RAMSEY_V._MINA_ _2022 CA 3 O_ _6.16.2024
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Deputy John Ramsey sought certiorari review of his disciplinary termination by the Orange County Sheriff. The Ninth Judicial Circuit Court held it lacked jurisdiction to review the Sheriff's discretionary executive decisions but could review whether the Disciplinary Appeals Board followed statutory and policy mandates. The petition was denied due to an inadequate record.
The court lacks jurisdiction to review the Sheriff's discretionary executive decisions under Payne v. Wille, but has jurisdiction to review whether the Board correctly followed mandates of the OCSO Career Service Act and OCSO General Order 5.1.0. The petition was denied because the record was inadequate to demonstrate Ramsey's allegations and Ramsey failed to supplement the appendix despite notice.
[1] A court has jurisdiction to review whether a disciplinary board followed statutory mandates or implementing policy documents, even if it lacks jurisdiction to review the…
[2] An appellate court may find that compliance with the rule requiring an opportunity to supplement the appendix has been waived when a party repeatedly fails to supplement…
Previewing 2 of 4 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“The Sheriff asserts that this Court does not have jurisdiction to review his discretionary, executive decisions, citing Payne v. Wille, 657 So. 2d 964 (Fla. 4th DCA 1995). We agree.”
Establishes lack of jurisdiction to review discretionary executive decisions
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRamsey, a deputy with the Orange County Sheriff's Office, was disciplined by Sheriff John W. Mina based on a recommendation from the OCSO Disciplinary…
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JOHN W. MINA, in his official capacity as ORANGE COUNTY SHERIFF, Respondent. Petition for Writ of Certiorari from the Disciplinary Appeals Board/Sheriff, Orange County Sheriff's Office Richard P. Siwica, Esq., Orlando, of Egan, Lev & Siwica, P.A., for Petitioner. Nicholas A. Shannin, Esq., Orlando, of Shannin Law Firm, P.A., for Respondent.
PERCURIAM.
Petitioner John Ramsey ("Ramsey"), a deputy of the Orange County Sheriff's Office ("OCSO"), filed this petition seeking certiorari review of a disciplinary decision of John W. Mina as Orange County Sheriff ("the Sheriff') and recommendation of the OCSO Disciplinary Appeals Board (the "Board"). [*2] The Sheriff asserts that this Court does not have jurisdiction to review his discretionary, executive decisions, citing Payne v. Wille, 657 So. 2d 964 (Fla. 4th DCA 1995). We agree. However, to the extent that Ramsey contends that the Board making a recommendation to the Sheriff did not correctly follow mandates of the OCSO Career Service Act, Ch. 89-507, Laws of Florida, or its implementing policy document, OCSO General Order 5.1.0, we find that we have jurisdiction. See Bradshaw v. Mickins, 946 So. 2d 1237, 1239 (Fla. 4th DCA 2007); Harrison v. Neumann, 760 So. 2d 1015, 1016 (Fla. 4th DCA 2000), rev. dismissed, 816 So. 2d 128 (Fla. 2001). Regardless, the record in this case is inadequate to demonstrate Ramsey's allegations that the Board's decision, adopted by the Sheriff, was not supported by competent, substantial evidence or that the OCSO failed to afford him adequate due process protections. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979). While Florida Rule of Appellate Procedure 9.220(a) mandates that no proceeding shall be determined until an opportunity to supplement the appendix has been given, this Court determines that compliance with that rule has been waived. See Sullivan v. Sullivan, 791 So. 2d 1119 (Fla. 4th DCA 2000); Moment v. State, 773 So. 2d 577, 578-79 (Fla. 4th DCA 2000); Cirillo v. Davis, 732 So. 2d 387, 389 (Fla. 4th DCA 1999); Chery v. City of Aventura, 27 Fla. L. Weekly Supp. 852a (Fla. 11th Cir. Ct. December 4, 2019). The Sheriff has twice Page2 of 4 2022-CA-000003-O [*3] pointed out the deficiency in the record related to Ramsey's filings, and Ramsey has failed to supplement his appendix.1 We have considered the issues raised to the extent that we have jurisdiction and a review of the transcript of the proceedings below is not required, and we find them to be without merit. Petition DENIED. DONE and ORDERED in Chambers, at Orlando, Orange County, Florida, on this 16th __ day of __ June ____ , 2024. \,J, ~ 1°, r oo, eS ood Mike M h
MIKE MURPHY
Circuit Judge LEACH and TYNAN, JJ., concur. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED.
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- Cirillo v. Davis, 732 So. 2d 387 (Fla. 4th DCA 1999)
- Emory Payne v. Wille, 657 So. 2d 964 (Fla. 4th DCA 1995)
- Harrison v. Neumann, 760 So. 2d 1015 (Fla. 4th DCA 2000)
- Ric L. Bradshaw v. Mickins, 946 So. 2d 1237 (Fla. 4th DCA 2007)