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Fl Dcf Final Report on Whistleblower Investigation on Florida Civil Commitment Center 2004

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CHIEF INSPECTOR GENL

851392113817

PAGE

STATE OF FLO.!UDA

<!&ffire of tIJe @olJernor
THB CAPITOL
TAJ.-LAHASSBE, FLQRIDA 32399·0001

www.flgov.com

JEe BUSH

860-488·7146
860·487-0801 fax

GOVERNOR

September 29, 2004

LucyHadi
Interim Secretary
Department of Children and F8.Olilies
1317 Winewood Boulevard
Tallahassee, FL 32399.Q700

RE:

Final Report on Whistle-Blower lDvestigation
elG #200405ll5ll001 & 200405140002
DIG #2004·0043.WB

Dear Ms. Hadi:
On May' 25, 2004 an investigation was initiated by the Department of Children and

Families (PCF) Olliee oflnspector Generll! (OIG) pursuant to Sections 11Z.3187 - 112.31895,
Florida Statutes (The Whistle.-Blower's Act) in response to allegations of various acts of
misconduct by employees of the Florida Civil Commitment Center (FCCC).
Allegation 1: Florida Civil Co1'1l1rd:i1nmt Center Facility Sqfety Director Tiffany Lane
andI", fabricaJ.ed, by omission or tu:tion, docunumu and/o"
videotcrpes COntal1Je4 in FCCC internal investigations, incidt!lIts, or lZVents.

falsifud, al1ered, destroyed,

Information obtained during the investigation supports' the allegation, wherein staff
involved believed that Ms. Lane either failed to document or destroyed documents that
she felt were unfavorable toward her or oertain staff members, including her own mother,
whom she supervised. The separate incidents are detailed in the report of investigation.
Allegation .2: Florida Ci1!il Commitment Center Facility Safety MllItager James
Staanton falsified, altltred~ desttoye4 andlor fabricated docUJ1U!nts contained in FCCC
inUNtQ.I investigatiQn$,

incidents, or events.

Information obtained durinZ the investigation supports the allegation. Mr. Staunton
admitted that on April 15, 2004 he changed three internal incident reports by altering
their original fonn.

Allegation 3: Therap~utic Community Coordinalot (TeC) Octavio Baez introduced an
illegal substance, marijuana, into tlte FlorUUz Civil Commitment Center with intent tQ

distribute.
Tile Whistle-blower(s) said that residents alleged that Tee Octavia Baez brought
marijuana into the facility. This allegation was referred to the Florida Department of
Law Enforcement (FDLE) on June 'lSI 2004, pursuant to s_ 112.3189(11), Florida
Statutes. The subjec~ Octavio Baez, was not intenriewed. His employment wlth FCCC

was terminated on August 9,2004.

o2

G
\ -f-....

Governor', MOltnri1llnitialive
lEA HENTOFl_ lEA IIG HEI,.P.

l_eOO·525_.31S6

132

09/29/2004

10:18

8509210817

CHIEF INSPECTOR GEN....

PAGE

Lett<::r to Lucy Hadl
P3ge2

Additional findings obtained during the investigation are outlined in the report itself.
Enclosed is the final report that was issued as a result of the investigation. The
complainant(s) was notified of the findings, and was given twenty (20) days from the date of the
report to provide additional comments. The cotnplainant(5) submitted no comments. Information
deemed confidential bas been redacted in the report.
Based on my review of the report and the appropriate recommendations made in the
"report by Inspector General Sheryl Steckler, this Office considers this case to be closed. If you
have any questions Or comments. please feel free to call me at (850) 922-4637.

JJ YourStrul~
~er

Chieflnspecl:oT General

DHokl

Enclosure
cc: Sheryl Steckler, Inspector General (w/o enclosure)

03

JebBush
Governor
Jerry Regier
Secretary

Office ofInspector General

.~.-

Sheryl G. Steckler
Inspector General

Philip E. Wilcox
Chief of Investigations

Office of Inspector General
Report of Investigation

Report By:

Investigator Kelly Summers

2004-0043-

Case: Number:

WB
Subjects:
Allegations 1 and 2: Florida Civil Commitmeut Center Facility Safety Director Tiffany LANE
and Facility Safety Manager James STAUNTON
Matters Investigated: Falsified, altered, destroyed, and/or fabricaled, by omission or action,
documents and videotapes contained in FCCC internal investigations, incidents or events:
839.13(1) and (2)(a), Florida Statutes (F.S.) and FCCC Policy and Procedure Manual, Policy B10, Ethical Conduct of Staff.

Subject:
Allegation 3:

Florida Civil Commitment Center Therapeutic Comm!IDity Coordinator Octavia

BAEZ
Matters Investigated: Introduced illegal substance, marijuana, into the Florida Civil
Commitment Center, with intent to distribute: 893.13(I)(a) F.S., and FCCC Policy and
Procedure Manual, Policy B-1 0, Ethical Conduct of Staff.

nvestigator

J&tlf:!l
'lkJ-y

Date

.

>

This report is intended for the use of the Agency to which it was disseminated and may
contain information that is exempt from disclosure under applicable law. DO NOT release
without prior coordination with the Office of Inspector General.

GLOSSARY
Case Number 2004-0043-WB
Abbreviations:

AD
CI
DJJ
DOC

ED
FCCC
FOP
FSA
FSD
FSM
FSM-I
HlPPA
HRM
IIR
Incident

OIG
Resident #1
Resident #2

Resident #3
Resident #4
Resident #5
Resident #6
Resideut #7
Resident #8
Resident #9

Resident # 10
Resident # 11
Resideut #12
Resident #13
Resident #14
Resident # 15
Resident #16

-~~==~~~~R"side!lr#1"I>C"
.~.~~

Resident # 18

Associate Director
Confidential luformant
Department of Juvenile Justice, State of Florida
Department of Corrections, State of Florida
Executive Director
Florida Civil Commitment Center'
Facility Operating Procedures (includes policies)
Facility Safety Assistant
Facility Safety Director
Facility Safety Manager
Facility Safety Manager - Interim (Acting)
Health Insurance Portability & Acconotability Act
Human Resource Manager
Incident Report
Occurred on April 15, 2004, when mental health
patient RlS # 15 was placed on I: I restrictive status
by the staff psychiatrist, after he threatened to burn
female staff. He was allowed by the security staff
to move about the facility unescorted, and
consequently climbed onto the roof of a building.
He jumped off and
. Security staff
interrupted clinical intervention to resolve the
incident.
'
Office of Inspector General

Glossary - Page Two
Resident #19
Resident #20
Resident #21
Resident #22
Resident #23
Resident #24
Resident #25
Resident #26
RlS
SVP

TA
TCC
URManager
1:1 Status

Resident ofFlorida Civil Commitment Center
Sexnally Violent Predator

Therapeutic Assistant
Therapeutic Community Coordinator
Utilization Manager
Continuous visual contact with a patient with no
more than five (5) feet of distance between the sWf

member and the resident. Resident is restricted to
his room and not pennitted freedom of movement
without staff escort.

TABLE OF CONTENTS
Case Number: 2004-0043-WB
PageslExhibits

Report Summary

1-12

Exhibits
Governing Directives
Witness Interviews
Complainant (WE 1)
Complainant (WB2)
Rick Harry, Executive Director
Harry's Sworn Statement
Robert Vaughn, Associate Director
Je1ll1ifer Haymes, General Counsel
Lynda Sommers, DCF Contract Monitor

KeIUleth Dudding, Investigator
Dudding's Sworn Statement
Debra Rodgers, Therapeutic Assistant
Rodgers' Faxed Statement
Joseph Santos, Therapeutic Community Coordinator
Sylvia Russell, Therapeutic Assistant
Henrietta Marshall, Therapeutic Community Coordinator
Johnnie Smalls, Therapeutic Community Coordinator
Donald Mosley, Facility Safety Manager
William Landers, Therapeutic Community Coordinator
Resident # 1, .
Resident #2,
Resident #3,
Resident #4,
Resident #5,
Resident #6,
Resident #7,
Shawn Smith, Facility Safety Manager-Interim
Christie Cline, Facility Safety Assistant
Thomas Murphy, Human Resources Manager
lavon Dukes, Therapeutic Community Coordinator
Eloise Jones, Facility Safety Assistant
Jorge Santana, Business Manager
David Scheid, Therapeutic Community Coordinator
John Brosnihan, Therapeutic Community Coordinator
Brosniban's Sworn Statement

A

B
C

D
D-l
E
F
G
H
H-I
1

I-I
J
K
L
M
N

o
p
Q
R
S

T
U
V

W
X
Y
Z
AA

BB
CC

DD
DD-I

Page 2 of2

Table of Contents

Jobnny Fugate, DeSoto County Sheriff

Subject Interviews
Tiffany Lane, FCCC Facility Safety Director
Lane's Sworn Statement
James Staunton, FCCC Facility Safety Manager
Staunton's Sworn Statement
Records Review
Facility Floorplan
FCCC Safety Coutrol Logs
MORR for Mini-Videotape entitled "Tape I Foxtrot"
Donald Mosley CorPorate Complaint, June 16,2004

EE

FF
FF-I
GG
GG-l

HH
II

JJ
KK

Donald Mosley Termination Letter

LL

Shawn Smith Disciplinary Letter
Henrietta Marshall Disciplinary Letter
Resident Behavior Report
Resident Behavior Report

MM

Resident Behavior Report
Dorm Log Sheets
FCCC PolicyE-15 -1:1 Observation
Tiffany Lane Disciplinary Letter

Tiffany Lane Terrnination Letter
James Stannton Incident Report, ApriJ IS, 2004
Sylvia Russell Incident Report, April IS, 2004

NN

00
PP

QQ
RR
SS
TT
UU

-vv

WW

Office of Inspector General

Case Number 2004-0043-WE

Office of Inspector General
Investigations
Report Summary
Case Number: 2004-0043-WB

REDACTED

Introduction:
The Florida Civil Commitment Center is a secure involuntary civil commitment facility,
located in Arcadia, Florida, where 450 1 sexually violent predators are housed. The
facility was established by authority of the Florida Legislature, specifically F.S. 394.910394.931. The law is commonly referred to as the Jimmy Ryce Act, which was ·signed
into Jaw on May 19, 1998, and became effective JanUllr)' I, 1999. The act categorized
certain sex offenders as "sexually violent predators," diagnosed with a mental
abnormality. The act sought to have these offenders involuntarily and indefinitely
committed to an appropriate secure facility for treatment after they have served their

criminal sentences.
During commitment, the resident must be examined at least once annually, to determine
if his predilection to committing a violent crime had changed. A multidisciplinary
clinical team, who makes a recOmmendation to the court that the resident is no longer a
danger to society, determines a resident's release from the facility.
Upon classification as a sexually violent predator, the residenr is conunitted to the care,
custody and control of the Department of Children and Families (DCF). Liberty
Behavioral Health Corporation (LBHC), located in Pennsylvania, is contracted by DCF
to provide services for this population, including a treatment program. The current
contract between LBHC and DCF began on January 1,2003, and is due to end on June
30,2005.
Former DCF Operations & Management Consultant, Lynda Sommers (retired on January
30, 2004) is the current on-site monitor via contract with DCF. Medical Services and
Health Manager Gregory Venz is responsible for oversight of the Sexually Violent
Predator Program, and is housed at DCF headqnarters in Tallahassee, Florida. DCF
leases the real property and buildings (Exhibit HH - Floor Plan) from the Department of
Corrections (DOC). The DOC maintains the perimeter of the facility, and provides
secure transport of residents to and from court proceedings and medical appointments.
The DeSoto County Sheriffs Office and the DOC have an agreement with FCCC to
respond in an emergency situation.
FCCC operates with a triad team approach, consisting of medical, clinical and security
staff. Executive Director, Rick Harry, manages facility staff. In the security area, lvfr.
Harry supervises the Facility Safety Director (FSD).' The FSD has direct supervision
over four Facility Safety Managers (FS:M), and indirect supervision over 152 other staff,
including spproximately 34 Facility Safety Assistants (FSA), 34 Therspeutic Community
The resident population as ofAugust 25, 2004.
Offenders are referred to as residents of the facility.
3 At the time oftbeinvestigation, Tiffany Lane served as the FSD.
1

2

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Office of Inspector General _

Case Number 2004-0043-WE

Coordinators (TCC), who are supervisors, and 84 Therapeutic Assistants (TA). The FSA,
TCC, and TA staff are assigned duty posts and have daily coutact with the residents.
This investigation was initiated on May 25, 2004, based on a Whistle-Blower complaint.
A second Whistle-Blower complainant was added to the investigation on July 6, 2004.

Allegations and Investigative Findings
Allegation 1:

Florida Civil Commitment Center Facility Safety Director Tiffany Lane falsified, altered,
destroyed and/or fabricated, by omis~ion or action, documents and/or videotapes
contained in FCCC internal investigations, incidents, or events.
Findings:
The information obtained supports the allegation, wherein staff involved believed that
Ms. Lane either failed to document or destroyed documents that she felt were unfavorable
toward her or certain staff members, including her own mother whom she supervised.
The separate incidents are detailed as follows:

(Note: All FCC;C residents are referred to by number in this investigation. As they are
mental health patients, their identities are confidential based on the HIPAA 4 law.)

1.

Incident
The WEI stated that on April 15, 2004, Resident (R/S) #15' was placed on 1:1 restrictive
status6 by staff psychiatrist, Robert Bellino, after he threatened to bum a female staff
member. The WEI stated that Dr. Bellino advised TA Debra Rodgers of this, and she
notified the Shift Supervisor, FSM James Staunton.
The WEI alleged that Mr. Staunton took no action to secure RlS #15. RlS #15 was
pernritted by the security staff to move about the facility unescorted. At 11:55 a.m., that
same day, RlS #15 climbed onto the roof of a building. Security staff, directed by Ms.
Lane and FSM James Staunton, rushed RlS #15 and attempted to restrain RlS #15 while
he was on the roof VVhen the security staff ran toward him, RlS #15 jumped off the
building and
The \VBI said that Ms. Lane conspired with:Mr. Staunton to cover up the errors made
during the critical incident. The WE1 alleged that security camera tapes documenting the
incident were erased or destroyed, and that this practice has occurred in other incidents.
The WEI alleged that Ms. Lane's motive was, in part, to conceal the fact that her mother,
TA Sylvia Russell, was on duty at the time of the incident. The WE I alleged that Ms.

4

Health Insurance Portability and Accountability Act, which protects the confidentiality ofmental health

r;j~n;;'5

was approached for an interview, but he was unable to provide reliable information due to his
medical health diagnosis.
6 Continuous visual contact with a patient 'With no more than five feet of distance between the staff and the
resident. Resident is restricted to his room and not permitted freedom of movement without staff escort.

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Office offuspector General

Case Number 2004-0043-WE

Russell was at 11e gate where RlS #15 climbed to the roof. Ms. Russell allegedly "simply
watched and did nothing to keep RlS #15 from climbing ou the roof." Ms. Lane did not
discipline Ms. Russell for her inaction in a critical incident.

During the incident, two security cameras captured the event on live feed into the Safety
Control Office. TA Joseph Santos said he fihued the incident with a third, hand-held
camcorder. A fourth camcorder, operated by fonner employee David Langevin?> :ti1med
the event. Mr. Santos said that on or about April 16, 2004, he viewed the videotape
(ExhibitJJ) which he shot of the incideut involving RlS #15. He said that, with exception

of approximately ten seconds of the actual incident, the tape is blank. He did not mow
who erased the Videotape or why it had been erased.

Feec Investigator, Kenneth Dudding, was assigned to conduct the internal investigation
of the critical incident. All staff who witnessed the event were requested to submit

written incident reports. Although Ms. Lane, shown on videotape, directed the actions of
11e security staff, she did not complete a report. After 11e OIG investigation began, Mr.
Harry directed her to write a report, which she used as her written statement of interview,
That report (Exhibit FF-l) was submitted on June 3, 2004, 49 days after the incident
occurred,
On April 16, 2004, Mr. Dudding requested the original incident reports from Ms. Lane.
. Ms. Lane provided him with a few at a time. Mr. Dudding also requested custody of all
videotapes of the incident. Ms. Lane told him to "get with her later," He was not able to
obtain the tapes until five days later. Mr. Dudding said he took the tapes to the library,
and wheu he viewed 110m, they had nofuing on them but "suow." Mr. Dudding called
11e Security Camera Technician, Mr. Jeffrey Persaud, Cable Network Service, ou April
16,2004. Mr. Persaud said the cameras should be working, and if there was "snow" on

the tape, someone recorded over or erased the tapes. The "snow" was not a sign that the
recorders were inoperable.

:Mr. Dudding said that Ms. Lane and :Mr. Staunton had a motive to ensure the tapes were
disabled. Mr. Dudding said the general conseusus of 11e security staff was that RlS # 15
would have eventually exited the roof voluntarily. However, Ms. Lane and:Mr. Staunton
ordered staff to "rush" RlS #15 while he was on the roof rather than involve clinical staff
to talk him down. Mr. Dudding said Mr. Stauntou told him he was justified in his actions
because RlS #15 has a history of
nail and set himself on fire.

and iliat RlS #15 was tryiug to eat a

Safety Control Log Records (Exhibit II), dated April 14, 15 and 16,2004, indicated the

videotapes were changed periodically, without incident. The logs did not reflect any
malfunction of the equipment. The April 15, 2004 log (containing the incident wi11 RlS
#15) stated that at 1325 hours (1:25 p.m.), Mr. Staunton removed Tape #71, and replaced
it with Tape #73.

1

Mr. Langevin could not be located for inteIView,

-3-

case l'1WllUt:l ~VV'·,-vv",•.r

Office oflnspector General

"~

Mr. Staunton stated that he hoped the staff videotaped the incident involving R1S #15.
He did not know there were two hand-held camcorders and two statiODary cameras taping
the incident. He said he had not viewed the tapes. He denied erasing the tapes and said
that Ms. Lane had custody of the tspes. He denied having any knowledge regarding Ms.
Lane or anyone else erasing the tapes. He recalled the incident regarding RlS #15 and
said that he saw R/S #15 on the roof cursing at staff and threatening to set himself on fire.

Ms. Lane said she had oversight of the Safety Control Office and its operations.
However, she stated she did not bow how to operate the video equipment, and that she
never handled them. Ms. Lane and :Mr. Staunton said they were unaware that the fourth
camera captured the event on fihn.
The fourth videotape, filmed by Mr. Langevin and obtained by investigators, was the
ouly tspe that documented the incident with R1S #15. That tape (Exhibit JJ) depicted R1S
#15 as he walked on the roof; calmly sat doWn, watched staff, and smoked a cigarette.
The tape appeared to capture only a portion of the incident, but at no time did R1S #15
appear to be in distress over eating a nail or setting his shirt on fire, as reported by Mr.
Staunton and Ms. Lane. The tape showed R1S # 15 when he stood up as the security staff
approached him. Audible was his waming to Ms. Lane. He told her to ten the staff to
back up or he wouldj1llI1p. The staff continued to advance toward RJS #15. He moved
toward the edge of the roof, and the tape ended. A split second later, the tape began
again and showed R1S #15 lying face down on the ground, as he moaned in pain. Mr.
Staunton handcuffed RlS #15, as Ms. Lane and other staff looked on. RlS #15 was
transported to the hospital.
FSM Donald Mosley stated that he trained Ms. Lane, before she was the FSD, on the
operation of the video equipment. Ms. Lane also stated that only she and the FSMs had
authority to remove security tapes from the Safety Control Office. As one of her
functions as FSD, Ms. Lane was required to review security tapes of critical incidents for
any actions required regarding staff perfonnance. Ms. Lane said she "wasn't interested
in seeing the tapes."
Former DCF employee Lynda Sommers is now the on site monitor for FCeC. She said
she was in her office on the day of the incident but did not observe R/S #15 on the roof.
She said she was aware of the allegations that Ms. Lane and 1v.1r. Staunton conspired to
develop a reason that justified the pursuit ofRlS #15 on 111e roof. She said she collected
the incident reports and sent them to Mr. Venz in Tallahassee. She did not have any
direct knowledge of tampering with reports or erasing videotapes.

2.

RfS #15 and Tee lavon Dukes Incident.

TA Debra Rodgers said she knew Ms. Lane "covered up" another incident involving RlS
#15. She stated that about a month or six weeks (exact date unknO'WU)8 prior to the April
15,2004 incident, she witnessed an argument with Tee JavonDukes and R1S #15.R1S
#15 spit on Mr. Dukes, and Mr. DuJ<:es punched R1S #15 in the face. Ms. Rodgers said
she wrote an incident report, and submitted' it to Ms. Lane. Ms. Rodgers said she
8

Tee lavonDukes verified the date was February 27, 2004.

- 4-

Office of Inspector General

Case Number 2004-0043-WB

overheard Ms. Lane say to Mr. Dukes, "you got your ass in hot water. I can't keep

covering for you. You better straighten up." (Note: On August 5, 2004, the investigator
saw FSA Larry Avant guarding residents in the courtyard and asked him if he had
overheard Ms. Lane and Mr. Dukes. Mr. Avant confirmed that he heard Ms. Lane '8
statement to Mr. Dukes.)
A search for Ms. Rodgers' incident report proved unsuccessful. However, Tee Javon
Dukes verified that the incident occurred (Exhibit Z). However, Mr. Dukes stated he did
not strike RfS #15.
3.
RlS #9 Incident.
Complainant, Whistle Blower #2 (WB2) said that in June 2003, Ms. Lane destroyed

evidence, including videotapes and incident reports.. During that period of time, Ms. Lane
was Interim Facility Safety Manager (FSM-I) and Michelle Allen was Acting FSD.
According to TA Sylvia Russell (Ms. Lane's mother) Michelle Allen was one of her best
. friends from high school. Ms. Lane supervised the 3 p.m. - II p.m. shift, during the
absence of FSM William Landers. RfS #9 climbed onto the roof of themailroom.Ms.
Lane had several opportunities to stop him before he went up to the roof, but failed to act.
She allowed RfS #9 to walk freely up and down the compound grounds, threatening staff,

before he climbed onto the roof
When Mr. Landers returned to work the following day, he requested the security
videotape of the incident, to evaluate staff's responses to the emergency situation. WB2
said Ms. Lane and Ms. Allen removed the tape from the Safety Control Room, and
viewed the tape in a conference room in the Administratia:n Building. WB2 said former
employee, FSA Al Davis9, observed them as they viewed the tape. After Ms. Lane and
Ms. Allen departed the facility, WB2 said she and Mr. Landers went to the Safety Control
Room to view the tape. They discovered the tape was missing. FSA Dejuana Williams,
who was assigned to the Safety Control Room, reported to them that Ms. Allen bad taken
the tape and had not returned it.
The next day, during an FSM meeting, Mr. Landers said he was accused by Dr. Robert
Briody, former FCCC Executive Director, of discrediting Ms. Allen. When Mr. Landers
objected to the allegations, Dr. Briody stated that he would fire him if he said another
word. Mr. Landers was immediately reassigned to the midnight shift.
Ms. Lane stated in her interview with the OrG that she did uot remember the RJS #9

incident. RlS #9's administrative file was reviewed and copied.. No evidence of any
incident report or disciplinary action was found. IO
. TCC Henrietta Marshall, who witnessed the event, verified that the RfS #9 incident

occurred.

Mr. Davis could not be located for interview.
Quality Improvement Manager Jean Evans verified, by phone, on August 25, 2004, that no incident
involving RfS #9 was recorded em the critical incident records.

9

10

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Office of Inspector General

Case Number 2004-0043-WE

TCC Jobmrie Smalls verified that the RlS #9 incident occurred. Rather than instruct a
security officer to restrain and retrieve RlS #9, Ms. Smalls said Ms. Lane ordered another
'resident. RlS #18 to perform that security function. Ms. Smalls said a videotape was
made of the incident. She stated her supervisor, FSM Eloise Jones, and she were exiting
the facility at the end of their shift, when Ms. Lane approached them, and placed the
above-mentioned videotape in Ms. Jones' bag. Ms. Lane asked Ms. Jones to take the
tape home "so no one would see it.
FSA Eloise Jones, who had been on extended sick leave during the investigation, was
interviewed via telephone on September 10, 2004 (See Exhibit AA). She said that she
was never given a videotape by Ms. Lane. She also stated she did not remember the'
incident of R/S #9 climbing up on the roof. She stated that she never received any
document or tape from Ms. Lane, nor was she asked to take any items' to her home to
cover up for Ms. Lane. Ms. Jones said Ms. Lane was responsible for her demotion from
FSM-l to FSA, and that she would never consider helping Ms. Lane destroy evidence.
4.
FSM Donald Mosley/FSM-I Shawn Smith Incident.
FSM Donald Mosley alleged that Ms. Lane failed to docnment an event that occnrred on
Jnne 4, 2004. After Mr. Mosley reported the event to the cOIporate office on Jnne 16,
2004, he said Ms. Lane then fabricated the documentation as evidence that she took
action.

Mr. Mosley stated that on the evening of June 4, 2004, he was the shift supervisor. He
and FSM-I Shawn Smith had an argument. Mr. Mosley assigned Mr. Smith to a post that
he did not want to work. Mr. Smith informed Mr. Mosley that Ms. Lane told him he was
not reqnired to be assigned a fixed post. Mr. Smith abandoned bis post. and then he and
bis live-in girlfriend, FSA Christie Cline, left the facility, redncing the staff level by two
persons.

Mr. Mosley said he brought the matter to Ms. Lane's attention and she assured him that
the situation would be resolved. He said Mr. Smith then called Ms. Lane, and she gave
him pennission to go on leave. He said Ms. Lane stated she did not document the
incident with Mr. Smith and. Ms. Cline. Mr. Mosley said Ms. Lane instead retaliated
against him by changingbis sbift on Jnne 6, 2004, from night to day."

Mr. Mosley issned a disciplinary action, citing Mr. Smith and Ms. Cline, for refusing a
direct order and abandoning their posts. He submitted the letters to Ms. Lane, but no
action was taken. lVIr. Mosley said that since Ms. Lane failed to take disciplinary action,
on June 16, 2004, he sent a complete package, documenting the incident, to Camille
Tanner, Vice President, Hnman Resonrces, LBHC (Exhibit KK). On Jnne 18, 2004,
when Mr. Smith and Ms. Cline returned to work, Mr. Mosley said he heard that they had
been disciplined.

JI

Mr. Mosley attended college during the daytime.

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Office of Inspector General

Case Number 2004-0043-WE

On June 18, 2004, Mr. Mosley rsported to work, and stated he was barred from entering
the facility. He was instructed to report to Mr. Murphy on Monday, June 21, 2004. He
was termirurted from his employment on June 21, 2004 for insubordination (Exhibit LL).
Shawn Smith verified that the incident occurred. He stated Ms. _Lane fabricated evidence
to cover up her mismanagement of the events on June 4, 2004. He said Ms. Lane gave
pennission for Ms. Cline and him to take "stress leave. 12" He said Mr. Murphy, the
Human Resources Manager (HRM) approved the leave. On June I I, 2004, Mr. Smith
said he called Ms. Lane to tell her that he planned to return to work on June 18, 2004.

When he called, there was no disciplinary action mentioned by Ms. Lane.
When he returned to work on June 18, 2004, Mr. Smith was issued a disciplinary letter by
Ms. Lane and Mr. Murphy for insubordination and abandoning a post (Exhibit MM). Mr.
Smith said he was angry that Ms. Lane had given him permission to leave the facility,
and then disciplined him two weeks after the incident.
Ms. Lane stated that Mr. Smith had refused to work the post he was assigued by Mr.
Mosley. She stated that she talked to :Mr. Smith and gave him permission to leave the
facility. She admitted that she did not document the incident at the time.

5. Henrietta Marshall Incident.
In September 2003, Ms. Lane destroyed a complaint written by TeC Henrietta MarshaII.
Ms. Lane instructed Ms. Marshall to secure all the residents in A-Dorm. Ms. Lane then
called all TCCs to report to F-Dorm to handle an incident. Ms. MarabaIl obeyed the
order, but was then lUlable to secure residents in A-Donn. Ms. Lane yelled and screamed
at her. Ms. Marshall said Ms. Lane's behavior was demeaning and condescending in
front of other employees. Ms. Lane also publicly threatened to fire her.
Ms. Marshall delivered the written complaint about Ms. Lane's unprofessional behavior
to her supervisor. FSM Eloise Jones. Ms. Marshall stated other employees, including TA
Delondria Cosey13 and TA Morrison, witnessed the incident and verified that she wrote
the complaint. Ms. Marshall said she was in Ms. Lane's office, and saw a copy of her
complaint in the garbage can. Ms. Marshall reported the events to Human Resources
Manager (HRM) Thomas Murphy. He referred her back to Ms. Lane. Mr. Murphy
refused to act on the allegations ill the complaint or to address the destruction of Ms.
Maraball's complaint.
Ms. Marshall reported that on the following day, September 4. 2003. she received a
written discipliuary action (Exhibit NN), sigued by Ms. Lane and Mr. Murphy. She was
disciplined for gossiping.

Unpaid personal time off (PTO). Must be approved by the supervisor.
TA Cosey verified, by phone, that she was present when the incident occurred, and that Ms. Marshall
wrote a complaint against Ms. Lane.
12

13

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Office oflnspector General

Case Number 2004-0043-WE

6. Tee William Landers Incident.
J\.fr. Landers stated that in November 2003, Ms. Lane falsely represented that he was a
threat to the facility security. She also fabricated a disciplinary action, which was
overturned by the corporate office. Mr. Landers said that he was the shift supervisor and
was ordered by Ms. Lane to change his staffing patterns to accommodate the needs of
FSA Twanda Cooper, a personal friend of Ms. Lane. He refused to comply with the
request. He asked for a voluntary demotion and his request was immediately granted by
Ms. Lane. He also asked for personal time off on that shift, which was granted. After he
departed the facility, a memorandwn from Ms. Lane was placed at the Gate Control
Station, 14 denying Mr. Landers access into the facility. Ms. Lane informed him he "was a
threat to the security of the facility." Mr. LanderS said Ms. Lane was unable to identify
the nature of the threat. On the following Monday, in a meeting between Dr. Btiody, Mr.
Vau~ Ms. Lane and himself,:MI. Landers was accused of being hostile, argumentative
and insubordinate toward Ms. Lane. He said Ms. Lane alleged that he had tom off his
shirt and threw it at her. He was suspended pending the return ofHRM Tom Murphy.

Mr. Landers said he contacted Sue Nayla, Vice President of Operations, Liberty
Behavioral Health Corp. in Pennsylvania, and explained the situation to her. He was
assured the problem would be resolved. After 13 days, Mr. Landers was allowed to
return to work. He was offered a newly created position. He was asked to supervise the
computer lab and the library as a TCC. By offering him a promotion, he felt that his
complaint to the corporate office was considered by his superiors to be justified.
In March 2004, J\.fr. Landers viewed his personnel file, and discovered a letter of
discipline for insubordination during the November 2003 incident. The letter was not
initialed or signed by his supervisor, Tiffany Lane; HRM Thomas Murphy signed it. He
was never notified of the letter or given a corrective action plan.
On Augnst 2, 2004, FCCC Executive Director Rick Harry issued a reprimand letter to
Ms. Lane (Exhibit TT). She was cited for (I) enforcing unspproved practices that were
not part of the FCCC policy and procedure manual, (2) disparate treatment ofresidents

when enforcing rules. and (3) inconsistencies in staff conduct during critical incidents.
Examples referenced were incidents where a resident jumped from the roof. IS a residenton-resident fight that resulted in a serious stabbing injury,I6 and a resident,17 while he was
in physical restraints, evading staff and damaging property. The memorandum stated that
should any further incidents occur in which staff did not follow established policy and
procedure, Ms. Lane would ''no longer occupy the position of Facility Safety Director."
On August 10. 2004. Ms. Lane's employment was terminated via return receipt letter
(Exhibit UU). The action was taken by Mr. Harry as a direct result of Ms. Lane's
d""ision and actions on August 3,2004, wherein the safety and welfare of the FCCC staff
and residents was placed in serious jeopardy. Due to Ms. Lane's actions in attempting to
14

The entrance into FeCc.

15

(RiS #15,

" CR/S #10
17 (R/S #27,

)

,)
)

- 8-

Office 9f Inspector General

Case Number 2004-0043-WE

move several residents from one housing unit to another, without sufficient resources to
accomplish the move, "a hostile and rebellious environment was created which took over
20 hours to diffuse."

Allegation 2:
Florida CMI Commitment Center Facility Safety Manager James Staunton falsified,
altered, destroyed and/or fabricated documents contained in FCCC internal
investigations, incidents or events.
Findings:
The infonnation obtained supports the allegation. Mr. Staunton admitted that, on April
15, 2004, he changed three internal incident reports (Exhibits 00, PP and QQ) by
altering their original form. He admitted that he changed the times of the incident to
coincide with the times that were on the official emergency log in the Safety Control
Office (Exhibit RR). He admitted that he did not have the permission of the report
writers, Therapeutic Assistant (TA) Joseph Santos and TA Sylvia Russell, to alter their
work. Mr. Staunton did not write his initials next to the changes that he made in their
reports. He denied changing the contents of the reports.
AD Robert Vangho inspected the incident report for the
Incident, signed by Mr.
Staunton (Exhibit VV). Mr. Vaugho stated it appeared to have been completed by two
different people since part of the narrative was in handwriting that slanted to the right and
another part was in a style that slanted to the left.
FCCC Investigator Kenneth Dudding said that Mr. Staunton admitted iliat he changed the
reports "because he could." Mr. Dudding stated thai according to policy (Exhibit SS),
residents placed on 1: 1 status are to be continuously observed with no more than five feet
of distance between the staff member and the resident :Mr. Dudding said :Mr. Staunton
had been infonned by TA Debra Rodgers iliat RlS #15 was on 1:1 status, but that Mr.
Stuanton allowed him unrestricted movement for 33 minutes before he notified staff that
RlS #15 was on the roof.

Mr. Staunton also admitted iliat he had instructed staff to change or re-write other
incident reports. However, he stated his reasoning was not to falsify informatio~ but
because they did not write complete and 'accurate reports of the incidents about which

they reported. He could not provide specific incidents to verify his admission.
:Mr. Staunton said he was aware that from 28 to 33 minutes elapsed, betWeen the time he
was notified by TA Debra Rodgers, that RlS #15 was placed on 1:1 restrictive status and
the time RlS #15 was allowed by staff to climb up on the roof. He said he was aware that
1:1 status meant that the resident was a danger to himself and must be constantly
monitored. :Mr. Staunton admitted that when he relayed. a message, by radio, to TA
Joseph Santos, to keep RJS #15 on the donn, that he did not mention the I: I status.

- 9-

Case Number 2004-0043-WE

Office of Inspector General

Mr. Staunton infonned the FCCC Investigator, Kenneth Dudding, that the reasou he seut
security'staffup on the roof to physically restrain RlS #15, was that RlS #15 swallowed a

nail and tried to set his shirt on fire. (Note: No other staff member verified this
allegation.) Mr. Staunton said he saw RlS #15 flick his lighter, as though to light his
shirt on fire. (Note: The fourth videotape showed RJS #15 lighting a cigarette.) Mr.
Staunton said RlS #15 was agitated and was cursing. On the portion of the videotape that
was not tampered with, RfS #15 walked steadily across the roof, and did not appear to be
agitated or upset. When Mr. Staunton was told there was a fourth videotape that was not
erased, he said he thought that was ''interesting.''

Mr. Staunton said he felt he had to act to use physical force to restrain RlS #15, because
the clinical staff did not eugage him euough to extract him from the roof.

Allegation 3:
Therapeutic Community Coordinator (Tee) Octavia Baez introduced an illegal
substance, marijuana, into the Florida Civil Commitment Center with intent to distribute.
Findings:
The WEI said that resideuts alleged that TCC Octavio Baez brought marijuana into the

facility. This allegation was referred to the Florida Department of Law Enforcement
(FDLE) on June 15, 2004, pursuant to s. 112.3189 (11), Florida Statutes. The subject,
Octavia Baez, was not interviewed. His employment with FeeC was terminated on
August 9, 2004.

Risk Assessment:
Interviews with staff and residents indicated that problems exist that may effect the safety
and security of resideuls. TA Rodgers (Exhibit I) stated that the majority of staff were
black and that there were racial problems among the staff Ms. Rodgers said Ms. Lane

showed favoritism toward the black employees, many of which are her friends or
relatives. Ms. Rogers stated that training was poor. There was no training for log entries,
no log in the medical department and staff was not trained in Certified Pulmonary
Resuscitation (CPR). Residents confinned that racial tensions exist between staff, and
told of incidents of residents stabbing or beating each other. Residents reported weapons,
drugs and alcohol on the compound and some alleged that staff was engaging in sexual
improprieties with resideuts (Exhibits Q, R and S). A1J these allegations did not directly
relate to this investigation, FCee Executive Director Rick Harry (or designee), was
apprised of the allegations, including contraband being introduced into the facility.

Mr. HatT.Y said that he has established a Crisis Management Committee to review and
address the procedural errors and nllstakes made by the FCCC staff in the incident
involving RlS #15. He said the result was that it was learned that three departments,
Security, Clinical and Medical were too compartmeutalized. As a result, he said his goal
is to create a Team Concept to ensure that all three departments work together,
particularly during crisis situations.

- 10-

Case Number 2004-0043-WB

Office of Inspector General

Since this investigation was commenced on May 24, 2004, Mr. Harry has addressed
critical issues presented to him, and has taken the following steps:

.• Mr. Baez was searched on May 23, 2004, but no illegal contraband was
found on his person.

•

LBHC procured the temporary services of a nationally

•

consultant, Manuel Romero, for safety and security assessment.
The FSD position was filled with an applicant with a background in
corrections. His employment is expected to begin on September 27, 2004.

lmOVlll

securitY

This applicant is from out-oi-state, and has no ties to the Arcadia
community.

•

A Resident COWlcil was established, consisting of representatives from each
housing unit. Mr. Harry and Mr. Vauglm met periodically with the council
to discuss resident issues.

•
•
•
•

Twenty-six FCCC policies and procedures were reviewed. and revised.
More revisions were expected upon approval from DCF.
Four Lead Therapeutic Community Coordinator positions were created to
assist with staff issues of accountability and supervision.
The efficiency and effectiveness of mid-level Facility Safety Managers are
being reviewed and evaluated.
Employment was terminated on two subjects, Tiffany Lane and Octavio
Baez.

Inspector General's Comments:
Allegation #1 concerning Facility Safety Director Tiffany Lane's failing to document
and/or destroying document(s) is supported.
Allegation # 2 concerning Facility Safety Manager James Staunton altering incident
reports was also supported.
Allegation #3 concerning the introduction of drugs into the facility was referred to the
Florida Department of Law Enforceroent for investigation on Jnne IS, 2004.
It is recommended the Deputy Secretary fo~ Substance Abuse & Mental Health consider
the following recommendations:
1.
2.
3.

4.

Inspect interior fencing for roof access points. Consider installing security
sections to block residents' access to the roof.
Review and revise FCee hiring, firing and promotional practices.
Ensure FCCC's adherence to CFOP 215-6, Incident Reporting aod Client Risk
Prevention, to ensure staff complete timely and accurate incident reports via
electronic incident reporting system.
Ensure FCCC nnderstands their contractual obligation to have all employees fully
cooperate with an OIG investigation.

- 11 -

Office of Inspector General

5.
6.

Case Number 2004-0043-WB

Address and investigate additional issues of safety and security.
Consider conducting background checks on employees with direct resident
contact to ensure they do not have criminal backgrounds.

7.
8.

9.

Explore ways to eliminate paper money being dispensed to residents.
Address the allegations that residents' made concerning sexual relationships
between residents and staff. Enforce current FCCC policies to ensure this
practice does not occur.
Evaluate the appropriateness of the actions of 'FIRM Thomas Mwphy who

10.

Review the termination of :Mr. Mosley and determine whether the personnel

11.

Review this report in its entirety and take appropriate corrective actions.

allegedly ignored Ms. Marshall's complaint about FSD Tiffany Laue.
action taken was appropriate.

Note: Additional concerns were raised outside the scope of this whistle-blower investigation.
Those concerns will be addressed in a separate investigation.

This investigation has been conducted in accordance with the ASSOCIA nON OF
INSPECTORS GENERAL Principles & Quality Standards for investigations.

- 12-

· GOVER:NlNGUIREenVES=·

GOVERNING DIRECTIVES
Case Number: 2004-0043-WB

.Allegations 1 and 2
1.

Chapter 839, Florida Statutes (F.S.), coutained the following quoted information
in pertinent parts:
839.13 Falsifying Records

2.

(1)

Ifany ....agent of, or contractor with a public agency, or any person
whatsoever, shall fraudulently alter, deface or falsify any minutes,
documents, books, or any proceedings whatever of or belonging to any
public office· within this state; or if any person shall cause or procure any
of the offenses aforesaid to he committee4 or be in anywise concerned
therein, the person so offending shall he guilty of a misdemeanor of the
first degree, punishable as provided in s.775.082 or s.775.083.

(2)

(a) Anyperson who knowingly falsifies by altering, destroying, defacing,
overwriting, removing, or discarding an official record relating to an
individual in the care and custody of a state agency, which act has the
potential to detrimentally affect the health, safety, or welfare of that
individual, conunits a felony of the third degree, punishable as provided in
s.775.082, s. 775.083, or s.775.084. For the purposes of this paragraph,
the term "care and custody" includes, but is not litnited to, .. ..protective
supervision ofa vulnerable adult, as defined in Chapter 39, Chapter 409 or
Chapter 4 I 5.

Florida Civil Conunitrnent Center (FCCC) Policy #B-lO, contained the following
quoted information in pertinent parts:
#B-I0 The employees of the FCCC abide by a code of ethical conduct. This
code of conduct is intended to guide employee's behavior and interactions
with all co-workers and residents.
Code ofConduct
FCCC Employees are prohibited from:
• Disseminating misleading O! false infonnation, or misrepresenting facts.

~~~---

-

~--

..

_-

Exhibit: A
May-2003

Allegation 3
I.

Chapter 893, Florida Statutes (F.S.), contained the following quoted infonnation in
pertioent parts:
893.13 Prohibited Acts
(I)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any
person to sell, manufacture. or deliver, or possess with intent to sell, manufacture, or
deliver, a controlled substance. Any Person who violates this provision commits a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.

2.

FCCC Policy #B-IO, contained the following quoted infonnation in pertinent parts:
#B-IO The employees of the FCCC abide by a code of ethical conduct. This
code of conduct is intended to guide employee's behavior and interactions with
all co-workers and residents.
Code of Conduct
FCCC Employees are prohibited from:

•
•

Bringing into the facility any item that is considered contraband
Purchasing or exchanging money with residents for goods or services

_.. - _ . _ - -.. _----_..

_._~~~~-~~~-_.

WITNESS-rnTERVIEWS= .

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
Case Number 2004-0043-WB
Person Interviewed:

Whistle Blower #1 (WBI)

MI

FIrst

Last

Title or Relationship:

Date:

(Not Shown)

Other person(s) present:

Investigator(s):

Kelly Summers and Terri Balzer
~

--'-N"o=n"e

Upon being sworn, WBI verified all the information contained in the written complaint, and
added the following statements:
Allegations 1 and 2:
FSD Tiffany Lane and FSM James Staunton tried to cover up their actions in the
(R/S #15) Incident. WEI alleges that they falsified, altered, destroyed and/or fabricated
evidence. The WBl said they directed employees to change the content of their incident reports,
and when the staff wrote reports. that Ms. Lane and Mr. Staunton did not approve of, the reports
were altered to reflect what they approved.

WB 1 alleged that security tapes docmnenting the RlS
Incident were erased or destroyed. Ms.
Lane claimed the cameras ''were not working:' WE 1 said that Ms. Lane destroyed and erased
tapes in other incidents.
Per the WEI, Ms. Lane conspired with Mr. Staunton to help him cover up the errors that were
made. WEI said Ms. Lane also covered up the inaction of her mother, TA Sylvia Russell. Ms.
Russell was on duty at the gate where RlS #15 gained access to the roof. The WBl states that
Ms. Russell simply watched and did nothing to keep RlS #15 from climbing on the roof. She
stated., "I'm a wom~ I can't do anything." WEI stated that Ms. Lane, who indirectly supervises
her mother, did not discipline or reprimand her.
WE I said that Ms. Lane conspired with other staff in falsifying information and reports that
reflected the inaction and poor management of the decisions made that reflected the safety and
security of the facility. A$ a result of the cover ups by Ms. Lane, residents and staff have been
injured.
Allegation 3:
Per the \VBl, marijuana was brought into the facility by TCC Octavio Baez. :Mr. Baez brought it
into FCCC in his lunch, and gave it to RlS
(R/S #6) and RlS
(R/S
~_ _~#, 4) Thg_distri1>u~c!.iU~th"-o-!heu:o:;1d.ents,-and Q~ected cash or IOU's in pEJ11ent. The
residents were pennitted to have loose tobacco and rolling papers; they mixed the marijuana with

Exhibit: B
CF 1948, June 2003

_

Page 2 of2
Investigators:

SummerslBalzer

Interviewee's Last Name: WBl
Case Number: 2004-0043-WB

tobacco. \¥Bl smelled the marijuana

a~

night when walking on the yard near the residents'

dorms.

Mr. Baez was scheduled by management to be searched on Sunday, May 23,2004. \VBI said on
Friday, May 21,2004, the WEI saw Ms. Lane talking to Mr. Booz behind the library for over 20
minutes. The WBI said the location, behind the library, is an out-of-the-way place to speak to· a
staff member. On May 23, 2004, when Mr. Baez was searched, no contraband was found on his
person. WBl believed that Ms. Lane warned Mr. Baez of the impending search.

Additional Information:
WB1 stated there were several employees at FCCC who had felony arrests and convictions, and

some that were on active probation. The WBl named

Tee Octavia Baez, FSM LaWanda
1

Dennis, FSMl Shawn Smith, TA Mary Whitlock, Recreational Specialist Wayne Bythwood , TA
Robbie Mosley, FSM Don Mosley, TCC Willie Dean Roe, FSM James Stallllton, TA Nika Bush,
and TA Fred Fields. The WE1 stated a criminal background history was not conducted on
employees.
On Jlllle 18, 2004, WEI reported, by telephone, that RlS
(RIS #16) admitted
that he had a sexnal relationship with employee Nika £lush. He gave the WE I the home address
of Ms. Bush. WE I said RlS #16 talked with Ms. Bush on both her home and cell phones on
numerous occasions. R/S #16 said that Ms. Bush gave him aceD phone to call her at home.
On Jlllle 27, 2004, WEI reported by telephone, that at approximately 1:00 p.m., RlS
(RIS #10) had been stabbed approximately 15 times by RlS
(RIS #11).
FSM Michelle Allen and her staff contaminated the crime scene by cleaning up the blood and
other evidence, to cover up their handling of the incident. Ms. Allen directed the suspect, RJS
#11, to "get a mop and clean up the blood in your room." WBI said there were no photos taken
and Ms. Allen, who was in charge, did Dot call law enforcement to report the crime. However,
Nurse Gordon
reported to have called the DeSoto County Sheriff to report the crime.

was

-~

---~~

I

Referred to by residents and staff as Coach Bythwood.

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
Case Nnmber 2004-0043-WB
Person Interviewed:

Whistle Blower #2 (WB2)
First

MI

Last

Title or Relatlonsbip:
Date:

Not Shown

Other person(s) present:

Investlgator(s):

Kelly Sununers and Terri Balzer

~N=on",e~

_

On June 16,2004, a second Whistle Blower Complainant was added to this case. Upon being
,sworn, WB2 verified the infonnation contained in the WB2 written complaint, and added the
following statements:

Allegation 1:
(RIS #9)(Exhibit
FSD Tiffany Lane destroyed evidence in an incident involving RlS
L). She shredded incident reports that were turned in to her by former FSM Raymond Billiter.

WB2 said the first incident involving Ms. Lane occurred in June 2003. During that time, Ms.
Lane was FSM-I, and Micbelle Allen was Acting FSD. Ms. Lane was supervising the 3 p.m. II p.m. shift, during the absence of FSM William Landers. RlS #9 climbed onto the roof of the

mailroom: Ms. Lari.,e had several opportunities to stop him before he climbed onto the roof, but
failed to act. She allowed RlS #9 to walk freely up and down the compound, threatening staff,
before be climbed up on the roof.
Per the WE2, when :Mr. Landers returned to work the following day, he requested the security
videotape of the incident, in order to evaluate staffs responses to the emergency situation. Upon
Mr. Landers' request, WB2 said Ms. Lane and Ms. Allen removed the tape from the Safety
Control Room, and viewed the tape in a conference room in the Administration Building.
Former employee, FSA Al Davis, observed them viewing the tape. After Ms. Lane and Ms.
Allen departed the facility, Mr. Landers went to the Safety Control Room to view the tape. He
discovered that the tape was missing. FSA Dejuana Williams, who was assigned to work in the
Safety Control Room, reported to Mr. Landers that Ms. Allen had taken the tape and had not
returned it.
Per the WB2, the following day, Mr. Landers asked Ms. Allen for the tape. Sbe stated that she
returned the tape to the Safety Control Room. Mr. Landers advised her that the Safety Control
Room had been searched the night before, and the tape could not be found. Ms. Allen stated,
"Don't wony, it will tum up." The tape was later discovered in the Safety Contrql Room in the
top right hand desk drawer. Mr. Landers viewed the tape, but said it had been recorded over and
was blaok.

Exhibit: C
CF 1948, June 2003

Interviewee's Last Name: WB2

Page 2 of3

Investigator(s):

SummerslBalzer

Case Nnmber:

2004-0043-WB

Per the WE2, the next day, during a FSM meeting, Mr: Landers was accused by Dr. Robert
Briody, former FCCC Execntive Director, of trying to discredit Ms. Allen. When Mr. Landers
objected to the allegations, Dr. Briody stated that he would fire him if he said another word. Mr.
Landers was inunediately reassigned to the midnight shift. Approximately one year later, Mr.
Landers was reprimanded for not officially reporting the missing tape and his concerns of
unethical behavior on the part afMs. Allen and Ms. Lane.
WE2 stated that the reason Dr. Briody "covered" for Ms. Allen, was that Ms. Allen and Ms. Lane
were best friends, and Dr. Briody and Ms. Lane were "sleeping together." WB2 stated that Ms.
Lane's husband, Fred Lane, called FCCC, and reported to FSA Jose Ventura that he saw Dr.
Briody and Ms. Lane in a hotel room. WE2 stated "that's why she got her job" at FCCC in July
2003. She went from Acting FSM to FSD. She also stated Ms. Lane was not qualified for the
position. Dr. Briody changed the job description criteria, which required a college degree, to
requiring a high school diploma. WB2 said the new criteria was a joke for a Chief of Security,
with responsibility over 400 violent sexual offenders, to have a high school diploma and no prior
management experience.
WB2 stated that Investigator Kenneth Dudding infonned the current Executive Director, Rick
Harry, of Ms. Lane's history. However, WE2 said that Mr. Harry never looked into Ms. Lane's
background to verify that she was not qualified to hold the responsible position of Facility Safety
Director. WB2 said Ms. Lane stated on her employment application that she was a high school
graduate of DeSoto Couuty High School, when she actually had a GED certificate.
The second incident involving Ms. Lane occurred when she shredded an incident report in front
of WE2 and former employee, FSM Raymond Billiter l WE2 said Mr. Billiter attempted to
submit reports of staff misconduct, such as miscounts2 and excessive tardiness. WB2 reported
that Ms. Lane shredded the reports, especially when the reports were written about staff who
were her friends and relatives.
WB2 said it was common for Ms. Lane to say she did not want to be
bothered with any issue that concerned her friends.

Allegation 3
WE2 stated that information, which would stop the flow of illegal drugs onto the compouud, had
been ignored by the administration, even when they were supplied with specific times, dates and
names of staff who bring drugs into the facility. She said the facility is, at present, a "powder
keg," waiting to "blow up."
Additional Information
According to the WB2, Ms. Lane misused her position in the hiring, promoting and disparate
treatment of staff in favor of her relatives and friends. WB2 listed the names of Ms. Lane's
relatives and friends below:

I

Mr. Billiter could not be located for interview.

Miscount _ improper counting of residents that might indicate an escape from the facility. Miscounts are critical in
a locked facility.

2

Page 3 of3
Investigator(s):

SummerslBalzer

Sylvia Russell, TA
Pamela Ruth, TCC
Lawanda Dennis, FSM
Fred Fields, TA
Michelle Allen, FSM
Twanda Cooper, FSA
Monica Wilson, FSA
Kim Washington, TA

Interviewee's Last Name: WB2
Case Number: 2004-o043-WB

Ms. Lane's mother
Ms. Lane's sister
Ms. Lane's first cousin
Ms. Lane's cousin
Ms. Lane's high school friend
Ms. Lane's high school friend
Ms. Lane's friend
Related to Ms. Lane hy marriage

WB2 said that special assignments were given to Ms. Lane's friends and relatives. WB2 said

special-assignments were those projects that did not require working a regular post for the entire
shift. WB2 said working a full shift on one post was grueling, interacting with the mentally ill
and violent resident, population.

Ms. Lane's "special assignments" freed her friends from

working those stressful posts.
WB2 said that Ms. Lane and Human Resources Manager (HRM) Tom Murphy "ran the place."
She said :Mr. Murphy conducted special investigations on staff who dared question Ms. Lane.
WB2 stated that anyoue who opposed Ms. Lane and Mr. Murphy were retaliated against. They
were either :fired, demoted, disciplined or moved to demeaning positions. WB2 said the company
hired staff who were felons, who were on criminal probation, or were former employees who
were fired or allowed to resign for cause from DOC. WB2 said Mr. Murphy was aware of their
criminal histories. WB2 said even the residents knew which staff were criminals.

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
Case Number 2004-0043-WB
Person Interviewed:

Harry

Rick
MI

First

Title or Relationship:
Date:

Last

Executive Director, FeeC

May 26, 2004, and

Investigator(s):

Kelly Swnmers and Terri Balzer

August 2, 2004
Other person(s) present:

~N=on",e,--_ _~

~

_

Mr. Rick Harry has been in his present position since January 5, 2004. He retired from the State
of Minnesota as Director of the Sex Offender Program.
Allegation 1
Upon being sworn, Rick Harry stated he had been employed by Liberty Behavioral Health Coip.
Mr. Harry said until the OIG investigation began on May 26, 2004, he had no prior knowledge of
FSD Tiffany Lane altering, falsifying or fabricating evidence or documents in any internal
investigations. Since then, several volatile incidents had occurred inside the facility, involving
the security staff, which Ms. Lane directed. He was aware that Ms. Lane's mother, TA Sylvia
Russell, and sister, TeC Pamela Ruth, were indirectly supervised by her. He stated it was not an
ideal arrangement.

On August 2, 2004, in a memorandum provided by Mr. Harry, Ms. Lane was reprimanded for (I)
enforcing unapproved practices, that were not part of the FeeC policy and procedure manual, (2)
disparate treatment of residents when enforcing rules, and (3) inconsistencies in staff conduct
during critical incidents. Cited by Mr. Harry were incidents where a resident jumped from the
roof, a resident on resident fight that resulted in a serious stabbing injury, and a resident, while he
was in physical restraints, evading staff and damaging property. The memorandum stated that
should any further incidents occur in which staff did not follow established policy and procedure,
Ms. Lane would "no longer occupy the position of Facility Safety Director."

On August 10, 2004, Ms. Lane's employment was tenrrinated. This action was taken by Mr.
Harry as a direct result of Ms.Lane's decision and actions on August 3, 2004, wherein the safety
and welfare ofllie Feee staff and residents was placed in serious jeopardy. Due to Ms. Lane's
actions in attempting to move several residents from one honsing unit to another, without
sufficient resources to accomplish the move, "'a hostile and rebellious environment was created
which took over 20 hours to diffuse."

Allegation 2__

Exhibit: D
CF 1948, June 2003

Page 2 of2
Investigator(s):

SummerslBalzer

Interviewee's Last Name: Harry
Case Number: 2004-0043-WB

Mr. Harry said he had no knowledge of FSM James Staunton altering, falsifying or fabricating
evidence or documents in internal investigations, until the results of an internal investigation, the
R/S
. Incident, revealed :Mr. StaWlton may have altered incident reports. Mr. Harry learned of
the allegation from the FCCC Investigator, Kenneth Dndding.
Allegation 3:
Mr. Harry said he heard rumors of TCC Octavio Baez bringing marijuana into the facility. He
requested that Mr. Booz be searched. On May 23, 2004, Mr. Baez was searched, but no illegal
contraband was found on his person.
Additional Information
Mr. Harry stated that he "had mnch work to do" at FCCC. He was in the process of reviewing
facility policies and procedures (FOP's). He provided a copy of the current FOP manual. As of
July 26,2004, he had reviewed and revised 21 policies, and added five new policies. Those 26
FOP's must be approved by DCF in Tallahassee. They will then be incorporated into the FOP
Manual, distributed to the department heads, who trained staff to implement the policies.
After the

Incident, :Mr. Harry established a Crisis Management Committee. The committee

revised Policy G-25, Critical Incident Response and Debriefing. Policy G-25 addressed
procedural errors and other mistakes made by the FeeC staff. Mr. Harry assessed- the
Incident as a "lack of organization," citing miscommunication among secUrity and clinical staff,
as well as an absence of a clear chain of command. He was unhappy with the actions that were
taken that day, that resulted in serious injury to a resident.
Mr. Harry said his goal was to instill a Team Concept among the three departments - Security',

Clinical and Medical. He stated at present the staff were too compartmentalized. Mr. Harry said
the facility culture in the required change to reflect the nature of the facility'_ He said that the
facility was not a prison, but a secure therapeutic facility.

Mr. Harry provided a written swom statement (Exhibit D-l).

{

tGf'('H iL'DREN
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Office of Inspector General
Investigations

VOLUNTARY STATEMENT

I,
of

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, swear or affirm that on this

l>e:mv

, 2004, in

2101:<-

day

County, State of Florida, the

attached statement consisting of _ _ page (5), each initialed by me, is given freely and voluntarily..

No promises. threats, or inducements- of any nature, whatSoever, have been made to me in order to
obtain my consent to this statement, which is true and accurate to the best of my knowledge. I

,

understand that any statement given is subject to public disclosure pursuant to the Florida Statutes.

Sigiled:

STATE OF FLORIDA,
COUNTY OF ~"'''"'-''-''-

_

"li..' !L . day of

Subscribed and sworn to (or affirmed) before me this

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Expires March 9. 2008

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dentification by Florida Driver's License
Identification by personal knowledge
Other Identification (SpecifY Type)

.. ,•. -

EXHIBIT:

D-L_

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Statement of: 12c--"''-' c-=t\!::L--'t-h"'-' ':J.:yY'-'y+Case No:

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Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
Case Number 2004-0043-WB
Person Interviewe~:

Title or Relatiouship:
Date:

June 16, 2004

Other person(s) present:

Robert

1.

Vauglm

First

MI

Last

Associate Director - Administration (AD), FCCC
Investigator(s):

Kelly Sununers and Terri Balzer

None

Upon being sworn, Robert Vaughn stated that he worked in his present position since February
2000. He bad a masler's degree in social work (MSW), and bad worked in Indiana and Florida in
the social services and mental health areas.

Allegation 1
Mr. Vaughn said he had no direct factual infonnation regarding the allegation against FSD
Tiffany Lane. He said she was "above board" and had never given him any reason to be suspect
of her activities. He indicated that Ms. Lane reported directly to the Executive Director, Rick
Harry.
Allegation 2
Mr. Vauglm said he had no factual infonnation of FSM Staunton falsifying, altering or
fabricating evidence in internal investigations. Mr. Vaughn was shown an incident report (I/R)
dated April 15,2004, written by Mr. Staunton. There were two markedly different handwtiting
styles within the report. One style slanted to the left, and one slanted to the right. Mr. Vaugbn
said it appeared to be written by two people, and thought it was an odd style if Mr. Staunton
'WI'ote it. Mr. Vauglm had worked with Mr. Staunton for four years and had experienced no
problems during that time. Mr. Vauglm was advised that Mr. Staunton adntitted that he changed
the times on the reports of the
Incident.

:Mr. Vaughn admitted there were procedural issues in the security and clinical areas that could be
improved. He said better coordination was needed between the two areas.
.Allegation 3
MI. Vaughn said he believed the allegation was true that Tee Baez broug..lJ.t marijuana into the
facility. However, he did not have any factual knowledge. He stated that:Mr. Baez was searched
on one occasion. Ms. Lane organized the search, but no contraband was found.
Mr. Vaughn advised the OIG that on August 9, 2004, Mr. Baez' employment was temlinated
from the company. He was fired for fraternizing with residents.
---~~~~-~~-

Exhibit: E
CF 1948, June 2003

Page 2 of2
Investigator(s):

SummerslBalzer

Interviewee's Last Name: Vaughn
Case Number: 2004-0043-WB

Additional Information
Mr. Vaughn was asked why HRM Mwphy conducted several internal investigatious when FCCC
had an internal investigator, Kenneth Dudding. He said "Mr. Dudding was "not very competent."
?Mr. Vaughn said, for the first time in his career, he did not talk to Mr. Dudding without another
staff member in the room. He said Mr. Dudding seemed to have a personal agenda in conducting
investigations. He said Mr. Dudding's reports had to be corrected, and his reports are
opinionated and incomplete. Mr. Vaughn produced a file, entitled "Ken Dudding." The fIle
contained three memorandwns to Mr. Dudding, dated April 21, April 23 and May 3, 2004,
regarding his job performance. There was also a copy of Mr. Dudding's investigative report on
the
Incident, which was edited and corrected by Mr. Vaughn.
Mr. Vaughn also stated that Mr. Dudding was being questioned about a breach of confidentiality,
because he told "everyone" about an investigation he was conducting. The investigation
involved money changing. I The investigation failed when the target of the investigation, a
resident, became suspicious of Mr. Dudding's involvement. Mr. Vaughn said the money
changing investigation might have succeeded, had it not been common knowledge around the
facility.

Mr. Vaughn said he was aware that some staff had felony criminal histories. However, the
decision was not his to retain or terminate their employment. He said those determinations were
made in the Liberty Behavioral Health Corporate Headquarters in Pennsylvania. He stated the
Physical Plant Manager, Russ Perkins, had an assault charge, and he knew TA Nika Bush was on
probation.
Mr. Vaughn reported that TA Nika Bush was on paid administrative leave for inappropriate
contact with a resident. She was alleged to have engaged in sexual intercourse with RiS
(RIS #16). On August 24, 2004, her employment was terminated.

:Mr. Vaughn was asked about the circumstances surrounding the recent death of RiS
He stated the cause of death was unknown. Follow up of the cause of death revealed
died of
specifically"
2

~~

- .~-

------~--.-.
~-

1 It was reported that residents cannot use a hundred-dollar bill inside the facility. It is broken down into smaller
denominations.
2 Information provided by Medical Services Director Leon Vickers, FCCC, on July 28, 2004.

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
Case Nnmber 2004-0043-WB

Person Interviewed:

_J"'e"'um=.£"er'---

Title or Relationsbip:
Date:

Joue 9, 2004

Other person(s) present:

R=._ _"H"'a"'ym=es'---

First
General Counsel, FCCC
Investigator(s):
~N=one:e'---

MI

_

Last

Kelly Suuuuers and Terri Balzer

~

_

Upon being sworn, Jennifer Haymes stated she had been employed by Liberty Behavioral Health
Corporation as the General Counsel for the FCCC, from January 2003 until the present. Her

office was located at the facility in Arcadia, Florida.
Allegations 1 and 2

Ms. Haymes stated she had. no personal knowledge of Ms. Lane or Mr. Staunton altering or
falsifying records.
Allegation 3
Ms. Haymes had no personal knowledge of any staff bringing drugs or other contraband into the
facility. She said that some residents tested
for drug use, but could not identifY specific

residents.
Additional Information
Ms. Haymes stated she received a telephone calion April 15, 2004, at approximately 10:30 a.m.,
from Assistant Public Defender Gary Welch. She said he reported that he had received a letter
from RlS
(RIS #15), that threatened female staff at FCCC. No names were given
in the letter, but it referred to "killing everyone. and burning their flesh." Ms. Haymes said she
innnediately called FSD Tiffany Lane, who was not in her office. She then called Dr. Robert
Bellino, the FCCC psychiatrist, and informed him of the threat by RlS

---- -- -

Exhibit: F
CF 1948, June 2003

..

-_._-~~-~~._~--=-=- ~ -

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
Case Number 2004-0043-WB
Person Interviewed:
Title or Relationship:
Date:

_L=yn=d=a=----

---'K=.c-_---'S=o"ID"ID"e=r=s
MI

First
DCF Contract Monitor

_

Last

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

May 26, 2004

Other person(s) present:

Investigator(s):

Kelly Summers and Teni Balzer

-'N"o"n"'e=----

_

Upon being sworn, Lynda Sommers stated she had worked for DCF for 30 years. She was under
contract with DCF as the on-site Contract Monitor for the Florida Civil Commitment Center in
Arcadia, Florida.
Allegation 1
Lynda Sommers said she was aware of the allegation that someone chang~ the dates and times
of the
Incident reports, and that FSD Lane "conspired to develop a reason" that justified the
pursuit, by safety staff, of RlS #15 onto the roof. Ms. Sommers was in her office at FCCC on
April 15, 2004, and did not observe the incident. She was told by the Maintenance Manager,
Russell Perkins, that RlS #15 jumped off the roof. She requested copies of the staff's incident
reports (l/R's) from Ms. Lane. She said she collected the reports and forwarded them to Greg
Venz, her supervisor at DCF in Tallahassee.
Allegation 2
Ms. Sommers was aware that FSM James Staunton was the day shift supervisor, but did not
personally mow him. She had no infonnation about the allegation against Mr. Staunton that he
falsified or altered documents.
Allegation 3
Ms. Sommers said that she mew a maintenance man found a bag of marijuana in one of the
housing units in the facility in December 2003. She had no other knowledge about marijuana
being brought into the facility. She stated that residents were pennitted to buy tobacco products
from the canteen in boxed fonn. She said the residents cannot have pipes, cigars or loose
tobacco. She was unaware that FCCC management pennitted the residents to have loose tobacco
and rolling papers, which they openly displayed on the grounds of the facility
Additional Information
Ms. Sommers stated that she conducted a weekly facility inspection with Ms. Lane. Any
deficiencies or improvements were reported to :Mr. Harry. Ms. Sommers said Ms. Lane was
promoted to FSD last year by the previous Executive Director, Dr. Robert Briody. She stated
thilLsince Rick Hany assumed leadershi~ at FCCC, the atmos~here was better and the facility
appeared to operate on a more therapeutic"baSis.'-Ms. Sommers said during Dr. Briody's tenme,"

Exhibit: G
CF 1948, June 2003

Page 2 ofl
Investigator(s):

SummerslBalzer

Interviewee's Last Name: Sommers
Case Number: 2004-0043-WB

the staff were afraid to talk to her, but there were "no problems" under Mr. Harry's leadership.
She said she had a good rapport with the residents.
She said DCF leases the FCCC property from Florida Department of Corrections (DOC). She
stated the State Fire Marshall inspected the facility on May 3, 2004 and fonnd fire code
violations. He conducted a re-inspection on July 19, 2004. Additional deficiencies were found,
and the original violations had not been corrected.

Ms. Sommers provided a copy of the contract between DCF and Liberty Behavioral Health
Corporation, the contract between DCF and DOC, and the Corrective Action Planl currently in
effect. She discussed. some of the deficiencies noted in the monitoring visit, such as problems
with the facility's medical records. She stated a new Medical Service Administrator, LeonVickers, had been hired by Liberty Behavioral Health Corporation, and many improvements had
heenmade.

Ms. Sommers reported the death of RlS
. reported to the nurse that he had

She said on Friday, May 21, 2004
all week. He was tested
and no problems were detected. Ou Saturday, May 22, 2004, there was
and he refused
food and liquids. He was transported to DeSoto Memorial Hospital.
was
, 2004,
fonnd. He died on

1

age

A written response to the September/October 2003 DCF Contract Monitoring Activities.

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
Case Nnmber 2004-0043-WB

Person Interviewed:
Title or Relationship:
Date:

~L".'_ _

_K=enn=e''th"First
Investigator, FCCC

MI

__=:D"u"ddin"'·=g

_

Last

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

May 26, June 4, and
June 10, 2004

Other person(s) present:

Investigator(s):

Kelly Summers and Terri Balzer

~N=on"'e'____

_

Upon being sworn, Mr. Kenneth Dudding stated he had been employed by FCCC since March
2004. He investigates internal incidents, assigned to b.i.m, by his supervisors, Robert Vaughn,
Associate Director, and Rick Harry, Executive Director. His duties also included key control
management and he is the Fire Safety Representative1, He stated he was a police officer for 21
years in Washington, D.C., a deputy in the Charlotte County Sheriffs Office, Florida for eight
years, and a private investigator for 18 months.

Allegation 1
He stated Mr. Vaughn instructed him to investigate the
Incident of April 15, 2004. Mr.
Dudding stated the incident occurred whenRiS #15 left the Medical Unit unescorted, after being
placed on 1:1 status by Psychiatrist Robert Bellino. RlS #15 climbed on the roof, and jumped off
after security staff ''rushed him" Mr. Dudding requested the security videotapes of the incident
from FSD Lane. She told him to "get with her later." He was uot able to obtain the tapes until
~_~lli

~~~~~~~~ml)--

filmed from the Security Control Office', and two sma1l. tapes, labeled "RlS #15 Incident", and
''Tape I Foxtrot" (Exhibit JJ) from hand-held camcorders operated by TA Joseph Santos and
former eruployee Langevin. When he viewed them in the library, the VHS tapes were blank, and
had nothing on them but" snow." He went to the Security Control Room to view them, but met
with the same results. The tapes were blank. He asked the Security Control Officer if the
machines were broken, and she stated that they were not broken." Mr. Dudding called the
Security Camera technician, Mr. Jeffrey Persaud, Cable Network Service, on April 16, 2004.
Mr. Persaud said the cameras should be working, and if there was "snow" on the tape, that
someone recorded over or erased the tapes.
He said he attempted to gather all incident reports \Vritten by the staff, and only received half the
requested reports. He said they were sent to his office a few at a time. He said there was no
policy on time frames for completing incident reports. He said all reports came from Ms. Lane
and that they were all copies. He did not know where the original reports were, but had since

I

2

Job Description, Investigator, FCCC
The main security office in the Administration Building that houses facility video monitoring equipment.

Exhibit: H
CF 1948, June 2003

Interviewee's Last Name: Dudding

Page 2 of3
Investigator(s):

SummerslBalzer

Case Number:

2004-0043-WB

learned that Mr. Vaughn had them in his possession. He believed that Ms. Lane reviewed the
reports and possibly changed the ones she did not agree with.
Allegation 2

Mr. Dudding said that he learned during the course afms investigation that FSM James Staunton
changed some of the staff's reports. "When Mr. Dudding interviewed him, Mr. Staunton admitted
he changed the reports, "because he could." Mr. Dudding said Mr. Staunton was very
uncooperative, and laughed about changing the reports, as if the investigation was ajoke.
On Jnne 4, 2004, Mr. Dudding delivered the aforementioned four videotapes filmed during the
Incident to the OIG.

Additional Information
Mr. Dudding said he believed the reason the tapes were erased was to cover up Ms. Lane and Mr.
Staunton's order for security staff to "rush RlS #15" while he was on the roof of the facility". On
at least two prior occasions, RlS #15 climbed onto the roof, but eventually came down
voluntarily. On April 15,2004, RlS #15 told the seenrity staff not to approach him or he wonld
jump. Mr. Stannton ordered the staff to approach him, and RlS #15 jumped off the roof of a
. },fr. Dudding stated the general consensus of
single story building. He sustained
the staffwas that if they waited, RlS #15 would have safely exited the roof of his own volition.
However, :Mr. Staunton and his security staff failed to involve the clinical staff, and pressured
him to jump. When RlS #15 jumped, Mr. Stanntou justified his actions when he said that Ris
#15 was seen eating a nail. Mr. Dudding said:Mr. Staunton revealed this information in a second
interview. They had to remove him from the roof for. his own safety. However, there were no
other witnesses who reported that RlS #15 ate a nail.' Mr. Dudding stated two staff, TA Christy
Villegas and TeC David Scheid, verified that Mr. Stannton made this jnstification.

Mr. Stannton's Incident Report, dated Apri115, 2004, displayed two different handwriting styles.
Mr. Dndding alleged that someone assisted Mr. Stauutou to write it. He said that FSA Christy
Villegas, who witnessed the incident, is reluctant to talk, for fear of reprisal by Ms. Lane and Mr.
Staunton.

RlS #15 reported to Mr. Dudding that $3,500 was placed in his resident canteen acconnt, and he
was forced to sign a company release regarding the April 15, 2004 incident. 4
Each resident dormitory had NO ca.rneras - a revolving, stationary security camera, and a handheld camcorder, used to document incidents, searches and other unusual events. Mr. Dudding
Incident with a hand-held camera, and the ,maintenance
said TA Joseph Santos filmed the
man filmed it with a separate camcorder.

Mr. Dndding said RlS #15 was placed ou 1:1 statns, by the psychiatrist. Dr. Bellino, since he was
a danger to himself and others. 'He explained that 1: 1 meant that the resident was placed in his
room and observed by a staff member, who was stationed outside the door. According to FCCC
3
4

A re-view of the videotape did not show RJS #15 eating a nail or setting his shirt on fire.
A printout ofRlS #15's account did not reveal a $3,500 credit

Page 3 of3
Investigator(s):

Interviewee's Last Name: Dudding

SummerslBalzer

Case Number: 2004-0043-WE

Policy E-15 (Exhibit 8S), the resident's behavior was continuously observed, with no more than
five feet of distance between the staffmember and the resident.
Mr. Dudding said that TA Debra Rodgers, who was on duty in the Medical Unit, told Mr.
Stauoton that Dr. Bellino ordered 1:1 status on R1S #15. Mr. Stauoton left R1S #15 alone and
allowed him unrestricted movement for 33 minutes before he notified other staff. :MI. Dudding
explained that the times of the incident were altered by Mr. Staunton in an attempt to account for
the 33-minute lapse that R1S #15 was not placed on I: I restrictive status.
Mr. Dudding provided a written sworn statement (Exhibit H-1).

...................................................... ..

~

.

l'@("c'HILAPREN

Office of Inspector General
Investigations

&. FAMILIES

VOLUNTARY STATEMENT

I,
of

}<i.,uA
\'\I\.o.-y

L

I

0. u:QA .' ,Aft
,2004, in

' swear or affinn that on fuis J. b
day
(k S",j--o
County, State of Florida, the

attached statement consisting of _ _ page (5), each initialed by me, is given freely and voluntarily.
No promises, threats, or inducements of any nature, whatsoever, have been made to me in order to

obtain my consent to this statement, which is true and accurate to the best of my knowledge. I
illlderstand that any statement given is subject to public disclosure pursuant to the Florida Statutes.

Signed:

STATE OF FLORIDA,
COUNTY OF ..e1Ji""stfio&'!.:"-----'-

/-ditMu'-"'=-"
'- ,=:5
_

Subscribed and sworn to (or affinned) before me fuis

Ol<e

,2004

day of

......~y ,. ...e
Terri E. 'Batzer
f\j~
*
'. _~ Commission # DD298527

\,

J,f Expires March 9, 2008

(}lame of

Identification by Florida Driver's License
Ideutification by personal knowledge
Other Identification (Specify Type)

CFl7I4, April 9, 2003 (previous editions are obsolete)

~
-,

. ,

•

'

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
Case Number 2004-0043-WB

L.

Person Interviewed:

Debra

Title or Relatiouship:

First
MI
Therapeutic Assistant (TA), FCCC

Date:

June 4, 2004 and

Investigator(s):

Rodgers
Last

Kelly Suuuoers and Terri Balzer

June 18, 2004
Other person(s) present:

-'N=one:e'-

-'---

_

Upon being sworn, TA Debra Rodgers stated she had been employed at the FCCC since
September 2002. She has been on light duty since December 2003 due to a work-related
lDJury·
Allegation 1
Ms. Rodgers stated "if there was a cover-up at the facility, FSD Lane was involved." Ms.
Rodgers cited the following incidents involving Ms. Lane:
On April 15, 2004, when RlS #15 jumped off the roof, Ms. Rodgers was working in the Medical
Department. She saw TA Sylvia Russell, Ms. Laue's mother, posted at the F-Dorm gate. Ms.
Russell called for all available staff. RlS #15 climbed from the F-Dorm gate on top of the roof.
Ms. Rodgers said that Ms. Russell did nothing to stop RlS # 15 from accessing the roof. Ms.
Lane did not discipline her mother for her negligence.

Ms. Rodgers said she knew Ms. Lane and FSM James Staunton changed the times and some of
the wording on the incident reports to coincide with one another. She knew they altered the
reports because all staff who wrote reports discussed it. Ms. Rodgers stated there was a cover-up
because "no one did their job." She said Ms. Lane and Mr. Staunton had to cover up the
incompetence of the staff and their lack ofleadership.
Subsequent interview June 18, 2004 by phone (not sworn), Ms. Rodgers stated that she knew
FSD Lane covered up another incident involving RlS #15. She stated that about a month or six
weeks (exact date uukoown) prior to the April15, 2004 incident, when RlS #15 jumped from the
roof, another iucideut occurred. RlS #15 had an argumeut with TCC Javon Dukes. RlS #15 spit
on Mr. Dukes, and Mr. Dukes punched RlS #15 in the face. Ms. Rodgers saw the incident and
wrote an' Incident Report (I/R) and turned it in to Ms. Lane'. Ms. Rodgers said she and FSA
Larry Avant overheard Ms. Lane say to Mr. Dukes, "You got your ass in hot water. I can't keep
covering for you. You better straighten it up."

1

No incident report was found, but Mr. Dukes verified that a different version ofthe incident occurred.

Exhibit: I
CF 1948, June 2003

Page 2 of3
Investigator(s):

Interviewee's Last Name: Rodgers
Summers and Balzer
Case Number: 2004-0043-WB

Ms. Rodgers stated that several of her reports had been shredded by Ms. Laoe, aod that she did
not keep copies of them. She remembered one incident where she and Tee William Landers
were doing a walking through F-Dorm. They saw a resident "gunrring.,,2 Ms. Rodgers wrote a
report and turned it in to Ms. Lane, who refused to sign it, because there was a portion of the
report she dido't agree with.

AUegation 2
Ms. Rodgers stated that Mr. Staunton chaoged times aod w.ording on the iocident reports written
by staff. She did not understaod why aoythiog had to be changed on the reports, sioce the staff
simply reported their observations of an incident.
Ms. Rodgers was on duty io the Medical Department on April 15,2004, when RJS #15 came io
to see Dr. Bellino. He was examioed by Dr. Bellioo, who told her that he had placed RJS #15 on
I: I statos. Ms. Rodgers waited with RJS # 15 until the II :00 am count' was completed. She
allowed him to smoke a cigarette while they waited. She stated that while he smoked, he
threatened to burn her.

Ms. Rodgers did not wait for staff to escort RJS #15 to his dorm. She called TCC Caodelario
Morales "for a visual." She said a "visual" meant that Tee Morales -could see RlS #15 as he
She admitted that RJS #15 should not
walked from the back gate to his housing unit,
have left the Medical Unit without an escort, due to his 1:1 status. However, she was unable to
leave her post to escort him. She watched him until he arrived at -Dorm. At 11:19 a.m. or
11 :20 a.m., she called Mr. Staunton aod asked to meet him outside the Medical Unit She
advised him of Dr. Bellioo's order to place RJS #15 on 1:1 statos, aod then advised TA Joseph
Santos in ~Donn.

Over an hom later, Mr. Staunton contacted her on the radio, and instructed her to bring a
stretcher aod ao Emergency Kit to the front of the buildiog where RJS #15 had jumped. She
asked Marjorie Raoger, RN aod Mary Ann Bevaos, LPN for the equipment; they refused to get it
for her. They asked "has he (R/S #15) jumped yet?" Ms. Rodgers said they did nothiog to assist
her. Ms. Rodgers said she aod RJS Phillip Ennis (R/S #16) got the stretcher. One of the nurses
then placed the Emergency Kit on the stretcher. Ms. Rodgers took the equipment to the back
gate. She said the nurses indicated that "until he jumps, it's not our problem," and they went to
lunch.
Allegation 3
Ms. Rodgers heard rumors that TCC Octavio Booz bronght drugs ioto the facility, aod that he has .
a criminal record. However, she had no personal knowledge of either activity. She also heard
rumors about the Coach (Wayne Bythwood) briogiog drugs into the facility. She said there was
no random drug testing for employees.

A slang term fOJ; masturbating, used by staff and residents.
Official Counts are conducted throughout the day to ensure all residents are accounted for. Movement throughout
the facility is stopped until the count clears. Regular movement is then resumed.
2

3

Page 3 of3
Investigator(s):

Interviewee's Last Name: Rodgers
Summers and Balzer
Case Number: 2004-0043~\VB

Additional Information
On June 9, 2004, Ms. Rodgers said she went to see Ms. Lane and Human Resources Manager
Tom Murphy. She complained about Mr. Dukes' rude behavior to other staff, and his
inappropriate.conduct over the radio. She stated Ms'. Lane "doesn't make a move without Mr.
Murphy." Ms. Lane told Ms. Rodgers that she was aware of the situation and would take care of
it. Mr. Murphy said nothing. Ms. Rodgers did not know if any action was taken against Mr.
Dukes.
Ms. Rodgers stated that Mr. Murphy and Ms. Lane "run this compound," and that nothing
happens without their approval. She was fearful that if they learned of the statements she made
to the OIG investigators, there would be retaliation against her. She provided the follo'Wing
observations:

Ms. Lane was not qualified for her position based on the decisions she makes. Ms. Rodgers said
she is concerned for the safety of the staff and residents. She said Ms. Lane displayed favoritism
towards her mother and sister. She said, "you can't get promoted if you are white, or an honest
person."

In 2003, she asked Mr. Murphy for EEOC' complaint forms, but he refused to give them to her.
When she injured
she asked him for FMLA5 forms and he refused her again. She
obtained a doctor's statement, with instructions regarding her work capabilities, and asked for an
assigurnent that would fit her medical limitations. She told Mr. Murphy she called her lawyer,
and was advised to tell him to "either fire me or comply with the rules." Mr. Murphy asked her
where she wanted. to work and to work it out with Mr. Carlucci, her supervisor. Ms. Rodgers
said she was treated unfairly and harassed by Mr. Murphy in retaliation for a pending civil
lawsuit she has against the facility.
Residents are cursed at opeuly by staff. Ms. Lane allows the bad language.
There were racial problems among the staff. Fifteen percent of the staff were white. Ms. Lane
showed favoritism toward the black employees, many of whom are her friends or relatives, when
assigmnents were made.
Training for staff was poor. There was no training for log entries6• There was no log in the
Medical Department, to document daily activities. When asked what training she had., she said
7
there was one week of pre-service training, including two days of Team Traini..'1.g. Ms. Rodgers
said the Team Training was a joke. She was not certified in CPR She did not believe Ms.
Lane or any of the supervisors had any management training.
Ms. Rodgers provided a faxed written statement (Exhibit I-I).

Equal Employment Opportunity Commission, a federal agency that oversees civil rights claims.
Family Medical Leave Act.
,
6 A chronological history of facility movement and activity, which is recorded in bOlUld log books.
7 A form ofUse of Foree training.
4

5

@C'HILDREN

& FAMILIES

Office ofl..'P"cttrr Ge..eral
Investiga6<ms

VOLUNTARY STATEMENT

~ \...:h D6~-C:\

I,
of

:s~

_

,

O(j4, itt

, swear oufliIm fuat on fbis

'i)e.so-\,.,

'-\,...... ,
dlty
'. County, State of Florida, the

attached $>tement consisti"g of _page (s), each initialed by me, is giVO!l freely and ""funtarily.
N£J pmmises~ threats~

O'r

inducements of any nature,. whatsoever~ haw'e been made to IDlf' in otde:t to

obtain my cm=nt to lfris statement, whiob i. trne and accurate to the best of my koowledge. I

understand tbat any statement gm.,. is ~ to p<Iblic disclOSlm> pmsuant ro tlle Flarid& SlaMes.

SjgeP<t~~8,tp===
J

"

STATE OF FLORIDA.
COUNTY OF

Subscribed and """"'" to (..- aflirmed') befr>te me lfris _ _ doyof _ _ _ _ _ _ ,2004

,

ldentificlrtiOlil by Florida Drive<'s U ldentiftoari<m by personal knowledge

0lIte:r Identification (Specify Type)

EXHiBIT:

r-J.~_

(

Statement of:

~i'(,o .. L~<tf'~

Case No:

--=2""O()4...=---_ _~

Page

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l
of_

Office of Inspector General
Investigations
MEMORANDVM OF INTERVIEW
Case Number 2004-0043-WB
Person Interviewed:

Joseph

Title or Relationship:

First
MI
Therapeutic Assistant, FCCC

Date:

June 25, 2004

Other person(s) present:

F.

Investigator(s):

Santos
Last

Kelly Sununers and Terri Balzer

_N=o"'ne"---

_

Upon being sworn, Joseph Santos stated he was employed by FCCC from August, 2001 to
January 2002 as a TCC. He left to work with the Florida Department of Juvenile Justice (DJJ) as
a correctional officer, and returned to FCCC, where he had worked as a TA since January 2003.
Allegation 1
He had no direct lmowledge of FSD Lane altering, destroying or fabricating evidence in internal
investigations. He said that Ms. Lane was in charge of security, and had responsibility over the
Main Control Room and all security video equipment. He said he was not surprised that the
tapes in the RlS
Incident were erased or taped over.

Mr. Santos said that on April 16 or 17, 2004, he viewed a videotape, which he shot of the RlS
Incident, which occurred on April 15, 2004. With the exception of approximately ten
seconds of the actual incident, the tape is blank. Mr. Santos said he did not erase the tape, but
"someone did." He did not lmow who erased or tape:d over the videotape. He checks the camera
daily to ensure there is a tape in it, and it is operable. He kriew when he viewed the tape that
someone changed the tape, erased or taped over it. When he was asked if he lmew why someone
would erase the tapes, he said that he did not.
Allegation 2
Mr. Santos verified that he wrote two Resident Behavior Reports l , both dated April IS, 2004,
regarding the RlS
Incident. Both reports had been altered. He said the times on Report 00
had been changed in two places, from 12:30 p.m. to 11:50 a.m. On Report PP, the times were
changed in three places:
(I) Time of Incident- changed from 12:00 p.m. to 11:50 a.m.
(2) Observed Behavior - changed from 12:00 p.m. to II :50 a.m.
(3) TimelDate of Report - changed from 1330 hrs. to 1430 hrs.

Mr. Santos indicated no one had his pemtission to change any infonnation in his report. He said
that Mr. Staunton instructed him to write a second incident report, which he did that documented

I

Incident reports involving FCCC residents, which are placed in their clinical and administrative files.

Exhibit: J
CF 1948, June 2003

Page 2 of3

Investigator(s):

SummerslBalzer

Interviewee's Last Name: Santos
Case Number: 2004-0043-WB

the entire RlS
Incident. Mr. Santos said that on April 15, 2004, his immediate snpervisor
was Tee Javon Dukes, and the Shift Supervisor was FSM James Staunton. He said his reports
were turned in to Mr. Dukes.

Mr. Santos reported that on April 15, 2004, his assigned duty post was in Dorm Control', the
honsing residence ofRiS
According to -Dorm Log Entries, RlS
left the dorm at 10:40
a.m. He said he heard TA Debra Rodgers, report over the two-way radio, that RiS
was upset
and was 'on his way back to -Dorm. Mr. Santos' log entry, written at 11 :24 a.m. indicated RlS
"back from Medical." Mr. Santos called Mr. Staunton on the telephone and asked for
". Mr. Santos said Mr. Staunton was not sure and would get
clarification on the status ofRlS
back to him. Mr. Santos said Mr. Staunton did not call back. Mr. Santos wrote an entry into the
logbook at 11:30 a.m. as follows:

"RlS

is to stay on the dorm due to incident in Medical per StautteD (sp.)"

Mr. Santos said while'he was in the Control Room, he last saw RlS
leave to smoke a
cigarette, and he was "okay." At approximately 12:30 p.m., Mr. Santos heard TA Sylvia Russell
call for "all available staff to ·Dorm Gate." He grabbed the hand-held video camera and ran
up on the roof. Mr. Santos said he taped for 20 minutes until the
outside to observe RlS
battery lost power. No other batteries were available at the time.
Allegation 3

:Mr. Santos knew that marijuana was on the facility grounds because he smelled it. He also
observed the residents' behavior, and their eyes showed signs of drug use. He stated he had been
trained to recogni2;e the signs of drug use. He received this training dming his employment with

DJJ.
Mr. Santos stated that it was common knowledge on the compound that Coach Wayne Bythwood
bronght contraband, drugs and alcohol, into the facility "every day." He also reported that TCC
Octavio Baez brought marijuana into the facility.

Additional Information
Mr. Santos stated that unless an employee is a friend or relative of Ms. Lane, or unless ''you are
black," promotional opportunities were not available. He stated that Ms. Lane supervised her
mother, TA Sylvia Russell, her sister, TA Pamela Ruth, as well as several unnamed cousins. He
stated that Ms. Lane's mother, TA Sylvia Russell, "did nothing that day" to stop RlS
from
climbing onto the roof. He said that Ms. Lane took no disciplinary action against Ms. Russell for
her inaction in a critical incident that resulted in injury.

:Mr. Santos stated the facility is unsafe for the following reasons:
1.
Knives and other weapons are rumored to be on the compound.
~~===-2-.----TIle metal-detector was'"notus-e-d-W-scre-en~mpiDyeeriorcorrtraband:~-3.
More resident and employee searches should be conducted.
2

Control is the security room inside each dorm, manned by FCCC staff.

Interviewee's Last Name: Santos

Page 3 oB

Investigator(s):
4.

5.

SummerslBalzer

Case Number:

2004-0043-WB

Female staff spend too much time fraternizing with residents, at times talking two
hours or more. An example was TA Marcia Moody, who talks with RfS
The female staff displayed inappropriate behavior by touching,
standing too close to and talking with the residents.
There were no policy and procedure manuals available to staff. There was no

consistency in the application of the policies.
6.
7.

Human Resources did not conduct criminal background checks on the employees.
Contraband, including cell phones, was brought into the facility through the mail
room.

_

... ~ ~ - ~ -

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
CASE NUMBER 2004-0043-WB
Person Interviewed:

Sylvia

Title or Relationship:

First
MI
Therapeutic Assistant (TA), FCCC

Date:

August 5, 2004

Other person(s) present:

G.

Russell
Last

Investigator(s): Kelly Sununers and Terri Balzer
--'N"o"ne""-

_

Upon being sworn, Sylvia Russell said she had worked at FCCC since Jannary 7, 2002.
Allegation-}
Ms. Russell stated she did not believe her daughter, FSD Tiffany Lane, would alter Or falsify any
documents.
Allegation 2
Ms. Russell was advised that her incident report dated April 15, 2004 (Exhibit WW), which
referenced the R/S
Incident, bed been altered. She inspected the report during interview.
She stated she did not change it, give pennission for anyone to change it, or see the report after it
had been altered. She said the time of incident was altered from II :20 a.m. to II :50 a.m.
Additional Information
On April 15,2004, Ms. Russell stated her duty post was at the -Dorm Gate. During the lunch
period, residents were entering and exiting the gate. She was sitting in a chair in front of the
gate. She stated she was not asleep. She heard FSM James Staunton's voice on the radio,
advising ·Donn staff not to allow RlS
to leave the dorm. She then saw RlS
coming
through the gate. She asked him where he was going. He said, "I'll show you where I'm going."
She said she attempted to verbally redirect him. He put his foot on the gate and began to climb
up. TA Lonnie Rodgers was running towards them, and he reached up and grabbed RlS
's
foot. Ms. Russell said R/S
told Mr. Rodgers, "tum loose. I'm coming down." When Mr.
Rodgers let go of his foot, R/S
climbed up on the roof.
Ms. Russell then called on the radio for all available staff to respond. FSD Tiffany Lane
instructed everyone, over the radio, to secure the residents inside their rooms. Ms. Russeli said,
"'eventually they all went inside." Ms. Russell said she saw RlS
jump off the roof after the
staff located on the roof, moved toward him.
Ms. Russell said she did not know that R/S
incident.

was on restricted I: 1 status at the time of the

Exhibit: K
CF 1948, June 2003

Page 2 of 2
Investigator(s):

SnmmersIBalzer

Interviewee's Last Name: Russell
Case Number: 2004-0043-Wll

Ms. Russell stated the members of her family that work at the facility are her daughters, FSD
Tiffany Lane and Tee Pamela Ruth; a paternal second cousin, TA Shawana Jones; and a
maternal first cousin, TA Fred Fields. She said some of Ms. Laue's frieuds also work at FCCC,
including FSA Michelle Allen, a high school friend.

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
Case Number 2004-0043-WB

C.

Person Interviewed:

Henrietta

Title or Relatiouship:

First
MI
Last
Therapeutic Community Coordinator (TCe), FCCC

Date:

August 2, 2004

Other persou(s) present:

Investigator(s):

Marshall

Kelly Summers aod Terri Balzer

~N=on",e,--

_

Upon being sworn, Henrietta Marshall staled she worked at FCCC since November 15, 2000, as
a TCC.
Allegation 1
Ms. Msrshall stated she witnessed FSD Tiffaoy Laoe when she destroyed documents, threw away
a written complaint against her, and "made videotapes disappear."
Ms. Marshall cited ao incident in early 2003, when RlS #9, climbed up on the roof. FSM
(RIS #18) to
Michelle Allen was in charge. Ms. Allen allegedly instructed RlS
get RlS #9 off the roof. She said a resident cannot be instructed to act as a staff member. The
directive to RlS #18 was captured on videotape. Unfortunately, Ms. Marshall said the tape
disappeared. She said Ms. Eloise Jones had the tape at her home.
10 September 2003, Ms. Marshall wrote a complaint against Ms. Laoe for unprofessional
behavior. Ms. Lane instructed her to secure all residents in A-Donn. Ms. Lane then called for all
TCC's to report to -Dorm. Ms. Marshall obeyed the order. Ms. Marshall said Ms. Laoe yelled
and screamed at her, showed disrespect in front of other employees, and threatened to fire her.
Ms. Marshall delivered the written complaint about Ms. Lane to her supervisor, FSM Eloise
Jones. Ms. Marshall stated other employees, including TA DelonOOa Cosel aod TA Morrison,
saw the incident and verified that she wrote the complaint. Ms. Marshall asked Ms. Lane for a
copy of the complaint since she had not kept a file copy. While Ms. Marshall was in Ms. Laoe's
office, she saw the complaint form in the trashcan. Ms. Marshall reported the events to Human
Resources Maoager (HRM) Thomas Murphy. He referred her back to Ms. Laoe aod refused to
act on the allegations in the complaint.
Ms. Marshall reported that on the following day, September 4, 2003, she received a written
disciplinary action (Exhibit NN), sigued by Ms. Laoe aod Mr. Murphy. She was disciplined for
Gossiping.

I TA Cosey verified, by telephone, that she was present for the incident, and that Ms. Marshall wrote a complaint
against Ms. Lane.

Exhibit: L
CF 1948, June 2003

Page 2 of2
!nvestigator(s):

Interviewee's Last Name: Marshall
Summers and Balzer
Case Number: 2004-0043-WB

Ms. Marshall stated that Ms. Lane falsified her employment application, in fuat she reported
graduation from DeSoto County High SchooL Ms. Marshall said she knew fuat was not true. She
remembers that Ms. Lane "got pregnant, and quit school. She mayor may not have a QED."
Allegations 2 and 3
Ms. Marshall provided no infonnation regarding these allegations.

Additional Information
Ms. Marshall said Ms. Lane misused her position by disciplining employees for petty reasons,
and not disciplining fuose who put fue facility at risk. Ms. Lane did not like· Ms. Marsball
because she complained about her unprofessional behavior. Ms. Lane told her she would never
be promoted. Ms. Marshall said she has a bachelor's degree, but she has never been promoted.
She said Ms. Lane used her position to hire, fire and promote her friends and relatives.
Ms. Marshall said fue staff knew not to complain about Ms. Lane's mofuer, TA Sylvia Russell.
During fue R/S
Incident, Ms. Marsball observed Ms. Russell sitting in a chair at F-Dorm
Gate. Ms. Marshall heard Mr. Rodgers tell Ms. Russell over the radio, to secure fue gate and not
to let
out of the gate. Ms. Marshall said she watched as Ms. Russell just sat there and did not
move. Ms. Marshall said she believed Ms. Russell was asleep, as she often was. She said FSM
Jerry Bove knew Ms. Russell slept on duty, but did not initiate disciplinary action because she
was Ms. Lane's mother.
Ms. Marshall said because of Ms. Russell's inaction, RlS
was allowed to climb up on the
;roof, which ultimately resulted in a broken ankle when he jumped off the roof.
Ms. Marshall said Ms. Lane misused her position by allowing FSM Michelle Allen, reported to
be her best friend, to supervise staff when she was not qualified to do so. She said Ms. Allen had
been promoted and demoted twice because of inability to provide leadership in critical situations.
Ms. Marshall said Ms. Lane misused. her- position when she hired relatives with felony
convictions, rather than more qualified applicants. She said according to a Human Resources
person in Pennsylvania, hiring requirements were no felonies allowed, must have a high school
diploma and be 19 years old. Ms. Marshall said Ms. Lane's cousin, TA Fred Fields had four
felonies; her friend, FSM Lawanda Dennis, had two felonies; and that both Ms. Lane and Ms.
Allen resigned from DOC for engaging in inappropriate behavior or sexual relationships with
inmates. :t\.1s. Marsr..all said there were other UlU1<L1!led employees with felony convictions.

Office of Inspector Gener:al
Investigations
MEMORANDUM OF INTERVIEW

CASE NUMBER 2004·0043·WB
Person Interviewed:

Johnnie

Title or Relationship:

First
MI
Last
Therapeutic Community Coordinator, FCCC

Date:

August 9, 2004

Other person(s) present:

Smalls

Investigator(s): _K=el"ly'-S"'umm==er"s'---

_
_

~N=on"'e".

After being sworn, in a telephone interview, Johnnie Smalls stated she had worked for FCCC
since November 1999. She was originally hired as a TA. She was promoted to TCC in
September 2000.
Allegation 1

Ms. Smalls stated FSD Tiffany Lane was very "nasty" to her, ever since Ms. Smalls refused to
comply 'With unethical behaviors Ms. Lane practiced.
(RJS #9) climbed up on
Ms. Smalls stated that on one occasion, date unlmown, RJS
the roof. Ms. Lane instructed RJS
(RJS #18), to follow bim up and ask RJS #9
to come do\VD..
Ms. Smalls said there was a videotape made of the incident. Ms. Smalls said she and her
supervisor, FSM Eloise Jones, l were exiting the front gate to go home, when Ms. Lane
approached them, and placed the above mentioned videotape in Ms. Jones' bag. Ms. Lane asked
Ms. Jones to take the tape home so no one would see it. Ms. Smalls said that Ms. Lane and Ms.
Jones are good friends.
Ms. Smalls cited a second incident of Ms. Lane's unethical behavior. She said Ms. Lane called
all the TCC's together in May 2004. She warned them that the State Fire Marshall was coming
to the facility to inspect for violations. Ms. Lane instructed the TCC's to ensure that the residents
complied with the rules. Ms. Smalls said the TCC's followed Ms. Lane's orders. Then Ms. Lane
spoke to the residents, and told them that after the State Fire Marshall left, they could revert back
to their old behavior, and put all flanunable items back on the wall.
Ms. Smalls said she was furious with Ms. Lane, and confronted her on the unethical behavior.
She said Ms. Lane apologized. However, there were no changes to comply with the State Fire
Marshall's orders, and everything went back to normal. Ms. Smalls said that when the State Fire
Marshall re-inspected the dorms, the same violations were found.

_.

======-'--.__.

---=-=-=~. : ::=:-_
..
1

:Ms. Jones was later demoted to FSA.

Exhibit: M
CF 1948, June 2003

Page 2 on
Investigator(s):

Summers

Interviewee's Last Name: Smalls
Case Number: 2004-0043-WB

Allegation 2
Ms. Smalls had no information regarding the allegation against FSM James Staunton. She said
he was a "straight guy," who didn't al10w any "foolishness."
Allegation 3
Ms. Smalls had no information regarding this allegation.

Office of Inspector General
Investigations
MEMORANDUM ,OF INTERVIEW
Case Number 2004-0043-WB

Person Interviewed:

Donald

Title or Relationship:

First
MI
Facility Safety Manager, FCCC

Date:

June 16, 2004 and

R.

Investigator(s):

Mosley

Last

Kelly Sununers and Terri Balzer

June 19, 2004
Other person(s) present:

_N~o,"ne,,---

_

Upon being ,sworn, Donald Mosley stated he had been employed by FCCC since March 2000, as
a Facility Safety Manager, He supervised approximately 30 staff on each shift, He was
previously employed by the DOC for lOY, years,

Allegations 1 and 2
FSM Mosley stated that FSD Lane and FSM Stauntou changed times and report content of the
lneldeut which occurred on April 15,2004. He also said that TCC William Landers
reported to him that Ms, Lane and FSA Michelle Allen erased the security video tapes that
showed the entire incident where
jumped off the roof. Mr. Mosley also stated that he trained
Ms. Lane in the use of the video equipment. Her assertion that she didn't lmow how to use the
equipment to tape over or erase the tapes was false.
Mr. Mosley cited another incident that Ms. Lane falsified, by covering up the events that
occurred on June 4, 2004, Mr, Mosley was the FSM, Senior Shift Supervisor, on the night shift. I
Before each shift, the FSM assigned duty posts to all staff, He assigned FSM-I Shawn Smith to
F-DOIm, Quad II. He said Mr. Smith was not pleased with the assigmnent, because the mentally
ill residents in that dorm require an extraordinary amount of attention. Mr. Smith refused to
work the assigned unit and abandoned his post, He and his girlfriend, FSA Christie Cline, left
the facility, reducing the staff level by two persous,

Mr, Smith infooned Mr. Mosley that Ms. Lane told him he was not required to be assigned a
fixed post FSM Mosley wrote a disciplinary letter, charging Mr, Smith with abandoning his post
and refusing a direct order, Mr, Mosley said Ms, Lane and HRM Thomas Mmphy assured him
that they resolved the situation. Mr. Mosley found no evidence of resolution. He said Mr. Smith
and Ms. Cline requested "stress leave" and did uot return to work until June 18, 2004.
Mr. Mosley said because he knew Ms. Lanetook no action, he forwarded all documentation to
the corporate office for action. He faxed the infOlmation to Camille Tanner, Vice President,
Human Resources, Liberty Behavioral Health Corporation, on June 16, 20.04 (Exhibit KK,) On
I

Night shift was 6:30 p.rn. to 6:30 a.m. the following moming.

Exhibit: N
CF 1948. JUlie 2003

Interviewee's Last Name: Mosley

Page 2 of 3
Investigator(s):

Snmmers and Balzer

Case Nnmber:

2004-0043-WB

June 18, 2004, when Mr. Smith and Ms. Cline returned to work from their "stress leave," Mr.
Mosley said he heard they received disciplinary action. Mr. Mosley said Ms. Lane retaliated
against him hy changing his shift from night to day', for reporting to the corporate office.

Mr. Mosley also stated that Ms. Laue often changed the content of reports written by staff. On
one occasion, she sent a handwritten note to Ms. Mosley with a Post-it note attached, instructing
him to change the facts. He was unable to identifY the specific report

Allegation 3
Mr. Mosley does not personally know Tee Octavia Baez and could not comment on the
allegation that he brings marijuana into the facility. He did say that the search of Mr. Baez was a
joke, because of the facility's search procedures. He said usually a sealed letter from :Mr.
Murphy "appears" in his open mailbox. All employees know the envelope contains employee
search directions. Anyone can open it, and reseal it. After this interview, Mr. Mosley returned
and produced a sealed letter, with a resealable envelope. Mr. Mosley was interviewed on a'
Thursday, and the letter directed him to search an employee on the following Saturday.
On May 23, 2004, the day Mr. Baez was searched, by Mr. Mosley and FSA Vincent Carlucci, no
contraband was found. Mr. Mosley said Mr. Baez did not appear surprised that he was being
searched and he was very cooperative.

Additional Information
Mr. Mosley verified that FCCC Policy, G"6 permits a resident to be searched at any time. He
said the cOmmon practice 'of not touching a resident came from the staffs feat of the residents.
He was not surprised at the rwnor that the residents kept all their contraband on their person,
:including marijuana, since they mew they would not be thoroughly searched by staff.
Mr. Mosley reported that recently a Nextel 1-730 battery charger was found, which indicated the
presence of cell phones, which are considered contraband, inside the facility.
He stated that written reports of critical incidents are often "lost." He cited an incident that

occurred in March 2003. Residents

were locked in a one-man

and

room in Dorm, all night. The Folger Security Keys3 required to be available in emergencies,
had been missing from March 2003 to March 12, 2004. FSM Mosley filed a complaint, about
the missing keys, with Fire Marshall Harry Krimmel! in last April or May 2003. Mr. Mosley said
he was given a disciplh""1ary letter for not notifying Ms. Lane of the missing keys.4

Mr. Mosley said Ms. Lane had no boundaries, was inconsistent, did not follow policy, and was
not qualified to hold the responsible position of FSD. He stated. at the FSM meeting last week,
Ms. Lane yelled and banged her fist on the desk in front of the FSMs. She told them she treated
her "marna and sister" just like any other employees, and it was not a problem that she supervised

- _ .....

_----~

211i:. Mosley attended college during the daytime.
3 A brand name for the large metal keys used in correctional facilities.
4 Records indicate Mr. Mosley made proper notifications.

Page 3 of 3
Investigator(s):

Interviewee's Last Name:

Summers and Balzer

Mosley

Case Number: 2004-0043-WB

her own family. He said on another occasion, Ms. Lane screamed at him because he could not
work a double shift. He stated he had already worked and gone without sleep for 48 hours.

Mr. Mosley stated that Mr. Smith directly supervised bis live-in girlfriend, Christie Cline. He
said that the chain of command is ineffective and unethical because of Ms. Lane's favoritism
toward family and friends.
Mr. Mosley said there is too much fraternization and personal interaction between male residents
and female staff.
On Juue 19, Mr. Mosley called the OIG. He stated after bis interview with the OlG on
Wednesday, Juue 16,2004, he reported to work on Friday, Juue 18,2004. He was barred from
entering the facility, and was instructed to report to Mr. Mmphy on Monday, Juue 21, 2004. He
was not placed on suspension or given a reason for this action. FSM Mosley said he believed the
action was retaliatory.

Mr. Mosley was involuutarily tenninated by FCCC on Juue 21, 2004 for insubordination.
Mr. Mosley did not provide a written statement.

_

... _--_.- . __ ._-_._._---~-

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
CASE NlJMBER 2004-0043-WB

K.

Person Interviewed:

William

Title or Relationship:

First
MI
Last
TCC, acting as Computer Lab Supervisor

Date:

July 16, 2004

Other person(s) present:

Investigator(s):

Landers

Kelly Summers and Terri Balzer
~_

_N=on"'e:::.

Upon being sworn, William Landers stated he was first employed at FCCC in January 2001, as
an FSA. In April 2001, he was promoted to FSM, and in November 2003, he requested a
demotion to TCC. His request was granted and he has worked in that position until present date.
He supervised the Resident's Computer Laboratory.

Allegation 1
Mr. Landers stated that the allegations concerning Ms. Lane were true. However, he had no direct
knowledge to corroborate the specific charge. He said Ms. Lane is very unprofessional,
unqualified for her position as FSD, and that she has misused her position in a number of ways.
Allegation 2
Mr. Landers did not provide information regarding the allegation against FSM James Staunton.
Allegation 3
Mr. Landers stated it was common knowledge that marijuana was brought into the facility by
employees, but the administration had not addressed the issue. He provided no information
concerning the allegation against TCe Octavio Baez.

Additional Information
Mr. Landers said that in November 2003, he was the FSM, the shift supervisor. He was ordered
by Ms. Lane to change his staffing pattel11$ to accommodate the needs ofFSA Twanda Cooper, a
personal friend of Ms. Lane. He refused to comply with the unethical request. He asked for a
voluntary demotion and his request was immediately granted by Ms. Lane. He also asked for
personal time off on that shift, and he was allowed to leave. After he departed the facility, a
memorandum from Ms. Lane was placed at the Gate Control Station, I denying Mr. Landers
access into the facility. When:Mr. Landers reported for work, and access was denied, he
contacted Ms. Lane, and was told he "was a threat to the security of the facility." Mr. Landers
said Ms. Lane was unable to identify the nature of the threat. On the following Monday, in a
meeting between Dr. Briody, Mr. Vaughn, Ms. Lane and himself, Mr. Landers was accused of
being hostile, argumentative and insubordinate toward Ms. Lane. He said Ms. Lane alleged that

=~~~~=--_._
...._ - _ . = = = = = =
1

The entrance into FCCC.

Exhibit: 0
CF 1948, June 2003

Page 2
of 2
Interviewee's Last Name: Landers
Investigator(s): SummerslBalzer
Case Number: 2004-0043-WB
he had torn off his shirt and threw it at her. He was suspended pending the return of Tom
Murphy, the HRM. Mr. Landers stated that due to the body language of Ms. Lane and Dr.
Briody, he was certain he was going to be fired when Mr. Murphy returned. Mr. Landers was
asked why Mr. Murphy's return was important iu firing biro, and he stated that "they don't make
a move here without Murphy."

Mr. Landers said he contacted Sue Keenan, Jr. Vice President of Operations, Liberty Behavioral
Health Corp. in PelU1sylvania, and explained the situation to her. He was assured the problem
would be resolved. After 13 days, Mr. Landers was allowed. to return to work. He was offered a
newly created position. He was asked to supervise the computer lab and the library as a Tee.
By offering him a promotion, he felt that his complaint to the corporate office was considered by
bis superiors to be justified.
In March 2004, Mr. Landers requested to view his personnel file, and discovered a letter of

discipline for insubordination during the November 2003 incident. The letter was not initiated or
signed by his supervisor, Tiffany Lane. It was signed by HRM Thomas Murphy. Mr. Landers
also found a letter of discipline signed by Associate Director Robert Vaughn, that was
supposedly initiated by Mr. S. Pirrozi, a former FSD. Mr. Landers showed Mr. Pirrozi a copy of
the letter, and was informed that Mr. Pirrozi had never seen the letter.

Office of Inspector General
Investigations
MEMO&VIDUMOFlliTERVffiW
Case Nnmber 2004-0043-WB
Person Interviewed:
Title or Relationship:
Date:

MI

Last

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

June 4, 2004

Other person(s) present:
Upon being sworn, RlS

First
Resident #\, FCCC

Investigator(s):

Kelly Summers and Tem Balzer
_

~N"o"'n"'e'_

(RiS #\), stated he had been at FCCC since

Allegation 1
RlS #\ stated he would not provide information against FSD Tiffany Lane. He said that Ms.Lane
allowed him freedom of movement around the compound that was normally not afforded to other
residents.
Allegation 2
RlS #\ stated that he witnessed the RlS
incident on April \5, 2004. He was not aware of
FSM James Staunton falsifying records in an internal investigation. RlS #\ said that on that day,
Mr. Staunton was "crazy in the face," and that he appeared very frustrated that RlS
would not
come down off the roof.
RlS #\ said that the clinical staff (psychologist Valeria Moore, PhD, Substance Abuse Counselor
Charles Rickards, and Recreational Therapist, Ezekiel Thomas) was negotiating and talkiog to
RlS
. The security staffrao toward RlS
, and he jumped off the roof. RlS #\ did not know
RlS #\ observed that after RlS
jumped off the
who ordered them to run toward RlS
roof, Mr. Staunton took charge. RlS #1 said the residents and staff discussed the incident, and
the consensus was that the security staff caused R/S
to jmnp. R/S #1 said R/S
had gone
on the roof before. However, he had come down peacefully, and there was no reason for the staff
to think this incident would be any different. R1S #1 said Mr. Staunton had a reason to cover up
the incident, because his staff handled it so poorly.

Allegation 3
. RlS #\ said he had seen marijuana in the facility, and it was brought in by the staff. He stated
that there was "more weed in this place than I had ever seen in my life." He said the "Kingpin"
of the staff was Coach Wayoe Bythwood. RlS #\ stated that Coach Bythwood obtained
marijuana for him in the past. He gave Coach Bythwood $50.00 green money, l but that he
changed bis mind and asked for his money back. RlS #\ said that the coach also brought in small
bottles of liquor and sold it to the residents.

I

Green money is slang for cash, which is prohibited contraband inside FCCC.

ExhibitP

Page2of2
Invesfigator(s):

Summers/Balzer

Interviewee's Last Name:
Case Number: 2004-0043-WB

R/S #1 said he did not know Tee Octavia Baez very well, because they "had a falling Qut." He
did not know if Mr. Baez brought marijuana into the facility.
He said TA Theresa Snow, who is assigned to the Medical Department, brought marijuana into
the facility in her lunchbox or hidden in her vagina. He stated Ms. Snow was paid by the
residents, in cash, and that the marijuana was in loose tobacco form. He said she distributed the
marijuana to the residents in F-Donn. He stated the residents pay employees between $50.00 to
$200.00 per ounce.
He said TCC Hnbert Smart also brought in illegal marijuana. RlS #1 said Mr. Smart was the
night shift supervisor, and he brought the drugs in his lunch box.

RlS #1 stated the marijuana smell is so strong during Free
smoke it to get high."

wal.l2 that "a person does not have to

Additional Information
R/S #1 said the staffwas not trained to deal with sex offenders, and do not understand the nature
of a therapeutic facility. He said the re~on the residents have illegal drugs and openly have' sex
with the female staffwas "because it's so easy." He stated there were not consistent roes, and
the roes the staff do have were not followed. For example, he said a notice appeared on the
bulletin boards that lighters are pennitted. Then a resident sets a fire, and the order is rescinded.
At the time of interview, residents were pennitted" to have as many lighters as they wish to
purchase.
He said the residents were amused that some of the staff had criminal charges and/or felony
convictions, but he did not know their names.

From 3:00 p.m. until 8:00 p.m., when the residents are allowed to walk from dorm to donn, with no restrictions.
Dmg allegations were forwarded to law enforcement.

2

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
Case Number 2004-0043-WB
Person Internewed:
MI

First
Title or Relationship:
Date:

Last

~R=es",id:::en=t-,-#2",,-,F,-,C,,C,,C,,-

June 10,2004

Other person(s) present:

lnvesrigator(s):

_
Kelly Summers and Terri Balzer

~N=o",ne=---

_

Upon being sworn,
said he had been a resident of the facility since
He·completed his DOC sentence, and was awaiting a date for a commitment hearing.
·in the work program and was housed in
He was
17 years before his conviction, and ,
for seven years.
Allegations 1 and 2
RiS #2 stated he was aware of cover-ups within the facility, but did not have any personal
knowledge of incidents that specifically involved FSD Laoe or FSM Staunton.

Allegation 3
RlS #2 said he heard that there was marijuana found on TCC Octavia Baez when he was
searched on May 23, 2004. However, he said that Associate Director Robert Vaughn had
-ordered that it be destroyed. 1
Additional Information
'When asked what other contraband was in the residents' possession, RlS #2 said, "there is
probably $10,000 in cash right now" on the compound. The money was received through the
mail and passed to residents by visitors. He said the residents kept contraband on their persons
because the staff were of the opinion that residents could not be searched or touched. 2 He said
the staff had no training regarding search procedures and no consistency in the application of the
policies and procedures. He said most were not knowledgeable of the policies and procedures.
RlS #2 said he knew that Coach Wayne Bythwood brought in alcohol to the residents because it
was discussed among them. He had no direct knowledge of drugs being brought into FCCC by
employees. However, he stated he frequently smelled marijuana on facility grounds, and knew
that use of marijuana was widespread on the compound. He denied using, possessing or buying
drugs. He said the staff looked the other way, but he knew they, too, have smelled it.

•,,_

•

Emp1oye-WCbmluctiog'tb:e~cln:tid:llOt=repor.t-aIlymarijucfound-o:n.-M1dlaez..
~ _
FCCC Policy G-6 states "an area search will consist of a thorough search of the immediate area and a pat search of
residents.
1

2

Exhibit: Q
CF 1948, June 2003

Page 2 of3
Investigator(s):

Interviewee's Last Name: Resident #2
Summers and Balzer
Case Number: 2004-0043-WB

When asked if he knew how the residents, who do not have access to cash, bought the drugs, he
said "through mail outs." He explained that "mail outs" was a money laundering system. A
resident sent in a check request form to the FCCC business office for money to be deducted from
his personal account A check was sent by the business office to a third party designated by the

resident, for payment of the marijuana.
Another money laundering system was a business called "Orders from Mom". RlS
was the owner of Orders
(RiS #20) operated the system from within the facility.
from Mom. Several residents ordered food items from the company, and requested that the

business office remit checks from their personal accounts to
in
. The foodstuffs might cost $10.00, but the check might be for $50.00 to cover the cost of
marijuana.
keeps the $10.00 to cover the cost of the food, keeps another
$'10.00 for her "handling fee," and sends the remaining $30.00 to the FCCC employee who
brought the marijuana into the facility.
RlS #2 reported that the female staff frequently engaged in sex with the residents. He admitted
he had eugaged in sex with a female staff
R/S #2 reported that medical care is lax and often ignored. He said one resident,
(RIS #21) was diagoosed by a
,specialist with
. However, the
FCCC nurses (names unknown) told RlS #21 he "dido't need the procedure." They have
neglected to follow up with treatment and/or surgery required to correct the problem.
He stated that 34 residents sigoed a petition against TA Mary Whitlock. The complaint was for
harassment and inappropriate shakedown procedures. 3 It was turned in to Ms. Lane, but the
residents were not questioned by Ms.Lane regarding the complaint. To date, he stated there had
been no resolution.

RlS #2 reported that TCC Hubert Smart sleeps on duty at night.
. RlS #2 saw TCC Smart turn the sofa around, pull a hood over his eyes and
sleep through the night. This practice occurred often, but RlS #2 remembered one instance about
4-5 weeks ago. Normally, RlS #2 was awakened a t . TCC
Smart was supposed to wake him up. However, RlS #2 woke up on his own, 45 minutes late,
and found TCC Smart asleep as described.
He reported that four days ago, on or about June 6, 2004, there was a fight in -DOlTI1 at
(RIS #1) and RlS ,
(RIS
approximately 12:40 a.m. between RlS
#19). There was screaming and punching. TCC Henrietta Marshall broke up the fight. RlS
said, "It's strange, they don't nonnally break up the fights." He said the incident was
reported as horseplay. RlS #19 went to the Medical Department with injuries. He said the
incident should have been reported as a critical incident. RlS #2 stated he was glad the OIG was
~~=,o~site_becalls-erP.e ~aff~eJ:~ "all ofa ~udden fOP_?wing the rule§~.'_'~__

3

Slang for search ofa resident's room.

Page 3 00
Investigator(s):

Interviewee's Last Name: Resident #2
Summers and Balzer
Case Number: 2004-0043-WB

He opinioned that Ms. Lane's incompetence comes from her lack of management knowledge and
ethical standards. She was not trained for the position, and she relied on her staff and resident
favorites, all of whom are black. He stated that her favorite resident was
and
that he was permitted access to all parts of the facility, a concession not made to other residents.
RlS #2 also reported that the staff cursed at the residents. He said the ''bosses'' in management
never make daily rounds of the facility, and were not aware what happened on the compound.
They remained in the Administration Building, so they were not aware what happened on the
yard. RlS #2 said of the facility, "It's a zoo."

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
CASE NUMBER 2004-o043-WB
Person Interviewed:

Title or Relationship:
Date:· August 5, 2004
Other person(s) present:

First
Resident (RIS) #3, FCCC
Investigator(s):

MI

Last

Kelly Summers and Terri Balzer

None
. He stated he was

RlS #3 stated he had been at FCCC since

AJIel!ation 1
(RIS #12). '
He stated in July 2003, he was physically assaulted by RlS
and he suffered
. He gave
information regarding the assault to FSD Tiffany Lane and FSM Lawanda Dennis, They
breached confidentiality; and the information was leaked to the other residents, including the
assailant. RlS #3 stated he was "appalled" at the manner in which residents are endangered on a
daily basis by management employees. He said Ms. Lane was aware that drugs and alcohol are
easily obtained on the compOlmd, and that employees bring them in for sale to the residents.
R/S #} said that although he could only provide details of the incident mentioned above, that
directly involved him, he stated Ms. Lane perpetuated a daily culture where safety and security
are absent. He said the facts of incidents are purposely distorted on reports. He said there was
malfeasance on a "middle management level he has never seen" in an institution. He said the
repercussions are subtle, and residents are more afraid of the staffs inept management than each
other.
Allegations 2 and 3
R/S #3 had no information regarding these allegations.
Additional Information
He said there are "pockets of st..aff against staff," ~nd a definite division of black staff against
white staff. "The nepotis..'Tl runs ra.tTIpant:1 Ms. Lane and her "family cliques" were part of the
problem. He said she fostered a "home::boy" attitude, that lacked professionalism and ethics. He
said that attitude was apparent in the sexual improprieties that the female staff initiated, and
which Ms. Lane ignored.. He said he had personal knowledge of the sexual activities, because he
sent some of the residents to the Medical Department to be treated for minor
problems.
Be stafed1liere are-no rules;' no· bedtimes;· aml--ure-tdevisiou'S"1ITe"'af:l:owedeto-=nm-z4~ollfSo""a-:daY7;- - seven days a week. There are loose living conditions and no order. He stated if there is a violent

Exhibit: R

Page 2of2
Investigator(s):

SummerslBalzer

Interviewee's Last Name: Resident #3
Case Number: 2004-0043-WB

incident, the response from staff is slow or nonexistent. He said the FSM's are not trained to
handle the violent residents. He cited the August 4, 2004 incident, where the residents peacefully
demonstrated over an internal issue. He said Ms. Lane and the staff were completely unprepared
and had no idea how to handle the situation. He said the incident could easily have escalated into
a riot had the residents not controlled the situation.

RlS #3 said of particular interest to him was the medical malfeasance. He reported that the
nurses sleep on the night shift, and it was difficult to get specialized medical care for residents.
He said the nurses are not qualified to triage. Most are LPNs, and he had seen some that were
unable to take vital signs. He had seen improvement on occasion, whenever family members or
attorneys intervene.
RJS #3 said he had verified substitutions on medicines or prescriptions not filled if outside
physicians prescribed them. He said he had not seen a registered dietician on site, which he
thought was required by all institutions.

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
Case Number 2004-0043-WB

Person Interviewed:
Title or Relationsbip:
Date:

July 23, 2004

FIrst
Resident #4, FCCC

MI

Last

--------------Investigator(s):

Kelly Sununers ood Terri Balzer

August 9, 2004
Olber person(s) present:

_N=on"'e'----

_

Upon being sworn, RlS #4 stated he had been a resident at FeeC since
Allegations 1 and 2
RlS #4 had no specific information regarding these allegations.
Allegation 3
RlS #4 stated it was true that staffbrougbt illegal drugs into the facility. On July 22, while in Donn, be witnessed Tee Octavia Baez deliver marijuana, in a baggie. to Resident
(RIS #24). RlS #4 stated Mr. Baez went into the residents' rooms to make drug deals. He said
this practice had been in effect since February 2003. He said Mr. Baez was paid in cash. The
money came through the mailroom in letters to residents. He said the cash entered the facility
undetected, because the "mail lady" gave the letter to the resident, he opened it, held it down
where she cannot see it, and the cash dropped out onto the floor. The resident took the letter,
shook it high in the air where the mail lady had to look np, ood ooother resident picked up the
cash.
RlS #4 said that Mr. Baez dealt "a lot of marijuooa" to RlS #23.

Additional Information
R/S #4 said that cash was brought into the facility by visitors. He said it was easy because the
staff did not pay attention to the exchange of contraband between residents and visitors. He said
until recently, visitors were allowed to bring purses, briefcases, large bags and other containers,
which he alleged usually contained contrabood. He stated that RlS
's (R/S #9)
girlfriend, name unknown, brought in marijuaoa until she was "banned from the facility."
RlS #4 stated on July 22, 2004, RlS
(R/S #22) was searched, ood found to have
four grams of marijuooa on his person. RlS
(R/S #23) was also about to be
searched by staff. RlS #4 saw RlS #23 as he hooded over marijuaoa packets to TA Courtney
Nunn and TA Anthony Florence, so he would not be caught with drugs on him. Ms. Nunn and
Mr. Florence were "tight with
"

ExhibitS

Interviewee's Last Name: RlS #4

Page 2 of2

Investigator(s):

SummerslBalzer

Case Number:

On August 9, 2004, RlS #4 stated at approximately 2:00 p.m., at fue
TCC Sebastian Whitfield pass a baggie of matijuana to RlS .

2004-0043-WB
-Donn patio, he witnessed
(RIS #24).

R/S #4 said that tempers were escalating in the facility. The residents talked of rioting. He said
someone was going to get seriously hurt or killed. He said there had been stabbings, beatings,
and a race war between the black and Hispanic residents. He said the staff were unable to
recognize or handle the daily violence. He said the staff were scared, lacked operational

leadership, and ignored reports of safety and security issues. He said the Executive Director,
Rick Harry, was a "good man," and had initiated many positive changes, but the middle
management was "no better than the residents." He said the staff were untrained, and were not
background screened for criminal violations.
He stated there were no restrictions at night. The residents were pennitted to enter and exit their
dOImS all dming the night He said that practice would not present a serious problem, except that
some staff sleep inside fue units, which minimized security. He said TCC Darby Ellis, TCC
Willie Dean Roe and TA Georgia Greene slept on duty. TA Anfuony Mustone did not sleep on
duty, but was reported to have completed most of the night shift work in the donn.

RlS #4 said approximately two weeks ago, as he walked across the yard, TA Sharica Harris
yelled out, "he's uothing but a snitch." RlS #4 said he felt fue statemeut was inappropriate and
put him at risk for retaliation by other residents. The issue was serious enough that FSA Mitch
was known as
Hollenbeck documented the event in incident reports. RlS #4 stated
RlS
.s "girlfriend." He said it was common knowledge that the !\;VO had sex inside
fue facility.
RlS #4 stated the residents make homemade alcohol, also called "buck," in the kitcben. He said
they use peaches, yeast and sugar. The alcohol is stored in five-gallon cooking oil containers.
RlS #4 said he reported all illegal activities to FSD Tiffany Lane, but fuat she had never acted on
any information he gave her. He was concerned about the large nwnber of knives buried in the
ground, and the huge rocks the residents had marked for use as weapons.. He said., "it was a
disgrace" how unsafe the facility was.
He said Ms. Lane did not do her job because she was afraid of the residents. He said on July 22,
2004, during one volatile incident, she ran from fue yard back to the Administration Building.
He said it is common for the shift supervisors, the FSMs, to retreat to their office, leaving
subordinate staff to handle critical incidents. He said Ms. Lane showed favoritism to certain
was her favorite, and was allowed to roam
black staff and residents. He said RlS
fue facility wifuout restrictions. He said she also "spends a lot of time" wifu RlS
(RIS
#14).

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
Case Number 2004-0043·WB

Person Interviewed:
Title or Relationship:
Date:

First
Resident #5, FCCC

MI

Last

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

June 25, 2004

Other person(s) present:

Invesligator(s): Kelly Sununers and Terri Balzer
-'-'N"'o"ne=---

_

Upon being sworn, Resident (R/S) #5 stated he was a mental health patient at FCCC, currently in
treatment. He had been a resident since
Allegations I, 2 and 3

RfS #5 did not provide any information relating to these allegations or subjects.

Additional Information
R1S #5 said he has seen marijuana in his housing unit,

He stated that TA Theresa Snow
brought in marijuana and gave it to the ''resident dmg dealer," R/S
.
(R/S #11). He
said Ms. Snow and R/S #11 walk together all the time. R/S #5 had seen the marijuana when Ms.
Snow brought it in. He stated she carried the marijuana in her vagina. The drugs were wrapped
in cellophane or plastic, tightly taped and enclosed inside a tampon.

Exhibit: T
CF 1948, June 2003

Office of Inspector General
Investigations

MEMORANDUM OF INTERVIEW
Case Number 2004-o043-WB
Person Interviewed:

Title or Relationship:
Date:

Last

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

June 4,2004

Investigator(s):

Other person(s) present:

Allegation 3

MI

First
Resident #6, FCCC

Kelly Sununers and Terri Balzer

_N=on"'e=-

_

,

Upon being sworn, R/S #6 was asked if he had knowledge of marijuana being brought into the
facility by staff members. He refused to answer, and stated that the interview was over.

Exhibit: U
CF 1948, June 2003

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
Case Number 2004-0043-WB
Person Interviewed:
Title or Relationship:
Date:

Jnne 4, 2004

First
Resident #7, FCCC

MI

Last

------------------Investigator(s): Kelly Snnnners and Terri Balzer

Other person(s) present:

_N=on"e"---

_

Upon being sworn, RlS #7 stated he had been a resident for

and

years.

Allegation 1
RlS #7 said FSD Tiffany Lane was known by residents and staff to cover np incidents that her
staff mishandled. He said in the RlS
Incident, she and her staff were like the ''Keystone
Cops." He said he and the other residents watched the incident, while staff ran around, but no
one accomplished anything. RlS #7 said RlS
was simply watching thero from the roof of one
of the buildings. RlS #7 said the clinical staff (names nnknown) tried to talk RlS
off the
roof, but Ms. Lane's security staffinterfered and rushed at him. RlS
jumped off the roof
Allegation 2
RlS #7 said he heard that FSM James Stanntou admitted to the FCCC Investigator, Kenneth
Dudding, that he changed the times on the incident reports submitted by the staff. He said he
heard that the reports were altered to cover up the time Mr. Staunton allowed RlS
to walk
free aronnd the yard, after he had been diagnosed as dangerous by the psychiatrist. RlS #7 said if
RlS
had been confined to his room, like the doctor ordered, he would not have been able to
get on the roof Once RlS
was on the root: the security staff "screwed up again" when they
failed to allow the clinical staff to handle the situation. RlS #7 said the staff and other residents
knew RlS
"s history. He had climbed up on the roof before, but had always coine down on his
own.
Allegation 3
RlS #7 said he was aware that marijuana exists in the facility, but would not comment on
Octavio Baez bringing it in.

Tee

Additional Information
RlS #7 said Ms. Lane behaved in an lUlprofessional manner. He stated the reason she was hired
was because of her personal relationship with the former executive director, Dr. Robert Briody.
Several staff had criminal convictions. When asked who they were, he stated it was the
responsibility of the DCF to screen the employees. He said some staft: like FSM Lawanda

Exhibit: V
Cf 1948, June 2003

Page 2 00
Investigator(s):

SummerslBalzer

Interviewee's Last Name: RlS #7
Case Number: 2004-0043-WB

Dennis, and Recreational Specialist Wayne Bythwood, have convictions under other names, and
should be fingerprinted to learn their real identities.
Medical care for residents is inadequate and negligent. He stated several residents died due to
medical negligence.
The staff were poorly trained and cannot count the residents correctly. The counts were repeated
numerous times. If a resident left the facility, the staff would not know he was gone.
The rules and regulations were not followed by staff Policies were verbally changed daily. The
residents knew the rules better than the staff.
The residents did not feel safe, because there was no order. He cited a recent stabbing, in which
FSM Micbelle Allen ordered the suspect, wbo stabbed auother resident 12 times, to "get a mop
and clean up the blood." The suspect was pennitted to walk around for five hours before he was
confined. RlS #7 stated that staffdid not attempt to break up serious fights; they watched.
The residents were disciplined when contraband was found. However, the employees brought
the contrabaud into the facility.

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
Case Number 2004-0043-WB

Person Interviewed:

Shawn

Title or Relationship:

First
MI
Last
Facility Safety Manager-Interim, FCCC

Date:

June 25, 2004

Other person(s) present:

Smith

Investigator(s):

Kelly Summers and Terri Balzer

--'.:N"'o"'n"e

_

Upon being sworn, Shawn Smith stated he had been employed in bis current position as FSM-I
since March 2004 1• From August 2000 - March 2004, he was an FSA. His prior employment
included Martin Correctional Institution, DOC, as a correctional officer, and four years in the
U.S. Marine Corps.
, Allegation 1
Mr. Smith stated FSD Tiffany Lane fabricated evidence to cover up her mismanagement. :Mr.
Smith said she gave him permission to leave the facility on June 4, 2004, after he and FSM
Donald Mosley had a disagreement. Mr. Smith said he and his girlfriend, FSA Christie Cline,
were also granted unpaid "stress leave" by Mr. Murphy. At the time they left the facility, Mr.
Smith could not anticipate the duration of his leave. They did not return to work until June 18,
2004.
On June 18,2004, he was issued a written disciplinary letter, by Ms. Lane and Mr. Murphy, for
Insubordination and Abandoning his Post. He was angry that Ms. Lane had giveu him
permission to leave the facility, then disciplined him two weeks after the incident.

Allegation 2
:Mr. Smith stated that Mr. Staunton was very professional and had a good work ethic. He had no
personal knowledge of Mr. Staunton altering or falsifying doc1ll11ents in internal investigations.
Additional Information
Mr. Smith said it was difficult to identify staff from residents. He said the staff was not trained,
and employees should be screened for criminal backgrounds.
He said Ms. Lane was very unprofessional during the Facility Safety Manager Meetings. He
stated there were black and white racial issues that Ms. Lane perpetuated. He said Ms. Lane's
friend, Lawanda Dennis, was promoted to FSM after four months, and that there was no job
announcement posted. Mr. Smith stated he was a valuable employee who was a good leader, had
good rapport with the residents, and had better training than Ms. Dennis.
----- - ~ ~ ~ ~ ~ - ~ 1 Actual

promotion date was Aprilll, 2004.

Exhibit: W
r.F 1941t June 2003

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
CASE NUMBER 2004-0043-WB
Person Interviewed:

Title or Relationship:
Date:

June 25, 2004

Christie

F.

Cline

First

MI

Last

Facility Safety Assistant (FSA), FCCC
lnvestigator(s):

Kelly Sununers and Terri Balzer

.Other person(s) present:

Upon being sworn, Christie Cline stated she had worked at FCCC in her current position since
July 1999. Her previous employment was the DOC at Martin Correctionallnstitutiou, where she
held the rank of Sergeant.
Allegation 1
Ms. Cline had no knowledge of any wrongdoing by FSD Tiffany Lane.
Allegation 2
Ms. Cline had no knowledge of any wrongdoing by FSM James Staunton.

Allegation 3
Ms. Cline said she had heard there were drugs on the compound of FCCC, but had no direct

knowledge on the issue.

Exhibit: X
CF 1948, June 2003

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
Case Number 2004-0043-WB

1.

Person Interviewed:

Thomas

Title or Relationship:

First
MI
Human Resources Manager, FCCC

Date:

Jooe 6, 2004

Otber person(s) present:

Investigator(s):

Murphy
Last

Kelly SWlWlers and Terri Balzer

~N=on",e,---

_

Upon being sworn, Thomas Mwphy stated he had been employed with FCCC since July 23,
2001.
Allegations 1 and 2
Mr. Mwphy said he had no knowledge of Ms. Lane or Mr. StaWlton falsifying or altering
documents in internal investigations.

Additional Information
Mr. Murphy provided information regarding procedural practices at the facility. He said the
policy regarding employee backgroood screenings was adopted in the Liberty Behavioral Health
corporate office. He said they approved or disapproved a new hire with a criminal background,
based on the nature of the crime. He stated the company did not hire applicants who com.rilitted
physical assaults. The time frame of the applicant's violation was also considered. in the hiring
decisions. He said FBI fingerprint screening was not used. Applicants were requested to provide
thell' addresses for the last seven years. A court clerk records check of those counties was
conducted. The corporate office then faxed or called Mr. Murphy to advise whether to hire or
reject the applicant. Mr. Murphy stated. there was no provision in the DCF contract that required
criminal background screening on employees.
Mr. Mwphy said he was aware that TA Nika Bush was on felony probation, until September
2004, in Sarasota COooty for Uttering Forged Bills. He stated FCCC did not notify DCF of her
record, nor was he required to do so. At the time of interview, Ms. Bush was on paid
administrative leave pending the outcome of an internal investigation regarding allegations of
engaging in an inappropriate relationship with a resident.!
Mr. Murphy stated there was no In-Service Training Calendar. He said training was conducted
by the corporate office once a year.
He said he did not know if the employees' diplomas or certificates were verified in the corporate
office.

I

Her employment was involuntarily tenninated on August 24, 2004.

Exhibit: Y
CF 1948, June 2003

Page 2 of2
Investigator(s):

SummerslBalzer

Interviewee's Last Name: Murphy
Case Number: 2004-0043-WB

Mr. Murphy advised, in an August 3, 2004 email.iliat FCCC did uot have an official policy
regarding "stress leave." Employees can apply for Short Term Disability or request paid or

unpaid time off. These options were not automatic; management approval was required.

.~=~-~-~~--~~~---------._---

.-- - - - - -

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
CASE NUMBER 2004-0043-WB

Person Internewed:

Title or Relationship:

Date:

June 25, 2004

Other person(s) present:

Javon

S.

Dukes

First

MI

Last

Therapeutic Conununity Coordinator (TCe), FCCC
Investigator(s):

Kelly Sununers and Terri Balzer

None

Upon being sworn, Javon Dukes stated he was hired as a TA on Augnst 27, 2001. He was
promoted to TCC on April 7, 2002. He also worked a second job at Florida Institute for
Neurologic Rehabilitation, Inc. (FINR), a brain trauma facility.
Allegations 1 and 2

Mr. Dukes said he had no infonnation regarding the allegations against FSD Tiffany Lane and
FSM James Staunton. He said there were nunors that "stuff would disappear," when Mr.
Yomnaun' and William Landers held thejob as FSD.
Allegation 3
Mr. Dukes said he had no information about the allegation that Mr. Baez brought marijuana into
the facility. Mr. Dukes stated he had heard that marijuana was brought into the facility through
packages mailed to residents. He stated he smelled marijuana on the compound. He confronted
one resident, name unknown, whom he thought was smoking a marijuana cigarette. The resident
swallowed it. :Mr. Dukes did not write an incident report.
Additional Information
Mr. Dukes stated he was not on duty on April 15, 2004, when RlS
jumped off the roof. He
said he was involved in an incident, on February 27, 2004, where RlS
spit in his eye. TA
Rodgers called for backop, and wheu other staff arrived, RlS
was restrained. The staff
moved RlS
to the Medical Departmen~ where he was placed in four-point restraints and

medicated. :Mr. Dukes received first aid from nurses;
there was an allegation that he hit RlS
RlS

. He said

with his flashlight. Mr. Dukes said be did not strike

He stated he was concerned about the appearance of inappropriate behavior bernreen female staff
and residents. He observed other female staff, TA Catina Stevens, TA Marcia Moody, TA Nika
Bush, and TA Theresa Snow, fraternizing with residents. Mr. Dukes did not lmow if the
allegation was true that Ms. Snow brought drugs into the facility.

- - -----_._1 Fonner

employee at FCCC.

Exliibit: Z
CF 1948, June 2003

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
CASE NUMBER 2004-8043-WB
Person Interviewed:

Eloise

Title or Relationship:

First
Facility Safety Assistant

Date:

September 10, 2004

Other person(s) present:

Jones

Investigator(s):

MI

Last

Kelly Summers aod rerri Balzer
_

~N=on",e,-

Upon being sworn, Eloise Jones stated, she had been employed as a FSA since November 2000.
She was promoted to FSM-I from October 2003 to Jaouary 2004. She returned to the FSA
position at that time.
Allegations 1:
Ms. Jones stated she did not remember the
RlS #9 mcident, when she was alleged to
have received a videotape from FSD Tiffany Lane. She stated she never received any document
or tape from Ms. Lane, nor was she asked to take any items to her home to cover up for Ms.
Laoe. Ms. Jones said Ms. Laoe was responsible for her demotion from FSM-I to FSA, aod that
she would never consider helping Ms. Lane to destroy evidence.
Ms. Jones was interviewed via telephone and did not provide a written statement.

Exhibit: AA
CF 1948, June 2003

Office of Inspector General
Investigations
MEMORANDUM OF INTERVlEW
CASE NUMBER 2004-0043-WB

Person Interviewed:

Title or Relationship:

Date:

June 9, 2004

Jorge

L.

Santana

First

MI

Last

Business Manager. FCCC

Investigator(s): Kelly Sununers and Terri Balzer

Other person(s) present:

Upon being sworn, Jorge Santana said he had worked for FCCC since October 2,2000. He had a
Bachelor of Science degree in Accounting.
Additional Information
Mr.-Santana explained the process by which resident checks are issued.
Incoming Monies:
Mr. Santana stated that the residents received money orders in the mail, which were deposited
into their personal trust accounts. Cash, personal or business checks are not accepted. The
resident was issued a receipt for all money received into his account. The resident was notified
with a computer printout as to the account balance.
Outgoing Monies:
A resident can purchase Canteen I items, and the cost deducted from his personal trust account.
A resident can also send money from his personal resident account to relativ~s, friends, or to
purchase approved items from mail order companies. Mr. Santana said his office received a
check request form from the resident. The business office verified the funds in the resident's
account, issued the check, and mailed it to the payee at the address specified by the resident. The
resident supplied the postage for mailing the check. All requests were accumulated from
Thursday through Wednesday of the next week. On Thursday, the checks were processed and
mailed out.

1

A general store within the facility, stocked with approved items for sale to the residents.

Exhibit: BB
CF 194-8. June 2003

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
CASE NUMBER 2004-0043-WB
Person Interviewed:

Title or Relationship:
Date:

David

w.

Scheid

First

MI

Last

Therapeutic Community Coordinator (TCC), FCCC

June 16, 2004 and
August 4, 2004

Other person(s) present:

Investigator(s):

Kelly Summers and Terti Balzer

~N=on",e,----

_

Upon being sworn, David Scheid said he was hired in March 2002 as an FSA. In August 2002
he was promoted to Internal Affairs Investigator. He took a voluntary demotion to FSA in March
2003. In October 2003 he was promoted to TCC. He stated he was running for sheriff of DeSoto
County in the November 2004 election.

Allegations 1 and 2
He said he knew of no specific incidents of falsification or altering reports, but heard rumors of
reports that were changed in the
Incident. He did not identify who the rumors were about. He
heard that different types of handvvriting appeared on reports, and times and dates were changed.
He did not observe any of these reports.

Additional Information
Mr. Scheid said he had. difficulties with the fonner Executive Director, Dr. Briody. He was
asked to conduct unethical investigations, and he took a demotion as a result. He said Dr. Briody
wanted to "focus on getting dirt on Tee William Landers and fonner employee Mr. Clemmons."
He stated that Ruman Resources Director Tom Murphy was conducting the same type of
unethical investigation on Kenneth Dudding, the current investigator. :Mr. Sheid said he was
very uncomfortable with the tactics used in the facility.
On August 4, 2004, Mr. Scheid said he was asked by Mr. MUIphy to write a 'statement that
discredited Mr. Dudding. Mr. Scbeid stated he "did not remember writing the last sentence" of
his statement. The last sentence read., "Re was also asked who told him it was TA Cowell and he
said that Dudding had told him." He said he thought it had been added after he signed the
statement, and that the font of the printer was smaller than the print on the rest of the docl.ll11ent.
Mr. Scheid stated Mr. MUIphy prepared the statement.

"Mr. Scheid said he had. no specific problems with Ms. Lane, but that she was inconsistent in
meting out discipline and employee assignments. He stated the easiest and best assignments are
~~~given to her fri,,~dsandfamily,
._
_ ..
...
..

Exhibit: CC
CF 1948, June 2003

_

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
CASE NUMBER 2004-0043-WB
Person Intenriewed:

Title or Relationship:
Date:

June 29, 2004

Other person(s) present:

John

M.

Brosnihan

First

Ml

Last

Therapeutic Community Coordinator (TCC), FCCC
Investigator(s):

Kelly Summers and Terri Balzer

None

Upon being sworn, John Brosnihan stated he had been employed at FCCC since May 17, 1999.
Previously, -he served in the U.S. Marine Corps.
Allegation 1
"Mr. Brosnihan said that, although he cannot give specific details of falsification of documents or
evidence of cover-ups of incidents, Ms. Lane failed to act on information he provided to her.
Allegation 2
Mr. Brosnihan had no information regarding FSM James Staunton.
Allegation 3
Mr. Brosnihan had no specific information regarding TCe Octavia Baez' involvement in
bringing marijuana into the facility. However, he said "there was so much potion the facility."
He said he knew because he smelled it every day when he walked around the yard. He said it
was common knowledge that RlS
(RIS #26) was the marijuana drug dealer for
the Hispanic residents, and RlS
(RIS #6) dealt for the black residents.
Additional Information
He said the facility was experiencing racial tensions between the black and Hispanic residents,

and between the black and white employees.
He stated approximately two weeks prior to this interview, there was a fight between Residents

(RIS #11),
(RIS #27) and
(RiS #10). On June
23,2004, a knife was found in RlS #ll's room. RlS #11 told employees the knife was "meant
for RlS #10," who is black. Then on June 24, 2004, Mr. Brosnihan was on the night shift,
working as the acting shift supervisor. RlS
was antagonizing white residents in Quad 3,
F-Dorm. On June 25, 2004, Mr. Brosnihan reported the events to Ms. Lane.
---------J

Slang for Marijuana.

Exhibit: DD
CF 1948, June 2003

Page2of2
Investigator(s):

SummerslBalzer

Interviewee's Last Name: Brosnihan
Case Number: 2004-0043-WB

Ms. Lane acted on the information by moving RlS #10, for his Dvm safety, from -Dorm to
Donn. On Friday, June 25, 2004, Mr. Brosnihan came to work and saw that RlS #10 had been
moved back to Dorm. He said Ms. Lane did not inform the staff why the initial move was
made, or that they should be alert due to the escalation in racial tensions between the two groups.
He said Ms. Lane did not take the matter seriously because she was untrained and unaware of the
potential risk.
.
On June 26, 2004, Mr. Brosnihan voiced his concerns to FSM Lawanda Dennis. He told Ms.
Dennis, FSM Gerald Bove, andTCC Jose George that RlS #10 was in danger. He said RlS #10
stayed awake all night.
RlS #10 was stabbed 12 times on Sunday night, June 27, 2004 by R1S #11. Mr. Brosnihan said
the residents and staff were talldng abont how Ms. Lane's best friend, FSM Michelle Allen,

mismanaged the incident. He said they talked about the security tape that showed Ms. Allen
ordering the suspect, RlS #11, to mop up the blood in his room., the crime scene. Ms. Allen
secured the suspect in the contaminated room, rather than confine him in a clean room2 .

JvIr. Brosnihan mentioned the relaxed rules regarding nighttime procedures. He said the residents
are allowed to roam all night, keep the TV and lights on, and have no bedtime rules.
Mr. Brosnihan provided a written sworn statement (Exhibit DD-I).

2

A room that had been searched and was free from contraband or dangerous objects.

,"

i

~L(IH "tDREN

Office of Inspector General
Investigations

&. FAMILIES

VOLUNTARY STATEMENT

i-,-"",~,"r,,--_

, swear or affinn that on this
of "'-u., Q,,"'\'

, 2004, in

\), SoTo

day

County, StateofFlorida, the

attached statement consisting of __ page (s), each initialed by me, is given freely and voluntarily.
No promises, threats, or inducements of any nature, whatsoever, have been made to me in order to

obtain my consent to this statement, which is true and accurate to the best of my knowledge. I
understand that any statement given is subject to public disclosure pursuant to the Florida Statutes.

Signed:
STATE OF FLORIDA,
COUNTY OF ~=""'-'."-

_

Subscnbed and sworn to (or affinned) before me this

(lCf

dayof

~

-'

,2004

(Name of Notary, Typed, Printed or Stamped)

Identification by Florida Driver's License
Identificatiou by persoual knowledge
Other Ideutification (SpecifY Type)

OrA

0.£

-the.

+Iv.. '" +

CF1714, April 9,2003 (previous editions are obsolete)

EXHIBIT:

---.J)1J.I_--

Statement of:

~2",O",O,-,4_-

Case No:

\

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\

"J. Ik p ",:b.e.

Page

'd

of

~_

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Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
CASE NUMBER 2004-0043-WB

Person Interviewed:

...cJ"o"h"n"n"y

--'F"u"'g"at"e"---

First
Title or Relationship:
Date:

August 4, 2004

Other person(s) present:

MI

_

Last

Sheriff, DeSoto County, Florida
lnvestigator(s): --'K"'e"'l'lly-'S"'unun""""'e"rs'----

_

None

Additionallnfonnation
Sheriff Johuny Fugate called to report that on this date, Augnst 4, 2004, he and his deputies were
called to FCCC, in response to a call for assistance in a riot situation. When he arrived, he
downgraded the call to a resident disturbance. He said he observed passive resistance from a
small numher of FCCC staff, who attempted to move RlS
(RIS #6) to another
unit. In the process, FSD Tiffany Lane and her staff were unable to manage approximately 100
residents. The sheriff did not intervene. He said the issue was an internal one, and no crime had
been committed.
Sberiff Fugate met with the FCCC Executive Director, Rick Hany, FCCC General Counsel,
Jennifer Haymes, and DOC Warden O'Conoer. The sheriff said Mr. Hany requested that he and
Warden O'Conner remain on standby in case of emergency. However, the residents met with
Mr. Harry and nonnal operations resumed at approximately 1:30 p.m.

Sheriff Fugate stated that in the past few weeks, there had been an escalation in violent assaults.
However, he stated when his office responded, crime scenes had been wiped clean or
contaminated, and security tapes documenting incidents were "unavailable." The sheriff said his
office also responded to calls at the facility, wherein no crime had been committed, but staff were
unable to manage the residents. Sheriff Fugate stated he considered contacting the Governor's
Office, but referred his concerns to the Office of Inspector General for action. He stated he was
aware the DIG was conducting an ongoing investigation.
The sheriff had a reciprocal agreement with DOC, whereby the DOC CERT Team' would assist
in a riot or large scale disturbance situation.

-

I

Corrections Emergency Reponse Team.

Exhibit: EE
CF 1948, June 2003

--------

SUBJECT INTERVIEWs

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
CASE NUMBER 2004..Q043·WB

Person Interviewed:

Title or Relationship:
Date:

Tiffany

R.

Lane

First

Ml

Last

Facility Safety Director

June 4, July 16, and
September I, 2004

Other person(s) present:

Investigator(s):

Kelly Summers and Terri Balzer

~N=on",e".-,---

_

Upon being sworn, Tiffany Lane stated she had been employed at FCCC since February II,
2002. She :worked as an FSA for one year, when she was promoted to FSM-I. The fonner
Executive Director, Dr. Robert Briody, promoted her on August 8, 2003 to FilCility Safety

Director. Her former employment was DOC for six years.
Ms. Lane said she did not mow how many staff she supervised. 1
Allegation 1
Ms. Larie denied that she falsified, altered and/or fabricated, either by omission or action,
documents contained in internal investigations, incidents, or events. She denied that she erased,
taped over or destroyed any security videotapes that documented critical incidents that occurred
at FCCC.
Ms. Lane said she had oversight of the Safety Control Office and its operations. She stated that
only the FSD and the FSM's have authority to remove security tapes from the Safety Coutrol
Office. She said she did not know how to operate the video cassette recorders located in the
Safety Control Office. She stated that ou April 15, 2004, after the
Incident, FSM James
Staunton and FSM Tipton had access to the videotapes. The tapes were secured in the FSM

Office. AB one of the FSD functions, Ms. Lane was required to review security tapes of critical
incidents for any actions required.
On April 16, 2004, she said she gave three tapes to
mvestigator Kermeth Dudding, to include in his internal investigation of the JW Incident. Ms.
Lane was unaware that a fourth videotape existed, which documented the incident.
The following incidents were discussed with Ms. Lane:

1.
INCIDENT: Ms. Lane said that although she was present on April 15, 2004, and
observed the critical incident, she did not write an incident report. When:Mr. Hany, her
supervisor, requested documentation, Ms. Lane wrote an incident report on June 3, 2004. Ms.

I

The FSD position was responsible for 156 staff.

Exhibit: FF
CF 1948, June 2003

Page 2 of3
Investigator(s):

SummersfBalzer

Interviewee's Last Name: Lane
Case Number: 2004-0043-WB

Lane said she instructed FSM Staunton that all staff were required to write a report of their

observations and roles in the incident, to 'justify the reason they were on the roof."
Ms. Lane said that Dr. Bellino advised her at approximately II :30 a.m., that he placed RlS
on 1:1 status. Upon notification, she radioed FSM Staunton and requeSted that he meet with her
in person. She advised Mr. Staunton that RlS
was to be placed on 1: 1 status. The next
contact she had with the incident was a notification by FSA Melissa Chambers that RlS
was
up on the roof. She walked to the area where the staff were "standing and talking." FSM
Staunton advised that RlS
swallowed a nail and that it was necessary for the staff to go up on
the roof and bring RlS
down for his own protection. Ms. Lane agreed..
Ms. Lane said there was a debriefing on April 15, 2004, at approximately 3:00 p.m., of all staff
involved in the incident. She. said there was no emergency manual to guide staff for incidents
such as this one. She stated that she did not know of any policy that covered notification
procedures regarding 1:1 resident restrictions2 .
Ms~

Lane said she knew that her mother, TA Sylvia Russell, was posted on duty at the -Dorm
Gate, where RlS
was permitted to leave a secure area, and climb onto the roof. Ms. Lane
said her mother did nothing wrong and was not reprimanded for her inaction.

FSM MosleylFSM-I Smith Incident. On June 4, 2004, FSM-I Shawn Smith, and
2.
his girlfriend, FSA Christie Cline left the facility. Mr. Smith refused to work on the post assigned
to him by FSM Donald Mosley. Ms. Lane said she gave him permission to leave the facility.
She stated she did not document the event. She said she talked to Mr. Smith on the night of June
4,2004, and he requested "Stress Leave,3" which she granted.
3. Resident
(R/S #9) Incident. In June 2003, RlS #9 climbed up on the roof
of the mailroom. At the time, Ms. Lane was FSM-I, and FSM Michelle Allen was acting FSD.
Ms. Lane was the supervisor in charge, during the absence of FSM William Landers. It was
alleged that Ms. Lane had several opportunities to stop RlS #9 before he ascended the roof, but
failed to act. She allegedly allowed RlS #9 to walk freely up and down the compound,
threatening staff, before he climbed up on the roof. Ms. Lane said she did not remember the
incident.
4. TCC Javon DukesIR/S
Incident. TA Debra Rodgers alleged that on February 27,
2004, she saw Mr. Dukes punch RlS
in the face after he spit on Mr. Dukes. Ms. Rodgers said
she turned in an incident report to Ms. Lane, but the incident was «covered up" by Ms. Lane.
Ms. Rodgers said she overheard Ms. Lane say to :Mr. Dukes, "You got your ass in hot water. I
can't keep covering for you. You better straighten it up."

FCCC Policy £·15 2.B. addresses 1: 1 notifications.
common practice used by FCCC staff. It is an informal request for time off. HRM Murphy stated there was no
such thing as "Stress Leave." ED Rick Harry stated it was leave taken as Paid Time Off, charged to the employee's
annual leave balance.
2

3A

Page 3 of 3
Investigator(s):

SnmmerslBalzer

Interviewee's Last Name: Lane
Case Nnmber: 2004-0043-WB

Ms. Lane said she did not remember the incident, nor did she remember seeing an incident report
written by Ms. Rodgers.
6, RlS_
byRiS

, (RIS #3) Assault fu July 2003, RlS #3 reported a violent assault
(RIS #12). RlS #3 received extensive injuries, including
RlS #12 remains in the DeSoto County Jail, awaiting trial for the assault

RlS #3 stated Ms. Lane was directly responsible for confidential infonnation given to her being
leaked to the other residents. Ms, Lane stated she did not remember that the incident occurred,
7.
Incident. In a phone conversation on September 1, 2004, Ms. Lane denied
that she placed a videotape in Eloise Jones' handbag or that she asked Ms, Jones to take the tape
home. She denied that she tried to hide any infonnation and restated that she did not remember

the details of this incident.
Alleealion 2
Ms. Lane denied any knowledge of FSM James Staunton altering, falsifying or fabricating
documents. She said she did not know he had altered staff incident reports in the RlS
fucident. She said he did a good job and she had a good working relationship with him.

Allegation 3
Ms. Lane said she is aware of marijuana being brought into the facility via staff and visitors. She
stated TeC Octavio Baez was suspect, but when he was searched on one occasion in May 2004,
no contraband was found on his person. She denied that she warned him of the impending
search.
Additional Information
Ms. Lane said that she indirectly supervises her mother, her sister, TCe Pamela Ruth, and her
cousin, TA Fred Fields. She said there is no policy prohibiting supervision of family members.
Ms. Lane stated she presided over the Facility Safety Manager Meetings. She said that until Mr.
Hany came to the facility. on January 5, 2004, she did not record minutes of the meetings.

Ms. Lane stated that she had never conducted an in-service training with her security staff. She
said training is conducted by Human Resources on a yearly basis. She was not aware of any
training calendar posted on the compound. She said any new policy was discussed in the FSM
Meetings. The supervisors passed the policy contents on to the staffin their shift briefings.4
Ms. Lane said she was unaware there was a draft of a new policy called Critical Incident
Response and Debriefing. She said she was not asked for input She was unaware that the FSD

was assigned to a Debriefing Team, which assessed each critical incident.
Ms. Lane requested that her incident report. dated June 3, 2004, serve as a written sworn
statement (Exhibit FF-1).

4 All

shifts have a IS-minute briefmg before each shift.

fM"(IH.'tDREN .

' .

i

& FAMILIES

Office of Inspector General
Investigations

VOLUNTARY STATEMENT

LIAwc/
.
c/

I,

, swear or affirm that on this

/0 - 0'/- Dc.(

of

,2004, in

'De S'cJO

County, State ofFlorida, The

attached. statement consisting of _ _ page (s), each initialed by me, is given freely and voluntarily.
No promises, threats, or inducements of any nature, whatsoever, have been made to me in order to
obtain my consent to this statement, which is true and accurate to the beSt of my knowledge. I
understand that any statement given is subject to public disclosure pursuant to the Florida Statutes.

Signed:
"

fo

,4

Ir?:.

J

~

STATE OF FLORIDA,
COUNTY OF
~

La
--=="-----

Subscribed and sworn to (or affirmed) before me this.

.\,.Y-Y

"j

4~

day of

-w"'li'~.1Ji....-."""",-_ ' 2004

";"~

? "

Teni E. Salzer
~ Commisskm # OD298527

Identification by FloridaDriver's License
Identification by personal knowledge

~er Identification (Specify~

CF1714, April 9, 2003 (previous editions are obsolete)

.

~

£F -I

EXHiBIT: .

r - - -_ _

FLORLA CIVIL COMMITMENT eEl, .. ER
INCIDENT REPORT
Person(s) Involved:

~t

FCCC#

OStaff

Date of Report: (}6/03/04'
Time of Report: 12:53 p.m.
Please check
0 This is a resident/staff related incident, or
0 This is a FacilitylEnvironmental incident'
Check the one best category for this incident:
o Deaths
o Discovery of contraband
o Equipment FailureJDamaged
o Envirorunental events
Escape
o Legal exposure/event

o

of

Location
Center.

o
o

o

o
o

o

Staff injury
Treatment events
Violation ofrules bY'staff
Other:_
JQ (

Media exposure/event
Medical eventsJemergencies
Medication events
Psychiatric emergencies
Staff abuse of residents

o
o

Incident:_ _Florida

the

!

Civil
_

s!-fi.f<.;.:;5

Commitment

Witnesses:,

_

Date of Incident 04/15/04

Time ofIncident: Approximately 11:30 a.

ffi.

Details of the Incident_On O41I5/04 at approximately 11:30 am I FSD Lane was in the record department and Dr, Bellino approached
me stating that RlS

/M FCCC#

needed to be on a 1 to 1 status· due to him making threatening statements

towards a female staffmerober. And advised him that he would have to be in ajump suit and order him finger food. A few seconds later I
radio FSM Staunton and asked him could I give him a call? He stated he could meet with me due to him not being near an extension. I
.
meet with him by the side walk by the Education Building and gave him the orders that Dr. Bellino gave me for RJS .
At that time
I walked to my car to receive some money to order lunch. AI; I approached the gate control FSA Chambers advised me that RJS
was on the roof. I walked towards my office where I saw Dr. Travia and some other staff and Dr. Travia stated that we needed to get the
other residents inside the dorms. I radio safety control and advised do Dot release any residents. I proceeded towards the compound to help
staff get all the residents in the dorms. Afterwards I walked back towards the situation where the staff was standing and started talking to
FSM Staunton and he advised that staff stated that

had swallowed a nail and that he was going to have staff go on the roof

and get him down for his protection and I stated ok staff needed to by careful. At that time Dr. Moore arid Ms, Haase was talking to me
and stating different things. I stated to Ms. Haase that staffhad a plan a they will retrieve him safely as possible. /',t that time
was walking on the roof towards the VIP area and some staff was following him on the ground and some OD the building, at this time
stating to me Ms. Lane make them get back because if they don't I will jump. I stated to the staff to get back Staff walked back
from

I radio safety control room staff and advised them to call the local sheriff department and advise them we had a

residentooo.othe--cr:oo-f.:-I'":receiv.eEba.,.c-all-by--..radi0::-fi:0ro-the-S afety Control r-oom.Staff.to.come---.to..-Safety: Control.. I w~nt to S.a;feJY .9J.n?-"2J
where MI. Vaughn was standing there in front of the control room and he stated to me why I told the staff to call the Sheriff department I
stated I thought maybe be would come down if we call the Sberiffbecause the last time he got on the roof we called the sheriff be got
Revised February 2003

100

Ar.:achmem A-9-1

down. Mr. Vaughn stated that

.ited the Sheriff Department to come out bert

,t time. I stated to the staff in the control

room to cancel the call to the Sheriff Office. I walked back to the situation and started talking with FSM. Staunton ,and he stated
attempted to set his shirt on frre and staff was going to go on the roof to get him down at this time I stated ok tell staff to be
careful. At that time staff proceeded towards

was stating if they don't get back I will jump staff continuing

and

to g:o towards him and he looked down and moved off towards the building with the grass and jumped down. At this time staff secured

him on the ground. Medical Staff was on the scene and advised do not move the resident Nurse Gordon stated we needed to call 911 due
to the serious of his injuries. At this time I radio safety staff to call 911. Shortly after the call 911 arrived and they assess'

and

off the compound, I walked

advised he would need to be air lift due to his injuries. I was there at the scene until they escorted

back to the Safety Control Room where FSM Staunton was located and advised Illm that all staff involved needed to write a report on
everything they observed to justify the reason staff was on the roof and there roles in this incident have all staff involved checked by
medical. All Staff involved plus the Facility Safety Mangers bad a debriefing on this incident approximately 1500 hours. This report was
written

by

the

request

of Mr.

Harry

due

to

the

inspector

general

office

requesting

me

to

write

an

report.

Have you answered the questions O(Whom: J,~en?, Where?, Why? and How? (U"additional sh"ts ifneeded)
Signature of Reporting person:_ _
Printed

In.

)

~,I-j.-'-'~~P',---,9<---<-c=_=,,~

Nmne
Allor....

R~vised

Febmary 2003

Person:

Report.ng

Yes 0 No 0

Incidents Requiring Medical Attention
911 Services?

Yes 0 No 0

20f3

_

_ _T.

)

l.A.!
WaIJ the nurse seen?

~Date:_-,O:.ht<£.fIIaJL5:-;A~,j-,Y,-·

Transportedformedicalattention? Yes 0 No 0

AuachmentA-9-1

Office of Inspector General
Investigations
MEMORANDUM OF INTERVIEW
CASE NUMBER 2004-0043-WB

Person Interviewed:

--"'Jam="es'-

Title or Relationship:
Date:

June 3, 2004

Other person(s) present:

~

"St"a"un=to"'n'---

First
MI
Facility Safety Manager, FCCC
Investigator(s):

Last

Kelly Summers and Terri Balzer

~N=on"'e'----

_

Upon being sworn, James Staunton said he had been employed at FCCC since May 1999. He
was a TA, an FSA, and was promoted to FSM in January 2003. He stated he scheduled duty
posts for all· TAs and TCCs lUlder his supervision. He supervised approximately 40 staff per
shift. He reported to FSD Tiffany Lane.

Mr. Stauntou described the facility as a treatmeut facility for Sexually Violeut Predators (SVP).
He said. the facility was secure, sU!TO\U1ded by razor wire, and movement by residents was
controlled.

Allegation 1

Mr. StalUlton said he could provide no infonnation regarding allegations against FSD Tiffany
Lane.
Allegation 2

Mr. Staunton admitted that, on April 15, 2004, he changed the times on the RlS #15 mcideut
reports subntitted by TA Joseph Santos and TA Debra Rodgers. He said he was aware that he
altered official documents. He said that neither Mr. Santos nor Ms. Rodgers were advised that
he changed their reports. He said they did not give him pennission to alter their reports. Mr.
StalUlton said he changed the times "so everything would coincide." He said the times were
different than the times on the official emergency log in the Safety Control Office. He denied
changing the content of any employee's reports. He stated he did not place his initials next to the
changes, but simply wrote over the original times. He said he was now aware that any changes
made must be initialed.

Mr. Staunton indicated that if other incident reports were inspected, "you might see changes on
them," He said he often instructed the staff to re-write their reports, because they do not write
good reports, and many of the facts are left out.
Allegation 3
Mr. Staunton said the staff all knew drugs were brought into the facility. He said FSM Mosley
told him that drugs were brought into D-Donn. Mr. Staunton said it was strange that no searches
were conducted in D-Donn. He stated that the employees are searched periodically, but that the

Exhibit: GG
CF 1948. June 2003

Page 2 00
Investigator(s):

SummersIBalzer

Interviewee's Last Name: Staunton
Case Number: 2004-0043-WB

procedure was "a joke." He said the employees are tipped off before a search can be performed.
The Human Resources Manager Tom Murphy conducted the random selection of the employees
to be searched. By the time the FSM was notified of the search, the identity of the employee to
be searched was !:Down to many people. The selection was made days before the actual search
was conducted. He said the procedure was not effective.
Additional Information

Mr. Staunton related thefollowing about his role in the RJS #15 Incident on April 15, 2004.

RJS #15 had been at FCCC for a long time, and had a history of
, includillg
. Previously, he

Mr. Staunton was the FSM in charge on April 15, 2004. Initially, Ms. Rodgers told Mr. Staunton
that Psychiatrist Dr. Robert Bellino ordered RJS #15 placed on 1:1 statns. Mr. Staunton said he
was aware that 1;1 meant that the resident is a danger to himself and must be constantly
monitored. RlS #15 was not escorted from the Medical Unit back to his dorm. Mr. Staunton
relayed a message to TA Santos, by radio, to keep RfS #15 on the dorm. Mr. Staunton said he
did not advise TA Santos that #15 was on a 1:1 status. Mr. Staunton saw Ms. Lane, who advised
him ofRJS #15's 1:1 statns. Mr. Staunton said he went to the Clinical Department to look for
Dr.-Tara Travia to verify the status.

J\.1r. Staunton said approximately five minutes passed, from the time Ms. Rogers told him 'Of the
restricted status, until he called TA Santos. When he was advised that, according to the log hook
records, 28 minutes had elapsed, not five minutes,:Mr. Staunton said "that might be accurate."

:Mr. Staunton said the clinical staff was eating lunch. He saw Dr. Travia. He advised her of the
siroation. Then he heard TA Sylvia Russell call over the radio, ''We got RlS #15 on the roof."
Mr. Staunton ran out of the door. He said he ran to the gate, and saw RlS #15 on the walkway of
the roof. He began to clear the yard and sent the residents back to their dorms. He remembered
that TA Santos, Dr.Travia, Nurse Gordon, Nurse Campbell, Dr. Bellino, Dr. Lipscomb and Ms.

Haase were present at the scene.
Mr. Staunton said he saw RlS #15 cursing at Dr. Bellino, but the doctor was talking calmly to
him. Mr. Staunton said that he observed RfS #15 pick np an object. Mr. Staunton called for an

Extraction Ki~ 1 becauseRfS #15 was near the razor wire. He said he also saw RfS #15 flicking
his lighter, as though to light his shirt on fire. Mr. Staunton said RfS #15 was agitated and was
cursing. He said, however, RiS #15 walked steadily across the roof, and did not appear to be a
threat to anyone other than himself.
==~
..Mr~auntQn"said-thCcm~j\igU,..clinical

..and-securit)1.staffwere all.atthe scene. He.said_.the_pIOlL.-_ ....
was to get the security staffup on the roof. Mr. Staunton stated that after Dr. Bellino offered RJS
# 15 a drink of water, no one on the clinical staff said anything. He said he felt he had to act.
I

Gloves and boltcutters for use on razor wire.

Page 3 00

Investigator(s):

SummersIBalzer

interViewee's Last Name: Staunton
Case Number: 2004-0043-WB

Mr. Staunton told TA Billeter to get a ladder. He ordered TCC Baez, Billeter, Florence and TA
Santos to go up on ilie roof and restrain RlS #15. As his staff approached RlS #15, he said to
"get them back," or he would jump. As the staff kept going towards RlS #15, he moved toward
the edge of the roof, and jumped. Mr. Staunton said he was not smprised that RlS #15 jumped.
He said he did not hesitate to order ilie staff to restrain RlS #15.

After RlS #15 jumped off ilie roof, Mr. Staunton said ilie security staff handcuffed him. "He
didn't display any combative behavior." The medical staff assessed his injuries, called for an
ambulance, and RlS #15 was transported to the hospital.

.Mr. Staunton stated that he hoped the staff videotaped the incident. He did not mow there were
two hand-held camcorders and two stationary cameras taping the incident. He said be thought
that was "interesting." When asked ifhe saw the videotapes, he replied that he had not, and was
not curious about revievving them. :Mr. Staunton said he did not view the incident as critical. He
was advised that only one out of four tapes survived to show the events of the incident. He said
he did not find that unusual. He said heclid not erase or tape over any tapes. He stated that Ms.
Lane had custody of the tapes.
He said there was an FSM meeting after the incident Mr. Hany, Mr. Robert Vaughn, Assistant
D.irector, Dr. Moore, the medical staff, and HRM Thomas Murphy were in attendance. Mr.,

StalIDton stated they discussed the events of the incident and steps for improvement.
IvIr. Staunton said there was no emergency manual for critical incidents. He said there should be
a protocol when a doctor placed a resident on 1: 1 status. Mr. StaUIiton said Dr. Bellino should
have notified the FSM ofRiS #15's restrictive status. Mr. Staunton said he could have ensured
that RfS #15 was escorted from the Medical Unit to his dorm, and restricted him to his room.
Mr. Staunton provided a sworn 'Written statement (Exhibit GG-1).

Office of Inspector General
Investigations

VOLUNTARY STATEMENT

I,

.,----

57A-0rdo ~

---l fl-A1 £5

-:JU"'f-

of

/

, swear or affinn that on this
hes~j>

, 2004, in

7«

() .

day

County, State of Florida, the

attached statement consisting of _ _ page (s), each initialed by me, is given freely and voluntarily.
No promises, threats, or inducements of any nature, whatsoever, have been made to me in order to
obtain my consent to this statement, which is true and accurate to the besf of my knowledge. I
understand that any statement given is subject to public disclosure pursuant to the Florida Statutes.

Signed:

STATE OF FLORIDA,

_

COUNTY OF =~="",,--.

96l-,It

Subscribed and sworn to (or affinned) before me this

1O

.%Aday of

_~""""==-_ ,2004

~-c-~~

-

,..' '", Terri E. Batzer
'0 commIsSion # 00298527

R
:,

".

--"(N:;:==""'ft~:::::::::':::-:;:::I:;-="

March 9, 2008

~lE:~~~------

Identification by Florida Driver's License
Identification by personal knowledge
Other Iden1ification (Specify Type)

}

CFl714, April 9, 2(1(13 (preyjClUS editiClns are obsolete)

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EXHIBIT:

G;(;J---lI'----

(
Page

Statement of:

Case No:

2004-

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FLORIDA CIVIL COMMITMENT CENTER
SAFETY CONTROL LOG
DATE TIME

DESCRIPTIVE REMARKS

04114104

2
0001

ND

SHIFT LOG CONTINUED ..........................................

0007

COUNT TIME CALLED
FSA COOPER RELIEVES FSA BARNES OF ALL DUTIES AND
EQUIPMENT.

0011

FSA D. WILLIAMS CIF FOR 1ST SHIFT. FSM NOTIFIED

0013

COUNT CLEARS

0033

SECURITY CHECK-ALL UNITS SECURE

0045

SECURITY CAMERAS CHECKED-ALL SECURE

0100

SECURITY CHECK-ALL UNITS SECURE

'~""";"'-"

,-

'131:1.5
.'.

SECLi!?'lty.CAMER!\SCHECKE.D"ALL
SECURE
....

.',

"

,,~

,

.

"

0130

SECURITY CHECK-ALL UNITS SECURE

0135

FSA SMITH ADVISES THAT FENCE CHECKS WITH DOC IS 10-8

ili~: .. 'c..-:,
;i1.5
SWUlRIt¥
c;il;MEfMS®HE£~B"U~R6iJgE
. t
• ,-''.'" ,'<)d; .:.:.:
:_,,_~ ___ ...; .,.':',,0:-" ~,- _,', :":':".<" .. -.;...{J5..
-_,-~_,_,,_' :,c.::'-,;;;,
"'C"," .' ,:-

FSA SMITH ADVISES THAT FENCE CHECKS WITH DOC ARE
10-98, NO DISCREPANCIES NOTED.
SECURITY CHECK-ALL SECURE EXCEPT A. BAND C DORM
WHO DID NOT RESPOND AFTER 3 CALLS, FSM TIPTON
NOTIFIED.

.0155

0200
0230

.

i1l~$

.

SEC.URITY CHECK-ALL UNITS SECURE
C',.'," .:; •.
,__.,: .,'",'; _. ,"GH~CKE.IJ:
__,.' . . "',;, .__. ,:' :""_:.',
'; ,,' S'EciJRE'
." _..,.' _;:.. "',''- <,,}'
.' SEBmficii<N?E:Ms
ALL
.';;> '.. " ':',__•

~_ <_.':~"

0300

SECURITY CHECK-ALL UNITS SECURF

0330

SECURITY CHECK-ALL UNITS SECURE

0'$11'5

SECURITY,CIUidERAS, CHECKED-ALL SECURE

0400

COUNT TIME ANNOUNCED

0405

COUNT CLEAR
FSASMITH, FSAFLORES ESCORTS kESiDEN I S TO MEDICAL
FOR BLOOD WORK.

·c··,c,·'·;· ,_.'''._.'

-,. - ".

I

0407

I
I

·043.0
0447
-

... .,- .

0449

,,,SY.';;,o. '__"

..,. '".'

.',

. ',', .-, _ ' .
-

",'

SECURity CAMERAS CHECKED-ALL SECURE

..

. . ..

",-, .. -.•

VIDEO TAPES EXCHANGED AT THIS TiME
..

BLOOD WORK 10-98
...

.

.
..

.

..

-

0500

SECURITY CHECK-ALL UNITS SECURE

6515

SECURITY CAMERAS CHECKED-All SFCURE
"'-.

Yl

EXHIBIT: _ _Y~

_

2 ND SHIFT LOG.•.........TEAM 2B 1800-0630

4/14/04

.

SECURITY CHECK-ALL UNITS SECURE

0530
0545

SECURITY CAMERAS CHECKED-ALL SECURE
FSA COOPER RELIEVED BY FSA VILLEGAS OF ALL DUTIES
AND EQUIPMENT.

0605

.

.

FSACOOPER

.

FSMTIPTON

...

.

I

I
.

. - .-

.

__..

-- _.

. ..
.

I

..

---

04/14/04

0605

...................... 1A SHIFT LOG BEGINS .................................
FSA VILLEGAS RELIEVES FSA COOPER OF ALL DUTIES AND
EQUIPMENT. FSM STAUNTON ON DUTY.
IN HOUSE 432 OUT 2 TOTAL 434

0606

MED LINE 10-8.

0628

MED LINE 10-98 PER FSA CARLUCCI.

0656

COUNT TIME.

0709

MR. THOMAS ADVISED HE WOULD BE LATE.

0711

DUMP TRUCK ON FACILITY TO 09 PER FSA BILLETIER.

0722
0735

CLEAR COUNT.
RlS
OUT WITH DOC FOR OTM
SVP#
PER TA REED. IN HOUSE 431 OUT 3 TOTAL 434

0750

RlS

0800·
0815

CHOW COUNTS A 22. B 22. C 29, 0 49, F 70, G 23, H 26.
CHOW 10-98 PER FSA TEAGUE.
1 10-12 TO MEDICAL X-RAY PER TA SANTOS.

0832

CEM VEHICLE TO VP PER FSA BILLETTER.

0847

8 RlS FROM A IN ED2 FOR GROUP WI DR. MOORE.

0853

1-10-12 TO ASSESSMENT FOR ATT/CLIENT PER FSA JONES.

0856

9 RlS IN FITZPATRICK GROUP IN CONFERENCE ROOM.

0858

26 RlS IN REC PER MR. BYTHWOOD.

0920

0945

11 RlS IN GARDEN PER TA FLORENCE.
RlS
OUT WITH DOC FOR OTM
;;VP#
PER FSA CARLUCCI. IN HOUSE 430 CUT 4 TOTAL 434
RlS
MOVES FROM INFIRMARY
SVP#
BACK TO '-12 PER TA RODGERS.
FSA EASON CALLED IN FOR 2A SHIF i iSM STAUNTON
ADVISED.

1016

REC 10-98.

1026

MS. FITZPATRICK RETURNS 9 R/S BACK TODORM.

1028
1035

DR. MOORF RETURNS 8 RIS Bf-.CK T;) /\ DORM.
RIS
RE, LRNS FROM OTM PER
SVP#
FSA CARLUCCI, IN HOUSE 431 OUT 3 T,)TAL 434

1040

GARDEN 10-98.

1041

COMMERCIAL AIR ON FACILITY TO VP PER FSA 8[1 LETTER.
RETIJRl1S FROrvi 6'fM·PER-FSA~·
SVF'ff
CARLUCCI. [N HOUSE 432 OUT 2 TOTAL 434

0926
0933

.

-

-- -

,,_ ..... -

-

1051
11100

ON VP FOR WID.

COUNT TIME.

04/14104

.....................1A SHIFT LOG CONTINUES ..... :.................:.; ....
1118

CLEAR COUNT.

1119

REC 10-98.

1124

MED LINE 10-8 PER FSM STAUNTON.

1149

1203

CEM EXITS FCCC PER FSA BILLETTER.
PER FSM STAUNTON PHONED PAPA'S VENDING, ADVISED
MR. THIEME WIRE IS BURNING ON MACHINE, HE ADVISED
UNPLUGGED MACHINE THAN CALL BACK.
FSM STAUNTON ADVISED MR. ALDERMAN UNPLUGGED
MACHINE. MR. ALDERMAN ADVISED SANDWICH MACHINE IS
NON-OPERATIONAL.

1226

UNCLE BEN'S PRIDE TO FIS PER FSA BILLETTER.

1231

NOON MEAL IS COMPLETED PER FSA TEAGUE. CHOW
COUNT: AI291, BI291, C(32), 0(68), F(76). G(32\, H(31).

1157 .

1237

.

I

1243

110-12 TO FIS FOR REPAIR.
5 RlS FROM G IN MS TRAVIA'S GROUP IN ED1, 8 RIS FROM G
IN MS HAASE'S GROUP iN ED4.

1244

8R1S FROM A IN DR. MOORE'S GROUP IN ED2.

1246

11 RlS FROM H IN MR RAMSEY'S GROLJP IN CHAPEL.

1247

9 RlS FROM H IN MS WHITE'S GROUP IN ED9.

1252
1302

UNCLE BEN'S PRIDE 10-98.
MR. POWELL ADVISED SPRINT WILL BE WORKING ON THE
PHONE'S FOR A FEW MINUTES ALL DORMS ADVISFD.

1305

MAIL CALL 10-98 PER FSA CARLUCCI.

1341

COUNT TIME.

1402

CLEAR COUNT.

1405

PAPA'S VENDING TO VP PER FSA Ci'RLUCCI.

1426

REC.10-98.

1444

MS. WHITE'S GROUP 10-98 ALL RIS BACK TO DORH.

1445

MS. TRAVIA'S GROUP 10-98 ALL ,q,/S BACK TO DORM,

1455

MS. HAASE'S GROUP 10-98 ALI RIS SACK TO DORM.

1458

...

.

MR. RAMSEY'S GROUP 10-98 ALL RIS BACK TO DORM.
RlS
OU I WITH DOC FOR OTM
SVP#
1505........!'.ER....TA3.6NTOS. -- _._.,
1524

I 1529

REC 10-98.
MED LINE 10-8 PER FSA BILLETTER.

...

04/14/04

,......................1A SHIFT LOG CONTiNUES.....................•.......
1542

BARBER SHOP 10-8 PER TCC NORMAN.

1550

MED LINE 10-98 PER FSA BILLETTER.

1600

CHOW COUNTS A 30, B 29, C 33, 074, F 96, G 36, H 40.

1620

CHOW 10-98.

1633

REC 10-8 PER TCC MORALES.
FSA BILLETTER CONDUCTS INTERIOR FENCE CHECK WITH
DOC.
CALLED MR. PERKiNS AND LtFT MESSAGE TO CALL, PER
FSM STAUNTON DUE TO PROBLEM IN FOOD SERVICE.

1634
1635
1650

INTERIOR FENCE CHECK 10-98.
9 RIS IN MS. TRAVIA'S GROUP IN CLINICAL CONFERENCE
ROOM.

1658

1710

.

.

1719

E)(CHflNGED\iI;DEO TAPES
MR. PERKINS CALLED ADVISED OF THE PROBLEM AND
INFORMED US TO CONTACT MR. PHiPPS.

1721

MR. PHIPPS WAS CALLED NO ANS'AFR

1722

MR. PHIPPS WAS CALLED AGAIN NO ANSWER.

1728

REC 10-98.

1730

ATTICLIENT 10"98 PER FSA JONES

1737
1745

15 RlS IN ED2 WITH MR. RICKARDS FOR AA.
CALLED MR. PHIPPS AND WAS AD JISED THAT HE IS ON HIS
WAY TO FACILITY FSM MOSLEY ADVISt:.D .

1800

BARBER SHOP 10-98.

1802

MR. PHIPPS 10-12.'
FSA HARGRAVES RELIEVES F,sA VILLEGAS OF ALL DUTIES
AND EQUIPMENT. IN HOUSE 431 OUT 3 TOTAL 434

1810

I
FSA ViLLEGAS

-

.

..

I

.

- .._ ...

FSM STAUNTON

f-

._--~-

,.

04"14·04

1825

FSA HARGRAVES ON DUTY IN SAFETY CONTROL, FSM
MOSLEY IN COMMAND
F UN[T REPORTS F[RE ALARM ACTIVATED ON F UNIT, ALL
AVAILABLE STAFF RESPONDING, CHAPEL [S 10-8

1833

AA MEETING [S 10-98, ALL RIS RETURNING TO THEIR DORMS

1834

F UN[T REPORTS THAT F UNIT ALL CLEAR, ALARM RE-SET

1842

1 RlS FROM A DORM TO CHAPEL

1851

9 RlS RETURNED TO G DORM FROM GROUP
RIS;
RETURNED TO FCCC FROM OTM TAKEN
#
TO INF.

1810

1900
1927

-

1957

MEDICATION LINE IS 10-8
FSM MOSLEY REQUESTS THAT MR. PERKINS BE CALLED
AND TRANSFERRED
D DORM, DONF!!!!

2000

CHAPEL !S 10-98, ALL RIS RETURNING TO THEIR DORMS

2007

MEDICAT[ON liNE [S 10-98

2011

FREE WALK IS 10-98

2012

4 RlS FROM D DORM, 1 RIS FROM G DORM, TO MEDICAL-PRN

2018

3 RlS FROM A DORM TO MEDICAL-PRN

2032

MEDICAL-PRN 10-98, ALL RIS RElURNING TO THEIR DORMS

2100

COUNT TIME

2120

CLEAR COUNT 432 IN HOUSE +2 OTe =434 TOTAL

2150

I RlS FROM D DORM TO MEDICAL

2200

SECUR[TY CHECK

2300

SECUR[TY CHECK

,0

"
2301

FSA WILLIAMS CALLED OFF FOR
DAYSHIFT 4-15-04-S!CK
---_.
1 RIS FROM F UN[T TO MED[CAL

2313

1 RlS FROM MEDICAL RETURNED TO F UNIT

I

I

I
-

I

FSA HARGRAVES
. . __ . -._. - . ..

I

FSM MOSLEY

_ _..

.

~-

FLORIDA CIVIL COMMITMENT CENTER
SAFETY CONTROL LOG
.

DAlE TI,ME
04·15·04

DESCRIPTIVE REMARKS

0001

COUNT TIME

b005

SECUf'-itYVCR TAPES CHANGED

0020

CLEAR COUNT 432 IN HOUSE + 20TC = 434 TOTAL

0100

SECURITY CHECK

0204

SECURITY CHECK

0300

SECURITY CHECK

0400

COUNT TIME

0424

CLEAR COUNT 432 IN HOUSE + 2 OTC = 434 TOTAL

0508

3 RlS FROM G DORM TO F/S

"

3 RlS FROM A DORM TO F/S

0509

1 RlS FROM C DORM TO F/S

0517

1 RlS FROM H DORM TO FIS

0540

1 RlS FROM A DORM TO F/S

0541

1 RIS FROM H DORM TO F/S

0554

1 RlS FROM H DORM TO F/S

0555

2 RlS FROM B DORM TO F/S

0558

1 RIS FROM A DORM TO F/S

"

1 RlS FROM C DORM TO F/S

0603

1 RlS FROM F UNIT TO F/S

0608

3 RlS FROM H DORM TO F/S
1 RlS FROM D DORM TO FIS

0609

MEDICATIONI ACCU CHECK LINE IS 10-8

.

.

0610
.. ,

I

FSA HARGRAVES RELIEVED IN SAFETY BY FSA VILLEGAS
._..
- -- -.

FSA HARGRAVES

FSM MOSLEY

-

04/15/04

PG 1

0610

.........................1A SHIFT LOG BEGINS ................................
FSA VILLEGAS RELIEVES FSA HARGRAVES OF ALL DUTIES
AND EQUIPMENT. FSM STAUNTON ON DUTY
IN HOUSE 432 OUT 2 TOTAL 434

0613

MED LINE 10-8 PER FSM STAUNTON.

0618

EXCHANGED VIDEO TAPES.

0631

MED LINE 10-98.

0700

COUNT TIME.

0715

CLEAR COUNT.

0736

CEM ON FACILITY TO D9 PER FSA BILLETTER.

0750

CHOW COUNTS A 19, B 13, C 28, D 71, F 69,'G 19, H 21.

0800

MED LINE 10-8 PER FSA CARLUCCI.

0812

RlS

0810

CHOW 10-98 PER FSA TEAGUE.

0835

REC 10-8 PER TA NUNN.

0839

MED LINE 10-98,

0840

11 RlS IN REC.

0845

12 RIS FROM A IN MR. THOMAS GROUP IN ED2.

0856

10 RIS FROM H IN MS. WHITE'S GROUP IN CLINICAL BLDG.
1 10-12 TO ASSESSMENT BLDG. FOR ATT/CLIENT PER FSA
JONES.

FROM G DORM IN VP FOR WID.

.

0900
0903

0935

GARDEN 10-8 PER TCC SMALLS.
1 RlS FROM CLINICAL BACK TO WID CANTEEN PER MR.
RICKARDS.
EMS CALLED BY MEDICAL DUE TO A PROBLEM WITH A
CONSTRUCTION WORKER IN MEDICAL AREA PER FSM
STAUNTON.
OUT WITH DOC FOR OTM
RlS
SVP#
PER FSA CARLUCCI. iN HOUSE 431 OUT 3 TOTAL 434

0952

EMS 10-12 ON FACiUTf TO MEDiCAL PER FSA BILLETTER.

0904

0933

,

11005

...

MR.

THO~lIAS

GROUP 10-98 ALL RlS BACK TO A-DORM.

1015

EMS AND CEM OFF FACILlTf GROUNDS PER FSA BILLETTER.

1033

MS. WHITE'S GROUP 10-98 ALL RIS BACK TO H-DORM.
RETURNS BACK FROM OTM
RlS
SVP#
PER FSA CARLUCCI. IN HOUSE 432 OUT 2 TOTAL 434

1041
1-1048

IGARDEN 10-98 PER TA FLORENCE.

1052 .110 RlS IN REC.

I

04/15/04

PG2

........................1A SHIFT LOG CONTINUES ...........................

1054

1 RlS FROM CLINICAL BACK TO A DORM.

1057

PAPA'S VENDiNG IN TO VP PER FSA BILLETTER

1100

COUNT TIME.

1115

CLEAR COUNT.

1130

MED LINE 10-8 PER TA NUNN.

1131

VELDA FARMS TO FIS PER FSA BILLETTER.

1140

.

1149
1150
1153
1157
1159
1200
1201
1205
1206
1211

.

,

1221

I
I

1222
1224

=

.

DENTAL IS COMPLETED PER TA WRIGHT.
..........................EMERGENCY LOG BEGINS ..........................
PER TA RUSSELL, RESIDENT
SVP#
W/M ON TOP OF THE ROOF, ALL AVAILABLE STAFF ASKED
TO RESPOND, STAFF ADVISED EMERGENCY RADIO TRAFFIC
ONLY.
PER FSM STAUNTON STAFF ADVISED TO CLEAR THE YARD
AND SECURE GATES.
TCC LANDERS ADVISED A RESIDENT WAS ON THE WALK
WAY IN FRONT OF HUMAN RESOURCES.
.
PER FSD LANE STAFF ADVISED DO NOT RELEASE ANY
RESIDENTS.
PER FSM STAUNTON NEED EMERGENCY KIT AND
STRETCHER FROM MEDICAL.
PER FSM STAUNTON NEED ABSTRACTION KIT FROM GATE
CONTROL.
NURSE RANGER IS ENROUTE WITH EMERGENCY KIT AND
STRETCHER.
PER FSD LANE CALL SHERIFF DEPARTMENT AND ADVISED
OF SITUATION.
911 WAS ADVISED OF THE SITUATION AND ASK TO SEND AN
OFFICER PER FSA CLARK.
FSM STAUNTON RECEiVES ABSTRACTION KIT PER FSA
VILLEGAS.
RESIDENT
JUMP OFF ROOF.
SVP#
HE WAS IMMEDiATELY SECURED BY STAFF AND OBSERVED
BY MEDICAL STAFF.
PER FSD LANE CANCEL 911 CALL. FSA VILLEG.".S DESOTO
COUNTY SHERIFF DEPARTMENT NO DEPUTY IS NEEDED
SITUATION is UNDER CONTROL.

PER FSM STAUNTON NEED BOARD FROM MEDiCAL.
PER FSD LANE CALL 911 ADVISED NEED AMBULANCE ONLY.
- - - - - - - - - - C- _ " ,
,FS-Ac VIl:bEGNiHlAbI£8 SHERiFF 8Ef'ARl'MEN:r-ANAQVISED~.
NEED AMBULANCE ONLY AT FLORiDA CIVIL COMMITMENT
1225 CENTER.

4/15/04

PG3

......................1A SHIFT LOG CONTINUES .............................

122a

EXCHANGED TAPES IN SAFETY 67-69 TO 70-72,
(4) EMS ARRIVES AT FCCC AND ESCORTED BY TA
MULLIGAN.
(1) DEPUTY FROM DESOTO COUNT SHERIFF DEPARTMENT
AND (1) DESOTO CORRECTIONAL OFFICER ARRIVES AT
FCCC ESCORTED BY TA MULLIGAN.
.
FSM STAUNTON ADVISED GATE (FSA CHAMBERS) TO
ADVISED SERGEANT CHAMBERLAIN (DESOTO
CORRECTIONAL INSTITUTION) TO PHONE IMMEDIATELY.

1237

1241

1250
1301

COUNT COMMENCED.
RESIDENT'
1M DEPARTED
SVP#
WI DOC AND EMS ON STRETCHER PER FSA VILLEGAS.
IN HOUSE(431\+OTC(21+0TMI1)=1434\

1303
1320

RECOUNT PER FSM STAUNTON.
F~N';$rf}l)!,!TQt'<I TAKES TAPI;' #71 OUT OF VCR AND'

1325 .' iRl;pt/,-GE WlJt7"3. .'
.EMERGENCY GOUNT NEEDED - ALL STAFF ADVISED SEND
RESIDENTS TO RESIDENTIAL HOUSING UNITS PER FSM
1344 STAUNTON•
1352 . FSMI CARLUCCI ADVISED YARD IS CLEAR.

.

1353
1406

EMERGI;'NCY COUNT COMMENCED.
CLEAR COUNT ON FACILITY GROUNDS, FCCC RESUMI;'
BACK TO NORMAL OPI;'RATIONS PER FSD LANE.

1407

COMPUTER LAB IS OPERATIONAL PER TCC LANDERS.

1408

LIBRARY IS OPERATIONAL PER TCC SCHEID.

1415

THL TRUCK DEPARTS PER FSA BILLETIER.
RlS
OUT WITH DOC FOR OTM
SVP#
PER TA FLORENCE.

1430
1436

3 RIS FROM G WITH MS. TRAVIA IN CLINICAL BLDG.
2 10-12'S FROM ASSESSMI;'NT DI;'PART FACILII Y pm TA
1437 MULLIGAN.
RlS
SVPii
OUT Wi ! '1 DOC FOR
1505 , OTM PER Tce MORALES. iN HOUSE 429 OUT 5 TOTAL 434
1521 MED LINE 10-8 PER TCC NORMAN.

I

1535

MAIL CALL 10-98 PER TA FLORENCE.

1543

MED LINE 10-98.

I 1552
1556

1. RIS FROM CLINiCAL BACK TO AcOD'RI\il".

CHOW 10-8 PER FSATEAGUE..

.. ,,--

----

-

.. -

04/15/04

PG 4

...................1A SHIFT LOG CONTINUES ................................

1632
1635

CHOW COUNTS A 34, B 32, C 30, D 69, F 93, G 30, H 28.
R1S
,SVP#
RETURNS FROM OTM PER
FSA JONES. IN HOUSE 430 OUT 4 TOTAL 434

1644

CHOW 10-98.

1650

COMPUTER 10-8 PER TCC LANDERS,

1652

1505

LIBRARY 10-8 PER TCC SCHEID.
MOVES FRON
R1S
TO
SVP#
MOVES
FROM
, R1S
SVP#
TO
PER TA REED.

1507

5 R1S FROM G IN MS. HAASE'S GROUP IN ED4.

1726

14 RlS FROM H INMS. FITZPATRICK'S GROUP IN ED2.

1748

BARBER SHOP 10-98 PER TCC NORMAN.
FSA HARGRAVES RELIEVES FSA VILLEGAS OF ALL DUTIES
AND EQUIPMENT.

1810

-:-

FSA VILLEGAS

FSM STAUNTON

•.
-

I

,

"'

-

.....

I

. ... _... _-

04·15-04

1810

FSA HARGRAVES ON DUTY IN SAFETY CONTROL, FSM
MOSLEY IN COMMAND

1831

CHAPEL IS 10-8

1835

FIRE ALARM ACTIVATED ON F UNIT

1844
1846

.. '
SECURITY VCR TAPES CHANGED
FSM MOSLEY REQUESTS THAT FSD LANE BE CALLED AND
PUT THRU TO F UNIT, MESSAGE LEFT ON HOME PHONE

1854

5 RlS FROM GROUP TO G DORM

1904

1 RlS FROM F UNIT, 1 RIS FROM G DORM TO MEDICAL

1905

14 RIS RETURNED TO H DORM FROM GROUP-ED3

1906

FIRE ALARM RE-SET ON F UNIT, ALL OKAY

1908

9 RlS RETURNED TO H DORM FROM AA GROUP

1910

RlS

1914

2 RIS FROM MEDICAL RETURNED TO. THEIR DORMS IF & G\

1915

MEDICATION LINE IS 10-8

1921

1 RlS FROM D DORM TO CHAPEL

1929

1 RlS FROM H DORM TO MEDICAL

1940

1 RlS FROM D DORM TO MEDICAL-PRN

1942

3 pJS FROM B DORM TO MEDICAL-PRN

1944

1 RlS FROM A DORM TO MEDICAL-PRN

1949

2 RlS FROM G DORM TO MEDICAL-PRN

1953

CHAPEL IS 10-98, ALL RlS RETURNING TO THEIR DORMS

1955

FREE WALK IS 10-98

2005

MEDICATION LINE IS 10·98

2036

1 RlS FROM A DORM TO MEDICAL

2042

1 RlS FROM MEDICAL RETURNED TO A DORM

2058

1 RlS FROM MEDICAL RETURNED TO A UNIT

I 2102

.

..

J

#

RETURNED TO FCCC FROM OTM

.

I COUNT TIM!=

2122

CLEAR COUNT 431 IN HOUSE + 1 OTM + 2 OTe ; 434 TOTAL

2200

SECURITY CHECK

2300

SECURlTY CHECK

-

-

-

.,

FSA HARGRAVES

..

FSM SMITH

I

FLORIDA CIVIL COMMTIMENT CENTER
SAFETY CONTROL LOG
DATE TIME
04-16-04

DESCRIPTIVE REMARKS

0001

COUNT TIME

0018

CLEAR COUNT 431 IN HOUSE + 10TM + 2 OTC'; 434 TOTAL

0100

SECURITY CHECK

:01'05

0155

RtS
t -RETURNED TO FCCC FROM OTM,
TAKEN TO INFIRMARY AND PLACED ON ONE TO ONE
FSM SMITH CALLED FSD LANE REF. TO RlS WAGNER'S
RETURN TO "CCC FROM OTM.

0201

SECURITY CHECK

0300

SECURITY CHECK

0401

COUNT TIME

0421

CLEAR COUNT 432 IN HOUSE + 2 OTC = 434 TOTAL

0502

4 RIS FROM A DORM TO F/S

0503

1 RlS FROM G DORM TO F/S

"

1 RlS FROM C DORM TO F/S

0504

1 RlS FROM D DORM TO F/S

0510

2 RlS FROM F UNIT TO F/S

0514

1 RlS FROM C DORM TO F/S

0528

1 RlS FROM G DORM TO F/S

0548

1 RiS FROM BDORM TO F/S

0559

3 RlS FROM A DORM TO F/S

0603

2 RlS FROM B DORM TO F/S

0605

1 RlS FROM H DORM TO F/S

0610

MEDiCATION! ACCU CHECK LINE IS 10-8

0611

3 RlS FROM C DORM TO F/S

0612

7 RlS FROM H DORM TO F!S

0617

1 RlS FROM F UNIT TO F/S

1823

FSA HARGRAVES RELIEVED
WiLsON
--- - -------

0113

-

I

- I FSA HARGRAVES

-

IN SAFETY CONTROL BY FSA

---- -

------------------FSM SMITH

1823

1 sr SHIFT LOG I FRIDAY APRIL 16, 2004 I
FSA WILSON RELIEVED FSA HARGRAVES OF ALL DUTIES IN
SAFETY. ALL RADIOS CHECKED AND ACCOUNTED FOR. ALL
OTHER EQUIPMENT CHECKED. ALL CAMERAS APPEARS
OPERATIONAL. POPULATION COUNT: 1432 I/H + 2 OTC = 434)

0640

MEDICATION LINE CLOSED. PER FSA AVANT..

04-16-04

0700

COUNT TIME
-"'-'c-"";\-"

....

,__.

;(jilZ·

.cHANGED

0719

CLEAR COUNT

0726

THL CONTRACTORS ON COMPOUND. PER FSA HOLLENBECK.

0755

FOOD SERVICE STARTED. PER FSA MALONE.

,.

.

VCR TAPES'

25 RESIDENTS FROM RHU,A OUT TO CHOW.
29 RESIDENTS FROM RHU-B OUT TO CHOW.
33 RESIDENTS FROM RHU-C OUT TO CHOW.
71 RESIDENTS FROM RHU-D OUT TO CHOW.
71 RESIDENTS FROM RHU-F OUT TO CHOW.
23 RESIDENTS FROM RHU-G OUT TO CHOW.
.

24 RESIDENTS FROM RHU-H OUT TO CHOW.
0807

MEDICATION LINE OPENED. PER FSA AVANT.

0832

FOOD SERVICE COMPLETED.

0843

RECREATION STARTED. PER FSA JONES.

0852

MEDICATION LINE CLOSED. PER FSA AVANT.

0853

FSA WILSON RELIEVED BY FSM DENNIS OF ALL DUTIES.

0901

MR. LANGEVIN ADVISES OF 2 RlS ON WORK DETAIL.

0908

GARDEN SERVICES BEGAN PER TA HARRIS.

0921

TA HARRIS REPORTS THAT 12 RlS ARE IN THE GARDEN.
FSAJONES ADVISES THAT 16 RlS ARE IN RECREATION AT
THIS TIME.

, 0922

.

I
GED SERVICES BEGAN PER FSA CLARK.
1M DEPARTS THE FACILITY
RlS
SVP
UNDER SUPERVISION OF THE DEPARTMENT OF
CORRECTIONS FORAN OUTSIDE MEDICAL APPOINTMENT.
0928 431 + 2 OTC + 10TM = 434.
TA SNOW PRESENT IN THE VIDEO CONFERENCE ROOM WITH
-- -RTS'Al\lDFRDM DtlRM'ffiR-A-PH6NE~
0950 CONFERENCE.

I 0926

•. -_..

I 1007

GEM ROOFING ON GROUNDS PER FSA HOLLENBECK.

·

.

.
04/16/04

FIRST SHIFT SAFETY CONTROL LOGI CONT. (1 B)
1015

RlS

1025

RECREATION FOR NON CONSENTERS COMPLETE.

1028

RECREATION FOR CONSENTERS BEGAN PER FSA JONES.
TA SNOW ADVISES THAT THE PHONE CONFERENCE IN THE
VIDEO CONFERENCE IS COMPLETE.

1036
1037

FROM CLINICAL TO FOOD SERVICE WID.

FLOWERS BAKERY ON GROUNDS (FSA HOLLENBECK)

1038

RETURNED FROM OUTSIDE MEDICAL TRIP
COUNT: 432 RES. ON GROUNDS & 2 OTC = 434 TOTAL

1045

TA THOMAS ACCEPTING ALL DUTIES OF SAFETY CONTROL

1053

FLOWERS BAKERY OFF GROUNDS

1105

COUNT TIME

1133

RECOUNT CALLED PER FSM DENNIS

1146
1148

DENTAL 10-98 PER TA WASHINGTON

1150

FOOD SERVICE 10-8 PER FSA MALONE

1152

MAIL ROOM 10-8 PER TA BURROUGHS
CEM ROOFING COMPLETES ASSIGNMENT PER FSA
HOLLENBECK. SECURITY CHECK CALLED NS

1205
1238

MEDICATION LINE IS COMPLETED PER FSA AVANT.

1240

GED 10-8 PER FSA CLARK. SECURITY CHECK CALLED NS

1241

FINAL CALL FOR MAILROOM

1242

COMPUTER CLASS 10-8 PER TCC SCHIED
,
36 RES TO CHOW FROM ALPHA
28 RES TO CHOW FROM BRAVO
36 RES TO CHOW FROM CHARLIE
78 RES TO CHOW FROM DELTA
84 RES TO CHOW FROM FOXTROT
33 RES TO CHOW FROM GOLF
27 RES TO CHOW FROM HOTEL

I

..

COUNT CLEAR

1300

CHOW HALL 10-98

1303

JUMA SERVICES 10-8 PER TA WASHINGTON

1308

MAILROOM 10-98. SECURITY CHECK CALLED NS

..

1329 'i·vislTOR TO AIT CLIENT
1333

EscORTED BYhA. AVANT

1 RES. ROUTENBERG TO An. CLIENT

,
I

-

__

0-

"

'"

,

4/16/04

FIRST SHIFT SAFETY CONTROL LOGI CONT. 11 B)
1344

1 RES.

·DORM

FROM An. CLIENT TO

1 VISITOR FROM An. CLIENT TO CLINICAL
1357
1402

1 RES FROM BRAVOTO MEDICAL WITH TA V. CAMPBELL
1 RES FROM BRAVO TO COLLEGE COMPUTER CLASS
SECURITY CHECK CALLED NS

1405

RECREATION 10-8 FOR ALL DORMS PER FSA VENTURA

1407

JUMA SERVICES 10-98

1414

1 RES BACK FROM MEDICAL TO BRAVO

1426
1431

ICE CALLED FOR DORMS
1 RES (
) FROM FOX TO MEDICAL. SECURITY CHECK
CALLEDNS

1442

1 RES LEAVING CLINICAL TO RETURN TO DORM

1447

1 RES RETURNED TO FOX FROM MEDICAL

1459
1505

1 RES FROM An. CLIENT TO FOX DORM
1 VISITOR FROM An. CLIENT TO MEDICAL. SECURITY CHECK
CALLEDNS

1516

1 VISITOR FROM MEDICAL TO GATE PER TCC L. JOHNSON.

1523

ATT. CLIENT 10-98. SECURITY CHECK CALLED NS

1542

MEDICATION LINE 10-8 PER FSAAVANT

1549

COMPUTER CLASS 10-98

1557

1600

RECREATION 10-98
MEDICATION LINE 10-98 SECURITY CHECK CALLED Als
RES.
PLACED ON 1:1
#
STATUS. PERMANENT MOVE FROM'
TO

1612

COUNTT/ME

I

,

.

1638
I

1649

.. .. ,-

CLEAR COUNT
SECURITY CHECK CALLED ALL DORMS ARE SECURE AT THIS
TIME
FOOD SERVICE 10-8 PER FSA MALONE

1650

FENCE CHECK 10-8 PER FSA HOLLENBECK

1657

RECREATION 10-8 PER FSA VENTURA

"-

1700 . SECURITY CHECK A1S
1701

-_._. -

79 RES TO CHOW FROM DELTA

. --

4/16104

FIRST SHIFT SAFETY LOGI CaNT. 118\
1701

FENCE CHECK 10-98

1708

COMPUTER CLASS 10-8 PER FSASCHIED

1711

1724

36
32
37
29
35
91

1733

SECURITY CHECK AlS

1755

SECURITY CHECK AlS

1818

TA THOMAS RELIEVED OF ALL DUTIES OF SAFETY CONTROL

1715

RES
RES
RES
RES
RES
RES

TO
TO
TO
TO
TO
TO

CHOW FROM
CHOW FROM
CHOW FROM
CHOW FROM
CHOW FROM
CHOW FROM

ALPHA
HOTEL
GOLF
BRAVO
CHARLIE
FOX

432 RES ON COMPOUND AND 2 OUT TO COURT FOR A TOTAL
OF 434. RELIEVED BY FSA BARNES

TATHOMAS

.

_~._--

.

.

.

,

..

,

.,

- ..
,

FSM DENNIS

--

... _..... -

.. - -

_._--

. .

.

04/16/04

1818

2 SHIFT ON DUTY. FSA BARNES RELIEVED TA THOMAS
OF ALL SAFETY DUTIES. FSMI ALLEN ON SHIFT

1858

WESTLAW 10·98

"

LIBRARY OPEN FOR EXCHANGE ONLY

1906

CHAPEL 10-8 (FRENCH)

1918

7 RS IN CHAPEL

1924

SICK CALL 10-8

1928

PILL CALL 10-8 (

1956

PRN 10-8

2000

YARD 10-98

2014

PRN 10-98

2015

PILL CALL 10-98

2100

COUNT TIME CALLED

2109

CLEAR COUNT: IN HOUSE 432 + 2 OTC - 434

2125

BUILDING CHECKS 10-8 (

2100

BUILDING CHECKS 10-98

2103

SECURITY CHECK

2230

SECURITY CHECK

2304

SECURITY CHECK

2331

SECURITY CHECK

.

\

)

LOG ENDED FOR 04/16/04

I

I
FSA BARNES

...

--

- ..

•

_0

••••

I
I

.... .

-.

..

FSMIALLEN

_., - .'.-._ ..

_-_.

-

.

-

-

.

Office of Inspector General
Investigations
MEMORANDUM OF RECORDS REVIEW
Case Nnmber: 2004-0043-WB

Allegations 1 and 2

Mini-Videotape entitled ''Tape 1 Foxtrot."
The tape shows RJS #15 walking on the roof of an FCCC building. He walks up and down, and
sits down, with his legs extended. He appears calm. He is shown lighting and smoking a
cigarette. A voice is heard, apparently a person near the camera, talking about the weather.

About four minutes into the tape, R/S #15 stands up, and appears to be agitated. He moves
toward the edge of the roof, and he is heard talking to (Ms) Lane telling her to have the staff
"back off or I'll jump." The caroera then pans the sky.
A split second later, the camera shows R/S #15 face down on the ground, moaning. He is being
handcuffed by FSM Jaroes StaWlton. Ms. Lane looks on, and other staff surroWld him.

Exhibit: JJ
CF1949, May 2003

FAX GOVER SBBB~

'To: lIIRS. Gl\MThhE 'TANl'ffiR, HUMAN I/ESOUlIC.ES
G01!lPANY:UBERTY HEALTHCAI/E
RE: FOR YOUR IN.l:'ORMA'fION

PHONE: 610-66~"5559
FROM.: D.R. MOShEY, FACIUTY SAFETY MANAGER

GOMPANY: .!:'hORIDA GIV:lh GOMMI'[MEN'f GEN'fER

PHONE:

~~Z~6S483S

.NUMBER OF GOPffiSJ#MS. TANNER I THOUGHT THAT YOU WOULD BE INTERESTED IN THIS. I DON'T THINK
THIS INCIDENT WAS PROPERLY HANDLED. WOULD YOU CHECK INTO THIS FOR ME
PLEASE THANKS.

EXHIBIT: '

,

FROM THE OFFICE OF:
lI.e,"'O~l-EY, Facility Safety Manager
SENT: MONDAY JUNE 16,2004
TO: CAMILLE TANNER, HUMAN RESOURCE
FE: STAFF INSUBORDffiATION AND DERELICT OF DUTIES

ON JUNE 09,2004., MYSELF,MR MURPHY AND F.S.D. LANE METV1ITHFSA SMTIH TO DISCUSS "'WITH

HIM: ABOUT AN INCIDENT ~AT TOOK PLACE ONFRID},.Y6-4-04.

TIITS MEETING WAB ARESULT OF MIL SMTIH'S ACTIONS,liND DEMEANOR ON SUNDAY 5-9-04.
DURmG1IDS'.MEE'I'ffiG:MR. SMITH rnsISTED mAT AS ANFSMlNTERlM, HE WABNOT TO BE
ASSIGNED TO A FIXED POST. MS. LANE ADVISED:MR SMrrR '!RAT WHEN I AM TSE FSM, MR. SMITH
IS
THE CAPACrrY OF FSA ONLY, AND 'IHEREBY ASSIGNED .AN'YVi1'KERB I FEEL:HE 1S NEEDED.
.
UPON E:E.ARrnG THIS MR. SMTIH BEC.A11E JNFURIA1ED AND BEGAN TO MJ>.KB ACCUSATIONS OF ME

m

SEXUALLY HARASSillG THE FEMALE STAFF.
TO NfY KN:OWLEDGE, WE SUCH CLAIMS HAVB BBEN MADE AGAillST:ME. MIL MURPHY AN!? MS.
LANE BGUI KNEW NOTIIING OF THBSE.AI.iEGATIONS.(SJNCENONE HAVE BBBN FORMALLY FILED.)
MIt MURPHY ASKED MR. SMITH WRY DID HE LEAVB IDS AS'SIGNED POST. MR. SMITH STATED TO
MR.., MURJ'HY "I'M TIRED OF IDS POWERPhAY." MR MURPHY ASKED HTh1 TO E)[[>LAJN pomR
P,LAY. HBMURMURED THATIALWAVSWANTED TO BE IN CHARGE ANDTHATI ALWAYSMAXE
EXCUSES.
:MIL SMITH .A:.GAlN" STARTED TO MAKE AlLEGATION OF :ME SExuALLY HARASSrnG THE FEMALES,
CDVERlN"G UP THIN'GS AND PADDmG THE ROSTER TO COVER UP STAFF'S pro.
Ali OF WIDCH WERE NOT TRuE A1ID COULD NOT BE SUBSTANTIATED.
MS. LANE ASKED MR. SlvIITH IF WE COULD RESOLvE THIS:M:ATTER, WOULD HE BE wrr...LrnGTO
WORK,WITHME. HESTAlBD"NO".,
.
. .
MR. MI.JRPHY'I'HEJ:'!.ASK:ED MR. SlvIITHWHY HE comn NOT WORK WITH ME. MR. SMITH REPLIED
"IWllLNGT WORK WITH TBAT M.AN", HE'S A liAR, HE NOl'BlGHT."
MR. :MURPHY THEN ASKED MR. SMTIH" ARE YOU SAYmG YOU WON'T WORK. WITH MR.. MOSLEY?"
MR.. SMTIH T.8EN STATED "NO, I WON'T WORK WItH 11AN, IF I RAVB TO WORK WITH TBIS MAN I
GUESS YOUWJLLBE SHORT TWO PEOPLE TONlGHT."·
.
MR. sMrrnAGAlli STARTED TO MAKE .ALl.BGATION TOWARD ME.
AT THIS 1ThIE I HAD TO ADVISE MIL SMITH OF HIS SLLrIDEROUS RE~iARKS , I ADVISED 1m.1 IF HE
CONTINUED TO MlJCEF.A.LSEACCUSATIONWITHOl.i"TPROOF1RATI WOTJLD FILE CHARGES OF
SLAJ\lDERJ.ND HA...VJ3S1J'':EJrr AGA....n.ffiT ;:rTM.-.
MR. SMITH STILL INFllRlI>.TED ,STATED HEW.A..3 NOT GOWG TO WORK "WITH ME.
OBSERVilla THAT IT WAS FRUITLESS TO CONTWUE 'WITH TIllS l:v:I:EET'Jl'fG, I ASRED IF I COUlD BE
gru~,

.

A SHORT TIME LA1ERlRECEIVED A PRONE CAlL FROMFSD LANE INQu:IR.illG IT IliAD El'!OUGR
STAFF TO RUN TItE sJ;IIFrIF MR. SMITH WENTHOJvfE. I THEN mQUIRED AS TO WRATWAS GOING
ON. MS; u.NEREPUED·TOME THATMR SMITH WAS TO UPSET TO WORK.Al>TREQUESTED TO GO
~~~=~..=HeME.---'---'B-:cr-.r-:-SBE-:W:A:N'''FEB'-'IBM:/'I;lffi-:S11RE--I--M,1E-f,-E-s::r.,AFF..FQR--mB~-BEF.o~ ..$Jc3:E-G.f..-v.:E---_.__
SMITH AND M'S. CJ:.mE TO ExrrTffB FACILITY. '
.
ON THURSbAY 6-10-04 SUPPOSEDLY BOTH STAFF CALLED OFF FOR WORK.
}\LSO IWAB J..DVISED UPONMYRETUR...N"TO WORK mATEOTE: STAFF WOULD BE our IJNTJL
FlJ"RTHER NOTICE.
IT CLEARLY SHOWS TRAT THIS SITUATION WAS NOT RANDLB RIGHT.

"

1'G. 2 OF 2

NOTE: ON THE SATURDAY (6-6-04) FSD LANE SHOWED UP AT '!HE FACILlTY AND wrmour
REASON CHANGE MY SCHEDULE.
UPON MY ARlUVAL TO WORK ISPOKEWITHHERBRIEFLY ABOWTHE eHAN"GE ANDWffY SO
SUDDENLY. HERREPLY1'6:MEWAS THAT FSMSTAUNTONWAS GQillGTO SCHOOL.
t THEN OO'ORMED HER THAT I WAS SCBEDur..E TO TAKE A MANAGEMENT CLASS ALSO.
AJ:'[El HOW WAS IT THAT MR. STAUNTQN>-S CLASSES TOOK PRECEDENCE OVER:MY GLASSES.
I'M ALREADY ON NIGHT SBlFT AND MY DAY CLASSES DID NOT INTERFERE 'NITH WORK.
r SPOKE vr.rTII:M:R.. STAUNTON CONCERNING 1'RE CHANGE, Mit. STAUNTON mFORMEJ) 1m m.A.T HE
HAD lJOT SIGNED UP FOR.ANY CLASSES YET, HE WAS T:BINEING OF SIGl'ID'fG UP IN TWO WEEKS.
ON 6-14..()4 I SPOKE WITH BER AGAIN AND IDa'LAINED TO HER THAT MR. STAUNTONWS ALREADY
WORKING THE OPPOSITE NIGHT SHIFT AND PREFERRED TO SrAY ON THAT PARTICULAR SBIFT.
Slffi STATED THAT SHE WOULD CKBCK"WITH THE NEWFSM THAT RECENTLY WilE ASSIGNED TO
mAT SHIFT AND SEE IT SHE WANTED TO CHANGE.
PLEASE CHECKmTO THIS FORM:E.

D.R.MOSLEY

.T:R--O}v[T}{E 0 TJlCE 0 T:
D.e.I1"~LEY. faciltty Safety Jv(anaqer
SUNDAY JUNE 06,2004

TO: RICKHARRY.EXECUTIVEDIRECTOR
RE: FOR YOUR mFORMATION
MIl HARRY I'M SENDING YOU A CHRONOLOGY COPY OF A COUPLE OF INCIDENTS TIiAT
I'VE HAD WITH STAFF TIiAT YOU SHOUlJ) KNOW OF,IF YOU ItAVEN'T BEEN INFqRMED
BY F's,D, LANE.

cc
c;AMILLE TANNER, HOMAN RESOURCES
SUEKEANON,CONIRACT MANAGER

! ., ......

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.

.

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,\

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DATE: MAY 9, 2004

~\

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ONMAY 9 (MOTHERS DAY) I HAD GIVEN AN ABUNDANT AMOUNT OF
STAff OFF, THEREBY CUTTING IT CLOSE TO THE MINIMUM REQUIRED
STAFFING. I MADE NECESSARY CHANGES TO MY ROSTER ON SATImDAY
MAY 8 TO ACCOMMODATE THE PTO
THE FOLLOWING EVENTS OCCURRED ON MAY 9, 2004 INVOLVING
FSMI/FSA SMITH.

MR. sM:I'tH ENTERED THE FSM OFFICE BEFORE BRI:EFING AND CHANGED
THE SCHEDULE ROSTER WITHOUT MY AUTHORIZATION, MR. SMITH

REMOVED HlMSELF AS THE SUPERVISOR OF F UNIT AND ASSIGNED
HlMSELF TO CHAPEL AND FOOD SERVICE.
I ENTERED THE FSM OFFICE AS USUAL AND LOGGED ON TO THE
COMPUTER AND DISCOVERED THAT MY SCHEDULING ROSIER HAD BEEN
CHANGED. MR SMITH WHO I HAD PREVIOUSLY BEEN LISTED AS
SUPERVISING F UNIT WAS NOW ASSIGNED TO CHAPEIJYAROIFOOD
SERVICE. I IMMEDIATELY CHANGED THE ROSTER BACK TO THE WAY I
HAD PREVIOUSLY MADE IT.
I CONDUCTED THE BRIEFING AND ISSUED THE ASSIGNMENTS, MR SMITH
WAS ASSIGNED TO FUNIT AS SUPERVISOR

MR. SMITH WENT TO THE CHAPEL AND ORDERED FSA EASON TO LEAVE

CHAPEL AND RESPOND TO F UNIT AS SUPERVISOR FSA EASON NOT
WANTING A CONFRONTATION WENT TO F UNIT AND CONTACTED ME.
(SEE ATTACHED INCIDENT REPORT)
I CAUGID UP WITIJ: MR SMITH ON THE YARO AND ADVISED HlM TO COME
TO MY OFFICE (BE WAS ESCORTING A RESIDENT) AFTER HE WAS
FINISHED. MR SMITH NE\7ERA.l\RlVED AT MY OFFICE. ITIlENDECIDEDTO
WAfT UNTJL A."'1ER THE MIDNIGID COuNT CLEARED TO SETTLE THIS
MATTER BY TALKING TO MR SMITH
AT APPROX 0030 HOURS I CALLED MRSMITH TO THE FSM OFFICE AND HE
RESPONDED. MR SMITH TOLD ME THAT "HE HAD NO TALK FORME".
THAT I COULD TALK, BUT THAT HE WOULDN'T TALK TO ME.
-~-~'''''I-STOPPErrrn'E-CX)tf\lER8t<:TIGN- k'fTHA-'f-POlN'f-T-B-PRE'VENCr-ANY-- .. -_.._.
FIJRTHERHOSTJLITIES.

"

LA1ERONFSAHARGRAVES ADVISED ME THAT APPARENTLY AF1EROUR
"TALK" IN TIrE FSM OFFICE, MR SMITH WENT TO SAFETY CONTROL AND
SPOKE TO FSA HARGRAVES ABOUT TEE BRIEF ENCOUNTER AT TIrE FSM
OFFICE. FSA HARGRAVES STATED THAT MR SMITH TOLD ElM ABOUT A
PRIOR CONVERSATION wrrn FSD LANE CONCERNING TEE FSMI WORKING
FJXED POSTS. MR SMITH TOLD MR HARGRAVES THAT FSD KLANE HAD
TOLD TIrE FSMI'S AT A MEETING THAT TIrEY WERE NOT TO WORK. A FIXED
POST (i,e F UNIT SUPERVISOR) MR. HARGRAVES CALLED ElM ON THAT
COMMENT ADVISING MR SMITH THAT CHAPEL AND FOOD SERVICE WERE
CONSIDERED A FIXED POST ANDAFPARENTLY HE DOESN'T MJND
WORKINGElTHER PosmON SillCE HE HAS BEEN WORKING THOSE TWO
PosmONS EVERY DAY BEFORE AND AF1ER BECOMrnG AN FSMI.
MR SMITH WORKED TEE CHAPEL AI\'D SUBSEQUENTLY WORKED FOOD
SERVICE wrrnOUT ANY BESITATION, OR COMPLArnT.

•

~,~'lIme afReport.,,_-""_=---""
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Signature ().f:R.eporting:person:._ _~

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------~----------------'---__,._-

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Wasfuenl!rSe s=.2

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'fu:cidentsReE1:lliL--iI:lg,Medica1_Att@--You ,-----_._--- _ .
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.

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.

FLORIDA ~~~ CENTE©© [f0 .~PPerson(.) In:v.lved,

Date ofRep.rt

Esp.,. ,::>rv,R

DRosiderrt

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o Tii.is is a Fac:ilityJEn'Vironmentil incident

Check the one best ca1eg-07Y for this tni:iden:t:

o

De>fhs

o

Disoovery of COJ:Ltraband
Eqaipmerrt: F ail:tn-eJDamaged
En'ViJ:onm.ental evenm

o
o
o

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Escaj)e

Legal e2l:posu:re/event

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Medical evemt:s/emergencies
Medicatidn events
P ry'cbiafuc e:roergencies
Staff slmse of resid~nts

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Violation of:ru1es by staff

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._
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FLORIDA CIVIL cOMl\ffi'MENT CENTER

mCWENT REPORT·

Pers6n(s)1Ii';;'lVed,

GSA

S.S",~1-J,

DResideut

~

Date ofReport .. oS~
/ 'f )/ 0 "
Please

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o Deatbs
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o

o
o

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~n=tFoil=JD=aged

Envimumental e'VeJrts

Es6qle
Legal e:x:posnrelevent

o

o
o
o

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Mediaexposmeleverrt
Medical eveni:s/emergencies
Medica:ti.oil eveo:ts
Psycbia1ric emer,ge.ncies
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'ITImsportd.fi?r~C21 aitentiOJi?

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GNd

" ".

PG 1 OF2

©@££~"1'

Florida civil commitment center
Incident report

At approximately 18:30m on June 4,2004., FSA Smith requested to speak
with me. As he entered the FSM's office he began to complain to me about
bis post assignment. He stated to me " I'm tired of your power play, you're
trying to get back at me". I stated to FSA Smith in the presence ofFSW
Carlucci that I didn't have a clue as to what he was referring too.
I also informed FSA Smith that ifthere were a problem we needed to
wait until Monday 6-'(-04, and have FSD Lane and Mr. Murphy present.
FSA Smith insisted that we needed to resolve this matter now.
FSA SnJi.th was very adamant that he was not to work an assigned post
Per a conversation with him and FSD Lane.
.
I explained to FSA Smith that the duties ofaFSA peer the policy G-15
Page I, paragraph 12 that states( The FSA will be supervised by the Facility
Safety Manager who is responsible for the delegation of assignments
throughout the shift.). FSA Smith continued to rant and rave that he was
not gomg to work an assigned post because he was an FSW.·He stated to
me "if you don't change my post assignme:ilt(food service) you will be short
of two staff'. (referring to bimself and FSA CliD.e.)
.
I then explained to Mr. Smith that the position of FSM Interim was to
relieve. the position of the FSM when the FSM is on PTO or unable to
perform his or her duties for what ever reasons.
He then accused me of creating a hostile working environment.
I then question him on how was I creating a hostile'working environment?
He then stated to me "now you're playiJig dumb".
Noticmg Mi. Smith's agitated demeanor, I S"J.ggested again to him to wait
until Monday to discuss this issue with the FSD and Human Resource.
Manager.
He again stated to me "that's your problem, you and your
power play. If you don't change my assignment we areleaviJig".
I then asked hiin we he worked food service and chapel before there
====Was=LiD1-.JLRwblem what.pmID]lt.iJJiLRe then stated to me" I worked
. Chapel as a courtesy ". I stated to him that this issue was not mabrig
Any sense. The assignment to food senice was only an hour and a half
And that he was still on the yard. He then turned an walked out of the office.

•

A short time later I received a call from the gate control staff to inf= that
Page20f2

FSA's s; smith and C.Cline had indeed departed the facility without
authority. Tills was clearly derelict of duties <l1ld insubordination.

.This is in direct violation ofthe companies policy listed in the employees
Manual pages 28 and 29, sub-paragraph 9 under the title of unacceptable
activities.
Forward to FSD Lane for review.
Copy ofwitness statement attached.
Note: Fsa Smith has worked chapel and food sernce on numerous
occasions without hesitation. When he's assigned to food sernce
Mr. Smith always volunteer to work chapel.

D.R..MOSLEYF.S.M·

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.

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__

._--~--~.

FLORIDA CIVIL COMMlTMENTCENTER
,

'INcmENT REPORT

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.,

FLORIDA CML COMMITMENT CENTER
INCIDENT REPORT
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EIl:viromnentaJ events

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911 Ser9iees'2 Yes 0 NQ 0

Transportedformedic:a1 a:tte1ltlon? Yes- 0 No

Ifansw-ered YES to any offue above, me !lUI'Seis to comple<""e me ~MEDIG..A.L .ADDENDuM to fuis ±ncideutTepOrt.

'"

© 1Y
I'D) \'
~ IF \?

FLORIDA CIVIL COMMITMENT CENTER
JNCIDENT REPORT
"

In;Olved,<£_S_""-'A--'-----'Cl"'""Li~'_$"'_'__~~
Drie ofRepGrt: (;,-0'1- 0-(

~__

PersDn(s)

Ple&Se check

~ is a ~reb.ted tucident, or

Time of Report>

DResi<km

/7

X-,

eXJ_'$Ut'--

o Ttiis is a Fa.cilitylEn'i'iron:mentil i:o.cident

OJ.eck the ane best ca1eFOrv for thu inCident:

o

Deaths

o

Discoyery of contraband
Equipmem:Failur.:VDa:ma.ged

o

o

o
o

D

Media exposmelevent
Medical event>/emergencies
Cl Medication events
Psychiatiic emergencies
o Staffabuse ofresiden:l:3

o

Envixonme:n.tal eveD.ts

o

Es~e

Legal exposmekve:nt

""-cj,-,,,,=--~--,,-cP--;=kJi.U)LI

Location ,f1M Incident,--,&"L'

Wrtne",ei,

f;;;$.f-I-

D';" ofInci~

&~r-S

ro -0'-1- 0 '-!

--------- --- "'-----------t-.Al
.

Was-fue~s=2

Yes 0 No

--

y:;1.

o S-iJ:timY
o Treatniellt events
Jif "Violation ofrn.les by staff
011=,,'

_

_

"

ADDENDUM
TO: T. LANE, FACiliTY SAFETY" MANAGER
FROM: D.R.MOSLEY,FACILIIT SAFETY MANAGER
RE: ADDENDUM TO illCIDENT REPORT"WRIITEl\f ON MONDAY 5-10-04

AT APPROXIMATELY 13:30HR. ON MONDAY 5-10-04., I SPOKE WITHFSM STAUN'TON CONCERNillG
WHETHERBEHAD OBSERVED FSA S1>:IITH ENTER THEF.S.M OFFICE BEFORE MY ARRIVAL FOR
WORK. AND CHANGE THE DAILY ROS1ERFOR 1HATDAY.

MR. STAUNTON STATED '!RATHE DID SEE FSA SMI.TII ON TB:E COMP1JTER.;BUT WAE UNSURE OF
WHAT HE WAB DOffiG. HE TOLD METOSPEAKV1l'IHFSM.I CARLUCcr.
ON WEDNESTlAY 5-12-04 WEEN I RETURNED TO WORK, I SPOKE WTIH FSMI CARLUCCI
QUESTIONllfG ETh1 IF REHAD OBSBRVEFSA SNllTH ON TIIE COMPUTER ill THE FSM'S OFFICE.
FSMI CARLUCCI DID INDEED CONFlBM THATFSA ShITIHDID COME lliTO THEFSM'S OFFICE PRIOR
TO MY ARRlVAL TO WORK. CHECK THE ROSTERS AND SAW THAT BE WAB ASSIGNED TO F-DORM:
AND PROCEED TO CHANGE THE ROSTER PLACING BTh:l:sBLF ON THE YARD, AS HE COMPLAll'rnD
TO FSMI CARLUCCI ABOUT BlS ASSIGNMENT TO F-DORM.

FSMI CARLUCCI ALSO STATED mAT HE (FSA SMITH) STATED 1HATI WAS 1RYING TO GET BACK AT
ElM: BECAUSE HE REFUSED TO WORK FOR ME ON SUNDAY 5-09-04.

CC.
R,HARRY.EXE. DJJlliCTOR
T. MURPHY, HUMAN RESOURCE MANAGER

~=~,==-- - - --------

~.

-:-".

y

'1··'
lLibert
. ..
BehavIoral Healtl1
,

~

. £orpatatJnn·

. florIda ClvilCommltinemt
.
.. [enter

'.

,

,

,'."

i 361;3 SE Highway io
Arcadia, FL 34266

, phone" (863) 491-6100

. CERTIFIED MAIL

June 21, 2004

Mr. Donald Mosier
, FL

. Dear Mr. Mosley, '
An offsite training proQram Was sched,uled for Facility Safety 'Mar:ra-g-ers and Interim
Facility Safety Managers for Thursday, June 17, 2004. This was communicated to you
6n Wednesday Ju~ 9, 2004 and you were. told that 'attendanc~ at this training program
v-.fas mandatory.
- .
On Monday evening, June 14, 2004, you spoke With F<lCmty Safety Dleeclor Lane and
told her you had an appointmentto have lab· work done·on June 17, 2004 at 8:45 AM.
You further stated thcit you would come to,the training program as soon as you were
done. FSD Lane asked ifyou could change the appointment, but you said you cduld not

Tuesday morning, June 15, 2004, you told me the same information as you told FSD
Lane and said you :would'make a "beeline" to training as soon as you were do~e.
On Thursday, June 17, 2004, you failed to attend the training. program and did not call to
explain your reasons for not -attending.
-

You have been previoUsly counseled about your performance and actions as a Fac1lity
Safety Manager and warned that future incidents concerning your performance' could
reswt In termination your -employment

of

can

Your behavior regarding this,training Program 'is Glearty insubordinate and
riO longer
be tolerated. Therefore, your employment with Uberty Behavioral Healtl1 is terminated
effective immediately.

Very truly yours,

om as J. Murphy
~---'-;;Nlanagei
Human Resources

UEXHIBm _ _

• Complete Iiams 1, 2, and 3. Also complete
Item 4- 'Jf RestrIcted Delivery Is desIred.
I • Print your name and address on the'Teverse
I so that we can returh the cij,rd fo-You.
I • .Atlach thls-eard to the back of the mal/pIece,
of on lhe front If sp.aee permits.

I 1.

I
I
I

D. Is delivery address different from Item 'I ?

ArtIcle Addressed to:

If YES, enlerde/lvery address beloW:

~~'" ""'-~ ",\"""
;'1J.

I

\~L

I

3, $vrvloa lYpe

·r::rpertlned Man

I
I
I

o RegIstered
o Insured Man

0 Express Mall
,..-B-Relum ReceIpt for Merohandlse

0 C.O.D.

0

4. Resfrlcted Delivery? (Extra Fee)

lit

Article Number

yes

7001 1940 ODDS 5'459 0.525

.

I

(TransferfromservlC6la~el}

J

PS Form 3811, August 2001

. "

".':' .

DllmesU~ Return Reoelpt

2AOPRI-O~iP,@~~V.

\

I

:"'~?
:~ 0 l=

r

!

,or
or

,"'"'

Oertlfled Eee

,

I

I..fl
o

Return Receipt Fee '
(endorsernent Required) l-

S
......

Re.llfcled Pllllvery fee
(Endcf'S""'enl A&qulredj

~

Tobdl;>oslalle<& Fee,

"','

I

JUN 2 2 2004

.t". .;:::};,:)

CL
'_'-I"::":..-j

\-,---,--_.--1
$
-\,~~

or I Sont,
:

~ 7 '0'>':::c""~
""""

....

I

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Slif-;~~~~ ..·~"~~lj,··_-----,-"_·_----·------------

l;:l or pO 80>: No.
Cl ."-----.-••-----.
f'-- Clfy, SIIIIa, ZIP+ 4 .

ps FornI 3800, JanUalY 21101'

._...------"._"
,See

Florida Civil Commitment Center
Disciplinary Action
~

- Employee Name _Shawn Smith

Dept __Safety

,--_

Tvne

Attendance

Performance

Conduct

o

o

Verbal Warning

Written Warning

Level
Second Written Warning

o

o

DescrlDt
. tion (list orevious actions and dates within the last 12 months)
On June 4, 2004 you abandoned your position and left the facility without approval. You have stated that you
were upset about wo'rk assignments and your working relationship 'With the Facility Safety Manager.
While work issues can be addressed and hopefully resolved, leaving the facility without authorization is
insubordinate and unacceptable. You are receiving a written warning to emphasize the seriousness of your

actions.
Behavior like this will not be tolerated and if it should occur again, further disciplinary· action will be taken up
to and including termination of your employment.

Employee Comments

1

Signatures
Department Head

Employee

,
,-

/

iP

~
---- -

. -. -._-.

.... _.

Date

lJ(aln{/
.

Florida Civil COUlmitment Center
Disciplinary Action

Employee Name _ _Henrietta Marshall

Dept _ _.Safety~_

Tvne
Attendance

Perfurmanee

o

Comluct

o

Level
Verbal WarniRg

o

o

Des •. '."
An investigatiOll into maliIlioos and darmging gossip. being eomnrunica!ed wilh1n the fueili!y revesled f!rJIt on
sevemI occasi~ you were involved in receiving m:td emnmm-ieating this gtissip_ 'I'his inchrrled use ofthe
phon,," in 1lw hoo>ing tlllim to diSCUllS gossip "" """,-work relllted issues.
Aller hearing ihe me<sage delivered in daily briefing _lIuw' each staffmember has ihe respons;bilif1 In end
gossiping ..>ilhia the fueility. YDIl fuiled to laloo appl'Oj'l<iale steps mdo "".

In y _ posi.OOn afTherapelttie Community COoolhta""', YDIl- an additionai respCillSiliility III report and
stop Ibis 1>ebavillrto_ f!rJIt stalfbas a eomfurtable plaCe ID work.

Yall are being give a seetllliI written warning. !»cpasging nommI dlse\plinary aciion sl.eJ!'1. to empllasize l!mt
your iIwol_ and inaction creltted an erMronment_ prevemed stafflium ~ on their jel>
responsihilities whIDlt pIaces}'ffil, yom: oo-wod:erE, residenIs and fue emire filcilily's safety in~.

F'LORIDA CIVIL COMMITMENT CENTER
RESIDENT BKElAVIOR REPORT
Resident I:o.volved: _

~_ _

. '-f

Date of Incident:

I~ !~

Lbcarion(s) of Incident:
Observed Beh>Yio,

+c.

()!c

. Jetr""S

-R:fsr r£Sr~
rz/~

dOWN.

0

--,-AL()Q.=M-,-,--~~~0=-,:..:P,---,-.~~,----.,.---~--,---:-:,---~~~--,-:--,
101'£0/' tUO h.~ CZ[( v.uo.; itc-bk ~~-4 waS Cu.-a £t1

w,~

'_

S'w

';)cc-ti.. 1"\(1..,. f2-<)S~l\ ocJv',uJ t'-U
~
kt61~ ('.1:1'\6;,.,;1' ow +h ~IIL C<A'JjS .oof ,

ltJl'-S ,;

,&oe""5 ~(j..

J-o

CS!:IS+.

rrrbhdJ c u(lS;: ~':{ Fvck 'j "v-

itJ~:r.

:r: """ ~ f

Mnvd
(ff1'1.

jJ

:y

.L 1V'-~\J,.{.eJIf.-[S
(,N,i-h ~ V,e-fl, fa{ "'ppR0= If'
f"'c;f\'{; 09..( d~,,;c...,{ ,;;f . +-r~",J -h ';;"fovq.e w;fl-- h)1lI\., {i4 ~;s

.

TimeJDateofReoort:

'f /

(~I 0"'" at (....1...( 0hrs.

-~~-

STAFF REvlEWIRESPONSE

Immecfurte luterven'fion:
__
" Secnre lvfa:n~aemeut

_ _ Room. Restriction

Protective corifi:nement

Reason(s) for Interl'ein:tio~
FSlvi CommentslSignature:

~

It/;

_ _ WlIi.g/Qnad Restriction

_ _ Privilege Susp&"...sionIRestriction
1f1'T.£"" prt.-..r

-LQ

!i»~

_ _ Ofu<oc

_~~~~~~~~

i.,;".. rEilt:

~":/J_i. jJ/~I((t£.J' /jf&!v_-rJ -1? ~~, ffi '"5Z>!>fCt) ~.£.i

"7 5i?+ ....

_ _ DOITll Remiction

.

fif.J. "J?> tfJ/i4-tJr.

Dm,:Li

--:-::-T.£C--:Gemm~~e"-:=====~m"£~=~~~~~C7'-~"'T'T'='D~-,-CIiJJica1 CommerrtslSignatore:- "':.
~ - ,0.. '
~ \
-\.1

v

v

,eL-j~,.-I'

j

U.
t::VLJIDfT. -

(')0

/

/S i!!L
/

F'LORIDA. Cf\7lL COMMITMENT CENTKR
RESIDE-NT BER>tVIOR REPORT
Residerrt Involved.:
Dm of Incidem:

_

-.-LLJ_ff;_ f

Location(s) of Incident:

!'if/'''-<;/

c'l

Il--@

Time of Incident:

bri.

_~_

O--f-

Ob=v-ABeh",o,:

"'felL"", It:§o I:

I

fL 5'-.f.5

0_,»,,<;;....)

tv",;

J.-o

'h:>,cf-=+ c_-kol~. ,.1.- o?c':e..,J tt... (<cd h-""" F5M s4-+"N ~i?M"" If :30
..j-.
t1YV -:f<.,.. cierI'.- etv-e .fo _
,'-'-elM ,'.>.; ~u(', ']: ,~~

&=p (lis
I".fs
_
k}v.. -/-. Sk,

bJ,,-!I<~ ovf .ftu.-. ,fr",,"f .lorn<- A...(--fj..,'s l~'>A' r a.,/v,',d ,
0>-' -(t.. dor", ih--cJ !AI":! .f;r fv'*'-r dV'~' H'i.- :J4{,J

'S

W=ses: __7,-,.-,t!-,-.,-,-I'1-'-=''''''="'-:f-!-IL=~~':.!.(:,-(

~

-"",",",-<=-

Othex Conunents (medical attention. property damage, etc.): ~

~

TnndDate ofRer"'"

'-( I ~

o'i"

( '13 tis,

Slgnamre ofReportmg Staff

STAFF REVIEWfRESPONSE

_ _ Room Restriction
PTotecti:7e co,..;-F.nement

_ _ Privilege Suspehsio!!.lRe..-"!!ictio!l.

R=m(s) for futerveD1ion: _lC=\\"---,oC<">L",k"->,,,h,-,,,c~'i-FS.M: CoII!1IlentslSigna:tare:

~\ ~

_ _ wmgfQnad Restriction

Cil"/'1Ad./ ,,,cti/v'/£ 1"'"£//4///1-1)

s~

_ _ Other:

;f'i

~~=--

r-7:t"'

_ _ _ _~

_ _ DoIIIl Restriction
_

_
Date'_!l-JKI r (

\

-z£C..Co;:nmenmrz~,___

Dare:_I_I_

a;~:~_~N,ignac-'-:ft".J..bd.J--;;t=t"lU':I::,-...cWc:'
=';/J,-\\,-D:J~-~~'Oo'~[}~:~,-;US,::-:::3::::"",-...J"
'='''''---'W\=~D+~a; te. .,.:-~-,JI'- -1I-,.~'i'/b-'-:P""-''',"~

EXHIBIT:

rf

FLORIDA CJ:VIL COMMITMENT C&NTER

RESIDJTh'T BIiRA.VIOR REPORT

5£//,'#

·Resident lavolved: _ _

Droe of IncideDt:

Y /

/-.J/

0

r

·Other Co~e:ntr (medic.al31:l:ention., property damage, etc.):

_

PrintedName ofReportiDg Staff

Signature of Reporting Sbff

S'UFF REVlliW!.RESPONSE
__
. Se;:;:m-e. Management

_ _ Room Rectricrion

Protective, co:ri:fulement

R=onEs)furIn:dwnti=

_ _ W.tJ::ldQuad Restriction

PTIV.Jege SUSpehsi.on!RestrictioD.

_ _ Ofucrc

_

MCllhM/ '1"- "Co-?

FSM: COmII'leutslS~cr:na:titre: lvu/£2

, - 9-S .-si=

=-::----=--_;:-:::::-::-:::-;,..----;;;_'----;;;-;;;'1_~ -;::::;:=--4-7:;-;~j-TCC Co,.,.,merr~eIla..."'ure:

_ _ DoI:ID. Restriction

.1

C~ I~

./

Droe,

'I

/1' / '!L

Date: ~I~I~

~ lli,;-,;ar Co'F""'-''~~..\'....Ll.l.n~LlA~~L\:o'r---""'-'.l,1.--J.i~,~~ UJ.!'~-:&M;,;;--:>..· ~~~:l;2,-cr.-.J1-i"'-'c-·l;l.tiJ~~.:''IJ;,:,·''''::o,·I·it.£I'.Q'''~-~·_

D:L:';S~IQC""'-4~':::'IL/C~h', ---====="CMtLJL.<i::heill~~:M~R~====~-

QQ

Da'" L-i ,

/014i

15;

qz

o

A

-b ~ . J-.4 £<po- ,,~>-I

I..L

e
=-r-'

---_._.

~. -~:

"-_,,,::,._,,:,

-~-

--,',-

'

-_._._-EXHIBIT:

_RJ..::.R~

_

25

-

,

.

o.tSD.

,

""'11

.1.

.

,
, -7'/ ......

~~GY\~',~-----..

--_.--_.

Florida Civil CDmmitment Center
SECTION: Health Services

PQLlCY#B-lsl PAGE I of2

TlTU!: One-.To-One Observation

EFFECTIVE DATE: 812612002

Al'PROVEDBY:

REVIEWED DATE

POLIO':

The Florida Civil Cammitment Center Will provide One-To-One Observatinn lOr
any paUertt requiring intense lind CllIllinmms nbservafum. (Replaces p<ilicy B-17
dal>:d 9/l7/2001)-

1'IlRl'OSE': Tn ensure One-T.,..One Observation is prov:ided applDp1ialcly in beth medical lind
spcciallIlllnagOIl1enl sibmtiOllS t<> reduc. Ibe lilreflhood nfa pan"'" infliding sell'iDjUry.

visual oontac;t with a patient with no
more !boa me reel nf dimaace between Iho _member and Iho resident.

D.EFJNn'ION: One-To-Qne Obselvation is corttinnous

PROCEDURE<

1. Observatioo A."Signment
.. A ",miing assignment fur Iho Direct Can: _
('Therapeutic Assistants {TA} CIT Facility
Sai:ly Ass",""" (FSA) will be set up by sbifis (4br. shills, &hr. sbifis. ett:c). This w>ll b.
used ., identify Iho omployee(s' who _ required ., perlmm lb... observation duties.
E""'Y effiJrt will be made to ~ an employee of the ..",e """ as Iho r<Sid",,!,
espcciaIly during
lind shower tin=.

_"mn

b. Facility Safioty Mmagers (FSMs) are resp<>nS;bie lOr ensnrigg _
are aasigacd to lb. resident on One-To-One Observation.

Iho app1<>pri.tJd staff

c. !'CIT Iho dma1i0ll of Iho One-To-One assignment, employees wbn are pedi>nning
observatloaoI duties shaIl be relieved of other duties _ wookl .binder tbcir ability io
mainrnin required conIact with Iho =ideal.

d. 'W1=evtt J\:asible, Direct Care staffwill be relieved every fum: (4) bmn"S.

2. Perfurnlmroe nfDuties:

a. All- staff B:.t-e .reqP!ifld to "'Wee imIT',erlie ECtien ~ ~ to elli.-ue safety and health
,Reed5 -of aD rmdent5 are lIlQt. In emergency cixcw:ns1:aoocs, a Thei:apcutic C~ty
COordinator {Tcq CIT hlgller autbarity may place a resident on One-To-One observation.

h- Upon tafug action, the staff member ",'ho places the resident on One-To-One
Observation must notify the F8M, Supervising N<m;e lind Clinical1"hen!pjst on call.
c. Observmon will be conducted and docwnented by staff on the -observation flowsheet (see
the attachment to the policy on Room Restriction and Secured Management) lind an end
of shift snmmariz..,tion will be placed ill the hOusinS lWit log.

FiOriliIl Civil Ccn:nn:ritmeat Cetrtet

Libaty Beh:Moral fu:;l.tm Corp.

fl..... ~ofaiildn;nand fcmiii=:;

Copyrigbt~2002

t=YI.. .. lJRIT"

55

(1) Orders for special precautiOIlS (if needed) will be obtrined by
adminislralive stall:

(2). A ..._
ofmliOllll!e will be included in the observation flow sheet am
do.rm log by the staffinitiating the special precaution.
(3). AlllQg .meum_on wi1l be written in zed inl\.

allowed ~ air and &onsb:ine for at.least one hour daily. Special
precautib.. may sopercede Illi, reoommcndation.

d. Residem should ~

e. _

possible, resideom _

be gWen me ol'J"l'lUniiy In ensage in thernpentio

activities, "mess olinioal1y <:oIl!nlindK:ated. This is partionlarly applicable when

residents are on special precautions.

,

3. Continuing And Disoonfuming One-To-one Observation:
.. ThepatiJ:nt will be assessed by cljoical slalh.dlor,.".mg staff to
establislt if One-Th-One Ohservati<m and... specia1 pret:lDltions continue to be needed.

l>. The final decisi<m wi1l bo modo by the fualmcnt Toam or clinical director in
""".!"""tion wi1h the _
Administmlor.

E-15, Page 2
fioddaClvil"Comnilmdit C=rt="
Fm:::;ila ~t:ofa.ildl:= .mtd F=ir=

~

Bebavi'ol<ll Hellilb Cap.
Cop)'Jish1lt>2002

. :";,

... ,-

FLORIDA CML COMIIIITIlENTCENTER
1361:> S.E. Highway 11l
Arcadfa, FJorfda 34m

MEMORANDUM
TO:

Tiffany lane. Fa<liIlIy Safety Director

FROM;

Rick Harry, Exeeu1lve Oirado

DATE:

A!.fglJst 2, 2004

Since my arrival at FCCC illJantIarY 2004, yOU;md I ~ IlacI SEl4eo;a1
conversatiorJ& R>galding _
is'!tJse:·reIaIed to1fle~ ofbal!l geoomI

staffparibmlance and laekof~oflbeoSafe!y ~and
prot:edrJres. F<>rexampfe, you have~ ~ insfaffcondul:tas
~ by I\QtlbllOwlngwrillell ~ by anI'i:lreing ruIlas\lllliCh_
not relIeded ill eo ~ and bydispa<ale lreatlilam ofl'!Sidenls wften.
enron::lng rules. I have made it. dear bltslalf l!IUSt adhere 10 promIIIgafed policies and
proc:edures and I\Qt bold FaSiden!s ac:coontable for ccmpliatlCe to rules whicIl haveo I\Qt
been ~ You haveo ~ mebltyoo not DllIIY fewg..iZlttl1e~ of
the$e types of problems, but are oommi!Ied to MlIflging sIatf~.

m.-er, - . t ~ wllhi,,1IIe faclIit¥ haveo -...sal'et¥ slaii' c:onlitIues ro

be eriti>er unsure of or ill prepared lofllieqUal<liy perform 1heir jobs or WllQwfacilily
policies and assaciaIad ~

=~-_._

.

F(3r axampl&, incidenlS such as til l'!!Sidemtjlllllping ftOIlI til roof, til residerlt-t<>resident aIfsrcali<:ln mulling in a serious sIsb!littll ir'dutY and til resident alterea!ioo
resulIing in a residemtwhile in pI'iysic:al resnint. evading $faIf and danBging propEllty
are vMd emmpk>s of incidents; in wbicb. tlIlOf' 1&IIiew. $faIf did rot peIfbmI as expeded.
Further, s!Bif has ~ oomerous pt'ObIern$ COlJducling accma!e'()!!fIS1lS ooums,
whIcll have til dislinct securll.y implica1ioo. S8I'aIy slaff ltas rot elI'adively. ~
resident COfl'\(iliallCe wilh ~ ftam tile Sta1e Rre Marshall The opportunllies for

improvement ale ~ apparent
You have wmaDy COtICUmld \IIIiII1 mY belieflhat til IlIIIIIl>er of 8lali Ii<> not
implement tile p<liicles and $$OClaled ~ of the filclIily \II a eansiStent manner,
whIcll adversely illlIlaC!S 011 h> alIiIIlde of !he residenls and tile fadIllts upe<llIlorb lfl
fact, during the special Resident CoIJn<:il Meeting Ol> July 20, 2Oll4 11e!<f at tile COoodI's
request ID rllsouss slaff eonduct. you commented ID the residents on several oocaalons
that staff llIwul6 not be daing what the re$idenIs naporled but you appeared 10
ac:l\:rll:llMedg iheIr repart:s .... tad".
Recently a number of _llanfS have vil;iIed tile faclllly iIIll1der ll;; assess
I'aciIil¥ opeiaIions. Feedbac:k from SElIf9<liIl COI\SlIIIaIlls indicate$ a lack of pmper
dil'ElQli(ln and supervision for the Safel¥ s1aIE All of !h_isllues relale back to the
Fadfli¥ S<lfely Diretlor pollition.
Although we have disaIstled the ls$ue$ and impad ofilladequale stall
perfom1lmoeo aver the Ia$t lle\I!lnIIlIlOmhs, lheFe alIll has been no noIic:elillle
improvement. In fact, peISOOIleI cIIanges wilhin!he Facility satafy Manager slalf
composition as well as oiisila trailling for liIQse slaffllaw not produced any significant

cllange in behaVior.

Since til C10ange in peribImance for SafetJ slall' is mara lI1an mtefdue, 1 _ p<lI
you on I'KlIice that sIl!luld atlf 1iIrIher inCidenls occur ill 'll!Iicll slalf do notfol1Ow
estabfJShed policy and prooadura, you will no kmger oCcupy the posIliollof Facillf¥
Safety Oiredor.
.

2

J~

.

UbertY

.

.

Bel/JnlJarIll He«1th

Flal/dill Civil Commitment Center

t:!JrpDnJtlan·

1361 s SE Highway 70
Arcadia, FL 34268

phone (!lOS) 49'l-6100

August 11, 2004

FSD Tiffany M. Lane

,

Sent: Certified/Return !'leceipt
If 7001 1940 ODDS 54S!l 0648

,R

Dear Ms. Lane:
Effective August 10,2004, your employmentwilh Liberty Behavioral Heaith
Corporation was temlinated. Our ck>cisIon was based on your actions of
. August $, 2004 as well as our previous clisoussion and writlan wamj"g about
your ability to adequataly improve !he performance of safaty slaff ar>d Iullill!he
requirements of your position.
.
As a diract result of your declstorlaM actions on August 3, 2004 !he safety and
welfare of Fiolida Oivil Commltmant Oentar staff aoo residents
pla,ced in
selious Jeopardy. On August 3, 2004 you instruotad staff to move seVeral
"residents from housing Units D aoo F to other unilS without consulting with
clinical staff or being prepared with stiffic!ant resources to acoompllsn ttle move.
Following r""idem resistanoe to !he moves, a tlostlle aoo rebaUIqus environment
was created which took O¥er twenty laO) hours to diffuse aoo put ttle safety and
welfare of over 0"03 hundred (100) residants and staff In serious Jeopardy.

was

RiCk Hany

Executive Director
m:mf

Cc: Tom Murphy, Human Resources Manager

F.LORIDACIVIL COMMlTMENT CRNTRR
INCIDENT REPORT
Per-sones)

Date

D
Lj

D

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Date of Report:

Check the one best ca.tt>?OTV To; this inCid...b"J'!.t:
U Dea±hs
D . Discovery of cOIltrib:o:nd

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Sigr-...iliLte- ofRepor:tmg Penorr'----.- / £20'U7

PrTnred Name of:R...""Porring

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o This is.a residentfb"..mrela.t....c.d incident, OT

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oResident

~_ _

~~

Date

Y-/5 () c.r
I

F'LORIDA CIVJL COMMITMEl\'T CENTER
RESIDRlIT SERAVIOR REPORT

5p?,#:

.Resident Involved:
We of Incident:

L

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Location(s) of Incident:

ff I

r. 4

0 ;;/

Time ofIncid.ent:

rr--J

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STlLFF REvIEW/RESPDNSE
Imm.eiliat.e Imecve:ntion:.
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_ _ WmglQuadRestriction
_ _ Ofuoc

'eXHIB.IT:

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Dorm Restriction
_

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A~tD-15-1

 

 

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