JAVIER DECLET, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, ET AL., APPELLEES

Fla. 5th DCA | 2001-01-19
No. 5D00-1112
THOMPSON, C.J., and PLEUS, J., concur.
776 So. 2d 1000 Florida District Court of Appeal, Fifth District (2001) Positive Treatment
Cited by 6 cases

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Synopsis

Javier Declet, a DCF supervisor, appeals his termination for making false statements to his supervisor and negligence in a child protective services case that resulted in a child's death. The court affirms PERC's termination order, finding competent substantial evidence supported the hearing officer's findings and that PERC properly exercised its discretion in selecting dismissal over demotion as the appropriate sanction.


Holding

The court affirmed PERC's termination order, finding competent substantial evidence supported the hearing officer's finding that Declet made false statements to his supervisor on May 7. PERC did not abuse its discretion in selecting termination as the appropriate sanction, as its actions were consistent with its statutory authority.


Headnotes

[1] A reviewing court will affirm an administrative agency's order if it and the underlying hearing officer's judgment are supported by competent substantial evidence.

[2] A hearing officer has the authority to resolve conflicts in testimony and weigh the evidence presented.

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Key Quotes

“This court cannot reweigh or reevaluate the evidence presented to the hearing officer and cannot substitute its judgment for that of the trier of fact. It was up to the hearing officer to resolve conflicts in the testimony.”

Establishes the standard of review for appellate courts reviewing factual findings by administrative hearing officers—they defer to credibility determinations made by the trier of fact.

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Facts & Procedural History

Declet supervised a DCF protective services unit and was assigned a case involving child N.P. on February 26. On March 12, Declet told his supervisor,…

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Opinion of the Court
ORFINGER, R.B., J.

Javier Declet (Declet) appeals a final order of the Public Employee Relations Commission (PERC) terminating him as an employee of the Florida Department of Children & Families (DCF). Declet asserts that (1) there was not competent substantial evidence to support the hearing officer’s finding that Declet made false statements to his supervisor and (2) PERC abused its discretion by terminating his employment instead of demoting him as the hearing officer recommend.

We find no error and affirm PERC’s order. DCF’s disciplinary actions against De-clet arose following the death of N.P., a child, who was receiving protective services from the DCF protective services unit supervised by Declet.1 N.P.’s case was assigned to Declet’s unit on February 26. During a March 12 supervisor’s meeting, Declet told his supervisor, Lorita Shirley, that he had not yet reviewed N.P.’s case.2 Declet was reminded of the need to promptly review all cases assigned to his unit.

On April 20, DCF received another report of abuse regarding N.P. In a supervisor’s meeting on May 7, Declet told Shirley that he had completed the reviews of the cases assigned to his unit. In fact, Declet had not completed all of the reviews.

On May 22, DCF received another abuse report regarding N.P. The report indicated that N.P. was hospitalized with serious injuries inflicted by her mother’s paramour. Declet was called into Shirley’s office and told her at that time that he had not reviewed N.P.’s file, contrary to what he had earlier indicated. On May 23, N.P. died.

Declet was subsequently dismissed from his position by DCF. The grounds given for the dismissal were “Falsification of Records or Statements” and “Negligence,” both violations of the DCF employee handbook. Declet appealed the dismissal to PERC. After a three-day hearing, the hearing officer found that Declet had been negligent in the performance of his duties and had made false statements to Shirley, his supervisor. The hearing officer recommended that Declet be demoted in lieu of dismissal. Both parties filed exceptions to the hearing officer’s recommended order. In issuing its final order, PERC accepted the hearing officer’s finding that DCF had cause to discipline Declet.

However, PERC determined that dismissal was the appropriate sanction due to Declet’s false statements to his supervisor.

On appeal, PERC’s order must be affirmed if it and the underlying hearing officer’s judgment are supported by competent substantial evidence. See § 120.68, Fla. Stat. (2000).

The case was a classic “he said, she said.” Shirley testified that Declet told her on May 7 that he had reviewed all files assigned to his unit, including N.P.’s. Declet testified that he did not make those statements to Shirley. The hearing officer chose to believe what she said. This court cannot reweigh or reevaluate the evidence presented to the hearing officer and cannot substitute its judgment for that of the trier of fact. It was up to the hearing officer to resolve conflicts in the testimony. See Pasco County Sch. Bd. v. Florida Pub. Employees Relations Comm’n, 353 So. 2d 108, 116 (Fla. 1st DCA 1977); Educ. Dev. Ctr., Inc. v. City of West Palm Beach Zoning Bd. of Appeals, 541 So. 2d 106 (Fla.1989).

Accordingly, we find no error in the hearing officer’s findings and PERC’s order concluding that Declet made false statements to his supervisor contrary to established DCF policies.

Finally, we find no merit in De-clet’s contention that PERC abused its discretion by upholding his termination instead of demoting him as recommended by the hearing officer. PERC’s actions are consistent with its statutory authority pursuant to Section 120.57(1)©, Florida Statutes (2000).

AFFIRMED.

THOMPSON, C.J., and PLEUS, J., concur. . Declet was the supervisor of protective services unit 117 with DCF. In this capacity, he was responsible for supervising DCF counselors who provided protective services to abused or neglected children.

. Supervisory reviews are performed to insure that appropriate protective services are provided to dependent children or other children at risk.


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Citator

Cited By

  • Mullins v. Kennelly, 847 So. 2d 1151 (Fla. 5th DCA 2003)
    …(or perhaps more accurately with Keith and King), is a classic “he said, she said,” wherein the credibility of the witnesses would have been weighed by the trier of fact had the matter proceeded to trial. See Declet v. Dep’t of Children & Families, 776 So. 2d 1000 (Fla. 5th DCA 2001). The fact that the witnesses provided contradictory evidence does not necessarily compel the court to the conclusion that the action lacked factual support and was therefore sanctionable under section 57.105. The Kennellys conced…
  • Dep't OF Child. & Families v. A.C. and J.B., Sr., 943 So. 2d 974 (Fla. 5th DCA 2006)
    …Children & Families, 837 So. 2d 1078, 1080 (Fla. 5th DCA 2003). An appellate court cannot question the trial court’s assessment of the witness’ credibility nor substitute its judgment for the trier of fact. Declet v. Dep’t of Children and Families, 776 So. 2d 1000, 1001 (Fla. 5th DCA 2001). AFFIRMED. PLEUS, C.J., LAWSON and EVANDER, JJ., concur.…
  • Krieger v. Fla. Fish & Wildlife Conservation Comm'n, 220 So. 3d 511 (Fla. 3d DCA 2017)
    …s appeal followed. Standard of Review The public employees relations commission’s “order must be affirmed if it and the underlying hearing officer’s judgment are supported by competent substantial evidence.” Declet v. Dep’t of Children & Families, 776 So. 2d 1000, 1001 (Fla. 5th DCA 2001). We do “not substitute our judgment for that of the agency as to the weight of evidence on any disputed finding of fact. We may only set aside such action or remand the case to the agency if we find the agency’s order depen…

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