NOTICE IS HEREBY GIVEN that on August 12, 2010, the Criminal Justice Standards and Training Commission has issued an order.
This matter concerned a request for a permanent waiver of paragraphs 11B-27.00213(4)(a) and (b), F.A.C., by Tabitah Williams received by the agency on July 16, 2010. The rule at issue requires officers employed on a Temporary Employment Authorization (TEA) to have a four year break in service before they may enter another TEA if they terminate the first TEA prior to completion. Petitioner Williams was terminated from her TEA for cause by her employer. She seeks a permanent waiver of the rule for her present situation in order to permit her to seek another TEA immediately so she does not have to wait four years to begin a new TEA. Notice of receipt of the petition was published in the Florida Administrative Weekly Vol. 36, No. 30, on July 30, 2010.
On August 12, 2010, at its regularly scheduled business agenda meeting held in Tampa, Florida, the Commission found that the Petitioner’s situation is not unique. The Petitioner did not demonstrate that the strict application of the Commission’s rules in this case would violate the principles of fairness because she was terminated from her TEA for cause. The Commission found that the purposes of the underlying statutes, to ensure that officers are properly trained and TEAs are properly administered, will not be met by granting this waiver request because the Commission’s statutes do not contemplate termination for cause as reflecting good recruiting. The Commission found that the Petitioner’s situation was caused by, nor was she harmed by the strict operation of the Commission’s rule. The Commission denied Petitioner Williams the requested waiver.
A copy of the Order may be obtained by contacting: Grace A. Jaye, Assistant General Counsel, Florida Department of Law Enforcement, P. O. Box 1489, Tallahassee, Florida 32327, (850)410-7676.