#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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