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.

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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.

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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.prelanned 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.

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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

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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:

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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.