Mike Boland Discipline Letter

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POLICE DEPARTMENT

CITY OF

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October 13, 2011

Sergeant Michael Boland Peoria Police Department Peoria, Illinois 61602 Re: Letter of Suspension, PS#11-19 Sergeant Michael Boland: This is to inform you Lieutenant Scott Cook conducted an internal investigation on a complaint filed by Pastor Richard Sommer and Pastor Samuel Duren regarding your conduct on June 24, 2011. The New Jerusalem Church has held a ministry mission on Friday nights in the 1800 block of Griswold for the last. several years. They have met with the Department to advise the officers that they conduct their mission from the parking lot of the Griswold Liquor store with the cooperation of the owners. An information bulletin was placed out in January of 2010 reminding officers that the Church would be continuing to conduct the mission and to encourage officers to offer support to their efforts and to monitor their welfare. The Pastors stated that they were conducting their usual mission in the Griswold Liquor Store parking lot when they were approached by you on June 24th and told to vacate the premises. The Pastor's stated that they tried to reason with you and inform you that they had permission from Chief Settingsgaard to be at that location conducting their mission. According to the Pastor's, you made a number of alarming comments such as "Look the Chief is not out here, he runs the Department and I run the streets and you can't be in front of Griswold Liquors." The Pastors complied with your demand that they leave the parking lot and re-Iocated down the street. The Pastors indicated that they were highly offended by your comments and felt they had been treated with a lack of respect. Your special report closely mirrors the statements of the Pastors. You admit to making comments about the Chef running the Department and you running the streets. You stated that you made the Pastors move because the lot is posted no loitering and there are frequent issuea on the lot with individuals loitering. You felt the individuals were in violation ofa city ordinance and state-law. You indicated that you felt that the Pastors were challenging your authority and attempting to threaten you by mentioning their relationship with the Chief.

600 SW Adams Peoria, Illinois 616021592 309/6734521

Sergeant Michael Boland October 13, 2011 PS#11-19 Page Two

It is reasonable to believe that you did not know about the ongoing relationship between the Police Department and the New Jerusalem Church Ministry due to your recent transfer to 3rd shift. It is also reasonable that you would stop to investigate people in a parking lot of a business who have issues with loitering. However it is apparent that you handled the incident poorly. You were informed by the ministers that there was a relationship with the Police Department and that they were conducting a ministry that was approved by the Chief of Police. You should have checked with the District cars to determine the validity of the Pastor's statements before forcing them to leave. You also did not go out on the air when you stopped to investigate the group. Had you went out on the air it is likely that a district car would have alerted you to the legitimacy of the group's presence. The Pastors you encountered are middle aged well spoken individuals who clearly would not appear to be up to nefarious activity while conducting a ministry. You read into their explanations a challenge to your authority and allowed your anger at the perceived insult to cloud your judgment to the point where you made no effort to confirm their story at the time of the incident. You responded to the perceived challenge with an ultimatum that forced the Pastors to move or face arrest. You made comments that the pastors perceived as insulting, disparaging and disrespectful about the Chief of Police. Captain Snow personally met with a group from the New Jerusalem Church including those filing the complaint the week following the incident. It was clear to her that they were highly offended and felt disrespected as well as betrayed by the Police Department due to this incident. You cite the letter of the law in justification for your actions in moving the Pastors but ignore the, Spirit of the Law along with your responsibility as a police supervisor to make an effort to confirm an individual's story. The words you chose during conversation with the Pastors were offensive to them and derogatory to the Chief of Police. You are receiving a two day suspension without pay for violation of General Order 100.06 VI (D) 4. 4. Insubordination: Officers shall promptly obey any lawful order of a supervisor. Ridiculing the authority of a supervisor by displaying obvious disrespect is deemed insubordination. . Any similar violations ira the future may result in further disciplinary action, including termination. This Jetter shall remain in your personnel file. During your suspension you shall not exercise any police powers or take any police action. Upon receipt of this notice you are to surrender immediately your department issued badges and identification cards, for the duration of the suspension. Your division commander will inform you of the dates of your suspension.

Sergeant Michael Boland October 13, 2011 PS#11-19 Page Three

Pursuant to Section 16.4 of the collective between the City of Peoria and the Peoria any disciplinary action by the police chief or the f evance is filed ithin fifteen days after
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bargaining agreement currently in force Police Benevolent Association, review of his designee shall be grievable, providing the employee is notified of the discipline.

Steven M. Settingsgaard Police Chief SMS:SMR/caw c Fire & Police Commission Director of Human Resources Labor Relations Manager Captain Lisa M. Snow Lieutenant D. Theobald PPBA Secretary Personnel File Professional Standards File

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Witness

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"';'~-' __ CITY OF

PEORIA
Date: 10/24/12

PEORIA

POLICE

DEPARTMENT

Sergeant Michael Boland Peoria Police Department Peoria, Illinois 61602 ~~ Re: Letter of Reprimand - Missed Court Date Sergeant Boland: On Monday, the 22nd of October, 2012, I received notification from Court Sergeant Robin Turner that you had failed to appear at a scheduled court date on Thursday, the is" of October at 1400 hours. This was a must-appear court date concerning a Class 4 Felony drug case on a Joseph Sieg, case #12-4127. Sergeant Turner was notified at 1420 hours that ASA Jeremy Beard had inquired as to whetheror-not you had arrived yet and that you were needed in Room 222. Sergeant Turner then attempted to call you at your listed number" arid, when he did not get an answer, he left a message. ASA Beard was notified and he said that he would try to have the Court wait as long as he could before your testimony was needed. There were several more attempts made to contact you at home (1435, 1450, 1520 and 1600 hours). All of these attempts were unsuccessful and a message was left each time. ASA Beard was left with no choice but to dismiss the case due to the unavailability of your testimony. Obviously, having to dismiss a criminal case due to the absence of a critical witness, who has been properly notified, is unacceptable. On Tuesday morning, the 23rd of October, I talked with you in reference to this incident. At this time you told me that you had overslept and did not hear the phone during any of the attempts to reach you. I then asked you to complete a Special Report on the incident which you did and was received by me on the morning of the 24th. In this report you again stated that you had overslept and that you did not wake up until about 1620 hours. You also stated that you had been aware of the mandatory court appearance and had even read a copy of the arrest report the night before. Based upon the facts, and from conversation with you, it is my decision to issue you this Letter of Reprimand. While I do not believe that this was a deliberate action on your part, and do not feel that it will be repeated, a Letter of Reprimand is the minimum amount of discipline called for in an instance like this in General Order 400.54, Court.
600 S. W. Adams Street Peoria,IL61602-1592 Phone 309.494.8300

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Specifically, this General Order states that "Any employee failing to appear in Court as scheduled for the first time within any consecutive twelve months, through carelessness or negligence, shall receive a written reprimand, copied to the personnel file. If the first occasion is through willfulness, the employee may be suspended for up to one day without pay. // Pursuant to Section 16.4 of the collective bargaining agreement currently in force between the City of Peoria and the Peoria police Benevolent Association, review of any disciplinary action by the Police Chief or his designee shall be grievable, providing the grievance is filed within fifteen days after the employee is notified of the discipline. This Letter of Reprimand will stay in your file for two years. Any further violations of this type may result in further disciplinary action being taken.

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Lieutenant Da:~Oger

DLRJdr c Human Resources Director Captain Jerry Mitchell Lieutenant David Roger Professional Standards Lieutenant PPBA Secretary Personnel File

Date

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