Internal Affairs Unit - Cleveland.com
Internal Affairs Unit - Cleveland.com
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City of <strong>Cleveland</strong><br />
Department of Law<br />
The reasons for the redactions in the records provided are as follows:<br />
Social Security Numbers and/or Federal Identification Numbers have been redacted<br />
under State ex reI. Beacon Journal Publishing Co. v. Akron (1970), 70 Ohio St.3d 605.<br />
The employee's house number and street name have been redacted under State ex<br />
reI. Dispatch Printing Co. v. Johnson (2005), 106 Ohio St.3d 160.<br />
The employee's day and month of birth and personal telephone numbers have been<br />
redacted because they are not records under O.R.C. 149.011(G) and 149.43.<br />
Information has been redacted per R.C. 4501.27(C) that provides the re-disclosure by<br />
authorized recipient of OBMV records is prohibited, except for limited purposes not<br />
applicable to the public record request.<br />
The bank routing and account numbers have been redacted as this information does<br />
not fall within the definition of "record" as stated by ORC 149.011(G) because it does<br />
not serve to document the organization, functions, policies, decisions, procedures,<br />
operations or other activities of the City of <strong>Cleveland</strong>.<br />
The account numbers have been redacted as this information does not fall within the<br />
definition of "record" as stated by ORC 149.011(G) because it does not serve to<br />
document the organization, functions, policies, decisions, procedures, operations or<br />
other activities of the City of <strong>Cleveland</strong>.<br />
Confidential law enforcement investigatory information has been redacted/removed<br />
based on State ex reI. Musial v. City of N. Olmsted, 106 Ohio St.3d 459, 463, 2005<br />
Ohio 5521; State ex reI. Outlet Communications v. Lancaster Police Dept., 38 Ohio<br />
St.3d 324, 328 (1988); State ex reI. Master v. City of <strong>Cleveland</strong>, 76 Ohio St.3d 340,<br />
343, 1996 Ohio 300 (1996); State ex reI. Yant v. Conrad, 74 Ohio St.3d 681, 682,<br />
1996 Ohio 234 (1996); State ex reI. Toledo Blade Co. v. Telb, No. 90-0324, 50 Ohio<br />
Mise. 2d 1, 9 (C.P. Lucas Cty. Feb. 8, 1990); State ex reI. Toledo Blade Co. v. Telb,<br />
No. 90-0324, 50 Ohio Mise. 2d 1,16; State ex reI. Toledo Blade Co. v. Telb, No. 90-<br />
0324, 50 Ohio Misc. 2d 1, 5; State ex reI. Beacon Journal Publ'g Co. v. Kent State<br />
Univ., 68 Ohio St.3d 40, 44, 1993 Ohio 146 (1993); State ex reI. Broom v. <strong>Cleveland</strong>,<br />
No. 59571, 1992 Ohio App. LEXIS 4548, *39-40 (8 th Dist. August 27, 1992); State ex<br />
reI. WLWT-7VS v. Leis, 77 Ohio St.3d 357, 1997 Ohio 273 (1997); State ex reI.<br />
<strong>Cleveland</strong> Police Patrolmen's Assn v. City of <strong>Cleveland</strong>, 122 Ohio App. 3d 696, 699<br />
(8 th Dist. 1997); R.C. 149.43(A)(2)(d), See, State ex reI. Martin v. City of <strong>Cleveland</strong>,<br />
67 Ohio St.3d 155, 156, 1993 Ohio 192 (1993).
<strong>Cleveland</strong> Division of Police<br />
<strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
Investigative Report<br />
#F003572388. This created a $100 fme to _ whose records indicated that Jonathan<br />
Sledge rented the vehicle. It eventually became apparent that Sledge did not rent the vehicle, because it<br />
was rented under the with the <strong>Cleveland</strong> Division of Police.<br />
By the time . had learned what had occurred, the fine had increased to $122 and<br />
could still rise if further delinquent. On May 10, 2010, paid'the fine - Reference<br />
#28529454, and then sought remuneration from the <strong>Cleveland</strong> Division of Police. It was at this time that<br />
the <strong>Cleveland</strong> Division of Police learned that the car was rented under a false identity. On June 1, 2010, a<br />
Cashier's Check was issued to for $122, as reimbursement fur the fine. This check is still<br />
outstanding and is now void due to time limitations on the check.<br />
Interviewed:<br />
6/30/2010: Jonathan Sledge via landline (216-326-3494)<br />
7/2/2010<br />
7/23/2010: Sergeant John Sotomayor #9846, Narcotics <strong>Unit</strong><br />
8/19/2010: <strong>Cleveland</strong> Police Patrolmen's Association Counsel Pat D'Angelo<br />
8/20/2010:<br />
8/2612010: .<br />
912412010: Megan (<strong>Cleveland</strong> Police Credit Union) via landline (216-861-3535)<br />
9127/2010: Paul Reynolds via landline (216-651-6901)<br />
9/2712010: Branden Bryson (9808 Pratt Avenue, <strong>Cleveland</strong>, Ohio 44105)<br />
Written Statements:<br />
5/1012010: Mr. Jonathan Sledge, Letter<br />
8116/2010: Patrol Officer Aaron Pettit #101, Type Orders<br />
8/2112010: Lieutenant Jerome Barrow #8467, Type Orders<br />
8/26/2010: Patrol Officer Kenneth Allen #2449, Type Orders<br />
9/1812010: Patrol Officer Mister Jackson #874, Type Orders<br />
9/2112010: Lieutenant Jerome Barrow #8467, Type Orders<br />
1113/2010: Chief City Prosecutor Victor Perez, Felony-Review Form<br />
11119/2010: Detective George Redding #2327, Garrity<br />
11119/201 0: Detective Anthony Spencer #936, Garrity<br />
Pertinent Portions ofInterviews and Written Statements:<br />
On Monday, May 10, 2010, Mr. Jonathan Sledge wrote a letter regarding the misuse of his identity,<br />
causing a "camera ticket" to be issued to him, and the impounding of one of his vehiCles.<br />
On Wednesday, June 30, 2010, I interviewed Mr. Jonathan Sledge via landline (216-326-3494) and<br />
learned that to the best of his knowledge, he has had no interaction with Detective George Redding<br />
#2327. He further stated that he has not given anyone permission to use his identity and that he is not<br />
aware of any criminal activities regarding his identity beyond the scope ofthis investigation.<br />
IAU Case #2010-061 Administrative Report Page 2 of 11 pages
On Friday, July 2, 2010, I interviewed.<br />
He stated that<br />
driver's license.<br />
<strong>Cleveland</strong> Division of Police<br />
<strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
Investigative Report<br />
will not rent a vehicle unless the renter presents a<br />
On Friday, July 23, 2010, I interviewed Narcotics <strong>Unit</strong> Sergeant John Sotomayor #9846 regarding the<br />
covert rental car program. Sergeant Sotomayor provided me with a cursory explanation of the covert<br />
rental car program and a copy of the City's contract with and the Narcotics <strong>Unit</strong><br />
Rental Car Policy.<br />
On Monday, August 16, 2010, Patrol Officer Aaron Petitt #101 responded to Type Orders regarding his<br />
possession of Jonathan Sledge's identification card (RMS #2009-335784). Officer Petitt's response<br />
included the following:<br />
While assigned to Zone Car 4D23, I had the occasion to arrest Jonathan Sledge for<br />
V.S.D.L., Resisting Arrest and Obstruction ... I somewhat recall the arrest in question 10<br />
months ago. I recall the male reaching several times into the center consul area, him<br />
pushing off of me and fleeing, and him forcing me to use my Taser for my own safety<br />
when he repeatedly reached for his waistband in what I believe was an attempt to retrieve a<br />
weapon. I regret to inform you however that I do not recall the specifics of the situation as<br />
it was not a significant event when <strong>com</strong>pared to his resisting, which ultimately led to a use<br />
of non-deadly force. I have no recollection of keeping the male's ID on my person, and he<br />
was no longer in my presence after the scene was secured as he was transported by a two<br />
man car to CPU where he was booked and housed not in my presence.<br />
At no time do I believe that I would have kept the male's ID on my person for any reason<br />
and not given it back to him and wish that I could be of more assistance in helping him<br />
recover his lost ID.<br />
On Thursday, August 19, 2010, <strong>Cleveland</strong> Police Patrolmen's Association Counsel Pat D'Angelo stated<br />
on behalf of Detective George Redding #2327 he would not be making a Miranda statement.<br />
On Friday, August 20, 2010, while ac<strong>com</strong>panied by Sergeant Rybarczyk, I interviewed<br />
at<br />
aetailed paperwork regarding rentals made by District 3 Vice.<br />
provided<br />
On Saturday, August 21, 2010, District 3 Vice Lieutenant Jerome Barrow responded to Type Orders.<br />
His response revealed that Detective George Redding #2327 rented vehicles using Jonathan Sledge's<br />
identification. He further stated that Detective Redding used the identification card to remain covert, and<br />
that Detective Redding got the card from the unclaimed identification cards at the district. Detective<br />
Redding still has Sledge'S identification card, pending this investigation.<br />
On Thursday, August 26, 2010, I interviewed and.<br />
_ They provided detailed data<br />
regarding the covert rentals made the <strong>Cleveland</strong> Division of Police Narcotics and Vice <strong>Unit</strong>s.<br />
IAU Case #2010-061 Administrative Report Page 3 of II pages
<strong>Cleveland</strong> Division of Police<br />
<strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
Investigative Report<br />
On Thursday, August 26, 2010, Patrol Officer Kenneth Allen #2449 responded to TyPe Orders regarding<br />
the conveying of Jonathan Sledge in connection with Sledge's arrest by Patrol Officer Pettit. Patrol<br />
Officer Allen stated that he has no recollection of what became of Mr. Sledge's identification card. He<br />
further stated that he was the driver on the date in question and his partner (Patrol Officer Mister Jackson<br />
#874) took care of all the paperwork. Additionally, he does not know if they were ever in possession of<br />
Mr. Sledge's identification card.<br />
On Saturday, September 18, 2010, Patrol Officer Mister Jackson #874 responded to Type Orders<br />
regarding the conveying of Jonathan Sledge in connection with Sledge's arrest by Patrol Officer Pettit.<br />
Upon reviewing the documents involving that incident, he has no recollection of the incident, and<br />
specifically he does not have any recollection regarding Mr. Sledge's identification.<br />
On Tuesday, September 21,2010, District 3 Lieutenant Jerome Barrow responded to Type Orders. His<br />
response revealed that Detectives George Redding #2327, John Foster #1863 and Anthony Spencer #936<br />
rented vehicles using other people's identification, specifically Jonathan Sledge, Paul Reynolds and<br />
Branden Bryson's. He further stated that the detectives used the identification cards to remain covert, and<br />
that the detectives got the cards from the unclaimed identification cards at the district. Paul Reyno Ids and<br />
Branden Bryson's identification cards were returned to the unclaimed identification cards at the district.<br />
On Friday, September 24,2010, I interviewed Megan of the <strong>Cleveland</strong> Police Credit Union. She stated<br />
that the Cashier's Check (092005411100421 35220926) payable to the order of had not been<br />
cashed.<br />
On Monday, September 27,2010, I interviewed Paul Reynolds via landline (216-651-6901). He stated<br />
that he has not given anyone permission to use his identity and that he is not aware of any criminal<br />
activities regarding his identity beyond the scope of this investigation.<br />
On Monday, September 27,2010, I interviewed Branden Bryson at 9808 Pratt Avenue. He stated that he<br />
has not given anyone permission to use his identity and that he is not aware of any criminal activities<br />
regarding his identity beyond the scope of this investigation.<br />
On Wednesday, November 3, 2010, Chief City Prosecutor Victor Perez ruled on the criminality of the<br />
incident. He ruled No Papers Issued due to insufficient evidence.<br />
On Friday, November 19, 2010, while ac<strong>com</strong>panied by Sergeant Michael Rybarczyk #9911, I took a<br />
written Garrity statement from Detective George Redding #2327. His statement included the following:<br />
(What form of instruction did you receive regarding the rental of vehicles from<br />
, as part of the covert rental program?) I was just instructed to rent the cars. I<br />
was given a credit card with a front <strong>com</strong>pany name of ' to use when<br />
renting vehicles from We would have to rent these vehicles while<br />
we were off-duty, because my city start time was 1900 hours and<br />
would close at 1700 hours.<br />
lAD Case #2010-061 Administrative Report Page 4 of 11 pages
<strong>Cleveland</strong> Division of Police<br />
<strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
Investigative Report<br />
(Who gave you those instructions?) Lieutenant Barrow.<br />
(Why did you use Jonathan Sledge's driver's license to rent vehicles for the covert rental<br />
program?) To maintain the covertness of my identification - to protect my tt;ue identity as<br />
a police officer.<br />
(Did you get permission from Jonathan Sledge to use his driver's license to rent these<br />
vehicles?) No.<br />
(How did you obtain Jonathan Sledge'S driver's license?) Through the lost and found at the<br />
front desk at the Third District.<br />
On Friday, November 19, 2010, while ac<strong>com</strong>panied by Sergeant Michael Rybarczyk #9911, I took a<br />
written Garrity statement from Detective Anthony Spencer #936. His statement included the following:<br />
(What form of instruction did you receive regarding the rentalofvehicles from<br />
, as part of the covert rental program?) There was nothing formal or in writing.<br />
We were prepped that the program would be open to us. There would be one person who<br />
worked at the rental car place who would know who we were. We were told that we were<br />
to rent vehicles from from the office located<br />
We were asked by Lieutenant Barrow from where we<br />
would like to rent the cars, and that was the office we selected. I do recalU that we were<br />
part of a "front" construction <strong>com</strong>pany. We did use some type of credit; card to pay.<br />
Lieutenant Barrow gave us our instructions regarding the rentals. '<br />
(Why did you use Branden Bryson's driver's license to rent vehicles for the covert rental<br />
program?) Just to have an ID in my hand. I did not trust the employees of<br />
to know my actual personal information while I was renting a vehicle for covert<br />
operations. When I am undercover I don't want anyone to know who I am.<br />
lAU Case #2010-061 Administrative Report Page 5 of 11 pages<br />
•
<strong>Cleveland</strong> Division of Police<br />
<strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
Investigative Report<br />
<strong>Cleveland</strong> Division of Police's General Police Orders:<br />
GPO 1.1.01: Mission Statement (in pertinent part)<br />
Policy: Members of the Division of Police shall carry out their mission in accordance with the<br />
strictest ethical guidelines. Division members shall conduct themselves in a manner that fosters<br />
public confidence in the integrity of <strong>Cleveland</strong>'s govermnent, its processes, and its<br />
ac<strong>com</strong>plishments. Members of the Division of Police shall be guided by the values expressed in<br />
the City 0 f <strong>Cleveland</strong> Mission Statement, the City of <strong>Cleveland</strong> Ethics Po licy, and the Division 0 f<br />
Police Manual of Rules and Regulations.<br />
GPO 1.1.02: Values Mission Statement (in pertinent part)<br />
Integrity: We hold ourselves accountable to the highest standards of moral and ethical conduct,<br />
we maintain public trust by being honest, <strong>com</strong>petent and consistent with our values and actions.<br />
GPO 1.1.03: Standards of Conduct and Courtesy (in pertinent part)<br />
I. Not engage in any conduct, speech or acts while on or off duty, which would reasonably<br />
tend to diminish the esteem of the Division of Police or its personnel in the eyes of the<br />
public (Rule 5.01).<br />
III. Conduct themselves in such a manner as to <strong>com</strong>mand the respect of the public (Rule 5.08).<br />
Rules of The Civil Service Commission:<br />
Rule 9.10 Tenure (in pertinent part)<br />
But any officer or employee in the classified service may be discharged, suspended, or reduced in<br />
rank for anyone or more of the following causes:<br />
1. Neglect of Duty<br />
3. In<strong>com</strong>petence or inefficiency in performance of duties.<br />
7. Disorderly, immoral, or unethical conduct while on duty.<br />
18. For other failure of good behavior which is detrimental to the service, or for any<br />
other act of misfeasance, malfeasance, or nonfeasance in office.<br />
Respectfully,<br />
Sergeant Charles L. DePenti #9963<br />
lAU Case #2010·061 Administrative Report Page 11 of 11 pages
Lieutenant Jerome Barrow#8467<br />
<strong>Cleveland</strong>, Ohio 44105<br />
Dear Lieutenant Barrow #8467:<br />
January 25,2011<br />
Please be advised, in accordance with Article IV § (0) of the collective bargaining agreement<br />
between the City of <strong>Cleveland</strong> and the Fraternal Order of Police, Lodge #8, a pre-disciplinary<br />
conference has been scheduled to determine whether you violated the following rules of the<br />
Manual of Rules, Department of Public Safety, and the rules of the Civil Service Commission<br />
of the City of <strong>Cleveland</strong>.<br />
STATEMENT OF POLICY<br />
In part:<br />
The Manual of Rules and Regulations sets forth the conduct and behavior to be<br />
followed by officers and employees. Any violation of these rules and regulations shall<br />
be a basis for disciplinary action. Disciplinary action includes, but is not limited to,<br />
verbal and written reprimands and the preferring of divisional charges which can<br />
result in suspension, loss of pay, demotion or termination. The rules, regulations, and<br />
standards contained in this manual shall apply whether the officer or employee is on or<br />
off duty. Where a conflict exists between a Rule and Regulation and a General Police<br />
Order, the Rule or Regulation provision shall be adhered to.<br />
I. SWORN POLICE RANKS<br />
Rule 1.05: Lieutenant of Police<br />
Lieutenants shall be assigned as officers in charge of sectors, sections,<br />
or units within the Division of Police or such other supervisory duties as<br />
the Chief of Police may designate.<br />
They shall be responsible for the discipline of each subordinate under<br />
their <strong>com</strong>mand and shall make frequent inspections of subordinates in<br />
regards to their appearance, conduct and performance in handling<br />
<strong>com</strong>plaints and police duties, as well as inspecting equipment and<br />
vehicles assigned to their use.
Lieuteuant Jerome Barrow #8467<br />
January 25, 2011<br />
Page 2 of9<br />
They shall thoroughly familiarize themselves with all applicable federal<br />
statutes, state laws, municipal ordinances, rules, regulations, general<br />
police orders, divisional notices and memorandums of the Division, and<br />
be responsible for their strict observance and enforcement, causing full<br />
<strong>com</strong>pliance by subordinates.<br />
Specification #1: On Wednesday, October 20, 2009, you (Lieutenant Jerome Barrow<br />
#8467) allowed members under your <strong>com</strong>mand to represent another<br />
person's personal identifying information as the member's own personal<br />
identifying information when they rented a vehicle from the<br />
under the <strong>Cleveland</strong> Police covert program.<br />
Specification #2: On Thursday, February 4, 2010, you (Lieutenant Jerome Barrow #8467)<br />
allowed members under your <strong>com</strong>mand to represent another person's<br />
personal identifying information as the member's own personal<br />
identifying information when they rented a vehicle from the<br />
under the <strong>Cleveland</strong> Police covert program.<br />
Specification #3: On Friday, February 5, 2010, you (Lieutenant Jerome Barrow #8467)<br />
allowed members under your <strong>com</strong>mand to represent another person's<br />
personal identifying information as the member's own personal<br />
identifying information when they rented a vehicle from the<br />
under the <strong>Cleveland</strong> Police covert program.<br />
All in violation of the rules, regulations and procedures of the Division<br />
of Police, Department of Public Safety.<br />
General Police Order 1.1.01 City of <strong>Cleveland</strong> Mission Statement and Ethics Policy<br />
PURPOSE: To establish a Mission Statement that provides vision, purpose and<br />
direction for the Division of Police and to establish an ethics policy to guide<br />
the actions of all its members.<br />
POLICY: Members of the Division of Police shall carry out their Ill1SSlOn in<br />
accordance with the strictest ethical guidelines. Division members shall<br />
conduct themselves in a manner that fosters public confidence in the<br />
integrity of <strong>Cleveland</strong>'s govemment, its processes, and its<br />
ac<strong>com</strong>plishments. Members of the Division of Police shall be guided by<br />
the values expressed in the City of <strong>Cleveland</strong> Mission Statement, the City of<br />
<strong>Cleveland</strong> Ethics Policy, and the Division of Police Manual of Rules and<br />
Regulations.
Lieutenant Jerome Barrow #8467<br />
January 25, 2011<br />
Page 3 of9<br />
City of <strong>Cleveland</strong> Mission Statement<br />
We are <strong>com</strong>mitted to improving the qnality of life in the City of <strong>Cleveland</strong> by<br />
strengthening our neighborhoods, delivering superior services, embracing the<br />
diversity of our citizens and making <strong>Cleveland</strong> a desirable, safe city in which to live,<br />
work, raise a family, shop, study, play and grow old.<br />
DEFINITIONS:<br />
Anything of value - includes anything of monetary value, including, but not limited to,<br />
money, gifts, food or beverages, social event tickets and expenses, travel expenses, golf<br />
outings, consulting fees, <strong>com</strong>pensation, or employment. "Value" means worth greater<br />
than de minimis or nominal.<br />
Anyone doing business with the City - includes, but is not limited to, any person,<br />
corporation, or other party that is doing or seeking to do business with, regulated by, or<br />
has interests before the City.<br />
PROCEDURES:<br />
I. Division members must, at all times, abide by protections to the public embodied<br />
in Ohio's ethics laws, as found in Chapters 102 and 2921 of the Ohio Revised<br />
Code (ORC), and as interpreted by the Ohio Ethics Commission and Ohio courts.<br />
Members shall conduct themselves, at all times, in a manner that avoids favoritism,<br />
bias, and the appearance of impropriety.<br />
II. A general summary of the restraints upon the conduct of all Division members<br />
includes, but is not limited to, those listed below. No member shall:<br />
A. Solicit or accept anything of value from anyone doing business with the<br />
City.<br />
B. Solicit or accept employment from anyone doing business with the City,<br />
unless the member <strong>com</strong>pletely withdraws from the City's activity regarding<br />
the party offering employment, and the member's appointing authority<br />
approves the withdrawal.<br />
c. Use his or her public position to obtain benefits for the member, a family<br />
member, or anyone with whom the member has a business or employment<br />
relationship.
Lieutenant Jerome Barrow #8467<br />
January 25, 2011<br />
Page 4 of9<br />
D. Be paid or accept any form of <strong>com</strong>pensation for personal services rendered<br />
on a matter before any board, <strong>com</strong>mission, or other body of the City, unless<br />
the member qualifies for the exception, and files the statement, described in<br />
ORC 102.04(D).<br />
E. Hold or benefit from a contract with, authorized by, or approved by, the<br />
City, (the Ethics Law does except some limited stockholdings, and some<br />
contracts objectively shown as the lowest cost services, where all criteria<br />
under ORC 2921.42 are met.<br />
F. Vote, authorize, reco=end, or in any other way use his or her position to<br />
secure approval of a City contract (including employment or personal<br />
services) in which the member, a family member, or anyone with whom the<br />
member has a business or emplo]P1ent relationship, has an interest.<br />
G. Solicit or accept honoraria (see ORC 102.01(H) and 102.03(H».<br />
H. During public service, and for one year after leaving public service, represent<br />
any person, in any fashion, before any public agency, with respect to a matter<br />
in which the member personallyparticipated while serving with the City<br />
1. Use or disclose confidential information protected by law, unless<br />
appropriately authorized.<br />
J. Use, or authorize the use of, his or her title, the name "City of <strong>Cleveland</strong>," or<br />
the City's logo in a manner that suggests impropriety, favoritism, or bias by<br />
the City or the official or emplo)ee.<br />
III. Members of the Division shall also be guided by the <strong>Cleveland</strong> Division of Police<br />
Manual of Rules and Regulations, Section III Ethics, to wit:<br />
A. Rule 3.07 Personnel shall not use their position, badge or credentials for<br />
personal gain.<br />
B. Rule 3.08 Personnel shall not solicit or accept from any person, business<br />
or organization any <strong>com</strong>pensation, gift or other thing of value for personal<br />
benefit or to influence performance or nonperformance of an official duty,<br />
act or service.
Lieutenant Jerome Barrow #8467<br />
January 25, 2011<br />
Page 50f9<br />
General Police Order 1.1.02: Values Mission Statement<br />
PURPOSE: To establish a Values Mission Statement for the Division of Police that<br />
provides vision, purpose and direction for the members of the Division.<br />
POLICY: Members of the Division of Police shall not only be guided by the City Mission<br />
Statement, but by the values that the members of the Division shall live by.<br />
Values Mission Statement ofthe <strong>Cleveland</strong> Division of Police<br />
The Mission of the members of the <strong>Cleveland</strong> Division of Police is to enhance the quality of<br />
life, strengthen our neighborhoods and deliver superior services with professionalism,<br />
respect, integrity, dedication and excellence by working in partnership with our<br />
neighborhoods and <strong>com</strong>munity.<br />
Professionalism We take pride in ourselves, our profession and our <strong>com</strong>munity. We will<br />
be role models for our <strong>com</strong>munity by enthusiastically excelling in<br />
quality performance.<br />
Respect<br />
Integrity<br />
Dedication<br />
Excellence<br />
We will treat all people with dignity, <strong>com</strong>passion, courtesy and without<br />
prejudice. We will protect the constitutional and civil rights of everyone<br />
through impartial enforcement of the law.<br />
We hold ourselves accountable to the highest standards of moral<br />
and ethical conduct, we maintain public trust by being honest,<br />
<strong>com</strong>petent and consistent with our values and actions.<br />
We dedicate ourselves to improving the quality of life by developing a<br />
partnership with the <strong>com</strong>munity and being <strong>com</strong>mitted to protecting life<br />
and property, thus reducing fear which leads to a safer <strong>com</strong>munity for<br />
all.<br />
We hold ourselves to the highest standards oflawenforcement. We will<br />
continuously improve the quality of service to the <strong>com</strong>munity through<br />
education, training and development.<br />
General Police Order 1.1.03; Standards of Conduct and Courtesy<br />
PURPOSE: To establish professional standards of conduct and courtesy for members of the<br />
<strong>Cleveland</strong> Division of Police who represent the Division in dealing with the<br />
general public.
Lieutenant Jerome Barrow #8467<br />
January 25, 2011<br />
Page 6 of9<br />
POLICY: Division members shall be resourceful and polite when dealing with the<br />
general public. This includes but is not limited to personal, physical and<br />
telephone contact.<br />
PROCEDURES: Division of Police personnel shall:<br />
I. Not engage in any conduct, speech or acts while on or off duty, which would<br />
reasonably tend to diminish the esteem of the Division of Police or its personnel in the<br />
eyes of the public (Rule 5.01).<br />
II. Not engage publicly in any disparaging conversation detrimental to the Division of<br />
Police or its personnel, or representing policy as other than as stated in the rules,<br />
general police orders, divisional notices and memorandums (Rule 5.02).<br />
III. Conduct themselves in such a manner as to <strong>com</strong>mand the respect of the public (Rule<br />
5.08).<br />
MANUAL OF RULES AND REGULATIONS FOR THE CONDUCT AND<br />
DISCIPLINE OF OFFICERS AND EMPLOYEES<br />
II. ADMINISTRATIVE COMPLIANCE<br />
Rule 2.02: Personnel shall not willfully disobey any rules, regulations, general<br />
police orders or directives of the Division of Police, or any lawful<br />
orders, written or oral, issued to them by a superior officer of the<br />
Division of Police.<br />
Specification:<br />
Rule 2.03:<br />
Specification:<br />
Rule 2.04:<br />
Specification:<br />
Rule 2.13:<br />
As enumerated in specification for violation of Rule 1.06.<br />
Personnel shall perform all duties required by rules, regulations, general<br />
police orders, directives, or orders of the Division of Police.<br />
As enumerated in specification for violation of Rule 1.06.<br />
Personnel shall study all rules, regulations, general police orders and<br />
directives pertaining to their duties, and shall be held accountable for<br />
any action contrary to these instructions.<br />
As enumerated in specification for violation of Rule 1.06.<br />
The following are additional grounds for disciplining personnel,<br />
including removal, in addition to the grounds stated in Civil Service<br />
Commission Rule 9.10:
Lieutenant Jerome Barrow #8467<br />
January 25, 2011<br />
Page 7 of9<br />
a. In<strong>com</strong>petence<br />
b. Gross neglect of duty<br />
f. Any other reasonable and just cause<br />
Specification: As enumerated in specification for violation of Rule 1.06.<br />
IV. DUTY<br />
RnIe 4.03: Personnel shall give full attention to the performance of their duties.<br />
Specification:<br />
Rule 4.12:<br />
Specification:<br />
V. BEHAVIOR<br />
As enumerated in specification for violation of Rule 1.06.<br />
Personnel shall be considered to be on duty at all times for purposes of<br />
discipline.<br />
As enumerated in specification for violation of Rule 1.06.<br />
Rule 5.01: Personnel shall not engage in any conduct, speech or acts while on duty,<br />
or off duty, which would reasonably tend to diminish the esteem of the<br />
Division of Police or its personnel in the eyes of the public.<br />
Specification:<br />
RnIe 5.08:<br />
Specification:<br />
As enumerated in specification for violation of Rule 1.06.<br />
Personnel shall conduct themselves in such a manner as to <strong>com</strong>mand the<br />
respect of the pUblic.<br />
As enumerated in specification for violation of Rule 1.06.<br />
CIVIL SERVICE CavIMISSION 9.10:<br />
TENURE: The tenure of every officer or employee in the classified service shall be<br />
during good behavior and efficient service. No such officer or employee<br />
shall be discharged, suspended, or demoted fir political, racial or religious<br />
reasons, or for refusing to contribute to any political fund, or refusal to<br />
render political service.<br />
But any officer or employee in the classified service may be discharged,<br />
suspended, or reduced in rank for anyone or more of the following<br />
causes:
Lieutenant Jerome Barrow #8467<br />
January 25,2011<br />
Page 8 of9<br />
1. Neglect of duty.<br />
3. In<strong>com</strong>petency or inefficiency in performance of duties.<br />
7. Disorderly, immoral, or unethical conduct while on duty.<br />
18. For other failure of good behavior, which is detrimental to the<br />
service, or for any other act of misfeasance, malfeasance or<br />
nonfeasance in office.<br />
Specification: As enumerated in specification for violation of Rule 1.06.<br />
The pre-disciplinary conference is scheduled for Wednesday, February 2, 2011 at 1100<br />
hours in the office of the Chief of Police. Should you desire union representation, it is your<br />
responsibility to notify your union of this conference. All testimony provided during the<br />
hearing shall be given the same weight as sworn testimony; therefore, your statements can<br />
and may be used against you at the hearing or at a later date.<br />
Any documentation that could explain any of the above allegations shall be forwarded<br />
to the Case Preparation Office a minimum of 48 hours prior to the scheduled hearing.<br />
In addition, it is also your responsibility to bring the documentation to this scheduled<br />
hearing<br />
If you are to have witnesses appear on your behalf, a written list must be provided to<br />
the Case Preparation Office on line 623-5022 or fax to 623-5584 a minimum of 48 hours<br />
prior to the scheduled hearing. It is your responsibility to notify said witnesses of the date<br />
and time of the hearing. In addition, it is your sole responsibility to ensure the<br />
attendance of any witnesses appearing on your behalf. No overtime shall accrue as a<br />
result of their attendance. If the witnesses are Divisional members and scheduled to work<br />
during the hearing, prior permission for their attendance MUST be obtained from their<br />
appropriate Command Officer.<br />
In accordance with General Police Order 1.1.12: Uniform Regulation, you are to appear in<br />
the full uniform of the day and have your badge, city issued service weapon and<br />
identification card with you. Any witnesses that may appear are to also be in the full<br />
uniform of the day. Your attendance at this hearing is NOT CONSIDERED YOUR TOUR<br />
OF DUTY as you will be reporting to your scheduled work assignment.
Lieutenant Jerome Barrow #8467<br />
January 25, 2011<br />
Page 9 of9<br />
MM:kec:dmc<br />
THESE CHARGES MAY BE AMENDED AT A LATER DATE<br />
Sincerely,<br />
Michael McGrath<br />
Chief of Police<br />
cc: Briao Betley, Acting President, Fraternal Order afPotice Lodge #8
DIST'/BUR.<br />
EXAMINED BY<br />
CLEVELAND DIVISION OF POLICE<br />
CLEVELAND, OHIO<br />
DIVISIONAL INFORMATION<br />
ZONE/UNIT <strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
_________ RANK<br />
FROM Sergeant Charles L. DePenti #9963 TO Daniel Bernath, Lieutenant<br />
November 24 20 10<br />
SUBJECT Request Departmental Charges to be preferred against Lieutenant Jerome Barrow #8467<br />
COPIES TO Chief s Office, <strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong> files<br />
Page 1 of 5 Pages<br />
Sir:<br />
Upon <strong>com</strong>pletion of my investigation of <strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong> Case #2010-061, I have concluded that Lieutenant<br />
Jerome Barrow #8467 violated Rules of The Civil Service Commission, <strong>Cleveland</strong> Division of Police General<br />
Police Orders and Manual of Rules and Regulations for the Conduct and Discipline of Officers and Employees.<br />
I respectfully request charges be preferred against Lieutenant Jerome Barrow #8467 for violations of the<br />
below listed violations of the Manual of Rules and Regulations for the Conduct and Discipline of Officers<br />
and Employees 2000.<br />
I. SWORN POLICE RANKS<br />
Rule 1.05 Lieutenant of Police<br />
Lieutenants shall be assigned as officers in charge of sectors, sections, or units within the Division of Police or<br />
such other supervisory duties as the Chief of Police may designate.<br />
They shall be responsible for the discipline of each subordinate under their <strong>com</strong>mand and shall make frequent<br />
inspections of subordinates in regards to their appearance, conduct and perfonnance in handling <strong>com</strong>plaints and<br />
police duties, as well as inspecting equipment and vehicles assigned to their use.<br />
They shall thoroughly familiarize themselves with all applicable federal statutes, state laws, municipal<br />
ordinances, rules, regulations, general police orders, divisional notices and memorandums of the Division, and<br />
be responsible for their strict observance and enforcement, causing full <strong>com</strong>pliance by subordinates.<br />
Specification: Lieutenant Jerome Barrow allowed those under his <strong>com</strong>mand to violate Ohio Revised Code<br />
2913.49, Identity Fraud which states in pertinent part:<br />
(A) As used in this section, "personal identifYing information" includes, but is not limited to, the following: the<br />
name, address, telephone number, driver's license ... of a living or dead individual.<br />
(B) No person, without the express or implied consent of the other person, shall use, obtain, or possess any<br />
personal identifying infonnation of another person with intent to do either of the following:<br />
(2) Represent the other person's personal identifying information as the person's own personal<br />
identifYing infonnation.<br />
(F)<br />
(2) It is an affirmative defense to a charge under division (B), (C), (D), or (E) of this section that either<br />
of the following applies:<br />
20
DIST./BUR.<br />
EXAMINED BY<br />
CLEVELAND DIVISION OF POLICE<br />
CLEVELAND, OHIO<br />
DIVISIONAL INFORMATION<br />
ZONE/UNIT <strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
_________ RANK<br />
FROM Sergeant Charles 1. DePenti #9963 TO Daniel Bemath, Lieutenant<br />
November 24 20 10<br />
SUBJECT Request Departmental Charges to be preferred against Lieutenant Jerome Barrow #8467<br />
COPIES TO Chief s Office, <strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong> files<br />
Page 2 of 5 Pages<br />
(I)<br />
(a) The person or entity using, obtaining, possessing, or creating the personal identifYing<br />
information or permitting it to be used is a law enforcement agency, authorized fraud personnel,<br />
or a representative of or attorney for a law enforcement agency or authorized fraud personnel and<br />
is using, obtaining, possessing, or creating the personal identifYing information or permitting it to<br />
be used, with prior consent given as specified in this division, in a bona fide investigation, an<br />
information security evaluation, a pretext calling evaluation, or a similar matter.<br />
(1) Whoever violates this section is guilty of identity fraud.<br />
(2) Except as otherwise provided in this division or division (1)(3) of this section, identity fraud is a<br />
felony of the fifth degree.<br />
II. ADMINISTRATIVE COMPLIANCE<br />
Rule 2.02: Personnel shall not willfully disobey any rules, regulations, General Police Orders and directives<br />
pertaining to their duties, and shall be held accountable for any action contrary to these instructions.<br />
Specification: Violation of Rule 1.05, et al. Lieutenant Jerome Barrow allowed those under his <strong>com</strong>mand to<br />
violate Ohio Revised Code 2913.49, Identity Fraud.<br />
Rule 2.03: Personnel shall perform all duties required by rules, regulations, general police orders, directives, or<br />
orders of the Division of Police.<br />
Specification: Violation of Rule 1.05, et al. Lieutenant Jerome Barrow allowed those under his <strong>com</strong>mand to<br />
violate Ohio Revised Code 2913.49, Identity Fraud.<br />
Rule 2.04: Personnel shall study all rules, regulations, general police orders and directives pertaining to their<br />
duties, and shall be held accountable for any action contrary to these instructions.<br />
Specification: Violation of Rule 1.05, et al. Lieutenant Jerome Barrow allowed those under his <strong>com</strong>mand to<br />
violate Ohio Revised Code 2913.49, Identity Fraud.<br />
Rule 2.13: The following are additional grounds for disciplining personnel, including removal, in addition to<br />
the grounds stated in Civil Service Commission Rule 9.1 0:<br />
a. In<strong>com</strong>petence<br />
b. Gross neglect of duty<br />
c. Gross immorality<br />
d. Habitual drunkenness<br />
20
CLEVELAND DIVISION OF POLICE<br />
CLEVELAND, OHIO<br />
DIVISIONAL INFORMATION<br />
DIST./BUR. ZONEjUNIT <strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong> November 24 20 10<br />
EXAMINED BY ___________________ RANK 20<br />
FROM Sergeant Charles L. DePenti #9963 TO Daniel Bemath, Lieutenant<br />
SUBJECf Request Departmental Charges to be preferred against Lieutenant Jerome Barrow #8467<br />
COPIES TO Chiefs Office, <strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong> files<br />
Page 4 of 5 Pages<br />
Specification: Violation of Rule 1.05, et al. Lieutenant Jerome Barrow allowed those under his <strong>com</strong>mand to<br />
violate Ohio Revised Code 2913.49, Identity Fraud. This led to a story being aired on WOlO by Ed Gallek.<br />
GPO 1.1.02: Values Mission Statement (in pertinent part)<br />
Integrity: We hold ourselves accountable to the highest standards of moral and ethical conduct, we maintain<br />
public trust by being honest, <strong>com</strong>petent and consistent with our values and actions.<br />
Specification: Violation of Rule 1.05, et al. Lieutenant Jerome Barrow allowed those under his <strong>com</strong>mand to<br />
violate Ohio Revised Code 2913.49, Identity Fraud. This led to a story being aired on WOlO by Ed Gallek.<br />
GPO 1.1.03: Standards of Conduct and Courtesy (in pertinent part)<br />
I. Not engage in any conduct, speech or acts while on or off duty, which would reasonably tend to diminish<br />
the esteem of the Division of Police or its personnel in the eyes of the public (Rule 5.01).<br />
III. Conduct themselves in such a manner as to <strong>com</strong>mand the respect of the public (Rule 5.08).<br />
Specification: Violation of Rule 1.05, et al. Lieutenant Jerome Barrow allowed those under his <strong>com</strong>mand to<br />
violate Ohio Revised Code 2913.49, Identity Fraud. This led to a story being aired on WOlO by Ed Gallek.<br />
I respectfully request charges be preferred against Lieutenant Jerome Barrow #8467 for violations of the<br />
below listed violations of the Rules of The Civil Service Commission:<br />
Rule 9.10 Tenure (in pertinent part)<br />
But any officer or employee in the classified service may be discharged, suspended, or reduced in rank for any<br />
one or more of the following causes:<br />
1. Neglect of Duty<br />
3. In<strong>com</strong>petence or inefficiency in performance of duties.<br />
7. Disorderly, immoral, or unethical conduct while on duty.<br />
18. For other failure of good behavior which is detrimental to the service, or for any other act of<br />
misfeasance, malfeasance, or nonfeasance in office.<br />
Specification: Violation of Rule 1.05, et al. Lieutenant Jerome Barrow allowed those under his <strong>com</strong>mand to<br />
violate Ohio Revised Code 2913.49, Identity Fraud.
CLEVELAND DIVISION OF POLICE<br />
CLEVELAND, OHIO<br />
DIVISIONAL INFORMATION<br />
DIST./BUR. ZONE/UNIT <strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong> November 24 20 10<br />
EXAMINED BY _________________ AANK 20<br />
FROM Sergeant Charles L. DePenti #9963 TO Daniel Bernath, Lieutenant<br />
SUBJEcr Request Departmental Charges to be preferred against Lieutenant Jerome Barrow #8467<br />
COPIES TO Chief s Office, <strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong> files<br />
Page 3 of 5 Pages<br />
e. Failure to obey orders given by proper authority<br />
f. Any other reasonable and just cause<br />
Specification: Violation of Rule 1.05, et al. Lieutenant Jerome Barrow allowed those under his <strong>com</strong>mand to<br />
violate Ohio Revised Code 2913.49, Identity Fraud.<br />
IV. DUTY<br />
Rule 4.12: Personnel shall be considered to be on duty at all times for purposes of discipline.<br />
Specification: Violation of Rule 1.05, et al. Lieutenant Jerome Barrow allowed those under his <strong>com</strong>mand to<br />
violate Ohio Revised Code 2913.49, Identity Fraud.<br />
V. BEHAVIOR<br />
Rule 5.01: Personnel shall not engage in any conduct, speech or acts while on duty, or off duty, which would<br />
reasonably tend to diminish the esteem of the Division ofpolice or its personnel in the eyes of the pUblic.<br />
Specification: Violation of Rule 1.05, et al. Lieutenant Jerome Barrow allowed those under his <strong>com</strong>mand to<br />
violate Ohio Revised Code '2913.49, Identity Fraud. This led to a story being aired on WOIO by Ed Gallek.<br />
Rule 5.08: Personnel shall conduct themselves in such a manner as to <strong>com</strong>mand the respect of the public.<br />
Specification: Violation of Rule 1.05, et al. Lieutenant Jerome Barrow allowed those under his <strong>com</strong>mand to<br />
violate Ohio Revised Code 2913.49, identity Fraud. This led to a story being aired on WOlO by Ed Gallek.<br />
I respectfully request charges be preferred against Lieutenant Jerome Barrow #8467 for violations of the<br />
below listed violations of the <strong>Cleveland</strong> Division of Police's General Police Orders:<br />
GPO 1.1.01: Mission Statement (in pertinent part)<br />
Policy: Members of the Division of Police shall carry out their mission in accordance with the strictest ethical<br />
gnidelines. Division members shall conduct themselves in a manner that fosters public confidence in the<br />
integrity of <strong>Cleveland</strong>'s government, its processes, and its ac<strong>com</strong>plishments. Members of the Division of<br />
Police shall be gnided by the values expressed in the City of <strong>Cleveland</strong> Mission Statement, the City of<br />
<strong>Cleveland</strong> Ethics Policy, and the Division of Police Manual of Rules and Regulations.
CLEVELAND DIVISION OF POLICE<br />
CLEVELAND, OHIO<br />
DIVISIONAL INFORMATION<br />
DIST.jBUR. ------ ZONE/UNIT <strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong> November 24 20 10<br />
EXAMINED BY _________________ AANK 20<br />
FROM Sergeant Charles L. DePenti #9963 TO Daniel Bernath, Lieutenant<br />
SUBJECf Request Departmental Charges to be preferred against Lieutenant Jerome Barrow #8467<br />
COPIES TO Chief s Office, <strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong> files<br />
Page 5 of 5 Pages<br />
Respectfully,<br />
Sergeant Charles L. DePenti #9963
Lt. Barrow failed to monitor members of the Third District Vice <strong>Unit</strong>, allowing them to use confiscated Ohio<br />
priver's Licenses for the purpose of renting vehicles from As shown this practice has<br />
qaused three members of the Vice <strong>Unit</strong> to be violation ofORC 2913.49. Furthermore, these actions have placed<br />
the <strong>Cleveland</strong> Police Covert Car Rental Plan with in jeopardy.<br />
OlC's Signature:<br />
,"'-"
age Lor L<br />
Chief.<br />
If this attachment is correct needs to be reimbursed for the traffic camera ticket ($122.00) and<br />
storage fees by the 3d District. The storage fees have not been forwarded by as of this date. We need<br />
to talk about this.<br />
G.G.<br />
From: Heffernan, Brian<br />
Sent: Tuesday, June 01, 2010 9:35 AM<br />
To: Gingell, Gary<br />
Cc: Sotomayor, John<br />
Subject:<br />
Summary of what is known to date on the problem with the<br />
6/1/2010
On May 10, 2010 received a written <strong>com</strong>plaint from an individual identifying<br />
himself as Jonathon Sledge. Sledge had his personal auto towed. The Impound Lot<br />
would not release the vehicle until Sledge paid an outstanding traffic camera ticket. The<br />
vehicle for which the ticket was issued was owned by Sledge's <strong>com</strong>plaint<br />
was to in that he had not rented a vehicle from. at the time the<br />
camera ticket offense occurred.<br />
Upon receipt of the written <strong>com</strong>plaint looked into the situation and leamed<br />
that the violation took place on 2/6/2010 by the operator of their vehicle with Ohio<br />
License Plate. checked and found that the vehicle was rented by a<br />
male using the name Jonathon Sledge but the vehicle was rented under the <strong>com</strong>pany<br />
name of em is the covert account set up for renting<br />
vehicles by the 3 RD District under the <strong>Cleveland</strong> Police 1 rental<br />
program.<br />
contacted Sgt Sotomayor requesting assistance. Investigation by Sgt<br />
Sotomayor reveals that on three separate occasions a vehicle was rented from the<br />
• office under the <strong>Cleveland</strong> Police covert program. On all three dates<br />
10/20109,2/4/10, and 2/5/10 the detective renting the vehicle used the name Jonathon<br />
Sledge. The undercover <strong>com</strong>pany name listed was which would<br />
normally indicate that a detective from the 3 RD District was the renter. Accordingly it<br />
appears as though someone from the Division of Police used the name Jonathon Sledge to<br />
rent the vehicle and more than likely was the operator at the time the traffic camera<br />
violation took place.<br />
paid the $122.00 traffic camera ticket as their initial investigation showed the<br />
real Jonathon Sledge to be without fault. Additionally, . paid the Impound Lot<br />
fees for the real Jonathon Sledge as his personal vehicle was held at the Impound Lot for<br />
an extended period while the matter was looked into. Consequently is out the<br />
$122.00 paid for the camera ticket, plus the storage fees. Also, the real Jonathon Sledge<br />
has contacted the Better Business Bureau with a <strong>com</strong>plaint against<br />
Additional investigation into this allegation indicates that a 3 RD District Vice Detective<br />
identified as George Redding is possibly the responsible person.<br />
Respectfully request that an investigation at the District level is initiated immediately.<br />
has forwarded copies of the <strong>com</strong>plaint from Sledge along with other<br />
documentation that I will make available. There also need to be a remedy for<br />
initiated immediately as the entire program the Division of Police has set up with<br />
is in jeopardy the way things stand now.
<strong>Cleveland</strong> Division of Police<br />
<strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
Investigative Report<br />
#F003572388. This created a $100 fine to whose records indicated that Jonathan<br />
Sledge rented the vehicle. It eventually became apparent that Sledge did not rent the vehicle, because it<br />
was rented under the with the <strong>Cleveland</strong> Division of Police.<br />
By the time had learned what had occurred, the fine had increased to $122 and<br />
could still rise if further delinquent. On May 10, 2010, paid the fine - Reference<br />
#28529454, and then sought remuneration from the <strong>Cleveland</strong> Division of Police. It was at this time that<br />
the <strong>Cleveland</strong> Division of Police learned that the car was rented under a false identity. On June 1, 2010, a<br />
Cashier's Check was issued to . for $122, as reimbursement for the fine. This check is still<br />
outstanding and is now void due to time limitations on the check.<br />
Interviewed:<br />
6/3012010: Jonathan Sledge via landline (216-326-3494)<br />
7/2/2010:<br />
7/23/2010: Sergeant John Sotomayor #9846, Narcotics <strong>Unit</strong><br />
811912010: <strong>Cleveland</strong> Police Patrolmen's Association Counsel Pat D'Angelo<br />
8/20/2010:<br />
8/26/2010:<br />
912412010: Megan (<strong>Cleveland</strong> Police Credit Union) via landline (216-861-3535)<br />
9127/2010: Paul Reynolds via landline (216-651-6901)<br />
9/27/2010: Branden Bryson (9808 Pratt Avenue, <strong>Cleveland</strong>, Ohio 44105)<br />
Written Statements:<br />
5/10/2010: Mr. Jonathan Sledge, Letter<br />
8/16/2010: Patrol Officer Aaron Pettit #101, Type Orders<br />
8/2112010: Lieutenant Jerome Barrow #8467, Type Orders<br />
8/26/2010: Patrol Officer Kenneth Allen #2449, Type Orders<br />
9/18/2010: Patrol Officer Mister Jackson #874, Type Orders<br />
912112010: Lieutenant Jerome Barrow #8467, Type Orders<br />
11/3/2010: Chief City Prosecutor Victor Perez, Felony-Review Form<br />
1111912010: Detective George Redding #2327, Garrity<br />
11/1912010: Detective Anthony Spencer #936, Garrity<br />
Pertinent Portions of Interviews and Written Statements:<br />
On Monday, May 10, 2010, Mr. Jonathan Sledge wrote a letter regarding the misuse of his identity,<br />
causing a "camera ticket" to be issued to him, and the impounding of one of his vehicles.<br />
On Wednesday, June 30, 2010, I interviewed Mr. Jonathan Sledge via landline (216-326-3494) and<br />
learned that to the best of his knowledge, he has had no interaction with Detective George Redding<br />
#2327. He further stated that he has not given anyone permission to use his identity and that he is not<br />
aware of any criminal activities regarding his identity beyond the scope of this investigation.<br />
lAD Case #2010-061 Administrative Report<br />
Page 2 of 11 pages
<strong>Cleveland</strong> Division of Police<br />
<strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
Investigative Report<br />
On Friday, July 2,2010, I interviewed<br />
He stated that . , will not rent a vehicle unless the renter presents a<br />
driver's license.<br />
On Friday, July 23, 2010, I interviewed Narcotics <strong>Unit</strong> Sergeant John Sotomayor #9846 regarding the<br />
covert rental car program. Sergeant Sotomayor provided me with a cursory explanation of the covert<br />
rental car program and a copy of the City's contract with. and the Narcotics <strong>Unit</strong><br />
Rental Car Policy.<br />
On Monday, August 16,2010, Patrol Officer Aaron Petitt #101 responded to Type Orders regarding his<br />
possession of Jonathan Sledge's identification card (RMS #2009-335784). Officer Petitt's response<br />
included the following:<br />
While assigned to Zone Car 4D23, I had the occasion to arrest Jonathan Sledge for<br />
V.S.D.L., Resisting Arrest and Obstruction ... I somewhat recall the arrest in question 10<br />
months ago. I recall the male reaching several times into the center consul area, him<br />
pushing off of me and fleeing, and him forcing me to use my Taser for my own safety<br />
when he repeatedly reached for his waistband in what I believe was an attempt to retrieve a<br />
weapon. I regret to inform you however that I do not recall the specifics of the situation as<br />
it was not a significant event when <strong>com</strong>pared to his resisting, which ultimately led to a use<br />
of non-deadly force. I have no recollection of keeping the male's ID on my person, and he<br />
was no longer in my presence after the scene was secured as he was transported by a two<br />
man car to CPU where he was booked and housed not in my presence.<br />
At no time do I believe that I would have kept the male's ID on my person for any reason<br />
and not given it back to him and wish that I could be of more assistance in helping him<br />
recover his lost ID.<br />
On Thursday, August 19, 2010, <strong>Cleveland</strong> Police Patrolmen's Association Counsel Pat D'Angelo stated<br />
on behalf of Detective George Redding #2327 he would not be making a Miranda statement.<br />
On Friday, August 20, 2010, while ac<strong>com</strong>panied by Sergeant Rybarczyk, I interviewed<br />
at<br />
-<br />
detailed paperwork regarding rentals made by District 3 Vice.<br />
provided<br />
On Saturday, August 21, 2010, District 3 Vice Lieutenant Jerome Barrow responded to Type Orders.<br />
His response revealed that Detective George Redding #2327 rented vehicles using Jonathan Sledge's<br />
identification. He further stated that Detective Redding used the identification card to remain covert, and<br />
that Detective Redding got the card from the unclaimed identification cards at the district. Detective<br />
Redding still has Sledge's identification card, pending this investigation.<br />
On Thursday, August 26, 2010, I interviewed and<br />
They provided detailed data<br />
regarding the covert rentals made the <strong>Cleveland</strong> Division of Police Narcotics and Vice <strong>Unit</strong>s.<br />
IAU Case #2010-061 Administrative Report<br />
Page 3 of 11 pages
<strong>Cleveland</strong> Division of Police<br />
<strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
Investigative Report<br />
On Thursday, August 26, 2010, Patrol Officer Kenneth Allen #2449 responded to Type Orders regarding<br />
the conveying of Jonathan Sledge in connection with Sledge's arrest by Patrol Officer Pettit. Patrol<br />
Officer Allen stated that he has no recollection of what became of Mr. Sledge's identification card. He<br />
further stated that he was the driver on the date in question and his partner (Patrol Officer Mister Jackson<br />
#874) took care of all the paperwork. Additionally, he does not know if they were ever in possession of<br />
Mr. Sledge's identification card.<br />
On Saturday, September 18, 2010, Patrol Officer Mister Jackson #874 responded to Type Orders<br />
regarding the conveying of Jonathan Sledge in connection with Sledge'S arrest by Patrol Officer Pettit.<br />
Upon reviewing the documents involving that incident, he has no recollection of the incident, and<br />
specifically he does not have any recollection regarding Mr. Sledge's identification.<br />
On Tuesday, September 21,2010, District 3 Lieutenant Jerome Barrow responded to Type Orders. His<br />
response revealed that Detectives George Redding #2327, John Foster #1863 and Anthony Spencer #936<br />
rented vehicles using other people's identification, specifically Jonathan Sledge, Paul Reynolds and<br />
Branden Bryson's. He further stated that the detectives used the identification cards to remain covert, and<br />
that the detectives got the cards from the unclaimed identification cards at the district. Paul Reynolds and<br />
Branden Bryson's identification cards were returned to the unclaimed identification cards at the district.<br />
On Friday, September 24, 2010, I interviewed Megan of the <strong>Cleveland</strong> Police Credit Union. She stated<br />
that the Cashier's Check (092005411/00421 35220926) payable to the order of had not been<br />
cashed.<br />
On Monday, September 27, 2010, I interviewed Paul Reynolds via landline (216-651-6901). He stated<br />
that he has not given anyone permission to use his identity and that he is not aware of any criminal<br />
activities regarding his identity beyond the scope of this investigation.<br />
On Monday, September 27,2010, I interviewed Branden Bryson at 9808 Pratt Avenue. He stated that he<br />
has not given anyone permission to use his identity and that he is not aware of any criminal activities<br />
regarding his identity beyond the scope of this investigation.<br />
On Wednesday, November 3, 2010, Chief City Prosecutor Victor Perez ruled on the criminality of the<br />
incident. He ruled No Papers Issued due to insufficient evidence.<br />
On Friday, November 19, 2010, while ac<strong>com</strong>panied by Sergeant Michael Rybarczyk #9911, I took a<br />
written Garrity statement from Detective George Redding #2327. His statement included the following:<br />
(What form of instruction did you receive regarding the rental of vehicles frorr<br />
as part of the covert rental program?) I was just instructed to rent the cars. I<br />
was given a credit card with a front <strong>com</strong>pany name of to use when<br />
renting vehicles from ". We would have to rent these vehicles while<br />
we were off-duty, because my city start time was 1900 hours and<br />
would close at 1700 hours.<br />
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<strong>Cleveland</strong> Division of Police<br />
<strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
Investigative Report<br />
(Who gave you those instructions?) Lieutenant Barrow.<br />
(Why did you use Jonathan Sledge's driver's license to rent vehicles for the covert rental<br />
program?) To maintain the covertness of my identification - to protect my true identity as<br />
a police officer.<br />
(Did you get permission from Jonathan Sledge to use his driver's license to rent these<br />
vehicles?) No.<br />
(How did you obtain Jonathan Sledge's driver's license?) TIrrough the lost and found at the<br />
front desk at the Third District.<br />
(Under whose authority did you use Jonathan Sledge's driver's license to rent vehicles for<br />
the covert rental program?) No one's. I was under the impression that as a police officer<br />
performing a police function that it was appropriate and legally permissible to do this.<br />
(Was Lieutenant Barrow aware that you had rented vehicles using another's driver's<br />
license?) I am not sure, but we provided the paperwork at the end of the tour of duty.<br />
(Did Lieutenant Barrow suggest you use other people's driver's license to rent vehicles for<br />
the covert rental program?) Not to me.<br />
(Did Lieutenant Barrow order you to stop renting vehicles using another's driver's<br />
license?) We just stopped using the program, he never ordered me to stop using other<br />
people's identification regarding car rentals.<br />
On Friday, November 19, 2010, while ac<strong>com</strong>panied by Sergeant Michael Rybarczyk #9911, I took a<br />
written Garrity statement from Detective Anthony Spencer #936. His statement included the following:<br />
(What form of instruction did you receive regarding the rental of vehicles from<br />
as part of the covert rental program?) There was nothing formal or in writing.<br />
We were prepped that the program would be open to us. There would be one person who<br />
worked at the rental car place who would know who we were. We were told that we were<br />
to rent vehicles fron from the office located<br />
We were asked by Lieutenant Barrow from where we<br />
would like to rent the cars, and that was the office we selected. I do recall that we were<br />
part of a "front" construction <strong>com</strong>pany. We did use some type of credit card to pay.<br />
Lieutenant Barrow gave us our instructions regarding the rentals.<br />
(Why did you use Branden Bryson's driver's license to rent vehicles for the covert rental<br />
program?) Just to have an ID in my hand. I did not trust the employees of"<br />
to know my actual personal information while I was renting a vehicle for covert<br />
operations. When I am undercover I don't want anyone to know who I am.<br />
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Investieative Report<br />
(Did you get permission from Branden Bryson to use his driver's license to rent these<br />
vehicles?) No.<br />
(How did you obtain Branden Bryson's driver's license?) There are always ID cards in the<br />
downstairs office - lost IDs, etc. I just went down there and picked one.<br />
(Under whose authority did you use Branden Bryson's driver's license to rent vehicles for<br />
the covert rental program?) No. I am not sure how we came up with the idea. I was doing<br />
it as a police officer doing a police function. I had used cards from there before when<br />
working under-cover and having to enter clubs. To me, I could have just made up the<br />
name, it would have no difference to me. I did not know that it was against the law.<br />
(Was Lieutenant Barrow aware that you had rented vehicles using another's driver's<br />
license?) I am sure he had to be. I turned the rental paperwork into him, and it had<br />
Branden Bryson's driver's license information and my signature of his name.<br />
(Did Lieutenant Barrow suggest you use other people's driver's license to rent vehicles for<br />
the covert rental program?) I am not sure where it originated from. We thought it was an<br />
OK idea.<br />
(Did Lieutenant Barrow order you to stop renting vehicles using another's driver's<br />
license?) I am going to say that we could not rent vehicles anymore.<br />
Detective John Foster #1863 has been on sick leave since June 7, 2010, and was not scheduled for a<br />
Garrity statement.<br />
Investigation Reveals:<br />
The <strong>Cleveland</strong> Division of Police has a Covert Rental Car policy through This<br />
program is to augment <strong>Cleveland</strong> Division of Police undercover vehicles. These vehicles will be<br />
deployed as surveillance cars only and cannot engage in pursuits or be used as take-down vehicles.<br />
acknowledges and agrees that Division of Police receiving vehicles may use<br />
fictitious names that are agreed to in advance by . and the City of <strong>Cleveland</strong>. The<br />
City of <strong>Cleveland</strong> shall pay for <strong>com</strong>pleting all services required under their<br />
agreement an amount not to exceed $45,000.<br />
Initially, the Covert Rental Car program was used only by the <strong>Cleveland</strong> Division of Police Narcotics<br />
<strong>Unit</strong>. Prior to enactment of the covert rental car policy at the District level, Narcotics <strong>Unit</strong> Sergeant John<br />
Sotomayor forwarded documents regarding the rental agreement and procedures, including the Narcotics<br />
Rental Car Policy. While this policy covers many facets of the procedures regarding the rental vehicles,<br />
it does not address the actual renting of the vehicles, nor the presentation of your own driver's license.<br />
This last fact was addressed by a 1011512009 e-mail from Commander Gingell to the District<br />
Commanders where he states in pertinent part, "They will need to show their drivers license." (Emphasis<br />
added.)<br />
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Page 6 of 11 pages
<strong>Cleveland</strong> Division of Police<br />
<strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
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On Friday, February 5, 2010, Detective George Redding #2327 rented a Chevy HHR bearing Ohio plate<br />
under the <strong>Cleveland</strong> Division of Police's covert car rental program from<br />
'. Detective Redding used Jonathan Sledge's driver's license to rent this<br />
vehicle.<br />
On Saturday, February 6, 2010, the Daily Duty Assignment with the Daily Duty Report for unit 3V82<br />
reveals that Detective David Sims #1577 was operating the Chevy HHR rented under the name of<br />
Jonathan Sledge when that vehicle was issued "Camera" Ticket F003572388 for travelling 47 mph in a 35<br />
mph zone. tracked this ticket to the renter of record for that time, Jonathan Sledge,<br />
and the ticket was subsequently issued to Jonathan Sledge. On April 22, 2010, Jonathan Sledge's 1994<br />
Chrysler Concorde bearing ETH8565 was Process Towed as a Criminal Tool (VIU #2010-06875) in<br />
connection with a Violation of State Drug Law arrest. Mr. Sledge was unable to get the vehicle out of<br />
impound due to the outstanding "Camera" ticket. The <strong>Cleveland</strong> Division of Police Impound <strong>Unit</strong> had the<br />
vehicle scrapped on July 16, 2010.<br />
investigated the matter as it regarded to Jonathan Sledge allegedly renting the<br />
ticketed vehicle and discovered that the vehicle had been rented through an<br />
undercover <strong>com</strong>pany associated with the <strong>Cleveland</strong> Division of Police. On May 10, 2010, Enterprise<br />
. the $122 fine (Reference #28529454) and notified the <strong>Cleveland</strong> Division of Police. On<br />
June I, 2010, the District 3 Vice <strong>Unit</strong> deposited funds for a Cashier's Check (092005411/00421<br />
35220926) for in the amount of $122. Per Megan of the <strong>Cleveland</strong> Police Credit<br />
Union, this check was still outstanding as of September 24, 2010. The check is now void because it was<br />
not presented within 60 days of June I, 2010.<br />
Further investigation has revealed that on October 18, 2009, Jonathan Sledge was arrested by Patrol<br />
Officer Aaron Petitt #101 (RMS #2009-00335784) for Possession of Drugs, Resisting Arrest and<br />
Obstructing Official Business. During the course of this arrest, Patrol Officer Pettit states, "He gave me<br />
his identification, which I returned to my vehicle and checked on my MDT." While attempting to take<br />
Sledge into custody, Sledge resisted arrest and Patrol Officer Petitt was required to use Non-Deadly Force<br />
to affect the arrest. The Property Book maintained by the Central Prison <strong>Unit</strong> for this arrest indicates the<br />
following property for Sledge during his booking (Bag #49548): "$15.00 laces lighter belt ring lottery<br />
ticket." In response to the ID apparently be<strong>com</strong>ing missing while in Patrol Officer Petitt's possession,<br />
Officer Petitt vaguely recalled the event after reviewing the RMS report. He remembered arresting<br />
Sledge for VSDL, Resisting Arrest and Obstruction; he also remembered Sledge reaching into his<br />
waistband, and the need to use Non-Deadly Force (Taser) to take him into custody. He does not recall<br />
keeping the identification card, and knows of no reason why he would have kept it. Officer Petitt further<br />
stated that he was not present when the two-man car (4A38) conveyed Sledge to the Central Prison <strong>Unit</strong><br />
for booking. Patrol Officers Kenneth Allen #2449 and Mister Jackson #874 of Zone Car 4A38 had no<br />
recollection of this incident and have no knowledge of the whereabouts of Jonathan Sledge's driver's<br />
license.<br />
Further review of covert car rentals by the <strong>Cleveland</strong> Division of Police has revealed that Paul Reynolds<br />
and Branden Bryson also had their identification cards used by District 3 Vice.<br />
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<strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
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Per the Type Order response dated August 21, 2010, by District 3 Vice Lieutenant Jerome Barrow #8467,<br />
Detective George Redding #2327 acquired Jonathan Sledge's Drivers License from unclaimed<br />
identification cards at the district. Per Lieutenant Barrow's response, Detective Redding used Sledge's<br />
identification card in an attempt to remain covert when on February 5,2010, he rented a Chevrolet HHR<br />
using the <strong>Cleveland</strong> Division of Police covert rental agreement with -<br />
Per the Type Order response dated September 21, 2010, by District 3 Vice Lieutenant Jerome Barrow<br />
#8467, Detectives George Redding #2327, Jo1m Foster #1863 and Anthony Spencer #936 rented vehicles<br />
using other people's identification, specifically Jonathan Sledge, Paul Reynolds and Branden Bryson's.<br />
He further stated that the Detectives used the identification cards to remain covert, and that detectives got<br />
the cards from the unclaimed identification cards at the district. Paul Reynolds and Branden Bryson's<br />
identification cards were returned to the unclaimed identification cards at the district.<br />
Jonathan Sledge, Paul Reynolds and Branden Bryson have each stated that they had not given anyone<br />
permission to use their identities and that they are not aware of any criminal activities regarding their<br />
identities beyond the scope of this investigation.<br />
Per the written Garrity statements of both Detective George Redding and Anthony Spencer, they used the<br />
others' driver's licenses to protect their own identities in connection with working covert operations.<br />
They further stated that while Lieutenant Barrow did not suggest using others' driver's licenses, he had to<br />
be aware that they had been doing so because they submitted the rental paperwork to Lieutenant Barrow.<br />
Lieutenant Barrow did not instruct either detective to stop using the other's driver's license.<br />
Conclusion:<br />
Examination of all reports and facts herein coincide with the facts determined by this investigation.<br />
Detectives George Redding #2327, Jo1m Foster #1863 and Anthony Spencer #936 of the District 3 Vice<br />
<strong>Unit</strong> used Jonathan Sledge, Paul Reynolds and Branden Bryson's driver's licenses respectively to rent<br />
vehicles through a <strong>Cleveland</strong> Police covert car rental plan established with .<br />
By using other people's driver's licenses and <strong>com</strong>pleting the rental agreement without permission to use<br />
these false identities, Detectives George Redding #2327, Jo1m Foster #1863 and Anthony Spencer #936<br />
each fulfilled the elements of Ohio Revised Code 2913.49, Identity Fraud.<br />
Lieutenant Jerome Barrow #8467 was aware of the detectives using others' driver's licenses and did<br />
nothing to stop it. No other units in the <strong>Cleveland</strong> Division of Police used another's driver's license to<br />
rent a vehicle as part of the covert car rental program.<br />
A result of Detective Redding using Jonathan Sledge's Driver's License, Mr. Sledge was unable to get his<br />
1994 Chrysler Concorde out of <strong>Cleveland</strong> Division of Police Impound, ultimately causing it to be<br />
scrapped.<br />
lAU Case #2010-061 Administrative Report<br />
Page 8 of 11 pages
<strong>Cleveland</strong> Division of Police<br />
<strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
Investigative Report<br />
On August 19,2010, WOlO - Channel 19 news reporter Ed Gallek ran a story regarding the misuse of<br />
Jonathan Sledge's driver's license for the rental of a covert car.<br />
It should be noted that there is no evidence to suggest that the detectives used Jonathan Sledge, Paul<br />
Reynolds or Branden Bryson's identification for any personal gain or nefarious purpose.<br />
Re<strong>com</strong>mendation:<br />
I re<strong>com</strong>mend Administrative Charges be preferred against Lieutenant Jerome Barrow #8467 and<br />
Detectives George Redding #2327, John Foster #1863 and Anthony Spencer #936 regarding the breaches<br />
of conduct as delineated in the Rules of The Civil Service Commission and <strong>Cleveland</strong> Division of Police<br />
General Police Orders and Manual of Rules and Regulations for the Conduct and Discipline of Officers<br />
and Employees.<br />
Manual of Rules and Regulations for the Conduct and Discipline of Officers and Employees:<br />
I. SWORN POLICE RANKS<br />
Rule 1.05 Lieutenant of Police<br />
Lieutenants shall be assigned as officers in charge of sectors, sections, or units within the Division<br />
of Police or such other supervisory duties as the Chief of Police may designate.<br />
They shall be responsible for the discipline of each subordinate under their <strong>com</strong>mand and shall<br />
make frequent inspections of subordinates in regards to their appearance, conduct and<br />
performance in handling <strong>com</strong>plaints and police duties, as well as inspecting equipment and<br />
vehicles assigned to their use.<br />
They shall thoroughly familiarize themselves with all applicable federal statutes, state laws,<br />
municipal ordinances, rules, regulations, general police orders, divisional notices and<br />
memorandums of the Division, and be responsible for their strict observance and enforcement,<br />
causing full <strong>com</strong>pliance by subordinates.<br />
Rule 1.07 Patrol Officer<br />
Patrol officers shall be held responsible for the good order of their assignment and shall be<br />
prepared at all times to inform their superior officers of the conditions of their post, beat, or zone.<br />
They shall be under the immediate supervision of the head of the administrative unit to which<br />
assigned. They shall perform such duties and work such hours as designated by their superior<br />
officer. They shall cooperate with all other personnel in the performance of police duties.<br />
They shall acquire a thorough knowledge of the criminal laws and the rules of evidence so that<br />
they may carry out their duties in an efficient manner.<br />
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II. ADMINISTRATIVE COMPLIANCE<br />
Rule 2.01: Personnel shall not violate any law of the <strong>Unit</strong>ed States, the State of Ohio, Charter<br />
provision or ordinance of the City of <strong>Cleveland</strong>, or neglect to perform any duty required by law,<br />
nor shall they engage in any conduct that would constitute a crime under the laws of the <strong>Unit</strong>ed<br />
States, the State of Ohio, or the Charter provisions or ordioances of the City of <strong>Cleveland</strong>.<br />
Rule 2.02: Personnel shall not willfully disobey any rules, regulations, General Police Orders and<br />
directives pertaining to their duties, and shall be held accountable for any action contrary to these<br />
instructions.<br />
Rule 2.03: Personnel shall perform all duties required by rules, regulations, general police orders,<br />
directives, or orders of the Division of Police.<br />
Rule 2.04: Personnel shall study all rules, regulations, general police orders and directives<br />
pertaioiog to their duties, and shall be held accountable for any action contrary to these<br />
instructions.<br />
Rule 2.13: The following are additional grounds for disciplining personnel, ioc1udiog removal, in<br />
addition to the grounds stated in Civil Service Commission Rille 9.10:<br />
a. In<strong>com</strong>petence<br />
b. Gross neglect of duty<br />
c. Gross immorality<br />
d. Habitual drunkenness<br />
e. Failure to obey orders given by proper authority<br />
f. Any other reasonable and just cause<br />
IV. DUTY<br />
Rule 4.12: Personnel shall be considered to be on duty at all times for purposes of disciplioe.<br />
v. BEHAVIOR<br />
Rule 5.01: Personnel shall not engage in any conduct, speech or acts while on duty, or off duty,<br />
which would reasonably tend to diminish the esteem of the Division of Police or its personnel io<br />
the eyes of the public.<br />
Rule 5.08: Personnel shall conduct themselves in such a manner as to <strong>com</strong>mand the respect of the<br />
public.<br />
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<strong>Cleveland</strong> Division o(Police's General Police Orders:<br />
GPO 1.1.01: Mission Statement (in pertinent part)<br />
Policy: Members of the Division of Police shall carry out their mission in accordance with the<br />
strictest ethical guidelines. Division members shall conduct themselves in a manner that fosters<br />
public confidence in the integrity of <strong>Cleveland</strong>'s government, its processes, and its<br />
ac<strong>com</strong>plishments. Members of the Division of Police shall be guided by the values expressed in<br />
the City of <strong>Cleveland</strong> Mission Statement, the City of <strong>Cleveland</strong> Ethics Policy, and the Division of<br />
Police Manual of Rules and Regulations.<br />
GPO 1.1.02: Values Mission Statement (in pertinent part)<br />
Integrity: We hold ourselves accountable to the highest standards of moral and ethical conduct,<br />
we maintain public trust by being honest, <strong>com</strong>petent and consistent with our values and actions.<br />
GPO 1.1.03: Standards of Conduct and Courtesy (in pertinent part)<br />
I. Not engage in any conduct, speech or acts while on or off duty, which would reasonably<br />
tend to diminish the esteem of the Division of Police or its personnel in the eyes of the<br />
public (Rule 5.01).<br />
III. Conduct themselves in such a manner as to <strong>com</strong>mand the respect of the public (Rule 5.08).<br />
Rules o(The Civil Service Commission:<br />
Rule 9.10 Tenure (in pertinent part)<br />
But any officer or employee in the classified service may be discharged, suspended, or reduced in<br />
rank for anyone or more of the following causes:<br />
1. Neglect of Duty<br />
3. In<strong>com</strong>petence or inefficiency in performance of duties.<br />
7. Disorderly, immoral, or unethical conduct while on duty.<br />
18. For other failure of good behavior which is detrimental to the service, or for any<br />
other act of misfeasance, malfeasance, or nonfeasance in office.<br />
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<strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
Investigative Report<br />
By the time had learned what had occurred, the fine had increased to $122 and<br />
could still rise if further delinquent. On May 10, 2010, paid the fine - Reference<br />
#28529454, and then sought remuneration from the <strong>Cleveland</strong> Division of Police. It was at this time that<br />
the <strong>Cleveland</strong> Division of Police learned that the car was rented under a false identity. On June 1,2'010, a<br />
Cashier's Check was issued to Enterprise for $122, as reimbursement for the fine. This check is still<br />
outstanding and is now void due to time limitations on the check.<br />
Interviewed:<br />
6/30/2010: Jonathan Sledge via landline (216-326-3494)<br />
7/2/2010:<br />
8119/2010: <strong>Cleveland</strong> Police Patrolmen'S Association Counsel Pat D' Angelo<br />
8/20/2010: .<br />
8/26/2010:<br />
9/24/2010: Megan (<strong>Cleveland</strong> Police Credit Union) via landline (216-861-3535)<br />
9/2712010: Paul Reynolds via landline (216-651-6901)<br />
9/27/2010: Branden Bryson (9808 Pratt Avenue, <strong>Cleveland</strong>, Ohio 44105)<br />
Written Statements:<br />
511012010: Mr. Jonathan Sledge, Letter<br />
8/16/2010: Patrol Officer Aaron Pettit #101, Type Orders<br />
8/2112010: Lieutenant Jerome Barrow #8467, Type Orders<br />
8/26/2010: Patrol Officer Kenneth Allen #2449, Type Orders<br />
9/18/2010: Patrol Officer Mister Jackson #874, Type Orders<br />
912112010: Lieutenant Jerome Barrow #8467, Type Orders<br />
Pertinent Portions of Interviews and Written Statements:<br />
On Monday, May 10, 2010, Mr. Jonathan Sledge wrote a letter regarding the misuse of his identity,<br />
causing a "camera ticket" to be issued to him, and the impounding of one of his vehicles.<br />
On Wednesday, June 30, 2010, I interviewed Mr. Jonathan Sledge via landline (216-326-3494) and<br />
learned that to the best of his knowledge, he has had no interaction with Detective George Redding<br />
#2327. He further stated that he has not given anyone permission to use his identity and that he is not<br />
aware of any criminal activities regarding his identity beyond the scope of this investigation.<br />
On Friday, July 2, 2010, I interviewed<br />
. He stated that<br />
driver's license.<br />
will not rent a vehicle unless the renter prest\nts a<br />
On Monday, August 16, 2010, Patrol Officer Aaron Petitt #101 responded to Type Orders regarding his<br />
possession of Jonathan Sledge's identification card (RMS #2009-335784). Officer Petitt's response<br />
included the following:<br />
While assigned to Zone Car 4D23 , I had the occasion to arrest Jonathan Sledge for<br />
V.S.D.L., Resisting Arrest and Obstruction ... I somewhat recall the arrest in question 10<br />
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<strong>Cleveland</strong> Division of Police<br />
<strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
Investigative Report<br />
months ago. I recall the male reaching several times into the center consul area, him<br />
pushing off of me and fleeing, and him forcing me to use my Taser for my own safety<br />
when he repeatedly reached for his waistband in what I believe was an attempt to retrieve a .<br />
weapon. I regret to inform you however that I do not recall the specifics of the situation as<br />
it was not a significant event when <strong>com</strong>pared to his resisting, which ultimately led to a use .<br />
of non-deadly force. I have no recollection of keeping the male's ID on my person, and he<br />
was no longer in my presence after the scene was secured as he was transported by a two<br />
man car to CPU where he was booked and housed not in my presence.<br />
At no time do I believe that I would have kept the male's ID on my person for any reason<br />
and not given it back to him and wish that I could be of more assistance in helping· him<br />
recover his lost ID.<br />
On Thursday, August 19, 2010, <strong>Cleveland</strong> Police Patrolmen's Association Counsel Pat D'Angelo 'Stated<br />
on behalf of Detective George Redding #2327 he would not be making a Miranda statement.<br />
On Friday, August 20, 2010, while ac<strong>com</strong>panied by Sergeant Rybarczyk, I interviewed<br />
Ms. Kaufman provided<br />
detailed paperwork regarding rentals made by District 3 Vice.<br />
On Saturday, August 21, 2010, District 3 Vice Lieutenant Jerome Barrow responded to Type Orders.<br />
His response revealed that Detective George Redding #2327 rented vehicles using Jonathan Slt)dge's<br />
identification. He further stated that Detective Redding used the identification card to remain covert, and<br />
that Detective Redding got the card from the unclaimed identification cards at the district. Detective<br />
Redding still has Sledge's identification card, pending this investigation.<br />
On Thursday, August 26, 2010. I interviewed -<br />
They provided detailed data<br />
regarding the covert rentals made the <strong>Cleveland</strong> Division of Police Narcotics and Vice <strong>Unit</strong>s.<br />
On Thursday, August 26, 2010, Patrol Officer Kenneth Allen #2449 responded to Type Orders regarding<br />
the conveying of Jonathan Sledge in connection with his arrest by Patrol Officer Pettit. Patrol Officer<br />
Allen stated that he has no recollection of what became of Mr. Sledge's identification card. He further<br />
stated that he was the driver on the date in question and his partner (patrol Officer Mister Jackson #874)<br />
took care of all the paperwork. Additionally, he does not know if they were ever in possession of Mr.<br />
Sledge's identification card.<br />
On Saturday, September 18, 2010, Patrol Officer Mister Jackson #874 responded to Type Orders<br />
regarding the conveying of Jonathan Sledge in connection with his arrest by Patrol Officer Pettit. Upon<br />
reviewing the documents involving that incident, he has no recollection of the incident, and specifically<br />
he does not have any recollection regarding Mr. Sledge's identification.<br />
IAU Case #2010-061 Page 3 of 7 pages<br />
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<strong>Cleveland</strong> Division of Police<br />
<strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
Investigative Report<br />
On Tuesday, September 21,2010, District 3 Vice Lieutenant Jerome Barrow responded to Type Orders.<br />
His response revealed that Detectives George Redding #2327, John Foster #1863 and Anthony Spencer<br />
#936 rented vehicles using other people's identification, specifically Jonathan Sledge, Paul Reynolds and<br />
Branden Bryson's. He further stated that the Detectives used the identification card to remain covett, and<br />
that detectives got the cards from the unclaimed identification cards at the district. Paul Reynolds and<br />
Branden Bryson's identification cards were returned to the unclaimed identification cards at the district.<br />
!<br />
On Friday, September 24,2010, I interviewed Megan of the <strong>Cleveland</strong> Police Credit Union. She istated<br />
that the Cashier's Check (092005411/00421 35220926) payable to the order of was still<br />
outstanding.<br />
On Monday, September 27,2010, I interviewed Paul Reynolds via landline (216-651-6901). Hestated<br />
that he has not given anyone permission to use his identity and that he is not aware of any criminal<br />
activities regarding his identity beyond the scope of this investigation.<br />
On Monday, September 27, 2010, I interviewed Branden Bryson at 9808 Pratt Avenue. He stated that he<br />
has not given anyone permission to use his identity and that he is not aware of any criminal activities<br />
regarding his identity beyond the scope of this investigation.<br />
Investigation Reveals:<br />
The <strong>Cleveland</strong> Division of Police has a Covert Rental Car policy through . This<br />
program is to augment <strong>Cleveland</strong> Division of Police undercover vehicles. These vehicles will be<br />
deployed as surveillance cars only and cannot engage in pursuits or be used as take-down vehicles.<br />
acknowledges and agrees that Division of Police receiving vehicles may use<br />
fictitious names that are agreed to in advance by and the City of <strong>Cleveland</strong>.. The<br />
City of <strong>Cleveland</strong> shall pay for <strong>com</strong>pleting all services required under: their<br />
agreement an amount not to exceed $45,000.<br />
Initially, the Covert Rental Car program was used only by the <strong>Cleveland</strong> Division of Police Narcotics<br />
<strong>Unit</strong>. Prior to enactment of the covert rental car policy at the District level, Narcotics <strong>Unit</strong> SergeantJohn<br />
Sotomayor forwarded documents regarding the rental agreement and procedures, including the Nar(:otics<br />
Rental Car Policy. While this policy covers many facets of the procedures regarding the rental vehicles,<br />
it does not address the actual renting of the vehicles, nor the presentation of your own driver's li
<strong>Cleveland</strong> Division of Police<br />
<strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
Investigative Report<br />
Per the Type Order response dated September 21, 2010, by District 3 Vice Lieutenant Jerome Barrow<br />
#8467, Detectives George Redding #2327, John Foster #1863 and Anthony Spencer #936 rented vehicles<br />
using other people's identification, specifically Jonathan Sledge, Paul Reynolds and Branden Bryson's.<br />
He further stated that the Detectives used the identification card to remain covert, and that detectives got<br />
the cards from the unclaimed identification cards at the district. Paul Reynolds and Branden Bryson's<br />
identification cards were returned to the unclaimed identification cards at the district.<br />
Jonathan Sledge, Paul Reynolds and Branden Bryson have each stated that they had not given anyone<br />
permission to use their identities and that they are not aware of any criminal activities regarding their<br />
identities beyond the scope of this investigation.<br />
Ohio Revised Code 2913.49 Identity Fraud states in pertinent part:<br />
(A) As used in this section, "personal identifying information" includes, but is not limited to, the<br />
following: the name, address, telephone number, driver's license ... of a living or dead individual.<br />
(B) No person, without the express or implied consent of the other person, shall use, obtain, or possess<br />
any personal identifying information of another person with intent to do either of the following:<br />
(2) Represent the other person's personal identifYing information as the person's own personal<br />
identifying information.<br />
(F)<br />
(I)<br />
(2) It is an affirmative defense to a charge under division (B), (C), (D), or (E) of this section that<br />
either of the following applies:<br />
(a) The person or entity using, obtaining, possessing, or creating the personal identifYing<br />
information or permitting it to be used is a law enforcement agency, authorized fraud<br />
personnel, or a representative of or attorney for a law enforcement agency or authorized<br />
fraud personnel and is using, obtaining, possessing, or creating the personal identifYing<br />
information or permitting it to be used, with prior consent given as specified in this<br />
division, in a bona fide investigation, an information security evaluation, a pretext calling<br />
evaluation, or a similar matter.<br />
(1) Whoever violates this section is guilty of identity fraud.<br />
(2) Except as otherwise provided in this division or division (I)(3) of this section, identity fraud is<br />
a felony of the fifth degree.<br />
Conclusion:<br />
Detectives George Redding #2327, John Foster #1863 and Anthony Spencer #936 of the District 3 Vice<br />
<strong>Unit</strong> used Jonathan Sledge, Paul Reynolds and Branden Bryson's driver's licenses to rent vehicles<br />
through a <strong>Cleveland</strong> Police covert car rental plan established with<br />
By using other peoples driver's licenses and <strong>com</strong>pleting the rental agreement without permission to use<br />
these false identities, Detectives George Redding #2327, John Foster #1863 and Anthony Spencer #936<br />
each fulfilled the elements of Ohio Revised Code 2913.49 Identity Fraud.<br />
lAU Case #2010-061 Page 6 of7 pages
<strong>Cleveland</strong> Division of Police<br />
<strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
Investi2ative Report<br />
A result of Detective Redding using Jonathan Sledge's Driver's License, Mr. Sledge was unable to get his<br />
1994 Chrysler Concorde out of <strong>Cleveland</strong> Division of Police Impound, ultimately causing it to be<br />
scrapped.<br />
It should be noted that there is no evidence to suggest that the detectives used Jonathan Sledge, Paul<br />
Reynolds or Branden Bryson's identification for any personal gain or nefarious purpose.<br />
Re<strong>com</strong>mendation:<br />
I respectfully re<strong>com</strong>mend this matter be referred for prosecutor review to determine if there is enough<br />
evidence to warrant criminal charges.<br />
Upon <strong>com</strong>pletion of the criminal aspect of this investigation, I respectfully request further investigation be<br />
<strong>com</strong>pleted regarding administrative violations.<br />
"JJtr£,SL _:1---<br />
Sergeant Charles L. DePenti #9963<br />
IAU Case #2010-061 Page 7 of 7 pages
,A t<br />
CLEVELAND DIVISION OF POLICE<br />
<strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong><br />
Date: 8/17/2010<br />
To: Commander Calvin Williams #6111 Assignment: District 3<br />
Investigating Officer: Sergeant Charles L. DePenti #9963 Phone Line: 216-623-5346<br />
Complainant Name: Jonathan Redding Reference #: lAU #2010-061<br />
Sir:<br />
It is respectfully requested that the following officers under your <strong>com</strong>mand <strong>com</strong>ply with the<br />
enclosed order by each submitting a Form-1 report relative to the above matter.<br />
Lieutenant Jerome Barrow #8467<br />
Form-1 reports and originals of the <strong>com</strong>plaint must be returned to the <strong>Internal</strong> Mfairs <strong>Unit</strong><br />
within 72 hours of service on the officer.<br />
Sergeant Charles L. DePenti #996
AGREEMENT<br />
BETWEEN<br />
THE CITY OF CLEVELAND<br />
DEPARTMENT OF PUBliC SAFETY<br />
AND<br />
To provide Rental Cars for the Department of Public Safety<br />
This Agreement is entered into as of this day of<br />
___ -,-__ -" 2009 ("Effective Date"), between the City of <strong>Cleveland</strong> ("City"),<br />
a municipal corporation of the State of Ohio, through its Director of Public Safety<br />
("Director"), under the authority of <strong>Cleveland</strong> Codified Ordinance Section 135.45, and<br />
("Contractor), authorized to do business in Ohio and with principal<br />
offices located at 24690 Sperry Drive, Westlake, OH 44145,<br />
RECITALS:<br />
1. The City desires to rent vehicles on a rotating basis for use by the<br />
Division of Police for special operations for a pilot program.<br />
2. The Contractor is in the vehicle rental business and proposes to<br />
provide City rental vehicles that meet City's needs through its Business Rental<br />
Program.<br />
3. The City finds Contractor's proposal acceptable and desires to hire<br />
Contractor to furnish such services under the terms, conditions and provisions<br />
contained in this Agreement<br />
In consideration of the payment and the mutual promises contained in this<br />
Agreement, the parties agree as follows:<br />
ARTICLE I. SCOPE OF SERVICES<br />
1. By executing this Agreement, the City accepts and Contractor agrees to<br />
provide City on a rotating basis with unlimited rental cars selected by City from
Contractor's offerings for use by Oty's Division of Police for special operations under<br />
the offerings, terms and conditions contained in Contractor's Proposal attached as<br />
Exhibit "A" and expressly incorporated herein.<br />
3. Contractor understands and agrees that any authorized Division of Police<br />
personnel may use any of the rental cars and any one particular car mayor may not<br />
be assigned to anyone particular Officer. Division of Police personnel that receive<br />
vehicles from Contractor shall sign only as needed to acknowledge receipt of vehicle<br />
from Contractor.<br />
3. Contractor shall maintain adequate records of services performed for City<br />
under this Agreement and will <strong>com</strong>ply with all record keeping requirements required<br />
by law or audit standards.<br />
4. Contractor shall submit all reports or records regarding services<br />
performed under this Agreement that are requested by the Director.<br />
5. Contractor shall not perform any services in addition to those stated in<br />
this Agreement without the express prior written approval of the Director, and only<br />
upon certification of funds sufficient to pay for the cost of the additional services.<br />
ARTICLE II. TERM<br />
The term of this Agreement shall begin upon the Effective Date entered<br />
above and shall expire six months later, unless extended by the City or unless sooner<br />
terminated under the provisions of this Agreement, or upon exhaustion of all funds<br />
certified to this Agreement, whichever shall occur first.<br />
ARTICLE III. COMPENSATION<br />
A. The City shall pay Contractor for <strong>com</strong>pleting all services required under<br />
this Agreement an amount not to exceed Forty-Five Thousand Dollars ($45,000.00).<br />
Contractor shall bill City on a monthly basis for services performed and at the rates<br />
contained in Exhibit A. No other charges shall be billed Oty without the Oty's express<br />
written agreement.<br />
38725-1 2
B. The aty shall pay Contractor after the Director approves Contractor's<br />
verified billing. The billing must itemize the services to the date of the billing and<br />
show the total amount of the billing less any prior payments. If the billing is<br />
unacceptable, the City shall inform Contractor why the billing is unacceptable and<br />
what needs to be corrected. Approved billings will be paid by City within 30 days after<br />
receipt. Approval shall not be unreasonably withheld, conditioned, or delayed.<br />
C. No approval given or payment made under this Agreement shall be<br />
conclusive evidence of the acceptance of performance under this Agreement either<br />
wholly or partially, andno payment made under this Agreement shall be construed to<br />
be an acceptance of defident or unsatisfactory work.<br />
ARTICLE lV. ADDITIONAL TERMS AND CONDITIONS<br />
The additional terms and conditions contained in Exhibit.B attached hereto<br />
are I ncorporated herein.<br />
ARnCLEV. RECORDS AND CONFIDENTIAliTY<br />
Contractor shall keep this Agreement, related records, and fictitious name<br />
information confidential and shall not release it to anyone without the prior express<br />
written consent of the City. Contractor shall immediately notify City in writing of any<br />
risk of, impending, or actual breach of confidentiality and fully cooperate with City to<br />
lawfully prevent or rectify any such breach.<br />
ARTICLE VI. CONTRACTOR'S INTERESTS<br />
Contractor states that it presently has no interest and shall not acquire any<br />
interest, direct or indirect, that would conflict in any manner or degree with<br />
performing the services required in this Agreement. Contractor further states that no<br />
person having any such interest shall be employed to perform the services required in<br />
this Agreement.<br />
ARTICLE VII. EQUAL OPPORTUNITY<br />
This Agreement is a "contract," and Contractor is a "contractor" within the<br />
meaning of Chapter 187 .of the Codified Ordinances of <strong>Cleveland</strong>, Ohio 1976 ("C.O.").<br />
During the term of this Agreement, Contractor shall <strong>com</strong>ply with all terms, conditions,<br />
and requirements imposed on a "contractor" in the Equal Opportunity Clause, Section<br />
38725-1 3
187.11(b) e.0., attached as Exhibit "C n and made a part of this Agreement. A copy<br />
of this clause shall be made a part of every subcontract or agreement entered into for<br />
goods or services and shall be binding on all persons, firrns and corporations with<br />
whom Contractor may deal.<br />
ARTICLE VIII. WORKERS' COMPENSATIONiSOCIAL SECURITY ACT<br />
A. Worker.s' Compensation.<br />
Contractor shall, at all times during the term of this Agreement, subscribe to<br />
and <strong>com</strong>ply with the Workers' Compensation Laws of the State of Ohio and pay such<br />
premiums as may be required under these laws and save the City harmless from any<br />
and all liability arising from or under these laws.<br />
B. Independent Contractor.<br />
Contractor is and will remain an independent contractor for all services<br />
performed under this Agreement and shall accept full and exclusive liability for the<br />
payment of any and all contributions or taxes for social security, unemployment<br />
insurance, or old age retirement benefits, penSions, or annuities now imposed or may<br />
later be imposed under any state or federal law that are measured by the wages,<br />
salaries, or other <strong>com</strong>pensation paid to the workers. Contractor shall also obey all<br />
rules and regulations and meet all lawful requirements that are now or may later be<br />
issued or promulgated under these respective laws by any duly authorized state or<br />
federal officials. Contractor shall indemnify and save harmless the City from any such<br />
contributions or taxes or liabilities.<br />
ARTICLE IX. ASSIGNMENT PROHIBITED<br />
Contractor will have the right to assign its interest in this Agreement to any<br />
entity wholly owned or controlled by Contractor or its parent corporation, or to a<br />
successor by merger or consolidation, or to any entity that acquires all or substantially<br />
all of Contractor's assets or stock. Contractor shall promptly give City written notice of<br />
any assignment of interest in this Agreement. . Contractor and its assigns will remain<br />
liable for the performance of the obligations of Contractor pursuant to this Agreement.<br />
Any other assignment will require Oty's consent, which consent will not be<br />
unreasonably withheld, conditioned or delayed.<br />
38725-1 4
ARTICLE X. GOVERNING LAW AND DISPUTES<br />
This Agreement and the rights and obligations of the parties under it, shall be<br />
governed by, and construed according to the laws of the State of Ohio and theClty of<br />
<strong>Cleveland</strong>. The parties shall engage in good faith attempts to resolve any dispute<br />
before any claim or suit arising out of this Agreement may be filed in a court of<br />
<strong>com</strong>petent jurisdiction.<br />
ARTICLE XI. ENTIRE AGREEMENT<br />
This Agreement constitutes the entire agreement of the. parties and is intended<br />
as a <strong>com</strong>plete and exclUSive statement of the promises, representations, negotiations,<br />
discussions, and agreements that have been made in connection with the subject<br />
matter of this Agreement. No modifications or amendment to this Agreement shall be<br />
binding upon the parties unless the same is in writing and signed by both parties to the<br />
Agreement. No other agreement(s) shall be valid to bind City or its employees that<br />
use the cars rented from Contractor under this Agreement.<br />
In the event of any conflict between this Agreement and any Exhibit hereto, the<br />
terms of this Agreement shall govern.<br />
ARTICLE XII. RESPONSIBILITY FOR INJURIES OR DAMAGES<br />
Contractor assumes the risk and responsibility for injuries or damages caused<br />
by or based upon any injury or damages to persons or property arising out of an<br />
error, omission, or negligent act of Contractor. Further, Contractor waives all claims<br />
against City for any damage to or loss of Contractor's vehicles used by City under this<br />
Agreement. This Article shall survive the term of this Agreement.<br />
Except as qualified by the damage waiver included in the rates quoted in<br />
Contractor's Proposal and any other provision of the Proposal (Exhibit "A"), City<br />
assumes the risk and responsibility for injuries or damages to persons or property<br />
caused by City employees using vehicles rented by City under this Agreement<br />
whether the employee uses the vehicles on-duty or off-duty in an authorized or<br />
unauthorized way. This responsibmty extends only to Contractor; no third party<br />
beneficiary is intended or should be construed to exist under or in connection with<br />
this Agreement.<br />
38725-1 5
ARTICLE XIII. SUBCONTRACTING<br />
Contractor shall not subcontract services under this Agreement without the City's<br />
written consent. The giving of any consent to a particular subcontract shall not<br />
dispense with the necessity of obtaining consent to any further or other subcontracts.<br />
Subcontracting, if permitted, shall not relieve Contractor of any of its obligations<br />
under this Agreement. Contractor shall be and remain solely responsible to the City for<br />
the acts or faults of any its subcontractor and of its subcontractor's officers, agents, and<br />
employees, each of whom shall be deemed to be the agent or employee of Contractor<br />
to the extent of its subcontract. Contractor and any subcontractor shall jointly and<br />
severally agree that the City is not obligated to payor to be liable for the payment of<br />
any sums due to any subcontractor.<br />
Nothing in this. Agreement shall be construed to create any third-party<br />
beneficiaries under this Agreement.<br />
ARTICLE XIV. DEFAULT OF CONTRACTOR<br />
Contractor:<br />
38725·J<br />
A. Events of Default Each of the following shall constitute a default by<br />
(1) Contractor be<strong>com</strong>es insolvent, makes a general assignment for the<br />
benefit of creditors, or files a voluntary petition in bankruptcy or<br />
consents to the appointment of a receiver, trustee, or liquidator of all<br />
or substantially all of its property;<br />
(2) By order or decree of a court, Contractor is adjudged bankrupt or<br />
an order is made approving a petition filed by any creditors or, if<br />
Contractor is a corporation, by any of the stockholders of Contractor,<br />
seeking its reorganization or the readjustment of its indebtedness<br />
under the federal bankruptcy laws or any law or statute of the <strong>Unit</strong>ed<br />
States or of any state;<br />
(3) A petition under any part of the federal bankruptcy laws or an<br />
action under any present or future insolvency law or statute is filed<br />
against Contractor and is not dismissed within 30 days after<br />
the filing;<br />
(4) Contractor voluntarily abandons, deserts, vacates, or discontinues<br />
its services required under this Agreement;<br />
6
B.<br />
(5) Contractor fails to pay promptly any monies required under this<br />
Agreement to the City within 10 days after receipt of written<br />
notice given in accordance with Article XV; or<br />
(6) Contractor fails to keep, perform, and observe any of the terms<br />
of this Agreement and this failure continues for a period of<br />
10 days after receipt of notice from the City, except when<br />
. fulfillment of its obligation requires activity over a period of time and<br />
Contractor has <strong>com</strong>menced to perform to the satisfaction of the City<br />
whatever may be required for fulfillment within 5 days after<br />
receipt of notice given in accordance with Article XV and continues<br />
such performance without interruption.<br />
City'S Remedies For Default Upon the happening of anyone or more<br />
of the events set forth in Paragraph A of this Article or upon any other default or breach<br />
of this Agreement, the City may exercise concurrently or successively anyone or more<br />
of the following rights and remedies:<br />
(1) Upon five days' notice, terminate this Agreement;<br />
(2) Without waiving any default, pay any sum required to be paid by<br />
Contractor to others than the City and which Contractor has failed<br />
to pay and perform any obligation required to be performed by<br />
Contractor under this Agreement. Any amounts paid by the City in<br />
fulfilling the obligations of Contractor under this Agreement,<br />
including all interest, costs, damages, attorneys'· fees, and<br />
penalties, shall be repaid by Contractor to the City on demand with<br />
interest at the rate of 12% per annum from the date of such<br />
payment;<br />
(3) Sue for the collection of fees or other amounts for which Contractor<br />
may be in default or for the performance of any other promise or<br />
agreement devolving upon Contractor for performance or damage<br />
therefor, all without terminating this Agreement; and<br />
(4) ExerCise any and all additional rights and remedies that the City<br />
may have at law or in equity.<br />
C. Waiver of Default<br />
No waiver by the City of any of the terms or conditions of this Agreement shall<br />
be considered as a waiver of the term or condition or any other term or condition in this<br />
Agreement. No delay, failure, or omission of the City to exercise any right, power,<br />
38725-1 7
privilege, or option arising from any default or subsequent acceptance of any fee or<br />
payment then or later accrued shall impair or be construed to impair any such right,<br />
power, privilege, or option to waive any such default or relinquishment or acquiescence,<br />
and no notice by the City shall be required to restore or revive any option, right, power,<br />
remedy, or privilege after waiver by the City of default in one or more instances. No<br />
waiver shall be valid against the City unless reduced to writing and signed by an officer<br />
of the City duly empowered to execute same.<br />
ARTICLE XV. TERMINATION OF AGREEMENT<br />
A. Termination of Agreement by City<br />
The City may terminate this Agreement upon five days' notice prior to the next<br />
full month. after occurrence of default, as provided in ArtiCle XIV, or upon written<br />
notice to Contractor when services of Contractor are unsatisfactory in City'S<br />
determination.<br />
B. Termination by Mutual Consent<br />
The City and Contractor may mutually agree to terminate this Agreement in<br />
writing on a date before the expiration of the Term.<br />
ARTICLE XVI. NOTICES AND PAYMENTS<br />
Any payments, notices, consents, or approvals required or permitted under this<br />
Agreement shall be in writing and personally delivered or sent by U.S. first-class mail,<br />
postage prepaid,and shall be deemed to have been served or given when personally<br />
delivered or three days after the notice, consent, or approval has been deposited,<br />
postage prepaid, in a post office, branch post office, or post office box regularly<br />
maintained by the <strong>Unit</strong>ed States Government.<br />
Notices to the City shall be delivered or addressed to:<br />
Director<br />
Department of Public Safety<br />
City of <strong>Cleveland</strong><br />
601 Lakeside Avenue, Room 230<br />
<strong>Cleveland</strong>, Ohio 44114<br />
38725-1<br />
With a copy to: Michael McGrath, Chief<br />
Division of Police<br />
City of <strong>Cleveland</strong><br />
300 Ontario Street<br />
<strong>Cleveland</strong>,OH 44113<br />
8
Notices and payments to Contractor shall be delivered or addressed to;<br />
ARTICLE XVII. OHIO ETHICS AND ELECTION LAWS<br />
Contractor hereby certifies that beginning on the date the contract is awarded<br />
and extending until one year following conclusion of the contract, all persons identified<br />
in Ohio Revised Code Sections 3517.13(1)(3) and 3517.13(J)(3), as applicable, are in<br />
<strong>com</strong>pliance with Ohio Revised Code Sections 3517.13(1)(1) and 3517.13(J)(1).<br />
ARTICLE XVIII. CONSTRUCTION OF AGREEMENT<br />
All terms and words used in this Agreement, regardless of the number and<br />
gender in which they are used, shall be deemed and construed to include any other<br />
number, singular or plural and any other general, masculine, feminine, or neuter, as<br />
the context or sense of this Agreement or any paragraph may require, the same as if<br />
such words have been fully and properly written in number and gender. Contractor<br />
agrees that no representations or warranties of any type shall be binding upon the<br />
. City, unless expressly authorized in writing in this Agreement. The headings of<br />
sections and paragraphs, if any, to the extent used in this Agreement are used for<br />
reference only and in no way define, limit, or describe the scope or intent of any<br />
provision contained in this Agreement. This Agreement may be executed in any<br />
number of counterparts, each of Which, when executed and delivered, shall be<br />
deemed an original, but such counterparts together shall constitute but one and the<br />
same instrument. The following documents are incorporated in and made a part of<br />
. this Agreement:<br />
1. Exhibit "A"- Contractor's Proposal<br />
2. Exhibit "8"- Additional Terms and Conditions<br />
2. Exhibit "C"- Equal Opportunity Clause<br />
3. Exhibit "D"- Non-<strong>com</strong>petitive Bid Statement<br />
38725-1 9
9, Severability. If any provlslon of this· Agreement is determined to be unlawful, contrary 10 pubnc poUcy, void or<br />
unenforceable. all remaining provisions shall continua in full force and effect<br />
10. Llmltatlon of Remedy/No Consequential Damages. If Owner breaches any of Its obligations under this<br />
Agreement and/or If Vehicle has any mechanical failure or other failure not caused by Renter or AAO(s) and If Owner<br />
is liable under applicable Jaw for such breach or Vehk:le failure, Own.,.. sol. liability to Renter and MO(s) and<br />
Renter's and MD(s)' sole remedy Is limited to the substitution of another similar Vehk:le by Owner to Renter and to<br />
recovery by Renter of the pro rata daify rental rate for the period In which Renter or AAO{s) did not have use of<br />
Vehicle or substiMe Vehicle. RENTER AND MO(SI WI>JVE ALL CLAIMS FOR CONSEQUENlIAL, PUNITlVE,<br />
AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVI>JLABLE TO RENTER OR MO(Sl. SUCH<br />
DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO RENTER OR MO(Sl.<br />
11. Optional Damage Waiver<br />
DAMAGE WAIVER IS NOT INSURANCE. THE PURCHASE OF DAMAGE WAIVER IS OPTIONAL AND<br />
NOT REQUIRED IN ORDER TO RENT A VEHICLE.<br />
Renter may purchase optional Damage Waiver (OW) from Owner for an additional fee. If Renter purchases OW,<br />
Owner agrees, subject to the actions that Invalidate OW listed below. to contractually waive Renter's responslbiHty for<br />
all of the cost of damage to. loss or theft of, Vehicle or any part or accessory and rstated costs regardless of fault or<br />
negligence". Notwithstanding anything to the contrary and unless prohibited by law, OW does not apply to lost keys.<br />
key fobs· or transpondem, OW does not apply to damage occurring in Mexico. When deciding whether or not to purchase<br />
OW, you may wish to check with your Insurance representative or aedlt card <strong>com</strong>pany to determine whether, in the event<br />
of damage to, or theft of, Vehicle, you have coverage or protection for such damage or theft and the amount of your<br />
deductible or out-of-pocket risk .<br />
THE FOLLOWING SHALL INVALIDATE DW:<br />
a.lf Vehicle is damaged when used or driven:<br />
(1) by any person other than Renter or .AAO{s) without ONner's prior written consent;<br />
(2) by any person If there Is reasonable evidence the driver was Impaired by the use of alcohol.<br />
narcotlcs.lntc»dcants, or drugs, used with or without a prescription;<br />
(3) by any person <strong>com</strong>mltung a felony or otherwise engaged in. a criminal act<br />
(4) In a rooe or speed contes!;<br />
(5) to tow or push anything;<br />
(6) oulSide the states authorized on Page 1;<br />
(7) under autholity of any license that Is suspended, revoked, Invalid or does not belong to the driver;<br />
(8) to transport persons or property for hire;<br />
(9) In a wanton or reckless manner or if Vehicle is deliberately damaged;<br />
(10) on an unpaved road or off road;<br />
(11) to transport explosives, chemicals, corrosives or other hazardous materials or poUutants of any kind; or<br />
b. if Renter rrllsrepresents facts to Owner pertaining to rental, use, or operation of Vehicle; or<br />
c. If Vehicle's Interior <strong>com</strong>ponents are stofen or damaged when Vehicle Is unlocked or keys are not secured; or<br />
d. if Renter falls or refuses to provide Owner, police, or other authorities with a full report of any aocldent or vandalism<br />
Involving Vehicle or otherwtse falls to cooperate with Owner. pollca. or other authorities In the Investigation<br />
of any accident or vandalism; or<br />
e. "Vehlcl.iS stolen and Renter falls to do any of the following:<br />
(1) return the original Ignition key and Own.fs key tag IdenHfying VeIlk:le;<br />
(2) file a police report within 24 hours after discovering thelheft;<br />
(3) cooperate fully with Owner, police and other authorffies in all matters connected with the Investigation of the theft.<br />
12. Headings. The headings of the numbered paragraphs of this Agreement are for convenience only, are not part of this<br />
Agreement and do not in any way limit. modify or amplify the terms and conditions of this Agreement<br />
13. RelNse of InfOrmation to Third Parties. Renter agrees Owner. may, and Renter expressly authorizes Owner, to<br />
provide infcinnation in Owner's possession about Renter and AAO(s), including but nof limited to such driver's name,<br />
address and driver's license information to: applicable authorities. where solidted; andlor applicable authorities or other<br />
third partles, In connectfon with Owner's enforcement of lis rights under this Agreemenl<br />
b
.**<br />
187.22 Equal Opportunity Clause; Terms in Contracts<br />
"During the performance of this contract, the contractor agrees as follows:<br />
(I) The contractor shall not discriminate against any employee or applicant for employment<br />
because of race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic<br />
group or Vietnam-era or disabled veteran status. The contractor shall take affinnative action to<br />
insure that applicants are employed and that employees are treated during employment without<br />
regard to race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic<br />
group, or Vietnam-era or disabled veteran status. N; used in this chapter, ''treated" means and<br />
includes without limitation the following: recruited, whether by advertising or other means;<br />
<strong>com</strong>pensated, whether in the form of rates of payor other forms of <strong>com</strong>pensation; selected for<br />
training, including apprenticeship, promoted, upgraded, demoted, downgraded, transferred, laid<br />
off and terminated. The contractor agrees to and shall post in conspicuous places, available to<br />
employees and applicants for employment, notices to be provided by the hiring representatives of<br />
the contractor setting forth the provisions of this nondiscrimination clause.<br />
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf<br />
of the contractor, state that the contractor is an equal opportunity employer.<br />
(3) The contractor shall send to each labor union or representative of workers with which he has a<br />
collective bargaining agreement or other contract, or understanding, a notice advising the labor<br />
union or worker's representative of the contractor's <strong>com</strong>mitments under the eqnal opportunity<br />
clause, and shall post copies of the notice in conspicuous places available to employees and<br />
applicants for employment.<br />
(4) It is the policy of the City that local businesses, minority-owned businesses and female-owned<br />
businesses shall have every practicable opportunity to participate in the performance of coutracts<br />
awarded by the City subject to the applicable provisions of the <strong>Cleveland</strong> Area Business Code.<br />
(5) The contractor shall permit access by the Director or his or her designated representative to<br />
any relevant and pertinent reports and documents to verify <strong>com</strong>pliance with the <strong>Cleveland</strong> Area<br />
Business Code, and with the Regulations. All such materials provided to the Director or designee<br />
by the contractor shall be considered confidential.<br />
(6) The contractor will not obstruct or hinder the Director or designee in the fulfillment of the<br />
duties and responsibilities imposed by the <strong>Cleveland</strong> Area Business Code.<br />
(7) The contractor agrees that each subcontract will include this Equal Opportunity Clause, and<br />
the contractor will notify each subcontractor, material supplier and supplier that the subcontractor<br />
must agree to <strong>com</strong>ply with and be subject to all applicable provisions of the <strong>Cleveland</strong> Area<br />
Business Code. The contractor shall take any appropriate action with respect to any subcontractor<br />
as a means of enforcing the provisions of the Code."<br />
(Ord. No. 77-08. Passed 2-4-08. eff. 3-15-08)<br />
EXHIBITC<br />
........ _ .. - .. _ .. - ... _--_._-_. ---------
Lawriter - ORC - 2913.49 Ide''y fraud. Page 1 on<br />
2913.49 Identity fraud.<br />
(A) As used in this section, "personal identifying information" includes, but is not limited to, the<br />
following: the name, address, telephone number, driver's license, driver's license number, <strong>com</strong>mercial<br />
driver's license, <strong>com</strong>mercial driver's license number, state identification card, state identification card<br />
number, social security card, social security number, birth certificate, place of employment, employee<br />
identification number, mother's maiden name, demand deposit account number, savings account<br />
number, money market account number, mutual fund account number, other financial account<br />
number, personal identification number, password, or credit card number of a living or dead individual.<br />
(B) No person, without the express or implied consent of the other person, shall use, obtain, or<br />
possess any personal identifying information of another person with intent to do either of the<br />
following:<br />
(1) Hold the person out to be the other person;<br />
(2) Represent the other person's personal identifying information as the person's own personal<br />
identifying information.<br />
(C) No person shall create, obtain, possess, or use the personal identifying information of any person<br />
with the intent to aid or abet another person in violating division (B) of this section.<br />
(D) No person, with intent to defraud, shall permit another person to use the person's own personal<br />
identifying information.<br />
(E) No person who is permitted to use another person's personal identifying information as described<br />
in division (D) of this section shall use, obtain, or possess the other person's personal identifying<br />
information with intent to defraud any person by doing any act identified in division (B)(l) or (2) of<br />
this section.<br />
(F)(l) It is an affirmative defense to a charge under division (B) of this section that the person using<br />
the personal identifying information is acting in accordance with a legally recognized guardianship or<br />
conservatorship or as a trustee or fiduciary.<br />
(2) It is an affirmative defense to a charge under division (B), (C), (D), or (E) of this section that<br />
either of the following applies:<br />
(a) The person or entity USing, obtaining, possessing, or creating the personal identifying information<br />
or permitting it to be used is a law enforcement agency, authorized fraud personnel, or a<br />
representative of or attorney for a law enforcement agency or authorized fraud personnel and is using,<br />
obtaining, possessing, or creating the personal identifying information or permitting it to be used, with<br />
prior consent given as specified in this division, in a bona fide investigation, an information security<br />
evaluation, a pretext calling evaluation, or a similar matter. The prior consent required under this<br />
division shall be given by the person whose personal identifying information is being used, obtained,<br />
possessed, or created or is being permitted to be used or, if the person whose personal identifying<br />
information is being used, obtained, possessed, or created or is being permitted to be used is<br />
deceased, by that deceased person's executor, or a member of that deceased person's family, or that<br />
deceased person's attorney. The prior consent required under this division may be given orally or in<br />
writing by the person whose personal identifying information is being used, obtained, possessed, or<br />
created or is being permitted to be used or that person's executor, or family member, or attorney.<br />
http://codes.ohio.goY/orc/2913.49 6123/2010
Page 2 of3<br />
(b) The personal identifying information was obtained, possessed, used, created, or permitted to be<br />
used for a lawful purpose, provided that division (F)(2)(b) of this section does not apply if the person<br />
or entity using, obtaining, possessing, or creating the personal identifying information or permitting it<br />
to be used is a law enforcement agency, authorized fraud personnel, or a representative of or attorney<br />
for a law enforcement agency or authorized fraud personnel that is using, obtaining, possessing, or<br />
creating the personnel identifying information or permitting it to be used in an investigation, an<br />
information security evaluation, a pretext calling evaluation, or similar matter.<br />
(G) It is not a defense to a charge under this section that the person whose personal identifying<br />
information was obtained, possessed, used, created, or permitted to be used was deceased at the time<br />
of the offense.<br />
(H)(l) If an offender <strong>com</strong>mits a violation of division (6), (D), or (E) of this section and the violation<br />
occurs as part of a course of conduct involving other violations of division (6), (D), or (E) of this<br />
section or violations of, attempts to violate, conspiracies to violate, or <strong>com</strong>plicity in violations of<br />
division (C) of this section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42,<br />
2913.43, or 2921.13 of the Revised Code, the court, in determining the degree of the offense pursuant<br />
to division (I) of this section, may aggregate all credit, property, or services obtained or sought to be<br />
obtained by the offender and all debts or other legal obligations avoided or sought to be avoided by<br />
the offender in the violations involved in that course of conduct. The course of conduct may involve<br />
one victim or more than one victim.<br />
(2) If an offender <strong>com</strong>mits a violation of division (C) of this section and the violation occurs as part of<br />
a course of conduct involving other violations of division (C) of this section or violations of, attempts to<br />
violate, conspiracies to Violate, or <strong>com</strong>plicity in violations of division (6), (D), or (E) of this section or<br />
section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised<br />
Code, the court, in determining the degree of the offense pursuant to division (I) of this section, may<br />
aggregate all credit, property, or services obtained or sought to be obtained by the person aided or<br />
abetted and all debts or other legal obligations aVOided or sought to be aVOided by the person aided or<br />
abetted in the violations involved in that course of conduct. The course of conduct may involve one<br />
victim or more than one victim.<br />
(1)(1) Whoever violates this section is guilty of identity fraud.<br />
(2) Except as otherwise provided in this division or division (I)(3) of this section, identity fraud is a<br />
felony of the fifth degree. If the value of the credit, property, services, debt, or other legal obligation<br />
involved in the violation or course of conduct is five hundred dollars or more and is less than five<br />
thousand dollars, except as otherwise provided in division (1)(3) of this section, identity fraud is a<br />
felony of the fourth degree. If the value of the credit, property, services, debt, or other legal obligation<br />
involved in the violation or course of conduct is five thousand dollars or more and is less than one<br />
hundred thousand dollars, except as otherwise provided in division (1)(3) of this section, identity fraud<br />
is a felony of the third degree. If the value of the credit, property, services, debt, or other legal<br />
obligation involved in the Violation or course of conduct is one hundred thousand dollars or more,<br />
except as otherwise provided in division (1)(3) of this section, identity fraud is a felony of the second<br />
degree.<br />
(3) If the victim of the offense is an elderly person or disabled adult, a violation of this section is<br />
identity fraud against an elderly person or disabled adult. Except as otherwise provided in this diviSion,<br />
identity fraud against an elderly person or disabled adult is a felony of the fifth degree. If the value of<br />
http://codes.ohio.goy/orc/2913 .49 6/23/2010
Lawriter - ORC - 2913.49 Ide ... y fraud. Page 3 on<br />
the credit, property, services, debt, or other legal obligation involved in the violation or course of<br />
conduct is five hundred dollars or more and is less than five thousand dollars, identity fraud against an<br />
elderly person or disabled adult is a felony of the third degree. If the value of the credit, property,<br />
services, debt, or other legal obligation involved in the violation or course of conduct is five thousand<br />
dollars or more and is less than one hundred thousand dollars, identity fraud against an elderly person<br />
or disabled adult is a felony of the second degree. If the value of the credit, property, services, debt,<br />
or other legal obligation involved in the violation or course of conduct is one hundred thousand dollars<br />
or more, identity fraud against an elderly person or disabled adult is a felony of the first degree.<br />
Effective Date: 09-27-2002; 09-16-2005<br />
http://codes.ohio.gov/orcI2913.49 6/23/2010
3970 747024 10/20/2009 1 0/21/2009 1 59 39.99<br />
39G0180 P REYNOLDS -EXC 3902 268649 10/27/2009 10/28/2009 1 432 56.24<br />
39G0180 BRANDON BRYSON #2 3905 006177 1/5/2010 1/7/2010 2 82 79.98<br />
39G0180 BRANDON BRYSON #2 3905 006178 1/5/2010 1/7/2010 2 92 79.98<br />
39G0180 3902 270611 1/14/2010 1/15/2010 1 63 39.99<br />
39G0180 3902 270613 1/14/2010 1/15/2010 1 129 39.99<br />
39G0180 SLEDGE JOHNSON #2 3905 006624 1/25/2010 01/29/2010 4 165 159.96<br />
39G0180 SLEDGE JOHNSON #2 3905 006625 1/25/2010 1/29/2010 4 144 159.96<br />
39G0180 JONATHAN SLEDGE 3970 748631 214/2010 217/2010 4 100 159.96<br />
39G0180 JONATHAN SLEDGE 3970 748652 215/2010 2/8/2010 3 125 119.97<br />
39G0180 BRAND BRYSONIEXCEL 3970 748809 211212010 2115/2010 3 157 113.97<br />
39G0180 BRAND BRYSON/EXCEL 3970 748810 211212010 2115/2010 3 81 113.97
IN 02: OOPM 1./15/10<br />
OUT 02:02PM 1/1.4/10<br />
UNIT 1<br />
UNIT /I<br />
LIC/I<br />
MODEL<br />
COLOR<br />
IN 242<br />
OUT 113<br />
CLAIM INFO<br />
POL/CLAIM/PO#<br />
INSURED<br />
24-HOUR DAY<br />
LOSS DATE<br />
TSEFT ACCIDENT<br />
TYPE CAR<br />
SHOP<br />
PHONE<br />
NAME<br />
RENTER<br />
SOURCE<br />
CLEVELAND OH 44102-<br />
LOCAL:<br />
(H)<br />
DR. LICENSE XXXX<br />
STATE OH EXPIRE<br />
DOB /62 HT<br />
EYES HAIR<br />
S.S.II<br />
EMPLOYER<br />
BILL TO Y COST #<br />
/10<br />
WT<br />
ADDITIONAL DRIVER<br />
NO OTHER DRIVER PERMITTED<br />
PERMISSION TO LEAVE STATE<br />
YES NO X<br />
CUSTOMER SIGNATURE ON FILE<br />
PAYMENT INFORMATION<br />
AMOUNT PD. BY TYPE DATE AUTH<br />
CLOSED TICKET PAYMENT INFO<br />
CLOSED TICKET PAYMENT INFO<br />
SUMMARY OF CHARGES<br />
DAY = 24 HOUR PERIOD<br />
MILES<br />
NO CHARGE<br />
RENTAL AG;REEMENT<br />
,D270613<br />
PAGli:l OF 1<br />
1 DAYS @ 39.99 39.99<br />
VLF<br />
TOTAL CHARGES<br />
DEPOSITS<br />
REFUND<br />
BILL TO COST<br />
OPENED BY 11246FJ<br />
CLOSED BY 115255Y<br />
.20<br />
40.19<br />
40.19
106
.!<br />
107
Detective George Redding #2327<br />
<strong>Cleveland</strong>, Ohio 44128<br />
Re: Instruction and Counseling<br />
Dear Detective Redding #2327:<br />
May 6, 2011<br />
I had the opportunity to review the fmdings of <strong>Internal</strong> <strong>Affairs</strong> Investigation<br />
<strong>com</strong>plaint 2010-061 and the results of the pre-disciplinary hearing held on<br />
Tuesday, February 03, 2011 involving another member of the Division who was<br />
involved in this same incident. During the course of my review, I determined<br />
that you engaged in inappropriate conduct as it pertained to the rental of vehicles<br />
for undercover operations. Please review General Police Order 1.1.01, 1.1.02<br />
and 1.1.03 as well as Rules 2.02, 2.03,2.04,2.13,4.03,4.12,5.01 and 5.08 of the<br />
Manual of Rules and Regulations. I have attached a copy of the Directives for<br />
your revlew.<br />
Pursuant to the Manual of Rules and Regulations you are personally responsible<br />
for maintaining a current General Police Order notebook. Furthermore, your<br />
Commanding Officer maintains all Divisional directives, which you are obligated<br />
to also know pursuant to the Manual of Rules and Regulations. Please inform<br />
your Commanding Officer, through the chain of <strong>com</strong>mand, if you cannot access<br />
these policies and protocols. If you have any questions, please contact your<br />
immediate supervisor for specific answers about any of the Division's policies<br />
and protocols and their application.<br />
MM:kec:nld<br />
Sincerely,<br />
Enclosure<br />
cc: Hector Cuevas, Deputy Chief of Field Operations<br />
Calvin Williams, Commander, Second District Headquarters<br />
President Stephen Loomis, <strong>Cleveland</strong> Police Patrolmen's Association<br />
Michael McGrath<br />
Chief of Police
Manual of Rules & Regulations for the Conduct and<br />
Discipline of Officers and Employees 2000<br />
II. ADMINISTRATIVE COMPLIANCE<br />
Rule 2.02: Personnel shall not willfully disobey any rules, regulations, general<br />
police orders or directives of the Division of Police, or any lawful<br />
orders, written or oral, issued to them by a superior officer of the<br />
Division of Police.<br />
Rule 2.03: Personnel shall perform all duties required by rules, regulations, general<br />
police orders, directives, or orders of the Division of Police.<br />
Rule 2.04: Personnel shall study all rules, regulations, general police orders and<br />
directives pertaining to their duties, and shall be held accountable for<br />
any action contrary to these instructions.<br />
Rule 2.13: The following are additional grounds for disciplining personnel,<br />
including removal, in addition to the grounds stated in Civil Service<br />
Commission Rule 9.1 0:<br />
IV. DUTY<br />
a. In<strong>com</strong>petence<br />
b. Gross neglect of duty<br />
f. Any other reasonable and just cause<br />
Rule 4.03: Personnel shall give full attention to the performance of their duties.<br />
Rule 4.12: Personnel shall be considered to be on duty at all times for purposes of<br />
discipline.<br />
V. BEHAVIOR<br />
Rule 5.01: Personnel shall not engage in any conduct, speech or acts while on duty,<br />
or off duty, which would reasonably tend to diminish the esteem of the<br />
Division of Police or its personnel in the eyes of the public.<br />
Rule 5.08: Personnel shall conduct themselves in such a manner as to <strong>com</strong>mand the<br />
respect of the public.
Detective Anthony Spencer #936<br />
<strong>Cleveland</strong>, Ohio 44120<br />
Re: Instruction and Counseling<br />
Dear Detective Spencer #936:<br />
May 6, 2011<br />
I had the opportunity to review the fmdings of <strong>Internal</strong> <strong>Affairs</strong> Investigation<br />
<strong>com</strong>plaint 2010-061 and the results of the pre-disciplinary hearing held on<br />
Tuesday, February 03, 2011 involving another member of the Division who was<br />
involved in this same incident. During the course of my review, I determined<br />
that you engaged in inappropriate conduct as it pertained to the rental of vehicles<br />
for undercover operations. Please review General Police Order 1.1.01, 1.1.02<br />
and 1.1.03 as well as Rules 2.02, 2.03, 2.04, 2.13, 4.03, 4.12, 5.01 and 5.08 of the<br />
Manual of Rules and Regulations. I have attached a copy of the Directives for<br />
your reVIew.<br />
Pursuant to the Manual of Rules and Regulations you are personally responsible<br />
for maintaining a current General Police Order notebook. Furthermore; your<br />
Commanding Officer maintains all Divisional directives, which you are obligated<br />
to also know pursuant to the Manual of Rules and Regulations. Please inform<br />
your Commanding Officer, through the chain of <strong>com</strong>mand, if you cannot access<br />
these policies and protocols. If you have any questions, please contact your<br />
immediate supervisor for specific answers about any of the Division's policies<br />
and protocols and their application.<br />
MM:kec:nld<br />
Sincerely,<br />
Enclosure<br />
cc: Hector Cuevas, Deputy Chief of Field Operations<br />
Calvin Williams, Commander, Second District Headquarters<br />
President Stephen Loomis, <strong>Cleveland</strong> Police Patrolmen's Association<br />
Michael McGrath<br />
Chief of Police
Manual of Rules & Regulations for the Conduct and<br />
Discipline of Officers and Employees 2000<br />
II. ADMINISTRATIVE COMPLIANCE<br />
Rule 2.02: Personnel shall not willfully disobey any rules, regulations, general<br />
police orders or directives of the Division of Police, or any lawful<br />
orders, written or oral, issued to them by a superior officer of the<br />
Division of Police.<br />
Rule 2.03: Personnel shall perform all duties required by rules, regulations, general<br />
police orders, directives, or orders of the Division of Police.<br />
Rule 2.04: Personnel shall study all rules, regulations, general police orders and<br />
directives pertaining to their duties, and shall be held accountable for<br />
any action contrary to these instructions.<br />
Rule 2.13: The following are additional grounds for disciplining personnel,<br />
including removal, in addition to the grounds stated in Civil Service<br />
Commission Rule 9.10:<br />
IV. DUTY<br />
a. In<strong>com</strong>petence<br />
b. Gross neglect of duty<br />
f. Any other reasonable and just cause<br />
Rule 4.03: Personnel shall give full attention to the performance of their duties.<br />
Rule 4.12: Personnel shall be considered to be on duty at all times for purposes of<br />
discipline.<br />
V. BEHAVIOR<br />
Rule 5.01: Personnel shall not engage in any conduct, speech or acts while on duty,<br />
or off duty, which would reasonably tend to diminish the esteem of the<br />
Division of Police or its personnel in the eyes of the pUblic.<br />
Rule 5.08: Personnel shall conduct themselves in such a manner as to <strong>com</strong>mand the<br />
respect of the public.
Lieutenant Jerome Barrow #S467<br />
Shaker Hts., Ohio 44120<br />
Dear Lieutenant Barrow #8467:<br />
February 3, 2011<br />
This letter is to advise you (Lieutenant Jerome Barrow #8467) of the result of the<br />
administrative pre-disciplinary hearing you attended on Tuesday, February 2, 2011 in the<br />
conference room of the Chief of Police to address an internal investigation wherein you<br />
were alleged to have engaged in improper procedure:<br />
General Police Order 1.1.01: City of <strong>Cleveland</strong> Mission Statement and Ethics Policy<br />
General Police Order 1.1.02: Values Mission Statement<br />
General Police Order 1.1.03: Standards of Conduct and Courtesy<br />
Manual of Rules & Regulations for the Conduct and Discipline of Officers and<br />
Employees: 1.05,2.02,2.03,2.04,2.13 (a)(b)(f), 4.03, 4.12, 5.01 and 5.0S<br />
Civil Service Commission Rule 9.10 (1)(3)(7) and (IS)<br />
Specification #1: On Wednesday, October 20, 2009, you (Lieutenant Jerome Barrow<br />
#8467) allowed members under your <strong>com</strong>mand to represent another person's personal<br />
identifYing information as the member's own personal identifYing information when they<br />
rented a vehicle from the : under the <strong>Cleveland</strong> Police covert<br />
program.<br />
Specification #2: On Thursday, February 4, 2010, you (Lieutenant Jerome Barrow<br />
#8467) allowed members under your <strong>com</strong>mand to represent another person's personal<br />
identifYing information as the member's own personal identifYing information when they<br />
rented a vehicle from the mder the <strong>Cleveland</strong> Police covert<br />
program.<br />
Specification #3: On Friday, February 5, 2010, you (Lieutenant Jerome Barrow #8467)<br />
allowed members under your <strong>com</strong>mand to represent another person's personal identifYing<br />
information as the member's own personal identifYing information when they rented a<br />
vehicle from the , under the <strong>Cleveland</strong> Police covert program.<br />
All in violation of the rules, regulations and procedures of the Division of Police,<br />
Department of Public Safety.
Lieuteuant Jerome Barrow #8467<br />
February 3, 2011<br />
Page 2 of2<br />
In attendance for the administrative pre-disciplinary conference were you, Acting President<br />
Brian Betley, Acting First Vice President Jerald Zarlenga and Attorney Robert Phillips of<br />
the Fraternal Order of Police, Sergeant Charles DePenti of the <strong>Internal</strong> <strong>Affairs</strong> <strong>Unit</strong>,<br />
Sergeant Keith Campbell of the Case Preparation Office and the Executive Assistant to the<br />
Chief Deputy Chief Timothy Hennessy, who presided over the conference.<br />
Prior to the hearing a mutual agreement was reached between you, your representatives, the<br />
Case Preparation Office and the Hearing Officer that the allegations set forth in the charge<br />
letter would be "Dismissed" with the understanding that you would received a "Non<br />
Disciplinary, Corrective Letter of Re-Instruction."<br />
Therefore, I accept and adopt the settlement reached, dismiss this disciplinary action and I<br />
am issuing you this Non-Disciplinary, Corrective Letter of Re-Instruction. Please<br />
review the above listed Directives and their appendices to ensure that, in the future,<br />
violations of the list Directives do not occur.<br />
Pursuant to the Manual of Rules and Regulations you are personally responsible for<br />
maintaining a current General Police Order notebook. Furthermore, your Commanding<br />
Officer maintains all Divisional directives, which you are obligated to also know pursuant<br />
to the Manual of Rules and Regulations. Please inform your Commanding Officer,<br />
through the chain of <strong>com</strong>mand, if you cannot access these policies and protocols. If you<br />
have any questions, please contact your immediate supervisor for specific answers about<br />
any of the Division's policies and protocols and their application.<br />
This letter is not discipline, and should not be regarded as such.<br />
MM:TH:kec<br />
Sincerely,<br />
Michael McGrath<br />
Chief of Police<br />
cc: Hector Cuevas, Deputy Chief ofField Operations, Division of Police<br />
Timothy Hennessy, Deputy Chief of Administrative Operations<br />
Calvin Williams, Commander, Third District Headquarters<br />
George Seroka, Lieutenant, Officer in Charge, Police Academy<br />
Brian Betley, Acting President, Fraternal Order of Police Lodge #8
Detective John Foster #1863<br />
<strong>Cleveland</strong>, Ohio 44109<br />
Re: Instruction and Counseling<br />
Dear Detective Foster #1863:<br />
May 5, 2011<br />
I had the opportnnity to review the findings of <strong>Internal</strong> <strong>Affairs</strong> Investigation<br />
<strong>com</strong>plaint 2010-061 and the results of the pre-disciplinary hearing held on<br />
Tuesday, February 03, 2011 involving another member of the Division who was<br />
involved in this same incident. During the course of my review, I determined<br />
that you engaged in inappropriate conduct as it pertained to the rental of vehicles<br />
for undercover operations. Please review General Police Order 1.1.01, 1.1.02<br />
and 1.1.03 as well as Rules 2.02, 2.03, 2.04,2.13,4.03,4.12,5.01 and 5.08 of the<br />
Manual of Rules and Regulations. I have attached a copy of the Directives for<br />
your revIew.<br />
Pursuant to the Manual of Rules and Regulations you are personally responsible<br />
for maintaining a current General Police Order notebook. Furthermore, your<br />
Commanding Officer maintains all Divisional directives, which you are obligated<br />
to also know pursuant to the Manual of Rules and Regulations. Please inform<br />
your Commanding Officer, through the chain of <strong>com</strong>mand, if you cannot access<br />
these policies and protocols. If you have any questions, please contact your<br />
immediate supervisor for specific answers about any of the Division's policies<br />
and protocols and their application.<br />
MM:kec:nld<br />
Sincerely,<br />
Enclosure<br />
cc: Hector Cuevas, Deputy Chief of Field Operations<br />
Calvin Williams, Commander, Second District Headquarters<br />
President Stephen Loomis, <strong>Cleveland</strong> Police Patrolmen's Association<br />
Michael McGrath<br />
Chief of Police
Manual of Rules & Regulations for the Conduct and<br />
Discipline of Officers and Employees 2000<br />
II. ADMINISTRATIVE COMPLIANCE<br />
Rule 2.02: Personnel shall not willfully disobey any rules, regulations, general<br />
police orders or directives of the Division of Police, or any lawful<br />
orders, written or oral, issued to them by a superior officer of the<br />
Division of Police.<br />
Rule 2.03: Personnel shall perform all duties required by rules, regulations, general<br />
police orders, directives, or orders of the Division of Police.<br />
Rule 2.04: Personnel shall study all rules, regulations, general police orders and<br />
directives pertaining to their duties, and shall be held accountable for<br />
any action contrary to these instructions.<br />
Rule 2.13: The following are additional grounds for disciplining personnel,<br />
including removal, in addition to the grounds stated in Civil Service<br />
Commission Rule 9.10:<br />
IV. DUTY<br />
a. In<strong>com</strong>petence<br />
b. Gross neglect of duty<br />
f. Any other reasonable and just cause<br />
Rule 4.03: Personnel shall give full attention to the performance of their duties.<br />
Rule 4.12: Personnel shall be considered to be on duty at all times for purposes of<br />
discipline.<br />
V. BEHAVIOR<br />
Rule 5.01: Personnel shall not engage in any conduct, speech or acts while on duty,<br />
or off duty, which would reasonably tend to diminish the esteem of the<br />
Division of Police or its personnel in the eyes of the pUblic.<br />
Rule 5.08: Personnel shall conduct themselves in such a manner as to <strong>com</strong>mand the<br />
respect of the public.