Castilleja v. City of Jacksonville

738 So. 2d 335, 1998 Fla. App. LEXIS 9599, 1998 WL 422739
CourtDistrict Court of Appeal of Florida
DecidedJuly 29, 1998
DocketNo. 98-1
StatusPublished

This text of 738 So. 2d 335 (Castilleja v. City of Jacksonville) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Castilleja v. City of Jacksonville, 738 So. 2d 335, 1998 Fla. App. LEXIS 9599, 1998 WL 422739 (Fla. Ct. App. 1998).

Opinion

PER CURIAM.

Petitioner, Daniel G. Castilleja, seeks certiorari review of the circuit court decision overturning the Jacksonville Civil Service Board’s finding that the discipline imposed by the Sheriff was inconsistent with the charter of the City and manifestly unjust. We affirm the circuit court determination with respect to the issue of entitlement to back pay, but quash the order overruling the Board’s decision and reinstating the discipline imposed by the Sheriff.

On March 11,1994, while off duty and in his personal vehicle, petitioner, Daniel G. Castilleja, a Jacksonville police officer, attempted to pass another vehicle. As he went around the first vehicle, a second vehicle made a sudden left hand turn in front of him. Swerving to avoid a crash, Castilleja hit and damaged an unattended fence and sign at the Townsend Road Trailer Park. Castilleja left the scene and did not report the incident to authorities nor did he provide statutorily required information to the trailer park management or owners.

The following morning, in response to a citizen’s identification of the tag number of the vehicle that struck the fence and sign, Jacksonville police investigated the matter and discovered the tag number identified by the witnesses was that of a vehicle belonging to Castilleja. When questioned by the other officers, Castilleja initially denied any knowledge of the event, but within an hour and a half, he admitted that he had lied to the officers, and was in fact [336]*336involved in the accident. Castilleja was given two non-criminal traffic citations: one for leaving the scene without providing information, and one for careless driving.

The Jacksonville Sheriffs Office initiated disciplinary action against Castilleja on June 21, 1994, charging him with violations of six separate provisions of the Civil Service Rules and Regulations and the Jacksonville Sheriffs General Orders. Castilleja was given a notice of immediate suspension with termination to follow.

The Jacksonville Civil Service Board reviewed the disciplinary action taken by the Sheriff at Castilleja’s request, and after a full evidentiary hearing, the Board determined that the discipline imposed by the Sheriff was inconsistent with the charter of the City and manifestly unjust under the circumstances. The Jacksonville Sheriffs Office filed a petition for writ of certiorari in the circuit court seeking review of the Civil Service Board’s order holding the termination of petitioner to be manifestly unjust. Following oral argument, the circuit court issued an opinion finding that the Board’s decision was not supported by competent substantial evidence and violated the essential requirements of law. Cas-tilleja now petitions this court for certiora-ri review of the decision of the circuit court, claiming the circuit court has improperly reweighed the evidence and substituted its decision for that of the Jacksonville Civil Service Board. We agree.

STANDARD OF REVIEW

We first note that as one proceeds up the ladder through the appellate process, the review afforded at each step becomes progressively more narrow. In the instant case, the circuit court’s proper scope of review was limited to a determination of (1) whether due process was afforded by the Board, (2) whether the essential requirements of the law were observed, and (3) whether the findings of fact and conclusions of law were supported by competent substantial evidence. See Haines City Community Development v. Heggs, 658 So.2d 523 (Fla.1995). This court’s proper scope of review includes only whether the circuit court provided procedural due process and whether the circuit court observed the essential requirements of law. In the instant case, no issue has been raised with respect to procedural due process, so our review is limited to whether the circuit court observed the essential requirements of law.

REVIEW OF THE CIVIL SERVICE BOARD DECISION

This case presents remarkably similar circumstances to the case of Netz v. Jacksonville Sheriffs Office, 668 So.2d 235 (Fla. 1st DCA 1996). In Netz, the petitioner was employed by the Jacksonville Sheriffs Office, and was given a letter of immediate suspension and pending termination. An evidentiary hearing was held before the Jacksonville Civil Service Board. Based upon its review of the evidence, the Board determined that immediate suspension was not warranted, and rather than termination, the Board recommended a suspension of thirty working days. The circuit court reversed the decision of the Board after a review of the record. This court held on review of Netz that the circuit court had improperly reweighed the evidence and substituted its judgment for that of the administrative agency, stating:

The opinion issued by the circuit court indicates the court failed to determine whether the record contains competent substantial evidence to support the decision of the civil service board. Instead, it appears the circuit court reviewed the record to determine whether the Sheriffs proposed discipline was supported by competent substantial evidence. In doing so, the circuit court failed to perform its proper review function. The failure to apply the correct standard of review constitutes a failure to apply the correct law.

668 So.2d at 236. Upon consideration of the petition and record, and the arguments [337]*337on appeal, we are persuaded that the circuit court in the instant case has made the same error as in Netz. Rather than reviewing the record to determine whether the Board’s actions are supported by competent substantial evidence, the circuit.court reviewed the record to determine if the Sheriff’s decision was supported by competent substantial evidence. Although the court’s opinion at one point correctly stated the appropriate standard for its review of the Board’s decision, it appears that the court departed from this standard in its ensuing analysis, as evidenced both by its factual discussion and legal conclusions and by the inaccurate observation that “[t]he primary issue for this court’s consideration is whether the Board could lawfully substitute a 30 working day (42 day) suspension in lieu of dismissal, or stated differently, whether the dismissal was manifestly unjust under the circumstances.” (Emphasis added.) In so doing, rather than fulfilling its appellate role in reviewing the decision of the Board, the circuit court effectively sat as a new Board, reweighing the evidence presented in the case and substituting its opinion for that of the Board. This was error, and we quash the opinion of the circuit court to the extent that it replaced the Board’s determination that the disciplinary action was inconsistent with the charter of the City and manifestly unjust under the circumstances.

WAIVER OF BACK PAY AND BENEFITS

The circuit court properly limited its review of the waiver of back pay and benefits to consideration of whether the Board’s determination comported with the essential requirements of law and was supported by competent substantial evidence stating:

The Board further violated the essential requirements of law in its Order where it set aside the immediate suspension and retroactively ordered reinstatement of Castilleja. The record was perfectly clear that Castilleja and his lawyer knowingly and voluntarily waived Castil-leja’s rights to pay during the time from the suspension to the hearing in order to obtain continuances of the hearing.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Haines City Community Dev. v. Heggs
658 So. 2d 523 (Supreme Court of Florida, 1995)
City of Miami v. Kellum
147 So. 2d 147 (District Court of Appeal of Florida, 1962)
Netz v. Jacksonville Sheriff's Office, Jacksonville
668 So. 2d 235 (District Court of Appeal of Florida, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
738 So. 2d 335, 1998 Fla. App. LEXIS 9599, 1998 WL 422739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castilleja-v-city-of-jacksonville-fladistctapp-1998.