NOW WHAT??

That's just it. Now what?

Fired police officers suing Town of Medley

By THEO KARANTSALIS/Gazette Writer

River Cities Gazette


Three Medley police officers accused of a traffic accident cover-up have filed a lawsuit against the town after being fired in late September.

Lieutenant Joe Olmedo, Sgt. Jorge Perez and Freddy Romero have asserted that only the town council had the authority to terminate them and point to a collective bargaining agreement between Medley and the police union.

“(Police Chief Jeanette) Said-Jinete was willfully violating the town charter by terminating Perez, Olmedo and Romero, without any power to do so under the town charter,” according to the wrongful termination lawsuit filed on behalf of the officers on Oct. 16 which names Medley, Said Jinette, John Doe, Esquire, and unknown others as defendants.

The three officers allegedly pinned the blame for an August 2011 accident involving Sgt. Perez on the other driver involved and falsely arrested him for DUI.

Leovigildo Fraga, 49, was driving his Dodge Caravan to work when he was involved in the accident with Sgt. Perez at the intersection of Northwest 72nd Avenue and South River Drive. Fraga later was arrested and taken to a Hialeah police station, where a Breathalyzer test revealed that he had no alcohol in his system.

Miami-Dade prosecutors said they could not prove any criminal wrongdoing by the three Medley officers, but the town police department fired Romero, Perez and Olmedo for allegedly writing false police reports and other misconduct.

Perez wrote in the police report that Fraga was traveling at approximately 60 mph, which surveillance video of the crash did not support.

Fraga was cited for failing to yield, but the video shows that it was Perez who failed to yield.

According to the police report, Fraga admitted to having two large beers earlier, had alcohol on his breath, bloodshot eyes and a suspended license.

A field sobriety exam was administered by Officer Fernando Perez, which Fraga failed, the complaint shows. Officer Perez is not related to the sergeant but is Chief Said-Jinete’s ex-brother-in-law.

Fraga failed the roadside sobriety test. Since Medley does not have a breathalyzer, Fraga was transported to the Hialeah Police Department to “blow,” said Lt. Olmedo.

During that time, the sergeant determined that Fraga’s eyes were bloodshot because of continuous night-shift work and fatigue. The conclusion: Fraga was impaired from exhaustion and lack of sleep. He was cited for failing to yield the right of way and driving with a suspended license, then released.

Medley submitted a claim to Fraga’s insurance company which was denied. Then surveillance video of the Aug. 8, 2011 crash surfaced.

“They were terminated after an independent investigation by another city and based on the surveillance video, which is not consistent with their reports,” Said-Jinete wrote in an e-mail to the Gazette. “The facts and the video speak for themselves.”

Said-Jinete added that any other allegations are simply a result of the terminated officers trying to divert attention from their behavior.

“On the advice of counsel, no further comments at this time,” she said.

Olmedo sat down with the Gazette last Saturday to address what he calls the crux of the case.

“Medley’s insurance company sent an e-mail to Chief Said-Jinete informing her that she should change the department policy on handling crash investigations or contract an outside agency to investigate all police-related crashes,” said Olmedo, a 21-year veteran of the department who said he was forced to file a lawsuit to protect his rights. “Only one side of the story has been told, so far, and we want residents to be aware of all the facts surrounding this case.”

Olmedo added that Medley has no written policy on how to conduct a traffic crash investigation, but rather only “when” to do so.

“The department has no policy on how to handle a DUI arrest or how to investigate a drunk driver,” said Olmedo, who is being backed by the police union, which thinks the town reacted much too severely.

“There are stages of progressive discipline, but they went straight for the kill,” said John Rivera, president of the Police Benevolent Association, which represents Olmedo and Romero. “Their due process has been trampled on.” The PBA does not represent Perez because he is not a dues-paying member of the union. However, Perez is still covered under the department’s collective bargaining agreement.

Rivera added that the State Attorney’s Office has reviewed the case and that no criminal action has been taken against the officers.

Medley faces an additional lawsuit claiming that it has violated the Florida Public Records Act.

On Sept. 20, 2012, the town notified Romero, Sgt. Perez and Lt. Olmedo at 12:46 p.m. that a unilaterally scheduled predetermination hearing would take place at 1 p.m. The town also gave the officers documents that they had sought earlier to aid them with their disciplinary cases and exonerate themselves.

“Any delay or hindrance is considered a failure or refusal,” Jose M. Herrera, the attorney representing all three officers, wrote in a second lawsuit filed on Oct. 16. Herrera also serves as town attorney for Virginia Gardens.

The officers believe that records pertaining to the case were altered, destroyed or sanitized at the direction of the police chief and John Doe, Esquire, according to the complaint. John Doe has not been identified.

“A substantial amount of documents within the parameters of the request were not produced at all,” the lawsuit shows. “Other documents were only partially produced.”

E-mails obtained by the Gazette show a heated exchange taking place earlier in the month between Herrera and Medley town clerk Herlina Taboada.

“You are the records custodian,” Herrera wrote in an Oct. 1 e-mail to Taboada. “Why is the town attorney involved in responding to the public records request? Is the town attorney or anyone else selecting what public records you will produce pursuant to a proper request pursuant to the provisions of the Florida Public Records Act?”

Less than one hour later, Taboada responded.

“You have sent an e-mail accusing myself and the Town of Medley of violating public records laws and suggesting criminal behavior,” Taboada wrote back to Herrera. “I am seeking legal counsel because you are accusing me of breaking the law.”

Hialeah Police Detective Benny Merino is also named as a defendant in the case.

“It is my understanding that you were involved in what purports to be a capacity outside your position with the city of Hialeah Police Department in an investigation involving Town of Medley Police Department Sergeant Jorge Perez and Lieutenant Joseph Olmedo,” shows the complaint.

Hererra has asked for a list of records from Merino, including notes made in connection with the investigation and all communications from any town officials or any attorney representing the Town of Medley.

“The town clerk and the police department have always fully complied with all public document requests in a timely fashion,” said Medley town attorney Michael Pizzi. “Some of the requests are massive, which includes documents going back 30 years and thousands of pages.”

Medley would respond in a reasonable fashion, as it does with all public records requests, Pizzi said.

Hererra sent the Gazette copies of all public records requests sent recently on behalf of the officers.

“As you can see, the only records which would date back 30 years, if any, as Mr. Pizzi disingenuously claims, would be the personnel files, and obviously all of these personnel files should be kept together collectively within the ‘personnel file’ and be easily accessible,” Hererra wrote in an Oct. 29 e-mail to the Gazette. “I stand by the allegations that the town is intentionally obstructing access to public records.”

These records should be easily accessible and readily available, said Herrera, assuming the town has a proper public records archival system as required by the public records act.

The officers’ public records case should move swiftly through the court system, according to a public records expert.

“The law requires that a court set an immediate hearing on actions filed to enforce the provisions of the public records law,” said Barbara A. Petersen, President of the First Amendment Foundation.

“It stipulates that the courts must give such cases priority over other pending cases.”

On Oct. 23, just one week after the case was filed, a Miami-Dade Circuit Court judge granted Herrera’s motion to expedite discovery.

As the litigation wheels turn, Olmedo, who also served as the department’s public information officer, said he has a message for the community.

“I want to thank all the residents and business owners who have called to lend us their support,” said Olmedo. “Our goal now is to return to protecting the town of Medley.”

Read more here: http://www.miamiherald.com/2012/11/09/v ... rylink=cpy (http://www.miamiherald.com/2012/11/09/v-fullstory/3086322/fired-police-officers-suing-town.html#storylink=cpy)