The Issue Whether the Respondent, Al Paruas (Respondent), as a member of the town council for the Town of Golden Beach, Florida, improperly used his influence, as a public officer, to have his wife’s parking ticket voided in violation of Section 112.313(6), Florida Statutes (2002).
Findings Of Fact At all times material to the allegations of this case, the Respondent was an elected member of the Town council. As such, the Respondent is subject to the mandates of the Code of Ethics for public officers and employees found in Chapter 112, Florida Statutes (2002). On February 10, 2000, at approximately 5:25 p.m. within the Town of Golden Beach, Florida, Dagmarra Paruas (the Respondent’s wife) illegally parked her motor vehicle in a handicapped zone at the public beach pavilion. Mrs. Paruas exited her vehicle for a short amount of time (to see about some tables at the pavilion) and when she returned to the car, Officer Santinello was at her vehicle preparing a citation. Had Mrs. Paruas been respectful, remorseful or apologetic at the time, Officer Santinello would have written only a citation warning as it is his policy to warn persons before writing a citation. Instead, Mrs. Paruas was disrespectful toward the officer. Based upon Mrs. Paruas’ parking violation and the disrespectful manner in which she exited the beach parking area, Officer Santinello decided he would let the citation stand. Factors contributing to the officer’s decision were: the aggressive backing out of the parking space causing Officer Santinello to move quickly out of Mrs. Paruas’ vehicle’s path; Mrs. Paruas’ demand to speak to Hernan (Hernan Cardeno, the Town’s police chief); and the way Mrs. Paruas threw the ticket back at him after he attempted to hand the citation to her. Mrs. Paruas is a member of the Town’s beach committee. At or near the time of the citation, Mrs. Paruas was checking on arrangements at the beach pavilion for the beach committee. She did not believe the citation was fair because she was at the pavilion for a short time and was there in her capacity as a Town beach committee member. After Mrs. Paruas advised the Respondent that she had received a citation for parking at the pavilion, the Respondent telephoned the Town’s chief of police. During the conversation with the chief (Hernan Cardeno) the Respondent stated he was unhappy with the way the police department was being run and was unhappy his wife had received a parking citation. Mr. Paruas did not understand why his wife had received the citation. At a subsequent meeting with the police chief at the police department, the Respondent asked when the Town started giving councilmen’s wives tickets. The Respondent again reminded the police chief that he was unhappy with the police department. At the time, the Respondent was serving as vice mayor for the Town. The Respondent was not persuaded by the information provided to him regarding the ticket. He continued to complain regarding the citation to the police chief and to Officer Santinello. At some point during the meeting at the police office, Officer Santinello was told it would be in his best interests to take back the citation. When Officer Santinello asked whether his job was being threatened, he advised the Respondent and the police chief that he would contact the police union. The Respondent told Officer Santinello to take back the ticket and apologize to his wife. A short while later (after the Respondent had left the police office), the police chief suggested to Officer Santinello that he should void Mrs. Paruas’ ticket. The next day, Officer Santinello voided the citation by preparing a County Court Cancellation Form for the ticket. Mrs. Paruas was not required to pay the citation or appear in court or have any adverse entry on her driving record. Officer Santinello voided the citation because he was afraid of losing his job. He did not want additional conflict over the matter. Officer Santinello did not want to get on the Respondent’s bad side, given his position in the Town. Officer Santinello would like the entire incident to be forgotten. Officer Santinello expressed regret over the incident as it has potentially damaged his employment future with the Town. Mrs. Paruas and the Respondent benefited from the cancellation of the citation. Had the Respondent not challenged Officer Santinello as he did, and had he not been a member of the Town council, the citation would not have been voided. Neither Mrs. Paruas or the Respondent took responsibility for the fact that she had, in fact, parked illegally at the beach pavilion. Mrs. Paruas is not entitled to park in a handicapped zone. Members of the Town council and their spouses are not entitled to park illegally as an extra benefit of their public roles within the Town.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Ethics Commission enter a Final Order and Public Report concluding that the Respondent, Al Paruas, violated Section 112.313(6), Florida Statutes (2002). The Respondent should be subject to a public reprimand and the imposition of a civil penalty not to exceed $10,000. S DONE AND ENTERED this 29th day of July, 2005, in Tallahassee, Leon County, Florida. ___________________________________ J. D. Parrish 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 29th day of July, 2005. COPIES FURNISHED: Kaye Starling, Agency Clerk Commission on Ethics 3600 Macclay Boulevard, South, Suite 201 Post Office Drawer 15709 Tallahassee, Florida 32317-5709 Philip C. Claypool, General Counsel Commission on Ethics 3600 Macclay Boulevard, South, Suite 201 Post Office Drawer 15709 Tallahassee, Florida 32314-5709 James H. Peterson, III, Esquire Office of the Attorney General The Capitol, Plaza Level 01 Tallahassee, Florida 32399-1050 James J. Birch, Esquire Law Office of Stuart R. Michelson 200 Southeast 13th Street Fort Lauderdale, Florida 33316
Findings Of Fact On or about July 7, 1981, Respondent, Douglas Earl Nalls, M.D. (Nalls), submitted an application for licensure by endorsement to the Petitioner, Board of Medicine (Board). As part of his application for licensure, Nalls was required to disclose to the Board any criminal conviction, any discipline imposed against his license to practice medicine, information related to military service, and other matters specified in the license application. Nalls answered in the negative to questions regarding any criminal convictions and any discipline by other Boards or entities, and Nalls did not reveal any military service. Nalls' Florida medical license was originally issued on or about December 14, 1981, by endorsement. Nalls' license to practice medicine in Florida became void and of no force and effect on or about October 28, 1985, because Nalls failed to demonstrate to the Board that he had continuously practiced medicine in Florida for a minimum of one year during the first three years after issuance of the license by endorsement as required by Section 458.313(3), Florida Statutes (1981). The Board was unaware of Nalls' military status at the time the license was deemed to be void and of no force and effect. On or about July 1, 1987, Nalls was found guilty by jury trial of two counts of child abuse and two counts of third degree sexual offense in the State of Maryland. The charges related to Nalls' thirteen year old stepdaughter for whom Nalls had the care, custody or responsibility for supervising. On or about August 27, 1987, Nalls was sentenced to three years incarceration, of which all but four months were suspended. On or about July 9, 1987, Nalls submitted an application for licensure to the District of Columbia's Board of Medicine. Nalls did not reveal his arrest or conviction to the District of Columbia's Board of Medicine. On or about September 7, 1989, Nalls' license to practice medicine in the District of Columbia was revoked. In early 1991, prior to February 1, 1991, Nalls contacted the Board to reinstate his license by endorsement. Nalls was required to submit minimal information to the Board related to his request for reinstatement. He presented documentation of his military service and discharge. He was not questioned concerning prior convictions or revocations of his medical license in another jurisdiction. On or about February 7, 1991, Nalls was notified that the Board approved his request for reinstatement. Nalls became eligible to practice medicine in Florida on or about May 28, 1991, when his request for reinstatement was completed. On or about April 1, 1991, Nalls was hired as a staff physician at the Workers' Compensation Medical Center located in Pompano Beach, Florida. On or about November 25, 1991, the Board received Nalls' licensure renewal for the license renewal period for January 1, 1992 through January 31, 1994. Nalls listed his business address as Workers' Compensation Medical Center, 150 South Andrews Avenue, Pompano Beach Florida 33069. Twelfth Avenue is also known as South Andrews Avenue. Nalls' last date of employment with the Workers' Compensation Medical Center was April 14, 1992. After April 14, 1992, the Board sent an inquiry to Nalls at the address listed for the Workers' Compensation Medical Center. The administrator at the Workers' Compensation Medical Center sent a handwritten note to the Board stating that Nalls no longer worked at Workers' Compensation Medical Center. On January 24, 1994, Nalls advised the Board that he wished to change his address since the time of his last renewal and listed his new primary place of practice as The Ideal Clinic, 155 N.W. 167th Street, Suite 202, North Miami Beach, Florida 33169.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered in regard to DOAH Case No. 93- 2704 finding Douglas Earl Nalls, M.D. guilty of violating Section 458.331(1)(b), Florida Statutes, dismissing the counts relating to violation of Sections 458.331(1)(x) and (ll), Florida Statutes, imposing a $5,000 fine, and revoking his license to practice medicine in the State of Florida. In regard to DOAH Case No. 94-1129, it is RECOMMENDED that a final order be entered, finding Douglas Earl Nalls, M.D. guilty of violating Section 458.331(1)(c), Florida Statutes, imposing a $5,000 fine and revoking his license to practice medicine in the State of Florida. DONE AND ENTERED this 3rd day of February, 1995, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND 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 3rd day of February, 1995.
The Issue Whether Respondent's teacher's certificate should be revoked pursuant to Section 231.28, F.S. A petition for the revocation of Respondent's teaching certificate was filed by the Vice-Chairman of the Petitioner on October 14, 1975. On October 28, 1975, Henry L. Kaye, Esquire, Hollywood, Florida, attorney for Respondent, filed an answer and other motions in behalf of Respondent. On December 16, 1975, the cause was noticed for hearing at North Palm Beach, Florida on January 14, 1976. The parties stipulated for an indefinite continuance on January 26, 1976. The matter was reset for hearing on November 19, 1976 and notice thereof was amended on September 27, 1976 for hearing to be held on November 18, 1976. On October 1, 1976, the Professional Practices Council relinquished jurisdiction over the cause and requested that a hearing officer from the Division of Administrative Hearings take cognizance of the matter. Accordingly, notice of hearing was furnished to counsel for both parties by the undersigned hearing officer on November 2, 1976, for a hearing to be held January 10, 1977 at West Palm Beach, Florida. On December 31, 1976, counsel for Respondent filed a motion to withdraw as attorney of record on the grounds that Respondent had not contacted him, had not complied with fee arrangements as agreed, and that he had been unable to contact the Respondent as shown on attached copies of letters addressed to the Respondent at various addresses. However, the aforesaid motion was not received by the hearing officer until a copy was presented to him by counsel for Petitioner on the date of hearing, January 10, 1977, at which time the motion was granted and the Petitioner was permitted to try the case as an uncontested proceeding, as authorized under Rule 28-5.25(5), Florida Administrative Code. (Composite Exhibit 1).
Findings Of Fact Respondent was employed by the Palm Beach County School System as a mathematics instructor at the Boca Raton Middle School in August, 1974. He presently holds Florida Teacher's Certificate Number 296746, Graduate, Rank III. (Petition, Testimony of Brake). The City of Boca Raton Police Department used plainclothes officers for a number of months in 1974-1975 to investigate the activities of suspected homosexuals who congregated in a wooded area near the beach in Boca Raton. During a period of about eight months, approximately 150 arrests had been made in the aforesaid area for various sexual and other crimes. Respondent had been observed on several occasions at the location in question and had been warned by police officers to leave the area because of the high incidence of crime there. During such encounters, Respondent had been variously observed perched in a tree wearing a "bikini" bathing suit and hiding in bushes. On May 19, 1975, a plainclothes police officer noticed the Respondent walking up a path in the area. The officer followed him and when they met, Respondent started conversing with the officer. He then moved his leg against that of the officer and stated "we have to be careful, there are lots of cops around. If you were a cop, you would arrest me for this" or words to that effect. The Respondent then grabbed the officer in the genital area at which time the latter produced his identification and arrested the Respondent for assault and battery. He was taken to the police station, warned of his rights, and in a voluntary statement admitted that he was a homosexual. He further stated that he had never molested any of the children at the school where he was employed as a teacher. (Testimony of Collins, Palmisino). On May 27, 1975, Respondent pleaded nolo contendere to a charge of assault and battery in violation of F.S. 784.O3 in case number 75-4876 in the municipal court, City of Boca Raton, Florida. He was found guilty of the offense and sentenced to pay a fine of $150.00 and ten days in jail. The period of confinement was suspended. (Exhibit 2). Respondent resigned from his employment with the Palm Beach County School System, effective June 29, 1976. During his period of employment he had been a good teacher and there had been no prior reports of misconduct. He had previously been employed at Florida Atlantic University during the period 1972- 72 and Nova University from 1972 to 1974. (Testimony of Brake).
Recommendation That the teaching certificate of Respondent Bruce Joseph Feichtner be revoked permanently under the authority contained in Section 231.28, Florida Statutes. DONE and ENTERED this 26th day of January, 1977, in Tallahassee, Florida. Thomas C. Oldham Hearing Officer Division of Administrative Hearings COPIES FURNISHED: Thomas W. Benton, Esquire Room 3, 319 W. Madison Street Tallahassee, Florida 32304 Michael E. Jackson, Esquire 3323 Belvedere Road, Room 109 West Palm Beach, Florida Mr. Bruce J. Feichtner 482 S. W. 9th Street Boca Raton, Florida Room 530, Carlton Building Tallahassee, Florida 32304 ================================================================= AGENCY FINAL ORDER ================================================================= BEFORE THE STATE BOARD OF EDUCATION OF FLORIDA IN RE: BRUCE JOSEPH FEICHTNER DOAH CASE NO. 76-1788 /
Findings Of Fact At all times material hereto, John L. Eifert (Respondent) was certified by the Criminal Justice Standards and Training Commission (Petitioner). Respondent was certified on July 17, 1981, being issued Certificate Number 74043. On or about June 14, 1984, Officer Goodwin of the Miami Beach Police Department (Miami Beach P.D.) was involved in an automobile accident. Officer Goodwin was off-duty at the time. The officers dispatched to the accident scene found, among other things, on the driver's side of Officer Goodwin's vehicle, evidence bags from the Miami Beach P.D. and a clear plastic bag. The evidence bags were clearly marked as Miami Beach P.D. evidence bags. The clear bag and one of the evidence bags contained a white substance that the officers suspected was cocaine. Officer Goodwin was arrested for driving under the influence of alcoholic beverages and/or narcotics. All the bags found in Officer Goodwin's vehicle at the accident scene were seized and placed into evidence. The white substance in the bags was subsequently tested. The tests revealed that the white substance was cocaine. The cocaine found in Officer Goodwin's vehicle was the same cocaine that he had seized in a narcotic's case. He had obtained the cocaine from the evidence room under false pretenses, indicating that he was going to testify in court and needed the cocaine for his testimony. There was no court hearing. Officer Goodwin obtained the cocaine for his own personal use; he intended to consume the cocaine himself. Officer Goodwin was Respondent's fellow officer with the Miami Beach P.D. and friend. They had gone through the police academy together in 1981, and they were motorcycle officers together. Prior to the accident, at approximately 9:30 a.m. on June 14, 1984, Officer Goodwin had visited Respondent at Respondent's off-duty job. Respondent was moonlighting as a security guard at a bank. Officer Goodwin had been ingesting cocaine prior to the visit, had not slept in approximately 24 hours, and was paranoid. Officer Goodwin wanted to use Respondent's residence to consume more cocaine. Because of his paranoid behavior and because he was a friend, Respondent agreed for Officer Goodwin to go to his residence and convinced Officer Goodwin to wait for him there. When Officer Goodwin arrived at Respondent's residence, he continued to ingest cocaine. Also, he placed some of the cocaine in individual plastic bags. Officer Goodwin hid the cocaine filled plastic bags in Respondent's residence. When Respondent came to his residence at approximately 4:45 p.m. that same day, he found Officer Goodwin more paranoid than before. Officer Goodwin refused to remain at Respondent's residence and left shortly before 5:00 p.m. Before leaving, Respondent agreed for Officer Goodwin to leave the cocaine filled plastic bags in his residence. Officer Goodwin informed Respondent where he had hid the bags. Respondent located the cocaine filled bags. Without getting any sleep, Respondent continued with his social activities planned for the remainder of the evening. At approximately 10:00 p.m., Respondent went to his second moonlighting job. On June 15, 1984, around 3:30 a.m., Officer Goodwin called Respondent at his second moonlighting job. Officer Goodwin informed Respondent that he had been arrested and requested that Respondent dispose of the cocaine and told him where to leave it. Unbeknownst to Respondent, Officer Goodwin was calling from police headquarters and was attempting to return the remaining cocaine to the Miami Beach P.D. Instead of following Officer Goodwin's instructions, Respondent went home around 3:50 a.m. and disposed of the cocaine by dumping it into the bay behind his residence. Respondent believed that he was helping Officer Goodwin, a friend. Subsequently, around 6:00 a.m., Respondent received another telephone call from Officer Goodwin. Respondent informed him what he had done with the cocaine. Officer Goodwin was upset about what Respondent had done. Goodwin admitted at hearing that, due to the quantity of cocaine that he had ingested, beginning June 13, 1984, and continuing into June 14, 1984, he had very little independent recollection of what happened that day. His information, as to what happened that day, is mostly from reading his statements that he had made regarding the incident, police reports, and transcripts of depositions. Further, Goodwin also admits that his recall prior to going to Respondent's residence is fair. Officer Goodwin entered into a plea agreement regarding the accident and the cocaine. The plea agreement provided, among other things, that he give testimony, regarding the incident, forever in whatever the forum may be and that he relinquish his certification from Petitioner. Presently, Goodwin is in charge of a drug treatment center for Metro- Dade County. He has been in this position for five years. In June 1984, Respondent resigned from the Miami Beach P.D. Consistent with the policy of the Miami Beach P.D. at that time, no investigation was instituted against Respondent by Internal Affairs of the Metro-Dade Police Department due to his resignation. Respondent does not deny that he permitted Goodwin to take the cocaine to his residence, that he permitted Goodwin to leave some of the cocaine at his residence, and that Goodwin left some of the cocaine at his residence. Furthermore, Respondent does not deny that the cocaine remained at his residence after Goodwin left and that he disposed of the cocaine by dumping it into the bay. At the time of his resignation, Respondent and the Miami Beach P.D. agreed that, whenever inquiries were made regarding Respondent, the Miami Beach P.D. would make neither negative nor positive comments about Respondent. The intent of this agreement was to allow Respondent to keep his record clean. However, the reverse occurred. He was effectively prevented from getting jobs in law enforcement. Subsequently, Respondent and the Miami Beach P.D. agreed to full disclosure regarding Respondent and the cocaine incident. In 1987, Respondent began to obtain employment in law enforcement. From September 1987 to January 1989, Respondent was employed as a police officer with the Indian Creek Village Police Department. From February 1989 to May 1989, he was employed as a police officer with the Florida City Police Department. Respondent resigned from both positions. In January 1990, Respondent was rehired by the Florida City Police Department (Florida City P.D.). At the time of hearing, he was still employed with the Florida City P.D. Respondent's personnel file reflects that, during his tenure as a police officer, Respondent has had one reprimand. The reprimand occurred after his resignation from the Miami Beach P.D. However, Respondent's personnel file also reflects that, during his tenure as a police officer, Respondent has had numerous commendations and letters commending his performance. He has been subjected to pressure and dangerous encounters and has performed in an exemplary manner. At hearing, several individuals, law enforcement and non-law enforcement, supported Respondent either through testimony or letters. Respondent's former pastor and the Mayor of the City of Florida City testified in support of him. Both regarded Respondent as having high moral character. Moreover, the Mayor's position was that the incident in June 1984 would have no effect on his opinion of Respondent. Additionally, the former Police Chief of the City of Miami Beach at the time of the incident in June 1984 did not find it odd or unusual for Respondent to still be in law enforcement. To him, Respondent had made a mistake, paid for the mistake, and had turned his life around. By letter, Respondent's immediate supervisor of five years with the Florida City P.D. supported him. Also, a special agent with the Florida East Coast Railway Police, who has known Respondent both personally and professionally for approximately nine years, supported Respondent. Petitioner filed the administrative complaint against Respondent on August 9, 1993. Respondent has no prior disciplinary action against him by Petitioner.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Criminal Justice Standards and Training Commission enter a final order Reprimanding Respondent; and Placing Respondent on probation for one (1) year under terms and conditions that the Commission deems appropriate. DONE AND ENTERED in this 2nd day of January, 1997 in Tallahassee, Leon County, Florida. ERROL H. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of January, 1997. COPIES FURNISHED: Richard D. Courtemanche, Jr. Assistant General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Braverman, Esquire Braverman and Grossman, P.A. 2780 Douglas Road, Suite 300 Miami, Florida 33133-2749 A. Leon Lowry, II, Director Division of Criminal Justice Standards and Training Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
Findings Of Fact On November 9, 1972, the State of Florida, acting through Petitioner, certified Respondent as a law enforcement officer. Certificate number 6350 was duly issued to Respondent by Petitioner. On September 10, 1984, the following occurred in Delray Beach, Florida: At approximately 12:30 a.m., Respondent was found asleep in his automobile by two Delray Beach police officers, Sergeant Stephen Barborini and Detective Thomas Tustin. Respondent was alone in the automobile. Respondent's automobile was parked in a public parking lot in the 1100 block of North Federal Highway in Delray Beach with its engine running and its headlights on. Respondent was awakened by the police officers and questioned while in the parked automobile after the engine had been turned off by Officer Barborini. Respondent was very intoxicated. Upon being questioned, Respondent produced a police badge case, without a police badge, and identified himself as a Metro-Dade Police Officer. The Delray Beach police officers advised Respondent that he was in no condition to drive and offered to either give him a ride home or to arrange other transportation for him. Respondent then got out of the car. As a result of his intoxication, Respondent was unable to maintain his balance, his eyes were bloodshot, and his speech was slurred. At times Respondent was incoherent. Respondent began to behave in an erratic manner. He shouted and yelled obscenities at the officers, he cried, and he pleaded on his knees for the officers to leave him alone. Respondent became angry with Detective Tustin while Detective Tustin was trying to calm him down. Respondent placed his hands on the person of Detective Tustin and pushed him back a couple of steps. Respondent was arrested by Officer Barborini for disorderly intoxication and taken into custody. Upon arrival at the police station, Respondent again began to shout obscenities and pushed another officer, Officer Giovani. Respondent met with the officers about two months later and apologized for his actions. Officer Barborini asked the State Attorney's Office not to prosecute because Respondent was a police officer and because Officer Barborini had been told that Respondent was seeking help for his drinking problem. The State Attorney's Office granted Officer Barborini's request. Respondent was not charged with battery because Officer Barborini and Detective Tustin thought Respondent was too intoxicated to intentionally batter Detective Tustin. On August 28, 1985, Respondent was found guilty by the Dade County Court of the charge of battery on the person of Jose Lleo. The battery occurred on February 22, 1985, while Respondent was on duty. Although Respondent was not intoxicated at the time, he had consumed alcohol before reporting to work. Following his conviction, the Court withheld adjudication of guilt and also withheld sentence. On April 3, 1986, the following occurred in Deerfield Beach, Florida: At approximately 3:35 a.m., Respondent was found asleep in his automobile by Officer John Szpindor and Officer Dale Davis of the Deerfield Beach Police Department. Respondent was alone in the automobile. Respondent's automobile was parked on the grassy shoulder of the road in the 2700 block of Southwest 10th Street with its engine running and its headlights on. The officers were able to awaken Respondent after several minutes of shaking him and talking to him. Respondent, upon being awakened, was belligerent and uncooperative. He used profanity towards the officers, calling them names and telling the officers they had no right to bother him. Respondent got out of the automobile after being instructed to do so. Respondent was very intoxicated. As a result of his intoxication, Respondent was groggy and unable to maintain his balance. His eyes were bloodshot and his speech was slurred. Respondent's pants were wet in the crotch area. The officers identified Respondent by examining a wallet, with Respondent's permission, which was lying on the seat of the car. The wallet contained an empty badge case. From examining the wallet, the officers obtained sufficient information to enable the dispatcher to contact Shirley Daniels, who was married to Respondent at that time. Mrs. Daniels was asked to come to the scene. While waiting for Mrs. Daniels to arrive on the scene, Respondent became more belligerent. His shouting grew louder and more confrontational. Despite the officers' attempts to calm him down, Respondent took off his jacket, threw it on the ground, and assumed a defensive stance as if he wanted to fight the officers. The shouting disturbed the residents of a nearby residential area. Respondent confronted Officer Davis, who had Respondent's wallet, told Officer Davis that he had no business with the wallet, and he struck Officer Davis in the chest and chin areas. The blow to the chin was a glancing blow as opposed to being a hard blow. Officer Davis was not injured. Officer Davis and Officer Szpindor immediately thereafter physically overpowered Respondent, placed him under arrest for disorderly intoxication and battery, and took him into custody. When Shirley Daniels arrived on the scene, she told the officers that she would be unable to manage Respondent at home in his intoxicated condition. Respondent was then taken to jail by the officers. There was no evidence as to the disposition of the charges of disorderly intoxication and battery. Respondent is an alcoholic and was an alcoholic at the times of the incidents described above. Prior to those incidents, Respondent had sought treatment and thought that he had successfully completed the program. Between the incident in Delray Beach and the incident in Deerfield Beach, Respondent attended Alcoholics Anonymous. Respondent continued to drink, to the extent that he suffered blackouts, because he did not immerse himself in the Alcoholics Anonymous program. During the periods Respondent maintained control of his drinking, he exhibited the qualities required of a enforcement officer. Whenever the alcoholism gained control, as was the case in the 1984 incident in Delray Beach and the 1986 incident in Deerfield Beach, Respondent lost control of himself and of his actions. As of the date of the final hearing, Respondent had abstained from alcohol for two and one-half years. For the past two and one-half years Respondent has been seriously, and successfully, involved in Alcoholics Anonymous. Respondent is a recovering alcoholic who has good moral character as long as he has control of his alcoholism. Respondent currently operates his own business as a private investigator.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that Petitioner, Florida Department of Law Enforcement, Criminal Justice Standards Training Commission, enter a final order which finds that Respondent failed to maintained good moral character, which places Respondent's certification on a probationary status for a period of two years and which contains as a condition of probation that Respondent abstain from the use of alcohol. DONE AND ENTERED this 18th day of August, 1989, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 18th day of August, 1989. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 89-0714 The proposed findings of fact submitted on behalf of Petitioner are addressed as follows: 1. Addressed in paragraph 1. 2-3. Addressed in paragraph 2(a). Addressed in paragraph 2(c). Addressed in paragraph 2(d). Addressed in paragraph 2(e). Addressed in paragraph 2(g). Addressed in paragraph 2(h). 9-10. Addressed in paragraph 2(i). Addressed in paragraph 3. Addressed in paragraph 12. 13-14. Addressed in paragraph 6(a). 15-16. Addressed in paragraph 6(b). Rejected as being unnecessary to the results reached. Addressed in paragraph 6(c). Addressed in paragraph 6(e). 20-22. Addressed in paragraph 6(f). Addressed in paragraph 6(g). Addressed in paragraph 6(h). The proposed findings of fact submitted on behalf of Respondent are addressed as follows: 1. Addressed in paragraph 1. 2-5. Addressed in paragraphs 2(a), (b), and (c). Addressed in paragraphs 2(f) and (g). Addressed in paragraphs 2(h) and (i). Rejected as being recitation of testimony and as being subordinate to the findings reached. Addressed in paragraph 4. 10-12. Rejected as being recitation of testimony and as being subordinate to the findings reached. 13. Addressed in paragraph 3. 14-16. Addressed in paragraph 6(a). Addressed in paragraph 6(b). Addressed in paragraph 6(e). Rejected as being recitation of testimony and as being subordinate to the findings reached. Addressed in paragraphs 6(g) and (h). 21-24. Rejected as being recitation of testimony and as being subordinate to the findings reached. 25. Addressed in paragraph 5. 26-27. Rejected as being recitation of testimony, as being unnecessary to the result reached and, in part, as being subordinate to the findings reached in paragraphs 9 and 10. 28-31. Rejected as beings recitation of testimony as being unnecessary to the result reached, and, in part, as being subordinate to the findings reached in paragraphs 7, 9, and 10. 32-36. Rejected as being recitation of testimony as being unnecessary to the result reached, and, in part, as being subordinate to the findings reached in paragraphs 8, 9, and 10. 37-38. Rejected as being unnecessary to the results reached. 40-41. Rejected as being recitation of testimony , as being unnecessary to the result reached, and, in part, as being subordinate to the findings reached in paragraphs 8, 9, and 10. 42-45. Rejected as being recitation of testimony, as being unnecessary to the results reached, and, in part, as being subordinate to the findings reached in paragraph 8. 46-49. Rejected as being recitation of testimony, as being unnecessary to the results reached, and, in part, as being subordinate to the findings reached in paragraph 8. 50. Addressed in paragraphs 1 and paragraph 11. 51-54. Rejected as being unnecessary to the results reached Addressed in paragraph 7. Addressed in paragraph 5. Rejected as being irrelevant. The purported statement of Mr. Kastrenatis is rejected as being hearsay. Addressed in paragraph 9. Rejected as being unnecessary to the results reached. COPIES FURNISHED: Joseph S. White, Esquire Assistant General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 James C. Casey, Esquire 10680 N.W. 25th Street Suite 100 Miami, Florida 33172 Jeffrey Long, Director Department of Law Enforcement Criminal Justice Standards Training Commission Post Office Box 1489 Tallahassee, Florida 32302 James T. Moore, Commissioner Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Rodney Gaddy, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
The Issue Whether Respondent, a certified law enforcement officer, committed the violations alleged in the Second Amended Administrative Complaint dated February 21, 1991, as further amended by order issued March 11, 1992, and, if so, what disciplinary action should be taken.
Findings Of Fact Petitioner is the agency of the State of Florida that is responsible for the certification of law enforcement officers. The Respondent was certified by the Criminal Justice Standards and Training Commission on February 27, 1981, and was issued certificate number 02-27492. VERBAL THREATS TO OFFICER LINDQUIST ON JANUARY 15, 1986 In January 1986, Officer Barry Lindquist was working as a shift Lieutenant with the Pompano Beach Police Department (PBPD). Respondent was one of the police officers assigned to Officer Lindquist's shift. At the time he gave his deposition in this proceeding, Officer Stanley Tipton was the Chief of Police for Pompano Beach. In January 1986, Officer Tipton was a sergeant with the PBPD. On January 15, 1986, Respondent called in sick and did not report to work. Officer Lindquist asked Officer Tipton to go over to Respondent's house to check on his welfare. Officer Tipton called the Respondent's house before leaving the police station for the house and spoke to a man (someone other than Respondent) and then to a woman. He advised that he was coming to check on Respondent. Officer Tipton arrived at Respondent's house at approximately 7:45 p.m. Officer Tipton was greeted at the door by a young man who asked him to come in. He stepped inside the doorway and asked for the Respondent. The young man proceeded to the rear of the house, and the Respondent subsequently appeared in the hallway. Respondent had on a pair of pants, but no shirt, and he started walking toward Officer Tipton. Officer Tipton observed a firearm sticking out of Respondent's waistband and, because he had become apprehensive, stepped backwards. Respondent recognized Officer Tipton and said "It's a good thing it was you Tipton, 'cause if it was Lindquist, I would have shot him." After Respondent got closer to Officer Tipton, he repeated his threat two additional times and continued to express his anger toward Officer Lindquist. Officer Tipton was of the opinion that Respondent was serious about the threats he had made against Officer Lindquist and that he was angry that Officer Lindquist had sent Officer Tipton to check on him. Officer Tipton observed that Respondent's eyes were bloodshot, his speech was slurred, and his balance impaired. Officer Tipton was of the opinion that Respondent had been drinking. Officer Tipton talked to Respondent, saying that the Respondent would not do what he had threatened, and kept his eye on Respondent's gun. Respondent calmed down and allowed Officer Tipton take the gun from him. Officer Tipton then placed the gun on a table in the hallway. After Respondent calmed down, Officer Tipton and Respondent shook hands and Officer Tipton left the house. As Officer Tipton was leaving, Respondent offered to let him take the gun with him, an offer that Officer Tipton declined. Officer Tipton told Respondent that he was not going to take the gun because Respondent was in his own house and because Officer Tipton did not believe Respondent was going to leave the house and do anything. Officer Tipton left the gun with Respondent. After Officer Tipton left Respondent's house, the Respondent called the Pompano Beach Police Department and spoke to Barbara Johnson, who is a police department telecommunicator. Respondent asked to speak to Officer Lindquist. Ms. Johnson could tell from Respondent's voice that he was very upset, and during the course of his conversation with Ms. Johnson, Respondent threatened to shoot Officer Lindquist. Ms. Johnson kept talking to Respondent and was able to calm him down. Ms. Johnson immediately thereafter called Officer Lindquist and told him what had happened and that Respondent wanted Officer Lindquist to call him. Officer Lindquist called Respondent, who was still upset and angry. Respondent told Officer Lindquist by telephone that "it was a good thing that you hadn't come over to my house because if you had, I probably would have shot you." Officer Lindquist continued to talk to Respondent and calmed him down. As a result of this incident, Respondent was investigated by PBPD internal affairs and given a thirty day suspension from work. INVESTIGATION OF THREE CAR ACCIDENT ON MAY 19, 1987 On May 19, 1987, Respondent responded to Atlantic Boulevard in Pompano Beach to investigate a traffic accident involving three cars. This incident occurred when car #2 rear-ended car #1 and car #3 thereafter rear-ended car #2. Katherine Danner was the driver of car #3. Respondent arrived at the scene and assumed that Ms. Danner had first rear-ended car #2 (driven by a Mr. Flowers) which had caused car #2 to rear-end car #1. Respondent's assumed that the accident was entirely Ms. Danner's fault without conducting a proper investigation. Respondent told Ms. Danner that the other drivers would probably blame her for the entire accident. Mr. Flowers thereafter told Respondent that he had rear-ended car #1 before Ms. Danner became involved in the accident. Respondent then told Mr. Flowers that he was going to give him a ticket if he stuck to that story. Ms. Danner felt that Respondent was giving Mr. Flowers the opportunity to avoid a ticket by changing his story, and filed a complaint against Respondent with the Pompano Beach Police Department. Following an investigation, it was determined that Respondent had improperly handled the investigation and had exhibited a poor attitude. Respondent received a letter of reprimand reflecting those findings. There were no findings and no allegations that Respondent had falsified his police report or that he had solicited a false statement. The evidence failed to establish that Respondent solicited a false statement from Mr. Flowers or that he made a false statement in his police report. ASSAULT ON FORT LAUDERDALE POLICE OFFICERS ON AUGUST 21, 1987 At the time pertinent to this proceeding, Joel Maney, Lee Spector, Russell H. Hanstein, Leon O. Walton, Edward N. Good and Captain Robinson, were police officers employed by the City of Fort Lauderdale Police Department. On August 21, 1987, Officer Maney was on regular patrol in the City of Fort Lauderdale on the midnight shift. He was patrolling the area of Northwest 6th Street and Northwest 9th Avenue, Fort Lauderdale. At approximately 2:45 a.m., Officer Maney observed a dark blue, four door car (which he later learned was Respondent's personal vehicle) traveling at a high rate of speed west on Northwest 6th Street. Officer Maney, who was driving a marked patrol car, got behind Respondent's car as quickly as he could and got close enough to read the license plate. Officer Maney observed a Fraternal Order of Police emblem on the license plate, but he could not read the entire tag. Officer Maney suspected that the car might have been stolen, and he tried to run the license number. While Officer Maney was still following Respondent's car, Officer Spector, who was also driving a marked patrol car, pulled up behind Officer Maney and followed both vehicles. While both officers followed the blue car, it ran two stop signs. Officer Maney decided to stop the car and put on his blue lights and siren. Respondent was the operator and sole occupant of his car. Respondent pulled over within two blocks after Officer Maney put on his blue lights. After he stopped, Officer Maney got out of his car and approached the driver's side of Respondent's vehicle. Officer Spector got out of his car and approached the passenger's side of Respondent's vehicle. Respondent was wearing his uniform pants and a white T-shirt. Officer Maney asked Respondent for his driver's license and registration. Respondent responded in an agitated voice, saying "I don't have my fucking license." Officer Maney noticed that the Respondent had a gun stuck in his waistband, and ordered him several times to put both hands on the steering wheel. Respondent was not cooperating with Officer Maney or Officer Spector and in a very agitated voice used profanity against the officers. Officer Maney was of the opinion that Respondent was not acting abusive towards him, but that he was acting in an unprofessional manner. Respondent eventually gave the gun to the officers and stepped out of the vehicle as instructed. Even after Respondent exited his car, he was uncooperative with the officers and refused to let them do a pat-down search. At this point, Officer Maney called for backup officers, and Officers Hanstein, Good, Captain Robinson, and other officers came to the scene. Respondent was still in an agitated state when the backup officers arrived, and was making comments to no one in particular in a loud voice. Respondent stated that he was a Pompano Beach Police Officer and that he had been trained by Joe Hess and Ed White, two well-known martial arts experts who trained officers at the Broward County Police Academy. Respondent said that he weighed 240 pounds and that he was a "mean mother fucker." He said that he would hurt some people before he went to jail. Respondent looked directly at Officer Hanstein, pointed his index finger at him, and said, "I'm going to kick your ass." Respondent then looked at Officer Spector, pointed his finger directly at him, and said, "Then, I'm going to kick your ass." Respondent was between eight and ten feet away from these officers at the time he made these statements, and there were several other officers in the general area. He was unrestrained at the time he made these statement, and he used a serious, angry tone of voice. Respondent had the apparent ability to carry out his threats, and he caused the officers to be concerned for their safety. At this point, Respondent was arrested and charged with two counts of assault on a law enforcement officer. Both charges were misdemeanors. Respondent subsequently entered a plea of no contest to the two charges. At no time during the course of the incident did Respondent attempt to swing at or kick at any of the Fort Lauderdale Police Officers. Respondent did not offer any resistance after he was placed under arrest. At the time of this incident, Officer Hanstein, Officer Spector, and the other Fort Lauderdale officers were in uniform with marked patrol units. Following his arrest, Respondent's employment with the Pompano Beach Police Department was terminated. His employment was subsequently restored. ALCOHOLIC REHABILITATION On the night he threatened Officer Lindquist and on the night of his arrest by the Fort Lauderdale Police Officers, Respondent had been drinking. Respondent is an alcoholic and was drinking to excess, which contributed to his misconduct. Respondent admitted to himself that he was an alcoholic after he was fired following his arrest. He subsequently admitted his problem to his family, to the City Manager of Pompano Beach, and to his police supervisors, and he asked for help. On New Years' Eve, December 31, 1987, Respondent voluntarily checked himself into a five day inpatient program for alcohol detoxification. After successfully completing that program, Respondent joined an outreach program and became active in AA. Respondent successfully completed a course of treatment and therapy with the Broward County Alcohol and Drug Abuse Services on August 8, 1988. With the exception of one relapse, Respondent has not had a drink in two years. Respondent appealed the termination of his employment to the Pompano Beach Civil Service Board, which determined that his misconduct was alcohol related and ordered his reinstatement pursuant to a "One Last Chance Agreement". This arrangement returned Respondent to work on a special one year probationary period. Under the terms of the agreement, Respondent's employment would be terminated without recourse if he violated any PBPD policy or procedure and if the violation was alcohol related. Respondent successfully completed that probationary period and has been reinstated to all rights and privileges of any other PBPD officer. For the last three and one half years, Respondent has worked as a police officer assigned to the city jail. He incurred a three day suspension when he did not report to work following the death of his godson, but his work record has otherwise been acceptable. His supervisor views him as an outstanding employee and his colleagues respect him and consider him to be a dependable, efficient police officer.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered which adopts the findings of fact and the conclusions of law contained herein and which reprimands Respondent for his failure to maintain good moral character as found herein. DONE AND ORDERED this 5th day of January, 1993, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of January, 1993. APPENDIX TO THE RECOMMENDED ORDER IN CASE NO. 91-1398 The proposed findings of fact submitted on behalf of the Petitioner are adopted in material part by the recommended order with the exception of the proposed finding in the second sentence of paragraph 45, which are rejected as being contrary to the findings made. The following rulings are made on the proposed findings of fact submitted on behalf of the Respondent. The proposed findings of fact in paragraphs 1-24, 28, 29, 30, 33, 34, 35, 36, 37, 38, and 39 are adopted in material part by the Recommended Order. The proposed findings of fact in paragraph 25 are rejected as being unsubstantiated by the evidence. While it is apparent that excessive drinking contributed to Respondent's problems, the proposed findings are an overstatement. The proposed findings of fact in paragraphs 26 and 27 are rejected as being unnecessary to the conclusions reached. The proposed findings of fact in paragraphs 31 and 32 are adopted in part by the Recommended Order, and are rejected in part as being subordinate to the findings made. The proposed findings of fact in paragraphs 40-46 are rejected as being subordinate to the findings made. The proposed findings of fact in paragraph 47 are rejected as being unnecessary to the conclusions reached. COPIES FURNISHED: Dawn Pompey Whitehurst, Esquire Assistant General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 William E. Platlow, Esquire Panza, Maurer, Maynard, Platlow & Neel, P.A. 3801 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Jeffrey Long, Director Criminal Justice Standards Training Commission Post Office Box 1489 Tallahassee, Florida 32302 James T. Moore, Commissioner Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
