BOARD OF REGENTS OF THE STATE OF FLORIDA, A BODY CORPORATE, FOR AND ON BEHALF OF THE UNIVERSITY OF FLORIDA, PETITIONER,
v.
BILLY JOINER AND THE CAREER SERVICE COMMISSION OF THE STATE OF FLORIDA, DEPARTMENT OF ADMINISTRATION, DIVISION OF PERSONNEL, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Career Service Commission lacked authority to reinstate an employee with pay at a later date after finding the dismissal unjustified. The court affirmed the finding of no just cause for dismissal but remanded for appropriate action regarding reinstatement.
The University dismissed an employee, Joiner, for fighting. The Career Service Commission found fighting occurred but reinstated Joiner with pay from …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Just Cause For Discharge cases and more on FLexlaw
MILLS, Judge.
The University of Florida (University) seeks review of an order of the Career Service Commission (Commission) which set aside the University’s dismissal of Joiner from its employment on 13 October 1975 for fighting and which reinstated Joiner with pay as of 13 December 1975.
On appeal, the Commission found that Joiner was fighting but due to extenuating circumstances the University did not have just cause to dismiss Joiner. “. . . The role of the Career Service Commission on appeal is to determine whether there existed competent substantial evidence to sustain the action taken by the agency and whether the facts establish ‘just cause’.”
State Department of Pollution Control v. State of Florida Career Service Commission and Hummel, 320 So. 2d 846 (Fla. 1st D.C.A. 1975). This the Commission did and there
was competent substantial evidence to support its findings.
Although the University dismissed Joiner as of 13 October 1975, the Commission reinstated him with pay as of 13 December 1975. This action amounted to a suspension of Joiner for the period of 13 October to 13 December without pay. There is no authority for this action. Section 110.061(3), Florida Statutes (1975). The Commission could have reinstated Joiner with or without pay as of 13 October 1975, but it could not suspend him from 13 October to 13 December without pay and reinstate him with pay as of 13 December. We, therefore, deny the review as to the Commission’s finding that the University did not have just cause to dismiss Joiner, but grant the review as to the Commission’s reinstatement of Joiner with pay as of 13 December 1975. We remand this case to the Commission for appropriate action consistent with this opinion.
BOYER, C. J., and JOPLING, WALLACE, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
LoCICERO v. Hillsborough Cnty., 48 Fla. Supp. 42 (Hillsborough Cty. Cir. Ct. 1978)…ed employee’s appeal of disciplinary action taken against him by his appointing authority, the board may lawfully consider extenuating matters (see Cobb v. Brautigan, 239 So. 2d 125 (1st D.C.A., 1970); Board of Regents of State of Florida v. Joiner, 343 So. 2d 1362 (1st D.C.A., 1977), and in the instant case, had before it competent, substantial evidence as to the following mitigating factors — a. The deficiencies in the contract referred to above and the fact that Mr. LoCicero did not prepare the contract.…
Authorities 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)