FLORIDA DEPARTMENT OF LAW ENFORCEMENT, APPELLANT/CROSS-APPELLEE,
v.
MICHAEL A. STANLEY, APPELLEE/CROSS-APPELLANT
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The Florida Department of Law Enforcement dismissed a 27-year law enforcement officer for alleged violations including dishonesty during investigation and involvement in fraudulent real estate transactions. The Public Employee Relations Commission upheld discipline but reduced dismissal to a 30-day suspension based solely on a finding that the officer lied about reporting a $20,497 profit on his tax return. The appellate court reversed, finding the questioning was too vague and ambiguous to support a finding of intentional untruthfulness.
No. The court held that the investigator's questions were vague, ambiguous, and inartfully phrased, and although the officer's answers were somewhat indirect and ambiguous, they did not constitute specifically identifiable untruths sufficient to support a charge of dishonesty or provide just cause for discipline.
[1] A public employee's answers during an investigatory interview may not constitute untruthfulness sufficient to support disciplinary action if the questions posed are vague…
[2] A finding of just cause for discipline against a public employee requires specifically identifiable untruths, not merely indirect or ambiguous answers.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the questions posed by the investigator to appellee were at best vague, ambiguous and inartfully phrased. Although appellee's answers thereto were also somewhat indirect and ambiguous, they did not amount to specifically identifiable untruths sufficient to support the charge and provide just cause to discipline appellee.”
Establishes the court's core holding that vague questioning cannot support a finding of dishonesty when the answers are similarly ambiguous
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Join FLexlaw to unlock all legal intelligenceMichael Stanley, a Florida law enforcement officer with 27 years of service, was dismissed by FDLE in October 1988 based on findings that he violated …
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WIGGINTON, Judge.
Appellant, Florida Department of Law Enforcement [FDLE], and appellee, a law enforcement officer for the state of Florida for 27 years, appeal and cross-appeal a final order of the Public Employee Relations Commission [PERC] finding that FDLE had just cause to discipline appellee but reducing FDLE’s dismissal of him to a 30-day suspension. We reverse on appellee/cross appellant’s cross-appeal.
In October 1988, FDLE dismissed appel-lee from employment upon its finding that he had violated Rule 111-1.011(1), (2) and (21), Florida Administrative Code as a result of his involvement in certain real estate transactions. The dismissal was based upon FDLE’s conclusion, after an investigation, that appellee had lied in numerous respects during the investigatory interviews, had been involved in fraudulent real estate transactions and had violated federal income tax laws.
On appeal, PERC determined that the only sustainable charge was FDLE’s finding that appellee had been intentionally untruthful during the investigation only concerning his answers in regard to the reporting of a certain $20,497 profit on his 1986 income tax return, in violation of Rule 111-1.011(21). Thereupon, PERC reduced the penalty imposed by FDLE from dismissal to suspension for 30 days. FDLE challenges that reduction in penalty but does not challenge PERC’s determination that the numerous other charges di(j not provide just cause to discipline appel-lee.
On cross appeal, appellee/cross appellant challenges PERC’s determination of any just cause to impose discipline.
We agree with appellee that competent substantial evidence does not support PERC’s determination that he lied in response to questioning during an August 23, 1988 investigatory interview concerning his reporting of the $20,467 profit on his 1986 federal income tax return. The transcript of the interview reveals that the questions posed by the investigator to appellee were at best vague, ambiguous and inartfully phrased. Although appellee’s answers thereto were also somewhat indirect and ambiguous, they did not amount to specifically identifiable untruths sufficient to support the charge and provide just cause to discipline appellee.
Consequently, we reverse PERC’s determination that just cause existed to discipline appellee. We remand to PERC for appellee’s full reinstatement and for awards of back pay for the suspension period, attorney’s fees and other expenses pursuant to Section 447.208(3)(b) and (e), Florida Statutes.
REVERSED and REMANDED.
BARFIELD and WOLF, JJ., concur.