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Home / Complaints / Final Orders / Final Orders 2009 / FCHR Order No. 09-096

FCHR Order No. 09-096

Date of Release: 10/01/2009

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

BRUNEL DANGERVIL

EEOC Case No. 510200802576

Petitioner

 

v.

FCHR Case No. 2009-00929

   

MIAMI-DADE COUNTY, FLORIDA

DOAH Case No. 09-0691

Respondent

FCHR Order No. 09-096

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Brunel Dangervil filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2007), alleging that Respondent Miami-Dade County Florida committed an unlawful employment practice on the bases of Petitioner’s race (Black) and National Origin (Haitian) by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated by the Equal Employment Opportunity Commission.

Petitioner filed a Petition for Relief from an Unlawful Employment Practice, and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.

An evidentiary hearing was held in Miami, Florida, on May 7, 2009, before Administrative Law Judge June C. McKinney.

Judge McKinney issued a Recommended Order of dismissal, dated July 20, 2009.

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order.

Findings of Fact

We find the Administrative Law Judge’s findings of fact to be supported by competent substantial evidence.

We adopt the Administrative Law Judge’s findings of fact.

Conclusions of Law

We find the Administrative Law Judge’s application of the law to the facts to result in a correct disposition of the matter.

FCHR Order No. 09-096

Page 2

We adopt the Administrative Law Judge’s conclusions of law.

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge’s Recommended Order.

Dismissal

The Petition for Relief and Complaint of Discrimination are DISMISSED with prejudice.

The parties have the right to seek judicial review of this Order. The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this Order is filed with the Clerk of the Commission. Explanation of the right

to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 1st day of October , 2009.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Lizzette Gamero; and

Commissioner Watson Haynes, II

Filed this 1st day of October , 2009,

in Tallahassee, Florida.

________________________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Brunel Dangervil

c/o Erwin Rosenberg, Esq.

Post Office Box 416433

Miami Beach, FL 33141

FCHR Order No. 09-096

Page 3

Miami-Dade County, Florida

c/o William X. Candela, Esq.

Dade County Attorney’s Office

Stephen P. Clark Center

111 Northwest First Street, Suite 2810

Miami, FL 33128

June C. McKinney, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 1st day of October , 2009.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations