3-2402-9804-2
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE BOARD OF PEACE OFFICER STANDARDS AND TRAINING
|
In the Matter of
the Disciplinary |
FINDINGS OF FACT, AND RECOMMENDATION |
The above-entitled matter came on for a prehearing conference before Administrative Law Judge Allen E. Giles at 2:00 p.m. on June 28, 1995, at 100 Washington Square, Suite 1700, Minneapolis, Minnesota. David E. Flowers, Assistant Attorney General, Suite 500, 525 Park Street, St. Paul, Minnesota 55103, appeared on behalf of the Complaint Committee of the Board of Peace Officer Standards and Training. The Licensee, Malcolm Johnson, did not appear at the hearing. Licensee’s last known mailing address is 409 Laurel Avenue, St. Paul, Minnesota 55102. No one appeared on behalf of the Licensee. The record closed in the matter at the close of the hearing on June 28, 1995.
Based on the filings and records in this matter, the Administrative Law Judge makes the following:
FINDINGS OF FACT
1. At all time relevant herein, Malcolm Johnson was licensed by the Minnesota Board of Peace Officer Standards and Training (“POST” or “the Board”), as a peace officer.
2. On September 19, 1994, Johnson was convicted of the offense of Misconduct of a Public Officer or Employee, Minn. Stat. § 609.43., in the District Court of Hennepin County, Minnesota. That offense is a gross misdemeanor. Johnson was sentenced on November 18, 1994, with imposition of sentence stayed for two years. Among the conditions imposed on Johnson was a requirement that he serve sixty days in the Hennepin County Adult Corrections Facility.
3. POST initiated a written complaint, dated November 22, 1994, based upon Johnson’s criminal conviction. Johnson was served with the Complaint and advised of his right to attend a meeting of the Board’s Complaint Committee where any further actions regarding Johnson’s peace officer license would be considered. Johnson did not attend that meeting. The Complaint Committee concluded that further proceedings were warranted and referred this matter to the Office of Administrative Hearings. A Notice and Order for Hearing was served on Johnson on June 7, 1995, to the address Johnson had on file with the Board. On June 21, 1995, the Board again served the Notice of Hearing on Johnson, this time to a new address for Johnson. The Notice indicated that a prehearing conference would be held in this matter and that Johnson’s failure to attend could lead to the allegations in the Complaint being taken as true. Johnson has not contacted the Judge nor attended the hearing in this matter.
Based on the foregoing Findings of Fact, the Administrative Law Judge makes the following:
CONCLUSIONS OF LAW
1. The Board of Peace Officer Standards and Training and the Administrative Law Judge have jurisdiction of this matter pursuant to Minn. Stat. §§ 214.10 and 14.50.
2. Proper notice of this matter has been given and all necessary procedural requirements have been met by the Board.
3. Johnson’s failure to appear at the prehearing conference in this matter and failure to contact the Administrative Law Judge constitute a default under Minn. Rule 1400.6000. Pursuant to that rule, the Judge takes the allegations in the Complaint as true for the purposes of this proceeding.
4. Johnson was convicted of a violation of Minn. Stat. § 609.43 on September 19, 1994. Minn. Rule 6700.1600(H) makes a conviction of that offense a violation of the standards of conduct for licensees. Johnson’s conviction of a gross misdemeanor under Minn. Stat. § 609.43 is a violation of the standard of conduct set by Minn. Rule 6700.1600(H).
5. Under Minn. Stat. § 214.10, the Board is authorized to take disciplinary action against a licensee who has been violated the standard of conduct for licensees.
Based on the foregoing Conclusions, the Administrative Law Judge makes the following:
RECOMMENDATION
IT IS RESPECTFULLY RECOMMENDED That the Board of Peace Officer Standards and Training take disciplinary action against the peace officer license of Malcolm Johnson.
Dated: July ___, 1995.
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ALLEN E. GILES
Administrative Law Judge
Reported: Taped, No Transcript Prepared
NOTICE
Notice is hereby given that, pursuant to Minn. Stat. § 14.61 the final decision of the Board shall not be made until this Recommendation has been made available to the parties to the proceeding for at least ten days, and an opportunity has been afforded to each party adversely affected to file exceptions and present argument to the Board. Exceptions to this Report, if any, shall be filed with John Laux, Executive Director of the Board, 200 Spruce Tree Center, 1600 University Avenue, St. Paul, Minnesota 55104-3825. Pursuant to Minn. Stat. § 14.62, subd. 1, the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail.