Judges: J. D. PARRISH
Agency: Office of the Governor
Latest Update: Nov. 13, 1987
Summary: The central issue in this case is whether Petitioner abandoned his position and thereby resigned his career service at the Broward Regional Juvenile Detention Center.Petitioner abandoned his position and resigned carrer service when he failed to report to work for 3 consecutive days. Absence was unapproved by Superintendent.
87-3405STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
OSCAR T. BROWN, )
)
Petitioner, )
)
vs. ) CASE NO. 87-3405
)
DEPARTMENT OF HEALTH AND )
REHABILITATIVE SERVICES, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, a final hearing in the above-styled matter was held on September 23, 1987, at Fort Lauderdale, Florida, before Joyous Parrish, a duly designated Hearing Officer of the Division of Administrative Hearings. The parties were represented at the hearing as follows:
APPEARANCES
For Petitioner: Harvey Swickle, Esquire
1031 North Miami Beach Boulevard North Miami Beach, Florida 33162
For Respondent: Larry Kranert, Esquire
District Legal Counsel
201 West Broward Boulevard
Fort Lauderdale, Florida 33301 BACKGROUND AND PROCEDURAL MATTERS
On July 7, 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 July 8, 1987, Petitioner responded to the Notice and the case was forwarded to the Division of Administrative Hearings for formal proceedings.
Petitioner presented testimony from Ron Fryer and Willie West. Petitioner also testified in his own behalf. Petitioner's Exhibits 1 and 2 were admitted into evidence. Respondent adopted the testimony of all witnesses and presented Respondent's Exhibits 1 and 2 which were admitted into evidence.
A transcript of the proceedings was filed, however 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 the Broward Regional Juvenile Detention Center.
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:
Oscar T. Brown was a career service employee at the Broward Regional Juvenile Detention Center. Mr. Brown was a DCWI and was assigned to the C- shift.
On May 4, 1987, Petitioner requested annual leave for the period from June 30, 1987, through July 8, 1987. The purpose of this request was to afford Petitioner with time off. Petitioner's immediate supervisor, Margaret Ann Wilks, approved the leave request. However, the assistant superintendent, Ron Fryer, disapproved the leave request.
Petitioner was notified that the leave had been disapproved prior to June 26, 1987.
On June 26, 1987, Ms. Wilks asked Mr. Fryer to reconsider his decision to disapprove Petitioner's leave request.
Mr. Fryer did not approve the leave request and did not advise Ms. Wilks that the leave could be taken.
Petitioner elected to take leave solely on the approval offered by Ms. Wilks.
Petitioner did not report to work, as scheduled, for the period he had requested leave. Petitioner did not call in during the time he had requested leave.
Neither a DCS III or DCS I approved Petitioner's leave request. Such approval is required prior to annual leave being taken.
The Broward Regional Juvenile Detention Center houses minors in a totally supervised environment including lockups and hourly review of detainees' security. During the period Petitioner requested leave, the facility held from
140 to 180 minors. Mr. Fryer denied Petitioner's leave request because the facility was overcrowded and due to manpower and staffing problems.
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 his immediate supervisor had approved the leave request, it was approved despite the denial from the facilities superintendent. It was apparent Petitioner did not intend to work the days in question and would have pursued any alternative to allow him to take the time off. There is no evidence to suggest that normal
procedures were not followed. Mr. Fryer did not approve the leave or give any indication to lead Petitioner to the erroneous conclusion his absence would be excused.
RECOMMENDATION
Based on the foregoing Findings of Fact and Conclusions of Law, 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 13th day of November, 1987, in Tallahassee, Florida.
JOYOUS D. PARRISH
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 13th day of November, 1987.
COPIES FURNISHED:
Harvey Swickle, Esquire
1031 North Miami Beach Boulevard North Miami Beach, Florida 33162
Larry Kranert, Esquire District Legal Counsel
201 West Broward Boulevard
Fort Lauderdale, Florida 33301
Sam Power, Agency Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard
Tallahassee, Florida 32399-0700
Gregory L. Coler, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard
Tallahassee, Florida 32399-0700
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
OSCAR T. BROWN, )
)
Petitioner, )
)
vs. ) CASE NO. 87-3405
)
DEPARTMENT OF HEALTH AND )
REHABILITATIVE SERVICES, )
)
Respondent. )
)
CORRECTED RECOMMENDED ORDER
Pursuant to notice, a final hearing in the above-styled matter was held on September 23, 1987, at Fort Lauderdale, Florida, before Joyous Parrish, a duly designated Hearing Officer of the Division of Administrative Hearings. The parties were represented at the hearing as follows:
APPEARANCES
For Petitioner: Harvey Swickle, Esquire
1031 North Miami Beach Boulevard North Miami Beach, Florida 33162
For Respondent: Larry Kranert, Esquire
District Legal Counsel
201 West Broward Boulevard
Fort Lauderdale, Florida 33301 BACKGROUND AND PROCEDURAL MATTERS
On July 7, 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 July 8, 1987, Petitioner responded to the Notice and the case was forwarded to the Division of Administrative Hearings for formal proceedings.
Petitioner presented testimony from Ron Fryer and Willie West. Petitioner also testified in his own behalf. Petitioner's Exhibits 1 and 2 were admitted into evidence. Respondent adopted the testimony of all witnesses and presented Respondent's Exhibits 1 and 2 which were admitted into evidence.
A transcript of the proceedings was filed, however 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 the Broward Regional Juvenile Detention Center.
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:
Oscar T. Brown was a career service employee at the Broward Regional Juvenile Detention Center. Mr. Brown was a DCWI and was assigned to the C- shift.
On May 4, 1987, Petitioner requested annual leave for the period from June 30, 1987, through July 8, 1987. The purpose of this request was to afford Petitioner with time off. Petitioner's immediate supervisor, Margaret Ann Wilks, approved the leave request. However, the assistant superintendent, Ron Fryer, disapproved the leave request.
Petitioner was notified that the leave had been disapproved prior to June 26, 1987.
On June 26, 1987, Ms. Wilks asked Mr. Fryer to reconsider his decision to disapprove Petitioner's leave request.
Mr. Fryer did not approve the leave request and did not advise Ms. Wilks that the leave could be taken.
Petitioner elected to take leave solely on the approval offered by Ms. Wilks.
Petitioner did not report to work, as scheduled, for the period he had requested leave. Petitioner did not call in during the time he had requested leave.
Neither a DCS III or DCS I approved Petitioner's leave request. Such approval is required prior to annual leave being taken.
The Broward Regional Juvenile Detention Center houses minors in a totally supervised environment including lockups and hourly review of detainees' security. During the period Petitioner requested leave, the facility held from
140 to 180 minors. Mr. Fryer denied Petitioner's leave request because the facility was overcrowded and due to manpower and staffing problems.
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 his immediate supervisor had approved the leave request, it was approved despite the denial from the facilities superintendent. It was apparent Petitioner did not intend to work the days in question and would have pursued any alternative to allow him to take the time off. There is no evidence to suggest that normal
procedures were not followed. Mr. Fryer did not approve the leave or give any indication to lead Petitioner to the erroneous conclusion his absence would be excused.
RECOMMENDATION
Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED:
That the Department of Administration enter a Final Order affirming the decision that Petitioner had abandoned his position and thereby resigned from the Career Service.
DONE and RECOMMENDED this 30th day of November, 1987, in Tallahassee, Florida.
JOYOUS D. PARRISH
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 30th day of November, 1987.
COPIES FURNISHED:
Harvey Swickle, Esquire
1031 North Miami Beach Boulevard North Miami Beach, Florida 33162
Larry Kranert, Esquire District Legal Counsel
201 West Broward Boulevard
Fort Lauderdale, Florida 33301
Adis Vila, Secretary Department of Administration
435 Carlton Building Tallahassee, Florida 32399-1550
Augustus D. Aikens, Jr., Department of Administration General Counsel
435 Carlton Building Tallahassee, Florida 32399-1550
Docket for Case No: 87-003405
Orders for Case No: 87-003405
| Issue Date |
Document |
Summary |
|
Feb. 16, 1988 |
Agency Final Order
|
|
|
Nov. 13, 1987 |
Recommended Order
|
Petitioner abandoned his position and resigned carrer service when he failed to report to work for 3 consecutive days. Absence was unapproved by Superintendent.
|
