City of Hollywood v. Washington

384 So. 2d 1315
CourtDistrict Court of Appeal of Florida
DecidedJuly 22, 1980
Docket78-1871
StatusPublished
Cited by6 cases

This text of 384 So. 2d 1315 (City of Hollywood v. Washington) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Hollywood v. Washington, 384 So. 2d 1315 (Fla. Ct. App. 1980).

Opinion

384 So.2d 1315 (1980)

CITY OF HOLLYWOOD and Civil Service Board of the City of Hollywood, Appellants,
v.
James WASHINGTON, Appellee.

No. 78-1871.

District Court of Appeal of Florida, Fourth District.

June 18, 1980.
As Amended July 22, 1980.

Sherman Bennett Mayor, City Atty., James A. Thomas, Deputy City Atty., and Andrew De Graffenreidt, III, Asst. City Atty. Hollywood, for appellants.

Alan H. Konigsburg of Mavrides, Latimer, Shamres, Konigsburg & Platt, P.A., Fort Lauderdale, for appellee, James Washington.

HERSEY, Judge.

In July of 1977, appellee, James Washington, received written notification from the Chief of the Hollywood Fire Department that his employment had been terminated. Appellee was given a hearing before the Civil Service Board of the City of Hollywood in September of 1977. A majority of the Civil Service Board confirmed termination of appellee's employment, whereupon appellee petitioned for writ of certiorari to the Circuit Court. A final order was entered reversing the action of the Civil Service Board and requiring the reinstatement of appellee Washington. *1316 The City of Hollywood seeks review of this order.

Testimony elicited before the Civil Service Board provides the basis for the factual background upon which this Court must base its decision. The transcript of that proceeding discloses that appellee was a permanent civil service employee of the City of Hollywood Fire Department. Appellee reported late for work on a morning in March of 1977. He then requested reassignment to another station house in order to avoid further contact with individuals who lived in the area of the stationhouse to which he was assigned. He alleged that he and another fireman had been abducted by these individuals, who apparently believed that appellee and the other fireman had some knowledge concerning a substantial drug theft. Appellee's allegations were brought to the attention of the Chief of the Hollywood Fire Department, who then arranged with the Chief of the Hollywood Police Department to have a police officer assigned to investigate the kidnapping and the possible involvement of drugs. The Fire Chief arranged for an officer of the fire department to drive appellee to the police station to take part in an interview. As a result appellee met with one Sergeant Anthony Alderson in the police station on April 6, 1977. Sergeant Alderson indicated to appellee that he was in the process of investigating the drug aspects of the abduction. He explained appellee's right to remain silent, whereupon appellee declined to give a "formal statement." Sergeant Alderson gives the following explanation of the sequence of events that followed:

After giving his Miranda warning and after him refusing to waive his Miranda warning I then informed him any conversation that transpired between us would not be used in a court of law against him, nor could it be used in a court of law in a criminal proceeding.
I reiterated that the purpose of my questioning him there was to determine whether or not he had actually been a victim of an abduction. There had been mention of narcotics implications I indicated to him, then requested of him if he wished to file a complaint of having been a victim. He indicated he did not. I asked if he would care to discuss it, having already refused to waive the Miranda warning had there been any criminal proceeding. He indicated, at that time, he would talk to me with the understanding it could not be used in a criminal proceeding.
My intention at that time was to garner information regarding the alleged abduction and narcotics involvement, if any.

Appellee then proceeded to furnish certain details concerning the abduction. During the course of this discussion he made incriminating statements to the effect that he had received two grams of cocaine, of which he retained one gram for himself and gave one gram to another fireman and his wife.

Sergeant Alderson testified that he had attempted to make it clear to appellee that the entire interview would eventually be reported to the Fire Chief. He also testified that he told appellee that he was free to leave at any time. In fact, when appellee indicated that he wished to terminate the interview and that he did not want to discuss the matter any further until he had an opportunity to talk to the other fireman, the interview concluded. Appellee also indicated that if the other fireman was willing, they would assist the police in further investigations into the drug aspects of the situation.

Subsequently, appellee contacted Sergeant Alderson and made an appointment for another meeting. This meeting took place at the home of the other fireman referred to previously. Present were appellee, the other fireman, his wife, and Sergeant Alderson. At that meeting appellee repeated the incriminating statement that he had been in possession of two grams of cocaine, keeping one for himself and giving the other gram to the other fireman and his wife.

Some time later, appellee received a written communication terminating his employment on the basis of violation of Chapter *1317 IV, Section II, Rule 4 of the Fire Department Rules and Regulations, providing that:

No member shall conduct himself, on or off duty, in any way that will tend to bring discredit to the Fire Department or any of its members as a group or individuals.

At the hearing before the Civil Service Board, appellee sought to suppress the incriminating statements as violative of his Fifth Amendment rights. The motion to suppress was denied.

On appeal, the circuit court determined that the motion to suppress should have been granted and that, by virtue of the termination of his employment, appellee was denied his constitutionally protected right to due process of law.

Appellee's legal position on this appeal is that the statements made by him during the interviews may not be used against him as a basis for the termination of his employment by the City of Hollywood because he was interrogated under circumstances giving rise to the protections of the Fifth Amendment. Implicit in this position is the principle that government employment constitutes a property right, loss of which may constitute a penalty or forfeiture. Furthermore, appellee's position includes inferentially the claim that there was an effective grant of immunity which would act as a bar to the testimony of Sergeant Alderson concerning the incriminating statements.

We first turn our attention to the basic question of appellee's rights under the Fifth Amendment to the Constitution of the United States, that is, whether statements made by appellee pursuant to a grant of immunity could be used as the basis for termination of his employment in that context. The self-incrimination clause of the Fifth Amendment, applicable in state proceedings through the Fourteenth Amendment, Malloy v. Hogan, 378 U.S. 1, 84 S.Ct. 1489, 12 L.Ed.2d 653 (1964), provides that no person "shall be compelled in any criminal case to be a witness against himself." The Supreme Court has uniformly held that the right protected here is the right to avoid criminal sanctions. Ullmann v. United States, 350 U.S. 422, 76 S.Ct. 497, 100 L.Ed. 511 (1956).

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Bluebook (online)
384 So. 2d 1315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-hollywood-v-washington-fladistctapp-1980.