PASCO COUNTY SCHOOL BOARD, PETITIONER,
v.
THE PUBLIC EMPLOYEES RELATIONS COMMISSION, RESPONDENT
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The Pasco County School Board sought to compel the Public Employees Relations Commission to include 29 specific items in the appellate record, including tape recordings and deliberative session materials. The court held that most of these items fell outside the scope of what must be included in an administrative appellate record under Florida Statutes Section 120.68(5), and granted PERC's motion to strike the directions while requiring inclusion only of materials within the statutory framework.
PERC's motion to strike was granted. Materials not referred to in evidence received or proffered at the hearing are not properly included in the appellate record. PERC must include only those items specified by the School Board that fall within the purview of Section 120.68(5), Florida Statutes, plus the omitted transcript.
[1] A record for judicial review of an administrative proceeding must include material referred to in the evidence received or proffered at the hearing.
[2] An agency is responsible for preparing the record for judicial review, including specific materials described in statute when the proceeding affects a substantial interes…
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Join FLexlaw to unlock all legal intelligence“It is PERC's responsibility to prepare a record for judicial review prescribed by Section 120.68(5), F.S. (1975), including, when the proceeding is one which affects a substantial interest of a party, the specific material described in Section 120.57(1)(b)5, F.S. (1975).”
Establishes the statutory framework governing what materials must be included in the appellate record in administrative proceedings.
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Join FLexlaw to unlock all legal intelligenceThe School Board filed directions to PERC designating 29 items to be included in the record on appeal, including magnetic tape recordings of a ULP hea…
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On Motion to Strike Directions to Agency Regarding Record on Appeal
PER CURIAM.
Petitioner, Pasco County School Board (School Board), filed its Directions to Agency Regarding Record on Appeal, which delineates some 29 items it deemed to be proper matters for respondent, Public Employees Relations Commission (PERC) to incorporate in the already voluminous record filed in this cause. Examples of the items designated are:
“1. All magnetic cassette and/or any other tape recordings made by Public Employees Relations Commission (hereinafter ‘PERC’) staff personnel of the ULP hearing before PERC on January 14,1976 from which the transcript designated item No. 4, Volume III of the Record on Appeal filed by PERC on May 11, 1976 was transcribed.
“14. All notes, memoranda, reports, minutes and any other documents or recordings of any deliberative sessions held among any commissioners of PERC relative to the instant consolidated case or any of its subparts.”
PERC now moves to strike the subject directions, primarily, on the grounds that same are not within the purview of Section 120.68(5), Florida Statutes (1975). We agree. The instant motion to strike, except as hereinafter provided, is granted.
It is PERC’s responsibility to prepare a record for judicial review prescribed by Section 120.68(5), F.S. (1975), including, when the proceeding is one which affects a substantial interest of a party, the specific material described in Section 120.57(1)(b)5, F.S. (1975). The great bulk of the material described in the School Board’s directions to PERC was never referred to in the evidence received or proffered at the hearing. Such material is, therefore, not properly to be included in the record for judicial review. In proceedings for administrative determination of the invalidity of a rule by Section 120.56, F.S. (1975), it is, of course, PERC’s responsibility to identify in writing all documents considered by it before its action and used as a basis for its action. Section 120.68(5)(c), F.S. (1975).
PERC shall file in the record for judicial review the omitted transcript and those items specified which fall within the purview of Section 120.68(5), F.S. (1975). PERC’s motion to strike the School Board’s directions is otherwise granted.
It is so ordered.
RAWLS, Acting C. J., and MILLS and SMITH, JJ., concur.
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Occidental Chem. Co. v. Mayo, 351 So. 2d 336 (Fla. 1977)…Presumably these communications can be offset or challenged by the parties at the administrative level, by appropriate motion or petition, either during or after the proceedings. See also Pasco County School Bd. v. Public Employees Relations Comm’n, 336 So. 2d 483 (Fla. 1st DCA 1976). . The members of a collegial administrative body are not obliged to avoid their staff during the evaluation and consideration stages of their deliberations. Were this so, the value of staff expertise would be lost and the intel…
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Univ. of S. Fla. Coll. of Med. Faculty Ass'n v. Pub. Emps. Relations Comm'n, 338 So. 2d 1286 (Fla. 1st DCA 1976)…are the record. Petitioner now moves for an order directing Public Employees Relations Commission to prepare the record. We grant petitioner’s motion on authority of our decision in Pasco County School Board v. Public Employees Relations Commission, 336 So. 2d 483, opinion filed August 23, 1976. It is the Public Employees Relations Commission’s responsibility to prepare the record for review. Pasco County School Board v. Public Employees Relations Commission, supra. In the absence of a rule prescribing the m…
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Panama City v. Pub. Emps. Relations Comm'n, 338 So. 2d 1284 (Fla. 1st DCA 1976)…are the record. Petitioner now moves for an order directing Public Employees Relations Commission to prepare the record. We grant petitioner’s motion on authority of our decision in Pasco County School Board v. Public Employees Relations Commission, 336 So. 2d 483, opinion filed August 23, 1976. It is the Public Employees Relations Commission’s responsibility to prepare the record for review. Pasco County School Board v. Public Employees Relations Commission, supra. In the absence of a rule prescribing the m…
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