STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHRISTOPHER D. STOKES, )

)

Petitioner, )

)

vs. ) Case No. 01-1257

) DEPARTMENT OF JUVENILE JUSTICE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held on October 11, 2001, in Marianna, Florida, by Stephen F. Dean, Administrative Law Judge of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Christopher D. Stokes, pro se

1215 Shores Road

Alford, Florida 32420

For Respondent: Richard D. Davison, Esquire

Department of Juvenile Justice 2737 Centerview Drive, Suite 312

Tallahassee, Florida 32399-3100 STATEMENT OF THE ISSUE

Whether the Department of Juvenile Justice overpaid Christopher Stokes for pay periods ending May 25, 2000, for 34.5 hours amounting to $274.91; June 8, 2000, for 9.25 hours amounting to $73.81; and June 30, 2000, for 8.0 hours amounting to $63.71.

PRELIMINARY STATEMENT

The Department notified Petitioner that it had overpaid him as the result of his failure to properly transfer leave credits to his sick leave account, and that it was seeking repayment of wages paid to him for the disallowed sick leave.

Petitioner, Christopher D. Stokes, filed a request with Respondent for a hearing. Petitioner is contesting the Department of Juvenile Justice's (Department) determination that he was overpaid on his June 2, 2000, June 16, 2000, and June 30, 2000, pay warrants. On March 30, 2001, the Division of Administrative Hearings issued an Initial Order and assigned Judge Stephen F. Dean. On April 16, 2001, Judge Dean scheduled a final hearing in this matter for June 6, 2000, in Marianna, Florida; however, this hearing was rescheduled to October 11, 2001, because of a medical emergency in the family of counsel for the Department.

A hearing was held on October 11, 2001, pursuant to notice, and testimony and evidence was received. Respondent called one witness, Joseph Kennedy, Senior Management Analyst II for the Department. Respondent's Exhibits numbered 1 through 8 were admitted into evidence. Petitioner testified but did not present any exhibits.

Both parties submitted post-hearings that were read and considered. No transcript was received.

FINDINGS OF FACT

1. Petitioner, Christopher Stokes, was employed by the Department of Juvenile Justice (Respondent) as a painter at the Dozier School for Boys in Marianna during the period at issue, May 12, 2000, through June 30, 2000. Petitioner continues to be employed by Respondent in the same capacity.

2. Respondent's Policy and Procedure 3.26 (FDJJ 3.26), which is available in hard copy at the workplace and via the internet, delineates the agency's Sick Leave Transfer Policy.1

3. FDJJ 3.26 is based upon the requirements and provisions of Rule 60L-5.030(3), Florida Administrative Code.

4. FDJJ 3.26, Procedure A provides that in order to donate sick leave, the donor must complete the Interagency Sick Leave Transfer (Request to Donate) form and submit it to the Bureau of Personnel.

5. FDJJ 3.26, Procedure B provides that in order to receive donated sick leave, the employee must complete the Interagency Sick Leave Transfer (Request to Use) form and submit it to the Bureau of Personnel.2 The Department of Juvenile Justice is a centralized agency and the Bureau of Personnel is located in Tallahassee.

6. A request to donate or to use donated sick leave may be made directly to the Bureau of Personnel via U.S. Mail, courier, or fax.

7. FDJJ 3.26, Procedure C provides that sick leave credits donated to the receiving employee shall be credited on the last day of the pay period.

8. Transferred leave must be processed by the last day of the pay period in order to be credited to the employee. This includes checking to see if the donor has leave to transfer and is permitted to transfer it by the donor's employer. The Department of Juvenile Justice has 26 pay periods per year.

9. Requests to donate leave to use donated sick leave that are timely submitted to the Department of Juvenile Justice, Bureau of Personnel, located in Tallahassee, will be accepted by the Department of Juvenile Justice even when the request may be incomplete or incorrectly submitted.

10. Requests to donate leave or to use donated sick leave will be processed by the Department when the error or delay is attributable to the Bureau of Personnel.

11. During the pay period ending May 25, 2000, Petitioner had a medical emergency requiring him to miss several days of work during that period and those that followed.

12. Lynn R. Price, a Department of Children and Families employee, completed a request to donate 25.5 hours of sick leave to Christopher Stokes on May 24, 2000.

13. Christopher Stokes submitted the Lynn Price Request to Donate Sick Leave Hours to the personnel office at Dozier School on May 25, 2000, the last day of the pay period.

14. The Department of Children and Family Services, donator's agency, approved the donation of the leave on June 29, 2000, seven days after the last day of the three pay periods in question.

15. The leave donated by Lynn Price was "not approved per criteria" by the Department of Juvenile Justice on September 12, 2000. This leave could not be credited to the employee's leave account for the next pay period.

16. Earma J. Hendrix, Department of Children and Family Services employee, completed a request to donate 8 hours of sick leave to Christopher Stokes on June 8, 2000, the last day of the period.

17. The Department of Children and Family Services, Donator's Agency, approved the donation of the leave on June 9, 2000, the day after the last of the second pay period at issue.

18. The leave donated by Earma Hendrix was "not approved per criteria" by the Department of Juvenile Justice on September 11, 2000. This leave could not be credited to the employee's leave account for the next pay period.

19. The Department of Juvenile Justice paid Christopher Stokes for 34.5 hours of donated sick leave during the pay period of May 12 through May 24, 2000.

20. Because the attempt to donate sick leave by Earma Hendrix during that pay period was not approved as untimely submitted, Mr. Stokes should not have been paid for the 34.5 hours of donated sick leave, totaling $274.91, on the June 2, 2000, warrant.

21. The Department of Juvenile Justice paid Christopher Stokes for 9.25 hours of donated sick leave during the pay period of May 26 through June 8, 2000.

22. Because the attempt to donate sick leave by Earma Hendrix and Lynn Price was not approved as untimely submitted, Mr. Stokes should not have been paid for the 9.25 hours donated sick leave hours of donated sick leave, totaling $73.81, on the June 16, 2000, warrant.

23. DJJ paid Christopher Stokes for 8 hours of donated sick leave during the pay period of June 9 through June 22, 2000.

24. Because the attempt to donate sick leave by Earma Hendrix and Lynn Price was not approved as untimely submitted, Mr. Stokes should not have been paid for the 8 hours of donated sick leave, totaling $63.71, on the June 30, 2000, warrant.

    CONCLUSIONS OF LAW

    
    

25. The Division of Administrative Hearings has jurisdiction over the parties to and subject matter of the above-styled cause. Section 120.57(1), Florida Statutes.

26. Section 17.05, Florida Statutes, and Rule A- 31.309(a)(D), Florida Administrative Code, provide that the agency and the employee share equal responsibility for detecting and reporting salary overpayments.

27. The DJJ appropriately denied the donation of the leave to Christopher Stokes by Lynn Price and Earma Hendrix because the requests to use donated sick leave were not timely submitted to the DJJ "Bureau of Personnel."

28. In accordance with FDJJ 3.26, the responsibility for submitting requests to use donated sick leave to the Bureau of Personnel rests with the employee.

29. In a proceeding involving the question of whether there was a salary overpayment, the role of the Administrative Law Judge is to determine whether the agency action was clearly erroneous or arbitrary of capricious. Section 120.57(3)(f), Florida Statutes.

30. The Petitioner failed to demonstrate that the DJJ acted in a manner that is clearly erroneous or arbitrary or capricious.

31. The Petitioner is requesting a remedy that is not supported by the facts or the law.3

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, it is

RECOMMENDED:

That the Department enter a final order upholding the Agency's determination of a salary overpayment.

DONE AND ENTERED this 8th day of November, 2001, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN

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 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 8th day of November, 2001.

ENDNOTES

1/ However, these complex rules are not well understood by the employees or the personnel specialists at the Dozier School.

2/ The donor's form and the employee's form must be sent to Tallahassee to the central personnel office to be processed by the end of the pay period.

3/ While the decision of the agency is in conformity to its rules, the effect of the rules together with the Department's 26

pay periods per year make it almost impossible for people to obtain credit for donated leave in a medical emergency. This is particularly so if the Department will not credit the leave until donor's employer approves the transfer. The intent of the statute was to permit the employees who were in need because of illness to benefit from donated leave. The program is not intended to be a paper shuffling obstacle course involving multiple agencies into which it has devolved.

COPIES FURNISHED:

Christopher D. Stokes 1215 Shores Road

Alford, Florida 32420

Richard D. Davison, Esquire Department of Juvenile Justice 2737 Centerview Drive, Suite 312

Tallahassee, Florida 32399-3100

William G. Bankhead, Secretary Department of Juvenile Justice Knight Building

2737 Centerview Drive

Tallahassee, Florida 32399-3100

Robert N. Sechen, General Counsel Department of Juvenile Justice Knight Building

2737 Centerview Drive

Tallahassee, Florida 32399-3100

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: 01-001257

Orders for Case No: 01-001257