STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF LAW ENFORCEMENT, ) CRIMINAL JUSTICE STANDARDS AND ) TRAINING COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 82-1956

)

CLAUDE ROGER SWEAT, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal administrative hearing was conducted in this matter on November 15, 1982, in St. Augustine, Florida. The following appearances were entered: Arthur C. Wallberg, Tallahassee, Florida, appeared on behalf of the Petitioner, Department of Law Enforcement, Criminal Justice Standards and Training Commission. A copy of the notice scheduling the hearing was forwarded to the Respondent at his last known address. Neither the Respondent nor anyone on his behalf appeared at the hearing.

On or about May 21, 1982, the Criminal Justice Standards and Training Commission filed an Administrative Complaint against the Respondent, Claude Roger Sweat. The Complaint alleged that the Respondent committed various violations of the Department of Law Enforcement Act of 1974, Chapter 943, Florida Statutes. Petitioner is seeking to suspend or revoke the law enforcement certificate of the Respondent.

The following witnesses testified at the final hearing on behalf of the Respondent: Harold David Higginbotham, a police officer employed with the City of Bunnell Police Department; Willard Raymond Fuller, a correctional officer employed at the Flagler County Jail; Sabrina A. Minchew, a former resident of Bunnell, Florida; Warnell Williams, an investigator employed with the Flagler County Sheriff's Department; Donald Jack Brock, an employee of the Flagler County Sheriff's Office; Tom Frank Hizina, a Bunnell resident; Johnny B. Jones, a Daytona Beach resident; Eugene Jones, a Bunnell resident; and Glen E. Norris, an investigator employed with the State Attorney's Office for the Seventh Judicial Circuit. Petitioner's Exhibits 1 through 4 were offered into evidence and received. Since neither the Respondent nor anyone on his behalf appeared at the hearing no evidence was offered on his behalf.

The Petitioner has submitted a proposed recommended order which includes proposed findings of fact and conclusions of law. The proposed findings and conclusions have been adopted only to the extent that they are specifically set out in the findings of fact and conclusions of law which follow. They have been otherwise rejected as not supported by the evidence, contrary to the better weight of the evidence, irrelevant to the issues, or legally erroneous.

ISSUES

The ultimate issue to be resolved in this proceeding is whether the Respondent violated provisions of the Department of Law Enforcement Act of 1974, and if so, what disciplinary action is appropriate. Petitioner contends that the Respondent has engaged in acts which demonstrate that he has not maintained good moral character, and that his certification as a law enforcement officer should be permanently revoked.

FINDINGS OF FACT

1. The Respondent holds a certificate issued by the Criminal Justice Standards and Training Commission as a law enforcement officer. The certificate was issued in February, 1976. The Respondent was then employed with the City of Bunnell Police Department. The Respondent was a police officer with that department for a period of time, and was ultimately named Chief of Police. The Respondent is not presently employed with the Police Department in Bunnell, and is apparently not employed in the law enforcement field.

   
   

2. During the time that he was employed as Chief of Police with the City of Bunnell Police Department, the Respondent engaged in immoral and illegal activities which included the use and distribution of marijuana, utilizing the services of prostitutes, and possession of moonshine whiskey. On at least two occasions, the Respondent delivered marijuana, apparently without charge, to a resident of Bunnell. On one of these occasions the Respondent was dressed in his police uniform, and made the delivery from his police car. Respondent smoked marijuana cigarettes with several residents of Bunnell. Respondent visited a house of prostitution in Daytona Beach with these same persons. The Respondent was observed haggling over price, and entering a private room with one of the residents of the house. On several occasions the Respondent openly displayed to his associates, a jar of what appeared to be moonshine whiskey, and what the Respondent stated was moonshine whiskey. The Respondent told an employee of the Flagler County Sheriff's Department, and an employee of the City's Corrections Department, that he had made the moonshine.

   
   

3. In late 1978 or early 1979, approximately two pounds of marijuana was seized by officers of the Flagler County Sheriff's office. Four men who were apparently illegal aliens were arrested, and the marijuana and other matter were seized and placed in the vault at the Flagler County jail. The next day, the arresting officer returned to the vault in order to properly mark the marijuana as evidence. The Respondent had removed the marijuana from the vault. Respondent stated that he had disposed of it in a creek. Even if the Respondent did dispose of the marijuana in that manner, which is not a believable explanation, such action would be an improper manner of dealing with evidence that had been seized by law enforcement officers of another agency.

   
   

4. While he was a police officer and Chief of Police with the City of Bunnell Police Department, the Respondent on several occasions disposed of stray dogs by shooting them and leaving their bodies in a creek. The Respondent apparently considered it easier and cheaper to dispose of stray dogs in this manner rather than taking them to an animal shelter. It is clearly an improper means of disposing of stray animals.

   
   

5. While the Respondent was Chief of Police with the City of Bunnell, an officer with the Police Department advised the Respondent that he had observed gambling occurring at a tavern. The Respondent advised the officer to take no action regarding the matter as it was not a big deal and no one was complaining.

6. The Respondent's actions, which include use of marijuana, prostitutes, and moonshine whiskey, illegally disposing of evidence and illegally shooting stray dogs, clearly demonstrate that the Respondent failed to maintain good moral character. His actions would inevitably have the effect of creating bad morale at the Police Department in the City of Bunnell and his actions did have that effect.

   
   

7. It was alleged in the Complaint that the Respondent had marijuana that he kept in his closet at his home. This allegation was supported at the hearing by the testimony of a former baby sitter of the Respondent. The testimony has not been credited, and the allegation therefore has not been proven. It was six years ago that the baby sitter witness observed what she testified was marijuana, and she was at that time eleven years old. What she stated was marijuana was not identified by any other person.

   
   

8. It was alleged in the Administrative Complaint that the Respondent observed an illegal drug transaction in process and failed to take any action with respect to it. These allegations are not supported by any credible evidence.

   
   

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding. Sections 120.57(1), 120.60, Florida Statutes.

   
   

10. The Petitioner has authority to certify and decertify law enforcement officers. Sections 943.13 and 943.145, Florida Statutes. At the time that the Respondent engaged in the conduct described in the Findings of Fact above, the provisions of Chapter 943 required that a law enforcement officer have good moral character. Section 943.13(7), Florida Statutes (1975). The Respondent's conduct as described in the Findings of Fact clearly demonstrate that the Respondent failed to maintain good moral character during the time that he was employed with the City of Bunnell Police Department. His failure to maintain good moral character constitutes good grounds for revoking his law enforcement certification.

RECOMMENDED ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, it is, hereby,

RECOMMENDED:

That a Final Order be entered by the Department of Law Enforcement, Criminal Justice Standards and Training Commission, revoking the Respondent's certificate as a law enforcement officer.

RECOMMENDED this 29th day of December, 1982, in Tallahassee, Florida.

COPIES FURNISHED:

Arthur C. Wallberg, Esquire Assistant Attorney General Department of Legal Affairs Suite 1601 - The Capitol Tallahassee, Florida 32301

Mr. Claude R. Sweat Post Office Box 1252 Bunnell, Florida 32010

Mr. Robert R. Dempsey Executive Director

Department of Law Enforcement

P. O. Box 1439

Tallahassee, Florida 32302

G. STEVEN PFEIFFER 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 29th day of December, 1982.

Docket for Case No: 82-001956

Orders for Case No: 82-001956