Department of Commerce v. Public Employees Relations Commission

662 So. 2d 1365, 1995 Fla. App. LEXIS 12476, 20 Fla. L. Weekly Fed. D 2616
CourtDistrict Court of Appeal of Florida
DecidedNovember 27, 1995
DocketNo. 94-3860
StatusPublished

This text of 662 So. 2d 1365 (Department of Commerce v. Public Employees Relations Commission) 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
Department of Commerce v. Public Employees Relations Commission, 662 So. 2d 1365, 1995 Fla. App. LEXIS 12476, 20 Fla. L. Weekly Fed. D 2616 (Fla. Ct. App. 1995).

Opinion

PER CURIAM.

Appellant, the Department of Commerce (Department), hired appellee, Arthur G. Ken-nerly, as a communications officer on September 20, 1976, and Kennerly remained an employee of the Department until dismissed on May 31, 1994. For several years prior to his dismissal, Kennerly worked in the Department’s International Trade and Development Division, and during the time period pertinent to this appeal, Kennerly worked as a development representative II (trade representative) in the Trades Section. Following his dismissal, Kennerly filed an appeal with the Public Employees Relations Commission (PERC) and a formal administrative hearing took place on June 30, 1994. The PERC-designated hearing officer, Jerry Cheatham, issued a recommended order finding that the Department had just cause to discipline Kennerly for below-standard work performance. As found by the hearing officer, “Kennerly did not produce any significant results in the area of his work he had been told was the most important.” The hearing officer also considered the statutory mitigation criteria and recommended mitigation of the termination to a 90-day suspension with no award of attorney’s fees or costs. In recommending mitigation, the hearing officer noted that “Kennerly’s long and good record strongly supports mitigation of his dismissal.”

In its final order, PERC substituted its analysis of the dispositive legal issues and conclusions of law for that of the hearing officer. PERC ordered that Kennerly be reinstated and provided with back pay and benefits as well as attorney’s fees and costs. Because PERC failed to identify sound policy reasons supported by the record in rejecting the hearing officer’s analysis, we reverse and remand.

The performance standards listed on the Employee Performance Appraisal forms used to evaluate Kennerly’s job performance consist of seven criteria including criterion 1, focused on by Kennerly’s supervisors in this case: “Participate in two major overseas trade events which promote Florida’s manufactured goods. The minimum number of participants to be set at 12 catalogue entries. A minimum of at least 6 actual company full participation may reduce the number of cata-logue represented.”

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Bluebook (online)
662 So. 2d 1365, 1995 Fla. App. LEXIS 12476, 20 Fla. L. Weekly Fed. D 2616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-commerce-v-public-employees-relations-commission-fladistctapp-1995.