02-000386 City Of Cape Coral vs. Hector Calderon Status: Closed DOAH Final Order on Thursday, August 8, 2002.

Summary: City demonstrated just cause for police officer`s dismissal for misconduct.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CITY OF CAPE CORAL, )

)

Petitioner, )

)

vs. ) Case No. 02 - 0386

)

HECTOR CALDERON, )

)

Respondent. )

______________________________)

FINAL ORDER

Pursuant to notice, a formal hearing was conducted in

this case on April 30 and May 1, 2002, in Cape Coral, Florida,

before Lawrence P. Stevenson, a duly - designated Administrative

Law Judge of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Marilyn W. Miller, Esquire

Assistant City Attorney

City of Cape Coral

Post Office Box 150027

Cape Coral, Florida 33915 - 0027

For Respondent: Hector L. Calderon, pro se

5410 Southwest 22nd Avenue

Cape Coral, Florida 33914

STATEMENT OF THE ISSUE

The issue presented in this case is whether there is just

cau se for the City of Cape Coral's decision to terminate the

employment of Hector Calderon, a police officer with the City

of Cape Coral Police Department.

PRELIMINARY STATEMENT

By Final Notice of Disciplinary Action dated December 21,

2001, Chief Arnold A. Gibbs of the Cape Coral Police

Department informed Officer Hector Calderon that his

employment with the City of Cape Coral was being terminated.

Chief Gibbs' action was based on the findings of a Department

Disciplinary Review Board conducted on December 19, 2001,

which in turn upheld the findings of an internal affairs

investigation conducted by Lt. Michael Maher of the Cape Coral

Police Department. Pursuant to ordinance, Officer Calderon

requested an appeal hearing before the city manager. The

request was granted, and the hearing was held on January 8,

2002. By letter dated January 10, 2002, Interim City Manager

Howard Kunik affirmed Chief Gibbs' action, making final

Officer Calderon's termination.

By letter dated January 21, 2002, Officer Calderon

req uested a hearing for review of the Final Notice of

Disciplinary Action. On January 30, 2002, the City of Cape

Coral referred the matter to the Division of Administrative

Hearings for assignment of an Administrative Law Judge to

conduct a formal administra tive hearing. The matter was set

for hearing on April 10, 2002. On March 27, 2002, the City of

Cape Coral filed a consented motion for continuance. By order

dated March 29, 2002, the motion was granted, and the hearing

rescheduled for April 30 through M ay 1, 2002.

At the final hearing, the City of Cape Coral presented

the testimony of Lt. Michael Maher of the office of

professional standards of the Cape Coral Police Department;

Nicole Beougher; Arnold Gibbs, chief of the Cape Coral Police

Department; Ro ger Montgomery; and Officer Robert Slager of the

Cape Coral Police Department. The City of Cape Coral's

Composite Exhibits 1 through 3 and Exhibits 4 through 8 were

admitted into evidence.

Officer Calderon presented the testimony of Officers Dan

O’Hara, C arlos Mena, Jack Fulop, Don Donakowski, Jason Matyas,

Kurt Grau, Jack Betz, and Alan Kowlak; Lt. Craig Durham, Lt.

William Rivers, Sgt. John Dickman, Sgt. Keith Munser, Det.

Scott Johnson, and Lawrence Stringham, all of the Cape Coral

Police Department. Officer Calderon's Exhibits 1 and 2 were

admitted into evidence. Officer Calderon's Exhibit 1 was

included in the City of Cape Coral's Composite Exhibit 1 (Book

1, Tab 10).

A Transcript of the final hearing was filed at the

Division of Administrative He arings on June 7, 2002. At the

close of the hearing, the parties stipulated that the proposed

recommended orders would be filed no later than 20 days after

the filing of the Transcript. Both parties timely filed

Proposed Recommended Orders.

FINDINGS OF F ACT

Based on the oral and documentary evidence adduced at the

final hearing, and the entire record in this proceeding, the

following findings of fact are made:

1. The City of Cape Coral (the "City") employed Hector

Calderon as a police officer in the op erations division of the

Cape Coral Police Department (the "Department") from January

11, 1997 through January 11, 2002, the effective date of his

termination. Officer Calderon was employed as a patrol

officer, and his main duties were traffic enforcement during

the 6 p.m. to 6 a.m. shift.

2. On October 29, 2001, Sgt. Keith Perrin of the

Department received a telephone complaint concerning Officer

Calderon from a woman named Cheryl Sugar. Ms. Sugar told Sgt.

Perrin that Officer Calderon had lived with h er over the past

several months. She offered information about narcotics usage

and deviant sexual behavior by Officer Calderon, both on and

off duty. She specifically alleged that Officer Calderon had

been taking cocaine.

3. Ms. Sugar also told Sgt. Pe rrin that Officer Calderon

had been seeing a woman named Nicole Beougher, whom he had met

working at a Circle K store when he stopped there during his

work shift. Ms. Sugar alleged that Officer Calderon had been

taking Ms. Beougher on "ride - alongs" in his police car. Ms.

Sugar was angry at Officer Calderon because she had only

recently discovered that he had also been dating Ms. Beougher.

She and Ms. Beougher had spoken to each other, and realized

that Officer Calderon had been deceiving both of them.

4. Sgt. Perrin made a report to Lt. Michael Maher, the

Department's head of internal affairs. Lt. Maher contacted

Ms. Sugar by telephone on the morning of October 30, 2001.

Ms. Sugar reiterated her allegations and agreed to come in

later that afternoo n to give a sworn statement and submit to a

polygraph examination. However, she telephoned Lt. Maher at

3 p.m. and stated that she had placed herself in an "awkward

position" and could not give a statement after all. From that

point forward, Ms. Sugar d eclined to cooperate with the

Department, despite frequent attempts by Lt. Maher to secure

her testimony.

5. On or about November 3, 2001, officers from the

Department responded to a domestic dispute call involving

Officer Calderon and Ms. Sugar. The of ficers on the scene

noted that Officer Calderon acted unusually. He was upset,

shaken, and verbally abusive. He refused to leave the scene

until Lt. Maher gave him a direct order to leave or go to

jail.

6. This incident, coupled with Ms. Sugar's earlie r

complaint, led Lt. Maher to place Officer Calderon on

administrative leave and send him for a "fitness for duty"

psychological evaluation. The evaluation was conducted by a

psychologist on November 8, 2001. The psychologist concluded

that Officer Calde ron was not capable of returning to duty.

Officer Calderon was placed on administrative desk duty and

his patrol vehicle was taken from him.

7. Officer Calderon's patrol vehicle was assigned to

another officer, Robert Slager. Following routine procedur e,

Officer Slager inventoried the vehicle to assure that Officer

Calderon's personal property was accounted for and returned to

him. While conducting the inventory, Officer Slager

discovered sixteen driver's licenses in the vehicle. The

licenses were in a cup holder, in plain sight.

8. Upon investigation, Lt. Maher determined that the

driver's licenses had been confiscated by Officer Calderon

during traffic stops over a four - year period. Department

procedure called for confiscated licenses to be turned in to

the records division along with the citation, but Officer

Calderon simply kept them in his vehicle. Lt. Maher

questioned Officer Calderon as to why he kept the licenses.

Officer Calderon's only explanation was that they were his

"personal collecti on."

9. Several officers testified that they had heard of the

practice of keeping confiscated driver’s licenses as trophies,

but all denied that they did it themselves. They could not or

would not name any other officer who indulged in the practice.

10 . Officer Calderon kept the licenses in plain sight,

and his vehicle was inspected by his superiors on a regular

basis, yet no disciplinary action was taken against him

concerning the confiscated licenses until this investigation

developed.

11. Despite Ms. Sugar's failure to cooperate, Lt. Maher

continued investigating her allegations. Ms. Sugar had

provided the name of Nicole Beougher, and Lt. Maher contacted

Ms. Beougher, who provided a sworn statement and testified at

the hearing.

12. In Octobe r or November 2000, Ms. Beougher was

working nights in a Circle K store in Officer Calderon’s

patrol zone. She was 18 years old. Officer Calderon came in,

and they began talking. He started coming in frequently to

talk to her. He gave her his business card, adding a

handwritten note with the code for his voice mailbox at work.

13. During their conversations, Ms. Beougher mentioned

that she had never ridden in a police car, and Officer

Calderon offered to take her on a "ride - along." At the time,

the Department had a "ride - along" program as part of its

community outreach. The program encouraged citizens to ride

with patrol officers as they conducted their daily course of

duties. Interested persons were required to fill out a

release of liability for m and permit the Department to run a

criminal background check. By Department policy, each citizen

was limited to one ride - along every six months.

14. Ms. Beougher completed the form and went on a ride -

along with Officer Calderon on Christmas Eve 2000 . He picked

her up at her mother’s house at 6 p.m. and drove to the police

station for roll call. Then Officer Calderon and Ms. Beougher

went out on the road on his patrol duties. They discussed

personal matters, such as whether Ms. Beougher had a

boyfr iend.

15. At around midnight, they drove to a secluded area on

the north end of Cape Coral. Officer Calderon stopped the

car. They both got out and walked to the rear of the car.

Officer Calderon began kissing Ms. Beougher. Nothing further

of a sex ual nature occurred. Officer Calderon dropped Ms.

Beougher off at her mother's house at approximately 5:30 a.m.

on Christmas Day.

16. In January 2001, Officer Calderon and Ms. Beougher

began seeing each other regularly. On May 6, 2001, Officer

Calder on moved in with Ms. Beougher. While they lived

together, Officer Calderon, on duty, would stop by their

apartment five or six times per shift, sometimes for as long

as 45 minutes. On one or two of these occasions, they engaged

in oral sex.

17. While t hey lived together, Ms. Beougher rode along

with Officer Calderon on his work shift on 15 to 20 different

occasions. Ms. Beouger never filled out another release of

liability form, and the number of ride - alongs was clearly in

violation the Department's po licy. However, the evidence at

hearing established that the Department's enforcement of its

policy was lax. Officer Calderon's shift sergeant saw

Ms. Beougher with him on more than one occasion and made no

inquiry.

18. On one or two of these unauthori zed ride - alongs,

they drove to a secluded area of northern Cape Coral, and Ms.

Beougher performed oral sex on Officer Calderon.

19. One evening while they were living together, Officer

Calderon brought home a small amount of cocaine and offered to

use it with Ms. Beougher. She was afraid to use it, fearing

that Officer Calderon was trying to set her up for an arrest.

Ms. Beougher said she would use it if he did first. Officer

Calderon snorted the cocaine through a rolled dollar bill.

Ms. Beougher then joined him.

20. From that point forward, Officer Calderon and

Ms. Beougher used cocaine frequently on weekends when Officer

Calderon was not working.

21. Officer Calderon and Ms. Beougher frequently spent

weekends at a Motel 6 in North Fort My ers. They did this to

get away from their roommate and to be closer to the clubs

downtown. They would drink heavily at the clubs, to the point

where

Ms. Beougher could not remember much of what occurred. They

would bring other people, male and female, back to the motel

and have sex with them. They also used cocaine while at the

motel.

22. Officer Calderon sometimes worked details at a bar

called the Hired Hand Saloon, a place he also frequented when

off duty. A prior acquaintance named Roger Montgom ery worked

there as a bouncer. Ms. Beougher testified that Mr.

Montgomery was the source of Officer Calderon's cocaine. At

the hearing,

Mr. Montgomery confirmed the details of Ms. Beougher's

testimony.

23. At the Hired Hand, Mr. Montgomery would giv e Officer

Calderon "bumps" of cocaine, i.e. , small amounts sufficient

for him and Ms. Beougher to get high. On at least two

occasions,

Mr. Montgomery sold $50 worth of cocaine to Officer Calderon.

24. Mr. Montgomery never gave or sold cocaine to Office r

Calderon while he was on duty. Mr. Montgomery never saw

Officer Calderon appear to be under the influence of alcohol

or any other drug while he was on duty. Mr. Montgomery never

actually witnessed Officer Calderon taking cocaine, though he

was certain that he saw him high on cocaine. Ms. Beougher

testified that she and Officer Calderon used cocaine while at

the Hired Hand.

25. On one occasion when Officer Calderon was off duty

at the Hired Hand, he asked Mr. Montgomery for cocaine.

Mr. Montgomery did not have the cocaine on his person, but did

have some in the ashtray of his truck. He gave Officer

Calderon the keys to his truck, and Officer Calderon went out

to the truck. When Mr. Montgomery later went out to his

truck, the cocaine was gone.

26 . Officer Calderon invited Mr. Montgomery to the Motel

6 to use cocaine and have sex with Ms. Beougher and him.

Mr. Montgomery wanted to go, but couldn't. Mr. Montgomery

testified that Ms. Beougher, under the influence of alcohol

and cocaine, performed oral sex on both him and Officer

Calderon at the Hired Hand. Ms. Beougher could not recall

this incident, but did not deny that it might have happened

while she was under the influence.

27. One evening at the Hired Hand, Officer Calderon gave

Mr. Mont gomery a bag of marijuana. Officer Calderon told him

that he had confiscated the marijuana from a group of

teenagers while on duty. Officer Calderon had earlier shown

the marijuana to Ms. Beougher and told her the same story.

28. On one occasion, Offic er Calderon asked Mr.

Montgomery to get him the drug Ecstasy. Mr. Montgomery made

the attempt but was unable to get it because his seller's

supplier had been arrested.

29. Officer Calderon and Ms. Beougher took the drug

Oxycontin on several occasions. Officer Calderon procured the

drug from a person unknown to Ms. Beougher.

30. Officer Calderon had no car other than his patrol

vehicle, which he was authorized to take home. Ms. Beougher

testified that while off duty, Officer Calderon drove the

patrol vehicle under the influence of alcohol on several

occasions. He also allowed Ms. Beougher to drive the police

vehicle.

31. Sometime in August 2001, Officer Calderon moved out

of Ms. Beougher's apartment. He told Ms. Beougher he was

moving because there had been a drug bust in the apartment

next door, and he was concerned that the Department would

somehow associate him with it.

32. Officer Calderon's move also coincided with his

learning that Ms. Beougher was pregnant with twins. Ms.

Beougher was ce rtain that Officer Calderon was the father.

Officer Calderon did not deny it, but wanted to make certain

prior to undertaking support obligations. The results of a

DNA test were pending at the time of the hearing.

33. Ms. Beougher testified that her drug use ceased when

she learned she was pregnant, and that she never saw Officer

Calderon take illegal drugs after she stopped taking them.

34. During the investigation, Lt. Maher discovered that

Officer Calderon failed to notify the Department of sever al

address changes, in violation of General Order D - 1,

Section III.18.

35. Officer Calderon admitted to the sexual allegations

that occurred at the Hired Hand and the Motel 6. He denied

having sex with Ms. Beougher in his patrol car, and denied

that he had ever used any illegal drugs.

36. Officer Calderon alleged that Ms. Sugar and

Ms. Beougher were bitter about his seeing them both at the

same time, and thus concocted a false tale of his drug usage.

He contended that Mr. Montgomery, a known dru g dealer, had

been intimidated through fear of arrest into testifying, and

that

Mr. Montgomery was sexually involved with Ms. Beougher and

thus part of the conspiracy.

37. Officer Calderon's contentions about the opposing

witnesses cannot be credited. Neither Ms. Beougher nor

Mr. Montgomery knew the other's last name, and both credibly

testified that their only involvement with each other was

through Officer Calderon at the Hired Hand.

38. Ms. Beougher admitted to being angry at Officer

Calderon, but credibly denied that she invented her story of

drug usage. Adding to her credibility was that she freely

implicated herself in the illegal activities that occurred,

rather than portraying herself as an innocent bystander.

39. Mr. Montgomery admitte d that his motive for

testifying was fear of prosecution for his drug dealings. He

was reluctant to testify against Officer Calderon. He did not

want to get Officer Calderon in trouble. His testimony was

credible and corroborated that of Ms. Beougher as to the

particulars of occurrences at the Hired Hand.

40. Officer Calderon had a prior disciplinary history,

which Chief Gibbs testified played a role in his decision to

terminate Officer Calderon. In 1999, Officer Calderon was

given a eight - hour s uspension without pay for failing to

report the discharge of his service revolver. He and his

live - in girlfriend at the time, Allison Gimello, were involved

in a domestic disturbance. When the police arrived, they

discovered bullet holes in a closet door . Ms. Gimello told

police that Officer Calderon had fired his police weapon after

threatening to kill her. She later changed her story, saying

that she had accidentally fired the gun. Because of this

ambiguity, Officer Calderon was disciplined only for not

reporting the discharge of his weapon. He did not file a

grievance or appeal his suspension.

41. Also in 1999, Officer Calderon was disciplined for

showing a photograph of himself, naked with an erection, to

female employees of the Department. With out grievance or

appeal, Officer Calderon received a 24 - hour suspension without

pay.

42. Upon completion of the internal affairs

investigation in the instant case, Officer Calderon was

charged with the following: failure to notify the Department

of an a ddress change; loafing while on duty; use of a

controlled substance while off duty; purchase and possession

of a controlled substance while on and off duty; intentional

violation of state law; conduct unbecoming a public employee;

using the prestige of his official position or the

Department's time, facilities, equipment or supplies for

private gain; improper performance of his duties; engaging in

sex while on duty and in a City of Cape Coral police vehicle;

malfeasance or misfeasance in office; perpetratio n of an act

or conduct which causes substantial doubt concerning an

officer's honesty, fairness, or respect for the rights of

others or for the laws of the state, irrespective of whether

such act or conduct constitutes a crime; and violation of the

rules o f conduct of the Criminal Justice Standards and

Training Commission ("CJSTC") by failing to maintain good

moral character and having a pattern of conduct not consistent

with state standards.

43. Lt. Maher's internal affairs report, dated December

5, 200 1, sustained all of the charges except loafing on duty

and use of a controlled substance. Lt. Maher dropped the

loafing charge after consulting with Officer Calderon's

immediate superiors, who did not see a problem with his

frequent visits to the Circle K store or to the apartment he

later shared with Ms. Beougher, provided his productivity was

unaffected. It was conceded at the hearing that Officer

Calderon was one of the most productive officers in the

Department throughout his employment.

44. Lt. Mah er dropped the drug usage charge because the

only drug test given to Officer Calderon came back negative.

At the outset of the investigation, Lt. Maher wanted to test

Officer Calderon for drugs but was advised by the City

attorney that he lacked reasonabl e suspicion to order a test.

By the time his investigation built reasonable suspicion,

Officer Calderon had been placed on administrative duty and

was aware that the Department was looking into his activities.

Nonetheless,

Lt. Maher believed that, witho ut a positive drug test, he

could not sustain a charge of drug usage.

45. At the hearing, Officer Calderon challenged the

alleged inconsistency between the Department's finding there

was insufficient evidence to support that he used drugs, but

finding th e same evidence sufficient to support that he bought

and/or possessed drugs. This argument is rejected. The

evidence at hearing established that Officer Calderon both

possessed and used drugs. Lt. Maher's decision to drop one of

the potential charges do es not change the fact that the other

charge was proven.

46. Lt. Maher's report was forwarded to Officer

Calderon's immediate superiors for a recommendation on

corrective action. One of the superiors, Lt. Craig Durham,

recommended termination. Officer Calderon's immediate

superior, Sgt. John Dickman, recommended a 30 - day suspension

without pay or benefits.

47. These recommendations then went to the division

commander, Major B. A. Murphy, who recommended termination and

forwarded the file to Chief Gibb s for his review on December

12, 2001.

48. Officer Calderon elected to have the recommended

discipline reviewed by a Department Disciplinary Review Board

("DDRB"). The DDRB was composed of five Department employees:

two selected by Officer Calderon, two selected by the

Department's administrators, and a fifth member selected by

the other four. Lt. Maher presented the case for the

Department. Officer Calderon presented his case in rebuttal.

The DDRB then deliberated and rendered a decision. On

December 19, 2001, the DDRB unanimously recommended

termination.

49. On December 21, 2001, Chief Gibbs entered a Final

Notice of Disciplinary Action terminating Officer Calderon's

employment. Officer Calderon sought and received an appeal of

this decision with the City Manager. On January 10, 2002,

Interim City Manager Howard Kunik upheld the decision to

terminate Officer Calderon's employment.

CONCLUSIONS OF LAW

50. The Division of Administrative Hearings has

jurisdiction over the subject matter and the pa rties hereto

pursuant to City of Cape Coral Ordinance 50 - 94, Article Eight,

which provides that employee appeals from disciplinary actions

will be heard by Administrative Law Judges of the Division of

Administrative Hearings, pursuant to contract with the City of

Cape Coral. The ordinance provides that the Administrative

L aw J udge shall enter a Final Order in these proceedings.

Article Eight, Section E.8.

51. Article Seven of Ordinance 50 - 94 authorizes the City

to suspend, demote, or terminate employees for the 35 offenses

named therein. Relevant to this proceeding are the following

offenses, as listed in Section C of the cited article:

21. Engaging in personal or business

activities unrelated to City employment

during work hours.

* * *

33. Utilization of official position for

unauthorized personal gain.

34. Actions or conduct detrimental to

the interests of the City.

52. General Order D - 1 of the City of Cape Coral Police

Department establishes rules of conduct for members of the

D epartment. Relevant to this proceeding are the following

requirements, as set forth in Section III of General Order D -

1:

All members of the Department shall:

1. Conduct themselves in a proper manner

and with appropriate demeanor; they shall

not engage in any conduct unbecoming a

public employee and member of the

department.

* * *

13. Be held strictly responsible for the

proper performance of their duties.

* * *

18. Shall [sic] maintain a telephone at

his home of record and rep ort any changes

in his marital or draft status, residence,

telephone number or any other change

affecting his personal information within

twenty - four (24) hours.

53. Also relevant to this proceeding are the following

prohibited acts set forth in Section IV of General Order D - 1:

No member of the department shall:

* * *

2. Make personal contact with persons of

questionable character or frequent places

suspected of violating the law unless in

the performance of his duty.

3. Withhold any info rmation concerning

criminal activity.

* * *

5. Use the prestige or influence of his

official position; or time, facilities,

equipment or supplies of the department for

his private gain or advantage of another.

* * *

14. Intentiona lly violate any Federal,

State, or County law or City Ordinance.

* * *

19. Possess or use any controlled

substance while on or off duty, except with

the approval and guidance of a licensed

physician. Any medication taken while on

duty must be with the knowledge and

approval of his supervisor.

* * *

38. Engage in any conduct on or off duty

which adversely affects the morale and

efficiency of the department or which has a

tendency to destroy public respect or

confidence in the depar tment or himself.

54. City of Cape Coral Ordinance 50 - 94, Article Eight,

Section E.7. provides:

7. DECISION. In rendering his or her

decision, the hearing officer shall

determine whether, based on the evidence

presented, the discipline ordered was f or

just cause. The evidentiary standard to be

applied by the hearing officer shall be a

preponderance of the evidence.

55. The City has met its burden in this case. The

evidence established that Officer Calderon failed to report

his address changes, en gaged in sex while on duty, and was

given and purchased cocaine. Officer Calderon knowingly and

openly engaged in criminal activity. He frequented places at

which he knew illegal activities were occurring, and there

accepted and purchased illegal drugs. He participated in

conduct that would tend to bring the Department into

disrepute.

56. The position of police officer is one of great

public trust. There can be no more basic public expectation

than that those who enforce the law must themselves obey it.

City of Palm Bay v. Bauman , 475 So. 2d 1322, 1326 (Fla. 5th

DCA 1985). The seriousness of Officer Calderon's misconduct

merits termination of his employment.

57. This conclusion is not based on either Officer

Calderon's too - frequent use of the "ride - along" program or his

improper retention of the 16 driver's licenses. While the

City proved the facts as to both of these issues, the evidence

indicated that both these violations were relatively

widespread and laxly enforced by the Department. Officer

Calderon's superiors were aware of Ms. Beougher's repeated

presence in his car, but took no action. The circumstantial

evidence also pointed to their awareness of the driver's

licenses in Officer Calderon's patrol vehicle well before

Officer Slager's inve ntory. It is concluded that it would be

unfair to base Officer Calderon's termination, even in part,

on violations of Department orders that appeared to be seldom

if ever enforced.

ORDER

Upon the foregoing findings of fact and conclusions of

law, it is o rdered that the discipline imposed in this case

was for just cause and is hereby upheld.

DONE AND ORDERED this 8th day of August, 2002, in

Tallahassee, Leon County, Florida.

_________________________________

__

LAWRENCE P. STEVENSON

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 8th day of August, 2002.

COPIES FURNISHED:

Marilyn W. Miller, Esquire

Assistant City Attorney

City of Cape Coral

Post Office Box 150027

C ape Coral, Florida 33915 - 0027

Hector L. Calderon

5410 Southwest 22nd Avenue

Cape Coral, Florida 33914

Hector L. Calderon

4419 Southwest 1st Avenue

Cape Coral, Florida 33914

NOTICE OF RIGHT OF JUDICIAL REVIEW

Article Eight, Section E.9 of City Ordin ance 50 - 94 provides

that any party who is adversely affected by this final order

may apply to the local circuit court for judicial relief

within thirty

(30) days after rendition of the final order by filing a

petition for writ of certiorari.