STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SUSAN STEUBE, )

)

Petitioner, )

)

vs. ) CASE NO. 77-2075

)

DEPARTMENT OF COMMERCE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on January 26, 1978, in Ft. Lauderdale, Florida.

APPEARANCES

For Petitioner: Ms. Susan Steube, in proper person

2400 Northwest 39th Way, Apt. 2-B Lauderdale Lakes, Florida 33311

For Respondent: Dan Turnbull, Esquire

Department of Commerce Collins Building Tallahassee, Florida 32304

Susan Steube, (Petitioner herein), filed an appeal herein in accordance with Section 22A-10.05 of the State of Florida Personnel Rules and Regulations.

Petitioner was suspended for three (3) days as a result of an incident which the Department of Commerce (Respondent), alleges occurred on September 8, 1977, in the Ft. Lauderdale Office of the Judge of Industrial Claims, at which time she (Petitioner) allegedly slapped another employee, Mrs. Virginia Fisher. This conduct allegedly engaged in by Petitioner, i.e., striking another employee, constitutes fighting as defined in Section 7.02 of the Department of Commerce Personnel Manual. The issue posed for decision herein is whether or not there is competent and substantial evidence to sustain the Respondent's action in disciplining the Petitioner by imposing a three day suspension.

Based on the testimony of the witnesses and their demeanor while testifying, including the entire record compiled herein, I make the following:

FINDINGS OF FACT

1. Susan Steube is employed in the Ft. Lauderdale office of the Judge of Industrial Claims, Department of Commerce, as a receptionist, clerk-typist II. According to Mrs. J. Seppy, 1/ the office manager and Petitioner's immediate supervisor, assigned her (petitioner) to assist the three office secretaries on a rotating basis. On September 8, 1977, Petitioner was assigned to assist another secretary, Virginia Fisher. During the morning of September 8, Mrs.

   Virginia Fisier, a secretary IV employed by a Judge of Industrial Claims, Department of Commerce, solicited the assistance of the Petitioner in opening, sorting and distributing the morning mail to the various judges in the office. According to Mrs. Fisher, the Petitioner took an inordinate amount of time to complete the task of sorting and distributing the mail. She further testified that Petitioner left her assigned task and busied herself by filing some materials which in Mrs. Fisher's opinion, was not as important a the distribution of the morning mail. Mrs. Fisher again requested that the Petitioner sort the morning mail and while so doing, attempted to remove certain files from her hands. While removing the files, the Petitioner struck Mrs.

   Fisher in the face under her chin causing her to bite her tongue. Two other employees, Mrs. Delane Colburn and Mrs. J. Seppy, corroborated the testimony of Mrs. Fisher. Sylvia Wolfe, a court reporter employed by the Department of Commerce and assigned to Judge John Green, testified that she was in Mrs. Delane Colburn's office when Virginia Fisher entered it on the morning of September 8. She testified that Mrs. Fisher's Face was red on the left side.

   
   

2. The Petitioner admitted that an altercation took place when Mrs. Fisher attempted to remove the folders from her hand, however, she denied that she physically struck Mrs. Fisher as alleged. There were no other witnesses to this incident. Based on the testimony by Mrs. Fisher and the corroborative testimony of employee/witnesses Colburn, Seppy and Wolfe, the undersigned is of the opinion and concludes that the version testified to by Mrs. Fisher is more creditable than the Petitioner's version. It is therefore credited.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

   
   

4. The Respondent established, by competent and substantial evidence, that the Petitioner engaged in the conduct of striking another employee on September 8, 1977, while employed at her duty station. Inasmuch as Section 7.05 of the Department of Commerce's personnel manual authorizes the Respondent to suspend an employee for a three (3) day period for the first offense, there is competent and substantial evidence to uphold the Respondent's disciplinary action. It is so concluded.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the appeal herein filed by the Petitioner be DENIED and the action of the Respondent in suspending the Petitioner for a three (3) dry period be upheld.

RECOMMENDED this 2nd day of March, 1978, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

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

(904) 488-9675

ENDNOTE

1/ Phonetic spelling used.

COPIES FURNISHED:

Susan Steube

2400 Northwest 39th Way, Apt. 2-B Lauderdale Lakes, Florida 33311

Dan Turnbull, Esquire Department of Commerce Collins Building Tallahassee, Florida 32304

Docket for Case No: 77-002075

Orders for Case No: 77-002075