As yet another demonstration of the problems involving the Portsmouth Police Department the Virginia Criminal Justice Services Board on June 11, 2009 decertified the Portsmouth Police from the Certified Crime Prevention Community Program. The program is outlined below from the DCJS website:

“The Certified Crime Prevention Community Program. Based on a study conducted by the Virginia State Crime Commission in 1993, the goal of the program is to publicly recognize and certify localities that have implemented a defined set of community safety strategies as part of a comprehensive community safety/crime prevention effort.

One of the first of its kind in the nation, the program encourages localities to develop and implement collaborative community safety plans within a flexible framework designed by the Commission. Furthermore, it provides an ongoing process by which communities can reassess and update their plans to address emerging community safety issues. To obtain certification, a locality must meet 12 core community safety elements/strategies augmented by a minimum of seven approved optional elements. DCJS runs and monitors the program.”

Significant lack of leadership and questionable decision making by the Portsmouth Police Department Executive Staff contribute to a department that is spiraling to a meltdown.

Below are the minutes from the Criminal Justice Services Board meeting from June 11, 2009. It provides incite into the problems and the lack of progress after 4 years. One of the main issues that the board has is the significant lack of progress in Portsmouth becoming certified involving a major certification body. The two choices under the Certified Crime Prevention Community Program are either the “Virginia Law Enforcement Professional Standards Commission” (VLEPSC) or “Commission on Accreditation for Law Enforcement Agencies” (CALEA). As somebody who has participated in a certification process when I worked for the Virginia Beach Police Department I can attest to the stringent requirements and the high caliber that either of these two organizations expect to see from any agency making application for certification. The Portsmouth Police Department doesn’t have what it takes and never will with the current executive management in place. The new Chief of Police appears to be a “tool”, he seems to be relying on his executive staff subordinates and I can tell you from first hand experience that they are not looking out for the Department, the new Chief of Police or the citizens of the City of Portsmouth. They lack any resemblance to real leaders and the majority of the rank and file officers of the Police Department have no respect for them. Their agenda is Me Me Me and CYA, they have no clue what real leadership is all about and don’t lead by example.

Criminal Justice Services Board

June 11, 2009

Vice-Chairman Green called upon Mr. Walter McFarlane to give a brief report on the Certified Crime Prevention Community Program.

Mr. McFarlane reported that the Subcommittee met on June 9, 2009 and reviewed three items. The Subcommittee members present were Chairman McFarlane, Sheriff Phelps, Mr. Vaughn, Mr. Quagliator (proxy for Ms. Decker) and Chief Lavinder (via teleconference). Minutes were taken by Rick Arrington, DCJS Program Analyst, who also presented the 3 items to the
Subcommittee for action. He reported the following:

Item 1: Vice-Chairman Green stated that it had been motioned and seconded that the Board approve the recertification of the City of Hampton as a Certified Crime Prevention Community.  Representatives from the City of Hampton were acknowledged and thanked the Board for their  re-certification.

Item 2: The City of Portsmouth was originally due for re-certification in September 2008. On  August 12, 2008, Interim Police Chief William Corvello requested the Subcommittee extend its  opportunity to apply for recertification until February 20, 2009. This  request was granted and Chief Corvello was notified of the new due date on August 22, 2008. As of February 20, 2009,  only 5 elements had been completed as final and a substantial amount of essential materials and  information had not been received. Portsmouth was granted a further extension from the March 2009 CJSB meeting until June to allow it time to complete its submissions. Mr. McFarlane mentioned that although Portsmouth provided information on a number of exemplary programs, the Subcommittee was very much troubled by Portsmouth’s failure to meet Core Element 12 which deals with Accreditation. When it originally applied for and received its initial certification, it had noted that it was then seeking Accreditation. Four years have passed from the time of its original certification and it has yet to be accredited. Program guidelines for the original certification stated, “Local Law Enforcement agency must either be accredited or seeking accreditation from the Virginia Law Enforcement Professional Standards Commission (VLEPSC) or Commission on Accreditation for Law Enforcement Agencies (CALEA).
Mr. McFarlane further mentioned that extensive discussion by the Subcommittee focused on the fact that Portsmouth had been given ample opportunity to become accredited. Based upon the foregoing, a motion to decertify the City of Portsmouth was Reluctantly made and was carried unanimously. This vote was undertaken with the further caveat that, due to the City Police Division’s recent change in leadership and the importance of the role that a strong leader plays in accreditation, the Subcommittee granted Portsmouth an exception to the normal provision that the applicant start all over, and thereby, initiate the process as if it was its first application. By granting this exception, Portsmouth may reapply as if its request is a request for recertification by June 2010, if it has received its accreditation at that time.

By way of a motion, Mr. McFarlane asked the Board to accept the recommendation of the Subcommittee to decertify the City of Portsmouth and to grant them the exception to allow them to take advantage of the opportunity to reapply for recertification by June, 2010 if they had received its accreditation at that time. Mr. Webb seconded the motion.

Recusals: Ms. Marlene Randall

At this time it was noted that the City of Portsmouth had representatives in the audience of whom were prepared to speak on behalf of their accreditation process. Present was Captain Sean Dunn and Mr. Joe Giltner, Accreditation Manager. Mr. Giltner gave a brief report on the history of the accreditation process and the challenges of the program. He stated that they believe they could achieve accreditation by December, 2011 however, they do not believe they could accomplish this within a 12 month period. Captain Dunn asked that the Board consider accreditation to the City of Portsmouth and to work with them on this issue, given the  circumstances.

Mr. Bushnell made a comment and stated that he was impressed with the report of the City of Portsmouth regarding accreditation and the importance of it. He then put a substitute motion on the table that the Board re-certify the City of Portsmouth. Ms. Randall then made a comment on behalf of Portsmouth and stated that the City has had some serious challenges with the numerous changes in leadership over the last couple of years. She appealed to the Board in favor of recertification of the City of Portsmouth.

Mr. Leon Baker, Division Director, Law Enforcement and Regulatory Services, DCJS made a brief comment and asked that Mr. Rick Arrington, Accreditation Manager, DCJS to take the podium and to speak to the accreditation process and the efforts of the City of Portsmouth.  Mr. Arrington stated that Portsmouth did have policies in place to reach accreditation, however, they have had many obstacles in the process. He also reminded the Board of the reason for, and the importance of accreditation. There were several comments and questions made by the following Board members: Mr. Bushnell, Mr. Hodges, Mr. McFarlane, Mr. McGrady, Mr.
Green, Mr. Vaughn, Delegate Miller, Mr. Macon and Mr. Dion. The questions that were posed by the Board were satisfactorily answered by Mr. Arrington and Mr. Joe Giltner. After much discussion and hearing the comments, questions and answers, the Board took a vote to replace the original motion with the substitute motion. The substitute motion failed by a vote of 10 to 8
in favor of the original motion to decertify the City of Portsmouth. All was in favor. Vice-Chairman Green stated that it had been motioned and seconded that the Board de-certify the City of Portsmouth with an exception to the normal provision as stated above. By granting this exception, Portsmouth may reapply as if its request is a request for re-certification. Accordingly, the City may take advantage of this opportunity to reapply for re-certification by June 2010 if it has received its accreditation at that time. Vice-Chairman Green thanked the representatives from the City of Portsmouth for their report and encouraged them to continue their efforts in seeking re-certification.

Item 3: Mr. McFarlane reported that the Town of Christiansburg has been in the process of  putting together its application for an original certification but has been unable to complete its certification due to its coordinator having personal and medical issues preventing his working on the certification. Chief Sisson advised DCJS that the coordinator had just returned to work and requested an extension for the opportunity to apply by the March 2010 meeting of the CJSB. The Subcommittee voted unanimously to extend Christiansburg the opportunity to submit its application no later than February 15, 2010. Submission by this date will allow review by the Subcommittee so that it may make a presentation for approval or disapproval by the Board at its March 2010 meeting. Mr. McFarlane, on behalf of the Subcommittee, thanked Mr. Arrington for the very extensive work he did in preparing the materials for presentation to the Subcommittee.
He then made a motion for the Board to accept the recommendation of the Subcommittee to
grant an extension to Christiansburg. Mr. McGrady seconded the motion.

Recusals: None

Vice-Chairman Green stated that it had been motioned and seconded that the Board accept the recommendation of the Subcommittee to grant an extension to the Town of Christiansburg until February 15, 2010.

Vice-Chairman Green thanked Mr. McFarlane for his report and mentioned that in light of the extensive discussions that the Board had regarding the program guidelines for re-certification, perhaps the department should go back to review and update the guidelines.

If you want to read more about the Criminal Justice Services Board “Certified Crime Prevention Community Program” click on this link.

Many public safety personnel in the City of Portsmouth do not understand the importance of the Civil Service Commission relating to there jobs, job security and advancement opportunities.

I have spent much time researching the rules and laws involving the City of Portsmouth Civil Service Commission. It is so important that I have decided that each meeting which is open to the public by law will be video taped and made available for all to see how the commission functions and the decisions that they make. Those decisions effect every single public safety employee in some way.

Below is the video of the May 29th, 2009 meeting. Most of the meeting is taken up with McCann and Associates explaining the statistics and appeals process for the recent public safety promotional exams given this year. At the end Chief of Police Edward G. Hargis makes a short presentation to the commission on some proposed changes in the department and the hiring process.

I am going to attempt to FOIA the McCann Associates reports presented to the Civil Service Commission about the recent promotional testing and make that available as well.

I received word yesterday that Interim Police Chief William Corvello resigned for the second and likely last time from his position with the City of Portsmouth Click here to see Chief Corvello’s second and likely last resignation letter. Having dealt with him personally during the previous months about matters related to my termination and grievance I have nothing but positive things to say about the Chief.

He is a “law enforcement officer” of the highest class who believes in doing things the right way, with honesty and integrity. I have no doubt some of his experiences with the current administration have left a bad taste in his mouth but I have no doubt he gave it his 110% during his tenure. I will have one last opportunity to meet with him on Monday as that is my final step in my grievance process and the last step in trying to get reinstated into the position Chief Long and City Manager Chandler terminated me from back in April. I have no expectations going into the meeting but one, that the person representing the City (Chief Corvello) has no ulterior motive, that he will do what he feels is the right thing to do and say. Unlike others in the executive staff of the Police Department that have personal agenda’s I firmly believe that Chief Corvello’s agenda was to fix the problems in the Department and to see that everyone at every level was treated fairly, honestly and that no one was shown any favoritism.

I have not made any posts in a while as I have been waiting on several Freedom of Information Act responses from various departments of the City of Portsmouth. My current project is to make an accurate estimation of the cost to train a newly hired Police recruit from the date of hire till the recruit is certified and released to Uniform Patrol as a fully trained productive officer.  Going hand-in-hand with that project is another one that will demonstrate the inequity between the pay raises given regular and public safety employee’s over the previous 10 years and the high level city management such as the City Manager, City Attorney etc etc.

Sometimes we live for the small victories in life. I received notification two days ago that the Virginia Unemployment Commission (VEC) ruled in my favor when I recently applied for unemployment benefits. After a telephone hearing, exchange of documents the Commission ruled that “The charge of misconduct is questionable” and that I am “Entitled to benefits”.

More to follow in the next week or so …

It appears accountability is the word of the day in Portsmouth. Chief is the first to go, hopefully some others in management who can’t follow their department’s policies or the law will follow shortly. Read on if you want to know what I am referring to.

Well those that read this blog and are familiar with the Portsmouth Police Department found Chief Edward G. Long’s departure today as no surprise. Most of us have been speculating for months about when he was going to depart not if. Their have been numerous rumors about issues between the Chief and City Hall but nothing that could be pinned down till today.

I actually had a meeting with the Chief at 11am this morning involving the grievance of my termination and trying to get my job back. Meeting involved myself, the Chief and his Administrative Aide Sgt Huntington. Normally he is not real friendly with me (no surprise their) but he actually laughed when I walked in wearing shorts, deck shoes and an untucked collared shirt. Normally I wear suit & tie to such affairs but I figured that for what I thought was going to be a 30 second meeting to hear the Chief tell me “NO” about getting my job back at least I was going to be comfortable. I was surprised at his attitude, it wasn’t friendly but it was cordial. In fact he allowed me to ask him a bunch of questions involving my termination and we chatted for a while. I tried to explain that perhaps he was unaware of some issues involving the underling facts. I asked him why he waited till March of 2008 to initiate my termination when the last of these alleged incidents occurred in August 2007 (7 months before). He really could not provide me with any real answers to my questions and in fact appeared not to be familiar with a good bit of the underlining facts. He told me several times that he was going to let my grievance continue to the next phase. One of the issues I did raise is that one of the “alleged transgressions” he terminated me for. I had never received Disciplinary Review prior to the termination. This is a procedure required by Departmental Policy anytime an officer is investigated (Click here to read the Portsmouth Police Policy ADM-23 Disciplinary Review) an results in the opinion that a charge is founded. The charge could be anything from a policy violation (and their are lots, 3 inch thick 3 ring binder full of them) to an officer getting a traffic ticket or a citizen complaining about an officers demeanor. Some time after the Disciplinary Review (sometimes months) the Chief makes his decision on discipline and then the officer is notified by letter. I was never given that opportunity and that is a violation of Departmental Policy. In fact from what I can determine Chief Long never followed that policy as written since he became Chief. In addition I was never provided with a written list of charges against me prior to the discipline (my termination), this is another Department Policy violation. Each of those violations is termed a Group Two offense punishable with up to 10 days unpaid suspension. Three Group Two offenses in a 12 month period can result in termination. During one of my previous court sessions involving documents I was attempting to obtain under the state Freedom of Information Act (FOIA) the Chief through his legal counsel (Ms. Cheran Cordell) admitted that he was in violation of the law by failing to respond to my FOIA. That is another Group Two offense. So by my count that was three Group Two offenses comitted by the Chief in a 12 month period. Perhaps the City Manager Kenneth Chandler finally had enough of the Police Administration steam rolling the troops but committing numerous Departmental Policy violations themselves. It would be a pleasant and long overdue surprise that City Hall is finally holding the Chief and several of his senior staff accountable to the same polices they have enforced against the Police Officers who are the backbone of the Portsmouth Police Department.

A couple of good examples of the Police Departments selective discipline or selective law enforcement. One involves the disgraced SWAT Commander Lt. Brian Ali. You will note that he was arrested on 12/19/2006 (Click here for the online Portsmouth Circuit Court document showing the arrest date and sentence of Lt. Brian Ali’s Felony Conviction). As far as anyone knows or can determine he was never disciplined for his FELONY misconduct but he was rewarded with his retirement on 2/1/2007. Click here to see the email that was sent about Felon Lt Brian Ali’s retiring. Talk about not holding someone accountable, here is part of what it said “Please join me in wishing this employee success and prosperity as he embarks into a new chapter of his life”. Yea in prison. Here’s another, I tried to hold a City Police Contract Tow Truck accountable for it’s flagrant violation of the law. Click here to read the email detailing Wet Towing flagrant disregard of the law. This exchange involved the now acting Chief of Police Harry (Skip) L. Fremd who made in perfectly clear that nothing was to be done about the illegal activity by a Police Contract Wrecker. Next time you’re in Portsmouth take a look at any of the Wet Towing tow trucks. I will bet two years later they still have tint so dark you can’t see into the vehicle. That is termed “Limo” tint and is illegal but they are not held accountable because they “help” the police. Well I say to that that they are doing the duties as a good citizen should and should not receive preferential treatment. In fact as you read in the email they are a representative of the Portsmouth Police as a Contract Tow company and should be held accountable for illegal activity. As to the comments about stopping the criminals with the dark tint I did that as much as I could but with only three tint meters (an electronic device that can measure the percent of light passing through a tinted window) in the entire department two years ago and when I last worked a month ago none (they were all broke) it can be difficult to enforce the law without the required tools.

Several years ago I was involved in the Mobile Data Terminal (MDT) Project testing and installation. During that period I became concerned about less then competent operation of the Portsmouth 911 Center. I was concerned that the way the dispatchers were performing could be a liability to the city and expose the public to undue hazard. I was also provided with information that indicated that the Portsmouth Police Department was spending the 911 Telephone Tax money on items that were in violation of law. I submitted my first FOIA and it was down hill with the department from there. Click to read the Internal Affairs complaint involving the Portsmouth Police 911 Center and the Captain in charge I made. This was for a threat made against me via another employee that I was told about. Threats such as this are Group 3 termination offenses. Years later as far as I can determine that incident has never been investigated and the party involved is now in line for a position as Deputy Chief of the Department. I guess you can get the point I am trying to make. Their has been up to now NO ACCOUNTABILITY at the upper management level of the Portsmouth Police Department. Chief Long never held his senior people accountable and as far as I am aware never investigated complaints such as mine that were made.

But I digress back to today ..

After my meeting with the Chief I decided to go over to the City Attorneys office and see if I could meet with the City Attorney to see if some of the issues could be resolved. I was informed that he was out of the office. I then asked to see the Chief’s legal counsel Cheran Cordell. She was in the office but was too busy to see me and said via one of the Legal Assistants that she couldn’t see me till end of next week. At that point I told the legal assistant that I came over to pay a courtesy call to try and resolve some of the issues. I made the effort to try and work some of the issues out but if no one wants to see me then at least I feel as though I made the attempt. Oh well the things I wanted to discuss with them will be making it’s appearance in the next several days on this blog.

Their was no signs in Chief Long’s office today indicating that he was leaving the department. No boxes, nothing being packed, all his wall decorations in place. Based on my conversation with him, his attitude and the condition of his office I would say his resignation today was unplanned. In fact I have heard through reliable sources that their was quite the blowup in City Hall today when Chief Long was summoned over to see the City Manager. Sources said that he was told by someone in authority that he needed to leave City Hall immediately because his conduct was becoming disorderly. My best guess is that his departure was unknown to him till that meeting in the late afternoon in City Hall. As others have said Ex-Chief Long appears to be a nice guy but just didn’t cut it as Chief of Police.