December 7, 2007 VIA CERTIFIED MAIL #7006 2760 0002 0462 3649 Theron L, Poteat Dear M11 Potcat: GG The GEO Group, Inc. South Bay Correctional Facility 600 US Highway 27 South South Bay, Florida 33493 150561 992 9505 9551 Effective im1ne11. You arcp1'ohibi1cd into the faciIiIy\\'i1I1out autI1<>rifation Hom mv Ifyou have any questions you may conuxczt this ofiicc. Sincerely* ,mast Ward en cc: I' Signature of Employee: 5" Person Serving Notiicatione%$7 Rank Case# 0131 -s Glade maiim. iris, SOUTH BAY CORRECTIONAL EMPLOYEE DISCIPLINARY HEARING RECORD NOTIFICATION EMPLOYEE: Theron Poteat 107139 RANKIPOSITION TITLE: Lieutenant You are ?:heguIed to appear for an Employee Review Hearing to be held in the Assistant Warden/ Warden's i Ofnce a A PM) on f> This hearing will be convened to consider allegations of the rule violation(s) against you. The specific offense(s) are as follows: NO: LEVEL: VIOLATION: Providing False Testimony NO: LEVEL: VIOLATION: F.A.C. Improper Conduct Synopsis of Incident: Lieutenant T. Poteat provided false testimony when he refused to truthfully answer questions specifically related to the performance of his duties by denying; that he made the statements as indicated in Sgt. Coleman and Ofncer Williams' Incident Reports and by showing improper conduct in using profane/abusive language in dealing with a person under his supervision byistating, "You all going to make me put my foot in one of you nlggers' ass." Summary: (See attached FDOC Report of Investigation #07-0052) lnmate(s) Staff Mernber(s) Involved: Sgt. W, Coleman, Ofc. R. McKenzie, Ofc. L. Williams, Ofc. J. Evans, Date Reported: Person Reporting: IM Coleman, Ofc. L. Williams Date of Investigation; 2/26/07 Date completed: 513/07 Be Advised that You May: A. Review the evidence to be presented (subject to disclosure) B. Present oral or written statements in your behalf; C. Call witnesses or union committeeman in your behalf (at no expense to GEO) D. Ask questions of person(s) who appear as witnesses against you (confidential informants may be questioned only at the Assistant Warden Wardens discretion). I, the undersigned, do do not wish to appear at a hearing, I understand my failure to appear without prior notice may constitute a waiver of the right to a hearing. Date Noimea? Time ofNotitication: /Ko 7 PM) Signature of Employee: Person Sewing Notificatl Rank JIDEPARTMENT OF CORRECTIOI . INCIDENT REPORT REPORTING South Bay Correctional REPORT NUMBER: REPORTING OFFICER: SGT. W, Coleman DATE OF INCIDENT: 2/26/07 t/ INVOLVED: OFC. R. Mckemie TIME OF 1230 .I wY DETAILS OF INCIDENT: On 2/26/07 at approximately l2:30 pm Officer L. Williams called Officer R. Mckenzie over the radio aIId advised her I0-40 (food) was in the arsenal. When she arrived she asked Officer Williams if she could eat in the Key Control Ofiiee. I was on the Arsenal side. About 5 minutes later LT. Poteat came in the outside Arsenal door with the O.I.C. Arsenal keys (I saw him enter on the Arsenal camera). I heard Officer Williams state what`s up LT. LT. Poteat answer, "you know what's up", and all y2l'|l know what's up. Hc than states so this is where you go to eat, so this is where y0ll sneak off to, so this is you'll hiding spot. Officer Williams stated," What are you taking about?" LT. Poteat stated you know! You know! You know! He than asked Officer Mckenzie, how you going to do me like this? What the fuck you doing in here? "She stated eating". <2 REPORTING EMPLOYEE DATE SHIFT 0.l.C, COMMENT: OFFICER IN CHARGE DATE REVIEW: I 1 2 Office of the Inspector General Report of Investigation gee* Florida Department Of Corrections Paul C. Decker, Inspector General Inspector General Case 07-40520 Facility: South Bay Correctional Facility Classification of Incident: Improper Conduct Field Office/Region: Ft. Lauderdale/IV Incident Date: Febmaxy 26, 2007 Time: 12:30am Inspector: Carolyn Foster Date of Report: April 12, 2007 Case TypeUEEDEDU 5 "sf Il Confidential Medical Information Prison Rape Elimination Act Number (if applicable) Principal(s) Exhibits Attached Department of Corrections presented to State Attorney Declined Accepted Use Of Force Number (if applicable) Equal Employment Opportunity Commission (EEOL) Addendum Sergeant Wintali Coleman and Officer Lenard Williams alleged that Lieutenant Theron Poteat entered the Arsenal and questioned Oflicer Robbieyetta McKenzie about why she was in the Arsenal, Lieutenant Poteat told Officer McKenzie, "Get your ass out of here now." Sergeant Coleman and Officer Williams heard a slapping sound. Lieutenant Poteat stated, "You all going to make me put my foot in one of you niggers' ass." SUMMARY OF FOR 0 Lieutenant Theron Poteat has violated F.A.C. False Testimony), (No employee shall refuse to truthfully answer questions specifically related to the performance of his or her official duties), by denying that he made the statements as indicated in Sergeant Coleman and Officer Williams' Incident Reports and F.A.C. Conducq, (No employee shall use profane or abusive language in dealing with a person under his supervision), by stating, "You all going to make me put my foot in one of you niggers' ass." There is insufficient evidence to support the allegation that Lieutenant Poteat slapped Officer McKenzie. +1 0, 0 Florida Department Of Corrections iw" of the Inspector General 5 5 Report of Investigation Paul C. Decker, Inspector General Case Number: 07-40520 Correctional Officer Robbieyetta McKenzie has violated F.A.C. False Testimony) (No employee shall refuse to truthfully answer questions specifically related to the performance of his or her official duties), by denying that Lieutenant Potent made the statements as indicated in Sergeant Coleman and Officer Williams' Incident Reports. Page 2 st Wi/ Case Number: 07-40520 Title DC Ser eant Name Com lamant Coleman, Wintah Victim McKenzie Lenard Evans Jennifer Witness es Poteat Theron Lieutenant McKenzie Sub ect 7 Office of the Inspector General Report of Investigation Paul C. Decker, Inspector General Correctional Oflicer Correctional Oliicer Correctional Officer Coretional Oticer Florida Department Of Corrections 5/16/72 Em lo ee 9/9/80 3/5/58 4/1/81 9/8/64 9/9/80 1 D- ., . Robbie etta Robbi etta Arrest: lj Employee 1:1 Inmate lj Other Guilty EI Addendum Pending Charges: Not Guilty Nolo Contendere Felony lj Misdemeanor EI P.T.I. Date of Arrest: Other (explanation): Date Reported: Sentence of Court /Agreement: Administrative Violation(s): F.A.C. and (9) Providing False Testimony and Improper Conduct Evidence: lj Weapon If] Drugs Other Agency Case Number: FINDINGS: lj Other Describe: ln an Incident Report prepared on March l, 2007, and in a sworn, taped statement taken on March 14, 2007, Sergeant Wintali Coleman indicated the following: On February 26, 2007, at approximately 1230 hours, Officer Williams called Officer McKenzie over the radio and advised her food was in the Arsenal. When Officer McKenzie arrived, she asked Williams if she could eat in the Key Control Otiice. About tive minutes later, Lieutenant Poteat entered the Arsenal door with the Arsenal keys. He heard Williams state, "What's up, Lieutenant Poteat stated, "You know what's up. All of you know what's up." Lieutenant Poteat stated, "So, this is where you go to eat? This is where you sneak of to? This is your hiding spot?" Oflicer Williams stated, "What are you talking about?" Lieutenant Poteat stated, "You know, You know." Lieutenant Poteat then asked Officer McKenzie, "How you going to do me like Page 3 Florida Department Of Corrections gf or *fi Office ofthe Inspector General . . I 2 Report of Investigation 1 - Paul C. Decker, Inspector General - as "ai Case Number: 07~40520 this? What the tuck you doing in here?" Officer McKenzie stated, "eating" Lieutenant Poteat stated, "Get your ass out of here now." He heard a slapping sound. Oflicer McKenzie stated, "okay" and len. Lieutenant Poteat walked out yelling, "Y'a1l going to make me put my foot in one of you niggers' ass." He later saw Oliicer McKenzie on the breezeway. He observed a bruise on her right cheek. (Exhibits B-1) In an Incident Report prepared on March 1, 2007, and in a sworn, taped statement taken on March 14, 2007, Officer Lenard Williams indicated the following; On February 26, 2007, at approximately 1230 hours, he called Ofncer McKenzie over the radio and advised her food was in the Arsenal. When Oliicer McKenzie arrived, she asked him Williams) if she could eat in the Key Control About five minutes later, Lieutenant Poteat entered the Arsenal door with the Arsenal keys, stated, "What's up, Lieutenant Poteat stated, "You know what's up. All of you know what's up." Lieutenant Poteat stated, "So, this is where you go to eat? This is where you sneak oif to? This is your hiding spot?" Williams stated, "What are you talking about'?" Lieutenant Poteat stated, "You know. You know." Lieutenant Poteat then asked McKenzie, "How you going to do me like this? What the fuck you doing in here?" Officer McKenzie stated, "eating" Lieutenant Poteat stated, "Get your ass out of here now." He heard a slapping sound, Ofhcer McKenzie stated, "okay" and left, Lieutenant Poteat walked out yelling, "Y'all going to make me put my foot in one of you niggers' ass." (Exhibits A-2 B-2) In a sworn, taped statement taken on March 14, 2007, Oiicer Jennifer Evans indicated the following: Officer McKenzie gave her money to get Lieutenant Poteat some food. When Oliicer Evans returned, she saw Officer McKenzie and Lieutenant Poteat behind the Arsenal; they appeared to be arguing. She attempted to give the food to Lieutenant Poteat. Lieutenant Poteat stated, "Tell her to give it to the other mother fucker she just had lunch to Oywcer McKenzie), Ofiicer Evans took the food to Auxiliary Control. She later saw Officer McKenzie on the breezeway and told her Lieutenant Poteat refused to take the food. Officer McKenzie was crying, calling Lieutenant Poteat crazy and stated she wanted to go home, Officer Evans went to the Training Room to get Officer McKenzie's keys, but Lieutenant Poteat would not give them to her. Lieutenant Poteat stated, "Lf she wants them, tell her to come and get them." (Exhibit B-3) In a sworn, taped statement taken on March 20, 2007, Otiicer Robhieyetta McKenzie indicated the following: She was sitting in the Arsenal with Officer Williams. She looked up and Lieutenant Poteat was coming in the Arsenal door, Lieutenant Poteat asked her to step out of Oflicer Williams' office. When she entered the hallway area, Lieutenant Poteat questioned her as to why she was not answering the radio. She told him that she did not hear the radio. At that time, she exited the Arsenal and returned back into the facility. Page 4 Florida Department Of Corrections Office of the Inspector General 5 eport of Investigation Paul C. Decker, Inspector General 4 Case Number: 07-40520 She did not hear Lieutenant Poteat state, "You know what's up. All of you know what's up," Lieutenant Poteat did not ask her, "So this is where you go to eat? So, this is where you sneak otfto? So, this is your hiding spot?" Lieutenant Poteat's question to her was, "Where is your radio?" Lieutenant Poteat never asked her the questions as stated in the Incident Reports, Lieutenant Poteat never asked her, "How you going to do me like this? What the you doing in here?" Lieutenant Poteat never told her, "Get your ass out of here now." Lieutenant Poteat did not slap her. She did not have a bruise on her right cheek. She did not hear Lieutenant Poteat threaten, "Y'all going to make me put my foot in one of you niggers' ass." She sent Officer Evans for something to eat. When she stepped out of the Arsenal, Olricer Evans was just coming back with the food. She continued walking into the facility, Officer Evans told her the food was up front, Officer Evans asked her what happened; what was wrong? She was crying; she was upset, She told Ofilcer Evans she needed to go home, but she needed her car keys. She thought Lieutenant Poteat had the keys, but she had left the keys in the car. She sent Officer Evans to get her keys from Lieutenant Poteat. Lieutenant Poteat stated, "for me to get them from him." Lieutenant Poteat wanted to talk to her about why her conduct was beginning to fail. She stated she has known Lieutenant Poteat a long time, She also stated that she and Lieutenant Poteat are not involved in a relationship, just good friends however; he stays at her house four to tive times a week, Otticer McKenzie also stated that the statements in Williams and Sergeant Coleman's Incident Reports are not true, Lieutenant Poteat did not slap her and she did not tell anyone that he slapped her. (Exhibit In a sworn, taped statement taken on March 20, 2007, Lieutenant Theron Poteat indicated the following: He saw McKenzie exit her vehicle and go to the Arsenal. got the keys to the Arsenal and went inside. He wanted to sneak in on them to see what was going on. Officer McKenzie was sitting with Williams, He told Ofticer McKenzie she needed to answer her radio and told her "let's go." He and Officer McKenzie had a verbal argument outside ofthe Arsenal, Later, Officer McKenzie came to Management for her keys, but he did not have her keys. Approximately one or two hours later, Oflicer McKenzie said she had found her keys. He has known Ofiicer McKenzie approximately three years before she started working here. He has this relationship with Officer McKenzie where he gets on Otiicer McKenzie from time to time or every other day about rumors, starting rumors, being more professional and not being like the other officers. He also stated he is going through some rough times with his marriage and Oficer McKenzie has been there for him. He never used any profanity or intimidation. He told Officer McKenzie to get out of here now. It was in a mean way, She knew he was not horse playing when he said it. She knew he was serious. He did not slap Officer McKenzie. He never threatened to put his foot in anyone's ass. (Exhibit Page 5 iff, or Ca ff "ei a 6_6 Case Number: 07-40520 Co nf" gimsietel Florida Department Of Corrections Office of the Inspector General Repolt of Investigation Paul C. Decker, Inspector General Institutional Inspector 04/12/07 Prison Inspector Supervisor 04/12/07 Chief Prison Inspector Deputy/Inspector General Page 6 Date Date Date Date oy Florida Department Of 5. Office of the Inspector General 2 Report of Investlgauon Paul C. Decker, Inspector General Case Number: 07-40520 SECTION - attached: Incident Report of Sergeant Coleman Incident Report of Officer Williams - not attached: Sworn statement of Sergeant Coleman Sworn statement of Officer Williams Sworn statement of Officer Evans Sworn statement of Officer McKenzie Sworn statement of Lieutenant Poteat Page 7 DATE: FEBRUARY 23, 2007 TO: ALL CAPTAIN AND LIEUTENANTS, AND STAFF AS NAMED BELOW CC: W. JOHNSON, TRAINING DIRECTOR FROM: J. L. WILDS, cos glifigu SUBJECT: IN-SERVICE TRAINING THE FOLLOWING NAMED STAFF MEMBERS WILL BE ATTENDING IN- SERVICE TRAINING DURING THE WEEK OF FEBRUARY 26, THRU MARCH 2 2007. IST SHIFT I. GRICE 0. WILLIAMS 2" SHIFT I. WARD 3" SHIFT J. LQUD L. LEE ADMIN. SHIFT N. JARRELL T. POTEAT IF YOU HAVE ANY QUESTIONS OR CONCERNS, PLEASE CONTACT THE CHIEF OF SECURITY. GEO SBCF O8 O25 PAGES SOUTH BAY FACILITY ACA MEMORANDUM Chapter Security and Control Effective Date 2/1/97 Sub] ect Use of Recording Devices Last Revision 6/30/04 Previous Rcvisions 4/27/01 PURPOSE To establish a policy to guide the use of recording equipment at this facility. AUTHORITY Florida Administrative Code .007, Florida Statute ll2.532 GEO Policy and Procedure Manual 1.2.7 APPLICABILITY This policy applies to all employees responsible for obtaining statements from subjects being interviewed. POLICY All Statements obtained from Certified Correctional Officers in which that person is the subject of an investigation shall be tape recorded as outlined in Florida Statute ll2.532, Correctional Officer Bill of Rights. PROCEDURE A, Unless mandated by Florida Statute ll2.532, there will be no electronic recordings of any kind made at this facility unless prior approval has been given by the Legal Department; B, This does not apply to: I. Video recordings of use of force or staff/inmate incidents inside the facility; 2. Video/audio tapes for instruction/training or inmate entertainment; or 3. Recording of any exit-briefing or evaluations resulting from an audit. Warden Revised Date FSA Sec. 12.532, Law enforcement officers' and correctional officers' rights Page if l9465 West's F.S.A. 112.532 FLORIDA STATUTES ANNOTATED TITLE X. PUBLIC OFFICERS, EMPLOYEES, AND RECORDS (CHAPTERS 110-123) CHAPTER 112. PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS PART vl. LAW ENFORCEMENT AND CORRECTIONAL OFFICERS Current through Chapter 316 and SJR. No. 2788 (Ench ofthe 2006 Second Regular Session ofthe Nineteenth Legislature 112532. Law enforcement officers' and correctional officers' rights All law enforcement officers and correctional officers employed by or appointed to a law enforcement agency or a correctional agency shall have the following rights and privileges: (1) Rights of law enforcement officers and correctional officers while under investigation-- Whenever a law enforcement oflicer or correctional officer is under investigation and subject to interrogation by members of his or her agency for any reason which could lead to disciplinary action, demotion, or dismissal, such interrogation shall be conducted under the following conditions: The interrogation shall be conducted at a reasonable hour, preferably at a time when the law enforcement ofiicer or correctional officer is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. The interrogation shall take place either at the office of the command of the investigating officer or at the office of the local precinct, police unit, or correctional unit in which the incident allegedly occurred, as designated by the investigating officer or agency. The law enforcement officer or correctional officer under investigation shall be informed ofthe rank, name, and command of the officer in charge of the investigation, the interrogating ofiicer, and all persons present during the interrogation. All questions directed to the officer under interrogation shall be asked by or through one interrogator during any one investigative interrogation, unless specifically waived by the ofticer under investigation. The law enforcement officer or correctional officer under investigation shall be informed ofthe nature of the investigation prior to any interrogation, and he or she shall be informed of the name of all complainants. lnterrogating sessions shall be for reasonable periods and shall be timed to allow R>r such personal necessities and rest periods as are reasonably necessary. *19466 The law enforcement officer or correctional officer under interrogation shall not he subjected to offensive language or be threatened with transfer, dismissal, or disciplinary action. No promise or reward shall he made as an inducement to answer any questions. The formal interrogation of a law enforcement officer or correctional ofhcer, including all recess periods, shall be recorded on audio tape. or otherwise preserved in such a manner as to allow a transcript to be prepared, and there shall be no unrecorded questions or statements. Upon the request of the interrogated officer, a copy of any such recording of the interrogation session must be made available to the interrogated ofticer no later than 72 hours, excluding holidays and weekends, following said interrogation. lf the law enforcement officer or correctional officer under interrogation is under arrest, or is likely to be placed under arrest as a result of the intenogation, he or she shall be completely informed of all his or her rights prior to the commencement of the interrogation. (C) 2006 Thomson/West, No claim to original Govt. works. FSA Sec. 112532, Law enforcement officers' and correctional officers' rights Page 2 At the request of any law enforcement officer or correctional officer under investigation, he or she shall have the right to be represented by counsel or any other representative of his or her choice, who shall be present at all times during such interrogation whenever the interrogation relates to the offieer's continued fitness for law enforcement or correctional service. Notwithstanding the rights and privileges provided by this part, this part does not limit the right of an agency to discipline or to pursue criminal charges against an officer. (2) Complaint review boards,--A complaint review board shall be composed of three members: One member selected by the chief administrator of the agency or unit; one member selected by the aggrieved officer; and a third member to be selected by the other two members. Agencies or units having more than 100 law enforcement officers or correctional officers shall utilize a five- member board, with two members being selected by the administrator, two members being selected by the aggrieved officer, and the fifth member being selected by the other four members. "Dre board members shall be law enforcement officers or correctional officers selected from any state, county, or municipal agency within the county. There shall be a board for law enforcement officers and a board for correctional officers whose members shall be from the same discipline as the aggrieved officer. The provisions of this subsection shall not apply to sheriffs or deputy sheriffs. *19467 (3) Civil suits brought by law enforcement officers or correctional officers-- Every law enforcement officer or correctional officer shall have the right to bring civil suit against any person, group of persons, or organization or corporation, or the head of such organization or corporation, for damages, either pecuniary or otherwise, suffered during the performance of the officer's official duties, for abridgment of the ofticer's civil rights arising out of the officer's performance of official duties, or for filing a complaint against the officer which the person knew was false when it was filed. This section does not establish a separate civil action against the offieer's employing law enforcement agency for the investigation and processing of a complaint filed under this part. Notice of disciplinary action.--No dismissal, demotion, transfer, reassignment, or other personnel action which might result in loss of pay or benefits or which might otherwise be considered a punitive measure shall be taken against any law enforcement officer or correctional officer unless such law enforcement officer or conectional officer is notified of the action and the reason or reasons therefor prior to the effective date of such action. Notwithstanding the provisions of s. whenever a law enforcement officer or correctional officer is subject to disciplinary action consisting of suspension with loss of pay, demotion, or dismissal, the officer shall, upon request, be provided with a complete copy ofthe investigative report and supporting documents and with the opportunity to address the findings in the report with the employing law enforcement agency prior to the imposition of the disciplinary action consisting of suspension with loss of pay, demotion, or dismissal. The contents of the complaint and investigation shall remain confidential until such time as the employing law enforcement agency makes a final determination whether or not to issue a notice of disciplinary action consisting of suspension with loss of pay, demotion, or dismissal, This paragraph shall not be construed to provide law enforcement officers with a property interest or expectancy of continued employment, employment, or appointment as a law enforcement officer, (5) Retaliation for exercising rights.--No law enforcement officer or correctional officer shall be discharged; disciplined; demoted; denied promotion, transfer, or reassignment; or otherwise discriminated against in regard to his or her employment or appointment, or be threatened with any such treatment, by reason of his or her exercise of the rights granted by this part. (6) Limitations period for disciplinary actions-- Except as provided in this subsection. no disciplinary action, demotion, or dismissal shall be (C) 2006 Thornson/West. No claim to original US. Govt. works, FSA Sec. I 12.532, Law enforcement officers' and correctional officers' rights Page 3 undertaken by an agency against a law enforcement officer or correctional officer for any act, omission, or other allegation of misconduct if the investigation of such allegation is not completed within 180 days atier the date the agency receives notice of the allegation by a person authorized by the agency to initiate an investigation of the misconduct. In the event that the agency determines that disciplinary action is appropriate, it shall complete its investigation and give notice in writing to the law enforcement officer or correctional officer of its intent to proceed with disciplinary action, along with a proposal of the action sought. Such notice to the officer shall be provided within 180 days after the date the agency received notice of the alleged misconduct, except as follows: *19468 I. The running of the limitations period may be tolled for a period specified in a written waiver of the limitation by the law enforcement officer or correctional officer. 2. The running ofthe limitations period shall be tollcd during the time that any criminal investigation or prosecution is pending in connection with the act, omission, or other allegation of misconduct. 3. If the investigation involves an officer who is incapacitated or otherwise unavailable, the running of the limitations period shall be tolled during the period of incapacitation or unavailability. 4. In a multiiurisdictional investigation, the limitations period may be extended for a period of time remonably necessary to facilitate the coordination of the agencies involved. An investigation against a law enforcement officer or correctional officer may be reopened, notwithstanding the limitations period for commencing disciplinary action, demotion, or dismissal, it? l. Significant new evidence has been discovered that is likely to affect the outcome of the investigation. 2. The evidence could not have reasonably been discovered in the nornial course of investigation or the evidence resulted from the predisciplinary response of the officer. Any disciplinary action resulting from an investigation that is reopened pursuant to this paragraph must be completed within 90 days after the date the investigation is reopened. cnnoms) Laws 1974, c. 74-274, 2; Laws 1982, c, 82-156, 2. Amended by Laws 1993, c. 93~19, 2, eff March Zzi 1993; Laws 1995, 0. 95-147, 721, QM July 10, 1995; Laws 1998, c. 962249, 1, ef May 27, 1998; Laws 2000, c. 2000>>184, 1, Jug/ 1, 2000; Laws 2003, C. 2003-149, 1, eff Jun 1, 2003; Laws 2005, C. 2005-100, ejfjuly I, 2005. HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES Amendment Notes: (C) 2006 Thomson/West. No claim to original U.S. Govt. works. CHAPTER 33-203 standards outlined in Rule 33-208.101, Each employee must immediately report for duty when instructed to do so in time of emergency or potential emergency. (5) No employee shall solicit, trade, barter, or accept a gift or any compensation from or present a gift to, an inmate, an inmate's family, a person under supervision of the department, his family, or any other person in behalf of an inmate or person under supervision, except as authorized by the warden, officerain-charge or circuit administrator or supervisor. ia) No employee shall refuse to truthfully answer", 'questions specifibally relating to the performance of his or her official duties, l7?[a) No employee shall refuse to submit to a search or inspection by an authorized employee, of his person, personal property or vehicle while entering, departing or otherwise upon the premises of an institution. Refusal of an employee to submit to such search or inspection is considered as a serious form of insubordination. Upon proper notice to an employee occupying state-owned housing, such housing is subject to reasonable inspections for maintenance and sanitation purposes at least annually. when the officer in charge has good reason to believe an employee is involved in the unauthorized or unlawful. possession or movement of anything into or out of an lnstitution or facility of the Department, he may authorize a more intensive search than is normally required, Such an intensive search may include the employee's person, vehicle, and any locker, desk or storage space assigned to or used by the employee. ic) The results of intensive search of an employee's person, property or vehicle shall be verbally reported to the officer in charge of the institution or facility immediately upon completion of the search. This shall be followed with a written report to the warden. ld) When includes the employes's assigned locker, desk the intensive search or storage space provided by the Department, the employee should he present during the search. If the employee is unavailable and the delay required to await his presence would jeopardize the effectiveness of the search, or if the empl_oyee's presence would jeopardize the effectiveness of the search, the search shall be conducted without the employee. In such cases, the reasons for conducting the ZOE-3 PERSONNEL search in the employee's absence shall be documented and submitted to the warden for review. when an employee is subjected to a more intensive search than is normally required, the employee shall be informed of the reason for the search and of the name of the official ordering the search before the search begins. Any search of an employees person which involves the touching Of the employee's clothed body or visual inspection of the employee's unclothed body shall be conducted in private and out of the sight and hearing of other employees and inmates. The warden or officer-in-charge is authorized to make exceptions to the provisions regarding individual private clothed body searches when the physical plant makes individual clothed searches impractical. In such cases, small groups of employees of the same sex can be s\;b3ected to clothed searches in a private area out of the sight and hearing of inmates and other employees. Such searches shall only be conducted, observed and supervised by officials of the same sex as the employee. Body cavity searches shall not be conducted, (gl Clothed body searches shall be conducted by not less than two employees, one of which will serve as the observer. Ik: least one of the officers shall be of the rank of sergeant or higher. (hl Any search of an employees person which involves the visual inspection of the empl_oyee's unclothed body shall be conducted in private and out of the sight and hearing of other employees and inmates. Such searches shall only be conducted, observed and supervised by officials of the same sex as the employee being searched. Such searches shall be conducted by not less than two employees. one of which will be at least the rank of correctional officer lieutenant. The correctional officer inspector shall assist in such searches unless he is unavailable and the delay associated with awaiting the inspectors arrival would jeopardize the effectiveness of the search. No more than three staff members shall. be involved in the actual search. Group strip searches of errployees shall not be permitted. (1) An intensive search of an employee's person, property or vehicle shall be conducted by no: less than two officials, at least one of whom shall be of a sergeant rank or higher to assume official responsibility for the search. CHAPTER 33-208 (il into the Property that is introduced secure perimeter such as purses, briefcases or lunch boxes or bags is subject to search at any time by a correctional officer or higher. (su No employee shall or negligently treat an inmate in a cruel or inhuman manner, nor shall profane or abusive language be used in dealing wi th an inmate or person under his supervision. (9) No employee shall report for duty or exercise supervision or control over any Person. while under the influence of a narcotic, barbiturate, hallucinogenic drug, central nervous system -stimulant or an lntoxicant. However, ,in the event .any of the foregoingdrugs is-prescribed and administered tofan employee, the employee shall report this to, the circuit administrator, supervisor or officerdn-charge and provide him or her with a prescriptionreceipt detailing the type of medication, dosage, and possible side effects. The 'circuit administrator, supervisor or of lcer>>- in - charge shall' then make a det;ermination,wiTiether the 'employee can perform his duties without ,detrimental effect, No employee shall refuse' to~ submit, to a scientific 'test to measure his levelxwhen for duty' or while on duty if supervisor or officer--inecharge has reason to believe that the employee is under the influence of alcohol. (10) No employee shall he insubordinate, neglectful, or unwilling to follow lawful orders or perform officially designated duties. (ll) No employee snail willfully or negligently permit an inmate to escape. (l2} No employee shall falsify reports or records. (13) Sleeping on duty is absolutely prohibited. (14) No employee shall apply physical force to the person of an inmate or person under nie supervision except and only to the degree that it reasonably appears tc be necessary in eelfeaefenee, to prevent escape, to prevent injury to a person or damage to property, to quell a disturbance, or when the inmate exhibits physical resistance to a lawful command. When force becomes necessary, a detailed written report shall be made by the employee to the warden wno shall have an investigation made and shall approve or disapprove the force used. The employee's report, together with the warden's written 205-4 PERSONNEL approval or disapproval of the force used and his reasons therefore, Shall be forwarded and distributed in accordance with Rule 33- Use of FOKUS. (15) No employee shall recommend or furnish any advice concerning the retention of a legal or bonding firm or a specific lawyer or bondsman for an inmate, either to such inmate, person under his supervision, or to anyone in his behalf. (16) Violence, fighting, horseplay, and threatening or interfering with other employees at any time on Department of Corrections premises or at any other place, wh;le on duty, will not be tolerated. (17) Department of Corrections premises or at any Gambling of any kind on other place, while on duty, will not be tolerated. (18) Employees shall not reveal confidential information in Department of Corrections records to unauthorized persons. (19) No employee shall knowingly Submit inaccurate or untruthful information for or on any Department of Corrections record, report or document. (20) Employees shall not be tardy, absent, or depart from worn early without the permission of their supervisors ana shall. observe time limitations on rest and meal periods. Each employee shall not;fy his immediate supervisor or designated representative prior to his scheduled work shift in the event he expects to be absent from duty due to illness or other reason. (211 No employee shall solicit funds or services, sell tickets, distribute petitions or literature for any purpose other than Official business On Department of Corrections property or at any other place while on duty except an employee may engage in such activities on Department of Corrections property when off-duty (before or after work, while on lunch hour or during breaks) provided advance permission is obtained from the employee's supervisor, Such permission shall ne grven by the Supervisor, if such solicitation is legal, if no employee is approached with a solicitation while on duty, and if such solicitations are conducted courteously without pressuring employees to participate. (22) Every employee will comply with safety regulations and shall report to the appropriate supervisor any injury or illness. (23) Employees shall not use CHAPTER 33-208 Department of Corrections materials or facilities for personal purposes. No employee shall occupy, use or operate any Department oi: Corrections property or facility without prior authorization. (24) Every employee has the responsibility to protect and safeguard Department of Corrections property and the person and property of inmates and employees. No employee shall he in unauthorized possession of any property ot the Department of Corrections, its inmates, persons under its supervision, or employees, regardless of value, or attempt to remove such property Erom the Department of Corrections premises. (25) Unauthorized possession of firearms or other weapons on Department of Corrections property, or at any other place while on duty, is prohibited. (26) Employees shall maintain a proviessional relationship with all persons in the custody or under supervision of the Department, and their immediate family or visitors No personal or business relationships are permitted. Marriage hetween employees and inmates is not permitted. 944479, ES. Law 944.111, 94435, 94435, 944.37, 944.38, 944.39, 9/14.47, FS. H15tO1`y~- lO-ll-77, 4-19-79, 6~l8- 83, Formerly 33-4.02, Amended s-is-89, 10-20- Specific Authority Implemented 944 . 09, New 10 B-76, Amended so, 1-31-91, l-3O<96, 3-24-sv, 4-19- Qe, Formerly 33-4.oo2, Amended 7-17-oz, 4-5-oi, 4-iv-os. 33-208.003 Range of Disciplinary Actions. Violations of the foregoing Rules of Conduct as well as other departmental, and institutional policies will result in disciplinary actions, which may be by oral reprimand, written reprimand, reassignment, transfer in excess of EO miles, suspension, reduction in pay, demotion or dismissal. Any employee who feels that unjust disciplinary action such as an oral or written reprimand has heen given, has the right to submit a grievance as established by the grievance procedures of the Department of Corrections, For disciplinary actions involving reassignment, transfer in excess of so miles, suspension, reduction in pay, demotion, or dismissal, permanent Career Service employees have the right appeal ra the Career Service Commission. Violation of more than one rule shall be Considered in the application of discipline and may result in greater discipline than specified for one 20 PERSONNEL otiense alone. Any questions regarding these rules and personnel procedures should be referred to the employee's circuit administrator, warden or Personnel Manager. The preceding section titled Rules of Conduct and the following list of offenses and work deficiencies with their ranges of disciplinary actions will he used by this Department in administering an effective disciplinary program. THE SEVERITY OF PENALTIES MAY VARY DEPENDING UPON THE FREQUENCY AND NATURE OF A PARTICULAR OFFENSE AND THE CIRCUMETANCES SURRCUNDING EACH CASE. WHILE THE FOLLOWING GUIDELINES ARE NOT A SUBSTITUTE FOR IMPARTIAL SUPERVISION AND EFFECTIVE MANAGEMENT, AND DO NOT SET ABSOLUTE MINIMUM AND MAXIMUM PENALTIES, IT IS EXPECTED THAT ALL SUPERVISORS WILL THEM IN REACHING DISCIPLINARY DECISIONS. MEMORANDUM DATE: March 23, 2007 T02 Inspector C. Foster From: Lieutenant T. Poteat CC: Warden E. Stepp RE: Request of transcript 1_ As the interrogated officer, I am requesting a copy of any such recording ofthe interrogated session. GEO NUMBER: SBCF-01.010 PAGES: 2 SOUTH BAY CORRECTIONAL FACILITY ACA MEMORANDUM Chapter Administration and Management Effective Date 2/l/97 Previous Reusions 5 16 Ol 8/8/Ol ll/2l 02 Subject: Prison Inspections and Investigations Last Revision: 6/30/04 PURPOSE To recognize the authority of the Inspector General of the Florida Department of Corrections and ensure full cooperation with authorized representatives. AUTHORITY Florida Administrative Code .OO7, 6OAA-2.002 APPLICABILITY To all staff of the South Bay Correctional Facility. POLICY It is the policy of GEO to encourage the involvement of the Department of Corrections in monitoring the activities of the South Bay Correctional Facility and to cooperate fully with authorized representatives of the Department. PROCEDURE A. Facility procedures pertaining to prison inspections and investigations are defined in Florida Statute 94431. Rules delineated in this publication will be carefully observed. B, The Warden will appoint a staff member to coordinate all investigations and to insure that all reporting procedures are followed. This person will Work directly under the supervision of the Warden and conduct investigations as required. This person will also be responsible for coordinating with all outside law enforcement and other agencies concerninginvestigations within the facility. C. The Warden or designee will notify the Contract Monitor of the impending investigation and update the Contract Monitor periodically throughout the investigation. At the conclusion of the investigation, the Warden will submit a copy of the findings to the Contract Monitor who may at his or her option conduct another investigation. SBCF-01.010 Page 2 of2 D. The Facility lnvestigator will closely follow all Department of Corrections and Correctional Privatization Commission rules and procedures, as well as GEO policy and procedures for reporting and investigating any issue as directed by the Warden. This includes the completion of all investigations within the prescribed time frames. If there is a procedural conflict the Warden will resolve the issue. E. This procedure will he reviewed annually. Warden Revised Date Exempt Performance Apps aisal Confidential Employee: T. POTEAT Date: Title: LIEUTENANT A. List llie goals ici the filing pencil llie suace below aiiERvlsoRs? lliese ilems fm all eliialiiyees subordinates ciiclc the laillias items llial are most to the job, Check ilci applicable vvllen appi>>cpl~lale, II, Dclegalilig auliicillv- delegates aullianly appropriately lei the capabilities nfstaiI`& lip to ensure accomplisltl nent. I2 Administriltive decision making - makes sound and timely docislons. I3 'realavvcilc achieves seals ilii-cugli combined I/:inn cffea cfslari; I4 csaclliilg develops job ana pdfaimaace fecliliaclc I5 cicals/objectives - manages cinplovcc lliicugll all goals, objectives miniagclaclii system. I6 Using resources - optimizes protluctlvity with existing resources, (people, money 17. Fairness and obieelivity mir and objective ton ard subordinates in making related decisions, The GEO Group, Incivsqsiils a 2 as E. ua l-la lillillillillil A D. OVERALL Review tile ratings ill sections A, Be (sad C). Take ceiisicleialieli the lalpcnailcc ofthe or item iaiefl, alicl cliccla rhe lm that most accuratety represents the ovemll perfonrlallce Add any nl rhe space provided on the back Distinguished CommendubIe Competent Needs Improvement Unacceptable Far Exceeds Standards C|earIy Exceeds Standards Meets Standards Clearly Below Standards A Clearly Unsatisfactory - HR-864 Exempt Performance Appr aisal The GEO Group, Inc. RATING DEFINITIONS: NORMAL RATING EXPLANATION PERFORMANCE DISTRIBUTION Perlormance far exceeds normal requirements of the job, Outstanding nature of perfomiance is evident to anyone in a position to observe and evaluate it. Level of 0 DISTINGUIEHED performance approaches the maximum possible attaimnent for the position, Very few are 5 able to reach this level of accomplishment, Performance clearlv exceeds the requirements of the job. Performance is worthy of . i - 0 COMMENDABLE special note. Accomplishment indicates extra thought, effort, imagination and results. 30 /3 Performance clearly meets the requirements ofthe position. Continued performance at CONIPETENT this level would be perfectly acceptable. Accomplisliment rellects a solid level of 50% perfonnancc. Most qualilied people are able to attain this level of accomplishment NEEDS is below the competent level, Employees who are new on this job and LMPROVEMENT develop at less than expected rate would Ht this category. Continued performance at this 10% level is unacceptable, UNACCEPTABLE Performance is clearly unsatisfactory and below expectations. 5% F. (Use an additional sheet Lt. Poteat has performed his assigned duties in a satisfactory manner. Lt. Poteat is presently assigned to the position of confinement supervisor. ln this position his job performance has been above satisfactory. Lt. Poteat is very knowledgeable of his duties and responsibilities. Over the years of his employment at this facility he has proven to be dedicated employee. iff fi i. "Lax gi- //tgp' Employee's Signature Date (I acknowledge that I have reviewed the above performance appraisal information.) Rev Ol '05 NP 2 Of3 HR-864 Exempt Performance App; aisal The GEO Group, Inc. Confidential /2 tf> _tn Siipervisofs Signature Date Managefs Signature Date Rev Ol/05 NP 3 Of3 HR-864 From; 5616303416 Page: 1/2 Date 8:09:45 AM MEMORANDUM 1111 BID Group., Inc. South Bay Correctional Date: December 12, 2006 US Hwhrav 97 wh South Bay. Florida 33493 To: Greg Skeens, VP Eastern Region 591 9595 Thru: David ser HR FMIEG1 sez 9551 From: E.A. RE: Employee Disciplinary Case #06-10-0080 Lieutenant Theron Potent - Suspension Recommendation Lieutenant Theron Potosi has been charged with violating F.A.C. Chapter Use of Chemical Munitions. This violation is fully explained in the facility handbook and the specific requirements related to this violation have been fully communicated through training, instruction, or policy and procedure. The facility has been consistent with the application of discipline regarding this requirement. The request for suspension is necessary to fultill the obligations of maintaining the institutional i priority of safety and security. On ll/15/05 Lt, Poteat corrunsnded an extraction team that utilized force against an inn-late. Officer Tillman was involved in the use of force incident, which included the use of chemical agents. Officer Tillman failed to administer the chemical agents in the appropriate manner. The FDOC Use of Force Unit reviewed the incident, noted numerous procedural violations, and determined that Lt. Poteat violated policy by virtue of failing to ensure staffs compliance with FDOC procedure 602.002 Use of Force in a Correctional Facility, procedure 602.003; Use of Chemical Munitions, and procedure 602.004 Forced Cell Extraction. Lt. Poteat was advised by hearing notice on 10/19/06 to attend a review of the violation charges. On 12/12/06, the hearing officer concluded by evidence and testimony that 5>>days suspension was warranted, however the reprimsndiug authority has moditied this penalty to 5-days suspension held pending training and 6 months probation of demonstrated ability. Attached: Hearing Notice Hearing Record Incident Reports Investigation Concur ate Director, Eastern Region Other vgancur Date ice ident, Esstem Region Other fax was received by FAXmal< server For more information, visit; Valerie Harrell From: Cindy Geer Sent: Friday, December 15, 2006 8:52 To: Valerie Harrell Cc: Ernest Stepp Subject: Approved Suspension for Theron Poteat importance: High pdf586ee.pdf(152 KB) Please see attached. Cindy Geer Department Secretary The GEO Group, Inc. Eastern Regional Office 7111 Fairway Drive, Suite 202 Palm Beach Gardens, FL 33418 Tel: 561 630 3419 0 Virtual Fax 561 443 1968 cgeer@thegeogroupinc.com This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that your have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited, If you have received this email in error, please immediately notify by replying to this email. -~-~-Original From: 5616303416 Sent: Friday, December 15, 2006 8:10 AM To: Cindy Geer Subject: Fax received from 5616303416 INCOMING FAX REPORT Status: Received Date/Time: 12/15/2006 8:09:46 AM Speed: 26400 Connection time: 00:28 Pages: 2 Resolution: Normal Remote ID: 5616303416 Line number: 3 1968 Description: Fax received from 5616303416 1 MEMORANDUM The GEO Group, Inc. South Bay Correctional Facility Date' December 12 2006 Goo Us Highway 27 south Bay, Florida 33493 Toi Greg Skeens, VP Eastern Region ret; 561 992 9505 . - - . sei 992 9551 Thru' Davld alse I From: E.A. If- 9 wen RE: Employee Disciplinary Case #06-10-0080 Lieutenant Theron Poteat - Suspension Recommendation Lieutenant Theron Poteat has been charged with violating F.A.C. Chapter Use of Chemical Munitions. This violation is fully explained in the facility handbook and the specific requirements related to this violation have been fully communicated through training, instruction, or policy and procedure. The facility has been consistent with the application of discipline regarding this requirement. The request for suspension is necessary to fulfill the obligations of maintaining the institutional priority of safety and security, On 11/15/05 Lt. Poteat commanded an extraction team that utilized force against an inmate. Officer Tillman was involved in the use of force incident, which included the use of chemical agents. Officer Tillman failed to administer the chemical agents in the appropriate manner. The FDOC Use of Force Unit reviewed the incident, noted numerous procedural violations, and determined that Lt. Poteat violated policy by virtue of failing to ensure staffs compliance with FDOC procedure 602.002, Use of Force in a Correctional Facility, procedure 602.003; Use of Chemical Munitions, and procedure 602.004 Forced Cell Extraction. Lt. Poteat was advised by hearing notice on 10/19/06 to attend a review of the violation charges. On 12/12/06, the hearing officer concluded by evidence and testimony that 5-days suspension was warranted, however the reprimanding authority has modified this penalty to 5-days suspension held pending training and 6 months probation of demonstrated ability. Attached: Hearing Notice Hearing Record Incident Reports Investigation Concur Date HR Director, Eastern Region Other Concur Date Vice President, Easteni Region Other Case# 06-10-0080 1? 4 f~ I I 'Wm Qtitii Kimura, iaac. SOUTH BAY CORRECTIONAL FACILITY EMPLOYEE DISCIPLINARY HEARING RECORD NOTIFICATION EMPLOYEE: Theron Poteat SSN: On File TITLE: Lieutenant You are scheduled to appear for an Emplyejieview Hearing to be held in the Assistant Warden/ Warderfs Office at . iimis?earing will be convened to consider allegations of the rule violation(s) against you. The specific offensc(s) are as follows: Chapter (Violation of Policy), Florida Administrative Code, by virtue of failing to ensure staffs compliance of procedure during Report of Force #2005-405-0019. NO: LEVEL: VIOLATION: 602.002 (Use of Force in Correctional Facilities) NO: LEVEL: VIOLATION: 602.003 (Use of Chemical Munitions) NO: LEVEL: 602.004 (Forced Cell Extraction), Synopsis of Incident: On Tuesday, November 15, 2005, at approximately 9:00 pm., Lt. Theron Poteat commanded an extraction team that utilized force against Inmate Sanders, Leon, A review of the Use of Force by the Use of Force Unit noted numerous procedural violations. Based on the violations, the Report of Force was disapproved. Summary: (See attached Report of Inspector General Case #06-40100) lnmate(s) Staff Member(s) Involved: Officer Willie Tillman, lnsp. Carolyn Foster Date Reported: 11/15/05 Person Reporting: Office of Inspector Genera/ Date of Investigation: 3/8/06 Date completed: *(Packet was misfiled discovered on 10/1 7/06) Be Advised that You I\/lay: A. Review the evidence to be presented (subject to disclosure) B. Present oral or written statements in your behalf; C. Call witnesses or union committeeman in your behalf (at no expense to GEO) D. Ask questions of person(s) who appear as witnesses against you (confidential informants may be questioned only at the Assistant Warden Warden's discretion). ,ff I, the undersigned, do i/gif? do not wish to appear at a hearing. I understand my failure to appear without prior notice may constitute a waiver of the right to a hearing. Date Notified:/TM /7/952 Time of Signature of Employee: Person Serving Notification. A Rank g, A I Case# 06-10-0080 0, I 00@000 "ma Gi?rls Kirmmp. iris. SOUTH BAY CORRECTIONAL FACILITY EMPLOYEE DISCIPLINARY HEARING RECORD EMPLOYEE: Theron Poteat SSN On File Date of Violation: 11/15/05 Date Notified Time of Notification PM VIOLATION IN GUIDELINES FOR DISCIPLINARY ACTION: Chapter (Violation of Policy), Florida Administrative Code, by virtue of failing to ensure staffs compliance of procedure during Report of Force #2005-405-0019. NO: LEVEL: VIOLATION: 602.002 (Use of Force in Correctional Facilities) NO: LEVEL: VIOLATION: 602.003 (Use of Chemical Munitions) NO: LEVEL: VIOLATION: 602.004 (Forced Cell Extraction), Summary of Findings: On Tuesday, November 15, 2005, at approximately 9:00 pm., Lt. Theron Poteat commanded an extraction team that utilized force against Inmate Sanders, Leon. A review of the Use of Force by the Use of Force Unit noted numerous procedural violations. Based on the violations, the Report of Force was disapproved. PREVIOUS VIOLATIONS: Level: Violation Number: Date: Level: Violation Number: Date: DISCIPLINARY ACTIONISQ RECOMMENDED ritten Reprimand Suspension without pay for work day(s) beginning to Dismissal Recommended No Discipline imposed, Reason(s) Dismissal recommendation(s) will remain in pending status subject to approval of the Approving Authority. have been advised 013 Recommengvatio lfwhich will be Rl OFFICER. Employee Signature: ef i Date I Hearing Officer's Signature: f/ei . 1;/54: I Dale /ffl 5, REPRIMANDINGAUTHORITY .. fu vEo? oo|l=Y. 5 'fi I 'ggi /7 . . . I 'wail fi A A aiylii?fzf g/L ate /gl 44 Stepp, War lr APPROVING AUTHORITY 5 APPROVED: MODIFY: Date Eastern Regional Director "'irEURoeni/En" sam; OF FLURTDA Depanw- MAR 1 3 2005 INSIPECTOR GENERAL i MEMO T0: Gerald H. Abdul-Wasi Inspector General FROM: Scott Thomas Senior Prison Inspector DATE: March 8, 2006 SUBJECT: Inquiry into the Use of Force Llnit's disapproval ol' Report of Force it 2005- 405~00l9. Inspector General Case #06-40100 SUMMARY: On Tuesday, November 15, 2005, at approximately 9:00 Lieutenant Theron Poteat commanded an extraction team that utilized force against Inmate Sanders, Leon. A subsequent review of the Use of Force by the Use Of Force Unit noted numerous procedural violations. Based on the violations, the Report of Force was disapproved. As a result of this investigation, it is determined that Correctional Officer Lieutenant Theron Poteat has violated Chapter (Violation of Policy), Florida Administrative Code, by virtue of failing to ensure staff's compliance of Procedure Numbers 602.002 (Use of Force in Correctional Facilities), 602.003 (Use of Chemical Munitiolts), and 602.004 (Forced Cell Extraction), during Report Of Force 2005-405-0019. As a result of this investigation, it is determined that Correctional Officer Willie Tillman has violated Chapter (Wolation of Policy), Florida Administrative Code, by virtue violating Procedure Number 602.003 (Use of Chemical Munitions). As a result of this investigation, the allegation that Inspector Carolyn Foster failed to note the numerous procedural violations after her review ofthe videotape was unsubstantiated. NARRATIVE: In an Memorandum, dated January 6, 2006, Inspector General Gerald Abdul-Wasi noted numerous procedural violations in Report of Force 2005-404-0019. The Report of Force was "disapproved", based on the following: The above Use of Force is disapproved for the following "Improper Force and Improper Procedure" reason(s): 0 Officer Willie Tillman, under the supervision of Lieutenant T. Poteat, administered one seven to eight second burst of OC at a distance of two to three feet. Investigation #06-40100 Page #2 0 The team, under the supervision of Lieutenant Poteat, failed to wait three minutes after the final warning, before initiating force. 0 The inmate attempted to put his face into a sink overflowing with water and the ofhcer used force to prevent this action. This force is not noted in the Report of Force Used. 0 Force was used to restrain the inmate in the cell" and is not documented in the Report of Force Used. 0 There is no date or time on the camera/videotape. There is no Chemical Agent Accountability Log (requested from facility). The cell extraction team is not properly dressed or equipped with extraction gear. The inmate was taken to an non-secure shower, fully dressed and restrained, where officers pushed water button repeatedly, wetting the inmate; however, inmate was not afforded an opportunity to "shower" (lt should be noted that officers and medical staff are heard coughing throughout the videotape in apparent response to the amount of agent in area). The inmate was not afforded appropriate modesty cover. Full and partial frontal and rear nudity occurred several times. (The camera operator is female), There are several unexplained breaks in the videotape. The inmate was place is SOS status, but was left in the cell with a badly damaged T`-shirt. The post Use of Force exam is not on the videotaped, although Medical staff are seen in the immediate area. 0 The Incident Reports are incomplete beyond the Correctional Officer Chief" section. Warden Stepp and lnspeetor Foster noted self~injuring behavior as the reason given for force, but there are no injuries noted in the medical examination. 0 Warden Stepp and Inspector Foster viewed the report and videotape and noted no discrepancies. lnspector Foster, as part of her videotape review, noted the inmate was decontaminated, There is no evidence of decontamination on the videotape (only wetting of the inmate). The authorization for force indicated force was used to stop self-injuring behavior (cutting himselt); however, there are no injuries noted by Medical staff Medical staff noted a shower as part of the incident; however, the inmate being afforded a shower is not seen on videotape. 0 The wrong form (Evidence Receipt l.G. form is being used in place of the Chain of Custody form (DCI-801) for videotapes. (Exhibit A-1) In his sworn, tape-recorded statement of March 7, 2006, Lieutenant Theron Poteat indicated the following: He is unfamiliar with the policy and procedures to follow, during a cell extraction/Use of Force and has yet to receive any training. Lieutenant Poteat stated that since this Use of Force, some staff have received additional training on Use of Force. (Exhibit Department 0fC0rreeti0ns Procedure tt 602.003, titled Use of Chemical Munitions defines an application ofclzemical agents as three one-second btlr.s'l.r_ Investigation #06-40100 Page #3 In his sworn, tape-recorded statement of March 7, 2006, Sergeant Willie Tillman indicated the following: Ile was unfamiliar with the policy and procedure concerning the use of chemical agents. Officer Tillman indicated he did receive training and had a valid chemical agent card, but was not sure of the appropriate application of chemical agent. (Exhibit B-2) In the Institutional Inspector's Review section, Inspector Carolyn Foster noted the following discrepancies: No date and time displayed on the videotape. The inmate's medical examination was not videotaped. Inspector Foster noted the "videotaping is very unclear due to a defective camera". (Exhibit A-2) In her sworn, tape-recorded statement of March 7, 2006, Prison Inspector Carolyn Foster indicated the following: She was unable to view the entire videotape of the Use of Force due to an equipment malfunction. Inspector Foster pointed out that she noted in her Review section that the videotaping was unclear. (Exhibit B-3) FFICE . at FLORIDA A DEPARTMENT of MAR 3 NUS 9 iovernor ff ini; BUSH Equal Opparlunily Employer R. MCDONOUGH 2601 Blair Stone Road Tallahassee, FL 32399-2500 March 28, 2006 E. A. Stepp, Warden South Bay Correctional Facility 600 US Highway 27 South South Bay, Florida 33493 Dear Warden Stepp: The Department of Corrections, Office of the Inspector General conducted the enclosed investigation Since this investigation involves issues within your facility we are forwarding it to your oflice for review and appropriate action. Please complete the attached disposition form and FDLE form and retum them to our office, so that we can close out this investigation. Thank you for your attention to this matter. If you have any questions, please call Doug Stephens, Chief of Investigations at (850) 488-2102. Sincerely, Doug Stephens Chief of Investigations Bureau of State Investigations Enclosure lnsnaetur Generals by wi $2 'tie fullnw un System The attached CONFIDENTIAL report is provided for your review. After completing your review, please route as indicated below. Before this report leaves your office, please (1) fill out the appropriate line below, and (2) update our computerized tracking system by directing you internet browser to: and enter your routing action. INVESTIGATION REVIEW ROUTING FO Case Number Date Issuedg M32 By 6 i 1 Inspector General's Office: Date 3 a?lnput I, Otiice of General Counsel: i Date 3 iglo?lnput 0 Return to Inspector General's Ofti ,f gb; 1 Dat nput I1 Secretary/Deputy Secretary/Chief of Staff if applicable _Date Input Return to Inspector General's Office: If applicable -ii Date Input smiaof ry -, Date?/Wi Input Regional Director/Pro gram Manager for Date Input Warden/ Circuit Ad inistrator for Disciplinary Action Date LInput Disciplinary Action - Complete all disposition forms on staff and/or offenders indicating disciplinary action taken and attach the forms hereto. Return to the Director of Date Input Return to the Inspector General's Oftice for Case Closeout Date Closed FORM DCI-808 UPDATED 11/30/04 IA JRIDA DEPAR OF ORRE ONS CORRE REPORT (This form must be typed Complete a form for each subject.) Case 06-40100 Facility: South Bay acility Qgrivate) PREA Number: lg; IG Field Ojyice: Region Lauderdale Institutional Region: Name: FOS ER, Carolyn #/Position: Correctional Otzicer Insgector Inciilent Narrative/A llegations: IMPROPER CONDUCT (failure to note Qroceilural violations, ugon review ot UOFvi1ieo-tagei ACTION TAKEN sia It,toI Iici EMPLOYEE: Qyame and itle): Carolyn Foster, C.O. Insgector Allegations are: Substantiated Unsubstantiated Exonerated Action Taken: _Reprimand Suspension __DivmissaI _Resignation Other _None Comments: I Approving Authority Signature/T itle: Date: Ca Date SubjectNotyied: I Date: . . . . fm/O17 _,4?Sr f" (Mime and Civilian: Action aken/Comments: JAMES Secretary DCI-811 (02-03) iNvEsnoAnoN REPORT Florida Department of Law Enforcement Incorporated by Reference in Rule F.A.C. Please type or print in black or blue and use capital and small letters for names, titles, and address This form should be completed any time an internal investigation has been completed. Use this form to report to the Commission any sustained allegation(s) of non-compliance with Florida Statute 943.13(4) or (7) which does not result in the termination of the officer. Submit this form within 45 days ofthe date the allegation has been sustained, OFFICER l. Social Security Number: (Optional) 2. Officers Name: FOSTR Carol Last 3. Ofncefs Last Known Address: Street City State Zip Code 4. Ofncer's Telephone Number: none indicated AGENCY 5. Agency ORI: FL (private facility South Bay) 6. Agency Name: Department of Corrections 7. Agency Contact Person; Gerald H. Inspector General 8. Agency Telephone Number: (850) 488-9265 9. Agency Fax Number: (850) 414-0953 VIOLATION - ALLEGATION 10. Nature of LWPROPER CONDUCT (failure to note procedural violations, ugon review af UOF video-tagei 11. Agency Disposition: Sustained - (Violation ofs.943.13(4) or (7) Sustained - (Violation of Agency Policy) Z/Not Sustained Unfounded Exonerated 12. Criminal Charges Filed: 13. Agency Disciplinary Action: 14. If the allegation has been sustained and determined to be a violation of Section 943.13(4) or (7), attached and fon/vard the following to the Florida Department of Law Enforcement. lj Summary of Facts Internal investigation Report Name and Address of Witness Witness StatementlD%position Unfounded Exonerated El El NOTICE: Pursuant to Section F.S., an employing agency must conduct an internal investigation when having cause to suspect that an officer it employs is not in compliance with Section 943.13(4) or (7), F.S. If the investigation is sustained, the employing agency must forward a report to the Commission as specified by Rule 11B-27.003. 1 0 C9 15. Agency adminis ra r's signature 16, Date igned 6 Q. ?,15?,l2 "gg Q0 17. Agency administrator name and title Effective 1/1/1993 Original - FDLE Copy - Agency Revised 2/7/2002 it DEPARTMENT OF CORREL A ONS ORRE I I I ON REPORT (This form must be typezl Complete a form for each subject.) Case 06-40100 Facility: South Bag ucilitg (Qrivate) PREA Number: IG Field Ojice: Region I Lauderdale Institutional Region: _[jf 1 Name: POTEAT Theron #/Position: Correctional Officer Lieutenant Incident Narrative/Allegations: CONDUCT Q/iolation o{`Policg, by [nz ing to ensure sta[Z comgly to UOF groceflures, chemical munitions and [0l'CH[l cell extraction! A TI ON TAKEN Im; _tif ff; -Q pc (Name and itle) 5 Theron Poteat, C.O. Lt. Allegations are: Substantiated Unsubstantiated Exoneratezl Action Taken: Counseling Reprimand Suspension Dismissal Resignation Other None ll 1 lan. .ff A, 14.411 Date: Date Subject Notyied: 00 0-cw/1, he ea?? . INMA (Name and Civilian I Action aken/Comments JAMES Secretary Date: (02-03) INTERNAL INVESTIGATION REPORT Florida Department of 'gf Law Enforcement Incorporated by Reference in Rule F.A.C, Please type or print in black or blue and use capital and small letters for names, titles, and address This form should be completed any time an internal investigation has been completed, Use this form to report to the Commission any sustained allegation(s) of non-compliance with Florida Statute 943.13(4) or (7) which does not result in the termination of the officer. Submit this form within 45 days of the date the allegation has been sustained. OFFICER l. Social Security Number: (Optional) 2, Officers Name' POTEAT Theron Last First M. 3. OfHcer's Last Known Address: Street City State Zip Code 4. Officers Telephone Number: (none indicated) AGENCY 5. Agency ORI: FL (grivate facility - South Bay ES. Agency Name: Degartment of Corrections 7. Agency Contact Person; Gerald H. lnsgecior General 8. Agency Telephone Number: 850) 488-9265 9. Agency Fax Number: (850) 414-0953 VIOLATION - ALLEGATION 10. Nature ofAllegation(s): IMPROPER CONDUCT (jolation of Policy, by [ailing to ensure staff comgly to UOF Qrocerlures, chemical munitions ami [orced cell extraction 11, Agency Disposition: Sustained (Violation of s.943.13(4) or (7) Sustained - (Violation of Agency Cv) Ei El Ei Not Sustained Unfounded Exonerated Poli 12. Criminal Charges Filed: 13. Agency Disciplinary Action: 14. lfthe allegation has been sustained and determined to be a violation of Section 943 13(4) or (7), F.S. attached and forward the following to the Florida Department of Law Enforcement. [1 Summary of Facts lj internal investigation Report Name and Address of Witness Witness Statement/Disposition Unfounded UExonerated NOTICE: Pursuant to Section F.S., an employing agency must conduct an internal investigation when having cause to suspect that an officer it employs is not in compliance with Section 943.13(4) or (7), F.S. lf the investigation is sustained, the employing agency must forward a report to the Commission as specified by Rule 11B-27.0 I 0 Ce 15. Agen yadmi i ator's signature 16. Date si ned ,ig A. 17, Agency adm|nistrator's name and title Effective 1/1/1993 Original - FDLE Copy - Agency Revised 2/7/2002 V4 JRIDA DEPARTMENT OF ONS ORRE TI VE A TI I ON REPOR (This /orm must be g1pe1L Complete a form for each subject.) Case 06-40100 Facility: South Bay Facility Qgrivatel i PREA Number.' NM IG Field Ojice: Region I Lauderdale Institutional Region: Name: TILLMAN Willie #/Position: Correctional Officer Incident Narrative/Allegations: IMPROPER CONDUCT (jolation of Policy, 33-208.001 (4Q(a) - by violating use ol chemical munitionsf ACTION TAKEN i EMPLOYEE: (Name and Title): Willie Tillman CO. 5 Allegations are: Substantiatetl Unsubstantiated Exonerated I Action Taken: __Counseling Suspension __Resignation Other __None CommentsApprovingAuthority Signature/Title: Date: (Qu Date Subject Notyied: [0 Date: QQ I INMA (Name and DC Civilian: Action Taken/Comments: JAMES R. MCD oN0 17621 Secretary DCI-811 (02-03) INTERNAL REPORT . Florida Department of T5 "jig Law Enforcement Incorporated by Reference in Rule F.A.C. Please type or print in black or blue and use capital and small letters for names, titles, and address This form should be completed any time an internal investigation has been completed. Use this form to report to the Commission any sustained allegation(s) of non-compliance with Florida Statute 943.13(4) or (7) which does not result in the termination of the officer. Submit this form within 45 days of the date the allegation has been sustained, OFFICER 1. Social Security Number: (Optional) 2. OfHcer's Namei Willie Last First 3. Officers Last Known Address: Street City State Zip Code 4. Officers Telephone Number: (none indicated) AGENCY 5. Agency ORI: FL (private facility - South Bay) 6. Agency Name: Department of Corrections 7. Agency Contact Person: Gerald H. Abdul>>Wasi Inspector General B. Agency Telephone Number: (850) 488-9265 9. Agency Fax Number: (850) VIOLATION - ALLEGATION 10. Nature ofAllegation(s): DVPROPER CONDUCT fjolution of Policy, - by violatin use chemical munitions 11. Agency Disposition: Sustained - (Violation of s.943.13(4) or (7) Sustained - (Violation of Agency Policy) Not Sustained Unfounded Exonerated 12. Criminal Charges Filed: 13. Agency Disciplinary Action: 14. lfthe allegation has been sustained and determined to be a violation of Section 943.13(4) or (7), F.S. attached and forward the following to the Florida Department of Law Enforcement. lf) Summary of Facts internal investigation Report Name and Address of Witness [1 Witness Statement/Disposition Unfounded QExonerated NOTICE: Pursuant to Section F.S., an employing agency must conduct an internal investigation when having cause to suspect that an ofncer it employs is not in compliance with Section or (7), F.S. lf the investigation is sustained, the employing agency must forward a report to the Commission as specified by Rule 11B-27.003. Co 15. ge cyad in rator'ssignature 16. Date ign ea A. sz# QJA/?ioazd 17. Agency administra 's ame and title Effective 1/1/1993 Original - FDLE Copy - Agency Revised 2/1/2002 Investigation #06-40100 I Page #4 CORRECTIONAL INVESTIGATOR: DATE OF REPORT: DATE OF INCIDENT: CLASSIFICATION OF IDENT: LOCATION: COMPLAINANT (S): Scott Thomas March 8, 2006 November 15, 2005 Violation ol`Policy South Bay Correctional Facility Thomas, Scott Senior Prison Inspector DOB: 09/17/65 State of Florida Poteat, Theron Correctional Officer Lieutenant DOB: 09/08/64 Tillman, Willie Correctional Othcer DOB: 05/19/77 Foster, Carolyn Prison Inspector Investigation #06-40100 Page #5 Til, A I Senior Prison Inspector 3/08/06 Prison Inspector Supervisor Chief Prison Inspector 3 3 Deputy Inspector General/Inspector General rr Date Date Date Date Complaint/ Ap_ :al Form The GEO Group Inc. /,219 Complaint i A Appeal Kim* WYWT Name: /7 1 Employee Number: fP/int) First, MI, Last fi?pgealt (Be specific as to all demils relate:/lo I/ze .vituatiogjjl/gtg addili11nQi@gel L/all 7" &?(jl1QQ?l Sought: (BH done) ii ,__ele 55521. e.,e _if "Data A m7)7f "f If jj, Date. py? Signature ol Dateof/\uthority: .t TDate; ZQ may he attached to THIS COMPLAINT IS BEING SUBMITTED ON BEHALF OF THE PREFERENTIAL DECISIONS MADE IN THE RECENT PROMOTIONS THAT HAS TAKEN PLACE AT SOUTH BAY CORRECTIONAL FACILITY. ON MAY I2, 2006 THE FACILITY ADVERTISED A VACANT CAPTAINS POSITION DUE FOR CLOSING ON MAY I9, 2006. ON MAY 23, 2006, I COMMENCED WITH THE TAKING OF A WRITTEN CAPTAINS EXAMINATION WITH NO ORAL INTERVIEW THAT FOLLOWED. ON JUNE 2, 2006, I WAS GIVEN AN ANNUAL EVALUATION BY MY IMMEDIATE SUPERVISOR WHO COMMENDED ME ON MY OVERALL PERFORMANCE AS ABOVE AVERAGE, AND PERFECT SCORE ON THE WRITTEN CAPTAINS EXAMINATION, WHEN CONSIDERING THE ABOVE MENTIONED EVALUATION AND INPUT GIVEN BY MY SUPERVISOR, IT WAS THAT MY CHANCES OF BEING REWARDED THE PROMOTION TO CAPTAIN WAS GREAT. THE NINE AND A HALF YEARS OF SERVICE I HAVE GIVEN TO THE WITH NO NOTED DISCIPLINE, ACHIEVING THE OVERALL RANK AS LIEUTENANT, AND THE OBVIOUS POTENTIAL OF A SUPERVISOR BY BEING APPOINTED AS THIRD SHIFT ACTING CAPTAIN FOR A DURATION OF EIGHT MONTHS CLEARLY SHOWS MY ELIGIBILITY FOR THE SPECIFIED POSITION EXCEEDED THE REQUIREMENTS. ON JUNE 3, 2006, THE FACILITY AWARDED AN APPLICANT WITH THE RANK OF A CORRECTIONAL OFFICER I, THE PROMOTION TO CAPTAIN. (SKIPPING TWO RANKS- SERGEANT AND LIEUTENANT) THE PROCEDURE DONE TO PROMOTE A OFFICER I CAPTAIN HAS FOLLOWED FOR THE LAST (2) CAPTAIN POSTIONS HERE AT SOUTH BAY .THE APPOINTED APPLICANT APPLIED FOR A RECENT OPENING FOR A VACANT LIEUTENANTS POSITION IN APRIL OF 2006 AND WAS NOT SELECTED, THESE ACTIONS TAKEN ON BEHALF OF THE FACILITY LEAVES A POSSIBLE REASON FOR ME TO BELIEVE MY NOT BEING SELECTED FOR THE CAPTAIN POSITION WAS AN ACT OF RETALIATION DUE TO MY FORMAL COMPLAINT (MAY 2006) ON THE ADMINISTRATION. . ACCORDING TO THE PROMOTIONAL POLICY, A FINAL DESCISION SHOULD BE MADE SOLEY BASED ON TEST SCORES, ATTENDANCE, EDUCATION, AND YEARS OF SERVICE. RESOLUTION- I AM REQUESTING THAT THE OVERALL TEST SCORES FROM EACH APPLICANT BE COMPARED, AND A FAIR DECISION BE MADE BASED UPON THE ABOVE MENTIONED REQUIREMENTS. I AM REQUESTING EQUIVALENT CAPTAINS PAY . IAM PLEADING FOR THE ADMINISTRATION AT SOUTH BAY CORRECTIONAL FACILITY TO NOT RET ALIATE AGAINST ME DUE TO THIS OR ANY PREVIOUS COMPLAINTS FILED. THIS IS AN IN STANCE WHERE I FEEL I AM BEING TREATED UNFAIRLY AND HAVE THE RIGHT TO SPEAK OUT. FIRST LEVEL DECISION. EMPLOYEE COMPLAINT: LT. POTEAT PREFERENTIAL DECISIONS MADE RELATING TO RECENT PROMOTIONS TO THE RANK OF CAPTAIN: FIRST OF ALL LIEUTENANT POTEAT STATES THAT ON MAY 23, 2006 HE WAS GIVEN A WRITTEN EXAMINATION WITHOUT THE BENEFIT OF AN ORAL INTERVIEW. LIEUTENANT POTEAT STATES THAT UPON CONSIDERING HIS ANNUAL EVALUATION AND PERFECT SCORE ON THE WRITTEN EXAMINATION ALONG WITH INPUT FROM HIS IMMEDIATE SUPERVISOR. IT IS EVIDENT THAT HIS CHANCES FOR PROMOTION TO THE RANK OF CAPTAIN WAS GREAT. LIEUTENANT POTEAT ALSO ALLUDES TO THE PERIOD OF WHICH HE WAS GIVEN THE OPPORTUNITY TO SUPERVISE THE THIRD SHIFT AS ACTING CAPTAIN. HE STATES THAT DURING THIS PERIOD IT WAS CLEAR THAT HE WAS ELIGIBLE FOR PROMOTION TO THE RANK OF CAPTAIN. LIEUTENANT POTEAT ALSO ALLUDES TO THE MOST RECENT PROMOTIONS OF A CORRECTIONAL OFFICER TO THE RANK OF CAPTAIN. IN BOTH INSTAN CES, THE SELECTED INDIVIDUALS SKIPPED TWO RANKS (SERGEANT AND LIEUTENANT). LIEUTENANT POTEAT BELIEVES THAT BECAUSE HE SUBMITTED A FORMAL COMPLAINT (IN MAY 2006) AND THE FACT THAT HE WAS NOT, SELECTED FOR THE PROMOTION WAS AN ACT OF RETALIATION. UPON REVIEW OF THE POLICY PERTAINING TO THE INTERVIEW PROCESS, I DO NOT FIND THAT AN ORAL INTERVIEW IS A REQUIREMENT OF THAT PROCESS. IT IS NOT MY INTENT TO DISPUTE THE LIEUTENANTS ACHIVEMENTS BY OBTAINING A PERFECT SCORE ON THE WRITTEN EXAMINATION NOR HIS ANNUAL EVALUATION RATING. THE PERSON PROMOTED TO THE RANK OF CAPTAIN HAS BEEN EMPLOYED AT THIS FACILITY FOR A NUMBER OF YEARS, ON A PART-TIME BASIS. HE RECENTLY RETIRED FROM THE DEPARTMENT OF CORRECTIONS. AT THE OF RETIREMENT, HE HELD THE RANK OF CAPTAIN. THIS INDIVIDUAL ALSO HELD THE RANKS OF LIEUTENANT, AND SERGEANT BEFORE HIS PROMOTION TO CAPTAIN WITH THE DEPARTMENT OF CORRECTIONS. THE PERSON PREVIOUSLY PROMOTED TO THE RANK OF CAPTAIN ALSO RETIRED FROM THE DEPARTMENT OF CORRECTIONS. AT THE TIME OF RETIREMENT, HE HELD THE RANK OF COLONEL. BEFORE BEING PROMOTED TO COLONEL THIS INDIVIDUAL HELD VARIOUS OTHER POSITIONS SUCH AS AUDITOR FOR THE DEPARTMENT OF CORRECTIONS, CAPTAIN, LIEUTENANT, AND SERGEANT. HE WORKED AT SEVERAL INSTITUTIONS WITHIN THE STATE OF FLORIDA. THE FACT THAT THE LIEUTEANT WAS NOT SELECTED FOR PROMOTION, WAS NOT AN ACT OF RETALIATION. THE OVERALL TEST SCORES OF EACH APPLICANT WAS REVIEWED BEFORE THE SELECTION WAS MADE. THE SELECTION WAS MADE IN ACCORDANCE WITH FACILITY AND CORPORATE POLICY AND PROCEDURE DIRECTIVES. LIEUTENAT POTEAT, AS WELL AS THE OTHER APPLICANTS WERE WELL QUALIFIED FOR PROMOTION TO THE RANK OF CAPTAIN. ALL WERE GIVEN DUE CONSIDERATION BY PROMOTING AUTHORITY. I CANNOT SUPPORT HIS REQUEST TO BE PAID A SALARY EQUIVALENT TO THAT OF A CAPTAIN. HE IS A LIEUTENANT NOT A CAPTAIN. THERE WILL BE NO RETALIATION AGAINST LIEUTENANT POTEAT. I UNDERSTAND THAT HE FEELS HE IS NOT BEING FAIRLY AND I DO SUPPORT HIS RIGHT TO SPEAK OUT. JLW fi 5 Employ?e Complaint/ Appeal Form 6 fl 6; 2fl' 55; gf Date: Complaint Appeal Name; PQ Social Security Number: (Prim) ML Last Comglainf as to all delczilv related to the situation) (Alma/1 addilioqgl sheet inc/Kia mmff' and _Resolutioll Sought: (Be specwc a??Q@l?Qould li/QL? done) (Allaah addgipmzl wg will *ww fl ll _aww - - - ?@m3 7 12332A NEW POST CHANGE FOR SECURITY STAFF WAS POSTED ON FRIDAY FEBRUARY I7, 2006. ONE SUPERVISOR WAS UNHAPPY WITH THE NEW POST CHANGE AND MEET WITH THE FACILITY ADMINISTRATOR HERE AT SOUTH BAY CORRECTIONAL FACILITY. AFTER THAT MEETING WITH THE SUPERVISOR AND THE FACILITY ADMINISTRATOR SEVERAL OTHERS CHANGES WERE MADE TO ACCOMADATE THAT SUPERVISOR ONLY. SIX OTHER SUPERVISORS WERE GIVEN DIFFERENT OFF AND WERE NOT GIVEN AN OPPORTUNITY TO REQUEST A SHIFT CHANGE. LESS EXPERIENCE SUPERVISORS WERE PUT INTO POSITIONS OVER MORE EXPERIENCE SUPERVISORS. THE MORAL HAS ONCE LOWER AGAIN. IREQUEST THAT WE ALL FOLLOW GEO POLICY 3.l,I (SHIFT CHANGE) AND ALLOW ALL STAFF (INCLUDING LIEUTENANTS) TO PLACE A POST CHANGE REQUEST FOR DAYS OFF BY SENIORITY, ATTENDANCE, PROFESSIONALISM, JOB PERFORMANCE, CO-WORKER RELATIONS, AND KNOWLEDGE OF JOB DUTIES. GEO POLICY PROHITS RETAILATION OR HARAS SMENT AGAINST ME FOR FILING THIS COMPLAINT. 9 MAR 6 2005 POST SHIFT SUPER SHIFT RELIEF 1 SHIFT RELIEF 2 1ST SUPERVISOR ZND SHIFT SUPERVISOR ZND ASST. SUPERVISOR BRD ASST. SUPERVISOR 3 DA POSTS ASSISTANT WARDEN ADMINISTRATIVE ASSISTANT COLONEL ADMIN CAPTAIN TRAINING DIRECTOR CONFINEMENT SUPERVISOR HEADQUARTERS OFFICER SGT. FACILITY INSPECTOR ASST. FACILITY INSPECTOR SUPPLY OFFICER SECURITY SERGEANT SECURITY OFFICER SALLYPORT GATE OFFICER OUTSIDE GROUNDS OFFICER INSIDE GROUNDS OFFICER CON. REC. OFFICER 1* CON. REC. OFFICER 2* TRANSPORT OFFICER 1 TRANSPORT OFFICER 2 TRANSPORT OFFICER 3 TRANSPORT OFFICER 4 TRANSPORT OFFICER 5 INDUSTRIES OFFICER TOOL CONTROL OFFICER PROPERTY OFFICER MAINT CORRIDOR OFFICER TRAINING OFFICER KA9 OFFICER 4 STAFF EM BER G. JACKSON South Bay Correctional Facility ER ROSTER J. HOLLOWAY G. HAYES S. WELLS . T. POTEAT J. CLENTSCALE G. BUTTS N. MEADORS L. STEVENS J. WILDS J. BARNES P. CARDENAS D. BRYANT S. DIXON D. POLING C. FOSTER 0. GARY S. BROWN W. COLEMAN J. ALMAZON C. A. TAYLOR T. JACKSON J. GARZA R. SLAUGHTER H. EADES P. PATE L. PEITWAY V. MCPHERSON E. GIBBONS G. SMITH R. MCKENZIE C. JARVIS T. S. ALLEN K. BELL TOTAL AUTHORIZED COMPLIANT: 260.99 SUPERVISORS: 57 OFFICERS: 203.99 MARCH 2006 DAYS OFF IEA. ACADEMY- B. JONES, N. DECKLES, C. KENDRICK, B. DANIELS, A. LEBRDN, G, DAVIS, C. MCNEAL, T. DAVIS, J. MOSELV, S. HARRELL, D. (1) LHARRIS, D. PAIEON, W. HEATH, O. SINGLETARY, S. HUSTON, J. ICON, (2) (1) O. WILLIAMS, D. WILLIS. TEST PENDING - D. GADSON, C. SMITH (1) NEXT J. ALEXANDER, N. JEFFERSON, M. BONILLA. (2) L. JENKINS, R.C. THOMAS, C. BOSTON, M. MATARI, S. THOMAS, R. BROCK, (2) P. VICKERS, M. FORD, L. ORR, Q. WALKER, W. GABRIEL, C. POUNCEY, I. WINN, V. GREER, T. POWELL, C. HESSING, I. HOWARD, C. ROWE, T. JACKSON, O. SAUNDERS, ROSS ANNUAL TRAINING RELIEF OFFICERS Rl- B. WILLIAMS RZ- J. WARREN R14- SGT. D. HALL R15- O. HARVEY MAT LV R16- SGT. M. VARNUM LOA R17- SGT. F. SPEAR MILT R7- J. WIMBERLEY LOA RI9- L. GOODIN HOUSING R8- RZO- B, PERRY D.R. R9- R21- D. MILLS ACA J. GARCIA INSP RII- R23- L. ALLEN KRONOS S. HESTER D.R. SHIFT DESIGNATIONS 1: 11:00pm to 7:00am 2: 6:45am to 3:15pm 3: 2:45pm to 11:15pm 4: 6:00am to 2:30pm 5: 2:00pm to 10:30pm 6: 8:00am to 5:00pm 7: 7:30am to 4:30pm 5,5 QZH HCL A/Aga Ca/one/.ZPW/ds Date r/ N. R. Meadors; A. . of5ecurity/ Date A if ,2 /0 . en Date CRITICAL 2/16/2006 3 GENDER sPEc|Fi<: rLSEIH i 1 ilm" U1 "He 4 rn "?1??m?3lQ_A ~z1= h" i 'lm'mlm ALIHHDQIS 2 C7 F1 75