THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDA, APPELLANT,
v.
FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION ET AL., APPELLEES
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The School Board of Sarasota County challenged an administrative decision by the Public Employees Relations Commission regarding union representation elections and employee classifications. The appellate court affirmed PERC's decision with one modification, finding that PERC erred in failing to designate the coordinator of evaluation services as a managerial position, though the court declined to reverse the elections despite PERC's violation of statutory time limits.
PERC's decision was affirmed except that the coordinator of evaluation services position must be designated as managerial, not as PERC determined. Although PERC violated the 90-day statutory deadline, the violation did not warrant reversal because the school board was partially responsible for the delay through its 94 exceptions.
[1] A position is managerial if the undisputed evidence clearly qualifies it as such, notwithstanding an administrative agency's determination to the contrary.
[2] An administrative agency's failure to comply with statutory time limits for issuing a final order does not warrant reversal if the delay did not result in severe prejudic…
Previewing 2 of 3 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“PERC did determine that the school board's coordinator of evaluation services did not occupy either a managerial or confidential position. The evidence relating to that position was undisputed and clearly qualified the position as managerial, and such designation is hereby given such position.”
The court's reversal of PERC's classification decision regarding the coordinator of evaluation services, which the evidence clearly supported as managerial.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe School Board of Sarasota County sought judicial review of PERC's decision concerning an employee election and classification of certain positions …
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
The School Board of Sarasota County petitions for judicial review of an administrative decision of the Public Employees Relations Commission. It cites numerous alleged errors, including the conducting of an election under the circumstances of this case, failure of PERC to comply with statutory time requirements1 and the failure of PERC to designate certain employees as managerial or confidential.
The court finds that all of the points on appeal have been determined according to law and that PERC, in its handling of the cause, committed no reversible error, except as hereinafter set forth.
PERC did determine that the school board’s coordinator of evaluation services did not occupy either a managerial or confidential position. The evidence relating to that position was undisputed and clearly qualified the position as managerial, and such designation is hereby given such position. In all other respects, the orders are affirmed.
The request for attorney fees and costs is denied.
HOBSON, Acting C. J., OTT, J., and HENSLEY, ROBERT E., Associate Judge, concur. . We note that PERC exceeded the 90-day time limit for its final order in violation of Section 120.59, Florida Statutes. The school board argues that this delay resulted in severe prejudice in that the elections were scheduled during the last hectic week of the school year. PERC contends that the delay was necessary in order to respond to the 94 exceptions filed by the school board and the extensive arguments presented in the brief.
The school board has not maintained that the elections were unfairly conducted because of the delay, but only that the timing was inconvenient to its personnel. We are unable to agree that the error was so prejudicial as to warrant a reversal and new election on that basis. This is true only because the school board was partially responsible for the additional time required to investigate the 94 exceptions. We once again caution PERC that it should make every effort to comply with the 90-day limitation in rendering its orders. If the complexity of the case appears to require more than 90 days, PERC has the option of requesting a stipulation for a waiver or extension of the time limit. § 120.59(1), Fla.Stat.
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Lewis v. Dep't OF Prof'l Reg., 410 So. 2d 593 (Fla. 2d DCA 1982)…a time violation for which no extenuating circumstances existed adversely affected the fairness of the proceedings and constituted a material error in procedure) with School Board of Sarasota County v. Florida Public Employees Relations Commission, 382 So. 2d 1361, 1362 n.1 (Fla. 2d DCA 1980) (reversal not justified on grounds of a time violation where extenuating circumstances existed and no severe prejudice was shown). In the case at bar, Lewis has not demonstrated that the time violation resulted in severe…