Fars re ‘O + FARGO POLICE DEPARTMENT 222 Fourth Street North, Fargo, North Dakota 58102 David E. Todd, Chief of Police gust 7,2017| To: Officer David Boole From: Chie David E. Todd Re: Discipline Determination - Persone! Complain # 2017-004 Ihave careflly considered all of the facts relative to the sutaled personne! compli # 2017-04, dnclading the information you and your atoey provided me forthe pe-determnstion heating and th Tarther information you provided on August 3, 2017. Thad personne follow-up on the information you provided and perform technical esting and further interviews. ‘The following issues weighed heavily in my decision making process ‘+ Intentional and willful decisions to not serve the public by not going to insidentsscenes, not taking reports involving criminal activity or allegations of criminal activity (many of which ae mandated reports) and not collecting evidence, ‘Exhibiting conduct that lacks courtesy, empathy and patience toward the public + Disrespect and discoureous behavior toward members of this department - both in direct ‘comminiaton and intext messages, ‘Complainants, who through multiple interviews maintain Officer David Boeke never came tothe scene of ther incident. ‘+ GPS data recorded though AVL playback that shows Officer David Boolke's squad ca never went to the locations in question on the dates in question. This als includes graphs showing specific ‘connectivity and testing the squad in question, ‘Pursuant to an opea-records request from Oicer David Boelke’s attomey, raw data containing ata-oints inserted ino a separate program that pots out locations/mapping, which confirms the (GPS data showing Officer David Boelke's squad car never went to the locations in question on the ates in question, ‘Officer David Boeke and his atiomey provided information calling GPS data into question vie published articles and statements from some users, but do not provide any information the GPS ata fr this specific squed car was inaccurate onthe dates and times in question. ‘© Officer David Boetke and his ttomey provided a polygraph regarding three questions with conclusion Officer David Boelke is being truthful and the difering opinions regarding the validity ofthe test. also took Officer David Boele's dssplinary history into consideration, which consisted ofthe following. ‘+ 1A 2004.004 (Response to Resistance violation; n-custdy treatment) Disposition was exonerated with verbal consultation ‘+ 14 2009.017 (Rules of Conduet—missing court) Disposition was sustained ~ Letter of Consultation ‘+ 14 2015.001 (Rules of Conduct failed to report for dty/TTV det) Disposition was sustained ~ Letter of Consultation ‘+ 14 2017-004 (Rules of Conduet— work performance) Disposition was sustained ~ pending discipline (his current issue) ADMINISTRATION INVESTIGATIONS, RECORDS NON EMERGENCY Phone: 701-241-1497 Phone: 701-241-1405 Phone: 701-241-1430 Phone: 701-285-1498 Fax: 701-207-7789) Fax 701-241-1407 Fx: 701-261-8972, ‘wwwefargopolice.com‘+ 14 2017-005 (Rules of Conduct ~ misconduct in briefing) Disposition was sutined ~ Letter of Reprimand [As the Chief of Police, 1 am responsible for police services delivered to our community members. have 2 duty to make sure services are delivered in professional, courteous and empathetic manner by police officers with intgrity who ate trusted by their community. T owe it tothe community to uphold the standards of professional service, trust and transparency and owe that duty to fellow officers ~ whose Feputatons are affected bythe actions of someone not living upto those standards Inmy review, the investigation by Segeant Jared Crane was thorough and complete. The recommendations by the command officers provide appropriate rationale. Based onthe information provided and the stat of the issues denied an sustained in the complaint I have decided wo impose the following dsepline: ‘+ Termination from the position of police officer — effective immediataly Hiuman Resources and Deputy Chief loseph Anderson will verse your out processing as an employee of the City of Fargo and the police department. ‘You must surender your City of Farg identification card, keylacces cards uniforms, weapons and duty belt, badges, equipment and any other Fargo Police Department property in your possesion. ‘Your final paycheck willbe issued on August 18 (payéay following pay perio in which lst hours were worked). Your acerued annual leave willbe paid o You in your final check. ‘A packet of information willbe mailed to your home address. This packet includes information on your benefits including your option for continuation of your heath and dental insurance. If you have any (questions, or would lke to schedule an ext interview to go over your benefits wih a representative from Human Resources, pease call 701-241-1321 ‘You and your family have the continued benefit ofthe Employee Assistance Program (EAP) through the Village Business Institut fora least 90 days following the end of your employment. You ean access EAP services by calling 1-800-627-8220. Also attached to this letter is a copy of the City of Fargo’s Personnel Policy # 300-008A entitled, Disciplinary Action Appeal Hearing Procedures. Please review this information and contact ether Human Resources or myself if you have any questions. Ce: Deputy Chief Joseph Anderson Deputy Chiet Ross Renner Lieutenant William Ahifelde HLR Director il Minete Personnel Complaint File #2017 004 Personne! file Employee signature acknowledging receipt of this fete and policy #300-008A,CITY OF FARGO CIVIL SERVICE COMMISSION DISCIPLINARY ACTION APPEAL HEARING PROCEDURES POLICY #300-008A, Revised July, 1995 ‘The City of Fargo has adopted civil service system by the passage of Chapter 7 ofthe Fargo Municipal Code. Section 7-0305 (D) specifies the disciplinary procedure and hearing processes tobe followed for suspension, demotion or discharge ‘While the power of disciplinary action and/or discharge rests with the appointing authority, the role ‘ofthe Civil Service Commision inthe hearing process is o ensure tht such disciplinary actions ‘are not motivated by politcal or other improper consideration. Inan effort to ensure faimess, equity and the appropriate hearing ofall cases of disciplinary appeals, the following hearing procedures have been developed: RIGH NSH A. EMPLOYEE: 1. Any employee or ofc nthe cv service who has completed the probationary period may be suspended, removed, demoted or discharged for cause. Written notice which includes the reasons fr such ation shall be provided tothe employee. Within five (8) business days of receipt of such notice, the employee may petition the Civil Service ‘Commission in writing fora hearing. ‘The Commission, aller having received suc petition, shall seta dat for hearing or investigation no les than 3 days, nor more than 30 days afer the date which the employee received noice ofthe proposed disciplinary ation, ‘The employee or hisher representative, must provide the following writen information to the Human Resource Office no less than 3 calendar days prior to the hearing date: Summary ofthe issue(sction proposed. Response to the issue(s)action proposed, Statement of proposed remedy. Lis of witnesses that wl est. Submision of any documents being presented as evidence, with each document labeled inthe upper righthand comer ("Exhibit A", "Exhibit BY, et.) ‘The Human Resource Office will distribute all materials to the Civil Service Commission. (Continued)Page? Policy 300-0084. B. EMPLOYER (Appointing Authority): |. Any disciplinary action tobe taken must follow rules of notiation as stated in seton 7- (0305 (D) ofthe Fargo Municipal Code, and all applicable policies. 2, Should the employee exercise hisher right to review by the Civil Service Commission, the appointing authority or histher representative must provide he following writen informatio tthe Human Resource office no less than 3 calendar days rir tothe hewing dat: Summary ofthe isue(sction proposed List of witnesses that will testify Submission of any documents being presented as evidence, wth each document labeled inthe upper right hand comer ("Exhibit 1", "Exhibit 2", et). ‘The Human Resource Office will distribute all materials tothe Civil Service Commission. 1, HEARING PROCEDURES: ‘Both partis (appointing authority and aggrieved party) may exercise the right to have representation a the hearing. The Commission wold like to have al pais speak personaly to te issue(s), but conferring with representatives i allowed at al times. Panties andor thet representatives will not be abe o directly question witnesses. 2. Format: ‘Opening statement by employeerepresentative Opening statement by appointing authority/epresentative, Employee witnesses (if any) Appointing authority winesses fan). ‘Commission questions of employcefemplayce witnesses Commission questions of appointing suthortyappointing authority witnesses. Final statement by employee. Final statement by appointing authority. eer ‘Written information pertinent to the mater being heard shal be provided by both partes at est 3 ays prior othe hearing date, UL FINDINGS & CONCLUSIONS: ‘The Civil Service Commission wil consider al writen documentation and oal testimony, and will make a determination as to whether or not disciplinary action was taken for cause. writen ‘Satement ofthe findings and conclusions will be issued within 30 days ofthe hearing,