DATE: October 18, 2023
Involved Employee
Officer Cuomo has been with the agency for 2 years 7 months.
Allegation
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 Cuomo did not write a report to document a minimal amount of force used, disseminated body-worn camera footage related to the incident and discussed the incident with personnel outside this agency. The purpose of this investigation was to see if Officer Cuomo violated policy with his actions and lack of documentation. The appropriate general order for the allegation is as follows:
On/Off Duty Conduct – Morale/Efficiency – Image/Public Confidence (213.49) - No member shall engage in conduct on or off-duty which adversely affects the morale or efficiency of the agency; nor shall any member engage in conduct on or off-duty which has a tendency to destroy public respect for the member and/or the agency and/or destroy confidence in the operation of the municipal service or which tends to affect the members performance in the work setting whether or not such act is a criminal offense. (Level 5) – Sustained.
Paperwork Submission (212.60) - Members shall ensure that any official paperwork is complete, accurate, and consistent with the investigation. Paperwork is to be filed by the scheduled due date. This paperwork includes but is not limited to evaluations, reports, time sheets, etc. (Level 2) – Sustained.
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) – Sustained. To wit:
Body Worn Camera (447.9(K) - Members shall not make copies, distribute, or possess any B.W.C. recordings for unofficial or personal use, without prior approval from the Chief of Police, or designee. This includes any B.W.C. recordings taken by a secondary video camera system such as a privately owned cellular phone.
Disposition
Based on the facts documented in the administrative investigation, the Discipline Review Board sustained the allegations against Officer Cuomo.
Discipline/Corrective Action
Officer Cuomo resigned prior to discipline.