STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DONNA BROWN, )

)

Petitioner, )

)

vs. ) CASE NO. 77-2209

) DEPARTMENT OF HIGHWAY SAFETY & ) MOTOR VEHICLES, DIVISION OF ) DRIVERS LICENSES, )

)

Respondent. )

)

RECOMMENDED ORDER APPEARANCES

For Petitioner: Lee Bishop (an individual)

Route 3, Box 296

Madison, Florida 32340

For Respondent: Enoch J. Whitney, Esquire

Neil Kirkman Building Tallahassee, Florida 32304

and

A. D. Cochran, Assistant Director Division of Drivers Licenses

Neil Kirkman Building Tallahassee, Florida 32304

Pursuant to notice, the Division of Administrative Hearing, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on January 20, 1978, in Tallahassee, Florida.

Donna Brown (Petitioner herein) filed an appeal herein against a transfer by the Department of Highway Safety and Motor Vehicles, Division of Drivers License (Respondent herein) of her duty station from Respondent's Madison Drivers License Office to its new Drivers License Office located at Sing Office Mall, 2849 Apalachee Parkway, Tallahassee, Florida for its initial staffing.

The issue posed for decision herein is whether or not there is substantial and competent evidence to sustain the Respondent's decision for transferring the Petitioner herein.

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. Donna Brown, Petitioner herein, has been employed by the Division of Drivers License since approximately November, 1971. During the period from her

   initial employment until the date in which she resigned in lieu of a transfer on 11/30/77, her employment evaluations were always satisfactory or above. While employed, she requested transfers on approximately three occasions and they were all granted by the Department. On November 14, 1977, she was advised by C. W. Keith, Division Director of Driver Licenses that effective December 1, 1977, she would be transferred from the Madison office to the new drivers license office in the Sing Office Mall, Tallahassee, for initial staffing. On November 18, 1977, Petitioner timely filed an appeal of this transfer citing, inter alia, that she was given inadequate notice, and that no concern was given to the needs of her family concerning planning involved toward selling her home and changing schools for her ten-year-old son. The appeal of the transfer fell within the guides of Chapter 22A-7.09, Florida Administrative Code, which provides for such appeals when a transfer necessitates a move in excess of 50 miles from an appellant's work location by use of a secondary state road or better.

   
   

2. Richard A. Weaver, Bureau Chief of the Division of Driver Licenses, testified that the Petitioner was transferred to the Tallahassee office to perform financial responsibility functions which were given the Division pursuant to the Legislature. In the past, a large number of small offices only performed functions involved with the issuance of drivers licenses whereas when the additional function of the Financial Responsibility matters were given to each office, regardless of size, it was estimated that the Madison office needed one additional employee, as well as the Quincy office. However, when a time study was made of the work activity in the Madison, Quincy, and Perry offices (all offices of similar size), it was noted that the Financial Responsibility functions in the Madison office were not as great as had been anticipated.

   
   

3. Some time during October or November, 1977, Respondent acted upon an opportunity to open a new office in the Tallahassee area to be located in the Sing Mall. A study was done as to how this office would be staffed and based on examinations of Respondent's "Examiner Workload System Report", it was determined that the new Tallahassee office could be opened by utilizing existing personnel. The offices located in Madison, Perry, and Quincy are classified as small low-volume stations by the Respondent. See Respondent's Exhibit No. 3.

   In analyzing the staffing requirements, Respondent studied the staff of these three locations and contrasted the workload in terms of the staff size. In the Quincy office, which is staffed by three employees who also rove between the Chattahoochee and Bristol offices, the gross receipts for an eleven-month period are in excess of $60,000. For the same period, the Madison office, which has a staff of two employees, had gross receipts of approximately $29,000. Similarly, the Perry office, which only has one employee, had gross receipts in excess of the $29,000 amount generated by the Madison office. It was based on this analysis and study that the Respondent effected the transfer of the Petitioner. Messr. Keith, Division Director, testified that Petitioner had never been a discipline problem, and when the decision to transfer was made, consideration was given to the fact that Petitioner's husband who also resides in Madison, presently works for the Division in Tallahassee. Thus, it appeared that there would be no additional transportation cost thrust upon Petitioner by this transfer. James Herndon, a District Supervisor for Troop 8 whose duty assignment also includes the Madison office, also substantially corroborated the foregoing testimony of Division Director Keith.

   
   

4. Messr. Bill McDaniel, a trooper of the Florida Highway Patrol for approximately 21 years, expressed a need and desire of the residents in the Madison area to retain the Petitioner in the Madison office. He testified that there is high illiteracy in the Madison area and in terms of the 67 counties statewide, Madison County ranks 64th in the state in mental preparedness. He

   indicated that the Petitioner ofttimes performed duties over and above working assignments in assisting customers to pass the oral and written portions of the driver examination. He, as well as Sheriff Joe Peavy of Madison County and who had formerly been a trooper for approximately 16 years, testified that the needs of his constituents are not being served by the staffing of the Madison office with only one employee. He states that customers are inconvenienced by delays when road tests are given and that he had received numerous complaints due to Petitioner's absence. He testified that inconveniences would also increase as road tests increase and when the office is temporarily closed for lunch time and during emergencies such as sick leave.

   
   

   CONCLUSIONS

   
   

5. The evidence compiled herein reveals that the Petitioner has established a creditable work record and has always attempted to do her utmost in assisting the Madison area residents. On the other hand the Respondent has always attempted to accommodate Petitioner by granting her transfer requests when she submitted same. The Department, in allowing Petitioner to transfer to the Madison office, overprojected its work load and was forced to initiate her transfer due to this overprojection. While it is true that Madison County would perhaps be better served if the Madison office were staffed by two employees, the evidence herein reveals that Petitioner's transfer was made on priorities based on a more recent and accurate assessment of the workload of all area offices of similar size. The Petitioner in no manner challenged the statistical data adduced by the Respondent. Evidence also reveals that the Respondent was operating with limited resources which prompted it to make a "management decision" to transfer her to better utilize existing staff. This being the status of the record, the undersigned concludes that such a management decision should not be second-guessed and therefore will recommend, based thereon, that there is competent and substantial evidence to substantiate the Department's transfer of Petitioner.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

7. Based on record evidence established herein without refutation that the Department effected the transfer of Petitioner based on its need to better utilize its limited resources, there is competent and substantial evidence to sustain the Respondent's action transferring Petitioner. Accordingly, it is so concluded.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the appeal filed herein be dismissed and the Respondent's action, in transferring Petitioner be sustained.

RECOMMENDED this 24th day of February, 1978, in Tallahassee, Florida.

JAMES E. BRADWELL

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 24th day of February, 1978.

COPIES FURNISHED:

Lee Bishop

Rt. 3, Box 296

Madison, Florida 32340

Enoch J. Whitney, Esquire Neil Kirkman Building Tallahassee, Florida 32304

A. D. Cochran Assistant Director

Division of Driver Licenses Neil Kirkman Building Tallahassee, Florida 32304

Mrs. Dorothy Roberts Appeals Coordinator

Division of Personnel & Retirement Department of Administration

530 Carlton Building Tallahassee, Florida 32304

Docket for Case No: 77-002209

Orders for Case No: 77-002209