The Issue At the commencement of the hearing, the parties stipulated that Petitioner had filed applications for Class "A" and Class "C" licenses and was qualified except for the failure to demonstrate good moral character. The bases for the dispute over Petitioner's character were: Petitioner's arrest record; Petitioner's alleged falsification of his applications as to his employment with the Pittsburgh Police Department; and Petitioner's check for the application fee was dishonored for insufficient funds.
Findings Of Fact The Petitioner duly filed applications with the Department of State, Division of Licensing for Class "A" and Class "C" licenses. Except for matters related to Petitioner's good moral character, Petitioner is qualified for licensure. Petitioner's application reflects that he answered the question whether he had been arrested affirmatively with the following comment: The Courts of the Commonwealth of Pennsylvania in all five cases from 1965 to 1974 - ruled that as a Police Officer, I acted within the scope of my authority - These cases stem from being an undercover Narcotics Officer. The Petitioner's arrest records as maintained by the Federal Bureau of Investigation reveal several juvenile offenses, not considered by the Department and not at issue. This record also reveals the following arrests of Petitioner as an adult: Date Place Charge Disposition 06/09/66* Pittsburgh VDD & CA Not guilty 08/15/66* Pittsburgh VUFA Not guilty 08/20/66* Allegheny County VDDCA 06/24/67* Allegheny County VUFA Unavailable per contra 06/30/70 *Only one offense with different charges made on different dates 09/05/74 Allegheny County Theft, VUFA Discharged 09/23/74 05/07/75 Allegheny County Fraud - imper- sonating a public servant 12/19/79 Office of Provost No charge No charge Martial Petitioner presented testimony and supporting documentary evidence that the arrests reported on the FBI criminal history for the dates 06/09/66 through 06/24/67 were all related to the same offense, and that these charges were resolved in favor of the Petitioner by a verdict of not guilty. See Petitioner's Exhibit #1. The judge arrested judgment of the two years' probation for the charge of 05/07/75. See Respondent's Exhibit #2. Petitioner stated that based upon his status as a capital police officer he was not guilty of fraud or impersonation of a public servant. The Petitioner's remaining arrest was on 09/05/74, and was discharged. Petitioner's explanation of these arrests is not consistent with the explanation stated on his application form. According to the resume accompanying his application, Petitioner was employed on the indicated dates in the following positions: Date Position 1963 to 1965 Globe Security 1965 to 1970 Pittsburgh Police Department, special patrolman 1970 to 1973 NAACP special investigator and Bucci Detective Agency 1972 to 1976 Commonwealth Property Police with State of Pennsylvania 1973 to 1974 Part-time security guard in addition to employment listed above May, 1976 January, 1977 Federal Civil Service guard March, 1977 September, 1977 Part-time security guard with A&S Security December, 1978 Sears, Roebuck and Company as to June, 1980 undercover security investigator February, 1979 Security guard to June, 1980 September, 1979 VA, guard at VA Hospital GS5 to June, 1980 June, 1980 Came to Florida Petitioner stated that his check for the application fee bounced because of his travel back and forth to Pennsylvania to try to develop the data to support his application, which depleted his bank account. He has since made the check good and paid the fees by money order.
Recommendation The Petitioner has failed to establish that he has the requisite good character for licensure; therefore, it is recommended that the Petitioner's applications for Class "A" and Class "C" licensure be denied. DONE and ORDERED this 19th day of April, 1982, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Mr. James Barnett 758 Woodville Road Milton, Florida 32570 James V. Antista, Esquire Assistant General Counsel Department of State Division of Licensing R. A. Gray Building, Room 106 Tallahassee, Florida 32301 STEPHEN F. DEAN, Hearing Officer 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 19th day of April, 1982. George Firestone, Secretary Department of State The Capitol Tallahassee, Florida 32301
Findings Of Fact At all times material hereto Respondent has held Certificate Number 502-3664 issued by Petitioner, and has been employed as a correctional officer at the Dade County jail since October, 1982. In May, 1984, Respondent was working as a correctional officer assigned to the Dade County Stockade on the 3:00 p.m. to midnight shift. He had been assigned to the Stockade approximately one year earlier. Rene Cruz was an inmate at the Dade County Stockade in May, 1984, who had attained trustee status. A trustee is given more freedom in the Stockade than other inmates and can remain outside of his cell for periods each day after other inmates are locked up. Dion Chian was also an inmate at the Stockade in May, 1984. In late April or early May, 1984, inmate Chian was placed in "the hole" at the Stockade for possessing marijuana after his return from a work detail. At the same time Respondent started locking up Cruz when he came on duty at 3:00 p.m. because he had smelled marijuana in "the hole" in an area close to Cruz. Although he never saw Cruz smoke marijuana, he considered him a trouble maker. By locking up Cruz every day, Respondent took an important privilege away from trustee Cruz. Cruz testified that in late May, 1984, Respondent had oral sexual contact with an inmate in "the hole" at the Dade County Stockade. Chian confirms the incident, claiming he was the inmate involved. However, the testimony of these inmates is not credible. Cruz stated that the inmate involved in the incident was a black male with light skin, but Chian is a dark skinned black male. Cruz was unclear about the details of the alleged incident, including where and when it took place, the identity of the inmate involved, and the relative positions of Respondent and the other inmate during the incident. He testified that he only observed the incident in progress for "a second." Chian's testimony conflicted with that of Cruz concerning the location of the incident and also his role in the incident. Cruz testified that the inmate was having oral sex with Respondent, while Chian testified that Respondent was the active participant in the incident with him. Chian alleged that a second incident took place, but this testimony is not supported and is not credible. Anthony Campos, a Police Benevolent Association (PBA) representative, testified that Respondent admitted the incident to him. However, Lou Altobelli, an elected director of the PBA, and Nelson H. Perry, President of the Dade County PBA, testified that Campos has a reputation as a "story-teller" and for not telling the truth. Perry discussed the incident involving Respondent with Campos on three occasions and Campos never told him that Respondent had admitted the allegations. In Perry's conversations with Respondent, the charges were vehemently denied by Respondent. Based upon all of the testimony presented, a finding cannot be made that Respondent admitted his participation in this incident. On or about June 10, 1984, Respondent was confronted with the allegation by his superiors at the Dade County Stockade. He testified that he was initially very concerned about the negative impact and publicity that would occur if he contested the charges, especially because his father is a law enforcement officer in Dade County, and so he submitted his resignation. However the next day he withdrew his resignation, was suspended, and the matter was then turned over to the State Attorney's Office for investigation. No criminal charges were ever filed, and that investigation has been closed. Following a local hearing, Respondent has been reinstated as a correctional officer at the Dade County jail and has been assigned to the information booth.
Recommendation Based upon the foregoing, it is recommended that the charges contained in the Administrative Complaint be dismissed. DONE and ENTERED this 17th day of December, 1985, at Tallahassee, Florida. DONALD D. CONN, 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 17th day of December, 1985. APPENDIX (DOAH Case No. 85-1142) Rulings on Petitioner's Proposed Findings of Fact: Adopted and included in introductory material. Adopted in Findings of Fact 2 and 3. Rejected as irrelevant and unnecessary. Adopted in Finding of Fact 3. 5-7 Rejected as not based on competent substantial evidence in the record. 8-12 Rejected based on Findings of Fact 4 and 5, and otherwise not based on competent substantial evidence in the record. Adopted in Finding of Fact 3. Rejected as irrelevant and unnecessary. 15-22 Rejected based on Findings of Fact 4 and 5, and otherwise not based on competent substantial evidence in the record. 23,24 Adopted in Finding of Fact 6. 25 Adopted in Finding of Fact 7. 26-29 Rejected based on Finding of Fact 6 and otherwise not based on competent substantial evidence in the record. Rejected as irrelevant and unnecessary. Rejected as not based on competent substantial evidence in the record. Rulings on Respondent's Proposed Findings of Fact: 1.2 Adopted in part in Findings of Fact 3, 4, 5 but otherwise rejected as irrelevant and not based on competent substantial evidence in the record. 3-5 Adopted in part in Finding of Fact 6 but otherwise rejected as unnecessary and not based on competent substantial evidence in the record. 6 Adopted in part in Findings of Fact 1, 2, 4 but otherwise rejected as irrelevant and not based on competent substantial evidence in the record. COPIES FURNISHED: Joseph S. White Assistant General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Douglas C. Hartman, Esquire 2212 Biscayne Boulevard Miami, Florida 33137 Daryl G. McLaughlin Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302
