Judges: WILLIAM B. THOMAS
Agency: Office of the Governor
Latest Update: Dec. 09, 1986
Summary: Resp. abandoned his position as a correctional officer by failing to appear at work for 6 consecutive days without authorized leave.
86-2063.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF CORRECTIONS, )
)
Petitioner, )
)
vs. ) CASE NO. 86-2063
)
LESTER BISHOP, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William B. Thomas, held a formal administrative hearing in this case on October 17, 1986 in Starke, Florida. The parties requested 15 days thereafter to submit proposal findings of fact and conclusions of law. These were received, and have been considered. The proposed findings of facts submitted by the Department have been accepted and are incorporated herein. The Respondent's submission does not set forth proposed factual findings in a form that can be responded to individually, but they are generally rejected as being argument instead of actual findings of fact.
APPEARANCES
For Petitioner: Ernest L. Reddick, Esquire
1311 Winewood Boulevard
Tallahassee, Florida 32399-2500
For Respondent: Lester Bishop, in pro per Box 1341
Starke, Florida 32091
On April 2, 1986, the Respondent, Lester Bishop, was notified that he was dismissed from his position as a Correctional Officer at the Union Correctional Institution due to his abandonment of the position for three consecutive work days, in accordance with the Department of Corrections personnel rules. Mr.
Bishop requested a formal administrative hearing under Section 120.57(1), Florida Statutes, to contest his termination from employment.
FINDINGS OF FACT
The Respondent, Lester Bishop, was employed as a Correctional Officer at Union Correctional Institution from March 20, 1981, to April 1, 1986. Union Correctional Institution (UCI) is a facility which houses inmates ranging in custody levels from minimum to close.
In December of 1981, the Respondent was given a copy of the rules of the Department of Corrections. At this time he acknowledged that he was responsible for compliance with these rules.
In late March and early April, 1986, the Respondent was scheduled to work the first shift at UCI beginning at 12:00 midnight and ending at 8:00 a.m.. The supervisor for this shift was either Lieutenant R. L. Weiland or Lieutenant
S. E. Stafford, depending upon the day of the week.
On March 23, 1986, the Respondent called Lieutenant Weiland at Union Correctional Institution at 12:30 a.m., requesting and receiving sick leave for the remainder of this shift.
On March 24, 1986, the Respondent did not report to work, and he did not contact the shift supervisor to request leave. As a result, he was placed on unauthorized leave without pay status for this day.
On March 25, 1986, the Respondent called his supervisor, requesting and receiving eight hours sick leave for this day.
On March 26 and 27, 1986, the Respondent neither called his supervisor nor reported for work. He was given unauthorized leave without pay status for these days.
March 28 and 29, 1986, were the Respondent's regularly scheduled days
off.
From March 30 until April 2, 1986, the Respondent neither called his
supervisor nor reported for work. He was given unauthorized leave without pay status for these days.
On April 2, 1986, the Superintendent of Union Correctional Institution, T. L. Barton, sent the Respondent a letter informing him that he had abandoned his position at Union Correctional Institution, and that he was dismissed.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this case, pursuant to Section 120.57(1), Florida Statutes.
Rule 33-4.002(21), Florida Administrative Code, requires an employee of the Department of Corrections to notify his supervisor if the employee will be unable to report for work due to illness or other reasons. All Department of Corrections employees are required to familiarize themselves with the Department's rules, and to abide by them. Nevertheless, for six consecutive workdays, the Respondent failed to report for work, or to contact his supervisors regarding his absences. An employee who fails to abide by Rule 33- 4.002(21), Florida Administrative Code, is considered to be absent without authorized leave.
Rule 22A-7.010(2) Florida Administrative Code, provides that an employee who is absent without authorized leave for three consecutive workdays shall be deemed to have abandoned the position, and to have resigned from the Career Service. This rule further provides that such an employee does not have the right to appeal to the Career Service Commission, but has the right to appeal under the Administrative Procedure Act, Chapter 120, Florida Statutes.
The Respondent, Lester Bishop, abandoned his position as Correctional Officer at Union Correctional Institution by failing to appear at work on March
26, 27, 30, 31, April 1 and 2, 1986, without authorized leave, and he presented no evidence at the hearing to show that the termination of his employment by the Department of Corrections was either improper or unjustified.
RECOMMENDATION
Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Administration enter a Final Order
terminating the employment of the Respondent, Lester Bishop, from his position
as Correctional Officer at Union Correctional Institution, for abandonment, pursuant to Rule 22A 7.010(2), Florida Administrative Code, effective March 25, 1986.
THIS Recommended Order entered on this 9th day of December, 1986, in Tallahassee, Leon County, Florida.
COPIES FURNISHED:
Gilda H. Lambert Secretary
Department of Administration
435 Carlton Building Tallahassee, Florida 32301
Augustus D. Aikens, Esquire General Counsel
Department of Administration
530 Carlton Building Tallahassee, Florida 32301
Louie L. Wainwright, Secretary
Department of Corrections 1311 Winewood Boulevard
Tallahassee, Florida 32301
Louis A. Vargas General Counsel
Department of Corrections 1311 Winewood Boulevard
Tallahassee, Florida 32301
WILLIAM B. THOMAS
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 9th day of December, 1986.
Ernest A. Reddick, Esquire 1311 Winewood Boulevard
Tallahassee, Florida 32399-2500
Lester Bishop, in pro per Box 1341
Starke, Florida 32091
Docket for Case No: 86-002063
Orders for Case No: 86-002063
| Issue Date |
Document |
Summary |
|
Jan. 06, 1987 |
Agency Final Order
|
|
|
Dec. 09, 1986 |
Recommended Order
|
Resp. abandoned his position as a correctional officer by failing to appear at work for 6 consecutive days without authorized leave.
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