Monday October 3, 2016

-1030 hrs, meeting with Captain Marcy Cox and Sergeant V. L. Havens.

-Served with the Notice of Charges, ​exact​ same charges that I was served with before.

I have until tomorrow October 4​th​, 2016 at 1600 hours to provide my response….

She said that my original response was fine, if I just wanted to use that one all I had to do is let
her know via text message or phone call. If it changes, it needs to be to her before 1600 hrs.

Major Coleman will let me know exactly what time my chain of command review be soon, it will
go Thursday morning October 6​th​. Probably at Knutson Station. (update, just got a text message
from Sgt Langley, it will be at 0800 on Thurday at KS)

Capt. Cox also let me know I have a required meeting with LtCol Wayde Webb at 1315hrs on
Thursday October 6, 2016.

Went into a conference room escorted by Sergeant V.L. Havens and was provided one green
three ring binder, the PSU investigation. I asked where everything else was and Capt. Cox told
me that this is the only binder that was relevant, I said, what about the binder that had all the
details about the Stolen trailer… “you know, the investigation that was done on me where I
was relieved of duty” she said that it was not relevant, that was part of the audit that was
completed. (amazing! I got relieved of duty because of an audit) And where are the folders
from Captain Jason Leonard’s Audit?

As I sat there I looked over the Notice of charges again… should be identical right? Well it
was…
Except the Notice of Charges I received this time were missing pages 2, 4, 6 and 8.

I questioned this and Captain Cox went and got me a copy that included all of the pages, the
copy I received is not signed.

She handed me the one three ring binder, and pointed out to me what changes or additions
had been made. She directed me to Tab number 2, the supplemental Sergeant Matt Murray
did, (he called the people listed in my previous response to charges and asked them if they
helped me “Author” the document I submitted on May 2, 2016. And Tab Number 9 at the end
of the binder, A one page supplemental from Sergeant Troy Titzer on when I met with him on
May 2, 2016 asking for help.

TAB number 2… a supplemental report by Matt Murray, where he questioned people listed in
my original response. That summary is misleading, I noticed in the summary, the questions he
asked, were not written in there. The summary did have a sentence that stated all the phone
calls were recorded. So I asked for the recordings and I listened to each one.
(remember I am being babysat by Sergeant V.L. Havens the entire time)

I wanted the actual questions that were asked…

Here are quotes from the phone calls….

Sergeant Shane Rider

“Did you, did Simon Wade ever come to you looking for advice or direction and did you provide
him with any advice or direction or assist him in authoring a document?”

I didn’t quote his answer, of course it is no

Sergeant John Allen

“Did you read the document prior to him submitting it?”

I didn’t quote his answer, of course it is no

“Did he come to you for prior to his submitting it to the department, did he come to you for any
guidance, did you provide him with any instruction and, uh, or, to help him author that
document?”

I didn’t quote his answer, of course it is no, however, he did say he spoke to me about many of
the issues back in January of 2016

Niel Brooks

“Did you help him Author it”

I didn’t quote his answer, of course it is no

Sergeant Joe Campbell

“Did you help him write it or author it”

I didn’t quote his answer, of course it is no

Sergeant Satit “Tip” Gardner

“Did you give him any guidance on what to write or how to write it or help him author it in any
way?”

I didn’t quote his answer, of course it is no, however he did say that I went to him.
Captain Jason Leonard

“Did you help him author it?”

I didn’t quote his answer, of course it is no, however…

He did say that I went to him in January of 2016, issues I had with the EOD unit. Captain
Leonard said he addressed those issues with Trooper Wade then

Sergeant Cody Mullenaux

“Did you help him author it”

I didn’t quote his answer, of course it is no

I know, you know this already… here is the quote from my response.

“In addition to discussing my concerns with Sgt. Curtin, I discussed the EOD Unit issues with
several Department of Public Safety supervisors from June 2015 to May 2016. The supervisors
included Sgt. Shane Ryder, Sgt. Cody Mullenaux, Sgt. John Allen, acting Sgt. Neil Brooks, Sgt.
Joe Campbell. I looked for guidance from retired Bomb Squad Commander Jerry Diehl. In
addition, I spoke with many well-respected team leaders in the SWAT District, the acting SWAT
Captain Tip Gardener and the subsequent acting SWAT Commander Jason Leonard.”

Those are carefully crafted questions… I never said anything about having anyone help me
AUTHOR the document I submitted.

Ok, so, on to TAB #9

A one-page document from Sergeant Troy Titzer describing the meeting between him and I on
May 2, 2016.

I wrote down a sentence from paragraph 2 of his document verbatim:

The paragraph talks about me explaining to him that I went to the chain of command and here
is his sentence (Sergeant Specifically named in his document that I went to Sergeant Pete Curtin
and Jason Leonard) followed by … “Trooper Wade told Sergeant Titzer he did not think his
concerns were adequately addressed”

This proves that I was going to them for help and it is in their own words….
Here is a quote directly from the ​Complaints and Discipline Procedure Manual

Page 3-1

Employees should use good judgement in reporting misconduct and consider the nature and
seriousness of the activity. Employees shall contact their supervisor if they become aware of
employee misconduct. When the unacceptable conduct involves a supervisor, the employee
shall contact the next level in the chain of command. ​Any employee may contact PSU, at any
time, regarding misconduct involving a department employee.

And of course you know this…..

38-532​. ​Prohibited personnel practice; violation; reinstatement; exceptions; civil penalty

A. It is a prohibited personnel practice for an employee who has control over personnel actions to take
reprisal against an employee for a disclosure of information of a matter of public concern by the employee
to a public body that the employee reasonably believes evidences:

1. A violation of any law.

2. Mismanagement, a gross waste of monies or an abuse of authority.

B. The disclosure by an employee to a public body alleging a violation of law, mismanagement, gross
waste of monies or abuse of authority shall be in writing and shall contain the following information:
1. The date of the disclosure.
2. The name of the employee making the disclosure.
3. The nature of the alleged violation of law, mismanagement, gross waste of monies or abuse of
authority.
4. If possible, the date or range of dates on which the alleged violation of law, mismanagement, gross
waste of monies or abuse of authority occurred.