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  • Horne Letter of Intent

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    Wordofgreen
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    A letter of intent regarding a UHP Trooper facing discipline.

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    A letter of intent regarding a UHP Trooper facing discipline.

    Direitos autorais:

    © All Rights Reserved
    Baixe no formato PDF ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    7K visualizações11 páginas

    Horne Letter of Intent

    Enviado por

    Wordofgreen
    A letter of intent regarding a UHP Trooper facing discipline.

    Direitos autorais:

    © All Rights Reserved
    Baixe no formato PDF ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    de 11
    ite of Utah YR HERBERT INCLRJ.COX July 16, 2015 Brad Horne 5681 South 320 West Murray, Utah 84107 RE: Intent (o Discipline - Demotion Dear Lt. Home Having reviewed the information submitted to me by agency management, and having considered the discretionary factors in Department of Human Resource Management (DHRM) Rule 477-11, it is my imtent to recommend to Commissioner Squires that you be demoted from your position as a Lieutenant with the Utah Department of Public Safety. The intended demotion will consist of a reduction in pay to $32.52 per hour and a change in position and rank to Trooper. My recommendation is based on the following information: During your time with the DUI squad, you have conducted multiple traffic stops which appear to lack probable cause, destroyed contraband or evidence, instructed subordinates to conduct inappropriate law enforcement activities, instructed subordinates to stop audio recordings of your conversations with them on the scene of a traffic stop and used your position in the patrol to secure personal loans. Each of these offenses is in violation of policy and undermines the mission of the patrol to provide professional police and traffic services and to protect the constitutional rights of all people in Utah On November |, 2013, you stopped a vehicle on suspicion of DUI. You asked a trooper to take over the investigation and told the trooper you had stopped the vehicle because of an inoperable license plate light. You Jater told the trooper not to worry about the light and cite the driver for failure to signal and lane travel violations. Your changing story and the trooper’s observation that the light was in working order concerned him enough to seek advice from another supervisor. Intent to Discipline — Demotion July 16, 2015 Page 2 of 4 fearing the stop was improper. Taken in concert, they undermine your credibility asa leader and the trust of your peers and commanders. On July 19, 2014, you stopped a vehicle after it passed by you and other officers working a traffic stop while one or more of its occupants yelled obscenities in the direction of the traffic stop. ‘The other troopers present report that they observed no traffic or criminal violations to justify stopping that vehicle and believe that you only stopped the vehicle because of the yelling you heard. On August 16, 2014, you stopped one of a group of three motorcycles on suspicion of DUI. During your investigation, you noticed a person you believed to have been driving one of the other motoreycles among the on-lookers of your initial stop. You directed a subordinate trooper to arrest the man on suspicion of DUI and administer field sobriety tests. When the man would not cooperate, a warrant was sought and denied by a judge. Even so, you persisted and ordered the trooper to book the man into jail and issue @ DUI citation. The trooper refused to do so because he believed there was no probable cause for the action. I believe you were fully aware that your order was improper as you never discussed charging the trooper with insubordination with any superior or HR. These are just three examples of traffic stops you conducted where the probable cause for the stop is weak at best. Multiple troopers report that it was common for you to stop vehicles and then turn them over to other troopers for investigation with weak probable cause and no video evidence fo back your statements. Others reported that you instructed them to stop audio recordings during traffic stops. Still other times after questionable stops, you submitted reports so late that no action could be taken, effectively burying the matter. This conduct shows a pattern of cavalier and undocumented law enforcement that is in violation of policy and opens the Department to a great deal of liability On at least two occasions (November 14, 2013 and October 24, 2014) you failed to handle evidence properly and cither destroyed or ordered citizens to destroy drugs and drug paraphernalia. The latter oceasion was the same time you directed the trooper to stop his audio recording as referenced above. You then proceeded to instruct the trooper not to say anything about what happened with the drugs. Destruction of evidence is not allowed by policy. It is clear that you knew this because you ordered a Letter of Counsel to be issued to a subordinate trooper for destroying evidence in February 2014 and because you directed the trooper not to tell anyone what he saw you do, Intent to Discipline ~ Demotion July 16, 2015 Page 3 of 4 In December 2013, you asked the owner of a tow company for a loan to pay off. credit card debt so that the card could be used to reserve hotel rooms for a DUI squad enforcement activity. You later borrowed additional money from the man totaling several thousands of dollars. Although you deny using your position in the UHP to obtain the loan, it was not possible for you to avoid doing so. You knew the man because his tow company is on contract with the state and UHP. le position when you asked for a loan because he You put him in an impos: knew that you were the commander of the DUI squad and that refusing to loan you money could result in Jess business for his company as you could have influenced the rotation of companies used for tow services. Thus, whether you explicitly named UHP as you procured the loan, approaching this person for a Joan cast the UHP in a poor light—especially where you acknowledge you have made no payment on the loans. This is in violation of the Law Enforcement Code thies wherein you agreed to “keep [your] private life unsullied as an example to all.” of, During your more than 27 years as a law enforcement officer, you have accomplished a reat deal of good. However, that same experience makes it difficult for me to believe that vehicle stops with questionable probable cause, destroying evidence or ordering subordinates to make improper arrests were due to any misunderstanding of policy and procedure by you. A leader in the Highway Patrol must lead by example in policy compliance and inspire confidence in subordinate officers that you can help guide them to accomplish their goals properly, Your misconduct has actually created the opposite—an environment where policy violations are commonplace and mistrust and apprehension are prevalent. All of this clearly demonstrates that you should not be in a leadership role in the Utah Highway Patrol. Your conduct is in violation of Department of Human Resource Management (DHRM) Rule 477-9-1, governing standards of conduct, DHRM Rule 477-9-1, governing standards of conduct, Department of Public Safety (DPS) Policy 300.3, governing constitutional requirements, DPS Policy 303.1.2(c). governing general expectations of officers, DPS Policy 304,2(ad), governing gifts and gratuities, DPS Policy 516.3.1(b), governing disposition of drugs and drug paraphernalia, DPS Policy 609.2.1(a), governing discretion to arrest, DPS Policy 619.2(b)2, governing recording of police activities and the Law Enforcement Code of Ethics. It is, therefore, my recommendation to Commissioner Squires that you be demoted from your current rank and pay as outlined above If you wish to be heard on this matter. you have five (5) working days from your receipt of this letier to submit a written response and request a meeting with the Commissioner of the Department of Public Safety or his designee, and to have that response considered by him or his designee. Your request and written response should be sent to: Intent to Discipline - Demotion July 16, 2015 Page 4 of 4 DPS/Human Resources Attn: Bryan Embley PO Box 141775 Salt Lake City, UT 84114-1775 Email: bkembley@utah.gov Should you choose not to respond, or if your response is not received within five (5) ‘working days from your receipt of this letter. you will be deemed to have waived your right to be heard, and the Commissioner will make a final agency decision based on the information provided to him by agency management. Please direct any questions you may have regarding this process to the Human Resource Office for the Department of Public Safety at (801) 965-4744 Daniel Fuhr Superintendent, UP | acknowledge repefpyof this Jetterangicfderstand my right to respond as instructed above vnithin five woykKingdays fig the re€eipt of this letter. / ore nw fae oo —-/ Ss Employee Signature [30% Iho co Gl. Pole Make Korhn woke Ryprolr Utah Department of Public Safety Case #: 1514 0035 Executive Summary On August 16, 2014, Lt. Brad Home conducted a traffic stop on a group of three motorcyclists near 4500 South State St, Murray Utah. The probable cause for the traffic stop is questionable and there is no video evidence ofthe stop. Only one motorcyclist was stopped and detained; that driver was eventually arrested for DUL A pedestrian who walked to the area ofthe traffic stop, which Home believed was in the group of motorcycles, was also arrested. That pedestrian’s name a, That incident, as well as a numberof other concems with Home and his conduct was brought to the attention of UHP administration, and an LA investigation was ordered. The IA investigation uncovered several other incidents of questionable conduct by Hor Additionally, discovered during the investigation, was an incident where Home is alleged t0 have used the reputation of the Utah Highway Patrol to secure a loan from a private citizen who is a State of Utah contractor Utah Department of Public Safety Case #: 151A 0035 Disposition & Findings Terms of Findings: Unfounded: The complaint as alleged did not actually happen Exonerated: The allegations contained in the complaint were found to be true; however, the employee's actions were lawful and reasonable under the circumstance. Not Sustained: There is not sufficient evidence t0 prove or disprove allegations; therefor, itis resolved in favor of the employee. Sustained: The allegations were found to be true. Alleged Violation of DPS Policy and Procedure Law Enforcement Code of Ethics: Asa Law Enforcement Officer, my fundamental duty isto serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality and Justice. 1 will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scom, or ridicule; develop self-restraint, and be constantly mindful of the welfare of others Honest in thought and deed in both my personal and official lif, I wll be exemplary in obeying the Jaws ofthe land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty 1 will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions, With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or violence and never accepting gratuities. I recognize the badge of my office as a symbol of public faith, and I accept it as « public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession. ..Jaw enforcement. rest arrest SERED vehicle inventory ‘Traffic stop dated July 19, 2014 (Trooper Hurd)

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