DOROTHY LOUISE MIKELL, PETITIONER,
v.
STATE OF FLORIDA, DEPARTMENT OF ADMINISTRATION, RESPONDENT
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Florida appellate court granted certiorari to quash the State Personnel Director's summary rejection of an employee's appeal, holding that due process requires the Career Service Division to grant a hearing on dismissal claims rather than summarily rejecting them.
The State Personnel Director violated due process by summarily rejecting an employee's appeal without granting a hearing before the Career Service Division.
[1] A state personnel director violates due process by summarily rejecting an employee's appeal to the Career Service Division without affording the employee a hearing on the…
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Join FLexlaw to unlock all legal intelligence“Elementary concepts of due process were violated.”
Court's conclusion regarding the summary rejection of the appeal without a hearing
Petitioner was discharged by the Gilchrist County Commission on April 16, 1973, and filed an appeal to the Career Service Division. The State Personne…
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PER CURIAM.
By petition for writ of certiorari, petitioner seeks to have quashed respondent’s decision rejecting her appeal to the Career Service Division.
On April 16, 1973, petitioner was discharged from her job by the Gilchrist County Commission. She filed an appeal of her dismissal to the Career Service Division. On February 28, 1974, the State Personnel Director advised petitioner by letter that upon reviewing and investigating her alleged dismissal that she had no right to appeal under the Personnel Rules and Regulations.1 The letter further stated that the Board of County Commissioners contended that she abandoned her position and that she had refused to return to her previous employment and concluded with the following paragraph, viz:
“You will note that resignation by abandonment of position is not an action appealable to the Career Service Commission. Accordingly, we have no alternative but to reject your appeal for hearing before the Career Service Commission.”
Thus issues which petitioner sought to have reviewed were summarily rejected by the personnel director. Elementary concepts of due process were violated. The respondent is directed to forthwith grant petitioner an appeal by its Division of Career Services.
Petition for writ of certiorari is granted with directions that respondent forthwith comply with this opinion.
RAWLS, C. J., JOHNSON, J., and SPECTOR, SAM, Associate Judge (Retired), concur. . Rules and Regulations of the State of Florida 22A-7.10(2).