vs. ) CASE NO. 89-6707
WILLIAM H. WOOD, )
Respondent. )
Pursuant to notice, a formal hearing was held in this case on May 30, 1990, in Panama City, Florida, before the Division of Administrative Hearings, by its designated Hearing Officer, Diane K. Kiesling.
For Petitioner: Joseph S. White
For Respondent: William H. Wood, Pro Se
The issue is whether the Respondent's certification should be revoked or otherwise penalized based on the acts alleged in the Administrative Complaint.
The Petitioner, the Criminal Justice Standards and Training Commission (the Commission), presented the testimony of Larry Dodson and had three exhibits admitted in evidence. The Respondent, William H. Wood, presented his own testimony and offered no exhibits.
The transcript of the proceedings was filed on July 2, 1990. The parties were to file their proposed recommended orders within 10 days of the filing of the transcript. The Commission filed its proposed recommended order on July 13, 1990. Since it was untimely filed, it will not be considered and no rulings will be made on the proposed findings of fact. Mr. Wood failed to file a proposed recommended order.
William H. Wood was certified by the Criminal Justice Standards and Training Commission on November 16, 1973, and issued certificate number 02-9291.
On September 22, 1986, Wood answered an advertisement in a publication known as Linn's Stamp News. The publication caters to the interests of stamp collectors.
The advertisement read as follows:
MINT POSTAGE wanted. Ungummed, uncancelled postage under 10 and postage dues - 50%, ungummed, uncancelled postage over 9 , special deliveries, postal stationary and officials - 65%.
The advertisement was placed by a Maryland stamp dealer who was assisting United States Postal Service inspectors. The advertisement was placed in an effort to identify persons engaged in the unlawful activity of reuse of previously used postage stamps for mailing.
Wood answered the advertisement on September 22, 1986, by letter. He stated in the letter:
Sir, you advertised in Linn's Stamp News that you are buying ungummed mint postage. The ad had no shipping instructions. I have the following. A quantity and various denomination of stamps that's listed, with dollar value at the stated percentage in the ad. Please advise shipping instructions.
The cooperating stamp dealer forwarded a reply to Wood on September 29, 1986, which indicated a willingness to begin buying stamps from Wood if they were "ungummed, uncancelled."
"Ungummed" refers to the condition of a postal stamp which lacks the adhesive backing usually present on unused postage stamps. "Uncancelled" postage refers to stamps which have not been previously utilized to post a letter or a parcel. "Mint" postage refers to stamps which are gummed, uncancelled, and in pristine condition.
On October 6, 1986, Wood forwarded about 1800 postage stamps of various denominations with an aggregate face value of about $258.00 to the cooperating Maryland stamp dealer. Soon thereafter, Wood was sent a check for $164.89 in payment for the stamps.
Many of the stamps supplied by Wood bore evidence of being previously used to post a letter or a parcel.
The cooperating stamp dealer sent a letter to Wood on October 15, 1986, which thanked him for his shipment of stamps and indicated a need for stamps of $100.00 face value per month. The letter also stated that the stamp dealer knew a friend named Jenkins who was in the mail order business and had similar needs for stamps.
On January 6, 1987, the cooperating stamp dealer, "Chuck," received another shipment of postage stamps from Wood.
"Chuck" forwarded a check payable in the amount of $32.92 to Wood in payment for the receipt of stamps with a face value of $51.00.
"Chuck" enclosed a letter to Wood with the check which stated in part:
You will notice that it is a J.J. Enterprise check. Jeff has been needing so much of this postage for his business mailings he has been buying most all of my shipment that I get in. Therefore, if you would be kind enough to just send any future shipments directly to his address,
I would appreciate it. I will still make my share. Thank you. For your records his address again is Jeff Jenkins, J.J. Enterprises, Box 22015, Baltimore, Maryland 21203. . . .
"Jeff Jenkins" is an assumed name of Postal Inspector John T. Evans, acting in an undercover investigative capacity. "J.J. Enterprises" likewise is a fictitious, non-existent business created for purposes of the investigation of Wood by the Postal Service.
Subsequent to January 6, 1987, seven more shipments of stamps were received from Wood by postal inspectors. The last arrived on June 16, 1988. In each case, Wood received a check in payment for the stamps.
The types of stamps forwarded by Wood in all the shipments would have been of little value for stamp collection purposes. Accordingly, the market value for such a purpose would have been far below the amounts paid to Wood for the stamps. The sum of the face value of the stamps was $753.10.
The price paid to Wood was consistent with the value of used stamps which were to be unlawfully reused for postage to lower mailing expenses.
In one of the correspondences forwarded by Postal Inspector John Evans, posing as "Jeff Jenkins," Wood was told of a friend, Don Wilson, who lived in Alabama. The Respondent was told that Don Wilson was interested in buying "these type stamps."
"Don Wilson" is an assumed name of Postal Inspector Larry Dodson, acting in an undercover investigative capacity.
On June 23, 1988, Inspector Dodson telephone Wood, posing as Don Wilson.
Inspector Dodson told Wood that he was interested in buying stamps in order to reduce mailing expenses.
Wood stated that he would be willing to sell stamps to Don Wilson.
On June 29, 1988, Inspector Dodson and four other postal inspectors served a search warrant at Wood's home.
The search yielded thirteen shallow plastic trays and a plastic tub of the type used to soak stamps off paper envelopes.
Inspector Dodson also found a quantity of stamps which had been removed from the corners of envelopes by soaking.
Inspector Dodson found approximately 5100 mailing envelopes utilized by the West Florida Gas Company to receive utility payments. He also located about 1800 mailing envelopes utilized by Gulf Coast Electrical Cooperative to receive utility payments. The utilities' envelopes bore some cancelled and some uncancelled postage stamps.
Inspector Dodson also found about 173,000 used postage stamps of various denominations, most packaged in glassine envelopes, one hundred stamps per envelope. The quantities and types of stamps which Wood had stored were of little collector value.
On April 11, 1989, pursuant to federal charges filed against him by the United States Attorney in the Northern District of Florida, Wood pleaded guilty to the charge of dealing in cancelled postage stamps in violation of 18
U.S.C. Section 1720.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of the parties to and subject matter of these proceedings. Section 120.57(1), Florida Statutes.
Section 943.13(4), Florida Statutes, establishes the minimum qualifications for law enforcement officers in Florida, including at subsection (7):
Have a good moral character as determined by a background investigation under procedures established by the Commission.
Section 943.1395(5) requires:
The Commission shall revoke the certification of any officer who is not in compliance with the provisions of Section 943.13(1)-(10). . . .
Section 943.1395(6)(1988) establishes certain penalties for application in appropriate cases.
In Zemour, Inc. v. State Division of Beverage, 347 So.2d 1102 (Fla. 1st DCA 1977), an applicant for a beverage license was denied after an administrative finding that the owner was not of good moral character. Although the facts leading to this conclusion are entirely dissimilar to the instant case, the court's definition of moral character, found at page 1105, is significant.
Moral character as used in this statute, means not only the ability to distinguish between right and wrong, but the character to observe the difference; the observance of the rules of right conduct, and conduct which indicates and establishes the qualities generally acceptable
to the populace for positions of trust and confidence.
Further, in Florida Board of Bar Examiners Re: G.W.L., 364 So.2d 454 (Fla. 1978), the Florida Supreme Court stated that a finding of a lack of "good moral character," in a case involving admission to the bar,
requires an inclusion of acts and conduct which would cause a reasonable man to have substantial doubts about an individual's honesty, fairness, and respect for the rights
of others and for the laws of the state and nation.
See also White v. Beary, 237 So.2d 263 (Fla. 1st DCA 1970).
Rule 11B-27.0011(4)(c), Florida Administrative Code, provides in relevant portion:
(4) For the purpose of the Commission's implementation of any of the penalties enumerated in Section 943.1395(5) or (6), a certified officer's failure to maintain
a good moral character, as required by Section 943.13(7), is defined as:
(c) The perpetration by the officer of an
act or conduct which causes substantial doubts about the officer's honesty, fairness, respect for the rights of others, or for the laws of the state or nation, regardless of whether such conduct constitutes a crime.
While this cited rule, adopted in 1988, took effect subsequent to the misconduct alleged in the Administrative Complaint, the Commission's definition of "moral character" simply codifies the definition previously established by statutes and case authority.
Clear and convincing evidence demonstrates that Wood sold thousands of used postage stamps with an aggregate face value of $753.10 to persons he believed would reutilize the stamps to pay the postage on letters or parcels. Wood committed this misconduct for pecuniary gain in the amount of $417.84. In so doing, Wood violated 18 U.S.C. Section 1720.
The position of law enforcement officer is one of significant public trust and confidence. Fundamental and essential traits of law enforcement officers are honesty, good moral character, and law abiding conduct. Wood's misconduct herein evidences his willingness to assist others in the dishonest and unlawful use of used postage stamps. His character as an officer is therefore in doubt.
RECOMMENDED that the Criminal Justice Standards and Training Commission enter a Final Order and therein revoke the certification of William H. Wood.
DIANE K. KIESLING
30th day of July, 1990.
Joseph S. White
William H. Wood
James T. Moore, Commissioner Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
Rodney Gaddy, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
