COMPLAINT

    

  

    
 
 

3mmINTERNAL AFFAIRS
COMPLAINT RECEIPT AND REFERRAL FORM
LEAD SHEET

INCIDENT INFORMATION NUMBER: IA 13-001

SCHOOLS POLICE DEPARTMENT

 

 

 

Date of
Incident:

  

Varlous Day:

Various

Time:

 

Various

 

 

 
 
 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

  

 

 

 

 

 

  

 

 

 

Reggie: 4/17/13 Day: Wed Time: 1230 
Framer-Date; I 7116/113 I Day: Tues I Time: I 1230 
?13:32? 10/14/13 Day: Mon Time: 1230 
Location Location Street .
(Schooil: Various Address: WA
. Improper ConductJPolicy Pei?sonIs)
Procedure Violation Receiving: 89" Hodges

 

 

  

 

 

 

ICOMPLAINANT 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complainant's . Race} Date of
Name: Carlos RIOS Sex: Birth:
"?ace of Business
Business: Miami Jackson Senior High Address: 1751 NW 36TH STREET
Address:
CityIStatelZiP Miami, Fl 33142
?We Busmess 365?634-2621 Cellular:
Telephone: TelephonelExt:_
I. .. Street Address
ParenUGuardlann NIA CityIStateIZlP
Home Business .
Telephone: TeiephonelExt! MIA Cellular.
Complainant Yes No Pollce Case Citation
Arrested? Ki Number: Number:
Com lainant Yes No
r'nc?r?c?r?a'ted? [j 'f Where? 

 

 

 

 

 

 

Page 1 Of 3

ANNEX-A

 

 

 

 

 

 

EMPLOYEEINFORMATKNM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

. . Race!
Name. . Juan C. Empl. DOB. Exempt Se x-z 
Assigned Central Non? . 
Station: Operations Sworn Sworn El Duty SRO i

 

 



 

On Wednesday. April 17, 2013, Mr. Carlos Rios Jr., Principal at Miami Jackson
Senior High school, advised he had received information that Of?cer Juan C.
sent inappropriate text messages to a juvenile. Mr. Rios explained
that Ms. Yamaris Ramos, teacher. reported the incident to him. According to
Mr. Rios, Ms. Ramos read the text messages on the juvenile?s phone. Ms.
Ramos told Mr. Rios that she asked the juvenile who sent the text messages
and the juvenile told Ms. Ramos that it was the school police officer. Ms.
Ramos told Mr. Rios that on the juvenile?s phone, the contact name associated
with the text messages was "Police friend." Ms. Ramos further told Mr. Rios
. that the text messages she read were sexual in nature. Mr. Rios is very
arratlve. . . . . .
concerned and IS requesting an Internal Affairs investigation.

i

 

 

Page 2 of 3 AN NEX-A

REV1EWED BY:

Sergeant: (7ng Date: 
Commander: k/(ka/z Date: 3

PC CRC 

CASE ASSIGNED TO:

 

 

 

DETECTIVE: Sergeant L. Hodges Date: 4/17/13
FINAL APPROVAL: 
Chief of Police: 323/ Date: (-2- 

 

Page 3 of 3 AN 

INVESTIGATIVE
REPORTS

MEMORANDUM

TO:

FROM:

SUBJECT:

COMPLAINANT:

ALLEGATION:

OCCURRED:

EMPLOYEE:

WITNESSES:

.June 17, 2013

Edwin Lopez, Commander, internal Affairs Unit
Miami-Dede Schools Police Department

Lourdes Hodges, Sergeant, internal Affairs Unit
Miami-Dede Schools Police Department

INTERNAL AFFAIRS .
IA 13-001

Carlos Rios, Principal
Miami Jackson Senior High
1751 NW 36?" Street

Miami, FL 33142
305-634-2621

improper Conduct
April 3, 2013 --April 10. 2010

Juan C. Cecchinelli, Officer

  
    

 

Yamaris Roman, Teacher
Miami-Dade County Public Schools
1751 NW 36?? Street

Miami, Florida 33142
305-634-2621

 

Student

  

Parent

WM
DOB: EXEMPT





DOB: 



DOB:
iD#:



DOB:


 

INTERNAL AFFAIRS
Juan C. Cecchineili


DOB: EXEMPT

empr?

David Hernandez, Officer

    

ALLEGATION:

On Wednesday, April 17, 2013, Mr. Carlos Rios Jr., Principal at Miami Jackson
Senior High School, advised he had received information that Officer Juan C.
Cecchinelli sent inapprOpriate text messages to a juvenile. Mr. Rios explained
that Ms. Yamaris Roman, teacher, reported the incident to him. According to Mr.
Rios, Ms. Roman read the text messages on the juvenile's phone. Ms. Roman
told Mr. Rios that she asked the juvenile who sent the text messages and the
juvenile toid Ms. Roman that it was the school police of?cer. Ms. Roman told Mr.
Rios that on the juvenile?s phone, the contact name associated with the text
messages was "Police friend.? Ms. Roman further told Mr. Rios that the text
messages she read were sexual in nature. Mr. Rios, being concerned,
requested an internal Affairs investigation.

NARRATIVE:

Note: Florida State Statue 794.03. states it is unlawful to publish or

broadcast information identi ing sexual offense victims. For the purposes
of this report the initial ill be used In reference to the minor child.

On April 17, 2013, I provided a sworn statement at
- provided follow up sworn statements on May 9, and 10, 2013 at Miami
Jackson Senior High. - is an ESOL student with limited communication skills

Estated that on April 3, 2013 she skipped school and went to Hialeah with an
a male. stated that while she was with the adult male she was "abused"

by him. . ated she returned to her home the following day. stated that
during the time she was missing she started receiving text messages from an
unknown number. -stated that the unknown person was asking for her
location and if she was According to. she didn't know who the text
messages were from. stated the unknown sender of the text messages
asked her who she like mm the school of?ce and who was her, ?fav of?cer?"
- stated that she asks was the of?cer that knows her father, and the
person responded, ?Yes." explained that Of?cer is- known 
as the school officer, but 5 doesn't know how to pronounce his name.
further explained that her father had spoken with Officer Cecchinelli in the past.
stated that at ?rst she didn?t believe it was Officer Cecchinelli texting her.
stated she thought it was weird that Of?cer Cecchinelli would text her.

   
 

 

     
  
    

  

INTERNAL 
Juan C. Cecchinelli

stated that Of?cer Cecchinelil called her on April at approximately 1:15 pm.
but she hung up on him.

Fetated that she came back home on April in the afternoon?stated
a er she was Of?cer Cecchinelli came to her house and sta asking
her questions. lWasted she asked Officer Cecchinelli if he was the person

texting her the day before and he toid her "Yes." - slated Officer Oocchineili
a or about what had happened to her the day she went missing. According
t?he told Officer Cecchinelli that she had been sexually abused by an adult
male. - stated Officer chinelii told her she needed a rabies shot before
she came back to school. . stated she didn?t understand the reason he would
say that. - further stated that?Ofiicer Oecchineili spoke to the adult male that
had abused her via teiephone and Officer totd the offender to come to

her house to talk to her parents.

?stated that Officer Oecchinelli began texting her again the following day,
pr: 5, 2013. - stated Officer Oecchineiil sent her a text stating, ?Don't let
them know ur chating wit me." - responded, "Who my parents??" - stated
Officer Oecchinelli responded, ""Yeah, I don't need any dramei!" (See attached).
. stated Officer Cecchinelil asked her what happened after he left her house.
. stated she told him she had been to the police station and the hospital. AF.
then stated she started receiving text messages that asked inappropriate
questions, "So 3/ did say it hurt like a method! also received a text
that asked, "if no did it in the front or back":] if he knew his shit it shouldn't hurt
either way!" stated that she responded that she didn?t understand the text
and Officer Cecchineili then texted her, ?did he fucked or ass or pussy??
did n?t respond to that text or to any other text messages that day.

  
  

stated that when she returned to school on or around the am of April, Of?cer
sent for her to come to office. -advised that she was in Officer
office for approximately 30 minutes. During that time- stated
that Officer continued to ask her inappropriate questions about what
occurred to her while she was missin . -. stated that Officer Oecchinelli asked
her again if it hurt and if she bled. stated that Officer Cecehinelli's questions
made her feel uncomfortable- stated Officer then told her he
had an 11 month old baby girl and showed her a icture of his child. stated
the baby was cute. - then left the of?ce. stated that on April 10, 2013,
Officer Oecchinelli began her again. At first the text were just saying 
According to fflcer during the text conversation told her, 
Wanna dong ut too darn youngll" (See attached). When she didn?t
immediately respond, according to -, Of?cer Cecchineili sent her another text
asking if she was According to .., Officer Cecchinelii then asked her,
"So ur not interested" and she responded, - explained that Officer
Oecchinelli went on to text her mean i offered you some dick and you didn*t
want it so you doing goodl" stated that later on in the text conversation,
Officer Cecchinelli asked her to call him. - stated. she called Officer

  

 

INTERNAL AFFAIRS

Juan C. 

while she was walking home. According to. they spoke briefly.
stated she spoke to Officer again on the day she showed her

teacher, Ms. Roman, the text messages. - stated she just called Of?cer

   
  

a him she was bored. He responded that he was working and
she hung up stated that she erased her call logs because her father checks
her phone. stated she had no further Contact with Officer and

the last text message she received was on April 11, 2013. - read all of the
text messages into the record (CD is attached to this report). Photographs of
-s telephone and the text messages are attached.

On April 17, 2013, Commander Lopez, Detective Neal, and responded to the
City of Miami Police Department to discuss possible criminal rosecution. it was
not possible to do a controlled contact at the time due to phone being
disconnected. The City of Miami decided not to pursue the case criminally.

On April 18, 2013, Of?cer was told to respond to the property room
where he was notified he was under investigation and relieved of full-duty status.
While doing an inventory of his department issued vehicle a plastic bottle with
suspect marijuana was located. Of?cer Cechinelii advised the property was
found the previous day by Mr. Brown but it was easier to say he found it. Officer
Cechinelii was advised Officer Hernandez would be documenting the incident.
Also in his vehicle a plastic bag containing several sexual toys was discovered.
He acknowledged the toys were his and he took possession of them.

On April 23, 2013. Ms. Yamaris Roman, teacher, provided a swern statement at
Miami Jackson Senior High.

Ms. Roman stated that her student. was absent a few days. Ms. Roman
stated that when A.F. came back to her class, she showed Ms. Roman her cell
phone. Ms. Roman stated-. showed her text message conversations on her
phone. According'to Ms. Roman the contact name on the text message showed,
?Police friendl" Ms. Roman stated she askec- who ?Police friend" was, and
told her it was their school police of?cer, ?Chech." Ms. Roman stated she
as ed. how Officer knew her phone number. Ms. Roman stated
that-explained that she had run away from home and that her father had
given -s phone number to Of?cer so he could track her phone.
According to Ms. Roman, - told her that they had tracked her phone and
found her in Hialeah, and that was when the text messages started. Ms. Roman
stated that showed her the messages where Officer asked"
what did her a her do, an sponded that they took her to the police station
and to the hospital. Ms. oman furth Iained that she read the text
messages where Officer asked?did it hurt?" Ms. Roman stated
that A.F. responded, "hell yeah." Ms. ROI id she viewed another text sent

by Officer where he told -?Was it from the front or the back,
because if he knew what he was doing it shouldn't hurt." Ms. Roman also read a

 
    

 

   
     
  
   
 

 

INTERNAL AFFAIRS
Juan C. 

text where Of?cer asked not to tell her parents they were
chatting. and?greed. Ms Roman a vised that -told hei it was "very
weird" that Officer was textan her because he was married and had

an eleven month oid daughter

Ms. Roman stated that I ex tel nod that the text messages began when she
was missing. Ms. Roman said told her that while she was missing, she was
in someone? 6 house in Hialeah Ms. Roman stated she read some of the earlier
text messages and they stated, ?Where are you?" and ?are you Ms.
Roman stated the. told her that initially she didn't know who was her.
Ms. Roman stated that .told her the tone of the text messages changed after
she had come back home. Ms. Roman stated she stopped reading the text
messages at that point and retumed-s phone. Ms. Roman stated she then
reported the incident. Ms. Roman stated she had no additional information.

On A ril 29. 2013, I spoke with Mr. father of I, at -
his place of emp oymen . 9 provided a sworn statement

in Spanish. His translated statement is as follows.

On April 3, 20-13. his daughteqdid not go to school. Mr. _stated that
he reported her missing a the office of Miami Jackson Senior. As he was
leaving the campus, that he saw Of?cer Juan C. 
Mr. - stated that he ormed Officer Cecchinelil that his daughter was
missing and Officer told him to go home and contact the local police
to file a report since she never made it into the school. Mr. stated he
returned to his home and contacted the local police; he believe the Miami
Police Department. Shortly thereafter. Mr.? stated a public service aide
responded to his home and took his missing persons report.

At approxi ately noon, that Of?cer came to his
home. he no recall if he provided Officer Cecchinelli with

his home address or If Of?cer obtained his address from school
records. Mr. ated that Officer Ceochinelfi asked him If his daughter had
returned home. Mr. _old Of?cer Cecchinelli that she had not. Mr

stated that Of?cer asked him if his daughter had a cell phone. Mr.
stated he told Officer that his daughter did have a cell phone
an at he had been calling her but she was not answering. Mr stated
that he gave Of?cer his daughter?s cell phone number. Mr
further stated that Of?cer provided him with his phone number. Mr.
tasted the number that Officer wrote on a piece of paper was
Mr- stated he asked Officer to assist him by
doing an area canvas. Mr. stated he left on his bicycie and Officer
in his departmen sued vehicle to search the surrounding
neighborhood for his daughter, who they did not find.

Mr- stated that when he returned to his home. Officer Cecchinelii was

   

INTERNAL AFFAIRS

Juan C. Cecchinelii

waiting for him. Mr? stated that he then observed Officer Cecchinelii use
his department issue ap tOp to send a text message to his daughter?s phone.
stated the message was something to the effect of "Where are you??
stated his daughter responded with, ?Who is this?" According to Mr.
Offic ecchinelli then asked her. "Tell me where you are so I can pick
stated his daughter responded, ?i don't know who you are."
stated that Officer Cecchinelii responded, friend." Mr.? stated
Cecchinelii did not identify himself to his daughter as the school
police officer. Mr. stated that Officer Cecchinelii made several other
attempts to contact his aughter, but she did not respond. Mr.!stated that
Officer Cecchinelii then left his home advising him that he had to we the school
dismissal. MLF stated he continued searching for his daughter to no avail.
Mr. sta that the following morning, April 4, at approximately 9 or 10
am, icer Cecchinelii again responded to his home. According to Mr.
Of?cer Cecchinelii asked if his daughter had returned home. Mr.
Officer Cecchinelii that she had not.

*stated that at around 8 pm. his daughter returned home. 

   
 

  
   
   
   
  

 

   

 
 

 
 
 
  

 
   
  

od

 
  
 
  
 

Mr.
sta contacted the local police to file the missing person recovery. r.

stated he also attempted to contact Officer Cecchinelii and left him a
message on the phone number he had provided him the day before to inform him
that his daughter had returned. The local police jurisdiction responded and

according to Mr they wrote a recovery report. Shortly after the female
officer left, stated that Officer Cecchinelii arrived. Mr. stated
that. Officer Ce 0 elli spoke to his daughter in En lish. Mr. oes not
speak English, but understands some words. state he overheard
Officer Cecchinelii tell his dau hter that she needed to get rabies shots before
she came back to school. Mr. stated he did not understand the reference.
Mr. explained that while his daughter was missing, she was with an adult
male and the victim of a sexual offense there is a criminal case pending). While
Officer Cecchinelii was still there, Mr stated his wife was on the phone
with the subject of?the sex offense. gave Officer Cecchinelii the phone
and Of?cer Cecchinelii told the subject that it was best for him to respon the
home as opposed to the. police coming to get him. According to Mr.

Officer Cecchinelii continued to speak with his daughte

English and he was
not able to understand. After Of?cer Cecchinelii left, Mr tated he asked
his daughter what the Officer was talking to her about, but she could not

translate.

  
   
   
 

 
 

  

 
   

According to Mr. - he didn?t recall when his daughter came to him and
showed him messages that she was receiving from Of?cer Cecchinelii. Mr.
stated that he was concerned when his daughter read him a'message that

a ed something along the lines of ?Don?t tell iour parents you are talking to me

  
 

because i don't need any drama." Mr stated that phrase caught his
attention because if Of?cer Cecchinelii was 10 mg with his daughter why wouid
he want to keep it from her parents. Mr.- stated he believed that Of?cer

INTERNAL 
Juan C. 

Oec hlnelli told her not to tell her parents because Of?cer Oecchinelli knew that
Mr. hallways goes to school whenever there is a problem with his daughter.

and he di n?t want any problems. lv'lr. stated some of the messages that
followed were obscene in nature. lvir. stated he had planned on 'n to
the school to speak with the principal in person about his concerns. 

stated the Miami-Dada Schools Police Internal Affairs Unit contacted him
prior to his being able to respond to the school.

On May 1, 2013, Officer David Hernandez provided a sworn statement at Miami
Sunset Senior High. On May 10, 2013 a follow-up interview was conducted with
Officer Hernandez in South Operations.

Officer David Hernandez stated that he was assigned as a PPO to ride with
Of?cer during his Phase 1 training in the month of January and again
for Phase IV in April. Department training records verify that Phase iv began on
April ?12. 2013. Officer Hernandez explained the procedures for report writing on
the CAD. Officer Hernandez stated that when a report needed to be written,
Officer Cecchinelli would log in to the CAD, and then Officer Hernandez would
write the report. Officer Hernandez stated that Officer Oecchinelli never gave
him his password. Officer Hernandez stated he observed Officer use
the CAD to check his personal emails. Officer Hernandez stated he used Officer
Cecchinelli?s department issued CAD to log In to his personal email account also.

Of?cer Hernandez stated that during Phase i, Officer Cecchineiil advised him of a
Google application called Google voice. According to Of?cer Hernandez, Of?cer
Cecchinelli explained that the site provides a phone number that you can
program to your personal phone through a Google account. Officer Hernandez
stated that you can make and receive calls using the phone number provided by
Google and that you can turn the service on and off throughout the day.
According to Of?cer Hernandez, the application allows the CAD to be used like a
telephone to send and receive text messages. According to Officer Hernandez,
the CAD can also be used as a telephone with the use of a microphone and
speakers. The program allows users to have a separate phone number assigned
to the same phone. Officer Hernandez stated that Officer told him he
used the application to communicate with women he was romantically Involved
with other than his wife. Officer Hernandez stated he observed Of?cer
Geochineili use the application to talk .to women and also to receive, text
messages and photo messages. Of?cer Hernandez stated that Officer
Cecchineilt showed him photos sent by a parent from Jackson Senior that were
obscene in nature- Officer Hernandez did not recall the name of the parent
Officer Hernandez also stated Officer Cecchinelli bragged about his sexual
encounters with other women including a-staff member at Miami Jackson Senior
High School. Of?cer Hernandez stated he never observed any inappropriate
conduct by Officer Cecchinelii toward students. Of?cer Hernandez stated he was
not aware of any conversations or text messages beseech Officer 
and any juvenile. Officer Hernandez stated that Officer was

INTERNAL AFFAIRS

Juan C. Ceechinelli

courteous'andspoke in a comfortable manner with students. Officer Hernandez
- reiterated that he never observed any inappropriate behavior between Of?cer
Oecchinielli and any students at the school.

Officer Hernandez stated he is familiar with the procedures for handling found
property. Officer Hernandez stated during his Phase training in early March,
he was assigned to ride with Officer Cecchinelli for one day. Officer Hernandez
stated he could not recall the specific date. Officer Hernandez stated that he
observed a plastic reusable water bottle on the passenger floor of Officer
Cecehineili?s department issued vehicle. Officer Hernandez stated that Officer
told him that he had found the bottle. Officer Hernandez stated that
the bottle contained two large bundles of suspected marijuana and numerous zip
lock haggles commonly used for drug distribution. Officer Hernandez stated he
was surprised when he saw the water bottle again when he returned to Officer
Cecchineill for Phase which was April 12 2013 On April 18, 2013 Officer
Hernandez stated he was asked by Commander Lopez of the IAU to complete a

report forthe found property (see Case -09802).

On July 8, 2013, Assistant State Attorney Johnette was contacted and
updated on the case. The State Attorney?s of?ce advised they would not pursue

criminal charges in this case.

On Wednesday. July 17, 2013. Officer Juan C. Cecchinelli provided a sworn
statement at Miami-Dado Schools Police Department Headquarters. Also
present were. Commander Edwin Lopez. Lieutenant David Rodak. Sergeant
Valerie Staten. Sergeant Aleiandro Paiaclo, and Mr. Robert Feller. Attorney,

representing Officer Ceechinelli.

Officer Cecehinelii and his representative were afforded an opportunity to review
the investigative file and accompanying documents prior to the interview. Officer
Cecchinelli was advised of his rights and responsibilities.

Of?cer Cecchineili stated that he is employed with the Miami-Dede Schools
Police Department and was assigned to Miami Jackson Senior High as the
School Resource Officer. Officer Cecchineili stated that he was approached by

Mr. Miami Jackson Senior. Officer Oeccehineill stated he is familiar

with r. because Mr. always comes to him when he has is as
with his daughter. Officer Cecc inelli stated his daughter?
was missing. Office Cecchinelii explained that sees ever made it to

school. he advised to contact the local authorities.

 

Officer Cecehinelli stated he could not recall if he had responded to thehome on

the day the child was reported missing; however. Officer Cecehtneili stated he
Officer Cecehinelii stated he

took it Up himself to follow Up with Mr. .
saw Mr. on his bicycle and inquire - had returned. Officer
Cecchine stated Mr. _toid him she had not returned. Of?cer Ceochlnetli

INTERNAL AFFAIRS

Juan C. 

stated he gave Mr. - his Google phone number. and Mr. -gave him
-phone number. Officer stated Mr. _gave him -
phone number hoping he would contact her.

Officer explained the process he used to establish a Google Voice
account. Officer stated the reason why he used Google Voice was
because the Department does not provide officers with full service cellular
phones. Officer explained that using Google Voice facilitated his
ability to communicate and interact with the public without having to provide his
personal cell phone number. Officer stated that he no longer utilized
the Google phone number. however the phone number he used to have on his

Google account was- ?something? -.

?Note: A forensic media analysis was conducted by the United States Secret
- Service Miami Electronic Crimes Task Force on the department issued
Panasonic Toughbook CF-31 which is issued to Officer Based on
the summary of ?ndings, a review of the internei cache images revealed Officer

Juan utilizes Google Voice. The Goo ie Voice phone number utilized
by Oiticer appeared to be according to the forensic

analysis.

Utilizing an index searcW (for the purposes of this report, the victim
is - phone number, evidence was discovered which indicated

Of?cer had the victim '8 cell number saved as a contact in Google
Voice. it was noted that the suspect had the phone number saved in Google

Voice under the name, (See attached).

Officer stated that he attempted to make contact with- using the
Google Voice application: however he did not recall it he used his cell phone or
his lap top to send- atext message. Officer stated he -
several times. Officer stated hedid not identify himself to Was the
school police officer at that time because he wanted her to tell him her location.

Officer stated-Mr. hcontacted him when. returned to the
home. Officer stated he responded to the home and met with the
parents. Of?cer stated when he arrived: the parents were on the
phone with the person -iad been with during the time she was missing.
According to Officer Mr. asked him to speak with the person
on the phone and tell the person 0 "show face? at their house. Officer
stated he told the person ls-was better for him to show up to the
house before the police went looking for him: According to Officer 
the parents were upset because- ran away with an older male. Of?cer
stated he was not aware of what transpired between- and the
male during the time she was missing. Of?cer stated he told -on
the day she returned that he was the person who was sending her text messages
inquiring about her whereabouts. Officer stated he recalled making a

INTERNAL AFFAIRS
Juan C. 

comment to ELF. that she had to get "rabies shots" before she returned to school.
Of?cer stated he was ?joking and messing around." Officer.
Cecchinelli stated he did not recall if he had another interaction with the family

after this event. .

Officer Oecchinelli stated he recalled contacting. using his Googie Voice
number the day after she returned to see how she was doing. Officer Cecchinell
stated he contacted A.F., "only to find out the outcome of her case." Officer
lnelli was shown several photos of inappropriate text messages sent to
phone under the contact name; "police friend". Officer Oechinelli was
asked if he sent them. Officer official response was "i don't recall."

  
 

Officer Geochlnelli stated he did not write any police reports to document his
interactions with the famiiy. nordid he take the appro riate signal when he visited
the home because he considered he was doing Mr. favor.

 

Officer Cecchineili stated he called down to his of?ce at Jackson Sr. several
days after her return to school. 0 Cecchineili stated he spoke with. in
his of?ce while the door was open. Officer stated there was another
staff member in close proximity to the office. Officer Cecchinelii stated on other
occasions when he speaks with juveniles (male or female) that sometimes he
has someone eise in the office and on other occaslons he does not, Officer
Oecchinelli stated he called- to the office to, "follow Lip on the incident of her
being missing and the outcome of the stuff.? Officer Cecchinelli stated he
showed -. a picture of his daughter because he is proud of her.

Officer Cecchinelli stated he recalled the found preperty (plastic water bottle
containing suspect marijuana) that was discovered during the inventory of his
vehicle. Of?cer Cecchinelli stated he is aware of the procedures for hendiing
found property. however he was not aware there was a timeline to impound the
drugs. Officer Oecohinelii stated he did not recall how long he had the found
property (drugs) in his vehicle. but stated it was a few weeks. Officer 
stated he never received any instruction on how to be a Field Training Officer.

Officer Cecchineill refused to answer why he had sex toys in his department
assigned police vehicle.

IN ESTIGATIVJEFFACTS:

- lvir. Carlos Rios stated that he was informed by one of his teachers, Ms.
Roman that- had received inappropriate text messages from Officer
Juan and he reported the incident to School Pollce.

. Of?cer Hernandez stated that during Phase I of his training, Officer
Cecchinelli explained Google voice to him. According to Officer

INTERNAL AFFAIRS
Juan C. Cecchineiti

  
 

it

Hernandez, Of?cer told him he used Googie voice to talk to
women he was having sexual relationships with. Officer Hernandez stated
that Officer showed him sexually explicit text messages and
photos he received while using Geogle voice.

Officer Cecchinelli admitted to using Goegle voice on his personal cell
phone. According to Of?cer Cecchineill he used-Google voice because
the Department does not provide cellular phones that can dial out and he
did not want to give out his personal cell phone. When asked if the
conversations with Officer Hernandez were appropriate for an FTO to
have with a FPO, Officer Cecchinelli stated he never attended FTC)
training. Officer stated the Googie voice phone number he
used was - something -.

The United States Secret Service Miami Electronic Crimes Task Force
conducted a forensic anatysis of Officer Cecchinelli's department issued
computer and department issued ceil phone. A review of the internet
cache images revealed that Officer Geochlnelii utilizes Googie voice. The

(Boogie voice phone number is

Nit?stated that Officer Cecchineili responded to his home on the
day- was reported missing. According to Mr. he asked Officer

Cecchinelii to drive around looking for-while e, r. - rode his
bicycie. Mr stated that Officer Oecchineili gave him the phone
number of on the day was reported missing.

hat
Officer Cecchineiil admitted to giving lvir? his Google voice phone
number when - was missing.

Although Officer stated he didn?t recall going i home on
the day she was reported missing, he did recall seeing Mr. on his
bicycle, giving Mr. his Goegie phone number, and obtaining 
phone number from Mr.

 
   
   
 

   
  

   
 

-had a contact name "police friend" si nod to ?on her

cell phone. Utilizing an index search of ?s phone number. the Secret

Service report stated at evidence was discovered which indicated that
Officer Cecchineili had hone number saved in Google voice under
the Contact name, Officer Cecchinelli admitted to
creating a contact underthat name.

    
  
  

Officer Cecchineili stated that Mr. provided him with pho'ne
er. Officer Cecohinelli stated a sent numerous text'messages to

uring the time she was missing in an attempt to locate her.

   

- stated that during the time she was missing and unknown person was

sending her text messages asking her where she was and offering to pick

INTERNAL AFFAIRS
Juan C. 

her up. Officer admitted to sending. text messages asking
her where she was and offering to pick her up.

- stated that on the day she returned, Officer came to her
home. At that time. Officer told her he was the unknown

person who had been sending her text messages.- stated that while
on the front porch of her house. Offic cchinelii asked her what
happened to her while she was missing. stated Officer 
also told her she needed to get ?rabies shots? before she came back to

school

Of?cer Cecchinelli stated he recalled responding to Emma after she
returned. Officer stated he did not spe .F. about what
happened to her during the time she was missing. Officer Cecchinelii did
recall tellin to get ?rabies shots?. He stated he was ?joking and

messing around.?

 

  
 

 

  
  

lated that Officer spoke to the adult male

an 
subject that?staued with and told him to respond to their home before
the police came looking for him. Officer stated he spoke to the

subject and told him to respond to the home or the police would come
looking for him.

    

-. stated that Of?cer Cecchinelii sent her text messages on April 5. The
text messa as were saved on phone under "police friend".
According and the images on her phone, the first few messages

were inquiring about her welfare. - stated that Of?cer Cecchinelii then
sent her inappropriate text messages asking her details about her sexual

encounter.

_saved the messages on her phone. (See attached photos).-


ta ed she 'showed the text messages to her father, Mr._ and her
teacher, Ms. Roman. Mr. -and Ms. Roman both stated they read

the text messages.-

 

. Officer Cecchinelii admitted to sending:- text messages on. April but
only to "find out the outcome of her ca .

0 AF. stated Of?cer called her down to his office after she had
returned to school. A.F. stated that while alone with Offliecchinelli in

  

his office. he again asked her details about her case. stated that
Officer Cecchinelli's questions made her uncomfortable. stated that
while in the office, Of?cer showed her a picture of his 11 month

old daughter.
. Officer Cecchinelli stated he did recail sending to. to come to his

INTERNAL AFFAIRS
Juan C. 

office. Officer stated that in the past: he has spoken to
students male and or female in his office without anyone also being
present. Officer Cecehinelli stated there was another staff member within
proximity to his of?ce. Of?cer Cecchinelii stated he only called - down
to his office because he was worried and wanted to "follow up on the
incident of her being missin and the outcome of the stuff?. Officer
Cecchineili did recall showinha picture of his daugi'tier.

- Officer Cecchinelli stated he did not write any police reports to document
his involvement with this famtiy. Officer admitted to not

updating the CAD to re?ect the appropriate signals.

- On April 18, 2013, when Officer Oecchinelli was being relieved of duty. i
asked him if he had any outstanding reports. Of?cer Cecchinelli replied
that he had to write a found property report. asked Officer Cecohlnelli for
the details so that Officer Hernandez could write the report for him. Of?cer
Cecchinelii stated the property was fouod on the PE field at Jackson Sr.
the previous day by Mr. Brown, but it was easier to say he found it. i
asked Officer Oecchinelil why would he say he found it if Mr. Brown found
it. Officer repeated that it was easier to say he found it. lthen
directed Officer Cecchinelli to provide the correct information for the

report.

. Officer Cecchinelli did recall having found property (suspected marijuana)
in his vehicle at the time he was relieved of duty. According to Officer
Hernandez. he first saw the found property in Officer Cecehinelii?s vehicle
during his Phase lli training in early March. According to Of?cer
Cecchineili. the found property {suspected marijuana) was in his vehicle
for a few weeks. Officer Hernandez stated he again saw the same
property during Phase IV on April 12 and being asked to write the
corresponding police report on April 18. Officer Cecchineili stated he is
aware of ?the procedures for handling found property (suspected
marijuana) but didn?t know there was a timeline. Officer Cecchinolli stated
he recalied speaking with this investigator regarding thefound property.

- Of?cer Oecchinelii had sex toys in his department issued vehicle. When
asked why he would have these in his departmental vehicle, Of?cer
Geochlnelli refused to answer.

Although Officer did not admit to sending inappropriate text
messages to - he also did not deny sending them.

MEMORANDUM 
October 31, 2011



TO: Charies J. Hurley, Chief
Miami-Dede Schools Police Department



FROM: Edwin Lopez, Commander, Internal Affairs Unit
Miami~Dade Schools Police Department

SUBJECT: DISPOSITION OF PANEL FINDINGS
SERGEANT NIURKA ECHEZABAL
CASE (IMPROPER CONDUCT)

A Disposition Panel consisting of the members listed below convened on October 20,
2011 ,-to determine a disposition for the allegation made against an employee of Miami-
Dade Schools Police Department. The following represents the findings of the panel:

I. ALLEGATION: CHARLES HURLEY. CHIEF OF POLICE, 
NOTIFIED THE INTERNAL AFFAIRS UNIT THAT HE WAS INFORMED THAT
SERGEANT NIURKA ECHEZABAL HAD VIOLATED SEVERAL DEPARTMENTAL
POLICIES AND POSSIBLY INVOLVED IN CRIMINAL ACTIVITY. THE
VIOLATIONS STEM FROM THE FOLLOWING INCIDENTS:

SGT. ECHEZABAL WAS ALLEGEDLY SCHEDULED TO ATTEND ETHICS
TRAINING. STATED SHE WENT, AND NEVER ATTENDED.

2) SGT. ECHEZABAL ALLEGEDLY HAS BEEN TAKING WITHOUT
ACTUALLY SUBMITTING THE PROPER PAPERWORK AND
DOCUMENTATION AUTHORIZING HER LEAVE AND ALLOWING FOR THE
ACCURATE WITHDRAWAL OF HER 
DAYS.

3) SGT. ECHEZABAL IS ALLEGEDLY NOT IN HER ASSIGNED DURING
WORK HOURS AND AVAILABLE FOR CALLS ASSISTANCE OF

FELLOW 

THE ABOVE LISTED INCIDENTS. COUPLED WITH TWO RECENT
INDEPENDENT INTERNAL AFFAIRS CASES. ALL WITHIN A 2 MONTH SPAN,

BROUGHT CONCERN TO CHIEF HURLEY.

II. DISPOSITION: Based on the evidence gathered during this Investigation,
the allegation of CONDUCT is SUSTAINED.



IV.

VI.

OTHER FINDINGS: 
POLICY AND PROCEDURAL CONCERNS: 

RECOMMENDATIONS: Sergeant thezabal resigned from the Miami?
Dade Schools Police Department on September 15, 2011. In addition, she
relinquished her certificate issued by the Criminal Justice Standards and Training
Commission as a police officer in the State of Florida, on the same date. If former
Sergeant thezabal was still employed with the panel would have

recommended termination and restitution.

DISCIPLINE: Termination and restitution.

WW, MM

Steg?n?g?a Clark, Captain, Panel CHjairperson

 

 

Raul Correa, Member



Robert AsenciofLie??tenant, Panel Member



MEMORANDUM

TO:

FROM:

SUBJECT:

COMPLAINANT:

ALLEGATION:


EMPLOYEE:

WITNESSES:

ALLEGATION:

 

Charles Hurley, Chief of Police


October 18, 20'i'l
03

Miami-Dede Schools Police Department



z? . 

Edwin Lopez, Commander, Internal Affairs Unit
Miami-Dada Schools Police Department

INTERNAL AFFAIRS
lA#10-005

Charles Hurley, Chief

Miami-Dada Schools Police Department

 

improper Conduct

March/April of 2010

Niurka Echezabal

 

Joseph Bevilacqua

  


DOB: EXEMPT




DOB: EXEMPT



Charles, Hurley. Chief, Miami-Dada Schools Police Department 
received information that former Sergeant Niurka Echezabal. had
violated several departmental policies and procedures and possibly involved in
criminal activity. The information received by Chief Hurley included allegations of
Sergeant Echezabal not being in her assigned ?zone? during work hours and
available for calls for service and/or assistance.

 l-i's'

i til ?3 ti 1167;592:5301} i

NARRATIVE:

On March 4, 2010, a GPS tracker was placed on Sergeant Echezabal's marked
police vehicle (-). While monitoring the GPS device daily and conducting
several visual surveillances. speci?cally on March 13, 2010 and March 20, 2010,
data revealed that Sergeant Echezabal was often spending multiple hours during
her 8 hour shift at her residence. This pattern of behavior was consistent on a
daily basis and was COUpled with substantial time spent at various shopping
locations (is. Wal-Mart, Target. Payless, Avon, A review of her Daily
Activity Report (DAR) revealed that Sergeant Echezabai was fabricating calls on
her assigned laptop computer utilizing the Computer Aided Dispatch (CAD)

system (see file).

Once the above information was gathered, it was determined that Sergeant
Echezabal's conduct could possibiy be criminal in nature. At that point, Assistant
State Attorney J. Hardiman was contacted and a Court Order was obtained for
the GPS tracking device on March 23, 2010 (see 

According to the GPS tracking device and her DAR. Sergeant Echezabal
continued her pattern of behavior. fabricating a multitude of calls, shopping on
duty, and at one point, spending over three hours at a hair beauty salon in Miami
Springs white on duty, in full uniform, while calls for service held. She also
continued spending several hours at her residence during her shift (see file}.

During this investigation, it was also discovered that Sergeant Echezabal not only
fabricated numerous calls, but was also inaccurate in her DAR, often handling a
call for service for several hours according to her DAR, yet truly being at the said
location for several minutes, according to GPS reports (see file).

Due to the massive size of the GPS data report pertaining to this case, an
abbreviated chart-was created (see file). This chart highlights specific data

relevant to this case.

On Monday, September 21, 2011, Charles Hurley, Chief, provided a
sworn statement. 

Chief Hurley stated that there was commentary amongst Sergeant Echezabal's
subordinates that she was not present during her shift. Chief Hurley stated that
this was a concern for him for multiple reasons, including officer safety. He also
said that he delayed the investigation because Sergeant Echezabal was
pregnant and possibly had some health concerns. He continued to elaborate on
how his primary concern and reason for initiating this investigation was for the

safety of all people in the school community.

On Monday, September 26, 2011, Joseph Bevilacqua, Lieutenant, 

liticrnaz Uniin?! 3.5 


provided a sworn statement.

Lieutenant Bevilacqua stated that Chief Hurley approached him about looking
into Sergeant Echezabal?s ?day to day" activities. At that point, Lieutenant
Bevilacqua stated he assigned the case to me for further investigation. He stated
that he sent me to the State Attorney?s Office to obtain a court order for the GPS
tracking device after observing Sergeant Echezabal violate numerous policies
and procedures. Lieutenant Bevilacqua said that he personally followed her
during her shift. He stated that he saw her at numerous locations on duty, like
Wat-Mart, Publix and Payless Shoes in Hialeah. He also said that he saw her at
a hair salon in Miami Springs on duty. He said that she was at the salon for over
3 hours and saw her through the store front glass with the cape over her class 
uniform getting her "hair done". According to CAD records, calls for service were

?holding" during this time.

Lieutenant Bevilacqua said that he witnessed her at her residence while on duty
and said that the GPS data should reflect her exact location and the amount of

time she spent there.

INVESTIGATIVE FACTS:

0 Several of Sergeant Echezabal?s subordinates voiced concerns about her
absenteeism during her patrol shift.

. Chief Hurley, concerned for the safety of the school community, contacted
the Internal Affairs Unit to initiate an investigation.

. On March 4, 2010, a GPS tracker was placed on Sergeant Echezabal's
marked police vehicle 

. Data revealed that Sergeant Echezabal was often spending multiple hours
during her 8 hour shift at her residence.

. A review of her daily Activity Report (DAR) revealed that Sergeant
Echezabal was fabricating calls on her assigned laptop computer utilizing
the Computer Aided Dispatch (CAD) system (see file).

- Assistant State Attorney J. Hardiman was contacted and a Court Order
was obtained for the GPS tracking device on March 23. 2010 (see file).

. Sergeant Echezabal continued her pattern of behavior, ?fabricating a
multitude of calls, shopping on duty, and at one point, spending over three
hours at a hair beauty salon in Miami Springs while on duty, in full uniform,
while calls for service held.

 

 

 

 *rmw trni?;

{Eurasian Him 1-. Li 

She also continued spending several hours at her residence during her
shift (see file).

During this investigation, it was also discovered that Sergeant Echezabal
not only fabricated numerous calls, but was aisc inaccurate in her DAR.
often handling a call for service for several hours according to her DAR,
yet truly being at the said location for several minutes, according to GPS

reports (see file).

On September 15, 2011, Sergeant Echezabal submitted a ?Letter of
resignation" to the School Board of Miami-Dade County, Florida.

On September 15, 2011, Sergeant Echezabal completed an ?Affidavit of
Relinquishment of Criminal Justice Certification(s)? form and submitted it

to the GAO.

On September 26, 2011, a notification letter and phone text was
mailed/sent to former Sergeant Echezabal requesting she provide a
statement for the administrative portion of this case; she declined.

This investigation is being forwarded to the Department Disposition Panel
for further review and disposition.

 

 

 

 

 

015 Miami-Dede County School Board
Alberto M. Carvalho Dr. Solomon C. Chair
Perla Tabares Hanlman, Vice Chair

- Agustin J. Barrera

Renler Diaz de la Portilla

Dc Lawrence S. l-?eldman

September 8. 2010 Dr. Wilbert "Tee? Holloway

Dr. Martin Stewart Karp

Ana Rivas Logan

Dr. Mada Perez

'Ms. Nlurka M. Echezabal - Employee#-

 

Dear Ms. Echezabal:

The Miami-Dade County School Board took action to suspend you for 5 workdays without pay,
from your position as Sergeant at Special Protects and Patrol, at the Board meeting of

September 7, 2010.

This is your official noti?cation that you must not report to any work location from
September 8, 2010, through September ?l4. 2010. You are to report to Special Projects and Patrol

on September 15, 2010.
You have waived. in writing, your right to an administrative hearing.

Any questions regarding this matter may be addressed to the Office of Professional Standards at

(305) 9957120.
Sincerely,
Maria Teresa Rojas
Assistant Superintendent
MTdeco
L-0534

cc: Mr. Alberto M. Carvalho
SchoolBoa rd Attorney
Mr. Freddie Woodson
Ms. Vera A. Hirsh
Mr. Charles J. Hurtey
Ms. Enid Weisman
Dr. Ana M. Rasco
Mr. Edwin Lopez
School Board Clerk

Fraternal Order of Police
SENT CERTIFIED RETURN 

REQUESTED AND FIRST CLASS MAIL

Office of Professional Standards - 1500 Biscayne Blvd. Suite 222 . Miami, FL 33132
305-995-7120 . 305995-7329 (FAX) - wwdadeschoolsnet

 

?Immb?

 

 

 

 

53.4w-

 

Superintendent of Schools Miami-Dads County School Board
Alb rto M. CaNaiho Dr. Solomon C. Stinson, Chair
Perla Tabares Hanirnan, Vice Chair

Agustin J. Barrera

Renter Diaz de la Portiila

251 2010 Dr. Lawrence S. Feldman

Dr. Wilbert ?Tee" Ho?oway

Dr. Martin Stewart Karp

Ana Rivas Logan

Ms. Niurka M. Echezabai Dr. Mario Perez

 

Dear Ms. Echezabal:

This is to notify you that the Superintendent of Schools will be recommending to The School
Board of Miami-Dads County, Florida, at its scheduled meeting of September 2010, that the
School Board suepend you without pay from your current position as Sergeant at Speciai

Projects and Patro for 5 workdays; effective at the close of the workday, September 7. 2010,
for just cause, including, but not limited to: improper conduct; and violation of Miami?Dado
Schools Police Department Standard Operating Procedure, Operations 13.1,
Standards of Conduct; and School Board Rute 66x13- 4A-1.21, Responsibilities and Duties;
This action is taken in accordance with Sections and 447.209, Florida
Statutes; and Article of the Contract between the Miami-Dede County Public Schoois and the

1

Florida State Lodge, Fraternal Order of Poiice. 
You have waived, in writing. your right to an administrative hearing.

This is your notice pursuant to Florida Statute 1012.31 that the materiais contained in. your
investigative fits and in the Office of Professional Standards, is a ubllc record and it 
become availabie for inspection by the public ten days from receipt 0 this letter. Any request
made by the public for the documentation referred to above will be provided in accordance with

the laws of the State of Florida.

if the School Board accepts (or approves) the SUperintendent?s recommendation, you will be
notified of the School Board's action. 

Sincerely.

?We

Maria Teresa Rojas
Assistant Superintendent

MTdeco


cc: Mr. Alberto M. Carvalho

School Board Attorney
Mr. Freddie Woodson
Ms. Vera A. lesh
Mr. Charles J. Hurley
Ms. Enid Welsman
Dr. Ana M. Rasco

?3?Mr. Edwin Lo ez

Fraternal Or er of Police
SENT CERTIFIED RETURN RECEIPT .

REQUESTED AND FIRST CLASS MAIL

Office of Professional Standards - 1500 Biscayne Blvd. - Suite 222 - Miami, FL 33132
305-995-7120 . 305-995-7329 (FAX) - 

 

 

 

 

 

 

 

.. 5/2318 19: 80 3659957990 . 8791?" PAGE 32/52

Date: 05/ /lo
I 

Ms. Maria Teresa Rojas, Assistant Superintendent
Ol?oo of Professional Standards

1600 Biscayne Boulevard. Suite 222

Miami, Flotida 33132

Dear Ms. Rojas:

it is my understanding that I am being a?mded the option of a 5-work day suspension
without pay, in lieu of a 15-W0l?k clay suspension without pay. i hereby agree to accept the
5-wark day 503penslon and waive my rights to the following:

- Mealing priOr to Board action
0 Administraiive hearing and/or arbitration proceedings

if approved by School Beam action on September 7. 2010. this suspension will begin on

September 8, 2010, and end on September 14, 2010. I will retum to work on September
15, 2010. Furlhermor have entered into this agreement of my own ?ee will.

#749

Dale

 






Eb (dainty Psiillic, Slale Haida

0.53.Comm. Expim April 26. 2018

?5&0 No. cosmos . . (y
Domino 11m Anhuv $001000? ?i a
Notarized  1115071
August 2, 2010
CJ HI305-T57-7708

MEMORANDUM

 

(CONFIDENTIAL)
TO: Maria Teresa?Rojas, Assistant Superintendent
Office of Professional Standards
CILH

FROM: Charles J. Hurley, Chief 

Miami?Dads Schools Police Department

SUBJECT: INTERNAL AFFAIRS CASE lA#10?002
RECOMMENDATION OF SUSPENSION OF SERGEANT 

ECHEZABAL (EMPLOYEE 

The Miami~Dade Schools Police Department (M-DSPD) Internal Affairs Unit has
concluded case lA#10-002 involving Sergeant Niurka Echezabal, Patrol Services. The
allegation of improper Conduct was sustained by a Departmental Panel. The Panel?s
recommendation for discipline included the following:

- Written reprimand
Suspension of duty
- D.A.V.I.D. access suspension

Upon my review of the case file, including all witness statements, Driving And Vehicle
Information Data Base records, subject officer interview, Departmental
Disposition Panel findings and other similar cases, it is my professional opinion that the
Disposition Panel?s recommendation be adhered to, specifically the suspension of duty.

Pursuant to the contract between the Florida State Lodge, Fraternal Order of Police,
and Miami?Dade County Public Schools Page 13, Section 2. Dismissals, Suspensions
Demotions and Section 3. Cause for Suspension, both discuss suspensions and like
procedures. It goes on to state the Chief of Police may recommend suspension up to
thirty (30) calendar days without pay, providing the suspension is approved by the

Superintendent and is forjust cause. ?a
BACKGROUND r? i=3?

Sergeant Niurka Echezabal violated the D.A.V.I.D. user agreement and gin?USE
Standard Operating Procedure, Operations 13.1, Standards of Conduct, by 
conducting background checks on numerous individuals. These 
violate proper protocol. but could potentially subject the entire agency tol?fsan?ons.
Furthermore, they infringe on public trust; a key principle in the core fun?fti?in 31" our
Department?s mission. 





545?s r:


 

 

Miami?Dede Schools Police Department, Office of the Chief of Police

August 2, 2010
INTERNAL AFFAIRS CASE 
RECOMMENDATION OF SUSPENSION 0F SERGEANT NIURKA ECHEZABAL

RECOMMENDATION
That the Superintendent approve the suspension of ?fteen (15) days for Sergeant

Niurka Echezabal without pay. This will be accompanied by the appropriate
documentation in her personnel ?le, as well as the deferral from access to the
D.A.V.I.D. system for a period of time to be determined by the Chief of Police.

I concur with the Disposition Panel, and feel that a suspension of 15 days without pay is
appropriate. It is my intention to uphold the veracity of the and maintain its
integrity and relationship with the South Florida community,

Should you require any additional information, please contact me directly at (305)
757-?708.

ICJH
Attachment (case ?le)

0: Commander Edwin Lopez

 

 

 A 
June 30, 2010


 

TO: Niurka Echezabal, Sergeant, Uniform Operations
Miami-Dede Schools Poiice Department

FROM: Charles J. Hurley, Chief 

Miami?Dads Schools Police Department

SUBJECT: NOTIFICATION OF COMPLAINT CLOSURE AND INTENT TO
DISCIPLINE EMPLOYEE

This is to notify you that a complaint was made listing you as the subject. The
investigation under case lA# 10-002 for the ailegation of Improper Conduct has
been completed. After a fact-finding investigation by the Internal Affairs Unit and
review by command staff of this department, it was determined the complaint
should be classi?ed as indicated below.

 

CLASSIFICATION DISPOSITION

PERSONNEL COMPLAINT I3 MEMO TO 

GENERAL INVESTIGATION SUSTAINED I

l.A. INVESTIGATION I NOT SUSTAINED 

CIVIL DIVERSITY EXONERATED 33:8 .3

SHOOTING INVESTIGATION UNFOUNDED fat] 
In
Q3 ?a?o

Your will receive further correspondence regarding the discipline sought ??by :63

Department. 




[r
If you wish to review the 0631mm contact the Internal Affairs Unit at sagas?

 
 
 

7708. r; a,
IAM IN RECIEPTO RANDUM: . ?5 
EMPH-QYE 13? 7 DATE

our/av [o

 

 

 

I
CJH mb

 

 

 

MEMORANDUM 
. June 24, 2010



TO: Charles J. Hurley, Chief
Miami- Dade Schools Police Department

FROM: . IVI BeVIacqua, Lieutenant, lnternalAffairs Unit

  

- IN 0F PANEL FINDINGS, CASE IA 
CONDUCT (NIURKA ECHEZABAL)

LLEGATION:

On January 6, 2010, Mr. Pablo Rivera provided a sworn statement to the Miami-
Dade Schools Police Department Internal Affairs Unit (IAU), stating that
Niurka Echezabal, Sergeant, inappropriately utilized the to
call in his vehicle's tag number and find out his identity at the request of Mr.
Rolando Martinez, the husband of Sergeant Echezabal. Mr Rivera stated that this
was done in order to be able to ?le a police report with Hialeah Gardens Police
Department (HGPD) (Case 09-8548).

SUBJECT:

DISPOSITION:

:9'3331033

23?
(2:3
3?

It was determined that Sgt. Echezabal inappropriately utilized DAVID to c?ilgin the
vehicle tag number assigned to Pablo Rivera? 5 vehicle. Echezabals improper
use of DAVID compromised the integrity of the Department. 
Based on the information gathered during this investigation, to include 
statements and DAVID System information, there is suf?cient evidence to? roveu
Sergeant Echezabai violated the DAVID user agreement. Sgt. Echezaba also
violated Standard Operating Procedure 13.1 Standards of Conduct, specifically E.
Integrity, D. Obedience to Laws and Rules, G. Standard of Conduct, and R. Abuse

of Power.

During the course of the investigation, it was also discovered Echezabal
inappropriately utilized DAVID to query the names of several other citizens. The
use of DAVID was not for official business. During her course of questioning, she
gave ?curiosity? as the reason when asked why she had utilized DAVID to query

several people

Therefore, the allegation of Improper Conduct is Sustained, speci?cally violations
of Standard Operating Procedure 13.1 Standards of Conduct, specifically E.
Integrity, D, Obedience to Laws and Rules. G. Standard of Conduct, and R. Abuse

of Power.

 

OTHER FINDINGS:


POLICY AND PROCEDURAL CONCERNS:



RECOMMENDATIONS:

It is the recommendation of the Panel that Sgt. Echezabal be issued a Written
Reprimand for the violation of the DAVID user agreement and for the violation of
Standard Operating Procedure 13.1 Standards of Conduct, specifically E. Integrity,
D. Obedience to Laws and Rules, G. Standard of Conduct, and R. Abuse of

Power.

The panel further recommends, due to excessive abuse of DAVID, a suspension of
duty for a period to be determined by the Chief of Police.

In addition, it is also recommended by the panel that Sgt. Echezabal?s DAVID
privileges be suspended.

DISCIPLINE:

See above recommendations

 

 



StepHana Clark, Captain, Panel Chaiiperson

6%

Carlos Pane! Member



David Rodak, Li?utenant. Panel Member



 

7-- Iv-Nv-fvn?ul- ..

 A 
(a .

. 'I'recwaudear:
lhawm?i

 

a

Miami-Dada County School Board

Superintendent of Schools
Alberto M. Carvallio Dr. Solomon C. Stinson, Chair
Dr. Marta P?rez, Vice on air
Agustin J. Barrera
it . if Reniei?Diaz de la Portirla
197-: Dr. Lawrence S. Fel?dman
E?rm??ag?? Perla labares Hantman
Dr. Wilbert ?Tee? Holloway
Dr. Martin Karp
Chief of Police Ana Rivas 

Charles J. Hurley

June 24, 2010

Mr. Pablo Rivera

RE: INTERNAL AFFAIRS COMPLAINT 10-002

 

Dear Mr. Rivera:

Please be advised that the Internal Affairs Unit has completed the investigation of your
complaint against employees of the Miami-Dada Schools Police Department. After a
thorough review of the facts by Command Staff Of this Department, the investigation has
been classified as Sustained and will remain on file for future reference as appropriate.

if you wish to discuss the disposition of the complaint, please contact the Internal Affairs
Unit at 305~757?7708, Monday through Friday, between 8:00 am - 4:00 pm. 

Thankyou for bringing this matter of mutual concern to our attention and for your
cooperation during this investigation.

Sincerely.

  
   
  

JOSEPH BEVILACQUA, Lieutenant
Internal A airs Unit, Commander
mlrfade Schools Police Department


L: 021

The Marni?Dado Schools 2ndAvenue iririami, Pion'da 331'27' 
305-995-COPS - Fax 305<751-7626 - 

 
 
 
  
  

SCHOOLS POLICE DEPARTMENT

STANDARD OPERATING PROCEDURE

 

 

OPERATIONS 13.1 STANDARDS OF CONDUCT

TITLE: STANDARDS OF CONDUCT STANDARDS: GPA 2.05, 11.01, 36.01

EFFECTIVE: MARCH 24, 2009 ATTACHMENTS: NONE

REVIEW: JUNE, ANNUALLY REVIEWED BY: OFFICE OF THE CHIEF


I. OI. 

All employees of the Miami-Dede Schools Police Department shall conduct themselves in a
manner that re?ects ethical standards consistent with the rules contained in this Standard Operating
Procedure (SOP). The rules of conduct set forth are not Intended to serve as an exhaustive treatment of
requirements, limitations, or prohibitions on employee conduct and activities; but to guide employees in
conducting themselves both on-duty and off-duty, in a manner that reflects the professionalism required
of law enforcement personnel. 

il. PERS 
A. The Law Enforcement Code of Ethics - As adopted in SOP Administration 1.2 Authority is a

general standard of conduct that of?cers of the M-DSPD must abide by.

Employee Responsibilities - The manner in which duties are performed by each departmental
employee reflects his/her personal goals and professional attainment. Employees are

encouraged to exercise judgment, initiative. and sound reasoning in all official transactions; strive
for efficiency and effectiveness; exercise restraint in difficult situations; seek ssh-improvement
through formal and informal training; and assist fellow employees whenever possible.
Professionalism is established upon these attributes. in situations where no written directive or
supervisory guidance is available, employees are expected to analyze the situation and react in a
professional manner.

 

C. Lgyalty - in the performance of duty, an officer is called upon to make difficult decisions. They
must exercise discretion in situations where rights and liabilities are affected by their conduct and
judgment. Decisions are not made easily and involve a choice, which may cause employees
hardship or discomfort. An officer must be faithful to their oath of of?ce, the principles of
professional police service. and the objectives of the Department. in the discharge of duty, they
must not allow personat motives to govern decisions and conduct.

D. anduct Unhegomigg Qt an Qtficer - A police officer is the most conspicuous representative of

government. To the majority of people, they are a symbol of stability and authority upon which
they can reiy. Police conduct is scrutinized and. when actions are found to be excessive.
unwarranted, or unjustified. is criticized far more severely than comparable conduct of persons in
other occupations. The conduct of a public employee, on and off duty, reflects upon the
Department. Therefore. employees must avoid conduct. which might discredit themselves or the

   
  
  
  

the ntegrity of its law enforcement officers be above

te-ri The public demands th
duct, which might compromise the integrity of the

eproach. An of?cer must avoid an
Department, fellow of?cers, or themSeiv

mum - Effective law enforcem nt depends a high degree of cooperation between the
Department and the public. The practice of courtesy in public contacts encourages understanding
and appreciation. While the urgency of a situation might preclude the ordinary social amenities,

Page ?i of 6
. Rescinds Department Man as!

 

 

 

MIAMI-DADE SCHOOLS POLICE DEPARTMENT

STANDARD OPERATING PROCEDURE

discourtesy under any circumstance is indefensible. The practice of courtesy is consistent with
the firmness and impartiality that characterizes a professional police officer.

G. Attention to Duty As most police work is performed without close supervision. responsibility for
proper performance of duty lies primarily with the officer. An officer has a responsibility for the
safety of the community and their fellow officers and discharges that responsibility by diligent

performance of duty.

H. Seat Belt For the safety and security of all employees, employees must wear
available seat belts while within a School Board vehicle which is in motion.

l. Elnanclal Obligation -_Employees have stable incomes upon which they may forecast future
earnings. Financial distress may impair the individual's effectiveness and bring discredit upon the

Department. Employees should avoid incurring financial obligations that are beyond their ability to
satisfy.

J. Refusal to Work - A commitment to public service and professional ethics precludes engaging in
strikes or similar concerted activities. The Department may seek to remove from office any.

employee who plans or engages ln'a strike. work stoppage or slow?down.

K. Solicitation of Funds -. Use of M-DSPD authority. sworn or not sworn, implied or actual, for
solicitation of funds or other goods Is an improper use of such police authority without specific
authorization from the Chief of Police.

GENERAL CONDUCT AND RESPONSIBILITIES

A. Knowledge of Laws and Rules - All officers must acquire and maintain a working knowledge of
laws of the State of Florida and ordinances of Miami~Dade County; and the orders. rules.

procedures and policies of the Department and system.

B. Application of Directives Standards of conduct or performance established by Departmental
directives shall apply to all employees of the Department

C. - Rules Governing Conduct - Speci?c rules of conduct that govern every employee's action or
behavior cannot be established. Any act or omission contrary to good order. discipline. or
ccepted standards of conduct may subject an employee to disciplinary action.

 
  
 
 
 
  

a co to Laws and Rules - Employees shall comply with all federal and state laws; county
ordinances. and procedures. departmental policies, orders. procedures. and Board rules.

E. - Employees shall comply with the lawful orders of superiors and other
proper authorities as well as respond to calls for assistance from citizens. (GPA 2.05)

1. Officers assigned to specialized units or special details are not relieved of the responsibility
for initiating action outside the scope of their assignment when necessary.

2. Employees shall perform duties as required or directed by law, departmental rule. procedures
or order. or by order of a superior.

F. Reporting \?ofations of Laws. O?nances. Rules. or Orders - An employee who has information
. concerning illegal actions, dereliction of duty. malfeasance. misfeasance. or unprofessional

-nduct by another employee shall report it to an immediate supervisor.

   
 
 

tandard of Co duct Employees shall conduct their private and professional titles in such a
- anner as to avoid an adverse re?ection upon themselves or the Department.

Page 2 of 6
Rescinds Department Manuel

 

 

 SCHOOLS POLICE DEPARTMENT

STANDARD OPERATING PROCEDURE
Violations of of Conduc - Standards of conduct violations will be investigated by the

appropriate authority to determine validity of complaints and to report findings as prescribed by
existing policies and procedures.

Coggeratiog - Employees shall cooperate in inter and intradepartmental activities to achieve
effective law enforcement.

Assistance Of?cers shall take appropriate action to aid a fellow officer who is exposed to
impending danger.

Courtesy - Employees shall be courteous and civil to others.

Demeanor - Employees shali maintain a professional demeanor. They shall not behave in a
manner that detracts from a professional image.

toward ?upgriors. Subordinates. and Associate - Employees shall treat superiors.

subordinates. and associates with respect. When on duty. particularly in the presence of others,
superiors shall be addressed formally.

Conduct toward the Public - Employees shall be courteous in their relations with the public;
avoiding harsh. violent, profane or insolent language or manner. and shail maintain objective

attitudes regardless of provocation.

Cooperation with Other Agencies - Employees shall cooperate with all law enforcement agencies.
other departments and public service organizations, give aid and information to such
organizations as may be entitled and be consistent with departmental procedures.

Identification An employee shall give their name and identification number upon request. untess
extenuating circumstances dictate otherwise.

55' nmen Employees In doubt as to the nature or details of an
assignment shall seek clarification from supervisors by utilizing the chain of command.

of Position - Employees shall not use their departmental position. identification card. nor
badge for:

1. Personal or financial gain.
2. Obtaining privileges not otherwise available except in performance of of?cial duty.
3. Avoiding consequences of illegal acts.

Gifts Gratuities Fees Loans Etc - Employees shall not accept directly or indirectly any gift.
gratuity. loan. fee. consideration of services or any other item of value Which arises from or is
offered as a result of departmental employment. Employees shall not accept any gift. loan. fee.
or other thing of value. the acceptance of which might tend to influence directly or indirectly the
actions of the employee in a matter of departmental business; or that might tend to cast an

adverse reflection upon the Department.

 

Unauthorized Transactions - Employees shall not engage in business transactions with suspects.
defendants. or prisoners except as authorized by the Chief of Police or their designated

representative.

?gliciting Influence - Employees shall not solicit the aid of a Board Member or any individual or
group outside the Department for assistance in procurement of transfer. duty assignment. or
promotion.

Page 3 of 6
Rescinds Department Manual

 

 

 

BB.

CC.

IV.

SCHOOLS POLICE DEPARTMENT

STANDARD OPERATING PROCEDURE

OrganizationalAffiliations Employees shall not affiliate with or become a member of any
organization, it such affiliation or membership will in any way interfere with or prevent the

performance of duty.

Dissident Group - Employees shall not, except in the line of duty, knowingly associate with any
persons or organizations that advocate or foster hatred, oppression, or persecution of any person

or group.

Association with Criminal Element - No employee, except in the discharge of duty, may knowingly
associate with persons engaged in criminal activity.

Recommending Professional Services Employees shall not suggest, recommend, or otherwise
promote the service of any attorney, bail bondsman, towing agency. physician, or other service to
any person with whom they have contact as a result of departmental business.

Reporting to Supervisors - An employee shall advise a supervisor in the chain of command of any
unusual activity, situation, or problem in which the Department would logically be concerned and
shall make written notification any time they become involved in an investigation not previously-

assigned.

Use of Official Position for Commercial Purposes - Unless approved by the Chief of Police, no
employee shall officially endorse or subscribe to any testimonial or advertisement of any
commodity or commercial enterprise, nor authorize the use of his/her title. rank, Departmental

affiliation, or photograph.

Bribery - An employee shalt submit a written report of any bribe attempt. actual or suspected, to a
supervisor within hisIher chain of command no later than the end of the tour of duty, or within
eight hours it during off-duty time. The concerned supervisor will determine and document the

subsequent course of action.

Solicitation of Funds - Employees shall not use their departmental positions, badge, or credentials
for solicitation of funds or other goods, or attend any such functions as a representative of the

Department except as sanctioned by the Chief of Police.
GENERAL ON DUTY CONDUCT

Reporting for Duty - An employee shall report for duty at the time and place designated by their
superior. Failure to report shall be deemed neglect of duty. Unless otherwise directed, an
employee shall report to roll call at the time and place specified, properly attired and equipped. An
employee will present a neat and clean appearance unless the assignment makes this
requirement impractical. Refer to SOP Operations 9.1, Uniform Standards and Personal

Appearance.

Office Hours Normal business hours of the Miami-Dada Schools Police Department will be from
7:30 am. to 4:30 pm, Monday through Friday. An employee?s scheduled working hours may
vary from the normal business hours at the discretion of the Chief of Police.

Prohibited Activity - Except as stipulated by contract, employees shall not engage in the following
activities during duty hours:

Sleeping (unless authorized), testing or idling

Recreational activity (reading or internal)

PrIVate, commercial, business or personal transactions to include extended personal
phone calls and text messaging

Sexual relations on duty

as sore-s

Page 4 of 6
Rescinds Department Manual

 

 

MIAMI-BABE SCHOOLS POLICE DEPARTMENT

STANDARD OPERATING PROCEDURE

5. Any other behavior andior activity that would reflect negatively upon the Department
and/or lead a reasonably prudent individual to believe that inappropriate or unethical
behavior is being conducted gambling on duty. gaming on duty. etc.

Official Publications - Employees shall read all official memorandums, letters, publications, and
electronic communication directed to them. issued by the Department. Failure to sign the
acknowledgement logs or acknowledge oniine receipt does not preclude an employee from being

disciplined.

Loitering - Except to perform assigned tasks while on duty. an employee shall not enter a bar,
selling more liquor than food. or theaters.

Business Cards Business cards approved by the Chief of Police shall be used by authorized
employees in conjunction with departmental activities only.

. Leaving the County - While on duty. an employee shall not leave the Miami-Dede County limits
without authorization of his/her supervisor, except in the immediate pursuit of a person to be

arrested or cited.

Relief Except in emergencies, an employee shall not leave a post or assignment without having
been properly relieved. in such situations. the employee will notify their supervisor prior to leaving

a post or as soon as possible.

Political Membership Nothing contained herein shall be construad to affect the right of an
employee to hold membership in. or to support a political party. or to vote as he chooses,
provided attendance or activities are such that they cannot be construed as representative of

Departmental views.

Political. Religious. or Discriminatory Discussions - Employees shall not engage in political or
religious discussions to the detriment of good discipline, and will not use remarks that degrade
race. sex. religion. disability. sexual orientation and national origin. Employees will not display
any political propaganda on Department vehicles or Department facilities.

Political Activity - An employee shall not engage in the following partisan political activities while
on duty:

1. Attempt to influence or solicit political service or contributions from other employees.
2. Use departmental position. the authority inherent to the position. or any public property or
equipment for any political purpose whether on duty or off duty.

Neighborhood Disputes Officers shall not resolve their personal disputes. neighborhood. or
domestic. by use of official police authority.

Overreacting - Overreacting may be characterized by use of emotional outbursts or exhibition of
prejudice. Officers must be sensitive to the impact that their actions may have upon the

community.
Referral - Officers will be cognizant of individual rights of persons involved in incidents such as

disputes. conflicts. and other complaints. Rights and procedures will be explained to the
disputants and the parties will be advised to consult the appropriate individual or agency for

assistance.

Absent without leave - An employee shall be considered in this category when absent and leave
has not been granted.

Page 5 of 6
Rescinds Department Manual

 

 

 

 

 SCHOOLS POLICE DEPARTMENT

STANDARD OPERATING PROCEDURE

Absenteeism - An employee who is unable to report for scheduled work will notify. or cause to be
noti?ed. the concerned supervisor stating the reason and the expected date and time of return.
Notification shall be accomplished as early as practicable or pursuant to Department directives.

Iardiness - An employee shall not be tardy in reporting for duty. When on duty. an employee
shall not be delinquent in returning to their assigned workstation. post, or area from an authorized

break or leave.

Abandonment of Positions Rules relative to abandonment of position are set forth in Miami-
Dade County School Board policy and collective bargaining agreements.

Relief from Duty - Any supervisor may relieve an employee from duty to prevent embarrassment
or discredit to the Department.

Personal Telephone Number - Each employee will maintain a telephone at his/her residence or
furnish a personal telephone number where they can be contacted. Personal telephone numbers
shall be considered confidential and will not be disclosed to the public without permission of the
concerned employee. Supervisors will update their employee's emergency contact Information on

a yearly basis or as required.

Residential Adgres - Employees shall furnish their direct supervisor their residential address
within 48 hours of any change via memorandum. it the mailing address is different. that address
will also be provided in the correspondence. Supervisors will update their employee's emergency

contact information on a yearly basis or as required.

Departmental Credentials - Employees are issued Identification credentials that identify them as
members of the Department. All previously, issued identification will be returned upon re-issue of

new credentials. Employees shall not obtain additional credentials from any source not directly
authorized by the Chief of Police. Sworn personnel shall have credentials in their immediate
possession unless extenuating circumstances dictate otherwise. The loss of credentials shall be
reported immediately via Offense~incldent Report and to the employee?s direct supervisor.

Personnel Rosters - Departmental rosters are considered confidential. Distribution is restricted to
the minimum need basis and recipients are responsible for control. safeguarding. and disposal.

WW - Each area lieutenant is responsible for the printing and

maintenance of manuals issued to Department distribution under their command. Changes and
inserts shall be posted when received; manuals are subject to inspection. Lieutenants are
responsible for the maintenance of all Acknowledgement Logs for their area of command.

Internet Manual Maintenance - Each employee is responsible for the reading and updating and
acknowledgment of all rules. directives and procedures issued to them via the internet. in the

event online access is unavailable, employees will utilize the station or area hard copy.

Promulgated this day of March. 2009


Charles J. Hurley

. Chief of Police

Rescind: Department Manual

 

Page 6 of 6

 

 

MEMORANDUM

TO:

FROM:

SUBJECT:

June 15, 2010

Joseph M. Bevilacqua, Lieutenant, Internal Affairs Unit

Sergeant, Internal Affairs Unit

Edwm Lo

 

Police Department

Miami-Dede Schools Police Department

INTERNAL AF FAIRS

0-002

COMPLAINANT: -

ALLEGATION:

OCCURRED:

EMPLOYEE:

WITNESSES:

Improper Conduct

January 6,2010

 

 

 

5
Jose Cardelle

Niurka Echezabal

Julia Madriial

 
 


DOB: EXEMPT
EXEMPT


DOB: EXEMPT



DOB:


WIM
DOB:


.u?n 

 

Internal Affairs Unit
Sergeant Niurka Echezabal

ALLEGATION:

On January 6, 2010, Mr. P-F-provided a sworn statement to the Miami-
Dade Schools Police Department internal Affairs Unit stating

that Niurka Echezabai, Sergeant, inappropriately utilized the,
to call in his vehicle?s tag number and find out his identity at the
request of Mr. R- ill?the husband of Sergeant Echezabal. Mr R-
stated that this was done in order to be able to file a police report with Hialeah
Gardens Police Department (HGPD) (Case 09?8548).

NARRATIVE:

On Tuesday, February 16, 2010. P- R- provided a sworn statement at
Headquarters.

Mr. F-is the fiance of Sergeant Echezabal's husband's ex?wife, C-
A- Mr. R- stated that his fiancee, Ms. A. has been having verbal

disputes with her exehusband, Mr. M-, for several months. He stated that
the reason for the disputes stem from issues involvini; their two children. Mr.

l! stated that on several occasions, Mr. has informed Ms.
the would utilize his wife?s ability as a law enforcement officer to obtain

information of them. Mr. R- also said that in one particular incident, Mr.

followed Ms. after a meeting at a gas station which was
conducted to transfer their it dren per the sharing of custody. According to Mr.
Mr. seemed to make an abrupt driving maneuver in order to
pace is vehice In a manner in which he could visually see his ta and obtain
the vehicle tag number. This is the incident, according to Mr. that he

believed enabled Mr. M- to obtain his information.

Mr. _stated that on January 5, 2010, his fiance, Ms.
email rem her ex?husband, Mr. stating that he he numerous

police reports against himself and 3. At that point, Mr. stated that
he contacted HGPD to verify if they had indeed written a police report with him
listed in it. After HGPD confirmed they did write a police report with his name in it,
he stated that he responded to HGPD to retrieve a copy of the report. He also
said that he asked the station clerk if the person who filed the report provided his
information or if HGPD personnel had queried his name in order to obtain his
information which was listed on the report. Mr. R-said that he was told that
the person who filed the report had his information. For this reason, he believed
that Sergeant Echezabal had inappropriately utilized the police database in order
to obtain his personal information.

   
   

received an

On Thursday, February 18, 2009, Julia Madrigal, Of?cer, HGPD, provided a
sworn statement at HGPD.

Officer Madrigal stated that she wrote a police report on December 3, 2009, case

 

 

internal Affairs Unit
Sergeant Niurka Echezabal

 
 
  
  

09? 8548 (see file) in which Mr. was the reporting person. Officer
Madrigal confirmed that she wrote the report as a ?Verbal Dispute? based on the
information provided to her by Mr Officer Madrigal stated that Mr
provided her with Mr. 533 full name and age range Officer
Ig stated that she ran Mr. the DAVID system in order to obtain

his information so she can include It In the report.

 

 

Officer Madrigal stated that she spoke to Sergeant Echezabal after requesting to
that Sergeant Echezabal call her She stated that Sergeant
Echezabal contacted her. Officer Madrigal said she asked her if she? 'was in any
fear" and she stated she wasnt. Officer Madrigal stated that Sergeant Echezabal
informed her that she did not want to get involved.

 

Officer Madrigal stated that she has met Sergeant Echezabal before the
occurrence of this incident.

*Sergeant Echezabai resides within the City of Hialeah Gardens.

 
 

On Tuesdai March 16 2010, ex-wife of Mr. and fiance

 

of Mr. provided a sworn statemen Headqua ers.

Ms. A. stated that she believes Sergeant Echezabal obtained Mr. Fine
personal information during an encounter in which their children were being
transferred for custody sharing. During this event, she said that she believed Mr.
R-s vehicle tag was noted and later utilized by Sergeant Echezabal to
retrieve Mr. 5 personal information According to Ms A- she provided
Mr M_the address of Mr. on a previous occasion but never the
specific apartment number She stated that when she responded to HGPD in
order to obtain police reports filed against her and her fiance, she noticed that the
specific apartment number was noted on the report, which she stated she never
revealed. For this reason, she felt that Sergeant Echezabal inappropriately

utilized her police authority to obtain the data.

 

On Monday, May 24, 2010, Jose Cardelie, Police Support Operations,
provided a sworn statement at Headquarters.

Mr. Cardelle was asked about the specific requirements, including rules and
regulations, governing the DAVID system and Mr. Cardelle stated
that there is a specific "user agreement" that needs to be read and agreed to in
order to proceed to the operational screen on the DAVID system. He stated that
the user agreement specifically prohibits personal use and other actions. Below
is an excerpt from the actual Usage Warning? that every law

enforcement officer must agree to prior to usage:

?Unauthorized use not related to a legitimate business
purpose, personal use.,.sharing, copying or passing of DA information to

 

 

 

Internal Affairs Unit
Sergeant Niurka Echezabai

unauthorized result in civil proceeding against the offending agency
and/or criminal proceedings against any user or other person in voived. Violations
or misuse may also subject the user and the user?s agency to administrative
sanctions and possibly disciplinary action by their agency, and could result in
DA access termination.?

When presented with the DAVID records for the user bearing certificate 
-, which is issued to ?Niurka Echezabal of Miami-Dada Schools Police
Department,? Mr. Cardelie confirmed that on December 5, 2009, Sergeant
Echezabai submitted a query of her husband. According to
the records, she also queried her husband on several other dates, specifically on

July 17. 2009 and May 20,2009.

Mr. Cardelle also confirmed that on December 3, 2009, the tag number 
was queried by Sergeant Echezabai. This tag number is registered to P-
R-. Mr. Cardelle confirmed that at the time of this query, Sergeant Echezabai
was off duty according to both payroll records and data.
According to the DAVID report, the tag was queried at 1412 hours, just 68
minutes before Mr. [Vi-filed a police report with Officer Madrigal at HGPD.

Mr. Cardelle stated that on July 17, 2009, Sergeant Echezabal queried 
according to the DAVID report. The report also revealed that she ran
again on December 5, 2009, and navigated her profile including her photo
line up. Mr. Cardelle also con?rmed that Sergeant Echezabal queried 
M-is the previous last name of C- given by R-
her ex?husband and Sergeant Echezabai's current husband.

According to the DAVID report, Sergeant Echezabal also queried the name
on numerous occasions throughout the year 2009. She
specifically queried this individual on five different dates; January 27, Feb uary 9,
10, 11 and on March 20, all in 2009. She also queried on
January 13, 2009.

On Thursday. May 27, 2010, Niurka Echezabai. Sergeant, provided a
sworn statement at Headquarters.

Sergeant Echezabai stated that she has used the DAVID system and is aware of
the user agreement that must be acknowledged prior to gaining full access. She
also said don?t think so? when asked if she had ever utilized the DAVID system

while she was off-duty.

Sergeant Echezabal stated that she did not recall utilizing the DAVID system to
query tag -, which belongs to Mr. R-'s vehicle. Upon being reminded
that DAVID records indicated she queried that specific tag, she stated that she
ran that tag number because It belonged to a "subject? that had gone to her
residence. She stated that the tag number was given to her by her husband, Mr.

 

Internal Affairs Unit
Sergeant Niurka Echezabal



Sergeant Echezabal stated that she did indeed recall ?looking this individual up"
on December 3, 2009, while she was off-duty, but did not know the "specifics."
She stated that she ran the tag in order to obtain more information so she can

provide it to Mr. so that he can file a police report.

Sergeant Echezabal stated that on December 5, 2009, she ran the name 
in order to obtain her information in order to provide it to her husband so that he
could file a police report. She stated that she could not recall the reason for
querying emergency contact information on the DAVID system.

When asked for the reason she queried C- A- on July 17, 2009, she
stated she could not recall. Sergeant Echezabal also stated she could not recall

the reason for querying her husband on May 20, July 17, and December 5, all in
2009.

When asked if she knew Mr. J-M an individual that she queried on the
DAVID system on numerous occasrons throughout 2009, she stated 
M-is a friend of mine.? When asked if she knew Ms. M- an
individual that she queried on the DAVID system in 2009, she state at she
was Mr. M_?s err-wife. As for the reasoning behind Ms. M_'s query,
Sergeant Echezabal stated ?i didn?t write a report so i would say it was for
curiosity." In reference to Mr. Sergeant Echezabal stated she queried
him because ?he had asked me to ?nd out if his license was 
wasn't work related. . 

When asked if she had ever queried a person or tag for curiosity purposes,
Sergeant Echezabal stated ?yes I have.?

*Sergeant Echezabal never wrote a police report detailing any of the
events discussed in this report nor any related events involving the parties

mentioned in this report.

INVESTIGATIVE FACTS:

. On December 3. 2009. Sergeant Echezabal queried the tag -,
which is assigned to Mr. R-, who is the fiance of Sergeant Echezabal?s

husband?s ex?wife.

0 Sergeant Echezabal stated that she performed this query because of a
verbal altercation that occurred in front of her residence involving Mr.

R-, Mr. Ms. A- and Sergeant Echezabal.

. According to payroll records, strength reports and data.
Sergeant Echezabal was off~duty when she utilized the DAVID system to

 

 

 

internal Affairs Unit

Sergeant Niurka Echezabal

query tag_ and obtain Mr. i.'s personai information.

Sergeant Echezabai stated that she utilized the DAVID system to obtain
Mr. iI's information and provide it to her husband so that he could
respond to HGPD and file a police report.

Officer Madrigal of the HGPD stated that she wrote a police report
involving a verbal dispute and utilized the DAVID system to obtain
information on the parties involved.

On December 5, 2009. Sergeant Echezabai queried C- A-, her
husband's ex-wife. on the DAVID system.

Sergeant Echezabat stated that she performed this action to obtain her
information In order to provide it to HGPD for the verbal dispute report.

The HGPD police report. written on December 3, 2009, had already been
written at the time she queried Ms. I.

On Juiy17, 2009, Sergeant Echezabai queried Ms. A..

On July 17 2009 Sergeant thezabai queried 
[VI-is former last name when she was marrie to Sergeant
Echezabal? 3 current husband.

On May 20, July 17 and December 5. ail in 2009, Sergeant Echezabai
queried her husband, Mr M- on the DAVID system and stated she
did not recall the reason for performing these actions.

On January 27, February 9,10 11 and on March 20 all in 2009
Sergeant Echezabai queried J- on the DAVID system.

Sergeant Echezabat stated that Mr. M- is her "friend." and that she
queried him to find out if his license was suspended.

Sergeant Echezabai stated that her actions were not "work related."
On January 13. 2009. Sergeant Echezabal queried M- M-.
Sergeant Echezabai stated that this action was done for "curiosity."

According to the DAVID user agreement, user violations may subject the
User and agency to sanctions and disciplinary action.

According to the user agreement, unauthorized use includes
queries not related to a legitimate business purpose and personal use, to

 

internal Affairs Unit 7
Sergeant Niurka Echezabal

name a few.

9 When asked if she had ever queried a person or tag for curiosity
purposes, Sergeant Echezabal stated ?yes I have."

9 Sergeant Echezabal never wrote a police report detailing any of
the events discussed in this report nor any related events involving the
parties mentioned in this report.

a Ms. had previously filed a complaint with the IAU, which was
eventua recanted, alleging the Sergeant Echezabal inappropriately
utilized her police power and position to remove her child out of class.

This investigation is being forwarded to the Department Disposition Panel
for further review and disposition.

 

 

 SCHOOLS POLICE DEPARTMENT
INTERNAL AFFAIRS
COMPLAINT RECEIPT AND REFERRAL FORM
LEAD SHEET 

 

INCIDENT INFORMATION CASE NUMBER: IA 10002

 

..

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date?i?if . 
dent: 12/03/2009 Day. Thursday Time. 1412
Date 01/06/2010 Day' Wednesday Time: 1430
Recieved: 
Target Date: 1 04/06/2010 I Dawj Tuesday 1 Time: I 1430 
Weaver 
Date: OYWON Day. Thursday Time. 1430
Location? .- Location Street
_,__Addr_ess= WA
. Person?i A . . .
Allegation. lmproper Conduct Receiving: Detectwe E.W. Jr.

 

 

 

 

 

 



 

IQOMPLAINANT 

 

 

Complainant?s Race!
Name: Sex: Male

 

 

 

 

 

 

Place of Business
Business: Address:

 

 

 

 

 

 

Addressi
Olly/StateIZIP

 

 

 

 

 

Home Buslness

Telephone: Telephone/Ext: Cellular:

 

 

 

 

 

 

 

- 'Street Address
Parent/Guardian. City/StatelZlP

 

 

 

 

 

Home Bus?lne'ss? . 
Telephone: Telephone/Ext: NIA Cellular.

 

 

 

 

 

 

 

 

Complainant No Police Case CitEEion-
Arrested? Number: 'Number:

A

 

 

 

 

 

Complainant No -
lncarCerated? If 30. Where?

 

 

 

 

 

 

 

 

 

4 rv? '1 

 

Mum-p u. . n? .. ?q

mu" .wwv 

 

 

r? u? -



 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

. . . Race!
Name. Nrurka M, Echazabal Empl.#. - DOB. Exempt . ex: WIF
pl
Assigned Central New Duty Sergeant Central
- Station: Oj_erations Sworn [3 Assignment: Operations

 

 

 

 

 

 

 

CASE 

 

 

On January 6, 2010, Mr. P-R-provided a statement to the Miami~Dade
Schools Police Department Internal Affairs Unit stating that
Niurka 'Echezabal, Central Operations Sergeant. utilized the 

Narrative: NCIC to call in his vehicle?s tag number and ?nd out his identity at the requast
of Mr. F- the husband of Sgt. Niurka Echezabal, to be able to file
a police report with ialeah Gardens Police Department 09?8548.

REVIEWED BY: 
Sergeant: Date: 02%

Lieutenant: Date: 

LCASE 

 

 

iA 

CASE TO:
Investigator:

 

 

APPROVAL:
Chief of Police:

 

 

Dawn '1 An? 

 

 

Sup erintandenf of Schools
Alberto M. Carvaiho

Ms. Serena Y- Mike

 

Dear Ms. Mike:

  

Miami-Dada County School Board
Perla Tabares I-lantman. Chair

Dr. Lawrence S. Feidman, Vice Chair
Dr. Dorothy Bendross-Mindingall
Carlos L. Curbelo

Roofer Dinz do la Porrilia

Dr. Wilbert "Tee" Ho/Ioway

Dr. Martin Karp

Dr, Mada Perez

Raquel A. Regalado

July 19, 2012

Employee 

The Miami-Dede County School Board took action to suspend you without pay for 20 workdays,
from your position as Patrol Officer at South Operations Station 5, at the Board meeting of July

18, 2012.

This is your official notification that you must not report to any work location from
July 19, 2012, through August 15, 2012. You are-to report to South Operations Station 5 on

August 16, 2012.

You have waived, in writing, your right to an administrative hearing.

Any questions regarding this matter may be addressed to the Office of Professional Standards

at (305) 995-7125.


L-3760

cc: Mr. Alberto M. Carvaiho
School Board Attorney
Mr. Freddie Woodson
Ms. Enid Weisman
Mr. Gerald D. Kitchell
Mr. Edwin Lopez
School Board Clerk

Sincerely,

M. from: 

Ana M. Rasco, 
Administrative Director

SENT CERTIFIED RETURN RECEIPT
REQUESTED AND FIRST CLASS MAIL

Of?ce of Professional Standards ?155 Northeast 15?" Street - Suite Miami, FL 33132
305-995-7120 - 305-995-7329 - 

 

 

 

 

 
   

gwgourstudentsmewarld

Superintendent ofSchools Miami-Dade County School Board
Alberto M. a Iva/h Perla 'iabares Hantman, Choir
. Dr. Lawrence S. Feidman, Vice Chair

Dr. Dorothy Bendross-Mindingall

Carlos L. Curbs/o

Renter Diaz de la Peril/la

Dr. Wilbert "Tee? Holloway

2' 2012 Dr. Martin Karp

Dr. Marta Perez

Raquel A. Regatado

Ms. Serena Y. Miko

 

Dear Ms. Mike:

This is to notify you that the Superintendent of Schools will be recommending to The School
Board of Miami?Dede County, Florida, at its scheduled meeting of July 18, 2012, that the .School
Board suspend you without pay from your current position as Patrol Officer at South Operations
Station 5, for 20 workdays, effective, July 19, 2012, for just cause, including, but not limited to:
improper grocedure,? and violation of Miami-Dade Schools Police Department (M-DSPD)
Standard perating Procedure, Investigations 1.1 . Criminal and Personnel investigations; and
School Board Policies 4210, Standards of Ethical Conduct; and 4210.01, Code of Ethics. This
action is taken in accordance with Sections 1001 and 447.209, Florida

Statutes. .
You have waived, in writing, your right to an administrative hearing.

This is your notice pursuant to Florida Statute 1012.31 that the documents and materials
contained in our investigative file and in the Office of Professional Standards, are a public
record and will become available for inspection by the public ten days from receipt of this letter.
Any request made by the public for the documentation referred to above will be provided in
accordance with the laws of the State of Florida.

if the School Board accepts (or approves) the Superintendent's recommendation, you will be
notified of the School Board?s action.

Sincerely,
rt. rim; lei-.0.

Ana M. Rasco, 
Administrative Director

AMdeco
L-3759

cc: Mr. Alberto M. Carvaiho
School Board Attorney
Mr. Freddie Woodson
Ms. Enid Weisman
Mr. Gerald D. Kitcheli
Ms. Enid Weisman

Mr. Edwin Lopez - .
RETURN RECEIPT


 

 

Office of Professional Standards -1 55 Northeast 15'? Street . Suite P-102 Miami, FL 33132
305?995-7120 305:995-7329 (FAX) 

 

 

 

.-. ..


 



711m 190 EDGE 557?. 3597SENDER: COMPLETE THIS sscnovComplete items 1.2,and3.Nso mmplete - 3: ES 3% a 
item4 ZfRastricted Delivery lsdeslred. 5% ?g 3  
I Print your name and addms ontheteveme - .. 8 33 9.8 8 at 8
sothatwecanreturnthecardtoycu. . i9 . 9, 
Attach this ward totheback ofthe mailpiece, . .
oron?chefront if space permits. r? . Fig -
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. 1. Anbls?ddressedto: I ?58SerenaY Mik . 
Service if? 
5. JMC 3759 - :3 I?m Cf)?
DH 37 ?5 033Restrict miname 31:72 31:57 1 '1 

 

 

 



PS Form 3811. Febrqary 2:104 Domestlc Ramrn Receipt i

 

Marta?M2? arm-uncanny -

June 20, 2012

Ana M. Rasco, Administrative Director
Office of Professional Standards

155 Northeast 15?h Street. Suite P-102
Miami, Florida 33132

Dear Dr. Rasoo:

It Is my understanding that I am being afforded the option of a ZED-work day suspension
without pay. In lieu of (BO-work day suspension without pay. I hereby agree to accept
the 20-work day suspension, and waive my rights to the following:

. Meeting Prior to Board Action
. Administrative Hearing and/or arbitration proceedings

if approved by School Board action on July 18, 2012, this suspension will begin on Juiy
19, 2012 and end on August 15 2012. i will return to work on Thursday, August 16,

2012. I have entered into this agreement of my own free will

 

 

 

  

 

 

Sincerely,
WWI-1W
. SerenaY Mike
Employee_
2me 22 2m.
ness ?Date
Notarized by: (J I . 
No nasszass'
Bonded lhru ArthurJ. Gallagherau Co I, 
. (p/zo/[L

 

 



 

 

 

 

 

 

 A D_u 
May 24, 2012

GDK 1305-7 57-7708
(CONFIDENTIAL)

TO: Dr. Ana M. Rasco, Administrative Director
Office of Professional Standards

4 
FROM: Gerald D. Kitcheil, Acting Chief
Miami~Dade Schools Police Department

SUBJECT: INTERNAL CASE 11 019
RECOMMENDATION or: SUSPENSION or= OFFICER SERENA

MIKE 

The Miami~Dade Schools Police Department (M-DSPD), internal Affairs Unit has
concluded case lA# 11-019 involving Officer Serena Mike, South Operations.
The allegation of Improper Procedure was sustained by a Departmental Panel.
The Panel?s recommendation for discipline included the following:

0 Suspension of Duty a 30 calendar days

Upon reviewing the case file. which included the witness statements, subject
officer interview and Departmental Disposition Panel findings, it is my
professional opinion that the Disposition Panel's recommendation be adhered to.

Pursuant to the contract between the Florida State Lodge, Fraternal Order of
Police, and Miami-Dada County Public Schools Page 13, Section 2. Dismissals,
Suspensions, Demotr'ons and Section 3. Cause for SUSpe-nsions both discuss
suspensions and like procedures. It goes on to state the Chief of Police may
recommend suspension up to thirty (30) calendar days without pay. providing the
suspension is approved by the Superintendent and is for just cause.

BACKGROUND

Based on the evidence gathered during this investigation, Of?cer Serena Mike
violated M-DSPD Standard Operating Procedure, investigations 1.1, Criminal
and Personnel Investigations. by failing in her duties and responsibilities to notify
outside agencies regarding a sexual battery case which involved a juvenile
female and an adult male offender In addition, Officer Mike violated the
OvemirIe/Exbra Duty Details directive from the Chief of
Police by ?holding over? without supervisory approval Furthermore, E?Qf?cer?;
Mike's sworn testimony under oath con?icted with Departmental cell phone;
records which indicated that she did not communicate telephonically, utIiIzmg
her department issued cell phone, with any supervisor regarding that:
case. These violations not only violate proper protocol but could potentially

subject the agency to sanctions. .13:

?wt. 

 

 

 

Miami?Dede Schools Police Department, Of?ce of the Chief

May 24. 2012
INTERNAL AFFAIRS CASE 
RECOMMENDATION 0F SUSPENSION 0F OFFICER SERENA MIKE

RECOMMENDATONS

That the Superintendent approve the suspension of thirty (30) calendar days for
Of?cer Serena Mike without pay. This will be accompanied by the appropriate
docurnentation in her personnel file.

I concur with the Disposition Panel, and feel that a suspension of 30 days without
pay is appropriate, It is my intention to uphold the veracity of the M-DSPD and
maintain its integrity and relationship with the South Florida Community,

Should you require any additional information, please contact me directly at (305)
757?7708.


Attachment (case ?le)

o: Commander Edwin Lopez
Sergeant Edward Torrens

 

 

 

 

MEMORANDUM 

May 23, 2012


Dr. Ana M. Rasco, Administrative Director
Office of Professional Standards
FROM: Edwin Lopez; Commander, internal Affairs Unit

Miami~Dade Schools Police Department

SUBJECT: DISPOSITION OF PANEL FINDINGS FOR INTERNAL AFFAIRS

CASE #11-019, PROCEDURE
POLICE OFFICER SERENA MIKE

A department Disposition Panel meeting was convened on Friday. April .13, 2012,
to determine the appropriate disposition for the allegation made against an
employee of the Miami-Dada Schools Police Department (M-DSPD). The

following represents the investigative findings:

duty hours and submitted an Overtime Authorization Form without the!

Dermot Horgan, Captain, Miami?Dede Schoois Police
Department. requested an investigation via the Miami~Dade Schools

Police Department (M-DSPD) internal Affairs Unit into the

mishandling of a sexual battery case by Of?cer Serena Mike. According to
Captain Horgan, Of?cer Mike received information and video evidence
depicting a female child engaged in sexual intercourse with an adult male.
Captain Horgan stated that Of?cer Mike failed to notify and consult the
case with the Investigative Division the Miami?Bade Police
Department, Sexual Crimes Bureau and the Department of
Chiidren and Families (DCF). Captain Horgan advised that Officer Mike
mishandled the evidence and property, as well as, did not write a police
report until a few days later after the incident had been reported to her.
CaptainHorgan stated that Officer Mike did not advise her supervisor or
any other supervisor. Captain Horgan stated accordingly, Of?cer
Mike worked past her scheduled duty hours without prior approval or
notifying any supervisor.

DISPOSITION: Based on the evidence gathered during this
investigation, to include an and Miami-Dada County Public
Schools (M-DCPS) official attendance roster, police report (T055491), a
payroll data form, sworn statements, and Department cellular pttonetgg
records, Of?cer Mike failed to notify the appropriate agencies (DOE: 
MDPDISCB) after identifying a Juvenile female victim and an adulgi?malefg}?
offender in a sexual battery case. Officer Mike worked past her scheduled;

Cf;
L.

a.
.

'cg'
I

.

t.



 

 

DISPOSITION OF PANEL FINDINGS: CASE IA #11-019 Page 2

approval of any M-DSPD supervisor. In addition, Officer Mike's sworn
testimony under oath con?icted with Departmental cell phone records,
which indicated that she did not communicate telephonically with any M-
DSPD supervisor regarding the case. This conflict gives the appearance
that Officer Mike perjured herself when she stated that she notified an
afternoon patrol sopervisor (Sgt. Alejandro Palacio). Officer Mike said she
intended to return to Coral Reef Senior High School on Wednesday,
December 7 2011 to complete her investigation. According to the South
Operations attendance roster, on Wednesday, December 7, 2011, Officer
Serena Mike called in a sick day and did not report for work.

Therefore. the allegation of improper Procedure is 

iil. RECOMMENDATONS: it is recommended that Officer Serena Mike
receive 30 calendar days suspension without pay.

IV. OTHER FINDINGS: The Departmental Disposition Panel
recommended a policy review for notification timelines. in addition, the
Panel recommended a policy language revision to include notifying the
Immediate supervisor subsequent to the outside agency notifications.

V. DISCIPLINE: Base upon the findings of this investigation, the
members of the Disposition Panel recommended that Officer Serena Mike
be suspended, without pay, for a period of 30 calendar days.

 
  

Panel Members
ManueiArrebola Panel Chairperso 7


David Rodak, Panel Member 

Raul Correa, Panel Member_

EL/et
0: Gerald D. Kitchell, Acting Chief

 

 

EMORANDUM


May 24, 2012


TO: Serena Mike. Officer. South Operations
Miami-Dada Schools Police OWE
FROM: Gerald D. Kitchell. Acting Chief

Miami-Dacia Schools Police Department

SUBJECT: NOTIFICATION OF COMPLAINT CLOSURE AND INTENT TO



This is to notify you that a complaint was made listing you as the subject. After a
fact~tinding investigation was completed by the internal Affairs Unit, it was
determined the complaint should be classified as indicated below.

The investigation under case lA#11-019, for the allegation of 
PROCEDURE, has been completed. If you wish to review the complaint contact

the tntemat Affairs Unit at 305-995-7703.

CLASSIFICATION

PERSONNEL COMPLAINT El
GENERAL INVESTIGATION El
IA. INVESTIGATION I
CIVIL DIVERSITY El
SHOOTING INVESTIGATION El

PROPOSED DEPARTMENTAL ACTION SOUGHT

 

Suspension 30 days

wove: SIGNATURE
Z. ably/{L 



DISPOSITION
MEMO To FILE
SUSTAINED 
NOT SUSTAINED I
EXONERATED Er
UNFOUNDED LEI
DATE
f?24?r 

 

 

 

MEMORANDUM 

TO: 

FROM:

SUBJECT: DISPOSITION OF PANEL FINDINGS FOR INTERNAL AFFAIRS cit-:3

May 23. 2012


Dr. Ana M. Rasco, Administrative Director 15-, 
Office of Professional Standards 

Edwin Lopez, Commander, Internal Affairs Unit 
Miami? Dade Schools Police Department 3:725

CASE #11~019. IMPROPER PROCEDURE 
POLICE OFFICER SERENA MIKE

A department Disposition Panei meeting was convened on Friday, April 13, 2012.
to determine the appropriate disposition for the allegation made against an
employee of the Miami-Dade Schools Police Department (M-DSPD). The

foliowing represents the investigative findings:

ALLEGATION: Dermot Horgan, Captain. Miami-Dede Schools Police
Department. requested an investigation via the Miami?Dede Schools
Police Department (M- DSPD) Internal Affairs Unit (IAU) into the 
mishandling of a sexual battery case by Officer Serena Mike. According t0?
Captain Horgan, Officer Mike received information and video ewdencen
depicting a female child engaged in sexual intercourse with an adult Inale - 3
Captain Horgan stated that Officer Mike failed to notify and consult: :the- 
case with the DSPD Investigative Division (ID), the Miami-Dade Polilce
Department, Sexual Crimes Bureau and the Department of 
Children and Families (DCF). Captain Horgan advised that Officer Mike -
mishandled the evidence and property, as well as did not write a police 9
report until a few days later after the incident had been reported to5 her 
Captain Horgan stated that Officer Mike did not advise her supervisor or
any other supervisor. Captain Horgan stated accordingly. Officer
Mike worked past her scheduled duty hours without prior approval or
notifying any M-DSPD supervisor.

DISPOSITION: Based on the evidence gathered during this

investigation, to include an M-DSPD and Miami-Dade County Public
Schools (M-DCPS) official attendance roster. poiice report (T 05549), a
payroll data form, sworn statements. and Department cellular phone
records. Officer Mike failed to notify the appropriate agencies (DCF. ID,
after identifying a juvenile female victim and an aduit male
offender in a sexual battery case. Officer Mike worked past her scheduled

duty hours and submitted an Overtime Authorization Form without the-

 

w?m 7-. winavi; ILvu-nl'm-





 

 

 

 

 

DISPOSITION OF PANEL CASE IA #11-019 Page 2

approval of any M-DSPD supervisor, In addition, Officer Mike?s sworn
testimony under oath conflicted with Departmental cell phone records,
which indicated that she did not communicate telephonically with any 
DSPD supervisor regarding the case. This con?ict gives the appearance
that Officer Mike perjured herself when she stated that she notified an
afternoon patrol supervisor (Sgt. Alejandro Palacio). Officer Mike said she
intended to return to Corai Reef Senior High School on Wednesday.
December 7, 2011. to complete her investigation. According to the South
Operations attendance roster, on Wednesday, December 7, 2011, Officer
Serena Mike called-in a sick day and did not report for work.

Therefore, the allegation of Improper Procedure is SUSTAINED.

llI. RECOMMENDATONS: It is recommended that Officer Serena Mike
receive 30 calendar days suspension without pay.

IV. OTHER FINDINGS: The Departmental Disposition Panel
recommended a policy review for notification timelines. In addition, the
Panel recommended a policy language revision to include notifying the
immediate supervisor subsequent to the outside agency notifications.

V. Base upon the findings of this investigation. the

members of the Disposition Panei recommended that Officer Serena Mike
be suspended, without pay. for a period of 30 calendar days.

Manuel Arrebola. Panel Chairperso 


David Rodak, Panei Member Law
War-V 
(?aw/dim? 
~1ij

     
   

Panel Members

 

Raul Correa, Panel Member

EL/et
0: Gerald D. Kitchell, Acting Chief

 

 

 

 

MEMORAN DU 
May 24, 2012

GDK [305-757-7708


TO: Dr. Ana M. Rasco, Administrative Director
Office of Professional Standards 51

FROM: Gerald D. Kitchell, Acting Chief

Miami-Dado Schools Police Department if 
SUBJECT: AFFAIRS CASE 11-019 

RECOMMENDATION OF SUSPENSION 0F OFFICER SERENA

MIKE (EMPLOYEE-) 

The Miami-Dads Schools Police Department (M-DSPD), internal Affairs Uhlt has
concluded case lA# 11-019 involving Officer Serena Mike, South Operations.
The allegation of Improper Procedure was sustained by a Departmental Panel.
The Panel's recommendation for discipline included the following:

. Suspension of Duty .- 30 calendar days

Upon reviewing the case file, which included the witness statements, subject
of?cer interview and Departmental DiSposition Panel findings, it is my
professional Opinion that the Disposition Panel's recommendation be adhered to.

Pursuant to the contract between the Florida State Lodge, Fraternal Order of
Police, and Miami-Dads County Public Schools Page 13, Section 2. Dismissals,
Suspensions, Demotions and Section 3. Cause for Suspensions both discuss
SUSpensions and like procedures. it goes on to state the Chief of Police may
recommend suspension up to thirty (30) calendar days without pay, providing the
suspension is approved by the SUperintendent and is forjust cause.

BACKGROUND

Based on the evidence gathered during this investigation, Officer Serena Mike
violated M-DSPD Standard Operating Procedure, investigations 1.1, Criminal
and Personnel investigations, by failing in her duties and to notify
outside agencies regarding a sexual battery case which involved a juvenile
female and an adult male offender. in addition, OfficerMike violated the
Overtime/Extra Duty Details directive from the Chief of
Police by ?holding over" without supervisory approval. Furthermore, Officer
Mike's sworn testimony under oath con?icted with Departmental cell phone
records, which indicated that she did not communicate telephonically, utilizing
her- department issued cell phone, with any supervisor regarding the
case. These violations not only violate proper protocol, but could potentially

subject the agency to sanctions.

 

 

Mm. 

- n?w n.

 

Miami-Dede Schools Police Department. Of?ce of the Chief

May 24, 2012
INTERNAL AFFAIRS CASE 
RECOMMENDATION 0F SUSPENSION OF OFFICER SERENA MIKE

RECOMMENDATONS

That the Superintendent approve the suspension of thirty (30) calendar days for
Of?cer Serena Mike without pay. This will be accompanied by the appropriate
documentation in her personnel file.

I concur with the Disposition Panel, and feel that a suspension of 30 days without
pay is appropriate. It is my intention to uphold the veracity of the and
maintain its integrity and relationship with the South Florida Community.

Should you require any additional information, please contact me directly at (305)
75727708.


Attachment (case file)

0: Commander Edwin Lopez
Sergeant Edward Torrens

 

 





 

 

 

 

 

DISPOSITION

 

IA Panel: Serena Devoe CASE it 11-019

April 13, 2012

Allegation: See File
Disposition: gm ?Lu- deaf

Recommendation:
POLICH @iEU-lj (1)07?1' 74/14? AWSK 
- Si}? .0: VLSL J13 (UPI v: (?1ij 123} LIVE JUJTA W:

 

Other findings:
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(NH: i1: UM gun? and i1 +1M??lx/ Mamvef

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EANEL ME MBERS

Manuel Arrebola, Panel Chairpe 5

Davis Rodak, Panel Member

Raul Correa, Panel Member 



Discipline: 
. . LU 9/ - 

 

 

 

      

The 2011 Florida Statutes

  
          
   
    

Chapter 112

Title 

PUBLIC AND

PUBLIC AND GENERAL
RD NS

112.533 .Receipt and processing of complaints?Mu-am 
4 -

the undersigned, do hereby swear, under penalty of perjury, that,
to the best of my personal knowledge, information, and belief, 
have not knowingly or willfully deprived, or allowed another to
deprive, the subject of the investigation of any rights contained in
95. 112.532 and 112.533, Florida Statutes.?

  

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Signature Date

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COMPLAINT

 

 SCHOOLS POLICE DEPARTMENT
INTERNAL AFFAIRS
COMPLAINT RECEIPT AND REFERRAL FORM
LEAD SHEET

 

    
  
  
   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INCIDENT INFORMATION CASE NUMBER: MEN-Q19 
Date of .
I Incident: I 12106/2011 Day. 1503 I 
Date I . 
Received: 12113/2011 Day: Tuesday lime: 1400 
I Target Date: I 03/11/2012 I Day: Sunday 1?7Ime: I 1400 
I 06/09/2012 Day: SaturdaaiIJ?J Time: I 2_ 1400 
. .J 
Ls?gg)?; South Operations South Operations
. Personts) -
AIIegatIon. Improper Procedure Receiving: Sergeant Edward 1 orrens

 

 

 

 

 

 

 

(COMP LAINANT INFORMATIQEI

   

 

   

Complainant Dermot org an HM [?ing EXEMPT

Name:

 

 

 

 

 
 
   

 

 

 

   
 
 

 

    
  

 

 

Place of SCHOOLS Business 6100 NW 2WAVENUE

  

 

   

 

 

 

    

 

Business: POLICE DEPARTMENT Address: MIAMI. FL 33127
Address: NIA
2_2 

 

   

 

 

 

   

 

 

 

 

   

 

 

 

 

   

 

 

 

 

   

 

 

 

 

 

 

   

 

 

 

   

 

 

   

 

 

$33.22 I 335-75573 
'PatentIGuardIan: NIA I, _1
NIA JR Gene;? 1-: NIA 
[32:25:12 32; 912,221? -1 
?mp'aihant Yes IfSo,w11:re? - NIA

 

 

     

    

 

 

 

 

Incarcerated? 

 

 

Page 1 of 2 ANNEX 

 

mm WM

EMPLOYEE INFORMATIONI

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

. Race!
LrName. Serena (Devoe) MIke Empl. - DOB. - EXEMPT Sex: 
. Non- SCHOOL
Bout-I1 sworn Sworn Duty RESOURCE
Station. OperatIons OFFICER

 




 

 

 



 

I CASE SYNOPSISI

- . . ON TUESDAYI DECEMBER 13. 2011, DERMOT HORGAN, CAPTAIN, 
I SCHOOLS POLICE DEPARTMENT. REQUESTED AN INVESTIGATION VIA THE
. MIAMI-DADE SCHOOLS POLICE DEPARTMENT INTERNAL AFFAIRS
. UNIT (IAU) INTO THE MISHANDLING OF A SEXUAL BATTERY CASE BY OFFICER
SERENA MIKE. ACCORDING TO CAPTAIN HORGAN. OFFICER MIKE RECEIVED
- INFORMATION AND VIDEO EVIDENCE DEPICTING A FEMALE CHILD ENGAGED
IN SEXUAL INTERCOURSE WITH AN ADULT MALE. CAPTAIN HORGAN STATED
. THAT OFFICER MIKE FAILED TO NOTIFY AND CONSULT THE CASE WITH THE
hamme- INVESTIGATIVE DIVISION (ID), THE POLICE
. . DEPARTMENT, SEXUAL CRIMES BUREAU, AND THE DEPARTMENT OF
CHILDREN AND FAMILIES (DCF). CAPTAIN HORGAN ADVISED THAT OFFICER
MIKE MISHANDLED THE EVIDENCE AND PROPERTY, AS WELL AS, DID NOT
WRITE A POLICE REPORT UNITL A FEW DAYS LATER AFTER THE INCIDENT
HAD BEEN REPORTED TO HER. CAPTAIN HORGAN STATED THAT OFFICER
MIKE DID NOT ADVISE HER SUPERVISOR OR ANY OTHER 
SUPERVISOR. CAPTAIN HORGAN STATED ACCORDINGLY. OFFICER MIKE
WORKED PAST HER SCHEDULED DUTY HOURS WITHOUT PRIOR APPROVAL

. OR NOTIFYING ANY SUPERVISOR.

     

 

 
   
     
   
   
   
     
       
       
     
 

 

 

REVIEWED 

Sergeant: Date:

Commander: Date: 1/ S2 

 

ICASE CLASSIFICATION

GI IA SI

CASE ASSIGNED TO:
INVESTIGATOR: Sergeant Edward Torrens Date: December 14, 2011

 

 

 

Page 2 of 2 ANNEX-A

 

 

 

 

 




i" i
olseosrrou OF PANEL FINDINGS CASE 13?005

SUBJECT: DISPOSITION OF PANEL FINDINGS, CASE #13-005
CONDUCT UNBECOMING OF AN VIOLATIONS
OFFICER DARLENE MILIAN

I. ALLEGATION: OFFICIAL IUIISCONDUCT, GRAND THEFT, UNLAWFUL
COMPENSATION, FALSIFYING OFFICIAL RECORDS,
DUTIES

On October 17th, 2013, Lieutenant Robert Asencio responded to the Professional
Compliance Unit and filed a formal complaint on Officer Darlene Milian. The
complainant alleges that Officer Milian has left her assigned area on several occasions
without supervisory approval.

According to complainant, Officer MiIian, on several occasions, has abandoned her
post. Officer Milian returned to full duty on 8/10/2013 and was assigned to Miami
Edison Middle School in the Central Operations Division.

During that time, Officer Milian has been away from her assigned area without
supervisory permission on several occasions. One of the times. when the complainant
confronted her she admitted to being out of the area and not notifying any supervisor.

This behavior is in direct violation of the Florida State Statutes and Miami Dade Schools
Police Department?s Standard Operating Procedures, Standards of Conduct 
particularly the below excerpts:

STANDARDS OF CONDUCT 13.1:

(IV) GENERAL 0N DUTY E3
4: 
Reporting for Duty: if; :3

3:11; 
(A) An employee shall report for duty at the time and place designatedsby their
superior. Failure to report shall be deemed neglect of duty. Unless git-termites
directed, an employee shall report to roll call at the time and place spaci?igd,
properly attired and equipped. An employee will present a neat a?ljd clean
appearance unless the assignment makes this requirement impracticali?efer?fto
SOP 43, Uniform Standards and Personal Appearance. 

(B) Office Hours - Normal business hours of the Miami?Dede Schools Police
Department will be from 7:30 am. to 4:30 pm, Monday through Friday. An
employee's scheduled working hours may vary from the normal business hours at
the discretion of the Chief of Police.

(C) Prohibited Activity Except as stipulated by contract, employees shall not engage in
the following activities during duty hours:
1. Sleeping-(unless authorized), loafing or idling

Page ?i of 4

 

 



. i
DISPOSTIUN OF PANEL FINDINGS ?lA CASE #13?005

. Recreational/non-work related activities (reading or internet)

. Private, commercial, business or personal transactions to include extended personal
phone calls and text messaging .

. Sexual relations on duty

.'Possession of alcohol in a school district vehicle

. Smoking in school district vehicle

. Driving a school district vehicle while intoxicated or under the influence of illegal
drugs

. Any other behavior and/or activity that would reflect negatively upon the Department
and/or lead a reasonably prudent individual to believe that inappropriate or unethical
behavior is being conducted gambling on duty, gaming on duty, etc.

00M

01?}

Residential Address:

(U) Employees shall furnish their direct supervisor their residential address within 48
hours of any change via memorandum.

Furthermore, after a physical, virtual, and electronic investigation, the PCU
discovered that her continued behaviors were criminal in nature and also violated
the following Florida State Statutes and Departmental Rules and Regulations.

sor?msn. STANDARDS OF CONDUCT:

PERSONAL CONDUCT

(D) Conduct Unbecoming of an Officer .. A police officer is the most conspicuous
representative of government. To the majority of people, they are a symbol of stability
and authority upon which they can rely. Police conduct is scrutinized and, when actions
are found to be excessive, unwarranted, or unjustified, is criticized far more severely
than comparable conduct of persons in other occupations. The conduct of a public
employee, on and off duty, reflects upon the Department. Therefore, employees must
avoid conduct, which might discredit themselves or the Department.

(E) Integrity The public demands that the integrity of its law enforcement officers be
above reproach. An officer must avoid any conduct, which might compromise the
integrity of the Department, fellow officers, or themselves.

Attention to Duty As most police work is performed without close supervision,
responsibility for proper performance of duty lies primarily with the officer. An officer has

a responsibility for the safety of the community and their fellow officers and discharges
that responsibility by diligent performance of duty.

GENERAL CONDUCT AND RESPONSIBILITIES
(El) Application of Directives - Standards of conduct or performance established by

Departmental directives shall apply to all employees of the Department.

Page 2 of 4

 

 

. i. 5 
DISPOSTIUN OF PANEL FINDINGS 13-005

(C) Rules Governing Conduct - Specific rules of conduct that govern every
employee?s action or behavior cannot be established. Any act or omission contrary to
good order, discipline, or accepted standards of conduct may subject an employee to

disciplinary action.

(D) Duty Responsibilities - Employees shall comply with the lawful orders of superiors
and other proper authorities as well as respond to calls for assistance from citizens.

(0 FA 2.05)
1. Officers assigned to specialized units or special details are not relieved of the

responsibility for initiating action outside the scope of their assignment when

necessary.
2. Employees shall perform duties as required or directed by law, departmental

ruie, procedures or order, or by order of a superior. F. Reporting Violations of
Laws and Ordinances, Rules.

(G) Standard of Conduct Employees shall conduct their private and professional lives
in such a manner as to avoid an adverse reflection upon themselves or the Department.
FLORIDA STATE STATUTES:

838.022 OFFICIAL MISCONDUCT: 

(1) It is unlawful for a public servant, with corrupt intent to obtain a benefit for any
person or to cause harm to another, to:

Falsify, or cause another person to falsify, any official record or official document;
Conceal, cover up, destroy, mutilate, or alter any official record or official document
or cause another person to perform such an act; or

Obstruct, delay, or prevent the communication of information relating to the
commission of a felony that directly involves or affects the public agency or public entity

served by the public servant.
(2) For the purposes of this section:
The term "public servant" does not include-a candidate who does not otherwise

qualify as a public servant.
An official record or official document includes only public records.
(3) Any person who violates this section commits a felony of the third degree

812.014 GRAND THEFT:

(1) A person cemmits theft if he or she knowingly obtains or uses, or endeavors to
obtain or to use, the property of another with intent to, either temporarily or permanently:

Deprive the other person of a right to the property or a benefit from the property.

Page 3 of 4

 

 

 
DISPOSTIUN OF PANEL FINDINGS -IA LASE #13?005
339.13 FALSIFYING OFFICIAL RECORDS

(1) Except as provided in subsection (2), if any judge, justice, mayor, alderman, clerk,
sheriff, coroner, or other public officer, or employee or agent of or contractor with a
public agency, or any person whatsoever, shall steal, embezzle, alter, corruptly
withdraw, falsify or avoid any record, process. charter, gift, grant, conveyance, or
contract, or any paper filed in any judicial proceeding in any court of this state, or shall
knowingly and willfully take off, discharge or conceal any issue, forfeited recognizance,
or other forfeiture, or other paper above mentioned. or shall forge, deface, or falsify any
document or instrument recorded, or filed in any court, or any registry. acknowledgment,
or certificate, or shall fraudulently alter, deface, or falsify any minutes-documents,
books, or any proceedings whatever of or belonging to any public office within this state;
or if any person shall cause or procure any of the offenses aforesaid to be committed, or
be in anywise concerned therein, the person so offending shall be guilty of a
misdemeanor of the first degree

Ii. DISPOSITION:
Based on the preponderance of the evidence obtained during this investigation, the

allegations of Official Misconduct, and the aforementioned violations of state laws and
Departmental Policy and Procedure violations are SUSTAINED.

OTHER FINDINGS:

NONE

IV: POLICY AND PROCEDURAL CONCERNS:
NONE

V. RECOMMENDATIONS:

The panel recommends that Officer Darlene Milian be separated from her employment
with the Miami Dade Schools Police Department.

VI. DISCIPLINE:

The panel would unanimously recommend the Department initiate termination

pmbuajsu no necessary to Officer Milian? resignation

Ca ta 
M335 

Lieutenant 

Page 4 of 4

 

 

 

 

 

 

 

 

Castro, Joyce M.

 

From: Kitchen, Gerald D.

Sent: Wednesday, May 07. 2014 10:13 AM
To: Castro, Joyce M.

Subject: FW: iA 134305 Officer Millian

M5. Castro

Per our conversation, Officer Darlene Milian resigned while under investigation for Moral Character Violations. The
Investigation is still ongoing Please PC this individual to restrict from further hiring The findings will be forwarded to

your office upon completion of the investigation.

 

.. . .

From: Rodak David A.

Sent: Wednesday, May 07, 2014 9:48 AM
To: Kitchen, Gerald D.

Subject: IA 13-005 Officer Millian

Deputy Chief Kitchell,
As you know of?cer Milan resigned while under investigation. She is not eligible for are hire.

Thank you,
Lt. David Rodak

Sent time my Verizon Wireless 48 L113 smumhonu

 

 

 COUNTY PUBLIC SCHOOLS OFFICE
OF HUMAN RESOURCES
1450 NE 2ND AVENUE. SUITE 160
Miami, FL 33132

O_t_3f08/ 16
Date

 

LETTER OF RESIGNATION

Tho Schoot Board of Miami-Dede County. Florida
1450 NE. 2nd Awenue
Miami, Fl. 33132 .

Dear Board Members:
Please accept my resignation from the Miami-Dede County Public Schools for the following reason(s):

Personal Reasons

 

lam requesting this resignation become effective 08(08118 which wlti be
my hot day of employment. I understand that by resigning my {ultrtimo employment. all active
secondary assignments (any other employment with the school district) will also be terminated.
Furthermore. i understand that. in order to return as a part-time empioYee (lnctuding temporary
Instructor/substitute) i mustwalta period of at least six months before I can? be rehired.

Respectfully.

Paton EdWard

PFILeeti me, Fl Name


 

 

Signature Employee Number 
Petroi Of?cer 9938 
Current Position Work Location g.

Home Address

Check one:

x!
irecommenci that this resignation be'eocepted.

WI thi won not be accepted.
MW 

gi/?w
Signature of PrincipetlDoparip dot Head

co: Administrator. Personnel Records. Wt 93%? SBAB Roomiso
NOTE: Work sites must enter the correct lamination code in the SAP system and forward
the original letter of resignation to Personnel Operations and Records Please maintain a
copy of the letter in the employee's work site tile folder. The employee?s work site folder
must be kept attire location for one year. After one year. forward ?le to WI. 9319, SBAB.
Room 150 - for imaging.

 

Hill-6020 Rev. (02-16)

 

 



 

 

 

 

 

MEMORANDUM

TO:

June 24, 2016

David A, Rodak, Lieutenant, Professional Compliance Unit

Miami Dade Schools Police Department
. "?l'ii?ii?rfw
FROM: Lourdes Hodges, Sergeant, Protessmnal Compliance Ul'itt i
Miami Dade Schools Police Department
SUBJECT: INTERNAL AFFAIRS INVESTIGATION lA# 16?001

COMPLAINANT:

ALLEGATION:

The has adopted the Code of Ethics'as published by the International

Gerald Deputy Chief

Miami-Dede Schools Police .

6100 NW 2?d Avenue 
Miami, FL 33127 g;
305-757-7703 g:

Conduct Unbecoming an Officer a,
Standards of Conduct 
General Conduct on Duty -
Student Supervision and Welfare i i

(43

Association of Chiefs of Police. All sworn police officers of this Department, in the
execution of their duties and responsibilities, shall abide by the following Code of Ethics.

(CFA 2.02)

LAW ENFORCEMENT CODE OF ETHICS

As a LAW ENFORCEMENT my fundamental duty is to serve the
community; to safeguard lives and property; to protect the innocent against
deception, the week against oppression or intimidation, and the peaceful against
violence or disorder; and to respect the Constitutional rights of all men to liberty,

equality and justice.

will keep my private life unsullied as an example to all and will behave in a
manner that does not bring discredit to me or to my agency. i will maintain .
courageous caim in the face of danger, scorn, or ridicule; develop self~restraint;
and be constantly mindful of the welfare of others. Honest in thought and deed in
both my personal and o?icial life, I will be exemplary in obeying the laws and the
regulations of my Department. Whatever see or hear of a con?dential nature or
that is confided to me in my official capacity will be kept ever secret unless
revelation is necessary in the performance of my duty.

wilt never act oh?iciousiy or permit personal feelings, prejudices, political beliefs,
animosities or friendships to influence my decisions. With no compromise for
crime and with relentless prosecution of criminals, will enforce the law

 

 

 

INTERNAL AFFAIRS CASE 16-001
EDWARD PATON

courteously and appropriately without fear or favor, malice or ill will, never
employing unnecessary force or violence and never accepting gratuities. 
recognize the badge of my office as a symbol of public faith, and accept it as a
public trust to be long as are true to the ethics of the police service. 
will never engage in acts of corruption or bribery, nor will I. condone such acts by
other police Officers. will cooperate with all legally authorized agencies and their

representatives in the pursuit of justice.

know that I alone am responsible for my own standard of professional
performance and will take every reasonable opportunity to enhance and improve
my level of knowledge and competence. .

will constantly strive to achieve these objectives and ideals, dedicating myself
before God to my chosen enforcement.

CONDUCT and DISCIPLINARY PROCESS SOP 11

II.

PERSONAL CONDUCT

B. Conduct Unbecoming of an Officer A police officer is the most
conspicuous representative of the government. To the majority of people, they
are a symbol of stability and authority upon which they can rely. Police conduct
is scrutinized and, when actions are found to be excessive, unwarranted, or
unjustified, is criticized far more severely than comparable conduct of persons in
other occupations. The conduct of a public employee, on and off duty, reflects
upon the Department. Therefore, employees must avoid conduct, which might

discredit themselves or the Department.

GENERAL CONDUCT AND RESPONSIBILITIES

G. Standards of Conduct Employees shall conduct their private and
professional lives in such a manner as to avoid an adverse reflection upon

themselves or the Department.

IV. GENERAL 0N DUTY CONDUCT

C. Prohibited Activity Except as stipulated by contract, employees shall not
engage in the following activities during duty hours: .

2. Recreation/non-work related activities (reading or internet)

8. Any other behavior and/or activity that would reflect negatively upon the
Department and/or lead a reasonably prudent individual to believe that
inappropriate or unethical behavior is being conducted gambling on

duty, gaming on duty, etc.

 

 



INTERNAL CASE 16~001
EDWARD PATON

V. Administrative Directive #13-17 Social Media/Social Networking

Employees shall not engage in any social media/social networking during duty hours
unless authorized by the Chief of Police or his designee.

Vl. SCHOOL BOARD POLICY 7540- Computer Technology and Networks

Social medial shall be defined as inlernet?based applications (such as Facebook, My
Space, Twitter, etc.) that turn communication into interactive dialogue between users.
The Board prohibits any access and use of social media by students and staff members
from the District's network, except to the District's collaboration sties and for approved

sites as directed by the Superintendent.

Vii. SCHOOL BOARD POLICY 4213- Student Supervision and Welfare

(E) not inappropriately associate with students at any time in a manner which may give
the appearance of impropriety. including but not limited to, the creation or participation
in any situation or activity which could be considered abusive or sexually suggestive or

involve illegal substances such as drugs, alcohol, or tobacco;

OCCURRED: Multiple dates

EMPLOYEE: Edward Paton WM
6100 NW 2"d Avenue DOB: EXEMPT
Miami, FL 33127 

305-757-7708

BF
DOB: 


WITNESSES:

 



wwmw? 

 

INTERNAL CASE 16?001
EDWARD PATON

ALLEGATION:

The complainant. Deputy Chief Gerald Kitcheli received information provided by the
Florida Department of Law Enforcement (FDLE) regarding the online enticement of
children for sexual acts. to include two (2) reports from the National Center for Missing
and Exploited Children (NCMEC). One report indicates online ?grooming" type behavior
between a minor Miami-Dede student (video interview provided by FDLE) and an
internet Protocol (iP) Address associated with Officer Edward Paton's home address at
the time of the communications. The other report involves an unconfirmed minor from
outside the United States and similar communication with the IP address associated
with Ofc. Paton's home address.

NARRATIVE:

The Florida Department of Law Enforcement (FDLE) conducted an interview with
a minor, listed in a report from the National Center for Missing and

Exploited Children (NCMEC). According to the CyberTip received by NCMEC, S-

 

was the victim of online enticement of child ran for sexual acts. stated
she is iyears old and attends . According to Ms.
mother) she is only able to use her cell phone for internet

access. s.?stated had her cell phone privileges taken away last year

when her parents discovered she was talking to an older adult male in New Jersey.

admitted to visiting Taggedcom. She advised her user name is She
recalled meeting someone by the name of Ed or Eddie. According to 6 two

chalted online for a short period of time during the summer of 2015. She stated Ed

offered to take her to lunch, however, she stated they never met. She further stated

they did not speak on the phone or in person, nor did they exchange any pictures.

8- stated she deleted all of her social media applications shortiy after the

beginning of the 2015-2016 school year- stated she has had no further contact

with Ed since then. Based on their investigation. FDLE determined that Ed was Of?cer

Edward Paton. currently employed by the Miami?Dede Schools Police Department.

They forwarded the information to the Miami-Dade Schools Police Professional

Compliance Unit for follow up.

 
 
  

On March 30, 2016, the PCU received information from. the Florida Department of Law
Enforcement (FDLE) regarding the Online Enticement of Children for Sexual Acts by
one of our of?cers, Edward Paton. The FDLE provided two reports from the National
Center for Missing and Exploited Children (NCMEC) and the video interview of a
luvenlle female. The reports indicated grooming" type behavior.

The Professional Compliance Unit (PCU) requested FDLE conduct an integrity check on
our employee where an FDLE agent posed as a juvenile female and attempted to make
. contact with Ofc. Paton. Ofc. Paton did not respond to the attempts.

The PCU requested 3 subpoenas for the lP address listed in the NCMEC report to verify
associated cell phone numbers. However, the cell phone carrier was unable to verify

4

 

 


INTERNAL AFFAIRS CASE 16-001
EDWARD PATON

any phone number due to rolling iP addresses. The PCU requested FDLE conduct a
forensic analysis of the juvenile femaie?s cellphone.

Tho PCU also requested the United States Secret Service conduct a forensic
analysis of Ofc. Edward Paton?s Department Issued computer.

A review of both reports revealed no communication between Ofc. Paton and the
juvenile were recovered. Specifically, the communication provided by the NCMEC

report was not found on either device.

On May 3, 2016, ASA Johnette Hardlman was presented with the results of the reports
and the facts of this case. ASA Hardiman advised to handle this case administratively.

On May 11, 2016, I met with Ofc. Paton and provided his noti?cation of complaint letter.

On May 27, 2016, Ofc. Edward Paton was interviewed at the Miami?Dado Schools
Police Department Headquarters. Present for the interview were, Lt. David Rodak,
Sergeant Valerie Staten, FOP Staff Representative Joseph Puleo, Officer Edward Paton

and myself.

Ofc. Paton verified his information and con?rmed his previous home address was -

which is the same address provided on the NCMEC report and
associated with the computer lP address of?. Ofc. Paton stated he lived at
that address from approximately 2012 to December of 2015. He stated he lives alone
and his daughter stays with him twice a week He confirmed he owns a home computer
that is not password protected, indicating anyone who visits his home has access to his
computer. Ofc. Paton also provided his personal email account which he stated was
which is the same email address provided on the NCMEC report
and used on the applicationTagged.com.

Ofc. Paton confirmed that he visits many social media/dating sites to Include
Taggedcom. Taggedcom is the reporting Electronic Service Provider (ESP) that sent
the CyberTip to NCMEC concerning oniine enticement of children for sexual acts.

Ofc. Paton stated that he uses Taggedcom frequently. Ofc. Paton stated he has met
girls using the site Taggedcom. Ofc. Paton stated that he was not aware of speaking
with any underage girls while using Tagged. He explained that Tagged.com is an adult
site and you need to enter a birthdate that reflects at least 18 years of age. Ofc. Paton
recalled meeting and chatting with a on Taggedcom. He stated they spoke
sporadically over a period of approximately a month. and only via Tagged. Although the
NCMEC report indicates user Ed Paton asking - how old she is, and if she wanted
to hook up sometime, what school she attended and numerous requests to go to lunch,
Ofc. Paton stated he did not recall any of those conversations.

Ofc. Paton was afforded the opportunity to view the FDLE interview of- and stated
the girl in the video ?kind of" looked like the profile picture on Tagged, but he wasn?t

5

 

i
INTERNAL AFFAIRS CASE 16~001
EDWARD PATON

100% certain. He denied ever meeting her in person or speaking to her on the
telephone. Ofc. Paton stated he could not recall any of the conversations captured in

the NCMEC report.
Ofc. Paton stated he did not recall any details pertaining to the second NCMEC report.

i asked Ofc. Paton if he visited social media sites from his department laptop. He stated
he uses his cell phone. He further stated he uses social media to pass the time if he is
not busy during his shift. A forensic analysis of Ofc. Paton?s Department Computer
revealed numerous social media and shopping sites were accessed. When confronted
with the detailed report of his department laptop, Ofc. Paton stated he may have used
the department laptop to look up different sites. He indicated he is a member of
Match.com. Based on a random sampling of entries, the report indicates Matchcom
was accessed 44 times. Ofc. Paton also admitted to using other social media sites and
shopping sites such as Ebay and Leo Affairs as recently as a few weeks before this

interview.

There is no additional information of evidentiary value to this case at this time.

The Miami Dade Schoois Police Department will convene a Department Disposition
Panei (DDP) to decide the official closure status of this case.

INVESTIGATIVE FINDINGS:

. The M-DSPD was contacted by FDLE regarding an allegation of ?Online
Enticement of Children for Sexual Acts.

. The .FDLE provided 2 reports from NCMEC and a video interview.

. PCU requested DLE conduct an integrity check where an DLE agent posed as
a minor female and attempted to contact our officer. He did not respond to the

contact.
0 The PCU requested 3 subpoenas for the IP addresses listed in the report to

verify associated cell phone numbers. The cell phone carrierWas unable to
verify any phone number due to rolling lP addresses.

0 The PCU requested FDLE conduct a forensic analysis of the juvenile femaie's
phone.

0 The PCU also requested the conduct a forensic analysis of the Officer's
Department issued computer.

. The forensic reports did not recover any conversations between the minor female
and our officer. Specifically, the conversations provided-by FDLE from the

- 

 

 

IN i ERNAL AFFAIRS CASE 16-001
EDWARD PATON

NCMEC reports were not foimd on either the juvenile's phone or the of?cer?s

computer.

. The NCMEC report indicates that the iP Address?is registered to an
address associated with Edward Paton.

. At the time the electronic conversations took piece. Ofc. Edward Paton lived at

the address provided on the NCMEC report.

. Taggedcom is the reporting Electronic Service Provider (ESP) that submitted the
CyberTlp to NCMEC.

. Taggedcom provided an ESP user name of and a user ID of 
beionging to .

. The date of birth provided by Taggedcom for the-is -, indicating a
.year old. Her actual date of birth based on school records is 

. Taggedcom provided an ESP user name of Eddie loves his Owner! and a user

ID of? Ed Paton of -

. The date of birth provided by Taggedmm for Ed Paton is - which is the
date of birth on Department records for Ofc. Edward Paton.

. Although the NCMEC report shows several lP addresses for both parties. the
ESP user lD?s remain consistent with ones provided by Taggedcom.

  

was interviewed by the FDLE. She stated she spoke to
Ed for a brief time period last summer using Taggedcom. -stated she
never spoke on the phone with Ed. She stated that although Ed asked her to
lunch, she never met him in person. She advised the only picture of Ed she saw
was his profile picture which was of a white male wearing a camouflage hunting
mask where only eyes were visible. She further stated she deleted all of her
social media applications soon after the school year began and denied any

further contact with Ed.

- Ofc. Edward Paton was intervieWed by the PCU. He verified his home address
was the same as the address provided by the NCMEC reports, that he lived
alone at that address during the time period in question, and has a home
computer. He stated his home computer is not password protected and anyone
visiting his home could access it. Ofc. Paton stated that he visits van?ous Social
media sites. to include Taggedcom. He explained that Tagged.com is an adult
site and to create an account you must enter a birthdate that re?ects at least 18
years of age. He recalled meeting a on Taggedcom. He "chatted" with

-over the course of a month or so.

 

 

 



INTERNAL AFFAIRS CASE 16-001
EDWARD PATON

The NCMEC report shows that Ed (user it) asked S-M (user 10
"you want to hook up sometime? In July of 2015.

The conversations occur sporadically over the period of time between July and
September 2015.

in the conversations, user Ed Paton asked personal questions such as. how old
are you, do you like older guys and do you like white boys?

After asking her age. and receiving a reply of. Ed Paton stated they can just
chat or hang and that it doesn't have to be about sex. 

Ed Paton invited her to lunch, offering to meet her or pick her up if she didn?t
have a car. He asked her why she listed .years old as her age on her Tagged
profile, and what school she attends. She replied she Just used a random date

and attends

Ed Paton continued to communicate with -and suggested meeting for
lunch three additional times.

Both interviewees corroborate they never Spoke on the phone or met in person.
There has been no further contact reported since September 2015.

Neither FDLE nor NCMEC was able to contact the other alleged minorjuvenile in
the report due to the information from Taggedcom indicating the person lives
outside of the United States. Therefore, we are unable to verify the Identity of
the person, or confirm if it was an underage male or female.

A review of Die. Paton's Department laptop indicated he visited multiple social
media and shopping sites while on duty.

Ofc. Paton admitted he goes on social media to pass the time when he is not
busy during his shift. .

Ofc. Paton stated he has read and is familiar with Department SOPs regarding
the Law Enforcement Code of Ethics, Conduct Unbecoming an Of?cer,
Standards of Conduct, and General Conduct on Duty. 

He acknowledged Administrative Directive #1 3-1 7 pertaining to Social Media.

He was advised of School Board Rules which are now polices specifically

employee/student relations?

 

 

DISPOSITION OF PANEL FINDINGS - IA CASE #1 6-001

SUBJECT: DISPOSITION OF PANEL FINDINGS, IA CASE. #16-001
CONDUCT UNBECOMING OF AN OFFICER, STANDARD OF
CONDUCTIPOLICY VIOLATIONS OFFICER EDWARD PATON

ALLEGATION: CONDUCT UNBECOMING AN OFFICER, STANDARD OF
CONDUCT, STUDENTSUPERVISION AND WELFARE

The complainant, Deputy Chief Gerald Kitchell received information provided by the
Florida Department of Law Enforcement (FDLE) regarding the online enticement of
children for sexual acts, to include two (2) reports from the National Center for Missing
and Exploited Children (NCMEC). One report indicates online ?grooming" type behavior
between a minor student (video interview provided by FDLE) and an Internet Protocol
(IP) Address associated with Officer Edward Paton?s home address at the time of the
communications. The other report involves an unconfirmed minor from outside the
country and similar communication with the IP address associated with Ofc. Paton's

home address.
This is contrary to the Agency Policy, which states in part:

All employees of the Miami~Dade Schools Police Department (M-DSPD) shall conduct
themselves in a manner that reflects ethical standards consistent with the rules
contained in the Department Standard Operating Procedures. The rules of conduct set
forth are not intended to serve as an exhaustive treatment of requirements, limitations,
or prohibitions on employee conducts and activities; but to guide employees in
conducting themselves both on~duty and off?duty. in a manner that reflects the
professionalism required of law enforcement personnel.

More particularlyCONDUCT and DISCIPLINARY
PROCESS AND SCHOOL BOARD POLICY

M-DCPS Standard Operating Procedures:

1. The Law Enforcement Code of Ethics As adopted in SOP 2 Authority is a
general standard of conduct that of?cers of the M-DSPD must abide by.

 

DISPOSITION or PANEL. FINDING CASE #16?001 . 2

The has adopted the Code of Ethics as published by the International
Association of Chiefs of Police. All sworn police officers of this Department, in the
execution of their duties and responsibilities, shall abide by the following Code of Ethics. .

(CFA 2.02) -

LAWENFORCEMEN CODE OF ETHICS

As a LAW ENFORCEMENT OFFICER, my fundamental duty is to serve the community; to
safeguard lives and preperty; to protect the innocent against deception, the week against
oppresa'on or intimidation, and the peaceful against violence or disorder; and to respect the

.- Constitutional rights of all men to liberty, equality and justice.

will keep my private life unsuilied as an example to all and will behave in a manner that does not
bring discredit to me or to my agency. will maintain courageous calm in the face of danger,
scorn, or ridicule; develop self~restralnt; and. be constantly mindful of the welfare of others
Honest in thought and deed in both my personal and official life, I will be exemplary In obeying the
laws and the regulations of my Department. Whatever l_ see or hear of a confidential nature or
that is confided to me in my official capacity will be kept ever secret unless revelation is
necessary in the performance of my duty.

i will never act ofiiciously or permit personal feelings, prejudices, political beliefs, animosities or
friendships to influence my decisions. With no compromise for crime and with relentless
prosecution of criminals, I will enforce the law courteous/y and appropriately without fear or favor,
malice or ill will, never employing unnecessary force or violence and never accepting gratuities. 
recognize the badge of my office as a symbol of public faith, and accept it as a public trust to be
long as i am true to the ethics of the police service. i will never engage in acts of

corruption or bribery, nor will i condone such acts by other police Officers. i will cooperate with all 
legally authorized agencies and their representatives in the pursuit of justice.

I know that alone am responsible for my own standard of professional performance and will take
every reasonable opportunity to enhance and improve my level oflrnowledge and competence.
I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my

chosen profession. . .law enforcement.

CONDUCT and DISCIPLINARY PROCESS SOP ?11

ll.

PERSONAL CONDUCT

B.- Conduct Unbecoming of an Officer A police officer is the most
conspicuous representative of the government. To the majority of people, they
are a symbol of stability and authority upon which they can rely. Police conduct
is?scrutinized and, when actions are found to be excessive, unwarranted, or
unjustified, is criticized far more severely than comparable conduct of persons in
other occupations. The conduct of a public employee, on and off duty, reflects
Upon the Department. Therefore, employees must avoid conduct, which might
discredit themselves or the Department.

 

 

DISPOSITION OF PANEIL FINDING 1A CASE #16-001 I 3

GENERAL CONDUCT AND RESPONSIBILITIES

G. Standards of Conduct Employees shali conduct their private and
professional lives in such a manner as to avoid an adverse reflection upon

themselves or the Department

IV. GENERAL ON DUTY CONDUCT

C. Prohibited Activity- Except as stipulated by contract, empidyees shall not
engage in the following activities during duty hours:

 

2. Recreation/non?work related activities (reading or internet)

8-. Any other behavior and/or activity that would reflect negatively Upon the
Department and/or lead a reasonably prudent individual to believe that
inappropriate or unethical behavior is being conducted gambling on

duty, gaming on duty, etc.
V. Administrative Directive #13-17 Social MediaISociai Networking

Employees shall not engage in any social mediaisocial networking during duty hours
unless authorized by the Chief of Police or his designee

Vi. SCHOOL BOARD POLICY 7540- Computer Technology and Networks

Social medial shalt be defined as internetubased applications (such as Facebook, My
Space, Twitter, etc.) that turn communication into interactive dialogue between users.
The Board prohibits any access and use of social media by students and staff members
from the District?s network, except to the District?s collaboration sties and lor approved

sites as directed by the Superintendent.

VII. SCHOOL BOARD POLICY 4213- Student Sur?rvision and Welfare

(E) not inappropriately associate with students at any time in a manner which may give
the appearance of impropriety, including but not limited to, the creation or participation
in any situation or activity which could be considered abusive or sexually suggestive or
involve illegal substances such as drugs, alcohol, or tobacco;

DISPOSITION:

Based'on the preponderance of the evidence obtained during this investigation, the
allegations of violations of the aforementioned Policy and Procedures are SUSTAINED.

 

 

 

 

DISPOSITION OF PANEL FINDING lA CASE #15?001 4

POLICY AND PROCEDURAL CONCERNS:


RECOMMENDATIONS: 

The panel believes that Officer Paton engaged in internet communications with two
underage juvenile females, one of which is a student in Miami Dade County.
Furthermore, upon being notified of said juveniie?s ages he failed to immediately cease
communications with them. In fact, he continued to pursue. the relationships and
conversations. The panel believes that there was no positive reason or rational for
continuing these conversations. Finally, the panel believes that this type of behavior is
unbecoming and not representative of a Miami Dade Schools Police Officer. For these
reasons. the panel recommends that Officer Edward Paton be separated from his
employment with the Miami-Dada Schools Police Department. 



The panel recommends that Officer Edward Paton be separated from his employment
with the Miami-Dads Schools Police Department.

 
   

M. Bevliacq ander, Panel Chair Person


1m

  

33m?
Roger Ramirez, Lieu enant, Pan I Member

 

cc: Lieutenant David Rodak

The Miami Dade Schools Poiice Department witi convene a Department Disposition
Panel (DDP) to decide the ofticiai closure status of this case.

investigative Findings:

a The was contacted by FDLE regarding an aliegation of ?Oniine
Enticement of Chiidren for Sexual Acts.

. The FDLE provided 2 reports from NGMEC and a video interview.

. PCU requested FDLE conduct an integrity check where an FDLE agent posed as
a minor female and attempted to contact our of?cer. He did not respond to the


. The PCU requested 3 subpoenas for the addresses listed in the report to

verify associated ceil phone numbers. The cell phone carrier was unable to
verify any phone number due to roliing IP addresses.

. The PCU requested FDLE conduct a forensic analysis of the juvenile female?s
phone.

a The PGU also requested the U888 conduct a forensic analysis of the Officer's
Department issued computer.

. The forensic reports did not recover any conversations between the minor female
and our officer. Specifically. the conversations provided by FDLE from the
NCMEC reports were not found on either the iuvenite's phone or the officer's

computer.

. The NCMEC report indicates that the Address ts registered to an
address associated with Edward Paton. .

. At the time the electronic conversations took place, (its. Edward Paton lived at
address provided by NCMEC.

- Taggedcom is the reporting Electronic Service Provider (ESP) that submitted the -
CyberTip to NCMEC.

Taggedcom provided an ESP user name of and a user if} of?
beionging to S-N-of .

. The date of birth provided by Taggedcom- for the- is u, indicating a
.year old. - .



 

 

Tagged. com provided an ESP user name of Eddie loves his Owneri and a user
ID of- for Ed Paton of ..
which Is the

The date of birth Provided by Taggedcom for. Ed Paton ls
detect birth on record.

 

 

Although the NCMEC report shows several IP addresses for both parties, the
ESP user lD?s remain condistent with ones provided by Taggedcom.

was interviewed by FDLE. She stated she spoke to Ed

for a brief time period last summer using Taggedcom-stated she never -

spoke on the phone with Ed. She stated that although Ed asked her to lunch,
she never met him in person. She advised the only picture white male wearing a camouflage hunting mask where only eyes were visible
She further stated she deieted all of her social media appilcations soon after the
schooi year began and denied any further contact with Ed.

Ofc. Edward Paton was interviewed by the PCU. He verified his home address
was the same as the address provided by NCMEC, that he lived alone at that
address during the time period in question, and has a home computer. He stated
his home computer is not password protected and anyone visiting his home
could access It. Die. Paton stated that he visits various social media sites. to
include Taggedcom. He explained that Taggedcom is an adult site and to
create an account you muet enter a hirthdate that reflects at least 18 years of
age. He recalled meeting a - on Taggedcom. He ?chatted" with- over
the course of a month or so.

The NCMEC report shows that Ed (user it) asked S. (user ID
"you want to hook up sometime?, In 015. 

The conversations occur sporadically over the period of time between July and
September 201 5. ..

 

in the conversations, user Ed Paton'asks personal questions such as. how old
are you, do you like older guys and do you like White boys?

Aiter asking her age, and receiving a reply of? Ed Paton states they?can Just
chat or hang and that it doesn't have to be about sex.

Ed Paton in'vites her to luhch offering to meet her or pick her up if she doesn't
have a car He asks her why she listed. years old as her age on her Tagged
profile and what school she attends She replies she Just used a random data

and attends?-

 

Ed Paton continues to communicate with - and suggests meeting for lunch
three additional times.

Both interviewees corroborate they never spoke on the phone or met in person.
There has been no further contact reported since September 2015.

Neither FDLE nor NCMEC was able to contact the other alleged mlnor juvenile In
the report due to the information from Taggedcom indicating the person lives
outside of the country. Therefore, we are unable to verify the identity of the
person, or confirm if it was an underage male or female.

TO:

FROM: SERGEANT ALBERTO G. PEREZ 

PAGE ?1 OF 3

THE COUNTY PUBLIC SCHOOLS, OFFICE OF
PROFESSIONAL STANDARDS (OPS)

 

MIAMI-DADE SCHOOLS POLICE DEPARTMENT

DATE: MAY 2018

PLEASE REVIEW THE FOLLOWING STATEMENT OF FACTS ON MY
BEHALF (PLEASE PROVIDE A COPY TO THE SCHOOL BOARD 
OFFICE):

TEN (10) OFFICERS DID NOT REPORT FOR DUTY DURING THIS
INCIDENT WHICH WERE NOT ON THEIR DAY OFF AS I WAS. TO
INCLUDE, A SERGEANT AS MY SELF, WHICH REFUSED TO
COME IN TO WORK BECAUSE HE WANTED TO TAKE CARE OF
HIS HOME AND FAMILY.

HOWEVER, NO ONE ELSE WAS RELIEVED OF DUTY OR HAD AN
INTERNAL AFFAIRS INVESTIGATION OPENED ON THEM. THIS
INDICATES TO ME THAT I WAS TARGETED BECAUSE OF MY
DISEASE.

ADDITIONALLY, I FEEL THAT THE DISCIPLINARY PANEL MAY 
HAVE BEEN SKEWED DUE TO THE FOLOWING FACTS:

THERE WERE 3 COMMAND STAFF MEMBERS ON MY
PANEL, MAJOR HECTOR GARCIA, COMMANDER EDWARD
WALKER AND COMMANDER BEATRIZ PERAZA.

MAJOR HECTOR GARCIA WAS ON MY PREVIOUS PANEL IN
2013 WHICH MAY HAVE LENDED ITSELF FOR HIM TO BE
SUBJECTIVE AND NOT UNBIASED AND OBJECTIVE. HE VOTED
FOR TERMINATION.

COMMANDER EDWARD WALKER ALSO VOTED FOR
TERMINATION. HOWEVER, CDR WALKER FILED A CRDC
COMPLAINT AGAINST

 

 

 

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PAGE 3 OF 3

. IN
THE PRIVACY OF MY OWN HOME. AS I DID DURING THIS
INCIDENT.

. ON FRIDAY, SEPTEMBER 8TH, 2017 AT 09:00 HOURS I WAS
RELIEVED OF DUTY AT MY HOME, ON MY SCHEDULED DAY
OFF, BY INTERNAL AFFAIRS I TOLD THEM AND REITERATED
THAT IT WAS MY DAY OFF AND THEY SEEMED PERPLEXED. I
BELIEVE THEY WERE NOT AWARE IT WAS MY SCHEDULED
DAY OFF AS MY DAYS OFF CHANGED WHEN I WAS
TRANFERRED TO THE SHIFT COMMANDER POSITION.

. ADDITIONALLY, THE DEPATMENT DID NOT ACTIVATE
VIA A PAM MESSAGE TILL SEPTEMBER 8TH,
2017 AT 12:17 HOURS.

PLEASE TAKE INTO CONSIDERATION THE STATEMENT OF FACTS I
HAVE PROVIDED, WHICH CAN BE PROVEN, AND WHICH I BELIEVE
MAY HAVE NOT BEEN PROVIDED TO YOU DURING THE
INVESTIGATIVE PROCESS.

THANK YOU.

 

@5332

 

 

"Mdn-II-vnhl

Originally there were numerous of?cers that were unaccounted for during the Hurricane
lrma emergency department activation. Upon further review by each area Commander,
they were able to account for all but 10 of?cers who failed to report for duty. They are
listed below with the outcome of the investigations

Louis Nunez Supervisor Complaint?pending
Bruno Medina- Supervisor Complaint? received verbal counseling

Chiquita Puilen?Supervisor Complaint, but due to circumstances beyond her control
(death of her mother) she was out of state and unable to return due to ?ights cancelled.

No discipline was given.
Munik Soriano- Supervisor Complaint~pending

Gumaro Anguino-Supervisor Complaint~0f?cer did make contact both verbally and via
email advising he was taking personal and sick family time. ~received verbal counseling

Antonio Caparros~8upervisor Complaint? received verbal counseling

Manuel Arrebola-Supervisor Complaint? Was approved to stay home due to personal
circumstances by his Major. No discipline given. .

Michael Beauchamp?Supervisor Complaint? The of?cer took a personal day on
September 6, then was scheduled for ore-approved vacation for his wedding. No
discipline warranted.

Peter Moreno~ Supervisor Complaint? His attendance was incorrectly documented the
Commander was able to verify the of?cer did indeed report for duty. No discipline was

warranted.

Aiberto Perez- Intern at Affairs Investigation. Sergeant Perez was pre-approved for
vacation for September 4th and 

. He sent an email on September 5?h indicating he would be taking another
vacation day on the 6th without prior approval.

- 09/06/17? At 10:33 am. ?a PAM message was sent to all Department personnel
instructing members to listen to the Chief's "Sound Cloud" message on Hurricane

Irma.

. 09/06/17? Commander Beviiacqua testi?ed he Spoke with Sergeantn?Perez
sometime in the early afternoon and informed him of his assrg?i?iment t?eealpha

11?

shift (0600 hours) beginning on September 7 e3 sir:-
flit 

. oeromr- At 6: 4a a Sergeant Perez sent an email indicating tie lifetimes

reg:

taking a sick day. gr?i: 

f7}? :5

 

 

 

 Commander Bevilacqua testi?ed he spoke with Sergeant Perez and
Sgt. Perez told him he was coming in the next day (Friday, September 8).

09/07/17-video from Publix shows Sergeant Perez buying alcohol at 2:14 pm.

09/07/17? Chief Moffett attempted to reach Sergeant Perez at approximately 3:06
pm. An Uber driver answered Sergeant Perez?s phone and stated he found the
phone in his car after picking up Sergeant Perez from a Publix in Palmetto Bay.

09/0711 7- Chief Moffett met with the Uber driver and recovered Sergeant Perez?s
Department issued cell phone.

09/07/17? Lieutenant Rodak responded to Sergeant Perez?s home at
approximately 3:45 pm. to conduct a welfare check. There was no answer at the
door. However, Lieutenant Rodak observed a bag containing two bottles of
alcohol (Crown Royal Vanilla and Vodka) and a Publix receipt in the driveway
behind Sergeant Perez's unmarked police vehicle. There were also two glasses
of what appeared to be wine on the front porch.

Sergeant Perez failed to report for duty or call in sick. After repeated
attempts to contact Sergeant Perez failed, and based on the information provided
by the Uber driver, a third check on the welfare was conducted by the PCU.

Sergeant Perez stated he believed Friday was his day off and stated it he had
known he had to work, he would have called in sick.

Sergeant Perez told Lt. Rodak he could not report for duty because he had been
drinking.

Sergeant Perez has a last chance agreement signed on 

 

 

COMPLAINT

 

 

:51;

  
 
 

1 

MIAMIHDADE SCHOOLS POLICE DEPARTMENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

  

 

  

 

 

if?
INTERNAL AFFAIRS
k5} RECEIPT AND REFERRAL FORM
INCIDENT INFORMA CASE NUMBER: lA#17-002
Renewed: September a, 2017 Friday Ttme._J 0800
35332:: .3. September a. 2017 Day Friday rim; 0600
??Locatton IA Location Street - NIA


 

 

 

 

 

 

 

 

SOP 1:2. Authority, IV. 8., Law

Enforcement Code of SOP

#11 Conduct and 

Procedures, H. Personal Conduct E.

.Conduct Unbecomtng an Of?cer. Ill.

General ConduGt and
G. Standard of

CondUcr. IV. General Conduat on

- Duty, C. Prohlb?ed 
Administration 5.5, Procedure (8)

  

Sgt. Lourdes Hodges

8, SOP

 

 

 

 

   

TIOM

It

 

 

 

 

     

 

   

 

 

 

 

 

 

 

 

 

 
 

Complainant? . . Race/k ??Date 
it. 333.- Namen" IL Deputy Chief Edwrn Lopez Sex Exempt ?was Exempt
MIami-Dade Schoole Police ?2331,2853: 3300 NW 27'? AVenue

 

 

 

 

 

 

 

?i Mlaml, Florida 33127

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

     

 

 

 

 
  

 

  

 

 

 

  

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

  

 

    

 

 

 

LTelephone' 2:573:25: 305-757-7703 :Es?lmi? 
J:
?moiety? 53:22:;
?5 3

 

 

 

 

   

   

 

 

.Page 1 of 3 ANNEX-A

. Mn?-

 

 

 

 

I. . ?l

  
     

 

0 YEE INFORMA 710M

.gaha?gifgiv 'AibertoG. Perez :th'i?ig?l?ie 'p'pe'i Exempt Exempt

 

 

 

 

 

 

 

 

    

   

 

Special i'
Operations stom 

 

 

 

'men1;_' Sergeant

 

 

 



 

 

 

 

 

  

 

  

CASE 

. INCIDENT INFORMA TION CASE NUMBER: min 7-002

 

Department received information during an emergency mandatory recall of all
.. 7? employees, Sgt. Alberto Perez, failed to report tor duty. Various attempts to 
.- contact Sgt. Perez via telephone were met with negative results. Two -
attempts Were made to check on his welfare at home, with negative results.

The Department became aware Sgt. Perez lost his Department issued cell
9L: phone and failed to report it. A third check on the welfare Was c?nducteoi by

. the PCU, and when ordered to report for duty, Sgt. Perez stated he could not

.. because he had been drinking

   

 

 

 

Revlewed by:

 

 

Sergeehti Sergeant Lourdes Hodges Date: 9/8/17 
Lieutenant: Lleulenanl David Rodak Date: 9/8/17
DIRECTIVE: I

Process- as follows:

 

 

 

Assign ,to Refer to Flle as information .
internal Affairs: Station (80): Only: 
NOTIFICATION: 
Deputy Chief 9/8/17 Police chase 9/8/17.

 

Page 2 or :3 

 

 

 

 

 
   
   
 

FOR INTERNAL REVIEW USE ONLY:
General Personnel CI IA 

lnvestlgatlon Complaint

INVESTIGATION TO BE CONDUCTED BY:

INVESTIGATOR: Sergeant Lourdes Hodges

  

 

 

Page 3 of 3

    
  

 

Mem" CRDC SI 

to File

9/8/1 7

 

Date:

  

ANN EX-A

I?ll 1?


INTERNAL AFFAIRS CASE 17-002

ALBERTO PEREZ

MEMORANDUM

TO:


SUBJECT: .
COMPLAINANT:

ALLEGATION:

February 12, 2038

David A. Rodak, Lieutenant, Piofesslonal Compliance Unit
Miami Dade Schools Police Department

ailiJg/u 
Lourdes Hodges, Sergeant, Professional Compliance Unit
Miami Dade Schools Police Department

INTERNAL AFFAIRS 

Edwin Lopez, Deputy Chief, Miami Dade Schools Police
3300 NW 27?? Avenue

Miami, Fl. 33143 

305-757-7708

Violation of Standard Operating Procedures

sop #2 AUTHORITY:
(IV) E. Law'Enforcement Code of Ethics
SOP #11 CONDUCT AND THE DISCIPLINARY PROCESS:

(ll) Personal Conduct
(E) Conduct unbecoming of an Officer

(Ill) General Conduct and Responsibilities
(G)Standard of Conduct

(IV) General on Duty Conduct
(A) Reporting for Duty
(C) Prohibited Activity
(8) 

sop ADMINISTRATION 5.5: Agency Owned Property 

(Ill) Procedure -
(B) Loss of or damage to property/equipment

 

 

i

i. .
INTERNAL AFFAIRS CASE 17-002
ALBERTO PEREZ

OCCURRED: September 3, 2017

EMPLOYEE: Alberto Perez, Sergeant
3300 Avenue
Miami, FL 33142

WITNESSES: Ian Moffett, Chief
- 3300 NW 27th Avenue

Miami, FL 33142

Joseph Bevilacqua, Commander
3300 NW 27?" Avenue
Miami, FL 33142

Wiuiem Tegie,Mejer
3300 NW 27th Avenue
Miami, FL 33142

John Marinelii, Detective
3300 Avenue
Miami, FL 33142

Gylmar Ochoa, Detective
3300 NW 27?? Avenue
Miami, FL 33142

Bernise Charley, Detective
3300 NW 27?1 Avenue
Miami, FL 33142

David Rodak, Lieutenant
3300 NW 27?? Avenue
Miami, FL 33142

Lioydell Cohen, Sergeant
3300 NW 27?.h Avenue
Miami, FL 33142

WM
DOB EXEMPT

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DOB: EXEMPT.


 


DOB: EXEMPT


 

WM
DOB: EXEMPT,

 

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DOB: EXEMPT
EMF 

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DOB: EXEMPT 

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DOB: EXEMPT

EMF 

 

 

 

 

 CASE 17- 002 
ALBERT PEREZ

ALLEGATION:

On Tuesday, September 5, 2017, Sergeant Alberto Perez sent an email stating he was
taking avacaticn day on September 6, 2017 (without bra-approval). 

On Thursday, September 7, 2017, he sent an email indicating he was taking'a sick day.
The Department sent an officer to Sgt. Perez?s house to check on his well?being in? the
morning, but no one would answer the door. The Department was informed he was at
Publix. Furthermore; his Department issued equipment had been lost and recovered by
the department. Another check on the welfare was done at his home in 'the afternoon.
No one answered the door again, however, two new bottles of alcohol were observed in
a bag behind his Department vehicle with a receiptshowing a Publix purchase at 2:14

pm. There were 2 wine glasses on the front porch also, one being half full. -

On Friday, September 8 2017 after repeated attempts to contact Sergeant Perez
failed, a third check on the welfare was conducted by Lt Rodak and Sgt. Cohen
Sergeant Perez answered the door looking disheveled. Lieutenant Rodak directed him
to report for duty, to which he replied, he could not because, ?he had been drinking". At
that time, Lt. Rodak and Sgt. Cohen relieved SergeantPerez of duty and advised him

they'would contact him with his assignment after Hurricane Irma.

NARRATIVE:

The complainant in this case, Deputy Chief Edwin Lopez, stated he was advised there
were several officers who failed to respond to the emergency detail during Hurricane
lrma. He stated Chief Moffett informed him the Professional Compliance Unit (PCU)
would beconducting wellness checks on personnel who were unaccounted for. The
PCU informed him Sergeant Alberto Perez could not respond for work due to some sort

of intoxicatibn. Deputy Chief Lopez instructed the PCU to follow up. 

Deputy?Chiet Edwin Lopez had no further information.

On Tuesday, October 31, spoke with Chief Ian Moffett. Chief Moffett stated-he spoke
to Sergeant Perez the week prior to Hurricane Irma during a visit to the situation room
They discussed the trajectory and potential arrival of Hurricane lrma Sergeant Perez
informed him he had pre approved vacation scheduled for Monday, September and.

Tuesday, September 5th. Chief Moffett stated he told Sergeant Perez to go ahead with 
his vacation. Chief Moffett further stated Sergeant Perez was aware of the potential .of
the alpha/bravo activation as the Department has done in the past. Sergeant-Perez told

 

 

 ..
INTERNAL AFFAIRS CASE 17?002 I
ALBERTO PEREZ

him he would be back at the beginning of the week. Sergeant Perez was expected to
be at work'Wednesday, September 6. -

On Wednesday, September 6, the Superintendent cancelled schools for Thursday,
September 7th, and Friday, September the Department members were allowed to
go home early to prepare their homes. The Department sent out the Emergency
Operations Plan on Wednesday, September 6. Personnel previously identified were
provided via email their respective assignments. Employees were informed to monitor
Department emails and cell phone (PAM) messages for further instructions The
Situation Room (where Sergeant Perez was assigned) was activated on a level II status 
as of Thursday, September Sergeant Perez was scheduled to work-alpha shift

(6:00 am .to-4:00 pm).

Chief. Moffett stated he was made aware by the Incident Commander (Major Dermot
Horgan) on Thursday morning (September several people had not reported for
work, nor responded to emails or cell phone calls or PAM messages. among them was
Sergeant Perez. He was later told Sergeant Perezvhad-failed to return from vacation as
expected on Wednesday. Chief Moffett advised the incident Commander to send
officers to the homes of personnel who had not responded to check on their welfare.
Chief Moffett stated on his way home, he attempted to contact Sergeant Perez on his
cell phone out of care and compassion to make sure he was based on incidents
that occurred in the past. He was not able to reach Sergeant Perez. Chief Moffett
stated he then contacted Sergeant AlPalaclo, FOP President and informed him there
were several people who had not reported tor work or responded to emails or cell phone
calls regarding alpha/bravo. Chief Moffett stated Sergeant Palac?io suggested the
Professional Compliance Unit should be the Unit responding to the homes of officers .
who had failed to report for duty or respond to attempted communication.

Chief Moffett contacted Lieutenant David Rodak and informed him of the conversation
with Sergeant Palacio. Chief Moffett stated he asked Lt. Rodak to Check on. Sergeant
Perez. Chief Moffett stated he tried to contact Sgt. Perez once again. This time,
someoneanswered his phone. The person identified himself as an Uber driver and
stated he was on his way to Ft. Lauderdale. He explained his previous customer left a
cell phone in the back seat of his car. Chief Moffett stated he was very concerned -
about Sergeant Perez since this was his Work phone the Uber driver had. Chief Moffett
agreed to?m?eet'the Uber driver to recover Sergeant Perez?s phone. He contacted Lt.
Rodak again and updated him on the situation with the Uber driver and impressed upon

him the need to check on the weifare of Sergeant Perez.

 

 

 

i 
INTERNAL AFFAIRS CASE 17-002
ALBERTO PEREZ

Chief Moffett stated he responded to Ft. Lauderdale airport where he met with the Uber
driver. The gentleman explained he had picked Sgt. Perez up at a Publix in Palmetto
Bay. He told the Chief that in conversation about the Hurricane, Sgt. Perez'told him he
had to work thenext day because he was a police officer. He further stated Sgt. Perez

looked well and seemed happy.

Chief Moffett contacted Lt. Rodak again to verify if'he had made contact with Sergeant
Perez. Lt: Rodak advised no one answered the door. Lieutenant Rodak advised him .
he saw bottles of alcohol and glasses by the Department vehicle in sgt. Perez's
driveway; He was concerned for Sgt. Perez?s well-being based on his past? He told Lt.
Rodak to make sure that by the next morning (Friday, September 8) Sergeant Perez
responded for work, if not, we needed to make sure we follow up and locate Sergeant

Perez.

The" following morning, September 8, Sgt. Perez did not respond to work. Lt. Rodak
and Sergeant Cohen went to his home and based on their conversation with Sergeant 
Perez, inlwhich he stated he ?could not go to work because he was drunk"; a decision

was made to relieve Sergeant Perez of duty pending an investigation.

Chief? Moffett further stated his concern for Sergeant Perez was initially one of
compassion. 'His concern rose upon the discovery of his Department issued phone left
unattended in the vehicle of the Uber driver. He was further distressed with the
information provided by Lt. Rodak as to Sergeant Perez?s condition when he was

located, beoause of his past.

Chief Morton had no further information.

On Wednesday, November 29, 2017, spoke with Detective Gylmar Ochoa. Detective
Ochoa stated he has maintained a. friendly relationship with Sergeant Perez. He
recalled sometime before Hurricane lrma he spoke with Sergeant Perez, who told him
he was going out of town to a sporting event for his stepson. He stated he attempted to

call Sergeant Perez several times during the week before the storm, but got noanswer._ 
He later found out Detective Marinelli had been sent to Sergeant Perez's home to check
on him because he had not responded to work. He stated he has spoken to Sergeant

Perez since he has been. relieved of dutyiust to check on him.

Detective Ochoa stated he has worked with Sergeant Perez in the past. During the time
theywork'ed together, he was aware Sergeant Perez had a drinking problem; however,
he has not directly spoken to Sergeant Perez about it, Detective Ochoa stated he never .
noticed any pattern or abuse of leave time by Sergeant Perez and further stated

5 .

 

 

 

 ..


AFFAIRS CASE 17?002 -
ALBERTO PEREZ

Sergeant Perez would routinely'respond to call cuts with him. Detective Ochoa had no
information regarding the specific incident being investigated and made no further

statements. .

On Wednesday, November 29, 2017, spoke with Detective Bernise Charley. Detective .
Charley stated she was not aware Sergeant Perez had been relieved of duty. She
stated she knew he was assigned elsewhere but did not know why. Although phone

records indicate Sergeant Perez called Detective Charley, she did not recall the 
conversation. She stated she did not speak to Sergeant Perez about preparing or
working during Hurricane lrrna. Detentive Charley stated she has attempted to contact
Sergeant Perez since he has been relieved of duty but he has not responded. ?She
stated she is aware Sergeant Perez has issues with-alcohol but has never noticed
anything concerning about his behavior. On the Contrary. she stated he has always .
been available as a supervisor during the time she worked with him. Detective Charley
had no information regarding the specific incident being investigated and made 'nc

further statements.

On Wednesday, November 29, 2017, spoke with Detective John Marinelli. Detective
Marinelli state-d, during the week preceding Hurricane lrrna, he was assigned to a patrol
shift- in South Operations. On Thursday, September 7, 2017, during his shift, he
received acall from Sergeant Abraham Patio. Sergeant Fatjc asked him to go to .
Sergeant Al Perez?s home to check on his welfare because he had not reported for duty
that morning. Detective Marinelii stated he attempted to contact Sergeant Perez" via
telephone to no avail. 'He further stated he arrived at his home and noticed 'there were
two pick?up trucks in the driveway asweli as his unmarked police vehicle. Detective
Marineili stated he repeatedly knocked on the front door, and rang the deorbell, but no
one answered. He walked around the back of the home in an effort to determine if
perhaps'Sergeant Perez was outside installing shutters in preparation for the Hurricane
but did not see anyone outside. Detective Marinelli stated he informed Sergeant Fatjc' -
there was no response at Sergeant Perez?s home. He had no contact or involvement

with Sergeant Perez.

On Tuesday, December 19, 2017, 1 spoke with Lieutenant David Rodak. Lieutenant
Rodak stated he was assigned. to the department ?Cut Team" which was responsible for
emergency repairs to officers? homes after the storm. On September 7, 2017, the
Department was on Alpha/Bravo status in preparation for the storm. Sometime that
morning, he? received a call from Detective John Marinelli. Detective Marinelli asked if 
he knew where Sergeant Perez lived. Det. Marinelii told him he was being sent to do a
welfare checkcn Sergeant Perez. Lt. Rodak told him he wasn?t sure of, the exact
address and suggested he contact the situation room for verification. Later on the

6.

 

 

 AFFAIRS CASE 17-002 
ALBERTO PEREZ

same day, he received a call from Chief Moffett. He stated theChief spoke with
Sergeant AI Palaoio, the POP president who suggested the PCU should be contacting
employees who had failed to check in before the storm. The Chief told himto go to 
Sergeant Perez?s home to check on his welfare. Chief Moffett informed him hehad
called Sergeant Perez?s department phone several times. Eventually someone picked
up the phone. According to Chief Moffett, an Uber driver told him Sergeant Perez left
his department phone in his vehicle earlier. Chief Moffett told him he was on his way to
meet with the Uber driver and recover the phone. He further stated he was very
concerned about Sergeant Perez?s well?being, based on the conversation he had with

the Uber driver.

Lt. Rodak stated he responded to Sergeant Perez?s home at approximately 3:45 pm.
Upon arrival he noticed Sergeant Perez's personal vehicle (a blue pickup) and his
Department issued unmarked vehicle were both in the driveway. He stated he knocked
on the front door several times, but no one answered. Lt. Rodak stated he saw two
wine glasses by the front door; one was empty, and the other half full. He further stated
he observed a bag on the floor behind Sergeant Perez?s department vehicle. The bag
was-open and he was able to see a bottle of Crown Royal Vanilla, a bottle of Vodka and

a Publixreceipt. He knocked on the front door again, to no avail. He proceeded around 
the block._ where his yard is visible; to see if Sergeant Perez was in his back yard,. but

no one was there.

Lt. Rodak stated he contacted Chief Motion and informed him of what he,had- seen and
advised him he was unable to make contact with anyone at the home.

The following morning, Friday, September 8, 2017; he received a text message from

Major William Tagle at around 6:40 am, inquiring if he had made contact with Sergeant 
Perez. The- Department had been activated to Alpha/Bravo status since the previous
day. Apparently, Sergeant Perez was scheduled to report for duty at 0600 but had
failed to respond again. Shortly thereafter, Major Tagle called him and stated he had
been able to speak with Sergeant Perez. Major Tagle told him Sgt. Perez sounded
awful. Major .Tagle further informed him he told Sergeant Perez to contact the Chief

immediately since people were looking for him.

Lt. Rodak was arriving at Headquarters when he received a call from the Chief. Chief
Moffett told Lt. Rodak Sergeant Perez had not contacted him. Chief Moffett told hi?m'to
respond immediately to Sergeant Perez?s home to check on his welfare. if he made
contact, Lt. Rodak was instructed to order Sergeant Perez to report for duty. lf
Sergeant Perez would not come to work, he was instructed by the Chief to relieve him
of duty. At that point, Lt. Rodak stated he'contacted Sergeant Lloydell Cohen and

7

 

 

 

ll?l .

if i
INTERNAL AFFAIRS CASE 17-002 I
ALBERTO PEREZ

asked him to meet him at Southwest Transportation. From there Sergeant Cohen and I
Lt Rodak went to Sergeant Perez' home. 

Lt. Rodak stated when they arrived at his home; both his personal and department
vehicles wereparked in the drivewayf He further advised the bag with the bottles from
the day before was gone. Afterseveral knocks, Sergeant Perez opened the door.
According to Lt. Rodak Sergeant Perez looked disheveled He asked him where he
had been and informed him people were looking for him and reminded him he had to .
report to work for Hurricane duty Sergeant Perez replied "What hurricane"? He stated
he was ?off" and didn?t know anything about a hurricane. At that point he informed
Sergeant Perez he was being ordered to report for duty. Sergeant Perez stated he
couldn't come to work. When Lt. Rodak asked him why, he stated, ?l?m drunk?. Lt.
Rodak stated he could smell alcohol. Based on-his response, Lt. Rodak informed him
he was being relieved of duty because he had failed to come in to work and was now
telling him he couldn?t come in to work. Lt. Rodaktold him they needed to collect his
department credentials as well as issued uniform and equipment. At that time, -
Sergeant Perez became upset and began stating his girlfriend had left him because of
the hurricane, at which point the Lieutenant told him, thought you didn?t know about
the hurricane." According to Lt. Rodak, Sergeant Perez paused, and then continued
stating his girlfriend had left him because of the hurricane. Lt. Rodak stated Sergeant
Perez was becoming increasingly upset. He told Sergeant Perez to please gather the
department equipment. They retrieved his department computer, but Sergeant Perez
didn?t remember where his badge was. They went to his department vehicle and it was
on a uniform shirt hanging in his car. They told him to gather any personal items from -
his vehicle. Sergeant Perez again asked why he was being relieved of'dutyf Lt. Rodak
stated he informed him he failed to report for duty and when ordered to come into work
stating he was drunk. Sergeant. Perez responded, ?Well, l?rn telling you that Dave". Lt.
Rodak remindedhim he was there in an official capacity and at the request of the chief.
Lt. Rodak reiterated he was being relieved of duty for not reporting for' work and for
losing department property. . Sergeant Perez asked him what he had lost. Lt. Rodak
informed him he lost his set! phone. Sergeant Perez stated he had his cell phone
somewhere in the house. Lt. Rodak told him his phone was not in the house to which 
Sergeant Perezasked where it was. He did not recall where he left his. phone and was

repeatedly asking where he left his phone. When Lt. Rodak told him the Chief had his
phone, he was at first incredulous, then he became agitated. Lt. Rodak told him to get
himself together and they would speak again after the hurricane. Lt. Rodak and

Sergeant Cohen then left.

Lt. Rodak stated he and Sergeant Hodges responded to Sergeant Perez's home after.
Hurricane lime to check on his welfare. At that time he appeared in good spirits and 

8

 

 

i 

INTERNAL AFFAIRS CASE 17-002 .
ALBERTO PEREZ

was cleaning up his yard. He informed him his alternative assignment information
would be provided once the District resumed normal operations. Lt. Rodak provided no

further information.

On Tuesday, December 19, 2017, spoke with Sergeant Lioydell Cohen. Sergeant
Cohen stated he became aware of the situation with Sergeant Perez on the morning of 
September .8. He received a call from Lt. Rodak who asked him to meet him. at
Southwest Transportation. Once he arrived the Lieutenant told him they were going to

lcheck on the welfare of Sergeant Perez.

They arrivedat Sergeant Perez?s home and noticed all the vehicles were there.
Sergeant Cohen confirmed they knocked on the door several times before Sergeant
Perez answered. He also stated Sergeant Perez appeared disheveled and smelled like

alcohol. Sergeant Cohen stated he was with Li. Rodak at all times while they were at 
Sergeant Perez?s home. He corroborated Lt. Rodak?s statement and had no additional

information relative to this case.

On Wednesday, January 10, 2018, spoke with Major William Tagle. Major Tagle
stated he first became aware Sergeant Perez had failed to report for duty on the
morning of September 7, 2017. He was assigned to the situation room in charge of
planning during the alpha shift. He attempted to contact Sergeant Perez, but was 
unsuccessful. The following morning when he arrived at the situation room, he realized
Sergeant Perez was not in again. He made contact with him via his personal telephone.
Major Tagle stated Sergeant Perez sounded awful. Major Tagle stated he told Sergeant
Perez. to contact Chief Moffe'tt immediately. Major Tagle then contacted Lieutenant
Rodak and advised him of the conversation. Major Tagle stated he was aware the
Chief had recovered Sergeant Perez's department cell phone on the afternoon of
September 7, but had no further knowledge about this particular incident.

Major Tagie was asked about Sergeant Perez?s performance when he was under his
command; 'He stated he was not aware of any disciplinary issues, absenteeism 'or
tardiness from Sergeant Perez while he worked in the investigative Division.? He stated

he was aware of the incident that led to Ser cant Perez's demotion. 

incident sometime in May of 2017, where Miami?Dads Police responded to Sergeant
Perez?s heme reference a disturbance. He further explained there was another incident

when
He stated he met Commander Beviiacqua and

Sergeant Perez there. ?a Commander

Bevitacqua was the person who stayed with him. Major Tagle stated after the hospital

  
 

9

 

v? m??au-m-um?m

 

i ,r

INTERNAL AFFAIRS CASE 17-002
ALBERTO PEREZ

incident, to his knowledge, .

Major Tagle stated he could not recall when the specific

incident occurred but while the

Department sent a uniformed officer to check on him; however, he?had left without
notifying 'an'yone. Also, sometime in the month of May, he was aware Commander-

Bevilaequa 

Major Tagle provided no further information relative to this case.

On Tuesday, January 16, 2018, spoke with Officer Mario Rivera. A review of Sergeant
Perez?sdepartment phone showed several calls to Officer Rivera?s department phone

on the evening of September 5. 2017. When asked about the nature of the calls, Officer -

Rivera stated, he was sleeping, and initially missed the calls. He stated he'received a
call from his supervisor, Sergeant Lissette Webb sometime around 11:00 pm.
Sergeant Webb told him to respond to Sergeant Al Perez?s home. Sergeant Webb told
him Sergeant Perez was locked out of his personal vehicle, the engine was running,
and his dog was in the car. Officer Rivera stated he informed Sergeant Webb this was
going to be a call out since he works day shift, (a copy of his overtime slip is attached to

this report).

Officer Rivera stated he arrived at Sergeant Perez's home and initially didn?t see
anyone outside. but noticed a large dark colored pickup truck with the engine running.
Shortly thereafter, Sergeant Perez came outside. Officer Rivera stated he proceeded to
unlock Sergeant Perez?s personal vehicle. He stated during the time he was working on
unlocking the vehicle, he engaged in small talk with Sergeant Perez. Sergeant Perez
told him they were just returning from a trip, and he saw luggage in the truck. Sergeant
Perez apologized several times as he was workln'g'on the truck. He recalled telling
Sergeant Perez he didn?t know what shift he would be working during the~ Hurricane
ence the Department went alpha/bravo. He could not, however, recall Sergeant Perez?s
response. He further stated Sergeant Perez appeared nervous and was pacing back
and forth while smoking. Once he got the vehicle unlocked, he stated a young man with
long hair came out of the house and retrieved the dog. A woman who he assumed was
Sergeant Perez's wife or girlfriend, also came out and thanked him for his help. Shortly
thereafter, he left. Officer Rivera "stated he noticed he also had a missed call from

Officer Brian Diaz. He called Officer Diaz back and verified Officer Diaz was also trying

to help Sergeant Perez. He informed Officer Diaz he had taken care of Officer
Rivera had no further information relative to this case. .

Sergeant Perez?s phone legs confirm several outgoing calls on the evening of
September 5, 2017. 
I 10



.wu-n-

 

 

 

 i ii
AFFAIRS CASE 174102 
ALBERTO PEREZ

. At,10:48 to Officer Brian Diaz
0 At 10:56 to Sergeant Lissette Webb
At 11 :02 and 11:04 to Officer Marie Rivera

There is also a text mess age exchange from Sergeant Webb at 11. 02 stating. "Hey I
just got him to answer. He 5 going to call you now. Sergeant Perez responded with a
"Ok thank yeui" At 11 Sergeant Perez sent Otlicer Rivera his address via text
message. The phone logs corroborate Officer Rivera' 9 statement.

On Friday, January, 19, 2018, spoke with Commander Joseph Bevilacqua.? He stated
he has known and worked with Sergeant Perez for 19 years. He has supervised him
severai times. He first became aware Sergeant Perez had a drinking problem about
four years age. At that time, Sergeant Perez was demoted from Lieutenant due to his
arrest for leaving the scene of an accident with property damage and tampering with

  

(See attached Last

Chance Agreement). Commander Bevilacqua stated while Sergeant Perez Was
assigned to work with him in District Security and Special Projects did not
have any disciplinary issues with him.? He further stated he did not observe any abuse

of leave time either.

 

Sometime in May of 2017, he was told of an incident that occurred in Sergeant Perez?s

home where the Miami-Dada Police Department responded to a disturbance. He was .

not sure of the date, but stated he was also aware Sergeant Perez was transported to
The following day, he went to Sergeant Perez's
home to check on him. During their conversation. Sergeant Perez disclosed'he had not
been discharged from the hospital. He merely called his girlfriend to pick him up and he

simply walked out of the hospital. Commander Bevilacqua stated he 'told Sergeant
. As far as

  
  

 

news,

Commander Bevllacqua stated 

_Commander Bevilac ua stated he

was with him for several hours. To his recollection,

   

11

physical evidence. Commander Bevilacqua stated he was aware the Department sent .

 
 
  

 



 

may

 

. ti - . ii
CASE 17?002 
ALBERTO PEREZ 

in August of 2017, Sergeant Perez was transferred to the Situation Room as the Shift
Commander working for him. Commander Bevilacqua stated his schedule was Sunday
to Thursday 8:00 am. to 4:00pm. with Friday and Saturday off. Theweek prior to the
expected arrival of Hurricane lrma, he was aware Sergeant Perez had pro?approved
vacation for September rim and Although phone logs confirm various calls and text
messages between Commander Bevilacqua and Sergeant Perez on September -
Commander Bevilacqua stated he did not recall what they spoke about.? On the evening
of September 5?1 he received an email from Sergeant Perez?s Department email
account indicating he would be taking an additional vacation day on September due
to his flight being delayed. The email was sent at @932 pm. (This was the same
evening Officer Rivera responded to Sergeant Perez's home to unlock his personal
vehicle at 11:00 pm.) He did not respond to the email. On September 
Commander Bevllacqua stated he spoke with Sergeant Perez after meeting with Major

Horgan, but prior to the memo sent out by the Department with the Operational Plan. (It 
should be noted the Department Operational Plan with instructions for personnel, to
respond alpha/bravo commencing September 7'"1 was sent via Department email on
September 6th, at 3:54 pm.) He stated he personally told Sergeant Perez he was
assigned to work alpha shift with Major Horgan beginning at 6:00 am. on September
7m. He stated during the conversation, Sergeant Perez told him his {girlfriend was
considering going out of town for the storm. Commander Bevilacqua stated he
encouraged that decision. He also offered Headquarters as a shelter option for

Sergeant Perez?s girlfriend and son. He stated Sergeant Perez gave him no reason to 

believe he would not report for duty.

Commander Bevilacqua advised he received another email from Sergeant Perez, on
Thursday morning. This one indicated Sergeant Perez was taking a sick day. He
stated he forwarded the email to Major Horgan since Sergeant Perez was scheduled to
work alpha shift with him. Commander Bevilacqua stated he spoke with Sergeant
Perez at some point on Thursday. He couldn?t recall the exact time. He did recall
Sergeant Perez told him his girlfriend had gone out of town. He askedSergeant Perez 
why he didn't come to work to which he believes he replied because he was sick. When
he spoke to him, he couldn?t tell if he was sick and Sergeant Perez did not elaborate on
how he was sick, ?or the condition of is illness. He further stated they discussed
Hurricane preparations and boarding up Sergeant Perez?s house. He stated he recalled
Sergeant Perez saying he was probably not going to board up his house. Sergeant
Perez told him he would be in the next day (Friday, September 8th).

Commander Bevilacqua stated he learned Sergeant Perez had been relieved-of duty for
not coming to work during the Hurricane when he reported for duty on bravo shift that

.12

 

 

i i
INTERNAL AFFAIRS CASE 17?002 
ALBERTO PEREZ 

Friday. Commander Bevilacha was reluctant to provide information in this case and at
times, had to be prodded to answer the questions. .He made no additional statements.

On 'Friday,lFebriJary 09, 2018, an interview was conducted with Sergeant Alberto Perez. 

Present for?the interview was Sergeant Lloydell Cohen, Lieutenant David Rodak,-and
Mr. Eugene Gibbons, FOP attorney. .

Sergeant Perez. stated when he was transferred to the Situation Room; his initial
schedule was Monday to Friday, 8:00 am. to 4:00 pm. Shortly thereafter, his schedule
waschariged by Commander Bevilacqua to Friday and Saturday off.

Sergeant Perez stated the week prior to the storm he had pro-approved vacation
scheduled. 'He was supposed to return on Tuesday, September When asked if'he
recalled speaking to the Chief prior to his vacation about the storm, he stated he did
speak to the Chief, but does not recall any specific information regarding the storm
being discussed. On Tuesday, September 5, Sergeant Perez was included in a group
text from the investigative Division in which Major Tagle was discussing hurricane
preparations. At one point, Sergeant Perez responded with followed by

emoji then, and several more emoji. When asked if the response was .

appropriate considering he was replying to a Major and a Commandanhe eXplained he
commonly uses that phrase. He further stated aside from them being a Major and a
Commander; they were officers together and had a relationship where that kind of
response wouldnot be construed as disrespectful. He stated it was common among

them.

According to Sergeant Perez, his flight was delayed. When he got home, his girlfriend

wanted to leave immediately and drive to Washington D.C. to avoid the storm. During .

the bustle of unpacking and repacking the car, she inadvertently locked the car with the
dog inside. Sergeant Perez stated he contacted the Situation Room to see if there was
anybody on duty with a ?slim Jim? that could assist with unlocking his vehicle He stated
he spoke with K-S Sergeant Webb, and she advised she was sending Officer Rivera.
He stated he did not know Officer Rivera was "called out". When asked if 'he didn?t think
about calling 'a locksmith, the stated, ?of course not, he would firstsee if any of our

people on duty couid drive by and give him a hand",

Sergeant Perez stated that evening he sent an email requesting a Vacation day for
Wednesday, September and did not receive any reply indicating his request-was
approved. He explained that in all his previous assignments as a supervisor it has been
common practice to send an email or text stating you needed a vacation day, whether
it?s appropriate or not or not following procedure. According to Sergeant Perez it is

13

 

 

 

 I ERNAL AFFAIRS 17- 002
ALBERFO PEREZ

common practice and he was not expecting a reply unless the request was denied. 

Sergeant Poroz stated although he recalled speaking with Commander Beviia?cqrra, on
that day (TUesday) he did not recall being told he had to be at work on Thursday,

September 7'th at 0600

Sergeant Perez stated he did not see Or read any of the PAM mess ages sent on the 6 
or the giving instructions and information regarding Hurricane lrma. On Thursday,
September he sent an email stating he was taking a sick day. He admitted he went

He stated
not reca evracgua 9 mg re ta 0 repor or wor on Friday.
He stated he was aware of the Hurricane, but was not aware of the Department going to
alpha/bravo. He stated he was not paying attention to his Department phone or email.
Sergeant Perez further statedif he would have been aware he was supposed to work

Friday: 

  

Perez said he became aware he lost his department phone when Lt. Roriak told 

 

sre ll earl and

He stated he vaguely remembered the
atlon with Major Tagle and did not recall Major Tagle telling him to contact the
Chief. lie said when Lt. Rodak and Sgt. Cohen arrived; Lt. Rodak asked him why he
hadn't reported to work. He said he told Lt. Rodak it was his day off. He further stated

he didn?t recall sa ing he was drunk. He said he told Lt. Rodak had been drinking. He
He further stated -

if he would have known he had to be at work on Friday, he would have taken another

,ick day because 

m?I-m I. 

 

for the past several years based on his pen?ormance. However, he said when his family

 
 
 

left becauseof the storm, it was difficult for himWergeant Perez
said losing the Department equipment was an - . ac one fell out of
his pocket and it could happen to anyone,W Sergeant

. he would

Perez" reiterated if he would have known i
have called in sick. Sergeant Perez made no further comments.

 
 

14

 
  
  

 

 



 



I -
INTERNAL AFFAIRS CASE: 17-002 
ALBERTO PEREZ

INVESTIGATIVE FINDINGS:

03/06/14~ Last chance agreement signed by Sgt. Perez as a resultlot 

9 09/05/17? Major Tagle sent a group text message at 2: 19 m. which included
Sergeant Perez stating schoois would be closed on Thursday, September 7?1 and .

Friday, September 

09/05/17 At 2 50 Major Tagle sent another group text including Sergeant
Perez, announcing a meeting the next morning for ?Hurricane preparedness

09/05/17? At 825 Sergeant Perez responded to the group text with
followed by emoji At 8: 26 p. m. Sergeant Perez responded to the

group text with followed by mere emoji 8.

09/05/17 At 9: 32 m. Sgt. Perez sent an email indicating he would be taking a
vacation day on September 6 2017 without prior approval.

09/05/17- From 10:48 to 11:04 Sergeant Perez was calling Officer Mario Rivera.

09/05/17- At 10. 56 Sergeant Perez called Sergeant Lissette Webb

09/05/17? At 11 :02 Sergeant Perez received a text from Sergeant Webb stating, 
"Hey just got him to answer. He 3 going to call you now Sergeant Perez relied

?ok thank youl"

- 09/05/17 At 11:04 Sergeant Perez sent Officer Rivera his home address via text
message

09/05/17- Officer Rivera confirmed he reseived a call from his supervisor
Sergeant Webb instructing him to respond to Sergeant Perez? 3 home and unlock .
Sergeant Perezs personai (vehicle. He was paid 4 hours of overtime for

unlocking his personal vehicle.

. 09/05/17- Officer Rivera confirmed he responded to Sergeant Perez?s home and
unlocked his personal truck which contained luggage and a dog. Officer Rivera
further stated he spoke to Sergeant Perez about having to work alpha/bravo

during the storm.
. 09/06/17? At 10:33 am. a RAM message was sent to all Departmentpersonnel 
instructing members to listen to the Chief's ?Sound Cloud" message on Hurricane
Irma. 
15

 

 


INTERNAL CASE 17-002
ALBERTO PEREZ

0 09/06/17 .Commander?Bevilacqua spoke with Sergeant Perez sometime in the
early afternoon and informed him of his assignment to alpha shift beginning on

September 7

09/06/17 At 2: 57 m. a PAM message was sent advising the Hurricane Irma
Emergency Operations assignments would be forthcoming via email within 15

minutes.

09/06/17- At 3:54 p. m. the Department sent out the Hurricane Irma Emergency
Operations Plan via Department email detailing personnel assignments for the

storm

- 09/06/17 Outlook records indicate Sergeant Perez deleted a calendar invite from
his department email at 8:00 p. m.

09/07/17- At 6:45 am. PAM messages were sent from the Department; one
explained Hurricane Irma assignments, the other detailed instructions for arrest

forms during the sterm.?

09/07/17? At 6:45 am. Sergeant Tracy Moore sent Sergeant Perez a text
message with a picture of the Situation Room. In the picture you can see the 
weather report on T.V. showing the path of Hurricane [me toward South Florida.

09/07/17? At 6:48 am. Sergeant Perez sent an email indicating he would be
. taking a sick day.

. 09/07/172 Numerous attempts to contact Sgt. Perez via telephone were
unauccessful a check on the well being was conducted at his home by Detective

Marinelli, with negative results.

09/07/17? At 9:26 a..m a PAM message was sent indicating the Hurricane
Operational Plan was in full effect. 

09/07/17- Commander Bevilacqua stated he spoke with Sergeant Perez and Sgt.
Perez told him he was coming in the next day (Friday, September 8).

09/07/17? Chief Motfett attempted to reach Sergeant Perez at approximately 3:06
p. In. An Uber driver answered Sergeant Perez?s phone and stated he found the 
phone' In his car after picking up Sergeant Perez from a Publix In Palmetto Bay.

09/07/17? Chief Moffett met with the Uber driver and recovered Sergeant Perez's
Department issued cell phone.

16

 

 

i
INTERNAL AFFAIRS 17-002

ALBERTO PEREZ

09/07/17- Lieutenant Rodak responded to Sergeant Perez?s. home at
approximately 3:45 pm. to conduct a welfare check. There was no answer at the
door. However, Lieulenant Rodak observed a bag containing two bottles of
alcohol (Crown Royal Vanilla and Vodka) and a Publix receipt in the driveway
. behind Sergeant Perez' 3 unmarked police vehicle. There were also two glasses

of what appeared to be wine on the front porch.

09/08/17- After repeated attempts to contact Sergeant Perez failed and he did

not report for duty during the Hurricane lrma emergency detail a third check on 

the welfare was conducted by the PCU

09/08/17~ Based on Sergeant Perez?s appearance and response that he coutd
not report for work because he had been drinking, ho was relieved of duty.

09/19/17- Obtained video and receipt from Sgt. Perez buying alcohol
Sergeant Perez recalled. speaking with Commander Bevilacqua and recalled
Commander Boviiacqua telling him who he was going to work with, but did not

recall being told he had to report for duty.

Sergeant Perez vaguely recalled speaking with Major Tagle, but did not recall
being told to call the Chief.

Although Sergeant Perez recalls particulars of his conversations with Officer .

Rivera and Commander Bevllacqua he said he did not recatl being told to report
for duty. Furthermore, he specifically stated he recalled telling Lt. Rodak and

Sgt. Cohen he had been drinking not that he was drunk.

Aithoug?h the Department sent numerous PAM messages and emails regarding
Hurricane lrma, Sergeant Perez stated he was not aware the Department was on

alpha/bravo.

Although'Sergeant Perez used his Department cell phone and logged into his
Department email account he stated he did not see any of the messages or

emails

Sergeant Perez stated he believed Friday was his day off and stated it he had
known he had to work, he would have called in sick. .

17

cue-u

 

..

 one: 17-002


i

ALBERTO PEREZ

i, the undersigned, do hereby swear, under penalty of perjury, that, to the best of my 

 

Note: The US. Equal Employment Opportunity Commission states 2

?An employer may choose, but is not required by the ADA, to offer a ?firm choice? or ?last

chance agreement? to an employee who otherwise could be terminated for poor performance 

or misconduct that results from 'alcohoiism or drug addiction. Generally, under a .?firm choice?
or ?last chance agreement" an employer agrees not to terminate the employee in exchange. for
an employee?s agreement to receive substance abuse treatment, refrain from further tree of
alcohol or drugs, and avoid further workplace problems. A violation of such an agreement
usually warrants termination because the employee failed to meet the conditions for continued

. employment"

A Department Disposition Panel will be convened to determine whether or not
disciplinary action is warranted in this case. 

The Panel met and the following recommendations were given: separation of
employment from the Miami?Dade Schools Police Department and the Miami-
Dade Public School District. Also, the report will be forwarded to the Criminal

Justice Standards and Training Commission for review based ontheir Letter of

Guidance dated, September 19, 2014.

personal knowledge, information, and belief, i have not knowingly or willfully deprived,
or allowed another to deprive, the subject of the investigation of any of, the rights
contained in 53. 112.532 and 112.533, Florida Statutes.

a hm wig-?q? I I
ny/fpfix?? . RENEE R. KEARSE
. 



MY COMMISSION it 06
09770
. EXPIRES. August 25 2021 3

 

investigator Signature



 

18

a- 

Imme- .-

 

 

 

 
 

Miami-Dade County School Board

Superintendent of Schools .
Alberto M. Coma/ho Perla Tabares Ham?man, Chair
Dr. Lawrence S. Feldman, Vice Chair

Dr. Dorothy 
Susie V. Castlilo

Carlos L- Curbelo

Dr. Wilbert Toe? Hollows 

Dr. Martin Karp

Dr. Marta Perez

Raquel A. Regalado

March 13, 2014

Employee 

Mr. Aiberto G. Perez
Central Operations Station 3
Miami?Dede Schools Police Department

Dear Mr. Perez:

The Miami?Dede County School Board took action to demote you from your current position as
Lieutenant at Central Operations Station 3, Miami-Dede Schools Police Department (M-DSPD). to
Sergeant and suspend you for sixty (60) workdays without pay, at the Board meeting of March 12,

2014.

This is your official notification that you must not report to any work location from
March 13. 2014 through June 4, 2014. You are to report to Central Operations Station 3, M-

DSPD. on June 5, 2014.
You have waived, in writing, your right to an administrative hearing.

An questions regarding this matter may be addressed to the Office of Professional Standards at

(305) 995-7110.
Sincerely, Wk)

Ana M. Rasco, 
Assistant Superintendent

JMC:dco


cc: Mr. Alberto M. Cawaiho
School Board Attorney
Ms. Enid Weisman
Mr. ian Moffett
Mr. Gerald D. Kitcheil
School Board Clerk 
SENT CERTIFIED RETURN RECEIPT
REQUESTED, FIRST CLASS MAIL.

Office of Professional Standards 155 Northeast 15'" Street - Suite P-?f 02 - Miami, FL 33132
305-995-7120 - 305-995-7329 (FAX) - 

 

 

 

March 6, 2014

Ana M. Rasco, Assistant Superintendent
Office of Human Capital Management

Office of Professional Standards

155 NE. 15'? Street. Suite 

Miami. Florida 33132

Dear Dr. Rasco:

it is my understanding that I am being afforded the option of a sixty (60) work day
suspension without pay in lieu of stronger disciplinary action. I hereby agree to accept
the sixty (60) work day suspension and waive my rights to an administrative hearing and

meeting-prior to School Board action.

in addition, I agree, out of my own volition, to execute the attached Last Chance
Agreement.

My agreement to accept this suspension and Last Chance Agreement Is not the product
of duress coercion or undue influence. Furthermore. I have entered into these

agreements of my own free will.

If approved by School Board action on March 12, 2014, this suspension will commence
on March 13, 2014 and end on June 4. 2014. I will return to work on June 5, 2014.

Sincerely,

 
 
     

-- oG. Perez

/mployee 

(mm is?,

Witness J)

(gatenant

  

 

 

 

 

 

 

 

 

 A 
February 26. 2014


TO: Joyce Castro. District Director
Office of Professional Standards

FROM: ??offeth

Miami-Dede 

 
  
  

at of Police and District Security
ols Police Department

SUBJECT: INTERNAL AFFAIRS FILE LT. ALBERTO PEREZ

The Miami-Dede Schools Police Department Disposition Panel has rendered
a finding in the above referenced investigation. As a result, internal Affairs ?le iA#13-
002. Conduct Unbecoming/lmproper Procedures (Lieutenant Alberto Perez), will be
forwarded to the Of?ce of Professional Standards (OPS) for review of the findings and
recommendations. Once OPS has completed the necessary review, the file must be
returned to the Professionai Compliance Unit (PCU).

After reviewing the investigative findings, the departmental Disposition Panel made a
number of recommendations for discipline, to include:

Last Chance Agreement

gijay inpaf! iuspensron 

As Chief, I support the panel?s ?ndings and recommendations; however, feel additional
sanctions are also warranted, to include:

  

meewNe

1. An additional 30 days unpaid suspension, for a total of 60 days;
2. Suspension from the Personalized Police Vehicle (PPV) program for Bohdays;
and ti: 
3. Completion of a Department approved Ethics course. 
2" 00

Should you have any further questions, please contact me directly at 

1.. 
lAM:dar g1 
Attachment: File at
if, :5

cc: Lieutenant David Rodak 

 

av. 

 

 A 
February 06, 2014



 

T0: Alberto G. Perez. Lieutenant
Miam'?Dade Schools Police Department
7 ..-- 
FROM: lat, A?o?e t, ef of Police and District Security

Miami-Dade'Schools Police Department

SUBJECT: NOTIFICATION OF COMPLAINT AND INTENT TO
DISCIPLINE

This is to notify you that a complaint was made listing you as the subject. After a
fact-finding investigation was completed by the Internal Affairs Unit, it was
determined by a departmental panel {the complaint should be classified as
indicated below. 

The investigation under case lA #13-002, for the allegation of CONDUCT
UNBECOMMINGIIMPROPER PROCEDURES, has been compieted. if you wish
to review the complaint contact the lntemal Affairs Unit at 305-757-7708.

CLASSIFICATION DISPOSITION

PERSONNEL COMPLAINT El MEMO TO FILE
GENERAL SUSTAINED

l.A. INVESTIGATION NOT SUSTAINED
El EXONERATED
SHOOTING INVESTIGATION UNFOUNDED

DENIED

PROPOSED DEPARTMENTAL ACTION SOUGHT

. Last Chance Agreement
. Demotion to Ser eant

 
 
  

1
2
3.
4. 30-day Unpaid Suspension
5.
6

DATE

71

EMPLOYEE SIG TURE

 

lAM/dar

 

 

 

MEMORANDUM 
February 13, 2013


TO: Ian A. Moffett, Chief of Police

Miami-Dede Schools Police Department
FROM: David A. Rodak, Lieutenant

Miami-Dede Schools Police Department

SUBJECT: DISPOSITION OF PANEL FINDINGS, CASE 
UNBECOMMINGIIMPROPER PROCEDURES (LIEUTENANT ALBERTO

PEREZ)

l. ALLEGATION:

On Tuesday May 21, 2013 at approximately 2300hrs., Acting Chief Gerald Kitcheil
received a call from lan A. Moffett concerning Lt. Alberto Perez causing a disturbance at
his ex?wife's home. Acting Chief Kitchell contacted Lt. Bevilacqua, who was on duty,
and sent him to the disturbance. When Lt. Bevilacqua arrived at the location, Lt. Perez

had already left the scene.

On Wednesday, May 22, 2013 at 1300hrs. Lt. Perez had a prearranged meeting at
Headquarters with Acting Chief Kitchell and Ian A. Moffett. While in the meeting Lt.
Perez'eXplained that he was having an ongoing situation with his daughter and was
attempting to locate her at his eX?wife?s residence. He said that he was driving his
school board issued vehicle and was involved in a traffic accident. After he verified that
the driver was not injured he left the scene of the accident. Lt. Perez said he took his
damaged school board issued vehicle to Auto Diaz Body Shop located in OpanLocka.
- Acting Chief Kitchell contacted Internal Affairs Commander Lopez. Commander Lopez

relieved Lt. Perez from duty.

.Acting Chief Kitchell requested an internal Affairs investigation into this incident. Acting
Chief Kitchell alleges that there are potential violations of state law, department
standard operating procedures, and district policy. Such as, Lt. Perez was not on duty
at the time of the accident, but was driving his departmental vehicle. Lt. Perez fled the
scene of the accident prior to police arrival. Lt. Perez failed to inform anyone about the
accident on the day of the incident. Lt. Perez attempted to have his vehicle repaired at

an unauthorized location.

 

 

 

DISPOSITION OF PANL mass IA #13-001 Page 2

'12 Authority:

OATH OF OFFICE do solemnly swear (or affirm) that I am entitled to hold the office to
which I am appointed? and that I will obey the Constitution and the laws of the United
States and of the State of Florida, and that I will obey the Rules and Regulations of the
School Board of MiaminDade County, and Rules, Regulations and Ordersof the Miamiw
- Dade Schools Police Department and that I will faithfully perform all of the duties of
Police Officer of the Miami?Dado Schools Police Department." 

LAW ENFORCEMENT CODE OF ETHICS: 

As a LAW ENFORCEMENT OFFICER, my fundamental duty is to some the
community; to safeguard lives and property; to protect the innocent against deception,
the weak against oppression or intimidation, and the peaceful against violence or
disorder; and to respect the Constitutional rights of all men to liberty, equality and
justice. I wilt keep my private life unsullied as an example to all and will behave in a
manner that does not bring discredit to me or to my agency. I will maintain courageous
calm in the face of danger, scorn, or ridicule; develop self?restraint; and be constantly
mindful of the welfare of others. Honest in thought and deed in both my personal and
official life, I will be exemplary in obeying the laws and the regulations of my
Department. Whatever I see or hear of a confidential nature or that is confided to me in
my official capacity will be kept ever secret unless revelation is necessary in the
performance of my duty. I will never act officiously or permit personal feelings,
prejudices, political beliefs, animosities orfriendships to influence my decisions. With no
compromise for crime and with relentless prosecution of criminals, I will enforce the law
courteously and appropriately without fear or favor, malice or ill will, never employing
unnecessary force or violence and never accepting gratuities. I recognize the badge of
my office as a symbol of public faith, and I accept it as a public trust to be long
as I am true to the'ethics of the police service. I will never engage in acts of corruption
or bribery, oer will I condone such acts by other Police Officers. I will cooperate with all
legally authorized agencies and their representatives in the pursuit of justice. I know that
I alone am responsible for my own standard of professional performance and will take
every reasonable opportunity to enhance and improve my IeveI of knowledge and
competence. I will constantly strive to achieve these objectives and ideals, dedicating
myself before God to my chosen enforcement.

STANDARDS OF CONDUCT, (II) PERSONAL CONDUCT

B. EMPLOYEE RESPONSIBILITIES: The manner in which duties are performed by
each departmental employee reflects his/her personal goals and professional
attainment. Employees are encouraged to exercise judgment, initiative, and sound
reasoning in all official transactions; strive for efficiency and effectiveness; exercise
restraint in difficult situations; seek self-improvement through formal/informal training;

and assist fellow employees whenever possible.

 

 

 

DISPOSITION OF IA #13-001 Page 3

D. CONDUCT UNBECOMING OF AN OFFICER: A police officer is the most
conspicuous representative of government. To the majority of people, they are a
symbol stability and authority upon which they can rely. Police conduct is scrutinized,
and when actions are found to be excessive, unwarranted, or unjustified, is-criticized far
more severely than comparable conduct of persons in other occupations. The conduct
of a public employee, on and off duty, reflects upon the Department. Therefore,
employees must avoid conduct, which might discredit themselves or the Department.

E. INTEGRITY: The public demands that the integrity of its law enforcement officers be
above reproach. An officer must avoid any conduct, which might compromise the

integrity of the Department, fellow officers, or themselves.
STANDARDS OF CONDUCT, (Ill) RULES GOVERNING CONDUCT

C. CONDUCT: Specific rules of conduct that govern every employee?s actions or
behavior cannot be established. Any act or omission contrary to good order, discipline,
or accepted standards of conduct may subject an employee to disciplinary action.

D. OBEDIENCE TO RULES AND LAWS: Employees shall comply with all federal and
state laws; county ordinances; and procedures, departmental policies, orders,

procedures, and Board rules.

G. STANDARD OF CONDUCT: Employees shall conduct their professional and private
lives in such a manner as to avoid and adverse reflection upon themselves or the

Department.
K. COURTESY: Employees shall be courteous and civil to others.

L. DEMEANOR: Employees shall maintain a professional demeanor. They shall not
behave in a manner that detracts from a_ professional. 

N. CONDUCT TOWARDS THE PUBLIC: Employees shall be courteous in their
relations with the public; avoiding harsh, violent. profane or insolent language or
manner, and shall maintain objective attitude regardless of provocation.

Z. REPORTING TO SUPERVISORS: An employee shall advise a supervisor in the
chain of command of any unusual activity, situation, or problem In which the Department
would logically be concerned and shall make written notification any time they become

involved in an investigation not previously assigned.
STANDARDS OF CONDUCT, (IV) GENERAL ON DUTY CONDUCT, (C) Prohibited

Activity

5. ?Any other behavior and/or activity that would reflect negatively upon the Department
and/or lead a reasonably prudent individual to believe that inappropriate or unethical

behavior is being conducted.

 

 

 

i.

DISPOSITION or PANL iA #135001 Page 4

PROPERTY AND EVIDENCE

ADMINISTRATIVE DIRECTIVE 10?03 USE OF COMPUTER AIDED DISPATCH
SYSTEM

5. Officers and supervisors will take the appropriate signals to account for all activity,
including self-initiated activity, assisting other unit, lunch break, facility/area check,

or traffic detail. A location will be provided.

4.2 Traffic Crash Investigations:

8. Officers will request a supervisor in cases involving serious injury, the possibility of
death and/or extensive property and vehicle damage, including government owned, to
coordinate the on-scene investigation. It a supervisor is unavailable, one will be
requested from another station through the Miami-Dads dispatcher. (CFA 23.01AD)
11. Officers will use the patrol vehicle's emergency lights, flares, and other appropriate
warning devices, as necessary, to protect the scene and to alert approaching traf?c.
Scene. protection and warnings are, especially important if victims, their vehicles, or
- hazardous debris is in the roadway. Officers wiil ensure tow companies will remove
vehicles from the roadway as soon as possible after completion of the investigation as
well as debris clean up. Additional officers will be requested if circumstances dictate.

VI. SCHOOL POLICE VEHICLE CRASHES:

A. PROCEDURES
1. All crashes involving Department vehicles, including leased vehicles, will be

investigated by the appropriate jurisdiction. When the crash occurs in M-DSPD
jurisdiction, it will be handled by an officer. (CFA 28.01 D) 

3. The officer involved will notify his/her immediate supervisor, via the communications
dispatcher, and provide the vehicle number, estimated dollar amount of damage to all
vehicles, and possible injuries if any were sustained.

5. The responding -MADSPD supervisor will be responsible for issuing a PCIRT advising
of the vehicle crash.

. In cases involving serious injury or the possibility of death, the Miami-Dads Police
Department?s (MDPD) Traffic Homicide Unit will be asked to respond to the scene. (CFA

23.01A)

7. In any situation where a police vehicle isinvolved in a crash, the vehicles will not be
removed from the scene until the investigating officer has concluded her/his
investigation and the M-DSPD on~scene supervisor has been notified.

- 12. Crashes involving a Department vehicle and another law enforcement agency's
vehicie will be investigated by the agency that has jurisdiction at the crash scene.

 

 

 

c1" 
DISPOSITION OF PANEL. 13-001 Page 5

?13. Failure to report any vehicle crash involving Department vehicles will result in
disciplinary action and/or suspension from the M-DSPD Police Vehicle Program

(PPVP)
9:1 Uniform Standards and Personal Appearance:

Proper wearing of the Miami-Dede Schools Police Department uniform and
the personal-appearance of employees, when involved in official activities, re?ects
directly on the professional image of the Department. The requirement for employees to
project the highest professional image mandates establishment of uniform and personal

appearance standards.

B. Only the items listed below will be affixed to the service belt. Sequential arrangement
of the below listed items Is mandated and can be affected by various waist

measurements and physical configurations.
1. Authorized holster and weapon.
5.2 Personalized Police Vehicle Program:

The Personalized Police Vehicle Program (PPVP) was established to provide increased
operational effectiveness to the school system while reducing the overall cost necessary
to maintain the fleet. in addition to on-duty functions, the utilization of police vehicles
from portal~to~portal and while in an off-duty status will result in more efficient services
to the Miami-Dede County Public School System. Vehicles provided by the Miami-Dade
Schools Police Department are for the performance of official duties only and

shall not be used for personal business or pleasure.

ll. RULES AND PROCEDURES:

A. Participation in this program is a privilege and not a right. School Board-owned
vehicles must be used only to carry out required duties with Miami-Dade County Public

Schools 

B. School Board-owned vehicles are made available for District business use; Board-
provided liability insurance will not cover you if the usage does not fall within the Board's

intended permission.

E. All crashes involving M-DSPD police vehicles will be reported and handled according
to Standard Operating Procedures (SOP) Operations 4.2, Crash Investigations.
VII. PROHIBITED ACTIVITIES:

A. Employees will not drive their vehicles improperly or in a cariess/reckless manner.

 

man-mun"- 

 

 

 

 

i

DISPOSITION or HCASE a 13-001 Page 5

C. Department vehicles will not be modified or altered in any manner, nor will any
equipment be added by an employee unless authorized by the AD Commander.
Employees will not add any accessories or equipment that affects the electrical or

mechanical systems.

5.5 Agency owned property:

I?ll; PROCEDURE: The Department invests considerable sums of money each year in
purchasing and upgrading property and equipment in order to ensure that of?cers and
staff are well equipped and safe when performing their duties. in return, there is a
requirement that those using the property or equipment will be accountable for and
exercise all due care to prevent loss or damage to property. The Quartermaster, ATU
supervisor and PSIT work cohesively to ensure the security and integrity of agency

owned property as outlined in this procedure.

B. Loss of or damage to propertyfequipment - if an item of property or equipment is lost
or damaged; the lossfdamage will need to be reported to the Quartermaster by
memorandum via the chain of command. The expectation is where an officer is on duty
when the loss or damage occurs. the report must be made immediately or as soon

practicable after the event.

C. Repair of agency owned property 4 Supervisors will be responsible'for ensuring the
property or equipment is brought to the Quartermaster for the necessary repairer
- replacement (it beyond economic repair), providing budget permits. Accidental damage
to police vehicles must be dealt with in accordance with SOP, OPS 4.2, Traffic Accident

Investigations.

E. Deliberate damage to propertyfequiprnent - Where items of property or equipment
are deliberately damaged (or neglected to such an extent that damage is inevitable), the
damage must be reported to the Quartermaster as detailed above. it will then be the
responsibility of the supervisor to approach their worklocation supervisor and make
.them aware of this incident. The work location supervisor,? usually a captain, will be
responsible for directing how the matter is to be recorded and investigated. Supervisors
will also be responsible for ensuring the property or equipment is sent to the

Quartermaster for the necessary repair or replaced (it beyond economic repair),
providing budgets permit. Clearly, if a criminal investigation is to be commenced, then
consideration must be given to preserving the damaged item. as evidence, as in any

other criminal investigation.

H. Compensation for loss, theft or damage if items of property or equipment are lost.
stolen or damaged there remains an optionlto recover the full or part cost of repair or
replacement from the person responsible, particularly if the loss or damage occurred
through lack of reasonable care or reckless behavior.'The decision to seek such

compensation will rest with the line supervisor.

 

 

 

 

 .
DISPOSITION OF PANEL FINDINGS HCASE Page 7

K. Discipline Where property or equipment is lost, stolen or damaged and this is
believed to have arisen as a result of misuse, deliberate acts, neglect or in breach of the
code of conduct, itmay be appropriate to investigate the allegation and consider the
matter using the appropriate disciplinary or criminal procedure.

SUBJECT: EMPLOYEE INVOLVED VEHICLE CRASHES MEMORANDUM
-

When a Miami?Dede Schools Police Department employee is involved in a
traffic crash while operating a Department vehicle1 the supervisor responding to the
scene must' ensure the incident is thoroughly documented. Photographs, reports
explaining the circumstances surrounding the crash, and contributing factors are to be

documented and submitted in a timely manner.

Police vehicle accidents are cause for considerable concern to both the general public
and law enforcement professionals alike. They can cause pain and suffering to those
involved, and consume vast amounts of public resources. As law enforcement officers,
we must be sensitive and reaponsive to the public. We must strive to conduct
Department business ethically, and in the most transparent manner possible. The
Department must ensure all crashes involving owned vehicle are'documented

properly and submitted swiftly.

Standard Operating Procedures:

II. DISPOSITION:

Based on the facts within the investigative report ?and the preponderance of the
evidence gathered;

The panel feels that Lieutenant Perez failed to follow several rules and regulations set
forth by the Miami Dade Schools Police Department and the Code of Ethics;

Therefore the allegation of Conduct Unbecoming an Officer/improper Procedures is 
SUSTAINED. 

m. OTHER FINDINGS: None
N. POLICYAND PROCEDURAL CONCERNS: None

V. See Discipline

 

 

 

 

i


DISPOSITION OF PANI. I #13-001 . Page 8

VI. DISCIPLINE:

the reasons outlined above, the Panel unanimousfy recommends that Lieutenant
Alberto G. Perez be: 

Last Chance Agreement
Demotion to Sergeant

aid Sus ension

5)

6)



 

- -. em?. .-.. w?unwu

 

 

 
  
 
   

MIAMI-BABE SCHOOLS POLICE DEPARTMENT

INTERNAL AFFAIRS .
COMPLAINT RECEIPT AND REFERRAL FORM

 

 

     



 

     

1600hrs.

  

05-22-2013 Wednesday

 

    
  
 

 

 

     

2330hrs.

  

 

 

Tuesday

  

05-21?201 3

  
 

 

 

 

 

 

Off Campus

 

 
 
 

 

 

 

Failure to report Traf?c Accident
Violation of 

   

 

 

 

 

 

  

 

 

 

 

Deputy Chief Kitchen

 

 

 

 

Namem. *3

 

 

MiamiEDade Schools Police


Department

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Alberto Gustavo Perez v36? WIM

- w?g?gun?: 
T?w ?rm] u'ty? Tssi ?Hit? Lieutenant
iISI-?k?t? Pat-M #3731 '51-?54 max ms. 
. - I

Page 1 of 2

 

 

 

 

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 -. 


  

 

CASE SYNOPSIS

TION CASE NUMBER: 

  
    

 

 

Perez was at his ex?wife?s house causing a disturbance. Lt. Bevilaqua was sent to the
disturbance but Li. Perez Was gone on arrival.
Wednesday, May 22, 2013 Lt. Perez reported to Headquarters for a meeting.

During the meeting Lt. Perez informed Acting Chief Kitchetl and Ian Mo?ett that he was
having a personal situation with his daughter. After leaving his he was

 
 
 
 
 
 

 
 

 

.airs_o_u in a Locke to have it re aired.

. his deartmentalvehicle to an Auto

 

Reviewed by:

Sergeant: E. Montizaan Date: 05?22?2013

DIRECTIVE: 

Process as follows:

   

Tuesday May 21, 2013 at approximately 2300hrs. Acting Chief Klichell was informed that Lt.

involved in a traf?c accldent while driving his departmental issued vehicle. Lt. Perez veri?ed 
that the driver of the other vehicle was not injured and then he left the scene: Lt. Perez took -

 

 

 

 

Assign to Refer to File as information
Internal Affairs: Station (SC): _9 Only: 
Lieutenant: _David Rodak Date: 
NOTIFICATION: .
Deputy Chief Gerald Kitchell Police Chief Ian Moffett

 

FOR INTERNAL REVIEW USE ONLY:

to File

General Personnel IA Memo [3 CRDC St El

Investigation Comptaint

INVESTIGATION TO BE CONDUCTED BY:

INVESTIGATOR: Sgt. E. Montizaan Date: 05-22-2013

Page 2 of 2 ANN EX-A

 

. 

mamarw-m-v - 

. navy-v7 SCHOOLS POLICE DEPARTMENT

INTERNAL AFFAIRS UNIT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CASE LOG
- DATE TIME
05/21/2013 11:30pm Incident Occurred .. .
05/22/2013 5:13pm Call out by Commander Edwin Lopez
05/22/2013 5:00pm Det. Neil at Auto? Diaz requesting wrecker for vehicle
05/22/2013 5:00 Drove Lt. Perez home w/ Sgt. Hodges retrieved SB
8:30' equipment
05/23/2013 8:39am Sgt. Hodges received call history log (FHP) Gail Nees
05/23/2013 11:40am Property Impounded (GIU)
[35/23/2013 1345prn Retrieve Spare Car from brought to Lindsey.
05/24/2013 11:45 Meeting at FHP with Cpt. Waxler Bright and Lt. Michael
12:30 Long, Commander Loperz and Sandra Martin
(Tallahassee Confidential M.V. Tag on conference
call. 
05/24/2013 1:01pm Call received from Lt. Perez ref. retrieving prescriptions
from vehicle.
05/24/2013 1:24pm Contacted Det. Neil concerning Lt. Perez personal
belongings .
. 05/24/2013 1:40pm Met w/ Det. Net! to received Lt. Perez belongings (1: 51
. Carol City Middle)
05/24/2013 2:24pm Commander Lopez advised me that FHP Officer
. vanegas would be contacting me in ref. to case.
05/24/2013 2:24pm FHP Officer Vanegas contacted me in ref. to vehicle
location and driver info.
05/24/2013 4:48pm - Met with Officer Vanegas at Lindsey Hopkins Tech.ref.
5:00pm Photographing vehicle *Note* additional damage was
located at rear of vehicle.

05/24/2013 5:40pm Arrived at Lt. Perez 5 house with personal belongings.
05/24/2013 8:20pm Trooper Vanegas contacted me in reference to School
Board Insurance Information.

05/25/2013 7:44pm Lt. Perez called me twice, wife answered phone

05/25/2013 8:09pm Called Lt. Perez back, spoke with him for nineteen min.

05/28/2013 lnterview with Roy DeLapena from Auto Diaz Body -
Shop. (Taped Interview).

05/31/2013 6:09pm Lt Perez was arrested by FHP for Felony Tampering
and leaving scene of accident.

06/13/2013 Interview with Deputy Chief Kitchell complainant in
case. (Taped Sworn Statement).

06/13/2013 Interview with Chief Ian Moffett (Taped Sworn

Statement).

 

06/24/2013

 

 

 

Lt. Perez Court (rescheduled)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

07/01/2013 Lt. Perez Court (rescheduled)

07/19/2013 Lt. Perez Court (rescheduled)

07/19/2013 -10am Interview with Act Captain Tagle (Cancelled) WM

07/20/2013 Acting Captain Tagie Taped Sworn Statement

07/22/2013 1:45pm Spoke with Nelson (Jack Shee)

07/23/2013 9am Interview with Nelson (Taped Statement)

07/24/2013 Received Photo Line Up for Steve (Lt. Correa provided)

07/24/2013 - Received phone records for Lt. Perez (Joey Diaz)

07/29/2013 Picked up attendance records

07/30/2013 Contacted ASA 

07/30/2013 interview Roy DeLapena from Auto-Diaz (sworn
statement)

07/30/2013 Ray Arauj. contacted me reference he is the ASA on, Lt.
Perez case. (not sure on cell 'number).
State Attorney Of?ce (305) 5470664

08/01/2013 Lt. Perez court rescheduled

08/06/2013 12:40pm. Provided Sgt. Staten with recordings; Neison, Roy; 
Tag/e, Kitchell

08/13/2013 11:08am Lt. Rodak advised Lt. Perez had situation the night
before. (Domestic) 

08/13/2013 11:31am Contacted Attendance Services and was told Lt. Perez
out on personal day.

08/13/2013 11 :46am Contested Lt. Carreno, (MDPD~Palmetto Bay) received
copy of Lt. Perez report. {Domestic Dispute).
PD

08/13/2013 12:20pm Contacted Tiffany Patterson from Miami-Dede Police
Department Palmetto Bay and ran address for the past
6 months. Calls for Service. (3 Domestic Disputes, 2
reports written)

08/14/2013 Court Arraignment, rescheduled to 08/29/2013

08/14/2013 1030am Attempted to contact ASA Ra'y Arauj, left message

08/14/2013 Notification notes made, Addendum reicontact.

08/14/2013 1241 pm Out personal contacted Attendance Sen/ices advised
Lemi.

08/26/2013 3:53pm . Out sick, they would e-mail him a message to call me.

08/27/2013 1039am Spoke with Ray Arauj reference case. He stated that
Lt. Perez?s lawyer and himself doing deal whereas he
will plea to misd. And drop felony. Will keep me
advised.

08/27/2013 10:15pm Contacted Sgt. Rodriquez MDPD (Palmetto Bay) in
reference to Domestic Dispute report. Advised was at
scene and had PO bring him to hotel. .Will give 8.8.

08/28/2013 1:15pm Picked up attendance log, had addendum signed

08/28/2013 3:01pm Ray Araui, SAS, cailed and advised court will be held

 

 

 

 

 

tomorrow on 08/29/2013 they will drop felony and make
a deal with misd. Courtroom 211 Judge Denaro.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

08/30/2013 9:45am Court for Lt. Perez. Felony plea, No Pros.
Misdemeanor?no contest. IOP, 1yr: probation. Court
Cost.
09/12/2013 11:53am Requested copy of SOP log that Lt. Perez signed for
from Lt. Bev.
09/12/2013 Requestpopy of Lt. Perez file from ASA Ray Arauj
09/16/2013 1247pm Received SOP log from Lt. Rodak Via email.
09/17/2013 12:58pm Picked up time sheets
09/18/2013 Recordings sent for Transcripts
10/01/2013 4:22pm Received Transcripts of statements
10/08/2013 4:58pm Ray Arauj contacted me and advised need to do public
. record request.
10/09/2013 Public Records Request, State Attorney?s Lt.
Perez file (HS-12759) Lorna Soloman, Ext. .
- . ?1.Heather Sherman?
10/10/2013 8:00am Picked up time sheets and court papers from Lt. Perez
10/14/2013 9:30am Requested copy of AI Perez tile 2?d request from
Heather. She advised (via phone) that she is waiting to
get the file from Public Corruptions. She stated in her
e-mail they are putting a fire on this to get the file to us.
10/15/2013 4:17pm Heather Sherman SAO, Public Records Request.
advised she just received the file. Advised that case is
not of?cial closed. via email.
10/16/2013 9:55am Received several documents from ASA (Heather) other
- documents to come. Lt. Perez File. Heather Sherman
advised case is now Of?cially Closed.
10/16/2013 11:50am Sgt. Staten interviewed Detective Steven Hadley.
10/18/2013 9:45am Received copy of Hadley interview from Sgt. Staten
10/18/2013 2:05pm Received worksheet from Lt. Rodak for the week of
10/14-10/18. He met with Lt. Perez
10/18/2013 Heather, SAO. attempting to resend e~maii ?le. Also
advised she put in mall as a backup. 
10/28/2013 9am Received Lt. Perez file from mall. Sent e-mail to
Heatherthanking her for case. 0313?12759)
11/12/2013 2:35pm Met with Lt. Perez gave him his notification of interview.
Had noti?cation signed and picked up attendance
sheets.
11/21/2013 Lt. Perez gave a sworn statement at Miami Dade
Schools Police Headquarters.
12/21/2013 4 am. Was noti?ed by Sgt. Paiacio that Lt. Perez was involved
- in another incident (Call Out) iA14-001
01/30/2014 Contested Charlene Burke from Lt. Perez alternative

assignment to advise her that he would be out of work
sick for a while.

 

 

 

 

 

02/4/1201 4

2:37pm

Was notified by Lt. Rodak to add into my report that Lt.
Perez checked himself in an in-treatrnent program at
South Miami Hospital on 01/27/2014

 

02/06/2014

10?12 pm

Panel held on Lt. Perez. Case completed. All
allegations were sustained, recommendations in file.
Panel members, Cpt. Silva, Commander Fox-Williams,

Major Garcia. -

 

02/07/2014

 

9:26 am

 

Charlene Burk, attendance services, advised Lt. Perez

will be back either next week or following. He has made
contact with Lt. Rodak. .

 

ANNEX 

 

 

 

 

 

 

 A 

TO:

FROM:

SUBJECT:

COMPLAINANT:

ALLEGATION:

OCCURRED:

EMPLOYEE:

December 17, 2013


David Rodak, Lieutenant
Professional Complianoe Bureau
Miami?Dede Schools Police Department



Edward J. Mohtizaan, Sergeant
Professional Compliance Bureau
MiamLDade Schools Police Department

INTERNAL AFFAIRS


GERALD KITCHELL DEPUTY CHIEF
DADE SCHOOLS POLICE DEPARTMENT
0100 NW 2ND AVENUE

MIAMI, FL 33127

305?757?7703

Violations of SOP:
1.2: Authority:
A) Oath of Office
B) Code of Ethics
4.2: Traffic Accident Investigation
5.2: Personalized Patrol Vehicle Program (PPVP)
55: Agency Owned Property
9.1: Uniform Standards and Personal Appearance
13.1: Standards of Conduct (Section letter G)

Memorandum #016
(Copy Provided) Employee Involved Vehicle Crashes

Standards of Conduct CFA 2:05

May 21, 2013

Alberto Perez, Lieutenant, WM
6100 NW 2ND Avenue DOB: EXEMPT
Miami, FL 33127 EXEMPT

305-757-7708

 

 

 

i 1 A,
. INTERNAL Perez

WITNESSES: Ian Motfett, Chief BM
6100 NW 2ND Avenue DOB: EXEMPT
Miami, FL 33127 EXEMPT
305-757~7708_
William Tagle, Sergeant WM
6100 NW 2ND Avenue DOB: EXEMPT
Miami, FL 33127 EXEMPT
305-757-7708 .
R0 cle la Pena . .
. .- iI. -. . - .. DOB: :11 g; g- -.

   
 
 
 

 

NA

Nelson Figueredo 
Jack Shea DOB:

   

ALLEGATION:

On Wednesday, May 22, 2013, the Professional Compliance Unit (PCU) received a
complaint regarding Lieutenant Alberto Perez. Complainant, Acting Chief Gerald
stated on Tuesday, May 21. 2013, at approximately 2330hrs Lieutenant Perez
was involved in an accident. Lt. Perez was not on duty at the time of the accident but
was driving his departmental vehicle. Lt. Perez fled the scene of the accident prior to
police arrival. Lt. Perez failed to inform anyone about the accident on the day otthe
incident Ian Moffott requested a meeting with Lt. Perez on Wednesday, May 22, 2013,
where he was informed about the accident and location of Lt. Perez' vehicle. The
accident occurred on Kendall Drive

Acting Chief Gerald Kitchell stated that on Tuesday, May 21, 2013, at approximately
2300hrs, he received a catl from lan Moffett concerning Lt. Alberto Perez causing a
disturbance at his eX-wife?s home. Acting Chief Kitchetl contacted Lt. Bevilacqua, who
was'on duty, and sent him to the disturbance. When Lt. Bevilacqua arrived at the

location, Lt. Perez had already left the scene.

On Wednesday, May 22, 2013, at 1300hrs, Lt.- Perez had a prearranged meeting at
Headquarters with Acting Chief Kitchell and Ian Moffett, soon to be chief of the Miami-
Dade Schools Police Department. While in the meeting Lt. Perez eXplained that he was
having an ongoing situation with his daughter and was attempting to locate her at his

 

 

f" i

INTERNAL Perez 3

exwwife?s residence. He said that he was driving his school board?issuad vehicle and
was involved in. a traffic accident. After he verified that the driver was not injured he left
the scene of the accident. Lt. Perez said he took his school board?issued vehicle to a
body shop located in Opa?Locka, Auto Diaz, to have it repaired. Acting Chief Kitchell
contacted internal Affairs Commander Lopez. Commander Lopez relieved Lt. Perez

from duty.

Acting Chief Kitchell is requesting an internal Affairs investigation into this incident.
Acting Chief Kitchell alleges that there are potential violations of state law, department

standard operating procedures, and district policy.

NARRATIVE:

On Wednesday, May 22, 2013, the Miami-Dada Schools Police Department PCU,
internal Affairs received a complaint on Lieutenant Alberto Perez. Contact was made
with Acting Chief Kitchell who advised of a hit and run accident, which occurred the
night before, involving Lt. Perez. Detective Neil from Internal Affairs reSponded to Auto
Diaz Body Shop located at 4100 NW 135th Street, Bay 6 A-B. She retrieved Lt. Perez?s
Police Vehicle, Black Ford Explorer tag The vehicle was towed to Lindsey
Hopkins Educational Center. Lt. Perez was met at Miami?Dads Schools Police
Headquarters by internal Affair investigators. He was relieved of duty and brought
home. All property belonging to Miami?Dede Schools Police Department was collected.

On Thursday, May 23, 2013, Sgt. Hodges contacted Gail Nees from Florida Highway
Patrol (FHP) and received calls for service history report. 'The report showed that FHP
Trooper Vanepas Troo resonded to a hit and run accident received at 23:30:12
located at I . Description of vehicles involved were a
Black Honda, tag - . . a Black Ford Explorer, tag FHP case number
is FHPE130FFO25322.

    

On Friday, May 24, 2013, a meeting was held at FHP Troop Headquarters to discuss
the hit and run accident. The meeting was with FHP Captain Waxler Bright, Lieutenant
Michael Long, Miami-Dede Schools Police Commander Edwin Lopez, via speakerphone
and l. FHP was provided the information concerning the Miami-Dede Schools
unmarked police vehicle and the driver of the vehicle, Lieutenant Perez. Ms. Sandra
Martin, Tallahassee confidential motor vehicle tag office, confirmed the information on
tag was requested from her by FHP the night of the incident. An
investigation was conducted by Trooper Vanegas into the accident.

On Friday, May 24, 2013, I met with FHP Trooper Vanegas at Lindsey Hopkins where
he took pictures of the vehicle. On June 4th Trooper Vanegas provided me a copy of
the completed packet including, pictures, photo lineup, arrest forms, sworn statements

and reports.

 

 

 

 

 

it a;

INTERNAL AFFAIRS/AlbertolPerez 4

On Friday, May 24, 2013, Witness, Carlos 'Robelo, and victim, Marytere Moriyon
provided a sworn statement to FHP. Carlos Robelo, said he was waiting at the light on
Kendall avenue. Ms. Moriyon vehicle was located behind his when he heard
screeching tires and saw a black Ford Explorer, coming toward them. Mr. Robelo
moved his vehicle forward to keep from getting rear ended by Ms. Moriyon vehicle.
After the collision Mr. Robelo and the driver of the Explorer, Lt. Perez. exited their
vehicles and verified Ms. Moriyon was not injured. Lt. Perez got back into his vehicle
and left the scene. Mr. Robelo wrote down the license plate on the Explorer and called
- 911. Mr. Robelo stated the driver of the Explorer, Lt. Perez, did not appear to be sober.

Ms. Moriyon provided a sworn statement to Trooper Vanegas. She said she was
waiting at the light at Kendall and 122?1d avenue. She saw a vehicle approaching but
could not move because she had a vehicle located in front of her. She was struck hard
in the rear of her vehicle. Lt. Perez was driving the vehicle that struck hers. He exited
his vehicle to see if she was OK. Ms. Moriyon said Lt. Perez looked as if he was under
the influence of alcohol or drugs. Lt. Perez suggested that they move the vehicles from
the street before another accident occurs. While she was moving her vehicle Lt. Perez

fled the scene at a high rate of speed.

On Friday, May 31, 2013, Lt. Perez was arrested by FHP. He was charged with a
misdemeanor, leaving the scene of an accident with property damage, and a feiony for
tampering with evidence. Lt. Perez was booked into the Miami?Dade County Jail.

On Monday, June 17, 2013, Lt. Perez was placed on alternative assignment.

On Thursday, August 15, 2013, Chief Ian Moffett received a clearance letter from
Miami-Dads Police Department on an unreported Domestic Dispute involving Lt. Perez.
The incident occurred on Thursday, August 13, 2013 at his girlfriend?s house. Lt. Perez
was on Administrative assignment during this time. Lt. Perez received additional
instructions while on administrative assignment to include reporting any encounters with

Law Enforcement Officers.

On Friday, August 30. 2013, Lt. Perez agreed to the following: One year probation, with
the chance to be lowered to six months with good behavior. Reimbursement to the

courts for the amount of $4i1.25. 
in consideration for this pea tie stae wou no te eony

tampering charge, and the misdemeanor was no contest. On October 16, 2013 the
State Attorney advised the case was officially closed.

 

 

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In? 

 

tl 5)

INTERNAL Perez 5

On Tuesday, May 28, 2013, Mr. Roy de la Pena from Auto Diaz provided a sworn
statement at 4100 NW 135?h Street, Bay 6 AB Opa?Locka, Florida 33054.

On Wednesday, May 22, 2013, at approximately 0930hrs, a damaged 2006 Black Ford
EXplorer was brought to Auto Diaz. Lt. Perez was in uniform, introduced himself as Al,
and advised he was sent there by Steve. Roy said?he has never met Lt. Perez before
this incident. Roy observed heavy front and damage to the explorer, and also slight
damage to the rear of the vehicle. Lt. Perez explained that he struck a pole with his
vehicle. Lt. Perez did not want to take the vehicle to a police repair shop due to the
excessive cost and monies that would be deducted from his check. Roy stated police
officers from other departments, Hialeah and Miami?Dede, have taken their vehicles to
him for the same reason and didn't find it unusual. Al was given an estimate of one
thousand dollars to repair the front of the vehicle. Lt. Perez gave Roy a five hundred
dollar cash deposit .for the repair. Roy stated that the work cost more than originally
estimated and he would be contacting Lt. Perez for an additional two hundred dollars.
The job was to be completed by Friday of the same week; Lt. Perez told Roy that he
needed to turn the vehicle in. Roy had replaced the hood, left headlight, header panel,
top and lower parts of the grill and front bumper the only thing not completed was the
Paint. Lt. Perez provided a contact number, so he could be reached
when the work had been completed. Lt. Perez adwsed that he didn?t need a work order.
Later the same date between 4:30 and 5:00 the vehicle was towed from Auto Diaz. Roy
attempted to call Lt. Perez but got no answer. FHP arrived to conduct an investigation

of the vehicle.

   

On Thursday, June 13, 2013, Acting Chief Gerald Kitchell provided a sworn statement
at Miami?Dado Schools Police Department Headquarters:

On Tuesday, May 21, 2013, at approximately 1100hrs. Acting Chief Kitchell received a
phone call from lan Moffett concerning Lt. Perez going to his ex?wife?s house, Ms.
Evelyn Perez, and causing a disturbance. Acting Chief Kitchell contacted patrol
Lieutenant, Bevilacqua, and had him respond to the house. On arrival Lt. Bevilacqua
informed Acting Chief Kitchell that Lt. Perez had left prior to his arrival. Lt Bevilacqua
spoke with Ms. Perez, she advised that Lt. Perez was there continually knocking on her
door wanting to know where his daughter was. Acting Chief Kitcheli calied Ian Moffett
and advised him that Lt. Perez had already left his ex-wife?s house and they would
speak with him the following day. Ian Moffett requested to speak with Lt. Perez first.

On Wednesday, May 22, 2013, Lt. Perez reported to Miami-Dede Schools Police
Headquarters for a meeting with Ian Moffett. During the meeting lan Moffett requested
Acting Chief Kitchell look in the parking lot to see if U. Perez's departmental vehicle was
there. Acting Chief Kitchell informed lan Moffett that Lt. Perez?s vehicie was not in the
parking lot, only a marked spare unit. Acting Chief Kitcheil joined the meeting with lan
Moffett and Lt. Perez. Acting Chief Kitchell was then informed by Lt. Perez what
occurred the night befbre. Lt. Perez told Acting Chief Kitchell that he went to his ex?
wife?s house the night before looking for his daughter. After leaving the house he was
involved in a car accident. He checked to see if the other person was injured. After

 

 

 

i) ii

INTERNAL Perez 6

determining they were not injured he left the scene. Acting Chief Kitcheli asked where
his departmental issued vehicle was. Lt. Perez advised he took the vehicle somewhere
in Opa-Locka to get repaired. Acting Chief Kitchell told Lt. Perez to stop talking and not
to say anything else. Acting Chief Kitchell contacted internal Affairs and spoke with

Commander Lopez. Lt. Perez was relieved of duty.

On Thursday, June 13, 2013, Chief Ian Moffett provided a sworn statement at Miami-
Dade Schools Police Department Headquarters.

On Monday, May'20, 2013, Ian Moffet't was preparing for the Miami?Dade Schools
Board meeting. He would be chosen for the position of Chief of the Miami-Dede
Schools Police Department. He was receiving a transactional briefing from Acting Chief
Kitchell on the state of the organization. included in this briefing were issues that the
department was having with Lt. Alberto Perez- Ian Moffett knew he would have to
speak with Lt. Perez pertaining to his personal situations interfering with his work

responsibilities,

On Tuesday, May 21, 2013, at approximately 2130hrs, lan Moffett received a phone call
from Sgt. Tagle concerning Lt. Perez being at his ex-wife?s, Ms. Evelyn Perez, house
banging on the door. lan Moffett did a three-way call with Acting Chief Kitchell to advise
him of the situation. Acting Chief Kitchell advised that he would contact patrol and have

them go by Ms. Perez?s house.

On Wednesday, May 22, 2013, The School Board of Miami-Dede County approved Ian
Moffett to become Chief and Acting Chief Kitchell to be Deputy Chief of the Miami-Dade
Schools Police Department. These appointments would occur at a later date. Acting
Chief Kitchell updated Ian Moffett on what occurred when Lt. Beviiacqua went to Ms.
Perez?s house. lan Moffett met with Li. Perez concerning what had been transpiring
with him over the past year and on the previous night. Lt. Perez voluntarily told lan
about his personal life, issues with his daughter and why he was at his ex?wife?s house
the night before. During the meeting Ian Moffett received a phone call from Sgt..Tagle'.
He advised him that Lt. Perez was not driving his assigned vehicle, but driving a spare
marked unit. Acting Chief Kitchell confirmed this by checking the parking lot at which
point Lt. Perez advised that he was involved in an accident the previous night. Lt. Perez
said he was having problems with his daughter. While driving home from his ex-wife's
house he struck another vehicle. He stopped to check-up on the other driver, make
sure they were not injured, and then left the scene. Acting Chief Kitchell joined them in
the meeting. Lt. Perez went through the steps again of what occurred. Acting Chief
Kitchell contacted Internal Affairs Commander Lopez and he relieved Lt. Perez from

duty.
On Friday, July 12, 2013, Sergeant William Tagle gave a sworn statement at Miami-
Dade Schools Professional Compliance Office.

On Tuesday, May 21, 2013, at approximately 2130hrs Sgt. Tagle. was contacted by
Officer Victor Hernandez. It was concerning Lt. Perez being at his ex~wife's house, Ms.

 

 

 

 

 

 

 

 

?um?u.

i} i)

INTERNAL AFFAlRS/Alberto Perez 7

Evelyn Perez, knocking hard at her door and appearing to be distraught. Sgt. Tagle
contacted Acting Chief Kitcheli and advised him of what was occurring. Acting Chief
Kitchell sent Lt. Bevilacqua to Ms. Perez?s house to evaluate the situation.

On Wednesday, May 22, 2013, Lt. Perez called Sgt. Tagle stating he needed to come
by and see him. He was being summoned to headquarters and needed to talk with him.
Sgt. Tagle said Lt. Perez was wearing his bike uniform and had forgotten his gun. He
needed to borrow a gun prior to going to meet with [an Moffett at headquarters. Sgt.
Tagle loaned him his "Baby" Glock. Sgt. Tagle observed Lt. Perez [says in a marked
vehicle. After he left, Sgt. Tagle thought about several incidents; gun, marked unit,
disturbance the night before and Detective Hadley advised he was with Lt. Perez
reference a vehicle situation. Considering these facts he thought Lt. Perez was possibly
involved in an accident. Sergeant Tagle contacted lan Moffett and advised him Lt.
Perez had borrowed his gun and asked if he could get it back. He also inquired if Lt.
Perez was involved in an accident. Later in the day Sgt. Tagle was summoned to
headquarters in reference to Lt. Perez admitting to the accident. He was there to assist .
Lt. Perez. Sgt. Tagle sent Det. Hadley to the Auto Diaz repair shop to secure the
vehicle and wait for internal Affairs to respond. Lt. Perez did not know where the repair
shop was located. Det. Hadley was familiar with the location. Sgt. Tagle did not speak
to anyone concerning this incident knowing it would be an Internal Affairs investigation.

On Tuesday, July 23, 2013, Nelson Figueredo, Miami-Dede Schools Vehicle
Maintenance, John Schee, gave a sworn statement. at the Miami-Dede Professional

Compliance Bureau.

On Wednesday, May 22, 2013, Lieutenant Perez came to John Schee transportation
center requesting a spare vehicle. Lt Perez stated his vehicle had broken down and
was being repaired at south transportation Lt. Perez signed John Schee's vehicle log
and took a marked vehicle Nelson said Lt. Perez arrived in the early
afternoon and was in uniform. Lt. Perez was accompanied by Detective Steven Hadley.
Nelson knows Steven Hadley throughout the years of dealing with him concerning
vehicles. Nelson does not recall Steven making any additional comments to him

concerning Lt. Perez?s vehicle.

 

On Tuesday, July 30, 2013, Roy de la Pena gave a second sworn statement at Auto
Diaz Body Shop,. Opa-Locka, Florida. Lt. Rodak was present when interview was
conducted. This was Roy de la Pena second statement and was done for clarification

purposes.

Mr. de la Pena stated he had been a close friend with Detective Steven Hadley for eight
to ten years. He knows Det. Hadley is a police officer.

On Wednesday, May 22, 2013, Roy de la Pena received a call from Det. Steven
Hadley. Det. Hadley advised him that he was sending his buddy over and asked Roy if
he could take care of him. Roy said when he got to the shop Lt. Perez was there to
meet with him. Lt. Perez told him, when leaving his house he hit a pole and needed to
repair the vehicle. While Roy was speaking with Lt. Perez, Det. Hadley pulled into the

 

 

 

 

 

. i i ..

. 

INTERNAL Perez 8
area of the body shop, He was driving his departmental issued - Impala. Det.
Hadley was on the phone while Lt. Perez was speaking with Roy. Lt. Perez and Det.
Hadley left together in Det. l-ladley's vehicle. Det. Hadley came back prior to the vehicle
being-towed to secure the vehicle. Det. Hadley did not mention what Was occurring with
the vehicle. ?Det. Neil, internal Affairs, responded and had the vehicle towed. Roy
stated he didn?t know what- had happened until he-saw the incident on the news.

On Wednesday, October 16, 2013, Sgt. Valerie Staten interviewed Steven Hadley at
Miami-Dads Schools Police l-leadquarters; Detective Hadley gave a sworn statement
Detective Hadley gave his statement under case number lA18-003.

On Wednesday, May 22, 2013, Detective Hadley said he received a phone call, on his
departmental cell phone, from Lt. Perez. Lt. Perez asked Dct. Hadley for the address to
an auto body shop that he had picked Det. Hadley up from in the past. Det. Hadley
previously had his personal vehicle worked on at Auto~Diaz Body Shop and Lt. Perez
had picked him up from this location. Det. Hadley contacted Roy from Auto-Die: Body
Shop to aSk_' his address then called Lt. Perez back and advised him of the location. Lt.
Perez requested Det. Hadley pick him up from there. Detective Hadley was not
informed why Lt. Perez was requesting this information and for which vehicle. Det.
Hadley arrived at Auto-Diaz and observed Lt. Perez, Roy and an unknown lady standing
next to a vehicle talking. He observed the front and Lt. Perez' eXplorer crashed and
assumed it had to do with the unidentified lady he was speaking with. He witnessed Lt.
Perez give Roy unknown amount of money and Roy received it. When he asked it
Perez what had occurred he was told that it was none of his business. Lt. Perez told
Del. Hadley to bring him to .Iohn Shee where he could get another vehicle. Del.
Hadley requested that Lt. Perez contact Lt. Rodak several times, to inform him about
the vehicle, however was told he tried and there was no answer. Det. Hadley did speak
with Tagle and adesed him he had lust left Lt. Perez at John Shes.

On Thursday. November 21, 2013, Miami-Dada Schools Police Department's
Lieutenant Alberto Gustavo Perez gave a sworn statement at Miami-Dada Schools

Police Headquarters.

Lieutenant Perez said that there were a variety of issues that were occurring in his life,
personally and professionally. Some of these issues were contributing factors that led
up to the hit and run accident. He explains prior to the accident he was under a great
deal of stress and dealing with several situations occurring in his life. Some of these

situations include, work related exposure and treatment for-, several shootings in the 

area he was 

   

 

a was emotonally distraught".

 

his problems. He 5 a 

Lt. Perez was preparing to go to sleep, 
After taking the he attempted to call his-
daughter she did not answer. Lt. Perez called his daughters?.

  
 

 

.. 

. .i
Perez

.friend and roommate, She advised him that his daughter was no longer
staying there and had moved out three weeks earlier, to an unknown location. Lt. Perez
said he had not Spoken with his daughter for at least months. He would deposit
money into her account. Three weeks earlier she had stopped taking the monies out of
the account and that worried him. Knowing she is no longer living with? Lt.
Perez decided to go to his ex-wife?s house to see if his daughter was there. Lt. Perez

9

said he did not have a personal car so he used his unmarked departmental police.

vehicle. its stated he was in a frantic state of mind as he responded over to the ex-
wife's house. Once arrived at the house, no cars were there. Lt. Perez knocked on the
door and received no answer. ls ex-wlfe's phone numerous times until she
answered. She advised that we not living with her but she will have her
contact him. He left his ex?wite cues and was heading toward the TJ Manor shopping
plaza to search for her. While driving he was checking his phone for numbers to his
daughters friends, in an attempt to locate her. He struck the rear of a black compact car.
He asked the driver, white female, if she was ok. did she need rescue; she was calm
and replied she was ok. Lt. Perez stated he did not pay attention to his surroundings
and did not know if anyone else observed the accident. The driver of the other vehicle
said she wanted the police. Lt. Perez went back to his vehicle, stated he was "double
panicked" He reversed his vehicle, observed that it was damaged but left the scene.
He thought about proceeding to his destination, TJ Maxx shopping center, instead he

got on the Turnpike and went home.

On Wednesday. May 22, 2013, Lt. Perez responded to work at Central Operations.
located in Jackson Sr. High School. He said no one observed the damaged
departmental vehicle while he was there. He was contemplating what to do and
remembered an Auto Body Shop where Det. Hadley had work done on his personal car.
He contacted Det. Hadley and requested they meet at the Auto Diaz Body Shop. Lt.
Perez met with Roy, manager at Auto Diaz Body Shop. where a time line was set and
price of 1.000 dollars was agreed too. Lt. Perez gave Roy $500 dollar cash down
payment. Det. Hadley made several inquiries into what happened to the vehicle but
was told by Lt. Perez it was ?none of your fucking business.? Detective Hadley brOUth
Lt. Perez to John Shae to pick Up a spare vehicle. He advised him to contact Lt. Rodak
for assistance but was told not to worry about it. Lt. Perez met with Nelson and was
giving a marked spare vehicle, the only vehicle available. Lt. Perez said he wanted to
go to Headquarters to meet with Acting Chief Kitchell and Ian Mofiett and self-report
what occurred. Lt Perez realized that he had left his gun at home. Lt. Perez went back
to his station at Jackson Sr. to see if he could locate someone with a secondary weapon
to borrow. He received a call from Captain Horgan requesting him to report to
Headquarters. He borrowed a gun from Sgt. Tagle and went to Headquarters for the
meeting. During the meeting, Lt. Perez confessed to the accident and was relieved of
duty. Lt. Perez said the following day after this incident his daughter called him. She
advised that the reason she was not in touch with him was because she wanted to live

with her mother and thought he would be Upset.



 

 

Perez

it it
.10

FACTS:

0

on Tuesday. May 21, 2013, Lt. Perez took his departmental Vehicle out for personal

use without authorization.

Lt. Perez was taking three medications. - and -. All three
medications have precautions related to driving a motor ve lcie while taking these
medications. (See Attached)

Li. Perez took-for steep prior to driving his departmental vehicle. Some of the
precautions onqatete: You may feel alert but not think cieerly enough to
drive. Walt at least elg hours after taking this drug before driving.?

Lt. Perez celled hie ex~wlte?s phone 23 times between 2213 2326

Acting Chief Kitchell and tan Motfeti Were advised of a disturbance at Lt. Perez's ex?

wife's house. -
Acting Chief Kltoheil sent Lt. Bevllacqua to Lt. Perez?s tax-wife?s house because oi

the disturbance.
Lt. Perez left his ex~wiie's house prior to Lt. Bevliacqua arrival.

Deiartmental Black Ford E?lcror, Tag_ was involved in an accident on

The Black Ford Explorer. Tag? Was issued to Lieutenant Alberto Perez.

Lt. Perez checked on the other driver to make sure they were not injured.

Lt. Perez tied the scene of the accident. 

Lt. Perez did not report this Incident to anyone.

Lt. Perez went to work the following day in a damaged vehicle.

Lt. Perez while at work wore his bike uniform but forgot to carry his firearm.

Lt. Perez brought his departmental vehicle to be repaired at Auto Diaz Body Shop in

Ftortde.
Lt. Perez gave Roy from Auto Dlaz five hundred dollars cash for a deposit on the

repairs.
Detective Steven Hadley picked up Lieutenant Perez from Auto Dlez.

Detective SteVen Hadley brought Lieutenant Perez to John Shoe Garage where
Lieutenant Perez reclaimed a spare vehicle
Lieutenant Perez borrowed a ?warm from Sgt. Tagie.

Lieutenant Perez had a meeting with Acting Chief Kitchen and lan Morten where he .

admitted to the hit and run. and bringing the departmental vehicle for repairs.

FHP enacted lieutenant Alberto Perez and charged him with leaving the scene

of an accident and tampering with Evidence.

On Thursday, August 15. 2013. Chief Ian Moffett received a noti?cation ietter from
Miami-Dede Police Department in reference to 2: Domestic Dispute that occurred on

Tuesday. Anytist 13. 2013 at Lt. Perez house.

On Friday. August 30, 2013, Lieutenant Perez pleaded no contest to ieevini the

t. Lt. Perez received one year probation,
and court costs for the amount of $411.25. in
cons are run or pee. the state will not ilie felony Tampering charges.

 

..

. . mun-u- .

 

i I - 
Perez 11

On Monda drama 27 2014 Lt. Peiez contacted Lt Rodak and notified hi :m that he

program Lt. Perez would be his
sick Ieeve and will not be availabie by ohone Lt. Perez would update Lt Rodak at a
tater date. Confirmation was attempted Mike Roieman, program director advised
information cannot be released due to HIPAA laws.

  
 

 



 

w-up 





MEMORANDUM November25, 2015


FOR FILE PURPOSES ONLY

 

TOTHE FILE OF: Richard J. 'Sergeant

Employee

   
 
  

FROM: Jimmie L. Brown, Jr., Administrative Directo?
Office of Professional Standards 

SUBJECT: FINAL DISPOSITION OF INTERNAL AFFAIRS INVESTIGATION
CASE: NIA DATE OCCURRED: 10102115

DATE REPORTED: 

SUBJECT: CONDUCT UNBECOMING AN OFFICERIIMPROPER
PROCEDURES

LOCATION: 9933 CENTRAL OPERATIONS, STATION 3

The Office of Professional Standards (OPS) has established a final disposition for the
aboveumdicated investigative action, as indicated below:

. Allegation TBD. 
. Alternate placement effected on October 6, 2015 through November 19, 2015 at

Records and Forms'lvlana'gement.
. Employee resigned effective 11/19/2015 prior to conclusion of investigation.

. Case closed November 19, 2015.

Because the report references actions which have been determined to be sufficient to
bring closure to the issue, no further post~investigative actions need occur.

 

?eLihcleiti?? _ijrovi'sio'hslo'r Chapter 1012:313ff?loriea email-ates 5;
- upon .fdetermlnation of :causejor probable cause to initiate ?disciplinaryraction';- This -_z1epor't_;
maintainedjn the?ffice Cit-Profession'al';
an grey: .- .- -

 

 

 



cc: Mr. Carlos A. Fernandez

 

 

  

Superintendent of Schools
A/berto M. Carve/ho

  

Dear Mr. Rastreili:

Mr. Rihcard . -

    

November 25, 2015

 

?i 

Miami?Dade County School Board
Pena Tabares Hantman, Chair

Dr. Lawrence S. Feldman, Vice Chair
Dr. Dorothy Bendross-Mindingail
Susie V, Castillo

Dr. Wilbert "Tee" Holloway

Dr. Martin Karp

Lubby Navarro

Raquel A. Regalado

Dr. Marta Perez Wurtz

Employm-

This is to notify you that on November 19. 2015. you submitted your resignation from Miami~Dade County
Public Schools effective November 19, 2015.

Prior to your resignation, you were identified as the subject in an Internal Affairs investigation.

This correspondence shall serve to inform you that the School Board wilt accept your resignation and
certify that November 19, 2015 was your test day of employment with the District.

Please be advised that acceptance of your resignation does not alter prevention of any future employment

in any capacity by M-DCPS.

Shouid you have questions or concerns, please contact this administrator. at (305) 995-7120.


437

cc: Mr. Ian A. Moffett

Mr. Gerald D. Kitcheil
Ms. Joyce M. Castro
Mr. Carlos A. Fernandez

  

mmie . Brown. Jr., 
Administrative Director

SENT CERTIFIED

RETURN RECEIPT REQUESTED

AND FIRST CLASS MAIL

Of?ce of Professional Standards . 155 Northeast 15'" Street, Suite P4 02 Miami, FL 33132

305-995?7120 305-995-7329 (FAX) wwdadeschoolsnet?



 

 

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MEMORANDUM

 

CONFIDENTIAL

 

 

 

URGENT

 

 

 

 

Ms. Judith M. Marta, Chief Financial Officer

TO:
Financial Services

FROM: Jimmie L. Brown, Jr., Administrative Dim/aw
Office of Professional Standards

SUBJECT: REMOVAL FROM PROGRAM 9779

November 25, 2015



The Office of Professional Standards is requesting the removal of the budget allocation for the temporary
placement of the employee listed below. Please be advised that the employee resigned effective

November-?19, 2015.

 

 

 

 

Employee Name Employee Regularly Assigned Site/ Alternate Site! Position Title/ Temporary
Number Cost Center Cost Center Job Key . Duty Dates

Position 

Richard J. Rastrelli - Central Operations Records and Sergeant 10/06/2015
Station 3 Forms Manage? JK #5200909? through
CG #1993300 ment Of?ce 11/19/2015
POS #53310630 CC #1941100

Your efforts in this matter are appreciated.

APPROVED BY:

Date

Mr. Jose L. Dotres, Chief Human Capital Officer
Office of Human Capital Management



CC:

Mr. lan A. Moffett

Mr. Gerald D. Kitchell

Ms. Joyce M. .Castro

Ms. Kimberly D. Gaines
Mr. Christopher DeOgburn
Mr. Carlos A. Fernandez

I

 

 

 

 

 

 

A

 

COUNTY PUBLIC SCHOOLS OFFICE
OF HUMAN RESOURCES
1450 NE 2ND AVENUE, SUITE 456
Miami. FL 33132

yr?r'nu nu! :Im?nm t'
'1 on won't! 5,5, 1 1? 9/1 

Date

LETTER OF RESIGNATION
The School Board of Miami-Dede County. Florida

1450 NE. 2nd AvenUe

Miami. FL 33132

Dear Board Members:
Please accept my resignation from the Miami-Dado County Public Schools for the following reason(s):

I am resigning with Miami Dade County Schools and will be seeking

employment elsewhere.

 

 

I am requesting this resignation become offecthe 1?1119/15 which will be
my last day of employment. i understand that by resigning my fuiivttme employment, all active
secondary assignments (any other employment with the school district) will also be terminated.
Furthermore. I understand that In order to return as a part-time employee (including temporary
instructodsubetitute) i must wait a period of at least six months before i can be rehired.

Respectfully.

Rastrelli. Richard

Print st Name, First Name

 

 

 

ignature Employee Number
MiamiuDede Schools Police 9934

Current Posttion Work Location
Home Address

Check Ono:

I recommend that this resignation be accepted.

1 recommend that this resignation not be accepted.

10 33m 19. mm?m?

Signature of PrincipallDepartment Head

cc: Administrator. Personnel Records. WL 9319, SBAB, Room 456
NOTE: Work sites must enter the correct terminatton code In the SAP system and forward
the original letter of resignation to Personnel Operations and Records. Please maintain a
cepy of? the letter in the employee's work site file (older. The employee's work site folder
must be kept at the location for one year. Alter one year, forward file to WL 9319, SBAB.
Room 456 - for imaging.
Rev. (8 -1 4)

 

.. 

 

 

 

 

 

 

 

CONFIDENTIAL

 

 

 

 

 

URGENT [l
. October 9, 2015

10
T0: Ms?Judith M. Marie, Chief Financial Officer 
Financial Services
FROM: JlmmieL Brown, Jr. Administrative Directo 

Office of Professional Standards

SUBJECT: BUDGET ALLOCATION REQUEST FOR EMPLOYEE PLACED IN PROGRAM 9779:


The Office of Professionat Standards is requesting a budget allocation for the temporary placement of the
employee listed below. lnvestigativeldisciptinary data supportive of this request are on file in this office. The
allocation Is requested for the indicated time-frames or at such time pertinent data indicate a change of date,

 

 

 

 

 

Employee Name Employee Regularly Assigned Site! *Altefnate Sitef Position Title/ Temporary
Number Cost Center Cost Center Job Key Duty Dates
. Position - . .
Richard J. Rastretll Central Operations Records Forms Sergeant 10/06/2015
Station 3 Management Office JK #5200909? until further
CC #1993300 00 #1941100 notice from
POS #53310630 -. OPS

*Assumes payroll responsibilities. N?o reduction in total salary may occur as a result of this action.

Your efforts in this matter are appreciated.

APPROVED BY: CW @617? - ?0 

Mr. Jose L. Deeps, Chief Human Capital Of?cer Date
Office of Human Capital Management .



cc: Mr. tan A. Mo?ett
Mr. Gerald D. Kitchell
Ms. Joyce M. Castro
Ms. KimbertyD. Gaines 
Mr. Christopher DeOgburn
Mr. Carlos A. Fernandez

 

 

 

 

. . . 

 

.MEMORANDUM

CONFIDENTIAL

 

 

URGENT II

 

October 9, 2015





TO: Mstudith M. Marie, Chief Financial Office
Financial Services .

FROM: Jimmie L. Brown, Jr.. Administrative Direct 
Office of Professional Standards 

SUBJECT:

ACTION

BUDGET ALLOCATION REQUEST FOR EMPLOYEE PLACED IN PROGRAM 9773:

The Office of Professional Standards. is requesting a budget allocation for the temporary placement of the
employee listed below. Investlgativeldiscipllnary data supportive of this request are on tile in this office. The
allocation is requested for the indicated time-frames, of at suchtime pertinent data indicate a change of date.

.. 

 

 

 

 

 

Employee Name Employee Regularly Assigned Site! *Alternale Site] Position Title] Temporary
Number Cost Center Cost Center Job Key Duty Dates
. Position 
Richard J. Rastrelt' Central Operations Records Forms Sergeant 10/06/2015
Station 3 Management Office JK #5200909? until further
CC #1993300 CC #1941100 notice from
POS #53310630 OPS
*Assumes payroll responsibilities. No reduction in total salary may occur as a result of this action.
Your efforts in this matter are appreciated. 
APPROVED BY: . -
Mr. Jose L. Dotres, Chief Human Capital Officer Date

Office of Human Capital Management

-



Mr. Ian A. Moffett

Mr. Gerald D. Kitchell

Ms. Joyce M. Castro

Ms. Kimberly D. Gaines .
Mr. Christopher DeOgburn
Mr. Carlos A. Fernandez

?MWQ?uV-?nwn?gqnuu

 

 

TERMS AND CONDITIONS OF ADMINISTRATIVE PLACEMENT AT

ALTERNATE LOCATION
NANIE: Richard J. Rastreili
EMPLOYEE WORK LOCATION: Central Operations Station 3
POSITION: Sergeant DATE: October 6, 2015

You are assigned to a paid administrative placement in an aiternatc assignment pending the resolution of an
investigative case and/or School Board action. For the duration of this placement, you are directed to comply

with the following items and conditions:

L- You must report to your alternate assignment at Records and Forms Management Of?ce, 

- #9411, located at 2780 N.W. Doral, Florida, 33172, effective October 6, 2015.

2. Your working hours are from 8:00 sun. to 4:00 pm. Monday through Friday.

3. You must report your attendance by signing in/out as directed by the assigned location administrator,
Ms. Charlene Bu rks, Administrative Director, Attendance Services. If you are taking leave due
to'illness or personal reasons, you shall notify Ms. Burks at 305-883-5323 or 305?523-0040.

4. You must not contact, visit or engage in any type of communication with staff from the work

location to which you were assigned at the time of the incident leading to this administrative

placement.
5. You must not contact or engage in any type of communications with the subject of, or witness(es) to,

the pending investigation

6. You must schedule medical appointments after 'work hours. When this is not possible, you must
contact Ms.Cha1lene Burks, Administrative Director, Attendance Services, at 305- 883-5323 or
305- 523? 0040 to obtain prior approval at least 48 hours in advance of scheduled medical

appointment.

7. You must comply with all administrative directives given to you during your administrative
. placement. . . .

8. You must attend all with the Of?ce of Professional Standards
. as directed. 

-I understand these directives and that failure to comply with any of the above terms shall subject me to
disciplinary action up to and including dismissal. -

07/5.?
?naium ofEmployec Date .

Signature of Region Center/District Administrator
iSSuing ahoverefercnoed directives

 

 

 

Date

 

 

 

 

 

- 'e-u 

 

 

 

 

 

n: .: 

 

J. 5.11.c..4v.~i1u..3t> )5

  

 

INVESTIGATIVE REPORTS

 

I, i: 

 

A 

TO:

. April 21, 2014
VG 87305-757~7708

David Rodak, Lieutenant, Professional Compliance Unit 
Miami-Dede Schools Police Department

 

FROM:

SUBJECT:

COMPLAINANT:

ALLEGATION:

OCCURRED:

EMPLOYEE:

WITNESSES:

Valerie G. Staten, Sergeant, Professional Compliance Unit
Miami-Dede Schools Police Department

INTERNAL AFFAIRS lA#'i 4-003

Deputy Chief Gerald Kitchell
Miami-Dede Schools Police Department
6100 NW 23nd Avenue

Miami, FL 33127

Conduct Unbecoming of an Officer

OPERATIONS 13.1

STANDARDS OF CONDUCT

II. PERSONAL CONDUCT

A. The Law Enforcement Code of Ethics
B. Employee Responsibilities

D. Conduct Unbecoming of an Officer

E. Integrity

GENERAL CONDUCT AND RESPONSIBILITIES
C. Rules Governing Conduct
D. Standards of Conduct

IV. GENERAL ON DUTY CONDUCT
C. Prohibited Activity #8

UNKNOWN

Stephen Rodgers, Off cer Central Operations BM

Miami Dade Schools Police Department DOB: EXEMPT
6100 NW 2nd Avenue . EMP 

 

Miami, Florida 33127

UNKNOWN

 

 

 #1e?oo5/April 21, 2014 2

INTERNAL AFFAIRS
Officer Stephen D. Rodgers

ALLEGATION:

On Tuesday, April 1, 2014, the complainant Deputy Chief Gerald Kitchell received a
phone call from Channel-7 News investigative reporter Carmel Caferro. Deputy Chief
Kitchell was advised by Carmel Caferro that she had in her possession, a video of a
school police officer in full uniform, inside an office, engaging in a sexual act. This
investigator responded to the Channel 7 News building to view the alleged video tape.
The officer depicted in the video was later identified to be School Resource Officer
Stephen D. Rodgers who is assigned to Miami Edison Senior High. The identification
was made by Sergeant Valerie G. Staten, of the Professional Compliance Unit, Miami?
Dade Schools Police Department. Due to the sensitive nature of the allegation, Officer
Stephen D. Rodgers was relieved of duty and administratively reassigned.

NARRATIVE:
On April 10, 2014, was directed by Deputy Chief Kitchell to conduct an internal affairs

investigation, regarding the allegation of Conduct Unbecoming of An Officer, a violation
allegedly committed by Officer Stephen D. Rodgers. The alleged video obtained from
Channel 7 News investigative reporter Carmel Caferro, stated she believed the video
was recorded in the month of December, 2013. The video begins with a visual of
Officer Rodgers' face, he is speaking but the audio is muted. The video then pans
down to capture Officer Rodgers, dressed in his class uniform, seated in a grey
office chair inside a school office. Of?cer Rodgers uniform pants are unzipped and his
penis is exposed. in the video, Officer Rodgers is actively engaging in a sexual act of
masturbation, using his "hand" to manually stimulate his exposed penis. As Officer
Rodgers masturbates, suddenly a ?hand" comes into view of the lens; the "hand"
engages the penis of Officer Rodgers and begins to manually stimulate his penis for
several seconds while he is still seated. This hand, in contrast to the hand of Officer
Rodgers, is slimmer and the skin tone is lighter than Officer Rodgers and appears to be
a female. The hand also has painted nails and a ring is worn on the index finger. The
video depicts only the hand of the individual. In the last frame .of the video, Officer
Rodgers stands up from the gray office chair, reengages his penis with his hand,
applying manual stimulation. The video ends with Officer Rodgers ejaculating.

Based on the information received from Channel 7 news reporter Carmel Caferro,
regarding the possible date of the video, attempts was made to retrieve footage of
persons entering Officer Rodgers? office. Mr. Dwayne Mingo, District Maintenance
stated the school surveillance system is designed to record footage which can be
retrieved for 25 to 30 days, which had already passed at the initiation of .the
investigation. The DCOM center log for December, 2013, was requested. It showed
personnel who called?in and entered district sites winter calendar-break.
Officer Rodgers worked patrol during this time; his name did ?not eppear on the log as

an entry.? .

 

 

{i i -
Wicca/April 21, 2014 . 3

Officer Rodgers turned in a set of keys belonging to Miami Edison Senior when he

resigned Officer Rodgers' departmental phone records revealed no unusual activity 
School Personnel advised no reports or rumors of misconduct involving Officer Rodgers
and the student population. All efforts to identify the female hand in the video were 

exhausted by inquiring on anyone matching the description of the ?female".

On April 3, 2014, Assistant State Attorney, Johnetta Hardemon, was contacted. The
State Attorney Office declined to pursue criminal charges in the'case of #14-003 after
viewing the video. Assistant State Attorney, Johnetta Hardemon advised she believed
the officer was inside the school office and that the other person in the office only
identified by'a female "hand" was an adult. .

On April 17, 2014, Officer Stephen D. Rodgers responded to the Miami?Dade'Schoois
Police Headquarters Building for his formal interview. 'Also present were Lieutenant
David Rodak and Sergeant Alejandro Palacio.

Officer Rodgers was afforded an opportunity to view the video tape prior to the start of
the interview. 

Of?cer Rodgers was advised of his rights and responsibilities. Officer Rodgers is a
School Resource Officer assigned to Miami Edison Senior High.

Officer Rodgers stated on the record after viewing the video tape, that he would not be
giving a formal statement at that time. Officer Rodgers stated he would like additional
time before he gave a formal statement. This investigator then poised the request to
Lieutenant Rodak on the record. Lieutenant Rodak stated the request for an extension

is granted until Monday, the 215i oprril of 2014.

On Monday, April 21, 2014, at 0900 hours, Officer Stephen D. Rodgers came into the
Miaml- Dade Schools Police Headquarters Building, and destined to make a formal
statement. Officer Stephen D. Rodgers submitted his letter of resignation from the
Miami- Dade Schools Police Department effective immediately The letter of resignation
was accepted by Deputy Chief Gerald Kitchell on Aprii21, 2014.

INVESTIGATNE FACTS:

- On April 1, 2014, Deputy Chief Gerald Kitcheil received a phone caii from
Channel 7 News investigative reporter Carmel Cafiero regarding a video in her
possession depicting a school police officer in full uniform masturbating inside a
school of?ce. Ms. Cafero stated she believe the video was made some time in
December, 2013.

. On April 1, 2014, this investigator responded to the Channel 7 News building,
vievved the alleged video, and identified the officer in the video as Officer

- Stephen. D. Rodgers, School Resource Officer_,assigned to Miami Edison Senior
High.
- On April 1, 2014, Officer Rodgers was relieved of duty.

 

 

 

 

it, I 
2014 4

VGS

The school office depicted in the video is Officer Rodgers assignedschool police
office at Miami Edison Senior High.

The audio in the video is muted.
The identity of the ?hand" with the painted nails, skin difference, and a ring worn

.on the index finger is unknown. At the time of report all efforts to identify the

"hand" were exhausted.

At the time of his resignation, Officer Rodgers turned in a set of keys belonging to
Miami Edison Senior.

The DCOM center log for the month of December. 2013 holiday break was
requested. it logged personnel who entered district sites. Officer Rodgers
worked during the holiday break; he was not listed on the log.

Officer Rodgers T-Mobile phone log was requested. it showed no unusual
activity.

School personnel advised there were no reports or rumors of misconduct
involving Officer Rodgers and the student population.

Mr. Dwayne Mingo, District Maintenance stated the school surveillance system is
designed to record footage which can be retrieved for 25 to 30 days, which had
already passed at the initiation of the investigation.

The date-of the video is unkn0wn but Channel 7 News investigative reporter
Carmel Caferro stated she thought it was made sometime in December, 2013.
On Thursday, April ?17, 2014, Officer Stephen D, Rodgers reported to the Miami"
Dade Schools Police Department Headquarters building for his formal interview.
After viewing the video tape, Of?cer Rodgers declined to make a formal
statement and requested a 48-h0ur extension.

On Monday, April 21, 2014, Officer Stephen D. Rodgers reported to the Miami?-
Dade Schools Police Department for his formal interview. Prior to the
commencement of the formal proceedings, Officer Stephen D. Rodgers
submitted a letter of resignation effective immediately. The letter of resignation
was accepted by Deputy Chief Gerald Kitchell. -
Officer Stephen D. Rodgers' file will proceed to panel without a formal statement

on the record.

 

 

 

 

 

DISPOSITION FINDINGS

 

 

DISPOSITION OF PANEL FINDINGS IA CASE #14?003

SUBJECT: DISPOSITION PANEL FINDINGS, IA CASE #14-?003
CONDUCT UNBECOMING OF AN OFFICERJPOLICY VIOLATIONS
OFFICER STEPHEN D. RODGERS

I. ALLEGATION: CONDUCT UNBECOMING OF- AN OFFICERIPOLICY VIOLATIONS

The complainant, Deputy Chief Gerald Kitchell received a phone call from Channel 7
News investigative reporter Carmel Caferro. Deputy Chief Kitchell was advised by
Carmel Caferro that she had in her possessions video of a school police officer in full
uniform, inside an office, masturbating. This investigator responded to the Channel 7
News building to view the alleged video tape. The officer depicted in the video was later
identified to be School Resource Officer Stephen D. Rodgers,' who is assigned to Miami
Edison Senior High. The identification was made by Sergeant Valerie G. Staten of the
Professional Compliance Unit, Miami~Dade Schools Police Department. Due to the
sensitive nature of the allegation, Officer Stephen D. Rodgers was relieved of duty and
administratively reassigned. -

This is contrary to the Agency Policy. which states in part:

All employees of the Miami-Dede Schools Police Department shall conduct
themselves in a manner that reflects ethical standards consistent with the roles
contained in TITLE: STANDARDS OF CONDUCT (SOP). The rules of conduct set forth
are not intended to serve as an exhaustive treatment of requirements, limitations, or
prohibitions on employee conducts and activities; but to guide employees in conducting
themselves both on-duty and off?duty, in a manner that reflects the professionalism
required of law enforcement personnel.

More particularly, S.O.P. OPERATIONS 13.1 STANDARDS OF CONDUCT
M-DCPS Standard Operating Procedures:

II. PERSONAL CONDUCT

A. The Law Enforcement code of Ethics As adopted in SOP Administration 1.2
Authority isa general standard of condUCt that officers of the must
abide by. .

8. Employee Responsibilities .. The manner in which duties are performed by each
departmental employee reflects his/her personal goals and professional
attainment. Employees are encouraged to exercise judgment, initiative, and
sound reasoning in all official transactions: strive for efficiency and effectiveness;
exercise restraint in difficult situations; seek self?improvement through formal and
informal training; assist fellow employees whenever possible. Professionalism is

 

 

 

 

 

DISPOSITION OF P?iiv?d .NDING IA CASE #14-003 2

established upon these attributes. In situations where no written directive or
supervisory guidance is available, employees are expected to analyze the 
situation and react in a professional manner.

D. Qonduct Unbecomino of an Officer A police officer is the most conspicuous
representative of the government. To the majority of people, they are a symbol
of stability and authority upon which they can rely. Police conduct is scrutinized
and, when actions are found to be excessive, unwarranted, or unjustified, is
criticized far more severely than comparable conduct ofpersons in other
occupations. The conduct of a public employee, on and off duty, reflects upon
the Department. Therefore, employees must avoid conduct, which might
discredit themselves or the Department.

E. Integrity, The public demands that the integrity of its law enforcement officers be
above reproach. An officer must avoid any conduct, which might compromise
the integrity of the Department, fellow officers, or themselves.

GENERAL CONDUCT AND RESPONSIBILITIES

C. Rules Governing Conduct Specific rules of conduct that govern every
employees action or behavior cannot be established. Any act or omission
contrary to good order, discipline, or accepted standards of conduct may subject
an employee to disciplinary action

G. Standards of Conduct Employees shall conduct their private and professional
lives in such a manner as to avoid an adverse reflection upon themselves or the

Department.

 

IV. GENERAL ON DUTY conoucr

D. Prohibited Activity Except as stipuiated by contract, employees shall not
engage in the following activities during duty hours:

 

4. Sexual relations on duty.

8. Any other behavior andfor activity that would reflect negatively upon the
Department and/or lead a reasonably prudent individual to believe that
inappropriate or unethical behavior is being conducted gambling on
duty, gaming on duty, etc

II. DISPOSITION:

Based on the preponderance of the evidence obtained during this investigation, the
allegation of Conduct Unbecoming of an Officer and the above listed Policy and
Procedure Violations are SUSTAINED.

 

 

 

DISPOSITION OF IA CASE #14-003 3

OTHER FINDINGS:
I 
IV: POLICY AND PROCEDURAL CONCERNS:

V. RECOMMENDATIONS:

The panel recommends that Officer Stephen Rogers be separated from his employment
with the Miami-Dede Schools Police Department.

VI. DISCIPLINE:

The panel unanimously recommends the Department initiate termination proceedings.

MW 5/
Major Wotan el air Person
9? 
weave;

aptain Jose M. Bevilacqua

 

cc: 9914 enant David Rodak

 

 

 

i I

A up gamma/noes
December 7, 2011'



TO: Raul Correa, Lieutenant. North Operations
Miami-Dads Schools Police Department



.

FROM: Edwin Lopez, Commander, lntemal Affairs/Background Unit
Miami-Dede Schools Police DepaItment

SUBJECT: INTERNAL AFFAIRS COMPLAINT CLOSURE NOTIFICATION

This is to advise you that the lntemal Affairs Unit has completed the investigation
of the complaint you made against one of. our employees. After being thoroughly
reviewed by the Command Staff of this Department, the investigation has been
classi?ed below and will remain on file for future reference as appropriate.

11?017 (Sergeant John Smith) 

If you wish to discuss the disposition of the complaint, piease contact the lntemal
Affairs Unit at (305)995-7703, Monday through Friday, during legular business
hours.

Thank you for your cooperation in this matter of mutual concern.
ELzlc 
0: Charles J. Hurley, Chief

Edward Torrens, Sergeant
Alicia Neal, Detective

 1?12#06?i

MEMORANDUM
December 6, 2011

TO: Charles J. Hurley, Chief

Miami?Dede Schools Police Department

FROM: Edwin Lopez, Commander, internal Affairs Unit

Miami-Dado Schools Police Department

SUBJECT: DISPOSITION OF PANEL FINDINGS

SERGEANT JOHN SMITH
CASE (IMPROPER FORCE)

A Disposition Panel consisting of the members listed below convened on December 2,
2011, to determine a disposition for the allegation made against an employee of Miami?
Dade Schools Police Department. The following represents the findings of the panel:

ALLEGATION: On Monday, October 24, 2011, Raul Correa, Lieutenant,

Miami?Bade Schools Police Department provided a sworn statement
at police headquarters office. Lieutenant Correa stated that on
Thursday, October 20, 2011, Sergeant John Smith advised he had deployed his
expandable baton while affecting an arrest. Lieutenant Correa said that based on
his review of the incident, and all information gathered, there were
inconsistencies with Sergeant Smith's statement, the subject?s statement, the
arrest affidavit and the video capturing the event. Lieutenant Correa further
stated the inconsistencies between the video footage, arrest affidavit, and
witness statements give rise to the question if there was probable cause to affect
an arrest. Lieutenant Correa also stated the inconsistencies bring into question if
the level of force applied to affect the arrest was in compliance with Florida State
Statutes and the Departmental guidelines.

DISPOSITION: Based on the evidence gathered during this investigation,
the allegation of CONDUCT is SUSTAINED.

OTHER FINDINGS: The Panel recommends a WRITTEN REPRIMAND be
issued to Sergeant Julio Quinones for approving an Arrest Affidavit in which the
arresting officer, Hector Martinez, did not witness the offense of Disruption of a
School Function, which is not misdemeanor exception per Florida State Statutes.

 

 

 

 

IV.

VI.

The Panel additionally recommends that Officer Hector Martinez be issued a
Verbal Counseling for completing the Arrest Affidavit associated with this case.

POLICY AND PROCEDURAL CONCERNS: The Panel recommends
that both Officer Martinez and Sergeant Quinones be issued directives outlining
the correct procedures to be followed when executing arrests pertaining to the
misdemeanor exceptions and warrantiess arrests.

RECOMMENDATIONS: The PANEL recommends that Sergeant John
Smith be terminated for violating SOP i Use of Force, specifically Procedures,
1.4a. The Panel stated that the use of force was ?unprovoked, excessive and

unreasonable,?

DISCIPLINE: The Panel recommends that Sergeant Smith be terminated
and that his Certificate of Police Officer be revoked.

During the course of this investigation. former Sergeant John Smith
residned from the Miami-Dada Schools Police Department.

- v- 

 

 

 Panel Chairperson
WV

Steven garage} 1ber
(r 

Ro??g?zf?ember

 

sq- 

. . y. mum-us n;

MEMORANDUM

TO:

FROM:

SUBJECT:

COMPLAINANT:

ALLEGATION:
OCCURRED:

EMPLOYEE:

WITNESSES:

November 21, 2011

Edwin Lopez, Commander. Internal Affairs Unit
Miami?Dede Schools Police Department

.) 

Edward Torrens, Sergeant, Internal Affairs Unit
MiaminDade Schools Police Department

INTERNAL AFFAIRS


Raul Correa, Lieutenant

Miami?Dede Schools Police Department


0100 aw. 2mi Avenue
Miami, FL 33127
305-757-7703

Improper Conduct! Excessive Use of Force

October 20, 2011

John Smith

Miami? Dade Schools Police Dept.

6100 NW 2nd Avenue
Miami, Florida 33127
305-757?7708

Carlos Fernandez

Miami Dade Schools Police Dept.

6100 NW 2rld Avenue
Miami, Florida 33127
305357-7708

Julio Quir?iones

Miami- Dade Schools Police Dept.

6100 NW 2?cl Avenue
Miami, Florida 33127
305757-7708

lmtyaz Dad

Miami Dade Schools Police Dept.

8100 NW 2"'3 Avenue
Miami, Florida 33127
305-757?7708


DOB: Exempt


 


DOB: Exempt


 


DOB: 

 
 

AIM
DOB: Exempt


 

 

 

 

 

 

Internal Affairs Unit 
Detective John Smith

WITNESSES: Hector Martinez HIM
Miami-Dada Schools Police Dept. DOB: Exempt
6100 NW Avenue EM Pit:

Miami: Florida 33127
305-757-7708

Claire Warren 
Jan Mann Opportunity School DOB: Exempt
16101 NW. 44?? Court 

Miami, Florida 33054
305-757-7708

Horace Givens Jr. 
Jan Mann Opportunity School DOB: Exempt
16101 NW. 44'? Court 

Miami, Florida 33054
305-757?7708

Andrea Walker 
Jan Mann Opportunity School DOB: Exempt
16101 NW. 44TH Court 

Miami, Florida 33127
305-757-7708

ALLEGATION:

On Monday, October 24. 2011, Raul Correa, Lieutenant, MiamiuDade Schools
Police Department provided a sworn statement at police
headquarters office. Lieutenant Correa stated that on Thursday, October 20, 2011,
Sergeant John Smith advised he had deployed his expandable baton while
effecting an arrest. Lieutenant Correa said that based on his review of the incident,
and all information gathered; there were inconsistencies with Sergeant Smith?s
statement, the subject's statement. the arrest affidavit and the video capturing the
event. Lieutenant Correa further stated the inconsistencies between the video
footage, arrest affidavit, and witness statements give rise to the question if there
was probable cause to effect an arrest. Lieutenant Correa also stated the
inconsistencies bring into question if the level of force applied to effect the arrest
was in compliance with Florida State Statutes and the Departmental

guidelines.
NARRATIVE:

On Monday, October 2011, Raul Correa, Lieutenant, M-DSPD, provided a
sworn statement at M-DSPD police headquarters.

nun? 

 

Internal Affairs Unit
Detective John Smith

Lieutenant Correa said that on Thursday, October 20th, 2011, Sergeant Smith
advised him that he used his expandable baton to effect an arrest. Lieutenant
Cornea stated he responded to the scene and arrived simultaneously with Carlos
Fernandez, Captain, M-DSPD. Lieutenant Correa stated he observed a small
laceration on the left arm of Sergeant Smith, just above the elbow. Lieutenant
Correa said Sergeant Smith advised him the defendant attempted to punch him
after being advised he would be arrested. Lieutenant Correa said initially there
appeared to be no impropriety between the arrest affidavit, the Offense Incident
Report and Sergeant Smith's account of the incident. Lieutenant Correa stated he
noticed the school?s security camera system had a camera which recorded the
incident. Lieutenant Correa said he reviewed the video and became aware of
several inconsistencies between the written documentation and Sergeant Smith's
account of the incident. Lieutenant Correa stated the inconsistencies gave rise to
possible statutory and policy violations. Lieutenant Correa stated he articulated the
inconsistencies in the Supervisory Control of Persons Report.

On Wednesday, October 26, 2011, a meeting was convened with Ms. Johnette L.
Hardiman, Assistant State Attorney, Public Corruption Prosecution Unit, Miami?
Dade State Attorney Office (M-DSAO). She reviewed the documentation and video

evidence provided for prosecutoriai value.

Ms. Hardiman rendered the following opinion:

1. The facts and evidence presented did not meet statutory requirements to
charge criminal battery; however, the evidence clearly indicated excessive

use of force.
2. The would maintain the case in active criminal phase pending

witness statements.

On the same date, Hector Martinez, Officer, provided a sworn statement
at the Internal Affairs Unit office.

Officer Martinez said he was the author of the arrest affidavit and incident report
which pertains to police case Officer Martinez stated he arrived after the
fact, as an officer request for back-up. Officer Martinez stated he interviewed
Sergeant Smith and was advised of the juvenile defendant?s disruptive behavior.
Officer Martinez stated he was advised by Sergeant Smith that the juvenile
defendant had been escorted to the main office and continued to be defiant.
According to Officer Martinez Sergeant Smith said the defendant was told he was
under arrest and he used his expandable baton because the juvenile defendant
made an overt attempt to punch him. Officer Martinez stated he was informed by
Sergeant Smith that he struck the defendant several times on the left arm and leg.
Officer Martinez stated he charged .the juvenile defendant based on Sergeant

Smith?s and other witness testimony.

 

 

internal Affairs Unit
Detective John Smith

On the same date, lmtyaz Dad, Officer, provided a sworn statement at
IAU office.

Officer Dad said he was in the main office near the area where the incident
occurred. Officer Dad said he heard Sergeant Smith yell at someone, ?Get down,
Get down!? Of?cer Dad stated he observed Sergeant Smith attempting to restrain
the defendant. He added that Sergeant Smith had his eXpandable baton deployed
while he and the student were tussling in a back and forth motion. Of?cer Dad said

he assisted Sergeant Smith and handcuffed the student.

On Thursday, October 27, 2011, Julio Qui?ones, Sergeant, M-DSPD. provided a
sworn statement at M-DS PD police headquarters.

Sergeant Quihones stated he was the first supervisor to arrive at Jan Mann
Opportunity School on the date of the incident. Sergeant Quir?iones said Sergeant
Smith provided a brief synopsis of the incident. Sergeant Qui?ones stated he was
advised by Sergeant Smith that the defendant had roamed the halls and refused to
comply with directions from school officials to go to class. Sergeant Quir?iones said
he was advised by Sergeant Smith that he sensed an imminent attack after telling
the student he was arrested. Sergeant Qui?ones stated he was advised by
Sergeant Smith that he struck the student with the expandable baton several times
on the left arm and once on the left leg. Sergeant Quihones said Sergeant Smith
advised him that he placed the student in custody with the assistance of Officer

Dad.

On the same date. Raul Correa, Lieutenant, M-DSPD, provided a sworn statement
at MADSPD poiice headquarters.

Lieutenant Correa stated he was advised by Sergeant Smith of the use of force
while effecting an arrest. Lieutenant Correa said he was advised by Sergeant
Smith that he repeatedly warned the defendant he would be arrested. Lieutenant
Correa said Sergeant Smith advised that after removing the cellular phone from
the defendant?s hand, he become combative. Lieutenant Correa said he was told
by Sergeant Smith that he attempted to restrain the defendant and struck him with
the expandable baton multiple times on the left arm and left leg. Lieutenant Correa
stated he observed a school surveillance camera positioned in the main of?ce,
above the area where the incident occurred. Lieutenant Correa stated he
requested to review the video, but the person knowledgeable in operating the
security surveillance system was off-campus at the time. Lieutenant Correa stated
he ultimately reviewed the video that recorded the incident several times at the
scene. Lieutenant Correa said that after reviewing the video he became concerned
with the inconsistencies between the video footage, arrest affidavit, and witness
statements. Lieutenant Correa stated his concerns were noted on the Supervisory

Control of Persons Report that he prepared.

 

 

 

internal Affairs Unit
Detectlve John Smith

On the same date, Mr. Horace Givens, Administrator, Jan Mann Opportunity
School, provided a sworn statement at Jan Mann Opportunity School.

Mr. Givens said information was received by the administration that several male
students were in possession of oxicodeine pills. Mr. Given's said a school-wide
search ensued to identify those male students in possession. Mr. Given's said the
suspected students were purposely removed from the classroom environment to
minimize disruption of the instructional process. Mr. Givens declared the student in
question, refused to be searched and was defiant. Mr. Givens stated
Sergeant Smith approached - and asked him to enter the main office. Mr.
Givens avowed once inside the waiting area of the main office became

irate and refused to comply Whom given to him. Mr. Givens affirmed he
heard Sergeant Smith directin to stand "over there" and pointed toward the

wall. Mr. Givens stated he observed the student, turn and appeared to be
exiting the office. Mr. Givens advised Sergeant Smith prevented from
exiting the main office by interposing himself by the door. Mr. Givens stated an
argument ensued between_ and Sergeant Smith;_ would say he was
going to leave and Sergeant Smith replied that he would not leave, Mr. Givens
stated Sergeant Smith took ?3 cell phone from his hand and instructed him to
put his hands behind his back, repeatedly. Mr. Givens said would not
comply with Sergeant Smith's verbal commands and subsequenty deployed his
expandable baton. Mr. Givens advised Sergeant Smith then began to direct

to lie down and he would not comply. Mr. Givens affirmed Sergeant Smith
deployed his expandable baton and struck D- on the left shoulder, left arm and
left leg multiple times, while saying, "Get down! Get down!" Mr. Givens said

would not comply with Sergeant Smith's directions.

 

On the same date, Ms. Claire Warren, Principal, Jan Mann Opportunity School,
provided a sworn statement at Jan Mann Opportunity School.

Ms. Warren stated after hearing a commotion, she walked out of her office and

observed Sergeant Smith strikin_ with his expandable baton and said
several times to ?Get down on the groundl" Ms. Warren said -was not

complying physically with Sergeant Smith?s directions, but he was not combative.
Ms. Warren stated she did not see the entire incident since the inception. Ms.

?n said shortly thereafter, Officer Dad rendered assistance and handcuffed

On the same date, Ms. Andrea Walker, Secretary, Jan Mann Opportunity School,
provided a sworn statement at Jan Mann Opportunity School.

Ms. Walker stated she observed- enter the main office while talking on his
cell phone, and ignored Sergeant Smith's repeated directions to get off the phone.

She said a rgeant Smith?s requests were ignored, he abruptly took the cell
phone from ?3 hand. Ms. Walker stated- became "very aggressive and
got in his face." Ms. Walker advised she observed Sergeant Smith say tor,
"what are you doing, you need to go to the office" and pushed him. Ms. Wat er

 
  

 

 

 

Internal Affairs Unit
Detective John Smith

stated _had pushed Sergeant Smith and began to curse at him. Ms. Walker

said Sergeant Smith began to restrain? by hitting him on the knees with the
expandable baton. Ms. Walker stated another of?cer (Ofc. Dad) came to the aid of

Sergeant Smith.

On Wednesday, November 2, 2011, Carlos Fernandez, Captain, M-DSPD,
provided a sworn statement at his office at M-DSPD, North Operations.

Captain Fernandez stated he was advised by Lieutenant Correa of a Use of force
while effecting an arrest. Captain Fernandez said he and Lieutenant Correa arrived
at Jan Mann Opportunity School at the same time. He said that he asked Sergeant
Smith about the incident that lead to the use of force. Captain Fernandez said he
asked Sergeant Smith if he removed the juvenile?s cell phone from his possession
before or after the arrest and Sergeant Smith affirmed he removed the cell phone
after the arrest. Captain Fernandez stated he asked Sergeant Smith again what
lead to the use of force and Sergeant Smith advised him that he asked thejuvenile
to come into the main office, after which, a fight ensued. Captain Fernandez said
he was told by Sergeant Smith the juvenile began to throw punches at him, which
caused him to use his expandable baton, defensively. Captain Fernandez said he
advised Sergeant Smith of the fixed security camera located in the main office that
possibly recorded the incident. Captain Fernandez said he advised Sergeant Smith
to provide a truthful statement and issues Would not arise if the images captured
on video are consistent with his official statement. Captain Fernandez said
Lieutenant Correa briefed him regarding the video evidence and he was disturbed
by what he observed on video. Captain Fernandez said the images on the video
contradict Sergeant Smith's testimony and the written documentation. Captain
Fernandez also said the video evidence did not depict the juvenile attempting to

punch Sergeant Smith, which called into question the use of force.

FACTS:

. On Thursday, October 20, 2011, the administration at Jan Mann
Opportunity School received information that several specific students had
Oxicodeine pills hidden in their shoes. A search of the specific students

ensued by the administration. -

Students suspected of being in possession of oxicodeine were physically
removed from their respective classrooms to minimize interruption to the
learning environment. The students were directed to go to the main office

for the purpose of being searched.

. One student in particular,-. refused to go to the main office and be
searched. Instead, he was defiant to school officials and wandered the

hallways while he talked on his cell phone.

. Sergeant John Smith was requested to assist in trying to get to
comply with staff directions. .

 

 

Internal Affairs Unit
Detective John Smith

Sergeant Smith and entered the main office. Subsequently,
SergeWith used force by way of the expandable baton to restrain and
arrest

Sergeant Smith notified his supewiscr of the use of force to effect an arrest
Lieutenant Correa responded to the scene and gathered the necessary

information to complete the Supervisory Control of Persons Report.

The incident occurred in the waiting area of the school?s main office. There
is a functional schooi security camera affixed to the which recorded
the event- The video recording contradicted Sergeant Smith?s personai
account of the incident. the arrest affidavit and cffenseiincident report.

Sergeant Smith advised his chain of command {Captain Caries Fernandez
and Lieutenant Raul Cones) that he used the expandabie baton to defend
himseif and fend off punches from the defendant The video recording

contradicts this statement.

According to Officer Hector Martinez. Sergeant Smith stated he used his
expandable baton as a result of the juvenile defendant making an overt

attempt to punch him. The video recording contradicts this statement.

Officer lmtyaz Dad observed Sergeant Smith struggling with the juvenile
defendant as he attempted to place him in custody. Officer Dad assisted

Sergeant Smith in placing the student in custody.

According to Sergeant Julio Quinones Sergeant Smith stated he used the
expandabie baton on the juvenile defendant to defend himself from what he

felt was an imminent attack The video recording revealed no assault on the 

officer by the defendant.

Mr Horace Givens stated the defendant was removed from his classroom
to minimize disruption of the learning environment Mr. Givens observed

Sergeant Smith abruptly remove the defendant?s cell phone from his hand
and yell "Put your hands behind your back. 

Captain Fernandez advised Sergeant Smith to be truthful with his statement
because there was a security camera on the ceiling of the main office that

recorded the incident.

The video evidence revealed the following: Sergeant Smith and the
defendant (-) are seen standing by the entrance to the main office.
Sergeant Smith abruptly removes the defendant?s ceil phone from his hand
and then pushes him. The defendant then postures and Sergeant Smith
deploys his expandable batch and strikes him multiple times on the left arm
and left leg. Officer Dad intervenes and handcuffs the defendant.

 

 

-. vv--I-v- --. .- -.- -..-..- .. w. -. -.



um. 

internal Affairs Unit
Detective John Smith

a On November 4, 2011, Sergeant Smith submitted his letter of resignation of
employment with during the course of this investigation.

9 On November 17, 2011, Sergeant Smith was sent via Certified Mail to
provide a sworn statement within five (5) days of receipt of the notification.

On November 21, 2011, Sergeant Smith notified the IAU office and
indicated he would not be providing a sworn statement. This case continues

without the benefit of Sergeant Smith's statement.

This investigation is being forwarded to a Department Disposition Panei for further
review and final disposition.

 

 

 

 

Superintendent of Schools - Miami-Bade County School Board
Alberto M. Carvalho Dr. Lawrence 8. Feldman, Chair
- Dr. Marta Perez, Vice Chair

Dr Dorothy 
Susie v. Castillo

Dr. Steve Gallon ill

Perla Tabarcs Hantman

Dr. Martin Karp

August 4. 2017 Lubby Navarro
Mari Tera Rojas

Empioyee 

 

Lt. Steven Tarraio

Dear Lt. 'l'arrago:

 

This is to notify you that on July 18. 2017, you submitted your retirement from Miami-Dade County
Public Schools (M-DCPS), and the information was forwarded to the Office of Professional

Standards 

- Prior to your retirement. you were identified as the subject in an internal Affairs investigation.

This correspondence shall serve to inform you that the School Board will accept your retirement and
certify that July 18, 2017, was your last day of employment with the District.

Please be advised that acceptance of your retirement does not alter prevention of any future"
employment in any capacity by M-DCPS.

Should you have questions or concerns. please contact me at 305?995-7110.
(SW1

cerely, 

\l mie L. Brown, Jr, . -
Administrative Director 

 
 
  

  
 

JLB:ias 
130189

cc: Ms. Joyce M. Castro
Chief Ian A. Moffett 
Major Carlos A. Fernandez

Lt? David Rodak SENTC FD MAIL RETURN Ramp: Recugsrac
Sgt. Lloyd Cohen . AND FIRST CLASS MAIL

Office of Professional Standards - 155 Northeast 15?? Street - Suite P-102 - Miami, FL 33132 
305-995-7120 - 305-995-7329 (FAX) - 

 

 



 

 

Superintendent of Schools
Alberto M. Carve/ho .

Mr. Steven F. Tarrago
North Operations Station 1 .
Miami-Dads Schools Police Department

Dear Mr. Tarragoz.

Miami-Dede County School Board

Perla Tabares Hantmon, Chair

Dr. Martin Karp, Vice Chair

. Dr. Dorothy Bendross-Mindinge/I

Susie Castillo
Carlos L. Curbelo

- Dr. Lawrence S. Fe/dman

Dr. Wilbert "Tee" Holloway

Dr: Marta Perez

RaquelA. Regalado

July 18, 2013

Employee 

The Mlami~Dade County School Board took action to suspend ybu for thirty_(30) workdays without
pay, from y0ur position as Lieutenant at North Operations Station 1, Miami-Dede Schools Police .

Department at the Board meeting of July-17, 2013.

This is your 'of?clal notification that you must not report to any work location from
July 18, 2013 through August 28, 2013. You are to report to North Operations Station 1. Miami-

. Dede Schools Police Department on August 29, 2013.

You have waived, in writing, your right to an administrative hearing.

Any questions regarding this matter may be addressed to the Of?ce of Professional Standards at

(305) 095-7007.

AMR: dco
L-OOGB .

cc: Mr. Alberto M. Carvalho
School Board Attorney
Ms. Enid Weisman
Mr. lan Mo?ett
Mr. Gerald D. Kitchell
School Board Clerk

. . Sincerely, . .
M: Keel/co; 6?40-

. Ana M. Rasco. 
Administrative Director

SENT CERTIFIAD RETURN RECEIPT
REQUESTED, FIRST CLASS MAIL

Office of Professional Standards - 155 Northeast 15'" Street - Suite P402 . Miami, FL 33132
305-995-7120 . 305-995-7329 (FAX) 

 

- 

 

nut-?tr"

 

 

Superintendent of Schools
Alberto M. Carvalho

  

- :f'jgivmg our students the world

Miami?Dede County School Board

Perla Tebares Hanlman, Chair
Dr. Martin Kano, Vice Chair

Dr. Dorothy Bendross-Mindingall

Susie V. Castillo.

Carlos L. Curbelo

Dr. Lawrence S. Feldman

Dr. Wilbert "Tee? Holloway

16' 2013 Dr. Marta Perez
- Raquel A. Raga/ado

Mr. Steven F. Tarrago
North Operations Station 1
Miami-Dada Schools Police Department

Dear Mr. Tarrago:

This is to notify you that the Superintendent of Schools wilt be recommending to The School
Board of Miami-Dada County. Florida, at its scheduled meeting of July 17, 2013, that the School
Board suspend you without pay from your current position as Lieutenant at North Operations
Station 1, Miami~Dade Schools Police Department, for thirty (30) workdays, effective July 18,
2013, for just cause, including, but not limited to: improper conduct/procedures; violation of
Miami-Dede Schools Police Department (M-DSPD) Standard Operating Procedures (SOP) 5.2,
Personalized Police Vehicle Program, SOP 11.1, Communications, and SOP 13.1, Standards of
Conduct; and School Board Policies 4210, Standards of Ethical Conduct, and 4210.01, Code of
Ethics. This action is taken in accordance with Sections: 1001320.), and 447.909,

Florida Statutes.
You have wait/ed, in writing, your right to an administrative hearing.

This is your notice pursuant to Florida Statute 1012.31 that the documents and materials
contained in your investigative file and in the Office of Professional Standards are a public
record and will become available for inspection by the public ten days from receipt of this iotter.
Any request made by the public for the documentation referred to above will be provided in

accordance with the laws of the State of Florida;

if the School Board accepts (or approves) the Superintendent's recommendation, you will be
notified of the School Board's action.

Sincerely,

?aw, 

Ana M. Rasco, 
. Administrative Director
AMR:dco
L-0067 - 

cc: lts?rhAlbeBrto kgACarvaiho 
00 car ttorney 

Ms. EnId Weisman 
Mr. Ian Moffett Signature AcknoWieder'xreceipt Date

Mr. Gerald D. Kitchell

Of?ce of Professional Standards - 155 Northeast 15'? Street - Suite P-102 - Miami, Fl. 33132
305-995-7120 - 305-995-7329 (FAX) - -

 

 

 

 

 

July 16, 2013

Dr. Ana M. Rasco, Administrative Director
Office of Professional Standards

155 NE. 15 Street, Suite P-102

Miami. Florida 33132

Dear Dr. Rasco:

It is my understanding that i am being afforded the option of a 30 work?day suspension
without pay, in lieu of dismissal. hereby agree to accept the 30 work-day su3pension and
waive my rights to both an administrative hearing and meeting prior to School Board

action.

in addition, I agree, out of my own volition. to execute the attached Last Chance
Agreement.

My agreement to accept this suspension and Last Chance Agreement is not the product of
duress, coercion or undue influence. Furthermore, have entered into these agreements of

my own free will.

If approved by School Board action on July 17. 2013. this suspension wiil commence on
July 18, 2013 and end on August 28, 2013. i will return to work on August 29, 2013.

Shasta

ven rag??I/gugmnt

North Operations

7/4/6?

Witness}L Date

  
 

 

 

liNliiSE?iTE BDOPER

mom Public. Stain 01 Florida

any comm minim Jan. 4. 21m
010059250110. 

tinnririd tun: Arthur J. Gallagher 1% Go



 

 

 


I

 

 

 

 

 

 

 

LAST CHANCE AGREEMENT

On this 25 day of July, 2013, out of my own volition. i have agreed to the terms of,
and have executed this Last Chance Agreement, which provides, among other things.
that I will immediately tender my resignation or be terminated without further recourse
and without the opportunity for a final hearing in the event that it has been determined
through a complete investigation. which ensures the provisions of the Florida Law
Enforcement Officers Bill of Rights, and which provides proper due process, if it is
determined that have engaged in the same or similar conduct as that which is currently
at issue as violations of policy and which has resulted in this agreement. The
aforementioned conduct, which will result in the termination of employment without
further recourse, is more specifically described as follows: leaving work prior to the
conclusion of my workday without authorization; leaving my assigned work location
without authorization and; and using the Schoois? Police issued vehicle for personal
matters andlor after work hours. Furthermore, only conduct occurring after the effective
date of this document will be actionabie as falling under the ambit of this document
Accordingly, in addition to the foregoing, i aiso hereby agree to the following:

1.. i will be subject to a 30 work-day suspension without pay for the period
commencing on July 18, 2013 and ending on August 28, 2013.

2. The execution of this Last Chance Agreement resolves any and all outstanding
issues relating to this matter.

 

 

 

 

 
   

 

Employee's systole Date/
(i321 Vi 7/45/i 

Witness A . they rut-5c. State at noun Date

.5: Lawn. biplras June 6. 2017
- No. ii=250i2

?omied thru Arthur J. Gallagher 8: Co.

 

 

 

 

 

 

 

 

 

I 

INTERNAL AFFAIRS
COMPLAINT RECEIPT AND REFERRAL FORM
LEAD SHEET

"i

SCHOOLS POLICE DEPARTMENT

 

 

INCIDENT INFORMATION CASE NUMBER: 12~010

  

 

 

   

  

 

 

 

 

  

 

 

 

 

 

 

Date of . .

incident: 01'07?1 3 Day. Mon Time. 3.09 pm

Date 0147-13 Day' Thur Imo- 12-00 
Received: - . . 

 

     

 

  

 

   

  

 

 

I Target Date: I

 

 

 

94?174 3

I Day: I

Wed I

Time: I

12:00 pm - I

   

 

 

 

Weaver
Date:

07?1 7-13

 

Day:

Wed

Time:

 

    

12:00 pm

  

 

 

 

 
 
 

 

Location
(School):

  

 

NIA

Location Street

Address:

 

NIA

    

 

 

 

 

 
 

 

  

Allegation:

 

 

 

Improper Conduct/Policy 
Procedure Violation

 

 

Person(s)

 

Receiving:

Sgt.

Hodges

 

    

 

 



 

  

 

 

 

 

EOMPLAINANT ENFORMATIONI

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complainant?s Race! Date of
Name: Carlos Fernandez Sex: Birth: exempt
Place of M-DSPD Business 6100 NW. 2?cl Avenue
. Business: Address: Mlaml, Florida 33127 .
Address:
CithStatelZIP
Home Business r' .
Telephone: Telephone/Ext: 3004574708 Cellular. 
. Street Address
Paren?Guardlan. NIA NIA
Home Business 
Telephone: NIA Telephone/Ext: NIA Cellular. NIA
Complainant Yes No Police Case I A Citation A
Arrested? [j Number: Number:
Complainant Yes No 
Incarcerated? [j if 80, Where? NIA

 

 

 

 

 

 

 

 

Page 1 of 3

ANN EX-A

 

 

 

. -. 

 

 

 

INFORMATIONI

ii" r?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name: Steven Tarrago Em pl. #1 DOB: Exempt 1:213: 
Assigned North .7 Non- .
Station: Operations Sworn Sworn Duty Assignment. Lieutenant

 

 

 

 

 

 

 

 

 

 

 

hater CASE 

 

 

Narrative:

 

On Thursday, January 17, 2013 the internal Affairs Unit received a complaint
regarding Lt. Steven Tarrago. According to the complainant, Capt. Carlos
Fernandez, on January 7, 2013, at approximately 3:00 pm. in the afternoon,
Lt. Tarrago's department issued vehicle was observed parked at his home
address during his duty hours. Captain Fernandez contacted Lt. Tarrago to
verity if he was at home, to which Lt. Tarrago responded that he was at work,
on the road, in North Operations and that perhaps it Was a similar vehicle or
work truck that was parked at his noose. After several phone calls between
Capt. Fernandez and Lt. Tarrago, he finally admittedthat it was his vehicle

parked at his home.

Captain Fernandez is concerned that Lt. Tarrago provided false information
regarding his whereabouts during his duty hours. He abandoned his assigned

area of operation without supervisor approval. According to Captain
Fernandez, Lt. Tarrago has been disciplined before for similar conduct
Including inappropriate use of his department issued vehicle. Captain
Fernandez is concerned because there appears to be a pattern of similar
behavior. He is requesting an Internal Affairs investigation into L1: Tarrago's
recent work trends. Captain Fernandez?s allegations are potential violations of
State Law. Department Standard Operating Procedures, and Department

Policy.

 

Page 2 of 3 ANNEX-A

 

 

REVIEWED BY:

 

Sergeant: 1; QM 6L)
Commander: QM

GIDIA

CASE ASSIGNED TO:
DETECTIVE:

Date: 

Date: 3 19:12.

 

 

FINAL APPROVAL:

Chief of Police: JM 



Page 3 of 3

 

AN EX-A

 

 

 

 A 
Apri122, 2013
GDK1305-757-7708

TO: Steven Tarrago, Lieutenant, North Operations
Miami-Dede Schools Police Department

Woe?

FROM: Gerald D. Kitcheli.'Acting Chief
Miami-Dede Schools Police Department

SUBJECT: NOTIFICATION OF COMPLAINT CLOSURE

This is to notify you that a complaint was made listing you as the ubject. After a fact-
finding investigation was completed by the internal Affairs Unit, i was determined the
complaint should be classi?ed as indicated below.

The investigation under case iA#12-010, for the allegation of IMPROPER
CONDUCTIPROCEDURE, has been completed. if you wish to review the complaint
contact the internai Affairs Unit at (305)995-7703.

CLASSIFICATION DISPOSITION .

PERSONNEL El MEMO TO FILE
GENERAL El 

l.A. INVESTIGATION I NOT SUSTAINED
CIVIL DIVERSITY EXONERATED
SHOOTING INVESTIGATION Ci UNFOUNDED



PROPOSED DEPARTMENTAL ACTION SOUGHT

Termination

zaoaa

vases
Iii-3

80:2 bid 

EMP SIGNATURE DATE

  

A
:10 3



?G?ri?u' 31


?0

6'3





 

 

 

.- 

 

 

MEMORANDUM 
January 17. 2013



TO: Dermot Horgan, Acting Major
Miami-Dad Schools Poiice Department
FROM: Edwin Lopez, Commander, internal Affairs Unit

Miami-Dads Schools Police Department

SUBJECT: EMPLOYEE (WITNESS)
lA #12010

An Investigation is being conducted by the internal Affairs Unit regarding a complaint
that has been filed against a member Of the department. You are listed as a witness in
this investigation. You are ordered to render a formal statement and any relevant
documentation to Sergeant Lourdes Hodges.

Furthermore, you are hereby ordered not to discuss this internal Affairs investigation
with anyone except the assigned investigator prior to the completion of the case. Any
violation of this order will result in disciplinary action. In addition, witnesses in a
complaint shall refrain from:

Independently participating in the investigation.

Being present during any investigative contact with the complainantis) witnesses.
Contacting the Complainant's witnesses concerning the allegations.

Disclosing Or discussing the existence of facts of a complaint with anyone except
designated authorities conducting the investigation.

ewwe

Nothing in these procedures shall be construed to prohibit an employee from discussing
any aspect of a complaint with his/her attorney or bargaining unit representative.

Department Rule, 2.200.70, Employees shall answer or
render material and relevant statements to the designated Departmental authority when
so directed. Employees shall answer all questions honestly, completely, and to the best
of their ability. No employs shall, in any manner, interfere with an internal [affairs]
investigatlo . EXcept as hon?zed orrequired, an employee shall not contact persons
involved in internal [eff s] investigation.

   

1 Date Received 1 l4 ?9

 

 

 

 

 

 

 A QM 3#022
January 17, 2013



TO: Alejandro Palacio, Sergeant
Miami?Dede Schools Police Department



FROM: Edwin LOpez, Commander, Internal Affairs Unit
Miami-Dede Schools Police Department

SUBJECT: EMPLOYEE NOTIFICATION (WITNESS)
IA #12-010

An Investigation is being conducted by the Internal Affairs Unit regarding a complaint
that has been ?led against a member of the department. You are listed as a witness in
this investigation. You are ordered to render a formal statement and any relevant
documentation to Sergeant Lourdes Hodges.

Furthermore. you are hereby ordered not to discuss this lntemal Affairs investigation
with anyone except the assigned investigator prior to the completion of the case. Any
violation of this order will result in disciplinary action. In addition, witnesses in a
complaint shall refrain from:

Independently participating in the investigation

Being present during any investigative contact with the complainant(s) witnesses.
Contacting the complainant?s witnesses concerning the allegations.

Disclosing or discussing the existence of facts of a complaint with anyone except
designated authorities conducting the investigation



Nothing in these procedures shall be construed to prohibit an employee from discussing
any aspect of a complaint with his/her attorney or bargaining unit representative.

Department Rule, 2.200.70, INTERNAL INVESTIGATION: Employees shall answer or
render material and relevant statements to the designated Departmental authority when
so directed. Employees shall answer all questions honestly, completely, and to the best
of their ability. No employee shall, in any manner, interfere with an internal [affairs]
investigation. Except as authorized or required, an employee shall not contact persons
involved in an lnterna/l airs] investigation.

Signature I .Date Received I7 20/3



 

 

 



 

 

 EMORAND UM 

January 30, 2013

TO: Steven Tarrago, Lieutenant, North Operations
Miami-Dede Schools Police Department



FROM: Edwin Lopez, Commander, Internal Affairs Unit E3 3%
Miami-Dede Schools Police Department 
if. 
. . 232; ?3
SUBJECT: . NOTIFICATION OF COMPLAINT 3:33; 38::
CASE 12-010 ?is"
332;; 
NAME Carlos Fernandez Captain rs
Miami Dade Schools Police Department; g3;

NATURE or THE COMPLAINT: Improper Conduct/Procedures 

SPECIFIC ALLEGATION:

On Thursday, January 17, 2013, the internal Affairs Unit (IAU) received a complaint
regarding you. According to the complainant. Captain Carlos Fernandez, on January 7,
2013, at approximately 3:00 pm. your department issued vehicle was observed parked
at your residence during duty hours. Captain Fernandez stated that he contacted you to
verify if you were at home, to which you responded that you were at work and on the
?road" in North Operations and that perhaps, it was a similar vehicle or work truck
parked at your house. Capt. Fernandez stated that after several phone calls between
the both of you, you ?nally admitted that it was your vehicle parked at your home.

Captain Fernandez stated that he is concerned that you provided false information
regarding your whereabouts during your duty hours, and you abandoned your assigned
area of operation without supervisor approval. According to Captain Fernandez, you
have been previously disciplined for similar conduct including inappropriate use of his
department issued vehicle. Captain Fernandez acknowledged that he is concerned
there is a pattern of similar behavior in your recent actions. He is requesting an internal
Affairs investigation into this incident and your recent work trends. Captain Fernandez?s

allegations are potential violations of State Law, Department Standard Operating
Procedures, and/or Department Policy.

An investigation is being conducted by the Internal Affairs Unit reference the above
allegation. You have been named as a subject in this complaint. You are hereby
ordered not to discuss this Internal Affairs investigation with anyone except your

representative prior to the completion of the investigation. In addition, subject
employees are to refrain from:

Initial@/

Page 1 of 2

 

 

independently participating in the investigation.
2. Being present during any inVestigative contact with the complainant(s)

witnesses.
Contact with the complainant?s witnesses concerning the allegations.
Disclosing or discussing the existence or facts of a complaint with anyone except

designated authorities conducting the investigation.





Any violation of this order may result in disciplinaryaction. Please contact the Internal
Affairs Unit Commander within five (5) business days of receipt of this memorandum to

schedule an appointment.
Department Manual 2.200.70 INTERNAL states:

"Employees shall answer or render material and relevant statements to the designated
Departmental authority when so directed. Employees shall answer all questions
honestly, completely, and to the best of their ability. No employee shall, in any manner,
interfere with an internal investigation. Except as authorized or required, an employee
shall not contact persons involved in an internal investigation.?

All statements. regardless of form. provided by a law enforcement officer or correctional
of?cer during the course of a complaint investigation of that officer shall be made under
oath pursuant to 8.92.525. Knowingly false statements given by a law enforcement
officer or correctional officer under investigation may subject the law enforcement officer
or correctional officer to prosecution for perjury.

Per Florida State Statute 112. 532 and 112.533 POLICE OFFICER OF RIGHTS
you have the right to be represented by counsel or any other representative of your
choice. You may ur representative with you when you appear for your formal

   
 

 

 

statement

57/0?
Signatuk?in?recet? of Complaint Notification Date
EL/lh

Page 2 of 2

 

MEMORANDUM February15.2013

 

TO: Edwin Lopez' Commander. Internal Affairs Unit
Miami-Dede Schools Police Department

FROM: Lourdes Hodges. Sergeant, Internal Affairs Unit
Miami-Dada Schools Police Department

. N)
SUBJECT: INTERNAL AFFAIRS 3: 
lA#12-010 
351-2 :0
1,
COMPLAINANT: Carlos Fernandez, Captain 
6100 NW Avenue 31:. *0
Miami, FL 33127 3; f:
305-757-7700 :3 .
ALLEGATION: Improper Conduct/Procedures 
OCCURRED: January 7, 2013
EMPLOYEE: Steven Tarrago, Lieutenant, North Ops. WM
6100 NW 2ND Avenue DOB: EXEMPT
Miami, FL 33127 EXEMPT
305-757-7708
WITNESSES: Dermot Hor an, Acting Major 
6100 NW 2 Avenue DOB: EXEMPT
Miami, FL 33127 EXEMPT

305-757-7708

Alejandro Palacio, Sergeant, North Ops. 

6100 NW 2ND Avenue DOB: EXEMPT
Miami. FL 33127 EXEMPT
305-757-7708

 

I.

INTERNAL AFFAIRS 2
Steven ,Tarrago

ALLEGATIO N:

On Thursday, January 17, 2013, the internal Affairs Unit (IAU) received a
complaint regarding Lieutenant Steven Tarrago. According to the complainant,
Captain Carlos Fernandez, on January 7. 2013, at approximately 1500 hours
Lieutenant Tarrago's department-issued vehicle was observed parked at his home
residence during duty hours. Captain Fernandez stated that he contacted
Lieutenant Tarrago to verify if he was at home, to which Lieutenant Tarrago
responded that he was ?at work, on the road," in North Operations and that,
perhaps it was a similar vehicle or work truck that was parked at his house.
Captain Fernandez stated that after several phone calls between himself and
Lieutenant Tarrago, he finally admitted that it was his vehicle parked at his home.

Captain Fernandez advised he is concerned that Lieutenant Tarrago provided
false information regarding his whereabouts during his duty hours, and that
Lieutenant Tarrago abandoned his assigned area of operation without supervisor
approval. According to Captain Fernandez, Lieutenant Tarrago has been
previously disciplined for similar conduct, including inappropriate use of his
department-issued vehicle. Captain Fernandez explained that he is concerned
that there is a pattern of similar behavior in Lieutenant Tarrago?s actions. Captain
Fernandez is requesting an Internal Affairs investigation into this incident and
Lieutenant Tarrago's work trends. Captain Fernandez's allegations are potential
violations of State law, department standard operating procedures, and District

policy.
NARRATIVE:

On Thursday, January 17, 2013, Acting Major Dermot Horgan provided a sworn
statement at Miami-Dede Schools Police Department Headquarters.

Acting Major Horgan said that on January 7, 2013, Acting Chief Kitcheii asked him
to check on the welfare of a co-worker who was at Kendall Regional Hospitai.
Acting Major Horgan stated that while driving southbound on the Turnpike at
approximately 1500 hours, he coincidentally noticed Lieutenant Tarrago's vehicle
parked at his home. Acting Major Horgan explained that he is familiar with
Lieutenant Tarrago?s home, which is clearly visible from the Turnpike. At that
point, Acting Malor Horgan recalled he had to speak with Captain Fernandez on
an unrelated matter and decided to cali Captain Fernandez. Acting Major Horgan
explained that Acting Chief had requested all personnel be in uniform and
visible at school sites, especially on the first day back from the winter recess
because of the recent tragedy at Sandy Hook Acting Major Horgan said he was
not sure if Lieutenant Tarrago was on leave, so he asked Captain Femandez if
Lieutenant Tarrago was working. Captain Fernandez informed him that Lieutenant
Tarrago was indeed working. Acting Major Horgan explained to Captain
Fernandez that he had just seen Lieutenant Tarrago?s vehicle parked at his house.
Acting Major Horgan said he asked Captain Fernandez to contact Lieutenant
Tarrago and verify if he was in fact working or at home. Shortly after, Captain

 

um

 

 

 

INTERNAL AFFAIRS 3
Steven Tarrago

Fernandez called him back and informed him that Lieutenant Tarrago stated he
was at work in North Operations, which is a considerable distance from Lieutenant
Tarrago?s home. Captain Fernandez further informed him that Lieutenant Tarrago
said it was not his vehicle but possibly a work truck belonging to someone doing
construction at his home residence. Upon hearing this. Acting Major Horgan
exited the Turnpike Southbound and re-entered Northbound. Acting Major Horgan
stated he wanted to make sure it was Lieutenant Tarrago's vehicle because he
didn?t want to have any misunderstandings about calling Captain Fernandez if in
fact it was not Lieutenant Tarrago's vehicle. Acting Major Horgan stated that as he
drove Northbound . he looked toward Lieutenant Tarrago's home and was able to
see Lieutenant Tarrago?s Department issued vehicle with an identifiable bike rack
attached. He contacted Captain Fernandez again. informed him that he was
certain it was Lieutenant Tarrago's vehicle, and asked him to contact Lieutenant
Tarrago and re-verify if he was at home. According to Acting Major Horgan,
Captain Fernandez called him a few minutes later and again stated Lieutenant
Tarrago denied his car was at his home residence and reiterated to Captain

Fernandez that he was working in North Operations.

Acting Major Horgan stated he then drove to Lieutenant Tarrago's home residence
and confirmed it was Lieutenant Tarrago?s vehicle. He contacted Captain
Fernandez and informed him that Lieutenant Tarrago was lying. Acting Major
Horgan asked Captain Fernandez to call Lieutenant Tarrago and confront him with
the truth. Several minutes later, Captain Fernandez returned his call and advised
that Lieutenant Tarrago finally admitted, after the third phone call, that his vehicle
was at his home residence. Captain Fernandez told him that Lieutenant Tarrago
explained that he was not at his home, although his vehicle was. Captain
Fernandez further advised that Lieutenant Tarrago said he had some sort of
emergency situation and had left with his wife.

Acting Major Horgan stated he ls concerned because he has counseled and
reprimanded Lieutenant Tarrago on similar issues in the past. He is also
concerned that Lieutenant Tarrago?s vehicle was at his home at approximately
1500 hours, and his transfer time is 1630 hours. He is very concerned that
Lieutenant Tarrago lied about having his vehicle parked at his home. He told
Captain Fernandez that they would have to address this issue. Acting Major
Horgan indicated there were no other witnesses and he provided no further

information.

On Thursday, January 17, 2013. Sergeant Alejandro Paiacio provided a sworn
statement at Miami-Dada Schools Police Department Headquarters.

Sergeant Paiacio stated he received a call from Captain Fernandez at

approximately 1530 hours. According to Sergeant Paiacio, Captain Fernandez

asked him to verify the status of Lieutenant Tarrago on the Computer Aided

Dispatch (CAD) system. Sergeant Paiacio said that at the time he ch

CAD, Lieutenant Tarrago "showed" on an out-of-service signal ?10" MW
his home address. According to Sergeant Paiacio, Lieutenant

  

 

 

INTERNAL AFFAIRS 4
Steven Tarrago

Tarrago took that signal at 1527 hours. Sergeant Palacio stated he had no further
discussion with Captain Fernandez and had no additional information.

Based on the allegations the IAU reviewed Lieutenant Tarrago's Daily Activity
Reports (DAR), the North Operations Strength Reports and Sunpass Transponder
Activity forthe period of Decemberi 2012, through January 31, 2013. After careful
examination of Lieutenant Tarrago?s transponder activity, it was determined that
Lieutenant Tarrago's vehicle was at the US41- 8?h Street Exit (which is the closest
exit to his home) on the day of the incident 2:32 pm, and on numerous occasions
during the observed period, prior to the end of his shift. A comparison was done
using Lieutenant Tarrago?s CAD daily activity reports (DAR) and Sunpass
Transponder activity reports. it appears that Lieutenant Tarrago left his assigned
work area, North Operations, numerous times during the two month period:
however, there are no corresponding signals on the CAD Lieutenant Tarrago
shows "09" in service on the CAD when his vehicle's Sunpass Transponder is
alerting at the toll plaza on 0541- Street. It was also noted that Lieutenant
Tarrago' 3 vehicle was being used on days and at hou?rs when Lieutenant Tarrago
was not on duty, such as on Saturdays and Sundays, and in the evenings. Again,
there are no Corresponding signals on the CAD to indicate that Lieutenant Tarrago

was working at the time.

On February 15, 2013. Lieutenant Steven Tarrago provided a sworn statement at
Miami- Dade Schools Police Department Headquarters. Also present was
Commander Edwin Lopez, Miami- Dade Schools Police and Daniel S. Rakofsky,

Attorney, representing Lieutenant Tarrago.

Lieutenant Tarrago and his representative were afforded an opportLInity to review
the investigative file and accompanying documents prior to the interview.
Lieutenant Tarrago was advised of his rights and responsibilities. He provided the

following information.

Lieutenant Tarrago stated he has been employed with the for
approximately 24 years. Lieutenant Tarrago verified his current assignment is North
Operations Lieutenant with avschedule of Monday through Friday, and duty hours of
0830 to 1630 hours. Lieutenant Tarrago explained the area he superviSes
encompasses Miami Beach to the northeast with the Hialeah area being the
southernmost point. Lieutenant Tarrago further verified his immediate supervisor is
Captain Carlos Fernandez. Lieutenant Tarrago stated Captain Fernandez is very
?laid back? and they have a very good relationship. Lieutenant Tarrago further
stated he was surprised by Captain Fernandez?s allegations because he would have
thought Captain Fernandez would have addressed the issues directly with him.
According to Lieutenant Tarrago, Captain Fernandez has never indicated he had
any concerns with Lieutenant Tarrago's work trends. On the contrary, according to
Lieutenant Tarrago, Captain Fernandez has told him on numerous occasions that

his is pleased with his work performance.

 

 

 

 

 

INTERNAL AFFAIRS
Steven Tarrago

Lieutenant Tarrago explained that due to Captain Fernandez?s management style,
no one, to his knowledge, in North Operations performs routine or random audits of
the daily activity reports (DAR) that are used by employees from the rank of
lieutenant down to officer in the Department. Lieutenant Tarrago, however, does
agree that without routinely checking the DARs, there is no way to dispute any
possible discrepancies. Lieutenant Tarrago therefore, agreed that the DAR is an
acceptable accounting practice of an employee's daily activities.

Lieutenant Tarrago stated that on the day of the alleged incident, January 7, 2013Central West Transportation to see if they had any spare
vehicles available. Lieutenant Tarrago explained he had flat tires and the only place
that had spare vehicles was Central West. Lieutenant Tarrago further explained he
did not notify Captain Fernandez he was leaving'his assigned area because this is a
normal occurrence since he has numerous problems with his vehicle, of which,
according to Lieutenant Tarrago, Captain Fernandez is aware. Lieutenant Tarrago
stated that, when Captain Fernandez called and asked him if' he was working, he
responded that he was ?in service as North Operations." Lieutenant Tarrago
explained that he meant he was working and he was the supervisor for North
Operations. Lieutenant Tarrago denied saying he was in North Operations and
feels that Captain Fernandez misunderstood him. Lieutenant Tarrago explained
that when Captain Fernandez told him there was a vehicle parked at his house, he
became ?alarmed? because although there was a lot of work being done at his
house, the peeple that work there do not have a vehicle like his. Lieutenant Tarrago
stated he told Captain Fernandez he was going to drive to his house because he
was very concerned to know who was at his house. Lieutenant Tarrago stated he
believed there may have been a miscommunication between him and Captain

Fernandez.

Lieutenant Tarrago advised that shortly thereafter, Captain Fernandez called him a
second time and asked him if he was at his house. Lieutenant Tarrago replied, "I'm
pulling up to my house. Yes, I?m pulling up to my house right now." Lieutenant
Tarrago further explained that Captain Fernandez called a third time and asked him
again if he was at his house. Lieutenant Tarrago stated he told Captain Fernandez
that he was at his house, and that he was going into his house and he was going to

take a signal.

Lieutenant Tarrago stated he told Captain Fernandez he was taking a signal 
out of service, on the CAD indicating where he was. Lieutenant Tarrago further

stated he couldn't understand the miscommunication.

Lieutenant Tarrago verified his vehicle identi?cation number and said, "The only
people that would drive my vehicle that i would know?about is someone in the
or if i am going to drive another car, because we are doing some type
of proactive detail." Lieutenant Tarrago also advised he works a great deal of extra
duty/overtime details and that he normally checks in on the CAD with a "59" extra
duty signal. However, Lieutenant Tarrago could not recall if he worked an extra duty
assignment on the day of the incident. Lieutenant Tarrago could not explain why his

 

 

 

 

ii 

INTERNAL AFFAIRS
Steven Tarrago

6

vehicle was at the Bird Road southbound toll plaza at 5:28 pm. on the clay of the
incident. Lieutenant Tarrago denied any officer ever coming to his home residence

to borrow his police vehicle.

Lieutenant Tarrago explained that during his regular duty hours, he has many
responsibilities. Lieutenant Tarrago stated sometimes he is with the Honor Guard,
training, or in a meeting. However, Lieutenant Tarrago could not recall the last time
he performed any of the previous activities mentioned. Lieutenant Tarrago could
not explain why he did not change his signals to reflect his daily activity as?opposed
to remaining in service, all day. Lieutenant Tarrago did not explain why his
DAR and the activity recorded by the transponder on his vehicle did not match.
Lieutenant Tarrago could not recall his activity on any given day and couid not
explain the transponder activity. Lieutenant Tarrago reiterated that he works a lot of
extra duty assignments in different areas of the county and on different days.

Lieutenant Tarrago stated he has ongoing issues with his vehicle and goes to
Central West frequently; however. he could not recall any specific dates.

Lieutenant Tarrago stated that on the day of the alleged incident. he was en-route to
Central West Transportation to ?see if they had a spare," because his vehicle had
fiat tires. Lieutenant Tarrago did not inform Captain Fernandez that he was leaving
his assigned area. Lieutenant Tanago stated he received a phone call, on the way
to Central West Transportation, from Captain Fernandez questioning his
whereabouts. Lieutenant Tarrago stated he told Captain Fernandez that he was in
service, ?as North Operations" and that Captain Fernandez misunderstood him.
Lieutenant Tarrago further added that he then told Captain Fernandez he was going
home to verify whose vehicle was parked at his home residence. Lieutenant
Tarrago stated Captain Fernandez misunderstood him again. According to
Lieutenant Tarrago. the incident was a miscommunlcation between him and Captain

Fernand e2.

Regarding Captain Fernandez?s concerns of Lieutenant Tarrago's work trends,
based on Lieutenant Tarrago's statement, he failed to accurately depict his daily
activities in the CAD for the time period of December 1, 2012 through January 31,
2013. On numerous days, Lieutenant Tarrago shows in service when his
vehicle transponder indicates his vehicle is at the US41- 8th Street Exit, which is not
located in his assigned area of North Operations. Lieutenant Tarrago offered that
there are problems with the CAD not working and with the dispatchers being on sick
leave, and that he has ongoing issues with his vehicle. Lieutenant Tarrago further
stated he has various duties during the day; however, he also stated he doesn't
always change his signals appropriately. When shown his DAR, Lieutenant Tarrago
could not recall or confirm any of his activities on any of the days in the observed
time period. Lieutenant Tarrago affirmed no one borrows his vehicle after hours, but
could not explain why his Department vehicle Is being driven every night during the
observed time period after his regular duty hours and frequently on weekends.
Lieutenant Tarrago stated he works a lot of extra duty/overtime details; however. his

DAR does not corroborate his statement.

 

 

 

 

 

 

i i

INTERNAL AFFAIRS 7
Steven Tarrago

INVESTIGATIVE FACTS:

. On January 7, 2013. Lieutenant Tarrago's vehicle was seen parked at his
home residence during his regular duty hours (0830 1630 hours)

. Captain Fernandez stated Lieutenant Tarrago initially denied that his vehicle
was parked at his home residence.

. After three (3) phone calls from Captain Fernandez, Lieutenant Tarrago
admitted it was his vehicle parked at his home residence.

0 Because Lieutenant Tarrago initially provided faise information Captain
Fernandez' Is concerned that Lieutenant Tarrago abandoned his assigned area

of operation without supervisor approval.

- Lieutenant Tarrago has been previously disciplined for similar conduct'
involving inappropriate use of his Department issued vehicle.

. Captain Fernandez is concerned there is a pattern of irreSponsible behavior
involving Lieutenant Tarrago and requested that the conduct an
investigation into the incident that took place on January 7, 2013, along with his

recent work trends.

. A 2 month sampling of Lieutenant Tarrago's vehicle Sunpass transponder
activity was obtained by the IAU (December 1, 2012 - January 31, 2013).

During the two month period. Lieutenant Tarrago worked 34 days according to
the DAR. According to Lieutenant Tarrago's Sunpass transponder recorded
activity, he vacated his assigned area. North Operations 28 days during his

regular duty hours in the two month period.

The majority of the times. according to the Sunpass transponder, Lieutenant
Tarrago vacated his assigned area several hours before the end of his shift.

The DAR does not accurately depict Lieutenant Tarrago's actual physical
location In these incidents (see case tiie).

0 Numerous discrepancies and inconsistencies exist when comparing Lieutenant
Tarrago?s DAR, strength reports, and Sunpass activity (see case file).

. Lieutenant Tarrago faiied to notify his SUpervisods) when he would vacate his
assigned area

. Lieutenant Tarrago failed to update his CAD to indicate his correct signai,
assignment, and location.

 

 

ii

INTERNAL AFFAIRS 8
Steven Tarrage

During the observed time period. Lieutenant Tarrago'e Department issued
vehicle was used on numerous days that he did not work, specifically eight (8)
Saturdays, two (2) Sundays, and one holiday. There is no correSponding
CAD activity on the DAR (see case file).

Lieutenant Tarrago could not explain why there is Sunpass transponder activity
for his vehicle on days, evenings, and weekends in which he did not work.

 

 

 

 EMORA ND UM 
March 11,2013

ELI3.05-995-7703

TO: Arnie Weatherington, Major, District Security and Fingerprinting
Miami?Dede Schools Police Department

Mp

FROM: Edwin Lopez, Commander, Internal Affairs Unit
Miami-Bade Schools Police Department

SUBJECT: DEPARTMENT DISPOSITION PANEL

You have been selected to participate as a member of the Department
Disposition Panel to review the following investigations involving:

- Lieutenant Steven Terrago - Improper Conduct/Procedures (lA# 12-010)

The DESposition Panel will convene at 0:900 em. in the Headquarters Building
conference room on Tuesday, March 12, 2013.

ELllo
0: Gerald D. Kitchell, Acting Chief

 

 

 

 

 0 RA . 
March 11, 2013



TO: Evelio Rodriguez, Major, investigative Division
Miami-Dede Sohoois Police Department



FROM: Edwin Lopez, Commander. internal Affairs Unit
Miami?Dads Schoois Police Department

SUBJECT: DEPARTMENT DISPOSITION PANEL

You have been selected to participate as a member of the Department
Disposition Panei to review the following Investigations involving:

- Lieutenant Stephen Tarrago - Improper Conduct/Procedures (iA# 12-010)

The Disposition Panel wit] convene at 0:900 am. in the Headquarters Building
conference room on Tuesday, March 12, 2013.

EUR:
0: Gerald D. Kitchell, Acting Chief

 

 

 

MEMORANDUM 
March 11, 2013



TO: Raul Correa, Acting Captain, South Operations
Miami?Dade Schools Police Department

FROM: Edwin Lopez, Commander, internal Affairs Unit
Miami?Dede Schools Police Department

SUBJECT: DEPARTMENT DISPOSITION PANEL

You have been selected to participate as a member of the Department
Disposition Panel to review the following investigations involving:

a Lieutenant Steven Tarrago - Conduct/Procedures (lA# 12?010)

The Disposition Panel will convene at 0:900 am. in the Headquarters Building
conference room on Tuesday, March 12, 2013.

EL/lo
0: Gerald D. Kitcheli. Acting Chief

 

 

 

 

 13#029

MEMORANDUM
Aprii 9, 2013

TO: Gerald Kitcheil, Acting Chief
Miami-Dado Schools Police Department cs
FROM: Edwin Lopez. Commander, internal Affairs Unit gg
Miami-Dede Schools Police Department 33
SUBJECT: DISPOSITION OF PANEL FINDINGS :21 
LEIUTENANT STEVEN TARRAGO 
CASE iA#12-010 - 3 
on

A Disposition Panel consisting of the members listed below convened on March 12,
2013, to determine a disposition for the allegation made against an employee of Miami-
Dade Schools Police Department. The following represents the findings of the panel:

I. ALLEGATION:

On Thursday, January 17, 2013, the Internal Affairs Unit received a complaint
regarding Lieutenant Steven Tarrago. According to the compiainant, Captain Carlos
Fernandez, on January 7, 2013, at approximately 1 500 hours Lieutenant Tarrago's
Department issued vehicle was observed parked at his home residence during duty
hours. Captain Fernandez stated that he contacted Lieutenant Tarrago to verify if he
was at home, to which Lieutenant Tarrago responded that he was "at work. on the
road," in North Operations and that, perhaps it was a similar vehicle or work truck that
was parked at his house. Captain Fernandez stated that after several phone calls
between himself and Lieutenant Tarrago, he finally admitted that it was his vehicle

parked at his home.

Captain Fernandez advised he is concerned that Lieutenant Tarrago provided false
information regarding his whereabouts during his duty hours, and that Lieutenant
Tarrago abandoned his assigned area of operation without supervisor approval.
According to Captain Fernandez, Lieutenant Tarrago has been previously disciplined for
similar conduct, including inappropriate use of his Department issued vehicle. Captain
Fernandez explained that he is concerned that there is a pattern of similar behavior in
Lieutenant Tarrago's recent actions. Captain Fernandez is requesting an internal Affairs
investigation into this incident and Lieutenant Tarrago's recent work trends. Captain
Fernandez?s allegations are potential violations of State Law, Department Standard

Operating Procedures, and District Policy.

 

a -. 

 

 

 

 

 

 

IV.



DISPOSITION: Based on the evidence gathered during this investigation,
the allegation of IMPROPER PROCEDURE Is SUSTAINED.

 

 

OTHER FINDINGS: 
POLICY AND PROCEDURAL CONCERNS: 
RECOMMENDATIONS: The PANEL recommends that Lieutenant Steven

 

Tarrago be TERMINATED for violating Standard Operating Procedures (SOP)
5.2, Personalized Police Vehicle Program, speci?cally ll (A), VII (A), Prohibited
Activities; SOP 11.1. Communications. specifically lX, Sworn Personnel Duties
and Responsibilities, and Standard Operation Procedures 13.1. Standards of
Conduct, specifically, Il, Personal Conduct and General Conduct

and Responsibilities, 

DISCIPLINE: TERMINATION

 

 

 

 

Dis position Panel


?22243;

Evelio Rodri uez, Major, 3] Chairperson



Arnie Weatherington Major, Panel Memb 

.

Raul errea, Acting Capiain. Panel Member

 

 

 

 

 

Saperintendent of Schools Miami?Dado County School Board
Al'ben?o M, Carveiho Pena "laborer; Hantman, Chair
Dr. Lawrence S. Fotdman, Vice Chair

Dr Dorothy 
Carlos L. Cur'bclo

Renter Diaz de la Porti?o

Dr. erbon? 

Dr Martin Karp

Dr. Marta Perez

RaquetA. Regalado

February 10. 2011

Employee 

 

Dear Mr. Weatherington:

The Miami-Dade County School Board took action to suspend you without pay for 30 workdays,
from your position as Police Major at School Board Administration Building Security. at the

Board meeting of February 9, 2011.

This is your of?cial notification that you must not report to any work location from
February 10, 2011, through March 23, 2011. You are to report to School Board Administration

Bultding Security on March 24. 201 1.
You have waived, in writing, your right to an administrative hearing.

Any questions regarding this matter may be addressed to the Office of Professional Standards
at (305) 995-7125.

Sincerely.

M. WW (57.0

Ana M. Rasco, 
Administrative Director .

AMR:dco
L-2477

cc: Mr. Alberto M. Carvalho
School Board Attorney
Mr. Freddie Woodson
Ms. Enid Weisman
Mr. Charles J. Hurley

Mr. Edwin Lopez
School Board Clerk SENT CERTIFIED RETURN RECEIPT

REQUESTED AND FIRST CLASS MAIL

Office of Professional Standards - 1500 Biscayne Blvd. 1 Suite 222 Miami, FL 33132
305-995-7120 - 305-995-7329 (FAX) . 

(-

Date; January 28. 2011

Dr. Ana M. Rasco. Administrative Director
Of?ce at Professional Standards

1500 Biscayne Boulevard. Suite 222
Miami. Florida 33132

Dear Dr. Rasca:

I hereby agree to accept the recommended 30-work clay suspension for improper
procedure and violation of School Board Rule 6Gx13- 4-5121, Responsibilities and

Duties I waive my rights to the following:

 

 

 

0 Meeting prior to Board action .
. Administrative hearing and/or arbitration proceedings 

i understand that. if approved by School Board action On February 9. 2011. this
suspension will begin on February 10. 2011. and end on March 23, 2011. i will return to
work on March 24. 2011. Furthermore, I have entered into this agreement of my own free

will.

 
 

2:232/ "31%in 

Arnie D. Weatherington

  


7

 

Wes Date

Notarized by MW 1 I 9'8 

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trout? Pucks. SL213 01mm

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CJH 12010-11#253
December 10, 2010


MEMORANDUM

Miran: ii,

run .1
I 
1?15" . .

TO: Mr. Alberto M. Carvalh098uperrnten of Schools

.Hx\

FROM: Charles J. Hurley, Chief of Polic(e\
Miami-Dede Schools Police Department

SUBJECT: DISPOSITION OF PANEL FINDINGS FOR INTERNAL AFFAIRS
CASE #10?009- IMPROPER PROCEDURE
POLICE MAJOR ARNIE WEATHERINGTON

As Chief of Police, I conducted a Disposition Panel Finding session on December
6, 2010, to determine the apprOpriate disposition for the allegation made against
an employee of the Miami-Dade Schools Police Department The

following represents my findings:

l. ALLEGATION: Arnie Weatherington, Police Major, School Board
Administration Building District Security and Fingerprinting, approved
inaccurate payroll data for a period of four months, between February 19, 
2010 June 10, 2010. This led to a former employee, Ms. Lenay
Hernandez, Police Dispatcher, being improperly compensated over seven
pay periods via direct deposit into her ?nancial institution. The total amount
of loss incurred by the District was $12,152.52.

ll. DISPOSITION: Based on the evidence gathered during this
Investigation, to include M-DSPD and Miami-Dads County Public Schools
(M-DCPS) of?cial payroll data forms and sworn statements, Major
Weatherington approved inaccurate payroll data, which led to former
employee Lenay Hernandez being improperly compensated over seven pay
periods. The total loss incurred by the District was $12,152.52. Major
Weatherington, admitted to making a mistake and stated it was
unintentional. There was no evidence to support a criminal act or intantional
wrongdoing on the part of Major Weatherington. There was no personal
gain on the part of Major Weatherington. Additionally, there was no
connection between Major Weatherington and Lenay Hernandezother than

supervisor/subordinate.

Therefore, the allegation of Improper Procedure is SUSTAINED.

QTHER FINDINGS: 

IV. POLICY AND PROCEDURAL CONCERNS: The policies and procedures
for payroll approval are clearly stipulated in the M-DCPS handbook
governing M-DCPS staff, speci?cally section 5.1 User IDs and Passwords,
which states, ?Users are responsible for all activity associated with their
user-lD.? It is imperative all administrators familiarize themselves
with the latest version of these policies: last amended November 18. 2008.



 OF PANEL FINDINGS -CASE IA 10-009 Page 2

V. BEECOMMENDATIONS: it is recommended that Major Weatherington
review all the policies and procedures governing both M-DSPD and and
that he attend the scheduled refresher training. As an administrator, Major
Weatherington must review and approve payroll data accurately. This is a vital
component for administrators and any oversight can be extremely costly.

Vi. DISCIPLINE: Based upon the ?ndings of this investigation, the extensive
number of pay periods over which the transgressions occurred and the substantial
loss to the District, i am recommending a suspension, without pay. for a period of

30 days.

 

Charles J. Hurie ief of Poiic Panel Chairperson

  
 

CJHzel

MEMORANDUM December3,2010

TO:

FROM:

SUBJECT:

COMPLAINANT:

ALLEGATION:

OCCURRED:
EMPLOYEE:

WITNESSES:

 

Charles Hurley, Chief of Police
Miami-Dede Schoois Police Department

dwirrt/opez. Commander, Internal Affairs Unit
Miami?Dade Schools Police Department

INTERNAL AFFAIRS
10-009

Charles Hurley, Chief

Miami-Bade Schools Police Department
6100 NW Avenue

Miami, FL 33127

305-757-7708

improper Procedure

- February 5, 2010 June 10, 2010

Arnie Weatherington, Major 
Miami-Dede Schools Police Dept. DOB: EXEMPT
6100 NW 2?d Avenue 

Miami, Florida 33127
305757-7708

Odalis Garces, Exec. Director Payroll 

lVliami?Dade1 County Public Schools 
1450 NE 2" Avenue #614 -

iami Fioraid 33132

Lisa Rodriquez. Sergeant WIF
Shift Commander DOB: EXEMPT
6100 NW 2nd Avenue EXEMPT

Miami, Florida 33127
305-757~7708

Carol Lisbey, Dispatcher 
1450 NE 2ml Avenue #548 DOB: 
Miami. Florida 33132 -

wow-

?um. 

Internal Affairs Unit
Major Arnie Weatherington

James P. O'Donnell WIM . . 
_C_mahieflnfortion Officer, 1 -

 

  

ALLEGATION:

Arnie Weatherington, Major, Miami-Dede Schools Police Department 
submitted inaccurate payroll data for approval which led to former employee
Lenay Hernandez. police dispatcher, being improperly compensated
over several pay periods. This activity went on for a period of approximately four
months before it was uncovered.

NARRATIVE:

On Thursday, June 30, 2010, Ms. Odalis Garces, Executive Director. Miami?
Dade County Public Schools Payroll Division, provided a sworn

statement.

Ms. Garces stated that on June 14, 2010, she was notified that former Police
Dispatcher Lenay Hernandez, resigned approximately four (4) months
prior and continued to be paid for eight pay periods with a total overpayment of
$12,152.52. Ms. Garces stated that she emailed Major Weatherington and
notified him of the error. Ms. Garces confirmed that the payroll data input which
improperly paid Ms. Hernandez after she resigned was performed by Ms. Yvette
Wilson. Ms. Garces also confirmed that seven of the payroll inputs that overpaid
that employee were approved by Major Weatherington. Ms. .Garces provided

payroll documents supporting these facts.

On Friday, July 2. 2010. Lisa Rodriguez, Sergeant/Shift Commander, 
Communications Division, provided a sworn statement.

Sergeant Rodriguez stated that she utilizes a daily sign in strength report that is
sent daily to Major Weatherington via his secretary, Ms. Yvette Wilson. Sergeant
Rodriguez said she sends an official strength report to Major Weatherington via
Ms. Wilson at the completion of every pay period. Sergeant Rodriguez stated that
when she was noti?ed by Ms. Lenay Hernandez that she was resigning and her
last of?cial day was February 18, 2010, she notified Major Weatherington and
received approval for overtime to cover Ms. Hernandez?s shifts until a
replacement could be found. Sergeant Rodriguez stated that she facilitated the
removal of Ms. Hernandez?s name from the Strength Report beginning with the
February 19, 2010 through March 4, 2010 data form. Sergeant Rodriguez

i
I

Internal Affairs Unit
Major Arnie Weatherington

provided copies of all pertinent Strength Reports (see attached documents).

On Friday, July 2 2010 Ms. Carol Lisbey, Dispatcher, Communications
Division provided a sworn statement. 

Ms. Lisbey stated that her duties include maintaining a sign?in~sheet for the
Communications Division. She stated that she is also tasked with
emailing the sheet to Ms. Andrea O'Neal, Office Manager, and Ms.
Wilson on a daily basis while creating and sending an of?cial; Strength Report at
the end of each pay period. Ms. Lisbey said that Ms. Hernandez notified her that
she was resigning and her last day was February 18, 2010. According to Ms.
Lisbey, Ms. Hernandez was then removed from the next Strength Report. Ms.
Lisbey provided copies of all pertinent sign-in?sheets (see attached documents).

On Tuesday September 21, 2010, Mr. James O?Donnell, Chief Information
Officer, provided a sworn statement.

Mr. O?Donnell stated that the Personnel Reporting System (PERS) provides a
form which displays specific authorizations an employee has The Payroll
Absence Reporting System (PARS) is the authorization to create payroll. The-
Payroll Roster Approval System (RSTR) is the authorization to approve payroll.
Mr Donnell reviewed the 9937 PERS printout form dated July 14 2010, which
indicated that both Major Weatherington and Ms. Wilson have PARS and RSTR
capabilities. Mr. O?Donnell said that-the system has safe guards that do not allow
the person who inputs the data and creates the payroll with PARS to approve
payroll with RSTR (see attached documents).

In addition, both Ms. Wilson and Major Weatherington have assigned user
names and passwords. Both-employees utilize this confidential information to
input and approve salary data.

On Monday, November 8, 2010, Ms. Yvette Wilson, Clerical Staff, former
Administrative Secretary for Major Weatherington, provided a sworn

statement.

Ms Wilson stated that she ?failed to remove her'name from the payroll? i just
forgot to remove her name from the payroll sheet, referring to Ms. Hernandez.
Ms. Wilson said that the payroll roster she received from the Communications
Division was accurate and her actions were an oversight. She also mentioned
that her oversight was unintentional. She proceeded to say that she did not know
Ms. Hernandez personally and her actions were a ?mistake." 

Ms. Wilson said that she has neverlogged into the payroll system utilizing her
sapervisor's user lD and password to approve payroll According to Ms. Wilson
she inputs the data and her supervisor approves it. She stated that her
supervisor has the ability to view the payroll sheet that she submits and deny it if

 

 


i

Internal Affairs Unit
Major Arnie Weatherington

it reflects inaccurate data. Ms. Wilson said that her supervisor has done this in
the past.

On Monday, November 9, 2010, Arnie Weatherington, Major. provided
a sworn statement.

Major Weatherington stated he has the final authority as to who gets paid for
each pay period. He acknowledged that he approved the inaccurate pay roll
entries submitted to him by Yvette Wilson. He said that he "trusted his secretary
to do the right thing? and it was a "mistake? on his end. Major Weatherington
stated that he does not recall sharing his user lD or password with Ms. Wilson.

FACTS:

The Communications "02/5/09?02/18f10? Strength Reports lists
Ms. Lenay Hernandez as having three (3) Vacation Days, two (2) Sick
Days, five (5) Authorized Leave Without Pay and Three (3) days off. This
conflicts with the M-DCPS Payroll Roster prepared by Ms. YVette Wilson
on 02/19i2010 at 1121 hours and approved by Major Arnie Weatherington
on the same day at 1225 hours that indicated that she was present for ten

(10) days (see tile).

Ms. Hernandez is removed from the Communications Strength
Reports starting on February 19, 2010. The Payroll Roster

reflects that Ms. Wilson continued to indicate that Ms. Hernandez

continued to work until June 10 2010 Major Weatherington approved
seven (7) total Payroll Rosters (see file)

Ms. Hernandez was paid a total of $12,152.52 after she resigned from her
position with the (see file).

Ms. Wilson stated that she "forgot to remove her name from the payroll
sheet,? referring to Ms. Hernandez.

Ms. Wilson said that it was a ?mistake" and considered it an unintentional
oversight.

Major Weatherington stated he has the final authority as to who gets paid
for each pay period.

Major Weatherington acknowledged that he approved the inaccurate pay
roll entries submitted to him by Yvette Wilson.

Major Weatherington stated that he ?trusted his secretary to do the right

 

 

Internal Affairs Unit
Major Arnie Weatherington

thing? and it was a ?mistake? on his end.

a Major Weatherington said that he does not recall ever sharing his user ID
or password with Ms. Wilson.

This investigation is being forwarded to Chief Charles Hurley for final disposition.

 

 

 

MEMORANDUM


December 6, 2010


TO: Arnie Weatherington, Major, District Security and Fingerprinting
Miami-Dada Schools Police Department

FROM: Charles J. Hurley, Chief



Miami-Dede Schools Police Department

SUBJECT: NOTIFICATION OF COMPLAINT CLOSURE AND INTENT TO

DISCIPLINE

This is to notify you that a complaint was made listing you as the subject. After a
fact??nding investigation was completed by the Internal Affairs Unit, if was

determined the complaint should be classified as indicated below.

The investigation under case iA 10-009, for the allegation of IMPROPER
PROCEDURE, has been completed. If you wish to review the complaint, contact

the internal Affairs Unit at 305-995?7703.



PERSONNEL COMPLAINT [1
GENERAL INVESTIGATION i]
LA. 
CIVIL DIVERSITY 

SHOOTING INVESTIGATION 

DISPOSITION

MEMO TO FILE
SUSTAINED

NOT SUSTAINED
EXONERATED
UNFOUNDED

PROPOSED DEPARTMENTAL ACTION SOUGHT

Thirty (30) day suspension, without pay

SIGNATURE .I

 

CJH: 8!

DATE 

new

 

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