STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RONALD WINKFIELD, )

)

Petitioner, )

)

vs. ) CASE NO. 82-1288

)

DEPARTMENT OF HEALTH AND ) REHABILITATIVE SERVICES and ) DEPARTMENT OF ADMINISTRATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, on September 22, 1982, at the W. T. Edwards Building, Tampa, Florida. The issue for determination at the hearing is whether petitioner abandoned his position of employment with the Department of Health and Rehabilitative Services and resigned from the Career Service.

APPEARANCES

For Petitioner: Ronald Winkfield

5914 82nd Street

Tampa, Florida 33619

For Respondent: Amelia M. Park

District VI Legal Counsel 4000 West Buffalo Avenue Tampa, Florida 33614

FINDINGS OF FACT

Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found:

1. Petitioner Ronald Winkfield was employed as a detention care worker with the Hillsborough Regional Juvenile Detention Center in February of 1982, and was assigned to work the midnight to 8:00 A.M. shift.

   
   

2. On or about June 8, 1981, Mr. Winkfield was involved in an automobile accident, received injuries and returned to work on or about August 17, 1981.

   He claims that he still suffers severe headaches as a result of the accident and that his work with delinquents caused him mental strain.

   
   

3. The logs of the Detention Center illustrate that Mr. Winkfield missed four days of work during the first week of February, and called in sick on the first two of those four days. On February 7, 8, 9 and 10, 1982, Mr. Winkfield again did not appear for duty and did not call in sick on any of those days.

   Employees of the Detention Center working the midnight to 8:00 A.M. shift were instructed to call in before 6:00 P.M. if they were not going to report for work that night.

   
   

4. Petitioner admits that he did not report for work on February 7, 8, 9 or 10, 1982, and that he did not call in on those dates to report his absence. He explains that he did not call in because an employee told him during the first week of February that she would not accept his calls unless he brought in a doctor's certificate stating that he was unable to work.

   
   

5. About 11:45 P.M. on February 10, 1982, Mr. Winkfield was seen at a doughnut shop getting out of a Tampa Tribune truck. Petitioner was employed by the Tampa Tribune to deliver papers in February of 1982.

   
   

6. A week or two before February 7, 1982, a personnel officer discussed with Mr. Winkfield the procedure for obtaining time off without pay. Mr. Winkfield never formally applied for leave without pay.

   
   

7. By letter dated February 12, 1982, the Assistant Supervisor of the Hillsborough Regional Juvenile Detention Center advised Mr. Winkfield that he was deemed to have abandoned his position and to have resigned from the Career Service because of his failure to report to work for four consecutive workdays without authorized leave.

   
   

   CONCLUSIONS OF LAW

   
   

8. The issue in this proceeding is whether the facts and circumstances as demonstrated by the record constitute an abandonment of position on the part of Ronald Winkfield. The rules pertinent to separation from positions in the Career Service are contained in Chapter 22A-7.10, Florida Administrative Code. Rule 22A-7.10(.2)(a) provides, in part, as follows:

   
   

   An employee who is absent without authorized leave of absence for 3 consecutive workdays shall be deemed to have abandoned the position and to have resigned from the Career Service.

   
   

   Also see Rule 22A-14.01(1), Florida Administrative Code.

   
   

9. The evidence adduced at the hearing clearly demonstrates that petitioner Winkfield was absent without authorized leave of absence for four (4) consecutive workdays -- February 7 through February 10, 1982. The evidence illustrates that the proper procedure for obtaining authorized leave was explained to Mr. Winkfield only a week or two prior to his taking unauthorized leave. Thus, if petitioner was indeed unable to work because of physical ailments, there was a proper procedure to be followed to obtain authorization for his absence. Petitioner chose not to follow this procedure, and his failure to appear for work on February 7 through 10, 1982, constituted an abandonment from his position and his resignation from the Career Service.

RECOMMENDATION

Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that a Final Order be entered concluding that petitioner Ronald Winkfield has abandoned his position of employment and resigned from the Career Service.

Respectfully submitted and entered this 7th day of October, 1982, in Tallahassee, Florida.

DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 7th day of October, 1982.

COPIES FURNISHED:

Ronald Winkfield 5914 82nd Street

Tampa, Florida 33619

Amelia M. Park, Esquire District VI Legal Counsel Department of HRS

4000 West Buffalo Avenue Tampa, Florida 33614

David Pingree, Secretary Department of HRS

1323 Winewood Boulevard

Tallahassee, Florida 32301

Nevin G. Smith, Secretary Department of Administration Carlton Building Tallahassee, Florida 32301

Docket for Case No: 82-001288

Orders for Case No: 82-001288