Findings Of Fact Respondent, Michael B. Smith (Smith), has been continuously employed as a teacher by Petitioner, School Board of Dade County (School Board) since 1977. During the 1985-86 school year, Smith was employed under a continuing contract as a work experience teacher at Miami Norland Senior High School. The Assault and Loan Among the students in Smith's second period work experience class was Colleen Ann Dougherty (Colleen); a 15 year old female and 10th grade student. Colleen had been a student of Smith's since September 1985, and they enjoyed a good student- teacher relationship until the events which gave rise to these proceedings. 1/ On February 10, 1986, Smith asked Colleen to remain after class. Once the other students had left the classroom, and Colleen and he were alone, Smith engaged Colleen in a brief conversation concerning the progress of her outside employment. Gauging the conversation at an end, Colleen picked up her purse and book bag preparatory to moving to her next class, but was distracted when Smith asked her what was in her purse. As Colleen looked into her purse, which was hanging from her right shoulder, Smith placed his left hand on her right hip and his right hand on her left shoulder. When Colleen looked up, Smith pulled her toward him, and kissed her on the lips. Smith's conduct was uninvited and unexpected; Colleen, disconcerted, left the classroom. On February 11, 1986, Smith was covering Colleen's first period class for her regular teacher. After the class had started, Smith asked Colleen into the hall and, exhibiting his divorce papers and a sense of urgency, asked to borrow $50.00 by the end of third period. Colleen informed Smith that she did not know if she could get the money by then since she would need to go to her boy friend's house for the bank book. Thereupon, Smith gave Colleen a pass to visit her friend Jessica to see about transportation. After arranging for transportation with Jessica, Colleen returned to Smith, who was still standing in the hall outside the classroom, and informed him that Jessica and she could get the money. At this time, Smith told Colleen that he liked her and suggested that they meet at school one night so he could repay the money. When Colleen expressed a lack of understanding concerning Smith's comments, he told her to look down and said, "even standing next to you excites me." On looking down, Colleen observed that Smith had an erection. Colleen quickly changed the subject and left with Jessica to get the requested $50.00 from the bank, which she later gave to Smith. Colleen was troubled by what had transpired and was afraid that if she reported the incident the administration would not credit her statements over those of a teacher. However, on Wednesday, February 12, 1986, Colleen told her boss what had transpired between Smith and her, and on the evening of February 12, 1986, she informed her grandmother. On February 13, 1986 Colleen, together with her boss and grandmother, informed the principal of Miami Norland Senior High School concerning the events of February 10-11, 1986. Smith was subsequently suspended from his teaching position, and this administrative proceeding duly followed. In choosing to credit Colleen's recollection of the events of February 10-11, 1986, as opposed to Smith's, I am not unmindful of minor discrepancies in the proof. However, the candor and demeanor of Colleen, coupled with the corroborating proof, compels the conclusion that Smith did commit, without invitation or provocation, the acts set forth in paragraphs 3-5, supra. Smith's conduct was inconsistent with the standards of public conscience and good morals, and was sufficiently notorious to bring himself and his profession into public disgrace or disrespect. Due to the notoriety of his conduct, Smith's service in the community, as well as his effectiveness in the school system, has been severely impaired. The Excessive Absences The proof establishes that Smith was absent from his employment on 26 days during the 1985-86 school year. Five of those days, and possibly six, were for personal reasons, rather than illness. While teachers are generally allowed only 4 personal days each school year, the School Board offered no evidence to rebut the proof that the additional 1-2 days were authorized by Smith's supervisor, or that all time off was duly approved.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That the School Board enter a Final Order sustaining the suspension of Respondent, Michael B. Smith, from his employment, and dismissing Respondent, Michael B. Smith, from his employment with the School Board. DONE AND ENTERED this 21st day of November, 1986, in Tallahassee, Florida. WILLIAM J. KENDRICK 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 21st day of November, 1986.
The Issue The issues in this case are (1) whether an education paraprofessional made salacious and vulgar comments to a female student and, if so, (2) whether such conduct gives the district school board just cause to suspend this member of its instructional staff for 30 workdays, without pay.
Findings Of Fact At all times relevant to this case, Respondent Alfredo Regueira ("Regueira") was an employee of Petitioner Miami-Dade County School Board ("School Board"), for which he worked full time as a physical education paraprofessional. At the time of the events giving rise to this proceeding, Regueira was assigned to Miami Senior High School ("Miami High"), where he led exercise and fitness classes in the gymnasium. As of the final hearing, A. M., aged 17, was a senior at Miami High. She had met Regueira in the spring of her sophomore year at the school, in 2005, outside the gym. Thereafter, although never a student of Regueira's, A. M. would chat with "Fred"——as she (and other students) called him——about once or twice per week, on the gymnasium steps, during school hours. As a result of these encounters, A. M. and Regueira developed a friendly relationship. At some point, their relationship became closer than it prudently should have, moving from merely friendly to (the undersigned infers) nearly flirty. A. M. gave Regueira a picture of herself inscribed on the back with an affectionate note addressed to "the prettiest teacher" at Miami High. Regueira, in turn, spoke to A. M. about sexual matters, disclosing "what he did with women" and admitting a proclivity for lesbians. Notwithstanding this flirtatious banter, there is no allegation (nor any evidence) that the relationship between Regueira and A. M. was ever physically or emotionally intimate. As time passed, however, it became increasingly indiscreet and (for Regueira at least) dangerous. At around eight o'clock one morning in late February or early March 2006, A. M. and her friend E. S. went to the gym to buy snacks, which were sold there. Regueira approached the pair and, within earshot of E. S., made some suggestive comments to A. M., inviting her to get into his car for a trip to the beach. Later, when E. S. was farther away, Regueira spoke to A. M. alone, using vulgar language to communicate his desire to have sexual relations with her. In A. M.'s words, "Mr. Fred me dijo en English 'I want to fuck you.'" (Mr. Fred told me in English "I want to fuck you.")1 At lunch that day, while conversing with E. S., A. M. repeated Regueira's coarse comment. A. M. did not, however, report the incident contemporaneously either to her parents, being unsure about how they would react, or to anyone else in authority, for fear that she would be disbelieved. After the incident, A. M. stopped going to the gym because she was afraid and embarrassed. A few weeks later, A. M. disclosed to her homeroom teacher, whom she trusted, what Regueira had said to her. The teacher promptly reported the incident to an assistant principal, triggering an investigation that led ultimately to the School Board's decision to suspend Regueira. Thus had the candle singed the moth.2 That this incident has diminished Regueira's effectiveness in the school system is manifest from a revealing sentence that Regueira himself wrote, in his proposed recommended order: "Since this situation has been made public[,] . . . my peers have lost all respect for me." An employee who no longer commands any respect from his colleagues is unlikely to be as effective as he once was, when his peers held him in higher regard. Ultimate Factual Determinations Regueira's sexually inappropriate comments to A. M. violated several rules and policies that establish standards of conduct for teachers and other instructional personnel, namely, Florida Administrative Code Rule 6B-1.006(3)(e)(prohibiting intentional exposure of student to unnecessary embarrassment or disparagement), Rule 6B-1.006(3)(g)(forbidding sexual harassment of student), Rule 6B-1.006(3)(h)(disallowing the exploitation of a student relationship for personal advantage), School Board Rule 6Gx13-4A-1.21 (banning unseemly conduct); and Board Rule 6Gx13-4-1.09 (proscribing unacceptable relationships or communications with students). Regueira's misconduct, which violated several principles of professional conduct as noted above, also violated Florida Administrative Code Rule 6B-1.001(3)(employee shall strive to achieve and sustain the highest degree of ethical conduct). This ethics code violation, it should be mentioned, is secondary to the previously described misdeeds, inasmuch as sexually inappropriate behavior in the presence of, or directed toward, a student necessarily demonstrates a failure to sustain the "highest degree of ethical conduct." Regueira's violations of the ethics code and the principles of professional conduct were serious and caused his effectiveness in the school system to be impaired. In this regard, Regueira's admission that his colleagues have lost all respect for him was powerful proof that, after the incident, he could no longer be as effective as he previously had been. Based on the above findings, it is determined that Regueira is guilty of the offense of misconduct in office.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board enter a final order suspending Regueira from his duties as a physical education paraprofessional for a period of 30 workdays. DONE AND ENTERED this 11th day of April, 2007, in Tallahassee, Leon County, Florida. S JOHN G. VAN LANINGHAM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 11th day of April, 2007.
The Issue The issues to be determined are whether Respondent, Mr. Oges Fadael, violated sections 1012.795(1)(g) or (j), Florida Statutes (2011),1/ and implementing administrative rules, as alleged in the Administrative Complaint, and if so, what is the appropriate sanction?
Findings Of Fact The Commissioner is responsible for investigating and prosecuting allegations of misconduct against individuals holding educator certificates. At all times relevant to the allegations in the Administrative Complaint, Mr. Oges Fadael held an educator certificate and was employed as a guidance counselor at Congress in the Palm Beach County School District. On November 17, 2011, K.S., a 13-year-old student, went to his new school, Congress, at mid-day. After attending afternoon classes, he attempted to board a school bus for a ride back to his home at the end of the day. The bus driver refused to let K.S. get on the bus, saying that he needed to have a bus pass. K.S. testified that he then told Mr. Fadael, who was in the bus loop, that the bus driver would not let him get on the bus and that he needed assistance to get home. Mr. Fadael responded, "Hell, walk." K.S. testified that he started to walk, but couldn't find his way home, and that three or four hours later his uncle picked him up and took him home. The following morning, on November 18, 2011, K.S. returned to Congress. He walked down a hall leading to the Student Services Office, where students were not supposed to be at that time in the morning. Mr. Fadael observed that K.S. was out of his assigned area and called after him, asking him where he was going. Mr. Fadael repeated his question, and asked K.S. to stop. K.S. did not answer Mr. Fadael, and continued to walk down the enclosed hallway, away from Mr. Fadael, with Mr. Fadael following him at a distance. Mr. Anthony Cruz, a digital graphic design teacher at the school, was in front of K.S., coming from the opposite direction down the hall toward K.S. and Mr. Fadael. Mr. Fadael called out to Mr. Cruz to "Please, stop this young man." Mr. Cruz addressed K.S., saying, "Where are you going? Please stop." K.S. did not answer Mr. Cruz or do as he was directed, and instead attempted to pass by Mr. Cruz, first to the right, then to the left, and then to the right again, with Mr. Cruz adjusting his body position and arms with each move to remain in front of K.S. and block his way. K.S. continued to ignore Mr. Cruz and turned around to go back down the hall in the direction from which he had just come. He met with Mr. Fadael, who again asked him where he was going, and directed him to stop. Again, K.S. did not answer or do as he was told, but instead attempted to pass around Mr. Fadael. Mr. Fadael pointed toward the Student Services Office and then stepped toward K.S., "herding" K.S. out of the hall and into a small alcove area outside the door leading into the Student Services Office. At this point, Mr. Cruz testified that he saw K.S. try to "push off" Mr. Fadael. He explained that this was not done in an aggressive fashion, but just to push him out of the way, to get away from him and go on his way. The binder that Mr. Fadael was carrying fell to the floor, but there was no clear and convincing evidence as to exactly how this happened. Mr. Fadael's written statement after the incident claimed that K.S. hit it and knocked it to the ground, as Mr. Fadael reiterated at hearing. The testimony of Mr. Cruz was equivocal, claiming at one point that Mr. Fadael put in down, and at another point that Mr. Fadael dropped it. K.S. himself offered no testimony as to whether he knocked the binder down, intentionally or otherwise. There were no other witnesses, and the video camera recording does not show what happened. It is clear, however, that Mr. Fadael grabbed K.S. by his right arm. When Mr. Fadael put his hands on K.S., Mr. Cruz testified that K.S. escalated his physical struggle against Mr. Fadael and "kind of like got really out of control." Mr. Cruz and Mr. Fadael were telling K.S. to "calm down, calm down." K.S. did not calm down. While still holding K.S.'s right arm, Mr. Fadael aggressively pushed him against the window next to the student services area entry door. The window is not flush, but sticks out from the wall. Mr. Cruz testified that K.S. finally calmed down just enough for them to open the door and move inside. The struggle continued in the area inside the door, and K.S. was screaming, "Let me go, let me go." Mr. Cruz testified that Mr. Fadael was holding K.S. with his arm behind his back, with K.S. facing toward the wall. Mr. Fadael pushed K.S. against the wall, pinning him there, as K.S. continued to struggle. Ms. Michelle Weinhouse was a web design teacher at Congress during the 2011-2012 school year. She was in the mailroom in student services and heard yelling outside. When she came out of the mailroom to see what was happening, she saw Mr. Fadael pinning K.S. against the wall. K.S. was crying and cursing, and saying he wanted to get his dad. K.S. was embarrassed and humiliated by his treatment. Ms. Lisa Snyder was a registered nurse assigned to Congress. She testified she had seen Mr. Fadael talking to K.S. earlier, but things like that happened on a daily basis, and she went into her office. She said she came back out of her office when she heard K.S. screaming, "Ouch, let me go, let me go." She testified: There was an altercation with Mr. Fadael, the guidance counselor, and the student. The child was struggling. Mr. Fadael had the child's arms. I think in the process of trying to subdue the child, you know, the kid was--I thought he was slammed against the wall. Nurse Snyder was concerned that K.S. could have sustained a head injury because she saw his head slam against the wall. Later on the day of the incident, K.S. was examined at the JFK Medical Center in Atlantis, Florida. The patient history indicated that there was right shoulder pain. Examination showed he had some contusions and: There is mild widening of the physeal plate laterally concerning for a Salter-Harris type 1 fracture. The humeral head articulates with the glenoid cavity. There is no evidence of displaced fracture or subluxation. The visualized right lung apex is clear. K.S. was instructed not to go to school for two days, and to schedule a follow-up appointment with an orthopedist, because a growth plate fracture was suspected. It is not clear from the record if K.S. was seen by an orthopedist. K.S. testified that he went to therapy for a month. He testified that he had always played football with his friends, but that he wasn't able to do that anymore, and that he wanted to play football in high school, but couldn't do that now. K.S. was injured when Mr. Fadael pushed him against the window or when he pushed him against the wall, or both times. It is clear that K.S. was uncooperative, disrespectful of authority, and disobedient. It is clear that Mr. Fadael used excessive force in response to the disrespectful and disobedient actions of K.S. Ms. Kathy Harris was principal of Congress in the 2011-2012 school year. On November 18, 2011, Ms. Harris was asked to come to her office because a parent needed to see her. The parent was K.S.'s mother, who told Ms. Harris that there was a problem with one of the instructors. After talking with the parent for a while, Ms. Harris asked Mr. Fadael to join them. She testified that when Mr. Fadael arrived, he defended his actions to the mother. Ms. Harris testified that neither the mother nor Mr. Fadael was listening to what the other was saying, and they both became very loud and belligerent. She asked Mr. Fadael to leave and requested that he submit a written statement about what had occurred. He submitted a Student Discipline Referral. He described the events as follows: Student was out of assigned area unsupervised. I asked student to report to his designated area; he refused. I gave him a choice to report to the cafeteria or the gym, and again he refused. Another teacher who was observing the incident asked him to comply, and again the student refused. The teacher attempted to stop him, but the student was still unwilling to cooperate. When I approached him, he became aggressive and extremely provocative. I was carried [sic] my binder and my briefcase, and he knocked my binder to the floor. At this point I had to restrain him for his own safety and had to call school police for assistance. As noted earlier, there was scant evidence showing exactly what happened in the alcove off of the hall. There was no credible evidence as to whether the binder was knocked to the floor, or simply was dropped. Even assuming that false information was contained in the Student Discipline Referral, there was no evidence that it was offered with the intent to defraud. Mr. Fadael submitted the Student Discipline Referral for the purposes of having K.S. disciplined, and to justify his own actions. Ms. Harris testified that at the time she received the Student Discipline Referral, she didn't know if it was accurate or not, but she continued her investigation. Although the referral had requested that K.S. be suspended, this ultimately was not done. In fact, Mr. Fadael was instead given notice of a ten-day suspension. Mr. Fadael did not submit fraudulent information. Mr. Fadael's demeanor at hearing was confrontational and belligerent. His testimony was generally evasive and not credible.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Education Practices Commission enter a final order finding Respondent, Mr. Oges Fadael, in violation of sections 1012.795(1)(g) and (j), Florida Statutes, and implementing rules. It is further recommended that the Education Practices Commission impose upon Mr. Fadael a fine of $1,500.00 and revoke his educator certificate for a period of two years, at the expiration of which time he may receive a new certificate by meeting all certification requirements of the state board current at the time of his application, subject to terms and conditions determined by the Education Practices Commission to be reasonably necessary to ensure that there will be no threat to students and that he will be capable of resuming the responsibilities of an educator. DONE AND ENTERED this 8th day of May, 2015, in Tallahassee, Leon County, Florida. S F. SCOTT BOYD 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 8th day of May, 2015.
The Issue Whether Respondent's educator's certification should be sanctioned for alleged acts involving moral turpitude, in violation of Subsection 1012.795(1) (c), Florida Statutes (2003).1 Whether Respondent's educator's certification should be sanctioned for being convicted of a misdemeanor, felony, or other criminal charge, in violation of Subsection 1012.795(1)(e), Florida Statutes. Whether Respondent's educator's certification should be sanctioned for violation of the Principles of Professional Conduct for the Education Profession, in violation of Subsection 1012.795(1)(i), Florida Statutes. Whether Respondent's educator's certification should be sanctioned for a plea guilty or a decision of guilt in any court, in violation of Subsection 1012.795(2), Florida Statutes. Whether Respondent's educator's certification should be sanctioned for failure to maintain honesty in all professional dealings, in violation of Florida Administrative Code Rule 6B- 1.006(5)(a). Whether Respondent's educator's certification should be sanctioned for submitting fraudulent information on a document in connection with professional activities, in violation of Florida Administrative Code Rule 6B-1.006(5)(h).
Findings Of Fact Respondent, Carolyn Stewart, holds Florida Educator Certificate 747243, covering the area of Guidance and Counseling, which was valid through June 30, 2005. Respondent was employed as a guidance counselor at Sea Breeze Elementary School, in the Manatee County School District, during the 2003/2004 school year, until she resigned sometime in the fall of 2003. On or after October 1, 2003, Respondent was arrested and charged with two counts of fraudulent use of a credit card. Respondent entered a plea of guilty to those charges, both third degree felonies, in the Circuit Court for Manatee County, Florida, Case Nos. 2003-CF-3150 and 2003-CF-4094, on May 18, 2004. Adjudication was withheld, and Respondent was sentenced to credit for time served in the county jail, court costs, and facility fee. On or about March 18, 2004, following the issuance of an Information, Respondent was arrested and charged with the felony offense of filing fraudulent insurance claims, between October 1, 1999, and September 12, 2003, with her employer, the Manatee County School Board. Respondent entered a plea of nolo contendre to the charge of filing fraudulent insurance claims for less that $20,000, a third degree felony, in the Circuit Court for Manatee County, in Case No. 2004-CF-1067, on May 24, 2005. Respondent was adjudicated guilty and sentenced to five years probation. On April 15, 2004, Respondent was charged, by Information, with the offense of Poisoning Food or Water of Michael Skoyec, which occurred between August 31, 2003, and/or September 1, 2003. Respondent pled not guilty to the charge, a first degree felony, and the matter proceeded to a jury trial before the Circuit Court for Manatee County, Case No. 2004-CF- 1787. Prior to the trial, the State Attorney amended the Information by adding a second count, charging Respondent with Attempted Second Degree Murder, a second degree felony. Following the trial which concluded on February 11, 2005, the jury returned a verdict of guilty on the first count, Poisoning Food and Water, and a verdict of guilty on the lesser count included offense of Battery (a first degree misdemeanor), as to the second Count. At the sentencing hearing on April 19, 2005, Respondent was adjudicated guilty and sentenced to 15 years in the custody of the Department of Corrections, and costs, followed by five years' probation. Respondent was committed to the custody of the Department of Corrections on April 19, 2005, and is at present serving her sentence in the Gadsden Correctional Institution. Following her conviction and sentence, Respondent appealed her convictions to the Second District Court of Appeal. The conviction was affirmed on March 3, 2006, and the Mandate issued on May 18, 2006. In each of the criminal cases in which she entered a plea of guilty or no contest, Respondent, through her attorney, stipulated that there was a factual basis for the charge, or the facts were stated on the record for the court to determine the factual basis. Following these incidents, Respondent resigned her position with the Manatee School District in the fall of 2003. There was adverse publicity in the newspaper about the charges against Respondent, including the poisoning charge. There was no dispute that as a result of these incidents Respondent's effectiveness as a teacher was seriously, if not totally, reduced. The honesty of educators is relied upon by administrators. Respondent's actions, including her fraudulent acts, prevented administrators from relying on her honesty. Fellow employees rely on an educator's honesty, and Respondent's actions similarly prevent that reliance in the future. On October 18, 2004, Respondent was charged by Information, with one felony count of falsifying records, on September 22, 2003, of the Department of Children and Family Services (DCFS). She entered a plea of no contest, was adjudicated guilty, and placed on five years' probation for that offense on May 24, 2005. Although the avenue of direct appeal of her conviction has been exhausted, Respondent has retained legal counsel to explore the possibility of filing post-conviction relief in the courts in regard to those charges, where she has been adjudicated guilty by the court. Although Respondent acknowledged that grounds existed to revoke her teaching certificate, she testified that she was very good at what she did as a guidance counselor and desired the opportunity to seek reinstatement of her teaching certificate in the future. Respondent offered no evidence to support this assertion.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED as follows: A final order be issued finding that Respondent did violate the provisions of Subsections 1012.795(1) (c), (e) and (i), Florida Statutes, and Florida Administrative Code Rule 6b- 1.006(5) (a), and (h). Count 4 of the Administrative Complaint should be dismissed. If is further RECOMMENDED: That the Education Practices Commission enter a final order permanently revoking Respondent's teaching certificate. DONE AND ORDERED this 24th day of January, 2007, in Tallahassee, Leon County, Florida. S DANIEL M. KILBRIDE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 24th day of January, 2007.
The Issue The issue is whether Respondent failed to maintain good moral character as a law enforcement officer and violated provisions of Sections 943.1395(6), 943.1395(7), and 943.13(7), Florida Statutes (2003), and if so, what penalty should be imposed.
Findings Of Fact By stipulation of the parties, Respondent was, at all times material to this proceeding, a certified law enforcement officer in the State of Florida, holding certificate number 194615. On May 27, 2003, Dorothy Shelton was a dispatch duty officer at the Havana Police Department in Havana, Florida. The police chief asked Shelton to sit near Respondent in a small room at the police station when he came in to peruse the contents of his personnel file. Respondent arrived, took the folder and sat down near Shelton. When Respondent asked if he could remove papers from the folder, Shelton told him that it was not permitted. Some of the papers in the folder were loose and Respondent asked if he could have copies made of some of the documents. Shelton told him that copies could be made upon Respondent's going nearby to the Havana City Hall, paying the requisite copying fees, obtaining a receipt for same, and returning to the police station. Eventually, Respondent, after more paper shuffling, returned the folder to Shelton and left the police station. As he went out the door, Shelton observed a piece of paper in Respondent’s pocket. Shelton made the deduction that the paper came from the personnel folder and quickly told the duty sergeant that Respondent had removed a piece of paper from the folder. The sergeant immediately looked in the folder, noticed that a returned personal reference questionnaire sent out by the department in the folder was missing. The sergeant immediately proceeded to follow Respondent with the intent of stopping him outside, but discovered that Respondent had left the area. The sergeant then telephoned Respondent’s residence and left a telephonic message for Respondent to return the call. At about 5:00 p.m., that same day, Respondent returned the call. When questioned by the sergeant, Respondent admitted taking the document and later destroying it. At the hearing, Respondent testified that he was motivated to remove the document from the folder because he had a pending job application with the Florida Highway Patrol and the document inappropriately stated he had been “Baker-Acted.” In the course of his testimony, Respondent exhibited remorse and confirmed again a written apology he had written to the Havana police chief. At the hearing, Respondent also defended his actions by relating that he had discussed the matter with the Havana city manager who allegedly told him to go remove the document from the folder. In the absence of testimony by the city manager, Respondent’s testimony in this regard is not credited. The record does not reveal how long Respondent has been a certified law enforcement officer. There is no evidence that Respondent has a prior disciplinary history.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Petitioner enter a final order placing Respondent's certification as a law enforcement officer on probation for a period of two years upon such reasonable terms and conditions as may be determined by the Criminal Justice Standards and Training Commission. DONE AND ENTERED this 13th day of May, 2004, in Tallahassee, Leon County, Florida. S DON W. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 13th day of May, 2004. COPIES FURNISHED: Linton B. Eason, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Thompkins W. White, Esquire Igler & Dougherty, P.A. 1501 East Park Avenue Tallahassee, Florida 32301 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Rod Caswell, Program Director Division of Criminal Justice Professionalism Services Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
