VOLUSIA EXPOSED.COM

THE VOLUSIA COUNTY DIVISION OF CORRECTIONS admits to having no developed internal affairs policy - how is that possible?

Updated March 2010

“Is it less dishonest to do what is wrong because it is not expressly prohibited by written law? Let us hope our moral principles are not yet in that stage of degeneracy.”- Thomas Jefferson



PLEASE TAKE THE TIME TO READ THE TWO QUOTED LAWS FROM FLORIDA STATE STATUTES.

F.S.112.533(1)(a) - Every law enforcement agency and correctional agency shall establish and put into operation a system for the receipt, investigation, and determination of complaints received by such agency from any person, which shall be the procedure for investigating a complaint against a law enforcement and correctional officer and for determining whether to proceed with disciplinary action or to file disciplinary charges, notwithstanding any other law or ordinance to the contrary. When law enforcement or correctional agency personnel assigned the responsibility of investigating the complaint prepare an investigative report or summary, regardless of form, the person preparing the report shall, at the time the report is completed:
1. Verify pursuant to s. 92.525 that the contents of the report are true and accurate based upon the person's personal knowledge, information, and belief.

2. Include the following statement, sworn and subscribed to pursuant to s. 92.525: "I, the undersigned, do hereby swear, under penalty of perjury, that, to the best of my personal knowledge, information, and belief, I have not knowingly or willfully deprived, or allowed another to deprive, the subject of the investigation of any of the rights contained in ss. 112.532 and 112.533, Florida Statutes."


F.S. 943.1395(5) - The employing agency must conduct an internal investigation if it has cause to suspect that an officer is not in compliance with, or has failed to maintain compliance with, s. 943.13(4) or (7). If an officer is not in compliance with, or has failed to maintain compliance with, s. 943.13(4) or (7), the employing agency must submit the investigative findings and supporting information and documentation to the commission in accordance with rules adopted by the commission. The commission may inspect and copy an employing agency's records to ensure compliance with this subsection.



It appears clear that since the Volusia County Division of Corrections is a correctional agency within the State of Florida it should have a developed and established procedural system / policy to investigate complaints against correctional officers. VCDC does have a policy and procedure manual in effect that details many functions of the jail. This policy and procedure manual is so detailed that it apparently even has a procedure on how to properly take out the trash. Then why has the county apparently admitted that VCDC does not have any policies / procedures on how to properly investigate complaints filed on their correctional staff? The reader is invited to read the following documents, so that he / she can draw their own conclusions of what is happening here.

The following documents centers around the case of Sgt. John Bandorf. In late 2003 and early 2004 this officer was placed under numerous internal affairs investigations within the VCDC. This page will only use the Bandorf matter to stress certain apparent points. The Bandorf matter will be further reviewed in more detail on the "Officer Retaliation" page of this site.

The following is an August 24, 2007 email from an Assistant County Attorney in response to an inquiry into how the Bandorf investigations were handled by VCDC. Note that this attorney appears to openly admit that VCDC never initiated an internal affairs investigation in reference to case # 2004-05-162. Why not? Apparently, VCDC suspected a moral character violation against Sgt. Bandorf, thus the rationale for assigning the Internal Affairs Case number. Doesn't F.S. 943.1395(5) require VCDC to conduct an internal affairs investigation should they suspect non compliance with the moral character requires of F.S. 943.13?

Next, it appears that the Assistant County Attorney is admitting that VCDC has no formal internal affairs policies.? How is that possible? Doesn't Florida Statute require this formal system?



Further, the Assistant County Attorney appears to state that Sgt. Bandorf "resigned in lieu of termination". Interesting, since we have obtained this officer's CJSTC 61 Record of Separation form, filed by VCDC in April 2006, from the Florida Department of Law Enforcement. This form appears to indicate that Sgt. Bandorf "retired, not involving misconduct".



Another interesting fact is that when Bandorf retired in April 2006, there was no such designation of "resigned in lieu of termination". This particular designation did not come into existence until November 2007. Please see an updated copy of the CJSTC 61 form. Note the highlighted area on the first page, then compare that to the Bandorf CJSTC 61 form, you will see that in 2006 there was no such desgination available.
Also, on page 2 of the update CJSTC 61 form you will note the mandatory requirements that should an officer depart employment for misconduct, to include a retirement in lieu of termination, a CJSTC 61A form must be submitted. Bandorf CJSTC records contain no such CJSTC 61A form. Therefore, in the Bandorf matter the county appears to have failed to file both an internal affairs report as well as the CJSTC 61A form.



We are left wondering how VCDC can continue to sustain Sgt. Bandorf's alleged misconduct, since they admit that no internal affairs investigation was completed and further, since they filed an April 19. 2006 CJSTC 61 indicating his separation involved NO misconduct?

Also, we can not understand the Assistant County Attorney's position that Sgt. Bandorf "resign in lieu of termination" since this is NOT reflective on his April 19, 2006 CJSTC 61 form, in fact the opposite is true, this officer "retired, not involving misconduct." Therefore, it appears that the Assistant County Attorney's position as outlined in her email lacks factual support.

It is interesting that the Division of Corrections and the Beach Patrol are both members of the Volusia County Department of Public Protection. Both divisions use the same internal affairs section and personnel. Public records supports that the Beach Patrol has internal affairs policies as would apparently be required by F.S. 112.533, why doesn't the Division of Corrections have such policies?



Without IA policies an "investigation" is open to manipulation. Does this explain how Sgt. Bandorf was determined to be in violation of moral character standards without even conducting the mandatory investigation? Does this further explain how VCDC can file an April 2006 CJSTC 61 stating that Sgt. Bandorf "retired, not involving misconduct", then in an August 24, 2007 email insist that his departure was a "resignation in lieu of termination", a non existent option on the CJSTC 61 form until November 2007? Sounds like "double Speak" to us, but we ask you to review the documents and come to your own conclusions.

In conclusion, the main point of this page is not whether Sgt. Bandorf case was mishandled - rather, the point is whether VCDC has knowingly and intentionally (and maybe illegally) put into place a system to investigate alleged misconduct by their staff, whereas, VCDC can easily manipulate the outcome. Are whistle blowing officers being "railroaded" and are actual incidents of misconduct being negated to serve various agendas? If VCDC has and is conducting internal affairs investigation without the necessary policies in place to insure a fair and consistent investigative process, does this not call into question all investigative findings concluded by this IA process? Further does that leave an impression that VCDC "investigations" are agenda driven rather than guided by professionally developed policies and procedures? If so, then isn't this type of faux investigative process detrimental to all involved - the staff, the inmates and the general public? We ask you, the reader to factor in these questions as you review some of the questionable investigations at the Volusia County Division of Corrections.

Should you have concerns, then we ask you to contact the appropriate officials at the below link