Interdepartmental Correspondence Sheet

Date: October 17, 2018
To:

Patrick A. Duhaney, Acting City Manager

From:

Captain Jeff rey L. Butler Jr., Training Section Commander

Copies to:
Subject :

Request for External Administrative and or Criminal Investigation: Public Records

On October 17, 2018 at 1300 hours, I met with Mr. Kevin Baute, Investigator with the State of Ohio
Auditor’s Office and Lieutenant Colonel (Ltc.)Teresa Theetge reference the Police Department Annual
Audit completed in February 2018. The purpose of the meeting was to review the Annual Audit calculations
submitted by Lieutenant Colonel David Bailey and myself.
Prior to the meeting, I received an email on October 11, 2018 at 0903 hours from Lieutenant Colonel
Theetge indicating (cut and paste from separate email) that Mr. Baute was requesting supporting
documentation for the Audit. Specifically:
“I will have my calculations and what I came up with at that time as well to compare. In preparation
for the meeting, I will probably want to take a copy of his calculations with me after the meeting to
review and for support. If that can be requested and ready for the meeting that would be helpful.”
On October 11, 2018 at 0938 hours, I responded via email to Ltc. Theetge requesting permission to contact
Mr. Baute for clarification on the agenda. Ltc. Theetge replied via email at 1343 hours the she would clarify
the request. (attached)
At 1344 hour, Ltc. Theetge replied via email:
“Just FYI. It is my understanding that he simply wants to know how you came up with the dollar
amounts that were listed in the audit.”
At 1347 hours, I replied via email
“There is a significant amount of documentation including notes, electronic files and paper copies.
plus files supplied by fiscal and ITMS that are in the bankers box
If I know specifically what he needs or have an agenda that will help. Otherwise we will spend a lot
of time just searching for specific.”
On October 16, 2018 at approximately 0845 hours, Ltc. Theetge with Captain Dennis Swingley contacted
me via telephone concerning the location of the Audit supporting documents. I advised the information was
clearly marked and secured at Inspections Section prior to the transfers of Lieutenant Barbara Young,
Sergeant Douglas Frazier and myself. Ltc. Theetge advised the documents could not be located.
On October 17, 2018, at 0740 hours, Captain Swingley advised he had conducted another search of the
Inspections Section offices and were unable to locate the documents.

 The lack of maintenance and securing the documents is significant and has been known to the Department
since at minimum June 13, 2018. Specifically: I was contacted by Captain Swingley via telephone
concerning the location of the documents pursuant to a request from Ltc. Theetge. I advised the
documents were maintained at Inspections Section. I advised a portion of the documents were available
from Assistant City Solicitor Julie Bissinger, pursuant to her representation of the City, Ltc. Paul Neudigate,
Ltc. Bailey and myself as related to an EEOC complaint filed by Captain Bridget Bardua.
On June 14, 2018 Captain Swingley advised via email:
“Ltc Theetge said she would ask Sarah Bissinger for the records.”
The lack of availability of the documents and inspections notes is a significant issue and places extensive
liability on the Police Department and the City of Cincinnati. These include but not limited to:





Adherence to Ohio Public Records Law
Compliance with a subpoena issued to the City the Cincinnati by the Hamilton County Grand Jury
on April 27, 2018.
Response and defense of the EEOC complaint filed by Captain Bardua for the City, Ltc. Neudigate,
Ltc. Bailey and myself.
Plaintiff and Defense response in the matter of Butler v. City of Cincinnati Ohio et al. Ohio Southern
District Court Case 1:17-cv-00604.

I respectfully request an independent external Administrative and or Criminal Investigation related to
securing and maintenance of Public Records as mandated by the Ohio Revised Code. I believe an
external investigation is necessary due in part to the conflict of interests presented in this document to
ensure the investigation integrity, the disclosure of additional information from witnesses employed by the
City of Cincinnati and to protect and preserve rights of individuals involved in administrative or legal
proceeding.

JLBJ