STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARJORIE R. MILLER, )

)

Petitioner, )

)

vs. ) CASE NO. 87-2189

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDATION

The final hearing in this case was held on August 6, 1987, in Arcadia, Florida before Donald D. Conn, Hearing Officer with the Division of Administrative Hearings. The parties were represented as follows:

Petitioner: Marjorie R. Miller, pro se

1002 Rainbow Avenue

Arcadia, Florida 33221

Respondent: George Oujevolk, Esquire

Post Office Box 129 Arcadia, Florida 33221

The issue in this case is whether Marjorie R. Miller (Petitioner) abandoned her position at G. Pierce Wood Memorial Hospital by being absent without authorized leave for three consecutive work days. Petitioner has requested the Department of Administration to review the facts of this case and to issue a ruling as to whether the circumstances constitute an abandonment of her position.

At the hearings Petitioner testified on her own behalf and also called Georgia Edwards and May Robinson. Respondent called M. H. Townsend, Louise Bell, Denise Wood, and Ellen Walters. Respondent introduced eight exhibits. No transcript or proposed findings of fact have been filed.

FINDINGS OF FACT

1. Petitioner was employed for 22 years at G. Pierce Wood Memorial Hospital (GPWMH) as a human services worker I. She was a permanent career service employee.

   
   

2. It is undisputed that Petitioner failed to report to work or to seek approval for leave after March 5, 1987.

   
   

3. A notice was sent to Petitioner on or about April 14, 1987 by M. H. Townsend, Personnel Manager at GPWMH, informing her that an employee who is absent without authorized leave for three consecutive work days is deemed to

   have abandoned her position. On April 16, 1987 Petitioner signed a return receipt acknowledging receipt of this notice.

   
   

4. She continued to be absent from her position without authorized leave and was notified on April 27, 1987 that she was deemed to have abandoned her position. Petitioner was therefore separated from her position with GPWMH.

   
   

5. Petitioner offered no evidence to explain her unauthorized absence from March 5, 1987 to her separation on April 27, 1987. She testified she was not physically able to work, but did not support this testimony with any medical evidence. To the contrary, medical records introduced on behalf of Respondent indicate Petitioner was examined and determined to be able to return to light duty work in February, 1987. Respondent had thereafter assigned Petitioner to a light duty program consistent with her medical evaluation.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties and subject matter in this cause. Section 120.57(1), Florida Statutes.

   
   

7. Rule 22A-07.010(2), Florida Administrative Code, specifies that an employee who is absent without authorized leave for three consecutive days shall be deemed to have abandoned her position and to have resigned from the Career Service. This rule also specifies that employees who have abandoned their position 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 facts constitute an abandonment.

   
   

8. The record in this case is unrebutted that Petitioner abandoned her position at GPWMH. At hearing, it was established that Petitioner was absent without authorized leave from March 5, 1987 to her separation on April 27, 1987. Respondent had provided a light duty assignment for Petitioner in February, 1987 consistent with her medical evaluation, but Petitioner thereafter abandoned her position by remaining absent without authorized leave for more than three consecutive days, even after receiving specific written notice of the consequences of her action on April 16, 1987.

RECOMMENDATION

Based upon the foregoing, it is recommended that the petition filed herein be DISMISSED.

DONE and ENTERED this 25th of August, 1987, in Tallahassee, Florida.

DONALD D. CONN, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 25th day of August, 1987.

COPIES FURNISHED:

Marjorie R. Miller 1002 Rainbow Avenue

Arcadia, Florida 33221

George Oujevolk, Esquire Post Office Box 129 Arcadia, Florida 33221

Adis Vila, Secretary Department of Administration

435 Carlton Building Tallahassee, Florida 32399-1550

Augustus D. Aikens General Counsel

Department of Administration

530 Carlton Building Tallahassee, Florida 32399-1550

Docket for Case No: 87-002189

Orders for Case No: 87-002189