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Behrens RedBook 1 of 2_Redacted• .. llllrlll llllrs 111111111 PROJECT ASSIGNMENT TRACKING SYSTEM IA Case Number: ADM2017--0051 Date Assigned: 10/10/2017 Assigned To: Project Source: Project Type: Due Date: Internal Affairs Investigations Ext Date: Date Closed: Remarks:. Please investigate. Conduct and record any interviews as needed. Working Together To Serve ITEM INTERNAL AFFAIRS CASE TRACKING FORM INTERNAL AFFAIRS CASE# ADM2017-0051 DATE COMPLAINANT OPENING LETTER MAILED NOTIFICATION MEMO TO EMPLOYEE CASE INVESTIGATION COMPLETED DEPUTY CHIEF REVIEW AND RECOMMEND CHIEF/FINAL DISPOSITION DISCIPLINE LETTER TO BUREAU DISCIPLINE LETTER TO PERSONNEL COMPLAINANT CLOSING LETTER MAILED DISPOSITION MEMO TO EMPLOYEE COMPUTER UPDATED, CASE FILED INITIAL ....................................... ,. ................. ,. ............................................................................................ "' .. COMANDER'S REVIEW: CASE CLOSED: NO: ___ YES: DATE DATE COMMANDER'S SIGNATURE: LONG BEACH POLICE DE,PARTMENT PERSONNEL INVESTIGATION CASE FILE COMPLAINANT($) _A_d"""m-'-"'--in .... , ls-t ..... ra_.t ... io_n ________ CASE# ADM2017-0051 DATE OCCUA1RED DATE ASSIGNED' 10/10/2017 -----------=--::.:.=-"-.:...:....---- DATE DUE ________ INVESTIGATOR TABLE OF CONTENTS SUBJECT SECTION Personnel Com,plalnt ....................................................... , •••••.....••••••••••...••••••.• 1 For-malized Complaint Form Accused Officer's IA History Ex-ecutive summary ... ,. ......................................................................... , ............................ 2 Background Separate allegations Res,ponse to all.egations which support or refute • Complainant, • Civilian witnesses • Witness officer(s) • Accused officer(s) Investigator Notes (format to include the following,:) ................... , .•••••.•.••••••..•.••• 3 Memoranda to file on investigator's actions lntervie.w-s ................................................ ,. ..... , ...... "' ............. , ...... ""., ............................... 4 P,lace f,ntervie,ws in alphabet,ical order Include all pertinent witnesses Addenda L·lst.li •........... ···•li•i ................ Ii ............................................................................ 5 Use -of Force incident (include below listed:) • Use ,of Force report • Sergeant's Log • Station Commander's Log Crime Report(s) AB 301 form(s) Property Report(s) Officer's Log(s) Arrest Report(s) Vehicle Report{s) Follow-up Report(s) Photo Line-ups Other Reports Paramedic and Medical Records Computer Runs Phot,ographs of evidence or injuries or absence of injuries City Auditor/Human Resources Director/Chief of Police/ Personnel Administrator/Internal Affilirs/Taxpayers WE ARE WRffiNG THIS LETTER SO THAT YOU'RE ALL AWARE OF WHAT HAS BEEN GOING ON IN OUR/YOUR CITY JAIL IN THE MONTH OF JULY WE BROUGHT UP SOME CONCERNS TO THE CITY AND POLICE ADMINISTRATION AND SO FAR THE ISSUES CONTINUES. SINCE THESE CONCERNS WERE BROUGHT UP TO OUR JAIL ADMINJSTRA TIVE STAFF NOTHING HAS COME OF JT. WE-GET THREATENED WITH WRITE UP'S, WE ARE TALKED DOWN TO, AND RECEIVE INTIMIDATING GLARES FROM JAIL SERGEANT AND JAILADMIN BEHRENS. BECAUSE OF THIS THE JAIL LINE STAFF IS AFRAID TO ADDRESS THESE ISSUES WITH THE UNION AND HR BECAUSE Of POSSIBLE RETAJLIATJON. CHIEF OF POLICE LUNA ISSUED A MEMORANDUM TO THE ENTIRE DEPARTMENT, REGARDING ANY ISSUES OR CONCERN ™AT PEOPLE HAD, NEEDED to GO THROUGH THE CHAIN OF COMMAND. HOW COULD WE7 WHEN WE BRING UP CONCERNS OR ISSUES All WE GET IN RETURN ARE THREATS. WHAT DO WE DO WHEN THE PROBLEM IS THE CHAIN OF COMMAND? LOOK AT YOUR DEPUTY CHIEF BECKMAN, HE MOVED TO AVOID AU. THE COMPLAINTS THAT ARE ARISING. CHIEF LUNA MAYBE YOU SHOULD TAKE A GOOD LOOK IN YOUR JAIL AND ASK YOURSELF WHY PEOPLE ARE LEAVING THE JAIL SO FAST AND WHY ARE THEY RETIRING WITH OUT ANY NOTICE? THEY WANT TO REMOVE THEMSELVES AS QUICKL VAS POSSIBLE FROM THIS TOXIC ENVIRONMENT. ONE OF THE CONCERNS THAT WERE BROUGHT UP TO ADMINISTRATION WAS ABOUT HOW SPECIAL SERVICES OFFICER WAS REMOVED FROM THE JAIL FOR TO DO SECRETARY DUTIES. HOW COULD THEY HAVE REMOVED HER FROM HER DUTIES THAT SHE WAS l:flRED TO DO WHEN WE ARE SHORT STAFFED FEMALES IN THIS DIVISION? FEMALE OFFICERS ARE GETTlNG ORDERED TO WORK MANDATORY SHIFTS WHERE FEMALES ARE NEEDED. THE FEMALE OFFICERS ARE OVERWORKED AND COMPLETELY UNDERSTAFFED WJTH THE EXCEPTION OF . IT WAS VERY CONVENIENT SHE WAS GIVEN HER NEW POSITION (NOT BUDGmD) DURING THE HOLIDAYS; HER NEW POSITION HAS WEEKENDS AND HOU DAYS OFF. SHE WAS lRAINED ANO CONTINUES TO BE TRAINED (AT TttE EXPENSE OF TAX PAYERS) TO 00 A JOB THAT SHE IS NOT DOING. HOW CAN THIS CONTINUE? JAIL SUPERVISORS WERE THREATENED TO NOT ORDER HER TO WORK THE JAIL FLOOR. RETIRED SGT. ALONG WITH OTHERS WERE THREATENED BY THE JAIL ADMIN STAFF TO NOT "TOUCH HER• OR SPECIAL SERVICES OFFICER REGARDLESS OF THE SENIORITY OR TIME YOU HAVE IN THIS DIVISION WE ARE BEING MANDATED TO WORK BlJT NOT THEM TWO. THEY CONTINUE TO BE THE "UNTOUCHABLES• BECAUSE THEY WERE HEAVILY FAVORED BY THE PREVIOUS DEPlJTY CHIEF MICHAEL BECKMAN. THEY HAD TO PLACE SPECIAL SERVICE OFFICER IV ON THE FLOOR TO BE TRAINED BECAUSE THEY HAD PROMOTED HIM AND WE COMPLAINED HOW HE NEVER WAS TRAINED ON THE JAIL FLOOR. WHAT WE GOT OUT OF THIS WAS HIM TRAINING FOR THREE WEEKS AT HIS LEISURE, HE WAS AU.OWED TO TRAIN AT HIS OWN SCHEDULE UNLIKE NO OTHER SUPERVISOR. ALL HE DID WAS THREATENED TO "WRITE UP'" AND TALK DOWN TO LINE STAFF INFRONT OF INMATES AND OTHER LAW ENFORCEMENT AGENCIES. THIS IS SO UNPROFESSIONALANO UNEXCEPTABLE FOR HIM TO HAVE DONE THIS. HE l3NNOSlt3d/1lOHA 'Id 03Af303» CONTINUES TO GET AWAY WITH IT AS A SUPERVISOR. All OUR JAIL ADMIN STAFF DO WAS LAUGH AND APPROVE HIS AOlONS. HE NEVER RECEIVED ANY DISCIPLINE FOR HIS ACTIONS. HAS THE ACCESS AND AUTHORITY TO VIEW All CAMERAS IN THE FACIUlY. HE SHOULDN'T HAVE THIS ACCESS AS HE USES TO INTIMIDATE AND HARASS THE STAFF. HE WAS PRlf,fJING QUESTIONABLE PICTURES OF POLICE OFFICERS, JAIL STAFF AND CONTRACTED MEDICAL STAFF AND USING THAT TO HARASS THEM. WHO GAVE THEM THE AUTHORITY TO DO THIS? lAST, BUT NOT LEAST, ACCORDING TO JAIL ADMIN SGT., IT IS PASS PRACTICE TO LIE ON THEIR TIME CARDS. THERE IS A LOT OF QUESTIONABLE TlMECARD TRANSACTIONS BEING DONE IN THIS ADMINISTRATION. THIS IS ALL APPROVED BY THE ADMJNISTRA TOR, TOM BEHRENS. HAS BEEN CLAIMING AN AUTOMATIC THREE HOURS OF OVERTIME FOR WORK AND TIME THAT HE HASN'T BEEN DOING. EVERYONE HERE IS AWARE OF THIS FRAUD BUT NO ONE WANTS TO SPEAK UP FOR FEAR OF RETALIATION. HE ALSO HAS HAD THE BOOKING SGTS DO SOME OF HIS WORK THAT HE HASN'T DONE AND ADDS IT ON HIS OVERTIME. SOMETIMES HE PUTS DOWN ON HIS TIMECARD THAT HE IS HERE WORKING LATE, BUT IN FACT HE LEFT EARLY. HE ALSO HAS TRIED TO PAY THE BOOKING SGT'S ANO JAIL SUPERVISORS OVERTIME WHILE THEY ARE AT HOME. THE BOOKING SGT'S TOLD HIM NO THAT WAS FRAUD AND THEY WERE NOT GOING TO BE APART OF IT. THAT WAS ONE REASON WHY SOME OF ntE BOOKING SGT'S RETIRED BECAUSE OF All THE NONSENSE AND FRAUD THAT WAS GOING ON. THEY SAID THEY WANTED NO PART OF IT AND THAT THEY WERE All HONEST THROUGH THEIR CAREERS AND THAT WAS STEALING FROM THE CITY. IF YOU HAVE ANY QUESTIONS OF THIS FRAUD THE GOING ON, YOU CAN VIEW THE CAMERAS OR MAYBE YOU CAN ASK TO PULL THE VIDEO SINCE HE IS VERY GOOD AT PU LUNG VIDEO ON THINGS NO ONE HAS ASKED HIM TO DO, OR MAYBE HE Will DELETE THE FOOTAGE SINCE TH~ ALL SEEM TO DO ALL KINDS OF CROOKED THINGS. WHAT ARE WE NOW THE LOS ANGELES SHERIFF'S DEPT WITH LEE BACA AND TANAKA RUNNING THINGS HERE IN THE LONG BEACH CITY JAIL? From: Sent: To: Monday, October 09, 2017 3:53 PM Lloyd Cox Cc: Subject: Attachments: Fwd: 10-6-17 Jail Complaint Commander Cox, Based on the information contained in the attached document, I am requesting an Admnistrative Investigation be initiated. The attached document contains anonymous allegations of misconduct in the Jail Division. Please contact me if you have any further questions. Thank you, Deputy Chief, Support Bureau Long Beach Police Department (562) 570-7342 From: Jason Campbell Sent: Friday, October 6, 2017 9:27:54 AM To: Cc: Jason Campbell;Jennifer Roberts Subject: fW: 10-6-17 Jail Complaint Hi , FYI. Sincerely, Jason S. Campbell, Bureau Chief Administration Bureau Long Beach Police Department (562) 570-6188 --Original Message- From: Paula Gallegos Sent: Friday, October 06, 2017 9:18 AM To: Jason Campbell Subject: 10-6-17 Jail Complaint Hi Jason, Here is a copy of the complaint. Paula-Gallegos Personnel Administrator 1 Long Beach Police Department 562-570-7310 ---Original Message--- From: Sent: Friday, October 06. 2017 8:04 AM To: Paula Gallegos Subject: Please open the auached document. It was scanned and sent to you using a Xerox Multifunction Printer. Attachment File Type: pdf. Multi-Page Multifunction Printer Location: Device Name: p767 For more information on Xerox products and solutions. please visit hllp://www.xcrox.com 2 11l/1Ql2017 FRONT PAGE NEWS LETTERS OPINION SECTIONS ADVERTISING CLASSIFIEDS SUBSCRlBE LONG BEACH SYMPHONY'S APRIL 29 All-MOZART CONCERT Home • Beachcomber Seeks ~s Tips Beachcomber Seeks News Tips Pat:lished by adm,n on Thu. 10/05/2017. 6 06pm Recent tip reports on LBPO jail corruption By: Jay a..i., .............. ROSSMOOR HOME D 4£1i.rt.d /,,,tD'J ,-.,I,~ 11.( 1 Oil CY.1017 ___ T.,_I_ • -II Ill••• FJ.'81111 ........ 11171, ..• ,. The Buchcomlle< en~ reade<s lo Pf(Mde us ""'111 ,-s •· ~ can m•• the per110n 1IJl>m!bng 1"- inf0lmaliorl aligible lo( oouruicle tic:MII lo a L0119 Beacl1 SIM II~ even«. IUCh as the upc,om,,g women's voleybell game versus UC ON1 on Fnday, Oct. 27 NHS tips can indu<le breaking local news. news~ o, ,jdeoe •s a You Tube 114e. ,n.,.st,g-..e o, , ... u,e llories. o, anonymous tiP9. such as lhe recenl tip received on corruption wilhin the LC>nG Beach Police Deparunent's jail [ad. here lo -the r.aacted sul:lm!.IMlllJ Un!ortunalefy anonymou9 Wps somllllrrws go nowt,en, ~ the pe,9011 •~ the information is no! wilhng ,to 9l)NI< will! ia and/or pr!Mde proof of ti,_ daims Mor-. they won, be eligfble for the frwe tiCl<etsl tfyou nave a ,,_11p, call (562J 597--8000, faic (562) 597-IMl 0, email bpl@beaclla>n'tle< ~ews or mad to Beachcomber News Tip, Poat Office Box 15679, LOOG 9-:11, CA 9081S--Oe79 Phclo• of Leng Beach laranans. -ue•. murals an:! OCher uniq,.,e loCal ,mages w,U also be co,,sidered es a newt tip in the abMOCe of more oompelkng material Category: N<Nt9 o Comment3 Add a eommenl . FOC8t>ooll C-1'\.Vn 15 Shares LONG BEACH GENERAL PLAN UPDATE IS HERE! GETINVOLVEot V1ev,, drdft doctHnt'nh take a ,hart ,urv•y. Jam the on line d1scurnon, and p.ort1<1pat• on an upcoming work,hop I FIIDOlfTMOII£ I CIJY(lf LONGBEACH S EN IOR CARE (562) 596-4884 homeinstead.com/2 7 5 1()/U'.~2017 s.-s.u-.r-,.1- BEACHCOMBER INFOR\4MION .... ~ -·-· ........... ,_,_ ...... ,,., ___ ,_,_..,..,....,. -..... ·---•--•i..., ..... --.............. (714) 639-5500 .--.js.:pl .. ,.:c.. .... , lii1 ROBERTSON' -~~ llaJ PAINTING £.,allfflt•..t -.__.. ............. m.n. f(__,..,..., ........ \inw di l 0-.ftff ~ ... ..,.-c-56f•s i :.H88 ,.._,..,. •• .... ~· ... """'" ... -.,.t.t.... FEATURED VIDEO Catalina Express "4ofe V,deoS ~,--..-,_-~-..-new.~,i,• 31-4 Copynght 2017 Beeler & Assoaalfl ,-J ,;gtrts ..wM!d Conleots maiy not be ,epro<lllced o, lrllf1Sffllfled -by any means -Wllnoul publl!hefs -.nnen ~msS>On CorudU• Edllorial Calenda, POF s/Fo<ms/Link• 90802-4401:SS INTERNAL AFFAIRS 400 W BROADWAY LONG BEACH, CA 90802 r If• Jr•J•t In uJlf 1Jf J JI J1IJ1 J Jf lJJ,J111 l1U11•l1r1 J1JJ1, IIJI, Jf 1 City Auditor/Human Resources Director/Chief or Police/ Personnel Administrator/Internal Affairs/raxpayers WE ARE WRffiNG THIS LETTER SO THAT YOU'RE All AWARE OF WHAT HAS BEEN GOING ON IN OUR/YOUR CllY JAIL IN THE MOITTH OF JULY WE BROUGHT UP SOME CONCERNS TO THE CITY AND POLICE AOMINISTRATION AND SO FAR THE ISSUES CONTINUES. OCT 1 7 2017 SINCE THESE CONCERNS WERE BROUGHT UP TO OUR JAIL ADMINISTRATIVE STAFF NOTHING HAS COME OF IT. WE GET THREATENED WITH WRITE UP'S, WE ARE TALKED DOWN TO, AND RECEIVE INTIMIDATING GLARES FROM JAIL AND JAILADMIN BEHRENS. BECAUSE OF THIS THE JAIL LINE STAFF IS AFRAID TO ADDRESS THESE ISSUES WITH THE UNION AND HR BECAUSE OF POSSIBLE RET AlllATION. CHIEF OF POLICE LUNA ISSUED A MEMORANDUM TO THE ENTIRE DEPARTMENT, REGARDING ANY ISSUES OR CONCERN TIMT PEOPLE HAD, NEEDED TO GO THROUGH THE CHAIN OF COMMAND. HOW COULD WE7 WHEN WE BRING UP CONCERNS OR ISSUES All WE GET IN RETURN ARE THREATS. WHAT DO WE 00 WHEN THE PROBLEM IS THE CHAIN OF COMMAND1 LOOK AT YOUR DEPLITY CHIEF BECKMAN, HE MOVED TO AVOID AU THE COMPLAIITTS THAT ARE ARISING. CHIEF LUNA MAYBE YOU SHOULD TAKE A GOOD LOOK IN YOUR JAIL AND ASK YOURSELF WHY PEOPLE ARE LEAVING THE JAIL SO FAST AND WHY ARE THEY RETIRING WITH OUT ANY NOTICE? THEY WANT TO REMOVE THEMSELVES AS QUICKLY AS POSSIBLE FROM THIS TOXIC ENVIRONMENT. ONE OF THE CONCERNS THAT WERE BROUGHT UP TO ADMINISTRATION WAS ABOUT HOW SPECIAL SERVICES OFFICER WAS REMOVED FROM THE JAIL FOR TO DO SECRETARY DUTIES. HOW COULD THEY HAVE REMOVED HER FROM HER DUTIES THAT SHE WAS HIRED TO DO WHEN WE ARE SHORT STAFFED FEMALES IN THIS DIVISION? FEMALE OFFICERS ARE GITTING ORDERED TO WORK MANDATORY SHIFTS WHERE FEMALES ARE NEEDED. THE FEMALE OFFICERS ARE OVERWORKED AND COMPLITTLY UNDERSTAFFED WITH THE EXCEPTION OF . IT WAS VERY CONVENIENT SHE WAS GIVEN HER NEW POSITION (NOT BUDGETED) DURING THE HOLIDAYS; HER NEW POSITION HAS WEEKENDS AND HOLIDAYS OFF. SHE WAS TRAINED AND CONTINUES TO SE TRAINED (AT THE EXPENSE OFT AX PAYERS) TO DO A JOB THAT SHE IS NOT DOING. HOW CAN THIS CONTINUE? JAIL SUPERVISORS WERE THREATENED TO NOT ORDER HER TO WORK THE JAIL FLOOR. RETIRED SGT. ALONG WITH OTHERS WERE THREATENED BY THE JAIL ADMIN STAFF TO NOT "TOUCH HERn OR SPECIAL SERVICES OFFICER L REGARDLESS OF THE SENIORITY OR TIME YOU HAVE IN THIS DIVISION WE ARE BEING MANDATED TO WORK BUT NOT THEM TWO. THEY CONTINUE TO BE THE "UNTOUCHABLES" BECAUSE THEY WERE HEAVILY FAVORED SY THE PREVIOUS DEPUTY CHIEF MICHAEL BECKMAN. THEY HAD TO PLACE SPECIAL SERVICE OFFICER JV ON THE FLOOR TO BE TRAINED BECAUSE THEY HAO PROMOTED HIM AND WE COMPLAINED HOW HE NEVER WAS TRAINED ON THE JAIL FLOOR. WHAT WE GOT OUT OF THIS WAS HIM TRAINING FOR THREE WEEKS AT HIS LEISURE, HE WAS AUOWED TO TRAIN AT HIS OWN SCHEDULE UNLIKE NO OTHER SUPERVISOR. ALL HE DID WAS THREATENED TO HWRITE UP" AND TALK DOWN TO LINE STAFF INFRONT OF INMATES AND OTHER LAW ENFORCEMENT AGENCIES. THIS 15 SO UNPROFESSIONAL AND UNEXCEPTABLE FOR HIM TO HAVE DONE THIS. HE CONTINUES TO GET AWAY WITH IT ASA SUPERVISOR. ALL OUR JAILADMIN STAFF DO WAS LAUGH AND APPROVE HIS ACTIONS. HE NEVER RECEIVED ANY DISCIPLINE FOR HIS ACTIONS. HAS THE ACCESS AND AUTHORITY TO VIEW ALL CAMERAS IN THE FACILITY. HE SHOULDNT HAVE THIS ACCESS AS HE USES TO INTIMIDATE AND HARASS THE STAFF. HE WAS PRINTING QUESTIONABLE PICTURES OF POLICE OFFICERS, JAIL STAFF AND CONTRACTED MEDICAL STAFF AND USING THAT TO HARASS THEM. WHO GAVE THEM THE AUTHORITY TO DO THIS? LAST, BUT NOT LEAST, ACCORDING TO JAIL ADMIN SGT. IT IS PASS PRACTICE TO LIE ON THEIR TIME CARDS. THERE IS A LOT OF QUESTIONABLE TIMECARD TRANSACTIONS BEING DONE IN THIS ADMINISTRATION. THIS IS ALL APPROVED BY THE ADMINISTRATOR, TOM BEHRENS. HAS BEEN CLAIMING AN AUTOMATIC THREE HOURS OF OVERTIME FOR WORK AND TIME THAT HE HASN'T BEEN DOING. EVERYONE HERE IS AWARE OF THIS FRAUD BUT NO ONE WANTS TO SPEAK UP FOR FEAR OF RETALIATION. HE ALSO HAS HAD THE BOOKING SGTS DO SOME OF HIS WORK THAT HE HASN'T DONE AND ADDS IT ON HIS OVERTIME. SOMETIMES HE PUTS DOWN ON HIS TIMECARD THAT HE IS HERE WORKING LATE, BUT IN FACT HE LEFT EARLY. HE AtsO HAS TRIED TO PAY THE BOOKING SGT'S AND JAIL SUPERVISORS OVERTIME WHILE THEY ARE AT HOME. THE BOOKING SGT'S TOLD HIM NO THAT WAS FRAUD AND THEY WERE NOT GOING TO BE APART OF rr. THAT WAS ONE REASON WHY SOME OF THE BOOKING SGrs RETIRED BECAUSE OF ALL THE NONSENSE AND FRAUD THAT WAS GOING ON. THEY SAID THEY WANTED NO PART OF IT AND THAT THEY WERE ALL HONEST THROUGH THEIR CAREERS AND THAT WAS STEALING FROM THE CITY. IF YOU HAVE ANY QUESTIONS OF THIS FRAUD THE GOING ON, YOU CAN VIEW THE CAMERAS OR MAYBE YOU CAN ASK TO PULL THE VIDEO SINCE HE IS VERY GOOD AT PULLING VIDEO ON THINGS NO ONE HAS ASKED HIM TO 00, OR MAYBE HE WILL DELETE THE FOOTAGE SINCE THEY AU SEEM TO DO ALL KINDS OF CROOKED THINGS. WHAT ARE WE NOW THE LOS ANGELES SHERIFF'S DEPT WITH LEE BACA ANO TANAKA RUNNING THINGS HERE IN THE LONG BEACH CITY JAIL? .... 03 0....--:T 201.7 P M 11 ·L From: Sent: To: Subject: Attachments: Uayd Co-, Commander Internal Affairs Lloyd Cox Wednesday, May 23, 2018 2·56 PM FW: Message from HR13KM8HC754e SHR l3KMBHC7 l 7011009040.pdf Lo111 Beach Police Department 400 W. Broadway Long Beach, CA 90802 562 570-7411 From: Debbie Sent: Wednesday, May 23, 2018 2:40 PM To: Lloyd CoK Subject: FW: Message from HR13KMBHC754e Debbie LBP0 Personnel Division 570-6448 From: Debbie Sent: Tuesday, January 10, 2017 11:07 AM To: Debbie Subject: fwd: Message from HR13KMBHC754e Debbie Sent from my iPhone Begin forwarded message: From: Cynthia Stafford Date: January 10, 2017 al 8:57:40 AM PST To: Cc: Jason campbell Subject: FW: Message from HR13KMBHC754e I received the attached anonymous complaint. Can you please have your staff look into the complafnt and get back to me. Thanks, CAS From: Sent: Tuesday, January 10, 2017 9:05 AM To: Cynthia Stafford Subject: Message from HR13KMBHC754e • AV:;;-1s -Afr. u. .... "tJ _,, .., } .. I ,N City Auditor/Human Resouru9 OlrectOf/Chlef of Police/Pe~onnel Administrator < ;;z ~Tl1 We ,are Miting to mal\e you aware of some e.weme lavonlism that i• going on in our City Jal !hat l.s cosuno ltte potice d~ and !h• City lots ol money In Of and wasted training mlatad costs for lhe fasl ·several months. This sltuaUon has demondlz.ed our staff bey •. ,enyijl!ng ~t wi,'ve ever seen lrOm !be• SupeMIOB ... lo line staff to our Jal walch commarlCle~. In March two ol our SSO 3s ) were• promolfld to SSO 4s. But only ,on.a of those two is aKrvolly doing ,tne, jab of a, $upetVisor lhe job he was, hnd ID do 111d :m ·classitled 10 do. complel8d hl.s lrai""1g and now Is In charge or a WOR crew, Bui •IJ!t at a desk all day looldng, al video, giYll\g tours ·•nd doing al 1klod1 of non-es.Hn!ial duties. Please look up lhe <lsfinition of SSO 4 per lhe CMI SeMCe clanlficatlon: Gnd• Le'191' IV • Hud• a bur .. u or d_.,artm.nbl runk of security pe,.onnel -OR -aupel'VisN autiordlnatn •ngaged In overseeing the work and co,,duct of persons deQ!ned In custody. Ow fadlty hliil 2.4 hoYr survelltanca, Inside the jaJI and.,,,. Invite you to oome to, Ollf' 1jllfs lo view video ,ot lhe WOf:11 that ls dOlng. He NEVER sle,ps on the door to aupennse SSO Js and II nol Involved In dealing with lnmales Ike all of OUf other aupervi11(l(s do from the masl senior to .toe newnt one. He doesn't ,eve11 wofk OT lo h9lp eover 11acancles for a n,ten!ty ,-ln(j sso 4. tn,tna !he pJI bosses m.M· SSO 3s wort as •lldtn· that are.om.trained as la. They have more 'lhan eoough newly promo!ed supervison .lhal should btt dolog the job, as, e supetvl1«. lhe 'ladmg" supeNl:sors .are t'8klctant and feel lhal kb nol fair that they are being made respon.,l>le and Rable wrtnoul U'le proper training. They have '11pnn,t'd It.-com:,m lo l\ol only the bosses bot also lhe union. attends mandated nlnr,gs for .Cs but no one UfldeBlafl<fS wtiy ha QOiii ~ ·tie ,larJ,'t worl<fng tt., 1loof as a"· It is a wnte of City taxpayan, dolla~. H• prefera to sil at his computer a111 day long and wo!'l< Ilk• ir he wen, an IT pe1$on which he obvtousfy lsni. Wny do Che· bosl(I$ allow 11.7 The. n-.d Is on !ht, lloor, wilt\ the 3.$ and the lnJnatn. Thill extreme and now Obllious ravomlsm II a CQl\ltanl lnsut to the ~&Maors that et~, the mo,t te11lor afld that have earned !heir stripes through ,hard W011c, and proven l111dershlp. Thll ls also· men lns\Jlklg to Ulose (!he more Hnior 31) Iha.I epplled to become •t 11'\d hOpecS ,to promote. Tt.y we,e not chosen. TM process was luppoMd to be rat, but •~one kneW lhat M>IJkl, get picked beealJN. he happened to work jn UW deputy chleh omc.. We want lo know wtty lhia ii aJowed? 'Mly Is ii ok ,lo lake a U.lime employee off the floor or wo™' never lnain lhem to do Ille >oo that O(hef stalf In his dasailk.atlon actually do? this person goes as h!r as !dog people UUII he • "nev9r comng ~etc lo the l\ool"' •nd will conliniJe lo do administrative worl<. He EqC>ys a 4-10 schedule with evenings ,off (Which he 1hooldn't ha\Nt and hnn1 nmed being, the 11east senior) and has weelumds and holldayi off too. This b beyond upsetting and we ara a,tdng ror someonti ,to fully lm,elllgale this ctlf'lllnued 5'ap l'1 lhe l•c;e to our ti.ff In !he jd. CQllle to lhe jalt and review our mnter schl!dul.es 11nce II• WlCS pIOmol&d and you will see that has •NEV,ER beQn scheduled to wDfk as a s~l'Vtsgf on the noo, as he •Is supposed l'0. Dfl. 11--c.r ~ Str-~-11 .-sso Anofher •acfm~• p.»ltlon .lhat happened lo pop up a few monlha ago was for This detanllon olf'IC« was our j1I seen,t_ary once ,upon .a ti"'-. ,Sheatso hppened lO wort\ ill the c!liers office and hu a 10n lhel haf)pens. lo, be 'an officer. $he llalnecl to be a 3 l!lld was once ass.igntld lo the br. l akin,g her off .the 110m (a,lncldenlally) dullng1 the holidays lasl year IM this •adm• )IJb .....,ely impacted ourt-J. Now she WCftls days. has a, 4-10.achedule and has weekends and holidays olf. W. .,,. beyond lllOf1 rem.._, 9\'efYOO. knows !hat We have feman lhal come lo lhe jal but .a,e, AtM pn1~ .the CORE ciaSM1 ,so then lt;ey have to laaw, We will be 1.011ng .mo111. females In ,.,_ next tew month& 'lo other agencies and others that do not want lo wodc. her9 anymo'-are looklng ,to go lo othttl' .3, spoCJ In U-.. City. We don'! undemand why is allowed 'lo conlln.ue doing l!drni.o WOf1t. lhe OOUH know lha1 -1111 short i.m.lM and lnstAd ol pult#lg lief 0t\ '!he ftOO( IO ccwe,' vacancies that would ..... e money ltl• -alu con!lnues her non-esseAtlal tdnwl Clulin. Met btll,ig olf the floor aeales • VIICal'ICy and' automaliQllly 40 tlol.n of OT on lhe w.ellly 1chedule. Al! ¥le wontes aOQOI Is having bwlhday pa,tl.n , decorating lot lhe holiday, artd passing out grNl!ng catda. TheN have NEVER been Important 10 the Jal. II ls not pa,t of !ht prim.,y dules that we do eveiy day. We are overworked. and need all lhe help fflilffl al 111111able .-.d !rlllned rtarr on the lloor. She goea lo 11ralnlngJ loo and b what? She Wl't pu111"'9 Into practice or uaing any ol Ula stuff she hi. •bffig 1..--,ed lo, do. Another ~ar wast• of money ft0m the Jal ma.nagementl She wants ,to do party planning work but Qetpald Ike a3. How can Ifie bocses allowthls?'Agairt, mlsmar\agllfJle'11 of staff and fund$. AIJl. her and the wil 1811. ~ 1he doesn't woitc the ,ftoo, bilcallM •now I.he II part ol the admit! ll•IT" and will onfy cover vacendH. and OT aNftl. lhe chooses. She ls 9l!9Rlpl rram mandated OT and doea.n'l haw lo bid ror • -lhill. da.y1 off/ or vacalion days off even IMugh h9f senlortty .gays she 1Jiould. This adml.n team lhal ~ boHes have r:rNt.ed has DIVIOEO our jail by cteallng prQ4odec1 at.ff that 1(:a)ldin,g ,to, It!• bool<loQ sergeants are "1untoudl!!!b1e.• AIJd no one c.,-. complain a quell.ion why and don'.t ·Wlift the loot ~ they are thmlanad w!1h • Written reprtm..nd1. Tho• lh~l are ·35 ,hould -~ on #Ml floor doing, lhelf Jolla. Rls\wlg their live• in dealng Wflh crmlnals. El(poslng lhem,elvu to dis.ease,, ume, feats, the rnen1,lly ,11 .mid pt1y1.lcal harm on • DAILY bn_is. 11\M 11 the fob we all ace ,trained fof and proudly do. ~ -.U olher lldmln ]obi can Wal urtlll \¥11 have 1laff to actuall'y do lheMI admln prtJlec!s, But we ha'I& never needed admin 1taff In it,e, pillt other than the edmln sgt lo, mah, 1h11 p(Ke-run -W. All pflljltds have always been handled by the, on-cMy supervi5or and C8n be llandled withOOt assigning slarf th•I we do not haye lo ,ap.-, and 1,n·1 buc,tgelad rOf admln wo~ As fa, as the 4s, we ,are lnsu.lled oo ~ aaJly whtn we 1see,.s run 1"11.W'!d Wflll SCtlpes that he ha~•, earned. He 'Is a fraud. It Is the most disheartening and demoralzlng thing ever for our 1uperv1sors to witness. Youi can come lo ow Jal to '" to, ,ourself, T lie, to aJ"IVom, Come 1io our jails and tali. lo I.he ~ Nl'.llor Of OU! 1ataff arid • ltwn. Tall :lo lhe booliuog ~• they 1111 equaly fruwaled 'Mlh lhe way lh•t lhe jal nn bte1:1 oNid.ed ~ 1W0 part. the admJn staff and 1hen 4Neryone ... This Is ,10t. way to I~ CU" dMalon and lo all be on lhe ume leam. One. IINm, one mm!on? Not .In Iha .... II ls UI 'n !hen\. We.,. trwd .,,d ukJlf lhatt 1N1 ~ be torteaed. we,.,. not .rdlng ntmes lo 1h111et1et btcause iC 1an•,,wt1at 1s inpof1ant. You might, ... • Jaw pn,jects lhal. l\ls new bou. hal done Ike pall lh• 1bookkig ,uvwf, MW TVs, and floor In the brtlN!g room but donlt let !Nil bot you_ We Clan't rwed any ol. lhal Wha.t'" want aid .-d ls lo be nated equally ancr· our ,seniority to w rn,pect.d -d ~ W• IYw wol'Md hard to am It. Thia faY(lfill:,m ·CWUltOt continue. Not jtJal becaute you happen lo know someone In !he command Jr.ff rna«8$ II 01< to be tr&lle<t '414th otMout fl:YOfitlwn .tlle ~noq ,lfw, ml of the ~ lh•t do 1he rHI ctelentton wor1t In lhe Jal day it :and day out. ~l-.,1,$. ThaM you. City of Long Beach Memorandum Worldng Together to Serve Date: June 21, 201 s To: Lloyd Cox, Commander, Internal Affairs Division From: Alex Avila, Deputy Chief, Support Bureau~ Subject: INTJ;RNAL AFFAIRS COMPLANT # ADM2017·0051 In May of 2018, Commander Cox advised me that !ntemal Affairs received an anonymous complaint alleglng misconduct on the part of and Admlnil;;trator Tom Behrens. The alleged misconduct centered on consistent overtime being claimed by , but that is not actually being work. The anonymous complainant also alleges that Administrator Behrens authorizes and approves the overtime knowing It is not being work. During the course of the preliminary Investigation, Internal Affairs Investigators identified the consistent overtime as potentially connected to administrative duties In court affairs. They also identified an AWID daily pattern that shows last use of AWID, presumably to end his workday, to be three hours prior to his scheduled end of workday. On Saturday, May 12, 2018, I contacted Administrator Behrens via phone. I informed him there is administrative complaint against both he and alleging misappropriation of overtime and scheduled hours. I informed him that If ls receiving nearly daily overtime associated with court affairs duties, he is to stop working those hours without first being authorized by me personally. Without any solicitation on my part, Administrator Behrens stated he has been carrying a Sergeant vacancy in court affairs for an extended period without the ability to fill it and that he has authorized 12 hours overtime per week to handle the administrative duties of the court affairs position. I again stated that Is not to work any court affairs overtime without him first calling me for authorization. I also asked him to remind all his employees, including , that they are to work their entire work shift, unless approved for a an ear1y out, and that the hours actually worked be properly documented on their timecards. On Monday, May 14, 2018, Administrator Behrens met with me In my office and stated that he would assign the court affairs administrative duties to the Watch 2 booking sergeant and that the duties would be completed during the booking sergeant's scheduled hours, negating the need for to call me for overtime approval. I approved of the change. To my knowledge, there have been no issues with the booking sergeant handling the additional duties. If you have any questions, please contact me at X86179. AA:aa Jail Complaint Date: To: From: Subject: City of Long Beach Woliing Tog.U!f.r 14 S.M December 31 1 2018 Robert Luna, Chief of Police Alex Avila, Deputy Chief, Suppon Burea~ RESPONSE TO COMPLAINT-JAIL 0IDIVISON Memorandum This memorandum Is being written in response to ambiguous allegations made by an unknown complainant(s) with regards to the Jall Division. The allegations are like those that have been received In 2016/2017, since, the lm,plementation of new standards wtthln our.Jail Division. Unfortunately, some Jail Division ernptoyees have been, resistant to these changes, prompting them to formu1ate allegatioAS and detivt{ them anonymously to other City departments, outside entitles, aAd Internal Affairs (I.A.). . · the anon,ymous complaint did result in ,an I.A. in.vestlgatlon regarding timecard fraud against and Administrator Behrens. RESPONSE TO COMPLAINT -JAIL DIVISION December 31, 2018 Page2 the allegations regarding timecard fraud will be investigated. If you have any questions, please contact me at extension 87342. cc: Uoyd Cox, Commander, Internal Affairs Division AA:aa Attachment IA Case#: FORM.ALIZEO COMPLAINT CASE. FORM .ADM2017--0051 Date. Occurred: Date Reported: Complainant: Address: City/State/Zip: Residence Phone: Business Phone: April 2017 -Aug,ust 2018 October 6, 2017 Administration 400 W Broadway Long Beach, Ca 9.0802 (562) 57·0-7343 Employee rnvolved: Administrator Thomas, Behrens #10886 Date -of Hire: February 1, 2016 Bureau -Division: Support -Jail Investigator: SUMMARY OF COMPLAINTNIOLATIONS CHARGED: ALLEG_ATION #1: The Administration alleges that on November 7, 2016, while on duty, Administrator Thomas Behrens #10886, submitted an inaccurate memo titled uJail Watch Commander -Administrative Pay", to Deputy Chief Michael .Beckman. The memo outlined duties perfomied by booki'ng sergeants as justification for administrativ,e pay but included some duties that the booking sergeants were not actuaUy performing. • CS Article VII 84 (1)-Violation of any rule • CS Article VII 84 (4) -Inexcusable Neglect of Duty • LBPD Manual: Section 3.11 -· Professional Conduct and 'Responsibilities LBPD • Manual Sectlon 3.7 -Standard of Conduct ALLEGATION #2 The Administration alleges that between April 6, 2017 and May 3, 2018, while on duty, Administrator Thomas Behrens #10886,. failed to supervise his subordinate, , work hour-s by allowing to leave 400 West Broadway approximately 116 hours and 47 minutes early prior to the end of his ten-hour scheduled shift during that time frame. • CS Article VII 84 (1) -Violation of any :Rule • CS Article VII 84 (4) -Inexcusable Neglect of Duty • LBPD Manua;I Section 3.1 -Professional Conduct & Aesponsibitities • LBPD Manual Section 3.7 -Standard of Conduct • !LBPD Manual Section 6.6.1 -Payroll Time Records & Time Cards • LBPD Manua'I Section 2.5 -:Police Commander or Administrntor FORMALIZED COMPLAINT CASE FORM-INTERNAL AFFAIRS CASE #ADM2017 .. 0051 January 28, 2019 PAGE2 AL LEGATION #3 The Administration alleges that :between April 6, 2017 and May 3, 2018, while on duty, Administrator Thomas Behrens #1:0886, failed to supervise his subordinate, productivity and performance for 12 hours of overtime per week that :he authorized to work during that time frame. • CS Article VII 84 (1) -Violation of any Rule • CS Article VII 84 (4) -Inexcusable Neglect of Duty • L.BPD Manual Section 3.1 -Professional Conduct & Responsibilities • LBPD Ma11ual Section 3.7 -Standard of Conduct • LBPD Manual Section 6.6.1 -Payroll Time Records & Time Cards • LBPD Manual Sechon 2.5 -Police Commander or Administrator ALLEGATION #4 The Administration alleges that between October .2017 and May 2018, while on duly, Administrator Thomas Behrens #10886, caused and/or allowed booking Sergeants to file inaccurate timecards and receive 1 hour of overtime pay during their 12-hour scheduled shift without actually working an hou.r of overtime. • CS Article VII 84 (1) -Violation of any Rule • CS Article VII 84 (6) -Dishonesty • LBPD Manual Section 3.1 -Professional Conduct & Aesponsibilities • LBPD Manual Section 3.3 • Truthfulness • LBPD Manual Section 6.6.1 -Payroll Time Records & T1ime Cards • LBPD Manual Section 2.5 -Police. Commander or Administrator ALLEGATION #5 The Administration alleges that on October 4, 2018, while on duty, Administrator Thomas Behrens #10886, was untruthful with Internal Affairs investigators when he stated he did not authorize booking Sergeants to receive 1-hour of overt,ime pay during their 12~hour scheduled shift without actuaUy working, an hour of overtime. • CS Article VII 84 (1) -Violation of any rule • CS Article, VI I 84 (6) -Dishonesty • LBPD Manual Section 3.1 -Professional Conduct and Responsibilities • LBPD Manual Section 3.3 • Truthfulnes.s AL'LEGATION #6, The Administration alleges that on October 4, 2018, while on duty, Administrator Thomas Behrens #10886, was untruthful with Internal AHairs investigators when he stated that he regularly communicated with before work hours via email, text, phone call during the period of time of approximately Ap.lil 2017 to May of 2018. • CS Article VII 84 (1) -Violation of any rule FORMALIZED COMPLAINT CASE FORM -·INTERNAL AFFAIRS CASE #ADM2017-0051 January 28, 2019 · PAGE3 • CS Article VII 84 (6) -Dishonesty • LBPD Manual Section 3.1 -Professional Conduct and Responsibilities • LBPD Manual Section 3.3-Truthfulness FORMALIZED COMPLA1INT CASE FOAM -INTERNAL AFFAIRS CASE #ADM201 7•0051 .January 28, 2019 PAGE 4 Revie.wed !by: Commander: _______________ Oate~--------- Recommended DisposHJon: __________________ _ 1Reviewed by: Bureau Chief: ·a&:G.fJ-!:.K' 1 Date: ~ /11 h '1 I Recommended Disposition:,,,~ .,..·v,,, ~:t. -orll,p(: Al/~aa*2.-::SVS~,~,· , 11!:pt i 1»1 'J-C>1?1tYt; IJ 11 ~ t>.1,;,;,,1 * '1'-µ()-/ s.;~;11et:1,,· II 11e; 0 uYI -s- Not ~v~n,. ;'/le.ti; Al le.,ahlM #t.,,,-Alor S~~t!.d DISPOSITION: _____ UNFOUNDED -The incident did not ocCtJr or the police at,e not involved. _____ EXONERATED -The incident occur,red, but the actions taken were justified, lawful and proper. ~L 't S NOT SUSTAINED -There is insutticient evidence to prove or disprove the allegation. dJ.,fi,t q~1fosUSTAINED -There ~s a preponder~nce of evidence to clearly prove the allegation. ______ OTHER-Prepare written explanati.on. CHIEF'S FINAL RECOMMENDED DISPOSITION; :» 15 k \ 6 ,-\ fv-oµ,. Serv,c£. Chief of Police: __ R ... -.a,.J... ----~---~--....~------- FORMALIZED COMPLAINT CASE FORM -INTERNAL AFFAIRS CASE #ADM2017 .. Q051 January 28, 2019 PAGES L--------------------------==------=i FINAL BRIEFING ATTENDANCE ROSTER: c=:· -=-----=---=--=--==-··_--.::::-=:_-· ---------=--_--=------=-------_-__ PRESENTER: L---------------------•--------------------- SKELLY: REVIEW OF CHIEF'S FINAL RECOMMENDED DISPOSITION Disposition: _____________________ _ By: __________________ Date: ____ _ Chief of Police: _______________ Date: ____ _ -----·---.-------_____ .,, CIVIL SERVICE: REVIEW OF CIVIL SERVICE'S FINAL DISPOSITION Disposition: _____________________ _ • IA History Updated By: __________ _ Date: ___ _ IA Commander's Review: ------------Date: ___ _ ! ____________________ ----------, AD NISTRATIVE COMPLAINT HIST 'Y Fll!EINUMBER . ·-•RECEIVED'DATE CASE!DISPDSITION ADM2017~051 10/06/2017 Pending SUMMARY 6) Administrator Behrens approved overtime ALLEGATION(S) FINDING Pending ACTION TAKEN Pending . 1 AD NISTRATIVE COMPLAINT HISTORY iFll!EINUMBER "RECEIVED DATE CASE'DISPOSITION ADM2017-0051 10/06/2017 Pending SUMMARY 6) Administrator Behrens approved overtime ALLEGATION(Sl FINDING Pending ACTION TAKEN Pending City of Long Beach Memorandum Working Together to Serve Date: December 28, 2018 To: Lloyd Cox, Commander, Internal Affairs Division From: , Sergeant, Internal Attairs Division Subject: EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE # AOM2017-0051 COMPLAINANT: DATE OF OCCURRENCE: EMPLOYEES INVOLVED: EMPLOYEE'S SUPERVISOR: EMPLOYEES' SUPERVISOR: EMPLOYEE'S SUPERVISOR: BACKGROUND The Administration 2017-2018 Administrator Thomas Behrens #10886 Deputy Chief Alexander Avila #5181 Administrator Thomas Behrens #10886 On October 6, 2017, the Department received an anonymous complaint alleging engaged in time card fraud. The anonymous complainant alleged was claiming three hours of overtime while not working the overtime. The complainant alleged there was questionable time card transactions that was approved by Administrator Behrens. The Internal Affairs investigation revealed assigned and guest booking sergeants submitting overtime hours while not working the overtime. ALLEGATION #1 The Administration alleges that on November 7, 2016, while on duty, Administrator Thomas Behrens #10886, submitted an inaccurate memo titled "Jail Watch Commander -Administrative Pay", to Deputy Chief Michael Beckman. The memo outlined duties performed by booking sergeants as justification for administrative pay but included some duties that the booking sergeants were not actually performing. EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 2 of 79 STATEMENTS Administrator Thomas Behrens was shown a memorandum (Addendum #13, Admin Pay-Jail Watch Commander Memo) dated November 7, 2016, that was addressed to Deputy Chief Beckman. asked if he was attempting to obtain administrative pay for the booking sergeants at that time. Administrator Behrens stated, 11Correct.11 When asked if January 25, 2017, was the time the booking sergeants took on the responsibility for signing the court overtime slips from Administrator Behrens stated, "Correct." Administrator Behrens was asked If the booking sergeants were doing that in November of 2016, Administrator Behrens stated, 11Again, I think, I think from the timeline we, we established with the other question, um, in January was when that responsibility went directly and specifically to them, prior to that, they were given that responsibility when necessary, they weren't primarily responsible for that, I would say in this, in November was doing the lion share of signing overtime slips." pointed out that obtained the jail admin position in September of 2016. asked if was doing the duties described in the memorandum or 1f the booking sergeants were doing the duties. Administrator Behrens stated, "No, so when came In, whether all these duties were. all these Court Affairs Sergeants duties were um, how do I explain this, these duties didn't take place every day, okay, but the day walked in the door and there was no Court Affairs Sergeant, all of these things could have happened on that day, there could have been problems with witnesses going to court, there could have been problems with time cards, there could have been all of these problems, um and the staff, Cindy, Arnita, would have brought it to attention, so, so the court affairs sergeant responsibilities fell on On the day that is not there, a sergeant is going to fill these assignments." When asked the outlier situation of not being there would fall onto the Booking Sergeant. Administrator Behrens stated, "Correct, and when you say outlier, you, it's not something that never happened, or could have never happened, if left, if went to training, if went on vacation, if called in sick, if was out of the office, um there's, there's, and I'm not, and I'm not trying to justify this to you, but those were things they were having to handle when wasn't in the office." asked Administrator Behrens if he wrote the memo. Administrator Behrens stated, "I don't recall, many of the memos that have my name on them, has written.u Administrator Behrens added that EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE # ADM2017-0051 December 28, 2018 Page 3 of 79 regardless of whether wrote the memo or if he wrote it, they would not move forward -unless he reads and approve everything that was in it. asked if verifying and approving the court overtime that was being worked was assigned duty in November of 2016 and not the Booking Sergeants responsibility. Administrator Behrens stated, "Correct.'' stated he was tasked with court affairs admin duties possibly in September or October of 2016. said he was required to sign the court overtime slips, handle out of compliance court overtime slips, talk with "DAs and CPs" that would call about officers' court appearances and dealt with officers not showing up to court. stated once the court affairs sergeant retired (6/16/16), the duty of signing the court overtime slips was transferred to the day booking sergeant. He said initially signed the court overtime slips, but then he had the booking sergeants take over. was asked if Jail Watch Commander duties were assigned to them In November of 2016 (Questions related to Addendum #13, 11-7-16 Admin Pay-Jail Watch Commander Memo). stated, "Correct." asked di.iring the timeframe of November of 2016, with the court affairs sergeant vacancy, were the booking sergeants responsible to work with the court affairs staff to verify and approve all court overtime worked by department members. stated, "Um, we were, the, as far as being assigned to oversee, we didn't have contact, well, at nights, so when I come in at night times the court overtime staff was gone, so I didn't have any contact with them, um, the only contact I had with them was is, like I said, when they brought in the slips to be signed, um as far as overseeing them, I didn't have any, I don't have any recollection of that.'' asked if he ever had to work as a liaison to the court notifying officers that did now show up for court. stated, "No." When asked if he ever had to work with department employees in resolving court scheduling conflicts, stated, "No." When asked if he ever liaised with District Attorneys, Public Defenders or City Attorneys, stated, "No." was asked if her duties changed due to the court affairs sergeant vacancy. stated, "Yes." She stated, "Me and rotate." said she handles most of the overtime slips. She said she compares the overtime slips to the calendar and compares them to what is in the system to see if the officer accepted their subpoena. said she also checks the hours, organizes the overtime slips by date and sends them to the booking sergeant. said the booking sergeant would review and approve the overtime slips. said she would give the overtime slips to if there was a discrepancy with the number of hours submitted or EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 4 of 79 anything that was deemed questionable. said would nonnally contact the officers to verify how many hours they were in court. stated she thought she began handling the additional court affairs duties after became the jail admin sergeant. stated that directed her to handle the additional duties. did not know if got direction for her to handle the additional duties from anybody. stated initially they were sending the court affairs overtime slips to and he was handling them. said she would organize the court overtime slips by date, and would verify the court overtime slips. said was handling the court overtime slips when he first got assigned to his position. was not sure how long handled the court overtime slips prior to the booking sergeants taking over. She said he may have handled the court overtime slips for six months but it was less than a year. asked what else did handle related to court affairs. stated, "Any issues that we have with officers not coming to court." Sh~ stated that deals with the "DA's" office. stated when was processing the court overtime slips, he would bring the entire overtime slip back to court affairs. She said they would separate the copies and they would submit the blue copy to payroll. said, "He may had done it sometimes, I, like I said, I really can't remember. I basically separate them and file them away, he may have sometimes took the blue off and just gave me the other two copies, I'm not sure but, that's basically the way it's done." said there was an IOD (injured on duty) sergeant that was assigned to court affairs for a short period of time. did not know the name of the sergeant or how long he was there. was asked if her duties had changed since working without a court affairs sergeant. stated that she does the "drop offs and pick-ups." (Going to the DA's and traffic division) said she is the backup for the processing the court overtime slips for when is on days off or on vacation. asked if she was asked to do additional court affairs duties once was assigned as the jail admin sergeant. Ms. Martinez said she began doing the "court run" all the time. stated she also assisted with the court overtime slip process. said she started doing the court run when left. She said they also took over processing EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE # ADM2017-0051 December 28, 2018 Page 5 of 79 the court overtime slips. She could not recall being given a direction to take over the tasks and they took it upon themselves to handle the additional duties. asked if handled the court overtime slips prior to the booking sergeants handling them. Ms. Martinez stated, •eves, I'm just trying to think what the process, what we were doing at that time, I'm thinking maybe he was just, you know reviewing, approving and I don't know if he sending, I think maybe he was sending them back down to us, approved and then we drop off the blue slips you know to payroll, that. that's what I recalled, I'm not a hundred percent, but that's what I recall." asked if she prepared and organized the court overtime slips during the time that was signing the court overtime slips. , "Yes." stated she recalled that once signed the overtime slips, he would return them to court affairs. She said they would submit the blue copies to payroll, file the yellow copy and send the pink slips to the officers. asked if had given her any directions for handling court overtime slips. stated only the email that was sent from Administrator Behrens advising that the booking sergeants would be handling the court overtime slips. stated, "I do remember yeah, I was just thinking to myself I he did initially start out processing all of them and then it eventually went to the booking sergeants, they were not happy about that." stated he believed he signed the court overtime slips the last year he was employed with the Department. said he was required to sign the court overtime slips after retired. said there was a short period of time that was signing the court overtime slips. stated, 'He tried to take it on, yeah, and then it was given back to us." stated I think in November, when we were into new money, and I don't know what the timing was, but I know that we had lost our Court Affairs Sergeant, that responsibility was added to uh, the booking sergeant memo, so that we can even further justify the need for admin pay. was asked if in September of 2016, was responsible for the jail administrative position and inherited the court affairs duties. stated, "Yes, I would, I would argue that he had a lot more on his plate, but I won't argue with the timeline, that sounds about right." Asked if he recalled that in October of 2016, became the acting court affairs sergeant while on a 90 day rotation, EXECUTIVE SUMMARY-INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 6 of 79 stated, "I remember coming to us on a 90 day rotation, uh, but I don't remember that he was doing court affairs, I mean it's possible, I just don(t remember that to be the case, but I do remember him coming to us for a rotation." explained there were emails saying that was to be assigned in Court Affairs taking on the court affairs duties. Asked if was in Court Affairs for the full 90 days, stated, "No, I don't remember how long he was there, I know that was a long term IOD and was every 90 days you know looking for a place to land, but uh, I don't know how long he served in that capacity." EVIDENCE: Addendum #13, 5-24-16 Admln Pay Memo for Booking Sgts • 5/24/16 Memo from Administrator Behrens to Deputy Chief Becks regarding justification for booking sergeant admin pay -memo does not include fulfilling duties of the court affairs sergeant Addendum #13, 9-16-16 Email Re Admin Pay from 5-24-16 Memo • 9/15/16 email chain between then C.O.S. Commander Hebeish, Maura Velasco and Administrator Behrens regarding 5/24/16 Admin Pay Memo Addendum #13, 9-15-16 Jail Admin Sgt Memo Email Addendum #13, 9-15-16 Jail Admin Sgt Memo • Memo from Administrator Behrens to the Jail Division advising will temporarily serve as .the Court Affairs Sergeant pending the completion of the selection process for that position Addendum #13, 10-4-16 to Behrens Email in Court Affairs 90 Days • October 4, 2016 email from to Behrens seeking approval to send an email to the Division advising would be serving as the Court Affairs Sergeant for the next 90 days. Addendum #13, 10-4-16 Email to Jail Div Re 90 day Rotation • October 4, 2016 email to Jail Division advising would be serving as the Court Affairs Sergeant for the next 90 days and to direct all court affairs related inquires to him Addendum #13, Admin Pay-Jail Watch Commander Memo (11ll/16) • 11ll/16 Memo from Administrator Behrens to Deputy Chief Beckman regarding justification for booking sergeant admin pay -memo includes fulfilling duties of the court affairs sergeant Addendum #10, 1-19-17 Email Regarding Court OT Plan Moving Forward EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# AOM2017-0051 December 28, 2018 Page 7 of 79 • Email from Administrator Behrens to regarding overtime slips and liking a plan they discussed moving forward with Addendum #101 1-25-17 Booking Sgts To Sign Court OT Email • Administrator Behrens email to Watch 2 Booking Sergeants advising he was passing signing the court overtime slips responsibility to them Addendum #10, 2-2-17 Court OT Slip Procedure Email • Email from Administrator Behrens to booking sergeants with directions for processing and approving court overtime slips Addendum #13, 5-23-18 Court Affairs History Email • email to Administrator Behrens documenting he ( initially signed the court affairs overtime slips before shifting the duty to the booking sergeants • Court Affairs Clerks Cindy Martinez and Arnita Harper were handling calls from the District Attorney's Office and City Prosecutor's Office along with calling Officers and Detectives related to court appearances ALLEGATION #2 The Admlnistration alleges that between April 6, 2017 and May 3, 2018, while on duty, Administrator Thomas Behrens #10886, failed to supervise his subordinate, , work hours by allowing to leave 400 West Broadway approximately 114 hours and 24 minutes early prior to the end of his ten-hour scheduled shift during that time frame. STATEMENTS Administrator Thomas Behrens was asked how often he had given authorization for to leave his worksite and complete his hours at different location. Administrator Behrens stated, ''That's happened in many different ways, we attend, as I said, meetings off-site, graduations off-site, jail management meetings off-site, there are numerous times that we will end the day, we will leave here and end the day, or he will leave here and end the day off-site and won't come back here and finish his day off-:site, is that what you're asking me? Yeah so it happens frequently off-site." When asked to approximate how many times that would happen in month span, Administrator Behrens stated, "I'd say, just a, just a round figure four or five times a month." Administrator Behrens was asked if would notify him the same day or the next day when leaving early. Administrator Behrens stated, "Generally he would let me know before he, before he does, if he's coming, he got to come in a few minutes later, he'd let me know the day before, generally the day of, if he needs to leave, leave early." asked how often would tell him that he would be leaving early for the day. Administrator Behrens stated, "I feel confident that uh, EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 8 of 79 that he tells me either through a text, through an email or through a conversation, I feel comfortable that I'm, that I'm pretty much aware whenever he's leaving early, we meet whenever we're both In the office, uh we always meet every day that both of us are in the office, we will meet and status on projects that we have going on, at that time he will let me know, 'hey I'm going to, or I've got something going on, um, I'm going to leave a few minutes early', or he will as I said we, text, tiger text, email, regularly, so we're always in communication, so I feel very comfortable that I am aware of his comings and goings." asked if had conversations with him about . Administrator Behrens stated, "We have, we have, as I said we meet every day, I'm, I'm very aware of the , many of them because of, um how dedicated he is to his job, he um, I have to, I have to slow him down, I have to remind him to um, to, to work less, um and um, , and we've had those discussions, yes." When asked if he knew when it got brought to his attention, Administrator Behrens stated, "No." When asked if it was in the last year, or last two years, Administrator Behrens stated, "I couldn't uh, I couldn't say.11 asked how often he had brought it to his attention. Administrator Behrens stated, "Brought it to my attention is a, a, we talk and I wouldn't consider it bringing it to my attention, but I am aware of about um, working, specifically, uh1 since he started working for me, it was not the same when he was working patrol1 it's a different assignment and he feels much more, um, takes much more ownership to what goes on in our division." asked if the conversations were brought to him as a friend or a supervisor. Administrator Behrens stated, "The conversations were um, were as a friend.n asked if there was ever a discussion about working from home because of Administrator Behrens stated, "No discussions specifically about that, that I recall." asked if he knew where was working from when working from a remote location. Administrator Behrens stated, "My, my thought was that most of it was probably being done from home, but I, but we never discussed where else he would do that work from. I know that in my own personal career sometimes I will do work from, away from the office, and away from home because that can work really well sometimes also." explained from April 2, 2018 to May 3, 2018, worked 17 scheduled shifts and he left (supported by video and AWID) twenty-four hours and forty-five minutes early. time cards did not reflect that he left early, and he also submitted three hours of overtime for the dates. read some of the dates he left early: EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 9 of 79 • April 2, 2018 -1 :15 early • April 3, 2018 -49 minutes early (had 2 scheduled hours and 8 sick leave) • April 4, 2018 - 1 :42 early • April 5, 2018 -4:23 early • April 9, 2018 - 1 :09 early asked if he was aware was leaving early all the time. Administrator Behrens stated, "1 don't think he was leaving early all the time, I think um, he was leaving early from time to time, um, when you say leaving early, um, on the days that he was working overtime, I don't doubt that he was leaving early and doing, doing remote work away from the building and I think I've discussed that uh, that I was, that I was okay with that. So just because he's leaving the building doesn't mean that he's not, he's not working anymore, I can't comment as to where he was going specifically on those dates, whether he had meetings offsite, whether he had other responsibilities for the jail division that he was doing offsite." continued going through some of the dates he left early: • April 12, 2018 -1 :31 early • April 17, 2018-1:11 early • April 18, 2018 -2:39 early • April 23, 2018-8 minutes early • April 24, 2018-1:17 early • April 251 2018 - 1 :58 early • April 26, 2018-43 minutes early • April 30, 2018 -1 :02 early • May 2, 2018 -39 minutes early • May 3, 2018 -3:47 early asked if he was aware that in the month of April there were quite a few of consecutive days that he left before his ten hours shift. asked if this came to a surprise to him, since earlier he stated that was typically at work for his ten-hour shift. Administrator Behrens stated, "Again, because he leaves the building doesn't mean that he stopped working, I can't comment which days he had work that he, he had meetings, he had offsite responsibilities, um, or, or where he was, was working offsite from his computer, from his telephone, I can't comment on, on what he was doing on all of those occasions, um, all I can say is that as I have said from the beginning, I'm completely comfortable with the amount of work that he has done, the amount of overtime that he has signed in for. I feel like he is, he has worked all that time and produced um, more than, more than expected and um, these, these dates and times as I, as I mentioned we meet daily um, and I don't think for a second that he is, he is leaving early without my knowledge um, I can't, I can't comment on every EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 10 of 79 specific date, but when he needed to leave early from time to time, he would, he would let me know. Other times um, there was still work to be done after the hours he left the building, I'm confident." asked if this was the first time of hearing about all the described dates of him leaving early and if he recalled telling him he was leaving early for nearly every shift during the month of April. Administrator Behrens stated, uNo we, we didn't have that conversation." explained that was gathering that he did not authorize him on every day to leave early. explained leaving early that many times in one month· would stick out in one's mind. Administrator Behrens stated, 'When you talk about leaving early, again the assumption ls that he's not working anymore, so if he was going to leave the building early and he was going to and work at home, we wouldn't, we wouldn't necessarily have that conversation, I wouldn't expect him to tell me, 'Hey I'm going to leave an hour early and then I'm going to work from home', I didn't need that from him." asked if could leave work without telling him. Administrator Behrens stated, 111 don't require him to tell me every time he's coming and going somewhere if that answers your question. He does inform where he's, when he's coming and going. Does he, do I require that of him, no I don't. But as I said we meet every day, we have these conversations." asked if he had a recollection of advising him he was leaving early on all the dates discussed in the month of April. Administrator Behrens stated, "That he was leaving early every single day." When asked all the dates that were discussed, Administrator Behrens stated, "And again I disagree with the term leaving early." clarified by meaning early means leaving 400 West Broadway prior to his scheduled hours being completed. Administrator Behrens stated, "Yeah, I don't, I don't specifically remember having conversations every day that you have documented here about that, but I do know that he had things that he was doing offsite during those timeframes, I can't be specific as what." showed Administrator Behrens a spreadsheet from the laptop computer that documented dates from April 4, 2017 through March 28, 2018, that left work early. advised Administrator Behrens that the highlighted lines were the dates that left early. explained an over thirty-minute threshold was used when calculating the dates left early. advised Administrator Behrens that left 106 hours early, not including the dates supported by video. Administrator Behrens stated, 111'11 just say what I've said before, there are many reasons that he would leave the building and not return. I, I couldn't specify, specify dates from a year ago and numbers of hours some of those, some of those dates he was gone four or five hours, I, I would be EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 11 of 79 comfortable saying if he needed to leave that early we would, we would have discussed it and I would have approved it or he was going somewhere else to do jail business somewhere else offsite." When asked if that was because of the trust he has in him, Administrator Behrens stated, 11Absolutely." Administrator Behrens stated that is an and works in an administrative position as his Compliance Officer in the jail. asked what a Compliance Officer is. Administrator Behrens stated, "She works with all my policles, policy updates, standard operating procedure updates, we have a training schedule, a briefing training schedule that she takes care of, anything new as far as, she just came back from a new, from another Title 15 class where she'll, she'll go to these classes and she'll come back with any changes to Title 15, which is what governs jail and then basically takes care of any changes that need to, need to take place.11 Administrator Behrens stated she has held the Compliance Officer position for approximately ten months Commander Cox asked what role and responsibility was related to policy. Administrator Behrens stated, "What I just explained, she'll go to classes, attend meetings, um, we meet with Board of Corrections officials fairly regularly, they'll give us changes that we need to make in the jail, I'll give that assignment to she'll research it, find out what exactly we need to do, take a look at our policy, find out how it matches up, all things related to that. She1s the person that when I, when I find that something needs to be changed, I'll pass it on to her, she'll do ail the leg work, come up with best practices as we discussed, from the region, from the area, what everybody else is doing and then we'll consult and draft new policy." Commander Cox ask how much of time was spent doing secretarial duties versus compliance officer duties. Administrator Behrens stated on a weekly basis spends ten to fifteen percent of her time helping with the secretary position, and the rest of her time was spent inside the jail doing her job as the compliance officer. Administrator Behrens stated, 11 .. ,but as far as the compliance pieces, and um any kind of policy pieces, it generally will start from me, or from we will discuss it and then I'll push it down from him, through him to her and then she'll research it, bring it back to him and then he and I will discuss it." asked if he has delegate some of the tasks to related to policy, procedure and best practices. Administrator Behrens stated, "Yes." EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# AOM2017-0051 December 28, 2018 Page 12 of 79 Commander Cox advised that he said that was doing research for policy and procedures. Commander Cox reminded Administrator Behrens that in the beginning of the interview he talked about doing that. When asked what the role difference was between and , Administrator Behrens stated, 11 is an , her, her ability to put together policies and research policies is limited, um I have her in the position, she's, she's not, she's not sworn, she's not, you know, I'm not going to have her write a policy. She researches, she discusses um, she does many other things other than write policies, that's not what, that's not her sole responsibility, um is a he's a Police Officer, he's more, he's more qualified to do it, I rely on him more than I do asked if it was accurate that , as the compliance officer,. would do the research and work for policy and procedures, but not necessarily writing the policy and procedures. Administr~tor Behrens stated, 1'That's part of her responsibility." When asked what she would do with the received information related to policy and procedures, Administrator Behrens stated, "Those are discussions she would have with but to imply that is doing all the research and policies, and is not, is not accurate." Commander Cox pointed out in the beginning he talked about doing research for policies. Administrator Behrens stated, 111 talked about her, some of her responsibilities and again, let me go back to she's working two jobs, she's helping with my secretary and it's nothing that, that, that uh, falls on her. I've had numerous secretaries that have fallen out of background and find mys·elf without somebody doing that job for a long period of time and is, again thankfully willing to do that job, but she has many hats that she wears within my division, writing policies is, is the hat that she's not wearing very often." was asked if Administrator Behrens ever asked him what work he was doing when leaving early. stated, "I don't recall him having specific conversations about it, you know, what specifically did you do at home, no J don't, I don't recall that." asked if leaving early was something recent or if he had been doing it for years. stated, "It's been more, more of a recent thing." asked when he had the conversation with Administrator Behrens about and the need to work from home. , "Probably early 2018 perhaps, or early to, you know, first couple months of 2018 at some point, I think." showed the spreadsheet via the laptop computer. asked if he was fine with that. stated, "That's fine." asked to review the dates that were highlighted. explained the highlighted dates encompassed dates he left work more than thirty minutes early. EXECUTIVE SUMMARY-INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 13 of 79 After reviewing the spreadsheet stated, "I don't have any specific independent recollection as to, why I would have left on any of those particular days." Sergeant Fernandez asked if there were different reasons why he would be leaving early. stated, "I mean, it's, there is a possibility that I had a meeting offsite, um, I, I, I'm thinking here that the majority of this is related to that I had identified and a you know, a, a, a, need to or a desire to, to be home and still complete the work." stated, "Administrator Behrens instructed me that if I needed to leave early for some sort of , that the nature of my job was administrative and 1f there was work that I can· do at home in order to accomplish the, uh, the, the ten hours of schedule and anything, you know necessary beyond that then it was okay for me to do it and I just kept him in the loop as far as what I was doing." asked if he told Administrator Behrens every time he left early. stated, "I would leave early and tell him the next status meeting that we had or the next phone call, that, that I ended up talking to him about, but I would make sure that I, that I told him, we, as I mentioned earlier um, I status with him dam near every day." explained that his AWID for April 6, 2017, it showed him getting to work at 0553 hours and left the Chestnut parking structure at 1335 hours, leaving two hours and eighteen minutes early. asked if there was any reason for leaving early. stated, "Nothing specific comes to mind, unless I got the timeframe wrong, when Administrator Behrens, I, I, I'm so confused and wrapped around the axel right now, um, unless I got the timefr'ame wrong, and, and, it was, it was, early to mid-seventeen. What date are we talking about here, I'm sorry?" was asked if Administrator Behrens told him that would leave work two to three hours early frequently, along with getting paid three hours of overtime on days he was leaving early. stated, "No." asked regarding leaving two to three hours early, would it be his intention given there are issues within the jail division that the jail admin sergeant be on site for their entire shift based on the issues within the jail division, versus working from home. stated, "Uh, it would be, yeah it would be my expectation that the sergeant would be at work during business hours, then again there might be some flexing involved." gave the example of coming in early to meet with the graveyard staff and leaving earlier than normal or coming in later to "catch" a later shift. stated, "It would be my expectation that, where at all possible that you be readily available to the division's needs and to the people's needs with the understanding that there might some things that scheduling and flex wise that would require you or compel you EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 14 of 79 not to be at the workplace, especially if you are home taking after hours phone calls and things of this nature." asked if he ever approved Administrator Behrens to authorize to leave prior to his scheduled 12-hour shift (erroneously said 12 hours instead of 10 hours shift) to work from home. stated, "That wasn't something that I was uh, that wouldn't be a decision that I would be involved In, whether he could send his sergeant home early or not, that would be something I would expect him to manage/ asked if Administrator Behrens told him what work was doing from home on straight time and or on overtime. stated, "No, I don't recall uh, any specific things, but I can sunnise what they might be." stated he recalled a time that wrote lengthy a Letter of Transmittal. stated, "I want to say he had to go home to, to, to write that L~tter of Transmittal." stated, 11lt wouldn't surprise me at all that he was working on the jail manual and policies and things of this nature at home.11 EVIDENCE: examined Outlook event calendar (Addendum #6, Outlook Calendar) from April 5, 2017 -May 3, 2018. compared dates that left early or did not have AWi activity on dates he submitted scheduled hours and court affairs overtime. discovered that: • 4/14/17 No AWID -Calendar showed "SDRTC Class" from 0800-1700 hours in San Diego and 0900-1100 hours CORE graduation at East Los Angeles College • 5/25/17 No AWID -Calendar showed AOTC from 0700 to 1700 hours at CSULB • 7/07/17 AWID 0708 -1147 hours -Calendar showed CORE Graduation at Biscai/uz Center Academy 1060 N. Eastern Ave L.A. from 0900 -1100 hours • 7/19/17 A WID 0605 -1044 hours -Calendar showed all day OCSD lunch • 8/17/17 A WID 0628 -1004 hours -Calendar showed jail manager meeting 207 N. Garfield, Pasadena from 1100-1500 hours • 9/26117 AWID 0643 -1050 hours ( used 5 hours holiday) -Calendar showed Lt. Tactical and Oral from 0800-1100 hours (left 53 minutes early) • 11/16/17 No AWID -Calendar showed jail manager meeting at Anaheim PD 1100 -1500 hours EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 15 of 79 • 1/10/18 AWID 0557-1340 hours -Calendar showed AR-15 qualification in Westminster from 1430 -1600 • 2/15/18 No AWID -Calendar showed jail manager meeting Arcadia PD from 1100 -1500 hours • 2/21/18 No AWID-Calendar showed "busy' from 0530-0930 hours and Huntington Beach interviews from 0930 -1530 hours • 3/9/18 No AWID -Calendar showed CORE graduation at Biscailuz Center Academy from 1000 -1200 hours • 4/11/18 No AWID -Calendar showed training in Santa Ana from 0900 - 1600 hours and Beach Cities Investigator Meeting at North Police Sub Station from 1000 -1100 hours Addendum #9, Jail Quarterly Meeting Schedule 2017 Email • February 2017 email with 2017 quarterly meeting schedule sent to Administrator Behrens. • Thursday, February 16, 2017 at Pasadena PD • Thursday, May 18, 2017 at Gardena PD • Thursday, August 17, 2017 at Santa Monica PD • Thursday, November 16, 2017 at Anaheim PD ALLEGATION #3 The Administration alleges that between April 61 2017 and May 3, 2018, while on duty, Administrator Thomas Behrens #10886, failed to supervise his subordinate, productivity and perfonnance for 12 hours of overtime per week that he authorized to work during that time frame. STATEMENTS. Administrator Thomas Behrens was asked how he arrived at the twelve hours of overtime. Administrator Behrens stated, ''That was where I came up with the number is that 12 hours would be a good amount of time to accomplish the workload that uh, that he needed to accomplish on a weekly basis." asked if prior to receiving the twelve hours of overtime, was he working twelve hours extra every single week to complete both jobs. Administrator Behrens stated, uNo." asked if had the discretion on how he would allocate the twelve hours of overtime. Administrator Behrens stated, "Yes." When EXECUTIVE SUMMARY-INTERNAL AFFAIRS CASE# ADM2017-0051 December 281 2018 Page 16 of 79 asked if that was a discussion the two of them had, Administrator Behrens stated, 0 Yes.11 explained was submitting three hours a day. Administrator Behrens stated, "Correct, but I have explained to you is that our understanding was that he would work twelve hours a week, so he signed in, he signed in for three hours a day, but he didn't do three hours of work every day, some of that work was done, it might have been four hours one day, two hours on the next, might have been six hours on Saturday, four hours on Sunday." When asked how he would know that, Administrator Behrens stated, "I was the one who gave him the work and I was the one who received the work." asked how often would provide him with work done from home. Administrator Behrens stated, 11I couldn't put a number on it, because it's, again those 12 hours became part of his work week and so, to, to split what was done at home and what was done at work, that would be a guess." explained that emails had been examined and most of the emails were being sent during his shift. Commander Cox summarized by advising we have the Word Documents, the emails are minimal, and the phone calls according to were minimal during the overtime period. Commander Cox advised we were trying to make sure we have a complete picture of what was doing during the 12 hours a week. added that the crypto card activity and signing into the court affairs system were also .minimal. Commander Cox asked if what was sharing with him gave him complete picture from him. Administrator Behrens stated, 11S0 my response to that is similar to what I said, to try and quantify somebody's work just by looking at their computer, just by looking at their email, or how many times they've logged into something, um, is not accurate." asked if he knew whether was completing the work during his scheduled hours and giving it to him as work being completed during overtime hours. Administrator Behrens stated, 11No, I believe that some of it was done during scheduled hours and I believe that some of it was done during overtime hours, and as I, as I stated before, I'm comfortable with the amount of workload that he, that he produces with the twelve hours of overtime a week." asked if there was any reason could not had performed the twelve hours of overtime from work. Administrator Behrens stated, 'Was there any reason he couldn't perform it for work." When asked from work, Administrator Behrens stated, "He could have, I didn't require it from him." Administrator Behrens stated he did not know if there were times that completed the twelve hours of overtime from work. EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 17 of 79 When asked how he knew he was spending hours doing court affairs work during his shift1 Administrator Behrens stated1 "Because I understand what it takes to run the court affairs office." asked if it was just what his understanding or was telling him that he was working so many hours on court affairs duties. Administrator Behrens stated, "Just my understanding." asked if would ever come to him and tell him how many hours he was working on court affairs. Administrator Behrens stated, "Nope." When asked if he ever asked him, Administrator Behrens stated, 11For specific hours, no, but I was aware of the workload in court affairs." asked if he ever had a conversation with about decreasing the amount of overtime hours. Administrator Behrens asked, 'Where I instructed him to decrease the hours." asked if there was period when work related to court affairs calmed down and the necessity for the twelve hours was not needed. Administrator Behrens stated, "No the necessity has, has never changed, if there's fluctuation in his time cards, his schedule could have changed where he didn't have the ability to work those hours, but the workload has never, has never decreased." asked if he ever did any audits to verify if was working twelve hours a week. Administrator Behrens stated, ''The audit was me, I received the work. so there was no, there was no need for me to audit anything other than the work that I received from it, that was the audit." asked if ever asked him how long it took him to do a memo. Administrator Behrens stated, "No." asked if he ever asked him how long it took him to research a topic. Administrator Behrens stated, "No." Commander Cox asked if he issues projects to Administrator Behrens stated, "No." Commander Cox asked if he was keeping a list, issuing projects to keep a track record based on him saying his role being brought in was to fix things and make changes. When asked if there was nothing, Administrator Behrens stated, "No." Administrator Behrens stated that is an and works in an administrative position as his Compliance Officer in the jail. asked what a Compliance Officer is. Administrator Behrens stated; "She works with all my policies, policy updates, standard operating procedure updates, we have a training schedule, a briefing training schedule that she takes care of, anything new as far as, she just came back from a new, from another Title 15 class where she'll, she'll go to these classes and she'll come back with any changes to Title 15, which is what governs jail and then basically takes care of any changes that need to, need to take place." Administrator Behrens stated she has held the Compliance Officer position for approximately ten months stated in her Internal Affairs interview she has held the Compliance Officer position since September 2017). EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 18 of 79 Commander Cox asked what role and responsibility was related to policy. Administrator Behrens stated, 'What I just explained, she'll go to classes, attend meetings, um, we meet with Board of Corrections officials fairly regularly, they'll give us changes that we need to make in the jail, I'll give that assignment to she'll research it, find out what exactly we need to do, take a look at our policy, find out how it matches up, all things related to that. She's the person that when I, when I find that something needs to be changed, I'll pass it on to her, she'll do all the leg work, come up with best practices as we discussed, from the region. from the area. what everybody else is doing and then we'll consult and draft new policy." Commander Cox ask how much of time was spent doing secretarial duties versus compliance officer duties. Administrator Behrens stated on a weekly basis spends ten to fifteen percent of her time helping with the secretary position, and the rest of her time was spent inside the jail doing her job as the compliance officer. Administrator Behrens stated, " .•. but as far as the compliance pieces, and um any kind of policy pieces, it generally will start from me, or from we will discuss it and then I'll push it down from him, through him to her and then she'll research it, bring it back to him and then he and ! will discuss it." asked if he has delegate some of the tasks to related to policy, procedure and best practices. Administrator Behrens stated1 "Yes." Commander Cox advised that he said that was doing research for policy and procedures. Commander Cox reminded Administrator Behrens that in the beginning of the interview he talked about doing that. When asked what the role difference was between and , Administrator Behrens stated, " is an her, her ability to put together policies and rese:/lrch policies is limited, um I have her in the position, she's, she's not, she's not sworn, she's not, you know, I'm not going to have her write a policy. She researches, she discusses um, she does many other things other than write policies, that's not what, that's not her sole responsibility. um is a he's a Police Officer, he's more, he's more qualified to do it, I rely on him more than I do asked if it was accurate that , as the compliance officer, would do the research and work for policy and procedures, but not necessarily writing the policy and procedures. Administrator Behrens stated, "That's part of her responsibility." When asked what she would do with the received information related to policy and procedures, Administrator Behrens stated, "Those are discussions she would have with but to imply that is EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 19 of 79 doing all the research and policies, and is not, is not accurate." Commander Cox pointed out in the beginning he talked about doing research for policies. Administrator Behrens stated, "I talked about her, some of her responsibilities and again, let me go back to , she's working two jobs, she's helping with my secretary and it's nothing that, that, that uh, falls on her. I've had numerous secretaries that have fallen out of background and find myself without somebody doing that job for a long period of time and is, again thankfully willing to do that job, but she has many hats that she wears within my division, writing policies is, is the hat that she's not wearing very often." stated most of the time he was working the twelve hours a week of overtime from home. asked if he was working court affairs hours for the 12 hours a week and approximate year that he did it. stated, 11As I mentioned earlier, not necessarily, the vast majority of the time, the answer is no." asked how he would be able to account th~ time he was working from home since it was not being correctly documented on his time cards. stated, "If it's an email, then it's just the time that I'm sending the email, so a timestamp on something like that, or just the volume of, or just the work that I am generating, you know whether it's a memo, or some research into some issue, or compiling some sort of information." asked how often he was creating memos during the times he was receiving court affairs admin overtime. stated, "Um, fair majority of that time, that's, that's mostly what I, what I do, in my admin duties, especially early on here in the jail was related to policy and procedure." asked if he had copies of all the memos he wrote and developed. stated, "I do.11 stated he had the memos stored on the computer. asked if he was ever required to advise Administrator Behrens or any other supervisor of the work he did from the remote location. stated, "Advise them of the work that I was doing, as far as what specifically I was working on, uh, no." asked if Administrator Behrens checked in with him to find out what overtime work he was doing. said they would discuss it during their daily status meetings. said, 'We would discuss what I have been, what I had been working on, what I am working on, um, other things we'd discuss in our status meetings are the status of, of uh, you know memos or projects or policy issues that are waiting approval, whether it's his approval or the deputy chief, or, or Chief Luna, um or he would uh then, you know return some of my work to me and say do some more work related to this, find out best practices from other agencies, things like that." said the. majority of the remote work was done from his residence. EXECUTIVE SUMMARY-INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 20 of 79 asked what type of jail related work he would do from his laptop. stated, "Policy research, best practices, memos, draft memos, urn revising memos as instructed by Administrator Behrens, things of that nature." asked if what he described was done from the remote location on the laptop. stated, "Yes." asked if the majority of the work he did from home via the Department laptop was for jail related duties. stated, "Yes." asked how often he used his laptop at home. stated, "Perhaps a couple of times a week, certainly uh, you know the vast majority of it during the month, for the, for the overtime, that, or the remote time that I'm working." stated he has the documents he spoke about in a folder an his computer. asked if he would be able to log onto the computer, so could get them. stated, "Sure." asked If the documents were on his workstation or tablet. stated, "I don't have a work station, I only have a tablet.'' asked if his need for court affairs overtime went down. stated, "No, because I'm still doing jail related work after hours." Sergeant Fernandez asked if the reason he was doing the jail related work after hours was because he was doing court affairs work during his ten hours. stated, "That's correct." Sergeant Fernandez asked if that would reduce the amount of overtime hours required to perform the jail duties. stated, "Not necessarily, because now I can perform more jail related duties, so the workload increases." asked if he ever discussed with Administrator Behrens that his workload related to court affairs decreased and he did not need that much overtime for court affairs related duties. stated, "I had a discussion with him that it has decreased because he was tracking compliance rates because it was such a big problem initially, um but I never had a discussion with him about the overtime because I continued doing the work, it just focused even more on jail related duties." said he was doing less court affairs related work and might had taken a phone call or dealt with an email. asked if working from home was . stated, "Yes.11 asked how long that arrangement was supposed to last. stated, "There was, there was no end date placed on it that I recall ever discussing or being told." asked if Administrator Behrens ever followed up with hlm to find out if , so he could start doing the job from work. said that Administrator Behrens did ask if . stated, "He did discuss with me , so he verified that being able to, to work from home was helpful, um, which it was, um, uh, but I don't recall ever having a conversation with him about well can you start doing the work here now, I don't recall that ever coming up.'' EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 21 of 79 said he is responsible for completing the deficient slips and memorandum. asked how long it would take him to complete a deficiently notice. stated, "A couple of minutes." asked on average how many deficiency notices would he send out in a day in 2017. stated, "In 2017 how many, say somewhere between five and ten I guess." asked for 2018. stated, "Now I'm kind of down to five or less." stated as officer compliance went up, the need to send out notice of deficiencies went down. confirmed he wrote In the email that he was initially not only completing the deficiency notices, but all the daily slips as well, stating, "Yes, when I initially started doing the Court Affairs duties, I was signing the daily slips. Not just the deficiency, all of, all of it." Asked to confirm he said that could take as much as two hours per day, said, "It could, yes.1' was asked how long, on average, those duties required, and he replied, "To do the whole thing? Hour, hour and a half. Sometimes more, sometimes less." was asked if he was aware that was allotted 12 hours a week, 3 hours a day of overtime for duties related to the jail division, stated, 11No that number Is not coming to my mind, I recall a Monday, Wednesday, Friday discussion, but as far as hours or allotted hours, that's not something that I remember." asked if he ever approved to work 12 hours a week from home. stated, 111 don't recall specifically, uh, saying uh, or acknowledging that he would be working from home frequently or routinely, but I did say that if any work was to be performed at home, or needed to be performed at home that it Was to be compensated. n Asked if Administrator Behrens and he ever had a follow-up meeting on how effective the overtime hours were working or not working, stated, "Again we met weekly, and so, usually our conversations included not only things that needed to be fixed or repaired or improved in the jail division as a whole, but also our successes and there were a lot of them, and uh, so those all would be discussed, if Tom Behrens came up to me and said, 'I had to use you know, 20 hours of overtime this week to accomplish certain tasks,' I wouldn't bat an eye.n stated, "I trusted Tom to come to me, that when overtime was used to let me know, hey this is the overtime that we used, or that a, a, some usage of overtime was gonna be necessary to accomplish some tasks, he's the commander, I didn't question it. Not that I didn't keep an eye on it because we discussed budget and overtime uh, almost every week with the Chief of Police, so it wasn't something that I turned a blind eye to, I monitored it and when it would EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE # ADM2017-0051 December 281 2018 Page 22 of 79 come up, I would deem it necessary uh, and support Tom in the use of that overtime." asked if Administrator Behrens told him what work was doing from home on straight time and or on overtime. stated, "No, I don't recall uh, any specific things, but I can surmise what they might be." stated he recalled a time that wrote lengthy a Letter of Transmittal. stated, "I want to say he had to go home to, to, to write that Letter of Transmittal." stated, 11lt wouldn't surprise me at all that he was working on the jail manual and policies and things of this nature at home." EVIDENCE: examined files from work tablet. discovered there was a folder titled 11Jail Local" that housed 25 subfolders. Within the 25 subfolders, there were additional subfolders. examined all the word documents ( Word Docs) that were withi11 the April 4, 2017 to May 3, 2018 date range. examined the metadata within the Word documents that displayed how much editing time was spent in each Word document. • Total of 91 Word Documents • 3 Word documents created outside of scheduled hours, totaling an hour and 45 minutes • 88 Word documents were created during scheduled hours • 49 Word documents were created and finished during scheduled hours, totaling 37 hours and 12 minutes • 39 Word documents were created during scheduled hours and finished during a later date and time, totaling 43 hours • Total of 81 hours and 57 minutes spent on the 91 Word documents Addendum #9, Jail Quarterly Meeting Schedule 2017 Email • February 2017 email with 2017 quarterly meeting schedule sent to Administrator Behrens. • Thursday, February 16, 2017 at Pasadena PD • Thursday, May 18, 2017 at Gardena PD • Thursday, August 17, 2017 at Santa Monica PD • Thursday, November 16, 2017 at Anaheim PD EXECUTIVE SUMMARY --INTERNAL AFFAIRS CASE # ADM2017-0051 December 28, 2018 Page 23 of 79 ALLEGATION #4 The Administration alleges that between October 2017 and May 2018, while on duty, Administrator Thomas Behrens #10886, caused and/or allowed booking Sergeants to file inaccurate time cards and receive 1 hour of overtime pay during their 12-hour scheduled shift without actually working an hour of overtime. STATEMENTS Admihistrator Thomas Behrens was asked if January 25, 2017, was the time the booking sergeants took on the responsibility for signing the court overtime slips from Administrator Behrens stated, "Correct." asked if he discussed the one hour of overtime from the April 24, 2017 email with Deputy Chief Beckman. Administrator Behrens stated, "I didn't discuss this directly with him, no." asked if the authorization for the one hour of overtime from the October 20, 2017 email came from him. Administrator Behrens stated, uAuthorization for the one hour of overtime, yes." Administrator Behrens stated, "DC Beckman and I never specially discussed an hour of overtime." asked, was it ever addressed if it did not take an hour to complete the court overtime slips. pointed out the email stated they would be compensated one hour, and the email did not state up to one hour. asked how the booking sergeant would know they would not be compensated one hour of overtime if it took them a half hour to complete the job. Administrator Behrens stated, "It was never specified that you would only sign in for the amount of time you worked over, it was never specified in that detail, I believe there are other emails where it says, literally it says up to one hour, I think there's another email that talks about that, um that's more descriptive of, than this one is, but there's no, there's no expectation that anyone would be paid for any more than the overtime they worked." asked if he was aware of any guest sergeants that received overtime to sign the court overtime slips. Administrator Behrens stated, "I know that there were, I don't know who they would be." asked if he ever told anybody within the discussions that they could receive an hour of overtime if they signed the court overtime slips even if they did not stay past their scheduled hours. Administrator Behrens stated, "No." showed Administrator Behrens an email (Addendum #14, 11- 2-17 Debbie to Tom Court OT Re Working extra Hour for court duty) in which Debbie asked him a clarifying question regarding the one hour of overtime for signing the court overtime slips. explained the email explained the duties described in the October 23, 2017 email. Administrator Behrens stated1 EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# ADM2017-0051 December 281 2018 Page 24 of 79 "Okay, so this is Paula (Gallegos) forwarding my email to Debbie and Debbie asking that same question.n asked if he provided any further clarification to anybody else related to the one hour of overtime. Administrator Behrens stated, "I don't recall conversations other than um, with, with about it, um like I said I can't, I can't um, speak as to whether he clarified it with other people." asked if he recalled having any conversation with where she said she did not think it was right, legal or something to that effect to receive overtime without having to work it. Administrator Behrens stated, "I never told anybody that they would get overtime for not working overtime, so I don't recall having that conversation with asked if asked him what pay code was to use when signing the court overtime slips. Administrator Behrens stated, "I don't remember having that conversation with I, I'm, I thought everyone was using the court affairs index code, again I said, as I said earlier, I didn't check to make sure." asked how they would know to use the court affairs index code because it was not written. Administrator Behrens stated, 111 don't know that it's written anywhere1 um, I did not have those specific conversations with anyone1 I imagine would have had those conversations with them." When asked if would have told them on his own to use the court affairs index code, Administrator Behrens stated, "No, but had thorough understanding of what I wanted to do, that I was using the court affairs code to pay for court affairs work, um, he understood perfectly, we spoke on it to the point that he understood it perfectly. asked if he ever told any booking sergeants to use the court affairs index code. Administrator Behrens stated, "No.11 asked if told him that called him for clarification due to having and not being able to stay late to sign the court overtime slips. Administrator Behrens stated, "I don't remember that conversation.11 When asked if ever came to him related to and not being able to stay late to sign the court overtime slips, Administrator Behrens stated, "I've spoken to about 1 but I don't remember anything about related specifically to court affairs overtime slips." explained that from October 26, 2017 through May 1 'f, 2018, submitted one hour of overtime approximately 70 times for signing the court overtime slips. explained that he (Administrator Behrens) had signed cards multiple times. asked if he ever noticed that never documented the overtime hours on the back of his time cards. Administrator Behrens stated, "I don't recall." asked if he was aware that the overtime hours worked EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 25 of 79 should be documented on the back of the time card. Administrator Behrens stated, "I'm familiar with that, I don't, quite honestly I don't sign my booking sergeants' time cards all the time, I do, generally will sign them, sometimes other booking sergeants will sign them, generally when it comes to me, if it gets to me, nobody else signs them, so I don't do it that often.n explained there quite a few of time cards that he signed that had the hour of overtime without any overtime hour parameters listed on the back. When asked if it was something that he never noticed, Administrator Behrens stated, "Correct." asked if he ever conducted any audits on the sergeants that were receiving overtime to sign the court overtime to verify if the hour of overtime was necessary or being worked. Administrator Behrens stated, "I did not.'' When asked if there was any reason why, Administrator Behrens stated, "No, I didn't feel the need." asked if ever discussed conducting audits related to the hour of overtime. Administrator Behrens stated, "No." was asked other than and Administrator Behrens, did anybody else on the Department give him direction to take overtime to sign the overtime slips or if he talked to other booking sergeants. said he had a discussion with and about the subject. Sergeant Fernandez asked what the discussion was about. stated, "Um, I don't really remember, I just remember telling me that I, it doesn't, I wasn't going to do it, that's just what basically what it came down to." asked what he meant by he was not going to do it. said he was not going to put in for the hour like stated in the email. asked if he talked with any other booking sergeants about signing the court overtime slips. stated he talked with and said he did not know what they had to say. He said he talked with them when the email came out (10/23/17). stated, "Urn I just told them like I said, I remember telling them, I, I'm not comfortable doing it so I'm not going to do it." Sergeant Fernandez asked why he felt uncomfortable. stated, "Uh, well I mean if I could fit it in my twelve-hour day, I don't see why I would put iri an extra hour of overtime, if I'm fitting it on my day. If I was not going to fit it in my day and I needed to do it before I left then I would put in for it because I'm staying over, but I'm not staying over, I'm not putting in." was asked if anybody discussed that there was overtime available to sign the court overtime slips. stated that had told her. She said that one day called her and referenced that the booking sergeant would receive an extra hour of overtime for signing the overtime slips. said, "How can you do that if you do it during your twelve hours, it didn't make sense to me, that's, and then I remember EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 26 of 79 calling uh, and asking him. He said that was an agreement that Behrens have had previously to get the day shift sergeants to do it/' said she did not look into it any further and said, ult that's their arrangement that's on them." said she signed the court overtime slips during her scheduled shift. She said she did not feel there was a way to justify overtime beyond the twelve hours. asked if she thought the hour of overtime was available if they wanted it, based on the conversation with stated, urhat's what I would have gotten from it, our conversation, yes." stated, 11Based on our conversation, I would get paid for that hour of overtime within that twelve-hour period I was working, but in my mind, if you didn't work before your shift or after your shift you wouldn't get that overtime." stated if she did not work the overtime she would not put in for it. stated, 111 have a conscious." stated she was offered an hour of overtime during her 12-hour booking Sergeant shift. Lieutenant Lance clarified; "You are going to work your 12-hours straight time, only work the 12-hours, do the court overtime slips during that 12 hours, and put in for an hour of overtime." said, 11Correct1 which I declined to do." indicated she declined to do this because she believed it would be illegal. stated originally the job of signing court overtime was delegated to the booking sergeant and they were expected to do this job during their regular shift for no additional compensation. felt this job should not be the responsibility of the booking sergeant and she complained to Administrator Behrens. During this conversation with Administrator Behrens he told to give herself one hour of overtime to compensate for this additional duty. stated this was a conversation between she and Administrator Behrens and she does not recall exactly when this practice started or when this conversation occurred. stated she told Administrator Behrens she couldn't put in for an hour of overtime because she was not actually working overtime. She stated she specifically remembers the conversation with Administrator Behrens and was not present at this meeting. stated she never stayed past her 12-hour shift to complete the court overtime slips and she never put in for the 1-hour of overtime to complete this task. was asked if he was ever offered overtime to sign the court overtime slips. stated, "Yes we had a meeting with the Mr. Behrens and um regarding the signing of the overtime uh cards, court overtime cards and if they were filled out you would be compensated one hour of overtime." EXECUTIVE SUMMARY-INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 27 of 79 asked what his understanding of the email (Addendum #10, 4-24-17 Court Affairs OT) was. stated. uso we actually spoke to him about it, and basically they told us we get one hour of overtime within our twelve-hour period to fill out the cards." asked who he spoke with. stated, "Tom and to during one of his supervisor meetings.11 stated that , and were all there when they spoke with and Administrator Behrens. said told him that Administrator Behrens offered her one hour of overtime to sign the overtime cards. said ,told him that she told Administrator Behrens that she did not want to stay after work and Administrator Behrens eventually offered her an hour of overtime to complete the overtime cards during her scheduled hours. said that told Administrator Behrens that he could not do that. said he was not present for the conversations had with Administrator Behrens. asked if the understanding was he would receive one hour of overtime to complete the court overtime slips during his twelve-hour shift. stated. ucorrect." stated that they ( and discussed the overtime after one of the meetings. stated, "None of us felt right doing it!' He said none of them did it unless it was before or after their shift. He said they all felt it was illegal. said he had discussions with when he was assigned to booking. He said he explained to that the day sergeants were responsible for the court overtime slips. stated. 'When I told him about the one hour. and I told him how I felt about it1 he agreed, he didn't feel right to file one hour of overtime when you were already here!' stated that instructed him to read and sign the binder located in booking. stated that sent an email to all the sergeants who work booking overtime with directions to read and sign the booking sergeant assignment binder. asked what his understanding was regarding the portion of the email (Addendum #10, 10-23~ 17 Court OT Slip Tracking 1 hr OT) that stated you would be compensated one hour of overtime for every court day that you worked in booking to ensure you had adequate time to complete the job. stated, u1 was told that to add an hour on to my shift to track for court affairs. for the court affairs sergeant pqsition and that they want us to put on either the hour before or the hour after." asked if told him that. stated, "Yes." EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE # ADM2017-0051 December 281 201 B Page 28 of 79 asked if anybody else gave him those instructions besides stated, "No, he was the only one I'd see when I would do shift change." asked if he ever had a conversation with related to signing court overtime slips. stated. "I did." stated, "She said that. that, that was being tracked, people that were signing overtime." asked if told him that submitting for an hour of overtime without working the time was something she would not do. stated, "Yeah, she said she didn't do it." asked if told him why she did not do it. stated, "She said she didn't feel right about it." asked if told him what she did not feel right about. stated, 1Well1 I had, I remember saying that we had been told that that this is tracked for court affairs sergeant position and for admin pay, but she said she didn't need it, she didn't want to put it on an hour on overtime because it wasn't, she didn't feel right doing the same working the same time and adding an hour." stated at the end of October of 2017, he was offered overtime to sign the court overtime slips. was referring to email (Addendum #10, 10-23-17 Court OT Slip Tracking 1hr OT) he brought with him from October 23, 2017, which was also located In the Booking Sergeant Assignment Binder. stated, 1'The email was the first that I had ever been that told I could receive overtime for signing them." said he discussed the email with and, at some point, discussed the email with Administrator Tom Behrens. said he could not recall any timelines. stated, "After reading the email, I wasn't completely clear on how exactly we're suppose to go about this, if this was telling me I had to stay an hour past my shift, how exactly it was all going to work out, 'cause I had issues with staying late every day because of childcare and things like that. So, told me that, in his conversation with Tom, this is all kind of vague memory, but basically if I could finish it during my shift, to do it during my shift and I could still collect the overtime. If I had to stay late, the overtime was to ensure it was gonna be completed before I left, um he explained to me some of the issues with court slips in the past, the fact that it wasn't always being done and that it had to be done on a daily basis, the fact that it had to be turned into payroll, um so that they can process them in a timely fashion. Um, and so, I remember specifically asking as far, oh and he told me that they wanted to track the amount of hours that were being spent on court affairs things, so I asked him if that was a separate pay code and so he gave me the court affairs pay code to use, from that point forward that's what I was doing." EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 29 of 79 said he recalled asking a few questions that had to speak with Administrator Behrens about. said that an hour or two later called him to relay what Administrator Behrens had told him. [16:00] said he recalled asking if he had to stay late everyday and how it was going to work. stated, "I was told specifically, you don't have to stay late, as long as it's completed sometime during your shift, but the overtime is to ensure that you're completing it, and it's also to track the amount of hours that we're spending um, on completing court affairs duties." asked if he was told to come in an hour early. stated, "No; I was told to complete it during my shift, if possible." said he could not recall a specific conversation with Administrator Behrens related to court affairs overtime. continued, "It may have been, I don't remember specifically." asked if told him what pay code to use. said that consulted with Administrator Behrens and then told him to use "PD0544." stated that was the court affairs pay code. said he was told to use the court affairs pay code to track how many hours they were conducting court affairs duties. asked, in general, how he was trained to document overtime hours on his time cards. replied, "In general, I would, um, write the reason for the overtime, the location worked, and the hours that I would work." asked if there was a reason he did not indicated the times he worked the hour of overtime, and stated, "Yes, because it was not specific to a certain timeframe. My understanding was the, it was, um, I'll just leave it at that." asked if he was authorized to receive pay for time he did not work, because the email came from Administrator Behrens, and he said, "Yes. I mean, I was told that this came from my administrator after a conversation with the deputy chief at the time. This was how they were going to track the overtime." Asked who told him that, said he was told by [26:53] asked what told him, and he answered, "Exactly that. asked if he thought it was wrong to accept an hour of overtime when he was not working an hour of overtime. stated, "Not when it was at the direction of my administrator." asked given this interview now, If he thought it was wrong to accept an hour of overtime when he did not work for the hour, and answered, "Again, I felt that my administrator approved the way that this was being done, so I didn't feel there was anything wrong." Sergeant Fernandez asked if he believed that they ( and Administrator Behrens) were aware he was taking the hour of overtime during the EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 30 of 79 twelve scheduled hours. stated, uves.'1 believed they were aware because he asked them if he had to stay an hour later every day, and they said no. said he was told he could complete the overtime slips during the scheduled hours, then that was fine, and to put in for the hour for tracking purposes. was shown an email (Addendum #10, 4-24-17 Court Affairs OT Email) and asked to confirm he sent it to and , cc'ing Administrator Behrens, offering one hour of overtime to complete the court overtime slips. reviewed the email, and stated, UVeah, I vaguely recall this email. But, I mean, l1m not disputing that I sent that.n was read the following excerpt from his email, "Basically it's an hour of OT for every week day, court operation day, that you work your regular shift." Asked to explain that citation, said, "Court's not open every day, Monday through Friday. So, it's, if it's a regular court day where you would anticipate receiving slips, then you're authorized the one hour of overtime, that's what." was asked if that meant the booking sergeants receive an hour of overtime during their normal twelve-hour schedule, and he said, "No. That it's an authorization that if you need the time, you work the one hour of overtime.n was asked why it was worded they would receive an hour of overtime for working their regular shift, and he replied, "It's not elegantly stated, but that's not the intent." was shown an email (Addendum #10, 10-20-17 Court Affairs OT Slip Tracking Email), authored October 20th, 2017, which was sent to Administrator Behrens, Cindy Martinez, Art Perez, Arnita Harper, and and . Asked if he authored the email, said, "Yep." continued, u1 recall authoring it, or I recall composing this email, yes." Asked if Administrator Behrens requested he compose that email, said, "He did.'' was asked if he discussed the contents of the email with Administrator Behrens, prior to sending it out, and he replied, "We did. That's, that was the reason for sending it to him, was to ensure that it was in line with what it is he wanted." was asked who authorized the i_nstructions, answered, "Administrator Behrens.n was read an excerpt from the email, which stated, uAII slips received on a regular court date must be submitted to Payroll by your EOW," and asked to explain it. said, "It means that all the slips that are received on a regular court day must be submitted to the payroll office, the blue side that they process, by your-dayshift booking sergeant, EOW.'' was asked how they would be compensated for one hour of overtime, if it had to be submitted by their regularly scheduled end of watch, and he replied, "You're right. I literally never thought of that until we were sitting here discussing it. So, yes. That's an inelegant.'1 was shown an email (Addendum #10, 4·24-17 Court Affairs Email) sent him on April 24, 2017. explained the email stated that Administrator Behrens was offering overtime to sign the court overtime slips. stated, UVes, I remember this." EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE # ADM2017-0051 December 281 2018 Page 31 of 79 asked if that was the first-time overtime was being offered to sign the court overtime slips. stated, "To the best of my recollection, yes." asked what his understanding was of the email related to being eligible to receive the hour of overtime. stated, "Basically if you fill out the overtime during your shift, you're eligible to put one hour of overtime on your slip." When asked during his scheduled twelve-hour shift, stated, "Correct." asked if he would qualify for the hour overtime if he filled out the court overtime slips during his twelve-hour shift. stated, "Correct." asked if anything was talked about regarding the hour of overtime. stated, "It wasn't the hour of overtime, it was just the overtime period to fill out the cards and again that was said during the briefing, this, this, I faintly remember, but reading it does, does bring back the memory." asked if recalled speaking with and Administrator Behrens regarding the one hour of overtime, with , and being present. stated, 11lf us five ever had a conversation in regards to this, um, again I don't know if was regarding the hour, but I think it was just for the, and it might had been the hour, I may be getting old and forgetting this, but it might had been the, it was a time period where they were discussing giving overtime for um, signing the time cards during a meeting, that's when I remember discussing it, that's the only time I really remember discussing it." asked what he recalled from that discussion. stated, "Um, basically the sergeants were indicating that they couldn't do that, um, I think our eyebrows all frowned at the same time and we kind of looked and said, you know basically, how can you do that?" When asked what "that" was, stated, 11Um, give overtime at a period when, uh, you were regularly working your shift to sign, sign, to sign overtime cards during your regular twelve-hour shift." When asked if he recalled what the response was related to that, stated, ''Um, I believe it was Tom who had said he had already got it approved, or had already discussed it with further ups and that's what it was going to be, or something like that, so at that point we didn't discuss it anymore." asked if he was confident that Administrator Behrens was saying he would receive an hour of overtime for completing the court overtime slips during the twelve-hour shift. stated, "Yes." asked if was there for that conversation. stated, 11Yes." Sergeant Fernandez asked if it was safe to say that did not have any issues with it. stated, u1 will say that, uh, that he had already had a discussion with Tom, so they were on the same page, the sergeants that were hearing this for the first time, were the ones that were raising their eyebrows." EXECUTIVE SUMMARY-INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 32 of 79 asked if he had a discussion with and regarding the one hour of overtime. stated, "I think when the meeting was over we went downstairs, and we barely, briefly discussed it, I think were, were some of us were just getting off shift, some of us were on our way elsewhere, and basically the consensus was, hey you can't do that." replied to Administrator Behrens' email on November 1st regarding the one hour of overtime for booking sergeants arid wrote, 'When you say they will be compensated one hour of OT for every court date they worked in booking, are they actually working ari extra hour, or just being compensated for an extra hour? I just want to clarify.'' asked why she was seeking clarification ·from Administrator Behrens. responded, 'Well my former position was Director of Human Resources and so, I guess I asked a lot of questions. And in the case of overtime, I have seen people discuss maybe handing out overtime to make ,up for compensation that someone felt someone should be getting and so. I'm guessing when I read this, um, that came to mind, probably because of the way it's worded." mentioned the section in the email describing the day time booking sergeant responsibilities and asked her if it looked familiar. responded and stated, "Yes.'' In regards to email response where she attempted to obtain clarification, stated, 11My question about whether they were working or not is related to the bullet point that says, under day shift booking sergeants, 'You will be compensated one hour of overtime for every court day that you work in booking to insure you have adequate time to complete this job.' So, uh, to me that Infers they're working the overtime because they need that time to complete the job of signing the cards, but just as a clarification I sent that email.'' asked if Administrator Behrens discussed with him paying the booking sergeants one hour of overtime for each day they signed the court overtime slips. stated, "No, I don't remember that.'' EVIDENCE: Addendum #14, 11-2-17 Debbie Mills to Tom Court OT Re Working Extra Hour for Court Duty. Addendum #10, 4-24-17 Court Affair OT. Addendum #10, 10-20-17 Court Affairs OT Slip Tracking. Addendum #10, 10-23-17 Court OT Slip Tracking 1ht OT ALLEGATION #5 EXECUTIVE SUMMARY-INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 33 of 79 The Administration alleges that on October 4, 2018, while on duty, Administrator Thomas Behrens #10886, was untruthful with Internal Affairs investigators when he stated he did not authorize booking Sergeants to receive 1-hour of overtime pay during their 12-hour scheduled shift without actually working an hour of overtime. STATEMENTS Administrator Thomas Behrens was asked if he ever told anybody within the discussions that they could receive an hour of overtime .if they signed the court overtime slips eveh If they did not stay past their scheduled hours. Administrator Behrens stated, uNo." asked if he recalled having any conversation with where she said she did not think it was right, legal or something to that effect to receive overtime without having to work It. Administrator Behrens stated, "I never told anybody that they would get overtime for not working overtime, so I don't recall having that conversation with asked if anybody told him they thought it was wrong to submit for an hour of overtime pay without staying past their scheduled hours. Administrator Behrens stated, u1 never told anybody they could sign in for overtime without staying past their scheduled hours.n was asked if anybody discussed that there was overtime available to sign the court overtime slips. stated that had told her. She said that one day called her and referenced that the booking sergeant would receive an extra hour of overtime for signing the overtime slips. said, "How can you do that if you do it during your twelve hours, it didn't make sense to me, that's, and then I remember calling uh, and asking him. He said that was an agreement that Behrens have had previously to get the day shift sergeants to do it." said she diet not look into it any further and said, "If that's their arrangement that's on them." said she signed the court overtime slips during her scheduled shift. She said she did not feel there was a way to justify overtime beyond the twelve hours. asked if she thought the hour of overtime was available if they wanted it, based on the conversation with stated, "That's what I would have gotten from it, our conversation, yes." stated, "Based on our conversation, I would get paid for that hour of overtime within that twelve-hour period I was working, but in my mind, if you didn't work before your shift or after your shlft you wouldn't get that overtime." stated if she did not work the overtime she would not put in for it. stated, "I have a conscious." EXECUTIVE SUMMARY-INTERNAL AFFAIRS CASE# ADM2017-0051 December 281 2018 Page 34 of 79 stated she was offered an hour of overtime during her 12-hour booking Sergeant shift. Lieutenant Lance clarified; '-You are going to work your 12-hours straight time, only work the 12-hours, do the court overtime slips during that 12 hours, and put in for an hour of overtime.'' said, "Correct, which I declined to do.11 indicated she declined to do this because she believed it would be illegal. stated ·originally the job of signing court overtime was delegated to the booking sergeant and they were expected to do this job during their regular shift for no additional compensation. felt this job should not be the responsibility of the booking sergeant and she complained to Administrator Behrens. During this conversation with Administrator Behrens he told to give herself one hour of overtime to compensate for this additional duty. stated this was a conversation between she and Administrator Behrens and she does not recall exactly when this practice started or when this conversation occurred. stated she told Administrator Behrens she couldn't put in for an hour of overtime because she was not actually working overtime. She stated she specifically remembers the conversation with Administrator Behrens and was not present at this meeting. stated she never stayed past her 12-hour shift· to complete the court overtime slips and she never put In for the 1-hour of overtime to complete this task. was asked if he was ever offered overtime to sign the court overtime slips. stated1 11Yes we had a meeting with the Mr. Behrens and um regarding the signing of the overtime uh cards, court overtime cards and if they were filled out you would be compensated one hour of overtime." asked what his understanding of the email (Addendum #10, 4-24-17 Court Affairs OT) was. stated, "So we actually spoke to him about it, and basically they told us we get one hour of overtime within our twelve-hour period to fill out the cards.'' asked who he spoke with. stated1 "Tom and to during one of his supervisor meetings.'' stated that , and were all there when they spoke with and Administrator Behrens. said told him that Administrator Behrens offered her one hour of overtime to sign the overtime cards. said told him that she told Administrator Behrens that she did not want to stay after work and Administrator Behrens eventually offered her an hour of overtime to complete the overtime cards during her scheduled hours. said that told Administrator Behrens that EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE # ADM2017-0051 December 28, 2018 Page 35 of 79 he could not do that. said he was not present for the conversations had with Administrator Behrens. asked if the understanding was, he would receive one hour of overtime to complete the court overtime slips during his twelve-hour shift. stated, ucorrect." stated that they ( and ) discussed the overtime after one of the meetings. stated, "None of us felt right doing it." He said none of them did it unless it was before or after their shift. He said they all felt it was illegal. said he had discussions with when he was assigned to booking. He said he explalned to that the day sergeants Were responsible for the court overtime slips. stated, "When I told him about the one hour, and I told him how I felt about it, he agreed, he didn't feel right to file one hour of overtime when you were already here." stated at the end of October of 2017, he was offered overtime to sign the court overtime slips. was referring to email (Addendum #10, 10-23-17 Court OT Slip Tracking 1hr OT) he brought with him from October 23, 2017, which was also located in the Booking Sergeant Assignment Binder. stated, "The email was the first that I had ever been that told I could receive overtime for signing them." said he discussed the email with and, at some point, discussed ·the email with Administrator Tom Behrens. said he could not recall any timelines. stated, "After reading the email, I wasn't completely clear oh how exactly we're suppose to go about this, if this was telling me I had to stay an hour past my shift, how exactly it was all going to work out, 'cause I had issues with staying late every day because of and things like that. So, told me that, in his conversation with Tom, this is all kind of vague memory, but basically if I could finish it during my shift, to do it during my shift and I could still collect the overtime. If I had to stay late, the overtime was to ensure it was gonna be completed before I left, um he explained to me some of the issues with court slips in the past, the fact that it wasn't always being done and that it had to be done on a daily basis, the fact that it had to be turned into payroll, um so that they can process them in a timely fashion. Um, and so, I remember specifically asking as far, oh and he told me that they wanted to track the amount of hours that were being spent on court affairs things, so I asked him if that was a separate pay code and so he gave me the court affairs pay code to use, from that point forward that's what I was doing." said he recalled asking a few questions that had to speak with Administrator Behrens about. EXECUTIVE SUMMARY -INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 36 of 79 said that an hour or two later called him to relay what Administrator Behrens had told him. [16:00] said he recalled asking if he had to stay late everyday and how it was going to work. stated, "I was told specifically, you don't have to stay late, as long as it's completed sometime during your shift, but the overtime is to ensure that you're completing it, and it's also to track the amount of hours that we're spending um, on completing court affairs duties." asked if he was told to come in an hour early. stated, "No, I was told to complete it during my shift, if possible." said he could not recall a specific conversation with Administrator Behrens related to court affairs overtime. continued, "It may have been, I don't remember specifically." asked If told him what pay code to use. said that consulted with Administrator Behrens and then told him to use "PD0544." stated that was the court affairs pay code. said he was told to use the court affairs pay code to track how many hours they were conducting court affairs duties. asked, in general, how he was trained to document overtime hours on his time cards. replied, 11ln general, I would, um, write the reason for the overtime, the location worked, and the hours .that I would work." asked if there was a reason he did not indicated the times he worked the hour of overtime, and stated, "Yes, because it was not specific to a certain tlmeframe. My understanding was the, it was, um, I'll just leave it at that." asked if he was authorized to receive pay for time he did not work, because the email came from Administrator Behrens, and he said, "Yes. I mean, I was told that this came from my administrator after a conversation with the deputy chief at the time. This was how they were going to track the overtime." Asked who told him that, said he was told by [26:53] asked what told him, and he answered, "Exactly that. asked if he thought it was wrong to accept an hour of overtime when he was not working an hour of overtime. stated, "Not when it was at the direction of my administrator." asked given this interview now, if he thought it was wrong to accept an hour of overtime when he did not work for the hour, and answered, "Again, I felt that my administrator approved the way that this was being done, so I didn't feel there was anything wrong." Sergeant Fernandez asked if he believed that they ( and Administrator Behrens) were aware he was taking the hour of overtime during the twelve scheduled hours. stated, "Yes." believed they were aware because he asked them if he had to stay an hour later every day, EXECUTIVE SUMMARY-INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 37 of 79 and they said no. said he was told he could complete the overtime slips during the scheduled hours, then that was fine, and to put in for the hour for tracking purposes. was shown an email (Addendum #10, 4-24-17 Court Affairs Email) sent him on April 24, 2017. explained the email stated that Administrator Behrens was offering overtime to sign the court overtime slips. stated. "Yes, I remember this." asked if that was the first-time overtime was being offered to sign the court overtime slips. stated, 1'To the best of my recollection, yes." asked what his understanding was of the email related to being eligible to receive the hour of overtime. stated. "Basically if you fill out the overtime during your shift, you're eligible to put one hour of overtime on your slip." When asked during his scheduled twelve-hour shift, stated. 11Correct." asked if he would qualify for the hour overtime if he filled out the court overtime slips during his twelve-hour shift. stated, "Correct." asked if anything was talked about regarding the hour of overtime. stated, "It wasn't the hour of overtime, it was just the overtime period to fill out the cards and again that was said during the briefing, this, this, I faintly remember, but reading it does, does bring back the memory." asked if recalled speaking with and Administrator Behrens regarding the one hour of overtime, with , and being present. stated, 11lf us five ever had a conversation in regards to this, um, again I don't know if was regarding the hour, but I think it Was just for the, and it might had been the hour, I may be getting old and forgetting this. but it might had been the, it was a time period where they were discussing giving overtime for um, signing the time cards during a meeting, that's when I remember discussing it,' that's the only time I really remember discussing It." asked what he recalled from that discussion. stated, 11Um, basically the sergeants were indicating that they couldn't do that, um, I think our eyebrows all frowned at the same time and we kind of looked and said, you know basically. how can you do that?" When asked what ''that" was, stated, "Um, give overtime at a period when, uh, you were regularly working your shift to sign, sign, to sign overtime cards during your regular twelve-hour shift." When asked if he recalled what the response was related to that, stated, "Um. I believe it was Tom who had said he had already got it approved, or had already discussed it with further ups and that•s what it was going to be, or something like that, so at that point we didn't discuss it anymore." asked if he was confident that Administrator Behrens was saying he would receive an hour of overtime for completing the court overtime slips during the twelve-hour shift. stated. "Yes." asked If was there for that conversation. EXECUTIVE SUMMARY -INTEANAl AFFAIRS. CASE# ADM2017·0051 December 28, 2018 :Page 38 of 79 stated, "Yes." Sergeant Fernandez askedl i:f it was safe to say that did not have any issues with it. stated, 111 will say that, uh, that he had already had a discussion with Tom, so they were on the same page, lhe sergeants that were hear:ing this for the first time. were the ones that were raising their eyebrows.'' asked iif he had a discussion with and regarding the one hour of overtime. stated, "I think when the meeting was over we. went downstairs. and we bare'ly, briefly discuss.ed it, I think were, were, some of us were just getting ott shift, some of us were on our way elsewhere, and basically the consensus was, hey you. can't do that." ALLEGATION #6 The Administration alleges that on October 4,. 201 a.,. While on duty, Administrator Thomas Behrens #·10886, was untruthful with Internal Affairs investigators When he stated that he regufarly communicated with before wort< hours vi.a email, text, phone call during the period of time of approximately April 2017 to May of 2018. STATEMENTS Administrator Thomas Behrens said they have regularly communicated about f hings that have gone on the night. before in the morning before getting to work. Administrator Behrens said he would be on the road by 0445 hours and would be on the. road soon after. He said texting, emailing .and phone calls took place on a regular basis in the mornings depending on what was going on. asked how often would call him with critica'I issues related to the, jail daily l.og. Administrator Behrens stated, "That's, that's, that's a hard question to answer, whether it's specifically attached to the j ail log, .not everything is attached to the jaH 110g, sometimes, sometimes it's attached to email fhat he'll receive um, from ·the, midnight shift, I mean there, there are so many different forms of communication, what I'm saying is that it is not uncommon for he and I to communicate in the morning, first thing ln the morning on the drive in or before the dri,ve in, where he's filling me in on something that he thinks is important."' Commander Cox asked if it was on work phone when he communicated with him before and after work. Administrator Behrens stated, "Yes. I'm not saying we haven't talked on his personal phone, but most of it is done on the work phone .. " EVIDENCE EXECUTIVE SUMMARY-INTERNAL AFFAIRS CASE# ADM2017-0051 December 28, 2018 Page 39 of 79 Addendum #6 Spreadsheet (Bottom Tab Phone Calls Outside AWID Times). Addendum #6 Verizon Bill • examined work Verizon cellphone bill from April 2017 through May 2018. discovered there were no phone calls received or dialed from Administrator Behrens' cell or desk phone prior to any of scheduled jail administrator shifts. Addendum #6 Table Email Times Addendum #25 PST Email File • examined sent Outlook email file. discovered from April 04, 2017 through May 03, 2018, sent and or cc'd Administrator Behrens an email (9) times prior to his first A WID capture. Addendum #25 Behrens PST Email file • examined Administrator Behrens Outlook email for sent emails prior to first AWID capture that were sent to and/or to with other recipients. discovered (5) emails sent prior to first A WID capture. Addendum #6 Spreadsheet (Bottom Tab Tom TT Before 1st AWID) • examined Administrator Behrens' Tiger Text metadata for text messages he sent to prior to first AWID entry between April 4, 2017 -May 3, 2018. discovered Administrator Behrens sent five TT messages to Administrator Behrens over the course of the 13 months: City of Long Beach Working Together to Serve Memorandum Date: May 3, 2010 To: Lloyd Cox, Commander, Internal Affairs Division From: , Sergeant, Internal Affairs Division Subject: INVESTIGATOR NOTES· INTERNAL AFFAIRS CASE #ADM2017-0051 1. On October 10, 2017, the Administration initiated Internal Affairs case #ADM2017-0051 stemming from an anonymous letter that was sent to Internal Affairs. The anonymous complainant alleged: • Jail staff was threatened with being written up and intimidated • Jail staff worked out of class • SSO printed surveillance photos to harass jail staff • engaged in timecard fraud • Administrator Behrens engaged in timecard fraud 2. The case was assigned to on October 1 O, 2017. discovered that the complaint the potentially involved interviewing sixty employees of the jail division. also discovered that there was a fraud complexity to the case that involved investigating and interviewing four booking sergeants, two retired booking sergeants, the jail admin sergeant and jail administrator. The case was going to require to interview any sergeant that worked overtime in booking that may had been involved potential timecard fraud. would have potentially have to interview the two court affairs clerks. 3. examined the typewritten complaint that was mailed via United States Postal Service addressed to the Personnel Administrator and Internal Affairs. The envelope had a post office date stamp of October 3, 2017. There was a timestamp on the complaint showing the letter was received by payroll/personnel on October 6, 2017, at 0742 hours. The complaint was anonymous. 4. examined the typewritten complaint that was published on the Beachcomber online website by Jay Beeler. The title of the article was "Beachcomber Seeks News Tips.11 The complaint letter was the same letter mailed to the Department but was published with the employees' names redacted. 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He wrote that Administrator Behrens asked and to assist with the dally signing of "OT slips.11 wrote that Administrator Behrens was offering an hour of OT that would cover getting the slips signed. He wrote, "Basically, it's an hour of OT for every weekday (Court operations day) that you work your regular shift." 48. examined an email dated May 26, 2017, (Addendum #10, 5-26-17 Watch Report -Timecards and OT Slips) from to Administrator Behrens. proposed that booking sergeants be responsible for signing their supervisor's timecards. provided the reasoning of, "Every week I sign a massive amount of timecards. While I certainly am not opposed to doing this. I am concerned because I am signing for straight and OT time worked for which I have no efficient method of verifying that it was actually worked." 49. examined an email dated July 26, 2017, (Addendum #9, 7-26-17 Out of Office) from to Manuel Flores, , Cindy Martinez, Arnita Harper and Fabiola Smith. Administrator Behrens was copied on the email. The advised that would be out of the office on July 27, 2017 and to call/email him if needed because he would have his computer and city cellphone. was paid for five scheduled hours and five holiday hours on July 27, 2017. did not charge any court affairs overtime hours. INVESTIGATOR NOTES -INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 14 discovered that from 8/28/17 -9/1/17, documented working (5) eight-hour shifts. also charged (2) hours of court affairs overtime on three of the dates and (3) hours of court affairs overtime on two of the dates. did not discover any court affairs related emails during his documented overtime times. discovered that charged (3) hours of court affairs overtime on Sunday, September 3, 2017. did not discover any court affairs related emails during his documented overtime hours. did not have any scheduled hours on that Sunday. discovered that from 9/5/17 -9/8/17, documented working (4) ten-hour shifts. also charged (3) hours of court affairs overtime on all four days. did not discover any court affairs related emails during hid documented overtime times. discovered that charged (3) hours of court affairs overtime on Sunday, September 10, 2017. did not discover any court affairs related emails during his documented overtime hours. did not have any scheduled hours on that Sunday. 51. examined an email dated October 20, 2017, (Addendum #10, 10-20-17 Court Affairs OT Slip Tracking) from to Administrator Behrens. wrote that the email would go to Cindy Martinez, Arthur Perez, Arnita Harper, and The email gave direction to the booking sergeants. He wrote that all slips received on regular court days "*must*" be submitted to payroll by their EOW. wrote, "You will be compensated one hour of OT for every INVESTIGATOR NOTES -INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 15 INVESTIGATOR NOTES -INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 16 INVESTIGATOR NOTES -INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 17 discovered that • Logged into the court affairs system (9) times when he submitted court affairs admin overtime. He logged on one time on a day {2/3/18) he did not submit court affairs admin overtime. • Never logged in during the morning timeframes that he submitted court affairs admin overtime • Logged in twice on the same day (11 /15/17) du ring submitted court affairs admin overtime • Logged in (17) times over the course of four days past the timeframes he submitted court affairs admin overtime • Logged in (13) times over the course of four days during his scheduled hours 60. On July 31, 2018, obtained an email (Addendum #10, Booking Sergeant Assignment Binder with Court Affairs Duty Email) from the booking sergeant assignment binder located In booking. The email was authored by Administrator Behrens on October 23, 2017. The email described day shift booking sergeants duties related to the court overtime slips. The verbiage from the October 23, 2017 email was written by and sent to Administrator Behrens on October 20, 2017 (10-20-17 Court Affairs OT Slip Tracking). 61. On August 7, 2018, at approximately 1700 hours, provided with an email from May 8, 2017 (Addendum #12, 5-8-17 Sleeping Email for 6-22 staff meeting) regarding a staff meeting on June 22, 2017. The email was providing guidelines for watch 1 and watch 2 booking sergeants. The email advised the watch 1 sergeants to schedule a guest booking sergeant from 2200-0500 hours. That time would allow the scheduled booking sergeant time to sleep before the meeting. The watch 2 booking sergeant would schedule a guest booking sergeant from 0500 to 1000 hours to allow the watch 2 sergeant to attend the meeting uninterrupted. The email advised the regularly scheduled sergeants would be paid for full 12 hour shifts. The email was sent by and Administrator Behrens was copied. INVESTIGATOR NOTES -INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 18 68. examined Administrator Behrens' email account: • On July 19, 2016, Administrator Behrens emailed (Addendum #13, 7- 19-16 Admin Pay Update Email) then Deputy Chief Beckman asking for an update on the admin pay request for the booking sergeants. • On October 8, 2016, Administrator Behrens emailed (Addendum #13, 10-8-16 Admin Pay Email Re Jail WC duties) advising him the Chief did not believe they met the criteria for admin pay. Administrator Behrens advised he was writing further justification for admin pay. • On November 71 2016, Administrator Behrens sent an email (Addendum #13, 11-7-16 Admln Pay email to Beckman with Justif Memo) with an attached memo to then Deputy Chief Beckman regarding admln pay for booking sergeants. examined the memo regarding administrative pay (Addendum #13, 11- 7-16 Admin Pay -Jail Watch Commander memo). Administrator Behrens wrote the booking sergeants (Jail Watch Commander) verify and approve all court overtime, work as liaison to the court, notifying all officers that do not show up for court, work with department employees In resolving court scheduling conflicts, and liaison with District Attorney, Public Defender, and City Attorney's offices. • On January 25, 2017, Administrator Behrens sent an email (Addendum #10, 1-25-17 Booking Sgts to Sign Court OT Email) to and . and were copied on the email. Administrator Behrens advised he was passing the responsibility of the court overtime slips to the Watch 2 booking sergeants. There was no mention of offering overtime to complete the overtime slips. • On February 2, 2017, Administrator Behrens sent an email (Addendum #10, 2-2-17 Court OT Slip Procedure Email) to . , , and with being copied. The email provided directions for processing/approving court overtime slips. There was no mention of offering overtime to complete the overtime slips. INVESTIGATOR NOTES -INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 19 • On February 2, 2017, sent an email (Addendum #12, 2-2-17 Mandatory Staff Meeting Email) with Administrator Behrens being copied. was notifying staff who had not replied to staff meeting request. He advised that staff meetings were mandatory and to notify him if personnel could not attend. • On February 16, 2017, emailed (Addendum #101 2-16- 17 PM Court Be There Email) and with court overtime pay updates/instruction regarding personnel ordered back to court. Administrator Behrens was copied on the email. • On March 15, 2017, then Deputy Chief Beckman sent an email (Addendum #13, 3-15-17 Booking Sgt Admin Pay Denied Email) to the booking sergeants advising them that additional compensations customarily entitled admin pay was considered and denied. Administrator Behrens was copied on the email. • On March 16, 2017, Administrator Behrens replied to an email (Addendum #14, 3-16-17 Beckman Email Chain for Court Affairs OT) regarding the use of overtime for court affairs duties. On March 15, 2017, then Deputy Chief Beckman emailed CFO Maura Velasco that the court affairs sergeant vacancy was negatively Impacting operations and preventing appropriate management oversight of court time compensation. Deputy Chief Beckman wrote that he suggested to Administrator Behrens that interested sergeants be allowed to work the assignment on an overtime basis. Maura Velasco replied to Deputy Chief Beckman that the overtime should not be a problem and the salary savings would fund the position. • On March 151 2017, then Deputy Chief Beckman addressed the court affairs overtime issue with Administrator Behrens in an unrelated email (Addendum #14, 3-15-17 Approving OT For Court Affairs Duties Email) chain. Deputy Chief Beckman wrote to Administrator Behrens that he gave Maura Velasco a heads up on a potential overtime increase in court affairs. He wrote to consider it as an option arid he wanted to heip however he could. Administrator Behrens thanked Deputy Chief Beckman and told him he was glad to know he fully supported him in being creative with his task delegation. Deputy Chief Beckman replied to Administrator Behrens by writing, 11Vou bet. Maybe a three day/week (MWF) OT gig would work to manage the workload .. or more, if needed .... .1'11 leave it up to you guys ... looking forward to hearing back. Administrator Behrens replied, 'Will do. Thanks." • On March 23, 20171 then Deputy Chief Beckman was involved in an email chain (Addendum #14, 3-23-17 Court Affairs Compliance Email INVESTIGATOR NOTES -INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 20 Chain) between Administrator Behrens and On March 161 2017, emailed Administrator Behrens regarding a conversation he had with then POA President Steve James being concerned with members not being paid for court overtime. advised he would track deficiency notices. wrote that he could perform audits once or twice a week when other work demands allowed. • On May 81 2017, then Deputy Chief Beckman emailed (Addendum #14, 5-8-17 Scrutinize OT Email from DC Meeting with Chief) regarding a bi-weekly DC meeting with the Chief. Deputy Chief Beckman advised to closely monitor and scrutinize any OT usage in his respective divisions, consult with POA on applicable nonnal business matters, and that the City Auditor was currently examining the use of OT in the Jail Division and concomitant timekeeping policies/procedures. He asked that he looked at the process he was using and to review them for clarity and contemporariness, especially in the event an audit came their way. Administrator Behrens replied, "Will do." • On November 21 2017, Administrator Behrens replied to a question from Debbie Mills with Paula Gallegos being copied on the email (Addendum #14, 11-2-17 Debbie Mills to Tom Court OT Re working extra hour for court duty). The email chain included the emailed instructions later placed in the Booking Sergeant Assignment Binder (Booking Sergeant Assignment Binder with Court Affairs Duty Email). Debbie Mills asked, "When you say they will be compensated for one hour of OT for every court day they work in booking ... are they actually working an extra hour or just being compensated for an extra hour. I Just want to clarity." Administrator Behrens replied, ''They are working an extra hour." 69. examined a memorandum (Addendum #22, 6-21-18 DC Avila Memo to Cox) from Deputy Chief Avila to Commander Lloyd Cox. Deputy Chief Avila wrote that on May 12, 2018, he spoke with Administrator Behrens over the phone. He advised Administrator Behrens there was an administrative complaint against him and and that was to stop working daily overtime associated with court affairs unless approved by Deputy Chief Avila. Deputy Chief Avila wrote that without solicitation, Administrator Behrens told him that he had authorized twelve hours of overtime a week to handle court affairs administrative duties. On May 14, 20181 Administrator Behrens met with Deputy Chief Avila in his office. Administrator Behrens advised he was going to assign the court affairs INVESTIGATOR NOTES -INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 21 administrative duties to the Watch 2 booking sergeant and the duties would be completed during the booking sergeant's scheduled hours. 70. examined an email (Addendum #13, 5-23-18 Court Affairs History Email) regarding the court affairs history from to Administrator Behrens. The email began with, "Sir, As requested, a historical perspective on Court Affairs." wrote that was assigned to his position In September of 2016 and court affairs had been vacant since June of 2016. He wrote that OT slips were not being signed daily and OT slip that were being signed were not being verified against the daily court calendar to ensure accuracy. wrote that he immediately set about verifying and signing the OT slips daily which detracted from his jail related duties. He wrote there were times 80 or more slips that needed to be processes, which could take up to two hours per day. He wrote he attempted relegating slips to a 2 or 3 day a week task, but it created a problem for payroll. wrote the solution was to pass the task of verifying and signing the overtime slips on a daily to the booking sergeants, which had resolved the issue. wrote that after looking into the non- compliance matter of subpoenas, he discovered '1hat most officers and detectives in our Department had simply stopped responding to subpoenas.'' He wrote this caused problems with prosecutors not knowing if officers were going to appear in court and an influx of calls to the court affairs clerks. He wrote the court affairs clerks' productivity suffered, and they were "forced" to work overtime to ensure tall the other daily office tasks were kept up to date. wrote to solve the problem a deficiency notice program was set into place. wrote, to date, the deficiency notice concept lowered non-compliance into single digit percentages and the court affairs clerks acknowledged a significant decrease in phone calls to the office to confirm upcoming appearances. He wrote his jail related duties and obligations do not allow him to take on the additional workload during his normal working hours. INVESTIGATOR NOTES -INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 22 discovered that email did not address what court affairs duties completed for the twelve-hours a week overtime compensation he received for approximately over a year. email also did not address the one hour of overtime the booking sergeants were offered to complete the court overtime slips. 71. On August 13, 2018, was interviewed. 72. 73. On August 15, 20181 examined emails related to graveyard bookings sergeants being told they could sleep during their shift to attend staff meetings. discovered: • On October 24, 2016, sent an email (Addendum #121 10-24-16 Schedule Staff Meeting) to Fabiola Smith (Administrator Behrens was copied) asking her to schedule a staff meeting on November 30, 2016. There was no mention of booking sergeants being told they could sleep before the meeting. • • INVESTIGATOR NOTES· INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 23 • On March 1, 2017, sent an invite (Addendum #121 3-1- 17 Staff Meeting Email) for a staff meeting on April 13, 2017. instructed to schedule a guest booking sergeant for the first half of the Watch 2 shift. There was no mention of scheduling a guest booking sergeant for Watch 1. • On May 8, 2017, sent an email (Addendum #12, 5-8- 17 Sleeping Email for 6-22 staff meeting) regarding scheduling a guest sergeant for the staff meeting for June 22, 2017. Thls was the same email that gave to (1/0 Note 61). This was the first email that gave Watch 1 booking sergeants directions to sleep before the staff meeting. • On June 20, 2017, sent an email (Addendum #12, 6- 20-17 Staff Meeting Email to with times) to He wrote that they have bi-monthly staff meeting and meet with the booking sergeant first for approximately 90 minutes, then expand the meeting to include the detention supervisors for another uhour or so." He wrote the meeting begins at 0600 and will run until about 0900 ••or so." He wrote if that OT could be arranged if he needed coverage. • On July 3, 2017, sent an email (Addendum #12, 7-3- 17 Meeting Minutes Email) to Administrator Behrens with an attachment (Addendum #12, 6-22-17 Staff Meeting Notes) of the minutes from the meeting. The staff meeting included Administrator Behrens, Police Sergeants, Detention Supervisors, and Fabiola Smith. The meeting with the listed staff took place on June 22, 2017 at 0746 hour and concluded at 1031 hours {approximately 2h45m). • On September 18, 2017, sent an email (Addendum #12, 9-18-17 Staff Meeting Invite with Meeting Times) to Fabiola Smith (Administrator Behrens was copied on the email). He asked her to schedule invites for the October 12, 2017 staff meeting. He wrote the booking sergeants would meeting from 0600 -0730 hours and the detention supervisors would meet from 0730 -0930 hours. He wrote, "The meetings are mandatory." • On September 20, 20171 sent an email (Addendum #12, 9-20-17 Staff Meeting Sleep Email for 10-12) to asking him to schedule a guest booking sergeant from 2300 -1100 hours for the October 12, 2017 staff meeting. He wrote that the scheduled sergeants will be paid for a full 12-hour shift as it was past practice. Administrator Behrens was copied on the email. INVESTIGATOR NOTES -INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 24 • On October 12, 2017, Fabiola Smith sent an email (Addendum #12, 10-12-17 Supervisors' Meeting Notes) to with attached meeting minutes from the October 12, 2017 staff meeting. The staff meeting included Patrol Sergeants1 Detention Sergeants, , Fabiola Smith and Administrator Behrens. The meeting with the entire staff was from 0815-1116 hours (Approximately 3 hours). • On July 31, 2018, sent a staff meeting invite (Addendum #12, 7-31-18 Staff Meeting Invite for 8-15-18) for an August 15, 2018 staff meeting. The invite advised to make necessary arrangements to join the staff meeting and that the meeting was for only booking sergeants. Sergeants , , , , Administrator Behrens and were invited. 74. On August 15, 201 B, was interviewed and was interviewed for a second time. 78. On August 16, 2018, examined an overtime report Court OT Report, Addendum #18) for using the booking pay code (PD0542). discovered that submitted thirteen hours of overtime using the booking pay code four times (2/8/18, 2/14/18, 5/15/18 and 5/22/18). worked overtime in booking ten times from 12/03/17 through 5/22/1 B. INVESTIGATOR NOTES -INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 25 80. On August 22, 2018, examined the four overtime cards that submitted for court overtime duties. also examined AWID activity (Addendum #19) for the four dates. • On February 8, 2018, submitted an overtime card (Addendum #18) for court affairs "Or' slips from 1700 -1800 hours. submitted an overtime for booking "Or' from 0500 -1700 hours. • On February 14, 20181 submitted an overtime card (Addendum #1 B) for court affairs "Or' slips from 0400 -0500 hours. submitted overtime for booking from 0500 -=-1700 hours on his green timecard. • On May 15, 2018, submitted an overtime card (Addendum #18) for booking "OT" and court "Or' slips from 0400 - 1700 hours. INVESTIGATOR NOTES -INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 26 • On May 22, 2018, submitted overtime on his green timecard (Addendum #18) from 0400 -0500 hours for court slips. He submitted overtime from 0500 -1700 hours for booking "OT." 81. On August 16, 2018, ran an updated overtime payroll report {Addendum #17, OT Report 8-16-18) for using the PD0544 (Court Affairs) pay code. searched from August 1, 2017 through August 161 2018. discovered continued charging one hour of overtime to the court affairs pay code. The report showed the last date he charged the one hour of overtime was on July 27, 2018. 82. tnterviewed on August 23, 2018. stated when he first started (October 2017) submitting overtime for signing the court overtime slips he used the booking pay code (PD0542). He said it was not until sought clarification he began using the court affairs pay code (PD0544). 83. On August 23, 201 B, went to booking to examine the Booking Sergeant Assignment Binder located in booking. was looking for an email that had In the internal affairs interview. The email had was dated August 16, 20181 and stated, effective immediately, overtime was no longer authorized for the verification and signature of court OT slips. All slips were to be submitted to The email was sent by to the booking INVESTIGATOR NOTES -INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 27 sergeants and guest booking sergeants. The email advised the message in the email was from Administrator Behrens. was unable to locate the email. asked to print out the email. observed place the email in the Booking Sergeant Assignment Binder. Sergeant Marche$e obtained a copy of the email (Addendum #10, 8-16-18 Stop Court OT Email). 84. examined a payroll overtime report and timecards from October 21, 2017 (date prior to authorization for overtime) through November 14, 2017 (date prior to using court affairs pay code) for discovered submitted an hour of overtime using the booking index code (PD0542) on 7 occasions from October 21. 2017 through November 14, 2017. From November 15, 2017 - May 11, 2018, submitted one hour of court affairs overtime (43) times. examined an updated payroll overtime report and timecards from May 12, 2018, through August 28, 2018. From May 12, 2018 -August 2, 2018, submitted one hour of court affairs overtime (23) times. Based on the updated reports, submitted one hour of overtime for court affairs duties a total of 73 times from October 26, 2017 -August 2, 2018. 85. 86. On August 28, 20181 examined AWID reports for the 73 times submitting an hour of overtime for signing the court overtime slips. captures. 87. On August 29, 2018, at 1000 hours, Commander Lloyd Cox met with Commander Robert Smith to brief him on the investigation. As a result, a criminal investigation was initiated, and was assigned. 88. INVESTIGATOR NOTES-INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 28 89. 90. On September 6, 2018, was interviewed. 91. 92. On September 12, 2018, Attorney Trott informed in the Internal Affairs office that told him he did not house work related documents on his home computer. Attorney Trott stated that told him he recalled working on the Letter of Transmittal for an in- custody death Internal Affairs case (ADM2015-0023) from home. told Attorney Trott that he would keep the documents on a thumb drive. 93. On September 12, 2018, examined the Letter of Transmittal (L.O.T.) from ADM2015-0023. The date on the L.O.T. was October 20, 2016. explained to Attorney Trott in the Internal Affairs office that the date of the L.O.T. did not encompass the dates submitted court affairs admin overtime. 94. On September 12, 2017, examined timecard ( Timecard 9-4-17) for the week of September 2, 2017. that on September 4, 2017, (Date that instructed to keep the 2 hours of holiday pay) timecard had whiteout for September 4, 2017 on her scheduled hours and whiteout on the index code and account box for September 4, 2017. submitted 1 O hours of scheduled hours documented for September 4, 2017. 95. INVESTIGATOR NOTES -INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 29 96. 97. 98. INVESTIGATOR NOTES -INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 30 • Using the leaving 30 minutes early threshold and total minutes leaving early, left 114 hours and 24 minutes early from his straight time scheduled hours. 99. was asked in his Internal Affairs interview if he had a recollection of what work he was doing when he left early in the month of April of 2018. stated, "The specific work that I was doing, it was related to jail policies, procedures, projects, research." 100 101 102. INVESTIGATOR NOTES-INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 31 103. examined an email (Addendum #10, 5-26-17 Watch Report -Timecards and OT Slips) sent on May 26, 2017 from to Administrator Behrens. wrote that every week he was signing a massive amount of timecards. proposed he no longer sign the Detention Supervisors' timecards and that the Booking Sergeants be responsible for signing the Detention Officers timecards. The change went into effect on June 6, 2017 (Addendum #10, 6-6-17 Timecards Signing Change from 5-26 Email). 104. Administrator Behrens was interviewed on October 4, 2018. Administrator Behrens stated he was not aware of any lawsuits with Orange County that addressed FLSA. located an article (Addendum #24, OC FLSA Lawsuit Article) printed in Orange County Register on February 16, 2014. The article was specific to a FLSA lawsuit between Orange County Sheriff Deputies and the Department. Per the article, the case settled in 2012 resultlng in some 850 deputies receiving some sort of settlement. The lawsuit was related to donning, doffing1 maintaining equipment, working through meal breaks1 preparing for briefings, checking out equipment, preparing reports and walking to and from work areas. Administrator Behrens was Lieutenant in 2012. 105. obtained Orange County Sheriff Department Manual Sections (Addendum #24) 335 (FLSA Employee Notice and Acknowledgement, revised May 5, 2011) and 1038 (Overtime, effective April 14, 2011) from (OCSD). stated that the FLSA policy became a part of the employees' yearly performance evaluation. He said there is a check box on the yearly evaluation acknowledging the employee received the FLSA policy. He said the practice required the supervisor to print out their FLSA policy and give it to the employee when they received their yearly evaluation. He said the practice has since changed to the check box on the yearly evaluation states the employee is aware of the FLSA policy. stated that Administrator Behrens would have know about FLSA, due to the policy, signing and approving employee evaluations which included FLSA as part of the yearly evaluation. He stated that the OCSD uses Lexipol and Administrator Behrens was no longer in the system. He said he could not verify the date(s) that Administrator Behrens acknowledged the policies. 106. Administrator Behrens was asked in his Internal Affairs interview if he had any training specific to it being against the law for hourly employees to work for INVESTIGATOR NOTES -INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 32 free. Administrator Behrens stated, "No." examined Orange County SD Policy Manual (Addendum #24) sections 1038 (Overtime, effective April 14, 2011) and 335 (FLSA Employee Notice and Acknowledgement, revised May 5, 2011 ). Their overtime policy (10338.2.5 (f)) states, "Employees shall not work uncompensated overtime to prepare for briefing, check emails, check mailboxes, prepare patrol vehicle or any other duties before or after their scheduled shift." Their FLSA policy 335 states in part, "The employee shall not perfonn Department duties outside his/her scheduled work hours without reporting overtime worked on his/her sign-in/sign-out sheet. Department policy is that all legitimate overtime shall be compensated. The Department does not permit employees to work overtime without compensation. Note: The Department has no 'unwritten' rule or policy that employees should work overtime without compensation." 107. Administrator Behrens stated in his Internal Affairs interview he was responsible for submitting a memo (Addendum #13, 11-7-16 Admin Pay-Jail Watch Commander memo) titled "Jail Watch Commander-Administrative Pay' to Deputy Chief Beckman. The memo described duties performed by booking sergeants to justify administrative pay. discovered: • A memo from Administrator Behrens sent to the jail division dated September 15, 2016. The memo (Addendum #13, 9-15-16 Jail Admin Sgt Memo) advised would be temporarily serving as the court affairs sergeant. • An email from Administrator Behrens to Fabiola Smith ( and SSO Flores cc'd) dated September 221 2016, advising to send out the memo (Addendum #13, 11-7-16 Admin Pay -Jail Watch Commander memo) advising would be the temporarily serving as the court affairs sergeant. • An email (Addendum #13, 10-4-16 Email to Jail Div Re 90 day rotation) from to the jail division dated October 4, 2016 advising that would be serving as the court affairs sergeant for the next ninety days. 108 INVESTIGATOR NOTES -INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 33 109. Administrator Behrens stated 1in his !Internal Affairs irite.rview that he and have regularly communicated about things in the morning before getting to work. Administrator Behrens said he would be on U1e road by 0445 hours and would be on the road soon after. He said texting, emailing and phone calls took place on a r:egular basis in the momings depending on what was going o.n. Administrator Behrens said most of communication took place on work pt,one. examined work cell phone call h'istory from April 2017 through May 2018. discovered there were no phone calls (Behrens work and desk line,) between Administrator Behrens and , prior to any of schedu·led Jail Administrator shifts. discovered two phone calls to Administrator Behr,ens. on August 3,1, 2017 at 0731. hours. was attending the BSCC course. One call was to Administrator Behrens' desk and the other to his work cellphone. The calls lasted one minute. 110. scheduled Internal Affairs Interview for October 25, 2018, at 1630 hours. On October 24, 2017, advised h-is representative had a scheduling conflict. The interview was r,escheduled for November 1, 2018 .. 111 112. scheduled lntemal' Affairs interview for November 1, 2018, at 1630 :hours. On November 1, 2018, .Attomey Trott notified that he and would be INVESTIGATOR NOTES -INTERNAL AFFAIRS CASE #ADM2017-0051 May 3t 2018 Page 34 unable to conduct the interview. rescheduled the interview • with for November 8, 2018. 113. On November 8, 2018, was interviewed. stated in his interview he believed he may have participated in the sleep 114. stated in his Internal Affairs interview that he was not sure if he submitted overtime to sign the court overtime slips and that he may had participated in the sleep schedule for the staff meetings. examined an overtime report with the date range of 4/1/17-4/30/18. located serval dates that submitted an hour of overtime and or 13 hours. examined timecards and overtime cards related to the one hour of overtime and or 13 hours. did not locate any dates that submitted overtime to sign the court overtime slips. examined an overtime report and timecards for the 6/22/17 and 10/12/17 staff meetings. On 6/22/17 he submitted 2 hours of scheduled hours to complete his scheduled hours for the week. His timecard documented four hours of overtime (Staff meeting lasted approximately 4 hours 31 minutes) for the 6/22/17 staff meeting. His timecard for 10/12/17 documented 5.5 hours of overtime for the staff meeting with no scheduled hours (Staff meeting lasted approximately 5 hours and 15 minutes). 115 - INVESTIGATOR NOTES -INTERNAL AFFAIRS CASE #AIOM2017~0051 May 3, 2018 Page 35 116. examined Outlook event calendar (Addendum #61 Outlook Cafendar) from April 5, 2017 -May 3 1 2018. compared dates that left early or did not have AWIO activity on dates he submitted scheduled hours and court ,affairs overtime. INVESTIGATOR NOTES-INTERNAL AFFAIRS CASE #ADM2017-0051 May 3, 2018 Page 36 117 118 119 120 121. On January 22, 2019, Commander Cox attempted to contact for an interview. phone went to voicemail and a message was left. 122. On January 28, 2019, examined personnel file an located a memorandum addressed to him advising he would be assigned to the jail division beginning October 1, 2016 on a 90- day rotation. located a weekly follow-up report dated November 8, 2016, for IOD employees that documented was off work and unable to work light duty. Per Tiburon, was assigned to the jail division between October 1 -28, 2016. 123. examined the Tiger Text (TT) metadata (Addendum #6 Spreadsheet) between Administrator Behrens and (April 4, 2017 -May 3, 2018). discovered that there were 883 read text messages between the two outside of AWID work day hours (to include AOTC, booking overtime, BSCC classes with 0800 to - ' INVESTIGATOR NOTES~ INTERNAL AFFAIRS CASE #ADM2017-0051 May 3. 2018 Page 37 1700 hours, no scheduled hours, holidays1 banked leave and vacation). Giving 30 seconds for each text message, the total, amounted to 7 hours 21 minutes and 30 seconds. 124. examined Administrator Behr,ens' TT metadata for text messages he, sent to prior to flrst AWID entry between April 4, .2017 -May 3, 2018. discovered Administrator Behrens sent five TT messages to Administrator Behrens: • 5/30/2017 5:07 • 6/22/2017 5:15 • 6/22/2017 5:51 • 7/31/20175:09 • 10/16/20t7 4:19 City of Long Beach Memorandum Working TogetlHlr to Serve Date: September 25, 2018 To: Lloyd Cox, Commander, Internal Affairs Division From: Sergeant, Internal Affairs Division Subject: WITNESS LIST -INTERNAL AFFAIRS CASE #ADM2017-0051 Name Interview Date/Time Storage Media 1. August 1, 2018 CD 1050 hours 2. August 2, 2018 CD 1305 hours 3. August 6, 2018 CD 1509 hours 4. August6,2018 CD 1638 hours 5. August 6, 2018 1713 hours August 15, 2018 CD 1705 hours December 6, 2018 1622 hours 6. August 8,2018 CD 1800 hours 7. August 13, 2018 CD 1220 hours 8. August 15, 2018 CD 1146 hours 9. August 23,2018 CD 1004 hours WITNESS LIST-INTERNAL AFFAIRS CASE #ADM2017-0051 September 25, 2018 PAGE2 10. August 28, 2018 l 1225 hours 11. September 41 2018 1436 hours 12. September 6, 2018 1404 hours 13. S~ptember 20, 2018 1015 hours 14. Behrens, Thomas -Administrator -Accused DID #10886 October 4, 2018 Jail Division 1305 hours Ext. 7335 15. October 16, 2018 1434 16. November 08, 2018 1641 17. January 25, 2019 1005 CD CD CD CD CD CD - CD CD