STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOHN JACKSON, )

)

Petitioner, )

)

vs. ) CASE NO. 77-434

) DEPARTMENT OF ENVIRONMENTAL ) REGULATION, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice in the above styled cause in Room 104, Collins Building, Tallahassee, Florida, at 9:00 A.M. on May 2, 1977, before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This Career Service Commission appeal was referred by the Career Service Commission to the Division of Administrative Hearings with the request that a formal hearing be conducted to determine whether the transfer of John Jackson, Jr., was for good cause.

APPEARANCES

For Petitioner: John Jackson, Jr.,

appearing in his own behalf

For Respondent: Vance W. Kidder, Esquire

2562 Executive Center Circle, East Montgomery Building

Tallahassee, Florida 32301 FINDINGS OF FACT

1. John Jackson, Jr., is a Career Service employee with permanent status. His appeal of his transfer to the Career Service Commission was timely filed.

   
   

2. John Jackson, Jr., was transferred from Orlando to Tallahassee as a part of the relocation of a national pollution discharge elimination system section from Orlando to Tallahassee. The relocation of the national pollution discharge elimination system section was directed by the head of the department to consolidate sections of the Department of Environmental Regulation dealing with water quality in Tallahassee and improve departmental efficiency.

   
   

3. No evidence was received that the transfer of Jackson was for any reason other than as a part of the relocation of the national pollution discharge elimination system section.

   CONCLUSIONS OF LAW

   
   

4. Section 110.061, Florida Statutes, provides that any Career Service employee with permanent status may only be terminated for cause and that the Department of Administration, Division of Personnel, shall establish rules and procedures for investigating and hearing appeals by the Career Service Commission of suspensions, reductions in pay, transfers, layoffs, demotions and dismissals of employees in the Career Service for cause. It is clearly implied that Career Service employees with permanent status will have the right to appeal transfers. If a situation is related to some misconduct of an employee and constitutes an action in the nature of a disciplinary measure, the facts concerning the alleged misconduct may be examined to determine if good cause for discipline existed. However, when a transfer is directly related to a relocation or reorganization of the employing agency, a showing by the agency that the transfer was a part of a reorganization or relocation is sufficient to place the burden upon the employee to demonstrate by substantial and competent evidence that the transfer was of a disciplinary nature.

   
   

5. In the instant case, the agency introduced substantial and competent evidence that the transfer of John Jackson, Jr., was attendant to a relocation of a portion of its agency from Orlando to Tallahassee. No evidence was introduced by John Jackson, Jr., that the transfer was related to any disciplinary action.

   
   

6. The State of Florida, as any employer, has the right to reorganize itself to provide services in the most efficient manner possible. To accomplish this end, the state as an employer may direct a transfer of its employees.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law the Hearing Officer recommends that the transfer of John Jackson, Sr., be sustained.

DONE and ORDERED this 24th day of May, 1977, in Tallahassee, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Vance W. Kidder, Esquire Department of Environmental

Regulation

2562 Executive Center Circle, East Montgomery Building

Tallahassee, Florida 32301

Mr. John Jackson, Jr., Department of Environmental

Regulation

2551 Executive Center Circle, West Lafayette Building

Tallahassee, Florida 32301

Mrs. Dorothy Roberts Appeals Coordinator

Department of Administration Room 530, Carlton Building Tallahassee, Florida 32304

Docket for Case No: 77-000434

Orders for Case No: 77-000434