SUNRISE CITY 0 PERSONNEL DEPARTMENT (Milt?! 100 US Highwayl Fort Pierce, FL 34950 1 Tel: 772.467.3000 Fax: 772.489.0872 T0: Nick Mimms, City Manager FROM: Kevin E. Browning, HR Manager& SUBJECT: Complaint Against Police Chief Diane Hobley-?Burney DATE: June 29, 20 16 Attached is the completed investigation into allegations of misconduct filed by citizen Rick Reed against the City of Fort Pierce Police Chief Diane Hobley?Burney. The investigation was conducted in accordance with City Rules and Regulations. Attachment: City of Fort Pierce Human Resources Investigation (transcribed verbatim), and voice recorded interviews. SUNRISE CITY PERSONNEL DEPARTMENT 100 US Highwayi Fort Pierce, FL 34950 Tel: 772.467.3000 Fax: 772.489.0872 Complaint Allegations Summary: On April 26, 2016, a complaint was emailed to City Manager Nick Mimms. The complaint was from citizen Rick Reed. In the complaint, Mr. Reed alleged: First, on Monday night, April 18, 2016, after a regular City Commission meeting, he was standing outside with a group, and the Chief of Police Diane Hobley~Bumey, while walking up, said to him ?My son gonna get you?. He said he saw her hand coming down, and according to his group members, she had been pointing to him. Secondly, Mr. Reed alleged that two weeks earlier, the Chief of Police and two of her command staff came to the Golden Bear Restaurant in an unannounced visit and asked to see him. Lastly, Mr. Reed said that the Chief wrongfully ?disseminated information concerning a viable Fort Pierce business?. He alleged that ?her actions are intended and are received clearly to intimidate and coerce me from speaking out concerning these issues?. Investigation Upon being given the complaint, HR Manager conducted an investigation and the following individuals were interviewed: 1. Mr. Rick Reed May 8, 2016 2. Reverend John Lee May 17, 2016 3. Reverend Robert Lee Cash May 17, 2016 4. Mrs. Caroline Sessions May 19, 2016 5. Special Investigator Borthland Murray May 23, 2016 6. Deputy Chief Kenny Norris May 24? 2016 7. Deputy Chief Frank Amandro May 24, 2016 8. Police Chief Diane Hobley-Burney June 21, 2016 ffHE SUNRISE CITY DEPARTMENT 100 US HighWayi Fort Pierce, FL 34950 Tel: 772.467.3000 Fax: 712.489.0872 Five Major Questions] issues to be answered: Q: Did the Chief of Police, Diane Hobley?Burney have advanced notice that citizen Rick Reed might be mentionig personal family business (son?s arrest)? A: According to the witnesses: and the Chief, she was advised/notified by a number of people of attempts to share her family business son?s arrest before she made the visit to the Golden Bear (Aprii 5) and before an alleged statement to Rick Reed regarding her son (April 18th) notifications came from: Deputy Chief Norris, Officer Murray, and Deputy Chief Amandro. The Chief testified: was a number of people involved because he said it directly to my Deputy Chief Norris, Frank Amandro, Damien Spots and, not necessarily that night, and Don Chrisman. (pg.5 Chief?s Testimony) GFz-had to be before because as I, yeah it was before that because that was the whole thing I was trying, once I found out that he was showing my son?s picture, I was trying to correct it immediately doing my best to correct it. (pg.7 Chief?s Testimony) Q: Did the Chief of Police, Diane Hobley?Burney take her uniformed staff to the Golden Bear Restaurant to see Rick Reed? A: The Chief did make a visit to the Golden Bear Restaurant on April 5,2016. All three were in uniform and on City Time. The Chief testified: "The purpose of that meeting was just what i said, you know I am a women about things and confront things head on, I met with, I wanted to meet with him and say look keep my family out of this. If you want to deal with me, don?t bring my family, and lam very protective of my family and i think that?sjust the right and respectful thing to do. I think it?s, it is low and just disrespectful to bring a famiiy into situations such as this. And as I said because I might not agree with Rick Reed on a number of things, but I was hoping that that conversation would eliminate any further displays of my son or bring in my famiiy into anything. was hoping that I could reason with him to do that and my deputy chiefs that were there they had no idea, that was one of the spur of the moment things?. (pg. 7. Chief?s Testimony) "That's the whoie thing, it didn?t involve them (Deputy Chiefs) it was personal, it was about me having a conversation with Rick it wasn?t about any other business of Fort Pierce, it was the business and Diane Hobley- Burney and Rick Reed. That was personal, just leave my family out of it. it was personal.? (pg 8. Chief?s Testimony) "But I know there was some hesitation about them being there and I explain to them that it wasn?t about Deputy Chief Norris. It wasn?t about Frank Amandro. . It was about Diane Hobiey?Burney and Rick Reed?. (pg. 9. Chief's Testimony) Note-Three officers (Amandro, Norris and Murray) testified that Deputy Chief Norris told them that they shouid not be there at the restaurant. HE SUNR13E CITY - ORT . 100 US Highwayl Fort Pierce, FL 34950 Tel: 772.467.3000 Fax: 772.489.0872 Q: Did the Chief of Poiice Diane Hoblev-Burney make a statement to, and gesture to Rick Reed after the Commission meeting of April 18th? A: In her interview, the Chief Hoblev-Burnev admitted to making a statement on April 18th after the Commission meeting. According to her testimony, she said "my son is looking forward to meeting you one day?. Reasoning: The Chief provided a few reasons for her statement. Excerpts: "I?m extremely protective of my family (34:48) and when found out that he was showing my son?s picture around and things such as that, that was a pretty low blow to me. And when he did this in commission, itjust further created just disrespect i felt. (pg? Chief?s Testimony) It was a statement that, when you do the afterthought shouldn?t, it should not have been made. It was one of those that, I wanted to just address the whole situation concerning my son, to just leave my son out of it. (pg. 11 Chief?s Testimony Gesture: Witnesses said Chief Hobley?Burney pointed at Mr. Reed when she made the statement, and video and still picture shots support the witnesses account regarding a pointing/ motioning gesture to Mr. Reed. Q: What was the intent of the messgge and visit to Mr. Reed? A: ln?her?interview, Police Chief Hobley-?Burnev stated that her intention was to give/send a message-(see below): Was either the statement, or the visitation to the Golden Bea r, with either one of those, did you intend to threaten intimidate or send any message to Mr. Reed? to threaten, intimidate, but there was a message, the message was to leave my family out of it. And that was a conversation that I wanted him to do and for him to respect. (pg.10 Chief?s Testimony) Q: Did Chief Hobley?Burney intentionaliv wrongfully disseminate information about a business? A: After reading the fuil text message and the recipients, there is insufficient evidence to show that the Chief Hobley~ Burney wrongfuiiy sent information about a business. The evidence indicates that the intention was to notify the leaders that there was a community meeting scheduled to discuss concerns. Other Witness testimony: Q: Did the Chief of Police, Diane Hobiey-Burnev have advanced notice that citizen Rick Reed might be mentioning personal family business (son's arrest)? 1. Special Investigator Borthland Murray said: got information that he was walking around with pictures of her son and pictures of me with my rifle and awards stuff that i had from the last department . myseif told her that you?ve got to be careful because he?s going to try to ambush you in reference to issues with your son.? HE SUNRISE CITY i PERSONNEL DEPARTMENT 1. 100 us Highwayi Fort Pierce, FL 34950 Tel: 772.467.3000 Fax: 772.489.0872 Q: Did the Chief of Police, Diane Hobiequurnev take her uniformed staff to the Golden Bear Restadrant to see Rick Reed? 1. Chief Hobley?Bumey, Deputy Chief Amandro, Deputy Chief Norris, Special Investigator Murray and Rick Reed all provided testimony that there was a visit to the Golden Bear Restaurant. Present in that visit was Chief Hobley?Burney, along with Deputy Chief Amandro and Deputy Chief Kenny Norris. 2. Deputy Chief Amandro, Deputy Chief Norris and Special Investigator Murray all provided testimony that Deputy Chief Norris questioned their reason for being there and or said they shouldn?t be there. 3. There is consensus that Mr. Reed?s presence was asked for at the restaurant. Q: Did the Chief of Police Diane Hobiev-Burnev make a statement to, and gesture to Rick Reed after the Commission meeting of April 1. Mr. Reed, Mrs. Sessions, Reverend Lee all provided testimony that they heard the Chief of Police say to Mr. Reed, ?my son?s gon get you?. 2. Reverend Lee said he heard: ?he gon get you?. 3. Deputy Chief Amandro said: don?t recall exactly what she said but it was something to the effect that you would be, you would be interested or in speaking with my son.? 4. Deputy Chief Norris saidgw "i?m pretty sure that?s what she said, was my son would like to meet you?. Gesture: Mrs. Sessions, Reverend Lee, Reverend Cash said Chief Hobley-Burney pointed at Rick Reed during the alleged statement. Findings: The investigation ?nds that Chief Hobley?Burney had been noti?ed by a number of people that an individual was showing her son?s picture and talking of his arrest, and instead of being ready to react professionally, Chief Hobley?Burney displayed a serious lack of judgement, took two uniformed high ranking of?cer subordinates with her to the individual?s place of business, during work hours to see him, and asked staff to call him, to (in her words) ?send him a message?. She said it was a ?personal? issue. The statement made on April 18th, 2016 was perceived by some of the witnesses to be a threat by the Chief of Police, when Professionalism good judgement dictated that should have been no statement at all. This of?ce finds that the conduct displayed by Fort Pierce Police Chief Hobley-Burney was improper and a violation of the City of Fort Pierce Rules and Regulations, as well as the City of Fort Pierce Police Department?s Policy and Procedure. HE SUNRISE CITY 0 . PERSONNEL DEPARTMENT I i a 100 US Highwayl Fort Pierce. FL 34950 Tel: 772.467.3000 Fax: 772.489.0872 Policies violated: CITY OF FORT PIERCE PERSONNEL RULES AND REGULATIONS 3.12 GENERAL PROHIBITIONS A. Employees are expected to conduct themselves in a manner which will in no way discredit the City, public of?cials, fellow employees, or themselves. City Rules and Regulations 10.05 Code of Conduct GROUP 1 OFFENSES INCLUDE: Discourtesy to persons with whom the employee comes in contact while in the performance of his/her duties. #13. Conducting personal business during work period. Group Offenses Threatening, intimidating, coercing or interfering with fellow employees, supervisors, or the public at any time, including the use of abusive, foul or obscene language. #28. Unlawful or improper conduct either on or off the job, which would tend to affect the employee?s relationship to his/her job, his/her fellow workers, his/her reputation or goodwill in the community. CITY OF FORT PIERCE POLICE DEPARTMENT Policy and Procedure Code of Conduct 5-Conduct Ullbecoming a. Employees will conduct themselves at all times, both on and off duty, in a manner which is in keeping with the highest standards of the law enforcement profession. b. Employees of the FPPD are prohibited from engaging in any conduct which brings the FPPD into disrepute, re?ects unfavorably upon the employee as a member of the FPPD, damages or negatively affects the reputation of any member of the FPPD, or impairs the operation or efficiency of the FPPD or any of its personnel. 23 Discourtesy a. Employees will be courteous and tactful in the performance of their duties or While representing themselves as members of the PPD. 39- City Rules and Regulations Violation Employees shall adhere to the City of Fort Pierce Rules and Regulation and not Violate and provision established in City Rules and Regulations 10.05 Code of Conduct. HE SUNRISE CITY RT PIEl?gg a a, 100 US Highwayl Fort Pierce, FL 34950 Tel: 772.467.3000 Fax: 772.489.0872 Recommendation: The conduct of Police Chief Diane Hobley-Burney with the admitted restaurant visit and the statement to the citizen after the Commission Meeting on April 18?ll is a violation of the City of Fort Pierce Rules and Regulations and the City of Fort Pierce Police Department Policy and Procedures noted earlier. The City Rules and Regulation 10.05 Code of Conduct indicate that actions that fall under these areas can have discipline that ranges up to termination. The suggested disciplinary action is suspension or termination.