STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

LUTHER E. COUNCIL, JR., EEOC Case No. 15D201100483

Petitioner, FCHR Case No. 2011-02304

v. DOAH Case No. 12-1124

CITY OF TALLAHASSEE, FCHR Order No. 12-058

Respondent.

/

FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Luther E. Council, Jr., filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2010), alleging that Respondent City of Tallahassee committed unlawful employment practices on the bases of Petitioner’s race (Native American) and age (DOB: 11-1-51) by failing to hire Petitioner for either of two positions for which he had applied.

The allegations set forth in the complaint were investigated, and, on February 27, 2012, the Executive Director issued a determination finding that there was no reasonable cause to believe that an unlawful employment practice had occurred.

Petitioner filed a Petition for Relief from an Unlawful Employment Practice, and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.

An evidentiary hearing was held in Tallahassee, Florida, on July 17 and 18, 2012, before Administrative Law Judge F. Scott Boyd.

Judge Boyd issued a Recommended Order of dismissal, dated August 29, 2012.

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order.

Findings of Fact

We find the Administrative Law Judge’s findings of fact to be supported by competent substantial evidence.

We adopt the Administrative Law Judge’s findings of fact.

Filed November 13, 2012 8:34 AM Division of Administrative Hearings

Conclusions of Law

We find the Administrative Law Judge’s application of the law to the facts to result in a correct disposition of the matter.

We adopt the Administrative Law Judge’s conclusions of law.

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge’s Recommended Order.

Dismissal

The Petition for Relief and Complaint of Discrimination are DISMISSED with prejudice.

The parties have the right to seek judicial review of this Order. The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this Order is filed with the Clerk of the Commission. Explanation of the right to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 30th day of October , 2012. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Michell Long; and

Commissioner Mario M. Valle

Filed this 30th day of October , 2012, in Tallahassee, Florida.

/s/ Violet Crawford, Clerk

Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Luther E. Council, Jr. 1242 Wakulla Arran Road Crawfordville, FL 32327

City of Tallahassee

c/o Hetal H. Desai, Esq. c/o Linda R. Hudson, Esq. City Attorney’s Office

300 South Adams Street, Box A-5 Tallahassee, FL 32301

F. Scott Boyd, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 30th day of October , 2012.

By: /s/ Clerk of the Commission

Florida Commission on Human Relations

FCHR 2011-02304 EEOC 15D201100483 FCHR Order No. 12-058

Type of case: Employment

Basis of discrimination: race (Native American), age (DOB: 11-1-51) Commission staff determination: No Cause

ALJ recommendation: dismissal

Commission panel final action: Adopt Recommended Order Key Words: failure to hire, race, age

ADDRESSES FOR NOTICE:

For Petitioner…..

Luther E. Council, Jr.

1242 Wakulla Arran Road Crawfordville, FL 32327

For Respondent…..

City of Tallahassee

c/o Hetal H. Desai, Esq. c/o Linda R. Hudson, Esq. City Attorney’s Office

300 South Adams Street, Box A-5 Tallahassee, FL 32301

DOCKET INFORMATION:

Rec Order: Dismissal Transcript: Yes Exhibits: Yes Exceptions: No

Docket for Case No: 12-001124

Orders for Case No: 12-001124