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CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs CLEMON THOMAS, III, 11-000881PL (2011)

Court: Division of Administrative Hearings, Florida Number: 11-000881PL Visitors: 5
Petitioner: CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: CLEMON THOMAS, III
Judges: JOHN D. C. NEWTON, II
Agency: Department of Law Enforcement
Locations: Port St. Lucie, Florida
Filed: Feb. 18, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 7, 2011.

Latest Update: Nov. 09, 2024
11000881AC-021811-12310331



STATE OF FLORIDA

l I-OJJIPL

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION


CRIMINAL JUSTICE STANDARDS

AND TRAINING COMMISSION, 18 A lf: I 0

Petitioner,


vs. CASE NO. 30230


Clemon Thomas, III,


Respondent.

                                                             !


ADMINISTRATIVE COMPLAINT


The Criminal Justice Standards and Training Commission, hereinafter referred to as the Commission, files this Administrative Complaint against the Respondent, Clemon Thomas, III. The Commission seeks to impose disciplinary action upon the referenced individual based on the following allegations:

I. Respondent was certified by the Criminal Justice Standards and Training Commission on May 27, 1998, and was issued Correctional Certificate Number I 80245 and on November 26, 2003, was issued Instructor Certificate Number 236281.

  1. (a) On or about December 29, 2009, the Respondent, Clemon Thomas, III, did unlawfully, while upon the grounds of Martin Correctional lnstitution, a state correctional institution, actually or constructively possess ten cellular telephones, an article or thing declared to be contraband.

    (b) On or about December 29, 2009, the Respondent, Clemon Thomas III, did unlawfully make a false statement, which he or she did not believe to be true, under oath administered by Christopher Welsh in an official proceeding, to wit: Department of Corrections Office of the Inspector General Investigation, in regard to a material matter.

  2. The actions of the Respondent did violate the provisions of Section 944.47(1)(c), 837.02(1) or any lesser included offenses, Section 943.1395(7), Florida Statutes, and Rules 118-27.0011(4)(a); (a) and l 1B-20.00 I 2(2)(f), 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 and


    Instructor officer in the Statt.- . Florida have good moral character and" ;h gives rise to a disciplinary action against Respondent's certification.

  3. This Administrative Complaint is issued pursuant to Sections 120.60, 943.12(3), and 943.1395(7), Florida Statutes. Any proceedings concerning this Complaint shall be conducted pursuant to Sections 120.569 and 120.57, Florida Statutes, and Chapters l IB-20, 1 lB-27, 28-106, and 28-107, Florida Administrative Code. Mediation is not available under Section 120.573, Florida Statutes.

WHEREFORE, it is alleged that the Respondent, Clemon Thomas, III is guilty of violating Sections 943.1395(7), and 943.13(7), Florida Statutes, and Rules 11B-27.0011(4)(a); (a) and l IB- 20.0012(2)(f), Florida Administrative Code.

NOW, THEREFORE, the Florida Criminal Justice Standards and Training Commission hereby complains against Clemon Thomas, III and alleges that an appropriate penalty, as provided in Section 943.1395(7), Florida Statutes, should be imposed for the reasons set forth above and in accordance with the Election of Rights form (to which is attached an Explanation of Rights form) attached hereto and incorporated herein.

BY ORDER OF THE CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION


THIS 19thDAYOFMay,2010.


CERTIFICATE OF SERVICE



I HEREBY CERTIFY that a true copy of the foregoing has been served pursuant to Section


120.569 and Section 120.60, Florida Statutes, this 25th day of May, 2010, to Clemon Thomas, III, at 1950 SW Gold Lane, Port St. Lucie, Florida 34953.


/sb


cc: Florida Department of Corrections, Region 4


Docket for Case No: 11-000881PL
Issue Date Proceedings
Jun. 10, 2011 Transmittal letter from Claudia Llado forwarding Petitioner's Notice of Filing (Composite Exhibit 1a-e photographs) to the agency.
Jun. 07, 2011 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Jun. 07, 2011 Notice of Settlement and Motion to Relinquish Jurisdiction filed.
Jun. 02, 2011 Proposed Pre-hearing Stipulation filed.
Apr. 26, 2011 CASE STATUS: Hearing Partially Held; continued to June 7, 2011; 9:00 a.m.; Port St. Lucie, FL.
Apr. 26, 2011 Order of Pre-hearing Instructions.
Apr. 26, 2011 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for June 7, 2011; 9:00 a.m.; Port St. Lucie and Tallahassee, FL).
Apr. 26, 2011 (Proposed) Order on Stipulated Motion for Continuance filed.
Apr. 26, 2011 Stipulated Motion for Continuance filed.
Apr. 26, 2011 Notice of Appearance (filed by James Regan).
Apr. 26, 2011 Notice of Transfer.
Apr. 22, 2011 Notice of Ex-parte Communication.
Apr. 22, 2011 Notice of Ex-parte Communication.
Apr. 21, 2011 Notice of Ex-parte Communication.
Apr. 15, 2011 Order on Motion to Strike.
Apr. 07, 2011 Petitioner's Witness List filed.
Apr. 07, 2011 Motion to Strike filed.
Mar. 31, 2011 Letter to Judge Van Laningham from C. Thomas regarding help filed.
Mar. 21, 2011 Letter to Judge Van Laningham from C. Thomas regarding incident filed.
Mar. 21, 2011 Letter to Judge Van Laningham from C. Thomas regarding perpelxing situation filed.
Mar. 15, 2011 Notice of Filing (Composite Exhibit 1a-e photographs) (not available for viewing).
Mar. 07, 2011 Order of Pre-hearing Instructions.
Mar. 07, 2011 Notice of Hearing by Video Teleconference (hearing set for April 26, 2011; 9:00 a.m.; Port St. Lucie and Tallahassee, FL).
Feb. 23, 2011 Joint Response to Initial Order filed.
Feb. 18, 2011 Initial Order.
Feb. 18, 2011 Administrative Complaint filed.
Feb. 18, 2011 Election of Rights filed.
Feb. 18, 2011 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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