r I

I
I ._

:>-,'

s :"

CITY OF MIAMI BEACH, FLORIDA
Human Resources Department INTENT TO DISCIPLINE TO: Alberto Estraviz

Page 1 of?

. Date: October

If

,2011

You are hereby notified of the intent of the City of Miami Beach to take the disciplinary action described below. The final decision to proceed with this disciplinary action will follow your opportunity to appear at a predetermination hearing. Suspension Reduction in Pay _ [X] [] Name: Alberto Address: Estraviz #13745

1100 Washington Ave. Miami Beach, FL 33139 Sergeant Police

Reduction Removal

in Class

[] []

Classification: Status:

REGULAR

DISCIPLINARY ACTION: Pursuant to and in violation of the charges listed below you are under consideration to be suspended without pay from your position with the City of Miami Beach for 80 work hours (8 work days x 10 hour day 80 hours). In accordance with Personnel Rule X, Section 1(a), any Appointing Officer may suspend an employee in the Classified Service at any timefor the good ofthe service, for a disciplinary purpose, or for other just cause.

=

CHARGES: CHARGE I Miami Beach Police Department (MBPD) Manual. Department Rules and Regulation (DRR) #2.9.3. Commanding Officers: Commanding officers shall be responsible for supervision of roll-calls for employees during their hours of duty, and shall be responsible for inspection of the employees of their commands, and for determining their fitness for duty of same; the communication of all information and orders; the giving of requested instructions and advice, notation and reporting of illnesses, absentees, and tardiness; notation and reporting of any want of cleanliness or neatness in person or in uniform and the correction of any negligence in attire, and the inspection of all equipment, including arms and ammunition, to determine if the same is in good working order. The responsibilities herein outlined may be delegated, but such delegation shall not relieve such commanding officers of the responsibility for the neglect of duty or inefficiency of the employees to whom such responsibilities are delegated. CHARGE II Miami Beach Police Department (DRR) # 6.28.3.34. Conduct Unbecoming: Has failed to properly supervise subordinates. (MBPD) Manual. Department Rules and Regulation

CHARGE III: Personnel Rule X. Section 2(b) 3. Conduct Unbecoming Has been guilty of conduct unbecoming an employee of the City. SPECIFICATIONS: You are presently employed as a Sergeant of Police with the City of Miami Beach Police Department, Patrol Division. You were promoted to the position of Lieutenant on November 11, 2010, subject to a 9 month probationary period. On July 18, 2011, you were returned to the position of Sergeant for failing to meet expectations during your probationary period as a Lieutenant. Prior to that, you were employed as a Miami Beach Police Officer since October 1, 1990.

Distribution:

Original: -Human Resources Department Copies: -Employee -Department

CITY OF MIAMI BEACH, FLORIDA
Human Resources Department INTENT TO DISCIPLINE TO: Alberto Estraviz

Page 2 of?
Date: October

i! , 2011

Prior to July 18, 2011, you performed supervisory duties and responsibilities in your capacity as a Lieutenant in the Patrol Division. As a Lieutenant and commanding officer, you were required to direct and coordinate patrol activities. In doing so, you were required to monitor radio communications to stay abreast of patrol operations. You were further responsible for the supervision of roll-call as a Lieutenant in the Patrol Division. You were responsible for the communication of all information and orders to your subordinate officers at roll call. You were also responsible for ensuring that time worked, absences, and tardy arrivals were properly documented. Although your responsibilities may have been delegated to sergeants, you were ultimately responsible for the neglect of duty or inefficiency of your sergeants (see ORR 2.9.3, Commanding Officers). (Exhibit 1). On Saturday, July 3,2011, you were scheduled to work as a first platoon supervisor in your capacity as a Lieutenant from 10:30 p.m. (on July 2,2011) to 8:30 a.m. (on July 3,2011) on the midnight shift. You were responsible for supervising Sergeant Michael Muley and Sergeant Mishart Torres. Sergeant Muley and Sergeant Torres were responsible for supervising ten first platoon police officers on regular patrol and three first platoon police officers on a special all-terrain vehicle ("ATV") detail in the south district. Due to the busy July fourth holiday weekend, 12 additional police officers and one sergeant (Sergeant Vicente San Roman) were assigned to work overtime in the entertainment district (within the south district) on July 3, 2011. (Exhibit 2 and 3). Lieutenant Jerome Berrian was also scheduled to work as a first platoon supervisor from 10:30 p.m. (on July 2, 2011) to 8:30 a.m. (on July 3,2011) on the midnight shift. Lieutenant Berrian was responsible for supervising Sergeant Manuel Moraga, a first platoon supervisor on the midnight shift. Sergeant Moraga was directly responsible for supervising six first platoon police officers in the middle district and six first platoon police officers in the north district of the City. (Exhibit 3). Police officers assigned to the first platoon on July 3,2011, were scheduled to work from 11:00 p.m. (on July 2, 2011) to 9:00 a.m. (on July 3,2011) and required to report to the Miami Beach Police Station at 11:00 p.m. (on July 2,2011) for roll call. On July 2, 2011, Lieutenant Berrian did not report for duty at 10:30 p.m. and missed the 11 :00 p.m. midnight shift roll call. Lieutenant Berrian was at a party and allegedly notified you that he would be late via a text message. According to his statement to Internal Affairs, Lieutenant Berrian arrived to work after roll call and possibly after midnight. Lieutenant Berrian did not document the time he arrived or adjust his Telestaff time record to reflect his tardiness. (Exhibit 2). At 11 :00 p.m., Sergeant Moraga conducted roll call using a shift roster with the names and unit numbers of the supervisors and officers assigned to the south, middle, and north districts on the midnight shift (see Exhibit 4). You, Sergeant Muley, and Sergeant Torres were present at the roll call. You were responsible for overseeing roll call for the July 3, 2011 midnight shift. You were required to review the roll call shift roster (see Exhibit 4) and ensure that staffing levels were met in the south, middle, and north districts. You were accountable for the operational concerns of your assigned district, the south district. You were also accountable for the operational concerns of the middle and north districts in the absence of Lieutenant Berrian. You were accountable for the supervisory duties delegated to your subordinate, Sergeant Muley. You were accountable for the supervisory duties delegated to Sergeant Moraga in the absence of Lieutenant Berrian. (Exhibit 2). On July 3,2011, Officer Derick Kuilan, Unit 789, was assigned to work the first platoon in the south district on the ATV detail under your supervision pursuant to your chain of command. Officer Kuilan was not at
Distribution: Original: -Human Resources Department Copies: -Employee -Department

CITY OF MIAMI BEACH, FLORIDA
Human Resources Department INTENT TO DISCIPLINE TO: Alberto Estraviz roll call. Despite the busy holiday weekend (which required the assignment Sergeant Muley allowed Officer Kuilan to complete a S.W.A.T. workout at the delayed his in-service time by over an hour. In doing so, Sergeant Muley failed assignments in breach of his supervisory responsibilities. You were ultimately Muley's failure to properly prioritize work assignments. (Exhibit 2 and 3).

Page 3 of? Date: October·( f , 2011

of 12 overtime officers), beginning of the shift that to properly prioritize work responsible for Sergeant

As provided by the shift roster (see Exhibit 4), Officer Rolando Gutierrez, Unit 845, was assigned to work on his regularly scheduled shift, the first platoon, in his regularly assigned area, the middle district, under the supervision of Lieutenant Berrian and Sergeant Moraga. Prior to the first platoon roll call at 11:00 p.m., Officer Gutierrez called Sergeant Moraga to say that he would be late. During that conversation, Sergeant Moraga told Officer Gutierrez that he was assigned to the middle district "as usual" (see Exhibit 3, p. 12). When Officer Gutierrez's name was called during roll call, you heard that he was running late (see Exhibit 5, p. 8). Two radio channels separated the south district calls (channel one) from the middle and north district calls (channel two). You were required to monitor the south district calls on channel one. You were also required to monitor the middle and north district calls on channel two during in the absence of Lieutenant Berrian. In addition to the radio communications, you had access to the Computer Aided Dispatch (CAD) system to monitor the location and activities of the south, middle, and north units. (Exhibit 2 and 3). During most of the shift, Officer Gutierrez's unit number was not referenced by the dispatcher on channel two. Sergeant Moraga never confirmed that Officer Gutierrez arrived in the middle district and was inservice in the middle district after Officer Gutierrez's late arrival at 11 :44 p.m. Upon Lieutenant Berrian's arrival at an unknown time, possibly after midnight, he also failed to inquire as to Officer Gutierrez's ( whereabouts. However, from the beginning of the shift and in the absence of Lieutenant Berrian, you were responsible for Sergeant Moraga's gross negligence in failing to confirm that Officer Gutierrez arrived and was in-service in the middle district. (Exhibit 2 and 3). In fact, Officer Gutierrez was forty-four minutes late and reported for duty in your assigned district, the south district, instead of the middle district. At 11:44 p.m., Officer Gutierrez advised the dispatcher on channel one that he was in-service ("09"). From 12:49 a.m. to 4: 11 a.m., Officer Gutierrez responded to calls with Officer Kuilan in the south district. Despite your supervisory duties over the south district, you did not ascertain why Officer Gutierrez was responding to calls in the south district with your subordinate, Officer Kuilan, for several hours as indicated by the radio transmissions you were responsible for monitoring on channel one. (Exhibit 2 and 3). There were numerous transmissions between Officer Gutierrez and the channel one dispatcher as follows (see Exhibit 3): July 2.2011: 11:44 hours: Officer Gutierrez advised signal 09 (in service) on the police radio. 11:45 hours: Officer Gutierrez was dispatched to 550 9th Street in reference to a signal 14 (investigation). 11:46 hours: Officer Gutierrez arrived at 550 9th Street. 11:49 hours: Officer Gutierrez cleared the call and advised signal 09 (in service); then initiated a traffic stop in the 200 block of 11thStreet. July 3.2011: 12:25 hours: Officer Gutierrez cleared the traffic stop and advised signal 09 (in service).
Distribution: Original: -Human Resources Department Copies: -Employee -Department

CITY OF MIAMI BEACH, FLORIDA
Human Resources Department INTENT TO DISCIPLINE TO: Alberto Estraviz

Page4 of? Date: October

II

,2011

12:38 hours: Officer Gutierrez initiated another traffic stop in the 100 block io" Street. 12:49 hours: Officer Gutierrez cleared the traffic stop and advised signal 09 (in service); then dispatched to a signal 32 (battery) at 800 Ocean Drive. 12:52 hours: Officer Gutierrez arrived at 800 Ocean Drive. 1:13 hours: Officer Gutierrez cleared the call and advised signal 09 (in service); then dispatched to 1020 Ocean Drive in reference to a signal 32 (battery). 1:15 hours: Officer Gutierrez arrived at 1020 Ocean Drive. 1:29 hours: Officer Gutierrez changed the location to 918 Ocean Drive. 2:26 hours: Officer Gutierrez cleared the call and advised signal 09 (in service); then responded by the radio to 100 Collins Avenue in reference to a signal 32 (battery). 2:29 hours: Officer Gutierrez cleared the call and advised signal 09 (in service). 2:31 hours: Officer Gutierrez was dispatched to 161 Collins Avenue in reference to a 911 hang up. 2:33 hours: Officer Gutierrez arrived at 161 Collins Avenue ("911 drop-off' call). 4:11 hours: Officer Gutierrez cleared the "911 drop-off' call and advised signal 09 (in service). (Exhibit 3). As provided above, at 2:31 a.m., Officer Gutierrez responded to a "911 drop-off' call at 161 Collins Avenue and remained on the call with Officer Kuilan for an hour and forty minutes. Sergeant Muleywas monitoring radio transmissions on channel one and responded to the location of the "911 drop-off' call at 2:30 a.m. Sergeant Muley did not exit his police vehicle but claimed to have observed Officer Kuilan on an ATV. He did not, however, recall seeing Officer Gutierrez. Officer Gutierrez and Officer Kuilan spent an excessive amount of time (one hour and forty minutes) on the routine "911 drop-off' call. At 4:11 a.m., Officer Gutierrez cleared the call with a "no report" and advised "signal 09" (in service). A few minutes earlier, at about 4:00 a.m., you left early due to illness (Exhibit 2 and 3). You admittedly heard Officer Gutierrez "on the radio throughout the night" (see Exhibit 5, p. 9). However, neither you nor Sergeant Muley ascertained why the "911 drop-off' call took so long. Moreover, despite your supervisory duties over the south district, neither you nor Sergeant Muley ascertained why Officer Gutierrez was responding to calls in the south district with your subordinate, Officer Kuilan, for several hours as indicated by the radio transmissions monitored by you on channel one. (Exhibit 3). Following your departure at 4:00 a.m., Lieutenant Berrian was responsible for all three districts. Shortly thereafter, at 4:20 a.m., Sergeant Moraga discovered that Officer Gutierrez was in service in the south district. In turn, Sergeant Moraga called Officer Gutierrez on his cell phone and directed him to "go 09 to the middle asap" (report to the middle district as soon as possible). However, Sergeant Moraga did not confirm that Officer Gutierrez arrived in the middle district and was in-service in the middle district. In fact, Officer Gutierrez remained in the south district for over an hour following Sergeant Moraga's directive. (Exhibit 3). At about the same time, 5:00 a.m., Officer Gutierrez and Officer Kuilan were at the Clevelander in the south district (1020 Ocean Drive), socializing with a group of women. The women were having a bachelorette party for Ada Martin. According to one of the women, Jamie Aldinger, Officer Gutierrez and Officer Kuilan were dancing and drinking alcohol with them at the Clevelander in their police uniforms. Ms. Aldinger took a photograph of Officer Gutierrez and Officer Kuilan with the women at the Clevelander (see Exhibit 7; also see Exhibit 3). Shortly thereafter, Officer Kuilan took Ms. Martin for a ride on the back of his police-issued ATV along the shoreline in South Beach. At the shoreline and 4 Street, Officer Kuilan struck two pedestrians head-on. The pedestrians sustained serious injuries. At 5:13 a.m., Officer Kuilan notified the dispatcher that he
Distribution: Original: -Human Resources Department Copies: -Employee -Department

CITY OF MIAMI BEACH, FLORIDA
Human Resources Department INTENT TO DISCIPLINE TO: Alberto Estraviz

Page 5 of? Date: October

'f

,2011

needed a rescue crew. At 5:15 a.m., the dispatcher sent a simultaneous broadcast on channels one and two to all units in reference to the need for emergency assistance. (Exhibit 3). At 5:41 a.m., Officer Gutierrez notified the channel one dispatcher that he would "now be 09 now (inservice) in the middle" (see Exhibit 3). Officer Gutierrez had remained in the south district for one hour and twenty minutes despite Sergeant Moraga's directive at 4:20 a.m. to go to the middle district "asap." Again, Sergeant Moraga did not verify that Officer Gutierrez arrived and was in-service in the middle district shortly after his 4:20 a.m. directive. Prior to your 4:00 a.m. departure, you had a supervisory responsibility to coordinate patrol activities and ensure proper staffing in the south district. Despite your supervisory responsibility, you did not ascertain why Officer Gutierrez was in-service in the south district (covered by an additional 12 officers on overtime) for most of the midnight shift. Your failure to direct and coordinate patrol activities prior contributed to Officer Gutierrez's ability to remain unsupervised in the south district for most of his shift. During that time, Officer Gutierrez accompanied Officer Kuilan on calls and consumed alcohol while on duty with Officer Kuilan, as confirmed by subsequent positive test results (see Exhibit 3). Although certain responsibilities were delegated to Sergeant Muley, you were ultimately responsible for the south district immediately prior to your departure at 4:00 a.m. In addition, you failed to ensure that Officer's Gutierrez's TeleStaff time record reflected his tardiness for the July 3,2011 midnight shift. As the commander over Officer Gutierrez at the beginning of the shift, you were ultimately responsible for ensuring that his time and attendance was accurately reflected on Telestaff time records. Sergeant Moraga also failed to ensure that Officer Gutierrez's Telestaff time record reflected his tardiness. In fact, Sergeant Moraga did not ensure that his own Telestafftime record was adjusted to reflect that he left at 6:09 a.m., close to two and a half hours before the end of the July 3 midnight shift. As a result, Sergeant Moraga was compensated for the entire ten hour shift. As previously mentioned herein, Lieutenant Berrian did not adjust his Telestaff time record to reflect his tardiness for the July 3, 2011 midnight shift. Lieutenant Berrian was also compensated for the entire ten hour shift and received overtime as well. (Exhibit 2 and 3). The aforementioned undocumented time and attendance resulted in an investigation of the midnight shift supervisors' time and attendance from March 1,2011 to June 30, 2011 (you were assigned to work as a Lieutenant on the midnight beginning April 29, 2011). During the aforementioned time period, you departed early or arrived late a combined total of 3 hours and 21 minutes but received full compensation (see Exhibit 2). During your investigation with Internal Affairs, you stated that your time was adjusted for extra hours worked. You had e-mails with you that you did not produce to Internal Affairs but referenced in support of your contention. You stated: " ... if you actually go minute-by-minute just on, on the e-mailsthatlsentonmyowntime.um. I probably am owed much more time than I've taken. I have e-mailshereatmydaysoff ... But.urn, you know, as far as I'm aware ... these issues with ... time adjustments and/or rewards have been limited. It's not. ..a right that, that officers have. It's been ... and they're sat down and told ... this is in exchange for that. .. I'm not aware of any abuses ... " (Exhibit 6, p.10-11). Based on your nominal amount of "owed time," you were not charged with misconduct. The investigation did, however, reveal that on June 5, 2011, you made an entry in the Telestaff database documenting that Lieutenant Acosta was present for the shift covering June 2, 2011 (see Exhibit 8). However, in his sworn statement to Internal Affairs, Lieutenant Acosta stated acknowledged that he did not
Distribution: Original: -Human Resources Department Copies: -Employee -Department

CITY OF MIAMI BEACH, FLORIDA
Human Resources Department INTENT TO DISCIPLINE TO: Alberto Estraviz

Page 6 of? Date: October

II

,2011

work on that shift. As a result of your negligence, Lieutenant Acosta received 10 hours of compensation for which he was not entitled. (Exhibit 2). Your unbecoming conduct in the performance of your supervisory duties, inclusive of your failure to properly coordinate and supervise patrol activities on July 3,2011, and your failure to accurately reflect the time and attendance of your subordinates and peers on Telestaff (resulting in the receipt of compensation without entitlement), supports your suspension without pay for 80 hours. PRIOR DISCIPLINE: None.

THEREFORE, BASED ON THE ABOVE CHARGES AND SPECIFICATIONS, YOU ARE HEREBY NOTIFIED OF THE INTENT OF THE CITY OF MIAMI BEACH TO TAKE THE DISCIPLINARY ACTION DESCRIBED HEREIN. ,THE FINAL DECISION TO PROCEED WITH THIS DISCIPLINARY ACTION WILL FOLLOW YOUR OPPORTUNITY TO APPEAR AT A PREDETERMINATION HEARING. If you wish to respond to this intent to discipline before the disciplinary action becomes final, you may do so with the Chief of Police an.9 your union or legal representative at a predetermination hearing to be held on Dc.-+b\:)er ~ 17,2011, at ifeb a.m.~at the Miami Beach Police

Department,Office ofthe Chi~'
Employee's signature: ~ ,-

11 00 waShln~v~.,
Date:

Miami Beach,Florida 33139.

frY/ {( t /1

Distribution:

Original: -Human Resources Department Copies: -Employee -Department

CITY OF MIAMI BEACH, FLORIDA
Human Resources Department INTENT TO DISCIPLINE TO: Alberto Estraviz

Page 7 of7 Date: October

II, 2011

INTENT NOTICE SERVED UPON: FOR THE OFFICE OF THE CITY ATTORNEY: Approved as to form and language and for execution: (Name of Employee) By Mail,__ This the Personally ~ _

if

day of-=~

2011
At~. FOR THE POLICE DEPARTMENT

FOR THE HUMAN RESOURCES (Printed Name of Server)

DEPARTMENT:

Ramiro Ingua Director of Human

0

Distribution:

Original: -Human Resources Department Copies: -Employee -Department

Sign up to vote on this title
UsefulNot useful