Orange City officer won’t quit; police probe continues

BEACON PHOTO/JEN HORTON
Orange City Police Department

By Jennifer Horton
BEACON STAFF WRITER

posted Feb 4, 2010 - 10:34:11am

Orange City’s investigation of its Police Department is more than 2 months old, and it now looks as if the probe will continue a while longer.

Orange City attorney Gary Glassman said Feb. 3 that an employment-separation agreement that would have ended the investigation has been revoked by the employee.

Citing the “police officers’ bill of rights” in Chapter 112 of the Florida Statutes, Glassman would not identify the employee. The deal, according to the city’s attorneys, would have paid the person $25,000 in exchange for a promise not to sue Orange City.

The agreement was signed Jan. 27, triggering a seven-day waiting period. During that waiting period, the employee changed his mind, Glassman said, meaning the investigation continues.

The Beacon is continuing its effort to obtain a copy of the separation agreement and other Orange City public records. At press time, the newspaper was preparing to file suit to force Orange City to release the documents.

Glassman and City Attorney William Reischmann have refused to release the separation agreement — and other city documents — saying that to do so would violate a Chapter 112 prohibition against releasing details of ongoing investigations of police officers.

Chapter 112 prohibits city officials from divulging information obtained “pursuant to” the investigation of a police officer, until the investigation is over.

Members of the Orange City Council will likewise not discuss the investigation. Some council members have said not only are they not able to speak freely, but they are as in the dark as everybody else.

Problems in the Orange City Police Department came to light in late November, after a complaint about the actions of Lt. Gregory Melvin, signed by 20 Orange City officers, was made public.

It’s unclear when the actual investigation started.

(Read the Beacon editorial "How long, Orange City?")

On Jan. 27, interim Orange City Manager Chester Murray said he thought the Police Department investigation had begun Dec. 3. The attorney currently conducting the investigation signed a contract for the work on Jan. 15.

The Orange City Council was told at its Dec. 8 meeting that every complaint against a police officer is taken seriously, and immediately investigated.

In other meetings, the council was told city officials had searched diligently for an organization or another police agency to conduct the investigation, to no avail.

On Jan. 8, the city contracted with private investigator Gilbert Chappell to do the work. Chappell ended up not doing the investigation, and nobody will comment on why.

On Jan. 15, Virginia Cassady of Shepard, Smith & Cassady, P.A., of Maitland, who has worked previously as an associate city attorney for Orange City, contracted to perform the investigation. She will charge $150 an hour to investigate, review documents, and prepare a report, her contract says.

DeLand Police Chief Ed Overman agreed to describe the procedure used in DeLand when a formal complaint is filed against a police officer.

The complaint is turned over to the officer’s supervisor, who conducts an investigation.

If the complaint is found to be without merit, a letter goes out to the person who made the complaint, advising the outcome of the investigation.

If the complaint does have merit, the officer is disciplined, and the reporting party is notified, Overman said.

An investigation is immediately triggered when a civilian or another officer complains.

“We usually finish within two or three weeks,” Overman said. “A major investigation could take longer.”

Mike Morrison, public-information officer with the Florida Department of Law Enforcement (FDLE), said Orange City had not contacted his agency about the current investigation.

Morrison said an anonymous complaint against Melvin was filed with the FDLE in November 2008.

In that case, Orange City’s city manager told the FDLE the matter had been discussed with the mayor. The FDLE closed the case, because it had been handled within the city administration.

There have been no complaints filed regarding the City of Orange City in 2009 or 2010, Morrison said.

Morrison said for noncriminal matters, police agencies are advised to conduct their own internal investigations.

The results of those internal investigations then go to the Criminal Justice Standards & Training Commission, which is staffed by FDLE employees. The commission determines if further action is needed.

— jen@beacononlinenews.com

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