ALJDEC decisions subject to certification as final
2020-025-POST · Peace Officers Standards and Training · 2022-11-07
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of the Hearing Regarding Denial of Peace Officer Certification to:
Woodrow L. Hoover,
Respondent.
No. 2020-025-POST
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: October 18, 2022
APPEARANCES: Respondent Woodrow L. Hoover (Recruit Hoover) did not appear. Assistant Attorney General Gino Duran appeared on behalf of the Arizona Peace Officers Standards and Training Board (AZ POST).
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
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FINDINGS OF FACT
1. On or about May 14, 2019, Respondent Woodrow L. Hoover (Recruit Hoover), filed a peace officer certification application with AZ POST. See Exhibit 4.
2. Recruit Hoover was recruited by the Phoenix Police Department (PPD).
3. Recruit Hoover certified that he agreed to be bound by the Peace Officer Code of Ethics included in the application. See Exhibit 4.
4. In November and December of 2019, Recruit Hoover attended the Phoenix Regional Police Academy (PERPA). During that time, Sergeant Michael Long was a trainer at PERPA.
5. Sergeant Long read the rules and regulations of PERPA to recruits on the first day of training. See Sergeant Long’s testimony on the Hearing Audio Record (0916 2022-10-18).AAC at 23:50 to 26:50 seconds.
6. On December 11, 2019, Sergeant Long learned that Recruit Hoover and four other recruits cheated on hundred block and radio code testing on November 25, 2019, December 9, 2019, and December 11, 2019. See Sergeant Long’s testimony on the Hearing Audio Record (0916 2022-10-18).AAC at 23:50 to 26:50 seconds.
7. Sergeant Long learned that a recruit was upset after learning that another recruit cheated on an exam and obtained a higher score. See Sergeant Long’s testimony on the Hearing Audio Record (0916 2022-10-18).AAC at 26:50 to 33:50 seconds. Sergeant Long interviewed the five recruits who were suspected of teaching. Sergeant Long interviewed each recruit alone. See id.
8. Sergeant Long learned from his interviews that Recruit Hoover received answers to the exams by observing hand gestures from another recruit; for example, placing the hands around the wrists signified handcuffs or an arrest. See Sergeant Long’s testimony on the Hearing Audio Record (0916 2022-10-18).AAC at 26:50 to 33:50 seconds.
9. Recruit Hoover admitted that he cheated by glancing at another recruit’s exam after the recruit slid the exam to the left enabling Recruit Hoover to see the answers. See Sergeant Long’s testimony on the Hearing Audio Record (0916 2022-10-18).AAC at 26:50 to 33:50 seconds. Recruit Hoover also admitted that he used certain movements of the mouth to indicate the answers to other recruits. See id.
10. The PPD notified AZ POST, through a termination report, that
Recruit Hoover was terminated from appointment status because he and several recruits cheated on hundred block and radio code testing on November 25, 2019, December 9, 2019, and December 11, 2019.
11. The matter was assigned to AZ POST Compliance Specialist Michael Deltenre. Mr. Deltenre reviewed the termination report and prepared a case overview that he later presented to AZ POST. The report shows that Recruit Hoover admitted to cheating on tests. Mr. Deltenre’s case overview provided, in relevant part, as follows:
1. On January 30, 2020, a termination report was received from the Phoenix Police Department with an effective date of December 12, 2019, regarding Recruit Woodrow Hoover, which indicated that the agency was aware of conduct that may violate AZPOST rules.
2. On December 11, 2019, PRPA Recruit Emilie Woijtowicz was interviewed by PRPA staff and told the investigators that Recruit Geena Bowles was upset because another recruit (later identified as Recruit Baltzell) had obtained most of his answers from her (Bowles) test and ended up scoring higher than she did.
3. Recruit Woijtowicz said she began to pay more attention in the classroom and saw people doing hand signals and mouthing (answers) to each other. She said they were using hand signals, which represented numbers, or pointing to things, which might provide a hint to the radio code in question.
4. On December 11, 2019, Recruit Woodrow Hoover was interviewed by PRPA class Sergeant (Sgt.) Long. Recruit Hoover was asked about cheating during tests. Hoover said, “On occasion I have been stumped with a few of them (questions) and I would kind of try to glance over at (Recruit) Haigh's paper to see if he had any answers that I didn't have. And on another occasion that I can recall I looked up over at (Recruit) Ferrin and I believe I think it was 42 (10-42 code), I mouthed, what's 42 to him, and he said something back but I don't remember if I could understand what he was lipping back to me.”
5. Recruit Hoover continued, “Umm, and what is odd is... knowing... well I guess I didn't know... well I guess it was something more affecting us getting the three strikes rule I think... I didn't realize the ramifications as much as I realize now; that it’s wrong and against regulations entirely. Umm, so I think that someone was helping me instead of cheating.”
6. Although Recruit Hoover said he initially viewed the cheating as receiving help, Sgt. Long asked him, “You can understand the difference on our views on this thing, right? Recruit Hoover replied, “Yes.”
7. Recruit Hoover told Sgt. Long that he did not recall giving answers or mouthing answers to anyone. He remembered asking Recruit Ferrin what 42 was. Hoover said, “Umm, and occasionally (Recruit) Haigh and I joke around a lot so I don't know if people have seen us talking as joking or but I don't... I know I have looked at his paper a time or two trying to get answers which... I think today I saw he - I looked for 240E and he had put escape and I knew that wasn't right. He kind of placed it left and I think her name is Sue (Sue Reilly Academy Staff member) was up in front, so I was like I'm not looking at your paper so I was trying to look away.”
8. Sgt. Long asked Recruit Hoover if Recruit Haigh intentionally gave him answers in the past. Hoover replied, “Umm, the first test, the first one I totally failed, I missed (six questions) so I didn't look at his paper or anything or even try. I don't think that I, not the second time and I don't need any help with the hundred blocks so, I think it was mostly today and when I mouthed to (Recruit) Ferrin ‘42’.”
9. Sgt. Long asked Recruit Hoover why he chose to ask Recruit Ferrin about the code 10-42 and Recruit Hoover said, “Umm, I just happened to look up and he had finished and so I just mouthed it to him because I was looking in his general direction.” Sgt. Long then asked, “Do you have any relationship with him?” Recruit Hoover replied, “We are on flag detail together.”
10. Recruit Training Officer (RTO) Bach asked Recruit Hoover, if when Recruit Haigh slid his paper to the left if Recruit Hoover thought Recruit Haigh was aware that he (Recruit Hoover) saw the answers and that the purpose of that was to help him (Recruit Hoover) cheat. Recruit Hoover said, “Umm, I believe it could have been - yes.” RTO Bach then followed up with, “Describe to me more, it either was or it wasn't (cheating). In your opinion, do you think he was allowing you to cheat off his paper...that was the intent of sliding it over to the left?” Recruit Hoover replied, “I believe so - yes.” 11. Effective December 12, 2019, Recruit Hoover (along with other recruits involved in the cheating) was dismissed from the academy and his employment terminated.
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12. On December 16, 2020, AZ POST voted to permanently deny a peace officer certification to Recruit Hoover. See Exhibit 7. However, AZ POST notified Recruit Hoover that he could proceed with his case or delay his case until AZ POST completed a process of changing its administrative rules regarding the definition of a denial. Under the new definition, AZ POST would have the option to deny AZ POST certification for a specific period of time. Recruit Hover chose to delay his case. See id.
13. On February 16, 2022, after the new definition of denial was adopted, AZ POST notified Recruit Hoover that his application was denied because he was “dishonest (cheated) during PERPA radio code and hundred-block tests.” See Exhibit 3.
14. Recruit Hoover requested a hearing.
15. The matter was referred to the Office of Administrative Hearings for an evidentiary hearing.
16. On August 9, 2022, AZ POST issued a Notice of Hearing setting the matter for hearing on October 18, 2022 at 9:00 a.m. The Notice of Hearing provided, in relevant part, as follows:
You may appear in person or without the assistance of an attorney on the date and at the time and place specified in this Notice of Hearing and present testimony, evidence, and argument in support of your positon with respect to the potential denial, suspension, revocation or cancellation of your peace officer certification initiated on February 16, 2022. The Administrative Law Judge will hear evidence and argument and render written recommended Findings of Fact and Conclusions of Law upon which the Arizona Peace Officer Standards and Training Board will base its decision regarding your certification.
YOU ARE FURTHER NOTIFIED that a prehearing conference has not been scheduled. The allegations against you are the following:
ALLEGATIONS
1. On November 25, December 9, and December 11, 2019, Phoenix Police Department Recruit Woodrow Hoover was dishonest by cheating on tests while attending the Phoenix Regional Police Academy.
RULES AND VIOLATIONS
The conduct is alleged to have violated A.A.C. R13-4-109(A), which was in effect at that time, as follows:
A. The Board may deny certified status or suspend or revoke the certified status of a peace officer for:
12. Engaging in any conduct or pattern of conduct that tends to disrupt, diminish or otherwise jeopardize public trust in the law enforcement profession.
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Please note that the hearing before the Office of Administrative Hearings is your only opportunity to call witnesses and present testimony, evidence, or argument in support of your position concerning the allegation; including evidence relating to any aggravating or mitigating circumstances you with the board to consider in determining a sanction. The Board will not consider additional testimony or documents after the hearing, or at the time it renders a decision. The Board will review the Administrative Law Judge’s recommended Finding of Fact and Conclusions of Law at a public meeting and make a final decision.
17. A hearing was held on October 18, 2022.
18. AZ Post submitted seven exhibits and presented the testimony of
Mr. Deltenre and Sargent Long.
19. At hearing, Sargent Long expressed that cheating is dishonesty.
20. Respondent did not appear, personally or through an attorney.
Consequently, Respondent did not present any evidence to establish that AZ POST’s decision was improper.
CONCLUSIONS OF LAW
1. The Arizona Legislature has empowered AZ POST to “[d]eny, suspend, revoke or cancel the certification of an officer” who does not comply with rules prescribing reasonable minimum qualifications for officers. See A.R.S. § 41-1822(C)(1).
2. The party asserting a claim or an affirmative defense must establish that claim or defense.
3. Recruit Hoover bears the burden to demonstrate that he meets the minimum qualifications for appointment as provided in A.A.C. R13-4-109(A).
4. The standard of proof on all issues is that of the preponderance of the evidence. See A.A.C. R2-19-119. A preponderance of the evidence is “[e]vidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.” Black’s Law Dictionary 1182 (6th ed. 1990).
5. AZ POST alleges that Recruit Hoover’s conduct violated A.A.C. R 13-4-109(A) (12) which provides that AZ POST may deny certified status or suspend or revoke the certified status of a peace officer for any conduct or pattern of conduct that tends to disrupt, diminish, or otherwise jeopardize public trust in the law enforcement profession.
6. The preponderance of the evidence shows that Recruit Hoover cheated on hundred block and radio code testing on November 25, 2019, December 9, 2019, and December 11, 2019 by receiving answers from other recruits, and giving answers to other recruits.
7. The preponderance of the evidence shows that Recruit Hoover’s conduct was such that it would disrupt, diminish, or otherwise jeopardize public trust in the law enforcement profession.
8. Furthermore, Recruit Hoover’s failure to attend the hearing or to present any evidence in his defense shows that at this time, he cannot be regulated.
9. Recruit Hoover failed to demonstrate that he meets the minimum qualifications for appointment as provided in A.A.C. R13-4-109(A).
10. The Administrative Law Judge concludes that AZ POST has authority to deny Recruit Hoover’s application pursuant to A.A.C. R13-4-109(A) (12).
Done this day, November 7, 2022.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted electronically to:
Matt Giordano, Director
Peace Officers Standards and Training
By Miranda Alvarez
Legal Secretary