Judges: STEPHEN F. DEAN
Agency: Department of Management Services
Latest Update: Apr. 22, 1980
Summary: Held that state employee who had auto accident in his state vehicle to which his conduct contributed could be disciplined.
76-0974.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
JAMES C. MIXON, )
)
Appellant, )
)
vs ) CASE NO. 76-974
) DEPARTMENT OF TRANSPORTATION, ) CAREER SERVICE COMISSION, )
)
Appellee. )
)
RECOMMENDED ORDER
A hearing was held in the Touchdown Room of the Sheraton/Jet Port Inn, 3835 Beeline Expressway, Orlando, Florida at 9:00 a.m. on December 14, 1976 before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.
This formal hearing was conducted as a result of an appeal to the Career Service Commission by James C. Mixon of his suspension of one day for having been responsible for an automobile accident through the careless operation of his assigned state motor vehicle. Mixon appealed said suspension to the Career Service Commission and said Commission referred this matter to the Division of Administrative Hearings to determine the issue of whether Mixon's suspension was for good cause.
APPEARANCES
James C. Mixon was not represented and did not appear in his own behalf. Attorney for Appellee: Philip S. Bennett, Esquire
Department of Transportation
Haydon Burns Building Tallahassee, Florida 32304
FINDINGS OF FACT
James C. Mixon is a Career Service Employee with appeal rights who was suspended by his employing agency for one day and filed a timely appeal to the Career Service Commission of that suspension. Subsequent to the appeal being filed with the Career Service Commission, this matter was referred to the Division of Administrative Hearings. A date and time for hearing was determined and notice was given in accordance with the applicable rules and statutes. Mr. Mixon did not appear at the formal hearing and was not represented by Counsel.
Mixon was a Highway Technician I assigned the duty of driving a dump truck. Mixon had been advised of his duties and responsibilities in operating said truck to include instructions regarding the safe operation of the vehicle.
On August 20, 1975, Mixon was hauling fill to a construction site which was off the traveled way of the State road. Mixon had pulled to the right side of the road just off the traveled way and was preparing to make a 90 degree turn to the left back on to the traveled way in order to back the dump truck up to the fill site. A flagman was on duty, standing in the middle of the road. This flagman signaled Mixon to proceed with his turn back on to the highway and Mixon apparently did so without checking to his left rear to determine if the traffic were in fact clear because, although there were no obstructions to his vision, Mixon turned on to the traveled way where he was struck by an oncoming motorist.
It was Mixon's responsibility under the Department of Transportation's safety procedures to determine whether conditions permitted his pulling back on to the highway safely even though a flagman was present. In pulling back on to the highway in such a manner that he was struck by another vehicle, Mixon violated the existing Agency safe driving instructions.
CONCLUSIONS OF LAW
Although no specific violation of rule or regulation was stated in the letter of disciplinary action, it does state that in accordance with the Fleet Accident Penalty and License Plan a safety committee reviewed Mixon's accident report and recommended that the accident be charged against Mixon's driving record. Clearly, there was an accident between Mixon's vehicle and a vehicle moving on the traveled way. This accident was caused, at least in part, by Mixon's failure to check behind him prior to pulling out on to the traveled way. Mixon, as do all drivers, had a responsibility to determine whether he could safely pull back on to the traveled way prior to proceeding. Because driving was a part of his job responsibility, it was also his responsibility to obey the applicable rules, regulations and statutes governing the operation of motor vehicles within the State of Florida. Mixon's failure to adhere to the traffic law of the State constituted a dereliction of his assigned duties for which he could be properly disciplined.
RECOMMENDATION
Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend that the disciplinary action of the Agency be sustained.
DONE and ORDERED this 21st day of December, 1976 in Tallahassee, Florida.
STEPHEN F. DEAN
Hearing Officer
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
(904) 488-9675
COPIES FURNISHED:
Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304
Mr. James C. Mixon 1223 Overdale Street
Orlando, Florida 32807
Mrs. Dorothy Roberts Appeal Coordinator Division of Personnel
Department of Administration Room 530 Carlton Building Tallahassee, Florida 32304
Docket for Case No: 76-000974
Orders for Case No: 76-000974
| Issue Date |
Document |
Summary |
|
Feb. 14, 1977 |
Agency Final Order
|
|
|
Dec. 21, 1976 |
Recommended Order
|
Held that state employee who had auto accident in his state vehicle to which his conduct contributed could be disciplined.
|
