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Transcript
STATE OF NORTH CAROLINA
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
99 DOJ 1555
COUNTY OF BUNCOMBE
LEONARD KARLE MAPP,
Petitioner,
v.
N.C. CRIMINAL JUSTICE
EDUCATION AND TRAINING
STANDARDS COMMISSION,
Respondent.
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PROPOSAL FOR DECISION
THIS MATTER came on for hearing before the undersigned Administrative Law Judge due
to the request of the Respondent for the designation of an Administrative Law Judge pursuant to
N.C. Gen. Stat. § 150B-40(e) to preside at the hearing of a contested case under Article 3A, Chapter
150B of the North Carolina General Statutes. This case was heard before the undersigned
Administrative Law Judge on November 2, 2000, in Morganton, North Carolina.
APPEARANCES
Petitioner:
Respondent:
Leonard Karle Mapp, Pro se
Robin P. Pendergraft, Special Deputy Attorney General
Attorney for Respondent
ISSUES
Should the Petitioner’s certification as a criminal justice officer be suspended as a
consequence of the Petitioner knowingly making a material misrepresentation of information
required for certification, in violation of the Respondent’s rules?
Should the Petitioner’s certification be suspended for failing to meet or maintain the
minimum employment standard that every criminal justice officer shall be of good moral character?
Should Petitioner’s certification be suspended based upon Petitioner’s failure to report his
1996 “Class A misdemeanor” conviction as required by the Respondent’s rules?
Should Petitioner’s certification be suspended due to his ineligibility for such certification for
a period of five years after a “Class B misdemeanor” conviction?
RULES AT ISSUE
12 NCAC 9A .0204(b)(2)
12 NCAC 9A .0204(b)(6)
12 NCAC 9A .0205(b)(1)
12 NCAC 9B. 0101(3)
12 NCAC 9B .0108(1)(c)
FINDINGS OF FACT
Stipulated Facts
1.
Both parties are properly before this Administrative Law Judge, in that jurisdiction
and venue are proper, that both parties received notice of hearing, and that Petitioner received the
Proposed Suspension of State Youth Services Officer Certification letter mailed by Respondent on
September 1, 1999.
2.
The North Carolina Criminal Justice Education and Training Standards Commission
(hereafter referred to as the Commission) has the authority granted under Chapter 17C of the North
Carolina General Statutes and Title 12 of the North Carolina Administrative Code, Chapter 9, to
certify criminal justice officers and to deny, revoke or suspend such certification.
3.
Petitioner was appointed Youth Services Officer with the North Carolina Department
of Human Resources, Division of Youth Services on September 15, 1995. The Division submitted a
Report of Appointment/Application for Certification (Form F-5A CJP) on Petitioner’s behalf to the
Commission in September 1995.
4.
Petitioner successfully completed the Basic Training for Youth Services Officers
Certification Course conducted at Samarkand Manor, Eagle Springs, North Carolina on June 14,
1996.
5.
Petitioner was issued a probationary certification (PRC 245841668) by the
Commission effective September 15, 1995 to serve as a Youth Services Officer with the North
Carolina Department of Human Resources, Division of Youth Services (now Department of Juvenile
Justice and Delinquency) and a general certification (GNC 245841668) effective September 15,
1996.
Adjudicated Facts
6.
Petitioner testified that he was born on April 10, 1952 and currently lives in
Asheville, North Carolina. He graduated from Asheville High School in 1970 and received a
bachelor of science degree from Livingstone College in 1976.
7.
On December 28, 1991, Petitioner worked at a Best Western Motel in Smyrna,
Georgia. While at work, he got into a disagreement with the motel manager Patrick J. Sofranko and
was arrested by Cobb County police officers for the misdemeanor offenses of simple battery, simple
assault, and criminal trespass. Petitioner was taken before a magistrate and was released that day
upon the execution of a bail bond. (Respondent’s Exhibit 1).
8.
Petitioner appeared in the State Court of Cobb County (Georgia) with his attorney
Carla Friend on May 11, 1992, and pled nolo contendere to simple battery and criminal trespass.
(92-M-1460). The maximum sentence Petitioner could have received for the pending charges was
twelve (12) months. The Honorable S. Lark Ingram, Judge Presiding, imposed a suspended
sentence, twelve (12) months unsupervised probation, a $250.00 fine, and a $50.00 surcharge.
9.
On December 14, 1992, Petitioner was charged with simple battery and disorderly
conduct/fighting by law enforcement officers in Atlanta, Georgia for his involvement in a domestic
situation with his then wife. Both Petitioner and his wife were escorted to the magistrate’s office in
Atlanta, whereby he was fingerprinted, charged, and released. On February 11, 1993, the prosecutor
dismissed the simple battery charge and the “DC/Fighting” charge upon Petitioner’s completion of
treatment and community service. (See Respondent’s Exhibit 2).
10.
In June 1993, Petitioner resumed his residency in Asheville, North Carolina.
11.
On February 28, 1995, Petitioner was charged by Asheville Police Officer S.J. Way
with “obstruct, resist and delay Officer S.J. Way in the performance of his lawful duties, i.e., ask for
driver’s license.” Petitioner further failed to “obey commands” of the officer and to “stop when
requested.” The warrant also alleged that Petitioner struggled with the officers.
12.
Petitioner hired a lawyer and pled not guilty on June 27, 1995. At trial before District
Court Judge Rebecca Knight, Petitioner was found to be guilty and ordered to pay a $100.00 fine
and the costs of court. The judge suspended the term of imprisonment and placed Petitioner on
unsupervised probation for twelve (12) months. (95 CR 053651). Petitioner gave notice of appeal in
open court. (See Respondent’s Exhibit 3a).
13. On August 21, 1995, Petitioner’s resisting/delaying a public officer case (95 CRS
053651) was remanded from superior court back to district court for imposition of the original
sentence. (See Respondent’s Exhibit 3b).
14.
Petitioner testified that he did not realize that this case had been remanded to district
court until the Commission notified him of that fact. He indicated that his attorney told him she
would have this record expunged. Petitioner could not recall exactly if he had paid his attorney for
the $100.00 fine and $60.00 court costs.
15.
In November 1996, Petitioner was charged with writing a worthless check in the
amount of $63.23 to Best Foods. (96 CR 66801). On December 10, 1996, Petitioner waived his
right to trial, paid restitution and $65.00 court costs to the clerk of court and thereby was convicted
of a misdemeanor worthless check offense. (See Respondent’s Exhibit 4).
16.
Petitioner did not inform the Commission of this conviction as he was required to do
under the Commission’s rules because he was unaware that he was required to report criminal
convictions to the Commission.
17.
As part of his application for employment in a certified criminal justice officer
position, Petitioner completed a Commission mandated document entitled Personal History
Statement (Form F-3) on June 28, 1995. This form indicated, and Petitioner confirmed through his
testimony, that he had a bachelor of science degree from Livingstone College. (See Respondent’s
Exhibit 5).
18.
Petitioner answered “No” to Question #26 on the Personal History Statement which
asks, “If you have ever been discharged or requested to resign from any position because of criminal
or personal misconduct or rules violations, give details.” Petitioner testified that he did not consider
the discharge from the Best Western motel in 1991 when he answered this question.
19.
Despite being asked on Question #31 to “list all jobs” for the last ten years, including
temporary part-time jobs, Petitioner did not list that he was “self employed” as a landscaper from
July 1992 to July 1993. Neither did he list, nor could he remember, how he was employed from
January 1991 until March 1992.
20.
In the Criminal Offense Record Section of the Personal History Statement, the
applicant is provided the following guidance: “Answer all of the following questions completely and
accurately. Any falsifications or misstatements of fact may be sufficient to disqualify you. If any
doubt exists in your mind as to whether or not you were arrested or charged with a criminal offense
at some point in your life or whether an offense remains on your record, you should answer ‘Yes’.
You should answer ‘No’, only if you have never been arrested or charged, or your record was
expunged by a judge’s court order.”
21.
Thereafter, Question #47 asks, “Have you ever been arrested by a law enforcement
officer or otherwise charged with a criminal offense?” Petitioner first checked the ‘no’ block, then
struck through that mark and checked ‘yes’. He listed in the space provided that he had been charged
with and convicted of “simple battery and trespass” on “12/28/91". He included that he had paid a
$300.00 fine and received a “12 month suspended sentence”.
22.
Petitioner did not list the 1991 Cobb County Georgia simple assault charge, the 1992
Atlanta Municipal Court simple battery and D/C fighting charges, nor the 1995 Buncombe County
resist, delay and obstruct a public officer charge.
23.
Petitioner answered “no” to Question #49 regarding whether he had ever been placed
on probation, when in fact he had been placed on unsupervised probation for 12 months in 1992.
24.
Petitioner answered “no” to Question #50 regarding whether he had been required to
pay a fine in excess of $50.00, when in fact he was required by the criminal courts to pay a $250.00
fine in 1992 and a $100.00 fine on June 27, 1995.
25.
On the final page of the Personal History Statement, the following is printed prior to
the space designated for the applicant’s signature: “I hereby certify that each and every statement
made on this form is true and complete and understand that any misstatement or omission of
information will subject me to disqualification or dismissal.” Petitioner testified that he recalls
reading this admonition prior to signing his name.
26.
On September 13, 1995, Petitioner signed and submitted to the Commission through
the Division of Youth Services a Report of Appointment/Application for Certification (Commission
Form F-5A). Under the section of the form for the applicants to list their criminal offense record,
Petitioner listed only the 1991 Cobb County Georgia simple battery and trespass charges. He
omitted the 1991 Cobb County simple assault charge, the 1992 Atlanta Municipal Court simple
battery and D/C fighting charges, and the 1995 Buncombe County resist, delay and obstruct a public
officer charge.
27.
Petitioner testified that he did not understand it was important to put down all the
information at the time he signed the Report of Appointment/Application for Certification.
28.
The Report of Appointment/Application for Certification form contains the following
paragraph preceding Petitioner’s signature: “As the applicant for certification, I attest that I am
aware of the minimum standards for employment, that I meet or exceed each of those requirements,
that the information provided above and all other information submitted by me, both oral and written
throughout the employment and certification process, is thorough, complete and accurate to the best
of my knowledge. I further understand and agree that any omission, falsification, or
misrepresentation of any factor or portion of such information can be the sole basis for termination of
my employment and/or denial, suspension or revocation of my certification at any time; now or
later.”
29.
Petitioner offered an explanation for each criminal charge and indicated that he did
not feel he had done anything wrong in any of those situations.
30.
Scott Perry, Acting Director with the Criminal Justice Standards Division, testified
that both the Personal History Statement (Form F-3) and the Report of Appointment/Application for
Certification (Form F-5A) are Commission mandated forms. An applicant may not obtain criminal
justice officer certification from the Commission without first filling out these documents
completely. The Commission relies upon the information provided to determine an applicant’s
eligibility for criminal justice officer certification.
31.
Had Petitioner listed the August 21, 1995 criminal conviction for resisting a public
officer on the Report of Appointment/Application for Certification he signed on September 13, 1995,
the Commission would have informed him that he was not eligible for criminal justice officer
certification for a period of five years, pursuant to 12 NCAC 9B .0108 (1)(c). The Commission
issued certification to Petitioner in 1995, unaware of Petitioner’s disqualifying Class B Misdemeanor
conviction.
32.
Pursuant to 12 NCAC 9B .0101(8), the Commission further requires every certified
officer to report criminal convictions. While Petitioner did not report his December 10, 1996
misdemeanor conviction to the Commission, there was no evidence presented that Petitioner was
aware of this rule at the time.
33.
Kelce Phillip Lytle, Facility Director at Swannanoa Youth Facility, testified that it
was absolutely essential for certified officers to be honest and truthful. Mr. Lytle offered that he had
a vested interest in this valuable employee.
34.
Petitioner is an articulate, college educated man who clearly understood what
information he was required to provide to the Commission in 1995.
CONCLUSIONS OF LAW
1.
Both parties are properly before this Administrative Law Judge in that jurisdiction is
proper and both parties received notice of hearing.
2.
The North Carolina Criminal Justice Education and Training Standards Commission
has the authority granted under Chapter 17C of the North Carolina General Statutes and Title 12 of
the North Carolina Administrative Code, Chapter 9, to certify law enforcement officers and to deny,
revoke, or suspend such certification.
3.
There is sufficient evidence that Petitioner knowingly made material
misrepresentations of information required for certification on both the Personal History Statement
(Form F-3) and the Report of Appointment/Application for Certification (Form F-5A), in violation of
the Commission’s rules.
4.
The pervasiveness of Petitioner’s many misrepresentations, but particularly his
omission of his 1995 resist, delay, and obstruct charge and conviction which allowed him to
unlawfully receive criminal justice officer certification, constitutes a lack of good moral character.
5.
The Commission has sufficient grounds under 12 NCAC 9A .0204 (b)(2) & (6), 12
NCAC 9B .0101 (3), and 12 NCAC 9B .0108 (1)(c) to suspend Petitioner’s criminal justice officer
certification.
Based upon the above Findings of Fact and Conclusions of Law, the undersigned makes the
following:
RECOMMENDED DECISION
It is hereby recommended that the Petitioner’s criminal justice officer certification be
suspended for a period of not less than five (5) years for knowingly making material
misrepresentations of information required for certification, and indefinitely for failure to maintain
good moral character.
NOTICE
The agency making the Final Decision in this contested case is required to give each party an
opportunity to file exceptions to this Recommended Decision, to submit proposed findings of fact,
and to present oral and written arguments to the agency. N.C. Gen. Stat. § 150B-40(e). The agency
is required by N.C. Gen. Stat. § 150B-36(b) to serve a copy of the final decision on all parties and to
furnish a copy to the parties’ attorney of record and to the Office of Administrative Hearings.
The agency that will make the final decision in this contested case is the North Carolina
Criminal Justice Education and Training Standards Commission.
This the 16th day of January, 2001.
__________________________
Beecher R. Gray
Administrative Law Judge