STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2106

)

GLENSA POOLE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice this cause came on for administrative hearing before P. Michael Ruff, duly designated Hearing Officer of the Division of Administrative Hearings, on June 1, 1982, in Miami, Florida.

APPEARANCES

For Petitioner: Jesse J. McCrary, Esquire

3050 Biscayne Boulevard, Suite 300

Miami, Florida 33137

For Respondent: William DuFresne, Esquire

1782 One Biscayne Tower

Two South Biscayne Boulevard Miami, Florida 33131

This proceeding was initiated by the School Board of Dade County on an Amended Notice of Charges wherein it is alleged that Glensa Poole has a long history of passing worthless bank checks, commencing with the year 1977 and continuing as a pattern of conduct through the year 1981. It is alleged that the Respondent was found guilty in Circuit Court for the 11th Judicial Circuit of unlawfully obtaining services, goods, wares or other things of value by means of worthless checks or drafts in nine (9) different cases. It is thus alleged that the above acts with which the Respondent is charged, if proven, constitute a violation of Section 231.36(6), Florida Statutes, in that they constitute crimes involving moral turpitude and grounds for termination of employment.

The Petitioner presented Exhibit One, which was admitted into evidence, which constitutes the court records establishing nine (9) felony convictions involving unlawfully obtaining services, goods, wares or other things of value by means of a worthless check or draft. The Respondent presented no testimony or evidence, merely arguing at the conclusion of the Petitioner's case that the Petitioner failed to establish that the Respondent herein was the same Glensa Poole who committed the criminal acts which are the subject of the School Board's Notice of Charges in this case. This proceeding has been pending for a substantial period of time and has been set for hearing and continued at least once previously and no timely Motion to Dismiss alleging that the Respondent had been mistakenly charged for the acts of another person has ever been raised.

FINDINGS OF FACT

1. The Respondent, Glensa Poole, is a teacher licensed to teach in the State of Florida and was employed by the Petitioner, School Board of Dade County, as a teacher at Little River Elementary School during all times pertinent hereto, to wit: 1977 through 1980. The Petitioner is an agency of the government of Metropolitan Dade County charged with conducting public education, including operation and maintenance of public school facilities as well as the hiring, regulating and supervision of the conduct, practices and activities of teachers in those facilities, including the Respondent.

   
   

2. The Respondent, in four (4) cases in 1977 and in five (5) cases in 1980, committed offenses involving the negotiating of worthless bank checks or drafts in return for goods, services or items of value for which he was convicted in the Circuit Court for the 11th Judicial Circuit. These convictions all were for third degree felonies and sentences varying from three (3) to five

   (5) years ware imposed for all nine (9) convictions. The sentences were suspended and probationary terms imposed in their stead. The record does not reflect whether the Respondent remains under his probationary term or not as of the date of the hearing. The criminal charges of for which the Respondent was convicted involve knowingly making, uttering and issuing worthless bank checks and drafts in return for goods, services or other items of value and the statute under which he was convicted for those felony charges, Section 832.05, Florida Statutes, necessarily involved, for a conviction to be entered, a finding that the Respondent knowingly issued the worthless checks with the intent to defraud others of goods, services or items of value.

   
   

3. The Respondent, Glensa Poole, is the same Glensa Poole or Glensa John Poole who was found guilty of the nine (9) felony charges involved herein.

   
   

   CONCLUSIONS OF LAW

   
   

4. Section 231.36(6), Florida Statutes, provides as follows:

   
   

   Any member of the district administrative or supervisory staff and any member of the instructional staff, including any principal, may be suspended or dismissed at any time during the school year; pro- vided that the charges against him must be based on immorality, misconduct in office, incompetency, gross insubordin- ation, willful neglect of duty, drunken-

   ness, or conviction of any crime involving moral turpitude. . .

   
   

5. There is no question, and the evidence is totally uncontradicted, in establishing that the Respondent indeed committed nine (9) felony offenses between 1977 and 1980 and was duly convicted. All these offenses involved acts designed to permanently deprive another of the possession of his property, goods or services through deceptive, dishonest or fraudulent conduct; to wit, writing bank checks with knowledge that there were insufficient funds to cover them and obtaining in return for the worthless checks items of value or services from the victims, the payees of the checks. A conviction of these crimes necessarily involves a finding that the perpetrator, the Respondent, was clothed with the intent to defraud or deceive the victims, the recipients of his checks. A crime of moral turpitude has been defined as "anything done contrary to justice,

honesty, principle or good morals." Carp v. Florida Real Estate Commission, 211 So.2d 240, 241 (Fla. 3rd DCA 1968). A crime of moral turpitude has been more recently defined as a crime having as its essential element the intent by the perpetrator to defraud or deceive another. See Winestock v. Immigration and Naturalization Service, 576 Fed.2d 234 (9th Circuit 1978). The record in this case represented by Exhibit One establishes without question that indeed the Respondent is guilty of not only of a crime of moral turpitude, but an entire pattern or course of conduct over several years of nine (9) similar crimes of moral turpitude, involving the same type of conduct. Given this circumstance, the penalty sought to be imposed by the School Board is entirely appropriate and warranted and it is concluded by the undersigned that the termination of the Respondent from employement with the Petitioner School Board and the forfeiture of his back pay is appropriate and should be affirmed.

RECOMMENDATION

Having considered the foregoing findings of fact and conclusions of law, the evidence in the record and the arguments of counsel, it is, therefore

RECOMMENDED:

That Glensa John Poole should be dismissed from his employment with the Dade County School Board and that he should forfeit all back pay.

DONE and ENTERED this 17th day of November, 1982, in Tallahassee, Florida.

P. MICHAEL RUFF, 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 17th day of November, 1982.

COPIES FURNISHED:

Jesse J. McCrary, Esquire

3050 Biscayne Boulevard, Suite 300

Miami, Florida 33137

William DuFresne, Esquire 1782 One Biscayne Tower

Two South Biscayne Boulevard Miami, Florida 33131

Dr. Leonard M. Britton, Superintendent Dade County Public Schools

Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 81-002106

Orders for Case No: 81-002106