The Issue The issue presented is whether Pinellas County Sheriff’s Office (PCSO or Petitioner) properly terminated Christopher Hamilton (Respondent) from his employment as a deputy sheriff for engaging in conduct prohibited in Chapter 89-404, Laws of Florida (the Civil Service Act), and Petitioner's General Order Section 3-1.3, Rule and Regulations 3.4(d) and 5.21, and General Order Section 3-1.4, Rule and Regulation 2.17.
Findings Of Fact Petitioner is responsible for providing law enforcement and corrections in Pinellas County, Florida. At all times pertinent to these cases, Petitioner employed Respondent as a deputy sheriff. Respondent does not dispute that his conduct violated Petitioner’s rules and regulations. Respondent alleges that the penalty of termination is excessive, inconsistent with the progressive discipline policy, and, therefore, disparate. General Order 3-1.3, Rule and Regulation 3.4(d), relates to “Performance of Duty.” The cited provisions require that “All members will be efficient and effective in their assigned duties, performing them in a competent, proficient and capable manner.” For convenience, the cited provisions are referred to as Rule 3.4(d). The evidence shows that from March 2004 through August 8, 2008, Respondent demonstrated a pattern and practice of violating Rule 3.4(d). The individual violations are undisputed, and it is undisputed that the violations arose from Respondent’s inability to complete required reports, to do so in a timely manner, and to be punctual in attendance. It is also undisputed that the violations arose from events in Respondent’s personal life, which included a divorce and custody battle that precipitated a financial crisis for Respondent and the death of Respondent’s father. Finally, Respondent acknowledged during cross-examination that Petitioner attempted to “work with” Respondent during his personal crises. Petitioner first disciplined Respondent for violating Rule 3.4(d) in March 2004. In January 2005, Petitioner issued a formal reprimand for a second violation. Petitioner issued a second formal reprimand for the third violation in February 2005. In May 2007, Petitioner issued a third formal reprimand for a fourth violation of Rule 3.4(d). On December 6, 2007, Petitioner issued a written reprimand to Respondent for a fifth violation of Rule 3.4(d). On April 10, 2008, Petitioner found Respondent to be a Chronic Offender, as defined hereinafter, and suspended Respondent for seven days for violation of Rule 3.4(d). In June of 2008, Respondent again violated Rule 3.4(d) by failing to complete and submit reports within the required timeframe. Respondent violated Rule 3.4(d) on May 27, 2008, and again on June 24, 2008. Petitioner notified Respondent that he was required to attend a Vehicle Crash Review Board (VCRB) on May 27, 2008. However, Respondent failed to attend the VCRB. Petitioner re-scheduled the VCRB for June 24, 2008, and notified Respondent that he was required to attend that VCRB. Respondent failed to attend the VCRB on June 24, 2008. General Order 3-1.4, Rule and Regulation 2.17, relates to “Timeliness.” The cited provisions state that “Members shall not be late to work without valid reason or authorization,” The cited provisions are referred to for convenience as Rule 2.17. Respondent violated Rule 2.17 by being late to work on February 28 and March 8, 2008. Petitioner disciplined Respondent for both offenses in a single written reprimand. Respondent violated Rule 2.17 by being late to work again sometime between June 18 and July 2, 2008. On or about August 8, 2008, Respondent reported to work approximately 30 minutes late in violation of Rule 2.17, and this proceeding began. On September 11, 2008, Petitioner conducted an Administrative Review Board (ARB) meeting at which Respondent testified. The ARB concluded that Respondent had violated Rules 3.4(d) and 2.17 and found Respondent to be a Chronic Offender of both rules. General Order 3-1.1, Rule and Regulation 5.21 (Rule 5.21), defines “Chronic Offender” as a member of the PCSO who violates the same rule or regulation three or more times within an 18-month period. Respondent is a Chronic Offender of Rules 3.4(d) and 2.17. Respondent violated each rule three or more times within an 18-month period. The progressive discipline policy treats Chronic Offender violations as a more severe “Level Five” violation. Petitioner has issued written guidelines that are followed during the disciplinary process and are contained within General Order 10-2. The goal of General Order 10-2 is to standardize the disciplinary process and make the process fair and consistent in application. Consistency is important to ensure fairness for the member being disciplined and for maintaining accountability throughout the agency. General Order 10-2 sets forth a procedure for assigning points for sustained violations based on their severity level. The points range from Level Five to Level One. Level Five violations result in the most serious discipline. The total of points to be assigned in these cases is determined by considering Respondent’s prior disciplinary record. Additional points are assigned for disciplinary violations within the recent past. Total disciplinary points are comprised of points for the current offense, plus carryover points for recent discipline against Respondent. The range of discipline that is appropriate in these cases is based upon the total number of disciplinary points accumulated. The highest or most severe discipline applies because Respondent accumulated more than 100 discipline points. Respondent’s point total in Case No. 08-4823 is 108.3 points. Authorized discipline ranges from a 15-day suspension to termination of employment. Respondent’s point total in Case No. 08-4824 is 116 points. Authorized discipline ranges from a 15-day suspension to termination of employment. Termination of employment is reasonable in this proceeding. Termination of employment does not impose disparate discipline on Respondent. From 2005 through the date of the final hearing, nine members of the PCSO have been disciplined within the same discipline range as Respondent. Petitioner terminated the employment of seven of those nine members of the PCSO. Four of Respondent’s exhibits are excerpts of the case files of other PCSO members charged with violating Rule 5.21 as was Respondent. In each case, the alleged violation of the Level Five Chronic Offender rule was based upon repeated violations of Level Three rules. Respondent’s Exhibits 2 and 3 each show a member who violated the Level 3 rule, pertaining to abuse of sick leave a sufficient number of times to be considered a Chronic Offender in violation of Rule 5.21. In both cases, it was the member’s first Chronic Offender violation. Authorized discipline ranged from a suspension to termination of employment. In each case, the member received the minimum length of suspension, which is the minimum discipline in General Order 10-2. This is comparable to and consistent with the seven-day suspension Petitioner imposed against Respondent for his first violation of the Chronic Offender rule. The remaining proposed comparator introduced as Respondent’s Exhibit 1 relates to an agency member disciplined for being a Chronic Offender based on repeated violations of Rule 3.4(d). This was the member’s first violation as a Chronic Offender in Rule 5.21. Like Respondent’s seven-day suspension for his first offense as a Chronic Offender, the member in Respondent’s Exhibit 1 received a suspension corresponding to the bottom of the disciplinary range under the disciplinary policy. Prior to Respondent, no other agency member had been found to have violated the Chronic Offender rule a second time. However, Petitioner’s Exhibit 5 shows that subsequent to Respondent’s discipline, the member referenced by Respondent’s Exhibit 2 was disciplined for violating Rule 5.21 a second time. In similar fashion to Respondent, this member was disciplined as a Chronic Offender for the second time with respect to accumulated violations of the same Level Three rule as the first time he was found to be a Chronic Offender. Like Respondent, this member received the minimum suspension for the first violation of Rule 5.21 and was terminated for the second.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner issue a final order terminating the employment of Respondent. DONE AND ENTERED this 23rd day of February, 2009, in Tallahassee, Leon County, Florida. S DANIEL MANRY 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 23rd day of February, 2009. COPIES FURNISHED: Kenneth J. Afienko, Esquire Kenneth J. Afienko, P.A. 560 First Avenue, North St. Petersburg, Florida 33701 Sherwood S. Coleman, Esquire Pinellas County Sheriff’s Office Post Office Drawer 2500 Largo, Florida 33779-2500 James L. Bennett, County Attorney Office of County Attorney 315 Court Street Clearwater, Florida 33756
The Issue Whether Respondent committed the violations alleged in the Amended Administrative Complaint issued against her and, if so, what penalty should be imposed.
Findings Of Fact Based on the evidence adduced at hearing, the following findings of fact are made: Respondent is now, and has been since March 26, 2007, certified as a correctional officer in the State of Florida. She holds Correctional Certificate Number 264941. At all times material to the instant case, Respondent was employed by the Florida Department of Corrections (Department) as a correctional officer and assigned to the Everglades Correctional Institution (ECI). Tony Pesante is now, and was at all times material to the instant case, employed by the Department as a law enforcement inspector and assigned to ECI. Brian White is now, and was at all times material to the instant case, employed by the Department as a canine inspector and assigned to the Department's Office of the Inspector General. On August 8, 2007, his canine partner was Ziggy, a certified narcotics detection dog. On or about August 6, 2007, Inspector Pesante received a tip from an inmate that Respondent was going to be bringing narcotics to ECI on August 8, 2007. Inspector Pesante observed Respondent when she parked her car in the ECI staff parking lot on August 8, 2007, and exited the vehicle. The parking lot is located on the grounds of ECI. Inspector White and Ziggy were summoned to the parking lot. Ziggy alerted to the presence of narcotics in Respondent's vehicle. Inspectors Pesante and White then searched the vehicle (after they had Respondent unlock it). In the vehicle, they found a small amount of cannabis, a partially full bottle of Absolut Vodka,2 and various letters and other written materials, including correspondence from inmates. Following the search of the vehicle, Inspector Pesante instructed Respondent to "wait in the lobby [of the facility] while [he] was getting ready to interview her." Instead of waiting in the lobby, Respondent got into her vehicle and drove off. Her employment was subsequently terminated, and she never returned to the facility.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Criminal Justice Standards and Training Commission issue a Final Order finding Respondent guilty of "fail[ing] to maintain good moral character" and revoking her certification based on this finding. DONE AND ENTERED this 28th day of July, 2008, in Tallahassee, Leon County, Florida. S STUART M. LERNER 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 28th day of July, 2008.
The Issue Whether petitioner should take disciplinary action against respondent for the reasons alleged in the administrative complaint?
Findings Of Fact Respondent Aubrey Minor was certified by the Criminal Justice Standards and Training Commission on April 24, 1986, the day the Commission issued respondent a certificate, No. 23-86-002-01. In the late summer of 1988, Aubrey Minor worked as a correctional officer in the Escambia County Jail. On September 1, 1988, McArthur Young, an inmate, was so slow leaving the visiting area that respondent locked him in and left, in order to avoid further delaying escorting other inmates to their cells. When he returned to retrieve the recalcitrant inmate, and while he was escorting him down the corridor that runs by the control room, he repeatedly asked him his name. Exasperated at the inmate's failure to tell him, respondent Minor grabbed McArthur Young's arm in order to read the name written on the wrist band he wore. When Mr. Young pulled his arm away, Mr. Minor grew still angrier, and swung with full force, hitting McArthur Young in the jaw with the jail keys. Although only two six-inch brass keys were on the stainless steel ring when respondent hit the inmate, each weighed a pound, according to uncontroverted testimony. Shouting by both men had attracted the attention of other Escambia County Jail personnel. Correctional officer Michael D. Miles saw respondent swing while the inmate's arms hung at his sides. Reacting threateningly to the blow, McArthur Young stepped toward respondent Minor. By this time, Corporal Frank Mayo, who had reached the spot where the men stood, stepped between them. While another officer took respondent in hand, Corporal Mayo led the inmate to the infirmary, where the nurse gave him an ice pack. His jaw was red and slightly swollen but the tooth he claimed was loose did not seem loose to the nurse. In the ensuing internal investigation, respondent lied to his superiors, although he conceded that "he got a little bit out of control." T.37. After the investigators concluded that his use of force had not been justified, Escambia County terminated respondent's employment. Jail policy forbids the use of force, even in response to a verbal threat.
Recommendation It is, accordingly, RECOMMENDED: That petitioner revoke respondent's certificate. DONE and ENTERED this 1st day of June, 1990, in Tallahassee, Florida. COPIES FURNISHED: Abrey Minor 901 West Massachussetts Lot #17 Pensacola, FL 32505 Joseph S. White, Esquire Department of Law Enforcement Tallahassee, FL 32302 Jeffrey Long, Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, FL 32302 James T. Moore, Commissioner Department of Law Enforcement Post Office Box 1489 Tallahassee, FL 32302 ROBERT T. BENTON, II 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 1st day of June, 1990.
The Issue The issue is whether Respondent has failed to maintain the qualifications for certification as a correctional officer, and if so, what penalty should be imposed.
Findings Of Fact Petitioner certified Respondent as a correctional officer on August 31, 1994. She was issued correctional certificate number 145457. At all times material to this proceeding, Respondent was employed as a corrections officer at the Union Correctional Institution (UCI). She worked the 4:00 p.m.-12:00 midnight shift. R. E. Jernigan, Correctional Officer Inspector at UCI, received an anonymous telephone call on January 6, 1995. The caller stated that Respondent would be attempting to bring drugs into the institution on that date. As a result of this information, Inspector Jernigan arranged for a search of the correctional officers beginning the 4:00 p.m.-12:00 midnight shift. This included a search of the Respondent and her belongings. Correctional Officer Dana L. Alverez assisted in the search. Respondent gave her jacket to Officer Alverez to search. In the upper left pocket of the jacket, Officer Alverez discovered three fingertips cut from a rubber glove, containing what appeared to be marijuana. Officer Alverez removed the substance from the jacket and turned it over to Lieutenant D.L. Nichols. Lieutenant Nichols retained the substance until he turned it over to Inspector Jernigan. Inspector Jernigan notified the Union County Sheriff's Office about the results of the search. Lieutenant Gary Seay of that office responded to the institution. Lieutenant Seay took possession of the substance and placed Respondent under arrest. Lieutenant Seay packaged and sealed the substance in an evidence envelope. He mailed the package via certified mail to the Florida Department of Law Enforcement laboratory in Jacksonville for analysis. Crime Laboratory Analyst Niels H. Bernstein, tested the substance submitted by Lieutenant Seay in this case. Mr. Bernstein examined the package in which the substance was enclosed. He determined that the package was properly sealed. Mr. Bernstein then opened the package and tested the substance according to industry approved methods. He determined that the submitted substance was cannabis, 0.6 grams. UCI terminated Respondent's employment. Respondent entered into and successfully completed a Pre-Trial Intervention Program in regards to the criminal charges filed against her. Upon completion of the program, the criminal charges were dismissed. Respondent's testimony that she did not know her jacket contained cannabis is not credible.
Recommendation Based upon the findings of fact and conclusions of law, it is, RECOMMENDED: That Petitioner enter a Final Order revoking Petitioner's certification as a correctional officer. DONE AND ENTERED this 31st day of December, 1997, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD 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 Filed with the Clerk of the Division of Administrative Hearings this 31st day of December, 1997. COPIES FURNISHED: Paul D. Johnston, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Linda L. Paige-James Post Office Box 614 Macclenny, Florida 32063 A. Leon Lowry, II, Director Division of Criminal Justice Standards and Training Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
