STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CITY OF CLEARWATER, )

)

Petitioner, )

)

vs. ) CASE NO. 92-2112

)

SAMMIE RAYNER, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings by its duly designated Hearing Officer, K. N. Ayers, held a formal hearing in the above- styled case on June 30, 1992, at Clearwater, Florida.

APPEARANCES

For Petitioner: Miles A. Lance, Esquire

Post Office Box 4748 Clearwater, Florida 33610-4748

For Respondent: Sammie Rayner, pro se

2159 Nursery Road

Apt. 234

Clearwater, Florida 34624 STATEMENT OF THE ISSUES

Whether Sammie Rayner left work on or about February 11, 1992, without permission and, if so, what is the appropriate penalty.

PRELIMINARY STATEMENT

By Notice Of Suspension dated March 3, 1992, the Clearwater City Manager suspended Sammie Rayner, Respondent, an employee of the City of Clearwater, for two working days. As grounds therefor, it is alleged that on or about February 11, 1992, Respondent left work without permission. Respondent requested a formal hearing to contest this suspension, and these proceedings followed.

At the hearing, Petitioner called four witnesses, Respondent testified in her own behalf and two exhibits were admitted into evidence. At the expiration of the hearing, the parties waived the right to submit proposed recommended orders. Having fully considered the evidence presented, I submit the following.

FINDINGS OF FACT

1. At all times relevant hereto, Sammie Rayner, Respondent, was employed by the City of Clearwater as a customer service representative in the utility department.

2. On February 11, 1992, Respondent needed to take her daughter to Seminole High School for a test and mentioned this to Joyce Griesel, Senior Customer Service Representative.

   
   

3. The only city employees in the customer service section with authority to grant Respondent permission to leave the building on February 11, 1992, were John Scott, Utility Consumer Response Manager and Tim Bissonnette, Customer Service Supervisor. On the afternoon of February 11, 1992, Bissonnette was out of the office attending a conference; however, Scott was available. Bissonnette was Respondent's immediate supervisor, and Scott was over Bissonnette.

   
   

4. Prior to October 1991, the Senior Customer Service Representative had authority to allow customer service representatives to leave the building for short periods. However, because of an incident in October 1991, this authority was removed from the Senior Customer Service Representative, and all employees were advised of the changed policy.

   
   

5. Although Respondent denies that she was told that only Scott and Bissonnette could grant permission to leave the building, she did ask if Bissonnette was available before she departed the office around 3 p.m., on February 11, 1992.

   
   

6. Respondent also contends that she asked Giesel for permission to leave, but Giesel denies that she gave such authorization, knowing full well that she had no such authority. Respondent was not given permission to leave the building on February 11 by Giesel.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings. City of Clearwater guidelines for Disciplinary Actions, effective November 27, 1989, makes leaving assigned work area during working hours without permission a Level 3 offense punishable by 1 to 4 days suspension for a first offense. In addition, for commission of a Level 3 offense, the employee is awarded 20 disciplinary points.

   
   

8. Although Respondent has previously received no disciplinary points, she had previously received a letter of reprimand for unauthorized absence and had been cautioned several times for tardiness.

   
   

9. The evidence is clear and convincing that Respondent left her work area without permission from anyone with authority to grant such permission. The punishment of suspension for two days is within the guidelines for disciplinary action and is appropriate for this offense. Accordingly, it is

RECOMMENDED that the suspension of Sammie Rayner for two days be sustained and her appeal dismissed.

DONE and ORDERED this 17th day of July, 1992, in Tallahassee, Florida.

COPIES FURNISHED:

Miles A. Lance Assistant City Attorney City of Clearwater

Post Office Box 4748

K. N. AYERS Hearing Officer Division of Administrative Hearings The Desoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings

Hearings

this 17th day of July, 1992.

Clearwater, Florida 34618-4748

Clerk's Office City of Clearwater

Post Office Box 4748 Clearwater, Florida 34618-4748

Sammie Rayner 2159 Nursery Road

Apartment 234

Clearwater, Florida 34624

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 92-002112

Orders for Case No: 92-002112