Hadley v. Department of Administration, Career Service Commission, 80-361
| Decision Date | 28 January 1981 |
| Docket Number | No. 80-361,80-361 |
| Citation | 392 So.2d 1023 |
| Parties | Howard HADLEY, Appellant, v. DEPARTMENT OF ADMINISTRATION, CAREER SERVICE COMMISSION, and Department ofProfessional and Occupational Regulation, Appellees. |
| Court | Florida District Court of Appeals |
Harry Zuckerman of Ehrich & Zuckerman, Miami, for appellant.
Kathleen Villacorta, Asst. Gen. Counsel, Dept. of Administration, Tallahassee, for appellee Career Service Commission.
Drucilla E. Bell, Staff Atty., Dept. of Professional and Occupational Regulation, Jerry G. Traynham of Patterson & Traynham, Tallahassee, for appellee DPOR.
This is an appeal from a final order of the Department of Administration, Career Service Commission and Department of Professional and Occupational Regulation rejecting appellant's appeal of a transfer and demotion.
Appellant, a career service employee, had been Chief Counsel since 1974 for the Florida Real Estate Commission, headquartered in Orlando. He was classified as an Attorney IV. In 1979, the legislature reorganized the Department of Professional Regulation and all commission attorneys became department staff after July 1, 1979. The department determined that all staff attorneys should be located in Tallahassee. Appellant became aware of his transfer and a demotion to Attorney III at a meeting with two department representatives on September 27, 1979. A letter with this information, dated September 26, 1979, was mailed to appellant by certified mail, return receipt requested, and was intended as official notice. Insufficient postage was affixed and the letter remained unclaimed at the post office despite three notices sent to appellant regarding its presence.
By letter dated October 5, 1979, appellant sought clarification, quoting from the department's September 26, 1979 letter and advising that he had been notified of the demotion at the meeting with the department representatives on September 27. On October 22, 1979, the department confirmed the transfer and demotion and advised appellant that should he fail to report in Tallahassee on November 19, 1979, the rules governing abandonment of position under the Personnel Rules and Regulations, section 22A-7.10(2)(a), Florida Administrative Code, would be applied.
On November 5, 1979, appellant appealed the transfer and demotion to the Career Service Commission. Appellant did not report for work and was subsequently advised by the department that he had abandoned his position. This action was appealed to the Career Service Commission on January 4, 1980.
The state personnel director advised appellant that his appeal of the demotion and transfer was rejected because the notice of appeal was not filed within twenty days of the notice of the proposed transfer and demotion. The director determined that appellant was notified by the September 26, 1979, letter.
Appellant's petition for review of the alleged abandonment was also denied because the personnel director determined that appellant had willfully abandoned his position. This appeal followed.
Appellant first contends that to constitute valid notice required by section 110.227(4), Florida Statutes, 1 sufficient postage to effectuate delivery is required. We agree, 2 but this is not determinative.
The question here is whether the issue is moot because appellant has voluntarily abandoned his position by failing to report for work in Tallahassee. We agree that it is and affirm the department's rejection of the appeal.
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Hadley v. Department of Administration
...jurisdiction, we have for review a decision of the District Court of Appeal, Fifth District (Hadley v. Department of Administration, etc., 392 So.2d 1023 (Fla. 5th DCA 1981), on grounds that it expressly and directly conflicts with a prior decision of the District Court of Appeal, Third Dis......