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Are There Conflict Of Interests Within The Volusia County Personnel Board? Are There Indicators Of Possible Coercion, Collusion And Unfair Advantage In The Appointment Of Some Board Members? |
September 5, 2013 |
but most pick themselves up and hurry off as if nothing happened."
Winston Churchill
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CCR - Bad Moon Arising Video can be stopped by clicking the pause button |
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AKA (by county employees) - Kangaroo Court Do Conflict Of Interests Thrive Within The Personnel Board?
The Volusia County Personnel Board is the "civil service" body for all county employees. One of the duties of this board is to hear disciplinary appeals. Another duty is to hear allegations of discrimination.
Per the Volusia County Charter, the board members are appointed by the Volusia County Council. This article will explore and also question whether two particular board members can maintain a fair and impartial perspective. Within the ranks of county employees, the personnel board is sometimes referred to a "kangaroo court". We ask our readers to review the below concerns, and to form their own opinions on whether this board has biases that would preclude a fair and just verdict or decision. If after reading this rather short article, you are convinced that this board has been compromised by such biases, then you must also conclude that the county's system for the prevention of any type of discrimination has also been fatality compromised. |
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Does A Conflict Of Interest Exist? In the summer of 2012, VolusiaExposed posted the below articles questioning whether former Volusia County Councilman, Dwight Lewis' appointment to both the Personnel Board and the Growth Commission was a violation of either the Florida State Constitution or the County Charter. Initially, the Volusia County Legal Department denied the merits of our concerns. However, the county eventually acknowledged our concerns, by accepting Mr. Lewis resignation from the Growth Management Commission. VolusiaExposed then posted the below follow up article. VolusiaExposed July 2012 Follow Up Article 
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Conflict of Interest Documents |
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Conflict Of Interest ? VolusiaExposed has recently been advised that Mr. Lewis' spouse, Lisa Lewis is a high ranking supervisor within the Volusia County Department of Elections. So what happens if Mrs. Lewis, or Election Supervisor, Ann McFall ever has to take disciplinary action against an employee? Will Mr. Lewis have to recuse himself? Will other Personnel Board members ability to render an unbiased decision also be affected by this apparent conflict of interest? Further, since Mrs. Lewis' paycheck and career is directly tied to Volusia County Government - would it be reasonable to question whether Mr. Lewis' board decisions are being improperly influenced by his spouse's career goals? It is inappropriate for VolusiaExposed to question Mr. Lewis' appointment to the County Personnel Board? County officials might answer "Yes", but then again we suspect that in the 1920's and 1930's, Volusia County officials believed that Mary Bethune's concerns were also inappropriate. |
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In the above linked Volusia County Government sponsored website, the county reminds us of Volusia County government's past corrupt practices of the 1920's and 1930's.
In fact, the above linked website states that Volusia County was the second most corrupt county in the entire nation - just behind Kirk County, Illinois. * We suspect the website meant to refer to "Cook County, Illinois" and NOT "Kirk County".
In the end, VolusiaExposed holds the opinion that Volusia County Government is currently more akin to the 1920s, then it is to the 21th century. An example in support of this opinion, is the fact that VolusiaExposed had to point out to county officials, that the appointment of Mr. Lewis to both the Volusia County Growth Management Commission and the County Personnel Board was a violation of the county charter.
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Does A Conflict Of Interest Exist? Recently, Dr. Fran Duvall was appointed to the Volusia County Personnel Board. Dr. Duvall is more than qualified to hold this position. However, she may have some issues, beyond her control, that would unfairly bias some Volusia County employees. Local records tend to support that in 2005, her son, Gregory was arrested by the Volusia County Sheriff Department of second degree murder. Gregory Duvall is currently serving a 30 year sentence in Florida State Prison. Each and every Volusia County deputy and corrections officer will have to evaluate for themselves whether Dr. Duvall can fairly evaluate their appeal. |
Conflict of Interest Documents |
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Being "Creative" With Disciplinary Actions Back in 1991, Francis "Terry" Moore was the director of the Volusia County Jail. Mr. Moore eventually became the director of the entire Department of Public Protection. VolusiaExposed invites you to review the minutes of an October 1991 administrative meeting within the Volusia County jail. On page three of these minutes (see to the right of web page) - Mr. Moore advises his administrative staff that he wanted all disciplinary actions to be non-appealable - because he believed that the county would not "win" any appeals from the current personnel board. Shortly thereafter, the county took steps to appoint a personnel board more to their liking. |
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Does The County Routinely Violate The Ex Parte Restriction? In short, the Ex Parte Communication prohibition is suppose to ensure that one party does not attempt, outside the scheduled hearing, to argue the merits of their case, absent the opportunity of the other party to participate in a rebuttal. Volusia County Personnel Board rules prohibits Ex Parte communications. For your review we have provided you a complete copy of the Personnel Board rules. (see attached scroll box)
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Communications Permitted |
Volusia County officials routinely send (prior to the day of the board hearing) the entire Personnel Board an investigative packet. This packet routinely includes the termination letter and / or the internal investigative report.
These above described documents are usually entered into evidence (by the County) during the board hearing. Evidence that the Personnel Board's members have reviewed days prior to the hearing. Imagine, if the State Of Florida had sent perspective jurors their entire cache of evidence they intended to present against George Zimmerman weeks before the trial.
During the Captain Gardner hearing (April 2012), the County additionally sent the above letter (see scroll box) to the Personnel Board members outlining their case arguments. The letter was sent via email, one board member had it hand delivered to her home on April 9, 2012 by a County staffer. The Gardner board hearing was held on April 12th and 13th - thus giving Gardner's attorney little to no time to respond, assuming the attorney even had the ability to have his response delivered to all of the board members.
A review of this letter will also verify that the board was sent a copy of Captain Gardner's disciplinary notice. Is all of this Ex Parte communication? We (VolusiaExposed) believe it is - how about you?
On September 20, 2013 - the Personnel Board for Correctional Officer Nate Schneider and Sgt. Ben West has been scheduled between the hours of 9:30 - 11:30 AM. Why only two hours? Maybe, because the County has already effectively argued their case via Ex Parte communications?
These board meeting are open to the public, come pull up a chair and see for yourself!
So much for following true merit principles and the Personnel Board rules !
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
These above described documents are usually entered into evidence (by the County) during the board hearing. Evidence that the Personnel Board's members have reviewed days prior to the hearing. Imagine, if the State Of Florida had sent perspective jurors their entire cache of evidence they intended to present against George Zimmerman weeks before the trial.
During the Captain Gardner hearing (April 2012), the County additionally sent the above letter (see scroll box) to the Personnel Board members outlining their case arguments. The letter was sent via email, one board member had it hand delivered to her home on April 9, 2012 by a County staffer. The Gardner board hearing was held on April 12th and 13th - thus giving Gardner's attorney little to no time to respond, assuming the attorney even had the ability to have his response delivered to all of the board members.
A review of this letter will also verify that the board was sent a copy of Captain Gardner's disciplinary notice. Is all of this Ex Parte communication? We (VolusiaExposed) believe it is - how about you?
On September 20, 2013 - the Personnel Board for Correctional Officer Nate Schneider and Sgt. Ben West has been scheduled between the hours of 9:30 - 11:30 AM. Why only two hours? Maybe, because the County has already effectively argued their case via Ex Parte communications?
These board meeting are open to the public, come pull up a chair and see for yourself!
So much for following true merit principles and the Personnel Board rules !
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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  |