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Home / Complaints / Final Orders / Final Orders 2010 / FCHR Order No. 10-085

FCHR Order No. 10-085

Date of Release: 10/26/2010

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

GLEN MEISELMAN

EEOC Case No. NONE

Petitioner

 

v.

FCHR Case No. 2006-02503

   

BROWARD COUNTY CLERK OF COURT

DOAH Case No. 07-2418

   

Respondent

FCHR Order No. 10-085

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Glen Meiselman filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2003), alleging that Respondent Broward County Clerk of Court committed an unlawful employment practice on the basis of Petitioner’s handicap / disability by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on April 19, 2007, 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.

An evidentiary hearing was held in Fort Lauderdale, Florida, on November 7 and December 10, 2008, before Administrative Law Judge Errol H. Powell.

Judge Powell issued a Recommended Order of dismissal, dated September 3, 2010.

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. 10-085

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

On or about September 20, 2010, Petitioner filed a one-page document indicating that Petitioner “would like an appeal on case 07-2418.”

With regard to exceptions to Recommended Orders, the Administrative Procedure Act states, “The final order shall include an explicit ruling on each exception, but an agency need not rule on an exception that does not clearly identify the disputed portion of the recommended order by page number or paragraph, that does not identify the legal basis for the exception, or that does not include appropriate and specific citations to the record.” Section 120.57(1)(k), Florida Statutes (2009); see, also, Bartolone v. Best Western Hotels, FCHR Order No. 07-045 (August 24, 2007).

A review of Petitioner’s exceptions document suggests that it does not comply with this statutory provision.

However, it can be said, generally, that Petitioner excepts to the Administrative Law Judge’s finding that no unlawful employment practice occurred in this matter.

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).

Based on the foregoing, to the extent the document filed by Petitioner could be termed an exceptions document, Petitioner’s exceptions are rejected.

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

FCHR Order No. 10-085

Page 3

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 , 2010.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Michael G. Keller; and

Commissioner Lizzette Romano

Filed this 26th day of October , 2010,

in Tallahassee, Florida.

________________________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Glen Meiselman

8067 Mizner Lane

Boca Raton, FL 33433

Broward County Clerk of Court

c/o Thomas H. Loffredo, Esq.

GrayRobinson, P.A.

401 East Las Olas Boulevard, Suite 1850

Fort Lauderdale, FL 33301

Errol H. Powell, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

FCHR Order No. 10-085

Page 4

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 26th day of October , 2010.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations