The Issue The primary issue for determination is whether Dr. Jones violated provisions of Chapter 458, F.S. by violating terms of his probation, more specifically, those terms requiring attendance at Grand Rounds and monitoring by a local, Board certified pediatrician. If those violations occurred, an appropriate disciplinary action must be determined.
Findings Of Fact Respondent, Dr. Jones, is now, and has been at all relevant periods, a licensed physician in the State of Florida, having been issued license number ME0017104. His practice is located in Seminole, Florida. On April 21, 1986, a Final Order was entered by the Board of Medical Examiners, resolving by an amended stipulation, a twenty-count Administrative Complaint that had been filed against Dr. Jones on December 1, 1983. Pertinent provisions of the Final order included: Placement on probation for a period of five years commencing with the effective date of the order; Attendance at Grand Rounds weekly during probation at both All Children's Hospital in St. Petersburg, Florida and the University of South Florida in Tampa, Florida; and, Monitoring by a local Board-certified pediatrician, John H. Cordes, Jr., M.D., who was to make visits to Dr. Jones' office every two weeks and to randomly select 15 percent of Dr. Jones' medical charts to verify appropriateness of care and thoroughness of record-keeping. Dr. Jones was out of the country, in Antigua, when the order arrived, and it was in his office when he returned on May 4, 1986. Approximately two weeks later, around May 19th, Dr. Jones tried to call Dr. Cordes, the designated monitoring physician, and was told he was out of town. When he reached Dr. Cordes in early June, Dr. Cordes told him that under no circumstances would he serve as his monitoring physician and that he had written a letter to DPR advising them of such. After making some unspecified and unsuccessful efforts to locate a substitute, Dr. Jones contacted Lewis A. Barness, M.D., Chairman of the Department of Pediatrics at the University of South Florida. In a letter to Dr. Jones dated July 11, 1986, Dr. Barness agreed to review "about ten or fifteen percent of your charts on a biweekly basis." (Petitioner's exhibit #4) Dr. Jones was out of the country again the last two weeks of July, and the monitoring by Dr. Barness began on August 15, 1986. Dr. Barness was approved by the Board of Medical Examiners as a substitute on August 2, 1986. Dr. Jones continues to be monitored by Dr. Barness at Dr. Barness' office at the University. Dr. Jones brings his appointment book (although Dr. Barness never reviews it) and his charts, and Dr. Barness pulls, at random, fifteen to twenty percent of the charts and reviews them. Grand Rounds, lectures on pediatric medical topics, are held at 8:00 A.M. on Fridays at the University of South Florida Medical Center, and at 12:30 P.M. on Fridays at All Children's Hospital. Between his receipt of the Final Order and June 15, 1986, (the date specified in the amended complaint) Dr. Jones never attended Grand Rounds at the University of South Florida. He attended once, June 6th, during this period at All Children's Hospital. The basis for non-attendance is specified for each Friday session during the relevant period as follows: May 9, 1986 (the first Friday after Dr. Jones returned and saw the Final Order)--Dr. Jones' van was broken. His wife, a part-time employee at an interior design shop, was called in for work that day, so he did not have transportation. Further, he met with the mother of one of his patients at noon on this date. May 16 and 23, 1986--Dr. Jones' recently-widowed mother was visiting, and since she was also quite ill, he spent time with her. Further, Grand Rounds were cancelled at the University of South Florida on May 16th. May 30, 1986--Dr. Jones' van was again broken and his wife was called to work leaving him without transportation. June 6, 1986--Dr. Jones awoke with gastroenteritis, so he did not attend the morning session at the University of South Florida; he did attend the session at All Children's Hospital. June 13, 1986--Grand Rounds were cancelled at the University of South Florida on this date. Dr. Jones decided to take his children to Disney World as they lived out of state and were leaving the next day. June 15, 1986 was the close of the relevant period regarding attendance at Grand Rounds, according to the Administrative Complaint, as amended. From the testimony and evidence, I am unable to determine conclusively whether Dr. Jones has attended regularly since that date. Except for weekends and the trips out of country, Dr. Jones continued to practice medicine as a pediatrician between April 21, 1986 and July 1986, the date of the Administrative Complaint. He stipulated that he understood the terms and conditions of the Board's Order regarding probation. His testimony at the hearing revealed that he was thoroughly familiar with the details of the order. Nevertheless, he violated the terms of probation. Although he knew that the Board had approved the Stipulation in January 1986, and that the stipulation specified Dr. Cordes as the monitoring physician, he waited until the last minute (two weeks after he received the order) to contact Dr. Cordes about commencing the monitoring. While Dr. Cordes' refusal to participate is not attributable to Dr. Jones, the delay in obtaining a substitute could clearly have been eliminated with better planning by Dr. Jones. Technically, the monitoring conducted by Dr. Barness does not comply with the terms of the probation order, as Dr. Jones brings the charts to him for review. Dr. Barness has impressive credentials and is understandably unable to visit Dr. Jones' office every two weeks. However, Dr. Jones admitted that he never asked the Board to modify the terms of his probation in that regard. Dr. Jones' lack of judgment regarding the terms of probation is also reflected in his uncontroverted excuses for non-attendance at Grand Rounds. With the obvious exception of the cancellation of the lectures, the excuses fail to mitigate the violations.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Board of Medicine enter a final order: Finding that Respondent, Archbold M. Jones, M.D. violated subsections 458.331(1)(h) and (x) F.S.. Suspending Dr. Jones' license for three months (conforming to the approximate period that he practiced without supervision). Requiring Dr. Jones to appear before the Board with Dr. Barness to outline the details of the monitoring process and insure that proper review can be made at Dr. Barness' office, rather than Dr. Jones' office. Providing for Dr. Jones' immediate notification to the Board in the event Dr. Barness is unable to continue with monitoring consistent with the Board's direction. Outlining specific guidelines for excused non-attendance at Grand Rounds and providing for notification by Dr. Jones to the Board each time he fails to attend, and the reason for such failure. Providing that future violations will result in nullification of the stipulation and immediate proceeding on the original multi-count complaint. Providing that all other terms and conditions of the April 21, 1986 Order remain in full force and effect. DONE and RECOMMENDED this 6th day of July, 1987 in Tallahassee, Florida. MARY CLARK Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of July, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 86-3920 The following constitute my specific rulings on the findings of fact proposed by the parties. Petitioner's Proposed Findings of Fact 1. Adopted in paragraph #1. 2. Rejected as unnecessary. 3. Adopted in substance in paragraph #2. 4. Rejected as unnecessary. 5-6. Adopted in substance in paragraph #2. 7-8. Adopted in paragraph #7. 9. Adopted in substance in paragraph #4. 10-11. Adopted in paragraph #9. Respondent's Proposed Findings of Fact 1. Adopted in paragraph #1. 2-3. Adopted in substance in paragraph #2. The closing date is addressed in paragraph #7, however the June 15, 1986, date relates only to attendance at Grand Rounds and not to the period during which monitoring did not occur. (See motions to amend complaint.) Adopted in paragraph #3. Adopted in paragraph #6. 7-15. Adopted in substance in paragraph #7. However, the characterization of a "medical emergency" in paragraph #9 is unsupported by the record, as are the characterizations, "justification" for not attending Grand Rounds and "legitimately prevented" from attendance. Respondent was not unable to attend Ground Rounds, except when the rounds were cancelled. He chose rather not to attend for various reasons which to him were more important than his attendance. Adopted in paragraph #4. Adopted in paragraph #5, except however the "diligence" of the search was not established by competent credible evidence. Adopted in substance in paragraph #5. 19-27. Rejected as irrelevant and unnecessary. Rejected as unsupported by competent, substantial evidence. Rejected as immaterial. Rejected as contrary to the weight of the evidence. Adopted in paragraph 9. Rejected as cumulative and unnecessary. The "diligence" is unsupported by competent credible evidence. Rejected as immaterial. COPIES FURNISHED: Dorothy Faircloth, Executive Director Board of Medical Examiners Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Van Poole, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Joseph A. Sole, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Bruce D. Lamb, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Michael I. Schwartz, Esquire Suite 100, Capitol Office Center 119 North Monroe Street Tallahassee, Florida 32301
The Issue Whether Respondent, a certified correctional officer, committed the offenses alleged in the Administrative Complaint and the penalties, if any, that should be imposed.
Findings Of Fact Respondent has been certified as a Correctional Officer in the State of Florida since March 9, 1994. There was no evidence that he had been the subject of any prior disciplinary action. At all times material to this proceeding, the Department employed Respondent as a Correctional Officer. 2/ On December 21, 1999, Respondent reported for his scheduled duty shift at the Turner Guilford Knight Correctional Center (the TGK Center). The TGK Center is a jail located in Miami-Dade County and operated by the Department. Respondent was scheduled to work the shift beginning at 6:30 a.m. and ending at 2:30 p.m. On December 21, 1999, Respondent was assigned as a unit manager at the TGK Center. His responsibilities included the care, custody, and control of all inmates in his assigned unit of the facility. Respondent was responsible for conducting visual inspections of the unit and inmate headcounts. Visual inspections and inmate headcounts are separate procedures. In a visual inspection, the officer looks for anything out of the ordinary by walking around the entire unit, looking into each cell, and checking on all inmates. In a headcount, the officer accounts for the presence of each inmate by counting the inmates in the unit. At the times pertinent to this proceeding, Respondent was required to document his activities at the TGK Center by making written entries in a Unit Logbook. Upon reporting for duty at 6:30 a.m., Respondent made an entry in the Unit Logbook recording the time, his presence on duty at "0630," and his receipt of certain equipment from the previous shift. Respondent made a second entry in the Unit Logbook at 6:43 a.m. As the first line of the second entry, Respondent inserted in the Unit Logbook the following: "0643-Visual check of unit/inmates all app QRU." The first line of the second entry would convey to other officers reviewing the Unit Logbook that Respondent had determined through a visual inspection that all was well throughout the unit at approximately 6:43 a.m. 3/ As the second line of the second entry, Respondent inserted in the Unit Logbook the following: "H/C B W H." That entry would convey to other officers reviewing the Unit Logbook that Respondent had intended to conduct an inmate headcount and list each inmate in one of the following categories: Black, White, or Hispanic. Because no numbers were inserted next to each designated category, it would have been clear to other officers reviewing the Unit Logbook that Respondent had not completed the inmate headcount. Respondent became preoccupied with preparations for serving the inmates their morning meal, which he intended to serve early because he was expecting supplies to be delivered that morning. Respondent did not complete the headcount he had intended to take. Shortly before 9:30 a.m., Respondent assigned an inmate trustee to assist him with the meal preparations and told the trustee to find another inmate to help. The trustee then went to another part of the unit to look for another inmate to help with preparations for the meal. Shortly thereafter, Respondent heard the inmate trustee screaming, and Respondent immediately went to investigate. At 9:30 a.m., Respondent arrived at cell 5520 and observed inmate Carlos Nevis hanging in front of the window of the door. Mr. Nevis' body was readily observable from outside the room through the window of the door. Rigor mortis had set in, which indicated that Mr. Nevis had hanged himself prior to the time Respondent reported to work. Respondent did not perform a visual check of the inmates in the unit at 6:43 a.m. as he recorded in the Unit Logbook. Had Respondent actually performed the visual checks at that time, he would have discovered Mr. Nevis' body. The first line of the second entry made by Respondent in the Unit Logbook entry at 6:43 a.m. indicating that he had made a visual check of the "unit/inmates" and that all appeared "QRU" was false. Respondent had not performed a visual inspection to determine the status of the unit.
Recommendation Based on the foregoing findings of fact and conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order finding that Respondent failed to maintain good moral character, as required by Section 943.1395(7), Florida Statutes. It is further recommended that Respondent's certification be suspended for a period of six months and that he thereafter be placed on probation for a period of two years. As a special condition of probation, Respondent should be required to complete an ethics course approved by Petitioner. DONE AND ENTERED this 21st day of August, 2002, 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 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 21st day of August, 2002.
The Issue Did Respondent violate the provisions of Section 817.567, Florida Statutes (2004), or any lesser included offenses, Section 943.1395(6) and/or (7), Florida Statutes (2004), and Florida Administrative Code Rule 11B-27.0011(4)(b) and/or (c), by failing to maintain the qualifications established in Section 943.13(7), Florida Statutes (2004), requiring maintenance of good moral character?
Findings Of Fact Undisputed Facts: Respondent was certified by the Criminal Justice Standards and Training Commission on September 5, 1995, and was issued Correctional Certificate Number 157626. Additional Facts: Petitioner's Exhibit numbered A11 is a copy of an interoffice memorandum from Respondent to the "Personnel Dept." This reference to the personnel department is taken to refer to the Florida Department of Corrections, in view of other proof in this record. The interoffice memorandum goes on to describe as the subject "transcript and diploma." The interoffice memorandum says "I have enclosed a copy of my diploma and transcript. Please place these in my personnel file and update my records and incentive. Thank you, W.S.D." The exhibit reflects in a handwritten note of unknown origins, "This diploma & transcript are ineligible for CJIP because this is not an accredited college." Nothing else in this record describes the nature of the transcript and diploma referred to in the interoffice memorandum concerning the particulars of the transcript and diploma that was mentioned on January 31, 1999, nor can it be reasonably inferred. As evidenced by Petitioner's Exhibit numbered A15, Respondent prepared and signed an employment application with the Florida Department of Corrections for the position of Correctional Probation Officer on June 14, 2004. In the course of this application Respondent listed under the section related to college university or professional school "Southern Mississippi" at "Hattiesburg, Mississippi", which he allegedly attended from August 1996 through August 2003, participating in a course of study referred to as "Criminal Justice" at which, according to the application, he earned an M.S. degree. In fact Respondent had never attended the University of Southern Mississippi as explained in correspondence dated July 6, 2004, from Greg Pierce, University Registrar at the University of Southern Mississippi directed to Terry Foskey, a payroll specialist with the Department of Corrections, Region I Service Center, who had inquired of the University of Southern Mississippi concerning Respondent's status as a student. This correspondence is Petitioner's Exhibit numbered A9. Moreover, a transcript, Petitioner's Exhibit numbered A3, which Mr. Foskey had supplied a verification specialist in the registrar's office at the University of Southern Mississippi, Trudy Stewart or Steward, was found not to resemble a transcript from that university, as explained by Mr. Pierce in his correspondence. The transcript, Petitioner's Exhibit numbered A3, had been received by Mr. Foskey on June 28, 2004. Mr. Foskey was uncertain of the information contained in the transcript. This led to his inquiry to the University of Southern Mississippi, with the determination being made that the transcript did not come from that university. While Mr. Foskey was attempting to clarify the status of the transcript with the University of Southern Mississippi, he was contacted by Respondent who asked if Mr. Foskey had received the transcript. Mr. Foskey replied that he had and asked what Respondent wanted done with that transcript. Respondent answered that he had pulled up information on a program known as ATMS, which the Florida Department of Law Enforcement uses to track certified officers, Respondent among them. As a result Respondent said that he needed this document, meaning the transcript, entered into the ATMS because he was transferring from his present position into another position he referred to as security. There was a series of e-mails as reflected in Petitioner's Exhibit numbered A8 from Respondent to Mr. Foskey. The first was on July 1, 2004. It says "Per telephone call, please place information in ATMS 2 and in my personnel file Thanks." Then the name and position of Respondent as Classification Officer at Santa Rosa CI-119 is provided. On that same date another e-mail was dispatched from Mr. Foskey back to Respondent which said "Thank you for the follow-up." As reflected in the exhibit, on July 7, 2004, Respondent sent an e- mail to Mr. Foskey, with the subject line being "Re: Transcript," which said in its text, "Mr. Foskey, how long does it take for the information to be entered into ATMS 2?" The change in employment position by Respondent that was being described for Mr. Foskey related to the application, Petitioner's Exhibit numbered A15. Pertinent to this inquiry, the Correctional Probation Officer job being sought by Respondent required a bachelor's degree level of education as a prerequisite to filling the position. The reference made by Respondent to the M.S. degree from University of Southern Mississippi is perceived as Respondent's attempt to show that he had the necessary level of education to apply for the job. In relation to his pursuit of the Correctional Probation Officer position, on June 8, 2004, Respondent had filed a request for demotion with the Regional I Service Center Department of Corrections for personal reasons, requesting permission to move from his position of Senior Classification Officer to that of Correctional Probation Officer. This is reflected in Petitioner's Exhibit numbered A15A. As a result of the incident concerning the purported transcript from the University of Southern Mississippi, the Department of Corrections, Office of the Inspector General investigated. That investigation was conducted by David Ellis. In a discussion between Mr. Ellis and Respondent concerning the subject transcript, Respondent acknowledged that he had the documentation sent to personnel, taken to mean the personnel office with the Department of Corrections. Respondent told Mr. Ellis that he had requested that the transcript be sent to personnel and had supplied information to a company to have it sent. Respondent did not remember the name of the company, as he explained to Mr. Ellis. Respondent told Mr. Ellis that he had read a personnel memorandum on the Department of Corrections website about a university in southern Florida that would accept life experience for college credits and that he, meaning Respondent, searched the web and found that the University of Southern Mississippi did likewise. The memorandum about the university in southern Florida, refers to Florida Southern College, and is found to be that as reflected in Respondent's Exhibit numbered A5. Respondent then sent an e-mail to the internet company requesting information about college degrees. The company sent him a package explaining the process and he sent something back about his life experiences, with a check of $800.00 and a list of other college credits earned elsewhere. Respondent told Mr. Ellis that he then received the subject transcript at his home from the University of Southern Mississippi on a later date. This is found to be as arranged through the internet company. The transcript that he received at home, Respondent compared to the one that had been received by Mr. Foskey and Respondent told Mr. Ellis they were the same with the exception that his transcript copy had a seal in the middle. Respondent acknowledged to Mr. Ellis that he had not taken any of the courses on the transcript that has been described and had not earned any grades for any of those courses reflected on the transcript. When Mr. Ellis asked Respondent why he would send something to personnel that he had never officially done, Respondent replied because he thought it was all right. Mr. Ellis asked Respondent to give him information about the internet company that Respondent had referred to and any information regarding payment to that company by Respondent. Respondent called Mr. Ellis back and told him that the name of the company was CustomDegrees.com. It is found that Respondent's Exhibit numbered 4 is information from CustomDegrees.com that Respondent relied on. Nothing about this information from CustomDegrees.com provided to Respondent, and for which Respondent paid a service fee, could reasonably be interpreted to serve as the functional equivalent of having earned the degree from the University of Southern Mississippi for which Respondent intended to take credit. Petitioner's Exhibit numbered A3A constitutes a handwritten educational history which Respondent provided to CustomDegrees.com for them to provide the degree which was falsely portrayed as having been issued by the University of Southern Mississippi.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That a Final Order be entered finding violations of the Statutes and Rules referred to and suspending Respondent's Correctional Certificate Number 157626 for 60 days. DONE AND ENTERED this 12th day of April, 2006, in Tallahassee, Leon County, Florida. S CHARLES C. ADAMS 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 12th day of April, 2006. COPIES FURNISHED: Linton B. Eason, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 R. John Westberry, Esquire Holt & Westberry, P.A. 1308-B Dunmire Street Pensacola, Florida 32504 Michael Crews, Program Director Criminal Justice Standards and Training Commission Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
Findings Of Fact Prior to his termination, Petitioner had been employed as a Correctional Officer by the Respondent, Department of Corrections, at Glades Correctional Institute for approximately two years. On April 3, 1987, Petitioner signed a written statement acknowledging that he was immediately responsible for reading the rules of the Respondent. Petitioner's immediate supervisor was Mr. Edward Minor, Correctional Officer Supervisor at Glades Correctional Institute. Mr. Chester Lambdin is the Superintendent of Glades Correctional Institute. Although he felt ill, Petitioner reported to work on January 25, 1989 before his scheduled eight hour work shift was to begin at midnight and continue through January 26, 1989. Petitioner left work due to his illness before the end of his January 26, 1989 shift. Petitioner did not report to work after he left on January 26, 1989. On January 26, 1989, Petitioner contacted his supervisor, Mr. Minor, and informed him that he was ill; that he would not report to work for about two days and that he had a doctor's excuse for his absence. Mr. Minor excused Petitioner for two days, January 27, 1989 and January 28, 1989. Petitioner's doctor's excuse covered the period of January 27, 1989 through January 30, 1989. Petitioner gave the excuse to a fellow worker and requested the associate to deliver the excuse to Mr. Minor. Before February 2, 1989, Mr. Minor did not see the excuse. Petitioner did not contact Mr. Minor until the afternoon or evening of February 2, 1989. Petitioner was not scheduled to work on January 30 or January 31, 1989. Petitioner stated that he knew he should contact his supervisor before each work shift if he were ill and would not report to work, but he stated that most of his fellow workers did not follow the procedure and were not penalized for failure to make the required report. Notice before an absence is the standard policy of the Respondent. Petitioner was on unauthorized leave on January 29, 1989, February 1, 1989 and February 2, 1989. On February 3, 1989, Mr. Lambdin drafted a letter to Petitioner, which was posted by certified mail, informing Petitioner that he had been deemed to have abandoned his position as a Correctional Officer I at Glades Correctional Institution and to have resigned from the career service system.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Administration issue a final order that the Petitioner abandoned his position and resigned from the Career Service System as contemplated by Rule 22A-7.010(2)(a), Florida Administrative Code. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 15th day of May 1989. JANE C. HAYMAN 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 15th day of May 1989. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 89-1189 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties in this case. The Respondent was the sole party who submitted Proposed Findings of Fact. Specific Rulings on Proposed Findings of Fact Adopted in Finding of Fact 1. Adopted in part in Finding of Fact 2; rejected in part as not supported by competent and substantial evidence. Rejected as conclusion of law. Rejected as irrelevant. Adopted in Finding of Fact 3. Adopted in Findings of Fact 6 and 7. Adopted in Findings of Fact 5 and 11. Adopted in Findings of Fact 5 and 11. As to first sentence, rejected as irrelevant. As to the remainder, adopted in Findings of Fact 15 and 12. Adopted in Finding of Fact 16. Adopted in Finding of Fact 14. COPIES FURNISHED: Larry D. Scott, Esquire Department of Administration 435 Carlton Building Tallahassee, Florida 32399-1550 Lynne Winston, Esquire Department of Corrections 1311 Winewood Boulevard Tallahassee, Florida 32399-1550 Mr. Lewis C. Stewart 692 Waddel Way Pahokee, Florida 33476 Adis Vila, Secretary Department of Administration 435 Carlton Building Tallahassee, Florida 32399-1550 Augustus D. Aikens, Jr., Esquire General Counsel Department of Administration 435 Carlton Building Tallahassee, Florida 32399-1550 Richard L. Dugger, Secretary Department of Corrections 1311 Winewood Boulevard Tallahassee, Florida 32399-2500 Louis A. Varga, Esquire Department of Corrections 1311 Winewood Boulevard Tallahassee, Florida 32399-2500
Findings Of Fact Petitioner was employed by Respondent as a correction officer for the 16-month period between March, 1981 and July, 1982. She was assigned to the St. Johns County Jail, where her duties included booking and releasing both male and female inmates, taking mug shots, obtaining fingerprints, delivering food and mail, and providing general security. Petitioner satisfactorily completed a one-year probationary period and achieved permanent status. She became aware of her pregnancy in March, 1982, and informed her supervisor of this fact. 1/ She was initially told by her supervisor to report "downtown" for reassignment. However, the officer in charge of that department knew nothing of the proposed change in assignment and sent Petitioner back to the jail. Petitioner then resumed her correctional duties but was assigned exclusively to the booking desk based on her pregnancy. Around May, 1982, Petitioner was reassigned within the jail to the canteen, where her duties were clerical rather than correctional. On May 28, 1982, the jail administrator wrote to Petitioner's physician inquiring as to whether Petitioner could continue to perform correctional duties based on her physical ability and safety considerations. The physician's reply established that her physical ability would permit her to continue working until the date of her confinement, which he anticipated would occur about October 14, 1982. The physician declined to evaluate her condition in terms of job safety. In mid-July, Petitioner was told by her immediate supervisor, Sgt. Threet, that she should take maternity leave. Petitioner declined in the belief that she had a choice in the matter and that she was able to continue working. However, her unwillingness to take leave was not communicated to Captain Janson, who advised her by letter that he was placing her on leave as agreed. A meeting was held to discuss the proposed leave, but apparently the misunderstanding continued. Petitioner reported for work on July 21, 1982 and was directed to leave by her former supervisor, who advised Petitioner that she was no longer on the payroll. Petitioner's apparent termination on July 21, 1982 was confirmed by a letter from the St. Johns County Sheriff dated July 30, 1982 (Petitioner's Exhibit 2). The Sheriff's letter and other after-the-fact statements of subordinate officials indicated their belief that Petitioner and her fetus were in "obvious jeopardy" (Petitioner's Exhibit 2), so long as she continued to have contact with jail inmates. Additional reasons given for her removal were that she could not backup her commands to inmates because of her physical condition, and that she was becoming too large physically to work behind the booking desk (Respondent's Exhibit 1). The lack of any policy with respect to pregnancy and the confusion in this case were evident in the two attempted reassignments of Petitioner prior to her discharge and referral of the matter, at one point, to Petitioner's physician. Both Petitioner and her immediate supervisor, Sgt. (now Lieutenant) Threet are women of small physical stature. They are essentially unarmed while on duty and must rely on outside help if there is a major disturbance within the jail. Lieutenant Threet concedes that she would not be able to overpower a strong male prisoner if confronted by one. Therefore, the physical demands of the correctional officer position must be considered limited. There was no medical evidence presented that indicated Petitioner was unable to perform her assigned duties at the time of her discharge. She was aware of the physical risk to herself and fetus (although the degree of such risk was not established) and accepted this responsibility as a condition of her continued employment. The argument regarding Petitioner's alleged physical difficulty at the booking desk is rejected as pretextual and was not pursued at the hearing. Her alleged inability to backup commands to inmates due to her condition is likewise rejected in that she, as well as her female supervisor, were not at anytime capable of physically enforcing their commands with respect to the large and stronger male prisoners.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Florida Commission on Human Relations enter a Final Order directing that Petitioner be reinstated by Respondent. DONE and ENTERED this 31st day of December, 1984, in 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 31st day of December, 1984.
The Issue Whether or not on or about October 24, 1975, the Respondent, Dallas Norman House was convicted upon a plea of not guilty and a verdict of guilty of the offense of unlawfully and knowingly possessing marijuana, a Schedule I controlled substance, in violation of Subsection 841(a)(1), Title 21, United States Code, and unlawfully, knowingly and intentionally importing marijuana, a Schedule I controlled substance, into the United States, in violation of Subsection 952(a), Title 21, United States Code, and thereby was guilty of a crime against the laws of the United States, involving moral turpitude, fraudulent or dishonest dealing in violation of 475.25(1)(e), F.S. Whether or not the Respondent, Dallas Norman House, was committed to the custody of the Attorney General of the United States or his authorized representative for imprisonment for a period of five (5) years on each of counts one and two of the aforementioned charges and that the execution of those sentences should run concurrently, to be followed by a parole term of five (5) years and thereby is guilty of a violation of 475.25(2), F.S., by being confined in a state or federal prison.
Findings Of Fact The Respondent, Dallas Norman House, is registered as a non-active salesman under certificate no. 0041416 held with the Petitioner, Florida Real Estate Commission since October 1, 1976. Prior to that date the Respondent held the same certificate number as an active salesman beginning October 4, 1974 through September 30, 1976. Copies of these registrations may be found as part of Petitioner's Composite Exhibit #1, admitted into evidence. On October 24, 1975, the Respondent, Dallas Norman House, was adjudged guilty upon his plea of not guilty and a verdict of guilty of the offenses of; (1) unlawfully and knowingly possessing marijuana a Schedule I controlled substance, in violation of 841(a)(1), Title 21, United States Code; and (2) unlawfully, knowingly and intentionally importing marijuana, a Schedule I controlled substance into the United States, in violation of 952(a), Title 21, United States Code. The Respondent was adjudged guilty and convicted, and committed to the custody of the Attorney General of the United States or his authorized representative for imprisonment for a period of five (5) years on each of the two counts with the execution of the two sentences to run concurrently, to be followed by a parole term of five (5) years. The terms of the judgement and commitment may be found in Petitioner's Exhibit #2, admitted into evidence. On August 2, 1976, the Respondent, Dallas Norman House surrendered himself at the Federal Prison Camp, Eglin Air Force Base, Florida to begin the service of the aforementioned sentences as imposed and at the time of the hearing was serving that sentence.
Recommendation Based upon the findings of fact and conclusions of law in this cause, it is recommended that the Petitioner, Florida Real Estate Commission, revoke the registration of the Respondent, Dallas Norman House, certificate no. 0041416. DONE and ORDERED this 4th day of February, 1977, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Bruce I. Kamelhair, Esquire Staff Counsel Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Dallas Norman House c/o Superintendent E.V. Aiken Post Office Box 600 Eglin Air Force Base Eglin, Florida 32542
The Issue Should the Criminal Justice Standards and Training Commission (the Commission) impose discipline on Respondent in association with his Correctional Officer Certificate?
Findings Of Fact Having considered Respondent's comment in requesting a formal hearing, it is inferred that Respondent holds a correctional officer's certificate issued by the Commission. On October 28, 2004, Respondent and Misty Quarles were living together in Gainesville, Florida, as a couple. Ms. Quarles describes their relationship as boyfriend and girlfriend. Respondent determined to end the relationship, to include removing Ms. Quarles' name from the lease for the apartment. An argument ensued. Ms. Quarles left the bedroom and went to the bathroom and closed the door. Respondent opened it and started yelling at Ms. Quarles. Respondent was angry. Respondent pushed Ms. Quarles forcefully. She fell to the ground. When Respondent pushed her down, Ms. Quarles hit her head on the and door the impact left a knot on her head. She got up and pushed Respondent back. The argument continued. Respondent pushed Ms. Quarles again and she landed on the bed in the bedroom. Ms. Quarles then began to pack her belongings to leave. Respondent started gathering some of her clothing and other effects to throw in the dumpster outside the apartment. Ms. Quarles knocked those items out of Respondent's hands. Respondent began yelling again and punched Ms. Quarles on her leg while holding her down on the bed. In trying to stop Respondent from punching her, Ms. Quarles used her right hand to resist the Respondent. He pushed against a joint in her hand, causing a right thumb fracture at the base of the first metacarpal. After that, Ms. Quarles asked Respondent to take her for medical treatment. Respondent took Ms. Quarles to North Florida Regional Medical Center where she was observed to have the fracture, together with abrasions on her nose, under her left eye, and a contusion on her right forehead. Her right hand was also swollen. Ms. Quarles received a splint and was told to use ice and employ elevation and rest to deal with her fracture. She was provided pain medication and referred to an orthopedic physician. Petitioner's Exhibit numbered one is a composite exhibit containing a series of photographs depicting Ms. Quarles physical state after her encounter with the Respondent leading to her injuries. Respondent's actions against Ms. Quarles were against her will and intentionally caused bodily harm. Deputy Robert Wesley of the Alachua County Sheriff's Office came to the hospital to investigate. Based upon his investigation, he arrested Respondent for felony domestic battery involving the incident with Ms. Quarles. The disposition of that arrest was not explained at hearing. There is no indication that Respondent has had prior discipline imposed on his correctional officer's certificate.
Recommendation Based upon the consideration of the facts found and the conclusions of law reached, it is RECOMMENDED: That a final order be entered finding violations of the statutes and rules referred to and revoking Respondent's correctional officer's certificate. DONE AND ENTERED this 31st day of May, 2007, in Tallahassee, Leon County, Florida. S CHARLES C. ADAMS 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 31st day of May, 2007 COPIES FURNISHED: Joseph S. White, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Curtis Coleman, Jr. Michael Crews, Program Director Division of Criminal Justice Professionalism Services Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Rampage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
Findings Of Fact Respondent stipulated that petitioners are substantially affected by the proposed rule. The evidence showed that its provisions would apply to them. PFB Pseudofolliculitis barbae (PFB) is a chronic condition afflicting 45 to 50 percent of black men. PFB occurs when facial hair grows back into the skin. It is by no means a medical emergency, but complicating infections do occur. Once the beard hairs grow out a centimeter or more there is little or no likelihood that they will curl back and bury themselves in the facial skin. The accepted treatment is to let the beard grow. 1/ v EXISTING PRACTICE Until recently, prisoners with PFB were given prescriptions authorizing them to grow their beards no longer than one quarter inch. Dr. Julian Avilas, a physician at Union Correctional Institution, now routinely prescribes letting the beard grow at least 10 millimeters. David E. Watson, an assistant superintendent at Florida State Prison, testified that the practices in place at Union Correctional Institution were the same as would be required under the proposed rule. He originally testified that "closely trimmed" meant clean shaven. He was clean shaven at the hearing, and testified that to trim a beard closely was to sieve as closely as he had the morning of the hearing. Under skillful examination on redirect, however, he said that closely trimmed meant only as long as medically necessary. On December 1, 1983, Josh Green was given a prescription permitting him to grow his beard, but no longer than one quarter inch. He gets "bumps" whether he shaves with a razor or trims with clippers, which are preset to trim close enough to the skin to make the length of the beard less than one quarter inch. Generally speaking, the inmates do not have access to scissors. Two weeks before the hearing, he was required to shave cleanly, even though he showed the prescription to the guard who required this. Prisoners call these prescriptions "passes" and many keep them on their persons. Prison medical personnel gave Joseph Redman a prescription directing him to grow his beard no longer than one quarter inch, some time before December 19, 1983, the day a guard told him to trim his beard. He refused, believing his beard to be less than a quarter inch, and was sentenced to 30 days disciplinary confinement as a result. No measurements were ever taken. Herman L. Bentley's prescription also specifies that he is not to grow his beard longer than one quarter inch. Since the prescription was written on November 22,, 1983, however, guards have required him to shave cleanly seven or eight times, the prescription notwithstanding. Jerome Henry Carter was given a prescription for an indefinite period directing him to grow his beard, but no longer than a quarter inch, in December of 1983. Officer Smith nevertheless required him to shave in February of 1984, even though he was told of the prescription. Gary Reed has also had the experience of being required to shave "all the way" even though prison medical authorities had written a prescription directing him to let his beard grow, to a length less than one quarter inch. Joe Lewis Holland's prescription directed that he be allowed to grow his beard to a length of at least 10 millimeters. After the prescription was written in January of 1984, he and a guard had a disagreement about the length of his beard. HAIRCUTS Joe Lewis Holland also got into a dispute with a guard about whether his haircut was in good taste. He was wearing a neat, clean "moderate Afro" before the barber cut his hair close to the scalp, at the guard's direction. See Petitioner's Exhibit No. 1. The barber gave him one haircut, then another, then a third, before enough hair had been cut to suit the guard. Hennard Harris' hair was "tight, in a ball," off his neck and ears. When he declined a guard's request that he comb it out so the guard could see how long it was, the guard ordered that it all be cut off. RULE RATIONALE Mr. Watson explained the considerations behind forbidding full beards and requiring short haircuts. According to his uncontroverted testimony, uniformity of prisoners' appearance is a desideratum in and of itself. There are health and sanitation problems with longer hair. Many inmates are involved in food preparation. The prison issues toothpaste, but not shampoo. In a fight, long hair can be pulled more readily than short hair. Some inmates work in close proximity to machinery. Although some visitors to the prison have short hair and do not wear beards, it is easier, in general, to distinguish inmates from visitors if the former are all close shaven. (Prison uniforms also help in this regard.) Escapees would be able to alter their appearance more rapidly if they had long hair (by cutting it off) or a beard (by shaving) than if they were put to the trouble of acquiring a wig or a false beard. The policy of requiring prisoners to forego beards and keep their hair short is not uniformly observed in the United States. Nevada and Nebraska have different policies in their prisons. Both petitioners and respondent filed proposed findings of fact and conclusions of law which have been considered in preparation of the final order. To the extent findings of fact have not been adopted, they have been deemed unsupported by the weight of the evidence, immaterial, cumulative or subordinate.
