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VERNICE L. BROWN Appellant
vs.
CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION Appellee.
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Issues:
Random testing, policy and procedure, evidence, cocaine, public employee.
Case Summary:
Vernice Brown, a former officer with the City of Pompano Beach Police Department, appeals a review board's decision revoking his criminal justice certification. Department officials dismissed Brown after he posted a positive result for cocaine in a random drug test. Brown petitioned for a review of his case. A hearing officer concluded the department failed to prove Brown used cocaine. The hearing officer recommended dismissal of the charges against Brown. The department submitted the issue to a disciplinary commission.
Decision of lower jurisdiction:
The Criminal Justice Standards and Training Commission rejected the hearing officer's recommendations and affirmed the department's actions. Brown now appeals.
Outcome:
Brown wins. The Florida Court of Appeals, Fourth District, reversed the commission's decision. The court stated the commission improperly considered evidence against Brown. The court remanded the case with an order to adopt the hearing officer's recommendations.