Filing # 65135549 E-Filed 12/08/2017 09:07:13 AM ATTENTION EMERGENCY RESPONDERS Guidance on Emergency Responder Personal Protective Equipment (PPE) for Response to CBRN Terrorism Incidents DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention National I nstitute for Occupational S afety and Health Exhibit A ATTENTION EMERGENCY RESPONDERS Guidance on Emergency Responder Personal Protective Equipment (PPE) for Response to CBRN Terrorism Incidents DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention National Institute for Occupational Safety and Health This document is in the public domain and may be freely copied or reprinted. Disclaimer Mention of any company or product does not constitute endorsement by the National Institute for Occupational Safety and Health (NIOSH). In addition, citations to Web sites external to NIOSH do not constitute NIOSH endorsement of the sponsoring organizations or their programs or products. Furthermore, NIOSH is not responsible for the content of these Web sites. This guidance document is NIOSH’s interpretation of OSHA standards; not an official OSHA interpretation. Ordering Information To receive documents or other information about occupational safety and health topics, contact NIOSH at Telephone: 1–800–CDC–INFO (1–800–232–4636) TTY: 1–888–232–6348 E-mail: cdcinfo@cdc.gov or visit the NIOSH Web site at www.cdc.gov/niosh. For a monthly update on news at NIOSH, subscribe to NIOSH eNews by visiting www.cdc.gov/niosh/eNews. DHHS (NIOSH) Publication No. 2008–132 June 2008 Safer • Healthier • PeopleTM ii Acknowledgments This document was prepared by the staff of the National Institute for Occupational Safety and Health (NIOSH) with input from the Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), and the National Fire Protection Association (NFPA). Les Boord, Director, NIOSH National Personal Protective Technology Laboratory (NPPTL) had overall responsibility for the document. William Haskell (NIOSH) was the project director. The following contributors are acknowledged: John Decker (NIOSH), Nadia ElAyouby (NIOSH), Debra Flagg (EPA), Robert Koedam (NIOSH), Andrew Levinson (OSHA), Angie Shepherd (NIOSH), Judi Coyne (NIOSH) and Bruce Teele (NFPA). The members of the InterAgency Board (IAB)—Personal Protective & Operational Equipment (PP&OE) Subgroup are acknowledged for their expertise and guidance in the development of this document. The Department of Homeland Security (DHS) and the National Institute of Standards and Technology (NIST) are acknowledged for endorsing the need for this document to aid emergency responders. Vanessa Becks provided editorial support and contributed to the design, graphics, and layout of this document. iii Purpose This guidance document provides local, State and Federal emergency response entities with comparison information on the Occupational Safety and Health Administration/ Environmental Protection Agency (OSHA/EPA) Protection Levels A, B, and C to Department of Homeland Security (DHS) adopted Personal Protective Equipment (PPE) performance based standards for response to terrorism incidents involving Chemical, Biological, Radiological, and Nuclear (CBRN) hazards Definitions CBRN: An abbreviation for chemicals, biological agents, and radiological particulate hazards. CBRN terrorism agents: Chemicals, biological agents, and radiological particulates that could be potentially released as an act of terrorism. (See Chemical Terrorism Agents, Biological Terrorism Agents, Radiological Particulate Terrorism Agents). Chemical terrorism agents: Liquid, solid, gaseous, and vapor chemical warfare agents and industrial chemicals used to inflict lethal or incapacitating casualties as a result of a terrorist attack. Biological terrorism agents: Liquid or particulate agents that can consist of a biologically-derived toxin or pathogen used to inflict lethal or incapacitating causalities as a result of a terrorist attack. Radiological particulate terrorism agents: Particles that emit ionizing radiation in excess of normal background levels, used to inflict lethal or incapacitating casualties as a result of terrorist attack. Background Proper selection of PPE for individual responders must be based upon a careful assessment of two factors: (1) the hazards anticipated to be present, or are present at the scene and (2) the probable impact of those hazards, based upon the mission role of the individual. The emergency responder must be provided with appropriate respiratory and dermal protection from suspect or known CBRN hazards. The amount of protection required is material and hazard specific. Physical and durability properties for PPE must meet or exceed minimum requirements for operations at a CBRN terrorism incident scene. The selection of appropriate PPE is the responsibility of the Incident 1 Commander and/or the on-scene Safety Officer. A written personal protective equipment program must be established in accordance with the Hazardous Waste Operations and Emergency Response Standard (HAZWOPER), Title 29, Code of Federal Regulations (CFR), Part 1910.120. Appendix B of the HAZWOPER standard defines the OSHA/EPA Protection Levels A, B, and C as follows: ■■ Level A—To be selected where the hazards are unknown or unquantifiable or when the greatest level of skin, respiratory and eye protection is required ■■ Level B—The highest level of respiratory protection is necessary but a lesser level of skin protection is needed ■■ Level C—The concentration(s) and type(s) of airborne substances is known and the criteria for using air-purifying respirators are met However, the description of these levels do not specify minimum performance criteria of protective clothing and respirators required for specific threats, such as chemical permeation resistance and the contaminants’ physical properties and characteristics. The use of these general “levels” of protection does not assure that the wearer is adequately protected from CBRN specific hazards. The HAZWOPER standard itself states that the generic descriptions of the equipment do not fully address the performance of PPE in relationship to specific needs. Relying solely on PPE being marketed on the basis of OSHA/EPA PPE levels could result in exposure levels above acceptable limits, or an unnecessary reduction in operational effectiveness through lack of mobility, decreased dexterity, or reduced operational mission duration. Currently, no single personal protective ensemble can protect the wearer from exposure to all hazards. It is important that the appropriate combination of respirator, protective ensemble and other equipment be selected based on a conclusive hazard assessment at the scene. This guidance document provides information on NIOSH CBRN respirator standards and NFPA protective ensembles standards that establish minimum performance requirements for PPE for use in CBRN terrorism incident response. Personal Protective Equipment Performance Standards NIOSH CBRN Respirator Performance Standards The National Institute for Occupational Safety and Health (NIOSH) has developed performance appropriate standards and test procedures for all classes of respirators 2 that will provide respiratory protection from chemical, biological, radiological and nuclear (CBRN) agent inhalation hazards. These NIOSH CBRN respirator standards can be accessed at www.cdc.gov/niosh/npptl/standardsdev/cbrn/. NIOSH Statement of Standard for CBRN Open-Circuit Self-Contained Breathing Apparatus (SCBA) The purpose of this standard is to specify minimum requirements to determine the effectiveness of open-circuit, positive-pressure self-contained breathing apparatus (SCBA) used during entry into a CBRN atmospheres at or above Immediately Dangerous to Life or Health (IDLH), or entry into unknown atmospheres. ■■ Approval under NIOSH 42 CFR Part 84, Subpart H ■■ Compliance with NFPA 1981 Standard on Open-Circuit Self-Contained Breathing Apparatus for Emergency Services ■■ Special Tests under NIOSH 42 CFR 84.63(c) 1. Chemical Agent Permeation and Penetration Resistance Against Distilled Sulfur Mustard (HD) and Sarin (GB) 2. Laboratory Respirator Protection Level (LRPL) NIOSH Statement of Standard for CBRN Full Facepiece Air-Purifying Respirator (APR) The purpose of this standard is to specify minimum requirements to determine the effectiveness of full facepiece air-purifying respirators (APR) used during entry into CBRN atmospheres not Immediately Dangerous to Life or Health (IDLH). NIOSH Statement of Standard for CBRN Power Air-Purifying Respirators (PAPR) The purpose of this standard is to specify minimum requirements to determine the effectiveness of tight-fitting and loose-fitting power air-purifying respirators (PAPR) used during entry into a CBRN atmosphere not Immediately Dangerous to Life or Health (IDLH). The National Institute for Occupational Safety and Health (NIOSH), under the authorization of the Occupational Safety and Health Act of 1970, provides a testing approval and certification program assuring commercial availability of safe respiratory protective devices. The NIOSH Certified Equipment List (CEL) is available in an internet searchable format at www.cdc.gov/niosh/npptl/topics/respirators/CEL/default.html. 3 National Fire Protection Association (NFPA) Protective Clothing and Equipment Performance Standards NFPA 1991 Standard on Vapor-Protective Ensembles for Hazardous Materials Emergencies, 2005 Edition The purpose of this standard is to establish a minimum level of protection for emergency response personnel against adverse vapor, liquid-splash, and particulate environments during hazardous materials incidents and from specific chemical and biological terrorism agents in vapor, liquid-splash, and particulate environments during CBRN terrorism incidents. The ensemble totally encapsulates the wearer and selfcontained breathing apparatus (SCBA). NFPA 1994 Standard on Protective Ensembles for First Responders to CBRN Terrorism Incidents, 2007 Edition NFPA 1994 sets performance requirements for protective ensembles used in response to CBRN terrorism incidents. The standard defines three (3) classes of ensembles (Class 2, 3, and 4) based on the protection required for different hazard types (vapors, liquids, and particulates) and airborne contaminant levels. Selection of the appropriate ensemble class must be based on a thorough risk assessment in accordance with OSHA Regulation 29 CFR 1910.120 (HAZWOPER) and 29 CFR 1910.132 – Personal Protective Equipment Standard. All NFPA 1994 ensembles are intended to be disposable after a single exposure use. Ensembles consist of garments, gloves, and footwear tested and certified as a protective system with a manufacturer specified (make and model) CBRN respiratory protective device Class 2 ensembles are intended for use at terrorism incidents involving vapor or liquid chemical or particulate hazards where the concentrations are at or above IDLH level requiring the use of CBRN compliant self-contained breathing apparatus (SCBA). Class 3 ensembles are intended for use at terrorism incidents involving low levels of vapor or liquid chemical or particulate hazards where the concentrations are below IDLH, permitting the use of a CBRN compliant air-purifying respirators (APR) or power air-purifying respirator (PAPR). Class 4 ensembles are intended for use at terrorism incidents involving biological or radiological particulate hazards where the concentrations are below IDLH levels permitting the use of CBRN compliant APR or PAPR. The ensembles are not tested for protection against chemical vapor or liquid permeability, gas-tightness, or liquid integrity. 4 NFPA 1951 Standard on Protective Ensembles for Technical Rescue Operations, 2007 Edition The NFPA 1951, 2007 Edition contains performance requirements for a CBRN Technical Rescue Protective Ensemble for use during entry into CBRN atmospheres not Immediately Dangerous to Life of Health (IDLH). This CBRN protective ensemble category defines limited protection requirements for operational settings where exposure to physical, thermal, liquid, and body fluid-borne pathogen hazards and CBRN agents in vapor, liquid-splash, and particulate forms could be encountered. NFPA 1971 Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, 2007 Edition The NFPA 1971, 2007 Edition includes optional protection from CBRN hazards. Only complete ensembles certified as compliant with these additional optional requirements provide this specified level of CBRN protection. The protection levels set in the NFPA 1971 CBRN option are based on the Class 2 requirements contained in NFPA 1994. Comparison of Respirator and Ensemble Combinations to OSHA/EPA Levels The following table provides comparison information to assist emergency responders, health and safety professionals, and others in transitioning from Levels A, B, and C to standards-based terminology. Because the OSHA/EPA levels are expressed in general terms, it is not possible to “map” the levels to specific standards. However, it is possible to look at specific standards-based ensembles and establish their level based on the standards defined above. Combinations of NIOSH-approved CBRN respirators and ensembles that are certified as compliant with NFPA CBRN protective requirment are compared to corresponding OSHA/EPA levels in the Table 1. Table 1. Ensemble description using performance-based standards Ensemble description using performance-based standard(s) OSHA/EPA level NFPA 1991 (2005 Edition) worn with NIOSH CBRN SCBA A NFPA 1994 (2007 Edition) Class 2 worn with NIOSH CBRN SCBA B NFPA 1971 (2007 Edition) with CBRN option worn with NIOSH CBRN SCBA B NFPA 1994 (2007 Edition) Class 3 worn with NIOSH CBRN APR/PAPR C NFPA 1994 (2007 Edition) Class 4 worn with NIOSH CBRN APR/PAPR C NFPA 1951 (2007 Edition) CBRN technical rescue ensemble worn with NIOSH CBRN APR/PAPR C 5 Department of Homeland Security (DHS) Grant Guidance and InterAgency Board (IAB) Information The DHS sponsored Responder Knowledge Base (www.rkb.us) contains the following information: ■■ Homeland Security Grant Program—Program Guidance and Application Kit document. A direct link to the DHS Homeland Security Grant Program is www.ojp.usdoj.gov/odp/grants_hsgp.htm ■■ Information on related standards, certifications, and products Following the IAB recommendations, and in accordance with Homeland Security Presidential Directive (HSPD) 8, the Fiscal Year 2007 Grant Guidance from the DHS —Office of Grants and Training defines eligible personal protective equipment (PPE) in terms of compliance with Federal and nationally recognized standards. These standards require Federal or third-party certification and products can not claim compliance with them unless fully certified in accordance with the applicable standard. The product must be labeled to show compliance with the appropriate standard. The mission of the IAB includes endorsement for the development of hazard-based protective clothing and equipment performance standards. This includes performance standards for respiratory protective equipment, protective ensembles, garments, boots, and gloves for protection against CBRN threats. Section 1 of the IAB’s Standard Equipment List (SEL) defines the hazardous environments for chemical, biological, radiological, thermal, explosive, and ballistic threats. The IAB has also defined emergency responder mission roles in categories of law enforcement, fire department, emergency medical services, follow-on responders, and special operations. The SEL provides a table that indicates the Federal, or consensus-based performance standards with which PPE should be compliant to assure appropriate protection against chemical, biological, radiological, nuclear, and explosive hazards (www.iab.gov/). Information on Code of Federal Regulations (CFR), Interim Guidance Documents and Related Consensus Standards OSHA Regulation 29 CFR 1910.120—Hazardous Waste Operations and Emergency Response (HAZWOPER) Standard This Federal regulation applies to five distinct groups of employers and their employees. This includes any employees who are exposed, or potentially exposed to hazardous waste including emergency response operations for releases of, or substantial threat of the release of, hazardous substances regardless of the location. 6 OSHA Regulation 29 CFR 1910.132—Personal Protective Equipment This standard applies to personal protective equipment for eyes, face, head, and extremities and protective clothing, respiratory devices, and protective shields and barriers. The major requirements include: permissible practices; definitions; hazard assessment and equipment selection; training; and the proper care, maintenance, useful life, and disposal; program evaluation; and record keeping. OSHA Regulation 29 CFR 1910.134—Respiratory Protection The major requirements of this OSHA Respiratory Protective Standard include: permissible practices; definitions; respiratory protection program; selection of respirators; medical evaluations; fit testing; use, maintenance, and care of respirators; identification of filters, cartridges, and canisters; training; program evaluation; and record keeping. NIOSH Regulation 42 CFR Part 84—Approval of Respiratory Protective Devices The purpose of the NIOSH regulation is: ■■ To establish procedures and prescribe requirements that must be met in filing applications for approval by NIOSH of respirators or changes or modifications of approved respirators ■■ To provide for the issuance of certificates of approval or modifications of certificates of approval for respirators that have met the applicable construction, performance, and respiratory protection requirements set forth in this part ■■ To specify minimum requirements and to prescribe methods to be employed by NIOSH and by the applicant in conducting inspections, examinations, and tests to determine the effectiveness of respirators used during entry into or escape from hazardous atmospheres EPA Regulation 40 CFR Part 311—Worker Protection The EPA promulgated a standard identical to 29 CFR 1910.120 (OSHA’s HAZWOPER Standard) to protect employees of State and local governments engaged in hazardous waste operations in States that do not have an OSHA-approved State plan. 7 OSHA/NIOSH Interim Guidance (February 2006): Chemical – Biological – Radiological – Nuclear (CBRN), Personal Protective Equipment Selection Matrix for Emergency Responders, Nerve Agents and Blister Agents Nerve Agent: www.osha.gov/SLTC/emergencypreparedness/cbrnmatrix/nerve.html Blister Agent: www.osha.gov/SLTC/emergencypreparedness/cbrnmatrix/blister.html OSHA/NIOSH Interim Guidance (August 30, 2004): Chemical – Biological – Radiological – Nuclear (CBRN), Personal Protective Equipment Selection Matrix for Emergency Responders, Radiological Dispersal Devices (RDD) Radiological Dispersal Devices (RDD): www.osha.gov/SLTC/emergencypreparedness/cbrnmatrix/radiological.html NFPA 1401: Recommended Practice for Fire Service Training Reports and Records, 2006 Edition Includes training required by regulatory and/or other agencies such as the Occupational Safety and Health Administration (OSHA). NFPA 1500: Standard on Fire Department Occupational Safety and Health Program, 2007 Edition The purpose of this standard is to specify the minimum requirements for an occupational safety and health program. The requirements of this standard are applicable to organizations providing rescue, fire suppression, emergency medical services, hazardous materials mitigation, special operations, and other emergency services including public, military, private, and industrial fire departments. 8 Delivering on the Nation’s promise: Safety and health at work for all people through research and prevention To receive NIOSH documents or more information about occupational safety and health topics, contact NIOSH at 1–800–CDC–INFO (1–800–232–4636) TTY: 1–888–232–6348 E-mail: cdcinfo@cdc.gov Official Business Penalty for Private Use $300 or visit the NIOSH Web site at www.cdc.gov/niosh. For a monthly update on news at NIOSH, subscribe to NIOSH eNews by visiting www.cdc.gov/niosh/eNews. DHHS (NIOSH) Publication No. 2008–132 SAFER • HEALTHIER • PEOPLETM DEPARTMENT OF HEALTH HUMAN SERVICES Centers for Disease Control and Prevention National Institute for Occupational Safety and Health 4676 Columbia Parkway Cincinnati, OH 45226–1998 From: "Jessica Realin" Date: Jun 22, 2016 9:26 AM Subject: OPD Hazmat First Responders for Pulse To: Cc: Good Morning Mayor Dyer, I am contacting you after having contacted your office to speak with you in regards to the 6 man team, OPD Hazmat, who were responsible for collecting and removing all the victims inside and outside of pulse nightclub. ALL 49 victims not including the shooter. These men were in that building for 16 1/2 hours with no relief, no bathrooms and no a/c for the last 6 hours of their duty. Although these men would not want any accolades or recognition I feel that the city should know that they are experiencing difficulties when it comes to getting help. It was until 48 hours after the Massacre that they were able to receive counseling. And in fact five out of the six men were ordered to go back to work the following day on patrol. However my email to you is not in complaint but rather to bring attention to loophole in the system. Yesterday when my husband came home from work and after have gone to therapy; the therapist informed him that he would have to file through our insurance company for continued service and we would need to pay the co-pays. I was surprised to hear this because I thought that this would fall under workman's comp; and therefore would be covered by the city. These men would not complain or come forward but as the spouses of these men  we just want them to receive the services they are entitled to moving forward in giving themselves of service. I am so proud of how are city has come together and how we as a community have united. I look forward to hearing from you. Regards, Jessica 407-222-5215 Exhibit B 7 My 2 guys Ody I (P. Silver/gray suits Ml Exhibit On Mon, Jul 25, 2016 at 10:29 AM, Randolph Thames wrote: Gerry, If these are Workers’ Comp people I have no standing with them. The only thing that they listen to is a Workers’ Comp attorney. I can recommend one if you do not have one. You still need to call Captain Brown today. If you don’t talk to your chain of command and you remain in a no pay status/AWOL status they can write you up and sustain you for AWOL and possibly fire you. They are not trying to do that but you must call and talk to Captain Brown today. Randy Exhibit D al Treatmemlslalus Re I onin Farm - PAGE 1 Florida Workers' Com Busaliol' Ullflorm i i i i ORE ETING LLY REVIEW ucTIoNs BEGIN I Health care orovrders shall arid occurtioly complete all sections eltliis lorrn limiting their responses to their em olexn 1, Insurer Name: 2. Visit/Review Date: 5, FOR INSURER USE ONLY oeizsizois Injurod Employee (Patienti Maine: 4 i Realm Ge'ry Juwbe . 6. Date o1 Accident 7, Employar Name: 13. Initial visit with this physician7 any 01 Orlando Po Accdell' a yes Section I (2 call AssessmentIDoter na ens i S. No change In Items 9 -13d since last reported vis .11 checked. Go To SECTION 10, anu (Illness for which treatment is sought is: e) NOT WORK RELATED b] WORK RELATED c) UNDETERMINED Is omiis date 11 Has the patient been determined to have Obieeuve Relevant Medical Findings? Pain or-bnonnal anatomical Iiritilnos, in the aosorics oi oo,eciive reievani medics iindirigs shall not be an indicator oI arid/oi- ilinets am am not compenseuie. a) No bit/Es oi UNDETERMINED as ottlris date It yes or UNDETERVIINED. explain: I: Diagnoslcicsi; Acute past--trauma" 'Inlamnla due to psyc-noiagical sires 13, Maior Contrioutlng Clusn' When there is more than one contriouting cause, the reported wormelated Injury rriuat contribute more than 50% to the present condition and be based on tho In Item 11. a) lo there a pie-existing condition contributing to the current medical dlIorder'l at) No .2) VES 33) UNDETERMINED date b) 00 the objective relevant rnodicali find|ngs Identified in Item 11 represent an exacerbationiternperary worsening] or aggravation (progression) of a preoxlstirig condition? b1) No on Exacerbation o3) aggravation [1 oz) as oitnls date ci Are there other relevant oo-rriortri es that will need to be considmd in or managing this patient? N0 ozi VES d) Given your responses to the Items alcove. is the in question the insiorcontrioutine cause tor: d1i No on VES the reported medical condition? d4) VEs the treatment recommended (management/treatment plant? 51 dsi YES the tunctiorial limitations and restrictions section II PATIENT CLASSIFICATION LEVEL 14 LEVEL I - Key issue specific, well-donned medicai cond on. with closrcorrelation between obioctive relevant I ii 3 I I: 15 LEVEL issue regional organerallzed dacondiuoning (i derclui In strength, endurance and Treatrn I i itl and hinctiona re 16. LEVEL - Key |Ssue: poorcorrolation between patienrs compla' and objective. rclevantpitysleai findings, renaoilitation and mamamenti oolh somatic and non-Sonia": clinical factors, Traatrnen I1, LEVEL UNDETERMINED AS OF THIS DATE. . . . 1s. No clinical services Indicated at this time. i1 chooked, GO TO SECTION IV 19. No change in Itarns 20a - 209 since last report submitted. Iicliockcd, so To SECTION IV 20, The following proposed, aubsoeuont clinical services(s) lsiaro deemed medlcally necessary. IS A WRITTEN REQUEST FOR INSURER AUTHORIZATION 0i= TREATMENT OR SERVICES. a) Consultation with or reierral to a specialist. Identify principal physician: Identity specialty a provide rational Psymiavy .1) CONSULT ortLv azl REFERRAL a. commutes a3) TRANSFER CARE oi Diagnoslic Testing: (Speeilyi ci Physical Medicine. Check appropriate box and indicate specificity ol services, frequencyarm duration below. tiierapy, Chiropractic, osteopathic ol comparable ptysioai rehabilitation 1:2) Physical Reconditioningitevei |l Patient Classification c3) interdisciplinary Rehabilitation Program (Level iil Patient messiticalion) Spenific Instructionis)' di Fharmacciiucalis) ispociry): oi DME or Medical Supplies: 1) Surgical Intervention. specliy proceduroisi: it) Inornee. f2) Suruioal Facility. (at Inieolaoleist to naIIi manadcmentl: a) Attendant Care: Exhitgigc E-- rnrinn 472 Visitheview Date. 05989016 Assignment of limitations or restrictions must be based upon the injured employee's specific clinical dysfunction or status related to the work injury. However the presence of objective relevant medical findings - . functional limitations identified or restrictions prescribed as of the followmg date. LEI 22. The injured workers' functidnal limitations and restrictions, identified in detail below, are of such severity that helshi cannot perform activities, even at a sedentary level (eg. hospitalization, cognitive impairment, infection, contagion), as of the following date: U39 additionaisheetifneeded. El 23. The injured worker may return to activities so long as helshe adheres to the functional limitations and restriction: identified below. Identify ONLY those functional activities that have specific limitations and restrictions for this patie identify joint andior body part Bend Ca Climb Gras Knee! Lift-floor waist Lift-waist overhead Pull Push Reach - overhead Sit Stand Twist Walk Other- COMMENTS: Other choices Skin ContactlExposure; Sensory; Hand Dexterity; cognitive; crawl; Vision; DrivelOperate Heavy Equipment; NOTE: Any functional limitations or restrictions assigned above apply to both on and off the job activities, and are in effect until tl next scheduled appomtment unless otherwise noted or modified prior to the appointment date. 24 Patient has achieved maximum medical improvement? a) YES, Date: b) NO c) Anticipated date: I: d} Anticipated MMI date cannot be determined at this time. Future Medical Care Anticipated: e) YES f) NO Comments: 25. Permanent Impairment Rating (body as a whole) Body 28. Guide used for calculation of Permanent Impairment Rating (based on date of accident - see instructions): a} 1996 FL Uniform PIR Schedule b) Other, specify: is a residual clinical dysfunction or residual functional loss anticipated for the work?related injuryUndetermined at this time. "As the Physician hereby attest that all response 5 herein have been made in accordance with the instructions as part of this form to a reasonable degree of medical certainty based on objective Ielevant medical findings are consistent with my medical documentation regarding this patient. and have been shared with the patient. "l certii?v to any Milli/Pill information provided In this form." Physician Group: Centre Care Group Date: Ola/2853015 Physician Signature: tilt; Ni, e. Lens, QB Physician OOH-License II- I - SpeCIalty General Practice Physician Namqe Esa'lasm GIOFQES if anv direct billable services for this Visit were rendered bv a provider other than a phvsician please complete sections below: ?i hereby attest that all responses herein relating to services i rendered have been made, in accordance with the instruotions as part of this farm, to a reasonable degree of medical certainly based on objective relevant medical ?ndings are conSIstent With my medical documentation re carding this patient. and have been shared with the patient." Provider Signature: Provider Name: n?u?n r~r~ ninir?h hnninnrl 'il'l'i FOan-n Provider License ii: Date; 06l28l2016 Visit Number: 4229420 Florida kaers' Com Ensalimi Uniform Medical Re orliilK Form - PAGE 1 BEFWTING THIS FORM PLEA WU REVIEW THE - . NI - NOTE: Health care providere aheii leginy and accurately complete all nctione oi Ihie iorrn irmiting Iirtir redaction to their area el exp i. Insurer Name: 2. Visit/Review Date: 5. FOR INSURER USE 07/'212m6 3. Injured Employee (Patient) Name: 4. Date oi Brrtiu Reaiin. Corry iocoee 5. Date oi Accident: a. viait with this phyeician-r 7. Employer Nam tie/2mm city oi Orlando Post Aoa'deni Vt a y" Section Clinical AssussmenUDeterm 9 No change in Itanra 9 -1:id since izal reported viert. Ii checked, GO TO SECTION II, lo. Injury/Illness for which treatment is sought lo: a) NOT WORK RELATED oi WORK RELATED c) UNDETERMINED as or this date 11. Hear the patient been dotonnlned' to have objective Relevant Wdicll Findings? Pain or renormai lMlomlurl Iindinee, in the absence 0! Ub,ac|lva madlnal findings, snail 1M he on indicnior oi Injury arid/or Ilinasl and are not cameonduhls a) N0 3 o) YES c) UNDETERMINED at 0101i: date It YES or explain: 1; Diagnosigug); Mum cost-traumatic insomnia due to piycnoiogicai sires 13. Major Contributing Clues: When there is more than one contributing cause. the reported work-related injury must contribute more than 50-1. to the present condition and be based on the findings In Item 1L a) Is there a contributing to the current medical draordor'l all NO was an) UNDETERMINED ae ei' this data b) Do the objective relevant medical Iindinga idenllfiad in item 11 represent an uncommon (temporary woreaningi or aggravation (progression) of a preexieting condition? on NO on Execertration e3) Iggtavailon o4) UNDETERMINED at oirhis data ci Are there other relevant co-moroioltlea that will need to be coneldered In evaluating or managing this patient7 ct) no c2) YES or leen your reeponeos to the lime aoova, la the in question the major contrleuung cause tor: on NO d2) was the reported medical condition? M) YES the treatment recommended plan]? In dsi YEs the iunctionai Iirnr tiona and rooeicilena determined? PATIENT CLASSIFICATION LEVEL pacific, wail-defined medical condition with clear correlation between ooieciive relevant Key 15. LEVEL II a Key Issue. regional or generalized decondliionlng (La, deficits In flexibility, endurance, and motor co - sical rec rid onai ratio 16. LEVEL Ill - Key poor correlation between patieni'e complaints and objective, relevant physical findinga, both eometic end nor-somatic clinical iactore. Treatment: interdieclLiLnary rehabilitation and managgment 1 LEVEL UNDETERMINED AS OF THIS DATE SECTION MANAGEMENT I TREATMENT PLANS 18. No eirnrcai services at this time. If checked, GO TO SECTION iv 19. No change in home zoo - 209 sliico laet report submitted. II checked, so To SECTION iv Zn, The proposed, clinical Isiare deBmod medicaliy necelury. THIS is A WRITTEN REQUEST FOR INSURER AUTHORIZATION or 1REATMEMT OR SERVICES, a) Consultation with or roich to a specialist. identin principal phyticlan: Idantiiy apoclaity it. provide rationaia: a1) consum- ONLY REFERRAL a. COMANAGE o) Diagnosflc Teotrng: (Spooiryi o) Pii sicai Medicine. Check appropriate box and indicate specificin oi tarvicea, ireguency and duration below. cli Physicawccuoaironaitherapy, Chiropractic, Osteopathic or comparaele physical 52) Physical Reconditioning (Level II Pnilenl Classificalion) c3) Interorscipirnary patreni Classification) Specinclneirucirortel: d) Pnarmacauticalisi lopeciiyi: e) DME or Supplies 0 Surgical Intervention .spociiy procedureiai: it) inomce Suiulcal Famllm to." oat-I liia g) Attendant oara a3) TRANSFER CARE :Iomeirii: Exhibit? Voit Number, #249596 i-n'rii Re ortin . Form - PAGEZ Visitheview Date: . Florida Workers' Com ensation Uniform. Medical Patient Name: Realin. Gerry Jacol: SECTION . FUNCTIONAL LIMITATION AND RESTRICTIONS Assignment of limitations or restrictions must be based upon the injured employee's specific clinical dysfunction or status related to the work injury. However, the presence of objective relevant medical findings an automatic limitation or restriction in function. . 21. No functional limitations identified or restrictions prescribed as of. the following date: Egg?I 22. The injured workers' functional limitations and restrictions, identified in detail below, are of such severity that helshi cannot perform activities, even at a sedentary level hospitalization, cognitive impairment, infection, contagion), as of the following date: use additional sheet ifneeded. El 23. The injured worker may return to activities so long as helshe adheres to the functional limitations and restriction: identified below. Identify ONLY these functional activities that have specific limitations and restrictions for this patie identify joint andlor body part 07i12l2016 Bend Ca Climb Grasp Kneel Lift~fioor waist Lift-waist overhead Pull Push Reach - overhead Sit Stand Twist Walk Other COMMENTS: . Other choices; Skin ContactlExposure; Sensory; Hand Dexterity; cognitive; crawl; Vision; DrivelOperate Heavy Equipment; Cnndifinnq' heat, cold, working at heights; vibration: Auditory: Specific .Inh Tagger}: etc NOTE: Any functional limitations or restrictions assigned above apply to both on and off the job activities, and are in effect on next scheduled appointment unless otherwise noted or modified prior to the appointment date. . SECTION. MAXIMUM MEDICAL PERMANENT a 24. Patient has achieved maximum medical improvement? til fl ATING a] YES, Date: b) N0 [1 c) Anticipated MMI date: . cl} Anticipated MMI date cannot be determined at this time. Future Medical Care Anticipated: e) YES f) NO Comments: 25. Permanent Impairment Rating (body as a whole) Body 26. Guide used for calculation of Permanent impairment Rating [based on date of accident - see instructions): a) 1996 FL Uniform PlR'Schedule b) Other, specify: Is a residual clinical dysfunction or residual functional loss anticipated for the work-related injury? 27-1] a) YES b) NO c) Undetermined ail-this time. . . -. v: . 28. Next Scheduled Appointment Date 48! Time: - ES ATE-MENT "As the Physician, i hereby attest that all responses herein have been-made, in accordance with the instructions as part of this form, to a reasonable degree of medical certainty based on objective relevant medical ?ndings, are consistent with my medical documentation reoardino this patient. and have been shared with the patient. ?l certify to any information provided in this form." GVOUP: Centre Care Group Date: 07i12i2016 to Tel Physicnan Signature: E: .2: ear (is .r Job-wetness! in :i Physician DOH License ll: Physician Name: Esai?g?imgis a Physician Specialty: General Practice If anv direct billable services for this visit were rendered by a provider other than a ohvsician. please complete sections below: 'ces rendered have been made, in accordance with the instructions as part of this "i hereby attest that all responses herein relating to sew: form, to a reasonable degree of medical certainty based on objective relevant medical findings, are consistent with my medical documentation regarding this patient. and have been shared with the patient." Provider Signature: Provider D'Ol-l License . Provider Name: Date: 0771212016 - Form (revised ?3152008) VISItNumber: 4 9 95 From: "ROLON, ORLANDO" Date: Mar 7, 2017 10:22 AM Subject: Meeting Notification To: "REALIN, GERRY J." Cc: "Jessica Realin" , "BROWN, SUSAN B." , "Geoff@bichlerlaw.com" , "Josette@bichlerlaw.com" , "MOORE, AUSTIN L." Officer Gerry Realin, A representative of the Orlando Police Department needs to meet with you today and the representative will not be in uniform.  The meeting will take place wherever you prefer and it should not take more than fifteen minutes. As a reminder, Relief of Duty, Alternative Duty, and Limited Duty 1617.10, Section 3.2.1 Employee’s Responsibility, subsection (c) states that you must do the following “Respond  to  all  pages  and  be  able  to  arrive  at  Orlando  Police  Headquarters  within  45  minutes  during business hours.” I bring this to your attention to remind you of the importance to respond to this email in a timely manner. Thank you, DC O. Rolon Exhibit G-1 Orlando Rolón Deputy Chief of Police Orlando Police Department Patrol Services Bureau Commander p. 407.246.3854 FBINA Session 263 SPI Command Officer Development Course cityoforlando.net/police Florida has a very broad public records law. As a result, any written communication created or received by the City of Orlando officials and employees will be made available to the public and media, upon request, unless otherwise exempt. Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Exhibit G-1 From: "ROLON, ORLANDO" Date: Mar 7, 2017 12:07 PM Subject: Re: Meeting Notification To: "Jessica Realin" Cc: "Paolo Longo" , "MOORE, AUSTIN L." , "Josette Tevyaw" , "Geoff Bichler" , "REALIN, GERRY J." , "BROWN, SUSAN B." Mrs. Realin, I completely understand the need to make plans to find childcare and we can wait until later this afternoon if that works best for you.  We will meet with you at 1p.m. unless I hear otherwise. Thank you! O. Rolon Orlando Rolón Deputy Chief of Police Orlando Police Department Patrol Services Bureau Commander p. 407.246.3854 FBINA Session 263 Exhibit G-2 SPI Command Officer Development Course cityoforlando.net/police From: Jessica Realin Sent: Tuesday, March 7, 2017 12:02:56 PM To: ROLON, ORLANDO Cc: Paolo Longo; MOORE, AUSTIN L.; Josette Tevyaw; Geoff Bichler; REALIN, GERRY J.; BROWN, SUSAN B. Subject: Re: Meeting Notification DC. ROLON, We have small children and are trying to make every effort to be accommodating. We have to find childcare. My attorneys have stated we can do 1p.m. at their office today if that allows to your schedule Regards, Jessica Realin On Mar 7, 2017 11:57 AM, "ROLON, ORLANDO" wrote: I will take this as a refusal from Officer Gerry Realin to comply with policy 1617.10.  Orlando Rolón Deputy Chief of Police Orlando Police Department Patrol Services Bureau Commander Exhibit G-2 p. 407.246.3854 FBINA Session 263 SPI Command Officer Development Course cityoforlando.net/police From: Jessica Realin Sent: Tuesday, March 7, 2017 11:51:23 AM To: ROLON, ORLANDO Cc: MOORE, AUSTIN L.; Josette Tevyaw; BROWN, SUSAN B.; REALIN, GERRY J.; Geoff Bichler; Paolo Longo Subject: Re: Meeting Notification DC Rolon, My attorneys have requested to have our meeting tomorrow at BICHLER, Olivier, Longo, and Fox. Which is located at  541 S Orlando Ave # 310, Maitland, FL 32751 at  3p.m. . You are allowed to bring the city attorneys if they are available to attend. As I was not allowed that same courtesy last week when I had asked if we could wait until Monday when my attorney could be present. The union rep is not representing this case or my husband. Regards, Jessica Realin On Mar 7, 2017 10:22 AM, "ROLON, ORLANDO" wrote: Officer Gerry Realin, Exhibit G-2 A representative of the Orlando Police Department needs to meet with you today and the representative will not be in uniform.  The meeting will take place wherever you prefer and it should not take more than fifteen minutes. As a reminder, Relief of Duty, Alternative Duty, and Limited Duty 1617.10, Section 3.2.1 Employee’s Responsibility, subsection (c) states that you must do the following “Respond  to  all  pages  and  be  able  to  arrive  at  Orlando  Police  Headquarters  within  45  minutes  during business hours.” I bring this to your attention to remind you of the importance to respond to this email in a timely manner. Thank you, DC O. Rolon Orlando Rolón Deputy Chief of Police Orlando Police Department Patrol Services Bureau Commander p. 407.246.3854 FBINA Session 263 SPI Command Officer Development Course Exhibit G-2 cityoforlando.net/police Florida has a very broad public records law. As a result, any written communication created or received by the City of Orlando officials and employees will be made available to the public and media, upon request, unless otherwise exempt. Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Exhibit G-2 On Tue, Jul 26, 2016 at 5:56 PM, GERRY REALIN wrote: ---------- Forwarded message ---------From: GERRY REALIN Date: Tuesday, July 26, 2016 Subject: 30 day letter To: Cynthia Lane Cc: "jessicarealin@gmail.com" LT. Lane, thank you for your help. I vaguely remember your presence. I was just discharged. I didn't have a heart attack but I have to do alot of other tests. Unfortunately alot of the Hypertension is attributed to the PTSD and Insomnia which has been under treatment. Workers Comp took awhile to find a doctor and claimed they could not find one who'd accept Workers Comp. My EAP referred us a long time ago to a psychiatrist who specializes this and is nearby to us. We got him to accept me but Workers Comp denied it then found someone way out in Hunters Creek. He began treatment then we requested a change to the referred psychiatrist but was once again denied by WC. I'm trying to.get better but WC keeps delaying my treatments. And now WC will not approve continued support toward my EAP counselor as my preferred therapist.  Meanwhile I struggle and remain No Duty. I will type my 30 day status and send asap to my supervisor and also submit reimbursement of my exhausted hours. Can you tell the Chief about this issue? Thank you. Gerry and Jessica On Monday, July 25, 2016, Cynthia Lane wrote: Jessica,  just to follow up on our conversation at the hospital today.  The Orlando Police Exhibit G-3 Department is trying to support and ensure your husband's paperwork is in order. I know you may not understand all the policy requirements and it is not your responsibility. As I mentioned, I'm not fully up to speed on Gerry's health or status. I do know he must submit a letter every 30 days via his chain (to his sergeant). The 30-Day letter is known as a status update.  This is independent of Worker' Comp. Every 30 days the letter indicating when the incident happened, what his doctor said is the issue and if he is restricted duty/limited duty/no duty etc. Include his last and next doctor's appointment and something from the doctor showing what the doctor says his status is. A doctor must state if he is limited duty or in a no work status. The letter is independent of workman's comp and any issues you have with the city insurance is not within my realm to assist you with. I just wanted to follow up with you and see if you need anything. Gerry, should you be able to read this email: I stopped by to check on you and hope your test results are good news for you. I just wanted to make sure you understood your supervisor and chain tried to reach you recently regarding the status letter. I am familiar with the letter process having helped The Anderson's, so I hope you can get yours done in time each month. Please contact your chain should you have questions regarding your letter, etc. I imagine this is a difficult time and hopefully, things will get better. Respectfully, Lt. Cindy Lane -Officer Gerry Realin Orlando Police Department North Patrol Division HazMat Team Sent from Gmail Mobile Exhibit G-3 -Officer Gerry Realin Orlando Police Department North Patrol Division HazMat Team Sent from Gmail Mobile Exhibit G-3 CITY OF ORLANDO September 8, 2016 ' MEMORAN D UM TO: Officer Gerry Realin Nonh Patrol Charlie Days Bravo Rotation FROM: Deputy Chief Orlando Rolon Patrol Services Bureau Commander SUBJECT: Program Panicipation Order Officer Gerry Realin, we are committed to supponing you, and providing you with the available options that can assist you during this process. We recently learned about a program offered at UCF called UCF Restores and we have coordinated an evaluation for you with the UCF Restores Clinic. On Monday, September 12, 2016, at 1400 hours, you will repon to the UCF Restores Clinic. They are located at 4111 Pictor Lane, Orlando, FL 32816- 1390. The program is located in the Psychology Building across from the UCF Arena. The telephone number for the Department of Psychology is 407-823-3254 With this notification, you will also receive a folder containing information about the prosram Univenit.y mc.tnl Flaricla R.cstora is a clinical reeeard1 center that specializes in anxiety, trauma. and polllllUIDlliC ..... diaorder (PTSD) The treatment program has extensive ..,._.puvidi.aa Jeffie. to fltlrlDI with combat-related PTSD . . . . . .....,....... piDpteloc:llly, aaaioully . . illtemationally Exhibit G-4 On Wed, Jul 27, 2016 at 11:12 AM, GERRY REALIN wrote: ---------- Forwarded message ---------From: GERRY REALIN Date: Wednesday, July 27, 2016 Subject: Update Letter To: Grace Peek Cc: Lovetta Quinn-Henry I understand and as I've said to LT we've requested these records. My attorney has made it final in stating he will furnish them to you as he receives them from Workers Comp who controls all medical records to this point (not me). I'm sorry I can't get you what you need to proceed but I made my attempt. Paolo Longo (counsel) would like you to make the necessary requests to him at 4075993777 or to Workers Comp for the doctor notes. Gerry On Wednesday, July 27, 2016, Grace Peek wrote: Gerry At this time and with what you have provided I cannot forward this letter through the COC.  I need something written from a physician showing your work status.  This needs to be provided NLT the 29th as that is when your 30 day update is due to the COC.  Hope you are doing well and let me know when you have this documentation.   Sgt Peek On Tue, Jul 26, 2016 at 6:59 PM, GERRY REALIN wrote: Sarge, can you attach an endorsement and send up to keep me up to date on this 30-day matter PLEASE. Thanks, Exhibit G-5 Gerry -Gerry Realin, Police Officer North Patrol Division City of Orlando 400 South Orange Avenue Orlando, FL, 32801 p. 407.246.4023 f. 407.246.4027 cityoforlando.net Follow us! @citybeautiful facebook.com/cityoforlando youtube.com/cityoforlando flickr.com/cityoforlando -Sergeant Grace Peek North Patrol Division C/B Days Orlando Police Department (O) 407-219-5576 (C) 321-689-7120 "Don’t let tomorrow’s headlines influence today’s decisions."  Condoleezza Rice -Officer Gerry Realin Orlando Police Department North Patrol Division HazMat Team Sent from Gmail Mobile -Officer Gerry Realin Orlando Police Department North Patrol Division HazMat Team Sent from Gmail Mobile Exhibit G-5 On Wed, Aug 10, 2016 at 10:54 PM, GERRY REALIN wrote: ---------- Forwarded message ---------From: SUSAN BROWN Date: Wednesday, August 10, 2016 Subject: Media Interviews To: ROBERT ANZUETO , Gerry Realin , John Mina , Lovetta Quinn-Henry , Orlando Rolon Hi Gerry, I just wanted to recap our phone conversation from this evening.  Going forward I have been advised to direct you that for any future media interviews you may schedule or that are scheduled on your behalf, please notify me so that I may be present to represent the agency.  As the commander of the ERT/Hazmat Team and also of the Crisis Intervention Team I may have additional insight to offer in the interview that may be helpful.  As we discussed you are in no way, shape or form being directed not to speak with the media.  You are free to do so at your discretion. Please do not hesitate to contact me if you have any questions or concerns, and if I omitted anything in this email from our conversation that you feel is relevant please add your input in a "reply all" to this email. Thanks and take care, Capt. Brown Captain Sue Brown North Patrol Division Commander Emergency Response Team Commander Crisis Intervention Team Commander Orlando Police Department Exhibit G-6 100 South Hughey Avenue Orlando, Fl, 32801 p. 407.219.5571 cityoforlando.net -Officer Gerry Realin Orlando Police Department North Patrol Division HazMat Team Sent from Gmail Mobile Exhibit G-6 On Mon, Aug 15, 2016 at 4:43 PM, GERRY REALIN wrote: ---------- Forwarded message ---------From: Roland Clee Date: Monday, August 15, 2016 Subject: Written Directive Regarding Media Interviews To: OPD Dept Good afternoon, A Written Directive will be posted to PowerDMS shortly to sign off on.  Below is the relevant text from that directive: Whenever a representative of the news media  expresses a desire to interview a member of the Orlando Police Department, other than during a breaking incident, please be advised that such interviews may only be conducted only with the approval of the appropriate Division Commander or designee, and should be coordinated through the Orlando Police Department Public Information Office. A policy review is forthcoming. -CSO Roland Clee Career Criminal Investigator Office of Violent Crime Initiatives Domestic Violence Response Team Orlando Police Department 407.246.2923 cityoforlando.net/police Follow us! Exhibit G-7 @orlandopolice facebook.com/ orlandopolicedepartment youtube.com/user/ orlandopolicepio -Officer Gerry Realin Orlando Police Department North Patrol Division HazMat Team Sent from Gmail Mobile Exhibit G-7 On Mon, Sep 12, 2016 at 2:39 PM, GERRY REALIN wrote: ---------- Forwarded message ---------From: Lovetta Quinn-Henry Date: Thursday, September 8, 2016 Subject: Meeting with Deputy Chief Rolon To: Gerry Realin Cc: SUSAN BROWN , ORLANDO ROLON Good afternoon Officer Realin, Upon being relieved of duty on July 27, 2016, you signed a copy of the memorandum and policy detailing your responsibilities while in a relief of duty status, a copy was also provided to you.  After attempting to reach you via cellular communication and text messaging today at 11:45 a.m., it is my responsibility to remind you of the Orlando Police Department's policy and procedure as it relates to "employees relived of duty-not related to an internal investigation" -1617.10 (3.2.1) which reads as follows: "When  a  member  is  relieved  of  duty  for  reasons  not  related  to  an  internal investigation,  the  following  procedures apply. 3.2.1 EMPLOYEE’S RESPONSIBILITYUpon being relieved of duty, the employee will:  a.Relinquish   badge,   Department-issued   firearm(s),   police   identification,   police   radio,   gunbelt   (with accessories), all OPDissued keys/electronic cards, and other issued equipment as deemed necessary by the manager. b.Turn in assigned vehicle. Exhibit G-8 c.Respond  to  all  pages  and  be  able  to  arrive  at  Orlando  Police  Headquarters  within  45  minutes  during business hours. d.Not work extra-duty jobs that entail wearing the police uniform or need for police authority. e.If not a member of the bargaining unit, not work for another employer during those hours to which he or she is obligated to, and compensated by, the Department. f.If a member of the bargaining unit, comply with the terms of the collective bargaining agreement regarding extra-duty employment." Your are hereby being given a direct ORDER to respond to the Orlando Police Headquarters TODAY at 2:30 p.m. to meet with Deputy Chief Rolon, in his office.  Failure to comply with my direct ORDER will be considered insubordination which can lead to discipline up to and including termination.  ***A page is also being sent to refer you to this email and the meeting. Regards, Lovetta Quinn-Henry, Lieutenant North Patrol Division-Bravo Days CISM Deputy Team Commander P. 407-219-5572 Orlando Police Department 100 South Hughey Avenue Orlando, FL  32801 cityoforlando.net/police Follow us! @citybeautiful - Twitter facebook.com/cityoforlando youtube.com/cityoforlando flickr.com/cityoforlando If you need immediate police assistance, please call 911.  Exhibit G-8 -Officer Gerry Realin Orlando Police Department North Patrol Division HazMat Team Sent from Gmail Mobile Exhibit G-8 Exhibit G-9 Exhibit G-9 From: Lovetta Quinn-Henry Date: Thursday, September 8, 2016 Subject: Meeting with Deputy Chief Rolon To: Gerry Realin Cc: SUSAN BROWN , ORLANDO ROLON Good afternoon Officer Realin, Upon being relieved of duty on July 27, 2016, you signed a copy of the memorandum and policy detailing your responsibilities while in a relief of duty status, a copy was also provided to you.  After attempting to reach you via cellular communication and text messaging today at 11:45 a.m., it is my responsibility to remind you of the Orlando Police Department's policy and procedure as it relates to "employees relived of duty-not related to an internal investigation" -1617.10 (3.2.1) which reads as follows: "When  a  member  is  relieved  of  duty  for  reasons  not  related  to  an  internal investigation,  the  following  procedures apply. Exhibit G-9 3.2.1 EMPLOYEE’S RESPONSIBILITYUpon being relieved of duty, the employee will:  a.Relinquish   badge,   Department-issued   firearm(s),   police identification,   police   radio,   gunbelt   (with accessories), all OPD-issued keys/electronic cards, and other issued equipment as deemed necessary by the manager. b.Turn in assigned vehicle. c.Respond  to  all  pages  and  be  able  to  arrive  at  Orlando Police  Headquarters  within  45  minutes  during business hours. d.Not work extra-duty jobs that entail wearing the police uniform or need for police authority. e.If not a member of the bargaining unit, not work for another employer during those hours to which he or she is obligated to, and compensated by, the Department. f.If a member of the bargaining unit, comply with the terms of the collective bargaining agreement regarding extra-duty employment." Your are hereby being given a direct ORDER to respond to the Orlando Police Headquarters TODAY at 2:30 p.m. to meet with Deputy Chief Rolon, in his office.  Failure to comply with my direct ORDER will be considered insubordination which can lead to discipline up to and Exhibit G-9 including termination.    ***A page is also being sent to refer you to this email and the meeting.   Regards,   Lovetta Quinn-Henry, Lieutenant North Patrol Division-Bravo Days CISM Deputy Team Commander P. 407-219-5572     Orlando Police Department 100 South Hughey Avenue Orlando, FL  32801 cityoforlando.net/police   Follow us! @citybeautiful - Twitter facebook.com/cityoforlando youtube.com/cityoforlando flickr.com/cityoforlando     If you need immediate police assistance, please call 911.  Exhibit G-9 -Officer Gerry Realin Orlando Police Department North Patrol Division HazMat Team Sent from Gmail Mobile Exhibit G-9 On Thu, Sep 15, 2016 at 10:42 AM, GERRY REALIN wrote: ---------- Forwarded message ---------From: GERRY REALIN Date: Monday, July 25, 2016 Subject: Stress To: SUSAN BROWN Captain I've been urged to contact you by the Randy Thames. I'm under alot of stress and alot of personal questions were inappropriately asked by Randy Thames about my health condition. I'm in a No Duty status per the doctors. I've been told to let anyone wishing to inquire of my condition to get the information from Workers Comp/Risk Management or my workers comp attorney Paolo Longo at 4075993777. The city occupational health put me off work and now Randy Thames is saying I can be fired. Wonderful stressing agents. I'm just trying to get treated and better.  Gerry -Officer Gerry Realin Orlando Police Department North Patrol Division HazMat Team Exhibit G-10 Sent from Gmail Mobile -Officer Gerry Realin Orlando Police Department North Patrol Division HazMat Team Sent from Gmail Mobile Exhibit G-10 From: To: Cc: Subject: Date: Gerry R Jessica Realin Jeff Appel; Audrey Castro Fw: Fwd: 30 day status memo Friday, November 17, 2017 10:26:31 PM Harassed by supervisors to give health status again and again  Sent from Yahoo Mail on Android On Fri, Sep 30, 2016 at 9:53 AM, GERRY REALIN wrote: ---------- Forwarded message ---------From: Grace Peek Date: Friday, September 30, 2016 Subject: 30 day status memo To: Gerry Realin Cc: Lovetta Quinn-Henry , Susan Brown Gerry Your 30 day status memo is past due. Please submit ASAP.  If you have any questions  please let me know. Sgt Peek -Officer Gerry Realin Orlando Police Department North Patrol Division HazMat Team Sent from Gmail Mobile On Tue, Mar 7, 2017 at 10:56 AM, Randolph Thames wrote: Gerry, Our last communication was your response to the email below. I still have many of the same concerns about your situation. If you refuse to work in an alternative duty status that you have been medically cleared for the Interim Disability Committee will not reimburse any leave time you use after that point. If you enter an absence without authorized leave that exceeds the FMLA allowance you may be written up for being AWOL. If you refuse to comply with a direct order you run the risk of being charged with insubordination which is a termination level offense. I now have an even greater concern about you possibly getting poor advise about how our pension works and losing possible pension rights. I am working with another officer now who may have signed away any right to a medical pension last week as well as forfeiting  retiree health insurance because an outside attorney misrepresented our pension law to him. The settlement that the officer accepted is less than the officer will lose in pension in the first year if the officer signed what he told me he did. The possibility of surveillance by the City of you remains so please take care not to appear to be doing anything that contradicts your diagnosis or appears to undermine the severity of your symptoms. The FOP remains ready to assist you in any way possible but the choice of whose advise to follow is always yours.  Randy Thames 407.895.0382 From: Randolph Thames Subject: Re: Work Status Date: August 31, 2016 at 12:00:13 PM EDT To: Gerry Realin Gerry, Making sure that your chain was working with you was my first concern. The last time we spoke you told me had not submitted anything to the Interim Disability Committee and had not completed any FMLA paperwork for your Exhibit G-12 inability to return to work. You had also indicated a lack of assistance from your chain. Can you confirm that you are complying with the relevant policies and that you are in a paid status? Your wife and your attorneys may not understand OPD policies. I am unable to determine if the deadlines are being met and the department is assisting you properly without information from you. You are required to request alternative duty if you are medically able to work it and failure to accept an alternative duty position if you are found to be medically able to work one will result in the Interim Disability Committee denying any leave reimbursement. You need to know that you are required to submit a disability pension application at 12 months from your original date of injury or at any time you are found to be at MMI or permanently unable to return to full duty. Chief Mina has the option of providing you with a long term alternative duty assignment instead of a line of duty disability pension under our pension law. We provide assistance with preparing any pension application and legal representation for the pension hearing. I previously warned you that the City may conduct a surveillance on you as they have done in the past on people who are in a no work status. Please call us if you have any questions or if we can assist you with any difficulties with your chain.  Randy On Aug 31, 2016, at 11:06 AM, Gerry R wrote: I'm honestly not sure what assistance you're offering. Please advise specifically. And to my understanding, my doctors, attorneys, and Captain Brown have seen to all deadlines and status matters. I've tried to minimize my administrative involvement because of all the different treatments, therapies, doctor visits, and medications...etc So I've let my wife and attorneys handle it to determine what exactly is being required of me. I also just met with Lt. Quinn-Henry yesterday and she didn't mention anything. Thanks, Gerry Sent from Yahoo Mail on Android On Wed, Aug 31, 2016 at 10:22 AM, Randolph Thames wrote: Gerry, I have not heard from you since I sent the attached email. Exhibit G-12 Please understand that Shawn and I are ready to help you and are concerned that you may wait until it is too late and critical deadlines may be missed. You are welcome to call or email us when you choose. Randy Begin forwarded message: From: Randolph Thames Subject: Work Status Date: August 23, 2016 at 10:00:06 AM EDT To: "gjrealin@yahoo.com" Gerry, Please call me at your convenience to discuss your work status. I do not need to ask you any questions about your health status or diagnosis but I am concerned that you may not be following departmental policy on FMLA or application to the Interim Disability Committee. You are in a no work status at this time due to your injuries. You should be aware that officers in that status have an increased likelihood of surveillance by the City to determine the possibility of fraud. You should expect the City to ask for a second medical opinion and to offer you alternative duty if you are medically cleared to work that. I would also like to make sure you understand the critical points at which policy may require you to apply for a line of duty disability pension and the possibility of the Chief of Police assigning you to a long term alternative duty assignment without the loss of pay or benefits if you are medically capable of such employment instead of allowing you to receive a disability retirement. You are paying dues to the FOP and should be allowing us to help you with these issues. I cannot properly represent you without communication between us. If you would rather work with Shawn Dunlap please let me know so that I can have him contact you. If you do not wish any representation at this time by the FOP please tell us that clearly. Thank you, Exhibit G-12 Randy Thames FOP 25 407.895.0382 Exhibit G-12 On Wed, Aug 31, 2016 at 12:00 PM, Randolph Thames wrote: Gerry, Making sure that your chain was working with you was my first concern. The last time we spoke you told me had not submitted anything to the Interim Disability Committee and had not completed any FMLA paperwork for your inability to return to work. You had also indicated a lack of assistance from your chain. Can you confirm that you are complying with the relevant policies and that you are in a paid status? Your wife and your attorneys may not understand OPD policies. I am unable to determine if the deadlines are being met and the department is assisting you properly without information from you. You are required to request alternative duty if you are medically able to work it and failure to accept an alternative duty position if you are found to be medically able to work one will result in the Interim Disability Committee denying any leave reimbursement. You need to know that you are required to submit a disability pension application at 12 months from your original date of injury or at any time you are found to be at MMI or permanently unable to return to full duty. Chief Mina has the option of providing you with a long term alternative duty assignment instead of a line of duty disability pension under our pension law. We provide assistance with preparing any pension application and legal representation for the pension hearing. I previously warned you that the City may conduct a surveillance on you as they have done in the past on people who are in a no work status. Please call us if you have any questions or if we can assist you with any difficulties with your chain.  Randy On Aug 31, 2016, at 11:06 AM, Gerry R wrote: I'm honestly not sure what assistance you're offering. Please advise specifically. And to my understanding, my doctors, attorneys, and Captain Brown have seen to all deadlines and status matters. I've tried to minimize my administrative involvement because of all the different treatments, therapies, doctor visits, and medications...etc So I've let my wife and attorneys handle it Exhibit G-13 to determine what exactly is being required of me. I also just met with Lt. Quinn-Henry yesterday and she didn't mention anything. Thanks, Gerry Sent from Yahoo Mail on Android On Wed, Aug 31, 2016 at 10:22 AM, Randolph Thames wrote: Gerry, I have not heard from you since I sent the attached email. Please understand that Shawn and I are ready to help you and are concerned that you may wait until it is too late and critical deadlines may be missed. You are welcome to call or email us when you choose. Randy Begin forwarded message: From: Randolph Thames Subject: Work Status Date: August 23, 2016 at 10:00:06 AM EDT To: "gjrealin@yahoo.com" Gerry, Please call me at your convenience to discuss your work status. I do not need to ask you any questions about your health status or diagnosis but I am concerned that you may not be following departmental policy on FMLA or application to the Interim Disability Committee. You are in a no work status at this time due to your injuries. You should be aware that officers in that status have an increased likelihood of surveillance by the City to determine the possibility of fraud. You should expect the City to ask for a second medical opinion and to offer you alternative duty if you are medically cleared to work that. I would also like to make sure you understand the critical points at which policy may require you to apply for a line of duty disability pension and the possibility of the Chief of Police assigning you to a long term alternative duty assignment without the loss of pay or benefits if you are medically capable of such employment instead of allowing you to receive a disability retirement. You are paying dues to the FOP and should be allowing us to help you with these issues. I cannot properly represent you Exhibit G-13 without communication between us. If you would rather work with Shawn Dunlap please let me know so that I can have him contact you. If you do not wish any representation at this time by the FOP please tell us that clearly. Thank you, Randy Thames FOP 25 407.895.0382 Exhibit G-13 On Wed, Sep 21, 2016 at 3:32 PM, GERRY REALIN wrote: ---------- Forwarded message ---------From: GERRY REALIN Date: Wednesday, August 31, 2016 Subject: Checking up on you. To: ORLANDO ROLON Sorry. I can't talk on phone right now. I literally just got my wife up to a room. We're very aware of the written directive and as a result only my wife and attorney have handled interviews since. I forwarded that PIO/WMFE request to my attorneys.  Thank you for reaching out. I'm still continuing treatments and hope for a positive outcome. Gerry On Wednesday, August 31, 2016, ORLANDO ROLON wrote: Gerry, I made several attempts to reach you and I left voicemail messages.  Please call me when you receive this message. I would like to discuss with you media interviews.  As you know there was a Written Directive related to media interviews effective August 11, 2016. ​ henever ​"W a representative of the news media expresses a desire to interview a ​ m ​ ember of the Orlando Police Department, other than during a breaking incident, ​ p​ lease be advised that ​ such ​ i​ nterviews may ​ o​ nly ​ b​ e conducted only with the approval of ​ the appropriate Division Commander or designee, and should be coordinated through ​ t​ he ​ ​ ublic Information Office. ​ A ​ policy review is forthcoming ​Orlando Police Department ​ P ​." ​ ​Today the PIO received a request from WMFE requesting that your attorney and your wife be allowed to do an interview.   Exhibit G-14 ​"H ​ ey, wanted to follow up. I’m doing an interview tomorrow with Gerry Realin’s attorney and wife tomorrow. I’m looking to get clearance to interview Gerry himself, as well as speak with someone from OPD about the case.   Abe Aboraya  Health Reporter aaboraya@wmfe.org @AbeAboraya on Twitter 90.7 WMFE  11510 East Colonial Drive Orlando, FL 32817  wmfe.org   (407) 273-2300 ext. 183 ​" ​ ​Has your attorney or your wife informed the media that they must get approval from our agency to do interviews? Gerry, the decision for your attorney and your wife to participate in interviews cannot be controlled by the Orlando Police Department and it is entirely up to them to do so. The Written Directive is despicable to OPD employees and If you decide to attend and participate during an interview you must follow the directive. I also need to advice you of the following that came to my attention; Real Radio 104.1 interviewed your wife.  A listener call internal affairs to express her concerns for the graphic details that your wife shared during the interview related to the Pulse scene.  Again, we cannot control what your attorney and your wife choose to do or share during interviews with the media.  I personally want to advice you that there are many friends, families and victims of the Pulse incident who live in our community.  The caller was concerned that she was affected by the graphic details she heard described by your wife and that others could be impacted by the graphic information as well. She asked if we could intervene and we told her that we understood her concerns, but we were limited to only sharing this concern with you and your wife.  I tried calling you last week about this. Please call me at your earliest convenience!  Our number one priority is you and anyone in our agency during anytime of need.  We are here for you and communication is critical so that we can stay informed moving forward. DC Rolon 321-689-7071      ​ -Orlando Rolón, Deputy Chief Patrol Services Bureau Commander Orlando Police Department Exhibit G-14 FBI NA Session 263 Graduate Leadership Orlando Class 89 P.O. BOX 913 Orlando FL 32802-0913 p. 407.246.3854 cityoforlando.net/police Follow us! @citybeautiful facebook.com/cityoforlando youtube.com/cityoforlando flickr.com/cityoforlando Florida has a very broad public records law. As a result, any written communication created or received by City of Orlando officials and employees will be made available to the public and media, upon request, unless otherwise exempt. Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. -Officer Gerry Realin Orlando Police Department North Patrol Division HazMat Team Sent from Gmail Mobile -Officer Gerry Realin Orlando Police Department North Patrol Division HazMat Team Sent from Gmail Mobile Exhibit G-14 12/4/2017 PerformanceAppraisal.aspx.html City Of Orlando OFD Seal Performance Appraisal Form For Sworn Officers and Sergeants HomePrintHelp OFD Seal Skip Navigation Links EMPLOYEE INFORMATION Employee ID: Department: Division: Program # Appraisal Period - From: Appraisal Period - To: Rater employee ID: Reviewer employee ID: 14597 Police Department OPP OPP0002_C 08/01/2014 07/31/2015 11322 12350 Employee Name: Position Title: Date Assigned to Position: Gerry J Realin Police Officer 7/8/2004 Evaluation Type: ANNUAL Rater Name: Reviewer Name: Grace M Peek Quinn-Henry, Lovetta JOB FACTORS A. INITIATIVE Consider the following core competencies and rate the performance as a whole: a. Takes innovative police action promptly and on his/her own initiative b. Volunteers for assignments even if they are difficult or distasteful c. Takes advantage of training/educational opportunities to improve professional expertise d. Looks for opportunities to solve problems or make area assignment more productive e. Follows up on investigative leads when feasible f. Can be rotated among different assignments with no decline in productivity or efficiency OVERALL RATING FOR INITIATIVE exceeds standards meets standards below standards EXPLAIN RATING * Required Officer Realin continues to exercise excellent district integrity. He follows through with his investigations, and very rarely gets tasking sheets for additional information when cases are forwarded to the district attorney. During this reporting period Officer B. INTERPERSONAL RELATIONS Consider the following core competencies and rate the performance as a whole: a. Treatment of others is unaffected by personal prejudices/feelings Exhibit H file:///C:/Users/Jeff/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/ZIZGN9S1/PerformanceAppraisal.aspx.html 1/6 12/4/2017 PerformanceAppraisal.aspx.html b. Demonstrates compassion and empathy for others c. Treats coworkers courteously and with respect d. Treats citizens courteously and with due respect e. Shares ideas/information with coworkers f. Cooperates with supervisor g. Maintains composure when dealing with novel or potentially dangerous situations h. Controls temper when provoked i. For FTO's: develops a positive rapport with trainees, and is effective in training/counseling OVERALL RATING FOR INTERPERSONAL RELATIONS exceeds standards meets standards below standards EXPLAIN RATING * Required Gerry treats all citizens in a courteous manner. In June 2015 Chief Mina received an email from Deputy Chief Rich (OFD) expressing his appreciation for how Officer Realin handled a call at his daughter's house. He was especially grateful for how Officer Realin offered his C. KNOWLEDGE Consider the following core competencies and rate the performance as a whole: a. Knows basic provisions for regulations and policies and procedures b. Has working knowledge of state laws and city ordinances c. Knows how to research needed information on a computer or in issued manuals d. Keeps familiar with likely criminal suspects and trouble spots in area of responsibility e. Knows how to identify and safeguard evidence at crime scenes f. Knows how to conduct initial investigations of reported crimes g. Knows how to investigate traffic accidents h. Knows how to conduct follow-up investigations i. Knows procedures for obtaining arrest and search warrants j. Knows standard operating procedures for assigned unit k. Familiar with resources outside the police department l. Makes appropriate referrals OVERALL RATING FOR KNOWLEDGE exceeds standards meets standards below standards EXPLAIN RATING * Required Officer Realin is well versed in state laws and city ordinances and applies them to his daily shift. He is very knowledgeable when it comes to Orlando Police Department Policy and Procedures. Gerry does not hesitate to conduct follow-up on investigations and exhaust D. DEPENDABILITY Exhibit H file:///C:/Users/Jeff/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/ZIZGN9S1/PerformanceAppraisal.aspx.html 2/6 12/4/2017 PerformanceAppraisal.aspx.html Consider the following core competencies and rate the performance as a whole: a. Meets deadlines when completing assignments b. Punctual in attendance at meetings, training sessions, depositions, etc c. No pattern of unscheduled absences d. Complies with explicit instructions, oral and written e. Complies with standard policies/procedures when handling assignments f. Does not need constant supervision Last Evidence Purge Date: * Required 06/12/2015 OVERALL RATING FOR DEPENDABILITY exceeds standards meets standards Submit below standards EXPLAIN RATING * Required Officer Realin has improved tremendously in this area during this reporting period. He has no pattern of unscheduled absences and has shown that he is dependable. Gerry needs no prompting to complete task and usually is the first on the squad to complete assignments. E. APPEARANCE/HEALTH AND PHYSICAL CONDITION Consider the following core competencies and rate the performance as a whole: a. Conforms to uniform grooming policies b. Maintains uniforms in good repair c. Attire is neat and within standards when not in uniform d. Maintains personal hygiene e. Can climb over fences and other obstacles when necessary f. Can chase a fleeing subject g. Can acceptably complete defensive tactics training OVERALL RATING FOR APPEARANCE/HEALTH AND PHYSICAL CONDITION exceeds standards meets standards below standards EXPLAIN RATING * Required Officer Realin shows up for shift in a clean and pressed uniform. He maintains his equipment in working order and had zero discrepancies on the most recent uniform/equipment inspection. F. EQUIPMENT MAINTENANCE AND OPERATION Consider the following core competencies and rate the performance as a whole: a. Proficient in use of firearms (as demonstrated by periodic qualifications) b. Drives safely under routine conditions c. Drives with appropriate care and skill under high speed emergency conditions d. Maintains assigned vehicle within policy and keeps it in a clean condition Exhibit H file:///C:/Users/Jeff/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/ZIZGN9S1/PerformanceAppraisal.aspx.html 3/6 12/4/2017 PerformanceAppraisal.aspx.html e. Maintains and cares for permanently and temporarily assigned equipment f. Proficient in use of special equipment required for the job OVERALL RATING FOR EQUIPMENT MAINTENANCE AND OPERATION exceeds standards meets standards below standards EXPLAIN RATING * Required Officer Realin is a firearms instructor and on occasion assist department firearms instructors with classes as well as "kicks for guns" events. Officer Realin has had zero accidents during this reporting period and has demonstrated his ability to drive safely G. WRITTEN EXPRESSION Consider the following core competencies and rate the performance as a whole: a. Prepares reports that are neat and legible b. Prepares reports and memos which are clear concise and complete c. Prepares reports and memos which are free of grammar, spelling and punctuation errors d. Uses proper vocabulary in written reports e. Completes report forms properly f. Carefully reviews work for accuracy and content g. Writes reports that accurately describe what happened and clearly distinguishes between fact and opinion OVERALL RATING FOR WRITTEN EXPRESSION exceeds standards meets standards below standards EXPLAIN RATING * Required Officer Realin completes ALL his reports in a timely manner. He has received zero late notices for reports during this time period. His reports are clear and concise and accurately reflect the events as they unfold as evidenced by his call on 6/12/15 (2015-109979). This H. ORAL EXPRESSION Consider the following core competencies and rate the performance as a whole: a. Speaks confidently and with organized thoughts when addressing groups of people b. Speech is free of grammatical errors c. Speaks with volume that is appropriate for the situation d. Uses appropriate signals and proper radio procedures e. Avoids making vulgar, sarcastic, or unprofessional statements or radio transmissions f. Promptly exerts his/her authority when necessary to take control of a difficult "street" situation and directs others OVERALL RATING FOR ORAL EXPRESSION exceeds standards meets standards EXPLAIN RATING * Required below standards Exhibit H file:///C:/Users/Jeff/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/ZIZGN9S1/PerformanceAppraisal.aspx.html 4/6 12/4/2017 PerformanceAppraisal.aspx.html Officer Realin is very well spoken. He is well organized in his thoughts whether speaking to his squad mates, superiors or citizens. He exercises excellent radio control and is very professional in his transmissions. I. JUDGMENT AND DECISION MAKING Consider the following core competencies and rate the performance as a whole: a. Properly assesses emergency situations and takes appropriate action b. Sets appropriate priorities when deciding what to do c. Does not make decisions which exceed his/her authority d. Displays proper level of officer safety e. Makes proper use of force decisions f. Uses proper discretion OVERALL RATING FOR JUDGMENT AND DECISION MAKING exceeds standards meets standards below standards EXPLAIN RATING * Required Officer Realin uses excellent discretion and never makes a decision which exceeds his authority. He is fully aware of situations which may require supervisory approval. Gerry has demonstrated his ability to use proper response to resistance decisions when dealing SPECIAL TEAMS/COMMITTEES/AWARDS/ACCOMPLISHMENTS * Required Note any of the following in the below box: a. Active Special Team memberships b. Active committees c. Major accomplishments during the evaluation period d. Awards obtained during evaluation period e. Career development f. Special skills HAZMAT Team Firearms Instructor GOALS AND OBJECTIVES/IMPROVEMENT PLAN *required, if one or more Job Factors is rated Below Standards. List the Goals and objectives for the next appraisal period or list steps needed to meet standards ACKNOWLEDGEMENT SECTION Exhibit H file:///C:/Users/Jeff/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/ZIZGN9S1/PerformanceAppraisal.aspx.html 5/6 12/4/2017 PerformanceAppraisal.aspx.html Rater: Grace M Peek This report is based on my observations, knowledge of employees' performance and review of applicable information. It represents my best Judgment of the employee's performance Acknowledge Date: 9/6/2015 7:43:33 AM Reviewer: Quinn-Henry, Lovetta I have reviewed this report and discussed it with the rater Comments: Thank you for your service Officer Realin. Acknowledge Date: 9/6/2015 10:35:07 AM Ratee: Gerry J Realin I acknowledge that I have received this performance appraisal. I have had an opportunity to discuss it with my supervisor. In signing this appraisal, I do not necessarily agree with the conclusions. I understand that I may write my comments on a sheet of paper. Acknowledge Date: HR: Acknowledge Date: 62409 You are logged in as ORLANDO\REA14597 Exhibit H file:///C:/Users/Jeff/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/ZIZGN9S1/PerformanceAppraisal.aspx.html 6/6 Pom. Doe PATIENT FAclim ENCOUNTER Gerry Realln Noel Figueroa Practice Office Vislt DOB (407) 7095530 NOTE WP: AGE 37 1407) 706-6586 seen 5v SEX Male 2572 Sale road 426 sulteaost's DATE PRN (Mario. FL 32755 AGE AT nos Not signed Chief complalnt needeo to talk to you". Vitals for this enrounter isreeorded Patient seen today. Patient stated th at a lot of things have happened since iasttirnel saw him last WEEK. Patient stated that he was 5; SOAP Note Noel Figueroa M.D, 0310mm 7 37 sent to we'k at the Slaps' program. in flwl's job he was supposed to watch cameras looking ror drivers who may orirt into hike lanes.TheOr1ando Pollce Departmem statesthat this is not a program with the department outatthe erd ortha day, the patient is "policing" drivers and he could no expnsad to seeing cytiists being hit try a car. Patlent did not reported to work. he renewed my instruro'ons or not doing so. Today, he presents as very anxious, not sleeping well. His wife states that he is acting He teeis that someone is hearing his conversations on the phone. has been thinking about closing the Windows so no one can see l'iside his house, Patient has decided to llm'l's his trips outthe house except to medlcal appointmens and going outwith wire and family, Patientdeniessuicidaitnoughrs. Patient has had an exarerhatinn contenrraliali has decreased. Patient also compieins that his superior officers exposed his "re EJECTWEV MENTAL STATUS EXAM: Appearance: casuaiiy dressed, iairiy groomed. Appears stated age, Behavior: Engaged in the lntewiew easily. \in agitation orretardatiori. Docs notappearto be responding to internal Anxious, resiiess contact: poor tonta ct. Speech: Regular rate, volume. tone. and cadence, Not pressured, rin paiirity. Language: r-luonr, Inlarl. DrlenlanonlAlerlness: Oriented lo dale, month, year, day anhe WEEK, locatlon and situation. Fully alert with no changes in level of consciousness during the interview. concentration: somewhat distractihle. Memory: Remote and recent memory grossly Cognirlon: Grossly inmct inrelirganta appears average. Mood: anxious, concerned, angry, suspicious Affect: Full ra rige, Appropriately reactive. Mriod cohgrd ent, Thought Process: Logkal, linear. and goal dlrected. No maniahgentlalily, Though! Cnnlent:FIashbacks and nightmares. Pt does not report active suitidal or homicidal ideation,audiiory orvisual hallucinations or overtly thoughts at the current tiihe, Does not endorse passive suicidal ideation or droughts of wishing he/she were dead atthc current time. insight: intact age appropr'aie. Judgment: Good, lmpulsivlty: Currentry appears low. Exacerbation or PTSD Diagnoses attached to this encounter: (309.311Posttratimatit stress disorder $143201? Patient chert- Patient: Gerry Realin DOB: 12iZii1979 PRN: 1815WC PHARMACOLOGICAL INTERVENTIONS: 83 Continue same medications but will Increase the Restorll to 30 mg at night. Discussed potential risks and side effects, possible benefits of, and alternatives to these medications. Patient's questions were answered and consent obtained for treatment as described. NON-PHARMACOLOGICAL INTERVENTIONS: Continue with Dr. White. Patient seen Dr. White yesterday. Discussed MDD signs and Discussed behavioral interventions and stress management techniques including adding structured routine, ensuring adequate nutritional intake, following a regular exercise program, practicing good hygiene, and increasing social interactions and recreational activities. Meditation relaxation techniques were reviewed and patient will practice these at home. Avoid alcohol or other substances, including marijuana, as these can worsen anxiety and mood or impair your decision making abilities. Discussed with and counseled patient on good sleep hygiene, including allowing 1 hour before bed to avoid bright lights or loud sounds, planning to allow for adequate number of hours of sleep, no caffeine after 12 pm. FOLLOW UP: -- Contact this of?ce with any questions or concerns in regard to medications; also advised to contact this office if any increased or new are experienced. -- After careful review of his situation, It is my opinion that patient is not able to work at any job at this point. As far as I am concern ed, the patient is permanently unable to return to full duty. have talked to the Worker's Compensation attorney and expressed my great concern about his case being discussed to the media. lam concerned about notes that have given to worker's comp and the police being exposed to the public. Although there is definite limitation in confidentiality in Worker?s Comp. cases, still there is an assumption of need to know basis. In my opinion there. was no need to know from the general publicthat there was a discrepancy about my instructions and the police interpretation of them. The patient has been feeling ?prosecuted" by his employer throughout this process. The behaviors by the employer in the last 72 hours only have enhance his perceptions. Followup in one week. Medications attached to this encounter: Temazepam 30 MG Oral Capsule Sig: 1 tablet by mouth daily at bedtime practice fusion Free cloud based EHR Exhibit 311412017 Palietti vim- Patient: Gerry Realin DOB 6? i i i i PATIENT FACILITY ENCOUNTER Gerry Re" Need Flguema Practice omce visit I (407) 706-6580 "01' TYPE SOAP Note AGE 37 (407) 70676586 EV Noel Figtiamz M.D. sex Male 2572 State road 426 sulte3056 DATE 03/02/2017 PRM ll315WC miedo, FL 32755 AGE AT nos 37 Not signed chief complalm Still having flashbacks." Vitals for this encounter niovit isrecd Patlant seen today. patient stated that last WEEK while he was driving he had a trigger that caused to have flashbacks abut" the l'l'lcident. that he prntesied this issue with ELVerurilca White. Patient slated that the "police is leaving mi: alone". Patient wile is the one that is commuricating w'rh the Palm: Department when needed. Patient is moving torward with seeking approvai lrorn Police afPerisluri Enard Paperwaik is in the process af ueing submitted Pati'ent tolerating medications well. Patient sleeping well, although he still get occasional nightmares, He is iatusing on auivities that are net polite related. i REVIEW or point review or systems was performed. Patlent specifically denies the followlrig physical complaints: headache, vision changes, nausea. vomiting, diarrhea, pain, chest pain, dl77iness, palpitations, weakness. other altered MENTAL STATUS EXAM: Appearance: Casually dressed/well groomed. Appears stated age. senav r: Engaged in me interview easiiy. No or retardation Does iiotapnearto be responding to internal Activity: Cairn. Cooperative, contact; Gaad mntan. speech: neguiarrate. volumetone and cadence. Not piasured, no paucity. Language: Fluent, intatt. orientat n/Alertness: Oriented to date, munih, year, day of the week; location and Fully alert with no changes in level oi (onsciausnerss during the interview. Concentration: NU: Memory: Remote and 'ecerit memory grossly inucf. Grossly intact. Intelligence appears average. Mood: less depressediess anxious. Alien; Full range. Appropriately reactive. Mood mngruert. Thought Process: Logical. linear, and goa directed. No inert tangentlailty. Thuught Contents Flashback and nightmares present. Pl does not report active or overtly thoughts at the current time. Does not endorse passive SI or thoughts oiwtshing ire/she were dead at the current lime. Denies seli Injury behaviors or urges to sclfeharm currently, Insight: Intact, age appropriate. Judgment: Good, lmpirlsivlty: Currently appears low. ASSESSMENT Ongoing ot'posttrauina it disorder. altliuugli intensity has decreased to a certain extent. Diagnoses attached to this encounter: I 104' PATIENT FACILITY ENCOUNTER Gerry Raal'n Noel Figueroa Practice non: 1er Fallen: Phone DOB 'r (407) 70676580 Message AGE 36 (40717956586 SEEN av Noel Flgucroa Mn SEX Male 2572 State road 426 sulteause DATE 09/08/20! 6 PRN 0vlcdo. FL32765 Dos 3W5 Not slgned Chief complalnt patlent called very upset because he has been getting phone calls from the pollce department, that he needs In go to a specmt mp sponsored by Unlversiry of Central Florlda. He stated mat he tried the and lt did not go well Pallant does not Want (D go to the Going to that was notsomemlng that I recommended to Mr". lmentloned t0 that! am his authorized who any klno a! treatment that may be the appropnate for At polhtl ask to wait ontll I find out more about but not to untll further nahce lencoursgso talk to Etmrney phone calls from (he Pollce DEpaI'tmanL lniarrnatlon ls accurate, no pressures from the pollce department or about tlinltal should be part or any conversation. In my oplnloh the only content For any contacfs he should be lor and elser i . I Patlent Phone Message practicefusmn Free c'nud based EHR Exhibit or ORLANDO . POLICE DEPARIMENT January 3, 2017 MEMORANDUM TO: Officer Gerry Realin #14597 North Patrol Division FROM: Deputy Chief Orlando Rol?nd Patrol Services Bureau Commander SUBJECT: Return to Duty Notice Six Month Notice On July 5, 2016, you were placed on alternative duty. This status resulted in your not being able to return to full duty. Procedure 1619.5(5) provides that ?Any member in any combination of the below listed categories for one continuous year or 12 cumulative months out of any 18 - month period will be required to return to full duty: a. Alternative duty b. Sick leave or personal leave used as a result of illness or injury 0. Leave of absence due to disability, illness or injury. d. Family leave due to disability, illness or injury of the employee. Those members unable to return to full and unrestricted duty will be terminated from employment.? Noti?cations, per policy, are normally given after any member has been in any combination of the above leave status at six months, and again at nine months of not being able to return to full duty. Therefore, this letter is intended to serve as a reminder of your obligations pursuant to Policy Procedure 1619.5, which outlines the requirements for remaining in alternative duty status. As of July 5, 2017, you will reach 1 year of alternative duty. While I am sure that every effort is being made to ensure your timely return, I must advise you that Policy Procedure 1619.5 states that if you are terminated because you are unable to retum to full and unrestricted duty, such an employment termination will have no bearing upon decisions concerning your eligibility for pension. You are cautioned to ?le any pension requests Exhibit prior to termination. As of today?s date, I am not aware that you have ?led an application for a disability pensron. Article 23.6, of the FOP Collective Bargaining Agreement provides that employees obare unable to performthe required duties of their rank because of a line of duty injury ?shall not terminated for a period not to exceed one hundred eighty days (130) following SmeiSSion of their disability pension application.? EYEuare not able to or fail to return to full duty by July 5, 2017, and you have not filed a isa {My application, your employment with the Orlando Police Department shall be terminated, eff?ctive, July 5, 2017, at 5 pm, A ?1:61:ng has been scheduled with me in my of?ce on Wednesday, July 5, 2017representative to this meeting and you will have an opportunity to make a statement regarding your employment. thle conclusion of this meeting, it is essential that you complete the checkout process with upp y, Bene?ts, and other departments, unless you choose to do so in advance of our meeting. Base-d upon your training and_quali?cations, the City may have vacant positions for which you qualify. If you are interested in applying for a vacancy, contact Joseph Schmerler at 407-246- 2064 for assistance. Please contact Corporal Rey Rivero at your earliest opportunity to advise me of your intentions, or if you have any questions at (407) 246-3920. on 355 ?80 The foregoing notice was personally serv day of 2017 at /22( hours. La?ani Signature of Manager Witness cc: John W. Mina, Chief of Police Randy Thames, FOP Shawn Dunlap, FOP Dean OPD Labor Advi sor John Kinloch, City Personnel Claudio Rosado, OPD Support Services Manager Kristine Tate, OPD Fiscal Supervisor Natasha Williams, Legal Advisor OR/rr Exhibit April 20, 2017 Board of Trustees via email Jay L. Smith, Chairman Jose Vicente, Vice-Chairman Laurie Botts, Secretary Mr. Paolo Longo, Jr. Bichler, Oliver, Longo & Fox, PLLC Maitland, FL 32751 Mathew Fleury, Trustee Dear Mr. Longo, Christopher McCullion, Trustee Gerry Realin’s Independent Medical Evaluation appointment (I.M.E.) has been scheduled for Thursday, May 4, 2017, at 3:30 PM, with Louise Buhrmann, M.D. Please have him arrive at 3:00 PM. Dr. Buhrmann’s office is located at 1035 South Semoran Blvd., Building 2, Suite 1027, Winter Park, Fl 32792 and the telephone number is 407-671-2258. If he needs directions or has any questions regarding his appointment, please feel free to call her office. Pension Staff Katrina A. Laudeman, Executive Director Matt Dickey, Deputy Executive Director Michele Keane, Pension Coordinator If he is unable to make this appointment, please contact me as soon as possible at 407-2463410. Due to the office’s cancellation policy, if he needs to postpone the appointment there could be a financial penalty and I will need at least 96 hours prior to the appointment time. Sincerely, Michele Keane Michele Keane Pension Coordinator cc: G. Realin, Police Officer A. Moore, Chief Asst. City Attorney K. Laudeman, Executive Director S. Kaufman, Board Attorney R. Thames, Labor Chairman R. Brown, Union Attorney H. Valdes, Attorney City of Orlando Police Pension Board • 400 South Orange Avenue, 4th Floor • P. O. Box 4990 • Orlando, FL 32802-4990 Phone 407.246.3410 / Fax 407.246.3183 • cityoforlando.net/pension/police.htm Exhibit K CITY OF ORLANDO POLICE PENSION BOARD IN RE APPLICATION OF Gerry Realin for Service-Connected Duty Disability Retirement FINAL ADMINISTRATIVE ORDER GRANTING A SERVICE-CONNECTED DUTY DISABILITY RETIREMENT THIS MATTER came before the Pension Board, pursuant to proper notice, on July 13, 2017, on the application of Gerry Realin, a former City of Orlando Police Officer for an in-line of duty disability retirement. Mr. Realin was represented by his attorney, Paolo Longo, as well as his wife and attorney-in-fact, Jessica Realin. The City was represented by attorney Steven McKillop. All medical reports, the application and related documents were accepted into evidence. Counsel for the parties provided their respective analyses of the record evidence and the Board also heard argument of counsel. For the reasons which follow, the application is GRANTED. Mr. Realin?s injuries stem from Post-Traumatic Stress Disorder (PTSD), which he developed after responding to the mass shooting at Pulse on June 12, 2016. His PTSD presented itself in ?ashbacks, exhaustion, anxiety, sleeplessness, sadness and poor concentration. As a result of these issues, Mr. Realin was diagnosed with hypertension on July 19, 2016. Mr. Realin underwent an independent medical examination through worker?s compensation on February 8, 2017. The examination was conducted by Herndon Harding Jr., MD. In his report, Dr. Harding concluded, clearly does have certain that support the diagnosis of PTSD including a reasonable etiology of trauma: interfering thoughts, Exhibit cognitive and mood changes, and signi?cant arousal The report further found that Mr. Realin was disabled from further service as a police of?cer. The Board of Trustees scheduled Mr. Realin for their own IME with Dr. Louise Buhrmann on June 16, 20l7. Dr. Buhrman diagnosed Mr. Realin with PTSD and major depressive disorder in partial remission. Dr. Buhrmann opined that Mr. Realin is permanently and totally disabled and is un?t to perform his required duties. She also determined that the disability was directly caused by the trauma that Mr. Realin experienced while working as a police of?cer. Dr. Buhrmann recommended that Mr. Realin be declared disabled from any kind of police work. As Florida courts have not yet dealt with the issue of PTSD in the absence of physical contact in the context of a retirement plan, the Board has looked to the decisions of retirement boards in otherjurisdictions to distinguish between expected stress that can accompany the job of a police of?cer and those extraordinary events that cannot be planned for. Although there may be some variation between pension funds, typically an of?cer must be completely and permanently disabled, either physically or mentally, to receive a disability bene?t. The New Jersey Supreme Court has held the following: A mental disability arising out of a pure mental stressor with no physical impact can qualify a member for accidental disability bene?ts so long as the member satis?es the Richardson criteria (described below) and in addition, the disability must result from direct personal experience of a terrifying or horror-inducing event that involves actual or threatened death or serious injury, or a similar serious threat to the physical integrity of the member or another person. Russo v. Board of Trustees, Police and Firemen ?s Retirement System, 206 NJ. 14 (201 l) at 17. The Richardson criteria mentioned above requires that in order for a claimant to be eligible for accidental disability bene?ts based on PTSD, he or she must prove each of the following: 1. That the member is permanently and totally disabled; Exhibit 2. As a direct result ofa traumatic event that is a. identi?able as to time and place, undesigned and unexpected, and c. caused by a circumstance external to the member (not the result ofa pre-existing disease that is aggravated or accelerated by the work); 3. that the traumatic event occurred during and as a result of the member?s regular or assigned duties; 4. that the disability was not the result ofthe member?s willful negligence; and 5. that the member is mentally or physically incapacitated from performing his usual or any other duty. Richardson v. Board of Trustees, Police and Firemen ?s Retirement System. 192 NJ. 189 (2007). In order for the disability to be granted, the claimant must be able to prove that the event was ?undesigned and unexpected.? This concept is well explained in Martinez v. Board of Trustees, 2016 WL 7233999 (NJ. App. 2016). Martinez was a hostage negotiator who had extensive training in his ?eld. However, Martinez suffered PTSD after witnessing the fatal shooting and display of the corpse of a suspect with whom he had negotiated for 12 hours during a crisis situation. Ultimately, it was determined that even though Martinez had trained for this exact situation, there were extenuating circumstances that caused the event to rise to the level of unexpected and undesigned. Although the standard explained above is not binding on the Orlando Police Pension Fund, the Board finds the analysis of the New Jersey courts persuasive. The Pulse Shooting was the deadliest terrorist attack in the United States since September 11, 2001. Regardless of the training Mr. Realin received during his career, the Board concludes that the impact of this catastrophic event on Mr. Realin was something that simply could not be prepared for. Exhibit Having considered all of the evidence and the law applicable to the case, the Board of Trustees ?nds that Mr. Realin is permanently and totally disabled from further service as a City of Orlando Police Of?cer arising from a duty related incident, as de?ned by terms ofthe Plan. The Board also ?nds no disqualifying events were present. Finally, the Chief of Police, through the City advocate, advised that there was no position in the Orlando Police Department with no loss of pay or bene?ts for which Mr. Realin was quali?ed. Accordingly, the application for service connected disability retirement is hereby GRANTED. The effective date of the disability shall be August 1, 2017. DONE AND ORDERED at Orlando, Orange County, Florida this 13th day ofJuly, 2017. irperson, Board of Trustees 7/27 DATED FILED with the Pension Coordinator/Clerk ofthe Board thisoi 2 day ofijw?gg, 2017. lat?W PENSION COORDINATOR NOTICE OF APPELLATE RIGHTS A Final Administrative Order granting your request for line of duty disability bene?ts was rendered by the Board of Trustees on July 13, 2017. In the event that any party wishes to challenge this Order, that party must file a petition for writ of common law certiorari within thirty (30) days ofthe date this Order was rendered. The original petition must be ?led with the Exhibit Pension Coordinator/Clerk ofthe Board and a copy ofthe petition, together with the filing fee as prescribed by law, must be filed with the Clerk ofthe Circuit Court of Orange County, Florida. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy ofthe foregoing was served this e917 day of 1 ?39 2017, via mail to the following: Steven McKillop, Esquire Jones, Hurley Hand, PA. 1040 Woodcock Road Suite 100 Orlando, Florida 32751 Austin Moore, Esquire Orlando Police Department 1250 W. South Street Orlando, Florida 32805 MICHELE VARNUM KEANE . NOTARY PUBLIC I STATE OF FLORIDA Cunm? Expires W18 Paolo Longo, Esquire Bichler, Oliver, Longo fox, PLLC 541 South Orlando Avenue #310 Maitland, Florida 32751 MICHELE KEANE PENSION OF THE BOARD Exhibit