STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLETCHER ARMOUR, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1912

)

CITY OF CLEARWATER, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice this case was heard before Delphene C. Strickland, Hearing Officer of the Division of Administrative Hearings, beginning at 2:30

1. November 8, 1979, in Clearwater, Florida.

   
   

   APPEARANCES

   
   

   For Petitioner: Mr. Fletcher Armour, per se

   535 Fairwood Avenue, Number 230 Post Office Box 794

   Clearwater, Florida 33518

   
   

   For Respondent: Rich Griesinger, Esquire

   Assistant City Attorney City of Clearwater

   Post Office Box 4748 Clearwater, Florida 33518

   
   

   ISSUE

   
   

   Whether the Petitioner, Fletcher Armour, should have been suspended by the Respondent, City of Clearwater, for a three-day period.

   
   

   FINDINGS OF FACT

   
   

   1. The Petitioner is an employee of the City of Clearwater and was at the time pertinent to this hearing a meter reader for the city. He was suspended for a period of three (3) days beginning July 31, 1979, and ending August 2, 1979, for insubordination and a serious breach of discipline.

      
      

   2. In February, 1979, Petitioner Armour and his superior, Fred W. Lewis, Accounts Supervisor, discussed the Petitioner's planned vacation. The Petitioner requested six (6) consecutive days: June 28 and 29, 1979, for religious reasons, plus the following four (4) days. Although tentative written approval was given by Lewis, he warned the Petitioner that if a meter reader with seniority requested the same four (4) "non-religious" vacation days Lewis would have to accede to the request for the reason that there is a seniority policy in the Utilities Department of the City of Clearwater, and further that the department could not properly function with two (2) meter readers on

      vacation at the same time. Lewis told the Petitioner that the two (2) vacation days requested for religious purposes, June 28 and 29, would be granted regardless of seniority.

      
      

   3. Subsequent to this first meeting, a Mr. Henderson, a meter reader with seniority over Petitioner Armour, requested the same four (4) days desired by the Petitioner. To resolve this conflict of vacation schedules, Lewis called a meeting during early June, 1979, at which all meter readers were present, including Kim Kyler, a witness for Respondent at the hearing. According to the testimony of Lewis and Kyler, Lewis asked Petitioner Armour during the meeting what days he wanted to take off. Petitioner responded by stating he would take his first two (2) vacation days (June 28 and 29), but not the last four (4) days, and that he would postpone taking these four (4) days until sometime in December when he had two (2) weeks. He was then told that he was not entitled to two (2) weeks until after January 1, and therefore could not take the requested four (4) days in December. Lewis thereupon documented the vacation schedules of Petitioner Armour and Henderson accordingly, giving Henderson the last four (4) days he desired and had theretofore requested. Witness Kyler corroborated the testimony of Lewis.

      
      

   4. Petitioner Armour took off the four (4) days following the two (2) days leave granted that he had requested in February but was denied in June.

      
      

      CONCLUSIONS OF LAW

      
      

   5. The Division of Administrative Hearings has jurisdiction of this matter and the parties thereto pursuant to Section 120.57, Florida Statutes.

1. The Clearwater Civil Service Board Rules and Regulations were adopted by the Clearwater Civil Service Board and approved by the City Commission in May, 1965, and incorporated in Clearwater City Ordinance #1831.

   
   

2. Rule 14, Section 1(k) provides:

   
   

   The following are declared to be just causes for suspension, demotion or dismissal of any employee in the classified civil service, though charges may be based upon any cause which will promote the efficiency of the City service other than those herein enumerated, namely, that the employee: . . .

   (k) Has violated any lawful and reasonable official regulation or order or failed to obey any lawful and reasonable direction made and given to him by his superior officer when such violation or failure to obey amounts to insubordination or serious breach of discipline which may reasonably be expected to result in a lower morale in the department or to result in loss, inconvenience, or injury to the City or to the public.

   
   

3. Petitioner Armour violated the foregoing rule and could have been suspended for ten (10) days.

   
   

4. The Petitioner was told in February of the long-standing policy of allowing those employees with seniority to have a choice of vacation time when

   he requested additional leave in June. In June he was told at a meeting held for the express purpose of clearing vacation time that another employee had requested the same period of time, and that he would not be granted leave after June 28 and 29. Petitioner took six (6) days off, which was the same period of time he had earlier requested, but was granted only two (2) days.

   
   

5. The Petitioner's employment as a meter reader required that no two (2) meter readers can take simultaneous vacations if that part of the city business is to function properly. Leave taken by Petitioner was in violation of a lawful and reasonable direction and resulted in loss and inconvenience to the city.

RECOMMENDATION

Based upon the foregoing Findings and Conclusions of Law, the Hearing Officer recommends that the three (3) days suspension of the Petitioner, Fletcher Armour, by the Respondent, City of Clearwater, be sustained.

DONE and ORDERED this 10th day of January, 1980, in Tallahassee, Leon County, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Rick Griesinger, Esquire Assistant City Attorney City of Clearwater

Post Office Box 4748 Clearwater, Florida 33518

Mr. Fletcher Armour

535 Fairwood Avenue, #230 Post Office Box 794 Clearwater, Florida 33518

Docket for Case No: 79-001912

Orders for Case No: 79-001912