City of Miami v. Jean-Phillipe, 16-1172

Jean-Phillipe, a City of Miami police officer, was reprimanded and suspended for 200 hours after a police investigation; he appealed to the Civil Service Board.
The Civil Service Board found Jean-Phillipe not guilty and submitted written findings and a recommendation to the City Manager.
The City Manager disagreed with one factual finding, reversed that not-guilty finding, and imposed a 200-hour suspension.
Jean-Phillipe filed a declaratory-relief action in circuit court challenging the City Manager’s authority to reverse the Board; the circuit court granted summary judgment for Jean-Phillipe and vacated the City Manager’s suspension.
The City appealed. The district court held the procedures below were incorrect and remanded so Jean-Phillipe must pursue review in the circuit court’s appellate division (a plenary appeal) rather than by an independent declaratory action.
The court clarified: the City Manager may overturn Board factual findings only when those findings lack competent substantial evidence; the City (as an entity) has no independent right to appeal its own manager’s decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the City Manager could reverse the Civil Service Board’s not-guilty finding	Jean-Phillipe: City Manager lacked authority; Board’s not-guilty should bind City Manager	City: City Manager may review and reverse if findings lack competent substantial evidence	Held: City Manager may reverse a Board finding only if not supported by competent substantial evidence; may not reweigh evidence or judge credibility
Proper procedural vehicle for review after City Manager acts	Jean-Phillipe: sued in circuit court for declaratory relief	City: defended City Manager’s action; appealed circuit court judgment	Held: Employee must seek review in the circuit court’s appellate division (plenary appeal); independent declaratory action was improper
Whether the City may appeal the City Manager’s determination	Jean-Phillipe: City lacked separate remedy	City: argued it could challenge outcome	Held: City has no separate right to appeal its own manager’s decision because the City Manager acts for the City
Standard/scope of review of factual findings on appeal	Jean-Phillipe: favored reinstatement of Board findings	City: argued City Manager properly reviewed evidence	Held: Appellate division reviews whether City Manager’s determination is supported by competent substantial evidence; certiorari review to higher court limited to due process and correctness of law

State ex rel. Eldredge v. Evans, 102 So.2d 403 (Fla. 3d DCA) (Civil Service Board acts as trier of fact; City Manager may not disregard findings supported by substantial evidence)
City of Miami v. Huttoe, 38 So.2d 819 (Fla. 1949) (City Manager reviews Board findings for competent substantial evidence)
Miami-Dade Cnty. v. Moreland, 879 So.2d 23 (Fla. 3d DCA) (employee must seek appellate-division review rather than independent circuit-court action)
Town of Surfside v. Higgenbotham, 733 So.2d 1040 (Fla. 3d DCA) (Town Manager may not disregard hearing examiner findings absent lack of competent substantial evidence)
City of Miami v. Reynolds, 34 So.3d 119 (Fla. 3d DCA) (City Manager has exclusive discretion to impose discipline; may affirm, reverse, or modify)
De Groot v. Sheffield, 95 So.2d 912 (Fla. 1957) (certiorari review limited to whether tribunal had competent substantial evidence; appellate court must not reweigh evidence)
Wiggins v. Florida Dep't of Highway Safety & Motor Vehicles, 209 So.3d 1165 (Fla. 2017) (standards for competent substantial evidence review)