Ehrenzeller v. Department of Health and Rehabilitative Services, 80-313
| Decision Date | 19 November 1980 |
| Docket Number | No. 80-313,80-313 |
| Citation | 390 So.2d 181 |
| Parties | John EHRENZELLER, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee. |
| Court | Florida District Court of Appeals |
Michael B. McIver, Fort Myers, for appellant.
Anthony N. DeLuccia, Jr., Fort Myers, for appellee.
John Ehrenzeller seeks review of an order of the Career Service Commission approving his demotion from a position as a Family Services Consultant II for the Department of Health and Rehabilitative Services. We have jurisdiction pursuant to section 120.68, Florida Statutes (1979).
On July 1, 1971, the Division of Family Services of the Department of Health and Rehabilitative Services employed Mr. Ehrenzeller as a Family Services Consultant II for District VIII in Fort Myers. The position is also referred to as that of District Medical Services Coordinator. By letter dated May 16, 1979, the administrator for District VIII demoted Mr. Ehrenzeller effective May 18, 1979. The reason given for the demotion was Mr. Ehrenzeller's failure to obtain a satisfactory level of job performance during the preceding six months.
Mr. Ehrenzeller appealed his demotion to the Career Service Commission on a form provided by the Commission. He listed several reasons why he felt the demotion unjustified, but his major contention was that his immediate supervisor had unilaterally reclassified and changed his job position to a higher level. He stated that the increased responsibilities and duties were not contained within the scope of his job definition and that the poor employee evaluations were a result of his inability to perform and assume duties which were unconnected with his position. He requested that a determination be made upon his performance as a medical services coordinator as that position had originally been defined and explained by the Department of Health and Rehabilitative Services.
Subsequently, the Career Service Commission held a hearing to consider Mr. Ehrenzeller's appeal. A large portion of Mr. Ehrenzeller's presentation at the hearing was concerned with his contention that he was being required to perform duties outside the scope of his employment. Several months following the hearing, the Career Service Commission issued a written opinion and order denying Mr. Ehrenzeller's appeal. The opinion and order contained lengthy findings of fact which dealt with Mr. Ehrenzeller's failure to satisfactorily perform duties assigned to him. However, it made no findings on the question of whether those duties were outside the scope of Mr. Ehrenzeller's employment.
Section 120.68(8), Florida Statutes (1979), which deals with our review of final agency action provides that "the court shall remand the case for further agency action if it finds that either the fairness of the proceedings or the correctness of the action may have been impaired by a material error in procedure or a...
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...by failing to mention any of [McIntyre's] proposed findings of fact in its final order"). Ehrenzeller v. Department of Health and Rehabilitative Services, 390 So.2d 181, 182 (Fla. 2d DCA 1980) (failure to make findings required by former section 120.59(2) was a material error "in procedure"......
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...where an agency failed to rule explicitly on a party's proposed findings of fact. See also Ehrenzeller v. Department of Health and Rehabilitative Services, 390 So.2d 181 (Fla. 2d DCA 1980). In such cases, the agency's omission may impair the fairness and correctness of its action, Ehrenzell......
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