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HAAB Minutes 06/14/2001 Hispanic Affairs Advisory Board Minutes June 14, 2001 HISPANIC AFFAIRS ADVISORY BOARD MINUTES OF MEETING of June 14, 2001 PRESENT: ABSENT: Pete Cade, HAAB Member David Correa, HAAB Member Susan Calkins, HAAB Member Frank Loney, HAAB Member Robert Pina, HAAB Member Ramiro Mafialich, Chief Assistant County Attorney and HAAB Staff Liaison Sofia Pagan, HAAB Member Elvin Santiago, HAAB Member Yolanda Cisneros, HAAB Member Also Present: Victor Valdes, Editor, Las Naciones News Officer Oscar Roche Sheriff Don Hunter Eugene Greener, Jr. The June 14, 2001 meeting of the Collier County Hispanic Affairs Advisory Board (HAAB) took place at the Golden Gate Community Center and began at approximately 7: 10 P.M. A quorum of five (5) members was present. A motion was made to approve the April 26, 2001 and May 23, 2001 minutes. The motion was made by Frank Loney. Pete Cade seconded the motion with one correction. Specifically, that Pete was absent at the April 26, meeting. A unanimous vote in favor of approval of both sets of minutes, as corrected, occurred. Additional Alleeations to be Presented bv Victor Valdes Reeardine the Collier County Sheriff's Office Mr. Victor Valdes, Editor, Las Naciones News, addressed the HAAB regarding the Collier County Sheriff's Department. Mr. Valdes commented that Officer Sanders was recently sentenced and he had said that he was not the only one involved. Mr. Valdes said that Sanders also spoke to the sheriff regarding his activities in curtailing drug arrests. Mr. Valdes stated that he had contacted the Florida Governor's Office. He said that he respects the Governor, but the Florida Department of Law Enforcement is "white- washing" the sheriff's misconduct. He said that he could not understand why FDLE had cleared the sheriff of wrongdoing on two previous occasions. He said that the prior investigations were inadequate because only the accused was interviewed and not the accusers or Mr. Valdes' list of witnesses. Mr. Valdes stated that this is not a vendetta. He said he is making these efforts to clear his name and professional reputation as a journalist and because of revelations before Judge Steel from deputies who were convicted. He said that these revelations confirm Mr. Valdes' allegations. Mr. Valdes stated that he is not saying that the sheriff took part in the misconduct. However, he is saying that the sheriff did not pay attention to the Hispanic community. He alleges that some deputies are out of control. He mentions that deputies had cited him for traffic violations which were later determined to be unfounded by the courts. He said that some of the deputies made his life more terrible than he suffered in Cuba, under Castro. This resulted in Mr. Valdes being admitted to the hospital. At this point, Mr. Valdes presented for the record exhibits consisting of letters with the Governor, Naples Daily News articles, and Las Naciones News articles*. Mr. Valdes stated that his allegations go back as early as 1984. He mentioned that he had witnessed six deputies beating a Hispanic man. He said that the missing file on the subject was finally located after 14 years due to his efforts. The sheriff in 1984 was Aubrey Rogers who he says was a "political mentor" of the current sheriff. David Correa pointed out that the Governor's letter stated that FDLE had determined complaints did not present criminal conduct by the sheriff. Mr. Valdes responded that there had been an inadequate investigation by FDLE. Mr. Valdes alleged that the Sheriff's Department hid the document for years. Mr. Valdes stated that he now has adversarial relations with the sheriff, but that previously he had a better relationship with the sheriff. David Correa asked Mr. Valdes if he could resolve the differences with the sheriff. Mr. Valdes stated that this was not possible due to misconduct and mistreatment by the sheriff. He pointed out that he was not accusing the sheriff of corruption. Rather, he is saying that the sheriff is responsible for misconduct of his deputies, ignoring complaints made by Mr. Valdes and the community. As an example, he cited complaints made by community member, Melinda Riddle. Frank Loney also asked at this point whether Mr. Valdes' differences could be worked out with the sheriff. Frank Loney stated that he does not always agree with the sheriff, but maybe Mr. Valdes and the sheriff can come to some understanding. David Correa stated that he did not think that one could properly hold a supervisory officer responsible for all conduct of subordinates. Mr. Valdes retorted that the supervisor should be responsible when, like the sheriff, the supervisor is told of misconduct and ignores the matter. He stated that brutality and corruption by the police force needs to stop. Sheriff Hunter stated that his office had located documents. Mr. Valdes apparently disputes that. Ms. Calkins stated that part of the issue is how complaints are handled by the sheriff. 2 Mr. Valdes stated that he understands that the HAAB does not have the authority to make determinations as to the sheriff's conduct. He referred to news articles about prior efforts in bringing allegations to the sheriff's attention and that the responses of the sheriff recognize that Mr. Valdes is responsible for uncovering those documents. Sheriff Hunter, at this point, addressed the HAAB. Sheriff Hunter stated that he had told Mr. Valdes at the time he took office that he would do whatever he could to deal with any racial issues in the department. He believes that much has been done although perfection has not been obtained. That goal is still being pursued. The sheriff mentioned the case of Mr. Perez in 1984. He said that this matter was investigated by several agencies. No merit was found in the complaint. This occurred under Sheriff Rogers. The sheriff pointed out that his agency must have facts in order to be able to act. Due process is required as to all complaints. The sheriff mentioned in the Perez case, the Captain of the Professional Responsibility Section, Officer Roche of Internal Affairs, found the documents which had not been properly filed. This system has been completely revised. He says that the organization is much better equipped today than it was before. The proof is that a single document was located after several searches. Sheriff Hunter explained that Mr. Perez alleged he was beaten by six deputies. The sheriff stressed that he does not have influence over the state and federal agencies which investigated this matter. The sheriff says that he was embarrassed about the former record keeping system. Now there is a vastly improved record keeping system in place. However, there was no intentional hiding of the file from Mr. Valdes. He said that Mr. Valdes became a complainant and accused the sheriff of tampering with evidence when the documents could not be located. The sheriff stressed that this is not a correct allegation. The main point that the sheriff wanted to establish was that Officer Edison was not apparently involved in the Perez case and that several agencies cleared the sheriff of wrongdoing. This the sheriff said is a good example of the insufficiency of the Valdes' allegations that are ongoing. The sheriff mentioned that knowledge of crimes only can be established in court. He said that it was he the sheriff, not Mr. Valdes, who reopened the Sanders and Edison investigations. The sheriff did not know of crimes by Edison and Sanders. There were 23 investigations, but no criminal violations were established. Frank Loney asked why if there had been so many complaints against certain employees, there had not been management action. The sheriff responded that seven of the 23 investigations of Mr. Edison had occurred in the last group of investigations that the sheriff had opened up. The sheriff then read from prior investigative findings where complaints were not substantiated. Sometimes witnesses were unavailable from the transient area of Immokalee. The sheriff stressed the point that there is no extensive record proving allegations against Edison. He stated that often officers who are active in their duties have complaints filed against them as a tactical maneuver by arrestees. As an example, he mentioned allegations against a particular officer and the officer was cleared of misconduct due to video tape at the time of arrest. The sheriff mentioned that this was similar to the Valdes video situation which is pending in Federal Court. The sheriff went on to add that some complaints are actually filed by the sheriff's office for violations of sheriff's rules of engagement. He stressed that the sheriff does not tolerate 3 misconduct by anyone including, Mr. Edison, but must follow probable cause/due process requirements. The sheriff mentioned that FDLE had investigated the sheriff's agency for two weeks and did many interviews as to the sheriff tolerating Mr. Edison's misconduct. FDLE found, in a letter, no condoning or improper allowing of Edison to violate the law. The sheriff acknowledged that there had been filing system deficiencies. Sheriff Hunter stated that as to the perjury allegation, there is no specific information to support this. The sheriff made a note in a document to get an investigation done. He gave deposition testimony and his lawyers instructed him as their client to be very specific as to questions and answers. The sheriff knew of the FBI investigation, but it had already ended. An investigation does not mean there is a problem since the investigation cleared Edison. The sheriff had run polygraphs on Edison in the past. The sheriff did not ignore Edison issues. The polygraph was to either clear Edison or find the problem. Neither Mr. Valdes or Mr. Lagan had independent evidence of perjury. The sheriff kept the FBI informed as to Edison but a confidential informer of the FBI made Edison aware. Frank Loney asked who is Mr. Lagan. The sheriff stated that Lagan is a political opponent from the last campaign. The sheriff mentioned that he had assisted in the investigation conducted by the FDLE and put the FDLE in touch with all sorts of information. The sheriff stated that he is not guilty of perjury and he only gave truthful answers in his deposition. He says that his attorney was also interviewed. He pointed out that legal counsel routinely advised him not to review files before a deposition and to just answer truthfully. Based upon experience, he would now answer relying on the record. The sheriff commented about the Naples Daily News' article regarding matters in Immokalee. He said that Officer Sanders was not convicted for refusing to enforce gambling laws. Rather, he was convicted of intimidation in taking money from gambling house operators. The sheriff pursued and convicted Sanders as a result of a plea agreement. The sheriff had other proof in the case, but it was not needed to be presented due to the plea arrangement. Regarding his alleged instruction about stopping enforcement efforts, the sheriff referred to the Naples Daily News' article. The sheriff said the problem was that Judge Brousseau had found some of the tactics used in some investigations questionable. Particularly, constitutional search and seizure concerns. The sheriff said he called a meeting to cease the tactics that Judge Brousseau found questionable and the sheriff created a form to confirm consensual searches. He explained how the search and seizure procedures had now been modified. The sheriff asked Mr. Valdes to concede the points he had established as to the Sanders/Brousseau issues. Mr. Valdes said he could not agree at this time pending more information. Sheriff Hunter emphasized that there had been two FDLE investigations (one of which the sheriff had requested) and the sheriff had been cleared of wrongdoing. He said that he made every effort to work with Mr. Valdes and that Mr. Valdes still has an open door offered to him. He mentioned that they had had a positive relationship in the late 80' s and early 90's until the Gomez brother's case. At this point, Mr. Valdes responded that police brutality was suffered by the Gomez brothers and that harassment against him then followed. He said it was ludicrous for him to have been charged for resisting arrest with 4 violence. He also was required by the Judge to wash some patrol cars after conviction. He said that this was an embarrassment for both him and the Sheriff's Department. Sheriff Hunter stated that the Gomez case was available for discussion. He also mentioned that Mr. Valdes' civil suit now caries a perjury allegation against Mr. Valdes raised by a federal judge. Mr. Valdes responded to this that he considered it "unethical" to mention a pending case where the sheriff is involved in the case. He said that this would force him to have to disclose his defense in the case to defend himself. However, Mr. Valdes said he thought he would prevail the perjury case because the video which is involved in that case was altered improperly. He says that he has two laboratories to assist him in the defense of this. He believes that obstruction of justice occurred by the sheriff. The tape was kept for five years by a deputy and not presented in discovery until the trial in court. There was a lack of chain of custody and the tape was altered. He says that the judge only saw three minutes of the video. Mr. Valdes recognizes that it is possible that the sheriff has not been well advised or informed as to these matters. The sheriff states that he has been willing to give Mr. Valdes information, but Mr. Valdes misuses the records to allege that the sheriff is directing efforts against Mr. Valdes and this is not true. Frank Loney mentioned that sometimes citizens take for granted what they have. Frank says he doesn't always agree politically with the sheriff, but he is a friend. He said that having listened to all of this, can we not work out our differences? He said that it is important to listen to both sides. He said his opinion would be to await the outcome of litigation. Other community issues are pending. He asked where are we going with this? He said that we need to look at the positives and negatives of people. There should be a cooling down period and reflection. The sheriff said that he had no problem with that approach. Mr. Valdes responded that Frank Loney is a friend but he is wrong. He said that this is not a personal struggle but rather, a struggle for the community. Frank Loney pointed out that the sheriff had just fired an officer for his conduct. Mr. Pina asked what is Mr. Valdes' goal. Mr. Valdes stated that he is a member of the River Park Justice Coalition. He wants to achieve community goals and that this is not a personal struggle. He said that there had been too many cases of police abuse. He said that he would present evidence at a future forum of both community complaints of police corruption and brutality. David Correa said it was time to wrap up and that he thought that Mr. Valdes should not hold the sheriff responsible for all of these allegations. He said that this matter would need to be concluded after the court case. He pointed out that two investigations cleared the sheriff. Mr. Valdes reminded Mr. Correa there had been inadequate investigations. Mr. Correa stated that he would invite Mr. Valdes back after the trial date. The sheriff mentioned that he was interested in reviewing all complaints. He said that if there is a violation of law, he always includes another agency to help with the review. HAAB Interview of Applicant - Eueene Greener Chairman Correa asked Mr. Greener to give a brief presentation of his background. Mr. Greener stated that he had been a lawyer for 50 years hailing from Tennessee. He 5 mentioned that he had been in Collier County for 12 years and a member of the Florida Bar. He said he had just finished the Naples Leadership Course. He said he wanted to give back to the community and that he likes to work with people. He said that he was interested in the Hispanic community and learned Spanish in Brazil. A motion was made by Frank Loney to recommend that Mr. Greener be appointed to the HAAB. The motion was seconded by Pete Cade. The vote in favor was unanimous. Discussion of Farm Worker Issues Liaison Ramiro Mafialich summarized the farm worker request to the HAAB and the related history. There was a discussion among the members of the farm workers' request and about the impact of the farm worker crisis on the Hispanic community of Immokalee. Frank Loney made a motion to reopen the farm worker issue and request the County Commission and/or Governor to ask for dialogue of the parties as to farm worker wages. Frank Loney reminded the HAAB that one Commissioner had been in favor of an English only rule. He said that showed that it would be difficult to get the support of the County Commissioners to support the farm workers on their concerns. There was a second to Frank Loney's motion by Mr. Pina and Ms. Calkins. The vote in favor of the motion was unanimous. The meeting of the HAAB adjourned at approximately 9:05 p.m. Prepared by: Ramiro Mafialich, Chief Assistant County Attorney and HAAB Staff Liaison Approved by the Hispanic Affairs Advisory Board on thiS:> b ~ay of ..::::r 1I/7 2001. c - - ' ) J){).M4~) Cz~,-. David Correa, Chairman *Not attached to these Minutes is Section B, May 2001, No. 11 issue of Las Naciones News and Section B, June 2001, No. 12 issue of Las Naciones News which were submitted and accepted for the records. Said documents are kept in the main meeting file in the office of the County Attorney. HlRM/HAAB/Minutes 6