STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

RONNIE N. WILLIAMS, EEOC No. 15D201400216

Petitioner, FCHR Case No. 2014-00113

v. No. 14-3208

GADSDEN COUNTY SHERIFF'S OFFICE, FCHR Order No. 16-002

Respondent.

/

FINAL ORDER DISMISSING . RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Ronnie N. Williams filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections - Florida Statutes

alleging that Respondent Gadsden County Office committed unlawful practices on the basis of Petitioner's race (Black) and on the basis of

retaliation by Petitioner to different terms, conditions and disciplinary practices than white officers and by terminating Petitioner from his position.

The allegations set forth in the complaint were investigated, and, on June 24,

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 March 25 and August before Administrative Law Judge June C. McKinney.

Judge McKinney issued a Recommended Order of dismissal, dated October 29,

2015.

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 21, 2016 10:54 AM Division of Administrative Hearings

Conclusions of Law

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

The Administrative Law Judge concluded, "In this case, Petitioner failed to a complaint with [the Commission] within 365 days of the alleged violation. The last date of the alleged unlawful occurrence was either March 9, the last date Petitioner worked at [Respondent] before he was suspended or June 1, Petitioner voluntarily started working with Midway Police Department, unbeknownst to [Respondent]. Therefore, Petitioner's complaint filing date of January 21, is time- barred due to it being more than 365 days after the alleged violation." Recommended

.

We note that the complaint also appears to allege that the amendment of Petitioner's AMTS global profile status by Respondent, found to have occurred in March

but alleged in the complaint to have occurred in June was an unlawful employment practice. This amendment occurred within days of the filing of the complaint. Nevertheless, the Administrative Law Judge found that Respondent "followed the same policies for the two white male part-time reservists that had criminal- related trouble as [Respondent] did for [Petitioner] after his arrest." Recommended

21.

With these comments, 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.

On November Petitioner filed a document with the Division of Administrative Hearings stating, " I would like to have my case transferred to the District Court of Appeals." Respondent filed a response to this filing by Petitioner.

The appeal rights of the parties upon the issuance of this Order are set out below.

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, in the Florida Rules of Appellate Procedure

DONE AND ORDERED this day 2016.

FOR THE FLORIDA COMMISSION

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

Filed this day of , in Tallahassee, Florida.

Clerk

on Human Relations

4075 Esplanade Way, Room Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

Ronnie N . Williams [address of record]

Gadsden County Office c/o Jason E. Vail, Esq.

Allen, Norton & Blue,

N. Monroe St., Ste. 100 Tallahassee, FL 32303

June C. McKinney, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a the foregoing has been mailed to the above listed addressees this day

By:

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 14-003208

Orders for Case No: 14-003208