1993-07-13 Verbatim of grievance hearing Jo EideU,
VERBATIM OF GRIEVAN
* JO E
C17YATTORNEY JOHN COOK. Just a few prel
knows you have a right under the procedure we have
assistance of the City Attorney. These Grievance He
although the grieved employee is so entitled to bring a
the meeting, but it has been requested that I come he
I understand it the employee has sought or requested
have in effect that this be a closed hearing.
1
HEARING 7113193
inary things, it's not quite 1.30. As the board
i effect in the City request the presence and
ngs are designed to work without attorney's
itorney. And the Chairman is suppose to run
and of coarse 1 am prepared to proceed. As
Wch is permissible under the procedures we
So with that in mind the witnesses will need to wait in t office of Mr. Drago's. if there is no objection
I'd like to swear in all the witnesses so I don't have tI
o it individually. Will each of you stand and
raise your right hand. Each of you swear and affirmtestimony you are about to give is the truth,
the whole truth and nothing but the truth so help youd? You do? Okay.
The procedure also indicates that the department headand City Administrator shall be present and with
the City Administrator sitting quietly or silently. So 1 K ould so that the Chief as a department head
should your ***Eide's attorney says something here, cannot be understood*** okay, so the rest of you
witnesses will wait in Mr. Drago's office.
Also Mrs. Jensen we have the City Clerk here, she
now she's having Bea up here because the tape ma
to stay in the meeting but she has nothing to do w
The Board will, according to the rules that we have, 1
to be an informal procedure so it's not like we're gc
questions yourself of any witnesses up here. if somec
them to come back up and ask more questions of the
finding hearing were you are satisfied that you've hea
can make your recommendation. Each side gets to
anticipated structuring this was I would examine the n
will have the chance to ask questions of them as wE
testimony as to her version of what happened here, (
as possible so we don't try to have witnesses up hei
you have questions you may want to write some dow►
of a witness or Mrs. Jensen is, and you'd like to, sin
question.
Again, you know the purpose of this hearing. Accor
have spoken, and there's no other evidence to pres
written recommendation. I has to be signed by the
Mayor and the City Administrator. At that point the C
with the recommendation, reject it or recommend a
in this case the officer, or the Department Head woG
the recommendation of the City Administrator then
Council Agenda, who have the final say so.
charge of keeping a record of the meeting.
happens to be here but if it's okay she'd like
i repretation of the City to do made.
ar testimony from witnesses, this is designed
g to be in a court of law. You're free to ask
3 has already talked and sat down you can ask
So this is designed to be a fair, impartial fact
all the facts that you need to hear so that you
ring as many witnesses they want. The way I
resentatives of the City, Mrs. Jensen of coarse
and then should have the officer present her
iy? But again if, we need to keep this orderly
and sit down and up here and sit down, so if
:) remind yourself. But if I'm asking a question
y raise your hand at some point if you have a
to the procedure we have once the witnesses
then you would have seven days to make your
irman. That recommendation would go to the
dministrator or the Mayor has the right to agree
fification to that finding. If either the employee,
isagree with this Board's recommendation and
could be requested to be placed on the City
Before we start, Mrs. Jensen, your client has the tit ht to make any objections to any committee
members she feels that they should be disqualified for any reason as not being fair or impartial. Is
there any objection? Okay. When you speak, try ar d speak up because all we have is that little
microphone in the ceiling for you all until you get over here. So if you don't have any objection to the
Board as it is comprised?
ATTORNEY JENSEN: There are no objections 1 the Board as it is comprised.
ATTORNEY COOK: And again, the procedures 14 have which we feel of coarse are sufficient, for
the purpose for which we are here, to avoid any mis derstanding or possibility of doing this twice,
are there any objection to the procedures to date? other words, the procedures outlined in the
policy we have **someones radio came on, can't un erstand what Cook says*** the notice to your
client, the letter to your client, her request to put it t the grievance committee, any irregularity or
violation of procedure that you want to bring up?
ATTORNEY JENSEN: No, not at this time.
ATTORNEY COOK. Do you have any objection
asking questions?
ATTORNEY JENSEN. No, go right ahead.
ATTORNEY COOK: First I would question Chief
have a microphone). Prior to this Chief, as we are on
up here identify yourself by name:
Each of the following members stated their name on
My name is V1
Bill
Pete
Harold
Bea G
2
to my bringing up witnesses initially and
3y (request Chief sit at far end so he could
but each of the members of the Committee
as follows:
Douglas.
Then Attorney Cook continued: Okay, we do have In attendance the City Administrator Mr. Drago.
Chief give us your name and your position within th ity please:
"Larry Mobley, Ch ef of Police."
Chief, the point where I would like to start anyway is at some point earlier this year, 1993, Officer Jo
Eide was on the agenda for the City Council, for a 99 day administrative leave, do you recall that?
CHIEF MOBLEY. Yes sir.
ATTORNEY COOK. And did you discuss this
action being taken, granted?
CHIEF MOBLEY. Yes I did.
ATTORNEY COOK: What did you tell her and
CHIEF MOBLEY: I asked Officer Eide if she wog
medical problems that she was having. She advised
be a good idea for her to ask for it, so I asked her wo
leave of absence. She said that she didn't know, that
She advised that she had talked with her attorney, tr
for her to do because of her workmans comp claim
on her injury. So I said what about me asking, she ad
the City Council put her on that 90 day leave of abs
ATTORNEY COOK. And you did in fact do
CHIEF MOBLEY. Yes sir I did.
leave with Officer Eide prior to that
did she tell you?
I request a 90 day leave of absence for some
3 at that time that she did not know if that would
what about if I asked for her to go on a 90 day
�e would talk with her attorney and let me know.
attorney advised that wouldn't be a good idea
at she had against Eckerd's Youth Foundation
-ed it would not be a problem if I would request
ATTORNEY COOK: And I believe the minutes that particular City Council meeting state that
Officer Eide neither requested the leave nor objects to it, I think is what it says?
CHIEF MOBLEY. I'm not sure of the minutes.
ATTORNEY COOK: And on that 90 day leave
was to return to duty?
there a date specified at which time the officer
CHIEF MOBLEY. Yes sir, May the 19th.
ATTORNEY COOK: 1993?
T
F
CHIEF MOBLEY. 1993.
ATTORNEY COOK: And during that 90 day
in any way by letter or telephone or in person?
CHIEF MOBLEY. We had one meeting, I had
of absence in my office.
ATTORNEY COOK: Was that pertaining to the
CHIEF MOBLEY. Her return to work, how her
ATTORNEY COOK: So you just asked her how
CHIEF MOBLEY: Yes sir.
ATTORNEY COOK: Was there anything said at
19th or not returning on May the 19th?
CHIEF MOBLEY: The only thing that I can recall
weeks left into her leave of absence before she wa
ATTORNEY COOK: So the due date back to
CHIEF MOBLEY. At that meeting, yes.
ATTORNEY COOK: is there any question in
suppose to return to work?
CHIEF MOBLEY. No question at all.
ATTORNEY COOK: During this time did you
health insurance as an employee of the City?
CHIEF MOBLEY: would you restate that?
ATTORNEY COOK. During this meeting prior to
carrying her insurance here with the City?
3
absence were you in touch with Officer Eide
with Jo about 6 weeks into her leave
of absence or concerning her return to work?
was going, how things were going.
was doing and she filled you in?
point about her either returning on May the
that you know telling her that she just had 6
back to work.
was discussed with her?
about her not knowing what day she was
with Officer Eide anything to do with her
leave did you discuss with her in any way her
CHIEF MOBLEY: Yea I explained to her that on p onal leave or administrative leave that she was
going on that all of her benefits would cease at that ti , that the City would pay her vacation time that
had accumulated and that she would have to make r ngements with the Finance Director, which is
Lola Parker, to pay for her medical herself and she vised she would.
ATTORNEY COOK. Okay. Do you know
CHIEF MOBLEY: No she did not.
ATTORNEY COOK: Okay. Alright closer now
with Officer Eide?
CHIEF MOBLEY: Officer Eide called me on
ATTORNEY COOK. By the way, was the 19th a
did in fact pay her medical during this time?
19th did you have any further discussions
17th.
or any particular day of the week?
CHIEF MOBLEY. I don't recall of what day of
week it fell on.
ATTORNEY COOK: You do recall she called vdul on the 17th?
T
f- i
CHIEF MOBLEY: Yes sir she called me on the 1;
ATTORNEY COOK: Okay. Did she say where
CHIEF MOBLEY. No she did not.
ATTORNEY COOK: Did you know where she
CHIEF MOBLEY: Not at that time.
ATTORNEY COOK: What was the substance of
was calling from?
calling from?
conversation?
4
CHIEF MOBLEY: She called and requested for extension on her leave of absence, which I
denied the extension because really, myself, I couldn have given it to her any how, that's the City
Council's responsibility to extend that leave. I could ' have extended it.
ATTORNEY COOK: Okay. And did she indicate
not extend it?
CHIEF MOBLEY. No sir.
ATTORNEY COOK: Did she give any indication
the 19th?
CHIEF MOBLEY. No sir.
ATTORNEY COOK: Did she give any indication
CHIEF MOBLEY. No sir.
ATTORNEY COOK: Some point after May 17th
she placed the call?
CHIEF MOBLEY. I was informed that she made
ATTORNEY COOK. What was the next contact
CHIEF MOBLEY: The next contact was made i
Farrenkoph, I asked him to make contact with Jo, s
going on. He called her June the 1st Left a mess
the 2nd. She couldn't come in. I think the reason
it the Friday. So the Captain set it up for June the
ATTORNEY COOK: Alright. And in this interim
another Officer hired to fill in her spot?
CHIEF MOBLEY: No sir.
ATTORNEY COOK: What did you have to do
CHIEF MOBLEY: We have an Officer that was
hours a week, the other times we was having to o
shortage.
ATTORNEY COOK: So the Officer's are
her plans were after you told her you could
whether she would show up for work on
all as to when she might return to work?
you in fact learn where Officer Eide was when
call from Indiana on the 17th.
had with Officer Eide?
Officer Eide at June the 1st when the Captain
p an appointment with her, let's see what was
on her answering service and she called him
she had a sore throat and so I couldn't make
Officer Eide was not working for the City, was
the department to cover for her absence?
ng part-time, very few hours, like 8 hours, 16
her shift with other officer's, it causes a shift
more than one shift?
CHIEF MOBLEY: No, there working the one
their getting paid over -time for coming In.
they are not getting their days off properly,
i
L
ATTORNEY COOK: And the absence you are
CHIEF MOBLEY: May 19th forward.
ATTORNEY COOK: I believe you classified in
CHIEF MOBLEY. Yes sir.
ATTORNEY COOK: That's all I have at this time
ATTORNEY JENSEN: For the record my name is
Jo Eide in this hearing. Chief why did you request h
CHIEF MOBLEY. From her medical problems
black out spells, falling and breaking her ankle.
ATTORNEY JENSEN. Are you aware of the
CHIEF MOBLEY. Yes ma'am, I am aware of the
ATTORNEY JENSEN. And what did that letter
6
about is from May 19th forward?
letter of June 10th that to be neglect of duty?
Jensen.
r Jensen and I am an attorney representing
Eide to be placed on a leave of absence?
was having. Sever headaches, dizzy spells,
10th letter from Dr. Miranda?
yes ma'am.
CHIEF MOBLEY. The letter said Officer Eide me y not is able, said may return to work with the
restrictions of not being able to lift 20 lbs. shoulder hi or above, and that she was going to be, from
time to time suffering from headaches. They're not raines or vascular headaches but she would
be suffering from them.
ATTORNEY JENSEN. And on what basis
absence?
CHIEF MOBLEY: What basis did I say?
ATTORNEY JENSEN: What basis did you
CHIEF MOBLEY: To let her get her medical
conversation she even admitted that she couldn't I
headaches, the medications that she was on was veil
out, you know, putting her behind the wheel of a ce
factored to be involved in there and her personal sa
ATTORNEY JENSEN: You indicated on direct
absence?
CHIEF MOBLEY. Yes ma'am.
ATTORNEY JENSEN: And you indicated just to
of the letter from Dr. Miranda?
CHIEF MOBLEY: Me reading the letter? No, not
from the Doctor plus the conversation I had with Oh
ATTORNEY JENSEN. You indicated that you
CHIEF MOBLEY: Yes ma'am.
ATTORNEY JENSEN. Do you remember when
then decide that she needed a leave of
that she needed a leave of absence?
)blems straightened out. Because in our
fle her job as a patrolman, because of her
)ng and her dizzy spells. And with the public
the public, I think the public safety has a lot
that you did ask her to take a leave of
right now that you base that on your reading
based on the letter, no. Based on the letter
Eide in her own words of her conditions.
with Jo during her leave of absence.
was?
CHIEF MOBLEY. It was about middle ways, 6
I don't remember the exact date, no.
I
0
ATTORNEY JENSEN: And then on the 17th,
CHIEF MOBLEY: Yes ma'am.
ATTORNEY JENSEN: In that conversation
appointments or anything like that?
CHIEF MOBLEY. I do not recall any conversation
it, I don't know, I mean I just don't recall that.
ATTORNEY JENSEN: Did you meet with her
CHIEF MOBLEY. May 27th?
ATTORNEY JENSEN: May 27th.
CHIEF MOBLEY. No ma'am.
ATTORNEY JENSEN: 1 don't have any other
ATTORNEY COOK: Chief let me ask you, when
she was, I think you said Indiana?
CHIEF MOBLEY.- Yes sir.
ATTORNEY COOK. On May 19th?
CHIEF MOBLEY. Yes sir.
ATTORNEY COOK: Did she ever tell you
CHIEF MOBLEY. No sir.
ATTORNEY COOK: Did she ever tell anyone
7
got a telephone call from her?
you remember any talk about her doctor
Jo on the doctors -appointment, I can't recall
27th?
talked about Officer Eide, you determined that
was on May 19th?
where she was on May 19th?
CHIEF MOBLEY: I have two letters from office or from dispatchers in the department that 1
guess Council has, that two dispatchers was in, in di atching there when Jo Eide's daughter was in
there, it was on the 25th of May and then were discus i g changing shifts and Jo's daughter indicated
that she had to get up early and go to Orlando and i k her mother up from the airport on the 26th.
ATTORNEY COOK: That's all I have chief.
ATTORNEY JENSEN: Do you know why Jo
CHIEF MOBLEY. From what I can understand,
funeral.
ATTORNEY JENSEN: And how did you find
CHIEF MOBLEY. Through communication with
ATTORNEY JENSEN: Did the Captain know
CHIEF MOBLEY.- For a fact, I can't say, but the
she left, now I can't tell you the conversation.
Indiana?
was in Indiana for her boyfriend's mother's
Captain and dispatchers.
Jo left where she was going?
has advised me, yes she called him before
ATTORNEY JENSEN: Thank You.
4
S
CHIEF MOBLEY. John, can I make a statement �� my own?
ATTORNEY COOK. I think in this proceeding
CHIEF MOBLEY: / can't?
ATTORNEY COOK. You can.
CHIEF MOBLEY: You know the question,
ATTORNEY JENSEN: I would object to him
Mr. Cook here as his representative or the repri
any statements that are necessary.
ATTORNEY COOK: As a Board if you wish to
that right, this is a fact finding procedure, you're
anyone in here to make a statement.
CHAIRPERSON DOUGLAS: We don't object t
to get this ironed out today, go ahead Chief, I don't
can.
any informal or impromptu statement, he has
e of the City, and I think Mr. Cook can make
Chief to make a statement, l think you have
to ask questions yourself and you can ask
se we want to try to hear everything we can
any problem with it.
CHIEF MOBLEY: It's not a subject that hasn't been brought up: I would just like to point out that
she was due back the 19th and you've heard me se y that supposedly I so told her it was alright to
come in after the 26th, you've heard that date, shed n't return to work the 27th. She had the 19th,
she failed to show, the 27th she failed to show to wo . That was my decision. You asked me about
my decision. Thank You.
ATTORNEY COOK: State your name and
"Raymond
ATTORNEY COOK. City Police Department?
CAPTAIN FARRENKOPH: Okeechobee City
ATTORNEY COOK. Captain Farrenkoph, you're
Eide was under for 90 days?
CAPTAIN FARRENKOPH: Yes I am.
ATTORNEY COOK. You are award of the date
CAPTAIN FARRENKOPH: Yes I am.
ATTORNEY COOK: The Chief told us about his
period or after that date until June 7th. Did you hm
or by telephone with Officer Eide?
in the City please:
Captain"
Department.
of coarse, the leave of absence that Officer
was suppose to return to work?
rsations with her, either during the 90 day
contact yourself either by letter, in person
CAPTAIN FARRENKOPH: Yes / did. In May, t first part of May, she called and said that she
had to go out of town to her boyfriend' mother's fun r 1, said she would be back by the 19th. Cause
I think she said she had a doctors appointment on 17th of May. And that's were I left it.
ATTORNEY COOK: And of course the first part off May would have still been during her 90 day
leave of absence.
CAPTAIN FARRENKOPH: Yes, she said she
or something like that, but she would be back in i
about I think she said 10 days she'd be back
ATTORNEY COOK. So you took that phone call �o be just an update from her?
4-
CAPTAIN FARRENKOPH: Right, to let us
ATTORNEY COOK: Did you pass that
CAPTAIN FARRENKOPH: Yes i did. He was
ATTORNEY COOK: Okay, after that date, did
9
along to the Chief?
in the squad room when I got the call.
any further discussions with Officer Eide?
CAPTAIN FARRENKOPH: June the 1st, I tried call her on the answering machine and I left a
word for her to call me. She called me the next mor i g, and I told her that we needed to set up an
appointment, we need to talk to her.
ATTORNEY COOK: So, from the first of May until Ji ine 1st, when you tried to call her, you yourself
hadn't had any further information about her whereabouts or her intentions?
CAPTAIN FARRENKOPH: No sir.
ATTORNEY COOK: From her or her daughter i friends or anybody else she may have left a
message with?
CAPTAIN FARRENKOPH: No sir.
ATTORNEY COOK. And then on June 2nd did Ou make an appointment for her to come in?
CAPTAIN FARRENKOPH: Yes I did on, I wan her to come in the next day, or that day or
something like that and she said she didn't feel goo so we set it up the next day, Chief, we had a
meeting the following day, the Chief was going to b ut of town so we set it up on a Monday.
ATTORNEY COOK: Who attended that
CAPTAIN FARRENKOPH. Myself and Chief
ATTORNEY COOK: Did you participate any in it,
CAPTAIN FARRENKOPH. I believe I answered
Mobley is the one that talked to her mostly.
ATTORNEY COOK. What was the purpose of
CAPTAIN FARRENKOPH: To find out what
ATTORNEY COOK: From your conversations
did you expect her to show up for work on May 1
CAPTAIN FARRENKOPH: Yes i did.
and Jo Ann.
as far as asking questions or speaking?
questions or asked some, but I don't, Chief
were.
the first of May, was it your understanding,
ATTORNEY COOK: Do you have any knowledge her supposedly meeting the Chief on May 25th
or 6th?
CAPTAIN FARRENKOPH: No sir. I do know t t she was supposed to have called and I was
out of town, she called and asked for me and I was ut of town and she talked to the Chief, I don't
know what the conversation was.
ATTORNEY COOK: Do you know what date
CAPTAIN FARRENKOPH: I believe it was the 1
she said she had a doctors appointment when she
7
of May. Cause that was the same date l think
ATTORNEY COOK: You aren't aware of any
phone call to the Chief other than the 17th?
It--
10
CAPTAIN FARRENKOPH: No sir.
ATTORNEY COOK: That's all l have.
ATTORNEY JENSEN: Captain my name is Bonni ensen and I am the attorney here representing
Jo Eide today. I just have a couple of questions for y D j. The Chief testified that he was at a meeting
where Jo's progress was discussed, which was eadlier than the May 17th meeting, were you at that
meeting?
CAPTAIN FARRENKOPH: Yes ma'am
ATTORNEY JENSEN. Do you remember what
CAPTAIN FARRENKOPH. I think that would
is that the meeting you're talking about?
ATTORNEY JENSEN: Well, the Chief indicated
CAPTAIN FARRENKOPH: Right, it would have
because we called her in to talk to her.
ATTORNEY JENSEN: Okay and you were at
CAPTAIN FARRENKOPH: Yes ma'am.
ATTORNEY JENSEN: What do you remember
CAPTAIN FARRENKOPH: She was talking to
other than she was still having sever headaches, W
ATTORNEY JENSEN. Okay, now you spoke to
for a few days?
CAPTAIN FARRENKOPH: Yes l did.
ATTORNEY JENSEN: And she indicated in
appointment?
CAPTAIN FARRENKOPH: I believe she said
ATTORNEY JENSEN: You indicated on direct
time that she was out of town?
CAPTAIN FARRENKOPH. No. No. She call
Conference and she spoke with the Chief. She did
ATTORNEY JENSEN: So you didn't meet with
CAPTAIN FARRENKOPH: 27th of what?
ATTORNEY JENSEN: Of May.
CAPTAIN FARRENKOPH. No I didn't meet
ATTORNEY JENSEN: Did you see her in the
of absence?
the day that she got her leave of absence,
it was a meeting during her leave of absence.
right in the middle of her leave of absence
?
at that meeting?
Chief and she said she hadn't heard anything
dizzy spells, and she was on high medication.
when she said that she was going out of town
call to you that she had a doctor's
17th, yes ma'am.
was suppose to have called you during the
for me. I was out of town at the Hurricane
` say anything about calling me or anything.
then on the 27th?
on the 27th of May.
during the time that she was on her leave
CAPTAIN FARRENKOPH. A couple of times,
ma'am, selling jewelry.
ATTORNEY JENSEN. Did you take a part in the
CAPTAIN FARRENKOPH: Yes ma'am we
ATTORNEY JENSEN: when you say we
CAPTAIN FARRENKOPH: The Chief was
ATTORNEY JENSEN: He discussed it with
CAPTAIN FARRENKOPH: At the time, yes ma
ATTORNEY JENSEN: Oh, Jo was there also?
CAPTAIN FARRENKOPH: Yes ma'am.
ATTORNEY JENSEN: And when was this?
CAPTAIN FARRENKOPH: 1 have to look at my
ATTORNEY JENSEN: What are those notes of?
CAPTAIN FARRENKOPH: This is just my
ATTORNEY JENSEN: The report that's in the
CAPTAIN FARRENKOPH: Yes ma'am.
ATTORNEY JENSEN: The discussion of the
CAPTAIN FARRENKOPH: No ma'am.
ATTORNEY JENSEN: You weren't a part of that
CAPTAIN FARRENKOPH. Not that I know of.
ATTORNEY JENSEN: Do you know if any body
CAPTAIN FARRENKOPH: I did on June the 1
ATTORNEY JENSEN: But no body tried to
CAPTAIN FARRENKOPH: No, not as far as I
ATTORNEY JENSEN: Okay, I don't have any
ATTORNEY COOK. State your name and your
"My name is Beverly Fell, I'm a
Attorney Cook continued: Beverly, quickly we just
Eide did come back to Florida, you apparently were
how would that arise?
it.
it?
it.
11
for Jo to go out on a leave of absence?
when she was in there.
I believe it was February 171h.
I wrote for the Chief, what you've got.
absence, I mean originally, perhaps I was...
to contact Jo after May the 19th?
her between May the 19th and June ist?
questions.
with the City please:
with the City Police Department"
to go over your knowledge of when Officer
,nt at a conversation or were told something,
DISPATCHER FELL: it arose because I was try ri 7 to switch shifts with another Dispatcher so I
could an Athletic Banquet for my daughter which was o be the next day. So I stayed over, I worked
3 to 11, / stayed over to talk to the next Dispatcher ar a Officer Eide's daughter came up there, which.
was the only reason the subject came up. During o ji general chit-chat conversation Kim Elde
•
mentioned that she was going to Orlando to pick
ATTORNEY COOK: What date would that have
DISPATCHER FELL: It would have been the
ATTORNEY COOK. And prior to the time you
Eide was or when she was to return?
DISPATCHER FELL: I knew she had been in
anything, 1 you know, had not kept track of her, I f
ATTORNEY COOK: Did you hear Officer Eide
City?
DISPATCHER FELL: No, I did not hear Officer
ATTORNEY COOK: That's all I have. Mrs.
talk to. Have Miss Manson come in.
State your name and position at the City please:
"Rebel Manson,
Attorney Cook continued. Miss Manson we're
knowledge of the events surrounding Officer E
Beverly that apparently her daughter went up to
correct?
DISPATCHER MANSON: Yes sir.
12
mom the next morning.
of May.
that conversation did you know where Officer
ina, but l didn't know if she was back yet or
she had family business up there.
when she had returned from Indiana to the
I had Rebel Manson as the one I needed to
just to quickly go over your participation or
etum to the City. We've already heard from
to to pick her up on the 26th of May? Is that
ATTORNEY COOK: There was another, and you r rioy not know this, I can't tell from the notes here,
was there another representation other than May 26t by Officer Eide as to when she came back to
Florida?
DISPATCHER MANSON: Captain I guess had
said that she said she came back on the 19th.
ATTORNEY JENSEN: I'm going to object to
somebody said, I mean that's clearly hearsay.
to Beverly, I don't know, and something was
I mean she's saying that somebody said
DISPATCHER MANSON: Captain came to me d said what day did Jo Eide come back? And
I looked it up because I was on midnights, it was my t night of midnights, me and Beverly swapped
shifts, I worked 3 to 11 and she worked my 11 to 7, night before on the 251h, Kim came up there
to see me, she said see could not stay late cause shead to go that morning to get her mother, which
would have been the 26th. I give her a wake-up ca 1 nd that's what I told Captain.
ATTORNEY COOK: You don't know what
DISPATCHER MANSON: No sir.
ATTORNEY COOK: Okay, that's all I have.
ATTORNEY JENSEN: I don't have anything.
ATTORNEY COOK: Have Captain Farrenkoph
told Captain Farrenkoph do you?
back in here please.
ATTORNEY COOK: Captain Farrenkoph I h:
apparently, you may have some information on it. I
to you by Officer Eide as to when she did in fact c
wovered something in the notes here and
it to ask you. Was there representation made
back to Florida?
t
O
CAPTAIN FARRENKOPH: Yes there was.
ATTORNEY COOK. What date was that?
CAPTAIN FARRENKOPH. June 2nd when she
ATTORNEY COOK. What did she say to you?
CAPTAIN FARRENKOPH. I asked her when
weeks ago on the 19th.
ATTORNEY COOK: And did you later
CAPTAIN FARRENKOPH: Yes I did.
13
me that morning.
she get back in town. She said a couple of
was not true?
ATTORNEY COOK. Did you ever ask Officer 04why she would tell you that?
CAPTAIN FARRENKOPH: No I didn't, .I haven
until after we had done had our meeting, with Jo.
ATTORNEY COOK: And you learned it I think
CAPTAIN FARRENKOPH: Yes sir.
ATTORNEY COOK. okay. That's all I have.
ATTORNEY JENSEN: I don't have any
ATTORNEY COOK. Mrs. Jensen, that's all I
TURNED TAPE 1
ATTORNEY COOK: Raise your right hand
about to give is the truth, the whole truth and i
ATTORNEY JENSEN: Could you state your
"My name is
Attorney Jensen continued: And how long have
Department?
OFFICER FIDE: I've been at the City of
the 16th, the 13th something like that.
ATTORNEY JENSEN: And what job position
OFFICER FIDE: Road officer patrol.
ATTORNEY JENSEN: When you first came to
about applying for the job here.
to Officer Eide anymore, I didn't know it
the Dispatcher?
the City.
R TO SIDE 2
do you swear or affirm the testimony you are
out the truth so help you God?
for the record please:
Eide"
been employed at the Okeechobee Police
for over 3 years, my anniversary was February
fulfill while you were here?
department tell me how it was that you came
OFFICER FIDE: I've been in law enforcement sine 1974, and at that time I was working for EYDC,
Eckerd Youth Development, and wanted to get back ilft law enforcement before my certificate came,
officers can stay out for up to 2 years, it may be Ion , before their certificate laps and they have to
go back through all the schooling and I applied with the City of Okeechobee in hopes of getting on.
•
ATTORNEY JENSEN: You mentioned your pri
come a time when you were injured at that place
OFFICER FIDE: Yes.
ATTORNEY JENSEN: Could you tell the
14
; Eckerd Youth Development Did there
happened.
OFFICER FIDE: January 1990, 1 was injured in a ak accident with a golf ball. In which I received
hit in the head by a golf ball, knocked me out and h to have stitches and what have you. I went to
the doctor, they did the treatment and around the sa a time, it was almost within 30 days, I received
notice that I was going to be in the final selectio for the position that was open at the City of
Okeechobee.
ATTORNEY JENSEN: Did you inform the
OFFICER FIDE: Yes, Captain Farrenkoph knew
ATTORNEY JENSEN: Were you required to
here?
OFFICER FIDE: No I was not.
ATTORNEY JENSEN: Did the Department
OFFICER FIDE: At the time they knew what we
I was released from the Doctor at the emergency i
at the time, he said I was released to go back to i
ATTORNEY JENSEN: Are you and did you
OFFICER FIDE: Right, after that, I started having
seeing Dr. Husaine, a neurologist.
ATTORNEY JENSEN. And did these
OFFICER FIDE: If they were really, really sever, I
a non -narcotic like motrin and went to work as I pro
that would work.
ATTORNEY JENSEN: Were you undergoing
OFFICER FIDE: Yes.
ATTORNEY JENSEN: 1'd like to direct your
Board what happened then?
OFFICER FIDE: September of 1992,1 worked da
29th I believe, and I worked day shift, was having a he
got off and went home, was laying down fora little w
when I got up to leave as we were leaving, I live in I
dizzy and I tried to catch myself and I wound up at th
taken to the emergency room and I notified the City
ATTORNEY JENSEN: And were you out of
OFFICER FIDE: Right, I had a chip fracture, req
physical therapy because it was right on my ankle
alter about 3-4 weeks I returned back to light duty
about your injury at that time?
the injury, he knew what was going on.
a physical agility test when you came to work
the manifestations of your injury?
at the time. And 1 say Dr. Husaine and when
because that was the only one that had seen
from on -going problems from this injury?
on a fairly regular basis and I did start
your ability to perform your job?
call in sick, but most of the time I just took
or as time progressed I just found out that
treatment from doctors?
now to September, 1992, could you tell the
ift, it was the end of September, not sure, the
ache, got off at 3 o'clock, I worked 7 to 3 shift,
because we were going to go out to eat and
oiler, I have steps and as I started down I got
21tom of the stairs with a broken ankle. I was
nediately, Sgt. Ammons was working.
that time?
me to have a cast, and I had to go to therapy,
uring that time I went to physical therapy and
at the City.
ATTORNEY JENSEN: And what did you do on
OFFICER FIDE: I worked in dispatched and
they were doing, I put information into the comp
in the clerk's office typing stuff.
ATTORNEY JENSEN: How long were you on
OFFICER FIDE: I believe that the release I have
on February the 3rd.
ATTORNEY JENSEN. Did there come a time
leave of absence?
15
duty?
the detectives with some Investigations that
1marily it was working dispatch and helping
duty?
Dr. Kerushi released me to go back to work
the Chief approached you about going on a
OFFICER FIDE: Later. I was still on light duty aro while I was still on light duty I was seeing an
neurologist, I was going to a chiropractor at the time
ATTORNEY JENSEN: Now the chiropractor
OFFICER FIDE: No, I was, well it was running
neurologist while I was seeing Dr. Kerushi the of
ATTORNEY JENSEN: Did there come a time
neurologist?
OFFICER FIDE: i believe on February the, I had
while I was on light duty, they were just informal, you
of conversations, or that type of meetings and at that i
was saying and all he was going to you know, he w
given the impression that the City would work with r
and Captain and I all talked about it and the put me
try to get the therapy I needed or whatever for 90 d:
ATTORNEY JENSEN: Did you ever return to
OFFICER EIDE: I worked the fair for a week.
ATTORNEY JENSEN: What did you do when
responsibilities did you have at the fair?
OFFICER EIDE: Wen, foot patrol.
ATTORNEY JENSEN. And did you ever get
OFFICER EIDE: There was altercations every
ATTORNEY JENSEN. And were you
OFFICER EIDE: If need be. As it was I didn't h+
with fights, and, but we just, working with some of
arrests, we could have.
were those for your ankle?
back, there for a while, I still was seeing the
surgeon.
you were released to go to work by your
feral meetings with the Chief and the Captain
ow, have you got a minute Chief and that type
it looked to me like from what the neurologist
going to try to correct the problem and 1 was
on this matter, we talked about it, Chief and I
leave of absence in February so that I could
after you were on light duty?
the fair for a week? What types of job
in an altercation?
the kids fighting and that type of stuff yes.
take action during that period of time?
The situation presented itself, several types
3r officers we just decided not to make any
ATTORNEY JENSEN: So when you were placed administrative leave, did the Chief speak with
you?
OFFICER EIDE: Yes.
ATTORNEY JENSEN: What did he say to you?
OFFICER FIDE: I was given the impression
days leave of absence, and that if the problem hi
leave of absence after that. And that was the iml
know doctors take time, and their recommendai
leave of absences up to a year without, before I
16
by Chief Mobley that he was going to put me on 90
idn t gotten any better that I could get another 90 day
Press fon that I've had all along and unfortunately, you
ion take time. He told me that I could take 90 day
wa �eplaced and that's what I believed all a long.
ATTORNEY JENSEN. Did you meet with the
leave?
OFFICER FIDE: Yes.
ATTORNEY JENSEN: When was the first time
OFFICER FIDE: The first time the called me in,
and Captain wanted to meet with me, I had an apl
that's how I know it was April the 71h and the reasc
rumors that I wasn't coming back to work, that I di
And I told them that they were wrong, that I was gla
of coming back as soon as you know, everything w+
jest of that, I don't really remember verbatim on wr
ATTORNEY JENSEN: There were, you meet wi
and the Captain that you met with them regarding a
OFFICER FIDE: Right.
ATTORNEY JENSEN. Do you remember that
OFFICER FIDE: Right, I think it was in March, at
again. Every time that I saw Dr. Miranda, I made j
Doctor had said. And sometimes he didn't have any
he was changing my medication because I was on
medication, we were trying to see what worked be;
Platt for massage therapy and for massage.
ATTORNEY JENSEN. Dr. Platt was your
and Captain while you were on administrative
met with them?
Carroll called me at home and said the Chief
ment that day. So the next day I went in and
sy called me in was because they had heard
have any intentions of coming back to work.
�y called me in because I had every intention
raightened out. And that was pretty much the
as said or anything.
the, there was testimony earlier from the Chief
ogress report.
March 17th because I had seen Dr. Miranda
ess reports to them and told them what the
to say. We went through a period there were
g medication and then he put me on lighter
me. And at that time I was still going to Dr.
OFFICER FIDE: Right he was recommended by Dr. Miranda, my neurologist.
ATTORNEY JENSEN. During your leave of
responsibilities, any schools or training?
OFFICER FIDE: No. And as a matter of fact I dii
which was quite lengthy and I told Captain all along
in Dispatch or whatever, I would just volunteer, they
to see if there was any subpoena's or seeing what H
basis. Every time that I was up there and it was cot
they weren't formal meetings or anything.
ATTORNEY JENSEN. So you met with the i
progress report and you met with them again in
Or had contact with them?
OFFICER FIDE: I know that it was National Pray(
know that they had something going on out here and I
my box and see what was going on. And that was is
ATTORNEY JENSEN: Did you call them and let
were you contacted about any job
have anything to do so I took an EMT course
if he needed me to come up, if they got short
ow that, I had been up here, checking my box
going on at the Department on a fairly regular
Vent we talked about what was going on and
id Captain in March and you gave them your
When was the next time you met with them?
I don't know the date or anything. But I
over to the Police Department just to check
)ly the next time that we talked.
know you were leaving town?
OFFICER FIDE: This was in May. I found out the
before the funeral that my boyfriend's mother
had passed a way. She, I believe she was buried a
funeral. I called the Captain, there again, to let him i
was suppose to or not, but I did. And let him know tl
intentions of coming back, you know right a way. I I
really sure of the day, I knew it was around the 18th
leaving, I didn't say when I was coming back or anyl
told me he'd see me when I got back.
ATTORNEY JENSEN: Then what was the next
OFFICER FIDE: I called Chief on May 17th and
needed to know what was going on. He was, well
Hurricane Seminar and 1 spoke to Rebel Manson, sho
the Chief. I needed to know if he was going to exte,
I told him then that my doctors appointment was the
to tell him since the last time I talked to him, until I tolh
gave me the impression that it was alright, go aheal
doctor, then we'll take it from there. That was the im
ATTORNEY JENSEN: Could you come back to
17
e 15th and I got up there the day before the
iv I was leaving town, which I don't know if l
was going to Indiana for the funeral and had
v that my 90 day period was close. 1 wasn't
19th, I told him, well just told him that I was
1. The conversation didn't come up, he just
that you had with the Department?
alized that my 90 days was close and that I
;ailed for the Captain and Captain was at a
Kok the call and put me directly in touch with
my leave of absence or what was going on.
h of May and that I didn't have anything new
to Dr. Miranda on the 26th. He told me then,
rid go to the doctor and after you go to the
fission I was left with.
on the 19th?
OFFICER FIDE: I could have come back on the 1 t . My ticket had an open end on it. There was
a flight every day coming into Orlando at 11 o'clock in the morning every morning from Indianapolis,
except Thursday when they changed it for the new SUmmer hours. It's a two hour flight, its a direct
flight.
ATTORNEY JENSEN: And when did you come
OFFICER EIDE: I didn't come back until the 2
after I say the doctor, I called home and told him I
stay up there. If he had told me to be a work, on
ATTORNEY JENSEN: When you came back on
OFFICER EIDE: Well, I was picked up at the airl
was 2 or 3 o'clock and the appointment was in Vero
we went to Vero, had lunch, went to the doctor and
ATTORNEY JENSEN: Did you report to the
OFFICER EIDE: The next morning I came in. ar
Captain was on the computer, it was just a quick, I
were making an appointment to see that, he told me
approach to my problem and that if I wanted to see
appointment to see the neurosurgeon and that's w
neurosurgeon.
ATTORNEY JENSEN. Did you discuss the date of
OFFICER EIDE: At that time no.
ATTORNEY JENSEN: When was the next
after he told me I didn't have to come in until
t have anything else to do I was just going to
9th I would have been there.
26th what did you do that day?
my appointment was later, I don't know if it
ch. Which I was picked up in Orlando, and
e home.
here again, it was an informal, just kind of a,
ci that what the doctor had said that they, we
t there was a light approach or a more drastic
eurosurgeon that he would set me up with an
I was waiting on for him to set me up with a
19th or your leave of absence at that point?
that you had for the Department?
OFFICER EIDE: Captain called me and asked me it I could come in and he said due to the Chief's
scheduling and some appointments and like he mentioned earlier he set us up an appointment that
would be most convenient for the 3 of us to get together for the next time and that I believe was on
June the 7th for the meeting at 2 o'clock.
ATTORNEY JENSEN: And what happened at
OFFICER EIDE: I came in at 2 o'clock and Cr
meeting?
an Investigator from the Sheriff's office in
there with him and so I just sat and talked to the Capi
started about 3.30. He told me in that meeting the
approve another 90 day leave of absence. And that
to replace me with Auxiliary Officer William Hill. And
am I terminated and he said yes and I told him that I
for 3 different departments and I've never had an
understand why. I understood the Chief's position I �
and all but it's not fault I would have gone back to we
me numerous times that I couldn't come back to wo
was 70019, 80% or 95% better but when I was 100% t
on road patrol.
ATTORNEY JENSEN: Where you ready to go
OFFICER FIDE: I told him then that I would go ti
concerned about my certificate because I didn't warn
been one for 18 years and I plan to continue in the pi
and he said something to the fact that we're not goir
in limbo but we'll notify somebody for FDLE and he f
tell him that you are released of duty or terminated for
that I would be receiving a letter from Attorney Cook
words, it would be final. He said it would say someti
and such a day in full uniform, ready to go to work wit
any limitations. He says, he'll probably say sometime
if I show up for work. And then he got upset with mE
side, and for me not to cause any problems. He tc
Attorney Cook soon.
ATTORNEY JENSEN: Did you ever get a letter
OFFICER FIDE: Well, I went home. I still told
situation. And I told him that, well, when I left we wo
it in writing that he would hold the position for me w
for him and that he didn't have any problems with me
he had to do something about getting a man on the
regular basis and let him know how I was doing, you
home and the next day I wrote the Chief a letter, hat
was any misunderstanding, I did want my job. And
On the 10th of June, it was that afternoon, I guess I
hand delivered me a letter and he stood there and si
it's okay, I said I'm alright, I was working in the yard,
is it's from Attorney Cook and he says I don't know %
it. I said that's fine. And. like I said I was filthy, so I tc
and read it and it was not what I was expecting. I
neglect of duty. And put something in there to the
because I didn't show up for work on the 19th that i
ATTORNEY JENSEN: Did you ever have an
report to work ready to work or you'd be terminal
OFFICER E1DE. No.
ATTORNEY JENSEN: Where were ever put on
18
i for about an hour and a half and our meeting
ie didn't think the City Council was going to
P didn't have any other choice at this time but
:)Id him, I said so what's my status, and I said
id never been terminated before. I've worked
Mg like that on my certificate, that I didn't
)w that it has been a strain on the Department
if they would have let me. The Chief has told
until I didn't have any limitations. That not if I
ter I could come back and go to work for him
that day?
vork if he would let me. I told him that I was
egged in Tallahassee, I'm a police officer, I've
ession. I think that the Captain spoke up then
to flag your certificate, that it'll just be placed
re me a name, I don't know, he said we'll just
edical reasons. Chief also told me at that time
ye told me it would be an ultimatum, in other
g like, you were to show up for work on such
i letter from your doctor saying you don't have
n June and I told him then, I said Chief, what
ie told me that for me not to get on his wrong
me that I would be receiving the letter from
Attorney Cook?
n that I was very confused about this whole
still, you know, he told me that he would put
n I got better that I could come back to work
a police officer. That, you know, it's just that
Set. He told me to come in and see him on a
ow, and everything was okay. I left and I went
wrote him a letter, and told him in case there
3t I was personally ready to go back to work.
cl been in and out or whatever, Sgt. Coonfare
are you okay and I said yea I know what it is,
ras grudy and ucky. And I said I know what it
is in the letter, he says I'm just here to deliver
the letter and put it inside. I went inside later
told me then that I was being terminated for
Fect because I hadn't paid my insurance and
charge would be neglect of duty.
or did the Department ever tell you to
schedule to work after the 19th?
OFFICER FIDE: Not to my knowledge. And jL ii t in conversation, I've talked to some of the
Sergeant and they didn't, they were all asking me wh I'm coming back to work, none of them knew.
I mean if I was put on the schedule they didn't tell m was put on the schedule or they didn't tell me
who I'd be working for, cause J.P. Ziegler is now work,work,r g for Sgt. Arthur who i was working with before.
ATTORNEY JENSEN: Okay,/ don't have any
ATTORNEY COOK. Officer Eide when did you
questions.
you were hit In the head with this golf ball?
OFFICER EIDE: It was, I believe it was in, it was
to work for the police department.
ATTORNEY COOK: And when did you start wit
OFFICER FIDE: It was in February.
ATTORNEY COOK: 92?
OFFICER EIDE: No sir.
ATTORNEY COOK: Or 91 rather, 90 excuse.
OFFICER EIDE: 90, yes sir.
ATTORNEY COOK: Sometime, you realized
December 15th of 89?
OFFICER EIDE: Yes sir.
ATTORNEY COOK: It was alter that that you
OFFICER EIDE: Yes sir.
ATTORNEY COOK. Sometime between
OFFICER EIDE: Yes sir.
ATTORNEY COOK: Okay. Did you update your
here at the City?
OFFICER EIDE: No sir because I didn't
released. I didn't see any need to.
ATTORNEY COOK: / thought you said a while
Mobley knew about your accident.
19
like a month or 8 weeks prior to me coming
police department?
filled out an application for employment on
accident at Eckerds?
of '89 and February of '90 was your accident?
any or tell any body about the accident
on -going problems with the injury and l was
that the date, on the day you got hired Chief
OFFICER EIDE: Captain Farrenkoph knew becauSe when I did my drug screening and all with Dr.
Lang the letter that was sent to Chief Mobley told him ten that I was on a mild narcotic for pain. And
he said there that I had told him that I was on the pain medicine. So I assumed that they knew that
I was recovering from the Injury.
ATTORNEY COOK: Now when you talked to the
was up May 19th?
OFFICER EIDE: on the 19th, I knew that it was
in writing.
ATTORNEY COOK: But you knew the day?
OFFICER EIDE: Yes sir.
ATTORNEY COOK: And during that phone
extension?
on May 17th, you knew that your 90 days
that time, yes sir. I hadn't received anything
did you not ask Chief to get you another
OFFICER EIDE: He told me that he didn't think the City Council was going to approve another.
I asked him what was going on I needed some guldaricte at that point And the Captain wasn't there
who 1 had been referring all my inquiries and everything too, so I spoke to the Chief for a chain -in -
command.
1
ATTORNEY COOK: So you are aware that the
require the City Council?
OFFICER FIDE: I didn't know that.
20
could not grant you and extension, it would
ATTORNEY COOK: Well you know in February Of '93 it went befbre the City Council.
OFFICER FIDE: I knew it went before the City
me he was putting it before the Council.
ATTORNEY COOK: Sometime between Februs
May 17th when you called the Chief, somewhere in
leave request and it was granted, right?
after it went to the Council, he never told
93 when the Council granted the leave, and
time you knew the Council had acted on the
OFFICER E1DE: I knew that, I thought that it was lrectly my supervisor that, they requested the
leave of absence for me. And at the time 1 thought 't was beneficial for everybody. I left it in their
hands.
ATTORNEY COOK: The Chief told you, did he
Council for another extension?
OFFICER FIDE: He didn't say that he wasn't go
think the Council was going to approve another 90
ATTORNEY COOK: So at that point did it dawn,
you ought to show up for work?
OFFICER FIDE: Absolutely. I realized that the 99
asked him what, you know, what should I do, that wa
on the 171h because if he'd told me to come back on
I could have flown home that day, if it was an emerge
he would have had to done was tell me to be a work,
work on the 19th. All along he has told me he co
limitations.
ATTORNEY COOK: Why then did you not show
on the 17th that he was not going to ask the
to ask the Council, he told me that he didn't
that your 90 days was up on May 19th and
ys was up, he didn't tell me that I should, I
a whole purpose of the call, was to call him
191h, I could have flown home the next day,
or if it was need be to go back to work, all
been placed on the schedule to go back to
i't let me go back to work because of my
on the 19th?
OFFICER FIDE: He told me that it was okay for to show up on my doctors appointment, to
check in with him after, nothing was ever said abou oming back to work, all along he's told me I
couldn't.
ATTORNEY COOK: Alright, assuming that, the C
conversation why did you not show up for work on
OFFICER FIDE: I did come in on the 271h.
ATTORNEY COOK: Who did you talk to?
OFFICER FIDE: I talked to the Chief and the
ATTORNEY COOK: Both that day?
OFFICER FIDE: Yes sir.
ATTORNEY COOK: Did you talk to anybody
doesn't recall that, but assuming you had that
26th? Or 27th?
OFFICER FIDE: Well whoever was there I don't re ember who was working. Its always been my
practice, the day after or as soon as I can get in there r my doctors appointments I come in, I report
in to them, I've done it all along through this whole th#70 and the next day was like a Thursday, it was
in the middle of the week, they were both working
in and tell them.
ATTORNEY COOK: Did you tell Captain
19th?
OFFICER FIDE: That I did return on the 19th? I
ATTORNEY COOK. So you don't know where
21
made an appointment that morning to come
that you had returned from Indiana on the
told him I returned on the 19th.
that impression from?
OFFICER FIDE: This conversation, this didn't eve 7 come up until June, our meeting the first part
of June. And he asked me then when I got back an said a week or so ago, I think that it was an
important date, I mean it was, no responsibility placedon me from them to show up or to do anything
they hadn't asked me where I'd been going or what ' been doing prior to that
ATTORNEY COOK: On June 7th did Chief tell y that he was firing you or that he was going to
recommend to the City Council that you were fired?
OFFICER FIDE: I asked Chief what my status
terminated and he said yes. I felt like I was terminE
ATTORNEY COOK. That's all I have.
ATTORNEY JENSEN: There was some te.,
could you tell us about your situation as far as
OFFICER FIDE: When I first went on light duty 4
coarse because l was in a cast and all, and after that,
medication, earlier on, 1 realize that that was some o
maintain on, and that was where that conversation ca
which is still a narcotic but it's not as strong a narcoti
four times trying to find something that I could deal wit
Dr. Miranda's told me he has a narcotic that I can w
Chief and Captain are aware of that.
ATTORNEY JENSEN: Are you at this point, do
OFFICER FIDE: No.
* * *TURNED TO T,
ATTORNEY JENSEN: I don't have any other
ATTORNEY COOK: Does anybody on the
COMMITTEE MEMBER SAUM: Jo, have yc
breaking your ankle, have there been any other times
s before I left there, and I said am I being
that day.
it you were having some problems driving,
concerned?
all, I had to have someone drive for me of
re was a period where I was on some heavy
9 medication that I couldn't take, I could no
from, I have now been switched to napercin
what I was on, I've changed medicines like
id not be an emotional wreak or be whatever.
with even that has no side effects. And the
have any problems driving?
E 2 SIDE 1 ***
have any questions for Officer Eide?
id any times since you feel at your house,
you gotten dizzy or passed out or any of that?
OFFICER FIDE: Dr. Miranda did testing to deter a what the problem was and he said that I'm
not blacking out, but when I have the sever headache here are times when I do have the dizzy spells.
And in the beginning when I was on the stronger m icine they seemed to be more frequent, but I
realized that the medication was part of the problem nd got off that.
COMMITTEE MEMBER SAUM: would the
OFFICER FIDE: I've been working with
take you out from work?
for 3 years.
COMMITTEE MEMBER SAUM: I don't know
sever they get that's why I'm asking.
R j
OFFICER FIDE: When they're really sever.
COMMITTEE MEMBER SAUM: You stated
sever.
OFFICER FIDE: Right.
COMMITTEE MEMBER SAUM: So I don't k
in for a week or calling in for a day, two hours or
OFFICER EIDE: They hardly ever last more than
I had Captain he was on the computer and 1 asked h
because I was curious and they're all on midnight shi
which he said they have a record of my days off, and
worked under the influence of a narcotic, I know b6
COMMITTEE CHAIRPERSON DOUGLAS:
to you in like certified mail, any kind of paper work
that?
OFFICER EIDE: Nothing at all. And the correspi
hand delivered from Sgt. Coonfare and that was just
he sent me a copy of a letter where he was reques
COMMITTEE MEMBER SAUM: Dial I hear
as leave of absences go get any where from 90 i
OFFICER EIDE: Right, I went over with Chief,
take 90 days at a time, I don't know if it's under F
Thomas, with Bonnie Thomas, also, that was the ur
is going to be drawn out, you can't waive a magic
more than one doctor involved in it they schedule
unfortunately this has taken.
22
that you would call in sick when they got that
if, we don't know if that means you'll be calling
day or two, they start subsiding. At one point
to look up when I was having the headaches,
'ust about everyone of they or on midnight shift,
*n I've had to take time off, because I've never
,r than that, I'm too responsible for that.
there anything Jo, sent from you or from Chief
I this 90 day period on status or anything like
ence I received from him since then has been
letter from Attorney Cook on the 10th and then
my insurance be terminated immediately.
I earlier that you said that you could, as far
to a years time?
it right out of the book and it says that you can
nal leave or under what, I went over with Mrs.
rending that I had, since the situation that I have
d and be well the next day and when you have
appointments when they want to it seems like,
COMMITTEE MEMBER TEITSORT. Has the doctor, have they released you 100% now?
OFFICER EIDE: I'm not 100% no sir. I just can
I can't lilt anything more than 20 pounds over my sh
sever headaches, but I've had headaches for 3 yei
medication is worse than the headaches, the side
only thing that he put in the letter was I that
s and that I'm likely to have the headaches,
w. I realized along the way sometimes the
ATTORNEY COOK. If you don't have any more �'o like Chief to come back up here.
Chief Mobley, Officer Eide said that you knew, or
she was hired as a City Police Officer here.
CHIEF MOBLEY. I can't speak for the Captain but
she fell and broke her ankle, blacked out, as I recal
ATTORNEY COOK. That was September of '92
CHIEF MOBLEY. That was September '92 yes
ATTORNEY COOK: 2 years after she was hired,
CHIEF MOBLEY. Yes sir.
Captain knew of her accident at Eckerd when
I've heard of her golf ball problem was when
conversation and broke her ankle.
ATTORNEY COOK. Okay. This thing about leav� t
f absence, did you ever tell her that she could
get up to a year without any problems?
R i r
CHIEF MOBLEY: Without any problems, no.
ATTORNEY COOK: I think she said up to a
CHIEF MOBLEY: No. I read it right out of the
2 weeks to a maximum of 1 year with the Depart
what I read right out of the handbook.
ATTORNEY COOK: Now on the May 17th
did ask you about another extension.
CHIEF MOBLEY. Jo called me and she asked
absence and 1 said no period.
ATTORNEY COOK: Did you say anything to lei
trout down to the Administrator Office and request
CHIEF MOBLEY: No sir.
ATTORNEY COOK: You told her no extension?
CHIEF MOBLEY: I said no there would no be.
ATTORNEY COOK: And I believe you say you
you have a doctors appointment on the 26th, get i
CHIEF MOBLEY. No sir I don't recall that.
ATTORNEY COOK: Alright.
CHIEF MOBLEY: I can't say I did and I can't
ATTORNEY COOK. Even if that conversation
CHIEF MOBLEY.- No sir. Not that i, so sir.
ATTORNEY COOK: She said say she came in
Captain.
CHIEF MOBLEY. No sir, I don't recall that.
ATTORNEY COOK: It didn't happen?
CHIEF MOBLEY. I don't recall that meeting.
ATTORNEY COOK: It didn't happen?
CHIEF MOBLEY. Not to my recollection, it nev
January 1,1 mean June 1 to find out what the sam h
at work, she's not there, she has not called, we
conversation I had with her on the phone was the 1;
down and had a talk with me I don't believe that I we
you know, have a meeting with her to find out what
already knew what was going on.
ATTORNEY COOK: So you fury expected her
23
being replaced.
book and the handbook that they can get from
Head and City Council's approval. And that's
I think you previously said that Officer Eide
Chief can I have an extension on my leave of
)r with the impression that you were going to
placed on the agenda again?
her an extension on it.
't recall any conversation about saying I know
me after that?
didn't. I do not recall it.
did she come in after May 26th?
the 27th I believe and talked to you and the
appened, because I had the Captain call her
as going on with her, she was suppose to be
1 know what's going on with Jo. The last
If I'd called, if she'd come in the 27th and sat
have called her June 1st and asked her what,
r going on, it just don't make good sense, if I
to work either on the 19th or the 27th?
CHIEF MOBLEY. I fully expected Jo to return to
on the 191h from her leave of absence.
I •
ATTORNEY COOK. Do you have to put her
on a schedule somewhere or call her?
24
CHIEF MOBLEY. No sir there is not a name over I
ere on the schedule, it's gone by shifts, she's
worked there long enough to know we do not have mes put on no schedule, its either shift A, B,
or C and she knows that and what days they have o nd she knows when you go off on a leave of
absence, when you go off on annual leave, funeral I e whatever leave you're granted I don't make
phone calls to people and say hay, you got to be ba to work tomorrow now. I don't do that
ATTORNEY COOK. They know they're suppose
CHIEF MOBLEY: They're suppose to be, they
day.
ATTORNEY COOK: And on the June 7th
said?
CHIEF MOBLEY. No sir.
ATTORNEY COOK. What did you tell her?
be.
that, they know that they are okay until that
did you flat out tell her she was fired like she
CHIEF MOBLEY: I told her that she left me no ci wice but to request that she be terminated and
that's when she said well I've never been terminated, ' e been in law enforcement for 18 years, I said
Jo it's no big thing, but I've got to have some relief fo hese boys out here and at no time did I let her
leave that office with, and tell her yes you're terminai e 1, 1 knew better than that.
ATTORNEY COOK: You told her you were
CHIEF MOBLEY. I recommended it to the
ATTORNEY COOK. Has your recommendation
CHIEF MOBLEY. No sir it has not.
ATTORNEY COOK: And just so there's no
you feel constitute neglect of duty?
CHIEF MOBLEY: She just failed to show up for
on the 26th, if I did in fact allow her a doctors appc
to the City. Council, he told me to come in after the
ATTORNEY COOK: That's all I have.
ATTORNEY JENSEN: Chief you said that she, Jo
that's what you how you work your workers shift rota
CHIEF MOBLEY: um'hum.
ATTORNEY JENSEN: Wasn't there somebody
CHIEF MOBLEY: Sure.
ATTORNEY JENSEN: How would she have
recommend
just like I said I did.
any since then?
among the Board what is it in her actions that
on the 19th, she failed to show up for work
,nt and come in after, in her own statement
she never showed up.
6
know what shift she was working because
her spot?
what position she was suppose to work?
CHIEF MOBLEY. Because that person would ha went right back to the shift they were on and
she would have taken her position back on her shift tt t she was on when she left She knows they're
assigned shifts, she knows they're assigned Sergean t ,the only time we take them off of those shifts
and reassign them a sergeant is when we do what call a shake up and we take every body and
shake them up and send different ones to different sh , when somebodies out we temporarily assign
� � r
them to somebody else's shift to make up the
Authur's shift to make up slack.
ATTORNEY JENSEN: Did you ever call Jo
CHIEF MOBLEY: Did 1, no ma'am.
ATTORNEY JENSEN. Did you direct anybody
CHIEF MOBLEY. Yes ma'am, I directed the
ATTORNEY JENSEN: On theist?
CHIEF MOBLEY. Yes ma'am.
25
that's why J.P. Ziegler was sent to Buddy
the 19th and the 1st?
to call her on the 1st.
ATTORNEY JENSEN: So that was the first contact that anybody tried to make with her after the
19th?
CHIEF MOBLEY. Sure.
ATTORNEY JENSEN: What was your position o the disability? You indicated that...
CHIEF MOBLEY. What disability? Whoa, whoa
heard of disability.
ATTORNEY JENSEN: Well you testified about
CHIEF MOBLEY. I did?
ATTORNEY JENSEN: You asked her to go on
CHIEF MOBLEY. Yes.
ATTORNEY JENSEN: Because you felt she
CHIEF MOBLEY. No ma'am I did not say that,
mistake because I've not seen a doctor, I'm not a
ATTORNEY JENSEN: I understand that.
CHIEF MOBLEY. okay. So.
ATTORNEY JENSEN: Well if you would just
CHIEF MOBLEY. okay.
ATTORNEY JENSEN: What did you say on
asked her to go on a leave of absence?
CHIEF MOBLEY.- There were several, on a leave
may go back to work with the limitations of not beh
higher, and that she would suffer from those sever I
getting pictures of just certain comments being made
Eide, on every occasion its dizzy spells, sever heads
many times and every conversation I've ever had with
told it to the City Council on June the 15th, I've got to
that doctors letter for her to go to work, her conversa
with it but she knew that she wasn't physically able i
what disability ma'am? That's the first I've
direct
of absence.
disability.
can get the tapes, if I said disability, it's my
Ir.
it for me then.
far as the leave of absence, why was it you
absence her doctor wrote a letter saying she
able to lilt 20 pounds over her shoulders or
!daches or headaches, you know this, you're
ere and there, every time I've talked to Officer
ies and strong medication, I don't know how
or, I've got to get off this medication, she even
t off this medication. Her not showing up and
7 out of her and she probably wouldn't agree
candle the road.
i
ATTORNEY JENSEN. But you don't consider
CHIEF MOBLEY. Ma'am I'm not in the position
wouldn't, no. She has a medical problem, that may
in here that you've got a copy of says that with then
June 7th, she was suppose to be going under sur,
having that surgery done unless I can find me a doc
some kind of, be paralyzed in any way.
ATTORNEY JENSEN: What was your position
that she couldn't well the limitation that she could
CHIEF MOBLEY. The limitations of 20 pounds o
a physical thing that you have to lift 20 pounds ove
shuffle out there that you're going to need to lift more
of her medical problems prompted me to ask her to
and she knew she needed it.
ATTORNEY JENSEN: And how long would
continue?
CHIEF MOBLEY: The leave of absence
could ask for it but I wouldn't.
ATTORNEY JENSEN: So you would have
CHIEF MOBLEY: Sure I have to I wouldn't have r
the City Council makes the final decision according
ATTORNEY JENSEN: So you wouldn't have
CHIEF MOBLEY. No, as another extension on
ATTORNEY JENSEN: Oh, but you would have
CHIEF MOBLEY.- To, back on the 19th? No I
on that.
ATTORNEY JENSEN: What direction was that?
CHIEF MOBLEY. May be another doctors opinio
she received up there I would probably get anothl
opinion that the City chose that we have the right to
ATTORNEY JENSEN: Alright, I don't have any
ATTORNEY COOK. I don't have anything furth
behalf of the City or anything. Your purpose here is i
head and then allow the employee or officer a full an
evidence she wants. You're, as a Board, you're, sin
you've heard to necessarily you are entitled to belie
not, you have to decide whether you want to uphold
you could recommend another discipline to the emp
tomorrow, whatever your recommendation is, it has t
decision, then the Officer or the Department Head a
your recommendation that's sent to the City Adminh
City Council so you just need to weigh and evs
recommendation you want to make to the Ms
recommendation in writing signed by the Chairman
want to call another meeting since we're finished pi
26
to be a disability? Not being physically able...
a doctor to say a disability, no, I wished you
a fact, but the letter that I have from a doctor
80% of the people recover, matter of cat on
y, and the comment was made, well I'm not
that will guarantee me 100% that I won't have
as those limitations that were placed on her
20 pounds over her head?
her head, I don't know of any requirement as
cur head, but there is times when your into a
120 pounds, that along with the conversations
a a leave of absence, that she agreed to take
recommended that the leave of absence
for 90 days, I wouldn't ask for no more. She
her to come back to work...
rmmended it probably to the City Council, but
the handbook.
90 days.
to accept her back at the job?
that they accept her to come back?
I would have probably went another direction
to her personal problems or her injuries that
or the City's protection, get another doctors
I would have probably went that route.
questions.
I'm not here to make a closing argument on
aceive the recommendation of the department
sir hearing to present her side and present any
to court you're free to consider the testimony
all or part of what somebody else has said or
r Chief's recommendation of termination as is,
De, you can recommend that she be reinstated
,e delivered to Officer Eide within 7 days of the
that time has a period which to disagree with
for and ultimately could end up in front of the
to what you've heard today, consider what
r and City Administrator and deliver that
Wn 7 days of today. Procedurally, unless you
sps you'll want to. ***Attorney Jensen says
*, • tr
something here, can't be understood*** yes, I unc
it as opposed to calling another meeting. So, Mrs.
proceed to your deliberations.
ATTORNEY JENSEN. Actually it's Ms. Eide
OFFICER EIDE: First of an, I'm an employee, and I
on. If Chief Mobley had told me to come back to wo
there. I've never been insubordinate, I've never beer
clean record. I'd like to think that I'm a professional.
not given me or if he'd told me or given me the impre
an extension on my leave of absence whether it was
me that, strong enough, that there was going to be
been here the next day. When a police officer is fired,
When their charged with neglect of duty, that holds ve
line is, if my supervisor had told me to be a work or
If he had told me to be at work on the 27th, I would h�
I'm not going to apologize for any this, I'm standing ux
terminated for a disability or a medical problem and i
up charges on me on neglect of duty to cover up thi
I have a health problem, a health problem that I'm b
ATTORNEY COOK: okay with that this will
END OF
27
that. You can just stay here and discuss
would like to speak and then you all can
to address you.
oked to my supervisors to tell me what's going
in full uniform, on the 19th I would have been
iwol in 18 years of law enforcement, I've got a
� do police work, I'm a police officer. Had he
Uon that there's no way that I was going to get
ter the 27th or whatever if he had indicated to
:)blems for me to be terminated I would have
at goes as black mark against there certificate.
strong on any future employment. The bottom
he 19th, I would have been there, regardless.
9 been there. Basically that's al! I have to say,
:)r my rights and I just cannot believe I'm being
it's what this is all about and they're trumping
Fact that they don't want me working because
ng to correct. Thank you very much.
the hearing.
Prepared by the City Clerk's office