STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF FLORIDA HIGHWAY PATROL, PETITIONER,
v.
JERRY HUNTER, AND CAREER SERVICE COMMISSION OF THE STATE OF FLORIDA DEPARTMENT OF ADMINISTRATION, RESPONDENTS
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The Florida Department of Highway Safety and Motor Vehicles sought certiorari review of a Career Service Commission order that reversed the dismissal of custodial worker Jerry Hunter. The court held that the Commission erred in finding the dismissal too harsh when the employee committed unauthorized absences and discharge was the authorized penalty, and quashed the Commission's order.
The court held that the Commission erred in reversing the dismissal. The Commission's finding that dismissal was too harsh a disciplinary action was not supported by competent substantial evidence, and when an employee commits an offense for which discharge is the authorized penalty and there is no justification for the act, the dismissal should be upheld.
[1] A state agency may dismiss an employee for a second offense of unauthorized absence from duty, as provided by its rules and regulations.
[2] A Career Service Commission's finding that dismissal is too harsh a disciplinary action may be overturned if there is competent substantial evidence supporting the employ…
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 authorized penalty for commission of the offense was discharge. The evidence showed and the Commission found that the employee had committed the offense and there was no finding showing justification for the act.”
Establishes that discharge was the proper authorized penalty and Hunter's actions were unjustified
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Join FLexlaw to unlock all legal intelligenceJerry Hunter was employed as a custodial worker by the Department of Highway Safety and Motor Vehicles. He was absent without authorized leave on July…
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McCORD, Judge.
This is a petition for writ of certiorari to review an order of the Career Service Commission of the State of Florida.
Respondent Jerry Hunter was employed by petitioner in 1957 as a janitor and was subsequently reclassified as a custodial worker in which capacity he was employed on the date of his dismissal. He was dismissed by petitioner because of absence from duty without authorized leave on two occasions. The first absence was on July 5 and 6, 1972, for which he received a two-day suspension and the recent absence which precipitated his dismissal was on June 7, 10, and 11, 1974. Respondent Commission found from the evidence presented before it that Hunter was absent without leave as above stated; that disciplinary action was necessary and that the rules and regulations of petitioner (which had been approved by the State Personnel Director) provide that a second offense of unauthorized leave by an employee may be punishable by dismissal. The Commission then found that in view of the fact that the first offense resulted in a two-day suspension and occurred in 1972, the dismissal was too harsh a disciplinary action. It reversed the dismissal and ordered that Hunter be reinstated without pay.
Upon consideration of the record, briefs and argument of counsel, we find there was competent substantial evidence to support all of the above findings of the Commission with the exception of its conclusion that dismissal was too harsh a disciplinary action. The authorized penalty for commission of the offense was discharge. The evidence showed and the Commission found that the employee had committed the offense and there was no finding showing justification for the act. If discipline is to be enforced among employees in state agencies, such agencies should not be required to reinstate employees they have discharged for just cause.
Certiorari is granted and the order of the Career Service Commission of October 15, 1974, is quashed.
RAWLS, Acting C. J., and HARDING, MAJOR B., Associate Judge, concur.
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State v. Hunter, 323 So. 2d 24 (Fla. 1st DCA 1975)…ported by competent, substantial evidence in the record, the Commission was without authority to alter or modify Petitioner’s order of dismissal. See also State of Florida Department of Highway Safety and Motor Vehicles v. Hunter, Fla.App. 1st 1975, 317 So. 2d 779 and Board of Regents v. Hopkins, Fla.App. 1st 1975, 312 So. 2d 775. We further note that the statute relative to the Career Service Commission’s authority does not empower the Commission to alter or modify an agency’s action but only to affirm the…