VOLUSIA EXPOSED

"Every organization rests upon a mountain of secrets." - Julian Assange

"That's My Story"
By Collin Raye
Click Pause Button To Stop Video

Personnel Board Hearings Held
On September 20, 2013

VolusiaExposed attended the personnel board hearing of both Ofc. N. Schneider and Sgt. B. West.

The hearings started at 9:30 AM and did not end until after 7 PM.

The hearings were held in the Grand Jury room of the DeLand Court House, and were so well attended, that it was standing room only.

Both Ofc. Schneider and Sgt. West were cleared on the most serious charge of lying / providing false statement. The board sustained a charge against Sgt. West - failing to file a report.

Realizing that many officers were unable to attend these hearings, and to also better inform the general public - VolusiaExposed has included within this web article, a video record of both hearings. (see below)

Click The Below Link To Review Our Original Article

Will Schneider and West Get Their Jobs Back?

After the board hearing, many were asking the question - Will Schneider and West get their jobs back?

The answer is maybe.

The situation is this; the Personnel Board decision is ONLY a recommendation. The County Manager can accept it or reject it, in whole or in part.

VolusiaExposed routinely attends these personnel board hearings, and it's been our experience that the county rarely accepts the entire board recommendation. (Unless the board recommendation is completely compliant with the county's position)

Will Schneider and West Face A CJSTC Hearing?

The Criminal Justice Standard and Training Commission (CJSTC) is the body within the Florida Department of Law Enforcement that ensures that all certified law enforcement and correctional officers maintain a certain level of moral character.

Failure to maintain these established moral character standards can cause the CJSTC to revoke the subject officer's law enforcement or correctional certification.

These moral character standards are codified within Florida Administrative Code 11B-27.0011. (see our above link original article for more details)

Based on the Personnel Board's recommendation, and the below, yellow highlighted CJSTC rule, we (VolusiaExposed.Com) suspect that this would not be an CJSTC actionable matter.

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.

However, should the Department of Public Protection continue in their belief that these officer's provided false statements, in their official capacity, and forward such in writing to the CJSTC via a CJSTC 61 Officer Separation Form - the CJSTC might, at the very least, forward it to their probable cause committee for further review.

In the past, the Volusia County Department of Public Protection has forwarded at least one case to the CJSTC, in which the county did not even conduct an internal affairs investigation on. In short, they (county) sustained a misconduct / moral character charge against an officer, without conducting the mandated (per Florida Statutes 943.1395(5)) investigation to support their findings. In our opinion, a violation of Florida Law.

Therefore, it would not be surprising, if Ofc. Schneider and Sgt. West may have to fend off a county requested CJSTC review.

Some Of The
Highlighted Testimony
Play the below videos
to watch the described
video snippet

Director Ford Testifies
Schneider's Hearing

Board Members
Mr. Lane & Mr. Winter Speak
"Here for the wrong reasons"
County's case doesn't pass the "smell test"
Hearing "is wasting taxpayer's money"
Mr. Winter mistakenly refers to
Ofc. Schneider as "the Sgt.".

Lt. McBride Testifies
Sgt. West's Hearing

Director Ford Testifies
Sgt. West's Hearing

Our Final Thoughts

As we expressed in our earlier article on this subject, the truth in this case will always be some what elusive - why? Because the Department of Public Protection continues to refuse to follow Florida State law in conducting these internal investigations.

Personnel Board Member, Mr. Joe Winter, was not too far off target, when he compared the county's investigation to a second grade (elementary school) project. Mr. Winter, in our opinion, was right on target, when he concluded that the county's investigation was a great waste of taxpayer's money.

So what is to be done?

Well, if you are an officer within the Department of Public Protection, and you have concerns that your department is not following Florida State law regarding their internal affair investigations, as well as having concerns with some of the sworn testimony (or comments) given by county officials , then may we (VolusiaExposed.Com) kindly suggest that you consider securing some representation?

VolusiaExposed was particularly interested in many of Director Ford's and Assistant County Attorny Nancye Jones' statements.

Please feel free to review the below videos of the complete Personnel Board hearings of Ofc. Schneider and Sgt. B. West - and then form your own independent opinion - it's alright - even the County Personnel Board members shared their opinions on these matters.

Ofc. Nate Schneider's Personnel Board Hearing