The Issue Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for allowing an unlicensed person to practice cosmetology in his salon.
Findings Of Fact An Administrative Complaint was filed on May 31, 1977 against Joel Garber charging: "That you, said JOEL GARBER on February 4, 1976 did allow an unlicensed person to practice Cosmetology in your salon at House of Glamour, Jacksonville, Florida." At the hearing the Respondent pled "no contest" but made the following statement: "There was a young man that worked in the area for some time, I think. It's been over a year and a half ago, so the exact times may not be familiar to me. But he worked there for about seven months un- licensed. He came to me and said, 'I would like to work for you.' I said, 'You get a license first.' He told me he made application for license and came to work for me, and in fact he did work and I could be mistaken, it may be on the violation notice, how long he did work, but he did in fact work for me two or three days without a license, and then at which time he went and took his exam, came back, waited until he received license, and continued to work for me. He is at this time licensed. All I can ask is I guess the Court's mercy that I did in fact violate the law, but it has since been remedied and corrected." The Respondent allowed an unlicensed person to practice in his salon for a short time.
Recommendation Send a letter of reprimand to Respondent for violating Section 477.02(7), Florida Statutes. DONE and ORDERED this 27th day of September, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire LaFace & Baggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302 Joel Garber 5660 University Boulevard, West Jacksonville, Florida 32216
The Issue Whether Respondent, a certified law enforcement officer, committed the offenses alleged in the administrative complaint and the penalties, if any, that should be imposed.
Findings Of Fact Respondent was certified by Petitioner on November 3, 1978, and was issued Law Enforcement Certificate Number24368. On or about July 28, 1992, Respondent became the subject of a criminal investigation by the City of Miami Beach Police Department. The criminal investigation involved an allegation of sexual assault at the Respondent's residence. The complaining witness alleged that Respondent sexually assaulted her and that during the course of the sexual assault Respondent used an artificial penis, which was an ice mold in the shape of a penis. The Respondent was read his constitutional rights by the City of Miami Beach Police officers who were conducting the investigation. At approximately 4:40 a.m. on July 29, 1992, the investigating officers began their interview of Respondent. During this interview, Respondent was questioned about the existence of the artificial penis. Respondent indicated that he had not seen an artificial penis in his house. The interview of the Respondent was concluded at approximately 5:15 a.m. on July 29, 1992. At approximately 5:30 a.m. on July 29, 1992, Respondent telephoned his son, Patrick Alzugaray, who was asleep at the residence they shared. Following this telephone call from his father, Patrick immediately got dressed, went to the kitchen of the residence, removed from the freezer section of the refrigerator the artificial penis, went outside the residence, and threw the artificial penis down a chute into a dumpster. This was the only object thrown away by Patrick. He then returned to the residence he shared with his father and went back to sleep. Shortly thereafter, police officers from the City of Miami Beach Police Department arrived at the residence. Patrick was taken to the police station and interviewed. During this interview, he said that his father had told him "you have to find that damn thing (the artificial penis) in the freezer and throw it away because its embarrassing if they come and find that in there." After being questioned, Patrick showed them where he had disposed of the artificial penis. The artificial penis was retrieved at 6:50 a.m. on July 29, 1992. Patrick initially said that he had disposed of the artificial penis at approximately 6:00 p.m. on July 28, 1992. When he was confronted with the fact that there was still ice inside the artificial penis, he admitted that he had just disposed of it. Patrick was returned to the police department where he was interviewed on tape. During this interview, Patrick said that he threw the artificial penis away because his father had told him to do so. The artificial penis matched the description given by the complaining witness and was a material piece of evidence in the investigation. At the formal hearing, Patrick recanted his story and claimed that he was intimidated by the investigating police officers into saying that his father had told him to dispose of the artificial penis. At the formal hearing, Patrick testified that his father only told him that he was being investigated and asked if he knew anything about an artificial penis. Patrick testified that he threw the artificial penis away without being asked to do so by his father. The evidence is clear and convincing that Respondent was interviewed as a suspect in a sexual assault case, that because of that interview he knew that the artificial penis was a material piece of evidence, and that he telephoned Patrick shortly after the interview. The evidence is also clear and convincing that because of that telephone conversation with his father, Patrick attempted to dispose of this material piece of evidence. Patrick's statements to the police officers at the time of this incident are more consistent with the other facts in this proceeding and are more credible than his testimony at the formal hearing. Consequently, it is found that Patrick attempted to dispose of the artificial penis because his father told him to do so.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order that adopts the findings of facts and conclusions of law contained herein and revokes Respondent's certification as a law enforcement officer. DONE AND ENTERED this 6th day of May 1996 in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of May 1996. COPIES FURNISHED: Karen D. Simmons, Esquire Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Mr. Peter Alzugaray 3075 Northwest 28th Street Miami, Florida 33142 A. Leon Lowry, II, Director Division of Criminal Justice Standards and Training Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
Findings Of Fact The Respondent was certified by the Commission on January 22, 1981, and was issued certificate number 02-026742. At all times material to the allegations of this case, Respondent has been employed as a law enforcement officer with the City of Pompano Beach Police Department. Cocaine is a schedule II controlled substance pursuant to Section 893.03, Florida Statutes. Pursuant to Section 893.13, Florida Statutes, possession of cocaine is a felony. In accordance with a collective bargaining agreement, the Police Benevolent Association, as the bargaining unit for its members, agreed to random drug and alcohol testing for all police officers employed by the City of Pompano Beach Police Department. Pursuant to that agreement, Respondent was requested to, and agreed to submit a urine sample for testing on September 24, 1992. In order to coordinate the testing, the City of Pompano Beach had contracted with a private company, Worker's Compensation Medical Center (WCMC), which was to conduct the collection of urine samples for testing purposes. On the testing dates selected, WCMC employees set up collection facilities at the police station. Ms. Bobkier, a WCMC employee with four and a half years experience, was responsible for collecting the urine sample from Respondent. According to Ms. Bobkier, employees from WCMC set up tables at the police station during the hours of 6:00 a.m. until 6:00 p.m. on September 24, 1992. On that date, Respondent presented for testing, completed the paperwork to accompany the sample, went into the bathroom designated for use, and returned a sample to the collection table. This sample was identified as DO482663-5. As she did with all samples collected that date, Ms. Bobkier then placed the sample into a holding cooler until it was transferred back to the WCMC office. Before transferring the samples back to the office, they were cataloged and inventoried. Once back at WCMC, a courier from the testing center, National Health Laboratories (NHL) picked up the samples at approximately 7:15 p.m. on the evening of September 24, 1992. The courier presumably took the samples to NHL where they were given assension numbers by a NHL employee. Neither the courier nor the "assension" employee testified at the hearing. The assension number assigned to sample DO482663-5 was 3303217-5. According to Dr. Donald R. Stalons, the director of NHL, testing on assension sample no. 3303217-5 was performed on September 24, 1992 at approximately 2:45 p.m. NHL is a clinical laboratory fully licensed by the State of Florida and the federal government and is authorized to perform forensic toxicological testing. According to the test results for assension sample no. 3303217-5, such sample was positive for cocaine metabolite. The "assension number" referred to above was the control number assigned to the sample for testing purposes. The sample retained that number throughout the testing process.
Recommendation Based on the foregoing, it is, hereby, RECOMMENDED: That Criminal Justice Standards and Training Commission enter a final order dismissing the administrative complaint. DONE AND RECOMMENDED this 29th day of April, 1994, in Tallahassee, Leon County, Florida. Joyous D. Parrish Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of April, 1994. APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-3695 Rulings on the proposed findings of fact submitted by the Petitioner: Paragraphs 1 through 12, and 21 are accepted. Paragraphs 13 through 20 are rejected to the extent that they conclude the sample was Respondent's. The Petitioner failed to prove the sample was Respondent's as his sample was not transported to the testing center until approximately 7:15 p.m. on September 24, 1992. The sample tested by NHL purported to be Respondent's sample was tested at 2:45 p.m. that same day. This would be physically impossible. To the extent that the paragraphs correctly outline the testing procedures and results at NHL, they could be accepted but are irrelevant as the sample could not have been Respondent's. Paragraph 22 is rejected as it is not supported by the weight of credible evidence. Paragraphs 23 through 32 are rejected as irrelevant and outside the scope of the administrative complaint. Rulings on the proposed findings of fact submitted by the Respondent: 1. None submitted in a form which can be addressed by either accepting or rejecting a statement of fact. Otherwise, Respondent's proposed findings of fact are rejected as argument. COPIES FURNISHED: Richard E. Lober Assistant General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 W. George Allen One River Plaza, Suite 701 305 S. Andrews Avenue P.O. Box 14738 Fort Lauderdale, Florida 33302 Leon Lowry, II, Director Division of Criminal Justice Standards and Training Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
The Issue Whether or not on or about the 6th day of May, 1976, on the Respondent's licensed premises located at 5916 Phillips Highway, Jacksonville, Florida, the Respondent, its agent, servant or employee, one Patricia Stevenson Jordan, did unlawfully engage in open and gross lewd and lascivious behavior with a male customer, one Mark Thomas Finch, by dancing in a topless manner while rubbing her buttocks on his leg and groin area and allowing him to kiss her breasts, in violation of Section 798.02, F.S. thereby violating Section 561.29, F.S.
Findings Of Fact At all times material to the allegations found in the amended Notice to Show Cause, the Respondent, G and B of Jacksonville, Inc., trading as Climax, located 5916 Phillips Highway, Jacksonville, Florida, was licensed under License No. 26-780, Series 4-COP held with the State of Florida, Division of Beverage. On May 6, 1976, one Patricia Stevenson Jordan, was serving as an employee in the capacity of a dancer for the Respondent in its subject licensed premises. During a period of ten to fifteen minutes while dancing topless for a patron, Mark Thomas Finch, she did allow Finch to kiss her breasts and rub her buttocks against his leg from side to side while he was seated in a chair. No attempts were made by the other employees in the bar to stop the action between Jordan and Finch, and neither Jordon nor Finch made any attempts to cease their activities.
Recommendation It is recommended that the license of the Respondent, G and B of Jacksonville, Inc., trading as Climax, license no. 26-780 be suspended for a period of 75 days to run concurrently with the sentence in Division of Administrative Hearings' Case no. 76-1983. DONE AND ORDERED this 18th day of April, 1977, in Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Charles Tunnicliff, Esquire Division of Beverage Department of Business Regulation The Johns Building 725 Bronough Street Tallahassee, Florida 32304 Harry Katz, Jr., Esquire 337 E. Forsyth Street Jacksonville, Florida 32202
The Issue Whether Respondent committed the acts alleged in the Notice of Specific Charges and, if so, the discipline, if any, that should be imposed against Respondent’s employment.
Findings Of Fact At all times material hereto, the School Board was the constitutional entity authorized to operate, control, and supervise the public schools in Miami-Dade County, Florida. The School Board has employed Respondent for approximately 15 years as a school security monitor. As such, at all times relevant to this proceeding, Respondent was a non- probationary “educational support employee” within the meaning of Section 1012.40, Florida Statutes, whose employment can be terminated for reasons stated in the applicable collective bargaining agreement, which is the contract between the Miami- Dade County Public Schools and the United Teachers of Dade (the CBA). Article XXI, Section 3.D of the CBA provides that educational support personnel can be terminated for “just cause.” The term “just cause” is defined by that provision of the CBA as follows: . . . Just cause includes, but is not limited to, misconduct in office, incompetency, gross insubordination, willful neglect of duty, and/or conviction of a crime involving moral turpitude. Such charges are defined, as applicable, in State Board Rule [Florida Administrative Code Rule] 6B-4.009. During the 2007-2008 school year, Respondent was a school security monitor assigned to the Lawrence Center. Prior to that assignment, Respondent had been assigned to Miami Beach Senior High School (Beach High School). While at Beach High School, there was a probable cause finding that Respondent had engaged in an inappropriate sexual relationship with a high school student who was over 18 years of age. As a result, Respondent’s employment was suspended without pay for a period of 30 days. Respondent accepted the 30-day suspension and agreed not to appeal. Ms. Durden began working as a Data Input Specialist at the Lawrence Center in May of 2008. Shortly after her arrival, Respondent asked Ms. Durden (then known as Ms. Williams), who was on her way to lunch, to bring him back lunch. The request, which Ms. Durden denied, caused her to feel uncomfortable. Thereafter, Respondent came to come to Ms. Durden’s work area on several occasions and asked her for the mints that she kept on her desk. Ms. Durden believed that Respondent was leering at her. Ms. Durden clearly disliked Respondent and felt uncomfortable in his presence. On June 3, 2008, Respondent was in the parking lot area when Ms. Durden walked by to retrieve an object from her car. Respondent was talking to someone in a parked vehicle. The identity of the person in the parked vehicle could not be established and there was no evidence as to the subject of the conversation between Respondent and the unidentified person in the vehicle. As Ms. Durden walked by, Respondent tried to get her attention by yelling out to her “Hey baby.” Ms. Durden did not respond. When she was on her way back into the school, Respondent told her, “Ms. Williams, I know you heard me speaking to you.” Ms. Durden (Williams) then told Respondent, “My name is not ‘hey baby.’ My name is Ms. Williams, and you address me as such.” There was no evidence that Respondent continued to address Ms. Durden inappropriately. On June 5, 2008, Ms. Durden walked into the after care office to speak to Ms. Staples, who was working as an After Care Specialist. Respondent was in the after care office with several other employees, both male and female. When Ms. Durden walked into the after care office, Respondent blurted out “my dick is hard.” Ms. Durden immediately left the room feeling disgusted by Respondent’s remark. Ms. Staples testified that Respondent made the statement “my dick is on hard.” Ms. Staples and the other employees who had been meeting in the after care office also immediately left the office after Respondent’s statement. Ms. Staples and her colleagues were shocked by Respondent’s statement.2 On June 6, 2008, Ms. Durden and Ms. Santos passed out paychecks or pay stubs to employees. Respondent appeared at the threshold of Ms. Durden’s office, which is part of the main office, and asked for his paycheck. Ms. Durden asked Respondent to leave while she sorted through the paychecks. Ms. Durden was uncertain whether Rich was Respondent’s first name or last name. There was a verbal exchange between Respondent and Ms. Durden as to that issue. Respondent remained outside of Ms. Durden’s office, but in a position where he could observe her. Ms. Durden testified, credibly, that Respondent was leering at her. Ms. Durden became so uncomfortable that she started shaking. Prior to June 6, 2008, Ms. Durden had told Ms. Santos that she did not like Respondent and felt uncomfortable around him. Ms. Santos attempted to keep Respondent away from Ms. Durden by offering to get anything he might need from the main office and bringing it to Respondent’s duty station. On one occasion, Ms. Santos observed Respondent staring at Ms. Durden’s rear end. On June 6, 2008, Ms. Santos observed that Ms. Durden was very uncomfortable being in Respondent’s presence. She intervened by finding Respondent’s paycheck and bringing it to him. Ms. Durden reported these incidents first to Ms. Johnson-Brinson (an assistant principal) and then to Mr. Osborne (the principal). Thereafter the School Board followed all relevant procedures leading up to its vote to discipline Respondent by terminating his employment. Ms. Johnson-Brinson is not aware of any complaints from any Lawrence Center employees other than Ms. Durden pertaining to inappropriate behavior by Respondent. Mr. Osborn testified as to the reasons he recommended the termination of Respondent’s employment. Part of those reasons related to behavior by Respondent during his tenure at the Lawrence Center that was not alleged in the Notice of Specific Charges. That non-alleged behavior is irrelevant and has not been considered by the undersigned in reaching the findings and conclusions set forth in this Recommended Order.3
Recommendation Based on the foregoing findings of fact and conclusions of Law, it is RECOMMENDED that the School Board enter a final order adopting the Findings of Fact and Conclusions of Law contained in this Recommended Order. It is further RECOMMENDED that the final order terminate Respondent's employment. DONE AND ENTERED this 19th day of October, 2009, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 19th day of October, 2009.
The Issue Whether Respondent's teacher's certificate should be revoked pursuant to Section 231.28, F.S. A petition for the revocation of Respondent's teaching certificate was filed by the Vice-Chairman of the Petitioner on October 14, 1975. On October 28, 1975, Henry L. Kaye, Esquire, Hollywood, Florida, attorney for Respondent, filed an answer and other motions in behalf of Respondent. On December 16, 1975, the cause was noticed for hearing at North Palm Beach, Florida on January 14, 1976. The parties stipulated for an indefinite continuance on January 26, 1976. The matter was reset for hearing on November 19, 1976 and notice thereof was amended on September 27, 1976 for hearing to be held on November 18, 1976. On October 1, 1976, the Professional Practices Council relinquished jurisdiction over the cause and requested that a hearing officer from the Division of Administrative Hearings take cognizance of the matter. Accordingly, notice of hearing was furnished to counsel for both parties by the undersigned hearing officer on November 2, 1976, for a hearing to be held January 10, 1977 at West Palm Beach, Florida. On December 31, 1976, counsel for Respondent filed a motion to withdraw as attorney of record on the grounds that Respondent had not contacted him, had not complied with fee arrangements as agreed, and that he had been unable to contact the Respondent as shown on attached copies of letters addressed to the Respondent at various addresses. However, the aforesaid motion was not received by the hearing officer until a copy was presented to him by counsel for Petitioner on the date of hearing, January 10, 1977, at which time the motion was granted and the Petitioner was permitted to try the case as an uncontested proceeding, as authorized under Rule 28-5.25(5), Florida Administrative Code. (Composite Exhibit 1).
Findings Of Fact Respondent was employed by the Palm Beach County School System as a mathematics instructor at the Boca Raton Middle School in August, 1974. He presently holds Florida Teacher's Certificate Number 296746, Graduate, Rank III. (Petition, Testimony of Brake). The City of Boca Raton Police Department used plainclothes officers for a number of months in 1974-1975 to investigate the activities of suspected homosexuals who congregated in a wooded area near the beach in Boca Raton. During a period of about eight months, approximately 150 arrests had been made in the aforesaid area for various sexual and other crimes. Respondent had been observed on several occasions at the location in question and had been warned by police officers to leave the area because of the high incidence of crime there. During such encounters, Respondent had been variously observed perched in a tree wearing a "bikini" bathing suit and hiding in bushes. On May 19, 1975, a plainclothes police officer noticed the Respondent walking up a path in the area. The officer followed him and when they met, Respondent started conversing with the officer. He then moved his leg against that of the officer and stated "we have to be careful, there are lots of cops around. If you were a cop, you would arrest me for this" or words to that effect. The Respondent then grabbed the officer in the genital area at which time the latter produced his identification and arrested the Respondent for assault and battery. He was taken to the police station, warned of his rights, and in a voluntary statement admitted that he was a homosexual. He further stated that he had never molested any of the children at the school where he was employed as a teacher. (Testimony of Collins, Palmisino). On May 27, 1975, Respondent pleaded nolo contendere to a charge of assault and battery in violation of F.S. 784.O3 in case number 75-4876 in the municipal court, City of Boca Raton, Florida. He was found guilty of the offense and sentenced to pay a fine of $150.00 and ten days in jail. The period of confinement was suspended. (Exhibit 2). Respondent resigned from his employment with the Palm Beach County School System, effective June 29, 1976. During his period of employment he had been a good teacher and there had been no prior reports of misconduct. He had previously been employed at Florida Atlantic University during the period 1972- 72 and Nova University from 1972 to 1974. (Testimony of Brake).
Recommendation That the teaching certificate of Respondent Bruce Joseph Feichtner be revoked permanently under the authority contained in Section 231.28, Florida Statutes. DONE and ENTERED this 26th day of January, 1977, in Tallahassee, Florida. Thomas C. Oldham Hearing Officer Division of Administrative Hearings COPIES FURNISHED: Thomas W. Benton, Esquire Room 3, 319 W. Madison Street Tallahassee, Florida 32304 Michael E. Jackson, Esquire 3323 Belvedere Road, Room 109 West Palm Beach, Florida Mr. Bruce J. Feichtner 482 S. W. 9th Street Boca Raton, Florida Room 530, Carlton Building Tallahassee, Florida 32304 ================================================================= AGENCY FINAL ORDER ================================================================= BEFORE THE STATE BOARD OF EDUCATION OF FLORIDA IN RE: BRUCE JOSEPH FEICHTNER DOAH CASE NO. 76-1788 /
The Issue Whether or not on or about the 7th day of June, 1976, on the Respondent's licensed premises located at 10 West Church Street, Jacksonville, Florida, the Respondent, its agent, servant or employee, to wit: Cynthia Brown, did unlawfully commit a lewd act with another by dancing in a topless state for Vice Detective Cornell B. Iverson and attempting to place the nipples of her breasts in his mouth and attempting to rub her vagina against his knee and hand, and also fondling Iverson's penis with her hands, in violation of s 798.02, F.S. thereby violating s 561.29, F.S. Whether or not on or about the 7th day of June, 1976, on the Respondent's licensed premises located at 10 West Church Street, Jacksonville, Florida, the Respondent, its agent, servant or employee, to wit: Gaynell Moore, did unlawfully commit a lewd act with another by dancing in a topless state and allowing a patron, one Bruce Anthony Timmons, to fondle her buttocks and vagina while she rubbed her bare breasts in his face, in violation of s 798.02, F.S. thereby violating s 561.29, F.S.
Findings Of Fact At all times material to the allegations found in the amended Notice to Show Cause the Respondent, G and B of Jacksonville, Inc., trading as The Harem, located at 10 West Church Street, Jacksonville, Florida, was licensed under License No. 26-957, Series 2-COP, held with the State of Florida, Division of Beverage. On June 7, 1976, Officer C. B. Iverson of the Jacksonville Sheriff's Office, entered the licensed premises. Officer Iverson entered the premises in the capacity of an undercover officer making a routine check. Shortly after his entry, another officer of the Jacksonville Sheriff's Office, one W. L. Geiger, came into the licensed premises. One of the dancers in the bar, working at that time, was Cynthia Brown. Brown approached Iverson and asked Iverson if he wanted her to dance. She danced for Iverson for the duration of three or four dance records. During the course of the dancing, she attempted to place the nipples of her breasts into the mouth of Iverson and attempted to rub her vagina on his hand, which hand was placed on his knee while he was seated. Other persons were in the licensed premises at that time, to include a female bartender and four other dancers. None of these individuals attempted to stop the conduct of Cynthia Brown. On the same date, June 7, 1976, Bruce Anthony Timmons was one of the patrons. Timmons was seated on a bar stool and was approached by Gaynell Moore, a dancer working in the licensed premises at that time. Gaynel Moore was dressed in a black brassiere and bikini type outfit. After being approached by Moore, Timmons placed his mouth on the breast of Gaynell Moore. Timmons also massaged the vagina of Gaynell Moore and fondled her buttocks. None of the aforementioned employees in the licensed premises attempted to stop Gaynell Moore's activity with Timmons. All the circumstances between Moore and Timmons occured during the course of her dancing for him.
Recommendation It is recommended that the license of the Respondent, G and B of Jacksonville, Inc., trading as the Harem, license no. 76-957 be suspended for a period of 10 days. DONE AND ORDERED this 18th day of April, 1977, in Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Charles Tunnicliff, Esquire Division of Beverage 725 Bronough Street Tallahassee, Florida 32304 Harry Katz, Jr., Esquire 337 E. Forsyth Street Jacksonville, Florida 32304
Findings Of Fact Petitioner was hired by the Palm Beach Gardens Holiday Inn in 1974. She began work as a cashier and later worked as a hostess in the restaurant. She was promoted to Food and Beverage Manager in 1978. On November 27, 1978, Respondent purchased the Holiday Inn and appointed Mr. John Astarita as its general manager. Astarita made several personnel changes in late 1978 and early 1979, and on March 9, 1979, discharged Respondent. Immediately prior to her discharge, Petitioner had given information to an investigator regarding a sex discrimination complaint of a female employee who had been discharged earlier by Respondent. Astarita questioned Petitioner about her conversation with the investigator the day before he discharged her. She refused to give him the information he sought. Petitioner's evidence of sex discrimination is limited to a rumor she had heard that Astarita did not want women in management positions. This hearsay evidence lacks credibility and is uncorroborated. Respondent's evidence established that Petitioner's job performance was not satisfactory. The ratio of liquor costs to sales had increased above an acceptable level, and she had failed to clean up the bar area after having been instructed to do so by Astarita.
Recommendation From the foregoing, it is RECOMMENDED that the Florida Commission on Human Relations enter a Final Order dismissing Petitioner's complaint. DONE AND ENTERED this 20th day of May, 1983, at Tallahassee, Florida. R. T. CARPENTER, 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 20th day of May, 1983. COPIES FURNISHED: Ms. Catherine Scott 12712 Ellison-Wilson Road Juno Isles, Florida 33408 R. E. Williams, Executive Director Florida Commission on Human Relations 2562 Executive Center Circle, East Suite 100, Montgomery Building Tallahassee, Florida 32301 Eugene W. Murphy, Jr., Esquire Murphy, MacLaren & Littell, P.A. 341 Royal Poinciana Plaza Post Office Box 2525 Palm Beach, Florida 33480
Findings Of Fact At all times material hereto, John L. Eifert (Respondent) was certified by the Criminal Justice Standards and Training Commission (Petitioner). Respondent was certified on July 17, 1981, being issued Certificate Number 74043. On or about June 14, 1984, Officer Goodwin of the Miami Beach Police Department (Miami Beach P.D.) was involved in an automobile accident. Officer Goodwin was off-duty at the time. The officers dispatched to the accident scene found, among other things, on the driver's side of Officer Goodwin's vehicle, evidence bags from the Miami Beach P.D. and a clear plastic bag. The evidence bags were clearly marked as Miami Beach P.D. evidence bags. The clear bag and one of the evidence bags contained a white substance that the officers suspected was cocaine. Officer Goodwin was arrested for driving under the influence of alcoholic beverages and/or narcotics. All the bags found in Officer Goodwin's vehicle at the accident scene were seized and placed into evidence. The white substance in the bags was subsequently tested. The tests revealed that the white substance was cocaine. The cocaine found in Officer Goodwin's vehicle was the same cocaine that he had seized in a narcotic's case. He had obtained the cocaine from the evidence room under false pretenses, indicating that he was going to testify in court and needed the cocaine for his testimony. There was no court hearing. Officer Goodwin obtained the cocaine for his own personal use; he intended to consume the cocaine himself. Officer Goodwin was Respondent's fellow officer with the Miami Beach P.D. and friend. They had gone through the police academy together in 1981, and they were motorcycle officers together. Prior to the accident, at approximately 9:30 a.m. on June 14, 1984, Officer Goodwin had visited Respondent at Respondent's off-duty job. Respondent was moonlighting as a security guard at a bank. Officer Goodwin had been ingesting cocaine prior to the visit, had not slept in approximately 24 hours, and was paranoid. Officer Goodwin wanted to use Respondent's residence to consume more cocaine. Because of his paranoid behavior and because he was a friend, Respondent agreed for Officer Goodwin to go to his residence and convinced Officer Goodwin to wait for him there. When Officer Goodwin arrived at Respondent's residence, he continued to ingest cocaine. Also, he placed some of the cocaine in individual plastic bags. Officer Goodwin hid the cocaine filled plastic bags in Respondent's residence. When Respondent came to his residence at approximately 4:45 p.m. that same day, he found Officer Goodwin more paranoid than before. Officer Goodwin refused to remain at Respondent's residence and left shortly before 5:00 p.m. Before leaving, Respondent agreed for Officer Goodwin to leave the cocaine filled plastic bags in his residence. Officer Goodwin informed Respondent where he had hid the bags. Respondent located the cocaine filled bags. Without getting any sleep, Respondent continued with his social activities planned for the remainder of the evening. At approximately 10:00 p.m., Respondent went to his second moonlighting job. On June 15, 1984, around 3:30 a.m., Officer Goodwin called Respondent at his second moonlighting job. Officer Goodwin informed Respondent that he had been arrested and requested that Respondent dispose of the cocaine and told him where to leave it. Unbeknownst to Respondent, Officer Goodwin was calling from police headquarters and was attempting to return the remaining cocaine to the Miami Beach P.D. Instead of following Officer Goodwin's instructions, Respondent went home around 3:50 a.m. and disposed of the cocaine by dumping it into the bay behind his residence. Respondent believed that he was helping Officer Goodwin, a friend. Subsequently, around 6:00 a.m., Respondent received another telephone call from Officer Goodwin. Respondent informed him what he had done with the cocaine. Officer Goodwin was upset about what Respondent had done. Goodwin admitted at hearing that, due to the quantity of cocaine that he had ingested, beginning June 13, 1984, and continuing into June 14, 1984, he had very little independent recollection of what happened that day. His information, as to what happened that day, is mostly from reading his statements that he had made regarding the incident, police reports, and transcripts of depositions. Further, Goodwin also admits that his recall prior to going to Respondent's residence is fair. Officer Goodwin entered into a plea agreement regarding the accident and the cocaine. The plea agreement provided, among other things, that he give testimony, regarding the incident, forever in whatever the forum may be and that he relinquish his certification from Petitioner. Presently, Goodwin is in charge of a drug treatment center for Metro- Dade County. He has been in this position for five years. In June 1984, Respondent resigned from the Miami Beach P.D. Consistent with the policy of the Miami Beach P.D. at that time, no investigation was instituted against Respondent by Internal Affairs of the Metro-Dade Police Department due to his resignation. Respondent does not deny that he permitted Goodwin to take the cocaine to his residence, that he permitted Goodwin to leave some of the cocaine at his residence, and that Goodwin left some of the cocaine at his residence. Furthermore, Respondent does not deny that the cocaine remained at his residence after Goodwin left and that he disposed of the cocaine by dumping it into the bay. At the time of his resignation, Respondent and the Miami Beach P.D. agreed that, whenever inquiries were made regarding Respondent, the Miami Beach P.D. would make neither negative nor positive comments about Respondent. The intent of this agreement was to allow Respondent to keep his record clean. However, the reverse occurred. He was effectively prevented from getting jobs in law enforcement. Subsequently, Respondent and the Miami Beach P.D. agreed to full disclosure regarding Respondent and the cocaine incident. In 1987, Respondent began to obtain employment in law enforcement. From September 1987 to January 1989, Respondent was employed as a police officer with the Indian Creek Village Police Department. From February 1989 to May 1989, he was employed as a police officer with the Florida City Police Department. Respondent resigned from both positions. In January 1990, Respondent was rehired by the Florida City Police Department (Florida City P.D.). At the time of hearing, he was still employed with the Florida City P.D. Respondent's personnel file reflects that, during his tenure as a police officer, Respondent has had one reprimand. The reprimand occurred after his resignation from the Miami Beach P.D. However, Respondent's personnel file also reflects that, during his tenure as a police officer, Respondent has had numerous commendations and letters commending his performance. He has been subjected to pressure and dangerous encounters and has performed in an exemplary manner. At hearing, several individuals, law enforcement and non-law enforcement, supported Respondent either through testimony or letters. Respondent's former pastor and the Mayor of the City of Florida City testified in support of him. Both regarded Respondent as having high moral character. Moreover, the Mayor's position was that the incident in June 1984 would have no effect on his opinion of Respondent. Additionally, the former Police Chief of the City of Miami Beach at the time of the incident in June 1984 did not find it odd or unusual for Respondent to still be in law enforcement. To him, Respondent had made a mistake, paid for the mistake, and had turned his life around. By letter, Respondent's immediate supervisor of five years with the Florida City P.D. supported him. Also, a special agent with the Florida East Coast Railway Police, who has known Respondent both personally and professionally for approximately nine years, supported Respondent. Petitioner filed the administrative complaint against Respondent on August 9, 1993. Respondent has no prior disciplinary action against him by Petitioner.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Criminal Justice Standards and Training Commission enter a final order Reprimanding Respondent; and Placing Respondent on probation for one (1) year under terms and conditions that the Commission deems appropriate. DONE AND ENTERED in this 2nd day of January, 1997 in Tallahassee, Leon County, Florida. ERROL H. POWELL 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 2nd day of January, 1997. COPIES FURNISHED: Richard D. Courtemanche, Jr. Assistant General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Braverman, Esquire Braverman and Grossman, P.A. 2780 Douglas Road, Suite 300 Miami, Florida 33133-2749 A. Leon Lowry, II, Director Division of Criminal Justice Standards and Training Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
