VOLUSIA EXPOSED

While recognizing the excellent coverage by the DBNJ, this publication is going to apply the approach to journalism, and provide our readers "with the rest of the story".

The Rest Of The Story
The Falsification Of
Official Records?

This publication in no way questions VCSO's investigative findings. Rather, we question, and allege, that the sheriff's office fraudulently filed Lt. Day's with the , a sub-section of the . The form (CJSTC 61) itself, provides notice that an intentional false filing is a second degree misdemeanor.

Both Florida statutes (Chapter 943), and Florida Administive Code (Chapter 11B-27) requires all law enforcement agencies to file an official "separation affidavit" when a law enforcement officer (deputy) separates employment with the agency. The CJSTC 61 form is similiar to a .

Much like a denotes whether a soldier received an "honorable" or "dis-honorable" military discharge, the CJSTC 61 denotes whether the law enforcement officer left his / her agency in a "Favorable" or "Un-Favorable" manner (see CJSTC 61 form - upper right of page).

Florida law, as well as the simple instructions on the CJSTC 61 form, mandates that if a law enforcement officer departs (resigns / retires) while under investigation, the CJSTC 61 form MUST indicate a "unfavorable" separation (see the circled highlighted areas of the above attached CJSTC 61 form).

"UNFAVORABLE - MISCONDUCT
7E. "Voluntary separation or retirement while being investigated for violation of agency or training school policy not involving a moral character violation definded in Rule 11B-27.0011, F.A.C."

"Voluntary separation or retirement in lieu of termination for violation of agency or training school policy not involving a moral character violation defined in Rule 11B-27.0011, F.A.C."

"Terminated for violation of agency or training school policy not involving a moral character violation defined in Rule 11B-27.0011, F.A.C."

clearly documents within the narrative of the investigative report, that Day resigned (retired) while the investigation was still active. The investigative report indicates an investigation completion date of July 8, 2020.

that Lt. Day submitted his resignation on June 10, 2020 - with Sheriff Chitwood accepting the resignation on that same date, effective June 26, 2020. Further, the CJSTC 61 clearly denotes Lt. Day's effective separation date as June 26, 2020 - twelve (12) days prior to the completion of the VCSO investigation (July 8, 2020).

Clearly, Lt. Day separated his employment with the VCSO while he was still "being investigated"(reference CJSTC 61). Therefore, the sheriff's office was mandated to indicate an unfavorable separation on Lt. Day's CJSTC 61 form - rather than the favorable one that was so indicated (7A) (see the circled highlighted areas of the above attached CJSTC 61 form).

7A "Voluntary separation NOT involving misconduct"

The Importance Of Accurate Reporting To The CJSTC

Currently, and in direct response, to such incidents as the , law enforcement within America suffers from a public trust deficit.

While many citizens across this nation are challenging the entire law enforcement paradigm, and it's funding, law enforcement agencies are pushing back, stating that they, only have a few bad apples (rogue officers / deputies) to root out.

Problem is - how does a police agency (like the VCSO) intend on "rooting out" their bad apples - when the agency doesn't even follow the law, regarding how "bad apples" are to be reported to the state's oversight agency (CJSTC)?

Given the circumstances surrounding Lt. Day - its clear that this "bad apple" was not properly reported to the CJSTC. And by not obeying the law - isn't the VCSO itself, just another "rotten apple"?

For this reason, and until the VCSO corrects, or explains this situation, this publication will be adding the Volusia County Sheriff's Office to .

That's the bad news - the good news is - that while the VCSO has apparently given itself a license to falsify CJSTC 61 forms - they (VCSO adminstration) appear to have a lower tolerance for lying, when a deputy (Deputy Phillip Donaldson) allegedly falsified a report on how he came into the possession of a stolen gun.

SUPPORTIVE DOCUMENTATION
FDLE Investigative Summary
The VCSO Deputy Phillip Donaldson Incident

RELATED ARTICLE
August 29, 2020
HEADLINESURFER.COM
FDLE: An OCSO deputy & ex-VCSO deputy charged with a misdemeanor,
alleging they lied about disposal of guns, one of which was stolen

Not Our First Rodeo
Our Past Concerns With VCSO's "Affidavits Of Separation"

This is not our first rodeo with the VCSO, regarding their obligation to file accurate information with the CJSTC.

Within our , we reported that then Volusia County Sheriff Ben Johnson was allowing Osowski to quietly retire withOUT conducting the required (as per ) internal investigation into Osowski's alleged misconduct.

We expressed our concerns to Sheriff Johnson, and - the VCSO acknowledged the correctness of our concerns, by complying with the mandates of - and conducting an .

Unlike Lieutenant Day, Captain Osowski was eventually cleared of any misconduct, however, because Osowski had retired prior to the completion of the internal investigation - VCSO was mandated to file
"UNFAVORABLE - MISCONDUCT
7F. "Voluntary separation or retirement while being investigated for violation of Section 943.13(4), F.S., or violation of moral character standards defined in Rule 11B-27.0011, F.A.C."

Crickets From CJSTC

We have reached out, via emails, to the Criminal Justice Standards and Training Commission (CJSTC) regarding our falsification concerns. So far, we have not received any responses (crickets). Apparently, both FDLE and the CJSTC have become very accustomed to allowing law enforcement agencies to knowingly lie to them - regardless, whether those lies involve - the manner in which a Volusia County lieutenant retires, OR

Should the public be so inclined, and want to reach out to the CJSTC - they (CJSTC administrative staff) can be reached at these email addresses.

RELATED ARTICLE
August 15, 2020
VolusiaExposed.Com
OUR OPINION
FDLE Biased Their Review Of The In-Custody Death Of Gregory Edwards

By side tracking, or short circuiting, the system that was designed to root out law enforcement's "bad apples" - agencies like the VCSO & CJSTC are allowing the "bad seeds" to move from agency to agency as unchecked - infecting the scourge of police misconduct within each additional agency that hires them.

Might we suggest, that instead of calling for the "de-funding" of our police agencies - that the public demand, that police officials be held more criminally and civilly liable, when they fail to properly report, or act upon, allegations of police misconduct. This would mandate some modifications to current .

In our quest for additional insight - our editorial staff will shortly be reaching out to the law enforcement accrediting agencies, that are attached to the VCSO.

So......stand by to stand by ............ there is surely more to come of this......

Until then...fluff up your hair, because we have reached back to the 1980s for our tribute song between the CJSTC (FDLE) and Sheriff Mike Chitwood......

Tell Me Lies ~ Fleetwood Mac

We look forward to your comments on this situation.
Drop us a line to let us know what you think.

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