#370-TTC-792



#370-TTC-792 --

DOCKET NO. 370-TTC-792

TEXAS EDUCATION AGENCY + BEFORE THE STATE

DIVISION OF EDUCATIONAL +

PERSONNEL RECORDS +

Petitioner + COMMISSIONER OF EDUCATION

V. +

+

GUIDABELLE FLORETTA THOMAS WALLACE + STATE OF TEXAS

Respondent

DECISION OF THE COMMISSIONER

Statement of the Case

Petitioner Texas Education Agency, Division of Educational

Personnel Records, brings this action to sanction all teaching

certificates of Respondent Guidabelle Floretta Thomas Wallace

(Porter) for unworthiness to instruct the youth of this State

pursuant to Texas Education Code +13.046(a)(2). A hearing was

held on February 9, 1993, at 9:10 a.m., before James C. Thompson,

the Hearings Examiner appointed by the State Commissioner of

Education. Petitioner is represented by Terry J. Johnson,

Attorney at Law, Austin, Texas. Respondent appeared pro se.

On June 11, 1993, the Hearings Examiner issued a Proposal

for Decision recommending that Petitioner's request be granted

and Respondent's Texas Teacher Certificate be revoked. No

exceptions were filed.

Findings of Fact

After due consideration of the evidence and matters

officially noticed, in my capacity as State Commissioner of

Education, I make the following Findings of Fact:

1. Respondent is a natural person residing in Galveston

County, Texas. (Admitted).

2. Respondent Guidabelle Floretta Thomas Wallace is the

holder of Texas Teacher Certificate Number XXX-XX-XXXX.

(Admitted).

3. In 1979, Respondent was arrested in Dallas County on a

charge of passing worthless checks. (TR. p. 31).

4. Respondent was convicted and served one day in jail in

1979 for the criminal offense of passing worthless checks. (TR.

p. 31).

5. In 1980, Respondent was arrested in Dallas County for

issuing bad checks. (TR. p. 31).

6. Respondent was convicted and served one day in jail in

1980 for the criminal offense of issuance of bad checks. (TR. p.

31).

7. On or about the 30th day of November, 1984, in

Galveston County, Texas, Respondent did then and there

intentionally and knowingly appropriate by acquiring and

exercising control over property other than real property,

to-wit: Eight Hundred Dollars ($800.00) in money from John Hyatt

without the effective consent of the owner, John Hyatt, and with

intent to deprive the said owner of said property. (Admitted).

8. John Hyatt was the curator of the Rosenberg Public

Library. (TR. p. 31).

9. At the time Respondent appropriated money from John

Hyatt, Respondent was employed as the controller for the

Rosenberg Public Library. (TR. pp. 20-21, 31).

10. On or about September 24, 1985, the Grand Jury of the

122nd Judicial District Court of Galveston County, Texas, entered

a True Bill of Indictment Number 85CR0779, charging Respondent

with Felony Theft. (Admitted).

11. On or about June 4, 1987, in Cause Number 85CR0779

before the 212th Judicial District Court of Galveston County,

Texas, Respondent did in writing and in open court consent to the

stipulation of the evidence in said case and in so doing did

expressly waive the appearance, confrontation and

cross-examination of witnesses. (Admitted) Respondent did

further consent to the introduction of testimony by affidavits,

written statements of witnesses and other documentary evidence.

(Admitted).

12. On or about June 4, 1987, in Cause Number 85CR0779

before the 212th Judicial District Court of Galveston County,

Texas, having waived her Federal and State constitutional right

against self-incrimination and after having been duly sworn, upon

oath, Respondent did judicially confess to the charge of felony

theft as charged in the indictment. (Admitted).

13. On or about June 4, 1987, in Cause Number 85CR0779

before the 212th Judicial District Court of Galveston County,

Texas, the Court having heard the plea of guilty to a felony

offense less than capital, to-wit: Felony Theft, and having heard

the evidence that substantiates the Respondent's guilt, and the

argument of counsel; and having duly considered the same, ordered

that further prosecution in said cause be deferred and that no

adjudication of guilt be entered into the record. (Admitted) The

Respondent was placed on Adult Probation for a period of Six (6)

years subject to specific conditions imposed by the Court.

(Admitted).

14. On or about June 4, 1987, in Cause Number 85CR0779

before the 212th Judicial District Court of Galveston County,

Texas, and as a specific term and condition of Adult Probation,

Respondent was ordered to commit no offense against the laws of

the State of Texas or any other State, the United States, or any

governmental entity. (Admitted).

15. On or about June 4, 1987, in Cause Number 85R0779

before the 212th Judicial District Court of Galveston County,

Texas, and as a further specific term and condition of Adult

Probation, Respondent was ordered to pay to the Galveston County

Adult Probation Department $40.00 per month as a probation fee.

(Admitted).

16. On or about June 4, 1987, in Cause Number 85CR0779

before the 212th Judicial District Court of Galveston County,

Texas, and as a further specific term and condition of Adult

Probation, Respondent was ordered to pay to the Galveston County

Adult Probation Department $7,422.84 as restitution to the

victim.(Admitted) Such restitution was to be paid in

installments of $100.00 per month paid each month. (Admitted).

17. On or about May 8, 1990, in Cause Number 85CR0779

before the 212th Judicial District Court of Galveston County,

Texas, the Assistant Criminal District Attorney for said County

did appear and present to said Court a Motion to Adjudicate

Guilt, Revoke Probation and Sentence Defendant, citing as grounds

therefor as follows:

On or about the 24th day of October, 1989, in Galveston

County, Texas, the said GUIDABELLA FLORETTA PORTER, did

then and there unlawfully appropriate property, to-wit:

Lawful United States Currency of the value of Three

Hundred and Fifty Dollars ($350.00) belonging to June

Ross, hereinafter called owner, by acquiring and

otherwise exercising control over the same, without the

effective consent of said owner, and with intent to

deprive the owner of said property permanently and the

said GUIDABELLA FLORETTA PORTER on or about the 11th

day of December 1989 in Galveston County, Texas did

unlawfully appropriate property, to-wit: lawful United

States Currency of the value of Six Hundred Dollars

($600.00) without the effective consent of the owner

thereof, June Ross, by acquiring and otherwise

exercising control over the same, and with intent to

deprive the said owner of said property permanently,

and both of said properties were appropriated, as

aforesaid, unlawfully, and in one scheme and continuing

course of conduct, and the aggregate value of the said

properties so appropriated was more than Seven Hundred

and Fifty Dollars ($750.00) and less than Twenty

Thousand Dollars ($20,000.00).

(Admitted).

18. On or about November 7, 1990, in Cause Number 85CR0779,

the Respondent did in writing and in open court consent to the

stipulation of the evidence in this case and did expressly waive

the appearance, confrontation and cross-examination of witnesses.

(Admitted) Respondent did further consent to the introduction of

testimony by affidavits, written statements of witnesses and

other documentary evidence. (Admitted).

19. On or about November 7, 1990, in Cause Number 85CR0779,

Respondent did judicially confess to the felony offense of theft

as charged in the indictment. (Admitted).

20. June Ross is the executive director of Galveston County

Community Action. (TR. p. 33).

21. Respondent was employed by Galveston County Community

Action as the controller. (TR. p. 22).

22. Respondent appropriated money from Galveston County

Community Action in order that she could lease an automobile for

transportation. (TR. pp. 22, 34).

23. Respondent committed a second theft while she was on

probation for the first one. (TR. p. 35).

24. Because Respondent violated the terms of her

probationary sentence by committing a similar offense, her

probation was revoked and an adjudication of guilt was entered by

the 212th Judicial District Court of Galveston County, Texas in

Cause number 85CR0779. (Admitted; TR. pp. 23, 33-34).

25. On or about November 14, 1990, in Cause Number 85CR0779

before the 212th Judicial District Court of Galveston County,

Texas, the Court ordered that the Respondent's probation be

modified to include restitution by Respondent to the victim, June

Ross, participation by Respondent in the Intensive Supervision

Program, and participation in the Financial Management Workshop

as directed by the probation officer. (Admitted).

Discussion

Petitioner's Complaint and Petition for Sanctions is

meritorious. Respondent has admitted that the operative facts as

alleged by Petitioner are true. Further, the evidence submitted

by Respondent is insufficient to establish that she has been

rehabilitated so as to relieve the Commissioner of the duty to

revoke her teaching credentials. However, Respondent is free to

seek reinstatement of her teaching credentials at some future

date.

Conclusions of Law

After due consideration of the record, matters officially

noticed, and the foregoing Findings of Fact, in my capacity as

State Commissioner of Education, I make the following Conclusions

of Law:

1. The Commissioner of Education has jurisdiction over this

appeal under Texas Education Code +11.13(a).

2. Respondent is currently on Adult Probation for the

felony criminal offense of Theft.

3. Respondent has previously committed acts of theft while

employed in positions of public trust.

4. By reason of the acts found herein, and pursuant to

Texas Education Code, Section 13.046(a)(2), Respondent Guidabelle

Floretta Thomas Wallace is a person unworthy to instruct the

youth of this state.

5. The Commissioner of Education should issue an ORDER

requiring the immediate surrender to Petitioner of the original

and all copies of Texas Teacher Certificate No. XXX-XX-XXXX, and

all other education credentials issued to Respondent under Texas

law.

6. The Commissioner of Education should order all such

certificates and credentials to be REVOKED.

O R D E R

After due consideration of the record, matters officially

noticed, and the foregoing Findings of Fact and Conclusions of

Law, in my capacity as State Commissioner of Education, it is

hereby

ORDERED that Respondent's Texas Teacher Certificate No.

XXX-XX-XXXX, and all other education credentials issued to

Respondent be, and is hereby, REVOKED; and,

IT IS FURTHER ORDERED that Respondent immediately surrender

the teacher's copy of her Texas Teacher Certificate to the Texas

Education Agency, Division of Educational Personnel Records; and,

IT IS FURTHER ORDERED that the Texas Education Agency,

Division of Educational Personnel Records prepare and distribute

appropriate notices notifying the public of the revocation of

Respondent's teacher certificate; and,

IT IS FURTHER ORDERED that Petitioner's request be, and is

hereby, GRANTED.

SIGNED AND ISSUED this ______ day of ________________, 1993.

______________________________

LIONEL R. MENO

COMMISSIONER OF EDUCATION

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