Engel v. State, Dept. of Transp.
| Decision Date | 11 January 1977 |
| Docket Number | No. 76--1530,76--1530 |
| Citation | 341 So.2d 1020 |
| Parties | Johann Georg ENGEL, Petitioner, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, and Career Service Commission, State Personnel Director, Respondents. |
| Court | Florida District Court of Appeals |
Bruckner, Greene & Manas and Averill G. Marcus, Miami, for petitioner.
Robert L. Shevin, Atty. Gen., and Betty Steffens, Asst. Atty. Gen., George L. Waas, Tallahassee, for respondents.
Before HENDRY, C.J., and BARKDULL and NATHAN, JJ.
Petitioner seeks review of an order of the Career Service Commission, denying the petitioner's request for a hearing.
The petitioner is a resident of North Miami, Florida. For about six years, he was employed by the Department of Transportation as a security guard in its North Miami Maintenance Yards, at 1655 N.E. 205th Terrace. During the period of his employment, the petitioner (by his own admission) filed numerous grievance petitions questioning the practice of the Department and his superior. On November 18, 1975, the petitioner was notified 1 that he was being transferred to the Fort Lauderdale Maintenance Yards, at 5548 N.W. 9th Avenue, some 38 miles away. The reason for such transfer was his continuous dissatisfaction with his supervisors and their decisions. The petitioner, not having an automobile, felt that the transfer amounted to a constructive discharge because to use public transportation each way would be an intolerable burden. As a result, he did not report. He was then discharged for having abandoned his position for three consecutive days of unexplained absence. 2 Thereupon, the petitioner submitted a timely appeal form to the Career Service Commission, requesting a hearing on the impropriety of the transfer. The hearing was denied, and the petitioner filed the instant petition for writ of certiorari.
The petitioner contends it was error to deny him a hearing on the propriety of the transfer when, pursuant to Personnel Rule 22A--10.05A, F.A.C., a career employee is entitled to appeal a transfer. By denying him a hearing, the petitioner was deprived of his constitutional right to due process; he was entitled to have a determination of the propriety of his transfer and whether or not he was constructively discharged. We agree. Cf. Wilson v. Pest Control Commission of Florida, 199 So.2d 777 (Fla.4th D.C.A.1967); Larson v. Florida Real Estate Commission, 227 So.2d 886 (Fla.4th D.C.A. 1969); Canney v. Board of Public Instruction of Alachua County, 278 So.2d 260 (Fla.1973).
We return the matter to the State Personnel Director and Career Service Commission with directions to accord the...
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Hadley v. Department of Administration
...expressly and directly conflicts with a prior decision of the District Court of Appeal, Third District (Engel v. State Department of Transportation, 341 So.2d 1020 (Fla.3d DCA 1977)). We have jurisdiction. Art. V, § 3(b)(3), Petitioner, Howard Hadley (hereinafter petitioner), was chief coun......