| VOLUSIA EXPOSED.COM |
|
|
County Personnel Board recommends that Gardner's termination be over turned. Did County officials manipulate the truth to the County Personnel Board? Did Officer Gittner have a QUID PRO QUO separation agreement with the county for her testimony against Captain Gardner? Board members vocalized several concerns about the county's investigation and handling of the Gardner investigation Were Captain Gardner's civil rights violated by Volusia County officials? Does the Gardner situation have a connection to the Trayvon Martin / George Zimmerman investigation - albeit a distant connection? |
May 17, 2012 |
MORE VIDEOS ADDED ON MAY 17, 2012 - Both sides closing arguments and the Personnel Board's deliberations !!!
THE CAPTAIN RICH GARDNER SITUATION
Captain R. Gardner's Personnel Board Hearing
was held April 12th and 13th, 2012
Click the above link for time, location and directions
DBNJ article - County Personnel Board rules against Capt. Gardner's termination
Was the county caught lying to the County Personnel Board?
By Florida law (F.S. 112.531 - 112.535) - Law enforcement and correctional officers are entitled a copy of any document generated during an internal affairs investigation on them. Internal Affairs Captain N. Dofflemyer had failed to sustain many of the charges against Captain Gardner, as documented in her (Dofflemyer's) investigative report. Captain Gardner received, as per law, a copy of Dofflemyer's report. However, the County had the investigation re-opened, whereas Deputy County Attorney Larry Smith was the assigned investigator. Mr. Smith's investigation sustained several charges against Captain Gardner, however, Gardner was not supplied a copy of Mr. Smith's investigative report, prior to the Personnel Board hearing, as is required by law.
During the Personnel Board Hearing, Assistant County Attorney, Nancye Jones, admitted that the Smith report existed, and that the rationale for not supplying it to Captain Gardner, was that he "never requested it". However, later during the board hearing, Attorney Jones' position changed to that she was unaware that the Smith report had not been provided to Captain Gardner.
WE INVITE YOU TO WATCH THE BELOW VIDEOS FOR YOURSELF - DID SOMEONE LIE ABOUT THE SMITH REPORT?
|
At the beginning of the Personnel Board, Assistant County Attorney Jones assures the Personnel Board that all records and documents have been turned over to Gardner's attorneys, as is required by Florida Statutes. (Florida Officer Bill of Rights). |
Assistant County Attorney Jones states that Gardner did not get the Smith investigative report, because he did not ask for it. |
Later, Assistant County Attorney Jones assures the Personnel Board that she did not realize that Gardner was not supplied the Smith report. |
CLICK HERE for
The missing Smith Report
Notice that there is no date on the Smith Report
When do YOU think it was written?
In a January 2012 hearing, in front of Volusia County Circuit Court Judge Rouse, Assistant County Attorney Nancye Jones assured Judge Rouse, that she would not object to Captain Gardner's attorneys arguing whether the county had violated Captain Gardner's due process, by violating his rights, as defined in Florida Statutes, commonly referred to as the Florida Officer's Bill of Rights.
However, shortly after Captain Gardner's Personnel Board came to order, Assistant County Attorney Nancye Jones quickly objected to the Personnel Board hearing any allegations of whether Captain Gardner's, Officer Bill of Rights had been violated by Volusia County officials.
WE INVITE YOU TO WATCH THE BELOW VIDEOS FOR YOURSELF - DID SOMEONE LIE TO A CIRCUIT COURT JUDGE?
|
Attorney Jones places an objection to the Personnel Board addressing any alleged violations of Captain Gardner's Officer Bill of Rights. |
Attorney McKinnon advises the Personnel Board, that during a January 2012 hearing in front of Judge Rouse, she promised the judge that she (Jones) would not object, to the violations of the Officer Bill of Rights, being argued in front of the Personnel Board. |
In a January 2012 hearing in front of Judge Rouse, Attorney Jones assures Judge Rouse that she would NOT object to the Personnel Board hearing the allegations, that Captain Gardner's Florida Officer Bill of Rights were violated by County Officials. |
Captain Nikki Dofflemyer conducted the initial internal affairs investigation into the Captain Gardner situation. Captain Dofflemyer failed to sustain many of the original charges against Captain Gardner. In late October 2011, the County opted to replace a seasoned internal affairs investigator, with the assignment of Deputy County Attorney Larry Smith, citing that Dofflemyer had not been properly trained to do such investigations.
According to Attorney McKinnon, the violations of Captain Gardner's rights started shortly after the assignment of Attorney Smith. Attorney Smith was available to testify for the county during the Personnel Board. However, Captain Dofflemyer was subpoenaed to testify in the Captain Gardner case, but she failed to present herself.
WE INVITE YOU TO WATCH THE BELOW VIDEO - WHY WAS DOFFLEMYER A NO SHOW?
|
Where is Internal Affairs Captain Nikki Dofflemyer? Listen to Attorney McKinnon argue why Captain Dofflemyer is so important to the case. |
|
Attorney Jones was concerned that other Beach Patrol employees MIGHT have the impression that Captain Gardner had awarded some type of special treatment to the two employees, based on their personal relationships. It was of interest that none of the county witnesses confirmed that any special treatment was given by Captain Gardner.
Ironically, it would appear, via old media records, that Nancye Jones and Robert Jones met in an interoffice relationship, within Volusia County Government. She was the sheriff's legal advisor and Robert was a Volusia County Sheriff deputy. VolusiaExposed.Com posed the question - If you are the sheriff's legal advisor, is it ethical to also be engaging in a sexual relationship with one of his deputies? Obviously, if the relationship "went south", Nancye had the "ear" of the sheriff, could she have had Robert fired? VolusiaExposed.Com believes these are fair questions to be asked, especially since Attorney Jones asked similar questions regarding Captain Gardner's relationships.
Finally, since Attorney Jones was so concerned of whether there existed a perception within the Beach Patrol's rank and file, of a conflict of interest between Captain Garnder and his personal relationships, we wonder if Attorney Jones can NOW appreciate our (VolusiaExposed.Com's) concerns regarding our perceived conflict of interest, attached to her and her husband, VCSO Major Robert Jones?
Our concerns centers around several in-custody deaths within the Volusia County Jail. We believe that corrections officers were allowed to falsify official documents in these deaths, and that the VCSO and the Volusia County Medical Examiner's Office aided and abetted, in the falsification of official records.
While VolusiaExposed.Com has several examples of questionable in-custody deaths at the Volusia County Jail listed on our website, we invite you to review the 2009 in-custody death of Inmate Tracy Veira, a 28 yr old mother of two. (see below link).
So where is the Jones conflict? Nancye handles much of the jail's legal matters, and Major Robert Jones is the supervisor of the deputies that investigated the in-custody deaths.
So we ask yourselves (our readers) - based on your individual perception of Attorney Jones' veracity in the Gardner Personnel Board hearing - would you trust her as an "officer of the court", to be frank and honest with you, should one of your love ones die under questionable circumstances within the Volusia County Jail? Before, you answer, read the documents attached to the Tracy Veira death, and ask yourself why, a Major Case Investigator and the Medical Examiner Investigator did not follow up on their initial suspicions, that Inmate Veira's state of decomposition was not consistent with the jail's documentation.
By the way - Please make note that the Volusia County Jail, the County Medical Examiner's office and Beach Patrol are incorporated within the Volusia County Department of Public Protection.
Also, a very important side point - the Volusia County Medical Examiner's office does all the autopsies for Seminole County. So, if the Volusia County Medical Examiner's office is willing to ignore investigative facts in the deaths of Volusia County jail inmates, then one could possibly assume, that facts have been ignored in autopsies coming out of Seminole County, right? Guess which medical examiner did the autopsy on Trayvon Martin? That's right. Amazing how lies and manipulation of criminal investigations can come back and bite you in the rear. HOLD ON TIGHT Volusia County, we just may have an E ride ticket for the George Zimmerman murder trial merry-go-round.
WE INVITE YOU TO WATCH THE BELOW VIDEO - Captain Marris laughs when questioned about relationships within the Beach Patrol.
 RUH ROH ! |
A 1995 media article covering a possible conflict of interest between Nancye and Robert Jones - husband and wife.
Inmate Tracy Veira's 2009 In-Custody Death - VCSO cover up? |
Volusia County Deputy Attorney, Larry Smith testified during Captain Gardner's Personnel Board. Attorney Smith was one of two investigators charged with investigating the allegations against Captain Gardner.
During questioning from Captain Gardner's attorney (Abe McKinnon), Mr. Smith initially attempts to paint himself as some type of expert internal investigator. However, when Attorney McKinnon questions him on his knowledge of the Florida Statutes attached to such investigations, it becomes clear that Mr. Smith's knowledge is very limited.
In our opinion, Mr. Smith attempted to make himself out the "Columbo" of investigations - and in the end, came out looking more like Deputy Barney Fife. See what you think.
Interestingly, even though Mr. Smith admitted needing the assistance of Captain Dofflemyer to help him through the maze of Florida Statutes dealing with law enforcement internal investigations, he throws Dofflemyer under the bus, by stating she never had any training in conducting investigations.
The Dofflemyer revelation, kinda makes us wonder, if the individuals that taught sexual harassment awareness in the Beach Patrol had received training in sexual harassment?
WE INVITE YOU TO WATCH THE BELOW VIDEO - Deputy Attorney Larry "Columbo" Smith testifies.
  |
Upon questioning by Captain Gardner's attorney, Deputy County Attorney, Larry Smith appears to make a feeble attempt to appear as though he is some type of investigative expert. However, Smith transforms from Columbo to Barney Fife, as soon as Mr. McKinnon questions him on his knowledge of Florida Statutes - Florida Officers Bill of Rights. |
Deputy County Attorney, Larry Smith states that Internal Affairs Captain Dofflemyer has not received any formal training in conducting internal investigations.  |
Assistant County Attorney Nancye Jones assures the County Personnel Board that Officer Gittner is a credible witness. That is was hard for Gittner to get up in front of all of Captain Gardner's friends and to testify to the truth.
All very touching - but Attorney Jones is leaving out one little detail. Officer Gittner was being compelled to testify, via a separation agreement she had with the County of Volusia. A copy of the Gittner Separation Agreement can be found below - but it reads "....Cara Gittner will cooperate as a witness in any personnel board appeal of Richard Gardner...."
We invite you to read the entire Gittner Separation Agreement. Does it appear to be a QUID PRO QUO agreement between her and the county, whereas they agree to close out her internal investigation and to submit her FDLE paperwork in a positive manner, in return for her "cooperation" in the Gardner Personnel Board? If it does, then we further invite you to review our attached web article, in which we question whether, Volusia County officials falsified Officer Gittner's separation documents to the Florida Department of Law Enforcement.
Things that make you go hummmmmmm, or as a County Personnel Board member stated -"Something just doesn't smell right."
WE INVITE YOU TO WATCH THE BELOW VIDEO - Assistant County Attorney Jones assures the Board of Officer Gittner's credibility.
|
Nancye Jones advises the Personnel Board, that all subpoenas are non-binding - and the county has no way to FORCE someone to testify - Really Nancye - take a look at the Gittner separation agreement - was she forced? |
Assistant County Attorney Jones assures the Personnel Board of Officer Gittner's credibility. In truth, Officer Gittner's testimony had been bought and paid for, via a separation agreement between Gittner and the County of Volusia. |
CLICK HERE - To review the ever elusive, often denied, Separation Agreement between the County of Volusia and Officer C. Gittner
CLICK HERE - To review VolusiaExposed.Com's article questioning whether the County of Volusia submitted falsified separation documents, regarding Officer Gittner, to the Florida Department of Law Enforcement  |
Florida Statutes (F.S. 112.531-112.535 - commonly known as the Florida Officer Bill of Rights) states, that if an officer, while under investigation by his / her agency, believe that his / her rights have been violated, by the agency conducting the investigation, the officer can demand that his / her concerns be reviewed by a "compliance review committee".
Apparently, Deputy County Attorney Smith feels as through the county properly reviewed Captain Gardner's allegations, that his Florida Officer Bill of Rights had been violated, and since the county did not agree that his rights were violated, there was no need to have a compliance review committee hearing.
We invite you to read, in the particular F.S. 112.534, so you can determine for yourself, if the county can unilaterally decide whether a complaince review comittee hearing is not necessary.
What's next - is it, Mr. Gardner, we have fired you - and we have reviewed our termination and found it to be proper, so there is no need to bother with a County Personnel Board Hearing? No, the county did give Gardner his Personnel Board hearing. However, we invite you to closely watch, whether the county will follow the Personnel Board recommendations, not to terminate Captain Gardner.
LISTEN UP PEOPLE, THIS GETS SCARIER ! - The county did NOT stop at just violating Captain Gardner's rights, as a law enforcement officer within the State of Florida. The county appears to hold the belief that they can violate his United States Constitutional rights as well.
We believe the County of Volusia needs to make a commitment to the Good Old USA and it's Constitution. Absent such a commitment, we are left wondering what beliefs they hold dear?
WE INVITE YOU TO WATCH THE BELOW VIDEOS, OF BOTH ATTORNEY SMITH & DEPUTY DIRECTOR POZZO.
  |
Deputy County Attorney Smith testifies that the county determined that Captain Gardner was not entitled to a Compliance Review Committee. |
|
Deputy Director Pozzo apparently believes that he has the right to examine county employees private cell phone records.
Furthermore, if you are a county employee, he appears to hold the belief, that he can search your house, as long as county legal says it's okay.
Personnel Board member Joe Winter, voiced his concerns, in his questioning of Deputy Director Pozzo - "Did you ever fear that you might be violating the Captain's civil right?" - Pozzo answers -"No"
Very scary stuff !!
|
Deputy Director Pozzo testifies, to his belief, that county employees' personal cellphone records / texts are open to county government inspection ! |
Deputy Director Pozzo affirms his belief that county employees' homes can be searched during an internal investigation, as long as county legal gives him the okay. |
County Personnel Board member, Joe Winter questions Deputy Director Pozzo, regarding probable violations of Captain Gardner's civil rights. Mr. Winter states his belief, that the US Constitution is relevant in the Gardner matter. |
The members of the County Personnel Board voiced their concerns, regarding the County's handling of the internal investigation of Captain Gardner.
WE INVITE YOU TO WATCH THE BELOW VIDEOS
The Personnel Board Members speak out against the County's position against Captain Gardner.
|
Personnel Board Member Ezell Reaves can not even understand why there is a case against Captain Gardner. |
Personnel Board Member Dwight Lewis states that the County's case can not even pass the "smell test". |
Personnel Board Member Joe Winter has more questions and concerns about the County's case against Captain Gardner. |
OPENING STATEMENTS OF ASSISTANT COUNTY ATTORNEY JONES
|
Assistant County Attorney Nancye Jones' Opening Statement (PART 1) |
Assistant County Attorney Nancye Jones' Opening Statement (PART 2) |
|
OPENING STATEMENTS OF MR. MCKINNON
Captain Gardner's attorney
|
Mr. McKninnon's Opening Statement (PART 1) |
Mr. McKinnon's Opening Statement (PART 2) |
Mr. McKinnon's Opening Statement (PART 3) |
VOLUSIA COUNTY'S CLOSING ARGUMENTS.
|
VOLUSIA COUNTY'S CLOSING ARGUMENT 1 OF 2 |
VOLUSIA COUNTY'S CLOSING ARGUMENT 2 OF 2 |
MR KANEY'S AND MCKINNON'S CLOSING ARGUMENTS.
|
MR KANEY'S AND MCKINNON'S CLOSING ARGUMENTS 1 OF 4 |
MR KANEY'S AND MCKINNON'S CLOSING ARGUMENTS 2 OF 4 |
MR KANEY'S AND MCKINNON'S CLOSING ARGUMENTS 3 OF 4 |
|
MR KANEY'S AND MCKINNON'S CLOSING ARGUMENTS 4 OF 4 |
THE PERSONNEL BOARD'S DELIBERATIONS.
|
Deliberations 1 of 5 |
Deliberations 2 of 5 |
Deliberations 3 of 5 |
|
Deliberations 4 of 5 |
|
Deliberations 5 of 5 |
We invite you to review other disturbing comments caught on video.
PLEASE WATCH THE BELOW VIDEO.
|
Director Sweat can not recall if he has ever seen the investigative report filed by Deputy County Attorney Larry Smith. You remember, that's the same UNDATED report, that County Attorney Jones first denied giving to Captain Gardner, then later was caught on video, assuring the Board that she was unaware that Gardner did not have it. |
Per testimony, it's against Beach Patrol "practice" (not policy), for supervisors and subordinates to date each other, within the same work zone. However, Director Sweat can not explain the relationship between Captain Dowling and his subordinate Judy Hallock. |
Who wrote Director Recktenwald's Letter of Dismissal? Watch the video and decide for yourself. Notice how Recktenwald keeps looking over to the county legal side of the room. |
May 4, 2012 DBNJ article - County offers Rich Gardner a job as a corrections officer
County Manager's written decision regarding Captain Gardner.
Personnel Board written decision
The Personnel Board ruled in Captain Gardner's favor, albeit, they did rule, that he had violated County Merit Rule 86-453(13)
"Any conduct, on or off duty, that reflects unfavorably on the county, as an employer."
However, what is significant, are the numerous charges, that the Personnel Board cleared him of. We feel that many of these same charges could have been attached to the recent investigation of VCSO Sgt. McGuire. Sgt. McGuire was merely investigated for violation of County Merit Rule 86-453(13) and quickly cleared by county officials. We suspect, that both the Gardner and McGuire investigations were "managed" by the county, to forward nefarious political agendas.
In the Gardner matter, did the county need a scapegoat to cover for all the political back lash attached to the under age sex scandal coming out of the Beach Patrol?
DBNJ - Special Report on Beach Patrol Sex Scandal
In regards to the Sgt. McGuire investigation, the county quickly, and quietly put these allegations to bed. Why? We suspect, that county officials did not want another sex scandal to come to the public's attention, especially in an election year. Due to an apparent conflict of interest, between the VCSO and county legal, county officials were able to sweep this scandal under the rug. We invite you to review our concerns about the Sgt. McGuire investigation.
Allegations of Sex on Duty within the VCSO - The Sgt. McGuire investigation.
Finally, we note that in 2010, the Beach Patrol's Deputy Chief, Bill Bussinger was caught downloading porn while on duty. In fact, he was caught twice. Deputy Chief Bussinger was investigated and he too, was found to have violated SEVERAL County Merit Rules, to include 86-453(13). Interestingly, Deputy Chief Bussinger was only suspended for twenty (20) days. Obviously, Captain Gardner was of a lower rank, then that of the Deputy Chief, and only having a violation of 86-453(13) sustained against him. However, Gardner is demoted, suspended for over ninety days (90) and reassigned to a county job outside of law enforcement (a job he is not trained for).
With the above in mind, we ask you, the public, is the disciplinary action being taken against Captain Gardner, for a mere violation of 86-453(13), in compliance with County Merit Rule 86-451(c)? We invite you to review the Deputy Chief Bussinger investigation / disciplinary action.
|
COUNTY MERIT RULE 86-451 (c) The type and severity of disciplinary action shall be related to the gravity of the offense, the employee's record of disciplinary action, length of service, and actions taken in similar cases both within the department and in other departments. Any adverse action taken must be based on cause supported by sufficient evidence, be consistent with other such actions taken throughout county government, and be fair and equitable. |
Deputy Chief Bussinger - Suspended for 20 days
VolusiaExposed's Article - Deputy Chief Bussinger - Porn on duty
Volusia County Merit Rules - in PDF format
IF YOU ARE A CURRENT VCBP OFFICER - Ask yourself this question - Can I now trust the County to be fair and honest with me, or do I need a police union?
TEAMSTERS LOCAL 385
VolusiaExposed.Com is currently processing additional video of the Gardner Personnel Board. We have several pending updates on the Gardner matter - stay tuned.
YES, there are more videos still to come, so check back often.
Follow Us on FACEBOOK too - LIKE our FB page and send us comments
IS UNDER DEVELOPMENT