STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LOUISE MCADAMS, )

)

Petitioner, )

)

vs. ) CASE NO. 76-175

) CSC Case No. 75-43

CAREER SERVICE COMMISSION, )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, on March 10, 1976 in the Right of Way Office, Department of Transportation, Chipley, Florida.

APPEARANCES

For Petitioner: Lousie McAdams in proper person

504 North Fifth Street Chipley, Florida 32428

For Respondent: Enoch J. Whitney, Esquire

Department of Highway Safety and Motor Vehicles

Kirkman Building Tallahassee, Florida 32304

ISSUE

Whether the Respondent's suspension of Petitioner was in compliance with Chapter 110, Florida Statutes, and Chapter 22 A-10, Florida Administrative Code.

Whether the Respondent's suspension of Petitioner should be sustained.

FINDINGS OF FACT

1. Louise M. McAdams was an Examiner II employed by Respondent, Department of Highway Safety and Motor Vehicles in Marianna, Florida.

   
   

2. By letter dated February 11, 1975, Mrs. McAdams, the Petitioner, was notified that she was being suspended for three work days without pay by the Respondent, Department of Highway Safety and Motor Vehicles, Division of Drivers License, for:

   Third offense, rude and improper handling of a driver license applicant in willful violation of the Division of Driver Licenses' Disciplinary Policy, Section II, Pages 23-25 Examiner Manual (Appendix "A").

   
   

3. Mrs. McAdams appealed this suspension.

   
   

4. Petitioner had previously received two written reprimands from Respondent, one dated April 5, 1975 and one dated April 12, 1975 involving similar charges. The two previous reprimands did not result in the suspension of Petitioner.

   
   

5. The Department Respondent has presented documentary evidence that there were numerous complaints as to the work of Petitioner; her absences from the office; and, the handling of the general public. The Respondent Department has proceeded properly under its policy and rules and the rules of the Career Service Commission and under the statutes of the State of Florida.

   
   

6. Petitioner McAdams is am attractive personable woman but one who suffers from ill health. The routine pressures of the job of Examiner II and the general job pressure of state employment together with her physical condition is evidently responsible for her inability to satisfy the requirements of the job which is a job that requires a certain amount of job pressure and requires personnel to be at all times pleasant, smiling and courteous as well as consistently prompt in daily attendance.

   
   

7. The Hearing Officer further finds:

   
   

   1. The Respondent has properly followed the rules and regulations and statutes relative to the suspension of employees.

   2. That the suspension of Petitioner, Louise McAdams, was proper.

   3. That just cause existed for the suspension of Petitioner.

      
      

      CONCLUSIONS OF LAW

      
      

8. The suspension of Petitioner was in compliance with Chapter 110, Florida Statutes, and Chapter 22A-10, Florida Administrative Code. The agency has borne the burden of showing that it followed the policy, rules and regulations applicable thereto. The facts establish just cause.

RECOMMENDED ORDER

Sustain the agency action of suspension of Petitioner for the period of three days without pay.

DONE and ORDERED this 26th day of April, 1976.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 26th day of April, 1976.

COPIES FURNISHED:

Louise McAdams

504 North Fifth Street Chipley, Florida 32428

Enoch J. Whitney, Esquire Department of Highway Safety

and Motor Vehicles Kirkman Building Tallahassee, Florida 32304

Maurice Helms Personnel Officer

Department of Highway Safety and Motor Vehicles

Kirkman Building Tallahassee, Florida 32304

Docket for Case No: 76-000175

Orders for Case No: 76-000175