Judges: K. N. AYERS
Agency: Department of Management Services
Latest Update: Sep. 19, 1977
Summary: Petitioner suspended three days without pay for excessive absenteeism on the job.
77-0640.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
BEN ALBERT, )
)
Petitioner, )
)
vs. ) CASE NO. 77-640
)
DEPARTMENT OF HEALTH AND )
REHABILITATIVE SERVICES, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on July 1, 1977 at Chattahoochee, Florida.
APPEARANCES
For Petitioner: Ben Albert, representing himself Rt. 2, Box 86A
Quincy Florida
For Respondent: Eric Haugdahl , Esquire
Staff Attorney Department of Health and
Rehabilitative Services 1323 Winewood Boulevard
Tallahassee, Florida 32301
By letter dated September 8, 1976 Ben Albert, Petitioner herein, appeals the three-day suspension without pay awarded him by the Florida State Hospital, Chattahoochee, Florida in letter dated August 16, 1976. As grounds for the suspension the hospital alleged excessive absenteeism from his job. Three witnesses were called by the Respondent, Petitioner testified in his own behalf, and five exhibits were admitted into evidence.
FINDINGS OF FACT
Petitioner was first employed by the. Florida State Hospital at Chattahoochee, Florida in 1968 and since March, 1971 has been evaluated by his supervisors as conditional or unsatisfactory in dependability. These low marks in dependability stem directly from his absenteeism rather than from his calibre of work when on duty. Petitioner is employed as a psychiatric aide.
On October 31, 1972 Petitioner received his first written reprimand for excessive absenteeism.
On March 22, 1973 a second written reprimand was received by Petitioner for excessive absenteeism. From August 1974 to May 1975 Petitioner was granted leave of absence to attend a vocational school.
Upon his return to work at the hospital he was assigned to the 3:00
P.M. to 11:30 P.M. shift.
In August 1975 Petitioner was assigned to night duty at his own request and over the objection of the night duty supervisor whose objections were based solely on Petitioner's prior record of absenteeism.
Between the months of September 1975 to August 1976 Petitioner was absent a total of 64 1/2 days of the days he was required to be on duty.
On July 13, 1976 Petitioner was given a third written reprimand for excessive absenteeism.
On each of the occasions Petitioner was absent he would call in one or two hours prior to the time he was scheduled to report for duty to advise that he or a member of his family was sick. At this time of night it was often impossible for the hospital to get a replacement for him, and, as a result, the ward was short of attendants.
Following the July 13, 1976 written reprimand Petitioner called in sick on July 25, July 31, and August 1, 1976.
In approximately 95 percent of the cases Petitioner's absences occurred the day prior or subsequent to his scheduled off-duty days.
During the six months period prior to his suspension from duty for three days without pay the ward to which Petitioner was assigned was a surgical ward where most patients required more intensive care than on non-surgical wards.
While on duty Petitioner is an effective and capable employee and his efficiency reports so indicate.
HRS Employee Handbook (Exhibit 1) provides penalties for various offenses. For the first offense of excessive absenteeism oral to written reprimand is recommended. For a second such offense penalty of written reprimand to three days suspension is recommended. For a third such offense three days suspension to dismissal is recommended. For a fourth such offense dismissal is recommended.
Testifying in his own behalf Petitioner acknowledged excessive absenteeism and gave as a reason that he was subject to headaches, and, that when he didn't feel good he would stay home rather than come to work and have to listen to the complaints of his fellow workers.
During the past year Petitioner has been employed by Gadsden County School Board as a bus driver. While so employed he missed only one day due to sickness.
CONCLUSIONS OF LAW
Petitioner was guilty of excess absenteeism as alleged. The penalty of three days suspension is authorized and appropriate for a second offense of excessive absenteeism occuring within the employee's performance rating period.
Full discretion to determine disciplinary action to be taken against an employee of the state agency is vested in the state agency with the sole limitation being the disciplinary action is taken for just cause. Department of Administration v. Hunter, 323 So.2d 24 (Fla. App. 1975). Here just cause for the penalty assessed was shown. It is therefore,
RECOMMENDED that the appeal be dismissed.
DONE and ENTERED this 26th day of July, 1977, in Tallahassee, Florida.
K. N. AYERS, Hearing Officer Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 26th day of July, 1977.
COPIES FURNISHED:
Ben Albert
Rt 2, Box 86A
Quincy, Florida 32351
Eric Haugdahl, Esquire Department of Health and
Rehabilitative Services 1323 Winewood Boulevard
Tallahassee, Florida 32301
Mrs. Dorothy B. Roberts Appeals Coordinator Department of Administration Room 530, Carlton Building Tallahassee, Florida 32304
Docket for Case No: 77-000640
Orders for Case No: 77-000640
