DEP v. BARKER

No. 94-1850.

654 So.2d 594 (1995)

DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant, v. James B. BARKER, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 7, 1995.


Attorney(s) appearing for the Case

Dana Wiehle, Asst. General Counsel, David J. Evans, Asst. General Counsel, Tallahassee, for appellant.

Stephen W. Foxwell, Tallahassee, for appellee.


SMITH, Senior Judge.

The Department of Environmental Protection (DEP) appeals the final order of the Public Employees Relations Commission (PERC), which found that James B. Barker, the Appellee (Barker), was punished twice for the same offense and rescinded his demotion and transfer on that basis. We affirm, finding that DEP failed to satisfy the statutory notice requirements when it disciplined Barker.

The DEP employed Barker as a Park Officer since February...

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