RON COCHRAN, SHERIFF OF BROWARD COUNTY, FLORIDA, APPELLANT,
v.
BROWARD COUNTY POLICE BENEVOLENT ASSOCIATION, INC., APPELLEE
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The appellate court held that an arbitrator's use of a higher evidentiary standard than required is not a ground for vacating an arbitration award.
An arbitrator found a sheriff lacked just cause to discharge an employee and ordered reinstatement, using a clear and convincing evidence standard ins…
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KLEIN, Judge.
The sheriff appeals an order of the circuit court which refused to vacate an arbitrator’s decision. The arbitrator found that the sheriff did not have just cause to discharge Joseph Bellevance as a result of a jail incident, and ordered that Bellevance be reinstated. The sheriff argues that the arbitration award should have been vacated on the ground that the arbitrator required clear and convincing evidence rather than preponderance of the evidence in determining whether the sheriff had estáblished good cause to discharge Bellevance.
The arbitrator did use the higher standard, explaining that he did so in discharge cases because a discharge would be an “unfavorable reflection on the moral character of the employee which is almost impossible to erase,” and would seriously affect his ability to obtain employment elsewhere.
Although the arbitrator did not have to apply the higher standard in this case, the sheriff has not provided us with any authority holding that this would be a ground for vacating an arbitration award under section 682.13, Florida Statutes (1993). According to Schnurmacher Holding, Inc. v. Noriega, 542 So. 2d 1327 (Fla.1989) a trial court has no authority to overturn an arbitration award except for a ground contained in the statute, and awards will not be set aside for mere errors of judgment as to the law.
We conclude that the standard of proof utilized by the arbitrator is not a ground for vacating the award. Nor are any of the arguments asserted by the sheriff. We therefore affirm.
GLICKSTEIN and SHAHOOD, JJ., concur.
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Computer Task Grp., Inc. v. Palm Beach Cnty., 782 So. 2d 942 (Fla. 4th DCA 2001)…tor’s findings. Schnurmacher Holding, Inc. v. Noriega, 542 So. 2d 1327, 1328-9 (Fla.1989). Arbitrators’ awards may not be vacated on the ground that the arbitrator made an error of law. See id. at 1329; Cochran v. Broward County Police Benev. Ass’n, 693 So. 2d 134, 135 (Fla. 4th DCA 1997). The arbitrator is the sole judge of the facts and the weight to be given to the evidence. See City of West Palm Beach v. Palm Beach County Police Benev. Ass’n, 387 So. 2d 533, 534 (Fla. 4th DCA 1980). Appellant claims tha…
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City OF Tallahassee v. The BIG Bend Police Benevolent Ass'n, 710 So. 2d 214 (Fla. 1st DCA 1998)…derance of evidence standard was required, the arbitrator’s use of the stricter standard is not a basis for vacating the arbitrator’s decision under section 682.13(1), Florida Statutes (1995). Cochran v. Broward County Police Benevolent Ass’n, Inc., 693 So. 2d 134 (Fla. 4th DCA 1997). The grounds listed in section 682.13(1) are the only basis on which an arbitrator’s award may be vacated. See Schnurmacher Holding, Inc. v. Noriega, 542 So. 2d 1327 (Fla.1989). In Cochran, a sheriff appealed an order which refus…1 / 2
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Dalem v. Dep't OF Corr. & State of Fla., 720 So. 2d 575 (Fla. 4th DCA 1998)…e. However, the hearing officer and commission correctly applied the preponderance of the evidence standard which is consistently applied in cases involving the termination of employment. See Cochran v. Broward County Police Benevolent Ass’n., Inc., 693 So. 2d 134 (Fla. 4th DCA 1997); Florida Dep’t of HRS v. Career Serv. Comm’n, 289 So. 2d 412, 414 (Fla. 4th DCA 1974) ( in reviewing the sufficiency of the evidence to support an agency’s discharge of an employee, the yardstick to be applied is preponderance of…
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- Schnurmacher Holding, Inc. v. Noriega, 542 So. 2d 1327 (Fla. 1989)