Findings Of Fact 1. Incorporated in Finding of Fact 1. 2-7. Incorporated in Finding of Fact 16. Incorporated in Finding of Facts 3 and 4. Incorporated in Finding of Fact 6. 10-11. Incorporated in Finding of Facts 7 and 8. Incorporated in Finding of Facts 10 and 11. Rejected as contra to the weight of the evidence. Incorporated in Finding of Fact 17. Incorporated in Finding of Fact 16. Incorporated in Finding of Facts 12-14. Incorporated in Finding of Fact 15. Incorporated in Finding of Facts 12-14. Incorporated in Finding of Fact 15.
Recommendation Based on the foregoing Findings Of Fact and Conclusions Of Law, it is, therefore RECOMMENDED that: Respondent's certification as a corrections officer be revoked, but that the revocation be suspended and respondent placed on probation for a-period of two years at which time if there is no further evidence of misconduct by the Respondent, the revocation be remitted and the probation terminated. RECOMMENDED this 22nd day of July, 1986, in Tallahassee, Florida. ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings This 22nd day of July, 1986. COPIES FURNISHED: Joseph S. White, Esq. Assistant General Counsel Department of Law Enforcement P. O. Box 1489 Tallahassee, FL 32302 Gene "Hal" Johnson, Esq. 233 W. College Avenue Tallahassee, FL 32301 Robert R. Dempsey Executive Director Department of Law Enforcement O. Box 1489 Tallahassee, FL 32302 APPENDIX The following constitutes my specific rulings pursuant to Section 120.57(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case.
The Issue Whether Respondent, a certified correctional officer and a certified instructor, committed the offenses alleged in the Administrative Complaint issued November 16, 2004, and, if so, the penalties that should be imposed.
Findings Of Fact At all times relevant to this proceeding, Respondent was certified by Petitioner as a correctional officer and as an instructor. At all times relevant to this proceeding, Respondent was employed by the Florida Department of Corrections (DOC) at its Indian River Correctional Institution (IRCI) with the rank of Major. At all times relevant to this proceeding, Ken Torres was employed by the DOC at IRCI with the rank of Lieutenant. On June 11, 2003, Tvaris Burch, Errol Whiley, and Keith Conley were inmates at IRCI. At no time did any of these three inmates have authorization to be in Respondent’s office at IRCI. The only door to Respondent’s office opens to a long hallway. This door is normally locked. At approximately 6:15 p.m. on June 11, 2003, Respondent entered his office at IRCI and was followed by Lt. Torres. Respondent and Lt. Torres saw three inmates on the floor attempting to hide under Respondent’s desk. Each inmate attempted to conceal his identity by pulling his tee shirt up over his head. It is undisputed that both Respondent and Lt. Torres ordered the three inmates to come out from under the desk and the inmates refused those orders. It is also undisputed that the inmates came out from under the desk after Respondent threatened to order Lt. Torres to spray them with chemical agents. What happened next is the center of the dispute in this proceeding. Petitioner alleged that Respondent kicked one of the inmates and that he kicked and punched another inmate as they came out from under his desk. Petitioner also alleged that Respondent failed to file a mandatory Use of Force Report and that he lied to an investigator (Mr. Glover) in a sworn statement. Respondent asserted that he did not kick or otherwise use unauthorized force against any of the three inmates, that he had no reason to file a use of force report, and that he did not lie to the investigator. In support of its allegations, Petitioner presented the testimony of inmate Burch, Mr. Glover, and Lt. Torres. In addition, Petitioner presented the investigative report prepared by Mr. Glover and certain affidavits gathered by Mr. Glover during the course of his investigation. The following facts are not in dispute. After the three inmates came out from under the desk and were on their feet, they were ordered to remove the tee shirts from their heads and were identified as being inmates Burch, Whiley, and Conley. They were stripped searched by Respondent and Lt. Torres and contraband was removed from them. Additional security was called and took the three inmates to the prison nurse for a pre-confinement physical. This type medical examination is mandatory for an inmate about to be confined for disciplinary purposes. The inmates did not complain to anyone that they had been injured or mistreated by Respondent or by anyone else. The nurses noted no injury on any of the inmates. The three inmates were then confined for disciplinary reasons. An incident report was written and a Disciplinary Report was filed for each of the three inmates. Neither Respondent nor Lt. Torres filed a Use of Force Report, which is a mandatory report after physical force is used against an inmate. On June 12, 2003, approximately 24 hours after the incident in Respondent’s office, both inmate Burch and inmate Whiley declared a medical emergency. Both inmates were promptly taken to the medial unit and examined by prison nurses. Inmate Burch told nurse Rhea Harris that he had been injured by being kicked in the head, but he would not identify the person who kicked him. At the final hearing, inmate Burch testified that Respondent kicked him in the head as he was coming out from under the desk and in the knee when he tried to stand up. He further testified that the blow to the knee caused him to fall to the floor, which broke his glasses. Ms. Harris observed a bump on the side of inmate Burch’s head that could be consistent with inmate Burch’s being kicked.5 Inmate Whiley was seen by Nurse Debra Barriner on June 11 and June 12, 2003. On June 12, 2003, inmate Whiley told Ms. Barriner that he had a sore neck and a sore area on his face on the left cheek. Ms. Barriner observed areas of slight swelling and discoloration that were consistent with inmate Whiley’s complaints. Inmate Whiley refused to tell the nurse what caused his neck and left cheek to become sore. In an affidavit subsequently secured by Mr. Glover, inmate Whiley alleged that Respondent had kicked him as he was coming out from under the desk and hit him in the stomach after he stood up. In an affidavit secured by Mr. Glover, inmate Conley stated that he was not struck by Respondent on June 11, 2003, but that he saw Respondent strike inmates Burch and Whiley. Approximately a week after the incident in Respondent’s office, corrections officers intercepted a note being passed from the cell of inmates Burch and Whiley to the cell of inmate Conley. This note was turned over to Lt. Torres, who was the shift supervisor, who testified that he threw the note away and could not recall its details. Lt. Torres did recall that the note made a reference to his being promoted as a result of the allegations that had been made against Respondent. In a sworn interview given to Mr. Glover, Lt. Torres stated that he saw Respondent kick inmates Burch and Whiley. He repeated that statement at the formal hearing. On closer examination, Lt. Torres testified that he did not witness Respondent make physical contact with any of the inmates, but that he saw him making kicking motions in the directions of the inmates. On further examination, the following exchange occurred between Petitioner’s counsel and Lt. Torres beginning at page 85, line 22 of the Transcript: Q. Let me ask you this: If you did not see Major Passino actually strike an inmate, why then did you feel that it was necessary to report such an incident.[6] A. Why did I feel that? That’s my responsibility. Q. At the time that this incident occurred, why did you consider that there had been a use of force. A. Why? Q. Yes. A. Only because of what the inmates said, that they were injured, did I suspect that there was a use of force. Q. And that was only after the inmates had declared a medical emergency – A. Yes, sir. Respondent’s testimony that he did not use unauthorized force against inmates Burch and Whiley is found to be credible. The conflict in the evidence is resolved by finding that Petitioner failed to prove by clear and convincing evidence that Respondent battered inmate Burch or Whiley.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order dismissing all counts of the Administrative Complaint. DONE AND ENTERED this 24th day of, June, 2005, in Tallahassee, Leon County, Florida. S CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 24th day of June, 2005.
The Issue The issue is whether Respondent knowingly obtained or used, or endeavored to obtain or use, the property of another valued at $300 or more with the intent to temporarily or permanently deprive the owner of the right to the property, or a benefit therefrom, or to appropriate the property to his own use, or to the use of any person not entitled thereto, as alleged in the Administrative Complaint.
Findings Of Fact Based upon the demeanor of the witnesses while testifying and other substantive and material evidence of record, the following findings of fact are made: At all times material to this cause, Respondent was a certified Correctional Officer, having been certified on or about April 2, 1991, and issued Correctional Officer Certification No. 92406. On October 8, 2000, Respondent, in the company of two other persons, Steven Smith and Henry Fox, went to a business named "Four Star Refinish" located at 898 County Road 621, Lake Placid, Florida. David Trobaugh is the owner of Four Star Refinish and the compressor at issue in this proceeding. The building housing Four Star Refinish had been largely destroyed by fire before October 8, 2000, and the compressor, valued at more than $300, was located outside the building, undamaged. On October 8, 2000, at the business site of Four Star Refinish, Respondent, Steven Smith, and Henry Fox, agreed to take the compressor and together removed the compressor from the premises and transported it to the residence of Steven Smith. On October 12, 2000, Respondent gave a statement to Robert Neale, Highlands County Sheriff's Department, admitting that he, Steven Smith, and Henry Fox loaded the compressor onto a trailer and together transported it to Steven Smith's residence. Respondent, after his admission, assisted Deputy Neale in recovering the compressor by contacting Steven Smith by telephone, who then provided the location of the compressor. At the location provided by Steven Smith, the compressor was located and recovered by Deputy Neale, identified by the owner, David Trobaugh, and returned to him. Respondent, with knowledge of the unlawful taking of the compressor, with knowledge of the parties who unlawfully removed the compressor, and with knowledge of the compressor's whereabouts, concealed his participation in the aiding and abetting in the commission of a felony by Steven Smith and Henry Fox, when initially approached by law enforcement. As a direct result of the foregone and on April 1, 2001, in the case of State v. Jerry E. Lambert, the State Attorney entered a nolle prosequi, in Highlands County Circuit Court Case No. CF00-00685A-XX, under which Respondent was charged with one count of Grand Theft in Excess of $300, with the stated ground for the nolle prosequi listed as "Case Referred to CDS (Citizen Dispute Settlement). An Agreement was reached and restitution and fees paid." Petitioner has proven by clear and convincing evidence that Respondent, without permission of the owner and without legal right to obtain, did in fact obtain and remove an air compressor valued at more than $300 from the site location of the lawful owner. Respondent's admitted participation in the commission of a felony offense evidenced his intentional failure to maintain good moral character and proves his failure to maintain qualifications required of a certified correctional officer. Respondent offered no mitigating evidence.
Recommendation Based on the forgoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Criminal Justice Standards and Training Commission enter a final order revoking Respondent's Correctional Officer Certification No. 92406. DONE AND ENTERED this 18th day of February, 2003, in Tallahassee, Leon County, Florida. FRED L. BUCKINE 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 18th day of February, 2003. COPIES FURNISHED: Jerry E. Lambert 126 East Royal Palm Avenue Lake Placid, Florida 33852 Joseph S. White, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Rod Caswell, Program Director Division of Criminal Justice Professionalism Services Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
The Issue Whether Respondent committed the unlawful employment practice alleged in the Charge of Discrimination filed with the Florida Commission on Human Relations (FCHR) and, if so, what relief should Petitioner be granted.
Findings Of Fact Based on the evidence adduced at hearing, and the record as a whole, the following findings of fact are made: Respondent (ACG) is a provider of contract security guard services. Its clients include FedEx and other shipping companies. A critical responsibility of the ACG Security Guards stationed at these shipping companies' sites is "verifying all seal numbers & trailer numbers, against [the] manifest" in order "to make sure the correct shipment goes out with the correct trailer." When a trailer leaves the site with the wrong shipment (which ACG refers to as a "mispull"), ACG is obligated to compensate the client for monetary damages the client suffers as a result of the "mispull." Site Supervisors are responsible for the performance of the Security Guards working at their site. It is ACG policy, where there are repeated incidents of Security Guard nonfeasance at a site, to take disciplinary action against the Site Supervisor. Site Supervisors, in addition to having supervisory obligations, also must perform security guard functions at their assigned sites. Petitioner is a black Haitian. He was employed by ACG as a Site Supervisor from August 13, 2006, until December 2009. He supervised two sites during his employment with ACG: the FedEx Freight site in Medley, Florida (until September 3, 2008), and the FedEx National site in Orlando, Florida (thereafter). Petitioner worked under the supervision of three successive Operations Managers: Sheila Doyle (who was fired in October 2008), then Clarence Dorm, and finally Alex Potempa. Mr. Potempa, who was Petitioner's supervisor at the time Petitioner left ACG's employ, has supervisory authority over Site Supervisors and Security Guards in ten east coast states, including Florida. In addition to the FedEx Freight site in Medley and the FedEx National site in Orlando, there are two other sites in the central and southeast part of the state at which ACG is providing contract security guard services (under Mr. Potempa's supervision) to shipping company clients: the SouthEast Freight site in West Palm Beach, and the FedEx National site in Delray Beach. As of April 5, 2010, working at these four sites was a total of 15 ACG employees, of which all but one were black. Six of the black employees were of Haitian national origin, and one of these six employees was a Site Supervisor (of the SouthEast Freight site). Over approximately a three-month period from October 2009, to December 2009, there were four separate incidents where a Security Guard under Petitioner's supervision at the FedEx National site was, in the opinion of Mr. Potempa, guilty of dereliction of duty. These incidents were: a "mispull" in late October; another "mispull" in late December; a Security Guard not being at his post, in late December, when a FedEx representative sought to access the site; and a Security Guard being involved, in late December, in an "at fault" accident while riding on an ACG golf cart on the site. In accordance with the ACG policy described in Finding of Fact 3, Petitioner was removed from his Site Supervisor position because of these incidents. This disciplinary action was recommended by Mr. Potempa and approved by ACG's Regional Vice President, Jeff Darley. Petitioner was offered the opportunity to remain with ACG in a non-supervisory, Security Guard position, but he declined the offer.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order finding American Citadel Guard not guilty of the unlawful employment practice alleged by Petitioner and dismissing Petitioner's Charge of Discrimination. DONE AND ENTERED this 13th day of December, 2010, in Tallahassee, Leon County, Florida. S STUART M. LERNER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 13th day of December, 2010.
The Issue The issue in this case is whether Respondent engaged in an unlawful employment practice against Petitioner on the basis of race and national origin in violation of the Civil Rights Act.
Findings Of Fact Respondent has a department General Services Administration (hereinafter “GSA”) responsible for providing security to County departments and facilities. GSA provides security services by contracting with private vendors. Two of the private security vendors are Delad Security (hereinafter “Delad”) and Forrestville Security (hereinafter “Forrestville”). In 2005, GSA, on behalf of Respondent, entered into a contract with Delad and Forrestville to assign security guards at County posts. The “General Terms and Conditions” of the contract provide in pertinent part: 1.16 Responsibility As Employer The employee(s) of the successful Bidder shall be considered at all times its employee(s) and not employee(s) or agent(s) of the County or any of its departments. . . . The County may require the successful bidder to remove any employee it deems unacceptable. . . Even though Delad and Forrestville as vendor companies provide security officers through a contract with Miami-Dade County, only the vendor companies have the authority to terminate one of its employees. Dangervil secured his security officer position by applying for employment through the vendor companies who set his schedule, administered his leave time, paid his salary and taxes, monitored his actions to ensure compliance with the terms and conditions of the contract, as well as provided his job duties and assignments. Dangervil is a black male whose national origin is Haitian. On June 27, 2007, Dangervil was working for Delad assigned to the 140 West Flagler Building for his security post. His job duties were patrolling the parking lot and checking the floors in the building. Joseph Wolfe (hereinafter “Wolfe”), a white male, is the GSA supervisor responsible for County facilities. On June 27, 2007, he reported to the 140 West Flagler Building location to look into a complaint about a possible disturbance on the 16th floor during a code compliance hearing. When he arrived on the 16th floor, Wolfe met Dangervil who was dressed in a uniform Wolfe determined had a sweat-stained shirt. Wolfe began to ask Dangervil a series of questions regarding his being assigned to the disturbance location, but was unable to ascertain why Dangervil was there. Dangervil did tell him "I don't work here." Wolfe determined that Dangervil was not properly prepared for the security detail and that Dangervil lacked the requisite ability to effectively communicate using the English language. After the incident, Wolfe contacted a Delad supervisor who confirmed that Dangervil had been instructed thru the chain of command to go to the hearing location for his post June 27, 2007. Section 3.41 of the security contract with Delad provides an English proficiency qualification for security personnel and states in relevant part: * * * C) Ability to Communicate in English . . . all Contractor Security personnel must be fully literate in the English language, (e.g., able to read, write, speak, understand, and be understood). Oral command of English must be sufficient to permit full communication. . . . The contract further allows a security guard to be removed from the contract if s/he has difficulty understanding or speaking English. Wolfe subsequently wrote a Guard Infraction Report against the security vendor directing that Dangervil be removed from the Delad contract with the County stating: I was dispatched to location ref a code compliance hearing and protesters carrying signs criti[c]izing Dade County. Upon arrival to the 16th floor I met with S/O Dangervil, Brunel. Dangervil was unable to tell me why he was there, stating, "I don't work here." Then he asked someone on their way to attend hearing to help me as if he thought they were a county employee. It was determined the officer was not pro[p]erly briefed prior to being sent to the detail. The officer was allowed to work with what appeared to be a sweat stained uniform shirt. Dangervil's removal from the Miami-Dade contract did not affect Dangervil's employment status with Delad. On October 26, 2007, GSA dispatched Wolfe to the Opa Locka Elderly Facility, a County public housing facility, to investigate a complaint that a Forestville security officer did not want to work his assigned post. David Thibaudeau (hereinafter “Thibaudeau”), Wolfe's supervisor and GSA Deputy Chief, and GSA Supervisor Sanchez also reported to the Opa Locka Elderly Facility after receiving a call from the dispatch center. There had been several reports from security vendors that officers were being assaulted and Thibaudeau and Sanchez went to the location to help resolve the problem regarding the security officer assigned to the post and the supervisor refusing to work at the post. On duty at the location was Dangervil, the assigned security officer. Upon arriving, Thibaudeau had a conversation with Dangervil, Wolfe, and two Forrestville supervisors. The Forrestville supervisor explained that Dangervil did not want to work the post and was going to leave. Dangervil explained to Thibaudeau that he didn't want to work the location because he heard bad things happened at the location.1 Subsequently, Thibaudeau instructed the Forrestville Supervisor to work the post since Dangervil was leaving. The supervisor also refused to work the facility but ultimately agreed when Thibaudeau explained that he would have to call their company to get the project manager to resolve the issue. Wolfe recognized that Dangervil was the same Delad security officer he had dealt with in June 2007 at the 140 West Flagler incident. Dangervil had been placed on a “do not hire” list by Wolfe because of the previous incident that took place at the 140 building. Wolfe wrote up a second Guard Infraction Report which directed that Dangervil be removed from the Forrestville contract. The report narrative stated: While conducting an inspection of the post during an afternoon to mid shift change I recogni[z]ed the on coming [sic] midnight shift officer as being previ[o]usly removed from the contract by me while he was employed by Delad security. Prior to being removed again S/O Dangervil refused to stay at post because of the previous incidents. Dangervil was not removed from the contract because he was Haitian or Black.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Florida Commission on Human Relations issue a final order finding that Respondent did not commit any unlawful employment practices and dismissing the Petition for Relief. DONE AND ENTERED this 20th day of July, 2009, in Tallahassee, Leon County, Florida. JUNE C. McKINNEY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of July, 2009.
The Issue Should Petitioner impose discipline on Respondent in association with his correctional certificate?
Findings Of Fact Respondent was certified by the Criminal Justice Standards and Training Commission on June 12, 2000, and was issued Correctional Certificate No. 191694. At times relevant to the inquiry, Respondent has been employed as a corrections officer at Bay Correctional Facility. On December 13, 2000, Wal-Mart operated a store on 23rd Street in Panama City, Florida. From that store Wal-Mart was engaged in retail sales. On December 13, 2000, Edith Hutchinson went alone to the Wal-Mart store on 23rd Street. Respondent knew that Edith Hutchinson was going to the Wal-Mart store. Edith Hutchinson and Colin Hutchinson are husband and wife. At the time Colin Hutchinson was Respondent's roommate. It was intended that the three persons named meet at Wal-Mart. Respondent and his roommate came to the store later. When Respondent and Colin Hutchinson arrived at Wal- Mart Edith Hutchinson was coming out of the store. She had purchased a computer which she put in her car. She then handed Colin Hutchinson the receipt for the purchase of the computer. Respondent knew the purpose of handing over the receipt was to allow Colin Hutchinson to return to the store and get another computer using the receipt as evidence of a fraudulent purchase. Colin Hutchinson had told Respondent that this was the intention while they were in the parking lot at Wal-Mart. Pursuant to the plan to obtain a second computer with the receipt evidencing the purchase of the first computer, Respondent and Colin Hutchinson entered the Wal-Mart store. Once inside the store Respondent and Colin Hutchinson went to the area where the computers were being sold and placed a second computer in a shopping buggy. They then proceeded to the lawn and garden center in the store with the intention to exit the store from that area. Colin Hutchinson gave Respondent the receipt evidencing the purchase of the first computer. Respondent had that receipt in his left back pocket when he arrived at the lawn and garden center with Colin Hutchinson and the second computer in the shopping buggy. Respondent took the receipt from his pocket. Respondent handed the receipt to a store employee, with the idea that this receipt would evidence purchase of the second computer, not the first computer. The Wal-Mart employee shown the receipt is referred to as a "people greeter." That individual accepted the receipt as being evidence of a purchase related to the second computer, when in fact Respondent and the Hutchinsons had never purchased the second computer by payment. The receipt had been shown at the last set of doors exiting the store. Respondent and Colin Hutchinson did not stop at any register in the Wal-Mart store to pay for the second computer, to include the register in the garden center. Instead the two passed the register in the garden center in route to the "people greeter." Respondent had not received a second receipt from any of the cashiers while in the store. The second computer which was not paid for had an approximate value of $798.00 at retail and was part of the stock of the Wal-Mart store. Respondent and Colin Hutchinson still had the second computer with them when they were stopped outside of the store beyond the second set of doors where the greeter had been posted. Respondent and Colin Hutchinson were stopped outside the store by a store security employee Terrance Cotton. When confronted, Respondent told Mr. Cotton that the intention was to pay for one computer and get another one with the receipt from the first purchase. Respondent also knew that the first computer had been purchased with a worthless check. Later money was put into the checking account for Edith Hutchinson and the payment for the first computer was completed. Before money had been placed in the account sufficient to cover the purchase of the first computer, that computer had been removed from Edith Hutchinson's car. Wal-Mart retrieved the second computer that was in the possession of Respondent and Colin Hutchinson when they exited the store. Respondent was arrested for grand theft by the Bay County Sheriff's Office involving the incident related to the second computer that he had removed from the Wal-Mart store without paying for it. After being advised of his Miranda rights he gave a statement that is essentially in keeping with the facts that have been previously found in this Recommended Order. Respondent was allowed to participate in a pretrial intervention program to address the criminal charge of grand theft. As a condition to participation he had to acknowledge responsibility for the theft. He successfully completed that program. As a consequence no criminal record exists concerning the grand theft charge. Beyond the incident Respondent has continued to work for Corrections Corporation of America at the Bay Correctional Facility and has been twice promoted. He is in good standing with his employer.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That a Final Order be entered finding the violation of the statutes and rule and revoking Respondent's correctional certificate. DONE AND ENTERED this 8th day of December, 2004, in Tallahassee, Leon County, Florida. S ________ CHARLES C. ADAMS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 8th day of December, 2004. COPIES FURNISHED: Joseph S. White, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Kristopher A. Kline 1801 Minnesota Avenue Lynn Haven, Florida 32444 Michael Crews, Program Director Criminal Justice Standards and Training Commission Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
The Issue The issue presented is whether Respondent is guilty of the allegations contained in the Administrative Complaint filed against him, and, if so, what disciplinary action should be taken against him, if any.
Findings Of Fact Respondent was certified by the Commission as a correctional officer on October 1, 1987, and was issued correctional certificate numbered 83658. Respondent has been employed since that time by the Miami-Dade Department of Corrections and Rehabilitation, assigned to the Turner Guilford Knight Correctional Institute, the stockade. He is also certified by the Commission as an instructor and has taught at the Academy. Respondent is a very professional, "by-the-book" correctional officer. He is considered by his supervisors to be an excellent correctional officer who performs his job efficiently. He has received numerous commendations while at the Department, including a humanitarian award and the Department's monthly recognition award. His annual evaluations rate him consistently above satisfactory or outstanding but for some need for improvement in attendance. January 28, 1994, was Respondent's birthday. He and Pamela Gray, the woman with whom Respondent then lived, walked on the beach together and then went to Denny's Restaurant. While there, they encountered three young women whose car had been stolen while they were inside Denny's. Respondent offered them a ride home, and they accepted. Respondent, in Gray's car, and Gray drove the women to Hamlet Estates Apartments and entered through the security gate. Once inside the complex, Respondent and Gray were walking the women to their apartment when they saw a juvenile walking around looking in the recreation room. They commented to each other that it was too late for a child that age to be out. Since it was after 3:00 a.m., Respondent and the others approached the juvenile who appeared to be 10 to 12 years old. Respondent asked him why he was out at that time of the morning, and the juvenile said he lived there. Respondent asked him which apartment he lived in, and the juvenile stated an apartment number. The young women with Respondent and Gray advised that the apartment complex used letters, not numbers, on the apartments there. Respondent asked the juvenile to show Respondent where he lived, and Respondent and the boy walked off together. The boy was unable to identify an apartment where he lived. The boy was also evasive about his name and telephone number. Respondent and the juvenile returned to where Gray was waiting for them. The young women went to their apartment, and Respondent and Gray drove the juvenile to the security guard booth at the entrance to the complex. Gray waited in the car, while Respondent and the juvenile walked over to the booth and spoke to the security guard. Respondent identified himself to security guard Marvel Williams as Officer Ford and showed her his correctional officer badge. Respondent asked Williams if the juvenile lived there, and she confirmed that he did not. Respondent used the telephone to call the telephone number the juvenile told him was his parents' telephone number, but the number was disconnected. Respondent was concerned about leaving the juvenile at the complex where the juvenile had no right to be. He was concerned that something might happen to the child or that the child might be intending wrongdoing. Respondent then called the Miami-Dade Police Department precinct nearby and requested that a patrol car be sent to pick up the juvenile and take him home. Respondent was told that no unit was available to come there. Respondent then decided that he would drive the juvenile to the precinct and leave him there until the police could take him home. He told the juvenile to come with him, and they walked over to Gray's car. Respondent opened the back door, and the juvenile got in. Respondent then got in the car and drove out of the complex. Because the security guard had some concern about a child going somewhere with a stranger, she copied down Respondent's license number and a description of the vehicle as Respondent exited the complex. She then pushed the redial button on the telephone to verify that Respondent had in fact called the police and discovered that he had. She then wrote an incident report describing what had happened. When Respondent arrived at Station 6, he, Gray, and the juvenile went inside. Respondent and the juvenile approached the desk officer, and Gray sat down in the waiting area. Respondent introduced himself as Officer Ford and showed the police officer his correctional officer badge and identification. He then told the police officer what had transpired and requested that the police take the juvenile home. At the request of the police officer, Respondent wrote down his name, his badge number, his identification number, and his beeper number. The desk officer then buzzed the door to the back area to unlock it and allow Respondent and the juvenile to enter the back area of the station. Respondent held the door for the desk officer and the juvenile, and the juvenile walked into the back area. Respondent told the desk officer that he was tired and was going home. He then walked out of the station, and he and Gray drove home. The desk officer did not try to stop Respondent from leaving. Not knowing what to do next, the desk officer contacted his supervisor, asking him to come to the station to deal with the juvenile. When his supervisor arrived, he described what had happened. In doing so, he told his supervisor that Respondent was an off-duty police officer. This erroneous assumption arose from the fact that Miami-Dade police officer badges and correctional officer badges look alike, but for the wording across the top of the badge. The desk officer's supervisor called Respondent's beeper, and Respondent returned the call. In a hostile and profane manner he told Respondent to return to the station and fill out appropriate paperwork. Respondent told him he would not come back to the station and hung up on him. The supervisor again beeped Respondent, and Respondent again called him back. The supervisor threatened to call Respondent's precinct and report him to internal affairs, and Respondent advised him that Respondent was not a police officer but was a correctional officer. The supervisor then contacted correctional internal affairs and reported Respondent for impersonating a police officer. The police attempted to find out the juvenile's name and address, but he only gave them false information. They finally fingerprinted him and discovered that his fingerprints were on file and that there were several outstanding warrants/pick-up orders against him. Instead of taking him home, they transported him to juvenile hall. Respondent did not identify himself as a police officer to anyone that night. Respondent did not restrain the juvenile or imprison him against his will. The juvenile went with Respondent both to the security guard booth and to the police precinct without protestation.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding Respondent not guilty of the allegations contained in the Administrative Complaint and dismissing the Administrative Complaint filed against Respondent in this cause. DONE AND ENTERED this 17th day of December, 1999, in Tallahassee, Leon County, Florida. LINDA M. RIGOT 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 17th day of December, 1999. COPIES FURNISHED: A. Leon Lowry, II, Program Director Division of Criminal Justice Professionalism Services Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Richard D. Courtemanche, Jr., Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Braverman, Esquire 2650 West State Road 84 Suite 101A Fort Lauderdale, Florida 33312
The Issue Whether petitioner should take disciplinary action against respondent for the reasons alleged in the administrative complaint?
Findings Of Fact Respondent Charles W. Pumphrey holds certificates as a correctional officer, No. C-0919, and as a law enforcement officer, No. 05-87-222-07, both issued by petitioner Criminal Justice Standards and Training Commission; and has held them at all pertinent times. In the spring of 1988, he worked for the Florida Department of Corrections at Holmes Correctional Institution, where he held the rank of sergeant. On May 25, 1988, he had charge of the "sod squad," a gang of six or more inmates who were assigned the task of digging up grass to replant inside the prison compound. A conversation he was having with Sergeant William B. Barber that morning was interrupted when Officer Maria T. White told them both to go to the food services building. A request for assistance had come over two-way radio. As respondent opened the door to the north dining room, Lieutenant Benny J. Chesnut escorted an unruly inmate out of the building and asked Sergeant Pumphrey "to carry him to the security complex." T.533. Sergeant Barber helped respondent escort the inmate, Samuel Collier, then left to speak to a group of inmates. At about the same time, Sergeant James F. Watson began helping respondent with the inmate. The inmate took a swing at Sergeant Watson, who grasped the inmate's right arm while respondent gripped his left. Seeing their difficulty, Inspector William T. Nobles brought a pair of handcuffs which respondent used to secure the inmate's hands behind his back. Inside the security complex, before they reached the hall onto which Major Faircloth's office opened, they encountered Major Faircloth and Ms. Parmer, a correctional officer who worked as an administrative lieutenant. Major Faircloth, both sergeants and the inmate started down the hall, and Lieutenant Parmer "stepped out of the way so they could go down the hallway." T.220. Although she came within three or four feet of the inmate, Lieutenant Parmer did not observe any injuries. T.220. The mail room officer, who was also within three or four feet of the inmate about this time, saw no injuries on the inmate's face either. T.233-4. Neither did Sergeant Pumphrey, at this point. T.541. Respondent's testimony that Samuel Collier's T-shirt had "a little spot of blood," id., on it when he entered the security complex has not been credited. As he walked by them, Major Faircloth turned to Sergeants Michael Sheppard and William Paul and Inspector Nobles, who were in a group talking, and told them "to wait right there, [and not to] let any inmates come down" (T.66) the hall toward Major Faircloth's office. After he had given this order, Major Faircloth followed Messrs. Collier, Watson and Pumphrey into the office and closed the door. T.43. From the hall, the inmate was heard interrupting Major Faircloth, cursing loudly "and raising sand." Id. During the three or four minutes that elapsed before Major Faircloth came back out of his office, four to six noises that "sounded like licks being passed," (T.44) were audible through the closed door at intervals of 30 seconds to a minute. "It sounded like flesh meeting flesh." T.150; T.178. The inmate yelled, "[D]on't hit me anymore." T.235. Major Faircloth emerged from his office without the inmate or Sergeants Pumphrey and Watson, reentering the hall where Sergeants Sheppard and Paul and Inspector Nobles still stood. Sergeant Sheppard noticed spatters of blood on Major Faircloth's shirt, although Major Faircloth was not bleeding, as far as he could see. T.46. Ms. Hutching, the mailroom officer, told Major Faircloth he needed to change shirts, "[b]ecause he had blood spattered all over his shirt." T.238. Sergeant Paul was asked "to go get three shirts . . . two white shirts and one brown shirt . . . [o]fficers' uniform shirts." T.151. Major Faircloth walked toward the control room, then stopped in front of the mailroom and flexed his swollen right hand. When the mailroom officer inquired, Major Faircloth responded, "I knocked that son of a bitch's tooth out." T.238. Frederick Terrell Kirkland, a classification supervisor who is not related to the assistant superintendent, saw Major Faircloth that day and noticed his hand and his blood-spattered shirt. Deposition of Kirkland. When assistant superintendent Kirkland arrived, he spoke to Major Faircloth, then accompanied him as he went back into the office where the inmate, respondent and Sergeant Watson remained. At some point Lieutenant Chesnut entered Major Faircloth's office. After a few minutes, Mr. Kirkland, opening then closing the office door behind him, left to go down the hall to the bathroom. When he returned, Sergeant Sheppard opened Major Faircloth's office door to let the assistant superintendent back in. As he opened the door for Mr. Kirkland, Sergeant Sheppard "saw Major Faircloth slap the inmate in the face." T.482. Samuel Collier was seated in a chair at the time, his hands still behind him in handcuffs. Standing behind Mr. Collier, Sergeant Pumphrey rested his hands on the inmate's shoulders, facing Major Faircloth, who stood in front of inmate Collier. Sergeant Watson stood by the office door. Nothing obstructed his view of Major Faircloth's striking Samuel Collier, although he turned his head and looked at Sergeant Sheppard when the door opened. T.51. "[D]id you see the son of a bitch kick me?" Major Faircloth asked the assistant superintendent. T.83. He later apologized to Mr. Kirkland for hitting the inmate in front of him. T.330, 343. After Samuel Collier had been taken away, Major Faircloth asked William Paul "to get an inmate to go clean the blood up out of his office. But then he said, no not to get the inmate, that the inmate didn't need to see that mess, for [Paul] to clean it up [him]self." T.153. In order to place Samuel Collier in solitary confinement, which was the course decided upon, he had to be sent elsewhere, because appropriate facilities were not then available at Holmes Correctional Institution. Karen Roberts, a nurse who worked at Holmes Correctional Institution, was summoned. After she drew blood, took the inmate's temperature and pulse, and made notes recording his vital signs, Mr. Collier was driven in a van to Okaloosa Correctional Institution. When Michael G. Foley, M.D., chief health officer at Okaloosa Correctional Institution, saw him shortly after lunch on May 25, 1988, Samuel Collier still had "alcohol on his breath." The parties stipulated that laboratory tests on the blood Ms. Roberts took from the inmate "revealed a .17 blood alcohol content." T.10. He had reportedly been drinking "buck," a home brew concocted from prison foodstuffs. Ms. Roberts had noticed a laceration of the upper lip which she felt "did not need suturing" (T.111) and swelling around the eyes, which she testified she attributed to the fact that Mr. Collier was crying. She "[w]anted to put ice on his eyes . . . [but] it was impossible to keep ice," (T.113) or so she testified, so she did not try it. Samuel Collier's injuries, including loose teeth Ms. Roberts overlooked, are consistent with blows received in a fight and could not have been caused by a fall against a fence post coupled with a fall out of a chair onto the floor. T.188. Samuel Collier's injuries resulted at least in part from blows Major Faircloth administered in respondent's presence. T.188, 196. When Dr. Foley examined Mr. Collier, both of the inmate's upper eyelids were swollen. An area of his scalp was swollen. There was "a massive hematoma to the upper lip, which is a massive swelling" (T.186) that made it protrude. He "had tenderness, abrasions and contusions to both cheeks. . . [and] some loose upper incisors." T.187. Dr. Foley ordered x-rays "to make sure there w[ere] no fractures." T. 184. The radiologist concluded that no bones were broken, according to Dr. Foley. Meanwhile, Major Faircloth told some correctional officers that they "were supposed to say that he had hurt his hand doing yard work." T.294. When Sergeant Sheppard asked about filing a report, Major Faircloth told him not to "worry about it, you didn't use force," (T.58) "you're not on the duty roster, they don't even know you were here" (T.94) or words to that effect. Major Faircloth's directive contravened Department of Corrections policy, which requires any correctional officer observing force being used against an inmate to prepare a "use of force report . . . and forward it to the Inspector General's office." T.59. That day, respondent Pumphrey filed a written report, Petitioner's Exhibit No. 7, reciting that he and Sergeant Watson had used force against Samuel Collier to restrain him on the way to the security complex. Concerning events in Major Faircloth's office, the report stated: Sergeant Watson and I placed the inmate in the chair. I held to his shoulders, holding him in a seated position. . . . [H]e twisted out of the chair, falling to the floor, striking his face on the floor. . . . At this time, I grabbed his right arm and pulled him from the floor sitting him back in the chair. I held to his shoulders until he calmed down. I used only a minimum amount of force to control the situation. Respondent's report mentioned force Sergeant Watson used in helping him get Samuel Collier into the chair in the major's office and recited that "Lt. Chesnut placed the cloth across the inmate's mouth, to prevent him from spitting anymore." Petitioner's Exhibit No. 7. But respondent's report omitted any mention of the force Major Faircloth had used against Samuel Collier. On June 28, 1988, while he was interrogated by Inspector G. L. McLain, respondent falsely denied under oath that he had seen Major Faircloth hit Samuel Collier and injure his hand. Petitioner's Exhibit No. 6. Asked "Now how did his [Collier's] left lip get lacerated?" Sergeant Pumphrey answered, "Unless he bit his lip or whatever, I do not know." Id. Inspector McLain had authority to administer the oath in the course of his official duties, and did so to respondent before interrogating him on June 28, 1988, and on July 6, 1988. On July 6, 1988, respondent again answered questions under oath and falsely answered affirmatively when asked whether he had been truthful during the earlier interrogation.
Recommendation It is, accordingly, RECOMMENDED: That petitioner revoke respondent's certificates both as a correctional officer and as a law enforcement officer. DONE AND ENTERED this 8th day of April, 1993, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 8th day of April, 1993. APPENDIX TO RECOMMENDED ORDER 92-1395 Petitioner's proposed findings of fact Nos. 1, 3-15, 17, 18, 20, 21, 22, 24-31 and 32-47 have been adopted, in substance, insofar as material. Petitioner's proposed findings of fact Nos. 1 and 2 are immaterial as to respondent Pumphrey. With respect to petitioner's proposed finding of fact No. 16, it was not clear that a fence and gate were in place at the time. With respect to petitioner's proposed finding of fact No. 19, Major Faircloth first joined the group before they reached his office. With respect to petitioner's proposed finding of fact No. 23, the evidence did not clearly and convincingly establish the exact number of times Major Faircloth hit Collier. Sergeant Sheppard saw him slap Collier only once. But the evidence clearly and convincingly showed that Major Faircloth landed additional blow(s), causing his knuckles to swell, and that respondent saw this. Respondent's proposed findings of fact Nos. 1-7, 11, 13-17, 20, 21, 28, 29, 32, 40 and 43 have been adopted, in substance, insofar as material. With respect to respondent's proposed findings of fact Nos. 8, 9 and 10, it was not clear that there was a need to pass between those two posts. That Collier hit or fell into a post was not established by the weight of the credible evidence. With respect to respondent's proposed finding of fact Nos. 12, 45 and 46, the weight of the credible evidence did not establish that Collier was bleeding when he reached the security complex. With respect to respondent's proposed findings of fact Nos. 18 and 19, credible evidence did not establish that Collier leapt from the chair and fell, striking a desk and the floor. Respondent's proposed findings of fact Nos. 22, 24, 30, 31, 33, 38, 39, 42, 44, 47 and 48 pertain to subordinate matters. Respondent's proposed findings of fact Nos. 23, 24, 25, 26 and 27 were not supported by credible evidence. With respect to respondent's proposed finding of fact Nos. 34, 35, 36 and 37, the nurse's testimony that she thought Collier's eyes were swollen because he had been crying has not been credited. With respect to respondent's proposed finding of fact No. 41, the weight of the evidence did not establish that nobody saw Collier's injuries before he left HCI. COPIES FURNISHED TO: Joseph S. White, Esquire Gina Cassidy, Esquire Department of Law Enforcement P. O. Box 1489 Tallahassee, Florida 32302 Stephen W. Foxwell Florida Police Benevolent Association 300 East Brevard Street Tallahassee, Florida 32301 James T. Moore, Commissioner Department of Law Enforcement P. O. Box 1489 Tallahassee, Florida 32302 Michael Ramage General Counsel Department of Law Enforcement P. O. Box 1489 Tallahassee, Florida 32302 A. Leon Lowry, II, Director Criminal Justice Standards Training Commission P. O. Box 1489 Tallahassee, Florida 32302
The Issue The issue for consideration in this case is whether Respondent's certification as a corrections officer in Florida should be disciplined because of the matters alleged in the Administrative Complaint filed herein.
Findings Of Fact At all times pertinent to the allegations herein, Respondent was certified as a corrections officer under Certificate No. 502-5580. The Criminal Justice Standards and Training Commission is the agency in this state responsible for the certification and regulation of the conduct corrections and law enforcement officers in Florida. On June 24, 1992, at approximately 11:45 PM, Officer Bryant K. Doyle, a four and a half year veteran of the Orlando Police Department, came across Respondent sitting in his car in a warehouse district near the 400 block of West Grant Street in Orlando. He called for backup by another unit, but before that unit arrived, the Respondent's vehicle, in which Respondent was accompanied a female, came toward him. Doyle stopped and approached the vehicle and at that time recognized Respondent from a prior contact which had occurred several months earlier. At that time, Doyle had come across Respondent in a car late at night in the same general area, again accompanied by a female. At that time, Respondent claimed he was a janitor but also showed Doyle a corrections officer certification card. On the second occasion, because Respondent had no identification with him, Doyle ran a routine identification check and found no prior arrest record. Though he did not know the person with Respondent, he claims Respondent implied she was a prostitute. She has an arrest record in Orange County, Florida but no evidence was produced as to what the arrests were for. Doyle asked the woman to step out of the car and, taking her behind the car, questioned her. Doyle claims she indicated Respondent had picked her up and had paid her $10.00 to fondle herself. She identified herself as Ms. McKie, who resided on Michael Avenue in Orlando. Doyle contends the interview of Ms. McKie lasted for four or five minutes. Officer Doyle then called in the information he had received from Ms. McKie and placed Respondent under arrest for solicitation of prostitution. On each occasion, at the scene, according to Doyle, Respondent cried and said he was sorry, but at no time did he deny her version of the story. There is no evidence, however, that he was made aware of it. Petitioner was unable to present the testimony of Ms. McKie. A subpoena issued to procure her presence at the hearing could not be served on her because the address given for her turned out to be a vacant lot. Ms. McKie had not been deposed previously, and, therefore, her testimony was not available. Respondent, testifying in his own behalf, indicated on the first incident described by Doyle, he had been visiting his brother, who resides in a Department of Health and Rehabilitative Services sponsored group home for the mentally disabled, the Golden Age Retirement Home, in the general area near where he was stopped by Doyle. Respondent is his brother's guardian, and on the night of that first alleged incident, had been visiting him somewhat late in the evening. During that visit, his brother introduced him to his girlfriend, whom he identified as Ms. McKay, and asked Respondent to take her to the store to pick up some items for him. After leaving the local convenience store where she purchased some snack items, on the way back she got sick and Respondent pulled over to the side of the road to allow her to relieve herself. While he was sitting there, with the auto engine running, Doyle arrived and directed him to get out of the car. When he complied, Doyle questioned him and in response, Respondent indicated he was a janitor and a corrections officer. At this time, he claims, Doyle accused him of prostitution, though Respondent denied it. Though he did not arrest Respondent, Doyle allegedly told him at that time to stay out of the area in the future even though Respondent claimed to have a lot of relatives living there. Throughout this interview, Respondent claims, Doyle was hostile and threatening. On June 24, 1992, Respondent, who was working the 6:30 AM to 2:30 PM shift, again visited his brother late in the evening. His visit was late because, after getting off work, he had to have some car repair work done and then took his wife to dinner. By the time they got back and he was ready to go, it was after 10:00 PM. However, because, he had to get his brother to sign some papers for the Social Security Administration, he decided to go even though it was late, and since his wife did not care to accompany him, he went by himself. On the way there, he saw a female walking on the street whom he recognized as a woman named Sally (McKie). He had known her for several years as a friend of his sister, but no idea she had an arrest record as a prostitute. Ms. McKie apparently walked out in front of his car and he stopped. He told her he was going to visit his brother, but if her destination was anywhere near his, he would give her a ride. She accepted. On the way, Ms. McKie indicated she was having some problems and began to get upset. She directed him into the warehouse area as a shortcut, but, for some reason, he claimed instinct, Respondent decided not to take it, turned around, and went back the way he had come. As he did so, however, he met Officer Doyle who stopped him and asked him for his driver's license which he did not have with him. According to Respondent, Doyle had Ms. McKie get out of the car and go with him to the rear where, for a period which Respondent estimates as approximately thirty minutes he allegedly threatened her with arrest if she did not admit she was engaged in prostitution at Respondent's solicitation. Respondent admits he did not hear the entire conversation and did not observe Doyle in his relationship with Ms. McKie, but he recalls the nature of the conversation. After speaking with McKie, Doyle came back to Respondent, had him get out of the car, and arrested him. Respondent was not prosecuted on the charge for which he was arrested. A Nol Prosequi Order dated October 13, 1992 so indicates. Even though Respondent notified his agency of his arrest, no action was taken against him by his supervisors. His appraisal report, dated June, 1993, for the preceding year which included the time of the incident in question reflects he exceeded standards, receiving 38 out of a possible 44 rating points. In that report he is described as an individual who can be depended upon to get the job done; who takes the initiative to insure those working for him have the requisite tools to do their job; accepts additional duties and puts every effort into accomplishing a task; works well with others; and can be depended upon to be there when needed. His three prior performance appraisal records, covering the period from January, 1989 through January, 1992, also reflect ratings of either "exceeds standards" or "outstanding." Respondent's supervisor, Sergeant Lacienski, and a fellow corrections officer and sometime subordinate, Officer Charette, both indicate Respondent has a good record and reputation within the corrections community for truth and veracity. According to Lacienski, even though Respondent's arrest was known within the correctional community, no one indicated any reluctance to work with him for that reason. This opinion is shared by Officer Charette, who asserts that Respondent's arrest for this incident had no effect on his work, and his effectiveness has not been diminished. Respondent has worked with the Orange County Department of Corrections for more than eleven years, achieving the rank of corporal. While serving as a corrections officer over that period, he has, at various times, held various part time jobs such as security officer, psychic technician, nurse's aide, and, for a period, janitor with Duncan Janitorial Service. He has never received any type of disciplinary action during his corrections career.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that a Final Order be entered dismissing the Administrative Complaint against the Respondent, John H. Girtman. RECOMMENDED this 13th day of December, 1993, in Tallahassee, Florida. ARNOLD H. POLLOCK, 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 13th day of December, 1993. APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-3299 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. FOR THE PETITIONER: 1. - 15. Accepted and incorporated herein. Rejected as hearsay evidence not properly corroborated by other admissible evidence of record. & 18. Accepted and incorporated herein. FOR THE RESPONDENT: 1. - 3. Accepted and incorporated herein. 4. - 6. Accepted. 7. - 12. Accepted. 13. - 15. Accepted and incorporated herein. 16. & 17. Accepted. 18. & 19. Accepted. Accepted. & 22. Accepted. COPIES FURNISHED: Steven O. Brady, Esquire Florida Department of Law Enforcement 400 West Robinson Street, N-209 Orlando, Florida 32801 Joan Stewart, Esquire 300 East Brevard Street Tallahassee, Florida 32301 A. Leon Lowry, II, Director Division of Criminal Justice Standards and Training Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
