STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ANGELA B. BURNEY, )

)

Petitioner, )

)

v. ) CASE NO. 88-5722

) DEPARTMENT OF HEALTH AND ) REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in this case on February 7, 1988, in Jacksonville, Florida, before the Division of Administrative Hearings, by its designated Hearing Officer, Diane K. Kiesling.

APPEARANCES

For Petitioner: Angela B. Burney, Pro Se

1585 West 35th Street Jacksonville, Florida 32209

For Respondent: Scott D. Leemis

Assistant District Legal Counsel Department of Health and

Rehabilitative Services Post Office Box 2417

Jacksonville, Florida 32231-0083 ISSUE

The issue is whether the Petitioner, Angela B. Burney (Burney), abandoned her position and thereby effectively resigned from Career Service.

BACKGROUND AND PROCEDURAL MATTERS

Burney presented her own testimony. The Respondent, Department of Health and Rehabilitative Services (HRS), presented the testimony of Terry Owens and had one exhibit admitted in evidence.

The filing of a transcript and proposed findings of fact and conclusions of law was waived by both parties.

FINDINGS OF FACT

1. Burney was employed by HRS until 5:00 p.m. on September 28, 1988, when she was deemed to have abandoned her position. Her regular working hours were 8:00 a.m. to 5:00 p.m., Monday through Friday.

2. Burney was not at work on September 26, 1988. She maintains that she had someone call in for her to inform HRS that she would not be in that day. Burney does acknowledge that her supervisor, Sherry Martin, told the caller that she could not approve leave for that day.

   
   

3. Burney did not report for work on September 27, 1988. Burney called her office and spoke with another clerk, not with her supervisor. Her supervisor was unavailable and the clerk did not have the authority to approve leave.

   
   

4. Burney again failed to report for work on September 28, 1988. She called in and spoke with Mrs. McClenton, another supervisor. Burney informed Mrs. McClenton that she had a drug problem which was why she had not been at work. Burney asked her where she could get some help for her problem. Burney was told that her supervisor could not help her and that she would have to get help on her own.

   
   

5. On October 4, 1988, HRS sent Burney a certified letter advising her that her absence from work on September 26-28, 1988, was not authorized and that she was deemed to have abandoned her position and to have therefore resigned from Career Service, effective 5:00 p.m. September 28, 1988.

   
   

6. On October 7, 1988, Burney returned to her office seeking her paycheck. She was told by the personnel office that leave was not approved for that period and that she was no longer employed there.

   
   

7. Burney did not report for work on any day between September 26 and October 7, 1988. She had not requested leave on a leave request form and no leave was authorized by her supervisor for this period. Burney knew that she was not on approved leave and had been told that her supervisor would not approve leave for that period.

   
   

8. Leave is only authorized when it is requested on an appropriate leave request form and is approved by a supervisor.

   
   

9. Rule 22A-7.010(2), Florida Administrative Code, provides:

   
   

   1. An employee who is absent without authorized leave of absence for 3 consecutive workdays shall be deemed to have abandoned the position and to have resigned from the Career Service...

      
      

      CONCLUSIONS OF LAW

      
      

10. The Division of Administrative Hearings has jurisdiction of the parties to and subject matter of these proceedings. Section 120.57(1), Florida Statutes.

    
    

11. The uncontroverted evidence is that Burney was absent from her work place for 3 consecutive workdays and that this absence was not an authorized leave of absence. The appropriate notice of her abandonment and resulting resignation from Career Service was provided to Burney and she availed herself of the opportunity for a hearing as evidenced by this proceeding.

    
    

12. The circumstances shown constitute abandonment and the abandonment is properly deemed to be a resignation from Career Service.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Administration enter a Final Order and

therein find that Angela B. Burney has abandoned her position, deem that Angela

B. Burney has effectively resigned from Career Service, and dismiss the petition for review.

DONE and ENTERED this 20th day of February, 1988, in Tallahassee, Florida.

DIANE K. KIESLING

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 20th day of February, 1988.

COPIES FURNISHED:

Adis Vila, Secretary Department of Administration

435 Carlton Building Tallahassee, Florida 32399-1550

Augustus D. Aikens, Jr. General Counsel

Department of Administration

435 Carlton Building Tallahassee, Florida 32399-1550

Angela B. Burney

1585 West 35th Street Jacksonville, Florida 32209

Scott D. Leemis

Assistant District Legal Counsel

Department of Health and Rehabilitative Services Post Office Box 2417

Jacksonville, Florida 32231-0083

Docket for Case No: 88-005722

Orders for Case No: 88-005722