STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RUBY HOLLOWAY-JENKINS, )

)

Petitioner, )

)

vs. ) CASE NO. 87-4369

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to Notice, this cause was heard by Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on November 13, 1987 in West Palm Beach, Florida.

The Petitioner Ruby Holloway-Jenkins did not appear, and no one appeared on her behalf. Respondent Department of Health and Rehabilitative Services was represented by K. C. Collette, Esquire, West Palm Beach, Florida.

By certified letter dated September 11, 1987 the Department of Health and Rehabilitative Services advised Petitioner that she was terminated from her employment because she failed to report to work for three consecutive workdays. Petitioner requested a formal hearing to contest her termination from employment. Accordingly, the issue for determination herein is whether Petitioner abandoned her position and resigned from the Career Service.

William Boyd testified on behalf of the Respondent, and Respondent's Exhibits 1 and 2 were admitted in evidence. No evidence was offered on behalf of the Petitioner.

FINDINGS OF FACT

1. On July 9, 1986 Petitioner, a Clerk Typist Specialist employed by the Department of Health and Rehabilitative Services, signed a receipt acknowledging that she had received a copy of the Department's Employee Handbook which contains the information that an employee who is absent for three consecutive workdays without authorization may be considered to have abandoned his or her position and thereby to have resigned.

   
   

2. On September 3, 1987 Petitioner telephoned her supervisor to advise him that she had an interview scheduled and that she would be at work by 9:30 a.m.

   
   

3. She, however, thereafter failed to appear at work and failed to make any further contact with her supervisor on September 3, 4, 8, 9, 10, and 11, 1987.

   
   

4. On September 11, 1987 by certified letter the Department advised Petitioner that, as of the close of business on September 9, she was deemed to

   have abandoned her position and to have resigned from the Career Service due to her unauthorized absence for three consecutive workdays, i.e., September 3, 4, and 8, 1987.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter hereof and the parties hereto. Section 120.57(1), Florida Statutes.

   
   

6. Rule 22A-7.010(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 has Career Service status and separates under such circumstances shall not have

the right of appeal to the Public Employee Relations Commission; however, any such employee shall have the right to petition the department for a review of the facts in the case and a ruling as to whether the circumstances constitute abandonment of position.

Respondent has clearly met its burden of proving that Petitioner has been absent without authorized leave for three consecutive workdays. Based upon the uncontroverted evidence, Petitioner has abandoned her position and has resigned from the Career Service.

RECOMMENDATION

Based upon the foregoing Findings Of Fact and Conclusions Of Law, it is,

RECOMMENDED that a Final Order be entered deeming Petitioner to have abandoned her position and to have resigned from the Career Service.

DONE AND ORDERED this 30th day of November, 1987, in Tallahassee, Florida.

LINDA M. RIGOT

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 30th day of November, 1987.

COPIES FURNISHED:

Ruby Holloway-Jenkins 649 West 4th Street

Riviera Beach, Florida 33404

K. C. Collette, Esquire District IX Legal Counsel

111 Georgia Avenue

West Palm Beach, Florida 33401

Adis Vila, Secretary Department of Administration

435 Carlton Building Tallahassee, Florida 32399-1550

Augustus D. Aikens, Jr., Esquire General Counsel

Department of Administration

435 Carlton Building Tallahassee, Florida 32399-1550

Gregory L. Coler, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Building One, Room 407

Tallahassee, Florida 32399-0700

Docket for Case No: 87-004369

Orders for Case No: 87-004369