STATE OF NORTH CAROLINA IN THE OFFICE OF

ADMINISTRATIVE HEARINGS

COUNTY OF EDGECOMBE 02 DOJ 0605

DEBRA E. TAYLOR )

Petitioner )

)

v. ) DECISION

)

NORTH CAROLINA SHERIFFS' )

EDUCATION AND TRAINING )

STANDARDS COMMISSION )

Respondent )

This matter was commenced by a request filed on April 8, 2002, with the Director of the Office of Administrative Hearings for the assignment of an administrative law judge. Notice of Contested Case and Assignment and Order for Prehearing Statements were filed on April 10, 2002. The parties received proper notice of hearing, and the administrative hearing was held in Raleigh, North Carolina on September 20, 2002, before the Honorable Beryl E. Wade, Administrative Law Judge.

The Petitioner appeared pro se. The Respondent, the North Carolina Sheriffs' Education and Training Standards Commission (hereinafter the Commission or Respondent) was represented by Special Deputy Attorney General John J. Aldridge, III.

FINDINGS OF FACT

Stipulated Facts

1. Both parties are properly before this Administrative Law Judge in that jurisdiction and venue are proper, both parties received notice of hearing, and the petitioner received the Notification of Probable Cause to Revoke Certification letter mailed by the respondent on March 6, 2002.

2. The North Carolina Sheriff’s Education and Training Standards Commission has the authority granted under Chapter 17E of the North Carolina General Statutes and Title 12 of the North Carolina Administrative Code, Chapter 10, to certify justice officers and to revoke, suspend, or deny such certification.

3. On September 21, 2000, Petitioner was criminally charged with misdemeanor simple worthless check in violation of N.C.G.S. § 14-107, in Edgecombe County. (2000 CR051325)

4. On September 21, 2000, Petitioner was criminally charged with misdemeanor simple worthless check in violation of N.C.G.S. § 14-107 in Edgecombe County. (2000 CR051324)

5. On November 9, 1999, Petitioner was criminally charged with misdemeanor simple worthless check in violation of N.C.G.S. § 14-107, in Edgecombe County. (1999 CR12232)

6. On November 9, 1999, Petitioner was criminally charged with misdemeanor simple worthless check in violation of N.C.G.S. § 14-107, in Edgecombe County. (1999 CR12231)

7. The provision found in the North Carolina Administrative Code at 12 NCAC 10B .0301(a)(7) provides, in pertinent part, that:

(1)  Every Justice Officer employed or certified as a Deputy Sheriff or Jailer in North Carolina shall:

(7) within five working days notify the Standards Division and the appointing department head in writing of all criminal offenses with which the officer is charged: and shall also give notification, in writing to the Standards Division and the appointing department head following the adjudication of these criminal charges. This shall include all criminal offenses except minor traffic offenses and shall specifically include any offense of Driving Under the Influence (DUI) or Driving While Impaired (DWI).

ADJUDICATED FACTS

1. Ted Sauls, Assistant Director for the Sheriffs' Standards Division, testified that the Respondent received a Report of Appointment form as a telecommunicator for the Petitioner from the Edgecombe County Sheriff's Office dated March 16, 1998. Petitioner was subsequently issued a general telecommunicator certification based on this appointment dated April 4, 2000.

2. In a letter dated February 14, 2001 from Lt. Donnie Briley of the Edgecombe County Sheriff's Office, Mr. Sauls was notified that Ms. Taylor had been served with four (4) criminal summons for worthless checks. Copies of these criminal summons, and their dispositions, were forwarded to Mr. Sauls with Lt. Briley's letter. In criminal summons 99CR12231, the Petitioner is alleged to have written an insufficient funds check on August 20, 1999. In criminal summons 99CR12232, the Petitioner is alleged to have written an insufficient funds check on August 21, 1999. These two criminal summons were served on the Petitioner by officers of the Tarboro Police Department on November 9, 1999. These criminal charges were subsequently dismissed on February 8, 2000 upon the Petitioner making restitution to the recipients of the bad checks. In criminal summons 00CR51324 the Petitioner was alleged to have written an insufficient funds check on May 4, 2000. In criminal summons 00CR51325 the Petitioner is alleged to have written an insufficient funds check on June 14, 2000. Each of these two criminal summons were served on the Petitioner by officers of the Tarboro Police Department on September 21, 2000. These two charges were dismissed on February 2, 2001 upon the Petitioner paying restitution to the recipients of the checks.

3. The notification from Lt. Briley on February 14, 2001 was the first notification that the Respondent had of the Petitioner being charged with these four (4) criminal offenses. Consequently, Mr. Sauls presented this matter to the Probable Cause Committee of the Sheriffs' Commission, which body in turn, found probable cause to believe that the Petitioner's certification was subject to suspension based upon her failure to give notice of these criminal charges to the Respondent as required in 12 NCAC 10B .0301(a)(7).

4. Lt. Donnie Briley of the Edgecombe County Sheriff's Office testified that he knows the Petitioner as a telecommunicator with the Edgecombe County Sheriff's Office. On February 14, 2001, Lt. Briley was notified by the Petitioner's supervisor that the Petitioner was the subject of two (2) criminal summons for worthless checks (00CR51324 and 00CR51325). After learning of this information, Lt. Briley went to the Edgecombe County Clerk of Court's Office to retrieve any information he could find on these two check charges. Once at the Clerk of Court's Office, Lt. Briley found not only the two worthless check charges against the Petitioner from the year 2000, but also discovered two (2) other worthless check charges identified as 99CR12231 and 99CR12232. This was the first notification that the Edgecombe County Sheriff's Office had of the Petitioner being charged with any criminal offenses. Lt. Briley testified that the Petitioner is a good employee and that he would like to see her continue in that capacity.

5. Larry Liggins testified that during the time frame of June 1999 he was a School Director for the Coastal Plains Community College in Wilson, North Carolina. Part of his duties as school director included overseeing the telecommunicators certification course. The Petitioner was a student in Mr. Liggin’s telecommunicator certification course taught during the week of June 7, 1999. The Petitioner signed an “Acknowledgment of Orientation” form on June 7, 1999, showing her receipt of the course orientation block of instruction delivered by Mr. Liggins as a part of the telecommunicator certification course. The lesson plan taught by Mr. Liggins in the course orientation block of instruction recited the rules of the Sheriffs' Commission which require all telecommunicators who have been charged with criminal offenses to notify the Sheriffs' Standards Division and the Sheriff's Office, in writing within five (5) working days, of all such offenses. Mr. Liggins testified that because of the importance of this rule, he reads that portion of the lesson plan verbatim to the students of the class.

6. The Petitioner testified that she was in fact charged in two (2) criminal summons in 1999 with issuing insufficient funds checks. She also acknowledged being charged on two occasions in 2000 with writing insufficient funds checks. The Petitioner did not notify either the Edgecombe County Sheriff's Office or the Sheriffs' Standards Division of these four (4) criminal charges. The Petitioner does not know how her supervisor learned of the charges in February 2001. The Petitioner acknowledges signing the Acknowledgment of Orientation form on June 7, 1999 and undergoing the course orientation block of instruction. The Petitioner denies remembering that portion of the block of instruction concerning having to give notification of criminal charges to either the Respondent or the Sheriff's Office. The Petitioner testified that she loves her job as a telecommunicator at the Edgecombe County Sheriff's Office and wishes to keep her certification. The Petitioner further testified that because of this administrative hearing and ordeal, she no longer maintains a checking account so as not to have these difficulties in the future.

7. Sheriff James Knight of the Edgecombe County Sheriff's Office testified that the Petitioner is an outstanding telecommunicator and that she has a good rapport with people. Sheriff Knight testified that during the time frame that the Petitioner was charged with these criminal offenses, she was undergoing a lot of medical problems. Sheriff Knight would like to keep Ms. Taylor as an employee.

CONCLUSIONS OF LAW

1. The parties are properly before the undersigned Administrative Law Judge and jurisdiction and venue are proper.

2. The Petitioner had a duty pursuant to 12 NCAC 10B .0301(a)(7) to provide notice to the Respondent within five (5) working days of all criminal offenses with which she had been charged. The Petitioner had knowledge of this duty by virtue of undertaking the course orientation block of instruction in her telecommunicator certification course on June 7, 1999.

3. The Petitioner was charged through four (4) criminal summons with four (4) separate charges of issuing worthless checks in violation of N.C.G.S. § 14-107. (99 CR 12231; 99 CR 12232; 00 CR 51324; and 00 CR 51325) The Petitioner failed to make notification of these charges to the Respondent.

4. The Petitioner's failure to make notification to the Respondent of her four (4) worthless check charges constitutes a violation of 12 NCAC 10B .0301(a)(7). The Respondent's proposed suspension of the Petitioner's certification as a telecommunicator is supported by substantial evidence.

5. That pursuant to 12 NCAC 10B .0205(2), the sanction for the Petitioner's violation is suspension for a period of five (5) years. This period of sanction may, in the discretion of the Commission, be reduced or suspended when extenuating circumstances brought out at the administrative hearing warrant such a reduction or suspension. Based on the favorable recommendations of the Sheriff of Edgecombe County of the Petitioner's good work performance, the Commission should utilize its discretion in suspending the period of sanction.

DECISION

Based on the foregoing Findings of Fact and Conclusions of Law, it is proposed that the Respondent suspend the Petitioner's certification as a justice officer and that the suspension should be suspended for a period of five (5) years on the condition that the Petitioner not violate any state or federal laws, or rules of the Commission.

NOTICE

The agency making the final decision in this contested case is required to give each party an opportunity to file exceptions to this Proposal for Decision, to submit proposed Findings of Fact and to present oral and written arguments to the agency. N.C.G.S. § 150B-40(e).

The agency that will make the final decision in this contested case is the North Carolina Sheriffs’ Education and Training Standards Commission.

This the 5th day of November, 2002.

______

Beryl E. Wade

Administrative Law Judge

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