Tolbert

Can anyone confirm if Clayton Tolbert has been hired?

Yes I can confirm. Peace Out.

Thanks for the reply. I think that you folks should be informed about what you are going to be dealing with. I will start with this report where Tolbert was involved in stealing mail from Agents in the Tampa Office of ABT wfhere he was the captain. Next I will post the another IA against him, where 5 charges were sustained against him. One of the charges sustained was for COWARDICE. The following is a copy of the report for mail theft.

On Thursday, July 30, 2009, at approximately 12:30 pm Agent Dykes entered the Tampa District Office of the Florida Division of Alcoholic Beverage and Tobacco hereinafter known as (FDAB&T) located at 1313 Tampa St. Tampa, FL 33602. Agent Dykes entered the side door of the office used for employees, and preceded to his mailbox which is located on the east side of the conference room against the north wall of Lt. Hamilton’s office. Agent Dykes checked his mail box and found a manila envelope inside with a 44 cent stamp post marked from Jacksonville, FL, dated 28 July 2009 PM 3T. The envelope was addressed to “Division of Alcoholic Beverages & Tobacco, 1313 Tampa Street Suite 702. Park Trammel Bldg., Tampa, FL 33602, Attn: Jimmy Dykes.” The return address was “FL. PBA 300 East Brevard St. Tallahassee, Fl, 32301.” There was an adhesive white label on the bottom left corner of the envelope with “PERSONAL& CONFIDENTIAL” printed in bold face. An identical label was also affixed to the back of the envelope. Agent Dykes looked in the other Agents’mailboxes and saw that identical envelopes were also placed in their mailboxes. Agent Dykes took the sealed manila envelope to his office and found a self-addressed white envelope inside. The white envelope was addressed to “FL. PBA 300 East Brevard St. Tallahassee, FL 32301 Attn: John Rivera.” The return address was “FL. PBA 300 East Brevard St. Tallahassee, FL 32301.” There was a US first class stamp with a picture of the Liberty Bell affixed to the upper right corner of the return envelope. On the bottom left corner there was an adhesive white label printed with the words “REPLY ENVELOPE”. The manila envelope also contained two stapled sheets of paper with the top sheet labeled “Division of Alcoholic Beverages and Tobacco Special Agents and Lieutenants Opinion Survey.”

At approximately 1:25 pm Agent Dykes finished reading his email and left his desk and exited his office. Agent Dykes heard Anessa Freeman state that German is pulling letters out of the mailboxes. Agent Dykes then turned to his left and took approximately 3 steps down the hall and observed Lt. German Garzon of the Tampa District Office of the FDAB&T standing facing the employees’ mailboxes. Agent Dykes observed Lt. German Garzon in possession of a stack of manila envelopes identical to the one Agent Dykes had found in his mailbox. Agent Dykes observed Lt. G. Garzon conversing on a cellular phone while taking manila envelopes out of two agents’ mailboxes located in the bottom row. Agent Dykes could not identify the person on the phone with Lt. Garzon. Agent Dykes believed that he had just witnessed Lt. Garzon commit petty theft and federal mail theft. Lt. David Merrill of the FDAB&T was also present and also witnessed Lt. G. Garzon taking the manila envelopes out of the Agents’ mailboxes. Agent Dykes returned to his desk and “googled” the United States Postal Inspection Service web site. Agent Dykes called the United States Postal Inspection Service at 1-877-876-2455 and filed a complaint. Agent Tessa O’Brian entered Agent Dykes’s office and stated to him that Lt. G. Garzon had left the office. Agent Dykes left his office and walked to the Agents’ mailboxes. Agent Dykes found that all of the manila envelopes he had seen earlier in the Agents’ mailboxes were now missing. Earlier in the day, Agent Sam Funarro also saw the manila envelopes in the Agents’ mailboxes.

On Thursday, July 30, 2009 at approximately 4:30pm Agent Dykes spoke with the FDAB&T Police Benevolent Association representative, Agent Betty Adazzio of the Gainesville office. Agent Dykes informed Agent Adazzio about the petty theft/mail theft that occurred in his presence. Agent B. Adazzio informed Agent Dykes that Clayton Tolbert, Captain of the Tampa district office, told Agent Curtis Jernigan and her that an Agent in the Tampa Office notified Capt. Tolbert that PBA letters had been delivered to the office. Capitan C. Tolbert further explained that he believed that the letters were fraudulent and that he had had the right to take them because they would cause disruption in the office.

On Friday, July 31, 2009 at approximately 4:30pm Agent Dykes received a phone call from Lt. David Merrill of the Tampa Office of the FDAB&T. Lt. D. Merrill stated to Agent Dykes that he called the Office of the Secretary of the Florida Department of Professional Business Regulation and spoke with Deputy Secretary Ross. Lt. D. Merrill stated to Agent Dykes that he had informed Deputy Sectary Ross of the petty theft/mail theft that they had witnessed on Thursday, July 30, 2009. Lt. D. Merrill stated that he had made the phone call on July 31, 2009, at approximately 3:25pm.

On Monday, August 3, 2009, at approximately 9:20am Agent Dykes received a phone call from Agent Tessa O’Brian of the FDAB&T Tampa District Office. Agent T. O’Brian informed Agent Dykes that while working a complaint on Saturday night, Captain Clayton Tolbert stated to three Tampa District Office Agents that Captain Tolbert had the PBA letters removed and that he had possession of the letters and that they were on his desk in the Tampa District Office (conspiracy to commit theft, conspiracy to commit mail theft and possession of stolen property). Agent T. O’Brian stated that Agents Helen McCoy, Debbie Caplinger, and Casey Simon had heard Captain Clayton Tolbert make above statements. At approximately 9:35am Agent Dykes called Agent D. Caplinger and confirmed that she had heard the above statement made by Captain C. Tolbert. Agent D. Caplinger confirmed that she had heard the above statements made by Captain C. Tolbert. At approximately 9:50am Agent Dykes called Agent Helen McCoy to confirm that she had heard Capt. Tolbert make the above statements. Helen McCoy also confirmed that she had heard Capt. Tolbert’s above statements.

Here is somthing you aslo should know about tolbert, this was taken from the investigative report case number 2009-069-IR, page 45 of 68.

A review of captain tolbert's employment application shows he was never employed by a law enforcement agency untill he was hired by ABT as lieutenant over accreditation on October 14, 2005. captain tolbert never held a position as Special Agent/Law Enforcement Investigator with ABT, consequently, he would not have gone through the ABT FTO program and was promoted to the position of captain on March 10, 2006, just five months after his date of hire as lieutenant

here is a copy of page 46. Note the IR at the end of the case number the oig(office of inspector general) never opens IAs against supervisors they are all ways IRs.

INVESTIGATIVE REPOK, Case Number: 2009-069-IR Page 45 of 68
was no incident report required she would have had this situation documented in a complaint so there would be a record of what transpired and physical action could have ensued so that future supervisors would know there could be a potential to erupt in that type of setting or event, similar to an after action plan to let others know the 'area may be known for potential situations involving enforcement action or to contact the local law enforcement.
Captain Turner stated that the past practice with regard to agents work hours is that agents are allowed to make their own work hours, that the agents are required to give a tentative schedule of their anticipated work schedule depending on their complaints. Captain Turner confirmed that this has been the accepted practice statewide "even when I was an agent".
Investigator's Note: This investigator also obtained clarification from Office of the General Counsel (OGC) Yvette Pressley who advised that she conferred with attorneys for Chief of Negotiations of the State of Florida, Mike Mattimore Law Firm, for interpretation of the following:
Established schedule is based on policy or the past practice of the agency.
Historical information: Captain Tolbert had been instructed by former Director Geier not to make any changes or micro-manage the agents. Captain Tolbert did not follow this instruction by implementing his verbal policies and placing agents on a work schedule through use of the Operational Plan.
Review of Captain Tolbert's employment application shows he was never employed by a law enforcement agency until he was hired by ABT as lieutenant over accreditation on October 14, 2005. Captain Tolbert never held a position as Special Agent/Law Enforcement Investigator with ABT, consequently, he would not have gone through the ABT FTO program and was promoted to the position of Captain on March 10, 2006, just five months after his date of. hire as lieutenant. (Exhibit 25)
WITNESS TESTIMONY
Name and Position: Scott Ross, Deputy Secretary Location: Tallahassee Office Date: March 2, 2010
In a recorded statement obtained March 2, 2010, Deputy Secretary Ross related the following:
Deputy Secretary Ross stated that he received a grievance from Rick Nelson - dealing with officer schedules and specifically an ops plan Captain Tolbert had initiated in the Tampa'office'. Nelson alleged the ops plan violated the PBA bargaining agreement. Some meetings took place and they determined that Captain Toibert's ops plan could be a violation of the bargaining agreement.
Secretary Drago determined that they should pull back to talk to the PBA and discuss the best course of action. Deputy Secretary Ross stated they informed Chief Staab of Secrectary Drago's edict that this would be eliminated. Chief Staab

This just sounded like a bunch of garbageeeeeee. Unreal talk about making something out of nothing. Who cares its obvious you have something against this person. Whoever he or she is. Go away and get off our forum. Hey I brought a pen home from work last week. When is the IA taking place. geez

Just BEWARE of this man (Clayton Tolbert)
Good Bye

This guy continues to misrepresent himself wih 20 years of law enforcement experience. You are dead on..........beware.................... :devil It'sexactly what you said.

Here are a few pages from the IA where 5 charges were sustained against tolbert. Sorry it is taking a long time to post this, I have been busy. Hello tolbert, hope you, cave and gibson enjoy this.

State of Florida
Department of Business & Professional Regulation
Division of Alcoholic Beverages and Tobacco
Bureau of Law Enforcement


CHARLIE CRIST
GOVERNOR

CHARLIE LIEM INTERIM SECRETARY

INVESTIGATIVE REPORT

CASE DUMBER:
GASEiCOMRLAINANT:

;: 2009-069 IR £;•: Denise Austin, Lt. I? October 1,2009
l|' Clayton Tolbert Captain Tampa District Office
John Powell Director, AB&T 1940 N. Monroe St. Tallahassee, FL 32399

E; March 10, 2010

V1olation..of..DBPR Administrative Policy No. 1002-0006 IX (D), Insubordination anc ABT PPD 1.01 Organization, Authority and Chain of Command.
Violation of DBPR Administrative Policy No. 1002-OOQ6 IX (E) Violation of Law or Agency Rules/Retaliation.
Violation of DBPR Administrative Policy No. 1 002-0006 IX (G) Misconduct/Cowardice.

INVESTIGATIVE REPOK. Case Number: 2009-069-IR Page 3 of 68
4. Violation of DBPR Administrative Policy No. 1002-0006 IX (F) Standards and
Procedures of Discipline, to wit: Conduct unbecoming a public employee.
It is alleged that Captain Tolbert was uncooperative, antagonistic, was disruptive to the workplace and/or caused dissension among fellow employees, used language or gestures which were threatening directed toward or in the presence of a Department employee and made an oral threat.
5. Violation of DBPR Administrative Policy No. 1002-0006 IX (A) Poor
Performance and Violation of ABT PPD 3.11 Vehicle Operations and ABT
PPD 2.05 Secondary Employment.
It is alleged that Captain Tolbert instructed agents contrary to policy on duty status, instructed agents he would not authorize off duty request but would send them up and jeopardized the safety of the officers under his command.
||;::::.:.^:x,x-^^ ;:
On August 24, 2009, John Powell was appointed to the position as Director, Alcoholic Beverages and Tobacco (ABT) - Department of Business and Professional Regulation.
In efforts to identify strengths and weaknesses of ABT, Director Powell scheduled visits to the field offices. On September 01, 2009, Director Powell traveled to the Tampa Field Office and met with the employees of the office consisting of sworn and non-sworn staff. During the meeting, Powell was presented a letter by employees in a sealed Division envelope marked "Personal and Confidential" and was advised that the document contained information, which would provide some insight to the operations of the field office.
The document described operational conditions in the Tampa Field Office. There was also discussion of operational issues concerning work periods and scheduling of employees. The agents were concerned about the lack of, or perceived lack of, adherence to the prevailing Police Benevolent Association (PBA) contract, which is the current work contract for the sworn officers.
Upon researching the issues in the Tampa Field Office, Director Powell learned that in the past several months there had been a series of managerial problems arising from the Tampa Field Office, one of which culminated in a Directive from then Secretary Drago outlining the following:
That ABT will honor and follow the negotiated PBA contract and the terms
contained therein;
That ABT will provide a 14 day notice on any shift, reassignments and/or schedule.
changes (excluding emergencies and/or Governor's executive orders);
That the 12 week operational plan created by Captain Tolbert will be suspended
as well as any other similar plans currently in place (this information was sent to
Rick Nelson,PBA Representative;
That Captain Tolbert was aware of the directive;
That agents were tasked with changing schedules without proper notification;
That agents were advised they would be working every Thursday'and Friday of

INVESTIGATIVE REPOK. Case Number: 2009-069-IR Page 4 of 68
the coming weeks;
And that Captain Tolbert made the comment that he would run his office the way
he wanted and that he did not recognize the PBA.
Director Powell also discovered the following issues varying from operational to personnel:
That Agents have been advised they have not been placed on a work schedule;
That it was not unusual for Agents to be required to work Thursday, Friday or.
Saturday nights when they were originally granted off;
That supervisors waited until the last minute to tell an agent a planned/scheduled
event was cancelled;
That Captain Tolbert made inappropriate remarks against an Agent when she
inquired about pregnancy leave and retaliated against her after she filed a
grievance;
That Captain Tolbert failed to provide any leadership or guidance during a physical
altercation;
And that the information provided by the employees of the Tampa Field Office
tracked the same complaints that Captain Tolbert had filled against him when he
was the captain in charge of the Tallahassee Field Office.
On October 1, 2009, Director John Powell requested an investigation as a result of policy violations .on the part of Captain Clayton Tolbert. These alleged violations were discovered during Director Powell's meeting with the members of the Tampa District Office on September 16 and 17, 2009. Director Powell prepared a 9 page summary outlining policy violations (Exhibit 1).
On that same date Lt. Denise Austin was assigned to conduct an investigation into the issues brought forth in Director Powell's meeting with members of the Tampa District Office and Director Powell forwarded the summary to Lt. Austin by e-mail dated October 1,2009 (Exhibit 2).
On October 6, 2009, Lt. Austin received a Fed Ex envelope from Vicki Young, Administrative Assistant to Director Powell. The envelope contained some, but not all of the documentation referenced in Director Powell's summary.
Captain Tolbert was sent an Internal Investigation Notification by certified mail return receipt requested on October 9, 2009, and by e-mail on October 14, 2009. (Exhibit 3).
Captain Tolbert was later notified by e-rnaii of the scheduling, of his subject statement for November 19, 2009. The statement was continued to, December 22, 2009, and re¬scheduled for January 12, 2010, all at the.request of Captain Tolbert's attorney, John Black (Exhibit 4),
This investigation.included, but was not limited to, the following evidence:
Director Powell's 9 page summary memo and Incident Report.
Copy of e-mail complaint from Director Powell to Lt. Austin dated October 1, 2009.
Copy of letter from Secretary Drago to PBA dated July 29, 2009.
Copies of misc. e-mails (numbered T-1 through T-32 by Lt. Austin).
6 microcassette tapes of Dir. Powell's Tampa meeting (Sept. 16 and 17, 2009).

INVESTIGATIVE REPOK. Case Number: 2009-069-IR Page 5 of 68
Copies of documentation of previous issues including personnel issues in the
Tampa office.
Copies of documentation of training concerns.
Copy of e-mail re DIG case no. 2009-278-REF
Copies of misc. docs.
The following interviews were conducted, and contain both quotes and testimony which has been paraphrased:
WITNESS TESTIMONY
Name and Position: David Ham, PBA Representative Location: Tampa District Office Date: October 19, 2009
In a sworn, recorded statement obtained October 19, 2009, PBA Rep. Ham related the following:
Rep. Ham met with Captain Tolbert on September 3, 2009, at which time he discussed a grievance filed by Agent O'Brien. Rep. Ham requested the Captain get other volunteers to work in Agent O'Brien's place on the night in question. Captain Tolbert would not agree to that.
Rep. Ham stated he had a 2 1/2 hour meeting pleading with Captain Tolbert to try to work out scheduling issues. In his meeting Rep. Ham showed Captain Tolbert the letter from Secretary Drago to the PBA. (Exhibit 5) Captain Tolbert1 s response was something to the effect he didn't care about the letter.
Rep. Ham expressed frustration and did not understand why Captain Tolbert would indicate he did not have a boss and could do whatever he wanted to do. Rep. Hamm advised Captain Tolbert that their executive director talks to the governor on a regular basis. Captain Tolbert's response was "I've been in the governor's office before".
Rep. Ham stated that Captain Tolbert gave him the distinct impression that he did not care about the letter from Secretary Drago, he was going to do things exactly the way he set out to do them in reference, to shifts and working conditions for the people.
Rep. Ham stated that it was his impression in talking with Captain Toibert that he did not care about the contract, any agreements or anything, "he was going to do things his way or the highway".
Rep.. Ham was later advised by Agent O'Brien that 2 hours after his meeting with Captain Tolbert, Agent O'Brien's.previously approved annual leave during the holidays was cancelled in retaliation for Agent O'Brien filing the grievance.
Name and Position: Betty Adazzio, Law Enforcement Investigator II Location: Ft, Myers District Office (by.phone) Date: January 22, 2010

Agent Adazzio has been with the Division in a sworn capacity since 1981. Agent Adazzio has been the PBA representative for 4 or 5 years.
Agent Adazzio stated when Captain Tolbert was assigned to the Tallahassee District Office a situation arose where he was scheduling the agents specific hours and days to do inspections in certain counties and those types of things. Captain Tolbert's position was that as a manager he had a right to schedule the agents when and what areas they would work. Agent Adazzio stated every meeting they had Captain Tolbert was belligerent and almost condescending in that "this is my district I am going to run it the way I want to". Following one of these meetings Agent Adazzio met Captain Tolbert in the hallway at which time he reminded her that while she may be a PBA board member she should remember she was an ABT agent first.
Agent Adazzio stated when the Operation Plan came out he said things like "if you are going to work for this agency you have to work hard and I haven't seen, evidence of that" and continued almost to the point of berating and that-everyone needs to follow his example.
Agent Adazzio stated that Captain Tolbert was promoted from lieutenant to Captain she started getting phone calls that agents were put on schedules and that the agents had their first meeting where he told them he didn't care if they liked him or not.
Agent Adazzio stated' she attended 4 or 5 meetings going over the PBA contract issues he was violating but that Captain Tolbert was always steadfast in that it was his office and he was going to run it his way and he didn't interpret the contract that way, that he was always argumentative and "it's my way or the highway".
Agent Adazzio stated that at some point an e-mail came out that Captain Cave and Tolbert were switching positions but that the PBA was told by Lorraine Irvin that the switch was to get Captain Tolbert out of the district office because he had created so much discontent and the agents were so unhappy.
Agent Adazzio stated she was on the policy committee with Captain Tolbert and several other people, they reviewed the policies for Governor's reading initiative. When reviewing the off duty policy Captain Tolbert ranted and raved for about 15 minutes that agents shouldn't be doing off duty and finally the Chief cut him off and said they would be allowed to work off duty.
Agent Adazzio contacted Dir. Geier once the decision was made to transfer . Captain Tolbert to Tampa and Dir. Geier explained to her that Captain Tolbert had
been instructed not to put people on schedules, to allow the Tampa office.
lieutenants and agents to continue what they were doing. Dir. Geier advised
Agent Adazzio he offered Captain Tolbert a demotion to lieutenant which he stated . was refused.
Agent Adazzio. stated shortly thereafter Dir. Geier resigned and she immediately began receiving phone calls from the Tampa agents regarding scheduling agents

what and when they will be working. Agent Adazzio stated that there was never any give, it was always "my way or if you don't like it there are other jobs out there..." When meetings were over agents would say "gee I think I've just been threatened with my job".
Agent Adazzio.stated that Captain Tolbert lacked an ability to get along with people and were told in meetings that "Tallahassee doesn't understand exactly what we do and he knows better so we'll do it his way until someone tells him to stop doing it that way," There were no concessions, it was his way or no way.
Agent Adazzio stated Captain Tolbert has told her more than once he doesn't really care what the PBA or the contract says and stated, "I am in charge of this office and this is the way we are going to do it."
Agent Adazzio stated that the past practice throughout the state always was that the hours agents worked was always varied according to whether there was a festival or special event or what complaints or work needs to be done.
When Agent Adazzio was asked if she was part of a discussion that the Ops Plan form had not been approved by the PBA Agent Adazzio replied "Yes, the PBA was in the process of filing a grievance about the 12 week Operational Plan, not the form it was on but the substance of the 12 week plan, which was nothing more than a schedule change that had not been negotiated with the PBA. The form not having been approved by the PBA was not a true statement. The Chief and Captain Tolbert put out information that it was not a form approved by the PBA which was not true.
Agent Adazzio stated that the shorter form of the Ops Plan which was implemented by former Dir. Geier was fine, it was exactly what the PBA wanted when.
Agent Adazzio received a copy of Secretary Drago's 7/29/09 letter to the PBA from the PBA. Agent Adazzio stated she was at a PBA board meeting in Tampa when she received phone calls from agents asking whether they were working. Agent Adazzio called Chief Staab to ask if Captain Tolbert had been presented with the letter but that he had not seen it. Agent Adazzio replied that she sent him a copy of the letter by e-mail. She and the Chief agreed that agents scheduled to work with another agency would go ahead and work and the following week the agents were notified that the Ops Plan was canceled because it was on the wrong form.
Agent Adazzio said she didn't know the Ops Plan was stopped because the PBA complained.it was on the -wrong -form -which AgentAdazzio stated .they, never complained it was on the wrong form.
Agent Adazzio stated that in Gainesville she was supposed to notify her lieutenant if she was going to need annual leave or sick leave and that it would be put on the activity calendar in Tampa. Agent Adazzio stated that the activity calendar scheduled Tampa agents to work.
In closing, Agent Adazzio stated that the Division has tried to work with Captain Tolbert, that they removed him from one situation to somewhere else and all they

INVESTIGATIVE REPOu, Case Number: 2009-069-IR Page 8 of 68
did was perpetuate the problem, he did everything in Tampa he was instructed not to do by former Dir. Geier and more than once she has heard him say "I don't • need people to respect me, I am the one in charge..." He leaves despair everywhere he goes. He didn't listen to the Tampa lieutenants and went in and tried to change everything. Agent Adazzio further stated it was miserable working for him, one of the agents in the Gainesville office would probably still be there today because he came to her and said "I can't take this, I have never had to work under these circumstances and I am retiring". Agent Adazzio stated that Captain Tolbert just doesn't care what anyone thinks, it's his way or no way.
Name and Position: Mark Capps, Law Enforcement Investigator II Location: Tampa District Office Date: October 19, 2009
In a sworn, recorded statement obtained October 19, 2009, Agent Capps related the following:
Agent Capps has been with the Division cumulatively approximately 8 years. His immediate supervisor is Lt. Merrill.
Agent Capps stated he and other agents were at Piranha's on the night of September 5, 2009, when they observed a large crowd that was on the verge of a physical altercation. Agent Capps stated "what do you want us to do" directed to Captain Toibert. Agent.Capps wanted to be sure that what they were doing was something Captain Tolbert wanted done due to the fact that Captain Tolbert had taken away their discretion with regard to misdemeanor arrests.
Agents Capps stated he and other agents went towards the fight, identified themselves and the crowd dispersed. He then noticed Captain Tolbert was behind them and definitely had not engaged the suspects.
Agent Capps stated that Agent Priscilla Taylor was with a female prisoner and would not have expected her to engage for that reason.
Agent Capps stated that they were told their work hours were 8 to 5 but on the other hand they could be called out to work.
Agent Capps stated that they were required to ask for a Friday off in order to request a week-end off and that was only if there was no event on the calendar for that week-end. Agent Capps explained that the work schedule was on the calendar on the shared "g" drive.
Agent Capps stated he was in the Marine Corps and worked for other law enforcement agencies and never saw anyone in command bring such negativity to a place.
Agent Capps stated that agents were informed, in a meeting with Captain Tolbert, that they would be called up and told what to wear, what to bring but would not know where they were going but that he would "let us know when we needed to know". Captain Tolbert's reason was "security concerns",

INVESTIGATIVE REPOL i1 Case Number: 2009-069-IR Page 9 of 68
Agent Capps stated that Captain Tolbert would seek out information and open complaints on businesses,- unknown whether he was on duty. Agent Gapps was assigned a complaint wherein Captain Tolbert was the complainant, that Captain Tolbert observed individuals smoking marijuana on Friday and Saturday nights (ongoing investigation).
Agent Capps stated that Captain Tolbert's Ops Plan was canceled by the Secretary and that Captain Tolbert did not tell agents the Ops Plan was canceled until 3 or 4 days later after the Hillsborough squad worked another week-end of his Ops Plan.
Investigator's Note: E-mail dated September 1, 2009, states "Our schedule looks like this:..." and depicts what each squad will be doing hour by hour on Saturday, September 5, 2009 (Exhibit 6).
Name and Position: Priscilla Taylor, Law Enforcement Investigator II Location: Tampa District Office Date: October 19, 2009
In a sworn, recorded statement obtained October 19, 2009, Agent Taylor related the following:
Agent Taylor has been with the Division a little over 5 years. Her immediate supervisor is Lt. Brummett, prior to that was Lt. Garzon.
Agent Taylor stated she was at Piranha's the night of September 5, 2009, with an arrestee at the time the fight ensued. She was unable to see Captain Tolbert from her position.
. Agent Taylor that a normal workday was 8 to 5 and that they could not request a week-end off in advance without checking the district calendar;
Name and Position: Jorge Morffi, Law Enforcement Investigator II
Location: Tampa District Office
Date: October 19, 2009
In a sworn, recorded statement obtained October 19, 2009, Agent Morffi related the
following:
Agent Morffi has been with the Division for approximately 5 years. Agent Morffi has approximately 20 total years of law enforcement experience. His immediate ..supervisor..is.Lt. Brummett, .prior.to.thatwas Lt.Garzon.
. Agent Morffi stated that he was planning to take 3 weeks off for a trip to Germany to visit family but that he was given by e-mail a 12 week schedule dated June 23, 2009. The e-mail refers to "Captain Tolbert's 12 week operation" which shows his squad was scheduled to work every Thursday in July, August and September and Friday and Saturday on certain dates in July, August and September. This prevented him from taking his trip to Germany. (Exhibit 7)

INVESTIGATIVE REPOu, Case Number: 2009-069-IR Page 10 of 68
Agent Morffi stated that he and other agents were told in a meeting, with Captain Tolbert that there were'a lot of people complaining to the union and that the union doesn't tell him how to run this office and he is going to run this office the way he wants to run it and that Captain Toibert further stated "if you don't like the shift you are working then go look for another job."
Agent Morffi produced a copy of Secretary Drago's letter dated July 29, 2009, and stated that the Thursdays from the Ops Plan were not canceled and that he was told the Captain wanted it done.
Agent Morffi stated that Captain Tolbert has stated that agents should be logged onto their office computer before they are considered on duty and said "Do you want a schedule, I'll give you a schedule, I'll stand by the front door like this (arms crossed) and I'll look at my watch and you better be at your desk and the computer better be logged on by 8:00".
Agent Moffi further said that Captain Tolbert stated in a meeting "They want a schedule, I'll give them a schedule, those who are positive will get rewarded and those who are negative and cause problems around here... Ill get rid of them."
Agent Morffi produced a yellow piece of notepad paper on which he had drawn a circle and lines representing the 13 ABT offices (Exhibit 8). Agent Morffi stated that he was in a meeting with Captain Tolbert in which Captain Tolbert said it was an open forum when Agent Morffi asked if the Tampa agents were the only agents working the schedule. Captain Tolbert's response was to point at Agent Morffi and, in front of his peers, accuse him of calling an agent in Miami, which Agent Morffi denied.
Agent Morffi explained that Captain Tolbert came up with a calendar once the 12 week Ops Plan was stopped. The calendar had events scheduled for two months in advance and agents were told they could not take time off on days that something was scheduled on the calendar. Agent Morffi told Captain Tolbert in an open forum meeting that he did not think the calendar was fair and that this upset Captain Tolbert.
Agent Morffi stated that in his 20 years of law enforcement he has never seen a Captain behave in this manner.
Agent Morffi stated that Captain Toibert told his squad in the meeting that the PBA is not going to dictate to him how he is going to run the office, agents will work when told to work, Friday, Saturday, nights, week-ends, holidays and if agents don't like it they can find another job.
Name and Position: Teresa O'Brien, Law Enforcement Investigator II Location: Tampa-District Office Date: October 19, 2009
In a sworn, recorded statement obtained October 19, 2009, Agent O'Brien related the following:

INVESTIGATIVE REPOi., Case Number: 2009-069-IR Page 11 of 68
Agent O'Brien has been with the Division approximately 1 K> years. Her supervisor is Lt. Hamilton.
Agent O'Brien stated that she injured her hand and was home off work when she requested permission from her supervisor, Lt. Keith Hamilton, to come to the office for a district meeting to be held August 10, 2009. She was given permission to come to the office in her personal vehicle.
After the meeting Captain Tolbert called her into his office, along with Lt. Hamilton, and stated "I don't foresee finding anything for you to do" and explained that there was another agent that had been injured on duty so that she would have to take the time off rather than be allowed to work on a light duty status.
Agent O'Brien then advised Captain Tolbert that she was planning to start a family and asked what to do if she became pregnant. Captain Tolbert's response was that if there was light duty they would allow that but that "when you're a cop you either carry a gun or you don't carry a gun, there is no in between". Agent O'Brien explained that her previous department had worked with their officers when they became pregnant to make light duty available. Captain Tolbert's response was "this is not your old agency".
Agent O'Brien interpreted Captain Tolbert's response that if she became pregnant it would be a problem so she started looking for another job the. next day.
Agent O'Brien stated that she was told by Lt. Hamilton in a squad meeting they would be working Thursday and Friday nights until further notice. An e-mail notice dated August 31, 2009, from Lt Hamilton stated that she and other agents would be working Thursday and Friday nights, September 3 and 4, Agent O'Brien advised Lt. Hamilton that she had plans for those nights and hoped to keep those plans. Lt. Hamilton's response was "We are all working Thursday and Friday nights." (Exhibits)
Agent O'Brien stated that she was instructed to arrive at the office at 9:30 p.m. that night (September 3, 2009) but was told the day of the event they would meet at USF PD. Agent O'Brien arrived at the designated location the night of September 3rd- Captain Tolbert instructed her that she would be getting on the USF bus. Agent O'Brien explained to Captain Tolbert that she would not have dressed this way had she known she would be working undercover. Agent O'Brien was concerned that the students on the bus might discover she was an officer due to the fact that her firearm was on her side and asked Captain Tolbert what to do if she was "made". Agent O'Brien felt a serious situation could have occurred on the bus which would be potentially full of students drinking. Captain . Tolbert's.response was.that she should walk to. the. frontof. the bus and text .him and tell the bus driver to pull over.
Agent O'Brien advised that she called the" USF" Police Department to advise them that she and other ABT officers were on the campus dressed in plain clothes with firearms. She was advised by the USF officer she spoke with that they were unaware of ABT's presence.
Agent O'Brien advised Captain Tolbert she did not know if they would let her on • the bus without a student ID and she then offered to obtain student ID's for herself.

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Agent O'Brien advised Captain Tolbert she could obtain an ID from one of the female dispatchers at USF PD, which she did.
Agent O'Brien stated that Captain Tolbert advised them at the debriefing that he doesn't have to tell them what they are doing, that there be future situations where r they are told to show up, so that the information would not get out to the public.
Agent O'Brien stated that Captain Tolbert requested she and Lt. Hamilton meet on September 9 following their squad meeting. Agent O'Brien stated that she had pad and pen and was prepared to write when Captain Tolbert pointed his finger and shook it about 5 to 10 inches from her face and said "You are not going to take notes you are going to look at me while I talk to you." Captain Tolbert further stated "you are going to remember what I say to you can write your notes later." Shortly thereafter Agent O'Brien stated she picked her pen up again and Captain Tolbert then pointed two fingers at her and said "no, you will look at me in the eye."
Captain Tolbert went on to say that she "had an attitude" on Thursday night (Sept. 3rd). Agent O'Brien stated that her comments to Captain Tolbert were no sir and yes sir that night. When Agent O'Brien asked for an explanation Captain Tolbert's reason was her body language-that she .was crossing her arms and that she spoke short to him. Agent O'Brien stated Captain Tolbert went on to say that there was a lot of negativity in the office and he was going to get rid of it and the next time someone has an attitude they would be sent home and there would be consequences.
Agent O'Brien stated this was her third time behind closed doors with Captain Tolbert and she felt intimidated. Agent O'Brien stated she never had closed door meetings with the prior Captain Biair.
Agent O'Brien stated the night of Sept. 3rd she and three other ABT agents wrote the arrest paperwork for 24 arrestees and that the bus driver was possibly driving under the influence. Agent O'Brien stated she did not have an attitude that night and Captain Tolbert did not assist or offer to help with any of the paperwork.
Agent O'Brien stated that she requested Christmas holiday leave on May 18, 2009. Lt. Hamilton approved her request on May 26. On September 3, 2009, Agent O'Brien received an e-mail from Lt. Hamilton stating her December leave ' was "Not approved". Agent O'Brien received this e-mail after she filed a grievance with the PBA regarding the work schedule (Exhibit 10).
Agent O'Brien stated that her officer safety issues in Ybor City were brought to
Captain..Tolbert!s.attenti.on..in .a.staff.meeting and.that.Captain.Tolberfs response . •
was "that's why we get hazardous pay".
Name and Position: Khalid Williams, Law Enforcement Investigator II Location: Tampa District Office Date: October 20, 2009
In a sworn, recorded statement obtained October 20, 2009, Agent Williams related the following:

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Agent Williams has been with the Division approximately 6 years.- His immediate supervisor is Lt. Hamilton.
Agent Williams confirmed they could not request a week-end off unless they requested a Friday or Monday around that week-end.
Agent Williams stated that in a squad meeting on August 11, 2009, he was instructed by Lt. Hamilton that the weeks of August 17 through September 7 were blocked for back to school activities (Exhibit 11).
Agent Williams stated that there was also an activity calendar that did not exist prior to Captain Toibert's arrival. Agent Williams stated that his squad was instructed by Lt Hamilton to work one night and one week-end night once a week. Agent Williams stated that prior to Captain Toibert's arrival his squad did not have this instruction.
Agent Williams stated that, in a squad meeting, Captain Tolbert advised them that he does not approve of off duty work and referred to agent's powers and section .20.165 of Florida Statutes that agents don't actually have the power to work off duty but that he would approve it since it's in policy, that he would not sign off on some of them but that he would send them up.
Agent Williams stated that Captain Tolbert advised agents in a meeting that sometimes they would not need to know what was going on, they wouid be given a time and place and be told at the designated time .what they would be doing.
Agent Williams stated that there have been scheduling problems since Captain Toibert's arrival and attributed this to Lt. Hamilton's instruction to his squad that they would not be approved annual leave if there was anything on the activity calendar. When asked if he experienced any problems with the holiday leave Agent Williams stated that he requested holiday leave and was told a squad member had beat him to the draw. The agents were then instructed in another meeting to re-apply for holiday leave which was approved.
Agent Williams stated that he has heard Captain Tolbert say "he doesn't really care about the PBA".
Agent Williams stated that agents were instructed by Captain Tolbert to limit their day to 8 hours so they would not be fatigued but then also instructed agents they were not to^take the last week of the pay period off, which he found confusing.
Agent-Williams .stated .they. had..a..squad.meeting on September 8 which included Captain Tolbert. At that meeting officer safety concerns were brought up concerning 4 or 5 agents going into Piranha's, a 5 level club. Agent Williams • stated that Captain toibert "totally turned our words against us" in that Captain Tolbert said to his squad "people sometimes use officer safety as a crutch or an out when they don't want to do something".
Agent Williams stated that at a September 9 meeting Captain Tolbert stated that there was a lot of negativity and that positivity would be rewarded. Agent Williams interpreted that statement to mean that Captain Tolbert would "possibly come after

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somebody". According to Agent Williams, the agents were also instructed by Captain Tolbert that he was going to meet with individual squads and people and that they needed to move toward positivity, negativity would be handled or dealt with.
Name and Position: William Jarvis, Law Enforcement Investigator Location: Tampa District Office Date: October 20, 2009
In a sworn, recorded statement obtained October 20, 2009, Agent Jarvis related the following:
Agent Jarvis has been with the Division approximately 4 years. Agent Jarvis has . approximately 1314 years of law enforcement experience. His immediate supervisor is Lt. Merrill.
Agent Jarvis stated that he and other agents were at Piranha's on the night of September 5, 2009, when they observed two separate groups of people raising their fists in what appeared to be a very serious fight between a large group of people. Lt. David Merrill was the first to move forward and then he and Agent DiPietro. Agent Jarvis stated that he heard Captain Tolbert yell "hey" a couple of times as he moved away from the fight back around the vehicle. At this point Agent Jarvis lost sight of Captain Tolbert due to the fact that he was heading towards the fight and Captain Tolbert had moved in the opposite direction.
Agent Jarvis stated that Captain Tolbert did not provide any leadership, guidance, assistance or help other than hide behind the car.
Agent Jarvis stated that Captain Tolbert has instructed that agents will not have discretion with regard to misdemeanor arrests. He and Agent Wilson were conducting surveys, got a buy and, based on the circumstances determined that it would be best not to make an arrest. The employee was fired and complained to Captain Tolbert. Captain Tolbert'met with Agents Jarvis and Wilson, along with Lt. Merrill. Agents explained to Captain Tolbert they felt they achieved the goal of compliance and that it was best to handle it this way. Agent Jarvis asked Captain Tolbert to send him an e-mail stating that agents do not have discretion with regard to misdemeanor arrests. Captain Tolbert's response was to get red, clench his fist and stated no that he would not, that he was giving a verbal order and that he (Agent Jarvis) would be happy with that.
Agent Jarvis..stated..that AgentWilson.wasJhen..dismissed from .the. meeting. Captain Tolbert then stated to Agent Jarvis that he believed Agent Jarvis was causing problems and that he was going to "zoom in on that" and that "it would be taken care of. At that point Agent Jarvis felt as though Captain Tolbert was attempting to intimidate him. Agent Jarvis stated that he had used discretion, what he had done in his previous 9 Yz years with the Florida Highway Patrol in using • discretion he had acted in what he believed he could do by statute to achieve the Division's mission.

Continued:

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Agent Jarvis stated that Captain Tolbert instructed agents that they were not allowed to work more than 8 hours and that their shift should be from 8 a.m. to 5 p.m. The reason Captain Tolbert gave the agents for not working more than 8 hours was officer safety issues. Agent Jarvis explained that this order was not logical and did not work for the mission of this agency, that the flexibility in scheduling was necessary to work their cases.
Agent Jarvis stated that approximately 2 weeks later they were ordered to work 10 . hour days for the cigarette tax count. Agent Jarvis stated that there was no consistency to the orders given.
Agent Jarvis stated there was great difficulty in scheduling a week-end off, that Captain Tolbert had an activity calendar and a leave calendar, that normally they • would not have worked every week-end unless they had a case that required they ' work and that was never a problem. The agents were not instructed as to what day to take off during the week when they worked the week-end creating confusion with the order that they should work 8 to 5 Monday through Friday. Additionally, week-ends scheduled for agents to work did not necessarily have a reason.
Agent Jarvis stated that they worked a week-end night on September 5, 2009, that they were scheduled to conduct surveys in conjunction with a USF football game and that they were then scheduled to work area clubs and that for the man-hours used it was not productive. Agent Jarvis stated that in order to have a week-end off you have to put in for vacation for a day you would have normally been off for, that there was no guarantee that you would have it off. There were times that agents were told they could have the week-end off and then would be scheduled to work at the last minute.
Agent Jarvis stated that he was familiar with the Summer to Fall Sweep Ops Plan and that they never had anything like that prior to Captain Tolbert's arrival. Agent Jarvis stated it was his understanding that this Ops Plan was considered a schedule, that the union had grieved it and the Secretary's Office determined it was in violation of the contract and to "cease and desist immediately" but at that time Captain Tolbert re-scheduled them to work week-ends under a separate guise.
Agent Jarvis stated that he was shown a copy of the Secretary's letter by other agents.
Agent Jarvis stated that the activity calendar projected events through mid November and even had some events for January, that the calendar was .. .confusing and.that.Lt,..Merrjll.would.ho|d.meetings to.go qyer.the activity calendar. The activity calendar was not in place prior to Captain Tolbert's arrival.
Agent Jarvis confirmed that agents were told that traveling to and from the office was a non-duty status, that duty did not start until arriving at the office or at an inspection, etc.
Agent Jarvis stated that agents commented in a meeting that they hadn't been told what was going on, felt they weren't dressed or equipped appropriately, not prepared and Captain Tolbert's reply was that from time to time agents would be

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called to work undercover situations where they would not be given any details until they arrived at the destination. Agent Jarvis stated he felt this was an officer safety issue, that he could be placed in a situation without any knowledge or preparation of what he was getting into.
Agent Jarvis stated that he has filed grievances against Captain Tolbert for policy violations such as not keeping a round in the chamber and included in those grievances were "fear of retaliation".
Name and Position: Joe Saponara, Law Enforcement Investigator II Location: Tampa District Office Date: October 20, 2009
In a sworn, recorded statement obtained October 20, 2009, Agent Saponara related the following:
Agent Saponara has been with the Division approximately 4 years. Agent Saponara has a total of approximately 28 years of law enforcement experience. His immediate supervisor is Lt. Brummett.
Agent Saponara stated they were told by Captain Tolbert agents would not schedule themselves for more than an 8 hour day. Captain Tolbert's reasoning was that agents would become fatigued after 8 hours. Agent Saponara stated that agents tried to explain they needed to be able to extend their hours in accordance with what incidents or circumstances occurred that required them to work beyond the 8 hours. However, Captain Tolbert instructed agents their supervisor could schedule them to work more than 8 hours when needed.
Agent Saponara stated that agents were told by Captain Tolbert that their "core hours" are Monday through Friday, 8 to 5 with week-ends off, however, when agents made plans for the week-end they would be told they were working.
Agent Saponara stated that that there was no work schedule in place in the Tampa District Office similar to the 12 week Summer to Fall Sweep Ops Plan prior to Captain Tolbert. Agent Saponara explained under the Ops Plan they were to do inspections a specific day of the week, that this was brought to the Union and Secretary Drago issued a letter immediately suspending that operation. Agent Saponara stated they were placed on another schedule two weeks later by Lt. Hamilton, when agents asked why they were being placed on that schedule the response was "that's what the Captain wanted".
. ....-Agent.Saponaraexplained.that:an activity... calendar.was. implemented by Captain Tolbert which was another schedule in that the Captain would fill in the week¬ends, Thursday, Friday and Saturday nights and some Sundays with any kind of event. These events were not complaint driven. Once these events were on the calendar you were considered scheduled. Every week-end was scheduled for 6 to 8 weeks in advance. Agent Saponara stated that time off with family was frowned upon and denied when requested.
Agent Saponara stated that Captain Tolbert's reasoning behind the cancellation of the Summer to Fall Sweep was that "it was put on the wrong Ops Plan form" or

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wrong format. However, upon Agent Saponara's receipt of a copy of the Secretary's letter passed down to him from the PBA he sent an e-mail to Lt. Merrill advising him that he had not received anything from the chain of command advising of the cancelled Ops Plan. Agent Saponara stated in his e-mail he was following the Secretary's order and would not be working that upcoming week-end as scheduled.
Agent Saponara stated that the Secretary's letter was being ignored.
Agent Saponara stated that by policy they call 10-8 on the radio when they get in their vehicle and were instructed by Captain Tolbert that they would not claim that commute time when going to and from the office to their home.
Agent Saponara stated that he has 28 years of law enforcement experience, he was a supervisor for NYPD for 14 of those years with 22 detectives working under him, when it comes to some of the policies and some of the attitude that Captain Tolbert has he is "flabbergasted", Agent Saponara stated that it is unfair to an officer to be called out to work without knowing whether they will be plain clothes or undercover, that the agent needs to know what they will be working whether it's drugs, prostitution, etc. and that it is dangerous to go into these situations blind.
Agent Saponara stated that it is his professional opinion that due to Captain Tolbert's inexperience he is not qualified to lead officers into these types of operations. It has been Agent Saponara's experience that the only time certain officers were not privy to information until the time of briefing was for patrol . officers, however, they would not be taken out of their element. Anyone else involved in that operation must be briefed prior so they can be prepared as to what they are going to do.
Agent Saponara stated that he has heard Captain Tolbert •comment to him at the time he was discussing the scheduling problems they were experiencing with family obligations. Captain Tolbert's response was that he (referring'to Agent Saponara) has a very active^off duty life and that sometimes people should consider a different career because "this is law enforcement and in law enforcement you work 24/7". Agent Saponara interpreted the comment to mean Captain Tolbert felt he was ready for the pastures. Agent Saponara stated he is one of the top producing agents in the Tampa District Office.
Agent Saponara explained that prior to Captain Tolbert's arrival the agents in the Tampa office worked nights and week-ends, that most of the work was case driven if agents needed to be out at 2 a.m. on a Friday or Saturday night to follow-up on an allegation they would work nights, they got the job done.
Agent Saponara stated that "you are spinning your wheels when you talk to him, that he knows what he wants, he is set in his ways and he will not budge" referring to Captain Tolbert which adds to the frustration because a lot of this is common sense.
Agent Saponara was informed by Captain Tolbert that he would not let these problems continue and that any problems would be handled in the office. Agent Saponara stated there continued to be problems, he went to his supervisor, Lt. Brummett, and discussed issues where he was scheduled and moved last minute,

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was scheduled to work plain clothes and now uniform and felt that this was retaliation and requested these issues be brought to the Captain. The issues were ignored by Captain Tolbert.
Agent Saponara explained that he worked for very demanding administrations during his career with NYPD and that they had a mission but they did it respectfully, with experience, they were leaders. Agent Saponara stated it is his understanding that Captain Tolbert does not have any law enforcement experience and it is Agent Saponara's opinion that it is dangerous for an individual to be placed in charge of a big office like.Tampa without any law enforcement experience.
Agent Saponara explained a situation where he was asked by Lt. Hamilton to work a Saturday on June 27, 2009, with just 4 days notice. Agent Saponara's response was that he would work it, that he didn't have plans for Saturday and he would work. Shortly after that Lt. Hamilton called and advised Agent Saponara that he had made a mistake in scheduling and needed Agent Saponara to work Friday •rather than Saturday night. Agent Saponara advised Lt. Hamilton that he had plans and reservations for Friday night, that he couldn't work. Lt. Hamilton later ordered Agent Saponara to work Friday night stating that Captain Tolbert told him to order him to work.
Agent Saponara canceled his plans for Friday night, he worked Friday night and filed a grievance with the PBA. Captain Tolbert questioned Agent Saponara and advised Agent Saponara that he did not think he had a grievabie complaint, that they were not on a schedule. Agent Saponara confirmed that the work scheduled for that Friday night was not an emergency situation.
Name and Position: Jonathan Serrano, Law Enforcement Investigator II Location: Tampa District Office Date: October 20, 2009
In a sworn, recorded statement obtained October 20, 2009, Agent Serrano related the following:
Agent Serrano has been with the Division approximately 3 1/2 years. His immediate supervisor is Lt Brummett
Agent Serrano confirmed that he was instructed that a normal workday was 8 to 5 and that he could not work more than 8 hours days since Captain Tolbert's command of the Tampa office. When Agent Serrano made plans with his family ......things.would come..up...that .they would, hava.to.. work a week-end night and then
Captain Tolbert would tell agents that there was no set schedule, that agents would work at his_discretion.
Agent Serrano stated he was never able to plan events with his family after Captain Tolbert's arrival because of these events. When Agent Serrano asked Captain Tolbert what his normal days off were, Captain Tolbert's response was to • talk to his lieutenant.

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Agent Serrano stated that Captain Tolbert instructed him that if he wanted a week¬end off he would need to put in a request for leave for a Friday or Monday around that week-end. Agent Serrano confirmed that Captain Tolbert implemented a 50% staffing rule, that there were only 2 agents on his squad and they could only have time off if the 2 agents did not take the same days off.
Agent Serrano confirmed that agents were placed on a work schedule, Captain Tolbert's Summer to Fall Sweep Ops Plan (Exhibit 12).
Agent Serrano stated that he had a 2 hour meeting with Captain Tolbert about off duty work, that Captain Tolbert stated he does not like the agents working off duty and that if he could recommend it he would get rid of off duty or get it reduced to the 20 hours per week. Captain Tolbert further stated that he would neither deny nor approve off duty work, that he would merely forward the request up the chain.. Captain Tolbert explained that agents did not have the authority to sit in a car with lights on in a construction zone and that agents did not have the authority to work in a movie theatre. .
Agent Serrano stated that there had always been confusion in the office about when the duty day starts but it was his understanding under Captain Tolbert that his day would begin once he walked into the office he time would start and that his day would end once he walked out of the office if leaving from the office.
Agent Serrano stated that Captain Tolbert's Summer to Fall Sweep Ops Plan was canceled by a letter from the Secretary. Agent Serrano was given an explanation by Captain Tolbert in a staff meeting for the cancellation of the Ops Plan that it was submitted on the wrong form.
Agent Serrano confirmed that Captain Toibert instructed agents that they would be called to work events but that they would not be told the location of the event until the last minute. Agent Serrano stated he felt this-to be a huge officer safety issue to not know what you would be doing to prepare for an event, that he has never had to do this in the past.
Agent Serrano confirmed that Captain Tolbert continued with a work schedule after cancellation of the Ops Plan, that he learned of this through Lieutenant Brummett, that they had to work 2 week-ends a month and 2 nights a week. Agent Serrano stated he knew of the events calendar for the office and that events were scheduled as far as New Year's due to the fact that he had wanted to take leave for New Years. Agent Serrano stated that Dec. 30 and 31 were blocked but that there was no event but he had been instructed that he could not take leave when any events were scheduled on the calendar.
Agent Serrano stated that he received an e-mail to change squads per Captain Tolbert, he received an e-mail on May 4 advising him he was changing squads May8, 2009. (Exhibit 13)
Agent Serrano was not given a reason by Captain Tolbert for the change in squad assignments. He was moved form Pasco to Hillsborough and an agent from Pasco was moved to fill the vacancy in Hillsborough. Agent Serrano stated that he was familiar with the licensed premises in Pasco, that he was able to travel without looking up the locations as he had to do when moved to Hillsborough.

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Agent Serrano stated that Captain Tolbert said "the reason he was coming down to the Tampa office is he needed control and he was going to gain control of the Tampa office."
Name and Position: Matt DiPietro, Law Enforcement investigator II Location: Tampa District Office Date: October 20, 2009
In a sworn, recorded statement obtained October 20, 2009, Agent DiPietro related the following:
Agent DiPietro has worked for the Division for approximately 5 Vz years and has a total of approximately 20 years of law enforcement experience. Agent DiPietro's immediate supervisor is Lt. Merrill.
Agent DiPietro stated he was at Piranha's the night of September 5, 2009, that he was near the back door of the state vehicle, that Captain Tolbert was near a wall near the front of the vehicle. The two groups of people were jumping around and yelling, ready to fight. Agent DiPietro heard Captain Tolbert yeil "hey hey" to the crowd and Agent DiPietro started walking toward the crowd, identified himself as law enforcement and flashed his light at them. He noticed Lt. Merrill right behind him with his asp drawn. As Agent DiPietro looked back to see who was with him, he observed Captain Tolbert moving toward the back of the car, retreating away from the fight.
Agent DiPietro .stated that Tampa PD uniformed officers appeared on the scene as the crowd was dispersing. Agent DiPietro observed Captain Tolbert standing at ' the back of the state vehicle. Agent DiPietro stated it was his duty as a law enforcement officer, that it was a very large crowd that looked like it was going to turn violent. Captain Tolbert did not provide any leadership or guidance.
Agent DiPietro confirmed that agents were instructed that they could not work more than 8 hours, that this made it more difficult to work on their assigned cases in addition to the special functions they were being scheduled to work such as LPI Thursday and night assignments which generated more paperwork leaving no time to work their complaints.
Agent DiPietro confirmed that in his 9 years of experience none of the events • scheduled by Captain Tolbert could be considered an emergency situation. Agent DiPietro went on to explain that he would have considered an emergency a ..business .operating.without a.license or a.Mrrjcane. detail, .Nope of.the work assigned to agents by Captain Tolbert was anywhere near ah emergency situation.
Agent DiPietro stated that Captain Tolbert told agents in a meeting'that his Summer to Fall Sweep was canceled because it was on the wrong form. Approximately one week lateranother Ops Plan was put out but not on paper, that agents were told what they would be working.

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Agent DiPietro stated that when he returned from vacation he was made aware that the activity calendar had agents assigned to work every Friday and Saturday night for the next 10 weeks and at some point some of the week-ends were removed.
Agent DiPietro confirmed that Captain Tolbert would tell agents they were on an 8 to 5 schedule and that they should work an 8 hour shift. Agent DiPietro stated that was not an efficient use of the agent's time, Agent DiPietro stated that if an agent did not have the approved time off before an event was placed on the activity calendar agents could not get off. Agent DiPietro stated that due to the fact that the activity calendar continued to fill up with events months in advance he requested leave for 2010.
Agent DiPietro confirmed that he was instructed there was a 50% rule by his lieutenant who stated it was from Captain Tolbert.
Agent DiPietro stated that Captain Tolbert did not like off duty work in that it was abused, that ABT work comes first and he did not want to see any interference with ABT work. Captain Tolbert went on to advise Agent DiPietro that they did not have jurisdiction for doing traffic construction details.
Agent DiPietro explained that 2 months prior to the Summer to Fall Sweep, Lt. Merrill had scheduled vacation and asked Agent DiPietro if he would cover his off duty detail for the time he was on vacation. Agent DiPietro agreed, there was nothing scheduled at that time. The Ops Plan came out at a later date scheduling Agent DiPietro to work. Agent DiPietro worked the off duty detail which had been approved prior to the Ops Plan. Captain Tolbert advised Agent DiPietro that his Ops Plan took priority despite the fact that the Ops Plan came out about a month after Agent DiPietro was approved to work the detail. Agent DiPietro stated that Captain Tolbert spent a significant amount of time investigating the matter, that Agent DiPietro had to write up a memo documenting the situation and interviewing lieutenants. Captain Tolbert warned him that it would he would write him up if it happened again.
Agent DiPietro stated that Captain Tolbert did not allow him to go out and work following an off duty detail as he had in the past. Agent DiPietro referred to the work scheduled on,the activity calendar as "busy work".
Agent DiPietro stated that at the last meeting Captain Tolbert told agents there will be times when there is a need to know basis and explained that agents could be sent to an event or to work an undercover assignment and that the Captain would do the intel and gathering of information, that agents would be told when they get ..to the scene .what they are, doing,.. Agent DiPietro. feels thisjs .a. huge, officer safety, issue that it was dangerous and that agents need time to prepare their approach when working undercover
Agent DiPietro stated that agents would try to suggest things in the staff meetings but that Captain Tolbert would not allow agents to make a suggestion, it had to be his way.
Agent DiPietro described an incident where he was talking to Captain Tolbert who' described agents as pampered because they did not work week-ends, that their

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. job is not very special, that they should not be called "special agents", that they should be called "beverage agents" because nothing that agents do is special.
Agent DiPietro stated that Captain Tolbert advised agents that if they did not like what was going on they should look for another job.
Agent DiPietro stated that he talked to Captain Tolbert about issues he had in the office with regard to Lt. Brummett in the hopes that Captain Tolbert would help resolve the issue and as time went on Agent DiPietro felt as though Captain Tolbert was looking for information on how the office was being run and the problem with Lt. Brummett worked out
. Agent DiPietro stated that Captain Tolbert told him he had no concerns about the PBA and that the PBA doesn't dictate how he runs his office
Agent DiPietro stated that Captain Tolbert told him probation didn't matter, that he could get someone fired whether or not they were on probation in responding to Agent DiPietro's issues with Lt. Brummett at the time Lt. Brummett was on probation.
Agent DiPietro stated he discussed a situation involving a friend's vehicle with the Captain who proceeded to tell Agent DiPietro that his first impression of him was good, that he didn't want to get on his bad side.
Agent DiPietro stated that he could not ask for Saturday and Sunday'off without taking a Friday or Monday off, that Captain Tolbert told agents they had to take annual leave to have the week-end off.
Agent DiPietro stated that Captain Tolbert advised agents he was going to move agents and lieutenants around the squads and that this was one office and he could move people around. Agent DiPietro explained that the Tampa office covered a large area and it was not efficient to move agents to work in an area that was a long distance from their home but that Captain Tolbert1 s response was "you'll work where we tell you to work".
Agent DiPietro stated that he had never seen anything like this, in the 4 months that Captain Tolbert was here how upset and stressed everyone was.
Agent DiPietro stated during one of the personal conversations he had with Captain Tolbert about Lt. Brummett's actions being hostile towards him, Captain Tolbert asked him to stop saying hostile work environment because there is no hostile work environment.
Name and Position: Keith Hamilton, Law Enforcement Lieutenant Location: Tampa District Office Date: October 20, 2009
In a sworn, recorded statement obtained October 20, 2009, Lt. Hamilton related the following:

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Lt. Hamilton has worked for the Division for approximately 19 years, and has been a supervisor for approximately 7 of those years,
Lt. Hamilton stated that he was present when Agent O'Brien discussed the issue of family planning with Captain Tolbert and that Captain Tolbert's response was "if there is something available in the office in the way of office duties that would not take away from the three AAll's in the office".
Lt. Hamilton sent an e-mail on August 30, 2009, to his squad advising them they would be working the night of September 3, 2009, and stated that he was not instructed by Captain Tolbert. When asked why he gave agents such short notice Lt. Hamilton replied "It's within my prerogative to do that."
Lt. Hamilton stated that he was never provided with a letter from Secretary Drago to the PBA and further explained he has never seen any communication between the Secretary and the PBA. This investigator showed Lt Hamilton a copy of the letter referred to and Lt. Hamilton reiterated that he had never seen this letter but then stated he wanted to re-tract and could not say for certain he had seen the letter, possibly had seen an e-mail in reference to the cancellation of Captain Tolbert's Ops Plan.
Lt. Hamilton stated that Captain Tolbert's explanation to him as to why the 12 week Ops Plan was canceled was due to the fact it was the form, it should have been on the 5 page Ops Plan and that's why it was being canceled, it was a violation of policy on the Ops Plan that was being used.
Lt. Hamilton stated that he required agents on his squad to provide him with their weekly activities for dashboard and for Captain Tolbert to keep a district login order for the Captain to respond to dashboard.
Lt. Hamilton stated it was. his understanding that Captain Tolbert instructed agents that they were not to plan to work more than 8 hours days but that it was acceptable for their supervisors to schedule them to work more than 8 hour days, that it was a safety issue and that Captain Tolbert did not want agents to work their hours earlier in the pay period and then take the last week of the pay period off.
Lt. Hamilton confirmed that Captain Tolbert advised him there was a 50% rule.
Lt Hamilton stated' that he has run his squad the same way he has since 2002 when he was promoted to supervisor. Lt. Hamilton stated prior to Captain ....Tolbert's arrival, there were, .problems in the. off ice. over which, squads .were ...doing more work. Lt. Hamilton stated he went to Captain Tolbert and advised Captain Tolbert that he was putting a lot of pressure on his squad because they had been doing the work, but that'Captain Tolbert's idea was to get everybody to work rather than going to the individual supervisor that was not making his agents work.
Lt. Hamilton stated that the activity calendar was not in place prior to Captain Tolbert, that it was Captain Tolbert's way of trying to have control over the office. Lt Hamilton stated that this would ensure there were agents available to work specific events.

INVESTIGATIVE REPO,,, Case Number: 2009-069-IR Page 24 of 68
When asked why he did not give Agent O'Brien the holiday ieave Lt. Hamilton replied that the reason was it came down to the 50% rule, that someone else had asked and that seniority rule came into effect. When asked why this conflicted with his e-mail dated May 25, 2009, wherein he stated "I only have two people requesting ieave in December around Christmas. All other request will be on a. first come basis." Lt. Hamilton replied that Captain Tolbert put in the seniority rule and that was the reason.
Investigator's Note: Lt. Hamilton's e-mail dated 9/3/09 at 3:05 p.m. advising Agent O'Brien her leave is no longer approved is the same day that Captain Tolbert met with PBA Rep. Ham.
When questioned about off duty Lt. Hamilton stated that Captain Tolbert advised him that agents had no traffic authority and that there would eventually be trouble with the department
(
Lt. Hamilton stated that he could not recall anytime in his 9 years as a supervisor wherein agents were asked to come to work and would not know what they were doing during an investigation other than in an emergency such as hurricane detail or in working with another agency.
Lt. Hamilton stated that it was his opinion that Captain Tolbert was trying to get everyone to work and to get a baseline of what everyone was doing in the district and to move agents to different squads for various reasons.
Lt. Hamilton stated that he met with Agent Sappnara along with Captain Tolbert, that they discussed Agent Saponara's retirement from a 28 year career and that there was a play on words but that he could not recall the details.
Name and Position: David Merrill, Law Enforcement Lieutenant Location: Tampa District Office Date: October 20, 2009
In a sworn, recorded statement obtained October 20, 2009, Lt. Merrill related the following: .
Lt. Merrill has worked for the Division for approximately 20 years, and has been a supervisor for approximately 18 of those years.
Lt. -Merrill steteef he has 18 years of experience as. a supervisor for the Division:'
When.askeq if..he..felt.the. response..made .by. Captain .Tolbert_that "they would
attempt to find something for her to do but that she would have to make other arrangements if they couldn't" made to an agent when she asked about starting a family, Lt. Merrill replied that this was not an appropriate response.as a supervisor.
Lt. Merrill stated that the night of September 5, 2009, he was at Piranha's when a large crowd appeared to be on the verge of a physical altercation, that Agent Taylor had an arrestee, that they were standing around his state issued vehicle and Agent Taylor was using the trunk for writing paperwork.

INVESTIGATIVE REPO,,, Case Number: 2009-069-IR Page 25 of 68
Lt. Merrill stated that some' individuals in the crowd were pulling at their waistbands so he started towards the crowd along with Agents Capps, Jarvis, , Dykes and DiPietro, that Lt. Merrill felt it was his duty to act as a police officer and a supervisor. Lt. Merrill looked back at one point and observed Captain Tolbert next to the wall near the vehicle. Lt. Merrill stated that if he had not taken action someone could have been hurt. Lt. Merrill stated he and other agents were yelling to the crowd to break it up, that it would not have been possible for Captain Tolbert to have not been aware of the group.
Lt. Merrill stated that he assisted Agent Taylor with her evidence before the fight broke out and there was no issue with the prisoner.
Lt. Merrill stated that agents were told by Captain Tolbert that they could not work more than 8 hour days, that the lieutenants advised Captain Tolbert that they were on a 160 flexible time schedule and, depending on the agents' investigation, were allowed to work. Captain Tolbert's response was that there were people around the state taking off the last 2 weeks. Lt. Merrill stated that in.his 18 years of supervision the agents he supervised did not abuse, that there was no reason to implement this rule.
Lt. Merrill stated that agents were told by Captain Tolbert their core hours are 8 to 5. Lt. Merrill explained that as a supervisor he assigns the agents their cases and knows what they are doing, that he gives them the freedom to do their job, that they know what they peed to do and if they have a problem they call him. It is 'Lt Merrill's opinion that was Captain Tolbert's control tactic..
Lt. Merrill stated Captain Tolbert advised him it was his preference to'have no more than 50% of the agents off, and that Captain Tolbert attributed this to a situation he had in Tallahassee when everyone was off.
Lt. Merrill stated that agents were placed on work schedules on June 18, 2009, when the Summer to Fall Ops Plan was submitted to begin July 10, that agents would plan LPI's and conduct major research in the office and Thursdays were inspection days and that Captain Tolbert's reasoning was to get a baseline.
Lt. Merrill stated that Captain Tolbert gave him the reason for cancellation of the Summer to Fall Ops Plan as a policy and form issue. Lt. Merrill stated that he knew the Ops Plan was cancelled as a result of Secretary Drago's letter and the fact that the Ops Plan was a schedule. Lt. Merrill received a copy of the letter from agents through the PBA.
Lt. Merrill stated that on September 8, 2009, Captain Tolbert advised they would
still. be.cpnducting.pre:planned inspedions; and ..continue nights and_ week-ends.
Lt. Merrill explained that in past years they worked the 6 USF football games each year but that they would allow agents to pick 3 games each so that agents wouldn't have to work all games: Lt. 'Merrill stated that when he returned from vacation everyone was scheduled to work the USF games and not only the games but surveys also in the area-of the stadium.
Lt. Merrill stated every Thursday, Friday and Saturday night in October was planned to work Howl-o-scream. Lt. Merrill stated that this event had never been an issue, that they had never had complaints out of this event.

INVESTIGATIVE REPO,>, Case Number: 2009-069-IR Page 26 of 68
Lt. Merrill stated the Tampa office never had anything similar to the 12 week Ops . Plan implemented by Captain Tolbert and that he had never heard of any such thing during his career with the agency.
Lt. Merrill stated that Captain Tolbert does not like agents to work off duty and that he was pushing to change the hours for off duty work from 32 to 20 hours per week. It is Lt. Merrill's belief that agents are scheduled to work Thursday, Friday and Saturday nights to prevent them from working off duty.
Lt. Merrill stated that Captain Tolbert told agents their time did not start until they got to the office. On September 5, 2009, his squad was instructed to meet at the office to conduct surveys rather than in the field which meant their time did not start until they arrived at the office.
Lt. Merrill stated that Captain Tolbert told the lieutenants and agents in a meeting that there would be times when agents would not have any notice where or what the event is because "people are leaking the information out and sending it to the union". Lt. Merrill stated he never heard of such a thing and felt that was an officer safety issue, that agents would not have the opportunity to be prepared.
Lt. Merrill stated that Captain Tolbert commented he did not like the PBA and that he had enough connections in Tallahassee that he had the backing of Tallahassee he would do what he wanted to do. Captain Tolbert has also told him that he felt we did not come under the contract, that the 14 day notice did not apply to us at ABT. This statement was made after Secretary Drago's agreementwith the PBA.
Lt. Merrill stated that he-heard Captain Tolbert tell agents many times, that all the complaining going around and contacting the union, if people don't like it there are plenty of people out there that need jobs so maybe we can find somebody else who wants the job. Lt. Merrill interpreted that as a threat and that in his 18 years as a supervisor that was not appropriate.
Lt. Merrill stated that on Friday, August 7, 2009, Captain Tolbert called him into the office concerning a complaint at a bar that was referred by Hotels & Restaurants. Lt. Merrill advised Captain Tolbert that he and his agents had worked since 8 a.m. that morning on the evidence vault so they couldn't work that night due to the fact they were not allowed to work split shifts. Captain Tolbert instructed Lt. Merrill to go out to the bar with him and Lt. Garzon that night despite the fact Lt. Merrill had recently been there 3 times. Captain Tolbert further stated that agents can work anytime we need them'to, Lt Merrill advised Captain Tolbert his agents were scheduled to work the following morning. Captain Tolbert advised him that he was .... tired qfa.ll.the complaining and the.rumorsJn_ the_office djrected at him and that he (Captain Tolbert) was the subject of a hostile work environment^
Lt. Merrill stated that when Captain Tolbert first arrived he did everything he could to make Captain Tolbert's job easy, he had no hidden agenda and understood why the agency moved Captain Tolbert to Tampa. Lt. Merrill stated on May 22, 2009, he went to Captain Tolbert to advise him of issues with Agent Jarvis that he had handled and that the problem had stopped. On July 13, 2009, Captain Tolbert asked Lt. Merrill to write a memo of.what was discussed regarding the problem with Agent Jarvis, that this information was taken and included in the action

INVESTIGATIVE REPO,,, Case Number: 2009-069-IR Page 27 of 68
against Agent Jarvis despite the fact that Lt. Merrill had handled that particular issue. Lt. Merrill stated that he felt Captain Tolbert was going after certain people because of the comment Captain Tolbert made that he thought Lt. Merrill's people were too loyal to- him and he was too loyal to his agents.
Lt. Merrill stated that in a meeting in August 25, 2009, Captain Tolbert advised him they would still conduct pre-planned LPI's, continue working Friday and Saturday nights once or twice a month, that agents were provided with a 5 week Ops Plan to begin November 6, 2009. During this August 25 meeting Agent Dykes brought a recorder into the meeting, that it was brought to Captain Tolbert's attention about 20 minutes into the meeting and the tape was taken from Agent Dykes. Captain Tolbert advised Lt. Merrill that Tallahassee said they could not tape meetings.
Lt. Merrill explained that as a supervisor his job should be as a liaison between the agents and the captain, to direct and guide agents if needed.
Lt, Merrill stated that he had vacation scheduled in July, that in April he had asked Agent DiPietro to work an off duty for him. At this time he had not been provided with the Summer to Fall Ops Plan. Agent DiPietro worked the off duty detail in Lt. Merrill's place as they planned. Lt. Merrill received an e-mail from Captain Tolbert with regard to the off duty detail Agent DiPietro was approved to work. Captain Tolbert told Lt. Merrill that "he would deal with him when he returns from leave." When It. Merrill returned from vacation he was called into Captain Tolbert's office on August 7, 2009, regarding the off duty detail, that Lt. Merrill advised Captain Tolbert he had approved for Agent DiPietro to work off duty. Captain Tolbert's reply was that the Ops Plan takes precedence, Lt. Merrill stated that he understood.
On September 4, 2009, Captain Tolbert issued Lt. Merrill an Area of Concern-with regard to the off duty incident. Lt. Merrill stated that he thought the matter had been resolved when they met August 7 and felt that Captain Tolbert was trying to build a case against him following the mail theft issue.
Lt. Merrill stated that the night of September 5, 2009, Captain Tolbert called him over and asked him if Agent DiPietro was alright to work, that because of the situation he had to come away from what he was doing. Lt. Merrill stated that he had settled the situation with Lt. Garzon and Agent DiPietro, Lt. Merrill felt this was another situation he had settled and that Captain Tolbert was retaliating'on. Captain Tolbert advised Lt. Merrill he will not have an agent not follow an order from Lt. Garzon, that he would deal with this Tuesday, that he was getting the names of all the people who have been going to the union and contacting people outside this office and deal with them individually in the next couple weeks to solve
problems,... At.this..ppint.Lt Merrill.statejd_he fe)t_that_he and the agents in the office
were being targeted, that he had already received an area of concern and this was another example .of Captain Tolbert wanting to go after him and other agents.
Lt. Merrill stated he had a squad meeting after the agents received the letter and that they wanted to go to the media, however, he convinced the agents to let him' handle the matter through an e-mail dated September 6, 2009 to the Chief' of Staff Charles Liem. (Exhibit 14) Lt. Merrill stated they were at the point that the agents felt intimidation threats and that they needed help:

INVESTIGATIVE REPO.,, Case Number: 2009-069-IR Page 28 of 68
Lt. Merrill stated Captain Tolbert would not allow lieutenants to do their job, that Captain Tolbert would make up a work schedule and that agents were moved to different squads but that lieutenants were never asked for input.
Lt. Merrill stated that they advised Captain Tolbert agents were not able to complete their investigations in the 45 days required by the Division due to the fact that the scheduling prevented them from working their complaints, that Captain Tolbert's response was the Ops Plan was the priority.
Lt. Merrill stated that after the Ops Plan was canceled, Captain Tolbert retaliated against the agents by scheduling when they could work.,
Lt Merrill stated that Captain Tolbert drove around the different counties to find . complaints and that he went to a bar where he observed individuals smoking marijuana but did not take any action. Lt. Merrill stated he received this complaint from Captain Tolbert in writing. Lt Merrill stated that by statute Captain Tolbert should have taken action as a police officer.
Lt. Merrill stated that Captain Tolbert told all four lieutenants that he was going to recommend the Tampa office go on permanent shifts because of the complaining to the.Union, that 2 squads would be 6 p.m. to 2 a.m. and 2 squads on days and that would be rotated every 28 days.
Lt. Merrill stated that Major DeCoursey never dealt with these issues.
L.t Merrill produced a copy of a printout of the activity calendar which showed the reason for cancellation of the Ops Plan was a "form issue". (Exhibit 15)
Lt. Merrill stated that the treatment received by the agents in the Tampa office, there was no need for that, you don't treat people like that, that after about a month he realized Captain Tolbert came in1 with the attitude that they didn't do anything and that Captain Tolbert didn't understand that micro-managing people only causes them to do what they have to and that is all. •
Name and Position: Casey Simon, Law Enforcement Investigator II Location: Tampa District Office Date: October 28, 2009
In a sworn, recorded statement obtained October 28, 2009, Agent Simon related the following:
_... Agent Simon .hasjbeen with.lhe_Diyjsiqn_approxjmately__5 years. Agent Simon's
supervisor is Lt Hamilton.
Agent Simon stated that he was not provided with an Ops Plan for the bus detail to the Honeypot, that his officer safety concern was the manner in which he was pulled off the bus to identify which individuals had been drinking, that he later advised Captain Toiberf that he works that county and it may pose problems for . him, that one bus rider stated he had taken his photo and published it on
Facebook. Captain Tolbert's response was. that is part of their job and they will be in that situation.

stand by, will post the rest soon

Does this Tolbert work for DEP/DLE ?????

If so,what does he do ???????????

Does this Tolbert work for DEP/DLE ?????

If so,what does he do ???????????

He is now a LT with DEP under Cave. These two destroy all they touch. BEWARE I am sure that they are trying to keep his employment quite due to this IA. You should also know the Greg Gibson is fully aware of all this and they hired tolbert any way.

Scott Peters- What's the matter? Is the world out to get you again?

Merge and purge these worthless and redundant state agencies. All of the in fighting and the gypsy cops that bounce from agency to agency spreading their wrath. Please Mr. Congressman, when it coems to state law enforcement agencies MERGE and PURGE

Merge and purge these worthless and redundant state agencies. All of the in fighting and the gypsy cops that bounce from agency to agency spreading their wrath. Please Mr. Congressman, when it coems to state law enforcement agencies MERGE and PURGE

P.S. Mr Congressman, please make it mandatory that anyone who is unable to spell or complete a proper sentence be forced to go back to school regardless of their age.

Merge and purge these worthless and redundant state agencies. All of the in fighting and the gypsy cops that bounce from agency to agency spreading their wrath. Please Mr. Congressman, when it coems to state law enforcement agencies MERGE and PURGE

Dear Mr Congressman, please get rid of City and County cops. There are jurisdictional issues with them, infighting, and gypsy cops that bounce from agency to agency spreading their wrath. Please Mr Congressman, when it comes to City and County law enforcement, merge and purge.

Does this Tolbert work for DEP/DLE ?????

If so,what does he do ???????????

He is now a LT with DEP under Cave. These two destroy all they touch. BEWARE I am sure that they are trying to keep his employment quite due to this IA. You should also know the Greg Gibson is fully aware of all this and they hired tolbert any way.


I don't know an agency that would hire anyone that was under internal investigation. In fact, I know a DEP officer applicant that was put on hold until his internal was complete. You might be mistaken. However, if you aren't mistaken, it is more cronyism. It gets pretty disgusting after awhile. After all it is not what you know, it is who you know. Was this position put up for DEP officers to try for?

Does this Tolbert work for DEP/DLE ?????

If so,what does he do ???????????

He is now a LT with DEP under Cave. These two destroy all they touch. BEWARE I am sure that they are trying to keep his employment quite due to this IA. You should also know the Greg Gibson is fully aware of all this and they hired tolbert any way.


I don't know an agency that would hire anyone that was under internal investigation. In fact, I know a DEP officer applicant that was put on hold until his internal was complete. You might be mistaken. However, if you aren't mistaken, it is more cronyism. It gets pretty disgusting after awhile. After all it is not what you know, it is who you know. Was this position put up for DEP officers to try for?

Of course it was not put out for all internal people to apply.

Actually I do seem to recall Mona sending out an announcement. I heard no one put in but dont know for sure





Does this Tolbert work for DEP/DLE ?????

If so,what does he do ???????????

He is now a LT with DEP under Cave. These two destroy all they touch. BEWARE I am sure that they are trying to keep his employment quite due to this IA. You should also know the Greg Gibson is fully aware of all this and they hired tolbert any way.


I don't know an agency that would hire anyone that was under internal investigation. In fact, I know a DEP officer applicant that was put on hold until his internal was complete. You might be mistaken. However, if you aren't mistaken, it is more cronyism. It gets pretty disgusting after awhile. After all it is not what you know, it is who you know. Was this position put up for DEP officers to try for?

Of course it was not put out for all internal people to apply.

You seem to be mistaking. There was no announcement. We got the announcement he had been hired.


Actually I do seem to recall Mona sending out an announcement. I heard no one put in but dont know for sure





Does this Tolbert work for DEP/DLE ?????

If so,what does he do ???????????

He is now a LT with DEP under Cave. These two destroy all they touch. BEWARE I am sure that they are trying to keep his employment quite due to this IA. You should also know the Greg Gibson is fully aware of all this and they hired tolbert any way.


I don't know an agency that would hire anyone that was under internal investigation. In fact, I know a DEP officer applicant that was put on hold until his internal was complete. You might be mistaken. However, if you aren't mistaken, it is more cronyism. It gets pretty disgusting after awhile. After all it is not what you know, it is who you know. Was this position put up for DEP officers to try for?

Of course it was not put out for all internal people to apply.

No, there was an announcement. Call Mona. She can resend it to you if you would like to see it again.

No, there was an announcement. Call Mona. She can resend it to you if you would like to see it again.


So there was an LT position and no one applied, except an ABT member? Incredible. No one wanted LT pay who was a DEP member?

Was Cave's position advertised? He was from ABT too, wasn't he? No one probably wanted Chief pay? Or is Chief a crony only position like working on the Sheriff's staff?

Here is more of the IA

INVESTIGATIVE REPOu, Case Number: 2009-069-IR Page 29 of 68
Agent Simon stated there were some meetings in which Captain Tolbert was discussing office changes and told agents "if you don't like them you can always seek employment elsewhere",
Agent Simon stated the agents did not have work schedules prior to Captain Tolbert's 12 week Summer to Fall Ops Plan, that the Ops Plan created problems for him in that he did not have time to work on his assigned cases and that at one time he had close to 40 open complaints.
Agent Simon stated shortly after agents were notified by the PBA that Secretary Drago had rescinded the Ops Plan, the following week-end'Captain Tolbert told agents in a meeting that the Ops Plan was rescinded because it was on the wrong Ops Plan form.
Agent Simon stated that he was familiar with the District 3 Activity Calendar, that he had kept the calendar for Captain Blair and that it had been used to note receipt of subpoenas and information on the subpoena, that Captain Tolbert took that out and filled the calendar with events with no notice to the agents.
Agent Simon stated agents were instructed in a meeting held by Captain Tolbert that they were not to work more than 8 hour days by Department of Management Services (DMS) policy but that this restriction was not in place prior to Captain Tolbert's arrival.
Agent Simon stated that they were told on multiple occasions to check the activity calendar and that it was a replacement for the 12 week Ops Plan.
Agent Simon stated that in a meeting Captain Tolbert stated he did not agree with off duty, that our powers did not allow us to work off duty in the manner in which agents were working, that Captain Tolbert stated he was not going to approve any off duty, that he would send requests directly to the Major.
Agent Simon stated that he was told the night of the bus event to the Honeypot, by Captain Tolbert, that it was a security issue because the information was being leaked out on different websites and told to different people so that agents would . not be informed in advance of what they would be doing. Agent Simon stated he believes occupancy at the Honeypot is over 500 individuals.
Agent Simon stated that officer safety issues were brought, up to Captain Tolbert in a meeting, that he could not recall Captain Tolbert's exact response but that he did recall Captain Tolbert was not happy.
Agent Simon stated that he requested leave for the Christmas holiday and that he'
would provide a copy of the e-mail showing the date he requested and the date it
was approved. (Exhibit 16)
Investigator's Note: Agent Simon requested holiday leave on September 3, 2009, at 2:59 p.m. Lt. Hamilton approved Agent Simon's request on September 3, 2009, at 3:04 p.m., the same date that PBA Rep. Ham met with Captain Tolbert with regard to Agent O'Brien's grievance and on that same date Agent O'Brien's holiday leave was disapproved at 3:05 p.m. after having been approved since May 26, 2009.


INVESTIGATIVE REPOK, Case Number: 2009-069-IR Page 30 of 68
Name and Position: Harold Wilson, Law Enforcement Investigator II Location: Tampa District Office Date: October 28, 2009
In a sworn, recorded statement obtained October 28, 2009, Agent Wilson related the following:
.Agent Wilson has been with the Division approximately 3 years and has a combined approximate 14 years of law enforcement experience. Agent Wilson's supervisor is Lt. Merrill.
Agent Wilson stated that he has heard Captain Tolbert state in several meetings that "if you're not happy here you need to look for another job". Agent Wilson stated in his approximate 14 years of law enforcement experience he never experienced a supervisor that would say things to that effect.
Agent Wilson stated he was familiar with Captain Tolbert's 12 week Ops Plan, that nothing like that was in place prior to Captain Tolbert, that agents had always been given the flexibility to work the hours to accommodate their investigation, but that the Ops Plan took away this flexibility. Agent Wilson referred to the Ops Plan as a mandatory schedule, that agents were seen more in the public and hampered their ability to work undercover.
Agent Wilson stated that he is familiar with the District Activity Calendar, that it definitely took the place of the 12 week Ops Plan due to the fact these were random assignments just to occupy the agents time, that this created a problem in that he would not know what days he had off, that agents were told by Captain Tolbert anytime he needed them to work, they would work. Agent Wilson stated agents never knew when events would be added to the calendar but it seemed to be on a daily basis.
Agent Wilson stated that Captain Tolbert has made it clear in meetings that he does not like off duty work.
Agent Wiison stated that Captain Tolbert instructed agents in a meeting that they could be called to work but won't be given an opportunity to pre-plan. Agent Wilson felt this to be a dangerous situation, that it was important for the agent to know what to wear or if they have already been to that location and should not return, that it seemed a dangerous thing to do and that all his investigations he was told in.9d.yance..so_he..cpu.id..plan.thlngs put in his.mind..ahead[of time, that mistakes could be made when not told until arriving at the location.
Agent Wilson stated that Agent Morffi toid Captain Tolbert that due to the heat there was an officer safety issue, that Captain Tolbert's response was that he didn't really'care about the safety issues brought up and that Agent Morffi should call another department, that he doesn't recall the name of the department
Agent Wilson stated that ha was at Piranha's the night of September 5th when the fight broke out, that he was assisting Agent Taylor with- her evidence at the rear of


INVESTIGATIVE
Case Number: 2009-069-IR
Page 31 of 68
Lt. Merrill's vehicle, that he noticed the group getting ready to fight, that they were reaching into their pants and verbally yelling at each other, that Agent Wilson moved from the rear to the front of the vehicle and that at that time agents had gotten the individuals to disperse. Agent Wilson stated he did not see Captain Tolbert either with the agents dispersing the fight or next to him at the front of the vehicle.
Name and Position: Jimmy Dykes, Law Enforcement Investigator II Location: Tampa District Office Date: October 28, 2009
In a sworn, recorded statement obtained October 28, 2009, Agent Dykes related the following:
Agent Dykes has been with, the Division for approximately 12 1/2 years. Agent Dykes' immediate supervisor is Lt. Merrill.
Agent Dykes stated he was at Piranha's the night of September 5th, that everyone was meeting at the state vehicie where Agent Taylor was making an arrest when he noticed 20 to 30 people yelling at each other, two individuals had closed fist and making threatening gestures with their hands. Agent Dykes stated he moved from the rear of the vehicle and was approximately 15 to 20 feet behind Agent DiPietro.and Lt. Merrill when they started moving toward the crowd. Agent Dykes saw Captain Tolbert on the passenger side of the vehicle, he heard Agent Capps ask "what are your orders, what do you want us to do". There was no reply from Captain Tolbert and he •observed Captain Tolbert step backwards toward the rear of the vehicle, Two uniformed officers appeared and the crowd dispersed, Agent Dykes observed Captain Tolbert at the rear of the vehicle.
Agent Dykes stated that he was familiar with Captain Tolbert's 12 week'Ops Plan, that it was a very strict schedule and that agents were not to deviate from it. Agent Dykes explained their assigned complaints would require them to work Thursday, Friday or Saturday nights but that the mandatory schedule did not allow for them to work their cases. Agent Dykes stated he asked Captain Tolbert about the Division's policy on completing assigned complaints within 45 days, that Captain Tolbert's response was he would have to work the complaints on week¬ends he was not scheduled to work.
Agent Dykes stated that he heard Captain Tolbert tell agents if they didn't like it they could look for another job.. Agent Dykes stated that made him feel unwanted, that Captain Tolbert did not value his experience as a senior agent in the office.-
Agent Dykes stated he was told by Lt. Merrill, at the end of the night in Ybor City, that Captain Tolbert stated there were problems in the office and he was going to find out which agents had been talking to the union and he was going after them. This made Agent Dykes feel a little worried since he felt it was within agents' right to go to the union when they felt their rights were being violated.
Agent Dykes stated he was in receipt of a copy of the letter from the Secretary to the union stating the Ops Plan would be canceled. Agent Dykes stated that the Ops Plan was not canceled until 5 or 6 days after receipt of the Secretary's letter. •


INVESTIGATIVE REPOu, Case Number: 2009-069-IR Page 32 of 68
Agent Dykes stated the district activity calendar was in lieu of the summer to fall Ops Plan, the calendar scheduled days to do inspections, nights to work, basically the same thing as the Ops Plan.
Agent Dykes stated that there is a lot of controversy about what Captain Tolbert states in meetings. Agent Dykes stated there is a lot of information covered in the meetings, that he recorded the meeting in plain view, that he was asked if the recorder was on and replied yes, that Captain Tolbert had a very angry look on his face. The Captain asked for the tape recorder and turned it off. After the meeting Agent Dykes was called into Captain Tolbert's office.for an approximate 2 hour meeting, that Captain Tolbert returned Agent Dykes tape recorder to him but that Captain Tolbert kept the tape. Agent Dykes stated the tape recorder was state property, the tape was his personal property.
Agent Dykes stated events were planned on the Activity calendar months in advance.
Agent Dykes stated that Captain Tolbert did not believe the PBA had any power, that he did not believe they could dictate to him how he ran his office and made it known he was not going to follow their instruction.
Agent Dykes stated that Captain Tolbert made it obvious during meetings he does not approve of off duty work, when agents had to re-submit for off duty approval Captain Tolbert stated he wasn't going to sign off on any of the requests, that he would send it up the chain.
Agent Dykes stated that Captain Tolbert told agents in a meeting that there would be planned events they would not know anything about, that they would be called and told how to dress and when to show up and that would be the only information they would be given. Agent Dykes stated that was "the craziest thing I ever heard in my life", that as an investigator he wanted to know everything about the situation he would be walking into, the people, the violations, whether to carry a duty weapon, that this was an officer safety concern. Agent Dykes stated he and other agents stated this was an officer safety issue, that Captain Tolbert's response was "this is the way it's going to be, we are going to call you, you are going to show up and that's the way it's going to be."
Agent Dykes confirmed that based on his experience and events that have occurred in the Tampa office since Captain Tolbert's arrival, he has concerns of retaliation from Captain Tolbert.
Name and Position: Khalid Williams, Law Enforcement Investigator II Location: Tampa District Office Date: October 28, 2009
in a sworn, recorded statement obtained October 28, 2009, Agent Williams related the following (this is a supplement to his statement dated October 20, 2009):
Agent Williams stated that on Friday, July 31, 2009, Agent Williams sent Lt. Hamilton an e-mail requesting clarification on whether or not he had to work that


INVESTIGATIVE REPORT Case Number: 2009-069-IR Page 33 of 68
week-end as scheduled under the Ops Plan under the advice of the PBA. Agent Williams stated that he did not receive a response to the e-mail but that Lt. Hamilton told him that he wasn't going to respond to the e-mail so that "he can report him to the PBA and get him jammed up." Agent Williams was not told the Ops Plan was rescinded until the staff meeting, he believed the date to be August 10th, and that agents were told by Captain Tolbert that it was on the wrong form.
Agent Williams stated he was disapproved the first time he requested annual leave, that Lt. Hamilton's e-mail reply was something to the effect that "another agent Teresa O'Brien had beat him to the draw." Agent Williams stated they were told in a squad meeting that they could re-submit their time, that he submitted a request and that it was approved by Lt. Hamilton. Agent Williams submitted a . copy of the e-mail showing the leave was requested on September 3, 2009, and approved on September 3, 2009. (Exhibit 17)
Investigator's Note: Agent Williams requested holiday leave on May 26, 2009, and it was denied on that same date. .Agent Williams was allowed to re-submit his request for holiday leave on September 3, 2009, the same, date that PBA Rep. Ham met with Captain Tolbert with regard to Agent O'Brien's grievance and on that same date Agent O'Brien's holiday leave was disapproved at 3:05 p.m. after having been approved since May 26, 2009.
Name and Position: Sam Funaro, Law Enforcement investigator II Location: Tampa District Office Date: October 28, 2009
In a sworn, recorded statement obtained October 28, 2009, Agent Funaro related the following:
Agent Funaro has been with the Division approximately 16 years. Agent Funaro's immediate supervisor is Lt. Brummett, prior to that was Lt. Garzon.
Agent Funaro stated that he was in a squad meeting with Captain Tolbert when Captain Tolbert abruptly said to Agent Morffi "you called Miami" and Agent Morffi responded that he did not. Captain Tolbert again made the allegation and he and the other agents in the room wondered what was going on and thought it was unusual that Captain Tolbert would make an assertion that Agent Morffi was calling another office. Agent Funaro described Captain Tolbert's behavior as "kind of irrational", that he raised his voice, his face got red and he was a little out of control."
Agent Funaro. confirmed he heard Captain Tolbertjell agents in a staff meeting
something to the effect that those agents that are positive will be rewarded and the
agents that are negative and cause problems, he'll get rid of them. Agent Funaro
stated this'rriade him feel'lntimidated.
Agent Funaro stated there were no work schedules prior to Captain Tolbert's 12 week ops plan, that the hours the agents worked were dictated by the cases they had, the nature of the case and when the crime/activity occurred.


INVESTIGATIVEREPO,,, Case Number: 2009-069-IR Page 34 of 68
Agent Funaro stated Captain Tolbert explained the District Activity Calendar to the agents during a staff meeting and that the District Activity Calendar took the place of the 12 week ops plan because amount of the e-mails he received on the schedule of events to occur after that meeting with the Captain. Agent Funaro produced copies of e-mails of scheduled events to include the Youth Alcohol Mandated Surveys not due until June 30, 2010. Agent Funaro stated that the activity calendar and e-mails was just another way of circumventing a schedule (Exhibit 18).
Agent Funaro stated that that Captain Tolbert advised agents they may be called
to work but wouldn't know the location until the last minute Agent Funaro stated
• that it was necessary to discuss the event with the investigator so they could plan,
conduct research on the activity that there needs to be planning before each event
and that he thinks it is a grave officer safety issue. Agent Funaro stated that has
never been the practice and that is why the agency has an Ops Plan. /
Agent Funaro stated that prior to Captain Tolbert's arrival agents could work their investigations, that agents were given flexibility in working their cases and it appeared to him Captain Tolbert was only interested in making underage possession cases which would bring him the most stats. Agent Funaro stated his assigned cases went stale in that the activity that was there when the case was called in was no longer there and a lot of them were over the 45 day mark,
Agent Funaro stated that it was a "harsh environment" under Captain Tolbert and knowing there were ethical concerns in the office and knowing the Captain was involved.
Name and Position: Bryan Brummett, Law Enforcement Lieutenant Location: Tampa District Office Date: October 28, 2009
In a sworn, recorded statement obtained October 28, 2009, Lt. Brummett related the following:
Lt. Brummett has been with the Division approximately 7 1/4 years and a supervisor for approximately 1 1/2 years.
Lt. Brummett stated that he worked the bus event to the Honeypot, that he was told at 3 p.m. that day to show up at 8 p.m. and it was his opinion that the was put together at the last moment and no thought was given to officer safety issues, that the agents getting on the bus weren't told they were getting on the bus so they
..., were..not.prepared fpr.the event, that there was.no Qps_Plan. There were
approximately 24 arrests that night Captain Tolbert oversaw the operation.
Lt. Brummett stated that as'a former'retired Air Force Lt. Colonel he believes it to be a "...horrible management process and a horrible way to lead your people". Lt. Brummett stated that in one of his many "counseiings" he got from Captain Tolbert, Captain Tolbert told him he would "make him a good manager someday". Lt. Brummett then advised Captain Tolbert that he was retired Air Force-and had undergone more leadership training than anyone in the Division, that "you don't . manage people, you manage paperclips, you lead people by setting the example".


Lt. Brummett confirmed he had heard Captain Tolbert tell the agents and more than once told the lieutenants that "those agents that are positive will be rewarded and those that are negative and cause problems he will get rid of them.' Lt. Brummett stated the employees in the Tampa office had excellent stats prior to Captain Tolbert's arrival, that agents should have been encouraged to work • harder, this type of comment did not foster good leadership skills, it did not foster confidence in your leadership's management or the support needed from people to do the job.
Lt. Brummett confirmed he was familiar with the 12 week Ops Plan, that there was nothing in place like that prior to Captain Tolbert's arrival. Lt. Brummett stated the Ops Plan forced agents to be out in large numbers at times when there was nothing to do, therefore it was not productive, that there are hundreds of events in the Tampa area and there was no need to schedule people to go out on a Friday or Saturday night because it was that squad's turn to be out that night.
Lt. Brummett stated that Captain Tolbert told agents the Ops Plan was canceled due to the fact it was on the wrong form, that lieutenants were advised that they would continue to have agents conduct inspections one day a week, and they would continue to go out on Friday and Saturday nights. Lt. Brummett stated the activity calendar had events scheduled for months in advance, from May or June through New Years Eve and Gasparilla in late January or February, however, every week-end in October were scheduled for Howl-O-Scream.
Lt. Brummett stated that Captain Tolbert never told him a letter was received from the Secretary to the PBA, that Lt. Brummett knew of the letter from the agents, but that Captain Tolbert stated the Ops Plan was canceled because the agents grieved that it was on the wrong form, that the form was the reason.
Lt. Brummett stated that an agent could rarely have the day/night off once an .event was scheduled on the activity calendar. Captain Tolbert stated it was up to the lieutenant but he expected everyone to work the events on the calendar, that if they just wanted to take it off because of birthdays at home, "no".
Lt. Brummett stated that agents were instructed they had core work hours Monday through Friday, that they were not to exceed 8 hours per day, that Captain Tolbert was tired of hearing agents were adjusting hours and not working., that lunch and commute driving was never to be on the clock, that if an agent was to be out past the 8 hours they couid not do it on their own because they were using that to take off time at a later date. Lt. Brummett stated that he had no knowledge of any such problem in the Tampa office, that this created a problem in that the 8 counties covering .8500. square. miles..maytake..4.or.5. hours of travel time, The Ops Plan had agents scheduled to work many nights they were out past the 8 hours.
Lt! Brummett'stated that"he has heard Captain Tolbert state that he doesn't have to worry about the PBA contract, that he was not scared by them.
v Lt. Brummett stated that Captain Tolbert was obviously anti-off duty work, was adamant agents would not work off duty during their core hours, Monday through Friday, 8 to 5, and did not believe agents should take annual leave to work off duty, that Captain Tolbert was pushing for the reduction in hours of off duty from

INVESTIGATIVE REPOr., Case Number: 2009-069-IR Page 36 of 68
32 to 20 hours per week, made it somewhat difficult for anyone to work off duty and was not happy a couple supervisors worked off duty because he felt they shouldn't need.it.
Lt. Brummett stated that Captain Tolbert did tell agents they may be called to work but won't be told the location until the last minute, this actually occurred the night of the bus event to Honeypot, that Agent O'Brien was somewhat upset that night because she was dressed for piainclothes police work, and she would stand out in the crowd on the bus, which she did. Lt. Brummett stated that agents argued that was not safe, that you had to know in advance, Captain Tolbert's response was that he believed someone was putting their Ops Plans out so he was not going to divulge information until the last minute. Lt. Brummett stated he believed this to be a very serious officer safety issue, that you could not expect agents to show up and blend in at the last minute, that this came from a lack of experience in police operations and that this had never occurred in his approximate 8 years at AB'T.
Lt. Brummett stated Captain Tolbert's response to officer safety concerns brought up by agents was "you've got a badge, you carry a gun, that's just the job". Lt. Brummett described Captain Tolbert's attitude toward officer safety as "flippant" and what he felt to be not the correct attitude.
Name and Position: Helen McCoy, Law Enforcement Investigator II Location: Tampa District Office Date: October 28, 2009
In a sworn, recorded statement obtained October 28, 2009, Agent McCoy related the following:
Agent McCoy has been with the Division approximately 3 years. Agent McCoy's immediate supervisor is Lt. Brummett, prior to that was Lt, Garzon.
Agent McCoy stated that she felt she was placed on a schedule when she received the 12 week Ops Plan, that she felt it was unnecessary, that if she needed to work a night due to a complaint she was assigned she would do so, that there were no schedules similar to that prior to Captain Tolbert's command of the Tampa office.
Agent McCoy stated that she was in the meeting on September 8 with Captain Tolbert when Agent Morffi was questioning whether the Tampa office was the only office on the schedule, that Captain Tolbert's response was that he had spoken with Captain Turner and asked Agent Morffi if he was calling Miami in an
accusatory,fashion,-.AgeniMcCoyfeltappa!led.that it was brought up in the
meeting.
'Agent McCoy" stated that Agent Morffi is full of integrity and a good guy to work with and asked who said he called Miami, he would call them a liar. Agent McCoy described Captain Tolbert as "keeping people under his thumb" and she felt a little intimidated by that.


INVESTIGATIVE REPO,,, Case Number: 2D09-069-IR Page 37 of 68
Agent McCoy stated that Captain Tolbert told agents the Ops Plan was canceled because it was on the wrong form. Agent McCoy stated that the activity calendar took the place of the Ops Plan (Exhibit 19).
Agent McCoy stated that Captain Tolbert instructed agents that they were not to work more than 8 hour days because they would get tired, however, it was acceptable for supervisors to have them work over 8 hours. Agent McCoy stated that some events on the activity calendar were family events and they were not making as many arrests.
Agent McCoy stated that Captain Tolbert did not seem concerned over what PBA thought, that he was going to run things the way he wanted to run things.
Agent McCoy confirmed that .Captain Tolbert advised agents there would be events they would be called to work but not told the location until the last minute. Agent McCoy stated this was an "officer safety nightmare". Agent McCoy stated you have to know where you are going, what to wear, but that it was going to be on a need to know basis. Agent McCoy stated that she never knew of any incidences in that office where agents gave information to other than law enforcement.
Agent McCoy stated that Captain Tolbert was advised by agents of officer safety issues at the meeting and that is when Captain Tolbert stated it would be on a need to know basis.
Name and Position: Jeff Erb, Law Enforcement Investigator II Location: Tampa District Office Date: October 28, 2009
In a sworn, recorded statement obtained October 28, 2009, Agent Erb related the following:
Agent ,Erb has been with the Division approximately 12 years. Agent Erb's immediate supervisor is Lt. Merrill.
Agent Erb stated that he was required to assist the district, .that the impact of the 12 week Ops Plan was negative, not allowing agents to do their work, agents were confined by certain dates and time frames and the impact on family life and family activities.
Agent Erb stated that he has approximate 12 years with the Division, that he has
served under numerous..cQmrnanders and has never seen an Ops Plan like
Captain Tolbert's. Agent Erb stated that the reason for the cancellation of the Ops Plan was because it was on the wrong form (Exhibit 20).
Agent Erb stated that his interpretation of the office activity calendar was to circumvent the 12 week Ops Plan and to allow Captain Tolbert to continue his mission by naming it something else.
Agent Erb stated that he and other agents received notification from the union that an agreement was made between Secretary Drago and the PBA, that agents

INVESTIGATIVE REPG,., Case Number: 2009-069-IR Page 38 of 68
never received official word through the chain of command, that the letter stated the Ops Plan was canceled and nothing ever came about it through his chain of command meeting. Agent Erb further stated that agents never received a "straight answer" from Captain Tolbert with regard to what was going on.
Agent Erb stated that it was.his understanding that Captain Tolbert was not in favor of off duty, that he recalled split shifts in order to work off duty were absolutely forbidden by Captain Tolbert, that he was against any kind of off duty detail or opportunity for outside employment.
Agent Erb stated that he heard of an incident where agents were told at the last minute what they would be doing, that he heard a de-briefing of the event. Agent Erb described his reaction to this situation of "shocked, floored, flabbergasted" that someone in a supervisory position would put their people in a position where they did not know where they were going, what they would be doing, what attire or equipment they might need". Agent Erb described this as a grievous officer safety risk.
Agent Erb is assigned full time with the FBI task force.
Name and Position: German Garzon, Law Enforcement Lieutenant Location: Tallahassee Central Office Date: November 17, 2009
In a sworn, recorded statement obtained November 17, 2009, Lt. Garzon related the following:
Lt. Garzon has worked for .the Division for approximately 19 years. Lt. Garzon's supervisor is Captain Tolbert.
Lt. Garzon stated that the night the fight almost broke out at Piranha's, Captain Tolbert was standing on the passenger side of David Merrill's car toward the front. . Lt. Garzon stated that Captain Tolbert said something to him to the effect "assist Taylor". As Lt. Garzon walked toward Agent Taylor, at the back of the vehicle, he heard Captain Tolbert state "break it up, get back".
Lt. Garzon stated that Captain Tolbert sent him an e-mail dated 8/1/09 and they also had a verbal discussion regarding cancellation of the Summer to Fall Ops Plan was due to the fact that PBA had become aware of it and they had challenged the fact it was not on a PBA approved form or the form in AST PPD 3.26. (Exhibit 21)
Lt. Garzon stated that Captain Tolbert never showed him the letter from Secretary Drago to the PBA.
Lt Garzon stated that Captain Tolbert told him that the 14 day notice for change in scheduling does not apply to the agents because agents don't have a work schedule and there is no work schedule posted in the office. Captain Tolbert did tell him to give agents 14 days notice when scheduling as a courtesy.

INVESTIGATIVE REPO.,., Case Number: 2009-069-IR Page 39 of 68
Lt. Garzon stated that Captain Tolbert never told him why he would not put his general office policies in writing.
Lt. Garzon stated that on September 15, 2009, Captain Tolbert told him in a meeting that "the negativity has got to go" and that lieutenants should set the tone for the agents.
Lt. Garzon was told by Captain Tolbert that the PBA doesn't run the office.
Lt. Garzon stated that Captain Tolbert was concerned that there were some agents that would schedule their ABT work around their off duty jobs.
Lt. Garzon stated that Captain Tolbert is "often misunderstood" because his supervisory style is different than that of the previous supervisor, Captain Blair, and that there was a lot of apprehension about Captain Tolbert. Lt. Garzon stated that Captain Tolbert has been his supervisor approximately 2 years and that he has been a good supervisor.
Name and Position: Carol Owsiany, Law Enforcement Major Location: Tallahassee Central Office (by phone) Date: November 17, 2009
In a recorded telephone statement obtained November 17, 2009, Major Owsiany related the following:
Major Owsiany was supervisor to Captain Tolbert from approximately February 28, 2009 until her transfer approximately 1 month later.
Major Owsiany stated that she gave Captain Tolbert advice to take the time to assess the office and then make any changes necessary prior to his going to the Tampa office. Major Owsiany stated that she felt it would be a difficult transition and that it would be difficult for any supervisor.
Major Owsiany stated she, along with former Director Jerry Geier, spoke to the Tampa agents prior to Captain Tolbert's arrival, and that there were issues in the Tampa office.
Name and Position: Daniel DeCoursey, Law Enforcement Major Location: Tallahassee Central Office (by phone) Date: November 17, 2009
In a sworn, telephone recorded statement obtained November 17, 2009, Maj. DeCoursey related the following:
Maj. DeCoursey will have been with the Division 3 years in January 2010. He has been supervisor to Captain Tolbert since April 2009.
Maj. DeCoursey stated that neither the Division nor his chain of command ever provided a copy of Secretary Drago's July 31, 2009, letter of agreement with the

No, there was an announcement. Call Mona. She can resend it to you if you would like to see it again.


So there was an LT position and no one applied, except an ABT member? Incredible. No one wanted LT pay who was a DEP member?

Was Cave's position advertised? He was from ABT too, wasn't he? No one probably wanted Chief pay? Or is Chief a crony only position like working on the Sheriff's staff?

Here is something you might be interested in. It is a letter of reprimand that ron cave earned at abt

Division of Alcoholic Beverages and Tobacco
Ri icinP<;«y/f) John Powell, Director
£ u J*>.M 1940 North Monroe Street
PrOfCSSIOnS I Tallahassee, Florida 32399-1020
Phone: 850.488.3227 • Fax: 850.922.5175
Charles W. Drago, Secretary Charlie Crist, Governor
October 2, 2009
Certified Mail/Return/Receipt Requested
To: Captain Ron Cave
From: John Powell, Director
Alcoholic Beverages and Tobacco
Subject: Written Reprimand
Pursuant to the predetermination conference held on Friday, October 2, 2009, it was the intention of the Department to suspend you for five workdays for negligence and violation of law and agency rules. Due to your abrupt resignation and the fact you only provided two days notice of your separation, the Department is unable to implement the five-workday suspension. Therefore, it is our decision to issue this written reprimand in lieu of a suspension.
In accordance with Section 110.227, F.S., Rule 60L-36.005, Conduct of Employees; Disciplinary Standards, Florida Administrative Code (FAC) and the Department of Business and Professional Regulation's Administrative Policy and Procedures, 1002-0006, Standards and Procedures of Discipline - Career Service Employees, you are hereby issued a written reprimand for the following violations of the standards of conduct:
• VIOLATION OF LAW OR AGENCY RULES.
• NEGLIGENCE
It has been determined that you violated DBPR Administrative Policy and Procedure Number 0001-0013, Request to Campaign and/or Hold Public Office because you received and accepted campaign contributions from persons and/or businesses which are regulated by, or otherwise does business with the Department.
On November 26, 2007, you completed DBPR form Request to Campaign for and/or Hold Public Office. In Section III of DBPR form Request to Campaign for and/or Hold Public Office. you signed an employee certification which states in part:
"I agree to reject any and all campaign contributions from any individual or entity regulated by the Department of Business and Professional Regulation."
On November 28, 2007, Cyndi Hill, Director of Alcoholic Beverages and Tobacco, recommended to Loraine Irvin, Chief of Human Resources in a Memorandum, Subject: Permission to Run for Public Office, that your request to seek election for the Sheriff of Jefferson County be approved.
LICENSE EFFICIENTLY. REGULATE FAIRLY.
WWW.IvlYFLORIDALICENSE.COIvl (http://WWW.IvlYFLORIDALICENSE.COIvl)

Captain Ron Cave October 2, 2009 Page Two
Director Hill stated in this request that DBPR Policy and Procedure # 0001-0013 and F.A.C. 60L-36.002 had been thoroughly reviewed with you and that she was confident that you understood the rules of conduct associated with seeking election to this public office.
In a letter dated December 18, 2007, Secretary Holly Benson advised Secretary Linda South, Department of Management Services, that your candidacy would not raise any conflict of interest nor would it interfere with your employment. Based upon this recommendation, on January 14, 2008, Deputy Secretary David Faulkenberry, Department of Management Service, approved this request for you to seek public office. This approval was contingent upon certain conditions. One of these conditions was that: "Mr. Cave's candidacy will not interfere with the performance of his duties as an employee of the Department of Business and Professional Regulation."
On February 16, 2009, the Department received an anonymous complaint alleging improprieties involving your campaign. On February 16, 2009, the Office of the Inspector General initiated an investigation which included a review of your campaign contributions report.
The investigation revealed that you violated Department policy by accepting campaign contributions from persons or entities regulated by the Department and the report sustained a violation of DBPR Administrative Policy and Procedure Number 0001-0013, Request to Campaign and/or Hold Public Office. You have been previously provided a copy of Investigative Report, Case Number 2009-034-IA, which cites specific violations.
You failed to exercise due care and reasonable diligence when you did not check each individual campaign contribution to ensure that no contributor was licensed and regulated by the Department. Discipline is warranted based upon your negligence and violation of law and agency rules.

You guys at ABT ned help. No really, you apparently are metally unstable. Do they require phy evalsbefore hires? Isure hope so. Scary

You seem to be mistaking. There was no announcement. We got the announcement he had been hired.


Actually I do seem to recall Mona sending out an announcement. I heard no one put in but dont know for sure




[quote="87864590":35we2tah]Does this Tolbert work for DEP/DLE ?????

If so,what does he do ???????????

He is now a LT with DEP under Cave. These two destroy all they touch. BEWARE I am sure that they are trying to keep his employment quite due to this IA. You should also know the Greg Gibson is fully aware of all this and they hired tolbert any way.


I don't know an agency that would hire anyone that was under internal investigation. In fact, I know a DEP officer applicant that was put on hold until his internal was complete. You might be mistaken. However, if you aren't mistaken, it is more cronyism. It gets pretty disgusting after awhile. After all it is not what you know, it is who you know. Was this position put up for DEP officers to try for?



Of course it was not put out for all internal people to apply.[/quote:35we2tah]

You are the "Mistaking" (SIC) one. There was an announcement. It was the "temporary" lieutenant position that was vacated by Lt. M.L's military activation. Think before you speak.

Let me look into my crystal ball.

Temporary positions can become permanent ones, especially when cronies are involved. In fact, now that Training has had its mission expanded to accreditation, maybe now it will need a Captain’s position. Tolbert to the rescue!

You guys at ABT ned help. No really, you apparently are metally unstable. Do they require phy evalsbefore hires? Isure hope so. Scary

Yes it is scary; the corrupt *******s keep hiring their buddies and so on and so forth. However let’s look at your statement. You are questioning the hiring practices of abt and rightfully so. You see these guys Tolbert and cave were on the way out the IAs prove that. The truly scary part is that dep hired these incompetent fools after the IAs were sustained against them. DEP knows what they are getting as a supervisor and they still hired them. That should scare the CRAP out of you it does me.

You guys at ABT ned help. No really, you apparently are metally unstable. Do they require phy evalsbefore hires? Isure hope so. Scary

Yes it is scary; the corrupt *******s keep hiring their buddies and so on and so forth. However let’s look at your statement. You are questioning the hiring practices of abt and rightfully so. You see these guys Tolbert and cave were on the way out the IAs prove that. The truly scary part is that dep hired these incompetent fools after the IAs were sustained against them. DEP knows what they are getting as a supervisor and they still hired them. That should scare the CRAP out of you it does me.

Newsflash! DEP is going to hire and keep who ever they want.

Honestly, how many of the brass in DEP are any kind of people that you would want to associate with off duty? How many of the brass at DEP would really have your back if the crap hit the fan? How many of the brass at DEP really, truly care about anyone within the agency unless they will get something in return? Think about it!

I don't want to hear from the brown nosing boot lickers who thnk that DEP is the cat's meow of law enforcement. Go back to writing leash law citations and don't forget to wash and wax your car because image is everything.

You guys at ABT ned help. No really, you apparently are metally unstable. Do they require phy evalsbefore hires? Isure hope so. Scary

Yes it is scary; the corrupt *******s keep hiring their buddies and so on and so forth. However let’s look at your statement. You are questioning the hiring practices of abt and rightfully so. You see these guys Tolbert and cave were on the way out the IAs prove that. The truly scary part is that dep hired these incompetent fools after the IAs were sustained against them. DEP knows what they are getting as a supervisor and they still hired them. That should scare the CRAP out of you it does me.

Newsflash! DEP is going to hire and keep who ever they want.

Honestly, how many of the brass in DEP are any kind of people that you would want to associate with off duty? How many of the brass at DEP would really have your back if the crap hit the fan? How many of the brass at DEP really, truly care about anyone within the agency unless they will get something in return? Think about it!

I don't want to hear from the brown nosing boot lickers who thnk that DEP is the cat's meow of law enforcement. Go back to writing leash law citations and don't forget to wash and wax your car because image is everything.


You are so right. When was the last time a single one of "them" came down here to feed me with a spoon, wipe my butt and tuck me in at night? I miss my mama! Get real people. This is a job, not a day care.

Our managers (notice I don’t use the term leaders) don't fight to get us money for our mission, they don't promote people except their buddies for the most part, they reward mediocrity, and definitely don't fight for a pay raise for their officers even though everyone Chief and above earn more money than when they got here. Oh, they are compassionate when they say things like, "be happy you have a job,” “work more off duty,” and “doesn’t your wife work?” It stinks; we had some officers (guess who was one!) who recently quit for greener pastures. I am sure more are getting ready to leave, especially with the sorry evaluations they are passing out to their high performers. An inactive officer gets the same evaluation as a hard charger. After all, activity doesn’t matter because not everyone has the same opportunity to catch a criminal, bull! My suggestion, do some traffic stops, make citizens contacts, conduct some surveillance maybe. You’d be surprised if follow the GOYA (Get Off Your A**) principle.

Also with this period of austerity just see who gets the axe. I bet it will be those agencies with no activity (glad I left). You’d better get those Wackenhut applications ready because most of you people would be laughed out of human resources at most PDs and SOs for your sorry resume.

Oh, and don’t expect to go to another agency as a lieutenant, captain, or chief. They’ll really bust a gut on that one.

here is more of the IA report

INVESTIGATIVE REPOix/' Case Number: 2009-069-IR Page 40 of 68
PBA. Maj. DeCoursey first saw this letter as an attachment to an e-mail from Rick Nelson dated September 3, 2009. (Exhibit 22)
Maj. DeCoursey stated that he would try to get to the Tampa or Gainesville office approximately one time per month but that there were budget issues. He was in Tampa April 13, 14 and 28, June 9 and 10, September 1, and October 20 and that he would sometimes meet up with Captain Tolbert in Gainesville.
Name and Position: Ken Staab, Law Enforcement Chief Location: Riverview, Florida Date: January 20, 2010
In a sworn, recorded statement obtained January 20, 2010, Chief Staab related the following:
Chief Staab stated he has heard of issues when Captain Tolbert was supervisor over Tallahassee agents. Specifically, Agent Jordan's billboard supporting a non¬profit organization.
Chief Staab stated the transition of assignments had taken place once he was hired as Major over the northwest region, that Captain Tolbert was in the Chief's Office and that he heard past tense conversations but never personally experienced.
Chief Staab was Chief over law enforcement when Captain Tolbert was transferred to Tampa, Chief Staab stated he was part of the meeting with then Director Geier wherein Captain Tolbert was advised to get involved with the Chiefs association, assess the office and become familiar with the community. Chief Staab did not remember any conversation with .regard to the scheduling of agents.
Chief Staab stated that Captain John Blair began using leave in January 2009, that there were some unresolved issues in the Tampa office with regard to Agent DiPietro and Lt. Brummett and morale problems before Captain Tplbert transferred to Tampa. .
Chief Staab stated that Captain Tolbert implemented recommendations to Major DeCoursey to move personnel to different squads based on the experience level and that Lt. Hamilton's squad was known in Ybor City, some squads were veteran squads while other squads were junior squads and to move people around for leadership and mentoring.
Chief Staab stated he was contacted by the agent's forum with regard to the 12
week Ops Plan. They advised him it was nothing more than a schedule. He then
contacted Major DeCoursey and'was advised it had been implemented. Major
DeCoursey explained the reason was that Captain Tolbert was "trying to identify a
baseline of information as to what the squads were doing and' he found areas we ,
had mission responsibility for that we were not investigating" such as beach communities not having been worked at night or on the week-end in some time, The goal was that over a period of 12 weeks, 2 squads in Gainesville and 4 squads in Tampa would work 2 squads every other week-end.


INVESTIGATIVEREPOi*!' Case Number: 2009-069-IR Page 41 of 68
Chief Staab stated he checked policy and procedure for the 14 day notice issue brought to him by the Agent's Forum. He found that due to our position description which states "work hours are varied to varied", an argument could be made that we don't have schedules so therefore 14 day notices, while a courtesy, is not required.
Chief Staab stated that he reviewed the contract with regard to the complaint of agents being moved to different squads and there was no PBA contract or policy issue he could identify, the issue became previous practices and individual preferences. Chief Staab stated he was in support of the Major and the Captain for supervisors having a higher level of accountability.
Chief Staab stated that the Ops Plan was canceled because the PBA and Betty Adazzio came to him and Deputy Director Pender to head off a formal grievance of the Ops Plan and other issues. The issue with the Ops Plan was the form, that if 10 or more agents are working the Ops Plan must be used, and that the PBA was not consulted on the form which although it is his understanding the PBA was. consulted on the form which was approved under Chief Geier and Director Hill.
Chief Staab stated that the PBA was not satisfied with his meeting and subsequent 3 Vz hour telephone conversation where.he was trying to explain to them the PBA contract did not cover the issues they thought it did for uniform patrol such as FHP. There were no assigned shifts and trying to explain the policy adopted to come up with a shorter procedure and why.it was used they appealed to then Chief of Staff Liem, then Deputy Secretary Ross and then Secretary Drago. There was discussion during the leadership training session in late July 2009, he received a phone call from Deputy Secretary Ross telling him to end the Ops Plan., Chief Staab stated that Captain Ledbetter had something similar in place to plan football games. Chief Staab got feedback from supervisors that they had concerns with that decision and Chief Staab then contacted Deputy Secretary to request a meeting to discuss before it was implemented.
Chief Staab was informed by Deputy Secretary Ross that Secretary Drago would meet with them on Friday. That Friday Secretary Drago was unable to meet, Betty Adazzio contacted him and wanted to know about the letter to the PBA from Secretary Drago and why Captain Tolbert had not canceled the Ops Plan. Chief Staab stated he had not seen the letter, that Rick Nelson had shared the letter with some personnel in the Tampa office. Chief Staab asked Agent Adazzio for a copy of the letter and she sent a copy of the letter.
Chief Staab stated he was then contacted by the Deputy Secretary telling him to cancel the Qps_Plan,and thatjt was canceled, that night he had conversations with regard to commitments made to law enforcement agencies and that if people would volunteer to work those events. Chief Staab stated that he was not sure to what'extent he had a conversation that Friday night with Captain Tolbert about Secretary Drago's letter and he can't recall when he read the letter in full.
Chief Staab stated there was talk of a conference call on Saturday and possibly the week-end, that Deputy Secretary and Captain Tolbert had a phone conversation on Friday evening, that Captain Tolbert went back to Tampa on Friday and that Captain Tolbert returned to Tallahassee for a meeting on Monday,

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that the earlier direction to suspend the Ops Plan Chief Staab was thinking that there was going to be a further conversation on Friday night which did not happen.
When asked what Captain Tolbert's reaction to the cancellation of his Ops Plan, Chief Staab stated "he agreed, he was going to do it, his only request was he wanted to tell the supervisors that it had been canceled, it was fine."
When asked for clarification on whether the Ops Plan was canceled due to the form, Chief Staab replied "no, I told you that the agents forum, you asked if I became aware of issues in Tampa early on".
When asked if he was aware that the activity calendar took the place of the Ops Plan, Chief Staab stated he was aware of a leave calendar and a major events calendar to maximize scheduling of personnel for events "when he did the 12 week ops plan which was stopped after 4 weeks ostensibly because it was the wrong form", until new policy could be developed.
Chief Staab stated an anonymous letter had been sent to the Secretary and he was assigned to investigate those matters, that he became aware of what was going on in Tampa "through a variety of channels".
When asked if he was aware that Captain Tolbert implemented an activity calendar in the Tampa office which continued to schedule agents to work routine activities, Chief Staab stated his recollection of Captain Tolbert's assessment was an impiementation of different management tools, such as a leave calendar and a major events calendar to maximize scheduling of personnel for events. The 12 week Ops Plan "was stopped ostensibly because it was on the wrong form". Captain Tolberttold the supervisors the plan was ended and that the management tools such as these had been implemented and he did not recall any direction to ' suspend management tools.
When asked for clarification about the Ops Plan being a form issue, that it was on the wrong form, Chief Staab replied "Rick Nelson said that we were using an Ops Plan that had not been approved by the PBA".
When asked if Captain Tolbert ever commented on the PBA, Chief Staab stated that Captain Tolbert was thinking of joining at one time.
Investigator's Note: Special Agent Jimmy Jordan, Lieutenant Walt Kreitlow and Special
Agent Robbie Lastinger were interviewed by telephone with regard to historical
information on prior issues with regard to Captain Tolbert as their supervisor in the
Tallahassee District.Office. ..(Exhibit 23)
Name and.Position: Jerry Geier, Former Law Enforcement Director Location: Ft. Myers District Office (by'phone)" Date: January 25, 2010
In a recorded telephone statement obtained January 25, 2010, former AST Dir. Geier related the following:

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Former Dir. Geier stated he was promoted to Chief of law enforcement September 7, 2007, and in July 2008 he became Interim Director, on September 11, 2008, he became permanent Director and was there until April 27, 2009.
Former Dir. Geier stated during the entire time he was in Tallahassee he received complaints from agents, that Captain Tolbert was not a popular supervisor and a • lot of that was due to micro-management.
Former Dir. Geier stated he was involved in the decision to move Tolbert to the Tampa office, that he'(former Dir. Geier) was instructed to come up with some cost savings to reduce the budget to include eliminating positions. Captain Blair retired Feb 28, 2009, and the decision was made to eliminate the Captain position in Tallahassee to save money, and since the Captain position opened in Tampa, Captain Tolbert was moved there.
Former Dir. Geier stated he met with Captain Tolbert and instructed him that it was his "chance for a complete start, don't make any changes or do anything, go with an open mind, relax, run the office, be a manager but don't make any changes and don't micro-manage them."
Investigator's Note: Review of Tampa Numbers printout provided for January 1 through September 16, for the years 2006 through 2009, does not show any significant fluctuation in the statistics for the Tampa office. (Exhibit 24)
Name and Position: Cynthia Hill, Former Law Enforcement Director Location: Ft. Myers District Office (by phone) Date: January 27, 2010
In a recorded telephone statement obtained January 27, 2010, former ABT Dir. Hill related the following:
Former Dir. Hill held the position of Director for approximately 10 to 11 months. During that time Jerry Geier was acting Chief and then appointed Chief.
Former Dir. Hill stated that there was a general dislike and distrust for Captain Tolbert statewide. Some of it had to do with perceived unfair treatment, some had to do with the fact they thought he was the former Director's friend or informant and just did not trust him.
Former Dir. Hill stated that Captain Tolbert and Ron Cave switched positions shortly after she took over as Director. Former Dir. Hill stated she did get some
complaints, from,..the...administrative..staff that they...werejVt treated fairly by him
particularly covering the telephones at the front desk or for holiday work. Former Dir. Hill stated that Captain Tolbert and Captain Cave traded positions because "morale was so bad" and one of the issues was that Tolbert was not trusted or liked and they thought it would be a better option to switch supervisors.
Former Dir. Hill stated Captain Tolbert has a "different" type of personality in that he is not very open in discussions, he has very definite opinions about things and it is difficult to persuade him that there may be another opinion or option.


INVESTIGATIVE REPOK,
Case Number: 2009-069-IR
Page 44 of 68
Name and Position: Sabrina Maxwell, Law Enforcement Captain
Location: Ft. Myers District Office
Date: January 27, 2010
In a recorded statement obtained January 27, 2010, Captain Sabrina Maxwell related the following:
Captain Maxwell has been with the division approximately 12 years and a Captain for a little over 3 of those years.
Captain Maxwell confirmed that, as a Captain, she has a duty to act as a law enforcement officer when she observes a situation that may be a danger to the safety of the public.
When Captain Maxwell was given a scenario of a similar situation as that which agents related occurred at Piranha's, she confirmed that, as a Captain, she has a duty to join in with fellow agents in dispersing a similar situation.
Captain Maxwell confirmed that as the highest ranking ABT member at the scene she would have a duty to give instructions if asked.
Captain Maxwell stated that she would complete an incident report as a means of informing the regional Major of the occurrence.
Captain Maxwell stated that agents are allowed to establish a flexible schedule as it relates to the types of investigations they are assigned and is based on the needs. Captain Maxwell stated this has always been the statewide practice.
Name and Position: Priscilla Turner, Law Enforcement Captain Location: Ft. Myers District Office (by phone) Date: January 28, 2010
In a recorded telephone statement obtained January 28, 2010, Captain Turner related the following:
Captain Turner has been with the Division approximately 22 Yz years and Captain almost 2 years.
Captain Turner confirmed that she has a duty to act as a law enforcement-officer to any situation she perceives as a threat to the safety of the public.
When Captain.Tu.rner was .given .a scenario of asimilar situation as that which agents related occurred at Piranha's, when asked as a Captain, if she has a duty to join in with fellow agents in dispersing a similar situation, Captain Turner replied "absolutely1?
When Captain Turner was asked if she would have a duty to give instructions if asked, as the highest ranking ABT member at the scene she replied "absolutely".
Captain Turner stated that in a similar situation she would request an incident report be prepared for documentation purposes. Even in a situation where there


INVESTIGATIVE REPOK, Case Number: 2009-069-IR Page 45 of 68
was no incident report required she would have had this situation documented in a complaint so there would be a record of what transpired and physical action could have ensued so that future supervisors would know there could be a potential to erupt in that type of setting or event, similar to an after action plan to let others know the area may be known for potential situations involving enforcement action or to contact the local law enforcement.
Captain Turner stated that the past practice with regard to agents work hours is that agents are allowed to make their own work hours, that the agents are required to give a tentative schedule of their anticipated work schedule depending on their complaints. Captain Turner confirmed that this has been the accepted practice statewide "even when I was an agent".
Investigator's Note: This investigator also obtained clarification from Office of the General Counsel (OGC) Yvette Pressley who advised that she conferred with attorneys for Chief of Negotiations of the State of Florida, Mike Mattimore Law Firm, for interpretation of the following:
Established schedule is based on policy or the past practice of the agency.
Historical information: Captain Tolbert had been instructed by former Director Geier not to make any changes or micro-manage the agents. Captain Tolbert did not follow this instruction by implementing his verbal policies and placing agents on a work schedule through use of the Operational Plan.
Review of Captain Tolbert's employment application shows he was never employed by a law enforcement agency until he was hired by ABT as lieutenant over accreditation on October 14, 2005. Captain Tolbert never held a position as Special Agent/Law Enforcement Investigator with ABT, consequently, he would not have gone through the . ABT FTC program and was promoted to the position of Captain on March 10, 2006, just five months after his date of hire as lieutenant. (Exhibit 25)'
WITNESS TESTIMONY
Name and Position: Scott Ross, Deputy Secretary Location: Tallahassee Office Date: March 2, 2010
In a recorded statement obtained March 2, 2010, Deputy Secretary Ross related the following:
Deputy Secretary Ross stated that he received a grievance from Rick Nelson
- dealing with officer schedules and specifically an ops plan Captain Tolbert had
initiated in the Tampa'office. Nelson alleged the ops plan violated the PBA
bargaining agreement. Some meetings took place and they determined that
Captain Tolbert's ops plan could be a violation of the bargaining agreement. '
Secretary Drago determined that they should pull back to talk to the PBA and discuss the best course of action. Deputy Secretary Ross stated they informed Chief Staab of Secrectary Drago's edict that this would be eliminated. Chief Staab


INVESTIGATIVE REPOiv, Case Number: 2009-069-IR Page 46 of 68
said he would get the message to Captain Toibert. It is Deputy Secretary Ross' understanding that Chief Staab did so at Pat Thomas (during the Management Meeting held the last week of July 2009) and that Captain Toibert had a very negative reaction.
Deputy Secretary Ross stated that shortly thereafter, Chief Staab called and said Captain Toibert wanted to do a meeting possibly with Secretary Drago and Deputy Secretary Ross. Deputy Secretary Ross agreed since ABT did not have a Director, and agreed to do the meeting Friday, July 31, 2009. The meeting lasted somewhere between 2 and 3 hours, Captain Toibert talked about how his ops plan did not violate the PBA contract and that Captain Toibert said several times he was a manager and these men and women would do what he wanted them to do, that he was sent to Tampa to fix that office and create order and that's what he was doing.
Deputy Secretary Ross explained that they did want managers to create order and to create a sense of stability but at the same time there were parameters to follow, one of which was the PBA Contract, that the Secretary thought it was best to take a step back and talk to the PBA. Captain Toibert did not like that, he felt he was , completely in the right and he needed to get these men and women to do what he wanted them to do,
Deputy Secretary Ross said understanding that, Secretary Drago was going to move forward with removing the ops plan for the time being and see how things play out
Deputy Secretary Ross stated that "actually the meeting was a lot of redundancy with him talking about his management style, talked about some of the relationships with some of the men and women that worked with him, that he felt some of them didn't show him the proper respect and didn't like him". Deputy Secretary Ross explained there was a level of concern that they received a lot of complaints about his management style, how people were treated and lack of courtesy. Deputy Secretary Ross asked Captain Toibert if that was something he would be willing to compromise on. Captain Toibert explained he was a manager and needed to manage these people and that was how it was going to be.
Deputy Secretary Ross was pulled out of the meeting to deal with another issue. He received a call from Chief Staab at 6 pm that same night (July 31, 2009). Chief Staab stated that Captain Toibert felt the meeting wasn't completed and that Captain Toibert wanted to talk some more. Chief Staab was very persistent and said they would mitigate problems so Deputy Secretary Ross agreed. Deputy Secretary Ross provided a printout of e-mail from Chief Staab to him dated July 31 ,.20p9,.5:07.p.m.,subject was."please_call...me re PBA letter". (Exhibit 26)
They.met again Monday (August 3, 20Q9) for about 1 hour. At that time Deputy Secretary Ross explained that Secretary "Drago was very adamant in taking a step back. Deputy Secretary Ross stated that Chief Staab was at the Monday meeting and may have been at the Friday meeting. Deputy Secretary Ross stated that Secretary Drago does not want you (Captain Toibert) changing anyone's schedule without the 14 day notice and that was made very clear. Deputy Secretary Ross stated there was no possible way Chief Staab could have not been aware of the cancellation of the ops plan. Deputy Secretary Ross provided printout of August

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3, 2009, calendar showing meeting with Chief Staab and Captain Tolbert 9:30 a.m. to 10:30 a.m. (Exhibit 27)
Deputy Secretary Ross stated that Captain Tolbert brought up that the ops plan was a form issue. Deputy Secretary Ross stated it was not a form issue, that it was an issue with the fact that the Secretary believed the plan he was attempting to implement could have been violating the PBA agreement and for now wanted to take a step back.
Deputy Secretary Ross stated "we were pretty clear with him that this ops plan needed to cease, he could be violating the PBA agreement, he was not happy about it, he was very upset about it, it went back and forth, hence the long meeting".
When Deputy Secretary Ross was asked if he got the impression Captain Tolbert was trying to work with him with regard to the Secretary's direction, Deputy Secretary Ross stated "no, no I did not, my impression after leaving was this guy is going to do whatever this guy wants to do to fulfill his agenda."
Deputy Secretary Ross stated his hope was that Chief Staab would work with them, as one of his supervisors, and Chief Staab assured them he would make sure Captain Tolbert understood. Deputy Secretary Ross stated he had several separate conversations with Chief Staab, due to the fact that he had no Director at the time.
Deputy Secretary Ross stated, to his recollection, Chief Staab never brought up the cancellation of the ops plan because it was on the wrong form. Deputy Secretary Ross stated he vividly remembers Captain Tolbert bringing it up and that Chief Staab was there and that it was clearly not a form issue.
Deputy Secretary Ross told Chief Staab he would send an e-mail to everyone, Chief Staab said no, he would go ahead and take care of it. Deputy Secretary ' Ross stated he did not think anything of it, that he knew Chief Staab was upset, but that he was cc'd on an e-mail that said it was canceled. Deputy Secretary Ross stated that the e-mail did say something about the form, but it was not an issue of the form.
SUBJECT TESTIMONY
Name and Position: Clayton Tolbert, Law Enforcement Captain Location: Tallahassee District Office Date: Februar.y.12, 2010......
Captain Tolbert's sworn, recorded statement was scheduled for November 19, 2009, re¬scheduled to December'22", 2009, and again" re-scheduled to January 12, 2010, all at the request of Captain Tolbert's attorney, John Black.
On January 11, 2010, Lt. Austin received bye-mail a letter from John Black, advising that
Captain Tolbert would not submit to an interview on January 12, 2010, as scheduled
(Exhibit 28). ,


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ANALYSIS
ALLEGATION #1:
Violation of DBPR Administrative Policy No. 1002-0006 Insubordination and Violation of AST PPD 1.01 Organization, Authority and Chain of Command, to wit:
"Employees shall follow lawful orders and carry out the directives of persons with duly delegated authority".
It is alleged that Captain Tolbert did not carry out the directive of former Secretary Drago and Deputy Secretary Ross.
Rule - Policy - Statute:
D. Employees shall follow lawful orders and carry out the directives of persons with duly delegated authority.
Summary of Facts:
The 12 week operation pian also referred to as summer to fail sweep, was a 12 week operation which planned licensed premise inspections, compliance checks and surveillance (e.g. surveys, walk-through observations, participation in public and community events, etc.) The operation began July 9, 2009, and was planned through September 26, 2009. During this time each Thursday agents were to conduct planned licensed premise inspections from between 7 and 9:00 a.m. to between 4 and 6:00 p.m. Agents were to work every other Friday and Saturday night from 6 p.m. to 2 a.m. based on their squad assignments (geographical area).
A grievance was filed with the PBA on July 18, 2009, on behalf of the Tampa and Gainesville District Offices. Nature of the Grievance was "Failure to properly notify employees of shift changes/reassignments. Transfer employees without utilizing seniority rights. Failure to properly notify employees of changes in workday schedules. Failure to notify PBA of changes in policy as they affect the terms and conditions of employment." The relief requested was "Per our last consultation meeting (June 26th, 2009) move employees back to their original squads and shift, to include the immediate secession of the "Operation Plan" put into place in Tampa and Gainesville.
Captain Tolbert prepared a response to this grievance by Memorandum to Chief Staab dated July 24, 2009, and'forwarded a copy of said response by e-mail to Agnes Walden with a "copy to-Chief Staab, MajorDeCoursey and Lt. Yonce dated July 24, 2009. (Exhibit 29)
On July 29, 2009, Secretary Drago's agreement letter to the PBA states, in part, "Effective immediately we will suspend the twelve (12) week Operational Plan in the Tampa office and we will suspend any similar plans currently in place" and that "We will provide employees with a 14 day notice on any shift reassignments and/or schedule changes (excluding emergencies and/or Governor's executive orders)".

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Captain Tolbert was made aware of Secretary Drago's letter of agreement with the PBA during the Management Meeting held the week of July 27 through July 30, 2009. Deputy Secretary Ross testified that Chief Staab said he would get the message to Captain Tolbert, It is Deputy Secretary Ross' understanding that Chief Staab did so at Pat Thomas and that Captain Tolbert had a very negative reaction.
Chief Staab testified that he received a telephone call from Deputy Secretary Ross in iate July 2009, during the Management Meeting in Tallahassee, telling him to end the Ops Plan.
Deputy Secretary Ross testified that shortly thereafter, Chief Staab called and said Captain Tolbert wanted to do a meeting possibly with Secretary Drago and Deputy Secretary Ross. Deputy Secretary Ross agreed since ABT did not have a Director, and agreed to do the meeting Friday, July 31, 2009. The meeting lasted somewhere between 2 and 3 hours, Captain Tolbert talked about how his ops plan did not violate the PBA contract and that Captain Tolbert said several times he was a manager and these men and women would do what he wanted them to do, that he was sent to Tampa to fix that office and create order and that's what he was doing. Deputy Secretary Ross stated "we were pretty clear with him that this ops plan needed to cease, he could be violating the PBA agreement, he was not happy about it, he was very upset about it, it went back and forth, hence the long meeting".
Chief Staab testified that he was provided with a copy of Secretary Drago's letter of agreement by PBA Representative Agent Adazzio that Friday (July 31, 2009) and met with Captain Tolbert the following Monday, August 3, 2009, The letter stated, in part "Effective immediately we will suspend the twelve (12) week Operational Plan in the Tampa office and we will suspend any similar plans currently in place" and that "We will provide employees with a 14 day notice on any shift reassignments and/or schedule changes (excluding emergencies and/or Governor's executive orders)".
On July 31, 2009, Chief Staab sent an e-mail to Maj. DeCoursey, Maj. Owsiany and Capt Hooper advising them that "...the 12 week ops plan as drafted and versions of it being implemented in various offices throughout the state are cancelled."


Deputy Secretary Ross testified that he received a call from Chief Staab at 6 pm that same night (July 31, 2009) wherein Chief Staab stated that Captain Tolbert felt the meeting wasn't completed and that Captain Tolbert wanted to talk some more. Chief Staab was very persistent and said they would mitigate problems so Deputy Secretary Ross agreed.
On August 1, 2009, Captain Tolbert sent an e-mail to Tampa and Gainesville lieutenants advising the summer to fall sweep has been suspended and states "...please use the attached Operational .Plan (BLE-301), in accordance with PPD 3.26 Large Scale Public Events - in lieu of the version currently posted."
Deputy Secretary Ross again met with Captain Tolbert and Chief Staab on'Monday, August 3, 2009, for about 1 hour. At that time Deputy Secretary Ross explained that Secretary Drago was very adamant in taking a step back. Deputy Secretary Ross stated that Secretary Drago does not want you (Captain Tolbert) changing anyone's schedule without the 14 day notice and that was made very clear. Deputy Secretary Ross stated there was no possible way Chief Staab could have not been aware of the cancellation of the ops plan.


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Deputy Secretary Ross stated, to his recollection, Chief Staab never brought up the cancellation of the ops plan because it was on the wrong form. Deputy Secretary Ross testified that he vividly remembers Captain Tolbert bringing up the form issue and that Chief Staab was there and that it was clearly not a form issue.
This investigation offers testimony which demonstrates that Captain Tolbert advised agents and lieutenants the ops plan was canceled because of a "form" issue. (See also activity calendar printout provided by Lt. Merrill) (Exhibit 30)
Agents and lieutenants testified that the activity calendar replaced the ops plan and that they continued to be scheduled to work routine activities and events after August 1, 2009, up to two months in advance and continued to be scheduled to work and provided several e-maiis they receiving scheduling them to work.
This practice continued after Captain Tolbert's notification of Secretary Drago's agreement with the PBA to suspend the ops plan, and after the two meetings Captain Tolbert had with Deputy Secretary Ross and after meeting with'PBA Rep. Ham who met with Captain Tolbert as a result of a grievance filed by Agent O'Brien for changing her schedule without the 14 day notification as follows:
On August 31, 2009, Agent O'Brien received an e-mail from Lt. Hamilton stating that she and other agents would be working Thursday and Friday nights, September 3 and 4. Agent O'Brien advised Lt. Hamilton that she had plans for those nights and hoped to keep those plans. Lt. Hamilton's response was "We are all working Thursday and Friday nights." Agents continued to be given less than the 14 day notice, in this case 3 days notice, to work an event under the command of Captain Tolbert.
PBA Rep. Ham testified that on September 3, 2009, he showed Captain Tolbert the letter from Secretary Drago to the PBA. Rep. Ham testified that Captain Tolbert's response was something to the effect he didn't care about the letter. Rep. Ham stated that Captain Tolbert gave him the distinct impression, he was going to do things exactly the way he set out to do them in reference to shifts and working conditions for the people. Rep. Ham stated that it was his impression in talking with Captain Tolbert that he did not care about the contract, any agreements or anything, "he was going to do things his way or the highway".
Agent Saponara testified that after cancellation of the ops plan they were placed on another schedule by Lt. Hamilton, when agents asked why they were, being placed on that schedule the response was "that's what the Captain wanted".
Lt Merrill stated that on September 8, 2009, Captain Tolbert advised they would still be conducting pre-planned inspections and continue nights and week-ends. Lt. Merrill explained that in past years they .worked the"6 USFfobtball'games each'year but that they would allow agents to pick 3 games each so that agents wouldn't have to work all games. Lt Merrill stated that when he returned from vacation everyone was scheduled to work the USF games and not only the games but also surveys in the area of the stadium. ,
Lt. Merrill stated that Captain Tolbert commented he did not like the PBA and that he had enough connections in Tallahassee that he had the backing of Tallahassee he would do what he wanted to do. Captain Tolbert has also told him that he felt we did not come


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under the contract, that the 14 day notice did not apply to us at AST. This statement was made after Secretary Drago's agreement with the PBA.
Agents and lieutenants testified that Captain Tolbert placed them on a schedule when he implemented the 12 week Summer to Fall Sweep Operational Plan and that once that Ops Plan was canceled he continued to have agents scheduled to work routine activities such as licensed premise inspections and surveys on the activity calendar in the shared "g1 drive.
The 12 week Operational Plan referred to by Secretary Drago scheduled agents to conduct License Premise Inspections on Thursdays and each agent would work every other Friday and Saturday evening from 6 p.m. to 2 a.m. and the location or county within which to-work was based on squad assignment
Agents provided copies of e-mail showing agents were scheduled to work. E-mail dated August 26, 2009, with a proposed schedule of events for Friday, August 28, 2009 and Saturday, August 29, 2009; e-mail dated August 24, 2009, detailing agents scheduled to work Saturday, September 5, 2009, Saturday, September 19, 2009, Thursday, October 8, 2009, Thursday, October 15, 2009, Saturday, October 17, 2009, Thursday, October 22, 2009, Thursday, October 29, 2009, Friday, October 30, 2009, Saturday, October 31, 2009, and Saturday, November 21, 2009.
E-mail dated August 31, 2009, advising agents to work Thursday and Friday, September 3 and 4, 2009, without the 14 day notification requirement.
Historical Information: Former Director Geierstated he instructed Captain Tolbert before Captain Tolbert transferred to the Tampa District Office on February 27, 2009, that it was his "chance for a complete start, don't make any .changes or do anything, go with an open mind, relax, run the office, be a manager but don't make any changes and don't micro-manage them." Three months later, June 4, 2009, Captain Tolbert approves his own 12 week Summer to Fall Ops Plan placing agents on a schedule.
Findings:
After careful analysis of the written complaint, available documentation and testimony provided in this case, this investigation finds the following:
1. Captain Tolbert was given a lawful order to carry out the directives of Secretary
Drago's agreement with the PBA and Deputy Secretary Ross' directive to stop
scheduling agents to work by suspending the ops plan, or anything similar.
2. Captain Tolbert clearly ignored the lawful order of Secretary Drago and directive
given to-him by Deputy Secretary-Ross by using ah activity calendar and e-mail to
continue to schedule agents to work in place of his ops plan.
3. Captain Tolbert was given a lawful order to carry out the directives of Secretary
Drago's agreement with the PBA and Deputy Secretary Ross' directive to provide
employees with a 1.4 day notice on any shift reassignments and/or schedule
changes (excluding emergencies and/or Governor's executive orders).


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4. Captain Tolbert clearly ignored the lawful order of Secretary Drago and directive given to him by Deputy Secretary Ross when he continued to allow agents to be given less than the 14 day notification requirement of change in schedule under his command.
Investigator's Note: This investigator obtained clarification from Office of the General Counsel (OGC) Yvette Pressley who advised that she conferred with attorneys for Chief of Negotiations of the State of Florida, Mike Mattimore Law Firm, for interpretation of the following:
Established schedule is based on policy or the past practice of the agency.
Emergency is intended to refer to declaration of such by the Governor or possibly Secretary of the agency, not anyone of lesser authority.
ALLEGATION #2:
Violation of DBPR Administrative Policy No. 1002-0006 (E) Violation of Law or Agency Rules - Retaliation.
It is alleged that Captain Tolbert retaliated against employees for reporting alleged violations of law, rules, polices or procedures.
Rule - Policy - Statute:
E. "Employees shall abide by the law and applicable rules and policies and
procedures, including those of the employing agency and the rules of the State Personnel System. All employees are subject to Part III of Chapter 112, F.S., governing standards of conduct, which agencies shall make available to employees."
The following is an example of conduct that may be considered "violation of law or agency rules." This example is not intended to be exhaustive or all-inclusive:
"Retaliation against an individual for... reporting alleged violation of law, rules, policies or procedures..."
Summary of Facts:
Agent O'Brien requested Christmas holiday leave by e-mail on May 18, 2009. By return e-mail Lt. Hamilton approved her request on May 26, 2009. On September 3, 2009, Agent O'Brien received an e-mail from Lt. Hamilton stating her December leave (which was approved May 1872009/ approvedifor'fhe past 4" month's)"was "Not approved". This was the same day (Sept.• 3, 2009).PBA Rep. Ham met with Captain Tolbert regarding Agent O'Brien's grievance. When Lt. Hamilton was asked why he sent the e-mail to Agent O'Brien on September 3, 2009, disapproving her previously approved leave he replied that Captain Tolbert put in the seniority rule and that was the reason.
Agent O'Brien testified that Captain Tolbert requested she and Lt. Hamilton meet with him on September 9, 2009. Agent O'Brien stated that-she had pad and pen and was prepared to write when Captain Tolbert pointed his finger and shook it about 5 to 10


INVESTIGATIVE REPORT Case Number: 2009-069-IR Page 53 of 68
inches from her face and said "You are not going to take notes you are going to look at rrie while I talk to you." Captain Tolbert further stated "you are going to remember what I say to you can write your notes later." Shortly thereafter Agent O'Brien stated she picked her pen up again and Captain Tolbert then pointed two fingers at her and said "no, you will look at me in the eye." Captain Tolbert went on to say that she "had an attitude" on Thursday night (Sept. 3rd). Agent OIBrien stated that her comments to Captain Tolbert were no sir and yes sir that night. When Agent O'Brien asked for an explanation Captain Tolbert's reason was her body language-that she was crossing her arms and that she spoke short to him. Agent O'Brien stated Captain Tolbert went on to say that there was a lot of negativity in the office and he was going to get rid of it and the next time someone has an attitude they would be sent home and there would be consequences. Agent O'Brien stated this was her third time behind closed doors with Captain Tolbert and she felt intimidated. Agent O'Brien stated the night of Sept. 3rd she and three other ABT agents wrote the arrest paperwork for 24 arrestees and that the bus driver was possibly driving under the influence. Agent O'Brien stated she did not have an attitude that night.
In April 20.09, 2 months 'prior to implementation of the Summer to Fall Sweep Ops Plan, Agent DiPietro agreed to cover the off duty/secondary employment of Lt. Merrill, who had scheduled vacation in July. The Ops Plan came out at a later date scheduling Agent DiPietro to work. Agent DiPietro worked the off duty detail which had been approved prior to the Ops Plan. Captain Tolbert advised Agent DiPietro that his Ops Plan took priority despite the fact that the Ops Plan came out about a month after Agent DiPietro was approved to work the detail. Captain Tolbert warned him that it would he would write him up if it happened again.
Lt. Merrill received an e-mail from Captain Tolbert with regard tq the off duty detail Agent DiPietro was approved to work in July. Captain Tolbert told Lt. Merrill that "he would deal with him when he returns from leave." When Lt. Merrill returned from vacation he was called into Captain Tolbert's office on August 7, 2009, regarding the off duty detail, that It. Merrill advised Captain Tolbert he had approved for Agent DiPietro to work off duty. Captain Tolbert's reply was that the Ops Plan takes precedence. Lt. Merrill stated that he understood.
On September 4, 2009, Captain Tolbert issued Lt. Merrill an Area of Concern with regard to the off duty incident. Lt, Merrill stated that he thought the matter had been resolved when they met August 7 and felt that Captain Tolbert was trying to build a case against him following the mail theft issue.
Findings:
After careful analysis of the written complaint, available documentation and testimony provided in this case, this investigation finds the following:
1. Agent O'Brien had an e-mail from Lt. Hamilton approving her request for
Christmas holiday leave on May 26, 2009.
2. . Captain Tolbert retaliated against Agent O'Brien for filing a grievance with the PBA
by instructing Lt Hamilton to approve leave based on seniority on September 3, . 2009. The seniority rule did not go into place until September 3, 2009, the day

INVESTIGATIVE REPORT Case Number: 2009-069-IR
Page 54 of 68
Captain Tolbert met with the PBA representative with regard to Agent O'Brien's grievance .
3. Lt. Merrill met with Captain Tolbert on August 7, 2009, with regard to Agent
DiPietro working an off duty detail for him in July 2009. It was Lt. Merrill's
understanding the matter was resolved at that meeting. On or about that same
date information was provided to the Tampa Police Department involving Captain
Tolbert and a mail theft issue,
4. On September 4, 2009, Captain Tolbert issued Lt. Merrill an Area of Concern with
regard to the off duty incident. Captain Tolbert issued this in retaliation of Lt.
Merrill's part in the mail theft issue.
5. Agent O'Brien filed a grievance with the PBA and Captain Tolbert met with the
PBA Rep. Ham about that grievance on September 3, 2009.
6. Captain Tolbert retaliated against Agent O'Brien for filing a grievance in his
September 9, 2009, meeting with her wherein he stated she "had an attitude" the
night of September 3, 2009, that Captain Tolbert's reason was her body language-
that she was crossing her arms and that she spoke short to him. The night of
September 3, 2009, Agent O'Brien and three other ABT agents wrote the arrest
paperwork for 24 arrestees and Agent O'Brien went above and beyond by
obtaining a student ID from a USF PD dispatcher in order to board the bus.
Investigator's Note: Mail theft issue was the result of allegations brought on or about August 6, 2009. The mail theft issue was investigated separately by the Tampa Police Department and the State Attorney's Office declined to pursue charges. Subsequently the matter was reviewed by the DBPR Office of Inspector General, the disposition of which has not been ascertained by this investigator.
ALLEGATION #3:
Violation of DBPR Administrative Policy No. 1002-0006 IX (G) Misconduct; to wit: Employees shall refrain from conduct which, though not illegal or inappropriate for a state employee generally, is inappropriate for a person in the employee's particular position. Cowardice may be dishonorable in people generally, but it may be entirely unacceptable in law enforcement officers.
It is alleged that Captain Tolbert retreated when agents approached a group of 20 to 30 individuals outside.Piranhas that were .preparing to engage in a physical altercation.
Rule - Policy - Statute:
DBPR Administrative Policy No. 1002-0006 IX (G) Misconduct; to wit: Employees shall refrain from conduct which, though not illegal or inappropriate for a state employee generally, is inappropriate for a person in the employee's particular position. Cowardice may be dishonorable in people generally, but it may be entirely unacceptable in law enforcement officers.


INVESTIGATIVE REPORT Case Number: 2009-069-IR Page 55 of 68 Summary of Facts:
This investigation offers testimony which shows that Captain Tolbert had knowledge of the group of individuals that appeared to be on the verge of a physical altercation outside Piranha's the night of September 5, 2009. Agents Capps, Jarvis, Dykes and DiPietro and Lt. Merrill testified that they approached the group of individuals and that Captain Tolbert moved away from the group. Lt. Merrill, who has 18 years of law enforcement experience, stated it was his duty to act as a police officer and a supervisor because if they had not taken action someone could have been hurt. Lt. Merrill and other agents gave verbal commands to the crowd to break it up. The crowd complied with verbal commands and dispersed.
Lt. Merrill testified he was assigned a complaint from Captain Tolbert where Captain Tolbert had gone to a bar where he observed individuals smoking marijuana but did not take any action. Lt. Merrill stated that by statute Captain Tolbert should have taken action as a police officer.
Captain Prisciila Turner was interviewed in order to determine whether a Captain would have a duty to act. Captain Turner has been with the Division approximately 22 Vz years and the rank of Captain almost 2 years. Captain Turner confirmed that, as a Captain, she has a duty to act as a law enforcement officer to any situation she perceives as a threat to the safety of the public. When Captain Turner was given a scenario of a similar situation as that which agents related occurred at Piranha's and asked as a Captain, if she has a duty to join in with fellow agents in dispersing a similar situation, Captain Turner replied "absolutely". When Captain Turner was asked if she would have a duty to give instructions if asked, as the highest ranking ABT member at the scene she replied "absolutely".
Captain Sabrina Maxwell was interviewed in order to determine whether a Captain would have a duty to act Captain Maxwell has been with the division approximately 12 years and at the rank of Captain for a little over 3 of those years. Captain Maxwell confirmed that, as a Captain, she has a duty to act as a law enforcement officer when she observes a situation that may be a danger to the safety of the public. When Captain Maxwell was given a scenario of a similar situation as that which agents related occurred at Piranha's, she confirmed that, as a Captain, she has a duty to join in with fellow agents in dispersing the individuals Captain Maxwell confirmed that as the highest ranking ABT member at the scene she would have a duty to give instructions if asked.
Captain Maxwell stated that she would complete an incident report as a means of informing the regional Major of the occurrence.
Captain Turner stated that in a similar situation she would request an incident report be
prepared[for.documeniatjqn_purpqses._Eyen in a sj was no incident
report required she would have had this situation documented in a complaint so there would be a record of what transpired and physical actjon could have ensued so that future supervisors would 'know there'could be a potential to erupt in thattype of setting or' event, similar to an after action plan to let others know the area may be known for potential situations involving enforcement action or to contact the local law enforcement.
Agents testified that they gave verbal commands to the two groups that appeared to be on the verge of a physical altercation, that once the plain clothes ABT officers identified themselves the group dispersed, that some Tampa Police Department officers arrived on


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foot at the scene at about the same time the crowd dispersed. It is unknown whether these Tampa Police Department officers would have called this situation in over their police radios. There would not have been a need to document in an incident report due to the fact that the individual members of the two crowds complied and did not resist verbal commands from ABT officers, therefore there was no need to arrest ABT PPD 3.01 requires a use offeree report be made when force is applied, not for merely displaying the asp/baton, as Lt. Merrill testified he did. It was determined that there was no complaint number opened for Pirnahas the night of September 5, 2009, following a search of LicenseEase database.
Historical information: Agents certified as firearms instructors documented in a report, and testified in this investigation, that they had observed behavior of Captain Tolbert indicative of not taking appropriate action during a simunitions training in Tallahassee. Additionally, Agent Erb stated a scenario was stopped due to Captain Tolbert's weapon malfunction, Captain Tolbert did not attempt to clear the weapon, that Captain Tolbert approached Agent Erb and tried to hand him his gun stating "it's broke". Agent Erb stated he was a roie player, put his hands up and backed away. Agent Erb observed Captain Tolbert back up against a wall and "zone out" which Agent Erb explained as an instructor they are taught that students will sometimes react this way when they are overwhelmed and have no training to fall back on or real world experience. Agent Erb asked Captain Tolbert what to do when he experiences a weapon malfunction, Captain Tolbert did not respond. Agent Erb went on to ask what is the 3 step process and went through the process with hand motions. Captain Tolbert responded "slip slap". Agent Erb stated he's been to numerous classes, high liability events and conferences, but never head of that concept or term. Agent Erb told Captain Tolbert "tap, rack scan" and Captain Tolbert's •reply was "that was what he meant" (Exhibit 31)
Findings:
After careful analysis of the written complaint, available documentation and testimony provided in this case, this investigation finds the following:
1. Captain Tolbert had a duty to act and move forward and join fellow agents in
dispersing the crowd that was on the verge of a physical altercation.
2. Captain Tolbert retreated, a violation of policy and display of cowardice.
ALLEGATION #4:
Violation of DBPR Administrative Policy No. 1002-0006 IX (F) Standards and Procedures of Discipline, to wit: Conduct unbecoming a public employee.
It is alleged that Captain Tolbert was uncooperiibVe, an^CNnisffc.'Wis dismptWto tine
workplace.and/or caused dissension among fellow employees, used language or gestures which were threatening directed toward or in the presence -of a Department employee and made an oral threat
Rule - Policy - Statute
DBPR Administrative Policy and Procedure No. 1002-0006 IX, Standards of Procedures of Discipline - Career Service Employees, states in pertinent part:


INVESTIGATIVE REPORT Case Number: 2009-069-IR Page 57 of 68
F. CONDUCT UNBECOMING A PUBLIC EMPLOYEE. Employees shall:
(2) be courteous, considerate, respectful, and prompt in dealing with and serving the public and co-workers.
This administrative policy provides the following example of conduct that may be considered "Conduct Unbecoming a Public Employee." This example is not intended to be exhaustive or all-inclusive:
The display of uncooperative or antagonistic behaviors which are disruptive to the workplace and/or causes dissension among fellow employees.
Using language (oral, written, or electronically communicated) or gestures which are threatening, profane, vulgar or abusive directed toward or in the presence of a Department employee or member of the public.
Summary of Facts:
Agent O'Brien testified when she advised Captain Tolbert she was planning to start a family and asked what to do if she became pregnant. Captain Tolbert's response was that if there was light duty they would allow that but that "when you're a pop you either carry a gun or you don't carry a gun, there is no in between". Agent O'Brien interpreted Captain Tolbert's response that if she became pregnant it would be a problem so she started looking for another job the next day.
Agent O'Brien testified that, in a meeting with Captain Tolbert, she had pad and pen and was prepared to write when Captain Tolbert pointed his finger and shook it about 5 to. 10 inches from her face and said "You are not going to take notes you are going to look at me while I talk to you." Captain Tolbert further stated "you are going to remember what I say to you can write your notes later." Shortly thereafter Agent O'Brien stated she picked her pen up again and Captain Tolbert then pointed two fingers at her and said "no, you will look at me in the eye." Agent O'Brien stated this was her third time behind closed doors with Captain Tolbert and she felt intimidated. Agent O'Brien stated she never had closed door meetings with the prior Captain Blair.
Agent MonTi testified that Captain Tolbert stated in a meeting "They want a schedule, I'll give them a schedule, those who are positive will get rewarded and those who are negative and cause problems around here... I'll get rid of them." When Agent Morffi asked Captain Tolbert if the Tampa agents were the only agents working the schedule, Captain Tolbert's response was to point at Agent Morffi and, in front of his peers, accuse him of calling an agent in Miami. Agents Funaro and McCoy testified they were in that .mee.ting.when. Captai.n_.IoJbert.accused_ Agent ..Morffi of calling Miamj._Agent Morffi stated that he and other agents were told in a meeting with Captain Tolbert that there were a lot of people complaining to the union and that the union doesn't tell him how to run this office and he'Ts going" to run this"office the way he wants to run it and that Captain Tolbert further stated "if you don't like the shift you are working then go look for another job."
Agent Saponara testified that Captain Tolbert commented he (referring to Agent Saponara) has a very active off duty life and that sometimes people should consider a different career because "this is law enforcement and in law enforcement you work 24/7".

I don't want to hear from the brown nosing boot lickers who thnk that DEP is the cat's meow of law enforcement. Go back to writing leash law citations and don't forget to wash and wax your car because image is everything.
You mean the same car they had to put the word "POLICE' on because people had no idea whom they were or what they did? :snicker: :oops:

I don't want to hear from the brown nosing boot lickers who thnk that DEP is the cat's meow of law enforcement. Go back to writing leash law citations and don't forget to wash and wax your car because image is everything.
You mean the same car they had to put the word "POLICE' on because people had no idea whom they were or what they did? :snicker: :oops:

Sounds like you two need a hug. Let me guess, you were either fired, given a bad evaluation, or not selected for hire and now you're disgruntled. It makes sense that you're airing your comments on the thread about Tolbert. It appears like it was started and continued by someone from ABT, an agency he no longer works for. It is hard for me to understand the obsession with someone you no longer work for. I guess you do understand though, don't you.

Why would an agency hire such individuals that are not qualified in a position after reading all this? There should be great concerned with these individuals. Read, is it not obvious what a snowball effect that will happen?

It looks as though the AD has almost accomplished his mission of getting rid of the training center personnel - knowing - hiring the the individual that has destroyed previous agencies, just read above, and now has only one more person to go to get rid of. Way to go AD and TAPS ( :lol: ) Chief.

It looks as though the AD has almost accomplished his mission of getting rid of the training center personnel - knowing - hiring the the individual that has destroyed previous agencies, just read above, and now has only one more person to go to get rid of. Way to go AD and TAPS ( :lol: ) Chief.

I just hope he gets rid of the last one. When he does, SP will not be missed.

Wonder what BH will do at the Fire Marshall's Office? Is he going to be a detective or a Captain?

Boy,just wait til all those Fire Marshalls have to do all that DT we had to do.They are not going to be happy campers.....

Boy,just wait til all those Fire Marshalls have to do all that DT we had to do.They are not going to be happy campers.....

Now certainly BH would start out at the bottom, not begin in charge of training. You would have to learn how to be a fire marshall to be in the fire marshall's office, wouldn't you?

CT continually misrepresents himself to differenct agencies he works for. When is someone going to do a proper background to find this out. Whoever gave us the facts from above, maybe you can do your magic and find out what was said on his background for DEP? Hey while you are at it, how about RC? Who did that one? You go fact finder, tell us more.

Better yet, why doesn't RC and CT came out and tell the truth? Oh, they don't know the truth nor do they want it known? Public records check? Hmmmmm, novel idea?

CT is your man1 Wait and see...................Feel sorry for you folk.

Welcome to the Dept of Corrections. That is who is running your training. No law enforcement experience........................................ ...........Good luck to you. :P