Pitts v. Bay County School Board
Docket: No. 88-1376
Court: District Court of Appeal of Florida; March 9, 1989; Florida; State Appellate Court
Appellant sought a review of a summary final judgment denying her terminal pay for accumulated sick leave upon retirement from the Bay County School Board. Appellant claimed entitlement based on her employment history, including over ten years with the Dade County School Board and six years with Bay County. She cited Bay County School Board Policy No. 6.13(D)(2)(b), which stipulates that terminal pay for accumulated sick leave is granted to employees who retire under the Florida Division of Retirement's criteria. Appellee, while admitting appellant's allegations, argued through an affidavit from its personnel director that the policy requires ten years of employment specifically in Bay County for terminal pay eligibility. The court initially sided with appellee, ruling that eligibility required ten years in Bay County. However, upon appeal, it was determined that the language of the policy did not explicitly state a minimum employment period in Bay County. Instead, it only required adherence to the Florida Division of Retirement's criteria, which appellant satisfied. Additional policy language provided by appellee regarding the computation of terminal pay did not impose limitations on the employment duration in Bay County or contradict the retirement criteria. Consequently, the court reversed the prior judgment, confirming that appellant is entitled to terminal pay for her accumulated sick leave earned in Bay County, and remanded the case with instructions to enter judgment in her favor. Judges Thompson and Wigginton concurred with the decision.