CCFNo.

_ n- ovi —
Original to IA

NORTH BAY VILLAGE POUCE DEPARTMENT

COMPLAINT CONTROL FORM

Complainant Offioer Walter Sajdak Home Phone N/A

Address 1666 i^n^y Cswy, NBV Bus. Phone (305)758-2626
Loc^dion 1666 Kennedy Cswy, NBV Date 9/11/17 Time 715P Dist
Personnel Li James MieGready Badge 185 CON
Personnel pending Badge CON Assign
Witness ChiefS
liefCariosNori^a Witn^s
Add. Add.
Phone i L Phone i L
Report No. N/A Citation No Other
Rcvd. By Date Tin®
Method Received (X) in person ( ) phone ( ) letter ( )other

MISCONDUCT SERVICE
D®courtesy Ctedc if Compi. Changed Procedural
Force ~ Charged to Ml To Duty X
Mfifieasance Specify Tinielii®ss
Crim Viol. Spacify ■

3ISPOSmON:/ SUSTAINED NOT SUSTAINED EXONERATED UNFOUNDED

=ollow up Assigned to lAAdm. Beiar Date 9/14/2017 Time 11A

\ssigned by Chief Carlos Noriega

Reviewed by Chief Asst. Chief Lt. Sgt. I.A. Lt.

 ^EpATIONS: (cpntiniiecjl)
r/'

/ #1 Policy 118-Rules Of Conduct(E. CONDUCT 2. Being an accessory to a disciplinary

offense prohibited): Aiding, abetting, or soiiciting another Department Empioyee in any
vioiation or to commit a vioiation of a ruie, order or directive
#2 Policy 118-Rul^OfConduct(E.CONDUCT 9.intemperance prohibited): b.
Consuming an intoxicating beverage whiie in uniform or on duty except in the
performance of duty.
#3 Poiicy 118-Rules OfConduct(E. CONDUCT 12. Misconduct Defined: Any of tiie
foiiowing,in addition to the forgoing and the Personnel Rules, may constitute
misconduct;|^ h.Conduct prejudicial/dteruptive to the good order ofthe Department
FACTS OF THE INVESTIGATION:

During a post stomri roll call with the Bravo Shift on 9/11/17 at approximately715P, Officer
Walter Sajdak was complaining aboutsome^ues related to his ass^nment with the Landfall
Team (acdvated from 7A on 9^/17 until 830A on 9/11/17). One of the remarks he made was
that"guys were drinkir^", which I understood to possibly mean drinking alcoholic beverages, it
should be noted, that i was present at the roll call in questbn,so i personally heard (witnessed)
vidiat Officer Sajdak said. Ditetfie state of aflairs with tfie immediate p<^ storm recovery efibrte
and the anetgenqr conditions that needed to be addr^s«j at the tnne, Ididnotfbliowup
furtfier on thto matter at thattime, i did however b^in an immediate preliminary inquiry into the
matter tte fbllowir^ day, and dis(x>vered that tfiere was some possible >mlidify to Officer
Ssgdak's allegation. Specificaliy on 9/12/17, 1 met with Lieutenant McCresxly when he arrived to
w«^for his bravo shift assignment When I inlbmied Lieutenant McCready about Officer
Sajdak's remarks regardit^ tosu^ with the Landfall Team,he refuted some of Officer Ss^ak's
claims but took r^fXHsibiiny for makir^ an enor in judg^nent with the Team. Theerrorin
jud^n^support^ the allegations Itoted so the conversation was essentiai concluded. On
9/13/17,1 aslted the Vitege IT Admintetrator, Johnny Saavedra to recover all tfie video frcxn the
Viltoge Offices tor the period of time the Landfall Team was acthmt^. On 9/14/17, IT
Administrator Saavedra provided me with a thumb drive containing the vkleo in question, i
subsequently gave said thumb drive to lA Admintotrator Bejar, arxj directed him to initiate an
internal Affairs invest^ation into the matter and also pkiced Lieutenant McCready on
Adminetrative Leave.

CONCLUSION:

Lei T>r r\y£.K! C/tfW/'C ''<1^

Action Taken
Complainant Notified by
Date Time Method
Officer Notified of Results by
Reviewed by Date
 Sajdak Statement

Legend:
SB:Samuel Bejar (Investigator)
OS: Officer Walter Sajdak
[Ul]: Unintelligible
[PHJ: Phonetic

Speaker
SB Test, one,two.(Ulj. Test, one,two. Yep,OK.OK!Ow,that was my [UiJ. Today Is the twenty
sixth day ofSeptember,2017 and the time is 16:15 hours. My name is Samuel Bejar[PH]of
the North Bay VSIage Police Department and r am the investigator assigned to lA Case 17-
003. Also present at this time is Officer Walter Sajdak. Officer Sajdak, you are being
questioned as a witness employee pursuant to an ofhcial investigation being conducted by
the North Bay Village Police Department.This interview is being conducted at the North Bay
Village Administrative Offices at 1666 John F. Kennedy Causeway,Suite 300, in the third floor
conference room.This interview is being recorded. For the record, please state your name,
badge number, position, current assignment,age and length of service.
OS My name Is Walter Sajdak. I'm an officer with North Bay Village Police. 1 was hired here in
August of 2001.1 am forty six years old. Date of birth?
SB No. Current assignment.
OS Current assignment is afternoon shift, three to eleven P.M.
SB Officer Sajdak, you are ordered to answer alt questions honestly, completely and to the best
of your ability. You are required to give a statement. 1 further advise you that if you reftise to
answer any questions, you are subject to departmental charges, which could result in
disciplinary action against you, up to and Including your dismissal from the North Bay Village
Police Department. If you do answer the questions, your statement and any information
and/or evidence which may be gained by reason of such statements cannot be used against
you in any subsequent criminal proceedings,except perjury. However,these statements may
be used against you in relation to subsequent departmental charges. Do you understand'
OS Yes,sir.
SB Except as authorized or required, an employee shall not contact persons involved in an
internal investigation, nor disclose or discuss with anyone except the designated
departmental authority, the existence or facts of a complaint. Do you understand?
OS Yes.
SB Could you raise your right hand, please? Do you swear or affirm that the statement you are
about to give is the truth,the whole truth and nothing but the truth?
OS Yes,sir.
SB OK. Officer Sajdak, um,the matter of 17-003 involves, uh, you're listed as a complainant
because you made statements during a roll call to Chief Noriega that the landfall team had
engaged in drinking alcoholic beverages while on duty as part of their landfall deployment.
So, I'd like to you please, in your own words,tell me what you saw. We'll take a general
statement from you,then we'll get to specific questions. What brought you to make this
allegation, uh, how did you come to that conclusion?
OS OK,first off, 1, um, never made a complaint. I'm not the complainant on this. 1 never spoke to
Chief Noriega about officers drinking or[Ul] drinking on duty during the landfall team. At the
 roll call, I stated to the chief that I wasn't very happy with what occurred on the iandlell
team, um,at which time he said,'would you like to talk about it' and I said,'not right now,'
I'd like to follow the Monday rule by waiting uptil I was cooled off or I wasn't so upset about
what had happened before I was to speak to him about said Incident. Moments later, uh, the
chief left the area. I got a telephone call from Lieutenant Collins, who asked me why I was so
upset, at which time I told him that Lieutenant McCready, who was in charge of our landfall
team, had jeopardized the lives of the officers that were working and the residents by
drinking alcohol, by serving marijua—not marijuana,correction, by serving Corona beer
during the landfall team at midnight on Saturday night, September tenth. He asked me if I
drank any alcohol, i said 'no, I did not.' Um,and that's where I guess, um,the end of that
phone cail.
SB I Right. So,let's speak to the allegation of Lieutenant McCready drinking on duty. What did
you observe? How did you come to learn of this?
OS I, um,we started our shift at 7 AM on Saturday,the ninth. I patrolled, prepared for the
hurricane with Officer Cherocia[PH]. We were together until roughly eleven p.m. At eleven
p.m.or in that area,around that time, uh. Sergeant McVeigh contacted us Hazcom oh-
five[PH] station to go to North Miami Beach to refuel our vehicles. North Miami Beach at the
EOC has fuel for our vehicles. I drove the vehicle I was in, the Ford,or correction, the Chevy
Tahoe. Officer CherociajPH]drove the. Officer Suarez's vehicle and Sergeant McVeigh drove
his vehicie, so we went to North Miami Beach. While at North Miami Beach fueling up, we
were told via municipal to return to City Hall by Lieutenant McCready, return oh-five. After
we'd fueled up, we turned back to City Hall. We came up here to this conference room.On
entering,there was a cooler on the table, numerous empty bottles, I don't know exactly how
many, um,of Corona beer. The cooler with some in there,they were coid. I sat at that chair,
which it would be chair number four if we started from the right, plugged my cell phone into
the outlet and said no,thank...and at that time Lieutenant McCready said,'have a beer, it's
OK with the chief and the city manager.' I was like,'no, thank you.' Um,at that time I was on
my telephone contacting my wife and that's what happened
SB OK. Um,so going back to the time when you were, approximately what time did you go fuel
your vehicle?
OS Roughly eleven p.m., twenty-three hundred hours.
SB And approximately what time were you asked by McCready to oh-five?
OS I Um,can I check my phone...
SB Sure.
OS ...because f have text messages
SB Sure.
OS From, we were on a group text message. Most of the communication was done through the
group text. I got a text message from Sergeant McVeigh at 11:01 p.m., which says'Ethan,
Waliy and me,iefs go get gas.'So 11:01 p.m. we left, met up at the Shell gas station 1345
Kennedy Causeway,and from there we convoyed to Miami Beach.
SB You were going to tell me what time...
OS Oh...
SB You got the oh-five message.
OS Oh, I don't have that, there was no text message,so I'm going to say roughly thirty, forty-five
minutes later...
SB OK.
OS We were told to come back.
 SB By McCready?
OS By Lieutenant McCready.
SB Via radio, text or...
OS 1 believe It was municipal...
SB OK.
OS Dispatcher.[Ul] oh-five.
SB You said about half an hour later.
OS Correct. We headed, we drove. North Miami Beach is normally a fifteen-minute ride but
because ofthe storm conditions, trees down, it may have taken longer, so...
SB Right. OK. All right, um, you, they returned to the PD.
OS Correct.
SB And you came upstairs?
OS Came up here.
SB OK.And came into the conference room?
OS Correct.
SB OK.And thafs where you observed the cooler with the empty Coronas.
OS With the empty beers and the full beers sitting there on the,on this table.
SB OK. Uh, you do know approximately the time ofthat?
OS It was approximately midnight,so September tenth, midnight,five minutes after twelve, 1 sat
in my chair, on my telephone,charging it, while Lieutenant McCready sat here in your seat,
the seat you're sitting in, and, um,telling us that it's OK to have beer on duty.
SB The cooler was...
OS 1,1 don't remember,the cooler was in the center ofthe table, but I'm not sure if it was. It
was,some type of bucket or something where the beers were sitting in ice...
SB OK.
OS They were cold. There was nobody in the room...
SB Do you recall the color?
OS rthink it was white. 1, um,like 1 said,there's no one that likes Corona beer more than 1 do in
this room. 1 just remember the,the bottles,they were cold, they looked cold.
SB And you observed beer bottles on the table?
OS Yeah,empty beer bottles on the table, um all the, all the, um,lids were kept off to the side,
because Lieutenant McCready instructed them to get rid of the evidence,'make sure you get
rid of all those lids,' so they were being manipulated by a Leatherman, one of the officers
had a Leatherman, he was smashing up or crimping up all ofthe,the lids. The camera in the
room was not in place.
SB OK.
OS Someone had taken it out or, it wasn't there like it is right now.
SB OK.So you observed empty beer bottles...
OS Correct.
SB On the table, the cooler, and the cooler, and the cooler had ice.
OS Ice and beer.
SB And they were Coronas.
OS The TV was on, we were watching the EOC, Lieutenant McCready was telling us he was about
to go to sleep, he's got to take some pills for his injured foot, he was going to take his
medication and may have mentioned a bottle of scotch or something in his desk, he [Ul] an
air conditioner in his office and he was gonna go sleep in his office, at which time 1 got up and
 left.
SB OK.So when you came Into the room and you observed the cooler with the beer bottles, uh,
who else was in the room? You already mentioned Lieutenant McCready.
OS Yes.Sergeant-
SB Was[Ul] in the room?
OS Sergeant McVeigh and Officer Cherocia(PHj followed me in, either followed me in or came in
before me, we all came up together, and in the room was Detective CasaisfPH]...
SB OK,so wait,so McCready was already here-
OS Correct.
SB And McVeigh and Cherocia[PH] also walked in with you?
OS Yes.
SB OK. OK.
OS Detective, uh, CasaisfPHJ was here...
SB Mmhmm.
OS Urn, Officer Benitez and Officer Cheb...Chevalier, and Officer Suarez walked in a few times
during the process, but wasn't sitting in here when 1 came in.
SB All right, so,out of the people you mentioned, whom did you observe drinking beer?
OS 1 don't know who was drinking,there was beers in front of everyone at the table. 1 didn't
obsenre anyone actually drinking the beer. Um,Sergeant McVeigh and 1 had a conversation
about it and he said he had a sip of beer. 1 don't recall anybody else drinking it in my
presence.
SB OK,so you did not observe anybody drinking beer. You did observe empty beer bottles, a
cooler with complete beer bottles and beer bottles in different states of, ah, use 1 guess
we're going to call it...
OS [Ul]...
SB In front of everybody that was sitting at the table.
OS Correct.
SB OK.
OS And Lieutenant McCready then instructed someone to move,'make sure you get ail the
bottles,' um,'we don't want to leave any evidence,' and that's when 1 said,'well, this is not
right, 1 don't want to be a part of this.'
SB Uh,you said that McCready told everyone to get rid ofthe evidence but you also said that
McCready said that the beer was OK and it was approved by the chief...
OS He said that...
SB And the manager?
OS He said 'the chief and the manager would be OK with this,' 1 believe were the exact words. Or
'cool with this.'
SB OK.
OS [Ul]ten hours before the hurricane would hit North Bay Village.
SB So, OK,[Ul] and 1 know ifs 'the chief and manager are cool with this.'
OS Correct.
SB Um,and again you said you did not observe, you don't recall anybody in particular actually
drinking the beer, but[Ul] infer...
OS 1 infer...
SB Beers were drunk there...
OS Exactly.
 SB Had been, had been imbibed because they had empty beer bottles,they had full beers-
OS Half beers...
SB They had beers in different states of ingestion around the table. OK.
OS And the beer lids were all on the table top.
SB OK.And so that was, you said,sometime after twelve o'clock when you came in?
OS Correct.
SB OK. And how long did you stay in the conference room...
OS Roughly...
SB [Ul] on your phone.
OS Roughly fifteen minutes.
SB Fifteen minutes?
OS Approximately.
SB Um,so you spoke with your wife?
OS Correct.
SB Text[Ul]...
OS Text messages
SB Watching TV, no, no, 1 don't need to see them, I'm just trying to get a timeline going here.
Um,and after about fifteen minutes, when did you have the conversation with Sergeant
McVeigh? While you were in the room,was it afterwards?
OS Afterwards. He then contacted Chief Noriega.So, we had gone out and handled calls for
service because there were, we had numerous alarm calls...
SB Mmhmm.
OS So him and 1 went out and handled the calls for service because the others 1 guess were in
here, drinking,so, um, handled calls for service and there was no power in here so it was hot,
so we decided. Lieutenant or Sergeant McVeigh decided lefs go stay at the dispatch center.
So...
SB OK.
OS Him and 1 went to dispatch and we discussed it then.
SB OK,so when you said, when you said there was no power here, like the lights were out...
OS No...
SB Or...
OS There was no air conditioning, there was no air conditioning...
SB OK.
OS The lights were on but there was no air conditioning...
SB OK.
OS So it was very hot, very humid in here.
SB All right. So once [Ul] 1 want to get to the [Ul] and then move on from there. All right, so this
is talking about the ninth, you came in, you patrolled, you rode a sixty[PH] unit with
Cheremacia[PH] most of the day...
OS Correct.
SB Uh, until you came in to the station and at some point, uh, you, you were told by Sergeant
McVeigh, and that was at 23:01, let's all go get fuel,
OS Correct.
SB So you went, you got gas in North Miami Beach. While that's going on, you got, you were
contacted by Lieutenant McCready telling you hey, come on back to [Ul] you guys gassed up
and returned.
 OS Correct.
SB You arrived sometime around midnight or slightly thereafter. Uh, you walked in and that's
when you saw the cooler. It's white, you don't know what else, much else about it, it had,
but you do know it had ice and beers,they were Coronas, inside, there were also empty
beers on,empty beer bottles on the table, and beer bottles in different states of use... Um,
scattered around the table in front of the people that were here.
OS Correct.
SB Uh,the people that you observed at that point sit...seated at the table were Casais[PH],
Benitez, Chevalier[PH)and McCready. Um,you, McVeigh and Cheremacia[PH] walked in
pretty much together-
OS Correct.
SB And then kind of sat with the group i'm assuming. Um,Suarez came in and out a few times
during those fifteen minutes, um,and then McCready basically toid everybody,'make sure
you get rid ofeverything', uh, and he also made the statement that the chief and manager
are cool with this.
OS Correct.
SB That part is a direct quote, correct?
OS That's a direct quote.
SB OK. Uh, you were here for about fifteen minutes, at which time you decided this isn't right,
and you left the room.
OS Correct.
SB OK.
OS It, it make have been longer,than fifteen minutes, because we were watching TV and 1
believe there was some food here so we may have been eating...
SB OK.
OS I'm just not, 1 don't recall the eating part, but...
SB OK.
OS There was food throughout the day so we'd come back in and out through here.So it may
have been longer than fifteen minutes, 1 just don't know the exact time we left.
SB OK. Um,then you left, did Sergeant McVeigh leave with you? You said you had a
conversation with him later on,so when you left did Sergeant McVeigh leave with you,or?
OS He had left, i heard the door, 1 was sitting here. He had left first, and then 1 left.
SB And then you left, OK. Um,and then where did you see McVeigh to have this conversation?
OS Um,we were outside sitting in our vehicles, we were dispatched to 7934 West Drive [Ul]
alarm. Sergeant McVeigh took the signal, 1 took the fifteen, both, um,arrived there at the
same time, parked in the parking garage and in the parking garage is where we had our
conversation.
SB Uh, do you know approximately what time that was when you...
OS It should be on our, our, {Ulj...
SB It'll be on...
OS [Ulj...
SB it'll be in the report...
OS Yes.
SB You got a dispatch signal.
OS Yeah, we got a dispatch signal from the municipal dispatcher...
SB OK.
OS [Ulj...
 SB Uh,so you and McVeigh handled that call.
OS Correct.
SB You said it was a twenty-five?
OS Yes, sir.
SB And that was pretty near the time you exited the room,is that why you exited the room,
because you had the twenty-five call, or?
OS No,1 exited because 1 didn't feel comfortable...
SB OK.
OS With the drinking...
SB OK.
OS And the...
SB So shortly thereafter though you got the twenty-five calL
OS Yes.
SB And you went with McVeigh.
OS Correct.
SB Is that when you had the conversation with McVeigh about the beer?
OS One of our conversations.
SB And,tell me about the nature of that conversation.
OS Um,1 said 1 couldn't believe that they were drinking beers on duty during a hurricane while
we're getting federal dollars to be here, um,there's so much at stake, we can't have officers
showing up on calls smelling like alcohol and he agreed with me, 1 made that statement to
him, he agreed with me,he said do you want me to call the chief and 1 said 1 think you,
someone needs to be notified of what happened. And then we got called, dispatched to
another twenty-five, at 7904 West Drive. Brief conversation there,first call, second call was
outside so we,the raining, didn't talk very much there,that time. He said 'well, let's go to the
dispatch center, they have (Ul] air conditioning, let's go there,'so we did our call and went
to... at which time he called the chief of police.
SB So after you left the twenty-five call, you never returned to the station.
OS To this, to this location?
SB Mmhmm.
OS Uh,we may have driven here, we were in separate vehicles so we may have driven here
together but 1 don't recall coming back...
SB OK.
OS Upstairs.
SB So you're on the twenty-five call, you have a basic conversation with McVeigh, you let him
enow you feel uncomfortable with the situation, you can't believe this is going on and he
says, do you want me to call the chief, and you said...
OS Yes...
SB You probably should, you got dispatched to another twenty-five and the conversation [Ul]
because it was raining and blustery so it's like hey and you kept going. At that point you both
decided you were gonna go to dispatch.
OS Yes.
SB And crash over there. Sleep.
OS Yes.
SB Bad term to use, crash.
OS I know.
 SB In this situation, OK. Dm,OK. At one point you said that McVeigh stated thet he then called
thechief of police.
OS After...
SB Was that [Ul]...
OS When we were at dispatch, we were talking about the situation. We were sitting at the desk
together at dispatch and attempted to cail, 1 believe he attempted to call Lieutenant Cotiins
and the chief that 1 heard him talking to the chief on the phone telling the chief that he needs
to,to speak with him about what occurred here in North Bay Village. The chief, 1 don't know
what the chief said to him but 1 heard what Sergeant McVeigh was saying to him was we do
not need to be evacuated right now,or he doesn't believe we need to, if we, if we do [Ul] we
can have North Miami Beach pick us up,they have an APG[PH]vehicle if we need it. We were
originally supposed to go to, 1 think they had shelter,food, whereas somewhere along the
line a decision was changed so we can stay here and...
SB Ail right,so you go to dispatch and McVeigh...
OS Contacts thechief.
SB Does call the chief and you overheard the,and you overhear, uh...
OS Sergeant McVeigh...
SB Sergeant McVeigh give a status report?
OS Correct.
SB Uh, no need to evacuate, um...
OS 1, not no need to evacuate...
SB Well lUI]..
OS Yeah [Ul]...
SB You don't have to leave right now, you guys are OK in place.
OS Correct.
SB OK,and if needed. North Miami Beach can, uh, recover the team-
OS Yes.
SB With their...
OS He said with one phone call he can have them come pick us up.
SB Team with, let's just call it their high water vehicle. Do you know who has an MRAP by any
chance?
OS it, we took pictures on it...
SB OK.
OS While we were at North Bay Village getting fuel. It was parked outside there...
SB MRAP.
OS Yes.
SB OK.
OS Large, water...
SB Did he mention to the chief about the alcohol?
OS Did he? On the phone, not that [Ulj...
SB McVeigh.
OS Idid not hear him.
SB OK.
OS Frankly he, he just said it's very important 1 need to speak with you about something.
SB During the conversation aside from the status report that he gave...
OS Yes.
 SB Right. But, you didn't hear...
OS 1 didn't hear the word alcohol.
SB OK. Urn, now you also stated that somewhere along the way, McVeigh stated he had a
couple of sips of beer.
OS After the landfall team.Sergeant McVeigh and i were deployed to Collier County. While in
Collier County we had this conversation where says that he had a sip of beer and then he
noticed the cameras were covered and he felt uncomfortable and thafs why he left.
SB A couple of sips,two sips...
OS He said a sip of beer.
SB OK,so he said he,says he's, now everything's over, you guys are on the deployment to
Collier and you obviously had conversations,'hey can you believe that situation' whatever
that may be and it was during that time that McVeigh said '1 just had a couple of sips, 1 didn't
like it and i left.' Arrd would that have been at the, when he said t left, is that, is he talking
about the time you guys went together to go handle the twenty-five?
OS Before, when we left the building.
SB OK,when you left the building, OK. Urn...
OS During our time in Collier County,or before we had left to go to Collier County, Sergeant
McVeigh said he got a call from Lieutenant McCready told him that, and he believed that
Officer Sajdak ratted him out,that his friend Waliy, which is me, ratted Sergeant McVeigh
out to the chief for drinking on duty. McVeigh told me[Ul]that he heard nothing of this, he
knew nothing of this, guessing that the rumors were swirling around North Bay Village that
Officer Sajdak had ratted everybody out for drinking on duty.
SB So let me go back...
OS And that i videotaped them, was the words they used.
SB OK.So let me go back to that. So McVeigh told you...
OS Correct.
SB That McCready...
OS Telephoned him...
SB Telephoned him while he was deployed to...
OS Maybe before we had left...
SB OK.
OS [Ul]sometime...
SB After this Is all over...
OS After it was all over [Ul]...—
SB And you had the conversation with McVeigh while you were deployed in Collier.
OS Yes.
SB And during that conversation. Sergeant McVeigh stated to you that Lieutenant McCready
called him?
OS Correct.
SB And told him that, I'm going to paraphrase here, and you believe that your friend Waliy
ratted you out for drinking on duty.
OS Correct. Ratted you and 1, or you and the group for drinking on duty.
SB Ratted you and the group.
OS By showing the chief video tape of officers drinking on shift...
SB Showing the chief video?
OS Correct. Video and pictures...
 SB [Ul] video and pictures.
OS [Ui]
SB So now that we're at that point that you mentioned that, did you take any video, pictures...
OS 1 took no videos, no pictures...
SB Any recording device of any sort...
OS Of any...
SB OK.
OS Anything in this room, 1 was on the phone with my wife or texting or talking with my wife,
family.
SB All right.
OS 1 was also told that 1 was, yeah,that 1 went into the chiefs office and showed him video that
1, other people since 1 returned to work.
SB OK. Om,all right,so let's, I'm going to summarize this again. You are, you worked a sixty with
Cheracia(PH], you worked a sixty with Cheracia[PH]from seven o'clock in the morning till
approximately eleven o'clock at night, when Sergeant McVeigh says lefs go get gas,to you
and Cheracia[PH]?
OS Correct.
SB You respond to North Miami Beach, you're fueling up. While you're fueling up, you get
contacted by Lieutenant McCready saying five...
OS It could have been by Officer Suarez,someone...
SB Somebody...
OS [UIJ oh five.
SB [Ul]oh-five, OK. You said OK, you discreetly make your way back here, uh, you get, you come
in, obviously get off the elevator and walk into the conference room. Why the conference
room? Were you told to come here? Was everybody gathered here, did you know everybody
was going to be in here?
OS This is where,this is where the food has been all day.
SB OK.
OS So the food has been in here and this is where everybody was gathered.
SB OK.So at that point you, McVeigh and ChereciafPH] pretty much together come in and that's
when you see the beer cooler with beers, empty beer bottles, beer tops, um,and beers in
various state Of ingestion on the table in front of the different people that were sitting here,
uh,that you said was, let me go back to that again, Casais(PHJ, Benitez, Chevalier[PH] and
McCready. Um,you took a seat, watched some TV,texted and/or called your wife, I'm
assuming you had at least some discussions with people in here, casual conversation ofsome
sort. Uh, while you're sitting here, you heard McCready state,'make sure you clean all this
up and get rid of the evidence.' Did he use that word,'get rid of the evidence'?
OS Yes.
SB OK. Uh...
OS 1 think he said 'leave no evidence.'
SB Leave no evidence, OK. And he also stated to the group, he actually told you 'hey, go ahead
and have a beef and in general to the group also said 'the chief and the manager are cool
with this'.
OS Are cool with this.
SB You decided this was not really for you, you got up and left. Shortly thereafter you got a
twenty-five call. You acknowledged it. McVeigh came out, you guys went together to the call.
At the twenty-five call you had a discussion about what's going on back there. Uh, McVeigh
 agreed it was not right and said 'do you waiit me to call the chief.' Did he say'do you think 1
should call the chief?' or'do you want me to call the chief?'.
OS 1 think what he sa...what he may have said was, uh,'1 will notify the chief. Or 'I will'...
SB OK.So,so somewhere along the way he told you he was going to inform the chief...
OS Mmhmm.
SB Of the situation. Um, right after that you got a second twenty-five...
OS Correct.
SB Uh, you went to answer that cail. Those are all acknowledged on the radio, right...
OS Correct.
SB So [Ul]the radio log, OK. Um,you handle that call, don't really have much conversation with
him there because things are blustery but at that, during that call, you guys decide 'hey, let's
go crash over at the, uh...
OS Dispatch center.
SB Dispatch center at Galleon. The two of you go In there and, uh, that's where you basically
decide to make your nest, roost, bed for the night.
OS And that's where Tim Smith of Public Works wasalso.
SB Tim Smith was also In thene. OK. Um, McVeigh does indeed make a call to the chief and gives
him a status report wherein he states there's really no rteed Ibr us to leave right now. Uh,
basically 1 guess we can weather the storm, if we need to 1 can call, with one phone calll can
call North Miami Beach and they can come take us off the island 'cause they have a high
water vehicle, which we believe is art MRAP,uh, you did not hear him specifically mention
anything about the alcohol, but you did hear him say something about i have something very
important to talk to you about to the chief. Um,and that's basically the end of the situation.
You guys stayed there the night.
OS Correct, yeah.
SB And took off, what time?
OS At ten o'clock...
SB Approximately.
OS Police services were stopped,the county municipal advised that all emergency services
would be stopped...
SB Teh o'clock in the morning.„
OS Ul] AM on Sunday morning...
SB Sunday morning. All right,so, all right so, again with the timing...
OS At that time we lost power 1 believe at ten o'clock at the communications center,the
generator stopped working.
SB OK.
OS So we stayed there until, 1 would guess,three in the afternoon,fifteen hundred hours, before
it was clear.
SB OK.
OS The winds were down to forty miles an hour, under forty miles an hour. At that time we went
out and surveyed the area with Tim Smith of Public Works.
SB Um,ail right, so going back to, when the time you came oh-five and observed all this stuff
was around twelve o'clock or shortly thereafter, you said you were here for about fifteen
minutes, maybe a little longer, could have been half an hour?
OS Could have been longer.
SB Um,then you left. Vou handled the twenty-fives and after the twenty-fives you went to
dispatch.
 OS Correct.
SB About what time was the dispatch? Or when you went to dispatch?
OS 1 believe, 1 would guess roughly, maybe three orfoura.m.?
SB Right.So you're in dispatch at around three and that's where you guys basically stayed till
twelve hours later.
OS Correct.
SB Three in the afternoon,dispatch...
OS I remember Officer Suarez came in while 1 was asleep...
SB At dispatch?
OS At dispatch around seven a.m.
SB Dispatch lost power at...?
OS Roughly ten.
SB Ten a.m., uh...
OS Maybe, maybe later...
SB Suarez at, came in at around seven a.m., like, so you got there around three in the morning,
you hunkered down,Suarez came in around seven in the moming,said do you need
anything, you said no, we're good. Dispatch lost power at around ten in the morning, uh,
that's also when you heard that the county discontinued police services.
OS [Ul]...
SB And you stayed there until about three o'clock in the afternoon?
OS Correct.
SB When you finally, things calmed down and you started doing a survey of the area with you,
McVeigh and Mr.Smith.
OS Correct. Power...
SB OK.
OS Lost power dispatch to text message 1 sent at 6:52 a.m. Officer Suarez took sorne pictures,
VIcCready sent out a group text we are doing one last run through the city. For your
Information McVeigh and Walter are with Tim at the dispatch.
SB At what time was that?
OS That was at 6:53 a.m. Everyone else will be at the station.
SB That was Sunday moming the...
OS Ttie tenth. There's pictures of damage.
SB OK. That goes to standby.
OS And then, um,at 9:06 Lieutenant Collins texted that the eye of the storm is a category four.
Sergeant McVeigh at 9:29 texted that dispatch is still standing.[Ul]. Detective Casais said
county is shutting down the email server due to increase temperatures[Ul] the text message
on the suspending of all police services.
SB OK. Um,oh,and one other key point. You said you did not observe anybody actually drinking
the beers. Just an inference.
OS Correct.
SB OK, um, all right, so[Ul]then subsequent to that during the deployment, uh, you did have
conversations during your deployment to Collier County, you did have conversations with
McVeigh where you discuss the matter with him. Uh,that's where he made the statement
that he had the sip of beer, didn't feel comfortable and left. Um, he also told you during that
deployment that at some point McCready called him and said can you believe that your
friend Wally ratted you and the group out for drinking on duty, by showing the chief video
and pictures. Uh, you state categorically that you have no videos, pictures or any other kind
 of recording of the situation. Urn, that pretty much it?
OS That's it.
SB OK,uhm, when you left the conference room for the last time you saw everybody, uh, is that
how you left it? Cooler on the table, bottles all over the place, um,and you left, anybody,
was anybody bedded down here or anything like that?
OS During the time people were coming and going...
SB OK.
OS They were setting up their mattresses in the squad room...
SB OK.
OS Officer Suarez was setting up in the women's restroom. People were coming and going and 1
had left the room. 1 believe Officer Cheracia[PH3 was still in here laying on the floor.
SB OK.
OS And maybe one or two other people [DtJ TV [Urj how many people were still in here. But i
believe the,the beer bottles had been picked up and taken away by that time, by the time 1
left.
SB Oh,so back to, but you made,you kind of made thesie comments when you were upset
about people drinking on duty at a roll call, but...
OS 1 made no comments at a roll call. 1 said 1 was upset...
SB You were upset...
OS 1 was upset about lives being put at risk, lives being put in danger, but 1 didn't say anything
about alcohol.
SB OK,
OS To the chief.
SB OK.
OS I've never had, 1 haven't had a conversation with the chief of police.
SB The roll call, though, is when you said you were upset...
OS Yes.
SB About lives being put in danger.
OS He asked me'what are you doing here, 1 told Lieutenant McCready that anybody who
worked the landfall team was off today.' 1 said 'he never told me,' maybe punishing me or
something for not drinking the beer with him or whatever it was.
SB OK.
OS So 1 was never instructed not to come in.
SB Right.
OS So that, that time he had left or he told us, you know, if there's any grievances or something,
let me know,that's when Lieutenant, 1 left[Ul] at patrol, 1 stayed on at patrol and [Ul]
contacted me.
SB And thafs when you told them about...
OS Yes.
SB The situation with the beers and everything else. Um,and that's when you told them,'hey,
these guys were drinking on duty, bla bla bia bla.
OS lUI].
SB I'm assuming,'cause that's when you said about it...
OS Yeah, 1 was upset, what 1 said was, he says, he asked me who was drinking, 1 said I'm not sure
who was drinking, I didn't have any, he said did you have a drink, 1 said 1 didn't have a drink
of beer, 1 didn't have a sip of beer.[Ul] did the rest of them but 1 did not drink beer and he
said did Sergeant McVeigh drink a beer, 1, 1 think he did but 1 can't be sure if he drank a beer.
 SB So, your being upset, what you did not like about the situation was the fact that beer,that
people had been drinking on duty, the feet that you were not told not to come in, the lack of
communication,just the way the whole situation was handled?
OS Correct.
SB By Lieutenant McCready, is that basically what made you upset, or... 1 don't want to put
words in your mouth so I'm...
OS [UIJ...
SB I'm trying to understand what, what, uh, what...
OS That's...
SB Brought it on.
OS That is what brought it on.
SB OK.
OS i was upset that 1 had just worked a forty-eight-hour shift because of the feet that bad
decisions were being made here in North Bay Village and, um,1 hadn't, 1 hadn't slept much
and I'd finally gotten to my home and 1 had to spend the next six hours at my house
removing debris from my home...
SB Mmhmm.
OS I got two hours of sleep and then 1 had to be back here at seven o'clock...
SB Just tp find out that...
IS Just to find out 1 wasn't supposed to be here in the first place,so...
SB [Ul]
OS That,that really upset me.
SB OK.
OS Uh,so and then when the chief said everything went well this Weekend on landfall team,
that's when 1 said, it wasn't as well as it may have been painted for you.
SB Right.
OS Things happened that shouldn't have happened. And he said,'do you want to talk about if
and 1 said,'not right now,I'm too upset about what, what's occurring'. That was our, my only
conversation with the chief of police.
SB And then a phone call from Lieutenant Collins [UIJ...
OS [UIJ...
SB About what happened.So with Lieutenant Collins, you did explain to him that there was
alcohol.
OS Yes.
SB At the time...
OS 1 said,'Lieutenant Coll...
SB [UIJ...
OS 1 told him,'Lieutenant McCready was making decisions about the safety of us and the
residents, while telling us he's popping pills because of his foot surgery or because of his foot
injury and dnnking alcohol and trying to keep us here where we were unsafe and 1 wasn't
happy about that.
SB Um,at what point in all of this did you become aware of the cooler,the beers, was there any
discussion prior, did you hear anybody talking about it, see the cooler,see the beers,
anything like that[Ul] kind of a surprise when you walked into the conference room?
OS Yes, when we walked in the first time I've heard of it or anything.
SB Uh, no prior notice from Lieutenant McCready, let's all, we're gonna drink later, or anything
ike that?
OS No.
SB No [Ul]from the guys that you heard,either.
OS Officer Cherecia(PH] was with myself on the sixty so we> they had that conversation but 1
didn't, 1 wasn't. Lieutenant McCready and 1 aren't on the friendship...
SB OK.
OS So he doesn't tell me about those things.
SB Ali right. Officer Sajdak, is there anything 1 have failed to ask you that you would like to add
to the statement?
OS [Ul].
SB Officer Sajdak, has everything you've said been the truth to the best of your knowledge?
OS Yes, sir.
SB The time is now 17:11 hours and this concludes this staterpent.
 CERTIFICATE OF ACCURACY

The undersigned, Dr. Luis A. de la Vega, Chairman ofProTranslating, appearing

on behalf ofProTranslating, hereby states, to the best of his knowledge and belief,
that the foregoing is an accurate transcription/translation ofthe attached original
recording in the £( lO, u language, consisting of ■ y(
minutes, and that this is the last of the attached.

/J/.
Luis A. de la Vega,Ph. D.
Chairman
For ProTranslating

State of Florida
County of Miami-Dade

The foregoing certificate was acknowledged before me on this day of

, by Dr. Luis A. de la Vega, Chairman of
ProTranslating, a Florida corporation, on behalf of the corporation. He is
personally known to me.

Notary PuOlic^.''

My commission expires:

i AKSELA C. ZfiRAflOZA
|
I PiJotarsf Puifllc - Siste ol Floritfa %
I i-p CommfssiOB ^ FF|
SS8872
My Comm . Expires Mar 2, 2020 f
Bonaed itirotigh Haiional toiary Asm.f

2850 Dougios Rd "o^al C7able3 Fl 33134 Ph:.305.37! 7887 Fax 305.371 4816
 TS Not by that name.
SB So,to your recollection. In the room while you were here was Officer Benitez, Officer
Chevalier, Officer Casais, who you referred to as Manny...
TS OK.
SB And Lieutenant McCready.
TS Correct.
SB So...
TS And myself.
SB And yourself. Right.
TS Yes.
SB OK,so you had a beer?
TS Yes.
SB Did Lieutenant McCready have a beer?
TS [Ul].
SB Did Officer Benitez have a beer?
TS [No audio heard]
SB Did Officer Chevalier have a beer?
TS Yes.
SB Did Officer Casais, Manny,have a beer?
TS Yes.
SB OK,um,tell me some-tell me a little bit about what transpired. What was going on while you
guys were having the beers?
TS The normal thing when guys get together and have a beer. Laughing, talking, football,
motorcycles, like 1 said [UIJ storm, past events, friendly conversation. Like guys do when they
get together.
SB OK. Did you hear Lieutenant McCready state or inrtply that the chief and/or the city manager
were allowing this, that they were cool with it, that it was OK for them?
TS No.
SB OK. Um, did Lieutenant McCready, Lieutenant McCready offer the beers or otherwise
encourage the officers to partake?
TS Well, like 1 stated earlier, 1 think [Ul] memory 1 believe when he sat the cooler on the table,
the guys...
SB Did anybody have any objections or voice any concerns about drinking the beer during that
time?
TS [No audio heard]
SB Do you recall how many beers the officers had while you were here?
TS In my presence, one. 1 left shortly after 1 finished [Ul]sleeping over at.
SB When you returned to the conference room at around ten forty after you did your initial
rounds. Um,[Ul] were you,at that time did you have knowledge that there was going to be a
cooler with beers, were you told, hey we're gonna have some beers later, things like that?
TS No.
SB No?
TS No.
SB OK. Uh, when you were here and Lieutenant McCready walked in with the cooler, tell you
about the cooler, what was in the cooler, what it was for, what was going on?
TS Open top cooler,[Ul] putting them on the table, obvious that it was beers [Ul] and cold.
SB Uh,did he say anything to you like join us, have one,anything like that?
TS [No audio heard]
SB All right. Once you,around what time do you, did you leave, uh, the conference room?
TS After 1 finished the beer?[Ul]could have been [Ulj.
SB So you said,so I'm sorry [Ulj few minutes from the time you had the beer to the time you
left, but...
TS [Ul]
SB About what,approximately how long do you think was the time from the time you saw
Lieutenant McCready put the cooler on the table and the time you left? How much time do
you think elapsed then?
TS [No audio heard]
SB All right. So you finished your beer, you kind of said good bye to everybody and thafs when
you left.
TS Yes.
SB OK. And you headed over to Public Works and that's where you just kind of rode out the rest
of the storm.
TS Correct.
SB And to your knowledge, at that time you had finished your beer, did you see any of the other
officers start a second beer or do anything like that? Just saw the one.
TS Yes.
SB OK, Mr. Smith, is there anything 1 have felled to ask you that you would like to add to this
statement?
TS [No audio heard]
SB Mr.Smith, has everything you've said been the truth to the best of your knowledge?
TS Yes,sir.
SB OK.The time is now 14:25 and this concludes this statement.
 CERTIFICATE OF ACCURACY

The undersigned, Dr. Luis A. de la Vega, Chairman ofProTranslating, appearing

on behalf ofProTranslating, hereby states, to the best of his knowledge and belief,
that the foregoing is an accurate transcription/translation of the attached original
recording in the language, consisting of (0.4^
minutes, and that this is the last ofthe attached.

Luis A. de la Vega, Ph. D.

Chairman
For ProTranslating

State of Florida
County of Miami-Dade

The foregoing certificate was acknowledged before me on this 9 day of

9Xjl"T , by Dr. Luis A. de la Vega, Chairman of
ProTranslating, a Florida corporation, on behalf ofthe corporation. He is
personally known to me.

/ ^
A /fi \f^/

hJotary Pubiic_P

My commission expires:

PiiSiic • $£s8s of|

Ftofieg
f'C CommlssloR 1^ FF S6i672 \
Comm. Ex(iiree 2. 202® l
BonSed ihfooRli 83stiOR£l fissn. P

2850 nougiQs Rd norol Gables FI 3.3134 Ph: 305.371 738^ Fax 305.371 4816
 INTERNAL INVESTIGATION REPORT
Florida Department of incorporated by Reference in Rule 11B-20.001(3)(a)5.b., and 11B-27.003(2)a, F.A.C.
Law Enforcement

Please type or print in biack or blue and use capital and small letters for names,titles, and address

OFFICER

1. Last Four Digits of Officer's Social Security Number:

2. Officer's Mame: McCready James
Last First Ml

3. Officer's Last Known Atldrm- ^ Kennedy Causeway, Suite #300 North Bay Village FL 33141
Street City State Zip Code

4. Officer's Telephone Number: 305.758.2626

AGENCY

5. Acen«,ORi:FL 0131700 6. Acencv Name: North Bay Village PoHce Department

7. Agency Contact Person; Samuel Bejar 3. Agency Contact Person's Telephone Number: 305.758.2626 x25
9. Aoenctf Fax Number. 305.722.8564
VIOLATION - ALLEGATION
10. Nature of Aliegation(s):

Violation of Agency Policy / Rules: Policy 118 - Rules of Conduct - E.9.b Intempernace prohibited
11. Agency Disposition: Sustalned-(ViolationofSection943.13(4)or(7)orRule11B-27.0011,FAC. I I
Sustained-(Violation of Agency Policy): Not Sustained: O Unfounded: Q Exonerated: Q
12. Limitation Period for Disciplinary Action: Date Internal Investigation initiated: 12 Sept 201l^ate Internal Investigation Completed: 12 Jan 2018
[ Exception to limitation period for discipiinaiy action: Piace a check mark by the exceptions to limitations that apply |Days Toiled|
I I Written waiver of limitation by officer
n Ongoing criminal investigation or criminal prosecution
r~| Officer incapacitated or unavailable
n iulti-jurisdictional inv^gation
n Emergency or natural disaster as declared by the Governor

13. Criminal Charge Filed: NONE

14. Aoencv Discipiinarv Action: Letter of Reprimand and Forefeiture of 80 hours of Leave Time
15. If the allegation has been sustained and determined to be a violation of Section 943.13(4) or (7), F.S. or Rule 11B-27.0011, F.A.C., attach and forward the
following documentation to the Florida Department of Law Enforcement.
Summary of the Facts Q Intemai investigation Report Name and Address of Witness PI
Witness Statement/Disposition p] Certified Court Documents P] Other Supportive information P]
NOTICE: Pursuant to Section 943.1395(5), F.S., an employing agency must conduct an intemai investigation when having cause to suspect that an officer it
employs or employed at the time of the alleged violation, or employed on a Temporary Employment Authorization is not in compliance with Section 943.13(4) or (7),
F.S. or Rule 14B-27.0011, F.A.C. If the investigation is sustained, the employing agency must forward a report to the Commission as specified by Rule

//u,
16. Agency administrator'S'^pi^re 17. Date signed

Carlos E. Noriega - Chief of Police

18. Agency administrator's name and title
Created 1/1/1993 Original - FDLE Copy-Agency 1of2 Commission-Approved Revisions: 8/4/16
Form Effective Date: 7/2017
 INSTRUCTIONS FOR COMPLETING FORM CJSTC-78
The internal Investigation Report form should be completed any time an
internal investigation has been completed.
1. Use this form to report to the Commission any sustained allegations(s) of
non-compliance with Section 943.13(4) or (7), F.S., or Rule
11B-27.0011. F.A.C.
2. Submit this form within 45 days of the date the allegation has been
sustained.
3. Submit this form to the Criminal Justice Professionalism Program if the
circumstances meet the following criteria:
o The officer pleads guilty, no contest, is found guilty, or is convicted of
any felony or of a misdemeanor involving peijury or a false statement,
regardless of withheld adjudication or suspended sentence.
• A plea of guilty or a verdict of guilty for any of the enumerated
misdemeanor violations or, the perpetration by an officer of an act that
would constitute any ofthe enumerated misdemeanors.
4. The substantiated facts involve an act or conduct which constitutes:
• Excessive use offorce;
• Misuse of official position (Section 112.313(6), F.S.;
• Having an unproliessional relationship with an inmate, detainee,
probationer or parolee, or community controllee;
• Sexual harassment involving physical contact or misuse of ofRciai
position;
• Engaging in s^ while on duty;
• False statements during the employment application process;
• Violation of standards of test administration for the Basic Abilities Test
(BAT)or State Officer Certification Examination(SOCE);
• Conduct which subverts or attempts to subvert the Criminal Justice
Standards and Training Commission, criminal justice training school,
or employing agency examination process.
• Any overt, conspicuous, or public act of a sexual or simulated sexual
nature which is likely to be observed by others;
• Any willfiil and offensive exposure or exhibition of sexual organs in
public or on the private premises of another or so near that it is likely to
be seen, except in any place provided or set apartfor that purpose;
• Willfiil failure of the agency head to comply with Chapter 943, F.S., as
it pertains to Commission rule;
• Intentional abuse of a Temporary Employment Authorization;
• Any willful and knowledgeable misuse of electronic databases used to
access restricted informat'on for an ill^itimate or personal purpose
with bad intent;
• Testing positive for any controlled substances.
NOTE: DO NOT forward this form to the Criminal Justice Professionalism
Program if the allegations have been sustained, but are violations of agency policy
only, or other sgency disposition has been found. If the allegations do not prove
to be a violation of Section 943.13(4) or (7), F.S. or Rule 11B-27.0011, F.A.C., a
copy of this form should be made a part of tiie investigative package and kept on
file at the agency.
HOW TO COMPLETE EACH ITEM
1. Officer's Social Security Number. Enter the last four digits of the officer's social
security number as in this example: 000-00-1234.
2. Officer's Name. Enter the officer's legal last and first name. If the officer has
middle initial, enter it above Mi.
3. Officer's Last Known Address. Enter the officer's last known street address
including the apartment number or P.O. Box number and the city. Enter the two-
digit U.S. Postmaster's abbreviation of state and nine-digit zip code for the last
known address on the third line. Enter the first five digits of the zip code as in this
example: 32314-6554.
4. Officer's Telephone Number. Enter the officer's last known personal telephone
number as in this example: (123)456-7891.
5. Agency ORI: Enter the last seven digits of the agency's originating agency
Identifier number. There are nine digits in agency ORI codes. The first two have
been entered, which are PL Enter as in this example: FL0370000.
6. Agency Name. Enter the agency's name.
FORMCJSTC.78
2 of 2
7. Agency Contact Person. Enter the name of person in your agency who can
provide additional information to the Criminal Justice Standards and Training
Commission regarding the officer's misconduct
8. Agency Contact Telephone Number. Enter the telephone number of the contact
person whose name you entered in item 7.
9. Agency FAX Number. Enter the FAX number for the agency if the agency has
one.
10. Nature of Allegation(s). Enter a brief explanation of the Dicer's misconduct
Indicate in the narrative whether the elements of the misconduct constitute a felony
or misdemeanor, whether criminally charged or not, or, constitutes a moral
character violation.
11. Agency Disposition. Indicate the findings of the internal investigation by entering
an X beside the appropriate box.
• Sustained: Violation of Section 943.13(4) or (7) F.S., or Rule
11B-27.0011, F.A.C. In this case, the Intemal Investigation Report form
should be fbnwarded to the Criminal Justice Professionalism Program along
Sustained: Violation of Agency Policy. This indicates a violation of
agency rules and/or regulations. These violations do not need to be reported
to the Criminal Justice Professionalism Program.
Not Sustained: Insufficient evidence available to prove or disprove the
Unfounded: This indicates that the allegations are false or not supported
• Exonerated - This indicates that the internal investigation determined that
the alleged actions occurred but were lawful and proper.
12. Limitation Period for Disciplinary Action. Enter the date the intemal
investigation was Initiated and completed. If any exceptions to the limitation period
for disciplinary action exist, check all that apply and indicate the number of days
tolled.
13. Criminal Charges Filed. Enter whether or not criminal charges were filed against
the officer for the sustained misconduct If criminal charges were filed. Indicate
charge and disposition along with the court case number. In addition, attach copies
of all available court documentation.
14. Agenr^ Disciplinary Action. Enter the type of administrative disciplinary action
taken, iif applicable i.e.; suspension, probation, etc.
15. Attach and Forward the Following, if the allegations have been sustained and
determined to be a violation of Section 943.13(4) or (7), F.S. or Rule 118-27.0011,
F.AC., indicate which of the following information has tieen attached with this form
by entering an X beside the appropriate box.
Summary ofthe Facts. This should be in the form of letter and/or report
giving a brief synopsis ofthe facts.
Intemal Inv^gation Report This should be a copy of the Intemal
Witness Information. This should include names, addresses and telephone
numbers of individuals who witnessed the officer's misconduct
Statements and Depositions. This should include any and ail sworn
Certified Court Documents. This should Include any evidence, pictures,
audio or video tapes, etc., or any other information that would support the
16. Agency Administrator's Signature. Agency administrator or deslgnee's
17. Date Signed. The date the agency administrator or designee signed this form.
18. Agency Administrator's Name and Title. Type or print in black ink the agency
administrator or deslgnee's name and title.
AGENCY REQUIREMENTS
Submit the completed name change form and attachments to: Florida
Department of Law Enforcement, Criminal Justice Professionalism
Program, Post Office Box 1489, Tallahassee, Florida 32302-1489,
Attention: Professional Compliance.
 H BAY VILLAGE

POLICE
1666 John F Kennedy Causeway

MEMORANDUM
From: Chief Carlos Noriega
To; Lieutenant James McCready
j y Phone; 305.758.2626
/ v/ww.NBVillage.com
Carlos E. Noriega
chief ofPolice

Subject: Letter of Reprimand

Date: 16 January 2018

On September 11''^, 2017 Chief Carlos Noriega became aware of an allegation involving a violation of
Department Policy, which occurred during the Hurricane Irma landfall operations. The Chief filed an Intemal
Affairs complaint and investigation 17-003-IA was opened with you listed as one of the Subject Officers. The
findings of the investigation Sustained a violation of Department Policy 118 (Rules of Conduct), and as a result
of the violation committed in this matter you are being issued this Letter of Reprimand, will forfeit eighty (80)
hours of accrued leave, and be removed from the Landfall Team for a period of 12 months.

You have agreed to accept responsibility for the aforementioned policy violation, and have agreed to the terms of
the discipline recommended for your infraction. This action will officially close out this matter and a copy of this
record of discipline will be placed in your personnel file. It is important to note that any further violations of
Department Policy can result in additional progressive discipline up to and including termination.

My signature below indicates that ! have received this document and that I agree with the terms contained
herein.

Signature:
 INTERNAL INVESTIGATION REPORT
Florida Department of incorporated by Reference in Rule 11B-20.001(3){a)5.b., and 11B-27.003(2)a., FAC.
Law Enforcement

Please type or print in black or blue and use capital and small letters for names,titles, and address

OFFICER

1. Last Four Digits of Officer's Social Security Number:

2. Officer's Name: McVay James

Last First Ml

3. offirer's I ast Known Address: 1666 John F Kennedy Causeway, Suite #300 North Bay Village FL 33141
Street City State Zip Code

4. Officer's Telephone Number: 305.758.2626

AGENCY

5. Agency GRI: FL 0131700 g. Aaencv Name: North Bay Village Police Department
7. Agency Contact Person: Samuel Bejar 8. Agency Contact Person's Telephone Number 305.758.2626 x25
9. Aaencv Fax Number 305.722.8564
VIOLATION - ALLEGATION
10. Nature of Allegatlon(s):

Violation of Agency Policy / Rules: Policy 118 - Rules of Conduct - E.Q.b Intempernace prohibited
11. Agency Disposition: Sustained -(Violation of Section 943.13(4)or(7)or Rule 11 B-27.0011, F.A.C. f"!
Sustained-(Violation of Agency Policy): [x| Not Sustained: Q Unfounded: Q Exonerated: Q
12. Limitation Period for Disciplinary Action: Date Internal Investigation Initiated: 12 Sept 201 Bate Internal Investigation Completed: 12 Jan 2018
I Exception to limitation period for disciplinary action: Place a check mark by the exceptions to limitations that apply | Days Tolled
I I Written waiver of limitation by officer
I I Ongoing criminal Investigation or criminal prosecution
rn Officer Incapacitated or unavailable
□ Multi-juiisdictional Investigation
□ Emergency or natural disaster as declared by the Governor

13. Criminal Charges Filed: NONE

14. Aqencv Disclpllnarv Action: Letter of Reprimand and Forefeiture of 16 hours of Leave Time
15. If the allegation has been sustained and determined to be a violation of Section 943.13(4) or (7), F.S, or Rule 11B-27.0011, F.A.C., attach and forward the
following documentation to the Florida Department of Law Enforcement.
Summary of the Facts internal Investigation Report Name and Address of Witness

Witness Statement/Disposition Certified Court Documents Q Other Supportive Information Q

NOTICE: Pursuant to Section 943.1395(5), F.S., an employing agency must conduct an internal investigation when having cause to suspect that an officer it
employs or employed at the time of the alleged violation, or employed on a Temporary Employment Authorization is not in compliance with Section 943.13(4) or (7),
F.S. or Rui^^B;^.0011^.A.C. If the Investigation Is sustained, the employing agency must forward a report to the Commission as specified by Rule
11B-27.09
/// IA

16. Agency administrator's signi 17. Date signed

Carlos E. Noriega - Chief of Police

18. Agency administrator's name and title

Created 1/1/1993 Original - FDLE Copy - Agency 1of2 Commission-Approved Revisions: 8/4/16
Form Effective Date: 7/2017
 INSTRUCTIONS FOR COMPLETING FORM CJSTC-78
The Internal Investigation Report form should be completed any time an
internal investigation has been completed.
1. Use this form to report to the Commission any sustained allegations(s) of
non-compliance with Section 943.13(4) or (7), F.S., or Rule
11B-27.0011. F.A.C.
2. Submit this form within 45 days of the date the allegation has been
sustained.
3. Submit this form to the Criminal Justice Professionalism Program if the
circumstances meet the following criteria:
• The officer pleads guilty, no contest, is found guilty, or is convicted of
any felony or of a misdemeanor involving perjury or a false statement,
regardless of withheld adjudication or suspended sentence.
• A plea of guilty or a verdict of guilty for any of the enumerated
misdemeanor violations or, the perpetration by an officer of an act that
would constitute any of the enumerated misdemeanors.
4. The substantiated facts involve an act or conduct which constitutes:
• Excessive use of force;
• Misuse of official position (Section 112.313(6), F.S.;
• Having an unprofessional relationship with an inmate, detainee,
probationer or parolee, or community controllee;
• Sexual harassment involving physical contact or misuse of official
position;
• Engaging in sex while on duty;
• False statements during the employment application process;
• Violation of standards of test administration for the Basic Abilities Test
(BAT)or State Officer Certification Examination (SOCE);
• Conduct which subverts or attempts to subvert the Criminal Justice
Standards and Training Commission, criminal justice training school,
or employing agency examination process.
• Any overt, conspicuous, or public act of a sexual or simulated sexual
nature which is likely to be observed by others;
• Any willful and offensive exposure or exhibition of sexual organs in
public or on the private premises of another or so near that it is likely to
be seen, except in any place provided or set apart for that purpose;
• Willful failure of the agency head to comply with Chapter 943, F.S., as
it pertains to Commission rule;
• Intentional abuse of a Temporary Employment Authorization;
• Any willful and knowledgeable misuse of electronic databases used to
access restricted information for an illegitimate or personal purpose
with bad intent;
• Testing positive for any controlled substances.
NOTE: DO NOT forward this form to the Criminal Justice Professionalism
Program if the allegations have been sustained, but are violations of agency policy
only, or other agency disposition has been found. If the allegations do not prove
to be a violation of Section 943.13(4) or (7), F.S. or Rule 11B-27.0011, F.A.C., a
copy of this form should be made a part of the investigative package and kept on
file at the agency.
HOW TO COMPLETE EACH ITEM
1. Officer's Social Security Number. Enter the last four digits of the officer's social
security number as in this example: 000-00-1234.
2. Officer's Name. Enter the officer's legal last and first name. If the officer has
middle initial, enter it above Ml.
3. Officer's Last Known Address. Enter the officer's last known street address
including the apartment number or P.O. Box number and the city. Enter the two-
digit U.S. Postmaster's abbreviation of state and nine-digit zip code for the last
known address on the third line. Enter the first five digits of the zip code as In this
example: 32314-6554.
4. Officer's Telephone Number. Enter the officer's last known personal telephone
number as in this example: (123)456-7891.
5. Agency OR!: Enter the last seven digits of the agency's originating agency
identifier number. There are nine digits in agency ORI codes. The first two have
been entered, which are FL. Enter as in this example: FL0370000.
6. Agency Name. Enterthe agency's name.
FORM CJSTC-78
2 of 2
7. Agency Contact Person. Enter the name of person in your agency who can
provide additional information to the Criminal Justice Standards and Training
Commission regarding the officer's misconduct
8. Agency Contact Telephone Number. Enter the telephone number of the contact
person whose name you entered in item 7.
9. Agency FAX Number. Enter the FAX number for the agency if the agency has
one.
10. Nature of Allegation(s). Enter a brief explanation of the officer's misconduct
Indicate in the narrative whether the elements of the misconduct constitute a felony
or misdemeanor, whether criminally charged or not, or, constitutes a moral
character violation.
11. Agency Disposition. Indicate the findings of the intemal investigation by entering
an X beside the appropriate box.
• Sustained: Violation of Section 943.13(4) or (7) F.S., or Rule
11B-27.0011, F.A.C. In this case, the Intemal Investigation Report form
should be forwarded to the Criminal Justice Professionalism Program along
with supporting documentation.
• Sustained: Violation of Agency Policy. This indicates a violation of
agency rules and/or regulations. These violations do not need to be reported
to the Criminal Justice Professionalism Program.
• Not Sustained: Insufficient evidence available to prove or disprove the
allegation.
• Unfounded: This indicates that the allegations are false or not supported
• Exonerated - This indicates that the intemal investigation determined that
the alleged actions occurred but were lawful and proper.
12. Limitation Period for Disciplinary Action. Enter the date the intemal
investigation was initiated and completed, if any exceptions to the limitation period
for disciplinary action exist, check ail that apply and indicate the number of days
tolled.
13. Criminal Charges Filed. Enter whether or not criminal charges were filed against
the officer for the sustained misconduct. If criminal charges were filed, indicate
charge and disposition along with the court case number. In addition, attach copies
of all available court documentation.
14. Agency Disciplinary Action. Enter the type of administrative disciplinary action
taken, if applicable i.e.; suspension, probation, etc.
15. Attach and Forward the Following. If the allegations have been sustained and
determined to be a violation of Section 943.13(4) or (7), F.S. or Rule 11B-27.0011,
F.A.C.. indicate which of the following information has t)een attached with this form
by entering an X beside the appropriate box.
• Summary of the Facts. This should be in the form of letter and/or report
giving a brief synopsis of the facts.
• Intemal investigation Report This should be a copy of the intemal
investigation report regarding the officer's misconduct
• Witness Information. This should include names, addresses and telephone
numbers of individuals who witnessed the officer's misconduct
• Statements and Depositions. This should include any and all swom
testimony from either the officer or witnesses.
• Certified Court Documents. This should include any evidence, pictures,
audio or video tapes, etc., or any other information that would support the
sustained allegation of officer misconduct.
16. Agency Administrator's Signature. Agency administrator or designee's
17. Date Signed. The date the agency administrator or designee signed this form.
18. Agency Administrator's Name and Title. Type or print in black ink the agency
administrator or designee's name and title.
AGENCY REQUIREMENTS
Submit the completed name change form and attachments to: Florida
Department of Law Enforcement, Criminal Justice Professionalism
Program, Post OfTice Box 1489, Tallahassee, Florida 32302-1489,
Attention: Professional Compliance.
 Bay
POLICE
1666 John F Kennedy Causeway
Suite #300
MEMORANDUM/'mx r:r».„.a33u,
North Bay Village, Fl 33141

Phone: 305.758.2626
From: Lieutenant Brian Collins I www.NBViiiage.com
www.NBVillage.com

Carlos E. Noriega
To: Sergeant James Steven McVay chief
Chiefof
ofPolice
Police

Subject: Letter of Reprimand

Date: 16 January 2018

On September 11"^, 2017 Chief Carlos Noriega became aware of an allegation involving a violation of
Department Policy, which occurred during the Hurricane Irma landfall operations. The Chief filed an Internal
Affairs complaint and investigation 17-003-IA was opened with you listed as one of the Subject Officers. The
findings of the investigation Sustained a violation of Department Policy 118 (Rules of Conduct), and as a result
of the violation committed in this matter you are being issued this Letter of Reprimand and will forfeit sixteen
(16) hours of accrued leave.

You have agreed to accept responsibility for the aforementioned policy violation, and have agreed to the terms of
the discipline recommended for your infraction. This action will officially close out this matter and a copy of this
record of discipline will be placed in your personnel file. It is important to note that any further violations of
Department Policy can result in additional progressive discipline up to and including termination.

My signature below indicates that I have received this^ocument and that ! agree with the terms contained
herein. . . <<Cr)

Signature: DateiJ-"^ 1 U-"

 ..i":
' 1 11 "
POLICE
1666 John F Kennedy Causeway

MEMORANDUft^^ r™...33,.,
(
From: Lieutenant Brian Collins[ 1 "a Phone: 305.758.2626
www,NBVillage.com
Carlos E. Noriega
To^ Detective Manny Casais chief ofPolice
Subject; Letter of Reprimand

Date: 16 January 2018

On September 11*"^, 2017 Chief Carlos Noriega became aware of an allegation involving a violation of
Department Policy, which occurred during the Hurricane Irma landfall operations. The Chief filed an Internal
Affairs complaint and investigation 17-003-IA was opened with you listed as one of the Subject Officers. The
findings of the investigation Sustained a violation of Department Policy 118 (Rules of Conduct), and as a result
of the violation committed in this matter you are being issued this Letter of Reprimand and will forfeit eight (8)
hours of accrued leave.

You have agreed to accept responsibility for the aforementioned policy violation, and have agreed to the terms of
the discipline recommended for your infraction. This action will officially close out this matter and a copy of this
record of discipline will be placed in your personnel file. It is important to note that any further violations of
Department Policy can result in additional progressive discipline up to and including termination.

My signature below indicaji^ that I have received this document and that I agree with the terms contained
herein. ////

Signature: Date:
Jh
oAliUflSoih-
/ /
 POLICE
1666 John F Kennedy Causeway
Suite #300
MEMORANDU North Bay Village, PL 33141

Phone: 305.758.2626
From: Lieutenant Brian Collins { www.NBViiiage.com
www.NBVilla9e.com

Carlos E. Noriega
To: Officer Ismael Chevalier chief
Chiefof
of Police
Police

Subject: Letter of Reprimand

Date: 16 January 2018

On September 11*^, 2017 Chief Carlos Noriega became aware of an allegation involving a violation of
Department Policy, which occurred during the Hurricane Irma landfall operations. The Chief filed an Internal
Affairs complaint and investigation 17-003-IA was opened with you listed as one of the Subject Officers. The
findings of the investigation Sustained a violation of Department Policy 118 (Rules of Conduct), and as a result
of the violation committed in this matter you are being issued this Letter of Reprimand and will forfeit eight (8)
hours of accrued leave.

You have agreed to accept responsibility for the aforementioned policy violation, and have agreed to the terms of
the discipline recommended for your infraction. This action will officially close out this matter and a copy of this
record of discipline will be placed in your personnel file. It is important to note that any further violations of
Department Policy can result in additional progressive discipline up to and including termination.

My signature below indicates that I have received this document and that I agree with the terms contained
herein.

Signature.;- 1'^ / r) / gC
 POLICE
1666 John F Kennedy Causeway
Suite #300
MEMORANDUM North Bay Village, PL 33141

Phone: 305.758.2626
From: Lieutenant Brian Collins V www.NBVillage.com

Carlos E. Noriega
To: Officer Norlan Benitez chief
Chiefof
ofPolice
Police

Subject: Letter of Reprimand

Date: 16 January 2018

On September 11^, 2017 Chief Carlos Noriega became aware of an allegation involving a violation of
Department Policy, which occurred during the Hurricane Irma landfall operations. The Chief filed an Internal
Affairs complaint and investigation 17-003-IA was opened with you listed as one of the Subject Officers. The
findings of the investigation Sustained a violation of Department Policy 118 (Rules of Conduct), and as a result
of the violation committed in this matter you are being issued this Letter of Reprimand and will forfeit eight (8)
hours of accrued leave.

You have agreed to accept responsibility for the aforementioned policy violation, and have agreed to the terms of
the discipline recommended for your infraction. This action will officially close out this matter and a copy of this
record of discipline will be placed in your personnel file. It is important to note that any further violations of
Department Policy can result in additional progressive discipline up to and including termination.

My signature below indicates that I have received this document and that I agree with the terms contained
herein.

1.-- y <
 POLICE &1666 John F Kennedy Causeway
Suite #300
MEMORANDUM North Boy Village, FL 33141

Phone: 305.758.2626
From: Lieutenant Brian Collins ww w.NB
ww w.NB Vil
VilIcge.com
lage.com

Carlos E. Noriega
To: Officer Ethan Cherasia chief ofPolice
Subject: Letter of Reprimand

Date: 16 January 2018

On September 11*^, 2017 Chief Carlos Noriega became aware of an allegation involving a violation of
Department Policy, which occurred during the Hurricane Irma landfall operations. The Chief filed an Internal
Affairs complaint and investigation 17-003-IA was opened with you listed as one of the Subject Officers. The
findings of the investigation Sustained a violation of Department Policy 118 (Rules of Conduct), and as a result
of the violation committed in this matter you are being issued this Letter of Reprimand and your job status has
been reclassified from Part-Time Police Officer to Reserve Police Officer.

You have agreed to accept responsibility for the aforementioned policy violation, and have agreed to the terms of
the discipline recommended for your infraction. This action will officially close out this matter and a copy of this
record of discipline will be placed in your personnel file. It is important to note that any further violations of
Department Policy can result in additional progressive discipline up to and including termination.

My signature below indicates ^at I have received this document and that I agree with the terms contained
herein. / /

Signature: Date:
 4^ i»^

r«ft ii»m^

•' -v' -% , -^wm

\
Event Narrative

Hurricane Irma was an extremely powerful and catastrophic hurricane and was one of the most
intense storms observed in the Atlantic in decades. Irma caused widespread and devastating
damages, particularly in parts of the northeastern Caribbean and was forecasted to affect South
Florida. This Category 4 Hurricane had maximum sustained winds of 130mph before malcing
landfall on Cudjoe Key. Some ofthose strong sustained winds had an impact in our village

Landfall Team Staffing

Law Enforcement operations during Hurricane Trma involved a Tlandfall Team with (1)
Lieutenant,(1) Sergeant,(1)Detective,(2) Emergoicy Operations Personnel,(1)Public Works
Siq)erintQidait and(6)ofBcers.
Detectives were integrated into patrol op^tions viiere they responded to calls for service and/or
assisted with any special details or investigative needs. There were two trafihc units deployed to
the landfall time to assist with the handling oftraffic control points pre-storm and post-storm.
Landfatt TmmAmsnmenis

Shift Commando:: T.ientenant James McCready

Shift Siqreryisor and EOC Liaison: Sergeant: James McVay
EOC / Assignment: Officer Lisa Gittna
EOC/ Assignment: Evelyn HerbeUo
Logistics and Patrol: Detective Maimel A.Casais
Logistics and Patrol: Officer Amy Suaiez
Patrol: Officer Walter S^dak
Patrol: Officer Ethan Qierasia
Patrol and Traffic: Officer Ismael Chevalier
Patrol and Traffic: Officer Norlan Benitez
Public Works Simerintendent: Timothy Smith

Logistics

The use often(10)North Bay Village Police Department high water(SUV)vehicles were used
for Landfall Team assignments and deployments. During Landfall opoations pre-storm and post-
storm we had a spare fleet of an additional seven (7) vehicles which were housed at the MODA
property. There was one Village emergency management employee and one police officer
assigned to the EOC which were stationed at the North Miami Beach Police Department.
Assigned to the Landfall Team was the Public Works Superintendent to address any public
works related situations that may arise pre-storm and post-storm. Marine Patrol operations were
canceled until post-storm and our marine patrol vessel was housed at the Opa-Locka Security
Hanger reference security storage.
Emergency Operations Center

❖ North Miami Beach Police Department - 16901 NE 19 Avenue, North Miami Beach,
Florida

Vehicle Assignment

Shift Commander: Lieutenant James McCready-Unit 1204

Shift Siqjervisor: Sergeant: Steve McVay-Unit 1501
Detective: Manuel A. Casais-Unit0504
EOC / Assignm^t: Officer Lisa Gittner- Unit 1604
EGG/ Assignment: Evelyn Herbello-Personal Transportation
Officer Amy Suarez-Unit 1502
Officer Walter Sajdak- Unit 1206
Officer Ismael Chevalier- Unit 0301
Officer Norlan Benitez - Unit 0301
Officer Ethan Cherasia- Unit 0504
Public Works Superintendent Timothy Smith-Public Works Pickup Truck

Spare Vehicles

Unit #0080
Unit #0401
Unit# 1210
Unit #0090
Unit #0072
Unit# 1215
Unit #0064

Marine Patrol

❖ (1)Donzi Police Boat(Housed Opa-Locka Security Hanger)

❖ (1)Boat Trailer(Housed Opa-Locka Security Hanger)

Outside Resources

❖ North Miami Beach Police Department E.O.C

♦t* North Miami Beach Police Department Motor Pool
❖ Mama Jennie's Restaurant
❖ MODA Property-8000 West Drive, North Bay Village, Florida
Landfall Team Summary

On Saturday, September 9*^, 2017, at 0700 hrs. the No]^ Bay Village Police Department's
Landfall Team was activated in response to Hurricane Irma who was threatening to shike South
Florida. By midaftemoon, a favorable shift in the storms forecast strongly suggested that North
Bay Village was no longer at risk of getting Irma's hurricane force winds,it was more likely that
the Village would experience strong tropical storm force conditions.

Based on that information,the plan to evacuate the Landfall Team from North Bay Village to the
North Miami Beach Emergency Operations Carter (EGG) was revised. This allowed the
Landfall Team to stay in the Village and provide services for a longer period of time, and
provide an immediate pre-storm/post-storm response.

Law Enforcement Operations fPre-Storml

Some pre-storm operational assignments iucluded the following firom on Saturday, September 9***
from approximately 0700 - 2330 hrs.:

Traffic control points

Business checks
Assisting with the evacuation.
Aggressively patrolling the islands in a high visibility manner using overhead emergency
lights.
Continued all watch order checks
Sending out Code Red alerts
Assisting the Public Works Department
Dilating the Village's website
Updating the LED signage

These tasks were being completed while handling a high volume amount of service calls
including several medical emagencies, fire and burglar alarm calls. Communications had to be
covered by a Landfall team member for four(4)hours as one Dispatcher was absent.

By approximately 2130 hrs, the weather had completely deteriorated and a Tornado Warning
was in effect. Team members were already reporting trees and powerlines down and flooding on
Harbor and Treasures Islands.
 ii; ■

Photo text by Officer

Casais on Saturday,
--X az%
r-43fc- September 9, 2017 at
10:05 pm.to all Landfall
Team.

Note - There was an unusual high number of suspicious persons and vehicles that were located
by our team just prior to the storm. These persons were escorted out ofthe Village immediately.

At approximately 2230 hrs. we responded to the North Miami Beach Police Department m two
different groups reference fueling.

Upon our return and during the approach of the storm just before rmdmght on Saturday,
September 9'^, there was a several hour time frame (approximately 2345 -0700 hrs.) that normal
patrol operations ceased due to conditions being unsafe and officer fatigue.

Photo text by Officer A

Gittner from the EGG
on Saturday,
September 9, 2017 at
10:11 pm.to all
Landfall Team.
Note - At approximately 0530 hrs. while the team was stiU resting, I leamed that Hurrieane Irma
had stalled overnight, and tropical conditions were going to affect us longer than originally
thought.

At about 0645hrs. a lull in the storm, safely allowed another high visibUity patrol and
assessment. Each Team member forwarded photographs of flooding, down trees and other
information to our EOC representative (for documentation) and also to Police Chief Noriega.
These activities were conducted and concluded before bunking down once again at
approximately 0900 hrs as all County services were suspended.

While bunkered down. North Miami Beach EOC responded in their M-Rap to borrow one
portable a/c unit (SoleUSAair ISOOObtu SS# 802900100192) as they were collecting them from
several municipalities to help keep their servers from overheating.

Law Enforcement Operations(Post Storm

At approximately 1700 hrs. when the weather permitted, the Landfall team was redeployed and
began assessing the damages from the storm (refer to NBVPD EOC Situation Reports). Team
members were advised not to exit vehicles due to possible electrical hazards as a result of heavy
winds taking down power lines and possible significant flooding. Team members were assigned
areas of responsibihties on aU three islands to assess damages. The team discovered the
followings:
❖ Mass power outages
❖ Traffic lights out
❖ Dovra electrical wires
❖ Road blockage due to fallen trees
❖ Mass flooding throughout the islands.

Once again, location and photographs were being sent real-time to our E.O.C. representative and
Police Chief Noriega (some pictures below). In addition, calls for service were being received,
dispatched and handled beginning at approximately 2000 hrs.
Other post-storm operational assignments included the following from until relieved at
approximately 0800 ^s. on Monday,September 11,2017.
❖ Checking welfare ofresidents
C* Saturation patrol of the islands in a high visibility manner using overhead emergency
lights.
Traffic control points
Business checks
Continued all watch order checks
❖ Removing debris from roadways
❖ Assisting residents returning to their homes

Future Considerations / Observations

❖ There was insufficient manpower(minimum staff ofthree)on the shiftjust prior to the
Landfall Team being called in.
*> None and/or communication from a dispatcher left the Landfall team with the
responsibility ofcovering communications for four hours.
*1* Hurricane Supplies wrae insufficient as there was not enough cots/mattresses(4),lanterns
(0), portable a/c units/fans(3)and no food/snacks on hand.
❖ Have EOC stafftrained — Report received was vague and general without much details.
Police need access to road barrios and barricaded immediately after storm.
❖ Create a Code Red Group for Police Department Employees.
Gas needs to be made available.
❖ More resources from Public Works should be available prior and during the storm.

Conclusion

Hurricane Irma was a very dangerous storm with substantial winds. Even though North Bay
Village was not directly impacted by the eye of the storm, significant damages occurred and
were documented by the Landfall team. Physical property damage to homes,vehicles, vessels,
down power lines and Village landscaping are some of the many discovered. There were no
heavy structural damage revealed during the initial and follow up surve)^ conducted by our
Team. There was heavy flooding on North Bay and Treasure Islands and moderate flooding on
Harbor Island. It is very likely that more damage and hazards will be discovered later on when
access to these areas is regained. Most important,there were no reports of any injuries and/or
fatalities related to Hurricane Irma within our Village

The dedication and forward thinking of Landfall Team Members cannot be overstated. They
were exceptional at completing tasks related to their assignihents and worked together
towards the common goals.
 MORTH BAY VILLAGE POLICE DEPARTIWIENT

MEMORANOUiyi

DATE: December 11,2017

TO: Chief Carlos Noriega \| \

FROM: Lieutenant Brian Collins

SUBJECT: Officer Walter Sajdak

On December 11, 2017, Officer Walter Sajdak came by my office and requested to see me.
Officer Sajdak explained to me that since he reported the drinking on duty by members who
working the Landfall Team during Hurricane Irma that he feels that he's being targeted. Officer
Sajdak advised me that he wanted to file a Whistle Blower complaint and needed assistance.

I inquired as to the nature of his complaint and Officer Sajdak relayed to me that he feels like
people are out to get him. He also expressed concern that he feels as though he's being
followed by members of this agency. Officer Sajdak also purported being contacted by a
member of the Miami Beach Police Department who told him to watch his back because "they"
are after you. I asked Officer Sajdak if he could provide me with any specific examples of any
harassment to which he stated no.

After our meeting Officer Sajdak and 1 went to the office of Chief Carlos Noriega to meet and
discuss the concerns brought forward by Officer Sajdak. Once debriefed on Officer Sajdak's
concerns Chief Noriega asked Officer Sajdak if he could provide any specific incidents where he
was harassed or to support any of his concerns. Officer Sajdak was unable to do so stating that
his concerns are due to the way he feels. Chief Noriega personally assured Officer Sajdak that
there is no official action or other information that he is aware of to support what he is feeling.

Given that there was no specific incidents cited by Officer Sajdak there is no complaint at this
time. 1 did follow up with Officer Sajdak and advised him that if he experiences any issues of
harassment that he Is to call me immediately. During my initial encounter. Officer Sajdak
expressed desire to meet with Human Resources. I explained to him that if he wanted to meet
with Human Resources that he needed to e-mail me a formal request and that we would
facilitate the meeting.
 NORTH BAY VILLAGE POLICE DEPARTMENT

MEMORANDUM

DATE: October 10,2017

TO: Chief Carlos Noriega\j ^ \

FROM: IllnsI
Lieutenant Brian Collins

SUBJECT: Officer Walter Sajdak

a''" ^

On October 9,2017, In the early afternoon I was In my office having a conversation'with

Officer Walter Ssydak. During the conversation Officer Sajdak told me he vented to
Inform me of something. Officer Sajdak stated that during a conversation with Detective
Steve Brent Detective Brent made the follrwving statement "if s(»iieone loses their Job
over the hurric^e thing, you better be (sreful, these gu^ know where you live."

Officer Sajdak stated that he didn't think much of It until he shared the Information with
Sergeant Guevara who urged him to notify me. Officer Sajdak also stated that he did
not want to make this a "thing"; he only vwinted to make me avrare.

Later that evening I asked Officer Sajdak to author a m^orandum regarding the above
conversation. Officer Seydak authored the memorandum as requested. In his
memorandum Officer Sajdak stated that he did not feel threatened by Detective Brenfs
remarks. Officer Sajdak stated that he felt as though Detective Brent vi»s concem^ for
his safety. Officer Sajdak also stated that he ck^ not wish to make a complaint
regarding this Incident; he only wanted to make me aware.

Based on the Information provided by Officer Sajdak this item Is closed and no further
action will be taken.

cc: Officer Walter Sajdak

File
 North Bay Village Police Department

Date: October 10,2017

To: Lientenant CoDms

From: Officer Walter Sajdak

Subject: Personal Conversation

I would like to memorialize a conversation I had with you in your office on 10/09y^017. During
our conversation I told you about a conversation I had with Detective Brent on 10/05/2017. In
my conversation with Detective Brent, we were speaking in generalities and hypotheticals, about
an incident viiich occurred in city hall on 09/09/2017. During that conversation, he stated that I
"need to be careful ifanyone ofthese guys gets fired because ofthe incident, because they know
where I live". I believe Detective Brent was concerned for my safety, and wasn't attempting to
make any threat To reiterate, I don't want to make any formal or unformal complaint of my
conversation with Detective Brent.

Respectfiilly Submitted
 NORTH BAY VILLAGE POLICE DEPARTMENT

MEMORANDUM NO. 18-01-01

DATE: January 17, 2018

TO: Sam Bejar, internal Affairs & Traija^ng A(

Bi Traimng Administrator
FROM: iice 1 'a/
Caries Noriega, Chief of Poiice

SUBJECT: 17-003-iA

In light of the "Response to Discipline" provided to me by Lieutenant James McCready

on 1/17^018,1 am of my own accord, reopening investigation 17-003-IA pursuant to the
provisions of 112.532(6)(b)(1).

C: Janice Rosado, Deputy Village Manager/HR Director

 INTERNAL INVESTIGATION REPORT
Florida Department of Incorporated by Reference in Rule 11B-20.001(3)(a)5.b., and 11B-27.003(2)a., FAC.
Law Enforcement

Please type or print In black or blue and use capital and small letters for names,titles, and address

OFFICER

1. Last Four Digits of Officer's Social Security Number:

2. Officer's Name: Chevalier . Ismael

Last First Ml

3. Officer's Last Known Address: 1666 John F Kennedy Causeway, Suite #300 North Bay Village FL 33141
Street City State Zip Code
4. Officer's Telephone Number: 305.758.2626
AGENCY
5. Agency ORI: FL 0131700 g. Agency Name: North Bay Village Police Department
7. Agency Contact Person: Samuel Bejar 8. Agency Contact Person's Telephone Number: 305.758.2626 x25
9. Agency Fax Number 305.722.8564
VIOLATION - ALLEGATION
10. Nature of Ailegation(s):
Violation of Agency Policy / Rules: Policy 118 - Rules of Conduct - E.9.b Intempernace prohibited
11. Agency Disposition: Sustained-(ViolationofSection943.13(4)or(7)orRule11B-27.0011, FAC. fl
Sustained-(Violation of Agency Policy): [3 Not Sustained: O Unfounded: Exonerated: Q
12. Limitation Period for Disciplinary Action: Date Internal Investigation Initiated:12 Sept 2017^ Intemal Investigation Compl^d: 12 Jan 2018
I Exception to limitation period for disciplinary action: Place a check mark by the exceptions to limitations that apply j Days Tolled|
rn Written waiver of limitation by officer
I I Ongoing criminal investigation or criminal prosecution
n Officer incapacitated or unavailable
I I Multi-jurisdictional inv^gatlon
n Emergency or natural disaster as declared by the Govemor
13. Criminal Charges Filed: NONE

14. Agencv Disciplinary Action: Letter of Reprimand and Forefeiture of eight(8) hours of Leave Time
15. If the allegation has been sustained and determined to be a violation of Section 943.13(4) or (7), F.S. or Rule 11B-27.0011, F.A.C., attach and forward the
following documentation to the Florida Department of Law Enforcement
Summary of the Facts n Internallnvestigation Report Q Name and Address of Witness
Witness Statement/Disposition []] Certified Court Documents Q Other Supportive Information Q
NOTICE: Pursuant to Section 943.1395(5), F.S., an employing agency must conduct an intemal investigation when having cause to suspect that an officer it
employs or employed at the time of the alleged violation, or employed on a Temporary Employment Authorization is not in compliance with Section 943.13(4) or(7),
F.S. or Rule lifi-27.0011, F.A.C. If the investigation is sustained, the employing agency must forward a report to the Commission as specified by Rule
11B-27.003>^

///^m
16. Agency administrator^ 17. Date Signed

Carlos E. Noriega ■ Chief of Police

18. Agency administrator's name and title

Created 1/1/1993 Original-FDLE Copy-Agency 1of2 Commission-Approved Revisions: 8/4/16

Form Effective Date: 7/2017
 INTERNAL INVESTIGATION REPORT
Florida Department of incorporated by Reference in Rule 11B-20.001(3)(a)5.b., and 11B-27.003{2)a., F.A.C.
Law Enforcement

Please type or print In black or blue and use capital and small letters for names,titles, and address

OFFICER

1. Last Four Digits of Officer's Social Security Number:

2. Officer's Name: Cherasia Ethan

Last First Ml

3. Officer's Last Known Address: 1666 John F Kennedy Causeway, Suite #300 North Bay Village FL 33141
Street City State Zip Code

4. Officer's Telephone Number: 305.758.2626

AGENCY

5. Agency ORI: FL 0131700 Agency Name: North Bay Village Police Department
7. Agency Contact Person: Samuel Bejar 8. Agency Contact Person's Telephone Number: 305.758.2626 x25
9. Agency Fax Number 305.722.8564
VIOLATION - ALLEGATION
10. Nature of Allegation(s):
Violation of Agency Policy / Rules: Policy 118 - Rules of Conduct ■ E.9.b Intempemace prohibited
11. Agency Disposition: Sustained -(Violation of Section 943.13(4)or(7)or Rule 11B-27.0D11, F.A.C. fl
Sustained-(Violation of Agency Policy): Not Sustained: Q Unfounded: Q Exonerated: O
12. Limitation Period for Disciplinary Action: Date Internal Investigation Initiated: 12 Sept 201 liate Intemal Inv^gation Completed: 12 Jan 2018
I Exception to limitation period for disciplinary action: Place a check mark by the exceptions to limitations that apply [ Days Tolled|
ri Written waiver of limitation by officer
n Ongoing criminal investigation or criminal prosecution
r~| Officer incapacitated or unavailable
I I Multi-jurisdictional investigation
n Emergency or natural disaster as deciared by the Govemor

13. Criminal Charges Filed: NONE

14. Aqencv Disclplinarv Action: Letter of Reprimand and Forefelture of eight(8) hours of Leave Time
15. If the allegation has been sustained and determined to be a violation of Section 943.13(4) or (7), F.S. or Rule 11B-27.0011, F.A.C., attach and fonA^ard the
following documentation to the Florida Department of Law Enforcement
Summary of the Facts I I Intemal Investigation Report Q Name and Address of Witness Q
Witness Statement/Disposition Q Certified Court Documents Q Other Supportive Information

NOTICE: Pursuant to Section 943.1395(5), F.S., an employing agency must conduct an intemal Investigation when having cause to suspect that an officer it
employs or employed at the time of the alleged violation, or employed on a Temporary Employment Authorization is not in compliance with Section 943.13(4) or (7),
F.S. or Rule 118^27.0011, F.A.C. If the investigation is sustained, the employing agency must forward a report to the Commission as specified by Rule
11B-27.003/y^ ^

16. Agency adminii 17. Date signed

Carlos E. Noriega ■ Chief of Police

18. Agency administrator's name and title

Created 1/1/1993 Original - FDLE Copy - Agency 1of2 Commission-Approved Revisions: 8/4/16
Form Effective Date: 7/2017
 INTERNAL INVESTIGATION REPORT
Florida Department of Incorporated by Reference In Rule 11B-20.001(3)(a)5.b., and 11B-27.003(2)a., FAC.
Law Enforcement

Please type or print In black or blue and use capital and small letters for names,titles, and address

OFFICER

1. Last Four Digits of Officer's Social Security Number:

2. Officer's Name: Casais Manuel
Last First Ml

3. Officer's Last Known Address: 1666 John F Kennedy Causeway, Suite #300 North Bay Village FL 33141
Street City State Zip Code
4. Officer's Telephone Number: 305.758.2626
AGENCY
5. Agency ORI: FL 0131700 6. Agency Name: North Bay Village Police Department
7. Agency Contact Person: Sarnuel Bejar 3 Agency Contact Person's Telephone Number: 305.758.2626 x25
9, Agency Fax Number: 305.722.8564
VIOLATION - ALLEGATION
10. Nature of Allegation(s):
Violation of Agency Policy / Rules: Policy 118 - Rules of Conduct - E.9.b Intempernace prohibited
11. Agency Disposition: Sustained-(ViolationofSection943.13(4)or{7)orRule11B-27.0011, FAC. fl
Sustained-(Violation of Agency Policy): [xj Not Sustained: Q Unfounded: Q Exonerated: []]
12. Limitation Period for Disciplinary Action: Date Intemal Investigation Initiated: 12 Sept 201 Date Intemal Investigation Completed: 12 Jan 2018
[ Exception to limitation period for disciplinary action: Place a check mark by the exceptions to limitations that apply | Days Tolled|
n Written waiver of limitation by officer
I I Ongoing criminal investigation or criminal prosecution
I I Officer incapacitated or unavailable
I I Multi-jurisdictional investigation
n Emergency or natural disaster as declared by the Governor
13. Criminal Charges Filed: NONE

14. Agency Disciplinarv Action: Letter of Reprimand and Forefeiture of eight(8) hours of Leave Time
15. If the allegation has been sustained and determined to be a violation of Section 943.13(4) or (7). F.S. or Rule 11B-27.0011, F.A.C., attach and forward the
following documentation to the Florida Department of Law Enforcement
Summary of the Facts Intemal Investigation Report Name and Address of Witness ||
Witness Statement/Disposition Certified Court Documents Other Supportive Information
NOTICE: Pursuant to Section 943.1395(5), F.S., an employing agency must conduct an internal investigation when having cause to suspect that an officer it
employs or employed at the time of the alleged violation, or employed on a Temporary Employment Authorization is not in compliance with Section 943.13(4) or (7),
F.S. or Rule 110^7.0011, F.A.C. If the investigation is sustained, the employing agency must forward a report to the Commission as specified by Rule
118-27.003.. ^

16. Agency administrator's s^

Carlos E. Noriega - Chief of Police
18. Agency administrator's name and title

Created 1/1/1993 Original- FDLE Copy-Agency 1of2 Commission-Approved Revisions: 8/4/16

Form Effective Date: 7/2017
 INTERNAL INVESTIGATION REPORT
Florida Department of Incorporated by Reference In Rule 11B-20.001{3)(a)5.b., and 11B-27.003(2)a., FAC.
Law Enforcement

Please type or print in black or blue and use capital and small letters for names,titles, and address

OFFICER

1. Last Four Digits of Officer's Social Security Number:

2, Officer's Name: Benltez Norlan
Last First Ml

3. Officer's Last Known Address: 1666 John F Kennedy Causeway, Suite #300 North Bay Village FL 33141
Street City State Zip Code

4. Officer's Telephone Number: 305.758.2626

AGENCY
5. Agency ORI: FL 0131700 g Agency Name: North Bay Village Police Department
7. Agency Contact Person: Samuel Bejar 8. Agency Contact Person's Telephone Number: 305.758.2626 x25
9. Agency Fax Number 305.722.8564 ■
VIOLATION - ALLEGATION
10. Nature of Allegation(s):

Violation of Agency Policy / Rules: Policy 118- Rules of Conduct - E.9.b Intempernace prohibited
11. Agency Disposition: Sustained -(Violation of Section 943.13(4)or(7)or Rule 11B-27.0011, FAC. Fl
Sustained-(Violation of Agency Policy): Not Sustained: □ Unfounded: □ Exonerated: Q
12. Limitation Period for Disciplinary Action: Date Intemal investigation initiated: 12 Sept 201 ^ate Intemal Inv^gation Completed: 12 Jan 2018
Exception to limitation period for disdplinaiy action: Place a check mark by the exceptions to limitations that apply | Days Tolled [
I I Written waiver of limitation by officer
rn Ongoing criminal investigation or criminal prosecution
I I Officer incapacitated or unavailable
I I Multi-jurisdictional investigation
ri Emergency or natural disaster as declared by the Governor
13. Criminal Charges Filed: NONE

14. Aqencv Disciplinarv Action: Letter of Reprimand and Forefeiture of eight (8) hours of Leave Time
15. If the allegation has been sustained and determined to be a violation of Section 943.13(4) or (7), F.S. or Rule 11B-27.0011, F.A.C., attach and forward the
following documentation to the Florida Department of Law Enforcement.
Summary of the Facts FH Internal Investigation Report FH Name and Address of Witness FH
Witness Statement/Disposition FH Certified Court Documents FH Other Supportive Information FH
NOTICE: Pursuant to Section 943.1395(5), F.S., an employing agency must conduct an intemal investigation when having cause to suspect that an officer it
employs or employed at the time of the alleged violation, or employed on a Temporary Employment Authorization is not in compliance with Section 943.13(4) or (7),
F.S. or Rule ti6)r27.0011, F.A.C. If the investigation is sustained, the employing agency must forward a report to the Commission as specified by Rule
118-27.003 ^ - -
y/y^ /X , ,
16. Agency administrator's 17. signed

Carlos E. Noriega - Chief of Police

18. Agency administrator's name and title

Created 1/1/1993 -FDLE Copy-Agency 1of2 Commission-Approved Revisions: 8/4/16

Form Effective Date: 7/2017
 INTERNAL INVESTIGATION REPORT
Florida Department of fncorporated by Reference in Rule 11B-20.001{3)(a)5.b., and 11B-27.003{2)a, FAC.
Law Enforcement

Please type or print in black or blue and use capital and small letters for names,titles, and address

OFFICER

1. Last Four Digits of Officer's Social Secun'ty Number:

2. Officer's Name: McVay James

Last First Ml

3. Officer's Last Known Address: 1666 John F Kennedy Causeway, Suite #300 North Bay Village FL 33141
Street City State Zip Code

4. Officer's Telephone Number: 305.758.2626

AGENCY

5. Agency ORI: FL 0131700 g Agency Name: North Bay Village Police Department
7. Agency Contact Person: Samuel Bejar 8. Agency Contact Person's Telephone Number: 305.758.2626 x25
9. Agency Fax Number 305.722.8564
VIOLATION - ALLEGATION
10. Nature of Allegation(s):
Violation of Agency Policy / Rules: Policy 118- Rules of Conduct - E.Q.b Intempernace prohibited
11. Agency Disposition: Sustained-(Violationof Section 943.13(4)or(7)or Rule 11B-27.0011, FAC. Q
Sustained-(Violation of Agency Policy): [x| Not Sustained: Q Unfounded: Q Exonerated: Q
12. Limitation Period for Disciplinary Action: Date Internal Investigation initiated: 12 Sept 2011)ate Internal Investigation Completed: 12 Jan 2018
I Exception to limitation period for discipllnaty action: Place a check mark by the exceptions to limitations that apply j Days Tolled|
I [ Written waiver of limitation by officer
I I Ongoing criminal investigation or criminal prosecution
r~| Officer incapacitated or unavailable
I I Mutti-jurisdictional investigation
ri Emergency or natural disaster as declared by the Governor
13. Criminal Charges Filed: NONE
14. Agencv Disciollnarv Action: Letter of Reprimand and Forefelture of 16 hours of Leave Time
15. If the allegation has been sustained and determined to be a violation of Section 943.13(4) or (7), F.S. or Rule 11B-27.0011, F.A.C., attach and forward the
following documentation to the Florida Department of Law Enforcement
Summary of the Facts n Internal Investigation Report Name and Address of Witness |[
Witness Statement/Disposition [[] Certified Court Documents Q Other Supportive Information Q
NOTICE: Pursuant to Section 943.1395(5), F.S., an employing agency must conduct an Intemal investigation when having cause to suspect that an officer it
employs or employed at the time of the alleged violation, or employed on a Temporary Employment Authorization is not in compliance with Section 943.13(4) or (7),
F.S. or Rute^B;j7.0011^.A.C. If the investigation is sustained, the employing agency must forward a report to the Commission as specified by Rule
11B.27.0p.y^ rj y

16. Agency administrator's sii

/J/Un
17. Date signed

Carlos E. Noriega - Chief of Police

18. Agency administrator's name and title

Created 1/1/1993 Original- FDLE Copy-Agency 1of2 Commission-Approved Revisions: 8/4/16

Form Effective Date: 7/2017
 CCF No. 17-003-IA (Continuation)
Original to I.A.

NORTH BAY VILLAGE POLICE DEPARTMENT

COMPLAINT CONTROL FORM

Home Phone 305-216-0880

Address 1666 JFK Causeway, NBV Bus. Phone (305)758-2626
Location Chiefs Office Date 01/17/18 Time 11A Dist.
Personnel Officer Walter Sajdak Badge 231 CCN Assign
Personnel Badge CCN /\ssign
Witness Unknown Witness
Add. Unknown Add.
Phone ( ) Phone ( )
Report No. Citation No Other
Rcvd. By Chief Carlos Noriega Date Time
Method Received (X) in person ( ) phone ( ) letter ( ) other

MISCONDUCT SERVICE
Discourtesy Check if Compl. Changed Procedural
Force Changed to Aft. To Duty
Misfeasance Specify Timeliness
Grim Viol. Specify

DISPOSITION: SUSTAINED NOT SUSTAINED EXONERATED UNFOUNDED

Follow up Assigned to lAAdm. Beiar /-Oate Jan19,2018 Time _2P

Assigned by Chief Carlos Noriega

ff'
Reviewed by Chief Asst. Chief Lt. Sgt. I.A. Lt.
ALLEGATIONS: (continued)

On January 17, 2018, this writer met with Lt. Jim McCready as part of the close out stage for
Internal Affairs Case #17-003-IA. Lt. McCready was In the process of being served with his
discipline resulting from the findings of the Investigation, when he presented new Information on
the allegations made by the complainant. Officer Walter Sajdak. According to Lt. McCready, he
advised that several of the statements made by the complainant as part of his Initial complaint
were untrue and fictitious. Lt. McCready added that he takes full responsibility for the violation
that he was being disciplined for but not for the false statements made by Officer Sajdak. In
light of Lt. McCread/s allegations of false statements made by Officer Sajdak In his swom
statement taken as part of an of the aforementioned Internal Affairs Investigation, this writer Is
directing that this complaint be further Investigated.

FACTS OF THE INVESTIGATION;

CONCLUSION:

Action Taken
Complainant Notified by
Date Time Method
Officer Notified of Results by
Reviewed by Date
 yl'fgge

"■■"> aasr
POLICE
1666 John F Kennedy Causeway
Suite #300

MEMORANDUM North Boy Village, PL 33141

Phone: 305.758.2626

From: Samuel Bejar - Interh'li Affairs Administfatori:#^ ^ www.NBViiiage.com

www.NBVillage.com

jj ( Carlos E.
Carlos E. Noriega
Noriega
To: Chief Carlos Noriega I f /\J \JL_-' chief
Chief of
of Police
Police

Subject: Hurricane IRMA Landfall Team Investigation (CCF 17-003 - lA)

Date: 12 January 2018

This Investigation was predicated on the complaint filed by Chief Noriega pursuant to the comments made by
Officer Walter Sajdak on 11 September 2017, during a post-storm roll call with the Bravo Shift. During that
event, Ofc. Sajdak was verbally complaining about his Landfall Team assignment and amongst his remark was,
". ..guys were drinking..." On 12 September 2017, Chief Noriega made a preliminary Inquiry with Lt. McCready
about Sajdak's allegation and McCready, "took responsibility for making an error In judgement with the Team."
(from CCF 17-00 filed by Noriega). On 14 September 2017, Chief Noriega forwarded me the CCF 17-003 form
along with a thumb drive containing video captured from the City Offices during the Landfall Team's activation
and directed that I Initiate an Internal Affairs Investigation.

I reviewed the video and documented a timeline from 09 September 2017 at approximately 16:50, until 10
September 2017 at 08:14:47 when the video end (power failure knocked the cameras and video servers off-line).
Key highlights from the video review are:
17:08:44 - (1) White Styrofoam cooler and possible case of beer carried out of elevator by McCready.
17:08:59 - (3) McCready stops and as a discussion with a discussion with the landfall (Casals, McVay,
Cheresia, Sajdak, Chevalier, Suarez and Benltez) team In conference room.
17:09:43 - (8) McCready struggles with cooler and presumed case of beer at entrance to squad room.
17:10:04 - (7, 9 & 6) McCready enters CID with above captloned detailed cooler and case.
17:12:15- (9) McCready exits CID empty handed.
23:22:58 - (7 & 6) McCready exits CID with above captloned cooler; cooler has appearance of being weighted.
23:23:19 - (3 & 2) McCready walks down hallway with the cooler In left hand; cooler has appearance of being
weighted.
23:23:28 - (3 & 5) McCready enters conference room with the cooler.
23:23:34 - (5) McCready places cooler on the conference room table, in front of Public Works Supervisor Tim
Smith whom Is seated at the table [bottom right corner of frame],
23:25:49 - (5) McCready blocks the conference room video camera with a red plastic cup.
23:25:55 - (3 & 8) Benltez & Chevalier enter conference room.
23:28:49 - (3 & 8) Casals enters conference room
Sept 10th 2017
00:13:12 - (3 & 1) Public Works Supervisor Tim Smith exits conference room.
00:15:32 - (3) Chevalier exits conference room with above captloned cooler In hand; cooler has appearance of
being light,
00:15:55 - (7) Chevalier enters CID with the cooler,
00:16:06-(3) McVay and Cheresia enter the conference room,
00:18:08 - (7) Chevalier exits CID with the cooler; cooler has appearance of being weighted,
00:18:35 - (3) Chevalier enters the conference room with the cooler.
 0Q;22:23-(3 & 1)Sajdak alights from the elevator and enters the conference room.
- 01^14:59-(3) McCready exits conference room.
*01:15:35-(3) Benitez exits conference room.
01:17:01 -(3, 4, 6, 7) McVay exits the conference room [gunbelt in hand].
01:18:08-(3) Chevalier exits conference room.
01:19:42-(12,11, 10)Casais exits conference room with the cooler in hand and walks to the kitchen.
01:21:08-(10) Casais exits the kitchen, empty handed, and into the village admin hallway.
01:21:54-(3,2, 8)Sajdak exits conference room.
01:24:58-(3) Cheresia exits conference room.

On 26 September 2017 at 16:15 hours, I took the swom, taped statement of Ofc. Walter Sajdak. In his
statement, Ofc. Sajdak alleged that he observed what he believed to be open (Corona) beer bottles on the
conference room table and in front of all the other personnel present (he denied drinking any of the beer) in
various states of ingestion, he also stated that there unopened beer bottle in the cooler and bottle caps on the
table. He stated that Ofcs. Benitez, Suarez, Chevalier, Cheresia, Casais, Sgt. McVay and Lt. McCready were in
the room and that he did not see any of them directly drink the beer but, inferred as much based on the various
states of the beer bottles and the bottle caps. He further stated that he had a conversation with Sgt. McVay
about the situation and McVay told him that, "he had a sip of beer."

On 12 October 2017 at 14:10, 1 took the swom, taped statement of Public Works Supervisor Tim Smith. In his
statement, Mr. Smith stated that he observed Ofcs. Benitez, Chevalier, Casais, and Lt. McCready in the room,
that Lt. McCready placed an open cooler on the table and that it contained Corona Light beer. He further stated
that he observed all of the individuals drink a beer after reaching into the cooler and taking one and admitted that
he also took a beer and ingested it.

On 07 November 2017 at 11:10, 1 took the swom, taped statement of Ofc. Amy Suarez. In her statement, Ofc.
Suarez stated that she did not observe any drinking of beers, nor any discussion about the possibility of drinking
beers. She also stated that she did recall seeing a white Styrofoam cooler in the conference room on the
moming of September lO*", but that it was in the trash pile, so she did not pay much attention to it. She stated
that she was as acting as a,"den mother" and that she retired early to the locker room, where she remained until
the following moming (the video timeline establishes that Ofc. Suarez entered the locker room at 21:35:24 on 09
September and did not emerge until 04:42:30 on 10 September 2017.

On 11 January 2018, some of the subject Officers approached Chief Noriega about their willingness to accept
responsibility for their actions and admitting to a lapse in judgement, in my discussions with the Chief, I stated
that I felt the preponderance of the evidence supports the allegations and that for the sake of expediency and the
efficacy of departmental operations, there would be no further benefit in taking an additional seven statements
of subject Officers that are willing to admit their culpability and accept discipline.

Based on the statements and evidence examined, the investigation revealed that the Rules of Conduct violation
occurred only once during the more than 50 hours that the Landfall Team was deployed, and then for a period of
less than two hours. In addition, the violation occurred during a time period when the Landfall Team was
recalled to ride out what was announced, and expected to be the peak of the Category 5 Hurricane. In such,
though an issue of poor judgement by all involved, the violation did not have any deleterious impact on our police
mission. Thus this investigation Is being closed with a finding of SUSTAINED to a violation of:

Policy 118 - Rules Of Conduct

E. CONDUCT

9. Intemperance prohibited:
b. Consuming an intoxicating beverage while in uniform or on duty except in the performance of duty.
 URa% penalties of perjury, I declare that I have read the foregoing Memorandum and that the facts stated in it
- are true to the best of my knowledge and belief.

Sarnue^ Administrator
.lf«^=flT^ndersigned, do hereby swear, under penalty of perjury, that, to the best of my personal knowledge,
information, and belief, I have not knowingly or willfully deprived, or allowed another to deprive, the subjects of
the investigation of any of the rights contained in ss. 112.532 and 112.533, Florida Statutes.

Samuel Bejar Itemal Affairs Administrator

 iAYVIL
'""'W say

1666 John F Kennedy Causeway

Suite #300
MEMORANDUM North Boy Village, FL 33141

Phone: 305.758.2626
r""^ AT A
From: Samuel Bejar - Internal AJfatrs Administratoc /I \ www.NBVillage.com
/j \ Carlos E. Noriega
To: Chief Carlos Noriega / Chiefof Police

Subject: Hurricane IRMA Landfall Team Investigation (CCF 17-003- lA)

Date: 09 March 2018

This investigation was predicated on the complaint filed by Chief Noriega pursuant to the comments made by
Officer Walter Sajdak on 11 September 2017, during a post-storm roll call with the Bravo Shift. During that
event, Ofc. Sajdak was verbally complaining about his Landfall Team assignment and amongst his remark was,
"...guys were drinking..." On 12 September 2017, Chief Noriega made a preliminary inquiry with Lt. McCready
about Sajdak's allegation and McCready, "took responsibility for making an error in judgement with the Team."
(from CCF 17-003 filed by Noriega). On 14 September 2017, Chief Noriega forwarded me the CCF 17-003 form
along with a thumb drive containing video captured from the City Offices during the Landfall Team's activation
and directed that I initiate an Internal Affairs Investigation.

On 12 January 2018, I submitted a Case Findings Memo to Chief Noriega sustaining a violation of NBVPD
Policy 118 - Rules Of Conduct; however, pursuant to information presented to Chief Noriega by Lt. McCready
during the pre-discipline meeting and an additional allegation made by Officer Sajdak (to Chief Noriega directly)
that. Landfall Team Officers, "destroyed evidence" (during the IRMA event). Chief Noriega maintained the
investigation open for further inquiry.

On 09 March 2018 at ~16:34, I took a second sworn statement from Officer Sajdak in reference to the
destruction of evidence allegation made by him, to Chief Noriega during a January 23"^ meeting. Sajdak
acknowledged the meeting with the Chief and when queried, stated that, he did not have any additional
information about destruction of evidence. He further stated that the destruction of evidence reference he made
to the Chief was in fact a rehash of the evidence references made during his original sworn statement on 26
September 2017. In that statement he made numerous references to evidence in an embellished manner to
suggest that there was evidence tampering (destruction of evidence);
"...because Lieutenant McCready instructed them to get rid of the evidence, 'make sure you get rid of all
those lids,'..."

"And Lieutenant McCready then instructed someone to move,'make sure you get all the bottles,'..."
When asked,"...you heard McCready state, 'make sure you clean all this up and get rid of the evidence.'Did he
use that word, 'get rid of the evidence'?" He responded,"/ think[emphasis added]he said 'leave no evidence.

The (new) Sajdak "evidence" allegations have now been clarified as a continuation of his original references to
evidence in his first sworn statement and are neither new nor novel nor do they remotely support an allegation of
evidence tampering, in fact it can easily be construed, that McCready was merely instructing the participants to
clean-up after themselves, "make sure you get rid of all those lids" and "make sure you get all the bottles," as
maintaining a clean and orderly space was paramount as evinced by the repeated "Den Mother" actions of Ofc.
Suarez during the entirety of the Landfall Team's deployment.
As^ the matter ot the information presented by McCready to Chief Noriega; after reviewing McCready's
response, it appears that there are potential allegations of peijury and lying during an official statement and thus,
that matter will be spun off into a separate Internal Affairs Investigation under Case Number 18-004-IA, with a
cross reference to this matter for records and documentation (disciplinary actions/documentation may be
released but any documentation determined to be relevant to 18-004-IA will remain under seal until the
completion of that investigation).

The original disposition on this matter, a finding of SUSTAINED to a violation of Policy 118 - Rules of Conduct,
stands.

Under penalties of peijury, I declare that I have read the foregoing Memorandum and that the facts stated in it
are true to the best of my kno\^dge and belief.

Samuel Beja^lntemal Affairs Administrator

the undersigned, do hereby swear, under penalty of peijury, that, to the best of my personal knowledge,
information, and belief, I have not knowingly or willfully deprived, or allowed another to deprive, the subjects of
the investigation of any of the rights contained in ss. 112.532 and 112.533, Florida Statutes.

Samuel Bejaf ffairs Administrator

 IRMA Landfall lA Investigation
Video Review Timeline

Sect 9'" 2017

~ 16:50 -(5) This Is the general beginning of the team's meal break. Suarez appears to be holding down the
fort, propping food, preparing spaces and cleaning up as events occur.
17:08:44-(1) White Styrofoam cooler and possible case of beer carried out of elevator by JM. Stops and has
a discussion with [(3)@ 17:08:59] with the landfall (Casals, McVay, Cheresia, Sajdak, Chevalier, Suarez and
Benitez)[(5)@ 17:08:52]team in conference room.
17:09:43-(8) JM struggles with cooler and presumed case of beer at entrance to squad room.
17:10:04-(7,9 & 6)JM enters CID with above captioned detailed cooler and case.
17:12:15-(9) JM exits CID empty handed.
17:12:20-(7 & 6)JM returns to CID entrance to ensure that the door is locked.
17:12:55 -(5) JM and Suarez enter the conference room; the entire landfall team is gathered and continues
their meal.

17:16:56-(5)PWSupv Tim Smith joins the landfall team in the conference room.
17:53:06 - (5) The team begins to exit the conference room, signaling the end of the meal break. Suarez
remains, cleaning up and maintaining the spaces.
17:53:49-(1) The team board the elevator and departs the PD.
19:58:22 -(3) JM and Suarez arrive in elevator with sleep gear and kit; this signals the general time of initial
sleeping accommodations set-up for the team. Though the bulk of the team is in the PD, personnel are
rotating in and out.
20:23:37 -(12) Benitez, Casais, JM, Suarez & Chevalier are seen attempting to access the roof tiles (Benitez
climbs) in the far end of the village admin hallway, adjacent to finance [why?].
~ 20:50-(5, 6, 7)The in / out process continues until this point when all the troops are gathered at the PD.
21:28:53- All troops have departed the PD, except McVay [in conference room] and Suarez.
21:35:24-(3, 2)Suarez enters the locker room wearing sleep attire and appears to retire for the evening.
21:56:20-(1) McVay departs via elevator.
22:40:09 -(1,5)PW Supv Tim Smith alights from the elevator and enters the conference room.
23:19:07 -(1) Casais and Chevalier alight from the elevator; this signals the general beginning of the team's
return to the PD. They are followed by JM and Benitez at 23:20:07
23:21:16-(7) JM enters CID via squad room; has conversation with Benitez and Chevalier.
23:22:58-(7 & 6)JM exits CID with above captioned cooler; cooler has appearance of being weighted.
23:23:19 - (3 & 2) JM walks down hallway with the cooler in left hand; cooler has appearance of being
weighted.
23:23:28-(3 & 5)JM enters conference room with the cooler.
23:23:34 -(5) JM places cooler on the conference room table, in front of PW Supv Tim Smith (witness) whom
is seated at the table [bottom right corner of frame].
23:23:38-(5) JM attempts to block conference room video camera with plastic cup.
23:24:01 -(5) JM's attempt to block the video camera is unsuccessful.
23:24:26-(6 & 7)JM enters the squad room with the red plastic cup in his right hand.
23:24:30-(7 & 6)JM re-enters CID.
23:25:06-(7 & 6)JM exits CID with the red plastic cup, with yellow material attached, in his left hand.
23:25:42-(3) JM re-enters the conference room.
23:25:49 -(5) JM again attempts to block conference room video camera with the red plastic cup, this time
successfully.
23:25:55-(3 & 8) Benitez & Chevalier enter conference room.
23:28:49-(3 & 8)Casais enters conference room.
23:59:55-(3) JM exits conference room and walks to CID.

SeotlO"'2017

00:03:01 -(6, 7, 2 & 3) JM exits CID and walks to the conference room.
00:05:49-(12,10, 11) Chevalier exits the conference room and walks to the kitchen [food tray in hand].
00:06:37-(10, 11, 12) Chevalier exits the kitchen and walks to the conference room [empty handed].
00:13:12-(3 & 1)PW Supv Tim Smith exits conference room.
00:15:32-(3) Chevalier exits conference room with above captioned cooler in hand; cooler has appearance of
being light.
00:15:55-(7) Chevalier enters CID with the cooler[Who's ID Card was used?].
00:16:06-(3) McVay and Cheresia enter the conference room.
00:18:08-(7) Chevalier exits CID with the cooler; cooler has appearance of being weighted.
00:18:35-(3) Chevalier enters the conference room with the cooler.
00:19:45-(3 & 1) Cheresia exits the conference room and goes to the elevator.
00:22:23-(3 & 1)Sajdak alights from the elevator and enters the conference room.
00:24:19-(3 & 1) Cheresia alights from the elevator and enters the conference [with mattress and bag?].
00:35:40-(3 8e1) JM exits conference room and steps into elevator lobby.
00:41:06-(3) JM returns to conference room.
00:41:16-(3) JM exits conference room and goes to locker room.
00:43:18-(3) JM returns to conference room.
01:11:53-(3 &1) JM exits conference room and steps into elevator lobby.
01:13:50-(3) JM returns to conference room.
01:14:59-(3) JM exits conference room with vest[and mattress?] and walks to CID via the squad room.
01:15:31 -(7 & 6) JM enters CID [no others present].
01:15:35-(3) Benitez exits conference room and walks to the squad room.
01:17:01 -(3, 4, 6, 7) McVay exits the conference room [gunbelt in hand] and walks via the Chiefs Office [gait
ataxia?] to the squad room.
01:17:32-(8) Benitez exits the squad room and walks to the locker room.
01:18:08-(3) Chevalier exits conference room and walks to the squad room.
01:19:42 -(12, 11, 10) Casais exits conference room with the cooler In hand and walks to the kitchen [via
village admin hallway].
01:21:08-(10) Casais exits the kitchen, empty handed, and into the village admin hallway.
01:20:12-(7 & 6) JM exits CID [encounters McVay and Chevalier] and walks via village admin office lobby to
the kitchen where he encounters Casais in the hallway (10 & 11 @01:21:12).
01:20:34 -(8) McVay exits the squad room and walks to the locker room [has brief conversation with JM in
hallway (3)].

01:21:27-(8) Benitez returns to the squad room.

01:21:48-(10) Casais returns to the kitchen doorway [via village admin hallway] and converses with JM, they
then walk back to the squad room via the PW office space.
01:21:54-(3, 2, 8)Sajdak exits conference room and walks to the squad room.
01:22:10-(8) Sajdak, JM and Casais encounter each other in the hallway and enter the squad room.
01:22:15-(6 & 7) Sajdak, JM and Casais encounter Benitez and Chevalier in the squad room and after a few
words Casais and JM enter CID.

01:22:57-(6 & 7)Sajdak and Benitez enter CID.

01:23:16-(6) Benitez exits CID.
01:23:27-(8) McVay enters conference room [why?] and Chevalier exits squad room.
01:23:28 -(6) Sajdak exits CID and walks to the conference room where he encounters McVay exiting the
conference room [(3)@ 01:24:07].
01:24:51 -(3 & 1)Sajdak exits the conference room, walks into elevator lobby and enters elevator.
01:24:58 - (3) Cheresia exits conference room, with unknown objects in hand, walks partially down the
hallway, stops and returns to the conference room.
01:25:11 -(6) McVay enters squad room via Chiefs Office, has conversation with Benitez and enters CID.
01:25:29-(12, 11, 10) Cheresia exits conference room, via village admin hallway, and walks to the kitchen.
01:26:15-(10, 11, 12) Cheresia exits kitchen and walks to the conference room.
01:26:49-(6, 7) McVay exits CID [sleep mode -tee shirt, no belt, disheveled].
01:26:57-(8, 7, 6) Chevalier enters squad room (from locker room)and encounters McVay and Benitez.
01:27:04 -(6) McVay enters Sgfs Office, where he lingers making preparations [seen removing items from a
bag or backpack] apparently for sleep.
01:27:40 -(1,3)Sajdak alights from elevator, radio charger in hand, and walks to conference room.
01:28:52-(3, 2) Cheresia exits conference room [same unknown objects in hand], and walks to locker room.
01:30:25-(6 & 7)Casais exits CID and engages with Benitez and Chevalier.
01:31:14-(6) Casais returns to CID.
01:35:01 -(6, 7) Lights out in squad room by Benitez.
01:38:12-(3) Benitez and Casais enter conference room.
01:38:51 -(6, 7) Benitez returns to squad room with fan retrieved from conference room.
01:40:01 -(12, 10) Sajdak exits conference room and walks to kitchen via village admin hallway.
01:40:42-(6) Casais returns to squad room [from locker room].
01:40:48-(10, 12) Sajdak returns to conference room from kitchen via village admin hallway.
01:41:22-(12) Sajdak enters conference room.
01;42:11 -(3) Cheresia exits locker room and walks to conference room [in sleep wear, post shower?].
01:43:35-(3, 8, 4)Cheresia exits conference room [in sleep wear] and walks to squad room via Chiefs Ofc.
01:43:59 -(6, 7, 4, 3) Cheresia enters squad room and engages Benitez and Chevalier in conversation, he is
offered and receives a fan, which he takes back to the conference room [via Chiefs Ofc], entering at 01:46:45.
01:41:45-(6) McVay closes the door to the Sgfs Office and remains inside.
02:31:51 -(8, 3) Chevalier squad room and walks to the locker room.
02:34:05-(3, 8) Chevalier returns to the squad room.
03:00:00- At this time the Landfaii Team is accounted for as foiiows:
JM and Casais in CID, McVay, Benitez and Chevalier in Squad Room, Sajdak and Cheresia in Conference
Room, Suarez in Locker Room.

03:04:43-(6) McVay exits the Sgfs Ofc [in uniform, gunbelt on], and makes his way to the locker room which
he enters 03:05:19 (3, 2).
03:05:28 - (12) Sajdak exits conference room via admin hallway door [no gunbelt, shirt tails out], begins
walking down the hall, halts by copier, retums and, then stands outside of the conference room door for
several seconds [03:05:37 - 03:05:48] seemingly adjusting himself / tucking in his uniform shirt, re-enters the
conference room.

03:08:03-(3, 2) McVay exits the locker room and makes his way to the elevator lobby where he enters the #1
(left) elevator at 03:08:46 (1).
03:46:54 -(12) Sajdak exits conference room via admin hallway door [gunbelt slung over right shoulder] and
walks through village hall lobby (2), casually making his way to elevator #1, which he enters at 03:47:54 (1).
04:42:30 - (3, 2) Suarez exits the locker room [in pajamas] and walks to the elevator lobby and exit stairs
landing area.
04:46:49-(3) Suarez returns and enters the conference room.
04:47:47 -(3, 1) Suarez backs out of the conference room and returns to the elevator lobby and exit stairs
landing area.
04:48:30-(3)Suarez returns and enters the locker room.
05:01:20-(8, 3, 2) Chevalier exits the squad room and walks to the locker room.
05:03:37-(3, 4, 8) Chevalier exits the locker room and walks into the Chiefs Ofc [fridge for water].
05:04:08-(6) Chevalier returns to the squad room.
05:04:48 -(1, 3, 2, 4, 6, 7) McVay exits the #1 (left) elevator and makes his way, via the Chiefs Ofc, to the
Sgfs Ofc, which he enters at 05:05:54 (6).
05:10:40 -(7, 6, 4, 3, 2, 1) McVay exits the Sgfs Ofc with his supplies [backpack, amazon box, air mattress
box, etc.], via the Chiefs Ofc and makes his way to elevator #1, which he boards at 05:12:10 (1).
05:37:49 -(1) Sajdak exits the #1 elevator and makes his way to the conference room which he enters at
05:38:03 (3).
05:38:49 -(12) Sajdak exits the conference room via admin hallway door and walks down the hall, doubles
back and passes through the Admin Lobby (2 @ 05:39:05) into the center hallway(3 @ 05:39:14) and makes
his way back to the elevator lobby (1).
05:39:36-(1) Sajdak boards elevator #1.
06:08:50 -(7, 6) JM exits CID [In bare feet] and makes his way, via the squad room and center hallway (8) to
the Icfcker room which he enters at 06:09:24(3,2).
06:10:13-(2, 3) JM exits the locker room [now in flip-flops] and makes his way to the conference room which
he enters at 06:10:25.

06:11:02-(3, 2) JM exits the conference room and returns to the locker room.
06:13:16-(2, 3)JM exits the locker room and returns to the conference room.
06:15:22 -(12, 11, 10) JM exits the conference room, via admin hallway, and walks to the kitchen [on the
cellphone].
06:15:50 -(3, 2) Cheresia exits the conference room [in uniform, with slippers], walks to the locker room and
attempts to enter but is apparently locked out and returns to the conference room.
06:16:42 -(3, 2) Cheresia exits the conference room [in uniform, with slippers], walks to the locker room and
enters.

06:17:33-(2, 3)Cheresia exits the locker room [still in slippers], and returns to the conference room.
06:18:11 -(10, 11,12) JM exits the kitchen [coffee cup in hand] and walks via the admin hallway to the admin
lobby (2 @ 06:18:39) where he briefly loiters and then continues to the conference room, which he enters
[admin side] at 06:19:14(12).
06:23:15 - (3, 2) JM exits the conference room [empty hands] walks down the center hallway, apparently
missing his keycard, doubles back and re-enters the conference room.
06:23:47-(3, 2)JM exits the conference room [key card in hand] and walks to the locker room.
06:25:07-(2, 3)JM exits the locker room and walks to the squad room, entering at 06:25:20 (8).
06:25:35-(7) JM enters CID.
06:26:24-(7) JM steps into the squad room and starts rousing the troops.
06:27:04-(3, 2, 8)Cheresia exits the conference room [in full uniform] and walks to the squad room.
06:27:17-(6, 7) Lights On in the squad room.
06:28:26-(6) Casais [in sleep attire] enters the squad room from CID.
06:29:10 -(8, 3) Cheresia exits the squad room and returns to the conference room. The rest of the team
[Casais, Chevalier, Benitez, JM] are policing up the squad room (their sleep area) and prep/dressing [JM is on
the cellphone]
06:30:14-(2, 3) Casais [in sleep attire] enters the locker room.
06:30:18-(10) Cheresia enters the kitchen [via admin hallway].
06:33:16-(3) JM enters the conference room.
06:33:33-(3, 2)JM enters the locker room [coffee cup in hand].
06:34:01 -(2) JM exits locker room [coffee cup in hand] and Suarez is in the doonway putting the finishing
touches on her uniform. JM walks toward the conference room which he partially enters.
06:35:04-(3, 2)JM returns to the locker room [coffee cup still in hand].
06:35:23 -(2, 3, 1) JM and Suarez emerge from the locker room - Suarez goes to the conference room and
JM goes to the elevator lobby area.
06:35:32-(10) Cheresia exits the kitchen, food and drink in hand and goes to the conference room.
06:35:39-(3, 1)Suarez exits the conference room and enters the elevator lobby area.
06:36:03-(8) Benitez [in uniform] exits the squad room and goes to the locker room.
06:37:06 -(2, 3) Benitez exits the locker room and goes to the conference room.
06:37:50 -(1, 3) Benitez and Suarez both enter the center hallway, near simultaneously, and encounter each
other, after a brief conversation, Benitez goes to the unisex restroom door [normally locked he has a key in
hand] and Suarez goes to the locker room.
06:38:18-(3) Benitez exits the restroom and goes to the conference room.
06:38:40-(3) Benitez exits the conference room and returns to the restroom.
06:39:38-(2, 3, 8)Suarez[donning her gunbelt] exits the locker room and goes to the squad room.
06:40:12-(2, 3) Casais exits the locker room and returns, via the Chiefs Office and squad room to CID.
06:41:35-(2, 3)Suarez enters the locker room.
06:41:50 -(2, 3) Chevalier enters the locker room - he is briefly delayed by his encounter with JM [returning
from the elevator lobby area] in the hallway.
06:42:14-(4) JM enters the Chief's ACTUAL Office.
06:42:16 - (3) Benitez and Suarez both enter the center hallway and have a brief encounter - Suarez
continues to the elevator lobby area and boards elevator #1 (1) and Benitez continues to the squad room (8,
7).
06:42:43-(4) JM exits the Chiefs ACTUAL Office and goes to CID via the squad room (6, 7).
06:43:55 -(3, 1) Cheresia exits the conference room and goes to the elevator lobby area and boards elevator
#1.

06:47:03-(2, 3, 8) Chevalier exits the locker room and goes to the squad room.
06:47:38 -(1,3, 2, 8, 7)Cheresia alights from elevator #1 and goes to the squad room.
06:50:25-(6, 7)JM exits CID and joins the others in the squad room.
06:50:41 -(6, 7) Casais [in uniform] exits CID and joins the rest of the team in the squad room.
06:53:24 -(3, 8) The team [JM, Casais, Benitez, Chevalier and Cheresia] exits the squad room and goes to
the conference room.

06:53:50-(12,11, 10) Casais exits via the admin hallway and goes to the kitchen.
06:54:14 -(3, 1, 8) JM, Benitez and Chevalier exit the conference room and enter the elevator lobby where
they await to board elevator #1, a momentary blackout just as they are boarding, dissuades them from riding it
and Benitez and Chevalier walk in the direction of the stairs.

06:54:37-(10, 11,12) Casais exits the kitchen and returns to the conference room via the admin hallway.
06:55:13-(3, 1) Casais and Cheresia exit the conference room and join JM in the elevator lobby; the three of
them then walk towards the stairs.

07:55:02 -(1,3)The team [Suarez, Cheresia, Chevalier, Benitez, JM and Casais] alights from elevator #2 and
disperses into the conference room [Chevalier and Benitez], the locker room [Cheresia], the squad room
[Suarez] and CID [JM and Casais].
07:57:28 -(8) JM gathers the team in the central hallway and they move into the squad room [previously the
members were moving hither and yon tending to various matters].
07:58:46-(7)the members[JM, Suarez, Casais, Chevalier, Cheresia] move into CID.
08:00:06 - (2, 3, 8, 7) Suarez enters the locker room and emerges at 08:03:43 in shorts and tank top and
returns to CID.

08:04:47-(2, 3, 8, 7) Benitez exits the locker room and goes to CID.

08:06:42-(4)Suarez accesses the Chiefs Office -[who's key, why?].
 From this point forward there is various activities by the members that seems related to the logistics of
hunkering down - fans are moved about, Suarez removes cushions from the Chiefs Office at 08:08:01(4),
•Casais is observed fidgeting with the door to the Chiefs reception Lobby(3) and an air mattress is ragged from
the locker room into CID. Multiple momentary blackouts are also noted.
08:14:11 - all are again gathered in CID spaces.

Video stops at 08:14:47

 IRMA Landfall lA Investigation
Video Review Timeline

Sent 9*^ 2017

~ 16:50 -(5) This Is the general iaeglnnlng of the team's meal break. Suarez appears to be holding down the
fort, propping food, preparing spaces and cleaning up as events occur.
17:08:44-(1) White Styrofoam cooler and possible case of beer carried out of elevator by JM. Stops and has
a discussion with [(3)@ 17:08:59] with the landfall (Casals, McVay, Cheresia, Sajdak, Chevalier, Suarez and
Benltez)[(5)@ 17:08:52]team In conference room.
17:09:43-(8)JM struggles with cooler and presumed case of beer at entrance to squad room.
17:10:04-(7,9 & 6)JM enters CID with above captloned detailed cooler and case.
17:12:15-(9) JM exits CID empty handed.
17:12:20-(7 & 6)JM retums to CID entrance to ensure that the door Is locked.
17:12:55 -(5) JM and Suarez enter the conference room; the entire landfall team Is gathered and continues
their meal.

17:16:56-(5)PW Supv Tim Smith joins the landfall team In the conference room.
17:53:06 -(5) The team begins to exit the conference room, signaling the end of the meal break. Suarez
remains, cleaning up and maintaining the spaces.
17:53:49-(1)The team board the elevator and departs the PD.
19:58:22 -(3) JM and Suarez amve In elevator with sleep gear and kit; this signals the general time of Initial
sleeping accommodations set-up for the team. Though the bulk of the team Is In the PD, personnel are
rotating In and out.
20:23:37 -(12) Benltez, Casals, JM, Suarez & Chevalier are seen attempting to access the roof tiles (Benltez
climbs) In the far end of the village admin hallway, adjacent to finance [why?].
~ 20:50-(5, 6, 7)The In / out process continues until this point when all the troops are gathered at the PD.
21:28:53- All troops have departed the PD,except McVay [In conference room] and Suarez.
21:35:24-(3, 2)Suarez enters the locker room wearing sleep attire and appears to retire for the evening.
21:56:20-(1) McVay departs via elevator.
22:40:09 -(1,5)PW Supv Tim Smith alights from the elevator and enters the conference room.
23:19:07 -(1) Casals and Chevalier alight from the elevator; this signals the general beginning of the team's
retum to the PD. They are followed by JM and Benltez at 23:20:07
23:21:16-(7) JM enters CID via squad room; has conversation with Benltez and Chevalier.
23:22:58-(7 & 6)JM exits CID with above captloned cooler; cooler has appearance of being weighted.
23:23:19 - (3 & 2) JM walks down hallway with the cooler In left hand; cooler has appearance of being
weighted.
23:23:28-(3 & 5)JM enters conference room with the cooler.
23:23:34 -(5) JM places cooler on the conference room table, In front of PW Supv Tim Smith (witness) whom
Is seated at the table [bottom right corner of frame].
23:23:38-(5) JM attempts to block conference room video camera with plastic cup.
23:24:01 -(5) JM's attempt to block the video camera Is unsuccessful.
23:24:26-(6 & 7)JM enters the squad room with the red plastic cup in his right hand.
23:24:30-(7 & 6)JM re-enters CID.
23:25:06-(7 & 6)JM exits CID with the red plastic cup, with yellow material attached, in his left hand.
23:25:42-(3) JM re-enters the conference room.
23:25:49 -(5) JM again attempts to block conference room video camera with the red plastic cup, this time
successfully.
23:25:55-(3 & 8) Benitez & Chevalier enter conference room.
23:28:49-(3 & 8)Casais enters conference room.
23:59:55-(3)JM exits conference room and walks to CID.

Sect 10*^2017

00:03:01 -(6, 7,2 & 3)JM exits CID and walks to the conference room.
00:05:49-(12,10,11)Chevalier exits the conference room and walks to the kitchen [food tray in hand].
00:06:37 -(10, 11,12) Chevalier exits the kitchen and walks to the conference room [empty handed].
00:13:12-(3 & 1)PW Supv Tim Smith exits conference room.
00:15:32-(3) Chevalier exits conference room with above captioned cooler in hand; cooler has appearance of
being light.
00:15:55-(7) Chevalier enters CID with the cooler[Who's ID Card was used?].
00:16:06-(3) McVay and Cheresia enter the conference room.
00:18:08-(7) Chevalier exits CID with the cooler; cooler has appearance of being weighted.
00:18:35-(3) Chevalier enters the conference room with the cooler.
00:19:45-(3 & 1) Cheresia exits the conference room and goes to the elevator.
00:22:23-(3 & 1) Sajdak alights from the elevator and enters the conference room.
00:24:19-(3 & 1) Cheresia alights from the elevator and enters the conference [with mattress and bag?].
00:35:40-(3 &1)JM exits conference room and steps into elevator lobby.
00:41:06-(3) JM returns to conference room.
00:41:16-(3)JM exits conference room and goes to locker room.
00:43:18-(3) JM retums to conference room.
01:11:53-(3 &1)JM exits conference room and steps into elevator lobby.
01:13:50-(3) JM returns to conference room.
01:14:59-(3) JM exits conference room with vest[and mattress?] and walks to CID via the squad room.
01:15:31 -(7 & 6) JM enters CID [no others present].
01:15:35-(3) Benitez exits conference room and walks to the squad room.
01:17:01 -(3,4, 6, 7) McVay exits the conference room [gunbelt in hand] and walks via the Chief's Office [gait
ataxia?] to the squad room.
01:17:32-(8) Benitez exits the squad room and walks to the locker room.
01:18:08-(3) Chevalier exits conference room and walks to the squad room.
01:19:42 - (12, 11, 10) Casais exits conference room with the cooler In hand and walks to the kitchen [via
village admin hallway].
01:21:08-(10) Casals exits the kitchen, empty handed, and Into the village admin hallway.
01:20:12-(7 & 6)JM exits CID [encounters McVay and Chevalier] and walks via village admin office lobby to
the kitchen where he encounters Casals In the hallway(10 & 11 @ 01:21:12).
01:20:34 -(8) McVay exits the squad room and walks to the locker room [has brief conversation with JM In
hallway (3)].
01:21.21-(8) Benltez returns to the squad room.
01:21:48-(10) Casals retums to the kitchen doorway [via village admin hallway] and converses with JM, they
then walk back to the squad room via the PW office space.
01:21:54-(3, 2,8)Sajdak exits conference room and walks to the squad room.
01:22:10-(8)Sajdak, JM and Casals encounter each other In the hallway and enter the squad room.
01:22:15-(6 & 7)Sajdak, JM and Casals encounter Benltez and Chevalier In the squad room and after a few
words Casals and JM enter CID.

01:22:57-(6 & 7)Sajdak and Benltez enter CID.

01:23:16-(6) Benltez exits CID.
01:23:27-(8) McVay enters conference room [why?] and Chevalier exits squad room.
01:23:28 -(6) Sajdak exits CID and walks to the conference room where he encounters McVay exiting the
conference room [(3)@ 01:24:07].
01:24:51 -(3 & 1)Sajdak exits the conference room, walks Into elevator lobby and enters elevator.
01:24:58 - (3) Cheresia exits conference room, with unknown objects In hand, walks partially down the
hallway, stops and retums to the conference room.
01:25:11 -(6) McVay enters squad room via Chiefs Office, has conversation with Benltez and enters CID.
01:25:29-(12,11,10) Cheresia exits conference room, via village admin hallway, and walks to the kitchen.
01:26:15-(10,11,12)Cheresia exits kitchen and walks to the conference room.
01:26:49-(6, 7) McVay exits CID [sleep mode -tee shirt, no belt, disheveled].
01:26:57-(8, 7, 6)Chevalier enters squad room (from locker room)and encounters McVay and Benltez.
01:27:04 -(6) McVay enters Sgt's Office, where he lingers making preparations [seen removing Items from a
bag or backpack] apparently for sleep.
01:27:40 -(1,3)Sajdak alights from elevator, radio charger In hand, and walks to conference room.
01:28:52-(3, 2)Cheresia exits conference room [same unknown objects In hand], and walks to locker room.
01:30:25-(6 & 7) Casals exits CID and engages with Benltez and Chevalier.
01:31:14-(6) Casals retums to CID.
01:35:01 -(6, 7) Lights out In squad room by Benltez.
01:38:12-(3) Benltez and Casals enter conference room.
01:38:51 -(6, 7) Benltez returns to squad room with fan retrieved from conference room.
01:40:01 -(12,10)Sajdak exits conference room and walks to kitchen via village admin hallway.
01:40:42-(6) Casals returns to squad room [from locker room].
01:40:48-(10, 12)Sajdak returns to conference room from kitchen via village admin hallway.
01:41:22-(12) Sajdak enters conference room.
■ 01;42:11 -(3) Cheresia exits locker room and walks to conference room [in sleep wear, post shower?].
01:43:35-(3, 8,4)Cheresia exits conference room [in sleep wear] and walks to squad room via Chiefs Ofc.
01:43:59-(6, 7, 4, 3) Cheresia enters squad room and engages Benitez and Chevalier in conversation, he is
offered and receives a fan, which he takes back to the conference room [via Chiefs Ofc], entering at 01:46:45.
01:41:45-(6) McVay closes the door to the Sgfs Office and remains inside.
02:31:51 -(8, 3)Chevalier squad room and walks to the locker room.
02:34:05-(3, 8)Chevalier retums to the squad room.
03:00:00- At this time the Landfaii Team is accounted for as foiiows:
JM and Casais in CID, McVay, Benitez and Chevalier in Squad Room, Sajdak and Cheresia in Conference
Room, Suarez in Locker Room.
03:04:43-(6) McVay exits the Sgfs Ofc[in uniform, gunbelt on], and makes his way to the locker room which
he enters 03:05:19(3,2).
03:05:28 - (12) Sajdak exits conference room via admin hallway door [no gunbelt, shirt tails out], begins
walking down the hall, halts by copier, retums and, then stands outside of the conference room door for
several seconds [03:05:37 - 03:05:48] seemingly adjusting himself / tucking in his uniform shirt, re-enters the
conference room.

03:08:03-(3, 2) McVay exits the locker room and makes his way to the elevator lobby where he enters the #1
(left) elevator at 03:08:46 (1).
03:46:54 -(12) Sajdak exits conference room via admin hallway door [gunbelt slung over right shoulder] and
walks through village hall lobby (2), casually making his way to elevator #1, which he enters at 03:47:54 (1).
04:42:30 -(3, 2) Suarez exits the locker room [in pajamas] and walks to the elevator lobby and exit stairs
landing area.
04:46:49-(3)Suarez retums and enters the conference room.
04:47:47 -(3, 1) Suarez backs out of the conference room and returns to the elevator lobby and exit stairs
ianding area.
04:48:30-(3)Suarez retums and enters the locker room.
05:01:20-(8, 3, 2)Chevalier exits the squad room and walks to the locker room.
05:03:37-(3,4, 8)Chevalier exits the locker room and walks into the Chiefs Ofc[fridge for water].
05:04:08-(6) Chevalier returns to the squad room.
05:04:48 -(1, 3, 2, 4, 6, 7) McVay exits the #1 (left) elevator and makes his way, via the Chiefs Ofc, to the
Sgfs Ofc, which he enters at 05:05:54 (6).
05:10:40 -(7, 6, 4, 3, 2, 1) McVay exits the Sgfs Ofc with his supplies [backpack, amazon box, air mattress
box, etc.], via the Chiefs Ofc and makes his way to elevator #1, which he boards at 05:12:10 (1).
05:37:49 -(1) Sajdak exits the #1 elevator and makes his way to the conference room which he enters at
05:38:03 (3).
05:38:49 -(12) Sajdak exits the conference room via admin hallway door and walks down the hall, doubles
back and passes through the Admin Lobby (2 @ 05:39:05) into the center hallway (3 @ 05:39:14) and makes
his way back to the elevator lobby (1).
05:39:36-(1) Sajdak boards elevator #1.
06:08:50-(7, 6)JM exits CID [in bare feet] and makes his way, via the squad room and center hallway (8) to
the lodker room which he enters at 06:09:24(3,2).
06:10:13-(2, 3) JM exits the locker room [now in flip-flops] and makes his way to the conference room which
he enters at 06:10:25.

06:11:02-(3,2) JM exits the conference room and returns to the locker room.
06:13:16-(2, 3)JM exits the locker room and returns to the conference room.
06:15:22 -(12, 11, 10) JM exits the conference room, via admin hallway, and walks to the kitchen [on the
cellphone].
06:15:50 -(3, 2) Cheresia exits the conference room [in uniform, with slippers], walks to the locker room and
attempts to enter but is apparently locked out and returns to the conference room.
06:16:42 -(3, 2) Cheresia exits the conference room [in uniform, with slippers], walks to the locker room and
enters.

06:17:33-(2, 3)Cheresia exits the locker room [still in slippers], and returns to the conference room.
06:18:11 -(10, 11,12) JM exits the kitchen [coffee cup in hand]and walks via the admin hallway to the admin
lobby (2 @ 06:18:39) where he briefly loiters and then continues to the conference room, which he enters
[admin side] at 06:19:14(12).
06:23:15 - (3, 2) JM exits the conference room [empty hands] walks down the center hallway, apparently
missing his keycard, doubles back and re-enters the conference room.
06:23:47-(3, 2)JM exits the conference room [key card in hand] and walks to the locker room.
06:25:07-(2, 3)JM exits the locker room and walks to the squad room, entering at 06:25:20 (8).
06:25:35-(7)JM enters CID.
06:26:24-(7) JM steps into the squad room and starts rousing the troops.
06:27:04-(3,2,8) Cheresia exits the conference room [in full uniform] and walks to the squad room.
06:27:17-(6,7) Lights On in the squad room.
06:28:26-(6) Casais [in sleep attire] enters the squad room from CID.
06:29:10 -(8, 3) Cheresia exits the squad room and retums to the conference room. The rest of the team
[Casais, Chevalier, Benitez, JM]are policing up the squad room (their sleep area) and prep/dressing [JM is on
the cellphone]
06:30:14-(2, 3)Casais [in sleep attire] enters the locker room.
06:30:18-(10) Cheresia enters the kitchen [via admin hallway].
06:33:16-(3) JM enters the conference room.
06:33:33-(3, 2)JM enters the locker room [coffee cup in hand].
06:34:01 -(2) JM exits locker room [coffee cup in hand] and Suarez is in the doon/vay putting the finishing
touches on her uniform. JM walks toward the conference room which he partially enters.
06:35:04-(3, 2)JM retums to the locker room [coffee cup still in hand].
06:35:23 -(2, 3, 1) JM and Suarez emerge from the locker room - Suarez goes to the conference room and
JM goes to the elevator lobby area.
06:35:32-(10) Cheresia exits the kitchen, food and drink in hand and goes to the conference room.
06:35:39-(3, 1)Suarez exits the conference room and enters the elevator lobby area.
06:36:03-(8) Benitez [in uniform] exits the squad room and goes to the locker room.
06:37:06-(2, 3) Benitez exits the locker room and goes to the conference room.
•06:37:50 -(1,3) Benitez and Suarez both enter the center hallway, near simultaneously, and encounter each
other, after a brief conversation, Benitez goes to the unisex restroom door [normally locked he has a key In
hand] and Suarez goes to the locker room.
06:38:18-(3) Benitez exits the restroom and goes to the conference room.
06:38:40-(3) Benitez exits the conference room and retums to the restroom.
06:39:38-(2, 3, 8)Suarez[donning her gunbelt] exits the locker room and goes to the squad room.
06:40:12-(2, 3) Casals exits the locker room and retums, via the Chiefs Office and squad room to CID.
06:41:35-(2, 3)Suarez enters the locker room.
06:41:50 -(2, 3) Chevalier enters the locker room - he Is briefly delayed by his encounter with JM [returning
from the elevator lobby area] In the hallway.
06:42:14-(4)JM enters the Chiefs ACTUAL Office.
06:42:16 - (3) Benitez and Suarez both enter the center hallway and have a brief encounter - Suarez
continues to the elevator lobby area and boards elevator #1 (1) and Benitez continues to the squad room (8,
7).
06:42:43-(4) JM exits the Chiefs ACTUAL Office and goes to CID via the squad room (6, 7).
06:43:55 -(3, 1) Cheresia exits the conference room and goes to the elevator lobby area and boards elevator
#1.

06:47:03-(2, 3, 8)Chevalier exits the locker room and goes to the squad room.
06:47:38 -(1,3, 2, 8, 7)Cheresia alights from elevator #1 and goes to the squad room.
06:50:25-(6, 7)JM exits CID and joins the others In the squad room.
06:50:41 -(6, 7)Casals [In uniform] exits CID and joins the rest of the team In the squad room.
06:53:24 -(3, 8) The team [JM, Casals, Benitez, Chevalier and Cheresia] exits the squad room and goes to
the conference room.

06:53:50-(12, 11,10)Casals exits via the admin hallway and goes to the kitchen.
06:54:14 -(3, 1, 8) JM, Benitez and Chevalier exit the conference room and enter the elevator lobby where
they await to board elevator #1, a momentary blackout just as they are boarding, dissuades them from riding It
and Benitez and Chevalier walk In the direction of the stairs.

06:54:37-(10, 11,12)Casals exits the kitchen and retums to the conference room via the admin hallway.
06:55:13-(3, 1) Casals and Cheresia exit the conference room and join JM In the elevator lobby; the three of
them then walk towards the stairs.

07:55:02 -(1,3)The team [Suarez, Cheresia, Chevalier, Benitez, JM and Casals] alights from elevator #2 and
disperses Into the conference room [Chevalier and Benitez], the locker room [Cheresia], the squad room
[Suarez] and CID[JM and Casals].
07:57:28 -(8) JM gathers the team In the central hallway and they move Into the squad room [previously the
members were moving hither and yon tending to various matters].
07:58:46-(7)the members[JM, Suarez, Casals, Chevalier, Cheresia] move Into CID.
08:00:06 - (2, 3, 8, 7) Suarez enters the locker room and emerges at 08:03:43 In shorts and tank top and
returns to CID.

08:04:47-(2, 3, 8, 7) Benitez exits the locker room and goes to CID.

08:06:42-(4) Suarez accesses the Chiefs Office -[who's key, why?].
From this point forward there is various activities by the members that seems related to the logistics of
hunkehng down - fans are moved about. Suarez removes cushions from the Chiefs Office at 08:08:01(4),
Casais is observed fidgeting with the door to the Chiefs reception Lobby(3) and an air mattress is ragged from
the locker room into CID. Multiple momentary blackouts are also noted.
08:14:11 - all are again gathered in CID spaces.

Video stops at 08:14:47

 Suarez Statement

Legend:
SB: Samuel Bejar(Investigator)
OS: Officer Amy Suarez
[Ul]: Unintelligible
[PH]: Phonetic

Speaker
SB Today is the seventh day of November, nineteen„.2017 and the time is approximately 11:10
a.m. My name Is Samuel Bejar[PH] of the North Bay Village Police Department and 1 am the
investigator assigned to Internal Affairs Case Number 17-003. Also present at this time is
Officer Amy Suarez. Officer Suarez, you are being questioned as a witness employee
pursuant to an official investigation being conducted by the North Bay Village Police
Department. This interview is being conducted at the North Bay Village Police Department
headquarters on die third floor conference room.The interview is being recorded. Do you
understand?
OS Yes.
SB For the record, please state your name,title, badge number,current assignment, and length
of service.
OS Amy Suarez, I'm currently assigned to road patrol as a school resource officer. 1 have been
with the police department a little over twenty years.
SB And your badge number, please.
OS Two-[UI].
SB Officer Suarez> you are ordered to answer all questions honestly, completely and to the best
of your ability. You are required to give a statement. 1 further advise you that if you refuse to
answer any questions, you are subject to departmental charges, which could result in
disciplinary action against you, up to and including your dismissal from the North Bay Village
Police Department. If you do answer the questions, your statement and any iriformation
and/or evidence which may be gained by reason ofsuch statements cannot be used against
you in any subsequent criminal proceedings, except perjury. However,these statements may
be used against you in relation to subsequent departmental charges. Do you understand?
OS Yes.
SB Except as authorized or required,an employee shall not contact persons involved in an
internal investigation, nor disclose or discuss with anyone except the designated
departmental authority, the existence or facts of a complaint. Do you understand?
OS Yes.
SB Please raise you right hand. Do you swear or affirm that the statement you are about to give
is the truth, the whole truth and nothing but the truth?
OS Ido.
SB Officer Suarez, we are here in reference to an investigation that is being conducted, uh, and
it relates around events relating to the landfall team during the Irma hurricane. The dates are
approximately September ninth and tenth. Urn,so please give me a brief synopsis of your
recollection of those days.
OS What exactly do you want,everything we did?
SB Just in general terms, what you did...
 OS Oh...
SB What time you came in...
OS We came in...Saturday morning? No,Saturday morning. Let me see,the eleventh was
Monday, right? Eleventh, tenth, ninth? Saturday morning. Seven a.m.?
SB [Ul]
OS Friday morning at seven a.m.?
SB OK.
OS 1 can't remember which one.
SB All right.
OS Wait, we did forty eight hours,so Saturday morning,Sunday morning,Sunday morning,
Saturday morning at nine...at seven a.m.. We came in, um,drove around for a while. I was
told to, by McVeigh to, um,get everything squared away. We,we drove around for a while,
about twelve,one t was told by McVeigh go to Mama Jennie's, get all the food set up,then
head up to the EOC. 1 went to Mama Jennie's, did the EOC, was at the EOC, 1 don't know,
maybe until like five when 1 got told to come back here. 1 came back here, we did a little bit
more patrolling, we came off the road,[Ul]the station...
SB OK.
OS Most of that all the way through Sunday until we went back out on the road.
SB OK. Um,all light, so now that we've got that general idea timeline, let's get into some more
specifics. Um,you generally were in charge of preparing the, preparing the food and keeping
the office spaces up and running, is that correct?
OS Pretty much 1 was the den mother, yes.
SB OK.
OS 1 controlled the food and 1 just kind of, you know, made sure everybody had blankets,
everybody was, you know,fed.
SB OK.
OS Stuff picked up.
SB OK,very good. Um,and what wasthe main living space, was it this conference room that
we're in now?
OS Um,this is where most of the guys ate, but everybody had their spot where they, um,slept.
SB OK,all right. Um,do you remember around what tirne the, uh,team carne in and had its
meal that aft...that evening? Approximately, you know...
OS 1,1 think we got deliveries maybe around five or six...
SB [Ul]
OS I'm not really sure.
SB OK. Um, but do you remember what time you retired for the evening? Approximately?
OS It's hard to say because when the guys were In here, when we got told we weren't going
back on the road, the guys came in here and watched, um, 1 want to say it's Full Metal Jacket.
SB OK.
OS And 1 had no desire.
SB OK.
OS So 1 just went into the women's locker room, watched my own TV and took a nap.
SB OK. All right. At some point there was a situation where a cooler was brought into this room.
Uh, and the allegations are that officers on the landfall team, uh, had beers. From that
cooler. Did you observe any of that?
OS No.
SB Are you aware of any of it?
 OS 1 am now, but 1...
SB OK.
OS No, 1 wasn't then.
SB OK, urn, prior to that was, did you overhear any discussion, hey, we're gonna get together
and have some beers later. Anything like that?
OS No.
SB Uh,did you hear anything about it after the fact, on that day?
OS No.
SB You know,like when you came back out the next morning...
OS No.
SB Did anybody talk about hey, we...
OS No.
SB Nothing. OK. Dm,one ofthe other witnesses stated that you were in the room when that
occurred.
OS What occurred, when they were drinking?
SB When there was, when the beer was out.
OS No.
SB No,OK.
OS That's not true.
SB OK.Dm,so on duty you entered the locker room at approximately nine thirty. Does that jive
with your recollection?
OS Honestly 1 couldn't, 1 couldn't even tell you the day we came in...
SB OK.
OS 1 don't remember the...
SB OK.
OS The times.
SB Alt right, urn, you then came back out around four thirty in the morning on the tenth.
OS OK.
SB Urn, you came back into this conference room,do you recall what you did, were you just
generally picking up again,being the den mother kind of thing?
OS Yeah, because honestly,those guys are slobs and they just left everything everywhere.So 1
would just pick up the plates, or the spaghetti sauce was all over the table, 1 would pick that
up.
SB OK. Uh,did you see any evidence of beer bottles, bottle caps, anything like that?
OS No.
SB Did you see a white Styrofoam cooler anywhere?
OS 1 do remember seeing a white Styrofoam cooler.
SB OK.
OS But 1 didn't pay much mind to it. 1 think it was over in that corner.
SB OK.
OS But it was, also in that corner was a trash bag so 1 guess 1 just assumed it was trash and 1
didn't bother with it.
SB All right. At some point you eventually leave the headquarters here, uh, probably
approximately seven o'clock in the morning or so, uh...
OS On Sunday?
SB Huh?
 OS On Sunday?
SB On Sunday morning.
OS Right.
SB Uh,do you recall where you went to?
OS Sunday morning we went driving around looking to make sure everything was all right. We
were taking pictures of damage, we went and checked out[Ul] with the electrical wires,just
driving around.
SB OK. Did you at any time during that tour go to our dispatch center on Galleon?
OS No.
SB OK. Urn, do you recall... so you did not, you did not recall going to dispatch and seeing
McVeigh and Officer Sajdak?
OS Hold on a second,'cause now I'm {sighs] now that 1 think about it, maybe 1 did,'cause 1
remember seeing and 1 don't know if 1 saw him here doing it, McVeigh was steeping in the
back by where we put the property. 1 remember that'cause it was like freezing cold in there
and he had the blanket up to here. But 1 th...l think that's where it was.
SB OK.
OS But 1,1 don't know,1 couldn't tell you for siire yes.
SB So but that would have been that Sunday morning...
OS Right.
SB We're talking about.
OS Right.
SB OK. And do you recall seeing Sajdak then?
OS Ifs very vague 'cause honestly if it was like thirty seconds 1 guess 1 was there, he was up in
the futon.
SB OK.
OS Where the lab, the new kitchen,or whatever, is gonna be...
SB Mmhmm.
OS But 1 was only there...
SB OK.
OS Very briefly. 1 don't,that's why...
SB So you were...
OS [Ul]...
SB So...
OS 1 guess 1 was Just like passing through.
SB Pass, you went by Galleon and you saw them there momentarily and...
OS That was it.
SB Went on your way. Uh, right so,to reiterate you don't recall the cooler till the following
morning.
OS Right.
SB You did not observe anybody...
OS No.
SB Drinking, you did not observe any beer, there was no talk about the beer either before or
after...
OS No.
SB Um,you don't recall seeing Sergeant McVeigh or Officer Sajdak...
OS Vaguely. Like...
 SB [Ul], you were at Galleon when you went through for a second [Ul].
OS Well, 1 saw McVeigh and Steve,and Steve and Walter when 1 was here Saturday morning.
SB OK.
OS But then when i was told to go to the EOC, when 1 came back 1 don't remember seeing them
again. And then...
SB OK. Until...
OS Right and then 1 um, 1 asked Jimmy where they were and he said that they were over at, um,
dispatch...
SB OK.
OS And that they were going to stay there.
SB OK.And by Jimmy you're referring to Lieutenant McCready?
OS Yes.
SB OK.
OS And 1 don't know if this is gonna help or hurt, but 1 have pictures with time,timestamps on
them. Because 1 can't remember half the stuff, it wasn't that big of a deal.
SB Right.
OS So 1 don't know if you want to see those or not, but...
SB OK. Pictures of...?
OS Like when we went out. They're stamped like when we left the station, when we came back
in the station,'cause everything gets, when you take a picture, it gets stamped.
SB OK.And you have them on your phone or you actually printed them out?
OS No, 1 have them on my phone.
SB Oh, OK. All right, 1 will...
OS 1 have-.
SB Take a look at those in a moment.
OS Yeah, i have video of the guys, like when we went downstairs and we were going back out
with the winds and everything,so.
SB OK.So Sunday morning, you guys went out, you did an initial patrol...
OS Right.
SB You came back, uh, and then what happened at that point? After you came back and again
that would have been around eight o'clock in the moming.
OS Sunday, Sunday... we just hung out here.
SB OK.
OS Um,1, we hung out here. What did we do, we napped, we bullshitted...
SB OK.
OS We, um,Jim and 1 went. Lieutenant McCready went on an adventure upstairs to the seventh
floor and found a portable A/C.
SB OK.
OS Um,we went to the roof. That's where we found the broken door. Um,and that's it.
SB Um... You said that you eventually became aware of the whole issue with the drinking.
OS Right.
SB So what kind of scuttlebutt did you hear about that?
OS 1 heard that Sajdak went and told the chief that everybody was drinking.
SB OK. That is pretty much it?
OS 1 wasn't involved in the drinking, if it were true, if it weren't true, it had nothing to do with
me,so, 1 was like...
SB All right. Officer Suarez, Is there anything 1 have fialled to ask you that you would like to add
to this statement?
OS No.
SB Officer Suarez, has everything you've said been the truth to the best of your knowledge?
OS Yes.
SB OK. After we've... after we conclude the taped statement, 1 will review the pictures that you
have on your phone.Should 1 have any questions of those, we'll come back on tape...
OS Sure.
SB And redo it. Uh,the time is now approximately 11:23 a.m. and this concludes this statement.
 CERTIFICATE OF ACCURACY

The undersigned, Dr. Luis A. de la Vega, Chairman of ProTransIaling, appearing

on behalf ofProTransiating, hereby states, to the best ofhis knowledge and belief,
that the foregoing is an accurate transcription/translation of the attached original
recording in the Enn liSK language, consisting of i \
minutes, and that this is ihe last ofthe attached.

Luis A. de la Vega, Ph. D. /

Chairman
For ProTransiating

State of Florida
County of Miami-Dade

The foregoing certificate was acknowledged before me on this day of

EiCjV(^n"^ErT CCdT , by Dr. Luis A. de la Vega, Chairman of
ProTransiating, a Florida corporation, on behalf ofthe corporation. He is
personally known to me.
n
^ //
h f(i 2 ,\)^

f>4otary PublicLY

My commission expires:

fiKsa/i a I
1fll'C Commlseion i? FF SSS§72
RofHSs &a
I ' •'■y Comm. Empires ESsJ 2. 2020 f
I Bonded ihfouBtiRstionaifSslay&iSft.f

2850 Douglas Rd r.orcii Gables. F! 33134 Ph: 305.371 7.887 Fa.x 305.3/1 4816
 NORTH BAY VILLAGE POLICE DEPARTMENT

MEMORANDUM

DATE: January 15,2018

TO: Village Manager Frank Roilasc(h

FROM: Police Chief Carlos Noriega

SUBJECT: Internal Affairs 17-003-IA Close Out Discipline Recommendation

Pursuant to the findings resulting from Intemal Affairs investigation 17-003-IA, I am

recommending the following discipline as part of the case close out for your review and
approval:

Lieutenant James McCready - A Letter of Reprimand, forfeiture of eighty (80) hours of

accrued leave time back to the Village, and removal from the Hurricane Landfall Team
for a period of at least twelve(12) months.

Sergeant James McVay-A Letter of Reprimand and the forfeiture of sixteen (16) hours
of accrued leave time back to the Village.

Detective Manuel Casals- A Letter of Reprimand and the forfeiture of eight(8) hours of
accrued leave time back to the Village.

Officer Ismael Chevalier- A Letter of Reprimand and the forfeiture of eight(8) hours of
accrued leave time back to the Village.

Officer Norian Benitez - A Letter of Reprimand and the forfeiture of eight (8) hours of
accrued leave time back to the Village.

Officer Ethan Cherasia - A Letter of Reprimand and a reclassification in position from

Part-Time Officer to Reserve Officer.

Each Officer listed atrove will t>e signing their Letter of Reprimand and agreeing to the
terms for discipline as part of this process. Also, all of them will be notified in the Letter
of Reprimand that any further violations of Department Policy can result in additional
progressive discipline up to and including termination.

Lastly, it is my recommendation that the hours forfeited by all the officers involved with
this matter be reimbursed to FEMA.

Respectfully Submitted,
 NORTH BAY VILLAGE POLICE DEPARTMENT

MEMORANDUM

DATE: January 23,2018

TO: Internal Affairs Administrator Sam Bejar

FROM: Chief Caries Noriega

SUBJECT: 1/23/18 Meeting with Officer Waiter Sajdak

The purpose of this memorandum is to document a meeting between Officer Sajdak

and myself, as well as, provide information that he volunteered.

On 1/22/18, Officer Sajdak requested a meeting with writer and said meeting was
scheduled for 1^3/18 at 330P by my assistant, /^a Gonzalez. The following day.
Officer Sajdak arrived at my office as scheduled and began to talk to me about Intemal
Affairs case 17-003-IA. In his opening statement. Officer Sajdak stated he had heard
that the aforementioned Intemal Affairs investigation was closed and that the subject
Officers only received a "Letter of Reprimand", adding that he couldn't believe said
Officers who "destroyed evidence" didn't receive more punishment.

Upon making this initial statement, I immediately informed Officer Sajdak that this is still
an 0F)en and pending Intemal Investigation and I could not discuss it with him per
Florida State Statutes. Officer Sajdak responded that he thought the case was closed
and I again told him that it is was not. I informed him that there was more work still to
be done with the investigation but would be glad to discuss the case with him once it
was officially closed. I did close by advising him that I considered myself a fair person
but I do make sure to hold my personnel accountable as appropriate. Officer Sajdak
thanked me for my time and the meeting was concluded.