Madison Police Department

S upervisor's Observation Report:

l.r+. Case Number:

Date of Report::

Date of lncident:

lncident Location:

Supervisor:

-21-09

Allen GerardSupervisorSignature:

This incídent concerns the conduct of:an John McDevitt #743

Summary of Observation (attach additionatsheefs if necessary)

I have concluded the lnternal Affairs investigating for this case and have listed the following (6) Madison Police Standards of:onduct sectíons for review and consideration by the Madison Police Commission. An indexed binder has been prepared

.I.6 TRUTHFULNESS

I.13 OATH OF OFFICE, CODE OF ETHICS

1.16 ATTENTION TO DUTY

2 CONDUCT UNBECOMING AN OFFICER (t "3..3.3 NEGLECT OF DUTY

3.31 INCOMPETENCE

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&ladisom Fo[ñce Ðepartmentln te rrnal AffaÊrs fnvestigatio rn

IA,# 08-t6XnvesÉigator: LÉ" AIIen GerardSubjecÉ; tff. "lohn McDevittRF CN : 080tût1717

lntroduction

On or about March 20, 2008, Madison Chief of Police Paul Jakubson sent a

department email to Lieutenant Jonathan Dobbin authorizing him to draw an

lnternal Affairs case # 08-06. This was in reference to alleged misconduct of

Madison Patrolman John McDevitt while he was working on Lt. Dobbins' shift,

February n 2008, case incident 0800001717. Chief Jakubson stated that he

wanted his responses in writing and reminded him that: (Sterling was terminated

for cause of lying during investigation). Lt. Dobbin began his interview of

Patrolman McDevitt on April 09, 2008 which was abruptly terminated by Chief

Jakubson before it could be cornpleted. The unfinished interview was transcribed

by Sheila Butch Transcription Services. Chief Jakubson was subsequently

placed on Administrative Leave by the Madison Police Commission later in April

of 2008. The McDevitt l.A. was reassigned to this Lieutenant, Gerard. I

interviewed Patrolman McDevitt on April 30, 2008 and had it transcribed by

DelVecchio Reporting Services. An administrative decision was made to forward

a number of open lnternal Affairs investigations, including the McDevitt l.A. # 08-

06, to the Connecticut State Police tnternal Affairs Unit for review and potential

investigation. lt was decÍded that l.A. # 08-06 and all corresponding documents

Subscribed and sworn to me this âÍday offu,z}Úiñi"ñ:p*un","lWwf

&fadisom Foliae ÐeparÉreaemtXntermaå Affaåns [mvestñgaúionT.^# 08-06[nvestigator: LÉ" A[Iere GenardSub.iect: ûff. Jotem ÞfieDevitúRF CN : 08t$0CI17L7

would be'returned to Madison police for investigation and a final conclusion.

Various related documents from the McDevitt investigation were returned to this

agency from the Connecticut State Police on or about November 24th,2008 with

the remaining documents returned on December 17,2008. The investigation was

conducted and concluded by this Lieutenant as follows:

Summary

The following facts and circumstances are stated from personal knowledge, from

information received from other law enforcement officers acting in their official

capacity, from interviews of persons involved in incidents regarding the actions of

Madison Police Patrolman John McDevitt; Madison Patrolrnan John McDevitt's

own admissions and testimony, and from official documents.

Patrolman John McDevitt shield # 743 was dispatched as the primary

investigating officer to an audible alarm at Madison on February

l, ZOO8. Patrolman McDevitt had a back-up officer; Baxter on scene shortly

after he arrived. Upon Patrolman McDevitt's arrival, he never exited from his

patrol car nor did he make any attempt to investigate the cause of the alarm. He

had his backup officer clear, indicating that he was all set. Patrolman McDevitt

Subscribed and sworn to rne this J(day of lc^t-,2006, ^ .î r¿a--,,

4

) -"",J lNotary Public: 4l/

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MadÍson Foliee Ilepartmentf n úernal Affai rs InvestÍgatÍonIA# 08-06Investigator: Lt, .å[len GenardSubject: Off. John McDevittRF CN: 0800t01717

drove away from the alarm scene location and parked his patrol vehicle in a

place where the building was no longer visible to him. Lt. Dobbin asked

Patrolman McDevitt over the recorded police radio: "Building secure?" Officer

McDevitt stated in part, "l'm not jumping over fences. We didn't even check-it".

Lt. Dobbin then asked "No way around the fence?" Officer McDevitt replied:

"Negative. lt's a rusty old chain link fence. l'm not going to take any chances"

Officer McDevitt's response that there was no way around the fence came just

three (3) minutes after having been told several times by a Madison dispatcher

via a recorded telephone that: There

nd that he could just walk right into the grounds. His actions

and conduct clearly illustrate that Patrolman McDevitt knew he had a

responsibility to ihvestigate this alarm but chose to be deceptive and lie to his

supervisor in an attempt to avoid accountability.

The Madison Police Department has already experienced the embarrassment

and misfortune of other police officers found to lack credibility. The

consequences of one police officer's lack of credibility resulted in a letter from

the New Haven State's Attorney's Office; stating that their office will not accept

for review any arrest and search warrant applications wherein this officer is an

affiant or any other police documents signed by thís officer in the line of duty. lnSigned: ¿A@- %r-{b Subscribedand swornro methis =Xldayofffa_,2}}ç - , --.

5 Notarf ruutiä

&fadison Police Department{nternal AffaÍrs trnvestÍgation[A # 08-06IErvestigaúor: Lt" Allen GerardSubject: Off. John McDevÍftRF CN : S800001717

another case, the criminal defendant was granted reduced charges due to a

Madison patrolman's lack of credibility. State's Attorneys as well as defense

attorneys site B.rady V. Maryland, Giglio V. United States and other related case

law as grounds to either prevent or impeach the testimony of untruthful pofice

officers.

NARRATIVE

On Wednesday February 20, 2008 there were three Madison police officers

working on the 4 PM - midnight shift. Patrolman John McDevitt # 743 was

assigned the responsibility of patrolling the. southern sector, referred to as sector

#1 . Patrolman Baxter was assigned the North Madison sector #3, and Lt. Dobbin

was the shift supervisor. This deployment is a standard and accepted practice

when two patrolmen and one supervisor are working. All three officers were

working their no¡:mal shift. Officer McDevitt was not working any overtime hours

prior to his normal 4 PM to midnight shift. He was being paid at the standard

straight time contractual rate for his position and rank during this time frame.

Officer John McDevitt's patrol responsibilities within Madison boundaries on the

night in question were in part to serve the community, safeguard and protect life

Subscribed and sworn to me this Jfday of fri ,200f1 t ,.Notary Public: LTt

Vfladison Fofiice Ðepartmentlnternal Affairs trnvestÍgationL& # 0E-06ftevestigator: Lt. AIIen GerardSubjeet: tff. John McDevittRF CFI : CI8000t17l7

and property, detect and investigate crimes, patrol assigned areas on foot and in

a patrol car, check windows and doors of business establishments, promote,

preserve and deliver a feeling of security, safety and quality services to.members

of our community.

The temperature during the time of this incident was in the high twenties to low

thirties. The sky was clear with no precipitation. The weather would be

considered mild for this time of year. When Lieutenant Dobbin' eventually

arrived on scene regarding the alarm call tor service, he reported that he was

outside for approximately twenty (20) minutes during which time the only winter

clothing he was wearing was a winter jacket. At no time was he uncomfortable

due to the weather conditions.

Officer John McDevitt #743 is a trained experienced sixteen (16) year veteran of

the Madison Police Department and was dispatched to an audible alarm at the

Madison, Connecticut. Patrolman McDevitt's call for service was just over three

hours into his shift. The alarm had been reported by a female citizen who lives in

the area. She felt that she was doing the right thing by reporting the audible

for Madison PoJice investigation, stating: " I just figured if I d'on't doalarmSigned:

7

Subscribed and sworn to me this J {day offu-,2ooqNotarfeuutic, (l^ûØYf

Vladisora FoEice ElepartmemÉtrntenna[ Affairs InvestigafionIA, # 08-t6trnvestñgæÉor: f-,,ú",A.trlen GerardSubjecú: tff" .Iohn McÐevittRF CN : û8&0û017X7

anything and then I read in the paper tomorrow that something bad happened

then you know, I didn't do my job". The Madison Police department encourages

its citizens to get involved and report suspicious activity for our investigation as a

cooperative effort to combat crime. Members of the Madison Potice Department

are expected to meet or exceed public expectations.

While Officer McDevitt was ¡n route to handle the audible alarm, he made a radio

notification of the alarm. That

Police frequency and coutd

radio transmission was

be overheard by other

made over the Madison

Madison Police units.

transmission in which he inquirede had been informed of the alarm. ln a

replyradiotransmission,dispatchadvisedMcDevittthatG

had received

Therefore, at that point an officer or other

personnel in route to the scene.

Officer McDevitt arrived at the alarm scene at approximately 191 t hours and was

heard on the radio stating, "advise

During Officer McDevitt's radio transmission,

the audible alarm could be heard in the background. Thls entire nIl

Subscribed and sworn to me this â.[Aay ofÃu"200{ / ¿^fi, trn-ti?í,l,1ffi;:'*Wøty

Madisom FolËce Ðepartrarentïntennatr Affairs lrnvestigatiomïA # 08-06lnvestigator: l-t" A[[en GerardSubject: tff. Johm MeÐevüttRF CN : 080000f-7A7

Ctthadinfact in the past that

was investigated by the Madison Police DepaÍmenr,-

The Madison dispatcher advised Patrolman McDevitt over a recorded radio that

he had spokenl. dispatch and they don't control this building. Dispatch

advised Patrolman McDevitt that they were trying to locate a responsible party or

key holder with no estimated time of arrival yet. At approximately 1928 hours, the

Madison Police dispatcher requested that Officer McDevitt telephone

Communications. Officer McDevitt was in fact advised during this conversation

that a guy was coming from Old Lyme and wouldn't be there for about thirty

minutes. Patrolman McDevitt was additionally informed of the easy entry=

Ito gain access content of this conversation waS not

immediately known to the shift supervisor: Lt. Dobbin. Patrolman McDevitt was

therefore aware of the increased sense of urgency for him to act and verify if

burglars were present on scene, ¡f someone was in need of immediate

assistance or if a fire or other emergency existed inside

-

AtSigned: Subscrþ;d and sworn to irie tnis e?l'--7

!2v ttfu ̂ ,206, î .{ ,, ,., r -Notarv Public: I

Madison FolÊce Depantmentlnternal Affairs lnvestigationIA# 08-06Envesúigaton: Lt" Allen GerardSerbject: Off. .Iohn McDevitÉRF CN : 080t00X717

approximately 1931 hours Patrolman McDevitt chose to take no action and

cleared the scene, stating over the police radio: "when they get here, if they need

some assistance have them call in and we will swing back"

At approxímately 1932 hours, Lieutenant Dobbin called Officer McDevitt over the

recorded police radio to check the status as it appeared that

Patrolman McDevitt was neglect in his duties. The following is a summary of the

subsequent radio transmissions between Lieutenant Dobbin and Officer

McDevitt.

Lieutenant Dobbin:

Officer McDevitt:

Lieutenant Dobbin:

Officer McDevitt:

Lieutenant Dobbin:

Officer McDevitt:

"704 743"

"Go Ahead"

"Building Secure?"

"Negative, I don't know if you copied or not. Ah, I am

not going to be jumping over fences. We didn't even

check it; they have a guy coming from Old Lyme. He

is about a half hour out."

"No way around the fence?"

"Negative, it is a rusty old chain link fence. I am not

signed: - u'"-' l'" åV'"-' ffffi;irU uîr r, rî

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Madisom Folice ÏleparÉmentInfennal Affairs InvestigationH.A # 0g-06[mvestígator: Lt, .4lten GerardSub.fiect: Off. John McDevittRF CN : t80ûCIStr717

Based on the above facts and circumstances, Lieutenant Dobbin was required to

respond to evaluate and take care of the scene himself. Upon Lt. Dobbin's

arrival at approximately 1943 hours, he found that the alarm was silent. At that

time, he found that the fence in question was rusty and in poor condition.

However, the locked gate appeared to be newer, apparently galvanized in good

condition with no apparent signs of rust.

Based on the condition of

fence, which was later measured approximately fifty-five (55) inches in height,

started to walk the perimeter of the fence to check for openings.

the

he

Appro found several

spots were the fence was bent over to the point where one could easily step over

the fence. At that point, he entered the facility

Subsequently, he checked the facility,

around the facility. However, he was unable to

find the cause of the alarm.

Signed: Subscribed and sworn to me this &fauy olfu ,2ooú " -Notary Public: /.ty' r '*{

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IV[adËsor¡ Po[ice ÐepartmentIn úernal Affairs InvestígatÍonl^4 # 0E-06{nvesúigaton: Lt" Allern GerandSnabject: tff" .ïohn McÐevËÉtRF CN : t80ttû1717

Lieutenant Dobbin walked back towards the gate and his cruiser, at

approximately 1958 hours. He observed a civilian employee of the Wetlands

Restoration Unit identified as unlock the gate and dive into the

facility. While speaking to

-

he learned that he was not a police officer.

When Lt. Dobbin radioed that the key holder was on the scene, Officer McDevitt

radioed that he had been sitting on Inoad and would be returning to the

scene in a minute. lt was clear that Patrolman McDevitt made no attempt to

maintain a visual on the perimeter while parked down the road. Patrolman

McDevitt was unaware of either Lt. Dobbin's arrival and entry into the facility or

the key holder's arrival and entry until after it was announced over the police

radio. Anyone including perpetrators could have come and gone from the facility

without Patrolman McDevitt's knowledge or intervention.

Lieutenant Dobbin spoke ,ofabout the status of the alarm and informed

him that he had fou the southeast corner of the

facility. At that time, Jtold him that when he had spoken to the Madison

Police dispatcher on the telephone and told him that the

right of the gate. This was the first time Lt. Dobbin became aware of this

information, and that it had been provided to the Madison Police dispatcher.

About this time, OfficerSigned:

12

itt returned to the scene. ,Upon ehecking the

MadÊso¡r PoBice ÐeparúmenúËmÉerna[ .dffairs [nevesfigationE4# tg-06[nvestigaÉor: [-,t. .&i[en GerandSubjeef; Off. Johm MeDeviÉtRF CN : S80û00\7X7

interior of the buildings withlll they found that a motion sensor in one of the

maintenance buildings had been activated. However, no reason for the

activation could be found.

Prior to clearing the facility, Lieutenant Dobbin had Offícer McDevitt walk with him

over to the southeast corner of the facility

fence that he simply stepped over. Lieutenant Dobbin additionally checked to the

right / north side of the gate and found that approximately eighty feet away, the

-d

was non existent. At that rocation anyone-grounds of the facility. Patrolman McDevitt's explanation for making

no attempt to check the alarm location was: "lt's their gig". Patrolman McDevitt's

statement indicated that he felt that the audible alarm call for service he was

dispatched to investigate was not his problem or concern.

Líeutenant Dobbin subsequently requested copies of radio and telephone

conversations made during this incident from Administrative Lieutenant Robert

Stimpson of this Department. Upon reviewing the conversations, Lt. Stimpson

found that Officer McDevitt made a telephone call to the Madison Police

Dispatcher at approximately 1929 hours, per the Madison Police Dispatcher's

request at approximate)y 1928 hours. ln that telephone conversation theSigned:

t3

Subscribed and sworn to md tbis &{aay offu ,2ooqNotaíyPublic:

- LfØþ{-

Vfladisost Foliee DeparÉmexrÉfnúermæå Affairs InvesÉigaÉÊonI^A # tg-06[mvestígaton; Lt. Allesr GenardSubjecÉ: ûff" "[ohn McÐeviÉúRF CN : 0800t0\717

Officer

Officer

MadisonPoliceDispatcherisrelayinginformationhereceivedt'o'I

J the civiliar employee. The

dispatcher is heard telling Officer McDevitt four (4) times that there

the fence. ln addition the dispatcher is heard telling

McDevitt, "you can get in

McDevitt is heard acknowledging this.

Patrolman McDevitt has demonstrated a pattern of being unwilling to honestly

answer or cooperate with supervisor's directions and/or questions regarding the

duties he is responsible for as a Madison Police Officer. An example of this is

documented in case 0600009789 Supplement page 4, paragraph # 10 where it

reads in part: That Madison Police / Fire emergency dispatchers to include

Robert Maluk have reported that Officer McDevitt often phones them and

complains after he is dispatched to calls for service. Officer McDevitt is alleged to

phone dispatch on his personal cell phone without the knowledge of the on-duty

shift supervisor and complains, asking "What am I supposed to do" and / or "Why

are you sending me to this call?" Another example is documented in l.A. 98-007

page 22 of 104 where Patrolman McDevitt stated (he did not recall or He did not

know) over two dozen times in one paragraph when being questioned by a

supervisor. ln a follow-up for,clarification on some questions, he again

Madison Folice ÐepartrnentEnÉennal Affaårs InvestigationHA # CI8-06

[nvesfigaton: Lt" Aå[en GerardSuhject: tff" "FoËem lV{eÐeviútR.F CFI : 08CI0$01717

answered variations of (l don't recall) approximately another eight times on page

83 of 104.

Patrolman John McDevitt was interviewed regarding this lnternal Affairs case #

08-06 on April 09, 2008 and again on April 30, 2008. He was asked if he agreed

with the Mission Statement of the Madison Police Department and his reply was

"For the most part", indicating that he didn't agree with all of it. He was asked if

he agreed with the Madison Police Code of Ethics and stated "For the most part.

Sure", indicating that he didn't agree with it in its entirety. Patrolman McDevitt has

been dispatched to hundreds of alarms over the years but stated that he was

only confident "At Times" to properly investigate them without supervision.

Patrolman McDevitt agreed that he was dispatched to investigate an "Alarm" and

not dispatched tof which is the "oO"

consistent in acknowledging that he was on duty, being paid by the

He was

town of

Madisonandwastheprimaryofficerdispatcheototrre]audiblealarm

on 02f-08. He acknowtedged that he did not know for sure what type of audible

alarm he had responded to, i.e. burglar, fire, medical etc. He admitted that he did

not.check the actual buildings, did not walk along any portion of the perimeter

and did not even exit from his patrol car during the entire time he was on scene.

He additionally acknowþdgeQ;ghat he cleared the alarm location before a keySigned:

l5

Subscribed and sworn to me this rLfilu,*":;YWI

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Madisom Po[ice l]e¡lartrmemúïmÉermal,&ffaÊrs trnvestigatÊomå.4 # tg-CI6EmvesÉågaÉor: I-ú" Allem GenardSuhjeaÉ: Off" Johm McÐevitfRF'CN : SE{}S0Û1717

holder arrived, thus leaving the facility unsupervised and unprotected. He

additíonally admítted that he did not maintain a visual on the facility and that he

was unaware that Lt. Dobbin and the civilian key holder and arrived and entered

onto the grounds. He offered conflicting explanations why he'did nothing. He

stated that he didn't want to climb over the gate or fence. This excuse had no

merit whatsoever, because he had knowledge that he didn't have to climb over

any fence The fact that stated he didn't want to

climb over the fence indicates that he realized he had a responsibility to check

the facility for criminal activity, perpetrators or citizens in need of assistance.

However in contrast to his previous excuse, he later claimed that he had no

responsibility to investigate the alarm in Madison's jurisdiction because it was

located

Gonclusion

That based on the facts and circumstances as stated above, Officer John

McDevitt did not fulfill his basic patrol duties, functions, responsibilities or

expectations as a Madison police officer, failing to put any investigate effort into

the cause of the active audible alarm he was dispatched to and on scene for

approximately twenty minutes, on Wednesday Februaryf, 2008. lf Patrolman

t6

Subscribed and sworn to me tUis &fday orfi-_,20a6

MOø *fNotary Public:

Vladisan Foliee DepartnnentXntenmal Affains InvestigafionEA # 08-t6[ravesÉigator: l-É. .4ilen GenandSubjec{:: Of"f. .Iohm MeÐevittRF CN : S80CI001717

McDevitt had taken the time to merely get out of his patrol vehicle as normal

protocol, he would have easily found numerous ways to access the facility

perimeter with minimal physical effod. Patrolman McDevitt had a duty to

thoroughly investigate this alarm in an effícient timely manner, regardless of

whether or not he thought other law enforcement agency personnel may be

respondíng. His actions and omissions violated the basic trust bestowed on him

by the residents, business owners, merchants, and taxpayers of the Town of

Madison who expect and are entitled to competent law enforcement services.

Patrolman McDevitt's unacceptable conduct should not be tolerated, coming

during a time when it is well known that the Madison Police Department is

struggling to regain the confidence and trust of the public.

When Lieutenant Dobbin asked Officer John McDevitt if the building was secure,

Officer McDevitt reported that the facility was fenced in. When Lieutenant

Dobbin very clearl¡¿ asked Officer John McDevitt if the¡,e was a way around the

fence, Officer McDevitt made a conscious choice and decision to be untruthful

and deceptive by responding "negative". Patrolman McDevitt made this false

declaration having knowledge obtained just three (3) minutes earlier by a

Madison Police Dispatcher, that there was a way around the fence. A police

Subscribe$and sworn f.o nie this &ft;;;t,fii,tooq

t7Notary Public: ':ÉMZ_

Madisom FolÍce ÐeparúrnemúËn terruæE Affairs [nvestigaÉion[A # t8-06lnvesúågator: tr t. Allen GenandSubjeaÉ: Off. John McÐeviÉÉRF'CN : 0800001717

officer must maintain his character and credibility, because

gone forever.

once it's lost, it's

Madison police officers have a duty and obligation as dictated in our Mission

Statement, Oath of Office and Code of Ethics to lead by example. Patrolman

McDevitt was aware of the serious consequences for violations of these

standards due to termination hearings in the recent past. The administration of

the Madison Department of Police Services has gone so far as to enlarge and

post these standards around políce headquarters in advance of Patrolman

McDevitt's actions in this LA. Patrolman McDevitt has chosen to act in a manner

contrary to these required standards of conduct and has therefore discredited

himself, his fellow officers as well as the police department as a whole. His

actions have tarnished his own character and credibility as well as that of his

agency. Patrolman McDevitt's unwillingness to adequately perform his duties and

his deceptive conduct are all indicators that he is unwilling or unable to continue

as a member of this department.

The actions and conduct of Patrolman McDevitt have caused a disruption in

Madison Police operations. This is evident in part by his supervisor having to

respond the scene of alarm to address the call himself. The cost of

Subscribeç! and sworn to m.e this *þ¡-aay ofñ ,2otqñå,^ffiL ltfMry

18

Madison Fo[ice Ðepantmentfnúernal Affairs [nvestigationI.4 # 08-t6lnvestÍgator: l,t. .AÄlen GerandSubject: Off, .lo[¡ra WfcE]eviÉtRF CN : 080Û0SL7X7

supervision as related to Patrolman McDevitt is unacceptable and should not be

tolerated.

Patrolman McDevitt knowingly, willingly and deliberately avoided, disregarded

and abandoned his patrol duties by not investigating a call for service, being an

active alarm that he was sent to. He was additionally untruthful to his supervisor,

attempting to cover up and conceal his delinquent acts and omissions. McDevitt's

actions / inactions served to condone and promote a culture of police

misconduct. He displayed an unwillingness and inability to perform basic

assigned tasks and failed to conform to work standards established for his rank,

grade and position as a Madison police officer. Patrolman McDevitt has thereby

violated the public's trust by tarnishing the credibility of the Madison Police

Department and all of its members. He failed to adequately carry out his sworn

Oath of Office and Code of Police Ethics. The Madison Police Department strives

for excellence over mediocrity; however Patrolman McDevitt has failed to rise to

even basic minimal standards of performance.

The definition of related department offenses and violations are listed in part

under 5.4.2 and are as follows: Neglect of duty or disobedience of orders- Police

officers while on duty sþll devote their time and energies to the duties and

Signed: #r / l-/- Subscribçd and sw-orn trj me this Jf'+ d;y "iÃ,J ,20ñ t r ¿.Notaíyffili.,'W

Madiso¡r Folice ÐepartxnentInÉen¡¡al Affairs InvestigationïA# CI8-t6[nvesÉigaton: l-,t" Allexr GerardSubjeet: Off" Johm MeÐeviÉÉRF'CN : 08tt$01717

responsibilities of the rank, grade, or position to which they are assigned; in

carrying out those duties, officers shall direct and coordinate their efforts in such

a manner as will tend to establish and maintain the highest standard of efficiency.

Any conduct or omission, which is not in accordance with one's established and

ordinary duties or procedure, or which constitutes use of unreasonable judgment

in the exercise of the discretion granted to an individual officer, shall be

considered neglect of duty: Fail to take police action, on or off duty, in or out of

uniform, and/or fail to file any required written report; Fail to conduct a proper,

thorough and complete investigation, or to thoroughly search for, collect,

preserve and identify evidence of persons, property, and locations following any

arrest or other investigation; Fail to properly patrol one's beat or sector, or to

respond to a radio call.

Requirements under Madison Police Department rules and regulations, policies

and general orders are in part; Conduct unbecoming an officer- a police officer is

the most conspicuous representative of government, and to the majority of the

people he/she is a symbol of stability and authority upon whom they can rely. An

officer's conduct is closely scrutinized, and when his/her actions are found to be

excessive, unwarranted, or unjustified, they are criticized far more severely than

other walks of life. Since the conduct of an

Subscribed and swofn to me this 9{a"y oú-,20qNotdry Public: -Frf'#f 7q

comparable conduct of

20

MadÊson PoÍice ÐeparÉmenúHnternal .4ffairs Investigation[A # 08-06Investigaton: [,É" ^A.ilen GerardSubject: Of'f. Johxr McDevñttR.F'CN ; 08000017X7

officer, on or off duty, may reflect directly upon the Department, an officer must at

all tÍmes conduct him/herself in a manner which does not bring discredit to

him/herself, the Department or the town. Conduct unbecoming a police officer

shall include that conduct which tends to indicate that the officer is unable or unfit

to continue as a member of the Department, or tends to impair the operation of

the Department or its other members. Such prohibited activity is: Engage in

conduct which is prejudicial to the good order, efficiency, or discipline of the

department; False official statement, oral or written; Arrogance, oppression or

tyranny in discharge of duty; Negligence in the care of public property, i.e.,

abuse, misuse, waste, or willful destruction; Any malfeasance, nonfeasance, or

misfeasance of duty; Conduct tending to case disrepute on the Police

Department; Any other acts contrary to good order and discipline or constituting a

violation of any departmentat rute, regulation, order, instruction or memorandum.

Patrolman John McDevitt has not shown or expressed any remorse, refusing to

recognize his error of being untruthful. His deception led him away from an alarm

location without checking it, creating serious potential consequences of public

safety. Patrolman McDevitt does not have an acceptable record with the Madison

Police Department as documented in computer, personnel and/or disciplinary

erous lnternal Affairs investigations which

Subscribed and swc,ür to me this .*[a"y of&,rgú,

^Åtr't r.r

files. These documents indicate

2lñå,,ffiú¡'.|""'{Å

Madison Folice ÐepartmentInÉenr¡atr AffaÍrs fnvesÉigation[A# 08-CI6

[mvestigaÉor: Lt. AlEen GenandSub3ecÉ: Off. John lV[cÐevittR.F CN : 0E00001777

included, but are not limited to: Two counseling's and a Written Reprimand for

Conduct Unbecoming an Officer, l.A. # 94-019, #95-007 &# 98-006, A Verbal

Warning for lnsubordination / Neglect of Duty, 94-009, Truthfulness with no

action taken l.A. 94-017, and another Truthfulness l.A. 06-03 which was

negotiated away by Chief Paul Jakubson for a sustained charge of Failure to

Care for Department Building.

The Brady V. Maryland decision analysis states that: ln law enforcement, there

are no second chances when it comes to the integrity of our officers and

ourselves. ln law enforcement, malicious deceptive conduct is untenable and

cannot be tolerated at any level inn the organization.

Based on the totality of the facts and circumstances as stated above, Patrolman

McDevitt did violate Madiso¡ Police Standards of Conduct sections:Signed:

22

Vladison Fofice Ðepartmemtfnúernal Affains lmvestigationIA # 08-06IxnvestigaÉor: H.É.,{tEen GerandSubjecú; Off" .lCIhm lq/HcÐevittR.F CN ; 08tûûS1717

CHARGES AND SPECIFICATIONS

2.1.6 TRUTHFULNESS

Speak the truth at all times and under all circumstances. ln cases in whích

he/she is not allowed by the regulations of the Depañment to divulge facts within

his/her Knowledge, he/she will decline to speak on the subject.

Patrolman John McDevitt made a conscious deliberate decision to be untruthful

while on duty when telling his immediate supervisor that there was no way

around a fence at an audible alarm call for service that he was responsible for.

He made this choice, knowing the serious consequences of lying, thereby loosing

his credibility within our agency as well as our court system.

2.1.13 OATH OF OFFICE, CODE OF ETHICS

Carry out their oath of office and the code of police ethics to the best of the

Signed: Subscrþd and sworn to me this *l¿ay ofloN_,2}OqNåtffF,,u-ri"'' tflff 7ú{

I23

Madison Folice Deparfmemúlnternal Affairs InvestÍgaúionnA # t8-06InvesÉÍgaúor: Lt" A[[en Gerae"dSarb.fect: tff. "ãohn McÐevittR.F CN : t80tt01717

member's ability.

Patrolman John McDevitt made a conscious deliberate decision to violate the

Madison Police Oath of Office and Code of Ethics by failing to faithfully discharge

and perform his duties. He failed serue to the community by safeguardíng lives

and property thereby failing to maintain public faith and trust. Patrolman McDevitt

stated that he only agreed with his Code of Ethics "For the most part".

2.1.16 ATTENTION TO DUTY

Regardless of rank or assignment, act promptly to protect life and property,

prevent the'commr.ssion of ,a críme, and apprehend violators of the law; handle

complaints, calls for assr.sfa nce, arresfs, and other duties in a firm and calm

manner without any unnecessary /oss of time; render assrsfance to allpersons

who request it, including fellow officers, so far as such assrsfance is consistent

with police duties. Any member who fails to efficiently perform his/her assþned

duty may, be charged with Neglect of Duty.

Patrolman John

protect life and

McDevitt made a conscious deliberate decision when he failed to

property or make any attempt to prevent the commission of a

cnme or app while on duty. He failed to handle a complaintSigned: Subscribed and s¡¡orn to rne thts ?I

day oþTg-,20úNðtaíyffiric, trØFf

24

nd vÍ

Madisor¡ Pollce DeparÉmentX¡r Éennal .Affai rs Inves fÍgaúionå,{ # 0g-06Investigator: Lf" A[[en GerardSubjeet: tff. "lot¡n MeÐevittRF CN : 0800t0f-717

although he was on scene for an extended period of time

the scene with no investigative effort.

and choose to leave

2.3.2 CONDUCT UNBECOMING AN OFFICER :I.¡5{

Conducting him/herself ín a way which reflects díscredit upon the member as a

police officer or upon his fellow officers, or the Police Depaftment, or which tends

to indicate that the officer is unable or unfit to continue as a member of the Police

Department, or tends to impaír the operation of the Police Depaftment or its

officers.

Patrolman John McDevitt made a conscious deliberate decision of avoidance

regarding a call for service and additionally chose to be untruthful on a recorded

radio transmission which is a public record. Patrolman McDevitt's actions and

omissions discredited him, his fellow officers and his agency.

2.3.3 NEGLECT OF DUTY

signèd: åæ- Subscribed¿urdswomtome this 3l'ç day of;fu, 2ooq t .r.f ,*tqnú [_

25Notary Public:

Madison Políee DepartmenÉfnternal Affains InvestigaúionIA # 08-06Envestigaton: Lt" Allexr GerardSubject: Off" .Ïohn MeHlevåÉtRF CN : t800t01717

Conducting or omitting the pefformance of one's duty such that that pefformance

is not in accordance with established and ordinary duties or procedures, or which

constitutes use of unreasonable judgment in the exercising of any discretion

granted to a police officer.

Patrolman John McDevitt made a conscious deliberate judgment decision to

avoid his ordinary duties of investigating an audible alarm he was dispatched to

as the primary investigating officer, contrary to established procedures. '

2.3.31 INCOMPETENCE

An officer shatt maíntain competency to pefform his/her duty and to assume the

responsibilities of his positíon. lncompetence may be demonstrated by the

fotlowing: An unwillingness or inabitity to perform assigned fasks. The failure to

conform to work standards established for the officefs rank, grade or position.

Patrolman John McDevitt made a conscious deliberate decision by being

unwilling to perform an assigned task of investigating an audible alarm in which

he was the primary responding officer in his assigned sector of patrol. He' failed

signed:dæ;,*2, Subscribed and sworn to mô tttts âlaay ofrfnn,zO@Nåtarfeuunc, U{rtr7T

26

Madison FoËiee ÐepartmentInterna! Affaåns lnvestigatiomIA # 08-06hevestigator: Ë.t. A[[en GerandSubject; Off" .lohn McDevittRF CIq : 0800t01717

to meet minimum work standards for his rank of Patrolman. Grade A status in the

Patrol Dívision.

5.4.2 OFFENSES AND VIOLATIONS

Departmental offenses and violations include but are not limited to the following:

Section D, Neglect of Duty: # 1, # 4 &# 11.

Section F, Conduct Unbecoming an Officer: # 2, # 14, # 18.

Section H, False Official Statement

Section V, Conduct Tending to Cause Disrepute on The Police Department

Section Y, Any Act contrary to Good Order

Subscribed and sworn to me tnis 2lday of Í-¿V ,20tfuþ" =N"t^V P"

27

Madison Police Department

Superuisor's Observation Report- \. Case Number:

CONTINUATION

Îii:.í. :;-;li:'.,.ü:li;;ri r:ì1 i

Associated Union Grievance Number (if applicable)

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