VOLUSIA EXPOSED

VOLUSIA EXPOSED.COM

Did the VCSO / County violate County Merit Rules in the demotion / suspension of Deputy Michelle Newman?

Are such violations of County Merit Rules common practice?

Updated
January 8, 2013

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

COUNTY MERIT RULES

Volusia County employee conduct and disciplinary procedures are governed by a set of rules and regulations commonly known as County Merit Rules.

Deputy Newman was demoted and suspended, in response to her sustained violations of County Merit Rules.

Interestingly, Deputy Newman had two violations of County Merit Rules, Section 86-453 sustained against her.

However, county officials also have to comply with the requirements of Merit Rules. In particular, under Section 86-452, they must obtain the concurrence of both the county legal department and the county personnel director, prior to taking adverse disciplinary action against an employee.

We (VolusiaExposed) were interested in whether the appointing authority (VCSO) consulted and gained the concurrence of the county legal department and the county personnel director before taking final disciplinary action against Deputy Newman.

Sec. 86-452 - COUNTY MERIT RULES
Authority for disciplinary action.

"Generally, the appointing authority is authorized to apply such disciplinary measures as may be appropriate and necessary.
In the cases of reduction in pay, suspensions, demotions and dismissals, the appointing authority shall first consult and gain the concurrence of the legal department and the personnel director before taking final action.
This requirement for concurrence is not intended to relieve the appointing authority of responsibility nor to preclude the immediate suspension of an employee when an emergency situation or other circumstances make it impractical to obtain prior concurrence."

NO DOCUMENTATION IN SUPPORT OF CONCURRENCE?
VolusiaExposed made two public record requests (see below emails) for any documentation that would memorialize either the concurrence of the county legal department or the county personnel director, regarding the adverse disciplinary action taken against Deputy Newman.

It would appear, that per the county's responses, that no written concurrences were obtained from either county legal or the county personnel director.

Things that make you go Hmmmm..... !?

Therefore, does it appear, that the VCSO itself, violated Volusia County Merit Rules, in the filing of their disciplinary action against Deputy Newman for her sustained violations of the very same set of rules?

All of this, kinda reminds us of the VCSO Captain Osowski investigation. VolusiaExposed.Com advised the VCSO, that their disposition of the Captain Osowski investigation was NOT in apparent compliance with Florida Statute 943.1395(5). Initially, the VCSO maintained that their disposition WAS within statutory mandates, however, later they (VCSO) modified their position. (see below web link for details)

Did Deputy Newman deserve disciplinary action? Based on the sustained charges, disciplinary action appears to have been necessary. However, we believe, that State and County mandates should have been followed. In the above link, we discuss our concerns regarding State mandates (all witnesses not being interviewed).

"The best predictor of future behavior
is relevant past behavior." - Dr. Phil

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SNAP SHOT

Sheriff Ben Johnson

Three things that Sheriff Johnson and U.S. General George Patton share in common
Their appreciation of tanks, their temper, and their mistrust of the media.

Sheriff Ben Johnson's opinion of why a
Daytona Beach News Journal reporter
attended a political debate.

Sheriff Johnson claiming that
he is being politically ambushed

Sheriff Johnson claiming that
he does not drink.
(October 2012)

While VolusiaExposed, obviously has many concerns on the current administration of the Volusia County Sheriff Department, like General Patton, we do respect Sheriff Johnson's devotion to his beliefs, positions and his service.

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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.

SARASOTA HERALD-TRIBUNE'S
SPECIAL INVESTIGATIVE SERIES ON LAW ENFORCEMENT CORRUPTION

by Matthew Doig and Anthony Cormier

Additional concerns surrounding the
Volusia County Sheriff's Department

We look forward to your comments on this situation.
Drop us a line to let us know what you think.

EMAIL US

Sex Crimes
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?

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DID A CONFLICT OF INTEREST
INFLUENCE THE JAIL'S
RAPE INVESTIGATION?

Assistant County Attorney, Nancye Jones handles many of the litigations coming out of the Volusia County jail.

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.

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The Failure of the FMJS Jail Inspection Process, Florida needs to return to the independent FAC 33-8 Inspection Process.

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