The Issue This is a case in which, by Administrative Complaint served on Respondent on September 24, 1985, the Criminal Justice Standards and Training Commission seeks to revoke Certificate Number C-8690, which was issued to Respondent on April 10, 1981. As grounds for the proposed revocation it is asserted that Respondent lacks good moral character and is therefore in violation of Section 943.1395(5), Florida Statutes.
Findings Of Fact Based on the admissions and stipulations of the parties, on the exhibits received in evidence, and on the testimony of the witnesses at the formal hearing, I make the following findings of fact. The Respondent was certified by the Criminal Justice Standards and Training Commission on April 10, 1981, and was issued Certificate Number C-8690. Sometime on February 24 or 25, 1984, while the owners were away from home, the Respondent, Alton L. Moore, without the permission of the owners, broke into the home of Mr. and Mrs. Fred McElroy at the KOA Campground in Starke, Florida, and stole various items of personal property belonging to Mr. and Mrs. Fred McElroy, including cash in the amount of $600 or $700, a canvas bag, some checks and business records, and some jewelry. Alton L. Moore broke into the home for the purpose of stealing personal property and had no intention of returning the stolen property.
Recommendation For all of the foregoing reasons, it is recommended that the Criminal Justice Standards and Training Commission issue a Final Order revoking Respondent's Certificate Number C-8690. DONE AND ORDERED this 16 day of June 1986 in Tallahassee, Leon County, Florida. MICHAEL M. PARRISH, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of June 1986. APPENDIX The following constitute my specific rulings pursuant to Section 120.59(2), Florida Statutes (1985) on the proposed findings of fact submitted by the parties. Rulings on Proposed Findings of Fact Submitted by Petitioner Paragraph 1: Accepted as background and introduction information. Paragraph 2: Accepted. Paragraphs: 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14: Rejected as constituting unnecessary subordinate details (even though supported by competent substantial evidence). Consistent with these proposed findings, I have made the essential finding that the Respondent committed the crimes described in these paragraphs. Rulings on Proposed Findings of Fact Submitted by Respondent (None were submitted.) COPIES FURNISHED: Daryl G. McLaughlin, Director Criminal Justice Standards and Training Commission Florida Department of Law Enforcement P.O. Box 1489 Tallahassee, Florida 32302 Robert R. Dempsey, Executive Director Florida Department of Law Enforcement P.O. Box 1489 Tallahassee, Florida 32302 Joseph S. White, Esquire Office of General Counsel Florida Department of Law Enforcement P.O. Box 1489 Tallahassee, Florida 32302 Mr. Alton L. Moore Route 7, Box 544 Lake City, Florida 32055
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 Whether petitioner should take disciplinary action against respondent for the reasons alleged in the administrative complaint?
Findings Of Fact Respondent Aubrey Minor was certified by the Criminal Justice Standards and Training Commission on April 24, 1986, the day the Commission issued respondent a certificate, No. 23-86-002-01. In the late summer of 1988, Aubrey Minor worked as a correctional officer in the Escambia County Jail. On September 1, 1988, McArthur Young, an inmate, was so slow leaving the visiting area that respondent locked him in and left, in order to avoid further delaying escorting other inmates to their cells. When he returned to retrieve the recalcitrant inmate, and while he was escorting him down the corridor that runs by the control room, he repeatedly asked him his name. Exasperated at the inmate's failure to tell him, respondent Minor grabbed McArthur Young's arm in order to read the name written on the wrist band he wore. When Mr. Young pulled his arm away, Mr. Minor grew still angrier, and swung with full force, hitting McArthur Young in the jaw with the jail keys. Although only two six-inch brass keys were on the stainless steel ring when respondent hit the inmate, each weighed a pound, according to uncontroverted testimony. Shouting by both men had attracted the attention of other Escambia County Jail personnel. Correctional officer Michael D. Miles saw respondent swing while the inmate's arms hung at his sides. Reacting threateningly to the blow, McArthur Young stepped toward respondent Minor. By this time, Corporal Frank Mayo, who had reached the spot where the men stood, stepped between them. While another officer took respondent in hand, Corporal Mayo led the inmate to the infirmary, where the nurse gave him an ice pack. His jaw was red and slightly swollen but the tooth he claimed was loose did not seem loose to the nurse. In the ensuing internal investigation, respondent lied to his superiors, although he conceded that "he got a little bit out of control." T.37. After the investigators concluded that his use of force had not been justified, Escambia County terminated respondent's employment. Jail policy forbids the use of force, even in response to a verbal threat.
Recommendation It is, accordingly, RECOMMENDED: That petitioner revoke respondent's certificate. DONE and ENTERED this 1st day of June, 1990, in Tallahassee, Florida. COPIES FURNISHED: Abrey Minor 901 West Massachussetts Lot #17 Pensacola, FL 32505 Joseph S. White, Esquire Department of Law Enforcement Tallahassee, FL 32302 Jeffrey Long, Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, FL 32302 James T. Moore, Commissioner Department of Law Enforcement Post Office Box 1489 Tallahassee, FL 32302 ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of June, 1990.
Findings Of Fact On August 10, 1988, Metropolitan Dade County Department of Corrections and Rehabilitation, as the employing agency, applied for certification as a correctional officer on behalf of petitioner, Eddie Lewis (Lewis). Accompanying such application was an affidavit of compliance, dated August 10, 1988, signed by the Director of Metropolitan Dade County Department of Corrections and Rehabilitation (Department of Corrections) which comported with existing law, and which certified that such employing agency had collected, verified, and was maintaining on file evidence that Lewis had met the provisions of Section 943.13(1)-(8) and Section 943.131, Florida Statutes, or any rules adopted pursuant thereto. Among the provisions of section 943.13 is the requirement that the applicant of good moral character. 1/ By letter dated November 7, 1988, respondent, Florida Department of Law Enforcement, Criminal Justice Standards and Training Commission (Commission) notified Lewis and the Department of Corrections that his application for certification as a correctional officer was denied for lack of good moral character because: You made an intentional, unlawful threat by word or act, with a deadly weapon, a shotgun, but without intent to kill, to do violence to Walter Harrell, coupled with an apparent ability to do so, and did an act which created in Walter Harrell a well-founded fear that such violence was imminent. Following receipt of the Commission's letter of denial, Lewis filed a timely request for a Section 120.57(1), Florida Statutes, hearing. In his request for hearing, Lewis specifically denied that he had committed any of the acts which the Commission contended demonstrated a lack of good moral character. The Commission forwarded Lewis' request for hearing to the Division of Administrative Hearings to conduct a formal hearing. At hearing, the Commission offered no proof that Lewis had committed any of the acts contained in its letter of denial, or which otherwise rendered questionable the prima facie showing of good moral character demonstrated by Lewis.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Commission enter a final order approving Lewis' application for certification as a correctional officer. DONE AND ENTERED this 18th day of April 1989, in Tallahassee, Leon County, Florida. 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 18th day of April 1989.
The Issue The issue is whether the certification as a correctional officer issued to Willie L. Tillman (Tillman) should be revoked or otherwise penalized based on the acts alleged in the Administrative Complaint.
Findings Of Fact Tillman is certified as a correctional officer by the Commission, having been issued certificate number C-3171 on October 7, 1977. At all times relevant to the charges, Tillman was employed by the Volusia County Department of Corrections (VCDC) as a correctional officer at the Daytona Beach Correctional Facility. In June of 1988, Tillman held the rank of corporal, a promotional rank. His chain of command ran from Sergeant (now Lieutenant) Fitts through Lieutenant (now Captain) Bolton, his shift commander. Tillman knew or should have known that he had a duty to immediately report any use of force against an inmate and to obtain medical attention for any inmate against whom force was used. This duty to immediately report such an incident and to seek medical attention for the inmate involved is important for the health of the inmate and for the protection of the correctional institution and correctional officer against unwarranted claims of injury. At all times material to these charges, the policy and rules of the VCDC, as taught to correctional officers, required that correctional officers avoid one-on-one physical confrontations with inmates and recommended that a correctional officer faced with a potentially hostile or aggressive inmate attempt to disengage himself from the confrontation, diffuse the threat through conversation if possible, and obtain assistance from other officers before approaching or making physical contact with the inmate. The only exception to this rule of disengagement is in the case of a sudden or spontaneous attack by an inmate. On June 22, 1988, Tillman, a very large and muscular man, was making a head count at about 11:00 p.m. Tillman thought that inmate George Hoover had squirted toothpaste on his back as he walked past Hoover's cell. Tillman told the officer who was working with him to open the cell. Tillman then entered the cell and struck Hoover in the jaw and face with a closed fist. Hoover fell on to his bunk. Tillman did not report the incident and he did not seek medical attention for Hoover. Tillman had no valid reason for his failure to report the incident and he was not excused from reporting the use of force that night before leaving the job site. Hoover requested medical attention, which brought the use of force to the attention of the VCDC. Hoover suffered a loosened tooth from being struck by Tillman. When confronted with the matter, Tillman said that he entered Hoover's cell to remove contraband, namely cups of water and coffee. Hoover assumed a boxing stance and Tillman struck him in response to that perceived aggression. Tillman's stories then and at hearing are simply unbelievable. The incident report that Tillman finally wrote said he removed contraband cups of water and coffee from the cell. The officer with Tillman that night never saw any cups removed. At hearing for the first time Tillman said that the contraband consisted of cups of urine and feces which added to the level of threat which he felt. Tillman's testimony in this regard is contrary to his own reports prepared in 1988 and is contrary to anything Tillman had said or reported before the hearing. As the trier of fact, the undersigned simply finds that Tillman was not truthful in his testimony on this and other matters. It is also not believed that Hoover, a small man weighing about 150 pounds, assumed an aggressive boxing stance with Tillman, a man about twice his size. From the evidence it can only be concluded that Tillman engaged in an unprovoked and unnecessary use of force by striking Hoover with his fist. Based on the rules, policies and procedures of the VCDC, Tillman should not have entered Hoover's cell in a one-on- one confrontation after Hoover squirted toothpaste on him. After he had entered the cell, Tillman should have withdrawn and disengaged from the situation to avoid a confrontation even if Hoover had assumed an aggressive stance. Finally, after the use of force occurred, Tillman should have reported it and should have sought medical attention for Hoover immediately following the incident and should not have left work that night without doing these things. Tillman was verbally counselled about the rules and policies related to disengagement and reporting of use of force. On October 14, 1988, while supervising a group of inmates returning from eating, Tillman became involved in a vocal argument with inmate William F. Elmore. Tillman repeatedly goaded Elmore to hit him, but Elmore attempted to withdraw from Tillman. Tillman hit Elmore in the jaw with his closed fist. Elmore attempted to walk away from Tillman, but Tillman pursued him and threw him up against a wall more than once. Elmore was between 5'7" and 5'10" and weighed between 165 and 180 pounds. Tillman claimed that Elmore approached him with raised hands in a semi-boxing stance. No other witness, either officer or inmate, mentioned any such aggressive approach or stance on the part of Elmore. One officer said that he thought that Elmore tried to kick Tillman. One inmate said that Elmore may have flinched or something, but that he did not see any aggressive posture or movement by Elmore. Tillman did not disengage or attempt to avoid the one- on-one confrontation with Elmore, even when Correctional Officer Zima called to Tillman to offer help. Instead, Tillman was aggressive and abrasive with Elmore. Tillman then over-reacted to the situation which he had provoked and used excessive force against Elmore. As a result of this incident, Tillman was recommended for termination, but he successfully appealed the termination and was instead suspended for ten days. Tillman was counseled that his interpretation of the use of force rules was erroneous and was told that when an inmate assumes an offensive posture such as a boxing stance, Tillman was not to strike the inmate. In the early morning of July 15, 1989, Tillman instructed Correctional Officer Trainee Anderson to open the cell door of inmate Michael P. Frascella, so that Frascella could clean up a mess he had made in and around his cell. Frascella was in an observation cell because of an earlier disturbance he had created. After cleaning up, Frascella was returning to his cell and noticed an apple on the desk. He reached for it and Tillman told him to put it back. Tillman then hit Frascella in the face with a closed fist. Frascella fell to the floor. Anderson heard the sound of the fall, looked over, and saw Frascella laying on the floor, glassy-eyed and bleeding from the mouth area. Tillman denies that he touched Frascella in any way and says he never saw Frascella on the floor or with blood on his face. This is why he says no use of force report was ever filed. Frascella's testimony is more credible regarding this incident than is that of Tillman. While it is clear that Frascella bears ill feelings toward Tillman because of the incident, his statements are more consistent with those of Anderson. Tillman clearly did not tell the truth regarding the incident with inmate Hoover and there is considerable doubt about his truthfulness regarding Elmore. There is no reason to believe that Tillman has been any more forthright about what happened with Frascella. Based on the demeanor and credibility of the witnesses, it is concluded that Frascella's version is the closest to the what actually happened that morning. Former inmate and trustee Dwight Jensen testified about an incident in which Tillman struck an inmate with no justification. While it cannot be determined whether that inmate was Frascella, the testimony of Jensen is probative regarding Tillman's moral character and suitability to retain his certification as a correctional officer. From Jensen's testimony it can only be concluded that on an occasion which may or may not have been the one involving Frascella, Tillman struck an inmate in the face and nose in retaliation for verbal abuse from that inmate. That inmate's nose was so badly injured that Jensen was required to mop up considerable blood from the floor. That inmate was provided with no medical attention because he was placed on a bus to Starke within a couple of hours after he was struck. Jensen was incarcerated from 1988 to March of 1990. Since Tillman was suspended following the incident with Frascella until his termination, it is further concluded that Jensen's testimony relates to the same time frame as that relevant to this complaint.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Criminal Justice Standards and Training Commission enter a Final Order and therein revoke certificate no. C-3171 issued to Willie L. Tillman. DONE and ENTERED this 14th day of October, 1992, in Tallahassee, Florida. DIANE K. KIESLING 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 14th day of October, 1992. APPENDIX TO THE RECOMMENDED ORDER IN CASE NO. 92-3263 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on the proposed findings of fact submitted in this case. Specific Rulings on Proposed Findings of Fact Submitted by Petitioner, Criminal Justice Standards and Training Commission Each of the following proposed findings of fact is adopted in substance as modified in the Recommended Order. The number in parentheses is the Finding of Fact which so adopts the proposed finding of fact: 1(1); 2(2); 3&4(3); 5(6); 6&7(4); 8(5); 9(6); 14&15(7); 23&24(16); 25&26(17); 27(18); 29(21); 30(22); 31&32(23); 33(24); 34&35(25); and 38(26). Proposed findings of fact 10-13, 16-22, 28, 36, and 37 are subordinate to the facts actually found in this Recommended Order. COPIES FURNISHED: John P. Booth Assistant General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Willie L. Tillman 2400 Spring Hollow Drive Orange City, Florida 32763 Jeffrey Long, Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302 James T. Moore, Commissioner Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302
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 This is a case in which, by Administrative Complaint served on Respondent on September 17, 1985, the Criminal Justice. Standards And Training Commission seeks to revoke Certificate Number 502-3415, which was issued to Respondent on November 5, 1982. As grounds for the proposed revocation it is asserted that Respondent lacks good moral character and is therefore in violation of Section 943.1395(5), Florida Statutes.
Findings Of Fact Based on the admissions and stipulations of the parties, on the exhibits received in evidence, and on the testimony of the witnesses at the formal hearing, I make the following findings of fact. The Respondent was certified by the Criminal Justice Standards And Training Commission on November 5, 1982, and was issued Certificate Number 502-3415. During December of 1984 and January of 1985, the Respondent was employed as a correctional officer at the Polk Correctional Institution. On January 29, 1985, Polk County Sheriff's Deputy Lawrence Annen and Department of Corrections Inspector Clayton Lambert served a search warrant and conducted a search inside the Polk County, Florida, residence of the Respondent and his wife. Upon the arrival of Deputy Annen and Inspector Lambert at the Respondent's home on January 29, 1985, the Respondent was present and was advised of the warrant and of his constitutional rights under the Miranda decision. The Respondent indicated that he understood his rights. Subsequent to the foregoing, the Respondent led then Deputy and the Inspector to a quantity of cannabis, which was present inside Respondent's residence. The Respondent pointed out the cannabis and stated "here it is" and "this is all I have." During the execution of the search warrant, the Respondent also stated that he and his wife had purchased the marijuana for $25 an ounce or baggie. The cannabis was seized by Deputy Annen as evidence and was later submitted to the Florida Department of Law Enforcement crime laboratory for analysis. It was confirmed by scientific analysis to be 9.1 grams of cannabis. On January 31, 1985, the Respondent was again advised of his constitutional rights under the Miranda decision by Inspector Lambert. The Respondent thereafter admitted smoking cannabis because it relaxed him and admitted giving his wife money with which to buy cannabis. The Respondent readily admitted, during the course of the formal hearing in this case, that he had unlawfully possessed and used cannabis and had furnished the funds for his wife to purchase cannabis. The Respondent was adjudged guilty, on March 20, 1985, as to the criminal charge of Possession of Less Than Twenty Grams of Cannabis before the County Court, in and for Polk County, Florida.
Recommendation For all of the foregoing reasons, it is recommended that the Criminal Justice Standards And Training Commission issue a Final Order revoking Respondent's Certificate Number 502-3415. DONE AND ORDERED this 16th day of May, 1986, at Tallahassee, Florida. MICHAEL M. PARRISH, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of May, 1986. APPENDIX The following are my specific rulings on each of the proposed findings of fact submitted by the parties. Findings proposed by Petitioner Paragraph 1 of the Petitioner's proposed findings consists of a summary of the procedural history of this case. It is rejected as a finding of fact, but is incorporated in substance into the introductory information in this Recommended Order. The following paragraphs of Petitioner's proposed findings are all accepted with a few minor editorial changes: 2, 3,-4, 5, 6, 7, 8, 9, 11, and 12. The substance of paragraph 10 of Petitioner's proposed findings is accepted with the deletion of unnecessary subordinate details. Findings proposed by Respondent The Respondent did not file any proposed findings of fact. COPIES FURNISHED: Joseph S. White, Esquire Office of General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Mr. Harry C. Frier Post Office Box 2062 Lakeland, Florida 33802 Daryl G. McLaughlin, Director Criminal Justice Standards And Training Commission Department of Law Enforcement P. O. Box 1489 Tallahassee, Florida 32302 Robert R. Dempsey, Executive Director Department of Law Enforcement P. O. Box 1489 Tallahassee, Florida 32302
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 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 October 29, 1997, and was issued correctional certificate No. 175702. At times relevant to the inquiry Respondent was employed at the Gadsden Correctional Facility as a Senior Correctional Officer. Corrections Corporation of America (CCA) ran Gadsden Correctional Facility during the period in question. On February 26, 20004, on a medical enrollment worksheet for insurance provided by CCA, Respondent wrote in the name Tamara S. Ross and identified Tamara Ross as his wife. Similarly, on a dental/disability worksheet for insurance executed on the same date, Respondent wrote the name Tamara S. Ross, in a block within the form which was intended for use in identifying the applicant's spouse. In both insurance plans Respondent, by executing the applications, had added Tamara S. Ross to the coverage. When placing his signature on the application forms to add Tamara S. Ross to the coverage he confirmed, consistent with each form, "I am also certifying that all of the information, including dependent information, that I have provided on this form is accurate." At the time the applications were made requesting that Tamara S. Ross be added for medical and dental/disability coverage as Respondent's wife, the person identified as Tamara S. Ross was not the wife of Respondent. At an earlier time she had identified herself as Tamara Moore. In a document found within Respondent's personnel file maintained by his employer CCA, a reference is made to "Tamara" who is described as "my fiancée." On November 11, 2004, Respondent resigned his position as Senior Correctional Officer at the Gadsden Correctional Facility.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That a Final Order be entered finding violations pertaining to Sections 838.022 and 943.1395(7), Florida Statutes (2003), and Florida Administrative Code Rule 11B-27.0011(4)(a), while dismissing the part of the case referring to Section 943.1395(6), Florida Statutes (2003), and suspending the correctional certificate held by Respondent for 30 days. DONE AND ENTERED this 11th day of August, 2005, 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 11th day of August, 2005. COPIES FURNISHED: Linton B. Eason, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Joe L. Ross, III 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 is whether Respondent's correctional certificate should be disciplined for the reasons cited in the Administrative Complaint filed on April 25, 1995, as amended.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: Respondent, Oliver Rawls, is a certified correctional officer, having been issued Correctional Certificate No. 76362 on January 29, 1982, by Petitioner, Criminal Justice Standards and Training Commission (Commission). When the relevant events herein occurred, Respondent was employed as a correctional officer by the Gulf Correctional Institution (GCI) in Wewahitchka, Florida. In an Administrative Complaint filed on April 25, 1995, as later amended on June 5, 1998, the Commission charged that: on July 30, 1993, Respondent committed "acts constituting sexual harassment against Angela Godwin," a correctional officer at GCI, by "grabbing her and attempting to kiss her against her will;" (b) on October 20, 1992, Respondent committed "acts constituting sexual harassment against Ima Millender," a correctional officer at GCI, by "calling her into his office and telling her that he had begun to care for her and when she spurned his advances, followed her home after work and attempted to stop her vehicle;" and (c) on May 4, 1994, Respondent did "intentionally strike Eula J. Rochelle, a former correctional officer . . . by trying to force his way into her home without her permission, [and] scratched and bruised her arm." Respondent disputed these allegations and initiated this proceeding. Angela Godwin was a correctional officer at GCI from June 1993 to August 1994. Respondent was her immediate supervisor during her employment. She was originally assigned to work in the officer's station of the E dormitory during the 11:00 p.m. to 7:00 a.m. shift. On the evening of July 30, 1993, Godwin was working in the officer's station when Respondent knocked on the door. She let him in while he signed a logbook and answered a telephone call. Respondent then asked Godwin to let him into an adjoining laundry room. When she opened the door, and followed him a short ways into the darkened room, he grabbed Godwin by her shoulders and pulled her towards him trying to kiss her. Godwin pushed Respondent away and told him to stop. Respondent then allowed her to return to duty. Even so, Godwin was "frightened" by Respondent's conduct and felt intimidated. When the incident occurred, Godwin was on probation and was afraid to report the incident for fear of losing her job. Shortly thereafter, Respondent had Godwin transferred from the control room to the tower, which is a less desirable assignment. It can be reasonably inferred that this employment decision was based on Godwin's rejection of Respondent's advances. Ima Millender was a correctional officer at GCI from September 1992 until September 1996. Respondent served as her supervisor. In October 1992, Millender worked the 3:00 p.m. to 11:00 p.m. shift in the control room. On October 20, 1992, Respondent summoned Millender to his office, which was down a hallway behind the control room. After handing her some papers to type, he told her he "had feelings" for her that were other "than job-related feelings," that he "really cared" for her, and he was "having trouble working around [her because of] his feelings." Respondent also knew that Millender car-pooled with two other officers to work, and he told her that he had reassigned those officers so that she "would have at least one night [a week] driving back and forth by [herself]." Although Millender felt "uncomfortable" by Respondent's statements, and they created an intimidating working environment, she said nothing at the time because she was on probation. The next evening, Millender was driving home alone around 11:30 p.m. on State Road 71. A car drove up behind her and the driver began blinking his lights. The car then pulled along side her car, and she recognized Respondent's vehicle. Respondent then pulled in front of her, braked, and forced her off the road. Millender immediately locked her doors, rolled down one window and asked him what he thought he was doing, and then evaded him by driving over the grass median. Millender filled out an Incident Report on October 22, 1992, in which she described the conversation which occurred in Respondent's office. She later decided not to file the report. Eula J. Rochelle was a correctional officer at GCI from February 1993 to February 1994. Respondent also served as her immediate supervisor. During her tenure at GCI, at Respondent's behest, Rochelle engaged in an "intimate relationship" with Respondent but eventually resigned her position to end the affair. On the morning of May 4, 1994, Respondent came to her home in Panama City and knocked on the door. When she cracked open the door, Respondent attempted to force his way into the home. During a struggle at the door, Respondent grabbed Rochelle's hair and bruised her. By doing so, Respondent committed battery upon the victim. Rochelle eventually broke free and called 911 to report the incident. When the police were called, Respondent immediately left the home. Although Respondent was charged with battery, Rochelle later withdrew the charges because she "did not wish to get him in trouble" or cause him "to lose his job." Respondent's correctional certificate was placed on probation by the Commission during the period of December 21, 1994, through June 20, 1995, for driving under the influence of alcohol. As a condition of probation, Respondent was ordered not to violate any provision within Chapter 943, Florida Statutes, or Chapter 11B-27, Florida Administrative Code. Since all offenses described herein occurred before the period of probation, Respondent did not violate the terms of the Commission's order.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Criminal Justice Standards and Training Commission enter a final order determining that Respondent has failed to maintain good moral character as required by state law, and that his law enforcement certificate be revoked. DONE AND ENTERED this 10th day of July, 1998, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (850) 488-9675, SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 10th day of July, 1998. COPIES FURNISHED: A. Leon Lowry, Director Division of Criminal Justice Standards and Training Post Office Box 1489 Tallahassee, Florida 32302-1489 Michael R. Ramage, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 James D. Martin, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Oliver Rawls
