EMORY PAYNE, PETITIONER,
v.
RICHARD WILLE, RESPONDENT
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A sheriff demoted an employee based on a policy violation following a hearing before the department's Hearing Review Board. The court held that the demotion was purely executive action not subject to judicial review because the sheriff retained sole discretion to overrule the board's findings, even though a hearing was provided.
The demotion constitutes purely executive action not subject to judicial review. Although a hearing was provided, the sheriff's retained sole discretion to overrule the board's findings means the ultimate decision is executive rather than quasi-judicial, distinguishing it from situations where a board's judgment is contingent on the showing made at a hearing.
[1] Demotion by a sheriff is an executive action, not subject to judicial review, when the sheriff retains the sole discretion to approve or disapprove recommendations and ov…
[2] Judicial review is available for the removal or suspension of a public employee only when the ultimate judgment of an official or board is contingent upon approval after…
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Join FLexlaw to unlock all legal intelligence“where one holds office at the pleasure of the appointing power and the power of appointment is coupled with the power of removal contingent only on the exercise of personal judgment by the appointing authority, then the decision to remove or dismiss is purely executive and not subject to judicial review”
Establishes the legal standard for determining whether an administrative action is executive or quasi-judicial
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Join FLexlaw to unlock all legal intelligencePetitioner Emory Payne was demoted by Sheriff Richard Wille after the Hearing Review Board of the Palm Beach County Sheriff's Office recommended disci…
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PER CURIAM.
The respondent/sheriff, after a recommendation of his department’s Hearing Review Board, demoted petitioner for a policy violation. Petitioner then filed a petition for writ of certiorari in the circuit court pursuant to Florida Rule of Appellate Procedure 9.030(e)(2). Because demotion by the sheriff was executive action, which is not subject to review, rather than judicial or quasi-judicial action, which is subject to review, the circuit court dismissed the petition, citing De Groot v. Sheffield, 95 So. 2d 912, 914-15 (Fla.1957). In De Groot, our supreme court explained:
[Wjhere one holds office at the pleasure of the appointing power and the power of appointment is coupled with the power of removal contingent only on the exercise of personal judgment by the appointing au thority, then the decision to remove or dismiss is purely executive and not subject to judicial review-if removal or suspension of a public employee is contingent upon approval by an official or a board after notice and hearing, then the ultimate judgment of such official or board based on the showing made at the hearing is subject to appropriate judicial review. The reason for the difference is that when notice and a hearing are required and the judgment of the board is contingent on the showing made at the hearing, then its judgment becomes judicial or quasi-judicial as distinguished from being purely executive.
In Chapter 93-367, Laws of Florida, the legislature passed a special act addressing disciplinary actions of employees of the Palm Beach County Sheriffs Office. Although the act permits an employee subject to disciplinary action to request a hearing before the Hearing Review Board, the act further provides that the sheriff may approve or disapprove the board’s recommendation and has the sole discretion to overrule the findings of the board. Ch. 93-367, § 2(5)(d), at 97, Laws of Fla. We conclude that the action about which petitioner complains is an executive decision which was not subject to review under De Groot, and the circuit court was therefore correct in dismissing his petition. Certiorari denied.
WARNER, KLEIN and STEVENSON, JJ., concur.
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LEE Cnty. v. Harsh, 44 So. 3d 239 (Fla. 2d DCA 2010)…ducted a hearing on the employees’ grievances, the county manager was not bound by the grievance committee’s recommendation, and he rendered his decision without conducting a hearing. The facts of this case are analogous to those in Payne v. Wille, 657 So. 2d 964 (Fla. 4th DCA 1995). In Payne, a sheriffs department employee was demoted by the sheriff upon recommendation of a hearing review board. Id. at 964. The employee filed a petition for writ of certiorari in the circuit court, and the circuit court dism…
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Vazquez v. The Hous. Auth. OF the City OF Homestead, 774 So. 2d 813 (Fla. 3d DCA 2000)…ces, we believe that any due process rights assert [*815] ed by Vazquez were clearly protected. As such, the decision of the circuit court declining jurisdiction was correct. See De Groot v. Sheffield, 95 So. 2d 912, 915 (Fla. 1957); Payne v. Wille, 657 So. 2d 964, 964-65 (Fla. 4th DCA 1995); Board of Pub. Instr. of Dade County v. McQuiston, 233 So. 2d 168 (Fla. 3d DCA 1970). Petition for writ of certiorari denied.…
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Grob v. Bieluch, 889 So. 2d 85 (Fla. 4th DCA 2004)…performance. Thus, Grob was not entitled to a hearing under the act. Moreover, Grob failed to timely request a hearing. Even if Grob was entitled to such a hearing, he still would not have been entitled to his requested relief. In Payne v. Witte, 657 So. 2d 964 (Fla. 4th DCA 1995), a deputy sheriff who was demoted brought a petition for certiorari after the recommendation of the department’s hearing review board demoted him for a policy violation. The court held that although Chapter 93-367 permits an empl…
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- de Groot v. Sheffield, 95 So. 2d 912 (Fla. 1957)