STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JEROME J. BROWN, )

)

Petitioner, )

)

vs. ) CASE NO. 84-0399

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

)

Respondent. )

)

RECOMMENDED ORDER

The final hearing was held in this case in Miami, Florida, on March 23, 1984.

APPEARANCES

For Petitioner: Patricia E. Kahn, Esquire

North Miami, Florida

For Respondent: Randall A. Holland, Esquire

Tallahassee, Florida

ISSUE

The sole issue is whether the graduation of Petitioner, Jerome J. Brown (Brown), from Barry University, Miami, Florida, on December 19, 1981, with a bachelor of science degree in professional and 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).

Respondent, Department of Law Enforcement, Criminal Justice Standards and Training Commission (the Commission), has stipulated that Brown has met all other requirements for Commission certification of eligibility for salary incentive monies under Section 943.22(2)(c), Florida Statutes (1981).

FINDINGS OF FACT 1/

1. On December 19, 1981, Brown was graduated from Barry University, Miami, Florida, with a bachelor of science degree in professional and liberal studies. The degree represents a combination of two programs offered to adult students through Barry University's School of Adult and Continuing Education: a bachelor of professional studies (BPS) program; and a bachelor of liberal studies (BLS) program.

2. Barry University's School of Adult and Continuing Education programs are designed for adults who, because of family and work responsibilities, are unable to attend college classes in a traditional manner or at traditional class times. Students enrolled in the School of Adult and Continuing Education must meet the same graduation requirements as other Barry University students. These requirements include:

   
   

   1. Satisfactory completion of a minimum of 120 credits with a cumulative average

      of at least 2.00 (C). Of the total, a mini- mum of 40 credits must be in courses num- bered above 299 in Barry University's catalog (i.e., upper level courses), and

      the last 30 credits and the majority of the major course work must be completed at Barry University;

   2. Satisfactory completion of at least

      45 credits of distributed course work, including 9 credits in each of the areas:

      religious studies and philosophy; written and oral communication; natural science and mathematics; social and behavioral sciences; and humanities and arts.

   3. A double major requires 30 to 40 credits in each of the two major areas of study.

      
      

3. However, the School of Adult and Continuing Education at Barry University recognizes that adult students often have attained knowledge that is appropriate for academic credit, and it awards up to a maximum of 60 hours of such credit towards a degree (with the amount varying with each student's professional and vocational background) to students who can document professional development and competence in an evaluation portfolio.

   
   

4. The portfolio is evaluated on the basis of how it: verifies the student's professional experience; demonstrates the effect of the student's professional experience on his or her personal development and future goals; and demonstrates the student's ability to communicate in writing and organize the portfolio.

   
   

5. In addition to credit awarded as a result of evaluation of the student's portfolio, Barry University's School of Adult and Continuing Education gives students credit for college credit courses taken prior to enrollment at Barry University. However, as stated, a minimum of 30 hours of credit must be taken at Barry University.

   
   

6. Barry University's liberal studies and professional studies programs are designed to be pursued by adults in a great variety of professional and vocational pursuits. Within the parameters already discussed, the student is free to tailor the program to his or her personal needs and desires. Over 100 law enforcement officers, from patrolmen on up, have enrolled in Barry University's professional studies program. Most of them have been personally motivated to advance through the ranks of their agencies and have tailored their degree programs to afford a concentration in courses related to the management functions of their agencies.

7. Brown's portfolio, on which he worked on and off for some nine months, reflected his employment as an insurance agent from 1971 through 1975 and his employment by the North Miami Police Department from 1975 to date (since 1981 as a K-9 patrolman). It also reflected a 50-hour training program in risk insurance in 1974 and some 944 hours of education and training in law enforcement, 400 of which were at Miami-Dade Community College Southeast Florida Institute of Criminal Justice. For the professional experience documented in his portfolio, Brown was awarded 60 hours of credit towards his degree. Of that total, Brown needed to use only 36 hours, since he also was given credit for 51 hours of college courses taken at Biscayne College, Miami, Florida, and took 33 hours of courses at Barry University.

   
   

8. The Biscayne College courses for which Barry University gave Brown credit include:

   
   

   COURSE	CREDIT	HOURS
   FRESHMAN COMP AND LIT I	3
   EUROPEAN HISTORY I	3
   MATHEMATICAL PRINCIPLES	3
   INTRODUCTORY SPANISH I	3
   RELIGION IN HUM EXP	3
   POLICE ADMIN	3
   FRESHMAN COMP AND LIT I	3
   MATH PRINC II	3
   LOGIC	3
   INTRODUCTORY SPANISH II	3
   MOD SOC PROB IN CHRI PE	3
   EUROPEAN HISTORY I	3
   PRINC OF MGMT	3
   PRIN OF ECO I	3
   INTRO TO STATISTICS	3
   DIGITAL COMPUT PROG	2
   BASIC ACCOUNTING	4
   PRINCIPLES OF MARKETING	3
   PRINCIPLES OF ECONOMICS	3
   EUROPEAN HISTORY II	3

   
   

   Brown already receives $30/month of salary incentive monies under Section 943.22(2)(b), Florida Statutes (1983), for earning an associate of arts degree, the equivalent of a community college degree.

   
   

9. The courses Brown took at Barry University include:

   
   

   COURSE	CREDIT	HOURS
   INVESTMENTS	3
   AMERICAN GOVT	3
   MGT CONCEPTS & APPL	3
   SOC & ETHIC ISSUES BUS	3
   ORGANIZATIONAL BEHAV	3
   PRIN ACCOUNTING II	3
   ORGANIZATIONAL COMM	3
   BUSINESS LAW I	3
   AUDITING	3
   INTERMEDIATE ACCOUNTING	3
   MANAGERIAL COST ACCOUNT	3

   Although Brown received his degree in professional and liberal studies, the courses which he took would have been sufficient to enable him to have been graduated from Barry University with a bachelor of science degree in management.

   
   

10. As mentioned, Brown currently is a K-9 patrolman with the North Miami Police Department. As such, the primary relationship of the degree he earned from Barry University to his current job functions would be the benefits he would derive from having attempted to become a more well-rounded person. Specifically, Brown's education for which he received his Barry University degree assists Brown in dealing with the wide variety of members of the public with which he comes in contact as a patrolman. For example, he is better able to understand the probable perceptions various members of the public might have of him as a policeman and be better able to predict and deal with their reactions to him. In addition, Brown's education, particularly in the area of management, makes Brown better able to understand the management perspective and therefore better able to function as a patrolman for the North Miami Police Department. Finally, Brown's job as a K-9 patrolman requires him to account for all expenditures he makes in the scope of that employment, and his education in the area of accounting assists him in performing that function (although it cannot be said that Brown truly is in an accounting position at the North Miami Police Department) For these reasons, Brown's Barry University degree is compatible with his job functions at the North Miami Police Department.

    
    

11. Brown's Barry University degree also is compatible with and even more directly related to the functions of his employing agency. Brown's degree is more directly related to each successively higher rank or position within the North Miami Police Department. The agency includes officers in positions of management, administration, supervision of other officers, budgeting, and public relations.

    
    

    CONCLUSIONS OF LAW

    
    

12. Before turning to the substantive law, one evidentiary matter remains to be determined. Brown offered for introduction in evidence the 1983-84 Barry University Catalog. The exhibit was marked "Petitioner's Exhibit 3" for identification. The Commission objected to the introduction of petitioner's Exhibit 3 on the ground that it is irrelevant. Having had an opportunity to review the exhibit, I overrule the objection and receive Petitioner's Exhibit 3 in evidence notwithstanding the objection.

    
    

13. The sole issue in this case is whether the Commission should certify that Brown's graduation from Barry University with a bachelor of science degree in professional and liberal studies constitutes graduation with a "major study concentration area" relating to the criminal justice system. 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.

    
    

14. Section 943.22(2)(c), Florida Statutes (1983), provides:

    
    

    (c) 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).

    
    

    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 com- mission and department records indicate graduation from an accredited college or university with a major study concentra- tion relating to the criminal justice system. For the purpose of this section, the commission shall establish which major study concentration 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 con- text otherwise requires:

    (11) "Major Study Concentration Area" means, as identified on official sealed transcripts, a major in criminal justice, law enforcement, courts, corrections, management, human resources management, management science, administrative sys- tems, general business administration, public administration, social work, social welfare, communications, account- ing, 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.

    
    

15. Brown's major, as identified on his official transcript, was in professional and 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." Brown's major is compatible with the functions of the North Miami Police Department and Brown's job as a K-9 patrolman.

    
    

16. In addition, reference to the majors that are specifically identified in the rule affords guidance in determining the type 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 professional and liberal studies also should qualify.

    
    

17. Finally, by the terms of Rule 11B-14.01(11), a major in "management," "management science," "general business administration," "communications," "accounting," and "psychology" qualify. Meanwhile, Brown's major in professional and liberal studies is made up of a combination of courses in all those areas which would have enabled Brown to graduate with a major in management, had he so chosen, instead of in professional and liberal studies.

18. Therefore, Brown's degree in professional and liberal studies would constitute a major study concentration area related to the criminal justice system under the rule.

    
    

19. However, in proper circumstances, an agency may deviate from its own promulgated rules. See E. M. Watkins & Co., Inc. v. Bd. of Regents, 414 So.2d

    583 (Fla. 1st DCA 1982). Deviation from a promulgated rule is permissible, for example, when the rule does not address factual circumstances not contemplated when the rule was promulgated.

    
    

20. In this case, Rule 11B-14.01(11) addresses the area of study concentration. But it does not address the amount of study required to make up a "major study concentration area." In promulgating the rule, the Commission did not contemplate and did not address study programs, such as the Barry University Adult and Continuing Education Program, in which upper level college credit is given for "life experiences."

    
    

21. Under the Barry University program, a student can get up to 60 hours (or one full year) of upper level college credit without studying at all. Brown got 60 hours of credit for "life experience" and used 36 hours of that credit to obtain his degree.

    
    

22. Brown already gets $30/month of salary incentive monies under Section 943.22(2)(b) for earning an associate of arts degree, the equivalent of a community college degree, by studying approximately 60 hours of college courses. He now seeks to be declared eligible for another $50/month for studying just 33 additional hours of college courses and getting credit for 36 hours for his "life experience."

    
    

23. It cannot be said that the salary incentive program established under Section 943.22(2)(c), Florida Statutes, provided any significant incentive for Brown to acquire his "life experiences." He would have had them anyway. The Legislature did not intend to reward "life experience" with salary incentive monies under Section 943.22(2)(c).

    
    

24. For the foregoing reasons, Brown's degree, obtained substantially through credit awarded for "life experiences," does not represent a "major study concentration," as that phrase is used in Section 943.22(1)(i), Florida Statutes (1983). Regardless whether the courses Brown studied related to the criminal justice system, his degree does not make him eligible for salary incentive monies under Section 943.22(2)(c).

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, it is recommended that the Criminal Justice Standards and Training Commission: (1) certify that the Commission and Department of Law Enforcement records do not indicate that petitioner, Jerome J. Brown, was graduated from an accredited college or university with a major study concentration relating to the criminal justice system; and (2) issue a declaratory statement that Brown is not eligible to receive salary incentive money under Section 943.22(2)(c) Florida Statutes (1983).

RECOMMENDED this 24th day of April, 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 24th day of April, 1984.

ENDNOTE

1/ Except to the extent consistent with the following findings of fact, all proposed findings of fact are rejected as either being not supported by competent substantial evidence, being contrary to the greater weight of the evidence, or being irrelevant.

COPIES FURNISHED:

Patricia E. Kahn, Esquire Martin D. Kahn, P.A.

735 N.E. 125th Street North Miami, Florida 33161

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

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

Mr. Robert R. Dempsey Executive Director

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

JEROME J. BROWN,

Petitioner,

vs. DOAH CASE NO. 84-0399

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 proceedings 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. The Commission expressly rejects the hearing officer's Conclusions of Law contained in the second, third, and fourth paragraphs of page 7, The Commission finds that Petitioner does not have a degree which is related to criminal justice.

   
   

3. The Commission hereby adopts the Conclusions of Law of the hearing officer which are not expressly rejected by the above paragraph. IT IS THEREFORE

ORDERED AND ADJUDGED that Jerome J. Brown is not 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 14 day of August, 1984.

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION

By Walter C. Heinrich, Sheriff Chairman

COPIES FURNISHED:

All Counsel of Record Jerome J. Brown

Docket for Case No: 84-000399

Orders for Case No: 84-000399