Did you know that 'recent case law' has changed some of the protections afforded you in the Officer Bill of Rights and SOP 701.01? Namely, internally initiated complaints are not subject to the 180 day time limit to impose disciipline as suggested by Inspector Koval. Maybe yall did, I find it to be chilling. It is troublesome on several levels.

I dont know if the response is blowing smoke to dissuade me as they often do or if in fact, it is factual. Hopefully, the City Attorney reviewed the decision and Admin didnt make the jump without legal advice. Ive sent follow up questions so we will see... eventually.

"There are NO time limits as to how long an administrative case may remain open IF it is generated internally. Recent case law from the 1st DCA (I just returned from the State Internal Affairs Investigators training and the CJSTC commission attorney as well as the State others presented) interpreted the word “received” as meaning from outside sources. Therefore, any complaint that is “received” from a citizen must be completed within the 180 day time limit IF discipline is to be imposed. However, if the complaint comes from inside the agency…there is NO time limit."

If I were a cop I would be calling the PBA to get this to the table for clarification as 701.01 Va8. clearly states that all IA will be handled the same regardless if internal or external.

Full Response for context:

From: Joshua Taylor [mailto:jtaylor@cityofnorthport.com]
Sent: Thursday, July 13, 2017 3:04 PM
To: City Watch North Port Fl <CityWatchNorthPortFL@outlook.com>;Patsy Adkins <padkins@cityofnorthport.com>;Peter Lear <plear@cityofnorthport.com>;Linda Yates <lyates@cityofnorthport.com>;Kevin Vespia <kvespia@northportpd.com>;Mike Koval <mkoval@northportpd.com>;Michael Pelfrey <mpelfrey@northportpd.com>
Subject: RE: Status of IA Investigations

Ms. Gibson,

I worked with Inspector Koval to get answers to your fourquestions. I believe this fulfils your information request at this time. Patsy, please log this into the request log.

Thank you,

Inspector Koval’s answers and thoughts on your request.
1) Can you please provide information on the statusof the IA investigations?
A. 2017-01 with CM awaiting discipline.
B. 2017-03 waiting on one transcribedstatement and it will be with the Chief. (Extension granted because PBArep was out of town then subject officer was on vacation)
C. 2017-04 PBA rep is out of town. When hereturns, subject member will be interviewed and case to Chief.
D. 2017-05 just opened.

2) We have several open IAs that are well beyondthe 45 day time limit guideline as defined in FSS and NPPD policy. Can you provide an update as to why theyexceeded time limits?
That is a mistaken premise. Myinvestigation of all the cases are with the 45 days I am permitted. Any thathave exceeded it have signed approved extensions.

3) What the status of the officers are – on regularduty, Admin Leave with or without pay or Tolled?
Allofficers are on duty as scheduled except for subject of 2017-05 who is onadministrative leave.


4) If they are still with the Chief, can youprovide an estimate as to when we can expect them to complete?
Noestimate.

Overall response from Inspector Koval:

Ihave 45 days to complete my investigation and submit a finding. Then the Command Staff and Chief review thecase and sign off either agreeing to or disagreeing with my finding. Once thatis done, the Chief may decide to impose discipline. The officers have a rightto a pre-disciplinary hearing. They also have a right to representation. Sincethere is only 1 PBA rep for this area now, we have been kind enough to waituntil he is available to represent our officers, although we don’t have to. TheBill of Rights only says that they have a right to representation. Then theofficers also have the right to grieve or appeal the discipline. Anycombination could take place. Until the case is officially closed, it is not apublic record and no one is entitled to see it but The Chief of Police and me.

Thereare NO time limits as to how long an administrative case may remain open IF itis generated internally. Recent case law from the 1st DCA (I just returned fromthe State Internal Affairs Investigators training and the CJSTC commissionattorney as well as the State others presented) interpreted the word “received”as meaning from outside sources. Therefore, any complaint that is “received” from a citizen must be completedwithin the 180 day time limit IF discipline is to be imposed. However, if the complaint comes from insidethe agency…there is NO time limit.

Further,the case that seems to have Ms. Gibson so animated hasn’t been opened for 180days. It has only been opened for alittle more than 5 months and we have until August.