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DON'T SHOOT THE MESSENGER !!

THE VCSO CONCLUDES THEIR FRATERNIZATION INTERNAL INVESTIGATION.

APPARENTLY, AN ANONYMOUS COMPLAINT EQUATES TO "UNFOUNDED" CONCLUSIONS.


Updated
October 11, 2012
"As any of you know, in law enforcement, if a superior officer gives you an order, unless it's unlawful, you are required to obey it,
whether you work for that superior officer or not, or you are insubordinate and subject to discipline....."

Assistant Volusia County Attorney, Nancye Jones - during VCBP Captain Gardner's April 2012 Personnel Board hearing.




THE COMPLETED VCSO FRATERNIZATION "INVESTIGATION"
Sex, extra-martial affairs and the VCSO


This past August (2012), VolusiaExposed posted an article referencing anonymous allegations received by us (VX). In that article, we stated that the VCSO has opted to formally investigate those anonymous allegations.

VolusiaExposed's August 2012 article

Click here - THE ANONYMOUS EMAIL / ALLEGATIONS

The VCSO has notified VolusiaExposed that their investigation has been completed with an "unfounded" status being attached to all allegations. We invite you (our readers) to review the below attached Report of Investigation (ROI) that was prepared by the VCSO's Internal Affairs division which documents their rationale in support of their conclusions.

VCSO Report of Investigation

After VolusiaExposed sent the VCSO the anonymous complaint, and during the "investigation" of said complaint - the VCSO developed a anti-fraternization policy. We invite our readers to review this new policy.

Apparently, these anonymous allegations rose to the level, to wit the VCSO thought that they needed a policy to address fraternization within the agency.

VCSO NEW anti-fraternization policy

The Kill the Messenger Approach

Ironically, even though this internal investigation inspired the formation of anti-fraternization policies within the agency, the VCSO appears to negate the importance of the allegations, by inferring that the allegations are not credible, due to VolusiaExposed's involvement in simply delivering the allegations to the VCSO.

Notice that on Page 10 of the VCSO Investigative Report, it is alleged that VolusiaExposed has a rather long history of being critical and hostile towards the VCSO.

Page 10 of the VCSO Fraternization investigative report

VolusiaExposed openly admits that we have been constructively critical of the VCSO. However, we believe that our criticism has allowed the VCSO to correct some mistakes in judgement, or given them the opportunity to identify and address a weakness within their agency.

Two rather quick examples in support of our opinion, would be the Captain Osowski incident, and this instant situation, whereas the VCSO developed a long over due anti-fraternization policy.

VCSO email acknowledgement that VX's position
on the Capt. Osowski matter was correct


The Captain Osowski Scandal

Marion County Sheriff vs. Volusia County Sheriff
styles of "investigations".


Currently, the Marion County Sheriff Department also has an on going sex scandal. It has been alleged that a Deputy Kuhn was engaging in sex while on duty. Deputy Kuhn was a candidate for sheriff in the pending elections - but has since resigned from the MCSO and has abandoned his campaign.

The MCSO is apparently conducting their own internal investigation and has requested that the Florida Department of Law Enforcement investigate any criminal activities attached to the allegations.

It is against the Florida Moral Character Standards for an law enforcement officer to engage in ANY sexual conduct while on duty. Further, criminal violations could be attached to such behaviors.

Florida Administrative Code 11B27.0011
Moral Character Standards for Law Enforcement Officers


CFNews13 article
Marion County Sheriff Department's Sex Scandal


WKMG article
FDLE investigates extra-martial affair at the MCSO


The Marion County Sheriff Department has also suspended three deputies pending the completion of the investigations into former Deputy Kuhn alleged misconduct. They (the MSCO) appear to be taking these allegations seriously. At the very least, the MCSO has welcomed FDLE's assistance, and has not accused the complainant or messenger of being too critical or hostile towards the agency.

Memo from MCSO
suspending deputies pending completion of investigation



THE COUNTY BEACH PATROL
CAPTAIN GARDNER INQUISTION



Assistant County Attorney Nancye Jones argued during VCBP Captain Rich Gardner's April 2012 County Personnel Board Hearing, that he was Officer Cara Gittner's supervisor, regardless if she was NOT assigned to his direct supervision.



Assistant County Attorney Nancye Jones stated that the Capt. Gardner investigation was started over an anonymous allegation.



Assistant County Attorney Nancye Jones argued during the Gardner hearing that such departmental relationships are bad for the agency's morale.


Assistant County Attorney Nancye Jones again stated that the Captain Gardner investigation was started over an anonymous complaint.


Assistant County Attorney Nancye Jones argued that Captain Gardner's sexual relationships with subordinates caused the perception of favoritism within the Beach Patrol staff.


EMAIL US







Volusia County's fraternization investigations
The Beach Patrol vs. The VCSO
Different spanks for different ranks?


In late 2011, Volusia County Government received an anonymous letter alleging allegations of fraternization between Beach Patrol Captain Rich Gardner and two of his subordinates.

The anonymous letter attached
to the VCBP Captain Gardner investigation


However, because of this anonymous complaint, the County of Volusia started a VERY DETAILED investigation in the allegations contained in the complaint.

County employees were required to submit their PRIVATE cell phone and text message records to Volusia County investigators.

In the videos attached to this web page (see upper right side of page), as well as the one attached within the below web link, Assistant County Attorney Nancye Jones argued that the county had an obligation to request those records, in order to ensure the morale of the agency.

VolusiaExposed's
Article on the Capt. Gardner investigation


Ironically, then Public Protection Director Mike Coffin ordered this investigation into those anonymous allegations against Captain Gardner. Shortly thereafter, Mr. Coffin returned to the VCSO as it's Chief Deputy and found himself under similar anonymous allegations.

We now invite you to read Chief Deputy Coffin's merely six minute "investigative" interview in the anonymous allegations against him. Please note Mr. Coffin's opinion about "anonymous allegations" - does he believe they should be investigated?

"Some of the reasons why I think the county should NOT accept or adjudicate third party anonymous or confidential complaints is because it lessens the liklihood that these frivolous complaints or complaints filed with ill will or malice will come before the Sheriff."-Chief Deputy, Mike Coffin
Chief Deputy Coffin's testimony

Apparently, Mr. Coffin's attitude about anonymous allegations has changed, less than a year after ordering that a full internal affairs investigation be opened on Captain Gardner based on very similar and vague anonymous allegations.

It's true, both sets of anonymous allegations initially had no supportive documentation. However, unlike the VCSO investigation, the county's investigation sought out supportive documentation in order to support the anonymous claims.

Were Deputy Chief Coffin or VCSO Major Robert Jones ordered to produce their private cell phone or email records? The documentation does not support that anyone attached to the VCSO investigation was required to produce such evidence. In fact, the documentation supports that the suspect officers were merely quickly questioned on whether they committed the alleged acts, and with a responsive in the negative, the "investigation" was quickly closed.

Interestingly, VCSO Major Robert Jones was also mentioned in the anonymous complaint. He is the husband of Assistant County Attorney Nancye Jones, the very same attorney that prosecuted the county's case against Beach Patrol Captain Rich Gardner.

Attorney Jones' position on anonymous complaints and the county's obligation to properly investigate them, to include demanding private cell phone and email records of county employees can be clearly seen in her video taped comments during Captain Gardner's April 2012 County Personnel Board.

Now we invite you to review Major Jones's five minute investigative interview - apparently Mr. Jones doesn't share his spouse's opinion regarding anonymous complaints. OR do they, depending on who the anonymous allegations are identifying?

VCSO Major Robert Jones' testimony


FINAL THOUGHTS

So, do you, as the reader, believe that the VCSO investigated the anonymous allegations to the same level, as the County investigated similar anonymous allegations against Captain Gardner?

If not, why?

Could the answer be, that there exist an on going conflict of interest between Attorney Jones' and Major Jones' involvement in the Volusia County Sheriff Department?

Should Major Jones be supervising in-custody death investigations at the jail, when Attorney Nancye Jones represents the jail in many legal matters?

Should Attorney Jones represent the VCSO against allegations of false arrest or excessive use of force, when her spouse is third in command and supervises the deputies attached to the civil allegations?

We are not implying that the Jones' are intentionally manipulating investigations? But in the same spirit, in which Mrs. Jones noted that Captain Gardner's alleged misconduct was harming the morale of the Beach Patrol, we suspect that their conflict of interest is harming the morale and objectiveness of VCSO personnel.

Will our concerns be addressed? We doubt it, it's easier for the VCSO to dismiss us as critical and hostile.

Page 10 of the VCSO Fraternization investigative report



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ATTORNEY JONES
CONFLICT OF INTEREST WEB LINKS


Conflict of interest- Knudsen v Volusia County

In-Custody jail deaths being manipulated?

The Inmate Tracy Veira in-custody death lawsuit - PDF format



OTHER SUPPORTIVE DOCUMENTS

VCSO Sexual Harassment policy

VolusiaExposed's email to VCSO advising them of the allegations

VCSO's email requesting to review the anonymous allegations

VolusiaExposed's email to County Personnel Director, Mr. Tom Motes

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

UNFIT FOR DUTY
by Matthew Doig and Anthony Cormier
Tarnished badge, flawed system
Police unions / political clout
Predator in uniform?
What the personnel files reveal
Problems and solutions
Flagrant abuses invite little scrutiny
Problem officers still find work
How serious offenses go unreported
Sworn to protect....their pensions
Governor investigates CJSTC