STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF LAW ENFORCEMENT, ) CRIMINAL JUSTICE STANDARDS )

AND TRAINING COMMISSION, )

)

Petitioner, )

)

vs. ) Case No. 97-1977

)

SANDRA GRIFFIN, )

)

Respondent. )

)

RECOMMENDED ORDER

Notice was provided and on October 9, 1997, a formal hearing was held in this case. Authority for conducting the hearing is set forth in Sections 120.569 and 120.57, Florida Statutes (Supp. 1996). The hearing location was the Union County Courthouse, Lake Butler, Florida. The hearing was conducted by Charles C. Adams, Administrative Law Judge.

APPEARANCES

For Petitioner: Karen D. Simmons, Esquire

Department of Law Enforcement Post Office Box 1449 Tallahassee, Florida 32302

For Respondent: Sandra Griffin, pro se

2852 Wayne Drive

Lake City, Florida 32055

STATEMENT OF THE ISSUE

Should Petitioner discipline Respondent for her acts as a correctional officer in association with an inmate?

PRELIMINARY STATEMENT

By an Administrative Complaint in Case No. 22363 before the State of Florida, Criminal Justice Standards and Training Commission, Petitioner sought to discipline Respondent's correctional certificate number 94299. Respondent disputed the allegations of fact set forth in the administrative complaint.

Therefore, Petitioner requested the assignment of an administrative law judge to resolve those factual disputes through a formal hearing. The hearing was conducted on the aforementioned date.

At hearing Petitioner presented the testimony of Dean Richardson, Captain Henry McBride, Inspector Jesse Whitfield, Sergeant Dan Cosson, and Sergeant Christine Clark. Petitioner's Exhibits 1 through 8 were admitted. Respondent testified in her own behalf. Respondent did not present exhibits or other witnesses.

A transcript of the proceedings was prepared and filed with the Division of Administrative Hearings on October 27, 1997.

Following the filing, Petitioner has filed a proposed recommended order which has been considered in preparing the recommended order. Respondent did not take advantage of the opportunity to submit a proposed recommended order.

FINDINGS OF FACT

1. In response to requests for admissions, Respondent admitted the following:

   1. The Respondent was certified by the Criminal Justice Standards and Training Commission on July 6, 1992, and was issued correctional number 94229.

      
      

   2. Between June 1 and July 31, 1994, the Respondent was employed as a Correctional Officer with the North Florida Reception Center.

      
      

   3. On October 16, 1995, during an interview with Inspector H. McBride, the Respondent denied knowing Inmate Dean Richardson.

      
      

      (D) On October 16, 1995, during an interview with Inspector H. McBride, the Respondent denied knowing Toyia Kelly.

      
      

      E) On March 6, 1996, Respondent resigned her position at North Florida Reception Center.

      
      

2. Between June 1, 1994 and July 31, 1994, Inmate Dean Richardson was committed to the North Florida Reception Center as a permanent inmate. In that period Respondent came in contact with Mr. Richardson in her capacity as a correctional officer and his capacity as an inmate at North Florida Reception Center. Their contacts occurred while Respondent was on duty as a correctional officer.

3. In a conversation that took place between Respondent and Mr. Richardson in a recreation room within the prison, Respondent told Mr. Richardson that she was "having a problem moving."

   Mr. Richardson responded by offering to give Respondent money.

   At first Respondent declined the offer. A week to two weeks later after Mr. Richardson "pushed the issue," Respondent agreed to accept the money. Mr. Richardson had approached Respondent about a dozen times before Respondent was willing to accept the money.

4. Under the terms of their arrangement, Respondent gave Mr. Richardson a post office box address to send the money and a name at that address. The name was Toyia Kelly.

5. In furtherance of the agreement between Mr. Richardson and the Respondent, Mr. Richardson caused a $200 draft from his inmate bank fund to be sent to Toyia Kelly on June 8, 1994, at the address Respondent had provided .

6. After Mr. Richardson sent the $200, he asked Respondent if Respondent had received the money. She answered "no." This conversation took place within the institution where

   Mr. Richardson was housed. When Respondent told Mr. Richardson she did not receive the $200, Mr. Richardson told Respondent that he would send more money.

7. Mr. Richardson did send more money, but this time he sent the money to a different post office box than before. Respondent had provided Mr. Richardson the new post office box address. On June 24, 1994, Mr. Richardson withdrew $150 by draft from his inmate bank fund and paid it to the order of Toyia Kelly at the new post office box address. Mr. Richardson did not

   confirm with Respondent whether Respondent had received this $150 that had been paid directly to Toyia Kelly.

8. Of his own volition Mr. Richardson determined to send an additional $150 by a draft from his inmate bank fund. Again this was paid to the order of Toyia Kelly at the second post office box address that had been provided by Respondent. This draft was made on July 11, 1994. On this occasion Mr. Richardson asked Respondent if she had received the second $150 draft. In response Respondent nodded her head in the affirmative.

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction over this subject matter and the parties to this case in accordance with Sections 120.569 and 120.57(1), Florida Statutes (Supp. 1996).

10. Through the administrative complaint Petitioner has alleged:

    2.(a) On or between June 1, 1994 and July 31, 1994, the Respondent, Sandra D.

    Griffin, did then corruptly use or attempt to use her official position as a correctional officer, or any property or resource within her trust, or did perform her official duties, in such a manner as to secure a special privilege, benefit, or exemption for herself or others, to wit: received from inmate Dean Richardson a sum of five hundred dollars.

    
    

    (b) On or about October 16, 1995, Sandra D. Griffin, did then make a false statement concerning material matters to Investigator

    H. McBride, with the intent to mislead Investigator H. McBride regarding inmate Dean Richardson and/or Toyia Kelly, and/or

    receipt of five hundred dollars mailed to Toyia Kelly from inmate Dean Richardson,

    in [sic] which Toyia Kelly delivered to her.

    
    

11. These alleged actions by the Respondent formed the basis for the Petitioner to accuse the Respondent of violating provisions of Sections 943.1395(6) and/or (7), Florida Statutes and/or Rule 11B-27.011(4)(c), Florida Administrative Code, in that Respondent has failed to maintain the qualifications established in Section 943.13(7), Florida Statutes, which require that a correctional officer in the State of Florida have good moral character.

12. To prove its allegations Petitioner must establish by clear and convincing evidence that Respondent committed the acts complained of through the administrative complaint. Ferris v. Turlington, 510 So. 2d 292 (Fla. 1987).

13. To be certified to act as a correctional officer Respondent must have evidenced good moral character. See Section 943.13(7), Florida Statutes. To maintain that certification Respondent must continue to evidence good moral character. The failure to maintain good moral character subjects the Respondent to discipline in accordance with Section 943.1395(7), Florida Statutes.

14. Rule 11B-27.0011(4)(c), Florida Administrative Code, defines good moral character as:

    The perpetration by the officer of an act or conduct which:

    
    

    * * *

    2) significantly and adversely affects the functioning of the criminal justice system or an agency thereof; or

    
    

    * * *

    
    

    4) causes substantial doubts concerning the officer's moral fitness for continued service . . . .

    
    

15. It is clear and convincing that Respondent has failed to maintain good moral character in arranging for and accepting payment from an inmate while serving as a correctional officer. Respondent has significantly and adversely affected the functioning of the criminal justice system, in particular the corrections facility in which she served. She has also caused substantial doubts concerning her moral fitness for continued service.

16. Respondent's lack of good moral character was evidenced by securing a special benefit for herself through receipt of money from Inmate Richardson. Moreover, Respondent in her statement to Investigator McBride further evidenced a lack of good moral character when she denied knowing Inmate Richardson and Toyia Kelley, intentionally misleading the investigator.

17. Rule 11B-27.005, Florida Administrative Code, sets forth the range of penalties for the violations that have been proven.

RECOMMENDATION

Upon consideration the facts found and conclusions of law reached, it is

RECOMMENDED:

That a final order be entered which revokes Respondent's correctional certificate number 94299.

DONE AND ENTERED this 18th day of November, 1997, in Tallahassee, Leon County, Florida.

CHARLES C. ADAMS

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 18th day of November, 1997.

COPIES FURNISHED:

Karen D. Simmons, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302

Sandra Griffin 2852 Wayne Drive

Lake City, Florida 32055

A. Leon Lowry, II, Director Division of Criminal Justice

Standards and Training Post Office Box 1489 Tallahassee, Florida 32302

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

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 97-001977

Orders for Case No: 97-001977