STATE OF NORTH CAROLINA



|STATE OF NORTH CAROLINA | |IN THE OFFICE OF ADMINISTRATIVE HEARINGS |

| | |00 DOJ 1071 |

|COUNTY OF WAKE | | |

| | | |

| |) | |

|CHRISTOPHER L. DAMMONS |) | |

|Petitioner, |) | |

| |) |PROPOSAL FOR DECISION |

|v. |) | |

| |) | |

|North Carolina Sheriffs’ Education and Training Standards |) | |

|Commission, | | |

|Respondent | | |

This contested case was heard by the undersigned Administrative Law Judge on November 28, 2000, in the Office of Administrative Hearings, Raleigh, North Carolina.

APPEARANCES

Petitioner: Christopher L. Dammons, pro se

144 Johnson Street

Red Springs, North Carolina

Respondent: Amy L. Yonowitz

Assistant Attorney General

N.C. Department of Justice

P.O. Box 629

Raleigh, North Carolina

Attorney for Respondent

FINDINGS OF FACT

1. Petitioner is a citizen and resident of Red Springs, Robeson County, North Carolina, and presently employed as a Reserve Deputy in the Hoke County Sheriff’s Office. (Respondent’s Exhibit #10.)

2. The North Carolina Sheriffs’ Education and Training Standards Commission (Respondent) has the authority granted under Chapter 17E of the North Carolina General Statutes to regulate justice officers.

3. On August 24, 1999, Petitioner completed a Personal History Statement (Form F-3) as a part of the application with Respondent for certification as a deputy sheriff with the Hoke County Sheriff’s Office. Question number 47 of that form asks: "Have you ever been arrested by a law enforcement officer or otherwise charged with a criminal offense?" Petitioner answered, “Yes, Assault of Female, 06-01-95, Red Springs Police Dept., dismissed with leave by judge.” (Respondent’s Exhibit #1, Stipulations.)

4. Petitioner was charged with the following criminal offenses:

a. Misdemeanor Simple Worthless Check (1992CR006168) in Duplin County for which he received a guilty verdict on November 30, 1992.

b. Misdemeanor Simple Worthless Check (1998CR037403) in Cumberland County for which he received a dismissal on September 17, 1998.

c. Misdemeanor Simple Worthless Check (1996CR004721) in Robeson County for which he received a dismissal on May 21, 1996.

d. Misdemeanor Worthless Check on Closed Account (1993CR009602) in Robeson County for which he received a guilty verdict by waiver on June 29, 1993.

e. Misdemeanor Worthless Check on Closed Account (1993CR009603) in Robeson County for which he received a guilty verdict by waiver on June 29, 1993.

Petitioner did not list these offenses on his Personal History statement. (Respondent’s Exhibit #1, Stipulations.)

5. On September 13, 1999, Respondent received notification of appointment of Petitioner as a sheriff’s deputy with the Hoke County Sheriff’s Office. (Respondent’s Exhibit #1, Stipulations.) This appointment was a lateral transfer from the Red Springs Police Department, Robeson County, North Carolina.

6. Upon receipt of Petitioner’s August 23, 1999, Personal History Statement (Form F-3) (Respondent’s Exhibit #3) by Respondent on September 13, 1999, Respondent reviewed the criminal history record of Petitioner from Robeson County, his previous county of employment. Three misdemeanor worthless check charges were omitted.

7. In response to Respondent’s inquiries, on November 22, 1999, Chief Deputy Peterkin of the Hoke County Sheriff’s Department sent a letter to Respondent in which he stated that Petitioner had never informed him of the three worthless check charges. Deputy Peterkin advised Petitioner to complete a notarized statement explaining his omissions, as well as an updated Personal History statement listing the worthless check charges and any other matters that may not have been mentioned. (Respondent’s Exhibit #14.)

8. Petitioner sent a notarized letter to Respondent, dated November 22, 1999, in which he explained the circumstances surrounding the three worthless check charges. He stated that his brother wrote the two checks, for which he was charged with writing worthless checks on closed accounts in 93CR009602 and 93CR009603, while Petitioner was on deployment with the United States Marine Corps. He stated that his former spouse forged the third check, for which he was charged with simple worthless check in 96CR004721. (Respondent’s Exhibit #15.)

9. Petitioner acknowledged each of these checks written in Robeson County, yet he did not list any of the worthless check charges on his Personal History Statement.

10. Petitioner completed another Personal History Statement on November 23, 1999. On this form, he listed the three worthless check charges that were revealed on his Robeson County criminal history record. (Respondent’s Exhibit #7.)

11. On January 11, 2000, Ted Sauls, Assistant Director of Respondent Commission, requested and obtained a criminal history record for Petitioner from the North Carolina Administrative Office of the Courts. This record included all counties in North Carolina. This record revealed two additional charges: misdemeanor simple worthless check (1992CR006168) in Duplin County for which Petitioner received a guilty verdict on November 30, 1992 and misdemeanor simple worthless check (1998CR037403) in Cumberland County for which Petitioner received a dismissal on September 17, 1998.

12. Petitioner issued the check in case number 1998CR037403, to Mercury Finance in Cumberland County. He borrowed money from Chief Edwards of the Red Springs Police Department to pay restitution, but asserted to having no knowledge that he was charged with simple worthless check.

13. Petitioner issued the check in case number 1992CR006168 in Duplin County and received a guilty verdict on the charge of simple worthless check.

14. Petitioner has an exemplary record of public service and possesses good character. The underlying financial obligations have been satisfied. (Respondent’s Exhibit #8.)

CONCLUSIONS OF LAW

1. The Office of Administrative Hearings has jurisdiction of this contested case pursuant to Chapters 17E and 150B of the North Carolina General Statues.

2. The Petitioner’s omissions from his Personal History Statement of the charge and disposition of misdemeanor simple worthless check (1992CR006168) in Duplin County, the charge and disposition of misdemeanor simple worthless check (1998CR037403) in Cumberland County, the charge and disposition of misdemeanor simple worthless check (1996CR004721) in Robeson County, the charge and disposition of misdemeanor worthless check on closed account (1993CR009602) in Robeson County, and the charge and disposition of misdemeanor worthless check on closed account (1993CR009603) in Robeson County, constitute a knowing material omission of information required for certification in violation of 12 NCAC 10B.0204 (c)(1). This conclusion of law indicates that the failure to list was a material omission, knowingly made, but was not otherwise fraudulent.

3. Because of Petitioner’s good character and record of public service, Respondent should take this Finding into consideration in making disposition of Petitioner’s request for certification.

RECOMMENDATION

Wherefore, based on the foregoing Findings of Fact and Conclusions of Law, the undersigned Administrative Law Judge proposes that the Petitioner’s application for certification as a justice officer be disposed of by Respondent pursuant to its statutory and regulatory authority in conformity with dispositions previously made by Respondent under similar factual circumstances for violation of 12 NCAC 10B.0204(c)(1), recognizing Petitioner’s career service to the public in law enforcement and otherwise good 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 Proposal for Decision, to submit proposed Findings of Fact, and to present oral and written arguments to the agency. N.C.G.S. § 150B-40(e).

The agency that will make the final decision in this contested case is the North Carolina Sheriff’s Education and Training Standards Commission.

This the 11th day of April, 2001.

______________________________

Julian Mann, III

Chief Administrative Law Judge

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