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INTERNAL AFFAIRS INVESTIGATION

NOTICE TO EMPLOYEE

Date:  January 30 2006

To:

Complainant: City Manger Thomas Bonfield

Nature of Complaint: Comments made by Fire Captain  

An internal investigation is being conducted in reference to comment r=rxrrted to have

been made by Fire Captain  e concerning .. You are

scheduled to be interviewed at the Sanitation Department conterence room by Mary Ann

Stalcup, Employee Services Director, on Tuesday, January 31,2006 at 11:30 a.m.

Attached is a copyofFS 112.82, Firefighter's Bill of Rights, explaining your rights under

Florida law.

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112.82 Rights of firefighters.-- Whenever a firefighter is subjected to an interrogation, such

interrogation shall be conducted pursuant to the terms of this section.

(1) The interrogation shall take place at the facility where the investigating officer is assigned, or

at the facility which has jurisdiction over the place where the incident under investigation

allegedly occurred, as designated by the investigating officer.

(2) No firefighter shall be subjected to interrogation without first receiving written notice of

sufficient detail of th e investigation in order to reasonably apprise the firefighter of the nature of

the investigation. The firefighter shall be informed beforehand of the names of all complainants.

(3) All interrogations shall be conducted at a reasonable time of day, preferably when the

firefighter is on duty, unless the importance of the interrogation or investigation is of such a

nature that immediate action is required.

(4) The firefighter under investigation shall be informed of the name, rank, and unit or command

of the officer in charge of the investigation, the interrogators, and all persons present during any

interrogation.

(5) Interrogation sessions shall be of reasonable duration and the firefighter shall be permitted

reasonable periods for rest and personal necessities.

(6) The firefighter being interrogated shall not be subjected to offensive language or offered any

incentive as an inducement to answer any questions.

 7  A complete record of any interrogation shall be made, and if a transcript of such interrogation

is made, the firefighter under investigation shall be entitled to a copy without charge. Such record

may be electronically recorded.

 8 An

employee or officer of an employing agency may represent the agency. and an employee

organization may represent any member of a bargaining unit desiring such representation in any

proceeding to which this part applies. If a collective bargaining agreement provides for the

presence of a representative of the collective bargaining unit during investigations or

interrogations, such representative shall be allowed to be present.

(9) No firefighter shall be discharged, disciplined, demoted, denied promotion or seniority,

transferred, reassigned, or otherwise disciplined or discriminated against in regard to his or her

employment, or

be

threatened with any such treatment as retaliation for or by reason solely of his

or her exercise of any of the rights granted or protected by this part.

Employee Signature Date/Time

Date/Time

itness

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Chief C Battal ion

From:

Sent:

To:

Subject:

Mary Ann Stalcup

Monday March 13 2 66:13 PM

Chief C Battal ion

  e Complaint

Thanks

i nf or med.

I di d some r esear ch t hi s af t e r noon and w l l pr oceed soonest . I   l l keep you

Mar y Ann

- - - - - Or i gi nal Message- - - - -

Fr om Chi ef C Bat t al i on

To: Mar y Ann St al cup

Sent : Mon Mar 13 17: 36: 08 2006

Subj ect : Compl ai nt

At t ached i s a copy of the event s l eadi ng t o t he i nci dent under i nvest i gat i on. I f you ha

any f ur t her ques t i ons or concer ns pl ease l et me know. Thank you i n advance f or your

assi stance i n t hi s mat t e r .

Si ncer el y 

Bat t al i on Chi ef

 

Wat ch

 

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To Whom It May Concern:

The following correspondence is in reference to the request for information made

by the City of Pensacola's management staff.

Several months ago while working out at the gym, I was approached by a fellow

firefighter who stated that Captain -< nad been making open comments regarding my

recent promotion to Battalion Chief. It was stated that ;was in disagreement with

that decision and stated that, I would like to congratulate but everyone knows that

he only got promoted because he's black. In response I asked the firefighter who else

was present during the discussion. He replied with the names of a few other firefighters

who were there and heard the comments as well.

Though disturbed by the statement,

 

hose to ignore it and simply attributed it to

the usual firehouse talk and disapproval which is sometimes openly expressed. Recently,

Captain ' Jproachedme with concerns about his current duty assignment. He

wanted to know why he had been assigned to a station that already had a senior Captain

assigned there.

 

hen explained my position based on the comments which had been

made. Captain admitted to making the comments but explained that his words had

been taken out of context and assured me that it was not a personal attack on me. He then

apologized to me if had been offended in any way and I accepted his apology.  

has repeatedly stated to me that his comments were taken out of context. Furthermore, he

has vehemently expressed remorse for making the comments that he made.

Though I strongly disagree with the remarks made,

 

have never considered the

comments to be racial epithets or slurs.

As Captain -_ ..

,  s

supervisor and the individual named in the statements made, I

believed that the matter could be appropriately mitigated at my level of supervision.

 

elt

and still believe that in resolving this matter

 

have a responsibility to exercise restraint

and integrity while remaining objective.

Silterely. ,

~-  

Pensacola Fire Dept.

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 e t t er of ouns el i ng

To:

~ Bat t al i on Chi ef

J ames A. Di xon J r . Fi r e Chi ef ~~~

r om

  ate

Mar ch 10 2006

Subj ect : Let t er of Caut i on f or not i f i cat i on

As you are aware.

follow in g h is le r nin g o f th e in id en ts

surrounding

th e

remarks Capt , __

made about you and the events that next occurred, the City Manager initiated a complaint of

employee misconduct that is currently being processed. As Capt.  . : gattalion Chief. the

complaint should have come directly from you immediately after you were informed of the remarks

he made. In that manner, the investigation of the complaint would have occurred in a much more

timely manner, while memories of the event were clearer. and you would have avoided placing

yourself in the role of being both the target of the misconduct and the supervising official being

called upon to work it out intemally without bringing the conduct to light.

I believe that your failure to place this matter in the proper channel for investigation and resolution

constituted poor judgment as a management offiCial. although I also believe that in hindsight you

would agree that   could have been better handled when you first learned of it. Consequently, I

feel that this letter of counseling is an appropriate disposition of the issue.

Reci eved

bycl . .J J } _ C l n  f 7 J a 4 ~

s~

dat e