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HomeMy WebLinkAboutSubmittal-Stanley Jean-Poix-Miami Community Police Benevolent Assoc. PacketSubmitted into the public record for item(s) sPi 6 on 1 f1 / t. City Clerk Sergeant Stanley Jean-Poix MCPBA President kayo �Od4-544\‘\\11\-5\1.4\\I \\ee.4\-pox-1\1\kGunk Qu*1/44104,s1\-1p�\it Sbettvo�ei\ksia,.QGc,\ke4 Submitted into the public record f ite s) 5{3, t) on �. City Clerk Letter from President As the president of the Miami Community Police Benevolent Association, an organization with 73 years of union related history within the City of Miami Police Department and representing hundreds of current and retired members of multiethnic heritages (sworn and civilian), I respectfully submit this letter as our official notice regarding a position of "No Confidence" in City of Miami Police Chief Jorge Colina. I write this letter with great hesitation, understanding the implications of what a position of this posture brings, which may include retaliation that is either subtle or overt if Chief Colina remains. However, I remain steadfast at calling into question Chief Colina's ability to lead, supervise, be impartial, discipline and direct our police department for a multitude of reasons. It is my belief that not only will the employees benefit from this action but our stakeholders, the many hundreds of thousands of residents, business owners and visitors, will be the ultimate victors. Over the past year, my members and I have become increasingly disheartened by Chief Colina's actions and at times the lack there of. He has tested our belief in what leadership should be. We have brought to his attention numerous incidents that involve desperate discipline, violations of training protocols, violations of internal affairs protocols, violations of departmental policies, and violations of state and federal laws, to little or no avail. Chief Colina's behavior is one that is a negligence of duty, an inattention to proper protocol, a failure to protect and a violation of public trust. He has allowed the Internal Affairs Division to be used as a weapon against City employees and citizens alike. He has not exercised authority or discipline over persons who he favors that have violated departmental, lawful or ethical standards. Chief Colina's actions have become those of a liability to the City of Miami, which threatens the possibility of civil litigation. I submit this letter requesting that our voices be heard regarding our "No Confidence" in Chief Jorge Colina and ask for his prompt dismissal as Chief of Police. Skate', 57eaa - Poix MCPBA President 1 Submitted into the public record fc[ it 5 on t , 11 L . City Clerk MCPBA History In 1944 five black men became the City of Miami's first black patrolmen. They were denied the rights that were given to their white counterparts. One of those rights was to join the local PBA. It was with courage and tenacity that those very men decided to make history. They founded the Miami Colored Police Benevolent Association (MCPBA) in 1946. The MCPBA's goals included relief of the poor, advancement of education, the erection of public buildings and monuments, lessening the burdens of government and neighborhood tensions, eliminating prejudice and discrimination, defense of human rights, combating community deterioration and juvenile delinquency. Throughout the years the organization has been faced with monumental tasks. It was evident when they took on the struggle to insure that minorities had equal rights. The MCPBA took the City of Miami, the Fraternal Order Of Police and the Police Benevolent Association to Federal Court in March 1977. The court entered a Consent Decree, which regulated the hiring practices, promotional practices and record keeping practices of the police department. It was one of the MCPBA's finest hours. Over the years the MCPBA has continued to fight for the rights of officers and made it a priority to make the community of Miami a better place to live. To date the MCPBA, who changed its name to the Miami Community Police Benevolent Association, has over 300 members of various ethnic backgrounds and is proud to be the nation's second oldest black police officers organization. 2 Table of Contents 1. Cover Page 2. Letter from President 3. MCPBA History 4. Table of Contents 5. Executive Summary 6. Incident Summaries 7. Resolutions 8. Supporting Documents 3 Submitted into the public record foj ite (s) C)Q , `, on j / r 1%ZO . City Clerk Executive Summary Submitted into the public record fp r iteyi(s) 5P, b on / 11 / L , City Clerk The following document contains summaries of incidents involving negatively impactful actions carried out by City of Miami Police Department Staff members and Executive members against their subordinates. This document will also contain the violations committed by the listed staff members and executive members, along with supporting documentations and a resolution. Supporting materials were gathered from official public records requests and other public searches available at large. 4 Submitted into the public on record r it . INCIDENT SUMMARIES Detective Fignole Lubin Incident 1 City Clerk Det. Fignole Lubin was the lead detective on homicide case number 180408-0026890, where two black males were murdered. Three (3) suspects were arrested without checking all of the suspects alibis. The suspects were unarrested. The homicide case has stalled because of it. Note: The MCPBA contacted Chief Colina on August 6, 2018, to express their concerns for the lack of investigative experience in the Homicide/CID chain of command, to include Lt. Ricky Lopez, Major Eric Gonzalez and Assistant Chief Melancon, which led to this action. Chief Colina blamed the witnesses. The MCPBA presented Chief Colina with the names of homicide lieutenants that were capable of commanding the Homicide Unit. He refused to take it under advisement. Detective Fignole Lubin Incident 2 Det. Lubin subsequently became the subject of a hostile work environment involving racial and age discrimination as well as repeated requests to retire by his Sergeant. Det. Lubin was also ridiculed in the face of his victim's families. Det. Lubin confronted his supervisor about his actions. He advised his lieutenant about his sergeant's actions, to no avail. Det. Lubin was given a verbal notice that he would be transferred out of the Unit and subsequently transferred out. Note: The MCPBA attempted to talk to Chief Colina regarding this incident. Chief Colina advised that he would follow-up but never did. Det. Lubin filed a Hostile Work Environment Case. On September 9, 2019, the MCPBA was informed by EO Sergio Diaz that Det. Lubin would eventually be asked to come back to the Unit by Assistant Chief Gause. Executive Officer Diaz further stated that Det. Lubin was brought back after a City Atty. reviewed his case. Detective Ezra Washington Det. Ezra Washington was the victim of a racially charged document secretly being placed on his desk. Det. Washington became instantly offended and spoke to Lieutenant Ricky Lopez. Det. Washington, although offended, initially wanted to talk to the offending author of the document with Lt. Lopez present. Lt. Lopez did not ensure his request was fulfilled. Det. Washington followed up with Lt. Lopez numerous times as to the actions he was going to take. No actions were taken. Det. Washington contacted the MCPBA, who in turn contacted Chief Colina. Chief Colina said that he would follow up with this and never did. 5 Submitted into the public, record fqr iteyn(s) ` )' , L on . City Clerk Lieutenant Ramon Carr Incident 1 Lt. Ramon Carr experienced a hostile work environment by Captain Winsor Lozano and Major Jose Rodriguez. Lt. Carr advised Assistant Chief Dennis Jackson numerous times to no avail. Lt. Carr then began to experience a hostile work environment by Assistant Chief Jackson. Lt. Carr contacted Deputy Chief Ronald Papier on December 12, 2018, regarding his hostile work environment from his chain of command. Deputy Chief Papier stated that he would get back to him. After 3 and a half months with no response from the Deputy, Lt. Carr contacted Human Resources to make a hostile work environment case on April 5, 2019. This case remains open. Lieutenant Ramon Carr Incident 2 Lt. Carr was told by Chief Colina, Executive Officer Sergio Diaz and Major Esther Farmer on August 27, 2019, that for months Assistant Chief Jackson tried to open his injury case (December 2006) to have him fired. Major Farmer told Lt. Carr that representatives from the Miami Riverside Center Administration Building refused to get involved to assist Assistant Chief Jackson in this effort. Major Dana Carr Major Dana Carr advised the City Manager's Office that she was experiencing a hostile work environment from ChiefJorge Colina, Deputy Chief Ronald Papier, Assistant Chief Luis Melancon and Assistant Dennis Jackson. Her case was investigated by Major Armando Aguilar. Major Carr's case was closed without Major Aguilar interviewing anyone. Major Carr was advised by Lt. Ramon Carr that during a meeting he and Sgt. Stanley Jean-Poix had with Chief Colina and Executive Officer Diaz on August 27, 2019, that for months AC Jackson was trying find ways to have her demoted to her civil service rank. On January 8, 2020, Chief Jorge Colina demoted Major Carr to Captain, her civil service rank, without giving a cause. Major Jesus Ibalmia During Major Jesus Ibalmia's tenure as the commander of the Internal Affairs Division, he did not exercise ethical leadership over the Division. He has allowed nearly 200 cases to exceed 180 days (FSS 112). In 2017-64 cases, 2018-115 cases and in 2019-13 cases (Jan to Aug). He has further allowed the inadequate supervision or lack of thoroughness in the investigation of several cases, to include: a case involving a motorcyclist who died on the McArthur Causeway, while allegedly being chased by a City of Miami Police Officer and a case involving an Off Duty Police Officer allowing a stripper to dance and fall off the hood of his police car. Major Ibalmia's actions causes mistrust in the community, prevents officers from being punished or be exonerated for incidents and causes a potential liability for the City of Miami and its residents. 6 Submitted into the pubiicp record f r itejn(s) i on 'i 111 %� . City Clerk Chief Jorge Colina Jorge Colina as Chief of Police has the responsibility for the legal, moral, ethical and transparent day to day operation of the department. He has had some leadership failures in the areas of Training, Discipline, Supervisory Assignment and Internal Affairs. His actions potentially leaves the City of Miami and its residents vulnerable to civil liability. Some of his known actions are described below: Chief Colina's Leadership As the Major in the Internal Affairs Division, March 2014, Chief Colina signed a reprimand to terminate, then Sergeant Jean Paul Gulliot. Sergeant Gulliot was terminated for Abusive Treatment, False Arrest and Misconduct. He was also accused of numerous other incidents to include: Untruthfulness and Filing a False Report. Sergeant Gulliot won his job back; however, he received a discipline of a 120 hour suspension. As the Chief, Chief Colina assigned Lt. Gulliot to oversee the Police Academy after he took a supplemental Lieutenants exam after his reinstatement. Under Lieutenant Gulliot's command numerous recruits were dismissed from the academy, academy guideline were not followed and a hostile work environment claim was made. These concerns were brought to Chief Colina attention. Chief Colina refused to consider replacing Lieutenant Gulliot as the academy commander. Note: See attached IA profile, termination documents and dismissal data attached. Note: The MCPBA, out of concern for the development of future officers and Chief Colina's lack of care, contacted the Commission on Accreditation for Law Enforcement Agencies (CALEA), who was on doing an on -site assessment (July 23, 2019). Note: African Americans were dismissed at a higher rate versus Latin Americans were allowed to resign at a higher rate. Chief Colina places the City of Miami and its residents in a vulnerable position by allowing Captain Javier Ortiz to remain the commander over Units and Details which are critical to the City of Miami's image of police integrity and areas of high liability, to include: SWAT, Traffic Enforcement, Crisis Negotiation, K-9 and the Bomb Squad. Captain Ortiz has continued to prove that his actions can be a liability and can destroy the decades of community policing (i.e. settled lawsuits, etc.) Chief Colina has allowed the change of the transfer process to breed cronyism. In the past, a transfer to a specialized unit required an educational component, some job knowledge and a good internal affairs file. That has changed. The new process allows the specialized unit commander to simply select whomever they want without an adequate vetting process. Chief Colina refuses to consider additional alternatives. Chief Colina has allowed Major Ibalmia and the Internal Affairs Division to allow nearly 200 cases to exceed 180 days in 2017, 2018 and 2019, without repercussions. 7 Submitted into the public record fpr itep(s) 4. 6 on l / 1 !1 . City Clerk Chief Colina was aware of a plot to create a Hostile Work Environment by AC Jackson directed towards Major Dana Carr and her husband Lieutenant Ramon Carr. Chief Colina demoted Major Carr without giving a cause. Chief Colina signed off on a reprimand and lowered the penalty of a Lieutenant who violated City of Miami off duty work policies 14 times. The Lieutenant also held 32 overtime slips until he was promoted to a higher rank to be paid at a higher rate of pay. The Lieutenants actions should have been an Internal Affairs investigation and submitted to the State Attorney's Office for review because of the nature of the incident. This did not occur. Chief Colina has not put forth an earnest effort in regards to renaming the Police College after Retired Chief Clarence Dickson. 8 Submitted into the public record fpr itejn(s) 5F , b on i i i i i i i i City Clerk Resolutions 1. Chief Colina should be dismissed as police chief for violating Departmental Orders, Administrative Policies, Civil Service Rules, and State and Federal laws. A document should be placed in his permanent file noting his conduct. 2. A nationwide search for a new police chief should be conducted. The candidate should be ethical, transparent, equipped to lead, with strong leadership values, leads with integrity and respects the diversity of the department and city of Miami. 3. Deputy Chief Papier should be demoted to his civil service rank and disciplined in accordance with the Departmental Orders, Administrative Policies, Civil Service Rules, and State and Federal laws he violated. A document should be placed in his permanent file noting his conduct. 4. Assistant Chief Melancon should be disciplined in accordance with the Departmental Orders, Administrative Policies, Civil Service Rules, and State and Federal laws he violated. A document should be placed in his permanent file noting his conduct. 5. Assistant Chief Gause should be disciplined in accordance with the Departmental Orders, Administrative Policies, Civil Service Rules, and State and Federal laws she violated. A document should be placed in her permanent file noting her conduct. 6. Assistant Chief Morales should be disciplined in accordance with the Departmental Orders, Administrative Policies, Civil Service Rules, and State and Federal laws he violated. A document should be placed in his permanent file noting his conduct. 7. A document should be placed in the permanent file noting the conduct of retired Chief Jackson in accordance with the Departmental Orders, Administrative Policies, Civil Service Rules, and State and Federal laws he violated. 8. Major Jesus Ibalmia should be disciplined in accordance with the Departmental Orders, Administrative Policies, Civil Service Rules, and State and Federal laws he violated. A document should be placed in his permanent file noting his conduct. 9. Major Eric Gonzalez should be disciplined in accordance with the Departmental Orders, Administrative Policies, Civil Service Rules, and State and Federal laws he violated. A document should be placed in his permanent file noting his conduct. 10. Major Jose Rodriguez should be disciplined in accordance with the Departmental Orders, Administrative Policies, Civil Service Rules, and State and Federal laws he violated. A document should be placed in his permanent file noting his conduct. 11. Major Um Set Ramos should be removed as the Commander of the Training Division and reassigned. 12. Major Armando Aguilar should be disciplined in accordance with the Departmental Orders, Administrative Policies, Civil Service Rules, and State and Federal laws he violated. A document should be placed in his permanent file noting his conduct. 9 Submitted into the publlliic, record f r ite (s) on City Clerk 13. Major Thomas Carrol should be disciplined in accordance with the Departmental Orders, Administrative Policies, Civil Service Rules, and State and Federal laws he violated. A document should be placed in his permanent file noting his conduct. 14. Reinstate Captain Dana Carr to the rank of Major for demotion without cause. 15. Executive Officer Sergio Diaz should be disciplined in accordance with Departmental Orders, Administrative Policies, Civil Service Rules, and State and Federal laws he violated. A document should be placed in his permanent file noting his conduct. 16. Commander Fernandez should be disciplined in accordance with the Departmental Orders, Administrative Policies, Civil Service Rules, and State and Federal laws he violated. A document should be placed in his permanent file noting his conduct. 17. Captain Winsor Lozano should be disciplined in accordance with the Departmental Orders, Administrative Policies, Civil Service Rules, and State and Federal laws he violated. A document should be placed in his permanent file noting his conduct. 18. Captain Javier Ortiz should be disciplined in accordance with the Departmental Orders, Administrative Policies, Civil Service Rules, and State and Federal laws he violated. A document should be placed in his permanent file noting his conduct. He should be removed as the Deputy Commander of the Special Operations Section and reassigned. 19. Lt. Ricky Lopez should be disciplined in accordance with the Departmental Orders, Administrative Policies, Civil Service Rules, and State and Federal laws he violated. A document should be placed in his permanent file noting his conduct. He should be removed as the Homicide Commander and reassigned. 20. Lt. Jean Paul Gulliot should be removed as the Commander of the Training Academy and reassigned. 21. Sgt. Hilda Hinterschid should be disciplined in accordance with the Departmental Orders, Administrative Policies, Civil Service Rules, and State and Federal laws she violated. A document should be placed in her permanent file noting her conduct. She should be removed from the Homicide Unit and reassigned. 22. Sgt. Jose Reyes should be disciplined in accordance with the Departmental Orders, Administrative Policies, Civil Service Rules, and State and Federal laws he violated. A document should be placed in his permanent file noting his conduct. He should be removed from the Homicide Unit and reassigned. 23. Assign an experienced investigator (Lieutenant) to be the commander of the Homicide Unit. 24. MCPBA to have two permanent members they select assigned as a Detail, which ensures the ethical representation of African American Officers. 25. MCPBA to be a part of the recruitment process of African Americans. 26. MCPBA to be mentors to African American recruits in the police academy. 27. Internal Affairs investigated for their improper investigative practices by FDLE, DOJ and include the CIP and MCPBA as a part of the process. 28. Internal Affairs to follow lawful and ethical practices or be subject to progressive discipline for their failure. 10 Submitted into the public record or it9m(s) $11, 6 on Ili' ` t City Clerk 29. Create a standardized bid policy for police officers, sergeants and lieutenants in FOD, Administration and CID, where Internal Affairs profiles, education and years on the department are taken into account. The final selection of the member will be score and band. 30. Create a policy that defines criteria for potential staff members. 31. Create a policy that ensures equality in all staff member ranks. 32. Allow the MCPBA to be a part of the promotional exam creation for all ranks. 11 Submitted into the publicA record fpr on JJ �1,0 City Clerk Policy Violations Chief Jorge Colina violated the following policies and procedures as it relates to Major Dana Carr, Lieutenant Ramon Carr Incident 2, Internal Affairs (180 days case), Training Unit, Overtime incident and Leadership. • 11.4.4.3 Decision of the Chief of Police • 11.4.6 Superior Officers are accountable for all activities of employees under their immediate control. • 11.4.6.1 Responsible for Discipline • 11.6.17.9 Neglect or inattention to duty. • 11.6.17.34 Failure to take appropriate action • Admin Policy 3-81 Hostile Work environment • Admin Policy 1-03 EEO • Rule 14, Sec. 14.2. Grounds for Dismissal, Suspension and Demotion Deputy Chief Ronald Papier violated the following policies and procedures as it relates to Major Dana Carr, Lieutenant Ramon Carr Incident 2 and Overtime incident. • 11.4.6 Superior Officers are accountable for all activities of employees under their immediate control. • 11.4.6.1 Responsible for Discipline • 11.6.17.9 Neglect or inattention to duty. • 11.6.17.34 Failure to take appropriate action • Admin Policy 3-81 Hostile Work environment • Admin Policy 1-03 EEO • Rule 14, Sec. 14.2. Grounds for Dismissal, Suspension and Demotion Assistant Chief Luis Melancon violated the following policies and procedures as it relates to Major Dana Carr, Detective Fignole Lubin Incident 1, Detective Fignole Lubin Incident 2 and Detective Ezra Washington. • 11.4.6 Superior Officers are accountable for all activities of employees under their immediate control. • 11.4.6.1 Responsible for Discipline • 11.6.17.9 Neglect or inattention to duty. • 11.6.17.34 Failure to take appropriate action • Admin Policy 3-81 Hostile Work environment • Admin Policy 1-03 EEO • Rule 14, Sec. 14.2. Grounds for Dismissal, Suspension and Demotion 12 Submitted into the public reco:rd or it9m(s) on �� Ii 71 y City Clerk Assistant Chief Cherise Gause violated the following policies and procedures as it relates to Detective Fignole Lubin Incident 2 and Detective Ezra Washington. • 11.4.6 Superior Officers are accountable for all activities of employees under their immediate control. • 11.4.6.1 Responsible for Discipline • 11.6.17.9 Neglect or inattention to duty. • 11.6.17.34 Failure to take appropriate action • Admin Policy 3-81 Hostile Work environment • Admin Policy 1-03 EEO • Rule 14, Sec. 14.2. Grounds for Dismissal, Suspension and Demotion Assistant Chief Dennis Jackson violated the following policies and procedures as it relates to Major Dana Carr. Lieutenant Ramon Carr Incident 1 and Lieutenant Ramon Carr Incident 2. • 11.4.6 Superior Officers are accountable for all activities of employees under their immediate control. • 11.4.6.1 Responsible for Discipline • 11.6.17.9 Neglect or inattention to duty. • 11.6.17.34 Failure to take appropriate action • Admin Policy 3-81 Hostile Work environment • Admin Policy 1-03 EEO • Rule 14, Sec. 14.2. Grounds for Dismissal, Suspension and Demotion Assistant Chief Manny Morales violated the following policies and procedures as it relates to Overtime incident. • 11.4.6 Superior Officers are accountable for all activities of employees under their immediate control. • 11.4.6.1 Responsible for Discipline • 11.6.17.9 Neglect or inattention to duty. • 11.6.17.34 Failure to take appropriate action • Rule 14, Sec. 14.2. Grounds for Dismissal, Suspension and Demotion MalorJesus Ibalmia violated the following policies and procedures as it relates to cases surpassing 180 days. • 11.4.5.6 The Commanding Officer Must COMMAND • 11.4.6.1 Responsible for Discipline • 11.4.6.4 Reporting Misconduct • 11.4.6 Superior Officers are accountable for all activities of employees under their immediate control. • 11.6.17.9 Neglect or inattention to duty. 13 Submitted into the public record or itgm(s) y; on i'i I n City Clerk • 11.6.17.34 Failure to take appropriate action • 2.6.1.3 To pursue allegations of administrative and criminal misconduct by City employees • 2.5.20.1.1 Failure to Comply with Time Limitations Major Armando Aguilar violated the following policies and procedures as it relates to Major Dana Carr. • 11.4.6.1 Responsible for Discipline • 11.4.6.4 Reporting Misconduct • 11.6.17.9 Neglect or inattention to duty. • 11.6.17.34 Failure to take appropriate action • 2.6.1.3 To pursue allegations of administrative and criminal misconduct by City employees Major Eric Gonzalez violated the following policies and procedures as it relates to cases Detective Fignole Lubin Incident 1. • 11.4.6 Superior Officers are accountable for all activities of employees under their immediate control. • 11.4.6.1 Responsible for Discipline • 11.6.17.9 Neglect or inattention to duty. • 11.6.17.34 Failure to take appropriate action • Rule 14, Sec. 14.2. Grounds for Dismissal, Suspension and Demotion Major Jose Rodriquez violated the following policies and procedures as it relates to Lieutenant Ramon Carr Incident 1. • 11.4.6 Superior Officers are accountable for all activities of employees under their immediate control. • 11.4.6.1 Responsible for Discipline • 11.6.17.9 Neglect or inattention to duty. • 11.6.17.34 Failure to take appropriate action • Admin Policy 3-81 Hostile Work environment • Admin Policy 1-03 EEO • Rule 14, Sec. 14.2. Grounds for Dismissal, Suspension and Demotion Major Thomas Carrol violated the following policies and procedures as it relates to Overtime incident. • 11.4.6 Superior Officers are accountable for all activities of employees under their immediate control. • 11.4.6.1 Responsible for Discipline • 11.6.17.9 Neglect or inattention to duty. 14 Submitted into the public record f r it (s), on 1 1 " City Clerk • 11.6.17.34 Failure to take appropriate action • Rule 14, Sec. 14.2. Grounds for Dismissal, Suspension and Demotion Commander Jose Fernandez violated the following policies and procedures as it relates to Overtime incident. • 11.4.6 Superior Officers are accountable for all activities of employees under their immediate control. • 11.4.6.1 Responsible for Discipline • 11.6.17.9 Neglect or inattention to duty. • 11.6.17.34 Failure to take appropriate action • Rule 14, Sec. 14.2. Grounds for Dismissal, Suspension and Demotion Executive Officer Sergio Diaz violated the following policies and procedures as it relates to Major Dana Carr and Lieutenant Ramon Carr Incident 2. • 11.6.17.9 Neglect or inattention to duty. • Admin Policy 3-81 Hostile Work environment • Admin Policy 1-03 EEO • Rule 14, Sec. 14.2. Grounds for Dismissal, Suspension and Demotion Captain Winsor Lozano violated the following policies and procedures as it relates to Lieutenant Ramon Carr Incident 1. • 11.5.3.9 Work in Harmony • 11.6.13.8 Conduct Unbecoming an Officer or Employee • Admin Policy 3-81 Hostile Work environment • Admin Policy 1-03 EEO • Rule 14, Sec. 14.2. Grounds for Dismissal, Suspension and Demotion Captain Javier Ortiz violated the following policies and procedures as it relates to Officer Mark Harris and Sgt Kimberly Pile (incidents not listed in the summary). • 11.4.6 Superior Officers are accountable for all activities of employees under their immediate control. • 11.4.6.1 Responsible for Discipline • 11.6.17.9 Neglect or inattention to duty. • 11.6.17.34 Failure to take appropriate action • Admin Policy 3-81 Hostile Work environment • Admin Policy 1-03 EEO • Rule 14, Sec. 14.2. Grounds for Dismissal, Suspension and Demotion Lieutenant Ricky Lopez violated the following policies and procedures as it relates to Detective Fignole Lubin Incident 1, Detective Fignole Lubin Incident 2 and Detective Ezra Washington. 15 Submitted into the public record fpr itm(s) 4 _ b on 1 I n i IC City Clerk • 11.4.6 Superior Officers are accountable for all activities of employees under their immediate control. • 11.4.6.1 Responsible for Discipline • 11.6.17.9 Neglect or inattention to duty. • 11.6.17.34 Failure to take appropriate action • Admin Policy 3-81 Hostile Work environment • Admin Policy 1-03 EEO • Rule 14, Sec. 14.2. Grounds for Dismissal, Suspension and Demotion Sergeant Hilda Hinterschid violated the following policies and procedures as it relates to Detective Ezra Washington. • Admin Policy 3-81 Hostile Work environment • Admin Policy 1-03 EEO • Rule 14, Sec. 14.2. Grounds for Dismissal, Suspension and Demotion Sergeant Jose Reyes violated the following policies and procedures as it relates to Detective Fignole Lubin Incident 1 and Detective Fignole Lubin Incident 2 • Admin Policy 3-81 Hostile Work environment • Admin Policy 1-03 EEO • Rule 14, Sec. 14.2. Grounds for Dismissal, Suspension and Demotion 16 2017 —2018 Officers PRESIDENT Emanuel Prospere PAST -PRESIDENT Ella Moore VICE-PRESIDENT Ramon Carr SECRETARY Kimberly Pile TREASURER Saundria Anderson FINANCIAL SECRETARY Kia Burrows CHAPLAIN Raymond Carvil PARLIAMENTARIAN Daniel Moore I ` " R GUARD Gause Serving Since 1944 MIAMI COMMUNITY POLICE BENEVOLENT ASSOCIATION P.O. BOX 015563* MIAMI, FLORIDA 33101 Chief Colina, Submitted into the public record fpr itm(s) 5Q, h on i j i `i a 1v City Clerk I would like to thank you for meeting with the Miami Community Police Benevolent Association's (MCPBA) Complaint Committee on August 6t. The Committee is tasked by the membership, at the direction of our president, to research and tackle membership concerns. Our dialogue was one that was needed and should be continued. Dialogues such as these allow us to see, hear and understand each other's points of view on matters that will ultimately help our police department, The City of Miami Police Department, effectively, efficiently and ethically fulfil its overall goal, SERVICE. Below you will find a meeting recap that will be followed by items we were unable to address due to your schedule. Thank Attorney J.C. Perez for his assistance. I look forward to our continued meetings together. In our meeting we discussed that Attorney Perez would follow-up on the following items: 1. If PSA Mewsam Pratt's (#42755) case similar to Recruit Ana Martinez's 042308) case Recruit Martinez was a rehire as of June 15, 2018. 2. If it is possible for dismissed Recruit Keenan Cocker to be reinstated and given a second chance or the ability to resign in good standing. Note: The good standing resignation would be a consolation as a result of the Training Unit neglecting to follow its own protocols when dealing with this incident. 3. Review fired Probationary Officer Allan Auxilla's (42821) file to: • Identify if there were two (2) separate incidents of narcotics being flushed, which would contradict Internal Affairs account of this incident and why he was fired. • Identify if a suspension in this incident would be more appropriate than a dismissal. Other points of discussion included: 1. Officer Kelvin Harris' reinstatement status. 2. Sgt. Jean Poix would follow-up with Ms. Duncan on the remaining outstanding public records request pertaining to: • Number of recruits fired from Jan 2017 to present by race/sex/reason why. Note: This request would be a tool to help prove or disprove racial bias. 3. Lt. Guillot suitability to lead the academy- Note: see IA profile 4. Replacing Lt. Guillot with Lt. Mitchell at the academy 5. Additional African American Academy leaders (Instructors, Sergeants, Lieutenants) 6. Training staff not following procedures 7. African American male's importance over the years being systematically diminished "PROFESSIONAL UNITY, COMMUNITY SERVICE, PERSONAL DEVELOPMENT, WE'RE TOGETHER" Submitted into the pubIie record for itFm(s) c- b DT on 1 1 1 s 7 tl City Clerk 8. African American males negative connotations and stereotypes (not qualified, Etc.). 9. The current number of staff members (34) and there are only two (2) African American males in those positions twenty-one (21) Hispanic American males . 10. The current number of captains (4); two (2) Hispanic American males and two (2) White American males 11. The current number of lieutenants fifty-four (54); seven (7) African American males- four (4) on patrol/three (3) in Specialized Units (Carr Included -limited duty); twenty-nine (29) Hispanic American males- nine (9) in patrol (Tapanes included -disability)/ twenty (20) in Specialized Units 12. African Americans are usually assigned to the Black areas of the City (Overtown/ Model City/ Little Haiti); however, we are equipped to work in ALL other NET's and able to Command ALL Specialized Units. 13. The perception of the lack of qualifications and advanced degrees of African Americans, especially males. 14. The inability to attend training courses for numerous reasons, to include: manpower shortage, the course doesn't pertain to current assignment, etc. 15. Being passed over for specialized units for lack of experience and therefore unable to attend specialized training in advanced areas of the police department 16. What qualifications are needed to be considered for a staff member and what preparations can African Americans make to prepare themselves for consideration. Items we were unable to address due to your time constraints: 1. Over the past 30 years we have had an African American Executive Assistant and we currently do not have one. 2. The last African American to attend the FBI National Academy was A/C Najiy in 2008 and we believe it's time for one to attend the next national academy. 3. Academy training officer's tenure as an officer is under 10 years on the department and this can be a factor in some training issues. Chief, complaints or issues without solutions only lead to unresolved matters. We have included some solutions that we feel will be beneficial to the police department. Solutions 1. Require your Mid -managers to give you a copy of their current resumes. This will give you a guide you can use to assess your managers and make informed decisions on promotions and assignments. 2. Allow all members to take advanced courses. These courses are career development opportunities and will give you a racially diverse educated department. 3. Prepare for member training in advance, which will allow members to attend without excuses, such as manpower shortages. 4. Allow Lieutenants to apply for Specialized Units and modify the process back to an updated form of the A-D Bands. 5. Allow the next FBINA candidate to be African American. 6. Promote an African American to EA and give then tangible assignments. "PROFESSIONAL UNITY, COMMUNITY SERVICE, PERSONAL DEVELOPMENT, WE'RE TOGETHER" Submitted into the pubii record fpr ite (s) on i / 1'1 1 h City Clerk 7. Identify your specific qualifications for Staff Positions, which would give you a pool of qualified candidates to select from. 8. Allow African Americans to command other areas than just the typical areas. 9. Insist that Major Ramos and his staff follow the Training Academy guidelines. 10. Allow MCPBA to be a part of the training process by; following African Americans through the process, giving the ability to make a short presentation in training classes and to be a part of the SBT's. 11. Create a demerit system in the police academy that allows recruits to earn the ability to purge specific demerits (extra details to work off demerits, etc.). Chief, the MCPBA and I want to walk side by side with you to ensure that our department is one that is qualified, unified and dedicated to the goal of SERVICE. Sincerely, Ramon Carr MCPBA Vice President 305-244-6125 onebadcarr@bellsouth.net "PROFESSIONAL UNITY, COMMUNITY SERVICE, PERSONAL DEVELOPMENT, WE'RE TOGETHER" Submitted into the public record r it (s) on City Clerk (b) To receive and investigate complaints of race, sex and national origin discrimination; and to conciliate when appropriate; and (c) To maintain a complete record of all actions taken in pursuit of the duties outlined above, including all correspondence directed to the defendant and/or any investigatory files. The individual appointed as EEO officer shall have his office hours and location posted conspicuously beside the Consent Decree. 12. Definitions. For purposes of this decree, the following terms shall have the meanings set forth below. 1351 a. Assignment shall include the initial appointment of an employee to a particular 1.351 department or job classification and the duties and responsibilities of an employee in a job classification. b. Black shall include males only. c. Effective date shall mean the date of entry of this decree. d. Honorable conditions shall mean honorable and general discharges. .' e. Latin shall mean males of Cuban, Puerto Rican, Mexican or other Latin American origin. f. Promotion shalt mean the elevation of an employee to the next job classification in a given job ladder or line of progression. g. Transfer shall mean the lateral movement of an employee from one line of progression to another, either within one department or among departments. h. Women shall include all females regardless -of race or national origin! 13. Jurisdiction The Court retains jurisdiction of this action for such further orders as may be appropriate. At any time after five years subsequent to the date of the entry of this Consent Order, the City may move the Court upon 45 days notice to the plaintiff for dissolution of this decree, and in considering whether the decree should be dissolved, the Court will take into account whether the City has substantially complied with this decree and whether the basic objectives of the decree have been achieved. THORNBERRY, Circuit Judge, concurring: Judge Goldberg's very scholarly opinion, it seems to me, is a fair and excellent accommodation of the very difficult issues presented in this case. . 1 do not agree with Judge Gee's interpretation of the opinion's description of Mr. Justice Brennan's dissent in Bakke, as approving racial quotas for societal discrimination, but I regard it as a part of Judge Goldberg's extraordinarily complete analysis of this difficult and uncertain area. The trend is towards upholding consent decrees as discussed and delineated here. Certainly, we cannot say that the decision is compelled by Supreme Court or Fifth Circuit precedents, but just as emphatically we urge neither is it prohibited by any controlling authority. The dissent very fairly and candidly suggests that Weber may be contributing to this trend. 1 go further to urge that Weber emphasizes and encourages what we do here today. If we deny approval of the consent decree involved in this case, we place upon the municipality and, more particularly, its taxpayers, the onerous burden of one of two alternatives, (1) admission of past discrimination, which must realistically leave them open to undetermined financial liability, or (2) face a full-blown trial involving time and expense which may result in untold consequences. Congress and the courts of this nation time after Submitted into the public record for itepm(s) di?, 1 on 1 I t'1 1 '] it City Clerk CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Submitted into the public record fpr iteim;(s) cP on 1 f1 l 1,0 . City Clerk TO FROM Lieutenant Ricky Lopez Homicide Unit Criminal Investigation Section (Through C I annels) Detective ignole Lubin #04185 Homicide Unit Criminal Investigation Section DATE June 5, 2019 SUBJECT . Complaint REFERENCES: ENCLOSURES: FILE : I would like to begin by stating that I have been honored to serve as a detective on the homicide unit for eight and a half years. During that time, I established myself as an adaptable team member, dedicated myself to every aspect of the duty, and maintained professionalism. It is in hopes that this will be considered first and foremost that I write to provide background information leading up to the event that occurred on Wednesday, May 29, 2019. For the past several months, Sergeant Jose Reyes (IBM# 29320) has been making comments regarding my race, age, and accent. At first, I tried to dismiss them, but he quickly became aggressive in the frequency which he did this, to the point where it became quite clear that these comments were in fact evidence of harassment linked to prejudice. In January 2019, I suffered from health issues and my daughter drove me to Broward Health Coral Springs Emergency Room. It took all day for the attending physician to run tests to diagnose me and refer me to the correct specialist. I sent Sgt. Reyes and Detective Edward Tobin (who was acting Sergeant at the time) a message requesting time off to see the specialist and recover. Then, I received a telephone call from the Commander asking why I requested time off. Moreover, upon my return, Sgt. Reyes began insisting that I retire. This comment was made daily henceforth. Eventually, I couldn't ignore him anymore, and told him that I would retire when I was ready. This did not dissuade him from making these comments, and so I had to respond with this statement on many occasions. At this point, Sgt. Reyes could tell that his remarks made me highly uncomfortable, but he pressed on. I wanted to record him saying such things but ultimately felt powerless in my ability to do this without risking my position because he is, after all, the Sergeant. Again, Sgt. Reyes did not exclusively comment on my age, but he also made comments about my race and accent. On Tuesday, April 2nd, 2019, at approximately 10:30 to 1100 hours, Ms. Katiana Barjon called the homicide office and Sgt. Reyes answered the phone. Ms. Barjon asked to speak with me about the MPD Homicide case # 190218-0012397. Sgt. Reyes asked Ms. Barjon, "You need to speak with the detective with the Haitian accent?" He then laughed and told me to pick up the phone. I was too embarrassed and astounded to respond to the "joke". I shook my head in disbelief and answered the call, as he requested. On Wednesday, April 3, 2019, I had an appointment with the victim's family reference case #190218-0012397. When the party entered the lobby, they asked for me. I was busy, and I asked Detective Graham to go to the lobby and escort the family to the office for me. When Detective Submitted into the public record fpr it m(s) c)Y on ' 1j 1 1 1 0 . City Clerk Graham entered the office with the family, I asked Sgt. Reyes and Detective Graham to attend the meeting with me. Sgt. Reyes and I greeted the family. Sgt. Reyes initiated the dialog regarding what information we can release to a victim's family due to the integrity of the case and prosecution of a defendant, if an arrest is being made. I spoke, as did Detective Graham, just to put the victim's family at ease. Suddenly, Sgt. Reyes said, "Nobody can understand Lubin's Haitian accent." He started laughing loudly. Once again, Sgt. Reyes insulted me, but this time, it was not strictly in front of the team. I did not want to react in the presence of my victim's family, so I chose to ignore his comment. As with the comments related to age, Sgt. Reyes continuously made comments about my race and accent, even though it clearly made me uncomfortable. Since then, Sgt. Reyes continued to badger me. Still, I would calmly respond to maintain our professional relationship. On April 10, 2019, around approximately 1:30 to 2:00 pm, Sgt. Reyes tumed around in his chair and said, "Hey Lubin, let me ask you something, why don't you retire?" He said, "If you don't want to be stressed out, you need to retire." I told him that I just entered the drop a little more than 2 years ago; I am not ready to retire. He then said, "Rolly has no more stress because he retired." On April 22, 2019, at approximately 3:30 pm, ASA Sara Imm called regarding the Briana Paschal homicide investigation. I am not sure what Sara asked him about me, but I heard when he replied, "The Haitian with the accent." On May 7, 2019, at approximately 9:30 to 10 am, he said, "Hey Lubin let me ask you something, are you going to take the money with you when you die?" With no provocation, Sgt. Reyes verbally assaulted me again, but this time, he began to speak of the eventuality that I would die and about my personal finances. Nevertheless, I pushed forward and ignored him in efforts to remain professional. I submitted a supplemental report to Sgt. Reyes to review and make necessary corrections, as a supervisor routinely does before submitting to the commander for approval. He did not make any corrections to the report and submit it to the commander. The commander was not happy with the report because it was still in a rough draft form when he received it. Nonetheless, he made the corrections and gave the report back to Sgt. Reyes. On Monday, May 27, 2019, at approximately 8:39 am, Sgt. Reyes approached me with the report and a typo on a search warrant. I told him that I was under the impression that he would make necessary corrections to the report before submitting it to the commander. Additionally, I told him that he was aware of the difficulties I had with the report, down to the fact that I had trouble printing it. Sgt. Reyes responded with an unexpected outburst that marked the fruition of the harassment I'd been subjected to upon reporting to duty daily. His prejudice-- or mindset-- had evolved into complete discrimination, or the actions which he took based on his preconceived notions to factors of my identity that I could never change: my age, my race, and my accent. He told me that I am between 65 and 70 years old, I have high blood pressure. He said that I need to retire, or I will be kicked out of the unit. He then said, "For example, Michael Jordan retired on top of his game." He stated, with great bravado, "You need to leave this unit to protect your reputation." At that point, I was both overwhelmed and backed into a comer. It became clear to me that, despite my efforts to ignore or shrug off the multitude of incidents where he clearly harassed me, he had no plans on stopping. He planned on escalating the severity of the daily statements he made— in front of the team, in front of witnesses and families of victims. I had no choice but to respond. I recognized that I had to defend myself, although I'd already worked so hard to earn my current position. I told him that everybody has a goal for living in this life and it is not his business to tell when I need to retire from my job. I said that I Submitted into the public record "or i m(s) �Q , on 1 City Clerk didn't think it's anybody's business, that even the Chief of Police can't tell an officer to retire so long the officer is capable of performing his duty. At that point, Sgt. Reyes went to his desk and typed a list of "deficiencies" that he believed that I need to correct. He told me that he had a meeting with the commander on the following day and he that was going to present the deficiencies to the commander to "get me out of the unit." His list was so unfounded that I was certain anyone presented with it would see through the physical manifestation of his prejudice. However, on Wednesday, May 29, 2019, at approximately 2:45 to 3:00 pm, Sgt. Reyes called me to the Commander's office and told me that I have been disrespectful and insubordinate to him. Sgt. Reyes said, "Effective immediately, you've been transferred from the homicide unit. You are to return to work on Sunday to work on your supplemental reports and the 45's cases. After, you're to go to the staffing office and bid to go back on patrol." I then asked Commander Lopez to meet with him separately. He said, "We can meet at a later date." The meeting occurred on Monday, June 3rd, 2019. During the meeting, he told me that the next step to take if I wanted the matter to be investigated further would be to write a memorandum explaining what transpired. He also said that had he known more about what occurred earlier, he would have handled the situation differently. It is with great confidence that, given the entirety of this situation and the timeline of events, I can state that the decision made on Wednesday is in no way related to my ability to perform the duties as outlined in my job description. Furthermore, I have conducted myself as professionally as I possibly could considering the exacerbated harassment that I faced every single time I reported with the sole intention of carrying out those duties. I have been far from insubordinate and can assure that any perceived disrespect must have been a direct result of my attempts to defend myself or deflect inappropriate, prejudiced comments. Thank you for your consideration in this matter. I hope that an alternate resolution can result from the information that I've given, and I am more willing to follow up this memorandum with in -person meetings if it is your will to do so. FL:fl Lubin, Fignole Investigative Report Case No. 19-18 I. INTRODUCTION On June 21, 2019, Detective Fignole Lubin ("Charging Party"), Police Detective, City of Miami Police Department, filed a complaint with the City of Miami ("City/") Office of Equal Opportunity and Diversity Programs ("EODP") against Sergeant Jose Reyes ("Sgt. Reyes"), Police Sergeant, City of Miami Police Department, alleging discrimination based on race, national origin, and age. Based on the Charging Party's allegations, only witnesses deemed pertinent to the Investigation were interviewed during the course of the investigation. Witnesses interviewed were: Charging Party, Major Cherise Gause ("Maj. Gause"), Police Major and Commander, City of Miami Police Department, Lieutenant Ricky Lopez ("Lt. Lopez"), Police Lieutenant, City of Miami Police Department, Sergeant Hilda Hinterschied ("Sgt. Hinterschied"), Police Sergeant, City of Miami Police Department, Sergeant Emanuel Prospere ("Sgt. Prospere"), Police Sergeant, City of Miami Police Department, Detective Ridge Graham ("Detective Graham"), Police Detective, City of Miami Police Department, Detective Edward Tobin ("Detective Tobin"), Police Detective, City of Miami Police Department, and Detective Amado Ventura ("Detective Ventura"), Police Detective, City of Miami Police Department. II. BACKGROUND Charging Party stated that Sgt. Reyes often made inappropriate comments regarding his age, insinuating that Detective Lubin should retire. Charging Party stated Sgt. Reyes had often been condescending towards him, identifying him to others, in part, with the term "the guy with the Haitian Accent." Further, Charging Party stated that during a meeting with the family members of a homicide victim, Sgt. Reyes stated, "Nobody can understand Lubin's Haitian Accent." Charging Party stated that Sgt. Reyes then started laughing loudly. Charging party stated that on another occasion, he heard Sgt. Reyes on the phone referring to him as "the Haitian with the accent." Charging Party stated that Sgt. Reyes accused him of being disrespectful and insubordinate, and consequently had him transferred from the homicide unit to another unit. III. ISSUE Discover whether or not the Charging Party was subjected to discrimination based on race national origin, and age. IV. ALLEGATION Charging Party stated that in January 2019, after being out of work because of a hospital visit, Sgt. Reyes insisted on him retiring. (Note: EODP obtained the Leave Records of the Charging Party and confirmed that he took four (4) days leave from January 13 -16, 2019 for illness). (Exhibit 1) Submitted into the publi record r f it (s) 5 on I /111 ?• City Clerk Lubin, Fignole Investigative Report Case No. 19-18 Charging Party stated that Sgt. Reyes made comments on a "daily basis" about how he (Detective Lubin) should retire, in which he responded to Sgt. Reyes that he will retire when he is ready. Charging Party stated that on April 2, 2019 between 10:30 am — 11:00 am, a call came into the Homicide Office from Katiana Barjon, a witness to a pending case. Charging Party stated that Sgt. Reyes answered the phone call and said, "You need to speak with the Detective with the Haitian Accent." Charging Party stated that Sgt. Reyes then laughed and told him to pick up the phone. Charging Party stated that on Wednesday, April 3, 2019, he had an appointment to meet with family members of the case mentioned above. Charging Party asked for Detective Graham and Sgt. Reyes to accompany him to the meeting. Charging Party stated that during this meeting the three of them (Charging Party, Sgt. Reyes, and Detective Graham) spoke to the family members who were present. Charging Party alleged that at one point in the meeting, Sgt. Reyes said, "No one can understand Lubin's Haitian Accent." Sgt. Reyes then started laughing loudly. Charging Party stated that on April 10, 2019, between 1:30 pm — 2:00 pm, Sgt. Reyes turned around in his chair and said, "Lubin, let me ask you something. Why don't you retire?" Charging Party stated that he responded by telling Sgt. Reyes that he entered the drop two (2) years ago and that he was not ready to retire. Charging Party stated that Sgt. Reyes then responded, "Roily has no more stress because he retired." Charging Party stated that on April 22, 2019 at approximately 3:30 pm, Sgt. Reyes was on the phone with Attorney Ana Sara Imm when the Charging Party heard Sgt. Reyes say while on the phone, "The Haitian with the accent." Charging Party stated that on May 7, 2019 at approximately 9:00 am, Sgt. Reyes said, "Hey Lubin, let me ask you something, are you going to take the money with you when you die?" Charging Party alleges that Sgt. Reyes told him that he (Charging Party) was between 65-70 years of age, have high blood pressure, and stated that he (Charging Party) needed to retire or get kicked out of the unit. Charging Party stated that on May 29, 2019 at approximately 2:45 pm, Sgt. Reyes summoned him to the Commander's office and told him that he (Charging Party) had been disrespectful and insubordinate to him (Sgt. Reyes). Submitted into the public record f r it (s) bt? , d on _ 1 ^ City Clerk Lubin, Fignole Investigative Report Case No. 19-18 V. ANALYSIS Sgt. Reyes1 was contacted via email on July 24, 2019, regarding this case (EODP case 19-18) and asked to come to the EODP office for an interview. Sgt. Reyes responded via email on July 29, 2019, declining to meet and citing legal counsel as the reason. Sgt. Reyes provided two attachments in the email referenced above: 1) Redline Memorandum dated May 27, 2019, outlining a 90-day Performance Improvement Plan, (Exhibit 2a) 2) Redline Memorandum dated May 28, 2019, to Lieutenant Ricky Lopez requesting the removal of Detective Lubin from the Homicide Unit. (Exhibit 2b) Sgt. Prospere2 stated that the Charging Party approached him regarding Sgt. Reyes' comments about his (Charging Party) age. Sgt. Prospere stated that he informed the Charging Party that if what he was saying is true, then he should bring the matter to management's attention. Sgt. Prospere stated that he never heard Sgt Reyes refer to Detective Lubin's race or national origin, but did recall an instance when Sgt. Reyes said something about Charging Party's age. Sgt. Prospere stated that Sgt Reyes jokes, but never heard any complaints from other individuals regarding race, national origin, or age. Detective Tobin3 stated that he knew there was "beef" between the Charging Party and Sgt. Reyes, and thought it was related to the Charging Party not wanting to attend training. Detective Tobin stated that he came into the office (Homicide Office) one day and heard Charging Party and Sgt. Reyes arguing. Detective Tobin stated that he was only able to hear words that related to "how to interview and how to write." Detective Tobin stated that he has never heard Sgt. Reyes say or anyone else, say "Haitian Accent" about any individual. Detective Tobin stated that about 4 — 6 months ago, he vaguely recalled hearing about a witness who had called in to the Homicide division who had difficulty understanding Detective Lubin. Detective Tobin stated that he never heard Sgt. Reyes make comments regarding Detective Lubin's race, national origin, or age. 1 Contacted via email July 24, 2019 2 Interviewed on July 17, 2019 Interviewed on July 17, 2019 3 Submitted into the publi record f r ite (s) Cj( on i( _ City Clerk Lubin, Fignole Investigative Report Case No. 19-18 Detective Graham4 stated that when the family of a homicide victim came to the Homicide unit for a meeting, he heard Sgt. Reyes refer to Detective Lubin as "the guy with the Haitian accent." Detective Graham stated that he heard Sgt. Reyes mention to the Charging Party that he (Detective Lubin) should retire because of his age. Further, Detective Graham stated that he heard Sgt. Reyes make the statement regarding the Charging Party, "This place is not for him," "he needs to retire," "he has high blood pressure" or words to that affect. Detective Ventura5 stated that he heard Detective Lubin was leaving the unit because of insubordination. Detective Ventura stated that he never heard Sgt. Reyes make comments about Charging Party's race, national origin, or age. Further, Detective Ventura stated that he never heard Sgt. Reyes make comments about the Charging Party's accent. Sgt. Hinterschied6 stated that she was aware that the Charging Party made a complaint against Sgt. Reyes, and knew that Sgt. Reyes had issues with the Charging Party's writing. Sgt. Hinterschied stated that she never heard Sgt. Reyes make comments about Charging Party's race, national origin, or age. Further, Sgt Hinterschied stated that she never heard Sgt. Reyes make comments about the Charging Party's accent. Maj. Gause7 stated that the Charging Party approached her on May 29, 2019, expressing concerns about Sgt. Reyes' conduct towards him. Specifically, Maj. Gause mentioned that the Charging Party alleged that Sgt. Reyes made inappropriate comments about his (Charging Party) accent and age. Maj. Gause stated that she was aware that the Charging Party was directed by Sgt. Reyes to take an advance writing course. Maj. Gause stated that the Charging Party admitted to her that he refused the training that was directed by Sgt. Reyes. Moreover, Maj. Gause stated that the Charging Party told her that he felt Sgt. Reyes deliberately forwarded a document that was incomplete and in draft form, to Lt. Lopez as if the document was completed. Maj. Gause stated that the Charging Party informed her that Sgt. Reyes usually provided final edits to all documents submitted to Lt. Lopez. 4 Interviewed on July 24, 2019 6 Interviewed on July 24, 2019 6 Interviewed on July 26, 2019 7 Interviewed on July 30, 2019 Submitted into the public record "or it 5' L on 1 r a' 1► i City Clerk Lubin, Fignole Investigative Report Case No.19-18 Lt. Lopez stated that he met with Sgt. Reyes on May 27, 2019, regarding the Charging Party's insubordination towards Sgt. Reyes —Specifically, Charging Party's refusal to comply with Sgt. Reyes' instructions to attend an advance writing course. Lt. Lopez stated he met with the Charging Party on May 28, 2019, informing the Charging Party that he is being removed from the Homicide Unit because of insubordination. Lt. Lopez stated that he met with the Charging Party again on June 3, 2019 to hear the Charging Party's side of the conflict he had with Sgt. Reyes. During this meeting, Lt. Lopez stated that Charging Party expressed to him that he was treated unfairly. Moreover, Lt. Lopez asked the Charging Party, "Why are you telling me this now?" Lt. Lopez stated that the Charging Party's response was that he (Charging Party) did not want to make a fuss. Charging Party provided EODP with copious extemporaneous notes of the comments and/or actions of Sgt. Reyes as it relates to potential discrimination based on race, national origin, and age. Charging Party used the City of Miami Police Department RF 623 —10/04 form to take said notes. (Exhibit 3) During the investigation, EODP reviewed the Charging Party's Personnel File. It was noted that Charging Party's last three Employee Evaluations (exhibit 4a, 4b, 4c) were completed and signed by Sgt. Reyes. EODP did not find any verbiage or suggestions that the Charging Party needed improvement in his writing skills or documentation. In fact, Sgt. Reyes' last annual evaluation of the Charging Party (February 2018 — February 2019) (exhibit 4a) stated the following, "Detective Lubin regards productivity as a top priority and produces satisfactory documentation as well as answers calls for service on a timely basis" (emphasis added). Further, the Employee Evaluation subsequent to the one cited above (exhibit 4b), which was also completed by Sgt. Reyes, stated the following, "Det. Lubin thoroughly and accurately completed, undated, and submitted orforwarded all required documents, forms, and reports to the appropriate authority/personnel in a timely manner pursuant to applicable rt Apr. state and federal regulations and in accordance with agency policies and procedures." (emphasis added). Moreover, EODP did not find any adverse disciplinary actions, to include Oral Warning, Written Warning, Memorandum for File, or any other document suggesting that Detective Lubin was hostile, non -compliant, uncooperative, or insubordinate to any supervisor or colleague while serving in the Homicide Unit. Charging Party alleges that Sgt. Reyes discriminated against him based on his race, national origin, and age. Based on the above witness statements and extemporaneous notes of the Interviewed on August 1, 2019 Submitted into the public record for m(s) _ on __ I f 11� 0_, City Clerk Lubin, Fignole Investigative Report Case No. 19-18 Charging Party, Charging Party has established a reasonable argument for a prima facie case of discrimination. An employee bringing a claim of discrimination must initially establish a prima facie case either by presenting direct evidence of discriminatory intent or by presenting circumstantial evidence of discrimination using the analysis set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) and its progeny. Direct evidence is "evidence which, if believed, proves the existence of a fact without inference or presumption." In order to establish a prima facie of age discrimination, the Charging Party must show the following elements, "1) the plaintiff is at least forty years old; (2) the plaintiff suffered an adverse employment decision; (3) the plaintiff was qualified for the position in question; and (4) the plaintiff was ultimately replaced by another employee who was sufficiently younger so as to support an inference of a discriminatory motive." As cited from Willis v. UPMC Children's Hosp. of Pittsburgh, 808 F.3d 638, 644 (3d Cir. 2015). During EODP's investigation of the aforementioned allegations, the Charging Party has presented evidence supporting his claim of age discrimination. Specifically: 1) The Charging Party is over the age of forty years old. 2) The Charging Party presented credible extemporaneous notes, as well as a credible witness who heard Sgt. Reyes make comments about the Charging Party's age, alluding that the Charging Party should retire. Again, such comments were stated in a way that a reasonable person might find offensive and disrespectful. 3) The Charging is qualified for the position and is the most senior detective in the Homicide Unit. 4) While there is no evidence that the Charging Party was replaced by a younger person, this element of the prima facie "is not 'intended to be rigid"'; "[w]here the plaintiff is not directly replaced, the fourth element is satisfied if the plaintiff can provide facts which 'if otherwise unexplained, are more likely than not based on the consideration of impermissible factors." Id. (quoting Pivirotto v. Innovative Sys., Inc., 191 F.3d 344, 352 (3d Cir. 1999) (quoting Furnco Const. Corp. v. Waters, 438 U.S. 567, 577 (1978)" Further, in order to establish a prima facie case of discrimination on the basis of race and national origin, Charging Party must show: 1) he is a member of a protected class; (2) he was subjected to unwelcomed racial or national origin discrimination; (3) the discrimination was based on race and national origin; and (4) the discrimination unreasonably interfered with his work performance by creating an environment that was intimidating, hostile, or offensive. During EODP's investigation of the aforementioned allegations, the Charging Party has presented evidence supporting his claim of race and national origin discrimination. Specifically: 1) The Charging Party is in a protected class (Black Haitian male) as outlined by the Civil Rights Act of 1964, Submitted into the public record for it m(s) nY , on \ 1 1 !%b . City Clerk Lubin, Fignole Investigative Report Case No. 19-18 2) The Charging Party felt that Sgt. Reyes' consistent reference to his Haitian accent created an environment of humiliation and hostility, especially since the Charging Party made it clear to Sgt. Reyes that he was uncomfortable with him being referred to as "the guy with the Haitian accent." 3) The Charging Party presented evidence via credible extemporaneous notes, as well as a credible witness who heard Sgt. Reyes make statements alluding to the Charging Party's national origin accent, namely Haiti, and such comments regarding the Charging Party's accent were stated in a way that a reasonable person might find it offensive and disrespectful. 4) The Charging Party was the most senior person in the Criminal Investigation Division with nine (9) years, and five (5) of those years was with the Homicide Unit. Yet, the Charging Party was placed on patrol after he refused Sgt. Reyes' inference to retire because of his age, albeit Sgt. Reyes and Lt. Lopez cited insubordination as the reason of removal. VI. CONCLUSION EODP cites the "Questions and Answers: Enforcement Guidance on National Origin Discrimination" from the Equal Employment Opportunity Commission website, httos://www.eeoc.gov/laws/guidance/national-origin-ga,cfm #2 bullet 1, 2: "National origin discrimination means discrimination because an individual (or his or her ancestors) is from a certain place or shares the physical, cultural, or language characteristics of a national origin (ethnic) group." • An individual's place of origin may be a country (such as Mexico), a former country (such as Yugoslavia), or a place that is closely associated with an ethnic group but is not a country (such as Kurdistan). • A national origin group is a group of people who share a common language, culture, ancestry, and/or other social characteristics (such as Hispanics/Latinos or Arabs). #13 para 2: "Harassment based on national origin can take different forms, including ethnic slurs, ridicule, intimidation, workplace graffiti, physical violence, or other offensive conduct directed toward an individual because of his birthplace, ethnicity, culture, language, dress, or accent. Employer liability can result from the actions of supervisors, employees, or non -employees, such as clients, customers, or commercial contacts." (emphasis added). #15 para 2: An employer may not base an employment decision on an accent unless the ability to communicate in spoken English is required to perform job duties effectively and the individual's accent materially interferes with that job performance. Submitted into the public record fQ r ite (s) `j , L on �/ 1� Q,(� City Clerk Lubin, Fignole Investigative Report Case No. 19-18 Based on the research of the Charging Party's allegations, to include researching and reviewing related documents and statements, and listening to witness testimonies, the Charging Party has demonstrated by a preponderance of evidence, that he was subjected to discrimination based on race, national origin, and age. EODP has determined that the Charging Party's work environment did rise to the level of discriminatory practices and actions that are discordant with federal or state employment laws. For the aforementioned reasons and in consideration of the documents submitted herewith, the Charging Party's allegations of discrimination Is deemed substantiated by this office. Submitted into the public record f r it s) A, 6 on City Clerk Jorge Colina Chief of Police City of Miami Asseline Hyppolite Administrator Equal Opportunity and Diversity Programs (EODP) August 14, 2019 File No. 19-18: Fignole Lubin Submitted into the public record f r ite (s) ,`3/? on City Clerk This correspondence serves to inform you that the Office of Equal Opportunity and Diversity Programs ("EODP") has determined that federal, state, and local laws were violated in the race, national origin, and age discrimination complaint filed against Sergeant Jose Reyes. As a result, EODP is requesting appropriate to be taken that is commensurate with the violations. Please note that the Charging Party can file a complaint about the above -reference matter with the Equal Employment Opportunity Commission (EEOC) or with any other federal, state, or local agency. Should this happen, you will be notified. By receipt of this memo, the City of Miami Police Department is reminded that retaliation against any employee who has complained about discrimination, or who has participated in the investigation of a complaint, is strictly prohibited. Should you have any questions or require additional information or assistance in this matter, please feel free to contact me at (305) 416-1990. AH/mr /2\\‘ vow-9� 3-0 e .,e�sQ �h r L-� - SRC Public Information Office, 400 NW 2 Ave., Room 220, Miami, Florida 33128 (30 ,p 603-6420 Submitted into the public Date: May 7, 2018 record br it m(s) on / City Clerk Subject: CHIEF COLINA STATEMENT • Today, May 7, 2018, Miami Police investigators reviewed a video which appears to support an alibi for one of the individuals arrested for the murders of Rickey Dixon and Kimson Lee Green, Mr. Anthony Clinch. In light of the new evidence, the homicide charges against Mr. Clinch are being dropped, as are the charges against Yaairnes Rashad Bryant. We would also like to advise the public that we are cancelling the active warrant for Deondre McDuffy. While the Miami Police Department is committed to the pursuit of justice, it is equally committed to the protection of the innocent. We would like to assure the public that we will continue to maintain the highest possible ethical standards as we strive to keep our community safe. I will be available to answer questions today at 6 p.m. regarding this incident at the Miami Police Headquarters. 1'repaired by: Ofc. Kiara Delva Case: N/A Transmittal Date & Time May 7, 2018 Reviewed by: Chief J. Colina Jorge R. Colina, Chief of Police Ai Public Information Office, 400 NW 2 Ave., Room 220, Miami, Florida 33128 (305) 603-6420 Date: Mav 7, 2018 Submitted into the public record '� f r iteI�(s) on j%1l� Subject: NEWS CONFERENCE City Clerk Chief Jorge R. Colina will be holding a news conference regarding the arrests of two murder suspects and an at -large suspect today, Monday, May 7, 2018, at 12pm., in the lobby of the City of Miami Police Headquarters, located at 400 N.W. 2 Avenue. All media are invited to attend. Prepared by: Ofc. Kenia Fallat Reviewed by: E/O S. Diez Case: N/A Transmittal Date & Time May 7, 2018 Jorge R. Colina, Chief of Police Submitted into the pub%cr, record flu ite (s) A', Lt on 1 l . City Clerk Lieutenant Ricky Lopez Homicide Unit Commander Criminal Investigations Section Detective Ezra Washington #29229 Homicide Unit / Cold Case Squad Criminal Investigations Section Submitted into the public record f ite (s) ;)c, b on f1 /1iL. City Clerk April2"d, 2019 Derogatory Photograph On Tuesday, March 19th, 2019, I arrived to the Homicide Office and I arrived at my desk only to find a derogatory photograph placed on my desk on display. The photograph depicted several characters of black men shirtless wearing what appears to be turbans with turtles on top of their heads, another black male with the body of a turtle spitting out what appears to be money, another younger black male with his throat slit and blood on his shirt and deceased. The photograph also has several other inappropriate symbols within it and is titled "Executive Billionaires". This photograph in my opinion is disrespectful and very inappropriate. I'm respectfully requesting this issue to be looked into please. Your consideration regarding this request would be greatly appreciated. Submitted into the public record_ f9r ite (s) 5Q , b CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Submitted into the public record or it m(s) ,c)pi �; on 0 � . City Clerk Asseline Hyppolite Administrator Equal Opportunity and Diversity Programs (EODP) Marc f. Royster, Ed.D., Sr. Equal Opportunity/Diversity Programs Specialist ENCLOSURES: DATE SUBJECT REFERENCES: May 14, 2019 FILE : Memorandum to File EODP Case No. 19-03 This correspondence serves to inform you of the investigation regarding Detective Ezra Washington's discrimination complaint based on color, race, and sex/gender against Sergeant Hilda Hinterschied and Detective Amado Ventura, respectively. Detective Washington alleged that on March 19, 2019, he arrived at his place of work at the City of Miami Police Department's Homicide Office at approximately 11:35 am, and found a derogatory photograph placed directly on top his desk. The photograph depicted three shirtless black men wearing what appeared to be turbans with turtles on top. The picture also included two other black men in the lower half of the photo, one of the black men had the body of a turtle and what appeared to be playing cards being dispensed from his mouth; the other black man appeared to be a youth laying on his back, eyes closed, having a slit throat and wearing a bloody T-shirt. Four individuals were interviewed regarding the case, Major Cherise Gause, Lieutenant Ricky Lopez, Sergeant Daniel Valladeres, and Sergeant Roger Jackson, all of whom work for the City of Miami Police Department. Sergeant Hilda Hinterschied and Detective Amado Ventura were not interviewed as per their legal counsel's advice. After taking copious notes of those directly aware of the situation, and conducting a thorough investigation of the facts that were ascertained, a case of discrimination based on color, race, and sex/gender cannot be substantiated. It is recommended that this case be closed with EODP. Should you have any questions or require additional information or assistance in this matter, please feel free to contact me at (305) 416-1986. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Submitted into the public record f r iterp(s j ` `�jvii„ on 1 City Clerk Jorge Colina Chief of Police City of Miami May 14, 2019 DATE ° FILE : SUBJECT: Charging Party: Ezra Washington EODP File No.: 19-03 FROM: Assn)% Hyppolite REFERENCES Administrator Equal Opportunity and Diversity Programs (EODP)ENCLOSURES: This correspondence serves to inform you that the Office of Equal Opportunity and Diversity Programs ("EODP") has determined that no federal, state, and local laws were violated in the discrimination complaint based on color, race, and sex/gender filed against Sergeant Hilda Hinterschied and Detective Amado Ventura, respectively. As a result, EODP is closing its file on this charge. Please note that the Charging Party can file a complaint about the above -reference matter with the Equal Employment Opportunity Commission (EEOC) or with any other federal, state, or local agency. Should this happen, you will be notified. By receipt of this memo, the City of Miami Police Department is reminded that retaliation against any employee who has complained about discrimination, or who has participated in the investigation of a complaint, is strictly prohibited. Should you have any questions or require additional information or assistance in this matter, please feel free to contact me at (305) 416-1990. AH/mr Washington, Ezra Investigative Report Case No. 19-03 I. INTRODUCTION On April 4, 2019, Detective Ezra Washington ("Charging Party"), Police Detective, City of Miami Police Department, filed a complaint with the City of Miami ("City") Office of Equal Opportunity and Diversity Programs ("EODP") against Sergeant Hilda Hinterschied ("Sgt. Hinterschied"), Police Sergeant, City of Miami Police Department, and against Detective Amado Ventura ("Detective Ventura"), City of Miami Police Department, alleging discrimination based on color, race, and sex/gender. Based on the Charging Party's allegations, only witnesses deemed pertinent to the investigation were interviewed during the course of the investigation. Witnesses interviewed were: Charging Party, Major Cherise Gause ("Maj. Gause"), Police Major and Commander, City of Miami Police Department, Sgt. Hinterschied, Sergeant Roger Jackson ("Sgt. Jackson"), Police Sergeant, City of Miami Police Department, Lieutenant Ricky Lopez ("Lt. Lopez"), Police Lieutenant, City of Miami Police Department, Sergeant Daniel Valladeres ("Sgt. Valladeres"), Detective, City of Miami Police Department. II. BACKGROUND Charging Party alleges that on March 19, 2019, he arrived at his place of work at the City of Miami Police Department's Homicide Office at approximately 11:35 am. Charging Party stated that he found a derogatory photograph placed directly on top of his desk. The photo in question depicts three shirtless black men wearing what appears to be turbans with turtles on top. The picture also included two other black men in the lower half of the photo, one of the black men had the body of a turtle and what appears to be playing cards being dispensed from his mouth; the other black man appeared to be a youth laying on his back, eyes closed, a slit throat, and wearing a bloody T-shirt. The only legible words on the picture is "Executive Billionaires" and "3K." III. ISSUE Discover whether or not the Charging Party was subjected to discrimination based on color, race, or sex/gender. IV. ALLEGATION Charging Party stated, "This photograph [isj very inappropriate and disrespectful to Black people." Submitted into the public record fpr ite (s) SP, 6 on 1 / to. City Clerk Washington, Ezra Investigative Report Case No. 19-03 Charging Party stated that Sgt Hinterschied telephoned him on the same day of the incident (March 19, 2019) at approximately 5:30 pm, apologizing for the picture. Charging Party alleges that Sgt. Hinterschied admitted to "[knowing] about the picture but was not the person who placed it on [his] desk." Charging Party alleges that Sgt. Hinterschied refused to reveal who did place the picture on the desk. Charging Party alleges that Sgt. Hinterschied used the term "we" when referring to others who may have been involved. No other named person was mentioned. V. ANALYSIS Sgt. Hinterschied' was contacted regarding the allegations made against her. She was asked to come to the EODP office for an interview. She agreed via email, and accepted the calendar request for a meeting with EODP that was scheduled for April 9, 2019. However, Sgt. Hinterschied canceled the meeting with EODP on the morning of April 9, 2019. Sgt. Hinterschied canceled said meeting with EODP based on the advice of the Miami Fraternal Order of Police (FOP) #20. (See quoted paragraph below.) EODP received an email on April 8, 2019, from Eugene Gibbons, whose law firm represents Sgt. Hinterschied and the Miami FOP Lodge #20. In the email, Mr. Gibbons stated the following: "We also know that the same police officer employee made the same allegations of misconduct thru his police department chain of command prior to seeking your assistance. As such, we believe that your office does not at this time have the legal authority to investigate any allegations of misconduct levied against Sgt. Hinterschied, as F,.S.S. 112.533 preempts EODP authority because 112.533 sets forth the exclusive procedure for investigating law enforcement officer's alleged misconduct that could lead to disciplinary action and therefore must be conducted by the police departments Internal Affairs prior to any action by your office." Detective Ventura2 was contacted regarding the allegations made against him. He was asked to come to the EODP office for an interview. He agreed via email, and accepted the calendar request for a meeting with EODP that was scheduled for April 12, 2019. Detective Ventura later canceled the meeting with EODP on the morning of April 12, 2019. Detective Ventura canceled the ' Contacted via email April 5, 2019 2 Contacted via email April 9, 2019 Submitted into the publc record fpr ite (s) � on `J t City Clerk Washington, Ezra investigative Report Case No. 19-03 meeting with EODP based on the same advice from Miami FOP #20 as Sgt. Hinterschied. (See quoted paragraph above) Maj. Gause3 became aware of the allegations of Detective Washington's complaint during her first week of being assigned to the Unit. Maj. Gause stated that Lt. Lopez briefed her on Detective Washington's complaint. Maj. Gause stated that it was her understanding that Detective Washington initially wanted only an apology. Lt. Lopez4 stated that he become aware of the allegations when Sgt. Valladeres informed him of the photograph that was placed on Detective Washington's desk. Lt. Lopez stated that a meeting between Detective Washington, Detective Ventura, and Sgt. Hinterschied was supposed to take place; however, Lt. Lopez stated that he went on a scheduled vacation and when he returned, he discovered that the meeting did not take place. Lt. Lopez stated that upon his return from vacation, Detective Washington informed him of his intentions to file a complaint with EODP. Sgt Valladeress stated that he observed Detective Washington being upset about the photograph. Sgt. Jackson6 stated that, in the company of Sgt Hinterschied and Detective Ventura, one of them showed him the photograph a day or so prior to the incident and asked if anyone in the photograph looked like anyone he knew. Sgt. Jackson stated that his reply to the question was that one of the men looked in the photograph like Detective Washington. Sgt. Jackson stated that he did not interpret the picture or the questioning regarding the picture from Sgt Hinterschied and Detective Ventura as being racist, nefarious, or having ill -intentions. Charging Party alleges that Sgt. Hinterschied and Detective Ventura discriminated against him based on his color, race, and sex/gender. Based on the above witness statements, Charging Party has not established a prima facie case of discrimination. An employee bringing a claim of discrimination must initially establish a prima facie case either by presenting direct evidence of discriminatory intent or by presenting circumstantial evidence of discrimination using the analysis set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) and its progeny. 3 Interviewed on April 26, 2019 4 Interviewed on April 24, 2019 s Interviewed on April 23, 2019 6 Interviewed on May 8, 2019 Submitted into the public record f r ite (s) '*, (� on 1 _ 1 City Clerk Washington, Ezra Investigative Report Case No.19-03 Direct evidence is "evidence which, if believed, proves the existence of a fact without inference or presumption." Further, in order for Charging Party to establish a prima facie case of discrimination on the basis of color, race, and sex/gender, Charging Party must show: (1) he is a member of a protected class; (2) he was subjected to unwelcomed color, racial, or sex/gender discrimination; (3) the discrimination was based on color, race, or sex/gender; (4) the discrimination unreasonably interfered with his work performance by creating an environment that was intimidating, hostile, or offensive; and (5) employer liability. During EODP's investigation of the aforementioned allegations, no evidence supporting the Charging Party's allegations were discovered. Specifically, the Charging Party did not provide any direct evidence that Sgt. Hinterschied and/or Detective Ventura planned, spoke of, or actually carried out discriminatory actions against him that precluded him from being able to perform his duties in an environment free of intimidation and hostility. Although Sgt. Hinterschied and Detective Ventura did not give their account of the matter because of their counsel's advice (see section V, para 3), other witness testimonies did not corroborate or give credence to the allegations of discrimination based on color, race, or sex/gender. Notwithstanding the lack of evidence for a prima facie case based on color, race, or sex/gender, it is noted that the photograph in question can be construed by a reasonable person as offensive and inappropriate, as evident in the lower half of the picture of one black male laying with his eyes closed, a slit throat, and a bloody shirt. Again, however, we are reminded that the intent of showing the photograph was to draw attention to the uncanny resemblances of Detective Washington with one of men in the photograph. VI. CONCLUSION Based on the research of the Charging Party's allegations, to include researching and reviewing related documents and statements, and listening to witness testimonies, the Charging Party failed to demonstrate or prove, by a preponderance of evidence, that he was subjected to discrimination based on color, race, or sex/gender. EODP has determined that despite a minor annoyance, the Charging Party's work environment did not rise to the level of discriminatory practices or actions discordant with federal or state employment taws. For the aforementioned reasons and in consideration of the documents submitted herewith, the Charging Party's allegations of discrimination is deemed unsubstantiated by this office. EODP did not find evidence of discrimination according to federal, state, or local laws. As a result, EODP is considering this file closed. Submitted into the public record f r ite7s) S �-, on j� O . City Clerk Submitted into the public record for iten}(s) 5y, b on \J 11 / LO . City Clerk Captain Javier Ortiz Submitted into the publi record fo ite s) �� , (s, on "I " City Clerk Of the 42 citizen complaints that was received, there were 60 separate charges. CHARGE False Arrest Misconduct Abusive Treatment Improper Procedure Discourtesy Missing Property Non Complaint # of Complaints # of Charges POSITION Officer 0 0 0 0 0 0 1 1 1 Sergeant 2 3 6 6 18 4 1 27 40 Lieutenant 0 1 0 5 1 0 0 6 7 Captain 0 1 1 9 1 0 0 8 12 TOTAL 2 5 7 20 20 4 2 42 60 OFFICER SERGEANT LIEUTENANT CAPTAIN TOTAL charges EXONARATED 0 0 2 2 charge CLEARED 0 7 0 0 7 charges SUSTAINED 0 2 2 2 6 charges NOT SUSTAINED 0 0 4 4 charges INCONCLUSIVE 0 22 2 0 24 charges WITHDRAWN 0 2 0 0 2 charges NON -COMPLAINT 1 4 1 1 7 charges UNSUPPORTED 0 2 2 3 7 charges INFO ONLY 0 1 0 0 1 TOTAL 1 40 7 12 60 42 Citizen Complaints 18 Uses of Force 1 (as a LT) Relieved Of Duty 1 Driving Complaint Submitted into the public record fpr itejp(s) `i` , C, on 1/I1/ City Clerk Page: 1 Concise Officer History Police Captain Javier I Ortiz [05418. PIN: 05418 Hire date: Mar 22, 2004 Current assignment(s): Division: FOD Section: SOS Unit: SOS Involved Officer: Use of force IA No: F05-245 Received:. Sep 06, 2005 12:59 Case No: 16515115 Use(s) of force Effective/Not Effective Physical Force Effective Elec Control Devic (ECD) Effective Service being conducted: Self Initiated Disposition/finding: Filed Involved Officer: Use of force IA No: F06-026 Received: Feb 08, 2006 Case No: 060205036662 Use(s) of force Effective/Not Effective Elec Control Devic (ECD) Effective Service being conducted: Self Initiated Disposition/finding: Filed Involved Officer: Use of force IA No: F06-105 Received: May 12, 2006 Case No: 090509137243 Use(s) of force Effective/Not Effective Elec Control Devic (ECD) Effective Service being conducted: Dispatched Disposition/finding: Filed Involved Officer: Citizen complaint IA No: C06-227N Received: Nov 28, 2006 09:00 Allegations: Non -Complaint - - Non -Complaint - Dec 04, 2006 Involved Officer: Use of force IA No: F07-096 Received: Apr 30, 2007 Case No: 070423119345 Use(s) of force Effective/Not Effective Elec Control Devic (ECD) Effective Service being conducted: Dispatched Disposition/finding: Filed Involved Officer: Use of force IA No: F07-136 Received: Jun 21, 2007 Case No: 070619180084 Use(s) of force Effective/Not Effective Elec Control Devic (ECD) Effective Service being conducted: Dispatched Disposition/finding: Filed Submitted into the public record f ite (s) `) 6 on 1 %11�U) . City Clerk Page: 2 Involved Officer: Use of force IA No: F07-151 Received: Jul 11, 2007 Case No: 070607199415 Use(s) of force Effective/Not Effective Elec Control Devic (ECD) NOT effective Service being conducted: Self Initiated Disposition/finding: Filed Involved Officer: Driving Complaints IA No: D07-009 Received: Sep 14, 2007 11:00 Allegations: Driving Complaint - - Inconclusive - Nov 07, 2007 Involved Officer: Use of force IA No: F07-227 Received: Nov 01, 2007 00:20 Case No: 071101-323096 Use(s) of force Effective/Not Effective O.C. Use Rpt. Effective Physical Force Effective Service being conducted: Disposition/finding: Filed Involved Officer: Citizen complaint IA No: C07-296S Received: Dec 27, 2007 Allegations: Discourtesy - - Inconclusive - Feb 19, 2008 Involved Officer: Citizen complaint IA No: C08-089S Received: Apr 03, 2008 17:30 Case No: 080401-095059 Allegations: Discourtesy - - Inconclusive - May 07, 2008 Involved Officer: Citizen complaint IA No: C08-110 Received: Apr 28, 2008 13:45 Case No: 080412-106476 Allegations: Abusive Treatment - - Withdrawn - Jul 17, 2008 Discourtesy - - Withdrawn - Jul 17, 2008 Involved Officer: Citizen complaint IA No: C09-009N Received: Jan 14, 2009 11:00 Case No: 081017306412 Allegations: Non -Complaint - - Non -Complaint - Jan 20, 2009 Involved Officer: Citizen complaint IA No: C09-025 Received: Jan 29, 2009 13:20 Case No: 090123-024092 Allegations: Missing Property - - Inconclusive - May 29, 2009 • Submitted into the public record f r ite (s) �)Q, b on Win() h I b) , City Clerk Page: 3 Involved Officer: Use of force IA No: F09-044 Received: Mar 11, 2009 Case No: 090306-067112 Use(s) of force Effective/Not Effective O.C. Use Rpt. Effective Service being conducted: Disposition/finding: Filed Involved Officer: Use of force IA No: F09-045 Received: Mar 11, 2009 15:02 Case No: 090306-067601 Use(s) of force Effective/Not Effective Elec Control Devic (ECD) Effective Service being conducted: Disposition/finding: Filed Involved Officer: Citizen complaint IA No: C09-137 Received: Apr 22, 2009 11:00 Allegations: Discourtesy Inconclusive - Jul 23, 2009 Involved Officer: Citizen complaint IA No: C09-141 Received: Apr 24, 2009 11:00 Allegations: Missing Property - - Information Only - May 29, 2009 Involved Officer: Citizen complaint IA No: C09-200 Received: May 29, 2009 15:00 Case No: 090512-143916 Allegations: Discourtesy - - Inconclusive - Jul 22, 2009 Involved Officer: Citizen complaint IA No: C09-215 Received: Jun 15, 2009 10:45 Allegations: Discourtesy Case No: 090410-107736 Inconclusive - Jul 30, 2009 Involved Officer: Citizen complaint IA No: C09-213 Received: Jun 15, 2009 Allegations: Discourtesy - - Inconclusive - Jul 30, 2009 Involved Officer: Citizen complaint IA No: C09-244 Received: Jul 06, 2009 10:00 Case No: 090618-187503 Allegations: Discourtesy - - Inconclusive - Sep 02, 2009 Involved Officer: Citizen complaint LA No: C09-261 Submitted into the public, record fo i e As) 5V, h on 1 Ii ! LO . City Clerk Page: 4 Received: Jul 07, 2009 14:40 Case No: 090703-203423 Allegations: Discourtesy - - Inconclusive - Jul 26, 2010 Involved Officer: Use of force IA No: F09-162 Received: Aug 18, 2009 02:17 Case No: 090814-253007 Use(s) of force Effective/Not Effective Physical Force Effective Service being conducted: Disposition/finding: Filed Involved Officer: Citizen complaint IA No: C09-374 Received: Oct 06, 2009 10:14 Case No: 090929-307818 Allegations: Discourtesy - - Cleared - Mar 11, 2010 Improper Procedure - - Cleared - Mar 11, 2010 Involved Officer: Citizen complaint IA No: C09-419 Received: Nov 05, 2009 09:27 Case No: 091103-348890 Allegations: Misconduct - - Cleared - Jun 07, 2010 Involved Officer: Use of force IA No: F09-237 Received: Nov 06, 2009 10:27 Case No: 091104-349652 Use(s) of force Effective/Not Effective Elec Control Devic (ECD) Effective Service being conducted: Disposition/finding: Filed Involved Officer: Citizen complaint IA No: C10-056 Received: Feb 17, 2010 12:00 Case No: 090812-250945 Allegations: Discourtesy - - Inconclusive - Apr 26, 2010 Involved Officer: Citizen complaint IA No: C10-225 Received: Jul 21, 2010 12:40 Allegations: Discourtesy - - Inconclusive - Mar 24, 2011 Involved Officer: Citizen complaint IA No: C10-244 Received: Aug 06, 2010 11:20 Case No: 100410-108309 Allegations: Abusive Treatment - - Cleared - Jan 05, 2011 Discourtesy - - Inconclusive - Jan 05, 2011 Submitted into the public record f9r ite (s) , on 111 ! Q . City Clerk Page: 5 Involved Officer: Citizen complaint IA No: C10-314 Received: Oct 05, 2010 12:00 Case No: 100716-213052 Allegations: Abusive Treatment - - Unsupported - Dec 14, 2010 Discourtesy - - Unsupported - Oct 14, 2010 Involved Officer: Citizen complaint IA No: C11-046 Received: Feb 10, 2011 15:30 Case No: 110206-035020 Allegations: Discourtesy - - Inconclusive - May 14, 2012 Involved Officer: Citizen complaint IA No: C11-043 Received: Feb 23, 2011 08:00 Case No: 110220-048566 Allegations: Misconduct - - Inconclusive - Jul 13, 2012 Abusive Treatment - - Inconclusive - Jul 13, 2012 Discourtesy - - Inconclusive - Jul 13, 2012 Involved Officer: Use of force IA No: F11-024 Received: Feb 25, 2011 03:12 Case No: 110211-039744 Use(s) of force Effective/Not Effective Elec Control Devic (ECD) Effective Service being conducted: Disposition/finding: Filed Involved Officer: Use of force IA No: F11-043 Received: Mar 10, 2011 01:45 Case No: 110304-060201 Use(s) of force Effective/Not Effective O.C. Use Rpt. Effective Service being conducted: Disposition/finding: Filed Involved Officer: Citizen complaint IA No: C11-111 Received: May 25, 2011 Allegations: Abusive Treatment - - Cleared - Oct 22, 2012 Discourtesy - - Cleared - Oct 22, 2012 Missing Property - - Inconclusive - Oct 22, 2012 Involved Officer: Citizen complaint IA No: C11-207 Received: Oct 27, 2011 16:00 Allegations: Misconduct - - Cleared - Feb 02, 2012 Improper Procedure - - Substantiated - Apr 04, 2012 Actions taken: Submitted into the public record or it s) �)�+ t on \ l l lk . City Clerk Page: 6 - Record of Formal Counseling Rescinded Involved Officer: Citizen complaint IA No: C12-019 Received: Jan 20, 2012 15:17 Case No: 120120-018889 Allegations: Abusive Treatment - - Inconclusive - Jun 12, 2012 Discourtesy - - Inconclusive - Jun 12, 2012 Involved Officer: Use of force IA No: F12-028 Received: Feb 28, 2012 09:30 Case No: 120225-055267 Use(s) of force Effective/Not Effective Physical Force Effective Service being conducted: Disposition/finding: Filed Involved Officer: Citizen complaint IA No: C12-073 Received: Mar 09, 2012 13:00 Allegations: Missing Property - - Inconclusive - Feb 05, 2015 Improper Procedure - - Inconclusive - Feb 05, 2015 False Arrest - - Non -Complaint - Jun 08, 2012 Involved Officer: Citizen complaint IA No: C12-183 Received: Jul 02, 2012 12:00 Case No: 120519-144265 Allegations: Improper Procedure - - Inconclusive - Dec 28, 2012 Involved Officer: Use of force IA No: F12-135 Received: Aug 17, 2012 10:00 Case No: 120814-233372 Use(s) of force Effective/Not Effective Elec Control Devic (ECD) Effective Service being conducted: Disposition/finding: Filed Involved Officer: Use of force IA No: F12-177 Received: Oct 22, 2012 10:00 Case No: 121019-302474 Use(s) of force Effective/Not Effective PR 24 Effective Service being conducted: Disposition/finding: Filed Involved Officer: Citizen complaint IA No: C13-041N Received: Feb 11, 2013 14:00 Case No: 130201-032665 Allegations: Improper Procedure - - Non -Complaint - Feb 13, 2013 False Arrest - - Non -Complaint - Feb 13, 2013 Submitted into the public record f r ite (s) on j L a_ City Clerk Page: 7 Involved Officer: Use of force IA No: F13-111 Received: Jun 21, 2013 12:00 Case No: 130621-175618 Use(s) of force Effective/Not Effective Physical Force Effective Service being conducted: Sight Disposition/finding: Filed Involved Officer: Citizen complaint IA No: C15-069 Received: Apr 09, 2015 17:23 Allegations: Improper Procedure - - Substantiated - Apr 28, 2016 sts-t Involved Officer: Citizen complaint IA No: C15-102 Received: May 21, 2015 12:54 Allegations: Improper Procedure - - Inconclusive - Jul 23, 2015 Involved Officer: Citizen complaint IA No: C15-233 Received: Dec 16, 2015 09:15 Case No: 151202-358959 Allegations: Improper Procedure - - Inconclusive - Jan 06, 2017 Involved Officer: Citizen complaint IA No: C16-017 Received: Feb 03, 2016 11:00 Allegations: Discourtesy - - Substantiated - Jan 11, 2017 Improper Procedure - - Substantiated - Jan 11, 2017 Involved Officer: Citizen complaint IA No: C17-146 Received: Mar 23, 2017 09:00 Allegations: _,:_-:-Fe: Procedure - - Not Sustained -Foy 02, 2018 Involved Officer: Relieved of Duty IA No: ROD17-003 Received: Mar 24, 2017 Actions taken: : Mar 24, 2017 - Relieved/Reassigned Involved Officer: Citizen complaint IA No: C17-033 Received: Mar 27, 2017 13:49 Case No: 120608-8164817 Allegations: Misconduct - - Not Sustained - Nov 06, 2018 Involved Officer: Citizen complaint IA No: C17-048N Submitted into the public record f r ite (s) on 1 City Clerk Page: 8 Received: May 01, 2017 07:47 Allegations: Improper Procedure - - Non -Complaint - May 08, 2017 Involved Officer: Use of force IA No: F17-100 Received: Jul 11, 2017 Case No: 170711-0009801 Use(s) of force Effective/Not Effective ASP Effective Physical Force NOT effective Service being conducted: Arrest Disposition/finding: filed Involved Officer: Citizen complaint IA No: C17-175 Received: Oct 18, 2017 11:52 Allegations: Improper Procedure - - Unsupported - May 18, 2018 Involved Officer: Citizen complaint IA No: C17-199 Received: Dec 11, 2017 13:00 Case No: 1712100052140 Allegations: Abusive Treatment - - Unsupported - May 21, 2018 Improper Procedure - - Unsupported - May 21, 2018 Involved Officer: Citizen complaint IA No: C18-024 Received: Feb 13, 2018 11:30 Allegations: Improper Procedure - - Sustained - Sep 24, 2018 Involved Officer: Citizen complaint IA No: C18-044 Received: Mar 12, 2018 14:15 Case No: 1712150053786 Allegations: Improper Procedure - - Not Sustained - Aug 30, 2018 Discourtesy - - Not Sustained - Aug 30, 2018 Involved Officer: Citizen complaint IA No: C1B-068 Received: Apr 10, 2018 15:21 Allegations: Improper Procedure - - Sustained - Sep 26, 2018 Involved Officer: Citizen complaint IA No: C18-125 Received: Jun 27, 2018 08:00 Allegations: Improper Procedure - - Not Sustained - Jan 22, 2019 Involved Officer: Citizen complaint IA No: C18-127 Received: Jun 28, 2018 07:45 Lit Submitted into the public record fqr iteifi(s) hk, b on 1( fl ./ Z M . City Clerk Page: 9 Allegations: Improper Procedure - - Exonerated - Oct 03, 2018 Improper Procedure - - Exonerated - Oct 03, 2018 Improper Procedure - - Not Sustained - Oct 03, 2018 Involved Officer: Citizen complaint IA No: C18-211N Received: Oct 16, 2018 13:00 Allegations: Misconduct - - Non -Complaint - Nov 07, 2018 Report summary: totals by incident type: Incident type Received Administrative Complaint 0 Citizen complaint 42 Driving Complaints 1 Firearm discharge 0 Relieve Reassigned 0 Relieved of Duty 1 Use of force 18 Printed: Apr 18, 2019 10:23 By: Adm Assist I Lauren Diaz Applicant Master Record - NEOGOV Insight Page 1 of 3 ® Insight My HR Jobs v' Applicants Tests Applicant Master Record Lists Applicant: Ortiz, Javier <31334509> Submitted into the public record f r it m(s) 5 , on City Clerk Search Reports Classic Insight gKristina Labrada Library + ® Edit Master Profile Merge Master Profile Audit Trail 1,. a 1 Name Initial I.,s1 Name Address 1 Address 2 City State Zip Code Country Legal Right to Work? Barred From Applying Work Types Javier Ortiz Yes No Full Time Day, Evening, Night, Shifts Rotating, Weekends, On Call (as needed) Black or AfglOp American (Non -Hispanic) 'Je Group Previous Employee Conviction Employee ID 14-40 years of age No 5418 SSIv Primary Rho lc Alternate Phone Email Address Notification Type Email Driver's License? Yes Driver's License State Florida Driver's License # Driver's License Class E Date Entered 02/13/2017 „.• Modified 05/24/2017 Modified By Valle, Ricardo Seniority Date Gender Male Current Employee Yes Nepotism No Source City of Miami Employee Additional Fields Question What is the expiration date of your Driver's License? < b>"NOTE:</b> If you have not done so, please return to <a href="httpi/train ing.govern mentJobs.com/Jobseekers/Js_contacti nfo.cfm? HighStep=2&">JOB APPLICATION</a> to enter your Driver's License State, Number and Class. If you do <b>NOT</b> have a driver's license, please write "N/A" in the box below. < small><b>Date format: DD-MON- YYYY (e.g. 01-JAN-1999)</small></b> What restrictions, If any, do you have on your driver's license? What endorsements, if any, do you have on your driver's license? If you answered "YES" to question #12, please provide your relative(s) name, and their relation to you. Example: John Doe - Brother; Jane Doe - Sister-in-law, if you answered <b>"YES"</b> to question #18, please list the letter of the corresponding offense, with the date(s) of the conviction(s) as shown In the example below. < small><b>Exampie:</b> C. 27-MAY-1996; D. 15- MAR-2004 Based upon the way this example is completed, this would mean that you were convicted of negligent manslaughter on May 27, 1996 and negligent driving/vehicular homicide on March 15. 2004.</small> < SMALL><B>Date format: DD-MON-YYYY (e.g. 01-JAN- 1999)</SMALL></B> City Employee City Residency Answer 06-26-2022 https://secure.neogov.com/employers/app_tracking/masterprofile_view.cfm?MP1D=37225... 11/7/2019 Applicant Master Record - NEOGOV Insight Page 2 of 3 Exam # Question I Answer Florida Statute 119-07 provides certain exemptions from public inspection of records for active and former law enforcement personnel, and other categories outlined in Section 119.07 of the Florida State Statutes. For more details, click the Zink provided above Are you a citizen of the U.S.A.? Some City of Miami Jobs require citizenship. What is the issue date of your Driver's License? < b>'NOTE </b> If you have not done so, please return to <a href="httpi/training.governmentJobs.com/Jobseekers/Js_contacti nfo.cfm? HighStep=2&">JOB APPLICATION</a> to enter your Driver's License State, Number and Class. If you do <b>NOT</b> have a driver's license, please write "N/A" in the box below. < small><b>Date format: DD-MON- YYYY (e.g. 01-JAN-1999)</small></b> Florida Statute 119-07provides certain exemptions from public inspection of records for active and former law enforcement personnel, and other categories outlined in Section 119.07 of the Florida State Statutes. For more details, click the link provided above. Are you an active or former member of law enforcement, a firefighter, a Judge, a state or assistant attorney, a prosecutor, or a government employee with duties involving labor relations, code enforcement or a spouse or child of the aforementioned categories? Yes 04-16-2014 Submitted into the publ' , record or item(s) 4 $ b on v 1 1 1 i n City Clerk Applied For: r" ; k I Job # / Title I Received I Notices J Disposition I Application 978932$7 5013-201702t 6a`-O/14, /13/17 View Hired View Edit Police Captain, :08 PM Chance Loq Audit Trail 1 Record Found Page: 1❑ of 1 Attachments: Add New Attachment Title Uploaded I File Name I File Type Created By I Action Eligible Lists: Exam Title List Name List Type Eligible Date Expire Date Status Exam Score Total Score Disposition Disabled Vet Vet Points Points Police 5013- Captain Police Referred - 20170206 Captain 2017 Normal 05/25/17 05/25/19 Hired 72.7496 72.7496 Hired 0.00 0.00 Orlq Eligible List 1 Record Found Page: 1❑ of 1 Referrals: Req. # FY18- 00053 1 Record Found Req. Title POLICE CAPTAIN Notes: Add New Note Title Job I Exam Plan I Date Referred I Disposition Action 5013-20170206- 5013-20170206- 10/13/17 Referred - Oriq Police Or_ ig - Police Hired Show List Captain Captain INote Page: 1� of 1 Date I Last Updated By I Action Tests: Show Most Recent Job Title I Test Type I Test Title I Test Key I Location I Date I Score Police Captain Written Exam Police Captain Oral Exam https://secure.neogov.com/employers/app_tracking/masterprofile_view. c fm?MPID=3 722 5... 11/7/2019 Application Detail - NEOGOV Insight Submitted into the pubii- record fqr iteyn(s) on City Clerk Page 1 of 3 0 Insight My HR Jobs • Applicants • Tests • Application Detail Lists • Search Reports • Classic Insight ® Kristina Labrada Library + Vlew Exam Plan View All Applicants Vlew Applicants By Step Education Scoring Work Experience Rating Special Credit Rating Add Skills View Master Profile Application 1 of 1 Contact Information — Person ID: 31334509 Name: Javier I Ortiz Home Phone: Email: Personal Information Driver's License: Can you, after employment, submit proof of your legal right to work in the United States? What is your highest level of education? Preferences 5013-20170206-Orig • Police Captain Address: Alternate Phone: Yes, Florida � Yes Bachelor's Degree Minimum Compensation: $45.00 per hour; $99,000.00 per year Are you willing to relocate? Yes Types of positions you wilt accept Types of work you will accept Types of shifts you will accept: Objective Education College F/U Unspecified Start] - [Unspecified End] Miami, Florida Work Experience Police Lieutenant 1/2015 - Present Miami Police Department Miami, Florida Duties Job responsibilities of a police lieutenant Certificates and Licenses Skills City of Miami has chosen not to collect this Additional Information City of Miami has chosen not to collect this References City of Miami has chosen not to collect this Resume Text Resume City of Miami has chosen not to collect this Attachments Class E Regular Full Time Day , Evening , Night , Rotating , Weekends , On Call (as needed) Did you graduate: Yes College Major/Minor. Degree Received: Bachelor's Hours worked per week: 40 Monthly Salary: $99,000.00 # of Employees Supervised: 2 Name of Supervisor. Chief Llanes - Police Chief May we contact this employer? Yes information for this job posting. information for this job posting. information for this job posting. information for this job posting. Agency -Wide Questions 1. Q: Have you ever been known by any other name? e.g. Last Name, First Name, or Maiden Name A: Ortiz, Javier 2. Q: Are you a citizen of the U.S.A.? Some City of Miami jobs require citizenship. A: Yes Print View 3. 0: What is the issue date of your Driver's License? *NOTE: If you have not done so, please return to JOB APPLICATION to enter your Driver's License State, Number and Class. If you do NOT have a driver's license, please write "N/A" in the box below. Date format: DD-MON-YYYY (e.g. 01- JAN-1999) https://secure.neogov.com/employers/app_tracking/view_resume.cfm 11/7/2019 Application Detail - NEOGOV Insight A: 04-16-2014 Submitted into the public record fpr ite� (s) ! r h on 1 ��'� ! G . City Clerk Page 2 of 3 4• Q: What is the expiration date of your Driver's License? `NOTE: If you have not done so, please retum to JOB APPLICATION to enter your Driver's License State, Number and Class. If you do NOT have a driver's license, please write ''N/A'' in the box below. Date format: DD-MON-YYYV (e.g. 01JAN-1999) A: 06-26-2022 6. Q: What restrictions, if any, do you have on your driver's license? A: 6. Q: What endorsements, if any, do you have on your driver's license? A: 7. Q: Are you presently employed by the City of Miami? A: Yes 8. Q: If you answered "YES" to question #7, Please enter your Employee Number. (Employee Number can be found on your City of Miami paycheck. If you do not know your Employee Number, please contact your Department Personnel Liaison.) A: 5418 9. Q: If you answered "NO" to question #7, have you ever worked for the City of Miami? A: 10. Q: If you answered "YES" to question #9, please state the last date and department for which you were employed. Example: 11-JUN-1999 Human Resources Department Date format: DD-MON-YYYY (e.g. 01-JAN-1999) A: 11. Q: Have you ever been terminated from the City of Miami for cause? A: No 72. Q: Florida Statute 119-07 provides certain exemptions from public inspection of records for active and former law enforcement personnel, and other categories outlined in Section 119.07 of the Florida State Statutes. For more details, click the link provided above. Do you, your spouse or parent(s) fall into one of the aforementioned categories? A: Yes 13. Q: Do you have any relative(s), either by blood or by marriage who is/are employed by the City of Miami? Relatives include: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, domestic partner, half brother or half sister.) A: No 14. Q: If you answered "YES" to question #13, please provide your relative(s) name, and their relation to you. Example: John Doe - Brother; Jane Doe - Sister-in-law. A: 15. Q: If you answered "YES" to question #13, please provide the City of Miami Department that your relative(s) listed in question #14 are currently employed. Example: Police Department Economic Development Department A: 16. Q: Have you served on active duty in the United States Military and received an honorable discharge? If the answer is "NO", skip to question #19. NOTICE: YOU MUST SUBMIT A LEGIBLE FORM DD-214 AND OTHER RELEVANT DOCUMENTS CONCERNING ELIGIBILITY FOR VETERANS PREFERENCE. VETERAN'S PREFERENCE WILL BE AWARDED ONLY IF YOU SUBMIT, WITH YOUR APPLICATION, A LEGIBLE FORM DD-214 AND, IF APPLICABLE, PROOF OF A SERVICE -CONNECTED DISABILITY FROM A STATE APPROVED AUTHORITY THAT IS LESS THAN ONE YEAR OLD (UNLESS A PERMANENT DISABILITY), BY THE JOB POSTING CLOSING DATE. A: No 17. Q: VETERAN'S PREFERENCE: Under Section 295.07, Florida State Statutes extends veteran's preference to: The state and its political subdivisions shall give preference in appointment and retention in positions of employment to: (a) Those disabled veterans: 1. Who have served on active duty in any branch of the United States Armed Forces, have received an honorable discharge, and have established the present existence of a service -connected disability that is compensable under public laws administered by the United States Department of Veterans Affairs; or 2. Who are receiving compensation, disability retirement benefits, or pension by reason of public laws administered by the United States Department of Veterans Affairs and the United States Department of Defense. (b)The spouse of a person who has a total disability, permanent in nature, resulting from a service -connected disability and who, because of this disability, cannot qualify for employment, and the spouse of a person missing in action, captured in line of duty by a hostile force, or forcibly detained or intemed in line of duty by a foreign government or power. (c) A wartime veteran as defined in s. 1.01(14), who has served at least 1 day during a wartime period. Active duty for training may not be allowed for eligibility under this paragraph. (d)The unrernarried widow or widower of a veteran who died of a service -connected disability. (e) The mother, father, legal guardian, or unremarried widow or widower of a member of the United States Armed Forces who died in the line of duty under combat -related conditions, as verified by the United States Department of Defense. (f) A veteran as defined in s. 1.01(14). Active duty for training may not be allowed for eligibility under this paragraph. (g) A current member of any reserve component of the United States Armed Forces or the Florida National Guard. Do you qualify for veteran's preference based on the categories outlined in this question? If the answer is "NO", skip to question #19. A: No 18. Q: If you answered "YES" to question #17, Please select which category is applicable to you and complete the form that applies. Form must be uploaded with your application along with acceptable proof of veteran's preference. Click VETERANS' PREFERENCE CERTIFICATE CURRENT MEMBER OF THE RESERVE CERTIFICATION https://secure.neogov.com/employers/app_tracking/view_resume.cfin 11/7/2019 Application Detail - NEOGOV Insight Page 3 of 3 Submitted into the public record for it- (s) : j ', on i / . City Clerk UNREMARRIED WIDOW or WIDOWER CERTIFICATE A: 19. Q: If you answered "YES" to question #19, please list the letter of the corresponding offense, with the date(s) of the conviction(s) as shown in the example below. Example: C. 27-MAY-1990; D. 15-MAR-2004 Based upon the way this example is completed, this would mean that you were convicted of negligent manslaughter on May 27, 1996 and negligent driving/vehicular homicide on March 15, 2004. Date format: DD-MON-YYYY (e.g. 01JAN-1999) A: 20. Q: What proficiency do you have with the Spanish Language? (Check all that apply.) A: Proficient in speaking Proficient in reading Proficient in writing 21. Q: What proficiency do you have with the Creole Language? (Check all that apply.) A: No Proficiency 22. Q: Are you proficient in any languages other than English, Spanish or Creole? If so, please list the language(s), and whether you are proficient in speaking, reading, and/or writing. Example: Chinese - Proficient in reading and writing. A: 23. Q: What is your ethnicity? (This information is used for statistical purposes only) A: Black or African American (Non -His nic 24. Q: What is your Gender? (This information is for statistical purposes only) A: Male 25, fib: Whet is your Naeronal QpiOrgiTtliginfolThation is used for statistical ur oses onl 26. Q: How were you informed about the vacancy for which you are applying? (Please select one.) A: City of Miami Employee NEOGOV ©2000 - 2019 NEOGOV. ALL RIGHTS RESERVED. Terms I Privacy https://secure.neogov.com/employers/app_tracking/view_resume.cfm 11/7/2019 " NEOGOV Insight - Applicant M aster Record NEOGOV Search Submitted into the public record i;or it m(s) J 1, ; on City Clerk 1 of 2 L� Alonzo Baker Class Post Benefits Reports CandidateTrack Tests Requisitions List Try the New Menu! tit MyFIR Applicant ORTIZ, JAVIER <22310742> �+ sl Name JAVI ER Initial i Last Name (MITI Z. Address 1 Address 2 CIt/ Stat Zip Cod Country Legal Right to Work? Yes Barred From Applying No Work Types Shifts Ethnicity Black (Non•Hispanic) Ayu. i coup 19-40 years :•+ Previous Employee Yes Conviction No Employee ID 6418 Additional Fields Applicant Master Record Edit Master Profile Merge Master Profile Audit Trail SSM� Primary Phone Alternate Phone Email dressEMIMIll Notification Type Email Driver's License? No Driver's License State Driver's License # Driver's License Class Jata I rl.CreG 1 al 1512414 Last Modified 10/ 24/ 2014 " > ORTI Z, JAVI ER Seniority Date Gender Male Current Employee Yes Nepotism No Source City Employment Office/ Job Hotline Question Answer What is the expiration date of your Driver's License? 'NOTE: If you have not done so, please return to JOB APPLICATION to enter your Driver s License State, Number and Class. If you do NOT have a driver s license, please write "N/A" in the box below. Date format: DO-UON-yyYY (e.g. 01JAN-1999) : What restrictions, if any, do you have on your driver's license? : What endorsements, if any, do you have on your driver's license? : If you answered "YES" to question #13, please provide your relative(s) name, and their relation to you. example: John Doe - Brother, Jane Doe - bisteran-law.: H you answered "YES" to question #18, please list the letter of the corresponding offense, with the date(s) of the convidlon(s) as shown in the example below. Example: C. 27adAY-lee6: D. 15-MAR-2004 Based upon the way the etanyle b coMPMod, thin would mean that you were convicted of negligent manslaughter on May 27, 1806 end negligent dd ngNeNalar homicide on March 15, 2004.Data format: DD-MON-YYYY (e.g. 01JAN-1999) City Employee : City Residency : Are you a citizen of the U.S.A.? Some City of Miami job require citizenship. : What is the issue date of your Drivers License7NOTE: If you have not done so, please retum to JOB APPLICATION to enter your Driver's License State, Number and Class. If you do NOT have a drivers license, please write "N/A" in the box belOW. Date format DOMON-YYYY (e.g. 01JAN-1999) Florida Statute 2008->Ch0119-,Sedion%2007#0119.07">119.07 provides certain exemptions from public inspection of records for active and former law enforcement personnel, and other categories outlined in Section 119.07 of the Florida State Statutes. For more details, dick the link provided above. Are you an active or former member of law enforcement, a firefighter, a judge, a state or assistant attomey, a prosecutor, or a govemment employee with duties involving labor relations, code enforcement or a spouse or child of the aforementioned categories? 6-26-2022 NO NO Yes 4-16-2014 Yes Job # / Title Received Notices Disposition Application 63072175 62731591 2 Records Found 5012-20141006-Origf Pollee t ialttenar)t 5012-20141006-Okla/ Palm Lieutenant 10/24/14 12:16 PM 10/15/14 4:11 PM View N/A Hired Failed - Duplicate Application View EMI Chanae Log Audit Trail Ylswt E9a Chanae LDg Audit Trail Page: 1 of1I Attachments: Add New Attachment Title Uploaded File Name File Type Created By Action Eligible Lists: https://secure.neogov.com/employers/app tra king/masterprofile view.cfm?M PI D=24055... 5/11/2015 NEOGOV Insight -Application Data I Submitted into the publi record fpr ite (s) on \ / f 1 f l,0 . City Clerk Page 1 of 4 NEOGOV Search I. Alonzo Baker Class Post Benefits Reports CandidateTrack Tests Requisitions List Try the New Menu! 1RMyHR View Exam Plan View All Applicants View Applicants By Step Education Scoring Work Experience Retina Special Credit Rating Add Skills View Master Profile Application 1 of 2 a Previous Applicant j Next Applicant* Application Detail Flint View 5012-20141006-Orig - Police Lieutenant Contact Information -- Person I D:- Name: JAVIERI ORTIZ Address: Horne Phone: Email: Personal I nformation Alternate Phone: Driver's License: No Can you, after employment, submit proof of your legal right Yes to work in the United States? What is your highest level of education? Bachelor's Degree Preferences Preferred Salary: Are you willing to relocate? Types of positions you will accept: Types of work you will accept: Types of shifts you will accept: Objective Education College Did you graduate: Yes FLORIDA INTERNATIONAL UNIVERSITY College Major/Minor: 1/1999 - 1/2004 Degree Received: Bachelor's MIAMI, Florida Work Experience sergeant 8/2007- 10/2014 MIAMI POLICE DEPT 400 NW 2 AVE miamI, Florida 911 Duties supervisor Reason for Leaving promotional opportunity Certificates and Licenses Hours worked per week: 40 Monthly Salary: 50.00 # of Employees Supervised: 5 Name of Supervisor: manuel orosa - thief May we contact this employer? Skills City of Miami has chosen not to collect this information for this job posting. Additional I nformation City of Miami has chosen not to collect this information for this job posting. References City of Miami has chosen not to collect this information for this job posting. Resume Text Resume City of Miami has chosen not to collect this information for this job posting. Attachments Agency -Wide Questions https://secure.neogov.com/ernployers/app tra king/view_resume.cfm 5/11/2015 NEOGOV Insight - Application DetaiI Submitted into the public record J�,tyn(S)t on / L0 City Clerk Page 2 of 4 1. O: Please enter your former name (if applicable) in its entirety, starting with the last name first. e.g. Last Name, First Name A JAVI ER I ORTI Z 2. Q: Are you a citizen of the U.S.A.? Some City of Miami Jobs require chizenship. A Yes 3. O: What is the issue date of your Driver's License?' NOTE; If you have not done so, please return tolQ@ APPLICATIOIy to enter your Driver's License State, Number and Class. If you do NOT have a driver's license, please write "N/A' in the box below. oat. format: DD-MON-YYYY (a.g. 01-JAN-1999) A 4-16-2014 4. O: VVhat is the expiration date of your Driver's License?' NOTE: If you have not done so, please return to AM APPLICATION to enter your Driver's License State, Number and Class. If you do NOT have a driver's license, please write "N/A" in the box below. Date format: DO-MON-YYYY (Lg. 01-JAN-1999) A 6-26-2022 5. O: VVhat restrictions, if any, do you have on your driver's license? A NO 6. O: VVhat endorsements, if any, do you have on your driver's license? A NO 7. O: Are you presently employed by the City of Miami? A Yes 8. O: If you answered "YES" to question # 7, Please enter your Employee Number.(Employea Number can be found on your City of Miami paycheck. If you do not know your Employee Number. please contact your Department Personnel Liaison.) A 5418 9. O: If you answered "NO" to question # 7, have you ever worked for the City of Miami? A Yes 10. O: If you answered "YES" to question #9, please state the last date and department for which you were employed.Examole• 11-JUN-1999 Human Resources DepartmentDate format: DD-MON-YYYY (e.g. 01-JAN -1999) A MIAMI POLICE DEPT 02-25-2004 SERGEANT 8-31-07 TO PRESENT 11. O: Have you ever been terminated from the City of Miami for cause? A No 12. O: Do you have any relative(s), either by blood or by marriage who is/are employed by the City of Miami? Relatives include: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law. stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, domestic partner, half brother or half sister.) A No 13. O: If you answered "YES" to question # 13, please provide your relative(s) name, and their relation to you example: John Doe- Brother; Jane Doe- Sister-in-law. A 14. O: If you answered "YES" to question # 13, please provide the City of Miami Department that your relative(s) listed in question it 14 are currently employed. J:xamole• Police Department; Economic Development Department A 15. O: VETERAN'S PREFERENCE:Under Section 295.07, Florida State Statutes extends veteran's preference to: The state and its political subdivisions shall give preference in appointment and retention in positions of employment to: (a) Those disabled veterans: 1. Who have served on active duty In any branch of the United States Armed Forces, have received an honorable discharge, and have established the present existence of a service -connected disability that is compensable under public laws administered by the United States Department of Veterans Affairs; or 2. Who are receiving compensation, disability retirement benefits, or pension by reason of public laws administered by the United States Department of Veterans Affairs and the United States Department of Defense. (b)The spouse of a person who has a total disability, permanent in nature, resulting from a service -connected disability and who, because of this disability, cannot qualify for employment, and the spouse of a person missing in action, captured in line of duty by a hostile force, or forcibly https//secure.neogov.com/employers/app tra king/view_resume.cfm 5/11/2015 NEOGOV Insight - Application Detail Submitted into the public record fpr it n(s) cW, d on \ / 11 I City Clerk Page 3of4 detained or interned in line of duty by a foreign government or power. (c) A wartime veteran as defined in s. 1.01(14), who has served at least 1 day during a wartime period. Active duty for training may not be allowed for eligibility under this paragraph. (d)The unremarried widow or widower of a veteran who died of a service - connected disability. (e) The mother, father, legal guardian, or unremarried widow or widower of a member of the United States Armed Forces who died in the line of duty under combat -related conditions, as verified by the United States Department of Defense. (f) A veteran as defined in s. 1.01(14). Active duty for training may not be allowed for eligibility under this paragraph. (g) A current member of any reserve component of the United States Armed Forces or the Florida National Guard. Do you qualify for veteran's preference based on the categories outlined in this question? If the answer is "NO", skip to question # 19. A No 16. 0: Have you ever been convicted (found guilty) of a crime (including traffic convictions)? (A conviction does not automatically disqualify you from employment with the City of Miami. The nature of the offense, how long ago it occured, relationship to this job, etc., are taken into consideration.)If the answer is "NO", skip to question # 23 A No 17. 0: If you answered "YES" to question # 19, please choose the nature of offense(s).Press "Orr to select multiple offenses. A 18. 0: If you answered "YES" to question # 19, please list the letter of the corresponding offense, with the date(s) of the conviction(s) as shown in the example below. Example: C. 27-MAY-199e: D. 15-MAR-2004 Based upon the way this example is completed, this would mean that you were convicted of negligent manslaughter on May 27, 1995 and negligent driving/vehicular homicide on March 15, 2004. Data format: DD-MON-YYYY (e.g. 01-JAN-1999) A 19. 0: If you answered "YES" to question # 19, please list the letter of the corresponding offense, with the location(s) of the conviction(s) as shown in the example below. Example: C. Miami -Dade County, FL; D. eroward county, FL Based upon the way this example is completed, this would mean That you were convicted of negligent manslaughter in Miami -Dade County, FL and negligent driving/ vehicular homicide In BrOward County, FL. A 20. Q: What proficiency do you have with the Spanish Language? (Check all that apply.) A Proficient in speaking Proficient in reading 21. 0: What proficiency do you have with the Creole Language? (Check all that apply.) A No Profidency 22. 0: Are you proficient in any languages other than English, Spanish or Creole? If so, please list the language(s), and whether you are profident In speaking, reading, and/or writing.Eoamote: Chinese- Proficient In reading and writing. ay-A� $' What is your ethnicity?(This Information Is used for statistical purposes only) 24. Q: What is your Gender?(This information is for statistical purposes only) A: Male 95_. Q: What Is your National Orlgln? (trite Information Is used kir,(ailstlalpurposotnniy. aiiiiiiiiiiiiiiiiiiiiiiiiiiiii 26. 0: How were you informed about the vacancy for which you are applying?(please select one.) A City Employment Office/Job Hotline 27. 0: RETIRED - DO NOT USE Veteran's Preference Status (Answered by HR Staff ONLY) A 28. 0: Veteran's Preference Status (Answered by HR Staff ONLY) A 29. 0: Disabled Veteran 30% or more? (Answered by HR Staff ONLY) A https://secure.neogov.com/employers/app tracking/view resume.cfm 5/11/2015 Submitted into the public record fpr itein(s) J� b on %f / City Clerk City of Miami EvERED MAY 2 3 Department of Employee Relations/444 SW 2nd Ave., Suite 129/Miami, Florida DHIZ r-1 tr r r' =T CFf Employment Office (305) 416-2170/Job Hotline (305) 416-2050/Website: www.ci.miari�tV1 21 Pik.11 J . APPLICATION FOR EMPLOYMENT NOTES: (1) Complete all applicable areas in blue or black ink. Shaded areas enclosed by bold lines are for office use only. (2) Under Florida law, employment applications are open for public inspection. (3) False statements may cause rejection of the application or if employed, termination of employment. (4) Application must be completed and signed on back page or it will be rejected. No: First Name: 3 A.rf>Z Job Code/Position Applied For: GC1(53) fOLiC. c iCV- Middle Init.: Last Name: Home Phone; ;_ . ��.�- Emer.enc Phone: State: THIS BOX FOR OFFICE USE ONLY: Application #: aoa�ool L L Former Surname (If Applicable): Emer.enc Name/Contact: Are you a citizen of the U.S.A.? YES El NO Some City jobs require citizenship. If 'NO' do you have current authorization to work in the United States? Q YES El NO Type If you are not. a U.S. citizen, a copy of your authorization to work issued by the U.S. Immigration & Naturalization Service must be submitted prior to appointment. Date of Birth: mo. day year Are you presently employed Driver License Number: by the C cv of Miami? ❑ VESA NO Year of Expiration: (,11li)0' State: Have you ever worked for the City of Miami? Type of License: ❑ YES)'NO If yes, please state: Last date of ern aoyrnent: Last department employed: Do you have any relative(s), either by blood or by marriage who is/are employed by the City of Miami? CI YES V-N0 Relatives include: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister. Relation to You: Department Employed: Florida Statute 119.07 provides certain exemptions from public inspection of records for active and former law enforcement personnel; correctional and correctional probation officers; certified firefighters; Justices of Supreme Court, district court of appeal judges and county court judges; current or former state attorneys, assistant state attomeys, statewide. prosecutors or assistant statewide attorneys; code inspectors and code enforcement officers. Do you, your spouse or parent(s) fall into one of the aforementioned categories? ❑ YES NO v pc; Code: Have you ever been convicted of crime? ❑ YES NO A conviction does not automatically disqualify you from employment with the City of Miami. The nature of the how long ago it urred, relationship to this job, etc., are taken into consideration. NATURE OF OFFFNS! NAME & LOCATION OF COURT DATE OF CONVICTION(S) Florida Basic Abilities Test Submitted into the public record fpr it (s) on 1 fi,() . City Clerk Page 1 of 1 y' Candidate Log -Out I Change Information I View Tests I Search for an Exam [Javier Ortiz] CANDIDATE: SSN: RACE; WH TEST DATE: 05/19/2003 DISCIPLINE: Law Enforcement TEST KEY: 1001 FACILITY: Miami Police Training Center METHOD: Computer Status: PASS Ortiz Javier O HENT OFFICE TEST SCORE: 88% PASS SKILL PERCENT CORREC1 Flexibility and Speed of Closure Inductive / Deductive Reasoning Information Ordering Memorization Oral Comprehension & Expression Perceptual Speed Problem Sensitivity Selective Attention Spatial Orientation Time Sharing Visualization Written Comprehension Written Expression 100% 83% 50% 100% 100% 100% 67% 83% 83% 83% 100% 100% 86% SCORE INTERPRETATION This scoring sheet provides scoring information for your performance on the F-BAT for the version and date indicated above. Scores are provided for the 13 subtests, as well as the total score. Scores are presented as (percentage correct) for each subtests and the F_BAT total. A total score of 72% or higher is considered passing; a total score lower than 72% is considered failing. RETEST POLICY The F-BAT provides an opportunity for those who have failed the F-BAT to retake the test no fewer than 30 days after the original test administration date. http: //216.23 5.114.23 8/candidate/testd etail s. cfm?xss=2003 05200073 007&ctui d=10970& ... 5/20/2003 LICENSE NLIMSER JAVIER IGNAC1O ORTIZ eFiTN DATE EEx HOT. REST (♦ M 1-02 MORSE. EXPIRES OUPLCATE �-01 0 04-11-02 ORGAN Do$ Ott 11:0010411o1e2 Operation of a motor vehicle constitutes consent to any sobriety test required br law. SAFE MUM CONCEALED VYEAPON OR FIREARM LICENSE TM. JAVIER I. The ado.. t SW*. w*h Socti.n 790 LP' "E� skES 07/02/06 the Derartmete e^E4e+c MARTS Cc STa'E Submitted into the public record fpr ite (s) �public_. record on / j' City Clerk .i -EMPLO Y ME IT OFFICE 2003 Frig r 2 I PM 12: 4 6 National Safety Council° has competed the Safety Council 40 Hour Colie a Course FirstAidCarse, Completion Date Expiration Date Alan McMillan, President FlimattonalTtaining Agency American Heart Associations JP Fighting Heart Disease and Stroke Healthcare Provider Javier I. Ortiz This card certifies that the above individual has successfully completed the national cognitive and skills evaluations in accordance with the curriculum of the American Heart Association br the BLS br Healthcare Providers Program. CPR / AED 4/02 4/03 Issue Date Recommended Renewal Date Submitted into the public/ record 90 r itr(s) Ii b on _ 1 / / ZQ _ City Clerk OJtR-EIiPL0YF'E? T OFFICE Z003HAY 21 PH12:46 P Ramey, Um Name 3/3Vic Davie, •Nieelc--)HHE-XX- 3/3//6- _3jI%/s' 5,5 ///5- ,s. Sierra, Ernesto 3l /S xxx-XX-• Thomas, £hignita '5/ 05— Carroll./1t6--- GORZOlezrEfie- Sala 'Aguilar, � -50xawcx Rod Gonzalez. dux XXX-XX• `tl z4/0' - Lozano, VKusor -XXX-XX CITY OF MIAMI ELIGIBLE REGISTER 5012 & 5012-20141006-Orig Police Lieutenant Submitted into the record fpr ite (s) on �I fl/ LO 10/24/2014 5:00:00 PM Race Gender Total Total 1 Exam Veteran's Score Rank ; Score Preference --1Mele 88.8875 9- 88.8875 t mule - 8.7437-- - 88.7737t 07.8066 -44-1- 87:8066t American (Non - Hispanic) •r-M'Iispanic-er Latino!•.- Male 862488 12: 86.2488r 1..-- - . ..- - Of 3 Mole 848602 , Hispanic -or Latino + Male 82.8986 14- 82.8986 Black or African + Female 82.6141 15 82.6141 American (Non - Hispanic) cite (Norr=hispanic): Male 82.3342 16: 82.3342 82.2042 17 82.2042' • - 4ispaaic-cr Latina 82.0087 , 18 82.0087 ' Male 81.6158 19 81.6158 HispaaoacLatiao Male 80.8507 20 80.8507 -.-Hispania-er-L-attre Male 80.2686 21 80.2686 ---HispanIcorLatina Male 80.0524 22 80.0524• Hispanic or Latino - Male 79.8005 23 79.8005' 4--Hispanis-er-Latinb Male Female P.2of7 public 5 City Clerk City App Date , Date Eligible; Notify Employee Received Yes 10/1 201-4-;-3118/2045 , E 11:49:41 AM 11:37:15 AMI --104412044 - 348/2045 E 1:53:32 PM' 11:37:15 AM 10/15/24-- 3 0.1/48/21-5 i E 8:46:21 AM ` 11:37:15 AM Yes - Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 10/15/2014 1:33:40 PM. 10/211/2014 4 9:16:34 AM 4 1-0/10/2014 J. 7:54:17 AM 10/14/2014 9:07:51 AM l l 1010/2014 10:46:56 AM , 10/15/2014 1:38:44 PM 10/14%2014 10:36:02 AM 10/10/2014 6:27:00 AM 9/23/2015 12:07:29 PM 10/10/2014 7:19:48 AM 10/24/2014 , 12:46:57 PM 10/11/2014 112:57:52 PM; 3/18/2046 �_ E 11:37:15 AM MUNROE 'Er 11:37:15 AM; -3/18/2015; E 11:37:15 AM; 3/18/2016 E 11:37:15 AM 3/18/2015 E 11:37:15 AM; 3/18/2015 E 11:37:15 AM 3/18/2015 E 11:37:15 AM! 3/18/20151 E 11:37:15 AMI 12/29/2015 iT- E 9:00:08 AM! 3/18/2015 ++? E 11:37:15 AM( • 3/18/2015 ' E 11:37:15 AM; 3/18/2015 i E 11:37:15 AM, Produce: 1/10/2019 PDT LAST FIRST 05971 Rodriguez Jorge 05972 Rojas Michelangelo 05973 Rocha Jose 05985 Ruggiero Kevin 06259 Sarnia Roman 06918 Tameron Oriel 06928 Tapanes Leonel 07330 Valdes Andres 07331 Valdivia Jesus 07361 Vera Ofren 07472 Duthil Heidi 07644 Williams Altarr 07740 Wing Garret 25762 Lopez Ricky 27230 Cooper Alex 27233 Joseph Bianca 27512 Redondo Marc 27516 Santerre Jared 27551 Lewis Weslyne 27553 Douglas Jermaine 27559 Delgado Alfredo 27564 Ramirez Jaime 28113 Valdes Alex 28557 Sodre Maurice 29133 Sierra Luis COUNT FOR Police Lt CITY OF MIAMIOI.ICE DEPARTMENT EMPLOYEE LIST BY RANK MIDDLE HIRE DATE Section UNIT L 01/20/1999 12/14/1998 R 09/17/1998 D 07/18/1997 08/02/1994 L 03/22/2004 F 06/24/1996 06/29/1998 M 05/24/1999 03/22/2004 R 10/15/2001 05/12/1993 J 03/22/2004 10/26/2005 J 05/31/2005 05/31/2005 A 01/30/2006 SDS LT FLAGAMI B TFS PCS PCS SDS LT CORAL WAY B TFS NDS LT UPPER EASTSIDE B SSM SIS INTELLIGENCE AND TERRORIS IAS IAS SDS LT LITTLE HAVANA A TFS SDS LT CORAL WAY B TFS SDS LT FLAGAMI B SMT SIS NARCOTICS UNIT CDS LT WYNWOOD B TFS IAS GENERAL (SS GANGS CIS HOMICIDE UNIT CDS LT OVERTOWN C SMT CRS COMMunity AFFAIRS UNIT 0800-1800 SSM PRM PERSONNEL RESOURCE MGMT J 01/30/2006 COMMICOMMUNICATIONS 09/11/2006 CIS ASSAULTS J 02/27/2006 NDS LT LITTLE HAITI C SMT 03/06/2006 CIS ROBBERY UNIT A 03/06/2006 ITS ITS 05/23/2007 SOS MARINE PATROL 0700-1700 FSS 12/24/2007 SOS K9 0700-1700 FSS E 07/14/2008 CIS DOMESTIC VIOLENCE DETAIL IS 51 Submitted into the publjc Pije 38 of 56 record, fp r itejn(s) _ c, on ] L�1, i - City Clerk RACE/SEX PROM.DATE H / M 10/18/2017 H / M 10/18/2017 H / M 04/24/2015 W / M 08/27/2017 H / M 10/23/2015 H / M 10/23/2015 H / M 10/06/2016 H / M 01/07/2018 H / M 10/23/2015 H / M 10/18/2017 H / F 10/18/2017 B / M 10/06/2016 W / M 10/06/2016 H / M 10/18/2017 B / M 10/18/2017 B / F 10/18/2017 H / M 08/27/2017 W / M 05/23/2018 B / F 10/18/2017 B / M 10/18/2017 H / M 08/27/2017 H / M 10/18/2017 H / M 10/18/2017 H / M 08/27/2017 H / M 10/18/2017 RANK OF Police Captain POSITION CODE # 5013 04182 Lozano Winsor D 11/12/2004 COMMICOMMUNICATIONS H / M 04246 Mac Donald Sean D 02/28/1994 ISS ISS-STAFF W / M 05418 Ortiz Javier I 03/22/2004 SOS SPECIAL OPERATIONS SECTION H / M COUNT FOR Police Captain IS 3 02/15/2018 09/27/2015 10/18/2017 RANK OF Police Sgt Mot Allow. POSITION CODE # 5014 00197 Armenteros Magdiel 11/17/1997 SDS FLAGAMI A FSS H / M 03/09/2012 01465 Dell Amico Mario M 10/15/1996 SOS MOTORS/ TRAFFIC ENFORCEMENT 0600-1600 FSS H / M 10/11/2013 27239 Stevens Allixen L 05/31/2005 NDS MODEL CITY SUPPORT 1000 - 2000 SSM B / M 07/20/2016 COUNT FOR Police Sgt Mot Allow. IS 3 U.S. Department of Justice Civil Rights Division Submitted into the public record f9r iteni(s) `)Q1 b DLK:ST:CPW:cs DJ 170-18-31 Sergeant Javier Ortiz President, Miami Fraternal Order of Police, Lodge #20 710 Southwest 12th Avenue Miami, Florida 33130 Employment Litigation Section - PNB - " — lty Clerk 950 Pennsylvania Ave, NW Washington DC20530 www. usdoJ.gov/cri/emp By Electronic and U.S. Mail Dear Sergeant Ortiz, DEC 0 5 2014 I am writing in response to your November 26, 2014 e-mail regarding the development, administration and scoring of the upcoming Lieutenant exam for the City of Miami Police Department ("MPD"). We appreciate your bringing these concerns to the Department of Justice ("Department") and providing us with an opportunity to address these issues. Regarding your concern about the way the test will be scored, it is helpful to reference the May 1999 Order ("Order") that currently governs this case. As stated in the Order, the City has an obligation to develop selection procedures for certain positions that either: ."(1) have no adverse impact on the basis of race, national origin, or sex; or, (2) if they do have adverse impact, are demonstrated to be job - related for the position at issue and shown to be consistent with business necessity." Order ¶ 3. These requirements are intended to track the language of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII"), as amended, which further states, inter alia, that even if an employer demonstrates that a practice with adverse impact is job -related, a violation of Title VII occurs if the complaining party demonstrates an equally or more valid but less discriminatory alternative was available and not utilized. See 42 U.S.C. § 2000e-2(k)(1). The groups covered by the Order (and the original Consent Decree) are Hispanics, African Americans and women. See Order p. 1. The Order also requires that the City produce the test results, including the demographic information about the candidates, to the Department, although the City has the final decision -making authority over how to score the test. See Order ¶ 12. This exchange of information provides an opportunity for the parties to have a fully informed discussion (i.e., post-test administration) about potential scoring models, thereby helping ensure rather than undermine the fairness of the exam. The scoring methodology includes, but is not limited to, the weighting of the various components of the exam. The reality of test development is that, despite everyone's best efforts, sometimes one or more parts of a test do not work as expected. After a test is administered, there is a wealth of data and potential analyses that can show: 1) how the test worked; and 2) how different possible scoring models affect both the impact of the exam, if any, on different groups, and the job -relatedness, or validity, of the exam. By validity, we are talking about how well the test measures the knowledge, skills and abilities related to the job of lieutenant and, therefore, how well the test identifies the candidates who will make good Lieutenants. For these reasons, as the test developer explained, establishing the scoring c Submitted into the public record f r it (s) 47A on \ if l J U' _. City Clerk methodology after the test is administered is considered a best practice in the industry of test development. With respect to the test developer's comment that the Department will not be "approving" the final exam, it seems some clarification would be helpful. The 1999 Order permits the United States' expert in test development to review various types of information related to the test development process. See Order ¶ 5. Pursuant to the Order, the United States has been reviewing the test development process and has provided feedback on certain aspects of the process. However, the Order does not provide for the Department and the City to develop this test jointly and, ultimately, MPD subject matter experts, the test developer and the City's internal testing expert will determine the content of the test. Similarly, as noted above, even though the City and the Department will discuss potential scoring models that are supported by the job analysis, linkage results and test data, the City has ultimate decision -making authority with respect to the final scoring methodology. See Order ¶12(c). If, despite all the parties' cooperative efforts, the Department determines that the test that is administered or the City's chosen method of scoring the test does not comply with the Court's Order and Title VII, the Department has the right to go to court to challenge the test and/or how it was scored. With respect to the very specific issues you raise related to the structure of the test, such as whether all or only some portions of the test are videotaped and how scoring is handled by the assessors, there are numerous factors that go into such decisions. The Department provides feedback regarding those decisions but does not make the ultimate decisions. The Department encourages the Fraternal Order of Police to voice its concerns and preferences to MPD management and the test developer, if it has not already done so. Regarding the timing of the test, it is the Department's understanding that the test is still expected to be administered in mid -January. We hope this letter has responded to your concerns. If you have further questions or concerns, please do not hesitate to contact me in the future by e-mail or at 202-514-6269. Sincerely, Delora L. Kennebrew Chief Employment Litigation Section By: ‘a, Carol-n ' eiss Senior Tr Attorney Employment Litigation Section cc: Robert Klausner, Esq., (by electronic mail) Diana Vizcaino, Assistant City Attorney (by electronic mail) Amy Klose, Director, Department of Human Resources (by electronic mail) 2 Submitted into the public record for lie (s) — j �, _ on / 1 City Clerk Captain Javier Ortiz is the Deputy Commander for the Specialized Operations Section which includes the SWAT Team and K-9 Unit. These Units are extremely high liability units. 1 1 Special¢ed Operations Section Major Eric N. Gonzalez Traffic Enforcement Unit - Traffic Enforcement Detail - Towing Detail - School Crossng Guard Detail A. R B. Special Detal - D.R.E Special Detail Patrol Support Unt - Mounted Patrol Detail - Marine Patrol Detai - Aviation Detai Special Events Unit - Off Duty Detail - Spectra! Event Detail Special Threat Response Unit - SWAT Detail - Cnsos Negatation Team Detail K-9 Unit Office of Emergency Management and Homeland Scurity - Homeland Securty Planning Detail - Research and Administration Detail - Bomb Squad Detail - Shield Detail Bike Deta 1 1 i i 1 1 1 Submitted into the public record for iter(s) 5Q, on % J (1 I to . City Clerk LT. Jean Paul Gulllot Of the 32 citizen complaints that was received, there were 58 separate charges. Submitted into the public record f9r itejn (s) 1.) tj on i I ,,V . City Clerk CHARGE False Arrest I Essessive Force I Misconduct I Abusive Treatment I Neglect of Duty I Improper Procedure I Discourtesy I_ Missing Property I Harrassment I Damaged Property_ I Non Complaint 8 of Complaints a of Charges POSITION Officer 0 1 1 10 1 0 9 2 0 0 3 16 27 Sergeant 2 1 2 4 2 4 12 _ 2 1 1 0 16 31 Lieutenant Assigned to a Specialized Unit for the entirety of his time as a Lieutenant. 0 TOTAL 2 I 2 I 3 I 14 _I 3 I 4 I 21 4 I 1 I 1 I 3 32 58 OFFICER SERGEANT TOTAL charges SUSTAINED 3 9 12 charges INCONCLUSIVE 18 18 36 charge CLEARED 1 1 2 charges WITHDRAWN 2 0 2 charges INFO ONLY 0 2 2 charges NON -COMPLAINT 2 2 4 TOTAL 26 32 58 32 Citizen Complaints 1 (OFC) Firearm Discharge 25 Uses of Force 1 (SOT) Relieved Of Duty 1 (SGT) Termination Total Female Male Black 10 2 8 Hispanic 22 9 13 White 3 1 2 TOTAL 35 12 23 Resigned Dismissed TOTAL Black Female 1 1 2 Black Male 1 7 8 Hispanic Female 6 3 9 Hispanic Male 11 2 13 White Female 1 0 1 White Male 2 0 2 TOTAL 22 13 35 Submitted into the public record f9r itefn(s) 5y. on I � i,! /0 . City Clerk 361pect vs DiSmiSSIE15 Submitted into the public record i -rite (s) 3 Q (-) on City Clerk Page: 1 Concise Officer History dace Lt Jeanpaul Guill,ot [02289] PIN: 02289 Hire date: Nov 17, 1997 Current assignment(s): Division: ADM Section: TRN Unit: ACADEMY Involved Officer: Use of force IA No: 19960077 Received: Jun 05, 1995 18:58 Use(s) of force Effective/Not Effective Hands NOT effective Service being conducted: Disposition/finding: Filed Involved Officer: Citizen Complaint IA No: 19960342 Received: Jul 10, 1996 16:30 Allegations: DISCOURTESY - - Cleared - Involved Officer: Use of force IA No: 19980124 Received: Aug 15, 1998 11:50 Use(s) of force Effective/Not Effective Hands NOT effective Service being conducted: Disposition/finding: Filed Involved Officer: Use of force IA No: 19980265 Received: Dec 12, 1998 11:43 Use(s) of force Effective/Not Effective Handcuffs NOT effective Hands NOT effective Service being conducted: Disposition/finding: Filed Involved Officer: Citizen Complaint Received: Oct 25, 1999 09:05 Allegations: IA No: 19990522 Discourtesy - - Inconclusive - Mar 08, 2000 Abusive Treatment - - Inconclusive - Mar 08, 2000 Involved Officer: Citizen Complaint IA No: 19990559 Received: Nov 22, 1999 12:00 Allegations: ABUSIVE TREATMENT - - Inconclusive - Involved Officer: Citizen Complaint IA No: 20000006 Received: Dec 28, 1999 23:15 Allegations: Missing Property - - Inconclusive - Submitted into the public record for ite (s) Q, b on } / t City Clerk Page: 2 Involved Officer: Citizen Complaint IA No: 20000022 Received: Jan 10, 2000 18:50 Allegations: DISCOURTESY - - Inconclusive Involved Officer: Citizen Complaint IA No: 20000046 Received: Jan 21, 2000 14:00 Allegations: ABUSIVE TREATMENT - - Inconclusive - DISCOURTESY - - Inconclusive - Involved Officer: Citizen Complaint IA No: 20000124 Received: Mar 03, 2000 09:30 Allegations: ABUSIVE TREATMENT - - Inconclusive DISCOURTESY - - Inconclusive - Involved Officer: Use of force IA No: 20000158 Received: Mar 23, 2000 18:30 Use(s) of force Effective/Not Effective Hands NOT effective Service being conducted: Disposition/finding: Filed Involved Officer: Use of force IA No: 20000300 Received: May 30, 2000 22:00 Use(s) of force Effective/Not Effective Handcuffs NOT effective Hands NOT effective Service being conducted: Disposition/finding: Filed Involved Officer: Use of force IA No: 20000459 Received: Aug 21, 2000 19:24 Use(s) of force Effective/Not Effective Handcuffs NOT effective Hands NOT effective Service being conducted: Disposition/finding: Filed Involved Officer: Use of force IA No: 20000575 Received: Oct 31, 2000 23:15 Use(s) of force Effective/Not Effective Handcuffs NOT effective Hands NOT effective Service being conducted: Disposition/finding: Filed Involved Officer: Use of force IA No: 20000638 Received: Dec 16, 2000 20:12 Use(s) of force Effective/Not Effective Handcuffs NOT effective Hands NOT effective Submitted into the public record fpr itqm(s) _')(': on 1 / 11 / 1,0 . City Clerk Page: 3 Service being conducted: Disposition/finding: Filed Involved Officer: Use of force IA No: 20000655 Received: Dec 28, 2000 23:47 Use(s) of force Effective/Not Effective Handcuffs NOT effective ASP NOT effective Service being conducted: Disposition/finding: Filed Involved Officer: Use of force IA No: 20010308 Received: Jul 06, 2001 23:30 Use(s) of force Effective/Not Effective Handcuffs NOT effective Service being conducted: Disposition/finding: Filed Involved Officer: Citizen Complaint IA No: 20010269 Received: Jul 27, 2001 10:20 Allegations: ABUSIVE TREATMENT - - Inconclusive DISCOURTESY - - Inconclusive - Involved Officer: Use of force IA No: 20010454 Received: Dec 13, 2001 06:19 Use(s) of force Effective/Not Effective Handcuffs NOT effective Hands NOT effective Service being conducted: Disposition/finding: Filed Involved Officer: Use of force IA No: 20020055 Received: Feb 20, 2002 18:45 Use(s) of force Effective/Not Effective Hands NOT effective Service being conducted: Disposition/finding: Filed Involved Officer: Citizen Complaint IA No: 20020085 Received: Mar 03, 2002 08:00 Allegations: Non -Complaint - - Non -Complaint - Mar 04, 2002 Involved Officer: Citizen Complaint IA No: 20020237 Received: Jul 10, 2002 Allegations: ABUSIVE TREATMENT - - Inconclusive Involved Officer: Use of force IA No: F03-0208 Received: Aug 13, 2003 17:15 Case No: 2181710-03 Submitted into the public record 1, 6 on City Clerk Use(s) of force Effective/Not Effective C.O.P. Use Rpt. Effective Service being conducted: Self Initiated Disposition/finding: Filed Involved Officer: Citizen complaint IA No: CO3-347 Received: Oct 15, 2003 09:06 Case No: 2181710-3 Allegations: Abusive Treatment - - Inconclusive - Jan 22, 2004 Misconduct - - Inconclu - Ja:L 2004 Improper Procedure - - Agilkantiatedr- Jan 22, 2004 Discourtesy - - Inconclusive - Jan 22, 2004 Involved Officer: Use of force IA No: F04-0028 Received: Jan 23, 2004 21:17 Case No: 0152036-4 Use(s) of force Effective/Not Effective C.O.P. Use Rpt. Effective Service being ?onducted: Dispatched Disposition/finding: Filed Involved Officer: Use of force IA No: F04-0086 Received: Mar 08, 2004 20:38 Case No: 0632025-4 Use(s) of force Effective/Not Effective Elec Control Devic (ECD) Effective Service being conducted: Self Initiated Disposition/finding: Filed Involved Officer: Use of force IA No: F04-0173 Received: May 18, 2004 15:30 Case No: 1321714-4 Use(s) of force Effective/Not Effective C.O.P. Use Rpt. Effective Service being conducted: Self Initiated Disposition/finding: Filed Involved Officer: Citizen complaint IA No: C05-001 Received: Jan 03, 2005 10:55 Case No: 001-10865 Allegations: Abusive Treatment - - Withdrawn - Jun 07, 2007 Discourtesy - - Withdrawn - Jun 07, 2007 Involved Officer: Citizen complaint IA No: C05-009 Received: Jan 10, 2005 10:00 Case No: 00114395 Allegations: Abusive Treatment - - Inconclusive - Jun 22, 2005 Involved Officer: Use of force IA No: F05-002 Received: Jan 13, 2005 04:45 Case No: 00113965 Page: 4 Submitted into the public record f9r ite (s) `)Y, on 9 i1 lLO . City Clerk Page: 5 Use(s) of force Effective/Not Effective O.C. Use Rpt. NOT effective Service being conducted: Self Initiated Disposition/finding: Filed Involved Officer: Use of force IA No: F05-145 Received: May 16, 2005 03:00 Case No: 12611365 Use(s) of force Effective/Not Effective Elec Control Devic (ECD) Effective Service being conducted: Self Initiated Disposition/finding: Filed Involved Officer: Use of force IA No: F05-146 Received: May 16, 2005 17:00 Case No: 13217545 Use(s) of force Effective/Not Effective Elec Control Devic (ECD) Effective Service being conducted: Self Initiated Disposition/finding: Filed Involved Officer: Use of force IA No: F05-326 Received: Nov 30, 2005 16:30 Case No: 051110034122 Use(s) of force Effective/Not Effective Physical Force Effective Service being conducted: Self Initiated Disposition/finding: Filed Involved Officer: Use of force IA No: F05-344 Received: Dec 16, 2005 Case No: 051209-041851 Use(s) of force Effective/Not Effective Physical Force NOT effective Service being conducted: Self Initiated Disposition/finding: Filed Involved Officer: Use of force IA No: F06-012 Received: Jan 30, 2006 02:59 Case No: 060121020912 Use(s) of force Effective/Not Effective Asp Baton Effective Service being conducted: Self Initiated Disposition/finding: Filed Involved Officer: Use of force IA No: F06-050 Received: Mar 07, 2006 Case No: 051209041851 Use(s) of force Effective/Not Effective Physical Force Effective Service being conducted: Self Initiated Disposition/finding: Filed Involved Officer: Citizen complaint IA No: C06-224 Submitted into the public record for ite (s) , on 1 ! 1 ( . City Clerk Page: 6 Received: Nov 17, 2006 Allegations: Abusive Treatment - - Inconclusive - Feb 28, 2007 Discourtesy - - Inconclusive - Feb 28, 2007 Involved Officer: Use of force IA No: F07-042 Received: Feb 21, 2007 Case No: 070218 Use(s) of force Effective/Not Effective Physical Force Effective Service being conducted: Self Initiated Disposition/finding: Filed Involved Officer: Citizen complaint IA No: C07-059N Received: Feb 22, 2007 Case No: 0702190505 Allegations: Non -Complaint - - Non -Complaint - Apr 06, 2007 Involved Officer: Firearm discharge IA No: C07-046 Received: Mar 19, 2007 Charges: Discharge of Firearm 08/14/2008 [) - Involved Officer: Citizen complaint IA No: C07-072 Received: Mar 30, 2007 13:15 Case No: 070330093971 Allegations: Excessive Force - 17, 2007 Negligence of Duty - ug 17, 2007 Involved Officer: Citizen complaint IA No: COB-252 Received: Aug 25, 2008 10:55 Case No: 080823-248512 Allegations: Abusive Treatment - - Inconclusive - Feb 25, 2009 Discourtesy - - Substantiated/RFC - Feb 25, 2009 Improper Procedure - - Substantiated/RFC - Feb 25, 2009 Involved Officer: Citizen complaint IA No: C08-372N Received: Nov 18, 2008 12:00 Case No: Sums # 2517 FZP Allegations: Non -Complaint - - Non -Complaint - Dec 02, 2008 Involved Officer: Citizen complaint IA No: C09-063 Received: Feb 12, 2009 Allegations: Submitted into the publi record fpr ite (s) �7 on J i 7 !,6 . City Clerk Page: 7 Negligence of Duty - - Substantiated - Jul 20, 2009 Involved Officer: Citizen complaint IA No: C09-130 Received: Apr 22, 2009 11:45 Case No: 090405102101 Allegations: Discourtesy - - Inconclusive - Jun 15, 2009 Involved Officer: Citizen complaint IA No: C09-231 Received: Jun 25, 2009 14:05 Case No: 090521154934 Allegations: Abusive Treatment - - Information Only - Jun 26, 2009 Discourtesy - - Information Only - Jun 26, 2009 Involved Officer: Citizen complaint IA No: C09-409 Received: Oct 28, 2009 13:10 Case No: 091027-340803 Allegations: Improper Procedure - - Inconclusive - Jan 04, 2010 Discourtesy - - Inconclusive - Jan 04, 2010 Involved Officer: Citizen complaint IA No: C10-040S Received: Jan 26, 2010 13:15 Allegations: Discourtesy - - Cleared - Apr 19, 2010 Involved Officer: Use of force IA No: F10-036 Received: Mar 31, 2010 18:30 Case No: 100327-093505 Use(s) of force Effective/Not Effective Physical Force Effective Service being conducted: Disposition/finding: Filed Involved Officer: Citizen complaint IA No: C10-118 Received: Apr 21, 2010 07:26 Case No: 100416-115649 Allegations: Improper Procedure - - Inconclusive - Jun 22, 2011 Discourtesy - - Inconclusive - Jun 22, 2011 Involved Officer: Citizen complaint IA No: C10-180 Received: Jun 11, 2010 12:00 Case No: 100124-025708 Allegations: Improper Procedure - - Inconclusive - Oct 21, 2010 Involved Officer: Citizen complaint IA No: C10-2195 Received: Jul 16, 2010 12:45 Case No: 100710-206644 Submitted into the public record fqr ite ) c��} L on \ ! 1 /Ln . City Clerk Allegations: Harassment - - Inconclusive - Oct 05, 2010 Discourtesy - - Inconclusive - Oct 05, 2010 Involved Officer: Citizen complaint IA No: C10-276S Received: Sep 15, 2010 12:00 Allegations: Discourtesy - - Inconclusive - Mar 08, 2010 Involved Officer: Citizen complaint IA No: C10-274S Received: Sep 15, 2010 11:40 Allegations: Discourtesy - - Inconclusive - Mar 08, 2010 Involved Officer: Citizen complaint IA No: C12-160S Received: Jun 07, 2012 12:00 Allegations: Discourtesy - - Inconclusive - Jan 07, 2013 Involved Officer: Citizen complaint IA No: C13-020 Received: Jan 17, 2013 12:41 Case No: 121013297079 Allegations: Excessive Force - - Substantiated - Aug 01, 2013 Discourtesy - - Substantiated - Aug 01, 2013 False Arrest - - Non -Complaint - Jan 22, 2013 Involved Officer: Citizen complaint IA No: C13-027 Received: Jan 28, 2013 11:00 Case No: 130104-003998 Allegations: Negligence of Duty - - Substantiated - Feb 10, 2014 Discourtesy - - Inconclusive - Feb 10, 2014 Damaged Property - - Inconclusive - Feb 10, 2014 Missing Property - - Inconclusive - Feb 10, 2014 Improper Procedure - - Substantiated - Feb 10, 2014 Improper Procedure - - Inconclusive - Feb 10, 2014 Misconduct - - Substantiated - Feb 10, 2014 Involved Officer: Citizen complaint IA No: C13-226 Received: Oct 09, 2013 12:10 Case No: 130809-226240 Allegations: Abusive Treatment - - Inconclusive - Apr 14, 2014 False Arrest - - Inconclusive - Apr 14, 2014 Misconduct - - Substantiated - Apr 14, 2014 Involved Officer: Relieved of Duty IA No: ROD13-021 Received: Oct 15, 2013 Allegations: Page: 8 Submitted into the public record for ite (s) on \J 11 /t , City Clerk Relieved of Duty - - Terminated - Mar 19, 2014 Page: t 1 Report summary: totals by incident type: Incident type Received Administrative Complaint 0 Citizen complaint 32 Driving Complaints 0 Firearm discharge 1 Relieve Reassigned 0 Relieved of Duty 1 Use of force 25 Printed: Apr 18, 2019 10:24 By: Adm Assist I Lauren Diaz Employee: Classification: Submitted into the public record fig ite (s 5 6 on k 1 1 i !ZU . City Clerk Labor r ''ations reviewed 2/6/14 • .:" ---- Miami Police Department 1 4- r. z :.Manuel Orosa, Chief of Police Jeanpaul Guillot Sergeant P.I.N. 2289 Assignment: F.O.D. REPRIMAND: (If more space is needed, use additional pages) As a result of the Internal Affairs Investigation (Case Ai 13-027), attached hereto and incorporated herein an allegation of Misconduct, Negligence of Duty and Improper Procedure against Sergeant Jeanpaul Guillot #2289 was Substantiated. Upon completion of this investigation, the following facts were revealed: On J' nit y 4, 2013, Mr. Miguel Zayas-Oviedo was arrested. His friend, Ms. Jessenia Garcia went to the -incident-location-due to -his arrest. Sergeant-Jeanpaul Guillot-allowed -Ms. Garcia -to drive Mr. Zayas= Oviedo's vehicle from the scene in lieu of towing it. Ms. Garcia returned to the scene a few minutes later, because she had lost her I -Pod. She stopped the vehicle on the roadway to speak to the officers, then was arrested and charged with ''Tag Unlawful Alteration" a noncriminal traffic infraction (Not Punishable By Incarceration). She vas booked into Miami Dade County Jail as a result of a change in the statute on the arrest affidavit, from a noncriminal traffic infraction to a misdemeanor of the second degree. There was only one vehicle involved in this incident. The tag and decal numbers associated to Ms. Garcia's arrest are the same as those registered to Mr. Zayas-Oviedo's vehicle, which he was driving at the time Sergeant Guillot arrested him. Page 1 of 8 Distribution: Disciplinary Detail ( Original) Recommended by: Copies: Sergeant / Supervisor: Employee Lieutenant: Employee's Unit/Section File Captain: Police Personnel File Commander: Internal Affairs Major: Dept. of Employee Relations Assistant Chief: Labor Relations Deputy Chief of Police: Chief of Police: Employee MUST initial his/her choice for each statement below. 1) I AGREE 2) I AGREE Or I DISAGREE Or I DISAGREE SIGN P.I.V. DATE a-ir-/ ( ) \A) 1 a/VITH THE FACTS AS STATED, ITH THE RECOMMENDED PENALTY. • )(---)•i`\ .3(011/4 DDRB Review (SWORN ONLY): To request a DDRB hearing, you must submit a written request to the Disciplinary Detail Commander within 10 calendar days from the date of receipt of this document. Failure to do so will constitute a waivgr of this entitlement. Employee Signet P.I.N.: DATE: REPRIMAND (Continuation) Employee: Page 2 of 8 Jeanpaul Guillot Submitted into the public record foir ite (s) 5P + b on 1 /11 / a. City Clerk P.I.N. 2289 Officer Juan Ortega 428414, signed Ms. Jessenia Garcia's arrest affidavit in the area which states: I swear that the above statement is true and correct" above the line for Officer/Complainant signature. The names Ortega/Vargas were written underneath the signature. Sergeant Jeanpaul Guillot signed Ms. Garcia's arrest affidavit in the area which states "Sworn to and subscribed before me". Sergeant Guillot had knowledge that Ms. Garcia was being arrested for a tag related offense on the vehicle he released to her. There is no evidence or information that Ms. Garcia committed either the noncriminal traffic infraction of Tag Unlawful Alteration which she was arrested for or the crime of registering a motor vehicle by means of false or fraudulent representations that she was charged with. The investigation revealed that the facts included in the arrest affidavit associated to the arrest of Ms. Garcia were 9ct and untruthful. The Miami Dade County Records Department provided a copy of the original arrest affidavit filed for Ms. Jessenia Garcia, reference City of Miami Police Department case #130104-003998.The Florida — r Statute--Number--on the -original arrest -affidavit -was changed -from 320.061—to320.02006—There are initials written next to the change. It is unclear if the initials are A.V. or L.V. Ms. Jessenia Garcia was transported to Miami Dade County Jail and booked into the facility by Officer Luis Vargas #28407. The narrative of the arrest affidavit associated to Ms. Jessenia Garcia's arrest states: DEF WAS OBSERVED DRIVING A WHITE OLDSMOBILE BEARING FL TAG BGCR01.I PROCEED TO STOP DEF REF SUMMON 4020362V (Obstruct Traffic) COMPUTER CHECK REVEALED THAT THE TAG WAS UNLAWFULLY ALTERED (YELLOW STICKER DOESN'T BELONGS TO THE VEHICLE) INSTEAD BELONGS TO A 2002 CADILLAC). THE TAG THAT BELONGS TO THE DEF WAS EXPIRED ON 09/07/2012. DEF ARRESTED. Ms. Jessenia Garcia was issued two citations. The citations were written by Officer Juan Ortega and Officer Luis Vargas. Citation # 0203-GZVX was issued for Obstructing Traffic (FL State Statute 316.1945). Citation #AOARB7P was issued for Tag Unlawful Alteration (FL State Statute 320.061). The information included on both citations states Ms. Garcia was driving a 1994 Oldsmobile 4 Door, White, with vehicle license number BGCR01, expired 2012. The 1994 Oldsmobile was towed by Kings Wrecker Service. The Tow Slip included the following information. Mr. Miguel Zayas-Oviedo is listed as the registered owner and Ms. Jessenia Garcia as the driver. The Florida Tag # BGCR01, VIN# 1G3HN5214R4816157 and Decal #18313880 were included. The reason for towing the vehicle indicates the driver was arrested. The vehicle tag number and decal number Written on the tow slip match those listed on Mr. Zayas-Oviedo's vehicle registration. A Transaction Archive Report (TAR) shows that at 1842 hours, Dispatcher Sandra Garcia queried license plate number BGCRO1 (1994 Oldsmobile 4 Door). At 1906 hours, Officer Paolo Daneri queried the license number G620431886730 (Ms. Jessenia Garcia). At 1912 hours, Officer Juan Ortega queried the license plate number BGCR01. At 1917 hours, Officer Juan Ortega queried the license number G620431886730 (Ms. Jessenia Garcia). At 2002 hours, Dispatcher Shekita Johnson queried license plate number BGCRO1 (1994 Oldsmobile 4 Door). At 2317 hours, Dispatcher Nadine Cherisol queried license plate number BGCRO1 (1994 Oldsmobile 4 Door). REPRIMAND (Continuation) Page 3 of 8 Submitted into the public record f9r it(s) 3 s 1) on 1 / h1,0 . City Clerk Employee: Jeanpaul Guillot P.I.N. 2289 The Florida DHSMV information for the vehicle shows that the 1994 Oldsmobile, Florida Tag #BGCR01 (VIN#1G3HN5214R4816157), 2012 Decal 418313880, is registered to Mr. Miguel Zayas- Oviedo. The plate was issued May 17, 2012 and the registration expired September 7, 2012. The Florida DHSMV, the Driver And Vehicle Information Database (DAVID), nor the Transaction Archive Report (TAR) associated to this incident show any information for a 2002 Cadillac as stated in the arrest affidavit. The only decal provided on the associated paperwork for Ms. Jessenia Garcia's arrest is #18313880, which is assigned to the 1994 Oldsmobile, registered to Mr. Miguel Zayas-Oviedo. Mr. Miguel Zayas-Oviedo was stopped for a traffic violation and charged with Driving while License Suspended and also for a Bench Warrant for Driving While License Suspended (Case #130104-003940). Mr. Zayas- Oviedo was issued two citations. Citation-AOAPYRP was issued for Driving While License Suspended-(DWLSy with -Knowledge (FL -State-Statute-3a2 34(2).-Citation--#AOAPYQP -was issued for Illegal U Turn — No Turns Sign Posted (FL State Statute 316.074(1). The information included on both citations indicated Mr. Zayas-Oviedo was driving the 1994 Oldsmobile 4 Door, White, with vehicle license plate number BGCR01, expired 2012. The Release Form and Disclaimer on the back portion of Mr. Miguel Zayas-Oviedo's arrest affidavit was not completed by Sergeant Jeanpaul Guillot or signed by Mr. Miguel Zayas-Oviedo. , The form should we -included information indicating that the vehicle was released to Ms. Jessenia Garcia. Officer Juan Ortega stated that Sergeant Jeanpaul Guillot told him that Ms. Jessenia Garcia was going to be arrested for Tag Unlawful Altered. Officer Ortega stated that he wrote the arrest affidavit for Ms. Garcia based on what Sergeant Guillot told him and signed it. He stated that he saw the vehicle tag did not have the correct decal, but did not see Ms. Garcia change the tag at any point. He had no information to indicate that Ms. Garcia was the person that placed the tag on the vehicle. Officer Ortega stated that he did not have any facts to support the charge against Ms. Garcia, apart from Sergeant Guillot telling him to write the arrest affidavit. Officer Ortega stated that Sergeant Guillot told him that Ms. Garcia was going to be arrested for Tag Unlawful Altered and that he obtained the statute number 320.061 from the Florida Traffic Laws Reference Guide issued to him by the City of Miami Police Department. Sergeant Guillot told him to use this statute and he looked up the statute number. Officer Ortega stated that he did ge the Florida State Statute on Ms. Garcia's arrest affidavit. He stated he did not know why the ge was made. The 2013 Florida Traffic Laws Reference Guide was reviewed. The Registration/Tag/Permits section (Page 22) contains the following information: 320.061 TAG/Vehicle Registration — unlawful Alteration Class N Points 0 The Traffic Violation Classification (Page 1) identifies N = Non Moving Infraction Sergeant Jeanpaul Guillot stated that Officer Juan Ortega came to him to report what was going on and told him he gave Ms. Jessenia Garcia a ticket for obstructing and in the process found there was an issue with the tag. Officer Ortega told him that they had Ms. Garcia for the tag not assigned or tag something; it was something related to the tag. something about the tag being altered. REPRIMAND (Continuation) Employee: Submitted into the public record fr.iteyncs) `;, { t, on III y (Al: . City Clerk Page 4 of 8 Jeanpaul Guillot P.I.N. 2289 Sergeant Jeanpaul Guillot stated that Ms. Garcia was being arrested for something with the tag. He stated he shrugged it off and said "Ok. You got her for that, that's fine. That's it." He did not know if Ms. Garcia had already been handcuffed. He stated that he did not tell Officer Juan Ortega to arrest Ms. Jessenia Garcia for any charge. Officer Ortega made the decision to arrest Ms. Garcia. Sergeant Guillot stated that he told Officer Ortega to take the appropriate action, because they had enough probable cause to arrest Ms. Garcia for disorderly conduct and resisting. During the time they dealt with her she did not obey a lawful command. He stated that he witnessed Ms. Garcia commit the violation of obstructing traffic. Sergeant Guillot stated that he is the supervisor who signed Ms. Jessenia Garcia's arrest affidavit. The arrest affidavit he signed did not have the statute number modified. He did not know why the change to the statute number was made. He stated that no one contacted him to make a change to the arrest affidavit. He stated that when he reviewed the arrest affidavit he did not have any issue with it. He read the arrest affidavit into the record, and when asked stated that it did not contain the elements -indicating how=the-tag-was altered. None of the statements provided by the involved persons or police personnel indicate that Ms. Jessenia Garcia committed the violation of altering the license plate on the 1994 Oldsmobile, which was registered to Mr. Miguel Zayas-Oviedo. Ms. Garcia was only in possession of the vehicle, because she was allowed to drive the vehicle by Sergeant Jeanpaul Guillot. FINDINGS: As to the allegation of Misconduct, Negligence of Dutv, and Improper Procedure lodged against Sergeant Jeanpaul Guillot: Substantiated As it relates to the allegation of Misconduct, this investigation has clearly shown that there was no evidence or information that Ms. Jessenia Garcia committed the noncriminal traffic infraction of Tag Unlawful Alteration that she was charged with. Sergeant Jeanpaul Guillot was aware that Mr. Miguel Zayas Oviedo was the registered owner of the 1994 Oldsmobile. He allowed Ms. Jessenia Garcia to take possession of the vehicle and told her to leave the area. Sergeant Guillot confirmed that Officer Ortega spoke with him and advised him there was an issue with the vehicle tag and that Ms. Garcia was charged for a crime related to the vehicle tag being altered. None of the statements provided by the involved individuals or police personnel indicate that Ms. Garcia committed the violation of altering the tag. Sergeant Guillot signed Ms. Garcia's arrest affidavit in the area which states "Sworn to and subscribed before me". Ms. Garcia was arrested, transported to Miami Dade County Jail for booking into the facility for a noncriminal traffic infraction (Not Punishable by Incarceration) which she did not commit. Ms. Garcia had not been arrested prior to this incident and did not have a criminal past. The facts included in the arrest affidavit associated to the arrest of Ms. Jessenia Garcia were incorrect grid 'untruthful. Based on his statement, Sergeant Jeanpaul Guillot had knowledge that the arrest affidavit wa'§ not correct, incorrectly completed and contained untruthful information:' By allowing the arrest affidavit, identified as the charging document for court related proceedings, to contain information which was not correct or truthful, Sergeant Guillot filed a false report. He knowingly caused inaccurate, fuse, and improper police information to be entered in departmental records and reports. REPRIMAND (Continuation) Employee: Submitted into the public , record f r ite (s) on City Clerk Page5of 8 Jeanpaul Guillot P.I.N. 2289 As it relates to the allegation of Negligence of Duty, this investigation has clearly shown that Sergeant Jeanpaul Guillot did not ensure the accuracy and completeness of all of the reports which were written. Additionally, Sergeant Jeanpaul Guillot stated that he witnessed Ms. Jessenia Garcia commit the violation of obstructing traffic and incorrectly stated that this violation is an arrestable offense (Punishable by Incarceration), because a violation of this section is a noncriminal traffic infraction; punishable as a nonmoving violation. Sergeant Guillot stated that the charge of unlawful alteration of a vehicle license plate is arrestable (Punishable by Incarceration), he was incorrect because the violation is a Non Moving Infraction. Members are required to have a thorough knowledge of the State and Federal Statutes, as well, as the elements that constitute criminal acts they shall also acquaint themselves with the fundamental rules of evidence. The allegation of an altered decal would require the officer to collect the vehicle license plate with the attached altered decal, which is identified as evidence. The vehicle license plate was not turned into the City of Miami Property Unit. No evidence was turned into the City of Miami Police Department Property Unit reference this case. As a Sergeant of Police, Sergeant Jeanpaul Guillot is identified as a Superior Officer and, therefore, is also accountable for all activities of employees under his immediate control. Sergeant Jeanpaul Guillot had knowledge that the arrest affidavit was not correct. Therefore, the arrest affidavit was incorrectly completed and contained untruthful information. Sergeant Guillot did not take the, actionrequired in order to correct those documents. As it relates to the allegation of Improper Procedure, this investigation has clearly shown that the Release Form and Disclaimer on the back portion of Mr. Miguel Zayas-Oviedo's arrest affidavit was not completed by Sergeant Jeanpaul Guillot or signed by Mr. Miguel Zayas-Oviedo. The form should have included information indicating that the vehicle was released to Ms. Jessenia Garcia. It is the responsibility of all officers who respond to police related incidents to obtain all appropriate information, complete the appropriate reports, and ensure accuracy and completeness of every report written. Therefore, Sergeant Jeanpaul Guillot is found to be in violation of the following Departmental Ofde s: Departmental Order 1, Chapter 11, Sections 11.6 GEIRAL RULES OF CONDUCT: 41.4-ADMINISTRATION: 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 anncorinv REPRIMAND (Continuation) Page 6 of 8 Employee: Jeanpaul Guillot Submitted into the public , record f r item(s) ;) on_ City Clerk P.I.N. 2289 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. 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 need may be. They shall: keep themselves informed of all 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. 11.4.3.3 _Responsibilities: Commanding officers _shall be responsible for insuring_ the proper performance of all police duties by subordinates under their command. They shall also insure that subordinates fulfill their duties as outlined in the Departmental Orders, Rules and Regulations, Standard Operating Procedures, and any other official directive. 11.4.6 Superior Officers are accountable for all activities of employees under their immediate control. 11.6.5 Arrests: 11.6.5.9 Inform Arrestees of Cause of Arrest: At the time of arrest, if practical, and without jeopardizing the arrest, the person arrested has a right to know and shall be informed of the true reason for his/her arrest. The officer's authority shall be announced if he/she is in civilian clothes or if his/her authority is not readily visible to the arrestee. 11,6.15.6 Rights of Prisoners: All officers should know that the prisoner has certain rights guaranteed to him by the United States and Florida Constitutions. The following are some of those rights: 11.6.15.6.1 Prisoners shall not be arrested or detained except for the commission of an act or an o• mission forbidden by law and only upon possible cause. -11:6:17 Disciplinary fiction - 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. 11.6.17.7 Conduct unbecoming a police officer that shall include any act or conduct not specifically merianed in these Rules and Regulations that tends to bring the Department into disrepute or reflects discredit upon the individual member as a police officer. 6 Ignorance of the contents of this Chapter of Rules and Regulations in the Departmental Orders. 11.6.28 Laws - Ordinances: REPRIMAND (Continuation) Page 7 of 8 Submitted into the public record fpr ite (s) cj2 4 6 on 1 I i /to . City Clerk Employee: Jeanpaul Guillot P.I.N. 2289 .11.6.28.1 Members to Have Knowledge: Nfembers shall acquire a thorough knowledge of the City O(dinances and Regulations, County Codes, and State and Federal Statutes; of which the Police Department take cognizance, as well as the elements that constitute criminal acts in violation of the various sections thereof; and they shall acquaint themselves with the fundamental rules of evidence. 11.6.28.3 Members and Civilian Employees to Conform: Members and civilian employees shall be required to conform to and abide by the Rules and Regulations, Departmental Orders and other directives of the Police Department, the Ordinances of the City of Miami and the County of Dade, and the laws of the State of Florida and the United States of America. 11.6.41.3 Filing False Report: No member or civilian employee shall make a false official report or knowingly enter or cause any inaccurate, false, or improper police information or other material to be entered_in any departmental books records. or reports. A member or a civilian employee must speak the truth at all times and under all circumstances. Any member or civilian employee who departs from the truth in giving testimony, in an official written report, in connection with an official order received by himiher, or in his'her official duties shall be considered in violation of this rule. 11.6.53 Truthfulness: 11.6: 3:1 Members and Civilian Employees to be Truthful: Any member or civilian employee who departs from the truth, either in giving testimony or in connection with any official order received by him or in his official duties, shall be considered in violation of this rule and subject to charges being filed. Members and civilian employees are required to speak the truth at all times and under all circumstances, whether under oath or otherwise, except in cases where they are not allowed by Rules and Regulations to divulge the facts within their knowledge. In those cases, they will say nothing (See Section 11.6.40.1). Departmental Order 9, Chapter 10, Sections; 10.1 PO r�ICY: The policy of the Miami Police Department is to insure proper investigation, protection and preservation of potential evidence at crime scenes. The coordination of crime scene evaluations and processing is between the investigative elements (personnel) of the Miami Police Department and other involved agencies. „10.3 RESPONSIBILITIES: It is the primary responsibility of the primary officer (dispatched) to secure the crime scene. This responsibility will extend to other personnel throughout the investigation. These responsibilities are to include securing and protecting the scene; documenting all entries of persons into the scene. Under exigent circumstances the officer may photograph, diagram, and sketch the scene; along with protecting, collecting and preserving evidence. Departmental Order 11, Chapter 8, Sections; REPORTING PROCEDURES REPRIMAND (Continuation) Page8of 8 Employee: Jeanpaul Guillot Submitted into the public, record f r ite (s) r3Y, ( on 1 i �� Lei . City Clerk P.I.N. 2289 8.3RESPONSIBILITIES: It is the responsibility of all officers who respond to police related incidents to obtain all appropriate information and complete the appropriate reports. It is also the responsibility of the officer to ensure accuracy and completeness of every report written. The officer will also ensure that these reports are turned in to his her Sergeant for review at the end of his/her tour of duty. Departmental Order 11, Chapter 16. Sections; ARREST PROCEDURES 1, s4 I ully and accurately completing the complaint/arrest affidavit and any other applicable reports. 16.4 PROCEDURES: When a felony or misdemeanor arrest is made, the arresting officer shall: L 16.4.1 Establish probable cause for the arrest. Sergeant Jean Paul Guillot is also found to be in violation of the following City of Miami Civil Service Rules and Regulations: Civil Service Rules and Regulations: Section 14.2 Grounds for Dismissal, Suspension and Demotion. The following are declared 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: (3) resulted, or reasonably might be expected to result, in loss or injury to the City or to the public or to the prisoners or wards of the City; or (h) Has been guilty of actions which amount to insubordination or disgraceful conduct, whether committed on duty or off; (k) Is incompetent, negligent, or inefficient in the performance of the duties of the position held. Therefore, due to the Misconduct, Improper Procedure and Neglect of Duty as described in this report, and for,,violation of Miat#1,Poli Departmental Orders and City of Miami Civil Service Rules ant. Regulations, by Sergeant Jeanpaul Guillot; and considering Sergeant Guillot's Disciplinary Profile, II` recommend he receive this reprimand and that he be terminated from w employment with the City of Miami Police Department. • Name Payen, Benjamin Richards, Sabrina XXX-XX- Gomez, Edwin ________ XXX-XX- Cruz, Santiago w 4�XXX-XX- CITY OF MIAMI ELIGIBLE REGISTER 5012 & 5012-20141006-Orig Police Lieutenant 10/24/2014 5:00:00 PM SSN Race Genders Total I Total 1 Score I Rank XXX-XX- Black or African , Male 54.24-10 ` 83 American (Non - Hispanic) .. Black or African Female !. 53.02461 84 53.024.6i American (Non- Hispanic) Hispanic or Latino Male 51.638-0; 851 51.63-80' Asian 'Female 47.9534 86 'Perez, Alberto XXX-XX- Hispanic or Latino Male 46.9370' 87 3 XXX-XX- White (Non -Hispanic)! Male 1 45.5287' Mitchell, Omar XXX-XX- Black or African : Male 43.2479, American (Non- ! Hispanic) I XXX-XX- Hispanic or Latino { Male j 41.8707} XXX-XX- Hispanic or Latino I Female ' 39.2523, 91 XXX-XX Black- or African Pankowski, Robert • Lazcano, Jorge Garcia, Madelin Forbes, Anton American (Non - Hispanic) Submitted into the public record f rite (s) Cif, Clerk on tJ_LLL_�U —' j Exam Veteran's City App Date 'Date Eligible! Notify Score ; Preference Employee Received 54.2410. 47.9534, 46.9370: 88 45.52871 89 43.2479, 90 • 41.8707; 39.2523- ! Male 38.5671 92 38.5077 NOTES: Supplemental examination process held to include two-(2) eligible P.7of7 Yes 10/20/2014 3/18/2015 , E 12:54:53 PM 111:37:15 AM' Yes 1-0/22/2014' ; 3/18/2015 iE 2:04:03 PMI 11:37:15 AM' Yes 10/22/2014 3/18/2015 ` E 9:18:12 PM, 11:37:15 AM1� __. Yes 10/10/2014 3/18/2015 i E y-` 9:53:49 AM 11:37:15 AM I Yes lot! 912014 ' 3/18/2015 ' E 1:49:02 AMA 11:37:15 AM 10/17/2014 i 3/18/2015 : E 7:56:19 AMI 11:37:15 AMI Yes 10/15/2014 i 3/18/2015 E 9:37:19AM! 11:37:15 AM' Yes , 10/24/2014 4 3/18/2015 s E __ - 412:53:38 AM' 11:37:15 AM! Yes 10/11/2014 1 3/18/2015 ', E 5:29:15 PM_ ° 11:37:15 AM Yes 10/17/2014 ' 3/18/2015 : E 10:39:12 AM' 11:37:15 AM Yes Total Count of Eligibles # 92 Public Information Office, 400 NW 2 Ave., Room 220, Miami, Florida 33128 (3115} 603-6420 Date: November 30, 2018 Submitted into the public record cor it (s) 5Y, b on 1 / 11 / tO . City Clerk Subject: CHIEF COLINA STATEMENT A disturbing video has surfaced in which a City of Miami Police Sergeant is seen discarding religious contents while making anti-Semitic comments. The City of Miami Police Department has suspended the employee pending an open Internal Affairs investigation. The actions of thiA employee 1 ki4., were found to be inconsistent with. the mission and values of. our departxn.ent. As Chief of Police, 1 v ill continue: to uphoilti Ow expectations of professionalism and ethical 16.1 behavior of all our officers at all times I would like to reassure our citizens of all faiths that we stand in solidarity with them. Chief of Police . Jorge R. Colina r°rcparc l Chief Jorge R. Colina Reviewed by: Cas ; N/A Transmittal Date & Time November 30, 2018 Jorge R. Colina, Chief of Police Submitted into the public record i rite (s j SQ . on 1 111 1i11 . City Clerk CMIA SWORN POLICE OFFICER REPORTS DATE BM BM % BF BF % TTL # of PD 1 11/26/2019 216 16.5 121 9.3 1307 2 11/31/2018 220 17 118 9.1 1293 3 12/31/2017 221 17.2 123 9.6 1282 4 12/31/2016 236 17.9 134 10.1 1321 5 12/31/2015 215 17.3 132 10.6 1246 6 12/31/2014 205 18.1 125 11 1135 7 12/31/2013 206 18.7 126 11.4 1103 8 12/31/2012 206 19.7 124 11.9 1044 9 12/31/2011 208 19.8 131 12.5 1052 10 12/31/2010 209 19.2 136 12.5 1089 According to the 2018 and 2019 CMIA Sworn Offircer Report, under Chief Colina's administration, the number of black male officers has decreased 220 out of 1273 (17 ) in 2018 and Submitted into the public record fqr ite (s on \ /11 City Clerk of 0 % City of Miami Legislation Resolution: R-19-0213 Submitted into the public record fpr ite (s) C)C, on 1M / tO . City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5886 Final Action Date: 5/23/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION RENAMING THE CITY OF MIAMI'S POLICE TRAINING FACILITY, CURRENTLY REFERRED TO AS THE MIAMI POLICE COLLEGE, LOCATED AT 400 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, THE "CHIEF CLARENCE DICKSON POLICE COLLEGE"; DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THE RENAMING OF SAID FACILITY. SPONSOR(S): Commissioner Keon Hardemon, Commissioner Manolo Reyes, Mayor Francis X. Suarez WHEREAS, the City of Miami ("City") desires to recognize and honor the legacy and invaluable service of former Miami Police Department ("MPD") Chief of Police Clarence Dickson ("Chief Dickson") as a public servant to and for the City; and WHEREAS, Chief Dickson became the first African American to attend the City's Police Training Academy; and WHEREAS, Chief Dickson began his career at MPD as a police officer in 1960 and was amongst the first African American patrolmen to integrate the MPD; and WHEREAS, Chief Dickson was ultimately appointed MPD's Chief of Police in 1985, a position he held with honor and distinction until his retirement in 1989; and WHEREAS, Chief Dickson became the City's first African American Chief of Police after rising through the ranks, due to sheer determination, exceptional work ethic, and perseverance; and WHEREAS, Chief Dickson's lifetime achievements have gamered him the admiration of the City's officials, his colleagues, and the residents of the City; and WHEREAS, Chief Dickson has established himself as one of the City's most influential people; and WHEREAS, Chief Dickson's contributions have been numerous, leaving behind a department that overcame various challenges to win the trust of the City's residents for the overall benefit of the City; and WHEREAS, Chief Dickson's leadership increased accountability of MPD, by not only holding police officers accountable, but by also holding supervisors within the chain of command responsible for their officers' performance; and WHEREAS, Chief Dickson has been recognized as a leader and expert in law enforcement and democratic policing; and City of Miami Page 1 of 2 File ID: 5886 (Revision:) Printed On: 6/4/2019 Submitted into the public record for itein(s ) 5 V + ( on 1111 LO . City Clerk File ID: 5886 Enactment Number: R-19-0213 WHEREAS, Chief Dickson was widely regarded as one of the most progressive and effective police chiefs in the City; and WHEREAS, in 2007, the City Commission adopted Resolution No. 07-01315 authorizing the City Manager to execute an interlocal agreement with the Miami -Dade County School Board pertaining to the design, construction, and funding of a co -located International Police Training Facility known as the "Miami Police College" and the "Law Enforcement High School" on City - owned property created from the unification of properties located at 400 Northwest 2nd Avenue, Miami, Florida; and WHEREAS, the City is the owner of a structure currently known as the "Miami Police College" located adjacent to the Miami Police Department Central Station; and WHEREAS, officially designating said structure the "Chief Clarence Dickson Police College" would serve as a fitting recognition to the dedication and commitment to service demonstrated by Chief Dickson during the span of his career and his legacy to the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami City Commission hereby renames the Miami Police College located at 400 Northwest 2nd Avenue, Miami, Florida the "Chief Clarence Dickson Police College." Section 3. The City Manager is directed to take any and all administrative actions necessary to effectuate the renaming of said facility. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: na ndez, ity ttor 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File ID: 5886 (Revision:) Printed on: 6/4/2019