K.D. EDWARDS, APPELLANT,
v.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, APPELLEE

Fla. 1st DCA | 1985-03-22
No. AX-93
THOMPSON and WIGGINTON, JJ., concur.
470 So. 2d 9 Florida District Court of Appeal, First District (1985) Positive Treatment
Cited by 4 cases

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Synopsis

K.D. Edwards, a state employee, challenged his dismissal for sexual harassment, arguing that his statements during a compelled investigative interview violated his privilege against self-incrimination. The Florida District Court of Appeal affirmed his dismissal, holding that public employees may be required to answer questions directly relating to their official duties under threat of disciplinary action.


Holding

While the privilege against self-incrimination applies in administrative proceedings of a penal character, public employees may be required to answer questions specifically, directly, and narrowly relating to their official duties under threat of dismissal, and such statements are admissible in disciplinary proceedings.


Headnotes

[1] A public employee may be dismissed for refusing to answer questions specifically, directly, and narrowly relating to the performance of their official duties.

[2] Advice to a public employee that refusal to answer questions relating to their employment may lead to disciplinary action does not preclude consideration of their stateme…

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Key Quotes

“while a public employee may not be dismissed for declining to expressly waive the privilege against self-incrimination, a refusal to answer questions "specifically, directly, and narrowly relating to the performance of ... official duties" may serve as a permissible basis for dismissal”

Establishes the central holding distinguishing public employees' rights from licensees in administrative proceedings

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Facts & Procedural History

A female employee under Edwards' supervision complained of sexual harassment. Edwards was required to participate in an investigative interview where …

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Opinion of the Court
WENTWORTH, Judge.

WENTWORTH, Judge.

Appellant seeks review of an order by which the Career Service Commission sustained appellant’s dismissal from employment for sexual harassment. We affirm the order appealed.

An investigative interview was held after a female employee under appellant’s supervision complained of sexual harassment. At the commencement of the interview appellant was instructed that the questions would relate “specifically and directly and narrowly ... to the performance of your official duties or fitness for office.” Appellant was then cautioned that a refusal to answer such questions may be a violation of agency rules and could possibly lead to further disciplinary action.1 During the course of the interview appellant made various admissions, and he was subsequently advised that his employment was being terminated for specific instances of sexual harassment.2 A Career Service Commission hearing was held, at which a transcript and tape recording of the investigative interview were admitted into evidence.

Appellant argues that his statements at the investigative interview were impermissibly compelled by the threat of disciplinary action, and that the statements therefore should not have been considered at the hearing before the Career Service Commission. In Kozerowitz v. Florida Real Estate Commission, 289 So. 2d 391 (Fla.1974), a case involving the revocation of a licensee’s registration, it was indicated that the privilege against compelled self-incrimination applies in administrative proceedings of a “penal” character. Accord, Vining v. Florida Real Estate Commission, 281 So. 2d 487 (Fla.1973).

However, in the present case appellant is a public employee rather than a licensee, and while a public employee may not be dismissed for declining to expressly waive the privilege against self-incrimination, a refusal to answer questions “specifically, directly, and narrowly relating to the performance of ... official duties” may serve as a permissible basis for dismissal. See Uniformed Sanitation Men Assoc. v. Commissioner of Sanitation of the City of New York, 392 U.S. 280, 88 S.Ct. 1917, 20 L.Ed.2d 1089 (1968); Gardner v. Broderick, 392 U.S. 273, 88 S.Ct. 1913, 20 L.Ed.2d 1082 (1968).

Appellant was thus properly advised at the investigative interview as to the potential consequences should he decline to answer questions relating to his employment, and such advice did not thereafter preclude consideration of appellant’s statements by the Career Service Commission.

The order appealed is affirmed.

THOMPSON and WIGGINTON, JJ., concur. . Rule 22A-7.10(7)(b), FAC, provides that an employee may be dismissed for just cause in- eluding "insubordination; willful violation of ... agency rules; conduct unbecoming a public employee_".

. Rule 15-3.01(6), FAC, establishes standards of disciplinary actions, including dismissal from employment, for instances of sexual harassment.


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Citator

Cited By

  • Dep't of Hwy. Safety & Motor Vehicles v. Corbin, 527 So. 2d 868 (Fla. 1st DCA 1988)
    …he accident. If a public employee fails to answer questions specifically, directly, and narrowly relating to the performance of his official duties, he is subject to dismissal at the discretion of the agency. See, Edwards v. Dept. of Highway Safety, 470 So. 2d 9 (Fla. 1st DCA 1985), rev. den. 476 So. 2d 673 (Fla.1985); Gardner v. Broderick, supra. [*873] The facts of this case do not present this issue, however, for Corbin never refused to answer the agency’s questions relating to the accident. As a matter…
  • Dep't OF Hwy. Safety & Motor Vehicles v. McINTYRE, 680 So. 2d 453 (Fla. 1st DCA 1996)
    …nd obtained a TRO precluding any interview with regard to the accident until his complaint could be adjudicated. On appeal, FHP seeks a reversal in reliance upon this court’s decisions in Edwards v. Department of Highway Safety and Motor Vehicles, 470 So. 2d 9, 10 (Fla. 1st DCA), rev. denied, 476 So. 2d 673 (Fla.1985), and Department of Highway Safety and Motor Vehicles v. Corbin, 527 So. 2d 868, 872 (Fla. 1st DCA), rev. denied, 534 So. 2d 399 (Fla.1988), contending that McIntyre is required to answer que…

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