14-003208 Ronnie N. Williams vs. Gadsden County Sheriff's Office Status: Closed Recommended Order on Thursday, October 29, 2015.

Summary: Petitioner's complaint is time-barred due to untimely filing and FCHR and DOAH have no jurisdiction to entertain the discrimination and retaliation claims.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RONNIE N. WILLIAMS,

Petitioner,

vs. Case No. 14 - 3208

GADSDEN COUNTY SHERIFF'S OFFICE,

Respondent.

_______________________________/

RECOMMENDED ORDER

This case came before Admini strative Law Judge June C.

McKinney of the Division of Administrative Hearings for final

hearing on March 25, 2015, with the hearingÓs conclusion on

August 13, 2015, in Tallahassee, Florida.

APPEARANCES

For Petitioner: Ronnie Norris Williams, pro se

(Address of Record)

For Respondent: Jason Eric Vail, Esquire

Allen, Norton and Blue, P.A.

906 North Monroe Street , Suite 100

Tallahassee, Florida 32303

STATEMENT OF THE ISSUE S

The issue s in this case are whether Respondent engaged in an

unlaw ful employment practice against Petitioner on the basis of

race and whether Respondent retaliated against Petitioner in

violation of the Civil Rights Act.

PRELIMINARY STATEMENT

On January 21, 2014 , Petitioner Ronnie Williams (ÐWilliamsÑ

or ÐPetitionerÑ) filed a discrimination complaint with the

Florida Commission on Human Relations (ÐFCHRÑ) alleging that

Respondent Gadsden County SheriffÓs Office (ÐGCSOÑ or

ÐRespondentÑ) discriminated against Petitioner based on his race

and retaliated against him.

The F CHR investigated the case and issued a Notice of

Determination of No Reasonable Cause on June 24, 2014, which

notified the parties that Ðno reasonable cause exists to believe

that an unlawful employment practice occurred.Ñ Thereafter,

Petitioner elected to contest the decision and pursue

administrative remedies by filing a Petition for Relief with the

FCHR on or about July 14, 2014.

The FCHR transmitted the Petition for Relief to the Division

of Administrative Hearings (hereinafter ÐDOAHÑ) on July 15, 201 5,

and the undersigned was assigned to hear the case. The final

hearing was held on March 25, 2015. The case was continued and

completed on August 13, 2015.

At the formal hearing, Petitioner presented the testimony of

eight witnesses: Sheila Randolph, Jonathan Feltgin, Major Robert

Barkley, Anne Marie Presnell, L ieutenant Kenneth Ellis,

L ieutenant William Moore, S ergeant Rodney Moore, and Sheriff

Morris Young. Petitioner Ós Exhibits 1 through 9 and 11 through

13 were received into evidence. The Respon dent rested after

Petitioner presented his case. RespondentÓs Exhibits 1 th r ough

14 were received into evidence.

The proceedings were recorded and transcribed. On April 9,

2015, V olumes I and II of the T ranscript were filed at DOAH , and

V olume III was f iled on August 26, 2015.

Both parties filed proposed recommended orders, which the

undersigned considered in the preparation of this Recommended

Order.

FINDINGS OF FACT

1. GCSO is a law enforcement agency in Gadsden County,

Florida, which has approxima tely 129 employees. GCSO provides

law enforcement services to Gadsden County. Sheriff Morris Young

(ÐSheriff YoungÑ) (black male) is the chief law enforcement

officer for GCSO.

2. On February 5, 2005, Petitioner began employment with

GCSO as a part - time reserve deputy. Petitioner is a black male.

3. On March 9, 2012, Petitioner was arrested in Crisp

County, Georgia , and charged with P ossession of M arijuana and

O pen C ontainer.

4. On March 12, 2012, Captain Robert Barkley (Barkley)

(black male) followe d GCSO policy and suspended Petitioner

because of his arrest. The hand - delivered notice of suspension

informed Petitioner that his suspension was until further review

and detailed the two department policies that were violated by

his arrest: General Orde r Chapter 3.0 S ection 3a(35), Standard

of Conduct/Integrity ; and General Order Chapter 2.0 Section 2.2

(E), Obedience to Laws and Regulations. Law enforcement officers

are required to be of good moral character.

5. GCSO is required to maintain the emplo yment status of

each law enforcement officer and notify Florida Department of Law

Enforcement (ÐFDLEÑ) of new hires or separations of employment

within the agency through the Automated Management Training

System (ÐAMTSÑ). Each officer has a global profile in the AMTS

that is updated according to employment status. GCSOÓs human

resource department manually updates the employment status for

global profiles.

6. After PetitionerÓs arrest, GCSO updated PetitionerÓs

employment status on his global profile seve ral times. The first

update was on April 3, 2012. GCSO Human Resource Manager Ann

Marie Presnell (ÐPresnellÑ) completed an Affidavit of Separation

for FDLEÓs AM T S indicating PetitionerÓs separation date of

March 9, 2012, the last day Williams worked with the agency.

Presnell also changed WilliamsÓ status to suspension in the

separation category.

7. After Petitioner was suspended, GCSO followed policy and

started an internal affairs investigation to investigate

PetitionerÓs arrest allegations. Investigat or Ulysses Jenkins

(black male) was assigned to conduct the internal affairs

investigation.

8. FDLE requires an internal investigation when an officer

is arrested and that all documentation obtained during the

investigation is forwarded to FDLE for revie w. Interviewing the

accused officer is part of the investigation. GCSO policy

violations can take place even if the accused officer is not

prosecuted.

9. On May 1, 2012, the criminal citation/warrant charging

Petitioner with Possession of Marijuana and Open Container w as

dismissed.

10. On June 1, 2012, during GCSOÓs internal investigation

and unbeknownst to GCSO, Petitioner was hired as a part - time law

enforcement officer by the City of Midway Police Department.

11. GCSO follows the dual - office hold ing policy which

prohibits law enforcement officers from working for two different

agencies at one time under Article II, section (5)(a) of the

Florida Constitution.

12. On July 9, 2012, by memorandum, Investigator Jenkins

updated Sheriff Morris Young o n the status of PetitionerÓs

internal affairs investigation. The memorandum stated:

During the week of May 25 th , 2012 I spoke

with Reserve Deputy Ronnie Williams two times

in reference to the status of his position

here at the Gadsden County SheriffÓs Off ice

in lieu of his arrest in Georgia on

March 9 th , 2012. Williams was informed that,

per FDLE Standards and Training, an Internal

Affairs Investigation must be completed and

any documents pertaining to his case must be

forwarded to FDLE for review. Willi ams

stated that he was going out of town and

would get with me upon his return the

following week. To the date of this

memorandum, Williams has not contacted this

office to comp[l]ete the investigation in the

events surrounding his arrest. It should be

n oted that his case was dismissed; however,

FDLE requires that he be cleared

administratively before returning.

His failure to comply with the requirements

of FDLE and failing to contact this office to

arrange the internal investigation keeps his

law enfor cement standards in a suspended

status. Due to his failure to comply I

recommend that he be terminated as a reserve

deputy with this agency.

13. On July 11, 2012, Investigator Jenkins was finally able

to serve Petitioner the Notification of Agency Polic y Violation

Form and the Confidentiality Notice . Petitioner signed a receipt

for each. The notice informed Petitioner of the agency policy

violations relevant in the investigation and that Petitioner

Ðwill be questioned . . . as a subject of an internal affairs

investigation.Ñ

14. Over the next several months, Petitioner contacted

various officers at GCSO but did not follow - up with Investigator

Jenkins for his internal affairs investigation interview. 1/

15. On October 26, 2012, Investigator Jenkins form ally

closed PetitionerÓs internal affairs investigation by letter to

Sheriff Young, Commander of Bureau of Internal Affairs Captain

Barkley, and PetitionerÓs p ersonnel f ile. Investigator Jenkins

detailed in the letter how Petitioner failed to comply with

agency policy and respond to requests to answer questions for the

internal affairs investigation. Investigator Jenkins also

reported in the letter that ÐMr. Williams left this agency and

began working with another.Ñ

16. After GCSO found out Petitioner wa s working for Midway

Police Department, GCSO deemed PetitionerÓs employment status a

voluntary separation because Petitioner initiated the separation

when he sought and started employment elsewhere.

17. On January 7, 2013, FDLE notified Sheriff Young by

letter that the Criminal Justice Standards and Training

Commission had completed the review of the information submitted

regarding WilliamsÓ arrest and found no basis for any further

action. The letter also provided that Ð[d]eterminations by the

Commissio n are separate and distinct from any employing agency

action, and in no way reflects upon their investigation,

findings, conclusions, and/or disciplinary action.Ñ

18. GCSO also received a memo dated January 7, 2013, from

FDLEÓs Bureau of Standards, Profe ssional Compliance Section

recommending a no cause determination regarding WilliamsÓ arrest

charges since Petitioner was exonerated after the internal

affairs investigation completed by Midway Police Department on

May 28, 2012. The memo recommended that W illiamsÓ case be closed

and designated PetitionerÓs reason for separation as a

resignation with a separation date of March 9, 2012.

19. On March 25, 2013, Presnell updated the PetitionerÓs

global profile status and checked the box voluntary separation

wh ile being investigated , not involving a moral character

violation.

20. That same day Presnell sent a letter dated March 25,

2013, to FDLE amending WilliamsÓ Affidavit of Separation. The

amended affidavit changed WilliamsÓ global profile status by

voidin g the previous one and checking the box voluntary

separation while being investigated for violation of moral

character standards defined in Florida Administrative Code Rule

11B - 27.0011. The cover letter stated:

The separation reason for Ronnie Williams wa s

entered incorrectly today. I have enclosed

the original CJSTC 61 and also an amended one

stating the correct separation reason. Your

assistance in making the necessary changes as

shown on the amended form will be greatly

appreciated.

21. GCSO follow ed the same policies for the two white male

part - time reservists that had criminal - related trouble as GCSO

did for Williams after his arrest. Ronnie Albritton

(ÐAlbrittonÑ) was a white part - time reserve deputy suspended

after an arrest pending an investig ation and was eventually

terminated for a moral conduct violation. Gary Lehr (ÐLehrÑ) was

another white reserve deputy that was arrested and simply

terminated for moral conduct violations. Like Williams, his

charges were later dropped , but GCSOÓs reason for separation in

the AM T S global profile states that the separation is for moral

conduct violations.

22. On January 21, 2014, Williams filed a discrimination

complaint with the FCHR alleging discrimination and retaliation.

FCHR found Ðno reasonable cause exists to believe that an

unlawful employment practice occurred , Ñ and Petitioner contested

FCHRÓs decision.

23. During the final hearing in this cause, Petitioner

offered no direct evidence in support of his claim of race

discrimination. Instead, Willi ams attempted to prove his case by

comparators that were unlike Petitioner. Neither Albritton nor

Lehr refused to cooperate and submit to an interview during the

internal affairs investigation nor did they voluntarily go and

start working for another law enforcement agency pending the

investigation. PetitionerÓs approach to compare himself with

Albritton and Lehr fails for they are not valid comparators for

the purposes of establishing a prima facie case of race

discrimination. Moreover, WilliamsÓ volunt ary separation from

GCSO did not have anything to do with his race. Additionally, no

evidence was presented that any retaliation took place against

Williams.

CONCLUSIONS OF LAW

24. The Division of Administrative Hearings has

jurisdiction over the subject matter and the parties hereto

pursuant to s ections 120.569 and 120.57(1), Florida Statutes

(2015).

25. The Florida Civil Rights Act of 1992 (ÐFCRAÑ), is

codified in sections 760.01 through 760.11 , Florida Statutes .

FCRA prohibits discrimination in the workplace.

26. Respondent maintains in its Proposed Recommended Order

that PetitionerÓs complaint of discrimination is untimely

pursuant to section 760.11(1) because Williams did not file his

claim of discrimination and retaliation until January 21, 201 4,

well past the 365 - day time limit.

27. Section 760.11(1), provides, in pertinent part, as

follows:

(1) Any person aggrieved by a violation of

ss. 760.01 - 760.10 may file a complaint with

the commission within 365 days of the alleged

violation, naming t he employer, employment

agency, labor organization, or joint labor -

management committee, or, in the case of an

alleged violation of s. 760.10(5), the person

responsible for the violation and describing

the violation . . . . On the same day the

complaint i s filed with the commission, the

commission shall clearly stamp on the face of

the complaint the date the complaint was

filed with the commission. In lieu of filing

the complaint with the commission, a

complaint under this section may be filed

with the fe deral Equal Employment Opportunity

Commission or with any unit of government of

the state which is a fair - employment - practice

agency under 29 C.F.R. ss. 1601.70 - 1601.80.

If the date the complaint is filed is clearly

stamped on the face of the complaint, t hat

date is the date of filing . . . . The

complaint shall contain a short and plain

statement of the facts describing the

violation and the relief sought. The

commission may require additional information

to be in the complaint. The commission,

within 5 days of the complaint being filed,

shall by registered mail send a copy of the

complaint to the person who allegedly

committed the violation. The person who

allegedly committed the violation may file an

answer to the complaint within 25 days of the

date the complaint was filed with the

commission. Any answer filed shall be mailed

to the aggrieved person by the person filing

the answer. Both the complaint and the answer

shall be verified.

28. ÐAs a jurisdictional prerequisite to filing an FCRA

action, a plaintiff must exhaust his administrative remedies by

filing a timely charge with the appropriate agency." Jones v.

Bank of America , 985 F. Supp. 2d 1320 (M.D. Fla 2013). "To

exhaust administrative remedies under the FCRA, a plaintiff must

satisfy the requirements of Fla. Stat. § 760.11." Id. at 1325

citing Maggio v. Fla. Dep't of Labor & Emp. Sec . , 899 So. 2d

1074, 1079 (Fla. 2005); Woodham v. Blue Cross & Blue Shield of

Fl a. , Inc. , 829 So. 2d 891, 894 (2002).

29. In this case, Petitioner failed to file a complaint

with FCRA within 365 days of the alleged violation. The last

date of the alleged unlawful occurrence was either March 9, 2012,

the last date Petitioner worked at GCSO before he was suspended

or June 1, 2012, when Petitioner voluntarily st arted working with

Midway Police Department, unbeknownst to GCSO. Therefore,

PetitionerÓs complaint filing date of January 21, 2014, is time -

barred due to it being more than 365 days after the alleged

violation. Hence, there is no jurisdiction for FCHR o r DOAH to

entertain WilliamsÓ claim on the merits. Accordingly,

PetitionerÓs failure to timely file his complaint ends any

inquiry regarding discrimination or retaliation.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it i s RECOMMENDED that a final order be entered by the

Florida Commission on Human Relations dismissing the subject

petition in its entirety due to lack of jurisdiction.

DONE AND ENTERED this 29th day of October , 2015 , in

Tallahassee, Leon County, Florida.

S

JUNE C. MCKINNEY

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 October , 2015 .

ENDNOTE

1 / PetitionerÓs Exhibit 8 demonstrates the calls Petitioner made

to Sheriff Morris Young, Major Robert Barkley, and Officer Woods ,

but the record lacks ev idence that Williams ever contacted

Investigator Jenkins after July 11, 2012, for the mandatory

internal affairs interview.

COPIES FURNISHED:

Jason Eric Vail, Esquire

Allen, Norton and Blue, P.A.

906 North Monroe Street , Suite 100

Tallahassee, Florida 32303

(eServed)

Ronnie Norris Williams

(Address of Record - eServed)

Tammy S. Barton, Agency Clerk

Florida Commission on Human Relations

4075 Esplanade Way , Room 110

Tallahassee, Florida 32399

(eServed)

Cheyanne Costilla, General Counsel

Florida Commi ssion on Human Relations

4075 Esplanade Way , Room 110

Tallahassee, Florida 32399

(eServed)

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any excepti ons

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.