Ee Labor Relations reviewed 6/30/2022 | DRP Date: _ |S] 2022 R City of Miami Police Department f DISCIPLINARY ACTION Employee: Brandon Lanier PLN. Classification: Police Commander Assignment: 'DS/Overtown NET TYPE OF DISCIPLINI RECORD OF FORMAL COUNSELING KREPRIMAND, NARRATIVE: (if more space is needed, use additonal peges) Captain Ronald Papier #5475 alleged that during an Internal Affairs Investigation (ADM21-022), Commander Brandon Lanier #28889 committed perjury, knowingly made false misleading statements, and violated Florida State Statute 112 and Officer Bill of Rights (C21-286). The allegations of Misconduct was investigated and Not Sustained. During the course of the investigation, policy violations for failing to identify a principal officer was discovered. Upon the completion of this investigation, the following facts were revealed: Page 1 of 5. tribution: SIGN DATE | Disciplinary Detail Authored by: | Sgt.R. Robinson _| 27430 _ | 05/31/22 Employee Sergeant / Supervis« IAL LAL |97430| ip22 | Police Personnel File Lieutenai Intemal Affairs Captain: Employee Relations (Original) Commander: ADdamuarpouph leraas [afi l2z Civil Service (if applicable) Major: |__| | Assistant CI ne COS zav [UST | Chief of Polic 0 (sfho Employee MUST initial histher choice for each statement below. The employee is also forewarned that any future similar violation will result progressive disciplinary action. 1) |AGREE or DISAGREE WITH THE FACTS AS STATED. 2) | AGREE or I DISAGREE WITH THE RECOMMENDED PENALTY. 3)REBUTTAL SUBMITTED: YES or DDRB HEARING REQUEST (SWORI ‘must submit a writen request to the La {and signed. Failure to do so will cons Y)- To request a Departmental Disciplinary Reviow Board (ODRB) hearing, you elatiohs Uni! Commander wlhin 10 workng days rom the date his document i received lea wver of his enlloment + Pun: SEF pate, WC/2Z@ [Vow Employee Signature:(Continuation) Page2of 5 Employee: Brandon Lanier PAN 28889 (On April 4, 2021, an email was sent by “BillSchahwartzman” with the subject line: “Report of Miami Police Corruption Involving Deputy Chief and Down the Chain of Command”, was found in the case file. In this, email it is authored: “Upon her (Commander Nerly Papier) abandoning the vehicle at the station, she contacted her husband who is the deputy chief of police (Ronald Papier). He immediately contacted his good friend Captain Ortiz who had the vehicle towed under the false report of it being vandalized. The action of the deputy chief, police commander, police captain and police major constitute criminal official misconduct as well as untruthfulness, completely tarnishing the image of the Miami “alice Department. This should be treated as a complaint to be handled by the state attorneys office, Internal affairs, and civilian investigative panel. Deputy Chief Papier is extremely close and micromanages the Internal Affairs Division, He must be removed immediately from having any access or responsibility over IAD and the Miami Police Department.” Commander Lanier (Lieutenant Lanier at the time) was the supervisor overseeing the investigation and acknowledged receiving the email that was sent by “BillSchahwartzman” on April 4, 2021. On April 7, 2021, former Chief of Police Hubert “Art” Acevedo launched an Internal Affairs investigation. ‘The case was assigned to Officer Wanda Jean-Baptiste #27526 and Commander Lanier, who were assigned to the Intemal A fairs Section. On Thursday April 15, 2021, Commander Lanier obtained a swom witness statement from then Deputy Chief Ronald Papier. Because the statement was taken as him being a witness, then Deputy Chief Ronald Papier was not afforded any rights pursuant to the Officer Bill of Rights. On April 23, 2021, then Deputy Chief Ronald Papier was relieved of duty. Yet, he was still not notified that he was a principal in the case. On May 18, 2021, then Deputy Chief Ronald Papier was served with a reprimand recommending his termination after the April 4, 2021, allegations were investigated by Internal Affairs Section. Atno time did Commander Lanier notify his subordinate, Officer Jean-Baptiste to notify, then Deputy Chief Ronald Papier that he was a principal in this case. In accordance with the Officer Bill of Rights and the Internal Affairs Departmental Orders, Commander Lanier and Officer Jean-Baptiste were required to notify then Deputy Chief Ronald Papier that he was a principal based on the accusations in the April 4, 2021, email and based on the “facts” and statements gathered during the course of the investigation, Therefore, Commander Lanier is found to be in violation of the following Miami Police Departmental Orders: MPD RF 2022-4(Continuation) Page3of _ 5 _ Employes Brandon Lanier PLN. 28889 Departmental Order 1, Chapter 11, Rules, and Regulations 11.4.2 Responsibilities of a Commanding Officer: 11.4.3.3 Responsibilities: Commanding officers shall be responsible for insuring the proper performance of all police duties by subordinates under their command. They shall also insure that subordinates fulfill their duties as outlined in the Departmental Orders, Rules and Regulations, Standard Operating Procedures, and any other official directive. 11.6.1.2 Members and Civilian Employees to Know Rules and Regulations: It shall be the duty of all bers-and civil l £ the Police Department to thoroughly familiarize themselves with su provisions of the Rules and Regulations that deal specifically and generally with the duties of their rank, grade, or position. This should oceur within ten days from the date of issuance. Within thirty days of issuance, every member and every civilian employee shall familiarize himself or herself with all the provisions of the Rules and Regulations. Failure on the part of any member or civilian employee to acquaint himself/herself with the provisions of the Rules and Regulations, as hereby directed, shall be considered negligence of duty and subject to disciplinary action. 11.6.17.9 Neglect or inattention to duty, 11.6.17.10 General incompetence: Departmental Order 2, Chapter 2, Internal Investigatio 1.5.19 Scheduling Principal Employee Interview: 2.5.19.1 The investigative interview of sworn employees shall be conducted under the conditions prescribed by §112.531-112.535 Florida Statutes (the “Law Enforcement Officer's Bill of Rights”). 2.5.19.2 Prior to the start of the principal’s interview, the IAS investigator/Supervisor investigator must: (CALEA 26.3.5) b, Ensure that prior to reading the MPD Garrity Statement form (RF# 2017-16) to the principal, the principal is allowed to review the complaint investigative case file, to include all written and audio recorded statements contained therein. Additionally, Commander Brandon Lanier is found to be in violation of the following Miami Police Standard Operating Procedures: INTERNAL AFFAIRS SECTION STANDARD OPERATING PROCEDURES, S.0.P.3 SUBJECT: INTERNAL AFFAIRS INVESTIGATION PROCESS & SUMMARY REPORT MPD RF 20224(Continuation) Pagedot _§_ Employes Brandon Lanier PANG 28889 V. Law Enforcement Officer's Bill of Rights (FSS 112) A. It is the responsibility of all Intemal Affairs investigators to follow the current Florida Statute regarding the Police Officers Bill of Rights. 1. Investigators assigned to the Internal Affairs Section will conform to and conduct all investigations, taking of statements, etc., in accordance with the current Police Officers Bill of Rights under Florida State Statute 112.531 Investigators assigned to the Intemal Affairs Section will be knowledgeable with the Police Officers Bill of Rights. Additionally, Commander Lanier is found to be in violation of the following City of Miami Civil Service Rules and Regulatior Rule 14, Section 14.2 Grounds for Dismissal, Suspension and Demotion, The following are declared to constitute a breach of duty and to be grounds for dismissal or suspension from the classified service or grounds for demotion, though charges may be based upon causes other than those enumerated: viz, that any employee who has been guilty of conduct unbecoming any employee of the City of Miami, who: (@) Has willfully violated any of the provisions of the Civil Service law or rules of the Board; or (©) Has violated any lawful and reasonable official regulation or order, or failed to obey any lawful or reasonable direction made and given by his/her superior, where such violation or failure to obey amounts to: (2) a serious breach of proper discipline; or (&) Is incompetent, negligent, or inefficient in the performance of the duties of the position held. MPD RF 2022-4(Continuation) PageSof _5_ Employee: Brandon Lanier PAN 28889 DISCIPLINARY REVIEW PANEL: The Disciplinary Review panel convened and recommended the following penalty: STAFF MEMBER: RECOMMENDATION: 701D, f oe Rignwad = s1o FINAL RECOMMENDATION: Gos peegee [2754.0 hours of suspension C___ hours forfeiture of earned overtime ADemotion (Termination Other hx deafriav re appont or con- back parhess of Lyk, depatimest TO €xsevrve PosixionS ge STs solely wei, hoads op the Cher oF fale wy, HE Ogee wi VE ABEB reco Kmedera OF 4 aye Svspas: On. ee bp. MPO RF 2022-1