STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FRED D. WALLACE, )

)

Petitioner, )

)

vs. ) Case No. 86-3012

)

FLORIDA DEPARTMENT OF ) AGRICULTURE and CONSUMER SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for final hearing in Tallahassee, Florida, before Robert T. Benton, II, Hearing Officer of the Division of Administrative Hearings, on October 14, 1986.

Petitioner appeared pro se.

The respondent appeared through counsel:

Frank A. Graham, Jr., Esquire Resident Counsel

Room 512, Mayo Building Tallahassee, Florida 32399-0800

Formal administrative proceedings began with the filing of a petition for relief, which the Florida Commission on Human Relations transmitted to the Division of Administrative Hearings, where it was received on August 14, 1986. The petition alleges that respondent violated the Human Rights Act of 1977 in that

DOMESTIC STRIFE AND UNREST BECAUSE I'M BLACK.

CONTINUAL VERBAL HARASSMENT AND DEGRADING COMMENTS IN FRONT OF ESTABLISHMENT EMPLOYEES, AT WORK SITES.

Under other headings on the form petition, the pleader alleged that "THERE WAS NO FALSIFICATION OF RECORDS ON PERSONNEL TIME AND ATTENDANCE . . ." and

THE DISCOVERY THAT SUPERVISOR WAS NOT CONSISTENT WHEN SETTING STANDARDS FOR INSPECTORS AND PLANT MANAGEMENT.

At hearing, petitioner specified that as relief he was seeking to be paid

$25,000.

FINDINGS OF FACT

1. In February of 1983, petitioner Fred D. Wallace began working for respondent as a meat inspector.

   
   

2. Although other meat inspectors were assigned to federal facilities for training, he never was. Petitioner feels he was not sent for training because he was black and that his having a bachelor's degree in agriculture had nothing to do with it. He also testified that unfavorable evaluations were attributable to his being black.

   
   

3. Except for petitioner's race, the evidence did not establish the race of respondent's employees.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

5. The evidence petitioner adduced does not establish a prima facie case of violation of the Human Rights Act of 1977, Section 760.01 through 760.10, Florida Statutes (1985). The evidence did not establish the allegations pleaded in the petition, even assuming the sufficiency of the petition.

It is accordingly, RECOMMENDED:

That the Florida Commission on Human Relations enter a final order dismissing the petition for relief.

DONE AND ENTERED this 8th day of December 1986, in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

FILED with the Clerk of the Division of Administrative Hearings this 8th day of December 1986.

COPIES FURNISHED:

Frank A. Graham, Jr., Esquire Resident Counsel

Room 512, Mayo Building Tallahassee, Florida 32399-0800

Fred Wallace

800 Golf View Drive Tallahassee, Florida 32301

Carl Dierking, Chief

Personnel Management and Employment Relations

Mayo Building, Room 306 Tallahassee, Florida 32301

Docket for Case No: 86-003012

Orders for Case No: 86-003012