EDITOR'S NOTE: On Feb. 24, Police Chief Buz Dillon reprimanded Police Lt. James Daniels for, Dillon said, making derogatory and untrue statements concerning the Key West Police Dept. in an interview published in the Key West Citizen. Daniels filed a grievance protesting the reprimand. Last Tuesday, Dillon wrote Daniels a two-page letter rejecting the grievance.
On Wednesday morning, a page one article in the Citizen summarized the letter: "Dillon Suggests Officer of the Year Leave Force." Here's the full text of the letter. Decide for yourself what Chief Dillon really told Lt. Daniels.
Lt. Daniels:
I received your grievance yesterday morning on March 6, 2000. I have reviewed your arguments and I have reached my conclusion that they have no merit. The authorization you received from the department's Public Information Officer, Cynthia Edwards, was restricted to your award. You were not authorized to make personal derogatory, non-factual, erroneous and/or untrue statements concerning the Key West Police Department, my administrative staff, or myself.
It has always been the department's position when the Public Information Officer, my representative, authorizes a department member to speak to the media, that the authority is limited to the specific subject matter approved by the Public Information Officer. When the employee comments beyond the authorized subject matter, he or she runs the risk of violating department policy.
In this particular instance, you were not authorized by the Public Information Officer or myself to discuss your personal grievance or the personal grievance of another officer. This is a standard policy used in many departments across the country. It is a typical and an enforced rule by many public authorities. All of my administrative staff concurs with the disciplinary action taken against you in this matter.
Attached you will find a copy of a memorandum issued by Chief John Kirvan when he addressed this issue during his tenure with the Key West Police Department back on Nov. 26, 1997. With your law enforcement experience, I am appalled concerning your behavior and your irresponsible comments.
You, a Lieutenant with the Key West Police Department, should have known, "When a public employee speaks, not as a citizen upon matters of public concern, but instead as an employee upon matters only of personal interest, your speech is not protected by the First Amendment of the Constitution." You, a public employee, may not transform a personal grievance into a matter of public concern by invoking a supposed popular interest in the way public institutions are run.
Your comments concerning the results of the Internal Affairs investigation completed on Sgt. Kathy Daniels were non-factual, erroneous, untruthful or misleading. Sgt. Daniels was given a Letter of Reprimand, for her inappropriate behavior to a subordinate, by (City Manager) Avael. Mr. Avael sustained a charge against Sgt. Daniels. Mr. Avael's letter of reprimand was consistent with the letter of reprimand offered by me to Sgt. Kathy Daniels. She refused to sign my letter, forcing me into an unwanted position to, instead, demote Sgt. Daniels to the rank of officer.
During the grievance procedure with Mr. Avael, a settlement agreement was reached outlining the disciplinary action to be taken against Sgt. Daniels of which I agreed. Sgt. Daniels' disciplinary action also included a letter of apology to the affected officer and the completion of a written draft policy concerning off-duty details.
Your statement, "They're still trying to attack her," again, is non-factual, erroneous or untruthful. Never did the department or I attempt to re-open Sgt. Daniels' case with the State Attorney's Office. Was Sgt. Daniels' case sent for review to the Florida Department of Law Enforcement, Office of Police Standards, in Tallahassee? The answer is Yes. It was sent to Police Standards and, after a brief discussion, they requested a copy of the investigation for review purposes. Does the Key West Police Department de-certify police officers? The answer is No. That authority rests solely with the State of Florida, not the Key West Police Department or myself.
Your statements, "But the department has made it difficult. They said they were short on personnel, so they changed our hours. What's so hard on us is that Kathy's on every night. I'm on midnights and the kids are on days." This statement does not deserve any explanation. It again is not true. Sgt. Kathy Daniels, your wife, does not work every night. She works four days per week and has three days off, just like you.
You're a Lieutenant and, like all Lieutenants, you have the authority to adjust your schedule as long as you work a 40-hour week. You can adjust your hours so that you and Sgt. Daniels have the same days off. I approved this procedure with you and your wife in mind. Scheduling changes were made by then-Acting Capt. Frank Sauer and approved by me.
The supervisor changes, including you and Sgt. Daniels, were based on seniority. You and Sgt. Kathy Daniels have almost 10 years with this department. Several officers and supervisors, in comparison, have many more years with this department. You and Sgt. Daniels fell short on the seniority list. I am not going to make special arrangements for you and Sgt. Daniels because it better fits your personal schedule. I'm not going to insult those who have earned their seniority status unless it is the best thing to do for the Key West Police Department. In this case, it is not the best thing to do for the department.
Lt. Daniels, it is my desire to work with you in the future in the hopes that we can, together, with the help of all the members of the police department, build the Key West Police Department into the finest police department this city, or any other city, has ever seen. Together we can accomplish this foreseeable goal.
I promoted you to Lieutenant and you have a future with this department. However, if you're not happy with the direction that I'm taking this department and do not share the vision and ambitions I and most of the other members of this department have for this department, for the betterment of this city and its citizens, then perhaps you should, as you implied in the article, make your decision to leave the department after you're vested in the retirement system at 10 years. The decision is yours, not mine.
I concur with Capt. T.W. Fortune in his review of your grievance for your letter of reprimand. Your grievance is denied at its final step of the grievance procedure. Your letter of reprimand stands as is and it is justified and appropriate.
Signed: Chief Gordon "Buz" Dillon