[1. Call meeting to order.]
[00:00:04]
I CALL THIS A MEETING OF THE MUNICIPAL FIRING POLICE CIVIL SERVICE BOARD TO ORDER FOR JULY 22ND, 2024.
[2. Roll Call ]
MS, LET'S HAVE A ROLL CALL.AND THE RECORD WILL REFLECT THAT BRADLEY RICKS IS NOT IN ATTENDANCE.
[3. Provide Update Regarding Status of Board Member, William "Bill" Johannessen.]
UM, MR. JOHANSEN ON PERSONAL PRIVILEGE.I JUST WANTED TO THANK EVERYONE, UH, FOR THE OPPORTUNITY TO SERVE ON THE BOARD.
UM, I LIVED IN THE UNINCORPORATED AREAS OF BATON ROUGE UNTIL THE, UH, LOUISIANA SUPREME COURT DENIED THE REHEARING BY AGAINST THE CITY OF ST.
SO NOW I LIVE IN THE CITY OF ST.
GEORGE, AND PER THE RULES THAT WE LEARNED THE DAY OF THE, UH, THE DAY OF THE RULING AT OUR CIVIL SERVICE TRAINING, UH, I HAD TO SUBMIT MY RESIGNATION.
AND THIS WILL BE MY LAST MEETING, OR UNTIL THE, UH, METRO COUNCIL HAS APPOINTED A NEW BOARD MEMBER.
I WANTED TO THANK EVERYONE FOR THE OPPORTUNITY, THE, THE METRO COUNCIL, UH, FOR ENTRUSTING ME TO THE BOARD AND THEN TO WORK WITH YOU.
IT'S BEEN, IT'S BEEN A GOOD HONOR.
AND WE APPRECIATE YOU BEING WILLING TO CONTINUE TO SERVE UNTIL SUCH TIME AS A NEW APPOINTMENT.
AGENDA ITEM NUMBER FOUR, CONSIDER MOTION TO APPROVE THE AGENDA.
MR. THOMAS, I UNDERSTAND WE NEED YOU.
[Opportunity for Public Comment]
PUBLIC COMMENT.THANK Y'ALL FOR ALLOWING ME HERE THIS MORNING, UH, HONORABLE MEMBERS OF THE CIVIL SERVICE BOARD.
I APPRECIATE THE OPPORTUNITY TO ADDRESS YOU TODAY REGARDING THE MATTER TO ADDRESS YOU, TO ADDRESS YOU TODAY OF THE UTMOST IMPORTANCE OF OUR DEPARTMENT AND THE COMMUNITY WE SERVE AS THE CHIEF OF THE BATON ROUGE FIRE DEPARTMENT, IT IS MY DUTY TO UPHOLD THE HIGHEST STANDARDS OF INTEGRITY, ACCOUNTABILITY, AND STEWARDSHIP OF TAXPAYERS' DOLLARS.
RECENTLY, A DECISION WAS MADE CONCERNING THE DISCIPLINE OF A BATON ROUGE FIREFIGHTER, WHOM I HAD DETERMINED SHOULD BE TERMINATED DUE TO SERIOUS MISCONDUCT.
TO PROVIDE CONTEXT, THIS FIREFIGHTER WAS ACCUSED OF WORKING FOR ANOTHER COMPANY WHILE ON SICK LEAVE FROM OUR DEPARTMENT, A CLEAR BREACH OF PUBLIC TRUST.
AFTER A THOROUGH INVESTIGATION AND CAREFUL CONSIDERATION, I DECIDED TO SET TO TERMINATE THE SET FIREFIGHTER.
THIS DECISION WAS NOT MADE LIGHTLY, BUT WAS NECESSARY TO UPHOLD THE INTEGRITY OF THE DEPARTMENT AND TO MAINTAIN THE TRUST OF THE COMMUNITY WE SERVE AS STEWARDS OF TAXPAYERS DOLLARS.
IT'S INCUMBENT UPON US TO ENSURE THAT EVERY MEMBER OF OUR DEPARTMENT CONDUCTS THEMSELVES WITH THE UTMOST HONESTY AND ADHERES TO THE RULES AND REGULATIONS THAT GOVERN OUR WORK.
I MUST EXPRESS MY DEEP CONCERN AND DISAPPOINTMENT REGARDING A RECENT ACTION TAKEN BY THE CIVIL SERVICE BOARD TO REDUCE THE FIREFIGHTERS DISCIPLINE FROM A TERMINATION TO A 14 DAY SUSPENSION.
THIS DECISION SENDS TROUBLING MESSAGES ABOUT OUR COMMITMENT TO ACCOUNTABILITY AND MAINTAIN THE HIGHEST STANDARDS OF CONDUCT WITHIN OUR RANKS.
ADDITIONALLY, I MUST ADDRESS THE USE OF EXECUTIVE SESSION BY THE BOARD TO POTENTIALLY DELIBERATE AND MAKE DECISIONS ON SUCH CASES.
WHILE I RESPECT THE NEED FOR CONFIDENTIALITY IN CERTAIN MATTERS, IT IS MY OPINION THAT USING EXECUTIVE SESSION FOR FINAL DELIBERATIONS ON DISCIPLINARY ACTIONS MAY NOT ALIGN WITH THE INTENT OF THE PURPOSE OF EXECUTIVE SESSION RULES.
TRANSPARENCY AND ACCOUNTABILITY ARE CRUCIAL IN MAINTAINING PUBLIC TRUST.
AND DECISIONS OF THIS MAGNITUDE SHOULD BE SUB SUBJECT TO SCRUTINY AND DISCUSSION AND OPEN SESSIONS WHENEVER POSSIBLE.
AS A CHIEF, I'M ENTRUSTED WITH THE RESPONSIBILITY TO ENSURE THAT OUR DEPARTMENT OPERATES EFFICIENTLY, ETHICALLY, AND IN ACCORDANCE WITH THE LAW.
UPHOLDING DISCIPLINARY STANDARDS IS CRUCIAL, NOT ONLY FOR MAINTAINING THE MORALE AND DISCIPLINE WITHIN OUR DEPARTMENT, BUT ALSO SAFEGUARDING THE PUBLIC INTEREST IN TAXPAYER'S DOLLARS.
ANY OTHER COMMENTS FROM THE PUBLIC?
[00:05:02]
ANY OTHER COMMENTS FROM THE PUBLIC? HEARING? NONE.WE'LL CLOSE THE PUBLIC COMMENT SECTION OF THIS MEETING AND MOVE
[4. Consider Motion to Approve Agenda.]
TO AGENDA ITEM FOUR.CONSIDER A MOTION TO APPROVE THE AGENDA.
MR. THOMAS, I UNDERSTAND WE NEED TO ADD AN ITEM.
I MOVE TO REQUEST A EXAMINATION FOR THE B FOR BRPD IN REFERENCE TO CRIMINAL INTELLIGENCE ANALYST.
THE SERGEANT'S TEST AND THE LIEUTENANT'S TEST.
DO YOU MOVE TO THAT EFFECT, SIR? I'LL SECOND THE MOTION.
IT'S BEEN MOVED AND SECONDED THAT WE ADD TO TODAY'S AGENDA, UH, FOR PROMOTIONAL TESTS FOR THE BATON ROUGE POLICE DEPARTMENT FOR SERGEANT, LIEUTENANT AND CRIMINAL INVESTIGATION SPECIALIST, CORRECT.
CRIMINAL INTELLIGENCE ANALYST.
CRIMINAL INTELLIGENCE ANALYST.
AND NOW I NEED A MOTION ON THE REVISED AGENDA APPROVAL.
I MAKE A MOTION THAT WE APPROVE THE REVISED AGENDA.
MOVED AND SECONDED THAT WE APPROVE THE REVISED AGENDA.
WE ADVISED THE AGENDA IS ADOPTED.
THAT MEANS WE NEED TO ADD THAT ITEM.
WHERE SHOULD WE PUT THAT? Y'ALL PROBABLY SHOULD HAVE DID, LIKE, DECIDED WHERE TO PUT IT BEFORE WE ALL DID THE MOTION, BUT I WOULD JUST PUT IT AT THE END THEN
WHY DON'T WE DO THAT BEFORE ADJOURN.
REMIND ME, MR. MR. THOMAS THAT WE'RE GONNA PUT THIS AT THE END OF AGENDA.
AT LEAST I'LL, LET ME FORGET TO CONSIDER IT.
[5. Consider Motion to Approve Minutes from June 24, 2024, regular meeting.]
ITEM FIVE, CONSIDER MOTION TO APPROVE THE MINUTES FROM JUNE 24TH, 2024.UM, YOU, EACH OF US HAVE SEEN THE MINUTES.
I HAVE NO CORRECTIONS TO BE MADE.
SO MOTION IS IN ORDER TO APPROVE.
THE MINUTES MOVED BY MR. THOMAS.
[6. Consider Motion to Approve or Reject Personnel Action Forms.]
AGENDA ITEM SIX, CONSIDER MOTION TO APPROVE OR REJECT PERSONNEL ACTION FORMS. DO WE HAVE ANY MR. POOL? YES.DO MR. THOMAS OR MR. LEMON? YES, SIR.
WAS YOUR PLEASURE? I MOVED TO APPROVE THE PERSONNEL ACTION FORM.
DO JUST FOR THE POLICE DEPARTMENT? BOTH JUST FOR POLICE.
OKAY, LET'S, LET'S MAKE SOME SEPARATE MOTIONS.
SO MR. THOMAS MOVES THAT WE ACCEPT, UH, PERSONAL ELECTION FORMS FOR THE DEPARTMENT OF POLICE.
AND MR. LEMON, I'LL MAKE A MOTION TO APPROVE PERSONNEL ACTION FORMS FOR THE BATON ROUGE FIRE DEPARTMENT.
SECOND BY MR. THOMAS TO APPROVE PERSONNEL ACTIONS FORM FOR THE FIRE DEPARTMENT.
[7. Consider Motion to Review/Accept Test Scores.]
AGENDA ITEM SEVEN, CONSIDER MOTION TO REVIEW ACCEPT TEST SCORES.WE DO HAVE TEST SCORES FROM, UH, THE STATE EXAMINER'S OFFICE FOR ASSISTANT CHIEF, FIRE INVESTIGATOR AND FIRE INVESTIGATOR.
[00:10:16]
HMM.AS I SAID, WE HAVE JEFF GEORGE FOR ASSISTANT CHIEF FIRE INVESTIGATOR AND FIRE INVESTIGATOR.
AND I'M GOING TO PASS THESE AROUND THAT.
AND WHEN YOU HAVE DONE SO, A MOTION WILL BE IN ORDER.
I WOULD SAY ON THE RECORD IF EVERYBODY PASSED THE EXAM TOO.
EVERYBODY WHO, UH, WAS PRESENT.
I'LL TAKE ANOTHER LOOK THAT WHEN THEY SEND THEM BACK, WHILE YOU'RE LOOKING AT THOSE, IF YOU'LL INDICATE WHETHER EVERYBODY PASSES OR NOT, GIVE ME THAT INFORMATION SO I CAN ANNOUNCE IT.
ONE PERSON DIDN'T, ONE PERSON DID NOT.
FOR WHICH POSITION? FIRE INVESTIGATOR.
SO WE HAVE ONE PERSON WHO TOOK THE EXAM BUT DID NOT PASS FOR FIRE INVESTIGATOR.
FOR A MOTION TO APPROVE THESE TESTS GOES IS AN ORDER WITH THE EXCEPTION OF THAT ONE PERSON WHO DID NOT PASS.
JUST TO ACCEPT THE TEST SCORES.
I'LL MAKE A MOTION TO ACCEPT THE TEST SCORES.
I SECOND MR. THOMAS SECOND THAT WE APPROVE THE TEST SCORES.
[8. Consider a Motion to Approve request from Chief Michael Kimble to call for Deputy Fire Chief Exam with a waiver for probational Assistant Fire Chiefs to take the exam.]
ITEM EIGHT.CONSIDER A MOTION TO APPROVE REQUESTS FROM CHIEF MICHAEL KIMBLE TO CALL FOR DEPUTY FIRE CHIEF EXAM WITH A WAIVER FOR PROMOTIONAL ASSISTANT FIRE CHIEF TO TAKE THE EXAM.
MR. LEMON, YOU HAVE A COMMENT TO MAKE ABOUT THAT OR, UH, THE LIST THAT WE HAVE FOR, UH, DEPUTY CHIEF HAS EXPIRED OR WE ONLY HAVE ONE PERSON ON THE TEST.
SO WE WERE GONNA, UH, MAKE A WAIVER TO ALLOW, UH, PROBATIONAL ASSISTANT CHIEF TO BE ABLE TO TAKE THE DEPUTY CHIEF EXAM.
IF YOU WANT ADD SOMETHING TO THAT.
SO JUST TO CLARIFY WHAT CAPTAIN LYMAN'S SAYING, OUR DEPUTY CHIEF'S LIST, WE'VE EXPUNGED IT.
WE HAVE NOBODY THAT IS A CONFIRMED ASSISTANT CHIEF.
SO WE WANNA LOWER THAT QUALIFICATION TO A PROBATIONARY ASSISTANT CHIEF.
WHAT'S YOUR PLEASURE? BOARD MEMBERS, I MAKE A MOTION THAT WE ACCEPT MR. NOMAN MOVES THAT WE, UM, APPROVE A REQUEST FROM CHIEF KIMBALL FOR DEPUTY FIRE CHIEF EXAM WITH A WAIVER FOR PROMOTIONAL ASSISTANT FIRE CHIEF TO TAKE THE EXAM.
[9. Consider Motion to Approve/Reject Application/Test Scores for Police Communications Officer I.]
AGENDA ITEM NINE,[00:15:02]
CONSIDER A MOTION TO APPROVE OR REJECT APPLICATION TEST SCORES FOR POLICE COMMUNICATIONS OFFICER ONE.WE ALREADY DID THAT, DIDN'T WE? NO, WE DIDN'T DO FOR POLICE.
THE FIRE DEPARTMENT, THE ONE THAT DIDN'T MAKE IT TIMELY ENOUGH COME LAST MONTH.
HE ACTUALLY SENT IT IN THE DAY AFTER THE MEETING.
SO I DID, UH, PROVIDE MR. THOMAS.
UH, THERE WAS AN APPLICANT WHO WANTED HER TO HAVE HER TEST APPROVED FOR POLICE COMMUNICATIONS OFFICER ONE.
SHE SUBMITTED HER APPLICATION AND TEST RESULTS THE DAY AFTER LAST BOARD MEETING.
AND SO I MADE MR. THOMAS AWARE OF THAT.
HE DID REVIEW HER APPLICATION AND TEST SCORE AND SO THEREFORE IT'S PLACED ON THE AGENDA FOR APPROVAL.
AND SHE DOES MEET ALL QUALIFICATIONS.
AND SO WHAT'S YOUR PLEASURE? I MOVE TO APPROVE IT.
UH, MR. THOMAS MOVES THAT WE APPROVE THE TEST SCORE FOR POLICE COMMUNICATION OFFICER ONE.
DO I HAVE A SECOND? I'LL SECOND.
[10. Conduct a Public Hearing on behalf of Baton Rouge Fire Department: Modification to job specification - Medical Training Officer.]
ITEM 10, CONDUCT A PUBLIC HEARING ON BEHALF OF THE BATON ROUGE FIRE DEPARTMENT MODIFICATION TO JOB SPECIFICATION MEDICAL TRAINING OFFICER.FIRST, LET'S CONSIDER A MOTION TO OPEN THE PUBLIC HEARING.
I'LL MAKE A MOTION TO OPEN THE PUBLIC HEARING.
MR. JOHANSEN MOVES THAT WE OPEN THE HEARING.
AND MR. CHAIR, NOW I WOULD ASK FOR ANY COMMENTARY, UH, FROM ANYBODY ON THE PROPOSED CHANGES.
SO THEN WE WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.
I MAKE A MOTION TO CLOSE THE PUBLIC HEARING.
MR. LEMON MOVES THAT WE CLOSE THE PUBLIC HEARING.
THE PUBLIC HEARING IS HEREBY CLOSED AND NOW THE BOARD IS TO CONSIDER A MOTION TO APPROVE AND ADOPT PROPOSE MODIFICATIONS TO THE JOB SPECIFICATION OR MEDICAL TRAINING OFFICER, WHAT'S YOUR PLEASURE BOARD? I MAKE A MOTION TO ACCEPT THE MODIFICATION OF THE JOB SPEC SPECIFICATION MEDICAL TRAINING OFFICER MR. LEMON MOVES THAT WE ACCEPT, APPROVE THE, UH, MODIFICATION TO JOB SPECIFICATION.
DO I HAVE A SECOND? I SECOND IT.
[11. Consider Motion to Approve Finding of Fact related to Kyle Flint Appeal.]
CONSIDER A MOTION TO APPROVE FINDING OF FACT RELATED TO KYLE FLINT APPEAL.PER THE, UH, CHAIR'S INSTRUCTION, UH, DRAFTED SOME PROPOSED FINDING OF FACTS, THE BOARD IS CERTAINLY ABLE TO, UH, REVIEW, CHANGE, MODIFY AT THIS MOMENT.
OTHERWISE, WE'LL APPROVE AND MAKE 'EM, UH, PART OF THE RECORD.
JOSHUA? YES, I HAD A QUESTION IN REGARDS TO ITEM BULLET POINT NUMBER THREE.
WHICH ONE? UH, THE BOARD DETERMINED THAT THE PUBLIC AND THE DE DEPARTMENT ARE STRONGLY INTERESTED IN FIRING EMPLOYEES USING THE CIVIL, UH, SUPPOSED TO BE FIRE EMPLOYEES FIRED.
SO IT SHOULD BE A FIRE EMPLOYEE.
BUT THE, THE LAST PART OF IT, USING THE SICK LEAVE BENEFIT TO FULLY RECOVER AND RETURN TO REGULAR DUTY AS SOON AS POSSIBLE.
I DON'T, I DON'T THINK THAT'S THE, THAT'S NOT MY UNDERSTANDING OF WHAT WE CAME TO.
WE CAN TAKE IT OUT IF THAT'S, UH, NOT THE ONLY, I I THOUGHT THAT WE HAD USING THE, UH, SICK LEAVE TO NOT WORK AND WORK ADDITIONAL JOBS WAS MORE OF THE, THE POINT OF THAT, UH,
[00:20:03]
MR. RICKS, UM, KEPT, UH, SAYING TO THE CHIEF AND HIS QUESTIONING THAT THE BENEFIT IS DESIGNED FOR, HE DIDN'T WANT ANYBODY TO TAKE ADVANTAGE OF THE BENEFIT.SO THAT'S WHAT THAT IS KIND OF TRYING TO, TO SAY, BUT AGAIN, IT'S NOT DISPOSITIVE TO THE OVERALL DECISION.
THE WORDING OF THAT JUST, YEAH, I DON'T REALLY UNDERSTAND IT.
DO DO YOU HAVE A SUGGESTED WORDING FOR YOU OR WE CAN TAKE IT OUT? I, I WOULD SUGGEST WE TAKE THAT OUT.
I WOULD MAKE A MOTION TO TAKE OUT BULLET POINT NUMBER THREE.
IS THAT, UH, CONSENSUS BOARD MEMBERS THAT CONSENSUS.
OH, NOW YOU CAN GET CONSENSUS.
OPEN IT UP AND THEN WE CAN APPROVE IT AS WE ARRIVE.
MR. THOMAS IS TAKING A LOOK AT IT.
WE'RE TALKING ABOUT JUST STRIKING THAT MR. THOMAS.
I DON'T KNOW IF ANYBODY ELSE HAD A I'M OKAY WITH STRIKING IT.
THE CONSENSUS THAT WE STRIKE IT.
ALRIGHT, IN THAT CASE THEN, UH, ANY OTHER CHANGES? I'LL SUGGEST IT.
I HAVE NONE MODIFICATIONS IN THAT CASE THEN A MOTION TO APPROVE THE MODIFIED FINDING OF FACT IS AN ORDER.
ACCEPT THE MODIFIED FINDING OF FACT MOVED BY MR. JOHANSON.
AND DO HAVE A SECOND? I SECOND.
OPPOSED? THIS NAY, THE REVISED FINDING OF FACT IS APPROVED.
[12. Schedule Appeal Hearing of Officer Earnest Jones received on July 9, 2024, concerning a discipline taken against Mr. Jones on May 11, 2024, through ongoing/indeterminate amount of time. ]
ITEM NUMBER 12 SCHEDULED AN APPEAL HEARING FOR OFFICER ERNEST JONES RECEIVED ON JULY THE NINTH, 2024 CONCERNING A DISCIPLINE TAKEN AGAINST MR. JONES ON MAY 11TH, 2024 THROUGH ONGOING INDETERMINANT.WHAT'S OUR NEXT, UH, POSSIBLE DATE FOR A HEARING MR. GEORGE? AUGUST 26TH.
26TH? DO WE CHOSE THAT DATE? WELL, SO MR. MR. IVY, IF I WOULD, MAYBE IT WOULD BE BETTER IF WE GET A RULING ON, THAT'S WHAT I WAS ABOUT TO MOST SUMMARY DISPOSITION.
BECAUSE IF MS. DUCKWORTH LOSES THAT, UH, THERE'S AN UNOPPOSED MOTION TO CONTINUE THE HEARING ITSELF TO AUGUST 26.
I DON'T KNOW IF YOU WANT TO OVERLOAD THE, EXCUSE ME, OVER LOAD THE BOARD OUGHT TO SAY NO, WE DO NOT WANNA DO THAT
UH, SO MAYBE WE OUGHTA PASS THAT UNTIL AFTER.
EVERYBODY UNDERSTAND WHAT HE'S SAYING? BASICALLY, WE MIGHT DOUBLE UP ON ACCIDENT, SO I I WOULD RECOMMEND WE PASS UNTIL WE MAKE A DECISION ON THE DIS DISPOSITION.
UM, MR. IVY, I JUST WANNA MAKE SURE I UNDERSTOOD THIS.
WHEN DID THE DISCIPLINE HAPPEN IN THIS, UH, ERNEST JONES DEAL? OR IS IT, ARE YOU SAYING IT'S AN ONGOING OH, IT, IT IS STILL ONGOING.
ALRIGHT, WE'LL WE WILL PASS THIS ONE AND I, THEY'LL PROBABLY ARGUING ABOUT THAT.
WE'LL DEFER ITEM 12 THEN UNTIL, UM, NEAR THE END OF THE AGENDA.
AND IT PROBABLY WOULD BE BEST TO SET THAT FOR SOME KIND OF MOTION HEARING.
LOOK LIKE THAT'S WHAT'S GONNA HAPPEN.
WE'LL, WE'LL CONSIDER IT AN AGENDA.
[13.Conduct Appeal of Crystal Duckworth]
13.WE'RE PREPARED TO CONDUCT AN APPEAL OF CRYSTAL DUCKWORTH, CONSIDER UNOPPOSED MOTION FOR CONTINUANCE BY THE BATON ROUGE POLICE DEPARTMENT IN THE CRYSTAL DUCKWORTH APPEAL HEARING SCHEDULED FOR MONDAY, JULY 22ND, 2024, WHICH IS TODAY.
AND MR. CHAIR, I WOULD ADVISE THAT WE TAKE UP ITEM B MOTION FOR SUMMARY DISPOSITION.
IF YES, IF, UH, DUCKWORTH WINS THAT, UH, MOTION FOR SUMMARY DISPOSITION,
[00:25:01]
THEN THERE'S NOTHING ELSE TO CONSIDER.UM, IF SHE LOSES, THEN WE NEED TO CONSIDER ALL THE OTHER ITEMS. OKAY.
AND I THINK THAT IS MS. DUCKWORTH'S MOTION.
SO, UH, I WOULD DEFER TO MR. IVY.
THIS IS AGAIN, A NON TESTIMONY THING.
THIS JUST ARGUMENT MS. DUCKWORTH IS ACTUALLY, UH, AT COURT.
DO Y'ALL WANNA WAIT FOR MS. DUCKWORTH TO GET HERE OR DO YOU SEE SHE OH, I'M SORRY IN THE BACK.
SHALL I MOVE FORWARD? YES, SIR.
UM, IT IS A BRIEF TIMELINE OF EVENTS THAT I PRETTY MUCH EXHAUSTIVELY WENT OVER, UH, AND WHAT WAS SUBMITTED IN WRITING.
BUT, UM, TO PUT IT IN CONTEXT, UH, MS. DUCKWORTH WAS A BAT ROUGE POLICE OFFICER, UH, ON MARCH 2ND OF THIS YEAR, UM, IN OC OCTOBER PRIOR, SHE HAD BEEN PLACED ON RESTRICTED DUTY BY CHIEF MURPHY PAUL, AND SHE WAS ASSIGNED TO THE DESK AT FOURTH DISTRICT UP IN SCOTLANDVILLE FOUR.
I WAS IN HER SHIFT, SHE WAS SENT HOME, AND IF I COULD GET THE EXHIBIT, UH, A LETTER THAT WAS SOMEBODY'S SUPPOSED TO BE AND THEY ADDED, YEAH.
CLIFF, YOU'VE ALREADY TALKED TO THE, THE IT FOLKS AND ALL THAT? OH, YES SIR.
I GUESS THEY'RE OUT LISTENING MEETINGS AREN'T NECESSARILY RIVETING ALL THE TIME.
I KNOW
WELL, I MEAN, IT JUST TAKES A SECOND BECAUSE THAT OFFICER HIT OH, SO END HER SHIFT.
UH, SHE GETS ACCUSED OF HAVING COMMITTED POLICY VIOLATIONS, UH, BY HER IMMEDIATE SUPERVISOR, LIEUTENANT C**K, ALONG WITH SERGEANTS AVERITT AND, UH, TAMRON ALLEN AND PURSUANT TO DEPARTMENT POLICY, SPECIFICALLY GENERAL ORDER ONE 12, SECTION 15 0 5 0.1.
LIEUTENANT ADCOCK ADDRESSES A LETTER TO THE CHIEF THAT SAME DAY AND ACCUSING HER OF NOT ONLY GENERAL ORDER 1 32 REGARDING FIRE, THE FIREARM POLICY, BUT ALSO CONCERNS ABOUT HER DRESS AND WHAT SHE WAS OR WAS NOT TOLD TO WEAR WHEN SHE SIGNED A LETTER, UH, ADDRESSED TO HER, PLACING HER ON RESTRICTED DUTY.
UH, FOR SOME REASON IN THAT LETTER, THERE ARE REMARKS ABOUT HER LETTER OF RESIGNATION, WHY THAT'S IN THE DISCIPLINARY LETTER.
UNDER GENERAL ORDER ONE 12 AS A MYSTERY TO ME.
THERE ARE ALSO REMARKS ABOUT HER DRESS, UH, WHICH SHE MORE THOROUGHLY ADDRESSED ON THE BODY-WORN CAMERA FOOTAGE THAT WAS ATTACHED TO THE MOTION.
AND THAT SHE WAS GIVEN INSTRUCTIONS ON HER ATTIRE BY INTERNAL AFFAIRS WHEN SHE WAS PLACED ON RESTRICT RESTRICTED DUTY, AS YOU CAN SEE BY THE ENDORSEMENTS AT THE BOTTOM.
AND IN COMPLIANCE WITH THAT SAME GENERAL ORDER, IT GOES UP THE CHAIN OF COMMAND.
YOU SEE THE FOURTH DISTRICT COMMANDER, DARREL RE'S SIGNATURE, UNIFORM PATROL COMMANDERS, CAPTAIN WILLIAM CLARA, UH, TO THE DEPUTY CHIEFS.
AND THEN FINALLY AT THE BOTTOM LEFT CORNER, UH, RECEIVED BY CHIEF MORRIS, SHE WAS TOLD TO REPORT TO CAPTAIN CLARA'S OFFICE IS DIRECTED AT ONE O'CLOCK ON THAT MONDAY MORNING, MARCH 4TH, THEN FOR REASONS UNKNOWN TO HER, UH, AND WITHOUT HER CONSENT, SHE WAS CARRIED ON SICK LEAVE FOR SIX HOURS THAT SATURDAY, WHICH WAS THE BALANCE OF HER SHIFT ONCE SHE WAS SENT HOME AND 10 HOURS ON BOTH MARCH 3RD AND MARCH 4TH, DESPITE HAVING ON MARCH 4TH, WHICH BOTH OF THOSE WERE HER REGULAR WORK DAYS, BEING TOLD TO REPORT TO CAPTAIN CLARA'S OFFICE AND ACTUALLY REPORTING TO CAPTAIN CLARA'S OFFICE.
UNFORTUNATELY, FOR SERGEANT, UH, FOR OFFICER DUCKWORTH, SHE WAS OUT OF SICK LEAVE.
SO THIS WAS A, IN EFFECT, A NO PAY SUSPENSION.
THIS APPEAL WAS THEN FILED, LET'S FORGET CASE LAW ASIDE FOR, PUT IT ASIDE FOR A MINUTE.
THE APPOINTING AUTHORITY DID NOT EVEN FOLLOW ITS OWN POLICIES.
[00:30:01]
HERE WE GO.GENERAL ORDER ONE 12 DISCIPLINE THAT GOVERNS THE BOUNDARIES POLICE DEPARTMENT, SECTION 15 0 5 0.1.
AN OFFICER MAY BE RELIEVED PENDING PRE-DISCIPLINARY PROCEDURES, THE REPORT TO THE CHIEF, WHICH IS APPARENTLY WHAT THIS ADCOCK LETTER IS, MUST CITE THE ARTICLES VIOLATED IT DOES, AND MAKE SPECIFIC RECOMMENDATIONS FOR FURTHER DISCIPLINARY ACTION.
IT CLEARLY DOES NOT, BUT FOCUS ON THAT GENERAL ORDER BECAUSE THE DEPARTMENT'S ARGUMENT IS SHE WAS NEVER DISCIPLINED.
I DON'T KNOW HOW THAT'S GONNA FLY WITH THE EMPLOYEE REPS.
YOUR EMPLOYER JUST TOOK 26 HOURS OF YOUR PAY.
I DON'T KNOW HOW YOU RATIONALIZE THAT, BUT LOOK AT THE, THE, THE BATS POLICE DEPARTMENT'S POLICY THAT I CITED IN MY MEMORANDUM.
IT SAYS, YOU MUST MAKE SPECIFIC RECOMMENDATIONS FOR FURTHER, THAT MEANS SENDING HER HOME FURTHER.
ADDITIONAL, YOU HAVE ALREADY DISCIPLINED HER WHEN YOU SENT HER HOME ON HER REGULAR WORKDAY.
THE ABSENCE OCCASIONED BY BEING RELIEVED WILL BE DETERMINED TO BE WITH OR WITHOUT PAY PENDING THIS REPORT AND PRE-DISCIPLINARY PROCEDURES HAVE BEEN COMPLETED.
THIS IS WHERE THIS FAILS BECAUSE NOTHING ELSE HAPPENS IN THIS CASE WITH REGARDING ANY PRE-DISCIPLINARY PROCEDURE.
WITH REGARDING THE ALLEGATIONS SHE GOT SENT HOME FOR IN THAT LETTER ZERO SIX, EVEN THE BATON ROUGE POLICE DEPARTMENT RECOGNIZES AN EMPLOYEE'S APPEAL RIGHTS.
THIS ACTION RESULTED IN MONETARY LOSS.
SO EVEN THE BATON ROUGE POLICE DEPARTMENT RECOGNIZES THE RIGHT FOR AN EMPLOYEE TO BE ABLE TO COME TO THIS BOARD FOR AN APPEAL IN THIS MATTER.
LOOKING AT THE CASE LAW, THE CONSTITUTIONAL PROVISIONS AND THE STATUTORY PROVISIONS, THERE NO NOTICE WHATSOEVER, WHICH MUST BE REDUCED TO WRITING.
THAT'S IN THE LOUISIANA CONSTITUTION.
ARTICLE 10, SECTION AA UNDER STATE STATUTORY LAW 33 2500 D.
YOU MUST FURNISH THE EMPLOYEE AND THE BOARD A STATEMENT IN WRITING OF THE ACTION AND THE COMPLETE REASONS.
THEREFORE, THE LOUDER MILL RULING, WHICH THIS BOARD HEARS ABOUT A LOT DEPRIVATION OF HER PROPERTY INTEREST, HER SALARY, AND HER EMPLOYMENT AS A CIVIL SERVICE EMPLOYEE, MUST BE ANY DEPRIVATION OF THAT PROPERTY.
THAT MEANS IT MUST COME BEFORE, MUST BE PROCEEDED BY NOTICE AND AN OPPORTUNITY TO BE HEARD BEFORE IT WAS TAKEN FROM HER.
AND AS SUCH, GIVEN THE EGREGIOUSNESS OF THIS, WE ARE ASKING FOR THIS BOARD FILE MY INVOICES, UH, ALONG WITH MY REPLY MEMORANDUM FOR ATTORNEY'S FEES AND THE AMOUNT OF THE TOTALITY OF THE INVOICES.
AND I, I'LL TELL YOU THIS, UH, MR. RAINS AND I, I THINK MR. ROBINSON, I THINK THE, THE NEW, THE THREE BOARD NEW BOARD MEMBERS DID NOT HAVE THE PLEASURE DISPLEASURE, NIGHTMARE OF THE MARATHON HEARINGS.
UH, WE HAD ONE WHICH LASTED, I BELIEVE ABOUT 13 HOURS UNDER CHIEF MURPHY PAUL.
BUT I'LL TELL YOU THIS, AS MUCH AS I BUTTED HEADS WITH MURPHY PAUL IN THIS VERY ROOM, THE ONE THING I COULD NEVER SAY ABOUT HIM WAS THAT, OR THE ONE THING THAT I HAVE TO SAY ABOUT HIM WAS IF HE WAS GOING TO TAKE YOUR PAY OR TAKE YOUR BENEFITS FROM YOU, HE'D AT LEAST GIVE YOU A HEARING FIRST AND TELL YOU WHY.
THEY'RE GONNA SIT UP HERE AND THEY'RE PROBABLY GONNA TRY TO REDEFINE WHAT DISCIPLINE IS THEY PUT HER DOWN FOR SICK WHEN SHE WASN'T SICK.
SOME ATTACHMENT TO MY EXHIBIT, UH, ONE OF MY EXHIBITS ATTACHED TO MY MOTION, SHE WAS OUTTA SICK LEAVE.
SO THIS RESULTED IN AN UNPAID SUSPENSION.
[00:35:30]
JIM, I PRESUME THE, UH, THE ONE WITH THE USB IS FOR THE RECORD.UM, PAUL HARVEY HAD A SAYING THAT THERE'S THE REST OF THE STORY, AND I WANT TO GIVE THAT NOW YOU NEED A LITTLE MORE CONTEXT TO UNDERSTAND WHAT WAS GOING ON RELATED TO MS. DUCKWORTH.
SO WE'RE GONNA STEP BACK TO AUGUST NINE OF LAST YEAR.
CHIEF PAUL ISSUED A NOTICE OF RULING IN CASE 0 13 23 WITH THE IA CASE RELATED TO MS. DUCKWORTH, UH, SUSTAINED A CHARGE OF CONDUCT UNBECOMING, AND SHE WAS SUSPENDED EIGHT DAYS.
AND THAT EIGHT DAY SUSPENSION WAS FROM SEPTEMBER 26TH TO OCTOBER 3RD.
AND THEN RIGHT AFTER THAT, THREE ADDITIONAL CASES ARE OPENED RELATIVE TO HER CONDUCT IN THE WEEK OR SO AFTER SHE RETURNED.
THOSE WERE OPENED ON OCTOBER 10 AND 11 OF LAST YEAR.
AND ON, ON OCTOBER 12, SHE'S PLACED ON RESTRICTED DUTY IN CONNECTION WITH CASE 47.
UH, SHE WAS ASSIGNED TO THE DESK AND WAS REQUIRED TO WEAR PLAIN CLOTHES WITH HER FIREARM CONCEALED AT ALL TIMES.
UM, THAT LETTER, THAT RESTRICTED DUTY LETTER IS OUR EXHIBIT FIVE TO OUR BRIEF AND ALL OF OUR EXHIBITS OF TABS, AS I REFERENCED THEM, YOU'LL BE ABLE TO FLIP BACK AND FORTH, SEE THOSE.
HER RESTRICTED DUTY LETTER SPECIFICALLY SAYS, STARTING WITH A SECOND SENTENCE.
UM, WELL, THE FIRST SENTENCE SAYS YOU WERE PLACED ON RESTRICTED DUTY UNTIL FURTHER NOTICE.
YOU WILL CONTINUE YOUR CURRENT WORK SCHEDULE, HOWEVER YOU ARE ASSIGNED TO WORK.
THE DESK WEARING PLAIN CLOTHES AND YOUR FIREARM SHALL BE CONCEALED AT ALL TIMES.
YOU SHALL NOT WORK OR ADMINISTER ANY EXTRA DUTY OR OVERTIME ASSIGNMENTS.
UM, AND WHAT'S IMPORTANT THERE IS THE PIECE ABOUT YOUR FIREARM SHALL BE CONCEALED AT ALL TIMES.
SO THESE THREE CASES THAT SHE, THAT WERE OPENED ON, UH, OFFICER DUCKWORTH AND MS. MS. DUCKWORTH.
NOW, UM, THOSE WERE SCHEDULED FOR A PREDIS HEARING ON JANUARY 31ST, 2024.
OF COURSE, WE HAD A NEW CHIEF COME IN RIGHT AROUND THAT TIME.
SO THOSE CASES, WE WERE RESCHEDULED TO FEBRUARY, I'M SORRY, YEAH, FEBRUARY 28TH, 2024.
AND THAT FEBRUARY 28TH DATE IS IMPORTANT.
I'M GONNA COME BACK TO IT HERE IN A BIT.
THAT LETTER THAT WAS SENT TO HER RESCHEDULING THE HEARINGS FOR FEBRUARY 28TH WAS SENT TO HER ON JANUARY 23RD.
ABOUT TWO WEEKS LATER, A FOURTH CASE, UH, WAS NOTICED.
SHE WAS NOTICED OF ANOTHER PRE-DISCIPLINARY HEARING, AND THAT WAS IN THE CASE 0 61 DASH 24.
AND THAT WAS ALSO SCHEDULED FOR HEARING ON FEBRUARY 28TH, 2024.
SO ON THAT DATE, WE WERE SUPPOSED TO HAVE FOUR PRE-DISCIPLINARY HEARINGS.
UM, WE ALSO HAD THE CASE FOR WHICH SHE WAS SUSPENDED FOR EIGHT DAYS.
SO WE HAD AN APPEAL PENDING BEFORE THIS BOARD, AND WE HAD FOUR PREVIOUS HEARINGS THAT WERE SCHEDULED FOR FEBRUARY 28TH.
UM, ULTIMATELY THOSE MATTERS WERE RESCHEDULED TO MARCH 27TH, 2024 BASED UPON, UM, THE REQUEST OF MS. DUCKWORTH'S ATTORNEY.
NOW, ON MARCH TWO WHEN THIS EVENT OCCURRED, SHE WAS STILL ON RESTRICTED DUTY AND SHE ARRIVED TO WORK WITHOUT HER DUTY WEAPON.
UH, SHE ADVISED HER SUPERVISORS, SUPERVISORS THAT SHE TURNED IN HER DUTY WEAPON INTO THE RANGE STAFF ON FEBRUARY 23RD.
AND THIS IS JUST FIVE DAYS BEFORE THAT PREVIOUS HEARING WAS SUPPOSED TO TAKE PLACE.
AND SHE TELLS THE ARRANGED STAFF, WELL, I'M GONNA BE FIRED NEXT WEEK ANYWAY, SO SHE TURNS HER WEAPON IN.
FOR THOSE FOUR CASES, SHE HAD SIX CLASS THREE VIOLATIONS AND A MULTITUDE OF CLASS TWO VIOLATIONS PENDING AGAINST HER.
SO SHE SHOWS UP TO WORK AND SHE DOESN'T HAVE HER GUN.
GUN IS A RETIRE A REQUIREMENT TO DO THE JOB OF A POLICE OFFICER.
[00:40:01]
YOU CAN RETURN TO WORK WHEN YOU HAVE YOUR DUTY WEAPON.THE PROBLEM WAS THAT THIS WAS A SATURDAY WHEN SHE SHOWED UP TO WORK WITHOUT HER WEAPON, SHE HAD ALREADY TURNED HER WEAPON IN TO THE RANGE.
STAFF RANGE IS CLOSED ON SATURDAY.
THE RANGE IS CLOSED ON SUNDAY.
SO BECAUSE OF A SITUATION THAT SHE CREATED, SHE WAS UNABLE TO RETRIEVE HER GUN UNTIL MONDAY, MONDAY THE FOURTH.
NOW YOU HEARD TESTIMONY ABOUT THE FOURTH.
WELL, SHE CARRIED ON SICK LEAVE.
YES, SHE WAS CARRIED ON SICK LEAVE THAT ENTIRE TIME.
UM, SHE JUST DIDN'T SHOW UP TO WORK ON THE FOURTH.
SHE COULD HAVE WORKED, SHE COULD HAVE GONE AND GOTTEN HER WEAPON ON THE FOURTH AND SHOWN UP TO WORK.
ATTACHED TO, UH, ONE OF OUR EXHIBITS IS EXHIBIT 10, AND IT'S GOT THE ACTUAL INTERACTION BETWEEN LIEUTENANT ADCOCK.
AND IF YOU ALL WANT TO WATCH THAT, YOU CERTAINLY CAN.
THAT'S THE INTERACTION BETWEEN LIEUTENANT ADCOCK AND MS. DUCKWORTH ON THE DATE THAT SHE WAS, UH, ASKED TO GO HOME UNTIL SHE COULD RETRIEVE HER DUTY WEAPON.
SHE ADVISED LIEUTENANT ADCOCK IN THAT INTERACTION.
MY RESTRICTED DUTY LETTER DIDN'T SAY THAT I HAVE TO HAVE MY WEAPON.
SHE WAS VERY ADAMANT ABOUT IT.
AND THERE WAS QUITE A BIT OF FUSSING ON HER PART TOWARD LIEUTENANT ADCOCK ABOUT THIS.
BUT WHAT'S INTERESTING IS IN THAT FOURTH CASE THAT SHE HAD PENDING, WHICH IS EXHIBIT SEVEN TO OUR BOOK, THAT'S CASE 0 61 DASH 23.
I JUST WANNA READ A FEW SNIPPETS OUT OF THIS.
IS THE PRE-DISCIPLINARY HEARING NOTICE.
NOW WE NEVER HAD THAT HEARING.
BUT I WANNA READ A FEW SNIPPETS ABOUT WHAT OCCURRED, BECAUSE I THINK IT'S IMPORTANT IN THE CONTEXT OF THIS CASE.
UH, JUST READING FROM THE FIRST PAGE, FIRST LARGE PARAGRAPH THERE, LIEUTENANT ADCOCK ADVISED THAT HE RECEIVED A CALL FROM SERGEANT HEATH HOOVER STATING THAT YOU WERE RANTING ABOUT HOW COULD THE DEPARTMENT WANT HER TO DO HER JOB WITHOUT A GUN AS SHE IS ASSIGNED TO THE DESK.
MOVING TO THE SECOND PAGE, MIDDLE OF MIDDLE PARAGRAPH, CAPTAIN REY ADVISED THAT SOME OF THE AUDIO WAS MISSING FROM THE VIDEO, BUT HE HEARD YOU THREATEN TO ARREST AN INDIVIDUAL FOR ATTEMPTING TO MAKE A REPORT.
AT THAT POINT, THE INDIVIDUAL GRABBED HIS PAPERWORK AND FLED THE BUILDING.
SO SHE WAS WORKING THE DESK AT FOURTH DISTRICT.
AN INDIVIDUAL WAS THERE TO MAKE A REPORT.
SHE BELIEVED IT TO BE A FALSE REPORT.
UH, AND SHE WAS MADE A THREAT TO ARREST THE INDIVIDUAL.
HE GRABBED THE STUFF AND TOOK OFF.
WHERE WERE YOU IN THE, UH, EXHIBIT BOOKS EXACTLY? YEAH, THIS IS EXHIBIT SEVEN, AND THAT'S WHAT I'M LOOKING AT.
I'M ON PAGE THREE OF EXHIBIT SEVEN.
WHAT, WHAT WAS THE ONE ON THE FIRST PAGE? YEAH, I I NEVER DID FIND THAT.
IT'S, UH, IN THE SECOND FULL PARAGRAPH, LAST FULL SENTENCE WHERE IT STARTS WITH L LIEUTENANT ADCOCK ADVISED.
OKAY, YOU SEE THAT SENTENCE? YEAH.
DID YOU SEE THE QUOTE IN THE SECOND PAGE? OKAY.
IT WAS THE 1, 2, 3 FOURTH PARAGRAPH, SECOND FULL SENTENCE STARTING WITH CAPTAIN HONORE ADVISED.
OKAY, I'M GONNA FLIP NOW TO PAGE THREE.
FOURTH PARAGRAPH, LAST SENTENCE.
I WISH THEY WOULD JUST PUT ME ON ADMIN LEAVE.
THEY HAVE ALL OF THEM OTHER PROFANITIES COMING OFF ADMIN, AND ONE OF THEM CAN WORK THE PROFANITIES DESK.
DROPPING DOWN TWO PARAGRAPHS TO THE SECOND FULL SENTENCE.
YOU WERE YELLING THAT YOU WERE NOT CHASING ANYONE BECAUSE YOU WERE AN UNARMED OFFICER WHO HAD NO GUN OR HANDCUFFS.
YOU CLOSED THE LOBBY DOOR AND YELLED F THIS PUT ME ON ADMIN LEAVE.
I ALREADY HAVE FIVE CLASS THREES AGAINST ME.
LAST QUOTE, GOING TO PAGE SEVEN.
FOURTH FULL PARAGRAPH STARTS WITH YOU EXPLAINED, YOU EXPLAINED THAT YOU WERE GOING TO THE LOBBY TO DETAIN MR. BRUMFIELD, EVEN THOUGH YOU DID NOT HAVE YOUR HANDCUFFS, GUN, TASER, OR ANY OTHER TOOL TO ASSIST YOU IN THE POSSIBLE DETENTION OF MR. BRUMFIELD.
WHEN QUESTIONED ABOUT NOT HAVING THIS EQUIPMENT, YOU ADVISED THAT YOUR LIEUTENANT INSTRUCTED YOU TO KEEP YOUR GUN IN A BAG BECAUSE YOUR RESTRICTED DUTY LETTER ADVISED YOU TO WEAR PLAIN CLOTHES AND THAT YOU COULD WEAR A CONCEALED WEAPON.
I POINT THAT OUT AND I QUOTE THAT TO NOTE THAT SHE WAS WELL AWARE THAT SHE WAS REQUIRED WHILE ON RESTRICTED DUTY TO HAVE HER DUTY WEAPON WITH HER.
INSTEAD, SHE CHOSE TO TURN IN HER WEAPON AND THAT WAS HER CHOICE.
SHE WAS NOT DIRECTED TO DO THAT.
AND THEN SHE CONTINUED TO APPEAR TO WORK WITHOUT HER DUTY WEAPON.
AND THEN SHE ADVISED, UH, STAFF ON MARCH TWO THAT SHE HAD BEEN COMING TO WORK WITHOUT HER WEAPON.
[00:45:01]
IS DURING THIS TIMEFRAME, BEFORE THIS OCCURRED AND AFTER THIS OCCURRED, WE WERE NEGOTIATING THE SETTLEMENT OF HER CONSENT AGREEMENT.ALRIGHT? THAT CONSENT AGREEMENT WAS ULTIMATELY APPROVED BY THIS BOARD SHORTLY AFTER THIS, AND I'LL GET TO THAT IN JUST A MINUTE.
BUT WE WERE IN THE PROCESS OF NEGOTIATING IT.
SHE HAD BEEN MAKING IT CLEAR, AS YOU SEE FROM THAT LETTER THAT WE JUST READ SINCE DECEMBER, BECAUSE SHE HAD SO MANY CASES PENDING AGAINST HER.
SHE WANTED TO BE PLACED ON PAID ADMIN LEAVE.
SHE DID NOT WANT TO COME TO WORK.
AND ULTIMATELY WHAT SHE DID WAS CREATE A SITUATION WHERE SHE COULD NOT DO HER JOB AND THEY HAD TO SEND HER HOME.
AND IF YOU WATCH THE VIDEO WHEN THEY TELL HER TO GO HOME, SHE LOOKED EXCITED BY, BY THE WAY, MR. RANGE, YOU MENTIONED, UH, WHETHER WE WANT TO SEE THAT VIDEO, WHAT'S THE BOARD'S PLEASURE ABOUT THAT WE GONNA ASK, IS THERE A WAY WE CAN GET SOME PLAY? I WOULD LIKE TO SAY IT.
NOW, MS. DUCKWORTH WAS CARRIED FOR FOUR HOURS OF SICK LEAVE ON THE FOURTH.
SHE WAS CARRIED ON SICK LEAVE ON THE, UH, ON THE SECOND, I'M SORRY, ON THE THIRD.
AND THEN WHEN SHE DID NOT COME TO WORK, SHE WAS CARRIED ON THE FOURTH AS WELL.
NOW, YES, SHE WAS ASKED ABOUT HER LETTER OF RESIGNATION.
WELL, THAT WAS BECAUSE SHE ADVISED HER, HER LIEUTENANT EARLIER BEFORE THIS CONVERSATION ON CAMERA OCCURRED THAT SHE HAD ALREADY TURNED IN HER LETTER OF RESIGNATION AND THEY WERE TRYING TO UNDERSTAND WHY SHE HAD TURNED IN HER LETTER OF RESIGNATION AND WHAT WAS GOING ON.
SHE WAS INITIALLY DIRECTED TO GO MEET WITH, UH, NOW DEPUTY CHIEF CLARA TO GO THROUGH THE LIST OF THINGS SHE NEEDED TO DO TO FINISH HER, HER EMPLOYMENT WITH THE DEPARTMENT.
THAT WAS WHAT THAT CONVERSATION WAS ABOUT.
NOW BECAUSE SHE HAD EXHAUSTED HER SICK LEAVE BEFORE MARCH TWO OF, UH, SHE WAS NOT PAID FOR THE TIME WHERE SHE WOULD DO NOT GO TO WORK ON THE SECOND AND THE THIRD AND THE FOURTH.
UM, INTERESTINGLY, THE NEXT DAY SHE CALLED IN ON THE FIFTH AND ASKED TO BE PLACED ON SICK LEAVE.
SHE WENT AND GOT HER GUN THE MORNING OF THE SIXTH AND SHOWED UP TO WORK.
AND THEN ON THE SEVENTH AND THE EIGHTH, SHE CALLED AND ASKED TO BE PLACED ON SICK LEAVE FOR THOSE DAYS AS WELL.
WE, WE ENTERED INTO THE CONSENT AGREEMENT.
UM, SHE AGREED TO RESIGN, RESIGN FROM THE DEPARTMENT AS PART OF HER CONSENT AGREEMENT.
THAT WAS THE PLAN ALL ALONG, UH, THAT WAS PROVIDED TO US.
HER, UH, THE CONSENT SIGNED CONSENT AGREEMENT WAS PROVIDED TO US ON MARCH 12TH.
SHE ALSO INCLUDED HER LETTER OF RESIGNATION, WHICH SHE HAD SIGNED ON FEBRUARY 28TH.
WE DID NOT GET IT UNTIL MARCH 12TH.
AND SHE WROTE ON THE DOCUMENT THAT SHE WAS, OR TYPED OR HOWEVER SHE DID IT, UH, THAT HER RESIGNATION WOULD BE EFFECTIVE ON MARCH 15TH.
AND THAT WAS HER OWN CHOICE ON HOW SHE WROTE.
UH, SHE WAS TOLD THAT SHE COULD RETURN TO WORK WHEN SHE HAD HER DUTY WEAPON.
IF YOU LOOK AT EXHIBIT NINE, WHICH, UH, MR. IVY PUT ON THE SCREEN EARLIER, UH, EXHIBIT NINE IS THE DOCUMENT.
YOU'LL, YOU'LL, YOU'LL BE ABLE TO READ IT.
IF YOU LOOK AT THE THIRD PARAGRAPH, LAST SENTENCE.
UH, IT SHOULD BE NOTED THAT SHE WAS WEARING A SWEATSHIRT, CAMOUFLAGE PANTS, AND CROP SLIPPERS.
I EXPLAINED TO HER THAT I WAS SENDING HER HOME FOR THE WEEKEND AT THIS TIME DUE TO NOT HAVING HER PROPER REQUIRED EQUIPMENT, HER DUTY WEAPON, AND THAT SHE COULD RETURN TO WORK WHEN SHE HAS HER DUTY WEAPON GENERAL ORDER 1 32.
AND PAGE SEVEN, AND I'LL READ FROM THE TOP OF PAGE SEVEN.
UH, LET LETTER B, UNIFORM AND PLAINCLOTHES EMPLOYEES MUST CARRY ONE OF THE FOLLOWING, ISSUED DEPARTMENTAL WEAPONS.
SO YOU HAVE TO CARRY A DEPARTMENTAL ISSUED WEAPON.
UM, NO OTHER WEAPON OR NOTHING ELSE WOULD, WOULD WORK HERE.
UM, ADVISED OF COURSE, SHE ADVISED SHE DID NOT HAVE A WEAPON.
SHE DID INDICATE THAT, THAT EITHER THAT DAY OR OTHER DAY SHE HAD CARRIED HER OWN PERSONAL WEAPON.
AND SHE WAS ADVISED THAT'S NOT HOW THAT WORKS.
AND IT'S NOT, YOU HAVE TO BE POST QUALIFIED WITH THE WEAPON THAT YOU USE ON THE JOB.
AND, AND THAT WAS, SHE DIDN'T HAVE ANY OTHER WEAPONS FOR WHICH SHE WAS POST QUALIFIED UNDER THE OTHER THAN THIS ONE.
UM, THERE WAS NO INVESTIGATION, NOTHING THAT LED TO DISCIPLINE HERE.
SHE SIMPLY WAS ADVISED YOU CAN RETURN TO WORK WHEN YOU HAVE THE PROPER EQUIPMENT.
THAT WAS ALL THE, ALL THAT OCCURRED THAT DAY.
WHAT THEY'RE ASKING YOU TO DO TODAY IS JUST TO RULE BASED ON THE, THE MOTION TO NOT HEAR ANY TESTIMONY AND JUST RULE IN THE FAVOR OF MS. DUCKWORTH.
AND WHAT WE ARE ASKING YOU TO DO IS TO DENY THAT AND LISTEN TO THE TESTIMONY OF THOSE THAT WERE INVOLVED IN THIS SITUATION.
[00:50:01]
NO REAL LAW ABOUT MOTIONS FOR SUMMARY DISPOSITION IN THE CONTEXT OF ADMINISTRATIVE HEARINGS.THERE IS IN LIKE THE CIVIL SERVICE CONTEXT, UH, THE, IT'S MOST SIMILAR TO WHAT WE CALL A MOTION FOR SUMMARY JUDGMENT IN DISTRICT COURT.
AND, AND THAT'S WHEN THEY, THE OTHER SIDE WOULD ARGUE, JUST BASED ON WHAT WE PROVIDED TO YOU, WE SHOULD WIN.
YOU DON'T EVEN NEED TO HEAR TESTIMONY.
UM, AND, AND WHAT WE'RE ASKING YOU TO DO IS TO HEAR TESTIMONY.
OKAY, WELL, WHY WAS SHE ASKED TO GO HOME? YOU CAN HEAR LIEUTENANT ADCOCK TALK ABOUT THAT.
UM, WAS THIS JUST ANOTHER ATTEMPT BY HER TO BE PLACED ON ADMINISTRATIVE LEAVE? BUT THE OTHER, HER OTHER SUPERVISORS CAN TESTIFY ABOUT THE EXTENSIVE, UH, BEHAVIORAL ISSUES THEY HAD WITH HER AND HER DESIRE TO BE PLACED ON ADMIN LEAVE.
UM, WAS SHE AWARE SHE WAS SUPPOSED TO CARRY HER DUTY WEAPON? WELL, YOU CAN HEAR ABOUT THE, THE PRIOR ISSUES THEY HAD WITH HER AND HER KNOWLEDGE AND THAT, THAT SHE WAS TO CARRY HER WEAPON.
UM, THIS WAS NOT A NORMAL SITUATION WHERE SOMEONE'S RELIEVED OF DUTY.
I MEAN, IF WE WERE LEAVING HER OVER DUTY, TYPICALLY YOU WOULD TAKE THAT EQUIPMENT AWAY FROM HER.
BUT JUST THE OPPOSITE HAPPENED HERE.
SHE WAS JUST ADVISED, AS SOON AS YOU HAVE YOUR WEAPON COME BACK TO WORK, IF IT WASN'T A SATURDAY, AND IF SHE WOULD NOT HAVE TURNED HER WEAPON INTO THE RANGE, IF IT WAS JUST AT HER HOME, SHE COULD HAVE GONE HOME, GRABBED HER GUN AND COME RIGHT BACK TO WORK.
YOU CAN THINK OF OTHER MAYBE MORE SERIOUS ANALOGOUS SITUATIONS.
WELL, IF YOU HAVE A SWAT MEMBER, UH, WHO'S SUPPOSED TO EXECUTE A, UH, A SEARCH WARRANT ON A HOME OF A FELON WHO'S KNOWN TO BE ARMED, AND HE SHOWS UP THERE TO WORK THAT DAY AND ALL HE IS, HE DOESN'T HAVE HIS, HIS AR 15.
OKAY? BUT THAT'S WHAT HE NEEDS TO DO HIS JOB.
AND HE SAYS, WELL, I DON'T HAVE THAT, BUT I'VE GOT A BB GUN IN MY, IN IN MY TRUNK.
NO, HE'S GONNA BE TOLD YOU NEED TO GO GET YOUR GUN AND THEN COME BACK TO WORK AND THEN YOU CAN DO YOUR JOB.
AND THAT'S WHAT HAPPENED HERE.
YOU HAVE TO HAVE THE PROPER EQUIPMENT TO DO THE JOB.
AND WHILE THIS IS, UH, YOU MAY BE THINKING, OKAY, THERE'S TWO AND A HALF DAYS.
THE CHIEF THINKS IT'S VERY IMPORTANT FROM A PRECEDENT STANDPOINT.
OFFICERS CAN'T JUST NOT COME TO WORK WITH THE EQUIPMENT THAT THEY HA UH, THAT THEY'RE SUPPOSED TO USE AND THEN EXPECT TO BE PAID FOR IT WHEN THEY'RE TOLD YOU GOTTA GO HOME AND GET YOUR, YOUR EQUIPMENT.
UM, IF YOU WANT TO HEAR, IF YOU WANT TO GET TO THE ROOT OF IT, WE'RE ASKING YOU TO HEAR THE TESTIMONY ON IT, UH, WE'LL BE HAPPY TO PRESENT THAT TO YOU AT A HEARING.
AND, UM, AND I THINK THAT YOU WILL AGREE WITH US THAT THIS WAS NOT INTENDED TO BE DISCIPLINE.
WE ASK THAT YOU DENY THE MOTION FOR SUMMARY DISPOSITION.
I DO THE BOARD WANT TO SEE THE VIDEO BEFORE MR. IVY, WHO'S BACK? I DON'T KNOW IF WE'RE TALKING TO SOMEBODY IN THE OH, RIGHT HERE.
YEAH, LET, LET'S, LET'S HAVE THE VIDEO AND THEN WE'LL COME BACK TO YOU.
I GAVE HIM, UH, I GAVE HIM MINE.
WHO ARE WE LOOKING AT? SERGEANT.
I AND THIS IS BODY CAM FROM SOMEBODY.
I WANT AUDIO AS HERE FOR A SECOND.
I TO TALK TO, TO CAPTAIN RE AND FIRST, FIRST, YES.
I WANT YOU TO KNOW THAT WE HAVE OUR BODY CAMERAS ON SO THAT EVERYBODY IS AWARE THAT IT IS BEING RECORDED.
IF YOU'D LIKE TO TURN YOURS ON.
[00:55:14]
I WILL WAIT UNTIL IT ALL RIGHT.SPOKE TO CAPTAIN HONOR WHO SPOKE TO CAPTAIN CLARA, WHO SPOKE TO THE, UH, DEPUTY CHIEF MYRON DANIELS.
AND NONE OF THEM ARE AWARE OF A LETTER OF RESIGNATION.
YOU SAID THAT YOUR LAWYER TURNED IT IN.
AND I HAVE, UM, I MEAN, FIRST OFF, IF YOU DON'T KNOW ABOUT IT, THEN I GUESS IT'S NOT WHAT YOU SAID YOU TALKED TO THEM AND THEY SAID THEY DIDN'T KNOW ANYTHING ABOUT IT.
RIGHT? THEY SAID THAT THEY, THAT NOBODY IS GIVING THEM A LETTER OF RESIGNATION.
THEY SAID THAT INSTEAD OF THAT, INSTEAD OF YOUR LAWYER WAS SUPPOSED TO HAVE GIVEN IT TO YOU, IF YOU'D LIKE TO WRITE A HAND, HAND WRITE A LETTER OF RESIGNATION WITH TODAY'S DATE AND TIME SAYING THAT YOU CRYSTAL DUCKWORTH WISH TO RESIGN FROM BRPD, NO LONGER BE EMPLOYED WITH YOUR LAST DAY BEING.
WELL, I'LL TALK TO MY ATTORNEY.
THEY DON'T HAVE TO HAVE IT TODAY.
AND YOU SAID THAT YOU'VE TURNED IN YOUR GUN AND YOUR BADGE AND YOUR UNIFORMS. I MY WEAPON IS DOWN AT THE RANGE.
UHHUH
YOU DON'T HAVE TO TURN THAT IN AND STILL YOU RESIGN.
THAT, THAT'S WHAT YOU TOLD ME EARLIER.
NO, I HAVE SOME UNIFORMS TURNED IN.
I NEVER SAID ANYTHING ABOUT MY BADGE.
MY WEAPON IS IN, UM, THE LOCK BOX AT THE RANGE.
YOU GAVE THEM THAT ON THE 23RD WHEN I WENT DOWN THERE TO SHEET.
SO YOU'VE BEEN COMING TO WORK WITH NO GUN? I DON'T HAVE MY PERSONAL WEAPON.
YOU, SO YOU DON'T HAVE A, YOU DON'T HAVE YOUR, YOUR DUTY ISSUED WEAPON? NO, I LEFT IT AT THE RANGE.
BUT YOU'VE BEEN COMING TO WORK TODAY WITH TODAY BE MY FIRST DAY BACK, PROBABLY, YES.
UH, YOU SAID YOU DON'T WANNA WRITE A LETTER OR LETTER OF RESIGNATION? I ALREADY HAVE.
UH, MONDAY I WOULD WRITE ANOTHER ONE IF I ALREADY WROTE MINE.
MONDAY AT ONE O'CLOCK, CAPTAIN CLEAR HAS SAID, COME SEE HIM AT THAT TIME ON MONDAY AT ONE O'CLOCK AND HE'LL HELP YOU WITH THE CHECKLIST.
I'M, I'M JUST LETTING YOU KNOW THAT CAPTAIN TOYOTA SAID THAT HE'LL BE AVAILABLE AT ONE O'CLOCK ON MONDAY.
FOR YOU TO COME TO HIS OFFICE.
HE'LL GIVE YOU THE CHECKLIST AND HELP YOU WITH EVERYTHING ELSE YOU NEED TO DO.
BUT AS OF RIGHT NOW, YOU GOTTA GO HOME.
'CAUSE YOU DON'T HAVE YOUR EQUIPMENT.
HE HE VERIFIED THAT, THAT YOU TURNED YOUR GUN IN.
THAT'S WHY I I DON'T HAVE TO LIE ABOUT MY WELL, NO, I'M NOT SAYING THAT YOU'RE LYING.
THE POINT IS, YOU'RE COMING TO WORK WITHOUT PROPER EQUIPMENT.
I'VE BEEN COMING TO WORK WITHOUT MY WEAPON AND NOBODY HAS SAID ANYTHING AT ALL.
BECAUSE YOU HAVE NOT TOLD US THAT YOU DIDN'T HAVE A GUN.
YOU CAN'T COME TO WORK AS A POLICE OFFICER AND NOT HAVE A GUN.
THAT WAS THE WHOLE THING AT THE, AT THE WINDOW THAT DAY, WHENEVER GUY CAME IN DECEMBER 8TH.
SO YOU HAVEN'T HAD A GUN SINCE THEN? I HAD A WEAPON, BUT I WASN'T CARRYING IT BECAUSE THEY, THE RESTRICTED DUTY PAPERWORK SAYS THAT YOU WERE TO WEAR YOUR GUN AND BADGE IN A CONCEALED MANNER.
IT, MY LETTER DID NOT SAY THAT.
THAT THAT'S WHAT THEY TELL YOU WHENEVER YOU GET PUT ON RESTRICTED DUTY.
THAT'S NOT, THEY DIDN'T SAY ANY OF THAT THOUGH.
THEY SAID YOU'RE SUPPOSED TO WEAR NORMAL CLOTHES.
IT, IT IS GOTTA BE ON THEIR BODY CAMERA.
I'M NOT GONNA ARGUE WITH YOU, BUT THAT'S NOT WHAT THEY TOLD ME.
AND THEY PUT ME OUTTA MY, YOU KNOW WHAT? NO MATTER WHAT I SAY, IT DOESN'T MATTER.
BUT I'M TELLING YOU WHAT MY LETTER SAYS AND I HAVE A COPY OF MY LETTER.
[01:00:01]
CALL CLARA FOR WHAT PURPOSE? BECAUSE I COULD TALK TO HIM.Y'ALL SENDING ME HOME ALL WEEKEND? YES.
AND UNTIL YOU HAVE YOUR EQUIPMENT AND YOU'RE DRESSED APPROPRIATELY, HOW AM I NOT DRESSED APPROPRIATELY? I'VE BEEN DRESSED BUSINESS CASUAL IS NOT CROCS AND I YES, I HAVE CROCS ON.
IT'S LIKE PEOPLE WEAR BRAIDS ON THE WAY DOWN TO THEIR BUTTS.
YOU'RE NOT SUPPOSED TO, BUT, BUT IT HAPPENS.
WE DON'T HAVE BRAIDS FOR THE, I'M NOT A PROPERLY DRESSED, BUT I DON'T HAVE MY WEAPON NOW.
YOU KNOW, I HAVEN'T HAD MY WEAPON IN FIVE MONTHS.
RIGHT? I HAVEN'T HAD A WEAPON IN FIVE MONTHS.
OH YEAH, THEY, WHAT THEY DO, WHAT THEY DO FUNNY HOW THEY, YOU, THEY, I HAD A RESIGNATION THERE, THAT DESK.
BUT THEY'RE SAYING THAT, THAT THERE IS NO, I FIND A CONSENTED, BUT THEY'RE SAYING THAT THERE IS NO, THERE'S NO PROOF THAT I PUT MY LETTER RESIGNATION.
FOR PURPOSES OF THE RECORD, I'D OFFER ALL OF OUR, OKAY.
AND THOUGH THEY'RE ATTACHED TO, UH, OUR MEMO AT OFFER INTRODUCE, UH, ALL OF THE EXHIBITS THAT WE PRE-FILED INTO THE RECORD AS WELL, MR. CHAIRMAN, WHAT I WOULD DO IS I WOULD GO AHEAD AND ON THE RECORD, SAY YOU'RE ACCEPTING ALL OF THEIR EXHIBITS SINCE THE RECORD.
WE ARE ACCEPTING ALL OF THE EXHIBITS FROM MR. RANGE AND FOR MR. DAVID.
THANK YOU FOR THE CHANCE FOR REBUTTAL.
UM, SO WE HAVE TO WATCH THE VIDEO.
IT WAS ABOUT SEVEN, EIGHT MINUTES LONG.
VENTILATION SYSTEM CLEARED A LOT OF THE SMOKE OUT OF THIS ROOM THAT, UH, WAS PRETTY MUCH CONSIST OF THE ENTIRETY OF THE APPOINTING AUTHORITIES ARGUMENT.
'CAUSE YOU HEARD A LOT ABOUT WHAT HAPPENED OUTSIDE OF MARCH TWO, OF MARCH FOUR, WHICH IS WHAT WE'RE HERE FOR.
THEY TOOK 26 HOURS OF HER PAY BETWEEN MARCH TWO AND MARCH FOUR.
THIS ISN'T ABOUT, THIS ISN'T CHARACTER EVIDENCE.
AND WE'RE TALKING ABOUT OTHER CASES THAT WERE SETTLED, NEVER BOUGHT BEFORE THE BOARD.
IN EFFECT, BY SHOWING YOU THAT VIDEO, WHAT THEY'RE TRYING TO DO IS TO TURN THIS INTO THE PREDIS.
THEY NEVER HAD THAT THEY WERE REQUIRED TO BEFORE THEY TOOK HER MONEY.
THIS, MY ARGUMENT IS NOT ABOUT THE BATON ROUGE POLICE DEPARTMENT COULD NOT TAKE 26 HOURS OF HER PAY.
THEY JUST COULDN'T TAKE 26 HOURS OF HER PAY WITHOUT GIVING HER NOTICE IN A PREDIS, WHICH THEY'RE REQUIRED TO DO.
NOT ONLY BY CASE LAW, NOT ONLY BY STATE STATUTE, BUT ALSO BY THEIR OWN POLICY.
THE ABSENCE OCCASIONED BY BEING RELIEVED.
SHE WAS RELIEVED BECAUSE THAT LIEUTENANT THOUGHT SHE WAS IN VIOLATION OF THE FIREARMS POLICY WILL BE DETERMINED TO BE WITH OR WITHOUT PAY PENDING THIS REPORT AND PRE-DISCIPLINARY PROCEDURES HAVE BEEN COMPLETED.
THAT'S WHERE THIS COMES OFF, OFF THE RAILS.
NOT SAYING THEY COULDN'T DO WHAT THEY DID AND TAKE 26 HOURS OF PAY, IT'S JUST THEY DIDN'T DO WHAT THEY REQUIRED TO DO IN ORDER TO DO IT.
THAT'S WHAT SEPARATES EMPLOYMENT AT WILL FROM CIVIL SERVICE EMPLOYMENT.
THIS, THE USE A BASEBALL ANALOGY IS THAT Y'ALL ARE THE CENTER FIELDERS.
THIS IS A POP FLY TO CENTER FIELD WITH NO SUN IN YOUR EYES.
[01:05:03]
AND DOES THE BOARD HAVE ANY QUESTIONS FOR EITHER MR. RAINS OR MR. IVY? I GUESS THE ONE QUESTION THAT I WOULD RAISE IS WHY MS. DUCKWORTH DID NOT RE RETRIEVE HER SERVICE WEAPON UNTIL I BELIEVE THE SIXTH, MR. CHAIRMAN, WITHOUT TAKING TESTIMONY, I, I DON'T, I I I CAN'T PROVIDE THE ANSWER.WE'RE NOT, I WOULD HAVE TO CALL HER, WHICH WE'RE NOT ALLOWED TO DO IN THE T THIS MOTION, BUT RESPECTFULLY.
SO I WOULD SAY THAT'S IRRELEVANT.
SHE IS, I MEAN, MARCH 2ND, MARCH 3RD, THAT'S A WEEKEND.
UH, MARCH 4TH, I MEAN, THE EXHIBIT THAT WAS INTRODUCED ON THE VIDEO, SHE WAS TOLD WHERE TO GO, GO TO BILL CLAIRE'S OFFICE.
SO YOU'RE SENDING ME HOME FOR THE WEEKEND? YES.
UH, AND, AND, AND AGAIN, YOU KNOW, WE'RE SITTING HERE, WE'RE TALKING ABOUT OFFERING TESTIMONY.
I DON'T KNOW HOW THEY GET A WITNESS IN HERE BECAUSE THIS BOARD'S RULES SAYS ONLY WITNESS, THE WITNESSES ONLY TEST ABOUT, ABOUT CALLS.
PRESUMABLY THAT CALLS THAT THE BOARD RULES REFER TO TO IS THE SAME CAUSE REFERRED TO IN THE STATE CONSTITUTION AND STATE LAW, WHICH SAYS THAT CAUSE HAS TO BE IN WRITING THE NOTICE, THE CONSTITUTIONAL PRE DEPRIVATION NOTICE, WHICH WAS NEVER GIVEN AND NEVER DONE.
I I I DON'T SEE HOW YOU HAVE ANYBODY TESTIFY.
AND, UH, OUR EXHIBIT 13, MR. IVY PROVIDED A LETTER OR AN EMAIL TO ME ON MARCH FOUR, AND IT JUST SAYS IN THE SECOND PARAGRAPH, SHE ADVISED ME SHE COULD NOT PICK UP HER WEAPON FROM THE RANGE UNTIL WEDNESDAY MORNING.
NO REASON WAS GIVEN AS TO WHY SHE COULDN'T, BECAUSE PRESUMPTIVELY OUR JOB WAS THE ONLY JOB SHE HAD ON MARCH 4TH.
NOW SHE WAS ASKED TO GO SEE DEPUTY CHIEF CLA, BUT THAT WAS NOT UNTIL THE AFTERNOON.
SO THERE WAS NO REASON FROM OUR PERSPECTIVE THAT SHE COULD NOT HAVE GONE TO WORK ON MARCH 4TH.
MR. REYES, I I HAVE A QUESTION.
SO ARE YOU SAYING THAT WHEN MS. DUCKWORTH DID NOT RECEIVE PAY, BECAUSE I'M ASSUMING SHE DIDN'T GET PAID RIGHT, IF SHE'S OUTTA SICK LEAVE, SHE DIDN'T GET PAID.
SHE HAD EXHAUSTED HER SICK LEAVE.
SO IF SHE DIDN'T RECEIVE PAY, HOW IS THAT NOT DISCIPLINED TO HER? SHE COULD HAVE, SHE COULD HAVE RECEIVED PAY HAD SHE RETRIEVED HER WEAPON AND COME BACK TO WORK.
THIS WAS A SITUATION COMPLETELY CREATED OF HER OWN DOING OKAY.
THIS WAS NOT US TAKING HER OFF OF WORK.
THIS IS HER CHOOSING NOT TO APPEAR TO WORK, UH, WITH THE PROPER EQUIPMENT AND IS THE CHIEF'S POSITION THAT EMPLOYEES CANNOT SHOW UP TO WORK WITHOUT THE PROPER EQUIPMENT AND EXPECT TO BE PAID FOR THAT.
SO I GUESS YOUR, YOUR POSITION IS ESSENTIALLY HER SHOWING UP WITHOUT HER DUTY WEAPON IS TANTAMOUNT TO NOT SHOWING UP TO WORK.
DOES ANYBODY ELSE HAVE ANY QUESTIONS? ANY FURTHER QUESTIONS ON BOARD? NO COMMENT.
THANK YOU WES, THE BOY'S PLEASURE.
UH, MR. RAINS, WHY NOT? SO SHE SHOWS UP TO WORK.
I UNDERSTAND THAT SHE'S NOT WEARING HER, HER, UH, UNIFORM DOESN'T HAVE HER GUN.
WHY NOT PUT HER THROUGH THE PROCESS AND THEN GO BACK AND TAKE THE MONEY OR SOMETHING TO THAT EFFECT? WHY, I GUESS DO THE, WHY SEND HER HOME FIRST WITHOUT THE PROCESS? OR IS IT JUST, IS THERE ANY POLICY THAT SAYS THAT IF THEY DON'T COME TO WORK IN THEIR UNIFORM, THEY GET SENT HOME OR SOMETHING LIKE THAT? THERE'S NONE PERSPECTIVE TO THE DUTY WEAPON, WHICH IS THE IMPORTANT PIECE HERE.
WHAT ABOUT OTHER UNIFORM, UH, PIECES? LIKE, SO FOR EXAMPLE, I'M ASSUMING THAT THE DUTY GUN IS ESSENTIALLY A PART OF YOUR UNIFORM.
UH, OR THEY'RE SEPARATE POLICIES.
THERE'S, THERE'S, THERE IS A POLICY DEALING WITH JUST UNIFORM, BUT IT'S REALLY CONTEMPLATING MORE LIKE IF YOU, IF IF YOU SHOW UP TO WORK AND YOU DON'T HAVE YOUR UNIFORM PRESSED OR YOU DON'T HAVE THE INSIGNIA CORRECTED, YOU KNOW, LIKE THERE'S DIFFERENT THINGS THAT YOU CAN DO WITH YOUR UNIFORM THAT AREN'T CORRECT.
AND THERE'S A PROCESS BY WHICH, UM, THAT'S DEALT WITH.
AND THAT'S SPECIFIC, THERE'S A SPECIFIC POLICY ON UNIFORM.
[01:10:01]
FIREARMS IS YOU GOTTA CARRY YOUR FIREARM.AND THEN SHE HAD A DIRECT ORDER IN HER, OF COURSE, IN, IN HER RESTRICTED DUTY LETTER TO CARRY HER FIREARM IN A CONCEALED MANNER.
WELL, I GUESS PUTTING THE DIRECT DUTY PART, I MEAN DIRECT ORDER PART OF IT ASIDE, THAT WOULD BE AN INSUBORDINATION ISSUE.
SO THAT'S A, THAT WOULD GET YOU TO A PREDIS AT SOME POINT.
WELL, AND I'M SAYING ULTIMATELY, COULD THIS HAVE BEEN DISCIPLINARY? YES.
I MEAN THAT'S WHY ADCOCK EVENTUALLY, YOU KNOW, SENT THE LETTER TO THE CHIEF ADVISING BECAUSE SHE HAD BEEN, SHE HAD NOT RESIGNED AT THAT POINT.
SO ULTIMATELY, WOULD THIS HAVE INVO RESULTED IN AN INVESTIGATION AND POTENTIAL DISCIPLINE? SURE, BUT AT THIS POINT, JUST THE SHOWING UP TO WORK WITHOUT WHAT YOU NEED TO DO YOUR JOB PIECE'S, THAT'S WHERE WE TAKE THE POSITION THAT'S NOT SHOWING UP TO WORK.
FAIRNESS IVY, I ASKED HIM THE QUESTION.
UM, HE'S SAYING THAT SHOWING UP WITHOUT YOUR DUTY GUN IS TANTAMOUNT TO NOT SHOWING UP TO WORK YOUR RESPONSE? I I, AGAIN, IT GOES BACK TO THE PLAIN MEANING OF THEIR OWN POLICY, WHICH NO ONE NAMED CLIFF IVY OR CRYSTAL DUCKWORTH WROTE THAT SAYS WHEN YOU SEND HER HOME, THAT'S DISCIPLINE BECAUSE IT TALKS ABOUT THAT SUPERVISOR REPORT BEING THERE SHOULD BE A RECOMMENDATION BY THE SUPERVISOR FOR FURTHER DISCIPLINE.
YOU DIDN'T SEE IT ON ADCOCK'S LETTER THAT HER ABSENCE IS TO BE DETERMINED TO BE WITH OR WITHOUT PAY ONLY AFTER, BECAUSE THEY RECOGNIZE WE HAVE A CONSTITUTION.
WE HAVE, THEY RECOGNIZE THE CONCEPT OF DUE PROCESS, WHOEVER IT WAS THAT WROTE THAT POLICY.
AND AGAIN, I'M NOT SAYING THEY COULD NOT LAWFULLY TAKE 26 HOURS OVER PAY.
THEY JUST DIDN'T DO WHAT THEY WERE REQUIRED TO DO IN ORDER TO DO IT.
BUT DO YOU AGREE THAT SHOWING UP WITHOUT A SERVICE WEAPON IS TANDEM ON TO NOT COMING TO WORK? NO, SIR.
UM, AND AGAIN, I THINK, AND, AND THIS IS MY REASON WHY SHE DOESN'T SAY SHE IS WEAPON LESS.
SHE HAS HER PERSONAL WEAPON AND I WASN'T PREPARED TO GET INTO IT TODAY OR PREPARED TO, TO PRESENT THIS TO YOU.
AND THIS IS PROBABLY SOMETHING THAT COULD HAVE GOTTEN CLEARED UP WITH A PREDIS, BUT POSSIBLY SERGEANT THOMAS, IF Y'ALL GO INTO EXECUTIVE SESSION OR IF HE MAKES A REMARK OUT HERE, THE DEPARTMENT PERMITS OFFICERS TO CARRY PERSONALLY OWNED FIREARMS IF THEY MEET CERTAIN QUALIFICATIONS.
THAT'S HOW YOU SEE SOME OF THOSE GUYS WITH THOSE RED DOT SITES ON THERE.
THE DEPARTMENT'S NOT ISSUING THOSE TO PEOPLE IN UNIFORM PATROL.
BUT AGAIN, I THINK THAT'S BEYOND THE SCOPE OF, OF TODAY.
THIS IS STRICTLY A CONSTITUTIONAL ISSUE.
AND, AND, AND AGAIN, I'M, IT WOULD BE LUDICROUS FOR ME TO COME UP HERE AND Y'ALL SHOULD LAUGH ME OUT OF THIS ROOM AND SAY THEY COULD NEVER TAKE HER MONEY FOR THIS IF PROVEN.
YOU JUST DIDN'T DO WHAT YOU NEEDED TO DO TO TAKE IT.
HER, HER PERSONAL WEAPON WAS NOT PROVE SHE DID NOT DO WHAT SHE NEEDED TO DO.
I SAID IT EARLIER, BUT SHE WASN'T QUALIFIED TO CARE.
THAT WAS IT A, A, A GLOCK THAT SHE CARRIED OFF DUTY.
SO HAD HER PERSONAL WEAPON BEEN APPROVED, WOULD THIS BE A NON-ISSUE THAT WE'RE TALKING ABOUT TODAY? YOU SPEAK TO THE MIKE PITZER? YEAH.
LIKE IF SHE HAD AN APPROVED WEAPON AND SHE HAD IT THERE, THAT WOULD'VE BEEN FINE.
UM, OTHERWISE SHE WOULDN'T HAVE BEEN TOLD GO GET THE WEAPON WITH WHICH YOU WERE POST CERTIFIED.
I MEAN, SHE SAID ON THE, UM, THE VIDEO THAT WE JUST WATCHED, I'VE HAD MY PERSONAL WEAPON AND YOU HEARD LIEUTENANT ATCOCK SAY THAT'S NOT HOW THAT WORKS IS BECAUSE GENERAL ORDER 1 32, SUBPARAGRAPH B SPECIFICALLY SAYS THAT YOU HAVE TO CARRY YOUR DEPARTMENTAL ISSUED WEAPON.
OKAY? THERE ARE CERTAIN CIRCUMSTANCES, UM, AS YOU KNOW, THAT, UM, YOU CAN CARRY PERSONAL WEAPONS.
BUT THIS WAS NOT A SITUATION WHERE SHE HAD ONE APPROVED.
DO YOU HAVE SOMETHING BRIEFLY OR YOU WANT TO LEAVE IT ALONE?
WHAT'S THE PLEASURE OF THE BOY? UM, IT JUST APPEARS TO ME THAT WE NEED TO HEAR THE APPEAL.
WHAT'S, WHAT'S THE PLEASURE PLEASURES BOARD?
[01:15:06]
I MAKE A MOTION.I MAKE A MOTION THAT WE DENY THE SUMMARY DISPOSITION AND MOVE THE APPEAL FORWARD.
WE HAVE A MOTION BY MR. JO HENDERSON.
DO I HAVE A SECOND THAT WE DENY THE SUMMARY DISPOSITION AND MOVE TO THE APPEAL? YOU'D HAVE TO ASK FOR ANY DISCUSSION AND THEN PROBABLY, UH, WELL, I'M GET A SECOND FIRST.
THE MOTION DIES FOR LACK OF SECOND.
DO Y'ALL NEED EXECUTIVE SESSIONS? DO WE, DO WE NEED TO GO TO THE EXECUTIVE SESSION TO TALK ABOUT THIS? I MOVE THAT WE GO TO THE EXECUTIVE SESSION.
I SECOND THAT WE HAVE A MOTION TO GO TO THE EXECUTIVE SECOND ROLL CALL BY MR. THOMAS AND BY MR. LEMON.
BUT WE, WE EITHER ROLL CALL THOUGH.
WE WILL MOVE INTO EXECUTIVE SESSION AND WE'LL BE BACK AFTERWARDS.
A MOTION TO RETURN, UH, FROM EXECUTIVE SESSION IS IN ORDER.
I MAKE A MOTION THAT WE RETURN FROM EXECUTIVE ACCESSION MOVE BY MR. JOHANSON.
IS THAT A ROLL CALL OR, WELL, I DON'T THINK WE YOU NEED A ROLL CALL? YOU NEED A ROLL CALL? COME BACK.
WE ARE BACK IN REGULAR SESSION WHILE WE WERE IN THE EXECUTIVE SESSION.
WHAT'S THE BOARD'S PLEASURE? UH, MR. CHAIRMAN, I WOULD LIKE TO RENEW MY MOTION TO DENY THE SUMMARY.
WELL MOTION BY MR. JO HENDERSON TO DENY.
MR. CHAIRMAN, I WOULD ADVISE TO THE EXTENT THE BOARD HAS ANY RATIONALE FOR, TO THE EXTENT THE BOARD HAS ANY RATIONALE FOR WHY THEY'RE DENYING IT.
I I WOULD PUT SOME OF THAT ON THE RECORD THERE.
MR. UH, JOHANSON, YOU WANT TO INDICATE WHY THE MOTION WAS MADE? UM, MY REASONING MAY BE DIFFERENT THAN OTHERS.
UM, I WOULD LIKE TO HEAR THE APPEAL IN THAT.
I THINK THAT MY FEELING IS THAT THE ARGUMENT THAT MS. DUCKWORTH WASN'T AT WORK, DIDN'T SHOW UP FOR WORK WHEN SHE DOESN'T, DIDN'T COME PREPARED, SHE DIDN'T HAVE HER SERVICE WEAPON AND COMING TO WORK, YOU'RE REALLY NOT AT WORK.
UH, SO IN THAT CASE, I, I WOULD, THAT'S WHY I WOULD LIKE TO DENY THE MOTION AND THEN MOVE IT TO APPEAL.
AND MR. LEMON, IS THAT SUFFICIENT REASON FOR YOUR SECOND? YES.
AND I TOO AGREE THAT I LIKE TO HEAR THE APPEAL AND SO THAT'S WHY THE MOTION WAS MADE AND PASSED.
WELL, I DON'T THINK Y'ALL, I DIDN'T CARRY A MOTION.
ALL THOSE IN FAVOR OF THE MOTION SAY AYE.
THE MOTION FOR SUMMARY OF DISPOSITION IS DENIED.
AND WE WILL NOW MOVE TO ITEM 13 A, WHICH IS TO CONSIDER, UH, THE APPEAL ITSELF.
THERE IS THE, UH, THE UNOPPOSED MOTION.
I WOULD RECOMMEND, EXCUSE ME, THAT THE BOARD, UH, GRANT THAT MOTION, UM, BECAUSE EVERYBODY'S IN AGREEMENT AND THERE'S OBVIOUSLY NO WITNESSES HERE,
OTHER THAN MS. DUCKWORTH, OF COURSE, I WOULD PROBABLY TRANSITION TO MR. IVY'S, UH, MOTION TO EXCLUDE WITNESSES.
IS THAT WHAT YOU WANTED TO DO? UH, GO AHEAD AND KNOCK THAT OUT.
AND I KNOW MR. RAINS IS GONNA SAY HE DIDN'T HAVE AN OPPORTUNITY TO, TO BRIEF IT
[01:20:01]
KIND OF BOARD.WHAT DO Y'ALL WANNA DO? I MEAN, I THINK IT'S A STRAIGHTFORWARD SHOT HERE.
IS YOUR MIC ON, SIR? NO, PROBABLY NOT.
UH, IF, IF THE BOARD WOULD PLEASURES TO TAKE THAT UP MM-HMM.
UH, THE ACTUAL FACT FINDING HEARING, UH, THAT MAKES SENSE TO ME.
SO THE RECOMMENDATION IS THAT WE DO WHAT, UH, APPROVE OR GRANT THE MOTION TO CONTINUE.
THE UNPOSED MOTION TO CONTINUE FILED BY THE, UH, POLICE DEPARTMENT.
AND THEN THAT, THAT'S REALLY ALL YOU GOTTA DO TODAY.
I WOULD MAKE A MOTION THAT, I'M SORRY, SOMEBODY I WOULD MAKE A MOTION THAT WE APPROVE THE MOTION FOR CONTINUANCE.
WE DON'T NEED A ROLL CALL FOR THIS.
AND THE MOTION FOR CONTINUANCE HAS BEEN APPROVED.
UM, MR. RAINS, WHEN, HOW LONG DO YOU NEED TO OPPOSE, UH, THAT MOTION? 10 DAYS.
SOUND OKAY WITH YOU? YES, SIR.
UH, AND THEN POSSIBLE BE QUIET.
SEVEN DAYS AFTER THE, UH, OKAY.
SO 10 DAYS FROM, FROM TODAY, WE WILL HAVE OPPOSITION FROM BRPD TO MOTION EXCLUDE SEVEN DAYS AFTER THE FILING, THEN WE WILL RECEIVE THE REPLY.
I THINK THAT'S IT ON THAT ONE.
OH, UH, EXHIBIT BOOKS AND ALL THAT STUFF.
WE DON'T NEED TO MAKE A MOTION.
UH, WE'RE JUST SCHEDULING EXHIBIT BOOKS 15 DAYS OUT, ALL THAT STUFF.
OR HAVE WE ALREADY TURNED THAT STUFF IN THE EXHIBITS FOR THE APPEAL.
UM, I FILED SOMETHING, BUT I MEAN, I CAN MAKE IT OKAY.
IF YOU ALREADY SENT 'EM TO US, WE'LL MAKE THE COPIES.
I JUST DIDN'T, I DIDN'T REMEMBER IF YOU DID OR NOT.
WELL, IF WE'RE GONNA GO TO A FULL HEARING, UH, POSSIBLE.
AND WHEN IS THE HEARING GOING BE? IT'S GOING TO BE, I THINK WE WERE TALKING ABOUT THE AUGUST MEETING MEETING AUGUST 26TH.
IS THAT GOOD FOR YOU GENTLEMEN? YEAH.
UH, THE NEXT DATE WOULD WOULD BE SEPTEMBER, YOU SAID THE SCHEDULE? YEAH.
HE DOES HAVE
YEAH, THAT'S WHAT I WAS ABOUT TO SAY.
UM, NOW SINCE WE HAVE BOTH OF YOU GUYS HERE, THE APPEAL WE WERE TALKING ABOUT EARLIER.
Y'ALL WANT TO GO AHEAD AND JONES, Y'ALL WANT TO GO AHEAD AND SET THAT FOR A MOTION DATE ON AUGUST 26TH THEN? SURE.
YOU DIDN'T, YOU DON'T HAVE ANYTHING.
Y'ALL ARE GONNA NEED A MOTION DATE
UM, I THINK WE'LL TENTATIVELY DO A AUGUST 26TH MOTION DATE.
IF SOMETHING SHOULD CHANGE, JUST, JUST EMAIL US.
YOU'RE GONNA WANT TO NOTHING
ALRIGHT, SO WE'VE TAKEN CARE OF AGENDA ITEM 12, WHICH IS THE SCHEDULING OF THE ERNEST JONES APPEAL.
[01:25:02]
OKAY.DO Y'ALL NEED ANYTHING ELSE FROM US? I DON'T THINK SO.
I ACTUALLY ASKED MR. CHAIR IF WE COULD PUT AI ON THE AGENDA.
AND THIS IS JUST AN ADMINISTRATIVE FUNCTION THAT I WAS HOPING YOU GUYS WOULD DELEGATE TO, UH, MR. PRESS ROBINSON.
UM, WHAT HAPPENS OFTEN TIME IS THAT WE'LL SET A DATE, THE PARTIES WILL AGREE TO A CONTINUANCE AND I CAN'T GUARANTEE THAT THERE'S GONNA BE A CONTINUANCE UNTIL THERE'S A DECISION FROM THE BOARD.
AND WHAT THAT KIND OF CREATES FOR THEM IS A SITUATION WHERE THEY'RE TRYING TO FIGURE OUT SHOULD SUBPOENAS GO OUT, DID WITNESSES COME? BUT WHAT I'M HOPING FOR IS THAT YOU GUYS WILL DELEGATE AT LEAST THE FIRST CONTINUANCE TO THE CHAIR.
UH, AND HE CAN WORK WITH ME ON THAT AS WELL.
AND THEN OF COURSE, IF THERE'S A SECOND OR THIRD OR WHATEVER THAT HAS TO COME BEFORE THE BOARD.
SO THAT, THAT'S THE PURPOSE OF I GUESS 13 I AI.
SO WE WOULD, YOU KNOW, SOMEONE WOULD HAVE TO MAKE A MOTION 'CAUSE I CAN'T.
SO WHAT'S YOUR THOUGHTS ABOUT THAT? I MEAN, I MOVE TO, UH, DELEGATE THE FIRST, UH, CONTINUANCE TO THE, THE BOARD CHAIRMAN.
I HAVE A MOTION BY MR. THOMAS.
SO THE, UH, NEXT ITEM IS THE BATON ROUGE POLICE DEPARTMENT, UH, PROMOTION TEST FOR SERGEANT, LIEUTENANT AND ALSO A COMPETITIVE EXAMINATION FOR CRIMINAL INTELLIGENCE.
I MOVED, UH, UH, THAT, UH, THE BOARD AUTHORIZED, UH, THE COMPETITIVE, UH, EXAMINATION FROM CRIMINAL INTELLIGENCE ANALYSTS AND ALSO THE PROMOTION, UH, TEST FOR SERGEANT AND LIEUTENANT.
I HAVE A MOTION BY MR. THOMAS.
AND WITH THAT, A MOTION TO ADJOURN IS AN ORDER.
I MAKE A MOTION THAT WE ADJOURN BE SO ORDERED.