The Issue Whether signs were properly permitted and whether the subject sign violated the set back requirements of state and federal law.
Findings Of Fact Subject signs were not properly permitted and subject sign on U.S. 1 North was nearer than 660 feet from the nearest edge of the right of way.
The Issue Whether subject signs were properly permitted and which subject sign on Hacienda Drive was also unsightly and not permitted.
Findings Of Fact Subject signs were not properly permitted and subject sign on Hacienda Drive was also unsightly.
Findings Of Fact Toni M. Farmer, presently holds an active cosmetology license issued by Petitioner, License No. CL0062662, for the period July 19, 1982, through June 30, 1984. Between May 6, 1980, and July 6, 1981, Farmer worked as a cosmetologist in a salon operated by Shear Pleasure, Inc., in Jacksonville, Duval County, Florida. Shear Pleasure, Inc., is the holder of License No. CE0027634. Beginning July 13, 1981, to the present, farmer has worked as a cosmetologist in the salon, Josef and Charles, Inc., d/b/a Josef and Charles Styling Salon, License No. CE0022674, located in Orange Park, Florida. When Farmer began her employment with Shear Pleasure she had a current and valid cosmetology license issued by Petitioner, which license expired June 30, 1980. Around August 18, 1980, Farmer forwarded a cashier's check made payable to the Board of Cosmetology for purposes of renewing her delinquent cosmetology license. Subsequent to the action on the part of Farmer and in the course of a routine inspection, Jewel Walker, an inspector for Petitioner, noted the fact of expiration of Farmer's license. This took place in 1980. When told that Petitioner had not responded to the renewal request, Walker instructed Farmer to post the indicia of payment of fees, i.e., a copy of the cashier's check of August, 1980, at Farmer's work station in the interim and to check the post office for any return of that cashier's check, due to the fact that Farmer had changed her mailing address following the transmittal of the cashier's check. Farmer made other contacts with the Tallahassee, Florida, office of Petitioner to determine the status of her renewal in 1980. In the beginning of 1981, Farmer spoke with Walker about the renewal, having failed to receive any notification confirming license renewal. (In the course of these matters, Walker had indicated certain logistical problems that were taking place, reference license renewal for cosmetologists.) The owner of Shear Pleasure, Inc., Fontaine LeMaistre, was aware of the efforts on the part of Farmer to obtain license renewal and allowed her to continue as an employee during her tenure. When Farmer took a position with Josef and Charles, her employer was made aware of the fact that she did not have the license document and the employer was made aware of the efforts which Farmer had made to obtain the license. On August 11, 1981, Farmer requested the Florida First National Bank of Jacksonville, which had issued the August 18, 1980, cashier's check to stop payment on that check, based upon the fact that the payee, Petitioner, had not cashed the check. This request was honored and on August 13, 1981, a cashier's check was issued to Toni M. Farmer in the like amount of thirty-five dollars ($35.00), which check was subsequently cashed by Farmer. On May 12, 1982, Charles Coats, an investigator with Petitioner, made an inspection of the Orange Park business of Josef and Charles and discovered that Farmer was without a license. At that time, a copy of the original thirty- five dollar ($35.00) check written to the Board of Cosmetology was shown to Coats. Farmer related the circumstances involving efforts which she had made to obtain the license. Following this conversation, and specifically in June, 1982, Farmer maid the necessary fees and offered required credentials which allowed her license to be renewed, effective July 19, 1982.
Recommendation Based upon a full consideration of the facts found, conclusions of law reached and being otherwise informed, it is RECOMMENDED: That a final order be entered authorizing the issuance of a letter of reprimand to the Respondent. DONE and ENTERED this 29th day of December, 1982, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of December, 1982.
The Issue The issues to be resolved in this proceeding concern whether the Petitioner was discriminated against by being terminated, allegedly on account of her race, and in retaliation for filing a claim concerning discrimination.
Findings Of Fact Tammy King, the Petitioner, became employed by the Respondent in June of 2000. She was employed as an operations manager, supervising the cleaning service work for various customer accounts as well as the people employed to perform the cleaning service work for those accounts. She was employed by the Respondent for approximately one year. The owners of the Respondent company are Linda and Daniel Coley. On October 18, 2000, Ms. King was evaluated by her evaluator and supervisor Christopher Stettner and received an excellent evaluation, which was apparently co-extensive with the end of her probationary period. Gene Janushanis also was in a supervisory capacity over the Petitioner. Mr. Janushanis, in his supervisory role, is the primary focus of the Peititoner's complaint of discriminatory conduct concerning his conduct and attitude toward her. The Petitioner contends, in essence, that Mr. Janushanis refused to allow the Petitioner to discipline black employees and treated her more harshly, with harassment, including cursing at her, and otherwise interfered with her performance of her job. She stated that he treated black employees, including black supervisors in similar positions to the Petitioner, more favorably, as to disciplinary or job performance issues, than he treated the Petitioner. The Petitioner maintains that she had no problems, disciplinary or otherwise, in the performance of her job before Mr. Janushanis was hired as her supervisor and that their numerous altercations commenced shortly thereafter. However, she also developed a difficult relationship with Christopher Stettner, the supervisor who gave her the excellent evaluation at the end of her probationary period. Apparently, their relationship deteriorated soon thereafter and became quite hostile. In fact, Mr. Stettner filed an internal complaint or grievance against the Petitioner concerning alleged harassment of him by the Petitioner. This resulted in the Respondent's scheduling additional "anti-harassment training" for the Petitioner and other employees thereafter. Thus, a hostile relationship with abrasive arguments ensued between the Petitioner and Mr. Stettner, as well as between the Petitioner and Mr. Janushanis, starting in the late part of 2000 and through the first half of the year 2001. Cassey Clark, the Human Relations Director for Respondent, witnessed a number of "very harsh arguments" between Tammy King and office employees or supervisors Dwayne Coley, Chris Stettner, and Gene Janushanis. Both owners and employees witnessed very hostile, violent arguments between Mr. Janushanis and the Petitioner on a number of occasions, sometimes in the presence of customers of the company and generally in the presence of other employees or owners. These altercations included instances where the Petitioner refused to perform directions of her supervisor. Additionally, a substantial number of employees had verbal altercations with the Petitioner concerning receiving credit for, and payment for, the hours they had worked. On a repetitive basis the Petitioner failed to submit correct hours for the payroll and in one case got into a verbal altercation with an employee, Sonya Ross, chased the employee out in the parking lot, and refused to give her her last paycheck, telling her that she would mail the check to her, which was against company policy. The Petitioner exhibited a hostile, threatening attitude and conduct toward employees concerning hours worked and other aspects of her opinion of the way they were performing their jobs, as well as concerning payroll issues. Such instances occurred with at least nine employees. This hostile, threatening attitude and failure to comply with the payroll policies of the Respondent, as well as the several instances of the Petitioner failing to perform as directed by her supervisors, constituted misconduct under the regular policies of the Respondent. These instances of misconduct occurred on a frequent basis through the first half of 2001, including an instance where an employee called to state that she had to be out for two days because her baby was sick with a high fever. The employee followed company policy and provided documentation from the physician involved concerning her need to be off from work. She then called Tammy King to say that she had to go back to the hospital with her child, and Ms. King told her that she would be terminated. The employee then called the owner, Linda Coley, to inform her of the problem because she was afraid of losing her job. Ms. Coley then spoke with Ms. King and reminded her that it was against company policy to terminate an employee if he or she brought proper documentation from the physician or hospital, which was the case. This also was a clear violation of company policy concerning employees and supervisors. These instances of misconduct and the very hostile verbal altercations between the Petitioner and Mr. Janushanis, her branch manager, continued until June of 2001. The Respondent counseled with both the Petitioner and Mr. Janushanis about their conduct and attitude between themselves and toward other employees. Ultimately the decision was made in mid-June 2001 to terminate the Petitioner and Mr. Janushanis as well. On June 22, 2001, the Petitioner was terminated, as was Mr. Janushanis, on the same date. On June 20, 2001, the Petitioner had filed a complaint with the EEOC, by letter, and informed the Respondent of that fact. The decision to terminate the Petitioner, however, had been made prior to the filing of the complaint with the EEOC. The Petitioner has failed to establish that any actions taken by the Respondent toward her were related to her race. The supervisor complained of by the Petitioner was of the same race, white, and there is no persuasive evidence that shows any intent by the owners or management of the company to treat similarly-situated members of another race more favorably. In fact, there was preponderant and substantial evidence of misconduct on behalf of the Petitioner which established a legitimate, nondiscriminatory reason for her termination. Although her initial performance was rated as excellent in the initial months of her employment, the Petitioner failed to continue that level of performance. In fact, her misconduct on the job, including the instances enumerated in the above findings of fact shows that the Petitioner's conduct and performance had deteriorated so that she was not properly performing the various requirements of her employment position, when viewed in the context of regularly- adopted company policy. Upon the Respondent's becoming aware of these conduct shortcomings, and failure to properly perform in her position, as well as the improper conduct by her supervisor, the Respondent did not condone the Petitioner's level of conduct nor that of her supervisor, Mr. Janushanias. Rather, the Respondent sought to assist them in improving their conduct and performance. When these efforts were not successful, the Respondent ultimately terminated both of them.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, the candor and demeanor of the witnesses, and the pleadings and arguments of the parties, it is, therefore, RECOMMENDED: That a Final Order be entered by the Florida Commission on Human Relations dismissing the Petition for Relief in its entirety. DONE AND ENTERED this 3rd day of December, 2003, in Tallahassee, Leon County, Florida. S P. MICHAEL RUFF Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 3rd day of December, 2003. COPIES FURNISHED: K. Jeffrey Reynolds, Esquire 924 N. Palafox Street Pensacola, Florida 32501 Banks T. Smith, Esquire Hall, Smith & Jones Post Office Box 1748 Dothan, Alabama 36302 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Suite 100 Tallahassee, Florida 32301
The Issue The issue is whether Respondent engaged in an unlawful employment practice pursuant to chapter 760, Florida Statutes, by terminating Petitioner for allegedly using an electronic device while operating a FedEx vehicle.
Findings Of Fact Petitioner, Preston Pamphile ("Petitioner") worked for Respondent as a driver/courier at its Tallahassee station from 2006 until his termination in May 2010. Petitioner is African- American. Respondent, Federal Express Corporation ("Respondent" or "FedEx") is an express delivery company. The Employment Complaint of Discrimination filed by Petitioner alleges discrimination based upon race/color. Specifically, the Discrimination Statement reads as follows: I am an African American. I was subjected to different terms and conditions and discharged because of my race. I worked for Fedex as a Driver. I was falsly accused of talking/texting on my cell phone while operating a company vehicle. I tried to tell my supervisor (Tony Henderson) that I was not using my phone. I offered to show him my phone bill. Mr. Henderson said “I know what I saw.” On May 6, 2010, I was terminated. However, a white employee (Robert Fitzsimmons) was reported by another employee for talking on his cell phone while operating a company (vehicle) and he was not disciplined. I believe I was terminated because of my race. In addition to the claim of race discrimination, the Petition for Relief filed with the Commission also asserts a claim of retaliation. In Petitioner's written statement accompanying the Petition for Relief, Petition explains the basis for the retaliation claim: I feel that he retaliated because when I came to work at 2:50 a.m., I saw him in the back of the building with a female employee. The same female employee I saw him in back of the building with is his employee that is under his management. And I feel that Tony Henderson is trying to protect his marriage because of me seeing him in back of the building with the female employee. FedEx's "Three-Strikes You're Out" Policy At all relevant times during his employment with Respondent, Petitioner was aware of FedEx's Acceptable Conduct Policy. Under this policy, an employee who receives any combination of three warning letters and/or performance reminder letters during a twelve-month period is subject to termination. Petitioner conceded that this policy was uniformly applied by Respondent, and Petitioner did not contend that Respondent committed any unlawful conduct in applying this policy. On February 5, 2009, Petitioner received a warning letter for failing to report traffic citations he received while operating his personal vehicle. The warning letter reminded Petitioner that "3 notifications of deficiency (i.e., any combination of warning letters and/or reminders) received within a 12-month period" would result in his termination. On September 1, 2009, Petitioner received a second warning letter for crossing a moving conveyor belt during a morning sorting operation. This letter stated: "This is your second deficiency notification within 12 months. If you receive a third notification within 12 months, regardless of the type, you will be terminated." On January 6, 2010, Petitioner received a third warning letter for failing to report a traffic citation he received while operating a FedEx vehicle. Petitioner was informed that this was his "third disciplinary letter within 12 months." Petitioner acknowledged that he could have been terminated at that point pursuant to the “Three Strikes” policy without issue. However, rather than immediately terminating his employment, Petitioner was given another opportunity by Respondent. In Petitioner's words, two managers "stuck their necks out" for Petitioner and gave him "another shot." Petitioner was clearly warned in the January 6, 2010, warning letter, however, that "If you receive another [disciplinary letter], whether a warning letter or performance reminder, within 12 months, you will be terminated." The letter went on to state that Petitioner's employment with FedEx was "precarious," and that one more warning letter or performance reminder at any time during the next 12 months would result in his termination. FedEx's Prohibition on Use of Cell Phones Respondent's Safety Manual Policy 4-5 strictly prohibits drivers/couriers from using electronic devices while operating a FedEx vehicle. Petitioner acknowledged he was fully aware of Respondent's policy about using electronic devices while operating a vehicle. Indeed, Petitioner received and signed an Electronic Devices Memorandum, authored by the district manager responsible for the Tallahassee station. The memorandum specifically lists cellular telephones as a type of electronic device that may not be used while a driver is operating a FedEx vehicle. The memorandum further provides: "If you carry a cellular phone or Nextel with you when you are on the road, you MUST keep it in the rear cargo area of your vehicle so that you are not tempted to use it while operating the vehicle," and "You are NOT to have your phone on your person while on the clock." (Emphasis in original) The memorandum also prohibits the use of "I-POD type products" and "any other device or activity that would cause distraction while operating a vehicle." The memorandum concludes with the admonition that: "Violations of this policy will be addressed by management using Policy 2-5 of The People Manual (Acceptable Conduct). Violations may result in disciplinary actions up to and including termination." The Mahan Drive Delivery On May 6, 2010, Petitioner made a delivery to the building complex at 2727 Mahan Drive in Tallahassee. Petitioner had his cell phone with him in the FedEx vehicle, and was using the phone to listen to music. Respondent's operations manager, Tony Henderson ("Henderson"), was present at the complex that morning and was parked in the parking lot. As Petitioner was pulling into the complex, Henderson personally observed Petitioner operating his cell phone while driving the FedEx vehicle. Petitioner pulled up to a building in the complex, delivered his packages, and then left the complex. Henderson attempted to follow Petitioner in his vehicle, but was unable to keep up with him. Henderson then proceeded to the Tallahassee station, where Petitioner arrived approximately one hour later. Upon his arrival at the station, Henderson confronted Petitioner and asked whether he had been using an electronic device while operating a FedEx vehicle. Petitioner responded that he was not talking or texting on his cell phone, but rather had been changing the radio station on the phone. Petitioner was thereafter placed on paid suspension pending an investigation into whether he had violated Respondent's policy by using an electronic device while operating a FedEx vehicle. Two days later, on May 8, 2010, Henderson issued a warning letter to Petitioner for violation of the policy prohibiting the use of electronic devices while operating a FedEx vehicle. This was, again, Petitioner's third warning letter within a 12 month period. Consistent with Respondent's Acceptable Conduct Policy, as well as the prior warning to Petitioner, Respondent terminated Petitioner's employment. On May 17, 2010, Petitioner wrote a statement concerning the events of May 6, 2010. In that statement, Petitioner admitted to using his cell phone to listen to music while operating a FedEx vehicle.1 Allegations of Disparate Treatment Petitioner has alleged that he was subjected to different terms and conditions because of his race, and that white employees that violated Policy 4-5 were treated less harshly than he. Petitioner cited two instances of cell phone usage by FedEx employees in support of this claim. On or about January 29, 2010, Henderson personally observed FedEx courier Dan Workman operating a FedEx vehicle. Workman is white. Judging by what he saw, Henderson believed Workman might have been engaged in a conversation on a cell phone while operating the FedEx vehicle. Henderson contacted another FedEx operations manager, Sam Karvelas, and asked him to confront Workman about using a cell phone while operating a FedEx vehicle. When confronted by Karvelas, Workman admitted that he had been talking on his cell phone while operating the vehicle. On February 1, 2010, Workman received a warning letter for using an electronic device while operating a FedEx vehicle. On October 15, 2008, Henderson personally observed FedEx courier Elizabeth Christian talking on a cell phone while operating a FedEx vehicle. Christian is white. On that same day, Christian received a warning letter for using an electronic device while operating a FedEx vehicle. At hearing, Petitioner testified that a white FedEx employee, Blake Fitzsimmons, had recounted to Petitioner that he had been observed by Henderson using a cell phone while operating his FedEx vehicle, and had not received any form of discipline. However, Henderson's testimony on this issue was that prior to Petitioner's termination from FedEx, Henderson had never personally observed Fitzsimmons using a cell phone or electronic device while operating a FedEx vehicle. On cross- examination, Petitioner admitted he had no personal knowledge of whether Henderson has ever shown preferential treatment to white employees over black employees. Basis for the Retaliation Claim Approximately three to four months before Petitioner received the warning letter for using his cell phone while operating a FedEx vehicle, Petitioner claims he saw Henderson alone with a female FedEx employee. Petitioner testified he arrived at the Tallahassee station at 3:00 a.m., and saw Henderson leaning over the driver's side door of a truck. Petitioner testified "I can't say what I saw, but I saw him -- when they saw me, they parted ways." Petitioner further testified, "Pretty much he leaned over in the driver's side door and whatever they did, if they kissed, they kissed. I'm not sure what they did, but, yes, that's what I saw at three in the morning." Petitioner told several of his friends and co-workers what he had seen but did not report the incident to anybody in management or Human Resources.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Petition for Relief. DONE AND ENTERED this 24th day of August, 2011, in Tallahassee, Leon County, Florida. S W. DAVID WATKINS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 24th day of August, 2011.
Findings Of Fact Petitioner was employed by the University of South Florida on or about November 18, 1990 as a Senior Computer Support Specialist. As with all university employees she was required to satisfactorily complete a probationary period of six months. By memorandum dated April 26, 1991, subject: Pre-probationary appraisal (Exhibit 6), Petitioner was advised of the areas in which she should improve her performance. Petitioner offered into evidence monthly reports for February through May, 1991 (Exhibit 1-4) submitted by Petitioner's supervisor, Janis Rawdin, for the apparent purpose of showing that other members of the group supervised by Rawdin were mentioned more than was Petitioner. Nothing in these reports supports Petitioner's allegation of discrimination by reason of national origin. After Petitioner had completed her testimony with cross-examination, redirect and recross without testifying regarding her national origin, the Hearing Officer asked where she was born and Petitioner responded, the Virgin Islands. Petitioner testified that Rawdin was short and abrupt with her, treated her badly, and that she was not included in all of the training sessions. No evidence was presented that this alleged treatment resulted from, or was influenced by, Petitioner's national origin. Petitioner also testified that she was assigned projects for which she had not been trained. However, the nature of her assignment to field question from computer users at the University (and perhaps from the general public), would necessarily result in questions requiring additional research before giving a correct answer. Petitioner's assignment, as noted above, was to answer questions regarding computer usage and to help those inquiring to solve the problem they had encountered. Although repeatedly advised to use only computer terminology when responding to inquiries, which terminology was contained in the instruction books, Petitioner failed to do so. Janis Rawdin, who was Petitioner's supervisor and recommended Petitioner for dismissal at the expiration of the six months probationary period, found that Petitioner was not learning the job at the expected rate; and that Petitioner was unlikely to reach the stage where she would qualify for advanced training. In summary, Petitioner presented no evidence that her dismissal was in any wise related to her national origin. Those allegations in the Petition for Relief that she was mistreated, etc. unless associated with a right protected by the Human Rights Act of 1977, as amended, do not constitute grounds for relief in these proceedings.
Recommendation That a Final Order be entered dismissing Christie A. Jacobs' Petition for Relief from an unlawful employment practice filed against the University of South Florida. DONE and ENTERED this 2nd day of December, 1992, at Tallahassee, Florida. K. N. AYERS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of December, 1992. COPIES FURNISHED: Margaret Jones, Clerk Human Relations Commission 325 John Knox Road Building F, Suite 240 Tallahassee, FL 32303-4149 Dana Baird, General Counsel Human Relations Commission 325 John Knox Road Building F, Suite 240 Tallahassee, FL 32303-4149 Christie A. Jacobs P.O. Box 310774 Tampa, FL 33680-0744 Wendy J. Thompson, Esquire University of South Florida 4202 Fowler Avenue, Adm. 250 Tampa, FL 33620-6250
Findings Of Fact Respondent holds Certificate No. 11680. The Complaint, Notice of Hearing, and receipt of certified mail were offered into evidence as requested without objection and marked Exhibit 1. Respondent failed to have her photograph with her certificate of registration after repeated warnings by the employee of the Board whose duty is to see that Chapter 477, F.S., and the rules and regulations promulgated thereunder are adhered to by those persons holding certificate of registration from the State Board of Cosmetology.
