MIAMIBEACH

PELIEE
I.A.CASENUMBER: M.B.P.D. CASENUMBER: coMPLAtNANT(S): DATEOF INCIDENT: DATEREPORTED: INVOLVED OFFIGERS:
n Slim an

INTERNAL AFFAIRS REPOR

| A11-023
None

t r c h1 ,2 0 1 1 o J u ly

rlesLondon

Acts'
ne Berrian Estraviz INVESTIGATOR: Sergeant PaulOzaeta

gathered during the nvestigation of case 12011-018 to a warranted Chiefof Police direct the the concerning separateinvestigation practices of the time-management upperhierarchy the PatrolDivision's of focusof this 1" Platoon.The primary was. if investigation to determine the lieutenants 1tt Platoonhad been of dividing theirworkdays, systematically would workonly whereby lieutenant one of a shiftandanother would thefirsthalf than work onlythe secondhalf,rather both employees workingtheir entire shiftsas scheduled. REGULATION / PROCEDURE:

Violation (1) - MBPD Manual, DRR Officers: Commanding #2.9.3 "Commanding officers shall be for of for responsible supervision roll-calls

allegation conc.lude Majorsliman and that committed violation. Therefore, the disposition thisviolation SdBSTANTIATED. the above of is Captain London: violation(4) - MBPDManuar, DRR#6.2g.3.34 Gonduct unbecoming: "Hasfailedto properlyrup"*irc subordinates.,, captainLondon wasthe commander 1'tPlatoon respq$ of and hours.Captain for its

London ,""fiJi duties incumbenttheir inni!;#::"';:;::#^Y-fftrants of ranr

dailyactivities. No'tn cttr"nder, we1 pratoo o[i'j", as as 3ff31xxt:",'::::.:Tffrlllfrember, rr;q;"lilf$i:il'"11ffi|tr#i""?l commander, his required scheour" and tovary hours 22:30to 0g:00 of

toperform the

asevidencdointnJ;;,"'o"J,J:,iiIroI.:H::W;H$J:l*dhisco

fi+fffiou=lng*ff**
and Police StationiiAeo notage

not

suffi the

, Captain abused. enceto su

Lieutenant Ac

Violation - MB|D Manuar, #6.28.3.1s (2) DRR Gonduct unbecoming: '.Has intentionatly fatsifiea ieciiaso, nnriti ii6'rt absencestriiauty time' to a superior n accordance prescribed with procedures.,,
Fortheshiftcovering June21, Lieutenant Acosta hadno indicators hispresence work of at lioll" otherthan an incoming sunFass at 07:17 rtoriu in southbound iane 09D at the Golden Glades collJction toll poini.Hethenrort"o off-duty detailfrom 0g:00 17:00 to hours' In his statement, Lieutenant "n Acosta inat.he had requested day off. the According theTeleStaff to "m*"J checked LieutenantAcosta gerrian te"oro,Li"utenant in forten
Page23 of

(10)hoursof Straight at the beginning thatshift. On June22, Lieutenant Pay of Acosta adjusted ownhours reflect usage 0.5 hours compensatory (CL)from his to the of of leave 08:00 08:30hours.LieutenantAcosta, hisownadmission, nofreported duty to by had for during thatshiftbuthisTeleStaff record notaccurately did reflect this. lf he believed that he legitimately the day off, he would have had no reasonto adjustthe recordto had accommodate off-duty his detail" Conversely, he discovered inaccurate if an TeleStaff record, madeno attempt correctit beyondan adjustment accommodate offhe to to his dutydetail. Basedon the standard a preponderance evi of of , thereis sufficient evidence support allegation conclude to the and that Lieu committed the aboveviolation.Therefore, disposition this violati the of TANTIATED. Violation - MBPDManual, (3) D.R.R. #6.29.3.1g "Hasbeenguiltyof grossnegligence orgrossri where suchnegligence inefficiency or , or has public,or to persons propefty affected or Between March1 and June30. 2011. Acosta violated off-duty the employment policy report dutyon three(3)regularlyghBduled for attendance recordfor the third This manager,and leaderof the poli leadership. Basedon the standard evidence support to the
aboveviolation. viol

in the
ln /oss

anceof hisduties, to the city, the tenant

nce g

3) instances. alsofailed He to

ingly entered inaccurate an by a highranking supervisor, a poor exampleof , thereis sufficient ant Acostacommitted the s SUBSTANTIATED.

Violation (5) Employment (24)

Lie In c um

#011,
nst

"Employees shall not

(X.C. 9.),Off-Duty and Secondary and provisions: 8) cumulative hourswithina twenty-four

break."

work hou recorded Off-DutyP a prepondera ce, there is sufficientevidenceto supportthe allegation and conclude Lie that \costacommitted above the vioration. Therefore, disposition the of this violationis ANTIATED. Viofation(6)- MBPDManual, SOP#011,Section(X.C. 10.), Off-Duty and Secondary Fmployment Hourlywork limits,extensions provisions: and "Employee,s onlypermitted work off-duty detaili during oneof the foltowing are to times: Regularlyscheduled hours off and/orregularly'scheduled off;Annual Leave; days Ftoating and/orAlternateHolidays; Birthday Hotiday; Documented Compensatory (CL); LeaveTime "PL"Time." Documented

011,thereweretwelve(12)separate occasions that s in conjunction hisregularshifts resulted with that the limit permitted policy. Thesehourswere by produced the Support by Services Division wellas the as antAcosta signed submitted. and Based thestandard on of

Page 24 o'f30

According-to TeleStaff records,Lieutenant Acostaworkedhis regularshift from ho.urs. May 24 to 0g:30 hours on May 2s. According an btt_orty pay 22:30 on to slip he submitted, Lieutenant Acostaalsoworked off-duty in O"t"ifon May25from 0g:00 17:00 to hours' Thisoff-duty detailoverlapped the lasthalf-hour hii regular with of shiftandthere was no recordof an adjustment his regularduty hours. Based to on the standard a of preponderance evidence, of there is sufficient evidence supportthe allegation to and

::fH:^lH!i:,9n1"::l1g1titted of thisviolation SUBSTANTIATED. is

Lieutenant Berrian:

theabove violation. ri'rerefore, disposition the

of the employees to During shift the the middle and Moraga

and accountable Moragaand his s

relieve such commanding officersof

Violation - MBPD (1) Manual, DRR#2.9.3 Gom shallbe responsible superuision roll_calls for of and shallbe responsible inspection for of determining theirfitness dutyof same; for thr the giving of requested instructions and absenfeeg and tardiness; notation re and person in uniform or and the anyn equipment, includingarmsand E- fo order.The responsibitities herein

officers

ir hoursof duty, and for

orders; and repo rtingYf //nesses, of cleanliness orneafnessrn

in attire,and the inspection all of if the sameis in good working suchdelegation shall not of dutyor inefficiency

to work a rgeantMoragasubsequenfly neglected to hisassigned district. Additionally, seigeanitutoriga failed record hi of ez. A'lthough certain responsibilities beendelegated had to Berrian notrelieved responsibilityfor suboidinate's was of his ant Berrian failedto document sergeantMoraga's early TeleStaff roster.
in the TeleStaffroster which resultedin an nd no accountof how muchtime shouldhavebeen

Officer Gutierrezhad adviseOSergeant

Berrian thecommanding was officer for nt Berrian was ultimately responsible of thosedistricts, including Sergeant

deduc

Sergeant
neglect. Fd

departure at

Basedon the of a preponderance evidence, of thereis sufficient evidence to support violation conclude Lieutenant the and that Berrian committed above the violation. Therefore, disposition thisallegation SUBSTANTIATED. the of is Viofation - MBPD (3) Manual, D.R.R. #6.28.3.18 Conduct 'Has been Unbecoming guilty of gross negligenceor gross inefficiency the pefformance in of his duties,where such negligence inefficiencyhasor mightiesultin /oss or injuryto or thecity, thepublic,or to personsor propertyaffectedthereby.,'

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