Did VCDPP Internal Affairs just fake an investigation into alleged fraudulent conduct by Cpl. Wyckoff? Read the attached documents and decide for yourself.
Updated June 30, 2010
“That's my story and I'm sticking to it”- County Music Artist, Collin Raye
Back a few years ago, an employee of the Volusia County Division of Corrections by the name of Tim Wyckoff had a workman compensation claim against Volusia County.
Although Volusia County Government apparently attempted to seek criminal charges against Cpl. Wyckoff for alleged workman compensation fraud, Volusia County eventually settled the claim and Cpl.Wyckoff retired out in a "in-line of duty" disability status under the Florida Retirement System.
The purpose of this web page is not to review the merits of Wyckoff's workman's compensation claim, but rather to ask the following questions:
1. Did Volusia County engage in an active campaign to criminally charge Cpl. Wyckoff with workman compensation fraud while also actively seeking to administratively settle the workman compensation case?
2. If so, was the attempt to criminally charged him simply used as a leverage to gain a settlement in a civil / administrative case (ie. the workman compensation case)?
In a August 22, 2005 letter, Assistant County Attorney Nancye Jones appears to advised Wyckoff that she is familiar with the FDLE Affidavit of Separation form (CJSTC 61).
Apparently, Mr. Wyckoff was challenging how Volusia County file his 61 form in which they alleged that he was separated due to misconduct (events surrounding alleged workman compensation fraud). Such is especially odd, given the fact that county gave him a rather large settlement and his retirement was based on a "in line of duty" injury.
It is interesting how Attorney Jones assures Wyckoff about her knowledge of the CJSTC 61, especially given the August 18, 2005 email exchange between herself and Captain Modzelewski. It appears that Captain Modzelewski had to bring her up to speed on the CJSTC 61 and 78 procedures
However, before reading the below linked email, we also ask whether Attorney Jones acted appropriately in approaching a law enforcement officer (Modzelewski) to apparently attest that an internal affairs investigation had been completed on Cpl. Wyckoff?
Doesn't Captain Modzelewski clearly state in his email with Jones - "I was not involved nor did I do an internal investigation"? So, how was it possible for Captain Modzelewski to file a CJSTC 78 form sustaining that an internal affairs investigation HAD concluded that the misconduct charges were sustained against Cpl. Wyckoff? This CJSTC 78 form was filed on September 27, 2005, approximately six weeks after the August 18, 2005 email exchange between Jones and Modzelewski.
Did Modzelewski file a CJSTC 78 report to FDLE attesting that he conducted an internal affairs investigation on Cpl. Wyckoff after stating in a August 18, 2005 email that he had never conducted such an investigation? Was this done as a favor to Attorney Nancye Jones because Cpl. Wyckoff was "squawking" (see email) about his due process rights being violated? Please review the documents and make your own conclusions.
Also in the August 22, 2005 letter, Assistant County Attorney Nancye Jones appears to assure Wyckoff that Volusia County has no "active campaign" to criminally charge him with workman compensation fraud. How interesting -- we ask the reader to examine a November 21,2005 email exchange between Attorney Jones and then County Personnel Director Mike Lary. Does it appear to you, the reader, that Nancye Jones and Mike Lary are discussing a workman compensation settlement with Wyckoff while also discussing the option to seek criminal charges against him? Can they (Jones and Lary) have it both ways - can they believe that Cpl. Wyckoff is guilty of fraud and be considering settling the workman compensation case?
In our June 14, 2010 Public Records Request, we ask for all the paperwork associated with the internal affairs investigation on Cpl. Wyckoff involving the alleged workman compensation fraud. Here is the sum total of what we received.
Notice that within the above documents is the summary from Cpl. Wyckoff's Personnel Board. Is the county attempting to state that the personnel board hearing was Wyckoff's internal affairs investigation as required by F.S. 943.1395(5)? How can it be - personnel boards are at the request of the employee and NOT the employer. The personnel board is an appeal process - the county even clearly states this on page 2 of the personnel board summary.
Also, the reader will find Cpl. Wyckoff's October 14, 2002 intent to terminate letter. Does this meet the statutory requirements of an internal affairs investigation? The terminate letter does not appear to be the investigative process, but rather the response to the finding of a investigative conclusion.
Further Florida Statute 112.533 requires that any law enforcement or correctional agency establish and put into operation a system for the receipt, investigation, and determination of complaints received by such agency from any person. Therefore, since Cpl Wyckoff's department did have an internal affairs division ran by Captain Modzelewski, should there not be an internal affairs case on Cpl. Wyckoff?
It is interesting that Cpl. Wyckoff was apparently found to be guilty of charges surrounding a workman compensation case that the county was actively seeking a settlement on. Further of interest, the internal affairs investigator Captain Modzelewski apparently thinks nothing of submitting an official form (CJSTC 78) to FDLE stating that he sustains misconduct by Cpl. Wyckoff, that Modzelewski openly admits to Attorney Jones that he, Modzelewski had no involvement in.
In our PRR-061410 to Volusia County, we clearly requested that we be provided with any Internal Affair case number that was assigned to this alleged investigation conducted by Modzelewski and so memorialized in the filing of his September 27, 2005 CJSTC 78. So far, no such IA case number has been provided. However, verbally we have been advised, in confirmation of Captain Modzelewski's email conversation with Attorney Jones, that no IA investigation was conducted.
This Wyckoff situation appears to be just another example of agenda driven "investigations" at the Volusia County Department of Public Protection.
The county Wyckoff agenda appears to have been to use criminal charges to gain a better legal position in an active workman compensation settlement. It appears to us that the probability exist that fraudulent paperwork was filed to FDLE by county officials in support of this agenda.
Unfortunately, the Wyckoff matter does not appear to be an isolated incident.
How can we forget the Fire Service sexual harassment fiasco. Several ranking fire service supervisors were disciplined for allegedly not REPORTING (not that they engaged in sexually harassment)up the chain of command. A review of the paperwork attached to this incident clearly shows that Captain Modzelewski was aware of the alleged sexual harassment at least six month prior than the fire service supervisors involvement. In fact the alleged victim of the sexually harassment apparently personally advised Modzelewski of her allegations. It would further appear that Modzelewski advised the alleged victim that he would follow up on her allegations. Apparently, he never did - at least not until the whole situation blew open again (six months later). Here is a link to the VolusiaExposed.Com Fire Service Sexual Harassment Sexual Scandal.
In 1986, Volusia County hired an employee while the employee was apparently illegally in the country. The employee apparently used falsified social security and educational documents to secure employment.
Two important observations: First, what kind of background checks are being conducted by VCDPP? In our opinion, Deputy Barney Fife could do much better background investigations. Are the quality of these background investigations an example of how their internal affair investigations are being conducted? Second, even after they found out that this man had provided falsified paperwork to obtain employment, VCDPP hired him as a certified law enforcement officer. SIMPLY UNREAL !!!
Is there really any surprise that VCDPP appears to be having a problem trying to figure out how many of their Beach Patrol police officers were engaging in underage sex? We believe it is time for Volusia County officials to be making that call to Sheriff Andy Taylor to have Deputy Fife assist them in figuring out some solutions to these matters. Forget calling the Mount Pilot Police (aka FDLE) they are simply not interested.
And lastly let's not forget the jail inmate death investigations. Where officers can apparently submit fraudulent paperwork with little to no disciplinary / criminal action.