STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EVERETT S. RICE, Sheriff of ) Pinellas County, Florida, )

)

Petitioner, )

)

vs. ) Case No. 97-5737

)

JILL A. SCHNEDLER, )

)

Respondent. )

)

RECOMMENDED ORDER OF DISMISSAL

THIS CAUSE came on for consideration of Petitioner's Motion for Summary Final Order (Motion) filed pursuant to Rule 60Q- 2.030, Florida Administrative Code. In the Motion, Petitioner asserts that there is currently no disputed issue of material fact. After the Motion was filed, the final hearing scheduled for March 26, 1998, was canceled and an Order to Show Cause was issued. In the Order to Show Cause, entered March 13, 1998, Respondent was required to show cause in writing, within fifteen days, why a recommended order of dismissal should not be entered. The Order stated that failure to respond "shall be deemed waiver of further administrative proceedings."

Respondent did not respond to the Order to Show Cause or to Petitioner's Motion for Summary Order.

Based on a review of the entire record in this cause, it is found that:

1. Respondent is a classified employee of the Pinellas County Sheriff's Office where she works as a radio operator.

2. On September 13, 1997, Respondent "willingly and wantonly" disobeyed a lawful order to read and sign a counseling form.

3. After Respondent refused to sign the counseling form, the matter was investigated by the Pinellas County Sheriff's Office and a determination was made that Respondent violated Rule C-1,V, A, (023) of the Pinellas County Sheriff's Office, relating to insubordination. It was further determined that this action constituted conduct proscribed by Pinellas County Sheriff's Office Civil Service Act, Chapter 89-404, Laws of Florida, as amended by Chapter 90-395, Laws of Florida, in that it violated rules of the Pinellas County Sheriff's Office and was conduct unbecoming a public servant.

4. The rule which Respondent violated is a Level Five Violation and, based on the prescribed point system resulted in a cumulative point total of fifty (50). The discipline range for this point total is from a five-day suspension to termination.

5. Respondent received the minimum penalty of a five-day suspension for the violation. This penalty is consistent with the progressive discipline procedures required by the policies of the Pinellas County Sheriff's Office.

6. Respondent challenged the suspension and timely requested a review by the Civil Service Board. In the request, Respondent did not dispute the allegations related to the specified violations.

7. On October 8, 1997, as part of the Sheriff's Office investigation, Respondent gave a sworn statement. In her sworn statement, Respondent admitted that she had an obligation to sign the counseling form and was told to sign the form. Nonetheless, Respondent acknowledged in the sworn statement that she refused to sign the counseling form.

8. Here Respondent has admitted that she is guilty of the conduct alleged. Moreover, the penalty imposed by Petitioner is not only within the prescribed range, but the minimum penalty that can be imposed for such a violation. Given Respondent's admission and the imposition of a penalty that is within the range for such a violation, there is no genuine issue as to any material fact.

Based upon the foregoing, including the Respondent's failure to respond to Petitioner's Motion for Summary Order and to the Order to Show Cause, it is

ORDERED that the file of the Division of Administrative Hearings is CLOSED, and

RECOMMENDED that the Pinellas County Sheriff's Office Civil Service Board enter a final order dismissing the Respondent's appeal and upholding her five-day suspension.

DONE AND ENTERED this 28th day of May, 1998, in Tallahassee, Leon County, Florida.

CAROLYN S. HOLIFIELD

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 28th day of May, 1998.

COPIES FURNISHED:

B. Norris Rickey Assistant County Attorney

Pinellas County Attorney’s Office

315 Court Street Clearwater, Florida 34616

Jill Schnedler

1025 Philippe Parkway Post Office Box 752

Safety Harbor, Florida 34695

Willaim Repper, Chairperson Pinellas County Sheriff's

Civil Service Board Post Office Box 539

Clearwater, Florida 34617

Leonard J. Diezen, III, Esquire Powers, Quaschnick, Tischler & Evans Post Office Box 12186

Tallahassee, Florida 32317-2186

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of 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: 97-005737

Orders for Case No: 97-005737