•
NAPLES POLICE DEPARTMENT
PROFESSIONAL STANDARDS DIVISION

•

ADMINISTRATIVE INVESTIGATION CASE DISPOSITION

INQ #:

16-038

DATE: 09/12/2016
NAME AND RANK OF ACCUSED: Officer Charles Ankenbauer
THE COMPLAINT SUBMITTED BY: Chief Weschler DATE/TIME: 9/12/166511:40 am
INVESTIGATOR(S): Scit. Michael Herman ID#28

Staff Review
Professional Standards
Lieutenant

D Sustained
_.Exonerated

Date ?,/a.1Act( 6
Command Staff

—

Not Sustained

❑ Unfounded

2/Other ofrteer re-41601 41/3AOt 4 -

— Recommended Action:

Capt. Barkley
Date

E

Counseling

Capt. Montagano

Suspension

day(s)

Warning

❑ Reprimand

❑ Termination

Date
Chief

V Concur
Date 01 - DA (
-

Not concur

(-,

If the results of this investigation are sustained, the report will be maintained in your
personnel file, and further disciplinary action may be taken. For all other classifications,
the report will be maintained in an Internal Investigation File and not in your personnel file.

Chief of Police

Copy to Officer/Original to File
Form # form8-case disposition

Revised 09/21/2016

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CITY OF NAPLES
POLICE DEPARTMENT

MEMORANDUM NO.:
DATE: September 20, 2016
TO: INQ 16-038 Case File
FROM: Lieutenant Seth Finman
SUBJECT: Review of Administrative Investigation / INQ 16-038

I have reviewed the Administrative Investigation, INQ 16-038 conducted by Sergeant Michael
Herman. The internal complaint alleged Officer Charles Ankenbauer violated Naples Police
Department General Order 135/E-Mail and Social Media;
Section VI., A.,1. All employees shall be cautious and exercise sound judgment when
expressing opinions that could be related to the Naples Police Department.
Section VI., B., 1. Unless for legitimate law enforcement purposes, agency personnel shall not
post on a social media site while on duty.
Section VI., C., 1., c., i. Content that is unprofessional, unbecoming, or illegal, such as lewd
sexual conduct, excessive alcohol consumption or similar behaviors.
Section VI., C., 1., c., ii. Statements or other forms of speech or action that ridicule, malign,
disparage or otherwise express bias against any race, any religion, or any protected class of
individuals.
Section VI., C., 1., d. Could be reasonably interpreted as having an adverse effect upon
agency morale or discipline, operations of the agency, safety of the staff, or perception of the
public.
and
General Order 132/Disciplinary System; Ill., B., 5., i. (Group III Offense)
Immoral, unlawful or improper conduct or indecency, either on or off the job, which would tend
to affect the employee's relationship to his job, his fellow workers, his reputation or goodwill in
the community.

Naples Police Department, 355 Riverside Circle, Naples, Florida 34102 — Tel. 239-213-4890

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CITY OF NAPLES
POLICE DEPARTMENT
and
General Order 132/Disciplinary System; Ill., B., 5., s. (Group III Offense)
Chronic offender of the Code of Conduct. (Guide: Four (4) or more violations of any
departmental or city rule or regulation which result in a Disciplinary Form being issued).
Notice of Disciplinary Action Form issued on July 10, 2015, reference a one day
suspension for making discourteous statements to a citizen while towing a vehicle.
Notice of Disciplinary Action Form issued on October 20, 2013, reference a written
reprimand for disrupting a roll call meeting by making rude statements.
Notice of Disciplinary Action Form issued on December 11, 2012, reference a three day
suspension for sending an unprofessional email to all police.
Notice of Disciplinary Action Form issued on March 4, 2010, reference a one day
suspension for making false, vicious or malicious statements concerning a co-worker as well
as improper conduct on or off the job which would affect the employee's reputation or goodwill
in the community.
Notice of Disciplinary Action Form issued on December 2, 2009, reference a written
reprimand for making an inappropriate statement over police dispatch reference a terminated
pursuit.
The facts of the investigation are conclusive. Between July 14, 2016 and September 8, 2016,
Officer Charles "Chuck" Ankenbauer posted comments on Social Media that violated Naples
Police Department General Orders. Screenshots taken from Charles Ankenbauer's Facebook
account documents Ankenbauer making comments such as:
•

September 8, 2016, at 9:43 a.m., "Nice of WINK news to show a couple of the black
participants, I counted only saw 4 or 5. Sorry folks this ain't a white problem, it's a black
problem. Ya I know I'm a racist."

•

July 14, 2016, while on-duty, at 8:15 a.m., "I remember when I first started working with
the Naples PD, was patrolling in the projects, when kids ran up to my car saying hi. One
little 5 year old was saying high when his mother stepped out and yelled at him to get
away from me. Then the dad came out, and yelled "if you ever go up to the popo again I
am going to whip your ass." The fathers now dead, from the hands of another black
man, and this kid grew up, in prison now... Such a shame."

Naples Police Department, 355 Riverside Circle, Naples, Florida 34102 — Tel. 239-213-4890

 •

a

CITY OF NAPLES
POLICE DEPARTMENT
• July 14, 2016, at 3:01 p.m., Ankenbauer shares a FOX News video titled ICYMI: Watch
what happened to a Fox News correspondent when he covered a Black Lives Matter
rally in Minnesota. Ankenbauer shared the video to his profile adding the comment
"Animals."
Facts discovered during the course of the investigation indicate Officer Charles Ankenbauer
violated General Order 132/Disciplinary System; Section III., B., 5., I., General Order
132/Disciplinary System; Ill., B., 5., s., and multiple infractions of General Order 135/E-Mail
and Social Media. It is my finding that preponderance of the evidence exists to reasonably
prove the allegations that violations of departmental policies were discovered during the
course of the Administrative Investigation. The closing status should be classified as
sustained.

Naples Police Department, 355 Riverside Circle, Naples, Florida 34102 — Tel. 239-213-4890

 Imp,
ADMINISTRATIVE INVESTIGATION
```,

„

w---- 1 Case # INQ 16-038

Investigative Report
SUBJECT EMPLOYEE: Officer Charles Ankenbauer

I

INVESTIGATOR: Sergeant Michael Herman #28

Pages: 10

Introduction:
On September 9th , 2016, Chief Thomas Weschler received an e-mail from "Eli Bocio —
ebocio(&,gmail.com " with a subject of "Police officer comments." In the e-mail, Mr. Bocio
states the following;
"While reading a post on wink news facebook I saw a disturbing comment
from Charles ankenbauer. Upon click on on his page I noticed he was a
Naples police officer. I don't believe this is the standard you hold your
officers to. An officer saying its not a white problem??" (sic)
https ://m.facebook.com/stor v.php? story _Mid= 10154493489484161 &id= 2
183 78699160

"

Included with Mr. Bocio's e-mail were three screenshots of posts attributed to Charles
Ankenbauer. Mr. Bocio's e-mail was copied to Mayor Bill Barnett and City Manager Bill Moss.
This e-mail did not provide any other contact information for Mr. Eli Bocio. Chief Weschler
responded to Mr. Bocio's e-mail to inform Mr. Bocio that an investigation would take place. Mr.
Bocio did not reply to Chief Weschler's e-mail.
Chief Weschler then forwarded the e-mail, along with the attachments, to Lt. Finman on the
afternoon of September 9 th' 2016. Following a brief review of the relevant information, Chief
Weschler, who is also the complainant in this matter, instructed Professional Standards to begin
an investigation on September 12 th, 2016; the investigation was assigned to Sergeant Michael
Herman.
The screenshot that Bocio provided showed the name of Charles Ankenbauer. This was
compared to the publicly available Facebook account of Naples Police Officer Charles
Ankenbauer, ID#50. The profile pictures matched. In addition, Sergeant Herman was able to
locate the same publicly available posts that had been submitted by Mr. Bocio. As a result of

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Case # INQ 16-038

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these initial findings, the decision to notify Officer Ankenbauer of pending charges was made.
Officer Ankenbauer is charged with violations of City of Naples Policy, violations of the Naples
Police Department's General Orders relating to Social Media, and charges relating to Officer
Ankenbauer being a chronic offender, as defined by the Agency's Disciplinary System. The
specific charges are listed below, in the section: Allegations Against Officer Charles
Ankenbauer.
On September 13 th, 2016, at about 11:30 a.m., Officer Ankenbauer was instructed to report to the
Internal Affairs office to meet with Sergeant Herman. Officer Ankenbauer had Fraternal Order
of Police representative Buddy Bonollo with him when he arrived. Sergeant Herman notified
Officer Ankenbauer of the specific charges against him, and provided Officer Ankenbauer with a
written copy of the charges for his own records.
Upon notification of the charges, Officer Ankenbauer immediately offered to voluntarily retire
from the Naples Police Department, effective immediately. Officer Ankenbauer acknowledged
that posts on his personal Facebook page were very likely inappropriate and admitted they
violated General Order 135 E-Mail and Social Media. Sergeant Herman explained to Officer
Ankenbauer that the combination of inappropriate comments, along with posts which clearly
identify him as a member of the Naples Police Department, were the basis of the charges against
him.
The only explanation Officer Ankenbauer provided was that he thought he had "locked down"
his Facebook profile so that it was completely private. Sergeant Herman informed Officer
Ankenbauer that the screenshots provided, as well as additional screenshots taken by Sergeant
Herman, were from an account with permissions that would only be able to see public posts.
Following this meeting, Charles Ankenbauer formally submitted his paperwork to retire from the
City of Naples. Officer Ankenbauer stated that he did not plan to be interviewed in this matter.

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Case # INQ 16-038

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Investigation

On Monday September 12th , 2016, I was assigned to conduct an internal investigation into the
facts and circumstances surrounding the social media posts attributed to Officer Charles
Ankenbauer, ID#50. The posts in question were believed to violate Naples Police Department
policy GO 135 E-Mail and Social Media, and the City of Naples Personnel Policies (Section 19
— Conduct and Ethics Policy).

E-Mail Correspondence from Mr. Eli Bocio
On Friday September 9th , 2016, Mr. Eli Bocio sent an e-mail to Chief Thomas Weschler, with
copies sent to Mayor Bill Barnett and City Manager Bill Moss. In the e-mail, Mr. Bocio claims
that while reading posts to a WINK News Facebook post, he found a "disturbing comment from
Charles ankenbauer (sic)" and "Upon click on on his page I noticed he was a Naples police
officer (sic)."
Along with the e-mail, Mr. Bocio provided three screen shots;
1. Screenshot of Charles Ankenbauer commenting on an unidentified Facebook post. The
comment states: "Nice of WINK news to show a couple of the black participants, I
counted only saw 4 or 5... Sorry folks this ain't a white problem, it's a black problem. Ya
I know I'm a racist (sic)." The time stamp on the screenshot simply states (Yesterday at
9:43 a.m.).
2. Screenshot from Charles Ankenbauer's Facebook profile dated July 14 th, 2016, at 3:01
p.m. In the post, Charles Ankenbauer shares a Fox News video titled "ICYMI: Watch
what happened to a Fox News correspondent when he covered a Black Lives Matter rally
in Minnesota." Charles Ankenbauer shared the video to his profile adding the comment
"Animals..."
3. Screenshot from Charles Ankenbauer's Facebook profile dated July 14 th, 2016, at 8:15
a.m. In this post, Charles Ankenbauer is sharing a Facebook post from a K-9 Officer
related Facebook page which links to a story about a small child giving a police officer
"the finger." Along with sharing the story to his Facebook profile, Officer Ankenbauer
adds the comment:
"I remember when I first started working with the Naples PD, was
patrolling in the projects, when kids ran up to my car saying hi.
One little 5 year old was saying high when his mother stepped out

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Case # INQ 16-038

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and yelled at him to get away from me. Then the dad came out,

and yelled "if you ever go up to the popo again I am going to whip
your ass.
The fathers now dead, from the hands of another black man, and
this kid grew up, in prison now... Such a shame."

Review of WINK News Story where Officer Ankenbauer first posted a reply
I located the September 8 th, 2016, WINK News story where Mr. Bocio first encountered Officer
Ankenbauer's comment. I then took a screen shot of the post comment left by Charles
Ankenbauer, and determined he left the comment on September 8 th, 2016, at 8:43 a.m., Officer
Ankenbauer left a comment on a WINK News story concerning a church service that was held in
Fort Myers, Florida, in response to recent shooting incidents in that city. The story specifically
mentions the multiple victims shooting at Club Blu and the as yet unsolved homicide at the
ZombieCon event.

Review of Officer Ankenbauer's publicly available Facebook posts
In order to verify the accuracy of the provided screenshots, I went to Charles Ankenbauer's
Facebook profile in order to determine the nature of the content that is publicly available. Upon
viewing the profile, I was able to verify the same content that Mr. Bocio originally provided. In
addition, there was publicly available content which further violated General Order 135 E-Mail

and Social Media, and the City of Naples Personnel Policies (Section 19 — Conduct and Ethics
Policy).
1. On July 14th, 2016, as described above, Officer Ankenbauer shared a story to his profile
of a small child who was seen giving the middle finger to a police officer. Along with
sharing the story, Officer Ankenbauer wrote about the incident years earlier of the small
child who ran to his patrol car as he patrolled "the projects" and the child's parents
yelling at the child to stay away from the police. In this post, Officer Ankenbauer
references "when I first started with the Naples PD."
2. On July 14th , 2016, as described above, Officer Ankenbauer shared a Fox News video to
his profile, which detailed an altercation between Black Lives Matters protestors and a
Fox News correspondent. Officer Ankenbauer's added commentary to the shared video
was "Animals..."

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Case # INQ 16-038

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3. On July 23, 2016, Officer Ankenbauer posted a photograph of himself, in his issued
Naples Police Department Marine Patrol uniform, operating a boat near the Naples Pier.
The photo caption is "Pier clean up event." It is not known what time the photograph
was posted to his profile, but the Pier Clean Up event took place on July 23, 2016.
Comparison of Facebook posts to on-duty time

In addition to the content of the social media posts mentioned above, I looked into the time the
posts were completed and compared them to Officer Ankenbauer's work schedule for the dates
and times in question. The Facebook posts Officer Ankenbauer made to his personal Facebook
profile simply indicate a date, but no corresponding time. Therefore, it is not possible to
determine whether these posts occurred while Officer Ankenbauer was on-duty or off-duty.
However, the comment Officer Ankenbauer made on the WINK News Facebook story does
include a time and date stamp. This comment was posted on September 8, 2016, at 9:43 a.m. A
check of the TeleStaff scheduling software shows that Officer Ankenbauer was on-duty on
Thursday, September 8, 2016, from 7 a.m. — 3 p.m. In addition, there is no indication in the
Agency's Computer Aided Dispatch (CAD) system that Officer Ankenbauer went off-duty or
otherwise went out of service at the time the comment was posted to the WINK News Facebook
page. CAD entries indicate Officer Ankenbauer was on a directed patrol at 9:25 a.m., and then
responded to an animal related call at 9:50 a.m.
Allegations against Officer Charles Ankenbauer
1. City of Naples Personnel Policies and Procedures Manual/Section 19 — Employee
Conduct/Ethics;
"City employees are expected to maintain high standards of conduct and to conduct
themselves in a manner which positively reflects on themselves, co-workers, supervisors,
administrators, elected officials, and the City's reputation."
2. General Order 135/E-Mail and Social Media;
a) VI., A., 1. : All employees shall be cautious and exercise sound judgment when
expressing opinions that could be related to the Naples Police Department.
b) VI., B., 1.: Unless for legitimate law enforcement purposes, agency personnel shall
not post on a social media site while on duty.
c) VI., C., 1., c., : Content that is unprofessional, unbecoming, or illegal, such as lewd
sexual conduct, excessive alcohol consumption or similar behaviors.

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: Statements or other forms of speech or action that ridicule, malign,
d) VI., C., 1., c.,
disparage or otherwise express bias against any race, any religion, or any protected class
of individuals.
e) VI., C., 1., d. : Could be reasonably interpreted as having an adverse effect upon agency
morale or discipline, operations of the agency, safety of the staff, or perception of the
public.
3. General Order 132/Disciplinary System; III., B., 5., i. (Group III Offense)
Immoral, unlawful or improper conduct or indecency, either on or off the job, which would
tend to affect the employee's relationship to his job, his fellow workers, his reputation or
goodwill in the community.
4. General Order 132/Disciplinary System; III., B., 5., s. (Group III Offense)
Chronic offender of the Code of Conduct. (Guide: Four (4) or more violations of any
departmental or city rule or regulation which result in a Disciplinary Form being issued).
- Notice of Disciplinary Action Form issued on July 10, 2015 reference a one day
suspension for making discourteous statements to a citizen while towing a vehicle.
Notice of Disciplinary Action Form issued on October 20, 2013 reference a written
reprimand for disrupting a roll call meeting by making rude statements.
Notice of Disciplinary Action Form issued on December 11, 2012 reference a three day
suspension for sending an unprofessional email to all police.
Notice of Disciplinary Action Form issued on March 4, 2010 reference a one day
suspension for making false, vicious or malicious statements concerning a co-worker as
well as improper conduct on or off the job which would affect the employee's reputation
or goodwill in the community.
Notice of Disciplinary Action Form issued on December 2, 2009 reference a written
reprimand for making an inappropriate statement over police dispatch reference a
terminated pursuit.

Interviews
Officer Charles Ankenbauer, ID #50 (Subject)
Upon being notified of the allegations against him, Officer Charles Ankenbauer immediately
offered his resignation from the Naples Police Department, which was accepted. Officer
Ankenbauer acknowledged the inappropriate nature of his social media posts but stated he did
not wish to be interviewed for this investigation. Officer Ankenbauer simply added that he
thought he had set his Facebook settings to private, he had no idea any posts he put on his page
would be visible to people he was not Facebook friends with.

Mr. Eli Bocio (Original Reporter)
Mr. Bocio has not responded to e-mail correspondence from Chief Weschler, although it was Mr.
Bocio who initially reported the social media posts. The investigation was able to independently

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Case # INQ 16-038

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corroborate the exact same content. Therefore, it was not necessary to interview Mr. Bocio in
this matter.

Supplemental Information
Following the initial e-mail from Mr. Eli Bocio, Chief Weschler replied to the correspondence
assuring Mr. Bocio that an investigation take place. This e-mail from Chief Weschler was sent
on September 9th, 2016, at 2:53 p.m., Mr. Bocio did not reply to Chief Weschler's e-mail.
On September 13 th, 2016, at 3:08 p.m., Chief Weschler again contacted Mr. Bocio by e-mail to
inform Mr. Bocio that Office Ankenbauer had retired from the department. Mr. Bocio has not
replied to this contact either.

Policies Reviewed
1. City of Naples Personnel Policies and Procedures Manual/Section 19 — Employee
Conduct/Ethics;
"City employees are expected to maintain high standards of conduct and to conduct
themselves in a manner which positively reflects on themselves, co-workers, supervisors,
administrators, elected officials, and the City's reputation."

2. General Order 135/E-Mail and Social Media;
f) VI., A., 1.: All employees shall be cautious and exercise sound judgment when
expressing opinions that could be related to the Naples Police Department.
Unless for legitimate law enforcement purposes, agency personnel shall
not post on a social media site while on duty.
h) VI., C., 1., c., i. : Content that is unprofessional, unbecoming, or illegal, such as lewd
sexual conduct, excessive alcohol consumption or similar behaviors.
i) VI., C., 1., c., ii. : Statements or other forms of speech or action that ridicule, malign,
disparage or otherwise express bias against any race, any religion, or any protected class
of individuals.
j) VI., C., 1., d. : Could be reasonably interpreted as having an adverse effect upon agency
morale or discipline, operations of the agency, safety of the staff, or perception of the
public.

g) VI., B., 1.:

3. General Order 132/Disciplinary System; III., B., 5., i. (Group III Offense)
Immoral, unlawful or improper conduct or indecency, either on or off the job, which would
tend to affect the employee's relationship to his job, his fellow workers, his reputation or
goodwill in the community.

4. General Order 132/Disciplinary System; III., B., 5., s. (Group III Offense)
Chronic offender of the Code of Conduct. (Guide: Four (4) or more violations of any

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departmental or city rule or regulation which result in a Disciplinary Form being issued).
- Notice of Disciplinary Action Form issued on July 10, 2015 reference a one day
suspension for making discourteous statements to a citizen while towing a vehicle.
Notice of Disciplinary Action Form issued on October 20, 2013 reference a written
reprimand for disrupting a roll call meeting by making rude statements.
Notice of Disciplinary Action Form issued on December 11, 2012 reference a three day
suspension for sending an unprofessional email to all police.
Notice of Disciplinary Action Form issued on March 4, 2010 reference a one day
suspension for making false, vicious or malicious statements concerning a co-worker as
well as improper conduct on or off the job which would affect the employee's reputation
or goodwill in the community.
Notice of Disciplinary Action Form issued on December 2, 2009 reference a written
reprimand for making an inappropriate statement over police dispatch reference a
terminated pursuit.

Summation
Officer Charles Ankenbauer
While on duty on September 8 th , 2016, at about 9:43 a.m., Naples Police Officer Charles
Ankenbauer posted a personal comment to a story on the WINK News Facebook page. The
story discussed a prayer vigil occurring in Fort Myers, Florida in relation to recent acts of
violence. Officer Ankenbauer's comment: "Nice of WINK news to show a couple of the black
participants, I counted only saw 4 or 5... Sorry folks this ain't a white problem, it's a black
problem. Ya I know I'm a racist (sic)," was observed by Mr. Eli Bocio.

Due to his disapproval of this comment, Mr. Bocio clicked on the Facebook profile link for
Charles Ankenbauer. Based on publicly available content on this Facebook profile, Mr. Bocio
determined that Charles Ankenbauer was employed as a police officer by the Naples Police
Department. As a result of this discovery, Mr. Bocio forwarded screenshots to Chief Thomas
Weschler, City Manager Bill Moss, and Mayor Bill Barnett. Mr. Bocio included the comment:
"While reading a post on wink news facebook I saw a disturbing comment from Charles
ankenbauer. Upon click on on his page I noticed he was a Naples police officer. I don't believe
this is the standard you hold your officers to. An officer saying its not a white problem??(sic)"

It was verified that the comments were that of Officer Charles Ankenbauerb ID#50. Based on
the nature of this and other publicly available social media content on his Facebook page, Officer
Ankenbauer was notified of the allegations against him. Officer Ankenbauer immediately

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offered to retire from the Naples Police Department, which was accepted by Chief Weschler.

Conclusions
1. Pursuant to City to Naples Personnel Policies and Procedures, Section 19 (Employee
Conduct/Ethics) employees "are expected to maintain high standards of conduct and to
conduct themselves in a manner which positively reflects on themselves, co-workers,
supervisors, administrators, elected officials, and the City's reputation."
Officer Ankenbauer's admittedly inappropriate social media posts negatively reflected on
the Naples Police Department, and the City of Naples as a whole.

General Order 135 — E-Mail and Social Media:

2. Officer Ankenbauer's admittedly inappropriate social media posts, in conjunction with
content identifying him as a Naples Police Officer, and posting personal content during onduty hours, violate multiple sections of the agency's E-Mail and Social Media policy.
a. VI., A., 1.: All employees shall be cautious and exercise sound judgment when
expressing opinions that could be related to the Naples Police Department.
b. VI., B., 1. : Unless for legitimate law enforcement purposes, agency personnel shall
not post on a social media site while on duty.
c. VI., C., 1., c., : Content that is unprofessional, unbecoming, or illegal, such as lewd
sexual conduct, excessive alcohol consumption or similar behaviors.
d. VI., C., 1., c., ii.: Statements or other forms of speech or action that ridicule, malign,
disparage or otherwise express bias against any race, any religion, or any protected
class of individuals.
e. VI., C., 1., d. : Could be reasonably interpreted as having an adverse effect upon
agency morale or discipline, operations of the agency, safety of the staff, or
perception of the public.
3. Officer Ankenbauer's online comments, in conjunction with the publicly available
identification of him as a Naples Police Department, serve to damage his personal
reputation, as well as that of the agency within the community as a whole.
a. General Order 132/Disciplinary System; III., B., 5., i. (Group III Offense)
Immoral, unlawful or improper conduct or indecency, either on or off the job, which
would tend to affect the employee's relationship to his job, his fellow workers, his
reputation or goodwill in the community.

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4. Chronic Offender of the Code of Conduct; defined as four or more violations of any
departmental or city rules which result in a Disciplinary Form being issued. Officer
Ankenbauer has had five prior Disciplinary Action Forms issued to him since 2009.

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 of the rights contained in s. 112.532 and
112.533, Florida Statutes.

2r
Sergeant Michael S. Herman #28
Internal Affairs Investigator

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