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Home My Public Portal AboutPRR 22-2892 Renee Basel From:Thomas Walters <twwlaw1@gmail.com> Sent:Wednesday, June 15, 2022 5:14 PM To:Rita Taylor Cc:rbasil@gulf-stream.org Subject:Records Request-Town of Gulf Stream You don't often get email from twwlaw1@gmail.com. Learn why this is important \[NOTICE: This message originated outside of the Town of Gulfstream -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.\] Dear Ms. Taylor: Please see attached letter in regards to a records request with the Town of Gulf Stream. The information sought is referenced in the letter. Please contact my office for any further information. Thank you. Regards, Thomas W. Walters, Esq. Thomas W. Walters, P.A 499 E. Palmetto Park Rd. Suite 209 Boca Raton, FL 33432 Office 561-876-6770 Cell 954-461-4999 Fax 561-431-4602 tomwalters78@yahoo.com twwlaw1@gmail.com This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication, or any of the information contained herein, is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone at 561-876-6770. Thank you. 1 Thomas W. Walters, P.A. ATTORNEY AT LAW 499 E. Palmetto Park Rd. Ste 209 Boca Raton, FL 33432 Office 561-876-6770 Fax 561-431-4602 Twwlawl kgmail.com June 15, 2022 Via Email to rtavlorna,eulf-stream.ore Rita Taylor, Town Clerk Custodian of Public Records 100 Sea Road Gulf Stream, FL 33483 Re: Public Records Request Dear Ms. Taylor: In connection with the above -referenced matter, please be advised that we are requesting a copy of the personnel file from Marshall Felter, a former police officer with the City of Gulf Stream. We are investigating a potential claim and are requesting Mr. Fetter's disciplinary records, all body wom cameras, any and all records, emails or documents pertaining to Mr. Fetter's employment and any complaints made that are part of his personnel file. In addition, we are seeking all records of complaint, whether investigated or now and whether communicated in writing or verbally covering the entire period of his entire employment with the Town of Gulf Stream. We are requesting an estimate as to the cost for the preparation of the file. There is further information that an anonymous letter was sent out to Gulf Stream residents and to our client who is seeking the information referenced above. There are allegations in the letter of financial mismanagement and other statements which obtaining a copy of will assist in our investigation. We believe that Marshall Felter filed initiated a verbal and/or written complaint against our client in which Captain Haseley performed an internal audit. A second audit was performed which was discussed in the news letter prepared by Major Morgan which found that our client committed no wrongdoing. If you assert that an exemption applies to a particular record or part of such record, you are required to delete or excise from the record only that portion with respect to which an exemption has been asserted and validly applies You are required to produce the remainder of such record for inspection and examination. If you contend that any of the requested records are exempt from inspection and copying, please state in writing both the statutory citation to any exemption which you claim applies and the specific reasons for a conclusion that any requested record is exempt. We believe that none of the records which we have requested are exempt from inspection and copying. Please contact the undersigned should any additional information be needed to process this request. Thank you for your cooperation in this matter. Very truly yo Thomas W. Walters, Esq. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail June 17, 2022 Thomas Walters [Mail to: Twwlaw1@gmail.com] Re: GS #2892 (Marshall Felter personnel file) We are requesting a copy of the personnel file from Marshall Felter, a former police officer with the City of Gulf Stream. We are investigating a potential claim and are requesting Mr. Felter's disciplinary records, all body worn cameras, any and all records, emails or documents pertaining to Mr. Felter's employment and any complaints made that are part of his personnel file. In addition, we are seeking all records of complaint, whether investigated or now and whether communicated in writing or verbally covering the entire period of his enter employment with the town of Gulf Steam. We are requesting an estimate as to the cost for the preparation of the file. There is further information that an anonymous letter was sent out to Gulf Stream residents and to our client who is seeking the information referenced above. There are allegations in the letter of financial mismanagement and other statements which obtaining a copy of will assist in our investigation. We believe that Marshall Felter filed initiated a verbal and/or written complaint against our client in which Captain Haseley performed an internal audit. A second audit was performed which was discussed in the news letter prepared by Major Morgan which found that our client committed no wrongdoing. If you assert that an exemption applies to a particular record or part of such record, you are required to delete or excise from the record only that portion with respect to which an exemption has been asserted and validly applies You are required to produce the remainder of such record for inspection and examination. If you contend that any of the requested records are exempt from inspection and copying, please state in writing both the statutory citation to any exemption which you claim applies and the specific reason for a conclusion that any requested record is exempt. We believe that none of the records which we have requested are exempt from inspection and copying. Dear Thomas Walters [Mail to: Twwlaw1@gmail.com]: The Town of Gulf Stream received your public record request on June 16, 2022. Your request can be found at the following link: https://portal.laserfiche.com/Portal/DocView.aspx?id=179297&repo=r-430100cc The Town would like to request clarification on the records you seek before determining the amount of an estimate for extensive clerical or supervisory assistance as described in Fla. Stat. § 119.07(4)(d). We understand your request to be seeking: 1. A copy of the personnel file of Marshall Felter, including any complaints. 2. All body worn cameras, any and all records, emails or documents generated by Officer Felter or containing the name ‘Felter’. 3. All records of complaint, in writing or verbally, covering the entire period of employment with the Town. 4. A copy of an anonymous letter sent out to Gulf Stream residents containing allegations of financial mismanagement. If the Town does not receive clarification from you within 30 days of this letter, we will consider this request closed. Sincerely, Reneé Basel, CMC Deputy Town Clerk Renee Basel From:Thomas Walters <twwlaw1@gmail.com> Sent:Wednesday, July 6, 2022 12:57 PM To:Renee Basel Subject:Re: GS #2892 (Marshall Felter personnel file) You don't often get email from twwlaw1@gmail.com. Learn why this is important \[NOTICE: This message originated outside of the Town of Gulfstream -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.\] Good afternoon Ms. Basel, Please see attached letter clarifying the records sought in response to your letter dated June 17, 2022. Thank you. Regards, Thomas W. Walters, Esq. Thomas W. Walters, P.A 499 E. Palmetto Park Rd. Suite 209 Boca Raton, FL 33432 Office 561-876-6770 Cell 954-461-4999 Fax 561-431-4602 tomwalters78@yahoo.com twwlaw1@gmail.com This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication, or any of the information contained herein, is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone at 561-876-6770. Thank you. On Fri, Jun 17, 2022 at 12:46 PM Renee Basel <rbasel@gulf-stream.org> wrote: Good afternoon, Mr. Walters: Please see attached correspondence. Kind regards, 1 Reneé Basel The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 2 Thomas W. Walters, P.A. ATTORNEY AT LAW 499 E. Palmetto Park Rd. Ste 209 Boca Raton, FL 33432 Office 561-876-6770 Fax 561-431-4602 Twwlawlkgmail.com July 6, 2022 Via Email to rbasel(a gulf-stream.org Renee Basel, Deputy Town Clerk Custodian of Public Records 100 Sea Road Gulf Stream, FL 33483 Re: Public Records Request GS #2892 (Marshall Felter personnel file) Dear Ms. Basel: In connection with the above -referenced matter, and in response to your letter dated June 17, 2022, I am providing clarification on the specific records being sought as clarified below: These are the documents we are requesting: 1. Former Police Officer Felter's entire disciplinary file. 2. Specific to Gulf Stream Police Department-IA2021-001. All written documents including emails and memorandums. All Body Worn Camera footage utilized in the course of the investigation. 3. Any and all written documents including emails and memorandums dated November 6 h, 2020, reference Official report of misconduct. November 12s', 2020. Subject: Disciplinary procedures. 4. Any and all written documents including emails, memorandums and hand written notes. Dated 8/22/19. To: Officer Felter. 5. Any and all written documents including emails, memorandums and photographs specific to an anonymous letter received by the Town of Gulf Stream on or about May 22, 2019.Officer Felter sleeping. 6. Any and all inter -office memorandum dated 5/23/19. To: All personnel, Subject: Officer Safety. 7. Any and all documents including vehicle damage repair invoices that occurred while Officer Felter was operating a department police vehicle. Including emergency light bar damage or damaged caused by another department police vehicle. Please provide an estimate as to the costs for preparation of the above requested documentation as per Fla. Stat. § 119.07(4)(d). Please contact the undersigned should any additional information be needed to process this request. Thank you for your cooperation in this matter. Very truly yours, Thomas W. Walters, Esq. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail August 2, 2022 Thomas Walters [Mail to: Twwlaw1@gmail.com] Re: GS #2892 (Marshall Felter personnel file) We are requesting a copy of the personnel file from Marshall Felter, a former police officer with the City of Gulf Stream. We are investigating a potential claim and are requesting Mr. Felter's disciplinary records, all body worn cameras, any and all records, emails or documents pertaining to Mr. Felter's employment and any complaints made that are part of his personnel file. In addition, we are seeking all records of complaint, whether investigated or now and whether communicated in writing or verbally covering the entire period of his enter employment with the town of Gulf Steam. We are requesting an estimate as to the cost for the preparation of the file. There is further information that an anonymous letter was sent out to Gulf Stream residents and to our client who is seeking the information referenced above. There are allegations in the letter of financial mismanagement and other statements which obtaining a copy of will assist in our investigation. We believe that Marshall Felter filed initiated a verbal and/or written complaint against our client in which Captain Haseley performed an internal audit. A second audit was performed which was discussed in the news letter prepared by Major Morgan which found that our client committed no wrongdoing. If you assert that an exemption applies to a particular record or part of such record, you are required to delete or excise from the record only that portion with respect to which an exemption has been asserted and validly applies You are required to produce the remainder of such record for inspection and examination. If you contend that any of the requested records are exempt from inspection and copying, please state in writing both the statutory citation to any exemption which you claim applies and the specific reason for a conclusion that any requested record is exempt. We believe that none of the records which we have requested are exempt from inspection and copying. Dear Thomas Walters [Mail to: Twwlaw1@gmail.com]: The Town of Gulf Stream received your public record request on June 16, 2022. Your request can be found at the following link: https://portal.laserfiche.com/Portal/DocView.aspx?id=179297&repo=r-430100cc On June 17, 2022, the Town requested clarification on the records you sought and received the following clarification on July 6, 2022: 1. Former Police Officer Felter’s entire disciplinary file. 2. Specific to Gulf Stream Police Department – IA2021-001. All written documents including emails and memorandums. All Body Worn Camera footage utilized in the course of the investigation. 3. Any and all written documents including emails and memorandums dated November 6th, 2020, reference Official report of misconduct. November 12th, 2020. Subject: Disciplinary procedures. 4. Any and all written documents including emails, memorandums and hand written notes. Dated 8/22/10. To: Officer Felter. 5. Any and all written documents including emails, memorandums and photographs specific to an anonymous letter received by the Town of Gulf Stream on or about May 22, 2019. Officer Felter sleeping. 6. Any and all inter-office memorandum dated 5/23/19. To: all personnel, Subject: Officer Safety. 7. Any and all documents including vehicle damage repair invoices that occurred while Officer Felter was operating a department police vehicle. Including emergency light bar damage or damaged caused by another department police vehicle. The Town now estimates that to fully respond to your request will require approximately one and a half hours of police administrative support at $87.32 per hour, and five hours of administrative support at $53.08 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). If the costs of producing these documents will exceed your deposit, the Town will provide you with an initial production of responsive records and an estimate for the production of any additional responsive records. If the costs of production are less than the deposit, the Town will provide you with the responsive records and a refund. (1.5 hours @ $87.32 = $130.98 + 5 hours @ $53.08 = $265.40) = Deposit Due: $396.38 in cash or check. Upon receipt of your deposit, the Town will use its very best efforts to further respond to your public records request in a reasonable amount of time. If we do not hear back from you within 30 days of this letter, we will consider this request closed. Sincerely, Reneé Basel, CMC Deputy Town Clerk Renee Basel From:Thomas Walters <twwlaw1@gmail.com> Sent:Tuesday, August 2, 2022 4:18 PM To:Renee Basel Subject:Re: GS #2892 (Marshall Felter personnel file) \[NOTICE: This message originated outside of the Town of Gulfstream -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.\] Hello Ms. Basel, Received, thank you. Regards, Thomas W. Walters, Esq. Thomas W. Walters, P.A 499 E. Palmetto Park Rd. Suite 209 Boca Raton, FL 33432 Office 561-876-6770 Cell 954-461-4999 Fax 561-431-4602 tomwalters78@yahoo.com twwlaw1@gmail.com This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication, or any of the information contained herein, is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone at 561-876-6770. Thank you. On Tue, Aug 2, 2022 at 2:38 PM Renee Basel <rbasel@gulf-stream.org> wrote: Good afternoon, Mr. Walters: See attached correspondence. Kind regards, 1 Reneé Basel The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 2 Thomas W. Walters, P.A. ATTORNEY AT LAW 499 E. Palmetto Park Rd. Ste 209 Boca Raton, FL 33432 Office 561-876-6770 Fax 561-431-4602 Twwlawl@jzmail.co August 17, 2022 Via First Class U.S. Mail Renee Basel, Deputy Town Clerk Custodian of Public Records Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Re: Public Records Request GS #2892 (Marshall Felter personnel file) Dear Ms. Basel: In connection with the above -referenced matter, please find enclosed payment in the amount of $396.38 pursuant to your letter dated August 2, 2022. We are requesting the documents in electronic format. A copy of your letter is enclosed with this letter. Please contact the undersigned should any additional information be needed to process this request. Thank you for your cooperation in this matter. Very truly yours, Thomas W. Walters, Esq. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail August 25, 2022 Thomas Walters [Mail to: Twwlaw1@gmail.com] Re: GS #2892 (Marshall Felter personnel file) We are requesting a copy of the personnel file from Marshall Felter, a former police officer with the City of Gulf Stream. We are investigating a potential claim and are requesting Mr. Felter's disciplinary records, all body worn cameras, any and all records, emails or documents pertaining to Mr. Felter's employment and any complaints made that are part of his personnel file. In addition, we are seeking all records of complaint, whether investigated or now and whether communicated in writing or verbally covering the entire period of his enter employment with the town of Gulf Steam. We are requesting an estimate as to the cost for the preparation of the file. There is further information that an anonymous letter was sent out to Gulf Stream residents and to our client who is seeking the information referenced above. There are allegations in the letter of financial mismanagement and other statements which obtaining a copy of will assist in our investigation. We believe that Marshall Felter filed initiated a verbal and/or written complaint against our client in which Captain Haseley performed an internal audit. A second audit was performed which was discussed in the news letter prepared by Major Morgan which found that our client committed no wrongdoing. If you assert that an exemption applies to a particular record or part of such record, you are required to delete or excise from the record only that portion with respect to which an exemption has been asserted and validly applies You are required to produce the remainder of such record for inspection and examination. If you contend that any of the requested records are exempt from inspection and copying, please state in writing both the statutory citation to any exemption which you claim applies and the specific reason for a conclusion that any requested record is exempt. We believe that none of the records which we have requested are exempt from inspection and copying. Dear Thomas Walters [Mail to: Twwlaw1@gmail.com]: The Town of Gulf Stream received your public record request on June 16, 2022. Your request can be found at the following link: https://portal.laserfiche.com/Portal/DocView.aspx?id=179297&repo=r-430100cc On June 17, 2022, the Town requested clarification on the records you sought and received the following clarification on July 6, 2022: 1. Former Police Officer Felter’s entire disciplinary file. 2. Specific to Gulf Stream Police Department – IA2021-001. All written documents including emails and memorandums. All Body Worn Camera footage utilized in the course of the investigation. 3. Any and all written documents including emails and memorandums dated November 6th, 2020, reference Official report of misconduct. November 12th, 2020. Subject: Disciplinary procedures. 4. Any and all written documents including emails, memorandums and hand written notes. Dated 8/22/10. To: Officer Felter. 5. Any and all written documents including emails, memorandums and photographs specific to an anonymous letter received by the Town of Gulf Stream on or about May 22, 2019. Officer Felter sleeping. 6. Any and all inter-office memorandum dated 5/23/19. To: all personnel, Subject: Officer Safety. 7. Any and all documents including vehicle damage repair invoices that occurred while Officer Felter was operating a department police vehicle. Including emergency light bar damage or damaged caused by another department police vehicle. Thank you for your deposit of $396.38 by check #1385 received on August 19, 2022. The original request, correspondence and response can be found at the link above. For item number seven, there is no such record of the emergency light bar damage. We consider this request closed. Sincerely, Reneé Basel, CMC Deputy Town Clerk Z I � I c a f„ O GI � W � I I Z O Z L L W i.- M M W C r m 0uj l� d a en c E c E ` Z 'L L O v v a O L O L \� Q: Y 4 ++ j nui J J J f0 E f6 � Z O O W C C a j lI Q v l S ui LL.a, u 0 0 a0 ;U V U T a J a`r z c 3 o.LL cu Q H d •� LL cq 0 N M C7 0 00 M GULF STREAM POLICE DEPARTMENT MEMORANDUM TO: Sergeant O'Donnell FROM: Captain John Haseley DATE: 11 /12/20 SUBJECT: Disciplinary procedures Sergeant O'Donnell, As stated in your memo, regards to official misconduct by Officer Felter on November 311 2020 for failure to follow your lawful orders, you shall meet with Officer Felter and advise him of such complaint. Chief Allen has reviewed your complaint and advised this will be a punitive discipline written reprimand that will be retained in his personnel file. Under our Disciplinary procedures a Sergeant may administer this type of action. For your information, Ofc. Fernandez has resigned as of November 61h, 2020. j�eji4 Stwwn Ydice TO: Officer M. Felter FROM: Sgt. Bernard J. O'Donnell DATE: 11 /12/2020 SUBJECT: Disciplinary Action. Officer Felter. This is an official notice of disciplinary action. You are receiving a written reprimand for your action's while on duty in the Town of Gulf Stream on November 3, 2020. A copy of the reprimand will be retained in your personnel file I have supplied you a copy of my official report of officer misconduct along with supporting document's. You are signing this document as a receipt only. If you have any question's or concern's you may address them with either Captain Haseley or Chief. Allen.. S_&t. Bernar o Officer Marshall Felter 246 Sea Road, Gulf Stream, Florida 33483 Administration (561) 278-861 1 eI4 Sft eam .I dice i9epwc dent Date: November 6th, 2020 To: Captain, John Haseley Gulf Stream Police Department 246 Sea Rd, Gulf Stream, FL. 33483 From: Sergeant, Bernard J. O'Donnell Gulf Stream Police Department 246 Sea Rd, Gulf Stream, FL. 33483 Reference: Official report of Officer misconduct Reference: Gulf Stream Police Department, Rules and Regulations Date of violation: November 3rd, 2020 Location of violation: Town of Gulf Stream, Town Hall property, 100 sea rd. Violation(s): 1. Duty Responsibilities -Paragraph 2-6-page 2 of 15 2. Insubordination -Paragraph 2-12-page 3 of 15 3. Obedience to orders -Paragraph 2-15-page 4 of 15 4. Obedience to unlawful orders -Paragraph 2-17-page 4 of 15 5. Conflicting orders -Paragraph 2-19-page 4 of 15 Subject of official misconduct report: Gulf Stream Police Officer, Officer Marshall Felter, ID#752 Complainant: Gulf Stream Police Sergeant, Sergeant Bernard J. O'Donnell I13#751 Witness(s): Gulf Stream Police Officer's Officer Todd Sutton ID#750 Probationary Officer Elias Fernandez ID#759 Summary of Violation(s): On November 2, 2020 at approximately 1845 hours Myself, Officer Felter, Officer Fernandez and Officer Sutton were on duty. I was the supervising Sergeant at the time. During informational debriefing I gave a verbal directive to both officer's Felter and Fernandez. The specific directive was first given to me by Chief E. Allen. The directive was witnessed by Officer Todd Sutton. I was specifically instructed by Chief Allen that the directive be carry out by Officers Felter and Fernandez. During debriefing both Officer Felter and Fernandez acknowledge the directive. The directive was lawful. The directive did not violate department rule, policy or order; or by order of a supervisor. Upon my arrival to duty on November 3rd, 2020 at approximately 0645 hours I observed the directive was not followed. I determined later that Officer Felter by his verbal command prevented Officer Fernandez from performing the directive set forth by Chief Allen. Narrative: On Monday, November 2nd, 2020 upon arrival for dayshift duty I met with Chief Allen. Chief Allen briefed me on the upcoming presidential voting that would be taking place at the Gulf Stream Town Hall on Tuesday, November 3rd, 2020. Chief Allen made me aware of the boundaries set forth by the State Elections Officials. The boundaries are for supporters who wish to campaign for their candidate's and to place their candidate's lawn sign's during active voting. Chief Allen made it known to me that he wanted the Town Hall parking area to be monitored by an officer to deter vehicle parking by arriving construction worker's. The parking space's were to be used by arriving voter's only. Chief Allen's directive further indicated that person(s) whom place candidate lawn sign's in violation of the boundarie's will be made aware by the officer. Chief Allen made it clear to me that any such sign's found in violation of the boundarie's would be left in place and not removed by the officer. Chief Allen's directive was clear to me and I undertsood it. On Monday, November 2nd, 2020 at approximately 1845 hours I conducted roll call briefing. The same directive that was given to me by Chief Allen was communicated by me to Officer's Felter and Fernandez. At the conclusion of the directive Officer Felter asked the following question "So sarge", "We just unlock the door's and run", "Right". My response was no. I then repeated the directive over again. The Officer's understood and had no further questions. On November 3rd, 2020 at approximately 0645 hours upon arrival for duty. I made the following observation's. Several campaign lawn sign's were placed upon the Town Hall property. The campaign lawn sign's were located in violation of the boundarie's. I observed construction laborer's arriving in their vehicle's. The construction laborers vehicle's were utilizing spaces reserved for voter's. I did not observe a Patrol Vehicle actively patrolling the parking lot. I did observe Officer Felter standing at the edge of the driveway of the police department taking no proactive measures in enforcing the directive. Upon entering the Police Department locker room I was met by Officer Fernandez. Officer Fernandez verbally stated to me that he arrived at Town Hall so as to carry out the directive. Officer Felter was also present. Officer Felter stated to him. "We are unlocking the door's and leaving" "We don't need to be here". Officer Fernandez felt it was in his best interest by leaving the area. Officer Fernandez stated to me that he had a conversation with Officer Felter. The conversation took place in the police station locker room. Officer Fernandez made it known to Officer Felter that Sergeant O'Donnell was not happy with the way the directive was carried out. Officer Fernandez described to me in the way of Officer Felter's body language. 2 Officer felter body language indicated sign's of joy, silent laughter. It was obvious to Officer Fernandez that Officer Felter was elated by Sergeant O'Donnell and Chief Allen's disappointment with the way the directive was handled. Officer Todd Sutton later in the day stated that Officer Marshall stated to him "I don't get involved with political shit". I reviewed the CAD system and found that Officer Felter and Officer fernandez were not on active call's for service during the time period of November 3rd, 2020 from 0500 hours leading up to 0700 hours. I have attached both officer's daily log's with this report. Respectf submitted Sergeant Bernard J. onnell 3 Officer Daily Log OFFICER DAILY LOG Approved By: Officer Name: OFC. MARSHALL FELTER Starting Mileage: 46435 Ending Mileage: 46523 Total Mileage: 88 Shift Totals Calls for Service: 1 Arrest: Traffic Crashes: 0 Date: 11/02/2020 Shift: 1900-0700 0 Traffic Warnings: 1 Dispatch 10-51 10-98 Address/Actions ADMIN LINEUP 1900 1905 IN SERVICE / BRIEFING PATROL ZONE 1905 2000 N.O.B CORRIDOR 4 PATROL ZONE 2000 2030 AVE AU SOLEIL 1 PATROL ZONE 2030 2100 DRIFTWOOD LANDING/HIDDEN HARBOUR 3 PATROL ZONE 2100 2143 CORE AREA/ LITTLE CLUB RD 2 TRAFFIC STOP 2143 2153 3900 BLK N.O.B/ HEADLIGHT OUT 10-50 PATROL ZONE 2153 1 2230 LIT UP THE 800 BLK OF TANGERINE WAY Car: 760 Traffic Citations: 0 Case Number/Disposition PATROL ZONE 2230 2330 N.O.B CORRIDOR/ BIG CLUB PARKING LOT CHECKED 4 PATROL ZONE 2330 0000 LIT UP THE OUTSIDE PERIMETER OF THE GULF 2 STREAM SCHOOL DIRECTED 0000 0009 3951 N.O.B 20-2108 PATROL PATROL ZONE 0009 0130 LIT UP THE 900 BLK OF EMERALD ROW 1 PATROL ZONE 0130 0200 N.O.B CORRIDOR 4 BACKUP 0200 0210 2950 POLO DRIVE/7A56 ON A SIG 79 OFFICER PATROL ZONE 0210 0300 LIT UP THE 800 BLK OF CANARY WALK 1 PATROL ZONE 0300 0400 HIDDEN HARBOUR �l MEAL BREAK 0400 0430 AT PD BUSY 10-6 0430 0510 AT TOWN HALL FOR OPENING DOORS; ELECTION DAY PATROL ZONE 0510 0600 CORE AREA/ PALM WAY 2 BUSY 10-6 0600 0642 PERIMETER ROADS AROUND TOWN HALL ADMIN 10-44 0642 0700 OUT OF SERVICE Total Hours Worked: 12 Officer Daily Log OFFICER DAILY LOG Approved By: Officer Name: OFC. ELIAS FERNANDEZ Starting Mileage: 50392 Ending Mileage: 50485 Total Mileage: 93 Shift Totals Calls for Service: 1 Arrest: 0 Traffic Crashes: 0 Date: 11 /02/2020 Shift: 1900/0700 Traffic Warnings: 0 Dispatch 10-51 10-98 Address/Actions ADMIN 10-44 1900 1915 ONE CELL PHONE ONE BLK BAG. Car: 761 Traffic Citations: 0 Case Number/Disposition PATROL ZONE 1915 2000 AVE AU SOLEIL CANARY 1 PATROL ZONE 2000 2030 LAS CASITAS LITTE CLUB OLEANDER POLO 2 GULFSTREAM PATROL ZONE 2030 2100 NORTH OCEAN BLVD 1430 1330 1230 HIDDEN 3 HARBOUR 1140 1122 1100 DRIFTWOOD PELICAN PATROL ZONE 2100 2143 AVE AU SOLEIL ORCHID 1 BACKUP 2143 2154 VEHICLE STOP 3951 NORTH OCEAN BLVD OFFICER PATROL ZONE 2154 2030 GULFSTREAM GOLFVIEW 2 PATROL ZONE 2030 2300 PELICAN AIA COUNTY RD. 4 PATROL ZONE 2300 0000 AVE AU SOLEIL ORCHID 1 BACKUP 0000 0010 DIRECTED PATROL 3951 NORTH OCEAN BLVD. OFFICER PATROL ZONE 0010 0100 PELICAN AIA COUNTY 1171 2401 2601 2613 2665 2727 4 3851 3901 3951 3900 P/LOT MEAL BREAK 0100 0130 PD PATROL ZONE 0130 0200 POLO MIDDLE RD GOLFVIEW 2 DIRECTED 0200 0210 DIRECTED PATROL 2950 POLO DR. 20 2109 PATROL PATROL ZONE 0210 0230 GULFSTREAM LAKEVIEW 2 PATROL ZONE 0230 0300 NORTH OCEAN BLVD 1430 1330 1230 HIDDEN 3 HARBOUR 1140 1122 1100 DIRIFTWOOD PELICAN PATROL ZONE 0300 0400 AVE AU SOLEIL ORCHID 1 PATROL ZONE 0400 0430 GULF STREAM SEA RD COUNTY ki PATROL ZONE 0430 0545 AVE AU SOLEIL EMERALD 1 PATROL ZONE 0545 0650 COUNTY RD SEA RD GULFSTREAM 2 VEHICLE 0650 0700 REFUEL OFF DUTY 10-7 0700 ONE CELL PHONE ONE BLK BAG. Total Hours Worked: 12 Executive Board John Kainnjian PBSO President Ernest W. Geome Retired-N i'li1'1) Eserutiv, birca,jr Richard McAfee PBSO 1 dice-Presirirnt Lou Penyue A1111PI) 7 ret i curer Kevin Igo PBSO Secrcrm:, Grcu Allen Palm Bcach Gardens PI) Sgt. -m-.a rni.s PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC. '_ 100 N. Florida Mam2u Road • We>t Palm Bwch . H. 33409-6400 • 15n h 689-3745 • 061 i 68 i-n 154 fay xu%ti phcpha��rg December 3, 2020 Chief Edward K. Allen, Gulf Stream Police Department 246 Sea Rd. Delray Beach, FL 33483 Via Electronic i111ail (eallen(d).gulf-stream.ora) RE: Rebuttal Regarding 11/12/20 Disciplinary Action — Officer Marshall Felter Incident regarding Election Procedures on November 3, 2020 Dear Chief Allen: We have not had the pleasure of meeting, but I now will be the PBA attorney helping our members at Gulfstream Police Department. Please allow this letter to serve as Officer Felter's rebuttal to the written reprimand regarding his alleged actions on November 3, 2020. On November 2, 2020, the night before the General Election, Officer Felter was instructed regarding election procedures, including to unlock the doors of Town Hall by 5:00 am, to turn over control of Town Hall to election officials, to not allow construction vehicles to obstruct the Town Hall parking lot, and to not allow the posting of any political signs (including "lawn" signs) within 150 feet of the polling location. However, Officer Felter was specifically instructed that if the political signs already were posted in the polling area, and he did not observe the person(s) post the sign(s), then he should not remove them. On the following day (Election Day), Officer Felter complied with these directives to the best of his ability. Officer Felter did not direct Officer Fernandez to disregard any orders, and he was not acting in a supervisory role. Near the end of this shift, Sgt. O'Donnell arrived and advised Officer Felter that he should have removed certain political signs in the areas surrounding Town Hall. Sgt. O'Donnell was visibly upset, and he would not discuss the confusion concerning the election protocols. There also were voiced concerns because signs along the nearby road were not removed, despite the fact that these signs were not in the "no -solicitation" boundaries around Town Hall and the removal of these signs would violate the First Amendment. 71z VoiwolPalni beach Counts, :v Late Enfoi-ce►new On November 12, 2020, Officer Felter received Sgt. O'Donnell's memo regarding the instant written reprimand for five (5) alleged violations, including his alleged failure to follow orders. These violations are unfounded and redundant, and Officer Felter was not given an adequate opportunity to explain his position. For example, on Election Day, Officer Felter ensured that construction vehicles were not blocking the polling area, and he was not aware of any present at the end of his shift. Furthermore, the "no -solicitation boundaries" around the polling area were unclear, and Officer Felter was instructed to not remove signs when he did not observe their posting. While "solicitations" are not allowed within 150 feet of the entrance to a polling place, an officer must be wary of the actions that he or she takes in polling areas, as they may be construed as interference with voting processes. Moreover, the quotations and descriptions of Officer Felter's behavior and body language in Sergeant O' Donnell's narrative are inaccurate and hearsay. Based on the above, I urge you to reconsider this disciplinary action. Please ensure that this rebuttal is placed in Officer Felter's personnel file, and feel free to call me to discuss. Respectfully, /s/ Katie L. Mendoza Katie L. Mendoza, PBA Attorney cc: Sgt. Bernard O'Donnell (bodonnell(d„ gjulf-stream.org) Captain John Haseley (ihaseley( gulf-stream.org) GULF STREAM POLICE DEPARTMENT MEMORANDUM OFFICE OF THE LIEUTENANT JOHN J. HASELEY DATE: 8/22/19 TO: Ofc. Marshall Felter RE: SOP 11.02 Punitive Performance Deficiency Gulf Stream Rules and Regulations / Reprimand On May 22nd, 2019 at 0900 hours, Gulf Stream Town manager Gregory Dunham met with Chief Allen reference a letter he had received. This letter was in reference to a Gulf Stream Officer that was photographed sleeping while on duty. This letter was anonymous with no time or date on it. The Officer photographed was Officer Marshall Felter. The letter did note locations throughout Gulf Stream that Officer Felter and all Officer's Patrol. For the safety of Officer Felter and all Officers, without the known intent of the letter, patrol procedures were changed. As of the writing of this memorandum and after exhausting all investigative options, it has not been determined who sent the letter and photograph. At the time of this incident Officer Felter was verbally counseled on his patrol procedures and the Rules and Regulations of Gulf Stream officers including sleeping on duty. On August 22nd, Watchguard in car patrol nightshift video over the prior week was reviewed from patrol units 760 and 761. Several discrepancies in patrol times were found with Officer Felter's patrol video when matched against his patrol logs. This included extended periods of stationary time and failing to respond as backup on traffic stops. On 8/23/19 Officer Felter's video was noted : PATROL LOG 8/18/19-8/19/19 Patrol Z4-1 2239 -2323 Patrol Z2-4 0111 - 0212 Meal 2401 NOB in unit 0300-0330 8/21/19-8/22/19 and patrol logs were compared and the following VIDEO REVIEW 2308-0103 Town Garage Lot 2 Hr. 5 Min 0118-0212 L. Club garage area 1 Hr. 31 Min 0259-0343 2401 Parking lot 43 Min PatrolZ3 2023-2041 2050-2134 L. Club garage 48 Min Patrol Z2 2247-2330 2258-0035 L. Club garage 1 Hr 37 Min 94 on Traffic stop 0035 Stayed in unit on backup. 94 on traffic stop 0031-0039 0042-0201 unknown driveway 1 Hr 19 Min Patrol Z1 0207-0300 0256-0450 Town Hall garage 1 Hr 56 Min 8/22/19-8/23/19 Patrol 2355-0046 0031 Hrs. No show on Traffic stop 94 Patrol 0203 0239 0235 Hrs. No show on traffic stop 94 The above actions show that patrol logs have been falsified. It also demonstrates a disregard for your safety as well as the safety for fellow Officers. These actions additionally violate a memo issued on 1/22/18 advising that all Gulf Stream Officers for Officer Safety will respond together on all dispatched calls and traffic stops. At this time do to your prior counseling on sleeping on duty, along with the failure to correct this issue, and the inaccurate patrol logs, you are being advised that any further activity of this type will result in disciplinary action, including suspension or termination. 1� Lieut ant John eley Ofc. Marshall Felter CC: Edward K. Allen C Chief of Police �i �;••; yDepattment Edward K. Allen Notes: Reference Anonymous photo & letter to Town Hall ref. Ofc. Felter 5/21/19 Anonymous letter found in mail box Town Hall. 5-21-19 thru 5-23-19 double man per unit Officer Safety 5/22/19 S-13 const. site 996 Pelican Lane (1100 hrs.) 5/23/19 Auto Burglary x 3 Palm Way (5/24/19 0410 hrs.) 5/24/19 AM Chief spoke to Ofc. Felter reference incident / photos of him. 5/24/19 PM shift -Back to single man units for coverage reasons. 5/29/19 1000 Ofc. Felter called ref. his feelings on this incident. Advised spoke to PBA. I advised I would relay to Chief Allen and advised him to continue proper patrol. 6/7/19 Contact with Carlos I.T. ref. checking Department computers & e-mail access. Negative. 6/28/19 Spoke to OR. Felter Ref. any further activity and or suspicious incidents. None. End. Lt. J. Haseley 246 Sea Road, Gulf Stream, Florida 33483 Administration (561) 278-8611 S�-s��t W S Rom, ------------ - no -5hou-1 C",) �-- CPI'/11-� C) v c f,)Q- 04c-e , Zug i!6 �lzz-/r� /U- `1G I`3s tip, Sbc-,/) C� C� pAr,kZ4 C14 ZC-(C,/ Vic L3- 1 L( cK Z 3 -!�,O AtDLS Z- 3 - m5,7 1 �i��i v� \J • � v f'" S � i L !� � � Officer Daily Log 01 OFFICER DAILY LOG 0) Approved By: Date: 08/22/2019 Officer Name: OFC. MARSHALL FELTER Shift: 1900-0700 Car: 760 Starting Mileage: 2439 Ending Mileage: 2497 Total Mileage: 58 Shift Totals Calls for Service: 2 Arrest: 0 Traffic Warnings: 1 Traffic Citations: 0 Traffic Crashes: 0 Dispatch 10-51 10-98 Address/Actions Case Number/Disposition ADMIN LINEUP 1900 1905 IN SERVICE / BRIEFING BACKUP 1905 1925 4489 N.O.B/7A52 ON AN AOD TO PBSO OFFICER PATROL ZONE 1925 1950 CHECKED THE DRIFTWOOD LANDING AREA 3 DIRECTED 1950 1957 2601 N. OCEAN BLVD 19-1576 PATROL POLICE 1957 2014 GULF STREAM SCHOOL 3600 GULF STREAM RD 19-1577 SERVICE PATROL ZONE 2014 2051 SPOT CHECKED THE VACANT RESIDENCE AT 910 1 INDIGO PT PATROL ZONE 2051 2127 CHECKED THE BIG CLUB PARKING LOT 4 TRAFFIC STOP 2127 2134 1900 BLK N.O.B/FINAL STOP 3900 BLK N.O.B/ WW 10-50 UNLAWFUL SPEED TRAFFIC STOP 2134 2141 2000 BLK N.O.B/ HEADLIGHT OUT VW 10-50 PATROL ZONE 2141 2217 SPOT CHECKED 1304 N.O.B 4 PATROL ZONE 2217 2250 SPOT CHECKED THE VACANT RESIDENCE AT 2575 1 AVE AU SOLEIL PATROL ZONE 2250 2355 CHECKED TOWN HALL 2 PATROL ZONE 2355 0046 MADE A PASS THROUGH 925 N.O.B 4 PATROL ZONE 0046 0109 LIT UP THE HIDDEN HARBOUR AREA 3 PATROL ZONE 0109 0203 LIT UP THE PARKING AREA OUTSIDE OF 3851 N.O.B 4 PATROL ZONE 0203 0239 LIT UP THE 900 BLK OF EMERALD ROW 1 PATROL ZONE 0239 0330 DROVE THROUGH THE LITTLE CLUB GOLF COURSE 2 MAINT AREA MEAL BREAK 0330 0400 AT PD PATROL ZONE 0400 0439 MADE A PASS THROUGH AVE AU SOLEIL 1 PATROL ZONE 0439 0511 4 DIR,FCTED 0452 0459 3251 POLO DR PATROL 19-1547 BACKUP OFFICER 0459 0508 3054 GULF STREAM RD/7A52 ON A SIG 79 VEHICLE REFUEL 0508 0514 PATROL ZONE 2 0514 0603 H MADE A PASS AROUND THE GULF STREAM SCHOOL PATROL ZONE 1 0603 0641 MADE A FINAL PASS THROUGH AVE AU SOLEIL ADMIN 10-44 0641 0700 OUT OF SERVICE Total Hours Worked: 12 Officer Daily Log OFFICER DAILY LOG Approved By: SGT. JOHN PASSEGGIATA Officer Name: OFC. MARSHALL FELTER Starting Mileage: 2021 Ending Mileage: 2073 Total Mileage: 52 Shift Totals Calls for Service: 1 Arrest: 0 Traffic Crashes: 0 Dispatch 10-51 10-98 Address/Actions ADMIN LINEUP 1900 1905 IN SERVICE / BRIEFING Date: 08/18/2019 Shift: 1900-0700 Traffic Warnings: 3 Car: 760 Traffic Citations: 0 Case Number/Disposition PATROL ZONE 1905 1919 MADE A PASS THROUGH LAS CASITAS 2 TRAFFIC STOP 1919 1926 4300 N.O.B/VIOL OCCURRED ON N. COUNTY WW 10-50 RD/WRONG WAY ON ONE WAY PATROL ZONE 1926 1938 RESUME PATROL OF ZONE 2 2 TRAFFIC 1938 1942 3100 BLK GULF STREAM RD/ PARKED FACING WW COMPLAINT WRONG WAY PATROL ZONE 1942 2015 SPOT CHECKED THE VACANT RESIDENCE AT 910 1 INDIGO PT TRAFFIC STOP 2015 2023 1900 BLK N.O.B/FINAL STOP AT N.O.B AND WW 10-50 CRESTWOOD/ UNLAWFUL SPEED PATROL ZONE 2023 2039 LIT UP THE DRIFTWOOD LANDING AREA 3 PATROL ZONE 2039 2127 CHECKED TOWN HALL 2 BACKUP 2127 2138 1200 N.O.B/7A52 ON A 10-50 OFFICER BUSY 10-6 2138 2239 AT PD; COMPLETED ALL LONG GUN MAINT PATROL ZONE 2239 2323 CHECKED THE BIG CLUB REAR LOT ) 3 i & $ V 15 1, 5 ,�, �i N ` �. I -oil PATROL ZONE 2323 2336 LIT UP THE HIDDEN HARBOUR AREA 3 PATROL ZONE 2336 0025 MADE A PASS THROUGH THE LITTLE CLUB GOLF 2 COURSE MAINT AREA PATROL ZONE 0025 0111 LIT UP THE 800 BLK OF TANGERINE WAY 1 PATROL ZONE 0111 0212 SPOT CHECKED THE CONSTRUCTION SITES IN ZONE 2 PATROL ZONE 0212 0300 LIT UP THE PARKING AREA OUTSIDE OF 3951 N.O.B -7 4 MEAL BREAK 0300 0330 IN VEHICLE; 2401 N.O.B Co.) << 5 , L C, L, ; (2j K� PATROL ZONE 0330 0351 3 PATROL ZONE 0351 0452 SPOT CHECKED THE VACANT RESIDENCE AT 2575 1 AVE AU SOLEIL v VEHICLE 0511 0516 REFUEL PATROL ZONE 0516 0614 LIT UP THE 500 BLK OF OLD SCHOOL RD 2 PATROL ZONE 0614 0641 CHECKED THE DRIFTWOOD LANDING AREA 3 ADMIN 10-44 0641 0700 OUT OF SERVICE Total Hours Worked: 12 Officer Daily Log OFFICER DAILY LOG Approved By: SGT. JOHN PASSEGGIATA Officer Name: OFC. MARSHALL FELTER Starting Mileage: 2325 Ending Mileage: 2382 Total Mileage: 57 Shift Totals Calls for Service: 1 Arrest: 0 Traffic Crashes: 0 Dispatch 10-51 10-98 Address/Actions ADMIN LINEUP 1900 1905 IN SERVICE / BRIEFING Date: 08/21/2019 Shift: 1900-0700 Traffic Warnings: 0 Car: 760 Traffic Citations: 0 Case Number/Disposition PATROL ZONE 1905 1954 MADE A PASS THROUGH THE LITTLE CLUB 2 BACKUP 1954 2004 960 ORCHID LN/7A52 ON A SIG 79 OFFICER PATROL ZONE 2004 2016 MADE A PASS THROUGH ZONE 1 DIRECTED 2016 2023 3550 GULF STREAM RD 19-1570 PATROL PATROL ZONE 2023 2041 LIT UP THE DRIFTWOOD LANDING AREA 5J < TT 6- z-L.: off' ` 3LI L14L ��14 M'N PATROL ZONE 2041 2144 CHECKED THE BIG CLUB PARKING LOT 4 PATROL ZONE 2144 2206 LIT UP THE HIDDEN HARBOUR AREA 3 PATROL ZONE 2206 2240 SPOT CHECKED THE VACANT RESIDENCE AT 910 1 INDIGO PT BACKUP 2240 2247 2000 N.O.B/7A52 ON A 10-50 OFFICER PATROL ZONE 2247 2330 LIT UP THE OUTSIDE PERIMETER OF THE LITTLE S 'T-T--�i 2 CLUB GOLF COURSE MAINT AREA G /4 - - t�o�3j PATROL ZONE 2330 0031 SPOT CHECKED 1304 N.O.B 4 C7 , &4&(L 1> P i �;'i(+fcl �n►" z BACKUP 0031 0039 3700 BLK N.O.B/7A52 ON A 10-50 00 OFFICER ; PATROL ZONE 0039 0111 CHECKED TOWN HALL 2 PATROL ZONE 0111 0126 LIT UP THE HIDDEN HARBOUR AREA 3 PATROL ZONE 0126 0207 MADE APASS THROUGH 925 N.O.B 4 s 7 v�v d 14 4 1 l PATROL ZONE 0207 0300 SPOT CHECKED THE VACANT RESIDENCE AT 2575 1 AVE AU SOLEIL C�:a•�/} �z Li t-r, 4TS vU I N� �LwicN MEAL BREAK 0300 0330 IN VEHICLE; 100 SEA RD PATROL ZONE 0330 0432 SPOT CHECKED THE CONSTRUCTION SITES IN ZONE 2 PATROL ZONE 0432 0507 LIT UP THE 900 BLK OF INDIGO PT 1 VEHICLE REFUEL 0507 0513 BUSY 10-6 0513 0538 AT PD; COMPUTER EMAIL CHANGES PATROL ZONE 4 0538 0612 LIT UP THE PARKING AREA OUTSIDE OF 3951 N.O.B PATROL ZONE 1 0612 0642 MADE A FINAL PASS THROUGH ZONE ADMIN 10-44 0642 0700 OUT OF SERVICE Total Hours Worked: 12 U i�ti S l> `.j N�-;�/\ -7 i> yam, J" AM yY �� `e o� ,c >a i There is no topic information available for this person Exam No BAT Record Information found for this person Equivalency No Equivalency Records found for this person Training 04/01/1985 06/17/1985 44-1985-002-2 �19.07 BLE ��tiililrlili Certificate Of Compliance- Law Enforcement P 432 09/09/1985 10/24/1985 44-1985-055-3 1985.07 A SI Radar Speed Measurement Training Course For Law Enforcement Officers P 40 04/07/1992 05/07/1992 44-1992-068-1 L 1985.07 A SI Advance Report Writing And Review P 40 10/18/1993 11/17/1993 44-1993-019-2 1987.01 A SI Criminal Law P 40 11/15/1993 11/19/1993 44-1993-016.4 1987.01 A SI Narcotics And Dangerous Drugs Investigations P 40 05/16/1994 06/20/1994 44-1994-054-2 1987.01 A SI Organized Crime P 40 07/25/1994 07/29/1994 44-1994-036-1 1987.01 A SI Injury And Death Investi ations P 40 04/06/1998 05/06/1998 44-1998-073-1 1987.01 A SI Community And Human Relations P 40 09/07/1998 10/07/1998 44-1998-050-4 1989.01 A SI Stress Management Techni ues P 40 02/22/1999 02/26/1999 44-1999-036-1 1987.01 A SI Injury And Death Investigations P 40 04/26/1999 04/30/1999 44-1999-033-1 1998.12 A SI Sex Crimes Investigations P 40 WMD/ICS Training for Certified Law Enforcement Officers Marshal R Felter 2 06/04/2021 Florida Department of Law Enforcement Global Profile Sheet Name: Marshal R Felter Education: High School Race: Wh Sex: M Employment Voluntary Ocean Ridge Police LE FT 10/01/1985 01/09/1989 Separation (Not involving N 10/01/1985 Department misconduct Retired (Not Boynton Beach Police LE FT 01/05/1989 04/21/2014 involving N 01/05/1989 Department misconduct Voluntary Palm Beach County LE Aux 10I27/2014 04I10/2015 Separation (Not involving N 03/28/2014 Sheriffs Office misconduct Terminated for Violating Gulf Stream Police LE FT 04/13/2015 05/19/2021 Agency/Training Center Policy (No N 04/07/2015 Department Moral Character Violation Topic Salary Incentive Mandatory Firearms Qualification No Firearms found for this person Certification Topic Marshal R Felter 1 O ƒI 2E } ) { . �• . i \ � } ) ! ® cEEEe§ E§�}o,n i k ( C, R . « :, - �. 0>�, EE r 2 § I § ADMIN USE: i .1 11 1 I l d 1`11''I I iI ) ( I I )) I 'Ak I Ivl l Iq ! SCH A TIME PAY t REQUEST FOR PAID LEAVE OF ABSENCE CHARGED TO: CSC, VACATION [ ] COMP TIME [ ] SICK LEAVE [ ,I' AS FOLLOWS: TOTAL REQUESTED LEAVE TIME INCLUDING RDO'S: FROM DATE HOURS �L/ TOTAL DAYS : loo *9 A • s X�3GNATURE: fixo3oze"llim DATE: o�j ito120ZZ,! APPROVED [ �� DISAPPROVED L I l ADMIN USE: SCH TIME PAY REQUEST FOR PAID LEAVE OF ABSENCE CHARGED TO VACATION [ ] COMP TIME [ ] SICK LEAVE [ AS FOLLOWS TOTAL REQUESTED LEAVE TIME INCLUDING RDO'S: FROM J_J TO__/_J DATE HOURS TOTAL DAYS: I REASON FOR ABSENCE: VsIGNATURE: TOTAL HOURS : 12- DATE : d ZO ZA h 1 APPROVED [ ' S` DISAPPROVED [ ] ADMIN USE /�� TIME : PAY: GULF STREAM POLICE DEPARTMENT OVERTIME AND HOLIDAY COMPENSATION NAME: Kca-r�L COMP TIME: [ ] PAY: [14 HOURS: IO2 REASON: C;0j-r-> �-► TIME: TO: DATE EARNED: 2 Z- / TIME: CASE #: TO: SIGNATURE:ID#: APPROVED; [ �� DISAPPROVED: [ ] SUPERVISOR: CHIEF: NOTES : f ADMIN USE: SCH TIME PAY REQUEST FOR PAID LEAVE OF ABSENCE CHARGED TO 0VC-,, t`1. lak VACATION [ ] COMP TIME [ ] SICK LEAVE [ /1_�AS FOLLOWS TOTAL REQUESTED LEAVE TIME INCLUDING RDO'S: FROM �i / ' S/ I TO_�IJJJ_�—z DATE HOURS / 5 112) iz q6%�1 f� LI I1 L) TOTAL DAYS —� REASON FOR ABSENCE o ; SIGNATURE: TOTAL HOURS: -3 5 DATE e c� Z APPROVED J / 7 DISAPPROVED [ ADMIN USE: SCH TIME 4�z PAY REQUEST FOR PAID LEAVE OF ABSENCE CHARGED TO: lta�A, VACATION [\X4 COMP TIME [ ] SICK LEAVE AS FOLLOWS: TOTAL REQUESTED LEAVE TIME INCLUDING RDO'S: FROM DATE HOURS TOTAL DAYS TOTAL HOURS: REASON FOR ABSENCE: SIGNATURE: DATE. oLi I tS 1� APPROVED DISAPPROVED ADMIN USE/ TIME: ,�/ PAY : GULF STREAM POLICE DEPARTMENT OVERTIME AND HOLXDAY COMPENSATION NAME: Ma� ,s,gao . 'ytuTE�z, COMP TIME:[ ] PAY: [\�Q HOURS: REASON: � ��V � �� c; taT � � � CASE # : � DATE EA►RNED:o� /Z-1 / Zi TIME: (20,f�l TO: 10v � --/_J TIME: TO: SIGNATURE:\' ID#: - s APPROVED:[A SUPERVISOR: CHIEF: DOTES : ADMINUSE: 'tF IFAlyl H )1 l( != I )t-1'Ak 1111.NI'{ SCH TIME PAY REQUEST FOR PAID LEAVE OF ABSENCE CHARGED TO : V-vireYL VACATION [ ] COMP TIME [ ] SICK LEAVE AS FOLLOWS: TOTAL REQUESTED LEAVE TIME INCLUDING RDO'S: FROM /--J DATE HOURS 2-3 1 Z,DZr S NrS TOTAL DAYS : �^ TOTAL HOURS REASON FOR ABSENCE : <:;;T , cAV SIGNATUREDATE: c7-tl 23/ZoZI APPROVED QISAPPROVED [ GULF STREAM POLICE DEPARTMENT MEMORANDUM OFFICE OF THE CHIEF OF POLICE Edward K. Allen DATE: 05/04/21 TO: Officer Felter RE: Termination On April 28, 2021 the results of your Internal Investigation were concluded with the following results: R&R - #2-12 Insubordination — SUSTAINED SOP #17-15 Improper Use of Body Worn Camera — SUSTAINED At this point it is clear that you do not respect the chain of command or your responsibilities as a Gulf Stream Police Officer serving our community. Prior to this incident on May 22, 2019 the Town received an anonymous photo of a uniformed Gulf Stream Police Officer sleeping in a Patrol Car. That photo was shared with me and I identified you as the sleeping officer. At that time, you were counseled on your patrol procedures and the Rules and Regulations of Gulf Stream officers includingthe prohibition of sleeping on duty and were given a verbal reprimand. Less than 3 months later, in August of 2019, a weeklong review of nightshift in -car video was conducted, and several discrepancies were found with your patrol video when matched against your patrol logs. This included extended periods of stationary time and failing to respond as backup officer on traffic stops. As a result of this review, it was determined that you were falsifying your patrol logs. Due to your previous verbal reprimand regarding sleeping on duty, failure to correct this issue, and falsifying patrol logs to conceal your continued violations, you were given a written reprimand and advised that further activity of this type would result in disciplinary action including suspension or termination. On November 2, 2020, you refused to follow my lawful directive as the Chief of Police as communicated to you through the chain of command, and further advised other officers to do the same. A written reprimand dated November 12, 2020 was placed in your file that you signed. In addition, it should be noted that a former officer advised us that you took pleasure in your supervisor's frustration with your refusal to follow their lawful directives. In light of the foregoing, I am recommending that your employment be terminated. This is notice to advise you that if you choose, you may meet with the Town Manager prior to any disciplinary action being taken. The purpose of this meeting is to allow you to make whatever statement you so choose regarding the proposed disciplinary action and present whatever information you want placed in your file. Your attendance at this meeting is not mandatory. However, if you choose to attend, please confirm your attendance with the Town Manger. He has scheduled this meeting for Wednesday, May 5, 2021 at 3 p.m. You will be notified in writing of the Town Manager's final decision regarding disciplinary action. The decision will not be delayed. As of receiving this notice you are being placed on administrative leave with pay, you should not return to the Gulf Stream Police Department without permission. You are directed to remain available to the extent the Town needs to contact you. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Notice of Discharge To: Officer Marshall Felter From: Gregory L. Dunham, Town Manager Re: Termination Date: May 19, 2021 Officer Felter, After reviewing your disciplinary file, considering statements made at your May 12, 2021 Predisposition Hearing, and conducting independent interviews of the officers involved, please be advised that I am accepting Gulf Stream Police Department ("GSPD") Chief Edward Allen's recommendation that you be terminated, which will be effective today, May 19, 2021. On April 28, 2021, the results of your Internal Affairs Investigation were concluded by Delray Beach Police Department Sergeant Paul Weber of the Internal Affairs Section (an independent third party), which sustained the findings of insubordination and improper use of body worn camera. The GSPD Rules and Recommendations define Insubordination as follows: GSPD Rules and Regulations 2-12 Insubordination Insubordination will include, but not be limited to, any failure or deliberate refusal by a member to obey a lawful order given by a supervisor or any disrespectful, mutinous, insolent, or abusive language or action by a member toward a supervisor, whether in or out of the presence of the supervisor. A first instance of insubordination by itself is grounds for termination as stated in the GSPD Policy Manual, SOP 11.02, which reads as follows: III. Administering Discipline B. All disciplinary actions imposed will be commensurate with the severity of the offence coupled with due consideration of the member's prior performance record. Disciplinary actions taken will be progressive in application, except: 1. When violations of a serious nature occur, the actions may include an immediate temporary removal from duty. These violations include but are not limited to, criminal misconduct, theft, domestic violence, insubordination, sabotage, any threat to department members or the public, and/or suspected drug/alcohol use while on duty. 2. If an investigation substantiates the validity of the charges, the above violations are cause for dismissal. Depending on the seriousness of the offense, and even if it is a first offense; disciple of a progressive nature is not required. However, this was not your first offense, or even your first incident of insubordination. On May 22, 2019 the Town received an anonymous photo of a uniformed Gulf Stream Police Officer sleeping in a Patrol Car. That photo was shared with the Police Chief, who identified you as the sleeping officer. At that time, you were counseled on your patrol procedures and the Rules and Regulations of Gulf Stream officers including the prohibition of sleeping on duty and were given a verbal reprimand. During your May 12, 2021 Predetermination Hearing you admitted to sleeping on the job on more than one occasion and understood that this was not acceptable. Nevertheless, the GSPD Rules and Regulations — General Conduct On -Duty Section 3-1 expressly prohibit sleeping while on -duty. Less than 3 months later, in August of 2019, a weeklong review of nightshift in -car video was conducted, and several discrepancies were found with your patrol video when matched against your patrol logs. This included extended periods of stationary time and failing to respond as backup officer on traffic stops. As a result of this review, it was determined that you were falsifying your patrol logs. In the August 22, 2019 written reprimand, then -Lieutenant John Haseley noted that your conduct was in disregard for your safety and the safety of other officers and violated a memo dated January 22, 2018 advising that all Gulf Stream officers for Officer safety will respond together on all dispatched calls and traffic stops. At the predetermination hearing, you denied having received the August 22, 2019 written reprimand at the time the discipline was made, and further stated that there was nothing unusual about the periods of stationary time. However, you admitted to sleeping on duty on more than one occasion and further provided an example of being on YouTube while on duty. It should also be noted that Captain Haseley recalls specifically handing you the August 22, 2019 written reprimand. In addition, you did not dispute having knowledge that it was in your personnel file. As referenced in that letter, you were advised of the charges against you and that further activity of this type would result in disciplinary action including suspension or termination. Finally, the August 22, 2019 written reprimand was sent to you five (5) days before your May 12, 2021 Predetermination Hearing. Another recent act of insubordination came on November 2, 2020, when you refused to follow Chief Allen's lawful directive as the Chief of Police as communicated to you through the chain of command. My investigation into this matter supports the violations contained in the report dated November 6, 2020. You signed the written reprimand dated November 12, 2020 that followed, and you had an opportunity to contest the findings with both Chief Allen and myself. At the Predetermination Hearing you denied failing to follow a lawful directive of the Chief. However, during my investigation, other officers confirmed that you did engage in conduct that meets the definition of insubordination. Soon after the November 2020 written reprimand, an independent Internal Affairs Investigation sustained findings of insubordination and improper use of body worn camera stemming from an incident on March 31, 2021. My investigation into this incident sustains the findings made as part of that independent Internal Affairs Investigation. At the Predetermination Hearing, your attorney asked on your behalf, that there be progressive discipline and that rather being terminated you simply be disciplined. Although progressive discipline is not a requirement, documentation reviewed shows that there were prior instances of the GSPD attempting to correct your behavioral issues without success. Your attorney also suggested that there was some type of personal animosity between you and Sgt. Bernard O'Donnell, however the record shows there were documented instances of reprimands given by Captain Haseley. Based on the factual findings of the investigation conducted and details of the charges which are incorporated herein by reference, and after considering your response, I hereby accept Chief Allen's recommendation that you be terminated. In accordance with the Town's personnel policy, your accrued vacation time has been forfeited because you have been terminated for cause. To the extent you believe you have comp time, please contact Rebecca Tew at (561) 276-5116. Also, you must return your Gulf Stream Police Department ("GSPD") items as follows: dress hat, ss shirt(s), ss base shirt(s), LS shirt, BDU pants, police jacket, body armor vest, vest carrier, shirt "flex" badge, policy book, Glock box, and citation booklet. Your insurance will end effective June 1, 2021, but you may elect to continue your health insurance coverage (COBRA) by notifying the Town's Insurance Agents at Gehring Insurance, (561) 630-6247 and paying any applicable costs. You may also elect to continue your dental or vision coverage by contacting the Town and speaking with Mrs. Tew and paying any applicable costs. Attached to this correspondence is the supporting documentation and a recording of your predisposition hearing. Best r y Lgards, Gregor. `Du ham Town Manager GULF STREAM POLICE DEPARTMENT MEMORANDUM TO: Felter personnel file FROM: Captain John Haseley DATE: 5/21/21 `) SUBJECT: Ofc. Felter's Locker (Termination) On 5/21/21 Chief Allen and I completed an equipment check of Officer Felter's Locker. A equipment check list was completed. Personal items were placed in a box for Ofc. Felter. Felter arrived at the P.D. to turn in additional equipment on 5/21/21 at 1100 hours. The box with the personal items was given to him. Felter looked through the box and removed a few items which he took. ( A crime scene print kit). Remaining in the box was: A toy lizard A toy black snake Under armor Police boots Name tag Paperwork GSPD blank forms and file box Socks Felter advised he did not want and of these items. The items were disposed of in the trash. Paperwork (time sheet copies and a training cert) which were in his mailbox were placed in his personnel file. GULF STREAM POLICE OFFICER ISSUED EQUIPMENT LIST D.O.E. 20 EMPLOYEE NAME a I.D.# ZfZD.O.T. ITEM / AMOUNT TO ISSUE RECEIVED MISC INFO MAN_ DTORY RETURN DRESS HAT 1 ^tv HAT BADGE 1 "-" POLICE HAT 1 —' NA DICKIE 1 NA TIE 1 Lf"ow SS SHIRT 2 � jo SS BASE SHIRT 2 cew. LS SHIRT 1 PANTS 3 NA BDU PANTS 1 kit e POLICE T-SHIRT 1 RAIN COAT 1 POLICE JACKET 1 BELT KEEPERS 4 DUTY BELT 1 UNDERBELT 1 -- HOLSTER R / L 1 % CUFF CASE 1 i MAG. POUCHES 1 j ASP 1 ASP HOLDER 1 O.C. SPRAY 1 O.C.SPRAY HOLDER 1 GLOVE HOLDER 1 CELL PH. HOLDER 1 NA RADIO HOLDER 1 SHOES 1PR /fie NA _ HANDCUFFS Hinged 1 BO. ARMOUR VEST 1 VEST CARRIER 1 RADIO / BATTERY 1 cep BATTERY CHARGER (AT PD) 1 _ RADIO EAR PIECE 1 '— G.S.P.D. PINS (PR) 1 SHIRT BADGE 1 NAME TAG 1 jC 2 NA CITATION HOLDER 1 POLICY BOOK 1 , I.D. CARD 1 KEY(FRONT DOOR) 1 FIREARM GLK 40 Cal & 3 MAGS 1 TO INCLUDE BOX_& LIGHT CITATIONS / UTT-DOG-PARK_ ING s'e Assigned BWC 1 �y�� GULF STREAM POLICE DEPARTMENT OFFICER EQUIPTMENT LIST EMPLOYEE NAMEL' TF I.D. # D.O.E. S.S. #--------- -- - --- -- DATE ITEM AMOUNT MISC. INFO -_------ - - -- --- - - - SHIRT L/S_.- ---- SHIRT S/S ---- �------- G.S.P.D. PINS ------ SHIRT BADGE ----- f -- PANTS HAT !HAT - -- _ BADGE -- - - I.D. CARD --! ---- KEY(FRONT DOOR) JACKET DB.D.U. SHIRT L/S -------- B.D.U. PANTS- - - CAP---- --- ---I- - - - RAIN GEAR _ EK EPERS -- -- - CITATION HOLDER FIREARM MAGAZINES -_-_-__ HANDCUFFS --- DUTY BELT UNDERBELT / ------HOLSTER SCUFF CASE- MAG.P000HES _ASP ----1O.C. ASP HOLDER SPRAY O.C. SPRAY HOLDER G_L_OVE HOLDER - -- - -+ CELL PHONE HOLDER _ - RADIO HOLDER i _ RADIO __ RADIO BATTERIES TBATTERY CHARGER 1 - %,F STRgM pquq Shemn YaUce Qa�1C� FA r DepatUnvd GARRETT J. WARD #each00 p Chief of Police FLA.I RECEIPT OF NEW FIREARM Firearm along with the listed accessories must be kept by the Officer in good condition and all must be returned upon separation of Employment. 1-Glock Gun box (Plastic) including the following items. 1-40 cal Glock Model 22 Serial # AAKD604 Magazines 1-Speed loader 1-Cleaning set 1-Instruction Manual 1-Cable lock 4-Back Straps Issued to: Name Ofc. Marshall Felter Signature Date: '>�A 2ts 1� Issued by: Name Lt. E. Allen Signature'. 246 Sea Road, Gulf Stream, Florida 33483 Administration (561) 278-8611 5/20/2021 F L C O N Fdrr�iAa'.+ Integrap•r! Criminal /lr,nary Sl, (rnr Manage Retained Applicant Fingerprint �5�zG1Zi n DELETION CONFIRMATION Your supervisor will be informed that the following records have been selected for deletion. These records will be available for your supervisor's review until at least 0512612021 at midnight. They will be deleted on or after this time. Manage Retained Applicants - Filter Criteria[ ORG NAME: PD - GULF STREAM POLICE DEPARTMENT, FIRST NAME: marshall, LAST NAME: fetter ] searched on Date: 05/20/2021 Name Transaction Customer ORI# Agency Date of SSN OCA# Date Status Control ORI(CRI#) Birth Retained Number(TCN#) FELTER, MARSHALL ROBERT 70LXSOD0000002139 FL0501300 LSD000354 PD - GULF 02/23/1961 263571769 STREAM POLICE DEPARTMENT One item found. Export option: CSV Excel PDF RTF New Search Return to top I Contact FALCON I FDLE 04/07/2015 Requested Deletion https://falconweb.flcjn.nettfalconweb/controller/search-applicant-flow?execution=e4s8 1 /1 5/20/2021 Mail - John Haseley - Outlook Gulf Stream Officer Felter John Haseley <jhaseley@gulf-stream.org> Thu 5/20/2021 10:57 AM To: katie Hartman (Hartmank@mydelraybeach.com) <hartmank@mydelraybeach.com>; Marlo Dahl (Dahl@mydelraybeach.com) <dahl@mydelraybeach.com> Cc: Edward Allen <eallen@gulf-stream.org> Good morning, Effective 5/19/2021 Ofc. Marshall Felter, call sign has been terminated from the Gulf Stream Police Department. Please remove him from all Gulf Stream and Delray Communication systems. I will be removing him from NCIC, David, and all other systems the Gulf Stream Police use. Ofc. Marshall Felter GSPD I.D. Thank you, Captain John Haseley Gulf Stream Police 246 Sea Road, Gulf Stream FI 33483 P.D. 561-278-8611 Dispatch 561-243-7800 Fax 561-276-2528 Confidentiality Notice : This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law e-mail addresses are public record. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead contact this office by phone or in writing. https://outlook.office365.com/mail/AAMkADUzZjNkMWVILTRjMDQtN DU5ZC04NWY1 LW U40GYOMzNjYjg1 YgAuAAAAAADRUvUHgO36Q7w%2B7w... 1 /1 GULF STREAM POLICE OFFICER INFORMATION / SYSTEMS SETUP D.O.E. 1_ EMPLOYEE NAME V124, t2r Ak%ol I I.D.# D.O.T. J Information systems: LOGGED IN LOGGED OUT DATE SUPERVISOR ATMS FALCON o Z Aleir Log in Password Zo z David Login --- -- -- -- - MDT Login (Delray) {. �� NCIC/FCIC CERT (Next test) Call FILE GSPD E-MAIL �/ �� - u z/ Squad room desktop computer Zr Z Code Red S zc ME Office Trac's / Elvis 2 New Employee Information : Police I.D. Number Radio assigned number & call I.D. - —_ P.D. rear door code G 5 ---_ _ P.D. front door key Town Hall alarm code _ _ Town Hall Interior door code Shop code Training FTO Manual Locker number & Combo Traffic Citations Traffic Warnings Parking Citations &_ copy of ordinance Dog Citation Misc Town Forms: Employee Acknowledgement Form Probationary Period Form U.S. D.O.J. Employment Eligibility Verification (I.9) _ Public Employee's Oath / Oath of Office Town Ins. Packet / EmployeeAcknowledgment Emergency Contact info Personnel List update DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Chief Edward Allen Chief of Police — Town Gulf Stream FROM: Sergeant Paul Weber Internal Affairs Section DATE: April 28, 2021 SUBJECT: GSPD I.A. #21-01 On April 14, 2021, 1 was assigned this Internal Affairs case (GSPD IA21-01) for investigation by Chief Javaro Sims, on behalf of Gulf Stream Police Department Chief of Police Edward Allen. This case arose from an Administrative Complaint generated by Sergeant Bernard O'Donnell on April 13, 2021. In summation, Sergeant O'Donnell reported on March 31, 2021, at 1900 hours, while attempting to conduct a joint briefing with night and day shift officers to go over a policy change regarding overtime and leave time, Officer Marshall Felter refused to stay in the briefing room, stating he does not report to him, he reports to Captain Haseley, and his "conduct was deliberate, disruptive, disrespectful, mutinous, and insolent." Sergeant O'Donnell further stated in his complaint that Officer Felter was recording on his Body Worn Camera (BWC) in violation of policy. Sergeant O'Donnell's complaint alleges Officer Felter's actions on the night of March 31, 2021 were a violation of the Department's rules and regulations for Insubordination: Professional Conduct and Responsibilities R&R 2-12 and Improper Use of Body Worn Camera SOP 17-15. On April 14, 2021, 1 met with Chief Allen and Captain Haseley at the Gulf Stream Police Department. I received a copy of the complaint and associated documents in order to conduct the investigation (included in file). I also received a thumb drive which contained the BWC recording from Officer Felter's BWC. The first clip captured the initial interaction between Officer Felter and Sergeant O'Donnell as well as approximately twenty minutes of footage leading up to the encounter. The second clip begins at approximately 1928 hours and captures Officer Felter enter the briefing room and locker room with his BWC activated and as he begins walking out the door, Sergeant O'Donnell is attempting to record a time stamp on Officer Felter's camera. The third clip begins at approximately 1930 hours and captures Officer Felter retrieving items from his personal vehicle and then as he loads the items in the patrol vehicle, Sergeant O'Donnell attempted to give him a directive regarding his next shift and Officer Felter advising Sergeant O'Donnell that he only "follows the direction of Captain Haseley." GSPD I.A. Case #21-01 On April 15, 2021, 1 emailed to Captain Haseley, my request to interview Sergeant O'Donnell on April 16, 2021, and witness officers Batista, Sutton, and O'Neal on April 19, 2021. 1 also sent a request to interview Officer Felter on April 20, 2021 during his shift. On April 161h, Captain Haseley advised that appointment letters were delivered and all involved would be present for interviews. On April 161h, I received an email from Attorney Michael Salnick, counsel for Officer Felter, requesting to reschedule his interview. I contacted Mr. Salnick and rescheduled the interview for April 23, 2021 at 0800 hours. On April 16, 2021, 1 responded to the Gulf Stream Police Department to take a sworn taped statement from Sergeant O'Donnell; at 1500 hours, the recording began. During the statement, Sergeant O'Donnell stated he had been a law enforcement officer for twenty-one years with the Connecticut State Police and has been employed with the Town of Gulf Stream for approximately eight years; being sergeant for approximately the last four years. I then went over the Chain of Command with Sergeant O'Donnell. Weber: ...Can you explain the chain of command here at the Town of Gulf Stream? O'Donnell: Yes. The chain of command based on our operator procedure is as follows, it's Gulf Stream organizational chart is chief of police, captain, and two sergeants and then police officers, part-time officers, and code enforcement. Weber: OK. So, if I understand this then, the captain reports to the chief of police, the sergeant reports to the captain and the patrol officers report to the, the sergeants. O'Donnell: That is correct. I asked Sergeant O'Donnell about briefings. Weber: OK. How often do you hold briefings here at the police department? O'Donnell: Every day. Weber: Everyday. What is the purpose of your patrol briefings? O'Donnell: To make sure the officers are on time. Make sure they're in uniform, they have their gun belt on. They have their weapon. They have everything that they need for patrol and then also to disseminate information that was either through the captain or the chief, and discuss anything that had occurred during the previous shift that would be pertinent to their patrol coming onto duty. So, it's just basically disseminating information and seeing if they have any questions and any equipment they may need and so on and so forth. Weber: Is it also a time where you use this to go over like directives from the chief or policy updates or general order updates? Initial A)_ Page 2 � GSPD I.A. Case #21-01 I asked about the purpose of the briefing on the night of March 31, 2021. Weber: OK. On the night in question, you were going to hold an overlapping day/night shift briefing, is that correct? O'Donnell: That is correct. Weber: Is that normal or do you normally hold one in the morning for day shift and one at night shift? O'Donnell: On this particular shift, there was specific information that was not shared with the day shift and the night shift and there were two officers that were coming in who were identified as Officer Marshall Felter and Officer Allen O'Neal. Weber: Um hm. O'Donnell: They weren't privileged to this information as to yet. It was a new policy that was set and, and also the off going shift needed to be briefed on certain information of a specific new order that just came out. So, the purpose was to have a group setting and discuss it and talk about it one time. Weber: Um hm. O'Donnell: Aad not have, and not have to discuss it twice and this way if it was questions, concerns, it would be brought up at that time and, hopefully, I would be able to answer 'em. Weber: OK. Do you remember what the policy was? O'Donnell: It was about flex time. I asked Sergeant O'Donnell if he was able to conduct the briefing. He advised initially he was not, but eventually did without Officer Felter being present. I asked him to explain what happened. O'Donnell: It was about 1900 hours or shortly there prior. I was waiting for one additional officer, Officer Ray Batista. He was just finishing up some issues in the car and he was about to come in and I was waiting to hold that briefing until when he came in. So, it was at that time he came in and everybody was present. Officer Sutton, Officer Allen O'Neal were seated. Officer Ray Batista was about to be seated and that's when Officer Marshall Felter picked up his belongings and walked towards the front door, or the back door to go, to leave the building and so I made it known to him that, to stop and that I was holding a briefing and he was to have a seat. Initial �P— Page 3 GSPD I.A. Case #21-01 Weber: Um hm. O'Donnell: And at that point, he was reluctant to do so. He says that "I don't answer to you" and he begin to say that "1 don't work for you, I work for, directly for Captain Haseley". So I said "You will sit down. We're having briefing before you leave. You are not to leave this building." And he says, he, he reused it and he walked out the door. Weber: Has anybody ever indicated to you, before this night, that he doesn't work for you, he only works for Captain Haseley? O'Donnell: No. I never had a conversation. The chief or the captain never, no one made it known to me that I was taken out of his chain of command. Weber: Um hm. O'Donnell: That was never discussed, either verbally or in writing. So, it was my contention that he was to report to me like everybody else does and I didn't have any other information that changed that for that night. We then turned our attention to the issue of the BWC. Sergeant O'Donnell told me that Officer Sutton brought to his attention that Officer Felter's BWC was actively recording. I asked Sergeant O'Donnell about SOP 17-15 which covers the use of the BWC. Weber: OK. I was given a policy that was issued on 10-14-2020. 1 guess it was a policy update to general order 17-15, which covers the use of body worn cameras. Was there ever a briefing to go over that update or were the officers given the directive in their mailbox? O'Donnell: I can't say for a hundred percent certainty if it was brought up in a briefing or roll call or anything like that, but it, the captain, generally, or most often, is to disseminate information that goes into our procedure, or manual, and we are given a copy of it and the officers sign it and its' be gone into their, their manual. Weber: OK. And when they, when they sign for the order, I'm assuming at that point in time, they're taking responsibility that they have read it and they understood it and if they had any questions about it they would've sought a supervisor to clarify any questions? O'Donnell: Yes. I asked Sergeant O'Donnell to go over some of the policy as outlined in SOP 17-15. Initial P- Page 4 GSPD I.A. Case #21-01 Weber: I want to go over two specific parts of your policy. General order 17-15, Section 2, Part 1, talks about the start-up procedure at the beginning of shift. Can you go over that with me? O'Donnell: Yes. Upon arrival into the building or when they're ready to go in service, they take the camera and they will activate it. They will give their date, the date, the time, their name and that they are going 10-8 and test. Weber: Um hm. O'Donnell: And they deactivate it. Weber: Do they just put it in a stand-by mode at that point? Weber: OK. 1 also want to go over policy 17-15, Section E, Parts 1, 3 and 4, OK? Section 1 talks about... 1 highlighted this... Section 1 talks about conversations of fellow employees aren't supposed to be recorded. O'Donnell: Yes. Weber: Section 3 talks about when on break or otherwise engaged in personal activities, cause there was a part of the time where he had a conversation with somebody on his personal cell phone? O'Donnell: Yes. Weber: And Section 4 talks about in any location where employees have a reasonable expectation of privacy such as a restroom or locker room. I asked Sergeant O'Donnell if he had reviewed the BWC of Officer Felter from that night and he advised that he had. Weber: Did you get a chance to view the video? O'Donnell: I did. Weber: And would you concur that he violated those three sections of that policy? O'Donnell: 1 do. Lastly, I asked Sergeant O'Donnell if he had anything else to add. N Initial Page 5 GSPD I.A. Case #21-01 O'Donnell: The, the briefing was to specifically talk about the policy change and not only that, but we had an incident that, that occurred during the shift that he didn't have any part to, but needed to be brought, made aware of, cause there were specific orders that was to be followed during his shift. Weber: OK. O'Donnell: And it was also the point for me to make that known not only to him, but Officer Allen O'Neal. So, specifically, the roll call was, yes, to discuss the policy, but also disseminate police activity that would need to be done later in that shift. Weber: Were you able to convey that message to him? O'Donnell: No. Weber: How about Officer O'Neal? O'Donnell: Yes. The interview concluded at 1516 hours. For a complete rendering of this interview, please refer to the sworn, recorded statement. On April 19, 2021 1 responded to the Gulf Stream Police Department to obtain a sworn taped statement from Officer Ramon Batista; the recording commenced at 1023 hours. Officer Batista advised he has been a police officer for forty years and has been with the Town of Gulf Stream for five years. I asked Officer Batista if he would go over the Chain of Command as it pertains to the Gulf Stream Police Department. Weber: OK. If you, if you know off the top of your head, can you tell me how the chain of command goes for the Town of Gulf Stream. Batista: I'm not a hundred percent sure on, cause I haven't looked at it recently, but I believe it's the chief of police, the captain and the two sergeants and then the, the officers. Weber: OK. So you've been a police officer for forty years. Batista: Yes, sir. Weber: Who would be your direct report? Batista: The person that I report to directly? Initial 1-d Page 6 GSPD I.A. Case #21-01 Weber: Yes. Batista: It would be Sergeant O'Donnell. I asked Officer Batista if he knew if any officers reported to someone other than the Sergeant Weber: OK. Do you know of any other officers that work here that report to someone, I'm talking first line officers, that report to anybody other than their sergeant? Batista: No, sir. Officer Batista then clarified his statement. Batista: ... Excuse me. I just wanted to back up to that one question when you asked me if I know of any other officers. I don't know if you, if I'm getting ahead of myself, but on that particular date when this incident happened, one officer in particular, mentioned to Sergeant O'Donnell that he doesn't report to him. He reports to, to the captain... I asked Officer Batista if he would explain what he observed during briefing on the night of March 31, 2021. Batista: So he, the sergeant wanted to make sure that all four of us were, were sitting there at shift change and were aware of, of the new policy with, in relation to how, what time we could, you know, start getting ready to leave and what time we could leave and if we had to stay in uniform and so forth. Weber: OK. Was Sergeant O'Donnell able to hold this briefing? Batista: He started, he started to have the briefing and at that time Officer Marshall mentioned something that he had to go outside. That's approximately about the time I was getting ready to walk in, or 1 had walked in and was sitting down and he mentioned, he mentioned something about you know the officer, I'm sorry, Sergeant O'Donnell asked him "If can you please have a seat, we're gonna have the briefing and I just need everyone to be here a minute so we can go over this." And he said that he didn't report to, to him, he reports to Captain, Captain Haseley. And then at some point around there, when Officer Marshall had stepped out, but then when he stepped out, Officer Sutton had noticed that his body worn camera was, was on. So, he had mentioned that to Sergeant O'Donnell and so he, being in the violation of the policy, Sergeant O'Donnell mentioned that to Officer Felter and Officer Felter said "No, I'm not, I'm not gonna shut the camera off. I'm gonna keep it on." Initial #1 Page 7 GSPD I.A. Case #21-01 According to Officer Batista, there were no calls holding causing Officer Felter to have the need to expedite leaving and getting ready to go on patrol. I asked Officer Batista about SOP 17-15 governing BWCs, issued on October 14, 2021, and the training he received in the use of the BWC. Officer Batista advised it was discussed in several briefings leading up to when the cameras were issued. He stated Officer Sutton was the go to person for any technical questions regarding the BWC. I asked Officer Batista to go over the start of shift procedure as outlined in 17-15, Section 2 Part 1. Batista: ... Sure, sure. I believe you're, you're referring to when, when, I do this every day when 1 come on duty. I'll give the, I turn the camera on and 1 identify myself and the date and time and then I give my ID number. Weber.: OK. And then you put it into a stand-by mode? Batista: And then after I, you know, after, or 1 press the button and it starts recording and it'll say "video on". Weber: Um hm. Batista: Then after I give that information, 1 press it twice and it shuts the camera off. asked Officer Batista if he would explain when he was not to record as outlined in 17-15, Section E, Parts 1, 3, and 4. Batista: I believe that's the one that says that we will not use it to record other officers unless we're on, on a scene outdoors or something like that, but not, you're not supposed to record them anywhere like in the station or anything like that unless it's a police related. Weber: Right. Batista: (Unintelligible) Weber: So with that being said, a roll call briefing wouldn't be one of those incidents where you would be recording, is that correct? Batista: Yes, sir. That would be my understating, that that's not a normal type one where we would be recording. Initial M Page 8 GSPD I.A. Case #21-01 The interview concluded at 1032 hours. For a complete rendering of this interview, please refer to the sworn, recorded statement. Following the interview with Officer Batista, I met with Officer Todd Sutton to obtain a sworn taped statement; the recording commenced at 1034 hours. I began the interview by going over the Department's organizational chart and chain of command. Weber: So, as a patrol officer, who do you report to? Sutton: The sergeant, directly. Weber: Is it known or common for any of the patrol officers to report directly to a captain? Sutton: No. The sergeant is the supervisor. He's the, the first in the chain of command. Weber: So if somebody says to you, "I don't report the sergeant, I report to the captain", would that surprise you? Sutton: That would surprise me, yes I asked Officer Sutton about the briefing on March 31, 2021. Weber: Can you tell me what happened at that briefing? Sutton: I entered the building about, I would say it was between 6:50 and 6:55, and when I entered the building, Sergeant O'Donnell and Officer Felter were engaged in a conversation right by the door and I heard something to the effect of we're having a meeting and Officer Felter said "Well, that's not how it normally is. We get in our cars and we go at shift change." And Sergeant O'Donnell said "Well, we're having a meeting" and Officer Felter said "Well, I don't report to you" or "I don't...'; something in that... "I don't report to you, I don't...." I'm trying to think of the other word... But anyway, he said "I don't report to you" and he walked out... I asked Officer Sutton about the frequency of briefings and who would conduct them. Weber: Are most of your briefings at the beginning of your shift? Sutton: Yes. Weber: And would Sergeant O'Donnell provide a night shift briefing for the oncoming night shift? Initial i. Page j GSPD I.A. Case #21-01 Sutton: Not very often, no. Weber: But when one was needed, would he be the one that would effect it or... Sutton: ... Absolutely. Weber: ... or the other sergeant? Sutton Right. Weber: OK. On this particular night 1 was told that there was a, a overlapping briefing because a new policy had come out and they just wanted to get the message out to everybody at the some time? Sutton: Right. Weber: OK. Were you given advance notice of the briefing? Sutton: Yes. I asked Officer Sutton if he noticed that Officer Felter had activated his BWC and he stated he did. I asked him about 17-15, Section E, 1, 3 and 4. Sutton: 1 don't know it verbatim, but 1 know that you are not to use a body worn camera in the locker room or the bathroom and you are not to use it to record other officers. 1 know that's in the policy. Weber: Would the patrol briefing be one of the instances where you shouldn't be recording with your body worn camera? Sutton: 1 would, I would say yes. asked Officer Sutton about the beginning of shift start up procedure for the BWC as outlined in 17-15, Section 2 Part 1. Weber: The start up procedure. Sutton: You're to do a test recording stating the date, the time, your name, and your badge number. That's what 1 do. Lastly, I asked Officer Sutton if he knew of anything urgent happening in town that would have prevented Officer Felter from attending briefing. Initial N Page 10 GSPD I.A. Case #21-01 Weber: Right. To your knowledge, was there any, any calls holding or something pressing that he couldn't sit in briefing, he had to get out on the road? Sutton: No. Weber: And there was no reason why he couldn't of sat through briefing and heard whatever information was gonna be disseminated that night? Sutton: I don't recall any incidents during that time period that we were dispatched to or that were prudent to, to get out on the road, no. The interview concluded at 1043 hours. For a complete rendering of this interview, please refer to the sworn, recorded statement. On April 19, 2021, Officer Allen O'Neal responded to the DBPD for his sworn taped statement; the interview commenced at 1932 hours. Officer O'Neal advised he has been a police officer for thirty-two years and has been with the Town of Gulf Stream for approximately two years as a patrol officer We discussed the organizational chart from his general orders book and I asked him about the chain of command. O'Neal: Gulf Stream chain of command is officer, sergeant, at the time when I was hired it was lieutenant, the lieutenant has since then been promoted to captain, then chief. Weber: OK. So, who would be your direct supervisor then? O'Neal: The Sergeant Weber: Do you know of any police officers in your agency that directly report to the captain ? O'Neal: None. I asked Officer O'Neal about the night of March 31, 2021 regarding briefing. O'Neal: In the parking lot, the sergeant indicated that we may have a briefing. He had some information. Weber: OK. Was that briefing able to take place? O'Neal: No, well he tried to start it. Weber: Can you tell me what happened? Initial Page 11 GSPD I.A. Case #21-01 O'Neal: Myself, Officer Batista and Officer Sutton were sitting down. Officer Felter was also present. As he began to start the briefing, Officer Felter gathered his stuff and began to walk out. The sergeant asked him to have a seat because we were having briefing. He said "No". They had some words back and forth. He gave him an order to sit down. He said "No". He walked out. He was outside for a few moments. Returned. The sergeant again asked him to sit down. He said "No he needed to get some medication or something like that and proceeded to walk out and during that conversation, Felter advised him that he only takes orders from the captain. I asked Officer O'Neal if he noticed that Officer Felter had his BWC activated during the encounter with Sergeant O'Donnell. O'Neal: Not during the first time. It was brought to my attention when he returned and he acknowledged it during the conversation with the Sergeant Weber: Is it common to wear your body worn camera in the on position during briefings? O'Neal: No, it is not. I asked Officer O'Neal to go over the startup procedure for the BWC according to 17-15. Weber: What is your start, your start up procedure, according to your general order 17- 15? O'Neal: Basically, check your body worn camera. Give date, time, vehicle, just general information and shut it off. And that's generally a testing and identifying type thing... I asked Officer O'Neal if 17-15 states where you are not supposed to record with your BWC. O'Neal: In there, there is a section where I believe we are not to have it on in the station and as we are conversating or having a conversation with other officers. Weber: Do you know if it also says not in the bathrooms or the locker rooms or... O'Neal: ... I'm pretty sure that's covered also. I'm... Weber: OK. O'Neal: I have not reviewed it lately. Initial —�— Page 12 GSPD I.A. Case #21-01 I asked Officer O'Neal about briefings, if held daily or as needed, and who would conduct briefing. Officer O'Neal stated briefings were held as needed when day shift wanted to pass along information to night shift. In the past, Sergeant O'Donnell would do briefings and he had never witnessed Officer Felter interact with Sergeant O'Donnell the way he did that night. The interview concluded at 1939 hours. For a complete rendering of this interview, please refer to the sworn, recorded statement. Officer O'Neal asked to make an additional statement. We went back on tape at 1941 hours and concluded the second statement at 1942 hours. For a complete rendering of this statement, please refer to the sworn, recorded statement. On April 21, 2021, 1 met with Captain John Haseley, via Microsoft Teams, and took a sworn recorded statement. I asked Captain Haseley to go over the chain of command for the Gulf Stream Police Department. Haseley: Our chain of command starts with the officer/code enforcement officers. It then goes on to the super, the next supervisor is the Sergeant It then goes on to myself the captain, and then ends with the chief of police. Weber: So, just for clarification purposes, the police officers report to the sergeants, the sergeants report to the captain and you report to the chief of police. Haseley: Correct. Weber: At any time during the employment of Officer Felter, was he given direction that he reports to you and not to either of the sergeants? Haseley: No, sir. Weber: OK. So the fact that he, on this night of March 315; refused to follow the order of Sergeant O'Donnell due to the fact that he only reports to you would surprise you. Haseley: Yes. I asked Captain Haseley about 17-15 which Officer Felter signed for on October 19, 2020. Weber: OK. Secondly, general order 17-15 gives directions on when and how the body worn cameras will be used from start up procedure through the actual use of a recording, is that correct? Haseley: Correct. Weber: When it was given to him on, in October of 2020, was there any clarifying questions that he asked of you or anybody else that you know of when he received the order? Initial �ld Page 13 GSPD I.A. Case #21-01 Haseley: I do not recall him asking me any questions. The orders were gone over by the sergeants at the time, whoever theirsergeant was at the time. You know, to clarify or answer any questions they may have into the use of the camera. Weber: And once they receive the order and sign for the order, they're expected to abide by the order until it... Lastly, I asked Captain Haseley if he had anything else he wanted to add to the investigation. Haseley: No, sir, just that, you know, we are a small department, a thirteen -man department. The officers do, from time to time, work without a supervisor or a Sergeant They are told that they may call any supervisor, or myself, or the chief of police, if needed, if they do not have an on -duty supervisor. Weber: OK. But in this particular case, there was an on -duty supervisor that was attempting to hold a briefing? Haseley: That's correct. Weber: Therefore, unless an order that was immoral, unethical, or illegal was given, he should've abided by it? Haseley: That's correct. Weber: And in this case he just was asked to sit in the briefing? Haseley: Correct. The interview concluded at 0935 hours. For a complete rendering of this interview, please refer to the sworn, recorded statement. On April 23, 2021 Officer Marshall Felter arrived at the DBPD at his scheduled time with his attorney, Michael Salnick. I escorted Officer Felter and Mr. Salnick to the IA conference room and provided them with a complete case file, which contained the complaint and all associated documents and transcribed witness statements. I also provided them with the BWC videos to view. Officer Felter was previously provided with the Investigative Warning form, which he read, stated he understood, and signed. Officer Felter was also provided with chapters 112.532 and 112.533 of the Florida Statutes. The sworn recorded interview commenced at 0858 hours. Officer Felter stated he has been a police officer for thirty-seven years with the last six years with the Gulf Stream Police Department. I asked him if he had received an organizational chart with the Gulf Stream Police Department and he replied that he believed he did. I asked him if he would explain the chain of command based on the organizational chart. Initial �P Page 14 GSPD I.A. Case #21-01 Weber: Based on the organizational chart, can you explain the chain of command? Felter: Yes. The chief of police, the captain, it used to be the lieutenant and then they made the captain's position, they promoted the lieutenant to the captain, and two sergeants and officers and that's all I know more of... 1 don't know a part about the code enforcement, or part-time officers. We don't have either/or. Based on his response, I asked him about the night of March 31, 2021 and the briefing Sergeant O'Donnell attempted to conduct. Weber: OK. When Sergeant O'Donnell asked you to remain in the briefing room, you stated you didn't report to him, you report to Captain Haseley. How did it come to be that you reported to Captain Haseley? Felter: Three days prior I had made a criminal complaint against Sergeant O'Donnell and two of the three officers involved in this, Officer Sutton and Batista, forGrand Theft and Scheme to Defraud the taxpayers of the Town of Gulf Stream, and when I had that sit-down with the chief and told him the concerns and this and that and he then asked me, you know, what do 1 want done. And I'm like "Well, that's beyond my pay grade, that's why I'm coming to you, but this is what I have witnessed for months"... Weber: ... Um hm. Felter: ... probably close to a year and it's not right. And I said "and I just wanted to tell you once, twice, three times", which I did and the forty minutes I was with the chief, about forty minutes or so, that I'm doing it under the protection of the, the protection of the Whistleblower Protection Act... Weber: ...OK. Felter: ... both Federal and on the State level because the state has their version of it. It's pretty much the some verbiage, but somewhat different, but I have a copy of that and he goes "Don't worry about it". He goes, "You report to me and John" and I'm like "OK" and he goes, I said "I'm available, you know, to speak at any given time at the roundtable with the Town manager, with the Town attorney. I said, but keep in mind, I know how this will play out. That's why I'm doing this. OK? Weber: Um hm. Felter: Under the Protection of the Whistleblower Protection Act. He goes "OK". 1 get up. I got this like response from him. You know, because I had asked him. I said "Are you..." and he, he wasn't versed on it. You know... Initial 'i " Page 15 GSPD I.A. Case #21-01 Weber: ... Are you talking about Chief Allen? Felter: ... It's Chief Allen, yeah. We went on to discuss what was planned to be discussed in the briefing that night. Weber: ... And I guess the topic in the briefing that night and with all the squads, both squads present, was going to be the elimination of flex time and any time that it was either worked over had to be documented in an overtime slip and any time that was gonna be requested for off time had to be documented in a leave slip. Felter: Right. And that was up on a memo, up on the bulletin board that we had to initial. Weber: Right. Felter: Where everything goes from the captain's office up on that board cause the captain is very rarely therefor us to see... Weber: ... Right... Felter: ... especially in the crossing of the shifts. So, I already knew of that. Weber: OK. Weber: So, I guess my follow up question to that, and you kind of answered it, I said I was gonna ask, obviously Sergeant O'Donnell's order to remain in the briefing room, it wasn't unethical, immoral, or illegal. So my question to you is, do you have a mitigating reason why you can explain for choosing to ignore his order? Felter: Because having already... Again, we, we don't have roll calls... Weber: Um hm. Felter: ... at night shift. We haven't ever since PBA got involved in yet another IA involving me and Sergeant O'Donnell were.... Salnick: ... lust answer his question. Felter: Oh, I'm sorry. Yes, I'm (unintelligible). Weber: ... So the mitigating reason would be from your conversation... Initial � Page 16 GSPD I.A. Case #21-01 Felter: ... Understanding that the chief said "You report to me and John". I then asked Officer Felter about general order 17-15, which he signed off on in October 2020. Weber: It's included in this file. Felter: Yes. I don't recall ever signing something specific to that. Weber: That's fine. On October 14, 2020, there was a policy general order for 17-15 and that goes over the use of the body worn cameras. That's attached right there. Felter: I don't recall that, but this was like bundled up. Yeah, see that's what they do. They bundle these things up and they just throw 'em in your mailbox. Weber: OK. Have you ever received any training in the use of the body worn camera ever? Felter: No, not verbally. I will say they adamant, absolutely no training. No going over with it that I recall, OK, other than the buttons to press because that was a ongoing issue for like weeks. 1 mean... Weber: (Unintelligible) Did Officer Sutton provide that training? Felter: Yeah, yeah. He was, he's the camera go -to person. Weber: OK. Officer Felter continued discussing the shortfalls of the cameras, the lack of training he received and not knowing the proper procedures for the operation of the camera. Weber: In your thirty-seven years of experience, when you get a general order, are you responsible for reading it and understanding it and if you have any question, going to a supervisor? Felter: Well, with Boynton, and I was trying, Mr. Salnick, my, and the Sheriff's Office, this little, short tenure I was there, six months, not (unintelligible) you got digital. You got it via the computer. Weber: PowerDMS? Felter: Yeah, yeah, and you have to... When you read it, open it up, your electronic signature of it. And then the sergeant, OK, would have it in roll call and go over it and make a note of it. Initial Je_ Page 17 GSPD I.A. Case #21-01 Weber: Right. Felter: That's how it was going, and if there's any questions, this. Not stuffed in your mailbox with bundles of other papers. You know, and you're just pulling the cover page, and you're like OK whatever. Weber: So this particular general order and it was stuffed in your mailbox, never gone over in briefing... Felter: ... No, sir. No, sir. I asked Officer Felter if he would go over the normal startup procedure for the BWC. Weber: So my next question would've been what would've been your, your normal start up procedure any day that you go on shift with the body worn camera? From the time you take it out of the cradle. Felter: It goes on and then in the car or outside the car you go, you do a time stamp on it, OK? And that's something I started. That wasn't in the policy. Weber: OK. Felter: 1, I don't believe it is in the policy. Weber: What, it is, it is now. Felter: Oh. Weber: So, if it's something that you started and, and... Felter: ... Yeah, because that was a technique I used in Boynton. Weber: OK. I asked Officer Felter if he knew from general order 17-15, where the BWC is restricted from being used. Weber: And according to the general order, is there any place where you're not supposed to be using the body worn camera? Felter: Again, I don't recall, you know, even getting that order. 1, I told Mike, I said I looked in my binder and I didn't even see it in the binder. You know, 1 scrolled through there, I'm like "Where is this?". So, again, they stuck these things in your mailbox so I, if I got it, it wasn't put in my binder. You know and that's, and they do it, you Initial Page 18 GSPD I.A. Case #21-01 know? They, at first, the first few years there when they would make these simple policy changes, they actually had you turn in the binder. I directed him back to my previous question. Weber: So, on the night of March 315, you started your, your body worn camera according to the, the recording that was presented to me, about twenty minutes prior to briefing... Felter: Yes, sir. Weber: ... in the locker room. Felter: Yes Weber: Can you give a mitigating reason, reason for that? And 1 think you kinda did already, but... Felter: Well, not knowing anything about the policy, cause again, I don't recall signing for it, OK, that specific policy, and, and again, trying to refresh by looking, I couldn't find it in my binder. Obviously, the bathroom, I mean, we lock up people for that, you know, having a cameras, you know, voyeurism, whatever, and I know, you know, nobody was there. After several more minutes, I again redirected him to my question regarding his use of his BWC in the station. Weber: And like I said, you probably answered it already anyways, but I'm gonna ask it anyways just so we have it out there. So, once Sergeant O'Donnell advised you to turn off the body worn camera due to violating Part 4 of the general order... Felter: ... Yes, sir. Weber: Did you have a mitigating reason to turn it on, or turn if off or keep it on? Felter: Judging how it was, the hostility, you know, and the berating just continued on. I'm like well he's telling me for a reason to turn it off because he's going to do something else. And, again, it was my concern having turned him in on felony complaint, OK? What is this guy capable of doing because any person you talk to outside the people you talked to, will attest, OK? The interview concluded at 0921 hours. For a complete rendering of this interview, please refer to the sworn, recorded statement. Initial PP Page 19 i GSPD I.A. Case #21-01 SUMMARY On March 31, 2021, at 1900 hours, Sergeant O'Donnell reported he was preparing to conduct a roll call briefing when Officer Felter exited the briefing room to the rear parking lot while refusing his direct order to remain in the briefing room until briefing was concluded. Sergeant O'Donnell stated Officer Felter advised he does not report to him, he only reports to Captain Haseley. According to Sergeant O'Donnell, the actions of Officer Felter's refusal to follow his direct order from a supervisor that was neither illegal, immoral or unethical, coupled with his disrespectful behavior in the presence of other subordinates, affected his ability to carry out his duties as a supervisor, namely to conduct a briefing to go over a change in policy and to pass on information to the night shift regarding policing duties that needed to be carried out on the night shift in violation of Rules and Regulations 2-12 Insubordination. The allegations made by Sergeant O'Donnell were captured on the BWC of Officer Felter since Officer Felter started his BWC recording in the locker room at 1841 hours, approximately 19 minutes prior to the start of briefing. Officer Felter continued his recording inside the patrol briefing room, in violation of SOP #17-15 e. i, ii, iii, and iv, capturing a conversation between him and Officer O'Neal, unbeknownst to him, and a personal phone call of Officer Felter was recorded. From viewing the BWC, Sergeant O'Donnell showed no sign of hostility or aggression toward Officer Felter. When given the opportunityto explain a mitigating reason for his insubordination, Officer Felter explained he "made a criminal complaint against Sergeant O'Donnell and two of the officers involved in this" to Chief Allen three days earlier. Officer Felter advised when he made this complaint to Chief Allen, he was doing so under the Whistleblower Protection Act. Officer Felter advised me at the conclusion of his conversation, Chief Allen told Officer Felter, "You report to me and John". When I asked Officer Felter why he chose to record the incident as he did, he claimed to have received very limited to no training in the use of BWC. Officer Felter advised he did not remember signing or reading SOP 17-15, so he was not aware of where and when he could not record. Officer Felter said he turned on his BWC "with the intention of catching what, if anything, for self-preservation, my dying declaration". I asked Officer Felter, in his 37 years of experience, when he receives and signs for a general order, is he responsible for reading and understanding the order and/or asking a supervisor if he had any questions. Officer Felter was hesitant about answering the question and deflected back to how things were done at Boynton Beach PD. During his statement, Officer Felter made the claim that he was told by Chief Allen that he is only to report to "me and John", referring to Chief Allen and Captain Haseley. On April 21, 2021, during an interview with Captain Haseley, I asked, "At anytime during the employment of Officer Felter, was he given direction that he reports to you and not to either of the sergeants?" Captain Haseley responded, "No, sir." Secondly, I asked Captain Haseley about SOP 17-15, when the order was received by and signed for by Officer Felter in October 2020, "was there any clarifying questions that he asked of you or anybody else that you know of when he received the order?" Captain Haseley responded, "I do not recall him asking me any questions. The orders were gone over by the sergeants at the time, whoever their sergeant was at the time. You know, to clarify or answer any questions they may have into the use of the camera." Finally, I asked Captain Haseley, "And once they receive the order and sign for the order, they're expected to abide by the order..." to which Captain Haseley responded, "Yes." Prior to beginning this investigation, I met with Chief Allen and Captain Haseley at the GSPD. Chief Allen told me that the Town of GSPD had a long-standing practice of utilizing "flex time" in lieu of submitting Initial `I V Page 20 GSPD I.A. Case #21-01 overtime, long before he had been appointed Chief of Police. This practice has saved the Town countless dollars over the years by not paying overtime. The way it is used, when an officer works over his scheduled 12-hours, instead of putting in for overtime, he would take an equal amount of time off to those extra hours worked when adequate staffing allowed. Overtime and compensatory time is calculated at time and one half; by using "flex time", the Town was actually saving money. Due to the fact there was more staffing during the daytime hours, (chief, captain, sergeant and two patrol officers), flex time was utilized more during the day shift. The night shift only had two patrol officers working, and with a minimum staffing level of two, limited the ability to utilize flex time. Chief Allen told me that Officer Felter had come to him expressing his opinion that this use of flex time was inappropriate and was actually "defrauding" from the taxpayers of the Town of Gulf Stream. As a result of this complaint, Chief Allen took it upon himself to change the long-standing practice of using flex time and authored a directive memo on March 29, 2021 which stated: Effective immediately any amount of time worked over twelve hours will be recorded on an overtime slip and turned into 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. Chief Allen told me he had advised his sergeants to go over this directive in briefings. The night of March 31, 2021 would have been the first opportunity for Sergeant O'Donnell to go over the directive in a briefing with both squads. FINDINGS: R&R#2-12 Insubordination- SUSTAINED SOP #17-15 Improper Use of Body Worn Camera - SUSTAINED Initial P Page 21 GSPD I.A. Case #21-01 AFFIDAVIT & VERIFICATION STATE OF FLORIDA PALM BEACH COUNTY There appeared before me, an officer duly authorized to administer oaths in the State of Florida, Sergeant Paul Weber, who being duly sworn, deposes and states: Under the penalties of perjury, I declare that I have read the foregoing Gulf Stream Police Department Internal Affairs Case #IA21-01 and that the facts stated in it are true and accurate based on my personal knowledge, information, and belief. 2. I, the undersigned, do hereby swear, under penalties of perjury, that, to the best of my personal knowledge, information and belief, I have not knowingly or willfully deprived, or allowed another to deprive, the subject of the investigation of any of the rights contained in Florida Statutes 112.532 and 112.533. Dated this 29th day of April 2021. 1 ID #737 Ser eant Paul Weber Delray Beach Police Department The foregoing instrument was acknowledged before me by means of L physical presence or ❑ online notarization, this 29th day of April 2021, by Sergeant Paul Weber (name of person acknowledging). Personally known ® OR Produced Identification Type of Identification Produced N/A Y paWN M1E Notary Public —State of Flori pt4�FS°�° udg�►�0 srrices My commission expires: ';OFB dram Initial Page 22 GULF STREAM POLICE DEPARTMENT MEMORANDUM OFFICE OF THE CHIEF OF POLICE Edward K. Allen DATE: 4/13/2021 TO: Sergeant Paul Weber, Delray Beach Police Department Internal Investigations unit. RE: Gulf Stream I.A. # 2021-01 I.A. Investigation request. Delray Beach Police Department 300 West Atlantic Ave Delray Beach, FI 33444 Internal Affairs Division Sergeant Paul Weber, On March 315t, 2021, an incident occurred during nightshift lineup between Sergeant Bernard O'Donnell and Officer Marshall Felter. Due to the close working conditions between Gulf Stream Officers, Supervisors and Staff I am requesting assistance from an outside agency in investigating this incident. I have spoken with Chief Sims of the Delray Beach Police Department who has given approval for you to assist. I thank you in advance for your time and effort in this matter and look forward to your findings and recommendations. I understand that I will have the final responsibility on any discipline if warranted. Edward K. Allen Chief of Police GULF STREAM POLICE DEPARTMENT MEMORANDUM TO: Chief Allen FROM: Captain John Haseley DATE: 4/13/21 SUBJECT: I.A. complaint # 2021-01 Ofc. Marshall Felter Chief Allen: On 4/13/21, 1 received an I.A. request from Sergeant Bernard O'Donnell into an incident that occurred during lineup on 3/31/21 at approximately 1841 hours with Officer Marshall Felter. I previously received a BWC evidence hold request from Sergeant O'Donnell reference this incident, and on 4/1/211 did secure the BWC video footage from Officer Felter's camera. Due to the nature of this incident and to maintain a neutral non bias position I request this investigation be outsourced to another agency for review. BWC # CMD100113 assigned to Officer Felter. SOP # 17-15 2 e I, ii, iii Improper use of BWC. 2-12 Rules and Regulations, Insubordination: Professional conduct and responsibilities. Copies of policies have been provided for you. C ptain JohdUl Iaseley t i 0 ( 11 0 DepaWntad Edward K. Allen Chief of Police April 13, 2021 To: Captain John Haseley. Town of Gulf Stream, Gulf Stream Police Department. 246 Sea Rd, Gulf Stream, FL. 33483 From: Sergeant Bernard J. O'Donnell. Town of Gulf Stream, Gulf Stream Police Department. 246 Sea Rd, Gulf Stream, FL. 33483 Notification: Official Report Of Officer Misconduct. Subject Of Official Misconduct Report: Gulf Stream Police Officer, Officer Marshall Felter ID#752. Date and Time of Misconduct: March 31, 2021, Approximately 1841 hours. Location of Misconduct: Town of Gulf Stream, Gulf Stream Police Department, Employee Locker Room, Briefing room, Rear Parking Lot, Department Patrol Vehicle. Witness's Gulf Stream Police Officer's Officer. Todd Sutton Officer. Raymond Batista Officer. Allen O'Neal Department Equipment: Body Worn Camera (BWC), Unit # CMD100113 Assigned to Officer Marshall Felter. Page 1 of J. 246 Sea Road, Gulf Stream, Florida 33483 Administration (561) 278-8611 fSTRe,. Stwam Ydice - DepaWnwid Edward K. All, i, 1 I utilized the following informational guidelines and note specific violation's of department policies. The Town of Gulf Stream, Gulf Stream Police Department Policy manual (Rules and Regulations), Standard Operational Procedure's (,SOP), Personnel Policy Handbook. Summary: On March 31, 2021 at approximately 1841 hours, prior to his shift starting at 1900 hours activated his department body worn camera (BWC) while in the employee locker room of the Gulf Stream police department. Officer Felter did not conduct a test of the system at the time of activation. As a result of the BWC being activated his actions were recorded as well as the actions of fellow officer's. At the start of briefing Officer Felter refused my direct order to remain in the briefing room until briefing was concluded. Officer Felter exited the briefing room to the rear parking lot. Officer Felter actions were disruptive and incorrect when he stated that he does not report to me. I report directly to Captain Haseley. I was made aware that Officer Felter's BWC was activated. Officer Felter refused my direct order to turn his BWC off. Conclusion: Officer Felter's conduct was deliberate, disruptive, disrespectful, mutinous and insolent. Officer Felter's conduct is in direct violation of the Town Of Gulf Stream, Police Department Rules and Regulations. Page 2 of 3. 246 Sea Road, Gulf Stream, Florida 33483 Administration (561) 278-8611 ri z �� r �r%CE � 4t ejt4 Skeam 9)dice Depa4hnettt Edward • �I!pry! . ,. Allen Police 1 I Violation of Department Rules and Regulations. Improper use of Body Worn Camera: SOP # 17-15 2 e i ii iii. Insubordination: Professional conduct and responsibilities, 2-12 Recommendation: Based on the policy violations and clear acts of insubordination, I recommend that an internal affairs investigation commence. Respectfully submitted Sergeant Bernard J. O'Donnell Page 3 of 3 246 Sea Road, Gulf Stream, Florida 33483 Administration (56I) 278-8611 GULF STREAM POLICE DEPARTMENT BWC EVIDENCE DATE: 03/31 /2021 BWC Hold request Case status update request TIME: DAYSHIFT HRS TO NIGHTSHIFT HRS-ROLL CALL OFFICER: SGT. BERNARD J. O'DONNELL GULF STREAM CASE # 03/31 /2021 COURT CASE # N/A Please provide the following information : Are there any ACTIVE investigations related to this case ? YES X NO Are you the only assigned officer to this case ? YES NO X Other officers involved in this case SGT.O'DONNELL, OFC'S FELTER, O'NEAL, SUTTON, BATISTA Are ALL CRIMINAL COURT proceedings concluded in this case ? YES NO X BWC EVIDENCE CUSTODIAN PLEASE TAKE THIS ACTION: Date 4/1/2021 RequestBWCHold X Reasonforhold OFFICER MISCONDUCT INVESTIGATION Date Dispose Case numbers Through Special Instructions Officer Signature ST $URNf} J. 0T ONNE rD# #751 Date 4/1 /2021 Return this form ASAP to Chie Allen or his designee - BWC Evidence custodian XChief of Police Designee / Supervisor Name: GULF STREAM POLICE DEPARTMENT MEMORANDUM OFFICE OF THE CHIEF OF POLICE Edward K. Allen 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. GULF STREAM POLICE DEPARTMENT MEMORANDUM OFFICE OF THE CHIEF OF POLICE Edward K. Allen 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. '= i MMME in imm Emmmm I mmmmmmmmmmmmmmm moommmmmmmmoomm mmommommmmmmmm mmmmmmmmmmmmmm mmmmmmmmmmmmmm mmmommmmmmmmmmm mmmmmmmmmmmmmmm mmmmmmommmmmmm mmommmmmmommmm mmmmmmmmmmommmm mmmmmmmmmmmmmm mmmmmmmmmmmommm mmmmmmmmmmmmmmm mmommmmmmmommmm mmmmmmmmmommmmm mmmmmmmmmmmmmmm mmmommmmmmmmmmm mmmmmmmmmmmmmm mmmmmmmmmmmmmm 14 O a VWjW o AQ 14 Q� Ov7 WG V) x ZQ F AI a zM Q5; FQ:.in Lasi� ..N W� N M1� ✓�f4i�'4```l' Stwam • I ;J t I I Chief of Poliq. ;. ALL OFFICERS 12/09/16 On December 9th, 2016 At the Town of Gulf Stream Commission meeting, the Town Commission appointed me to the position of CHIEF of POLICE. Currently till further notice, all current Policies and Procedures will be kept in affect and adhered to by all Officers E ARD ALLEN Chief of Police 246 Sea Road, Gulf Stream, Florida 33483 Administration (561) 278-8611 GULF STREAM POLICE DEPARTMENT ORGANIZATIONAL CHART TO: All Officers FROM: Captain J. Haseley DATE: 10/14/2020 REF : Policy update General Order (17.15) Effective 10/14/2020 Upon deployment General Order Number 17.15 has been updated and placed in effect. A Copy of General Order # 17.15 is being distributed to all officers. Officers are expected to review the policy and insert same into their Policy Manual, replacing the current one. Also page three of the TABLE OF CONTENTS is being replaced, along with the Department Organizational chart. Upon receipt of this memo, all Officers are to sign and return it to my box along with all old replaced copies. Zo Officer Naiii ( sign) Date GULF STREAM POLICE DEPAR. _cNT-Bodv Worn Camera SOP # 17-15 BODY WORN CAMERA 2. Criteria for Activation EFFECTIVE: 10/13/2020 ACCREDITATION STANDARDS: N/A a. BWC recording shall be activated prior to arrival as a primary or 1. POLICY: Operation and use of department backup to all calls for service. issued body worn cameras (BWC) is mandatory for all patrol officers working in a uniformed b. BWC recording shall be activated if assignment, off -duty assignment, or special event. an involved party or bystander The department has established guidelines for the becomes a suspect or use of BWC to accomplish several objectives. confrontational. 1. BWC allows for accurate documentation of c. While not intended to be police -public contacts, arrests, and criminal exhaustive, BWC recordings shall incidents. BWC also serves to enhance the be activated for all the following accuracy of officer reports and testimony in circumstances: court. It promotes transparency and a sense of procedural justice that i. Traffic stops communities expect of their police ii. Pursuits (both vehicle and departments. foot) iii. While driving with 2. Audio and video recordings enhance this emergency lights and/or agency's ability to review probable cause sirens activated for arrest, officer and suspect interaction, iv. Potentially confrontational evidence for investigative and prosecutorial citizen contacts purposes, and to provide additional v. Physical arrests information for officer evaluation and vi. Use of force situations training. vii. Suspicious vehicle/person calls 3. BWC can be useful in documenting crime viii. In -custody Miranda rights and accident scenes or other events that advisement and interviews, include the confiscation and documentation unless the incident is of evidence or contraband. recorded by another means ix. Alarm responses and Ill. PROCEDURE: This section will cover important building searches details about when BWC recording shall be x. Extra patrols (Property activated, under what conditions it can be turned checks) off, and basic procedures for the start and end of each shift. d. At the officer's discretion, BWC recording may be activated for any 1. Start of Shift other law enforcement activity which the officer feels could benefit a. When beginning their shift, officers from the use of BWC. will inspect the BWC to ensure it is receiving power and functioning e. BWC shall NOT be used to record: properly. i. Conversations of fellow b. BWC will be worn clipped to the employees intentionally front center of shirt or vest carrier without their knowledge with the camera lens facing during routine, non - forward. enforcement related activities c. Officers will conduct a test ii. Encounters with recording at the beginning of their undercover officers or shift. They will activate the BWC confidential informants recording and state their name, the iii. When on break or date, and the time. otherwise engaged in personal activities Page 1 of 4 GULF STREAM POLICE DEFARTMENT-Body Worn Camera SOP # 17-15 iv. In any location where employees have a reasonable expectation of privacy, such as a restroom or locker room. 3. Criteria for Deactivation BWC recording shall remain active until the interaction or incident is completed unless restricted by this policy. a. BWC recording may only be stopped once the interaction or incident is completed or when the officer can articulate a valid reason to stop the recording. i. Before the officer stops the BWC recording, a brief explanation of the reason shall be stated on the BWC recording. b. The following circumstances may be considered when planning to stop a recording: i. When doing so would be detrimental to other agency priorities, such as: 1. Interviewing victims, witness, and others who refuse to talk unless the camera is turned off; or 2. Facilitating intelligence gathering When entering a jail facility where law enforcement/prisoner interactions will be captured by the jail facility's video recording system iii. When a member is not in the presence of a victim/witness/suspect, the recording may be temporarily deactivated while transmitting and receiving information that is confidential, or not related to the current investigation. Upon completion, the unit must be reactivated c. Whenever possible, officers should inform individuals that they are being recorded. In a case where individuals enter locations where they have a reasonable expectation of privacy, such as a residence, they may decline to be recorded. If the recording is being made pursuant to a criminal investigation, an arrest, or the search of a residence or the individual, then the refusal will be denied. 4. End of Shift BWC will be returned to the charger and downloaded to the server at the end of each shift. a. Upon the completion of their shift, each officer will ensure the BWC is on (but not actively recording) and return the BWC to the docking station. b. At this point, the BWC will automatically begin the downloading process. The BWC can be left in the docking station to charge until the officer's next shift. If any BWC footage needs to be downloaded for evidence, or needs to be retained for any reason, a Mobile Video Download Form will be completed immediately and routed through the chain of command to the on duty supervisor so the event may be properly marked for retention. III. RECORDS: All digital recordings collected using BWC are considered records of the Gulf Stream Police Department and subject to public records laws. 1. Retention of Recordings a. All recorded imagery created in accordance with this policy shall be stored and retained by the department for a minimum of ninety (90) days, or until all criminal, civil, or administrative cases to which the recordings are relevant have been adjudicated and all appeals have been exhausted. Page 2 of 4 GULF STREAM POLICE DEPAR1...ZNT-Body Worn Camera SOP # 17-15 Video related to an investigation shall be treated as any other property evidence; therefore, its collection, chain of custody, storage, distribution, and disposal will be processed in accordance with internal department policies and the Florida Statutes. 2. Release of Recordings a. All digital recordings related to an investigation are considered evidence. The release of requested digital recordings through a public records request will be subject to the same statutory exemptions applicable to the disclosure of any public record. b. BWC equipment and all data, images, video, and metadata captured, recorded or otherwise produced by the equipment is the sole property of the agency. Officers will not edit, alter, erase, duplicate, copy, share, or otherwise distribute in any manner BWC recordings without prior written authorization from the Chief or designee. Officers are permitted to review their own BWC recordings, upon their request, before writing a report or providing a statement regarding any event arising within the scope of their official duties. This provision does not apply to an officer's duty to immediately disclose information necessary to secure an active crime scene or to identify suspects or witnesses. d. Officers shall not make copies of or take still images for their personal use of BWC recordings and are prohibited from using a recording device (such as a phone camera or secondary video camera) to record media captured by the BWC recording system. IV. RESPONSIBILITIES: This section covers the responsibilities of the individual officers and their supervisors in facilitating compliance with this policy. 1. Officer Responsibilities a. At the end of any encounter that may generate a complaint, officers will immediately notify their supervisor so the supervisor may advise Command Staff to view the video. b. If an offense report is created, the use or failure to use BWC will be noted. c. If an officer fails to activate their BWC, fails to record the entire contact, or interrupts the recording without properly documenting the reason, the officer will immediately alert their supervisor and explain why the recording was not made, was interrupted, or was stopped. "Forgetting" to activate the BWC is not an excuse. d. Violations of this policy may result in discipline as outlined in Department Disciplinary Procedures, SOP # 11.02. 2. Supervisor Responsibilities BWC is a valuable tool for law enforcement officers and to ensure that this program maintains its integrity, it is imperative that supervisors adhere to the following procedures. a. Supervisors shall ensure that officers equipped with BWC will utilize them in accordance with the policy and procedures defined herein to identify any areas in which additional training or guidance is required. Any failure of an officer to activate BWC when required will be formally documented by the supervisor. Chief or designee will randomly review BWC recordings to ensure that the equipment is operating properly and that officers are using the devices properly. This will be completed at a minimum, on a monthly basis. c. In the event an officer captures and records a sequence that they believe may be of value for training Page 3 of 4 GULF STREAM POLICE DEF-ARTMENT-Body Worn Camera SOP # 17-15 purposes, the Chief or designee will review the incident. If the Chief or designee feels that a recorded event would prove useful for training, the Chief or designee will request a copy of the recording(s) for training. The original will be retained and handled like any other recording. In the event a complaint is associated with a recorded event or a supervisor knows or reasonably should know that an incident may generate a complaint, the supervisor shall ensure the video is flagged for indefinite retention. Original issue: 10/13/2020 Revised: Edward K. Allen, Chief of Police Page 4 of 4 GULF STREAM POLICE DEPART .----NT ZULES AND REGULATIONS RULES AND REGULATIONS 1) COMMAND AND SUPERVISORY RESPONSIBILITIES AND AUTHORITY 1-1 CHIEF OF POLICE - AUTHORITY AND RESPONSIBILITIES 1-1a Authority: The Chief of Police is the chief executive officer of the department and the final department authority in all matters of policy, operations and discipline. He or she exercises all lawful powers of his or her office and issues such lawful orders as are necessary to assure the effective performance of the department. 1-1 b Responsibilities: Through the Chief of Police, the department is responsible for the enforcement of all laws and ordinances coming within its legal jurisdiction. He or she is responsible for planning, directing, coordinating, controlling and staffing all activities of the department; for its continued efficient operation; for the enforcement of rules and regulations within the department; for the completion and forwarding of such reports as may be required by competent authority; and for the department's relations with the citizens of the town, the town government, and other agencies 1-2 CAPTAIN - AUTHORITY AND RESPONSIBILITIES The Captain shall assist the Chief of Police in the execution of his office and shall have such powers and perform such other duties as the Chief from time to time may direct. He or She shall carry out the orders and policies of the Chief and shall not alter, revise, or countermand such orders or policies heretofore established, except in the case of an emergency. 1-3 SHIFT SUPERVISOR - AUTHORITY AND RESPONSIBILITIES The shift supervisor, during his or her tour of duty, exercises the same authority and has the same responsibilities as his or her superior. In addition to the general and individual responsibilities of all members, the shift supervisor is specifically responsible for the following: 1-3a Good Order: The general good order of his or her command during his or her tour of duty, to include proper discipline, conduct, welfare, field training, and efficiency. 1-3b Briefing: Conduct prescribed briefings, communicate all orders or other information at briefings, and inspect and correct his or her command as necessary. 1-3c Reporting: Reporting as required by an appropriate supervisor. 1-3d Personnel Complaints: Conduct inquiry into personnel complaints against members under his or her command in accordance with Town Personnel Policies, Department Procedures and Rules and Regulations. 1-4 SUPERVISORY OFFICERS - AUTHORITY AND RESPONSIBILITIES Supervisors are members appointed in charge of one or more members, permanent or temporary. 1-4a Leadership: Effective supervision demands leadership. Provision of leadership will include on the job training as needed for efficient operation and coordination of effort when more than one member is involved. 1-4b Supervision: A supervisor may be assigned to field or office duties. During his or her tour of duty, he or she must closely supervise the activities of his or her subordinates, making corrections where necessary and commending where appropriate. 1-4c Direction: Supervisors must exercise direct command in a manner that assures the good order, conduct, discipline, and efficiency of subordinates. Exercise of command may extend to subordinates outside his or her usual scope of supervision if the police objective or reputation of Page 1 of 15 GULF STREAM POLICE DE ;/ARTMENT RULES AND REGULATIONS the department so requires, or if no other provision is made for members temporarily unsupervised. This authority will not be exercised unnecessarily. If a supervisor requires a subordinate other than his or her own to leave a regular assignment, the supervisor so directing will inform the subordinate's own supervisor as soon as possible. 1-4d Assisting Subordinates: A supervisor will have a working knowledge of the duties and responsibilities of his or her subordinates. He or she will observe contacts made with the public by his or her subordinates and be available for assistance or instruction as may be required. A field supervisor will respond to calls of serious emergencies, felonies in progress, assaults and others unless actively engaged in a police incident. He or she should observe the conduct of the assigned members and take active charge when necessary. 1-4e Inspections: The Chief of Police may call for inspections of the department or any part thereof. Members directed to attend such inspections will report in the uniform prescribed, carrying the equipment specified. Unauthorized absence from such inspection is chargeable as "absence without leave." 2) PROFESSIONAL CONDUCT AND RESPONSIBILITIES 2-1 STANDARD OF CONDUCT Members will not engage in conduct on or off -duty which adversely affects the morale or efficiency of the department or engage in conduct on or off -duty, which may destroy public respect for the member and/or the department and/or destroy confidence in the operation of the municipal service. 2-2 LOYALTY Members will maintain a loyalty to the department and their associates as is consistent with the law, department policy and procedures or rules and regulations. 2-3 COOPERATION All members are strictly charged with establishing and maintaining a high spirit of cooperation within the department, with other governmental entities, and the community. 2-4 ASSISTANCE All sworn members are required to take prompt police action toward aiding a fellow officer exposed to danger or in a situation where danger might be impending. 2-5 GENERAL RESPONSIBILITIES Within the town, sworn members will at all times take appropriate action to: Protect life and property, Preserve the peace, Prevent crime, Detect and arrest violators of the law; and Enforce all federal, state, and local laws and ordinances coming within department jurisdiction. 2-6 DUTY RESPONSIBILITIES Members will, at all times regardless of assignment, promptly respond to the lawful orders of a supervisor and other proper authorities and to calls for police assistance from citizens. Sworn members assigned to special duties are not relieved from taking proper action outside the scope of their specialized assignment when necessary. Sworn members, after completing a police call for service, will promptly return to active duty status. All members, sworn and civilian will perform their duties as required or directed by law; department rule, policy or order; or by order of a supervisor. 2-7 OFF -DUTY RESPONSIBILITIES Page 2 of 15 GULF STREAM POLICE DEPARI iviENT RULES AND REGULATIONS Sworn members will, while off -duty and within the Town of Gulf Stream, take appropriate law enforcement action when a felony or a serious misdemeanor occurs in their presence or an incident occurs in their presence that is life threatening or presents a danger of injury to someone. Sworn members will be in an on -duty status when they take such law enforcement action when off -duty. Members will properly identify themselves when off -duty and in plain clothes. Sworn members will not utilize a private or personal vehicle to take enforcement action, except when a felony or a serious misdemeanor occurs in their presence. Members will immediately notify an on -duty officer to respond to the scene. When a member, off duty, becomes involved with another law enforcement agency as a victim or witness in any investigation of any violation of law, excluding non -criminal traffic infractions, the member will notify the on -duty shift supervisor at the earliest time possible during or immediately after the contact. If the member becomes involved with another law enforcement agency during any investigation as a detainee, suspect or arrestee, the on -duty shift supervisor will be notified during the contact or immediately after contact with the other law enforcement agency. The shift supervisor may respond to the scene, where practical and will notify the on -call supervisor. 2-8 ADDRESSES AND TELEPHONE NUMBERS Immediately upon being hired, members will record their correct residence addresses and telephone numbers with the Administrative Section. Members are required to have telephone service in the place where they reside. Changes in address or telephone number will be reported to the Chief of Police within 48 hours of the change. This will be done in writing on the appropriate form. 2-9 QUESTIONS REGARDING ASSIGNMENT Members in doubt as to the nature or detail of their assignment will seek information and direction from their supervisors. 2-10 KNOWLEDGE OF LAWS AND DIRECTIVES Every member is required to establish and maintain a working knowledge of all laws and ordinances in force in the town, the rules, regulations and written procedures of the department. In the event of improper action, it will be presumed that the member was familiar with the law, rule, procedure or policy in question. 2-11 OBEDIENCE TO LAWS AND DIRECTIVES Members will observe and obey all federal and state laws, town ordinances, policy and procedures, written directives, rules and regulations of the department. 2-12 INSUBORDINATION Insubordination will include, but not be limited to, any failure or deliberate refusal by a member to obey a lawful order given by a supervisor or any disrespectful, mutinous, insolent, or abusive language or action by a member toward a supervisor, whether in or out of the presence of the supervisor. 2-13 REPORTING VIOLATIONS OF LAWS, ORDINANCES, RULES OR ORDERS Members knowing of other members disobeying orders or violating laws, ordinances, or written directives and/or rules of the department, will report same in writing to the Chief of Police via the appropriate supervisor. 2-14 MANNER OF ISSUING ORDERS Orders from superior to subordinate will be made in clear and understandable language, civil tone and issued in pursuit of department business. Page 3 of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS 2-15 OBEDIENCE TO ORDERS Each member will obey all lawful orders of a superior, including those relayed through an employee of equal or less rank. The term "lawful order" will be construed as any order in keeping with the performance of any duty prescribed by law or by these rules and regulations or for the preservation of good order, efficiency and proper discipline which is not in conflict with these rules and regulations. 2-16 UNLAWFUL OR IMPROPER ORDERS No commander or supervisor will knowingly issue any order, which is in violation of any law or ordinance or department procedure, policy, or rule. 2-17 OBEDIENCE TO UNLAWFUL ORDERS No member is required to obey any order, which is contrary to federal or state law or local ordinance. Responsibility for refusal to obey rests with the member. The member will report the unlawful order in writing to the next higher supervisor in the chain of command. The member will be required to strictly justify his or her action. 2-18 OBEDIENCE TO UNJUST OR IMPROPER ORDERS Members who are given orders which they feel to be unjust or contrary to department directive must first obey the order to the best of their ability and then may appeal the order through the chain of command. 2-19 CONFLICTING ORDERS Upon receipt of an order conflicting with any previous order or instruction, the member affected will advise the person issuing the second order of this fact. Responsibility for countermanding the original instruction then rests with the individual issuing the second order. If so directed, the latter command will be obeyed first. 2-20 CONDUCT TOWARD SUPERIOR AND SUBORDINATE OFFICERS AND ASSOCIATES Members will treat supervisors, subordinates and associates with respect. Members will be courteous and civil at all times in their relationships with each another. When on -duty, and particularly in the presence of other members or the public, officers should be referred to by rank. 2-21 CRITICISM Members will not publicly criticize or ridicule the department, its procedures, policies, rules or other members by talking, writing, or in any other manner where such talking, writing or other expression is defamatory, obscene, or unlawful and which tends to impair the operation of the department by interfering with its efficiency, interfering with the ability of supervisors to maintain discipline, or having been made with reckless disregard for the truth. 2-22 SOLICITING GIFTS GRATUITIES FEES, REWARDS, LOANS, ETC. Members will not, under any circumstances, solicit any gift, gratuity, loan, or fee during the performance of, or related to, any official duty or action. 2-23 ACCEPTANCE OF GIFTS GRATUITIES, FEES, LOANS, ETC. Members will not accept, either directly or indirectly, any gift, gratuity, loan, fee, or any thing of value arising from or offered because of police employment or any activity connected with said employment, without first advising the Chief of Police of the circumstances in writing. 2-24 OTHER TRANSACTIONS Members are prohibited from buying or selling anything of value from or to any suspect, witness, defendant, prisoner, or other person involved in any case which has come to their attention or which arose out of their department employment, except as may be specifically authorized by the Chief of Police. 2-25 PRIVATE BENEFIT FROM DEPARTMENTAL ASSOCIATION The use of prestige or influence of one's official position, or the use of facilities, equipment or Page 4 of 15 GULF STREAM POLICE DEPART .,ENT RULES AND REGULATIONS supplies of the department for the private gain or advantage to oneself or another is prohibited. 2-26 DISPOSITION OF UNAUTHORIZED GIFTS, GRATUITIES, ETC. Any unauthorized gift, gratuity, reward, or other commodity falling into any of these categories coming into the possession of any member will be forwarded to the office of the Chief of Police with a written report explaining the circumstances connected therewith. 2-27 FREE ADMISSIONS AND PASSES Members will not solicit free admission to theaters and other places of amusement or entertainment for themselves or others. 2-28 REWARDS Members will not accept reward in money or any other consideration except lawful salary and that, which may be authorized by law. 2-29 DEBTS - INCURRING AND PAYMENT Members will pay all just debts and legal liabilities they incur. 2-30 RESTRTICTION ON EMPLOYMENT OF RELATIVES Members may not appoint, employ, promote, or advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the department in which the member is serving or over which the member exercises jurisdiction or control any individual who is a relative of the member. A relative is an individual who is related to the member as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in- law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. This does not apply to persons serving in a volunteer capacity. 3) GENERAL CONDUCT ON -DUTY 3-1 PROHIBITED ACTIVITY ON -DUTY Members are prohibited from engaging in the following activities while on -duty; Sleeping, loafing; Recreational reading; Conducting private business; Carrying any articles which distract from the proper performance of police duty; and Drinking intoxicating beverages except in performance of a police duty and then only with the specific consent of a supervisor and never in uniform. 3-2 CONSUMPTION OF INTOXICANTS Members will not consume intoxicants while off -duty to the extent that evidence of such consumption is apparent when reporting for duty or to the extent that their ability to perform duty is impaired. 3-3 INTOXICANTS ON DEPARTMENTAL PREMISES Members will not bring onto or keep any intoxicating liquor on department premises except: When necessary in the performance of a police task. Such intoxicants brought onto department Page 5 of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS premises will be properly identified and stored according to department procedure. 3-4 POSSESSION/USE OF CONTROLLED SUBSTANCES No member will possess and/or while on -duty use any controlled substances without the approval and guidance of a licensed physician and only with the knowledge of a supervisor. At no time may a member use or be under the influence of a controlled substance where such use impairs or compromises the efficiency and integrity of the department or municipality. Although antibiotics are classified as controlled substances, those which are known not to induce any side effects are exempt from this rule. 3-5 SMOKING WHILE ON -DUTY Members are prohibited from smoking in all police facilities, in all police vehicles, while in direct contact with the public, and/or when in uniform in public view. 3-6 RELIEF All members are to remain at their assignment and on -duty until properly relieved by another member or until dismissed by competent authority. 3-7 MEALS Sworn members may suspend their police duty for a meal period to be taken within their assigned duty areas, subject to modification by the appropriate supervisor. Meals will be eaten expeditiously as long as members are available by phone or radio. No more that two (1) patrol units will be out for meals at the same time. 3-8 REPORTS Members will submit all reports required within their job assignment, classification/rank or job description within 24 hours of occurrence. Any reports to be submitted after 24 hours must have prior approval from the shift supervisor. 3-9 ABSENCE FROM DUTY Every member who fails to appear for duty at the date, time and place specified without the consent of competent authority is "absent without leave." Absences without leave must be reported in writing to the Chief of Police. Absence without leave may result in discipline up to and including discharge. 3-10 PHYSICAL FITNESS FOR DUTY All sworn members of the department will maintain a level of physical fitness, which allows them to fulfill their legal responsibilities as police officers. 3-11 LOITERING All members while on -duty or in uniform will not enter taverns, theaters or other entertainment places except to perform a police task. Loitering in such locations is forbidden. 3-12 COURTESY When meeting in public, officers will conform to normal courtesy standards and refer to each other by rank. 3-13 NATIONAL COLORS AND ANTHEM Uniformed members will render full military honors to the national colors and anthem at appropriate times. Members in civilian dress will render proper civilian honors to the national colors and anthem at appropriate times. 3-14 REPORTING FOR DUTY/TARDINESS Unless otherwise directed, members will report to their assigned place of work to include, but not be limited to, briefing, overtime assignments, court activities, and training sessions at the time and place specified, properly uniformed and equipped. They will give careful attention to orders and instructions, avoiding unnecessary talking. A member will be considered on -duty at any of the Page 6 of 15 GULF STREAM POLICE DEPARI ...ENT RULES AND REGULATIONS aforementioned activities. 3-15 PRESENCE AT UNAUTHORIZED PLACES No member will be present in any unauthorized place within his or her assignment area during his or her tour of duty except for a legitimate police purpose. 3-16 ZONE ASSIGNMENT All members are required to remain in their assigned zone or area of assigned responsibility. All suspicious vehicle checks, traffic violations or other police enforcement action which requires an officer to leave his or her beat will be reported to the dispatcher at the time of occurrence. 3-17 LEAVING TOWN LIMITS A member may not go beyond the town limits while on -duty unless in the performance of actual duty, or upon the direct order or with the permission of a supervisor. 3-18 SUBMISSION OF OVERTIME SLIPS Overtime slips must be turned in no later than the end of the pay period after the date of the overtime. 4) UNIFORM APPEARANCE 4-1 UNIFORM APPEARANCE Members will appear neat and well groomed while in uniform. All articles of uniform will conform to the department uniform regulations. Civilian clothing will not be worn with any distinguishable part of the uniform without the approval of the Chief of Police or a designee. 4-2 WEARING THE UNIFORM Uniforms will be kept neat and clean at all times. While wearing the uniform, members will maintain a military bearing avoiding mannerisms such as slouching, shuffling, and keeping hands in pockets. 4-3 MANNER OF DRESS ON -DUTY Normally, members will wear the authorized uniform on a tour of duty. Chief of Police or designee may prescribe other clothing as required by the nature of the duty to which a particular member is assigned. 4-4 UNIFORM AND EQUIPMENT DAMAGE CLAIM Any claims for damage to clothing or other personal property belonging to a member caused by performance of duty will be made in accordance with current department directives. 4-5 EQUIPMENT All equipment must be clean, in good working order and conform to department specifications. 4-6 LOCKERS Members assigned lockers will be required to keep them clean, in good order, and free of noxious or inappropriate material at all times. 4-7 WEARING UNIFORMS OFF -DUTY Members may wear department uniforms while off -duty, limited to those times when en route to or from the place of official duty and the member's abode. All members may optionally change from civilian attire to department uniform at facilities provided at the police station. While in uniform, only those stops which are necessary while en route to or from duty are permitted. For sworn members, "in uniform" means the total uniform, including leather gear and sidearm. The burden of proving the necessity of any stop rests with the member should a question of policy adherence arise. 4-8 OFF -DUTY EQUIPMENT Sworn members who are authorized to carry a concealed weapon off -duty must carry official identification when doing so. Page 7 of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS 4-9 FIREARMS Sworn members will never display firearms unnecessarily while in civilian clothes or draw them in any public place except for official use. Sworn members are required to make a written report of any discharge of firearms (except routine target practice, sporting events, etc.). This report is to be made according to current department procedures. 4-10 HAIRSTYLES At all times while on -duty, unless expressly authorized by the Chief of Police or a designee, all members of the department will be well-groomed and clean in their person. Male members will conform to these additional standards of appearance: Hair will be evenly trimmed at all times while on -duty. Sideburns will not extend below the bottom of the ear. The maximum width at the bottom of the sideburns will not exceed 1 1/4". The face must be clean-shaven; however, a mustache is permitted provided it is neatly trimmed and does not extend beyond the corners of the mouth. Beards will not be permitted to be worn by sworn members unless authorized by the Chief of Police or a designee for a particular assignment or operation. Personnel with a medical condition, which precludes shaving, will be required to present a written statement, signed by a medical doctor, verifying such condition. 5) DEPARTMENT PROPERTY AND EQUIPMENT 5-1 MAINTENANCE OF DEPARTMENT PROPERTY AND EQUIPMENT Members will maintain in good condition department property and equipment assigned to them. In the event town property is found bearing evidence of damage, which has not been reported, it will be prima facie evidence that the last person using the property or equipment was responsible. 5-2 DAMAGED -INOPERATIVE PROPERTY OR EQUIPMENT Members will immediately report to their appropriate supervisor by memorandum any loss of, or damage to, department property assigned to or used by them. The appropriate supervisor will be notified of any defects or hazardous conditions existing with any department equipment or property. 5-3 CARE OF DEPARTMENT BUILDINGS Members will not mark, alter, or deface any surface on or within any department building. No material will be affixed to any wall in department buildings without specific authorization from an appropriate supervisor. 5-4 NOTICES Members will not mark, alter, or deface any posted notice of the department. Notices or announcements will not be posted on bulletin boards without permission of an appropriate supervisor. (This section does not affect any collective bargaining unit bulletin board.) 5-5 MANUALS MAINTENANCE All members who are issued manuals are responsible for their care and maintenance and will make appropriate changes and/or insertions as they occur. Manuals will be inspected annually during the employee's performance review. 5-6 SURRENDER OF DEPARTMENT PROPERTY Members are required to surrender all department property and equipment in their possession upon separation from the department. 5-7 DEPARTMENT PROPERTY- LOSS/DAMAGE - NEGLIGENCE Page 8 of 15 GULF STREAM POLICE DEPARI meENT RULES AND REGULATIONS Members are responsible for department property issued or used by them. Loss or damage of department property caused by negligence or inattention by any member may result in disciplinary action against the member. 5-8 POSSESSION OF KEYS No member will have in his or her possession any key not specifically issued to that person. All keys that are signed out will be signed back in when they are no longer needed (transfer, promotion, separation from employment, etc) 5-9 DEPARTMENT VEHICLES, USE Members will not use any department vehicles without the permission of an appropriate supervisor. Conversely, the use of private vehicles for official purposes is prohibited unless authorized by a supervisor. 5-10 TRANSPORTING CITIZENS Citizens will be transported in department vehicles as a Ride -Along participant or when necessary to accomplish a police purpose only. 6) COMMUNICATIONS - CORRESPONDENCE 6-1 RESTRICTIONS - Members will not: Use department letterheads for private correspondence; Enter into official department correspondence with anyone or any agency outside the department, except when approved by a division commander or the Chief of Police. 6-2 FORWARDING COMMUNICATIONS TO HIGHER COMMANDS Any member receiving a written communication for transmission to a higher command will in every case forward such communication. A member receiving a communication from a subordinate directed to higher command will endorse it indicating approval, disapproval, or acknowledgment. 6-3 DEPARTMENT DOCUMENTS AND ORDERS - CONFIDENTIAL Members will consider all department documents and all special orders confidential unless ordered otherwise. 6-4 DEPARTMENT ADDRESS/ (PRIVATE USE OF) / CALLS/VISITORS Members will not use the department as a mailing address for private purposes except as provided by Florida State Statutes, nor will the employee or member consistently receive personal visitors or telephone calls at the police department. Utilization of department telecommunication systems for non -duty related purposes is prohibited. 6-5 IDENTIFICATION NUMBERS All members of the department will be issued identification numbers upon being employed. Identification numbers will be placed on documents prepared by a member in all instances as required. 6-6 RADIO PROTOCOL All members of the department operating the police radio, will strictly observe regulations for such operations as set forth in department directives, Federal Communications Commission Regulations, and/or F.C.I.C./N.C.I.C. regulations. 7) DEATH AND INJURY NOTIFICATIONS 7-1 DEATH OR SERIOUS INJURY When a member is killed or seriously injured on or off -duty, the Chief of Police will be notified immediately. This will be followed by a written report detailing the circumstances. Page 9 of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS 7-2 NON -SERIOUS INJURY In cases where the member's injuries are not of a serious nature, a written report and required town reports will be submitted by the injured member or his or her supervisor at the earliest practical time and the on -call division commander will be notified. 7-3 NOTIFICATION OF FAMILY The family of a member seriously injured or dying on -duty will be notified immediately by the Chief of Police or designee. 8) INVESTIGATIONS, ARRESTS, DETENTIONS, AND OFFICIAL REPORTS 8-1 INVESTIGATIONS Investigations at the scene of a crime, accident, or other police incident will be conducted in accordance with current department directives. Reports that are required by the performance of one's duties must be promptly submitted. 8-2 ARRESTS Arrests will be made in accordance with current department directives and appropriate state statutes. 8-3 TRANSPORTATION OF PRISONERS Transportation of prisoners will be made in accordance with current department directives. 8-4 BOOKING PROCEDURES Prisoners will be booked in accordance with current department directives. 8-5 IDENTIFICATION AS POLICE OFFICER Except when impractical or unfeasible, or where the identity is obvious, officers will identify themselves by displaying the official badge or identification card before taking police action. 8-6 DEPARTMENTAL RECORDS/REPORTS/CITATIONS Stealing, altering, forgoing, or knowingly falsifying or tampering with any kind of police record, report or citation is prohibited. The removal of any record, card, report, letter, document, or other official file from the department, except by process of law or as directed by the Chief of Police or a supervisor, is prohibited. The obtaining/duplicating or attempting to obtain/duplicate any information from department files, sources or reports, other than in accordance with one's duties and assignments, is prohibited. 8-7 PRESS RELATIONS AT CRIME SCENES Consistent with sound police practice, members in control of a crime scene will supply information regarding the incident to the working press. Whenever a member feels that release of information is contrary to sound police practice, he or she will refer the press to his or her immediate supervisor or the Public Information Officer. 8-8 SECURITY OF DEPARTMENTAL BUSINESS Members will not divulge police information outside the department, except as required by law or competent authority. The information includes, but is not limited to, that which is contained in police records and other information ordinarily accessible only to members. Names of informants, complainants, witnesses and other persons known to the police are considered confidential. Any information obtained by any member through any internal process to include, but not be limited to, recruitment, selection, and/or promotion will be considered confidential and will not be divulged to anyone without prior written authorization from the Chief of Police. 8-9 USE OF PHYSICAL FORCE Page 10 of 15 GULF STREAM POLICE DEPARTincNT RULES AND REGULATIONS The use of physical force will be restricted to circumstances specified by law when it is necessary to accomplish a police task. Whenever a sworn member is required to strike or use considerable physical force against another person, he or she will immediately notify a supervisor after gaining control and assuring officer, citizen, and suspect safety. Following the incident, an investigation will be made and a written report submitted through the chain of command to the Chief of Police or a designee. Officers will not use any more force than is necessary to effect their lawful objectives. All prisoners will be treated with dignity and with regard to their legal rights. Officers will make a complete, thorough search of all arrested suspects and of the area within their immediate reach or grasp. Felons, suspected felons, and misdemeanants will be handcuffed for officer safety. 8-10 COMPROMISING CRIMINAL CASES Members will not engage in any of the following conduct: Interference with the service of lawful process; Interference with the attendance or testimony of witnesses through coercion, bribery, or other means; Withholding information on criminal activity; Attempt to have any traffic citation or Notice to Appear reduced, voided, or stricken from the calendar; Taking any other action which will interfere with the efficiency or integrity of the administration of criminal justice. Members having knowledge of such interference will inform a superior officer. 8-11 RECOMMENDING ATTORNEYS & BAIL BOND BROKERS IS PROHIBITED Members will not suggest, recommend, advise or otherwise counsel the retention of any attorney or bail bond broker to any person coming to their attention as a result of police business. 8-12 INVESTIGATIVE AND TRAFFIC STOPS Investigative and traffic stops will be made in accordance with department directives. 8-13 RECOVERED PROPERTY/EVIDENTIARY MATERIAL Members will turn over to the Evidence Custodian or place in the appropriate area all lost, stolen, recovered, abandoned or evidentiary material which comes into the possession of a department member as a result of the performance of police duties. All such material will be turned over prior to the completion of the tour of duty or as otherwise outlined in current department procedures. 9) PUBLIC ACTIVITIES 9-1 COMMERCIAL TESTIMONIALS Members will not permit their names or photographs to be used to endorse any product or service, which is in any way connected with law enforcement in any commercial testimonial, which alludes to their position or employment with the department without the permission of the Chief of Police. 9-2 PUBLIC APPEARANCE REQUESTS All requests for public speeches, demonstrations and the like will be routed to the Chief of Police for approval and processing. 9-3 OUTSIDE EMPLOYMENT Prior to engaging in any outside business or employment, or volunteer employment, the member will submit a request for approval, through the Chief of Police, to the Town Manager. The approval of the Town Manager will be based upon avoiding potential conflicts of interest and protecting the image of the department and/or avoiding impairment of on -duty performance. Page 11 of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS 9-4 POLITICAL ACTIVITY No members will engage in the following political activity: Being an officer in a political parry or holding political office during his or her employment; Being a checker, watcher, or challenger for any political party, faction, or group of candidates. Utilization of one's official position with the department for political purposes. Nothing in this section should be construed to prohibit a member of the department from, as a private citizen, exercising the right of suffrage, casting a vote or expressing one's opinions privately, being delegates to or members of a political caucus, or taking part in political canvass. 9-5 SUBVERSIVE ORGANIZATIONS No member will knowingly become a member of or be connected with any subversive organization, except when necessary in the performance of duty and then only under the direction of the Chief of Police. 9-6 PERSONAL PREFERMENT No member may solicit anyone to intercede with the Chief of Police, Mayor, Commission, Town Manager or any elected/appointed official in relation to promotions, departmental assignment or disposition of pending charges or findings in a disciplinary proceeding. Nothing in this section will be construed to be applicable to licensed attorneys -at -law of the state when representing a member of the department. 9-7 CONDUCT TOWARD THE PUBLIC Members will be courteous and orderly in their dealings with the public. They will attend to requests from the public quickly and accurately. They will perform their duties quietly, avoiding harsh, violent, profane, abusive, racial, or insolent language and will always remain calm regardless of provocation to do otherwise. Upon request, they will supply their name and identification number and/or the name of their supervisor in a courteous manner. 9-8 IMPARTIAL ATTITUDE All members will display an impartial and professional attitude toward all persons coming to the attention of the department. 9-9 CARING FOR LOST, HELPLESS, INJURED, OR ILL PERSONS Members will always be alert to assist lost, helpless, injured, or ill persons. Every sworn member will maintain a proficiency in first aid techniques. 9-10 AVAILABILITY WHEN ON -DUTY While on -duty, members will not conceal themselves except for some police purpose. They will be immediately and readily available to the public during duty hours. 9-11 RESPONDING TO CALLS Members of the department will respond without delay to all calls for police assistance from citizens or other members. All calls will be answered as soon as possible consistent with normal safety precautions and vehicle laws. No member will fail to answer any telephone or radio call directed to him or her. The dispatch center will be informed by any member when leaving the air and when returning to a duty status. 10) JUDICIAL AND INVESTIGATIVE ACTIONS, APPEARANCES, & TESTIFYING 10-1 DEPARTMENTAL INVESTIGATIVE ACTIONS Members are required to truthfully and in a cooperative manner answer questions by, or render material and relevant statements to, a competent authority in a departmental administrative investigation when so directed. Page 12 of 15 GULF STREAM POLICE DEPAR'....cNT RULES AND REGULATIONS 10-2 COURT APPEARANCES AND DRESS The official uniform or business attire will be worn when appearing in court. Members will maintain a neat and clean appearance, avoiding any mannerism, which might imply disrespect to the court. Members will comply with all rules of the court. Weapons will not be displayed. 10-3 TESTIFYING FOR THE DEFENDANT Any member subpoenaed to testify for the defense in any trial or hearing, or against the town or department in any hearing or trial, will notify his or her supervisor upon receipt of the subpoena. 10-4 REFUSAL TO TESTIFY When appearing as a witness or party before any competent investigative body, a judicial tribunal, a hearing board, or a person authorized to take testimony, any member who invokes his or her constitutional privilege and refuses to testify will be subject to departmental review. 10-5 CIVIL ACTION INTERVIEWS Civil action interviews involving members or employees which arise out of departmental employment will be conducted in accordance with current departmental directives. 10-6 CIVIL ACTION, COURT APPEARANCES - SUBPOENAS Members will accept all subpoenas legally served. If the subpoena arises out of departmental employment, or if the member is informed that he or she is a party to a civil action arising out of departmental employment, he or she will immediately notify the Chief of Police by memorandum. Members will not enter into any financial understanding for appearances as witnesses prior to any trial, except in accordance with current directives. Any member of the department involved in a lawsuit, either as a plaintiff or defendant, must notify the Chief of Police by memorandum. 10-7 CIVIL DEPOSITION AND AFFIDAVITS Members will confer with the Chief of Police or designee before giving a deposition or affidavit on a civil case. DISCIPLINE 11-1 SERIOUS COMPLAINTS OR ALLEGATIONS If, in the opinion of the shift supervisor, the incident is of sufficient gravity, the supervisor will immediately notify the Chief of Police. Immediate action necessary to preserve the integrity of the department until arrival of the Chief of Police or designee will be taken. Should the matter pertain to or involve the Chief of Police, the Town Manager will be notified. 11-2 CITIZEN COMPLAINTS AGAINST DEPARTMENT PERSONNEL Complaints by citizens against members of the department will be recorded and investigated by the Chief of Police or designee as soon as possible and in accordance with current department procedures. All investigations of the Chief of Police will be conducted by the Town Manager or designated agent. 11-3 HARRASSING/UNNECESSARY COMPLAINTS Making a harassing or unnecessary complaint against a fellow member of the department is prohibited. 11-4 INVESTIGATION OF ALLEGED MISCONDUCT The individual assigned the investigation of an alleged act of misconduct on the part of a member of the department will conduct a thorough and accurate investigation. 11-5 COOPERATION WITH INTERNAL INVESTIGATIONS Failure to answer questions, respond to lawful orders or to render material and relevant statements in an internal administrative investigation when such orders, questions and statements are directly related to job responsibilities is prohibited. Page 13 of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS Nothing in the section will violate one's Federal or State constitutional rights or laws. 11-6 REPORTS OF INVESTIGATION OF ALLEGED ACTS OF MISCONDUCT Alleged acts of misconduct must be investigated and results of the investigation must be concluded in a written report. 11-7 DEPARTMENT DISCIPLINE Any member who violates or attempts to violate the law of the United States of America, the State of Florida, or local ordinances; or who violates or attempts to violate any department rule or regulation, policy or procedure, general or special order, written or verbal order; or who is incompetent to perform one's duty is subject to appropriate disciplinary action. 11-8 AUTHORITY TO DISCIPLINE Final disciplinary authority and responsibility for the department rests with the Chief of Police. Other supervisory personnel may take the following disciplinary measures: a. Verbal reprimand, memorandum of counsel, instructional memorandum; b. Written reprimand; c. Emergency administrative leave; d. Written recommendations for other penalties. 11-9 INFORMING THE PERSON BEING DISCIPLINED The member being disciplined will be informed of the charges at the time such action is taken. 11-10 EMERGENCY ADMINISTRATIVE LEAVE The following members have the authority to impose emergency administrative leave until the next business day against a member when it appears that such action is in the best interest of the department: a. Chief of Police; b. Captain c. The Town Administrator in cases involving the Chief of Police. 11-11 FOLLOW-UP ACTION ON EMERGENCY ADMINISTRATIVE LEAVE A member receiving an emergency administrative leave will be required to report to the Chief of Police or a designee on the next business day at 1000 hours unless otherwise directed by the Chief of Police or a designee. 11-12 REPORTS OF DISCIPLINARY ACTION TAKEN OR RECOMMENDED Whenever disciplinary action is taken or recommended (except for verbal counseling), a written memorandum must be submitted immediately containing the following information: a. The name, rank, I.D. number, and present assignment of the person being disciplined; b. The date(s) and time(s) of the misconduct and location(s), indicating on or off -duty; c. The section number(s) of this manual violated or common name of the infraction; d. A complete statement of the facts of the misconduct; e. The punishment imposed or recommended; Page 14 of 15 GULF STREAM POLICE DEPART ._._MT RULES AND REGULATIONS f. The written signature and position of the preparer. 11-13 CONCLUSION OF INVESTIGATION INVOLVING DEPARTMENT MEMBERS All investigations of department member's accused of misconduct will conclude with one of the following findings: a. Unfounded: The investigation indicates that the act or acts complained of did not occur or failed to involve police personnel; b. Exonerated: Acts did occur, but were justified, lawful and proper; c. Not Sustained: Investigation fails to discover sufficient evidence to clearly prove or disapprove the allegations made in the complaint; d. Sustained: The investigation disclosed sufficient evidence to clearly prove the allegations made in the complaint. Appropriate disciplinary action, if required, will be recommended by the investigator in accordance with the Supervisor's Guide to Discipline -Law Enforcement Edition. The report will be forwarded via the chain of command to the Chief of Police. 11-14 PENALTIES The following penalties may be assessed against any member of the department as disciplinary action: a. Verbal reprimand, memorandum of counsel, instructional memorandum; b. Written reprimand; c. Disciplinary probation; d. Suspension from duty without pay; e. Dismissal from the service. Garrett J. Ward, Chief of Police Original issue: 10/01/06 New 10/1/2021 Page 15 of 15 MEMORANDUM TO: Sergeant O'Donnell FROM: Sergeant Paul Webe�/ DATE: April 15th, 2021 SUBJECT: INVESTIGATIVE INTERVIEW — GSPD IA2021-01 This will serve as written notice that an inquiry has been filed concerning an incident you may have witnessed, which has been referred to me for investigation. It is my intention to interview you at Gulf Stream Police Department concerning this incident on: DATE: Friday April 16th, 2021 TIME: 1430 hours If you are not scheduled to be on duty on the date and time of your interview, please inform me as soon as possible and I will reschedule the interview. Feel free to contact me should you have any questions 561-243-7888 ext 2208. cc: IA Case File # GSPD 2021-01 246 Sea Road, Gulf Stream, Florida 33483 Administration (561) 278-8611 STATEMENT SERGEANT BERNARD O'DONNELL GULF STREAM POLICE DEPARTMENT SR21-01 Weber: The tape recorder is now on. Today is April 161h, 2021. The time is now 1500 hours. I, Sergeant Paul Weber, of the Delray Beach Police Department, am present with Sergeant Bernard O'Donnell, of the Gulf Stream Police Department. This interview is taking place at the Gulf Stream Police Department. This will be a sworn taped statement in reference to Supervisor, I'm sorry, Internal Affairs case number 21-01. The investigation arose from an incident that occurred on March 315t, 2021 and involved Officer Marshall Felter. The complainant is Sergeant O'Donnell and has made allegations of Improper Use of Body Worn Camera, SOP 17-15, and Insubordination, R&R 2-12. Do you understand, Sergeant O'Donnell, that you are being interviewed for information you have concerning this incident and that you are not the subject of any investigation? O'Donnell: I do. Weber: Do you also understand that if you were to knowingly provide false information during this official report and/or investigator you could be the subject to disciplinary action as well as criminal prosecution for perjury? O'Donnell: I do. Weber: I am now going to swear you in so please raise your right hand. Do you solemnly swear that the statement you're about to give is the truth, the whole truth and nothing but the truth so help you God? O'Donnell: I do. Weber: Please state your full name for the record. O'Donnell: Bernard J. O'Donnell. Weber: Any questions of me before we begin? O'Donnell: May I refer to our manual during these questions? Weber: Absolutely. O'Donnell: OK. Thank you. argeant Bernard O'Donnell Gulf Stream Police Department SR21-01 April 16, 2021 Weber: Can you also do me a favor during this... O'Donnell: ... Yes sir... Weber: Can you turn your radio off? O'Donnell: (Unintelligible) Weber: Not a problem. All right, Sergeant O'Donnell, how long have you been a police officer? O'Donnell: For the Town of Gulf Stream, it's been approximately eight years. Weber: And before that? O'Donnell: I was a Connecticut State Trooper for approximately twenty-one years. Weber: And how long have you been a sergeant with Gulf Stream? O'Donnell: Approximately four years. Weber: Four years. Can you explain the chain of command here at the Town of Gulf Stream? O'Donnell: Yes. The chain of command based on our operator procedure is as follows, it's Gulf Stream organizational chart is chief of police, captain, and two sergeants and then police officers, part-time officers, and code enforcement. Weber: OK. So, if I understand this then, the captain reports to the chief of police, the sergeant reports to the captain and the patrol officers report to the, the sergeants. O'Donnell: That is correct. Weber: OK. How often do you hold briefings here at the police department? O'Donnell: Every day. Weber: Every day. What is the purpose of your patrol briefings? O'Donnell: To make sure the officers are on time. Make sure they're in uniform, they have their gun belt on. They have their weapon. They have everything that they need for patrol and then also to disseminate information that was either through the Page 2 of 10 ,argeant Bernard O'Donnell Gulf Stream Police Department SR21-01 April 16, 2021 captain or the chief, and discuss anything that had occurred during the previous shift that would be pertinent to their patrol coming on to duty. So, it's just basically disseminating information and seeing if they have any questions and any equipment they may need and so on and so forth. Weber: Is it also a time where you use this to go over like directives from the chief or policy updates or general order updates? O'Donnell: Yes. Weber: OK. On the night in question, you were going to hold an overlapping day/night shift briefing, is that correct? O'Donnell: That is correct. Weber: Is that normal or do you normally hold one in the morning for day shift and one at night shift? O'Donnell: On this particular shift, there was specific information that was not shared with the day shift and the night shift and there were two officers that were coming in who were identified as Officer Marshall Felter and Officer Allen O'Neal. Weber: Um hm. O'Donnell: They weren't privileged to this information as to yet. It was a new policy that was set and, and also the off going shift needed to be briefed on certain information of a specific new order that just came out. So, the purpose was to have a group setting and discuss it and talk about it one time. Weber: Um hm. O'Donnell: And not have, and not have to discuss it twice and this way if it was questions, concerns, it would be brought up at that time and, hopefully, I would be able to answer'em. Weber: OK. Do you remember what the policy was? O'Donnell: It was about flex time. Weber: OK. And were you able to conduct this briefing? O'Donnell: Not, not immediately. I was able to do it several minutes after. Page 3 of 10 argeant Bernard O'Donnell Gulf Stream Police Department SR21-01 April 16, 2021 Weber: With all four officers? O'Donnell: No. Weber: Can you tell me what happened? O'Donnell: It was about 1900 hours or shortly there prior. I was waiting for one additional officer, Officer Ray Batista. He was just finishing up some issues in the car and he was about to come in and I was waiting to hold that briefing until when he came in. So, it was at that time he came in and everybody was present. Officer Sutton, Officer Allen O'Neal were seated. Officer Ray Batista was about to be seated and that's when Officer Marshall Felter picked up his belongings and walked towards the front door, or the back door to go, to leave the building and so I made it known to him that, to stop and that I was holding a briefing and he was to have a seat. Weber: Um hm. O'Donnell: And at that point, he was reluctant to do so. He says that "I don't answer to you" and he begin to say that "I don't work for you, I work for, directly for Captain Hasley". So I said "You will sit down. We're having briefing before you leave. You are not to leave this building." And he says, he, he reused it and he walked out the door. Weber: Has anybody ever indicated to you, before this night, that he doesn't work for you, he only works for Captain Hasley? O'Donnell: No. I never had a conversation. The chief or the captain never, no one made it known to me that I was taken out of his chain of command. Weber: Um hm. O'Donnell: That was never discussed, either verbally or in writing. So, it was my contention that he was to report to me like everybody else does and I didn't have any other information that changed that for that night. Weber: Directing our attention to body worn cameras. I know that at one point in time you became aware that he was operating his body worn camera during this incident, is that correct? O'Donnell: Yes. Weber: Was that right away or did somebody tell you that? Page 4 of 10 ,ergeant Bernard O'Donnell Gulf Stream Police Department SR21-01 April 16, 2021 O'Donnell: It was not right away. It was brought to my attention by another officer, Officer Todd Sutton. Weber: OK. I was given a policy that was issued on 10-14-2020. 1 guess it was a policy update to general order 17-15, which covers the use of body worn cameras. Was there ever a briefing to go over that update or were the officers given the directive in their mailbox? O'Donnell: I can't say for a hundred percent certainty if it was brought up in a briefing or roll call or anything like that, but it, the captain, generally, or most often, is to disseminate information that goes into our procedure, or manual, and we are given a copy of it and the officers sign it and its' be gone into their, their manual. Weber: OK. And when they, when they sign for the order, I'm assuming at that point in time, they're taking responsibility that they have read it and they understood it and if they had any questions about it they would've sought a supervisor to clarify any questions? O'Donnell: Yes. Weber: OK. I have a copy of the order that he signed and I don't, I'm not aware of any questions that he might have had. O'Donnell: I'm not aware... Weber: ... Do you what this, I'm sorry... Do you know what the change was at the time, to the general order? O'Donnell: I'm not sure what the change was. Weber: OK. O'Donnell: But I, I've read the policy before this and I've read it, I read it after this and I don't know if there was any changes to it. Weber: OK. O'Donnell: But it specifically indicates in there that an officer will not turn it on and activate it... Weber: ... So... O'Donnell: ... to record another officer. Page 5 of 10 2rgeant Bernard O'Donnell Gulf Stream Police Department SR21-01 April 16, 2021 Weber: I want to go over two specific parts of your policy. General order 17-15, Section 2, Part 1, talks about the start-up procedure at the beginning of shift. Can you go over that with me? O'Donnell: Yes. Upon arrival into the building or when they're ready to go in service, they take the camera and they will activate it. They will give their date, the date, the time, their name and that they are going 10-8 and test. Weber: Um hm. O'Donnell: And they deactivate it. Weber: Do they just put it in a stand-by mode at that point? O'Donnell: Yes. Weber: I, I'm not sure how your cameras work. That's why I'm asking. O'Donnell: Right. No, I understand. So, after that test, the camera stays on. Weber: Right. O'Donnell: And there's a green light that eliminates so you can see that it's on or off. So, at this point, when it was brought to my attention that the, that he had his camera on, I looked down and I did see that it was red. Red, meaning that it was in a recording mode. Weber: OK. I also want to go over policy 17-15, Section E, Parts 1, 3 and 4, OK? Section 1 talks about... I highlighted this... Section 1 talks about conversations of fellow employees aren't supposed to be recorded. O'Donnell: Yes. Weber: Section 3 talks about when on break or otherwise engaged in personal activities, cause there was a part of the time where he had a conversation with somebody on his personal cell phone? O'Donnell: Yes. Weber: And Section 4 talks about in any location where employees have a reasonable expectation of privacy such as a restroom or locker room. Page 6 of 10 �rgeant Bernard O'Donnell Gulf Stream Police Department SR21-01 April 16, 2021 O'Donnell: (Unintelligible) Weber: Did you get a chance to view the video? O'Donnell: I did. Weber: And would you concur that he violated those three sections of that policy? O'Donnell: I do. Weber: OK. Is there anything else regarding this that I haven't asked you that you'd like to add? O'Donnell: With regards to the body worn camera? Weber: Or anything that we've talked about today or that night. O'Donnell: The, the briefing was to specifically talk about the policy change and not only that, but we had an incident that, that occurred during the shift that he didn't have any part to, but needed to be brought, made aware of, cause there were specific orders that was to be followed during his shift. Weber: OK. O'Donnell: And it was also the point for me to make that known not only to him, but Officer Allen O'Neal. So, specifically, the roll call was, yes, to discuss the policy, but also disseminate police activity that would need to be done later in that shift. Weber: Were you able to convey that message to him? O'Donnell: No. Weber: How about Officer O'Neal? O'Donnell: Yes. Weber: OK. I, 1 guess the other question I have is I, 1 had a copy of his, of the payroll tally for that night. O'Donnell: Yes. Weber: And it showed that he was sick. Then I also printed out a, a radial log from our Dispatch. Page 7 of 10 _argeant Bernard O'Donnell Gulf Stream Police Department SR21-01 April 16, 2021 O'Donnell: Yep. Weber: And it shows that he went in service at 1857 hours, which is also inline with the body worn camera. O'Donnell: Yes. Weber: And then it shows that he went out of service at, at 2245 hours. O'Donnell: I was made aware of that the following day. I wasn't aware that that had actually took place until I came in for the next day shift and Captain Hasley was here at the time. Weber: OK. I guess the last question is, there was a time where he, after, after you guys had your last, I guess, on body worn camera, the last confrontation in, inside the briefing room. He walked out to his car again and then there was other clips where he was walking around the building and going in and out of his car. You had given him an order that tomorrow when he reports, that he's not to, to do anything until you speak to him. O'Donnell: Yes. Weber: Was that to go over the policy cause that was about a half an hour after the first incident. O'Donnell: Yes. It was also to discuss the policy with him and also believe to meet with either the chief or the captain to go, discuss his actions for that evening and that was my direction to him. Weber: OK. It was a little muffled from wearing the mask and, and distance. I just couldn't make it out. I just wanted to clarify that... O'Donnell: ... I understand. If I may, I just want note that the first denial, or refusal, to follow my, my order by sitting down. His only response was well that I, that I want to make sure is that he says that he, he doesn't work for me, he works for the captain. Weber: Um hm. O'Donnell: Captain Hasley. At no time did he mention that he needed any medical attention. That he needed to go get medication. It was only after he left and then he came back in and sat down and then he said that he needed to go to his car and get medication. So, I, 1 just want to make sure that it's clear... Page 8 of 10 argeant Bernard O'Donnell Gulf Stream Police Department SR21-01 April 16, 2021 Weber: ... Right. I heard that and I saw that on the video. O'Donnell: OK. So, had he mentioned that the first time, I maybe could've understood that and, but he did not make any mention that he needed to seek any mediation at the first onset. It was only on the second. Weber: OK. O'Donnell: And I want to make, you know, on the video there's certain things that he did after he left that building that would, I guess, contradict what his excuse was to leave the building and go seek medical, medication. Weber: Um hm. O'Donnell: So, for him to say that he was going to get medication, based on the video, he did not do that. Weber: OK. Also, this happened in the presence of Officer Sutton, O'Neal and Batista. Was there any conversation about what happened between the guys you or... O'Donnell: That night? Weber: That night or since that night. O'Donnell: Well, you know, to be fair, and to be truthful, we had discussed it. I don't believe I had discussed it with Officer O'Neal. Any discussions I had with the officers involved, I said you just tell the truth. Weber: Um hm. O'Donnell: And do not communicate about what had occurred and, and just, just remember what happened and if you have to make notes, do it, and tell the truth. Weber: OK. O'Donnell: And so that was really only thing. I did, I did have discuss with Officer Batista and Sutton that this interview was, I, that I submitted the complaint and that this interview and the investigation was going forward. Weber: Um hm. O'Donnell: And that's it. Page 9 of 10 .?rgeant Bernard O'Donnell Gulf Stream Police Department SR21-01 April 16, 2021 Weber: OK. Anything else you want to add? O'Donnell: I don't believe so, no. Weber: OK. This will conclude the statement. The time is now 3:16 or 1516 hours. ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ INTERVIEW CONCLUDES. Transcribed on 04-21-2021 by D. Terrizzi. Page 10 of 10 MEMORANDUM TO: Officer Batista FROM: Sergeant Paul Weber 61 DATE: April 15th, 2021 SUBJECT: INVESTIGATIVE INTERVIEW —GSPD IA2021-01 This will serve as written notice that an inquiry has been filed concerning an incident you may have witnessed, which has been referred to me for investigation. It is my intention to interview you at Gulf Stream Police Department concerning this incident on: DATE: Monday April 19th, 2021 TIME: 1000 hours If you are not scheduled to be on duty on the date and time of your interview, please inform me as soon as possible and I will reschedule the interview. Feel free to contact me should you have any questions 561-243-7888 ext 2208. cc: IA Case File # GSPD 2021-01 246 Sea Road, Gulf Stream, Florida 33483 Administration (561) 278-8611 STATEMENT OFFICER RAMON BATISTA GULF STREAM POLICE DEPARTMENT SR21-01 Weber: The tape recorder is now on. Today is April 19th, 2021 and the time is now 1023 hours. I, Sergeant Paul Weber, of the Delray Beach Police Department, am present with Officer Raymond Batista. This interview is taking place at the Gulf Stream Police Department. This will be a sworn taped statement in reference to Internal Affairs case number 2021-001. This investigation arose from an incident that occurred on March 31St, 2021 and involved Officer Marshall Felter. The complainant is Sergeant Bernard O'Donnell and has made allegations of Improper Use of the Body Worn Camera, SOP 17-15, and Insubordination, Rules and Regulation 2-12. Do you understand, Officer Batista, that you are being interviewed for information you have... I'm sorry, you are being interviewed for information you may have concerning this incident and that you are not the subject of any investigation? Batista: Yes, sir. Weber: Do you also understand that if you were to knowingly provide false information during this official report and/or to this investigator you could be the subject to disciplinary action as well as criminal prosecution for perjury? Batista: Yes, sir. Weber: I'm now going to swear you in so please raise your right hand. Do you solemnly swear that the statement you are about to give will be the truth, the whole truth and nothing but the truth so help you God? Batista: I do. Weber: Please state your full name for the record. Batista: Ramon Batista. Weber: Any questions of me before we begin? Batista: No, sir. Weber: OK. Officer Batista, how long have you been a police officer? Officer Ramon Batista Gulf Stream Police Department SR21-01 April 19, 2021 Batista: Forty years. Weber: How many? Batista: Forty. Weber: Forty?! Wow. Batista: Yes, sir. Weber: And how long have you been with the Town of Gulf Stream? Batista: A little over five years. Weber: Five years. Do you have a, a general orders book that you guys were given that... Batista: ... Yes, sir. Weber: ... given updates periodically... Batista: ... Yes. Weber: ... to maintain? Have you ever seen the organizational chart for the Town of Gulf Steam Police Department? Batista: ... I believe so, sir, yes. Weber: OK. If you, if you know off the top of your head, can you tell me how the chain of command goes for the Town of Gulf Stream. Batista: I'm not a hundred percent sure on, cause I haven't looked at it recently, but I believe it's the chief of police, the captain and the two sergeants and then the, the officers. Weber: OK. So you've been a police officer for forty years. Batista: Yes, sir. Weber: Who would be your direct report? Batista: The person that I report to directly? Weber: Yes. Page 2 of 7 Officer Ramon Batista Gulf Stream Police Department SR21-01 April 19, 2021 Batista: It would be Sergeant O'Donnell. Weber: OK. Do you know of any other officers that work here that report to someone, I'm talking first line officers, that report to anybody other than their sergeant? Batista: No, sir. Weber: OK. On the night of March 315t, you were present at an overlapping day/night shift briefing, is that correct? Batista: Yes, sir. Weber: Can you tell me what happened during that... Batista: ... Excuse me. I just wanted to back up to that one question when you asked me if I know of any other officers. I don't know if you, if I'm getting ahead of myself, but on that particular date when this incident happened, one officer in particular, mentioned to Sergeant O'Donnell that he doesn't report to him. He reports to, to the captain... Weber: ... That, that... Batista: ... that's what... Weber: Yeah. I, 1 was gonna, I was gonna ask that... Batista: ... Yeah, I don't know if that's what you're referring to, but normally, that I know of, every, every officer reports to their sergeant. Weber: So you, that, that's odd to you that he would report to somebody other than a sergeant? Batista: Yes, sir. Weber: OK. So on the night of that, that briefing, can you tell me what happened while you were in briefing? Batista: Yes, when we came, I walked in approximately maybe like thirty seconds after Officer Sutton and we were getting ready to have a briefing in reference to some new, some new policies that the sergeant was advised of through the captain and the chief. Page 3 of 7 Officer Ramon Batista Gulf Stream Police Department SR21-01 April 19, 2021 Weber: Um hm. Batista: So he, the sergeant wanted to make sure that all four of us were, were sitting there at shift change and were aware of, of the new policy with, in relation to how, what time we could, you know, start getting ready to leave and what time we could leave and if we had to stay in uniform and so forth. Weber: OK. Was Sergeant O'Donnell able to hold this briefing? Batista: He started, he started to have the briefing and at that time Officer Marshall mentioned something that he had to go outside. That's approximately about the time I was getting ready to walk in, or I had walked in and was sitting down and he mentioned, he mentioned something about you know the officer, I'm sorry, Sergeant O'Donnell asked him "If can you please have a seat, we're gonna have the briefing and I just need everyone to be here a minute so we can go over this." And he said that he didn't report to, to him, he reports to Captain, Captain Hasley. And then at some point around there, when Officer Marshall had stepped out, but then when he stepped out, Officer Sutton had noticed that his body worn camera was, was on. So, he had mentioned that to Sergeant O'Donnell and so he, being in the violation of the policy, Sergeant O'Donnell mentioned that to Officer Felter and Officer Felter said "No, I'm not, I'm not gonna shut the camera off. I'm gonna keep it on." Weber: OK. So briefings are normally held for updating policies and going on crime stats and directed patrols and things of that nature, correct? Batista: Right. We, we normally have a briefing every, you know, at shift change. Weber: OK. Batista: Sometimes it, it's normally it doesn't last too long and this particular one, this one lasted, you know, a few minutes longer than, than usual because of the fact that he wanted to make sure that everybody understood what, you know, Sergeant O'Donnell wanted to make sure that everyone there understood what was passed to him bythe chief and the captain and that that was gonna be our new, you know, operating procedures. Weber: If you can remember, was there anything holding or pressing that he had to get out and on patrol and couldn't sit in briefing that morning, that night? Batista: No, there were no, no calls holding or anything at that time. I remember that when, when Sergeant O'Donnell asked him to shut the camera off, he said "No, I'm not gonna shut the camera off." And then he mentioned "Oh, so you're not Page 4 of 7 Officer Ramon Batista Gulf Stream Police Department SR21-01 April 19, 2021 gonna let me go out to my car and get my medication." And that's, that's the last I remember there. Weber: OK. On October 14, 2020, there was a policy update for general order 17-15, which covers the use of body worn cameras. Was there a briefing to go over that update or was it just given to you guys and for you to sign off on and understand the policy? Batista: Right. Right. I know that we, we had some training on that. I don't remember specifically if there was a briefing or not, but I know we were also given the policy and we signed off on it when everybody read it individually. Weber: OK. Batista: And we also discussed it with I believe Officer Sutton is sort of in charge of the technical side of the, of the body worn cameras and he's the go to person for any questions we have and all that. So we, also the sergeants... I don't remember exactly we had a specific, you know, briefing about it or not or, or if we just discussed it during the every day at shift change as we're getting closer and getting new cameras issued and all that. Weber: OK. General order 17-15, Section 2, Part 1, now I'm not trying to put you on the spot here, but there's a procedure at the start of your shift with regards to the body worn camera. Do you know what that is or can you explain it to me? Batista: Yes. You're, I don't know it the way you just, you know, by that particular procedure... Weber: ... Right. Batista: ... but I believe.... Weber: ... We'll just call it start of shift procedure... Batista: ... Sure, sure. I believe you're, you're referring to when, when, I do this every day when I come on duty. I'll give the, I turn the camera on and I identify myself and the date and time and then I give my ID number. Weber: OK. And then you put it into a stand-by mode? Batista: And then after I, you know, after, or I press the button and it starts recording and it'll say "video on". Page 5 of 7 Officer Ramon Batista Gulf Stream Police Department SR21-01 April 19, 2021 Weber: Um hm. Batista: Then after I give that information, I press it twice and it shuts the camera off. Weber: All right. And then it has like a green flashing light that stays on after that time... Batista: ... That green light like the one that I have on here right now. Weber: Right. Batista: It means it's just not recording at this time. Weber: And when it turns red, then you know you're recording, correct? Batista: Yes, sir. Weber: When did you become aware that he was recording in the briefing? Batista: When I, when he stepped out of the, he stepped out of the line up room and then Officer... I had not noticed that it was recording, but Officer Sutton saw that it was recording so he brought it to Sergeant O'Donnell's attention. So that when Officer Marshall came back in the room, that's when Sergeant O'Donnell brought it to Officer Marshall's attention. Weber: OK. Once again, I'm not trying to throw anything at, or put you on the spot here. General order 17-15, Section E, Parts 1, 3 and 4, they talk about when you won't use the body worn camera? Are you familiar with those? Batista: I believe that's the one that says that we will not use it to record other officers unless we're on, on a scene outdoors or something like that, but not, you're not supposed to record them anywhere like in the station or anything like that unless it's a police related. Weber: Right. Batista: (Unintelligible) Weber: So with that being said, a roll call briefing wouldn't be one of those incidents where you would be recording, is that correct? Batista: Yes, sir. That would be my understating, that that's not a normal type one where we would be recording. Page 6 of 7 Officer Ramon Batista Gulf Stream Police Department SR21-01 April 19, 2021 Weber: OK. Is there anything that you would like to add to this? Batista: No, sir. Weber: ... to this statement? OK. The time is now 1032 hours and I'll be turning off the tape recorder. INTERVIEW CONCLUDES. Transcribed on 04-21-2021 by D. Terrizzi. Page 7 of 7 MEMORANDUM TO: Officer Sutton 9' FROM: Sergeant Paul Weber DATE: April 15th, 2021 SUBJECT: INVESTIGATIVE INTERVIEW — GSPD IA2021-01 This will serve as written notice that an inquiry has been filed concerning an incident you may have witnessed, which has been referred to me for investigation. It is my intention to interview you at Gulf Stream Police Department concerning this incident on: DATE: Monday April 19th, 2021 TIME: 1030 hours If you are not scheduled to be on duty on the date and time of your interview, please inform me as soon as possible and I will reschedule the interview. Feel free to contact me should you have any questions 561-243-7888 ext 2208. cc: IA Case File # GSPD 2021-01 246 Sea Road, Gulf Stream, Florida 33483 Administration (561) 278-8611 STATEMENT OFFICER TODD SUTTON GULF STREAM POLICE DEPARTMENT SR21-01 Weber: The tape recorder is now on. Today is April 191h, 2021. The time is now 1034 hours. I, Sergeant Paul Weber, of the Delray Beach Police Department, am present with Officer Todd Sutton. This interview is taking place at the Gulf Stream Police Department. This will be a sworn taped statement in reference to Internal Affairs case number 2021-01. This investigation arose from an incident that occurred on March 315t, 2021 and involved Officer Marshall Felter. The complainant is Sergeant Bernard O'Donnell and has made allegations of Improper Use of Body Worn Camera, SOP 17-15, and Insubordination, R&R 2-12. Do you understand, Officer Sutton, that you are being interviewed for information you may have concerning this incident and that you are not the subject of any investigation? Sutton: Yes, sir. Weber: Do you also understand that if you were to knowingly provide false information during this official report and/or to this investigator you could be the subject to disciplinary action as well as criminal prosecution for perjury? Sutton: , Yes, sir. Weber: I'm now going to swear you in so please raise your right hand. Do you solemnly swear the statement you're about to give is the truth, the whole truth and nothing but the truth so help you God? Sutton: I do. Weber: Please state your full name for the record. Sutton: Todd E. Sutton. Weber: Any questions of me before we begin? Sutton: No, sir. Weber: Can you please turn off your radio? Sutton: Oh, sure. Officer Todd Sutton Gulf Stream Police Department SR21-01 April 19, 2021 Weber: Thank you. Sutton: Maybe I should... Weber: ... I, 1 don't want her to say "I couldn't hear him cause he was... he had his radio on". She would kinda yell at me for that. First thing I want to go over with you is, you guys all have a general orders book? Sutton: Yes, sir. Weber: And when you're given a general order, either for an update or to review, you're supposed to update that in your general order book, is that correct? Sutton: That's right. Weber: Do you have an organizational chart in your, in your book? Sutton: Yes, we do. Weber: OK. Are you familiar with the organizational chart? Sutton: Yes, sir. Weber: Can you please go over the organizational chart with me? Sutton: Top is the chief. Below him is Captain Hasley. Below him is Sergeant Passeggiata and Sergeant O'Donnell, as supervisors. Weber: And then below that is that police officers, the part-time officers and code enforcement officers? Sutton: That's right. Weber: So, as a patrol officer, who do you report to? Sutton: The sergeant, directly. Weber: Is it known or common for any of the patrol officers to report directly to a captain? Sutton: No. The sergeant is the supervisor. He's the, the first in the chain of command. Weber: So if somebody says to you, "I don't report the sergeant, I report to the captain", would that surprise you? Page 2 of 7 Officer Todd Sutton Gulf Stream Police Department SR21-01 April 19, 2021 Sutton: That would surprise me, yes. Weber: OK. How long have you been employed with the Town of Gulf Stream? Sutton: Almost eight years. Weber: Are you familiar with all your general orders? I'm not trying to put you on the spot for anything today... Sutton: OK. Weber: ... but I'm gonna ask you some questions specific to some of your general orders. Sutton: OK. Weber: OK? Sutton: I'll answer them to the best of my ability. Weber: OK. Perfect. On the night of March 315t, 2021, you were present at an overlapping day/night shift briefing, is that correct? Sutton: That's right. Weber: Can you tell me what happened at that briefing? Sutton: I entered the building about, I would say it was between 6:50 and 6:55, and when I entered the building, Sergeant O'Donnell and Officer Felter were engaged in a conversation right by the door and I heard something to the effect of we're having a meeting and Officer Felter said "Well, that's not how it normally is. We get in our cars and we go at shift change." And Sergeant O'Donnell said "Well, we're having a meeting" and Officer Felter said "Well, I don't report to you" or "I don't...", something in that... "I don't report to you, I don't...." I'm trying to think of the other word... But anyway, he said "I don't report to you" and he walked out... Weber: ... How... Sutton: ... and I sat down. Weber: ... I'm sorry, how often you guys hold briefings? Page 3 of 7 Officer Todd Sutton Gulf Stream Police Department SR21-01 April 19, 2021 Sutton: Being held over? Not very often. Not, not often. Weber: Are most of your briefings at the beginning of your shift? Sutton: Yes. Weber: And would Sergeant O'Donnell provide a night shift briefing for the oncoming night shift? Sutton: Not very often, no. Weber: But when one was needed, would he be the one that would effect it or... Sutton: ... Absolutely. Weber: ... or the other sergeant? Sutton Right. Weber: OK. On this particular night I was told that there was a, a overlapping briefing because a new policy had come out and they just wanted to get the message out to everybody at the same time? Sutton: Right. Weber: OK. Were you given advance notice of the briefing? Sutton: Yes. Weber: OK. Were you aware that Officer Felter was recording the briefing on his body worn camera? Sutton: I noticed it... He went in and out of the building a few times. I did notice that it appeared to be recording because when it is recording, the red light flashes. Weber: Um hm. Sutton: So, when he came back in, I can't remember how many times he went in and out, but one, on one occasion when he came back in, I noticed that it was recording and he came in and I was sitting at the table and he, there, he had some of his property on the table. I can't remember whether, what it was, that he keeps with him in the car and he, he said something to the effect "I'll be right back with you Page 4 of 7 Officer Todd Sutton Gulf Stream Police Department SR21-01 April 19, 2021 gentlemen" and he wasn't in the building for more than thirty seconds and then he had walked back out again. Weber: Um hm. Sutton: But I did notice it when he came in. Weber: OK. Sutton: Yeah. Weber: Now, your policy 17-15, Section E 1, 3 and 4, talk about times when you're not supposed to be using your body worn camera? Sutton: I don't know it verbatim, but I know that you are not to use a body worn camera in the locker room or the bathroom and you are not to use it to record other officers. I know that's in the policy. Weber: Would the patrol briefing be one of the instances where you shouldn't be recording with your body worn camera? Sutton: I would, I would say yes. Weber: OK. Sutton: You should not be recording that. Weber: Also, according to your general order 17-15, Section 2 Part 1, what is a start up at the beginning of your shift for the body worn camera? Sutton: I'm sorry, the start up? Weber: The start up procedure. Sutton: You're to do a test recording stating the date, the time, your name, and your badge number. That's what I do. Weber: OK. I was told by Officer Batista that you help with the body worn cameras. Sutton: That's right. Weber: Do you ever look to see or do audits to make sure people are doing that? Page 5 of 7 Officer Todd Sutton Gulf Stream Police Department SR21-01 April 19, 2021 Sutton: I do not. I have, I'm more involved in if officers have a problem with the body camera. If something's not working correctly or it, sometimes there's an issue where, you know, if there's a setting sometimes that, that needs to be fixed, I do that. I don't, I don't view the videos unless I'm directed to and as far as I can remember, I've never been directed to view anybody's videos. Weber: When you do your start up, where do you normally do that? Sutton: This morning, I did it outside. Weber: OK. Sutton: By the car. Usually, I'll do it, sometimes I'll do it inside, but there's people in the building and there's talk and, you know, there's... Weber: ... Right. Sutton: So I have done it inside, but I usually, I, today and I, 1 try and make to do it outdoors, but I have done it inside. Weber: But when you did it, the purpose was only to activate it, do your test sequence and then put it into stand-by mode? Sutton: Right... Weber: ... Not to record conversations? Sutton: No, no. It takes about ten seconds and I just... Weber: ... But it... Sutton: ... I, 1 try to do it where's there's no commotion around because it'll pick up that audio too and it'll... Weber: ... And obviously if you, if you're doing that, everybody knows what you're doing because... Sutton: ... Right. Weber: ... they're all doing it as well? Sutton: Right. Because when you press "record" on it, it says "start audio". It, it's an audible alert. That way, if you activate it by accident, you know. Page 6 of 7 Officer Todd Sutton Gulf Stream Police Department SR21-01 April 19, 2021 Weber: Right. Sutton: So, everybody in the room would know if, I would imagine, if you pressed it, it would say "start audio" and I think anybody within ten feet would hear it. Weber: Right. To your knowledge, was there any, any calls holding or something pressing that he couldn't sit in briefing, he had to get out on the road? Sutton: No. Weber: And there was no reason why he couldn't of sat through briefing and heard whatever information was gonna be disseminated that night? Sutton: I don't recall any incidents during that time period that we were dispatched to or that were prudent to, to get out on the road, no. Weber: OK. Is there anything you'd like to add regarding this? Sutton: No. Weber: All right. I appreciate your time. The tape recorder is turning off. The time is now 1043 hours. ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ INTERVIEW CONCLUDES. Transcribed on 04-21-2021 by D. Terrizzi. Page 7 of 7 ►1 � 1 k to] G7_LIbill"T TO: Officer O'Neal FROM: Sergeant Paul Weber �j, DATE: April 151h, 2021 SUBJECT: INVESTIGATIVE INTERVIEW — GSPD IA2021 This will serve as written notice that an inquiry has been filed concerning an incident you may have witnessed, which has been referred to me for investigation. It is my intention to interview you at Delray Beach Police Department Internal Affairs Conference Room concerning this incident on: DATE: Monday April 19th, 2021 TIME: 1930 hours If you are not scheduled to be on duty on the date and time of your interview, please inform me as soon as possible and I will reschedule the interview. Feel free to contact me should you have any questions 561-243-7888 ext 2208. cc: IA Case File # GSPD 2021-01 246 Sea Road, Gulf Stream, Florida 33483 Administration (561) 278-8611 STATEMENT OFFICER ALLEN O'NEAL GULF STREAM POLICE DEPARTMENT SR21-01 Weber: The tape recorder is now on. Today is April 19th, 2021. The time is now 1932 hours. I, Sergeant Paul Weber, of the Delray Beach Police Department, am present with Officer Allen O'Neal. This interview is taking place at the Delray PD. I'm sorry... This will be a sworn taped statement in reference to Internal Affairs case number 2021-001. This investigation arose from an incident that occurred on March 315t, 2021 and involved Officer Marshall Felter. The complainant is Sergeant Bernard O'Donnell. The complaint is Improper Use of the Body Worn Camera, in violation of SOP 17-15, and Insubordination, Rules and Regulations 2- 12. Do you understand, Officer O'Neal, that you are being interviewed for information that you may have concerning this incident and that you are not the subject of any investigation? O'Neal: Yes. Weber: Do you also understand that if you were to knowingly provide false information during this official report and/or to this investigator you could be the subject to disciplinary action as well as criminal prosecution for perjury? O'Neal: Yes. Weber: I am now going to swear you in so please raise your right hand. Do you solemnly swear that the statement you're about to give is the truth, the whole truth and nothing but the truth so help you God? O'Neal: I do. Weber: Please state your full name for the record. O'Neal: My name is Allen O'Neal, Allen Crosby O'Neal. Weber: Any questions of me before we begin? O'Neal: No. Weber: OK. Officer O'Neal, have long have you been a police officer? O'Neal: I've been a police officer approximately thirty-four years. Officer Allen O'Neal Gulf Stream Police Department SR21-01 April 19, 2021 Weber: And how ►ong have you been with the Town of Gulf Stream? O'Neal: Gulf Stream, approximately two years. Weber: And what's your role there in Gulf Stream? O'Neal: Patrol officer. Weber: OK. When you got hired, were you given a general orders book? O'Neal: Yes. Weber: And in that general orders book, was there a, an organizational chart? O'Neal: I believe so, yes. Weber: OK. And if you could, please describe to me the, the chain of command at the Gulf Stream Police Department. O'Neal: Gulf Stream chain of command is officer, sergeant, at the time when I was hired it was lieutenant, the lieutenant has since then been promoted to captain, then chief. Weber: OK. So, who would be your direct supervisor then? O'Neal: The sergeant. Weber: Do you know of any police officers in your agency that directly report to the captain? O'Neal: None. Weber: OK. On the night of March 215Y (correction, 3119, you were present at an overlapping day/night shift briefing, is that correct? O'Neal: Correct. Weber: Did you get advance notice of this, that this briefing was gonna take place? O'Neal: In the parking lot, the sergeant indicated that we may have a briefing. He had some information. Page 2 of 6 Officer Allen O'Neal Gulf Stream Police Department SR21-01 April 19, 2021 Weber: OK. Was that briefing able to take place? O'Neal: No, well he tried to start it. Weber: Can you tell me what happened? O'Neal: Myself, Officer Batista and Officer Sutton were sitting down. Officer Felter was also present. As he began to start the briefing, Officer Felter gathered his stuff and began to walk out. The sergeant asked him to have a seat because we were having briefing. He said "No". They had some words back and forth. He gave him an order to sit down. He said "No". He walked out. He was outside for a few moments. Returned. The sergeant again asked him to sit down. He said "No", he needed to get some medication or something like that and proceeded to walk out and during that conversation, Felter advised him that he only takes orders from the captain. Weber: OK. O'Neal: He answers to the captain. Something along those lines. Weber: Did you notice that he had his body worn camera during this encounter? O'Neal: Not during the first time. It was brought to my attention when he returned and he acknowledged it during the conversation with the sergeant. Weber: Is it common to wear your body worn camera in the on position during briefings? O'Neal: No, it is not. Weber: What is your start, your start up procedure, according to your general order 17- 15? O'Neal: Basically, check your body worn camera. Give date, time, vehicle, just general information and shut it off. And that's generally a testing and identifying type thing... Weber: ... But where did, where does this normally occur? O'Neal: It can occur anywhere, in your vehicle as you take it out of the cradle, the battery charger, out in the car, in the parking lot. You know, anywhere. Weber: Does your general order specifically state where you're not supposed to be using your body worn camera? Page 3 of 6 Officer Allen O'Neal Gulf Stream Police Department SR21-01 April 19, 2021 O'Neal: In there, there is a section where I believe we are not to have it on in the station and as we are conversating or having a conversation with other officers. Weber: Do you know if it also says not in the bathrooms or the locker rooms or... O'Neal: ... I'm pretty sure that's covered also. I'm... Weber: OK. O'Neal: I have not reviewed it lately. Weber: OK. I gotcha. Prior, prior to this night, were you aware of any problems that he and Sergeant O'Donnell had? O'Neal: Vaguely. I know from what Officer Felter has told me himself that they were not the best of friends. Weber: OK. Sergeant O'Donnell, I guess he worked the day shift at the time? O'Neal: Yes, sir. Weber: And then normally works 0700 to 1900? O'Neal: Yes. Weber: And that whenever you saw him, it would just be in passing? O'Neal: In passing. Weber: And briefing wasn't, are they normally held daily or as needed? O'Neal: As needed. Weber: And is it often? O'Neal: When there's information that they, that day shift wants to pass on to night shift. It's as needed. Weber: So when Officer Felter has had reference, or not reference, contact with Sergeant O'Donnell during these briefings does he always act in this manner or has he normally been... Page 4 of 6 Officer Allen O'Neal Gulf Stream Police Department SR21-01 April 19, 2021 O'Neal: ... I've never seen... Weber: ... (Unintelligible) O'Neal: ... them two interact the way they did that evening before, prior to that. Weber: So, if Sergeant O'Donnell was gonna give a briefing in the past, he woulda sat there, listened to it, taken notes or done whatever he had to do? O'Neal: I would believe so. Weber: OK. O'Neal: I would hope so anyway. Weber: Anything leading up to this that, that caused this that you know of? O'Neal: No. Weber: Being that you work with him a lot? O'Neal: No. I have no idea. Weber: OK. Anything else you want to add regarding this? O'Neal: Nope. Weber: OK. I appreciate your time. The tape recorder will now end. It's now 1939 hours. ------------------------------------------------------------------------------ CONTINUTATION OF INTERIVEW Weber: The tape recorder is back on. It's 7, 1941 hours. We wanted to add a little bit more information from Officer O'Neal. O'Neal: Yes, during the exchange of words, Felter advised that he would contact the captain and his lawyer and Sergeant O'Donnell also advised that he would contact the captain. As we sat there, Sergeant O'Donnell did call up the captain and I don't know exactly what was said and it was brief. They had a conversation and that was pretty much it. Weber: OK. Thank you. O'Neal: Not a problem. Page 5 of 6 Officer Allen O'Neal Gulf Stream Police Department SR21-01 April 19, 2021 Weber: The recorder is gonna end. It's now 1942. ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ INTERVIEW CONCLUDES. Transcribed on 04-21-2021 by D. Terrizzi. Page 6 of 6 MEMORANDUM TO: Captain John Haseley FROM: Sergeant Paul Weber DATE: April 19th, 2021 SUBJECT: INVESTIGATIVE INTERVIEW —GSPD IA2021-01 This will serve as written notice that an inquiry has been filed concerning an incident you may have witnessed, which has been referred to me for investigation. It is my intention to interview you via Microsoft Teams concerning this incident on: DATE: Wednesday April 21st, 2021 TIME: 0930 hours If you are not scheduled to be on duty on the date and time of your interview, please inform me as soon as possible and I will reschedule the interview. Feel free to contact me should you have any questions 561-243-7888 ext 2208. cc: IA Case File # GSPD 2021-01 246 Sea Road, Gulf Stream, Florida 33483 Administration (561) 278-8611 STATEMENT CAPTAIN JOHN HASLEY GULF STREAM POLICE DEPARTMENT SR21-01 Weber: The tape recorder is now on. Today is April 215t, 2021. The time is now 931 hours. I, Sergeant Paul Weber, of the Delray Beach Police Department, am present with Captain John Hasley, of the Gulf Stream Police Department. This interview is taking place via Microsoft Teams and will be a sworn taped statement in reference to Gulf Stream Police Department Internal Affairs case number 2021-01. This investigation arose from an incident that occurred on March 315t, 2021 and involved Officer Marshall Felter. The complainant is Sergeant Bernard O'Donnell. This complaint, the complaint... I'm sorry, the complainant has made allegations of Improper Use of Body Worn Camera, SOP 17-15, Insubordination, R&R 2-12. Do you understand, Captain Hasley, that you are being interviewed for your information that you may have concerning this incident and you are not the subject of any investigation? Hasley: Yes, sir. Weber: Do you also understand that if you were to knowingly provide false information during this official report and/or to this investigator you could be the subject to disciplinary action as well as criminal prosecution for perjury? Hasley: Yes, sir. Weber: I'm now going to swear you in so please raise your right hand. Do you swear that the statement you're about to give will be the truth, the whole truth and nothing but the truth so help you God? Hasley: I do. Weber: Please state your full name for the record. Hasley: John J. Hasley, Captain for the Gulf Stream Police Department. Weber: Any questions of me or requests before we begin? Hasley: No, sir. Captain John Hasley Gulf Stream Police Department SR21-01 April 21, 2021 Weber: So, Captain Hasley, I just want to go over a couple of points of clarification for this investigation. When I received this investigation from you, you gave me a copy of the Gulf Stream Police Department chain of command? Hasley: Correct. Weber: You also gave me a copy of a receipt from Officer Felter where he signed for general order 17-15 in October 2020, is that correct? Hasley: Correct. Weber: OK. Can you please go over the, the chain of command for the Gulf Stream Police Department? Hasley: Our chain of command starts with the officer/code enforcement officers. It then goes on to the super, the next supervisor is the sergeant. It then goes on to myself the captain, and then ends with the chief of police. Weber: So, just for clarification purposes, the police officers report to the sergeants, the sergeants report to the captain and you report to the chief of police. Hasley: Correct. Weber: At any time during the employment of Officer Felter, was he given direction that he reports to you and not to either of the sergeants? Hasley: No, sir. Weber: OK. So the fact that he, on this night of March 315t, refused to follow the order of Sergeant O'Donnell due to the fact that he only reports to you would surprise you. Hasley: Yes. Weber: OK. Secondly, general order 17-15 gives directions on when and how the body worn cameras will be used from start up procedure through the actual use of a recording, is that correct? Hasley: Correct. Weber: When it was given to him on, in October of 2020, was there any clarifying questions that he asked of you or anybody else that you know of when he received the order? Page 2 of 3 Captain John Hasley Gulf Stream Police Department SR21-01 April 21, 2021 Hasley: I do not recall him asking me any questions. The orders were gone over by the sergeants at the time, whoever their sergeant was at the time. You know, to clarify or answer any questions they may have into the use of the camera. Weber: And once they receive the order and sign for the order, they're expected to abide by the order until it... Hasley: ... Correct. Weber: ... Until some other directive is put out, is that correct? Hasley: Correct. Weber: OK. Great. Do you have anything else to add to this investigation at this time? Hasley: No, sir, just that, you know, we are a small department, a thirteen -man department. The officers do, from time to time, work without a supervisor or a sergeant. They are told that they may call any supervisor, or myself, or the chief of police, if needed, if they do not have an on -duty supervisor. Weber: OK. But in this particular case, there was an on -duty supervisor that was attempting to hold a briefing? Hasley: That's correct. Weber: Therefore, unless an order that was immoral, unethical, or illegal was given, he should've abided by it? Hasley: That's correct. Weber: And in this case he just was asked to sit in the briefing? Hasley: Correct. Weber: OK. And if there's nothing else, that's all I have. Hasley: I have nothing further. Weber: OK. The tape will now end. The time is 9:35 AM. ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ INTERVIEW CONCLUDES. Transcribed on 04-21-2021 by D. Terrizzi. Page 3 of 3 MEMORANDUM TO: Officer Felter FROM: Sergeant Paul Weber DATE: April 15tt', 2021 SUBJECT: CONDUCT INVESTIGATION — GSPD SR CASE #21-01 This will serve as written notice that an inquiry has been filed concerning an incident involving you, which has been referred to me for investigation. A copy of the Initial Notice of Inquiry was served on April 141h, 2021. It is my intention to interview you in the Delray Beach Police Department Internal Affairs Conference Room concerning this incident on: DATE: Tuesd ril 20th, 2021 01A tl� �` j � TIME: 1930 urs Yrda�s You may have legal counsel present or any other representative you wish. Only one (1) counsel or representative will be allowed. You may request postponement of up to twenty-four (24) hours. You will be asked questions specifically directed and narrowly related to the incident in question. You are entitled to the protection provided in the Police Officer's Bill of Rights (F.S.S. Chapter 112), You may choose to be interviewed upon receipt of this memorandum in which case, if possible, I will make myself available to you; otherwise, you will and shall be in the Delray Beach Police Department Internal Affairs Conference Room at the specified time unless other arrangements have been made. If you are not scheduled to be on -duty on the date and scheduled time of your interview, please inform me as soon as possible and I will reschedule the interview. Feel free to contact me at 561-243-7888 ext. 2208 should you have any questions. Attachments: • INOI • Investigation Warning Form cc: IA Case File #GSPD IA 2021-01 04/2015 Sworn Edward K. Aiten Chief of Police 246 Sea Road, Gulf Strearn, Florida 33483 Administration (551) 278-8611 INVESTIGATION WARNING I wish to advise you that you are being questioned as part of an official, internal administrative investigation of the Gulf Stream Police Department. You will be asked questions specifically directed and narrowly related to the performance of your official duties or fitness for office. I am not questioning you for the purpose of a criminal prosecution. Your statements, any information, or evidence that is gained by reason of such statements cannot be used against you in any subsequent criminal proceeding. However, these statements may be used against you in relation to this matter currently under investigation or in subsequent departmental charges. Immunity from giving a compelled administrative statement does not extend to perjury or untruthfulness and, as such, may subject you to both criminal prosecution as a felony under F.S. 837.02 (perjury in an official proceeding) and the imposition of disciplinary action by the police department. You are further reminded that during the course of this interview and investigation, you are subject to all the Gulf Stream Police Department's Rules and Regulations. 6;5R)) d2-i - 0 i IA/SR Case Number SC-1 -361k n Witness Name (Print) �itn s Sin ure OR::, I. ,4c2f_ e-Ne r- OfficeeEmployee- (Print) ..r Officer/Employee Signature Date Time 04t202 I GULF STREAM POLICE DEPARTMENT MEMORANDUM TO: Officer Marshall Felter FROM: Sergeant John Passeggiata DATE: April 14, 2021 SUBJECT: NOTICE OF ADMINISTRATIVE COMPLAINT IA2021-01 This memorandum is to inform you that the Chief of Police has directed an investigation into the allegation of possible policy violations that occurred involving: Improper Use of Body Worn Camera: SOP #17-15 2 e I ii iii Insubordination: Professional conduct and responsibilities, 2-12 At this time, you are not required to do anything. If you are interviewed concerning this matter, you will be notified by the supervisor completing the investigation with a date and time to appear. You are entitled to all the rights and privileges guaranteed by the laws and constitution of the State of Florida including: The Police Officers Bill of Rights (F.S.S. 112), and the Investigative Warning Form. You are directed to refrain from discussing this investigation with any other person except your PBA representative or attorney. If you have any questions regarding this matter, you can contact me for further clarification. I,ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE NOTICE OF INTERNAL REVIEW MEMORANDUM. Signature/Date: Witness/Date: —k'�.� 246 Sea Road, Gulf Stream, Florida 33483 Administration (561) 278-8611 I.A. 2101-01 Summary of complaint: On March 31, 2021 at approximately 1841 hours, prior to his shift starting at 1900 hours activated his department body worn camera (BWC) while in the employee locker room of the Gulf Stream police department. Officer Felter did not conduct a test of the system at the time of activation. As a result of the BWC being activated his actions were recorded as well as the actions of fellow officer's. At the start of briefing Officer Felter refused my direct order to remain in the briefing room until briefing was concluded. Officer Felter exited the briefing room to the rear parking lot. Officer Felter actions were disruptive and incorrect when he stated that he does not report to me. I report directly to Captain Haseley. I was made aware that Officer Felter's BWC was activated. Officer Felter refused my direct order to turn his BWC off. GULF STREAM POLICE DEPARTMENT BWC EVIDENCE BWC Hold request Case status update request DATE: 03/31/2021 TIME: DAYSHIFT HRS TO NIGHTSHIFT HRS-ROLL CALL OFFICER: SGT. BERNARD J. O'DONNELL GULF STREAM CASE # 03/31 /2021 COURT CASE # N/A Please provide the following information : Are there any ACTIVE investigations related to this case ? YES X NO Are you the only assigned officer to this case ? YES NO X Other officers involved in this case SGT.O'DONNELL, OFC'S FELTER, O'NEAL, SUTTON, BATISTA Are ALL CRIMINAL COURT proceedings concluded in this case ? YES NO X BWC EVIDENCE CUSTODIAN PLEASE TAKE THIS ACTION: Date 4/1/2021 _Request BWC Hold X Reason for hold OFFICER MISCONDUCT INVESTIGATION Date Dispose Case numbers Through ` Special Instructions Officer Signature SGT. $URN{ c7 OT ONN� ID# #751 Date 4/1 /2021 Return this form ASAP to Chie Allen or his designee - BWC Evidence custodian XChief of Police ✓ Designee / Supervisor Name: �7 4 . GULF STREAM POLICE DEPARTMENT INTER -OFFICE MEMORANDUM OFFICE OF THE LI WENANT JOHN J. HASELEY TO: All Personnel DATE: 5/23/19 SUBJECT: Officer Safety The following is due to the recent suspicious activity around our Police officers and facilities. Effective immediately : Until further notice, nightshift Officers will Bravo up and ride together for Officer safety. Directed patrols will be conducted by both Officers together. Once this suspicious activity is resolved and Officers return to a solo patrol, we will strictly abide by the following protocol: All calls will require a two officer response. Calls of a suspicious nature should have both officers arriving at the same time, if possible from different directions. A backup Officer will also respond on all traffic stops. Gulf Stream Police service calls such as : Tov's, resident assists and extra patrols may then be handled as a normal response. *Night shift Directed patrols will continue to be conducted by both Officers together checking a property. This will put both Officers out of the unit twice a nightshift for that service. This is for your SAFETY, communicate and think as you arrive. Be alert! Hi everyone. Just passing on some trivia about our town's police force. The person in this Photo is one of our finest apparently taking a power nap, but not for 10, 20, 30, 60 minutes. The private investigator I hired to document this worthless officer reports to me that this person.... won't even refer to him as an officer..... sleeps seven to eight hours a night out of a 12 hour shift. Some of the locations where he was spotted sleeping include -behind the police station parked next to a vacant police car facing the building directly east of the station, the driveway at 910 indigo Pt, and the dead end at 800 Canary Walk. He keeps the cars headlights on and sleeps brazenly in areas that he may be seen by residents who are at home sleeping feeling secure that our officers are protecting us while we sleep! What a joke! An even bigger joke is the fact that my investigator has caught several other of our officers sleeping on some even on the day shift wearing dark sunglasses as they parked by the pines on N. duty an Blvd. The investigator located a former officer who told him ..... here is the punch line ... the biggest joke of all........ that the all the supervisors .... including right up to the Chief ... are fully aware of what is happening and apparently condone this activity since they can't hire replacements, etc. I'm sure that you will agree with me that this is totally unacceptable and that perhaps a change is needed in leadership or police force! I'm sending this out first to the town manager and the mayor. My investigator will followup on this and if no change or correction is made the next communication will be sent to the Palm beach Post, the Sun sentinnel, the Coastal star, The sheriff's office, and the FBI to investigate our incompetent police force. Oh ..... and my associate Mr. O'Boyle stands ready to assist the residents if needed. Thank you. I will get back to you all with an update! Your neighbor, who doesn't yet want to be identified for fear of police retaliation .... as in years gone by!!!! !�Ws Page 1 of 1 1*1- Kh&, PDA PROPERTY DAMAGE APPRAISERS Condition Report Date:7/16/2018 Property Condition: Repairable Assignment Number 981-807-0080 Office: PDAWest Palm Beach, FL #981 P.O. Box 6024 Insurance Company: Lake Worth, FL 33461 FLORIDA LEAGUE OF CITIES Phone: 561-366-4888 Adjuster: Matt Stevens Fax: 561-366-4889 Vehicle/Owner Information: Insured: TOWN OF GULF STREAM Vehicle: 2017 Ford EXPLORER VIN #: 1FM5K8AR7HGD59873 Loss Recap for Repairable Damage Appraisal..$4,795.26 Percent of ACV........ 19.57% Deductible..............$0.00 Tota I.......................$4,795.26 Approximate ACV ... $24,500.00 Assignment Received: 7/13/2018 Date of Loss: 6/28/2018 Date of First Contact: 7/16/2018 Date of Inspection: 7/16/2018 Inspection Location: 246 Sea Road Gulf Springs, FL 33483 None Specified Repair Facility: Loss Recap I Estimated Amount of Open Damages: $0.00 Recommendation: Repairable Primary Damage: Claim #: VA2018091630 Estimated Salvage Value: $0.00 Secondary Damage: Policy #: Repair Facility Estimate Amount: $0.00 Damage Appraisal: $4,795.26 Agreed Scope of Damage: No Betterment/Depreciation: No Tow Charges: $0.00 Direction to Pay: Unknown Days to Repair: 6 Applicable: Appearance Allowance: No Reason: Storage Rate Per Day/ Total: N/A Drivable: Unknown Condition Summary Interior: Engine: Paint: Mileage: 15816 Tire Information: Tread Depth: (in 32nd%) LF:O RF:0 Size: LR:O RR:0 Type: Spare:0 Remarks 10pen Items The vehicle was inspected at the owners work location. The owner was present at the time of inspection. Damage to right side doors. Door damages into intrusion beam. Lower Special Equipment: Approx Cost of Special Equipment: $0.00 Copyright 2013 by Property Damage Appraisers Incorporated. This program, including style and format, is protected by Copyright and all rights are reserved. The use of this program is strictly prohibited without the written consent and permission of Property Damage Appraisers, Inc. Date: Estimate ID: Estimate Version: Committed Profile ID: Quote ID: 7/16/2018 01:38 PM 9818070080 0 * PDA FL WEST PALM 33886717 ROPERTY DAMAGE APPRAISERS (PDA WEST PALM BEACH) PO BOX 6024, Lake Worth, FL 33466 (561) 366-4888 Fax: (866)764-1141 Email: pdawestpalmbeach@pdaorg.net *Not An Authorization For repair* Read disclaimers following appraisal calculations. Damage Assessed By: LOUIS CRISTOFORO Classification: Condition Code: Good Date of Loss: 6/28/2018 Contact Date: 7/15/2018 Deductible: 0.00 File Number: 9818070080 Claim Number: VA2018091630 Insured: TOWN OF GULF STREAM Owner: TOWN OF GULF STREAM Address: 246 SEA RD, GULF SPRINGS, FL 33483 Telephone: Work Phone: (561)278-8611 Appraised For: Matt Stevens Type of Loss: Collision Mitchell Service: 911800 Description: 2017 Ford Explorer Police Intercepto Vehicle Production Date: 7/17 Body Style: 4D Ut Drive Train: 3.71- Inj 6 Cyl AWD VIN: 1FM5K8AR7HGD59873 License: 210617 FL Mileage: 15,816 OEM/ALT: A Parts Profile: Florida Parts Profile Version: 2 Color: white Options: 4WD OR AWD Line Entry Labor Line Item Item Number Type Operation Description 1 100725 BDY REMOVE/INSTALL Frt Bumper Cover 2 drop 3 101503 BDY REMOVE/INSTALL R Front Combination Lamp 4 100069 REF BLEND R Fender Outside 5 100090 BDY REMOVE/REPLACE R Fender Wheel Opening Mldg 6 scuffs 7 101039 BDY REMOVE/REPLACE R Frt Door Shell 8 AUTO REF REFINISH R Frt Door Outside 9 AUTO REF REFINISH R Frt Add For Jambs & Interior 10 AUTO MCH REMOVE/REPLACE R Frt Add To R&I/R&R Side Air Bag Sensor it Ikq 8773912727 12 Line Markup %25.00 13 100224 BDY REMOVE/REPLACE R Frt Door Moulding 14 100215 BDY REMOVE/INSTALL R Frt Door Trim Panel 15 101547 BDY REMOVE/REPLACE R Rear Door Shell 16 AUTO REF REFINISH R Rear Door Outside 17 AUTO REF REFINISH R Rear Add For Jambs & Interior 18 Line Markup %25.00 19 101563 BDY REMOVE/REPLACE R Rear Door Moulding 20 101583 BDY REMOVE/INSTALL R Rear Door Trim Panel 21 100529 BDY REMOVE/INSTALL R Rear Roof Moulding 22 101111 REF BLEND R Quarter Panel Outside ESTIMATE RECALL NUMBER: 07/16/2018 13:38:17 9818070080 Mitchell Data Version: OEM: JUN_18_V0703 Alternate Parts: 07/16/2018 13:05:02 Copyright (C) 1994 - 2018 Mitchell International Software Version: 7.1.228 All Rights Reserved Part Type/ Part Number FB5Z 16038 AB Qual Recycled Part FB5Z 7820878 AB Qual Recycled Part FB5Z 7825556 AA Dollar Labor Amount Units 0.9* 0.3 # C 0.8 73.68 0.4 # 950.00 * 5.3 # C 2.3 C 1.0 0.4 237.50 200.15 INC INC 925.00 * 5.3 r C 1.8 C 1.0 231.25 178.28 INC INC 0.2 C 0.9 Page 1 of 4 Date: 7/16/2018 01:38 PM Estimate ID: 9818070080 Estimate Version: 0 Committed Profile ID: * PDA FL WEST PALM Quote ID: 33886717 23 101093 BDY REMOVE/REPLACE R Quarter Wheel Opening Mldg ** QUAL REPL PART 89.00 0.3 24 100628 BDY REMOVE/INSTALL R Rear Combination Lamp 0.3 # 25 AUTO BDY REMOVE/INSTALL R Lwr Quarter Trim Panel 0.6 # 26 100665 BDY REMOVE/INSTALL Rear Bumper Cover 0.8*# 27 AUTO BDY REMOVE/INSTALL R Quarter Wheel Opening Mldg INC 28 drop down 29 936012 ADD'L COST Hazardous Waste Disposal 3.00 30 900500 BDY* REPAIR Car Cover ** QUAL REPL PART 5.00 * 0.3* 31 900500 BDY* REMOVE/REPLACE Misc. Fasteners ** QUAL REPL PART 20.00 * 0.0* 32 900500 BDY* REMOVE/REPLACE SEAM SEALER 2@15.00 ** QUAL REPL PART 30.00 * 0.6* 33 seam seal doors 34 936016 ADD'L COST Weld Thru Primer 8.00 35 AUTO REF ADD'L OPR Clear Coat 2.3 36 933005 BDY ADD'L OPR Restore Corrosion Protection 10.00 * 0.3* 37 933018 BDY* ADDT OPR Mask For Overspray 0.5* 38 900500 BDY* REMOVE/REPLACE Decals ** QUAL REPL PART 209.00 * 1.0* 39 900500 BDY* REMOVE/INSTALL Decals for paint Existing 1.0* r 40 933026 BDY ADDT OPR LKQ Part Cleanup 2.0* 41 detrim Ikq doors 42 AUTO ADD'L COST Paint/Materials 262.60 * - Judgment Item # - Labor Note Applies ** QUAL REPL PART - Quality Replacement Parts C - Included in Clear Coat Calc r - CEG R&R Time Used For This Labor Operation GO -PARTS 1004 COBB PKWY. N. #E MA RI ETTA GA (844)321-7278 23 ** F01791114 89.00 ESTIMATE RECALL NUMBER: 07/16/2018 13:38:17 9818070080 Mitchell Data Version: OEM: JUN_18_V0703 Alternate Parts: 07/16/2018 13:05:02 Copyright (C) 1994 - 2018 Mitchell International Page 2 of 4 Software Version: 7.1.228 All Rights Reserved Date: 7/16/2018 01:38 PM Estimate ID: 9818070080 Estimate Version: 0 Committed Profile ID: * PDA FL WEST PALM Quote ID: 33886717 Recycler Information Section AutoWorld Used Auto Parts 3380 N.W. 127th St. Opa-Locka FL 33054 305-685-6033;305-685-0416 15 2017 Ford EXPLORER RIGHT REAR SIDE DOOR VA 925.00 Part Number: 4161 Description:RH,BLUE EXT,PWR WND,PRIVACY GLASS,PWR LO, 1 Disclaimer: Recycled part pricing may represent either actual pricing (the price at which the recycler is willing to sell the part for in its existing condition) or undamaged pricing (the price at which the recycler would sell the part if it was in undamaged condition). If you are unsure, please contact the automotive recycler. Estimate Totals Add'I Labor Sublet I. Labor Subtotals Units Rate Amount Amount Totals II. Part Replacement Summary Amount Body 20.1 44.00 10.00 0.00 894.40 T Taxable Parts 2,680.11 Refinish 10.1 44.00 0.00 0.00 444.40 T Parts Adjustments 468.75 Mechanical 0.4 85.00 0.00 0.00 34.00 T Total Replacement Parts Amount 3,148.86 Taxable Labor 1,372.80 Labor Summary 30.6 1,372.80 III. Additional Costs Amount IV. Adjustments Amount Taxable Costs 273.60 Insurance Deductible 0.00 Total Additional Costs 273.60 Customer Responsibility 0.00 Paint Material Method: Rates Init Rate = 26.00 , Init Max Hours = 99.9, Addl Rate = 0.00 I. Total Labor: 1,372.80 II. Total Replacement Parts: 3,148.86 III. Total Additional Costs: 273.60 Gross Total: 4,795.26 IV. Total Adjustments: 0.00 Net Total: 4,795.26 THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS, RATHER THAN THE MANUFACTURER OF YOUR VEHICLE. ESTIMATE RECALL NUMBER: 07/16/2018 13:38:17 9818070080 Mitchell Data Version: OEM: JUN_18_V0703 Alternate Parts: 07/16/2018 13:05:02 Copyright (C) 1994 - 2018 Mitchell International Page 3 of 4 Software Version: 7.1.228 All Rights Reserved Date: Estimate ID: Estimate Version: Committed Profile ID: Quote ID: Insurance Co: FLORIDA LEAGUE OF CITIES Address: 125 E COLONIAL DR ORLANDO,FL 32853 Work Phone: (800)756-3042 Inspection Site: Work Address: 246 Sea Road Gulf Springs, FL 33483 Inspection Date: 7/16/2018 7/16/2018 01:38 PM 9818070080 0 * PDA FL WEST PALM 33886717 This is not an authorization for repair. All costs of repairs are the sole responsibility of the vehicle owner, who must authorize all repairs. Failure to deliver a copy of this appraisal to the repair shop by the vehicle owner may result in out of pocket expense to the vehicle owner. Providing a copy of this appraisal is not an acceptance of coverage or liability and all issues of coverage or liability are to be determined by the insurance carrier. Deductibles may or may not be addressed or included in this appraisal. If applicable, the repairer should collect the deductible from the vehicle owner prior to the release of the repaired vehicle. ********************Supplement Procedure Notice********************* it is the repairer's responsibility to send notification of the supplement via fax or email to PDA, including a statement whether the repairs have been halted on the vehicle. PDA will respond to your request within 24 hours. Please allow 48 hours to complete supplement processing from the date of request to ensure timely release of the vehicle. This appraisal is subject to the complete review and approval by the assigning insurance company to assure accuracy, cost effectiveness, and that accepted industry repair standards are met. The insurance company listed has the right to accept or reject any part or all of this appraisal or make any changes they feel necessary. Failure to use the insurance proceeds in accordance with the security agreement, if any, could be a violation of § 812.014, Florida Statutes. If you have any questions, contact your lending institution. This paragraph shall not apply to reinsurance contracts, reinsurance agreements, or reinsurance claims transactions. ESTIMATE RECALL NUMBER: 07/16/2018 13:38:17 9818070080 Mitchell Data Version: OEM: JUN_18_V0703 Alternate Parts: 07/16/2018 13:05:02 Copyright (C) 1994 - 2018 Mitchell International Page 4 of 4 Software Version: 7.1.228 All Rights Reserved Review Results: Passed Owner: TOWN OF GULF STREAM, Claim #VA2018091630 Page 1 of 1 Vehicle: 2017 Ford, Explorer Profile: 1 PDA Standard Version: 31 Estimate lines Line Severity Description Estimate lines Passed Profile (rates, taxes, amounts) Line Severity Description Profile items Passed Administrative Information Line Severity Description Admin items Passed Compliance Utility Version 4.3.0.12 Actual Guideline Override Notes Actual Guideline Override Notes Actual Guideline Override Notes Claim Number: VA2018091630 PDA Assignment Number: 981-807-0080-0 • L� 210617 MREAM� POLICE/ Document Name: LICENSE.jpg Remarks: Document Name: RIGHTREAR.jpg Remarks: Page 1 of 9 Claim Number: VA2018091630 PDA Assignment Number: 981-807-0080-0 Document Name: LEFTREAR.jpg Remarks: Document Name: LEFTFRONT.jpg Remarks: Page 2 of 9 Claim Number: VA2018091630 PDA Assignment Number: 981-807-0080-0 Document Name: RIGHTFRONT.jpg Remarks: Document Name: RIGHTFRONT1.jpg Remarks: Page 3 of 9 Claim Number: VA2018091630 PDA Assignment Number: 981-807-0080-0 T, A VVI Document Name: RIGHTFRONT2.1109 Remarks: 7"60M 1:1 P 104 AN Document Name: RIGHTREARl.jpg Remarks: Page 4 of 9 Claim Number: VA2018091630 PDA Assignment Number: 981-807-0080-0 Document Name: RIGHTREAR2.jpg Remarks: Document Name: RIGHTFRONT3.jpg Remarks: Page 5 of 9 Claim Number: VA2018091630 PDA Assignment Number: 981-807-0080-0 7114mi t 0 0 At E-j Document Name: RIGHTREAR3.jpg Remarks: Document Name: RIGHTFRONT4.jpg Remarks: Page 6 of 9 Claim Number: VA2018091630 PDA Assignment Number: 981-807-0080-0 Document Name: RIGHTREAR4.jpg Remarks: Document Name: VIN Dash.jpg Remarks: Page 7 of 9 Claim Number: VA2018091630 PDA Assignment Number: 981-807-0080-0 Document Name: INTERIOR.jpg Remarks: Tr1YS1ti S.1#42 AY fill 40. IV T�D MOTOR (0. M UM i+Uu1 LURVA <1M b5 �41CA ftm W-1 it Ila � it ti►v y ft � leg �!S cy! JA %to pu no Document Name: VIN Door.jpg Remarks: Page 8 of 9 Claim Number: VA2018091630 PDA Assignment Number: 981-807-0080-0 Document Name: ODOMETER.jpg Remarks: Page 9 of 9 GRAPHIC DESIGNS INTERNATIONAL Providing Duality Public Safety Decals Since 1994. LT. JOHN HASELEY 246 Sea Road Gulf Stream, FL 33483 jhaseley@galf-stream.org PROPOSAL TOWN OF GULF STREAM ii QTY. DESCRIPTION PRICE 2016 FORD UTILITY 7ST DRIVER SIDE FRONT FENDER REPAIR $45.00 INSTALLATION $45.00 ZU°G0 PLEASE LET ME KNOW IF AND WHEN TO PROCEED. THANK YOU. 1 tzrn i e¢ szl 1 ¢ram AUTHORIZED SIGNATURE Jenice Sellers Thank you for your inquiry. We appreciate your consideration August 2.2018 TODAY'S DATE PLEASE FAX PURCHASE ORDER TO JENICE SELLERS @ 772-286-8198 OR EMAIL TO JENICE@GDIGRAPHICS.COM 3161 SE Slater St Stuart, FL 34997 ❑ ❑ ❑3 I I 4a T CJ y m n 9 i o 3= x b m 3 m m m N ❑� am m ❑ c� 3 cm v Elm o Z v O 9 I m mo m D r 1 a ❑ El o O c� m m m c v p _ = m o m m m m � (» a g o x ng m r U7 O (A O m O m P � n - m c E• n Ei m 0 9 m D D o 3.c m a Comm m �- a, d 3 v -� ti C7no O O D C> --I n O r y D 3 m o m _ r A n y a Z m D a m m � Illfl 0 m m� I_ a � m p��0 m � O cmp cz, z �mz oc nz o � o --i M C7 4 O m z m �� _ zo O D T m��mCC m-10cn �� DZzz�n 0 c7 m mph m� Z p=z C� T O m Dmm �m �I- m r - cn TCD� v m m -Fri za°Mcn -G D�- :I:- r cn �— r pr M m O r r m � r p m c, m �n m Oz z pro mom 0 O = =o gmm O � OO D va m vs m�sa��H ago m o a g o S m g m o h o •2 m o m m c= i mm=�o� and m o T gm m< o m m m gP i nfr \ a m x T y❑ + < o C. m z 0 3 0 m s y m c m O S s y❑z o o Dza m R1 0 p o m ^J f O = ti o N Z m D C 7nC Z Z Z`. s N Cl)� O m m m o O O D 1 m A 2 y 9p 7C = TZ qp1 T _O r Z C. VV77 m m m _ A i � R n y C" Hi All, We are in receipt of the following claim loss notice. Member Town of Gulf Stream Date and Time of Loss 06/28/2018 06:02 AM Claim Number VA2018091630 Claimant Currently Unknown Event Description IV 1 struck IV 2 passenger's side front and rear door in a parking lot. This claim has been assigned to: Matt Stevens Florida League of Cities, Inc. P.O.Box 538135 Orlando, FL 32853-8135 You may contact the above adjuster at(800) 445-6248 Ext:1824.Please reference the claim number in all communication(s). Sincerely, Florida League of Cities Property & Liability Department J cbd4c-4 1/koch L"�C"f-4 uq 716'14 N John Haseley From: John Haseley Sent: Tuesday, July 10, 2018 11:54 AM To: 'Vasia Collier' Cc: EALLEN@GULF-STREAM.ORG Subject: RE: Town of Gulf Stream Mrs. Collier Per our phone conversation, here is the information requested : Date of crash - 06/28/2018 Time - 0602 Hours. Unit 759 - vin# 1FM5KA8AR7HGD59873 278-8611 Unit 758 - vin# 1FM5KA8AR5HGD59872 278-8611 Driven by Ofc. Brad Fidler Driven by Ofc. Marshall Felter Gulf Stream Police Officer 561- Gulf Stream Police Officer 561- Description of crash: Unit 759 was stopped / occupied in a parking lot of 2401 North Ocean Blvd. Unit 758 pulled up next to unit 759 and stopped / occupied on the passenger side. Unit 759 pulled away, not knowing unit 758 was next to him, therefore striking unit 758 in the passenger's side front and rear door. Unit 759 POI was the driver's side front corner. No injuries, no other vehicles involved. No DHSMV crash report was completed. A police incident report was completed if needed. If you need further information please feel free to contact me, Thank you, Lt. J. Haseley 561-278-8611 From: Vasia Collier [mailto:vgaillard@flcities.com] Sent: Tuesday, July 10, 2018 10:47 AM To: John Haseley <jhaseley@gulf-stream.org> Subject: RE: Town of Gulf Stream Good morning, Do you have any information on the accident? We would need a Date of Loss, Where it happened, What happened, and who was involved. If you have any documentation that would be perfect and we can get this claim set up. Thank you VaS1.2 COMCF Claims Service Representative 1 Florida League of Cities, Inc. (407) 367-1832 Direct (407) 425-9378 Phone 0 CITI SnWORK www.letcitieswork.com From: John Haseley [mailto:ihaselev@gulf-stream.org] Sent: Tuesday, July 10, 2018 9:57 AM To: New Loss <NewLoss @flcities.com> Subject: Town of Gulf Stream Good morning, the Town of Gulf Stream has a new claim they would like to discuss reference two damaged Police patrol suv's. Our policy # is 0228. Please contact me so we can discuss the procedure and our policy reference the claim. Thank you, ,rieuftnant Jqo" dV Gulf Stream Police 246 Sea Road, Gulf Stream FI 33483 P.D. 561-278-8611 Dispatch 561-243-7800 Fax 561-276-2528 Confidentiality Notice : This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law e-mail addresses are public record. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead contact this office by phone or in writing. W" . I*• f-I GULF STREAM POLICE DEPARTMENT VEHICLE DAMAGE REPORT OFFICER: ,s��-�� a� i FrtL= c\-Z— DATE: VEHICLE: _ '7 Sk TIME: 0 &o?- ACCIDENT REPORT: NO -_ YES CASE # `e - /3 71 HOW DID DAMAGE OCCUR? �- utj,� -Is-(, ova LOCATION AND DESCRIPTION OF DAMAGE: ALSO MARK VEHICLE DIAGRAM. DIAGRAM: PASSENGERS SIDE y 'DRIVERS SIDE SIGNATURE : SUPERVISOR: )[171,, (Ij TFUL Gulf Stream Police Department 246 Sea Road Gulf Stream, FL 33483 Phone: (561) 278-8611 Fax: (561) 276-2528 Page I of 2 Complaint Number: 18-1371 NON CRIMINAL OFFENSE REPORT Incident Type: TRAFFIC COMPLAINT Location of Incident: 2401 N. OCEAN BLVD. Zone: 4 GULF STREAM FL 33483 Type of Premises: PARKING LOT/GARAGE Processed By: OFC B FIDLER Time of Call: 0602 Time of Arrival: 0602 Other Units Notified: CHIEF. E. ALLEN Time Completed: 0645 Officer Injured: NO Officer Killed/Assaulted: NO Date/Time Reported: 06/28/2018 06:02 Occurred From: Domestic: NO Juvenile Involved: NO Reporting Officer: OFC. BRAD FIDLER OTHER Name: MARSHALL FELTER Occupation: OFFICER/EMPLOYEE Employed: YES Business Address: 246 SEA RD GULF STREAM FL 33483 Business Name: TOWN OF GULF STREAM REPORTED BY Name: BRAD FIDLER Occupation: OFFICER/EMPLOYEE Employed: YES Business Address: 246 SEA RD Business Phone: (561) 278-8611 GULF STREAM FL 33483 Business Name: TOWN OF GULF STREAM VEHICLE Code: DAMAGED Owner's Name: TOWN OF GULF STREAM Vehicle Make: FORD Vehicle Model: EXP UNIT 758 Vehicle Year:2017 Vehicle Type: SUV Vehicle VIN: 1FM5K8AR5HGD59872 Vehicle Color: WHITE/TEAL Vehicle License #: 210618 License State: FL License Year: 2018 Vehicle Insured: YES Vehicle Towed: NO Insurance Company: FL LEAGUE OF CITIES Entered NCIC: NO VEHICLE Code: DAMAGED Owner's Name: TOWN OF GULF STREAM Vehicle Make: FORD Vehicle Model: EXP UNIT 759 Vehicle Year:2017 Vehicle Type: SUV Vehicle VIN: 1FM5K8AR7HGD59873 Page L of L Vehicle Color: WHITE/WHITE License Year: 2018 Vehicle Towed: NO Entered NCIC: NO Vehicle License #: 210617 uomplamt Number: 18-1 S / 1 License State: FL Vehicle Insured: YES Insurance Company: FL LEAGUE OF CITIES INCIDENT SUMMARY ON THURSDAY JUNE 28, 2018 AT 0602 HRS, I WAS IN MY MARKED PATROL, VEHICLE 759, STOPPED IN THE NORTH PARKING LOT AT 2401 N OCEAN BLVD. I WAS NOT AWARE THAT OFC. FELTER WAS NEXT TO MY VEHICLE ON THE PASSENGER SIDE. I PULLED AWAY AND STRUCK VEHICLE 758. VEHICLE 759 SUFFERED DAMAGE ON THE RIGHT PASSENGER SIDE WITH DAMAGE TO BOTH DOORS. VEHICLE 758 HAD DAMAGE TO THE LEFT FRONT CORNER. BOTH VEHICLES WERE ABLE TO BE DRIVEN. CHIEF ALLEN WAS NOTIFIED. END OF REPORT. Page 1 of 1 PEA PROPERTY ORNAGE APPRAISERS Condition Report Date: 7/16/2018 Property Condition: Repairable Assignment Number 981-807-0081 Office: PDAWest Palm Beach, FL #981 P.O. Box 6024 Insurance Company: Lake Worth, FL 33461 FLORIDA LEAGUE OF CITIES Phone: 561-366-4888 Adjuster: Matt Stevens Fax: 561-366-4889 Vehicle/Owner Information: Insured: TOWN OF GULF STREAM Vehicle: 2017 Ford EXPLORER VIN #: 1FM5K8AR5HGD59872 Loss Recap Loss Recap for Repairable Damage Appraisal..$2,943.87 Percent of ACV........ 12.02% Deductible..............$0.00 Tota I ....................... $ 2, 943.87 Approximate ACV ... $24,500.00 Assignment Received: 7/13/2018 Date of Loss: 6/28/2018 Date of First Contact: 7/15/2018 Date of Inspection: 7/16/2018 Inspection Location: 246 Sea Rd Gulf Springs, FL 33483 None Specified Repair Facility: Estimated Amount of Open Damages: $0.00 Recommendation: Repairable Primary Damage: Claim #: VA2018091630 Estimated Salvage Value: $0.00 Secondary Damage: Policy #: Repair Facility Estimate Amount: $0.00 Damage Appraisal: $2,943.87 Agreed Scope of Damage: No Betterment/Depreciation: No Tow Charges: $0.00 Direction to Pay: Unknown Days to Repair: 4 Applicable: Appearance Allowance: No Reason: Storage Rate Per Day /Total: N/A Drivable: Unknown Condition Summary Interior: Engine: Paint: Mileage: 16013 Tire Information: Tread Depth: (In 3znd's) LF:O RF:0 Size: LR:O RR:0 Type: Spare:0 Remarks The vehicle was inspected at the owners work location. The owner was present at the time of inspection. Left front damage to bumper fender and headlamp. Headlamp scuffed Open Items Special Equipment: Approx Cost of Special Equipment: $0.00 Copyright 2013 by Property Damage Appraisers Incorporated. This program, including style and format, is protected by Copyright and all rights are reserved. The use of this program is strictly prohibited without the written consent and permission of Property Damage Appraisers, Inc. Date: Estimate ID: Estimate Version: Committed Profile ID: Quote ID: 7/16/2018 01:20 PM 9818070081 0 * PDA FL WEST PALM 33884940 ROPERTY DAMAGE APPRAISERS (PDA WEST PALM BEACH) PO BOX 6024, Lake Worth, FL 33466 (561)366-4888 Fax: (866)764-1141 Email: pdawestpalmbeach@pdaorg.net *Not An Authorization For repair* Read disclaimers following appraisal calculations. Damage Assessed By: LOUIS CRISTOFORO Classification: Condition Code: Good Date of Loss: 6/28/2018 Contact Date: 7/15/2018 Deductible: 0.00 File Number: 9818070081 Claim Number: VA2018091630 Insured: TOWN OF GULF STREAM Owner: TOWN OF GULF STREAM Address: 246 SEA RD, GULF SPRINGS, FL 33483 Telephone: Work Phone: (561) 278-8611 Appraised For: Matt Stevens Type of Loss: Collision Mitchell Service: 911800 Description: 2017 Ford Explorer Police Intercepto Vehicle Production Date: 7/17 Body Style: 4D Ut Drive Train: 3.7L Inj 6 Cyl AWD VIN: 1FM5K8AR5HGD59872 License: 210618 FL Mileage: 16,013 OEM/ALT: A Parts Profile: Florida Parts Profile Version: 2 Color: white Options: 4WD OR AWD Line Entry Labor Line Item Item Number Type Operation Description 1 100726 BDY OVERHAUL Frt Bumper Cover Assy 2 100731 BDY REPAIR Frt Bumper Cover 3 AUTO REF REFINISH Frt Bumper Cover 4 100736 BDY REMOVE/REPLACE L Frt Bumper Reinforcement 5 AUTO BDY REMOVE/INSTALL Frt Bumper Cover 6 100710 BDY REMOVE/REPLACE Frt Bumper Valance Panel 7 101501 BDY REMOVE/INSTALL Grille Assy 8 100745 BDY REMOVE/INSTALL Upr Grille Reinforcement 9 100730 BDY REMOVE/REPLACE L Frt Combination Lamp 10 AUTO BDY CHECK/ADJUST Headlamps it plastic scuffed lower edge through plastic 12 Ikq 8773912727 13 Line Markup %25.00 14 100172 BDY REMOVE/REPLACE L Frt Combination Lamp Support 15 AUTO BDY REMOVE/INSTALL L Front Combination Lamp 16 100078 BDY REMOVE/REPLACE L Fender Panel 17 AUTO REF REFINISH L Fender Outside 18 AUTO REF REFINISH L Add To Edge Fender 19 100080 BDY REMOVE/REPLACE L Fender Front Bracket 20 AUTO REF REFINISH L Fender Reinf 21 100082 BDY REMOVE/REPLACE L Upr Fender Bracket 22 AUTO BDY REMOVE/INSTALL L Fender Assy ESTIMATE RECALL NUMBER: 07/16/2018 13:20:08 9818070081 Mitchell Data Version: OEM: JUN_18_VO703 Alternate Parts: 07/16/2018 13:05:02 Copyright (C) 1994 - 2018 Mitchell International Software Version: 7.1.228 All Rights Reserved Part Type/ Part Number Existing ** QUAL REPL PART ** QUAL REPL PART Existing Qual Recycled Part Dollar Labor Amount Units 3.8 # 4.5*# C 2.8 12.00 INC # INC 170.00 INC # INC # INC 4r 425.00 * 1.1 #fir 0.4 106.25 ** QUAL REPL PART 27.00 INC # INC # ** QUAL REPL PART 238.00 2.4 # C 2.0 C 0.5 ** QUAL REPL PART 39.00 INC # C 0.5 FB5Z 16CO79 A 51.78 0.2 # INC # Page 1 of 4 23 100084 BDY 24 100086 BDY 25 100049 BDY 26 100096 BDY 27 101040 BDY 28 REF 29 30 100181 BDY 31 100183 BDY 32 100185 BDY 33 100216 BDY 34 100231 BDY 35 936012 36 900500 BDY* 37 936016 38 933036 BDY* 39 900500 BDY* 40 AUTO REF 41 933005 BDY 42 933018 BDY* 43 900500 BDY* 44 900500 BDY* 45 AUTO REMOVE/INSTALL REMOVE/REPLACE REMOVE/INSTALL REMOVE/REPLACE REPAIR REFINISH/REPAIR REMOVE/INSTALL REMOVE/INSTALL REMOVE/INSTALL REMOVE/INSTALL REMOVE/INSTALL ADD'L COST REPAIR ADD'L COST ADD'L OPR REMOVE/REPLACE ADD'L OPR ADD'L OPR ADDT OPR REMOVE/REPLACE REMOVE/INSTALL ADD'L COST L Fender Filler Panel L Fender Rear Bracket L Fender Liner L Fender Wheel Opening Mldg L Frt Door Shell L Frt Door Shell MODIFIED REFINISH WITH FULL CLEAR COAT L Frt Otr Door Belt Moulding L Frt Rear View Mirror L Frt Door Moulding L Frt Door Trim Panel L Frt Otr Door Handle Hazardous Waste Disposal Car Cover Weld Thru Primer Sheetmetal Pull Misc. Fasteners Clear Coat Restore Corrosion Protection Mask For Overspray Decals Decals for paint Paint/Materials * - Judgment Item # - Labor Note Applies ** QUAL REPL PART - Quality Replacement Parts C - Included in Clear Coat Calc r - CEG R&R Time Used For This Labor Operation KEYSTONE -INS QUALITY PRT 9862-9876 CURRIE DVS DR. TAMPA FL 34641 (800)282-0181 (727)531-3577 14 ** F02508107 27.00 16 ** F01240301 238.00 19 ** F01244107 39.00 I. Labor Subtotals Body Refinish Labor Summary KEYSTONE -INS QUALITY PRT 5235 KOOIMAN RD. THEODORE AL 36619 (251)653-1942 (800)421-5709 4 ** F01042146 12.00 6 ** F01095261C 170.00 Estimate Totals Add'I Labor Sublet Units Rate Amount Amount Totals 19.9 44.00 10.00 0.00 885.60 T 9.7 44.00 0.00 0.00 426.80 T Taxable Labor 1,312.40 29.6 1,312.40 Date: 7/16/2018 01:20 PM Estimate ID: 9818070081 Estimate Version: 0 Committed Profile ID: * PDA FL WEST PALM Quote ID: 33884940 Existing INC r BB5Z 16KO39 A 47.12 0.2 # Existing INC r FB5Z 16039 AB 98.12 INC # Existing 1.5*# C 1.8* 0.3 0.3 0.4 0.4 0.3 3.00 ** QUAL REPL PART 5.00 * 0.3* 8.00 1.0* ** QUAL REPL PART 20.00 * 0.0* 2.1 10.00 * 0.3* 0.5* ** QUAL REPL PART 129.00 * 1.0* Existing 1.0* r 252.20 II. Part Replacement Summary Taxable Parts Parts Adjustments Total Replacement Parts Amount 106.25 1,368.27 ESTIMATE RECALL NUMBER: 07/16/2018 13:20:08 9818070081 Mitchell Data Version: OEM: JUN_18_V0703 Alternate Parts: 07/16/2018 13:05:02 Copyright (C) 1994 - 2018 Mitchell International Page 2 of 4 Software Version: 7.1.228 All Rights Reserved Date: Estimate ID: Estimate Version: Committed Profile ID: Quote ID: 7/16/2018 01:20 PM 9818070081 0 * PDA FL WEST PALM 33884940 III. Additional Costs Amount IV. Adjustments Amount Taxable Costs 263.20 Insurance Deductible 0.00 Total Additional Costs 263.20 Customer Responsibility 0.00 Paint Material Method: Rates Init Rate = 26.00 , Init Max Hours = 99.9, Addl Rate = 0.00 I. Total Labor: 1,312.40 II. Total Replacement Parts: 1,368.27 III. Total Additional Costs: 263.20 Gross Total: 2,943.87 IV. Total Adjustments: 0.00 Net Total: 2,943.87 THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARRET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS, RATHER THAN THE MANUFACTURER OF YOUR VEHICLE. Point(s) of Impact 11 Left Front Corner(P) Insurance Cc: FLORIDA LEAGUE OF CITIES Address: 125 E COLONIAL DR ORLANDO, FL 32853 Work Phone: (800)756-3042 Inspection Site: Work Address: 246 Sea Rd Gulf Springs, FL 33483 Inspection Date: 7/16/2018 This is not an authorization for repair. All costs of repairs are the sole responsibility of the vehicle owner, who must authorize all repairs. Failure to deliver a copy of this appraisal to the repair shop by the vehicle owner may result in out of pocket expense to the vehicle owner. Providing a copy of this appraisal is not an acceptance of coverage or liability and all issues of coverage or liability are to be determined by the insurance carrier. Deductibles may or may not be addressed or included in this appraisal. If applicable, the repairer should collect the deductible from the vehicle owner prior to the release of the repaired vehicle. ********************Supplement Procedure Notice********************* It is the repairer's responsibility to send notification of the supplement via fax or email to PDA, including a statement whether the repairs have been halted on the vehicle. PDA will respond to your request within 24 hours. Please allow 48 hours to complete supplement processing from the date of request to ensure timely release of the vehicle. This appraisal is subject to the complete review and approval by the ESTIMATE RECALL NUMBER: 07/16/2018 13:20:08 9818070081 Mitchell Data Version: OEM: JUN_18_V0703 Alternate Parts: 07/16/2018 13:05:02 Copyright (C) 1994 - 2018 Mitchell International Page 3 of 4 Software Version: 7.1.228 All Rights Reserved Date: Estimate ID: Estimate Version: Committed Profile ID: Quote ID: assigning insurance company to assure accuracy, cost effectiveness, and that accepted industry repair standards are met. The insurance company listed has the right to accept or reject any part or all of this appraisal or make any changes they feel necessary. 7/16/2018 01:20 PM 9818070081 0 * PDA FL WEST PALM 33884940 Failure to use the insurance proceeds in accordance with the security agreement, if any, could be a violation of § 812.014, Florida Statutes. If you have any questions, contact your lending institution. This paragraph shall not apply to reinsurance contracts, reinsurance agreements, or reinsurance claims transactions. ESTIMATE RECALL NUMBER: 07/16/2018 13:20:08 9818070081 Mitchell Data Version: OEM: JUN_18_V0703 Alternate Parts: 07/16/2018 13:05:02 Copyright (C) 1994 - 2018 Mitchell International Software Version: 7.1.228 All Rights Reserved Page 4 of 4 Review Results: Failures (0), Warnings (3) Owner: TOWN OF GULF STREAM, Claim #VA2018091630 Page 1 of 1 Vehicle: 2017 Ford, Explorer Profile: 1 PDA Standard Version: 31 Estimate lines Line Severity Description Actual Guideline Override Notes 6 Warning Frt Bumper Valance Panel - 21y - consider RM LK no AM AM LK RM Yes Yes n 16 Warning L Fender Panel - 14y - consider LK no AM AM LK Yes Yes na 4 Warning L Frt Bumper Reinforcement - 19y - consider RM LK no AM AM LK RM Yes Yes na Profile (rates, taxes, amounts) Line Severity Description Actual Guideline Override Notes Profile items Passed Administrative Information Line Severity Description Actual Guideline Override Notes Admin items Passed Compliance Utility Version 4.3.0.12 Claim Number: VA2018091630 PDA Assignment Number: 981-807-0081-0 711�12�1� �:1 ti Document Name: VIN Dash.jpg Remarks: M V014 a:4rd AN Wo. SY FORD M0101 (0 9i9�c4arti 4wwg�yW)ri:6wLLl U�' 417fe'S� � IIXa YI Y r a rs. 46 t. owawd M how a ft a��t►�� urri rrrrrrrrar;i Document Name: VIN Door.jpg Remarks: Page 1 of 8 Claim Number: VA2018091630 PDA Assignment Number: 981-807-0081-0 Document Name: INTERIOR.jpg Remarks: Document Name: ODOMETER.jpg Remarks: Page 2 of 8 Claim Number: VA2018091630 PDA Assignment Number: 981-807-0081-0 219610 StREAM pock Document Name: LICENSE.jpg Remarks: Document Name: LEFTREAR.jpg Remarks: Page 3 of 8 Claim Number: VA2018091630 PDA Assignment Number: 981-807-0081-0 Document Name: RIGHTREAR.jpg Remarks: Document Name: RIGHTFRONT.jpg Remarks: Page 4 of 8 Claim Number: VA2018091630 PDA Assignment Number: 981-807-0081-0 Document Name: LEFTFRONT.jpg Remarks: 7Mwam S # e: O As Document Name: LEFTFRONT1.jpg Remarks: Page 5 of 8 Claim Number: VA2018091630 PDA Assignment Number: 981-807-0081-0 Document Name: LEFTFRONT2.jpg Remarks: Document Name: LEFTFRONT3.jpg Remarks: Page 6 of 8 r Claim Number: VA2018091630 PDA Assignment Number: 981-807-0081-0 Document Name: LEFTFRONT4.jpg Remarks: -IMA" t�-,V An Document Name: LEFTFRONT5.jpg Remarks: Page 7 of 8 Claim Number: VA2018091630 PDA Assignment Number: 981-807-0081-0 Document Name: LEFTFRONT6.jpg Remarks: Page 8 of 8 CEDGRAPHIC DESIGNS INTERNATIONAL Providing Quality Public Safety Decals Since 1994. LT. JOHN HASELEY 246 Sea Road Gulf Stream, FL 33483 jhaseley@gulf-stream.org PROPOSAL TOWN OF GULF STREAM 11 QTY. DESCRIPTION PRICE 2016 FORD UTILITY #759 PASSENGER SIDE FRONT DOOR REPAIR $142.00 PASSENGER SIDE REAR DOOR REPAIR $91.00 INSTALLATION $95.00 vC PLEASE LET ME KNOW IFAND WHEN TO PROCEED. THANK YOU. 1Qniesz c5¢ll¢r.-, AUTHORIZED SIGNATURE Jenice Sellers Thank you for your inquiry. We appreciate your consideration. August 2.2018 TODATS DATE PLEASE FAX PURCHASE ORDER TO JENICE SELLERS @ 772-286-8198 OR EMAIL TO JENICE@GDIGRAPHICS.COM 3161 SE Slater St Stuart. FL 34997 0 n r n ca O 9 02 ❑; ❑m:❑� ❑31 CO 'i ❑ ' o x j. c 9 N I i El o ❑ i D CO, � cn m m C N m m C Q N n � r '^ 9 n y o zC 3 N o z Eo W d m C7 X C7 m � �n � z c m O O D ---IO C7 o ami � m z -j m T rn v m= C4 O C C m -�I C- El -i U o� i I -O- rn -- rnD — m �— m o T m O z=z �� m z m Drnm �m m cn r cn Cn =� i m_ O D D = m � m Fn m T rn m Z� :I-W =j D o �On O W m m a Z m� D C7y omo S m U u u m 1 �D m Oz Z c -�8 Oo p {^A C C7 a 3_� C CD = __ C7 r^ rn m - mO CD -BCD D o- ta-r rn o my to n m -i n -4 yOy r D� r r D CD p m O (A m M m 9 0 m n 9 N y s v GO m v - 0 3 0 c o a m m m r a mEF m m TI O m r^ AO Z m O N m m m o �O y O Z m LA m t90 $ En � ( M , m O o 0 .Imo N D C C) Z Z Z D v m m m m m N --I cn Or 9 w ca o C) O 9 O O o m 0 N T co S N m z m p n \ r 1111 ❑ ❑ ❑ ❑ A❑ IE] ❑ GULF STREAM POLICE DEPARTMENT VEHICLE DAMAGE REPORT OFFICER: �,wa DATE: _D1, / ,-;� e VEHICLE: 7.5 TIME: Z ACCIDENT REPORT: HOW DID DAMAGE OCCUR? lei Srz0,(7,D -z:x a NO X YES CASE # /8137/ a LOCATION AND DESCRIPTION OF DAMAGE: ALSO MARK VEHICLE DIAGRAM. DIAGRAM: PASSENGERS SIDE 'DRIVERS SIDE Ina, t�rirt- . PA ti. ^ S. SIGNATURE SUPERVISOR:il -7 t