STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA DEPARTMENT OF LAW )

ENFORCEMENT, DIVISION OF )

CRIMINAL JUSTICE STANDARDS )

AND TRAINING, )

)

Petitioner, )

)

vs. ) CASE NO. 89-6410

)

TERESA D. MEJICO, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William J. Kendrick, held a formal hearing in the above-styled case on March 21, 1990, in Fort Lauderdale, Florida.

APPEARANCES

For Petitioner: Elsa Lopez Whitehurst

Assistant General Counsel Florida Department of Law Enforcement

Post Office Box 1489 Tallahassee, Florida 32302

For Respondent: Teresa D. Mejico, pro se

7502 S.W. 5th Street

North Lauderdale, Florida 33068 STATEMENT OF THE ISSUES

Whether respondent failed to maintain the qualification of good moral character required of correctional officers in the State of Florida and, if so, what disciplinary action should be imposed. At hearing, petitioner called Marian Nesbitt, Greg Geeting, David Zertuche, and Marta Villacorta as witnesses, and its exhibits 1-8 were received into evidence. Respondent testified on her own behalf, but offered no exhibits.

The transcript of hearing was filed April 18, 1990, and the parties were granted leave, at their request, until May 8, 1990, to file proposed findings of fact. Consequently, the parties waived the requirement that a recommended order be rendered within thirty days after the transcript is filed. Rule 221-6.031, Florida Administrative Code. Petitioner elected to file proposed findings and they have been addressed in the appendix to this recommended order. No such proposals have been filed on behalf of the respondent.

FINDINGS OF FACT

1. Respondent, Teresa D. Mejico, was certified as a correctional officer by petitioner, Criminal Justice Standards and Training Commission, on February 17, 1988, and issued certificate number 03-87-502-02.

   
   

2. At approximately 2:45 a.m., on October 3, 1988, respondent, while employed as a correctional officer at the Broward Correctional Institute, was observed by her supervisor leaning on her desk in the officer's station at Dormitory H-4. Sitting in a chair at respondent's side was Inmate Deronda Lemmonds, who was observed holding respondent's right arm, and kissing, licking and nuzzling it, while her right hand was between respondent's legs in the area of her crotch.

   
   

3. Respondent was immediately relieved of duty, and later that day was discharged from her employment at Broward Correctional Institute for her failure to comply with Florida Department of Corrections Rule 33-4.002(28), Florida Administrative Code. That rule provides:

   
   

   Employees shall maintain a professional relationship with all persons in the custody or under supervision of the Department, and their immediate family or visitors. No personal or business relationships are permitted. Marriage between employees and inmates is prohibited.

   
   

4. That respondent was fully aware of the foregoing rule, and the standard of conduct it established, cannot be gainsaid for she acknowledged such at hearing. Notwithstanding such knowledge, however, respondent persisted in fostering the personal relationship which existed between her and Inmate Lemmonds despite denials to her superintendent that any such relationship existed and counseling from her superintendent to avoid any such relationships.

   
   

5. Following the termination of her employment at Broward Correctional Institute, respondent maintained contact with Inmate Lemmonds through the mail and by telephone, and variously expressed her affection and love for the inmate. On one occasion, she mailed the inmate 20-25 photographs of herself, including some photographs that captured respondent in partially nude and suggestive poses.

   
   

6. In all, the proof demonstrated that respondent was romantically involved with Inmate Lemmonds while she was employed at Broward Correctional Institute, and continued to be so involved as of the date of hearing. It further demonstrated that she was untruthful with her superintendent, failed to abide the rules of conduct for correctional officers, and neglected her duty to guard Dormitory H-4 while engaged in a liaison with an inmate under her charge.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

8. Here, petitioner charges that respondent's conduct constitutes a violation of Section 943.1395, Florida Statutes, in that respondent failed to maintain the qualifications established in Section 943.13(7), Florida Statutes,

   which require that a correctional officer have good moral character. Pertinent to this case, section 943.1395 provides:

   
   

   1. The commission shall revoke the certification of any officer who is not in compliance with the provisions of s. 943.13(1)-(10) or who intentionally executes a false affidavit established in s.943.13(8), 5.943.133(2), or s.943.139(2).

   2. Upon a finding by the commission

      that a certified officer has not maintained good moral character, the definition of which has been adopted by rule and is established as a statewide standard, as required by s.943.13(7), the commission may enter an order imposing one or more of the following penalties in lieu of revocation of certification:

      1. Suspension of certification for a period not to exceed 2 years.

      2. Placement on a probationary status

         for a period not to exceed 2 years, subject to terms and conditions imposed by the commission. Upon the violation of such terms and conditions, the commission may revoke certification or impose additional penalties as enumerated in this subsection.

      3. Successful completion by the

         officer of any basic recruit, advanced, or career development training or such retraining deemed appropriate by the commission.

      4. Issuance of a reprimand.

      
      

9. Rule 11B-27.001(4)(c), Florida Administrative Code, defines a certified officer's failure to maintain good moral character as follows:

   
   

   The perpetration by the officer of an act or conduct which causes substantial doubts concerning the officer's honesty,

   fairness, or respect for the rights of others or for the laws of the state and nation, irrespective of whether such act or conduct constitutes a crime. ...

   Inclusive within such definition is the concept that good moral character means: not only the ability to distinguish

   between right and wrong, but the character to

   observe the difference; the observance of the rules of right conduct, and conduct which indicates and establishes the qualities generally acceptable to the populace for positions of trust and confidence.

   Zemour, Inc. v. Division of Beverage, 347 So.2d 1102, 1105 (Fla. 1st DCA 1977).

   
   

10. In this case, petitioner has demonstrated by clear and convincing evidence that respondent has failed to maintain good moral character as required by Section 943.13(7), Florida Statutes, and that she is subject to disciplinary action for such failure. Upon consideration of the disciplinary guidelines set forth in Rule 11B-27.005, Florida Administrative Code, it is found that the appropriate penalty in the instant case is revocation.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered revoking respondent' s

certification.

DONE AND ENTERED in Tallahassee, Leon County, Florida, this 24th day of May 1990.

WILLIAM J. KENDRICK

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 24th day of May, 1990.

APPENDIX TO THE RECOMMENDED ORDER IN CASE NO. 89-6410

Petitioner's proposed findings of fact are addressed as follows:

1. Adopted in paragraph 1. 2-4. Adopted in paragraph 4.

5-9. Not material or not necessary to result reached. 10-14. Adopted in paragraph 5.

1. Adopted in paragraph 2.

2. Adopted in paragraph 3.

COPIES FURNISHED:

Elsa Lopez Whitehurst Assistant General Counsel Florida Department of Law

Enforcement

Post Office Box 1489 Tallahassee, Florida 32302

Teresa D. Mejico 7502 S.W. 5th Street

North Lauderdale, Florida 33068

Jeffrey Long, Director Florida Department of Law

Enforcement

Post Office Box 1489 Tallahassee, Florida 32302

James T. Moore Commissioner

Florida Department of Law Enforcement

Post Office Box 1489 Tallahassee, Florida 32302

Docket for Case No: 89-006410

Orders for Case No: 89-006410