STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, CRIMINAL ) JUSTICE STANDARDS AND TRAINING ) COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 82-1958

)

FRANKLIN PENDLETON TAYLOR, )

)

Respondent. )

)

RECOMMENDED ORDER

A formal hearing was held in this matter before Marvin E. Chavis, duly designated Hearing Officer of the Division of Administrative Hearings, on October 28, 1983, in Tampa, Florida.

APPEARANCES

For Petitioner: Dennis S. Valente, Esquire

Assistant General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302

For Respondent: None

ISSUES AND BACKGROUND

This case involves the issue of whether the Respondent demonstrated lack of good moral character and made a false representation on an application for employment with the City of Tampa Police Department when he failed to disclose several prior places of employment. By an amended notice of hearing, dated September 15, 1983, Respondent was given due notice of the formal hearing held on October 28, 1983. By a pleading addressed to the undersigned Hearing Officer and dated October 22, 1983, the Respondent acknowledged receipt of the notice of hearing and stated that he would not be attending the hearing. Respondent stated no proper grounds for the granting of a continuance and no continuance was requested in accordance with the Model Rules of Procedure.

At the formal hearing, the Petitioner called as witnesses Carl A. Kaluhiokalani, R. S. Noblitt, Kenneth H. Taylor, Oscar Crosby, Curtis Lane, Elmer Barry, Sue Campbell. The Petitioner offered and had admitted into evidence four exhibits. The Respondent did not appear and did not present evidence on his behalf.

FINDINGS OF FACT

1. At all times material to these proceedings, Respondent has held law enforcement officer certificate No. 02-026704. This certificate has been in an inactive status since May 14, 1981.

   
   

2. On June 11, 1980, the Respondent applied for employment with the Tampa Police Department. On September 15, 1980, the Respondent became employed by the Tampa Police Department. On May 14, 1981, The Respondent was terminated for failure to disclose material information on his employment application.

   
   

3. The Respondent had previously worked at the Central Garage, City of Tampa, for a short period of time in 1973. He was terminated because of being lazy and uncooperative and because he was found sleeping in the back of a police car while on duty. This employment was not disclosed on his June 11, 1980, application to the Tampa Police Department. In 1974, the Respondent had first applied for employment with the Tampa Police Department and was not hired because of information that he had previously been terminated from another city department because of being lazy and uncooperative.

   
   

4. The Respondent was employed by Barry Investigations in April 1979, and was employed by J. C. Penney from September 12, 1978, through January 28, 1979. Neither of these employers was disclosed on the employment application of June 11, 1980.

   
   

5. The application form requests the applicant's entire employment record. The application form asks for the applicant's employment record without limitation as to the time period covered. The form states that the applicant is to "REQUEST ADDITIONAL SHEETS IF NEEDED," to list more than the five employers for which space is provided on the standard form.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties of this action.

   
   

7. The Criminal Justice Standards and Training Commission within the Department of Law Enforcement has the authority to suspend or revoke law enforcement officer certificates for those grounds set forth in Section 943.145(3), Florida Statutes (1981).

   
   

8. The Respondent is charged with having violated Sections 943.145(3)(b) and (c) which provide respectively as grounds for suspension or revocation of a certificate:

   
   

   1. Falsification or a willful material misrepresentation of information in an employment application to an employing agency.

   2. The commission of conduct by the certi- ficate holder constituting gross insubordi- nation, gross immorality, habitual drunkenness, willful neglect of duty, incompetence, or

      gross misconduct which seriously reduces the certificate holder's effectiveness as a law enforcement officer or a correctional officer.

9. The evidence established that the prior employment record of a police officer is a material part of the application process. Respondent had previously been denied employment with the Tampa Police Department because of his unfavorable employment record with another city department. The omission of three separate employers is more than mere oversight on the part of the Respondent and were clearly called for on the application. This, coupled with the Respondent's prior unsuccessful application due to an unfavorable employment history, establish a knowing omission or misrepresentation on the part of Respondent. Thus it is concluded that Respondent is guilty of a violation of Section 943.145(3)(b), Florida Statutes.

   
   

10. The evidence failed to establish a violation of Section 943.145(3)(c), Florida Statutes.

    
    

11. Counsel for the Petitioner submitted proposed findings of fact and conclusions of law for consideration by the Hearing Officer. To the extent that such proposed findings and conclusions conflict with the findings and conclusions in this order, they were rejected as not being supported by the evidence or as unnecessary to a resolution of this cause.

RECOMMENDATION

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

That a final order be entered finding the Respondent guilty of a violation of Section 943.145(3)(b), Florida Statutes and suspending his law enforcement officer certificate for a period of two years.

DONE AND ORDERED this 5 day of June 1984, in Tallahassee, Florida.

MARVIN E. CHAVIS

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

Filed with the Clerk of the Division of Administrative Hearings this 5th day of June 1984.

COPIES FURNISHED:

Susan Tully, Esquire Department of Legal Affairs The Capitol, Room 1601 Tallahassee, Florida 32301

Franklin P. Taylor Robert R. Dempsey, Executive Director

P.O. Box 2136 Department of Law Enforcement Lutz, Florida 33549 Post Office Box 1489

Tallahassee, Florida 32302

Dennis S. Valente, Esquire Department of Law Enforcement Post office Box 1489 Tallahassee, Florida 32302

Daryl G. McLaughlin, Director Division of Criminal Justice Standards and Training Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302

Docket for Case No: 82-001958

Orders for Case No: 82-001958