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CAROL WELLS vs DEPARTMENT OF JUVENILE JUSTICE, 08-003841SED (2008)

Court: Division of Administrative Hearings, Florida Number: 08-003841SED Visitors: 20
Petitioner: CAROL WELLS
Respondent: DEPARTMENT OF JUVENILE JUSTICE
Judges: LISA SHEARER NELSON
Agency: Department of Juvenile Justice
Locations: Tallahassee, Florida
Filed: Aug. 05, 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.
OY-AISED STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE CAROL WELLS, Petitioner, v. DEPARTMENT OF JUVENILE JUSTICE, Respondent. This matter is now before t final agency action in regard to position was improperly reclassi Selected Exempt Service. we weer wee ee weve iw FINAL ORDER DJJ NO.: DOAH NO.: 08-0018 07-2210SED he undersigned for issuance of the Petitioner’s claim that her fied from Career Service to On October 4, 2007, Administrative Law Judge CAROLYN S. HOLIFIELD entered an “Order Closing File” pursuant to the parties’ “Joint Stipulation and Agreement and Motion to Relinquish Jurisdiction” (“Joint Stipulation”). In accordance with the Joint Stipulation dated June 10, 2008, the Department concludes that the Petitioner’s position was properly within career service at the time Petitioner’s position was eliminated on or about January 4, 2002. Neither the Joint Stipulation nor this Order 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. 2. The Petitioner was incorrectly reclassified from Career Service to Selected Exempt Service. 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 312, 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. 7 Entered this Hs day ot sllly ily __, 2008, in Tallahassee, Florida. ROD LOVE, TY ae Department of Juvenile Justice Koes Blatsos/ Karen Blackburn, Agency Clerk COPIES FURNISHED: JOHN RAYMAKER Asst. General Counsel Dept. of Juvenile Justice 2737 Centerview Dr., Ste.312 Tallahassee, FL 32399-3100 Jerry G. Traynham, Esq. Patterson & Traynham 315 Beard Street Post Office Box 4289 Tallahassee, Florida CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, FL 32399-3060

Docket for Case No: 08-003841SED
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. 06, 2008 Initial Order.
Aug. 05, 2008 Final Order filed.
Aug. 05, 2008 Promotion to Select Exempt Service (SES) filed.
Aug. 05, 2008 Petition for a Section 120.569, 120.57(1), Hearing filed.
Aug. 05, 2008 Agency referral filed.

Orders for Case No: 08-003841SED
Issue Date Document Summary
Apr. 30, 2009 Agency Final Order
Feb. 05, 2009 Recommended Order Respondent did not violate the appropriate rules when laying off Petitioners.
Source:  Florida - Division of Administrative Hearings

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