Dr. Frank Kardasz (Ed.D)

Kardasz: Read the following sad story of another young person who went away with an Internet sexual predator and consider this tragic truth: We will never have a satisfactory number of law enforcement personnel devoted to the apprehension of Internet sexual predators. Part of the reason is that the offense of luring or enticing a minor via the Internet is under-reported. Under-reporting is partly the natural result of the guilt that a child feels after returning from an unauthorized meeting with an Internet friend who turns out to be a sex offender. The child feels partially responsible for disobeying parental advice about avoiding strangers and will suffer in silence rather than report the offense to parents or police. And without reported offenses, the administrators and politicians who control law enforcement resources will continue to devote those resources to other problems

Internet chat led to criminal sex with Eagan girl, police say

From the StarTribune.com, Minnesota

A Georgia man was charged Thursday in Dakota County with flying to Minnesota and having sex with a teenage girl he met online.

Christopher D. Hipsley, 23, met the 15-year-old Eagan girl on the Internet in 2005, according to the Dakota County Attorney's Office. He flew to Minnesota Jan. 17, sent a taxi to pick up the girl and had sex with her several times, according to a criminal complaint.

The girl originally told Hipsley that she was 17 but she admitted her true age when her sister confronted him.

According to the complaint: The girl did not go to school Jan. 17. Her brother then reviewed her Internet chat logs and found that Hipsley planned to fly from Atlanta and send a taxi to pick up the girl at her bus stop before school. Police found the girl hiding in a closet at an apartment Hipsley rented that day.

He is charged with third-degree criminal sexual conduct. Hipsley was being held in the Dakota County jail on $150,000 bond. His next court appearance is set for Feb. 13.

Posted by Dr. Kardasz at 09:52 PM | Permalink

Peers honor Cynthiana Kentucky Police Department officer: Hassall is Officer of the Year

From the Cynthiana Democrat on line, By Donald Richie, News writer

Cynthiana police Ptl. Brian Hassall has been named the department's Officer of the Year. The Officer of the Year award is voted on by Cynthiana Police Department officers on the basis of integrity, positive attitude, willingness to assist other officers and promotion of camaraderie among the department.

Chief Steve Muntz said Hassall exhibits all those qualities. “He's a wonderful officer,” Muntz said. “I've been very happy with his work.” For Hassall, the nod from his fellow officers means a lot.

“It makes me feel proud that the guys respect what I do,” he said. Hassall takes being singled out by his co-workers in stride. “We're all a team, but its always good to be recognized by my peers,” he said. Hassall is something of a one-stop shop for first response.

On top of being a police officer, he is a trained EMT. He trains with the county fire department. He's also been through Community Emergency Response Training, which prepares emergency personnel for major terrorist events and other large-scale disasters. “I respond to any call that I'm available to respond to,” he said. “I enjoy all of it.”

Muntz said Hassall is one of the department's firearms instructors as well. Hassall came to Cynthiana after seven years with the Transylvania University Police in Lexington. While at Transy, Hassall and another officer were shot while on duty. For the last nine years, he has been with the Cynthiana Police Department. Brian and his wife Michelle have two adopted children. Their daughter Alex is six and son Sam is three. “He's well liked in the community,” said Muntz. “His whole family is.”

Retrieved January 19, 2006 from http://www.cynthianademocrat.com/articles/2006/01/19/news/news01.txt

Posted by Dr. Kardasz at 01:15 AM | Permalink

Kardasz: The following article reports a ticket-fixing and property mishandling incident that led to the termination of a police chief.

Pangal out as Wyoming chief of police

Forest Lake (Minnesota) Times, Posted: 1/18/06, By Cliff Buchan

The city of Wyoming and Chief of Police Tony Pangal have parted ways.

Meeting in special session on Tuesday, Jan. 10, the council voted to terminate the chief who had been on paid administrative leave since Oct. 21. The chief was taken off duty following a complaint regarding actions taken by the chief. It was filed with the city by Mayor Sheldon Anderson.

Last week’s dismissal followed an internal review by special investigator Richard Setter and city attorneys Tom Miller and Travis Stottler. Mayor Anderson said this week the council took the action based on documentation that revealed Pangal performed his job without the “high standards and integrity” that the city council demands in its chief.

Anderson said the former chief’s decision to dismiss two tickets written by Wyoming officers and how he handled forfeited property — vehicles and weapons — were at the center of the council’s move to dismiss.

The mayor said in the case of the tickets, Pangal asked the county attorney’s office to dismiss both citations. Both were written to persons with family ties to the St. Paul Police Department.

Pangal is a former police officer in St. Paul.

Anderson said the council also found fault with how Pangal was clearing out property that had been forfeited to the city during arrests. In the case of weapons sold by the former chief, Anderson said it is unclear where the guns wound up.

At least three weapons were sold, he said. How Pangal sold forfeited property did not follow state procedures, Anderson said. “He (Pangal) was doing what he wanted to do,” the mayor said. “We all like to get things done, but there is a system to abide by.” Attorneys Miller and Stottler reviewed the chief’s activities with property. Setter investigated the ticket dismissals.

Anderson said the council was disappointed in the ticket matter because the officers involved with the initial traffic stops were not consulted prior to the dismissal. Pangal did not attend last week’s meeting and Anderson said it is possible the former chief has moved to Atlanta to work in private security. The mayor said he has also heard Pangal may take a position to work in security in Iraq.

The former chief could not be reached for comment. His attorney, Daniel Le, said late last year that Pangal denied the allegations and would take the matter to court.

Pangal was hired as Wyoming chief of police in March of 2004. He previously worked in Chatfield as police chief. Anderson, who was out of town and not at the Jan. 10 meeting, said the termination provided no settlement benefit. Pangal has been on paid leave for nearly three months.

Sgt. Scott Dexter has served as acting chief of police during the suspension. The council is yet to announce a plan for how the city will go about securing a permanent replacement. The city is also in the midst of a process to seek and hire a permanent city administrator. Sandy Berry has served in that capacity since the departure of Jill Teetzel in 2005.

Retrieved January 19, 2006 from http://www.forestlaketimes.com/2006/January/18TonyPangal1186.html

Posted by Dr. Kardasz at 12:28 PM | Permalink

Kardasz: Click the following link to read a tribute to Officer Steve Baird of the Cedar Grove, New Jersey Police Department.

http://myhero.com/myhero/hero.asp?hero=baird_mms_ul

Posted by Dr. Kardasz at 12:15 PM | Permalink

Kardasz: Whistleblowing is a controversial subject. Employees who report the misconduct of fellow employees are sometimes subject to retaliation. Many states now have laws designed to protect whistleblowers. The following story describes a whistleblowing incident in Miami, Florida. 

Whistleblowing Miami Cops Victims, Says Board

Civil Service Board Says Ethics Claims Brought Retaliation

Officers Owed Compensation And Apology

City Has 90 Days To Act

(CBS4 News), By Brian Adams, Jan 17, 2006 10:49 pm US/Eastern

Miami, Florida - Four Miami Police officers who blew the whistle on some potential ethics violations by their bosses received vindication today from the city's Civil Service board, which says their names should be cleared, misconduct charges should be dropped, and the officers should receive financial compensation for actions taken against them.

The city's civil service board says Asst. Chief Luis Vega, and other top brass at the department retaliated against Sgt. Robert Suarez, and detectives Margarita Baro, Lazaro Serpa, and Cesetino Perrera for asking prosecutors and the county ethics commission to look into some personal business for Assistant Chief Vega, which was using resources of the Miami police department to investigate the theft of his identity in other states.

"He didn't live in the city of Miami", said Civil Service Board Chair Miguel de la O, "so the department had no jurisdiction to be investigating it…and as a result of that, we found that they were transferred out in retaliation for the testimony and complaints."

The officers were reprimanded, and claims of misconduct and incompetence were leveled against Sgt. Suarez. The board will recommend to the city manager that those charges be cleared and that he be allowed to retire.

The board also recommends that reprimands against all 4 officers be rescinded and that the department's official newsletter publish an article telling everyone of the abuse of power and injustice committed against these officers.

The board is also suggesting that Assistant Chief Luis Vega, along with 2 Majors, a Captain, and a Lieutenant, receive a publicly admonished for their roles in this.

The board's recommendations are not binding.. But they do lay the ground work for this to be pursued in court, if the city doesn't right the wrong in a way the officers find satisfactory. Their attorney says that means cutting each of the officers a check. "Were talking about sums of money to take them through retirement", said Attorney Terry Guttman Valdes, "had the city not committed this wrong against him."

"I'm very happy", said Serpa, "that finally people can see what we have gone through." Sgt. Suarez says "we're very thankful for the board's decision."

Miami Police had no official comment about the Board's decision, but the Board's recommendations now go to the City Manager and Chief John Timoney, who will have 90 days to act on the decision.

Retrieved January 19, 2006 from http://cbs4.com/topstories/local_story_017171135.html

Posted by Dr. Kardasz at 11:53 AM | Permalink

Kardasz: The heroic “whistleblowing” act of Hugh Thompson was very controversial in 1968. Thompson demonstrated extraordinary ethical courage.

My Lai massacre hero buried

Wed Jan 11, 7:09 PM ET

Hugh Thompson, the US army helicopter pilot who rescued Vietnamese civilians from American troops during the My Lai massacre, was buried with full military honors.

Thompson, who died of cancer at a veteran's hospital in nearby Alexandria, Louisiana, on January 6 at the age of 62, was eulogized as a peacemaker during his funeral service in a packed Lafayette chapel.

Larry Colburn, a crewmember aboard the helicopter then-Chief Warrant Officer Thompson flew at My Lai, was among those attending the funeral, which included a 21-gun salute and a helicopter flyover. Looking at Thompson's flag-draped coffin, Colburn said: "Hugh was a problem solver. My Lai was a problem. War is a problem. Hugh solved the problem of My Lai without firing a shot."

On March 16, 1968, Thompson led the rescue of more than a dozen Vietnamese civilians at My Lai, an incident one American general described as "one of the most shameful chapters in the army's history." "It was probably one of the saddest days of my life," Thompson told a 1994 conference on the massacre at Tulane University in New Orleans.

Up to 504 Vietnamese civilians were killed by US troops at My Lai including as many as 210 children aged 12 or younger, according to historians.

Thompson recalled that he and fellow crewmembers Colburn and Glenn Andreotta began that day flying a reconnaissance mission over My Lai. Initial intelligence reports suggested heavy activity by Vietcong guerrillas. Thompson's objective was to draw enemy fire so other helicopter gunships could identify enemy positions. But as his helicopter hovered overhead, Thompson recalled, he noted a large number of bodies lying in the village below.

"Everywhere we'd look we'd see bodies," Thompson said. Most of the villagers had been shot and left for dead. Thompson and his crew landed and set colored smoke grenades by the wounded for medical evacuation. As they returned to their chopper, however, a soldier appeared and shot to death an elderly woman Thompson had marked for rescue.

The trio then flew to another part of the village where Thompson encountered a lieutenant preparing to blow up a bunker filled with wounded Vietnamese. Although outranked, Thompson ordered the lieutenant and his men to stand down. "Thompson put his guns on the Americans and said he would shoot them if they shot another Vietnamese," said William Eckhardt, the chief prosecutor at the My Lai courtmartial.

A furious Thompson reported the massacre in progress to army superiors who ordered a ceasefire. Thompson also ordered two other helicopters to evacuate about a dozen wounded villagers to hospital for treatment. Thompson subsequently testified at criminal trials of the army officers, an act which initially left him ostracized by others in the military.

Thompson was one of the chief witnesses against Lieutenant William Calley, the only person convicted of a crime in connection with My Lai. Calley was sentenced to life in prison but president Richard Nixon reduced his sentence to several years of house arrest.

As a combat pilot Thompson was shot down four times in Vietnam. He suffered a broken back in his last crash and received a Purple Heart and Distinguished Flying Cross. Thompson retired from the army in 1983 as a first lieutenant after 20 years of service. As a civilian, he worked as a commercial helicopter pilot and as a counselor for veterans in Louisiana.

In 1998, Thompson, Colburn and, posthumously, Andreotta, were awarded the Soldier's Medal, the army's highest award for battlefield action without encountering the enemy. Andreotta died in a helicopter crash shortly after My Lai.

In his last years, Thompson was a guest lecturer at military training academies for the army, navy and marines.

In a 2003 address to the US Naval Academy Center for the Study of Professional Military Ethics, he told navy midshipmen: "If you tell someone to do something you had better be right."

Retrieved January 16, 2006 from http://news.yahoo.com/s/afp/20060112/wl_asia_afp/usvietnamthompson_060112000522

Posted by Dr. Kardasz at 02:51 PM | Permalink

Kardasz: The following article describes the trend in training for ethics. Paradoxically, former corporate criminals are now profiting as lecturers of ethics. The trend for more ethics training is partly driven by sentencing guidelines that take into account whether or not a business provided ethics training.

Ethics training as taught by ex-cons: Crime doesn't pay

Demand for classes grows after corporate scandals

By: Greg Farrell and Jayne O'Donnell, USA Today, 11/16/2005

Philadelphia, Pennsylvania – Business students at Temple University heard Walter Pavlo talk about his brief career as a corporate criminal and how it landed him in jail. Pavlo describes a plan he hatched with a friend that netted him $6 million in cash from MCI customers in less than a year. He then tells how the crime almost led him to a nervous breakdown.

"If you have read John Grisham novels, you know that the criminals are cold and calculating," he tells the students. "I was calculating, but I wasn't cold. I was scared. I thought to myself, 'How do I get out of this?' I was constantly looking over my shoulder."

Pavlo is at the forefront of a growing industry ever since the corporate scandals at Enron, WorldCom and Adelphia emerged in 2002. Thanks to those accounting frauds, the business ethics industry is booming.

"There are two big driving forces behind the growth of the ethics industry," says Michael Connor, publisher of Business Ethics magazine. "Sarbanes-Oxley and the U.S. sentencing guidelines. Five years ago, the debate was theoretical. Now, corporate governance is an important part of the analysis on Wall Street."

Sarbanes-Oxley, the law passed by Congress in 2002 after the meltdowns at Enron and WorldCom, called for tighter internal financial controls at public companies. The law also led to revised sentencing guidelines for corporations and individuals involved in fraud. The U.S. Sentencing Commission ruled that among the factors to be taken into consideration when a corporation was accused of wrongdoing was whether management had provided ethics training to its employees. If not, it could be held against a company whose employees had been found guilty of fraudulent behavior.

"We have seen an explosion of growth in professional service providers who help support ethical compliance programs," says Keith Darcy, executive director of the Ethics Officer Association. Darcy points out that his organization -- consisting of executives in charge of corporate ethics and compliance programs -- had 600 members in 2001. This year, his group's membership has exceeded 1,200.

Sanjay Anand, chairman of the Sarbanes-Oxley Institute, which trains accountants and other executives on how to comply with the new law, agrees that ethics has become big business. "We are going through what is referred to as an ethics boom," he says. "Sarbanes-Oxley has raised the bar on the pain that senior executives can suffer as a result of non-compliance with code of ethics. The fear of the expense of training is starting to fade. Companies are realizing ... it costs less to prevent than to cure."

Gary Zeune, who runs a speakers bureau of former white-collar criminals, says that since the law passed, people have "finally started to understand that good ethics is good business because customers will trust you."

There's no teacher like experience.

The focus on ethics has spawned a miniature boom in demand for corporate felons who have done their time. Mark Morze, the former CFO of ZZZZ Best carpet cleaning, served almost five years in prison for his role in one of the biggest frauds of the 1980s. Today, he's a popular public speaker on the subject of ethics. "The interest now is very, very piqued," he says. "A lot of it is piqued by the fear people are having of exposure."

Morze, who pleaded guilty to defrauding investors and banks out of about $100 million, says he would often make $1 million a week during the fraud. He says he now speaks up to 60 times a year to groups ranging from students to FBI agents or accountants, and charges as little as $500 or as much as $10,000 for a keynote speech.

"I've started telling people that (in the 1980s) when you did something wrong, you'd face civil action by the SEC," says Morze. "Now we've seen almost a complete flip-flop, and you might have to pay hundreds of millions in fines. Selfishly, it's good because it gets me more work."

Frank Abagnale, whose early criminal career as a forger and impersonator was celebrated in the movie Catch Me If You Can, had a successful speaking career before the recent wave of accounting frauds. Now, he says, he has to turn business down: "Before fraud got a lot of attention, I used to give 35 talks a year. Now, it's over 100 lectures a year, sometimes four a week."

While Pavlo and Morze talk about the crimes they committed, and the circumstances that tempted them into breaking the law, Abagnale also shares his thoughts on the root causes of fraud in the USA.

"We are living in a society that has an extreme lack of ethics," he says. "We are not teaching ethics at home or in school. You can't find ethics in college. That's just amazing to me."

Exacerbating the situation, he says, is the view among most businesses that fraud and thievery are part of "the cost of doing business." Credit card companies, retailers and others all make budget provisions for fraud. "If you just sit back and say it's related to cost, if you're not doing anything about it, you're helping it," Abagnale says.

If there's any lesson to be learned from the accounting frauds of recent years, it's that at Enron and WorldCom, there were only a few masterminds. Nevertheless, a much larger group of people adopted a "go-along/get-along" philosophy, and before they realized what happened, they were sucked into the vortex of a criminal conspiracy.

Oliver Halle, a former FBI agent who now makes presentations on white-collar crime to businesses and schools, says he couldn't understand how people who seemed to have every advantage in life would make bad decisions in the workplace that often ended up putting them in jail. To make an impression on his audience, he usually brings two white-collar criminals who served time in prison. "I was dealing with people that look like you, me and the neighbors," he says, referring to the real-life examples of corporate convicts. "They were getting into trouble. Why are these educated, upper-middle-class people getting into trouble? What's going wrong here?"

Temple Professor Terry Halbert wanted to expose undergraduates to some of the pressures facing corporate executives. She recruited Pavlo to peak because she wants students to understand how easy it can be to make a mistake that results in prison time. "The last thing we wanted was finger-wagging, or someone saying, 'You better be good people,'" she says. "Most people are good, and then they enter an arena with incredibly high pressure. Many people aren't prepared for what follows. I want to bring it to life."

Crossing the line

And at that class early that autumn day, it was Pavlo bringing it to life for Halbert's students. He recalled the excitement he felt in 1992 when, as a newly minted MBA, he landed a job with telecommunications company MCI. He then talked about the difficulties he had collecting money owed to MCI from a series of fly-by-night companies.

In the mid-1990s, he says, he tried to get MCI to take a $180 million charge to wipe out the bad debt generated by deadbeat customers. But, he says, his bosses told him the maximum that could be written down was $15 million a year and that his bonus hinged on him making the economics work.

In a moment of weakness, Pavlo says, he approached a friend, Harold Mann. Pavlo says he told Mann that he couldn't take the pressure anymore and was sick of squeezing money out of clients, trying to paper over MCI's debts to protect his bonus.

Then, according to Pavlo, Mann shared with him the key to success: "'Walt,'" he says, "'You seem to be the only one in this whole formula who doesn't get it. Everybody cheats. That's how business is done. You've got to cheat to get ahead.'"

Pavlo says he and Mann conned some of MCI's high-risk customers into believing that an angel investor would retire their debts to MCI in return for regular payments to a Cayman Islands account. While MCI never got any payment for outstanding debt, Pavlo got his share of the Cayman Island funds and suddenly was living large, flying by private jet to the Caymans where he had stashed $6 million in illicit earnings.

The criminal activity came at a cost. "I was terrified," he says. Within eight months, Pavlo was near a nervous breakdown. "I was no longer able to function physically, mentally. I was shaking, couldn't sleep, drinking excessively, taking various sorts of pills to help me relax."

Pavlo's crime unraveled when his boss discovered discrepancies between what some of MCI's customers said they owed and what the company thought they owed. Pavlo quit his job, hoping that the investigation would blow over. It didn't. Faced with overwhelming evidence, he pleaded guilty, served two years in prison and is on probation. Mann got a 41/2-year sentence.

Unlike many white-collar criminals, Pavlo says he accepts responsibility for his actions. But the consequences are harsh. No company will ever hire him as a full-time employee. He says he interviewed at a number of places after getting out of prison. "I had two interviews with major accounting firms. I would explain the gap in my resume. They said, 'You can't work here, but we'd like for you to train our people.'"

And so Pavlo's public speaking career began. This year, he expects to earn about $100,000. Based on the speaking engagements he's lined up for 2006, his take next year should double that sum.

Pavlo still has to pay reparations for his crime, to the tune of $6 million. While he was in jail, his wife divorced him, and now more than 70% of his income goes to taxes, child support, restitution and basic necessities. Because he was forced to declare bankruptcy, he can't even get a credit card.

"I had more money and less liabilities when I got out of college," he says of life after prison. But the most difficult part of readjusting to life on the outside is reconnecting with his kids, who are 13 and 15. "Even when they're 30 years old, I'm going to be telling them a version of this story. That's part of the punishment."

Source: USA Today, NOV 16, 2005

http://search.epnet.com/login.aspx?direct=true&db=nfh&an=J0E329817286705

Posted by Dr. Kardasz at 01:18 PM | Permalink

Kardasz: I disagree with Charles A. Sullivan who is quoted below as saying that he thinks the court decision described is "awful".  I think the decision is excellent! Other research I have read indicates that employers are reluctant to report unlawful image incidents involving their employees. I am pleased that the New Jersey Supreme Court recognized the duty that employers have to protect the children who are harmed by unlawful images. 

How will this decision someday effect the law enforcement agencies who become aware of possessors of images of child pornography but fail to devote sufficient personnel and resources to the investigations of those possessors?

The research of Doctors Hernandez and Bourke at the Butner North Carolina Federal Correctional facility indicates that a significant percentage of persons incarcerated for possession of child pornography were also "hands-on" contact offenders. Most of the child victims involved in these incidents are unable to infom law enforcement of the offenses. It is time for law enforcement to step-up and to devote more resources to these crimes. 

----------------------------------------------------------------------------------

Employer Had Duty To Stop Workders Porn Surfing  New Jersey Appellate Ruling Disturbs Employment Law Experts 

ABA Journal Report , BY G.M. FILISKO, Friday January 6, 2006

When an employer has actual or imputed knowledge that an employee is using a computer at work to "access pornography, possibly child pornography, [the company] has a duty to investigate … and to take prompt and effective action to stop the unauthorized activity," a New Jersey appellate court has ruled. Doe v. XYC Corp., No. A-2909-04T2 (Dec. 27).

The ruling by the Superior Court of New Jersey, Appellate Division, involved a man who later admitted he uploaded nude photographs of his stepdaughter to a child pornography Web site. But as distasteful as the crime is, several employment law experts find the decision unpalatable as well.

"I think the decision is awful," says Charles A. Sullivan, an employment law professor at Seton Hall University in Newark, N.J. "It imposes a big duty on employers, and it’s a huge infringement on employees’ privacy rights."

"It’s a horrible opinion," concurs Laurie Leader, a professor of clinical practice at Chicago-Kent College of Law who specializes in labor and employment law. "I think this court is out on a limb. It’s almost imposing some kind of strict liability on employers."

But the plaintiff’s attorney, Kevin Kovacs of Bedminster, N.J., defends the court’s opinion as "an important decision and a good decision for potential victims of child pornography."

"The defendant argued that my position turns employers into police departments. But it doesn’t," Kovacs says. "We never argued that there should be full-out monitoring of employees’ Internet activities. We argued that in limited circumstances, where the company has information, it has to investigate, and when there’s child pornography, it has to report it because there’s potential harm employees can do to third parties."

The corporation’s attorney did not return a call for comment. It has until Jan. 17 to petition the New Jersey Supreme Court for review.

The case was brought by a woman individually and on behalf of her 10-year-old daughter, who had been secretly videotaped and photographed in nude and semi-nude positions by the woman’s then-husband. He later transmitted the pictures over the Internet at his workplace. The couple has since divorced and, according to Kovacs, the ex-husband is serving a prison sentence for his child pornography activity.

In Doe, the woman alleged her former husband’s employer, based in Somerset County, failed to take appropriate action when it learned he was accessing Internet pornography sites at work and that, had the company taken the right action, the sexual abuse her daughter suffered might have been prevented.

According to the appellate ruling, in two instances, the company’s computer network administrator and the employee’s supervisor viewed the employee’s Internet site history and learned the employee had been viewing what they believed were pornographic sites, including a site called Teenflirts.org. But they never accessed the Web sites themselves.

The network administrator, however, was instructed to stop tracking the employee’s Internet usage because of a company policy prohibiting monitoring or reporting of employees’ Internet activities.

Before that warning, the administrator and another computer employee told the employee to stop viewing Internet pornography. The employee’s supervisor had a similar talk with the employee on a different occasion. The employee told his supervisor he would quit visiting porn sites at work, but the supervisor later saw that the employee had resumed his activities.

The trial court granted summary judgment for the corporation, saying that the employee’s "conduct at home," which it stated was the molestation of the child, was not under the corporation’s control. According to the trial court, the corporation acted as a reasonably prudent corporation would have acted because, "upon receipt of complaints from [its] employees, defendant instructed the [employee] to stop [his] conduct." It also said there was no evidence the company was aware the employee was viewing child pornography. Because the company was under no duty to monitor the private communications of its employees, "there has been no breach of a duty and no negligence on the part of the defendant corporation," the trial court said.

The appellate court reversed, holding that the corporation had the ability and right to monitor the employee’s Internet activities and that it knew or should have known the employee was using the office computer to access child pornography. It also held that, with actual or imputed knowledge of the employee’s viewing of child pornography on a company computer, the defendant had a duty to either report the employee’s actions to law enforcement or to fire him.

The appellate court, however, remanded the final issue, proximate cause, to the trial court. "We agree in large part with plaintiff’s arguments" the ruling states, "but not with the final leap to defendant’s liability." According to the appellate court, to show proximate cause, the plaintiff must show that harm to the child would have been averted had defendant acted to stop the employee’s activities when it had sufficient information.

Sullivan says proximate cause will be difficult to prove. "This is one of those hard cases making bad law," he says. "Probably, proximate cause isn’t going to be established, which means we’ll have this precedent on the books that imposes this duty on employers even though the plaintiff in this case won’t ever get a dime from the employer."

But Michael Selmi, professor of employment and civil rights law at George Washington University School of Law in Washington, D.C., says the case is narrower than it seems on first read. "The initial buzz of the case is great," he says, "but the duty to report and investigate arises only because the case involved child pornography, which is illegal. Most Internet usage wouldn’t involve illegal activity, and if it were only pornographic sites, the employer wouldn’t have a duty to report anybody."

The holding is also limited, Selmi says, because "the employer had so much knowledge, not necessarily regarding abuse of the stepdaughter, but in terms of complaints from other employees. That level of knowledge, combined with illegal activity, created a duty that wouldn’t typically exist. By no means would this be an easy case for plaintiffs to rely on" in bringing other actions, he says.

But Sullivan says the decision forces employers to monitor employees’ computer use.

"Right now, employers have a right to monitor employees’ computer use," he says. "They don’t have a duty. It’s a huge step [from saying] an employer can if it wants to supervise employees’ e-mail and Internet use, to saying an employer’s liable if it doesn’t supervise an employee’s use of the computer."

Sullivan adds, "There has historically never been a requirement that people report other people for violations of the law, and this court comes pretty close to saying you have to do that."

Posted by Dr. Kardasz at 02:05 PM | Permalink

Kardasz: Here are excerpts from an interesting article about ethical decision-making by Joseph Paliwoda. Although the article is written for behavioral health care workers the concepts are also applicable to other occupations.

From Behavioral Health Management, Sept-Oct 2002 v 22 i5 p44(2).

Seven ways to think about ethics: In behavioral healthcare, solutions to ethical problems might not be as clear-cut as they seem
   
Many organizations offer ethics training. This training typically deals with the extreme breaches in behavior. While codes of ethics are typically reviewed during training students can find themselves facing situations that need further clarification. In short, ethics is not always black and white.

Consider this hypothetical scenario:

John is a client at your behavioral health facility. He has a court date coming up and wants to sell his stereo in case he needs bail money to stay out of jail. A worker at your facility is shopping for a stereo. They begin to talk and the worker buys the stereo.

1. What issue(s) do you see arising from this situation?

2. Is there a breach of ethics?

3. If so, how do you address this with the worker?

Many would see a problem with creating a dual relationship with the client, but this situation is not so obvious to everyone. In fact, other factors could complicate the situation even further. For example, what if the worker is a secretary, i.e., a nonclinician? What if the client was about to leave the facility's care the next day?

As the vice-president of a rapidly growing behavioral health organization, I am constantly confronted with questions regarding ethical decisions like the example provided. And I've found that staff, while well intentioned, often need guidance in making appropriate decisions. What follows is the seven-step process (with explanations) that I go through to make decisions and to train my staff on the decision-making process:

1. Gather all the relevant facts of the situation/proposed action.

2. Identify key stakeholders and their interests. 

3. Determine whether this action violates any laws, codes of ethics or organizational policies. If not, or if you're unsure, then ... 

4. Identify the worst-case scenarios. 

5. Brainstorm a solution with the stakeholders involved. 

6. Conduct a "fairness test." 

7. Develop a plan of action to resolve the current dilemma and prevent
future incidents.

To explain: 

1. Gather all the relevant facts of the situation/proposed action. Whenever a situation is presented, it is usually missing some key facts or perspectives that could alter the decision. The manager/decision maker needs to gather as many of the relevant facts of the situation as possible. (For example,see the possible complications raised in the above scenario.) 

2. Identify key stakeholders and their interests. Stakeholders might include
the client, the individual staff member, the organization, the client's family members, your organization's funding sources and society as a whole. Identifying their interests, and how they conflict, is crucial to resolving the dilemma fairly. In the example provided above, the client, worker and organization are all stakeholders. We know what the interests of the client (and possibly family members) and worker are. The organization's concern might be over its reputation (e.g., being potentially viewed as taking advantage of a client's vulnerable situation for self-gain). 

3. Determine whether this action violates any laws, codes of ethics or organizational policies. Clearly, if an action violates the law, the code of ethics or an organizational policy, then it cannot be justified. However, the finding of a violation of the code of ethics might sometimes be disputed by those involved, such as the worker who doesn't understand why she can't buy the stereo, or the client who doesn't understand why he can't sell the stereo to assist himself or herself. This necessitates steps 4 through 7. 

4. Identify the worst-case scenarios. This is where I let my imagination run amok. I, along with the staff member, identify the worst-case scenarios. In the example given earlier, some possible scenarios are: (a) the client is not the true owner of the stereo and is purveying borrowed or stolen equipment; (b) the stereo is faulty and not worth what the staff member is willing to pay for it (thus possibly causing animosity toward the client once this is discovered); (c) the transaction causes a perception that the facility's staff are "taking advantage" of clients; (d) the client complains after the sale that he or she wants the stereo returned. Together, with the staff member, identify and work through all such potential problems associated with the transaction. 

5. Brainstorm a solution with the stakeholders involved. In the example given, some brainstorming ideas might include: (a) encouraging the client to identify buyers through different means (pawn shop, classified advertising, posting fliers at stores, making an announcement at support meetings); (b) identifying alternative ways for the staff member to obtain bargain stereo equipment (e.g., pawn shops, etc.); (c) establishing organizational policy on staff members' purchasing goods or services from clients.

6. Conduct a "fairness test." For a decision to pass the "fairness test," all stakeholders should perceive it to be fair, given all the circumstances.

Subparts of the fairness test include: 

* Does it meet the Mission Test (i.e., does the decision fit comfortably with the organization's mission)? 

* Does it meet the Pride Test (i.e., do you "feel proud" of the decision)?

* Does it meet the Explanation Test (i.e., would you feel comfortable explaining the decision to all stakeholders)? 

* Does it meet the "Front Page of the Paper" test? This is one of my favorites: What is the worst headline you can make from the situation and resulting decision? In the example provided, how about "Program Buys Stolen  PropertyFrom Clients" or "Counselors Prey on Cash-Strapped Clients"?

7. Develop a plan of action to resolve the current dilemma and prevent future incidents. This step will show how much you have learned from previous experiences and how well you explain it to all potential stakeholders.

I suggest that staff in your organization practice this approach in staff meetings devoted to training for ethical decision making. Keep in mind, process is important, even if the answer to some situations is obvious to some staff members. All will encounter "gray areas" sooner or later. Perhaps this will help your organization prepare for the inevitable.

Joseph Paliwoda, MBA, is president of Paragon Consulting Services, Pinckney, Mich. As a CARF surveyor, he provides consultation to mental health and substance abuse treatment providers. For further information, phone  (734) 546-7020 or e-mail jspjoe@tir.com. 

Posted by Dr. Kardasz at 12:30 PM | Permalink

Posted by Dr. Kardasz at 11:59 AM | Permalink

Police Officer Called Hero By Colleagues

December 10, 2004

COLUMBUS, Ohio -- Relatives of Columbus Police Officer James D. Niggemeyer said Thursday that they were not surprised he charged into the Alrosa Villa nightclub before backup arrived. The 1992 Newark Catholic High School graduate comes from a family of police officers and military veterans, NBC 4 reported.

Relatives told NBC 4 that his grandfather is a retired police chief at Ohio University. Niggemeyer, a U.S. Army veteran, also has relatives who worked in the Bureau of Criminal Investigation, the Pentagon, and other police work.

"He's from such a militaristic, old world chivalristic family," Niggemeyer's former stepfather Steve Detty said. "That means military. That means police work. The whole family's always been on that side of the law."

Niggemeyer, a five-year veteran of the police force, was the first on the scene within two minutes of the first call at Alrosa Villa. He went inside and shot Nathan Gale, who at that point had a hostage. "The community has a hero," said Columbus police Sgt. Brent Mull.

According to police and witnesses, another police officer from out of town who was at the Damageplan concert got the gunman's attention. A security guard led Niggemeyer to a side entrance by the stage, by the gunman who was holding the hostage.

Niggemeyer, who was about 20 feet away, fired one shot, which contained nine slugs from his 12-gauge shotgun, and hit Gale in the right side of his head and upper body. The shooting happened within seconds, less than one minute after the officer arrived at the scene, NBC 4's Nancy Burton reported.

Retrieved January 13, 2006 from http://www.nbc4i.com/news/3989100/detail.html

Posted by Dr. Kardasz at 11:50 AM | Permalink

Kardasz: Unusual misconduct allegations from Ontario, Canada.

Runciman `offended' by OPP mugs

TheStar.com, Jan. 11, 2006, By Peter Edwards

Forest, Ontario, Canada — Former solicitor general Bob Runciman says he was offended
by the actions of Ontario Provincial Police officers who made souvenir mugs and T-shirts commemorating the police operation that ended in the death of native activist Anthony (Dudley) George.

"I thought that was an exercise in macho stupidity," Runciman testified yesterday before Justice Sidney Linden at the public inquiry into George's Sept. 6, 1995, death. "I do want to say that I was personally offended ... shocked," Runciman, now Progressive Conservative House leader at Queen's Park, told the inquiry under questioning from commission lawyer Derry Millar.

As solicitor general, Runciman was the top civilian overseer of police. However, he said he played no role in disciplining OPP officers. George was shot dead by an OPP sniper after police marched on Ipperwash Provincial Park late on Sept. 6, 1995. Acting Sgt. Kenneth Deane was found guilty of criminal negligence causing death after a judge ruled George was unarmed. The Stoney Point natives were occupying the park, near Sarnia, because they said it contained sacred burial grounds — a claim later upheld.

Within days of the shooting, officers made up several dozen "Ipperwash '95" T-shirts bearing the OPP insignia, the letters ERT and TRU — which stand for the emergency response team and tactical response units that participated at Ipperwash — and a white feather. There were also coffee mugs with an arrow going through an OPP crest.

Natives were upset, saying the arrow and feather symbolized dead warriors. Runciman also testified he doesn't believe there was political interference in the operation.

Retrieved January 13, 2006 from http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&pubid=968163964505&cid=1136933413271&col=968705899037&call_page=TS_News&call_pageid=968332188492&call_pagepath=News/News

Posted by Dr. Kardasz at 11:37 AM | Permalink

A man of character finds a special attractiveness in difficulty, since it is only by coming to grips with difficulty that he can realize his potentialities.
— Charles de Gaulle

Good actions ennoble us, and we are the children of our own deeds.
— Miguel de Cervantes 

The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.
— Martin Luther King, Jr.

 Retrieved January 13, 2006 from www.charactercounts.org.

Posted by Dr. Kardasz at 11:04 AM | Permalink

Kardasz: Disturbing allegations against officers in Baltimore, Maryland.  

Police Confiscate Items From Indicted Officers

Indicted Officers' Arrests Possibly In Jeopardy 

Chicago City Council to Consider Ethics Training Bill

Measure would provide training for 37,000 full-time employees -- plus provisions to keep them from cheating on the ethics training
 
Reacting to a series of City Hall corruption scandals, some Chicago aldermen are proposing that all of the city's 37,000 full-time employees receive ethics training. Alderman Margaret Laurino, a co-sponsor of the bill, told WBBM News Radio in Chicago that she believes the training could be completed online.

According to the Chicago Tribune, Laurino says ethics training is "another piece of the puzzle" in understanding ethics rules. WQAD-TV in Chicago noted that the proposal would broaden an ordinance that already requires ethics training for about 4,000 high-level employees.

Dorothy Eng, executive director of the city's Board of Ethics, said she gets "thousands" of calls from employees with ethics questions, the Chicago Sun-Times reported. "The huge majority of them -- they just want to do the right thing. And they're looking to find out what the right thing is," she said, according to the Sun Times report.

She also noted, however, that there will be checks built into the system to keep employees from cheating on the ethics training, including getting someone else to take it for them. One of the more notable scandals in recent Chicago politics was a fraudulent testing scam designed to promote and hire people who had campaigned for certain candidates, according to the Tribune. The measure needs full council approval before being implemented.

Source: Chicago Tribune - December 14, 2005. http://www.chicagotribune.com/news/local/chicago/chi-0512140282dec14,1,4167766.story?coll=chi-newslocalchicago-hed&ctrack=1&cset=true

Posted by Dr. Kardasz at 08:58 AM | Permalink

Turn away from mischief.
Again and again, turn away,
Before sorrow befalls you.

Set your heart on doing good.
Do it over and over again,
And you will be filled with joy.

-Dhammapada 117-118

From "365 Buddha: Daily Meditations," edited by Jeff Schmidt. Reprinted by arrangement with Tarcher/Putnam, a division of Penguin Putnam Inc.

Posted by Dr. Kardasz at 12:49 AM | Permalink

Kardasz: Probation supervisor used computers from his workplace for pornography and other misconduct.  

Ex-probation chief given 4 months in porn case

Perjury charges won't be filed in abuses involving agency computers

Jan. 6, 2006, Harvey Rice, Houston Chronicle

A man who once oversaw about 40,000 Harris County probationers began serving a four-month jail sentence Friday for a conviction resulting from the discovery of pornography in his office computer. Paul Donnelly whispered "I love you" to his wife, Susan, as he was handcuffed after state District Judge Mary Lou Keel pronounced the sentence. After being fingerprinted by a bailiff, he was led to the County Jail. Donnelly, 52, pleaded guilty Thursday to a misdemeanor charge of abuse of official capacity.

The charge came after an investigation into about 1,000 pornographic images and several pornographic movies that were discovered on his office computer and county-owned laptop. After he was led away, a group of former probation employees hugged each other and Assistant District Attorney Donna Goode. Goode had asked Keel to sentence Donnelly to the maximum of one year, saying that he mistreated employees and kept them in fear for their jobs while abusing his authority.

"It's more than a misdemeanor," Goode said. "It's a misdemeanor by somebody in a position of trust." She said Donnelly had made false statements to the grand jury, claiming he accidentally downloaded the pornography and that he was never asked the whereabouts of two county-owned computers that his daughters took to college. Keel had warned Donnelly that he might be charged with aggravated perjury, but Goode declined to press the charge.

Though Donnelly held one of the highest posts in county government, she said, he "is a fraud; he's like a con man ... he is manipulative and he is a liar." ID numbers removed Defense attorney Bob Loper asked the judge for probation and no jail time so Donnelly could remain with his wife and four children. "He is, for all his faults, a person who has accepted responsibility for what he has done," Loper said. "He's ashamed about it, believe me. That's not a reason to pile on."

The sentence came after two days of testimony, including assertions from a district attorney's investigator that many images on Donnelly's laptop appeared to be of girls younger than 17. "When you see these items, you immediately form the opinion that these are very young girls," said Capt. Dan McAnulty, of the public integrity division.

He said he could not prove the girls were younger than 17, but Goode told the judge, "If it is not child pornography, it is darn close."

McAnulty also said investigators discovered that county identification numbers were scraped off of two laptop computers that Donnelly's daughters used in college, one in Florida and the other in Tyler. After that testimony, Donnelly pleaded guilty to tampering with a government record for scraping off the numbers, but prosecutors agreed he would be sentenced only for abuse of official capacity.

The county's state district judges suspended Donnelly on May 12 after learning pornography had been found in his computer. The judges had hired him in late 2003 to oversee an agency that has more than 700 employees and supervises about 40,000 probationers. He resigned in June. Grand jury testimony A grand jury indicted Donnelly in August after two county technicians went to Sheriff Tommy Thomas with disks containing copies of the images found on Donnelly's laptop hard drive, as well as other evidence he misused county computers.

Testimony also disclosed that after the information services division inquired about the two computers used by his daughters, Donnelly said one or more computers may have been stolen from his office. McAnulty testified that he checked police records and found no evidence of a burglary complaint. After the pornography was discovered, Donnelly told information services employees that his 14-year-old son had admitted to downloading the images, according to testimony from Charles Robert Glazier, manager of that division.

Testimony on Thursday also showed that Donnelly had his personal computers repaired by agency employees during working hours and that he downloaded about 3,000 music files without copyright permission on agency computers.

He also used his county computer to purchase peyote, a hallucinogenic plant, on eBay, according to testimony.

harvey.rice@chron.com Retrieved January 9, 2006 from http://www.chron.com/disp/story.mpl/metropolitan/3571393

Posted by Dr. Kardasz at 12:08 PM | Permalink

Kardasz: Ethical lapses in judgement among the decision makers of the San Diego, California pension system resulted in several indictments and severe financial hardship for the city.

Feds indict 5 in pension case Multiple felony charges include conspiracy, wire and mail fraud

From SignonSanDiego.com, By Kelly Thornton, Union Tribune, January 7, 2006

A federal grand jury indicted the former top executive of the San Diego pension system, its lawyer and three former trustees on conspiracy and fraud charges yesterday in the opening salvo in the federal government's latest corruption probe at City Hall.

Law enforcement sources said the indictments are the first part of a far-reaching criminal investigation that could stretch into the highest levels of city government. Lawrence Grissom, the former administrator of the San Diego City Employees Retirement System, and Loraine Chapin, the system's general counsel, were indicted along with firefighters union president Ronald Saathoff, former city human resources director Cathy Lexin, and former acting city auditor Teresa Webster. They were charged with multiple felonies, including conspiracy, wire and mail fraud and aiding and abetting.

Some of the 20 counts carry a five-year maximum penalty; others a 20-year maximum, though it's likely that any sentences would be far less. Assistant U.S. Attorneys said the five defendants would be arraigned at an undetermined date, perhaps next week. The indictment said the defendants conspired to illegally obtain enhanced retirement benefits for themselves – in one case as much as 35 percent higher – in exchange for allowing the financially strapped city to underfund the pension system. And, the indictment said, they did so in secret, concealing information from other pension board members and the public .

"The defendants had a duty to act in the best interests of the city retirement system," U.S. Attorney Carol Lam said in a statement. "They breached that duty by engaging in self-dealing, ignoring conflicts of interest, and exploiting their positions to the detriment of the retirement system." At a late afternoon news conference at City Hall, Mayor Jerry Sanders reacted with stern words. "I'm sick and tired of individuals appointed to serve the public trust taking advantage of that trust," Sanders said. "In this city, that has happened for way too long and our citizens are now paying too steep of a price." He said the indictments also move the city closer to resolving some of its problems. "Today is better than yesterday in that we have more definition. We have been waiting for the U.S. attorney to come out with something for quite some time," Sanders said. The financial implications of the underfunding have been staggering.

The San Diego pension fund is underfunded by at least $1.4 billion, and likely by more than $2 billion. The funding ratio – assets compared to obligations – was calculated most recently at 67 percent. To settle a lawsuit over the underfunding, the city now has to make payments from the general fund that increase annually to make up for the deficit. That figure could be as high as $200 million in 2006 – about one-quarter of the general fund, which is used to pay for police, fire and other services. The city also has millions of dollars in legal bills as a result of multiple investigations by the U.S. Attorney's Office, District Attorney's Office, the Securities and Exchange Commission, the FBI and the City Attorney's Office. Shane Harrigan, chief of the U.S. attorney's criminal division, told reporters yesterday that the actions of the defendants not only jeopardized the pension fund, but "the financial stability of the city of San Diego."

Aside from the investigations, the city can't borrow money for capital projects because its credit rating has been cut or suspended by Wall Street's rating agencies until the city issues its overdue audits dating to 2003.

Yesterday's developments are almost as interesting for who wasn't indicted, and for what was not covered in the document, which focused narrowly on the plan to underfund the pension system. But another federal official, who spoke on condition of anonymity because the investigation is secret, said, "We aren't done. There's a lot more to this."

At City Hall and beyond, people were wondering whether this is the beginning or the end. "I don't think it's just contained with the individuals (charged)," Sanders said. "I believe that this is probably an ongoing investigation." Councilman Tony Young said, "The question in everybody's mind is: Will there be more?" Young took office a year ago, well after the disputed pension decisions were made. "If there were some illegal acts made by city officials, then they should be worried."

Lawyers familiar with the pension case said yesterday that if prosecutors are looking to prove that a deal was made to shortchange the pension fund in exchange for increased benefits, they have only gone after one side of the deal – the recipients of the benefits. Some lawyers said prosecutors could be aiming to persuade some of the defendants to cooperate against higher-ranking targets who approved the benefits.

For some, the indictment fell short of expectations. William Sheffler, who became one of the pension board's 13 members nine months ago – long after the controversial approval of the underfunding plan known as Manager's Proposal 2 – said he was "disappointed the indictments for city employees didn't go further." But City Attorney Michael Aguirre praised the work of the U.S. Attorney's Office, particularly in focusing on the conduct of Chapin and Grissom. "They simplified it and they focused in on people that were the brains of the operation – the administrator and the attorney – and they figured out a brilliant strategy for attacking the problem at its core," Aguirre said. "I think what's significant is it's clear some board members must have felt they were misled. For the first time, you have board members pointing the finger at other board members, and that's a development that can evolve into a full-fledged, much broader investigation and prosecution," Aguirre said.

Three of the defendants in the federal case – Saathoff, Lexin and Webster – are also facing conflict-of-interest charges in state court related to the pension debacle. The federal case is more complex, examining a broader conspiracy and a breach of fiduciary duties, and it's far more serious in terms of potential penalties.

State prosecutors have said the defendants in their case face up to three years in prison if convicted. Defense lawyers are scheduled to begin presenting their evidence when a preliminary hearing resumes Monday. Like the federal case, a key element of the state case is whether there was a link between the underfunding and the benefit enhancements, a quid pro quo arrangement. Defense attorneys have argued the two actions were not connected. Lawyers for Webster and Lexin said yesterday the federal case appeared to duplicate the state case and predicted their clients will be exonerated. "Terri Webster put in over 20 years of honest service to the city of San Diego and its citizens," said her attorney, Frank Vecchione. "This is extremely disappointing and we can only wait for our day in court . In the final analysis, it will be very evident that Terri Webster has done nothing illegal." Vecchione said "the heart of the indictment" has already been disproven in the Superior Court preliminary hearing, which hasn't concluded. He wouldn't get into specifics.

Nick Hanna, who represents Lexin, echoed Vecchione's contention that the federal charges essentially mirror those brought by the District Attorney's Office. "There doesn't appear to be anything new in the indictment." He said Lexin is "absolutely not guilty. Every action Cathy Lexin took was at the direction and full knowledge of the mayor, the council and the City Attorney's Office." Dick Murphy was mayor at that time. Chapin's lawyer, Steven Madison, said his client "is confident that when all the facts come to light, as they will now, that she'll be exonerated completely." He also called her "an icon of ethics and integrity."

Lawyers for Saathoff and Grissom did not return calls seeking comment. Legal experts said the federal charges do not amount to double jeopardy – being tried twice for the same crime – because there are different crimes charged by different agencies. The indictments come less than a month after Chapin and Grissom were identified as targets in the U.S. Attorney Office's investigation at a pension board meeting. After hearing that legal bills could top $1 million to defend each individual, the board voted Dec. 16 to indemnify, or compensate, Grissom and Chapin for expenses they may incur as a result of actions taken as part of their jobs. At the time, officials said that if an indictment was issued or criminal charges filed, the board would decide whether to continue paying the legal costs. Board members also hired Grissom, who retired Dec. 31 after 18 years as administrator, to a 90-day consulting contract as they search for his replacement. The contract is on an on-call basis, allowing the system to request his services as needed for up to 90 days in a fiscal year. Sanders and Aguirre had criticized the contract, approved a week after Grissom invoked his Fifth Amendment right against self-incrimination in the state case.

Yesterday, Peter Preovolos, the pension board president, said he allowed Chapin to be placed on voluntary administrative leave with pay, though the full pension board will be asked at its next meeting to approve the decision. He appointed Roxanne Parks, the system's assistant general counsel, to assume Chapin's duties. Preovolos said he may call a special board meeting to address issues related to the case, including whether the system should continue paying the legal bills for Chapin and Grissom.

Like their state counterparts, federal prosecutors are expected to rely heavily on e-mail communications between the defendants and other city officials. The 29-page indictment said the defendants concealed information from other pension board members and the public, and focused on three key deceptions: Other pension board members were never told that when voting to approve the underfunding proposal, they were also voting in favor of a significant increase to Saathoff's annual pension – a perk related to his union presidency that would increase his annual pension by $25,000 a year, a 35 percent increase. In return, Saathoff used his influence to get the underfunding proposal passed by the board, the indictment said. At a board meeting in July 2002, Grissom, Saathoff and Lexin deceived other board members by pretending that Saathoff came up with an off-the-cuff solution when board members balked at the underfunding. It was actually a premeditated plan – even pre-approved by the City Council in closed session a few days before – as a contingency plan in case the first proposal was in trouble. Saathoff's amended version, which on its face seemed more palatable to the board, was eventually adopted as Manager's Proposal 2.

The defendants misled the public and Wall Street in bond documents that omitted facts about the deteriorating state of the city's pension system. The indictment cites a series of e-mails from Webster with warnings such as "EEK!" and "OH BOY!" to Lexin, Grissom and others that the funding ratio for the pension system was falling. In a March 7, 2002, e-mail message from Grissom to Webster, Grissom said a reporter had inquired about the underfunding of the pension system, and asked Webster, "Is there any party line for me to communicate?"

On July 2, 2002, Webster reviewed a draft memo by Lexin and advised her to eliminate references to ratings agencies. Webster wrote: "My biggest suggestion to her is to eliminate any reference to (Wall Street rating agencies). This letter will be seen by press, and the city does not need to telegraph its pension problems to the rating agencies who don't research the topic to any great level now."

The indicted:

Lawrence Grissom, 63 Former pension system administrator. Hired as head of theSan Diego City EmployeesRetirement System in July 1987. Retired in December.

Loraine Chapin, 51 Pension system general counsel. Worked in the City Attorney'sOffice before being named the pension system's lawyer in 1997. She began paid leave yesterday.

Ronald Saathoff, 57 San Diego fire captain and union president. Hired in 1977 and represented the firefighters union on the pension board from 1985 to April.

Cathy Lexin, 55 The city's former human resources director. Hired in 1994 and appointed to the pension board in 2001 as the city manager's representative. Resigned in late 2004.

Teresa Webster, 43 The city's former acting auditor and controller. Hired in 1984 and served on the pension board from October 1995 to February

Staff writers Craig Gustafson, Matthew T. Hall, Philip J. LaVelle, Ronald W. Powell, Alex Roth, Steve Schmidt and Jennifer Vigil contributed to this report.

Retrieved January 9, 2006 from http://www.signonsandiego.com/news/metro/20060107-9999-1n7indict.html

Posted by Dr. Kardasz at 11:47 AM | Permalink

Kardasz: Computers at public libraries are used by child pornography traffickers and by sexual predators who wish to lure and entice minors. Please encourage computer restrictions and monitoring at your library that will inhibit offenders. Here are examples of some sad incidents from various locations throughout the United States.

Arizona 

Child Pornography Suspect Sentenced

On February 20 2004, 24 year old Gary Lee Davis plead guilty in Maricopa County Superior Court to one count of sexual exploitation of a minor for possessing child pornography. The case began on March 24 2003, when a horrified patron of the Cholla branch of the Phoenix Public library at 10050 Metro Parkway East noticed that Davis was viewing child pornography on a public-access computer there. 

Posted by Dr. Kardasz at 09:41 AM | Permalink

THE GOLDEN RULE

"Do onto others as you would have them do onto you."

Historically, law enforcement officers in the United States were mostly of Judeo-Christian religious backgrounds. With the shift in recent years towards hiring officers whose backgrounds and beliefs more closely approximate the community they serve, the demographics are changing. In and around the workplace, public employers must maintain the separation between church and state. In most workplaces, employees are discouraged or prohibited from advocating their personal religious beliefs during working hours.

A common theme found in many of the world's religions is the "golden rule", treating others as you wish to be treated. A variation of this theme found it's way into police dogma in 1930 when George Fletcher Chandler, the first superintendent of the New York State Police wrote The Policeman's Manual: A Standard Guide to the Latest Methods and Duties of American Police. (1) In it, he wrote,

In a police officer, common sense is more than a virtue; it is invaluable. Putting yourself in the other fellow's place and dealing with him as you would wish a member of your family dealt with, is a principle of good police work. (ibid.)

In the field, officers sometimes encounter citizen-advocates holding strong religious beliefs. Officers should have an understanding of various religions in order to interact professionally with members of each religious group. Finding common ground is an important element towards professional community relations and ethical treatment. Where can common ground be found between contending religions?

The following excerpts from the beliefs of ten different religions are all variations on The Golden Rule:

• Brahamanism: This is the sum of duty: Do naught unto others which would cause you pain if done to you. Mahabharata, 5,1517
• Buddhism: Hurt not others in ways that you yourself would find hurtful. Udana-Varga, 5,18
• Christianity: All things whatsoever ye would that men should do to you, do ye even so to them. Matthew, 7:12
• Confucianism: Surley it is the maxim of loving-kindness: Do not unto others that you would not have them do unto you. Analects, 15, 23
• Greeks: Do not do to others what angers you if done to you by others. Socrates (469 BC - 399 BC)
• Islam: No one of you is a believer until he desires for his brother that which he desires for himself.
• Sunnah Judaism: What is hateful to you, do not to your fellowmen. That is the entire Law; all the rest is commentary. Talmud, Shabbat, 31,a
• Native American: Respect for all life is the foundation. The Great Law of Peace
• Taoism: Regard your neighbor's gain as your own gain, and your neighbor's loss as your own loss. T'ai Shang Kan Ying P'ien
• Zoroastrianism: That nature alone is good which refrains from doing unto another whatsoever is not good for itself.

------------------------------------------------------------------------

(1) Chandler, G. F. (1930). The policeman's manual: A standard guide to the latest methods and duties of the american police. New York: Funk and Wagnalls. 22.

Posted by Dr. Kardasz at 10:52 AM | Permalink

Kardasz: Misguided apologists for child pornographers marginalize innocent children by attempting to rationalize child pornography with the explanation; "it's only a picture." When a child's innocence is stolen by a preferential offender deriving gratification from memorializing a sexual assault, it is more than "just a picture." Those who trade and traffic such images tacitly encourage and facilitate such unlawful activity.

 --------------------------------------------------------------------------------------------

March, 2003

An offender in Phoenix, Arizona was convicted of possessing 20 images of child pornography. The Arizona mandatory minimum sentence for his crimes was 200 years in prison. At sentencing his supporters argued that the sentence was too harsh for someone who only possessed and looked at pictures.

Why is child pornography a serious crime?

1. Beyond self-gratification, child pornographers use the unlawful images for other reasons including:
2. To reassure themselves that their pedophilic behavior is shared by others and therefore not abnormal.
3. To seduce children and lower the child's inhibitions as part of the grooming process intended to model deviant sexual behavior.
4. To blackmail children into keeping silent about the abuse.
5. To preserve a child's youthful image at the age preferred by the pedophile.
6. To establish trust and camaraderie with other pedophiles.
7. To gain access to other markets and children by exchanging material with other pedophiles.
8. To duplicate, produce and sell for profit.

see: Child pornography and pedophilia: report made by the Permanent Subcommittee on Investigations of the Committee on Governmental Affairs, United States Senate. Washington: U.S. G.P.O., 1986 iii, 54: 24 cm.

A study of persons imprisoned for possession of child pornography in North Carolina demonstrated the disturbing link between child pornography and hands-on molestation. The study showed that many of the participants in a study of imprisoned child pornography possessors admitted to having committed contact sexual crimes that were never detected by nor reported to the criminal justice system.

see: Andres E. Hernandez, Self-Reported Contact Sexual Offenses by Participants in the Federal Bureau of Prison's Sex Offender Treatment Program: Implications for Internet Sex Offenders. 3 (Nov. 2000) (paper presented at the 19th Annual Research and Treatment Conference of the Association for the Treatment of Sexual Abusers, on file with the National Center for Missing and Exploited Children) see: http://www.ncjrs.org/html/ojjdp/jjbul2001_12_5/page1.html#sidebar1

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Regarding the link between child pornography and contact offenders, Dr. Chris Hatcher, Professor of Psychology at the University of California was quoted as saying, "It begins with fantasy, moves to gratification through pornography, then voyeurism, and finally, to contact."

see: Hatcher, Chris, professor of psychology, University of California, personal communication, October 1997. Cited in: Armagh, Daniel, A safety net for the Internet: Protecting our children. Juvenile Justice Journal (on-line) Volume V, Number 1, May 1998.

Retrieved March 15, 2003 from http://ojjdp.ncjrs.org/jjjournal/jjjournal598/net.html

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In his book "Mindhunter", former FBI profiler John Douglas describes the relationship between pornographic images and offenders. Douglas says, "With most sexually based killers, it is a several-step escalation from the fantasy to the reality, often fueled by pornography, morbid experimentation on animals, and cruelty to peers."

see: Douglas, John and Olshaker, Mark, Mindhunter: Inside the FBI's Elite Serial Crime Unit, 1995, Pocket Books, New York. (p. 108).

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The effects of child pornography on the child victim are described by the National Center for Missing and Exploited Children in their research entitled; Child Pornography: The Criminal Justice System Response. According to their research, child sex abuse victims suffer a multitude of physical and psychological problems.

see: Klain, Eva J., Davies, Heather J., & Hicks, Molly A., Child Pornography: The Criminal Justice System Response, American Bar Association Center on Children and the Law for the National Center for Missing and Exploited Children, March 2001. (p 10).

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In 2002, former Arizona high school teacher Morton Berger was convicted on 20 counts of possession of child pornography and sentenced to 200 years prison. He appealed the sentence based on arguments of equal protection under the law and cruel and unusual punishment. In December 2004, the conviction was affirmed by two of the three judges of the Arizona Court of Appeals (Division One).

Judges Susan Ehrlich and Philip Hall dismissed Berger's appeal with well-reasoned and researched arguments including (citations omitted):

• It is evident beyond the need for elaboration that a State's interest in safeguarding the physical and psychological well-being of a minor is compelling.
• …the victimization of a child continues when that act is memorialized in an image. The materials produced are a permanent record of the children's participation and the harm to the child is exacerbated by their circulation. Unfortunately, the victimization of the children involved does not end when the pornographer's camera is put away.
• The legislative judgment…is that the use of children as subjects of pornographic materials is harmful to the physiological, emotional, and mental health of the child.
• …the possession of child pornography drives that industry and…the production of child pornography will decrease if those who possess the product are punished equally with those who produce it.
• …it (the law) will decrease the production of child pornography if it penalizes those who possess and view the product, thereby decreasing demand.
• …the possession of child pornography inflames the desires of child molesters, pedophiles and child pornographers. The State has more than a passing interest in forestalling the damage caused by child pornography: preventing harm to children is, without cavil, one of its most important interests.
• …we cannot fault the State for attempting to stamp out this vice at all levels in the distribution chain.
• Berger downloaded images from the Internet, and every time he visited a website, he demonstrated to the producers and sellers of child pornography that there was a demand for their product. Berger's demand served to drive the industry; there need not have been a direct monetary exchange.
• Berger maintains also that, because his possession of the pornographic images was passive and because he did not use threats or violence in the commission of his crimes, his sentence is grossly disproportionate. This logic is abstruse. As was described by this court in Hazlett, 205 Ariz. at 527 p 11, 73 P.3d at 1262, and as is evident from the violent pornographic images in this case, child pornography is a form of child abuse. The materials produced are a permanent record of the children's participation and the harm to the child is exacerbated by their circulation.

Read the Arizona Appelate Court's ruling at: http://www.cofad1.state.az.us/opinionfiles/cridx.htm

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Kardasz: The innocent victims of child pornography sometimes suffer a lifetime of psychological anguish and torment wondering when, where and how their tortured images will surface. Those who traffic in, possess and derive gratification from child pornography perpetuate the anguish. The typical child pornographer possessor arrested by the Arizona ICAC Task Force has dozens of unlawful images. Many people argue that each image tacitly re-victimizes the child whenever it is viewed. Many victims of child pornography will never disclose their victimization to anyone. They suffer in silent, haunted purgatory. As adults, most do not wish to relive past abuse. It is difficult to determine the scope of the Internet child pornography problem except to say that it is increasing at a disturbing rate.

Posted by Dr. Kardasz at 12:17 PM | Permalink

Kardasz: On-duty officers who created and/or participated in a humorous parody video of police work while using City equipment are in trouble. 

San Francisco Police Video Called 'Egregious, Shameful and Despicable'

December 8, 2005 / From ktvu.com

More than a dozen police officers who appeared in videos parodying life on the force were suspended without pay Thursday after the mayor and police chief blasted the vignettes as racist, sexist and homophobic. Police Chief Heather Fong took the action while investigating whether the videos were made on department time and which officers used their patrol cars and other official equipment, both violations of policy, said Gary Delagnes, president of the San Francisco Police Officers Association.

The department did not release the names or ranks of the officers, part of a group of 20 from the same station who were expected to be disciplined for an incident that Fong called "egregious, shameful and despicable." The skits featured uniformed and plain clothes officers making fun of Asians, blacks, women and members of the gay and transgender communities, Mayor Gavin Newsom said. He was particularly offended by a scene showing a white officer in a patrol car running over a black homeless woman. "It is shameful, it is offensive, it is sexist, it is homophobic and it is racist," said Newsom, who directed two city commmissions to join the police department in its investigation.

The matter comes almost three years after a former chief was indicted -- and later cleared -- in an alleged cover-up after off-duty officers wrestled with men over a bag of Mexican food. Officer Andrew Cohen, 39, who produced the videos, said he was suspended Thursday for posting inappropriate and unauthorized pictures about the department on the Internet. "I don't know what's going on," Cohen told The Associated Press. "I've never been in trouble before." The video spoofs were shot over more than a year, but came to the department's attention three weeks ago after Cohen showed some clips to a member of the command staff, saying he planned to show them at the station's Christmas party, according to Delagnes. Cohen was reportedly told "to get rid of them" and then put them up on his Web site, Inside the SFPD. All the officers involved, including a captain, worked at the Bayview Station in the city's roughest section, an industrial area with a large minority population and high crime rate. Delagnes called the videos "extremely stupid and immature," but said the skits reflected "the gallows humor of police work" and not the dedication or cultural views of the officers involved. He noted that the actors in the parodies included female, black and Hispanic officers. "I'm sorry they did it, and I'm sure they are sorry they did it, but do not confuse these videos with how these officers perform in the real world," Delagnes said. "These were meant as comic relief, parodies of police work. "The fact that the eyes of others have seen these skits is a result of deception and manipulation by a single individual," he said, referring to Cohen. Cohen's lawyer and longtime friend, Daniel Horowitz, said his client was slandered by officials who drew attention to the matter and took the videos out of context. "I think they wanted to be the poster children for the politically correct attitudes in the city and they misrepresented the contents of the tapes," Horowitz said. He said Cohen had permission from the chief to produce videos while on the job "without any content review." Capt. Rick Bruce, who formerly led the Bayview station but is currently on leave awaiting retirement, is among those under investigation. Bruce appeared in a video called "The Ladies Man," which spoofed the television show "Charlie's Angels." Three gun-toting police women in T-shirts and blue jeans report to Bruce, who sits behind his desk suggestively licking his lips. Through the rest of the clip, a street person, an apparent transvestite and several others tongue their lips in a similar manner and say, "Ohhh, captain."

Several Bayview residents shopping at a grocery store near the police station were unamused. "I don't know what's so funny about it," said Fale Idencio, 48. "They need counseling. They have to learn they can't do that to people." Idencio said his 19-year-old nephew was shot and killed about four months ago in the neighborhood and it took police 25 minutes to show up. "When they get a call anywhere around this area they're slow. They'll be here, but they're always a few minutes late," he said.

One of the videos, titled "A day in the life of Hamster and Big Dummy," portrayed a pair of lazy officers ignoring several dispatches as they read the newspaper, nap in their cruiser and practice martial arts. When gunshots are reported, they race off with their lights flashing and siren wailing -- only to show up at a massage parlor the driver had spotted in a magazine ad.

A similar flap arose in June over the revelation that the San Francisco 49ers had produced a training video that included racist jokes, lesbian soft-porn and topless blondes. The football team's publicity director, Kirk Reynolds, resigned after the 15-minute film came to light. Reynolds said he made the tape to coach players on handling the news media in a diverse city and that it was never meant for public viewing.

The department last drew national attention after former Chief Earl Sanders and several top ranking officers were accused by a grand jury in February 2003 of covering up a late-night brawl between two off-duty officers and two men who refused to hand over a bag of steak fajitas. They were later cleared of conspiracy charges. Sanders retired in September 2003.

Retrieved December 12, 2005 from http://www.ktvu.com/news/5488847/detail.html

Posted by Dr. Kardasz at 11:49 AM | Permalink

Posted by Dr. Kardasz at 01:26 AM | Permalink

Posted by Dr. Kardasz at 01:18 AM | Permalink

Seek a true friend,
for a friend seeks the benefit of a friend,
Do good to the people for the sake of God
or for the peace of your own soul
that you may always see what is pure
and save your heart from the darkness of hate.

-Rumi, "Mathnawi"

From "The Bounty of Allah," translated by Aneela Khalid Arshed. Copyright 1999. All rights reserved. Used with permission of The Crossroad Publishing Company, New York.

Posted by Dr. Kardasz at 01:14 AM | Permalink

Kardasz: The interesting study discussed below alludes to the "code of silence" that thwarts whistleblowing among law enforcement officers.

Integrity of police officers starts at the top

By Heather Ratcliffe / St. Louis Post-Dispatch / Sunday, Jan. 01 2006

The integrity of police officers may be shaped more by a department's culture and clearly defined policies than by an agency's ability to hire the "right" people, according to a national study. Researchers with the National Institute of Justice found that cooperation among officers on the street is essential in detecting breaches in integrity. But officers are often reluctant to report misconduct because of concern for a fellow officer's welfare, the study showed.

A department's reaction to reports of misconduct goes a long way toward creating an environment of integrity, according to researchers. "Officers learn to evaluate the seriousness of various types of misconduct by observing their department's behavior in detecting and disciplining it," the report reads. Local police leaders agreed with the study.

St. Louis police Chief Joseph Mokwa said his department acts swiftly and consistently to serious misconduct to send a signal to his officers and the community. "How you handle discipline is the most important way to communicate your priorities," Mokwa said. On Dec. 21, in fact, Mokwa suspended a detective, pending further investigation, who allegedly used the threat of a shock from a stun gun to try to get a reluctant suspect to provide his name. The suspect did not report the incident, but a police lieutenant who reportedly witnessed the event did. St. Louis County Police Chief Jerry Lee said a department's integrity is critical to performing its daily duties. "If the people we serve don't trust us, we won't be able to complete our mission," Lee said. Researchers developed the study as a way to measure the integrity rather than corruption in police departments - a task that has proven difficult for academics over the years.

The U.S. Department of Justice paid for the study with a federal grant. Three criminal justice professors wrote the study after surveying 3,235 officers from 30 police agencies across the nation. Officers were asked to respond anonymously to questions about hypothetical scenarios involving police. Their answers reflected their attitudes about misconduct, understanding of department policies and their willingness to report bad behavior. Researchers found that contradictions within a police agency created confusion and made it difficult for officers to determine policy and consequences. For example, accepting half-priced meals and other small gifts while on duty in some departments was prohibited on paper but permitted in practice. Lee said the county police department relies on good supervisors to set an example for officers under their command. "Officers need to know what is expected of them and that they will be held accountable," Lee said.

Mokwa said the new study illustrates the importance of reinforcing policies to create an environment of integrity. "It's a good reminder to re-emphasize the policies," Mokwa said. St. Charles County Sheriff Tom Neer said his deputies walk past a sign that reads "Integrity" at the station at the beginning of every shift. "Integrity is one of the most important character traits for anyone who comes through that door," Neer said. "That's why we remind them every day." Researchers said the study was designed so police executives could use the format to survey their own departments to determine how well their own officers understand their policies and gauge attitudes about misconduct.

The study offered two lessons learned that may improve integrity within police departments. First, commanders should consistently address minor offenses with the appropriate discipline. "From this, officers may infer that major offenses, too, are likely to be disciplined," the authors wrote. Secondly, the study suggests that departments share information about the disciplinary process with the public for scrutiny.

The authors were the late Carl B. Klockars, professor of sociology and criminal justice at the University of Delaware; Sanja Kutnjak Ivkovich, an assistant professor of criminology at Florida State University; and Maria R. Haberfeld, an associate professor of police science at the John Jay College of Criminal Justice in New York City.

The entire study can be read over the Internet at www.ojp.usdoj.gov/nij. hratcliffe@post-dispatch.com 314-863-2821

Retrieved January 2, 2006 from http://www.stltoday.com/stltoday/emaf.nsf/Popup?ReadForm&db=stltoday%5Cnews%5Cstories.nsf&docid=71D6A40A1A7FF4BD862570EA001BA379

Posted by Dr. Kardasz at 12:57 AM | Permalink

Always do right, this will gratify some and astonish the rest.
- Mark Twain
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Fame is a vapor, popularity an accident,and riches take wing,
only character endures.
-Horace Greeley
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The time is always right to do what is right.
- Martin Luther King, Jr.
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What is important is to keep learning, to enjoy challenge, and to tolerate
ambiguity. In the end there are no certain answers.
- Martina Horner
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The Supreme Court is really the keeper of the conscience. And the
conscience is the Constitution.
-William O. Douglas
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Let us live so that when we die, even the undertaker will be sorry.
- Mark Twain
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Character cannot be developed in ease and quiet. Only through
experiences of trial and suffering can the soul be strengthened,
vision cleared, ambition inspired and success achieved.
- Helen Keller
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Our character is the sum of our decisions.
- unknown
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We should every night call ourselves to an account:
What infirmity have I mastered today?
What passions opposed?
What temptation resisted?
What virtue acquired?
Our vices will abate of themselves if they be brought every day to the
shrift.
- Lucius Annaeus Seneca
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Everyone has failings, all humans have needs and temptations and
stresses.  If at the end one can say, this person used to the limit the
powers their creator granted: and was worthy of respect, then that
life has been lived will.
- Eleanor Roosevelt
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Half of the harm that is done in this world is due to people who want to
feel important. They do not mean to do harm. . . they are absorbed in the
endless struggle to think well of themselves.
- T.S. Eliot
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Do what you feel in your heart to be right - for you'll be criticized anyway.
You'll be damned if you do, and damned if you don't.
- Eleanor Roosevelt
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In looking for people to hire, you look for three qualities: integrity,
intelligence, and energy. And if they don't have the first, the other
two will kill you.
- Warren Buffett
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Keep a sense of humor: Life is too short to be taken seriously.
- Oscar Wilde

Posted by Dr. Kardasz at 04:37 PM | Permalink

Turn away from mischief.
Again and again, turn away,
Before sorrow befalls you.

Set your heart on doing good.
Do it over and over again,
And you will be filled with joy.

-Dhammapada 117-118

From "365 Buddha: Daily Meditations," edited by Jeff Schmidt. Reprinted by arrangement with Tarcher/Putnam, a division of Penguin Putnam Inc.

Posted by Dr. Kardasz at 04:35 PM | Permalink

Kardasz: The following incident is an example of allegations of ethics violations involving an officer who improperly fraternized with criminals.

Ex-narcotics chief fired on charges of misconduct

From The State.com (South Carolina) Posted on Sat, Oct. 22, 2005

The former head of the narcotics unit of the Charleston Police Department has been fired, following allegations he accepted gifts from a man accused of being a drug dealer. James Mackey, an 18-year law enforcement veteran, was fired after the South Carolina Criminal Justice Academy banned him Wednesday from working in law enforcement.

Mackey was told of his dismissal Wednesday near the end of a city grievance hearing on his August demotion from lieutenant to private. The Criminal Justice Academy withdrew Mackey’s credentials based on “numerous misconduct issues” that raised questions about the officer’s character, said Academy director William Neill.

The State Law Enforcement Division is investigating whether any criminal violations are involved. In August, a police disciplinary board found Mackey guilty of misrepresentation and falsification, conduct unbecoming an officer, improperly accepting gifts, violations of integrity and violation of the law enforcement code of ethics.

Retrieved January 2, 2006 from http://www.thestate.com/mld/thestate/news/local/12968343.htm

Posted by Dr. Kardasz at 02:57 PM | Permalink

Kardasz: The following saga of the tumultuous situations involving the Milan, Michigan Police Department is an interesting example of the challenges of administration and labor-relations.

Police Chief responds to allegations of misconduct

From the Milan News Leader / Kym Boelter-Muckler / October 6, 2005 Milan,

Michigan Milan Police Chief Mike Stuck refuted charges of misconduct leveled against him by his entire police force. "They've falsely accused me and they've been assisted by city employees, city residents and members of Council to further their cause," Stuck said. "What they have done is create a mutiny. They have been vindictive, they have been vengeful, and yet they expect me to act as if nothing has happened. Being honest and having integrity and upholding the Law Enforcement Code of Ethics requires that you tell the truth not twist it to your own device so you can falsely accuse and personally attack my family and me."

Stuck indicated that he would like to address every accusation but couldn't due to current investigations, pending investigations, and on the advice of his attorney regarding the accusations of embezzlement with the Police Breathalyzer Test cash box.

But the chief did address each accusation listed in a vote of "no confidence" document submitted to City Administrator Mike Czymbor by members of the Milan Police Officers Association on May 16, of 2005.

Stuck said that the "no confidence" letter accused him of putting citizens in jeopardy because he ordered the stand down of law enforcement personnel at a reported bomb incident with possible explosive devices on March 13, 2005.

"We were assisted by the Monroe County SWAT team and the Michigan State Police Bomb Squad who removed two devices, which were found to be plastic tubes taped together," Stuck said. "Since the devices were not real explosive devices, I called the on-duty prosecutor who couldn't advise charges at the time. After a lengthy discussion with the on-scene commanders, the Monroe County SWAT team and Michigan State Police Bomb Squad; nobody knew of any charges that could be filed, so the State Police said that without the backing of the prosecutor they couldn't justify knocking down a door, so they left. The decisions we make at the scene are based on the whole picture of facts that we have to deal with at the time. It was later determined by the prosecutor that there were some charges that were in fact later filed," he said.

Stuck also addressed the MPOA's complaint that he unfairly limited Internet access in the Police Department to command officers only. "The Internet is city owned and not to be used for personal use. They leveled a personal attack on me that I've taken away a valuable law enforcement tool, but they failed to tell you all the reasons the Internet was taken away," he said. Stuck indicated that several command officers and dispatchers had connected an X-Box Video Game to the city's Internet system and were playing video games while on duty, and shopped on e-bay and conducted personal business instead of assigned work while on duty. In addition, some were operating their privately owned businesses over city owned Internet service at the police station while on-duty, he said. "Some privileges were taken away because some were doing their school work instead of their assigned work," Stuck said.

Other allegations were addressed including the most recent one involving the chief's alleged withholding of a $7,000 donation check meant for the MPOA for SWAT team equipment for an officer requesting to join the Monroe County Special Response Team.

From May 12 to June 6, the chief was placed on administrative leave because the MPOA said they suspected he was "mentally incompetent." As a result of that complaint, the chief underwent a battery of psychological tests, and was subjected to two full days of questioning by the city attorney, he indicated.

"The outcome of that investigation according to the City Attorney was that the allegation was without merit, and the psychiatrist declared me more than fit for duty," he said. During the administrative leave the chief was barred entrance to the police station, police e-mail, or phone messages, nor was he allowed entrance to his office. He was not allowed to open any correspondence or packages that were sent to his office during the two-week administrative leave.

At the Sept. 26 Council meeting, MPOA Secretary Officer Mike Butler told the City Council that the chief deliberately circumvented a check for $6,787 made out to the MPOA for equipment for an officer to join the Monroe County Special Response Team. Butler did not indicate that the chief was out of the office on administrative leave for part of the time that the check was allegedly withheld. Butler said the envelope was addressed to the Milan Police Department to the attention of Sgt. Pete Campbell. But, Monday night Chief Stuck presented the actual envelope, which was addressed to the Milan Police Department only, and not addressed to Sgt. Pete Campbell, who is not a member of the MPOA, Stuck indicated. "While I was on administrative leave I learned that Sgt. Pete Campbell called the Monroe County SRT and ordered the equipment without my authorization," Stuck said. "I was not ready to authorize the officer to join the Special Response Team until several questions could be answered dealing with jurisdiction, over time pay, liability, and whose standard operating procedure would he operate under." In addition, at the Sept. 26 meeting, Officer Butler alleged that after several weeks a check for $6,787 was expected from a benefactor but was never received. The donator was contacted and another check was mailed in. "On July 11, the chief called officer Tory Terrill into his office and presented the original check that was the donation to us. For 56 days the chief held the donation check and gave no explanation why. He said that we needed to take of it appropriately." But Chief Stuck indicated that the conversation with Terrill was slightly different than Butler's recounting. "When I met with Tory Terrill on July 11, I told him that I felt the SWAT team equipment should be the property of the police department in case the officer should leave, we would have it here for another officer to use if he wished to join the SWAT team," Stuck said. "But, Mr. Terrill told me that the check was the property of the MPOA and they could use it any way they wanted to use it. Once again they used this incident to further their cause."

Stuck said that during his administrative leave he received hundreds of pieces of correspondence, faxes and messages to sort through, and he found it "highly disturbing" that the officers didn't just go look for the check but instead appeared to plan the situation ahead of time to further their cause.

Also, Stuck addressed other allegations of "an appearance of impropriety" regarding his purchasing a 1995 Oldsmobile Cutlass that was obtained by the Police Department through the Drug Forfeiture Act. The chief purchased the vehicle for $1,800 through a sealed bid process, which followed the city ordinance procedure, he indicated. "Anyone had the opportunity to bid,'' he said. ”Sgt. Tim Casey was assigned to determine the fair market value for the vehicle, then pass the information on to the DPW director who turned it over to the city clerk, per the Milan city ordinance. I don't set the policy and neither do they but they'd like to as their letter states. They say I don't have the right to bid on forfeited vehicles, but anyone who has access to a newspaper has the right to submit a sealed bid. The vehicle was disposed of according to the ordinance."

Stuck said that the MPOA members characterized him as "erratic" and "irrational" but he said that two years ago he had been diagnosed with Type II diabetes. His insurance carrier changed his prescription to a generic brand without his knowledge and the change caused "tremendous" medical problems. Stuck indicated that type II diabetes affects the breakdown of sugar in the blood and can cause mood swings, fatigue among other medical complications. "At that time after discussing this with my family, and doctors, I advised my commanders of my condition, and told them what to look for if my blood sugar was too high or too low and unfortunately they abused it to say that I was acting erratically. They abused my medical condition to further their own hidden agenda.

They failed to tell you how they fail to say hello or goodbye to me in the hallway. One of them super glued the lock shut on my locker in the locker room. I've dealt with missing items from my door and office."

The final "no confidence" complaint was an accusation that Stuck threatened to place officers "on investigation" when there was a disagreement or scheduling conflict or contract issue. "They claimed I was retaliating by threatening to put them under investigation, but I don't threaten to place anyone under investigation because of disagreements," Stuck said. "I won't hesitate to act if their conduct warrants it." Stuck read a statement at the Monday night Council meeting where he addressed these issues and stated that the only persons who've spoken to him about any of these issues so far are the city administrator, Mike Czymbor, and City Attorney John Martin. At the end of the meeting, longtime Milan resident Pete Blaine said, "To me the chief has always been a good man. When you are a supervisor, you have to make some tough decisions and not everyone is going to like them. But should we let the inmates run the asylum?" Mike and Marla Stuck are determined to weather the current storm. "I have no hidden agenda. I have done nothing wrong," Stuck said. "When I leave my position, I will leave on my own—not because of these false accusations."

Retrieved January 2, 2006 from http://www.milannews.com/stories/100605/loc_20051006003.shtml

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Milan reverses dispatcher's firing - Armitage will collect pay through year's end, then resign

From the Ann Arbor News / Wednesday, December 7, 2005 / By Chong W. Phen

The city of Milan reversed the Oct. 14 firing of police dispatcher Michael Armitage and agreed to pay him through the end of year so he can resign to start serving on the Milan City Council in January. The settlement between the city and the Police Officers Labor Council was announced Monday by acting City Administrator Sherry Steinwedel during the City Council meeting. His records will be cleared of any reference to discharge. "I am very glad that this is finally resolved,'' said Armitage, 22, who was elected to a four-year term on the council last month. He said he is looking for another job in public safety outside Milan's city government since a City Council member cannot hold another city job.

Under the union settlement, Armitage will not go back to his old $29,000-a-year job because it's already filled. The unemployment benefits he has collected will be deducted from his back pay. In all, reversal of his discharge, including fringe benefits, will cost the city $3,800, Armitage said. Armitage, who is a senior in public safety administration at Eastern Michigan University, was fired by then-Police Chief Michael Stuck, who said Armitage violated department rules and regulations when he attended a city department head's farewell gathering.

In addition to firing Armitage, Stuck suspended Sgt. Tim Casey and officer Tory Terrill, president of the Milan Police Officers Association, for two days without pay, accusing them of insubordination. The three had been active in a rank-and-file drive to oust Stuck. They criticized his administrative and leadership qualities, alleging mismanagement, communication breakdowns and "erratic behavior.'' Stuck denied the charges, labeling them "personal attacks'' and "false accusations.''

Both Casey and Terrill will get back pay for the two days they were suspended. The department's top senior officer, Sgt. Peter J. Campbell, retired earlier than planned to avoid a disciplinary action. Stuck and City Administrator Michael Czymbor resigned Nov. 14, 2005 in connection with their handling of the police department upheaval. Steinwedel is serving as acting city administrator, with Casey heading the police department, until permanent replacements are named.

Mayor Owen Diaz said the settlement will allow the city to move on after the controversy. "We just want to avoid any more expenses and trouble to the city so we can start with a clean slate'' in January, said Diaz.

Chong W. Pyen can be reached at cpyen@annarbornews.com or (734) 994-6828. -

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Kardasz: Further media reports indicated that in November 2005, Milan City Administrator Michael Czymbor and Police Chief Michael Stuck resigned. John Martin, who worked as city attorney for the past several years on a contractual basis, terminated the relationship after Dec. 31, 2005.

Posted by Dr. Kardasz at 02:01 PM | Permalink

Kardasz: This sad case originated from over two dozen reports of child pornography trafficked via Yahoo and subsequently reported to the Arizona Internet Crimes Against Children Task Force through the National Center for Missing and Exploited Children. Agents from ICE played a prominent role in this investigation.

 ---------------------------------------------------------------------

Man with HIV gets prison for sex with teen

By Michael Kiefer / The Arizona Republic / Dec. 17, 2005 12:00 AM

An HIV-positive Phoenix man was sentenced to nearly four years in prison Friday for having unprotected sex with a 15-year-old boy. Thomas Herbert, 30, will also spend the rest of his life on probation, and he is scheduled to go to trial in June on 10 counts of sexual exploitation of a minor, a child pornography charge. If convicted, he could face more than 200 years in prison.

Judge Douglas Rayes of Maricopa County Superior Court scolded Herbert for exposing "a child to the risk of a disease which is always fatal and for which there is no cure." "He has caused that young man to pass the rest of his life wondering if he's going to end up with AIDS," Rayes said. Prosecutors claimed that Herbert met the victim over the Internet in 2003 and had sex with him on numerous occasions over the next year and a half. He also brought the youth to his house so that he could have sex with his housemate, Robert Price, who had AIDS.

In July 2004, the two men were indicted on 22 counts, including sexual conduct with a minor, child abuse and furnishing obscene items to a minor. In April 2005, they signed a plea agreement with prosecutors in which they each pleaded guilty to two counts of sexual conduct and one count of child abuse. The child-abuse charge, based on the fact that both men had HIV, is the more serious charge and required a prison sentence of 1 1/2 to 3 3/4 years. Because the boy was 15 years old and had willingly participated in sex, the sexual-conduct charge required only a sentence of lifetime probation.

But in June, before the men could be sentenced, they were indicted on charges of possession of child pornography and a bottle that contained a date-rape drug. Price, 38, pleaded guilty to lesser charges and was sentenced Oct. 27 to 3 3/4 years in prison. Three weeks later, he was found hanging in his cell in ! a state prison in Florence. "Every indication is that it was a suicide," said Bart Graves of the Arizona Department of Corrections. Herbert thought differently. "He was murdered," he told the judge as he awaited his sentence. The judge's words to Herbert were: "Good luck."

Posted by Dr. Kardasz at 03:48 PM | Permalink

Posted by Dr. Kardasz at 11:15 AM | Permalink