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007-2007 Status of Internal Affairs Investigation - Peter Friedman OFFICE OF THE CITY MANAGER TO: Jerry Libbin, Commissioner FROM: Jorge M. Gonzalez, City Manager ,~-~ DATE: July 17, 2007 SUBJECT: Status of Internal Affairs Investigation -Peter Friedman MEMORAN[~UI~1, 0 007-2007 ,`,~ ~ L ~ C r rr- r'7 -..i u~ ~ 0 -~ ~- -„ .. -,,~ i-n j i'71 This memorandum is in response to your inquiry regarding the status of the Internal Affairs (IA) Investigation resulting from a complaint by Mr. Peter Friedman. As you know, the Internal Affairs Unit is charged with investigating all complaints filed against Police Department personnel. In order to ensure an unbiased outcome to these proceedings, IA investigations are conducted in a manner that is both thorough and sensitive to the complainant as well as personnel A recent staff inspection confirmed that Internal Affairs Investigation is compliant with established timelines for the handling of both Intemal Affairs and Shift Level Investigation cases. Pursuant to state law, the Police Department mails a certified letter to each complainant outlining the findings of the case. The complainant can inquire as to those findings and receive a copy of the report pursuant to public record laws. Mr. Friedman's complaint resulted in a Shift Level Investigation regarding an incident on April 3, 2007. As the case is now closed and the accusation that officers were unprofessional has been found unsubstantiated, the facts can be discussed. On April 3~d, officers were dispatched to Mr. Friedman's neighbor on a criminal mischief call. Mr. Friedman had destroyed fence posts that had been put in place by the neighbor for a new fence. Code Enforcement was on scene and stated that the neighbor had all the correct paperwork to establish a legal and proper fence on his property. Mr. Friedman admitted destroying the posts because he felt that his neighbor should move it back a few more feet. Officers were faced with having to arrest Mr. Friedman for criminal mischief. The neighborwas willing to forego having Mr. Friedman criminally charged if he would pay cash on scene for the damage. This all occurred before a religious holiday. Officers spent two (2) hours facilitating a compromise between Mr. Friedman and his neighbor, and the neighbor agreed to change his demand to be paid in cash to receiving a check for $600 for damages. Mr. Friedman made a complaint with Internal Affairs on April 17, 2007, claiming that the money was extorted from him and that the officers were extremely unprofessional. There was no basis for the extortion claim, as the officers were legitimately on .the scene investigating a criminal case. There was no indication that the officers would benefit in any way from the disposition of the case. There was nothing to indicate that the officers had any allegiance to the neighbor or any prejudice against Mr. Friedman. The case was then assigned to be investigated for discourtesy/unprofessional behavior at the shift level, pursuant to standard policy. We are committed to providing excellent public service and safety to alt who live, work., and play in our vibrant, Tropical, historic community. As required by state law, Mr. Friedman received notice in the mail of the findings of the investigation on July 7, 2007. In addition, both Captain Lou Fata and Major Bill Riley spoke to Mr. Friedman at length regarding the case on July 12~'. Mr. Friedman has since indicated his displeasure of the case being investigated by the officers' supervisor, Sgt. Mendoza. Sgt. Mendoza interviewed people involved with the case and his findings were based on the statements of people that were not directly related to Mr. Friedman or the other party. Sgt. Mendoza's findings were then reviewed by his chain of command and all parties agreed that any allegation of discourtesy or unprofessional behavior on the scene could not be substantiated. If you have any questions or need any additional information, please feel free to contact me. C: Mayor and City Commission Carlos Noriega, Acting Chief of Police JMG/dm F:\cmgr\$ALL\JORGEGON\MEMOS\LIBBIN- IA Investigation.doc We are commiBed to providing excellent public service and safety to all who live, work, and play in our vibrant, Tropical, historic community.