Police Department Internal Investigation

Lake Wales Police Department Conduct Review Recommendation Form
Date of Complaint: _0_5_;_IO_7_;_1_10 _

Conduct Review Number: 10-09 (peSO IA 10-21)

Complainant: Chief Herbert Gillis

Incident Date: _0...,;.5/_0....,:11_1_0 _

Member Involved: Sergeant Burney Hayes

Investigator: Inspector Shawn Whitmer

Review and Recommendation of Supervisor

All ti a Member Responsibilities - (4 Violations)

ega Ion ne:

Policy Cite: 2-10 (SOP)

Finding:

oxr Sustained [0 Exonerated

o Not Sustained D Policy Failure

[Q Unfounded [] Other

Allegation Two: Conduct Review Policy Cite: 9-1 (SOP)

Finding:

Il&1I Sustained o Exonerated

bl Not Sustained []l Policy Failure

[] Unfounded [] Other

Allegation Three: Crime Scenes and Major Crimes Policy Cite: 13-2 (SOP)

Finding:

rEl Sustained bl Exonerated

D Not Sustained D Policy Failure

[] Unfounded D Other

Allegation Four: Group II Offenses ( 4 Violations) Policy Cite: 2-211.07 (City PAP)

Finding:

IiEI Sustained Id Exonerated

Allegation Five:

Policy Cite:

D Not Sustained o Policy Failure

[] Unfounded OJ Other

Page 1 of3

Revised October 1, 2006 All other editions are obsolete


Finding:

PJ Sustained Pl Exonerated

0] Not Sustained 0] Policy Failure

p] Unfounded CJ] Other

Comments:

Signature

Date

Review and Recommendation of Division Commander:

[f0"Agree with finding on allegation(s) number ----'/~,.'-".2<::....,L...1 J....; . .L'_,:,qe,o::",_,.,,'---L.Y' _

[] Disagree with findings on allegations(s) number _

'- [] Recommend more investigation

Comments:

•

Date

Page2of3



Review and Recommendation of Deputy Chief of Police:

IE1 Agree with finding on allegation(s) number _""-'I,<-=.2.OLt .... 4 .... ,_.'tL...- _

[] Disagree with findings on allegations(s) number _

o Recommend more investigation

Comments:

08'

Signature

Review a nd Recommendation of Chief of Police:

IIlJ"Agree with finding on allegation(s) number ...J1 ... ,.IIIl..,., ... i'+ .... oM_L...Lr;:;...L._--------

o Disagree with findings on allegations(s) number _

[0 Recommend more investigation

Comments:

Sig!tlture Review by Member

Date

OsJO&./lO

[J I accept the findings of the investigation

[0 I do not Accept the findings of the investigation o I accept the disciplinary action

[] I will appeal the disciplinary action

Signature of Member Disciplinary Authority

Date

Signature

Date

Page 3 of 3


Lake Wales Police Department

133 East Tillman Avenue - Lake Wales, Florida 33853

(863) 678-4223 Office (863) 678-4298 Fax

Memorandum

To: Burney Hayes, Sergeant

From: Troy Schulze, Captain f/?J Date: May 7, 2010

Ref: Notice of Internal Investigation

You are hereby notified that an internal investigation is being conducted to determine if you violated the Standard Operating Procedures of the Lake Wales Police Department and/or the Personnel Administration Policies of the City of lake Wales. This investigation is authorized by the Chief of Police.

The nature of the complaint is as follows:

As a Sergeant assigned to the Patrol Section, you failed to supervise the law enforcement officers assigned to your unit. Specifically, in a period from April 30 to May 1, 2010, the officers assigned to your unit were unable to contact you by telephone, radio or in person to receive direction, guidance and instruction during a critical incident in which a violent offender barricaded himself in a residence. Furthermore, you failed to notify the on-call commander of the critical incident. Finally, you failed to obey an order (written instruction) to use your Global Positioning System (GPS) to continuously transmit your location to Telecommunications.

The complainant in this investigation is;

Chief of Police for the City of Lake Wales

The member in charge of the investigation is:

Polk County Sheriff's Office

The Standard Operating Procedures and/or Personnel Administration Policies that may have been violated include, but are not limited to the following:

1. Lake Wales Police Department Standard Operating Procedure 2-10, Member Responsibilities

2. lake Wales Police Department Standard Operating Procedure 13-2, Crime Scenes and Major Crimes

3. City of Lake Wales Personnel Administration Policy, Group 1 Offenses 4, City of lake Wales Personnel Administration Policy, Group 2 Offenses

You are hereby ordered by the Chief of Police to fully cooperate with the investigation, to appear when so directed, to answer all questions fully and truthfully and to present all information and/or evidence relevant to this investigation when so directed by the member in charge of the investigation,

Building Partnerships for a Safer Community

Members under investigation are required to answer truthfully and fully all questions related to the performance of their duties. No form of untruthfulness during this investigation will be tolerated. Untruthfulness may result in termination of employment. Withholding pertinent information shall be considered being untruthful.

'-

You are hereby ordered by the Chief of Police not to discuss this investigation, your testimony or possible testimony or any other testimony or evidence you may have reviewed of provided related to this case until such time as the case is concluded. You may review the case and discuss your testimony with counselor any other representative of your choice prior to your interview.

Until completion of this investigation your duty status is as follows:

__ Duty as Usual

__x_ Duty limited Shift Transfer with Sergeant William Smith effective immediately __ Suspended from duty (with pay)

__ Suspended from duty (without pay)

Administrative Leave

You will be notified of the results of this investigation and action to be taken, if any, in writing.

I have read and understand all of the proceeding, and have been provided access to a copy of Florida Statute 112.532, known as the Police Officers' Bill of Rights.

~'r S~nature

Date[Time

4- Z 74"0 qn(

Date[Time

-'._,...




(863) 678-4223 Office (863) 678-4298 Fax

Memorandum


from: Troy Schulze, Captain f!!P>

CC: File

Date: June 22, 2010

Ref: Notice of Interview

Today I received a phone call from Inspector Shawn Whitmer with Polk COunty Sheriff's Office. Inspector Whitmer has been assigned to conduct an internal investigation of which you are the subject of allegation. Inspector Whitmer advised me you failed to report for your interview on June 22, 2010, at 10:00am as you were directed.

Inspector Whitmer has rescheduled your interview for Thursday, June 24, 2010 at 1:00pm. The location of your interview is Polk County Sheriff's Office Command Center 1891 Jim Keene BlVd. Winter Haven, FL 33880. Inspector Shawn Whitmer is who you are to make contact with. Phone numbers for Inspector Whitmer are (863) 298-6506 or (863) 298-6508.

'-

I acknowledge receipt of this memorandum and will appear as directed:

rgeant

J. ~.1.2. - 1//

Date

Date

',_.

Bui/ding Partnerships for a Safer Community

Lake W.1as Police D.,.rbnent

PS!7 ~;


(863) 678·4223 Office (863) 678-4298 Fax

Memorandum


From: Herbert Gillis, Chief of Police HG Date: August 4, 2010

Ref: Concluded Investigation

In accordance with Article 9.2 of the Collective Bargaining Agreement between the City of Lake Wales and the West Central Florida Police Benevolent Association, I am providing you with a copy of the concluded investigation for your review. While the investigation is no longer active, based on my review of the documents forms, and reports contained in Polk County Sheriff's Office Administrative Investigation Al10-21, I may proceed with disciplinary action. You may, however, provide a written response before I make an initial recommendation of disciplinary action. Your response must be in writing and provided within 48 hours after receipt of this memorandum.

t - i- It> /IJZiJ


MEMORANDUM

'.._

To:

Burney Hayes

"CONFIDENTIAL" - EXEMPT FROM PUBLIC DISCLOSURE UNTIL CONCLUSION OF IMMINENT OR ACTUAL LITIGATION OR ADVERSARIAL ADMINISTRATIVE PROCEEDINGS PURSUANT TO F,S, SECfION 119.07)(1 )(ot

From:

Herbert Gillis, Chief of Police

Subject:

Lake Wales - Notice of Potential Disciplinary Action & Right to Predisciplinary Hearing

Date:

August 9, 2010

I have reviewed Conduct Review 10-09 and Polk County Sheriff's Offiee Internal Affairs Investigation IA 10-21 (hereafter "IA 1 0-21 "). I have also reviewed the decision of then City Manager Anthony Otte dated March 19, 2009 wherein he demoted you from Lieutenant to Sergeant based upon charges by me, which included insubordination and conduct adversely affecting efficient operation of the Department. The decision was made following a due process hearing at which you were represented by counsel. I have also reviewed your employment record.

Based upon the above, I am considering disciplinary action up to and including termination of your employment for the following reasons:

',_

L On May 1, 2010, you traveled to your residence while on duty without notifying Telecommunications. Efforts to contact you by radio and cell phone were unsuccessful. You know that you are required when on duty to be able to be contacted by radio and/or cell phone and that you are to remain on duty unless you are on authorized break or receive permission to engage in personal off-duty activities from your immediate supervisor or from me. You neglected your assigned duties and responsibilities. Not only did you fail to do so, you also failed to answer your cell phone or to be available by radio. In short, you were AWOL.

2. Furthermore, a very important part of your job is to respond to inquiries and direct the activities of the members of your unit. On the date in question you were needed by members of your unit to answer specific questions and give them work-related instructions involving the aggravated battery situation on May 1, 2010 and you were not available to do so as required.

3. Because of your unavailability and your absence from duty without authorization, you did not fulfill a number of the specific requirements that you would have been required to fulfill had you been on duty or available by radio or cell phone with respect to an aggravated battery on May 1, 2010. Those duties and responsibilities are known to you as part of your job and include, among others, the duties and responsibilities set forth in SOP Sections 2-10 and 13-2 and your job description.

4. On June 24, 2010, during an interview conducted by Deputy (Inspector) Sean Whitmer, it appears you did not fully and truthfully respond to questions concerning your leaving working and going home and sleeping.

Hayes Hearing.08.04.1O

MEMORANDUM

Page 2of3

5. a) On May 5, 2010 you were given specific written orders by Captain Troy Schulze to fully

cooperate with, appear when directed by and answer all questions fully and truthfully during an interview with PCSO Investigator Whitmer.

b) On June 17,2010, you committed with PCSO Investigator Whitmer to be interviewed on June 22,2010.

c) June 22, 2010, you failed to appear for the interview. You did not obtain prior approval not to appear, nor did you notify Deputy (Inspector) Sean Whitmer or any member of the Command Staff that you would not be able to appear. You knew, or should have known you must have said authorization not to appear or at the very least notified Deputy (Inspector) Sean Whitmer or Captain Schulze you would not be able to appear and presented an adequate explanation. You did neither. Your failure to appear and/or to obtain prior permission or even to notify either one or both of them constitutes insubordination.

6. In addition to being demoted from Lieutenant to Sergeant on March 19, 2009 (A ttachment 1 is a copy of the Decision):

"_'

a) On June 23, 2009, you were issued a disciplinary Letter of Guidance that directed you that while on duty you were not to conduct, participate in, manage or otherwise use City equipment or resources for AAU Lake Wales Senior High School, Police Athletic League (PAL) or other athletic or recreational activities or events. Despite this clear warning and instruction, when you were on duty on May 1, 2010, as referred to above, you went to your residence without notifying the Department, to prepare athletic uniforms and/or to work on PAL business.

b) On December 18, 2008, you were involved in an incident detailed in the Letter of Guidance of June 23, 2009 involving a vehicle stop. In that review it was found that you acted inappropriately because you performed a vehicle stop without having a portable radio, thus you were made aware at that time of the necessity to have a mobile or portable radio (or your cell phone) available at all times when on duty so that you can be contacted.

c) On November 22, 2006, you were issued a written reprimand for being late for training, interrupting a training class, leaving class, returning late from breaks, sleeping during training and conducting yourself in a manner bringing discredit to yourself and the agency.

d) On February 22,2000, you were suspended without pay for twenty (20) hours.

c) On May 14, 2009, you entered a Pre-Trial Intervention Contract with the Office of the State Attorney because you were charged with battery. The contract placed you on probation for one (1) year and required you complete an anger management course.

" ___

Hayes Hearing.U8.04.1O

MEMORANDUM

Page 30f3

1) On July 1,2009, you were suspended without pay for one (1) week and required to complete sexual harassment training because of inappropriate behavior involving a female employee of the City (See Attachment 2)

Not only is your conduct a violation of the listed Departmental SOPs above, it violates PAP 2-211 Disciplinary Action, Section 2-211.07 Group I Offenses 3, 11; Group II Offenses, 2, 7, 12, 15, 16 and/or 26 (See Attachment 3).

A copy of Conduct Review 10-09 and IA 10-21 has been provided to you and you were given forty-eight (48) hours to respond before I made my final decision to issue this memorandum.

The witnesses to the conduct as described herein are identified in the Attachments and/or in the body of this Memorandum or in the IA 10-09 file you were supplied.

Before I make a decision as to what disciplinary action, if any, I will take on these charges, you arc entitled to a pre-disciplinary hearing before me at which time you will be entitled to present your position verbally and in writing with regard to the charges set forth in this Memorandum. If you wish to have such a hearing, you need to let me know by 4:30 p.m., Thursday, August 5, 2010. If you elect to have such a hearing, it will take place as follows:

Date: August 13, 2010

Time: 10:30 AM

Place: Lake Wales Police Department Headquarters

Enclosures: Attachment 1 - March 19,2009 Decision Attachment 2- 2009 Suspension/Probation Decision Attachment 3 - PAP Section 2-211.07

Hayes Hearing.08.04.1O

Lake W.1es Police Dep_rtment

133 East nllman Avenue - Lake Wales, Florida 33853

(863) 678-4223 Orftce (863) 678-4298 Fax

August 24, 2010

Ms. Karen Meeks P.O. Box 1598

Bartow, Fl. 33831-1598

CONFIDENTIAl. - Exempt from public disclosure until conclusion of Imminent or actuallitigstion or adversarial administrative proceedings pursuant to F.S. Section 119.071 (l)(d) and FS 112.532(4)(b)

Re: Sgt. Burney Hayes

Dear Ms. Meeks:

I hereby advise you that the allegations in paragraphs 6(e) and (t) have been withdrawn.

Furthermore, I have included for your perusal the actual written reprimand dated November 22,2006 and Burney's response thereto as Attachments 1 and 2. These are covered in paragraph 6(c) of the pre-disciplinary letter .

. _

A further review of Burney's personnel file by me has revealed additional disciplinary action reflecting on Burney's overall job performance, which, through inadvertence, I did not include in the initial pre-disciplinary notice. Thus, I am amending his pre-disciplinary letter by amending sub-paragraphs (e) and (f) as follows:

"6(e) On May 7, 2010 you were issued a written reprimand as set forth in Attachment 3."

"6(f) On October 6, 2009 you were issued a member counseling form as set forth in Attachment 4."

T have also attached a copy of the suspension without pay for twenty (20) hours referred to in paragraph 6(d) of the pre-disciplinary letter (Attachment 5).

]f your client would prefer to reopen the pre-disciplinary hearing to address the amended paragraphs 6(e) and (f), I will be happy to do so. Alternatively, you may submit your position on these amendments in writing.

If your client wishes to reopen the pre-disciplinary hearing, please let me know within five (5) calendar days. If he prefers to submit his position in writing, it will be due August 31,2010.


Sincerely,

Herbert Gillis Chief of Police

Enclosures: Attachment l=November 22,2006 Written Reprimand

Attachment 2 - November 29, 2006 Response to Written Reprimand Attachment 3 - May 7, 2010 Written Reprimand

Attachment 4 - October 6, 2009 Member Counseling Form Attachment 5 - February 22, 2000 Suspension Without Pay

cc: (w!enclosures)

Burney Hayes, [hand delivered]

W. Reynolds Allen, Lake Wales Labor Attorney [via facsimile 813.253.20061 Sandra D. Davis, Human Resources Director

'..._


t

I'

Lake Wales Police Department Supervisor Report of Incident

. ._

Date:

11/17/2006

Member:

Sgt. Burney Hayes

Division:

Support Services / Recreation

The Standard Operating Procedures and/or Personnel Administration Policies that may have been violated Include, but are not limited to the following:

1. S.D.P. 2-1 Member Responsibilities

2. COde of Ethics: PrincipalS

3. P.A.P. 2-211.07 (15) Group 1 Offenses-Tardiness

4. P.A.P. 2-211.07 (16) Group 2 Offenses-Conduct that adversely affects operation.

The nature of the inddent is as follows:

Lt. Elrod has made a complaint to me that during the Ethics training session instructed by the Florida Department of Law Enforcement, Sergeant Burney Hayes conducted himself in an unprofessional manner by;

-- 1.
2.
3.
4.
5.
6. Arriving late for training, without excuse.

Interrupting the FDlE instructor during the instructional phase of the program by speaking aloud out of turn, thus interrupting the instructional block.

Answering the cellular telephone during class, and leaving dass to take calls without permission.

Returning late from breaks.

Sleeping during the course, to the extent that it was obvious that he was asleep. Conducting himself in a manner which brings discredit upon himself and the Agency by engaging in the aforementioned conduct in the presence of numerous outside agencies.

[~ResoIVed - COrrective Action Taken WH~'" ~ .

[ ] Resolved - No Further Required

[ ] R.ewE9:

Supervisor Signature Date


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'-- (863) 678-4223 Office (863) 678-4298 Fax

Memorandum

To: Herbert Gillis, Chief of POlice From: Burney Hayes, Sergeant!J:i

Via: Chain of Command

Date: November 29, 2006

Ref: Disciplinary Action

This rebuttal is in response to the written letter of reprimand that I received in regards to my being accused of being disrespectful and unprofessional at the Ethics training held on 16Nov06 at the Commission Chambers. I level this opinion to be both presumptive and assumptive. I believe presumptive because of the stance that the Deputy Chief has taken against Policing and Recreation. I see this written reprimand as having ties to the catastrophe which occurred this past summer involving a child and Jackie McGriff, coupled with a recent allegation against myself of mental abuse against a subordinate. I see this as presumptive because of a lack of infoonation as to the reason for my actions in reference to some of the incidents that occurred.

Checks and balances always need to be in place and to occur in order to facilitate growth, cohesion, and effectiveness. This is why, I, Sgt. Bumey Hayes, would like to sincerely apologize for nodding off at some point of the seminar. I make no excuse, but J do ask for understanding. Most of our administrators at the Police Department know that I'm an up tempo person and sitting down for long periods of time in idleness aren't a strong suite of mine, especially without the intervention of more class participation. This training was a repeat of training that was held just before or shortly after the hurricanes of 2004. It did not help that the moderator's voice was soft spoken and rarely varied at any time. Towards the end of the training. I realized that I was struggling to stay awake and scanned the room, almost everyone in attendance were taking very long blinks, including the person who reported my "disrespectful behavior", whom t also gauged in conversation to help us both out at that point, and opinions were shared, with respectful disagreement on some points.

When informed of the desired date for this training, I informed the Chief, that this was the date for the Polk. Leisure Services Association meeting and that "we~ Lake Wales was the host for the meeting. I informed the Chief that it was not a favorable day for me, but if he didn't mind that I would make it work somehow. During the PLSA meetings, lunch is also the responsibility of the host, and to make this happen, and wanting to leave a very good impression, I solicited the help of my mother and a life long friend.


1

'_

Our recreation coordinator was coming off of a bout with a cold, and my part time person woutd be able to arrive until after the meeting was to have begun, therefore I was wOrking under duress of having to ensure that everything would be alright. One of my tefephone caUs was from our recreation coordinator, liz McCollough, which I answered inside of the training room, but quickly scurried to the hallway believing the call to be an emergency. I also received two other calls of importance that I stepped outside of the training room to receive in order not to be a distraction. As for me being late from the break, t had to talk with our Human Resource person in regards to ensuring that I was being both Ethical and Professional in regards to a sRuation that has now come to the forefront in regards to a former employee because of tell-tell signs that had come about. Our schedules had previousl,y clashed, and I was told by her, not to wait until it was too I!ate. Therefore I see the tardiness as a necessary evil of trying to be professional.

Being positively corrected for something I may have done wrong, I understand, but now having a better perspective and a small glance at a different point of view, I would ask if a written reprimand was in order:? I believe that this incident should only have amounted to, a verba~ reprimand at most and an inquiry of how help could be given to make the situation better. I'm only hearing from the Police Department in regards to when situations are not the most positive and productive. I've had to learn this position as Police Athletic-Activities Leag,ue/Recreation Manager literally "by the seat of my pants". It would be extremely hel:pfi:.d for pointers of administration to be given in scheduled meetings ahead of time, rather than post incident. This would benefit e~eryone more, especially the citizens for which we serve.

, --


2

133 East Tillman Avenue - Lake Wales, Florida 33853 (863) 678-4223 Office (S63) 67S-429SFax

Memorandum


From: Troy Schulze, Captain

cc, File

Date: May r. 2010

Ref: Written Reprimand - SOP 17-3

On May I, 2010, you were involved in a single car crash in the alley way behind Lake Wales Police Department. This crash occurred with you as the driver of a Lake Wales Police vehicle and you collided with a stationary pole. The report of this crash was made to Sgt. Lawrence Mccalley and the appropriate paperwork was completed.

This crash was brought to my attention on May 4, 2010. I was additionally told you had repairs done to the vehicle on your own by ~[l unknown vendor. SOP 17-3r Assigned and Fleet vehlces, clearly states members shall not have mechanical work or repairs made to their assigned vehicle by vendors. You having the repairs done on your own by an unknown vendor is clearly a violation of this policy. This memorandum shalf serve as a WRITTEN REPRIMAND for violating this policy. Also, you privilege to take your assigned patrol vehicle to and from your home has been suspended for a period of thirty (30) calendar days, During these thirty (30) days your assigned vehicle will be left at the Lake Wales Police Department Headquarters.

Any future violations of Standard Operating Procedures 17-3 will result in progressive discipline,

t?'lI'1f) y/ 0

Witn~~

Date

I '._

BUIlding Partnerships for a Safer Community

Lake Wales Police Department Member Counseling Form

Date: October 06, 2009 Member: Sgt B Hayes Section: 3-5

Violation: Details Synopsis of Violation:

On September 12, 2009 you had rolled Sgt Smith from a detail at the cinemas. You did not show for that detail. By not following policy you deprived the cinemas of security and a fellow officer of an opportunity to work the detail, Further action of this nature may result in suspension of privileges to work details.

Member Response:

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-u) k· /. 5 ."1:i.-rfl ,

Office of the Chief of Police

Date Received I ) ,4109

Date Copy Provided to the Human Resources Department \ \ 12 ~ 0 q

Date Rled \\\23/D1 Administrative Assistant 9 a.ol' ~

Counseling Forms shall be retained for a period of one (1) calendar year


Memorandum

Date: February 22, 2000

To: Detective Burney Hayes

From:

Mark LeVine, Chief of Police ,wV

Subject:

Notice of Final Determination and Discipline Internal Investigation 99-20

COpy

After reviewing the case file on the above case, and taking into consideration the comments and discussion at the pre-discipline conference that was held on February 18, 2000, I conclude the following:

1 - According to the statements and available evidence, there is not sufficient evidence to support a violation of the following department policies and these allegations should be ruled NOT SUSTAINED:

4.02.01 13.02.01

Performance of Duties of a Police Officer Falsification, Destruction of Records

2 - According to the statements and available evidence, there is sufficient evidence to support a violation of the following department policy and that violation should be ruled as SUSTAINED:

7.01.01

Performance of Basic Duties in a Competent Manner

I have determined that the appropriate disciplinary action is:

Twenty (20) hours suspension without pay.

You have the right to appeal this action as set forth in the union contract, or City policy.

You have an option concerning the disciplinary suspension as set forth in union contract Article 9.8 A. 3. If you wish to exercise this option you must notify me in writing no later than Friday February 25, 2000.

Signature of empIOyee:t,;;:'~ xl, . Date: ;::" Pti 7>2C>


Disciplinary Hearing for Sergeant Burney Hayes

This pre-disciplinary hearing is being conducted on August 18, 2010 at 2:18 PM at the Lake Wales Police Department Headquarters. I am Chief Herbert Gillis and I will ask that those in attendance to please state your name for the record. We will start with Mr. Allen.

W. Reynolds Allen the Firm of Allen Norton and Blue 324 Hyde Park, Suite 225, Tampa Florida 33611. I am the City's Labor Attorney

Sandra Davis Resource Director for the City of Lake Wales.

Karen Meeks representing Burney Hayes. My office address is 650 East Parker, Bartow.

Sergeant Burney Hayes Lake Wales Police Department

Chief Gillis- I have reviewed the documents and forms and reports related to conduct review 10-09, which is our case number and IA 10-21, which is the Polk County Sheriff Office case number. Before I make a decision as to what this very action, if any, I will take one of these charges. You are entitled to present your position and in writing in regards to the charges set forth in the Memorandum that was dated August 9, 2010. Before we proceed I am going to turn this over to our City Labor Attorney.

._

Mr. Allen- This is basically a pre-disciplinary hearing. The purpose of which is to get Burney and his counsel an opportunity to present any information they would like for the Chief to consider before he makes a decision whether or not he is going to discipline Burney. If so what the discipline will be. It is an informal hearing. Basically it is your opportunity to say yourself or through your counsel whatever you think the Chief should consider. Present any information you would like for him to consider. After that is done he will then take everything under advisement and make a decision and let everyone know. I assume that you have had an opportunity to review all the documents that have been supplied to you and in conjunction with the pre-disciplinary letter of the 9th and we have also, the Chief has had and reviewed Burney's response of August 6th. So with that being said it is basically your turn Karen.

Ms. Meeks- OK we will start. Actually the notice of potential disciplinary action there are a number of things on here that we feel are incorrectly, don't follow the stated operating procedures of the City, of the Police Department, City of Lake Wales. Some things that are just -inaudible-. Some things that are absolutely legally incorrect. I will start with the fact it is dated August 9th, saying OK you have to have a hearing and it will be on the 13th. Obviously Burney, sorry Sergeant Hayes.

Mr. Allen- I am sorry I didn't understand what you just said. Dated August 9th what.

Ms. Meeks- Is dated August 9th sayin~ you have a right to have a hearing on the 13th, and that you have to answer by the 5t . So obviously that is something that he corrected on his own because certainly that's just, looking at it, that's

Mr. Allen- Are you all ready your hearing today?

Page 1 of 11

lake Wales Police Department


',-,

Ms. Meeks- I think we are. There are a couple of things that I would attach to the record are some documents that I walked away and didn't bring it. I will get to you after the hearing but obviously we want to do that before the Chief makes his finding.

Mr. Allen- I have to ask you a favor please.

Ms. Meeks- Sure

Mr. Allen- I am old or can't hear. Can you speak up a little bit?

Ms. Meeks- I will try. I use my mouth to breath and talk and it doesn't work well. That isn't the first or the thousand times that somebody has said that. Given that I am - inaudible-

Mr. Allen- Thank you.

Ms. Meeks- But it hasn't hurt me. I am president of the trial lawyers this year.

Mr. Allen- I know you are. I hear about you all the time.

Ms. Meeks- 1 just stay in my office in Bartow. I am local quite.

Mr. Allen- They make the best lawyers.

Ms. Meeks- First let's start with paragraph 1 and it starts off on May 1, 2010. It says if he travels to his residence while on duty and comes up with a completion that Sergeant Hayes was AWOL. Factually, the facts could be construed in that way. The definition of AWOL that is stated in the operating policy of the Police Department for the City of Lake Wales doesn't include such a circumstance because the definition of AWOL, first of all he was on duty and if you work at what Lake Wales defines as AWOL the on duty is not included in that definition. So we contend that this notice phrased in this manner does not give Sergeant Hayes a clear definition of what it is that he is accused of doing. Because if we defend to AWOL that doesn't fit the facts. There were in paragraph 2 with a conclusion that is broad saying one of your duties is to respond to inquiries and direct the activities of members of your unit. Says he was needed to answer questions and that he was not available to do so as required. In the investigation there was testimony from a number of the officers that Sergeant Hayes supervised and this is sworn testimony taken by Sergeant Whitmer who completed the internal affairs investigation on behalf of Chief Gillis. Inspector Whitmer is an employee of the Polk County Sheriff Office. That statement doesn't match his conclusions, The, there were testimony from the officers that they received direction as to making as to where to go. Which officers were to proceed, and we will look at the specifics. Which officers were to proceed to the location that in fact one officer was told yes you should tell K-9 Officer that he should be there. Indeed the paragraph is overly broad. It does not comport with the conclusions nor by, not comport with the conclusions made by Inspector Whitmer. Specifically paragraph says you were not available. It doesn't take into account the sworn testimony of Officer Figueroa who stated that he had been given directions. That his Sergeant told him by phone to go to the location. That he had gone there. That he was told but he had questions about whether or not it was appropriate to enter the house. That he was

Page 2 of 11



instructed as to how to make the identification. That upon making such identification that he had explained to us, Figueroa that by talking to the resident of the house that he had appropriate consent. That he could enter the house. This testimony and any other findings made by Officer Whitmer were ignored and in the conclusions that were raised in paragraph 2: The testimony from Officer Figueroa was uncontroverted; He was there on May t", He was on duty. He was performing his duty. The paragraph as written is vague and excessively broad. Again that doesn't give Sergeant Hayes specific notice of the type of conduct that he is alleged to have engaged in and the effective nature of such conduct. In paragraph 3: it says because of your availability and absence from duty without authorization. Again the language is -inaudible- but never the less it says he did not fill a number of specific requirements. That is not giving the indication as to what the requirements are. That is specific, that it is difficult to defer from that notice what conduct that Sergeant Hayes is accused of engaging in that was not appropriate for the situation. If you recall the incident on May 1 st ended in this successful arrest of the, of the suspect in the case. That it was Sergeant Hayes who met in person, all right, met in person with the officers, gave them directions, gave them instructions, had subsequent telephone conversations with them directed not only Officer Figueroa to proceed to the scene, but also to have a K-9 officer proceed to the scene. Directed within to contact Polk County Sheriff Office Deputies who were anticipating in the arrest. Who were there and were available at the time. Sergeant Hayes made the determination that it was, was not a hundred percent certain whether that area was in the City or in the County. So you start saying the duties of the Sergeant we can't tell from this broad line what duties there are that he, that he has not complied with. In directing the officers on, one officer was directed to go to the hospital to speak to the victim. Another was directed to go; others were directed to go to the scene to apprehend the suspect. The officers had questions as to whether or not they had the legal ability to enter into the residence. They consulted with their Sergeant and was told that, that given permission that the permission they told him they had gotten from a third party, who said he is a resident at the location. That was sufficient permission for them to enter into the location to affect the arrest. So there are these findings were made through statements from the officers as well as Sergeant Hayes and confirmed through the investigation conducted by Inspector Whitmer. So it is as in the others we contend that it does not give Sergeant Hayes notice of the specific conduct that he is accused of, or a specific breach of conduct that he is accused. Paragraph 4: It says June 24th there was an interview conducted by Inspector Shawn Whitmer appears he did not truthfully respond questions concerning your leaving working and going home and sleeping. That was just flat out incorrect. Inspector Whitmer made no finding that Sergeant Hayes was sleeping on the job. Sergeant Hayes was asked if he had ever, he was asked whether he was sleeping on the job and his answer to that was no. He was asked did you go home and go to sleep. His answer to that was no. In finding, there wasn't any finding that he was, that he was home sleeping. So we content that one is not factually correct and therefore it just doesn't contort with the investigation that the City of Lake Wales Police Department ordered, adopted and is proceeding upon today. -Inaudible- you were given specific written orders by Captain Troy Schultz to fully cooperate. Sergeant Hayes contends that he did fully cooperate with Shawn Whitmer. The, Sergeant Hayes has a request to supplement the record, phone records where he contacted, contacted Investigator Whitmer to advise that he wouldn't be able to attend the interview on June 22nd. I have knowledge as to that because the reason he couldn't attend the interview on June 22nd was that I advised him I was unable to attend such hearing. We have phone records and would like to advise

Page 3 of 11



'_

FDLE info, which we will submit to you and would ask that that be reviewed. So in this one we are saying that the City of Lake Wales is factually incorrect. Paragraph 6:

Mr. Allen- Could I ask you a question about Burney. Are you saying that he has a record that shows that he in fact called Inspector Whitmer before June 22nd and advised him that he would not be able to appear?

Ms. Meeks- Yes cell phone records from his department issued cell phone.

Sergeant Hayes- It is in the interview.

Ms. Meeks- Oh yes and we were asked about that in the interview as well, the recorded interview. Shawn Whitmer took a break durihg the interview of Sergeant Hayes. There was a second officer in the room who was assisting Sergeant Whitmer in the investigation. When asked about this Sergeant Hayes advised Inspector Whitmer that he had, that he had attempted to call him. Whitmer says well all I did was put this on the calendar for the 1 ih and I didn't do anything more. There was a, there was at that point the second officer whose name I do not recall Farrell interrupted and asked if he might ask a question of Sergeant Hayes. He was given consent to do that by Inspector Whitmer. Then the next line and it is on page 17 of 24 of the sworn statement of Sergeant Hayes. It is near the top of the page so the initials are GF. GF says while you were gone, speaking to Inspector Whitmer, I looked at his phone and he has got where he placed a call to 519-3733. Whitmer says OK and he says, Farrell continues the call was placed at 4:38 and Whitmer says the 1 ih that would be the date I actually called. They go on back and forth and the phone was sold to Whitmer and he says oh that is this number here, referring to his office. Because that was conducted at the Sheriff Office Command Center.

Mr. Allen- That is on page 17, is that what you are saying?

Ms. Meeks- All on page 17. There was some discussion off the record because

Sergeant Whitmer was saying well, or I mean Inspector Whitmer was saying well we have just moved into the building. Our computers and the phone system are not all working together yet. He accepted after having examined the cell phone of Mr. Hayes and finding the call on the phone. That the call was made and the fault was with the new phone system that had not completely been intergraded into the computer system at the Sheriff Department. Paragraph 6: Refers to the demotion from Lieutenant to Sergeant. Again that is something that we, that paragraph contains information that we assert that is incorrect. But there are other difficulties that we have with it. We understand that progressive discipline is the policy of the Police Department City of Lake Wales. We don't see anywhere within the stated operating procedures or the administrative orders from the City of Lake Wales anything that defines progressive discipline. We do note that in the Police Officers Bill of Rights that there is discussion about a length of time that an investigation can be opened, 180 days. That there is a discussion regarding the fact that there is a certain amount of time that passes after which discipline may not be imposed. Mr. Hayes will help me but I will initiate that to the specific policies but what we will do is go through them Affix A through E. Another page. After that we would like to address the letter of -inaudible-. In this Memorandum paragraph 6A is says you were issued a disciplinary better guidance that while you were on duty you did not anticipate in or

''-..-,

Page 4 of 11



protector using City equipment for MU PAL or any other recreational activities. It says while you were on duty May 15t you went to your residence to prepare athletic uniforms and or to work on PAL business. We contend that this is incorrect factually that it does not comport to the findings of Inspector Whitmer from the Polk County Sheriff Department. That the only testimony ask you of that issue was at Sergeant Hayes said, well while I was at home I threw my kids uniform in the washing machine. That is not MU. That is not PAL or any other recreational activities. And of course this incident is alleged to have occurred around 4:00 AM or the time that he was at home was alleged to be around 4:00 AM. So there was no business activities going on as to MU Lake Wales Senior High or PAL at 4:00 in the morning. So we are attending that not only is the, not only is the paragraph reaching a conclusion that wasn't made by the investigation, that is just flat out wrong. Since on December 18,2008 I am not at paragraph B of number 6. December 2008 you were involved in an incident detailed with a letter of guidance viewed June 23rd• It says acted inappropriate, that he acted inappropriately because he performed a vehicle stop without having a mobile radio or a portable radio. To which we say OK that is a conclusion. This says something that he is being disciplined for again, which is something that a Lake Wales, that a Police Department and the City of Lake Wales is concluding was, we don't get it. OK. The incident itself is December 18, 2008 obviously almost a year and a half old, which is - inaudible- in terms of everything else that is included here. Also as to the letter of guidance itself. There is no indication whether a letter of guidance. There is no mention of what a letter of guidance is in the operation procedures or in the Administrative orders, whether a letter of guidance is discipline, whether the letter or guidance is, is a warning, whether it is, whether it is anything. So this one if it is to be used for a basis for discipline there is nobody -inaudible- in the Police Officer Bill of Rights stated operating procedures or the Administrative Polices of the City of Lake Wales that address a letter of guidance and what that it and how it is to, how it is to be used or interpreted by management in terms of discipline. Also in terms of discipline how long is an investigation into perceived misconduct to go on? If he is being disciplined in 2010 or a 2008 traffic stop. We would certainly assert that is -inaudible- of all of the policies that cover this collective bargaining agreement.

Mr. Allen- Excuse me.

Ms. Meeks- Similar argument as to paragraph C. Paragraph C counters, paragraph C discusses in November 22, 2006 the incident. First of all Sergeant Hayes at the time disagreed with this. At the training he was going back and forth because he was dolnq duty things. The department was hosting, please help me.

Sergeant Hayes- Help Leisure Services.

Ms. Meeks- OK

Sergeant Hayes- A monthly luncheon.

Ms. Meeks- OK as part of his duties he was to coordinate that. He kept getting phone calls going back, no kept getting phone calls regarding that, which is part of his duties to go back and forth. But at the time he contested that the department issued a written reprimand, and we know that they did. The question here is he being disciplined up to

Page 5 of 11



"-

and including termination for something that occurred in 2006? There is another. Paragraph E says on February 23, 2000 he was suspended without pay for twenty hours. There is nothing else, there is no other definition given there and we would note that is something that is more than ten years old and would assert again that it doesn't afford Sergeant Hayes the appropriate notice, with the appropriate notice as to what conduct he is being disciplined for. Paragraph E is just absolutely factually incorrect. Well it says

Mr. Allen- Paragraph, which one?

Ms. Meeks- 6E.

Mr. Allen- E as in Edward?

Ms. Meeks- Un-hun

Mr. Allen- I am sorry.

Ms. Meeks- OK entered into a pretrial intervention contract with the State Attorney Office. That works. That is true, Charged with battery is incorrect. This is Police Department and we would obviously assume that the, that the Police Department would know the definition of whether or not a person was charged with a crime. Sergeant Hayes was never charged with a crime. It says the contract places you on probation for one year and requires you to complete and anger management course. Again that is factually incorrect.

.,..._...

Mr. Allen- What is correct? That is what we need to know. If we said anything, we, the Chief has said anything that is incorrect but what he would like to know is if it is correct, incorrect tell him what is correct. So he can consider it please.

Ms. Meeks- OK, he completed an anger management course and was not charged with anything. But again we consent that we assert that this is hypervelent, saying that a person, particular a police officer is charged with a crime, is one of those things that is loaded. In fact the problem that I have with this entire Memorandum is that the conclusions are written in a way that seem, if you read them, that seem to be legal and factual but are absolutely written in a hyperbolic and bias manner. The perfect example is this; the City of Lake Wales specifically the Police Department was informed, involved and had access to everything as to this May 14th. There was an investigation done by the Florida Department of Law Enforcement and certainly it's is going to offend the knowledge of a professional law enforcement agency whether or not a person is charged with a crime. That is just flat out; if you put it at its best light, mistaken. Or if you stated it in its worse light it is wrong. Paragraph F, still under 6. On July 1, 2009 was suspended without pay and required to complete sexual harassment training. If one looks at the section 29, the sexual harassment policy at the City, First of all there was an investigation and this was determined to have been horseplay. The investigation was conducted by

Sergeant Hayes- Human Resource

'-

Page 6 of 11



Ms. Meeks- Human Resource. But as to, as to the findings. There were a number of things in the findings that don't comport with the policy of the City of Lake Wales. Number one in the July 1,2009 incident in addition to it being more than one year old. It is unclear whether discipline is being conducted there or if this just a recitation of history but nevertheless in the sexual harassment complaint section 9-1, which is called conduct reviews says conduct review shall not be expanded into any area not included in the original allegation of misconduct. Well in the sexual harassment complaint the reported victim of sexual harassment made no complaint. The complaint was generated otherwise, either by the, by the Police Department itself, but according to the conduct review policy there has to be sexual harassment, there has to be, in order for a person to be disciplined the victim of the sexual harassment must have indicated that the conduct was unwelcomed. Because there was no, the victim didn't make any kind of complaint. There was no factual evidence that the victim said it was unwelcomed. Moreover other areas of the policy of the Department of the City of Lake Wales say that if there is anonymous victim that is there is on inquiry into conduct. Because it is the policy of this department to notify people as to who is complaining and what their complaint is. The sexual harassment policy says if the complaint was determined to be false that no corrective or discipline action will be taken. So in this case there are; we have a number of problems listing this as prior discipline and actually it looks like a pattern and practice of treating this member differently than other members are treated and treating this member of the agency in a manner that is not consistent with the published policies of the City of Lake Wales. It is not consistent with the Administrative Procedures of the City of Lake Wales, Standard Operating Procedures defiantly inconsistent with the Police Officers Bill of Rights and the collective bargaining agreement. Moreover the Memorandum list that says well your conduct is violation, your conduct is volatile of specific department stated operating procedure and it names them. Then it says but also see discipline action group one offense and group two offenses. They are not specific. So as to that we are, as to this Memorandum that reports that Sergeant Hayes notice of what it is that he is accused of. We contend that it doesn't comply with the published policies of the department. If you like I can go right on into the letter of guidance and just

. include it all at this point. The letter Of guidance is dated June 23, 2009. It is referred to

in the Memorandum that reports to, that reports to notify Sergeant Hayes of the actions or the breaches of conduct for which he is to be disciplined. In looking at what is called a letter of guidance first of there is nothing in the stated operating procedures, the Police Officers Bill of Rights, the Administrative Orders of the Police Department that speak to a letter of guidance of what it is to be used for and whether it is or not discipline. Whether or not and how long such a thing is to take place. The letter of guidance is dated June 23, 2009 and it is again more than one year old. The letter of guidance also

Mr. Allen- The letter of guidance of letter refers to items that are over a year old. Is that what you are saying?

Ms. Meeks- Yes and the letter itself is more than a year old. So is he being disciplined for things that are more than one year old? And of course the letter of guidance says that it speaks of him having been demoted from Lieutenant to Sergeant and says well since that happened I have not experienced any repetition of the conduct that led to that decision. It goes through here. I think but I can't know because it is not listed in any of your published guidelines that the Chief is referring to what progressive discipline. We will point out that if that is what progressive discipline is then this current conduct is also

Page 7 of 11



not repetitive of any conduct that led to that decision. But again we can't know because there is no -inaudible- of definition of that term. As to published things that is it.

Mr. Allen- As to what?

Ms. Meeks- As to the published, as to the written things that's it. There is another thing that we would like to bring up. We have noticed and documented that there have been multiple occasions of police officers within the City of Lake Wales who were -inaudiblenot able to be reached by phone or radio. Such that other officers were dispatched to go out and look for them, locate them to see if the party was in trouble or to see what was happening. We noted two occasion that we found that were both recent that the period of time that the officers were out of contact was longer than the period of time that Officer Hayes, Sergeant Hayes was determined to be out of contact. We also noted that no discipline was taken in either of those cases.

Mr. Allen- Are you going to provide us with specifics?

Ms. Meeks- Yes

Ms. Allen- Good

Ms. Meeks- One, the first specific is Sergeant Nick Crosby. The date on that again it has been November 9, 2008. That Officer Hlas, H-L-A-S Hlas was out looking for Sergeant Crosby who had been missing for an hour and a half. -Inaudible- because of a traffic accident. The second one is Officer Desouza who was out of contact that officers had to go out and look for them.

Mr. Allen- What was the name again?

Ms. Meeks- Desouza. D-E-S-O-U-Z-A.

Mr. Allen- When did that happen? Do you know?

Sergeant Hayes- Inaudible-

Sandra Davis- Of this year or last year?

Sergeant Hayes- Last.

Sandra Davis- Last year.

Mr. Allen- Officer Desouza was out of contact

Ms. Meeks- By radio and phone.

Mr. Allen- Any witnesses to that that we can interview to check out?

Page 8 of 11



Ms. Meeks- Crosby. I will do a little bit more and let you know. If you don't hear from me after that within seven days there will be nothing else. As to the FDLE stuff we will get that to you immediately.

Mr. Allen- And the first one was Prosky

Ms. Meeks- Crosby, C-R-O-S-B-Y

Mr. Allen- Oh Crosby. And the guy who

Ms. Meeks- Hlas, H-L-A-S. It was later determined that Crosby because he was having problems at home with his son.

Sergeant Hayes- At his grandmothers

Ms. Meeks- While is grandmother in Frostproof was out looking for his son.

Sergeant Hayes- -Inaudible-

Ms. Meeks- OK. Back to the AWOL issue. Sergeant Hayes spoke of some difficulties, some problems he had had with the radio. It is part of the equipment design that when a person, he is big guy, not so, he is muscular, not fat but when he sits down. Why don't you explain what happens to a radio when you sit down.

Sergeant Hayes- At any given time for me eighty percent of the time when I get in and out of my vehicle. I either my radio bumps on, at that particular point in time, and a lot of times even sitting down in chairs such as this the volume on my radio may get turned down or turned up and blast. Most of the time if I get in and out of my car a lot of times it hits the; what now is the home button and it may change channels. You don't particular know it. I mean while you are sitting in the car you can rely on the car radio but if you get out and it's either the volume is down or if, if it has changed channels. Unless you pull it out and look at it you don't know. I never used that as

Ms. Meeks- And of course this was, was information wasn't part of Inspector Whitmer.

Sergeant Hayes- He didn't ask.

Ms. Meeks- OK he didn't ask.

Mr. Allen- Let me ask, not directed at the Sergeant, let me ask this over all question. Are you saying in essence that you do not believe that any of the allegations here are either; A- untrue or B- they do not warrant any kind of disciplinary action? Is that what you are saying?

Ms. Meeks- No

Mr. Allen- Ok that is what we would like to know. What is your position?

Page 9 of 11



Ms. Meeks- That, that the allegations here are expanded by a -inaudible- AWOL, sleeping, those kind of things that the incident where and stop me when I get something wrong. Now the incident that as stated to Inspector Whitmer Sergeant Hayes said I accept the fact that I was out of communications for a short period of time. That it was through my negligence. That is different than being, than sleeping. That is different than being AWOL. That's to degrees. That is what we are speaking of. Particularly given that there have met the incident that the officers were directed. They were directed appropriately and properly and they affected an arrest without incident. That the aggravated battery situation was successfully investigated and handled appropriately by the Police Department.

Sergeant Hayes- The only difference is the K-9 Officer Brown;

Ms. Meeks- OK

Sergeant Hayes- Which wasn't fully communicated of

Ms. Allen- Can you hear him alright?

Sergeant Hayes- Which wasn't fully communicated from me to the, definitely not from me to Brown.

Ms. Meeks- OK but you told another officer to tell Brown to report. OK

' __

Mr. Allen- They just followed that line of questioning for you Karen. So as I understand it what your position is yes he was negligent, he should have been able to be contacted. That is the only thing that you would agree that he made a mistake on. Is that correct?

Ms. Meeks- Yes sir

Mr. Allen- Ok and then what, assuming with that admission what, what does he think or you think, what do you all think is the appropriate disciplinary action for that conduct?

Ms. Meeks- I think there should be some but it has to be tempered by the fact that other officers has been out of touch and not been disciplined at all. That certainly termination would not be appropriate in this case. That we can only believe where the department is and the type of language used that we would purpose that a suspension would be a much more appropriate discipline in this case.

Mr. Allen- And you think that is the case in light of viewing disciplinary record in the , past?

Ms. Meeks- Well it depends on how and we can't know that because it is not published. How you define progressive discipline.

Ms. Allen- I assume that you, you already said that you understand that progressive discipline is significant. You just don't understand how we apply it.

Page 10 of 11



"_

Ms. Meeks- Right because the Sheriff Office there is published so it is easy for me to find. They view progressive discipline as, as a person is disciplined in a more stringent manner for repeat violations for the same sort of conduct.

Mr. Allen- You read, I assume that you are familiar with our PAP, personnel and the union contract?

Ms. Meeks- I am, yes, not the union contract not so much.

Mr. Allen- OK see when Burney was a Lieutenant he wasn't covered by this union contract. As a Sergeant he is covered. I am not sure you knew that.

Ms. Meeks- That one I know.

Mr. Allen- The Lake Wales PAP is not strict. It is not like you are talking about with the City or the Sheriff where you do this, this happens. You do that that happens. That is intentionally so in order to give management a certain degree of discretion to deal with each case on an individual item basis. I am just giving you some idea since you didn't understand. Chief do you have any questions of Karen?

Chief Gillis- I do not.

Mr. Allen- Anybody else? Do you all have anything else you would like to submit before the Chief makes his decision?

, '-

Ms. Meeks- Nothing other than the two things we previously mentioned.

Mr. Allen- And they are?

Ms. Meeks- They are the information regarding cell phone contact to Inspector Whitmer and I will get more information on Desouza incident I will submit that. The cell phone information you will get forthwith Desouza within seven days or I will inform you that we don't have anything.

Mr. Allen- Is that alright with you Chief?

Ms. Meeks- Thank you very much.

Chief Gillis- We will conclude at 3: 13 PM.

Page 11 of 11

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(863) 678-4223 Office (863) 678-4298 Fax

FAX

To: Chief Hester

From: Asst. Chief Velasquez

Fax: 863-5346349

Pages: 3

Phone: 863-534-6342

Date: 05/05/2010

Re: Request for Assistance

cc, File

Chief Hester,

Attached is the request for assistance we spoke about Monday evening. The Chief and I appreciate your help with this matter.

',-"

BUIlding Partnerships for a Safer Community



(863) 678-4223 Office (863) 678-4298 Fax

May 5,2010

Gary Hester Chief of Staff

Polk County Sheriffs Office 455 N. Broadway Ave. Bartow, FI, 33830

Re: Request for Assistance

Chief Hester,

Please consider this a formal request to assist the Lake Wales Police Department with a matter involving one of our employees.

On May 1, 2010 Sgt. Burney Hayes was assigned as a patrol supervisor for the Lake Wales Police Department. During the early morning hours the Lake Wales Police Department responded to a report of an aggravated battery (Sheriff's Call #S0121 0187). After investigating the matter Patrol Officer David Hernandez developed probable cause to arrest a suspect which resided in the unincorporated area of Polk County. Officer Figueroa and deputies from the Central and Southeast District went to the suspect's residence. The officers knocked on the door and were briefly met by the suspect, who closed the door on them and retreated to the interior of the apartment. Officer Brown of the Lake Wales Police Department arrived on scene. The officers at scene then determined the need to have supervisory guidance in the matter. The officers of the

Lake Wales Police Department attempted cellular telephone contact with Sergeant Hayes however, their calls went unanswered. The officers then attempted to have communications contact Sgt. Hayes via radio; however those calls also went unanswered. Allegedly 8gt. Hayes did not respond for some forty-five minutes. Officer Goreck of the Lake Wales Police Department then became concerned about Sgt. Hayes' safety and wellbeing and began attempting to locate him. As Officer Goreck was driving on Burns Avenue near Sgt. Hayes' residence, Sgt. Hayes finally answered the radio. Officer Goreck noted that Sg1. Hayes' marked patrol vehicle was parked at his residence while he was speaking with communications via the radio.

Chief Gillis has directed me to request the Polk County Sheriff's Office conduct an administrative investigation on his behalf to determine the facts and circumstances surrounding Sg1. Hayes' apparent lack of availability during on duty hours. Captain Troy Schulze will be the point of contact for any inquires or scheduling of officer interviews your office may have. Captain Schulze may be reached

'...__


at 863-678-4223 extension 259 (office), 863-632-3561 (cell), or e-mail at tschulze@cityoflakewales.com.

Sincerely,

Herbert E. Gillis

Chie 0

Christopher Velasquez Assistant Chief of Police


Member Responsibilities Section: 2-10 Chapter: General Procedures

Legal Standards:

This policy is for internal use only and does not enlarge a member's civil liability in any way. This policy should not be construed as creating a higher duty of care, in an evidentiary sense, with respect to third party civil claims against members. A violation of this policy, If proven, can only be a basis of a complaint by the Lake Wales Police Department for non-judiclal administrative action in accordance with the laws governing employee discipline.

PURPOSE

The purpose of this section is to establish responsibilities and provide members with guidelines for acceptable conduct.

POLICY

ThiS section shalt apply to all members of the Lake Wales Police Department.

COMPLIANCE

Members are required to comply with the Standard Operating Procedures of the Lake Wales Police Department whether on or offduty. Any violation of Departmental policy may result in disciplinary action up to and including discharge or termination of employment with the City of Lake Wales.

CONDUCT

Members at all times shall be civil, courteous and respectful in their behavior and demeanor. Members shall remain composed and controlled regardless of incitement or provocation.

Members shall conduct themselves with the highest personal honor and integrity. It is the doctrine of the Lake Wales Police Department that all persons are afforded equal protection under the law. Members will have an unprejudiced attitude toward all persons, regardless of age, color, creed, handicap or

disability, marital status, national origin, race, religion, sex or status as a disabled veteran.

Members shall conduct their private and professional lives above reproach. Members will not bring discredit upon the City of Lake Wales or the Lake Wales Police Department.

MEMBER INFORMATION

Members are required to maintain a working telephone. Members having telephone service resulting in long distance fees to and from the Lake Wales Police Headquarters are responsible for the payment of these fees.

Within 48 hours of the occurrence, members shall complete and forward a Member Information Form to the office of the Chief of Police documenting a change of address, marital status or telephone number.

No member shall provide the address or telephone number of a Department member to any unauthorized person. Only members of the Lake Wales Police Department and employees of the City of Lake Wales, who have a legitimate need, are authorized to receive this information.

Should an unauthorized person request the address or telephone number of member, the member presented with the request will inform the person that the information is confidential. The member presented with the request will obtain the requesting person's telephone

Effective: December 1, 2005 Revised: July 1, 2009 Amends:


Legal Standards:

number and forward it to the member in question.

MEMBER RESIDENCY

Members shall reside in such proximity to the Lake Wales Police Department Headquarters that they would be able to respond for recall within 1 hour of being notified of the need to report for duty. New members shall have 6 months to satisfy this requirement.

ALCOHOLIC BEVERAGE AND DRUG USE

'_

With the exception of members assigned to or working at the direction of the Investigations Division, no member shall consume or be under the influence of any alcoholic beverage while on duty. No member shall consume or be under the influence of any alcoholic beverage while wearing a uniform of the Lake Wales Police Department. When conducting undercover investigations, members assigned to or working at the direction of the Investigations Division may consume alcoholic beverages, but not to the extent that they become intoxicated,

Unless on-duty and on official business, members shall not visit or frequent bars, lounges, pubs, restaurants, or other businesses that have a poor reputation in the community.

Any member observed to be intoxicated in public or causing an altercation will be subject to disciplinary action.

Members shall not bring into or keep any alcoholic beverage or intoxicating liquor at the Lake Wales Police Department or any vehicle operated by the City of Lake Wales except as required in the performance of offldal duties.

Members shall not use illegal drugs or be in possession of illegal drugs, except as required in the performance of official duties.

ATTORNEYS AND BAIL BONDS AGENTS

No member shall directly or indirectly recommend the employment of any attorney or bail bonds agent.

IMPROPER CONDUCT

Members shall not interfere with the proper administration of justice. Members shall not attempt to interrupt judicial process except where a miscarriage of justice might otherwise occur, nor partiCipate in or be concerned with any activity that might interfere with the process of law. Except in the interest of justice, members shall not attempt to have any document, form or report reduced, removed, stricken or voided from any record or file.

Members shall not communicate in any manner, directly or indirectly, any information that might assist a person charged with or convicted of any criminal act to escape arrest, apprehension or punishment.

Members shall not in any manner, directly or indirectly, enable any person to dispose of evidence of unlawful activity.

No member of the Lake Wales Police Department shall make a false report or knowingly enter or cause to be entered in any document, form, letter, memorandum, report, etc. any inaccurate, improper or false information.


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Legal Standards:

Members recefvfng or possessing facts or information relative to a criminal offense or case shall not retain such facts or information through ulterior motives or desire for personal credit, but shall report the facts or information in accordance with the Standard Operating Procedures of the Lake Wales Police Department.

The content of any document, form, or report filed in the Lake Wales Police Department shall not be divulged, exhibited or released to any member of the public unless in accordance with the Florida Public Records Law, Chapter 119 Florida Statutes.

Information obtained through the NCIC or FCIC criminal justice information systems may not be released to any member of the public.

The release of any information other than that authorized by law is prohibited.

No member shall alter, deface, destroy, disseminate, falsify, release or remove any document, form or report without written authorization by the Chief of Police or designee.

No member shall knowingly make any false official report, written or oral, or give false or fictitious information during an investigation or inquiry.

Members shall not lie, provide misleading information or falsify written or verbal communications in official documents, forms or reports.

Members shall not provide misleading or untruthful statements or disclose partial truths during administrative investigations, civil

proceedings, criminal investigations, internal investigations, judicial proceedings or labor proceedings.

Members shall not falsify in whole or in part any certification record, document, form, employment application, public record, report or time sheet.

Members shall not provide persons with misleading or false information to avoid the completion of law enforcement services or the performance of their required duties.

Members shall not request others to unlawfully change, falsify or withdraw a report or cause the delay of any official written communication.

Members shall not falsify any report or testimony, in whole or in part, or fail to provide an accurate and complete report or testimony.

Members shall not knowingly fail to report damage or loss of Department equipment.

Members shall not fail to conduct a detailed and professional investigation or correct an investigative error that, as a result of, an innocent person is prosecuted.

Members shall not interfere unnecessarily with the lawful business of any person.

Members shall administrative asslqned tasks, members.

not knowingly interfere with or criminal investigations, or duty assignments of other

Members shall not, without written authorization from the Chief of Police, conduct any administrative or criminal investigation outside


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legal Standards:

the scope of their assignment.

Members shall not directly or indirectly, or by bribe or threat, attempt to secure the abandonment or withdrawal of a complaint or criminal charge.

Members against whom a complaint has been made or criminal charges have been filed, shall not directly or indirectly by appeal, by intimidation, by payment of money or other consideration, by persuasion or by threat, attempt to secure the abandonment or withdrawal of the allegations, charges or complaint.

Except as necessary in the performance of authorized official duties, members shall avoid continuous or regular associations or dealings with persons whom they know are under active criminal investigation, indictment, prosecution or who have a reputation in the community or the Lake Wales Police Department for involvement in criminal behavior.

No member shall knowingly use their official capacity, or any information gained there from, to hinder, interfere or become involved in any administrative or criminal investigation which involves, either by consanguinity or affinity, the member's spouse, parent or grandparent, child or grandchild, brother or sister or any other relative, friend or associate. While it is understood that members may have a strong natural desire to become involved, the member must refrain from any sense of impropriety that may be construed to bring discredit upon this Department or that member.

Consanguinity shall be defined as a blood relationship.

Affinity shall be defined as related by marriage.

CONTACT WITH CITY OFFICIALS

Any member contacted by a Commissioner, the City Manager, or the Mayor regarding issues related to the Lake Wales Police Department shall notify their supervisor or commander as soon as practical.

No member shall refer any member of the public to a Commissioner, the City Manager or the Mayor. If a member of the public has a request that can not be handled by the member, it shall be forwarded to a supervisor or supervisor.

COURTESY TO THE FLAG AND NATIONAL ANTHEM

The flag of the United Sates of America is representative of the principles the United States was founded upon. The National Anthem is a declaration of reverence and loyalty to the United States of America.

To insure uniformity and respect for the American Flag and the National Anthem, members of the Lake Wales Police Department shall follow the following procedures:

Sworn members in uniform wearing a hat shall render a hand salute to the American Flag when it is lowered, passed in review, presented or raised. Sworn members in uniform shall face the American Flag, stand at attention and render a hand salute until the action is completed.

Effective: December 1, 2005 Revised: July 1,2009 Amends:

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Legal Standards:

Sworn members in uniform wearing a hat shall render a hand salute when the National Anthem is played. In the absence of the American Flag, sworn members in uniform shall face the direction of the music, stand at attention and render a hand salute until the National Anthem is completed.

Members not wearing a hat or not in uniform shall not render a hand salute to the American Flag when it is lowered, passed in review, presented or raised. Instead, members not in uniform shall face the American Flag, stand at attention and place their right hand over their heart until the action is completed.

'.._

Members not wearing a hat or not in uniform shall not render a hand salute when the National Anthem is played. Instead, members not in uniform shall face the American Flag, stand at attention and place their right hand over their heart until the National Anthem is completed. In the absence of the American Flag, members not in uniform shall face the direction of the music, stand at attention, and place their right hand over their heart until the National Anthem is completed.

CURRENT INFORMATION

While working, members will inspect their assigned mailbox for incoming documents, forms, mail, memorandum, reports, etc daily. Mailboxes are for daily communication and will not be used to store documents, forms, memorandums, reports, etc.

While working, members will review their electronic mail daily.

While working, sworn members shall review the information posted on the bulletin boards located in Conference Room B daily.

While working, supervisors assigned to the Patrol Section will provide a summary of shift activity to all members by electronic mail daily.

DAYS OFF AND VACATION

Days off and vacations shall be determined in accordance with the Collective Bargaining Agreement between the City of Lake Wales and the West Central Florida Police Benevolent Association and the Personnel Administrative Pollcies of the City of Lake Wales.

DEBT

Members are responsible for their legal obligations which includes payment of legitimate debts on a timely basis.

Members shall arrange their personal financial affairs so that creditors and collection agencies will not contact the Lake Wales Police Department for the purpose of making collections.

Failure to pay legitimate debts in a timely manner may result in disciplinary action.

ENDORSEMENTS

No member of the Lake Wales Police Department shall authorize the use of their name, official titles or photographs, which identify them as Department members, in


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Legal Standards:

connection with advertisements or testimonials of any business or commodity, without authorization from the Chief of Police.

GENERAL RESPONSIBIUTIES

Members shall respond, without delay, to all requests for law enforcement services from members of the public.

Emergency calls take priority over all other law enforcement services. All requests for service shall be completed as soon as possible in accordance with the Standard Operating Procedures of the Lake Wales police Department.

Failure to answer a call or complete a request for law enforcement service promptly may result in disciplinary actions.

Members shall be immediately and readily available to the public while on-duty, Members shall not conceal themselves from the public unless conducting a legitimate investigation or operation.

Members shall remain awake while on-duty. If unable to remain awake, members shall notify their immediate supervisor. Sleeping while onduty is considered neglect of duty and is cause for disciplinary action.

Members shall notify their supervisor, if possible, or someone else in authority, before leaving their duty station or post for any reason, including illness or injury.

Unless conducting a legitimate investigation, operation, or taking a break in accordance with the Standard Operating Procedures of the Lake

Wales Police Department, members shall not loiter in any public place.

Members shall not unnecessarily interfere with the normal activities of other Departmental members.

Members shall constantly direct their best efforts to accomplish the functions of the Department intelligently and effiCiently.

Members shall not engage in any activity or personal business that may cause them to neglect or be inattentive to their assigned duty.

Members shall maintain sutfldent competency to properly perform their duties and assume the responsibilities of their positions.

Members shall perform their duties in a manner that will maintain the established standard of efficiency in carrying out the functions and objectives of the Lake Wales Police Department.

APPEARANCE AND GROOMING

Law enforcement is a uniformed service where competency is judged, in part, by the manner in which a member wears a prescribed uniform as well as by their personal appearance. Accordingly, a neat and well-groomed appearance by all members is fundamental to the mission of the Lake Wales Police Department and improves the effectiveness of law enforcement services provided to the community.

The effectiveness and strength of the Department is based, in part, on the confidence of the community. Through a conservative paramilitary image, members maintain pride and self

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legal Standards:

discipline as a means to obtain the recognition and trust of the community they serve.

It is the responsibility of commanders and supervisors to ensure that members under their span of control meet the appearance and grooming standards established in this section.

In the absence of specific guidelines, policies or procedures, the Chief of Police shall determine compliance with this section.

All members will comply with the appearance and grooming standards while in a Department uniform or while in Civilian clothes on duty.

The requirement for hair grooming standards is necessary to maintain uniformity within the Department. Many hairstyles are acceptable, as long as they are clean, conservative and neat. It is not possible to address every acceptable haircut, hairstyle or what constitutes conservative or extreme grooming. Accordingly, it is the responsibility of the Chief of Police to determine a member's compliance with this section.

Extreme or trendy haircuts or hairstyles that reduce the professional appearance of members are not authorized. Hairstyles that are prohibited include, but are not limited to, cornrows, dreads, faux-hawks, knots, spikes, mohawks, mullets, plaits and waves.

Haircuts or hairstyles that do not allow members to wear headgear properly or that interfere with the proper use of protective equipment are prohibited.

If bleaches, dyes or tints are used members should choose those that result in natural hair colors. Hair colors that are prohibited include, but are not limited to, blue, bright red, green, orange and fluorescent or neon colors.

Members who have a texture of hair that does not part naturally may cut a part into the hair. The part will be one straight line, not slanted or curved, and will fall in the area where the member would normally part the hair. Members will not cut designs into their hair or scalp.

Members may not wear hair coverings unless required in the performance of duties. Hair coverings include, but are not limited to, bandanas, chaponnes, dew rags, headbands and snoods.

Female members shall have hair that does not extend any further than 4 inches below their collar. Hair may be cut short to conform to this requirement. longer hair may be secured to meet this requirement. Double braids or pigtails shall not be permitted. Hair shall not be styled so that it hangs below the eyebrows. Hairstyles shall not interfere with the proper wearing of headgear. Hair that is unclean is not acceptable.

Male members shall have hair that when combed shall not touch the eyebrows in the front, extend beyond the top of the collar at the back or extend beyond the top of the ear. Hair that is unclean is not acceptable.

Sideburns will be neatly trimmed. Sideburns shall not extend past the past the center of the ear. Sideburns should be no wider than 1 inch.

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Mustaches will be neatly trimmed and will not be of an extreme design. Mustaches should not extend beyond the corner of the mouth or cover any portion of the upper lip. Mustache styles that are prohibited include, but are not limited to, osu, English, Fu Manchu, GG, Hungarian, Poncho Villa, handlebar, horseshoe, pencil, mouth brow, toothbrush and walrus. Goatees are prohibited.

Members who have a . documented medical condition or members that practice a religion that requires beard growth are authorized to have a beard. Beards will be neatly trimmed and will not be a natural design or length. All other members are prohibited from having a beard.

Sworn members assigned to the Special Investigations Section are exempt from the preceding requirements.

BODY MODIFICATION

Body modifications to any area of the body visible in any authorized uniform or attire are prohibited. Body modifications include, but are not limited to:

Abnormal filing of the teeth

Abnormal shaping of the ears, eyes, or nose

Branding or scarification

The complete or trans-dermal implantation of any object other than hair replacement

Tongue splitting or bifurcation

Nothing in this policy is to be construed as prohibiting body modifications necessitated by deformity or injury.

TAnOOS

Tattoos that depict, describe or otherwise refer to sexual acts, conduct, organs or orientation are prohibited.

Tattoos that depict, describe or otherwise refer to intolerance or discrimination against a person on the basis of age, color, creed, handicap or disability, marital status, national origin, race, religion, sex, or status as a disabled veteran are prohibited.

Members that have a tattoo or collection of tattoos that cover all or most of the arm between the elbow and wrist shall wear a long sleeve shirt to ensure the tattoo is not visible while on duty.

Effective January 1, 2009, members shall not acquire a new tattoo on any part of the body that would be visible while on duty. Parts of the body include, but are not limited to, the arms, face, fingers, hands, legs and neck.


JEWELRY

Jewelry shall be conservative in nature. Specifically prohibited are items of jewelry that detract from the professional image of the Lake Wales Police Department or constitute a potential safety hazard.

When in uniform, members shall not wear necklaces that are visible.

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Effective: December 1, 2005 Revised: July 1,2009 Amends:

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Legal Standards:

Female members, who are sworn law enforcement officers, may wear stud earrings. All other earrings are prohibited.

Unless assigned to the Investigations Division, sworn male members are prohibited from wearing earrings.

Members are prohibited from wearing eyebrow, nose or tongue rings while on duty.

Teeth, whether natural, capped or veneer, will not be ornamented with desiqns, jewels, initials, etc. The use of gold, platinum or other veneers or caps for the purposes of ornamentation is prohibited.

._


KNOWLEDGE OF LAW AND PROCEDURES

Every member is required to establish and maintain a working knowledge of all applicable Standard Operating Procedures of the Lake Wales Police Department, code of the City of Lake Wales and laws of the State of Florida.

In the event of an improper action or breach of discipline, it will be presumed that the member was familiar with the standard operating procedure, municipal code or state statute in question.

MEAL BREAKS

No member shall take a meal break or other break during the first or last hour of their assigned duty hours.

No more than 2 sworn, non-salaried, nonadministrative members in uniform may take a meal break or other break at the same time at the same public location without approval from a supervisor or commander.

Sworn members, who are not salaried employees, shall be permitted to suspend their assigned duties, subject to immediate call, for the purpose of having meals while working. Meal breaks shall not exceed 45 minutes. Sworn non-salaried members are also allowed 2 fifteen minute breaks during their assigned shift

Sworn members, who are salaried employees, shall be permitted to suspend their assigned duties, subject to immediate call, for the purpose of having meal breaks while working. Meal breaks shall not exceed 1 hour.

All other members shall be permitted to suspend their assigned duties for the purpose of having meal breaks while working. Meal breaks shall not exceed 1 hour.

Meal breaks shall be taken at locations in or contiguous to the municipal limits of the City of Lake Wales.

MEMBERS WHO ARE RESPONDENTS TO AN INJUNCTION FOR PROTECTION

Upon being served with an Injunction for Protection, a Temporary Injunction for Protection or a Notice of Hearing, a member shall immediately report such service to their immediate supervisor or commander, or if unavailable, to the on-duty supervisor or officerin-charge (OIC). The supervisor or Ole shall

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Legal Standards:

immediately report the service to the Chief of Police or their designee.

Members shall abide by and adhere to all language contained in any court ordered Injunction for Protection or Temporary Injunction for Protection and, if so ordered, will surrender all ammunition and firearms they posses to the Department. Any member so ordered shall not posses any ammunition or firearm.

The member will provide the Chief of Police with a copy of the court ordered Injunction for Protection, Temporary Injunction for Protection, or Notice of Hearing.

The member will immediately notify their supervisor of cancellation, change, expiration or update relating to the Injunction for Protection, Temporary Injunction for Protection or Notice of Hearing. Upon cessation of the Injunction for Protection or Temporary Injunction for Protection, the member's restriction concerning firearms will be discontinued and the member may then posses firearms. If, after a judicial hearing, there is not extension of the Temporary Injunction for Protection, no action shall be taken with respect to federal regulations relating to the possession of firearms.

If a sworn member is a respondent to a Permanent Injunction for Protection Against Domestic Violence or is convicted of a crime of Domestic Violence, the sworn member will surrender their service ammunition and firearm. The sworn member will be terminated since they can no longer perform the duties of a law enforcement officer.

The Chief of Police may authorize an Conduct

Review on any member that is a respondent to an Injunction for Protection, Temporary Injunction for Protection or Notice of Hearing.

OVERTIME

Members may, under certain conditions, be required to remain past their scheduled duty or work shift or work in excess of their normal workweek.

Prior to working overtime, members must first obtain permission from a commander. Failure to obtain permlsslon to work overtime will result in disciplinary action.

Members who work in excess of their normal workweek shall be granted compensatory time off or paid overtime. COmpensatory time off and paid overtime shall be calculated at the rate of 1.5 times the member's regular rate of pay.

Members, who are not working, that have to appear in court or testify in a judicial proceeding at the Polk COunty Courthouse located in Bartow will receive a minimum of 3 hours of compensatory time off or paid overtime.

Members, who are not working, that have to appear in court or testify in a judicial proceeding at the Polk County Courthouse located in Lake Wales will receive a minimum of 2 hours of compensatory time off or paid overtime.

Members, who are not working, that have to appear in court or testify in a judicial proceeding at any other location will receive a minimum of 3 hours of compensatory time off or paid overtime.


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Legal Standards:

Members will forward any witness compensation fees received to the City of Lake Wales.

Members may retain any fees paid for meals while attending a hearing, proceeding or trial.

Members may retain any fees paid for travel, provided the member did not drive a City vehicle to the hearing, proceeding or trial.

PHYSICAL FITNESS

All members shall maintain a physical condition as required to perform their respective duties within the Department.

'-.,......

If a member is unable to perform their assigned duties due to an obvious deficiency in physical fitness, the member will be required to submit to a physical examination by a physician provided by the Department. Under the direction of the physician, the member will return their physical fitness to an acceptable standard.

PROFmNG FROM EMPLOYMENT

No member of the Lake Wales Police Department shall accept directly or indirectly any gift, gratUity or reward related to or because of their employment with the Department.

No member shall use the badge, identification card or uniform of the Lake Wales Police Department to sollcit or bring about any special privilege or treatment by any individual or member of the public, either for themselves or for others, except as authorized by law, and in accordance with the Personnel Administrative Polices of the City of Lake Wales and the City of Lake Wales Ethics Policy.

An exception to this policy would be the receipt of gifts distributed to the general public for advertising or promotional purposes.

RECALL PAY

When a member, who has completed their regularly scheduled duty shift, has departed from the Lake Wales Police Department and is ordered to return to properly complete their assignment or any document, form and/or report, the member will be compensated for all time worked at their normal pay rate or in accordance with the Collective Bargaining Agreement between the City of Lake Wales and the West Central Florida Police Benevolent Association.

When a member, who has completed their regularly scheduled duty shift, has departed from the Lake Wales Police Department and is ordered to return for any other reason, the member will be compensated for all time worked at an overtime rate, if such hours exceed their normal work week.

REPORTING FOR DlITY

Members shall be punctual when reporting for duty at the time and place designated by their commander, manager or supervisor.

Failure to report as directed will be deemed neglect of duty and may be subject to diSCiplinary action.

Failure to report at the time and place directed will be deemed neglect of duty and may be subject to disciplinary action.


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Legal Standards:

Members shall be physically and mentally fit to perform their duties.

Members shall be properly equipped so that they may immediately assume their duties.

Members unable to report for duty due to an illness or injury shall notify the on-duty supervisor or OIC prior to 8 hours of when their duty-shift is scheduled to begin.

Members unable to report for duty due to the sudden onset of illness or an accident resulting in injury shall notify the on-duty supervisor or OIC as soon as reasonably possible.

Members shall not fabricate an illness or injury, falsely report themselves ill or injured, or otherwise deceive or attempt to deceive any member of the Lake Wales Police Department or the City of Lake Wales as to the condition of their health.

Chronic or excessive absenteeism and/or tardiness may be cause for disciplinary action up to and including discharge or termination of employment with the City of Lake Wales.

CRITICAL INCIDENTS

Upon notification of a critical incident, members shall immediately contact Telecommunications. Members who are off-duty shall report for duty immediately and comply with the instructions given at the time of notification.

If contact with Telecommunications cannot be established, members are to report to the Lake Wales Police Department Training Center.

All days off, leaves of absence, and/or vacations are subject to cancellation by the Chief of Police or designee during critical incidents.

STATEMENTS AND CRmCISM

Members shall not perform any acts or make any statement, verbal or written, for publication or otherwise, which tend to bring the Department or its administrative personnel into disrepute or ridicule.

Members shall not perform any acts or make any statement, verbal or written, which destructively criticize the Department or its administrative personnel in the performance of their official duties.

Members shall not perform any acts or make any statement, verbal or written, which tend to disrupt or impair the performance of official duties and obligations of members of the Department or which tend to interfere with the reasonable supervision of proper discipline of members of the Department.

Members shall not perform any acts or make any statement, verbal or written, that may bring the Department or any member thereof into disrepute or subject it or them to any ridicule. Any such matter shall be brought to the attention of the Chief of Police.

Members shall refrain from making any statement that discredits or disparages any member, except when reporting a violation of Department standard operating procedures to their supervisor.

Members shall not originate or spread rumors.


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Legal Standards:

Members who take criticism related to the Department to the general public without using the internal grievance process, and are unable or unwilling to provide substantial evidence that such actions were in the publics best interest, shall be in violation of this policy if such actions cause the public to lose confidence or faith in the Department.

Members shall avoid the manifestation of any unfriendliness toward any member of this Department.

Constructive criticism of the Lake Wales Police Department is encouraged. Whenever there are any such constructive criticisms, they shall only be discussed with members of the Department and shall be transmitted up the chain of command for appropriate action.

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Members shall accord cooperation to every Department.

consideration and member of this

Cooperation between the various divisions and sections is absolutely essential to effective law enforcement.

USE OF TOBACCO PRODUCTS

The purpose of this section is to protect the comfort, health and environment for members of the public and members of the Lake Wales Police Department by creating areas that are reasonably free from tobacco products and to comply with the Florida Clean Air Act.

Tobacco products shall be lnclusive of, but not limited to, Cigarettes, cigars, chewing tobacco, dip, pipes, snuff and the generic equivalent thereof.

Members shall not use tobacco products in any City building, facility or vehicle. This includes, but is not limited to, break rooms, conference rooms, hallways and offices.

Members shall not use tobacco products within any designated crime scene area or when actively engaged in any activity requiring direct or personal contact with members of the public.

The use of tobacco products is allowed during breaks only while in designated areas. The bench located in the vehicle compound is the only desiqnated member smoking or tobacco use areas located at the Lake Wales Police Department.

Approved: Herbert Gillis, Chief of Police

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Conduct Reviews Section: 9-1 Chapter: Conduct Reviews

Legal Standards: Chapter 119, Florida Statues; Sections 112.531 - 115.535, Florida Statutes; Article 9, Collective Bargaining Agreement Between the City of Lake Wales and the West Central Florida Police Benevolent Association

This policy is for internal use only and does not enlarge a members eMlliabllity in any way. This policy should not be construed as creating a higher duty of care, in an evidentiary sense, with respect to third party civil claims against members. A violation of this policy, if proven, can only be a basis of a complaint by the Lake Wales Police Department for non-judicial administrative action in accordance with the laws governing employee discipline.

PURPOSE

The Lake Wales Police Department recognizes that its members are responsible for providing professional law enforcement services. The Department also acknowledges that, at certain times, conflicts between residents and Department members may arise. It is essential for the welfare of our community that the relationship between the Police Department and residents is built on confidence and trust. Law enforcement cannot be effective without the assistance of our community.

Sworn members must be free to exercise good judgment and initiate proper action in an impartial, lawful and reasonable manner without fear of reprisal. Conduct reviews subject members to disciplinary action if guilty of misconduct and protects them from false allegations of misconduct when they discharge their duties properly.

POLICY

It is the policy of the Lake Wales Police Department to perform conduct reviews in accordance with the Florida Law Enforcement Officers Bill of Rights and the Collective Bargaining Agreement between the City of Lake

Wales and the West Central Police Benevolent Association.

COMPLAINTS AGAINST MEMBERS

A disagreement over the validity of an arrest or citation is not a complaint. Such disagreements should be directed to the court that has jurisdiction in the matter.

The Police Department realizes that confusion, different perceptions or the timeliness of information sometimes will result in descriptions that produce different versions of the same incident. Beyond legitimate error, however, the deliberate making of a false complaint against a member shall constitute a criminal offense.

Unless received from an appointed or elected offlcial, all complaints against members shall be made in writing using a Citizen Complaint form or the online reporting system.

The person directly affected by the alleged misconduct should file the Citizen Complaint A guardian or parent of a child under 18 years of age can file a Citizen Complaint on behalf of the child.

Anonymous complaints, absent specific information regarding misconduct, may not be

Effective: October 1, 2008 Revised: July 1, 2009 Amends: New

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investigated .

Citizen Complaint forms may be received by any Department member.

All Citizen Complaint forms will be forwarded to the Investigations Commander.

The Investigations Commander will conduct a preliminary inquiry into the Citizen Complaint and determine if a conduct review is required.

If the Investigations Commander finds no evidence of misconduct, written notification will be provided to the complainant.

If the Investigations Commander finds evidence of misconduct, the Chief of Police will be notified.

The Chief of Police will review the incident and determine if a conduct review is warranted.

CONDUCT REVIEWS

A conduct review is an objective and thorough internal investigation to gather facts regarding an allegation or allegations of misconduct by a member or members of the Lake Wales Police Department.

CONDUCT REVIEW LOG

Conduct reviews shall be recorded on the Conduct Review Log maintained in the office of the Chief of Police.

CONDUCT REVIEW INVESTIGATOR

In accordance with Florida Law Enforcement Officer's Rights provisions of sections 112.531 - 534, Florida Statutes, conduct reviews shall be performed by law enforcement officers at the direction of the Chief of Police.

The Investigations Commander is normally responsible for conduct review investigations, however the Chief of Police may assign any commander as an investigator.

The conduct review investigator shall report directly to the Chief of Police.

The conduct review investigator is a direct representative of the Chief of Police in all matters involving conduct reviews.

The conduct review investigator shall receive full cooperation from all Department members.

The conduct review investigator shall have unobstructed access to all documents, forms and reports.

The conduct review investigator shall have unobstructed access to all equipment and vehicles.

The conduct review investigator shall have unobstructed access to all Department members.

NOTIFICATION

Unless notification could result in the potential loss of evidence, members will be notified that a


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Legal Standards: Chapter 119, Florida Statues; Sections 112.531 • 115.535, Florida Statutes; Article 9, Collective Bargaining Agreement Between the City of Lake Wales and the West Central Florida Police Benevolent Association

conduct review has been authorized.

When notified they are the subject of a conduct review, members shall receive a written summary of the allegations and given a copy of the Florida Law Enforcement Officer's Bill of Rights

Where confidentiality is necessary due to the nature of the conduct review, the member will not be notified of the investigation until prior to the initial interview.

All members who are subject of a conduct review will be notified by the Chief of Police of the outcome of the investigation.

GARRITY WARNING

In Garrity v. New Jersey and Gardner v. Broderick, the United States Supreme Court extended to sworn members the protection of the privilege against self·incrimination. Statements which they are compelled to make, by threatened loss of their employment or other disciplinary action, may not form the basis of a criminal prosecution against them, nor can they be compelled to waive this privilege.

However, the court has clearly indicated that the privilege against self·incrimination is not a bar to dismissal if a sworn member refuses to answer questions specifically, directly and narrowly relating to the performance of official duties, without being required to waive immunity with respect to the use of answers or the fruits thereof in a criminal prosecution. Simply, refusal to answer questions intended merely to secure

information concerning official activities could justify dismissal or other disciplinary action.

CONDUCT REVIEW PROCEDURES

Conduct reviews into allegations of misconduct against a sworn member shall be performed in accordance with the Florida Law Enforcement Officer's Rights provisions of sections 112.531 - 534, Florida Statutes.

A conduct review shall not be expanded into any area not included in the original allegation of misconduct. If information of additional misconduct is discovered, that information shall be forwarded to the Chief of Police. The Chief of Police will decide if an additional conduct review is warranted.

Members are required to answer truthfully and fully all questions related to the performance of their duties. Failure to answer questions related to the performance of duties may result in disciplinary action.

No participant in a conduct review, including the complainant, member under investigation or witnesses, shall disclose any information until the conclusion of the conduct review.

Drug testing will be conducted in accordance with Section 2·6, Drug·Free Workplace, Standard Operating Procedures.

Financial disclosure statements may be required if an allegation of misconduct involves debt or financial gain.

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Polygraph and voice stress analysis examinations are voluntary and may be used to disavow allegations of misconduct against members.

CRIMINAL INVESTIGATIONS

If suspected a member may have committed a criminal offense the Chief of Police should be notified immediately.

The Chief of Police will decide if a criminal investigation is warranted.

If warranted, the criminal investigation will be conducted by a sworn member or another law enforcement agency.

Criminal investigations against a member shall be conducted in accordance with established practices and standards.

The conduct review investigator shall not participate in the criminal investigation.

No information obtained through the compelled statement may be used in any future criminal prosecution.

ADMINISTRATIVE LEAVE

The decision to place a member on administrative leave rests solely with the Chief of Police.

During a conduct review, based on the seriousness of the alleged misconduct, a member may be placed on administrative leave.

Members may be assigned to administrative duties rather than being placed on administrative leave at the discretion of the Chief of Police.

Administrative leave administrative duties disciplinary action.

and assignment

is not corrective

to or

When placed on administrative leave or assigned to administrative duties, members shall surrender all issued equipment.

FINDINGS

Conduct reviews shall be concluded with one of the following findings:

Exonerated: Acts did occur, but were justified, lawful and proper

Not sustained: The conduct review failed to discover sufficient evidence to clearly prove or disprove the allegations made.

Other: Equipment failure or improper or inadequate training caused the violation to occur and were outside the control of the member.

Policy failure: The allegation is true, but the investigation revealed policy or procedural changes are necessary.

Sustained: The conduct review discovered by clear and convincing evidence that the allegations were true.

Effective: October 1, 2008 Revised: July 1,2009 Amends: New

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Unfounded: The conduct review discovered the act or acts complained of did not occur.

REPORT FORMAT

Conduct Reviews will be assigned an unique case number based on the calendar year and a consecutive number. Example: 2009 - 1.

Like any investigation conducted by a sworn member, a well-written investigative report serves to record the findings of the case as well as provide written documentation that may be vital in future proceedings.

The conduct review report must be thorough and professionally presented.

A general format has been developed to ensure some degree of consistency within conduct review reports. While each report will differ in its contents, most reports should follow this general format.

Conduct Review Routing Form

Citizen Complaint Form

Supervisor's Report of Incident

Notice of Internal Investigation

Conduct Review Recommendation

Synopsis of complaint

Witnesses list

Summary of taped statements

Statement of findings

Transcripts of taped statements

Garrity warnings

Documents, forms a nd reports

Diagrams

Photographs

Medical records

Miscellaneous materials

Internal Investigation Report Form

CJSTC-78

The statement of findings should detail any violation of the Standard Operating Procedures discovered during the conduct review.

The Conduct Review Investigator will include and sign the following statement at the conclusion of the summary of findings:

"I, the undersigned, do hereby swear, under penalty of perjury, that, to the best of my personal knowledge, information, and belief, I have not knowingly or willfully deprived, or allowed another to deprive, the subject of the investigation of any of the rights contained in sections 112.532 and 112.533, Florida Statutes."


5



COMPLAINT REVIEW BOARDS

Complaint Review Boards shall be completed in accordance with the Florida Law Enforcement Officer's Rights provisions of sections 112.531 - 534, Florida Statutes.

REPORTING

Conduct reviews that discover a sworn member committed a criminal offense, a violation of section 943.13, Florida Statues or a violation of moral character shall be reported to the Criminal Justice Standards and Training Commission regardless of discipline imposed by the Chief of Police.

RECORDS MANAGEMENT

Active conduct reviews are exempt from release in accordance with the Public Records Law, Chapter 119 Florida Statues.

All completed conduct reviews will be maintained in the office of the Chief of Police.

Access to completed conduct reviews is restricted.

All requests to access completed conduct reviews should be directed to the office of the Chief of Police.

Citizen Complaints will be maintained in the office of the Chief of Police.



6

\ ._

Crime Scenes and Major Crimes Section: 13-2

Chapter: Evidence and Property

Legal Standards:

This policy is for internal use only and does not enlarge a member's civilliabl7ity in any way. This policy should not be construed as creating a higher duty of care, in an evidentiary sense, with respect to third party civil claims against members. A violation of this policy, if proven, can only be a basis of a complaint by the Lake Wales Police Department for non-judicial administrative eaton in accordance with the laws governing employee discipline.

PURPOSE

The identification, documentation, collection and preservation of evidence is crucial to the identification, arrest and conviction of an offender. This section establishes procedures and standards for responding to major crimes and processing crime scenes.

POliCY

It is the policy of the Lake Wales Police Department to establish standards for the identification, documentation, collection and preservation of evidence. Furthermore, it is the policy of the Lake Wales Police Department to ensure a capable response to major crimes and crime scenes.

RESPONDING TO A CRIME SCENE

When responding to a crime scene, sworn members shall:

6. Canvass the area to identify

witnesses;

7. Remain at the crime scene until relieved by a commander, detective or supervisor;

8. Complete required documents, forms, and reports.

CRIMINAL INVESTIGATIONS SECITON RESPONSIBILITIES

Detectives assigned to the Criminal Investigations Section will respond to all major crimes and incidents to include:

ACCidental Deaths

Aggravated assault

Aggravated battery

Aggravated child or elderly abuse

1. Secure the suspect or suspects to remove

the opportunity for additional Violence or Arson

escape;

2. Provide medical assistance to injured persons;

3. Request and coordinate the response of additional public safety resources;

4. Secure the crime scene with barricades, police vehicles, sworn members, or tape;

5. Establish a Crime Scene Log

Attempted felony murder

Carjacking

False imprisonment

Home-invasion robbery

Kidnapping

Making, possessing, throwing, projectlnq, placing, or discharging a destructive device or weapon of mass destruction

Effective: May 1, 2006 Revised: October 1, 2008 Amends: New



Legal Standards:

Manslaughter

Murder

Poisoning food or water

Robbery

Sexual battery

Suicide

Unattended Death

Vehicular or vessel homicide

'-

Prior to requesting assistance from the Criminal Investigations Section, the Patrol Section supervisor or officer-in-charge (OlC) shall contact the on-call commander and provide a detailed report on the major crime or incident. With the approval of the commander, detectives from the Criminal Investigations Section shall respond.

Upon notification of a major crime, the on-call commander shall contact the Chief of Police or designee and provide a detailed report.

Investigative teams comprised of 2 detectives will respond to all major crimes or incidents.

Upon arrival at a major crime or incident, the investigative team will assume control of the investigation and coordinate and direct resources as necessary.

EVIDENCE AND PROPERTY SECTlON

RESPONSIBILmES

Crime Scene Technicians assigned to the Evidence and Property Section will respond to all major crimes where the identification, documentation, collection and preservation of

evidence exceed the capabilities of sworn members. Major crimes include:

Accidental deaths

Aggravated assault

Aggravated battery

Aggravated child or elderly abuse

Arson


Carjacking

False imprisonment


Kidnapping

Making, possessing, throwing, projecting, placing, or discharging a destructive device or weapon of mass destruction

Manslaughter

Murder


Robbery

Sexual battery

Suicide

Unattended death

Vehicular or vessel homicide

Prior to requesting assistance from the Evidence and Property Section, the Patrol Section supervisor or OIC shall contact the on-

Effective: May 1, 2006 Revised: October 1, 2008 Amends: New

2



Legal Standards:

call commander and provide a detailed report on the major crime or incident. With the approval of the commander, Crime Scene Technicians from the Evidence and Property Section shall respond.

The identification, documentation, collection and preservation of evidence at a major crime may exceed the capabilities of the Lake Wales Police Department. Consequently, assistance from the Polk County Sheriff's Office Crime Scene Section will be requested for the following major crimes:

Accidental deaths

Arson


Carjacking

False imprisonment


Kidnapping

Making, possesslnq, throwing, projecting, placing, or discharging a destructive device or weapon of mass destruction

Manslaughter

Murder


Robbery

Suicides

Unattended deaths

Crime Scene Technicians are responsible for the identification, documentation, collection

and preservation of evidence at a crime scene. Specifically, Crime Scene Technicians are responsible for the following:

Bloodstain documentation and enhancement

Castings

Latent fingerprint development

Photography for scene documentation

Recovery of luminescent evidence

Scene reconstruction

Crime Scene Technicians should receive advanced and specialized training in the following areas:

Advanced latent print development and blood detection

Bloodstain interpretation

Crime scene reconstruction

Digital photography for law enforcement

Law enforcement photography

Light energy applications for law enforcement

Property and evidence room management

CRIME SCENE INVESTIGATION

Upon arrival at a crime scene, Crime Scene Technicians will be briefed by the detective concerning the major crime or incident. This will enable the Crime Scene Technicians to determine the method to be utilized when processing the crime scene. The following

Effective: May 1, 2006 Revised: October 1,2008 Amends: New

3



Legal Standards:

standardized procedure should be followed when processing any crime scene:

1. Wear protective clothing to prevent exposure to hazardous substances and to reduce contamination of the crime scene.

2. Conduct a cursory search of the crime scene to collect video documentation.

3. Complete notes detailing what was observed during the cursory search.

4. Collect crime scene photographs.

5. Complete a preliminary diagram of the crime scene.

6. Brief the detective on the preliminary findings.

7. Process the crime scene to identify, document, collect, and preserve all evidence.


Effective: May I, 2006 Revised: October 1, 2008 Amends: New

4

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Lake Wales Police Department Conduct Review Recommendation Form