International Union of Police Associations v. State, Department of Management Services

I respectfully dissent and would affirm PERC’s Final Order. In doing so, I note at the outset that the issue on appeal is not whether an affirmance by this Court would be akin to rewarding appellee for what the majority terms “an unlawful act,” but rather whether PERC abused its discretion in not following the hearing officer’s recommendation and ordering appellee to return to the status quo with regard to the officers’ work schedules. See § 120.68(7)(e)3., Florida Statutes (2000). Discretion is abused when the action taken is arbitrary, fanciful, or unreasonable, or, in other words, when no…