STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WALTER W. WRAY, )

)

Petitioner, )

)

vs. ) Case No. 99-3932

)

DEPARTMENT OF INSURANCE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this cause was heard by Linda M. Rigot, the assigned Administrative Law Judge of the Division of Administrative Hearings, on March 17, 2000, in Miami, Florida.

APPEARANCES

For Petitioner: Walter W. Wray, pro se

2983 Northwest 200th Terrace Miami, Florida 33056

For Respondent: Elenita Gomez, Esquire

Department of Insurance Division of Legal Services

200 Gaines Street 612 Larson Building

Tallahassee, Florida 32399-0333 STATEMENT OF THE ISSUES

The issues presented are whether Petitioner is entitled to supplemental compensation payments, and, if so, whether those payments should be retroactive.

PRELIMINARY STATEMENT

By correspondence dated June 2, 1999, the Department notified Petitioner that his application for firefighters supplemental compensation was denied, and Petitioner timely requested an evidentiary hearing regarding that denial. This cause was thereafter transferred to the Division of Administrative Hearings to conduct the evidentiary proceeding.

Petitioner Walter W. Wray testified on his own behalf. The Department presented the testimony of Larry McCall.

Additionally, Petitioner's Exhibit numbered 1 and the Department's Exhibits numbered 1-4 were admitted in evidence.

Only the Department submitted a proposed recommended order after the conclusion of the final hearing. That document has been considered in the entry of this Recommended Order.

FINDINGS OF FACT

1. At all times material hereto, Petitioner has been a certified firefighter, having become certified in February 1999.

2. On December 17, 1994, Petitioner received a Bachelor of Science degree with a major in hospitality administration. In 1999, Petitioner applied for admission to the Firefighters Supplemental Compensation Program at the bachelor's degree level.

3. Petitioner's current job title with the Miami-Dade Fire Department is "firefighter." He submitted a copy of his job

   description. The "Nature of Work" in his job description is described as "specialized work in the protection of life and property through combatting [sic] fires, performing emergency medical rescue duties and participating in fire prevention activities." Petitioner agrees that his main job duties are fire prevention, fire suppression, protection of life and property, and medical rescue.

4. Petitioner's job description lists the following under "Knowledges [sic], Abilities and Skills":

   Knowledge of modern firefighting techniques and principles.

   
   

   Knowledge of basic mechanical principles in operating a variety of complex equipment and apparatus.

   
   

   Knowledge of department regulations and operational procedures.

   
   

   Knowledge of firefighting equipment and gear on assigned apparatus.

   
   

   Knowledge of the fundamental principles of hydraulics.

   
   

   Knowledge of emergency medical rescue practices, methods, and techniques.

   
   

   Knowledge of the geography of the metropolitan area.

   
   

   Knowledge of fire prevention principles and programs.

   
   

   Knowledge of the need for personal hygiene and clean living quarters.

   Ability to react promptly and correctly in emergency situations.

   
   

   Ability to assess a situation, draw valid conclusions, and take appropriate action.

   
   

   Ability to read, retain and apply guidelines, regulations and policies to a variety of situations.

   
   

   Ability to understand and carry out written and verbal instructions.

   
   

   Ability to use basic hand and power tools. Ability to read, interpret and comprehend diagrams, charts, and gauges.

   
   

   Physical strength and agility sufficient to perform assigned duties including physical tasks requiring sustained effort.

   
   

5. None of the skills listed in Petitioner's job description relates to a major in hospitality administration.

6. A college degree is not required in order to become a firefighter for the Miami-Dade Fire Department. The level of education required is either a high school diploma or the equivalency.

7. Rule 4A-37.084, Florida Administrative Code, lists nine major study concentration areas for which supplemental compensation will be paid to qualified firefighters. Hospitality administration is not one of the nine majors listed in the Rule. The Department has never awarded an applicant supplemental compensation for a Bachelor of Science degree with a major in hospitality administration.

8. The Department makes a determination of whether a particular college degree which is not one of the nine listed in the Rule is readily identifiable as applicable to fire department duties by reviewing the applicant's job description and verifying the degree received according to the applicant's college transcript. Petitioner's major is not readily identifiable to his fire department duties as evidenced by the transcript and job description Petitioner submitted to the Department.

9. If a required job activity is prevalent, it should appear on the official job description. Unlike protection of life and property and fire suppression which are listed on Petitioner's job description, customer service is not a main part of a firefighter's duties nor is it listed on Petitioner's job description.

10. Petitioner has not yet achieved the rank of lieutenant or fire chief with the Miami-Dade Fire Department although he intends to achieve those ranks over time. A lieutenant's or a fire chief's job descriptions would reflect different duties from those listed on a regular firefighter's job description.

11. Petitioner's Fire Chief is Chief Paulison. Paulison declined to write a letter to the Department stating that Petitioner's degree is directly related to Petitioner's job duties.

    CONCLUSIONS OF LAW

    
    

12. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding. Sections 120.569 and 120.57(1), Florida Statutes.

13. Section 633.382, Florida Statutes, establishes the Firefighters Supplemental Compensation Program and provides in Subsection (2)(a)2 that a firefighter with a bachelor's degree applicable to fire department duties shall receive additional compensation. Petitioner has failed in his burden of proving entitlement to supplemental compensation by failing to demonstrate that his degree in hospitality administration is either one of the approved nine degrees or is itself readily identifiable as applicable to his fire department duties.

14. Petitioner's argument that as he moves up the career ladder in the Miami-Dade Fire Department he will have job duties involving customer service is not persuasive. Should Petitioner have a change in job duties, he can re-apply for supplemental compensation and attempt to demonstrate that his degree in hospitality administration is related to those new or different duties.

15. Similarly unpersuasive is Petitioner's argument that his degree is similar to a degree in business administration, one of the nine degrees approved by Department rule. Although Rule 4A-37.084(5), Florida Administrative Code, does list a

degree in business administration as an approved degree, that Rule does not provide that degrees similar to a degree in business administration are also acceptable.

RECOMMENDATION

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

RECOMMENDED that a final order be entered denying Petitioner's application for supplemental compensation.

DONE AND ENTERED this 19th day of April, 2000, in Tallahassee, Leon County, Florida.

LINDA M. RIGOT

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 19th day of April, 2000.

COPIES FURNISHED:

Bill Nelson, State Treasurer and Insurance Commissioner

Department of Insurance

The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300

Daniel Y. Sumner, General Counsel Department of Insurance

The Capitol, Lower Level 26 Tallahassee, Florida 32399-0300

Elenita Gomez, Esquire Department of Insurance Division of Legal Services

200 Gaines Street 612 Larson Building

Tallahassee, Florida 32399-0333

Walter W. Wray

2983 Northwest 200th Terrace Miami, Florida 33056

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 99-003932

Orders for Case No: 99-003932