Opinion
No. 3D99-1201.
Opinion filed April 19, 2000.
An appeal from the Florida Employees Relations Commission, L.T. No. 97-405.
Jay M. Levy, for appellant.
Sharman H. Green (Tallahassee), for appellees.
Before LEVY, FLETCHER, and RAMIREZ, JJ.
Gregory K. Nordheim appeals a decision of the Public Employees Relations Commission [PERC] affirming Nordheim's discharge from employment with the Florida Marine Patrol [Marine Patrol]. We reverse and remand with instructions.
The facts relating to this case may be found in Nordheim v. Department of Environmental Protection [Nordheim I], 719 So.2d 1212 (Fla. 3d DCA 1998), rev. denied, 729 So.2d 393 (Fla. 1999), and will not be repeated here. In Nordheim I, we determined that PERC had erred by failing to consider issues related to the effect (or non-effect) on Nordheim's legal position of the establishment of a "new" agency, the Department of Environmental Protection [DEP], by the merger of the Department of Environmental Regulation with the Department of Natural Resources. In Nordheim I, we reversed PERC's final order and remanded to PERC to reconsider its decision in light of PERC's own case of Jackson v. Department of Juvenile Justice, 12 FCSR ¶ 163 (1997). This necessitated an analysis not only of Jackson, but also of Bell v. Department of Juvenile Justice, 10 FCSR ¶ 250 (1995) and Bell v. Department of Health Rehabilitative Services, 9 FCSR ¶ 137 (1994).
Specifically, Nordheim argues here that on reversal ofNordheim I, PERC should have returned the matter to the administrative hearing officer so that Nordheim could have presented evidence related to Jackson and Bell, including the structure of the Marine Patrol, and its practices in relation to discipline — which he was unable to present to the hearing officer at the original hearing as these issues had been excluded at that time.
As evidenced by our reversal in Nordheim I.
In order to resolve any doubt that Nordheim has received the full hearing to which he is entitled, we reverse the order appealed and remand this cause to PERC with instructions that the administrative hearing be reopened for the receipt of evidence and argument that Nordheim wishes to raise on the merits of theJackson and Bell issues.
Reversed and remanded with instructions.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.