DATE: October 18, 2023
Officer Tabak has been with the agency for 2 years 7 months.
It was alleged, on February 6, 2023, Officer Cuomo and Officer Emina Tabak investigated a juvenile trouble call for service that resulted in Ziare Morgan being taken into custody for Baker Act. Officer Tabak viewed Officer Cuomo's actions as inappropriate when trying to control Ziare, who was providing resistance. Officer Tabak did not stop Officer Cuomo or report this incident to a supervisor. The purpose of this investigation was to see if Officer Tabak violated policy by not intervening when Officer Cuomo was perceived to be using an inappropriate amount of force. The appropriate general order for the allegation is as follows:
Duty to Read (212.5) - Members shall read, understand, and comply with all rules and regulations, general orders, administrative orders, policies, and procedures of the agency, written and verbal orders of a superior. To this end, it shall be considered to be the members duty to inquire of a superior until the matter is resolved concerning any question as to the meaning or application of any law, rule or regulation, general or administrative order, policy or procedure, written or verbal order. (Level 2) – Exonerated. To wit:
Duty to Intervene (22.3(A) – When an on-duty officer witnesses another law enforcement officer (regardless of agency affiliation) utilizing excessive force, the officer shall immediately intervene when it is objectively reasonable to do so and attempt to prevent or stop the use of excessive force.
Based on the facts documented in the administrative investigation, the Discipline Review Board did not sustain the allegation against Officer Tabak.