·' THE SUNR I SE C I TY /~ \ EMPLOYEE I ,~ORT PIE~] NOTICE OF DISCIPLINARY ACTION Date of Notice 7/18/16 Department Police Employee Diane Hobley-Burney Employee# 8713 Position Chief of Police VIOLATION Date of Violation Various Type ofVioiation Code of Conduct Violation SUPEBVJSOB/DEPABTMENT BEAD'S STATEMENT (Add additional page if necessary) Upon review of an administrative investigation initiated by allegations of threatening and intimidating behavior, it has come to my attention that code of conduct violations have been committed by Diane Hobley-Burney necessitating disciplinary action. Subsequently, it has been found that documentation was erroneously forwarded to the Florida Department of Law Enforcement without appropriate authorization from the City Manager's Office regarding the employment status of a City of Fort Pierce employee. Due to code of conduct violations identified in the attached investigative report and the aforementioned action resulting in the loss of productivity, a suspension is issued to Hobley-Burney for a period of five (5) days beginning July 18, 2016 and ending July 22, 2016. ORAL DATE 6/17/16 WRITTEN n Pl n D D n D D SUPERVISOR/DEPARTMENT HEAD City Manager, Nicholas C. Mimms OTHER n DISCIPLINARY ACTION TAKEN Action Suspension PLAN FOB IMPROVEMENT (Add additional page if necessary) See additional page . (Performance Improvement Plan) TIMETABLE FOB IMPROVEMENT Ll immediate 30 Days 0 60 Days (Zl other lThree (3) month period for plan implementation CONSEQUENCES O:F :FURTHER INCIDENTS 0 1mmediate I_ 130 Days I 160 Days !Zlother .--ID-is_c_i-pl-in-e-up-to_a_n_d-in_c_lu_d_i_n_g-te_r_m_i_n-at-io_n_ _ _ _ _ _ __, Your signature aclmowledges the receipt of this Disciplinary Action Notice only. It does not mean that you agree the violation occurred. You have the right to appeal this disciplinary action as provided by Section 24 of the City of Fort Pierce Personnel Rules and Regulations or a collective bargaining agreement, if applicable. ClEmployee declin d to sign this form IXJ1 have read this Notice of Dis plinary Action 7-l~-•v Date Date THE SUNRISE CITY I I EORTPIE~ \ EMPLOYEE I PERFORMANCE IMPROVEMENT PLAN Diane Hobley-Burney Employee# 8713 Position Chief of Police Date of Plan Employee Department 7/18/16 Police The following performance improvement plan is designed to clarify performance expectations. It is a supplement to, not a replacement for, the Chief of Police job description. You are expected to immediately demonstrate the performance expectations that are listed below. To facilitate sustained improvement, your performance will be evaluated in writing · on a weekly basis for the next three (3) months with an overall assessment after October 17, 2016. This plan may be modified as necessary during this period, depending on your progress. Area of Improvement Performance Objective Professional Development Schedule education and/or training with emphasis on delegation, prioritization, effective communication, leadership and goal setting. Attend all City of Fort Pierce provided supervisory and management training. Communication Meet with the City Manager on a weekly basis to provide information on activities and operations. Provide immediate updates to the City Manager on all Police Department complaints. Recruitment and Retention Produce viable recruitment and retention plan that includes strategies for recruiting new police officers from a diverse field, and retaining existing police officers while identifying recommended solutions to improve financial compensation, working environment, and employee morale Employee Training Schedule diversity, sensitivity, strategic, tactical, and operational training for all employees of the Police Department in order to enhance service delivery to the community. I acknowledge these ~ Comments & Current Status rformance issues and agr e to participate in this Performance Improvement Plan. 1 ·-IB·llo 1-•'i-l~ Date Date PERSONNEL DEPARTMENT 100 N US Highway 1 Fort Pierce, FL 34950 Tel: 772.467.3000 Fax: 772.489.0872 www.cityoffortpierce.com TO: Nick Mimms, City Manager FROM: Kevin E. Browning, HR Manager · f~ SUBJECT: Complaint Against Police Chief Diane Robley-Burney DATE: June 29, 2016 Attached is the completed investigation into allegations of misconduct filed by citizen Rick Reed against the City of Fort Pierce Police Chief Diane Robley-Burney. The investigation was conducted in accordance with City Rules and Regulations. Attachment: City of Fort Pierce Human Resources Investigation (transcribed verbatim), arid voice recorded interviews. - c; c<:: n R - · -J ~E D TIME_ ._ _ __ _ JUL 0 6 2016 1 CITY OF FT. PIERCE CITY MA~ ! P.C'.:R'~ ~ f FICE PERSONNEL DEPARTMENT 100 N US Highway 1 Fort Pierce, FL 34950 Tel: 772.467.3000 Fax: 772.489.0872 www.cityoffortpierce.com 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, the HR Manager conducted an investigation and the following individuals were interviewed: 1. 2. 3. 4. 5. 6. 7. 8. Mr. Rick Reed Reverend John Lee Reverend Robert Lee Cash Mrs. Caroline Sessions Special Investigator Borthland Murray Deputy Chief Kenny Norris Deputy Chief Frank Amandro Police Chief Diane Hobley-Bumey May 8, 2016 May 17, 2016 May 17, 2016 May 19, 2016 May 23, 2016 May 24·2016 May 24, 2016 June 21, 2016 2 PERSONNEL DEPARTMENT 100 N US Highway 1 Fort Pierce, FL 34950 Tel: 772.467.3'()00 Fax: 772.489.0872 www.cityoffortpierce.com FIVE MAJOR QUESTIONS I ISSUES TO BE ANSWERED: 1. Question: Did Chief Diane Robley-Burney have advanced notice that citizen Rick Reed might be mentioning her son's arrest? Answer: According to the witnesses and the Chief, she was advised/notified by a number of people of attempts to share information about her son's arrest before she made the visit to the Golden Bear on April 5 and before an alleged statement to Rick Reed regarding her son on April 18. Notifications came from Deputy Chief Norris, Officer Murray, and Deputy Chief Amandro. The Chiefs verbatim testimony follows: "It 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 Christman." (from page 5 of Chiefs testimony) "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." (from page 7 of Chiefs Testimony) 2. Question: Did the Chief Diane Robley-Burney take her uniformed staff to the Golden Bear Restaurant to see Rick Reed? Answer: The Chief did make a visit to the Golden Bear Restaurant on April 5, 2016. All three, Robley-Burney, Norris and Amandro, 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 woman about things and I 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 I am very protective of my family and I think that's just the right and respectful thing to do. I think it's, it is low and just disrespectful to bring a family 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 family into anything. I 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". (page 7 of Chiefs Testimony) "That's the whole thing, it didn't involve them. It was personal. It was about me having a conversation with Rick Reed.(45:26) It wasn't about any other business of Fort Pierce. It was the business and Diane Robley- Burney and Rick Reed. That was personal. Just leave my family out of it. It was personal." (page 8 of Chiefs Testimony) "But I know there was some hesitation about them being there and I explain to them that it wasn't about Deputy Chief N01Tis. It wasn't about Frank Amandro .. It was about Diane Robley-Burney and Rick Reed". (page 9 of Chiefs Testimony) Note: Three officers (Amandro, N01Tis and Murray) testified that Deputy Chief Norris told them that they should not be there at the restaurant. 3 PERSONNEL DEPARTMENT 100 N US Highway 1 Fort Pierce, FL 34950 Tel: 772.467.3000 Fax: 772.489.0872 www.cityoffortpierce.com 3. Question: Did the Chief Diane Robley-Burney make a statement and gesture to Rick Reed after the Commission meeting of April 181h? Answer: In her interview, Chief Robley-Burney 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 follows: "I'm extremely protective of my family (34:48) and when I 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, it just further created just disrespect I felt. (page 7 Chiefs 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. (page 11 Chiefs Testimony Gesture: Witnesses said Chief Robley-Burney pointed at Mr. Reed when she made the statement, and video and still picture shots support the witnesses account regarding a pointing I motioning gesture to Mr. Reed. 4. Question: What was the intent of the message and visit to Mr. Reed? Answer: In her interview, Chief Robley-Burney stated that her intention was to give/send a message (see Chiefs quote below): BROWNING: Was either the statement or the visitation to the Golden Bear with either one of those, did you intend to threaten, intimidate or send any message to Mr. Reed? CHIEF: Not 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. (page 10 Chiefs Testimony) 5. Question: Did Chief Robley-Burney intentionally wrongfully disseminate information about a business? Answer: After reading the full text message and the recipients, there is insufficient evidence to show that the Chief Robley-Burney wrongfully 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. TESTIMONY FROM OTHER WITNESSES: Question: Did Chief Diane Robley-Burney have advanced notice that citizen Rick Reed might be mentioning her son's arrest? Answer: Special Investigator Borthland Munay said, "I 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. I myself 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." 4 PERSONNEL DEPARTMENT 100 N US Highway 1 Fort Pierce, FL 34950 Tel: 772.467.3000 Fax: 772.489.0872 www.cityoffortpierce.com Question: Did the Chief Diane Robley-Burney take her uniformed staff to the Golden Bear Restaurant to see Rick Reed? Answers: 1. Chief Robley-Burney, Deputy Chief Amandro, Deputy ChiefNonis, Special Investigator Munay and Rick Reed all provided testimony that there was a visit to the Golden Bear Restaurant. Present in that visit was Chief Robley-Burney, along with Deputy Chief Amandro and Deputy Chief Kenny Nonis. 2. Deputy Chief Amandro, Deputy ChiefNonis and Special Investigator Murray all provided testimony that Deputy ChiefNonis 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. Question: Did Chief Diane Robley-Burney make a statement and gesture to Rick Reed after the Commission · meeting of April 18th? 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, "I 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 saidL"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-Bumey pointed at Rick Reed during the alleged statement. Findings: The investigation finds that Chief Robley-Burney had been notified by a number of people that an individual was showing her son's picture and talking of his anest, and instead of being ready to react professionally, Chief Robley-Burney displayed a serious lack of judgement, took two uniformed high-ranking officer 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 18, 2016 was perceived by some of the witnesses to be a threat by the Chief of Police, when professionalism and good judgement dictated that there should have been no statement at all. This office finds that the conduct displayed by Fort Pierce Police Chief Diane Robley-Burney was improper and a violation of the City of Fort Pierce Personnel Rules and Regulations, as well as the City of Fort Pierce Police Department's Policy and Procedure. 5 PERSONNEL DEPARTMENT 100 N US Highway 1 Fort Pierce, FL 34950 Tel: 772.467.3000 Fax: 772.489.0872 www.cityoffortpierce.com 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 officials, fellow employees, or themselves. 10.05 CODE OF CONDUCT Group I Offenses: 5. 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 III Offenses: 3. 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 Unbecoming 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, reflects 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 FPPD. 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. 6 PERSONNEL DEPARTMENT 100 N US Highway 1 Fort Pierce, FL 34950 Tel: 772.467.3000 Fax: 772.489.0872 www.cityoffortpierce.com RECOMMENDATION: The conduct of Police Chief Diane Robley-Burney, with the admitted restaurant visit and the statement to the citizen after the Commission Meeting on April 18, 2016, is a violation of the City ofF01i Pierce Rules and Regulations and the City of Fort Pierce Police Department Policy and Procedure noted earlier. The City retains the sole right to discipline, suspend, and discharge employees for just cause. Chief's Contract: Robley-Burney is an employee-at-will, and shall be under the supervision of the City Manager and she will perform such services as will be required of her by the City Manager and the laws of the City ofF01i Pierce and State of Florida in the administration of the Police Department. The suggested discipline for the actions and violations found in this investigation is suspension up to, and including te1mination. 7 , 1 .I ; ' OFFICE OF THE ~tat£ J\ttnrn£1J NINETEENTH JUDICIAL CIRCUIT OF FLORIDA SERVING INDIAN RIVER, MARTIN, OKEECHOBEE AND ST. LUCIE COUNTIES Bruce H. Colton State Attorney July 14, 2016 411 South Second Street Fort Pierce, Florida 34950 (772) 465-3000 Fax: (772) 462-1214 Nicholas C. Mimms City Manager 100 N. US Highway 1 Ft. Pierce, Fl. 34950 Dear Mr. Mimms: At our meeting on July 6, you provided me with a packet containing documents which alleged wrongdoing and mismanagement by Police Chief Diane Robley-Burney, and requested that the State Attorney's Office review the information to determine what if any criminal laws have been violated. My office has completed its review, and based upon the materials provided, we find no criminal violations by Chief Robley-Burney. The bulk of the materials provided are statements regarding an alleged threat made by the Chief to Rick Reed. The only crime which would possibly apply is Assault. Florida Statute 784.011 defmes Assault as follows: "An assault is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent." The incident in question took place in a courtyard outside the City Commission chambers as people were leaving a meeting on April 18, 2016. The allegation is that the Chief directed a threat at Mr. Reed. However, there are conflicts between the witnesses as to what was said by the Chief, there was not an apparent ability to carry out the threat at that time, and Mr. Reed stated that he was not placed in fear that violence was imminent. Therefore an assault did not take place. The remaining allegations are contained in a letter to the City Commission and you from Borthland Murray, dated July 1, 2016. One of those is that a police officer had filed a false Worker's Compensation claim. This is a matter that could and should be investigated by the Police Depaitment and/or the City's Human Resources Department. If it is determined that a false claim was knowingly filed, appropriate action can be taken, including a request for prosecution. Mr. Murray alleges that a police officer violated a citizen's civil rights. This allegation should be investigated by the police department, and if sustained, appropriate action can be taken including refenal to the US Department of Justice. •' Nicholas C. Mimms July 14, 2016 Page 2 Allegations by Mr. Munay that the Chief ordered criminal investigations of a City Councilman and Mr. Reed, and that she knew of a corruption charge against the City Manager are internal issues which, based upon the information provided, do not rise to the level of criminal wrongdoing. If you have any questions or wish to discuss this matter further, please do not hesitate to contact me. u BRUCE H. COLTON State Attorney BHC/cp