STATE OF FLORIDA COMMISSION ON HUMA N RELATIONS

KALISH A EAGLE, EEOC Case No.

Petitioner, FCHR Case No.

v. DOAH No. 15-5381

ALACHU A COUNTY BOARD OF COUNTY COMMISSIONERS,

FCHR Order No. 16-058

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Kalisha Eagle filed a complaint of discrimination pursuant to the Florida Civil Rights Act o f 1992, Sections 760.01 - Florida Statutes alleging that Respondent Alachua County Board of County Commissioners committed unlawful employment practices on the basis of Petitioner's sex (female) in the job assignments given and opportunities not provided Petitioner, by removing equipment from Petitioner's use, and on the basis o f retaliation by issuing a counseling memo to Petitioner after Petitioner complained about the alleged discrimination that was occurring.

The allegations set forth in the complaint were investigated, and, on August 20, the Executive Director issued a 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 o f a formal proceeding.

An evidentiary hearing was held in Gainesville, Florida, on December 4 and and on January 28, February 23, March and May before

Administrative Law Judge Garnett W. Chisenhall.

Judge Chisenhall issued an Amended Recommended Order of dismissal, dated August 26, 2016.

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

Filed November 17, 2016 2:21 PM Division of Administrative Hearings

Findings of Fact

We find the Administrative Law Judge's findings o f fact to be supported by competent substantial evidence.

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

Conclusions of Law

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

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

Exceptions

Petitioner filed exceptions to the Administrative Law Judge's Amended Recommended Order with the Division of Administrative Hearings on or about September

With regard to exceptions to Recommended Orders, the Administrative Procedure Act states, "The final order shall include an explicit ruling on each exception, but an agency need not rule on an exception that does not clearly identify the disputed portion of the recommended order by page number or paragraph, that does not identify the legal basis for the exception, or that does not include appropriate and specific citations to the record." Section 120.57(1 )(k), Florida Statutes see, also, Taylor v. Universal Studios. FCHR Order No. (March 26, McNeil v. HealthPort Technologies. FCHR Order No. 12-026 (June 27, and Bartolone v. Best Western Hotels. FCHR Order No. 07-045 24, 2007).

A review o f Petitioner's exceptions document suggests that it does not comply with this statutory provision.

It can be said, generally, that Petitioner excepts to the Administrative Law Judge's finding that no unlawful employment practice occurred in this matter.

The Commission has stated, "It is well settled that it is the Administrative Law Judge's function 'to consider all of the evidence presented and reach ultimate conclusions of fact based on competent substantial evidence by resolving conflicts, judging the credibility of witnesses and drawing permissible inferences therefrom. I f the evidence presented supports two inconsistent findings, it is the Administrative Law Judge's role to decide between them.' Beckton v. Department o f Children and Family Services,

F.A.L.R. 1735, at 1736 (FCHR 1998), citing Maggio v. Martin Marietta Aerospace. 9

F.A.L.R. 2168, 2171 (FCHR 1986)." Barr v. Columbia Regional Medical Center. 22 F.A.L.R. 1729, at (FCHR Accord, Bowles v. Jackson County Hospital Corporation. FCHR Order No. (December 6, 2005), Eaves v.

Central Florida Portfolio. FCHR Order No. -029 (March and supra.

addition, it has been stated, "The ultimate question of the existence o f discrimination is a question of fact." Florida Department of Community Affairs v.

586 So. 2d 1205, at 1209 (Fla. DCA Accord, Coley v. Bav County Board o f County FCHR Order No. (March

supra, and supra.

It is also unclear whether Petitioner served Respondent with the exceptions document as there is no such indication on the document. See Fla. Admin. Code 28-

requiring a party filing a document to serve all other parties with the document and include a certificate o f such service on the document.

Petitioner's exceptions are rejected.

Dismissal

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

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

DONE AN D ORDERED this

FOR THE FLORIDA COMMISSION ON HUMA N RELATIONS:

Commissioner Tony Jenkins, Panel Chairperson; Commissioner Donna and

Commissioner Gilbert M . Singer

Filed this day o f 2016

in Tallahassee, Florida.

Clerk

Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

Kalisha Eagle

Post Office Box 708 Newberry, FL 32669

Alachua County Board o f County Commissioners

c/o William E. Harlan, Jr., Esq. County Litigation Attorney

Office o f the Alachua County Attorney 12 Southeast Street

Gainesville, FL 32601

Garnett W. Chisenhall, Administrative Law Judge, DOA H James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a

listed addressees this '7 day of .

the foregoing has been mailed to the above

. 2016.

By:

Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 15-005381

Orders for Case No: 15-005381