Personnel Bd. of City of Miami Beach v. Majewski

• Decision Date: 09 July 1968
• Docket Number: No. 67--887,67--887
• Parties: PERSONNEL BOARD OF the CITY OF MIAMI BEACH, Florida, Appellant, v. Francis A. MAJEWSKI, Appellee.
• Court: Florida District Court of Appeals

Page 888

212 So.2d 888

PERSONNEL BOARD OF the CITY OF MIAMI BEACH, Florida, Appellant, v. Francis A. MAJEWSKI, Appellee.

No. 67--887.

District Court of Appeal of Florida, Third District.

July 9, 1968.

Rehearing Denied Aug. 27, 1968.

Joseph A. Wanick, City Atty., and Ira M. Elegant, Asst. City Atty., for appellant.

Bolles, Goodwin & Ryskamp, Miami, for appellee.

Before PEARSON, HENDRY and SWANN, JJ.

HENDRY, Judge.

This appeal from certiorari proceedings in the Circuit Court of Dade County was taken by the respondent therein, the Personnel Board of the City of Miami Beach. Petitioner-appellee is Francis A. Majewski, who was previously employed by the City of Miami Beach in the capacity of Fireman, Class II. In 1962, appellee was injured while lifting a loaded hose, and he now suffers from a condition diagnosed as a herniated intervertebral disk. The record contains much conflicting testimony regarding the degree of disability and need for surgery, but the substance of the evidence was that Majewski was physically unable to perform certain of the tasks normally required of a fireman class II. This injury was apparently aggravated in 1965 when appellee slid down a pole to answer a roll call.

Subsequently, on April 12, 1967, appellee received a 'Notice of Personnel Action' informing him of his demotion to the position of Fireman Class I, effective immediately. Under the heading 'Remarks', the notice read:

'Your ability to perform the duties of your present job as a Fireman II is impaired to the extent that you are unable to meet the standards of the work required. In addition, you no longer meet the physical requirements of the job of Fireman II. A letter to the Florida Industrial Commission dated January 26 1967, from your attorney and on your behalf, advises that you consider yourself incapable of performing all the duties required of a Fireman II.'

The notice was not signed by the City Manager, which defect rendered the notice insufficient under Rule XVI of the Personnel Rules of the City of Miami Beach according to the order entered by the Circuit Court.

Rule XVI, Section 2(a) of the Personnel Rules of the City of Miami Beach reads as follows:

'When an employee in the Classified Service fails to meet such physical and medical standards as are deemed necessary for continued employment in the position he holds a lateral or organizational transfer shall be made, if practicable, to a position for which he is physically qualified, notwithstanding other provisions of these rules. If a transfer can not be arranged the provisions of Rule IX, Section 4 and Section 5 will apply. Any transfer or demotion made in accordance with this Rule is subject to approval of the City Manager and the Personnel Director. This paragraph shall not apply to Police and Fire Department employees with respect to transfer outside of their...