STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JEAN GOLDEN, )

)

Petitioner, )

)

vs. ) Case No. 85-3844

)

DEPARTMENT OF CORRECTIONS, ) BROWARD CORRECTIONAL INSTITUTE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William J. Kendrick, held a public hearing in the above-styled case on January 7, 1986, at Miami, Florida.

APPEARANCES

For Petitioner: Laurice C. Mayes, Esquire

Patricia Graham Williams, P.A. 18583 Northwest 27th Avenue Miami, Florida 33056

For Respondent: Lynne T. Winston, Esquire

Assistant General Counsel Department of Corrections 1311 Winewood Boulevard

Tallahassee, Florida 32301

PRELIMINARY STATEMENT

The issue raised by these proceedings is whether the circumstances surrounding Petitioner's absence from her employment with Respondent for a period of three consecutive working days constitutes abandonment of her position and resignation from the Career Service pursuant to Rule 22A-7.10(2), F.A.C.

At final hearing Petitioner's counsel moved for a continuance predicated on her assertion that Petitioner was ill and unable to attend the hearing. The only evidence offered concerning Petitioner's illness was a note, bearing a facsimile

signature of James E. Fischer, M.D., which read:

Patient was seen and treated at this facility today (1/6/86) and will not be able to attend court on 1.7.86.

Petitioner offered no evidence of the nature of her illness or its severity. Petitioner's motion for a continuance was denied.

Petitioner called no witnesses. Petitioner's Exhibit 1 was marked for identification. Respondent called Marta Villacorta, Betty Upthegrove, and William Larkins, as witnesses.

Respondent's Exhibits 1-2 were received into evidence.

The parties were granted leave through January 17, 1986, within which to file proposed findings of fact and conclusions of law. No proposed findings have been submitted on behalf of Petitioner. A ruling has been made on each proposed finding of fact in the Appendix to this Recommended Order.

FINDINGS OF FACT

1. Petitioner, Jean Colden (Colder), was employed full time by Respondent, Department of Corrections (Department), as an Accountant II at Broward Correctional Institution.

   
   

2. The evidence establishes that Colden was absent without authorized leave on three consecutive workdays, to wit: October 1-3, 1985. At no time did Colden notify the Department of her intention not to appear for work on those dates, and at hearing she offered no explanation for her absences.

   
   

3. By certified letter dated October 4, 1985, return receipt requested, Colden was advised that her absence from work since October 1, 1985, was unauthorized and that, pursuant to Rule 22A-7.10(2), F.A.C., she was deemed to have abandoned her position and resigned from the Career Service. The letter further advised Colden of her right to petition the Department of Administration for a review of the facts, and whether they constitute abandonment.

   
   

4. Colden timely petitioned the Department of Administration for review On November 5, 1985, he Department of Administration accepted Colden's petition and requested the assignment of a Hearing Officer from the Division of Administrative Hearings to conduct the final hearing.

   
   

   CONCLUSIONS OF LAW.

   
   

5. The Division of Administrative Hearings has jurisdiction

   over the parties to, and the subject matter of, these proceedings.

   
   

6. Rule 22A-7.10(2), F.A.C., provides in pertinent part:

   
   

   (2) Abandonment of Position--

   
   

   (a) 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.

   
   

7. The evidence establishes that Colden, without notice or authorized leave, was absent for three consecutive workdays from her employment. Colden failed to establish any basis which would have excused, or authorized, her absence from work during the period in question.

Based on the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that the Department of Administration enter a Final Order that:

1. Petitioner, Jean Colden, abandoned her position and resigned from the Career Service.

2. Dismisses the petition of Jean Colden with prejudice. DONE AND ENTERED this 21st day of January, 1986, at

Tallahassee, Florida.

WILLIAM J. KENDRICK, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 21st day of January, 1986.

COPIES FURNISHED:

Laurice C. Mayes, Esq.

Patricia Graham Williams, P.A. 18583 N.W. 27 Avenue

Miami, FL 33056

Lynne T. Winston, Esq. Assistant General Counsel Department of Corrections 1311 Winewood Boulevard

Tallahassee, FL 32301

Louis A. Vargas, Esq. General Counsel Department of Corrections 1311 Winewood Boulevard

Tallahassee, FL 32301

Augustus D. Aikens, Esq. General Counsel

Department of Administration Carlton Building Tallahassee, FL 32301

Gilda H. Lambert, Secretary Department of Administration

435 Carlton Building Tallahassee, FL 32301

APPENDIX

The Department's proposed findings of fact are ruled on as follows:

1. Adopted in paragraph 1.

2. Rejected as not relevant.

3. Rejected as not relevant..

4. Rejected as not relevant.

5. Adopted in paragraph 2.

6. Adopted in paragraph 3.

Docket for Case No: 85-003844

Orders for Case No: 85-003844