CITY OF MIAMI, A MUNICIPAL CORPORATION IN THE STATE OF FLORIDA; M. L. REESE, CITY MANAGER, DIRECTOR OF PUBLIC SAFETY, CITY OF MIAMI; AND R. FRAZIER POTTS, STUART MORRISON, RICHARD F. HELKEN, LES PERKINS AND NORA WOMBLE, AS MEMBERS OF THE CIVIL SERVICE BOARD, CITY OF MIAMI, APPELLANTS,
v.
LAWRENCE B. J. WALSH, APPELLEE

Fla. 3d DCA | 1962-03-27
No. 61-674
Before HORTON, CARROLL and BARKDULL, JJ._
139 So. 2d 165 Florida District Court of Appeal, Third District (1962) Positive Treatment
Cited by 3 cases

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Synopsis

The City of Miami appealed a circuit court order that quashed the city manager's suspension of a police officer, finding that the Civil Service Board's not-guilty finding was supported by competent substantial evidence and that the city manager lacked authority to override it.


Holding

The court affirmed the circuit court's quashing of the city manager's suspension, holding that substantial competent evidence supported the Civil Service Board's not-guilty finding and that the city manager lacked authority to override the Board's determination.


Key Quotes

“whether or not there was competent substantial evidence adduced before the Civil Service Board to sustain the finding that the appellee was not guilty of the charge”

States the central legal question on appeal regarding the standard of review for Civil Service Board findings.

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Facts & Procedural History

Police officer Lawrence Walsh was suspended by the chief of police on January 20, 1961, for conduct unbecoming an employee based on absenting himself …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The City of Miami, the city manager, and the members constituting the Civil Service Board of the City of Miami, appeal an order granting the appellee’s petition for writ of certiorari, the effect of which was to quash, vacate and set aside an order of the city manager finding the appellee to be guilty of conduct unbecoming an employee and suspending the appellee for fifteen working days.

The appellants ostensibly pose two questions on appeal, but they appear to encompass the same principle — whether or not there was competent substantial evidence adduced before the Civil Service Board to sustain the finding that the appellee was not guilty of the charge. The circuit court, in its order granting the writ of certiorari and quashing the city manager’s order, found that the evidence before the Civil Service Board was in conflict but that the findings were not manifestly against the clear preponderance of the evidence, and accordingly granted the writ upon the authority of City of Miami v. Huttoe, Fla.1949, 38 So.2d 819, and City of Miami v. State ex rel. Houston, Fla.App.1958, 102 So.2d 176.

We have examined the testimony and the record of the proceedings before the Civil Service Board, and conclude, as did the able trial judge, that there was substantial competent evidence in the record which, if believed, would support the findings of the Civil Service Board. There is little we can add to this finding. The authorities relied upon by the trial judge for his conclusion enunciated the correct principles of law applicable to the facts in this case.

Accordingly, the order appealed is affirmed.


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Citator

Cited By

  • Reese v. Baron, 256 So. 2d 70 (Fla. 3d DCA 1971)
    …irector. Where a civil service board finds an employee not guilty then the city manager is compelled to sustain that finding if his review of the record reveals competent, substantial evidence to support it. See City of Miami v. Walsh, Fla.App.1962, 139 So. 2d 165; City of Miami v. State, Fla.App. 1958, 102 So. 2d 176; City of Miami v. Huttoe, Fla.1949, 38 So. 2d 819. Under these circumstances there is discretion as well as judicial authority in the city manager. Mandamus will lie to require a public, officer…
  • Exposito v. City Of Miami (11th Cir. Ct. App. Div. 2011)

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