STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARY ANN HUNTER, )

)

Petitioner, )

)

v. ) CASE NO. 87-0968

) BANK OF SOUTH PALM BEACHES, )

)

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 June 11, 1987, in West Palm Beach, Florida. The hearing was reported, but a transcript was not ordered, and no proposed findings of fact and conclusions of law will be submitted.

APPEARANCES

For Petitioner: Arlyne G. Warshall, Esquire

415 Fifth Street

West Palm Beach, Florida 33401 (Special Appearance)

For Respondent: Margaret L. Cooper, Esquire

Post Office Drawer E

West Palm Beach, Florida 33402

By Petition for Relief filed with the Florida Commission on Human Relations on February 27, 1987, the Petitioner alleged that the Respondent violated the Human Rights Act of 1977, as amended, by discharging her from employment because of her race (black) and because of her marriage to a non-black (white) man. The matter was referred to this Division for an administrative hearing on March 4, 1987. By Notice of Hearing issued on April 10, 1987, the matter was scheduled to be heard on June 11, 1987, in West Palm Beach, Florida.

At the time and place of the hearing, Counsel for the Petitioner made a special appearance for the purpose of making an oral motion to dismiss, contending that the Commission on Human Relations lost jurisdiction of this proceeding when law suits were filed alleging the same matters as are in dispute here, and that thus the Division of Administrative Hearings has no jurisdiction to proceed further in this matter. When this motion was denied, counsel for the Petitioner declined to present any proof in support of the Petition for Relief, also declined to take a voluntary dismissal, and exited the hearing room.

Thereupon, the hearing proceeded to the presentation of evidence. The issue is whether the Respondent committed an unlawful employment practice as alleged in the Petition for Relief filed on February 27, 1987.

FINDINGS OF FACT

1. At the final hearing in this case on June 11, 1987, counsel for the Petitioner, Mary Ann Hunter, made a special appearance but did not present any evidence in support of her contention that the Respondent, Bank of South Palm Beaches, unlawfully terminated her employment for racial reasons, in violation of the Human Rights Act of 1977, as amended.

   
   

2. Counsel for the Respondent was present with witnesses, and was prepared to proceed as the Respondent's interests might require.

   
   

3. Without any evidence in support of the Petition for Relief, the allegations therein have not been substantiated. Accordingly, the Petition for Relief must be dismissed.

   
   

   CONCLUSIONS OF LAW

   
   

4. 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.

   
   

5. Section 760.10(12), Florida Statutes, authorizes the filing of a civil action against an employer when the Florida Commission on Human Relations fails to take final action on a complaint under Section 760, Florida Statutes, within

   180 days of the filing of a petition. The commencement of such action divests the Commission of jurisdiction on the complaint. In this case, however, the prerequisite to the authorization to file a civil suit has not been established because 180 days have not expired since February 27, 1987, when the Petition for Relief was filed by the Petitioner. Additionally, the notice of filing of civil action presented by counsel for the Petitioner does not have attached either certified or authenticated copies of the complaint, or any official certification that a civil action has been initiated. Accordingly, the Petitioner has not made a showing that the statutory prerequisite has been met so that the filing of a civil suit is authorized, and jurisdiction in the Commission on Human Relations has not been divested.

   
   

6. The Petitioner's failure `to present any evidence to support the allegations in her Petition for Relief precludes any findings or conclusions that the Respondent has committed any unlawful employment practices, or that the Respondent has violated any of the provisions of Chapter 760, Florida Statutes, as amended.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petition of Mary Ann Hunter be dismissed.

This Recommended Order entered on this 15th day of June, 1987, in Tallahassee, Florida.

WILLIAM B. THOMAS

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 15th day of June, 1987.

COPIES FURNISHED:

Margaret L. Cooper, Esquire Post Office Drawer E

West Palm Beach, Florida 33402

Arlyne G. Warshall, Esquire

415 - Fifth Street

West Palm Beach, Florida 33401

Donald A. Griffin, Executive Director Florida Commission on Human Relations

325 John Knox Road, Bldg. F, Suite 240 Tallahassee, Florida 32399-1925

Regina McGriff, Clerk Human Relations Commission

325 John Knox Road, Bldg. F, Suite 240 Tallahassee, Florida 32399-1925

Docket for Case No: 87-000968

Orders for Case No: 87-000968