HomeMy Public PortalAboutPRR 22-2868
Renee Basel
From:Bernard ODonnell
Sent:Saturday, February 12, 2022 3:43 PM
To:John Haseley
Cc:Trey Nazzaro
Subject:Public records request: Reference: Complaint made by Former GSPD Officer Felter-
Abuse of flex time-Audit results-Request for payment of owed time.
Captain Haseley.
This is an official public records request: Please forward my request to the appropriate Town Hall Official. I have CC the
Town Attorney in my request.
Please provided all documents related to the above reference complaint. All documents and or any video/audio
recordings. All emails and text messages from all involved person(s). Please advise if I or any other employee was a
subject to the allegations. Please provide the audit you had conducted. Please confirm that as part of your audit it was
determined I was owed time. Please provide the number of hours owed to me. Please advise at what point will I be
paid for the number of hours owed. Thank you.
Respectfully requested
1
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
February 14, 2022
Bernard O’Donnell [mail to: bodonnell@gulf-stream.org]
Re: GS #2868 (Complaint made by former GSPD Officer Felter)
Please provided all documents related to the above reference complaint. All documents and or
any video/audio recordings. All emails and text messages from all involved person(s). Please
advise if I or any other employee was a subject to the allegations. Please provide the audit you
had conducted. Please confirm that as part of your audit it was determined I was owed time.
Please provide the number of hours owed to me. Please advise at what point will I be paid for
the number of hours owed.
Dear Bernard O’Donnell [mail to: bodonnell@gulf-stream.org]:
The Town of Gulf Stream has received your public records request dated February 12, 2022. The
original public records request can be found at the following link:
https://portal.laserfiche.com/Portal/DocView.aspx?id=178106&repo=r-430100cc
The Town will use its very best efforts to respond to you in a reasonable amount of time with the
appropriate response or an estimated cost to respond.
Sincerely,
Reneé Rowan Basel
As requested by Rita Taylor
Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 23, 2022
Bernard O’Donnell [mail to: bodonnell@gulf-stream.org]
Re: GS #2868 (Complaint made by former GSPD Officer Felter)
Please provided all documents related to the above reference complaint. All documents and or
any video/audio recordings. All emails and text messages from all involved person(s). Please
advise if I or any other employee was a subject to the allegations. Please provide the audit you
had conducted. Please confirm that as part of your audit it was determined I was owed time.
Please provide the number of hours owed to me. Please advise at what point will I be paid for
the number of hours owed.
Dear Bernard O’Donnell [mail to: bodonnell@gulf-stream.org]:
The Town of Gulf Stream has received your public records request dated February 12, 2022. The
original public records request and response can be found at the following link:
https://portal.laserfiche.com/Portal/DocView.aspx?id=178106&repo=r-430100cc
Please be advised that the referenced complaint was verbal, so there are no video/audio
recordings, e-mails or text messages documenting the complaint.
We consider this request closed.
Sincerely,
Reneé Basel, CMC
Deputy Town Clerk
4420 BEACON CIRCLE
WEST PALM BEACH, FL 33407
Telephone: (561) 842-3000
Facsimile: (561) 842-3626
www.warddamon.com
DAMN
ATTORNEYSAT LAW
June 16, 2022
Mayor and Commissioners
Gregory Dunham, Town Manager
Town of Gulf Stream, FL
100 Sea Road
Gulf Stream, FL 33483
I. Jeffrey Pheterson, Esquire
ipheterson@warddamon.com
Re: Investigation Report — Anonymous Letter to Residents
Dear Mr. Mayor, Commissioners, and Mr. Dunham:
This Report sets forth the outline of the undersigned's fact-finding investigation at the request of
the Town of Gulf Stream, Florida ("the Town") concerning allegations of mismanagement and
supposed corruption, based upon an anonymous letter sent to certain residents in the Town
including in December 2021 ("Anonymous Letter") (copy of the Anonymous Letter is attached as
Exhibit 1). This Firm was retained by the Town in order to investigate these allegations objectively.
Subjects of the Anonymous Letter
The Anonymous Letter alleges improprieties involving certain law enforcement officers, the Town
Manager and the Mayor of the Town. There are different allegations against these different
persons, and the allegations each will be reviewed in detail separately.
The Mayor and the Town Manager.
The allegations in the Anonymous Letter which relate to the Town Manager Gregory Dunham and
Mayor Scott Morgan raise issues of mere opinion. They do not identify any specific issues of
concern which are based in specific facts. The Mayor and the Town Manager are accused of a
nonspecific "cover up" and some unspecified form of "corruption."
Some of these "allegations" simply are an expression of someone's negative opinion, and, on their
face, they involve otherwise innocuous remarks seemingly taken out of context. For example, the
Mayor is accused by the anonymous author, in a manner that is supposed to be damning, of saying
"What happens in Gulf Stream, stays in Gulf Stream." This statement is not tied to any actions of
June 16, 2022
Page 2 of 13
the others named in the Anonymous Letter. Standing alone, without context, this quote is
meaningless. This trope, which clearly is a play on the famous Las Vegas quote, is commonplace
in contemporary culture, and often repeated. If this was said by the Mayor, it is proof of nothing
improper, and certainly not proof of some knowing cover up of illegal actions by others under his
control. This is typical of the defamatory slant taken by this anonymous author in what appears to
be a smear campaign, one intended to create heat, without shedding any light on any matters of
actual public concern.
Inasmuch as the drafter of this Anonymous Letter chose to remain unidentified, there is no way to
follow up on these emotionally drafted, but largely unspecific allegations. The Anonymous Letter
contains strong words directed at these executive public servants, but no details have been provided
which could be followed up on.
Thus, the only avenue of continuing concern which could arise regarding the Mayor and the Town
Manager would be linked to actions of the identified certified law enforcement officers that they
manage. Then, if those alleged misdeeds were to be confirmed, and those misdeeds were known
to the Town Manager and the Mayor, some issues could exist. If they were aware of accusations
of wrongdoing, and then no actions were taken to investigate these allegations and, if necessary,
address these alleged misdeeds, then in that event there could be misconduct by such managerial
individuals.
However, as noted below, all of the fact -based allegations of the Anonymous Letter made against
these identified law enforcement personnel are not founded in objective facts. Thus, as to the
Mayor and the Town Manager, these non-specific allegations of corruption are found to be
meritless, and these personal accusations have no foundation in facts.
This letter appears to be an attempt to smear the reputations of these individuals, public servants,
by strongly worded accusations of nonspecific wrongdoing, without providing any particularized
factual allegations of actually doing anything wrong. Certain of these anonymous statements
constitute defamation per se under Florida law.
Defamation per se is a type of slander or defamation recognized under Florida law which
eliminates the need for proof of actual damages in a defamation case. Some statements are so
pernicious by their very nature, and so inherently destructive of one's reputation that an award of
punitive damages is obtainable without requiring any proof of any actual monetary loss or damage.
These defamatoryper se statements include, among others, 1) accusations which impute to another
a criminal offense amounting to a felony, and 2) statements which impute to another conduct,
characteristics or a condition which are incompatible with the proper exercise of his or her lawful
business, trade, profession, or office. In those instances, there is a legal presumption of injury.
Saunders Hardware Five and Ten, Inc. v. Low, 307 So. 2d 893 (Fla. 3d DCA 1974). A defamation
case will go to a jury or judge without proof of any actual damage at all, to recover punitive
damages for the intentional and reckless publication of these damaging statements.
June 16, 2022
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This legal standard is met by accusing the Mayor and the Town Manager of corruption and
personal involvement in defrauding taxpayers in these letters which were sent by the author to
numerous residents of the Town. The author intended to do serious harm to these individuals,
without doubt. That intent, based on untruths and baseless slander, may be punished in the courts.
It is not a surprise that this author is trying to hide behind this veil of anonymity.
Police Department Personnel.
Certain charges are made in this letter about police department personnel which can be investigated
(i.e., some concerns are set forth with specific factual allegations making them susceptible to
review by questioning witnesses, reviewing documents, etc.). Further, if true, these allegations
would be about significant problems which should be addressed. Thus, these statements in this
Anonymous Letter were investigated.
In summary, an objective review of the actual fact -based allegations in the Anonymous Letter does
not any reveal actual misdeeds, or corruption or any "cover up." Indeed, this is not the first time
many of these allegations were made. This Anonymous Letter contains, in part, a rehash of older
investigated non -meritorious allegations, which allegations had been raised by disgruntled ex -
employees in the past. The prior complaints were taken seriously when made, were duly
investigated, and some new procedures were put in place to address these concerns on a going
forward basis, so these procedural issues would not reoccur, as noted below. It should be noted
that nothing rose to the level of a crime or proof of public corruption.
The Fact -Based Allegations.
These fact -based allegations in the Anonymous Letter will be addressed, point by point, in this
report.
These allegations against the Town's law enforcement officers have been taken seriously by the
Town and by this investigator. If true, they would involve potential concerns that would be career -
ending offenses for law enforcement personnel, as they are criminal in nature.
The Anonymous Letter alleges that one or more of these persons employed by the Town in its
Police Department may have taken actions which would violate Section 943.13(7), Florida
Statutes. The Florida law governing certification and employment of law enforcement personnel
requires that the officers be of good moral character. If any of these allegations of wrongdoing
were sustained, or determined to be well-founded, then the Town would be obligated to (and
should) report immediately all such sustained offenses to the Florida Department of Law
Enforcement (FDLE).
As noted in more detail below, there are no findings of any violations of law, or serious violations
of policies that are sustained based on this limited review. Thus, there are no reportable offenses
to FDLE.
June 16, 2022
Page 4 of 13
These fact -based allegations are reviewed one by one, below.
The concerns of the Anonymous Letter seem focused, at first, on management in the Police
Department. There also are specific allegations leveled against Sgt. Bernard O'Donnell, a
supervisory employee in the Police Department.
Quoted Fact -Based Allegations
The factual allegations which would be susceptible to investigation in the Anonymous Letter are
set forth verbatim, immediately below, in the order in which they appear in the letter, numbered
so they each can be addressed individually.
[I.J Unlawful directives, perjury, fraud/theft and police violence against citizens and
members of the public.
The witnessing and vocal rank and file police members named a Sgt Bernard O'Donnell as
being the problematic individual.
Mr. O'Donnell has a history of citizen complaints, falsifying documents, theft and
orchestrating the fraud and felony grand theft of your taxpayer funds.
Although criminal and administrative complaints were filed on Mr. O'Donnell by police
members and citizens asking for a [sic] honest, legitimate and transparent investigation to
be done, Mr. O'Donnell still remains employed and on your streets.
[2.] Briefings and complaints [were] submitted to both Federal and State investigative
entities.
[3.] Reflecting back to a SunSentinel investigative report dated April 12, 1989 whereas
the then Gulf Stream police chief James Greer was forced to resign after a private
consulting firm called the police department leadership "out of control "
[4.] Mr Allen and Mr Haseley have benefited financially operating the department as did
chief Greer. Having two accounting books theirs and what the people of Gulf Stream see.
There are no checks and balances in place when the Mayor, Town Manager and the
Town attorney do absolutely nothing and BLOCK Federal and State investigators from
doing an inquiry.
June 16, 2022
Page S of 13
So, to summarize the factual allegations of this Anonymous Letter, they are as follows:
1. Sgt. O'Donnell has [a.] history of citizen complaints, [b.] falsifying documents, theft and
orchestrating the fraud and felony grand theft of taxpayer funds, which were reported to
the Town by the anonymous author, or others.
2. These complaints further were made to appropriate outside law enforcement agencies by
the anonymous author, or others.
3. There were serious issues in 1989 involving a former Chief of Police.
4. The Police Chief and Captain are keeping two sets of books (one deceptive and false set),
and they each are benefiting financially from this fraudulent activity, which actions on their
part, if true, would constitute a crime, a felony.
A request to the Police Department and Town Manager for all complaints of the nature set forth
above revealed only a single prior complaint being made by anyone, other than as described below.
That complaint related to a timekeeping policy concern and allegations of theft of time by Sgt.
O'Donnell involving misreporting under the overtime policies of the Town. That is discussed in
detail below.
FACTUAL FINDINGS
1. O'DONNELL ALLEGATIONS
Sgt. O'Donnell is a longtime employee of the Department. He was initially employed by the Town
as a Police Officer and subsequently was promoted to the position of Sergeant.
a. "History of citizen complaints."
Sgt. O'Donnell's personnel file reveals two complaints from citizens and one commendation. The
Chief of Police and Police Captain cannot recall any other citizen complaints regarding Sgt.
O'Donnell. No other evidence of any citizen complaints was provided by the anonymous author.
In February 2020, an informal citizen complaint was made verbally about Sgt. O'Donnell. In short,
a private investigator complained that he was approached by the Sgt., while in his car in the Town
on a private road. An incident had been reported at a nearby location involving someone writing
"Murder" and Redrum" on a car's windshield. Sgt. O'Donnell observed what he thought was a
weapon holster when the person exited his vehicle as he approached on foot. Sgt. O'Donnell sought
to confirm that the individual in fact was hired as a private investigator by the involved resident.
A pat down revealed a firearm and three magazines. The investigator was not aware he was on a
private road. He verbally complained of his treatment. Then Lieutenant John Haseley investigated
the incident after the informal complaint was made. The investigation confirmed events as
described in Sgt. O'Donnell's report. The matter was closed without disciplinary action. See
Exhibit 2.
Jame 16, 2022
Page 6 of 13
In December 2020, a verbal complaint was made by a citizen that a Gulf Stream Sergeant had
driven past him in an ATV as he walked to the beach. He stated the Sergeant "coughed at him"
several times. This was during the COVID pandemic. The resident refused to meet with Lt.
Haseley to discuss the concern. The incident was considered to be supervisory review with no
further action taken. See Exhibit 3.
In September of 2019, Sgt. O'Donnell along with Officers Todd Sutton and Raymond Battista
received a commendation from Chief Allen for their response to a missing Alzheimer's patient
which ended successfully. See Exhibit 4.
None of the incidents identified above reveal any concerning pattern of behavior on the part of
Sgt. O'Donnell. The anonymous author is not available for follow up on this point as to any other
matters, which hinders investigation of this allegation. On the available evidence, this factual
allegation of the Anonymous Letter concerning a long history of complaints is not founded.
b. "Falsifying documents, theft and orchestrating the fraud and felony wand theft of taxpayer
funds."
This is a potentially career ending accusation for any law enforcement officer. However, again,
without an accuser to provide details we can only review the information which seems to match
this potentially scandalous charge. The alleged "felony grand theft" appears to be the earlier
discussed issue with overtime usage which was raised in early 2021.
This concern was alleged orally by fornler police officer Marshall Felter to Chief of Police Edward
Allen in March 2021 - that Sgt. O'Donnell "stole" time, or, based upon time records submitted by
him, he was paid for time that he did not actually work. This allegation was taken seriously at the
time it was reported by the Chief and by the Town.
In early 2021 there was no specific written policy advising employees how to request or keep track
of overtime work. Overtime work was rarely incurred, but on occasion did happen. The practice
had been that if an officer had to work after the end of his shift based on existing requirements,
then he would tell the Sergeant on duty, who kept track of that time informally. The officer then
would leave work early on a later day that week, to equalize that time, resulting in that officer
being paid for his standard work week, which he actually worked. This was an informal policy.
For example, due to a storm, trees and limbs had fallen across AlA blocking traffic, and the Officer
who responded to that scene while the trees were removed was Officer Fidler. He stayed a short
while after the end of his scheduled shift while this work was completed, in order to permit the
other officers on the succeeding shift to work their regular duties.
Officer Felter, who then worked the night shift, reported to the Chief that he observed that rather
than three officers being present at the end of the day shift, he had only seen two officers on duty.
He apparently assumed that the absent officer had left early, but had not "clocked out" and thus
was being paid for a full shift, when he did not work that full shift. It appears he saw that as a theft
of time. That is what Officer Felter reported as to Sgt. O'Donnell.
June 16, 2022
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On March 29, 2021, within a day or two of the Felter complaint, Chief Allen issued a memo
addressing the overtime policy, requiring leave of absence forms to be used for any time worked
by any officer over the scheduled twelve-hour shift. Thus, there would be documentation of
overtime. That memo then was initialed by all of the officers in the Town in order to assure that
the new policy was known to all. See Memorandum from Chief Allen dated March 29, 2021,
attached as Exhibit 5.
Therefore, on a going forward basis, this recordkeeping issue was resolved.
As to possible issues with time records prior to that time, this allegation of theft of time by Felter
was investigated contemporaneously by Capt. Haseley. The investigation by the Department was
thorough, looking at submitted time records for all Department employees, not just Sgt. O'Donnell.
This review involved the six-month period prior to the Haseley review (10/01/20 — 03/31/21). The
time records on which employees were paid were compared with the actual call -in times to the
Department's dispatcher, reflecting the time that they reported in by radio to dispatch as being "in
service," and then again, when they reported off duty at the end of their shifts. Dispatch records
for all employees calling in 10-8 (in service) and 10-7 (out of service) for that entire period were
reviewed. These are the most accurate contemporaneous records of working time.
This review revealed that there were some small discrepancies in the time records for many
officers. Some officers were overpaid, slightly, and some were underpaid, again slightly.
A review of these records against the dispatch records revealed that Sgt. O'Donnell had been under
paid for this period for 1.15 hours of time and another police officer, Officer Fidler, had been under
paid for 2 hours (the fallen tree incident noted above). Seven other officers were over paid slightly
as revealed by the dispatch records. There were no wide disparities, and certainly no evidence of
"grand theft" was uncovered. It also does not appear that Sgt. O'Donnell was treated differently
than others on this point.
In summary, once the complaint was made by Officer Felter to the Chief of Police, it was reviewed
internally promptly at that time. That review revealed some relatively small issues based on the
then existing informal policy. Any payment discrepancies were minor. Sgt. O'Donnell, the subject
of Felter's specific complaint, and the apparent target of Felter's ire, did not "steal" any time. The
overtime recordkeeping policy was revised and put in writing to be clear in the future, and
everyone's awareness of the issues was raised in the process.
There was no evidence of any intentional "falsifying documents, theft and orchestrating the fraud
and felony grand theft of your taxpayer funds." To characterize these small timekeeping and minor
payroll errors of a 1.15 hour under reporting error in three months as felony grand theft is beyond
a serious misstatement. To raise this issue again, now months later, seems to be reflective of an
intent to injure reputations, and does not appear to be an attempt to assure more accurate time
records.
June 16, 2022
Page 8 of 13
Furthermore, some overtime discrepancies were found for nine of the ten officers surveyed. Sgt.
O'Donnell was not the only officer who apparently erred. The anonymous author singling out Sgt.
O'Donnell seems more reflective of a continuing personal issue or "beef' with the Sergeant, rather
than a good faith complaint about new information.
So, in conclusion, the allegations in issue number L, as to Sgt. O'Donnell, are not founded. There
is no ability to discuss any additional concerns with the anonymous author. Further, as this
allegation could relate to alleged complicity or a "cover up" by Captain Haseley, the Chief of
Police, the Town Manager or the Mayor, they also are not founded. The complaint of Felter was
taken seriously, there was a prompt investigation, and remedial actions occurred.
2. COMPLAINTS MADE TO OUTSIDE AGENCIES
Based upon discussions with the Town Attorney, Chief of Police, Town Manager and the Mayor,
no one from the Town has been contacted by ggy outside law enforcement agency about au
pending investigation about aU issue with the Police Department.
If any outside investigations were initiated by this anonymous author, or others, based upon the
experience of this investigator, they cannot be "blocked" by any subject of such investigation. That
is the purpose for the creation of these outside agencies, like FDLE. Again, this allegation seems
to be more of a baseless attempt to smear the reputations of these public officials by strong
language, rather than to bring to light any credible concern.
If the anonymous author actually made such a referral to any of the outside law enforcement
agencies, local, state or federal, such complaint may have been dismissed summarily by those
agencies as not being sufficiently credible or meritorious to warrant contacting the Town. Or, if
such complaints still are under investigation, they have not yet been revealed to the Town. If the
latter is true, the undersigned has received assurances from all managerial representatives of the
Town that, if such an inquiry is made, the Town will cooperate fully and openly with any and all
such law enforcement investigations. Again, as the author will not reveal himself or herself, no
more follow up may occur on this allegation.
This allegation of "blocking" or failing to cooperate with outside agency investigations is found
to be without any support whatsoever, and thus is considered to be unfounded.
3. ALLEGATIONS OF CORRUPTION FROM 1989.
The Anonymous Letter refers to an event reported in the Sun Sentinel newspaper in 1989 involving
the Town and formerly corruption allegations. No details are provided in the Anonymous Letter.
A different anonymous letter was sent to the Town Manager at Town Hall on July 28, 2021 which
allegedly was sent by "PBC Watchdog Groups." See Exhibit 6. That letter attached an article from
1989 in the Sun Sentinel about Police Chief James Greer resigning after an investigation. It does
not appear that any criminal investigations occurred at that time, and the matter was resolved by
the resignation.
June 16, 2022
Page 9 of 13
There is nothing to tie those events from over thirty years ago to any issues today. This allegation,
to the extent it attempts to raise any coherent contemporary issue, is unfounded.
4. ALLEGED FINANCIAL IMPROPRIETIES BY THE POLICE CHIEF AND
CAPTAIN
The Anonymous Letter alleges, again with no details or specific factual support, that the Police
Chief and the Captain are "keeping two sets of books," and that they somehow are personally
benefiting financially from Town funds. This allegation, if true, would be a felony under the
Florida criminal statutes.
Again, this is a potentially career -ending allegation, casually made by the anonymous author
without any details or supporting proof. This is in some ways the most serious allegation of the
Anonymous Letter, and has been taken seriously by the Town.
This allegation appears to be completely untrue, and in the setting of this Town and its existing
financial controls, the allegation appears to be impossible to be true.
Allegations of financial impropriety like this involve either money brought in to, or money sent
out of the Town. In common parlance, with allegations of theft of public funds, money is either
skimmed off prior to being entered into the Town's records, or it is improperly paid out to others,
including the embezzlers themselves. The Police Department, and its managers, have no control
over either of these processes.
The Town has a number of fiscal controls over its finances. The Town has a Finance Department
which oversees all receipts of funds and all disbursements of funds. The Finance Department is
overseen by a Finance Director, who reports to the Town Manager.
Money can only be disbursed by check or with cash. All checks are written by the Finance
Department. No checks are written or signed by Police Department personnel. None. All checks
over $1,000 are countersigned by an elected Town Commissioner. Check writing in the Town of
Gulf Stream is a secure process.
All purchases for the Police Department, as with all other Town Departments, are made through
the Finance Department, based upon budgets approved by the Town Commission. A check request
may originate in the Police Department, but it must be approved by the Finance Department in
light of the approved budget, and then further be approved by the Town Manager. The Police
Department does not even have the authority to buy postage stamps. Ordinary postage stamps are
requested from Town Hall in the Finance Department.
There is no petty cash in the Police Department. All requests for petty cash for minor purchases
are made through the Finance Department, which tracks such requests. Therefore, there is no
improper outflow of Town funds, by check or by cash from the Police Department.
June 16, 2022
Page 10 of 13
The only other possible source of cash into the Town is from payments for traffic tickets which
are sent to the Police Department by offenders who are paying their citations. Some payments are
by check and some are in cash. All such cash and checks are logged on receipt, and given to the
Finance Department when received by the Police Department.
The Town is audited each year by a certified public accounting firm. A review of the last audit
letter reveals no issues regarding cash management. This Anonymous Letter will be provided to
the auditors for their review this year, as it is an allegation of cash handling issues. The auditors
are expected to handle this allegation as deemed appropriate by them without interference from
the Town.
Consequently, the non-specific allegations of "two sets of books" from this anonymous author are
given no credibility in light of the significant financial controls which have been in place for years
at the Town. As a result, on this record this allegation also is unfounded and determined to be
without merit.
FINDINGS
Based on interviews, review of relevant documentation and the demeanor and cooperation of those
interviewed, this Investigator finds as follows:
1. There is no competent substantial evidence for the allegations made by the
Anonymous Letter against Sgt. O'Donnell. The only issue revealed involved the overtime policy,
which was reviewed internally on a contemporaneous basis, it was determined that he was under
paid, not overpaid, and any policy issues for the future were resolved by the Town, including
creation of the revised written overtime policy.
2. There is no competent substantial evidence for the allegations made by the
Anonymous Letter against Chief Allen and Capt. Haseley. They have no control over check
writing or Town funds related to operation of the Police Department. Those functions are carried
out and overseen by the Finance Department of the Town. There are annual audits of the Town by
a capable certified public accounting firm, and there have been no management comments or
concerns noted in such audit reports. This appears to be a baseless and defamatory charge, made
without any proof whatsoever. This allegation is deemed unfounded.
3. There is no support for the allegations made by the Anonymous Letter against
Mayor Morgan and Town Manager Dunham. First, the subjective allegations made against them
directly are not based in facts, but rather unspecified negative and inflammatory opinions. Second,
there is no finding of any wrongdoing by any subordinate personnel which would or should have
prompted some action on their part. Consequently, there is no basis for concern about any failure
on their part to properly manage the Town or its employees.
June 16, 2022
Page 11 of 13
CONCLUSION
In the final analysis, there is no competent substantial evidence that would support a single
one of the emotional and incendiary allegations of the Anonymous Letter. This letter appears to
be an attempt by the author to try to damage severely the reputation of these public servants based
on lies and misstatements of fact from his or her anonymous hiding place.
Who steals my purse steals trash; 'tis something, nothing;
'twas mine, 'tis his, and has been slave to thousands, -
But he that filches from me my good name
Robs me of that which not enriches him,
And makes me poor indeed.
William Shakespeare, Othello, Act 3, Scene 3
Ordinarily, this investigator does not opine on the intentions of a complainant. The
allegations either are, or they are not, founded. Things then proceed from that conclusion.
However, this Anonymous Letter is extraordinarily pernicious and it publishes allegations
which appear to be wholly uncoupled from any truthful factual basis. Certified law enforcement
officers are accused of felonies. A professional manager and an elected official are accused of
being complicit in these felonious activities and explicitly called corrupt. These are not trifling
matters. These are not matters of opinion. These are reports of crimes that either happened or did
not happen. Based upon the information available to this investigator, they did not happen.
Section 817.49, Florida Statutes, False reports of commission of crimes, states,
whoever willfully imparts, conveys, or causes to be imparted or conveyed to a law
enforcement officer or employee of a public safety agency false information or reports
concerning the alleged commission of any crime under the laws of this state, knowing
such information or report to be false, when no such crime has actually been committed,
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
The Anonymous Letter was sent to Town Hall, among other destinations, where crimes
may be reported. The Anonymous Letter clearly contains information on or a report of a crime. It
states that explicitly. The author must have known that no crime was committed, as there is not
any credible evidence of any crime brought forward or revealed here. There are only policy
clarifications and ordinary business operations revealed. Based on the available information, this
is clear and unambiguous. There is nothing to support the charges of perjury, grand theft and
misuse of public funds.
June 16, 2022
Page 12 of 13
TO THE ANONYMOUS AUTHOR
If this anonymous author sees this report (which the undersigned earnestly hopes he or she
does), and if he or she is aware of any specific facts which have not been revealed to date, then the
undersigned urges him or her to show the moral fortitude and courage to identify himself or herself,
and then stand and deliver. Show your proof. Provide details of this alleged corruption or fraud.
[To the anonymous author - if you are in law enforcement]
If these things actually happened, as a law enforcement officer, you have an affirmative
duty to report these facts, in detail, when they first became known to you, and you have an
obligation to follow up on these charges and help prove that these unlawful actions occurred. You
have not done so here.
Moreover, if these felonious activities did not occur, and you know you are just vindictively
engaged in a smear campaign, then you knowingly have made a false report of a crime, and you
should not be certified as a law enforcement officer. You committed a crime. It is that simple.
Further, if the accuser is a law enforcement officer who knowingly is making false
accusations of criminal activity, then that may have, and should have, legal implications for his/her
certification. As noted above, Florida law governing certification and employment of law
enforcement personnel requires that all law enforcement personnel be of good moral character.
Violating this above -cited criminal statute by knowingly making false charges of crimes is the
antithesis of good moral character. If knowingly baseless accusations of crimes were made, then
you should be investigated and decertified, prevented in the future from holding this position of
great public trust as a law enforcement officer.
If the anonymous author chooses not to come forward and provide additional specific facts
of concern, then these potentially career -ending but unspecific meritless allegations will be viewed
as they must, as feeble and unsupported efforts by a weak and intentionally obscured author to
attempt wreak havoc and smear people's good names from afar, without any real basis in truth to
do so. If the allegations are true, then help prove them. This is not a game.
A copy of this report is being sent directly by the undersigned to Marshall Felter, former
employee, at his last known address, as there are similarities between this Anonymous Letter and
other communications sent by Felter to the Town.
Based upon this investigation, there is no cause to believe that any of these factual
allegations of wrongdoing in this "Anonymous Letter" are sustained, or determined to be well-
founded. Consequently, the Town is not obligated to report any sustained offenses to the Florida
June 16, 2022
Page 13 of 13
Department of Law Enforcement.
Sincerely,
-7
I. Jeffrey Pheterson
IJP/sj
Enclosures
CC: Marshall Felter
Concerned Citizens of Gulf Stream,
Let me introduce myself as a member of a local Watchdog
Group. The group focuses on local government's
misconduct, corruption, mishandling of your tax payer dollars
and oversight of leadership from the Mayor down to the
janitor.
We are fair and by no means anti police or government.
With that said, Many of you were likely out of Town over the
summer months and not aware of the unethical, immoral and
unlawful acts that the Township police department leadership
has conducted themselves.
There were at first a host of allegations, finger pointing
leading to questions on how the Gulf Stream police
department was functioning and operating (or lack of) under
the leadership of the current chief (Edward Allen) and captain
(John Haseley).
More than half of the small police departments rank and file
witnessed, complained and even challenged the harassment,
unlawful directives, perjury, fraud/theft and police violence
against citizens and members of the public.
This conduct was said to have been condone by the police
leadership for many years until recently being brought to the
attention of City Officials at Town Hall including the Town
Manager Gregory Dunham.
EXHIBIT
The witnessing and vocal rank and file police members
named a Sgt Bernard O'Donnell as being the problematic
individual.
Mr. O'Donnell has a history of citizen complaints, falsifying
documents, theft and orchestrating the fraud and felony
grand theft of your taxpayer funds.
Although criminal and administrative complaints were filed on
Mr O'Donnell by police members and citizens asking for a
honest, legitimate and transparent investigation be done, Mr.
O'Donnell still remains employed and on your streets.
Mayor Morgan was heard saying, what goes on in Gulf
Stream stays in Gulf Stream is problematic in itself and
certainly not transparent or in the best interest of the Gulf
Stream residents.
Well unfortunately for the Mayor, Gulf Steam is part of Palm
Beach County, State of Florida and corruption will not go
unnoticed.
What has resulted in this revelation of unethical and criminal
conduct;
(1) A massive COVERUP by Chief Allen, Captain Haseley,
Town Manager Dunham and Mayor Morgan.
(2) Three witnessing officers with corroborating evidence
were either terminated or voluntarily left within three months
due to speaking and standing up to the incompetent and
criminal tyranny.
(3) For self preservation (protection/ rights) and legal
representation the remaining majority of police officers voted
in and the State of Florida has certified the insertion of the
Police Union better known as the Police Benevolent
Association, a collective bargaining unit.
(4) Briefings and complaints submitted to both Federal and
State investigative entities.
(5) Media groups receiving anonymous and named rank and
file statements, press releases to follow.
(6) Call for a Vote of No Confidence and removal of both Mr
Edward Allen and John Haseley.
Keep in mind that small town governments are not immune
from corruption, and historically are more prone to it.
Reflecting back to a SunSentinel investigative report dated
April 12, 1989 whereas the then Gulf Stream police chief
James Greer was forced to resign after a private consulting
firm called the police department leadership "out of control "
Mr Allen and Mr Haseley have benefited financially operating
the department as did chief Greer. Having two accounting
books theirs and what the people of Gulf Stream see.
There are no checks and balances in place when the Mayor,
Town Manager and the Town attorney do absolutely nothing
and BLOCK Federal and State investigators from doing an
inquiry.
In conclusion the people of Gulf Stream deserve respect,
trust, integrity and transparency .
With the current corrupted police administration and
COVERUP by the Town leaders, the Town of Gulf Stream will
continue to have the stigma of those facilitating it.
Petition the Town commission to vote on and bring in a
private consulting firm and coordinate a lateral criminal
investigation into the criminal allegations of Mr Bernard
O'Donnell.
We Thank You and Appreciate the residents of Gulf Stream.
GULF STREAM POLICE DEPARTMENT
OFFICE OF THE LIEUTENANT
JOHN J. HASELEY
I
DATE: 2/4/2020
REF: Citizen Informal Complaint / Administrative Review
RE: Sgt. Bernard O'Donnell / Unprofessional conduct
On January 6th, 2020 a complaint message was received at the Gulf
Stream Police reference alleged improper and unprofessional contact at
11 Hidden Harbour Dr., and 1330 N. Ocean Blvd. Case number 20-0038
and 20-0040.
The complainant Mr. John Sink of Comprehensive Investigative Solutions
advised verbally with a phone message and verbally during a returned
follow up phone call by me, as well as a written e-mailed complaint to the
Chief of Police the Following:
Summary of the incident:
On January 5th, 2020 at1157 hours, while on patrol in the North Hidden
Harbour Drive area (A private road) Sgt. O'Donnell observed a gray
Nissan sedan parked in the roadway in front of 11 Hidden Harbour Drive.
(Across the dividing hedge from 1330 N. Ocean Blvd), As Sgt. O'Donnell
approached this vehicle the driver exited and stood by the car. Sgt.
O'Donnell advised he saw what appeared to be a firearm holster tucked
into the waist of the subject.
i
d
Sgt. O'Donnell advised dispatch who responded Ofc. Sutton and Batista
as backup. Upon arrival of backup units a pat down search was
conducted, a firearm and three magazines were removed from the
subject for safe keeping.
The subject was identified and advised that he was a private security
officer for 1330 N. Ocean Blvd. Sgt. O'Donnell checked and verified the
subject's identity as Mr. Jeffery D. Tillman. Mr. Tillman's Identification was
valid for a FI Drivers License, a valid FI CCW and with the company
owner Mr. John Sinks by phone. The Investigation then ended.
Sgt. O'Donnell was advised of the Informal Citizens Complaint filed. He
was advised this complaint would be an administrative review.
Interview of Sgt. O'Donnell
1/13/20 1230 Hrs.
Ref. Case # 20-0038
I interviewed Sgt. O'Donnell as to the incident case report events of this
complaint. He freely explained and recited the events.
Sgt. O'Donnell's recital of the event was exactly as he had written in his
police incidents reports. Case numbers listed.
Sgt. O'Donnell advised he was aware of the protection detail at 1330 N.
Ocean Blvd. and was also aware of the suspicious activity case where an
unknown subject wrote the words "Murder" and "Redrum" on the victim's
back window. Sgt. O'Donnell states he was unaware the security detail
person would be located on an adjacent private road, not on the property
where the detail was this day. Upon viewing the above vehicle and
subject who appeared to be armed with a firearm, backup Officers were
requested and a pat down for Officer Safety was completed.
Sgt. O'Donnell advised his investigation of the incident was to confirm the
subject was security and not a possible suspect to the forementioned
incident. Once the subject was confirmed as a valid Security Officer and
currently employed by CIS by the company co-owner Mr. John Sinks, the
investigation was concluded.
(Sgt. O'Donnell advised a firearm and three magazines were removed
from the subject during the pat down, two of the magazines matched the
weapon type. The third did not, leading him to believe there was an
additional firearm in the vehicle. The vehicle was not searched, only the
glove box area to safely allow the subject to retrieve his identifications.)
End.
Ref. Case # 20-0040
I interviewed Sgt. O'Donnell as to the events of the second part of this
complaint. He again freely explained and recited the event.
Sgt. O'Donnell advised as stated in his report as follows: I was called
back to 1330 N. Ocean Blvd. at 1548 Hours. I was met by Mr. Adam
Burns a Co-owner of the CIS company. Mr. Burns asked if a member of
the Werhahn family could be present, I advised that's fine. A Mrs.
Geraldine Werhahn joined the conservation a short time later. Mrs.
Werhahn and Mr. Burns wanted an explanation as to what occurred
between me and his employee Mr. Tillman this morning. Based on the
tone of their voice and body language it appeared they were not happy
with my interaction with Mr. Tillman the security officer this morning. Mr.
Burns advised his security Officer was not happy with being searched this
morning. I advised Mr. Burns that if his employee thought I was
unprofessional with him in any way that he has the right to make a
complaint with my agency. I advised Mr. Burns that I contacted his
business partner Mr. John Sinks this morning reference the interaction
with his security Officer and Mr. Sinks at the end of our conversation had
no objection.
Sgt. O'Donnell's report continues: the conversation then changed to the
ongoing case investigation and that our Department was not doing
enough or giving it proper follow up. I advised Mr. Burns and Mrs.
Werhahn that I won't discuss the case with them. I stood by and listened
to them for several more minutes about what the Police should be doing.
At this time it was clear that they were not reporting any new incidents or
crimes and issued Mr. Burns my business card with this mornings case
number on it. I then left the area.
End.
Items reviewed:
Complainant's verbal interview by phone.
Complainant's written email complaint filed. (Never filed a sworn formal
written complaint).
Complaint from Mrs. Werhahn never received.
Complaint from Mr. Tillman never received.
Sgt' O'Donnell's Interview re: incident reports.
Patrol car Watchguard video from unit 761 (Officer Batista's unit) Video
only.
Gulf Stream Police Policy Manual; Professional Standards/internal
Affairs.
Case Reports 20-0038 & 20-0040
Town Map and boundaries ref. Private Roads.
State Statute 790.06 Carrying a concealed firearm / Identification must be
on person.
Conclusion:
Upon review of this incident and the information obtained, there is no
Department Policy that was violated by Sgt. O'Donnell. The initial contact
was with an unknown vehicle parked on a private roadway within close
proximity of a resident that was a victim of a suspicious incident. The
Unknown driver exited his vehicle and a firearm holster was in plain view.
For Officer Safety Sgt. O'Donnell conducted a pat down of the subject..
The subject ( Mr. Tillman) was Identified and his employment as a
Security Officer verified. Mr. Tillman's vehicle was not searched, only the
glove box area was checked prior to allowing Mr. Tillman access to obtain
vehicle identification. Officer safety in these types of encounters where a
firearm is involved is of utmost importance, especially requiring proper
identification for such firearm.
The second part of this complaint which took place at 1330 N. Ocean
Blvd. appeared to be an inquiry by Mr. Burns and Mrs. Werhahn as they
expressed their dissatisfaction with the incident that took place with Mr.
Tillman. Mr. Burns and Mrs. Werhahn also were questioning Sgt.
O'Donnell as to the Gulf Stream Police Department's handling of the
incident case # 19-2455 in which Sgt. O'Donnell was not the investigating
Officer.
Gulf Stream Officers have no Department requirement to freely give out
information on Police cases.
Exonerated Complaint.
This complaint was two fold, the first was a complaint of the actions by
Sgt. O'Donnell during the initial contact with security Officer Tillman. The
actions of Sgt. O'Donnell are true and the employee was consistent with
agency policy.
The second is of the allegations of Sgt. O'Donnell's unprofessional
demeanor during the call back and contact with Mr. Burns, these
allegations are Not Sustained, there is insufficient proof to confirm or
refute the allegations.
This incident will be closed as an administrative Review.
2/4/2020
Lieutenant John Haseley
Complainant Notification of results:
Sgt. O'Donnell notified in writing that the administrative review is
concluded with a finding not to proceed with any disciplinary action.
Mr. John Sinks of Comprehensive Investigative Solutions (CSI) advised
by e-mailed letter of the findings.
sl; Gulf Stream Police Department
Fly. 246 Sea Road
Guff Stream, FL 33483
Phone: (561) 278-8611 Fax: (561) 276-2528
Page 1 of 2
NON CRIMINAL OFFENSE REPORT
Incident Type: SUSPICIOUS INCIDENT
Location of Incident: 11 N. HIDDEN HARBOUR DR.
GULF STREAM FL 33483
Type of Premises:
HIGHWAY/ROADW.AY
Time of Call:
1157
Time of Arrival:
1157
Time Completed:
1217
Officer Injured:
NO
Date/Time Reported:
01/05/202011:57
Occurred From:
Domestic:
NO
Juvenile Involved:
NO
Reporting Officer:
SGT. BERNARD ODONNELL
Supervisor:
LT. JOHN HASELEY
Name: JEFFREY D TILLMAN
Race:
WHITE
Date of Birth:
07/11/1989
Juvenile:
NO
Occupation:
PRIVATE INVESTIGATOR
Home Address:
474 SW SAGINAW AVE
POINT ST LUCIE FL 34953
Name: JOHN SLNKS
Occupation: SECURITY PROTECTION
FIRM
FORT LAUDERDALE FL
Business Name: COMPREHENSIVE INVESTIGATION
SOLUTIONS INC
Code:
OTHER
Vehicle Make:
NISS
Vehicle Type:
CAR
Vehicle Color:
GRAY/GRAY
License Year:
2021
Zone: 3
Complaint Number: 20-0038
Processed By: SGT. B. ODONNELL
Other Units Notified: OFC'S BATISTA, SUTTON
Officer Killed/Assaulted: NO
OTHER
Sex: MALE
Employed: YES
Business Phone: (954) 650-5440
Driver's License: T455424892510 FL
OTHER
Employed: YES
Business Phone: (954) 650-5440
VEHICLE
Owner's Name: JEFFREY TILLMAN
Vehicle Model: 4DR
Vehicle VIN: 1N4AL3APSEC289410
Vehicle License #: BXLG82
Vehicle Year:2014
License State: FL
Vehicle Insured: YES
Page Z of 2 (Amplamt Number: 20-OWN
Vehicle Towed: NO
LNUDENT SUMNURY
ON JANUARY 5, 2020 AT APPROXIMATELY 1157 HOURS WHILE ON PATROL IN THE N.HIDDEN HARBOUR DR
AREA I CAME UPON A SUSPICIOUS VEHICLE. THE VEHICLE WAS PARKED AND BACKED INTO THE CUL-DE-SAC
ADJACENT THE PROPERTY IDENTIFIED AS 11 N. HIDDEN HARBOUR DR. THIS PARTICULAR ROADWAY IS
PRIVATELY OWNED, THE VEHICLE WINDOWS WERE APPLIED WITH HEAVY TINT. AS I APPROACHED THE
VEHICLE THE DRIVER EXITED THE VEHICLE. I OBSERVED WHAT APPEARED TO BE A FIREARM HOLSTER
TUCKED INTO HIS RIGHT SIDE WAIST TROUSER AREA. THE INDIVIDUAL WAS DETAINED UNTIL THE ARRIVAL
OF OFFICERS BATISTAAND SUTTON. I WAS AWARE THAT AN ONGOING CRIMINAL INVESTIGATION WAS BEING
CONDUCTED WITH REGARDS TO A RECENT INCIDENT INVOLVING THE WERHAHN FAMILY. THE INCIDENT
TOOK PLACE ON DECEMBER 24, 2019. THE CASE NUMBER IS 19-2455. INITIALLY I CONDUCTED AN
INVESTIGATORY DETENTION SO AS TO RULE OUT THE VEHICLE AND THE DRIVER AS SUSPECT IN THAT CASE.
UPON THE ARRIVAL OF BACKUP OFFICER'S I CONDUCTED A PAT DOWN SEARCH OF MR. TILLMAN. THE
FIREARM AND THREE AMMUNITION MAGAZINE'S WERE REMOVED BY ME FROM THE INDIVIDUAL AND THE
INTERVIEW CONTINUED. THE INDIVIDUAL WAS IDENTIFIED BY HIS FLORIDA DRIVERS LICENSE MR. JEFFREY
TILLMAN OF PORT ST. LUCIE, FLORIDA. MR. TILLMAN PRODUCED A VALID CONCEALED CARRY WEAPON
PERMIT ALONG WITH IDENTIFICATION REPRESENTING HIM AS A PRIVATE INVESTIGATOR AND SECURITY
OFFICER. THE VEHICLE REGISTRATION WAS VALID AND OWNED BY MR. TILLMAN. A COMPUTER CHECK OF
THE FIREARM WAS COMPLETED BY OFFICER SUTTON. THE RESULTS INDICATED NEGATIVE HISTORY. MR.
TILLMAN STATED THAT HE WAS CONDUCTING A SURVEILLANCE OPERATION AT THE REQUEST OF A GULF
STREAM RESIDENT WHOM HE IDENTIFIED AS THE WERHAHN FAMILY. THE WERHAHN PROPERTY IS JUST
NORTH OF THIS LOCATION IDENTIFIED AS 1330 N. OCEAN BLVD. THE SURVEILLANCE MISSION WAS TO
CAPTURE THE EXCHANGE AND INTERACTION WITH THE CHILDREN'S FATHER. OUR AGENCY IS AWARE AND
HAVE BEEN NOTIFIED BY A PRIVATE SECURITY FIRM THAT THEY HAVE BEEN CONTRACTED BY THE
WERHAHN FAMILY FOR PERSONAL SECURITY PROTECTION. UNTIL FURTHER NOTICE THE SECURITY
COMPANY IS PROVIDING 24 HOUR ON SITE PROTECTION. THE SECURITY COMPANY IS UNDER THE
DIRECTION OF MR. JOHN SINKS. MR. TILLMAN WAS UNAWARE THAT THE SPECIFIC AREA HE WAS PARKED IS
CONSIDERED A PRIVATE ROAD. MR. TILLMAN WAS COOPERATIVE AT ALL TIMES AND INDICATED HE WAS
INSTRUCTED BY MR. JOHN SINKS TO CONDUCT THE SURVEILLANCE AT THIS LOCATION.
I MADE TELEPHONE CONTACT WITH MR. JOHN SINKS AND MADE HIM AWARE OF THE SITUATION. MR. SINK
WAS APOLOGETIC AND ALSO UNAWARE OF THE PRIVATE ROAD ISSUE. I SUGGESTED TO MR. SINKS THAT ANY
FUTURE SURVEILLANCE MISSIONS IN THE TOWN OF GULF STREAM OTHER THAN THE WERHAHN PROPERTY
A COURTESY CALL TO OUR AGENCY WOULD BE APPRECIATIVE, MR. TILLMAN WAS PROVIDED BACK HIS
FIREARM, THREE MAGAZINE'S WITH AMMUNITION. NO FURTHER ACTION WAS REQUIRED.
THE FOLLOWING CASE NUMBER'S ARE USED AS A CROSS REFERENCE- 19-2455, 20-0028 AND 20-0040
� j T Gulf Stream Police Department
aw.
246 Sea Road
Gulf Stream, FL 33483
Phone: (561) 278-8611 Fax: (561) 276-2528
Page I of 2
NON CRIMINAL OFFENSE REPORT
Incident Type: INFORMATION
Location of Incident:
Type of Premises:
Time of Call:
Time of Arrival:
Time Completed:
Officer Injured:
Date/Time Reported:
Occurred From:
Domestic:
Juvenile involved:
Reporting Officer:
Name:
Race:
Occupation
Business Name:
SOLUTIONS INC
Name:
Race:
Date of Birth:
Home Address:
1330 N. OCEAN BLVD.
GULF STREAM FL 33483
RESIDENCE -SINGLE FAMILY
1539
1548
1622
NO
01/05/2020 15:39
NO
NO
SGT. BERNARD ODONNELL
ADAM S BURNS
WHITE
VICE PRES/INVESTIGATOR
FORT LAUDERDALE FL
COMPREHENSIVE INVESTIGATIVE
GER_ALDINE WERHAIVi
WHITE
11/19/1984
1330 N OCEAN BLVD
GULFSTREAM FL 33483
Zone:
Processed By:
3
Complaint Number: 20-0040
SGT. B. ODONNELL
Officer Killed/Assaulted: NO
Sex: MALE
Employed: YES
Cell Phone: (561) 441-5685
Business Phone: (561) 441-5685
OTHER
Sex: FEMALE
Cell Phone: (863) 605-9782
INCIDENT SUMMARY
ON JANUARY 5, 2020 AT APPROXIMATELY 1539 HOURS i WAS DISPATCHED TO THE WERHAHN RESIDENCE
LOCATED AT 1330 N. OCEAN BLVD IN REFERENCE TO A POLICE SERVICE CALL. THE INITIAL INFORMATION
PROVIDED WAS THAT AN INDIVIDUAL REQUESTED TO SPEAK TO A SUPERVISOR REFERENCE AN INCIDENT
FROM THIS MORNING. THE CALLER IDENTIFIED HIMSELF AS ADAM BURNS.
UPON MY ARRIVAL TO THE RESIDENCE I WAS MET BYAN INDIVIDUAL WHO WAS LATER IDENTIFIED BY HIS
BUSINESS CARD AS MR. ADAM BURNS. MR. BURNS IS A CO-BUISNESS OWNER WITH MR. JOHN SINKS. THE
BUSINESS IS IDENTIFIED AS COMPREHENSIVE INVESTIGATIVE SOLUTIONS, INC LOCATED IN FORT
LAUDERDALE., FL. OUR AGENCY IS AWARE THAT THEIR COMPANY IS PROVIDING PRIVATE SECURITY
CONTRACTED BY THE WERHAHN FAMILY. THE PRIVATE SECURITY DETAIL, WAS CONTRACTED BASED ON AN
rage 1 of L Uomplamt Number: 20-004U
INCIDENT THAT TOOK PLACE AT THE HOME ON 12/24/19 UNDER CASE NUMBER 19-2455
MR. BURNS REQUESTED THAT BEFORE OUR CONVERSATION CONTINUED HE ASKED THAT A MEMBER OF THE
WERHAHN FAMILY BE PRESENT. I COMPLIED WITH HIS REQUEST. A SHORT TIME LATER A MEMBER OF THE
WERHAHN FAMILY WHOM I KNOW AS MS. GERALDINE WERHAHN JOINED THE CONVERSATION. MS.
GERALDINE WERHAHN IS IDENTIFIED AS A VICTIM UNDER CASE NUMBER 19-2455 MS. WERHAHN AND MR
BURNS WANTED AN EXPLANATION FROM ME AS TO WHAT OCCURRED BETWEEN MYSELF AND HIS
EMPLOYEE THIS MORNING. I CONFIRMED WITH THEM BOTH IF THEY WERE REFERRING TO MY
INTERACTION WITH SECURITY OFFICER TI ,L]MAN, THEY BOTH INDICATED YES. BASED ON THEIR TONE OF
VOICE RESPONSE AND THEIR BODY LANGUAGE IT APPEARED TO ME THEY WERE NOT HAPPY WITH MY
ACTIONS. MR. BURNS STATED THAT HE WAS A RETIRED 26 YEAR VETERAN DEPUTY WITH THE PALM BEACH
COUNTY SHERIFFS OFFICE. I PROVIDED MR. BURNS MY DEPARTMENT BUSINESS CARD ALONG WITH THE
CASE NUMBER FROM THE INVESTIGATORY CASE WITH MR. TILLMAN. I INFORMED MR. BURNS HE WAS
WELCOME TO REQUEST A PUBLIC RECORDS REQUEST, MR, BURNS STATED THAT THE KID REFERRING TO
MR. TILLMAN WAS NOT HAPPY WITH GETTING HIS JUNK SEARCHED. I INFORMED MR BURNS THAT IF MR.
TILLMAN FELT THAT I WAS UNPROFESSIONAL M ANYWAY TOWARDS HIM THAT HE WAS WELCOME TO MAKE
A FORMAL COMPLAINT WITH MY AGENCY. I INFORMED MR BURNS THAT I HAD CONTACTED HIS PARTNER
MR SINKS FOR THE REASON TO CONFIRM MR. TILLMAN'S EMPLOYMENT AND THE ACTIONS THAT HAD
TAKEN PLACE. MR, SINKS HAD NO OBJECTIONS AT THE END OF OUR CONVERSATION.
THE CONVERSATION THEN CHANGED TO THE ONGOING INVESTIGATION WITH REFERENCE TO CASE
NUMBER 19-2455. MS. WERHAHN AND MR. BURNS BOTH FELT THAT OUR AGENCY IS JUST SWEEPING IT UNDER
THE RUG. OUR TIME AND EFFORT WITH FOLLOWING UPON LEADS WERE NOT GIVEN THE ATTENTION
NEEDED. MR. BURNS STATED THAT IT IS JUSTA MATTER OF TIME THAT HE IS GOING TO SNAP. I CONFIRMED
HE WAS REFERRING TO MR. RICHARD VEINS. MR. BURNS FURTHER STATED THAT MR. VEINS IS ON THE
VERGE OF LOSING EVERYTHING INCLUDING HIS CHILDREN AND WHEN HE DOES HE WILL SNAP. THE
CONVERSATION CONTINUED FOR SEVERAL MORE MINUTES WITH BOTH INDIVIDUALS. THEY MADE IT
CLEAR THAT OUR AGENCY SHOULD TAKE THIS MORE SERIOUSLY AND DO MORE.
IT WAS APPARENT THAT THEY WERE NOT REPORTING ANY NEW INCIDENTS OR REPORTING ANY CRIMES
WITH MR. VEINS. I CONCLUDED THE INTERVIEW WITH PROVIDING ALL NECESSARY INFORMATION THAT
THEY HAD REQUESTED AND DEPARTED THE AREA. END OF REPORT.
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Sergeant Bernard O'Donnell
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246 Sea Road,
Gulf Stream Fl 33483
February 4, 2020
Sergeant O'Donnell
On January 8, 2020 an informal complaint was received by the Gulf Stream Police
Department against you for inappropriate behavior and police misconduct during an
encounter with a security agent on North Hidden Harbour Drive on January 5, 2020.
An administrative review was conducted by Lieutenant Haseley into the incident
allegations which took place at two different locations and times. It was found that no
Gulf Stream Police policies were violated by you reference contact with Mr. Tillman.
Reference your demeanor during the second contact with Mr. Burns, this is
not Sustained.
The administrative review of this incident is closed, there will be no disciplinary
action taken toward you. The completed review will be retained in your personnel file.
Please feel free to contact me with any further questions.
dwarde Allen, Chief of Police
CC: Lt. Haseley >�
Sgt.
.O' Donn/
246 Sea Road, Gulf Stream, Florida 33483
Administration (561) 278-861 I
%.ICE Stuwn l ` I
DepaWmwt Edward K. Allen
Chief of Police
yam. 'LA,r
Palm Beach County
Police Benevolent Association, Inc.
C/O Angela Barbosa Briggs Esq.,
2100 N. Florida mango Road,
West Palm Beach, FL 33409
February 4, 2020
Ms. Briggs
Thank you for your letter dated January 29, 2020 regarding an Officer complaint against
Sergeant Bernard O'Donnell filed with the Gulf Stream Police by complainant Mr. John Sinks. This
letter is to advise you that this matter is closed.
Mr. Sinks never filed a sworn formal complaint. The informal complaint was investigated as an
administrative review. The complaint was reviewed reference the Police incident reports that were
created by Sergeant O'Donnell on this incident prior to receiving your letter. Sgt. O'Donnell was not
questioned beyond the incident reports that he created and submitted, and was not questioned further
after my office was in receipt of your letter.
Mr. Sinks complaint was two fold, first a complaint regarding the actions by Sgt. O'Donnell during
initial contact with Security Officer Tillman. There was no Gulf Stream Police policy violated here and
Sgt. O'Donnell has been exonerated.
The second complaint concerned allegations of Sgt. O'Donnell's unprofessional demeanor with a Mr.
Burns, these allegations are not sustained.
This administrative review is closed. There will be no disciplinary action taken toward Sgt. O'Donnell.
Best Wish ,
Lieuten t John Haseley
CC: Edward K. Allen, Chief of Police
Sergeant B. O'Donnell
246 Sea Road, Gulf Stream, Florida 33483
Administration (561) 278-8611
f n 9 a'E,C'ce
DepaWmvtt Edward K. Allen
Chief of Police
Mr. John Sinks
Comprehensive Investigative Solutions
120 E. Oakland Park Blvd.
Fort Lauderdale, Fl. 33334
February 4, 2020
Mr. Sinks,
On January 8, 2020 you filed a informal complaint against Sgt. Bernard O'Donnell of
the Gulf Stream Police Department for inappropriate behavior and police misconduct
during an encounter with a security agent of your company on January 5, 2020.
An administrative review was conducted by Lieutenant Haseley into the incident
allegations which took place at two different locations and times. It was found that no
Gulf Stream Police policies were violated by Sgt. O'Donnell reference contact with
Mr. Tillman.
Reference Sgt. O'Donnell's demeanor during the second contact with Mr. Burns, this
is not Sustained.
The administrative review of this incident is closed, there will be no disciplinary
action taken toward Sgt. O'Donnell. The completed review will be retained in
Sgt. O'Donnell's personnel file.
Please feel free to contact me with any further questions.
.ee� .l , � -?-
Edward, K. Allen, Chief of Police
CC: Lt. Haseley
Sgt. O'Donnell
246 Sea Road, Gulf Stream, Florida 33483
Administration (561) 278-861 1
MITI PALM
UBEACH COUNTY
POLICE BENEVOLENT ASSOCIATION, INC.
21(X) N Florida Mango Read - West Palnt Beach. FL 33409-64W - (5611 689-37a5 - (561 ) 687-0154 Fax
a Wv,.phc•pha-org
Executive Bjw,t
Chief Allen
John Kazanjian
246 Sea Road
PBSO
President
Delray Beach, FI. 33483
Email: eallen@gulf-stream.org
Ernest W. George
Retired-W PBPD
E.terwire Direc are
Richard McAfse
January 29, 2020
PBSO
Vice -President
Levu Perique
WPBPD
Dear Chief Allen:
Trea m-re
Kevin Igo
Although we have not had the pleasure of meeting in person, please accept this letter As
PESO
formal notice that I am representing Sgt. Bernard O'Donnell with regard to the January 8,
Secrernrn
2020 external complains made by John Sinks.
Greg Allen
Palm Beach Gardens PD
Despite the baseless nature of the allegations, please refrain from asking Sgt. O'Donnell arts
Sp.-at-Arnru
further questions regarding this incident as he is entitled to the protections afforded by the
Police Officers' Bill of Rights and the Police Department's Standard Operating Procedures- it
is our expectation that the Gulf Stream Police Department will follow its own Rules and
Regulations, SOPS, and the Police Officer's Bill of Rights in the event that it decides to
investigate this matter further- We expect nothing less from a professional police department.
Sgt. O'Donnell would be happy to provide a statement and clear his name once the Gtilf
Stream Police Department has interviewed all identifiable witnesses and can provide Sgf-
O'llonnell with sworn, recorded witness statements regarding the allegations in addition to
any other relevant documents or evidence as required by Fla, Stat. § 112.532.
It is our understanding that no formal complaint has been made, however, in the evcnt that
an investigation does go fonvard, kindly Contact me to coordinate Sgt. O'Donnell's statement.
Warm Regards,
Angela Barbosa Briggl ,,
(:(;: Ll. i lascicv
Member
The Voice of Pahn Bectc•h Cwrrtn,'s Lett+, Enfvrc•ernent
GULF STREAM POLICE DEPARTMENT
MEMORANDUM
OFFICE OF THE CAPTAIN
JOHN J. HASELEY
DATE: 12/30/20
REF: Citizen Complaint (Verbal) / Supervisory Review
RE: Sgt. Bernard O'Donnell
On December 30, 2020 at 0730 hours, a complaint was received at the Gulf Stream
Police station reference Officer conduct while on the Department ATV driven by a Gulf
Stream Sergeant who was en -route to the beach area. The complaint was received by
Sergeant Passeggiata. See Sergeant Passeggiata's notes and BWC video of the
complaint. The Gulf Stream Police has two Sergeants, The complainant Michaels
advised it was not the Sergeant present today receiving the complaint.
Summary of Incident complaint:
On approximately 12/20/2020 at 0800 hours Michaels was walking toward the beach
to go fishing. At this time Michaels advised a Gulf Stream Sergeant passed him on the
ATV heading toward the beach. Michaels stated as the Sergeant passed him he
coughed out the side of the ATV toward him.
A short time later Michaels who had gone home was now returning to the beach with
his surf board. Michaels advised as he walked toward the beach on Sea Rd. East of
A1A he again passed the ATV who was returning from the beach. Michaels stated
again the sergeant coughed out the side of the ATV toward him as he passed by.
Michaels concern was because of the COVID-19 virus. Michaels stated as the ATV
turned into the county Rd. or Gulf Stream Town Hall parking lot he looked back at it
and it appeared the driver waived or gave him the "middle finger".
EXHIBIT
3
Pg 2 of)
Michaels also advised four of five years ago this same person questioned him as to
why he was parking in the Gulf Stream Town Hall parking lot, Michaels stated
because he is a resident and able to park there for it is public parking governed by
posted signs. Michaels further stated this same Officer yelled at him with a
megaphone once, some time ago telling him to get off the beach. Michaels stated he
just wanted the Police Department to know about these incidents for he believes he is
being harassed and in case this continues in the future. End.
In a follow up interview the complainant Mr. Mika Michaels advised verbally the
above summary of the incident to Captain Haseley. This interview was done over the
phone as Michael's denied me (Captain Haseley) going to his residence. Michaels
also stated he did not wish to file a formal complaint only to just report the incident.
Investigation Items reviewed :
1) Notes of the Complainant's interview at the Gulf Stream Police station
written by Sergeant Passeggiata.
2) BWC Footage of the verbal complaint taken by Sergeant Passeggiata.
3) Check of all Written Directed Beach Patrol reports submitted over the last two
weekends. Reports located by Sergeant O'Donnell for the last two weeks. (One for
12/19/20 1020 hrs. 20-2409 & 12/20/20 0804 hrs., 20-2418)
4)Follow up phone interview by Captain Haseley to Michaels reference his complaint.
5) Sergeant O'Donnell's verbal interview of the incident.
Sgt. O'Donnell was advised of the Citizens Complaint filed. He was advised this
complaint would be a Supervisory Review for there is no formal complaint.
Interview with Sergeant O'Donnell:
1/6/21 1555 Hrs.
I explained the complaint and process of a supervisory review to Sgt. O'Donnell. I
advised him at this time I have found no evidence of the complaint other then the
complainant's verbal account and two directed patrol Beach reports filed by him. I
advised Sgt. O'Donnell to keep in mind this complaint when responding to the
complainants residence in the future. I advised Sgt. O'Donnell he has the right to PBA
representation if questioned.
Sgt. O'Donnell advised he has no recollection of this reported incident by Mr.
Michaels.
Conclusion:
This incident will be closed as a Supervisory Review / Unfounded. There is insufficient
evidence to prove or dispute the current allegations. A complaint four or five years old
over parking has no merit. The Gulf Stream Police at that time also had no
megaphone equipment. The complainant Mr. Michaels will not complete a sworn
statement so no formal complaint exists.
Copy will be retained in Sgt. O'Donnell's file for documentation of the complaint only.
All information will be made available to Sergeant O'Donnell at his request.
Complainant Notification of results :
I advised Mr. Michaels of the results, pending no new information his complaint would
be closed. End.
so
0
On September 10, 2019 you responded to a missing Alzheimer's persons call at 925 Orchid Lane in Place Au Soleil.
You received information from the subject's wife that her husband has been missing for 45 minutes, which was
later determined to be almost 90 minutes. This 73 year old subject who was on foot, had no cell phone, money or
credit cards and therefore no way to be tracked. The subject could not speak well, had no water and would be
totally unaware of any location he may wonder into on this 90+ degree day.
Sergeant O'Donnell set a command post at the residence where information was gathered. Officer Sutton and
Officer Batista began searching the area as Lieutenant Haseley and I responded to the area. An extensive search
both on foot and by patrol units of the immediate area was conducted with negative results.
BOLO information was broadcasted to surrounding agencies by Delray Beach Dispatch. Facebook media and a FCIC
Silver Alert was initiated. Code Red alerts were also sent out by Gulf Stream, Delray Beach and Boynton Beach.
Soon after The Palm Beach County Sheriff's Office was requested and responded with their search and rescue
team. This included two drones, a Bloodhound k-9 and an AN along with six Deputies. Sergeant O'Donnell
continued to gather information, organize and assist in deploying resources to the search areas. Officer Sutton,
Officer Batista, Lt. Haseley and I, along with PBSO Deputies searched an area from Woolbright Road to Atlantic
Ave., from A1A to Seacrest Blvd. checking any business cameras, stores, parks, residential and wooded scrub areas.
This area was also covered by Drones. Delray and Boynton Beach Officers searched while on patrol.
After an extensive seven hour search as described above, Sheriff's Office resources were canceled. Gulf Stream
patrols returned to routine patrol however continuing to check the area. AT 5:08 Pm this date the subject was
located in the backyard of a residence by the homeowner on S.E. 3`d Ave. in Boynton Beach, Gulf Stream officer
Sutton responded and met with the subject and Boynton Beach Police, Officer Batista made contact with the
subject`s wife and lead her to the scene to retrieve her husband who was unharmed and in good condition.
Your outstanding response, actions and professionalism are an excellent reflection on our agency. It has been well
noted by the Mayor, Commissioners and residents of Gulf Stream. Thank you for a job well done.
rd
This 23day of September, 2019J
Chief Edward K. Allen
EXHIBIT
N
01
GULF STREAM POLICE DEPARTMENT
MEMORANDUM
OFFICE OF THE CHIEF OF POLICE
Edward K. Allen F l
DATE: 03/29/21
TO: All Officers
RE: Overtime / Time Off
Effective immediately any amount of time worked over twelve hours will be recorded on an
overtime slip and turned in to the Chief.
All time requested off will be recorded on A LEAVE OF ABSENCE FORM to be approved by the
Chief of Police or the Police Captain.
tj�
EXHIBIT
5
EXHIBIT
ITS AMAZING HOW HISTORY TENDS TO REPEAT ITSELF, EH?
GRAND THEFT OF TAX DOLLARS,
SCHEME TO DEFRAUD,
OBSTRUCTING AND COVERING UP POLICE ADMINISTRATION CORRUPTION,
FALSIFYING INTERNAL AFFAIRS DOCUMENTS,
EXCESSIVE USE OF FORCE AGAINST CITIZENS,
INAPPROPRIATE AND MISTREATMENT OF RESIDENTS,
HOSTILE WORK ENVIRONMENT,
VIOLATING WHISTLE BLOWER ACT.
TOWN OF GULF STREAM HAS BECOME A CORRUPT TOWN UNDER THE CURRENT
POLICE AND TOWN MANAGEMENT.
AND THE MAYOR IS A CONTRIBUTOR IN THE CORRUPTION BY ALLOWING IT TO
CONTINUE AND COVERING IT UP.
ATTORNEY GENERAL, FDLE, INSPECTOR GENERAL AND STATE ATTORNEY ARE AWARE
OF THE CRIMES AND COMPLAINTS FORWARDED TO THEIR RESPECTIVE OFFICES.
GULF STREAM POLICE CHIEF STEPS
DOWN
By DEBRA L. N ALLACE, Staff Writer
APRIL 12, 1989
GULF STREAM -- Police Chief James Greer, under fire for poor leadership, officially resigned on
Tuesday. But he will not leave empty-handed.
Greer delivered his resignation letter on Tuesday to interim Town Manager Frank Flannery. The
resignation becomes effective today.
"I feel a burden has been taken off my shoulders," Greer said.
He will receive $17,Ooo after taxes for 6o days severance pay, 121/2 vacation days and 6o sick days as
terms of an agreement to be approved today.
The Town Commission will meet at 9 a.m. today to approve the settlement package. There is a clause in
the agreement stipulating that Greer cannot interfere with future town business, Flannery said. The
agreement also says that Greer wants to resign and is not doing so under duress.
"It's totally his decision," Flannery said of the chief s resignation. Flannery said he will make plans to
name Greer's successor today.
Greer, 47, began his career in police work in 1967. He is a former Palm Beach County Sheriffs Office
sergeant who was fired by current Sheriff Richard Wille in 1980. He lost in his attempt to unseat Wille
last year.
He said police work has become too political, so he feels good about leaving law enforcement to pursue a
private business venture in northern Florida.
"I guess I'm just worn out from fighting. I've been fighting for law enforcement and the criminal justice
system for almost nine years and now it's time to just leave," he said.
A private consulting firm called the department's leadership "out of control" and recommended replacing
Greer. The report prepared by Rusten Associates said "the department is like a privately held security
service and fraternal organization."
Greer said the report was written after the consultants spent 45 minutes talking with him, primarily about
the television movie The Lonesome Dove. "The rest was innuendo," said Greer. "They were hired to do a
job and they did it exactly the way they were instructed to do it.
"Very few people care about police officers' rights. All they care about is being protected for the cheapest
way possible."
Copyright O 2021, Sun Sentinel
i
Gulf Stream Reported CAD time from 10/1/2020
through 3/31/21 (6 Months)
Officer totals hrs.
Officer
Owed
Short
BATISTA
21.85
_
SUTTON
26.45
O'DONNELL
1.15
_
FELTER
0.1
O'NEAL
6.3
_
PASSEGGIATA
_
13.55
FIDLER
2
---
WILSON -__
13.35
-----
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FAHEY
5.8
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