C H U L A V I S T A P O L I C E D E P A R T M E N T Professional Standards Unit COMPLAINT I DISPOSITION C o n f i d e n t i a l I D o c u m e n t Employee Namer Officer Michael Ingley (1) REPORT I ID # 1 1 9 1 I PS# 18-0284 The following violation(s)/complaint has been made: On April 8, 2 0 1 8 at approximately 0430 h o u r s , a citizen observed a marked C h u l a Vista Police vehicle and a uniformed officer meeting up with an unknown female at the 300 block of Moonview Avenue, C h u l a Vista. The citizen was able to provide a description of the uniformed officer. Based on the description of the officer a n d the specific shift that the incident occurred o n , the officer was later identified as Officer Michael lngley. A d d i t i o n a l l y , through the investigative process, the female was later identified as and l n g l e y were engaged in a dating r e l a t i o n s h i p . l n g l e y and The c o m p l a i n a n t watched as Officer walked together toward a s m a l l path whicbJed_up_a_bilLandJo_a_water...tower-�---, Approximately twenty-five minutes later, the same c o m p l a i n a n t watch Officer l n g l e y and back down the path and to their respective v e h i c l e s . Both walking and l n g l e y left the immediate area. D u r i n g the investigative process and after a s u b s e q u e n t interview, Officer l n g l e y admitted to having sexual intercourse and receiving oral sex w h i l e on duty. (2) The investigation has determined that: (Note Similar Sustained Violations): ( C o n d u c t U n b e c o m i n g of an Officer) On April 8, 2 0 1 8 at approximately 0430 h o u r s , Officer l n g l e y and his girlfriend 300 block of Moonview Drive. in full uniform. D u r i n g t h e i r meet, Officer l n g l e y and his girlfriend decided to engage in sexual activities. Officer l n g l e y and concealed themselves by w a l k i n g u p the h i l l that leads to a water tower. Once they were concealed from p u b l i c view, performed oral sex on Officer l n g l e y and then they engaged in sexual intercourse w h i l e Officer l n g l e y w a s on duty. had been observed. and the n e i g h meet at the Officer l n g l e y was on duty, driving a marked C h u l a Vista Police vehicle and The neighborhood was very upset based on what The n e i g h b o r s that reside around and near Moon View Drive felt that Officer l n g l e y engaged in the same activity that they were c o m p l a i n i n g about. Some of the comments that orhood made were, "They don't go up the h i l l when we call with trouble up there, but over the weekend one officer in his patrol car met h i s honey at 4am a n d they both went up the h i l l for about 25 minutes. It called priorities." Another message stated, "They weren't having coffee and d o u g h n u t s e i t h e r . " Officer l n g l e y ' s actions not o n l y discredited h i m s e l f and h i s position but were disgraceful. Officer l n g l e y discredited the C h u l a Vista Police Department as a w h o l e . Officer l n g l e y ' s conduct is d e t e r m i n e d to be in violation of: 647(a) P C , PDM 3 4 0 . 5 . 1 (c), PDM 3 4 0 . 5 . 4 ( b ) , P D M 3 4 0 . 5 . 8 ( i ) , PDM 3 4 0 . 5 . 9 ( h ) , A . 5 ) , CSR § 1 . 0 8 , PDM 3 4 0 . 5 . 9 ( m ) , C S R § 1 . 0 8 , (Paragraph A . 3 ) , C S R § 1 . 0 8 , (Paragraph (Paragraph A . 1 6 ) , which state: 1 - A California P e n a l Code Statute 647(a) PC An i n d i v i d u a l who solicits a n y o n e to e n g a g e in or who e n g a g e s in lewd or dissolute conduct in any p u b l i c place or in any place open to the p u b l i c or exposed to p u b l i c view. - S U S T A I N E D 1 - B PDM 3 4 0 . 5 . 1 LAWS, R U L E S A N D O R D E R S (c) V i o l a t i o n of federal, state, local or administrative laws, rules or r e g u l a t i o n s . -SUSTAINED 1 - C PDM 3 4 0 . 5 . 4 R E LA T I O N S H I P S (b) E n g a g i n g in on-duty sexual activity i n c l u d i n g , but not l i m i t e d to, s ex u a l intercourse, excessive d i s p l a y s of p u b l i c affection or other sexual contact. - S U S T A I N E D C H U L A V I S T A P O L I C E D E P A R T M E N T Professional Standards Unit C O M P L A I N T I D I S P O S I T I O N REPORT C o n f i d e n t i a l I Employee Name: Officer Michael Ingley D o c u m e n t ID # l l 9 1 I PS# 18-0284 1 - D PDM 340.5.8 PERFORMANCE (i) Any act o n - or off-duty that b r i n g s discredit to this d e p a rt m e n t . - S U S T A I N E D 1 - E PDM 340.5.9 CONDUCT (h) C r i m i n a l , d i s h o n e s t , or disgraceful conduct, w h e t h e r on- or off-duty, that adversely affects the member's r e l a t i o n s h i p with this d e p a rt m e n t . - S U S T Al N E D 1 - F PDM 3 4 0 . 5 . 9 C O N D U C T (rn) Any other on- or off-duty c o n d u c t w h i c h any m e m b e r knows or reasonably s h o u l d know is u n b e c o m i n g a m e m b e r of t h i s d e p a rt m e n t , is contrary to good order, efficiency or m o r a l e , or tends to reflect unfavorably u p o n t h i s department or - S U S T A I N E D its m e m b e r s . 1 - G C S R § 1 . 0 8 , Paragraph A Section 3: C o m m i s s i o n of a c r i m i n a l offense related to the job i n c l u d i n g moral turpitude or conduct a m o u n t i n g to a any felony or conviction for an offense r e q u i r i n g registration u n d e r PC 2 9 0 . - S U S T A I N E D 1 - H C S R § 1 . 0 8 , Paragraph A Section 5: Conduct of such a nature that it c a u s e s discredit to the agency or the e m p l o y e e ' s p o s i t i o n . - S U S T A I N E D 1 - 1 C S R § 1 . 0 8 , Paragraph A Section 1 6 : V i o l a t i o n of any d e p a rt m e n t r u l e , r e g u l a t i o n or p o l i c y . -SUSTAINED Previous S i m i l a r A l l e g a t i o n s or V i o l a t i o n s : Officer l n g l e y has no s i m i l a r a l l e g a t i o n s or v i o l a t i o n s : C H U L A V I S T A P O L I C E D E P A R T M E N T Professional Standards Unit COMPLAINT I DISPOSITION C o n f i d e n t i a l I D o c u m e n t Employee Name: Officer Michael Ingley (3) (4) (5) Disposition: REPORT I ID # 1 1 9 1 I PS# 18-0284 D Unfounded � Sustained on all counts D Exonerated D Not Sustained [83 Recommend Disciplinary Action (Check one) Action Taken (Check one) Discipline Imposed O Recommend No Disciplinary Action D Disci D Written Advise lina Action Taken as Noted O Written Reprimand (Checkone) O Suspension - Effective thru (Total hrs ___, [83 Other _Termination Date submitted for review: Sgt. John English #684 o Date ap Lt. Miriam Foxx #653 lo I 2 -z.. roved I re &, c:9 � (6) This Notice of Disciplinary Action was handed to (employ Off. Michael In le s prin #1191 Signature: Employee Signature Chief of Police D Subject of Action Ig Date presented to employee: d name): (7) Distribution (Check): /1 t, iewed: D Disciplinary File D HR Director Date presented to employee: D City Attorney P S # 18-0284 CHULA VISTA POLICE DEPARTMENT MEMORANDUM Officer Michael lngley #1191 DATE: June 18, 2018 TO: Lieutenant Miriam Foxx #653 FROM: Sergeant John English #684 SUBJECT: PS #18-0284 OFFICER (SJ INVOLVED: Officer Michael Ingley #1191 COMPLAINANT: Citizen Complaint Attachments: 1. Administrative Leave Notification 2. Administrative Investigation Notification 3. " R e a d e m a i l " notification by Officer l n g l e y 4. E m a i l from Lt. Rusty Rea 5. E m a i l exchange between Sgt. Meredith and 6. Sgt. Meredith's investigative write up 7. Sgt. Meredith's investigative notes 8. GPS coordinates for P46 on April 8, 2 0 1 8 9. Patrol Team 6 d a i l y roster for April 7, 2 0 1 8 1 0 . Policy and Procedure P D M 340 Conduct 1 1 . Administrative A d m o n i s h m e n t s with Lybarger and Miranda w a r n i n g s 1 2 . CVPD C a l l for Service- I n c i d e n t #180408L00031660 1 3 . Transcripts of Interviews with Officer l n g l e y 1 4 . D i g i t a l Evidence a. Audio recording with Officer l n g l e y b. Audio recording- follow up interview with Officer l n g l e y c. A u d i o recording d. Audio recording- follow up interview with 1 5 . Sgt. Deaner's investigative notes S u m m a ry of C o m p l a i n t : On April 8, 2 0 1 8 at approximately 0430 hours, a citizen observed a marked C h u l a Vista Police v e h i c l e and a uniformed officer m e e t i n g up with an unknown f e m a l e at the 300 block of Moonview Avenue, C h u l a Vista. the uniformed officer. The citizen was a b l e to provide a description of Based on the description of the officer and the specific shift that the i n c i d e n t occurred o n , the officer was later identified as Officer M i c h a e l l n g l e y . A d d i t i o n a l l y , through the investigative process, the female was later identified as and l n g l e y were e n g a g e d in a dating relationship. watched as Officer l n g l e y and The c o m p l a i n a n t alked together toward a s m a l l path which led up a h i l l and to a water tower. Approximately twenty-five m i n u t e s later, the s a m e c o m p l a i n a n t watched Officer l n g l e y and walking back down the path and to their respective v e h i c l e s . and l n g l e y left the i m m e d i a t e area. Both During the investigative process and after a s u b s e q u e n t interview, Officer l n g l e y admitted to having sexual intercourse and receiving oral sex w h i l e on duty. PD-591 City of Chula Vista, California Page I of 1 7 CHULA P S # 18-0284 VISTA POLICE DEPARTMENT MEMORANDUM Officer Michael lngley #1191 Witne 1. 2. 3. 4. 5. 6. 7. Captain Phil C o l l u m #544, C h u l a Vista Police D e p a r t m e n t , 3 1 5 Fourth Ave, C h u l a Vista, CA 9 1 9 1 0 , ( 6 1 9 ) 6 9 1 - 5 1 5 1 8. L i e u t e n a n t J o h n A u t o l i n o #973, C h u l a Vista Police Department, 3 1 5 Fourth Ave, C h u l a Vista, CA 9 1 9 1 0 , ( 6 1 9 ) 6 9 1 - 5 1 5 1 9. L i e u t e n a n t Rusty Rea #640, C h u l a Vista Police Department, 3 1 5 Fourth Ave, C h u l a Vista, CA 9 1 9 1 0 , ( 6 1 9 ) 6 9 1 - 5 1 5 1 10. Lieutenant M i r i a m Foxx #653, C h u l a Vista Police Department , 3 1 5 Fourth Ave, C h u l a Vista, CA 9 1 9 1 0 , ( 6 1 9 ) 6 9 1 - 5 1 5 1 1 1 . Sergeant J o h n E n g l i s h #684, C h u l a Vista Police Department, 3 1 5 Fourth Ave, C h u l a Vista, CA 9 1 9 1 0 , ( 6 1 9 ) 6 9 1 - 5 1 5 1 12. Sergeant Mark Meredith #646, C h u l a Vista Police Department, 3 1 5 Fourth Ave, C h u l a Vista, CA 9 1 9 1 0 , ( 6 1 9 ) 6 9 1 - 5 1 5 1 13. . Sergeant Jason Deaner #988, C h u l a Vista Police Department, 3 1 5 F o u rt h Ave, C h u l a Vista, CA 9 1 9 1 0 , ( 6 1 9 ) 6 9 1 - 5 1 5 1 Narrative: On May 7, 2 0 1 8 , I was informed that I would be t a k i n g over an administrative investigation which S e r g e a n t Meredith had been investigating. Prior to my involvement into t h i s matter, Sergeant Meredith provided the following narrative of his investigative efforts. The following has been provided by Sergeant M e r e d i t h : Sergeant Meredith's I n i t i a l Investigation " O n 0 4 / 1 3 / 1 8 I received notification regarding Officer l n g l e y ' s a l l e g e d activities on 04/08/18 at approximately 0430 h o u r s . T h i s notification was received via e m a i l u l t i m a t e l y from The o r i g i n a l RP wished to remain a n o n y m o u s . The RP alleges Officer l n g l e y , w h i l e on duty, drove his vehicle to the 400 block of Moonview, met with an unknown f e m a l e , who arrived approximately 1 m i n u t e before, then walked up the h i l l together. The RP stated Officer l n g l e y and the f e m a l e came back down the h i l l approximately 25 m i n u t e s later. The neighborhood felt that Officer l n g l e y and the unknown female met up at the 400 block of Moonview Drive to e n g a g e in sexual activities. The n e i g h b o r h o o d was very upset about t h i s incident specifically because they have generated calls for service with the police d e p a rt m e n t to address this type behavior from other members of the c o m m u n i t y . T h i s was also evident by the text message string that the neighborhood created. PD-591 City of Chula Vista, California Page 2 of 1 7 P S # 18-0284 CHULA VISTA POLICE DEPARTMENT Officer Michael Ingley #1191 MEMORANDUM On 0 4 / 1 0 / 1 8 Lt Rea printed the CAD report of 0 4 / 0 8 / 1 8 for Officer l n g l e y . The CAD does in fact show Officer l n g l e y putting h i m s e l f on extra patrol on the date and t i m e in q u e s t i o n . The CAD printout shows Officer l n g l e y at 0432 hours g o i n g on extra patrol on Moonview and g o i n g back into service at 0453 hours. Also on 0 4 / 1 0 / 1 8 Lt. Rea printed the G P S coordinates for Officer l n g l e y ' s marked C h u l a Vista P o l i c e vehicle ( P 4 6 ) . T h e v e h i c l e ' s G P S also confirmed Officer l n g l e y ' s location at Moonview at the approximate t i m e s . Lastly, the d a i l y roster showed Officer l n g l e y working on the n i g h t of 04/07/18 as 1 3 1 J and driving C h u l a Vista Police v e h i c l e P46. A d d i t i o n a l l y , Officer C. W a l s h ( 1 3 2 J ) , H . I n g r a m ( 1 4 1 J ) a n d D. Sachs ( 1 4 2 J ) were working in the same n i g h t as h i s sector p a rt n e r s . I contacted Officer l n g l e y and informed him that I would be requesting h i s appearance for an administrative interview which was set for May 7, 2 0 1 8 at 0500 h o u r s . Per the administrative paperwork which Officer l n g l e y received, he was m a d e aware that he had the right to representation d u r i n g the course of o u r interview, p u r s u a n t to AB 3 0 1 . I sent t h i s notification to Officer l n g l e y via e m a i l on 04/21 / 1 8 at approximately 0300 hours. On the same day, a short t i m e later, I c a l l e d Officer l n g l e y and informed h i m of the e m a i l and the investigation and ordered h i m not to t a l k about the i n v e s t i g a t i o n . At approximately 0306 h o u r s , I was notified by e m a i l that Officer l n g l e y acknowledged reading the e m a i l . On 0 4 / 2 8 / 1 8 , at approximately 1 9 0 0 h o u r s , I drove to the 400 block of W i n d rose to check for cameras on h o u s e s . I saw two houses had cameras on the exterior O n e other h o u s e stated it was u n d e r video s u rv e i l l a n c e d empty and but I d i d not see any cameras on the exterior. A d d i t i o n a l l y , on the same day, I e m a i l e d Lt. M a rt i n and Sgt. G i a i m e to see if any cameras are on the water tower. On 0 5 / 0 2 / 1 8 Lt. Martin notified me via e m a i l that the water tower on Moonview did not have cameras. On May 7, 2 0 1 8 at approximately 0500 h o u r s , Sgt. J E n g l i s h and I met with Officer l n g l e y and his l e g a l representative, identified as Brittany Collet. l n g l e y was provided with an administrati W avier, at w h i c h t i m e he i n v Lybar W g o ked. llowin g repo rt o present that I is a s u m m a W arning. A ft ry of the inte er providing the rv iew, p L h ic er iranda e ybarge r l e a s e see the transcript of I started the interview b y was recording the interview and then C M rdered to provide a statement and he c o m p l i e d . the interview for the exact w o r d i n g . recorder. A d d i t i o n a l l y , Mrs. Off e a d m o n i s h m e n t to i n c l u d e the Officer l n g l e y was t h e n provided with t er A d m o n i s h m e n t and Lybarger a r n i n g , Officer l n g l e y was The f o v ollet recorded the inte I notifyin g all p a rt ies activated my d i g i t a l rv iew as w e l l . STATEMENT OF O F F I C E R M. I N G L E Y : A ft er completing t h e s e lngle y . f orms, I t h e n b e I explained that a resident of W g a n d e t a i l i n g the c o m p l a i n t a g a i n s t i n d r o s e Ave, on 04/08/18 at approxi O ffi m ate y c er l 0400 hours watched as a v e h i c l e parked on Moonview and t h e n a s h o rt t i m e late a marked p o l i c e unit parked n e xt to the v ehicle. T he resident then watched as r a female from the i n i t i a l v e h i c l e a n d the p o l i c e officer walked up the h i l l . The resident s a i d they returned to t h e i r vehicles about 2 5 m i n u t e s later and th en le t f the area. PD-591 City of Chula Vista, California Page 3 of 1 7 P S # 18-0284 CHULA VISTA POLICE DEPARTMENT Officer Michael lngley #1191 MEMORANDUM I told I O ff i c e r had in GPS lngley fact using determined complaining Moonview have h i l l The or entire such, the enacted lights, time. to I then and Lt. he girl, he out" of of and stated if O ff i c e r lngley stated website he was lngley unable his to since blocked week he once a ft e r . paid asked O ff i c v e m i r she along that water O ff i c e r I was near taking having was 400 place. sex his his only is 5 and putting on as have up limiting conduct that tower. extra an street parking patrols sex and he to his Hispanic inches on his duty) or be Officer me if he Plenty of began beat phone beat to hug p a rt n e r s p a rt n e r s a before. his work willing lngley few female, tall, they lngley stated were decision. would give O ff i c e r lngley website lngley said (having account. 6 the stated impulsive personal able feet lngley morning. O ff i c e r on O ff i c e r an this phone with years D e p a rt m e n t Moonview lngley asked O ff i c e r this done about live activity many officers , do. was for occurred the sex. stated n f ted to have me blocked with phone, her but medical Officer to did curly I asked phone. show show details medium with He stated money her up they to they O ff i c e r on before for lngley said down continued week us me about complexion, hair tell with the her me were lngley I s. I ? kind h i l l Ing app he before said of for Offi O ff i c e r asked and a why said met this he sex her cer him a lngley lngley he what City of Chula Vista, California Snap not I could Chat have and again, Sgt. if he her has three the English asked not. did blow how stated then so believed approximately and they " her did incident. did act he lngley he "Text Now" called approximately lngley O ff i c e r ey before, O ff i c e r lngley Moonview gave asked asked on lngley stated her. s the an me, her once what on ground dre sex weeks and telling O ff i c e r I O ff i c e r O ff i c e r used meeting had sex. he by number. several for asked said number declined. assistant lngley her phone he I intercourse laid li He her tes a her. O ff i c e r u cell as the lngley aginal they but P46's problems. h i l l , personal old, signs on along conducted. and resident that Namely, as and was number, times, 15 he provide personal name phone I his years claimed worked user if on the Moonview Police problem. what to the never on was butt". O ff i c e r see has account, 27 up contacted However, approximately these to illegal this Vista requested had doing about this placing of they vehicle Chula explain top (Plenty of Fish) Plenty of Fish "big he the her planned was lngley to that residents about up printout use. identified the he he and follow CAD officer the times their the the explain, combat have some roster, was complained took then what what to drug resolve later to lngley . red I on and to lngley O ff i c e r his had and and O ff i c e r the PD-591 girl who aware unaware a climbing "made were curb O ff i c e r met After the M a rt i n lngley) parking Vista measures complaint patrol numerous and neighborhood asked went juveniles vehicles Chula several the the Fish. of painting stated then the daily ( O ff i c e r neighborhood Also, help met their City 6 complained mostly in he I receiving Team that about. Specifically, the since the 1 j 5 while ob this " and was pulled led up minutes up he t he uring h i l l . this had accomplished, his to on . D pants them down having if and sex. Page 4 of 1 7 CHULA P S # 18-0284 VISTA POLICE DEPARTMENT Officer Michael lngley #1191 MEMORANDUM Officer l n g l e y s a i d he d i d not p l a n to have sex with her, but throughout the n i g h t would send h i m videos of her m a s t u r b a t i n g . He b e l i e v e d they would go up to h i l l , but o n l y to kiss a n d h u g . Officer l n g l e y d i d say it was h i s i d e a to use M o o n v i e w as the location to meet. Officer l n g l e y also stated he placed h i m s e l f on extra patrol on Moonview and he was aware of the problems that occur on Moonview. Sgt. E n g l i s h asked if he was aware of the policy against h a v i n g sex on duty? Officer l n g l e y s a i d he was not specifically aware of t h i s policy, but believed there was a policy against h a v i n g sex on duty. I t h e n asked Officer l n g l e y if he had a n yt h i n g else he wanted to say. Officer l n g l e y s a i d , it was a bad decision and i m p u l s i v e d e c i s i o n and s h o u l d not have done it. I terminated the interview at this p o i n t . " Sergeant E n g l i s h ' s Investigation On May 8, 2 0 1 8 , I was informed that Officer l n g l e y was c a l l e d into the police d e p a rt m e n t on May 7, 2 0 1 8 in order to meet with Lt. Foxx and S g t . D e a n e r . Officer l n g l e y was placed on administrative leave and served with official notification. P l e a s e refer to attachment #1. I was also informed that Officer l n g l e y was asked if he could provide the t e l e p h o n e n u m b e r for . Officer l n g l e y ' s l e g a l representative (Brittany Collett) was contacted a n d she advised Officer l n g l e y to present the t e l e p h o n e n u m b e r to Lt. Foxx. Officer l n g l e y was u n a b l e to provide the telephone n u m b e r for because he had deleted her contact information a n d her f r i e n d s h i p from " S n a p c h a t " . aware of Officer l n g l e y was "Snapchat" profile and messaged her through t h i s application i n order to reconnect with her. After b e i n g served with the administrative leave paperwork, Officer l n g l e y surrendered h i s duty w e a p o n , p o l i c e facility access card and official police identification. Those items were presented to Lt. Foxx. I n order to assist me in my investigation, Sergeant Meredith provided his documentation p e rt a i n i n g to this investigation. Those items i n c l u d e d : 1 . Administrative Investigation Notification (attachment #2) 2. Read e m a i l notification by Officer l n g l e y (attachment #3) 3. E m a i l from Lt. Rusty Rea (attachment #4) 4. E m a i l exchange Sgt. Meredith a n d 5. Sgt. M e r e d i t h ' s investigative write u p . (attachment #6) (attachment #5) 6. CVPD CAD I n c i d e n t Report # 1 8 0 4 0 8 L 0 0 0 3 1 6 6 0 (attachment # 1 2 ) 7. G P S coordinates for P46 on April 8, 2 0 1 8 (attachment #8) 8. Administrative a d m o n i s h m e n t (attachment # 1 1 ) 9. Sergeant M e r e d i t h ' s notes (attachment #7) 1 0 . Patrol Team 6 d a i l y roster for April 7, 2 0 1 8 (attachment #9) 1 1 . Audio recording Interview with Officer l n g l e y (attachment # 1 4 - a ) On May 8, 2 0 1 8 at approximately 0930 hours, Officer l n g l e y contacted m e . l n g l e y informed me that telephone number. PD-591 Officer had contacted h i m a n d s h e provided her The p h o n e n u m b e r which was provided is noted as of City of Chula Vista, California Page 5 of 1 7 CHULA P S # 18-0284 VISTA POLICE DEPARTMENT Officer Michael Ingley #1191 MEMORANDUM D u r i n g the i n i t i a l i n v e s t i g a t i o n , Sergeant Meredith had been in conversation with citizen , a n e i g h b o r that lived in the v i c i n i t y of 300 Moonview Drive, C h u l a ave reviewed, . T h i s i n c i d e n t i n v o l v i n g Officer l n g l e y was o r i g i n a l l y reported to by a n e i g h b o r . was contacted and informed of the i n c i d e n t by a n e i g h b o r identified as . en the n i g h t of the i n c i d e n t (April 8, 2 0 1 8 ) , it was reported that notice Officer l n g l e y and watched Officer l n g l e y and later. h a p p e n e d to meet up at the 300 b l o c k of Moonview Drive. walk up a h i l l and then return s o m e t i m e felt that this was u n u s u a l a n d reported the activities to however he wished to r e m a i n a n o n y m o u s . On April 9, 2 0 1 8 at approximately 2 1 3 3 hours, C h u l a Vista P o l i c e D e p a rt m e n t via an e m a i l . provided official notification to the T h i s e m a i l is listed as attachment #4. The e m a i l states the f o l l o w i n g : " D e a r P u b l i c O ff ic ials: T h i s weekend at 4 a . m . on Moonview Drive t h i s i n c i d e n t with a CVPD patrol officer and woman was watched by a homeowner. You want to talk about bad p u b l i c relations (no pun i n t e n d e d ) fn o u r n e i g h b o r h o o d , this will do it. T h i s was a text m e s s a g e exchange in our n e i g h b o r h o o d . " Followed up with screen shots of text messaging: They don't go up the hill when we call with troublo up there. but over the weekend one omcer in his patrol car met his honey al 4am and they both went up the hill for about 25 minutes. It's called priorities. I was watching the whole thing. I was morning here and told him about it. so mad. Saw another officer the r.�xt I almost called 9i l at <1am. - Yeah another who was a I.ad:,,. They weren't havlng coffee and doughnuts ci!ltN. The other car was a private persons car. The cop car drove down the street without lights one minute after the gal showed up. The reason I saw this was I got up to piss. The c o p s only go up the h i l l when they are getting some action PD-591 City of Chula Vista, California e Page 6 of 1 7 CHULA P S # 18-0284 VISTA POLICE DEPARTMENT Officer Michael Ingley #1191 MEMORANDUM D u r i n g the i n i t i a l investigation, Sgt. Meredith e m a i l e d on a few o c c a s i o n s . Their conversations are noted on the following pages a n d they are listed as attachment #5. Per the e m a i l e x c h a n g e , Sgt. Meredith was attempting to locate potential witnesses and v i d e o footage from r e s i d e n t i a l c a m e r a s . that live in the i m m e d i a t e area. The following provided several n a m e s of the residents rs the e m a i l e x c h a n g e between and Sgt. M e r e d i t h : From: Sent: Sunday, April 29, To: Mark Meredith Subject: Re: Re: Hi Sgt. Meredith: Have you tried knocking on door and speaking with him directly? Letting him know that you are taking his concern very seriously and that you are in charge of follow-up? I do not know the woman's description. I don't know if can see that distance. He far end of the cul-de-sac. If nd they were down in the is in the driveway, he is home. Thanks for your follow-up. It is appreciated. hts in the home for a few months but there are people r who live in that home. Their trash cans are always filled. east side of that home, I believe, her name is The neighbor on the knows and may have his phone number. They just moved back into the home after a fire gutted their garage. They do have working cameras. PD-591 City of Chula Vista, California Page 7 of 1 7 CHULA Officer Michael lngley #1191 MEMORANDUM On Sat, Apr 28, P S # 18-0284 VISTA POLICE DEPARTMENT 2 0 1 8 at 2:27 AM, Mark Meredith wrote: I do have some more questions for you. First, would it be possible to provide a better description of the female, such hair color, height, have age, what she was wearing etc? Also, I was out on Windrose tonight and saw two houses that had cameras, the first was the next was I plan on knocking on their doors tomorrow to see if they have video of the incident. wondering if you knew the name of these residence. Also I was has a sign that said video taping is in progress but I did not see any cameras. Thanks again for all the help, Sgt. M. Meredith From: Sent: Sunday, April 22, 2 0 1 8 4:55 AM To: Mark Meredith Subject: Re: No that is who walks his dog, from this location. Jives over on too far There is no one on Windrose Way that lives close enough to Moon view Drive that I know of that has security cameras. On Sun, Apr 22, 2 0 1 8 at 1 : 1 0 AM, Mark Meredith wrote: Good morning, I was told he wished to remain anonymous. Is that walks his dogs early in the morning? If so I do remember him. I was wondering not only if he had video, but if any other neighbors had camera on their houses that may have captured the incident. Nice to hear from you again. Sgt. M Merdith On Apr 2 1 , 2018, at 8:48 PM, wrote: Hi Sgt. Meredith: I am surprised that Capt. Collum did not provide you with information. No, You met PD-591 does not have video surveillance cameras installed. at your Sunday evening gathering a few weeks back. City of Chula Vista, California Page 8 of 1 7 CHULA P S # 18-0284 VISTA POLICE DEPARTMENT Officer Michael lngley #1191 MEMORANDUM I forwarded your email to ife email address and hopefully she receives it and they respond. Sincerely, On Sat, Apr 2 1 , 2 0 1 8 at 5:20 AM, Mark Meredith wrote: Good morning, I am Sgt M. Meredith with the Chula Vista Police. I have been assigned to investigate your complaint regarding the officer's actions on 04/08/18. I was wondering if any of your neighbors have cameras that face the street and may have captured this incident. If you could let me know this would be extremely helpful. If you have any other questions, please feel free to email me. I have met with several of the neighborhood watch members in the past, regarding other issues. Thank you, Sgt. M. Meredith Team 6 Friday-Sunday, 1830-0700." Based on this information, Sgt. D e a n e r assisted me by conducting a follow up i n the n e i g h b o r h o o d with the residents that live n e a r and around Moonview Drive. Sgt. Deaner canvased the n e i g h b o r h o o d specifically to see if video footage could be located regarding t h i s i n c i d e n t . Sergeant D e a n e r was a b l e to canvas the area and spoke to several of the n e i g h b o r s which were provided by . Sgt. D e a n e r made contact at the following address: 1 . 2. 3. 4. 5. 6. 7. Based on h i s conversation with n e i g h b o r s , Sgt. D e a n e r told me that there was o n l y one u rv e i l l a n c e camera on his property. T h i s property was identified as and it is the residence to Sgt. D e a n e r informed me that the residence had cameras on the garage which m i g h t have captured the incident. Sgt. D e a n e r ' s investigative notes are listed as attachment #15. On May 1 0 , 2 0 1 8 , Sgt. D e a n e r met with at h i s residence to d i s c u s s h i s s u rv e i l l a n c e camera a n d v i d e o footage. and Sgt. D e a n e r looked t h r o u g h the video footage and were u n a b l e to find any footage that may have captured the i n c i d e n t . PD-591 City of Chula Vista, California Page 9 of 1 7 P S # 18-0284 CHULA VISTA POLICE DEPARTMENT Officer Michael Ingley #1191 MEMORANDUM On the following p a g e , is an overhead a e r i a l view of t h e 400 block of Windrose Way, C h u l a Vista, CA. The overhead identifies t h e residence of the reporting party ( well as the r e s i d e n c e ( ) as ) where the s u rv e i l l a n c e c a m e r a w a s located. 400 B l o c k of W i n d r o s e Way, C h u l a Vista On May 1 0 , 2 0 1 8 at approximately 1 2 1 0 h o u r s , I contacted t e l e p h o n e n u m b e r that Officer l n g l e y p r o v i d e d . via the was not a v a i l a b l e so a v o i c e m a i l message was left. At approximately 1 8 3 0 h o u r s , I checked my v o i c e m a i l messages and realized that h a d left me a return v o i c e m a i l m e s s a g e . indicated on the m e s s a g e that she was u n a b l e to answer or check h e r v o i c e m a i l s because of h e r work s c h e d u l e . aid say that she was a v a i l a b l e if I wanted to contact her. I then c a l l e d back and spoke to h e r reference this i n v e s t i g a t i o n . my position and the necessity of d o c u m e n t i n g t h i s i n v e s t i g a t i o n , that s h e would cooperate and elected to provide a statement. s u m m a ry of the conversation that I had with PD-591 After e x p l a i n i n g informed me The following is a . City of Chula Vista, California Page 10 of 1 7 CHULA P S # 18-0284 VISTA POLICE DEPARTMENT Officer Michael lngley #1191 MEMORANDUM Statement o was in a dating r e l a t i o n s h i p for approximately three months with Officer M i c h a e l lngley. According to she met " M i k e " about six m o n t h s ago but for the first three months they were just "talking". told me that s h e met Officer l n g l e y on a d a t i n g website c a l l e d , "Plenty of F i s h " . I asked to describe Officer l n g l e y to m e . describes Officer l n g l e y as a C a u c a s i a n m a l e , approximately 5'7" in h e i g h t , b l o n d e h a i r , b l u e eyes with a m u s c u l a r b u i l d . estimates that l n g l e y is approximately 27 years old. D u r i n g t h e i r dating r e l a t i o n s h i p , Officer l n g l e y told h e r that he was a p o l i c e officer. According to , they had g o n e out on a few dates but never w h i l e Officer l n g l e y r . was on duty. d i d say that she met up with Officer l n g l e y one n i g h t after she had f i n i s h e d at her job. is in the m e d i c a l field and went on further to explain that she works for and rotates from one facility to another. On t h i s o n e p a rt i c u l a r n i g h t , was in C h u l a Vista and near the "Jack in the Box" located n e a r the 300 block of East H Street (Terra Nova S h o p p i n g Center). picked up food and was s p e a k i n g to Officer l n g l e y o n the p h o n e . offered to pick h i m u p a h a m b u r g e r and the two agreed to meet. According to s h e was not f a m i l i a r with the area so Officer l n g l e y provided her directions to an area that was n e a r the Terra Nova s h o p p i n g area. d i d not know the street that Officer l n g l e y asked her to drive to but describes it as a quiet r e s i d e n t i a l area with a park. also remembers driving up a large h i l l to get to the area. area which was described by The is consistent to the area which surrounds Windrose Way and Moonview Drive . . When arrived i n the area, she noticed a marked C h u l a Vista Police v e h i c l e and a s s u m e d that it was Officer l n g l e y . Officer l n g l e y was a short distance ahead of h e r and the police v e h i c l e parked on the street. followed from b e h i n d a n d then parked her vehicle. a n d Officer l n g l e y got out of t h e i r v e h i c l e s and the two b e g a n eating t h e i r food. As they were eating and t a l k i n g , s a i d that she and Officer l n g l e y b e g a n t a l k i n g and k i s s i n g . After e m b r a c i n g and k i s s i n g , Officer l n g l e y and level. According to decided to take it to the next , she and Officer l n g l e y walked up a road that was on a h i l l . and Officer l n g l e y did not walk all the way up the h i l l . said that she was wearing her "scrubs" and she took off her jacket. I asked whose i d e a it was to e n g a g e in this type of activity. was more of m e . " busy s c h e d u l e s . According to r e p l i e d , "it the two of them are always working and have a n d Officer l n g l e y spoke about having sex and the two agreed to e n g a g e in sexual activity. I asked what type of sexual activity they e n g a g e d i n . and Officer l n g l e y had intercourse and s h e performed oral sex on h i m . PD-591 City of Chula Vista, California Page 11 of 1 7 CHULA P S # 18-0284 VISTA POLICE DEPARTMENT Officer Michael Ingley #1191 MEMORANDUM I asked if said that threatened and wasn't to her free this it was During in my any i n t e rv i e w immediately think we form after made that of was this was to , sex the she with lngley first never told her. and while me After choice." was me that that time was they in on also sexual and she and free encounter. acts, never was felt and O ff i c e r never that was she v o l u n t a ry on lngley duty. lngley sex, upset consensual it O ff i c e r had a any restrained only he was engage told behavior with right Officer forced questioned, sexual having the with not afraid. When. said engaged encounter was not leave. p a rt . sexual was. showed Officer that she remorse lngley made said, the "I don't wrong choice. told her what about his dating me he name they About knew O ff i c e r living. lngley said identified a month that ago himself is to their too O ff i c e r said the because she wanted ended dating, also relationship I she a and s t a rt e d "settle". he for was that as a police when they officer initially "Mark". said because met, that he O ff i c e r this is initially lngley told did common lie on websites. When said that did that two ended O ff i c e r busy does believed relationship and she initially lngley their lngley and talk. lngley O ff i c e r a person have that told not her a that v e ry he open relationship. was not is the O ff i c e r blocked him said that time wanted to lngley from just talk was to to wanted that talk they all O ff i c e r date the ended and their time. lngley needy. contacting to person. as and much as lngley her. ' Most recently reached on a out O ff i c e r lngley to second about i n t e rv i e w I had number and asked her to number and asked her to Other than attempted the to was e asked or lnstagram it out weeks her. to to request social as using ago O ff i c e r h i m . (this is lngley O ff i c e r respond. contact about noted two with text "Snapchat" speak is readied her phone that said her Officer estimate). said lngley texted for an "Snapchat". that phone number, he clarified wanted he had number Officer lngley her a to lngley new phone O ff i c e r has this phone lngley. not . media. has LL Foxx an and I lnstagram verified this profile. The information profile and found profile. • PD-591 City of Chula Vista, California Page 12 of 1 7 CHULA P S # 18-0284 VISTA POLICE DEPARTMENT Officer Michael lngley #1191 MEMORANDUM d i d tell me in the interview that s h e wanted to apologize to the d e p a rt m e n t . I c o n c l u d e d my interview. D u r i n g t h e week of May y!h, I contacted the Law Offices of Adams Ferrone & Ferrone and advised t h e m that we needed to conduct a follow up interview with Officer l n g l e y . Based on s c h e d u l e s , Officer l n g l e y ' s appointed attorney (Brittany Collett) was not a v a i l a b l e for the second interview which I wanted to conduct on May 1 1 , 2 0 1 8 . I was advised that a n o t h e r attorney, identified as J o h n Kristofferson would be a v a i l a b l e a n d would step i n to represent Officer l n g l e y on the second interview. The interview t i m e was s c h e d u l e d for 1 1 0 0 h o u r s on May 1 1 , 2 0 1 8 . On May 1 1 , 2 0 1 8 , I provided l e g a l representative J o h n Kristofferson and Officer l n g l e y a transcribed copy of Sgt. Meredith's first interview as well as the a u d i o recording from the s a m e interview. I provided Kristofferson a n d l n g l e y the t i m e to l i s t e n to the recording in its entirety and t i m e to look over the transcript. At approximately 1 2 2 6 hours and prior to Officer l n g l e y ' s second recorded statement, he was m a d e aware that this was a follow up to o u r first administrative interview and referenced the s a m e investigation which centered around conduct u n b e c o m i n g and falsifying p o l i c e records. The first administrative a d m o n i s h m e n t a p p l i e d and he was b e i n g compelled to provide a statement today. Officer l n g l e y understood and provided a statement. Second Statement provided by Officer lngley I asked Officer l n g l e y how often he used the website "Plenty of Fish" or any other s i m i l a r dating website w h i l e " O n duty". frequently." Officer l n g l e y i n i t i a l l y responded by s a y i n g , "Not Officer l n g i e y d i d not h e a r the question correctly and it was clarified that he had used these dating websites but not w h i l e he was " O n duty". Officer l n g l e y s a i d that his use of dating websites was around the t i m e he met but has not used them s i n c e . W h e n he i n i t i a l l y met on "Plenty of Fish" he was not working and off-duty. I then asked Officer l n g l e y why he decided to block his sexual e n c o u n t e r . from h i s account after Officer l n g l e y s a i d that after t h e i r encounter, they c o n t i n u e d to " h a n g out" but it did not seem to be a g o o d , l o n g term r e l a t i o n s h i p so he cut his r e l a t i o n s h i p off with her. I asked Officer l n g l e y why it was a necessity to block her. Officer l n g l e y s a i d that it was s o m e t h i n g he d i d to keep h i m s e l f from contacting her. I t h e n asked Officer l n g l e y if there was a n yt h i n g that h a p p e n e d between the two of them s u c h as an a r g u m e n t . Officer l n g l e y s a i d would get upset with h i m if he d i d n o t respond to text messages right away but nothing of s i g n i f i c a n c e . D u r i n g h i s d a t i n g relationship with m e s s a g e h i s personal p h o n e . , Officer l n g l e y told us that s h e would o n l y text never text m e s s a g e d h i s department p h o n e . According to Officer l n g l e y , he no l o n g e r had any text m e s s a g e s , videos or photographs from . Officer l n g l e y said that t h i s information was deleted once he blocked h e r on "Snapchat." PD-591 City of Chula Vista, California Page 13 of 1 7 CHULA P S # 18-0284 VISTA POLICE DEPARTMENT Officer Michael lngley #1191 MEMORANDUM Officer l n g l e y s a i d that when he re-added h e r as a "Snapchat" friend, s o m e random m e s s a g e s d i d populate in the a p p l i c a t i o n . T h e s e messages no l o n g e r exist. I know from personal experience that "Snapchat" m e s s a g e s are deleted once the receiving party reviews the m e s s a g e . There is o n l y a short retention v a l u e on m e s s a g e s a n d photographs received t h r o u g h the a p p l i c a t i o n " S n a p c h a t " . I then focused Officer l n g l e y ' s attention to o u r first interview. the first interview that Officer l n g l e y m e n t i o n e d in wanted to meet in a " q u i t e spot". I asked Officer l n g l e y 1 why m i g h t want to meet at a q u i e t spot on April 8 h. Officer l n g l e y m e n t i o n e d that they have conflicting s c h e d u l e s and w h i c h m a k e s it hard for them to see each other. that has c h i l d r e n On April 8, 2 0 1 8 , Officer l n g l e y said offered to bring h i m food from "Jack in the Box". Officer l n g l e y suggested Moonview Drive because it was in h i s beat area and d i d not know of any other q u i e t spot where they could meet u p . in sexual activity with Officer l n g l e y told me that it was not his intention to e n g a g e . I asked Officer l n g l e y how found out that he was a C h u l a Vista P o l i c e Officer. Officer l n g l e y s a i d that it was disclosed d u r i n g a conversation that the two of them had on the t e l e p h o n e at the b e g i n n i n g of t h e i r r e l a t i o n s h i p . I asked Officer l n g l e y w h i c h social m e d i a sites he h a d . Officer l n g l e y indicated that he had "Facebook" and " l n s t a g r a m " . Officer l n g l e y was asked if he was on any other social m e d i a dating websites. Officer l n g l e y said that he used to be on "Tinder'' some t i m e ago and had b e e n on " P l e n t y of Fish". I t h e n asked Officer l n g l e y if he had any pictures of h i m s e l f or a n yt h i n g that identifies h i m s e l f as a C h u l a Vista Police Officer on these websites. Officer l n g l e y s a i d , " N o " . Officer l n g l e y was then asked about h i s intention and reason for notifying the C h u l a Vista P o l i c e D e p a rt m e n t dispatch center on April 8, 2 0 1 8 of his "extra patrol" at 0432 hours. Officer l n g l e y said that he did conduct an extra patrol and walked up to the water tower. Officer l n g l e y told me that was with h i m at the t i m e . I then asked Officer l n g l e y if he considered t h i s to be an effective "Extra patrol" or if he put h i m s e l f on "Extra patrol" to conceal h i s activity with was to conceal his " m e e t i n g up" with . Officer l n g l e y said that it . We know from the official CVCAD i n c i d e n t report # 1 8 0 4 0 8 L 0 0 0 3 1 6 6 0 that Officer l n g l e y went out on "Extra patrol" at 300 Moonview Drive at approximately 0432 hours a n d cleared at 0453 h o u r s . The "Extra patrol" accounts for a total of 2 1 minutes. I asked Officer l n g l e y if he ever took a picture of h i m s e l f w h i l e in a police uniform w h i l e performing s e x u a l activities. Officer l n g l e y s a i d , " N o . " Officer l n g l e y d i d say that he has texted sexually explicit material of h i m s e l f but never in h i s uniform. PD-591 City of Chula Vista, California Page 14 of 1 7 CHULA P S # 18-0284 VISTA POLICE DEPARTMENT Officer Michael lngley #1191 MEMORANDUM In conclusion not want to if of O ff i c e r not lngley for told has the say In in what purse The had i n t e rv i e w O ff i c e r lngley On April lngley assigned O ff i c e r hour lngley her was wanted and told said, to me if Officer asking most this he for will "No". I asked and him that asked O ff i c e r to her she O ff i c e r lngley phone contact if assist in number with this did lngley he ever and has was administrative coached said, his not for recent ever lngley apologize that I told "No". number asked said, "No". than lngley's phone also ever lngley said, other Officer investigation. lngley had subscribed lngley 2 0 1 8 , met lngley Officer duty Team lngley's s h i ft , O ff i c e r O ff i c e r lngley if or told her what "No". behavior happen and said that he was s o r ry again. Findings on to O ff i c e r obtaining lngley this O ff i c e r 7, was of done Officer interaction, activity. stop. lngley concluded. Investigative website, sexual to O ff i c e r contacted O ff i c e r O ff i c e r he asked investigation. reference closing, for I . not this investigation. to in him restrained disclosed solely i n t e rv i e w p a rt i c i p a t e ever physically my and 6 call to the r e p o rt e d on the April in a 7, his o ff i c i a l was 2 0 1 8 a 1830 dating Fish". as roster hours and using on this their relationship. On as " 1 3 1 J". While Based assigned capacity. police listed at of . regular uniformed an day for "Plenty as began listed for on website identified an lngley and dating woman working sign beginning a work this being O ff i c e r ending day. p a rt i c u l a r Officer day assigned lngley's on April beat s h i ft 8, he is " 3 1 " . a 2 0 1 8 was at 1 2 . 5 - 0700 hours. On April 8, 2 0 1 8 were had eat just at the "Jack immediate of Office r vehicles As this to and began area to will to socialize to 300 Street hours, other of 300 food. and O ff i c e r with lngley their employment the Chula block Officer provided Vista with . food O ff i c e r and and personal and of was East lngley H his girlfriend cellular grabbing St, Chula happened directions to phones. something be for to Vista. in to the drive to block of the lngley began to a d over and to the Officer as 300 lngley exited their ) and . watch Drive surround vehicle brought. (identified suspicious cause Police Both which Moonview that r e p o rt and at lngley neighbor residents D e p a rt m e n t PD-591 a occurrence the H the o b s e rv e Police go up eat surrounding for place located marked m et occurring, strange common E ast 0430 each Drive. his to her O ff i c e r 300 and with at Box", bring drove happened The s h i ft the of D rive was a Moonview ngley Moonview in area 300 l approximately completed off ered area at communicating is 300 the a The two them problematic Moonview activity. of n area Drive Commonly from it to is for call an his the the area window. residents. Chula It is V ista where j uveniles isturbance. City of Chula Vista, California Page 15 of 1 7 CJ/ULA P S # 18-0284 VISTA POLICE DEPARTMENT Officer Michael lngley #1191 MEMORANDUM As Officer l n g l e y and were t a l k i n g , they b e g a n to embrace each other a n d t h e n they started k i s s i n g . and Officer l n g l e y d e c i d e d to walk up the h i l l w h i c h is just west of Moonview Drive. U l t i m a t e l y the h i l l leads to a water tower which is centered at the top of the h i l l . and Officer l n g l e y d e c i d e d that they were g o i n g to go up the h i l l in order to e n g a g e in sexual activity. I n order to conceal h i s activities with , Officer l n g l e y advised the C h u l a Vista P o l i c e D e p a rt m e n t d i s p a t c h center that he was g o i n g to be on an "Extra patrol" of the area. Once a n d Officer l n g l e y were no l o n g e r in view, t h e n she performed oral sex on Officer l n g l e y . took off h e r jacket and After the oral sex, a n d Officer l n g l e y e n g a g e d in sexual intercourse. After t h e i r encounter, Officer l n g l e y and vehicles. walked back down the h i l l to t h e i r T h e n e i g h b o r across the street was s t i l l watching and b e l i e v e d that Officer l n g l e y and had g o n e up the h i l l a n d possibly e n g a g e d in sexual activity. was evident This y the string of messages which were sent t . Based on the text message string it is very apparent that the neighbors that live in the vicinity of 300 Moonview Drive are upset about t h i s i n c i d e n t . This n e i g h b o r h o o d has placed numerous c a l l s for service to the p o l i c e d e p a rt m e n t . Typically the calls for service center around i n d i v i d u a l s that are e n g a g e d in sexual activity, d i s t u r b a n c e s , and u n d e r a g e d r i n k i n g to n a m e a few. D u r i n g the administrative interviews, both actions. a n d Officer l n g l e y apologized for t h e i r Officer l n g l e y a l s o took ownership and responsibility for his actions and cooperated d u r i n g this investigation. Disposition of Alleged V i o l a t i o n s : The following section of. the Police D e p a rt m e n t Manual (PDM), Civil Service Rules ( C S R ) has been a l l e g e d and is disposed h e r e i n : ( C o n d u c t U n b e c o m i n g of an Officer) On April 8, 2 0 1 8 at approximately 0430 h o u r s , Officer l n g l e y and his girlfriend meet at the 300 block of Moonview Drive. Officer l n g l e y was on duty, driving a marked C h u l a Vista Police v e h i c l e and in full uniform. D u r i n g t h e i r meet, Officer l n g l e y a n d h i s girlfriend d e c i d e d to e n g a g e in sexual activities. Officer l n g l e y and concealed t h e m s e l v e s by w a l k i n g up the h i l l that l e a d s to a water tower. Once they were concealed from p u b l i c view, performed oral sex on Officer l n g l e y and then they e n g a g e d in sexual intercourse while Officer l n g l e y w a s on duty. very upset based on what had been o b s e rv e d . n e a r Moon View Drive felt that Officer l n g l e y and that they were c o m p l a i n i n g about. T h e n e i g h b o r h o o d was The n e i g h b o r s that reside around and e n g a g e d in the same activity S o m e of the comments that the n e i g h b o r h o o d m a d e were, "They don't go up the h i l l when we call with trouble up t h e r e , but over the weekend one officer in h i s patrol car met h i s honey at 4am and they both went up the h i l l for about 25 m i n u t e s . It c a l l e d priorities." and d o u g h n u t s e i t h e r . " Another m e s s a g e stated, "They weren't h a v i n g coffee Officer l n g l e y ' s actions not only discredited h i m s e l f and his position but were disgraceful. Officer l n g l e y discredited the C h u l a Vista Police D e p a rt m e n t as a w h o l e . PD-591 City of Chula Vista, California Page 16 of 1 7 . P S # 18-0284 CHULA VISTA POLICE DEPARTMENT MEMORANDUM Officer Michael lngley #1191 Officer l n g l e y ' s conduct is determined to be in violation of: 647(a) P C , P D M 3 4 0 . 5 . 1 (c), PDM 340.5.4(b), PDM 3 4 0 . 5 . 8 ( i ) , PDM 3 4 0 . 5 . 9 ( h ) , PDM 340.5.9(m), C S R § 1 . 0 8 , ( P a r a g r a p h A . 3 ) , CSR § 1 . 0 8 , (Paragraph A . 5 ) , CSR § 1 . 0 8 , (Paragraph A . 1 6 ) , which state: 1-A California P e n a l Code Statute 647(a) PC An i n d i v i d u a l who solicits anyone to e n g a g e in or who e n g a g e s in lewd or d i s s o l u t e conduct in any p u b l i c place or in any place open to the p u b l i c or exposed to p u b l i c view. -SUSTAINED 1-B PDM 340.5.1 LAWS, R U L E S AND O R D E R S ( c) Violation of federal, state, local or administrative laws, rules or r e g u l a t i o n s . -SUSTAINED 1 - C PDM 340.5.4 RELATIONSHIPS (b) E n g a g i n g in on-duty sexual activity i n c l u d i n g , but not l i m i t e d to, sexual intercourse, excessive displays of p u b l i c affection or other sexual contact. - S U S T A I N E D 1 - D PDM 340.5.8 PERFORMANCE ( i ) Any act on- or off-duty that brings discredit to this d e p a rt m e n t . - S U S T A I N E D 1 - E PDM 340.5.9 CONDUCT ( h ) C r i m i n a l , d i s h o n e s t , or disgraceful conduct, whether on- or off-duty, that adversely affects the m e m b e r ' s relationship with t h i s d e p a rt m e n t . - S U S T A I N E D 1 - F PDM 340.5.9 CONDUCT ( m ) Any other on- or off-duty conduct which any m e m b e r knows or reasonably s h o u l d know is u n b e c o m i n g a m e m b e r of t h i s d e p a rt m e n t , is contrary to good order, efficiency or m o r a l e , or tends to reflect unfavorably upon this d e p a rt m e n t o r - S U S T A I N E D its m e m b e r s . 1-G C S R § 1.08, Paragraph A. Section 3: C o m m i s s i o n of a c r i m i n a l offense related to the j o b i n c l u d i n g m o r a l t u r p i t u d e or conduct a m o u n t i n g to a any felony or conviction for an offense r e q u i r i n g registration u n d e r PC 2 9 0 . - S U S T A I N E D 1-H C S R § 1.08, Paragraph A. Section 5: Conduct of such a nature that it causes discredit to the agency or the e m p l o y e e ' s p o s i t i o n . - S U S T A I N E D 1 - 1 CSR § 1 . 0 8 , Paragraph A. Section 1 6 : V i o l a t i o n of any d e p a rt m e n t r u l e , r e g u l a t i o n or policy. - S U S T A I N E D Previous S i m i l a r A l l e g a t i o n s or V i o l a t i o n s : Officer l n g l e y has no s i m i l a r a l l e g a t i o n s or v i o l a t i o n s . PD-591 City of Chula Vista, California Page 1 7 of 1 7 Policy C h u l a Vista P o l i c e D e p a rt m e n t C h u l a Vista PD Policy M a n u a l 340 f t Conduct 340.1 P U R P O S E AND S C O P E This policy e s t a b l i s h e s standards of conduct that are consistent with the values a n d m i s s i o n of the C h u l a Vista Police D e p a rt m e n t and are expected of a l l department m e m b e r s . The standards contained in this p o l i c y are not intended to be an exhaustive list of requirements and p r o h i b i t i o n s but they do identify m a n y of the i m p o rt a n t matters c o n c e r n i n g conduct. I n addition to the provisions of t h i s p o l i c y , members are subject to all other provisions contained in this m a n u a l , as well as any a d d i t i o n a l g u i d a n c e on conduct that may be d i s s e m i n a t e d by t h i s department or a member's s u p e rv i s o r s . 340.2 POLICY The c o n t i n u e d e m p l o y m e n t or a p p o i n t m e n t of every m e m b e r of the C h u l a Vista P o l i c e D e p a rt m e n t s h a l l be based on conduct that reasonably conforms to the g u i d e l i n e s set forth h e r e i n . F a i l u r e to meet the g u i d e l i n e s set forth in t h i s p o l i c y , whether o n - or off-duty, may be cause for d i s c i p l i n a ry action. 340.3 DIRECTIVES AND ORDERS Members s h a l l comply with lawful directives and orders from any d e p a rt m e n t supervisor or person in a position of authority, absent a reasonable and bona fide justification. 340.3.1 U N L A W F U L OR C O N F L I C T I N G O R D E R S Supervisors s h a l l not knowingly issue orders or directives that, violation of any law or d e p a rt m e n t policy. S u p e rv i s o r s s h o u l d any previous order without making reasonable clarification if carried out, would result in a not issue orders that conflict with that the new order is intended to countermand the earlier order. No m e m b e r is required to obey any order that appears to be in direct conflict with any federal law, state law or local o r d i n a n c e . F o l l o w i n g a known u n l a wf u l order is not a defense and does not relieve the m e m b e r from c r i m i n a l or c i v i l prosecution or administrative d i s c i p l i n e . If the l e g a l i t y of an order is in doubt, the affected m e m b e r s h a l l ask the i s s u i n g s u p e rv i s o r to clarify the order or s h a l l confer with a h i g h e r authority. The r e s p o n s i b i l i t y for refusal to obey rests with the member, who s h a l l s u b s e q u e n t l y be required to justify the refusal. U n l e s s it would j e o p a r d i z e the safety of any i n d i v i d u a l , m e m b e r s who are presented with a lawful order that is respectfully in conflict with inform the a issuing previous lawful order, d e p a rt m e n t s u p e rv i s o r of the conflict. The policy issuing or other directive s h a l l s u p e rv i s o r is responsible for either resolving the conflict or clarifying that the lawful order is intended to countermand the previous lawful order or directive, i n which case the m e m b e r is o b l i g e d to comply. Members who are compelled to follow a conflicting lawful order after h a v i n g given the issuing s u p e rv i s o r the o p p o rt u n i t y to correct the conflict, w i l l not be held accountable for d i s o b e d i e n c e of the lawful order or directive that was i n i t i a l l y i s s u e d . Copyright Lexipol, LLC 2017/09/27, All Rights Reserved. Published with permission by Chula Vista Police Department Conduct - 221 C h u l a Vista P o l i c e D e p a rt m e n t C h u l a Vista PD Policy M a n u a l Conduct The person c o u n t e r m a n d i n g the o r i g i n a l order s h a l l notify, in w r i t i n g , the person i s s u i n g the o r i g i n a l order, i n d i c a t i n g the action taken a n d the r e a s o n . 340.3.2 SUPERVISOR RESPONSIBILITIES S u p e rv i s o r s and m a n a g e r s are required to follow a l l p o l i c i e s a n d procedures and may be subject to d i s c i p l i n e for: (a) F a i l u r e to be r e a s o n a b l y aware of the performance of t h e i r s u b o r d i n a t e s or to provide appropriate g u i d a n c e and control. (b) F a i l u r e to promptly a n d fully report any known i m m e d i a t e s u p e rv i s o r or to document such misconduct of a m e m b e r to his/her m i s c o n d u c t appropriately or as required by policy. (c) Directing a s u b o r d i n a t e to violate a policy or directive, acquiesce to such a v i o l a t i o n , or are indifferent to any such violation by a subordinate. (d) The u n e q u a l or disparate exercise of authority on the part of a s u p e rv i s o r toward any member for m a l i c i o u s or other i m p r o p e r p u r p o s e . 340.4 G E N E R A L ST AN DAROS Members s h a l l c o n d u c t t h e m s e l v e s , whether on- or off-duty, i n accordance with the United States and C a l i f o r n i a Constitutions a n d a l l a p p l i c a b l e laws, o r d i n a n c e s a n d r u l e s enacted or established p u r s u a n t to l e g a l authority. Members shall familiarize c o m p l i a n c e with e a c h . themselves with policies and procedures and are responsible for M e m b e r s s h o u l d seek clarification a n d g u i d a n c e f r o m supervisors in the event of any perceived a m b i g u i t y or uncertainty. D i s c i p l i n e may be initiated for a n y good cause. It is not m a n d a t o ry that a specific policy or rule violation be cited to sustain d i s c i p l i n e . This policy is not intended to cover every p o s s i b l e type of misconduct. 340.5 CAUSES FOR D I S C I P L I N E The following are illustrative of causes for d i s c i p l i n a ry action. This list is not i n t e n d e d to cover every possible type of m i s c o n d u c t a n d does not preclude the recommendation of d i s c i p l i n a ry action for violation of other rules, standards, ethics and specific action or inaction that is detrimental to efficient d e p a rt m e n t s e rv i c e : 340.5.1 (a) LAWS, R U L E S A N D O R D E R S V i o l a t i o n of, or o r d e r i n g or instructing a s u b o r d i n a t e to violate any policy, rule, order, directive, requirement or failure to follow instructions procedure, contained in d e p a rt m e n t or City m a n u a l s . (b) D i s o b e d i e n c e of any legal directive or order i s s u e d by any d e p a rt m e n t m e m b e r of a higher rank. (c) V i o l a t i o n of federal, state, local or administrative laws, rules or r e g u l a t i o n s . Copyright Lexipol, LLC 2017/09/27, All Rights Reserved. Published with permission by Chula Vista Police Department Conduct - 222 C h u l a Vista P o l i c e D e p a rt m e n t C h u l a Vista PD Policy M a n u a l Conduct 340.5.2 (a) ETHICS U s i n g or d i s c l o s i n g o n e ' s status as a m e m b e r of the C h u l a Vista Police D e p a rt m e n t in any way that could reasonably be perceived as an attempt to gain influence or authority for n o n - d e p a rt m e n t b u s i n e s s or activity. (b) The wrongful or u n l a wf u l exercise of authority on the p a rt of a n y m e m b e r for m a l i c i o u s p u r p o s e , p e r s o n a l g a i n , w i l l f u l deceit or any other i m p r o p e r p u r p o s e . (c) The receipt or acceptance of a reward, fee or gift from any person for service i n c i d e n t to the performance of the member's d u t i e s (lawful s u b p o e n a fees and authorized work permits excepted). ( d) Acceptance of fees, gifts or money contrary to the rules of this d e p a rt m e n t and/or laws of the state. (e) Offer or acceptance of a bribe or gratuity. (f) M i s a p p r o p r i a t i o n or m i s u s e of p u b l i c f u n d s , property, personnel or s e rv i c e s . (g) Any other failure to a b i d e by the standards of ethical conduct. 340.5.3 D I S C R I M I N A T I O N , O P P R E S S I O N OR F A V O R I T I S M Discriminating color, creed, ancestry, against, religion, marital o p p r e s s i n g or providing favoritism to any person because of age, sex, status, sexual physical orientation, or mental gender disability, identity medical or expression, condition national race, origin, or other classification protected by law, or i n t e n t i o n a l l y d e n y i n g or i m p e d i n g a n o t h e r in the exercise or enjoyment of any right, p r i v i l e g e , power or i m m u n i t y , k n o w i n g the conduct is u n l a w f u l . 340.5.4 (a) RELATIONSHIPS Unwelcome s o l i c i t a t i o n of a personal or s e x u a l r e l a t i o n s h i p w h i l e on-duty or t h r o u g h the use of o n e ' s official capacity. (b) Engaging in on-duty sexual activity i n c l u d i n g , but not l i m i t e d to, sexual intercourse, excessive d i s p l a y s of p u b l i c affection or other sexual contact. (c) E s t a b l i s h i n g or m a i n t a i n i n g an inappropriate personal or f i n a n c i a l r e l a t i o n s h i p , as a result of an i n v e s t i g a t i o n , with a known victim, witness, suspect or defendant w h i l e a case is b e i n g investigated or prosecuted, or as a direct result of any official contact. (d) Associating with or j o i n i n g a c r i m i n a l g a n g , organized crime and/or c r i m i n a l syndicate w h e n the member knows or reasonably s h o u l d know of the c r i m i n a l nature of the o r g a n i z a t i o n . This i n c l u d e s any organization involved in a d e f i n a b l e c r i m i n a l activity or enterprise, except as specifically directed and authorized by this d e p a rt m e n t . (e) Associating on a p e r s o n a l , rather than official basis with persons who demonstrate recurring i n v o l v e m e n t in s e r i o u s violations of state or federal laws after the member knows, or r e a s o n a b l y s h o u l d know of such c r i m i n a l activities, except as specifically directed and authorized by this d e p a rt m e n t . Copyright Lexipol, LLC 2017/09/27, All Rights Reserved. Published with permission by Chula Vista Police Department Conduct - 223 C h u l a Vista P o l i c e D e p a rt m e n t C h u l a Vista PD Policy M a n u a l ( Conduct 340.5.5 (a) ATTENDANCE Leaving the job to which the member is assigned d u r i n g duty hours without reasonable excuse and proper permission and a p p r o v a l . (b) U n e x c u s e d or unauthorized absence or t a r d i n e s s . (c) Excessive absenteeism or abuse of leave p r i v i l e g e s . (d) Failure to report to work or to place of a s s i g n m e n t at time specified a n d fully prepared to perform duties without reasonable excuse. 340.5.6 (a) U N A U T H O R I Z E D A C C E S S , D I S C L O S U R E OR U S E Unauthorized information, and inappropriate materials, data, intentional forms or reports release of obtained or protected as a result of the confidential member's position with this d e p a rt m e n t . 1. Members of t h i s d e p a rt m e n t s h a l l not disclose the n a m e , address or i m a g e of any victim of h u m a n trafficking except as authorized by law ( P e n a l C o d e § 2 9 3 ) . (b) D i s c l o s i n g to any unauthorized person any active investigation i n f o r m a t i o n . (c) The use of any information, photograph, video or other recording obtained or accessed as a result of employment or a p p o i n t m e n t to t h i s d e p a rt m e n t for personal or f i n a n c i a l gain or without the express authorization of the Chief of Police or the authorized designee. (d) L o a n i n g , s e l l i n g , a l l o w i n g unauthorized u s e , g i v i n g away or appropriating any C h u l a Vista Police D e p a rt m e n t b a d g e , uniform, identification card or department property for p e r s o n a l u s e , personal g a i n or any other i m p r o p e r or unauthorized use or p u r p o s e . (e) Using d e p a rt m e n t resources in association with any portion of an i n d e p e n d e n t civil action. These resources i n c l u d e , but are not limited to, p e r s o n n e l , v e h i c l e s , e q u i p m e n t and n o n - s u b p o e n a e d records. 340.5.7 (a) (b) EFFICIENCY Neglect of duty. Unsatisfactory work performance i n c l u d i n g , but not l i m i t e d to, f a i l u r e , incompetence, inefficiency or delay i n performing and/or carrying out proper orders, work a s s i g n m e n t s or the i n s t r u c t i o n s of s u p e rv i s o r s without a r e a s o n a b l e a n d bona fide e x c u s e . (c) C o n c e a l i n g , attempting to c o n c e a l , removing or destroying defective or incompetent work. (d) (e) U n a u t h o r i z e d s l e e p i n g d u r i n g on-duty time or a s s i g n m e n t s . F a i l u r e to notify the Department w i t h i n 24 hours of any c h a n g e in residence address, contact t e l e p h o n e n u m b e r s or marital status. Copyright Lexipol, LLC 2017/09/27, All Rights Reserved. Published with permission by Chula Vista Police Department Conduct - 224 C h u l a Vista P o l i c e D e p a rt m e n t C h u l a Vista PD Policy M a n u a l Conduct 340.5.8 (a) PERFORMANCE F a i l u r e to d i s c l o s e or m i s r e p r e s e n t i n g material facts, or m a k i n g any false or m i s l e a d i n g statement on any a p p l i c a t i o n , e x a m i n a t i o n form, or other official d o c u m e n t , report or form, or d u r i n g the course of a n y work-related i n v e s t i g a t i o n . (b) The falsification of a n y work-related records, m a k i n g m i s l e a d i n g entries or statements with the intent to deceive or the willful and unauthorized removal, alteration, destruction and/or mutilation of any d e p a rt m e n t record, p u b l i c record, book, paper or document. (c) F a i l u r e to participate i n , or g i v i n g false or m i s l e a d i n g statements, or.misrepresenting or omitting material information to a s u p e rv i s o r or other person in a position of authority, in connection with any investigation or in the reporting of any department-related business. (d) B e i n g untruthful or k n o w i n g l y m a k i n g false, m i s l e a d i n g or m a l i c i o u s statements that are r e a s o n a b l y calculated to harm the reputation, authority or official s t a n d i n g of this d e p a rt m e n t or its m e m b e r s . (e) Disparaging remarks or conduct c o n c e r n i n g d u l y constituted authority to the extent that such conduct d i s r u p t s the efficiency of this department or subverts the good order, efficiency and d i s c i p l i n e of t h i s d e p a rt m e n t or that w o u l d tend to discredit any of its members. (f) U n l a wf u l gambling or unlawful betting at a n y t i m e or any p l a c e . Legal gambling or betting u n d e r any of the following c o n d i t i o n s : 1. W h i l e on department p r e m i s e s . 2. At any work site, w h i l e on-duty or w h i l e in u n i f o r m , or w h i l e u s i n g any department e q u i p m e n t or system. 3. Gambling activity u n d e rt a k e n express knowledge and as part of an officer official d u t i e s a n d with the p e r m i s s i o n of a direct s u p e rv i s o r is exempt from t h i s prohibition. (g) I m p r o p e r p o l i t i c a l activity i n c l u d i n g : 1. Unauthorized attendance w h i l e on-duty at official legislative or political s e s s i o n s . 2. Solicitations, speeches or distribution of c a m p a i g n literature for or against any p o l i t i c a l candidate or position w h i l e on-duty or, on d e p a rt m e n t property except as expressly authorized by City policy, the m e m o r a n d u m of u n d e r s t a n d i n g , or the Chief of P o l i c e . (h) Engaging in political activities during assigned working hours except as expressly authorized by City policy, the m e m o r a n d u m of u n d e r s t a n d i n g , or the Chief of P o l i c e . (i) 340.5.9 (a) Any act on- or off-duty that b r i n g s discredit to t h i s d e p a rt m e n t . CONDUCT Failure of any m e m b e r to promptly a n d f u l l y report activities on h i s / h e r part or the part of a n y other m e m b e r where such activities resulted i n contact with any other law Copyright Lexipol, LLC 2017/09/27, All Rights Reserved. Published with permission by Chula Vista Police Department Conduct - 225 C h u l a Vista P o l i c e D e p a rt m e n t C h u l a Vista PD Policy M a n u a l Conduct enforcement agency or that may result in c r i m i n a l prosecution or d i s c i p l i n e u n d e r this policy. (b) Unreasonable and unwarranted force to a person encountered or a person under arrest. (c) Exceeding lawful peace officer powers by unreasonable, u n l a wf u l or excessive conduct. (d) U n a u t h o r i z e d or u n l a wf u l f i g h t i n g , t h r e a t e n i n g or attempting to inflict u n l a wf u l bodily harm on a n o t h e r . (e) E n g a g i n g i n h o r s e p l a y that reasonably c o u l d result in i n j u ry or property d a m a g e . (f) D i s c o u rt e o u s , disrespectful or d i s c r i m i n a t o ry treatment of any m e m b e r of the p u b l i c or any m e m b e r of t h i s d e p a rt m e n t or the City. (g) Use of o b s c e n e , i n d e c e n t , profane or derogatory l a n g u a g e w h i l e on-duty or in uniform. (h) Criminal, dishonest, or disgraceful conduct, whether on- or off-duty, that adversely affects the m e m b e r ' s r e l a t i o n s h i p with this d e p a rt m e n t . (i) Unauthorized possession of, loss of, or d a m a g e to d e p a rt m e n t property or the property of others, or e n d a n g e r i n g it t h r o u g h carelessness or m a l i c i o u s n e s s . U) Attempted or actual theft of d e p a rt m e n t property; misappropriation or m i s u s e of p u b l i c f u n d s , property, p e r s o n n e l or the services or property of others; unauthorized removal or p o s s e s s i o n of department property or the property of another person. (k) Activity that is i n c o m p a t i b l e with a member's c o n d i t i o n s of employment or a p p o i n t m e n t as established by law or that violates a provision of any m e m o r a n d u m of u n d e r s t a n d i n g or contract to i n c l u d e fraud in s e c u r i n g the a p p o i n t m e n t or h i r e . (I) I n i t i a t i n g any civil action for recovery of any d a m a g e s or injuries incurred in the course and scope of e m p l o y m e n t or a p p o i n t m e n t without first notifying the Chief of Police of such action. (m) Any other on- or off-duty conduct which any member knows or reasonably s h o u l d know is u n b e c o m i n g a m e m b e r of t h i s d e p a rt m e n t , is contrary to good order, efficiency or m o r a l e , or tends to reflect unfavorably upon this d e p a rt m e n t or its members. 340.5.10 SAFETY (a) F a i l u r e to observe or v i o l a t i n g d e p a rt m e n t safety standards or safe working practices. (b) F a i l u r e to maintain current l i c e n s e s or certifications required for the a s s i g n m e n t or position ( e . g . , driver l i c e n s e , first a i d ) . (c) F a i l u r e to m a i n t a i n good physical c o n d i t i o n sufficient to adequately and safely perform law enforcement duties. (d) Unsafe firearm or other dangerous weapon h a n d l i n g to i n c l u d e l o a d i n g or u n l o a d i n g firearms in an unsafe m a n n e r , either o n - or off- duty. (e) C a r ry i n g , w h i l e on the premises of the work place, a n y firearm or other lethal weapon that is not authorized by the member's a p p o i n t i n g authority. Copyright Lexipol, LLC 2017/09/27, All Rights Reserved. Published with permission by Chula Vista Police Department Conduct - 226 C h u l a Vista P o l i c e D e p a rt m e n t C h u l a Vista PD Policy M a n u a l Conduct (f) Unsafe or improper driving habits or actions in the course of employment or appointment. (g) Any p e r s o n a l action (h) Concealing or k n o w i n g l y f a i l i n g to injury as soon as 340.5.11 c o n t r i b u t i n g to a preventable traffic c o l l i s i o n . report any on-the-job or work-related a c c i d e n t or practicable but w i t h i n 24 h o u r s . INTOXICANTS (a) R e p o rt i n g for work or b e i n g at work w h i l e intoxicated or w h e n the m e m b e r ' s a b i l i t y to perform assigned duties is impaired d u e to the use of a l c o h o l , medication or d r u g s , w h e t h e r l e g a l , prescribed or i l l e g a l . (b) Possession or use of a l c o h o l at a n y work site or w h i l e o n - d u t y , except as authorized i n the performance of a n official a s s i g n m e n t . A m e m b e r who is authorized to c o n s u m e alcohol is not permitted to do so to such a degree that it may impair on-duty p e rf o r m a n c e . (c) U n a u t h o r i z e d p o s s e s s i o n , use of, or attempting to b r i n g a controlled s u b s t a n c e , i l l e g a l drug or n o n - p r e s c r i b e d 340.6 m e d i c a t i o n to any work s i t e . INVESTIGATION OF D I S C I P L I N A R Y ALLEGATIONS R e g a r d l e s s of the source of an allegation of m i s c o n d u c t , all such matters w i l l be investigated in accordance with P e r s o n n e l C o m p l a i n t Procedure Policy M a n u a l § 1 0 2 0 . P u r s u a n t to Government Code §§ 3304(d) and 3508.1, the investigation should be completed within one year of the discovery of the a l l e g a t i o n u n l e s s s u c h i n v e s t i g a t i o n f a l l s w i t h i n o n e of the exceptions d e l i n e a t e d w i t h i n those p r o v i s i o n s . In an effort to encourage expeditious investigations, investigations that take longer than ninety days from the date of discovery to complete s h a l l be reported by the Professional S t a n d a r d s U n i t to the H u m a n 340.6.1 Resources Director ( WRITTEN Any e m p l o y e e be heard related chain to of c o m m a n d Absent formally appeal or ten C o m m a n d e r not investigation. another uninvolved o r i g i n a l written to Commander within by a D i v i s i o n the 1.08(8)(1) ). REPRIMANDS wishing his/her Division C i v i l Service R u l e § In related the to the reprimand must s u b m i t days of receipt of the written i n the event s u p e rv i s o r of at a written all reprimand. investigation, Commanders the are C h i e f of P o l i c e rank above the either may in request to The a p p e a l e m p l o y e e ' s c h a i n of c o m m a n d a n d Division least o n e a written the assign will not otherwise employee's the appeal to rank of t h e s u p e rv i s o r i s s u i n g the reprimand. a written stipulation to the c o n t r a ry , the employee will be provided with h e a r i n g before the h e a r i n g officer. The d e c i s i o n of t h e h e a r i n g officer to s u s t a i n , an evidentiary modify or d i s m i s s the written r e p r i m a n d s h a l l be c o n s i d e r e d f i n a l . 340.7 POST INVESTIGATION P R O C E D U R E S Copyright Lexipol, LLC 2017/09/27, All Rights Reserved. Published with permission by Chula Vista Police Department Conduct - 227 C h u l a Vista P o l i c e D e p a rt m e n t C h u l a Vista PD Policy M a n u a l Conduct 340.7.1 DIVISION COMMANDER RESPONSIBILITIES U p o n receipt of a n y completed p e r s o n n e l i n v e s t i g a t i o n , the D i v i s i o n C o m m a n d e r of the involved employee s h a l l review the entire investigative f i l e , the e m p l o y e e ' s p e r s o n n e l file a n d any other relevant m a t e r i a l s . The Division Commander may make recommendations regarding the disposition of any a l l e g a t i o n s and the a m o u n t of d i s c i p l i n e , if any, to be i m p o s e d . Prior to forwarding r e c o m m e n d a t i o n s to the Chief of P o l i c e , the D i v i s i o n C o m m a n d e r may return the entire investigation to the assigned detective or s u p e rv i s o r for further investigation or action When forwarding any written recommendation to the C h i e f of P o l i c e , the Division Commander s h a l l i n c l u d e a l l relevant materials s u p p o rt i n g the r e c o m m e n d a t i o n . Actual copies of an e m p l o y e e ' s existing p e r s o n n e l file need not be provided and may be incorporated by reference. 340.7.2 R E S P O N S I B I L I T I E S OF T H E A G E N C Y H E A D U p o n receipt of any written recommendation for d i s c i p l i n a ry a c t i o n , the C h i e f of Police s h a l l review the recommendation and a l l a c c o m p a n y i n g m a t e r i a l s . The Chief of P o l i c e may modify any recommendation and/or may return the file to the Division C o m m a n d e r for f u rt h e r investigation or action. Once the C h i e f of P o l i c e is satisfied that no further investigation or action is required by staff, the Chief of P o l i c e s h a l l d e t e r m i n e the a m o u n t of d i s c i p l i n e , if a n y , to be r e c o m m e n d e d . I n the event d i s c i p l i n a r y action is r e c o m m e n d e d , the Chief of P o l i c e s h a l l provide the employee with written ( S k e l l y ) notice of the following information within one year of the date of the discovery of the alleged misconduct (absent an exception set forth in Government Code § 3304(d) or Government Code § 3 5 0 8 . 1 ): Specific charges set forth in separate counts, d e s c r i b i n g the conduct u n d e r l y i n g each count. A separate recommendation of proposed d i s c i p l i n e for each charge. A statement that the employee has been provided with or given access to a l l of the materials considered by the C h i e f of P o l i c e i n r e c o m m e n d in g the proposed d i s c i p l i n e . An o p p o rt u n i t y to respond o r a l l y or i n writing to the Chief of P o l i c e w i t h i n five days of receiving the S k e l l y notice. Upon a showing of good cause by the employee, the Chief of Police may grant a reasonable 1 extension of time for the employee to respond. If the employee elects to respond o r a l l y , the presentation s h a l l be recorded by the Department. U p o n request, the e m p l o y e e s h a l l be provided with a copy of the r e c o r d i n g . 340.7.3 EMPLOYEE RESPONSE The p r e - d i s c i p l i n e process is i n t e n d e d to provide the accused e m p l o y e e with an o p p o rt u n i t y to present a written or oral response to the Chief of P o l i c e after h a v i n g had an o p p o rt u n i t y to review Copyright Lexipol, LLC 2017/09/27, All Rights Reserved. Published with permission by Chula Vista Police Department Conduct - 228 C h u l a Vista P o l i c e D e p a rt m e n t C h u l a Vista PD Policy M a n u a l Conduct the s u p p o rt i n g materials an d prior to i m p o s i t i o n of any rec o m m e nde d d i s c i p l i n e . The em pl oye e s h a l l c o n s i d e r the following : (a) T h i s S k e l l y response is not i n t e n d e d to be an adversarial or formal h e a r i n g . (b) A l th oug h the em p l oyee may be represented by an u n i n v o l v e d representative or legal counsel, the Skelly response is not d e s i g n e d to accommodate the presentation of testim ony or witnesses. (c) The employee emp loy ee ma y sug g e s t that f u rt h e r may offer any a d d i t i o n a l investigation information cou l d be co n du ct e d or the or m i t i g a t i n g factors for the C h i ef of P o l i c e to c o n s i d e r . (d) In the event conducted, that the the Chi e f employee of Police shall be elects provided to cause with t he furt h e r results investigation of such to be subsequent investigation prior to the imposition of any d i s c i p l i n e . (e) The employee writing to the may Chief thereafter of have Police on the the o p p o rt u n i t y limited to issues further of respond information o r al l y or raised in in any subsequent materials. (f) Once has the employee elected information Police be to received determines provided to has waive the in that completed a ny such regard hi s / h er response, to the discipline will employee recommended d i s c i p l i n e . with Skelly the r e co m m e n ded 30 be imposed, days, response Ch i e f of or Police discipline. a timely imposing, if employee consider Once the written modifying I n the event of a t e r m i n a t i o n , the fi n al the shall deci si on or a ll Chief of shall rejecting the notice of d i s c i p l i n e s h a l l a l s o inform the employee of the reason for termination and the process to receive a l l r e m a i n i n g fringe a n d retirement benefits. (g) Once the Chief of P o l i c e has i s s u e d a written decision, the d i s c i p l i n e s h a l l become effective. 340.7.4 R E S I G N A T I O N S / R E T I R E M E N T S P R I O R TO D I S C I P L I N E I n the event that a n e m p l o y e e t e n d e r s a written r et i r em e n t or r e s i g n a t i o n pr i o r to the i m po s i t io n of d i s c i p l i n e , it s h a l l be noted in the fil e . The tender of a retirement or resignati o n by itself s h a l l not serve as g r o u n d s for t he termination of p e n d i n g d i s c i p l i n e . 340.7.5 POST SKELLY P R O C E D U R E I n situations res ulti n g in the i m p o s i t i o n of a s u s p e n s i o n , p u n i t i v e transfer, d e m o t i o n , termination of a non-probationary e m p l o y e e , the e m pl o yee s h a l l have the ri gh t to a n evidentiary appeal of the C h i ef of P o l i c e ' s impos ition of d i s c i p l i n e p u r s u a n t to the operative M e m o r a n d u m of U n d e r s t a n d i n g ( M O U ) or collective b a r g a i n i n g ag reem e nt a n d p e r s o n n e l r u l e s . D u r i n g any post-Skelly a d m i n i s t r a t i v e a p p e a l , evidence that an officer has been p l aced on a Brady list o r is otherwise subject to Brady restrictions may not be introduced u n l e s s the u n d e r l y i n g a l l e g a t i o n s of m isc onduc t have been i n d e p e n d e n t l y e s t a b l i s h e d . Thereafter, such Brady evidence s h a l l be l i mited to d e t e r m i n i n g the appropriateness of pen a l t y. ( G o v e rn me nt Code § 3 3 0 5 . 5 ) . Copyright Lexipol, LLC 2017/09/27, All Rights Reserved. Published with permission by Chula Vista Police Department Conduct - 229 C h u l a Vista P o l i c e D e p a r t m e n t C h u l a Vista PD Policy M a n u a l Conduct 340.7.6 D I S C I P L I N A R Y A C T I O N A G A I N S T PROBATIONARY E M P L O Y E E S In the event that a probationary employee is terminated solely for unsatisfactory performance or the f a i l u r e to meet d e p a rt m e n t standards, the e m p l o y e e s h a l l have no right to appeal and the following s h a l l be c o n s i d e r e d : (a) T e r m i n a t i o n of a probationary employee for such failure to pass probation s h a l l be so reflected in the employee's p ersonne l file. (b) In the event that a probationary employee is disciplined or terminated for misconduct, the employee s h a l l only be entitled to appeal the decision in the same m a n n e r as set forth in the Skelly procedure as set forth above. The appeal process may be held prior to or w i t h i n a reasonable time after the i m p o s i t i o n of d i s c i p l i n e . (c) At all times during probationary officer, any such investigation officer s h a l l of be allegation afforded all of misconduct procedural involving a rights set forth in Government C o d e § 3303 and a p p l i c a b l e D e p a rt m e n t p o l i c i e s . (d) A probationary employee's appeal of disciplinary action shall o p p o rt u n i t y for the e m p l o y e e to attempt to e s t a b l i s h that the should not construed be to sustained. establish Nothing any sort of in this policy property or procedure, interest in or be limited to an underlying allegations right however s h o u l d to the be employee's c o n t i n u a t i o n of e m p l o y m e n t . (e) The b u r d e n of prooffor any probationary employee's a p p e a l of d i s c i p l i n a ry action s h a l l r e s t with the employee and w i l l require proof by a preponderance of the evidence. (f) I n the event that a probationary e m p l o y e e meets his or her b u r d e n of proof in such a d i s c i p l i n a ry a p p e a l , the Dep a rtment s h a l l remove all reference to the underlying a l l e g a t i o n s of m i s c o n d u c t from the employee's personnel file. (g) I n the event that a probationary employee fails to meet h i s or her b u r d e n of proof i n such a d i s c i p l i n a ry a p p e a l , the e m p l o y e e s h a l l have no f u rt h e r right to a p p e a l beyond the Chief of P o l i c e . Copyright Lexipol, LLC 2017/09/27, All Rights Reserved. Published with permission by Chula Vista Police Department Conduct - 230 Disciplinary Investigations EMPLOYEE INTERVIEW RIGHTS The f o l l o w i n g statements s h o u l d be read to e m p l o y e e before the i n t e rv i e w . P l e a s e n o t e , s o m e of the statements m a y be deleted or omitted d e p e n d i n g on the c i r c u m s t a n c e s . My n a m e is 1 . (state n a m e , b e i n g conducted at 2. rank, and c o m m a n d ) (l o c a t i o n ) on . (date) T h i s is an a d m i n i s t r a t i v e i n v e s t i g a t i o n at (time) T h i s is an a d m i n i s t r a t i v e i n v e s t i g a t i o n conducted for __,.,. ( g J..c. v i.c.... e � g ....C. e -'--' n -"e '--' r a = -'ln '""' a --'-' t u = r -=e --' o '-'f --= a '"'"' ..::c ll e = g = a .:.:. o t i= n c..:..: s ::.., ) _ 3. I w i l l be the e m p l o y e e in charge of t h i s i n t e rv i e w . All q u e s t i o n s d u r i n g the interview w i l l be asked by a n d t h r o u g h no more t h a n two interviewers at one t i m e . be 4. (state n a m e , The other interviewer w i l l rank, a n d c o m m a n d ) The f o l l o w i n g i n d i v i d u a l s are present in the r o o m : (have each person a n n o u n c e t h e i r f u l l n a m e for voice identification) 5. I w i l l be recording t h i s interview. You have the right to access the recording p r i o r to a n y further interviews. 6. You have the right to record this interview yourself, if you d e s i r e . 7. You have the right to have representation present d u r i n g the course of t h i s i n t e rv i e w . 8. You have the right to take r e a s o n a b l e breaks d u r i n g the course of t h i s i n t e rv i e w . 9. No offensive or t h r e a t e n i n g l a n g u a g e , p r o m i s e s , or other i n d u c e m e n t s to answer q u e s t i o n s may be used a g a i n s t you d u r i n g the course of t h i s interview. 10. You are directed to answer a n y a n d a l l q u e s t i o n s that are asked c o m p l e t e l y a n d in a truthful m a n n e r , g i v i n g us information that m i g h t h e l p d e t e r m i n e what h a p p e n e d . F a i l u r e to answer the q u e s t i o n s w i l l be c o n s i d e r e d an act of i n s u b o r d i n a t i o n a n d , or f a i l u r e to answer t r u t h f u l l y can be an i n d e p e n d e n t b a s i s for d i s c i p l i n a r y a c t i o n , 1 1 . i n c l u d i n g a n d u p to t e r m i n a t i o n . You are ordered to keep the i n v e s t i g a t i o n c o n f i d e n t i a l and not to d i s c u s s t h i s i n v e s t i g a t i o n with any witnesses or other i n v o l v e d i n d i v i d u a l s , including complainant, but you m a y s p e a k to y o u r u n i o n representative or attorney. e event the e m p l o y e e is b e i n g interviewed s i m u l t a n e o u s l y by an a d m i n i s t r a t i v e i n v e s t i g a t o r = a '-'n d :::.....::; a ,,..=. :..:...:....:.. .:....:.= inves tor, conduct), t or if it is d e t e r m i n e d the e m p l o y e e m i g h t face c r i m i n a l p r o s e c u t i o n ( i . e . for p o t e n t i a l mployee must these a d m o n i s h 12. immediately be a d v i s e d of t h e i r r i g h t s per M i r a n d a . (Pre- · lm i n a : ed forms with ts are a v a i l a b l e from the Professional S t a n d a r d s U n i t . ) This allegatio opportyllit uld be construed as c r i m i n a · ature. to provide us with a n y i n f o r m a t i o n w h i c h yimmal i n v e s t i g a t i o n , W h i l e t h i s is c e rt a i n l y y o u r elieve m i g h t be h e l p f u l to t h i s it is i m p o rt a n t that you c l e a r l y u n d e r s t a hat you are not r e q u i r e d to ,,.,,-- t a l k to us right now a n d that no d i s c i p l i n e c o u l d result if you elect no statement. Your statement to us m u s t be strictly v o l u n t a r y . p r o v i d e us with a MIRANDA A D M O N I S H M E N T Due t o t nature of t h i s a d m i n i s t r a t i v e i n v e s t i g a t i o n , G o v e r n m e n t C o d e § 330 a d v i s e you our constitutional rights. • You have the ( • A n y t h i n g you say ma • You have the right to an atto • If you c a n n o t afford an attorney, on • Do you u n d e r s t a n d e Therefore, it is i m p o rt a n t that you ) r e q u i r e s me to derstand that c r i m i n a l l y : ht to r e m a i n s i l e n t . e used a g a i n s t you in c o u rt . ey before and duri questioning. a p p o i n t e d for you before q u e s t i o n i n g , if you w i s h . ch of these rights that I have e x p l a i n e d to u? YES • With the · hts in m i n d , w o u l d you l i k e to speak to me now? YES NO ------ ,\/ ------ LYBARGER WARNING • W h i l e you have the right to r e m a i n s i l e n t with regard to any c r i m i n a l i n v e s t i g a t i o n , you do not have the right to refuse to answer my q u e s t i o n s a d m i n i s t r a t i v e l y . • T h i s is an a d m i n i s t r a t i v e i n v e s t i g a t i o n . I a m , therefore, now o r d e r i n g you to a n s w e r a l l of my questions, fully and honestly. I • If you refuse to a n s w e r my q u e s t i o n s , y o u r silence can be d e e m e d i n s u b o r d i n a t i o n a n d result in a d m i n i s t r a t i v e d i s c i p l i n e , up to a n d i n c l u d i n g t e r m i n a t i o n . • Any statement you make u n d e r c o m p u l s i o n of the threat of s u c h d i s c i p l i n e c a n n o t be used a g a i n s t you c r i m i n a l l y . � u F1 d e 1 s t a n d my r i g h t s as described in the M I R A N D A A D M O N I S H M E N T a n � I WILL NOT d i s rn s s t h i s meitt@r 111ith you a d m i n i s t , a ti v e l y . $/ EMPLOYEE WITNESS: l '{) DATE: DATE: 5/7/lr :s ( ') ( , B 180408L00031660 Incident Detailed 4 / 1 0 / 2 0 1 8 8 : 4 6 : 5 7 Afvl CV0544 Page 1 of 2 Report ( 180408L00031660 I n c i d e n t # Summa�-----------------------------------� 300 Location Loe MOON VIEW DR Name: CHLA City VSTA Description B u i l d i n g Subdiv Floor: Apt/Unit Status Closed Created I n c EXPAT Agency Type Mod Sector 5 Area: CV I D PCW Beat 31 4/8/2018 L Priority Circ Agency 4:32:36 Type 3 1 A Report# K,C Disposition: Dispatch-----------------------------------­ C V / 1 3 1 J Unit(s) (Officers: CV/lngley Michael) ( P r i m a ry ) ------------------- Comments---- Perso Vehi l --- - ------------ ns --- - - -- ----------- - - - -� - ------� - ------------------------------------ c es Pre m Previ i H z rd---------------------------------­ se o a a u s Incid n s------------------------e t 300 MOON -- -- !Inc Location VIEW DR, CHLA T ype J 4 1 5 S U B l n c de i n t # lStatus Closed 1 8 0 1 1 5 L 0 0 0 0 4 4 8 9 --- - JDate 1 7 : 2 9 : 1 8 1 / 1 5 / 2 0 1 8 VSTA Associated I n c i d e n t s Att ch a -------------------------------­ e ts----------------------------------- m n H i s t o ry ------------------------------------- T m i e/D 4:53: D i 1 a 8 !Trans te Unit 4/ 8 Locat Location: 4 : 5 3 : 1 Un i t P e DT !User C V 1 1 U n i t St a / po s i t 8 C V 112 (300 MOON VIE W FR s : ( po: n it U /2018 U N I T C V 11 T STAT C V 1 1 I N C STAT C V 1 1 s / 4 D I SPAT C PD - D I SPATCH4 - D I SPATCH4 - D I SPATCH4 - D I SPAT H4 C V / 1 3 1 J PD 2 8 2 t I D : PD i t I · C V / 1 3 1 J 8 D : 8 2 C V / 1 3 1 J PD 8 I N C UPDT s /2018 U NI T A ST T C V 1 1 Closed ( Ac tv i CH 4 CH 4 e) I PD - D I SPAT PD - D I SPATCH4 K 28 U n i t 97) : C V 1 1 2 8 Dispo: ( - C I D : Statu ition 4 8 PD ) EE NI I D C4) /8/201 C s 8 Un Status Statu 8 Uni Statu 8 4 2 U /2018 AV 8 4 8 4 : 5 3 : 1 3 Un MT on 4/8/201 ent 4 : 5 3 : 1 s MG Status 4 : 5 3 : 1 i U N I T reed 8 tus: c d 8 N U L L / !Console I D Di /201 i 8 4 8 F 4 : 5 3 : 1 Di U yp sposition 4 : 5 3 : 1 8 In I N C 4/8/2018 T I D : C V / 1 3 1 J 180408L00031660 Time/Date ( ! T r a n s Type TIMEOUT 4:4 7:45 4/8/2018 Unit Timeout !User I D Unit TIMEOUT Unit INC UPDT 4 : 3 2 : 4 2 4/8/2018 MOON ValidationLevel: Beat: V I E W DR Premise (300 MOON I N C UPDT VIEW) 32.646494 No Longitude: (Yes) (0.000000) -117.047218 (0.000000) CV1128 PD-DISPATCH4 31 31A U N I T MGMT Location: 300 MOON 97 U N I T STAT ID: CV/131J PD-DISPATCH4 (AV) I N C STAT PD-DISPATCH4 CV1128 Status: I n c i d e n t Status PRIM UNIT 1 4 : 3 2 : 3 6 4/8/2018 Active ( P e n d i n g ) PD-DISPATCH4 CV1128 P r i m a ry : Unit DPT CH 4: 3 2 : 3 6 4/8/2018 CV/131J PD-DISPATCH4 CV1128 Assigned Dispatch 4 : 3 2 : 3 6 4/8/2018 Bypassed with (Officers: CV1128 PD-DISPATCH4 I N C CREATE CV1128 PD-DISPATCH4 I N C CREATE CV1128 Area: i n c i d e n t Created (Field Yes 0 . 000000 l n c i d Type. CV/131J ADD BYPASS Jurisdiction ! 4 : 3 2 : 3 6 4/8/2018 Bypassed: Unit: Jurisdiction 4 : 3 2 : 3 6 4/8/2018 Latitude: CV/131J CV1128 Unit 4 : 3 2 : 3 6 4/8/2018 P r i m a ry ID: VIEW U n i t Status Status: PD-DISPATCH4 CV1128 Unit 4:32:36 4/8/2018 ! PD-DISPATCH4 Sector: Updated U n i t Location I System Lvl 4:32:36 4/8/2018 I CV/131J Latitude: 4 : 3 2 : 4 2 4/8/2018 Jurisdiction ID: AddressChkByPassed: C H L A VSTA 300 PD-DISPATCH4 CV/131J CV1128 Updated Location: Page 2 of 2 Console I D ID: System Unit Timeout CityName: CV0544 Disabled 4: 3 7 : 36 4 / 8 / 2 0 1 8 Incident I CV1128 Reset Timeout Value: 4 / 1 0 / 2 0 1 8 8 4 6 58 A M EXPAT Initiated) PCW Source: PD-DISPATCH4 OFFICER Location: Longitude: Priority: 5 300 MOON 0.000000 VIEW CV/lngley Michael) C H U L V A P O L I I S C T A P A E O D L M Protecting today. w Roxana Kennedy w Date: w . c h u a I v I C I E N I D S T E R P A A T R I T O M E N T N Securing tomorrow. i s t a p d . o r g May 7, 2018 Chief of Police To: Officer M i c h a e l lngley I D # 1191 Patrol O p e r a t i o n s C a p t a i n ( 6 1 9 ) Vern From: Captain P h i l C o l l u m ID# 544 S a l l e e 6 9 1 - 5 2 1 8 Subject: Administrative Leave This is to inform you that Sergeant J o h n English will be conducting a n concerning a n a l l e g a t i o n of conduct U n b e c o m i n g a n officer. S u p p o r t Captain ( 6 1 9 ) administrative investigation These allegations, if found true, are in O p e r a t i o n s P h i l C o l l u m violation of Police D e p a rt m e n t P o l i c i e s . 6 9 1 - 5 2 0 9 As a result of this action, you are not entitled to the provisions of California P e n a l C o d e § 8 3 2 , p e n d i n g the outcome of t h i s matter. I am directing you to immediately s u r r e n d e r y o u r C h u l a D e p a rt m e n t firearm, badge ( i n c l u d i n g flat badge), identification card a n d Vista Police proximity card directly to Investigations Captain Eric Lieutenant M i r i a m Foxx. Thunberg ( 6 1 9 ) 6 9 1 - 5 2 3 0 You are officially ordered not to discuss t h i s investigation o r the a l l e g a t i o n s with anyone other t h a n Sergeant E n g l i s h , your designated P o l i c e Association representative, a n d / o r a n attorney representing . ( you A d m i n i s t r a t i v e S e r v i c e s in this matter. This includes but is not limited to, any conversation, either in person or by t e l e p h o n e , o r any written c o m m u n i c a t i o n , either on or off duty. M a n a g e r J o n a t h a n Alegre Your failure to a b i d e by this order w i l l be d e e m e d i n s u b o r d i n a t i o n a n d may result i n administrative ( 6 1 9 ) 4 7 6 - 2 5 7 0 d i s c i p l i n e u p to a n d i n c l u d i n g t e r m i n a t i o n of e m p l o y m e n t . You w i l l be a l l o w e d to have a representative of your choice present d u r i n g the interview, p u r s u a n t AB-301, a n attorney, a m e m b e r of the Police Association or a n y o n e else not connected with this investigation. S u p e r v i s i n g Safety P u b l i c A n a l y s t J o s e p h You are being reassigned to the Administrative Services Division effective i m m e d i a t e l y . You w i l l be W a l k e r compensated forty hours of pay p e r week d u r i n g this leave t i m e . ( 6 1 9 ) You are f u rt h e r ordered to contact 6 9 1 - 5 2 0 5 Sergeant J o h n English at (619) 691-5217 every day, M o n d a y t h r o u g h Friday, at 0930 h o u r s . You may leave a message for Sergeant E n g l i s h a t h i s t e l e p h o n e n u m b e r in the event he does not a n s w e r . Senior You w i l l be notified of further action o n t h i s m a tt e r by the Administrative Services Division of this Police A d m i n i s t r a t i v e er authority. Secretary Cathy ( 6 1 9 ) M i l l e r -s-Ilp(i re 6 9 1 - 5 1 5 0 Acting Captain P h i l C o l l u m r t '-f '0 l-f rt.; Date/time Administrative Services Division C o m m a n d e r '"S / ·7 J 201 � I l, :) Date/time fir Date/time /623 s H (Z.J C H U L A V I S T A P O P A T R O L w w . c h u I I C E D E P A R T M E N T O P E R A T I O N S Protecting today. w L a Securing tomorrow. v i s t a p d . o r g Roxana Kennedy Chief of Police Date: April 2 1 , 2 0 1 8 Divis ion To: Officer M . l n g l e y # 1 1 9 1 Commander Capt. Reber ( 6 1 9 ) 6 9 1 - 5 2 1 8 F r o m : Sergeant M . Meredith #646 Watch Commanders ( 6 1 9 ) 4 7 6 - 5 3 7 4 ( 6 1 9 ) 4 0 9 - 5 4 2 4 Subject: Administrative Investigation (PS# P e n d i n g ) Lt. A u l o l i n o ( 6 1 9 ) Lt. 4 0 9 - 5 9 2 9 approximately 0430 h o u r s . These a l l e g a t i o n ( s ) , if found true, are in violation Kelley 4 7 6 - 2 5 7 4 of Department P o l i c i e s . The a l l e g a t i o n ( s ) may i n c l u d e but are not limited to: Mago r ( 6 1 9 ) Lt. y our involvement i n an incident that occurred on 04/08/2018 at F o x x ( 6 1 9 ) Lt. T h is is to inform you that I a m conducting an administrative investigation into 4 7 6 - 2 3 9 9 ( 6 1 9 ) Lt. F a x 4 7 6 - 2 4 5 6 Pea k ( 6 1 9 ) 6 9 1 - 5 2 3 6 PDM 3 4 0 . 5 . 8 : P E R F O R M A N C E Patrol Sergeants ( 6 1 9 ) 5 8 5 - 5 7 4 0 i 4 7 6 - 2 5 4 8 \ Fa x (b )The falsification of any work-related records, m a k i n g m i s l e a d i n g entries or statements with the intent to deceive or the willful a n d unauthorized removal, Sgt. Barrett ( 6 1 9 ) alterations, destruction and/or mutilation of a n y department record, p u b l i c 4 7 6 - 2 4 4 8 Sgt. Bolger ( 6 1 9 ) S g t . 4 7 6 - 5 3 0 record, book, paper or document. l Deaner ( 6 1 9 ) S g t . 4 7 6 - 2 4 4 9 Kahl ( 6 1 9 ) 4 7 6 - 2 4 3 8 S g t. Kendricks ( 6 1 9 ) Administrative Investigation ( c o n t i n u e d ) : 6 9 1 - 5 2 3 5 Sgt. Meredith ( 6 1 9 ) 5 8 5 - 5 6 9 0 S g t. Petray ( 6 1 9 ) You are o ff i c i a l l y ordered not to discuss t his investigation or the a l l e g a t i o n s 6 9 1 - 5 2 2 4 S gt . Pinedo ( 6 1 9 ) with anyone other t h a n myself with the exception of your designated P o l i c e 4 0 9 - 3 8 4 2 S g t . Association representative and or an attorney. T h i s i n c l u d e s but is not l i m i t e d Ratchford ( 6 1 9 ) 4 7 6 - 2 4 5 0 S gt . Rowbotham ( 6 1 9 ) S g t . c o m m u n i c a t i o n , either on or off duty. Your failur e to a b i d e by this order w i l l Schneider ( 6 1 9 ) S gt . to, any conversation, either i n person or by t e l e p h o n e , or any written 4 7 6 - 2 4 4 6 4 7 6 - 2 4 3 9 be deemed i n s u b o r d i n a t i o n , pursuant to P D M 3 4 0 . 3 . 5 (e) and result i n Szymczak ( 6 1 9 ) 6 9 1 - 5 0 1 7 S g t . Tseko-Biffle ( 6 1 9 ) S g t . w i l l be allowed to have a representative of your choice present d u r i n g the Walker ( 6 1 9 ) S gt . . 4 7 6 - 2 4 3 7 rr� 4 7 6 - 2 4 4 5 or anyone else not connected with this investigation . Analyst � naine Abad ) 4 0 9 - 5 9 3 8 ( 6 1 9 ) 4 7 6 - 2 5 5 5 . interview, p u r s u a n t A B - 3 0 1 , an attorney, a member of the P o l i c e Association Winslow ( 6 1 9 ) 1 - administrative d i s c i p l i n e u p to and i n c l u d i n g termination of employment. You 3 8 5 - 6 7 0 0 F a x I have scheduled the interview for May 4 , 2 0 1 8 at 1 9 0 0 hours. For the benefit of a l l parties i n v o l v e d , t h i s investigation w i l l be completed as swiftly as Chulo Vista Police Department Patrol Operations Page 2 of 2 ( p o s s i b l e . S h o u l d you have any q u e s t i o n s or concerns that surface d u r i n g the course of t h i s investigation, please do not hesitate to contact m e . Sergeant Mark Meredith Patrol D i v i s i o n ( 6 1 9 ) 585-5690 John ( English From: Michael lngley To: Mark Meredith Sent: Saturday, A p r i l 2 1 , 2 0 1 8 3 : 0 6 AM Subject: Read: A d m i n i s t r a t i v e I n v e s t i g a t i o n Your m e s s a g e To: M i c h a e l l n g l e y Subject: A d m i n i s t r a t i v e Investigation Sent: S a t u r d a y , April 2 1 , 2 0 1 8 2 : 5 9 : 2 4 AM ( U T C - 0 8 : 0 0 ) Pacific T i m e ( U S & C a n a d a ) was read on Saturday, A p r i l 2 1 , 2 0 1 8 3 : 0 6 : 2 0 AM ( U T C - 0 8 : 0 0 ) Pacific T i m e ( U S & C a n a d a ) . 1 Rusty Rea ( From: Phil C o l l u m Sent: Tuesday, A p r i l To: Rusty Rea Subject: FW: P o l i c e Officer involved i n e x t r a c u r r i c u l a r activity on M o o n v i e w Drive at 4 a . m . 1 0 , 2 0 1 8 7 : 5 7 AM Acting C a p t a i n P h i l C o l l u m Support Operations Division C h u l a Vista P o l i c e D e p a r t m e n t 315 F o u r t h A v e n u e C h u l a Vista, Ca 91910 (619) 476-2454 From: Sent: M o n d a y , A p r i l 9, 2018 9 : 3 3 To: H e n r y M a r t i n < H M a r t i n @ c h u l a v i s t a p d . o r g > ; P h i l C o l l u m < p c o l l u m @ c h u l a v i s t a p d . o r g > ; J o h n M c c a n n < j m c c a n n @ c h u l a v i s t a c a . g o v > ; Patricia A g u i l a r ; Angela G a i n e s ; Mary Salas Subject: P o l i c e Officer i n v o l v e d i n e x t r a c u r r i c u l a r activity on M o o n v i e w Drive at 4 a . m . ( D e a r P u b l i c Officials: T h i s w e e k e n d at 4 a . m . on M o o n v i e w Drive t h i s i n c i d e n t with a C V P D p a t r o l officer a n d w o m a n w a s w a t c h e d by a h o m e o w n e r . You w a n t to t a l k a b o u t b a d p u b l i c r e l a t i o n s ( n o p u n i n t e n d e d ) i n o u r n e i g h b o r h o o d , t h i s w i l l do it. T h i s was a text m e s s a g e e x c h a n g e i n o u r n e i g h b o r h o o d . They don't go up the hill when wo calt with trouble up there, but over tho weekend one officer in his patrol car met his honey at 4am and they iboth went up the hill for about 2S minutes. It's catted priorities. I was watching the whole thing I was so mad morning here and told him aboutt 11. Saw another officer the next I almost called 9 1 1 at ,1am Yea,h another who was a !ady. They weren't having coffee and doughnuts c;ithN. - � - - -- - - � - The other car was a private persons car. The cop car drove down the street without I lights one minute after the gal showed up . The reason I saw this was I ' got up, to piss. The cops only go up the h i l l when they are getting some action 1 '9 ,, T h i s is t h e type of bad b e h a v i o r we are trying to e l i m i n a t e on t h i s street. I h o p e s o m e o n e w i l l take t h e t i m e to l o o k into t h i s . It l o o k s l i k e the a d d i t i o n a l l i g h t i n g on M o o n v i e w Drive is very m u c h n e e d e d a n d i m m e d i a t e l y . H o w do I get on the ( City C o u n c i l docket to r e q u e s t o n e ? 2 John ( English from: Mark Meredith Sent: Tuesday, M a y 1 5 , 2 0 1 8 1 1 :45 AM To: John Subject: Fwd: FW: Re: English S e n t from my i P h o n e B e g i n forwarded m e s s a g e : From: M a r k Meredith < M M e r e d i t h @ c h u l a v i s t a p d . o r g > D a t e : M a y 7, 2 0 1 8 a t 8 : 2 6 : 2 3 AM PDT To: J a s o n D e a n e r < j d e a n e r @ c h u l a v i s t a p d . o r g > Cc: M a r k M e r e d i t h < M M e r e d i t h @ c h u l a v i s t a p d . o r g > Subject: FW: R e : From: Sent: S u n d a y , A p r i l 29, 2018 9 : 5 2 PM To: M a r k M e r e d i t h < M M e r e d i t h @ c h u l a v i s t a p d . o r g > Subject: R e : R e : H i Sgt. M e r e d i t h : H a v e y ou t ri e d k n o c k i n g on d o o r a n d s p e a k i n g with h i m d i r e c t l y ? Letting h i m know t h a t you a re t a k i n g h i s c o n c e r n very s e r i o u s l y a n d t h a t you are i n c h a r g e of f o l l o w - u p ? I do not k n o w t h e w o m a n ' s d e s c r i p t i o n . I d o n ' t know if c a n see that d i s t a n c e . H e d o e s w e a r g l a s s e s a n d t h e y were d o w n i n t h e f a r e n d of the c u l - d e - s a c . If h e is h o m e . T h a n k s for y o u r f o l l o w - u p . It is a p p r e c i a t e d . T h e r e have b e e n no li ghts in the h o m e for a few m o n t h s b u t t h e r e a r e p e o p l e wh o live in t h a t h o m e . T h e i r t r a s h c a n s are a l w a y s f i l l e d . T he n e i g h b o r o n t h e e a s t s i d e of t h a t h o m e , I b e l i e v e , h e r n a m e is nows a n d m a y have h i s p h o n e n u m b e r . They just moved b a c k into the h o m e after a fire gutted t h e i r g a r a g e . T h e y d o h a v e w o r k i n g c a m e r a s . 1 On Sat, A p r 28, 2 0 1 8 at 2:27 AM, Mark Meredith wrote: > I do have better description Windrose tonight on knocking see more of t h e f e m a l e , on knew the some and q u e s t i o n s for y o u . such s a w two h a i r color, houses that o n t h e i r d o o r s t o m o r r o w to name of t h e s e residence. see height, had has would age, cameras, if t h e y Also First, what be possible she was of t h e that s a i d to the incident. video have wearing t h e first w a s have video a sign it taping is etc? A l s o , I l wondering progress but a was o u t next w a s I was in provide I plan if y o u did not any cameras. > > > > Thanks a g a i n for a l l the help, > > Sgt. M. Meredith > > > > From: > Sent: > To: Sunday, Mark > Subject: April 22, 2018 4 : 5 5 AM Meredith Re: > > > > No that There is is no who w a l k s one on his dog, lives over W i n d rose Way t h a t lives close enough far from to Moonview Drive that I this location. k n o w of t h a t has security cameras. > > > > > > On Sun, Apr 22, 2018 at 1:10 AM, Mark Meredith wrote: > > Good morning, > > I was the told he w i s h e d morning? neighbors had If so I do camera to remain anonymous. remember on their him. houses I was that Is early in wondering may have > > Nice to h e a r from you again. > 2 not only captured if h e the had video, incident. but if a n y o t h e r > Sgt. M M e r d i t h > > > ( > S e n t from my i P h o n e > > > O n A p r 2 1 , 2 0 1 8 , at 8 : 4 8 P M , w rote : > > H i Sgt. M e r e d i t h : > > I a m s u r p r i s e d t h a t C a p t . C o l l u m d i d n o t p r o v i d e y ou with not h av e v i d e o s u rv e i l l a n c e c a m e r a s i n s t a l l e d . You met i n f o r m a t i o n . N o, does at y o u r S u n d a y e v e n i n g g a t h e r i n g a few w e e ks b a c k . > > I f or w ar d ed y o u r e m a i l to e m a i l a d d r e s s a n d h o p e f u l l y s h e r e c e i v e s it a n d t h e y r e s p o n d . > > Sincerely, > > > > > O n Sat, A p r 21, 2 0 1 8 at 5 : 2 0 AM, M a r k M e r e d i t h < M M e r e d i t h @ c h u l a v i s t a p d . o r g > wrote: > > Good morning, > I a m Sgt M . M e r e d i t h wit h t he C h u l a Vista P o l i c e . I h a v e b e e n a s s i g n e d to i n v e s t i g a t e y o u r c o m p l a i n t r e g a r d i n g t h e officer's a c t i o n s o n 04/08/18. I w a s w o n d e r i n g if a n y of y o u r n e i g h b o r s have c a m e r a s t h at face t h e street a n d m a y h a v e c a p t u r e d t h i s i n c i d e n t . If y o u c o u l d let m e k n o w t h i s w o u l d be e x t r e m e l y h e l p f u l . If y ou have a n y o t h e r q u e s t i o n s , p l e a s e feel free to e m a i l m e . I h a ve met w i th s e v e r a l of the n e i g h b o r h o o d watch m e m b e r s in t he past, r e g a r d i n g o t h e r i s s u e s . > > T h a n k you, > Sgt. M . M e r e d i t h > T e am 6 F r i d a y - S u n d a y , 1 8 3 0 - 0 7 0 0 . > > S e n t from my i P h o n e > > > > 3 On 0 4 / 1 3 / 1 8 I received notification regarding Officer Ingley's alleged activities on 0 4 / 0 8 / 1 8 at ( approximately 0 4 3 0 hours. This notification was received via email ultimately from Chula Vista. The original RP e on duty, drove his vehicle to 400 block of Moonview. Met with an unknown female, who arrived approximately 1 minute before, then walked up the hill together. The RP stated Officer Ingley and the female came back down the hill approximately 25 minutes later. On 0 4 / 1 0 / 1 8 Lt Rea printed the CAD report of 04/08/18 for Officer Ingley. The CAD does in fact show Officer Ingley putting himself on extra patrol on the date and time in question. The CAD printout shows Officer Ingley at 0432 hours going on extra patrol on Moonview and going back into service at 0 4 5 3 hours. Also on 0 4 / 1 0 / 1 8 Lt. Rea printed the GPS coordinates for Officer Ingley's marked Chula Vista Police vehicle (P46). The vehicle's GPS also confirmed Officer Ingley's location at Moonview at the approximate times. Lastly, the daily roster showed Officer Ingley working on the night of 04/07 / 1 8 as 1 3 1 1 and driving Chula Vista Police vehicle P46. Additionally, Officer C . Walsh ( 1 3 2 J ) , H. Ingram ( 1 4 1 1 ) and D. Sachs ( 1 4 2 J ) were working in the same night as his sector partners. I contacted Officer Ingley and informed him that I would be requesting his appearance on May 7, 2 0 1 8 at 0 5 0 0 hours for an administrative interview. Per the administrative leave paperwork which stated Officer Ingley, he knew that he had the right to counsel or to have a representative of his choice, pursuant to AB - 3 0 1 1 . I sent this notification to Officer Ingley via email on 0 4 / 2 1 / 1 8 at approximately 0 3 0 0 hours. On the same day, a short time later, I called Officer Ingley and informed him of the email, the investigation and ordered him not to talk about the investigation. At approximately 0 3 0 6 hours, I was notified by email that Officer Ingley acknowledged reading the email. On 0 4 / 2 8 / 1 8 , at approximately 1 9 0 0 hours, I drove to the 400 block of Windrose to check for cameras on houses. I saw two houses had cameras on the exterior house stated it was under video surveillance any cameras on the exterior. One other but the house looked empty and I did not see Additionally, on the same day, I emailed Lt. Martin and Sgt. Giaime to see if any cameras are on the water tower. On 05/02/18 Lt. Martin notified me via email that the water tower on Moonview did not have cameras. On May 7, 2 0 1 8 at approximately 0 5 0 0 hours, Sgt. J English and I met with Officer Ingley and his legal representative, identified as Brittany Collet. Officer Ingley was provided with an administrative admonishment to include the Miranda Wavier, at which time he invoked. Ingley was then provided with the Lybarger Admonishment and Lybarger Warning. Officer After providing the Lybarger Warning, Officer Ingley was ordered to provide a statement and he complied. The following report is a summary of the interview, please see the transcript of the interview for the exact wording. I started the interview by notifying all parties present that I was recording the interview and then I activated my digital recorder. Additionally, Mrs. Collet ( recorded the interview as well STATEMENT OF OFFICERM. INGLEY: After completing these forms, I then began detailing the complaint against Officer Ingley. I explained that a resident of Windrose Ave, on 0 4 / 0 8 / 1 8 at approximately 0400 hours watched as a vehicle parked on Moonview and then a short time later a marked police unit parked next to the vehicle. The resident then watched as a female from the initial vehicle and the police officer walked up the hill. The resident said they returned to their vehicles about 25 minutes later and then left the area. conducted. I told Officer Ingley since receiving the complaint some follow up was I had in fact using the Team 6 daily patrol roster, the CAD printout and P 4 6 ' s GPS determined that he (Officer Ingley) was the officer that the resident was complaining about. I then went on to explain, the residents that live near 400 Moonview have complained numerous times about illegal activity taking place. Specifically, mostly juveniles parking their vehicle on Moonview having sex on the hill or in their vehicles and drug use. The entire neighborhood had complained about this for many years and as such, the City of Chula Vista and the Chula Vista Police Department have enacted several measures to combat this problem. Namely, putting up street lights, painting the curb red and placing signs along Moonview limiting parking time. Also, Lt. Martin and I have requested that officer's conduct extra patrols to help the neighborhood resolve these problems. I then asked Officer Ingley to explain what occurred that morning. Officer Ingley stated he inet a girl and took her up to the water tower. Officer Ingley stated he met the girl, who he later identified as , on the website Plenty of Fish. After climbing to the top of the hill, Officer Ingley stated they began to hug and "made out" and then they had sex. I asked Officer Ingley if his beat partners were aware of what he planned to do. Officer Ingley said his beat partners were unaware of what he was doing and this was an impulsive decision. Officer Ingley stated he has never done this (having sex on duty) before. I asked Officer Ingley if he contacted o his personal phone or his work phone. Officer Ingley stated on his personal phone and he would be willing to show us the website (Plenty of Fish) along with his account. Officer Ingley did show me his Plenty of Fish account, but was only able to give me a few details about . However, he stated is an Hispanic female, medium complexion, approximately 27 years old, about 5 feet 6 inches tall, with curly hair and a "big butt". Officer Ingley claimed to have blocked her number several weeks before, so he was unable to provide me with her phone number. I asked Officer Ingley if I could see his personal cell phone, but he declined. Officer Ingley said he believed and her Snap Chat user name was worked as a Medical assistant for I asked Officer Ingley why he did not have her phone number, Officer Ingley said he used an app call Text Now and has since blocked her. He continued by saying me, he met her approximately three times, once the week before meeting her on Moonview and then again, the week after. He stated they had sex once before this incident. ( S gt . English asked if he paid her money for sex. Officer Ingley said he did not. I asked Officer Ingley to tell me what kind of sex act they did while up on the hill. Officer Ingley said they were on the hill for approximately 1 5 minutes. During this 1 5 minutes Officer Ingley stated gave him a "blow job" and he had vaginal intercourse with her. I asked Officer Ingley how this was accomplished, if they laid down on the ground? Officer Ingley stated he pulled his pants down and she lifted her up her dress. I asked Officer Ingley what led up to them having sex. Officer Ingley said he did not plan to have sex with her, but throughout the night would send him videos of her masturbating. He believed they would go up to hill, but only to kiss and hug. Officer Ingley did say it was his idea to use Moonview as the location to meet. Officer Ingley also stated he placed himself on extra patrol on Moonview and he was aware of the problems that occur on Moon view. S gt . English asked ifhe was aware of the policy against having sex on duty? Officer Ingley said he was not specifically aware of this policy, but believed there was a policy against having sex on duty. I then asked Officer Ingley if he had anything else he wanted to say. Officer Ingley said, it was a bad decision and impulsive decision and should not have done it. I terminated the interview at this point. ( ci t" u aaj'--- '2- ' ev � -; c c-- \ ck � c... �G_c:...o,e..;,. � e- � � - �>'.::.-. u- aaJL � -o r l<->- � r- -t9 r 0>�. � L G-- � � tD)� ,�C��s· \--cL 6. -; C., � ') A--4- SQ--4-- ;i � .SI.\- .. (9� 1 b T .+ ;sk I 6 � c. e, le, � D W "'!.. \ :;;o \--e,_ �if-�-k,c__ \ Q.� :> r � '· v S; O +- .,,,.b "> Q.-{;- e._. 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SUPERVISOR V�RSION 6,(11:-9-2017) 18 v ID NAME PAYROLL REASON EEIO ·,. ( llOL 1 LT J AUTOLINO 973 1305 4 r65.1 1405 9 646 . SGT J HORST 140A 11 OFF M RUVAl&ABA- -V-AC VAC 05349 -047'06� PORAC reimbursed OT ., .• . OFF J SALVADOR 1206 SGT M M E R E D I T H ,, !'- 1190 te: : FIELD AGE"'TS ·.' .., , ' . ,, '., ·�, ..,,.;::� i ,:1£, ft, ;; � ; AGT S H A L L 1022 ,, i ' K9 AND CITY WIDE OFFLCERS :' .!· .. - SUPERVISOR ABSENT PERSONNEL 604 OFF G M U R O F U S H I FTO, MFF, INTX OFF B JACKSON PERT,TLO K9-6 70 1122 !SOX 13 847 lllJ 48 1193 112E 22 i218 OFF N HOW 1052 AGT P GRATON �;t/.:+.! ·t" . . .. · :·Sl:CTOR 1 ' le " . L'·· 'C .,.·,,D GHOST - 37 1177 OFF G VANHOUTEN 2 1120 O F F T LUHTA TLO, PERT, INTX, DAR PAS SWAT , . < : CSO / L O / TRAINEE ABSENT SP,CNT 114J -p···-�·;; .- •.., ·sECTOR 2 . •. •, ,· -.c·, . . • . ' ,. ...; . .. ' OFF J LAINE 38 1201 122J 39 .1198 123J 41 1197 OFF J BOYCE 124J 47 1207 OFF J GARCIA 125X 49 1171 OFF C HORN 121J . SA O F F S MILLER 113J •' > ,; ·.,, ' SGT F ROWBOTHAM OFF R HINE, J R . TLO TOTAL ABSENT •. 5ECTOR3 . '·';;,,: :,:,, " .. .. -r •. ID ' 3 00002 ANY BLUE CODE REQUIRES DOCS TO BE FILED AT PAYROLL ' .· 131J 46 1191 OFF M INGLEY 132J 40 1212 OFF C WALSH . SECJOR4 ' . 141J SS 142J 23 • ·, 1226 OFF H ING RAM, J R . 1184 OFF D SACHS . ' ; -.. )_ - \ 'J)!:Jf �NFORCEMl;NT 1800-1400 • •. 42 931T ' ' "1.· ., .; l PAS ·,, ' ;. . --�, .• TLO ,,g, D U I 1800-0400 OFF N OLUVIC 1156 SGT J HORST , , -, . ··,· . .. M I N I M U M OT STAFF 651 TOTAL OT SUPPORT ... "'..-,.i, I -; . ,. . . . . . ; � ; 1l .. , , . ;; MISCELLANEOUS Sgt OT Reimbursed by PORAC Prrnt Date 4/10/2018 K:\__ROSTERS\TEAM 6\TEAM 6 ROBO·MEREDITH\4- APRIL\APRIL Print Time 8:117 AM D e a n e r f o l l o w u p o n W i n d rose Way 05/09/18 u n l e s s noted o t h e r w i s e R e n t e r , o p e n e d d o o r , c a l l e d p r o p e r t y o w n e r , c o n f i r m e d no c a m e r a s . T h e r e h a v e b e e n no l i g h t s i n t h e h o m e for a few m o n t h s b u t t h e r e a r e p e o p l e w h o l i v e i n that h o m e . T h e i r t r a s h c a n s a r e a l w a y s f i l l e d . T h e n e i g h b o r o n t h e e a s t s i d e of t h a t h o m e , I b e l i e v e , h e r n a m e is knows m a y have h i s p h o n e n u m b e r . A p p e a r s e m p t y , c o n s t r u c t i o n i n i n t e r i o r , n o a n s w e r at d o o r , l e ft card r e q u e s t i n g c a l l b a c k Called , s h e l i v e s at , she doesn't know she a l s o d o e s n ' t have c a m e r a s o n h e r h o m e . C a l l e d , n o a n s w e r , l e ft m e s s a g e r e q u e s t i n g c a l l b a c k . R e c e i v e d c a l l from s i t u a t i o n with t h i s . Left c a r d o n d o o r r e q u e s t i n g c a l l b a c k . (1440 h r s . ) , no c a m e r a s , very s u p p o r t i v e of C V P D b u t frustrated o v e r t h e e n t i r e H e ' s t h e w i t n e s s w h o w o k e to use t h e r e s t r o o m a n d s a w b o t h v e h i c l e s s t o p a n d w a l k up the h i l l . A n s w e r e d p h o n e c a l l , n o c a m e r a s , very n i c e w o m a n . Left c a r d o n d o o r r e q u e s t i n g c a l l b a c k , r e c e i v e d c a l l at 1605 h r s . , f e m a l e s a i d t h a t t h e y d o n ' t h a v e c a m e r a s , h e r n e i g h b o r d o e s t h o u g h at (below). They j u s t m o v e d b a c k into t h e h o m e after a fire gutted t h e i r g a r a g e . T h e y d o h a v e w o r k i n g c a m e r a s . H a v e c a m e r a o n g a r a g e , a p p e a r s l e g i t i m a t e , no a n s w e r at d o o r , c a r d l e ft o n d o o r r e q u e s t i n g c a l l b a c k (1442 hrs.) Also c a l l e d a n d left m e s s a g e r e q u e s t i n g c a l l b a c k (1404 h r s . ) H e c a l l e d m e o n 05/10/18 a n d s a i d t h a t h e t h i n k s h i s c a m e r a g o e s t h a t far b a c k . I set u p a p h o n e c a l l at 1500 hrs t o d a y to a r r a n g e to m e e t w i t h h i m a n d c o l l e c t t h e e v i d e n c e s h o r t l y after a r o u n d 1 5 3 0 h r s . M e t with t h e m o n 05/10/18 at a b o u t 1600 h r s . , I p e r s o n a l l y l o o k e d at h i s c a m e r a s from 0 3 3 0 to 0445 h r s . o n 04/08/18 a n d 04/09/18 a n d o n l y s a w o n e c a r o n both d a y s , it w a s s a m e c a r at 0443 h r s . a n d 0438 h r s . w h i c h m a d e it a p p e a r to be a n e i g h b o r l e a v i n g c o n s i s t e n t l y for w o r k . N o a n s w e r at d o o r , left c a r d r e q u e s t i n g c a l l b a c k (1444 h r s ) , c a l l e d a n d left m e s s a g e r e q u e s t i n g c a l l b a c k (1452 hrs.) Left a d d i t i o n a l m e s s a g e o n t h e i r p h o n e , k n o c k e d o n d o o r o n 05/09/18 at a b o u t 1645 h r s . a n d t a l k e d with S h e s a i d t h a t they d o n ' t h a v e c a m e r a s .