Judges: J. D. PARRISH
Agency: Office of the Governor
Latest Update: Oct. 08, 1987
Summary: The central issue in this case is whether Petitioner abandoned his position and thereby resigned his career service at South Florida State Hospital FINDINGS OF FACT Based upon the testimony of the witnesses and the documentary evidence received at the hearing, I make the following findings of fact:Petitioner abandoned his position and resigned career service when he failed to report to work for 3 consecutive days. Absence was unapproved by supervisor.
87-1959STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
MARK JENKINS, )
)
Petitioner, )
)
vs. ) CASE NO. 87-1959
) DEPARTMENT OF HEALTH AND ) REHABILITATIVE SERVICES, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, a final hearing in the above-styled matter was held on September 9, 1987, at Miami, Florida, before Joyous Parrish, a duly designated Hearing Officer of the Division of Administrative Hearings. The parties were represented at the hearing as follows:
For Petitioner: Mark Jenkins
12401 Northwest 27th Avenue Apartment G-225
Miami, Florida 33167
For Respondent: Marc J. Gold, Esquire
Courthouse Law Plaza
750 Southeast Third Avenue, Suite 300 Fort Lauderdale, Florida 33316
BACKGROUND AND PROCEDURAL MATTERS
On March 30, 1987, Petitioner was given notice that because he was absent without authorized leave for three consecutive work days he was deemed to have abandoned his position and resigned from career service. On April 17, 1987, Petitioner responded to the Notice and the case was forwarded to the Division of Administrative Hearings for formal proceedings. Petitioner testified in his own behalf and Petitioner's Exhibits 1 and 2 were admitted into evidence.
Respondent offered the testimony of Richard Duncan and Barbara Nickels together with Respondent's Exhibits 1 and 2 which were admitted into evidence.
No transcript of the proceedings was made and neither party filed a Proposed Recommended Order.
ISSUE
The central issue in this case is whether Petitioner abandoned his position and thereby resigned his career service at South Florida State Hospital
FINDINGS OF FACT
Based upon the testimony of the witnesses and the documentary evidence received at the hearing, I make the following findings of fact:
Mark Jenkins was a career service employee at South Florida State Hospital assigned to the living and learning unit commonly known as the Polk ward. Mr. Jenkins' responsibilities as a UTR-Specialist included the day-to-day management of mentally ill or retarded clients who were unmedicated and considered aggressive. Employees in this unit attempted to train the clients to eat, bathe, and function with some independence.
On January 25, 1987, Petitioner requested annual leave for the period from March 17, 1987, through April 4, 1987. The purpose of this request was to allow Petitioner adequate time to participate in his school's annual chorale tour. Petitioner was a scholarship soloist with the chorale and, as such, he was required to make the tour.
Petitioner was a full-time college student pursuing a B.S. in psychology. In the past, Petitioner's requests for leave to accommodate his school schedule had been granted. However, for the request made January 25, 1987, no formal response was given.
On January 12, 1987, Petitioner was notified that conflicts between school requirements and job responsibilities would have to be resolved. Petitioner was advised that he would not be allowed to take leave time for singing activities unless the hospital were assured of adequate unit coverage. Petitioner had received twenty-five leave days for the period March 7, 1986, through March 30, 1987, which was considered excessive by the personnel director, Barbara Nickels.
Richard Duncan was the schedule coordinator for the Polk ward. It was his responsibility to review the leave requests and to determine whether or not leave could be approved. Duncan determined there was inadequate unit coverage to allow Petitioner to take the leave requested. Duncan did not notify Petitioner that the leave was not approved. It was Duncan's practice to approve leave in writing. He would prepare the unit schedule, in advance, to reflect an approval. Petitioner did not receive an approval and the unit schedule did not reflect Petitioner's leave request had been granted.
Petitioner did not report to work, as scheduled, for the period he had requested leave. Petitioner did not call in during that time as he was on tour with the school chorale.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of these proceedings.
Rule 22A-7.010(2)(a), 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.
In the case at issue, Petitioner admitted he was not at work during the time for which he had requested leave. Petitioner's attitude was that since he was not notified the leave request was denied that, in effect, "no news was good
news." It was apparent Petitioner did not intend to work the days in question and would have pursued any alternative to allow him to make the concert tour. While it would have been a better practice to advise Petitioner of the leave denial prior to the tour, there is no evidence to suggest that normal procedures were not followed. Mr. Duncan did not approve the leave or give any indication in the schedule to lead Petitioner to the erroneous conclusion his absence would be excused.
Based on the foregoing, it is RECOMMENDED:
That the Department of Health and Rehabilitative Services enter a Final Order affirming the decision that Petitioner had abandoned his position and thereby resigned from the Career Service.
DONE AND RECOMMENDED this 8th day of October, 1987, in Tallahassee, Leon County, Florida.
JOYOUS D. PARRISH
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 October, 1987.
COPIES FURNISHED:
Mark Jenkins
12401 Northwest 27th Avenue Apartment G-225
Miami, Florida 33167
Marc J. Gold, Esquire Courthouse Law Plaza Suite 300
750 Southeast Third Avenue Fort Lauderdale, Florida 33316
Gregory L. Coler, Secretary Department of Health and
Rehabilitative Services 1323 Winewood Boulevard
Tallahassee, Florida 32399-0700
R. S. Power, Esquire Agency Clerk
Department of Health and Rehabilitative Services
1323 Winewood Boulevard Building One, Room 407 Tallahassee, Florida 32399-0700
John Miller, Esquire Acting General Counsel Department of Health and
Rehabilitative Services 1323 Winewood Boulevard Building One, Room 407
Tallahassee, Florida 32399-0700
Docket for Case No: 87-001959
Orders for Case No: 87-001959
| Issue Date |
Document |
Summary |
|
Nov. 19, 1987 |
Agency Final Order
|
|
|
Oct. 08, 1987 |
Recommended Order
|
Petitioner abandoned his position and resigned career service when he failed to report to work for 3 consecutive days. Absence was unapproved by supervisor.
|
