STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2315

)

GREGORY SWEETING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on April 29, 1982, in Miami, Florida. The School Board, by and through its counsel; requested leave to supplement the record by way of depositions. 1/

APPEARANCES

For Petitioner: Jesse J. McCrary, Esquire and

Mark A. Valentine, Esquire Executive Plaza

3050 Biscayne Boulevard, Suite 800

Miami, Florida 33137-4198

For Respondent: V. Lynn Whitfield, Attorney at Law

Palm Springs Center

1840 West 49 Street, Suite 228

Hialeah, Florida 33012

ISSUE

The issue presented herein is whether or not the Respondent should be dismissed from his employment with the School Board of Dade County, Florida.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein including the post-hearing depositions filed herein, I hereby make the following relevant factual findings.

1. During times material herein, Respondent, Gregory Sweeting, was employed as a buyer in the Bureau of Business Management, Dade County School Board.

   
   

2. On August 6, 1981 at approximately 2:16 a.m., Respondent was arrested on the corner of 79th Street and 5th Avenue in Miami by Officer Alex Alvarez, a detective with the Metro Dade County Police Department.

3. Officer Alvarez arrested Respondent for driving a vehicle without a valid driver's license. Respondent was later charged with driving a motor vehicle while his driver's license was suspended. Immediately upon Officer Alvarez's advice to Respondent that he was being placed under arrest, he (Respondent) was further notified that his vehicle would be inventoried at the site and thereafter it would be impounded.

   
   

4. An inventory of Respondent's car revealed the following items:

   
   

   1. Approximately 500 empty gelatin capsules;

   2. A 22-caliber revolver;

   3. A bag containing approximately 20 grams of suspected cocaine;

   4. A bottle of mannitol (a substance commonly used to cut cocaine)

   5. A mirror, vial, straws, sharp knives, razor blades, scales and strainers.

      
      

5. Officer Alvarez retained the suspected cocaine substance in his possession, sealed it and transferred it to the Dade County Crime Laboratory where the suspected cocaine substance was analyzed by Chemist Harry Coleman, a chemist employed by the Dade County Crime Laboratory in excess of twelve years. Chemist Coleman analyzed the suspected cocaine and his analysis revealed the presence of cocaine in the substance analyzed. The items were transferred to Chemist Coleman in a sealed envelope and the transfer was made in a normal course and received in a sealed envelope by a police courier from the Dade County Police Department.

   
   

6. By letter dated August 12, 1981, Superintendent Leonard Britton of the Dade County School Board advised Respondent, Gregory Sweeting, that he was suspended from his employment with the School Board and that he would be filing an intent to recommend that he be dismissed from his employment with the School Board of Dade County. On August 19, 1981, the School Board approved the suspension of employee Gregory Sweeting and dismissal proceedings were instituted by the Dade County School Board.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action pursuant to Section 120.57(1), Florida Statutes.

   
   

8. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

9. The authority of the Petitioner is derived from Chapter 231, Florida Statutes.

   
   

10. During times material herein, Respondent Gregory Sweeting was an employee of the School Board of Dade County; more particularly, a buyer in the Bureau of Business Management.

    
    

11. On August 6, 1981, Respondent, Gregory Sweeting, unlawfully and feloniously possessed a controlled substance, to wit: cocaine, in violation of Section 893.13, Florida Statutes.

12. On August 6, 1981, Respondent, Gregory Sweeting, unlawfully and feloniously possessed drug paraphernalia, to wit: scale, gelatin capsules, vial, mirror and a small knife in violation of Section 893.147, Florida Statutes.

    
    

13. On August 6, 1981, Respondent, Gregory Sweating, unlawfully, secretly, and feloniously carried on or about his person a concealed firearm, to wit: a revolver in violation of Section 790.01, Florida Statutes.

    
    

14. Based on the foregoing conclusions of law, Respondent violated Florida Statutes section 231.36(6).

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED:

1. That the School Board of Dade County, Florida enter a Final Order dismissing the Respondent, Gregory Sweeting from his employment as a buyer with the School Board of Dade County, Florida.

RECOMMENDED this 13th day of July, 1984, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 13th day of July, 1984.

ENDNOTE

1/ The depositions of Henry Coleman, Chemist, Dade County Crime Laboratory and Officer Alex Alvarez were forwarded to this Division and were considered by me in preparation of this Recommended Order. Additionally, the parties waived the requirement that a recommended order be entered herein within thirty days following the close of the hearing.

COPIES FURNISHED:

Jesse J. McCrary &

Mark A. Valentine, Esquires Executive Plaza

3050 Biscayne Blvd., Suite 800

Miami, Fl. 33137-4198

V. Lynn Whitfield, Esquire Palm Springs Center

1840 West 40 St., Suite 228

Hialeah, Fl. 33012

Leonard Britton Superintendent

Dade County School Board

1410 North East Second Avenue Miami, Fl. 33137

Docket for Case No: 81-002315

Orders for Case No: 81-002315