Judges: WILLIAM B. THOMAS
Agency: Department of Management Services
Latest Update: Jun. 14, 1983
Summary: Respondent abandoned his position of employment and should be discharged.
83-0562.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF HEALTH AND )
REHABILITATIVE SERVICES, )
)
Petitioner, )
)
vs. ) CASE NO. 83-562
)
CHRISTOPHER KNOWLES, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William B. Thomas, held a formal hearing in this case on April 26, 1983, in Fort Lauderdale, Florida. The transcript was filed on May 11, 1983, closing the record of this proceeding.
APPEARANCES
For Petitioner: Harold L. Braynon, Esquire
201 West Broward Boulevard Fort Lauderdale, Florida 33301
For Respondent: Christopher Knowles, in pro. per.
3530 North West 18th Place Fort Lauderdale, Florida 33311
The issue to be determined is whether the Respondent abandoned his Career Service position with the Juvenile Detention Center in Broward County, Florida, under the circumstances set forth below.
The Petitioner presented three witnesses, namely, the superintendent and the assistant superintendent of the detention center, and the personnel officer of District X of the Department of Health and Rehabilitative Services (HRS), which is the state agency under which the detention center functions. Six exhibits were offered and received in evidence. The Respondent, after electing to proceed without legal counsel, testified in his own behalf.
FINDINGS OF FACT
The Respondent, Christopher Knowles, was employed at the Broward Regional Juvenile Detention Center in Fort Lauderdale, Florida, during the period of time prior to July 19, 1981, up until February 4, 1983.
On July 19, 1981, the Respondent was injured during the course of his employment when he tripped over one of the center's detainees while on the athletic field attempting to break up a fight between detainees.
The Respondent received medical treatment and was placed on disability leave until August 10, 1981, when he returned to work and was given a light-duty assignment.
On August 17, 1981, the Respondent was returned to a full-duty status, but he was still being treated by a physician, and until November 22, 1982, he worked irregularly and took sick leave when not working.
On November 22, 1982, the Respondent told his supervisor that he had been released by his doctor to return to work, but that he did not feel that he was yet able to return to work. The Respondent at this time was required to obtain a physician's authorization for continued sick leave, or else return to work.
When the Respondent did not return to work, he was advised on December 3, 1982, that he must contact his supervisor by December 10 or report to work by this date, or a recommendation would be made for termination of his employment.
When the Respondent did not respond, he was sent a letter on December 21, 1982, directed to the address which had been furnished by the Respondent to the personnel office, repeating the requirement that he contact his supervisor or report to work.
As a result of this letter, the Respondent went to the detention center on December 30, 1982, and repeated his contention that he was not yet able to return to work.
In January of 1983 the personnel office of the detention center secured a statement dated January 17, 1983, from the Respondent's physician advising that the Respondent was able to return to work on November 22, 1982.
On January 18, 1983, the Respondent was again told by letter sent certified mail, return receipt requested, that he must return to work, and he was given until January 24, 1983, to do so or, he was informed, that he would be terminated. This letter also advised the Respondent that his physician's statement had been secured stating that he had been fit for duty since November 22, 1982.
The Respondent did not respond to this letter. On February 2, 1983, the Respondent was advised by letter that his employment was terminated as of February 4, 1983, due to abandonment by the Respondent.
On February 4, 1983, the Respondent went to the office of his supervisor at the detention center, complaining that he did not abandon his job, and asking that his termination be reversed.
This request was declined. The detention center needed an employee in the Respondent's position and could not hire someone as long as the Respondent was employed in this position.
The Respondent contends that he fears that he might become reinjured if he should return to work, although he admits that his physician released him from further treatment and advised him to return to work on November 22, 1982. The Respondent also admits that he is not now under the care of a physician, and has not been examined by a doctor since November of 1982.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this case. Section 120.57(1), Florida Statutes.
16. Sections 110.201(1), 110.217(7), 110.219(5) and 110.227(3), Florida
Statutes, require the Department of Administration to adopt rules to implement the provisions of Chapter 110, Florida Statutes, dealing with the Florida state employment system.
Rule Section 22A-14.01(1), Florida Administrative Code, defines abandonment of position as "the unauthorized absence by an employee from the employee's position for 3 consecutive workdays."
Rule Section 22A-7.10(2)(a), Florida Administrative Code, provides 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. An employee who separates under such circumstances shall not have the right of appeal to the Career Service Commission; however, any such employee shall have the right to petition the Department of Administration for a review of the facts in the case and a ruling as to whether the circumstances constitute abandonment of position.
Subsection (b) of the above rule provides:
Each employee separated under conditions of abandonment of position shall be notified in writing by certified mail, return receipt requested, and such notification shall include a statement as to the employee's right to petition the Department of Administration for a review of the facts. . .
The Respondent was discharged by his physician to return to work on November 22, 1982. On January 18, 1983, after previous attempts to get the Respondent to return to work had failed, he was given notice that he would be terminated unless he returned to work by January 24, 1983. The Respondent did not respond in any way to this ultimatum. He was absent from work without any justification subsequent to this notice on the eight working days between January 24 and February 2, 1983. On February 2, 1983, he was advised by letter that he was terminated as of February 4. This is in accordance with the provisions of the above rules relative to abandonment of position and separation of employee under conditions of abandonment, and the Respondent has been lawfully terminated.
RECOMMENDATION
Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Administration enter an Order finding
that the Respondent, Christopher Knowles abandoned his position of employment at the Broward Regional Juvenile Detention Center, and that he be discharged effective February 4, 1983.
DONE and RECOMMENDED this 14 day of June, 1983 in Tallahassee, Florida.
WILLIAM B. THOMAS, 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 14 day of June, 1983.
COPIES FURNISHED:
Harold L. Braynon, Esquire
201 West Broward Boulevard Fort Lauderdale, Florida 33301
Mr. Christopher Knowles 3530 North West 18th Place
Fort Lauderdale, Florida 33311
David Pingree, Secretary Department of Health and
Rehabilitative Services 1323 Winewood Boulevard
Tallahassee, Florida 32301
Nevin Smith, Secretary Department of Administration
435 Carlton Building Tallahassee, Florida 32301
Docket for Case No: 83-000562
Orders for Case No: 83-000562
| Issue Date |
Document |
Summary |
|
Jun. 14, 1983 |
Recommended Order
|
Respondent abandoned his position of employment and should be discharged.
|
