12-001849 Pinellas County Sheriff&Apos;S Office vs. Samuel Mitchem Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, March 11, 2013.

BOARD OF COUNTY

COMMISSIONERS

Charlie justice Pinellas

Susan Latvala

janet C. Long (ounty

john Morroni ATTORNEY'S OFFICE

Norm Roche FILED

Karen Williams Seel

Kenneth T. Welch ?nB APR 12 Pfl12 33 James L. Bennett

April 10, OF County Attorney

ADMINISTRATIVE

HEARINGS

Linzie F. Bogan, Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-3060

Re: Pinellas County Sheriff's Office vs. Kenneth Burroughs, Robert Harmer,

Samuel Mitchem and Christopher Metro

DOAH Case Nos. 12-1846, 12-1847,12-1848, 12-1849

Dear Judge Bogan:

Pursuant to Florida Statutes Section 120.57(l)(m), please find enclosed a copy of the

signed Final Order rendered by the Pinellas County Sheriff's Civil Service Board in the above­

referenced matter.

Sincerely,

Senior Assistant County Attorney

CS/cad

Enclosure

cc: Tracy K. Jaensch, Esquire

Shannon Rose Kennedy, Esquire

Robert F. McKee, Esquire

Steven G. Wenzel, Esquire PLEASE ADDRESS REPLY TO:

Matthew F. Fenton, Esquire 315 Court Street

Members of the Sheriff's Civil Service Board .(via email) Clearwater, Florida 33756

Phone: [phone]

h:luserslatykb03lwpdocslcslsheriff civil service appeall04-1 0-13 transmittal of final order to doah.doc FAX: [phone]

TOO: [phone]

Website: www.pinellascounty.org

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PINELLAS ccitntrrLS)lEB,lFF'S OFFICE

CIVIL SERVICE BOARD

? f11 1 APR 12 PfTl" ') 33

PINELLAS COUNTY IlL

DiVISION OF

Petitioner, ADMINISTRATiVE DOAH Case Nos. 12-1846,

12-1847, 12-1848, 12-1849

vs. HEARINGS

KENNETH BURROUGHS, ROBERT HARMER,

SAMUEL MITCHEM and CHRISTOPHER

METRO,

Respondents.

------------------',

FINAL ORDER

WHEREAS, Respondents appealed their terminations to the Pinellas County Sheriffs

Civil Service Board (the "Board"); and

WHEREAS, those appeals were transmitted to the Department of Administrative

Hearings Administrative Law Judge for evidentiary hearing and recommended order; and

WHEREAS, during the appeal Petitioner, Pinellas County Sheriffs Office, filed a

Motion in Limine seeking to bar Respondents from introducing evidence of alleged comparators

who Petitioner argued were not similar to Respondents and seeking a finding that no genuine

issue of material fact exists; and

: WHEREAS, the Administrative Law Judge, after hearing argument from the parties,

issti,ed an order (attached hereto and incorporated herein by reference) granting such Motion in

Limine concluding that there no longer exists in the proceeding a dispute of material fact, closing

its files oli the appeals, and relinquishing jurisdiction to the Board; and

Petitioner filed a Notice of Filing Hearing Transcript and Order of the

Administrative Law Judge for the Disposition of Appeals to Sustain Terminations of

Respondents requesting this Board take final agency action to accept the Administrative Law

disposition of the appeals; and

WHEREAS, Respondents have advised counsel for the Board that they have no

objection to Petitioner's request or the Board's acceptance of the Administrative Law Judge's

reconunendation disposing of the appeals, and

WHEREAS, pursuant to Section 7.E of the Board's Ru1es of Procedure, where no party

flIes exceptions to a recommended order, the Chairperson shall be authorized to adopt the

Administrative Law Judge's Recommended Order as the final order.

Page 1 of2

NOW, THEREFORE, the Chairperson enters this, the Board's Final Order, adopting the

Administrative Law Judge's March 11, 2013 Order as its Final Order in this cause in its entirety

and dismissing the appeals of Kenneth Burroughs, Robert Hanner, Samuel Mitchem and

Christopher Metro.

IT IS SO ORDERED this "tr11 day of 2013.

Lt Col. Neal A. White, Chairman

Pinellas County Sheriffs Civ\\! Service Board

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above Final Order has been

furnished by U.S. Regular Mail to:

Tracey K. J aensch, Esquire Sharron Rose Kennedy, Esquire

Bradley R. Hall, Esquire Pinellas County Sheriffs Office

Ford & Harrison, LLP 10750 Ulmerton Road

101 East Kennedy Blvd., Suite 900 Largo, FL

Tampa, FL 33602

RobertF. McKee, Esquire Steven G. Wenzel, Esquire

Kelley & McKee, 1b P.A. Wenzel, Fenton, Cabass8, P.A.

1 718 East 7 Avenue, Suite 311 11 I0 North Florida Avenue

Tampa, FL 33602 Tampa, FL 33602

this lofAday of April, 2013.

Senior Assistant County th Attorney

315 Court Street, 6 Floor

Clearwater, FL 33756

Phone: [phone]/Fa.x: 727-464-4147

Attorney for Sheriff s Civil Service Board

Copy to:

Members of the Sheriffs Civil Service Board

Linzie F. Bogan, Administrative Law Judge

h:\\userslatykbOJIW)ldocs\\eslsheriIT eivil service boordlappenls\\final order draft 04-08-13.oocx

Page 2 of2

, . I• ;",,:

STATE OF FLORIDA

'DIVISION OF ADMINISTRATIVE HEARINGS

PINELLAS COUNTY SHERIFF'S )

OFFICE, )

)

Petitioner, )

)

VB. ) Case No. 12-1846

)

KENNETH BURROUGHS, )

)

Respondent. )

)

PINELLAS COUNTY SHERIFF'S )

OFFICE, )

)

Petitioner, )

)

VS. ) Case No. 12-1847

)

ROBERT HARMER, )

)

'Respondent. )

)

PINELLAS COUNTY SHERIFF1S )

OFFICE, )

)

Petitioner, )

)

VS. ) Case NO. 12-1848

)

CHRISTOPHER METRO, . )

. )

Resp.ondent. )

)

, . , .

PINELLAS COUNTY SHERIFF'S )

OFFICE, )

)

Peti tioner, )

)

vs. ) Case No. 12-1846

,)

SAMUEL MITCHEM, )

)

Respondent. )

)

ORDER GRANTING PETITIONER 1 S MOTION IN LIMINE,.

CLOSING FILES AND RELINQUISHING JURISDICT:I;ON

This cause having come before the llnoersigned on

Petitioner's Motion in Limine, and the undersigned being fully

advised,i t is, there'fore,

ORDERED that:

1. Petitioner's Motion in Limine is GRANTED.

2. The final hearing scheduled for March 12 and 13, 2013,

is canceled.

3. Opon review of the pleadings, depositions, answers to

interrogatories, and adm;i.ssions on file, the undersigned has

determined that there no longerex-istsin this proceeding a'

di$pute of material fact. Accordingly, the files of the

Oi vision of "Administrative HearinrJs ar.e closed. . Jurisdict;i.on is

relinquished to the Pinel1aiS county Sheriff's Civil Se:rvice

Board.

DONE AND ORDERED ,this 11th day of March, 2013, in

Tallahassee, Leon County, Florida.

.

LINZIE F. BOGAN

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

123.0 ,Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone]

Fax (SSO) 921-6847

www.doah.state.fl.us

Fiied with the Clerk of the

Division of Administrative Hearings

this 11th day of March" 2013.

COPIgS FURNISHED:

Steven Gregory Wenzel, Esquire

Wenzel, Fenton, Cabassa, P.A.

suite 300

1110 North Florida Avenue

Tampa, Florida 33602­

[e-mail]

Tracey K. Jaensch, Esquire

Ford and Harrison, LLP

Suite 900

101 East Kennedy Boulevard

Tampa, Florida 33602

[e-mail]

Robert F. McKee, Esquire

Kelly and McKee'

Post Office Box 75638

Tampa, Florida 3?67 5

[e-mail]

Matthew K. Fenton, Esquire

Wenzel, Fenton, and Cabassa, P.A.

suite 300

Florida Avenue

Tampa, Florida 33602

[e-mail],