CITY OF MIAMI, A MUNICIPAL CORPORATION IN THE STATE OF FLORIDA, M. L. REESE, CITY MANAGER, DIRECTOR OF PUBLIC SAFETY, CITY OF MIAMI, AND WILLIAM DOCK, H. STUART MORRISON, CHADWICK KAYE, JAMES T. HURLEY AND NORA WOMBLE, AS MEMBERS OF THE CIVIL SERVICE BOARD, CITY OF MIAMI, APPELLANTS,
v.
RONALD O. ZINKEL, APPELLEE
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The appellate court affirmed a circuit court order that quashed a city's disciplinary action against an employee. The court found that the charge against the employee, for giving truthful testimony in a judicial proceeding on a specific date, did not constitute a punishable offense under city ordinances.
No, giving truthful testimony in a judicial proceeding on the date charged could not constitute "conduct unbecoming an employee" under the city's charter and ordinances.
“The act alleged to have been a violation on May 8, 1964 was the giving of true testimony in a judicial proceeding. This could not, at this date, constitute "conduct unbecoming an employee of the City of Miami" in violation of the charter and ordinances of the muncipality.”
This quote explains the core reasoning for quashing the disciplinary action, highlighting that the specific act charged did not fit the definition of a punishable offense on the date it occurred.
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Join FLexlaw to unlock all legal intelligenceThe City Manager upheld the Civil Service Board's decision to suspend an employee for thirty days and reduce his rank. The employee was charged with c…
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This appeal involves the correctness of a circuit court order quashing an order of the City Manager of the appellant City, which upheld the recommendations of the Civil Service Board, which suspended the appellee for thirty days and reduced him in rank. The circuit judge quashed the disciplinary action upon the basis that the “charge” contained in the original notice of alleged violation by the appellee failed to state facts as of the date charged, to wit: May 8, 1964, which would constitute a punishable offense under the charter and ordinances of the municipality. We affirm. See: State ex rel. Hawkins v. McCall, 1947, 158 Fla. 655, 29 So.2d 739.
*677The act alleged to have been a violation on May 8, 1964 was the giving of true testimony in a judicial proceeding. This could not, at this date, constitute “conduct unbecoming an employee of the City of Miami” in violation of the charter and ordinances of the muncipality. However, this affirmance is without prejudice as to any other rights the City might have as to alleged violations on any other date.
Affirmed.