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County Attorney's Report 10. 1.

BCC Regular Meeting

Information

Meeting Date:	06/08/2017
Issue: Benjamin D. Love v. Escambia County Board of County Commissioner
From:	Meredith Crawford
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Benjamin D. Love v. Escambia County Board of County Commissioners; DOAH Case No.: 17-0564

That the Board accept for information the attached Order of Administrative Law Judge Yolanda Y. Green, State of Florida, Division of Administrative Hearings in the matter of Benjamin D. Love v. Escambia County Board of County Commissioners Case No. 17-0564 in which Judge Green found in favor of Escambia County and held that the County did not violate the Florida Civil Rights Act of 1992 and is not liable to Mr. Love for any damages.

BACKGROUND:

On January 26, 2016, Benjamin D. Love filed a complaint with the Florida Commission on Human Relations (FCHR) against Escambia County Board of County Commissioners alleging unlawful employment practices. His charge of discrimination specifically claimed that termination of his contract for services by the County was an act of religious discrimination and retaliation for statutorily protected activities. After investigation by FCHR and response by the County, on December 21, 2016, the Florida Commission on Human Relations issued a finding of no reasonable cause that the County had committed any unlawful employment practice related to Mr. Love. On January 27, 2017, Mr. Love appealed this determination to the State of Florida Division of Administrative Hearings.

On April 4, 2017 and April 18, 2017, a two-day hearing on the matter was held before the State Division of Administrative Hearings. On May 24, 2017, the Administrative Law Judge (ALJ) issued a Recommended Order finding in favor of the County and holding that Mr. Love failed to prove either the charge of unlawful religious discrimination or retaliation and that the County had met its burden to produce evidence of a legitimate non-discriminatory reason for the employment termination.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Final Order