An example pulled from public records FDLE on what not to do.

Unregistered · 03-22-2018, 01:50 PM

FLORIDA DEPARTMENT OF LAW ENFORCEMENT
CRIMINAL JUSTICE STANDARDS & TRAINING COMMISSION
PROBABLE CAUSE DETERMINATION
JAMES S. MCVAY
North Bay Village Police Department
CASE NUMBER 32962
Wednesday, August 6, 2014
Sawgrass Marriott Resort
1000 PGA Boulevard
Ponte Vedra Beach, Florida 32082
Cindy Danese, Court Reporter
STATEWIDE REPORTING SERVICE 233 East Bay Street, Suite 606 Jacksonville, Florida 32202
904/353-7706

A P P E A R A N C E S
COMMISSIONERS
Sheriff John Rutherford, Chairman
Sergeant Matt Williams
Warden Edward L. Griffin
Kathleen Connell, Alternate
STATEWIDE PROSECUTOR
Assistant Attorney General Nick Cox
STAFF
Ashley Hegler, Case Specialist
Stacy Lehman, Training & Research Manager
P R O C E E D I N G S
August 7, 2013 10:00 a.m.
* * * * *
(12:05 p.m.)

CHAIRMAN RUTHERFORD: Next case?
MS. HEGLER: Next case is Tab Number A-52,
Case Number 32962, James S. McVay.
CHAIRMAN RUTHERFORD: A-52.
MR. COYLE: Good afternoon, Mr. Chairman and
members of the panel, Brendan Coyle from the Dade
County Police Benevolent Association on behalf of
James McVay. My address is 10680 NW 25th Street,
Suite 205, Doral, Florida 33172.
CHAIRMAN RUTHERFORD: Thank you. Is Officer
McVay here?
MR. COYLE: No, Sergeant McVay is not here.
CHAIRMAN RUTHERFORD: We have the chief? Is
this the chief? Go ahead and introduce yourself,
sir.
CHIEF DANIELS: Yes, sir. Chief Bob Daniels,
chief of police, North Bay Village. I just wanted
to let you know that our agency takes serious
anything that rises to this level. My policy is
either myself or a staff member will attend.
We really appreciate the Commission's efforts
and the staff's efforts in looking into any
improper actions by any officers.
We also take to heart the oath of office that
all police officers take.
That's all I really wanted to say to y'all
today.
CHAIRMAN RUTHERFORD: Thank you, Chief.
Mr. Coyle?
I'm sorry. Staff, read the case.
MS. HEGLER: James S. McVay received a 90-
day suspension without pay from the North Bay
Village Police Department subsequent to an internal
investigation which sustained untruthfulness.
On February 16th, 2009, McVay was involved in
a fight with another officer in the department's
operations trailer, which was witnessed by a third
officer. Following the fight, three officers
agreed not to report it.
On February 26th, 2009, during the ensuing
internal investigation, McVay stated under oath to
investigators that after the fight he told the
combatant the incident could end by not being
reported. Both the other officer and the witness
stated to investigators that since McVay did not
want to report the incident, they agreed not to as
well.
As a result of the investigation into the
fight, the combatant received a suspension, while
neither McVay nor the witness were disciplined.
The other officer subsequently filed a
grievance and the matter went to arbitration.
On May 19th, 2010, while providing sworn
testimony during the other officer's arbitration
hearing, McVay was asked if he told the other
officer that the matter should be kept between
them. McVay stated that he did not, thereby
contradicting his sworn testimony in the internal
investigation.
An internal investigation into McVay's
contradicting testimonies was initiated and found
that McVay had perjured himself by virtue of
contradictory statements while under oath.
He was subsequently terminated on September
12th, 2011. McVay subsequently filed a grievance
and the matter went to arbitration.
On April 19th, 2013, the arbitrator found that
McVay made numerous contradictory and untruthful
statements and was untruthful during the other
officer's arbitration hearing. However, the
arbitrator found McVay's termination to be
excessive and ordered McVay's termination be
reduced to a 90-day suspension. He further ordered
that McVay be reinstated with full back pay and
benefits less the pay and benefits associated with
the suspension.
McVay was reinstated on August 21st, 2013. No
criminal charges were filed.

Mr. Chairman, staff recommends:

A finding of probable cause for the charge of perjury by
contradictory statements.

CHAIRMAN RUTHERFORD: Thank you.

Punishment: 90 day suspension of State certification, ethics training, followed by one (1) year probation as monitored by FDLE CJSTC.