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Home / Complaints / Final Orders / Final Orders 2009 / FCHR Order No. 09-098

FCHR Order No. 09-098

Date of Release: 10/26/2009

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

ALBERT L. PREVATT, SR.

EEOC Case No. 15D200800517

Petitioner

 

v.

FCHR Case No. 2008-01219

   

COUNTY OF VOLUSIA

DOAH Case No. 08-4911

Respondent

FCHR Order No. 09-098

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Albert L. Prevatt, Sr., 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 County of Volusia committed unlawful employment practices on the basis of Petitioner’s race (white) and on the basis of retaliation by disciplining and suspending Petitioner and by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on September 18, 2008, the Executive Director issued his determination finding that there was no reasonable cause to believe that an unlawful employment practice had occurred.

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. Petitioner subsequently filed an Amended Petition for Relief.

An evidentiary hearing was held in Tallahassee, Florida, on April 22, 2009, before Administrative Law Judge P. Michael Ruff.

Judge Ruff issued a Recommended Order of dismissal, dated August 3, 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.

FCHR Order No. 09-098

Page 2

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.

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

Exceptions

Petitioner filed exceptions to the Recommended Order in document entitled “Exceptions to Recommended Order Dated August 3, 2009,” received by the Commission on or about August 18, 2009.

Petitioner’s exceptions document contains 28 numbered paragraphs.

These paragraphs take issue with facts found (1, 3, 5), facts not found (1, 2, 4, 10, 11, 12, 17, 18, 20, 22), inferences drawn from the evidence presented (9, 23), and / or provide argument relating to Petitioner’s view of the case (6, 7, 8, 13, 14, 15, 16, 19, 21, 24, 25, 26, 27, 28). [Numerical references are to the numbered paragraphs in Petitioner’s exceptions document.]

The Commission has stated, “It is well settled that it is the Administrative Law Judge’s function ‘to consider all of the evidence presented and reach ultimate conclusions of fact based on competent substantial evidence by resolving conflicts, judging the credibility of witnesses and drawing permissible inferences therefrom. If the evidence presented supports two inconsistent findings, it is the Administrative Law Judge’s role to decide between them.’ Beckton v. Department of Children and Family Services, 21 F.A.L.R. 1735, at 1736 (FCHR 1998), citing Maggio v. Martin Marietta Aerospace, 9 F.A.L.R. 2168, at 2171 (FCHR 1986).” Barr v. Columbia Ocala Regional Medical Center, 22 F.A.L.R. 1729, at 1730 (FCHR 1999). Accord, Bowles v. Jackson County Hospital Corporation, FCHR Order No. 05-135 (December 6, 2005).

Petitioner’s exceptions are rejected.

Dismissal

The Petition for Relief, Amended 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 26th day of October , 2009.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

FCHR Order No. 09-098

Page 3

Commissioner Donna Elam, Panel Chairperson;

Commissioner Lizzette Gamero; and

Commissioner Billy Whitefox Stall

Filed this 26th 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

NOTICE TO COMPLAINANT / PETITIONER

As your complaint was filed under Title VII of the Civil Rights Act of 1964, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), you have the right to request EEOC to review this Commission’s final agency action. To secure a “substantial weight review” by EEOC, you must request it in writing within 15 days of your receipt of this Order. Send your request to Miami District Office (EEOC), One Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, 27th Floor, Miami, FL 33131.

Copies furnished to:

Albert L. Prevatt, Sr.

c/o Clifford J. Geismar, Esq.

Law Offices of Clifford J. Geismar, P.A.

Crealde Executive Center

2431 Aloma Avenue, Suite 150

Winter Park, FL 32792

County of Volusia

c/o Nancye R. Jones, Esq.

123 West Indiana Avenue

Deland, FL 32720

P. Michael Ruff, Administrative Law Judge, DOAH

FCHR Order No. 09-098

Page 4

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 26th day of October , 2009.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations