The Issue The issue in this case is whether Respondent committed an act of violence against, or wrongfully detained, Beatrix Shadwell and, if so, what penalty should be imposed.
Findings Of Fact Respondent holds a Class "D" Security Officer license, Number D93- 16229, and a Class "G" Statewide Firearm license, Number G93- 03349. On March 2, 1996, Respondent's wife telephoned the Collier County Sheriff Office from a convenience store and asked for assistance. A deputy was dispatched to the convenience store to talk to her. Respondent's wife was distraught when the deputy arrived. She said that she was afraid that something was wrong with her husband. She told the deputy that he had shot a gun when she had left the house and she was afraid that he had shot himself. In response to questioning, Respondent's wife, who had redness around her throat and small cuts on her hands, admitted that she and her husband had had an argument. The deputy accompanied Respondent's wife to her home. He searched the house without finding Respondent, although he found several guns, including some loaded. He then questioned Respondent's wife more closely. According to the deputy, Respondent's wife admitted that her husband had physically abused her by grabbing her by the throat, handcuffing her, taping her mouth closed, and putting a gun to her head and threatening to kill her. The deputy took a sworn statement to this effect by writing down what Respondent's wife said and having her sign it. Respondent's wife testified that nothing happened except that she and her husband had an argument. She claimed that her written statement is inaccurate due to her exaggerations and difficulties with English. Respondent's wife is Panamanian and has not resided in the United States for long. She speaks and understands English reasonably well, but not perfectly. While the deputy was speaking with Respondent's wife, Respondent telephoned the house. The deputy ordered him to come home and talk to the deputy. When Respondent returned home, the deputy gave him his Miranda rights and asked him about the incident. Respondent admitted pointing an unloaded weapon at his wife. Petitioner has not proved by clear and convincing evidence all of the facts contained in the statement of Respondent's wife. Her language problems raise some doubt as to the accuracy of the now-repudiated statement. However, Respondent admitted to the deputy that he pointed an empty gun at his wife. This evidence is unrebutted by other evidence because Respondent elected not to testify, and his wife did not discredit this portion of the deputy's testimony.
Recommendation Based on the foregoing, it is RECOMMENDED that the Division of Licensing, Department of State, enter a final order revoking Respondent's Class "D" and Class "G" licenses. ENTERED on October 19, 1995, in Tallahassee, Florida. ROBERT E. MEALE 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 on October 19, 1995. COPIES FURNISHED: Hon. Sandra B. Mortham Secretary of State The Capitol Tallahassee, FL 32399-0250 Phyllis Slater, General Counsel Department of State The Capitol, PL-02 Tallahassee, FL 32399-0250 Kristi Reid Bronson Assistant General Counsel Department of State Division of Licensing The Capitol, M.S. Number 4 Tallahassee, FL 32399-0250 Steve Edmund Shadwell, pro se 1880 51st St. SW Naples, FL 33999
The Issue The first issue to be determined is whether Respondent failed to maintain good moral character in violation of section 943.1395(7), Florida Statutes (2011), as alleged in the Administrative Complaint. If so, the second issue for consideration is what penalty should be imposed for such a violation.
Findings Of Fact At all times relevant to this proceeding, Respondent was a certified law enforcement officer, having been issued Law Enforcement Certificate Number 194525 by the Criminal Justice Standards and Training Commission. At the time of the incident in question, Respondent was employed by the FHP. For an unspecified time prior to July 11, 2011, Respondent was involved in a relationship with a woman named Tamarah Rasmussen. For some period, she shared his home with him. However, in the weeks or months preceding July 11, 2011, the couple’s relationship had deteriorated, and Respondent wanted it to end. He had, however, allowed her to remain in the home “as a friend.” On July 10, 2011, the couple had a fight, and Respondent left the house. On July 11, 2011, Respondent returned to the home after his work shift, and told Ms. Rasmussen that he wanted their relationship to end. Respondent told her he wanted to sleep in a separate bed, and took the mattress pad off of a bed in a bedroom downstairs and put it on a separate bed upstairs. Ms. Rasmussen reacted by taking the mattress pad off of the second bed and throwing it out the window. Respondent retrieved the mattress pad. Ms. Rasmussen then poured a container of water on the bed where Respondent intended to sleep. Respondent turned on the video function on his cellular phone and asked Ms. Rasmussen about her actions. She responded by telling him he was a fool and an idiot, and that he was crazy. In what can be gleaned from the tape, Respondent asked her to take her things and leave. Instead, Ms. Rasmussen approached Respondent trying to get his phone as he started to go upstairs, and began hitting him. He can be heard on the cell phone recording repeatedly asking her to stop. Ms. Rasmussen repeatedly answered “no,” and “this was good enough for you last night,” and the sound of her striking Respondent can be heard clearly. This altercation occurred as Respondent attempted to retreat up the stairs. At one point, Respondent exclaimed that Ms. Rasmussen had hit him in the face, and Ms. Rasmussen responds, “yeah, I did.” Respondent and Ms. Rasmussen end up in what appears to be a walk-in closet upstairs. At that point, Respondent told Ms. Rasmussen that she was “going down,” and that he would “arrest her myself.” Respondent appeared to be out of breath. Ms. Rasmussen responded by telling him repeatedly that she was not under arrest and he was not arresting her for anything. She told him several times to stop, and to “get off of her,” stating that she could not breathe. Eventually, she told him that he had won, and asked him to help her up. Ms. Rasmussen testified that Respondent dragged her up the stairs, hitting her head on the stairwell on the way up. She testified further that he slammed her against the wall, handcuffed her behind her back, and was sitting on top of her while he did so, and while she pleaded with him to stop. According to her, Respondent hit her several times during the time they were in the closet, and then dragged her back down the stairs by the chain on the handcuffs. She also stated that Respondent threatened to kill her, saying that if he did so he could dispose of her body in the pond on the property and no one would know unless they drained the pond. Respondent, on the other hand, testified that Ms. Rasmussen began hitting him around the head and neck, and he was retreating up the stairs in an effort to get away from her, telling her repeatedly to stop. He testified that once they reached the closet, he told her he was arresting her and placed her hands behind her back in order to handcuff her. When she told him he was not arresting her for anything, he warned her not to “make me Taze you,” and finished placing the handcuffs on her wrists, behind her back. Respondent denied sitting on Ms. Rasmussen, saying that he knelt on one knee with one foot flat on the floor, and with Ms. Rasmussen secured between his legs, as he learned in law enforcement training. While Ms. Rasmussen testified that he dragged her down the stairs of the house and then threw her down the outside steps, Respondent testified that he carried her down the stairs of the home so as not to injure her, but that she was resisting him. While the taped recording contained sounds indicating that Respondent was being hit by Ms. Rasmussen going up the stairs, the same is not true with respect to the descent. Ms. Rasmussen can be heard telling Respondent to stop, but there is no sound that can be attributed to her head banging against the wall or anyone being dragged down the stairs. Once they were both downstairs, Respondent called in a “1024” on his FHP radio, which means “officer in jeopardy, send help as soon as possible.” The consensus of those officers testifying was that this call is rarely used and is the equivalent of “calling the calvary,” because the officer needs help immediately. Both Rasmussen and Respondent exited the home once the 1024 call was placed. Rasmussen testified at hearing that Respondent offered to take the handcuffs off of her and she refused the offer, saying that she wanted the responding officers to “see me exactly this way.” She got in his truck, which was parked near his locked law enforcement vehicle, and shut the door to get out of the rain. Law enforcement responding to the 1024 call were Marcus Bailey, an investigator with the Bay County Sheriff’s Office; FHP Major Eddie Johnson; and Lieutenant Davis Ward of the Bay County Sheriff’s Office. Their arrival at the home was approximately twelve minutes from the call being received by the FHP dispatcher. The Bay County Sheriff’s Office conducted the investigation of the matter, and because a law enforcement officer was involved, the investigation was conducted by supervisors. As a result of the incident, Respondent was placed on administrative duty on July 11, 2012, and terminated from the FHP July 16, 2012. The officers who responded all saw the video of the cell phone recording, which was also played several times during the course of the hearing. While, curiously, two of the three refer to Respondent as “taunting” Ms. Rasmussen at the beginning of the video, the video does not display or record anything that the undersigned could describe as taunting. It portrayed Respondent expressing dismay at Ms. Rasmussen’s behavior; Respondent requesting that she get her things and leave; Ms. Rasmussen’s angry response; the sounds of Ms. Rasmussen hitting Respondent; Responding placing her under arrest and reciting her rights; and Ms. Rasmussen’s angry response and cries for help and for Respondent to let her go. Respondent’s supervisor, Sergeant Ronnie Baker, testified that Respondent was a great employee who went “above and beyond,” and who prior to this incident (which Sergeant Baker did not witness), had no complaints against him. Sergeant Baker, among others, testified that Ms. Rasmussen had a reputation for untruthfulness. The undersigned reviewed the tape several times. It is of limited assistance in deciphering what is, in reality, an event where the only witnesses are the participants, Respondent and Ms. Rasmussen. However, after listening to the tape and observing the demeanor of witnesses (both at hearing and in the tape), Ms. Rasmussen’s account of the incident is simply not credible. The sounds on the tape clearly support the testimony that Ms. Rasmussen was hitting Respondent repeatedly as they went up the stairs. There are no corresponding sounds to support her contention that he slammed her head into the wall or dragged her down the stairs. Moreover, the pictures of Ms. Rasmussen do not clearly depict bruising or swelling consistent with her description of the incident. There are slight red marks on Ms. Rasmussen’s wrists, but they do not provide clear and convincing evidence that he dragged her anywhere, much less down the stairs. The marks on her arms are just as likely to indicate her resisting his efforts to carry her down the stairs. Moreover, her claim that he threatened to kill her and dispose of her body in the pond on the property is totally inconsistent with Respondent’s actions in placing a 1024 request for assistance, and waiting at the front of the property for assistance to arrive. The Administrative Complaint charges Respondent with use of excessive force by slamming Ms. Rasmussen’s head and/or placing handcuffs on the victim tightly and/or dragging her down the stairs while handcuffed. There is no clear and convincing evidence that Respondent slammed Ms. Rasmussen’s head against anything; that he put the handcuffs on her too tightly; or that he dragged her down the stairs while handcuffed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Commission enter a Final Order dismissing the Administrative Complaint. DONE AND ENTERED this 29th day of January, 2013, in Tallahassee, Leon County, Florida. S LISA SHEARER NELSON 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 29th day of January, 2013. COPIES FURNISHED: Linton B. Eason, Esquire Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Philip S. Spaziante (Address of record) Sandra Renee Coulter, Esquire Room A432 2900 Apalachee Parkway Tallahassee, Florida 32399 Michael Ramage, General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Gerald M. Bailey, Commissioner Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
The Issue The issue for consideration in this hearing is whether Petitioner was unlawfully discriminated against in employment by Respondent as retaliation for having filed a prior complaint with the Florida Commission on Human Relations.
Findings Of Fact Petitioner, Paul Louis Fairbanks, first applied for employment with the Tampa Police Department, (TPD), on December 19, 1988. He was disqualified at that time because he did not meet the Department's visual acuity standards. Nonetheless, he appealed that decision and after a lengthy process, as a part of the settlement, he was allowed to complete the employment process. A part of that process includes an employment interview after which a background investigation is conducted. This includes checking with the professional and personal references provided by the applicant and the development of independent leads which might cast some light on the investigative process. The background investigation of Petitioner was conducted by Herbert C. Anderson, Jr., a retired Lieutenant of Detectives with the Minneapolis, Minnesota, Police Department, and now a civilian investigator with TPD. During the course of his investigation, Mr. Anderson contacted the references provided by the Petitioner, both in Florida and in Baltimore, Maryland, where Petitioner was engaged in police work subsequent to his graduation from college in 1969, to 1974, when, because of his wife's illness, the family moved to Florida. The records of the Baltimore Police Department, show that he was promoted from Patrolman to Police Agent and from Police Agent to Sergeant. Petitioner claims he had the highest scholastic grade in his police academy graduating class and was awarded each promotion at the earliest possible time. It also appears that he did quite well in his firearms qualification and, while employed in Baltimore, received two official commendations. His evaluations ranged from average to excellent as a police officer. As a sergeant, his evaluations ranged from above average to unsatisfactory. By the same token, Petitioner was disciplined four times during the five years he worked in Baltimore. He received three reprimands for failing to appear in traffic court, for having a preventable accident, and for a violation of juvenile custody procedures. His record shows he was reduced in grade from Sergeant to Police Agent for unsatisfactory performance, but Petitioner claims the reduction was the result of his decision to move and the Department's desire to not have him in a sensitive position during his last months of work for fear he might be called back to testify at Department expense. Petitioner claims that when, because of his wife's illness, he decided to move from Baltimore to Florida so his wife could be near her parents, he was given the choice of either resigning immediately as a Sergeant, or taking a reduction in grade and being moved to a less sensitive position. When he declined to do either, he was reduced in grade and the record was made to look as though it was the result of his misconduct. When Petitioner returned to Florida in July, 1974, he went to work for the Sarasota County Sheriff. During the period before he was terminated in November, 1978, he received several letters of thanks from citizens, but also letters of reprimand, suspensions and requests from supervisors for either demotion or dismissal. During this period, the State Attorney's office notified the Sheriff that Petitioner's testimony in court was being questioned and as a result, that office did not want to work with him or prosecute his cases. Petitioner disputes this claim, asserting that his conviction and arrest rates were well above average, and his rate of "decline to file" and "Nol-Pros" were lower than the majority of the other detectives. In reality, Petitioner claims, he was discharged because he was injured in 1977 and was hospitalized three time because of that. His supervisor directed him to return to work before it was appropriate to do so, and expressed the opinion Petitioner was malingering. Notwithstanding this, Petitioner filed a worker's compensation claim against the Sheriff's office as a result of his injury, and when his lawyer negotiated a settlement slightly under the maximum compensible for the injury involved, Petitioner was thereafter discharged. Mr. Fairbanks notes that shortly after this time, the Sheriff was removed from office by the Governor. Petitioner also claims that he received "good or better" evaluations over the first four years of his employment. Yet, the termination action was based on several alleged incidents of misconduct. These included a failure to comply with search and seizure laws, failure to follow department policies in areas of public statements pertaining to other criminal justice agencies, and a failure to comply with civil rights of individuals being questioned. He also believes it was because of the notoriety he had gained within the criminal justice system. Petitioner either denies any involvement in the situations alleged or, as in the incident involving public statements, asserts what he considers to be a reasonable and legitimate rationale for having done what he did. In the latter incident, he claims, he was directed to discuss the case in question by his superior who thereafter, when the publicity was less than desirable, declined to admit he had done so. In December, 1989, Petitioner went to work for the Bradenton Beach Police Department as a police officer, resigning in August, 1983 when the department was moving for his termination because of a false official report, false swearing and official misconduct. Petitioner was cleared of those charges by State Attorney, but the Department persisted in its efforts to dismiss him. During the course of this process, Petitioner inquired of the Criminal Justice Standards and Training Commission regarding his certification status and was advised he was not certified. Upon the receipt of this information, Petitioner resigned. After his resignation, however, he was advised by the Commission that he had not been decertified. In addition to the matters outlined above, Mr. Fairbanks' personnel file with the Bradenton Police Department also contained two letters of reprimand regarding citizen complaints on traffic stops and his demeanor with the public, and a letter from the Manatee Sheriff's Detention Director complaining of Petitioner's failure to follow proper procedures when booking prisoners. Again, Petitioner has "explanations" for the allegations which, if believed, would absolve him of any wrongdoing. In this, as in the other situations mentioned where Petitioner has his own version of the situation, it is impossible to determine which version is the most accurate. Petitioner claims that in 1984, for a period of three months, he served as Risk Management-Range Safety Officer for Manatee County. However, the Human Resources Director for the County has no record of this or of Petitioner working there as anything other than a life guard. He also held several jobs outside law enforcement that year and into 1985. From August, 1985 to November, 1988, the period covering that referenced in the paragraph next above, Petitioner worked as a lifeguard in Manatee County. Though rated as an overall satisfactory employee, the records reflect that Petitioner quit without notice. He also worked as a part-time police officer for Bradenton Beach from July, 1987 to April, 1988 when he was discharged by the new Chief of Police. From November, 1988 to December, 1988, Petitioner served as Chief of Police for Bradenton Beach, but he was terminated by the new City Council for "administrative reasons - unfavorable circumstances." Allegedly these referred to reported citizen complaints about Petitioner while he was conducting a personally initiated investigation into the improper notarization of election affidavits. Petitioner recounts an extended version of the incidents alleged here. It is impossible, at this time, to determine what actually happened. For eighteen days during April, 1989, Petitioner was employed by the DeSoto Correctional Institute as a Corrections Officer. While in training at the Corrections Academy, Petitioner disagreed with the way the firearms instruction was being conducted and criticized the instructors. He was described as "irritable, argumentative and totally untrainable." It is also alleged that Mr. Fairbanks committed safety violations at the range. In a discussion with one of the instructors, Petitioner was sent to the office of the personnel manager where he asked for a piece of paper and submitted his resignation. It is quite probable, in light of the Petitioner's extensive experience with and good record in the use of firearms, that he did comment unfavorably on the way the range training was being conducted. By his own admission, Petitioner is difficult to get along with and very open and free in expressing his opinion. By the same token, he admits to being abrasive and argumentative. Based on his extensive experience with firearms, however, it is highly unlikely that he was unsafe on the range. He claims he was not argumentative with the people at the prison, but he resented the way he was talked to. He was afraid he would be framed by prison personnel, and he quit before they could do anything to him. This was the last employment he had in law enforcement. Since May, 1989 to the present, he has been employed as a forklift operator at Tropicana Products in Bradenton. Mr. Fairbanks takes great umbrage at the fact that he was denied employment by TPD when Mr. Metzger, also a police officer, who was discharged from his prior employment in law enforcement in Bradenton Beach, was hired. Petitioner considers his qualifications and his honesty as being far superior to that of Mr. Metzger, and he is offended by the fact that TPD considers Metzger qualified for employment while rejecting him. He is convinced that TPD relied on the recommendation of Mr. Maddox, the former Chief of Police at Holmes Beach, whose own reputation, according to Petitioner, is not so good. In the course of his investigation, Mr. Anderson interviewed several individuals other than those related to the incidents described herein. An attorney described Petitioner as uncompromising and a "by the book" policeman. A former supervisor at the Sheriff's department, while describing him as a hard worker and needing specific supervision, nonetheless would like to have Petitioner work for him. Mr. Maddox is not a great admirer of Mr. Fairbanks, describing him as, among other things, aggressive. Three professional references describe him as hard headed and would not recommend him, yet the six personal references all gave him a good recommendation. Mr. Anderson submitted his investigative summary regarding Mr. Fairbanks to Mr. Walker, TPD Personnel Bureau Manager, on September 14, 1992. About that time, a copy of Mr. Anderson's report was discussed with the Petitioner who thereafter prepared an extensive rebuttal to the allegations therein, supported by numerous exhibits which, he felt, gave credence to his assertions. Mr. Walker cannot say at this time whether he read it or not, but it seems familiar. His testimony indicates the likelihood he did read it, however, and it is so found. Nonetheless, Mr. Walker indicated that he was not persuaded by the Petitioner's submittal, and, on September 28, 1992, he forwarded his negative recommendation to the TPD Chief of Police. In his recommendation against hiring Petitioner, Mr. Walker noted Petitioner's prior complaint history but gave no indication that played any part in his recommendation. He also recited Petitioner's prior employment history and briefly describes the caliber of that service. Walker concluded that Petitioner's past employment record, with its indication of disciplinary problems, demonstrates he does not meet the TPD's professional standards. There is no evidence of personnel records of the TPD from which it reasonably can be concluded that the Department's decision not to employ Petitioner was retaliation for his prior complaint filed with the Commission.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that a Final Order be entered by the Commission on Human Relations in FCHR Case No. 93-0636 determining No Cause on Petitioner's complaint of retaliation. RECOMMENDED this 2nd day of May, 1995, 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 2nd day of May, 1995. COPIES FURNISHED: Paul Louis Fairbanks 1715 82nd Street NW Bradenton, Florida 34209 Thomas M. Gonzalez, Esquire Thompson, Sizemore & Gonzalez Suite 200, 109 N. Brush Street Post Office Box 639 Tampa, Florida 33601 Sharon Moultry Clerk Commission On Human Relations 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32302-4149 Dana Baird General Counsel Commission on Human Relations 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32399-4149
The Issue Whether Respondent committed the violation set forth in the Administrative Complaint; and, if so, what penalty should be imposed?
Findings Of Fact Prior to the hearing, the parties stipulated to the following facts: Respondent was certified by the CJSTC on May 1, 1987, and issued Correctional Certificate Number 59414. On or about January 3, 1998, the Respondent's vehicle was parked in the parking lot of the Quality Outlet Mall. An officer discovered Ella Turner seated in the front passenger seat of the Respondent's vehicle. There were no other occupants in the vehicle. Respondent then walked up to the vehicle. Respondent consented to a search of her vehicle. An officer located a make-up bag in the passenger compartment of the vehicle. The make-up bag belonged to Respondent. A plastic baggie containing 13.5 grams of marijuana was found in the make-up bag. Respondent gave a sworn statement to DOC Officer Hilary Johnson on January 20, 1998. Respondent resigned from the DOC on January 28, 1998. Since that time, Respondent has not worked in a sworn position. Based on the testimony and other evidence submitted, including a certified record from the Department of Law Enforcement disclosing the criminal history of Ms. Turner, the following additional findings of fact are made: Respondent was not present when the officers first arrived at the location of Respondent's vehicle. The make-up bag in which the marijuana was found was located in the vehicle in the front passenger compartment near where Ms. Turner was seated. Earlier that day, another female passenger in the vehicle had access to and possession of the make-up bag. The baggie containing the marijuana was never analyzed for fingerprints. Respondent did not say or do anything to indicate knowledge of the presence of the marijuana other than to openly admit ownership of the vehicle and make-up bag. Respondent has been a DOC officer for 13 years, has never tested positive for marijuana or other illegal drugs, was never asked to submit to a drug test in connection with this case, and has been the subject of only three relatively minor disciplinary actions over that 13-year period. Close friends and co-workers of Respondent have no knowledge that Respondent has ever been involved with illegal drugs alcohol or tobacco.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Law Enforcement, Criminal Justice Standards and Training Commission enter a final order dismissing the administrative complaint against Respondent. DONE AND ENTERED this 21st day of July, 1999, in Tallahassee, Leon County, Florida. WILLIAM R. PFEIFFER 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 July, 1999. COPIES FURNISHED: Mark P. Brewer, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 R. Spencer Rhodes, Esquire 126 East Jefferson Street Orlando, Florida 32801 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
The Issue Whether Respondent, a certified law enforcement officer, failed to maintain good moral character as alleged in the Amended Administrative Complaint.
Findings Of Fact Respondent was certified by the Petitioner on April 2, 1982, and was issued Law Enforcement and Instructor Certificate Number 124699. Respondent was employed by the Miami Dade Police Department from April 2, 1982, until his employment was terminated as a result of the incident at issue in this proceeding. Respondent had a good record while working for the Miami Dade Police Department. He earned several commendations and received performance evaluations of satisfactory or above. Respondent is the biological father of Shannon Delano, a female born March 10, 1973. Shannon's parents divorced when she was four, and her mother was awarded primary custody of Shannon and of Shannon's twin sister. In 1981, Respondent moved to Florida. As a consequence of the divorce and of Respondent's move to Florida, Shannon seldom saw her father while she was growing up. Shannon maintained periodic telephone contact with him over the years and visited him in Florida in 1992, while she was on Spring break. They had a pleasant visit on that occasion. After he moved to Florida, Respondent married for the second time to a woman named Patrice. Respondent and Patrice had a son named Sean. Shannon joined the United States Air Force on October 15, 1992. Her permanent assignment was as a member of the military police at Langley Air Force Base in Virginia. In 1993, she was temporarily assigned to duty in the United Arab Emirates (UAE) as a support person for Desert Storm. While in the UAE, Shannon talked to Respondent occasionally by telephone. While she was in the UAE, Shannon and Respondent agreed that she would visit Respondent and Sean when she returned to the United States from the UAE. Respondent and Patrice had divorced by that time and Respondent was living alone in a two-bedroom apartment in Broward County, Florida. Their visit began on January 8, 1994. Respondent paid for Shannon's roundtrip airline ticket from Virginia to Florida. The visit was uneventful until the evening of January 12, 1994. Respondent worked his usual hours on January 12, 1994, and thereafter returned to the two-bedroom apartment at approximately 6:00 p.m. Respondent and Shannon had made plans to go out to eat dinner and then go to a comedy club that night. Respondent and Shannon were alone in the apartment. Respondent and Shannon engaged in a conversation in the living room area of the apartment. Because Shannon thought Respondent was despondent about his child custody fight over his son and his relationship with Shannon's twin sister, she hugged him and began to rub his back. There is a conflict in the evidence as to what happened next. The record establishes clearly and convincingly that Respondent thereafter preformed oral sex on Shannon, that he placed his mouth and tongue in her vaginal area, that he penetrated her vagina with his finger, and that he penetrated her anus with his finger. The conflict is whether Shannon was a willing participant in this sexual encounter. According to her testimony, Respondent forced her to the floor using a police take-down technique; he forcibly removed her clothing, and he held her down with his body and with one arm while he performed the sexual acts on her. She testified that she asked him to stop, but that she was too stunned to physically fight him. Respondent testified that Shannon was a willing participant and that the sexual encounter was consensual. Shannon and her father went to the comedy club that night, she subsequently rode with him on patrol where she met several of his colleagues, and she stayed with him at his apartment until her scheduled return flight to Virginia. Shannon returned to active duty in Langley, Virginia, as scheduled without reporting the incident. Approximately two weeks after the incident, she reported the incident to her superiors. She thereafter contacted the Broward County Sheriff's office, who assigned Detective Deborah Cox to conduct an investigation. As part of her investigation, Detective Cox had Shannon engage in a telephone conversation with Respondent that Detective Cox monitored and taped. Detective Cox also had Patrice engage in a telephone conversation with Respondent that Detective Cox monitored and taped. In his telephone conversation with Patrice, Respondent categorically denied that he touched Shannon and lamented that he was being falsely accused. Although there are statements made by Respondent contained in his telephone conversation with Shannon that substantiate his position that the sexual encounter was consensual,2 the following excerpts establish that Respondent did what he thought Shannon wanted him to do, not what she consented for him to do: Shannon: I guess I just need to understand why you felt the need to touch me that way. Respondent: I find, to be perfectly honest, I thought you had the need for it, believe me it's nothing I wanted, it's nothing I ever thought about, it's not something I consider to be normal thing between a father and a daughter. Shannon: I mean if I had the need to have that touch, why did it have to come from you, I mean - Respondent: It's something I thought you asked for, or it's something you wanted, believe me it's not something I want to do, it's not something I thought about, something that I looked forward to or thought about afterwards as being something good. Do you think you've had sleepless night over it, I had from that day forward. It's bothered me, it's upset me, it's bothered me a lot since then. I never would have believed that I could have done that , all I've ever tried to be is what you needed at the time. Obviously what you needed or what I thought you needed wasn't what you think you need now. Whether it was or it wasn't then, I really can't tell you. I, from what you said, from what you did, from the way you acted, felt, truly believed that's what you wanted and what you felt you needed. . . . The conflict in the testimony is resolved by finding that while she did not physically resist the sexual encounter, she did not implicitly or explicitly consent to the sexual encounter. Detective Cox turned over the results of her investigation to the State Attorney's office, who prosecuted Respondent on felony charges of sexual battery and on misdemeanor charges of committing Unnatural or Lascivious Acts. Based on the sexual encounter of January 12, 1994, Respondent was convicted of five misdemeanor counts of committing Unnatural or Lascivious Acts. He was acquitted of the felony sexual battery charges.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order that adopts the findings of fact and conclusions of law contained herein; finds Respondent guilty of failing to maintain good moral character; and revokes his certification as a Law Enforcement Officer and Instructor (Certificate Number 124699). DONE AND ENTERED this 12th day of May, 1999, 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 12th day of May, 1999
Findings Of Fact Fuller Warren Crews was employed until 1959 as a police officer in Jacksonville, Florida. In 1959, he was permitted to resign rather than face disciplinary charges. In 1959, Crews pled guilty in Jacksonville to damage to telephone equipment, a misdemeanor. Crews was sentenced to six months in the county jail. In 1960, Crews was found guilty of possession of tools used in committing crimes and pled guilty to simple larceny in Tifton County, Georgia. Be was sentenced to three to five years in prison in Georgia. Crews was fully pardoned for the offense of possession of tools used in committing crimes on October 6, 1975. Approximately eight to ten years ago, Crews became active within tie Nassau County Sheriff's posse helping to reorganize those police auxiliary groups. He was very dedicated and did a fine job, eventually becoming Captain of the posse. Crews applied for a position as Deputy Sheriff in Nassau County in 1976. He was interviewed by the Sheriff, who he advised of his criminal record. The Sheriff desired to hire Crews and contacted the Police Standards and Training Commission. In January, 1976, the Sheriff's Department provided the PSTC with various data on Crews. This data constituted the application for certification by the Commission, which does not have an application form. This application led to the processing of Crews' certification over the next two years. The procedures of the Department delegated to individual law enforcement agencies the task of conducting background investigations. Basic background data on Crews' convictions and former employment was provided the PSTC prior to Crews' certification on February 3, 1978 (Transcript, pages 178 and 179). In the course of processing his application, Crews appeared informally before the Commission concerning his certification on August 20, 1976. At that time questions were asked of Crews by the Commission regarding his dismissal from the Jacksonville Police Department. Crews responded that he had been discharged because of charges involving unlawful damage to private property (Transcript, pages 129, 165 and 166). There was no indication that Crews failed in any way to disclose his past record either in his application or in his statements to the Commission. Crews was denied certification because of the Commission's interpretation of Chapter 112.011, Florida Statutes, to Crews' pardon and the Federal Firearms Control Act, 18 U.S.C. 922(h) (Exhibit #2). Crews' fingerprints were taken by the Sheriff's Department and forwarded to the Florida Department of Law Enforcement (FDLE) but not to the PSTC. The FDLE forwarded Crews' fingerprints to the Federal Bureau of Investigation (FBI). The FBI sent one fingerprint card and Crews' RAP sheet back to the FDLE but not to the PSTC, and the FDLE sent the fingerprint card and RAP sheet to the Sheriff's Department. Under the PSTC's standard procedures, the Sheriff's Department sent this data to the Commission when Crews was hired, the day after his certification. The Sheriff's Department had knowledge of Crews criminal convictions and dismissal from the Jacksonville Police Department from the RAP sheet and Crews' statements to the Sheriff. On February 3, 1978, the Commission certified Crews. There was a discussion of Crews' background by the Commission, particularly his pardon, after which Crews was certified. His certification resulted from the Commission's interpretation of the law (Transcript, pages 166, 167, 182, 184, 105 and 186. See also attached minutes, Exhibit #4 and letter from Smith to Long). According to a member of the Commission at that time, Crews' certification was not a clerical error but resulted from the Commission staff's failure to follow up on data which it possessed (Transcript, pages 189 and 190) Many co-workers, the Sheriff by whom Crews is employed, neighbors and others testified regarding Crews' reputation in the community and their personal assessments of Crews' character. He is considered to be truthful, trustworthy, honest and hardworking. He has worked as a deputy sheriff since 1978 and has a reputation as a fine professional law enforcement officer respected by his co- workers and associates, many of whom testified in his behalf.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that the Police Standards and Training Commission toe no action to revoke the certification of Fuller Warren Crews because it lacks authority to consider any grounds for revocation which preexisted its initial final action of certification, and because the record reflects that Fuller Warren Crews has maintained good moral character. DONE and ORDERED this 18th day of November, 1980, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 18th day of November, 1980. COPIES FURNISHED: Arthur C. Wallberg, Esquire Department of Legal Affairs Administrative Law Section The Capitol Tallahassee, Florida 32301 James Corrigan, Esquire Department of Legal Affairs The Capitol Tallahassee, Florida 32301 William J. Sheppard, Esquire 215 Washington Street Jacksonville, Florida 32202 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF LAW ENFORCEMENT CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION, Petitioner, vs. CASE NO.: 80-921 FULLER WARREN CREWS, Respondent. /
Findings Of Fact Petitioner certified Respondent as a law enforcement officer and issued him certificate number 02-31445 on March 26, 1982. At all times material to this proceeding, the Virginia Gardens Police Department, Virginia Gardens, Florida, employed Respondent as a reserve or part- time police officer. During the ten years that he had been employed in that capacity, Respondent's certification had never been disciplined. Respondent also was part owner of the "Gun Doc", a gunsmith business in Dade County. On January 14, 1992, Respondent was working in his private capacity collecting weapons for repair and restoration from his customers. About 2:00 p.m., Respondent was enroute to his part-time business, traveling south on the Palmetto Expressway. He was driving his personal vehicle, a black convertible Mustang. The weather was clear, sunny, and dry. The Palmetto Expressway is a divided asphalt and concrete road which runs north and south with four (4) lanes in each direction in most places. On January 14, 1995, at approximately 2:00 p.m., Metro-Dade Police Department (MDPD) Sergeant John Petri was driving an unmarked undercover vehicle, a grey and white Chevolet Blazer, south on the Palmetto Expressway. Around the 102nd Street and the Palmetto Expressway intersection, the Respondent's vehicle approached Sergeant Petri from the rear at a high rate of speed that was substantially over the posted speed limit of 55 miles per hour. The traffic in the area was heavy at the time. Sergeant Petri braced himself for impact because he felt he would be hit by Respondent's vehicle. At the last moment, in a sudden move, Respondent's vehicle swerved around Sergeant Petri to the left. Sergeant Petri maintained visual contact with the Respondent's vehicle as it continued south on the Palmetto Expressway and through the intersection of South River Road. Respondent's vehicle was weaving in and out of traffic, cutting off cars, pulling behind others at a high rate of speed and slamming on his brakes. Respondent used the right shoulder of the road as a passing lane even though the traffic was flowing smoothly and there were no obstacles blocking the roadway. MDPD rules and regulations prohibit officers in unmarked cars from making traffic stops. Consequently, Sergeant Petri dispatched Respondent's vehicle tag number to the MDPD communication center and requested that a uniform unit or a trooper stop Respondent. Meanwhile, Respondent's vehicle came up behind Drug Enforcement Administration (DEA) Special Agent Pierre Charette at a high rate of speed. Special Agent Charette saw that Respondent's vehicle was being trailed by a Bronco/Blazer type vehicle. Special Agent Charette, driving an undercover DEA vehicle, thought he was going to be struck by the Respondent's vehicle but Respondent's vehicle suddenly swerved avoiding a collision. Next, Respondent's vehicle came over into Special Agent Charette's lane almost causing a collision with other cars. Respondent's vehicle and Sergeant Petri passed Special Agent Charette and continued southward on Palmetto Expressway. Around 74th Street, the traffic on Palmetto Expressway became more congested. At that point, Respondent's vehicle was in the right lane. A guardrail was to his right. Due to the approaching overpass, Respondent was forced to slow down. Sergeant Petri, driving in the right center lane, pulled up along the left side of the Respondent's vehicle. Both vehicles came to a rolling stop. The driver's window of Respondent's vehicle was down. Sergeant Petri put the passenger's window down on his undercover car. After showing his gold badge, Sergeant Petri identified himself as a police officer and told Respondent to slow down. Respondent made eye contact with Sergeant Petri but did not give a verbal response. Instead, Respondent made a gesture with his middle finger. Sergeant Petri did not get out of his vehicle. As Special Agent Charette drove past Respondent and Sergeant Petri, he noticed that the individual in a grey and white Chevolet Blazer was holding up what appeared to be law enforcement credentials. Believing that everything was under control, Special Agent Charette continued south on the Palmetto Expressway. When traffic in front of him began to move, Respondent began passing cars by pulling onto the right shoulder of the road. At one point, the rear end of Respondent's vehicle began to fishtail when he was on the grassy dirt area of the road's shoulder. Special Agent Charette noticed Respondent's vehicle approaching from the rear again. Respondent almost caused a collision with other cars when he cut in front of Special Agent Charette's vehicle. Between the 74th Street and 58th Street intersection, Special Agent Charette turned on his lights and siren and began to pursue Respondent. Respondent zigzagged in and out of traffic with Special Agent Charette following about two (2) car lengths behind. In response to Special Agent Charette's lights and siren, other cars moved out of the way. Respondent exited the Palmetto Expressway at the 58th Street intersection. He was aware that Special Agent Charette was behind him. Sergeant Petri lost visual contact with Respondent as he made the exit. Respondent headed west on 58th Street which is an asphalt and concrete roadway with a total of five (5) lanes; the center lane is a middle turning lane. Special Agent Charette followed Respondent at speeds of 50 to 80 miles per hour. Special Agent Charette and Sergeant Petri routinely use the 58th Street exit when traveling to their respective offices. Respondent zigzagged around traffic and ran a red traffic light at the intersection of 58th Street and 79th Avenue almost causing another accident. Special Agent Charette hesitated at that intersection to avoid colliding with other automobiles then followed Respondent at speeds of 45 to 50 miles per hour. Respondent turned south on 82nd Avenue and went into a warehouse area. He parked in the first space in front of his business, The Gun Doc. Special Agent Charette followed and blocked the entrance to The Gun Doc with his light and siren still activated. Respondent got out of his vehicle, looked at Special Agent Charette and started to go inside The Gun Doc. Special Agent Charette displayed his credentials and badge and identified himself verbally as a federal narcotics law enforcement agent. Special Agent Charette advised Respondent that Metro police were on the way. Respondent responded derogatorily and went into The Gun Doc. Special Agent Charette notified DEA dispatch of his exact location and need for backup from Metro police. He also requested a tag check on Respondent's vehicle. Meanwhile, DEA Special Agents Lewis Perry and John Fernandez were monitoring their DEA radio in close proximity to The Gun Doc. They asked Special Agent Charette whether he needed assistance and went to the scene in an unmarked government vehicle. When they arrived at the scene, the blue light on Special Agent Charette's dashboard was still on. After their arrival, Respondent came out of The Gun Doc and asked who they were. Special Agents Perry and Fernandez identified themselves as federal agents with DEA and at least one of them showed his credentials. Respondent again responded derogatorily and went back into his business. At approximately 2:00 p.m. on January 14, 1992, United States Marshal Lorenzo Menendez was traveling in his unmarked vehicle on the 836 Expressway heading toward the Palmetto area. He was returning to the High Intensity Drug Trafficking Area (HIDTA) office in the Koger Executive Center. Marshal Menendez had two (2) radios in his vehicle and was scanning the DEA and MDPD radio frequencies. He heard Sergeant Petri requesting help. Later the Marshal heard that the subject vehicle had exited Palmetto Expressway at 58th Street. He also heard Special Agent Charette asking for help and learned the address of The Gun Doc as the address of the vehicle's owner. Marshal Menendez responded to the calls for help. When he arrived at The Gun Doc, Special Agents Charette, Perry and Fernandez were already there waiting outside next to their cars. When Respondent came out of his shop and approached his vehicle, Marshal Menendez walked up to Respondent's vehicle. With his silver star badge hanging around his neck and his photo identification in his hand, Marshal Menendez verbally identified himself as a U.S. Marshal. Respondent told Marshal Menendez that he too was a police officer but refused to show his credentials. About the time that Marshal Menendez and Respondent began to converse, Sergeant Petri arrived at the scene. The MDPD dispatcher had given him the address of The Gun Doc as the address of the owner of the black convertible Mustang. Respondent objected when Marshal Menendez looked in Respondent's car. Without any threat or provocation, Respondent shoved Marshal Menendez by placing both hands on the Marshal's chest causing him to fall backwards. Marshal Menendez then advised Respondent that he was under arrest and attempted to handcuff him. Respondent reacted by refusing to obey the Marshal's commands and trying to break free. Special Agents Charette, Perry, and Fernandez assisted Marshal Menendez in subduing and handcuffing Respondent who resisted by kicking, jerking, and thrashing about. When the struggle was over, Respondent was handcuffed face down on the ground. Respondent again informed the officers that he was a policeman. One of the officers took Respondent's badge and identification from his rear pocket. Respondent's Chief of Police arrived at the scene and asked that Respondent be allowed to get up. At that time, Respondent was not bleeding. However, his face and neck was bruised in the struggle to subdue him. The federal agents intended to charge Respondent with assault on federal officers. However, an assistant United States Attorney deferred to state charges of reckless driving and battery. upon a police officer. Respondent testified that when he first encountered Sergeant Petri and Special Agent Charette on the Palmetto Expressway, they were traveling in a convoy with a third vehicle and driving recklessly. He claims he did not know they were law enforcement officers. Respondent asserts that he had to drive defensively to escape them because he feared they were attempting to hijack the weapons in his possession. Respondent's testimony in this regard is less persuasive than evidence indicating that Respondent was driving recklessly before he encountered Sergeant Petri and Special Agent Charette. After Sergeant Petri identified himself as a policeman and Special Agent Charette turned on his siren and blue light, Respondent endangered the lives of others in an attempt to avoid being stopped. Upon arrival at his place of business, Respondent called 911 seeking assistance from a uniform unit. He also called his Chief of Police to ask for advice. Respondent's brother, David Pruitt, was in the shop when these calls were made. After making these calls, Respondent testified that he was attempting to keep Marshal Menendez from entering his vehicle when Marshal Menendez suddenly lunged and grabbed Respondent by the throat. The criminal trial testimony of Respondent's brother and of another criminal trial witness, Maribel Aguirre, tend to corroborate Respondent's version of the facts leading up to the altercation with Marshal Menendez. However, the undersigned finds the testimony of Respondent, his brother and Ms. Aguirre less persuasive in this regard than the testimony of Marshal Menendez, Sergeant Petri, and Special Agents Perry and Fernandez, supported by the criminal trial testimony of Special Agent Charette. Clear and convincing record evidence indicates that Respondent was guilty of reckless driving and battery.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, recommended that Petitioner enter a Final Order suspending Respondent's certification and the privilege of employment as a law enforcement officer for a period of two (2) years. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 26th day of April 1994. SUZANNE F. HOOD, Hearing Officer Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of April 1995. APPENDIX 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. Petitioner's Proposed Findings of Fact 1.- 3 Accepted in paragraphs 1-2. 4 - 6 Accepted in paragraphs 3-4. 7 - 16 Accepted in substance in paragraphs 5-8. 17 - 22 Accepted in substance in paragraphs 9-12. 23 - 32 Accepted in substance in paragraphs 14-17. 33 - 39 Accepted in substance in paragraphs 19-22. 40 - 48 Accepted in paragraphs 23-27. 49 - 61 Accepted in substance in paragraphs 28-32. 62 - 75 Accepted in substance in paragraphs 33-37. 76 - 87 Accepted in substance in paragraphs 38-40. 88 - 93 Accepted in substance in paragraphs 41-46. Respondent's Proposed Findings of Fact 1 - 4 Accepted as if incorporated in paragraphs 1-2. Accepted in part in paragraph 3. Reject last sentence as not supported by persuasive evidence. - 9 Rejected. No competent substantial persuasive evidence. Accept in part in paragraphs 26-27 but siren engaged before arrival at gun shop. - 12 Accept that Respondent made telephone calls in paragraph 44 but reject his reasons for doing so as not supported by competent substantial persuasive evidence. 13 - 15 Accepted in substance as modified in paragraphs 31-36. First and last sentence rejected as not supported by competent substantial persuasive evidence. The rest is accepted in substance as modified in paragraph 36. Rejected as not supported by competent substantial persuasive evidence. Accepted as modified in paragraph 39; the other officers did not "join the attack." Rejected as not supported by competent substantial persuasive evidence. Accepted in paragraphs 39-40. Rejected as not supported by competent substantial persuasive evidence. See paragraph 42 re: criminal charges. Balance rejected as not supported by competent substantial persuasive evidence. Accept that Ms. Aguirre's criminal trial testimony tends to support Respondent but reject this testimony as less persuasive than the contrary testimony of the law enforcement officers. COPIES FURNISHED: Karen D. Simmons Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 A. P. Walter, Jr., Esquire 235 Catalonia Avenue Coral Gables, Florida 33134 A. Leon Lowry, II, Director Div of Crim. Just. Stds. & Trng. P. O. Box 1489 Tallahassee, Florida 32302 Michael Ramage General Counsel P. O. Box 1489 Tallahahssee, Florida 32302
The Issue Whether Petitioner (the School Board) has just cause to terminate Respondent's employment on the grounds alleged in the Notice of Specific Charges.
Findings Of Fact The School Board is a duly-constituted school board charged with the duty to operate, control, and supervise all free public schools within the School District of Miami-Dade County, Florida. See Article IX, Florida Constitution, and Section 230.03, Florida Statutes. At all times pertinent to this proceeding, the School Board employed Respondent as a classroom teacher pursuant to a professional service contract and assigned her to teach at Mae M. Walters Elementary School. Respondent began her employment with the School Board in 1993. While on traffic detail on August 10, 2000, Officer Calicchio stopped a car with an expired tag. At the time pertinent to this proceeding the car, a convertible, had its top down. The driver, a male, and Respondent, the front seat passenger, were the only occupants of the car. After the car pulled off the road, Officer Calicchio parked his patrol car behind the stopped vehicle, approached the vehicle, and asked the driver for his license and registration. The driver responded that he did not have his driver's license on his person and gave his name and date of birth to Officer Calicchio. Respondent informed Officer Calicchio that the vehicle belonged to her and gave him her license and the car's registration. Officer Calicchio returned to his patrol car to verify the information that had been given to him and to determine whether the driver had a valid license. While he was doing that, Officer Gomez appeared at the scene as backup for Officer Calicchio. Officer Gomez observed marijuana particles on the driver's shirt and in the car. After Officer Gomez related his observations to Officer Calicchio, the two officers took the driver into custody and placed him in the backseat of Officer Calicchio's patrol car. Officer Calicchio returned to the vehicle and observed marijuana particles in the vehicle. Officer Calicchio asked Respondent if he could search the vehicle. She consented and got out of the vehicle. After he completed his search, Officer Calicchio asked Respondent if he could search the large purse she was carrying. She consented and began pulling objects out of the purse and placing them on the hood of Officer Calicchio's patrol car. When Respondent slid her purse back up on her arm, Officer Calicchio asked if her purse was empty. Respondent answered in the affirmative. Officer Calicchio asked if he could look inside her purse. Respondent responded by leaning the purse towards him so he could look inside. Officer Calicchio observed two yellow envelopes in the bottom of the purse. Respondent consented to Officer Calicchio retrieving the two envelopes and opening them. The envelopes contained a green, leafy substance. When Officer Calicchio showed Respondent the contents of the envelope and asked what the substance was, Respondent fled on foot. Officer Calicchio, immediately followed by Officer Gomez, pursued Respondent. As she was fleeing, both officers observed Respondent reach into the front of her pants and pull out a plastic bag. As she was attempting to throw the bag into some bushes, Respondent slipped and fell to the ground. The plastic bag fell to the ground, landing next to the Respondent. The two officers recovered the bag and took Respondent into custody. The plastic bag contained a white-yellowish substance that Officer Calicchio field-tested using a Valtox field test. The substance tested positive for cocaine. Officer Calicchio also performed a field test on the green, leafy substance that was taken from the envelopes in Respondent's purse. The substance tested positive for cannabis. Subsequent tests by John Gall, a forensic chemist employed by the Broward County Sheriff's Officer, confirmed that the substance in the plastic bag was cocaine. The cocaine taken from the plastic bag weighed 35.2 grams. Respondent's conduct was sufficiently notorious to bring both Respondent and the educational profession into public disgrace or disrespect. Respondent's misconduct impaired her service in the community. On December 13, 2000, the School Board voted to suspend Respondent's employment and begin proceedings to terminate her employment.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board enter a final order that upholds the suspension of Respondent's employment and terminates her professional service contract. DONE AND ENTERED this 22nd day of August, 2001, 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 22nd day of August, 2001.
