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HomeMy WebLinkAboutSubmittal-Dana Carr-Background Information PacketDana Carr Background Information 1. Dana Carr's Resume 2. Dana Carr's Concise Officer History 3. Dana (Williams) Carr DDRB Disciplinary Profile 4. Dana Carr's 2017-2018 Evaluation 5. Dana Carr's 2016-2017 Evaluation tif Submitted into the public record f r ite (s) 5 r b on City Clerk ()ti _ o..uL — 61/4(1\oky`,W4 \ACti444\1 04\ 's0,C,VkA.- Submitted into the public record it (s) j p on J 1l Lid _ . City Clerk:-?. 305-603-6741 DANA CHARYt r A 25 year veteran of law enforcement, serving 24 years with the City of Miami Police Department and 1 year with the State of Florida Department of Corrections; who possesses a well-rounded expertise in aspects of management, criminal investigations, community policing, operations, administration, internal investigations, labor relations, inmate custody and control, and labor relations. Law Enforcement professional with 25 years of progressively responsible experience in directing and leading law enforcement goals and objectives. Manager with 14 years of experience overseeing personnel, facilities, equipment and budgets. Seven years of continuous experience as a Commander of Police. Leader with experience in organizing, directing and motivating a diverse workforce. Skillful communicator with excellent interpersonal, oral and written presentation skills. Critical thinker with a strong analytical and acute rational capability. Planner with the key ability to analyze, organize and mobilize operations. Community policer with strong ties to the community. January 2020 to Present Police Captain Communications Unit City of Miami Police Department, Miami, Florida Responsible for managing the departments' Communications Unit October 2016 to January 2020 Police Major Property and Evidence Section City of Miami Police Department, Miami, Florida 1 Submitted into the publi record for i m(s) 5 , kN, on / " City Clerk Responsible for managing the departments' Property and Evidence Unit, Quartermaster Unit, Supply and Mail Room, Auto Pound Unit and Fleet Liaison Unit. Responsible for procurement of departments supplies, uniforms and equipment. Responsible for managing a $2,800,000 budget Purchased FileOnQ Evidence Management System to upgrade the existing system and make the Property Unit more efficient. April 2015 to October 2016 Police Commander Commander of Overtown NET, Field Operations Division City of Miami Police Department, Miami, Florida Repositioned from Model City NET to Overtown NET by Chief Rodolfo Llanes to bring new management, leadership, knowledge and strategic plans to the area. The Overtown NET Area is a diverse cultural community. The community's areas of weakness is its poverty, gun violence, gang problem, crime, narcotics and homeless. The community's areas of strength is its rich history, community economic growth, youthful exuberance and successful high school sports program. Implemented effective strategies to sustain crime reduction efforts over a one and a half year period. By the end of 2015, reduced Strong Arm Robbery to -50%, Homicides to -25%, Stolen Motor Vehicles to -11% and Retail Thefts to - 38%. From January to October 2016, reduced Homicides to -43%, Stolen Motor Vehicles to -15%, Burglaries to -11%, Thefts to -21%, Robberies to -6%, Simple Assaults to -6%, Sex Offenses to -9%, and Firearm Offenses to -16%. May 2010 to April 2015 Police Commander Commander of Model City NET, Field Operations Division City of Miami Police Department, Miami, Florida Promoted to this senior staff position from the civil service rank of Sergeant by Chief Miguel Exposito to direct the uniformed patrol function in the Model City NET Area. Responsible for all crime fighting efforts and other city functions such as code enforcement, bar and cafeteria inspections, public works, nuisance abatement, community policing, crime watch programs and additional duties at the desire of the chief. Led, managed, developed new strategic plans and budgeted overtime for the area. The Model City NET Area is a diverse cultural community. The community's areas of weakness is its poverty, gun violence, gang problem, crime and narcotics. The community's areas of strength is its rich history, youthful exuberance and successful high school sports program. Submitted into the public recordfpr ite (s) j on 1 / °�O CityClerk Implemented effective strategies to sustain crime reduction efforts over a five year period. By the end of 2010, reduced Persons Crimes to -15%, Assaults and Batteries to -13% and Robberies to -22%. By the end of 2011, reduced Part 1 Crimes to -2% and Property Crimes to -1%, Burglaries to -10% and Robberies to -6%. By the end of 2012, reduced Part 1 Crimes to -1%, Property Crimes to -1%, Persons Crimes to -2%, Stolen Motor Vehicles to -38%, Sex Offenses to - 38%, Homicides to -24%, Assaults and Batteries to -4% and Burglaries to -3%. By the end of 2013, reduced Part 1 Crimes to -8%, Property Crimes to -9%, Persons Crimes to -7%, Assaults and Batteries to -12%, Robberies to -6%, Burglaries to -14%, Stolen Motor Vehicles to -13% and Larcenies to -5%. By the end of 2014 reduced Part 1 Crimes to -2%, Persons Crimes to -6%, Homicides to -28%, Robberies to -13% and Burglaries to -9%. January 2010- May 2010 Police Sergeant Recruitment and Selection Unit Sergeant City of Miami Police Department, Miami, Florida Oversaw the hiring process of applicants to the City of Miami Police Department and the City of Miami Police Academy. January 2010 - May 2010 Health Services Unit Sergeant City of Miami Police Department, Miami, Florida Supervised the management and flow of Workers Compensation Claims between the police department and Labor Relations August 2007 - January 2010 Burglary Unit Sergeant City of Miami Police Department, Miami, Florida Supervised detectives assigned to the burglary unit and pawn shop civilians assigned to crime analysis and a typist clerk; monitored crime trends; reviewed cases for solvability factors, assigned cases for investigation, managed detectives' caseload and reviewed their supplemental reports through the Law Records Management System (LRMS). Submitted into the pubii record fr ite (s) ;j�, O on, 1111 I 1,0 . City Clerk Dec. 2006 - August 2007 Patrol Sergeant City of Miami Police Department, Miami, Florida Supervised officers as assigned, maintaining the chain of command within the operations of the department. Developed training programs for department personnel, directed specialized units, prepared special reports, conducted projects as assigned, received and reviewed reports, assigned personnel in accordance to specific needs. Developed and motivated employees to provide professional and community oriented police services. Nov. 2005 -- Dec. 2006 Child Abuse Investigator City of Miami Police Department, Miami, Florida Investigated child abuse and elderly exploitation cases for prosecution or referral for services and managed the caseload; collaborated with the State Attorney's Office, Department of Children and Families, Christie House, Child Protection Team and other social services agencies. March 1994 - Nov. 2005 Police Officer City of Miami Police Department, Miami, Florida Responded to calls for service, which involved counseling and disseminating information in reference to domestic disputes, delinquent juveniles, and parental skills, enforcing traffic laws, community policing, and responding directly to citizen's concerns. Jan. 2003 - February 2004 Mounted Police Officer City of Miami Police Department, Miami, Florida Provided community relations and high visibility in business districts to deter crime, performed various oral presentations and demonstrations at Schools and parades, provided crowd control. during special events such as FTAA, sporting events, concerts. AA Degree in Criminal Justice- Miami Dade College, Miami, FL • 1992 Submitted into the pubii� (s)_ , 6 on / City Clerk BA Degree in Public Admin.- Florida International University, Miami, FL • 2000 MA Degree in Administration -Barry University, Miami, FL 2016 MA Degree in Disaster Management -Florida International University, Miami, FL 2016 Born in Miami, Florida in 1972. Married to Ramon Carr in 2000 and we are the proud parents of four children. • PERF- Senior Management Institute for Police (SMIP) • IACP- Leading Police Organizations • SPI- Chief Executive Leadership • SPI- Strategic Management • SPI-Leadership for law Enforcement Executive • TV Interview Bootcamp for Law Enforcement • Criminal Law • Human Diversity • Court Presentation and Case Preparation, • Report Writing • Instructor Techniques Workshop • Stress Management • Radar Speed Measurement • Interviews and Interrogations • Multi -disciplinary approach to Child Abuse Investigations • Deviant Sex Crimes • Crime Scene Investigations • Imminent Rescue • Middle Management • Basic Criminal Investigations • Middle Management • Oral Communications for Executive Personnel • ITW Refresher • Managing the Detective Unit • Computer Crimes Investigations • Computers and Technology in Criminal Justice • Community and Human Relations • Advanced Report Writing • Incident Command Field Response • Executive Leadership: Blue Courage • Problem Oriented Policing • Legacy Leadership for Turbulent Times • Investment in Excellence • Integrity Leadership • Incident Command Field Response • Civil Service Procedures Workshop • Executive Leadership: Millennial Management Madness • Executive Leadership: Accountability, Best Practices and the Lessons Learned Workshop • Preventing Crime in the Black Community • Intelligent Leadership • Futurism: What Chiefs need to anticipate in the next decade? 5 • A paradigm shift in Police Management • Conflict Resolution • Team Building for Supervisors • Supervisor Orientation Program • Supervising the Generational Gap • Basic Crime Prevention • Crime Prevention Residential Applications • Crime Prevention Commercial Applications • Basic Crime Prevention through Environmental Design • Advanced Crime Prevention through Environmental Design • Investigative Interviews • Sex Crimes Investigations • Franklin Covey's Nobility of Policing • Domestic Violence • Juvenile Sexual Offender Investigations • Discriminatory Profiling and Professional Traffic Stops/ Human Diversity • Exemplary Police Leadership • IACP: Annual Chiefs Training • Managing Property and Evidence in Law Enforcement • IS-288a The Role of Voluntary Agencies in Emergency Management • I5-403 Introduction to Individual Assistance • IS-242b Effective Communication • IS-634 Introduction to FEMA's Public Assistance • IS-244b Developing and Managing Volunteers • IS-317 Introduction to CERT • IS-368 Including People with Disabilities and Others with Access and Functional Needs in Disaster Operations • IS-394a Protecting your Home or Business from Disaster • 15-318 Mitigation Planning for Local and Tribal Communities • IS-300 Intermediate ICS for Expanding Incidents • I5-400 Advanced ICS for Command and General Staff • IS-393a Introduction to Hazard Mitigation • IS-454 Fundamentals of Risk Management • IS-520 Introduction to Continuity of Operations Planning for Pandemic Influenzas • IS-660 Introduction to Public -Private Partnerships • IS-702a NIMS Public Information Systems • IS-775 EOC Management and Operations • I5-822 Fundamentals of Management and Support Coordination of Federal Disaster Operations • IS-276 Benefit -Cost Analysis (BCA) Fundamentals • IS-559 Local Damage Assessment • IS-020 Diversity Awareness • 15-075 Military Resources in Emergency Management • 15-156 Building Design for Homeland Security for Continuity of Operations • IS-241b Decision Making and Problem Solving • IS-230 Fundamentals of Emergency Management • IS-235 Emergency Planning • IS-240b Leadership and Influence • IS-277a Benefit -Cost Analysis: Entry Level Submitted into the pub i record for itm(s) on City Clerk • IS-130 Exercise Evaluation and Improvement Planning • IS-547a Introduction to Continuity of Operations • IS-800b Introduction to National Response Framework • IS-235b Emergency Planning • IS-700a National incident Management System (NIMS) • IS-100b Introduction to Incident Command System • IS-001a Emergency Manager: An Orientation to the Position • IS-910a Emergency Management Preparedness Fundamentals • IS-247a Integrated Public Alert and Warning System (!PAWS) • IS-200b ICS for Single Resources and Initial Action Incident • IS-906 Basic Workplace Security Awareness • IS-907 Active Shooter: What You Can Do PROMOTIONA_ _k N Coral Gables Police Department (Lieutenant's Exam), Miami, Florida, 8/15 aSSE SNEN7 EkPERt C_ Louisville Metro Police Dept. (Lieutenant's Exam), Louisville, Kentucky, 6/14 Miami -Dade County School Board PD (Lieutenant's Exam), Miami, Florida, 5/14 New Orleans Police Department (Lieutenant's Exam), New Orleans, 2/14 Coral Gables Police Department (Lieutenant's Exam), Miami, Florida, 8/13 Lean Six Sigma Green Belt (Florida International University) Florida Crime Prevention Practitioner (Florida Attorney General) 2 Submitted into the public record f r it '(s) rj on City Clerk Florida Crime Prevention through Environmental Design Practitioner (Florida Attorney General) Florida Convenience Store Inspector (Florida Attorney General) State of Florida Real Estate License State of Florida Mortgage Brokers License Miami Community Police Benevolent Association Miami Dade County Association of Chiefs of Police International Association of Emergency Managers (IAEM) Police Executive Research Forum (PERF) Property and Evidence Association of Florida (PEAF) Florida Design out Crime Association (FLDOCA) Golden Key International Honour Society Unit Citation- Burglary Unit Unit Citation- Burglary Unit Criminal Investigations Award Unit Citation- Burglary Unit Mayor's Award of Distinguished Service Outstanding Law Enforcement Officer (DOJ) Commissioners Award of Appreciation Mayor's Award of Appreciation Commission on Ethics and Public Trust "Ethical Governance Day" June 2008 November 2008 December 2008 May 2009 February201 3 August 2013 October 2013 March 2014 October 2017 Furnished Upon Request Submitted into the public record f9r ite (s) g , L on _' J i 1 j o , City Clerk Submitted into the public record f r ite (s) fi on - U 1l City Clerk Page: 1 PIN: 07649 Hire date: Mar 01, 1994 Current assignment(s): Division: ADM Section: ADMINISTRATIVE DIVISION Unit: ADMINISTRATIVE DIVISION Involved Officer: Citizen Complaint 29, 1995 16:30 Allegations: DISCOURTESY - - Inconclusive - IMPROPER PROCEDURE - - Cleared Involved Officer: Citizen Complaint 13, 1996 10:30 Allegations: IMPROPER PROCEDURE - - Cleared Concise Officer History Police Major Dana C Carr [07649] IA No: 19950323 IA No: 19960272 Involved Officer: Citizen Complaint IA No: 19970112 10, 1997 10:00 Allegations: ABUSIVE TREATMENT - - Cleared DISCOURTESY - - Cleared - Involved Officer: Reprimand IA No: 19970023 21, 1997 Allegations: NEGLECT OF DUTY - - Counselling - Feb 21, 1997 Involved Officer: Reprimand 23, 1997 Allegations: IA No: 19970075 PREVENTABLE ACCIDENT - - Counselling - May 23, 1997 Involved Officer: Citizen Complaint 22, 1997 09:00 Allegations: M - - Filed - Involved Officer: Reprimand 11, 1999 Allegations: NEGLECT OF DUTY - - Counselling - Feb 11, 1999 IA No: 19970598 IA No: 19980104 Involved Officer: Citizen Complaint IA No: 20020399 25, 2002 10:45 Allegations: P - - Involved Officer: Citizen complaint IA No: COS-099N 21, 2005 Received: Jul Received: May Received: Feb Received: Feb Received: May Received: Oct Received: Feb Received: Nov Received: Apr Allegations: lion -Complaint - - Filed - May 02, 2005 Involved Officer: Citizen complaint 11, 2010 11:30 Allegations: Submitted into the publle record f?r itep(s) SP, 6 on i f1. �� . City Clerk Page: 2 IA No: C10-140N Received: May Harassment - - Non -Complaint - May 19, 2010 Report summary: totals by incident type: Incident type Received Administrative Complaint 0 Citizen complaint Driving Complaints 0 Firearm discharge 0 Record of Formal Counseling 0 Relieve Reassigned 0 Relieved of Duty 0 Reprimand 3 Use of force 0 Printed: Sep 05, 2019 13:17 By: Typist Clerk Alvarado Submitted into the public record f r Jte s 5?, b on _ City Clerk DDRB DISCIPLINARY PROFILE LAST NAME: Williams Printed on : Wednesday, January 15, 2020 FIRST NAME: Dana 10:18:58 AM IBM: 7649 DOI: Discipline: CHARGES: Status: 10/12/1996 Reprimand Leaving Post without Signed by COP on 2/18/1997. Closed. Permission SUMMARY: Officer Williams was assigned with another partner due to her police vehicle was left for repairs at the auto repairs shop. However, she refused to ride with her assigned partner. After being advised she could not change partners, she became mad and stated she was going home sick. She went home without permission. REP 97-023. DOI: Discipline: CHARGES: Status: 2/28/1997 Reprimand Preventable Crash Signed by COP on 5/19/1997. Closed. (Operator Accountable) SUMMARY: Preventable crash. REP 97-075. Closed. DOI: Discipline: CHARGES: Status: 6/28/1998 Reprimand Neglect or Refusal to Signed by COP on 1/11/1999. Closed. Comply w/oral-written order SUMMARY: Officer Williams was raised several times on the radio to back up a sergeant with a call involving a naked female on the street. Officer Williams did not answer her radio. This is the second incident where Officer Williams did not respond to her radio when dispatched to a call to back up a fellow officer. REP 98-104. - Member Information Member Supervisor: Department: Assignment: Rank: Position: Miami Police Department Employee Evaluation Form CARR, DANA C ID: 07649 PAPIER, RONALD L ! Miami Police Department Shift: ADM-PERS RES-PROPERTY-MAJOR Day MAJOR M/C MPD Swom Member Scale' Overall Ratings SAT = Satisfactory UNSAT = Unsatisfactory Submitted into the public record r it m(s) 5 l n 4 6 on City Clerk Evaluation Information Type: Review Date: Rating Period Overall Rating Sworn Member Annual Fvaluation 10/23/2018 10/6/2017 to SAT 10/5/2018 Performance Measures Tvpe Number Rating Performance Statement Evaluation Factors Evaluation Factors Ratings SAT - Satisfactory UNSAT - Unsatisfactory NA - Not Applicable NE - Not Evaluated SELECT - Must Select Rating EF1000 SAT Job Knowledge: Major Carr performs her duties with professionalism. EF1001 SAT Productivity: Major Carr performs her duties with professionalism. EF1002 SAT Quality of Results: Major Carr performs her duties with professionalism. EF1003 SAT Initiative: Major Carr performs her duties with professionalism. EF1004 SAT Interpersonal Skills: Major Carr performs her duties with professionalism. EF1005 SAT Discipline: Major Carr performs her duties with professionalism. EF1006 SAT Judgement: Major Carr performs her duties with professionalism. EF1007 SAT Organizational Planning: Major Carr performs her duties with professionalism. EF1008 SAT Achievement of Objectives: Major Carr performs her duties with professionalism. EF1009 SAT Supervision (if applicable): Major Carr performs her duties with professionalism. Printed on: 1-16-2020 1:49 PM Page 1 of 3 Employee: CARR, DANA C ID: 07649 Period: 10/6/2017 to 10/5/2018 Score: SAT Previous Requires Improvement Expected Date of Date Number Performance Statement Incident Date Accomplishment Accomplished Current Requires Improvement Expected Date of Date Number Performance Statement Incident Date Accomplishment Accomplished Attachments Entered B Entered By Comments Submitted into the public record f9r ite (s) 5? on � / r•i/(j) , City Clerk Printed on: 1-16-2020 1:49 PM Page 2 of 3 Employee: CARR, DANA C ID: 07649 Period: 10/6/2017 to 10/5/2018 Score: SAT Submitted into the pubile record fq rite (s) on 1�. City Clerk SUPERVISOR / EMPLOYEE AGREEMENT This evaluation has been discussed and reviewed with the employee. MPD Workplace Violence Policy has been provided to the employee. MPD Sexual Harrassment Policy has been provided to the employee. The Evaluating Supervisor has offered to provide career couseling to the employee. Employee's Name Date Appraiser's Name Date Department Director/Designee Date Employee Comments Printed on: 1-16-2020 1:49 PM Page 3 of 3 Employee: CARR, DANA C ID: 07649 Period: 10/6/2017 to 10/5/2018 Score: SAT Member Information Member Supervisor: Department: Assignment: Rank: Position: Miami Police Department Employee Evaluation Form CARR, DANA C MORALES, MANUEL A ID: Shift: 07649 Day Miami Police Department ADM-PERS RES-PROPERTY-MAJOR MAJOR WC MPD Property Major Scale. Overall Ratings OP = Outstanding Performance for 90.00% to 100.00% AA = Above Average for 80.00% to 89.99% S = Satisfactory Performance for 60.00% to 79.99% NI = Needs Improvement for 20.01 % to 59.99% US = Unsatisfactory Performance for 0.00% to 20.00% Submitted into the publi + record fpr it , (s) 3v r 4 on 1/ 1`� . City Clerk Evaluation Information Type: Review Date: Rating Period Overall Score Annual 4/23/2018 10/6/2016 to AA 10/5/2017 85.4% Performance Measures Type Number Rating Performance Statement Task Task Ratings AA - Above Average S - Satisfactory Performance NI - Needs Improvement NA - Not Applicable NE - Not Evaluated PDE - Problem documented elsewhere ADi362d S AD1362e AA ALL1003 S ALL1007b AA PROP7100 S PROP7102a AA PROP7102d Printed on: 4-23-2018 9:35 AM Administer/monitor section or unit budget/funds/expenditures (Grants only) Develop/prioritize budget requests Major Carr is cognizant of the fiscal impact of her budget requests and ensures they are in order and aligned with the departmental goals. Complete. update. submit required documents/forms/reports Attend all required training Major Carr is aware of the powerful impact that training has on her leadership skills and has made every effort to request additional training to enhance her abilities. Supervise property/evidence management, processing, and storage Supervise property/evidence inventory audit Under her guidance and request, the Property Unit underwent a massive audit that examined all components of her area of responsibility. She has made it her personal mission to address all areas of concern and improve on her section's performance. Oversee security/integrity of property unit facilities/storage areas/vault/pound Page 1 of 7 Employee: CARR, DANA C ID: 07649 Period: 10/6/2016 to 10/5/2017 Score: AA 85.4% Submitted into the public PROP7102p S Respond to subpoenas regarding evidence in police custody record f r ite (s) JC r 6 on 0 City Clerk SP7000 AA Conduct progressive discipline within agency guidelines. Major Carr follows departmental protocol on progressive discipline yet uses her discretion in applicable instances when instead of discipline, mentoring and training can address an employee's failures. SP7001 a S Conduct/complete/Review employee performance evaluations. SP7003 AA Assist superiors in making decisions on issues where no guidelines or policy exists. She recognizes and accepts her role as the SME on matters related to evidence and equipment by providing insight and guidance to her superiors. SP7004 S Review completed work assignments by employees for achievement of task and objectives. SP7005a AA Respond to citizen and community needs, complaints and conflicts. Major Carr is aware of the department's vision to improve the customer service experience. She was pivotal in making improvements to her section to make it more customer friendly. SP700B S Assign and direct subordinates SP7008a S Assess personnel allocation, needs, and distribution SP7010a S Coordinate development/implementation of new office programs/systems with other city departments SP7010b AA Implement changes and new programs as directed. She has brought about changes in her section that have brought our evidence and property unit to the next level. SP7018 S Demonstrate/encourage positive working relationship with colleagues and other units within the agency. SP7025 S Inform colleagues and staff of actions taken, decisions made and potential problems SP7026 S Recommend changes in working conditions for improved subordinate output SP7029b S Ensure subordinates are informed of changes in law, policies, procedures etc SP7054 S Provide for proper application of delegated authority SP7058 S Participate in hinng/promotion/transfer of personnel SP7058c AA Recommend emptoyee commendations She is quick to offer praise and recognition to her team members fro a job well done. SP7071 b S Resolve conflicts between inter agency personnel SP7071 c S Respond to personnel gnevances/complaints SP7071d S Forward complaint documentation SP7102a AA Review and research (if required/directed) policy, procedure, and/or legal issues. Major Carr led her team to ensure the policy changes needed were properly researched and effectively implemented. SP7102b S Develop and recommend/implement policies/procedures/standards/directives SP7102c S Monitor compliance of new and current policies, regulations, laws, and procedures as required Printed on: 4-23-2018 9:35 AM Page 2 of 7 Employee: CARR, DANA C ID: 07649 Period: 10/6/2016 to 10/5/2017 Score: AA 85.4% SP7203a SP7203b SP7205d Policy AA S AA Policy Ratings AA - Above Average S - Satisfactory Performance record f r ite (s) ,,t){), b NI - Needs Improvement on City Clerk Perform work area inspections Prior to Major Carr's arrival, the section had experienced numerous challenges. She oversaw major projects to ensure deficient areas were quickly remidiated. Inspect personnel, equipment, vehicles Attend staff/component meetings/briefings Major Carr is a senior member of the Miami police executive leadership team and attends the required briefings to ensure the staff is properly informed of changes Impacting her section. NA - Not Applicable NE - Not Evaluated PDE - Problem documented elsewhere Submitted into the public PL1000 PL1001 PL1002 PL1003 PL1004 PL1005 PL1006 PL1007 PL1013 Proficiency S AA AA S AA S S AA Abide by Code of Ethics Leave and Attendance She is cognizant of the impact her absence wilt have on her area of responsibility and manages her time off accordingly. Grooming and dress Major Carr takes care of her unifirm and presents a professional appearance. Accepts supervision and direction Contact with public She is pleasant, professional, and courteous to the public. Operation and care of equipment Human diversity awareness Message returnlfollow-up Evidence/property control policies Under her Leadership the property and evidence section has implemented numerous changes to the departmental policies to ensure stricter accountability and control. Proficiency Ratings AA - Above Average S - Satisfactory Performance NI - Needs Improvement NA - Not Applicable NE - Not Evaluated PDE - Problem documented elsewhere PR1000a S Officer safety PR1006 S Knowledge of Policy/Procedure manual PR1016a S Driving skills Printed on; 4-23-2018 8:35 AM Page 3 of 7 Employee: CARR, DANA C ID: 07649 Period: 10/6/2016 to 10/5/2017 Score: AA 85.4% Submitted into the public PR1018a S Firearms proficiency record or it ^(s) on i �`� City Clerk PR1021a S Knowledge ano ability to perform subordinate's tasks PR1021 b S Knowledge ano ability to perform additional non -assigned law enforcement related tasks, proficiencies, policies PR1067f S Computer/software/office equipment skills/knowledge PR1079a AA Verbal and written communications skills Major Carr holds a masters degree and has excellent verbal and written communications skills. PR1079b S General comprehension skills PR1079d S Forms control/usage PR10B0a AA Time management skills She understands the incredible demands of her section and makes it a priority to effectively manage her time to ensure all tasks are completed on a timely manner. PR10B0b S Inter -personal skills PR1080c AA Problem solving Major Carr is a resourceful unconventional thinker that is not afraid to go outside the box to find the best way to address challenges in her way. PR1080d S Team building skills PR1081a AA Leadership skills She has attended numerous leadership courses and knows how to effectively implement the principles she has learned. PR1081b AA Motivational skills Major Carr knows that a happy team member is a productive employee and ensures she takes every opportunity to positively motivate her team members. PR1081c S Human resource management skills Strategic Objective Alignment Strategic Obiective Alignment Ratings AA - Above Average S - Satisfactory Performance NI - Needs Improvement NA - Not Applicable NE - Not Evaluated PDE - Problem documented elsewhere C4 S C6 S C7 AA F1 AA F3 S Printed on: 4-23-2018 9:35 AM Provide Excellent Recreation. Educational & Cultural Programs Provide Excellent Public Safety Provide Excellent Customer Service Major Carr has made her section more customer centric to ensure a positive experience for the public. Enhance Existing Revenue Major Carr has implemented several changes, like the use of a city -owned forklift instead of a private rotation tow truck that is saving the city substantial monies. Achieve Operational Savings Page 4 of 7 (Employee: CARR, DANA C ID: 07649 Period: 10/66/2016 to 10/5/2017 Score: AA 85.4% F4 11 13 14 L1 L2 L3 L4 L5 s s AA NA S S AA S AA Achieve Cost -Effective Municipal Services Maximize Grant Opportunities and Management Submitted into the public record fpr itym(s) `j� b on I%e� l to . City Clerk Improve Business and Service Delivery Processes Major Carr has been the driving force to implement a new evidence and quartermaster tracking program that will allow her section to be more efficient in performing their mission. Deliver Technology and e-Solutions Instill Customer Focused, High Performance Culture Align Employee Goals with City Goals Develop Strategic Skills Major Carr has attended numerous training to enhance her ability to strategically forecast the needs of her section. Provide Employees with Key Information Provide a Quality Work Environment Major Carr is always looking for opportunities to maintain a safe working environment. She deeply cares about the safety of her team. Previous Requires Improvement Expected Date of Dame Number Performance Statement Incident Date Accomplishment Accomplished Entered B Current Requires Improvement Expected Date of Date Number Performance Statement Incident Date Accomplishment Accomplished Entered BY Attachments Comments 04886 - 4/21/2018 10:13:24 AM Major Carr is responsible for successfully navigating multiple challenges to her section that had brought public criticism to the department as a result of her predecessor's inaction. She has brought about a phenomenal change in the processess that control the way the Miami Police handles, tracks, and manages evidence. Major Carr is a pivotal member of the Miami Police Executive Team that strives to make a positive impact each and everyday. Updated 4/21/2018 10:18:49 AM by MORALES, MANUEL A (User 04886): Printed on: 4-23-2018 9:35 AM Page 5 of 7 Employee: CARR, DANA C ID: 07649 Period: 10/6/2016 to 10/5/2017 Score: AA 85A% Submitted into the publiq\ record fpr ite (s) rj on ;t 0 �i Z,() . City Clerk SUPERVISOR / EMPLOYEE AGREEMENT This evaluation has been discussed and reviewed with the employee. MPD Workplace Violence Policy has been provided to the employee. MPD Sexual Harrassment Policy has been provided to the employee. The Evaluating Supervisor has offered to provide career couseling to the employee. ctcr m• oyee's Name Appraiser's Name Department Director/Designee Employee Comments Printed on: 4-23-2018 9:35 AM Dat Date Date Page 6 of 7 Employee: CARR, DANA C ID: 07649 Period: 10/6/2016 to 10/5/2017 Score: AA 85.4% Submitted into the public, record fpr ite (s) on 1 4 ' City Clerk Dana Carr Synopsis of Hostile Work Environment Submitted into the pubiie record f r ite (s) �F , G on J�. City Clerk 1. Harassment (including Sexual Harassment) which states "Complaints against a Staff level officer will be taken directly to the Section Commander of Internal Affairs." 2. Harassment (including Sexual Harassment) which states "Complaints against a Staff level officer will be taken directly to the Section Commander of Internal Affairs." 3. Dana Carr's Hostile Work Environment Outline 4. Captain Javier Ortiz Public Records Request and Hostile Work Environment Complaint on Ramon and Dana Carr. 5. Email from FDLE Special Agent in Charge to Major Armando Aguilar with attachments of Dana Carr's letter to FDLE, FDLE's Investigative Report and FDLE Director Scott Mclnerny's letter to Dana Carr. 6. Email from Asseline Hyppolite to Major Armando Aguilar as an FYI. Asseline Hyppolite sent an email to Major Dana Carr following up that I stated I wanted Internal Affairs to investigate my complaint. 7. Memo written by Major Armando Aguilar closing out Dana Carr's Hostile Work Environment complaint. Major Aguilar did not interview anyone other than Dana Carr to investigate her case. 8. Memo from Major Dana Carr to Assistant Chief Cherise Gause, Chief Jorge Colina, City Attorney George Wysong, City Attorney Juan C. Perez, Asseline Hyppolite, Major Esther Farmer and Major Armando Aguilar requesting assistance with stopping the retaliatory actions of Assistant Chief Gause. Assistant Chief Gause transferred Lieutenant Kia Burrows 2 hours after a hostile staff meeting without prior notice. 9. "Letter to the Staff" that Major Dana Carr read to Staff members during an emergency meeting called by Chief Colina after the MCPBA's press conference. 10. Email from Asseline Hyppolite to Major Armando Aguilar which Major Carr informed Asseline Hyppolite that Internal Affairs is investigating her Hostile Work Environment complaint. 11. Meeting acceptance receipt from Major Dana Carr to Asseline Hyppolite. 12. Meeting with EODP Asseline Hyppolite and Dana Carr on January 7, 2020 at 1400hrs. 13. Major Dana Carr demoted to Captain on January 8, 2020 at 1100hrs. Submitted into the public p L record f r ite (s) on City Clerk Personnel Resource Management Departmental Order 6 Chapter 10 HARASSMENT (INCLUDING SEXUAL HARASSMENT) Section 10.1 Policy 10.2 Organization 10.3 Responsibilities 10.4 Procedures 10.1 POLICY: The policy of the Miami Police Department is to provide a professional work environment that is free of all forms of employee discrimination and conduct which can be considered harassing, coercive, or disruptive, including incidents of sexual harassment. The purpose of this order is to establish a proper procedure for reporting such instances. Any form of harassment is unacceptable and will be treated as employee misconduct. 10.2 ORGANIZATION: The Internal Affairs Section will be responsible for the coordination of all investigations regarding harassment. 10.3 RESPONSIBILITIES: Command and supervisory personnel shall be responsible for ensuring that the policies of this order are followed. They will be responsible for taking appropriate actions to stop incidents of harassment and discipline employees who violate this order and for reporting all incidents of harassment to their Section Commanders. 10.4 PROCEDURES: All employees of the department are required to follow the rules and procedures outlined in this order. Violations of this policy will be cause for disciplinary action. 10.4.1 No employee will engage in any type of conduct that can be considered harassment based on race, ethnic background, religion or sex, sexual preference, disability, marital status, or age. 10.4.2 The below listed behaviors are unacceptable in the workplace and employees will not engage in them: 10.4.2.1 Jokes or innuendoes of a racial, sexual, or religious nature. 10.4.2.2 Sexual gestures of any type at any time. 10.4.2.3 Any unwelcome activity of a sexual nature. Conduct is unwelcome when the employee did not solicit or invite it, and the employee regarded the conduct as undesirable and/or offensive. 10.4.2.4 Any inappropriate or unwelcome touching, pinching, patting, caressing or fondling. 10.4.2.5 The possession and/or review of any pornographic or adult materials. 10.4.3 Reporting Procedures: 10.4.3.1 Any supervisor or commander that witnesses an incident of harassment, whether the employee complains or not, will take immediate actions to remedy the incident and will report the incident to their Section Commander. 03/02 Submitted into the public record f r ite (s)\ c b on City Clerk Departmental Order 6 Chapter 10 "4.3.2 An employee who believes that they have been harassed by a coworker must report the 'dent to their Section Commander in writing. 10.4.3.3 If the reported incident is of a minor nature (i.e. jokes, inappropriate conversation, etc.) the Section Commander will conduct an inquiry and take any corrective action, discipline or counseling that is appropriate. A report documenting the complaint and the actions taken by the Section Commander will be sent to the Internal Affairs Section for review, documentation and filing. c 10.4.3.4 Complaints against a Staff level officer will be taken directly to the Section Commander at �ntemal Affairs. 10.4.3.5 Complaints that involve repeated behavior or incidents of hostile work environment, sexual favoritism, "Quid pro Quo," etc., will be reported to the Office of Equal Opportunity and Diversity Programs to be handled in accordance with their guidelines. Once the Police Department becomes aware that an employee has filed a complaint with the aforementioned office or the Equal Employment Opportunity Commission (E.E.O.C.), ail internal investigations will cease. 10.4.3.6 This procedure is in no way intended to prevent an aggrieved employee from pursuing his/her claim through the City of Miami Office of Equal Opportunity and Diversity Programs or the federal district office of the Equal Employment Opportunity Commission. 03/02 September 3, 2019 City of Miami City Manager Emilio T. Gonzalez 3500 Pan American Drive Miami, Florida 33133 Submitted into the public record r it (s) rjQ on_ City Clerk Dear Manager Gonzalez, My name is Dana Carr and I am a Major with the City of Miami Police Department, I was promoted to a senior staff position over nine years ago and I have experienced a hostile work environment the entire time. However, this current administration has exceeded the level of hostility that I am willing to tolerate. Among the many hostile tactics, this administration uses Internal Affairs and the Personnel Management Unit as weapons to punish personnel who are not their favorites. I would like to make a Hostile Work Environment and Retaliation complaint on Chief Jorge Colina, Deputy Chief Ronald Papier, Assistant Chief Luis Melancon and Retired Assistant Chief Dennis Jackson. The last two years I have endured the denial of appropriate resources, allowing personnel not assigned to the Property and Evidence Management Section to make major decisions without my knowledge, leaving me out of major decisions concerning my. Section, increased CALEA inspections, creating a hostile environment for my husband, subjecting me to unethical investigations and retaliation. These actions made me feel angry, helpless due to the inability to get the appropriate resources for my Section, stressed, bullied, harassed and humiliated. On August 29, 2019, I became aware of the level of contempt this administration has for my husband and I. Now, I feel terrified! Accept this complaint as an attempt for me and my husband to have the ability to work in peace, have the illegal behavior stopped and have the perpetrators receive the appropriate disciplinary actions. Therefore, I am respectfully requesting that this complaint be investigated so I can provide additional information. I can be reached via telephonetelephonelliMillior email 411111.11111111.11111.. Best regards, Dana Carr Submitted into the public Hostile Work Statement Outline record f r ite (s)� on City Clerk Deputy Chief Ronald Papier 1. Captain Javier Ortiz, who is assigned to the Special Operations Section, was allowed to make a request to purchase cars for the Property and Evidence Management Section without my knowledge: • 2/15/18 Officer Daniel Mocombe (Fleet Liaison Officer) sent an email to GSA John Babos requesting to purchase vehicles on be • 2/26/18 Captain Javier Ortiz sent an email copying Deputy Chief Ronald Papier to GSA Supervisor John Babos ordering cars without my knowledge. (This request conflicted with the order for vehicles that I was attempting to make. It also contributed to a shortage of vehicles) • 2/27/18 I sent a copy of the email to Chief Manuel Morales. 2. I was denied several requests for resources that would make my Section more efficient. However, the shortages made the Section's operations more difficult: • 3/28/18 I sent an email reference a cost savings of $90K to convert (5) 2009 Crown Victorias into to PSA cars to address the shortage of vehicles for PSAs. Chief Papier denied the request citing funding. (cost to convert the 5 Crown Victorias = $16,936.50/ cost to purchase 5 Toyota Corollas - $107,500) Note: Executive Assistant Nathalie Martinez asked about the status of the conversion because of the shortage of PSA cars. • 11/7/18 Executive Assistant Nathalie Martinez sent an email to Officer Mocombe asking about the status of the conversion of Crown Victoria's because of the shortage of PSA cars. I responded that the conversion recommendation was denied. • Several requests for a Sergeant in the Quartermaster Unit: (Chief Papier 6/1/17), (Chief Colina 11/4/17), (Chief Morales 3/2/18), (Chief Jackson 12/7/18), (Chief Colina 5/28/19) • I requested a Property Specialist III position (civilian supervisor) in my budget enhancements for two fiscal years. Those requests were denied as well. • Note: 5/10/18 I completed a Staff Study project for the Southern Police Institute 81st Command Officer Development Course 3. Major Umset Ramos, who is the Section Commander for the Training Unit, was allowed to transfer funds from the Property and Evidence Management Section without my knowledge: 1 Hostile Work Statement Outline Submitted into the public record f, r ite (s) on • `1 City Clerk • 5/25/18 Major Ramos sent me an email regarding a directive from Chief Morales authorizing the purchase of 36 ballistic vests. I responded that I would do that and suggested that the remaining funds could be used to purchase Tasers. Major Ramos did not respond to this email. • 5/30/18 I received email notification from Aridana Jodar from the Budget Unit that Major Ramos completed a transfer from my Budget for $18,233.08 for ammunition without my knowledge or input of what the needs were for my Section. Deputy Chief Papier gave the authorization. • 5/30/18 I met with Chief Dennis Jackson to discuss how disrespected I felt with Major Ramos and told him this would not have occurred if I were a man. Chief Jackson called Major Ramos into the meeting with us to discuss my concerns. Chief Jackson advised he would discuss this incident with Chief Papier as well. • 5/31/18 Major Ramos sent an email to Aridana Jodar canceling the transfer to purchase ammunition. • 6/5/18 I sent an email to Chief Dennis Jackson requesting to speak to Deputy Chief Papier regarding personnel assigned to other Sections being allowed to make decisions in my Section without my knowledge. • 6/5/18 I met with Deputy Chief Papier and Assistant Chief Morales (Chief Papier called me in the office for something else). I advised him I sent an email to speak with him and Chief Jackson. Chief Papier advised since Chief Morales was present, we could have the meeting now. I advised Chief Papier I was being discriminated against because I was a black female. I advised Chief Papier that the people who were making decisions in my area could not circumvent me due to their rank unless he (a Chief) allowed it. I advised Chief Papier I wanted the behavior to stop. 4. Chief Papier entered the Property Unit on Sunday, January 13, 2019 without my knowledge and called my subordinates — knowing the history of issues in the Property Unit: • 1/13/19 (Sunday) Deputy Chief Papier entered the Property Unit and set off the alarm. He did not notify me. However, he called Lt. Kia Burrows who is assigned to the Quartermaster Unit. (At the time, Lt. Saundria Anderson was assigned to the Property Unit). He did not notify me and did not sign the entry log. If the alarm had not gone off, we would not have ever known he entered the Property Unit after hours. He told Lt. Burrows that he went in to get bike shorts for EA Nathalie Martinez. With all the investigations regarding stolen property from the Property Unit, he entered with the intent to take something without notifying me of his entry. 2 Hostile Work Statement Outline Submitted into the public record r iten(s) ` `'jQ! 6 on _J/ t try, City Clerk • 1/14/19 Lt. Kia Burrows wrote a red -line memo to Chief Jackson documenting Chief Papier setting off the alarm in the Property Unit upon his entry. 5. Chief Papier was going to accept PSI Rolando Aleman's offer of probation during negotiations without my input on the nuances of this case: • In May of 2018, PSI Carlton Haynes (resigned), PSI Manuel Perez (fired), PS I Alberto Veliz (Resigned after serving a suspension) and PSI Rolando Aleman (fired) were caught stealing evidence that was designated for destruction. PSII Rolando Aleman appealed his firing. • 4/17/19 Sgt. Jean-Poix notified me that he received an email requesting his attendance at a meeting regarding the Arbitration Hearing for Rolando Aleman. • 4/17/19 I sent an email to Major Esther Farmer advising that I had just been made aware of the Arbitration Hearing and asking if I should be a part of this process. • 4/17/19 Major Farmer responded and copied City Attorney Stephanie Panoff on the email. She advised that the City Attorney normally contacts her if they need anyone's testimony. • 4/17/19 City Attorney Stefanie Panoff responded that the Arbitration date had been moved and a new date had not been set. However, she would notify me of the new date. • 6/28/19 (0852hrs) Deputy Chief Papier called me on cellphone to advise that PSI Rolando Aleman would be returning to work in the Property Unit. He said the City was accepting Aleman's strict probation agreement. I protested because I did not have any input on the decision. Rolando Aleman was one of three employees who stole evidence that was supposed to be destroyed and lied to Sgt. Fabio Sanchez and Internal Affairs investigators. (incident was captured on video tape). I advised if Rolando Aleman returned, he would not be allowed inside the Property Unit while I commanded the Section. I would assign him to Fleet Liaison. • 6/28/19 (1541hrs) Chief Colina sent me a text thanking for my input on Aleman 6. Chief Papier submitted a memo with my name on it from my Section while I was working without my knowledge to Chief Jackson: 3 Hostile Work Statement Outline Submitted into the public record f r ite (s) 3 r b on ? City Clerk • 8/26/19 Deputy Chief Papier called Mr. David Evans to write a red -line memo to request Chief Jackson's firearm and advised him not to anyone including me. (The memo has my name on it as the Major of the Section). When Mr. Evans could not generate the memo correctly, Deputy Chief Papier called Lt. Burrows on 8/27/19, who was not at work to generate the memo. She called PSII Nicole Clark and advised her to write the memo and not to tell me as the Deputy instructed. I was at work both days. All my employees knew about this memo but me. It was awkward telling Chief Jackson goodbye because he probably thought I knew about the ambush tactic. Assistant Chief Dennis Jackson 1. Assistant Chief Dennis Jackson advised me that Chief Jorge Colina wanted him to "put something in my file". Chief Colina questioned who gave me authority to use overtime: • 12/4/18 Chief Jackson inquired about Lt. Anderson working overtime. (Justification for Lt. Anderson SAFE-ITR Grant Overtime memo written) • 12/13/18 Chief Jackson requested I bring the overtime justification memo to City Hall and bring 4 copies. Justification for Lt. Anderson and Lt. Burrows Overtime memo submitted. • 12/31/18 Chief Jackson submitted a red -line memorandum summarizing an investigation of my use of overtime in the Property Unit. He advised Chief Colina that I used overtime within reason. o Note: Chief Jackson told me that Chief Colina wanted him to write me up. When he showed the memo to Chief Morales, he told Chief Jackson that Chief Colina would demote him back to a sergeant. Chief Jackson told me he felt he needed to do what was right. (Especially since Chief Colina, Deputy Chief Papier and Assistant Chief Morales were my Division Chiefs during the periods when I used overtime to restructure the Property Unit). 2. Creating and allowing a Hostile Environment for my husband, Lieutenant Ramon Carr, who is assigned to the Records Unit and is Vice President of the Miami Community Police Benevolent Association: 4 Hostile Work Statement Outline Submitted into the public„ record fpr ite%�(s) on t / 1 ! . City Clerk • 12/13/18 Lt. Carr met with Deputy Chief Ronald Papier at City Hall to speak with him about his training that was denied and his hostile environment complaint. 3. Chief Dennis Jackson filled a vacancy for Property Specialist II without my knowledge: • 12/7/18 I sent an email to Chief Jackson requesting a sergeant to replace PSII Harolenna McKinnon who had retired that week. • 5/13/19 The interviews for Property Specialist II were held. • 5/30/19 I requested a meeting with Chief Dennis Jackson after I went to personnel to follow up on the status of filling my Property Specialist II vacant. I was advised that Chief Jackson selected the person who would fill the vacancy without any input. Chief Jackson selected a candidate who had no experience in the Quartermaster Unit at all. Additionally, the Quartermaster/Fleet Unit (Quartermaster, Fleet, Mail and Supply Room and Accountant Detail) only had Lt. Burrows for a supervisor for 6 months. I asked Qianna Sanders -Bell if that is how selections are done. She advised not since she has been working in the Personnel Unit. Assistant Chief Luis Melancon 1. Rape kit grant application which evolved into an Internal Affairs investigation. The initial information was distorted by Chief Melancon to "find" something wrong in the Property and Evidence Management Section: • 3/22/19 Chief Jackson requested a synopsis via red -line memo of rape kits going to Miami -Dade County Lab. (Written by Ava Garner) • 3/22/19 Lt. Saundria Anderson forwarded the original email to Chief Jackson and I that caused Chief Luis Melancon to state that the Property Unit had a backlog of rape kits which we did not. • 4/1/19 Lt. Saundria Anderson, PSII Ava Garner and I attended a meeting at Miami -Dade County Lab • 4/8/19 Stefani Infante, Chief Jackson Administrative Assistant sent an email requesting the total number of outstanding DNA kits and their processing status. Also, a comprehensive DNA evidence report covering every piece of DNA evidence in current inventory detailing the case number, type of case, type of DNA, type of processing required and its processing status • 4/15/19 Sgt. Yaosca Vanegas sent an email to Ava Garner regarding her inquiry about working overtime while light duty. This incident and the ("Dcrr,,,, 5 Hostile Work Statement Outline Submitted into the public record f r ite (s) cjp, b onj���'(� City Clerk accident became an Internal Affairs incident when it should have been an administrative issue. How did this become an IA investigation? • 9/5/19 Major Jesus Ibalmea called to me to schedule an Internal Affairs appointment for a statement for nil Ava Garner's case • 9/5/19 I responded to Internal Affairs at 1300hrs to give a witness statement on the Ava Garner case. Chief Jorge Colina 1. Allowing me to be subjected to an unethically investigated Internal Affairs as a Principal officer (Gun Burn Case): The investigation violated my State Statute 112 rights • 3/5/19 The Property Unit conducted a drug burn in which SWAT brought 2 guns and flash bangs. IA took the guns and allowed the flash bangs to be destroyed. This incident turned into an internal Affairs investigation in which I am a principal. • 7/24/19 Captain Padron called me to schedule an interview regarding the Gun Burn case • 7/25/19 I responded to Internal Affairs to give a statement as a Principal officer. 2. Retaliation: Chief Colina advised Lt. Ramon Carr and Sgt. Jean-Poix that Chief Dennis Jackson was trying to get my husband fired and demote me: • 8/29/19 EA Sergio Diez called Lt. Ramon Carr. He requested that Lt. Carr and Sgt. Stanley Jean-Poix meet with Chief Colina and him (EA Diez). During the meeting, they told Lt. Carr and Sgt. Jean-Poix the reason they were firing Assistant Chief Dennis Jackson, and the fact that not only did AC Jackson want me demoted, he tried to get Lt. Carr's light duty case reopened and have him fired. Chief Colina told them that Chief Jackson was trying to do some other stuff to him, but he would tell them later. Lt. Carr and Sgt. Jean-Poix spoke to Major Farmer. Not only did she corroborate Chief Colina's story, she stated that Captain Lozano wrote a 3- page memo to the fact, there are emails as well and the City Attorney was contacted regarding this. She said she would find out the date and get back to him. 6 Hostile Work Statement Outline Impacts of this Hostile Environment: Submitted into the public 6 on a� ? record fpr ite (s) 3 1 / 6,13 City Clerk • Stress • Anger • Humiliation by circumventing and undermining me • Frustration • I believe that the Administration is trying to force me to retire by making my work conditions difficult. • Tarnishing my reputation and integrity 7 PDF.js viewer Page 1 of 4 Hofiant, Tatiana From: Wysong, George Sent Friday, September 20, 2019 226 PM To: Hollant, Tatiana Subject FW: (Confidential) Complaint Of Hostile Work Environment and 119 Request Hi Tatiana, Here is a new pubs records request. Please add it to the system if It is not there already. Thanks. GEORGE K WysoNG 111 DIVISION CHIEF-GENERA1- GOVERNMENT DIVISION City al Mtmd Wes of tie Clly kfnr+ey Tebpl as 305-603-68 F:rwilc 3",8-372-4609 peoree.wvsone rdmismi-oolice.ora Disdalmet: This e-mail is Intended only for the IMkldual(s) or ertdcyis) named within the message This e-mall night carman legally privileged and conlMenfial information. Brew properly received this e-mail as a dent or trained aspen, please hold It in confidence to protect the attamey-cfrent m wort product privileges. Should the intended redpient forward or disclase this message to enrrter person ce party, that action could constant a waiver of the smarmy -dent privilege. If the reader of this message Is eg the branded recipient, or the agent responsible to deliver It to the intended recipient, you are hereby noteed that any review, dissemination, distribution or copying of thh communication is probBitesi by the snider and to do so might constitute a vislrton of the Electronic Communications Privacy Act, 18 U.S.0 section 1D 2521 If this communication was received In error we apologize for the intrusion. Please notify ss by reply e-mail and delete the original message Notting In this e-meli menage shalt In and of asetf, ovate an attorney - Rent relationship with the sender. Under Florida tar, e-mail addresses and the contents tithe e-mail ere public records. If you de not warn your e-rmtl address, arthe centime of the e-mail. released In response to a public records request, do not sand electrons mail to tfia entity. Irsteed, contact this affix by phone or hn rnt5ng. From: Javier Ortiz, FOP <ortizfop@gmaif.com> Sent Friday, September 20, 2019 856 AM To: Dlez, Sergio (Executive Officer) <1484@miami-police.org>; Dies, Eldys (Executive Officer) <28102@miaml- police.org>; Martinez, Natalie (Executive Officer) c28566@miami-police.org>; Ortiz, Javier (Capt) <5418@miaml- poiice.orp; Colina, Jorge (Chief of Police) <i126@miami-police.org>; Farmer, Esther (Major) da44@miami-police.org>; Morales, Manuel (Assistant Chief) c4886@miami-police.org>; Papier, Ronald (Deputy Chief) <5475@miami-police.orp; Roberts, Angela cARoberts@miamigov.com>; Wysong, George <GWysong@miami-police.orp; Gonzalez, Emilio T. cETGonzalez@mlamigov.com>; Ibalmea, Jesus (Major) <3319@miami-police.org> Cc Eugene Gibbons <gbbons@bgtaw-pa.com> Subject (Confidential) Complaint Of Hostile Work Environment and 119 Requesg EALITiON 7hlstsaninna l intro #ernalsniinslttilibtlirMinle or nat3chmen#,tntesi sender ndl now8ie ont re- issofe Dear Mr. Wysong and MPD Leadership: Please treat this piece of electronic correspondence as an official 119 request on behalf of the FOP. This is also to be treated as a hostile work environment complaint against Lt. Ramon Carr and Major Dana Carr. I asked that it's forwarded to the proper individuals for investigation. Submitted into the public record f r ite on 1It / City Clerk PDF.js viewer Page 2 of 4 Submitted into the public record f r ite�n(s ��� on J City Clerk For some time now, Mr. Ramon Carr has been making public records requests for individual profiles including mine in an attempt to show some type of disparity in the police department that does not exist. He apparently is also attempting to grab the attention of certain groups to push an agenda that is not positive for the police department or the members of the FOP. When you look at the facts, the disparity that is clear is the fact that the only individual that we know in the police department that is holding a high ranking position and can't even pass a fitness for duty is Ramon Carr. While Hispanic Police Officers such as Tony Torres and just this past month Officer Joseph Flores were forced to resign because they can't perform the duties of a law enforcement officer, we have Ramon Carr who some how stayed on the force after an off duty accident with a golf ball. Not only is he filling a sworn position in the police department, he is holding the rank of Lieutenant, while those that can perform the position at 100% cannot achieve it because of this exception. He has no business. complaining about anything. He has been seen at events even wearing a full police uniform, yet he is permanently not fit for full duty. His photograph was displayed in the records unit wearing a uniform shirt. This is the same individual that recently called CALEA in regards to the police department to speak on racial disparity especially within the training unit. It appears there is also some personal vendetta against Lieutenant Guillot in the unit. Mr. Carr is attempting to make a case that minorities get disqualified faster in the police academy than other groups. In order to just give you an idea of how ridiculous his allegations are, I simply walked over to the police college and viewed the current top recruits in each class. Most of the highest ranking positions showing excellence in the police academy are held by minorities. PDF.js viewer So since he keeps doing this to harass me and others, I will bring up the concerns that we also have which are valid and true. Our policy states that if you get injured while doing your job (like a 9/11 incident, getting shot while saving a life, etc), you're put on a list and once that list is filled, you are subject to being reclassified or forced to leave the department. I understand an exception was made for him. However, that exception does not give him the right to take promotional exams when we desperately need more leadership on the street. I would like to know what gives him this right. Also, since this was just discovered by union leadership, we will wait for a response to this question. There maybe possible legal action for those that were denied becoming supervisors since he is filling a promotional (budgeted & funded) position. So in the spirit of transparency, I am requesting the following documents: . A copy of Ramon Carr's internal affairs profile. . A copy of Ramon Carr's Kronos for the following weeks: 2/3/19, 12/10/17, 10/9/16. . Any and all documentation relating to his accommodations. . Police Vehicle number assigned to Ramon Carr, and if it has any emergency equipment. . Quartermaster log of any equipment or uniforms Ramon Carr is still in possession of, because he shouldn't have any. . Any and all public records requests sent by email by Ramon Carr to the police department for the past 24 months. . Any and all emails from ONEBADCARR@bellsouth.net addressed to any Miami Police employee from 12-1-18 to present. As for Major Carr, apparently she has jumped on the band wagon with her husband. She is now requesting my emails. Due to my position in the police department and the amount of equipment I carry, I was having a pickup truck ordered for SOS. After the funding was earmarked, she decided to cancel it. She also gave me a hard time when I was attempting to order my uniforms when I was transferred to SOS. Page3 of4 Submitted into the public, record f r ite (s) ��� on 1 i % City Clerk PDF.js viewer Page 4 of 4 So you wonder why they are doing this. It's quite simple. Lt Carr is upset that I beat him on the lieutenant's exam and now I'm a Captain. All his correspondence to the City is under the false pretense that the police department is against African Americans. Major Carr also dislikes me due to the fact that in my position as FOP President, I was not in support of Dennis Jackson becoming the Chief of Police because he didn't have the qualifications or in my opinion, the best interests of the Miami Police Department. It was made clear to me that Major Carr her unwavering support was for him to become Chief, in the hopes of becoming an Assistant Chief. will not be bought with a promise of a Major's position and I refuse to be bullied anymore. All this nonsense causes a constant stress in my life for no reason. I've prayed over this and if I should say something. Like the saying goes: It's never easy to do the right thing. Have a blessed day, Captain Javier Ortiz District Director Past President, Miami Lodge#20 Fraternal Order of Police Submitted into the pubii record for itern(s on City Clerk Submitted into the public record f r ite s) ��4 , on j Ji] City Clerk Aguilar Jr., Armando (Major) rom: ent: To: Subject: Attachments: Follow Up Flag: Flag Status: Walker, Troy <TroyWalker@fdle.state.fl.us> Wednesday, October 23, 2019 7:40 AM Aguilar Jr., Armando (Major) Letter to Dana Carr Correspondence from Dana Carr_Redacted.pdf; Case EI-73-8657-IR_982.pdf Flag for follow up Flagged CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Armando, Please see the attached. This information is for you and Jorge's visibility. Thanks, Troy Walker Special Agent In Charge Florida Department Of Law Enforcement Miami Regional Operations Center 103o NW iiith Avenue iami, FL 33172 786)336-1240 office (813)918-3210 cell (786)336-1017 fax 1 Submitted into the public record f r ite (s) `..t)Y on k �,1 / City Clerk FLORIDA DEPARTMENT OF LAW ENFORCEMENT INVESTIGATIVE REPORT On September 27, 2019, the Florida Department of Law Enforcement (FDLE), Office of Executive Investigations (OEI) received correspondence forwarded by the Office of the Commissioner from Dana Carr. In her correspondence, Ms. Carr expressed concerns regarding an Internal Affairs investigation that was conducted by the Miami Police Department (MPD) and alleged that the MPD created a hostile work environment. Upon review by OEI Director Scott McInerney, it was determined that Ms. Carr's complaint did not warrant an investigation by FDLE. Ms. Carr was advised that her complaints were civil and / or administrative matters that would be more appropriately addressed by the City of Miami, Human Resources, and Equal Opportunity Diversity Program for review and any action deemed appropriate. It should be noted that a copy of the correspondence was forwarded to FDLE's Miami Regional Operations Center, Special Agent in Charge Troy Walker for review and informational purposes. A copy of the correspondence and OEI's response can be viewed electronically as Related Item #307. OEI's referral can be viewed below: From: Sylvestre, Stephanie Sent: Friday, September 27, 2019 4:40 PM To: Walker, Troy Subject: Correspondence from Dana Carr Good Aftemoon, On September 27, 2019, the Office of Executive Investigations received correspondence forwarded by the Office of the Commissioner from Dana Carr. In her correspondence, Ms. Carr expressed concerns regarding an Internal Affairs investigation that was conducted by the Miami Police Department (MPD) and alleged that the MPD created a hostile work environment. The attached correspondence is being forwarded to you for review and informational purposes. Should you have any questions and / or concerns regarding this referral, please feel free to contact me. Very Respectfully, Case Number: EI-73-8657 Serial #: 982 Author: Redon-Sylvestre, Stephanie Office: Executive Investigations Activity Start Date: 09/27/2019 Activity End Date:09/27/2019 Approved By: Kimsey, Kelly Marie Description:Correspondence from Dana Carr THIS REPORT IS INTENDED ONLY FOR THE USE OF THE AGENCY TO WHICH IT WAS DISSEMINATED AND MAY CONTAIN INFORMATION THAT IS EITHER PRIVILEGED OR CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. ITS CONTENTS ARE NOT TO BE DISTRIBUTED OUTSIDE YOUR AGENCY. Page : 1 of 2 268920191022103951 Submitted into the public record fpr it (s) ti')V ��] t. on � �Q City Clerk September 22, 2019 Dana Carr Florida Department of Law Enforcement Commissioner Richard L. Swearingen P.O. Box 1489 Tallahassee, FL 32302-1489 RECEIVED Ogre of the Commissioner SEP 2 5 2019 Dear Commissioner Richard L. Swearingen, My name is Dana Carr and I am a Major for the City of Miami Police Department. I would like to make a formal complaint against the Internal Affairs Unit and Chief Jorge Colina for abuse of authority. The Internal Affairs Unit allows investigations to exceed 180 days which negatively impacts the department's ability to hold officers accountable. Additionally, the unit investigates others as punishment and/or retaliation. I feel Chief Jorge Colina allowed me to be subjected to an unethical Internal Affairs investigation as a principal. This investigation was unethical because the lead investigator should have been a principal, other Internal Affairs investigators should have been witnesses- but were not interviewed, and a witness officer who submitted false documents should have been a principal. I should have simply been a witness. On September 4, 2019, I submitted a hostile work environment complaint on Chief Jorge Colina. The Internal Affairs Unit will have to investigate my complaint. However, this Unit works directly for Chief Colina. Therefore, I am respectfully requesting that my formal complaint for abuse of authority against Chief Jorge Colina and the Internal Affairs Unit.be investigated. Additionally, I am requesting that an independent investigator oversee my Hostile Work Environment complaint investigation to ensure it is conducted in accordance with the law. I can be reached via cellphone 11111111111.11 or email . Thank you for your attention to this matter. Best regarjds, �C Dana Carr FILE Submitted into the public record f9 r ite (s) 5 , O on I / ti/ . City Clerk Florida Department of Law Enforcement Richard L. Swearingen Commissioner September 27, 2019 Office of Executive Investigations Post Office Sox 1489 Tallahassee, Florida 32302-1489 (850) 410-8240 www.fdle.state.fl.us RE: FDLE File EI-73-8657/982 Dear Ms. Carr, Ron DeSantis, Governor Ashley Moody, Attorney General Jimmy Patronis, Chief Financial Officer Nikki Fried. Commissioner of Agriculture Your recent letter to the Florida Department of Law Enforcement (FDLE) was forwarded to the Office of Executive Investigations (OEI) for review. In your letter, you describe a recent internal affairs investigation in which you were the principal and further described concerns with how the City of Miami Police Department generally conducts internal investigations. In part, you noted that the Internal Affairs Unit allowed internal investigations to exceed 180 days, thereby negatively impacting the department's ability to hold its officer accountable. In addition, you indicated that you submitted a hostile work environment complaint involving the police chief and requested an independent investigator to oversee that investigation. Upon review, it was determined that the issues you outline appear to involve civil or administrative matters associated with your employment. As such, FDLE will not be conducting any further review or investigation in the matters you described. With regard to alleged failures on the part of the City of Miami Police Department to comply with the provisions of the police officers bill of rights, please refer to Florida Statute 112.534 which outlines the procedures to follow when investigators fail to comply with the requirements of Florida Statute 112.532, law enforcement and correctional officers' rights. With regard to the allegation of a hostile work environment, it is recommended that you seek guidance from the City of Miami / Human Resources / Equal Opportunity Diversity Program to determine the appropriate coordination of your complaint. Thank you for bringing this issue to FDLE's attention and we remain ready to assist our law enforcement partners when called to do so. Sincerely, Scott Mc!Piemey Director SM/srs Service • integrity • Respect • Quality Case Number IR Number EI-73-8657 982 Stephanie Redon-Sylvestre Crime Intelligence Analyst II Florida Department of Law Enforcement Office of Executive Investigations Office: 850-410-8242 SteDhanieSvIvestrenfdie.state.fl.us Page : 2 of 2 Submitted into the public record fo ite s) c on 41 City Clerk 268920191022103951 Aguilar Jr., Armando (Major) Submitted into the pubi record f r ite s) ?) , 6 on City Clerk Hyppolite, Asseline Friday, November 1, 2019 11:41 AM To: Aguilar Jr., Armando (Major) Subject: FW: Follow up FYI From: Hyppolite, Asseline Sent: Thursday, October 17, 2019 1:07 PM To: Carr, Dana (Major) <7649@miami-police.org> Subject: Follow up Good afternoon Major Carr, 1 hope all is well. I am following up with you regarding the matter brought to my attention a few weeks ago. When I reached out to you, you stated that you wanted MPD's Internal Affairs Unit (not EODP) to handle your concerns which included allegations that the department has not provided you with proper resources and that there was contempt for you and your husband. Please advise if the matter has been handled and whether you maintain the same position. If I can be of any assistance, please don't hesitate to contact me. regards, Asseline Hyppolite ED/DP Administrator City of Miami Office of Equal Opportunity/Diversity Programs 444 SW 2nd Avenue, Room 642 Miami, FL 33130 (305) 416-I990 Disclaimer. This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence. If the reader of this message is nor the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.0 section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail immediately and delete the original message. Nothing in this e-mail message shall, in and of itself, create a relationship with the sender. Under Florida law, e-mail addresses and the contents of the e-mail are public records. If you do not want your e-mail address, or the contents of the e-mail released in response to a public records request, do not send electronic mail to this entity. Instead contact this office by phone or in writing. 1 CIT r OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM Submitted into the public record fpr ite (s) public, , (j on �/ t 1 /V . City Clerk Major Dana Carr Commander Property and ,NA J. Major Aptfiando R. Aguilar Commander Internal Affairs Section Management Section DATE November 14, 2019 ''`E SUBJECT: Hostile Work Environment •1FFERENCES =NCL;3S? 'PES. After careful review and consideration, your complaint will be filed as "Information Only," as no violations of criminal law or agency policy were identified. Furthermore, the investigation revealed no evidence of disparate treatment due to race, gender, or other protected status(es). The finding of this investigation does not preclude you from pursuing your claim with the City of Miami Office of Equal Opportunity and Diversity Programs (EODP) or the Miami District Office of the U.S. Equal Employment Opportunity Commission (EEOC). AR:iv Carr, Dana (Major) Submitted into the public record or ite (s) on City Clerk m: Carr, Dana (Major) cent: Friday, November 22, 2019 5:08 AM To: Gause, Cherise (Assistant Chief) Cc Colina, Jorge (Chief of Police); Wysong, George IC; Perez, Juan C.; Hyppolite, Asseline; Farmer, Esther (Major); Aguilar Jr., Armando (Major) Subject: RE: Property Lieutenant Attachments: Aguilar HWE closeout.pdf Note: Major Aguilar did not respond to my email. Instead, he contacted me the next morning in my office before the Do The Right Thing ceremony (11/20/19 at 0939hrs). He handed me a red line memo that was back dated to November 14, 2019 which closed out my Hostile Work Environment complaint. Paraphrasing for brevity, the memo stated that Major Aguilar did not find any violations of criminal law or agency policy. I asked Major Aguilar how could he make that determination. He stated he reviewed my complaint only and did not interview any of the personnel I listed as perpetrators. Unsatisfied, I filed an Internal Affairs complaint this on November 21, 2019 at 0158hrs for violation of my rights under Florida State Statute Ch. 112 — Officer Bill of Rights (112.532(1)(d) which is a violation of criminal law. D. Carr From: Carr, Dana (Major) <7649@miami-police.org> Sent: Thursday, November 21, 2019 10:32 PM To: Carr, Dana (Major) <7649@miami-police.org> Colina, Jorge (Chief of Police) <1126@miami-police.org>; Wysong, George K. <GWysong@miamigov.com>; Perez, Juan C. <iCPerez@miamigov.com>; Hyppolite, Asseline <AHyppolite@miamigov.com>; Farmer, Esther (Major) <1844@miami-police.org>; Aguilar Jr., Armando (Major) <0056@miami-police.org> Subject: FW: Property Lieutenant Good evening Chief Gause, I disagree that Lt. Burrows was not forcibly transferred. The italicized email thread below details the words you used to notify me of her transfer. You stated she will be transferred. There is no option in that statement. I immediately contacted Major Armando Aguilar because I felt this was a hostile action of retaliation since Lt. Burrows was transferred a few hours after I read the attached "Letter to the Staff'. I read that letter in response to a hostile emergency staff meeting on Tuesday, November 19, 2019 at 1000hrs. I'm am confident that in a different circumstance, I could coach and guide Lt. Tameron. However, if Lt. Tameron has an ulterior motive to sabotage me. It's difficult to guide his behavior. Lt. Tameron was the supervisor of the lead detective in Internal Affairs when my rights afforded to me under Chapter 112 was violated and it was allowed by senior leadership. Chief Gause, I feel your actions are retaliatory. I feel that your arbitrary assignment of Lt. Tameron to my Section is meant to set me up to fail. I continue to feel an unabated Hostile Work Environment from senior leadership in this department. I will file a Federal EEOC complaint. In the interim, I am appealing to all of the stakeholders copied on this email to stop this unwanted hostile behavior now. Major D. Carr 1 Submitted into the publi From: Carr, Dana (Major) record f r ite (s) 5� i Sent: Tuesday, November 19, 20191:34 PM °n `� �� ��v City Clerk To: AguilarJr., Armando (Major) <00560miami-police.ora> Subject: FW: Transfer- Update to my Hostile Work Environment Complaint Good afternoon Armando, I hope all is well. I would to schedule a meeting sometime next week to update my Hostile Work Environment Complaint. Please advise any dates and times you are available. I will adjust my schedule. Thank you. D. Carr From: Gause, Cherise (Assistant Chief) <2302@miami-police.org> Sent: Tuesday, November 19, 20191:26 PM To: Carr, Dana (Major) <7649@miami-police.ora> Subject: Transfer Good Afternoon Major Can, Please be advised that effective shift change, Lt. K. Burrows will be transferred to Criminal Investigations. An official notification from the Staffing Unit will be sent. Thank you, Assistant Chief Cherise G. Gause Administration Division Miami Police Department 400 NW 2nd Ave., Miami, FL 33128 (305) 603-6130 Twitter: @CGauseMPD Instagram: @achiefgausempd Outlook for iOS From: Gause, Cherise (Assistant Chief) <2302@miami-police.org> Sent: Thursday, November 21, 2019 4:38 PM To: Carr, Dana (Major) <7649Pmiamf-police.org> Subject: RE: Property Lieutenant Major Carr, 'Tf`eutenant Burrows was not forcibly transferred to a new assignment, she was offered an opportunity in a new unit and she accepted it. While I am glad to hear that she had such a great relationship with her personnel, we should reward and 2 not penalize her for her successes. The Property Unit is always managing new projects, so unfortunately there will never be an easy time to have a management transition. I am confident that her work was documented well enough to allow Lt. Tameron to pick up where she left off. Regarding Lt. Tameron's transfer, it is not our agency's practice to advertise Sr lieutenant vacancies in specialized units. If you have concerns regarding a 112 violation, I recommend that you speak ,rith a union representative or the Major of Internal Affairs to consider your options. In any case, I believe you will be able to guide Lt. Tameron to succeed in the Property Unit. Thanks, Assistant Chief Cherise G. Gause Administration Division Miami Police Department 400 NW 2nd Ave., Miami, FL 33128 (305) 603-6130 Twitter: @CGauseMPD Instagram: @achiefgausempd From: Carr, Dana (Major) <7649Pmiami-police.org> Sent: Thursday, November 21, 2019 11:50 AM To: Gause, Cherise (Assistant Chief) <2302@miami-police.org> Subject: RE: Property Lieutenant Good morning Chief, Submitted into the public record fp r ite cs) jQ , 6 on l / 11 / (,0 . City Clerk Unfortunately, I do not have a name of a potential lieutenant replacement. As I was surprised at Lt. Burrows' aknsfer notice on Tuesday, November 19, 2019. I did not have a reason to consider another. At our meeting ,esterday, I asked why Lt. Burrows was being transferred. You reminded me that I stated when Lt. Tameron was transferred to my Section "temporarily" that I did not need two lieutenants. This is true. I have asked for a sergeant for two years to assist Lt. Burrows with managing several specialized details in her Unit. A sergeant would make the Quartermaster/Fleet Unit's operations more efficient. Despite the supervisor shortage, Lt. Burrows was doing a phenomenal job! She knows her Unit inside and out and has a great working relationship with her personnel- they are devastated. She was working on several big projects such as preparing for the Super Bowl which is just 8 weeks away (baseball hat patch design, tactical shirt design and BDU orders), the ballistic helmet numbering project, the Asset Management Inventory project and Galls orders since the fiscal year opened. Moreover, as the senior Lieutenant in the Section, she assisted Lt. Claude, who is new, with the Property Unit when needed. This transfer comes at a time when the vendors are short of staff due to the holidays, Super Bowl orders need to be finalized and Lt. Tameron does know anything about Quartermaster. I believe the way this transfer was abruptly conducted puts my Section at a disadvantage during a critical time. Also, I asked if I could advertise in the Official Bulletin to find a permanent replacement for Lt. Burrows. You advised that Lt. Tameron would be there until further advised. I want to make you aware that if I had any input into the matter, I would not select Lt. Tameron. While Lt. Tameron was assigned to Internal Affairs, he was the supervisor on a case which is still open where I was named a Principal officer. I cited this case in my Hostile Work Environment complaint to Major Armando Aguilar where my rights under Florida State Statue Ch. 112- Officer Bill of Rights where clearly violated. Burrows has decided to accept the transfer with grace and humility as she knows it's an opportunity to tarn something new. I am happy for her as well. However, I am respectfully requesting that the transfer 3 becomes effective after the Superbowi and that I be able to select a replacement through the Specialized Unit selection process by advertising in the Official Bulletin. you for your consideration. D. Carr From: Gause, Cherise (Assistant Chief) <2302t miami-police.org> Sent: Wednesday, November 20, 2019 7:48 PM To: Carr, Dana (Major) <7649@miami-police.org> Subject: Property Lieutenant Major Carr, Submitted into the public record f rite (s) on I City Clerk Please provide the name of a lieutenant that you would be interested In should a vacancy become available in your section. Thanks, Assistant Chief Cherise G. Gause Administration Division Miami Police Department 400 NW 2nd Ave., Miami, FL 33128 05)603-6130 itter: @CGauseMPD mstagram: @achiefgausempd Outlook for iOS 4 Letter to Staff Submitted into the public record f i itgm(s) r��, b on / City Clerk I have worked in this department for 25 years and have seen a lot of racism, sexism and unjust behavior. And, I have been a victim of all of it. However, how I have decided to handle it was to work harder, play by the rules to prove that I can do the job and do it well despite the obstacles. But what I received in return was more obstacles and more sinister levels of undermining. I suspect all of you have heard the rumors and some of you have firsthand knowledge of this. So now, I will utilize the process in place for employees who are subjected to a Hostile Work Environment. I plan to retire on April 14, 2025. Everyday until then, I will fight to ensure it's not a hostile experience. Concerning the MCPBA, I hope everyone does not make this about my husband or Sgt. Jean-Poix because it's really about all our leadership. Leadership is about solving problems. If someone brings one to your attention and you chose not to do anything to address it. You can't be upset if he/she seeks other avenues to address it. Colin Powell says: "The day soldiers stop bringing you their problems is the day you have stopped leading them." They have either lost confidence that you can help them or concluded that you do not care. Either case is a failure of leadership. I want to be very clear- I am proud of Lt. Ramon Carr as a God-fearing man, a father, my husband and as an advocate for those who are afraid to fight for themselves. That takes courage to know you will face ridicule, retaliation and unfettered hate and still fight. As Vice President of an organization, his constituents pay dues every month. So, when they have a concern, they can express it to the organization which has duty to address it. If anyone has any questions, if will speak with you individually to address them. A, uilar Jr., Armando (Major) Hyppolite, Asseline Sent: Friday, November 1, 2019 11:41 AM To: Aguilar Jr., Armando (Major) Subject: FW: Follow up FYI From: Carr, Dana (Major) Sent: Monday, October 21, 2019 5:50 PM To: Hyppolite, Asseline <AHyppolite@miamigov.com> Subject: Re: Follow up Good afternoon Mrs. Hyppolite, Submitted into the publiR record or it m(s) j on /i l it City Clerk All is well and I pray the same for you. Internal Affairs is investigating my case. I have provided a statement and supporting documentation. Thank you for the follow up. Best regards, D. Carr Sent front my Sprint Samsung Galaxy S9. 1 Carr, Dana (Capt) Submitted into the public record f r item(s) ,cjQ , b on / City Clerk ern: Carr, Dana (Major) .gent: Thursday, January 2, 2020 11:28 AM To: Hyppolite, Asseline Subject: Accepted: Meeting 1 Submitted into the pubiicnn record fpr ite (s) 3i e on '� / 1� ham. City Clerk Carr, Dana (Capt) ubject: Meeting ation: MRC - Suite 642 Start: End: Tue 1/7/2020 2:00 PM Tue 1/7/2020 3:00 PM Recurrence: (none) Meeting Status: Accepted Organizer: Hyppolite, Asseline Required Attendees: Carr, Dana (Major) 1 Submitted into the public record f r ite (s) rjp on City Clerk Dana Carr Sergeant Stanley Jean-Poix's discipline Submitted into the pubic record f r ite (s) b on 1 ' City Clerk Assistant Chief Cherise Gause gave a direct order to Major Dana Carr and Lt. Claudia Claude to write disciple on Sgt. Stanley Jean-Poix. Major Dana Carr felt the discipline was unwarranted a retaliatory for the Miami Community Police Benevolent Association's (MCPBA) Vote of No Confidence of Chief Jorge Colina. Sgt. Jean-Poix is the President of the MCPBA. 1. A record of formal counseling ordered written by Assistant Chief Cherise Gause on Sgt. Jean-Poix for Officer Mark Harris entering the Property Unit for 40 seconds and not signing the log. Officer Marc Harris came to the Property Unit for FOP representation. 2. Sgt. Stanley Jean-Poix's DDRB Disciplinary Profile. It shows his course of conduct before Assistant Chief Gause began ordering retaliatory discipline. 3. A record of formal counseling ordered written by Assistant Chief Cherise Gause in December 2019 Sgt. Stanley Jean-Poix for enforcing no parking areas within the police compound on November 13, 2019. Sgt. Jean-Poix wrote per "Chief Gause" on the parking sticker. The Administration Division is responsible for enforcing parking. At the time the incident occurred on November 13, Asst. Chief Gause advised me to counsel Sgt. Jean-Poix about her using her name. I counseled Sgt. Jean-Poix and advised him to use his name in the future. Nearly a month later, Asst. Chief Gause called Lt. Claude and me to her office. She advised she felt the incident needed to written discipline. Lt. Claude wrote a record of formal counseling. This order came after the record of formal counseling for Officer Mark Harris entering the property Unit was finalized. 4. An email written by Sgt. Yaosca Vanegas advising Lt. Claude to resubmit the record of formal counseling as a reprimand. 5. A copy of Sgt. Jean-Poix's reprimand for parking written for approval. 6. An email from Major Dana Carr requesting to meet with Deputy Chief Ronald Papier regarding Asst. Chief Gause's order to write Sgt. Jean-Poix a reprimand. Assistant Chief Gause advised me to have Lt. Claude proceed with writing the discipline. Deputy Chief Papier denied the request to meet with me. 7. A memo from Major Dana Carr to Chief Jorge Colina requesting to meet with him regarding Sgt. Jean-Poix's discipline. 1 Dana Carr Submitted into the public record fpr ite (s) 3Y. 6 r1 7 on 1 / .0 . City Clerk 8. An email from Lt. Claudia Claude written to Major Antonio Diaz requesting for him to assist with advising his detectives to park properly. Lt. Claude cited Asst. Chief Gause's order to have improperly parked cars stickered. 9. A copy of the Parking Enforcement Departmental Order. 2 Labor Relations reviewed 12/10/2019 ',' , City Of Miami Police Department t;, ,,.i...,i,,,., v) ,�7.,.,„4., RECORD OF FORMAL COUNSELING Employee Name: Stanley Jean-Poix Employee P.I.N.: 3486 Assignment (Include: Div./Sect./Unit/Detail): Property and Evidence Unit - Confiscations PERFORMANCE OR CONDUCT CITED 0 Attendance ❑ Lateness/Early Quit ❑ Rudeness to Employee/Citizens ❑ Unsatisfactory Performance 0 ■ • D Carelessness Failure to Follow Instructions Damage to Material/Equipment Violation of MPD Policies or Procedures ■ ■ ■ ■ Insubordination Safety Violation Working on Personal Matters Other SUPERVISOR'S STATEMENT Date of Incident: October 31, 2019 Time: 0916 Location of Incident: Property and Evidence Unit 400 NW 2 Ave Miami, FL 33128 On October 31, 2019 at approximately 0916 hours, Chief Cherise Gause #2302 observed Officer Mark Harris #42781 enter the Property and Evidence Unit. An investigation revealed that Officer Harris entered the Property Unit to speak to Sergeant Stanley Jean-Poix #3486 regarding FOP Representation. According to video, Officer Harris was present in the front door area of the Property Unit for approximately forty (40) seconds before exiting (Timestamp: 09.16.50 through 09.17.30). During that time, Officer Harris did not sign the Visitor log. Sergeant Jean-Poix did not ensure Officer Harris signed the log. CORRECTIVE ACTION TO BE TAKEN Sergeant Jean-Poix will adhere to the Policies and Procedures of the City of Miami Police Department. POSSIBLE CONSEQUENCES SHOULD INCIDENT OCCUR AGAIN Progressive discipline is recommended if additional violations occur. ❑ I Agree with Supervisor's Statement Disagree with Supervisor's Statement ❑ I have submitted an addendum Li' I have NOT submitted an addendum I have read this Record of Formal Counseling and understand it. 574114Xy (7-4941- Parre 8. % so . j00, Print Norte (Employee) Sign PIN Date Major Dana Carr Icl7649 12/11/19 Prim Name Sign PIN Dade (Supervisor Who Issued Counseling Notice) Sergeant • Major IV;(M Lieutenant Division Chi �I `ije / 2S& t Z.' 1 ZI l) ptain Deputy Chief i Commander Distribution by Disciplinary Detail: Original to Personnel Unit- Final signed copies to; Author, Internal Affairs, Employee's UnitlSection File 7 MPD-RF 805 ( Labor Relations Unit ) Rev 0510412018 Record of Formal Counseling (Continuation): Employee's name Sergeant Stanley Jean-Poix #3486 2 of 2 Submitted into the public A. record t r itegq(s ��` on ) I 1 r (� , ' City Clerk I find Sergeant Stanley Jean-Poix's actions in violation of the following Miami Police Departmental ' Order: Departmental Order 14, Chapter 3 Property Unit 3.4.1.1 Record of Persons Entering the Property Unit. No one shall enter the Property Unit without the express approval of the Commander of the Property Unit or designated representative. A sign -in log shall be maintained by the Property Unit to be completed by all employees, sworn and civilian, that enter. They will indicate their name, IBM number, time, and reason for entry. Visitors, other than City employees, shall provide the log with their official title, name, and address, in addition to the other required information. I recommend Sergeant Stanley Jean-Poix receive this Record of Formal Counseling and that it becomes part of his personnel file. Sergeant Jean-Poix was advised that any future similar violation, will result in progressive disciplinary action. AIQ NO1.L �' ; .ifIAIGV J2IHD INVIS; cSy 6NOZtt33n Addendum Submitted by Asst. Chief C. Gause: It should be noted that Property and Evidence Section houses sensitive criminal evidence and for the integrity of such evidence, security control must be monitored at all times. Standard Operating Procedure 2, Section 1 states that "Only out of necessity, or during an emergency, will persons other that property and Evidence Management Section 'personnel be allowed to enter. Those persons allowed to enter the Property and Evidence Management Section must be accompanied by personnel assigned to the section and must complete and sign the Visitor Entry Log". Therefore, unauthorized personnel should not meet in this area for any purpose, including FOP representation. On October 29, 2019, I met with Major Carr regarding security control in the Property and Evidence Section, after I observed Lt. Ramon Carr #0855 in the Property Unit area. I directed her to ensure the policy pertaining to security control in both the Departmental Orders and Standard Operating Procedures regarding persons entering the Property Unit was adhered to. In an email dated October 30, 2019, Major D. Carr informed me that Lt. Claude, Sgt. Jean-Poix, and Sgt. Moreno had been advised that anyone who enters the Property Unit, including Lt. Ramon Carr, must sign the visitor log and list their reason for visiting. In response to her email, I again advised her that security controls must be maintained as referenced as per policy. (See Attached email) Sgt. Jean-Poix disregarded the directive as given by Major Carr, by allowing both Lt. Ramon Carr and Officer Marc Harris access to the Property Unit after being directed not to do so. LAST NAME: Jean-Poix FIRST NAME: Stanley IBM: 3486 Submitted into the public record fpr ite%(s) .)g; 6 on k 11/ City Clerk DDRB DISCIPLINARY PROFILE Printed on : Wednesday, November 27, 2019 2:01:09 PM DATE of INCIDENT: Discipline: CHARGES: Status: 3/31/2004 RFC Attendance (Court) Signed by DC. Filed SUMMARY: Failed to Attend Depo- First court incident In 12 months- Record of Formal Counseling only DATE of INCIDENT: Discipline: CHARGES: Status: 8/11/2006 RFC Failed to Obey Orders Signed by DC. Closed 9/20/2006. SUMMARY: On August 3, 2006, all PST members of Model City were advised their duty hours on Fridays were changed to 1700 - 0300. On Friday, August 11, 2006, Officer Jean-Poix clocked into KRONOS at 1428 hours without permission - RFC DATE of INCIDENT: Discipline: CHARGES: Status: 1/18/2008 RFC Attendance (Court) Signed by Division Chief 4/22/2008 SUMMARY: The State Attorney's Office entered a subpoena for a pre -file conference in the computer processing system and Officer Jean-Poix failed to attend - RFC DATE of INCIDENT: Discipline: CHARGES: Status: 6/17/2008 Reprimand Attendance (Court) Chief of Police signature 1-16-09 SUMMARY: Failed to Self -Serve subpoena; Failed to attend a Public Defender Deposition - Reprimand (DDRB #08-242) LAST NAME; Jean-Poix. FIRST NAME: Stanley IBM: 3486 Submitted into the public record f r ite (s) on _ City Clerk DDRB DISCIPLINARY PROFILE Printed on : Wednesday, November 27, 2019 2:01:10 PM DATE of INCIDENT: Discipline: CHARGES: Status: 7/15/2008 SUMMARY: Reprimand + 10 hrs Notice of Failure to Attend Signed by Chief of Police 3-9-09 Officer failed to attend a hearing at the FDLE headquarters pursuant to a subpoena that was issued by the State Attorney's Office - Reprimand with 10 hour Suspension (DDRB #08-293) DATE of INCIDENT: Discipline: CHARGES: Status: 10/9/2008 Reprimand Preventable Crash Chief of Police signature 4-23-09. (Operator Accountable) SUMMARY: 1st Preventable Crash Reprimand DDRB #09-066. SuLbmitted into the public record fpr item(s) rtet, City Of Miami ., c,,i, -,,. RECORD OF FORMAL VIA ' t i i A j L.,1ty VlVlll Police Department COUNSELING Itmployee Name: Sergeant Stanley Jean-Poix Employee P.I.N.: 3486 Assignment (Include: Div. / Sect. / Unit /D l): Administration / Property and Evidence Management Section PERFORMANCE OR CONDUCT CITED ■ Attendance ■ Carelessness Follow Instructions Material/Equipment MPD Policies or Procedures • Insubordination ■ Lateness/Early Quit • Failure to ■ Safety Violation ■ Rudeness to Employee/Citizens • Damage to ■ Working on Personal Matters • Unsatisfactory Performance 0 Violation of ■ Other SUPERVISOR'S STATEMENT Date of Incident: 11/13/2019 Time: 0800 Hours Location of Incident: Central District Station Assistant Chief Gause stated that on November 13, 2019, she observed several unmarked vehicles parked outside of the Property Unit with parking violation stickers affixed to the driver's side window. The stickers were placed on the vehicles by Sergeant Jean-Poix and he indicated that they were placed on the vehicles per Assistant Chief Gause. Chief Gause stated that she did not issue a directive to anyone to place violation notices on any vehicles, nor did she give Sgt. Jean-Poix permission to use her name as the authorizer of the parking violations. CORRECTIVE ACTION TO BE TAKEN In the future, Sergeant Jean-Poix will obtain the chiefs expressed authority prior to using her name on any document. POSSIBLE CONSEQUENCES SHOULD INCIDENT OCCUR AGAIN Should this incident occur again, Sergeant Jean-Poix will receive a written reprimand. ❑ I Agree with Supervisor's Statement ❑ I Disagree with Supervisor's Statement ❑ I have submitted an addendum ❑ I have NOT submitted an addendum I have read this Record of Formal Counseling and understand it. Sergeant Stanley Jean-Poix 3486 12/16/2019 Print Name (Employee) Sign PIN Dale Lieutenant Claudia Claude 1070 12/16/2019 Print Nwne (Supervisor Who Issued Counseling Notice) SignPIN Dale Sergeant Major Lieutenant Division Chief aptain Deputy Chief Commander Distribution by Disciplinary Detail: Original to Personnel Unit- Final signed copies to; Author, Internal Affairs, Employee's Unit/Section File MPD-RF 805 (Labor Relations Unit ) CALEA: 26.1 Rev 11/15 Carr, Dana (Capt) Submitted into the public record f r ite s — Ji on City Clerk om: Vanegas, Yaosca ent: Wednesday, December 18, 2019 4:20 PM To: Claude, Claudia Cc: Redondo, Marc; Carr, Dana (Major); Gause, Cherise (Assistant Chief); Farmer, Esther (Major) Subject: FW: Sgt. Jean Poix RFC Attachments: Reprimand (Rev 05-04-2018).docx Good afternoon, Please resubmit the discipline on a reprimand as it will be progressive discipline. Attached find the revised template. Thank you, Sgt. Vanegas From: Vanegas, Yaosca Sent: Wednesday, December 18, 2019 12:31 PM To: Claude, Claudia <1070@miami-police.org> lirbject: RE: Sgt. Jean Poix RFC Good afternoon Ma'am, Discipline is under review. Thank you, Sgt. Vanegas From: Claude, Claudia <1070@miami-police:org> Sent: Tuesday, December 17, 2019 2:58 PM To: Vanegas, Yaosca <27429@ miami-police.org> Cc: Carr, Dana (Major) <7649@miami-police.org>; Gause, Cherise (Assistant Chief) <2302@miami-police.org> Subject: Sgt. Jean Poix RFC Sgt. Vanegas, Please review. Lt. Claude 1 Submitted into the public record fpr item(s) 594 b on I i11 i tO . City Clerk City of Miami Police Department REPRIMAND Employee: Stanley Jean-Poix P.I.N. 3486 Classification: Police Sergeant Assignment: Property and Evidence Mgmt NARRATIVE: (If more space is needed, use additional pages) Assistant Chief Gause stated that on November 13, 2019, she observed several unmarked vehicles parked outside of the Property Unit with parking violation stickers affixed to the driver's side window. The stickers were placed on the vehicles by Sergeant Jean-Poix and he indicated that they were placed on the vehicles per Assistant Chief Gause. Chief Gause stated that she did not issue a directive to anyone to place violation notices on any vehicles, nor did she give Sgt. Jean-Poix permission to use her name as the authorizer of the parking violations. Page 1 of 2 Distribution: Authored by: Sergeant / Supervisor: Lieutenant: Captain: Commander: Major: Assistant Chief: Deputy Chief of Police: Chief of Police: SIGN P.LN. DATE Disciplinary Detail Employee Police Personnel File Internal Affairs Employee Relations (Original) Civil Service (if applicable) Employee MUST initial his/her choice for each statement below. 1) I AGREE 2) I AGREE or I DISAGREE or I DISAGREE WITH THE FACTS AS STATED. WITH THE RECOMMENDED PENALTY. DDRB HEARING REQUEST (SWORN ONLY)- To request a Departmental Disciplinary Review Board (DDRB) hearing, you %kr must submit a written request to the Labor Relations Unit Commander within 10 working days from the date this document is received and signed. Failure to do so will constitute a waiver of this entitlement. Employee Signature: P.I.N.: DATE: Submitted into the public re ord�f r itefn(s) F)Q, 6 City Clerk REPRIMAND (Continuation) Page2 of 2 Employee: Sergeant Stanley Jean-Poix IBM 3486 Sergeant Jean-Poix acted improperly in using Assistant Chief Gause's name instead of his own name on the parking violations without her expressed authority. I find his actions are in violation of Departmental Order 1.11.6.41.4 Rules and Regulations Members to Sign Reports: It is imperative that members signing any communication in connection with their police duties do so by legibly signing their last name and P.I.N. number. I recommend Sergeant Stanley Jean-Poix receive this reprimand and that it becomes part of his personnel file. Sergeant Jean-Poix was advised that any future similar violation will result in progressive disciplinary action. MPD RF37 Rev. 0510412018 Carr, Dana (Major) Submitted into the public record ord r iteynl(s) `)Q b �� City Clerk om: ent: To: Cc: Subject: Good Evening Major Carr, Gause, Cherise (Assistant Chief) Wednesday, December 18, 2019 5:20 PM Carr, Dana (Major) Claude, Claudia Re: Request to speak with Deputy Chief Papier I discussed your request with Deputy Chief Papier. He does not feel that there is a need to meet regarding this matter and is in agreement with Sgt. Jean-Poix receiving discipline. He stated that if you would like, you can share your concern via redline memo through the chain of command. Thank you, Assistant Chief Cherise G. Gause Administration Division Miami Police Department 400 NW 2nd Ave., Miami, FL 33128 (305) 603-6130 _flitter: @CGauseMPD nstagram: @achiefgausempd Outlook for iOS From: Carr, Dana (Major) <7649@miami-police.org> Sent: Wednesday, December 18, 2019 5:08 PM To: Gause, Cherise (Assistant Chief) Cc: Claude, Claudia Subject: RE: Request to speak with Deputy Chief Papier Good afternoon Chief, I am following up to ascertain if my request to speak with Chief Papier is granted? Thank you. D. Carr From: Carr, Dana (Major) Sent: Tuesday, December 17, 2019 10:07 AM To: Gause, Cherise (Assistant Chief) <2302@miami-police.org> Cc: Claude, Claudia <1070@miami-police.org> Subject: RE: Request to speak with Deputy Chief Papier •ood morning Chief, Will do. 1 Submitted into the public record fqr ite(s) b D. Carr From: Gause, Cherise (Assistant Chief) <2302t miami-police.org> •nt: Tuesday, December 17, 2019 9:55 AM To: Carr, Dana (Major) <7649Camiami-police.org> Cc: Claude, Claudia <1070@miami-police.org> Subject: RE: Request to speak with Deputy Chief Papier Good Morning Major Carr, on City Clerk I am in receipt of your email and will advise if your request is granted. As discussed in our meeting on yesterday, have Lt. Claude move forward with the discipline as previously directed on December 10, 2019 and submit by tomorrow. AC Gause From: Carr, Dana (Major) <7649t miami-police.org> Sent: Monday, December 16, 2019 2:33 PM To: Gause, Cherise (Assistant Chief) <2302@miami-police.org> Subject: Request to speak with Deputy Chief Papier Good afternoon Chief, I am respectfully requesting to speak with Deputy Chief Papier reference the discipline for Sgt. Stanley Jean- Poix regarding using your authority to enforce the no parking areas in the police compound. Thank you for our attention to this matter. 4 .Carr 2 TO : FROM : Jorge Colina Chief of Police (Through Channels) Dana Carr Section Commander Property and Evidence Management Section CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Submitted into the public record f r ite s) P t on City Clerk DATE ' December 20, 2019 FILE SUBJECT : Request for Meeting- Discipline for Sgt. Stanley Jean-Poix REFERENCES: ENCLOSURES: Assistant Chief Gause instructed Lt. Claudia Claude to write discipline for Sgt. Stanley Jean-Poix which I believe is unwarranted. I requested a meeting with Deputy Chief Papier to discuss my concerns. It was denied. Therefore, I am respectfully requesting a meeting with you to discuss my concerns. Thank you for your attention to this matter. DC:dc ECElVE DEC 2 0 201e fat ASSISTANT CHIEF ADMINISTRATION DIV Carr, Dana (Major) Submitted into the public record fir ite (s) ..Sc' , 6 on \ / 11 / 10 . City Clerk To: Cc: Subject: Claude, Claudia Wednesday, November 6, 2019 10:01 AM Diaz, Antonio (Major) Carr, Dana (Major) Request for your assistance Good Morning Major Diaz, Hope this email finds you well. 1 am sending you this message to request your assistance on an urgent matter. We have noticed that many of the detectives have been parking beneath the ramp at Central Station near the Property Unit area. This area is reserved for the property courier and the property specialists as the space is needed to load and unload items onto the property trucks and vehicles to transport items to the lab and other off site locations. It is also important for us to keep this area clear for station deliveries as stopping and unloading in other areas create heavy congestion and disorder in the parking lot. We are currently in the process of creating no parking signs for these no parking zones, and the administration chief has already ordered illegally parked vehicles to be stickered and towed. In the meantime, I would greatly appreciate your assistance in informing the members of the Criminal Investigation Section to not park in these designated areas. �ncere ly, 4ueateoaat C ! &etude City of Miami Police Department Property and Evidence Unit (305)603-6457 1 Submitted into the publi record cor it m(s) on p f . City Clerk Patrol Departmental Order 11 Chapter 15 PARKING ENFORCEMENT Section 15.1 Policy 15.2 Organization 15.3 Responsibilities 15.4 Procedures 15.5 Employee Parking 15.1 POLICY: Street parking within the corporate limits of the City of Miami is restricted in various areas to insure fair access to parking and to expedite the flow of traffic. All existing parking regulations shall be reasonably and impartially enforced in all areas of the City. 15.2 ORGANIZATION: The enforcement of street parking is primarily the responsibility of the Field Operations Division. 15.3 RESPONSIBILITIES: The objective of parking enforcement is to minimize traffic flow delays that result from vehicles being parked in restricted areas. The enforcement of parking violations is mostly accomplished during normal workdays in the business and commercial districts of the jurisdiction. The enforcement of street parking violations is performed by uniformed members of the Police Department. 15.4 PROCEDURES: 15.4.1 Parking Meter Enforcement: On -street parking meters are in effect from 0700-1800 hours except Sundays, unless otherwise posted. Off-street parking meters shall be enforced as designated by posted signs in individual lots. Exceptions include the parking meters in the inner lanes of Biscayne Boulevard and at each end of Bayfront Park, which shall be enforced from 0700 to 2200 hours. 15.4.2 Parking Courtesies Extended To Working Members of the Media: Immunity is granted to members of the media while on assignment and covering emergency situations such as fires, significant police actions, or major disasters. Valid identification are those credentials, which satisfy the officer that the representative is indeed a member of the working press. 15.4.2.1 This immunity includes restricted parking areas such as loading zones, etc.; however, it does not extend to blocking traffic or emergency access routes. 15.4.2.2 In those instances where the media desires to position special apparatus to facilitate immediate and complete coverage of an incident, the on -scene commander or his designee will indicate an appropriate location. 15.4.2.3 Members of the media who are covering events of a routine and pre -scheduled nature such as commission meetings, court hearings, trials, speeches, V.I.P. appearances, etc. will not receive immunity from parking regulations. 08/13 Submitted into the public record or it on City Clerk Departmental Order 11 Chapter 15 15.4.3 Overtime Parking By Consular Vehicles: Vehicles with Consular Corps and Honorary Consular Corps license tags are exempt from violations for overtime meter parking only. All other parking and moving violations will be enforced by City of Miami Police officers by using discretion based on the nature of the violation and the individual circumstances present. 15.4.4 Double Parking By Waste Division: Members of the Department of Police are instructed to permit double parking by Waste Department vehicles while engaged in regular pick-up duties throughout the City. 15.4.4.1 Vehicles of the Sanitation inspectors from the Department of Solid Waste will be allowed to park in loading zones in the downtown area when they are actually working. These vehicles will be identified by a sign stating "Solid Waste - City of Miami Official Business." 15.4.5 Parking of Departmental Vehicles on Official Business: City employees who park vehicles while on official City business are subject to all parking restrictions that are applicable to the general public. This includes attendance at all courts. Departmental employees are responsible for payment of parking tickets; however, in the event an employee receives a parking ticket for overtime parking because the employee's job prevents him/her from meeting the requirements of the law, a request for dismissal of parking complaint, R.F. #137, may be submitted. 15.4.6 Request for Dismissal of Parking Complaints - Form R.F. #137: Police Department employees receiving parking violations in City vehicles while conducting official City business are required to fill out R.F. #137 and submit the same to their supervisors for approval. A copy of the form shall be sent to the City Manager, through channels, and the original shall be forwarded to the Traffic Court. 15.4.7 Parking of Marked Police Vehicles at Metro Justice Building: All police personnel will obey all parking regulations in the Metro Justice Building parking area except that marked vehicles may use any metered parking spaces in the area without putting money in the meter. 15.4.8 RESERVED 15.5 Employee Parking: Posted signs regulate parking in the Miami Police Department parking garages. Parking is provided for employees of the Miami Police Department. Employees who violate parking restriction will be subject to disciplinary action. Penalties for the parking related violation shall be as follows: 1st occurrence a record of formal counseling will be written. 2nd occurrence a reprimand will be written. 3ro occurrence a reprimand with a 10-hour forfeiture. 4th occurrence a reprimand with a 40-hour forfeiture. 5th occurrence a reprimand with a 80-hour forfeiture. 6th occurrence a reprimand with a 120-hour forfeiture. 15.5.1 All employees shall hang a parking permit on their front rearview mirror. The permits are available in the Personnel Unit. No vehicle will be parked in the garage over a 24-hour period without 08/13 Submitted into the public, record fpr i e n(s) �$ b on V ! 7 . City Clerk Departmental Order 11 Chapter 15 approval of the employee's commanding officer. Marked and unmarked City vehicles must park on level °G° or higher. 15.5.1.1 All parking slots under the expressway, between 4th and 5th streets, are reserved for special purpose vehicles only. 15.5.1.2 The Downtown N.E.T. Service Area has the overall responsibility for enforcement of parking and traffic control in the complex and around the building. 15.5.1.3 Parking of any unattended vehicles at transfer point is prohibited. Parking on the ramp is reserved for officers with detainees only, and should not exceed one hour. 15.5.1.4 Parking on N.W. 5th Street is permitted for all on -duty police vehicles. 15.5.1.5 It is the responsibility of the dministrationDivis�io 1 to assign parking slots in the complex and under the expressway. Any changes wi e pu ishe in the Official Bulletin. 15.5.1.6 Commanding officers will have the responsibility for controlling the parking of vehicles assigned to their section or unit, within the guidelines published by the Administration Division. 08/13 Submitted into the public record f9r i���s) SV, on 1 / ) 1 O City Clerk Dana Carr Disparate Treatment: Submitted into the public record fpr it (s) r� on City Clerk Latin Males allowed to major critical decisions in my Section without my knowledge: Captain Javier Ortiz was allowed to order $495,000 worth of vehicles without my knowledge and with the authority of Deputy Chief Ronald Papier. Major Umset Ramos was allowed to transfer funds from my Section's budget to purchase items for his Section without my knowledge and with the authority of Deputy Chief Ronald Papier. Note: I met with Deputy Chief Papier and Assistant Chief Morales to advise them I felt that this was occurring because I was a black female and I wanted the behavior to stop. Deputy Chief Ronald Papier contacted my subordinates directly to circumvent me while I was at work and to have them draft Assistant Chief Dennis Jackson's retirement papers so they could blindside him. One of the memo's in the package is written from me to Annie Perez, the Director of Procurement. Male Majors who were not investigated for issues in their Sections: a. Lt. Manuel Abreu, Latin male submitted a false red -line memo through channels in the Bum case. No investigation was IA investigation was initiated on LM Major Eric Gonzalez by Internal Affairs. Also, I complained about my Florida State Statute 112 rights were violated which is a criminal violation. No Internal Affairs investigation was initiated on LM Major Jesus lbalmea, LM Captain Rolando Padron, LM Lt. Oriel Tameron and LM Sgt. Ihosvani Cuervo. At minimum, a finding of improper procedure should be given to the supervisor who assigned Sgt. Cuervo to my Internal Affairs case. b. Lt. Andres Valdes violated the overtime policy so egregiously that a crime has possible been committed. WM Major Tommy Carroll and LM Commander Jose L Fernandez were not investigated by Internal Affairs. (Chiefs of Police are covering up potential crimes by the manner in which they wrote the reprimand) c. Officer Miguel Canario worked overtime on FMLA and violated the overtime policy. LM Major Frank Fernandez was not investigated by Internal Affairs. d. Off Duty Scandal involving overtime abuses by Captain Javier Ortiz. LM Major Eric Gonzalez is not investigated by Internal Affairs. e. Three homicide suspects were un-arrested due to an unchecked alibi. Major LM Eric Gonzalez was not investigated by Internal Affairs. f. Immigration attorneys accused the City of Miami Criminal investigators of intentionally not signing U-Visa documentation for eligible immigrants who were victims of crimes and cooperated with the investigation. Major LM Eric Gonzalez was not investigated by Internal Affairs. g. LM Major Jesus lbalmea commanded the Internal Affairs Division in which cases hundreds of cases routinely went past the 180-day threshold. The 180-day threshold is the time frame the Internal Affairs investigation to be completed to be able to issue discipline to an officer. He was not investigated by Internal Affairs. Submitted into the public record f9r ite s) 5 Q b on \ / f City Clerk Carr, Dana (Major) !if. D�z �a�. o � To: Subject Good morning Major Carr, As requested, John F. Babos Jr. Fleet Superintendent City of Miami General Services Administration Fleet Management Division 1390 N.W. 20th Street Miami, FL 33.142 Off 305-329-4874 Fax 305-400-5308 ibabos@mlamigov.com m: Ortiz, Javier Sent: Monday, February 26, 2018 6:19 PM To: Babos, John Jr. <BBabos@miamigov.com> Cc: Papier, Ronald <5475@miami-police.org> Subject: Request for purchase of Vehicles Babos, John Jr. Tuesday, February 27, 2018 11:33 AM Carr, Dana (Major) FW: Request for purchase of Vehicles John - Chief Papier has made this request: From the $495000, please order 7 black Tahoes (with lights and sirens unmarked) and one F250 truck as we had recommended to be issued to me. The rest of the funding is to purchase Ford taurus police interceptor packages. Please ensure that the Black Tahoes and the F250 truck have regular plates. Thank you, Captain Ortiz Get Outlook for iOS i Carr, Dana (Ma'or) Som: .sent: To: Cc: Subject: Attachments: Good Afternoon Major Carr, Jodar, Ariadna Wednesday, May 30, 2018 3:05 PM Carr, Dana (Major) Ramos, Um (Major); Louissaint, Bertine Transfer to purchase ammo Transfer.pdf Submitted into the public record fqr iter s on 1 ! f l ! . City Clerk For your information. I received this transfer from Major Ramos for $18,223.08 to complete the purchase request for ammo. Thank you, AriJodar Administrative Aide I udget Unit 305-603-6186 • 305-579-6634 E-Mail: ariadna.jodar@miami-police org 1 Submitted into the public record f rite (s) on City Clerk MIAMI POLICE DEPARTMENT BUDGET LINE ITEM TRANSFER REQUEST FORM FROM: General Fund LINE BUDGET BUDGET ITEM MINOR UNIT BEFORE TRANSFER AFTER NO. OBJ. DIVISION UNIT DESCRIPTION QTY. PRICE TRANSFER AMOUNT TRANSFER 1551 552100 ADMIN PROPERTY OP Safety Supplies — eo1I/5/g .44/6 1 $18,223.08 $229,595.00 $18,223.08 $211,371.92 TO: General Fund al MINOR NO. OBJ. DIVISION UNIT DESCRIPTION QTY. UNIT PRICE BUDGET BEFORE TRANSFER TRANSFER AMOUNT BUDGET AFTER TRANSFER 630 667000 ADMIN TRNG OP. Supl. Ammunition 1 $18,223.08 -$18,223.08 $18,223.08 $0.00 JUSTIFICATION: This transfer is needed to fund the cost of extra Staff Duty Ammo Requesting Section Commander's Signature ,-Az , Revised 10/2009 Date 5I30IIrt Carr, Dana (Major) Submitted into the public record � for ite (s) on ! ej City Clerk 410. Ramos, Um (Major) -Sent: Thursday, May 31, 2018 11:04 AM To: Jodar, Ariadna; Hendrickson, Rachel; Carr, Dana (Major) Subject: Fwd: Transfer to purchase ammo Attachments: image002.png; ATT00001.htm; Transfer.pdf ATT00002.htm Ari, Good morning, per DC Papier, please cancel the transfer from the ballistic shield budget line. Thankful, Major Um Set Ramos Training Director Training & Personnel Development Section City of Miami Police Department (305) 603-6615 5893@miami-police.org Twitter: @UmSRamos bsite: www.miamipolicetrainingcenter.org "Committed to Excellence" Begin forwarded message: From: "Papier, Ronald (Deputy Chief)" <5475Pmiami-police.org> Date: May 31, 2018 at 10:40:24 AM EDT To: "Morales, Manuel (Asst. Chief)" <48860miami-police.org>, "Ramos, Um (Major)" <5893@miami- police.org>, "Jackson II, Dennis (Assistant Chief)" <3362@miami-police.org>, "Louissaint, Bertine" <Bertine.Louissaint@miami-police.org> Subject: Fwd: Transfer to purchase ammo I rather not transfer any of the ballistic money until we complete all ballistic purchases. We have other options and will be able to purchase all the necessary ammunition current fiscal year. Ronald L. Papier Deputy Chief of Police City of Miami Police Department 400 NW 2nd Ave, Miami, FL 33128 Office (305) 603-6400 From: Ramos, Um (Major) <5893@miami-police.org> Sent: Wednesday, May 30, 2018 2:53 PM Subject: Fwd: Transfer to purchase ammo To: Jackson II, Dennis (Assistant Chief) <3362@ miami-police.org> Cc: Morales, Manuel (Asst. Chief) <4886c miami-police.org>, Papier, Ronald (Deputy Chief) 1 eln4. mum, C- u.,as at CITY Of MINA!, FLORID/1 tt, Annie Perez, CPPO Director Procurement Department (Through Channels) 6WT R-OFFICE MEMORANDuan a-44 TiiiS a._ Cops(atm relczkc ,..7.nn vtr Major Dana Carr Commander Property & Evidence Management Section DATE: SI1BJECT : August 27, 2019 Request to Retain/Purchase Service Firearm REFERENCES : & CLOSUNES: Submitted into the public record fpr ite (s) C) , 6on . City Clerk Asst. Chief Dennis Jackson II #3362 requests to: [X Retain ❑ Purchase. The firearm issued to him by the City of Miami Police Department. For Purchase Only: A check in the amount of $0.00 is enclosed and represents the replacement cost to the City of Miami. His date of entry was April 30, 1993 and his retirement day is September 30, 2019. Type of Retirement -Check One Rule of 64 ® Service/Incurred Disability ri The service firearm in question is a: Glock 27-40 Serial Number: 0007MPD. This firearm was placed into service on:March 15, 2012. Major of Internal Affairs: APPROVED fl DISAPPROVED n Date: Signature Chief of Police APPROVED n DISAPPROVED ❑ Date: Signature Chief Procurement Officer: APPROVED n DISAPPROVED U Date: Signature DC: nc c: Personnel Submitted into the public record �fgr�ite (s) }�� , t, on // City Clerk .Notice and Hold Harmless Indemnification Aoreement You are hereby notified that possession of a large capacity ammunition feeding device by someone other than 2 law enforcement officer employed by 2 law enforcement agency or by a retired law enforcement officer when the device was given by the employing agency upon retirement, is a violation of 18 U.S.C. 922. You are expressly prohibited from. transferring the Large capacity ammunition feeding device to someone other than a law -enforcement officer employed by a law enforcement agency of the United States, the State or of a political subdivision of the State. . In consideration for the release of the large capacity ammunition feeding device by the Cityof Miami to you, you hereby indemnify.and hold the City of Miarii harmless for and against all claims, demands and causes of action, whether at law or in equity, which you may have had, now have or hereafter may have against the City of Miami on account of the relea e of the large capacity ammunition feeding device, this: 27 day of % g/ 2a/9 . Retiree.-.. CITY OF tLlU;1!li, FLOFIID:\ !MTER-OF RCE MEMORANDUM Submitted into the public record f?r ite'(s) `) U on i / 1 City Clerk Jorge Colina Chief of Police (Through Channels) Dennis Jackson II #3362 Assistant Chief Miami Police Department DATE: SUPJECT: REFERENCES : ENCLOSURES: August 27, 2019 Request to Retain/Purchase Service Badge FttE. IXI request to retain the service badge issued to me by the City of Miami Police Department, rank at retirement is: Assistant Chief C I am also requesting to retain my previous rank(s) badge(s). Rank Requested: ❑ Officer Sergeant ❑ Lieutenant ❑ Captain Major Commander C Assistant Chief ❑ Chief ❑ Other My date of entry was April 30, 1993 and my retirement date is September 30, 2019. Type of Retirement — check one Rule of 64 Service/Incurred Disability ❑ For Purchase Only: A check in the amount of 0.00 is enclosed and represents the replacement cost to the City of Miami. Major of Internal Affairs: Signature Chief of Police APPROVED ❑ DISAPPROVED ❑ Date: APPROVED (l DISAPPROVED ❑ Date: Signature PROPERTY UNIT USE ONLY Amount Paid $, City Receipt Number: Payment Date: Finance Ticket Number: DJ:nc CITY Of (VIIJ\MI. FLOM:, 1M T EP-OFF10E M1MME 1i3ORANDU r: Submitted into the public record fir ite (s `h on j 1 f 1e,U i . City Clerk LnL1 1416 Deputy Chief (Through Channels) suc.JEc7 : Retirement Badge Order Lieutenant Kia Burrows Deputy Commander Quartermaster/Fleet Section DATE : August 27, 2019 Ei"CLOSURE3: Please confirm that the below listed employee is eligible to receive a retirement badge: HU : ©rme YTm loyee Retirement Badge :Approved,(Yes: Asst. Ch. Dennis Jackson II Chief Yes ❑ No ❑ Retiree: Name Issued by: Name IBM Date IBM Date If you have any questions or concerns, please contact Lt. Kia Burrows at (305) 603-6461. KB:nc aw T, City of Miami Submitted into the public DISPOSITION OF INVENTORY record f r itern(s) `)(), t) City Clerk REFERENCE: City of Miami Code Chapter 18, Article III, Section 18-82 INSTRUCTIONS: 1. The following explanations should be entered in the appropriate section: Condition of Property: Excellent, Good, Fair, Poor. Reason for Disposition: e.g., Error, Duplicate, Surplus, L 2. Prepare this form then call Procurement at 305-416-1913 1. Department:���� e' VA ' ' �d' Oe / D��(/ /��(�/(� 2. Division: I?_ hemj�%-/ /vr" 3. Contact Person: / �/9�ur130� [r �/ 4. Telephone No: /�V41/INSTRUCTIONpS: (pD3" FOR PROC Indicat Traded, Scrapped, Transi 5. ASSET NUMBER 6. ARTICLE DESCRIPTION 7' SERIAL NUMBER 8. CONDITION OF PROPERTY ' REASON FOR DISPOSITION ilobE �'/off z� VO (lul a . tfoezr iiefe614 0) d s3(v2 %D7�1,�� �'_d 93'- sib 10. FOR RECEIVING DEPARTMENT USE ONLY I I I I Received By Date Department Director/Designee Date Chief Procuremer Department/Division DS/PC 504 Rev. 10/17 Routing: White -Forward at four copies 10 Procurement: make photocopy for your file. Distribution: While - Finance (Accounting); Canary- Procurement; Pink- Department File; Goldenrod- Purchasing (Storekeeper). Carr, Dana (Capt) Submitted into the public record f r ite (s) 6 on % City Clerk To: Subject: Carr, Dana (Major) Friday, October 19, 2018 11:56 AM Abreu, Manuel RE: Equipment for Destruction No problem. I'm fine with the coordination with Officer Greene. Thanks. From: Abreu, Manuel Sent: Friday, October 19, 2018 10:47 AM To: Carr, Dana (Major) <7649@miami-police.org> Subject: RE: Equipment for Destruction Good morning Major, I still have all of the outlined equipment needed to be destroyed in SWAT's inventory. We are waiting for an equipment burn to be scheduled by the property unit to then submit the equipment. Sgt. Camilo has been in constant communication with Ofc. Green to ensure SWAT meets all necessary requirements for this equipment burn to take place. If we're able to submit our equipment prior to a scheduled equipment burn, please let me know. Should you have any additional questions please give me a call at 786-897-1118. Respectfully lieutenant Manuel Abreu Commander Special Threat Response Unit City of Miami Police Dept. 400 NW 2 Avenue Miami, FL. 33128 (305) 603-6555 0067@Miami-Police.Org From: Carr, Dana (Major) Sent: Friday, October 19, 2018 10:24 AM To: Abreu, Manuel <0067@miami-police.org> Subject: Equipment for Destruction Good morning Manny, I hope all is well. I received the red -line memo regarding equipment that you no longer need and wish to destroy. However, my personnel in Property and Quartermaster advise that they have not received the equipment. Can you advise who you gave this property to? Thanks. Best regards, 'D. Carr 1 TO : FROM INTER -OFFICE MEMORANDUM Major Dana Carr DATE : October 6, 2018 Commander Property and Evidence Management Section SUBJECT : Equipment Destruction gifp. Lieutenant Manuel Abreu REFERENCES Commander ENCLOSURES: on City Clerk Special Threat Response Unit/S.O.S. FILE: Submitted into the public record fpr itepn(s) The below listed items have been turned into property from S.W.A.T. for the upcoming equipment destruction. The following items in our inventory are no longer needed and/or no longer operable. The weapons listed are safe and are free of ammunition. In addition, the flash bang canisters are free of explosives and safe. Protech Ballistic shield — 0804INT 383 Protech Ballistic shield — 08041NT 382 Point blank level 4 ballistic plate - 090000682886 Point blank level 4 ballistic plate - 090000682894 Point blank level 4 ballistic plate - 090000682911 Point blank level 4 ballistic plate - 090000682893 Point blank level 4 ballistic plate - 090000682902 Point blank level 4 ballistic plate - 090000682901 Point blank level 4 ballistic plate — 090000682892 Point blank level 4 ballistic plate — 090000682912 Point blank level 4 ballistic plate — 090000682898 LTC level 4 ballistic plate - 438869 LTC level 4 ballistic plate — 546192 LTC level 4 ballistic plate — 438864 Tactical Armor Products plate- 06270004 Tactical Armor Products plate — No serial number Tactical Armor Products plate — No serial number Tactical Armor Products plate — No serial number Ceramic Protection Corp. Type 1I11200232114489 Ceramic Protection Corp. Type 1111200232114486 Ceramic Protection Corp. Type 11I1200232114484 Ceramic Protection Corp. Type M1200232114412 Ceramic ballistic plate- no serial number Submitted into the public record fqr ite s , on _ t / f V City Clerk City of Miami Police Department 19 131 REPRIMAND Employee: Andres Valdes P.I.N. 7330 Classification: Police Lieutenant Assignment: FOD/ SDSS/Coral Way NET NARRATIVE: (If more space is needed, use additional pages) A review of the Omni CRA overtime funds for fiscal year 2017/2018 revealed several discrepancies. The review revealed that the fund allocation was disproportionally distributed to supervisory personnel to include the Downtowr. Beat Lieutenant and the three (3) Downtown Beat Sergeants. Lieutenant Andres Valdes #7330 routinely worked shins that violated the 16 hours a day and accumulated weekly totals that eclipsed the 36 hours per week limit set forth in our policy. It should be noted that adequate supervisory presence is a sound strategy when conducting overtime details; however, this disproportional distribution allowed by Lt. Valdes / Jed to the supervisory personnel working hours in violation of Miami Police Departmental policy. In addition, the review revealed a subsequent violation involving overtime slip submittal. A breakdown of pay period overtime submissions revealed Lieutenant Valdes withheld 32 overtime slips for work performed as a Sergeant during the period of October through December 2017, which he then submitted during 3 different pay periods after he was promoted to a Lieutenant in Jan 2018. The late submittal of overtime slips allowed Lieutenant Valdes to receive unfair compensation as a Lieutenant for work performed as Sergeant. Distribution: Disciplinary Detail Employee Police Personnel File Internal Affairs Employee Relations (Original) Civil Service (if applicable) Authored by: Sergeant / Supervisor: Lieutenant: Captain: Commander: Major: Assistant Chief: Deputy Chief of Police: Chief of Police: Employee MUST initial hisiher choice for each statemert below. 1) I AGREE 2) I AGREE r or 1 DISAGREE I DISAGREE Page 1 of 4 SIGN P.I.N. WITH THE FACTS AS STATED. WITH THE RECOMMENDED PENALTY. DDRB HEARING REQUEST (SWORN ONLY)- To request a Departmental Disciplinary Review Board (DDRB) hearing, you must submit a written request to the Labor Relations Unit Commander within 10 working days from the date this document is received and signed Failure to do so will constitut ivpa-of this entitlement. / if? Employee Signature: P,i.N.: 93DATE: �/� Submitted into the p ublie record f r ite .(s) `)�'' $ 6 on 11 n �L . City Clerk REPRIMAND (Continuation) Page 2 of 3 Employee: Andres Valdes P.I.N. 7330 On the following w eeks. Lieutenant Valdes working excessive hours were as follows: 04'29-05:0518 0; '06 -05' 12 1 S 05'13'-05.19'18 05 '20 -05. 26 13 05.27 -06'02 IS 06.'03 -06'09. 13 06:17 -06.2 3'1 S 07:01 -07 0718 07.15 -0 7 '_' 1:1 8 0739-080413 (OS. 05 -08' 1 1, 13 0S. 19 -OS 25 18 0S 26-0901 18 09 09 -09 15. 18 a total 01.51 hours of Overtime a total of 59 hours of Overtime a total of 46 hours of Overtime a total of 62 hours of Overtime a total of 43 hours of Overtime a total of 49 hours of Overtime. a total of 40 hours of Overtime a total of 36 hours of Overtime a total of 42 hours of Overtime a total of 65 hours of Overtime a total of 39 hours of Overtime a total of 67 hours of Overtime a total of 54 hours of Overtime a total of 39 hours of Overtime Lieutenant Valdes. as the commanding. officer of the Downtown Beat Unit. should have ensured his personnel were adhering to all directives and policies. instead he allowed the personnel under his command to «ork unrestricted overtime which led to numerous policy violations. Therefore. Lieutenant Valdes is found to be in violation of the follow ing City of Miami Departmental Orders. Departmental Order 1. Chapter i 1. Rules and Regulations: 11.4.1 General Rules for Commandint; Officers. Sergeants, and Other Supervisors: All personnel have authority and responsibility can :,mensurate with their position. All members will be responsible and accountable for the use of delegated authority. 11.4.1.1 Assignment: A commanding; officer is a superior officer assisted or desi sated by the Chief of Poli:.e to exercise command and supervise a particular organizational element (.division. section, unit, or detail) of the Department. He she is subject to the orders of the Chief of Police or a superior officer: however. the Chief of Police is always in charge of and responsible for all police activities in all organizational elements. Divisional commanding officers shall administer and supervise the work of members and civilian employees (of the Department) under their command, with the aid of subordinate ranking officers. as the needbe.be. They shall: keep themselves informed of all activities within their r espeetive spar of control. be aware of factors impacting upon their function. and make recommendations to the Chief of Police when necessar to effect the general efficiency of the Department. 11.4.5.5 Commanding, Officer to Set Example For Subordinates: To assure success in the performance of the basic duties of members and civilian employees. it is imperative that the commanding officer set examples for subordinates in energy. morality, sobriety. courtesy. courage. skill. discipline, and professional:sm. MPO RF-37 Rev. t5/0412018 Submitted into the public record Apr it (s) .sY n b on \ / ,1 / Lb . City Clerk REPRIMAND (Continuation) Employee: Page 3 of 4 Andres Valdes 7330 f11.4.5.6 The Commanding Officer Must COMMAND: Commanding officers must not perform the work of subordinates. They must see that subordinates under their authority are properly instructed and 1 supervised. \, 11.4.5.7 Responsibility to Know Rules and Regulations: Policies and procedures delineated in this Order of Rules and Regulations apply to all personnel, as designated. and are issued for the purpose of effecting departmental standardization. Supervisors are charged with the responsibility of acquiring a thorough knowledge of the subject matter contained herein and with complying and enforcing strict compliance therewith. No set of Rates and Regulations is workable or effective unless there is complete accord on the part of the supervisory officers in complying with and enforcing them. Superior officers should frequently instruct subordinates to exercise due diligence and zeal in the enforcement of the Rules Iand Regulations issued therewith. 111.4.6.1 Responsible for Discipline: A superior officer is responsible for the order, conduct, and discipline of his subordinates. Discipline is the orderly, professional conduct of business, the desirable behavior from which it results, and the method of controlling such behavior. The ability of the Police Department to obtain desirable results is dependent, to a great degree, on the ability of superior officers to I convince their subordinates that they must obey orders, observe rules and regulations, and adhere to . departmental policies and procedures. 11,4.6.2 Responsible for Enforcement of Rules and Regulations: Superior officers shall be responsible ' for the enforcement of the Rules and Regulations, for compliance with department policies and procedures, and for the maintenance of stria discipline. They shall give close attention to this duty to render it unnecessary for a complaint to be lodged before action is taken, whenever possible. They will take suitable action on the discovery of any failure, error, violation, misconduct, or neglect of duty by a subordinate: I and they shall act as promptly as circumstances will allow. 11.6.1.2 Members and Civilian Employees to Know Rules and Regulations: It shall be the duty of all I members and civilian employees of the Police Department to thoroughly familiarize themselves with such provisions of the Rules and Regulations that deal specifically and generally with the duties of their rank, grade, or position. This should occur within ten days from the date of issuance. Within thirty days of issuance, every member and every civilian employee shall familiarize himself or herself with all the provisions of the Rules and Regulations. Failure on the part of any member or civilian employee to acquaint himself"herself with the provisions of the Rules and Regulations, as hereby directed, shall be considered negligence of duty and subject to disciplinary action. 11.6.17 Disciplinary Action - General Offenses: A member or civilian employee of the Department found guilty of violating a rule, regulation, provision of a general or special order, or any of the offenses below, or upon conviction in a court having criminal jurisdiction, shall be subject to reprimand, suspension. dismissal, or suffer other disciplinary action as the Chief of Police may impose. 11.6.17.2 Disobedience of Standard Operating Procedures, General Orders, Rules and Regulations, or any other official directive. MPD RF-37 Rev. 05/04/2018 Submitted into the public record f r ite (s) on _ i City Clerk REPRIMAND (Continuation) Page of 4 Employee: Andres Valdes 7330 11.6.17.30 Ncolectintl to report any member or civilian employee of the Department known to be guilty of a violation of any rule. regulation, order. or any other directive issued for the guidance of the Department. "-here such violation would bring discredit to the member. the civilian employee and'or the Department. 11.6.17.39 :Any other act or omission contrary to good order and discipline which constitutes a iolation of any of the Rules and Regulations. procedures, and other directives of the Department. 1.6 General Rules and Responsibilities of Employees Working Extra Duty: 1.6.8 Members are prohibited from working more than sixteen (16) hours during a (24) hour period. The (16) hour maximum will include a combined total of extra duty and on duty working hours. The total extra duty hours worked during a given workweek (Sunday through Saturday) shall not exceed (36) hours. Any exceptions must be appro‘ ed by the Special Operations Section Commander or his designee. In addition. 1 find Lieutenant Valdes in violation of the City of Miami Civil Service Rules and Regulations: Rule 14, Sec. 14.2. Grounds for Dismissal. Suspension and Demotion. The following are declared are to constitute a breach of duty and to be grounds for dismissal or suspension from the classified service or grounds for demo:ion. tho..igh charges may be based upon causes other than those enumerated; viz, that any employee who has been guilty of conduct unbecoming any employee of the City of Miami. who: (k) Is incompetent. negligent. or inefficient in the performance of the duties of the position held. Lieutenant Valdes failed to lead by example; therefore, recommend that Lt. Valdes receive a reprimand and a permanent part of his personnel file. ause of his actions and violations, 1 ours of forfeiture in time and it becomes 1141,4,44 MP D RF-37 Rev. 05/04/2018 Labor Relations reviewed 1/30/2019 i . �j .City of Miami Police Department 2JIQ rE?AR'► ' `.i:i(..P-i !ARY ice : '2 REPRIMAND Submitted into the public record for ite(s) c. D on / 1p . �CityClerk Employee: Miguel Canario P.I.N. 28100 Classification: Police Officer Assignment: Special Investigations Section NARRATIVE: (If rnure space is needed, use additional pages) On October 15, 2018, Officer Miguel Canario #28100 was placed on approved Family Medical Leave Act (FMLA) at his request by Health Services Sergeant Marcel Jackson #27416. Officer Canario was approved for FMLA starting on October 15. 2018, till January 12, 2019 and was scheduled to return to work on January 14, 2019. During the time Officer Canario was on FMLA, he was carried "V" (Vacation) and "I" (Illness) for payroll purposes. On October 15, 2018. through January 12, 2019, while Officer Canario was on FMLA, he submitted a total of twenty-one (21) court overtime slips to the Court Liaison Unit for court attendance. Officer Canario was monetarily compensated for a total of sixty-four (64) hours of court overtime, while being carried on FMLA status during his court attendances. Officer Canario also failed to accurately list his actual work status on nineteen (19) of the twenty-one (21) overtime slips as "I". Officer Canario instead erroneously wrote in his duty hours as 1000-2000 on nineteen court overtime slips, which qualified him to be compensated for fifty-eight (58) hours of court overtime. Distribution: Disciplinary Detail Employee Police Personnel File Internal Affairs Employee Relations (Original) Civil Service (if applicable) Authored by: Sergeant / Supervisor: ,f'o'� Lieutenant: Captain: Commander: Major: Assistant Chief: , - Deputy Chief of Police: Chief of Police: Employee MUST initial his/her choice for each statement below. 1)IAGREE 2) I AGREE or I DISAGREE or I DISAGREE ✓ WITH THE RECOMMENDED PENALTY. Page 1 of 2 P.I.N. -7261 WITH THE FACTS AS STATED. Zl ti DDRB HEARING REQUEST (SWORN ONLY)- To request a Departmental Disciplinary Review Board (DDRB) hearing, you must submit a written request to the Labor Relations Unit Commander within 10 working days from the date this document is received and signed. Failure to do so will constitute a waiver of this entitlement. Employee Signature: P.I.N.: 28/170 DATE: 2 `fi bq REPRIMAND (Continuation) Page 2or Employee: Miguel Canario SQ t b on i1 City Clerk 28100 Officer Canario is found to be in violation of the following Miami Police Departmental Orders: `1 Departmental Order 6, Chapter 1, Personnel and Payroll: 1.4.7.9 Unauthorized Overtime: Employees in below listed status shall not be eligible to receive overtime for attending court or other proceedings arising out of the course of their official duties: "I" "D" "ML" Departmental Order 5, Chapter 4, Court Procedures: 4.4.6.3 Members are responsible for ascertaining that the Court Attendance Report is completed thoroughly and accurately. This includes an indication in the appropriate box showing whether or not the member testified. When a member states that they did testify in a proceeding, this means that they were sWorn in and actually gave information (testimony) on the case in a judicial procedure. Simply speaking 1 to an attorney (prosecutor or defense) or judge does not mean testifying. If the member did not testify, they shall explain the reason on the front of the attendance report. The court disposition area will be marked accordingly and if a case has been no actioned, case cancelled, or case closed, an explanation will he written in the space provided. When a case is completed, the evidence/property disposition boxes will Ibe completed with an authorizing signature from either the courts or State Attorney's Office, along with the signature of the Property Unit indicating that the property was returned or disposed with. Incomplete or incorrect attendance reports shall be sent to the employee for correction. The corrected report will then be returned to Court Liaison by the employee's unit. I also find Officer Canario in violation of the following City of Miami Civil Service Rules and Regulations: 1 Rule 14, Sec. 14.2. Grounds for Dismissal. Suspension and Demotion. The following are declared are to constitute a breach of duty and to be grounds for dismissal or suspension from the classified service or grounds for demotion. though charges may be based upon causes other than those enumerated; viz, that any employee who has been guilty of conduct unbecoming any employee of the City of Miami, who: } (e) Has violated any lawful and reasonable official regulation or order, or failed to obey any lawful or reasonable direction made and given by his/her superior, where such violation or failure to obey amounts to: RECEIVED (2) a serious breach of proper discipline. Submitted into the public record f r ite (s • APR 17 2019 idttAM' POLICE OFF1J OF THE DEPUTY MBE= Due to Officer Miguel Canario's failure to adhere to the listed Miami Police Departmental Orders and the City of Miami Civil Service Rules and Regulations, I recommend that this Reprimand become a permanent part of his personnel file. MPD RF-37 Rev. D1118 Submitted into the public record fbr itel4l(s) on / i 1 l 7 n— City Clerk Probe finds Miami police union official abused off -duty jobs. He calls it a `witch hunt' Crime rizv;ci ilt ii November 28, 2019 06:0o AM fl?. A civilian police watchdog agency says a high -profile Miami police captain violated department policies by working too many hours on off -duty security jobs and posted "derogatory language and images" on his social -media accounts. Staff with Miami's Civilian Investigative Panel, in a report released last week, sustained allegations against Capt. Javier Ortiz, who is also the district director of the Florida Fraternal Order of Police and is known for his incendiary rhetoric and zealous sup- port of police officers. The report also included a spreadsheet that listed years' worth of Ortiz's off -duty jobs through Miami police. In one example, the investigation alleged that Ortiz billed 27.5 hours in one day for working security at Miami's Calle Ocho parade in March 2018. In a statement Friday, Ortiz said the CIP is using taxpayer dollars on a long "witch hunt" that has resulted in no discipline. Holiday Sale! Get an annual digital subscription for only 520. Act before it's gone! )'T i .w ct FrF "If their allegations were true, rest assured that the authorities would've taken me into custody. As FOP District Director, I will continue to fight for our members," he said. "Their spreadsheet is wrong. Their investigation is botched." Ortiz has often sparred publicly with the CIP, which does not have power to punish officers but offers discipline recommenda- tions to Miami's police chief. The CIP, created through a 2001 voter referendum amid years of corruption within the Miami police department, nsz :t_ pnwwr .n a few years ago after a long legal battle. The captain had long been the subject of CIP investigations sparked by various complaints. Most of the allegations in the most recent investigation are still being investigated by Miami's internal -affairs unit. Submitted into the public record fqr itelp(s a�Q on _- l J l l l il� . City Clerk Ortiz served as the president of Miami's Fraternal Order of Police between 2011 and 2017, and often drew criticism for social -me- dia posts attacking critics of police. A few years ago, he made the news when he called for a boycott 01 concert, saying he and other cops saw her work as anti -police. The captain has also been the subject of and criticism from police -reform advocates. The latest CIP probe concluded that Ortiz abused the off -duty work program — which he now oversees. Like most police depart- ments, Miami cops are allowed to work uniformed jobs as security for private businesses and events. Miami department policy states that officers cannot work more than 16 hours of off -duty in one day, and not more than 36 hours in one work week. The panel found, for example, that Ortiz worked 66 hours during one week in Spring 2017 at two off -duty jobs: at the Echo Brick - ell condo building and at the University of Miami School of Medicine. On one occasion, in March 2018, he put in for 27.5 hours in one day while working the Calle Ocho parade, according to a spreadsheet compiled by the CIP investigation. The investigation detailed jobs between January 2017 and August 2019. The probe's findings will be presented to a sub -committee of the CIP. If it votes to endorse the findings, the full panel will con- sider the allegations. The CIP investigators also dinged Ortiz for his prolific social -media presence, primarily going after . 'nI Cily mmissionc , , Cstrroll(,, who has long been engaged in a public battle against the Little Havana nightspot Ball & Chain. "@JoeCarolloNow is a legend in his own mind. I think there is a medical diagnosis for people that pretend they're something they are not," read one tweet. The CIP probe also noted one tweet directed at former CIP member — and city -commission candidate — Danny Suarez. "Playing Fortnite video games doesn't make you an expert on police matters. You know nothing. Are you running for commissioner, Sheriff or honor boy Scout this week?" The CIP probe found the posts could "reasonably be considered careless or irresponsible." In his statement, Ortiz fired back: "The CIP is nothing but a joke. Their million dollar budget should be spent on social programs that Miami residents in some of our poorest areas need badly." Submitted into the public record fpr ite(s) ;JVI f on 1 / 1 "1 / l iZ City Clerk Brash Miami police captain faces potential criminal probe over off -duty pay Crinne December 20, 201g 06:00 AM A Miami police captain could find himself under criminal investigation over excessive off -duty work — a probe triggered at his own suggestion, sort of. It's the latest trouble for brash Javier Ortiz, who oversees the department's SWAT and bomb squad teams but has found himself repeatedly in the spotlight over social media scraps with Beyonce as well as fellow law enforcement officers and other critics. The potential criminal probe stems from an oversight panel looking into a string of allegations raised by a former Miami cop against Ortiz. The Civil- ian Investigative Panel dismissed several allegations and delayed a decision on another but investigator Elisabeth Albert filed a report finding that Ortiz, also a former police union president, had worked more off -duty hours than permitted under city policy — in one case 27 hours in one day dur- ing Miami's Calle Ocho festival. "According to the records reviewed by staff, Capt. Ortiz has not only repeatedly violated policy, but has also violated the core values of the Miami Police Department," Albert wrote. Holiday Salty Get an annual digital subscription for only no. Act before it's gone! But Ortiz, who showed up at a preliminary hearing two weeks ago to defend himself, argued that the CIP investigator's report was inaccurate and that he was being accused of criminal activity. So this week, when the board was expected to vote on the issue, CIP Executive Director Cristina Beamud and legal counsel John Quick decided instead to refer the off -duty pay finding for possible criminal investigation. "It's going to the state attorney's office and the FDLE [Florida Department of Law Enforcement] tomorrow," Quick told board members during Tues- day evening's meeting. "If they don't investigate it or it gets kicked, then it can come back." The CIP, which was created by city ordinance, is an independent group composed of civilians that is tasked with police oversight but not allowed to act on potential criminal matters itself. Normally, if the board sustains investigative findings, the city's police chief determines what action to take — not prosecutors. "He's [Ortiz] the one who said if 1 did this, it would be criminal," Beamud said. "We all agreed that if proven it would be criminal and the records alone would not be able to sustain the allegations." On Thursday, the State Attorney's Office wouldn't comment on whether it received the documents or planned to investigate the issue. The oversight panel's move drew social media backlash from Ortiz — in real time. Though he didn't attend the meeting, within minutes of learning of the decision and while the board was still meeting, Ortiz tweeted that Beamud was a "documented racist" The police captain was referring to a decision made by Beamud when she was hired back in 2o14 to fire a black CIP employee named Shewanda Hall for insubordination. Hall filed a lawsuit in federal court claiming discrimination and naming Beamud. The city finally settled the lawsuit last month for si50,000. Submitted into the public record f9r iierp(s) on i i 1 1' J n City Clerk The CIP panel responded to Ortiz's tweet quickly. Shortly after the decision was made to involve the state attorney, the panel voted to sustain another allegation against Ortiz, this one supporting a finding by its investigator Albert that the captain abused police protocol with his social media smackdowns. At the preliminary hearing two weeks ago that he attended, Ortiz wasn't shy about ripping the investigation in person. He told board members it was "a sham" and said he hadn't stolen any money. He provided a city payroll stub that showed he only worked 10.5 hours on the day in question. On Thursday, CIP Assistant Director RodneyJacobs said the payroll stub Ortiz showed up with was from this year, but the off -duty work hours that were being investigated were from 2o18. "Capt. Ortiz provided documents to our office. the staff reviewed the documents, some of which were inapplicable," said Jacobs. "The remaining doc- uments as well as the facts compiled by the CIP will be forwarded to the SAO to ensure we do not engage in a potential criminal investigation." Ortiz, reached for comment after the decision to forward his pay case to prosecutors, blasted the board. "They couldn't investigate the theft of cookies and make a conviction even if they had the Cookie Monster on video," he said. "The FOP sees them as a joke. I look forward to being cleared by the SAO [state attorney's office]. I plan to take legal action against the CIP for slandering my reputation and [that] of the Fraternal Order of Police." Ortiz's social media outbursts have been well -documented. He's used it to pick fights with residents, city leaders, even Beyonce, Jtct nr tire WOrlkl -i. But for the most part, his supervisors have let him be, citing First Amendment rights and determining that most of the posts were done while Ortiz was acting in his capacity with the Fraternal Order of Police. Recently he's been taking aim at Miami Commissioner Joe Carollo. „s;,;, Ortiz was relieved of duty with pay after a Florida Highway Patrol officer told a judge that the captain stalked her after she walked out of a CIP hearing. Claudia Castillo, whose video while pulling over a Miami cop for speeding went viral, was there complaining about how Ortiz had treated her. Loaded: o% • captions off, selected Current Time o:oo Duration 1:37 Driver pulls over Miami -Dade police officer for speeding The scene played out in three cellphone videos posted on YouTube by Claudia Castillo, who identified herself as the driver. Filmed from the driver's seat, the videos chronicle her pursuit of a Miami -Dade police squad car in 2o16. By Claudia Castillo The captain used social media to call her a eCOPHater and posted a picture of her drinking what he claimed to be a beer while steering a boat. She later said it was a Pepsi. He also posted a picture of her business card and urged followers to call her. Internal Affairs eventually determined Ortiz broke department policy by posting the pictures and the phone number and he was reprimanded. Ortiz's off -duty work and his social media habits were only three of seven allegations against the captain raised by a former colleague. They also determined that allegations that the captain was unreasonably promoted and that he benefited financially from raises he was instrumental in creat- ing, were unfounded. They tabled an allegation until after an internal affairs investigation is complete that Ortiz helped a friend benefit by allowing him to use a city helicopter. And they did not sustain another allegation that he was responsible for having another officer transferred. Miami Herald Staff Writer David Ovalle contributed to this story. Submitted into the public record fr r ite ' (S) c Q on .1 City Clerk Police touted Miami murder arrests at press conference. Hours later, the chief had to take it all back cirii r,_.�.i4,st? ._K41.-ac and na id May oy, 2oi8 o6:11 PM Before a gaggle of reporters, Miami's police chief and mayor on Monday afternoon held a press conference to tout the arrests of two men suspected of murdering a Northwestern High honors student and another young man, and urging the capture of a third suspect still loose on the streets. Just hours later, in an embarrassing mea culpa, Chief Jorge Colina had to take it all back. The department announced that it would seek to release the men only two days after jailing them as the prime suspects in a bra- zen daylight shooting that killed two people and wounded two others. Homicide detectives had secured a probable cause arrest warrant — reviewed by prosecutors and signed by a Miami -Dade judge — for Yaairness Rashad Bryant, 21 and Anthony Clinch, ig, based on the identification of an eyewitness. But Clinch insisted he was shopping with his mother — and only after he was booked into jail did detectives discover supermar- ket surveillance video to back up his claim. Holiday Sale! Get an annual digital subscription for only S2o. Act before it's gone! i_if?}t: j )} "It's the right thing to do," Miami Police Colina said Monday night. The two were released Tuesday afternoon after spending two days in jail on murder charges, counts for which defendants are automatically kept behind bars with no bond. Miami -Dade prosecutors are expected to ask a judge to quash the arrest warrants Tuesday morning In court. Miami -Dade State Attorney Katherine Fernandez Rundle could not be reached for comment on Monday. Submitted into the public record fir ite (s) �)� z (3 on 1 . City Clerk The unusual development suggests authorities rushed to make an arrest in a high -profile killing that spurred the brass to increase police presence at Miami's biggest housing projects. The dead were Northwestern High honors student Kimson Green, 1.7, and his friend and former student Ricky Dixon, who were gunned down as they hung out in front of a home at the Liberty Square housing projects on April 8. The daylight ambush seri- ously wounded two others. In the wake of the Parkland high school shooting rampage, Northwestern High students took to the streets in protest — and resi- dents joined along. Miami and Miami -Dade police soon flooded the neighborhoods with a command center, patrols and even cops on horseback. Violent crime has dropped dramatically the past month, with not a single gunfire death. But the massive police presence has increased anxiety among residents worried about heavy handed police tactics. Still, Colina said he has no plans to decrease the enforcement in Liberty Square anytime soon. Details of the murder investigation remain unclear. But sources say prosecutors expressed concerns about the weakness of the evidence during a meeting with top-ranking Miami police brass and the homicide detectives on Friday, the day before the arrests. Detectives persisted and prosecutors still reviewed the arrest warrant, which was signed by Miami -Dade Circuit Judge Lisa Walsh. On Saturday night, SWAT and patrol units stormed an apartment in the complex and took Bryant and Clinch into custody. Clinch immediately told detectives he was shopping at a Hialeah -area Marshall's and the supermarket Fresco y Mas with his mother at the time of the killing, according to sources. Still, on Monday at noon, Colina and Mayor Francis Suarez headed up a large contingent at police headquarters to announce the duo's arrest. They also said detectives were looking for a third suspect, Deondre McDuffy. "This third person we are looking for, Deondre McDuffy, is considered dangerous and possibly armed," Colina told reporters, add- ing: "We would like to take him into custody without incident and be able to bring some closure, some sense of peace to everyone who has been affected by this tragedy. Not just the families but the friends and even the kids at Northwestern." But in the ensuing hours, detectives located surveillance video from Fresco y Mas that showed Clinch, sources said. No video evi- dence cleared Bryant, who investigators still believe was involved; detectives are still looking to corroborate the eyewitness iden- tification, sources said. In a prepared statement, Colina said after police reviewed the video which supported Clinch's alibi, an immediate decision was made to release both men. Colina also said an arrest warrant for McDuffy, which was also announced Monday morning, had been canceled. "While the Miami Police Department is committed to the pursuit of justice, it is equally committed to the protection of the inno- cent," said Colina. Submitted into the public record f r ite�n(s) _ �` : 6 on f/ City Clerk The U visa is supposed to help solve crimes and protect immigrants — but police are undermining it Im_migi t Qn Rv ;,zura C. U-re; November 07, 2019 08:0o AM UP NEXT: Rescued from a circus in Guatemala, three Bengal tigers arrive to Miami International Airport This story was produced by Reveal from The Center for Investigative Reporting, a nonprofit news organization. Get their investiga- tions emailed to you directly by signing up at re.•ea{ :vs n+i �l�lrsterrer "°'P. Nataly Alcantara awoke to two shadows standing in her bedroom. Her husband and their toddler son lay next to her, with their 3-month-old daughter nestled in a crib beside the bed. One of the shadows, Alcantara realized, held a knife. Holiday Sale' Get an annual digital subscription for only S20. Act before it's gone! ir.w OFFER "Give us your money!" one woman shouted while the other pointed a gun at the baby's crib. Alcantara grabbed a wallet from a nearby shelf. It contained about 5300, the family's savings. She handed it to the intruders. They took the family's cellphones and ran away. Alcantara dialed 9i>, from a roommate's cellphone. Within minutes, the first squad car had pulled up to her duplex apartment, around 4:30 a.m. She told the officer what happened. Soon, more city of Miami police officers arrived. Alcantara watched as they unfurled crime scene tape in front of her home, one in a long line of squat one-story houses crowded together in the neighborhood of Allapattah. She heard a helicopter circling overhead. TV reporters arrived with cameras and microphones. "I was just in shock," Alcantara told a reporter from CBS Miami. , 4 Nataly Alcantara and her family fled Honduras in 2014 after she said local gangs threatened to kill her young son. Alicia Vera for Reveal Submitted into the public record fo ite s) , j'i)' b on l City Clerk Around io a.m., an investigator came. Alcantara's family already had been through so much — death threats in Honduras and a rough journey to the U.S. border. Now, she wanted to know who terrorized her family that morning, in the early hours of Nov. 3, 2014. So Alcantara helped the police as much as she could. She took their calls and invited them to her home. She flipped through photo packets of mugshots. She even did her own sleuthing and managed to help track down one suspect. There was just one thing that Alcantara asked of Miami police: that they sign a letter confirming her cooperation. If they did that, she could apply for a U visa, which Congress created nearly zo years ago to protect immigrant victims and help police solve crimes. Undocumented immigrants often are afraid to interact with law enforcement, for fear of being deported. The visa is meant to encourage them to report crimes so that criminals can't strike with impunity. For Alcantara, the U visa would mean she could gain temporary status and someday apply for a green card. She could get a driv- er's license and drive her kids to school when they were older. oi r Nataly Alcantara and her family were robbed while living at this Miami home in November 2024. The two robbers never were charged. Alicia Vera for Reveal But after Alcantara's months of cooperation, Miami police declined to verify that she helped investigators. Submitted into the public record fpr it m (s) on O . City Clerk And, in a metropolis built by immigrants from across Latin America, the Caribbean and beyond, it s something the Miami Police Department does nearly every single time it's asked. In fact, nearly 20 years after its creation, the U visa is being undermined routinely by law enforcement agencies across the country, an investigation by Reveal from The Center for Investigative Reporting has found. From border communities in Texas to some of New York's biggest cities, police leaders are blocking immigrants from even apply- ing for a potentially life -changing visa and sowing distrust, affecting the safety of their entire communities far beyond immigrant neighborhoods. Reveal's analysis of policies from more than ioo agencies serving large immigrant communities found that nearly 1 of every 4 create barriers never envisioned under the U visa program. A review based on hundreds of police records and nearly 6o inter- views found that victims are at the mercy of whatever internal rules police choose. The Miami Police Department approved only 27 of the 235 U visa certification requests it received in the last three years. Alicia Vera for Reveal "Law enforcement holds that power," said Florida immigration attorney Kathlyn Mackovjak. "It could be politically motivated, it could be personally motivated, it could be, 'We don't have time for this,' it could be a lot of reasons. And then, of course, the vic- tim pays the price. They don't even get a chance to apply." How the U visa has been undermined In 1994, Congress passed the Violence Against Women Act. The law, one of the first in the country to address gender -based vio- lence, provided funding to police and shelters, established a domestic violence hotline, and created protections for immigrant victims if they were married to a U.S. citizen or green -card holder. But six years after it was passed, lawmakers saw a gap: It didn't apply to many domestic violence victims or victims of other vio- lent crimes. That was making it harder for police to take criminals off the street. "We sometimes have people coming here who don't understand their rights," California Sen. Barbara Boxer . k . tin v. "They need to understand their rights, that their bodies don't belong to anyone else, and they have a right to cry out if they are abused." So lawmakers expanded the 1994 law to r =,a which grants temporary status to undocumented victims of an array of violent crimes such as rape, domestic violence, kidnapping, and felonious assault. Immigrants with temporary status, such as a student or work visa, also can apply. To qualify, immigrants must have been the vic- tim of a violent crime and have been helpful in a police investigation. A law enforcement agency must confirm their cooperation by signing a five -page form called a certification. The certification is a small part of the application process, but without it, a person can't even apply. Once victims have the certi- fication, a federal immigration official ultimately decides whether they qualify based on a number of factors. Submitted into the public record fpr ite}n(s) 5Q 1 b on / 11 / 7a , City Clerk The government caps the number of U visas it gives out at io,000 a year. Once victims do get certified and apply, they join a backlog of more than 243,000 and can wait for more than a decade to get their petition approved. The number of petitions rose through the years, but dropped in 2018 for the first time in at least a decade. Some advocates say the Trump administration'sJ !' :Lento rcctlten: has discouraged victims from contacting police. But when victims do pursue the visa, they are dropped into a capricious system in which law enforcement officials decide on their own which cases to support or decline. Four agencies simply refuse to consider requests. The police departments in McAllen, Texas; Quincy, Massachusetts; Yonkers, New York; and Rochester, New York, don't participate in the U visa process. At least 20 departments have created their own arbitrary rules beyond the federal guidelines. The Gwinnett County Police Department in Georgia, for example, considers the "solvability" of the case. So do four other departments. The Gwinnett County department declined an interview request, but said in a statement that due to the annual cap on visas, "we try to be responsible in issuing them in those instances which we have the greatest need for a victim." Others consider the mental and physical harm caused to the victim, criteria that explicitly isn't law enforcement's job. According to federal guidelines, that's something that should be evaluated only by immigration officials reviewing the victim's application. Another ig agencies contacted by Reveal either declined to provide their U visa procedures or did not return calls for comment. The U visa is meant to protect victims from deportation while their cases are winding through the criminal justice system. Yet prosecutors in at least three offices — Arlington County, Virginia, as well as Miami -Dade and Orange counties in Florida — are opting to certify cases only after they've been closed, Reveal found. Some district attorneys worry that victims will stop cooper- ating after they get the signature, while others are concerned victims' U visas would be used against them in court. "The U visa has been turned into a sword by defense counsel," said Theo Stamos, the Arlington commonwealth's attorney. Yonkers Sgt. Dean Politopoulos said his agency doesn't consider U visa requests but refers victims to the district attorney's office. A few other departments adopted the same approach, leaving victims whose cases never resulted in an arrest without options. Politopoulos would not address why his department refuses to sign certifications. "We've had internal conversations within the department," he said, "and it's just not something that we're signing off on right now." Some departments said they created time limits because they may not have documents on file for older cases. Even some agencies that say they certify rarely do. The Polk County Sheriff's Office in Florida said it reviews requests. But between 2016 and 2018, the office didn't sign a single one of the nearly 70 requests it received. Sheriff Grady Judd did not return phone calls for comment. As anti -immigrant sentiment in the U.S. k n . _ ., immigration attorneys suspect that's a motivating factor behind many of the denials. San Francisco police Sgt. Inspector Antonio Flores, who has been training officers on the U visa law for more than a decade, said officers sometimes express concerns about helping undocumented immigrants with their status. He asks officers for their agency's mission statement. Oftentimes, he said, the mission includes the word "community." It doesn't say what country they're from. "Push the politics aside if you want to solve your cases," Flores tells them. Flores also tells officers that the U visa doesn't benefit just undocumented victims. Because the law is in part designed to help police crack down on crime, it makes the entire community safer. But places such as Miami have chosen not to fully take advantage of the law. Of the 235 certification requests the Miami Police Department received in the last three years, only 27 were approved. Submitted into the public record fpr itern] (s)5Q, on k /t1 ! 7,6 . City Clerk "In a lot of cases, the denials that I've received, I've tried to follow up and get explanations, and the explanations I get are not very satisfying," said immigration attorney Maya Ibars, who took on Alcantara's case in 2o17. "People are qualifying and it's just unfortunately another way that they're being victimized." "In a lot of cases, the (visa certification) denials that I've received, I've tried to follow up and get explanations, and the explanations I get are not very satisfying," says immigration attorney Maya Ibars, who is handling Alcantara's case. Alicia Vera for Reveal Leslye Orloff, a longtime immigrant women's advocate who helped lawmakers draft the U visa regulations in 2000, called Miami police's numbers "shockingly low" for such a large, diverse city. "What it means is that people don't trust them," said Orloff, director of the Natic l Urrunigrant Women's Advocacy Project "Peo- ple don't believe they are going to certify. People are asking (for certifications) less than they probably should be asking." A review of certification requests sent to the police department in 2018 revealed that Miami police denied many victims who qualified for the U visa. Among the victims: a woman who was punched by her drunk husband. A 27-year-old bodega clerk who was robbed and threatened with a barbecue skewer. A man robbed at gunpoint while depositing money at an ATM. "Because they've had the bad luck of being a victim in the city of Miami, then they're missing out on humanitarian protections they're entitled to under the law," said Michelle Ortiz, deputy director of the legal nonprofit Americans for Immigrant Justice in Miami. In an interview, Chief Jorge Colina said he would look into his agency's certification review process. "It does sound like that's a very low number," Colina said. "It's certainly something I want to go back and revisit and just make sure that we are doing our part to represent the victims, because that's our function." "Somebody has to speak for the victims," he said. Several lawyers said Miami police mail generic one -page letters offering no explanation for the agency's refusal to sign. Colina acknowledged that he is not familiar with the department's U visa procedures, but said he has begun talks with his staff about these concerns. He said his staff told him that they don't include details on denial letters because someone could use them as a way to game the system. And they said they see the same attorneys' names on U visa requests and worry those attorneys are taking advantage of immigrants. "We just want to make sure that someone isn't selling a false idea to someone," Colina said. The department provided no evidence of any suspicious behavior by attorneys. Why she left Honduras Submitted into the public record f r ite (s) cjQ 1 on City Clerk Nataly Alcantara tried to live a normal life in Honduras. She went to college for a business administration degree. She'd ride her bicycle to run errands. She worked at her uncle's check cashing business on weekends. But the violence that permeates much of the country found its way into her life. Her uncle was shot dead in March 2008, and a few months later. the threats against Alcantara began. Men approached her while she biked to the pharmacy. They showed up at the family's house. It was after a stranger called her mother and said her daughter was in danger that Alcantara decided to leave her hometown for a few months, moving 22 miles away. Eventually, Alcantara resumed her quiet life. She graduated from college and got an administrative job at a beverage company. Later, she had a son. But in 2o14, the threats began again. Local gangs often force residents to pay a monthly fee — "la renta" — on their homes and businesses. Strangers called Alcantara and demanded half her paycheck. The final call cemented Alcantara's decision to leave Honduras: If she didn't comply, the caller said, they'd kill her son. Her husband, a professional soccer player, arrived first in Texas. Alcantara was eight months pregnant when she and her son were detained in McAllen in May 2014 and released a few days later. Alcantara has a pending asylum application. The family moved into the duplex in Miami and split the rent with three roommates. They converted the living room into their new home. Then one night, the shadows showed up. 'We set out to really fix this problem' The U visa has long since outgrown its roots as a way to protect victims of domestic violence and sexual assault. It is now a key player in the aftermath of mass shootings. From the Pulse nightclub shooting in Orlando, Florida, to the recent Walmart tragedy in El Paso, Texas, these acts of random violence have devastated immigrant communities, even when they weren't always included in the narrative. On Oct. 1, 2017, as a gunman opened fire on a Las Vegas country music festival and killed 58 people, about 120 of the workers there were undocumented, according to local activist Leo Murrieta. The youngest survivor, who was on his first day on the job, was 15 years old. In the aftermath, the city opened a response area at the convention center, where survivors could obtain mental health counsel- ing and other resources. But many undocumented survivors feared walking up to the center surrounded by squad cars and police, Murrieta said. Submitted into the public record fp r iteln(s) 3V_ b on j J \ ) IJ LU . City Clerk A memorial garden honors victims of the 2017 mass shooting at a Las Vegas country music festival. Local immigration advocates worked to help undocumented survivors obtain U visa paperwork. John Locher AP "Nobody in our state understood that undocumented people were afraid of police," he said. "How are people supposed to feel safe to go and ask for help?" Murrieta, director of the nonprofit Make the Road Nevada, mobilized with other local advocates to get services for the survivors, including food, medical attention and transportation to doctor's appointments. Murrieta remembers taking statements from sur- vivors whom police hadn't interviewed yet. One of the victims fainted as she recounted the details to Murrieta. "It was gut -wrenching," he said. The Legal Aid Center of Southern Nevada also stepped in to help and processed U visa paperwork for about 6o victims. But police were resistant. They told lawyers that the shooter was identified, so victims wouldn't be helpful to the investigation. So the center wrote a memo that explained that survivors qualified because they were willing to come forward and talk about what they witnessed. Gabrielle Jones, a Legal Aid attorney, remembers one survivor who spoke to both the local police and FBI. "She really wanted to make sure this didn't happen again," Jones said. "We have clients who remember lying on the ground and hearing bullets land on the side of their heads, not knowing if they were going to get home that evening to see their children," she added. After a few months of discussions, Jones said, the police department began signing requests. In June 2018, Sheriff Joseph Lom- bardo also agreed to meet with some of the victims and hear their stories. Las Vegas police spokesman Aden Ocampo Gomez said the agency authorized more staff to sign off on U visa requests after the shooting. The agency also decided that any person who was at the festival and gave a statement to police would qualify for the certification. Attorney Edgar Flores helped a few victims pro bono to obtain certifications. It took some compromising with the agency, he said, which finally agreed to sign some requests with a caveat: They would write in the certification that the victim's statement wasn't helpful to the investigation. "Some of these people that we represented are genuine heroes. There's testimony from other people saying this person picked me up and put me in a truck when I had my arm blown. This person pulled me to the ground," Flores said. "They were helpful. They were doing things that only members of law enforcement are paid to do. That is a form of being helpful." Flores, who is also an assemblyman in Nevada's Legislature, had been seeing agencies create their own internal policies for years. He recently led the passage of a neu ::'tit that requires police departments to review U visas by the federal standards and collect data on their approval and denial rates. Submitted into the publi record or ite (s) 5y, b on City Clerk "No agency had any type of transparency as to when they were or weren't doing it. They weren't all following the same rules, and more importantly, they were creating their own rules that were outside of Congress' intent," Flores said. "We set out to really fix this problem." Congress didn't include any provision in the U visa statute that would hold agencies that didn't consider requests accountable. But in the last decade, 12 states have tried to fill that vacuum. California passed its in 2016. Lawyers and advocates had created a database to keep track of agency policies across the state and noticed that some departments had "opted out" of the certification process altogether, while many victims experi- enced months -long delays in obtaining signatures. Under the law, California agencies must process requests within go days or within 14 days if the victim is at risk of deportation. "The law has done its job in terms of forcing law enforcement agencies who were just generally refusing to sign, period, to at last come to the table," said Gina Amato Lough, a senior attorney for the Immigrants' Rights Project at Public Counsel in Los Angeles. Ten other states — such as_j i<a,t,, iii,;ois and — have passed similar laws. Last November, the New Jersey attor- ney general :rn;_; ;ltccu c to police and prosecutors requiring them to comply with the U visa regulations. What she did to help police The day after the robbery, Alcantara called the number of her stolen cellphone. "I wanted to know if they would answer," she said. "And they did. And I told them I was the woman they robbed." The woman hung up. Alcantara called the police to tell them, and they put in a request for her phone records. Maybe, Alcantara thought, officers could use her stolen phone to find the suspects. Police repsfi.--N.t• that Alcantara and her husband met with police, including investigating officer Luis Sierra, at least three times. They answered officers' questions. Sierra wanted to know whether Alcantara knew the women before the robbery, but she didn't. At their house, police showed them mugshots of potential suspects, but Alcantara couldn't recognize any of the faces. The biggest break in the case came Nov. 16, 2014, when Sierra obtained call history records for the stolen phones, records show. The logs showed Alcantara's phone was used seven times a few hours after the robbery. Sierra eventually found someone whom the suspect had called with Alcantara's phone. The man told Sierra that the woman, an ex -girlfriend, had asked him for money. He said she should be arrested because "she is not safe on the streets." A background check showed she had a warrant out for trespassing. After her arrest Dec. 3, she "denied any knowledge or involve- ment" in the robbery, records state. The police never charged her with the robbery. "At this point in time, there are no other leads or solvability factors," Sierra wrote in the file. At the bottom of the report, he typed "NFI" — no further information. Sierra, who is now a lieutenant with the domestic violence unit, did not respond to emails and calls for comment. While Alcantara still was helping police, a friend from Honduras mentioned during a phone call that she had heard about a visa for crime victims. Alcantara showed up to immigration court for help, and staff referred her to Catholic Legal Services, an immi- gration nonprofit. In April 2015, a lawyer filed Alcantara's certification request to the police department. Five months passed without a response. Alcantara's lawyer at the time, Ana Quiros, sent a follow-up letter. "She was helpful, and will be helpful in the future," it read. "The U visa was created specifically for this type of factual scenario." Nearly a year after the robbery, Alcantara received ay.k e.-pag :et:er: "After careful review, it has been determined that the Miami Police Department will not be certifying the application." An agency's decision," the letter continued, "is entirely discretionary." Submitted into the public record fpr iie}n(s) `jk� on / / . City Clerk Alcantara didn't see the robbers brought to justice. And she didn't even get a chance to apply for her visa. Jorge Colina, the police chief, suggested the department would reexamine the case. "If she made the phone call and asked for help and cooperated and came forward and looked at mugshots, etc., I think it's certainly worth looking at again," he said. For Alcantara, now 32, her ordeal has changed the way she views police in the United States. Before leaving Honduras, Alcantara told police about the threatening phone calls, but nothing came of her reports. In the United States, Alcantara was searching for protection and a safe place to raise her kids. The police here are different, she thought. "I thought they were like in the movies," she said. "Everything gets solved quickly and they arrest the burglars or murderers. I thought it was the same in real life." That changed after she received Miami police's three -paragraph denial letter. "The truth is," she said, "they're the same in every country?' After the TV reporters aired their stories and the police stopped calling, no one asked Alcantara anymore about the night of the robbery. The family couldn't afford to move out of the duplex right away, so they stayed. Until they moved a few months later, Alcantara could not sleep well at night. Her toddler son would burst into tears when he saw strangers wearing dark clothes. It took a few years of saving money, but the family now owns a small two -bedroom home in Miami. Her son is a thriving 6-year- old who likes to run through the house with his 5-year-old sister. While they're at school, Alcantara stays home and takes care of her i-year-old son. Some nights, while her husband is home from work, she sells snacks and sodas during soccer games at a nearby park. In the afternoons, after the kids are home from school, Alcantara walks to the dining room. She picks up a metal chair and pushes it against the front door. If an intruder comes again, she'll hear them this time. This story was edited by Andrew Donohue and Matt Thompson and copy edited by Nikki Frick. Laura C. Morel can be reached at . "°_ ° Follow her on Twitter: Submitted into the public record r itf m(s) `lc), h on j / 11/ W . City Clerk [ Please read web version for embedded content ] Botched Javier Ortiz Investigation Exemplifies Internal Affairs' History of Incompetence and Coverups MEG O'CONNOR I NOVEMBER 15, 2018 1 7:48AM Ten days before Christmas last Miami Police Capt. Javier Ortiz for possession of a small amount of marijuana. Charges were later dropped, and Sanon, who was arrested on his way home from his job at a Wells Fargo bank, later filed a complaint with year, Polini Sanon was arrested by notorious Internal Affairs over Ortiz's behavior during the arrest. Among his concerns: Ortiz allegedly photographed his girlfriend's work ID. But the investigation into Sanon's complaint was anything but thorough, which seems to be typical for the Miami Police Department's Internal Affairs Unit. Ortiz has racked up 38 citizen complaints regarding 56 different allegations of misconduct during his 14-year tenure as a City of Miami police officer, according to an IA summary obtained by New Times. Yet only six of those allegations have been sustained — five for improper procedure and one for discourtesy. Ortiz did not respond to requests for comment. The Miami Police Department did not respond to phone calls and emails seeking comment. Submitted into the public record . r it on (s) ti, b City Clerk Sanon says Ortiz took a photo of his girlfriend's work ID after arresting him during a traffic stop, as seen in a recording he submitted to Internal Affairs. After handcuffing Sanon over a traffic violation, then calling a K-9 unit to come search his car, Ortiz allegedly told Sanon, "This would have all gone smoothly if you hadn't started recording, Mr. ACLU... Now you're going to jail and -I'm going home after I finish my shift." Ortiz ordered Sanon's girlfriend, Thamara Cazeau, to step out of the car, where she recorded him photographing the work ID from the University of Miami. She says he later told her, "You better be careful, because I do police work over there." Sanon spent the night in jail for what could have been a ticket (since the City of Miami signed an agreement to start issuing civil citations for possession of small amounts of pot in February 2017). After the charges were dropped months later, Sanon filed a complaint with Internal Affairs. Audio files, video footage, and a copy of the final writeup of the investigation obtained by New Times reveal the five -month inquiry was riddled with problems: IA investigators did not review all video footage of the incident, and they misrepresented statements of several police officers on the scene that night. Internal Affairs ultimately failed to sustain allegations of improper procedure and discourtesy against Ortiz for photographing Cazeau's work ID and his statements to Sanon and Cazeau. Submitted into the public record fpr ite �(s _ on 1 ! 1 "1 � City Clerk Some of Ortiz's other reported misconduct includes posting selfies on Instagram with people he has handcuffed; tasing a.defenseless man, then lying about it; and using his Facebook account to share photos and the cell phone number of Claudia Castillo, a woman who filmed cops speeding, then encouraging his followers to call and harass her. He also labeled 12-year-old Tamir Rice, the boy shot by Cleveland Police officers in 2014, a "thug" on Twitter. Fifty of 56 allegations of misconduct have been written off by Internal Affairs in one way or another: IA classified eight as noncomplaints , 22 as inconclusive, five as unsupported, and three as not sustained. Two. complaints were withdrawn and one was closed as "information only." In the other nine complaints, IA either cleared (seven) or exonerated (two) Ortiz. The case of Claudia Castillo, the woman who filmed cops speeding, was one of the few complaints Internal Affairs sustained. But it also highlights how IA consistently allows investigations to drag on, letting bad cops escape repercussions. Though Castillo's claims were easily provable via screenshots of Ortiz's online posts doxxing her, it took IA ten months to conclude he had violated department policy. As a result, Ortiz was simply reprimanded for discourtesy and improper procedure, in December 2016. In another sustained complaint, IA recently determined Ortiz was guilty of improper procedure when he repeatedly posted selfies of himself online smiling in front of handcuffed suspects. It's unlikely Ortiz will face any punishment for the violation, though. State law says cops cannot be punished if IA investigations take more than 180 days. In this case, IA waited just long enough for Ortiz to escape culpability, wrapping up the case in 192 days. Submitted into the public record fpr itejn(s) 34, on l / f l / 7,0 . City Clerk Ortiz was also suspended with pay for a month in March 2017 after Castillo filed a temporary restraining order against him. By October that year, he was promoted to captain. Ortiz's sworn statement to IA regarding Sanon's complaint, recorded by IA and shared with New Times, directly contradicts what video footage shows. Although Ortiz contends he did not photograph Cazeau's work ID, the video shows him holding up something small in front of his cell phone in a manner consistent with taking a picture. Yet IA did not question Ortiz about what he was doing in the video. Javier Ortiz / Courtesy of Poiini Sanon In the final report of the investigation into Sanon's complaint, Sgt. Robert Robinson wrote: "There are no independent witnesses and/or video footage to either prove or disprove the allegation." But Sanon submitted footage, which he believes Internal Affairs failed to review. "Do you need to review any —" Robinson asks Ortiz at one point during a recording when Ortiz cannot recall the order of events. Submitted into the public recordl e�� cep'b on / �11City Clerk "No, the allegations are improper procedure and discourtesy. I was not discourteous at any time, and the improper procedure I know has to do with a cell phone, so when you ask me about that, I'll be able to tell you exactly what's going on," Ortiz said. "Did you take out your cell phone — or do you have a cell phone that you normally carry with you while you're on patrol?" Robinson asked. "Yes." "At any point in time, did you take any photographs of any items on -scene?" "No." "Did you take any pictures in reference to identification cards?" "No, but I did take note that she works for the University of Miami medical campus and I run police services at the University of Miami," Ortiz said. Ortiz denied he said anything to Cazeau about working for the University of Miami. And he denied saying anything discourteous to Sanon. As the IA interview went on, Ortiz continued to contradict himself. "He was argumentative, wanted a supervisor; I explained to him I was the supervisor," Ortiz said when asked to describe his initial encounter with Sanon. "Any forms of complaints during the traffic stop on -scene?" Robinson asked seven minutes later. "No, because I would have called a supervisor if they wanted to file a complaint," Ortiz said. Submitted into the public record f ite s) 3Q on _ City Clerk Not only did Robinson fail to ask Ortiz about the video footage showing him holding his phone up to an object on the scene, IA investigators consistently misrepresented sworn statements from other police officers who were present in their report. "You said that at one point in time you saw smoke coming from the vehicle," Robinson says to rookie Officer Christopher Perales during the inquiry, according to audio taken on June 20 and obtained by New Times. "No, I didn't say I saw smoke," Perales responds. "You didn't say it was foggy in the vehicle?" "No, I never said that." "You sure?" Robinson asks. "I'm positive," Perales said. "I never said that. I never said there was smoke." Yet in the final writeup of the investigation — which Robinson and another officer, Rolando Padron, signed off on July 10 — Robinson wrote that Perales said in that very same sworn statement that "Mr. Sanon was uncooperative and an odor of marijuana including a fog was coming from the vehicle." In the entire 25- minute interview, Perales never once said that. None of the four officers on -scene were wearing body cameras, a longstanding problem with Miami Police officers, despite millions of taxpayer dollars spent on the cameras and reassurances from Chief Jorge Colina that his officers would wear them. Submitted into the publi record f r ite (s) j, on I City Clerk Also in Ortiz's statement: "I didn't know if he was videotaping until actually coming to see this case," Ortiz told IA, despite acknowledging on camera that Sanon told him he was recording, and then acknowledging it again when he called Sanon "Mr. ACLU" and said things would have all gone smoothly if Sanon hadn't been filming. Sanon is disappointed by Internal Affairs' lackadaisical investigation. "I have no faith in them," he said of the department. "Of course Ortiz is going to feel untouchable — look at everything he's already done." RELATED TOPICS: NEWS CRIME MARIJUANA NEWS Use of this website constitutes acceptance of our terms of use, our cookies policy, and our privacy policy ©2019 Miami New Times, LLC. All rights reserved. Submitted into the public tt record on City Clerk Dana Carr Overtime Investigation Comparison Submitted into the public record fg r iten] (s) 5(3, b on 1/ flJ 7 . City Clerk The following documents are: 1. A red -line memo chronicling the results of Assistant Chief Dennis Jackson's investigation into Major Dana Carr's overtime use in the Property and Evidence Management Section. a. Assistant Chief Jackson found that I used overtime within reason. 2. Officer Miguel Canario's reprimand chronicling the results of an investigation into his use of overtime in the Special investigation Section. a. Major Frank Fernandez was not investigated. 3. Lt. Andres Valdes' reprimand chronicling the results of an investigation into his use of overtime in the Downtown NET- Omni CRA funds. a. Major Thomas Carroll and Commander Jose Fernandez are being protected from this abuse of overtime case by not being listed on the reprimand. This case should have been investigated by Internal Affairs and referred to the State Attorney's Office for potential criminal charges. Assistant Chief Manuel Morales, Deputy Chief Ronald Papier and Chief Jorge Colina kept handled it in the Field Operations Division to minimize the severity of this abuse of overtime. During my Hostile Environment Complaint sworn statement, I advised Major Armando Aguilar, the Internal Affairs Section Commander, that Chief Jorge Colina wanted Chief Jackson to "put something in my file". • 12/31/18 Chief Jackson submitted a red -line memorandum summarizing an investigation of my use of overtime in the Property Unit. He advised Chief Colina that I used overtime within reason. o Note: Chief Jackson told me that Chief Colina wanted him to write me up. When he showed the memo to Chief Morales, he told Chief Jackson that Chief Colina would demote him back to a sergeant. Chief Jackson told me he felt he needed to do what was right. (Especially since Chief Colina, Deputy Chief Papier and Assistant Chief Morales were my Division Chiefs during the periods when I used the overtime to restructure the Property Unit). Note: Latin male Major Frank Fernandez and Major Eric Gonzalez were not investigated by Internal Affairs. 'L'.. 1:1V.•. Jorge Colina Chief of Police (Through Channels) ackson I1 Asghief of Police Administration Division December 31, 2018 Hues-hga,,�n fa) rProfi use Overtime use in the Property Unit Submitted into the public recor � �� I (s) J� � b on / W . City Clerk Regarding your inquiry into the overtime use in the Property Unit, I conducted the following investigation: In October 2016, Major Dana Carr advised she met with Chief Rodolfo LIanes, Deputy Chief Ronald Papier, who would become her Administration Division Chief, and Executive Assistant Eldys Diaz to discuss her new assignment to the Property and Evidence Management Section. The Property Unit had been the subject of several articles in the media that documented its deficiencies. Chief Llanes tasked Major Carr to address them. During the meeting, she was advised that a Property Consultant from Evidence Control Systems would be hired to assess the deficiencies of the Property Unit and make recommendations to correct them. Once the Consultant's recommendations were received, she was advised to use there as a template to restructure the unit. Major Carr advised that Chief Llanes gave her the authorization to use overtime. Evidence Control Systems conducted its audit of the Property Unit from January 24 through January 27, 2017. The findings and recommendations were received in an approximately 300- page report on May 10, 2017. Joe Latta, the consultant, wrote a cover letter to Chief Llanes expressing that restructuring the Property Unit and eliminating the backlog was a monumental task that would entail a commitment to appropriate staffing and funding. Among the many recommendations, Joe Latta specifically addressed the use of overtime in Chapter 1 on page 13 of2l: "1.6.3 Staffing — Work Schedule — Overtime Finding: According to the staff, the Miami Police Department has been utilizing regularly scheduled overtime to cover for the personnel shortage. No Staand2u ds or Recognized Professional Practices...Observation and Recommendation Recommendations/Options: E.C.S. urges the administration to utilize the continuation of overtime as long as the personnel shortages continue. Note: Once a department falls behind on purging there is no way for correcting it without an infusion of additional labor and overtime." Submitted into the public record fpr ite (s) _ b Overtime use in the Property Unit on ` / i 1 /%fl _• City Clerk Page 1 2 On July 20, 2017, Major Carr advised she submitted a plan of action through the chain of command to Chief Llanes to restructure the Property Unit (See enclosed Plan of Action to Restructure the Property Unit). She further advised that at no time did any of her previous Division Chiefs (Deputy Chief Papier, Chief Jorge Colina and Assistant Chief Manuel Morales) advise her that she was not authorized to use overtime in her Section as they were updated on the progress of the Property Unit. As a part of the restructuring the Property Unit, Major Carr advised she authorized Lt. Saundria Anderson to utilize overtime to complete tasks commensurate with her job description as the Deputy Commander of the Property Unit. Some of the tasks are summarized below: e Conducted research and coordinated with the Grants Detail to apply for the SAFE-ITR grant which was awarded in September 2017. • Conducted the research via the internet and visited several police departments and coordinated with the vendors to purchase the FileOnQ Evidence Management System. Additionally, she oversaw the implementation of the Evidence Management System which included scheduling and attending internal and citywide training. • Updated the Property Unit's Departmental Orders and Standard Operating procedures to memorialize the current procedures. • Created a disposition team, their job descriptions and duties. 1, Streamlined the purging process. o Created the process, Departmental Orders and Standard Operating Procedures to condense the Property Unit's operations to one shift. Additionally, she scheduled and attended internal and city-wide training • Trained her new sergeants. Upon my review, I believe that Major Carr was tasked with an enormous responsibility to correct major deficiencies in the Property Unit as well as restructure the Property Unit. She was authorized to utilized overtime within reason, applied the best practices, resources and information provided to effectively fulfill the goals and objectives submitted in the plan of action. !`• is Rodolfo Llanes Chief of Police (T hro gh Channels) ana Carr ninander Property & Evidence Mgt. Section CITY C t FLORIDA L'i � t 1ai �'ib'll:�l sf . :.4 fi :JA Submitted into the public record f r ite (s) on i/11 an City Clerk T), V.-a.: June 20, 2017 SU ,5 CT : Action Plan to Restructure Property Unit i:i 1C.:LOSU ES: Synopsis: From January 24 through 27, 2017, Evidence Control System, Inc. conducted an audit of the City of Miami Police Department's Property Unit. The audit team generated a report detailing several deficiencies and provided recommendations for solutions. The most critical deficiencies listed were safety violations, considerable inventory levels, inadequate internal controls, packaging protocols, inefficient business hours that hamper the purging process, an outdated evidence management system, and the labor intensive processes that are used to operate the unit (Evidence Control Systems Audit Report, 2017). Although it will take years to correct these deficiencies, this initial action plan focuses on the most pressing and crucial issues that can be addressed •within the first 365 days. ik'l[assion The mission of the Property and Evidence Management Section is to provide a comprehensive program of services for employees and the general public by utilizing the most modern and efficient procedures available for the processing, recording, storing and disposing of evidence and other items on a daily basis. Goal I To employ the most effective and efficient techniques and procedures necessary in performing property management for the police and public. G021 I To provide a system that will allow effective retrieval and disposition of property for both the Department and citizens alike. Goal HI To maintain the integrity of the Department by ensuring that the designed safeguards are followed for the protection of valuable property. ECE1IVE e A 2 2 2011 ASSTST.1 —1- "'r_F- Action Plan to Restructure Properly Unit (Continued) Page 2 Objectives: 1. Immediaate: a. Ensure access logs to the Property Unit are utilized. El. 90 Days (June 1. 2017-August 31, 2017): a. Property Manager reassigned to Property and Evidence Unit from Quartermaster and Fleet Unit on 6/15/17. b. Correct Safety Violations. i. Install fire extinguishers in I-95 warehouse. ii. Install the appropriate number of smoke detectors. iii. Eliminate fire hazards in warehouses (packages stacked up to the ceiling). iv. Install eyewash stations. v. Install wipes and hands sanitizers at all of the officer processing workstations. c. Upgrade from the currently ineffective WinACE evidence management system to the more efficient and advanced evidence management system, Fi1eOnQ (Grant Awarded or Purchase Order). d. Conduct training assessment of Property Supervisors and Specialists. Submitted into the public record r itejn(s) 3 , on 1l l / e. L. • h. i. i. Ensure Supervisors and Specialists who have not attended any training submit training requests. . Full inventory recommended- Purchase Order submitted. Develop statistical monitoring criteria to assess the Property Unit's effectiveness. Create a central location for "Unable to Locate" files. Develop Property website for posting important information (instructions, schedule appointments, 90 day release procedures, packaging manual, etc.). Develop Field Receipt to provide the public instructions on claiming property. 111. 130 Days (June 1. 2017- November 30. 2017): a. Acquire a Sergeant for Quartermaster. This Sergeant will replace the Property Manager who was reassigned to the Property and Evidence Unit on 6/15/17. b. Close B and C Shift. i. Equipment (lockers) must be delivered by 9/30/17 to facilitate shift closure. ii. Bid for days off and hours by 10/1/17. 1. Conduct a strength and weaknesses analysis to determine assignments. iii. Create a Disposition Team to research the eligibility of items for purging. iv. Create a packaging manual (needs to be created prior to shift closure). v. Install six desktop computers and electronic drops (requested) to accommodate additional employees working at the same time. City Clerk Action Plan to Restructure Property Unit (Continued) Page 3 Submitted into the public record f9r iterp(s) `j p 4 on 1 / 11 / 1,0 . City Clerk c. Begin full inventory by 10/31/17. d. Restructure the Confiscation Team and purging process. e. Revise and implement recommended policies and Standard Operating Procedures (purging, inspections, "Unable to Locate" files, phased inventory schedule, internal audit, Administrative Close Out.). f. Create training curriculum for new employees to include: i. IAPE Training Course ii. In-service Training Course will include the following topics: 1. Leadership 2. Gun Safety 3. Taser Safety 4. Biohazards/Hazardous Materials/Blood-borne Pathogens 5. Ethics 6. Evidence Management System Overview 7. Packaging Procedures 8. Departmental Orders/Standard Operating Procedures 9. Procedures for lifting heavy items g. Purchase FileOnQ Management System if Grant is not awarded. i. Go paperless. • 270 Days (June 1, 2017-February 28, 2018): a. Implement Property Evidence Training Curriculum for Property personnel. i. Train Property personnel for standardization. b. Train employees on the use of the FileonQ evidence management system. V. 365 Days (June 1. 2017- Mav 31.. 2018): a. Train Officers on Property Procedures (i.e. Disposition letters, packaging manuals, field property receipts, out to court policies, Property Unit website/intranet, Property correction procedures/notices, Right to Refusal). i. Post academy orientations ii. Centralized Roll Calls iii. Intranet iv. Display monitor outside of Property b. Contact the State Attorney's office to seek permission for an "Administrative Kill". An "Administrative Kill" would allow the Property Unit to destroy evidence and property that is older than a specified date. Items held due to a warrant or appeal cannot be destroyed. DC:de Submitted into the public record f r ite (s) 5Q, 6 on I/ 11 / W , City Clerk CHAPTER i Organizational Placement, Staffing and Training Chief of Police Rodolfo Uanes is the CEO of the Miami Police Department, which is comprised of approximately 1,300 Sworn Officers and 500 civilians. Major Dana Carr who reports to Assistant Chief Ronald L. Papier directly oversees the Property Unit. The Property Unit is within the Administration Division of the Department. The content of this report is only specifically addressing the Property Unit as it pertains to the handling of general property and evidence, not vehicles, mail / supply and quartermaster duties. ISSUES IN NEED OF. CORRECTION - CHAPTER 1 • Staffing Scheduling (24 hour operation). • Sworn Officers assigned to Property Unit. • Massive backlog of aged evidence. • Ineffecient flow of evidence. • Lack of statistical data to make informed resource decisions. orioct tternent Standard: To prevent a perceived conflict of interest, as it pertains to the disposition of properly or evidence, the Property Unit should be placed organizationally in a neutral arena, such as a Services or Administration Division. The Property Specialist should be the guardian of the property, not the collector of evidence or the decision maker regarding the disposition of properly or evidence. An exception is necessary for smaller agencies that may not have an Administration or Services Division. Defirai:`ion: Organizational Placement refers to the authority lines and reporting relationships affecting the Properly Unit. Recisonira: Law enforcement agencies recognize the fact that managers hold some elements of formai and informal control over the supervisors reporting to them. The supervisors, in turn. have the same influences over their subordinates. The Property Unit's organizational placement can greatly impact its independence and credibility. The Property Unit should be organizationally separate from patrol and investigation functions. Patrol personnel seize and book most property/evidence, and investigating officers are generally responsible for the authorization to dispose of property or evidence. Chapter 1 Miami Police Department Audit Report Page 1 of 21 Evidence Control Systems, Inc.' 2017 Submitted into the public record f9r ite}n(s) `)c , on C I I 1 i . City Clerk comes to an end. Extending the day by two hours can provide two hours of disposal time that may not have been possible on an eight -hour shift. This sample 4/10, consolidated schedule for the Counter Detail reduces the number of supervisors necessary to oversee employees, by having the Supervisor work an 8-hour shift, while the line level works a 10-hour shift. The condensed hours allow for the redistribution of line level personnel to details overseeing property disposition. Detail Rank Days On Time Counter Team A 1-Supv Mon -Fri 0800-1600 3-PS Mon-Thur 0700-1700 Counter Team B 3-PS Tue-Fri 0700-1700 This schedule is with the assumption the counter hours are M-F from 0700-1700. The change reduced the number of Supervisors overseeing the Counter Detail from three (3) to one (1) and reduced the line staff by three (3). A total of five (5) employees could be moved to the Confiscation Detail and/or Vault/Warehouse Detail to expand their hours to a 4/10 operation. 1.6.2 Staffing — Work Schedule - Public Finding: The Miami Police Department Property Unit is currently opened to the public 0800 to 1600 hours, Monday through Friday. Meets Recognized Professional Practices... .................No Change Necessary Recommendations/Options: No changes are recommended. 1.6.3 Staffing — Work Schedule — Overtime Finding: According to the staff, the Miami Police Department has been utilizing regularly scheduled overtime to cover for the personnel shortage. Pto Standards or•Recognized Professional Practices...;.Observation and lRecot-rrn. rtendafion Recommendations/Options: E.C.S. urges the administration to utilize the continuation of overtime as long as the personnel shortages continue. Chapter 1 Note: Once a department falls behind on purging there is no way for correcting it without an infusion of additional labor and overtime. Miami Police Department Audit Report Page 13 of 21 Evidence Control Systems, Inc. m 2017 Auto Pound Detail O(c. C. Deresnedec r; Submitted into the jL_Lpublic record f r ite (s) l City Clerk on PROPERTY AND EVIDENCE MANAGEMENT SECTION ORGANIZATIONAL CHART Sgt. Moreno DlsposIGou temu P51.5. i White PSII. M. P51. D. aratsn•Pollard Melton • PSI. T.Grier P51.). Gonzalez %. PSI. M. P51 Georee (VACANT) Property/Evitlencu ,_____......._ ..._. Unit Lt. Seuntirla PRP. MGR. Andel son j David Dane 1 Counter Derail 1 __ Front Counter • •, Reviewer P51). M. Pierre PSII. L. WRson•Smlth OFc. ). Green P51. C P5). 5. 1SriffIn Harris appoMlmee sauce Confiscation Detail f Major Carr I . ! r ANI.Sele•a Ramjattan P511. C erathmalts I .. • Sgt. 5. �t.1 JeatFPofa 1 1 TO). A. Ross P5) (VACANT) C PSI. R. -O'Neal PSI. 2. Innccant PSI (VACANT) Ofc.F. Cenat Warehouse/ Vault Detail 1 PSII. A. Jehroa- Garner PSI. L P51.1. Houston Lenez PS1.T. 1. (PSI) Miner VACAtrr Quartermaster/ Fleet Unit [l.t. It13 Burrows Fleet Liaison Detail Ofc.O. Mocornbe AAL 1. Dersar TC11. ). Forma Aaountina Detail Accountant L Rivera ..ir: Quartermaster _�._ Mall and office Detall Supply Defoe P5). T, Shelton PSI. C. Campbell P5). S. Martinez •^ Stock CIL a. Zayon•Mard P5). PSL N. Clark P5t)./olden PSI.T. DON j .1 Labor Relations reviewed 1/30/2019 1VE �aE i —rlg R 19 2019 DEPARTMENTAL DISCIPLINARY REVIEW BOARD Employee: Classification: of Miami Police Department Submitted into the public record f i item s) on / City Clerk REPRIMAND Miguel Canario P.I.N. 28100 Police Officer Assignment: Special Investigations Section NARRATIVE: (If mom space is needed, use additional pages) On October 15, 2018, Officer Miguel Canario #28100 was placed on approved Family Medical Leave Act (FMLA) at his request by Health Services Sergeant Marcel Jackson #27416. Officer Canario was approved for FMLA starting on October 15, 2018, till January 12, 2019 and was scheduled to return to work on January 14, 2019. During the time Officer Canario was on FMLA, he was carried "V" (Vacation) and "I" (Illness) for payroll purposes. On October 15, 2018, through January 12, 2019, while Officer Canario was on FMLA, he submitted a total of twenty-one (21) court overtime slips to the Court Liaison Unit for court attendance. Officer Canario was monetarily compensated for a total of sixty-four (64) hours of court overtime, while being carried on FMLA status during his court attendances. Officer Canario also failed to accurately list his actual work status on nineteen (19) of the twenty-one (21) overtime slips as "I". Officer Canario instead erroneously wrote in his duty hours as 1000-2000 on nineteen court overtime slips, which qualified him to be compensated for fifty-eight (58) hours of court overtime. Page 1 of 2 Distribution: Authored by: Sergeant / Supervisor: Lieutenant: Captain: Commander: Major: Assistant Chief: Deputy Chief of Police: Chief of Police: SIGN P.LN. DATE Disciplinary Detail Employee Police Personnel File Internal Affairs Employee Relations (Original) Civil Service (if applicable) k. '"- C015 9 =1 C, I 11 Sde • 2la C 2/; �/�% i-t. Co?. Sr 2.14 1 t 1 �,, / (� 7261 Z /b /1T `per 0414,7 :. 3 J27 //7 2 S Employee MUST initial his/her choice for each statement below. 1) I AGREE or I DISAGREE / WITH THE FACTS AS STATED. 2) I AGREE or I DISAGREE ✓ W1TH THE RECOMMENDED PENALTY. DDRB HEARING REQUEST (SWORN ONLY)- To request a Departmental Disciplinary Review Board (DDRB) hearing, you must submit a written request to the Labor Relations Unit Commander within 10 working days from the date this document is received and signed. Failure to do so will constitute a waiver of this entitlement. Employee Signature: P.I.N.: 1O67 DATE: 2 4 G bei REPRIMAND (Continuation) Employee: Submitted into the public record ord f9 `it r�a(s) _5 y. on1 '1,t) City Clerk Page 2 of 2 Miguel Canario 28100 Officer Canario is found to be in violation of the following Miami Police Departmental Orders: No:"1_'.i9S}:t1I1VD tSZ.L'."i Departterital Order 6, Chapter 1, Personnel and Payroll: 1.4.7.9 .Unauthorized Overtime: Employees in below listed status shall not be eligible to receive overtime for attending court or other proceedings arising out of the course of their official duties: "I" "D" "ML" „L_„IW, „i " Departmental Order 5, Chapter 4, Court Procedures: 4.4.6.3 Members are responsible for ascertaining that the Court Attendance Report is completed thoroughly and accurately. This includes an indication in the appropriate box showing whether or not the member testified. When a member states that they did testify in a proceeding, this means that they were sworn in and actually gave information (testimony) on the case in a judicial procedure. Simply speaking to an attorney (prosecutor or defense) or judge does not mean testifying. If the member did not testify, they shall explain the reason on the front of the attendance report. The court disposition area will be marked accordingly and if a case has been no actioned, case cancelled, or case closed, an explanation will be written in the space provided. When a case is completed, the evidence/property disposition boxes will be completed with an authorizing signature from either the courts or State Attorney's Office, along with the signature of the Property Unit indicating that the property was returned or disposed with. Incomplete or incorrect attendance reports shall be sent to the employee for correction. The corrected report will then be returned to Court Liaison by the employee's unit. I also find Officer Canario in violation of the following City of Miami Civil Service Rules and Regulations: Rule 14, Sec. 14.2. Grounds for Dismissal. Suspension and Demotion. The following are declared are to constitute a breach of duty and to be grounds for dismissal or suspension from the classified service or grounds for demotion, though charges may be based upon causes other than those enumerated; viz, that any employee who has been guilty of conduct unbecoming any employee of the City of Miami, who: (e) Has violated any lawful and reasonable official regulation or order, or failed to obey any lawful or reasonable direction made and given by his/her superior, where such violation or failure to obey amounts to: (2) a serious breach of proper discipline. APR 17 2019 MIAM' POLICE .1 o, fc&0F THE DEPUTY CHIEF , Due to Officer Miguel Canario's failure to adhere to the listed Miami Police Departmental Orders and the City of Miami Civil Service Rules and Regulations, I recommend that this Reprimand become a permanent part of his personnel file. MPD RF-37 Rev. D1118 Submitted into the public record fir i e}n�s) 4)c) (.1on J �� Z0�9 City of Miami Police Department 6ig-131 DEPAR s EN4TAL DISCIPLINARY REVIEW BOARD Employee: Classification: NARRATIVE: (If more space is needed, use additional pages) A review of the Omni CRA overtime funds for fiscal year 2017/2018 revealed several discrepancies. The review revealed that the fund allocation was disproportionally distributed to supervisory personnel to include the Downtown Beat Lieutenant and the three (3) Downtown Beat Sergeants. Lieutenant Andres Valdes #7330 routinely worked shifts that violated the 16 hours a day and accumulated weekly totals that eclipsed the 36 hours per week limit set forth in our policy. It should be noted that adequate supervisory presence is a sound strategy when conducting overtime details; however, this disproportional distribution allowed by Lt. Valdes "Alto the supervisory personnel working hours in violation of Miami Police Departmental policy. In addition, the review revealed a subsequent violation involving overtime slip submittal. A breakdown of pay period overtime submissions revealed Lieutenant Valdes withheld 32 overtime slips for work performed as a Sergeant during the period of October through December 2017, which he then submitted during 3 different pay periods after he was promoted to a Lieutenant in Jan 2018. The late submittal of overtime slips allowed Lieutenant Valdes to receive unfair compensation as a Lieutenant for work performed as Sergeant. REPRIMAND Andres Valdes P.I.N. 7330 City Clerk Police Lieutenant Assignment: FOD/SDSS/Coral Way NET Page 1 of 4 Distribution: Authored by: Sergeant / Supervisor: Lieutenant: Captain: Commander: Major: Assistant Chief: Deputy Chief of Police: SIGN P.1.N. DATE Disciplinary Detail Employee Police Personnel File Internal Affairs Employee Relations (Original) Civil Service (if applicable) �� AC'_� 1..�' C/S4 c)/t//5 y6/./ 1 14G Ira, v1`/i9' Employee MUST initial his/her choice for each statement below. 1) I AGREE 2) I AGREE or I DISAGREE 1 DISAGREE WITH THE FACTS AS STATED. WITH THE RECOMMENDED PENALTY. DDRB HEARING REQUEST (SWORN ONLY)- To request a Departmental Disciplinary Review Board (DDRS) hearing, you must submit a written request to the Labor Relations Unit Commander within 10 working days from the date this document is received and signed. Failure to do so will constitu a-waiver-oLthis entitlement. Employee Signature: -- jE� P.LN.: 93ae DATE: 54.'1(/�! REPRIMAND (Continuation) Page 2 of Employee: 4 Andres Valdes Submitted into the public record f9r ite (s) 5va 6 on \ / 11 /7,0 . City Clerk P.l.N. 7330 On the following weeks, Lieutenant Valdes working excessive hours were as follows: 04/29'-05/05/18 05/06 -05/12/18 05/13/-05/19/18 05/20 -05/26/18 05/27 -06/02/18 06/03 -06/09/18 06/17 -06/23/18 07/0I /-07/07/18 07/15-07/21/I8 07/29-08/04/18 08/05 -08/11/18 08/19 -08/25/18 08/26-09/01/18 09'09 -09/15/18 a total of 51 hours of Overtime a total of 59 hours of Overtime a total of 46 hours of Overtime a total of 62 hours of Overtime a total of 48 hours of Overtime a total of 49 hours of Overtime a total of 40 hours of Overtime a total of 36 hours of Overtime a total of 42 hours of Overtime a total of 65 hours of Overtime a total of 39 hours of Overtime a total of 67 hours of Overtime a total of 54 hours of Overtime a total of 39 hours of Overtime Lieutenant Valdes, as the commanding officer of the Downtown Beat Unit, should have ensured his personnel were adhering to all directives and policies, instead he allowed the personnel under his command to work unrestricted overtime which led to numerous policy violations. Therefore, Lieutenant Valdes is found to be in violation of the following City of Miami Departmental Orders. Departmental Order 1, Chapter 11, Rules and Regulations: 11.4.1 General Rules for Commanding Officers, Sergeants. and Other Supervisors: All personnel have authority and responsibility commensurate with their position. All members will be responsible and accountable for the use of delegated authority. 11.4.1.1 Assignment: A commanding officer is a superior officer assigned or designated by the Chief of Police to exercise command and supervise a particular organizational element (division, section, unit, or detail) of the Department. Helshe is subject to the orders of the Chief of Police or a superior officer; however, the Chief of Police is always in charge of and responsible for all police activities in all organizational elements. Divisional commanding officers shall administer and supervise the work of members and civilian employees (of the Department) under their command, with the aid of subordinate ranking offcerp, asthe need may bz heme sI_,.pii. keep. themselves informed ()Lan ,activities within their respective span of control, be aware of factors impacting upon their function, and make recommendations to the Chief of Police when necessary to effect the general efficiency of the Department. 11.4.5.5 Commanding Officer to Set Example For Subordinates: To assure success in the performance of the basic duties of members and civilian employees, it is imperative that the commanding officer set examples for subordinates in energy, morality, sobriety, courtesy, courage, skill, discipline, and professionalism. 1-s . , - MPO RF-37 Rev. 05/94/2018 REPRIMAND (Continuation) Employee: Page 3 of 4 Andres Valdes Submitted into the public record f r ite (s) jQ , b on City Clerk 7330 11.4.5.6 The Commanding Officer Must COMMAND: Commanding officers must not perform the work of subordinates. They must see that subordinates under their authority are properly instructed and supervised. 11.4.5.7. Responsibility to Know Rules and Regulations: Policies and procedures delineated in this Order of Rules and Regulations apply to all personnel, as designated, and are issued for the purpose of effecting departmental standardization. Supervisors are charged with the responsibility of acquiring a thorough knowledge of the subject matter contained herein and with complying and enforcing strict compliance therewith. No set of Rules and Regulations is workable or effective unless there is complete accord on the part of the supervisory officers in complying with and enforcing them. Superior officers should frequently instruct subordinates to exercise due diligence and zeal in the enforcement of the Rules and Regulations issued therewith. 11.4.6.1 Responsible for Discipline: A superior officer is responsible for the order, conduct, and discipline of his subordinates. Discipline is the orderly, professional conduct of business, the desirable behavior from which it results, and the method of controlling such behavior. The ability of the Police Department to obtain desirable results is dependent, to a great degree, on the ability of superior officers to convince their subordinates that they must obey orders, observe rules and regulations, and adhere to departmental policies and procedures. 11.4.6.2 Responsible for Enforcement of Rules and Regulations: Superior officers shall be responsible for the enforcement of the Rules and Regulations, for compliance with department policies and procedures, and for the maintenance of strict discipline. They shall give close attention to this duty to render it unnecessary for a complaint to be lodged before action is taken, whenever possible. They will take suitable action on the discovery of any failure, error, violation, misconduct, or neglect of duty by a subordinate; and they shall act as promptly as circumstances will allow. 11.6.1.2 Members and Civilian Emplovees to Know Rules and Regulations: It shall be the duty of all members and civilian employees of the Police Department to thoroughly familiarize themselves with such provisions of the Rules and Regulations that deal specifically and generally with the duties of their rank, grade, or position. This should occur within ten days from the date of issuance. Within thirty days of issuance, every member and every civilian employee shall familiarize himself or herself with all the provisions of the Rules and Regulations. Failure on the part of any member or civilian employee to acquaint himselffherself with the provisions of the Rules and Regulations, as hereby directed, shall be considered negligence of duty and subject to disciplinary action. 11.6.17 Disciplinary Action - General Offenses: A member or civilian employee of the Department found guilty of violating a rule, regulation, provision of a general or special order, or any of the offenses below, or upon conviction in a court having criminal jurisdiction, shall be subject to reprimand, suspension, dismissal, or suffer other disciplinary action as the Chief of Police may impose. 11.6.17.2 Disobedience of Standard Operating Procedures, General Orders, Rules and Regulations, or any other official directive. MPD RF-37 Rev. 05104/2018 REPRIMAND (Continuation) Employee: Submitted into the public ff record for ite (s) J : . U on 1 / V it Lt . City Clerk Page 4 of 4 Andres Valdes 7330 11.6.17.30 Neglecting to report anv member or civilian employee of the Department known to be guilty of a violation of any rule, regulation, order, or any other directive issued for the guidance of the Department, where such violation would bring discredit to the member, the civilian employee and/or the Department. 11.6.17.39 Anv other act or omission contrary to good order and discipline which constitutes a violation of any of the Rules and Regulations, procedures, and other directives of the Department. 1.6 General Rules and Responsibilities of Employees Working Extra Duty: 1.6.8 Members are prohibited from working more than sixteen (16) hours during a (24) hour period. The (16) hour maximum will include a combined total of extra duty and on duty working hours. The total extra duty hours worked during a given work week (Sunday through Saturday) shall not exceed (36) hours. Any exceptions must be approved by the Special Operations Section Commander or his designee. In addition, I find Lieutenant Valdes in violation of the City of Miami Civil Service Rules and Regulations: Rule 14, Sec. 14.2. Grounds for Dismissal. Suspension and Demotion. The following are declared are to constitute a breach of duty and to be grounds for dismissal or suspension from the classified service or grounds for demotion, though charges may be based upon causes other than those enumerated; viz, that any employee who has been guilty of conduct unbecoming any employee of the City of Miami, who: (k) Is incompetent, negligent, or inefficient in the performance of the duties of the position held. Lieutenant Valdes failed to lead by example; therefore, recommend that Lt. Valdes receive a reprimand and a permanent part of his personnel file. r o ause of his actions and violations, I ours of forfeiture in time and it becomes MPD RF.37 Rev. 05/04/2018