I van?! a State of Alabama Department of Corrections Personnel Division Alabama Criminal Justice Center any - arcane . an Montgomery. AL 36130-1501 July 6, 2009 Kenny D. Waver, Correctional Sergeant Elmore Correctional Facility Elmore, AL 36025 Dear Mr. Waver: After having reviewed the recommendation of Warden Willie Thomas, your waiver of a due process disciplinary hearing and your overall work record, I am reducing the recommendation for a ?ve (5) day suspension to a three (3) day su5pension. Therefore, you are hereby suspended without pay for a period of three (3) days to be effective August 11, 2009 through August 13, 2009 inclusive. On April 13, 2009, the Captain at Elmore Correctional Facility received a corrected copy of an investigation report conducted by an Investigator into the alleged assault on an Inmate. Another Investigator administered a polygraph test on you on February 20, 2009. When the Investigator scored the test, your responses to the relevant questions he asked re?ected that you failed the test. The Polygraph Examiner also reviewed the test charts and came up with the determination that you were not being truthful. Your actions constitute a violation of the following standards under Administrative Regulation 208, Employee Standards of Conduct and Discipline: 1. Employees shall render full, efficient, and industrious service. (Section V, Paragraph A2) 2. Employees shall observe all laws, rules and regulations. (Section V, Paragraph A7) 3. Employees shall uphold, with integrity, the public?s trust involved in their position, (Section V, Paragraph A8) 4. Employees shall prevent any abuse of authority attached to the use of a badge that does not relate to a correctional of?cer performing and executing his/her duties in accordance with Title 14, Code of Alabama 1975, as amended. (Section V, Paragraph A9) Telephone (334) 353-950le Fax (334) 353-9528 WaverKD Page 2 Kenny D. Waver 5. Each employee?s conduct shall, at all times, be consistent with the maintenance of proper security and welfare of the institution and of the inmates under his/her supervision. (Section V, Paragraph B) 6. Employees shall not abuse inmate in any manner. (Section V, Paragraph C5) 7. Employees shall not apply physical force to an inmate, except and only to the degree that is reasonably necessary in self-defense, to prevent an escape, to prevent an injury to a person or the destruction of property, to quell a disturbance, or to restrain an inmate who exercises physical resistance to a lawful command. (Section V, Paragraph C17) In determining the appropriate corrective action for the above violations, I have considered the following infractions: l. Abusive or excessive physical force in dealing with inmates. (Administrative Regulation 208, Annex H, Number 27) 2. Giving false information or verbal/written statement in connection with employment, an investigation or injury. (Administrative Regulation 208, Annex H, Number 41) A review of your overall work record reveals no active corrective actions. The intent of this action is to emphasize the necessity for you to follow rules and regulations. Any similar infractions after this incident may result in ?irther corrective action. Hope?illy, your actions in the future will meet standards. Sincerely, ?ac/Cm 'chard F. Allen Commissioner RFA:ogg CC: Mrs. Jackie Graham, State Personnel Director Warden Willie Thomas, Elmore Correctional Facility Mrs. Dora Jackson, Departmental Personnel Director Enclosure: Employee Hearing Waiver WW Telephone (334) Fax (334) 353-9528 WaverKD