STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF HEALTH AND ) REHABILITATIVE SERVICES, )

)

Petitioner, )

)

vs. ) CASE NO. 86-2072

)

REBANNER LEE, )

)

Respondents. )

)

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 October 7, 1986, in Gainesville, Florida. Subsequently, the parties submitted proposed findings of fact and conclusions of law which have been considered. A ruling has been made on each proposed finding of fact in the Appendix to this Recommended Order.

APPEARANCES

For Petitioner: R. Bruce McKibben, Jr., Esquire

1323 Winewood Boulevard

Tallahassee, Florida 32399-0700

For Respondent: Rebanner Lee, in pro per.

Post Office Box 192 Starke, Florida 32091

The Department of Health and Rehabilitative Services (HRS) notified Rebanner Lee (Lee) that she was terminated from her position as a secretary in the HRS District 3 Human Services Program Office due to Ms. Lee's abandonment of her position as described in the HRS personnel rules. Ms. Lee asked for a formal hearing under Section 120.57(1), Florida Statutes, to contest her termination from employment.

FINDINGS OF FACT

1. In April, 1986, Lee was employed by HRS as a secretary in the Human Services Program Office. She reported to work on April 25, 1986, which was a payday.

   
   

2. On the next regular day of work (April 28, 1986), Lee telephoned her office to request leave, explaining that her daughter had sprained her ankle and had to be taken to the doctor. Leave for this day was approved.

3. Lee did not report to work on April 29, 30, or May 1, 1986, and she did not speak to her supervisor, Charles Lauria, on any of these dates to request leave. She testified that her sister notified the office that she was taking more leave, but the sister was not at the hearing to verify this statement.

   
   

4. Lee did not report to work on May 2, 5, 6, 7 or 8, 1986, all of which were normal work days. Lee did not contact her supervisor or her office during this period.

   
   

5. Charles Lauria was Lee's supervisor. When he had not heard from Lee by May 7, 1986, he reported to the local personnel office that Lee had abandoned her job and should be terminated.

   
   

6. Lauria had previously warned Lee that failure to appear at work without prior approval could result in disciplinary action or termination. Lee signed a disciplinary memorandum indicating that she should personally contact Lauria in the event she would have to miss work for any reason.

   
   

7. The HRS personnel office (David Porter) recommended to the District Administrator that Lee be terminated for violating the abandonment provision of the HRS personnel rules.

   
   

8. On May 7, 1986, a letter of termination was mailed to Lee, notifying her that she had been terminated as of this date.

   
   

9. On May 9, 1986, Lee reported to work. May 9 was a payday, the first payday since Lee's last appearance at work on April 25, 1986. She was given verbal notice of her termination at this time.

   
   

10. Lee was aware of the abandonment provision in the HRS rules. She had acknowledged receipt of a copy of the rules upon commencing work at HRS. She had previously had problems regarding attendance, and had been counseled as to the importance of personally contacting her supervisor when she could not report for work.

    
    

11. Lee missed seven consecutive days of work prior to being terminated by HRS. HRS attempted to contact Lee prior to terminating her, but was unable to locate her.

    
    

    CONCLUSIONS OF LAW

    
    

12. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this case, pursuant to Section 120.57(1), Florida Statutes.

    
    

13. Rule 22A-7.010(2), Florida Administrative Code, provides that an employee who is absent without authorized leave for three consecutive workdays shall be deemed to have abandoned the position, and to have resigned from the Career Service. This rule further provides that such an employee does not have the right to appeal to the Career Service Commission, but has the right to appeal under the Administrative Procedure Act, Chapter 120, Florida Statutes.

    
    

14. Rebanner Lee abandoned her position as secretary in the Human Services Program Office by failing to appear at work on April 29, 30, May 1, 2, 5, 6, 7 and 8, 1986, without authorized leave, and she presented no evidence at the hearing to show that the termination of her employment by HRS was either improper or unjustified.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Administration enter a Final Order

terminating the employment of the Respondent, Rebanner Lee, from her position as a secretary in the Human Services Program Office, for abandonment, pursuant to Rule 22A-7.010(2), Florida Administrative Code, effective May 7, 1987.

THIS Recommended Order entered on this 19th day of November, 1986, in Tallahassee, Leon County, 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 19th day of November, 1986.

APPENDIX TO RECOMMENDED ORDER, CASE NO. 86-2072

The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties in this case.

Rulings on Proposed Findings of Fact Submitted by the Petitioner: 1-11. Accepted.

Rulings on Proposed Findings of Fact Submitted by the Respondent:

Accepted, but prior authorization to take leave had not been granted.

These are argumentative and not proposed factual findings. They are thus rejected.

COPIES FURNISHED:

William Page, Jr.

Secretary

Department of Health and Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32301

Steven W. Huss Department of Health and Rehabilitative Services General Counsel

1323 Winewood Boulevard

Tallahassee, Florida 32301

Gilda Lambert, Secretary Department of Administration

435 Carlton Building Tallahassee, Florida 32301

Augustus D. Aikens Department of Administration General Counsel

530 Carlton Building Tallahassee, Florida 32301

R. Bruce McKibben, Jr., Esquire 1323 Winewood Boulevard Tallahassee, Florida 32399-0700

Rebanner Lee, in pro se Post Office Box 192 Starke, Florida 32091

Docket for Case No: 86-002072

Orders for Case No: 86-002072