STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ALFONSO CERONE, )

)

Petitioner, )

)

vs. ) CASE NO. 84-0398

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

)

Respondent. )

)

RECOMMENDED ORDER

The final hearing was held in this case in Largo, Florida, on May 22, 1984.

The sole issue is whether the graduation of Petitioner, Alfonso J. Cerone (Cerone), from the State University of the State of New York (SUNY) on March 26, 1982, with a bachelor of science degree in Liberal Studies constitutes graduation "with a major concentration relating to the criminal justice system," as that phrase is used in Section 943.22(1)(i), Florida Statutes (1983), and whether Cerone is otherwise eligible for salary incentive monies under Section 943.22(2)(c), Florida Statutes (1983).

APPEARANCES

For Petitioner: Alfonso J. Cerone

Largo, Florida, pro se

For Respondent: Randall A. Holland, Esquire

Tallahassee, Florida FINDINGS OF FACT 1/

1. Cerone received a bachelor of science degree in Liberal Studies from SUNY on March 26, 1982. Cerone never attended SUNY, but received his degree from SUNY's external program. The external program at SUNY, like other similar programs at other universities in the United States, is designed to meet the needs of military personnel like Cerone who are unable to meet the residency requirements of the degree programs of most universities. The number of different majors in which a degree is awardable in the SUNY external program is limited and does not include a major in foreign languages.

   
   

2. To earn his degree, Cerone took 130 credit hours of course work at various places from 1966 through 1976 to meet the 120-credit-hour requirement of SUNY's external program. This credit included 27 hours of credit for intensive courses in Vietnamese taken at the Defense Institute during a 47-week period in

   1968 and 1969 and in which Cerone earned high grades. It also included 12 credit hours for intensive course work in French taken at the Defense Language Institute between May and November 1966, in which Cerone also earned high grades. Cerone was on duty with the United States Navy and received his normal military pay while he took these courses free of any personal charge to him.

   
   

3. In addition, Cerone earned 12 credit hours for course work in Spanish,

   3 additional hours for course work in French, and 3 hours for course work in Italian while earning his associate's degree from Pensacola Junior College in 1972 and 1973 through the Navy's associate's degree completion program. Later, between 1974 and 1976, Cerone earned another 9 hours of credit for course work in Spanish (and 6 hours of credit for basic courses in law enforcement) for courses taken in Spain through the University of Maryland.

   
   

4. The courses Cerone took in foreign languages were rigorous and, in the process of earning college credit, Cerone became very proficient in foreign languages, particularly Vietnamese and French. Since such a high degree of proficiency was mandatory for Cerone's work in Navy Intelligence, the courses Cerone took were highly focused and coordinated for that purpose. While by necessity not the typical college course of study, the combination of courses and on-the-job practice of his language skills were designed to and did lead to Cerone's high degree of proficiency in foreign languages.

   
   

5. Cerone became a law enforcement officer with the Largo Police Department on April 7, 1982. Since then, Cerone has had numerous occasions to use his foreign language skills, especially Vietnamese and French, in circumstances related to police work. His own Largo Police Department, three other area law enforcement agencies, the Florida Highway Patrol, two area hospitals, and the State Attorney's office all have had occasion to request and receive Cerone's assistance, both on and off duty, in various circumstances. In most cases, Cerone's assistance is needed by the other professionals to accomplish their respective duties (for example, administering Miranda rights and sobriety tests to, and making arrests of, persons who speak no English, but one of the foreign languages in which Cerone is proficient).

   
   

6. In summary, Cerone's SUNY degree is more than just compatible with his job functions at the Largo Police Department and more than just compatible with the functions of the Largo Police Department. Rather, Cerone's degree greatly enhances his ability to perform his job functions and greatly enhances the ability of the Largo Police Department to perform its functions in the Largo community.

   
   

   CONCLUSIONS OF LAW

   
   

7. The first issue raised by the pleadings and evidence in this case is whether the Commission should certify that Cerone's graduation from the State University of the State of New York with a bachelor of science degree in Liberal Studies constitutes graduation with a "major study concentration area" relating to the criminal justice system. 2/ As such, this is the proceeding which will result in the declaratory statement referred to in Rule 11B-14.03(1)(g), Florida Administrative Code.

   
   

8. Section 943.22(2), Florida Statutes (1983), provides, in pertinent part:

   
   

   1. Each law enforcement or correctional officer who has a com-

      munity college degree or equivalent shall receive a sum not exceeding

      $30 per month in the manner provided for in paragraph (h).

   2. Any law enforcement or correctional officer who receives a bachelor's degree shall receive an additional sum not exceeding $50

      per month in the manner provided for in paragraph (h).

      
      

9. Section 943.22(1)(i), Florida Statutes (1983), provides:

   
   

   (i) Requirement of a "bachelor's degree" is satisfied when a law enforcement or correctional officer holds a document from the commission certifying that commission and department records indicate gradu- ation from an accredited college or university with a major study con- centration relating to the criminal justice system. For the purpose of this section, the commission shall establish which major study concen- tration areas relate to the criminal justice system.

   
   

   Pursuant to that legislative mandate, the Commission promulgated Rule 11B-14.01, Florida Administrative Code, which provides in pertinent part:

   
   

   Therefore, the following words or phrases shall have these meanings unless the context otherwise requires:

   * * *

   (11) "Major Study Concentration Area" means, as identified on offi- cial sealed transcripts, a major in criminal justice, law enforcement, courts, corrections, management, human resources management, manage- ment science, administrative systems, general business administration, public administration, social work, social welfare, communications, accounting, political science, government, home and family life, psychology, sociology, anthropology, education, philosophy, or any

   degree that is or has been found by the Commission to be compatible with

   the functions of the agency or the job.

10. Cerone's major, as identified on his official transcript, was in Liberal Studies. That major does not appear in so many words in Rule 11B- 14.01(11). However, the rule does include generally "any degree that is or has been found by the Commission to be compatible with the functions of the agency or the job." Cerone's major clearly is compatible with the functions of the Largo Police Department and Cerone's job as Professional Standards Officer.

    
    

11. In addition, reference to the majors that are specifically identified in the rule affords guidance in determining the types of majors which should qualify under the rule. By the very terms of the rule, a major in "home and family life," "anthropology," and "philosophy" would qualify. If majors in those areas qualify, a major in Liberal Studies also should qualify, especially in view of Cerone's convincing demonstrations that the language skills he has obtained are very helpful both to the Largo Police Department and other area law enforcement agencies.

    
    

12. Finally, by the terms of Rule 11B-14.01(ll), a major in "communications" qualifies. Meanwhile, Cerone's major in Liberal Studies is made up of a combination of foreign language courses which would have enabled Cerone to graduate with a major in [communication in] foreign languages if such a major were available in SUNY's external program or if Cerone had been able to attend college conventionally.

    
    

13. Therefore, Cerone's degree in Liberal Studies constitutes a major study concentration area related to the criminal justice system under the rule.

    
    

14. Cerone's case is different from the case of Jerome J. Brown v. Department of Law Enforcement, etc., DOAH Case No. 84-0399, Recommended Order entered April 24, 1984. Brown's degree was earned, in large part, through "life experiences" other than course study. Cerone's degree was earned from credit given for vigorous class study. Therefore, unlike Brown's degree, Cerone's degree does represent a "major study concentration," as that phrase is used in Section 943.22(1)(i).

    
    

15. But Cerone received his degree before he ever became a law enforcement officer (he actually took the courses that earned the degree long before he became a law enforcement officer). And while Section 943.22(2)(b) makes each law enforcement officer "who has [emphasis added] a community college degree or equivalent" eligible, 943.22(2)(c) only makes a law enforcement officer "who receives [emphasis added] a bachelor's degree" eligible. There is no reason to think that the Legislature did not intend the plain meaning of the distinction-- that one bust be a law enforcement officer at the time the bachelor's degree is received in order to be eligible for salary incentive money under 943.22(2)(c). This would be consistent with a rational agency policy to award salary money under 943.22(2)(c) only when that statute provides the incentive for the law enforcement officer to obtain the degree. See Brown, supra.

    
    

16. For the foregoing reasons, Cerone's degree does not entitle him to eligibility for salary incentive money under Section 943.22(2)(c), Florida Statutes (1983).

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Criminal Justice Standards and Training Commission issue a declaratory statement that Alfonso J. Cerone is not eligible to receive salary incentive money under Section 943.22(2)(c), Florida Statutes (1983).

RECOMMENDED this 15 day of June, 1984, in Tallahassee, Florida.

J. LAWRENCE JOHNSTON Hearing Officer

Division of Administrative Hearings Department of Administration

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 15th day of June, 1984.

ENDNOTES

1/ Cerone submitted posthearing argument, but no proposed findings of fact. Paragraph 7 of respondent's proposed findings of fact is rejected as a possibly misleading characterization of the facts which are set forth in these Findings of Fact; respondent's other proposed findings of fact are accepted.

2/ It is undisputed that SUNY is an "accredited college or university" as used in Subsection (i) and defined in Subsection (h) of Section 943.22(1), Florida Statutes (1983). In addition, there was no claim for, or sufficient proof of, eligibility for salary incentive money under Section 943.22(2)(b), Florida Statutes (1983), for having a community college degree or equivalent.

COPIES FURNISHED:

Mr. Alfonso J. Cerone Largo Police Department Post Office Box 296 Largo, Florida 33540

Randall A. Holland, Esquire Assistant Attorney General Department of Legal Affairs The Capitol, Suite 1601 Tallahassee, Florida 32301

Mr. Robert R. Dempsey Executive Director

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

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

================================================================= AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA DEPARTMENT OF LAW ENFORCEMENT

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION

ALFONSO CERONE,

Petitioner,

vs. DOAH CASE NO. 84-0398

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION,

Respondent.

/

ORDER

This matter came on for final action by the Criminal Justice Standards and Training Commission pursuant to Section 120.57(1)(b)9, F.S. at a public meeting on June 22, 1984, in Tampa, Florida, for consideration of the recommended order of the hearing officer entered herein. A transcript of the proceeding is available, if necessary.

FINDINGS OF FACT

1. The Commission, having reviewed the Findings of Fact adopts and incorporates by reference the Findings of Fact of the hearing officer.

   
   

   CONCLUSIONS OF LAW

   
   

2. Having reviewed the conclusions of Law, the Commission hereby adopts and incorporates by reference the hearing officer's Conclusions of Law contained on pages 3, 4, 5 and the portion of the paragraph found at the top of page 6.

   
   

3. The Commission hereby rejects the Conclusions of Law contained in the first two complete paragraphs on page 6. An applicant who receives a degree prior to becoming an officer will not be ineligible for salary incentive money. IT IS THEREFORE

ORDERED AND ADJUDGED that Alfonso J. Cerone is eligible to receive salary incentive money under Section 943.22(2)(c) Florida Statutes (1983).

This Order shall take effect on the date of filing. DONE and ORDERED this 14th day of August, 1984.

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION

Walter C. Heinrich, Sheriff Chairman

COPIES FURNISHED:

All Counsel of Record Alfonso J. Cerone

Docket for Case No: 84-000398

Orders for Case No: 84-000398