FLORIDA A & M UNIVERSITY, AN INSTITUTION OWNED AND OPERATED BY THE STATE OF FLORIDA, PETITIONER,
v.
ALTHEA M. LEWIS ET AL., RESPONDENTS
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The Commission cannot change an agency's dismissal to a suspension if just cause for dismissal exists, as the agency has sole discretion in determining the penalty.
[1] An administrative agency has sole discretion to determine whether to dismiss or suspend an employee for just cause, absent specific guidelines dictating otherwise.
[2] An administrative commission on appeal may only determine whether competent substantial evidence sustains agency action or whether the facts establish just cause.
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Join FLexlaw to unlock all legal intelligenceAn employee was dismissed by the University for conduct unbecoming a public employee after being convicted of issuing bad checks. The Commission chang…
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MILLS, Judge.
The University seeks review of an order of the Commission which changed the University’s dismissal of its employee, Lewis, to a thirty-day suspension and reinstatement with full back pay. The issue before us is whether the Commission may determine that there was just cause for the dismissal of Lewis, but change the dismissal to a suspension.
Lewis was convicted of issuing two bad checks and sentenced to thirty days in the county jail. Because of this, the University dismissed Lewis on the ground of conduct unbecoming a public employee.
Lewis appealed to the Commission who changed the dismissal to a thirty-day suspension, because in its opinion the action of the University was too severe under the circumstances presented to it.
Sections 22A-7.10G.2 and 22A-7.-10F.2 of Chapter 22A.7, Florida Administrative Rules, provide that an agency may dismiss or suspend an employee for just cause, which includes conduct unbecoming a public employee. The grounds for dismissal and suspension are the same. There is no guideline for determining when an agency must dismiss rather than suspend. Therefore, the agency has sole discretion to determine whether to dismiss or to suspend an employee, subject only to just cause. On appeal, the Commission may only determine whether there was competent substantial evidence to sustain the agency action or whether the facts establish just cause. State Department of Pollution Control v. State Career Service Commission (Hummel), 320 So. 2d 846 (Fla.App. 1st, 1975). In the case before us, the Commission had to agree that just cause existed for the dismissal of Lewis, because otherwise there is no basis for the Commission’s order of suspension. The Commission, finding no error in the action taken by the University, erred in ordering the suspension and reinstatement of Lewis with full back pay.
The petition for writ of certiorari is granted. The order of the Commission is quashed, and the dismissal of Lewis by the University is reinstated.
BOYER, C. J., and McCORD, J., concur.
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The Sch. Bd. OF Pinellas Cnty. v. Walter B. Noble & the State Bd. of Educ., 384 So. 2d 205 (Fla. 1st DCA 1980)…ton v. State of Florida, Division of Occupations, 354 So. 2d 77 (Fla. 1st DCA 1978), and by the Career Service Commission, State Dept. of Pol. Con. v. State Career Serv. Com’n, 320 So. 2d 846 (Fla. 1st DCA 1975); Florida A. & M. University v. Lewis, 327 So. 2d 862 (Fla. 1st DCA 1976); Collins v. Florida Department of Offender Rehabilitation, 355 So. 2d 131 (Fla. 1st DCA 1978); Woodworth v. Department of Education, 369 So. 2d 1040 (Fla. 4th DCA 1979), holding that the employing agency has sole discretion to de…
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Collins v. Fla. Dep't OF Offender Rehab., 355 So. 2d 131 (Fla. 1st DCA 1978)…otion (f) Suspension (g) Discharge” We also agree that the Commission was correct in determining and stating that the designated hearing officer is vested only with such authority as the Commission possesses. In Florida A & M University v. Lewis, 327 So. 2d 862 (Fla. 1st DCA 1976) Judge Mills, speaking for this court, said: “ * * * The grounds for dismissal and suspension are the same. There is no guideline for determining whether an agency must dismiss rather than suspend. Therefore, the agency has sole…1 / 2
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The City OF Clearwater v. Garretson, 355 So. 2d 1248 (Fla. 2d DCA 1978)…he Career Service Commission — to determine the disciplinary action to be taken. Collins v. Florida Department of Offender Rehabilitation, 355 So. 2d 131, Case No. GG-364 (Fla. 1st DCA, filed January 26, 1978). See Florida A & M University v. Lewis, 327 So. 2d 862 (Fla. 1st DCA 1976); State Department of Administration v. Hunter, 323 So. 2d 24 (Fla. 1st DCA 1975). In the instant case the Board exceeded its authority. There was competent substantial evidence in the record to support a “just cause” termination…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. Dep't OF Pollution Control v. State of Fla. Career Serv. Comm'n, 320 So. 2d 846 (Fla. 1st DCA 1975)