Judges: MICHAEL R. N. MCDONNELL
Agency: Department of Management Services
Latest Update: Jun. 02, 1978
Summary: Petitioner refused to comply with supervisor's orders and was suspended two days without pay.
77-1217.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DOROTHY SMITH, )
)
Petitioner, )
)
vs. ) CASE NO. 77-1217
)
DEPARTMENT OF HEALTH AND )
REHABILITATIVE SERVICES, ) RETARDATION PROGRAM OFFICE, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, an administrative hearing was held before Michael R. N. McDonnell, Hearing Officer of the Division of Administrative Hearings, at 10:00 A.M., on January 9, 1978, in Room 297, Federal Building, U.S. Courthouse, 80 North Hughey, Orlando, Florida.
Respondent was represented by Douglas Whitney, Esquire. The matter was tried as uncontested as Petitioner failed to appear at the hearing.
Respondent (hereafter HRS) seeks to sustain the Petitioner's (hereafter Smith) suspension without pay for two work days. Smith is charged with insubordination by refusing a direct order.
FINDINGS OF FACT
Smith is employed as a resident life assistant by HRS at Sunland Center in Orlando, Florida. Her duties include the bathing, feeding and general care of mentally retarded children who are patients at Sunland Center. Smith is not permanently assigned to any unit of the facility, but rather is assigned to various units as needed.
On May 11, 1977, Smith's supervisor, Francis Wingert, a registered nurse, as well as another registered nurse and the director of nursing, directed Smith to perform her duties in one of the units at Sunland Center. Without stating any reason, Smith refused to comply with the order of all three. Smith was subsequently suspended without pay for two work days by the Superintendent of Sunland Center.
CONCLUSIONS OF LAW
It is concluded that the refusal of Smith to follow the orders given her constitutes insubordination and good cause for suspension. It is, therefore,
RECOMMENDED that the action taken by HRS be sustained.
DONE and ENTERED this 7th day of February, 1978, in Tallahassee, Florida.
MICHAEL R. N. MCDONNELL
Hearing Officer
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
904/488-9675
COPIES FURNISHED:
Ms. Dorothy A. Smith 3006-D South Rio Grande Orlando, Florida 32805
Mrs. Dorothy B. Roberts Room 530, Carlton Building Tallahassee, Florida 32304
Douglas Whitney, Esquire 1323 Winewood Boulevard
Tallahassee, Florida 32301
Docket for Case No: 77-001217
Orders for Case No: 77-001217
| Issue Date |
Document |
Summary |
|
May 31, 1978 |
Agency Final Order
|
|
|
Feb. 07, 1978 |
Recommended Order
|
Petitioner refused to comply with supervisor's orders and was suspended two days without pay.
|
