The Issue Whether Respondent, a certified correctional officer, committed the offenses alleged in the Administrative Complaint and the penalties, if any, that should be imposed.
Findings Of Fact Respondent has been certified as a Correctional Officer in the State of Florida since March 9, 1994. There was no evidence that he had been the subject of any prior disciplinary action. At all times material to this proceeding, the Department employed Respondent as a Correctional Officer. 2/ On December 21, 1999, Respondent reported for his scheduled duty shift at the Turner Guilford Knight Correctional Center (the TGK Center). The TGK Center is a jail located in Miami-Dade County and operated by the Department. Respondent was scheduled to work the shift beginning at 6:30 a.m. and ending at 2:30 p.m. On December 21, 1999, Respondent was assigned as a unit manager at the TGK Center. His responsibilities included the care, custody, and control of all inmates in his assigned unit of the facility. Respondent was responsible for conducting visual inspections of the unit and inmate headcounts. Visual inspections and inmate headcounts are separate procedures. In a visual inspection, the officer looks for anything out of the ordinary by walking around the entire unit, looking into each cell, and checking on all inmates. In a headcount, the officer accounts for the presence of each inmate by counting the inmates in the unit. At the times pertinent to this proceeding, Respondent was required to document his activities at the TGK Center by making written entries in a Unit Logbook. Upon reporting for duty at 6:30 a.m., Respondent made an entry in the Unit Logbook recording the time, his presence on duty at "0630," and his receipt of certain equipment from the previous shift. Respondent made a second entry in the Unit Logbook at 6:43 a.m. As the first line of the second entry, Respondent inserted in the Unit Logbook the following: "0643-Visual check of unit/inmates all app QRU." The first line of the second entry would convey to other officers reviewing the Unit Logbook that Respondent had determined through a visual inspection that all was well throughout the unit at approximately 6:43 a.m. 3/ As the second line of the second entry, Respondent inserted in the Unit Logbook the following: "H/C B W H." That entry would convey to other officers reviewing the Unit Logbook that Respondent had intended to conduct an inmate headcount and list each inmate in one of the following categories: Black, White, or Hispanic. Because no numbers were inserted next to each designated category, it would have been clear to other officers reviewing the Unit Logbook that Respondent had not completed the inmate headcount. Respondent became preoccupied with preparations for serving the inmates their morning meal, which he intended to serve early because he was expecting supplies to be delivered that morning. Respondent did not complete the headcount he had intended to take. Shortly before 9:30 a.m., Respondent assigned an inmate trustee to assist him with the meal preparations and told the trustee to find another inmate to help. The trustee then went to another part of the unit to look for another inmate to help with preparations for the meal. Shortly thereafter, Respondent heard the inmate trustee screaming, and Respondent immediately went to investigate. At 9:30 a.m., Respondent arrived at cell 5520 and observed inmate Carlos Nevis hanging in front of the window of the door. Mr. Nevis' body was readily observable from outside the room through the window of the door. Rigor mortis had set in, which indicated that Mr. Nevis had hanged himself prior to the time Respondent reported to work. Respondent did not perform a visual check of the inmates in the unit at 6:43 a.m. as he recorded in the Unit Logbook. Had Respondent actually performed the visual checks at that time, he would have discovered Mr. Nevis' body. The first line of the second entry made by Respondent in the Unit Logbook entry at 6:43 a.m. indicating that he had made a visual check of the "unit/inmates" and that all appeared "QRU" was false. Respondent had not performed a visual inspection to determine the status of the unit.
Recommendation Based on the foregoing findings of fact and conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order finding that Respondent failed to maintain good moral character, as required by Section 943.1395(7), Florida Statutes. It is further recommended that Respondent's certification be suspended for a period of six months and that he thereafter be placed on probation for a period of two years. As a special condition of probation, Respondent should be required to complete an ethics course approved by Petitioner. DONE AND ENTERED this 21st day of August, 2002, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 21st day of August, 2002.
