North Miami Police Chief Leonard Burgess sure has some ‘splainin’ to do!

On July 18, 2014, Sergeant Joseph Kissell issued a Notice of Disciplinary Action submitted by the Disposition Panel, sustaining the allegations contained in Internal Affairs Investigation Case Number 2014-02 against Officer Jodlyn Antoine.

You can read the whole thing for yourself, but in a nutshell, the Disposition Panel basically said that all the accusations against Antoine were upheld.

In its deliberation, the Disposition Panel took into account the Internal Affairs investigation, including interviews with witnesses; reviews of police logs, incident reports, police reports, telephone records, FDLE Transaction Archive Reports, and satellite photographs; as well as meetings with a State Attorney, a union lawyer and police officers.

The Internal Affairs Investigation was completed by June 6, 2014, at which time Officer Jodlyn Antoine and the Police Benevelent Association’s Attorney met to review the file, “including all documents and evidence contained therein,” according to the Report.

Internal Affairs Investigator Sergeant Rafael Estrugo then submitted his findings to the Disposition Panel for its review of Antoine’s alleged violations of North Miami Police Department Procedures, North Miami Police Department Rules and Regulations, as well as the City of North Miami Administrative Regulations.

The Panel revisited allegations that Officer Antoine used the police database unlawfully for his personal use, wore his uniform outside of official police duty, and used his take home police car outside of official police duty.

A little over a month later, the Disposition Panel completed its review, and concurred that all of the allegations made against Officer Antoine were SUSTAINED.

Based on all of these findings, on behalf of the Disposition Panel, Sergeant Joseph Kissel recommended a Disciplinary Action of “TERMINATION!”

But, wait!  THERE’S MORE!

The North Miami Police Department’s Disposition Panel further noted that on June 11, 2012, LESS THAN TWO YEARS EARLIER, Officer Jodlyn Antoine was given a written reprimand for violations including the abuse of the police database and for using his laptop outside of work related purposes.

Both of these allegations were also SUSTAINED.

As further justification for its recommendation of TERMINATION, the Disposition Panel also noted a section of the Standard Operating Procedure which states that “An employee may be dismissed from the City’s employment when he/she has been previously disciplined, for an un-remedied behavior; repetition of serious offenses; or the first occurrence of a serious offense.”

Based on his history of “un-remedied behavior,” Officer Jodlyn Antoine appears to be the poster child for dismissal.

No brainer, right?

After all the time and effort that was spent investigating, researching, interviewing, deliberating and recommending by the members of the North Miami Police Department who take their jobs as law enforcement officers seriously, what did Police Chief Leonard Burgess do?

He unilaterally ignored all OFFICIAL RECOMMENDATIONS, including a directive by the City Manager, and cut a deal with the serial offender.

On December 8, 2014, Chief Burgess sent a letter to Officer Jodlyn Antoine noting that a “Predetermination Hearing was held at the North Miami Police Department on December 3, 2014, regarding the intent to terminate your employment based on the findings of the Internal Affairs Case No. 14-02.”

Instead of termination, Chief Burgess and Officer Antoine “agreed to accept a 30 day (300 hours) disciplinary suspension without pay.”

Only not all of it was “without pay.”  One hundred (100) of those hours, or 10 days, were to be deducted from his accrued Annual Leave.

Oh, and he lost the use of his take home car for six months.

Oh, and Officer Antoine could serve his 30 day suspension “every other week,” during the period beginning December 14, 2014 through February 14, 2015.

As of Valentine’s Day, thanks to Chief Leonard Burgess, Police Officer Jodlyn Antoine will be officially back on duty full time.

In uniform.

In his police car.

With his computer.

So he can start all over again.

CASE CLOSED.

If I had a chance to interview Chief Leonard Burgess, here are some of the questions I’d pose to him:

If the Disposition Panel issued its recommendation to TERMINATE Officer Antoine, why did you settle for a staggered thirty day suspension?

If the Panel’s Notice of Disciplinary Action was dated and signed by Sergeant Joseph Kissell on July 18, 2014, and signed by Antoine’s Commander and Major on July 24, 2014, why did you wait until SEPTEMBER 12, 2014 (or coincidentally right after the August 26, 2014 North Miami Special Election for Mayor) to sign it?

After you signed the Notice of Disciplinary Action on September 12, 2014, why did you wait until DECEMBER 3, 2014 to hold a Predetermination Hearing and then wait until  DECEMBER 8, 2014 (or coincidentally after the November 4, 2014 North Miami Run-Off Election for Mayor) to finally  impose discipline?

Can you explain why you waited FIVE WHOLE MONTHS to take action after the Disposition Panel issued its recommendation of TERMINATION on July 18, 2014?

Can you also explain to the North Miami taxpayers why Officer Antoine, who had been on paid administrative leave from March 27, 2014, continued to be paid to stay home until his suspension began on December 14, 2014, when you could have suspended him (or terminated him) without pay FIVE MONTHS EARLIER?

And finally, one last question, Chief Burgess.

Should the City of North Miami ever get sued by a potential victim of Officer Jodlyn Antoine, will you accept the full responsibility for his negligent retention?

Or will you let the buck whiz right by you again and try to blame someone else?

Okay, so that was two questions.  My bad.

I’d sure love for Chief Burgess to respond to those questions.

But, since I’m not Rotschill Anderson or  Ross Palombo, I’m not expecting an interview.

Especially  not now.  😆

Stephanie Kienzle
“Spreading the Wealth”