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179-1998 LTC C~TY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 hItp:\\cI.m/aml-be8ch.n.... L.T.C.No.179-1998 LETTER TO COMMISSION December 24, 1998 TO: Mayor Neisen O. Kasdin and Members of the City Co . ssion FROM: Sergio Rodriguez City Manager SUBJECT: Newspaper Story on Officer Jose Quintana Attached please find a memo addressed to me from Chief Richard Barreto concerning articles en Officer Jose Quintana that may be published in the Miami Herald and New Times. Thank you. SRrr attachment \$aI1\1tc98\artic1e m MIAMI BEACH POLICE DEPARTMENT ( [ '. " . I. 3 " \ . ". i ~ ",,' 'I 'I.... ' . - - TO: Sergio Rodriguez FROM: Richard Barreto~" DATE: December 15, 1998 SUBJECT: Newspaper Story (New Times) Dear Sir: I have learned that the New Times plans on publishing an article involving Officer Jose Quintana, a police officer with this agency. I am writing this memo so that you may be aware of his background, as the article may be less than flattering to either Ofc. Quintana or the City of Miami Beach. Ofc. Quintana is presently employed as a police officer in the Patrol Division, assigned to the South District afternoon shift. Officer Quintana was first employed as a police officer by the Miami Beach Police Dept. in 1990. He had no previous police experience. He had served as an officer in the United States Army prior to attending the police academy and being selected for employment by our agency. Since his employment, he has been the subject of numerous Internal Affairs complaints as well as the recipient of numerous commendations for meritorious action. Departmental records indicate that Officer Quintana has been the subject of at least 32 complaints of discourtesy and excessive force since his employment by this City. Records also indicate that he has had only one substantiated Internal Affairs investigation. Most of the other cases concluded with a finding that the officer was exonerated in his actions; that the allegations were unfounded; or they were administratively closed when the complainant would not give a sworn statement to investigators. Since his employment, Officer Quintana has also received 10 letters from citizens and other agencies commending his actions. Supervisors that dealt with Ofc. Quintana officially commended him for his actions at least 20 times. Ofc. Quintana was Officer of the Month in October 1993 and November 1993. His most recent performance evaluation documents (as previous ones have) that Officer Quintana is one of the most productive and proactive police officers in our agency. Officer Quintana is a member of the City of Miami Beach Personnel Board and a board member of the Hispanic Police Officers Association. \ During his employment with our agency, Ofc. Quintana has been the subject of repeated disciplinary action. He has been warned in counselling sessions as early as 1995 about his performance while on and off duty. In January 1997, he was suspended from employment for 27 work days and suspended from off duty employment for six months after an Internal Affairs investigation found that he was guilty of numerous violations involving his court attendance and off duty employment. During the determination of proper discipline in that incident, many persons from wi thin and outside our agency came to the defense of Officer Quintana and I believed that perhaps he could still be an asset to the City of Miami Beach and decided against termination. Since that incident, he has recently again been suspended. In November of this year, Ofc. Quintana was suspended from employment for four days, and his ability to work off duty employment again suspended for six months. In this case, he was suspended because he had received a number of reprimands from supervisors for insubordination, court attendance violations, and other minor offenses over the past year. It is unknown what exact direction the New Times article will take but their reporters have reviewed Ofc. Quintana's Internal Affairs and personnel records. I do not expect the article to be complimentary of him or the Department. Respectfully submitted, Miami Beach Police Department - INTERNAL AFFAIRS Internal Affairs Profile Sheet Employee Name & Rank JOSE QUINTANA OFFICER JOSE QUINTANA Police Officer -------------- -------------- Count: Printed 12/15/98 Date Hired Assignment & Shift \ ------------ // Patrol 3 03/02/90 Patrol 1 03/02/90 Patrol 2 03/02/90 Patrol 3 '" Case # & Date 97-048 12/18/97 91-065 07/09/91 91-085(4 ) 08/29/91 92-057 07/28/92 92-062 09/28/92 93-007(1 ) 03/08/93 93-009(1 ) 06/08/93 91-052 06/02/91 94-049 12/14/94 Complaint Conclusion C R C Excessive use of physical force/Illegal search of vehicle. EXONERATED UNFOUNDED y Minor complaints of physical force Commission of a UNFOUNDED Y crime Excessive use UNFOUNDED Y of physical force Excessive use UNSUBSTANTIATED Y of physical force Excessive use UNSUBSTANTIATED Y of physical forceiDiscourte sy Excessive use UNSUBSTANTIATED Y of physical force Excessive use of physical force EXONERATED Y OFFICIAL MISCONDUCT UNFOUNDED Y SUBSTANTIATED Y 95-014 OTHER LESSER 04/11/95 VIOLATIONS OF MB RULES 98-017 06/01/98 Excessive use of physical force/Falese Arrest EXONERATED --------------- --------------- = 11 ------------ -------- --------------- ------------ -------- --------------- Page 1 Miami Beach Police Department - INTERNAL AFFAIRS Shift Level Profile Sheet Employee Name & Rank JOSE QUINTANA Officer JOSE QUINTANA Police Officer -------------- -------------- Count: Printed 12/15/98 Date Hired Assignment & Shift Case # & Date Complaint Conclusion C R C ------------ -------- --------------- --------------- // patrol.3/ 97-020 Discourtesy / 07/22/97 ~ // Technical Services 3 03/02/90 Patrol 3 98-008 02/20/98 96-049 12/03/96 Discourtesy Discourtesy 97-010 Discourtesy 04/30/97 93-064 Other lesser 11/20/93 violations of MB rules 95-004 01/27/95 98-012 03/31/98 Other lesser violations of MB rules Discourtesy CLOSED EXONERATED CLOSED CLOSED UNFOUNDED 1) UNSUBSTANTIATED , 2 ) EXONERATED, 3) UNSUBSTANTIATED UNSUBSTANTIATED ------------ -------- --------------- --------------- ------------ -------- --------------- --------------- 7 Page 1 Miami Beach Police Department - INTERNAL AFFAIRS General Investigation Profile Sheet Employee Name & Rank Date Hired Assignment & Shift Case # & Date Complaint ------------ -------- --------------- --------------- Conclusion C R C JOSE QUINTANA POLICE OFFICER // Technical 95-085 Other lesser UNFOUNDED Services 3 03/06/95 violations of MB rules 03/02/90 Patrol 3 03/02/90 Technical Services 2 03/02/90 Technical Services 3 95-043 (1 ) 04/11/95 95-046(1 ) 02/13/95 Excessive use of physical force CLOSED CLOSED CLOSED/REDUCE FROM IA 95-016 o Minor complaints of physical force 95-082(1 Theft ) 04/11/95 95-040(3 DISCOURTESY ) 04/05/95 95-044 Excessive use 04/04/94 of physical force CLOSED CLOSED -------------- -------------- ------------ -------- --------------- --------------- ------------ -------- --------------- --------------- Count: Printed 12/15/98 6 Page 1 Miami Beach Police Department - INTERNAL AFFAIRS Miscellaneous Profile Sheet Employee Name & Rank Date Hired Assignment & Shift Complaint ------------ -------- --------------- --------------- Conclusion C R C Case # & Date JOSE QUINTANA Police Officer 03/02/90 91-MISC Excessive use CLOSED Patrol 3 07/30/91 of physical force 92-MISC Excessive use 02/11/92 of physical force 92-MISC Minor 02/25/92 complaints of physical force 92-MISC Minor 11/12/92 complaints of physical force 92-MISC Excessive use 11/20/92 of physical force 92-MISC Other lesser 12/30/92 violations of MB rules 94-MISC 04/12/94 EXCESSIVE USE OF PHYSICAL FORCE 94-MISC MINOR 08/23/94 COMPLAINTS OF PHYSICAL FORCE 94-MISC EXCESSIVE USE 09/20/94 OF PHYSICAL FORCE CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED Y CLOSED CLOSED Count: 9 ------------ -------- --------------- --------------- ------------ -------- --------------- --------------- -------------- -------------- (~ ~- Printed 12/15/98 Page 1