Findings Of Fact Background In June 1988, respondent, Florida Department of Law Enforcement, Criminal Justice standards and Training Commission (Commission), acting on a tip from the local media that intervenor, Metropolitan Dade County, Department of Corrections and Rehabilitation (County), had in its employ a number of corrections officers who were not certified, undertook a review of the County's employment records. Following a comparison of the County's records and those of the Commission, the Commission identified 363 individuals, including the petitioner, who were employed by the County as correctional officers but who had not been certified by the Commission. On August 10-11, 1988, Commission personnel visited the County's personnel office, and audited the personnel file of each of the 363 individuals in question. The audit demonstrated that the files were disorganized, lacking documentation required by Rule 11B-27.002, Florida Administrative Code, to apply for certification, and that the County had failed to apply for certification on behalf of the 363 officers.2/ Over the course of their two-day visit, the Commission's personnel set up an "assembly line" and, together with the County's staff, attempted to complete the documentation on each file. Variously, registration forms and affidavits of compliance were prepared, and birth certificates, fingerprint cards and other missing documentation was assembled. On August 12, 1988, the Commission's personnel returned to Tallahassee with the subject registration forms and affidavits of compliance. Over the course of time, these applications were processed and the vast majority of the individuals were certified; however, the Commission declined, for reasons hereinafter discussed, to certify petitioner. The pending application Petitioner, Lydia Diaz (Diaz), has been employed by the County as a correctional officer since February 26, 1988, without benefit of certification. On August 10, 1988, as a consequence of the aforementioned audit, the County, as the employing agency, applied for certification on behalf of Diaz.3/ Accompanying the application (registration) was an affidavit of compliance, dated February 26, 1988, signed by Fred Crawford, Director of Metropolitan Dade County, Department of Corrections and Rehabilitation, which comported with existing law and which certified that such employing agency had collected, verified, and was maintaining on file evidence that Diaz had met the provisions of Section 943.13(1)-(8), and Section 943.131, Florida Statutes, or any rules adopted pursuant thereto. Among the provision of section 943.13 is the requirement that the applicant be of good moral character. By letter dated November 7, 1988, the Commission notified Diaz and the County that her application for certification as a correctional officer was denied for lack of good moral character because: You unlawfully and knowingly obtained or used or endeavored to obtain or to use clothing, the property of Burdines with the intent to either temporarily or permanently deprive the owner of a right to the property or a benefit there from or to appropriate the property to your own use or to the use of any person not entitled thereto. You have unlawfully and knowingly possessed and introduced into your body cannabis. Following receipt of the Commission's letter of denial, Diaz filed a timely request for a formal hearing pursuant to Section 120.57(1), Florida Statutes. In her request for hearing, Diaz denied that she failed to possess the requisite good moral character necessary for certification. Good moral character Pursuant to Rule 11B-27.0011, Florida Administrative Code, the County, as the employing agency, is responsible for conducting a thorough background investigation to determine the moral character of an applicant. Consistent with such mandate, the County routinely uses previous employment data, law enforcement records, credit agency records, inquiries of the applicant's neighbors and associates, and a pre-employment interview, at which a polygraph examination is administered, to assess an applicant's moral character. In assessing an applicant's character, the County is bound by the provisions of Rule 11B-27.0011(2), Florida Administrative Code, which provides: The unlawful use of any of the controlled substances enumerated in Rule 11B-27.00225 by an applicant for certification, employment, or appointment at any time proximate to such application for certification, employment, or appointment conclusively establishes that the applicant is not of good moral character as required by Section 943.13(7). The unlawful use of any of the controlled substances enumerated in Rule 11B-27.00225 by an applicant at any time remote from and not proximate to such application may or may not conclusively establish that the applicant is not of good moral character, as required by Section 943.13(7), depending upon the type of controlled substance used, the frequency of use, and the age of the applicant at the time of use. Nothing herein is intended, however, to restrict the construction of Section 943.13(7), only to such controlled substance use. The substances enumerated in rule 11B-27.00225 are amphetamines, barbiturates, cannabis (marijuana), opiates, cocaine, phencyclidine, benzodiazepines, and methaqualone. Pertinent to this case, Diaz filed an application with the County for employment as a correctional officer on October 8, 1987. Her application disclosed that she had used marijuana, the last time being in July 1987, and that she had been arrested for petit theft in 1979, but had not committed the offense. Regarding her use of marijuana, the proof demonstrates that Diaz did use marijuana on one occasion in July 1987. At the time, Diaz had been out to dinner with some girl friends, after which they stopped by an acquaintance's home to socialize. Upon arrival, someone was smoking marijuana and asked her to have some. Diaz initially refused, but upon the insistence of the group took a puff and passed it on to someone else. Other than this limited contact with marijuana, Diaz has only used the substance twice in her life, and that occurred at home, during the course of one evening, with her first husband in 1975. At that time, Diaz smoked marijuana, at her first husband's request, while they watched television that evening. But for this limited use, Diaz has not otherwise used marijuana or any other controlled substance. Regarding her arrest in March 1979 for petit theft, the proof demonstrates that such charges were dismissed and that Diaz did not commit the offense. Under the provisions of rule 11B-27.0011(2), the use of a controlled substance does not conclusively establish that an applicant lacks the good moral character necessary for certification unless such use was "proximate" to her application. The Commission has not defined the term "proximate," and offered no proof at hearing as to what it considers "proximate" usage within the meaning of rule 11B-27.0011(2). Variously, the law enforcement agencies of the state have been left with no definitive guideline from the Commission, and have adopted various standards. Pertinent to this case, Dade County has adopted a term of one year as the standard by which it gauges the "proximate" use of a controlled substance to an application for employment. Under such policy, an applicant who has refrained from such use for at least one year preceding application will not be automatically rejected as lacking good moral character. Rather, the applicant's entire background will be evaluated to determine whether she currently possesses the requisite moral character for employment. Here, Diaz, born November 2, 1955, used marijuana in July 1987, only 7 months before her employment by the County as a correctional officer. Such use was, by the County's own interpretation of the rules, proximate to her employment and should have resulted in the rejection of her application. Fred Crawford, then Director of Metropolitan Dade County, Department of Corrections and Rehabilitation, made, however, an exception in Diaz' case, since her mother was an employee of long standing with his office, and employed her on the condition that she refrain from the use of any controlled substance and that she excel in her performance. Diaz has satisfied both conditions. Following her employment in February 1988, Diaz was graduated first in a class of 40 correctional officers from the academy. She was certified by the Commission on June 17, 1988, for completion of the 675-hour basic correctional officer course, and on October 13, 1988, for the 40-hour advanced report writing and review course. To date, Diaz has been employed by the County as a correctional officer, a position of trust and confidence, for over one year. Her evaluations have been above satisfactory, and her periodic drug screenings have all met with negative results. By those who know of her, she is considered an excellent employee, observant of the rules, honest, fair and respectful of the rights of others. Apart from her exceptional performance as a correctional officer, Diaz has other traits that reflect well on her moral character. Currently she is remarried and the mother of three children. By those who know of her, she maintains a good home and is an excellent parent. In addition to her other responsibilities, she attends night school at Miami-Dade Community College, where she has made the Dean's list for having achieved all "A's" the last two terms. Diaz is also current on all her obligations, and enjoys a good credit reputation in the community. While Diaz' use of marijuana in July 1977 was proximate to her employment by the County, and should have resulted in the rejection of her application, this proceeding is a de novo hearing on her application for certification, and her qualifications are, therefore, evaluated as of the date of hearing. Here, her use of marijuana two times, the last time being almost 2 years ago, is not proximate or frequent within the meaning of rule 11B- 27.0011(2), or persuasive evidence of bad moral character.4/ Rather, Diaz has demonstrated, on balance, that she possesses the requisite good moral character for certification.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of petitioner, Lydia Diaz, for certification as a correctional officer be approved. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 26th day of June 1989. WILLIAM J. KENDRICK 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 26th day of June 1989.
The Issue The issue presented is whether or not Respondent is guilty of misconduct as alleged in the Administrative Complaint dated March 27, 1989, and, if so, what penalty should be imposed.
Findings Of Fact On October 14, 1968, Respondent, was certified by the Criminal Justice Standards and Training Commission, was issued Certificate Number GF-101468 and is currently certified by the Criminal Justice Standards and Training Commission as a law enforcement officer. On Friday, March 11, 1988, Respondent reported to work at the Metro- Dade Police Department, although ill and exhausted. Respondent had been suffering from an acute bronchial and strep throat-type condition prior to and including March 11, 1988 and had taken medication to combat the illness. Respondent left work early on March 11, 1988 with approval of his supervisor and, although feeling conjested, stopped by Sears department store on his way home to inspect a miniature freezer for his wife's vending business. He purchased the freezer on his Sears credit card which he had with him. Respondent, who was dressed in plain clothes, was carrying a shiny, leather, black briefcase with no handle which weighed a considerable amount and was cumbersome. The briefcase contained his weapon, handcuffs, bullets and miscellaneous paperwork. Respondent, after purchasing the freezer, did some browsing, as is his custom, looking for gadgets. The security personnel for Sears noticed Respondent and began monitoring his activities. At some point Respondent picked up a screwdriver item. Respondent placed the screwdriver under his arm, between the briefcase and his body, to free his hand in order to look at other items. He went to an available check out counter and paid cash for the screwdriver. He returned to the merchandise area to look over some retractable clothesline which had caught his attention for use in his townhouse. He selected the item but was having a difficult time handling his briefcase and the slippery, plastic carded clothesline. He remembered that he needed some T- shirts to wear under his uniform. Again, to free a hand to look at the T- shirts, he placed the clothesline in the bag which contained the screwdriver with the intent of paying for the clothesline at the time he purchased the T- shirts. Respondent left the hardware area of the store in search of the T- shirts when he began to feel nauseous. Fearing that he would vomit in the store, he decided to step outside. In his distraught condition, Respondent stepped outside the store without paying for the clothesline. While Respondent was attempting to compose himself and almost immediately after he walked out of the store, he was approached by Fred Ponce of Sears security. Mr. Ponce identified himself to Respondent and searched Respondent's bag of purchases which contained the clothesline. Respondent then realized he had, unwittingly, not paid for the item and remarked concerning the mistake. The item in question had a retail value of $7.99, at the time of the incident, and Respondent had the cash and credit with him in an amount sufficient to cover the purchase. Respondent was observed to be nervous, sweating and not looking well. Respondent was asked by Mr. Ponce to accompany him back to the security office inside the store, which Respondent did without incident. Once inside the security office Respondent identified himself as a police officer, requested water and asked to speak to the store manager, Mr. Stephens. After speaking to the store manager, Respondent notified the Metro Dade Police Department about the incident. Prior to leaving, Respondent was presented with a form, incident report for him to sign. The form language contained the following statement, "I had no intention of paying for this article." Respondent did not read the form carefully since he was under the impression, from what he was told by Sears' security personnel, that the form was merely an administrative report which he was required to acknowledge before he left. Feeling ill, distressed about the event and anxious to return to his work to speak with his supervisors, Respondent signed the form. Respondent then returned to the Metro-Dade Police Department to personally discuss the incident with his superiors. Respondent is a 21 year veteran of the Metro-Dade Police Department. At the time of the incident, he was assigned to the warehouse section of the Property and Evidence Bureau and was responsible for the accountability of millions of dollars of confiscated property including cash, drugs and jewelry. In the 3 years Respondent was so assigned, all inventory audits, which were done on a quarterly basis checked out. Respondent has a reputation in the community for honesty and integrity.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Criminal Justice Training Commission issue a Final Order dismissing the charges alleged in the Administrative Complaint entered in this case. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 15th day of February 1990. JANE C. HAYMAN 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 15th day of February, 1990.
Findings Of Fact Based upon the oral and documentary evidence adduced at the final hearing and the entire record in proceeding, I make the following findings of fact: The Respondent was certified by the Criminal Justice Standards and Training Commission as a correctional officer on March 11, 1983 and issued Certificate Number 502-3844. The Respondent was a correctional officer with the Palm Beach County Sheriff's Office beginning in January 1983. On August 27, 1986, the Respondent resided with Ms. Burton (who has subsequently married Respondent and is now known as Elaine Burton Edwards) and two of her children. One of her children, Karl McInis ("Karl") was twenty three months old at the time and he was in the process of being toilet trained. On August 27, 1986, the Respondent discovered that Karl had "messed" on the floor and/or in his pants. The Respondent felt that the child's actions were deliberate and that the child needed to be disciplined. Therefore, Respondent struck the child fives times with a leather belt. There is a dispute as to the type and size of the belt used. While Petitioner contends that Respondent used his heavy Sheriff's Deputy belt, the greater weight of the evidence indicates that Respondent used a typical men's trousers belt. As a result of the discipline described in paragraph 5 above, Karl suffered bruises on his buttocks and legs. Subsequent to the incident, the child was removed from the home by HRS. He currently resides out of state with his grandparents. Criminal charges were brought against Respondent after HRS reported the incident to the police. However, after Respondent successfully completed a counseling program as part of a pre-trial intervention program, the charges were nolle prossed on November 10, 1988. As a result of his arrest, Respondent was suspended from his job at the Palm Beach County Sheriff's Department pending the outcome of the criminal case. Respondent has not been reinstated. After completing the counseling program, Respondent altered his methods of disciplining his children. On most occasions, Respondent has refrained from using corporal punishment and instead attempts to apply the assertive discipline procedures he learned in the counseling program. However, Respondent admits that on a few occasions when he felt the children did not respond to the assertive discipline techniques, he has resorted to corporal punishment. On March 2, 1989, Respondent disciplined one of his children, Julius Edwards, by striking him five times on the palms of the hands with a belt. At the time of the incident described in paragraph 10, Julius was five years old. Julius and at least one other sibling from Respondent's previous marriage were living with Respondent and Ms. Burton. Respondent punished Julius because he felt the child was deliberately engaging in a pattern of obstinate conduct in an attempt to be returned to the custody of his natural mother. That conduct included eating excessive amounts of food after being instructed not to. During the punishment, Julius struggled and at least one of the blows landed on his arms. As a result of the punishment, Julius had bruises on his arms which measured approximately four inches long and one inch wide. As a result of the corporal punishment administered by Respondent to Julius, Respondent was arrested and ultimately adjudicated guilty of a misdemeanor for violating Section 827.04, Florida Statutes (child abuse) on March 29, 1989 in the Circuit Court of the Fifteenth Judicial Circuit, Palm Beach County, in case no. 89-5869MMA08. As a result of this conviction, Respondent was required to undergo additional counseling. While the bruises suffered by the children in the two incidents described above are significant cause for concern, neither of the children required medical attention. At the time of both of the incidents in question, none of the other children evidenced bruises, they all appeared well-fed and there was no other evidence of any neglect. Indeed, the evidence reflects that the Respondent is a dedicated and caring father. He is extremely concerned about the many negative influences that affect children in our society. As a result, he believes it is important for him to discipline the children in an attempt to ensure that they choose the right path in life. Respondent contends that he was raised with a similar type of discipline and finds it difficult to understand the commotion caused by his attempts to discipline his children in the manner in which he was raised. While his motives are good, he has used very poor judgment in certain situations and imposed excessive punishment given the age of the children and the nature of their behavior. Respondent has aspired to be a law enforcement officer since his high school days. He has spent hundreds of hours as a volunteer for various school projects and programs involving children. He has strived hard to be a good role model and an active member of his community. However, he needs to temper his concerns and enthusiasm with more sensitivity to the rights of others. There is no indication of any deficiencies or problems in Respondent's job performance. Indeed, the only evidence introduced regarding his performance as a law enforcement officer indicated that he was dedicated, concerned and responsible.
Recommendation Based upon the foregoing Findings of Fact, Conclusions of Law, evidence of record, the candor and demeanor of the witnesses and seriousness of the offense as it relates to the public trust placed in a correctional officer who guards those incarcerated by society, it is therefore, RECOMMENDED that the Petitioner, Criminal Justice Standards and Training Commission, enter a Final Order placing Respondent Glenn S. Edwards' correctional officer certification on probation for a period of two years and requiring him to complete an appropriate counseling program for parents while refraining from any further violations of Section 943.13(1)-(10). DONE AND ENTERED this 10th day of April 1990, in Tallahassee, Florida. J. STEPHEN MENTON 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 10th day of April 1990.
The Issue The issues in this case are whether Respondent violated Sections 943.13(7) and 943.1395(6) and (7), Florida Statutes (1995), 1/ and Florida Administrative Code Rules 11B- 27.0011(4)(a) and (b), 2/ by failing to maintain good moral character; and, if so, what, if any, penalty should be imposed.
Findings Of Fact Petitioner is the governmental agency responsible for certifying and regulating law enforcement officers in the state. Respondent is certified as a law enforcement officer pursuant to certificate number 93245 and Auxiliary Law Enforcement certificate number 93246. In 1995, Respondent was employed by the Cocoa Police Department, Cocoa, Florida. On February 8, 1995, Respondent entered the residence of Ms. Rashwanda Pace Anderson ("Ms. Pace"), his former girlfriend, on two separate occasions. Respondent had no authority to enter the premises on either occasion. On the second occasion, Respondent committed battery against Ms. Pace. The battery caused physical injury that resulted in swelling around one eye but did not require medical attention. Prior to February 1995, Respondent was involved in a romantic relationship with Ms. Pace. However, the relationship had recently ended. After the relationship ended, Respondent harassed Ms. Pace. On one occasion, he was forced from the Walmart where Ms. Pace worked, and Ms. Pace had to be escorted to her vehicle. On February 8, 1995, Mr. Reginald Devoe visited Ms. Pace at her mother's home in Rockledge, Florida, where Ms. Pace resided. The telephone rang. Ms. Pace answered the phone and recognized Respondent's voice. She said, "I don't want you no more. Stop calling the house. I have company." She then terminated the conversation. The telephone rang again. Ms. Pace answered the phone, said, "No," and hung up the receiver. Shortly afterward, Ms. Pace heard the sound of an automobile horn outside. She looked out the window and saw Respondent. Respondent came to the door. Ms. Pace was afraid. She did not answer the door. She ran into her bedroom and locked the bedroom door. Mr. Devoe went into the bathroom. Respondent entered the residence without authority and went into the bathroom with Mr. Devoe. Respondent told Mr. Devoe that Respondent was Ms. Pace's boyfriend. Respondent then went to the bedroom door behind which Ms. Pace was hiding. Respondent hit the door and told Ms. Pace to come out. Ms. Pace did not come out of the bedroom. After a short discussion with Mr. Devoe, Respondent left the house. Mr. Devoe also left shortly thereafter. Respondent drove his car to an adjoining street and parked his car so that it could not be seen by Ms. Pace. He knew that Ms. Pace would not let Respondent into her residence. Respondent approached Ms. Pace's residence across the backyard of another house. He entered Ms. Pace's residence through the back door. Ms. Pace was getting ready for work. She heard someone come through the back door. She looked around the corner and saw Respondent. Respondent and Ms. Pace went to the front room of the house. An altercation ensued. Respondent grabbed Ms. Pace and shoved her. The telephone rang. Respondent answered the phone. The caller was Mrs. Marjorie Pace, Ms. Pace's mother. Mrs. Pace heard her daughter screaming and asked to speak to her. Respondent hung up the receiver. Mrs. Pace called back. Ms. Pace answered the telephone and said, "He's in here beating me up. He's beating me up." Respondent then telephoned the Rockledge City Police. He stated that he and his girlfriend had been involved in an altercation and requested that an officer be dispatched. Ms. Pace ran out the front door of the house and met Officers Klayman and Pirson. She had swelling around one eye but did not require medical treatment. Respondent had no visible injuries.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order finding Respondent not guilty of violating Sections 943.13(7) and 943.1395(6), not guilty of violating Rule 11B-27.0011(4)(a), guilty of violating Section 943.1395(7), guilty of violating Rule 11B-27.0011(4)(b), and suspending Respondent's certificate for a period consistent with the terms of this Recommended Order. RECOMMENDED this 6th day of October, 1997, in Tallahassee, Leon County, Florida. DANIEL MANRY 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 6th day of October, 1997.
The Issue The issues in this case are whether Respondent violated Sections 943.1395(6) and (7), Florida Statutes (1995), 1/ and Florida Administrative Code Rules 11B-27.0011(4)(a) and (b), 2/ by failing to maintain the qualifications established in Sections 943.13(4) or (7); and, if so, what, if any, penalty should be imposed.
Findings Of Fact Petitioner is the state agency responsible for certifying and regulating law enforcement officers. Respondent is certified as a law enforcement officer pursuant to Correctional Certificate 92776 and is employed as a correctional officer by the Florida Department of Corrections. Respondent married Ms. Minnie Williams on May 6, 1988, in Lake City, Florida. They had one child, Blake, in 1990. They separated in September, 1993, and were divorced in November, 1994. The court awarded custody of the child to Respondent. In 1988, Respondent was in the Navy, stationed aboard the USS Saratoga, and based in Virginia. After Respondent and Ms. Williams were married, Respondent returned to Virginia. Ms. Williams remained in Lake City for several months before moving to Virginia to live with Respondent. Approximately one year after the marriage, problems developed in the marriage. Ms. Williams did not assist in the daily needs of the household, was unable to stay in school, and was not able to keep a job. Respondent's efforts to solve the marital problems were unsuccessful. His attempts at counseling failed to improve communications between the couple. In late 1989, Respondent informed Ms. Williams that the marriage was not going to work. He told Ms. Williams that he thought they should divorce. Ms. Williams returned to her mother's home in Lake City. Respondent's ship was transferred to Mayport, Florida in 1990. Ms. Williams did not want a divorce and did not want to separate from Respondent. Sometime in 1990, Respondent left the Navy and obtained employment with the Department of Corrections. Between 1990 and 1993, the couple maintained the marriage in an effort to provide a home for their child. Whenever Respondent attempted to discuss divorce, it resulted in a heated argument. Ms. Williams frequently threatened to "ruin" Respondent. The Wrench On March 9, 1993, Respondent counseled a co-worker who was distraught over her husband's affair. Respondent learned that the woman with whom the husband was having an affair was Respondent's wife. Respondent went home to pack his clothes and leave home. An argument ensued regarding Ms. William's infidelity. Respondent packed some of his personal belongings and left home. At approximately 11:00 p.m. on the same day, Respondent returned home for more of his personal belongings. Respondent was still very angry. Respondent and Ms. Williams became involved in another argument. During the argument, Respondent continued to pack his things. He retrieved a large wrench from his closet. Respondent was walking down the hallway leading from the bedroom to the front door. Respondent had the wrench in one hand and other personal belongings in the other hand. Respondent told Ms. Williams that this time he was leaving for good. It was approximately 12:10 a.m. on March 10. Ms. Williams told Respondent that she would get him fired and get custody of their child. Respondent turned abruptly around to face Ms. Williams. Ms. Williams was startled and frightened. She ran into the bedroom from the hallway where she scraped her leg on a jagged corner of the bed, fell, and struck her right hand on the open sliding glass door of the bedroom. Respondent never struck Ms. Williams in any way, with his hands, the wrench, or otherwise. The injuries to Ms. Williams were minor. Respondent left. Ms. Williams spent the night in her car. The next day she reported the incident to the Columbia County Sheriff's Office (the "Sheriff"). Ms. Williams reported to the investigating officer that Respondent beat her with his hands and a wrench for about 15 minutes. The injuries observed by the investigating officer were not consistent with such a beating. The injuries to Ms. Williams were consistent with a trip and fall. Ms. Williams had a three inch cut on her left leg at approximately the height of the corner of the bed. She also had a bruise on her right hand and some swelling. Ms. Williams did not seek medical treatment for her injuries. On March 16, 1993, the state attorney charged Respondent with misdemeanor battery. On April 5, 1993, Respondent entered into a Misdemeanor Intervention Agreement scheduled for six months. The agreement was terminated early on September 3, 1993. Respondent established a separate residence. Respondent had no further relations with Ms. Williams except those necessary for the care of their child. The Lip Respondent resided with his girlfriend and shared her car. Ms. Williams used Respondent's truck to commute to work. On March 27, 1994, Respondent went to Ms. Williams house to pick up clothes and diapers for his son. Ms. Williams routinely failed to deliver those items when she dropped off their child to Respondent. Ms. Williams was not home, and Respondent waited for her. When Ms. Williams arrived in Respondent's truck, the truck was driven by Ms. Williams' boyfriend. Respondent was angered that Ms. Williams' boyfriend was driving Respondent's truck. Ms. Williams and her boyfriend attempted to turn the truck around and leave. Respondent ran behind the truck so that the vehicle could not be turned around. Ms. Williams and her boyfriend were angry that Respondent blocked their exit. Ms. Williams and her boyfriend got out of the truck. The boyfriend and Respondent engaged in a physical altercation. During the altercation, Ms. Williams attacked Respondent. She hit and kicked him and jumped on his back. Either Respondent or the boyfriend inadvertently struck Ms. Williams in her lip. She went to the Lake City Medical Center for medical treatment. At the Medical Center, Ms. Williams reported the incident to the Sheriff. Her injuries were minor. On April 6, 1994, the state attorney charged Respondent with misdemeanor battery. He entered a plea of nolo contendere. The court withheld adjudication and placed Respondent on supervised probation for one year. On May 27, 1994, the supervised probation was converted to unsupervised probation with the provision that Respondent was not to contact Ms. Williams. The Window On April 4, 1994, Ms. Williams drove to Respondent's house to pick up their child. Respondent's girlfriend and mother were inside the house with him. Respondent went outside the house to the car. Ms. Williams got out of the car. She became belligerent and verbally abusive toward Respondent. Respondent told Ms. Williams to leave. Ms. Williams backed away from Respondent, struck the car window with her posterior, and the window broke. Ms. Williams became angrier. She threatened to have Respondent "messed up." Ms. Williams left with her child and went to her aunt's house. She telephoned the Sheriff and filed a complaint. On April 25, 1994, the state attorney charged Respondent with criminal mischief. Respondent determined that the criminal charges would be dropped if he paid for the window. Respondent gave Ms. Williams a money order for $159. On May 25, 1994, the state attorney filed a nolle prosequi declining to prosecute Respondent. In November, 1994, Respondent obtained custody of the only child of the marriage with Ms. Williams. Respondent has retained custody of the child. The Knife On February 1, 1995, Ms. Williams went to Respondent's house to deliver some clothes for their son. They went into the kitchen. Ms. Williams asked about reconciliation. Respondent stated that he wanted nothing to do with Ms. Williams. She became angry. She told him that she was going to "fix him." Respondent told Ms. Williams to leave, and she did. On February 2, 1995, Ms. Williams telephoned the Sheriff. She claimed Respondent had threatened her with a knife and beaten her for 15 to 30 minutes when she was at his home the previous day. Respondent did not batter Ms. Williams. He did not threaten her with a dangerous weapon. The investigating officer observed no injuries on Ms. Williams. She did not seek medical treatment for the alleged injuries even though she knew she was pregnant at the time with her boyfriend's child. A neighbor observed Ms. Williams leaving Respondent's home on February 1, 1995. She had no observable injuries and was gesturing to Respondent as she left. The state attorney charged Respondent with two misdemeanors, battery and exhibiting a dangerous weapon. The court found respondent not guilty of the latter offense but guilty of the former. The court sentenced Respondent to one year of unsupervised probation with the special condition that there be no contact with Ms. Williams. The Handgun On February 10, 1995, Respondent and Ms. Williams were driving in separate cars near the Gateway Plaza. Ms. Williams filed a complaint with the Sheriff's Office. She alleged that Respondent drove beside her and pointed a handgun at her. The state attorney charged Respondent with improper exhibition of a dangerous weapon. On October 3, 1995, the court found Respondent not guilty of the offense. Respondent did not exhibit a dangerous weapon. Paternity In 1995, Ms. Williams became pregnant with the child of her boyfriend. Ms. Williams charged Respondent with paternity. Paternity tests proved that Respondent was not the father of the child. Respondent had not had sex with Ms. Williams since 1993. Other Matters After their divorce, Ms. Williams repeatedly threatened Respondent by stating that she would get him fired and get custody of their child. She filed approximately 20 complaints against Respondent with the Sheriff's Office. She also contacted the former Department of Health and Rehabilitative Services to report Respondent for child abuse. Respondent did not report the criminal actions filed by Ms. Williams to his employer and received a written reprimand for not reporting the criminal matters. Respondent is still employed by the Department of Corrections.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order finding Respondent not guilty of violating Sections 943.1395(6) and (7) and Rules 11B-27.0011(4)(a) and (b) and dismissing the Administrative Complaint. RECOMMENDED this 6th day of June, 1997, in Tallahassee, Florida. DANIEL MANRY 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 6th day of June, 1997.
The Issue Whether Petitioner should he permitted to take the CPA examination for licensure with the State Board of Accountancy. The Petitioner appeared at the hearing without legal counsel and therefore was advised as to his rights in administrative proceedings under Chapter 120, Florida Statutes. He indicated that he understood these rights and desired to represent himself during the proceedings.
Findings Of Fact On February 2, 1978, Respondent received from the Petitioner an application for permission to take the certified public accountant examination for state licensure. In answer to question 15 of the application form as to whether he had been convicted of a felony or misdemeanor, Petitioner answered "Yes" and submitted an accompanying letter which stated that he had been convicted on a plea of guilty to a charge of accepting a gratuity and that he had received a suspended sentence with two years probation. He further noted in the letter that although he was a member of the New York Bar during that period, no action had been taken against him for disciplinary reasons by chat organization and that he had' lived a clean and exemplary life since that time. Three individuals certified on Petitioner's application as to his good moral character and integrity, and he listed three others who would submit character references on request. (Exhibits 1-2) On May 1, 1973, in the United States District Court for the Southern District of New York, Case No. 70Cr.653, Petitioner, upon his plea of guilty, was convicted of a violation of Title 18, United States Code, Section 201 and 2 in that being a public official, to wit, a Special Agent, Internal Revenue Service, unlawfully, wilfully, and knowingly otherwise than as provided by law for the proper discharge of official duty, directly and indirectly, did ask, demand, exact, solicit, seek, accept, receive and agree to receive things of value, to wit $2,000, because of official acts to be performed by him in connection with an investigation." Petitioner was sentenced to a two-year period of confinement which was suspended and was placed on probation for like period. (Exhibit 4) Incident to its processing of Petitioner's application, Respondent received a letter from his probation officer stating that court records indicated Petitioner had been "seriously involved over a long period of time in numerous bribery and attempted bribery situations while working as a special agent for the IRS." However, the officer stated that petitioner had presented no problems while on supervision, made a satisfactory adjustment, and was terminated from probation on April 30, 1975. (Exhibit 4) Respondent's executive director testified that no inquiry had been made into the character references supplied by Petitioner on his application due to the fact than the amount of time to process applications for the May examination did not provide sufficient time to do so. However, he also testified that such references are not routinely investigated in processing applications. By letter of March 4, 1978, Petitioner was advised by Respondent that his application to take the May, 1978, CPA examination had been denied for failure to comply with Section 473.08(1)(c), F.S., in that "you were convicted on charges of `accepting a gratuity as an IRS agent, Title 18, U.S.C., Section 201(g)'." (Testimony of Thompson) Petitioner testified that he served as an investigative agent in the Internal Revenue Service for a period of seventeen years prior to his retirement for medical disability. He conceded that he was asked to resign from that employment due to the fact that he was being investigated for some 20 to 30 alleged instances of activities similar to that for which he was convicted. He was employed by accounting firms in New York for a number of years prior and subsequent to his employment with the Internal Revenue Service. He has been employed with an accounting firm in Florida since February, 1978. In 1974, he served as Chancellor, Knights of Pythias, in New York. He believes that he has been rehabilitated and should be permitted to take the State CPA examination. (Testimony of Kronish, Exhibit 1) Respondent does not have a consistent position on dealing with applications involving prior convictions, but considers each case on its individual merits. In cases where an application has been denied for such a reason, Respondent normally permits the applicant to appear before it personally if he files a second application. (Testimony of Thompson)
Recommendation That Petitioner Harry T. Kronish be permitted to take the next examination for the purpose of determining whether he shall be permitted to practice in this state as a certified public accountant. DONE and ENTERED this 1st day of September, 1978, in Tallahassee, Florida. THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings The Carlton Building Room 530 Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of September, 1978. COPIES FURNISHED: James S. Quincey, Esquire Post Office Box 1090 Gainesville, Florida 32602 Harry T. Kronish 4533 Jefferson Street Hollywood, Florida 33021 =================================================================
The Issue The issue for determination is whether Petitioner’s request for exemption from employment disqualification should be granted.
Findings Of Fact On April 30, 1996, James L. Wilson was arguing with his wife. Mr. Wilson’s stepson entered into the argument. The stepson was 15 years old. Mr. Wilson, using his open hands, pushed his stepson in the chest, causing his stepson to fall over a chair and onto the floor. This incident occurred in Richmond County, Georgia. As a result of Mr. Wilson’s action against his stepson, Mr. Wilson was arrested and charged with a misdemeanor offense of simple battery. On May 1, 1996, Mr. Wilson pled guilty to the simple battery charge before the court in Richmond County, Georgia, and was sentenced to 12 months' probation and ordered to pay a fine of $150. As conditions for his probation, Mr. Wilson was ordered to have no violent contact with his stepson and to pay $20 per month for probation supervision fees. Subsequently, Mr. Wilson’s relationship with his stepson greatly improved. Mr. Wilson and his stepson get along well with one another. In July 1997, Mr. Wilson began employment with Corrections Corporation of America (CCA) in the State of Florida to assist CCA in the establishment of a program for juveniles in Florida. He was transferred by CCA from the State of South Carolina where he worked with juveniles for CCA. CCA is a contract provider with the State of Florida, Department of Juvenile Justice (Department). Working in Florida, Mr. Wilson was a shift commander at CCA’s Okeechobee Youth Offender Camp in Okeechobee, Florida. As shift commander, he supervised six staff members, supervisors of two main shifts, and 50 juvenile offenders. Mr. Wilson worked directly with juveniles. Subsequently, Mr. Wilson became the assistant maintenance/training officer, training staff at CCA’s Okeechobee Redirect Center for Juvenile Offenders. Mr. Wilson worked directly with juveniles. Mr. Wilson was in a caretaker position with CCA at both locations. Being in the positions with CEA in Florida, Mr. Wilson was required to make application for a caretaker position with CCA. In conjunction with the application, the Department required Mr. Wilson to submit to a background screening conducted by the Department’s Background Screening Unit, Bureau of Investigations (Screening Unit). Only a Florida criminal history check was conducted by the Screening Unit, which revealed no criminal history for Mr. Wilson. As part of the background screening process, Mr. Wilson was required to sign and submit two notarized affidavits (Affidavit of Good Moral Character), which were dated July 7, 1997, and December 31, 1997, respectively. On both affidavits, Mr. Wilson indicated that he had no disqualifying offenses that would deem him ineligible to work in direct contact with juveniles. Listed on each affidavit, as one of the disqualifying offenses, was "battery, if the victim of the offense was a minor," which is the offense for which Mr. Wilson was convicted in May 1996 in Richmond County, Georgia. Neither affidavit stated as to whether the offense was a misdemeanor or felony. Before signing each affidavit, Mr. Wilson communicated with his supervisor at CCA. He explained to his supervisor about the misdemeanor and queried his supervisor as to whether he should indicate that he had a disqualifying offense. Mr. Wilson’s supervisor advised him that the focus of the affidavits was on felonies. Even though neither affidavit stated that the offenses were misdemeanors or felonies, Mr. Wilson indicated that he had no disqualifying offense. In completing the affidavits, Mr. Wilson had no intention to deceive. However, the responsibility was upon Mr. Wilson to complete the affidavits and to complete them accurately and honestly. He should have known to indicate on the affidavits that he had a disqualifying offense in the absence of the affidavits stating whether the offenses were misdemeanors or felonies. After Mr. Wilson began working in Florida with CCA, he was also required to undergo a state and federal fingerprint check. The fingerprint checks revealed the simple battery on his stepson and also revealed a 1995 arrest for a misdemeanor simple battery in the State of Georgia, which was nolle prossed. By letter dated February 22, 1999, Mr. Wilson was notified by the Screening Unit’s supervisor of his potential disqualification from employment based upon the two arrests revealed by the fingerprint checks. The letter included identifying information regarding the arrests. The Screening Unit's supervisor requested that Mr. Wilson submit certified copies of arrest reports, court dispositions, and other court documents regarding the two arrests. Mr. Wilson complied and subsequently submitted the requested information. The Department reviewed the information. The Department determined that Mr. Wilson was ineligible for continued employment in a position of special trust based upon the May 1, 1996, misdemeanor simple battery against his stepson. By letter dated April 29, 1999, the Screening Unit’s supervisor notified Mr. Wilson that he was ineligible and that he could request an exemption from disqualification. CCA was also notified simultaneously of Mr. Wilson’s ineligibility and was instructed to immediately remove him from direct contact with juveniles. CCA removed Mr. Wilson from direct contact with juveniles. Mr. Wilson requested an informal exemption hearing, which was held on June 8, 1999. The hearing was conducted by a committee of two individuals, who only had the authority to make a recommendation to the Inspector General who had final decision-making authority. In a report dated June 16, 1999, the committee recommended that, although Mr. Wilson had rehabilitated himself, his exemption be denied based upon his falsification of the two notarized affidavits. 1/ The committee’s recommendation, along with the entire background screening file, was forwarded to the Department’s Inspector General. After reviewing the recommendation and the file, the Inspector General denied Mr. Wilson’s request for exemption. The Inspector General denied the exemption on three grounds. First, Mr. Wilson’s falsification of the two notarized affidavits was proof of Mr. Wilson’s lack of good moral character and of rehabilitation. Second, an insufficient amount of time had elapsed since Mr. Wilson’s commission of simple battery on his stepson, a minor, to establish good moral character and rehabilitation. Third, Mr. Wilson failed to show that he had successfully completed his probationary period regarding his conviction of simple battery on his stepson. By letter dated June 22, 1999, the Inspector General notified Mr. Wilson that his request for exemption was denied.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Juvenile Justice enter a final order denying James Wilson an exemption from disqualification of employment to work in a position of special trust or responsibility with it. DONE AND ENTERED this 26th day of January, 2000, 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 (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 26th day of January, 2000.
The Issue Whether Respondent committed the offense set forth in the Administrative Complaint and, if so, what penalty should be imposed.
Findings Of Fact At all times material to this case, Savage is a certified correctional officer in the State of Florida. As such, he holds a position of high trust. Savage abused that trust by lying on his application for employment as a court bailiff in Palm Beach County. The deception came to light between March 4, 2002, and April 15, 2002, when Elizabeth McElroy (McElroy) in her official capacity as background investigator for the Palm Beach County Sheriff’s Office, attempted to verify information provided under oath by Savage, and to search law enforcement databases to assure that he had been truthful in claiming that he had no criminal record. Instead, McElroy's investigation revealed that Savage failed to disclose two arrests, one of which involved the use of a firearm. Florida law requires, as a minimum qualification for its correctional officers, that they be of good moral character. Florida law further provides that officers who lack good moral character, or who make false statements under oath, may be stripped of their license to serve in law enforcement. The public has every right to expect that those who work in law enforcement will, at a minimum, tell the truth under oath. Individuals can be rehabilitated and can go on to occupy positions of trust, but that decision is to be made by duly authorized licensing authorities acting upon complete information. It should not be necessary for a background investigator to have to unearth information which the individual concealed on an employment application.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Savage's correctional certificate be permanently revoked. DONE AND ENTERED this 3rd day of September, 2003, in Tallahassee, Leon County, Florida. S FLORENCE SNYDER RIVAS 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 3rd day of September, 2003. COPIES FURNISHED: Rod Caswell, Program Director Division of Criminal Justice Professionalism Services Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Division of Criminal Justice Professionalism Services Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Linton B. Eason, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael J. Savage 7547 Edisto Drive Lake Worth, Florida 33467
The Issue Whether the Petitioner should be granted an exemption from disqualification for failure to meet minimum screening requirements for good moral character as specified by Section 409.175(2)(h), Florida Statutes (1995).
Findings Of Fact On May 11, 1986, an officer from the Office of Sheriff, Jacksonville, Duval County, Florida, arrested and charged Petitioner with battery on a spouse, a violation of Section 784.03, Florida Statutes, a first degree misdemeanor. The incident arose when Petitioner's wife, Keturah Latimer, took the family car to arrange a visit between Petitioner's stepson and the stepson's father. Angered by his wife's actions, Petitioner struck her with his fists causing considerable bruising to her forehead and head. He was twenty-eight years old at that time. Petitioner spent thirteen days in jail and was released on bond. The record does not indicate the exact disposition of the case. However, Petitioner admits that he struck his wife. He also expressed remorse for his behavior. Petitioner has a clean record subsequent to this incident in May of 1986. He is now thirty-eight years old. Petitioner is raising his stepson, Demetrius, as his own son. Petitioner and his wife are attempting to adopt Lashon, the daughter of a family friend. Respondent's protective services staff placed Lashon in the Latimer's home when Lashon was three weeks old. Lashon is now three years old. The Respondent's protective supervision staff conducted a home study which found the Petitioner's home to be an appropriate placement for Lashon. Petitioner has been employed for the past nine (9) years with Premier Plastering doing stucco work. Petitioner attends church occasionally at Macedonia Baptist Church and his wife and children attend We're for Jesus Church. The Latimer's have been married for seventeen (17) years and have three (3) sons of their own; they have had no involvement with Respondent's protective investigations staff. Petitioner and his family attended and completed Respondent's training for prospective foster parents.
Recommendation Based upon the findings of fact and the conclusions of law, it is, recommended that Respondent enter a Final Order granting Petitioner an exemption from disqualification from employment as a family foster home parent. DONE and ENTERED this 19th day of July, 1996, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SUNCOM 278-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of July, 1996. APPENDIX The following constitutes the undersigned's rulings on the parties' proposed findings of fact. Petitioner's Proposed Findings of Fact Petitioner did not file proposed findings of fact. Respondent's Proposed Findings of Fact. 1-10. Accepted in substance and as restated in Findings of Fact 1-12 of this Recommended Order. The undersigned agrees with Respondent's findings of fact but not with the proposed conclusions of law. The testimony presented by the Latimers was very persuasive. COPIES FURNISHED: Roger L. D. Williams, Esquire Department of Health and Rehabilitative Services Post Office Box 2417 Jacksonville, Florida 32231-0083 Lawrence D. Latimer 1608 Golf Forest Drive Jacksonville, Florida 32205 Gregory D. Venz, Agency Clerk Department of Health and Rehabilitative Services Building 7, Suite 728 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Richard Doran, Esquire Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, Florida 32399-0700
Findings Of Fact In July 1998, Petitioner held a position with the James E. Scott Community Association (Association) as a caretaker for juveniles. Petitioner had been employed with the Association since 1995. In July 1998, the Association, as a provider facility for Respondent, submitted a Request for Preliminary FCIC/NCIC and DHSMV Screening Check package (Screening Package) on Petitioner to the Respondent's Office of the Inspector General (OIG). Included in the Screening Package was an Affidavit of Good Moral Character (Affidavit). Petitioner executed the Affidavit on July 13, 1998. Petitioner indicated on the Affidavit that she had no disqualifying offenses that would deem her ineligible to work in direct contact with juveniles. The disqualifying offenses were enumerated on the Affidavit. The offense pertinent to Petitioner was an offense of Chapter 812, Florida Statutes, relating to theft, robbery and related crimes, if the offense was a felony. The OIG conducted a review of Petitioner's criminal history. OIG's review revealed that Petitioner had potential disqualifying criminal offenses. Her criminal record contained seven arrests by the Metro-Dade Police Department from 1975 to 1995, which were as follows: October 10, 1975, arrested and charged with shoplifting and fraud (insufficient funds check (IFC)). December 15, 1978, arrested and charged with shoplifting, felony; shoplifting; fraud (IFC); and a nonmoving traffic violation. December 10, 1983, arrested and charged with shoplifting, reduced to funds check, felony. April 18, 1984, arrested and charged with fraud (IFC), felony; fraud (IFC), misdemeanor; and larceny, grand, second degree. November 17, 1984, arrested and charged with shoplifting, petty. November 9, 1985, arrested and charged with larceny, grand. March 3, 1995, arrested and charged with fraud, welfare; and larceny, grand. By letter dated July 23, 1998, the supervisor of Respondent's Background Screening Unit notified Petitioner of the potential disqualification. Further, the Screening Unit's supervisor requested Petitioner to provide certified police reports and judicial dispositions on the arrests. Petitioner complied with the request and submitted certified documents regarding the arrests. The documents indicated that Petitioner's arrests in 1984, 1985, and 1995 for grand theft were disqualifying in nature because they involved violations of Chapter 812, Florida Statutes. Such violations were indicated in the Affidavit as being disqualifying offenses. Regarding the arrest on April 18, 1984, Petitioner, along with another person, exited a department store with clothing items for which she had not paid. The value of the clothing items was $630. The court made a finding of guilt, withheld adjudication, and imposed probation. As to the arrest on November 9, 1985, Petitioner and another person exited a department store with clothing for which they had paid. Petitioner's vehicle was searched, and additional clothing from a second department store was discovered. The court made a finding of guilt, withheld adjudication, and imposed probation and community control. Regarding the arrest on March 7, 1995, Petitioner and an accomplice received Aid to Families with Dependent Children (AFDC) benefits and Food Stamp benefits for which they were not entitled from August 1993 through August 1994. The value of the AFDC benefits was $3,111 and the Food Stamps benefits was $6,856. Petitioner pled guilty, and the court made a finding of guilt and adjudicated her guilty and, among other things, imposed probation, community service, and restitution. In completing the Affidavit, Petitioner had no intent to deceive. Petitioner’s employer advised Petitioner to complete the Affidavit indicating that she had no disqualifying offenses. However, the responsibility was upon Petitioner to complete the Affidavit and to complete it accurately and honestly. She should have known to indicate on the Affidavit that she had a disqualifying offense. Respondent reviewed the information. Respondent determined that Petitioner was ineligible for continued employment in a position of special trust or responsibility. By letter dated April 6, 1999, the Screening Unit’s supervisor notified Petitioner that she was ineligible based on the dispositions of the arrests on April 18, 1984, and March 7, 1995, and that she could request an exemption from disqualification. The Association was also notified simultaneously of Petitioner’s ineligibility and was instructed to immediately remove her from direct contact with juveniles. The Association removed Petitioner from direct contact with juveniles. Petitioner requested an informal exemption hearing, which was held on May 14, 1999. The hearing was conducted by a committee of three individuals, who only had the authority to make a recommendation to Respondent’s Inspector General who had final decision-making authority. In a report dated June 7, 1999, two of the committee’s members recommended that Petitioner’s exemption be denied, one member recommended granting the exemption. On May 14, 1999, Petitioner also executed a corrected Affidavit, indicating that she had disqualifying offenses. The committee’s recommendation and Petitioner’s file, along with the corrected Affidavit was forwarded to Respondent’s Inspector General. After reviewing the recommendation, the file, and the Affidavit, the Inspector General denied Petitioner’s request for exemption on June 9, 1999. By letter dated June 11, 1999, the Inspector General notified Petitioner that her request for exemption was denied. Respondent’s Inspector General denied Petitioner’s exemption because she failed to accurately complete the Affidavit; because of her recent conviction of welfare fraud and grand theft, regarding the March 7, 1995, arrest; and because she had not completed her obligations for the conviction of welfare fraud and grand theft. At the time of the denial and the hearing, Petitioner had not completed her probation, which would end in April 2000, and Petitioner had not paid restitution. Petitioner has performed in an exemplary manner during her employment with the Association. Petitioner’s witness provided support as to her good moral character. However, even Petitioner’s witness stated that Petitioner is unable to show good moral character until she completes her probation and pays restitution. Petitioner presented letters to support her position of good moral character. Respondent concedes that Petitioner does not present a threat to juveniles.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Juvenile Justice enter a final order denying Earline Johnson an exemption from disqualification of employment to work in a position of special trust or responsibility with it. DONE AND ENTERED this 30th day of March, 2001, 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 (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 30th day of March, 2001. COPIES FURNISHED: Earline Johnson 1788 Northwest 58th Street Miami, Florida 33142-2422 Lynne T. Winston, Esquire Department of Juvenile Justice Inspector General’s Office 2737 Centerview Drive Tallahassee, Florida 32399-3100 William G. Bankhead, Secretary Department of Juvenile Justice 2737 Centerview Drive Tallahassee, Florida 32399-3100 Robert N. Sechen, General Counsel Department of Juvenile Justice 2737 Centerview Drive Tallahassee, Florida 32399-3100
