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KURT G. MAHLER vs MARION COUNTY BOARD OF COUNTY COMMISSIONERS, 12-002177 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-002177 Visitors: 17
Petitioner: KURT G. MAHLER
Respondent: MARION COUNTY BOARD OF COUNTY COMMISSIONERS
Judges: JAMES H. PETERSON, III
Agency: Florida Commission on Human Relations
Locations: Ocala, Florida
Filed: Jun. 20, 2012
Status: Closed
Recommended Order on Friday, October 12, 2012.

Latest Update: Jan. 10, 2013
Summary: Whether the Marion County Board of County Commissioners (County or Respondent) discriminated against Kurt G. Mahler (Petitioner) on the basis of Petitioner's disability.Petitioner failed to prove his claim of discrimination based on disability.
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


KURT G. MAHLER, EEOC Case No. 15D201200078


Petitioner, FCHR Case No. 2012-00563


v. DOAH Case No. 12-2177


MARION COUNTY BOARD OF COUNTY FCHR Order No. 13-001 COMMISSIONERS,


Respondent.

/


FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE


Preliminary Matters


Petitioner Kurt G. Mahler 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 Marion County Board of County Commissioners committed an unlawful employment practice on the basis of Petitioner’s disability and on the basis of retaliation by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on May 18, 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 Ocala, Florida, on August 9, 2012, before Administrative Law Judge James H. Peterson, III.

Judge Peterson issued a Recommended Order of dismissal, dated October 12, 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 January 10, 2013 8:07 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 10th day of January , 2013. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:


Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Michael Keller; and

Commissioner Michell Long


Filed this 10th day of January , 2013, 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:


Kurt G. Mahler

3382 Southwest 165th Loop Ocala, FL 34473


Marion County Board of County Commissioners c/o Michael H. Bowling, Esq.

Bell and Roper, P.A. 2707 East Jefferson Street Orlando, FL 32803


James H. Peterson, III, 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 10th day of January , 2013.


By: /s/ Clerk of the Commission

Florida Commission on Human Relations


Docket for Case No: 12-002177
Issue Date Proceedings
Jan. 10, 2013 Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Oct. 12, 2012 Recommended Order (hearing held August 9, 2012). CASE CLOSED.
Oct. 12, 2012 Recommended Order cover letter identifying the hearing record referred to the Agency.
Sep. 13, 2012 (Respondent's) Proposed Recommended Order filed.
Sep. 11, 2012 Kurt G. Mahler/Marion County Board of Commissioners Proposed Recommended Order filed.
Aug. 20, 2012 Transcript (not available for viewing) filed.
Aug. 20, 2012 Notice of Filing Hearing Transcript.
Aug. 09, 2012 CASE STATUS: Hearing Held.
Aug. 03, 2012 Petitioner's Witness List filed.
Aug. 01, 2012 Respondent's Witness and (Proposed) Exhibit List filed.
Jul. 23, 2012 Return of Service filed.
Jul. 18, 2012 Subpoena ad Testificandum (Kevin Pete and Victor Pollock) filed.
Jul. 13, 2012 Order Granting Motion to Withdraw as Counsel.
Jul. 11, 2012 Order (on Petitioner's letter filed on July 11, 2012).
Jul. 11, 2012 Letter to DOAH from K. Mahler requestting an appeal filed.
Jul. 09, 2012 Danialle Riggins and Riggins Law Firm, PA.'s Motion to Withdraw as Counsel for Kurt G. Mahler filed.
Jul. 09, 2012 Letter to DOAH from K. Mahler requesting to withdraw appeal filed.
Jul. 09, 2012 Letter to Judge Peterson from M. Bowling regarding court reporters filed.
Jul. 03, 2012 Order of Pre-hearing Instructions.
Jul. 03, 2012 Notice of Hearing (hearing set for August 9, 2012; 10:30 a.m.; Ocala, FL).
Jul. 02, 2012 Amended Agreed Response to Initial Order filed.
Jun. 28, 2012 Agreed Response to Initial Order filed.
Jun. 26, 2012 Joint Response to Initial Order filed.
Jun. 26, 2012 Letter to Denise Crawford from D. Riggins requesting removal of the Riggins Law from and Danialle Riggins from this matter filed.
Jun. 25, 2012 Notice of Appearance (of M. Bowling) filed.
Jun. 22, 2012 Answer to Petition filed.
Jun. 20, 2012 Initial Order.
Jun. 20, 2012 Employment Charge of Discrimination filed.
Jun. 20, 2012 Notice of Determination: No Cause filed.
Jun. 20, 2012 Determination: No Cause filed.
Jun. 20, 2012 Transmittal of Petition filed by the Agency.
Jun. 20, 2012 Petition for Relief filed.

Orders for Case No: 12-002177
Issue Date Document Summary
Jan. 10, 2013 Agency Final Order
Oct. 12, 2012 Recommended Order Petitioner failed to prove his claim of discrimination based on disability.
Source:  Florida - Division of Administrative Hearings

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