JAMES G. TAUBE, APPELLANT/CROSS-APPELLEE,
v.
FLORIDA KEYS AQUEDUCT AUTHORITY AND COUNTY OF MONROE CAREER SERVICE COUNCIL, APPELLEES/CROSS-APPELLANTS
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James Taube, a permanent FKAA employee, was terminated after crashing an employer vehicle while allegedly impaired. The Career Service Council reversed his termination, relying on his acquittal in a separate criminal DUI proceeding. The court reversed, holding that a criminal acquittal does not collaterally estop administrative disciplinary proceedings and that the council must consider all evidence regarding the employee's conduct.
A criminal acquittal does not collaterally estop an administrative employer from relitigating the facts and circumstances of an employee's conduct in a disciplinary proceeding. An administrative hearing body must consider all available evidence before gauging the appropriateness of disciplinary action, and may not simply defer to the outcome of a separate criminal proceeding.
[1] An administrative agency's decision to defer to the outcome of a related criminal proceeding, thereby failing to consider all available evidence regarding an employee's c…
[2] The outcome of a criminal action does not collaterally estop an employer from litigating the facts and circumstances surrounding an employee's conduct in an administrativ…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The outcome of the criminal action by the State of Florida against Taube does not collaterally estop the FKAA from relitigating the facts and circumstances surrounding Taube's accident.”
Establishes the core holding that criminal acquittal does not bar administrative disciplinary proceedings
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceTaube lost control of an FKAA truck after dinner and drinks, crossed a highway median, and flipped the vehicle. A trooper observed a strong smell of a…
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JORGENSON, Judge.
James Taube, a permanent employee of the Florida Keys Aqueduct Authority (FKAA), lost control of his employer’s truck while driving home after an evening of dinner and drinks with a friend. He crossed the highway median and flipped the vehicle. The investigating trooper charged him at the accident scene with careless driving and DUI. The trooper later testified to the strong smell of alcohol on Taube’s breath. Taube refused a breathalyzer test. The trooper videotaped Taube’s responses to dexterity tests. As a result of its internal investigation, the FKAA terminated Taube on the following grounds: driving in an FKAA vehicle after consuming alcoholic beverages; apparent careless driving; wrecking the vehicle; refusing a sobriety test; and unauthorized personal use of an FKAA vehicle. In a separate criminal proceeding, the county court found Taube not guilty of DUI. Following a hearing, the Career Service Council of Monroe County reversed Taube’s termination by the FKAA and reinstated him. Taube appeals the council’s failure to award him back pay and lost fringe benefits; the FKAA cross-appeals his reinstatement. For the following reasons, we reverse the council’s decision.
In its order of reinstatement, the council noted:
The Career Service Council of Monroe County feels that the issues surrounding, one, apparently driving under the influence, and, two, driving carelessly in an FKAA vehicle has been settled in the County Court of Dade County, Florida, Case No. 97-925-BJ, 35-151-BM on October 22, 1986 and should not be relit-igated at this hearing.
The FKAA contends, and we agree, that the council’s refusal to consider the facts and evidence surrounding Taube’s accident constitutes reversible error. By deferring to the outcome of the criminal proceeding against Taube, the council effectively discounted four of the FKAA’s five stated reasons for terminating Taube’s employment. Those four reasons directly related to the accident that precipitated Taube’s dismissal. The council erred in not considering all the available evidence before gauging the appropriateness of the FKAA’s disciplinary action. The outcome of the criminal action by the State of Florida against Taube does not collaterally estop the FKAA from relitigat-ing the facts and circumstances surrounding Taube’s accident. See City of Miami v. Babey, 161 So. 2d 230 (Fla. 3d DCA 1964) (although municipal employee was acquitted of the criminal charge of transporting explosives without a permit, it would not necessarily follow that employee, ipso fac-to, should be exonerated of administrative charges). See also Seminole County Bd. of County Comm’rs v. Long, 422 So. 2d 938 (Fla. 5th DCA 1982) (government employee’s conduct does not have to be criminal to warrant his summary dismissal), rev. denied, 431 So. 2d 989 (Fla.1983); Chastain v. Civil Serv. Bd. of Orlando, 327 So. 2d 230 (Fla. 4th DCA 1976) (police officer was appropriately discharged for shooting an escaping prisoner even though he was not civilly or criminally liable for his conduct).
We, therefore, reverse the Career Service Council’s decision reversing the FKAA’s decision to terminate Taube’s employment and remand with directions for the council to consider all the evidence surrounding the issue of Taube’s drinking and driving.
In view of our disposition, we need not address the issue of Taube’s back pay.
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Taube v. Fla. Unemployment Appeals Comm'n & Fla. Keys Aqueduct Auth., 515 So. 2d 760 (Fla. 3d DCA 1987)…y cross-appeal of the Monroe County Career Service Council’s [*761] decision to reinstate Taube to his job, has challenged the failure of the Council to uphold Taube’s discharge based on these other reasons. Taube v. Florida Keys Aqueduct Authority, 516 So. 2d 90 (Fla.App.1987). . Of course, if Taube’s reinstatement is affirmed in the related case, see supra note 2, and if Taube’s appeal from that part of the order denying him back pay is successful, he would not be entitled to the duplicate benefits of une…
Authorities Cited
- Chastain v. Civil Serv. Bd. OF Orlando, 327 So. 2d 230 (Fla. 4th DCA 1976)
- Seminole Cnty. Bd. of Cnty. Comm'rs v. Long, 422 So. 2d 938 (Fla. 5th DCA 1982)
- City OF Miami v. Babey, 161 So. 2d 230 (Fla. 3d DCA 1964)