final until disposition of timely filed motion for rehearing.
Appeal from the Florida Public Employee Relations Commission
Lower Tribunal No. 15-132
Offices of Slesnick and Casey, LLP and James C. Casey, for
E. Elliott (Tallahassee), for appellee.
LOGUE, SCALES, and LUCK, JJ.
Krieger, a former law enforcement officer with the state fish
and wildlife commission, was fired for insubordination.
Krieger appeals the final order of the public employees
relations commission terminating him because his pre-
termination due process rights were violated, his
supervisor's order that formed the basis of the
insubordination charge was vague, and termination was not an
appropriate remedy under the fish and wildlife
commission's regulations. We disagree, and affirm.
Background and Procedural History
fish and wildlife commission hired Krieger as a law
enforcement officer on September 10, 2012. In November 2014,
Lieutenant Michael Haney, Krieger's direct supervisor,
observed Krieger "sitting idle" at John Pennekamp
Coral Reef State Park. Subsequently, on December 4, 2014 and
on January 9, 2015, Lt. Haney instructed Krieger to patrol
the southern portion of their patrol zone (from Whale Harbor
to Vaca Cut). He further advised the entire squad, and
Krieger one-on-one, not to enter Pennekamp unless they
received a call to service or an officer requested
assistance. Lt. Haney also went on patrol with Krieger and
observed first-hand that Krieger was not properly performing
his duties (i.e. issuing warnings and citations).
the January 9 meeting, Lt. Haney began to more closely
monitor Krieger's work activities and discovered that
Krieger continued to enter Pennekamp in direct contravention
of Lt. Haney's January 9 order. On January 30, Lt. Haney
responded to an electronic mail message from Krieger
requesting clarification of the January 9 order. Lt. Haney
reiterated that Krieger was "not to be in Pennekamp
unless [he] receive[d] a call for service or an officer
request[ed] assistance" and, upon starting his shift, he
was "to proceed directly to the boat and patrol the
south end of [the] zone."
February 10, Lt. Haney emailed Major Roger Beaton, his
supervisor, regarding Krieger's failure to obey orders
and work performance. The following day, Lt. Haney filed a
complaint against Krieger with the fish and wildlife
commission's inspector general's office, alleging
"that Krieger engaged in numerous instances of loafing
and insubordination, [was] inefficient or unable to perform
his job duties, violated policies procedures and General
Orders and falsified records."
inspector general's office reviewed Krieger's
personnel records, his activity reports, the records from the
computer dispatch system, the global positioning device on
his service vehicle and boat, the radio logs, and
surveillance video from Pennekamp in determining
Krieger's whereabouts and work performance from October
20, 2014 to April 7, 2015. The investigation, completed on June 5,
2015, sustained all allegations against Krieger as
"supported by proper and sufficient evidence."
September 4, the fish and wildlife commission sent Krieger a
predetermination notice explaining its intention to terminate
him. The letter listed specific rule violations, allegations
of insubordination, and facts upon which his intended
termination was based. The letter, specifically, identified
dates and times when Krieger acted in direct contravention of
the orders: (1) not to go into Pennekamp unless he received a
call for service or an officer requested assistance; and (2)
"to concentrate  water patrol on the south end of the
patrol zone." On September 24, the fish and wildlife
commission held a pre-determination hearing with Krieger.
October 27, the fish and wildlife commission terminated
Krieger's employment for insubordination because he
failed to: refrain from patrolling Pennekamp; and patrol the
southern portion of his patrol zone from Whale Harbor to Vaca
Cut. Krieger appealed his termination to the public employees
relations commission. After a four-day evidentiary hearing,
the hearing officer recommended dismissal of Krieger's
appeal. The public employees relations commission overruled