Petitioner: STEPHEN REID
Respondent: DEPARTMENT OF JUVENILE JUSTICE
Judges: LISA SHEARER NELSON
Agency: Department of Juvenile Justice
Locations: Tallahassee, Florida
Filed: May 01, 2008
Status: Closed
Recommended Order on Thursday, February 5, 2009.
Latest Update: May 04, 2009
Summary: The issue to be determined is whether Petitioners' layoffs from employment by the Respondent were lawful and if not, what remedies should be awarded.Respondent did not violate the appropriate rules when laying off Petitioners.
(D¥-Qiel Sa.
STATE OF FLORIDA ,
| DEPARTMENT OF JUVENILE JUSTICE
STEPHEN REID,
)
)
Petitioner, )
; )
v. ) Dad NO.:
) .
DEPARTMENT OF JUVENILE _) DOAH NO.
JUSTICE, )
)
Respondent. )
)
FINAL ORDER
FILED
2008 AP -2 Alt 51 :
DIVISION OF
ADMINISTRATIVE
HEARINGS —
08-0009
: 07-2208 SED
| This matter is now before the undersigned for issuance of
final agency action in regard to the Petitioner’s
claim that his
position was improperly reclassified from Career Service to
Selected Exempt Service.
On October 11, 2007, Administrative Law Judge Claude B.
‘Arrington entered an “Order Closing File” pursuant to the
parties’ “Joint Stipulation and Agreement and Motion to
Relinguish Jurisdiction” (“Joint Stipulation”).
In accordance with the Joint Stipulation. dated October 11,
2007, the Department concludes that the Petitioner’s position
was properly within career service at the time it
was eliminated
on January 4, 2002. Neither the Joint Stipulation nor this
Oxder purports to address or resolve the issue of remedy or
relief.
Based upon the foregoing it is hereby ORDERED:
1. The Joint Stipulation is adopted.
The Petitioner was incorrectly reclassified from Career
2.
Service to Selected Exempt Service..
3. urther proceedings shall be conducted according to the
provisions of the Joint Stipulation:
Notice of Right to Judicial Review
In accordance with the provisions of section 120.68,
Florida Statutes,.a party who is adversely affected by this
Final Order is entitled to judicial ‘review. Review proceedings
are governed by the Florida Rules of Appellate Procedure. Such
proceedings are commenced by filing a notice of appeal with ‘the
Agency Clerk, Office of the General Counsel, 2737 Centerview
Drive, Suite 3200, Tallahassee, Florida 32399-3100, and a copy,
accompanied by filing fees-prescribed by section 35.22, Florida
Statutes, with the District Court of Appeal, First District, -301
Martin Luther King, Jr.,, Boulevard, Tallahassee, Florida 32399-.
1850, or with the District Court of Appeal in the appellate .
district where the party resides. The notice of appeal must be
filed within 30 days of rendition of the order to be reviewed.
Entered this |97 day of Ravi \ ___, 2008, in
Tallahassee, Florida,
BONNIE K. ROGERS, Chief of Staff
Department of Juvenile Justice
¥
Karén Blackburn, Agency Clerk
COPIES FURNISHED:
JOHN RAYMAKER
‘Asst. General Counsel
Dept. of Juvenile Justice
27137 Centerview Dr., Ste.312
Tallahassee, FL 32399-3100
MANNY ANON, JR. ;
AFSCME Florida Council 79
99 N.W. 183° Street, Ste.224
North Miami, FL .33169
CLAUDE B. ARRINGTON
Administrative Law Judge
Division of Administrative Hearings
' 1230 Apalachee Parkway
Tallahassee, FL 32399-3060
MICHAEL MATTIMORE
JASON E. VAIL .
Allen, Norton & Blue, P.A.
906 N. Monroe Street
Tallahassee, FL 32303
Docket for Case No: 08-002161SED
Issue Date |
Proceedings |
May 04, 2009 |
Final Order filed.
|
Feb. 05, 2009 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
Feb. 05, 2009 |
Recommended Order (hearing held December 17, 2008). CASE CLOSED.
|
Jan. 21, 2009 |
Settlement of Attorney`s Fees and Costs Award filed.
|
Jan. 15, 2009 |
Proposed Recommended Order filed.
|
Jan. 15, 2009 |
Petitioner`s Proposed Order filed.
|
Jan. 05, 2009 |
Transcript filed. |
Dec. 17, 2008 |
CASE STATUS: Hearing Held. |
Dec. 16, 2008 |
(Joint) Pre-hearing Stipulation filed.
|
Dec. 12, 2008 |
Unilateral Pre-hearing Stipulation filed.
|
Nov. 12, 2008 |
Order on Pending Motions
.
|
Nov. 12, 2008 |
Order on Pending Motions
.
|
Oct. 22, 2008 |
Memo Opposing Agency Motion for Summary Order and Cross-motion for Summary Order filed.
|
Oct. 21, 2008 |
Motion for Enlargement of Time filed.
|
Oct. 17, 2008 |
Amended Petition for a Section 120.569, 120.57(1), Hearing filed.
|
Oct. 17, 2008 |
Motion for Leave to File Amended Petition for a Section 120.569, 120.57(1), Hearing filed.
|
Oct. 15, 2008 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for December 17, 2008; 9:30 a.m.; Tallahassee, FL).
|
Oct. 14, 2008 |
Unopposed Motion to Continue Hearing filed.
|
Oct. 13, 2008 |
Motion for Summary Order filed.
|
Oct. 07, 2008 |
Notice of Appearance (filed by Lezlie Griffin) filed.
|
Oct. 07, 2008 |
Order Granting Motion for Enlargement of Time to File Prehearing Statement.
|
Oct. 06, 2008 |
Joint Motion for Enlargement of Time to File Prehearing Stipulation filed.
|
Oct. 03, 2008 |
Notice of Taking Deposition (Department of Juvenile Justice) filed.
|
Oct. 02, 2008 |
Notice of Appearance (filed by Kimberly Ward) filed.
|
Sep. 08, 2008 |
Order of Consolidation (DOAH Case No. 08-4189SED was added to the consolidated batch).
|
Aug. 20, 2008 |
Notice of Service of Petitioner`s First Interrogatories to Respondent filed.
|
Aug. 11, 2008 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for October 16, 2008; 9:30 a.m.; Tallahassee, FL).
|
Aug. 11, 2008 |
Order of Consolidation (DOAH Case Nos. 08-2126SED, 08-2161SED and 08-3841SED).
|
Aug. 05, 2008 |
Joint Motion for Consolidation filed.
|
Jul. 16, 2008 |
Petitioner`s First Request for Production of Documents to Respondent filed.
|
Jun. 26, 2008 |
Order Granting Continuance (parties to advise status by July 17, 2008).
|
Jun. 20, 2008 |
Unopposed Motion for Continuance of Hearing filed.
|
Jun. 17, 2008 |
Order of Pre-hearing Instructions.
|
Jun. 17, 2008 |
Notice of Hearing (hearing set for July 17, 2008; 9:30 a.m.; Fort Myers, FL).
|
Jun. 10, 2008 |
Notice of Transfer.
|
May 14, 2008 |
Joint Response to Initial Order filed.
|
May 07, 2008 |
Unopposed Motion for Extension of Time for Filing Response to Initial Order filed.
|
May 01, 2008 |
Initial Order.
|
May 01, 2008 |
Notice of Staff Reduction filed.
|
May 01, 2008 |
Final Order filed.
|
May 01, 2008 |
Petition for a Section 120.569, 120.57(1) Hearing filed.
|
May 01, 2008 |
Agency referral filed.
|
Orders for Case No: 08-002161SED