| VOLUSIA EXPOSED.COM |
|
|
Correctional officers fired after sexual harassment investigation Did county officials violate Florida Law conducting these "investigations"? While investigating complaints of sexual harassment, did the jail uncover allegations of excessive use of force by officers? Why have these serious allegations been left un-investigated? |
August 30, 2013 |
Give this Page a Second or Two to Load
SINCE IT WAS ORIGINALLY POSTED ON JUNE 17, 2013
Sgt Ben West's and Ofc. N. Schneider's County Personnel Board Hearings have been scheduled
for September 20, 2013 at 9:30 AM at the DeLand courthouse located at 101 N. Alabama Ave.
in the 1st floor Grand Jury Room C153
|
Recently (May 2013), the Volusia County Division of Corrections concluded a six month long sexual harassment investigation.
The allegations were brought forward by a male correctional officer (Cella), against a female correctional captain (Hunter). |
|
Our desire was to be able to allow the general public, and other members of the Volusia County Division of Corrections, the opportunity to review these records, so that they may draw their own conclusions. Therefore, you will find the received records incorporated within this web article. Please be advised, Volusia County officials have advised us that these are NOT all of the records associated with this investigation. Apparently additional records exist that are under review by the county's legal department as to whether they are releasable as public records. VolusiaExposed intends to do a follow up request on these, yet unreleased, Secret Squirrel records. 
Continued Below |
DISCIPLINARY NOTICES CAPT. HUNTER, SGT. B. WEST AND OFC. N. SCHNEIDER |
|
POUND OF FLESH Captain Hunter was disciplined for her comments in the training videos, whereas she was playing the role of an inmate. Was Captain Hunter correct in using such language in a training situation? Should correctional staff be trained to prepare for such language? Did Captain Hunter's sexually charged language, in those training videos, meet the definition of sexual harassment? |
The language in these videos was the rationale for Capt. Hunter's suspension Should correctional officers be trained to expect such language from inmates? |
Ironically, Captain Hunter was disciplined for using some of the very same language that Captain Vanis used in his own investigative reports.
Surely, if it is as Director Recktenwald states, inappropriate for Captain Hunter to use such language during the training videos, wouldn't it also be inappropriate for Captain Vanis to incorporate the very same language into his official reports?
Notice, that in Mr. Recktenwald's letters - he avoids much of the inappropriate language by redacting it.
Given the instructions within Mr. Recktenwald's letter to Captain Hunter - what is Captain Hunter suppose to do the next time an inmate cusses her out? May she should write the disciplinary report stating - "Well the inmate said a whole bunch of bad words - but it would be inappropriate for me to disclose exactly what words the inmate used" ?
Criminal investigators are trained to lie to criminal suspects while interrogating them. In this small part of an investigator's professional life, the law gives him the authority to lie. Yes, unfortunately, many of these officers forget to stop lying when the law forbids it.
In our opinion, rude language for correctional officers, and the ability of criminal investigators to successfully lie to criminal defendants are important tools for both professions. The trick for both, is to know when it's not appropriate or legal to use it.
Surely, if it is as Director Recktenwald states, inappropriate for Captain Hunter to use such language during the training videos, wouldn't it also be inappropriate for Captain Vanis to incorporate the very same language into his official reports?
Notice, that in Mr. Recktenwald's letters - he avoids much of the inappropriate language by redacting it.
Given the instructions within Mr. Recktenwald's letter to Captain Hunter - what is Captain Hunter suppose to do the next time an inmate cusses her out? May she should write the disciplinary report stating - "Well the inmate said a whole bunch of bad words - but it would be inappropriate for me to disclose exactly what words the inmate used" ?
Criminal investigators are trained to lie to criminal suspects while interrogating them. In this small part of an investigator's professional life, the law gives him the authority to lie. Yes, unfortunately, many of these officers forget to stop lying when the law forbids it.
In our opinion, rude language for correctional officers, and the ability of criminal investigators to successfully lie to criminal defendants are important tools for both professions. The trick for both, is to know when it's not appropriate or legal to use it.
Violations of Florida Law by County Officials?
|
Volusiaexposed has some concerns that the county violated Florida State law in their investigation of Captain Hunter. (and by proxy, in their investigations of Sgt. West and Officer Schneider)
Correctional and Law Enforcement officers have certain rights while under internal investigation. Some of these rights are commonly known as the Florida Officer's Bill of Rights and can be found within Florida Statutes 112.531 to 112.535. Such is extremely important, not only for the subject officer, but also to the public. A good example of this importance, is the fact, that these recorded interrogations become public record upon the completion of the investigation. It's one of the checks and balances incorporated into the law. |
Volusia County has realized, in the past, the importance of "pre-disciplinary" meetings / interrogations to the investigative process.
Volusia County officials have, in the past, delayed our public record requests, stating that they don't consider the investigative process complete until after these "pre-disciplinary" meetings.
Volusia County officials have taken the stance that Attorney General Opinion 95-59 allows them to incorporate these "pre-disciplinary" meetings into their investigative process. We (VolusiaExposed) don't necessarily disagree with this premise. However, if county officials do incorporate these meetings into their investigative process, it is our (VolusiaExposed) opinion, that a legal requirement (F.S. 112.532) exist to record these meetings.
Apparently, the Volusia Sheriff Department does record these pre-disciplinary meetings, while the Division of Corrections does not. Such is NOT consistent with County Spokeperson, Dave Byron's November 11, 2011 assurances to VolusiaExposed.Com.
In this particular instance, there is little doubt, that the April 5, 2013 meeting between Director Recktenwald and Captain Hunter was investigative in nature. Mr. Recktenwald's letter of suspension clearly documents that Corrections Director Ford, Captain Vanis and even Assistant County Attorney Nancye Jones were in attendance. Does this appear to be an investigative interrogation to you?
We (VolusiaExposed.Com) believe it is of investigative significance that Hunter supplied Mr. Recktenwald with new investigative evidence during this April 5, 2013 meeting (the training videos). Further, that after this meeting, one of the main justifications of Captain Hunter's disciplinary action was based on her use of inappropriate language within those training videos, far from what the original complaint was (sexual harassment).
VolusiaExposed holds the opinion that this meeting therefore should have been recorded, as is required by Florida law.
VolusiaExposed.Com has made several requests for this record / recording. To date we have received two responses, as detailed in the below emails from Lt. Mason and County Spokeman, Dave Byron.
On Wed, 2013-05-15 at 11:47 -0400, Scott Mason wrote:
The Volusia County Division of Corrections does not possess requested record (Recording of April 5th, 2013 meeting between Hunter and Recktenwald)
VolusiaExposed - Lt Mason's email
From: Dave Byron
To: VolusiaExposed
Cc: Bernice Wendland
Subject: Re: April 5, 2012 meeting recording
Date: Mon, 10 Jun 2013 09:23:43 -0400
There are no recordings anywhere, as previously stated.
VolusiaExposed - Dave Byron's email
Okay, so let's say the county failed to record the April 5, 2013 meeting. Some of our readers might even ask - What's the big deal? After all Captain Hunter only got a five day suspension, that she is not appealing. It was her (Hunter's) rights that were apparently violated - if she is not complaining - who cares.
WRONG !!! - What about Sgt. West or Officer Schneider? Maybe something was said or brought up in that meeting that could assist them in their appeal. What about the citizens of Volusia County? Don't we have the right to review the ENTIRE investigative record, absent any statutory exemptions?
It is somewhat difficult for us (VolusiaExposed) to piece together exactly what transpired, when several pieces of the investigation (puzzle) are missing. Then again, maybe that was the goal of county administration, all along. To leave out important parts of the puzzle - even if that meant violating the law. They (county administrators) have a rather long history of those sort of allegations being lodged against them. (Failure to honor the Florida Officer's Bill of Rights - see section of article further below)
Volusia County officials have, in the past, delayed our public record requests, stating that they don't consider the investigative process complete until after these "pre-disciplinary" meetings.
Volusia County officials have taken the stance that Attorney General Opinion 95-59 allows them to incorporate these "pre-disciplinary" meetings into their investigative process. We (VolusiaExposed) don't necessarily disagree with this premise. However, if county officials do incorporate these meetings into their investigative process, it is our (VolusiaExposed) opinion, that a legal requirement (F.S. 112.532) exist to record these meetings.
Apparently, the Volusia Sheriff Department does record these pre-disciplinary meetings, while the Division of Corrections does not. Such is NOT consistent with County Spokeperson, Dave Byron's November 11, 2011 assurances to VolusiaExposed.Com.
In this particular instance, there is little doubt, that the April 5, 2013 meeting between Director Recktenwald and Captain Hunter was investigative in nature. Mr. Recktenwald's letter of suspension clearly documents that Corrections Director Ford, Captain Vanis and even Assistant County Attorney Nancye Jones were in attendance. Does this appear to be an investigative interrogation to you?
We (VolusiaExposed.Com) believe it is of investigative significance that Hunter supplied Mr. Recktenwald with new investigative evidence during this April 5, 2013 meeting (the training videos). Further, that after this meeting, one of the main justifications of Captain Hunter's disciplinary action was based on her use of inappropriate language within those training videos, far from what the original complaint was (sexual harassment).
VolusiaExposed holds the opinion that this meeting therefore should have been recorded, as is required by Florida law.
VolusiaExposed.Com has made several requests for this record / recording. To date we have received two responses, as detailed in the below emails from Lt. Mason and County Spokeman, Dave Byron.
The Volusia County Division of Corrections does not possess requested record (Recording of April 5th, 2013 meeting between Hunter and Recktenwald)
To: VolusiaExposed
Cc: Bernice Wendland
Subject: Re: April 5, 2012 meeting recording
Date: Mon, 10 Jun 2013 09:23:43 -0400
There are no recordings anywhere, as previously stated.
WRONG !!! - What about Sgt. West or Officer Schneider? Maybe something was said or brought up in that meeting that could assist them in their appeal. What about the citizens of Volusia County? Don't we have the right to review the ENTIRE investigative record, absent any statutory exemptions?
It is somewhat difficult for us (VolusiaExposed) to piece together exactly what transpired, when several pieces of the investigation (puzzle) are missing. Then again, maybe that was the goal of county administration, all along. To leave out important parts of the puzzle - even if that meant violating the law. They (county administrators) have a rather long history of those sort of allegations being lodged against them. (Failure to honor the Florida Officer's Bill of Rights - see section of article further below)
Captain Hunter's Allegations Of Excessive Use Of Force?
|
Although Captain Vanis, the internal affairs investigator, did question Sgt. West regarding Captain Hunter's excessive use of force allegations, we (VolusiaExposed) have the opinion that Captain Hunter's allegations should have started a separate investigation into those rather serious allegations. After all, Officer Cella's allegations were enough to start the sexual harassment investigation, therefore surely such serious allegations from a corrections captain should have been enough of a catalyst to open an independent investigation.
Further, Captain Vanis opened independent investigations on both Sgt. West and Officer Schneider for allegedly providing him with false statements. So why was no independent investigation opened into Captain Hunter's allegations of excessive use of force? It's probably also significant that Florida law (F.S. 943.1395) requires that an internal investigation be conducted, if the agency has cause to suspect that an officer has committed a moral character violation. Being involved in an excessive use of force incident would qualify as a moral character violation. |
and her December 2012 sworn statement consistent?
|
In both Captain Hunter's (Dec. 2012) and Sgt. B. West's (Jan 2013) sworn statements, there is evidence that suggests that Captain Hunter had concerns regarding the July 2012 use of force on Inmate George Hicks. However, Captain Hunter's July 2012 use of force investigation approved the application of force against Inmate Hicks as "very necessary and justified".
(see Hunter's investigative report ------>) Dec 2012 sworn statement see pages 7-8 Sgt. West's Jan 2013 sworn statement see pages 3-8 After all, both Sgt. West and Officer Schneider were terminated for their alleged inconsistent statements, after independent investigations were opened on both officers. |
"Blood Bath" use of force incident |
An Officer Can Retract His / Her Sworn Statement Prior To The Completion Of The Investigation.
|
The Criminal Justice Standards and Training Commission (CJSTC) is the governing body for Florida's law enforcement, correctional and probation officers.
The CJSTC is a subsection of the Florida Department of Law Enforcement. All of Florida's law enforcement, correctional and probation officers are certified through the CJSTC. Without this certification, these officers could not serve. The CJSTC have developed moral character standards for officers. These standards can be found within Florida Administrative Code 11B-27.0011. A copy of FAC 11B-27.0011 has been attached to the right of the screen -----> CJSTC's moral character standards allow an officer to recant his / her testimony prior to the completion of the investigation FAC11B-27 (5) A certified officer’s failure to maintain good moral character as defined in subsection (4) of this rule section by committing a violation involving perjury or false statement in a court proceeding, shall not include a statement which was recanted. If the violation involving perjury or false statement is alleged to have occurred in the performance of regularly required work duties or the course of an administrative or disciplinary investigation, a certified officer’s failure to maintain good moral character as defined in subsection (4) of this rule section shall not include a statement in which the officer making the statement conceded such statement to be false prior to the employing agency’s conclusion of the internal affairs investigation in which the false statement related to a material fact. For purposes of this subsection, the employing agency’s internal affairs investigation shall be deemed to be at a conclusion upon the investigator’s execution of the statement required by Section 112.533(1)(a)2., F.S. |
MORAL CHARACTER STANDARDS FAC 11B-27.0011 |
ASK ME NO QUESTIONS AND I'LL TELL YOU NO LIES !?
Ironic isn't it - that the people we trust to enforce the laws, apparently break those laws on a regular basis.
And it's not just our (VolusiaExposed) opinion - we welcome you to play the below video of local private Attorney Noah McKinnon. In this video, (April 2012) Mr. Mckinnon is advising the Volusia County Personnel Board that Assistant County Attorney, Nancye Jones is not accurately representing what transpired during a January 2012 court hearing. Attorney McKinnon goes on to explain the importance of the county complying with the Florida Officer's Bill of Rights.
Attorney McKinnon advises
the County Personnel Board
Feel free to play the other videos of Attorney Jones (see below) - and determine for yourself, if Attorney McKinnon was correct that the county continually violated his client's Florida Officer's Bill of Rights.
Such gives us pause, that if a county attorney can change her position as a sworn officer of the court - how can that same person allege that Sgt. West and Officer Schneider submitted false statements, merely because they modified their testimony? VolusiaExposed examined some emails from Assistant County Attorney Jones, whereas she alleges such against West and Schneider. These emails have not been released as public records - the county is currently claiming a public record exemption.
Look at the Sgt. Bandorf documents - State law demands that a formal internal affairs investigation be completed, prior to charges being sustained. County officials readily admit in their letters, that no such investigation was completed, but that does not stop them (Clifford) from testifying under oath that a investigation was completed. A complete falsehood ? - but hey, no worries, Assistant Cunty Attorney Nancye Jones pens a letter stating that due to her past experience as a Assistant State Attorney, Jail Director Clifford did not commit perjury.
Then you have the case against Deputy Scott Flesch. Assistant County Attorney Mary Jolley sends Daytona Beach Police Chief Chitwood a thank you letter for the testimony of his officers in the Flesch personnel board hearing.
We invite you to review Daytona Beach Police Officer Kulenek's testimony during the Flesch hearing. Was her testimony consistent with her sworn disposition? Listen to her testify that Flesch immediately pulled over once she turned on her patrol car emergency lights - but Deputy Flesch is still charged with fleeing and eluding a police officer? Does that sound like testimony to be proud of ?
|
DEPUTY S. FLESCH, SGT. J. BANDORF AND CAPTAIN GARDNER IS HEREBY OFFICIALLY AUTHORIZED See the below linked reports or videos for details
|
|
If you found this article to be thought provoking, we (VolusiaExposed.Com) invite you to review, the below linked, Special Investigative Report, exposing law enforcement corruption with the State of Florida. SPECIAL INVESTIGATIVE SERIES ON LAW ENFORCEMENT CORRUPTION by Matthew Doig and Anthony Cormier
Volusia County Sheriff's Department
Drop us a line to let us know what you think.  EMAIL US DOES SHERIFF JOHNSON HAVE A SUBSTANCE ABUSE PROBLEM? Play the above video - and then decide for yourself. Sheriff Johnson claiming that he does not drink. (October 2012) |
and VCSO Press Releases The VCSO issued a press release on the Stewart-Marchman molestation incident - but did not issue a press release of a jail rape - why not? No VCSO Press Release on Jail Rape? Rape at the Volusia Jail INFLUENCE THE JAIL'S RAPE INVESTIGATION? Nancye Jones' husband, VCSO Major Robert Jones, supervises the deputies that investigate possible criminal violations within the county jail. We have concerns that several criminal investigations have been possibly manipulated, in order to reduce the County of Volusia's civil liability. Our concern includes this particular in-custody sexual battery investigation, and the below listed situations. We invite you to review our concerns. Falsification of Documents by County Officials  |