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Home My WebLink About2008 08 08 Complaint Review Board Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES COMPLAINT REVIEW BOARD HEARING AUGUST 8, 2008 This Complaint Review Board Hearing of Friday, August 8, 2008 was convened by Chairperson Dorothy F. Green at 1:00 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). In Attendance: Dorothy F. Green, Esquire, Chairperson Michael P. Clelland, Equire Chief Daniel J. Kerr, Police Department Tobe M. Lev, Esquire Jeffrey E. Mandel, Esquire Ronald W. McLemore, City of Winter Springs City Manager Jeff McCall, President, Winter Springs Professional Firefighters, IAFF Local 3296 Mr. Jeffrey E. Mandel, Esquire, Fisher & Phillips, LLP, 1250 Lincoln Plaza, 300 South Orange Avenue, Orlando, Florida: presented opening statements and distributed "Article 25" the "Discipline Article" of the Collective Bargaining Agreement and "Complaint Review Board Hearing Rules and Procedures" to the Panel. Mr. Mandel stated, "The parties have Right of Representation and for the Record, I am - Jeff Mandel on behalf of the City [of Winter Springs] and Mr. [Tobe M.] Lev is here on behalf of the Aggrieved Party." Discussion. Mr. Tobe M. Lev, Esquire, Egan, Lev & Siwica, P.A., Post Office Box 2231, Orlando, Florida: spoke about "Just Cause" and how it applies to this Case. Chairperson Green noted, "My view as Chair and the other members of the Panel -that we would allow the Union [IAFF Local 3296] to file a Brief and that we would consider that before we make a decision. At the end of the Hearing, if you want to revisit that and you change your mind, we would be happy to consider that as well." Continuing, Chairperson Green added, "So, `Article 25, Discipline [Article]' would be `Joint Exhibit 1' and the Procedures would be `Joint Exhibit 2'." CITY OF WINTER SPRINGS, FLORIDA MINUTES COMPLAINT REVIEW BOARD HEARING -AUGUST 8, 2008 PAGE 2 OF 6 Mr. Mandel distributed the Grievance Packet to the Panel which will be "Joint Exhibit 3"; the undated Termination Letter as "Joint Exhibit 4"; Termination Notice will be "Joint [Exhibit] 5"; City [of Winter Springs] Personnel Policy pages 62, 63 and 64 is "Joint [Exhibit] 6". The Attendees introduced themselves for the Record. The Opening Statements began with the City of Winter Springs followed by the Union [IAFF Local 3296]. Tape 1/Side B Mr. Mandel called the first Witness, Mr. Geoffrey Swets, Paramedic Firefighter formerly employed with the City of Daytona Beach Shores Public Safety Department and asked Mr. Swets, "Do you recognize Mr. DeVillers?" Mr. Swets stated, "Yes Sir." Mr. Mandel noted, "Let the Record reflect that the Witness has identified Mr. DeVillers." Discussion. Mr. Mandel noted, "Let me show you two (2) pictures that we marked as `City Exhibit 1'. Do you recognize these pictures?" Mr. Swets said, "Yes Sir. These were photos taken of Mr. DeVillers while he was in the holding cell doing paperwork." Discussion and questions continued with Mr. Swets. Cross Examination continued. Deputy City Clerk Joan Brown swore in Officer Tara S. Clark, City of Daytona Beach Shores Public Safety Department. Next, Mr. Mandel called Officer Tara S. Clark, Daytona Beach Shores Public Safety Department and for the Record Mr. Mandel asked, "Do you recognize Mr. DeVillers here?" Officer Clark stated, "Yes." Mr. Mandel noted, "Let the Record reflect that the Witness has identified Mr. Lee DeVillers." Discussion. Regarding the Affidavits, Chairperson Green stated, "That would be -the faxed copy page at the top shows page five (5)?" Mr. Mandel remarked, "That would be page five (5) and six (6)." Chairperson Green noted, "Just clearing up for the Record." Tape 2/Side A Discussion and questions continued with Officer Clark. Cross Examination continued. Deputy City Clerk Brown swore in Sergeant Francis T. Moore, City of Daytona Beach Shores Public Safety Department/Battalion Chief, City of Daytona Beach Shores Fire Department. Mr. Mandel asked Sergeant Moore to review the submitted Affidavits. CITY OF WINTER SPRINGS, FLORIDA MINUTES COMPLAINT REVIEW BOARD HEARING -AUGUST 8, 2008 PAGE 3 OF 6 Discussion. Chairperson Green called a Recess at 3:22 p. m. The Complaint Review Board Hearing was called back to Order at 3:31 p. m. Tape 2/Side B Due to technical difficulties, the next audiotape was used. Tape 3/Side A Discussion and questions were asked of Sergeant Moore. Cross Examination continued. Chairperson Green called a Recess at 3: SI p. m. The Complaint Review Board Hearing was called back to Order at 3:58 p. m. Deputy City Clerk Brown swore in Mr. Ronald W. McLemore, City Manager, City of Winter Springs. Mr. Mandel asked Manager McLemore to review "Joint Exhibit 4", "Joint Exhibit 5" and "Joint Exhibit 6". Discussion and questions were asked of Mr. McLemore. Cross Examination continued. Tape 3/Side B Due to technical difficulties, the next audiotape was used. Tape 4/Side A Discussion continued. Manager McLemore stated, "I cannot conscientiously put this person back in the field in Winter Springs." Mr. Mandel asked Manager McLemore if he recognized `City Exhibit 2' [Letter to Mr. Edward L. Bryant from Mr. Lee DeVillers). Manager McLemore answered, "I do." Continuing, Mr. Mandel asked, "Did Chief [Timothy J.] Lallathin [Former City of Winter Springs Fire Chief) concur with this?" Mr. Mandel added, "This decision to terminate?" Manager McLemore responded, "Absolutely and his decision certainly weighed heavily on my final decision." Discussion. Mr. Lev cross examined Manager McLemore. CITY OF WINTER SPRINGS, FLORIDA MINUTES COMPLAINT REVIEW BOARD HEARING -AUGUST 8, 2008 PAGE 4 OF 6 Mr. Mandel stated, "Mr. Lev in his opening statement said that Mr. DeVillers decided to put the well being of his wife above any procedures any protocol, apparently anything that he is required to do as a professional." Mr. Lev responded, "I don't believe I said that. Let me object to that question for the Record." Chairperson Green replied, "Okay. Noted." Discussion ensued pertaining to the City of Winter Springs' Personnel Policy. Mr. Mandel read excerpts from "Section 35" of the City of Winter Springs' Personnel Policy. Chairperson Green asked, "I wouldn't mind having a copy of that part." Chairperson Green asked about a "Standards of Conduct" Policy. Mr. Mandel stated, "Let's replace `Joint Exhibit 6' with the entire Policy." Chairperson Green replied, "Okay, that's fine." Discussion. Deputy C'iry Clerk Brown swore in Mr. Lee DeVillers. Discussion and questions were asked of Mr. DeVillers. Cross Examination continued. A Recess was called at 4:57 p.m. The Complaint Review Board Hearing was called back to Order at 4:59 p. m. Tape 4/Side B Testimony continued by Mr. DeVillers. Discussion and questions were asked of Mr. DeVillers. Cross Examination continued. Mr. DeVillers reviewed the Grievance Packet, "Joint Exhibit 3". Documents from the Volusia County Court Records were discussed. Discussion ensued. Mr. Mandel referred to "Joint Exhibit 5" as the Police Report from Pinellas County. This Report was reviewed by Mr. DeVillers. Tape 5/Side A Testimony and questions continued. Chairperson Green called a Recess at 6.• 01 p. m. The Complaint Review Board Hearing was called back to Order at 6:10 p. m. CITY OF WINTER SPRINGS, FLORIDA MINUTES COMPLAINT REVIEW BOARD HEARING -AUGUST 8, 2008 PAGE 5 OF 6 Discussion continued. Mr. DeVillers stated, "I know that my behavior was not the best way I could have behaved. My concern was simply to get to my wife. I was not trying to lash out at anyone in particular. All I knew is that I had been with her for twenty (20) years and I needed to get to my wife and the last thing we had said to each other was an argument about the adoption and I did not want that to be the last thing that was said." Discussion. Mr. Mandel stated, "I still don't see the need for Briefs. We have three (3) experienced people sitting up here..." Chairperson Green responded, "...I understand." Mr. Mandel added, "What are we going to put in writing that we can't say to you that is going to make any difference whatsoever. All it's going to do is lengthen the period of time between when you actually heard the Testimony and when you come back and make that decision and I don't see how that length of time helps anybody. Moreover, Mr. DeVillers is living up in Ohio." Chairperson Green commented, "What I would envision, if we come back it would only be to deliberate in Public and make a decision." Chairperson Green added, "I don't know if the other Members of the Panel would appreciate a Brief?" Mr. Michael P. Clelland said, "I would. In fact, it is a Contract issue with Just Cause." Next, Chairperson Green suggested, "Put it in the mail on the 22"d [August] or if you rather email it on the 25tH [August]. Email to us by five o'clock [5:00 p.m.] on the 25tH [August]." Chairperson Green added, "What I would like to do is set up something as quickly as we could after that, like within a week after that." Furthermore, Chairperson Green stated, "We are closing the Record right now, so there is nothing new in the Record. Basically, what will happen, we will get the Briefs, we will read them, we will look at the Exhibits, we will look at our notes and then when we come in, the three (3) of us will deliberate and at some point, we can either make aMotion - and then we will make a decision." Lastly, Chairperson Green explained, "At that point, then it will be on the Record what our decision is and it may be reduced to writing from whatever the transcript shows." Chairperson Green added, "Can we agree that -after the 25tH [August] we will try to set a schedule, the deliberations as soon as possible after that?" There were no objections. CITY OF WINTER SPRINGS, FLORIDA MINUTES COMPLAINT REVIEW BOARD HEARING -AUGUST 8, 2008 PAGE 6 OF 6 ADJOURNMENT The Complaint Review Board Hearing adjourned at 6:35 p.m. RESPECTFULLY SUBMITTED: J AN L.FSR~V~1N ~P'v7'3~' CI~~'TI CLERK ~~I~PR(~~IED BY ~~~~ DOROTHY F. GREEN, ESQUIRE CHAIRPER ON Y ~ __ MICHAEL P. CLELLAND, ESQUIRE DANIEL J. KE ,CHIEF WINTER SPR GS POLICE DEPARTMENT