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Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-067

FCHR Order No. 13-067

Date of Release: 10/16/2013

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

 

RAY NELOMS

EEOC Case No. 15D201200816

 

Petitioner

FCHR Case No. 2012-02720

 

v.

DOAH Case No. 13-1972

 

CITY OF DELAND

FCHR Order No. 13-067

 

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Ray Neloms filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2012), alleging that Respondent City of DeLand committed unlawful employment practices on the basis of retaliation in the manner in which Petitioner was reinstated to a position following the filing of a previous discrimination complaint and on the basis of Petitioner’s race (African American) and on the basis of retaliation by denying Petitioner a promotion for which Petitioner had applied.

The allegations set forth in the complaint were investigated, and, on April 19, 2013, the Executive Director issued a 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 DeLand, Florida, on July 18, 2013, before Administrative Law Judge E. Gary Early.

Judge Early issued a Recommended Order of dismissal, dated August 28, 2013.

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. 13-067

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

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 16th day of October , 2013.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Michell Long; and

Commissioner Mario M. Valle

Filed this 16th day of October , 2013,

in Tallahassee, Florida.

___________/s/________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 13-067

Page 3

Copies furnished to:

Ray Neloms

763 Aurora Street, No. 2

St. Paul, MN 55104

City of DeLand

c/o Michael H. Bowling, Esq.

Bell & Roper, P.A.

2707 East Jefferson Street

Orlando, FL 32803

E. Gary Early, 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 16th day of October , 2013.

By: ___________/s/______________

Clerk of the Commission

Florida Commission on Human Relations