06/06/2011 f**7s Qi in E"i1if 1, MON 17:13 FAX 001/007 Chiefland 14 E. Park Avenue - Chiefland, Florida 32626 Department gm; 493-6777 - Fax ?3522 493-6116 Robert L. Douglas Chief of Puliw Date: 02~03~09 To: Officer Nicholas Viaggio From: Lt. A. Graves - Professional Standards and Compliance Subject: Chiefland Police Department Intemal Investigation/Administrative review Ofticer Viaggio; This letter is to inform you that you have been named as a subject individual in this pending Chiefland Police Department internal investigation/administrative review. This review pertains to an incident which occurred on January 31, 2009 and wok place in a public environment while representing yourself as a Chieiland Police Officer. Disciplinary action may result as a result of and at the conclusion of this intemal investigation and review. Sincerely, Lt. A. Graves Chiefland Police Department 06/06/2011 MON 17:13 mix City of Chiefland Disciplinary Action Report Employee Name: Nicholas Viaggio Date: 02-03-09 Classification: Police Officer Division: Patrol You"are hereby charged with violating the City's Personnel Rules and that the employee has violated the following provisions of the Chiefland Police Depa1'tment's Policy and Procedure Manual. Violation; 1. Chiefland Police Department Manual, Operational Order 39-Section2-Paragraph 25 Conduct unbecoming a public employee, Facts: On January 31, 2009, you were stopped for a traffic violation by members ofthe Cedar Key Police Department. Immediately upon being contacted by the Cedar Key officer, you displayed your Chiefland police officers badge and identified yourself as a Chietland police officer. As the police officer attempted to engage in a dialogue with you pertaining to the traffic stop, you became verbally aggressive and verbally abusive to the officer. You were overheard making numerous and repeated, verbal, lewd and profane remarks directed towards the Cedar Key officer, other Cedar Key officers, and the City of Cedar Key as a whole. You questioned the officer's intent regarding the traffic stop and his work ethic. When the officer attempted to explain the reason for the traffic stop, he was again met with a vulgar and profane response and his reasoning was rudely dismissed. It was also noted that one ofthe inappropriate remarks, made to the officer, pertained to the Cedar Key Chief of Police, when in reality, that Chief of Police has no personal knowledge of you. These comments were made in the presence of other individuals on the scene and a City of Cedar Key Police Officer. This entire event was captured on audio and video equipment routinely utilized by the Cedar Key Police Department during traffic stops and has been reviewed by this office. Throughout the traffic stop, you remained confrontational, profane, and verbally abusive towards the officer who appeared to be attempting to do his job to the best of his ability, in light ofthe 06/06/2011 MON 17:14 FAX 003/007 circumstances. The officer iinally disengaged from contact with you and you left the scene. This behavior is especially troubling, due to the fact that this similar type of behavior had been previously discussed with you as recently as November 17, 2008. It was made clear to you, at that time, that this type of demeanor is inappropriate for a law enforcement officer at any time, and would not be tolerated in the future. This type of behavior will not be tolerated by the Chiefland Police Department whether you are in an "on duty" or "off duty" status. You violated the policy at this time, by engaging in behavior and conduct that is unbecoming a Chiefland Police Department employee. Your actions brought unnecessary scrutiny and embarrassment upon the Chieiland Police Department. You disobeyed this policy by willfully violating this Chiefland Police department rule, regulation, and policy. You are further reminded that any further violations of this nature will result in progressive discipline. 06/06/2011 MON 17:14 FAX 004/007 "lrlvestigative Endings as to the documented facts pertaining to these allegations:** Sustained The allegation is supported by a preponderance of evidence to justify a reasonable conclusion that the incident occurred_ Recommended action: Written reprimand V7 Day(s) Suspension Demotion Dismissal Effective date: la 3 FinaiAction:'qT Final Approvala-Zz' 4 QQ- o3~oq Chiefs gnature/Date 06/06/2011 MON 17:14 FAX 005/097 I, the undersigned, do hereby swear, under penalty of perjury, that, to the best of my personal knowledge, information, and belief, I have not knowingly or willfully deprived, or allowed another to deprive, the subject of the investigation of any rights contained in ss. 112.532 and 112.533, Florida Statues." Lf. Alfred Graves 02-03-09 It is also noted that, the subject individual of this investigation, shall provide his or her statements under oath pursuant to F.S. 92.525 and that knowingly false statements made by that individual may subject the sarne individuel to prosecution for perjury. In signing this report, I acknowledge only that it has been discussed with me and that I -have received a copy. I understand that I may respond in writing and that such a response will be made a of this report06/05/2011 MON 17:14 FAX 005/007 Garrity Warning l. I am being questioned as part of an investigation by the Chiefland Police Department into potential violations of departmental rules and regulations, or for my fimess for duty. This investigation concerns misuse and abuse of city property, incompetence or substandard job performance, unauthorized use and possession of city property, theft of city property, insubordination, and dishonesty. 2 I have invoked my Miranda rights on the grounds that I might incriminate myself in a criminal manner. 3 Ihave been grunted use immunity. No answer given by me, nor evidence derived from the answer, may be used against me in any criminal proceeding, except for perjury or false swearing. 4. I understand that I must now answer questions specifically, directly and narrowly related to the performance of my official duties or my fitness for office. 5. If I refuse to answer, I may be subject to discipline for that refusal which can result in my dismissal from this agency. 6. Anythingl say may be used against me in any subsequent deparmiental charges. 7. I have the right to consult with a representative of my collective bargaining unit, or another representative of my choice, and have him or her present during the interview. LT- Ol.. Lt.. Alfred s/02-03-ature 06/05/2011 MON 17:14 FAX 007/007 Chiejland 14 E, Park Avenue Chiefland, Florida 32626 "wie" Department 493-6777 - Robert L. Douglas Chief ul' Polio# Chiefland Police Department 14 East Park Avenue Chiefland. Florida 32626 February 2009 Virgil Sandler Cedar Key Qhief of Police Cedar Ket Police Department P.O. Box 339 Cedar Key, Florida 32625 Dear Chief Sandler, Please accept my deepest apologies Chief regarding the conduct I displayed oo your police officers during a recent traffic stop for unlawful speed in your city during the evening hours of January 3 2009. My conduct displayed to your officers during the traffic stop was unacceptable. I have no excuses. I not only embarrassed iz profession I so highly regard, but I embarrassed my myself, my wife and the Chiefland Police Department by my actions. Idisrespecred you Chief Sandler, your agency and the officers that served your city with great pride. Just as importantly, I disrespected and disappoinred Chief Robert Douglas. Lt. Al Clraves andthe rest of the men and women who serve the City of Chiefland and for that, again I greatly apologize. In closing. my family and I enjoy your city and the activities it brings. I hope to continue visiting il. I will hope that this incident does not hinder our ability to work together in the Future. q? .Lv Nick . Chiefla I F- leer Sincerel 1 1 MON 17:16 FAX 0?1/003 City of Chiefland Disciplinary Action Report Employee Name: Nicholas Viaggio Date: 11-17-08 Classitication: Police Officer Division: Patrol You are hereby charged with violating the City's Personnel Rules and that the employee has violated the following provisions of the Chiefland Police Departmenfs Policy and Procedure Manual. Violation: l. Chiefland Police Department Manual, Operational Order 39-Section 2-Paragraph 25 Conduct unbecoming a public employee. Facts: On October 10, 2008, you were involved in a verbal altercation with a fellow officer and oo-worker. The dispute stemmed from a derogatory verbal statement that you made' which was directed towards a Chieiland Police Department supervisor, who was not present at the time. This statement and verbal dispute took place in an open air, public environment restaurant sening The statement and dispute occurred i.n the presence of civilians, restaurant employees, co-workers, and Chietland Police Department command staftl By your own admission at the time, you understood the volatile atmosphere which you had created by your comments. You violated the policy at this time, by engaging in behavior and conduct that is unbecoming a Chieiland Police Oflicer. Your actions brought unnecessary scrutiny and embarrassment upon the Chieiland Police Department. You disobeyed this operational order by willfully violating this Chietland Police Departmental rule, regulation, and policy. You are further reminded that any further violations of this nature will result in progressive discipline. 06/06/2011 MON 17:16 FAX In signing this report, I acknowledge only that it has been discussed with me and that I have received a copy. I understand that I may respond in writing and that such a response will be made a part of this xeport. 'sate Recommended action: Written reps-imand_X__ Day(s) Suspension Demotion Dismissal Effective date: 10-17-08 Final Action: Final Approval 9- ff# Chiefs sxgnature/Date 06/06/2011 MON 17:15 FAX 1 I, the umdersigned, do hereby swear, under penalty of perjury, that, to the best of my personal knowledge, information, and belief) I have not knowingly or willfully deprived, or allowed another to deprive, the subject ofthe investigation of any rights contained in SS. 112.532 and 112.533, Florida Statues." Lt. Al Graves It is also noted that, the subject individual of this investigation, shall provide his or her statements under oath pursuant to P.S. 92.525 and that knowingly false statements made 'by that individual may subject the same individual to prosecution for perjury. Lt. Alf Graves Robert L. Douglas Chzefland . 14 E. Park Avenue Chiefland, Florida 32626 - 'f-mv: Depalfmenf (3522 493-6771 - Chief ol Police Chieiland Police Department Professional Standards and Compliance Bureau Case number: 09-03 Date of complaint: October 7, 2009 Chieiland Police Depaxtment Investigator: Captain Alfred Graves Allegation That the subject employee (officer) violated the City of Chiefland Employee Policy XII (3), Leaving the workplace without permission (absent without leave), on the dates listed in the complaint. Allegation That the subject employee (oiicer) violated the City of Chietland Policy XII (16), Falsitication of city records (including city payroll and timesheets), on the dates listed in the complaint. Suhiect employee: Nicholas Viaggio- City of Chleiland Police Officer 14 East Park Avenue, Chiefland, Fl., 32626 352-493-6777 Witness employee Matthew Poppell- City of Chiefland Police 14 East Park Avenue, Chieflaud, Fl., 32626 352-493-6777 Witness employee Ryan Hinote- City of Chieiland Police Officer 14 East Park Avenue, Chiefland, Fl., 32626 352-493-6777 Witness employee Alton Home- City of Chieiland Police Officer l4 East Park Avenue, Chiefland, Fl., 32626 3352-493-6777 I ozo/100 SZFLI NON Chiefland VV 14 E. Park Avenue - Chjefland, Florida 32626 sie* gaszg 493-6177 Rohan L. Douglas Chief of Pollen i ozo/zoo Synopsis ofthe complaint C.P.D. P.S.C.B 09-03 On 10-03-09, Sgt, Matthew Poppeli was advised by an employee Officer Ryan l-iinote that a co-worker Oflicer Nicholas Viaggio had terminated h.is regularly scheduled shift, on this date, prior to the proper time. On 10-04-09, Sgt. Matthew Poppell was lizrther advised by Officer Hinote that Ofticer Viaggio had, once again, terminated his regularly scheduled shift, on this date, prior to the proper time. Oflicer Viaggio's regularly scheduled work shitt is 1800 until 0600 On 10-02-09, Officer Viaggio began his regular work shift at 1930 and terminated his shift via the departmental police radio frequency at 0410 The final entry on Oftioer Viaggids daily worksheet for this date is 0200 On 10-03-09, Officer Viaggio began his regular work shiit at 1744 and terminated his shin via the departmental police radio frequency at 0349 The final entry on Otiicer Viaggio's daily worksheet for this date is 0130 On 10-04-09, Ofricer Viaggio began his regular work shiit at 1745 The final entry on Officer Via.ggio's daily worksheet for this date is 0130 These incident and event times are documented via the Levy County Sheriff' Oflice CAD radio dispatch system see attached* and Officer Viaggio's daily worksheets for the dates previously listed. These worksheets are all signed by Oftieer Viaggio and should be designated as official City of Chiefland records. Sgt. Poppell was never contacted in any manner, before, during, or after, any of the listed dates that Officer Viaggio his shin earlier than his regularly scheduled time to leave the workplace. Sgt. Poppell was Officer Viaggio's immediate supervisor on the previously listed dates and has stated in this complaint that he was never notijied in any manner that Officer Viaggio would be terminating his regularly scheduled shift earlier than normal. It is normal procedure, within the Chietland Police Department, for a City of Chietland Police Departmental employee to advise his immediate supervisor if it is the employee's desire to leave the workplaee early, thus negating or creating the situation of being absent from the workplace without proper authorization. 2 XV5 NON Chiejland . N. V, 14 E. Park Avenue Chicfland, Florida 32626 "fer Depaflmenf (352)493-6177 - 1=axg3s2;4934s776 Robert L. Douglas Chief of Police On 10-02-09, Ofiicer Viuggio submitted a Chicfland Police Department Overtime Report requesting to be paid for three(3) hours of paid overtime stemming tiorn an official court proceeding in Gaiuseville, Fl., on 09-30-09. On 10-02-09, Officer Viaggio also submitted his Chietland Police Department bi-weekly Employee Time Sheet for the period of 09- 24-09 to 10-07-09. Oflicer Viaggio also indicated, on that time sheet, that he had worked three (3) hours overtime on 09-30-09. On that same Employee Time Sheet., for that specific pay period, Officer Viaggio indicated that he had worked an entire twelve(12) hour shift on October 2nd and 3rd, 2009, and October 3rd and 4th, 2009, which is in direct conflict and contradiction with what actually occurred and with other documents. Both of these documents are signed by Officer Viaggio and should he designated as ofdcial City of Chieiland records. Sgt. Poppell advised that Oflicer Viaggio never contacted him in any mamier or fashion regarding his timesheet, overtime report, or terminating his shit! earlier than normal, on any of the previously listed dates. It is not normal procedure within the Police Department for an employee to submit a request for paid overtime and also utilize flex time within the same payroll time frame. receiving this documented complaint, on 10-04-09, regarding Officer Viaggio leaving his regularly scheduled shiit earlier than normal, this investigator Captain A. Graves responded to O&icer Viaggio's home residence in the early morning hours of 10-05-09. Upon entering the apartment's parking lot located within the apartment complex where Officer Viaggio resides, I observed the the employee's City of Chietland police vehicle parked in front of his residence. The time was 0425 on 10-05-09. Officer Viaggio was nowhere in sight at that time. At 0437 the Levy County Sheriffs Oflice dispatcher attempted to contact Officer Viaggio on two(2) occasions, to check on his well being. and received no response from Officer Viaggio. Alter several minutes passed, Ofiicer Viaggio iinally responded to the L.C.S.O. dispatcher and asked the question were you raising me"? At 0443 Officer Viaggio was observed. leaving his residence on foot. Oflicer Viaggio entered his police vehicle and left the area at that time. There are no other specific elements pertaining to this documented complaint at this time. 3 ozo/too Xtra NON Chiejland P01109 14 E. Park Avenue - Chiefland, Florida 32626 Department gm; 493-6777 - Fax ?3522493-6776 Robert L. Douglas Chler of Police The alleged complaints are as follows: l. That the City of Chietland employee, Nicholas Viaggio never sought or requested proper authorization or leave approval, hom his immediate supervisor, before terminating his regularly scheduled work shih 1800-0600) on October 3, 2009 and October 4, 2009. 2. That the City of Chleiland employee, Nicholas Viaggio, submitted City of Chieiland Employee Time Sheet which indicated that the employee has worked a complete and regularly scheduled shift oftwelve(12) hours, This document is an obvious contradiction as to what actually occurred and is corroborated by the Levy County Sheriffs Office radio dispatch CAD reporf/documentation. i lg;-le-og CaptainAlfredGra es Date 4 ws Now 10.7.09 To: Captain Alfred Graves Cc; Chief Robert Douglas On 10.3.09 I was informed by Ofc. Ryan Hlnote of an incident within my command regarding Ofc. Nick Viaggio (3411). i was informed that Ofc. Vlaggio had went off duty without authorization. I was informed that the approximate time was 0410 on 10.3.09. On the same date I retrieved the Levy County Sheriffs Ofhce Dispatch's CAD system log of all Chlefland Police entries during 10/2 10/3. The CAD history showed Ofc. Vlaggio going off duty at on 10.3.09 Ofc. Viaggios shift is 1800-0600. Ofc. Viaggio did not inform me of the leave nor did he have It authorized. On 10.4.09 I was then Informed again by Ofc. Hinote that Ofc. \/laggio went off duty again without authorization. then retrieved the Levy County's Dispatch CAD system log of all Chlefland Police entries of 10/3 - 10/4. The CAD log showed Ofc. Viaggio going off duty at 0349:-48 on 10.4.09. Ofc. Vlaggios shift is 1800-0600. Ofc. Viaggio did not Inform me of this leave nor did he have the leave authorized. - Ofc. Vlaggio on 10.02.09, submitted his time sheet with a total of 84 regular hours and 3 overtime hours. At no time during course of the weekend of 10.2.09 to 10.4.09 and to the end of pay period did Ofc. Viaggio make contact with me or submit written statement to Chief Robert Douglas. This incident was submitted for further disposition within my chain of command. Sgt. M. Poppell 020/900% xw sam Now Chiejland P01102 14 E. Park Avenue cnienand, P101-ada 32626 Dgpanment 493>>6777 Fax 493-6776 Il bert L. Douglas II To: Captain Graves From: Chief Douglas Date: 09-07-09 Subject: Internal Investigation 0 I am assigning you to investigate a complaint on Officer Nick Viaggio. Chief Douglas sz LT Chiejland Police gf 14 E. Park Avenue Chiefland, Florida 32626 "agp" Department (3522 493-6777 - sax 49345776 Robert L. Douglas Chief of F0li0? To: Ofticer Nicholas Viaggio Date: 10-07-09 From: Captain A. Graves - Professional Standards and Compliance Subject: Chielland Police Department Internal Investigation/Administrative review Officer Viaggio; This letter is to inform you that you have been named as a subject oflicer in this pending Chiefland Police Department internal review. This investigation pertains to incidents which occurred on October 2, 2009, October 3, 2009, October 4, 2009, and October 5, 2009. These incidents took place in a work place environment, while you were representing yourself; on-duty, as a Chiofland Police Officer. The impending investigation will be conducted by this investigator. You are hereby placed on administrative leave (with pay) until the conclusion of this review. You are advised to contact the Chietland Police Department on each of your regularly scheduled work days at BAM and again at SPM. This contact will be noted by administrative personnel. *You are not to discuss this review with anyone except your legal representative! This directive is to be considered a lawful order originating from this office. Allegation That the subject employee violated City of Chietland Employee Policy XII (3), Leaving the workplace without permission, on the dates listed. Allegation That the subject employee violated City of Chiefland Employee Policy (16), of city records including city payroll and timesheets on the dates listed. Sincerely, Captain A. Graves Chiefland Police Department I Loo sz=Lt son moz/so/so #'1n gig' 1) 5- 'ini' Chigajland 14 E. Park Avenue Chiefland, Florida 32626 Department ?3522493~6777 Rohm L. Douglas Chief of Pvlloe Date: 10-07-09 I, Ohieer Nicholas Viaggio, acknowledge that I have received and signed for my formal noticepf pending departmental review regarding Chiefland Police Departmenfs Professional Standards Bureau, case number 09-03, on this date. I also acknowledge that I have received and signed for copy ofthe Law Enforcement 0?Eoers' Bill of Rights, on this date. 10- Q21 - as Dm Cap A.Graves Date ozo/soo XVH LZFLI NON 2 020/600u Date: 10-07-09 To: Sgt. Matthew Poppell From: Captain A. Graves Professional Standards and Compliance Subject: Chietland Police Department Internal investigation/Administrative review Sgt. Poppell; This letter is to inform you that you have been named as a witness oflicer in this pending Chietlaud Police Deparhnent internal investigation/administrative review. This investigation pertains to incidents which occurred on October 2, 2009, October 3, 2009, and October 4, 2009. These incidents took place in a work place environment, while the subject officer was representing himself, on-duty, as a Chieiland Police Officer. The impending investigation will be conducted by this investigator. Allegation That the subject employee violated City ofChiei1aud Employee Policy XII (3), Leaving the workplace without permission, on the dates listed. Allogation That the subject employee violated City of Chieflaud Employee Policy XII (16), of city records including city payroll and timesheets on the dates listed. . Sincerely, Captain A. Graves Chiefland Police Department XV5 NOW Chiejlaml gf- 7-In A I- I L4 E. Park Avenue Chieflanrl, Florida 32626 Department 53522493-6777 - Robert Ll Douglas Chief ol' Pnliun ozo/oio WeinGarter1 Rule I, the undersigned, understand my employee rights under the Weingarten Rule as it was explained to me. I understand that I may have a legal representative present during any employer/employee inberview, should I request and desire one, at any time. A copy of the Weingarten rule has been provided to me on this date. I have also been informed by my employer that there will be no consequences or disciplinary action taken towards me upon conclusion of any interview which I may provide without representation. With full knowledge of what information has been provided to be regarding the - Weingarten rule and without any employer coercion directed towards me, I willingly agree to an employer/employee interview at this time without legal representation. Em ee Date itness Date Ca Alfred ves Date Xvil NON .5 Date: 10-07-09 To: Officer Alton Home From: Captain A. Graves - Professional Standards and Compliance Subject: Chiefland Police Department Internal Investigation/Administrative review Ofncer Home; This letter is to inform you that you have been named as a witness oflicer in this pending Chleiland Police Department internal investigation/administrative review. This investigation pertains to incidents which occurred on October 2, 2009, October 3, 2009, and October 4, 2009. These incidents took place in a work place environment, while the subject officer was representing himself; on~duty, as a Chietland Police Officer. The impending investigation will be conducted by this investigator. Allegation That the subject employee violated City of Chieiland Employee Policy XII (3), Leaving the workplace without permission, on the dates listed. Allegation That the subject employee violated City of Chiefland Employee Policy XII (16), of city records including city payroll and timesheets on the dates listed. Sincerely, Captain A. Graves Chieiland Police Department XV.K NON Chiefland Police 14 Park Avenue Chiefland Florida 32626 U33 Robert L. Douglas Chief Dl' Pollen ozo/zio WeinGarten Rule I, the undersigned, understand my employee rights under the Weingarten Rule as it was explained to me. I understand that I may have a legal representative present during any employer/employee interview, should I request and desire one, at any time. A copy of the Weingarten rule has been provided to me on this date. I have also been informed by my employer that there will be no consequences or disciplinary action taken towards me upon conclusion of any interview which I may provide without representation. With knowledge of what information has been provided. to be regarding the Weingarten rule and without any employer coercion directed towards me, I willingly agree to an employer/employee interview at this time without legal representation. I0 . . le oft Employee Date lo- ls-ow ttness Date 1 0* Cap Alfred ves i3 09 Date XV5 NON 'u 1 0z0/?10 Date: l0~07-09 To: Officer Ryan Hinote From: Captain A. Graves - Professional Standards and Compliance Subject: Chietland Police Department Internal review Oflicer Hjnote; This letter is to inform you that you have been named as a witness officer in this pending Chiefland Police Department internal investigation/administrative review. This investigation pertains to incidents which occurred on October 2, 2009, October 3, 2009, and October 4, 2009. These incidents took place in a work place environment, while the subject oiicer was representing himself; on-duty, as a Chieiland Police Ofticcr. The impending investigation will be conducted by this investigator. Allegation That the subject employee violated City of Chietland Employee Policy XII (3), Leaving the workplace without permission, on the dates listed. Allcgation That the subject employee violated City of Chiefland Employee Policy XII (16), Falsitication of city records including city payroll and timesheets on the dates listed. Sincerely, Olgolfiiwsw Captain A. Graves Chiefland Police Department XVH LZFLI NON - es; 'Ui . . 2. ll Chiejland Polzce Department 493-6777 - Fax `?352) 493-6776 14E Park Avenue Chiefland Florida 32626 Robert L. Dnuglas Chief of Police WeinGarten Rule I, the undersigned, understand my employee rights under the Weingarten Rule as it was explained to me. 1 understand that I may have a legal represenmtive present during any employer/employee interview, should I request and desire one, at any time. A copy of the Weingarten rule has been provided to me on this dame. I have also been informed by my employer that there will be no consequences or disciplinary action taken towards me upon conclusion of any interview which I may provide without representation. With full knowledge of what information has been provided to be regarding the Weingarten rule and without any employer coercion directed towards me, I willingly agree to sn employer/employee innerview at this time without legal representation. lo 3 - iG~ Employee Date jf . _mess Date lo-iQ-0% Cap Allied ves Date NON Chzejland . 14 E. Park Avenue Chiefland, Florida 32626 "'ff5,ff DEURp(ll'll1lEURl'll' ?352) 493-6777 - Fax (3522 493-6776 Robert L. Douglas Chief or Police I, the undersigned, do hereby swear, under penalty of pexjury, that, to the best of my personal knowledge, information, and belietl I have not knowingly or willfully deprived, or allowed another to deprive, the subject ofthe investigation of any rights contained in ss. 112.532 and 112.533, Florida Statues." Captain Alfred Gra It is also noted that, the subject individual of this investigation, shall provide his or her statements under oath pursuant to F.S. 92.525 and that knowingly false statements made by that individual may subject the same individual to prosecution for perjury. Captain Alfved Gra es LZFLI NON can/sto Chzejlaml 14 E. Park Avenue - Chiefland, Florida 32626 "fel-9" 352 493-6777 - Fax 352 493-6776 Robert L. Douglas Clilefefrelloe Disciplinary Action Report Employee name: Nicholas Viaggio Date: 10-26-09 Classification; Police Ollioer Division: Patrol 0z0/910 You are hereby charged with violating the City's Personnel Rules and that the employee has violated the following provisions ofthe City of Chiefland Employee Manual. Violations: l. City of Chietland Employee Manual, Section XII (3), Leaving the workplace without pezmission (absent without leave). 2. City of Chietland Employee Manual, Section XII (16), Falsilicalion of city records (including city payroll and timesheefs). xm SZFLI now moz/90/90 Chzejland ic 14 E. Park Avenue Chietland, Florida 32626 "turf D?pdifm?nt ?352) 493-6777 sax ?352) 493-6776 Robert L. Douglas Chief of Pollee Disciplinary Action Report Employee name: Nicholas Viaggio Date: 10-26-09 Classification: Police Officer Division: Patrol *Addendum and clarification to investigative report* During the original interview with Oflicer Viaggio, it was erroneously stated by this investigator, that the pay period in question was iron; August 24th, 2009 until October 2009, In reality, the pay period in question for the employee and pertaining to use mvesrigauon, is september 2009 through oewber 2009. .iy Facts; Between the dates of October 2, 2009 and October 5, 2009, you were assigned to your regularly scheduled work shitt of 1800-0600 while attending work in an on-duty status. On October 3, 2009, you terminated your work shift ut 0410 which is earlier than normally scheduled. On October 4, 2009, you terminated your work sltilt at 0349 (3 is earlier than normally scheduled. This time amounts to 241 minutes or four hours and one minute. By your own admission, you coniirmed that you terminated your regularly scheduled shifts, earlier than normal on those dates. The termination of your regular work shitls, on those dates, is corroborated and confirmed, on record by the Levy County Sheriff's Office radio dispatch and CAD system. Statements provided by independent witnesses, during the course of this review, supported and confirmed this allegation. By your own admission, you confirmed that between t.he dates of October 2, 2009 and October 5, 2009, you never contacted your immediate supervisor, to discuss this situation with him, nor did you ever, at any time, request to leave your regularly scheduled work shin earlier than normal, on those dates. By your own admission, you indicated that your immediate supervisor is readily available to his employees, via numerous avenues of communication. Even though ample opportunities existed during this time frame for you to contact him regarding this matter, you made 9. conscious decision, as a veteran officer, not to contact your immediate supervisor and terminated your work shifts earlier than normal, on the dates listed. You violated the 050/Lro :ws sz=1_r Nou Po lice 14 Park Avenue - Chiefland Florida 32626 Chigjland A Q352) 493-6777 - Fax @3522 4936776 Robert L. Douglas Chief of Police Disciplinary Action Report Employee name: Nicholas Viaggio Date: l0~26-09 Police Officer Division: Patrol lr cad/S10 policy, at this time, by ihiling to contact you immediate supervisor, and obtaining proper authorization, prior to terminating your work shift and leaving the work place. By your own admission, you submitted a Chiefland Police Department Employee Time Sheet, for the pay period of September 24, 2009 through October 7, 2009, which indicated and documented that you had worked a full and complete twelve (12) hours work shift on the dates of October 2, 3, and 4, 2009. This Chietland Police Department Employee Time Sheet was sigied by yourself and is designated an official city document. By signing that document, you that report as being a true and correct record ofthe hours that you worked during the listed time name. You violated the policy, at that time, by submitting a falsified City of Chieflaud document, indicating that you had worked and completed a full twelve (12) hour shitl, on the dates previously listed in this review. Upon completion of the review of the iilcts and evidence in this investigation, it was determined that was not the actual truth in this matter. You disobeyed all of these operational orders by willfully violating these City of Chiethmd rules, regulations, and policies. XVS NON Chiejland Akai 14 E. Park Avenue Chieflancl, Florida 32626 Depdnm?nl Q522 493-6777 - ll I I Ruben L. Douglas Chief of Police "Investigative findings as to the documented facts pertaining no these allegations?" Sustained-~ These allegations are supported. by a preponderance of evidence to justify a reasonable conclusion that these incidenst occuned. In signing this report, I acknowledge only that it has been discussed with me and that I have received a copy, I understand that I may respond in writing and that such response will be made a part of this report. I 0 /al' /Date Recommended action: Written reprimand Day(s) Suspension Demotion Dismissal Elfectivedate: (Q 2 co2 Final Action: Final Approv Chief Robert Douglas Date 020/610 sz=L1 now moz/so/so I 4., 'um Pohce 14E Park Avenue - Chiefland Florida 32626 . 722 . Department I 352 493-6777 - 493-6776 Robert L. Douglas Chief of Folics 1. 1, the undersigned, do hereby swear, under penalty of perjury, that, to the best of my personal knowledge, information, and belief] I have not knowingly or willfully deprived, or allowed another to deprive, the subject of the investigation of any rights contained in ss. 112.532 and 1. 12.533, Florida Statues." 'Alfred ves It is also noted that, the subject individual of this investigation, shall provide his or her statements under oath pursuant to F.S. 92.525 and that knowingly false statements made by that individual may subject the same individual to prosecution for perjury. Alfred ves :ws sz=Lz non