FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, DIVISION OF RETARDATION, PETITIONER,
v.
CAREER SERVICE COMMISSION OF THE STATE OF FLORIDA, AND LOLA BELL CRUMBLE, RESPONDENTS
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The Florida Department of Health and Rehabilitative Services challenged the Career Service Commission's decision to reinstate an employee dismissed for unsatisfactory performance, arguing that the Commission's interpretation of personnel rules requiring discharge to be simultaneous with evaluation or followed by six months of continued employment was illogical and contrary to taxpayer interests.
The court granted the petition for writ of certiorari, finding the Commission's interpretation illogical and contrary to taxpayer interests. The court held that the Department was entitled to discharge an employee for continued unsatisfactory performance even after providing a rehabilitation period following an unsatisfactory evaluation.
[1] A government agency may discharge an employee for unsatisfactory performance following an opportunity for rehabilitation, even if the discharge does not occur simultaneou…
[2] Interpreting personnel rules to require retention of an unsatisfactory employee for a mandatory period after an evaluation, despite continued poor performance, is illogic…
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Join FLexlaw to unlock all legal intelligence“Essentially it is Respondents' position that if a career employee is to be discharged incident to an unsatisfactory evaluation, the discharge must be simultaneous with the evaluation or else the employee must be retained for an additional period of six months although his or her performance is totally unsatisfactory. Such an interpretation of Chapter 22A-9.03(F) is not only illogical but is certainly contrary to the best interests of the taxpayers of the State of Florida.”
The court articulates and rejects the Commission's interpretation of personnel rules as illogical and contrary to taxpayer interests.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Division of Retardation discharged employee Lola Bell Crumbie following an unsatisfactory evaluation. Crumbie appealed to the Career Service Commi…
The full statement of facts, procedural history, and disposition for this case are member content.
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BOYER, Judge.
We here consider a Petition for Writ of Certiorari to the Career Service Commission, State of Florida.
The Petitioner, Florida Department of Health and Rehabilitative Services, Division of Retardation, discharged an employee, Lola Bell Crumbie, who appealed to the Career Service Commission. The Career Service Commission ruled that the dismissal was based on Chapter 22A-9.-03(f) of the Personnel Rules and Regulations and that the dismissal was improper, whereupon the Commission ordered that the employee be reinstated with full back pay. Essentially it is Respondents’ position that if a career employee is to be discharged incident to an unsatisfactory evaluation, the discharge must be simultaneous with the evaluation or else the employee must be retained for an additional period of six months although his or her performance is totally unsatisfactory. Such an interpretation of Chapter 22A-9.03(F) is not only illogical but is certainly contrary to the best interests of the taxpayers of the State of Florida. Government is becoming increasingly large and unwieldly. A significant portion of the taxpayers’ dollar goes to pay government employees. Taxpayers, via their government, are entitled to have their employees perform a day’s work for a day’s pay. It was laudable for Petitioner to retain its employee after her unsatisfactory rating in order to afford her an opportunity to rehabilitate herself and become a useful and satisfactory employee. However, upon her failing so to do it would be utterly preposterous to require that she be retained as an employee for an additional six months.
Certiorari is granted and this cause is remanded for a hearing on the merits before the Career Service Commission not inconsistent herewith.
It is so ordered.
RAWLS, C. J., and McCORD, J., concur.
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State of Fla. Dep't OF Pollution Control v. State of Fla. Career Serv. Comm'n, 320 So. 2d 846 (Fla. 1st DCA 1975)…ests, are entitled to a day’s work for a day’s pay and to loyalty and fidelity of their employees. (Florida Department of Health and Rehabilitative Services, Division of Retardation v. Career Service Commission of State of Florida, Fla.App.1st 1975, 308 So. 2d 597.) The Petition for Writ of Certiorari is granted. The order of the State of Florida, Career Service Commission should be vacated and the order of Petitioner reinstated. Having so decided it is unnecessary for us to consider the other points raised…
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The City OF Clearwater v. Garretson, 355 So. 2d 1248 (Fla. 2d DCA 1978)…the rights of hardworking employees, we must still preserve the indispensable right of the employer to hire and fire within acceptable limits. As was pointed out in Florida Department of Health & Rehabilitative Services v. Career Service Commission, 308 So. 2d 597, 598 (Fla. 1st DCA 1975): Government is becoming increasingly large a,nd unwieldy. A significant portion of the taxpayers’ dollar goes to pay government employees. Taxpayers, via their government, are entitled to have their employees perform a day’…
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Bd. OF Regents of the State of Fla. v. Mahler, 320 So. 2d 850 (Fla. 1st DCA 1975)…s authority, as construed by this Court in Board of Regents of the State of Florida, etc. v. Videon and Career Service Commission, etc., Fla.App. 1st 1975, 313 So. 2d 433, and Florida Dept. of Health & R.S. v. Career Serv. Com’n., Fla.App. 1st 1975, 308 So. 2d 597, and State of Florida Department of Pollution Control v. State of Florida Career Service Commission et al., Fla. App., 320 So. 2d 846, opinion filed August 27, 1975. Accordingly, the Petition for Writ of Certiorari is Denied. BOYER, C. J., MILLS,…