STATE OF FLORIDA, DEPARTMENT OF ADMINISTRATION, OFFICE OF ADMINISTRATIVE SERVICES, PETITIONER,
v.
ROBERT R. HUNTER, JR., AND ED DUFFEE, JR., ET AL., RESPONDENTS
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The Florida Department of Administration challenged a Career Service Commission's decision to reduce an employee's dismissal to a 90-day suspension. The court held that the Commission lacked statutory authority to modify an agency's disciplinary action when just cause existed, and could only affirm or order reinstatement.
The Commission lacked statutory authority to alter or modify an agency's dismissal action. The Commission's sole authority under the relevant statute is to affirm the agency's action or order reinstatement with or without back pay. When just cause is established by competent substantial evidence, the agency's discretion to choose dismissal over suspension is not subject to modification by the Commission.
[1] The Career Service Commission's role is to determine if competent substantial evidence supports an agency's disciplinary action and if the facts establish just cause.
[2] A Career Service Commission cannot modify an agency's disciplinary action if just cause for the action is supported by competent, substantial evidence.
Previewing 2 of 5 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“sole discretion to determine whether the employee is to be dismissed or suspended is vested in the agency, the only limitation being that the disciplinary action must be for just cause”
Establishes the agency's discretion in choosing disciplinary measures subject to the just cause requirement
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Join FLexlaw to unlock all legal intelligenceThe Department of Administration terminated Robert R. Hunter, Jr.'s employment for willful insubordination. The Career Service Commission on appeal fo…
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SACK, MARTIN, Associate Judge.
By Petition for Writ of Certiorari, Petitioner challenges the order of Respondent Career Servicé Commission altering petitioner’s termination of the employment of Respondent Hunter and reducing the punishment imposed on Respondent Hunter, to a suspension for 90 days without pay.
In view of our past holdings, we again reiterate that “. . . sole discretion to determine whether the employee is to be dismissed or suspended is vested in the agency, the only limitation being that the disciplinary action must be for just cause. The role of the Career Service Commission on appeal is to determine whether there existed competent substantial evidence to sustain the action taken by the agency and whether the facts establish ‘just cause’.” State of Florida Department of Pollution Control v. State of Florida Career Service Comm. (Hummel), Fla. App. 1st 1975, 320 So. 2d 846. As in the Hummel case, Respondent Commission determined that there was just cause for the action taken by the employing agency but decided to modify that action. Because Petitioner’s finding of just cause (i. e., willful insubordination) was supported 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 agency or order that the employee be reinstated, with or without back pay. F.S. 110.061(3) provides in pertinent part: “The Career Service Commission may order the reinstatement of an employee, with or without back pay, which order shall be conclusive on the agency or officer concerned.” Thus, the Commission acted outside the scope of its statutory authority in altering Respondent Hunter’s dismissal to a 90-day suspension without pay.
Certiorari is granted, and the order of the Career Service Commission dated April 25, 1975, is quashed. The cause is remanded with directions that the Petitioner’s order of dismissal be reinstated.
BOYER, Chief Judge, and SMITH, J., concur.
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Fla. Dep't of Offender Rehab. v. Dunlap, 344 So. 2d 608 (Fla. 1st DCA 1977)…to sustain the action taken by the agency and whether the facts establish ‘just cause’.” State Department of Pol. Conv. v. State Career Serv. Com’n., 320 So. 2d 846, 848 (Fla. 1st DCA 1975). Cf., State, Dept. of Adm., Office of Adm. Serv. v. Hunter, 323 So. 2d 24 (Fla. 1st DCA 1975). We hold under the facts of this case petitioner was within its authority to dismiss Dunlap and Tetstone, and that the Commission, finding no error of fact nor of law in the actions of petitioner, erred in ordering reinstatement…
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State of Fla. Dep't OF Env't Reg. v. Gilmour, 352 So. 2d 1274 (Fla. 1st DCA 1977)…ubstantial evidence supporting the dismissal action taken by the employing agency and that the State of Florida, Career Service Commission, exceeded its authority in entering the order on review. State, Dept. of Adm., Office of Adm. Serv. v. Hunter, 323 So. 2d 24 (Fla. 1st DCA 1976). To paraphrase the common sense doctrine proclaimed in the Colony of Plymouth, “No work, no job, no pay”. The Petition for Review is granted and the Order of the Career Service Commission is quashed. McCORD, C. J., and BOYER, J…
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The City OF Clearwater v. Garretson, 355 So. 2d 1248 (Fla. 2d DCA 1978)…ollins v. Florida Department of Offender Rehabilitation, 355 So. 2d 131, Case No. GG-364 (Fla. 1st DCA, filed January 26, 1978). See Florida A & M University v. Lewis, 327 So. 2d 862 (Fla. 1st DCA 1976); State Department of Administration v. Hunter, 323 So. 2d 24 (Fla. 1st DCA 1975). In the instant case the Board exceeded its authority. There was competent substantial evidence in the record to support a “just cause” termination of the ap-pellee. The Board’s own findings mandate such a conclusion. In the fac…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. Dep't OF Pollution Control v. State of Fla. Career Serv. Comm'n, 320 So. 2d 846 (Fla. 1st DCA 1975)
- Bd. OF Regents of the State of Fla. v. Hopkins, 312 So. 2d 775 (Fla. 1st DCA 1975)
- State of Fla. Dep't of Hwy. Safety & Motor Vehicles v. Hunter, 317 So. 2d 779 (Fla. 1st DCA 1975)