STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CRIMINAL JUSTICE STANDARDS )

AND TRAINING COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 81-1633

)

EARL JUNIOR BEAGLES, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in the above-captioned matter, after due notice, at Tallahassee, Florida on July 21, 1982, before Thomas C. Oldham, Hearing Officer.

APPEARANCES

For Petitioner: Arthur C. Wallberg, Esquire

Department of Legal Affairs Suite 1601, The Capitol Tallahassee, Florida 32301

For Respondent: None

ISSUE PRESENTED

Whether Respondent's certification as a law enforcement officer should be suspended or revoked pursuant to Chapter 943, Florida Statutes for alleged conduct as set forth in Amended Administrative Complaint dated April 16, 1982.

This proceeding was initiated by an administrative complaint issued by the Police Standards and Training Commission on May 26, 1981, alleging certain grounds under Chapter 943, Florida Statutes, for the suspension or revocation of Respondent's certification as a law enforcement officer. The case was referred to the Division of Administrative Hearings for the appointment of a Hearing Officer, and the case was thereafter set for hearing on September 15, 1981.

Pursuant to a request for a continuance by the Petitioner, the hearing was continued and rescheduled for March 16, 1982. The case was again continued upon motion of Petitioner due to injuries sustained by its counsel. A prehearing conference was held on March 9, 1982 at which time the Criminal Justice Standards and Training Commission was substituted as the Petitioner in this proceeding, pursuant to Section 943.255, Florida Statutes. The final hearing was rescheduled for April 13, 1982. Thereafter, on March 31, 1982, L. Sanford Selvey, II, Esquire filed a Motion for Continuance based on the incapacity of Respondent's counsel, M. Howard Williams, Esquire as a result of an apparent

heart attack. The motion requested that final hearing be continued until such time as Mr. Williams had recovered from his illness. The motion was granted and final hearing was cancelled by Order, dated April 7, 1982, wherein counsel for Respondent was directed to advise the Hearing Officer within thirty days as to when he anticipated medical recovery.

On April 20, 1982, Petitioner filed an Amended Administrative Complaint seeking disciplinary action pursuant to subsection 943.145(3)(a), F.S. for failure to maintain qualifications for certification under subsection 943.13(4) and (7), F.S. On May 19, 1982, Petitioner filed a Motion for an Order Deeming Requests for Admissions Admitted and Amended Complaint Filed. No opposition was filed against this motion and it was granted by Order dated June 7, 1982. That Order provided that the final hearing was rescheduled for July 21, 1982, in view of the failure of counsel for Respondent to advise the Hearing Officer as to his anticipated date of medical recovery. A copy of the Order was furnished to M. Howard Williams, Esquire and L. Sanford Selvey, II, Esquire.

Neither Respondent nor his counsel appeared at the final hearing on July 21, 1982. Upon inquiry by the Hearing Officer, counsel for Petitioner stated that he had previously been advised by Mr. Selvey's office that the case files of Mr. Williams had been referred by the Circuit Court to Dexter Douglas, Esquire as an inventory attorney, and that upon inquiring of Mr. Douglas' office, he was informed that two letters had been sent to Respondent informing him of the hearing date in this proceeding. Upon direction of the Hearing Officer, counsel for Petitioner again contacted Mr. Douglas' office to ascertain if any response to the letters had been made by Respondent. Counsel was advised that letters, dated June 29 and June 30, 1982, had been sent to Respondent, advising him of the date of hearing and of the need to obtain representation, but no response was received. Based upon these representations, and under all the circumstances, it was determined that adequate notice of the hearing had been provided Respondent, and Petitioner was permitted to proceed with presentation of its case as an uncontested proceeding.

Petitioner presented the testimony of four witnesses and submitted four exhibits in evidence.

FINDINGS OF FACT

1. Respondent, Earl Junior Beagles, was first employed with the Tallahassee Police Department in January, 1967. He received certification as a "grandfathered" law enforcement officer in June of 1967. In 1979, he was a sergeant in charge of the Vice and Narcotics unit of the Police Department. (Testimony of Tucker, Westfall)

   
   

2. In November or December of 1979, Respondent obtained $200 from the Police Department informant fund upon authorization of Police Chief Melvin Tucker. At the time, Respondent told Chief Tucker that he wanted the funds to compromise a prostitute in order to obtain access to a local drug dealer. In March, 1980, one Patricia Dalton made allegations to police officials that on December 19, 1979, Respondent had coerced her into having sexual relations with him. Specifically, she told police investigators that she was a prostitute and had previously received a telephone call from someone identifying himself as "Bill", and that they arranged to meet at a local motel. At that meeting in the motel room, they arrived at an understanding that she would furnish her services for $150. She produced a small portion of cocaine, at which point Respondent placed her under arrest for drug possession and prostitution whereupon she commenced to cry, but Respondent told her that he was sure they could work

   things out and make a deal. Respondent turned the cocaine over to his partner, Officer Lewis Donaldson, and told him that he would take Miss Dalton home. She alleged that she departed with Respondent and that later, at his request, she registered at another hotel under a fictitious name where he coerced her into having sexual intercourse and fellatio with him. (Testimony of Tucker, Coe)

   
   

3. Police investigators verified the fact that Miss Dalton had been transported in a taxicab to the motel where she had allegedly met Respondent on December 19, 1979, and also that she had registered under a fictitious name at the second motel on that date. As part of the investigation, Miss Dalton was equipped with a "body wire" to enable the investigators to monitor a conversation that she had with Respondent at the Greyhound Bus Station in Tallahassee. Although the investigators observed Miss Dalton enter the bus station, they did not personally see Respondent from their monitoring location nearby. However, they were able to recognize his voice from the tape recording made of the conversation. Respondent made admissions during the conversation which gave credence to Dalton's contentions that he had had prior sexual relations with her and had not pursued criminal charges against her. A transcript of the conversation shows that he made the following statements to her: "No, you're unarrested, no charges, forget it, it's over. Call it washed clean." and "For God's sake, don't mention my deal about dropping those God-damn charges". Police records reflect that Respondent never initiated charges against Patricia Dalton and that he returned the entire amount of $200 which he had obtained from the informant fund. (Testimony of Coe, Runo, Petitioner's Exhibit 2)

   
   

4. As a result of the investigation, Respondent was indicted for sexual battery, extortion, and bribery in the Leon County Circuit Court on April 23, 1980. On that date, Chief Tucker advised Respondent of the Dalton complaint, but Respondent denied all of her allegations of misconduct. Respondent was then suspended from his employment with the Police force pending disposition of the criminal charges. (Testimony of Tucker, Petitioner's Exhibits 1, 4)

   
   

5. On October 17, 1980, Respondent entered a plea of nolo contendere to one count of unlawful compensation (Section 838.016, F.S.) which is a third degree felony, and one count of simple assault which is a misdemeanor. Adjudication of guilt and imposition of sentence was withheld and he was placed on probation for a period of two years. In the opinion of Chief Tucker and Lieutenant Thomas R. Coe, Jr. of the Tallahassee Police Department, Respondent's actions in connection with the Dalton incident did not meet the required standards of moral character required for certification as a law enforcement officer. After the indictment, Respondent was discharged from his employment with the Department. (Testimony of Tucker, Coe, Petitioner's Exhibit 1)

   
   

6. Although hearsay testimony was received from a police investigator concerning another incident of sexual misconduct involving another alleged prostitute in 1977, insufficient competent evidence was received upon which to base findings of fact. (Testimony of Runo)

   
   

   CONCLUSIONS OF LAW

   
   

7. By its Amended Administrative Complaint, Petitioner seeks to suspend or revoke Respondent's law enforcement officer's certificate pursuant to subsection 943.145(3)(a), Florida Statutes, for his failure to maintain qualifications established in Section 943.13, Florida Statutes.

8. Specifically, it is alleged that Respondent failed to maintain qualifications under subsection 943.13(4), F.S. by his plea of nolo contendere to the offenses of unlawful compensation, a third degree felony, and to simple assault, a misdemeanor. The complaint recites that the unlawful compensation offense is in violation of Section 836.016, F.S. rather than Section 838.016,

   F.S. an obvious scrivener's error. At the time Respondent entered his plea to the charges on October 17, 1980, subsection 943.13(4), F.S. (1980), provided, as a qualification for employment or appointment as a law enforcement officer, in part as follows:

   
   

   (4) Not have been convicted of a

   felony or of a misdemeanor involving 'moral turpitude' as the term is defined by law....

   For the purposes of this section and s. 943.145, any person who, after October 1, 1980, pleads guilty or nolo contendere to or is found guilty of a felony or of a misdemeanor involving moral turpitude shall not be eligible for employment as a law enforcement officer, notwithstanding suspension of sentence or withholding

   of adjudication.

   
   

   By his plea to a violation of Section 838.016, F.S., a felony, Respondent ceased to meet that particular qualification and therefore his certification is subject to suspension or revocation under subsection 943.145(3)(a), F.S. It should be noted that the present version of subsection 943.13(4) reflects a change in the commencement date for recognition of a nolo contendere plea as a bar to employment, from October 1, 1980 to July 1, 1981. It is obvious that this change was inadvertent on the part of the Legislature inasmuch as Chapter 81-24, Laws of Florida, which amended the statutory provision, showed only the intent to bring correctional officers within the purview of the provision, and there is no indication that a change was being made with respect to law enforcement officers. In any event, it is considered that the 1981 law represents a substantial reenactment of the prior provision. McKibben v. Mallory, 293 So.2d 48 (Fla. 1974)

   
   

9. Petitioner's second alleged ground for disciplinary action is Respondent's purported failure to maintain good moral character, a qualification for employment under subsection 943.13(7), F.S. (1979), and which has remained unchanged in Chapter 943. Respondent's misconduct in connection with Patricia Dalton clearly shows a lack of good moral character, and accordingly, it is concluded that he has failed to meet that qualification for employment as a law enforcement officer.

   
   

10. The serious nature of the established grounds for discipline warrants revocation of Respondent's certification as a law enforcement officer.

RECOMMENDATION

That the Criminal Justice Standards and Training Commission issue a final order revoking the certification of Respondent as a law enforcement officer.

DONE and ENTERED this 30 day of August, 1982, in Tallahassee, Florida.

THOMAS C. OLDHAM

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 30th day of August, 1982.

COPIES FURNISHED:

Arthur C. Wallberg, Esquire Department of Legal Affairs Room 1601, The Capitol Tallahassee, Florida 32301

Earl Junior Beagles Star Route, Box 506B

Tallahassee, Florida 32304

Sheriff Don R. Moreland Chairman

Criminal Justice Standards and Training Commission

Marion County Sheriff's Department

P. O. Box 1987 Ocala, Florida 32670

M. Howard Williams, Esquire Post Office Box 382 Tallahassee, Florida 32302

William S. Westfall, Jr., Bureau Chief Bureau of Standards

Division of Criminal Justice Standards & Training Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302

Docket for Case No: 81-001633

Orders for Case No: 81-001633