| VOLUSIA EXPOSED.COM |
|
|
The Termination of Holly Hill Police Officer Gary Ward. Did HHPD AND FDLE Properly Process The Misconduct Allegations Against Ofc. Ward? |
June 16, 2014 |
"Police throughout the United States have been caught fabricating, planting, and manipulating evidence to obtain convictions where cases would otherwise be very weak. Some authorities regard police perjury as so rampant that it can be considered a "subcultural norm rather than an individual aberration" of police officers."
|
The Arrest Of Ofc. Ward
Police reports support that on October 10, 2013 - Holly Hill Police Officer Gary Ward was arrested by Daytona Beach PD under the charge of battery (domestic), in violation of Florida Statute 784.03. Fortunately for Ofc. Ward, by October 30, 2013 - the local State Attorney's office filed a "No Information" announcement with the Clerk of the Court indicating their intentions NOT to prosecute. The Termination Of Ofc. Ward On the same date of Ward's arrest, Police Chief Mark Barker sent the Holly Hill city manager a letter, recommending the termination of Ofc. Ward's employment. Due to Ofc. Ward's probationary status with the HHPD, his termination could be concluded without cause or explanation. Ofc. Ward's employment was terminated. HHPD's Obligation To Investigate While Ofc. Ward was a probationary employee with the HHPD, he did maintain a Florida Law Enforcement Certification. |
Ofc. Ward Was Arrested On October 10, 2013 By Daytona Beach Police For Violation Of F.S. 784.03 (Domestic Violence) Scroll Down To Review Pages Download PDF Copy Of Complete Arrest Report    |
In order to maintain a Florida Law Enforcement Ceritifcation, the subject officer MUST maintain certain moral character standards.
These standards are defined in Florida Administrative Code 11B-27.0011.
According to the mandates of FAC11B-27.0011, an arrest for felony battery (F.S. 784.03) is a possible moral character violation. (must be sustained via an internal investigation)
Per FAC11B-27, as well as Florida Statute 943.1395(5), a law enforcement agency MUST conduct an internal investigation into suspected moral character violations, regardless, whether the subject officer was criminally prosecuted or not.
F.S. 943.1395(5) The employing agency must conduct an internal investigation if it has cause to suspect that an officer is not in compliance with, or has failed to maintain compliance with, s. 943.13(4) or (7). If an officer is not in compliance with, or has failed to maintain compliance with, s. 943.13(4) or (7), the employing agency must submit the investigative findings and supporting information and documentation to the commission in accordance with rules adopted by the commission. The commission may inspect and copy an employing agency’s records to ensure compliance with this subsection.
It's important to understand - that this internal agency investigation MUST be completed by the employing law enforcement agency. In the Ward arrest, the employing agency was Holly Hill PD, the arresting agency was Daytona Beach PD. The arresting agency's investigation can NOT be used in lieu of this independent internal investigation.
Should the agency's internal investigation sustain a moral character violation against the subject officer, per FAC11B-27, the agency must submit a completed CJSTC 78 form to the the Criminal Justice Standards And Training Commission (CJSTC).
The CJSTC is the licensing authority for all Florida law enforcement and corrections officers. The CJSTC is to law enforcement, as the Florida Bar is to attorneys. CJSTC is a subsection of the Florida Department of Law Enforcement.
HHPD States That They Did NOT Conduct A Internal Investigation
Did FDLE / CJSTC Fail To Enforce The Mandates Of FAC11B-27 / Florida Statutes?
Once again, since Ofc. Ward was arrested for battery, a possible moral character violation, the HHPD should have conducted an internal investigation.
VolusiaExposed.Com sent Holly Hill Police Chief Stephen Aldrich an email on May 27, 2014 inquirying whether HHPD had conducted the mandated internal investigation into Ofc. Ward's arrest. (Police Chief Mark Barker retired in December 2013)
Police Chief Aldrich responded (see email), stating that the HHPD had NOT conducted the mandatory investigation into Ofc. Ward's arrest. The chief's rationale for not conducting the investigation, was that Ward was a probationary employee.
VolusiaExposed.Com also received an email response from FDLE that the HHPD never submitted a CJSTC 78 form.
While both FDLE's and HHPD's emails attempted to suggest that Ofc. Ward's arrest did not mandate an HHPD internal investigation, or the filing of a CJSTC 78 form, the mandates of FAC11B-27 and F.S. 943.1395(5) clearly indicate differently. In fact, a May 2012 CJSTC Professional Compliance Bulletin (see pages 3-4) clearly states that "regardless of the officer’s employment status with the agency, Commission rule requires that an investigation be completed and sustained allegations forwarded to Commission staff".
CJSTC DID Take Disciplinary Action Against Ofc. Ward.
But Did The CJSTC Have Lawful Authority For Their Action?
Interestingly, absent any internal investigation by the HHPD, or a CJSTC 78 form being filed with the CJSTC, the CJSTC took disciplinary action against Ofc. Ward's law enforcement certification by issuing him a Letter of Acknowledgement on March 20, 2014.
It is of further interest that FDLE employee R. Stacy Lehman authored the Letter of Acknowledgement. Mr. Lehman is also listed as the contact person, in the above linked May 2012 CJSTC Professional Compliance Bulletin, in which the mandates of FAC11B-27 are so clearly defined, but were not adhered to in the Ward matter.
Staff at VolusiaExposed.Com have routinely been advised by CJSTC personnel, that CJSTC does NOT have the authority to conduct an independent investigation into alleged officer misconduct. That they (CJSTC) must determine their actions against a law enforcement officer's certifications based solely on the employing agency's investigative findings.
Since HHPD did not conduct an investigation into Officer Ward's alleged misconduct, and since Officer Ward was never criminally prosecuted - how does CJSTC have a sustained violation of moral character, in order to support their Letter of Acknowledgement?
Further, Florida law enforcement officers under investigation for misconduct have certain statutorial rights granted to them. Were Officer Ward's rights violated?
The CJSTC 61 Form
More Evidence Of A Cover-Up By HHPD & CJSTC Officials
Okay, we (VolusiaExposed) have explained the CJSTC 78 form. It must be submitted by the employing law enforcement agency to CJSTC / FDLE, should the employing agency sustain a moral character violation against a law enforcement officer.
Let's discuss another CJSTC form - the CJSTC 61 form.
The CJSTC 61 form must be submitted by the employing agency to the CJSTC upon a law enforcement officer's separation of employment with the agency. For our military readers, it equates to a DD-214.
The CJSTC 61 forms are filed in ALL types of employment separations - retirements, transfers, deaths, and terminations for disciplinary reasons. Interestingly, HHPD filed Officer Ward's CJSTC 61 form indicating that he was terminated for violation of an agency (HHPD) policy, NOT involving a moral character violation as defined in FAC11B-27.0011.
Ward's CJSTC 61 form is in clear contradiction to Police Chief Barker's October 10, 2013 letter recommending Ward's termination due to his arrest (a moral character, as defined in FAC11b-27.0011 - IF sustained during an internal investigation).
In the end, VolusiaExposed.Com wonders under what authority CJSTC took disciplinary action against Ofc. Ward. CJSTC had neither a sustained moral character violation via CJSTC 61 / 78 forms, or a criminal conviction.
VolusiaExposed.Com made contact with FDLE / CJSTC public information officer, Steve Arthur. During a telephone interview with Mr. Arthur, he invited us to send him an email detailing our concerns, and that he would get us some answers. We sent the attached June 8, 2014 email to Mr. Arthur. As of the posting of this article, no response to our email has been received.
Their silence speaks volumes !
FDLE - A History Of Cover-Ups
Cover-Ups And Questionable Practices Are Nothing NEW
These standards are defined in Florida Administrative Code 11B-27.0011.
According to the mandates of FAC11B-27.0011, an arrest for felony battery (F.S. 784.03) is a possible moral character violation. (must be sustained via an internal investigation)
Per FAC11B-27, as well as Florida Statute 943.1395(5), a law enforcement agency MUST conduct an internal investigation into suspected moral character violations, regardless, whether the subject officer was criminally prosecuted or not.
It's important to understand - that this internal agency investigation MUST be completed by the employing law enforcement agency. In the Ward arrest, the employing agency was Holly Hill PD, the arresting agency was Daytona Beach PD. The arresting agency's investigation can NOT be used in lieu of this independent internal investigation.
Should the agency's internal investigation sustain a moral character violation against the subject officer, per FAC11B-27, the agency must submit a completed CJSTC 78 form to the the Criminal Justice Standards And Training Commission (CJSTC).
The CJSTC is the licensing authority for all Florida law enforcement and corrections officers. The CJSTC is to law enforcement, as the Florida Bar is to attorneys. CJSTC is a subsection of the Florida Department of Law Enforcement.
Did FDLE / CJSTC Fail To Enforce The Mandates Of FAC11B-27 / Florida Statutes?
Once again, since Ofc. Ward was arrested for battery, a possible moral character violation, the HHPD should have conducted an internal investigation.
VolusiaExposed.Com sent Holly Hill Police Chief Stephen Aldrich an email on May 27, 2014 inquirying whether HHPD had conducted the mandated internal investigation into Ofc. Ward's arrest. (Police Chief Mark Barker retired in December 2013)
Police Chief Aldrich responded (see email), stating that the HHPD had NOT conducted the mandatory investigation into Ofc. Ward's arrest. The chief's rationale for not conducting the investigation, was that Ward was a probationary employee.
VolusiaExposed.Com also received an email response from FDLE that the HHPD never submitted a CJSTC 78 form.
While both FDLE's and HHPD's emails attempted to suggest that Ofc. Ward's arrest did not mandate an HHPD internal investigation, or the filing of a CJSTC 78 form, the mandates of FAC11B-27 and F.S. 943.1395(5) clearly indicate differently. In fact, a May 2012 CJSTC Professional Compliance Bulletin (see pages 3-4) clearly states that "regardless of the officer’s employment status with the agency, Commission rule requires that an investigation be completed and sustained allegations forwarded to Commission staff".
But Did The CJSTC Have Lawful Authority For Their Action?
Interestingly, absent any internal investigation by the HHPD, or a CJSTC 78 form being filed with the CJSTC, the CJSTC took disciplinary action against Ofc. Ward's law enforcement certification by issuing him a Letter of Acknowledgement on March 20, 2014.
It is of further interest that FDLE employee R. Stacy Lehman authored the Letter of Acknowledgement. Mr. Lehman is also listed as the contact person, in the above linked May 2012 CJSTC Professional Compliance Bulletin, in which the mandates of FAC11B-27 are so clearly defined, but were not adhered to in the Ward matter.
Staff at VolusiaExposed.Com have routinely been advised by CJSTC personnel, that CJSTC does NOT have the authority to conduct an independent investigation into alleged officer misconduct. That they (CJSTC) must determine their actions against a law enforcement officer's certifications based solely on the employing agency's investigative findings.
Since HHPD did not conduct an investigation into Officer Ward's alleged misconduct, and since Officer Ward was never criminally prosecuted - how does CJSTC have a sustained violation of moral character, in order to support their Letter of Acknowledgement?
Further, Florida law enforcement officers under investigation for misconduct have certain statutorial rights granted to them. Were Officer Ward's rights violated?
More Evidence Of A Cover-Up By HHPD & CJSTC Officials
Okay, we (VolusiaExposed) have explained the CJSTC 78 form. It must be submitted by the employing law enforcement agency to CJSTC / FDLE, should the employing agency sustain a moral character violation against a law enforcement officer.
Let's discuss another CJSTC form - the CJSTC 61 form.
The CJSTC 61 form must be submitted by the employing agency to the CJSTC upon a law enforcement officer's separation of employment with the agency. For our military readers, it equates to a DD-214.
The CJSTC 61 forms are filed in ALL types of employment separations - retirements, transfers, deaths, and terminations for disciplinary reasons. Interestingly, HHPD filed Officer Ward's CJSTC 61 form indicating that he was terminated for violation of an agency (HHPD) policy, NOT involving a moral character violation as defined in FAC11B-27.0011.
Ward's CJSTC 61 form is in clear contradiction to Police Chief Barker's October 10, 2013 letter recommending Ward's termination due to his arrest (a moral character, as defined in FAC11b-27.0011 - IF sustained during an internal investigation).
In the end, VolusiaExposed.Com wonders under what authority CJSTC took disciplinary action against Ofc. Ward. CJSTC had neither a sustained moral character violation via CJSTC 61 / 78 forms, or a criminal conviction.
VolusiaExposed.Com made contact with FDLE / CJSTC public information officer, Steve Arthur. During a telephone interview with Mr. Arthur, he invited us to send him an email detailing our concerns, and that he would get us some answers. We sent the attached June 8, 2014 email to Mr. Arthur. As of the posting of this article, no response to our email has been received.
Their silence speaks volumes !
Cover-Ups And Questionable Practices Are Nothing NEW
|
|
SPECIAL INVESTIGATIVE SERIES ON LAW ENFORCEMENT CORRUPTION AND THE FAILURES OF FDLE / CJSTC by Matthew Doig and Anthony Cormier |
|
-----------------------------------------------
Drop us a line to let us know what you think.
EMAIL US