The problems in the Beach Patrol are deep rooted and not simple to correct
Updated November 4, 2011
"Don't piss down my back and tell me it's raining." Actor, John Vernon's character Fletcher -- The Outlaw Josey Wales (1976)
UPDATE - VolusiaExposed.Com understands that it is difficult for many in the public to believe that a law enforcement agency would "fudge" pre-employment background investigations - but in reality it happens all the time - and was expecially happening in Volusia County in the 1990's (the same time frame of the VCBP reorganization). We invite you to review the below 1995 media article regarding how the local State Attorney and FDLE "fudged" a State Attorney Investigator's background investigation.
Okay, VolusiaExposed.Com is "Going to go there !".
We are going to expose the reasons why, in the particular, the Volusia County Beach Patrol division and in general, the entire Volusia County Department of Public Protection, finds themselves with a broken ethical rudder.
For the better part of two years, the citizens of Volusia County have been inundated with media accounts of misconduct coming out of the Volusia County Beach Patrol (VCBP).
The Volusia County Beach Patrol is a division of the Volusia County Department of Public Protection (VCDPP). The VCDPP includes such other divisions as the county jail, the county medical examiner's office, fire services, EVAC, county emergency services and animal control.
The allegations of misconduct pouring out of the VCBP, include criminal allegations of law enforcement officers either having knowledge or actually engaging in sex with underage female lifeguards. Allegations that, while VCBP officer(s) were busy approaching underage girls for sex, the VCBP Assistant Police Chief was busying himself downloading over 12,000 porn images on his county computer. And finally, the newest allegations coming out of the VCBP surrounding Captain Gardner.
Here are some web links in support of the above allegations / problems within the VCBP:
So, how did the VCBP / VCDPP get so lost? We suspect that for the VCBP it started in the mid to late 1990's, when county government decide to restructure the VCBP.
Prior to the restructuring, the VCBP responsibilities were separated under the job classifications of lifeguards and law enforcement officers. It was a rather simple separation of responsibilites, the lifeguards saved lives and the law enforcement officers enforced the laws.
The lifeguards and the law enforcement officers (known as Beach Rangers) both did an excellent job. In fact, the Beach Rangers probably can be accused of doing their job too well.
The Beach Rangers developed the reputation of strictly enforcing the law. This included no alcohol or drugs on the beach and ensuring that the surfers were staying within the surfing zones.
Such strict enforcement of the laws did not play well with many in the surfing community. The Beach Rangers were soon assigned the nick name, by some, as Sand Nazis.
Fortunately for the surfing community, they had a sympathetic ear within county government. Michael Lary, the county Personal Director was a known avid surfer.
Soon, Mike Lary, also known by many in the law enforcement community as "Surfer Dude" or just "Dude", was leading the charge to restructure the VCBP, whereas, both lifeguard and law enforcement duties would be combined into one job description.
Many of the Beach Rangers could not pass the physical requirements of being a lifeguard and were soon reassigned to other law enforcement agencies with Volusia County.
Volusia County proceeded in sending their lifeguards to the law enforcement academy at the local community college.
Mike Lary's dream, of soon having his own "Bay Watch" type beach patrol was quickly on it's way to becoming a reality.
Then - RUH ROH - some problems came to light - many of the lifeguards were having problems passing the intensive background investigation that ALL law enforcement officer MUST pass in order to become sworn officers.
Florida Statute Chapter 943 defines the intensive background investigation all law enforcement applicants must pass prior to being a sworn officer. We invite you to read the below attached Criminal Justice Training and Standard Commission (CJSTC) publication regarding this investigative procedure.
Within Florida Statute 943, an officer candidate must meet the following minimal requirements:
1. Be a least 19 years of age
2. Be a citizen of the United States of America
3. Be a high school graduate
4. Be of good moral character (emphasis added)
So, how did Volusia County handle the background investigation problems attached to their lifeguards? Well, apparently they just decided to ignore the problems, in short they fudged (some might call it - falsified) the background investigations.
In support of this conclusion we present the following examples of problematic background investigations within the VCBP:
Why is Captain Gardner's background investigation missing? Did Officer Shone present both a false social secuity number and educational documents to the county? Was Mr. Shone actually illegally in the country when he was initially hired as a lifeguard by Volusia County?
But, now let's go from the frying pan into the fire. Not only does evidence exist that these back ground investigations were falsified, but it appears that VCDPP's internal affair investigations were also "modified" to comply with the needs and desires of county officials.
In the mid-1990s, the county jail gained a new internal affairs investigator by the name of Kenneth Modzelewski. Mr. Modzelewski had been hired by the county a few years prior to be the Assistant Chief of Police for the Daytona Beach International Airport. However, shortly thereafter, Mr. Modzelewski found himself under some serious allegations. These allegations were filed by a female police officer (Officer Lilyroth) assigned to the Airport Police. Inclusive in these allegations are charges of harassment and racial comments made by Mr. Modzelewski. We invite you to read Officer Lilyroth's allegations - you will note that the EEOC found cause to support the charges against Mr. Modzelewski.
Due to the pending litigation from Officer Lilyroth, Mr. Modzelewski was quickly transferred from the Airport Police, to the County Jail, quickly becoming the jail's new internal affiars investigator. The county ended up paying a financial settlement to Officer Lilyroth.
While Volusia County was still actively attempting to settle the Office Lilyroth allegations, Mr. Modzelewski was assigned to investigate allegations of sexual harassment lodged by a female correctional officer (Officer Esther Reyes) against several male officers / supervisors. We invite you to read the below local media article on the Officer Reyes incident.
Shortly after becoming the jail's internal affairs investigator - the county reorganized several departments by making them divisions under the newly formed Department of Public Protection. Mr. Modzelewski then became the internal affairs investigator for the entire VCDPP.
VolusiaExposed.Com holds the opinion that most, if not all of Mr. Modzelewski's internal investigations, were motivated for agenda based reasons, rather then for investigative reasons. The underage sex scandal in the VCBP being a prime example.
VolusiaExposed.Com questions how Mr. Modzelewski was even selected to be the internal affairs investigator for VCDPP. In 1985, Saint Petersburg Times reporters Lucy Morgan and Jack Reed won the Pulitzer Prize in Investigative Journalism for a series of articles exposing corruption within the Pasco County Sheriff Department.
In the late 1970s and early 1980s, Businessman, John Short was the sheriff in Pasco County, Florida. Sheriff John Short's business partner, Kenneth Modzelewski was his jail director. Captain Joe Donahue was Director Modzelewski's second in command at the Pasco county jail.
In the early 1980s, Captain Joe Donahue was indicted in an FBI probe on charges that he was taking protection money from mob boss Santo Trafficante Jr.. There is a picture in the Saint Petersburg Times of Captain Donahue and Santo Trafficante Jr. handcuffed together. For those that are familiar with the true to life movie titled, "Donnie Brasco" starring Johnny Depp, the corrupt Florida sheriff department in that movie was none other than the Pasco County Sheriff Department.
Captain Donahue worked out a deal with the FBI, he was to testify as to who else was involved in receiving protection money from Mr. Trafficante. Shortly prior to him testifying, Mr. Donahue committed suicide, well at least that was the investigative findings of the sheriff department. Many questioned then and now whether Captain Donahue committed suicide.
For those whom do not appreciate who Santo Trafficante, Jr. was, he was a major mob boss in the 1950s-1980s in Cuba and Florida. When you hear the conspiracy theory that the mafia had President John F. Kennedy assassinated, Santo Trafficante, Jr. is the mobster that is being referred to.
Due in no small part to the Saint Petersburg Times articles on the Pasco County Sheriff Department, Sheriff Short was eventually criminal charged and removed from office by the Florida State Governor. Sheriff Short was never criminal convicted, nor was he ever re-elected as sheriff of Pasco County.
Several of the Saint Petersburg Times articles centered on jail Director Kenneth Modzelewski's alleged misconduct. From running his real estate business from his jail office, to engaging in inappropriate business relationships with jail inmates. There was also allegations of problems within the Pasco County jail, to include, but not limited to, jail officers having sex with female inmates and deputies having prior criminal convictions (poor background investigations - boy doesn't that sound familiar).
Eventually, Mr. Modzelewski resigned due to the attention he was receiving from the Saint Petersburg Times. Mr. Modzelewski even states in his resignation letter that he was inspired to resign due to the newspaper's alleged "harrassing tactics". Interestingly, Mr. Modzelewski's resignation came shortly prior to his business partner, Sheriff John Short's criminal charges.
We hope that this web article, gives you, the Volusia County public some additional insight as to why the VCBP and VCDPP lack the ethical standing and priniciples, that we as the citizenry of Volusia County should be not only entitled to, but also should be demanding from our public officials.