STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

UNIVERSITY OF SOUTH FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 77-2166

) C.S.C. Docket No. 77-261

RAYMOND JENNINGS, )

)

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 February 9, 1978 at Tampa, Florida.

APPEARANCES

For Petitioner: Leslie R. Stein, Esquire

Staff Attorney

University of South Florida Building ADM, Room 247

4202 East Fowler Avenue Tampa, Florida 33620

For Respondent: Mr. Raymond Jennings

4109 East Ellicott, Apt. D. Tampa, Florida 33610

By Notice of Appeal filed 10-4-77 Raymond Jennings seeks reversal of a five-day suspension without pay from September 30, 1977 to October 8, 1977. Ground for the suspension given in letter to Jennings dated September 29, 1977 was continuous absenteeism. Four witnesses were called by Petitioner, Respondent testified in his own behalf, and four exhibits were admitted into evidence.

FINDINGS OF FACT

1. Raymond Jennings is a career service employee employed in the custodial department at the University of South Florida Medical Center.

   
   

2. During the period between June 1, 1976 and September 30, 1977 Jennings used 91 days sick leave, 21 of which were due to a job related injury. Jennings earns 13 days sick leave per year.

   
   

3. He was counselled numerous times by his supervisor for tardiness as well as absenteeism. Due to excessive absences he was placed on special evaluation in January, 1977. By letter dated March 9, 1977 Jennings was advised that his superior feels no improvement was shown and that a second special

   evaluation would be given in sixty days. (Exhibit 1, p. 23). Performance appraisals during this period reflect continued absenteeism.

   
   

4. On September 1, 1977 Jennings was issued a written reprimand for absences on August 26 and 28, 1977.

   
   

5. On September 28, 1977 Jennings was again given a written reprimand for habitual tardiness and excessive absenteeism.

   
   

6. On September 29, 1977 Jennings was given the five days suspension which is the subject of this appeal.

   
   

7. During calendar year 1977 Jennings' attendance record reflects 74 hours of sick leave and pay cuts for an additional 52.5 hours for which he had no earned sick or annual leave. Of the total 126.5 hours, 80 hours of absenteeism occurred on either Friday or Monday.

   
   

8. In his defense Respondent contends that many of the days he was absent was because of a sick child who had to be taken to the doctor. He didn't feel his wife was as capable to take the child to the doctor as was he.

   
   

9. Jennings further contended that his supervisor, Purvis, made too many inquiries about his sickness when he, Jennings, called in sick, and when he felt bad he didn't want to come to work under Purvis. Jennings contends that just telling Purvis he is sick is adequate to justify his absenteeism.

   
   

10. The guidelines for disciplinary action in the Personnel Policies and Procedures Manual for University of South Florida (Exhibit 4) for chronic or excessive absenteeism provides:

    
    

    For first occurrence: oral reprimand For second occurrence: written reprimand

    For third occurrence: one week suspension For fourth occurrence: dismissal.

    
    

11. For the calendar year 1976 Jennings' pay was docked for 32 1/2 days of unauthorized absence and for the year January 1, 1977 to September 30, 1977 he was docked 6 days pay for absences taken in excess of that authorized. (Exhibit 3).

    
    

    CONCLUSIONS OF LAW

    
    

12. The evidence clearly supports a finding that since January 1, 1976 Raymond Jennings has been guilty of excessive absenteeism, that he received counselling on numerous occasions, as well as written reprimands and that despite oral and written admonishments he continued the excessive absenteeism. Frequent absence in excess of earned leave for which pay must be docked constitutes excessive absenteeism. Once just cause for disciplinary action has been shown, full discretion to determine punishment rests with the agency- employer. Department of Administration v. Hunter, 323 So.2d 24 (Fla. 1st DCA 1974).

From the foregoing it is concluded that Raymond Jennings was guilty of excessive absenteeism and that the punishment of five days suspension is well within the punishment authorized for this offense. It is therefore,

RECOMMENDED that the appeal be dismissed.

DONE and ENTERED this 17th day of February, 1978, in Tallahassee, Florida.

K. N. AYERS Hearing Officer

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

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 17th day of February, 1978.

COPIES FURNISHED:

Leslie R. Stein, Esquire University of South Florida Bldg. ADM, Room 247

4202 East Fowler Avenue Tampa, Florida 33620

Raymond Jennings

4109 East Ellicott, Apt. D. Tampa, Florida 33610

Mrs. Dorothy Roberts Appeals Coordinator

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

Docket for Case No: 77-002166

Orders for Case No: 77-002166