IAU 2016-0023' Page 1 of 3 MOBILE POLICE DEPARTMENT ADMINISTRATIVE DISCIPLINE UNIT CHARGE SHEET Control Number: IAU 2016 - 0023 ************************************************************************************************************ TO: James H. Barber, Chief of Police DATE: November 11, 2016 NAME: Ray Robertson RANK: Lieutenant Empl #: 1905 PRECINCT OR SECTION: Precinct 4 VIOLATION OF MOBILE POLICE DEPARTMENT GENERAL ORDERS & PERSONNEL BOARD RULES. CHARGE I: General Order # 26; Section 26.1.1 RULES OF CONDUCT, 17.00 ORDERS, subsection 17.3 Issuing Improper Order: Minor Offense: Minimum Action — Remedial Training: Maximum action: Forty (40) hours suspension without pay: A supervisory member or employee shall not knowingly issue any order, verbal or written, which is in violation of any rule, regulation, or procedure of the Department. Personnel Board Rule 14.2 -- The tenure of every employee hereunder shall be during good behavior and the rendering of efficient service, but any employee may be dismissed, suspended or demoted for cause. The following are among the causes which shall be sufficient for dismissal or suspension or demotion: .(g1 incompetency or inefficiency, (l) violation of any lawful or reasonable regulations or orders made and given by a superior officer. SPECIFICATION I: Lieutenant Robertson knowingly issued a verbal order regarding the handling of shots fired complaints to his subordinate officers that was inconsistent and contradictory to the Mobile Police Department's General Orders Manual procedures for responding to such calls. CHARGE II: General Order # 26; Section 26.1.1 RULES OF CONDUCT, 6.00 CONDUCT, subsection 6.10 Neglect of Duty: Major Offense: Minimum Action - Forty (40) hours suspension without pay: Maximum action: Termination: A member or employee shall not intentionally fail to take action as required by Department rules, regulations, orders, or procedures on the occasion of a crime or any other situation requiring his attention. Personnel Board Rule 14.2 -- The tenure of every employee hereunder shall be during good behavior and the rendering of efficient service, but any employee may be dismissed, suspended or demoted for cause. The following are among the causes which shall be sufficient for dismissal or suspension or demotion: ff) neglect of duty. IAU, 2016-0023 Page 2 of 3 SPECIFICATION I: Lieutenant Robertson and his squad did not respond to at least the two calls for service cited in this investigation. Lieutenant Robertson's verbal order regarding the handling of shots fired complaints caused the failure of him and his squad to take action as required by Department orders and procedures. CHARGE III: General Order # 26; Section 26.1.1 RULES OF CONDUCT, 7.00 COMMUNICATIONS, subsection 7.3 Radio Response: Major Offense: Minimum Action - Forty (40) hours suspension without pay: Maximum action: Termination: A member or employee shall respond to any radio order directed to him without unnecessary delay and in accordance with the Department rules, regulations, orders or procedures. Personnel Board Rule 14.2 -- The tenure of every employee hereunder shall be during good behavior and the rendering of efficient service, but any employee may be dismissed, suspended or demoted for cause. The following are among the causes which shall be sufficient for dismissal or suspension or demotion: p) neglect of duty. SPECIFICATION I: Lieutenant Robertson ordered his sergeants to telephone dispatchers and screen calls for service of shots fired before they could be dispatched as governed by the Communication Unit operating procedures and Department procedures. Lieutenant Robertson's verbal order regarding the handling of shots fired complaints caused units delay in their response, or in the case of the two complaints cited in this investigation, caused units to fail to respond to the complaints at all. CHARGE IV: General Order # 26; Section 26.1.1 RULES OF CONDUCT, 26.00 SUPERVISORY ACTION, subsection 26.3 Failure to Supervise: Major Offense: Minimum Action - Forty (40) hours suspension without pay: Maximum action: Termination: A supervisor shall provide proper direction, oversight of, and guidance over his subordinates. This shall include, but is not limited to, responding to the scene of significant incidents, scheduling annual training, disseminating information and orders, and reviewing reports for accuracy and completeness in conformance with the rules, regulations, orders, and procedures of the Department. Personnel Board Rule 14.2 -- The tenure of every employee hereunder shall be during good behavior and the rendering of efficient service, but any employee may be dismissed, suspended or demoted for cause. The following are among the causes which shall be sufficient for dismissal or suspension or demotion: .(g). incompetyf . IAU 2016-0023 Page 3 of 3 SPECIFICATION I: Lieutenant Robertson knowingly issued a verbal order to his subordinates that in turn caused the violation of multiple Rules of Conduct by him and his officers as outlined in this investigation. In doing so Lieutenant Robertson's orders provided improper direction and guidance to his subordinates that conflict with the established departmental Rules of Conduct and procedures for police services. SUMMARY GENERAL DISCIPLINE HEARING COMMANDER: BY: DATE: TRIAL BOARD DISCIPLINE: CONDUCTED