STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
MARGHERITA RENZI, )
)
Petitioner, )
)
vs. ) CASE NO. 84-1416
) DEPARTMENT OF LAW ENFORCEMENT, ) CRIMINAL JUSTICE STANDARDS AND ) TRAINING COMMISSION, )
)
Respondent. )
)
RECOMMENDED ORDER
A final hearing was held in this case in West Palm Beach, Florida, on March 5, 1985. At first, the issue was whether the graduation of petitioner, Margherita Renzi (Renzi), from Barry University, Miami, Florida, on May 10, 1981, with a bachelor of science degree in professional and liberal studies signifies graduation "with a major study 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), stipulated that Renzi has met all other requirements for Commission certification of eligibility for salary incentive monies under Section 943.22(2)(c), Florida Statutes (1983).
But now the Commission also contends that Renzi is not entitled to retroactive salary incentive monies and contends that this case is moot since Renzi has been receiving salary incentive monies since October 1, 1984 under statutory amendments enacted by Chapter 84-258, Laws of Florida (1984). Although not made an issue by Renzi's original petition, the parties consented, at least implicitly, to try the issues of retroactive eligibility and mootness in this proceeding.
FINDINGS OF FACT 1/
On May 10, 1981, Petitioner, Margherita Renzi (Renzi), 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 Harry University's School of Adult and Continuing Education: a bachelor of professional studies (BPS) program; and a bachelor of liberal studies (BLS) program.
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:
Satisfactory completion of a minimum of
120 credits with a cumulative average of at
least 2.00 (C). Of the total, a minimum of
48 credits must be in courses numbered 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;
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.
A double major requires 30 to 40 credits in each of the two major areas of study.
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.
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.
In addition to credit awarded as a result of evaluation of the student's portfolio, Barry University's School of Adult and Continuing Education give 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.
Renzi received 45 hours of credit towards her degree for "life experiences."
Renzi successfully completed 30 hours of classroom course work at Barry University.
The balance of the credit for which Barry University awarded Renzi a degree consists of credit earned at Miami-Dade Community College and the University of Miami and accepted by Barry University.
On December 27, 1984, the Department of Law Enforcement sent a letter to Renzi's employer authorizing salary incentive payments of $80.00 per month as of October 1, 1984, the date of Renzi's eligibility.
CONCLUSIONS OF LAW
Under Section 120.57(1), Florida Statutes (Supp. 1984), DDAH Hearing Officers have jurisdiction of an administrative proceeding such as this one "whenever the proceeding involves a disputed issue of material fact." In this case, there is no disputed issue of material fact. At final hearing, the parties stipulated to the facts, and the only questions are legal questions. Curiously, Section 120.57(1), Florida Statutes (Supp. 1984), provides that the
parties can agree to submit to a Hearing Officer for entry of a recommended order a case without any disputed issue of material fact. When they do, the Hearing Officer's conclusions of law constitute nothing more than an advisory opinion which the agency is free to reject. 2/ Nonetheless, the statute authorizes such a procedure, and the parties have chosen to assert their statutory right to it. Accordingly, this Hearing Officer has jurisdiction and, having conducted a formal administrative hearing in this case in West Palm Beach, will now enter this Recommended Order.
Section 943.22(2)(c), Florida Statutes (1983), provides:
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:
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 graduation from an accredited college or university with a major study concentration 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 until amended effective January 7, 1985, provided 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 official sealed transcripts, a major in criminal justice, law enforcement, courts, corrections, management, human resources management, management 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.
By enactment of Section 19, Chapter 84-258, Laws of Florida (1984), the Legislature removed the requirement that a bachelor's degree indicate graduation "with a major study concentration relating to the criminal justice system" in order to make a law enforcement officer eligible for salary incentive
monies. This amendment was effective October 1, 1984, and is now codified as Section 943.22(1)(b), Florida Statutes (Supp. 1984), which provides only: "'Bachelor's degree' means graduation from an accredited college or university."
Since Renzi became eligible for salary incentive money under the new law effective October 1, 1984, the issue whether Renzi is now eligible, prospectively, is moot.
The parties consented, at least implicitly, to try the issue whether Renzi is entitled to retroactive salary incentive monies under the law as it existed before October 1, 1984.
As previously mentioned, Section 943.22(2)(c), Florida Statutes (1983), states that any law enforcement officer "who received a bachelor's degree [as defined by Section 943.22(1)(i)] shall receive an additional sum not exceeding $50 per month in the manner provided for in paragraph (h)." (Emphasis added.)
Section 943.22(2)(h), Florida Statutes (1983), provides in pertinent part: "The commission shall establish rules as necessary to provide effectively for the proper administration of the salary incentive program."
Rule 11B-14.02(7), Florida Administrative Code, provides:
Salary incentive payments to state officers shall commence in the first full calendar
month following the initial date of eligibility.
Meanwhile, as previously stated, Section 943.22(1)(i), Florida Statutes (1983) , states that the requirement of a bachelor's degree "is satisfied when a law enforcement officer or correctional officer holds a document from the commission certifying that commission and department records indicate graduation . . . with a major study concentration relating to the criminal justice system."
Rule 11B-14.02(11), Florida Administrative Code (Annual Supp. 1983), in effect as of October 1, 1984, (now renumbered (12)), provides in pertinent part:
Once a document from the Commission or a Career Development Training Certificate is issued to an officer, the document or copies of the documents may be used by an officer to demonstrate to a new employer the eligibility and amount of salary incentive monies that must be paid, unless otherwise prohibited.
Finally, Rule 11B-14.03(1)(g), Florida Administrative Code (Annual Supp. 1983), provides:
(g) Upon written recommendation and justification by the officer's employing agency administrator and the receipt, special review and approval of the officer's official transcripts by the Commission, an eligible, certified officer who holds a Bachelor's
Degree or Graduate Degree with a major study concentration area not identified in 11B- 14.01(11) as being related to the criminal justice field shall be declared eligible for a salary incentive payment in the amount of
$80.00 per month provided the Commission issues a declaratory statement to that effect. The declaratory statement shall be filed in the records of the Division to reflect the Commission's ruling.
This is the proceeding which would have resulted in a declaratory statement whether Renzi is eligible for salary incentive monies, had the issue not become moot on October 1, 1984.
The statutes and rules referred to in paragraphs 6 through 11 above, read together, reflect that a law enforcement officer's eligibility for salary incentive monies begins when the Commission makes its final determination on eligibility and issues a certificate. Since the Commission had not done so before October 1, 1984, Renzi is not entitled to salary incentive payments before that date.
Since Renzi's current eligibility is moot and since she would not be entitled to retroactive salary incentive payments regardless whether her bachelor's degree satisfies Section 943.22(1)(i), Florida Statutes (1983), it is not necessary to reach a conclusion of law whether her degree signifies graduation "with a major study concentration relating to the criminal justice system," as required by that statute.
Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Criminal Justice Standards And Training Commission enter a final order:
Dismissing, as moot, the petition of Margherita Renzi insofar as it seeks a determination of prospective eligibility for salary incentive monies under Section 943.22, Florida Statutes (Supp. 1984); and
Dismissing, as having no merit, the petition of Margherita Renzi insofar as it seeks a determination of retroactive entitlement to salary incentive payments before October 1, 1984, under Section 943.22, Florida Statutes (1983).
RECOMMENDED this 2nd day of April, 1985, in Tallahassee, Florida.
J. LAWRENCE JOHNSTON 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 2nd day of April, 1985.
ENDNOTES
1/ On March 18, 1985, petitioner served a Motion For Extension of Time asking to be permitted to file a proposed recommended order as late as March 23, 1985. The motion, which was not opposed, is granted. But petitioner did not file a proposed recommended order. Respondent filed a proposed recommended order including proposed findings of fact. Respondent's proposed findings of fact accurately reflect the parties' stipulation at final hearing. See paragraph 1 of the Conclusions of Law below. Accordingly, respondent's proposed findings of fact are approved and adopted almost verbatim, as reflected in these Findings Of Fact. Where proposed findings of fact are not reflected and no direct ruling rejecting them is apparent, the proposed findings of fact have been rejected as being subordinate, cumulative, immaterial or unnecessary.
2/ If the agency's conclusions of law are incorrect, they can be reversed on appeal. But that would be the case whether or not the Hearing Officer entered a recommended order.
COPIES FURNISHED:
Mark A. Cullen, Esquire Cullen & Szymoniak, P.A. 1030 Lake Avenue
Lake Worth, FL 33460
Randall A. Holland, Esquire Assistant Attorney General Department of Legal Affairs The Capitol, Suite 1601 Tallahassee, FL 32301
Daryl G. McLaughlin, Director Criminal Justice Standards
and Training Commission
P.O. Box 1489 Tallahassee, FL 32302
Robert R. Dempsey, Exec. Director Florida Department of Law Enforcement P.O. Box 1489 Tallahassee, FL 32302
| Issue Date | Proceedings |
|---|---|
| Apr. 02, 1985 | Recommended Order sent out. CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Apr. 02, 1985 | Recommended Order | Petitioner with bachelor degree from accredited college entitled to law enforcement incentive money prospectively, but not retroactively. |
