STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CITY OF CLEARWATER, )

)

Petitioner, )

)

vs. ) CASE NO. 84-3305

)

RAYMOND W. PARKE, )

)

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 December 6, 1984, at Clearwater, Florida.

APPEARANCES

For Petitioner: Frank X. Kowalski, Jr., Esquire

Post Office Box 4748 Clearwater, Florida 33518

For Respondent: Raymond W. Parke, Pro Se Box 7115

Clearwater, Florida 33518

By letter dated August 31, 1984, Raymond W. Parke requested a hearing to contest the five-day suspension from work in the City of Clearwater Utilities Department. By Notice of Suspension dated August 10, 1984, Parke was suspended for five days on allegations that he violated Civil Service Rules and Regulations, Rule 14, Section 1, paragraph (b) by being wantonly careless or negligent in the care of property of the City. The recommended disciplinary action requested by the Utilities Department was for "Violating a safety rule where the violation endangers the life of City personnel or the public, property or equipment."

At the hearing the City called five witnesses, Respondent called five witnesses, and six exhibits were admitted into evidence.

FINDINGS OF FACT

1. Raymond W. Parke is employed by the City of Clearwater Utilities Department as a Pipefitter II in the Gas Division and was so employed on May 18, 1984. Parke has worked for the City for some three and one-half years in the gas division but spent the better part of two years on an "indoors" job doing charts and interruptible billing. On November 1, 1983, he was transferred to field duty on a construction crew and on May 1, 1984, went on the emergency crew. He was promoted to Pipefitter II after working in the field for several months.

2. During the period Respondent was assigned to the emergency crew they were engaged in changing regulator stations at various locations within the City. The regulators performed the function of changing high pressure gas in the main line to low pressure (7 psi) at the regulator from which point it is distributed to individual customers.

   
   

3. Interruption of service is a necessary part of changing regulators since the main has to be turned off while the regulator is being changed. The job of changing a regulator is done by a crew of several men each having certain functions, with the man in charge usually a Welder I. Various crews have been in the process of changing these regulators for the past two years.

   
   

4. On May 10, 1984, two crews were assigned to the task of changing the regulator at Highland Avenue and Sunset Point Road in Clearwater. The welder in charge of the job, James Vowell, had a total of five men to assist him. Thomas Grow, crew chief of the crew comprised of Parke, Dixon, and himself had been assigned to assist Vowell change the regulator station. He had been told that he was to have one of his crew assist Vowell and the other to take care of the houses on the line.

   
   

5. Upon arrival at the station to be changed, Parke was directed by Grow to "take care of the meters and customers" and Parke departed presumably to accomplish the task assigned. He returned some ten minutes later about the time it would normally take to visit the seven houses in this line, advise the customers of the gas interruption and to turn off the gas at the meters.

   
   

6. Customary practice in the gas division is to shut off the gas at the customer's meter every time there is an interruption of service. The reason for this is to prevent gas entering residences before the inhabitants are ready after the supply of gas has been restored to the main. Newer appliances are equipped with safety devices which will shut off the gas supply if the pilot is not lighted while on many older appliances gas could build up after the supply is restored and a spark could set off an explosion and fire.

   
   

7. Following the completion of the regulator change on May 18, 1984, other members of the crew were sent to the seven residences to advise the customers that gas had been restored and to turn on their meters. They found that none of the seven meters had been turned off and reported this to the crew chief. When questioned about the incident, Parke initially told James Lewin, Supervisor, Gas Division, that when he went to the first house the occupant was disagreeable about the gas being interrupted add that he forgot to turn off the meters at the seven houses. One or two days later Parke changed this story to say he didn't understand the instructions he had been given by Grow included turning off the meters.

   
   

8. Although Parke had been assigned to the emergency crew for only about three weeks at the time of this incident, he had participated in several regulator station changes and had, in company with a more experienced pipefitter, gone to the houses to advise the occupants of the interruption of service and to turn off their gas meters as well as going back to the houses to open the stops after the regulator station had been changed and pressure restored. All witnesses testified that if told to take care of the customers and meters in connection with the change of a regulator station, they would understand this included turning off the gas at the meters. They also testified that if they didn't understand the instruction they would ask what they were expected to do.

9. Weekly afternoon meetings are held by the gas division workers at which they are given instructions and information regarding work planned for the future. Evidence that these "instruction" periods do not always, or more than one-half of the time, provide actual instruction is not really relevant too this case. The issue here is whether Respondent was given instructions to turn off the meters, he understood his instructions, failed to do so, and told nobody that the meters had not been turned off.

   
   

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

    
    

11. The burden is on the Petitioner to prove the offense alleged. Balino

    v. Department of Health and Rehabilitative Services, 348 So. 2d 349 (Fla. 1st DCA 1977). Respondent presented no testimony that he did not understand the instructions given by his crew chief when told to take care of the customers and the meters. All witnesses testified they would understand such instructions to mean to turn off the gas at the meters and advise the customers. Respondent had participated in at least three jobs involving regulator station changes where he had gone to the houses, advised the customers and turned off or turned back on the gas.

    
    

12. Respondent had worked for the Clearwater Gas Division for some three and one-half years at the time of this incident and had worked in the field for more than six months. Although he had been on the emergency crew for only about three weeks at the time of this incident, he had participated with crews changing regulator stations on several occasions and knew, or should have known, that during such a procedure gas at customers meters is turned off. Working on the gas division for three and one-half years is adequate to apprise one of average intelligence that gas is a highly flammable product, can be set off by an electrical spark, and once the gas is cut off pilot lights go out. When pressure is restored, gas can build up in a residence if the pilot is not relighted or the appliance is equipped with safety features to stop such a build-up. Accordingly, the failure to turn off the meters has potentially very serious consequences. Parke is certainly a person with at least average intelligence.

    
    

13. The punishment awarded is authorized for the offense for which Respondent has been proven guilty and should be approved.

    
    

14. From the foregoing, it is concluded that Raymond W. Parke is guilty of violating City of Clearwater Civil Service Rules and Regulations, Rule 14, Section 1, paragraph (b), and the punishment of five days' suspension is an authorized punishment for this offense. It is

RECOMMENDED that the five days' suspension awarded to Raymond W. Parke be approved and this appeal dismissed.

ENTERED this 18th day of December, 1984, at Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904)488-9675

FILED with the Clerk of the Division of Administrative Hearings this 18th day of December, 1984.

COPIES FURNISHED:

Frank X. Kowalski, Jr., Esquire Chief Assistant City Attorney Post Office Box 4748

Docket for Case No: 84-003305

Orders for Case No: 84-003305