STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

EYVIND BONNER,

Petitioner,

V.

INTERNATIONAL PAPER COMPANY,

EEOC Case No. 15D201300637 FCHR Case No. 2013-01921 DOAH Case No. 14-2529 FCHR Order No. 15-071

Respondent.

ORDER REMANDING CASE TO ADMINISTRATIVE LAW JUDGE FOR FURTHER PROCEEDINGS ON PETITION FOR RELIEF

This matter is before the Commission for consideration of the Order Closing File, dated October 13, 2014, issued in the above-styled case by Administrative Law Judge June C. McKinney.

Findings of Fact and Conclusions of Law

Judge McKinney's order dismisses the case and closes the file of the Division of Administrative Hearings based on Petitioner's failure to demonstrate that the Petition for Relief was timely-filed.

Judge McKinney had earlier issued an order directing that Petitioner: " ... no later than Friday, October 10, 2014, at 5:00 p.m. shall show cause in writing why this matter should not be dismissed and how Petitioner timely filed his Petition for Relief dated September 24, 2013, within the 35-day right to appeal the Notice of Determination: No Cause, which was issued on May 14, 2013." Petitioner responded to this order, but the ALJ found, "Petitioner's response fails to address the issue regarding whether he timely filed his Petition for Relief dated September 24, 2013. Therefore, Petitioner has failed to show cause why the undersigned has jurisdiction to hear this matter."

Our review of the record finds that the Notice of Determination: No Cause in this case was issued on April 21, 2014. The Petition for Relief was filed on May 27, 2014. The 35th day after the issuance of the Notice of Determination: No Cause was Monday, May 26, 2014, which was a holiday, namely Memorial Day. Therefore, the filing of the Petition for Relief on May 27, 2014, is timely.

While the Administrative Law Judge's order suggests that the Petition for Relief is dated September 24, 2013, our review of the record indicates that September 24, 2013, is the date the initial complaint filed with the Commission was signed by Petitioner. Also, while the Administrative Law Judge's order indicates that the date the Notice of Detem1ination: No Cause was issued is May 14, 2013, our review of the record indicates

Filed December 3, 2015 10:49 AM Division of Administrative Hearings

that May 14, 2013, is the date the Notice of Determination: No Cause was issued in an earlier case filed by Petitioner with the Commission, FCHR Case No. 2013-00334.

Based on the foregoing, and noting again that the Petition for Relief in this case was timely-filed, we conclude that the matter should be remanded to the Administrative Law Judge for further proceedings on the Petition for Relief.

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge's Order Closing File.

Remand

The matter is REMANDED to the Administrative Law Judge for further proceedings on the Petition for Relief consistent with this Order.

DONE AND ORDERED this ;i day of IJ ,2015.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Michael Keller, Panel Chairperson; Commissioner Donna Elam; and

Commissioner Jay Pichard

Filed this -2_ day of /).,ec

in Tallahassee, Florida.

, 2015,

Clerk 7

Commission on Human Relations

4075 Esplanade Way, Room 110

Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

Eyvind Bonner 627 Berkley Drive

Pensacola, FL 32503

International Paper Company c/o Stephen M. Cozart, Esq. Kubicki Draper, P.A.

125 West Romana St., Ste. 550

Pensacola, FL 32502

International Paper Company c/o Vincent Miraglia, Esq.

6400 Poplar Ave., Tower II Memphis, TN 38197

June C. McKinney, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

Jam    

I HEREBY CERTIFY that a cop t ing has been mailed to the above listed addressees this 3 day of e_        , 2015.

By

Clerk of the C ission

Florida Commission on Human Relations

Docket for Case No: 14-002529

Orders for Case No: 14-002529