department of law - cleveland.commedia.cleveland.com/metro/other/barrow_ia-invest_2010.pdf ·...

City of Cleveland Department of Law

The reasons for the redactions in the records provided are as follows:

Social Security Numbers and/or Federal Identification Numbers have been redacted under State ex reI. Beacon Journal Publishing Co. v. Akron (1970), 70 Ohio St.3d 605.

The employee's house number and street name have been redacted under State ex reI. Dispatch Printing Co. v. Johnson (2005), 106 Ohio St.3d 160.

The employee's day and month of birth and personal telephone numbers have been redacted because they are not records under O.R.C. 149.011(G) and 149.43.

Information has been redacted per R.C. 4501.27(C) that provides the re-disclosure by authorized recipient of OBMV records is prohibited, except for limited purposes not applicable to the public record request.

The bank routing and account numbers have been redacted as this information does not fall within the definition of "record" as stated by ORC 149.011(G) because it does not serve to document the organization, functions, policies, decisions, procedures, operations or other activities of the City of Cleveland.

The account numbers have been redacted as this information does not fall within the definition of "record" as stated by ORC 149.011(G) because it does not serve to document the organization, functions, policies, decisions, procedures, operations or other activities of the City of Cleveland.

Confidential law enforcement investigatory information has been redacted/removed based on State ex reI. Musial v. City of N. Olmsted, 106 Ohio St.3d 459, 463, 2005 Ohio 5521; State ex reI. Outlet Communications v. Lancaster Police Dept., 38 Ohio St.3d 324, 328 (1988); State ex reI. Master v. City of Cleveland, 76 Ohio St.3d 340, 343, 1996 Ohio 300 (1996); State ex reI. Yant v. Conrad, 74 Ohio St.3d 681, 682, 1996 Ohio 234 (1996); State ex reI. Toledo Blade Co. v. Telb, No. 90-0324, 50 Ohio Mise. 2d 1, 9 (C.P. Lucas Cty. Feb. 8, 1990); State ex reI. Toledo Blade Co. v. Telb, No. 90-0324, 50 Ohio Mise. 2d 1,16; State ex reI. Toledo Blade Co. v. Telb, No. 90-0324, 50 Ohio Misc. 2d 1, 5; State ex reI. Beacon Journal Publ'g Co. v. Kent State Univ., 68 Ohio St.3d 40, 44, 1993 Ohio 146 (1993); State ex reI. Broom v. Cleveland, No. 59571, 1992 Ohio App. LEXIS 4548, *39-40 (8th Dist. August 27, 1992); State ex reI. WLWT-7VS v. Leis, 77 Ohio St.3d 357, 1997 Ohio 273 (1997); State ex reI. Cleveland Police Patrolmen's Assn v. City of Cleveland, 122 Ohio App. 3d 696, 699 (8th Dist. 1997); R.C. 149.43(A)(2)(d), See, State ex reI. Martin v. City of Cleveland, 67 Ohio St.3d 155, 156, 1993 Ohio 192 (1993).

Cleveland Division of Police Internal Affairs Unit

Investigative Report

File: 2010-061

Examined By:

From: Sergeant Charles L. DePenti #9963

Subject: "~'ifjlfiJl'Atl'flil'.1 Sir,

Date: November 23,2010

Date: ----------------------To: Lieutenant Daniel Bernath

On Wednesday, June 23,2010, I was assigned IAU Case #2010-061. The following are the results ofthe administrative investigation.

Involved Officers: Detective George Redding #2327 Appointment Date: 8/30/1999 Incident Assignment: District 3, Vice

Detective John Foster #1863 Appointment Date: 113/1994 Incident Assignment: District 3, Vice

Detective Anthony Spencer #936 Appointment Date: 9/28/1998 Incident Assignment: District 3, Vice

Lieutenant Jerome Barrow #8467 Appointment Date: 10/29/1979 Incident Assignment: OI C, District 3 Vice

Complainant: Jonathan Sledge (BIMI29) SSN. ·1 DOB: 6/2/1981 Address: 1490 East 193rd Street #627, Euclid, Ohio 44117 Telephone: 216-326-3494

Synopsis: On 10/20/2009,2/4/2010 and 2/5/2010 Detective George Redding #2327 used Jonathan Sledge's identity to rent vehicles from the .... t:brough a Cleveland Police Covert program. Payment for the rentals was to be made in accordance with the Narcotics Rental Car Policy, a policy enacted where the Cleveland Division of Police could rent vehicles from to augment undercover car shortages.

On February 6, 2010, at 2058 hours, a vehicle Detective Redding rented for the Cleveland Division of Police using Jonathan Sledge's identity was cited for the photo infraction "Fixed Pole Speed" - ticket

IAU Case #2010-061 Administrative Report Page I ofll pages



#F003572388. This created a $100 fme to _ whose records indicated that Jonathan Sledge rented the vehicle. It eventually became apparent that Sledge did not rent the vehicle, because it was rented under the with the Cleveland Division of Police.

By the time . had learned what had occurred, the fine had increased to $122 and could still rise if further delinquent. On May 10, 2010, paid'the fine - Reference #28529454, and then sought remuneration from the Cleveland Division of Police. It was at this time that the Cleveland Division of Police learned that the car was rented under a false identity. On June 1, 2010, a Cashier's Check was issued to for $122, as reimbursement fur the fine. This check is still outstanding and is now void due to time limitations on the check.

Interviewed: 6/30/2010: Jonathan Sledge via landline (216-326-3494) 7/2/2010 7/23/2010: Sergeant John Sotomayor #9846, Narcotics Unit 8/19/2010: Cleveland Police Patrolmen's Association Counsel Pat D'Angelo 8/20/2010: 8/2612010: . 912412010: Megan (Cleveland Police Credit Union) via landline (216-861-3535) 9127/2010: Paul Reynolds via landline (216-651-6901) 9/2712010: Branden Bryson (9808 Pratt Avenue, Cleveland, Ohio 44105)

Written Statements: 5/1012010: Mr. Jonathan Sledge, Letter 8116/2010: Patrol Officer Aaron Pettit #101, Type Orders 8/2112010: Lieutenant Jerome Barrow #8467, Type Orders 8/26/2010: Patrol Officer Kenneth Allen #2449, Type Orders 9/1812010: Patrol Officer Mister Jackson #874, Type Orders 9/2112010: Lieutenant Jerome Barrow #8467, Type Orders 1113/2010: Chief City Prosecutor Victor Perez, Felony-Review Form 11119/2010: Detective George Redding #2327, Garrity 11119/201 0: Detective Anthony Spencer #936, Garrity

Pertinent Portions ofInterviews and Written Statements: On Monday, May 10, 2010, Mr. Jonathan Sledge wrote a letter regarding the misuse of his identity, causing a "camera ticket" to be issued to him, and the impounding of one of his vehiCles.

On Wednesday, June 30, 2010, I interviewed Mr. Jonathan Sledge via landline (216-326-3494) and learned that to the best of his knowledge, he has had no interaction with Detective George Redding #2327. He further stated that he has not given anyone permission to use his identity and that he is not aware of any criminal activities regarding his identity beyond the scope ofthis investigation.

IAU Case #2010-061 Administrative Report Page 2 of 11 pages



On Friday, July 2, 2010, I interviewed. He stated that

driver's license. will not rent a vehicle unless the renter presents a

On Friday, July 23, 2010, I interviewed Narcotics Unit Sergeant John Sotomayor #9846 regarding the covert rental car program. Sergeant Sotomayor provided me with a cursory explanation of the covert rental car program and a copy of the City's contract with and the Narcotics Unit Rental Car Policy.

On Monday, August 16, 2010, Patrol Officer Aaron Petitt #101 responded to Type Orders regarding his possession of Jonathan Sledge's identification card (RMS #2009-335784). Officer Petitt's response included the following:

While assigned to Zone Car 4D23, I had the occasion to arrest Jonathan Sledge for V.S.D.L., Resisting Arrest and Obstruction ... I somewhat recall the arrest in question 10 months ago. I recall the male reaching several times into the center consul area, him pushing off of me and fleeing, and him forcing me to use my Taser for my own safety when he repeatedly reached for his waistband in what I believe was an attempt to retrieve a weapon. I regret to inform you however that I do not recall the specifics of the situation as it was not a significant event when compared to his resisting, which ultimately led to a use of non-deadly force. I have no recollection of keeping the male's ID on my person, and he was no longer in my presence after the scene was secured as he was transported by a two man car to CPU where he was booked and housed not in my presence.

At no time do I believe that I would have kept the male's ID on my person for any reason and not given it back to him and wish that I could be of more assistance in helping him recover his lost ID.

On Thursday, August 19, 2010, Cleveland Police Patrolmen's Association Counsel Pat D'Angelo stated on behalf of Detective George Redding #2327 he would not be making a Miranda statement.

On Friday, August 20, 2010, while accompanied by Sergeant Rybarczyk, I interviewed at

aetailed paperwork regarding rentals made by District 3 Vice. provided

On Saturday, August 21, 2010, District 3 Vice Lieutenant Jerome Barrow responded to Type Orders. His response revealed that Detective George Redding #2327 rented vehicles using Jonathan Sledge's identification. He further stated that Detective Redding used the identification card to remain covert, and that Detective Redding got the card from the unclaimed identification cards at the district. Detective Redding still has Sledge'S identification card, pending this investigation.

On Thursday, August 26, 2010, I interviewed and. _ They provided detailed data

regarding the covert rentals made the Cleveland Division of Police Narcotics and Vice Units.

IAU Case #2010-061 Administrative Report Page 3 of II pages



On Thursday, August 26, 2010, Patrol Officer Kenneth Allen #2449 responded to TyPe Orders regarding the conveying of Jonathan Sledge in connection with Sledge's arrest by Patrol Officer Pettit. Patrol Officer Allen stated that he has no recollection of what became of Mr. Sledge's identification card. He further stated that he was the driver on the date in question and his partner (Patrol Officer Mister Jackson #874) took care of all the paperwork. Additionally, he does not know if they were ever in possession of Mr. Sledge's identification card.

On Saturday, September 18, 2010, Patrol Officer Mister Jackson #874 responded to Type Orders regarding the conveying of Jonathan Sledge in connection with Sledge's arrest by Patrol Officer Pettit. Upon reviewing the documents involving that incident, he has no recollection of the incident, and specifically he does not have any recollection regarding Mr. Sledge's identification.

On Tuesday, September 21,2010, District 3 Lieutenant Jerome Barrow responded to Type Orders. His response revealed that Detectives George Redding #2327, John Foster #1863 and Anthony Spencer #936 rented vehicles using other people's identification, specifically Jonathan Sledge, Paul Reynolds and Branden Bryson's. He further stated that the detectives used the identification cards to remain covert, and that the detectives got the cards from the unclaimed identification cards at the district. Paul Reyno Ids and Branden Bryson's identification cards were returned to the unclaimed identification cards at the district.

On Friday, September 24,2010, I interviewed Megan of the Cleveland Police Credit Union. She stated that the Cashier's Check (092005411100421 35220926) payable to the order of had not been cashed.

On Monday, September 27,2010, I interviewed Paul Reynolds via landline (216-651-6901). He stated that he has not given anyone permission to use his identity and that he is not aware of any criminal activities regarding his identity beyond the scope of this investigation.

On Monday, September 27,2010, I interviewed Branden Bryson at 9808 Pratt Avenue. He stated that he has not given anyone permission to use his identity and that he is not aware of any criminal activities regarding his identity beyond the scope of this investigation.

On Wednesday, November 3, 2010, Chief City Prosecutor Victor Perez ruled on the criminality of the incident. He ruled No Papers Issued due to insufficient evidence.

On Friday, November 19, 2010, while accompanied by Sergeant Michael Rybarczyk #9911, I took a written Garrity statement from Detective George Redding #2327. His statement included the following:

(What form of instruction did you receive regarding the rental of vehicles from , as part of the covert rental program?) I was just instructed to rent the cars. I

was given a credit card with a front company name of ' to use when renting vehicles from We would have to rent these vehicles while we were off-duty, because my city start time was 1900 hours and would close at 1700 hours.

lAD Case #2010-061 Administrative Report Page 4 of 11 pages



(Who gave you those instructions?) Lieutenant Barrow.

•

(Why did you use Jonathan Sledge's driver's license to rent vehicles for the covert rental program?) To maintain the covertness of my identification - to protect my tt;ue identity as a police officer.

(Did you get permission from Jonathan Sledge to use his driver's license to rent these vehicles?) No.

(How did you obtain Jonathan Sledge'S driver's license?) Through the lost and found at the front desk at the Third District.

On Friday, November 19, 2010, while accompanied by Sergeant Michael Rybarczyk #9911, I took a written Garrity statement from Detective Anthony Spencer #936. His statement included the following:

(What form of instruction did you receive regarding the rentalofvehicles from , as part of the covert rental program?) There was nothing formal or in writing.

We were prepped that the program would be open to us. There would be one person who worked at the rental car place who would know who we were. We were told that we were to rent vehicles from from the office located

We were asked by Lieutenant Barrow from where we would like to rent the cars, and that was the office we selected. I do recalU that we were part of a "front" construction company. We did use some type of credit; card to pay. Lieutenant Barrow gave us our instructions regarding the rentals. '

(Why did you use Branden Bryson's driver's license to rent vehicles for the covert rental program?) Just to have an ID in my hand. I did not trust the employees of

to know my actual personal information while I was renting a vehicle for covert operations. When I am undercover I don't want anyone to know who I am.

lAU Case #2010-061 Administrative Report Page 5 of 11 pages



(Did you get permission from Branden Bryson to use his driver's license to rent these vehicles?) No.

(How did you obtain Branden Bryson's driver's license?) There are always ID cards in the downstairs office - lost IDs, etc. I just went down there and picked one.

Detective John Foster #1863 has been on sick leave since June 7, 2010, and wa~ not scheduled for a Garrity statement.

Investigation Reveals: The Cleveland Division of Police has a Covert Rental Car policy through This program is to augment Cleveland Division of Police undercover vehicles. These vehicles will be ""l()Vf~ as surveillance cars and cannot m or be used

City 0 f Cleveland shall pay for completing all agreement an amount not to exceed $45,000.

Initially, the Covert Rental Car program was used only by the Cleveland Division of Police Narcotics Unit. Prior to enactment of the covert rental car policy at the District level, Narcotics Unit Sergeant John Sotomayor forwarded documents regarding the rental agreement and procedures, including the Narcotics Rental Car Policy. While this policy covers many facets of the procedures regarding the rental vehicles, it does not address the actual of the nor the of driver's license. This last




On Saturday, February 6, 2010, the Daily Duty Assignment with the Daily Duty Report for unit 3V82 reveals that Detective David Sims #1577 was operating the Chevy HHR rented under the name of Jonathan Sledge when that vehicle was issued "Camera" Ticket F003572388 for travelling 47 mph in a 35 mph zone. tracked this ticket to the renter of record for that time, Jonathan Sledge, and the ticket was subsequently issued to Jonathan Sledge. On April 22, 2010, Jonathan Sledge's 1994 Chrysler Concorde bearing ETH8565 was Process Towed as a Criminal Tool (VIU #2010-06875) in connection with a Violation of State Drug Law arrest. Mr. Sledge was unable to get the vehicle out of impound due to the outstanding "Camera" ticket. The Cleveland Division of Police Impound Unit had the vehicle scrapped on July 16, 2010 .

. investigated the matter as it regarded to Jonathan Sledge llllegedly renting the ticketed vehicle and discovered that the vehicle had been rented through an undercover company associated with the Cleveland Division of Police. On May 10, 2010,

the $122 fine (Reference #28529454) and notified the Cleveland Division of Police. On June I, 2010, the District 3 Vice Unit deposited funds for a Cashier's Check (092005411100421 35220926) for in the amount of$122. Per Megan of the Cleveland Police Credit Union, this check was still outstanding as of September 24, 2010. The check is now void because it was not presented within 60 days ofJune 1, 2010.

Further investigation has revealed that on October 18, 2009, Jonathan Sledge was arrested by Patrol Officer Aaron Petitt #101 (RMS #2009-00335784) for Possession of Drugs, Resisting Arrest and Obstructing Official Business. During the course of this arrest, Patrol Officer Pettit states, "He gave me his identification, which I returned to my vehicle and checked on my MDT." While attempting to take Sledge into custody, Sledge resisted arrest and Patrol Officer Petitt was required to u~e Non-Deadly Force to affect the arrest. The Property Book maintained by the Central Prison Unit for this arrest indicates the following property for Sledge during his booking (Bag #49548): "$15.00 laces li!lhter belt ring lottery ticket." In response to the ID apparently becoming missing while in Patrol Offict1r Petitt's possession, Officer Petitt vaguely recalled the event after reviewing the RMS report. He remembered arresting Sledge for VSDL, Resisting Arrest and Obstruction; he also remembered Sledge reaching into his waistband, and the need to use Non-Deadly Force (Taser) to take him into custody. He does not recall keeping the identification card, and knows of no reason why he would have kept it. . Officer Petitt further stated that he was not present when the two-man car (4A38) conveyed Sledge to the Central Prison Unit for booking. Patrol Officers Kenneth Allen #2449 and Mister Jackson #874 of Zop.e Car 4A38 had no recollection of this incident and have no knowledge of the whereabouts of Jonathan Sledge'S driver's license. .

IAU Case #20 I 0-061 Administrative Report Page 7 of II pages



Per the written Garrity statements of both Detective George Redding and Anthony Spencer, they used the others' driver's licenses to protect their connection with ",()E~il1:IL

Conclusion: Examination of all reports and facts herein coincide with the facts determined by this investigation.

IAU Case #2010-061 Administrative Report Page 8 of 11 p&ges


Investil!ative Report

On August 19, 2010, WOIO - Channel 19 news reporter Ed Gallek ran a story regarding the misuse of Jonathan Sledge's driver's license for the rental of a covert car.

Recommendation: I recommend Administrative Charges be preferred against Lieutenant Jerome Barrow #8467 and Detectives George Redding #2327, John Foster #1863 and Anthony Spencer #936 regarding the breaches of conduct as delineated in the Rules of The Civil Service Commission and Cleveland Division of Police General Police Orders and Manual of Rules and Regulations for the Conduct and Discipline of ()fficers and Employees.

Manual of Rules and Regulations for the Conduct and Discipline of Officers and Employees:

I. SWORN POLICE RANKS

Rule 1.05 Lieutenant of Police

Lieutenants shall be assigned as officers in charge of sectors, sections, or units within the Division of Police or such other supervisory duties as the Chief of Police may designate.

They shall be responsible for the discipline of each subordinate under their command and shall make frequent inspections 0 f subordinates in regards to their appearance, conduct and performance in handling complaints and police duties, as well as inspecting equipment and vehicles assigned to their use.

They shall thoroughly familiarize themselves with all applicable federal statutes, state laws, municipal ordinances, rules, regulations, general police orders, divisional notices and memorandums of the Division, and be responsible for their strict observance and enforcement, causing full compliance by subordinates.

Rule 1.07 Patrol Officer

Patrol officers shall be held responsible for the good order of their assiinment and shall be prepared at all times to inform their superior officers of the conditions of their post, beat, or zone.

They shall be under the immediate supervision of the head of the administrative unit to which assigned. They shall perform such duties and work such hours as design~ted by their superior officer. They shall cooperate with all other personnel in the performance of police duties.

They shall acquire a thorough knowledge of the criminal laws and the rules of evidence so that they may carry out their duties in an efficient manner.




II. ADMINISTRATIVE COMPLIANCE

Rule 2.01: Personnel shall not violate any law of the United States, the State of Ohio, Charter provision or ordinance of the City of Cleveland, or neglect to perfonn any duty required by law, nor shall they engage in any conduct that would constitute a crime under the laws of the United States, the State of Ohio, or the Charter provisions or ordinances of the City of Cleveland.

Rule 2.02: Personnel shall not willfully disobey any rules, regnlations, General Police Orders and directives pertaining to their duties, and shall be held accountable for any action contrary to these instructions.

Rule 2.03: Personnel shall perform all duties required by rules, regnlations, general police orders, directives, or orders of the Division of Police.

Rule 2.04: Personnel shall study all rules, regnlations, general police orders and directives pertaining to their duties, and shall be held accountable for any action contrary to these instructions.

Rule 2.13: The following are additional grounds for disciplining personne~ including removal, in addition to the grounds stated in Civil Service Commission Rule 9.10:

a. Incompetence b. Gross neglect of duty c. Gross innnorality d. Habitual drunkenness e. Failure to obey orders given by proper authority £ Any other reasonable and just cause

IV. DUTY

Rule 4.12: Personnel shall be considered to be on duty at all times for purposes of discipline.

V. BEHAVIOR

Rule 5.01: Personnel shall not engage in any conduct, speech or acts while ,on duty, or off duty, which would reasonably tend to diminish the esteem ofthe Division of Police or its personnel in the eyes of the public.

Rule 5.08: Personnel shall conduct themselves in such a manner as to command the respect of the public.

lAU Case #2010-061 Administrative Report Page 10 ofll pages



Cleveland Division of Police's General Police Orders:

GPO 1.1.01: Mission Statement (in pertinent part) Policy: Members of the Division of Police shall carry out their mission in accordance with the strictest ethical guidelines. Division members shall conduct themselves in a manner that fosters public confidence in the integrity of Cleveland's govermnent, its processes, and its accomplishments. Members of the Division of Police shall be guided by the values expressed in the City 0 f Cleveland Mission Statement, the City of Cleveland Ethics Po licy, and the Division 0 f Police Manual of Rules and Regulations.

GPO 1.1.02: Values Mission Statement (in pertinent part) Integrity: We hold ourselves accountable to the highest standards of moral and ethical conduct, we maintain public trust by being honest, competent and consistent with our values and actions.

GPO 1.1.03: Standards of Conduct and Courtesy (in pertinent part) I. Not engage in any conduct, speech or acts while on or off duty, which would reasonably

tend to diminish the esteem of the Division of Police or its personnel in the eyes of the public (Rule 5.01).

III. Conduct themselves in such a manner as to command the respect of the public (Rule 5.08).

Rules of The Civil Service Commission:

Rule 9.10 Tenure (in pertinent part) But any officer or employee in the classified service may be discharged, suspended, or reduced in rank for anyone or more of the following causes:

1. Neglect of Duty 3. Incompetence or inefficiency in performance of duties. 7. Disorderly, immoral, or unethical conduct while on duty. 18. For other failure of good behavior which is detrimental to the service, or for any

other act of misfeasance, malfeasance, or nonfeasance in office.

Respectfully,

Sergeant Charles L. DePenti #9963

lAU Case #2010·061 Administrative Report Page 11 of 11 pages

January 25,2011

Lieutenant Jerome Barrow#8467

Cleveland, Ohio 44105

Dear Lieutenant Barrow #8467:

Please be advised, in accordance with Article IV § (0) of the collective bargaining agreement between the City of Cleveland and the Fraternal Order of Police, Lodge #8, a pre-disciplinary conference has been scheduled to determine whether you violated the following rules of the Manual of Rules, Department of Public Safety, and the rules of the Civil Service Commission of the City of Cleveland.

STATEMENT OF POLICY

In part:

The Manual of Rules and Regulations sets forth the conduct and behavior to be followed by officers and employees. Any violation of these rules and regulations shall be a basis for disciplinary action. Disciplinary action includes, but is not limited to, verbal and written reprimands and the preferring of divisional charges which can result in suspension, loss of pay, demotion or termination. The rules, regulations, and standards contained in this manual shall apply whether the officer or employee is on or off duty. Where a conflict exists between a Rule and Regulation and a General Police Order, the Rule or Regulation provision shall be adhered to.


Rule 1.05: Lieutenant of Police


They shall be responsible for the discipline of each subordinate under their command and shall make frequent inspections of subordinates in regards to their appearance, conduct and performance in handling complaints and police duties, as well as inspecting equipment and vehicles assigned to their use.

Lieuteuant Jerome Barrow #8467 January 25, 2011 Page 2 of9


Specification #1: On Wednesday, October 20, 2009, you (Lieutenant Jerome Barrow #8467) allowed members under your command to represent another person's personal identifying information as the member's own personal identifying information when they rented a vehicle from the

under the Cleveland Police covert program.

Specification #2: On Thursday, February 4, 2010, you (Lieutenant Jerome Barrow #8467) allowed members under your command to represent another person's personal identifying information as the member's own personal identifying information when they rented a vehicle from the


Specification #3: On Friday, February 5, 2010, you (Lieutenant Jerome Barrow #8467) allowed members under your command to represent another person's personal identifying information as the member's own personal identifying information when they rented a vehicle from the


All in violation of the rules, regulations and procedures of the Division of Police, Department of Public Safety.

General Police Order 1.1.01 City of Cleveland Mission Statement and Ethics Policy

PURPOSE: To establish a Mission Statement that provides vision, purpose and direction for the Division of Police and to establish an ethics policy to guide the actions of all its members.

POLICY: Members of the Division of Police shall carry out their Ill1SSlOn in accordance with the strictest ethical guidelines. Division members shall conduct themselves in a manner that fosters public confidence in the integrity of Cleveland's govemment, its processes, and its accomplishments. Members of the Division of Police shall be guided by the values expressed in the City of Cleveland Mission Statement, the City of Cleveland Ethics Policy, and the Division of Police Manual of Rules and Regulations.

Lieutenant Jerome Barrow #8467 January 25, 2011 Page 3 of9

City of Cleveland Mission Statement

We are committed to improving the qnality of life in the City of Cleveland by strengthening our neighborhoods, delivering superior services, embracing the diversity of our citizens and making Cleveland a desirable, safe city in which to live, work, raise a family, shop, study, play and grow old.

DEFINITIONS:

Anything of value - includes anything of monetary value, including, but not limited to, money, gifts, food or beverages, social event tickets and expenses, travel expenses, golf outings, consulting fees, compensation, or employment. "Value" means worth greater than de minimis or nominal.

Anyone doing business with the City - includes, but is not limited to, any person, corporation, or other party that is doing or seeking to do business with, regulated by, or has interests before the City.

PROCEDURES:

I. Division members must, at all times, abide by protections to the public embodied in Ohio's ethics laws, as found in Chapters 102 and 2921 of the Ohio Revised Code (ORC), and as interpreted by the Ohio Ethics Commission and Ohio courts. Members shall conduct themselves, at all times, in a manner that avoids favoritism, bias, and the appearance of impropriety.

II. A general summary of the restraints upon the conduct of all Division members includes, but is not limited to, those listed below. No member shall:

A. Solicit or accept anything of value from anyone doing business with the City.

B. Solicit or accept employment from anyone doing business with the City, unless the member completely withdraws from the City's activity regarding the party offering employment, and the member's appointing authority approves the withdrawal.

c. Use his or her public position to obtain benefits for the member, a family member, or anyone with whom the member has a business or employment relationship.


D. Be paid or accept any form of compensation for personal services rendered on a matter before any board, commission, or other body of the City, unless the member qualifies for the exception, and files the statement, described in ORC 102.04(D).

E. Hold or benefit from a contract with, authorized by, or approved by, the City, (the Ethics Law does except some limited stockholdings, and some contracts objectively shown as the lowest cost services, where all criteria under ORC 2921.42 are met.

F. Vote, authorize, reco=end, or in any other way use his or her position to secure approval of a City contract (including employment or personal services) in which the member, a family member, or anyone with whom the member has a business or emplo]P1ent relationship, has an interest.

G. Solicit or accept honoraria (see ORC 102.01(H) and 102.03(H».

H. During public service, and for one year after leaving public service, represent any person, in any fashion, before any public agency, with respect to a matter in which the member personallyparticipated while serving with the City

1. Use or disclose confidential information protected by law, unless appropriately authorized.

J. Use, or authorize the use of, his or her title, the name "City of Cleveland," or the City's logo in a manner that suggests impropriety, favoritism, or bias by the City or the official or emplo)ee.

III. Members of the Division shall also be guided by the Cleveland Division of Police Manual of Rules and Regulations, Section III Ethics, to wit:

A. Rule 3.07 Personnel shall not use their position, badge or credentials for personal gain.

B. Rule 3.08 Personnel shall not solicit or accept from any person, business or organization any compensation, gift or other thing of value for personal benefit or to influence performance or nonperformance of an official duty, act or service.

Lieutenant Jerome Barrow #8467 January 25, 2011 Page 50f9

General Police Order 1.1.02: Values Mission Statement

PURPOSE: To establish a Values Mission Statement for the Division of Police that provides vision, purpose and direction for the members of the Division.

POLICY: Members of the Division of Police shall not only be guided by the City Mission Statement, but by the values that the members of the Division shall live by.

Values Mission Statement ofthe Cleveland Division of Police

The Mission of the members of the Cleveland Division of Police is to enhance the quality of life, strengthen our neighborhoods and deliver superior services with professionalism, respect, integrity, dedication and excellence by working in partnership with our neighborhoods and community.

Professionalism We take pride in ourselves, our profession and our community. We will be role models for our community by enthusiastically excelling in quality performance.

Respect

Integrity

Dedication

Excellence

We will treat all people with dignity, compassion, courtesy and without prejudice. We will protect the constitutional and civil rights of everyone through impartial enforcement of the law.

We hold ourselves accountable to the highest standards of moral and ethical conduct, we maintain public trust by being honest, competent and consistent with our values and actions.

We dedicate ourselves to improving the quality of life by developing a partnership with the community and being committed to protecting life and property, thus reducing fear which leads to a safer community for all.

We hold ourselves to the highest standards oflawenforcement. We will continuously improve the quality of service to the community through education, training and development.

General Police Order 1.1.03; Standards of Conduct and Courtesy

PURPOSE: To establish professional standards of conduct and courtesy for members of the Cleveland Division of Police who represent the Division in dealing with the general public.


POLICY: Division members shall be resourceful and polite when dealing with the general public. This includes but is not limited to personal, physical and telephone contact.

PROCEDURES: Division of Police personnel shall:

I. Not engage in any conduct, speech or acts while on or off duty, which would reasonably tend to diminish the esteem of the Division of Police or its personnel in the eyes of the public (Rule 5.01).

II. Not engage publicly in any disparaging conversation detrimental to the Division of Police or its personnel, or representing policy as other than as stated in the rules, general police orders, divisional notices and memorandums (Rule 5.02).


MANUAL OF RULES AND REGULATIONS FOR THE CONDUCT AND DISCIPLINE OF OFFICERS AND EMPLOYEES


Rule 2.02: Personnel shall not willfully disobey any rules, regulations, general police orders or directives of the Division of Police, or any lawful orders, written or oral, issued to them by a superior officer of the Division of Police.

Specification:

Rule 2.03:

Specification:

Rule 2.04:

Specification:

Rule 2.13:

As enumerated in specification for violation of Rule 1.06.

Personnel shall perform all duties required by rules, regulations, general police orders, directives, or orders of the Division of Police.


Personnel shall study all rules, regulations, general police orders and directives pertaining to their duties, and shall be held accountable for any action contrary to these instructions.


The following are additional grounds for disciplining personnel, including removal, in addition to the grounds stated in Civil Service Commission Rule 9.10:


a. Incompetence b. Gross neglect of duty f. Any other reasonable and just cause

Specification: As enumerated in specification for violation of Rule 1.06.

IV. DUTY

RnIe 4.03: Personnel shall give full attention to the performance of their duties.

Specification:

Rule 4.12:

Specification:


Personnel shall be considered to be on duty at all times for purposes of discipline.


V. BEHAVIOR

Rule 5.01: Personnel shall not engage in any conduct, speech or acts while on duty, or off duty, which would reasonably tend to diminish the esteem of the Division of Police or its personnel in the eyes of the public.

Specification:

RnIe 5.08:

Specification:


Personnel shall conduct themselves in such a manner as to command the respect of the pUblic.


CIVIL SERVICE CavIMISSION 9.10:

TENURE: The tenure of every officer or employee in the classified service shall be during good behavior and efficient service. No such officer or employee shall be discharged, suspended, or demoted fir political, racial or religious reasons, or for refusing to contribute to any political fund, or refusal to render political service.

But any officer or employee in the classified service may be discharged, suspended, or reduced in rank for anyone or more of the following causes:

Lieutenant Jerome Barrow #8467 January 25,2011 Page 8 of9

1. Neglect of duty. 3. Incompetency or inefficiency in performance of duties. 7. Disorderly, immoral, or unethical conduct while on duty. 18. For other failure of good behavior, which is detrimental to the

service, or for any other act of misfeasance, malfeasance or nonfeasance in office.

Specification: As enumerated in specification for violation of Rule 1.06.

The pre-disciplinary conference is scheduled for Wednesday, February 2, 2011 at 1100 hours in the office of the Chief of Police. Should you desire union representation, it is your responsibility to notify your union of this conference. All testimony provided during the hearing shall be given the same weight as sworn testimony; therefore, your statements can and may be used against you at the hearing or at a later date.

Any documentation that could explain any of the above allegations shall be forwarded to the Case Preparation Office a minimum of 48 hours prior to the scheduled hearing. In addition, it is also your responsibility to bring the documentation to this scheduled hearing

If you are to have witnesses appear on your behalf, a written list must be provided to the Case Preparation Office on line 623-5022 or fax to 623-5584 a minimum of 48 hours prior to the scheduled hearing. It is your responsibility to notify said witnesses of the date and time of the hearing. In addition, it is your sole responsibility to ensure the attendance of any witnesses appearing on your behalf. No overtime shall accrue as a result of their attendance. If the witnesses are Divisional members and scheduled to work during the hearing, prior permission for their attendance MUST be obtained from their appropriate Command Officer.

In accordance with General Police Order 1.1.12: Uniform Regulation, you are to appear in the full uniform of the day and have your badge, city issued service weapon and identification card with you. Any witnesses that may appear are to also be in the full uniform of the day. Your attendance at this hearing is NOT CONSIDERED YOUR TOUR OF DUTY as you will be reporting to your scheduled work assignment.


THESE CHARGES MAY BE AMENDED AT A LATER DATE

MM:kec:dmc

Sincerely,

Michael McGrath Chief of Police

cc: Briao Betley, Acting President, Fraternal Order afPotice Lodge #8

CLEVELAND DIVISION OF POLICE

DIST'/BUR.

EXAMINED BY

CLEVELAND, OHIO DIVISIONAL INFORMATION

ZONE/UNIT Internal Affairs Unit

_________ RANK

November 24 20 10

20

FROM Sergeant Charles L. DePenti #9963 TO Daniel Bernath, Lieutenant

SUBJECT Request Departmental Charges to be preferred against Lieutenant Jerome Barrow #8467

COPIES TO Chief s Office, Internal Affairs Unit files Page 1 of 5 Pages

Sir:

Upon completion of my investigation of Internal Affairs Unit Case #2010-061, I have concluded that Lieutenant Jerome Barrow #8467 violated Rules of The Civil Service Commission, Cleveland Division of Police General Police Orders and Manual of Rules and Regulations for the Conduct and Discipline of Officers and Employees.

I respectfully request charges be preferred against Lieutenant Jerome Barrow #8467 for violations of the below listed violations of the Manual of Rules and Regulations for the Conduct and Discipline of Officers and Employees 2000.




They shall be responsible for the discipline of each subordinate under their command and shall make frequent inspections of subordinates in regards to their appearance, conduct and perfonnance in handling complaints and police duties, as well as inspecting equipment and vehicles assigned to their use.


Specification: Lieutenant Jerome Barrow allowed those under his command to violate Ohio Revised Code 2913.49, Identity Fraud which states in pertinent part: (A) As used in this section, "personal identifYing information" includes, but is not limited to, the following: the name, address, telephone number, driver's license ... of a living or dead individual. (B) No person, without the express or implied consent of the other person, shall use, obtain, or possess any personal identifying infonnation of another person with intent to do either of the following:

(F)

(2) Represent the other person's personal identifying information as the person's own personal identifYing infonnation.

(2) It is an affirmative defense to a charge under division (B), (C), (D), or (E) of this section that either of the following applies:

CLEVELAND DIVISION OF POLICE CLEVELAND, OHIO

DIVISIONAL INFORMATION

DIST./BUR.

EXAMINED BY

ZONE/UNIT Internal Affairs Unit

_________ RANK

November 24 20 10

20

FROM Sergeant Charles 1. DePenti #9963 TO Daniel Bemath, Lieutenant


COPIES TO Chief s Office, Internal Affairs Unit files

(I)

Page 2 of 5 Pages

(a) The person or entity using, obtaining, possessing, or creating the personal identifYing information or permitting it to be used is a law enforcement agency, authorized fraud personnel, or a representative of or attorney for a law enforcement agency or authorized fraud personnel and is using, obtaining, possessing, or creating the personal identifYing information or permitting it to be used, with prior consent given as specified in this division, in a bona fide investigation, an information security evaluation, a pretext calling evaluation, or a similar matter.

(1) Whoever violates this section is guilty of identity fraud. (2) Except as otherwise provided in this division or division (1)(3) of this section, identity fraud is a felony of the fifth degree.


Rule 2.02: Personnel shall not willfully disobey any rules, regulations, General Police Orders and directives pertaining to their duties, and shall be held accountable for any action contrary to these instructions.

Specification: Violation of Rule 1.05, et al. Lieutenant Jerome Barrow allowed those under his command to violate Ohio Revised Code 2913.49, Identity Fraud.

Rule 2.03: Personnel shall perform all duties required by rules, regulations, general police orders, directives, or orders of the Division of Police.


Rule 2.04: Personnel shall study all rules, regulations, general police orders and directives pertaining to their duties, and shall be held accountable for any action contrary to these instructions.


Rule 2.13: The following are additional grounds for disciplining personnel, including removal, in addition to the grounds stated in Civil Service Commission Rule 9.1 0:

a. Incompetence b. Gross neglect of duty c. Gross immorality d. Habitual drunkenness



DIST./BUR. ZONEjUNIT Internal Affairs Unit November 24 20 10

EXAMINED BY ___________________ RANK 20

FROM Sergeant Charles L. DePenti #9963 TO Daniel Bemath, Lieutenant

SUBJECf Request Departmental Charges to be preferred against Lieutenant Jerome Barrow #8467

COPIES TO Chiefs Office, Internal Affairs Unit files Page 4 of 5 Pages

Specification: Violation of Rule 1.05, et al. Lieutenant Jerome Barrow allowed those under his command to violate Ohio Revised Code 2913.49, Identity Fraud. This led to a story being aired on WOlO by Ed Gallek.



GPO 1.1.03: Standards of Conduct and Courtesy (in pertinent part) I. Not engage in any conduct, speech or acts while on or off duty, which would reasonably tend to diminish

the esteem of the Division of Police or its personnel in the eyes of the public (Rule 5.01).



I respectfully request charges be preferred against Lieutenant Jerome Barrow #8467 for violations of the below listed violations of the Rules of The Civil Service Commission:

Rule 9.10 Tenure (in pertinent part) But any officer or employee in the classified service may be discharged, suspended, or reduced in rank for any one or more of the following causes:

1. Neglect of Duty 3. Incompetence or inefficiency in performance of duties. 7. Disorderly, immoral, or unethical conduct while on duty. 18. For other failure of good behavior which is detrimental to the service, or for any other act of

misfeasance, malfeasance, or nonfeasance in office.




DIST./BUR. ZONE/UNIT Internal Affairs Unit November 24 20 10

EXAMINED BY _________________ AANK 20


SUBJEcr Request Departmental Charges to be preferred against Lieutenant Jerome Barrow #8467


e. Failure to obey orders given by proper authority f. Any other reasonable and just cause


IV. DUTY



V. BEHAVIOR

Rule 5.01: Personnel shall not engage in any conduct, speech or acts while on duty, or off duty, which would reasonably tend to diminish the esteem of the Division ofpolice or its personnel in the eyes of the pUblic.

Specification: Violation of Rule 1.05, et al. Lieutenant Jerome Barrow allowed those under his command to violate Ohio Revised Code '2913.49, Identity Fraud. This led to a story being aired on WOIO by Ed Gallek.


Specification: Violation of Rule 1.05, et al. Lieutenant Jerome Barrow allowed those under his command to violate Ohio Revised Code 2913.49, identity Fraud. This led to a story being aired on WOlO by Ed Gallek.

I respectfully request charges be preferred against Lieutenant Jerome Barrow #8467 for violations of the below listed violations of the Cleveland Division of Police's General Police Orders:

GPO 1.1.01: Mission Statement (in pertinent part) Policy: Members of the Division of Police shall carry out their mission in accordance with the strictest ethical gnidelines. Division members shall conduct themselves in a manner that fosters public confidence in the integrity of Cleveland's government, its processes, and its accomplishments. Members of the Division of Police shall be gnided by the values expressed in the City of Cleveland Mission Statement, the City of Cleveland Ethics Policy, and the Division of Police Manual of Rules and Regulations.

~I 'U' CLEVELAND DIVISION OF POLICE

CLEVELAND, OHIO DIVISIONAL INFORMATION

DIST.jBUR. ZONE/UNIT Internal Affairs Unit November 24 20 10

EXAMINED BY _________ RANK 20




Specification: Violation of Rule 1.05, et al. Lieutenant Jerome Barrow allowed those under his command to violate Ohio Revised Code 2913.49. Identity Fraud. This led to a story being aired on WOlO by Ed Gallek.



GPO 1.1.03: Standards of Conduct and Courtesy (in pertinent part) I. Not engage in any conduct, speech or acts while on or off duty, which would reasonably tend to diminish

the esteem of the Division of Police or its personnel in the eyes of the public (Rule 5.01).

ill. Conduct themselves in such a manner as to command the respect of the public (Rule 5.08).


I respectfully request charges be preferred against Lieutenant Jerome Barrow #8467 for violations of the below listed violations ofthe Rules o/The Civil Service Commission:

Rule 9.10 Tenure (in pertinent part) But any officer or employee in the classified service may be discharged, suspended, or reduced in rank for any one or more of the following causes:

1. Neglect of Duty 3. Incompetence or inefficiency in performance of duties. 7. Disorderly, immoral, or unethical conduct while on duty. 18. For other failure of good behavior which is detrimental to the service, or for any other act of

misfeasance, malfeasance, or nonfeasance in office.

Specification: Violation of Rule 1.05, et al. Lieutenant Jerome Barrow allowed those under his command to violate Ohio Revised Code 2913.49. Identity Fraud.



DIST.jBUR. ------ ZONE/UNIT Internal Affairs Unit November 24 20 10

EXAMINED BY _________________ AANK 20


SUBJECf Request Departmental Charges to be preferred against Lieutenant Jerome Barrow #8467


Respectfully,



Investigation Tracking Sheet

IAU Case # 2010-061

VictimlComplainant(s): Jonathan Sledge, Paul Reynolds and Branden Bryson

Officer (s) Involved: Det. Redding #2327, Det. Spencer #936 and Det. Foster #1863

Nature of Allegation: Identity Fraud

UDF: UDFIT: FATAL: NON-FATAL: NO-INJURY: SUICIDE:

ACCIDENTAL: IN-CUSTODY:

HOMICIDE UNIT

DATE OVERSIGHT REPORT COMPLETED & DELIVERED TO BSI: ____ . ___ _

DATE REFERRED FOR TACTICAL REVIEW: ___________ _

Location of Incident: 10700 Chester ~~~~~-----------------

Date: 10/20/09

Assigned Investigator: Sgt. DePenti --~---------------------------

Assigned: 6/23/10 ------------Reviewed by OlC: Randall Bergeon, Sergeant (Acting OlC) Date: 1017/10

OIC's CommentslRecommendations:

Upon review of Sgt. DePenti's investigation there are two (2) issues that need to be addressed: (1) Were the Detectives involved, actions in violation of municipal ordinance or state statute? (2) Did their Supervisor, Lt. Barrow, ensure that the Detectives under his command were in compliance with law and Divisional directives?

In his investigative report Sgt. DePenti clearly and adequately shows that Det. Redding used Jonathan Sledge's driver's license, without privilege to do so, to rent a vehicle from. Det. Redding was in clear violation ofORC 2913.49 (Identity Fraud). Furthermore, the use of Sledge's license was un-necessary due to the fact that the Ohio Bureau Vehicles allows for Law Enforcement Officers to obtain an Ohio Driver's License with fictitious information appearing on the license. Sgt. DePenti also indicates in his investigative report that Det. John Foster and Det. Anthony Spencer used Paul Reynolds and Branden Bryson's Ohio Driver License to rent vehicles from using the Cleveland Police Covert Car Rental Plan. Again this is in viola-tion ofORC 2913.49.

,"'-"

Lt. Barrow failed to monitor members of the Third District Vice Unit, allowing them to use confiscated Ohio priver's Licenses for the purpose of renting vehicles from As shown this practice has qaused three members of the Vice Unit to be violation ofORC 2913.49. Furthermore, these actions have placed the Cleveland Police Covert Car Rental Plan with in jeopardy.

OlC's Signature:

IAU#10-061

Reviewed by OIC of the Integrity Section: Daniel K. Bernath, Acting Captain ICS 10-11-10

I have received the attached investigative reports completed by Sergt. Depenti.

My findings and recommendations are that this complaint be forwarded to the Prosecutor's Office for review. After adjudication of any potential criminal charges, I recommend that this investigation be ruled SUBSTANTIATED/ADMINISTRATIVE VIOLATIONS and be forwarded for administrative discipline. a._Further investigation warranted. b . .J:L Violation of existing rules warranted. c._Policy/procedural change warranted. d._No further investigation warranted.

CommentslRecommendations: The investigation reveals that three members of the District 3 Vice Unit, Detective George Redding #2327, Detective John Foster #1863 and Detective Anthony Spencer #936, used the Driver's License LD.'s of three persons, without their knowledge or consent. to rent vehicles through a Cleve-land Division of Police covert rental car plan established with Although there is no evi-dence to suggest that the detectives used the identifications for personal gain or any other nefarious purpose, I recommend that this investigation be forwarded for prosecutorial review to determine if there is enough evidence to warrant criminal charges in regards to violations of ORC 2913.49 Identity Fraud or any other criminal statute.

After adjudication of any potential criminal charges, I recommend that this investigation be forwarded for administrative discipline in regards to the detectives violations of General Police Orders 1.1.02 Values Mission Statement and 1.1.03 Standards of Conduct and Courtesy, along with Rules 2.01, 2.02, 2.03, 2.04, 2.13(a), 5.01 and 5.08 of the Manual of Rules and Regulations, and Rules 9.10(3) (5) and (18) of the Rules of the Civil Service Commission. In addition, as the District 3 Vice Lieutenant should have been aware of and directing the activities of his subordinates, I respectfully recommend that Lieutenant Jerome Barrow face administrative discipline for violations of General Police Orders 1.1.02 and 1.1.03, along with Rules 1.05, 2.01, 2.02, 2.03, 2.04, 2.12, 2.13(a) of the Manual of Rules and Regulations, and Rules 9.10(1) (3) (5) and (18) of the Civil Service Rules.

OlC's Signature:

Date Sent to Chief for Review: _---1.I_·_O...,,-'-/_3_~_-;_(J-r-___ _

ILih!M~ Received by Signature:

Chiefs Orders: File - No Further Action: _______ Referred to Prosecutor: _/ ______ _

smPs ~i:ceEiii!l:s:

Directed to Grand Jury: Administrative Charges Only: ____ _

!lki~ !1k4-a,;tL-? -ayr Chiefs Signature: _.:::---___ ---=-----_____ ---_____ Date: ....:.,A_~_-Ii_Y._.-_/._'tJ ___ _

Received at the Prosecutor's Office: Date: ----------------------~---- --------------

Delivered to Prosecutor's Office By: Date: ------------

Prosecutor's Ruling: ---------------------------

Prosecutor's Signature: Date: -------------------------------- ------------------

Date Sent To Grand Jury: _______________________ Date Presented: _____________________ _

Date ofTme Bill: Date of No Bill: ~---------------------------

Log of Hearings/Court Appearances - Date - Location - Disposition - Name oflAU Member Attending:

Final Disposition: Date: -----------------

OlC's Signature: Badge # Date:

May 10,2010 ~~! ~ TO WHOMTIilS liRGENT MATTER MAY CONCERN: V \¥

"".,,'" '_I m ""'" <hJ, 1_,;, hop" ,'=,'"" 'hI>"_ """"~" 7 as possible. My car wa:; recently impounded. Upon going tl) get it ,e1eased, J was wid that I could not get my car until I paid the camera ticket(s). To make a long st(lf), shon. it was revealed that the camera ticket they were referring Ie) was i~sued on a renUll car that

. :;orneone rented in my name at the - located on . KnoVYlDg that J have NEVEl<. renled a car, I called up there to try to gel

things resolved, but to no avail. When I first called, the guy on lhe phone listcn~d to what I was saying but then starting acting a little weird. I then ll.,ked to speak to a supervisor or manager and was told that the supervisor couldn't lalk right then a, fle wa, out cleaning a car. I therefore went 10. the locati()n and spuke to a lady by tile name I)t' Sherri.

Someone at !:hat location allo",-ed someone to rent a car in my name \l;1TIlOtJT my identification card, not once but THREE different times! . Also. on one ofth~ printout:; that Sherri provided to me, mY birth dale is WRONG along with the incorrect driver', license number. Now jfyou had my Ld., you would have kno;"11 that my birth dalC is nl)1

in May ...

In closing, I am simply trying to get all of this resolved in a timc1)' fashion and this ticket paid and my IJame cleared. PIC<ise be mindful 6fthc facl my (;llr i$ still irnjX1und.d, the price is going up daily and) can.not get it out unlillhis tickel is paid. I am therefore taxing you this letter detailing what's going on along with U copy ofth.: tiokellp~r yom request) unci neapy of the paperwork that was given to me on Friday, :VIa: 7,2010 whell

. I went into tha;

Tbanks,

Fay, Daniel

From: Tomba, Edward

Sent: Tuesday, June 01,201010:12 AM

To:

Subject:

Fay, Daniel

FW:

Attachments: Enterprise complaint.doc

Please print out letter and e-mails and hold for Chiefs return.

Edward J. Tomba Deputy Chief Special Operations 1300 Ontario Street 8th Floor Cleveland Ohio 44113 216.623.5146

From: Tomba, Edward Sent: Tuesday, June 01,201010:10 AM To: Cuevas, Hector Subject: FW:

Deputy Chief Cuevas,

t'age 1 01 L

L~~ /'rnt/uT ~ dL ,tJ~-feId-fi~ ~ ./J.(1 ml"'/ad

~

ct -#-10

Actions like this put the entire program in jeopardy. (See attachment)

needs to be reimbursed immediately for the monies owed to them. For a member of the Third District to use this gentleman's name on three occasions is unacceptable and not within the guidelines and policy we ALL agreed upon.

Commander Williams needs to makecontact with Mr. Sledge to resolve this issue.

The Better Business Bureau and

Request that all District Commanders review the Agreement policy and conduct and audit within their respective Commands to ensure this policy is being followed.

Edward J. Tomba Deputy Chief Special Operations 1300 Ontario Street 8th Floor Cleveland Ohio 44113 216.623.5146

From: Gingell, Gary Sent: Tuesday, June 01, 2010 9:51 AM To: Tomba, Edward Subject: FW:

6/1/2010

rage Lor L

Chief. If this attachment is correct needs to be reimbursed for the traffic camera ticket ($122.00) and

storage fees by the 3d District. The storage fees have not been forwarded by as of this date. We need to talk about this.

G.G.

From: Heffernan, Brian Sent: Tuesday, June 01, 2010 9:35 AM To: Gingell, Gary Cc: Sotomayor, John Subject:

Summary of what is known to date on the problem with the

6/1/2010

On May 10, 2010 received a written complaint from an individual identifying himself as Jonathon Sledge. Sledge had his personal auto towed. The Impound Lot would not release the vehicle until Sledge paid an outstanding traffic camera ticket. The vehicle for which the ticket was issued was owned by Sledge's complaint was to in that he had not rented a vehicle from. at the time the camera ticket offense occurred.

Upon receipt of the written complaint looked into the situation and leamed that the violation took place on 2/6/2010 by the operator of their vehicle with Ohio License Plate. checked and found that the vehicle was rented by a male using the name Jonathon Sledge but the vehicle was rented under the company name of em is the covert account set up for renting vehicles by the 3RD District under the Cleveland Police 1 rental program.

contacted Sgt Sotomayor requesting assistance. Investigation by Sgt Sotomayor reveals that on three separate occasions a vehicle was rented from the

• office under the Cleveland Police covert program. On all three dates 10/20109,2/4/10, and 2/5/10 the detective renting the vehicle used the name Jonathon Sledge. The undercover company name listed was which would normally indicate that a detective from the 3RD District was the renter. Accordingly it appears as though someone from the Division of Police used the name Jonathon Sledge to rent the vehicle and more than likely was the operator at the time the traffic camera violation took place.

paid the $122.00 traffic camera ticket as their initial investigation showed the real Jonathon Sledge to be without fault. Additionally, . paid the Impound Lot fees for the real Jonathon Sledge as his personal vehicle was held at the Impound Lot for an extended period while the matter was looked into. Consequently is out the $122.00 paid for the camera ticket, plus the storage fees. Also, the real Jonathon Sledge has contacted the Better Business Bureau with a complaint against

Additional investigation into this allegation indicates that a 3RD District Vice Detective identified as George Redding is possibly the responsible person.

Respectfully request that an investigation at the District level is initiated immediately. has forwarded copies of the complaint from Sledge along with other

documentation that I will make available. There also need to be a remedy for initiated immediately as the entire program the Division of Police has set up with

is in jeopardy the way things stand now.



File: 2010-061 E Examined By: :elM 1b.ii2ti!fif-From: Sergeant' Charles l. D ~ Subject: Administrative Report

Sir,

Date: November 23,2010

Date: --..:..i-p.i P.':3:6;,,>.· f-11/~o~ ____ _ To: Lie~en~nt Daniel Bernath

On Wednesday, June 23,2010, I was assigned IAU Case #2010-061. The following are the results of the administrative investigation.

Involved Officers: Detective George Redding #2327 Appointment Date: 8/3011999 Incident Assignment: District 3, Vice

Detective John Foster #1863 Appointment Date: 1/311994 Incident Assignment: District 3, Vice

Detective Anthony Spencer #936 Appointment Date: 9128/1998 Incident Assignment: District 3, Vice

Lieutenant Jerome Barrow #8467 Appointment Date: 10/2911979 Incident Assignment: OIC, District 3 Vice

Complainant: Jonathan Sledge (BIMI29) SSN: I DaB: 612/1981 Address: 1490 East 193rd Street #627, Euclid, Ohio 44117 Telephone: 216-326-3494

Synopsis: On 10/20/2009,2/412010 and 2/512010 Detective George Redding #2327 used Jonathan Sledge's identity to rent vehicles from the through a Cleveland Police Covert program. Payment for the rentals was to be made in accordance with the Narcotics Rental Car Policy, a policy enacted where the Cleveland Division of Police could rent vehicles from : to augment undercover car shortages.

On February 6, 2010, at 2058 hours, a vehicle Detective Redding rented for the Cleveland Division of Police using Jonathan Sledge's identity was cited for the photo infraction "Fixed Pole Speed" - ticket




#F003572388. This created a $100 fine to whose records indicated that Jonathan Sledge rented the vehicle. It eventually became apparent that Sledge did not rent the vehicle, because it was rented under the with the Cleveland Division of Police.

By the time had learned what had occurred, the fine had increased to $122 and could still rise if further delinquent. On May 10, 2010, paid the fine - Reference #28529454, and then sought remuneration from the Cleveland Division of Police. It was at this time that the Cleveland Division of Police learned that the car was rented under a false identity. On June 1, 2010, a Cashier's Check was issued to . for $122, as reimbursement for the fine. This check is still outstanding and is now void due to time limitations on the check.

Interviewed: 6/3012010: Jonathan Sledge via landline (216-326-3494) 7/2/2010: 7/23/2010: Sergeant John Sotomayor #9846, Narcotics Unit 811912010: Cleveland Police Patrolmen's Association Counsel Pat D'Angelo 8/20/2010: 8/26/2010: 912412010: Megan (Cleveland Police Credit Union) via landline (216-861-3535) 9127/2010: Paul Reynolds via landline (216-651-6901) 9/27/2010: Branden Bryson (9808 Pratt Avenue, Cleveland, Ohio 44105)

Written Statements: 5/10/2010: Mr. Jonathan Sledge, Letter 8/16/2010: Patrol Officer Aaron Pettit #101, Type Orders 8/2112010: Lieutenant Jerome Barrow #8467, Type Orders 8/26/2010: Patrol Officer Kenneth Allen #2449, Type Orders 9/18/2010: Patrol Officer Mister Jackson #874, Type Orders 912112010: Lieutenant Jerome Barrow #8467, Type Orders 11/3/2010: Chief City Prosecutor Victor Perez, Felony-Review Form 1111912010: Detective George Redding #2327, Garrity 11/1912010: Detective Anthony Spencer #936, Garrity

Pertinent Portions of Interviews and Written Statements: On Monday, May 10, 2010, Mr. Jonathan Sledge wrote a letter regarding the misuse of his identity, causing a "camera ticket" to be issued to him, and the impounding of one of his vehicles.

On Wednesday, June 30, 2010, I interviewed Mr. Jonathan Sledge via landline (216-326-3494) and learned that to the best of his knowledge, he has had no interaction with Detective George Redding #2327. He further stated that he has not given anyone permission to use his identity and that he is not aware of any criminal activities regarding his identity beyond the scope of this investigation.




On Friday, July 2,2010, I interviewed He stated that . , will not rent a vehicle unless the renter presents a

driver's license.

On Friday, July 23, 2010, I interviewed Narcotics Unit Sergeant John Sotomayor #9846 regarding the covert rental car program. Sergeant Sotomayor provided me with a cursory explanation of the covert rental car program and a copy of the City's contract with. and the Narcotics Unit Rental Car Policy.

On Monday, August 16,2010, Patrol Officer Aaron Petitt #101 responded to Type Orders regarding his possession of Jonathan Sledge's identification card (RMS #2009-335784). Officer Petitt's response included the following:

While assigned to Zone Car 4D23, I had the occasion to arrest Jonathan Sledge for V.S.D.L., Resisting Arrest and Obstruction ... I somewhat recall the arrest in question 10 months ago. I recall the male reaching several times into the center consul area, him pushing off of me and fleeing, and him forcing me to use my Taser for my own safety when he repeatedly reached for his waistband in what I believe was an attempt to retrieve a weapon. I regret to inform you however that I do not recall the specifics of the situation as it was not a significant event when compared to his resisting, which ultimately led to a use of non-deadly force. I have no recollection of keeping the male's ID on my person, and he was no longer in my presence after the scene was secured as he was transported by a two man car to CPU where he was booked and housed not in my presence.

At no time do I believe that I would have kept the male's ID on my person for any reason and not given it back to him and wish that I could be of more assistance in helping him recover his lost ID.

On Thursday, August 19, 2010, Cleveland Police Patrolmen's Association Counsel Pat D'Angelo stated on behalf of Detective George Redding #2327 he would not be making a Miranda statement.

On Friday, August 20, 2010, while accompanied by Sergeant Rybarczyk, I interviewed at

-

detailed paperwork regarding rentals made by District 3 Vice. provided

On Saturday, August 21, 2010, District 3 Vice Lieutenant Jerome Barrow responded to Type Orders. His response revealed that Detective George Redding #2327 rented vehicles using Jonathan Sledge's identification. He further stated that Detective Redding used the identification card to remain covert, and that Detective Redding got the card from the unclaimed identification cards at the district. Detective Redding still has Sledge's identification card, pending this investigation.

On Thursday, August 26, 2010, I interviewed and They provided detailed data

regarding the covert rentals made the Cleveland Division of Police Narcotics and Vice Units.




On Thursday, August 26, 2010, Patrol Officer Kenneth Allen #2449 responded to Type Orders regarding the conveying of Jonathan Sledge in connection with Sledge's arrest by Patrol Officer Pettit. Patrol Officer Allen stated that he has no recollection of what became of Mr. Sledge's identification card. He further stated that he was the driver on the date in question and his partner (Patrol Officer Mister Jackson #874) took care of all the paperwork. Additionally, he does not know if they were ever in possession of Mr. Sledge's identification card.

On Saturday, September 18, 2010, Patrol Officer Mister Jackson #874 responded to Type Orders regarding the conveying of Jonathan Sledge in connection with Sledge'S arrest by Patrol Officer Pettit. Upon reviewing the documents involving that incident, he has no recollection of the incident, and specifically he does not have any recollection regarding Mr. Sledge's identification.

On Tuesday, September 21,2010, District 3 Lieutenant Jerome Barrow responded to Type Orders. His response revealed that Detectives George Redding #2327, John Foster #1863 and Anthony Spencer #936 rented vehicles using other people's identification, specifically Jonathan Sledge, Paul Reynolds and Branden Bryson's. He further stated that the detectives used the identification cards to remain covert, and that the detectives got the cards from the unclaimed identification cards at the district. Paul Reynolds and Branden Bryson's identification cards were returned to the unclaimed identification cards at the district.

On Friday, September 24, 2010, I interviewed Megan of the Cleveland Police Credit Union. She stated that the Cashier's Check (092005411/00421 35220926) payable to the order of had not been cashed.

On Monday, September 27, 2010, I interviewed Paul Reynolds via landline (216-651-6901). He stated that he has not given anyone permission to use his identity and that he is not aware of any criminal activities regarding his identity beyond the scope of this investigation.

On Monday, September 27,2010, I interviewed Branden Bryson at 9808 Pratt Avenue. He stated that he has not given anyone permission to use his identity and that he is not aware of any criminal activities regarding his identity beyond the scope of this investigation.

On Wednesday, November 3, 2010, Chief City Prosecutor Victor Perez ruled on the criminality of the incident. He ruled No Papers Issued due to insufficient evidence.

On Friday, November 19, 2010, while accompanied by Sergeant Michael Rybarczyk #9911, I took a written Garrity statement from Detective George Redding #2327. His statement included the following:

(What form of instruction did you receive regarding the rental of vehicles frorr as part of the covert rental program?) I was just instructed to rent the cars. I

was given a credit card with a front company name of to use when renting vehicles from ". We would have to rent these vehicles while we were off-duty, because my city start time was 1900 hours and would close at 1700 hours.




(Who gave you those instructions?) Lieutenant Barrow.

(Why did you use Jonathan Sledge's driver's license to rent vehicles for the covert rental program?) To maintain the covertness of my identification - to protect my true identity as a police officer.

(Did you get permission from Jonathan Sledge to use his driver's license to rent these vehicles?) No.

(How did you obtain Jonathan Sledge's driver's license?) TIrrough the lost and found at the front desk at the Third District.

(Under whose authority did you use Jonathan Sledge's driver's license to rent vehicles for the covert rental program?) No one's. I was under the impression that as a police officer performing a police function that it was appropriate and legally permissible to do this.

(Was Lieutenant Barrow aware that you had rented vehicles using another's driver's license?) I am not sure, but we provided the paperwork at the end of the tour of duty.

(Did Lieutenant Barrow suggest you use other people's driver's license to rent vehicles for the covert rental program?) Not to me.

(Did Lieutenant Barrow order you to stop renting vehicles using another's driver's license?) We just stopped using the program, he never ordered me to stop using other people's identification regarding car rentals.

On Friday, November 19, 2010, while accompanied by Sergeant Michael Rybarczyk #9911, I took a written Garrity statement from Detective Anthony Spencer #936. His statement included the following:

(What form of instruction did you receive regarding the rental of vehicles from as part of the covert rental program?) There was nothing formal or in writing.

We were prepped that the program would be open to us. There would be one person who worked at the rental car place who would know who we were. We were told that we were to rent vehicles fron from the office located

We were asked by Lieutenant Barrow from where we would like to rent the cars, and that was the office we selected. I do recall that we were part of a "front" construction company. We did use some type of credit card to pay. Lieutenant Barrow gave us our instructions regarding the rentals.

(Why did you use Branden Bryson's driver's license to rent vehicles for the covert rental program?) Just to have an ID in my hand. I did not trust the employees of"

to know my actual personal information while I was renting a vehicle for covert operations. When I am undercover I don't want anyone to know who I am.


/'"-


Investieative Report

(Did you get permission from Branden Bryson to use his driver's license to rent these vehicles?) No.

(How did you obtain Branden Bryson's driver's license?) There are always ID cards in the downstairs office - lost IDs, etc. I just went down there and picked one.

(Under whose authority did you use Branden Bryson's driver's license to rent vehicles for the covert rental program?) No. I am not sure how we came up with the idea. I was doing it as a police officer doing a police function. I had used cards from there before when working under-cover and having to enter clubs. To me, I could have just made up the name, it would have no difference to me. I did not know that it was against the law.

(Was Lieutenant Barrow aware that you had rented vehicles using another's driver's license?) I am sure he had to be. I turned the rental paperwork into him, and it had Branden Bryson's driver's license information and my signature of his name.

(Did Lieutenant Barrow suggest you use other people's driver's license to rent vehicles for the covert rental program?) I am not sure where it originated from. We thought it was an OK idea.

(Did Lieutenant Barrow order you to stop renting vehicles using another's driver's license?) I am going to say that we could not rent vehicles anymore.

Detective John Foster #1863 has been on sick leave since June 7, 2010, and was not scheduled for a Garrity statement.

Investigation Reveals: The Cleveland Division of Police has a Covert Rental Car policy through This program is to augment Cleveland Division of Police undercover vehicles. These vehicles will be deployed as surveillance cars only and cannot engage in pursuits or be used as take-down vehicles.

acknowledges and agrees that Division of Police receiving vehicles may use fictitious names that are agreed to in advance by . and the City of Cleveland. The City of Cleveland shall pay for completing all services required under their agreement an amount not to exceed $45,000.

Initially, the Covert Rental Car program was used only by the Cleveland Division of Police Narcotics Unit. Prior to enactment of the covert rental car policy at the District level, Narcotics Unit Sergeant John Sotomayor forwarded documents regarding the rental agreement and procedures, including the Narcotics Rental Car Policy. While this policy covers many facets of the procedures regarding the rental vehicles, it does not address the actual renting of the vehicles, nor the presentation of your own driver's license. This last fact was addressed by a 1011512009 e-mail from Commander Gingell to the District Commanders where he states in pertinent part, "They will need to show their drivers license." (Emphasis added.)




On Friday, February 5, 2010, Detective George Redding #2327 rented a Chevy HHR bearing Ohio plate under the Cleveland Division of Police's covert car rental program from

'. Detective Redding used Jonathan Sledge's driver's license to rent this vehicle.

On Saturday, February 6, 2010, the Daily Duty Assignment with the Daily Duty Report for unit 3V82 reveals that Detective David Sims #1577 was operating the Chevy HHR rented under the name of Jonathan Sledge when that vehicle was issued "Camera" Ticket F003572388 for travelling 47 mph in a 35 mph zone. tracked this ticket to the renter of record for that time, Jonathan Sledge, and the ticket was subsequently issued to Jonathan Sledge. On April 22, 2010, Jonathan Sledge's 1994 Chrysler Concorde bearing ETH8565 was Process Towed as a Criminal Tool (VIU #2010-06875) in connection with a Violation of State Drug Law arrest. Mr. Sledge was unable to get the vehicle out of impound due to the outstanding "Camera" ticket. The Cleveland Division of Police Impound Unit had the vehicle scrapped on July 16, 2010.

investigated the matter as it regarded to Jonathan Sledge allegedly renting the ticketed vehicle and discovered that the vehicle had been rented through an undercover company associated with the Cleveland Division of Police. On May 10, 2010, Enterprise

. the $122 fine (Reference #28529454) and notified the Cleveland Division of Police. On June I, 2010, the District 3 Vice Unit deposited funds for a Cashier's Check (092005411/00421 35220926) for in the amount of $122. Per Megan of the Cleveland Police Credit Union, this check was still outstanding as of September 24, 2010. The check is now void because it was not presented within 60 days of June I, 2010.

Further investigation has revealed that on October 18, 2009, Jonathan Sledge was arrested by Patrol Officer Aaron Petitt #101 (RMS #2009-00335784) for Possession of Drugs, Resisting Arrest and Obstructing Official Business. During the course of this arrest, Patrol Officer Pettit states, "He gave me his identification, which I returned to my vehicle and checked on my MDT." While attempting to take Sledge into custody, Sledge resisted arrest and Patrol Officer Petitt was required to use Non-Deadly Force to affect the arrest. The Property Book maintained by the Central Prison Unit for this arrest indicates the following property for Sledge during his booking (Bag #49548): "$15.00 laces lighter belt ring lottery ticket." In response to the ID apparently becoming missing while in Patrol Officer Petitt's possession, Officer Petitt vaguely recalled the event after reviewing the RMS report. He remembered arresting Sledge for VSDL, Resisting Arrest and Obstruction; he also remembered Sledge reaching into his waistband, and the need to use Non-Deadly Force (Taser) to take him into custody. He does not recall keeping the identification card, and knows of no reason why he would have kept it. Officer Petitt further stated that he was not present when the two-man car (4A38) conveyed Sledge to the Central Prison Unit for booking. Patrol Officers Kenneth Allen #2449 and Mister Jackson #874 of Zone Car 4A38 had no recollection of this incident and have no knowledge of the whereabouts of Jonathan Sledge's driver's license.

Further review of covert car rentals by the Cleveland Division of Police has revealed that Paul Reynolds and Branden Bryson also had their identification cards used by District 3 Vice.




Per the Type Order response dated August 21, 2010, by District 3 Vice Lieutenant Jerome Barrow #8467, Detective George Redding #2327 acquired Jonathan Sledge's Drivers License from unclaimed identification cards at the district. Per Lieutenant Barrow's response, Detective Redding used Sledge's identification card in an attempt to remain covert when on February 5,2010, he rented a Chevrolet HHR using the Cleveland Division of Police covert rental agreement with -

Per the Type Order response dated September 21, 2010, by District 3 Vice Lieutenant Jerome Barrow #8467, Detectives George Redding #2327, Jo1m Foster #1863 and Anthony Spencer #936 rented vehicles using other people's identification, specifically Jonathan Sledge, Paul Reynolds and Branden Bryson's. He further stated that the Detectives used the identification cards to remain covert, and that detectives got the cards from the unclaimed identification cards at the district. Paul Reynolds and Branden Bryson's identification cards were returned to the unclaimed identification cards at the district.

Jonathan Sledge, Paul Reynolds and Branden Bryson have each stated that they had not given anyone permission to use their identities and that they are not aware of any criminal activities regarding their identities beyond the scope of this investigation.

Per the written Garrity statements of both Detective George Redding and Anthony Spencer, they used the others' driver's licenses to protect their own identities in connection with working covert operations. They further stated that while Lieutenant Barrow did not suggest using others' driver's licenses, he had to be aware that they had been doing so because they submitted the rental paperwork to Lieutenant Barrow. Lieutenant Barrow did not instruct either detective to stop using the other's driver's license.

Conclusion: Examination of all reports and facts herein coincide with the facts determined by this investigation.

Detectives George Redding #2327, Jo1m Foster #1863 and Anthony Spencer #936 of the District 3 Vice Unit used Jonathan Sledge, Paul Reynolds and Branden Bryson's driver's licenses respectively to rent vehicles through a Cleveland Police covert car rental plan established with .

By using other people's driver's licenses and completing the rental agreement without permission to use these false identities, Detectives George Redding #2327, Jo1m Foster #1863 and Anthony Spencer #936 each fulfilled the elements of Ohio Revised Code 2913.49, Identity Fraud.

Lieutenant Jerome Barrow #8467 was aware of the detectives using others' driver's licenses and did nothing to stop it. No other units in the Cleveland Division of Police used another's driver's license to rent a vehicle as part of the covert car rental program.

A result of Detective Redding using Jonathan Sledge's Driver's License, Mr. Sledge was unable to get his 1994 Chrysler Concorde out of Cleveland Division of Police Impound, ultimately causing it to be scrapped.




On August 19,2010, WOlO - Channel 19 news reporter Ed Gallek ran a story regarding the misuse of Jonathan Sledge's driver's license for the rental of a covert car.

It should be noted that there is no evidence to suggest that the detectives used Jonathan Sledge, Paul Reynolds or Branden Bryson's identification for any personal gain or nefarious purpose.

Recommendation: I recommend Administrative Charges be preferred against Lieutenant Jerome Barrow #8467 and Detectives George Redding #2327, John Foster #1863 and Anthony Spencer #936 regarding the breaches of conduct as delineated in the Rules of The Civil Service Commission and Cleveland Division of Police General Police Orders and Manual of Rules and Regulations for the Conduct and Discipline of Officers and Employees.

Manual of Rules and Regulations for the Conduct and Discipline of Officers and Employees:




They shall be responsible for the discipline of each subordinate under their command and shall make frequent inspections of subordinates in regards to their appearance, conduct and performance in handling complaints and police duties, as well as inspecting equipment and vehicles assigned to their use.


Rule 1.07 Patrol Officer

Patrol officers shall be held responsible for the good order of their assignment and shall be prepared at all times to inform their superior officers of the conditions of their post, beat, or zone.

They shall be under the immediate supervision of the head of the administrative unit to which assigned. They shall perform such duties and work such hours as designated by their superior officer. They shall cooperate with all other personnel in the performance of police duties.

They shall acquire a thorough knowledge of the criminal laws and the rules of evidence so that they may carry out their duties in an efficient manner.





Rule 2.01: Personnel shall not violate any law of the United States, the State of Ohio, Charter provision or ordinance of the City of Cleveland, or neglect to perform any duty required by law, nor shall they engage in any conduct that would constitute a crime under the laws of the United States, the State of Ohio, or the Charter provisions or ordioances of the City of Cleveland.

Rule 2.02: Personnel shall not willfully disobey any rules, regulations, General Police Orders and directives pertaining to their duties, and shall be held accountable for any action contrary to these instructions.


Rule 2.04: Personnel shall study all rules, regulations, general police orders and directives pertaioiog to their duties, and shall be held accountable for any action contrary to these instructions.

Rule 2.13: The following are additional grounds for disciplining personnel, ioc1udiog removal, in addition to the grounds stated in Civil Service Commission Rille 9.10:

a. Incompetence b. Gross neglect of duty c. Gross immorality d. Habitual drunkenness e. Failure to obey orders given by proper authority f. Any other reasonable and just cause

IV. DUTY

Rule 4.12: Personnel shall be considered to be on duty at all times for purposes of disciplioe.

v. BEHAVIOR

Rule 5.01: Personnel shall not engage in any conduct, speech or acts while on duty, or off duty, which would reasonably tend to diminish the esteem of the Division of Police or its personnel io the eyes of the public.





Cleveland Division o(Police's General Police Orders:

GPO 1.1.01: Mission Statement (in pertinent part) Policy: Members of the Division of Police shall carry out their mission in accordance with the strictest ethical guidelines. Division members shall conduct themselves in a manner that fosters public confidence in the integrity of Cleveland's government, its processes, and its accomplishments. Members of the Division of Police shall be guided by the values expressed in the City of Cleveland Mission Statement, the City of Cleveland Ethics Policy, and the Division of Police Manual of Rules and Regulations.


GPO 1.1.03: Standards of Conduct and Courtesy (in pertinent part) I. Not engage in any conduct, speech or acts while on or off duty, which would reasonably

tend to diminish the esteem of the Division of Police or its personnel in the eyes of the public (Rule 5.01).


Rules o(The Civil Service Commission:

Rule 9.10 Tenure (in pertinent part) But any officer or employee in the classified service may be discharged, suspended, or reduced in rank for anyone or more of the following causes:

1. Neglect of Duty 3. Incompetence or inefficiency in performance of duties. 7. Disorderly, immoral, or unethical conduct while on duty. 18. For other failure of good behavior which is detrimental to the service, or for any

other act of misfeasance, malfeasance, or nonfeasance in office.


FELONY-REVIEW FORM

City of Cleveland Department of Law Criminal Division

The City of Cleveland Criminal Division has reviewed the following case and disposes of it as follows:

Suspect's name: ~~¥-I =-.• ~_'---\~,I-'=''''-... '~-d!Ii.,--.--,2:::<~c.c.;)"",o,-,-, ?'-----'t-~-. 2.--=--=--3-,-)..:_7,--~ ____ ~ Detective: -----.:!c:- ~±- Badge #: ________ -,-. , Disposition:

,;Z--

Papers Issued:

Referred to Grand Jury No Papers Issued

Reason(s); ~ficient evidence

____ Victim not located/unwilling to cooperate Steps taken to locate/reach victim:

+-___ Held in abeyance for _________ _

Dale

If/hite-Cleveland Division of Police File Copy - Chief Prosecutor

Cofe J7_:'62ReY.12i2006

Internal Affairs Unit ..


File: 2010-061 Date: November 3,2010

Examined By: ~ It ~ e? ~~,f-/f CO Date: _----"-6.!-{ --,'L§ -<-I<:.=v'-----__ -'-_

From: Sergeant Charles L. DePenti #9963 To: Daniel Bernath, Lieutenant

Subject: Criminal Disposition regarding Identify Fraud allegation

Sir:

On Wednesday, November 3, 2010, Prosecutor Victor Perez ruled that No Papers Be Issued due to' Insufficient Evidence regarding Internal Affairs Unit Case 2010-061.


Detective John Foster #1863 Appointment Date: 1/3/1994 Incident Assignment: District 3, Vice

Detective Anthony Spencer #936 Appointment Date: 9/28/1998 Incident Assignment: District 3, Vice

Complainant: Jonathan Sledge (B!M/29) SSN: I DOB: 6/2/1981 Address: 1490 East 193rd Street #627, Euclid, Ohio 44117 Telephone: 216-326-3494

I will investigate the matter further for Administrative Violations.


IAU Case #2010-061 Page 1 of 1 pages

File: 2010-061


Investigative Report .

Examined By: --f>~C1.4--;;'1-4_~---='I74--I

Date: September 28,2010

Date: ~q t!.L.!·~=4/-J( {L::D ___ ~_ From: Sergeant Charles L. To: Lieutenant Daniel Bernath ;

Subject:

Sir,

On Wednesday, June 23,2010, I was assigned IAU Case #2010-061. The following are the results qfthe investigation.


Detective John Foster #1863 Appointment Date: 1/3/1994 Incident Assignment: District 3, Vice

Detective Anthony Spencer #936 Appointment Date: 9128/1998 Incident Assignment: District 3, Vice

Complainant: Jonathan Sledge (BIMI29) SSN: I DOB: 6/211981 Address: 1490 East 193rd Street #627, Euclid, Ohio 44117 Telephone: 216-326-3494

Synopsis: On 10/20/2009,2/4/2010 and 2/5/2010 Detective George Redding #2327 used Jonathan Sledge's identity to rent vehicles from the through a Cleveland Police Covert program. Payment for the rentals was to be made in accordance with the Narcotics Rental Car Policy, a policy enacted where the Cleveland Division of Police could rent vehicles from : to augment undercover car shortages.

On February 6, 2010, at 2058 hours, a vehicle Detective Redding rented for the Cleveland Divisipn of Police using Jonathan Sledge's identity was cited for the photo infraction "Fixed Pole Speed" - 'ticket #F003572388. This created a $100 fine to, whose records indicated that Jon;athan Sledge rented the vehicle. It eventually became apparent that Sledge did not rent the vehicle, because it was rented under the agreement with the Cleveland Division of Police.

IAU Case #2010-061 Page 1 of7 pages



By the time had learned what had occurred, the fine had increased to $122 and could still rise if further delinquent. On May 10, 2010, paid the fine - Reference #28529454, and then sought remuneration from the Cleveland Division of Police. It was at this time that the Cleveland Division of Police learned that the car was rented under a false identity. On June 1,2'010, a Cashier's Check was issued to Enterprise for $122, as reimbursement for the fine. This check is still outstanding and is now void due to time limitations on the check.

Interviewed: 6/30/2010: Jonathan Sledge via landline (216-326-3494) 7/2/2010: 8119/2010: Cleveland Police Patrolmen'S Association Counsel Pat D' Angelo 8/20/2010: . 8/26/2010: 9/24/2010: Megan (Cleveland Police Credit Union) via landline (216-861-3535) 9/2712010: Paul Reynolds via landline (216-651-6901) 9/27/2010: Branden Bryson (9808 Pratt Avenue, Cleveland, Ohio 44105)

Written Statements: 511012010: Mr. Jonathan Sledge, Letter 8/16/2010: Patrol Officer Aaron Pettit #101, Type Orders 8/2112010: Lieutenant Jerome Barrow #8467, Type Orders 8/26/2010: Patrol Officer Kenneth Allen #2449, Type Orders 9/18/2010: Patrol Officer Mister Jackson #874, Type Orders 912112010: Lieutenant Jerome Barrow #8467, Type Orders

Pertinent Portions of Interviews and Written Statements: On Monday, May 10, 2010, Mr. Jonathan Sledge wrote a letter regarding the misuse of his identity, causing a "camera ticket" to be issued to him, and the impounding of one of his vehicles.

On Wednesday, June 30, 2010, I interviewed Mr. Jonathan Sledge via landline (216-326-3494) and learned that to the best of his knowledge, he has had no interaction with Detective George Redding #2327. He further stated that he has not given anyone permission to use his identity and that he is not aware of any criminal activities regarding his identity beyond the scope of this investigation.

On Friday, July 2, 2010, I interviewed . He stated that

driver's license. will not rent a vehicle unless the renter prest\nts a

On Monday, August 16, 2010, Patrol Officer Aaron Petitt #101 responded to Type Orders regarding his possession of Jonathan Sledge's identification card (RMS #2009-335784). Officer Petitt's response included the following:

While assigned to Zone Car 4D23 , I had the occasion to arrest Jonathan Sledge for V.S.D.L., Resisting Arrest and Obstruction ... I somewhat recall the arrest in question 10

IA U Case #2010·061 Page 2 of7 pages



..

months ago. I recall the male reaching several times into the center consul area, him pushing off of me and fleeing, and him forcing me to use my Taser for my own safety when he repeatedly reached for his waistband in what I believe was an attempt to retrieve a . weapon. I regret to inform you however that I do not recall the specifics of the situation as it was not a significant event when compared to his resisting, which ultimately led to a use . of non-deadly force. I have no recollection of keeping the male's ID on my person, and he was no longer in my presence after the scene was secured as he was transported by a two man car to CPU where he was booked and housed not in my presence.

At no time do I believe that I would have kept the male's ID on my person for any reason and not given it back to him and wish that I could be of more assistance in helping· him recover his lost ID.

On Thursday, August 19, 2010, Cleveland Police Patrolmen's Association Counsel Pat D'Angelo 'Stated on behalf of Detective George Redding #2327 he would not be making a Miranda statement.

On Friday, August 20, 2010, while accompanied by Sergeant Rybarczyk, I interviewed Ms. Kaufman provided

detailed paperwork regarding rentals made by District 3 Vice.

On Saturday, August 21, 2010, District 3 Vice Lieutenant Jerome Barrow responded to Type Orders. His response revealed that Detective George Redding #2327 rented vehicles using Jonathan Slt)dge's identification. He further stated that Detective Redding used the identification card to remain covert, and that Detective Redding got the card from the unclaimed identification cards at the district. Detective Redding still has Sledge's identification card, pending this investigation.

On Thursday, August 26, 2010. I interviewed -

They provided detailed data regarding the covert rentals made the Cleveland Division of Police Narcotics and Vice Units.

On Thursday, August 26, 2010, Patrol Officer Kenneth Allen #2449 responded to Type Orders regarding the conveying of Jonathan Sledge in connection with his arrest by Patrol Officer Pettit. Patrol Officer Allen stated that he has no recollection of what became of Mr. Sledge's identification card. He further stated that he was the driver on the date in question and his partner (patrol Officer Mister Jackson #874) took care of all the paperwork. Additionally, he does not know if they were ever in possession of Mr. Sledge's identification card.

On Saturday, September 18, 2010, Patrol Officer Mister Jackson #874 responded to Type Orders regarding the conveying of Jonathan Sledge in connection with his arrest by Patrol Officer Pettit. Upon reviewing the documents involving that incident, he has no recollection of the incident, and specifically he does not have any recollection regarding Mr. Sledge's identification.




On Tuesday, September 21,2010, District 3 Vice Lieutenant Jerome Barrow responded to Type Orders. His response revealed that Detectives George Redding #2327, John Foster #1863 and Anthony Spencer #936 rented vehicles using other people's identification, specifically Jonathan Sledge, Paul Reynolds and Branden Bryson's. He further stated that the Detectives used the identification card to remain covett, and that detectives got the cards from the unclaimed identification cards at the district. Paul Reynolds and Branden Bryson's identification cards were returned to the unclaimed identification cards at the district.

!

On Friday, September 24,2010, I interviewed Megan of the Cleveland Police Credit Union. She istated that the Cashier's Check (092005411/00421 35220926) payable to the order of was still outstanding.

On Monday, September 27,2010, I interviewed Paul Reynolds via landline (216-651-6901). Hestated that he has not given anyone permission to use his identity and that he is not aware of any criminal activities regarding his identity beyond the scope of this investigation.

On Monday, September 27, 2010, I interviewed Branden Bryson at 9808 Pratt Avenue. He stated that he has not given anyone permission to use his identity and that he is not aware of any criminal activities regarding his identity beyond the scope of this investigation.

Investigation Reveals: The Cleveland Division of Police has a Covert Rental Car policy through . This program is to augment Cleveland Division of Police undercover vehicles. These vehicles will be deployed as surveillance cars only and cannot engage in pursuits or be used as take-down vehicles.

acknowledges and agrees that Division of Police receiving vehicles may use fictitious names that are agreed to in advance by and the City of Cleveland.. The City of Cleveland shall pay for completing all services required under: their agreement an amount not to exceed $45,000.

Initially, the Covert Rental Car program was used only by the Cleveland Division of Police Narcotics Unit. Prior to enactment of the covert rental car policy at the District level, Narcotics Unit SergeantJohn Sotomayor forwarded documents regarding the rental agreement and procedures, including the Nar(:otics Rental Car Policy. While this policy covers many facets of the procedures regarding the rental vehicles, it does not address the actual renting of the vehicles, nor the presentation of your own driver's li<;ense. This last fact was addressed by a 10115/2009 e-mail from Commander Gingell to the D)strict Commanders where he states in pertinent part, "They will need to show their drivers license." (Emphasis added.)

On Friday, February 5, 2010, Detective George Redding #2327 rented a Chevy HHR bearing Ohimplate under the Cleveland Division of Police's covert car rental program from

Detective Redding used Jonathan Sledge's identification to rent this vehicle.

lAU Case #2010-061 Page 4 of7 pages



On Saturday, February 6, 2010, the Daily Duty Assignment with the Daily Duty Report for unit 3V82 reveals that Detective David Sims #1577 was operating the Chevy HHR rented under the name of Jonathan Sledge when that vehicle was issued "Camera" Ticket F003572388 for travelling 47 mph in a 35 mph zone. tracked the ticket to the renter of record for that time, Jonathan Sledge, and the ticket was subsequently issued to Jonathan Sledge. On April 22, 2010, Jonathan Sledge's 1994 Chrysler Concorde bearing ETH8565 was Process Towed as a Criminal Tool (VnJ #2010-06875) in connection with a Violation of State Drug Law arrest. Mr. Sledge was unable to get the vehicle 'out of impound due to the outstanding "Camera" ticket. The vehicle was scrapped on July 16, 2010.

investigated the matter as it regarded to Jonathan Sledge allegedly renting the ticketed vehicle and discovered that the vehicle had been rented through an undercover company associated with the Cleveland Division of Police. On May 10, 2010,

paid the $122 fine (Reference #28529454) and notified the Cleveland Division of Police. On June 1, 2010, the District 3 Vice Unit deposited funds for a Cashier's Check (092005411100421 35220926) for in the amount of$122. Per Megan of the Cleveland Police Credit Union, this check was still outstanding as of September 24, 2010. The check is now voided because it was not presented within 60 days of June 1,2010.

Further investigation has revealed that on October 18, 2009 , Jonathan Sledge was arrested by Patrol Officer Aaron Petitt #101 (RMS #2009-00335784) for Possession of Drugs, Resisting Arrest and Obstructing Official Business. During the course of this arrest, Patrol Officer Pettit states, "He gaye me his identification, which I returned to my vehicle and checked on my MDT." While attempting to take Sledge into custody, Sledge resisted arrest and Patrol Officer Petitt was required to use Non-Deadly'Force to affect the arrest. The Property Book maintained by the Central Prison Unit for this arrest indicates the following property for Sledge during his booking (Bag #49548): "$15.00 laces lighter belt ring lottery ticket." In response to the ID apparently becoming missing while in Patrol Officer Petitt's poss~sion, Officer Petitt vaguely recalled the event after reviewing the RMS report. He remembered arresting Sledge for VSDL, Resisting Arrest and Obstruction; he also remembered Sledge reaching into his waistband, and the need to use Non-Deadly Force (Taser) to take him into custody. He does noFrecall keeping the identification card, and knows of no reason why he would have kept it. Officer Petitt further stated that he was not present when the two-man car (4A3 8) conveyed Sledge to the Central PrisOjl Unit for booking.

Further review of covert car rentals by the Cleveland Division of Police has revealed that Paul Reynolds and Branden Bryson also had their identification cards used by District 3 Vice. There are no other incidents of Cleveland Police Officers using other's identities as part of the covert car rental program.

Per the Type Order response dated August 21,2010, by District 3 Vice Lieutenant Jerome Barrow #8467, Detective George Redding #2327 acquired Jonathan Sledge's Drivers License from unclpimed identification cards at the district. Per Lieutenant Barrow's response, Detective Redding used Sledge'S identification card in an attempt to remain covert when on February 5. 2010. he rented a ChevroletHHR using the Cleveland Division of Police covert rental agreement with

IAU Case #2010·061 Page 5 of7 pages



Per the Type Order response dated September 21, 2010, by District 3 Vice Lieutenant Jerome Barrow #8467, Detectives George Redding #2327, John Foster #1863 and Anthony Spencer #936 rented vehicles using other people's identification, specifically Jonathan Sledge, Paul Reynolds and Branden Bryson's. He further stated that the Detectives used the identification card to remain covert, and that detectives got the cards from the unclaimed identification cards at the district. Paul Reynolds and Branden Bryson's identification cards were returned to the unclaimed identification cards at the district.

Jonathan Sledge, Paul Reynolds and Branden Bryson have each stated that they had not given anyone permission to use their identities and that they are not aware of any criminal activities regarding their identities beyond the scope of this investigation.

Ohio Revised Code 2913.49 Identity Fraud states in pertinent part: (A) As used in this section, "personal identifying information" includes, but is not limited to, the following: the name, address, telephone number, driver's license ... of a living or dead individual.

(B) No person, without the express or implied consent of the other person, shall use, obtain, or possess any personal identifying information of another person with intent to do either of the following:

(F)

(I)

(2) Represent the other person's personal identifYing information as the person's own personal identifying information.


(a) The person or entity using, obtaining, possessing, or creating the personal identifYing information or permitting it to be used is a law enforcement agency, authorized fraud personnel, or a representative of or attorney for a law enforcement agency or authorized fraud personnel and is using, obtaining, possessing, or creating the personal identifYing information or permitting it to be used, with prior consent given as specified in this division, in a bona fide investigation, an information security evaluation, a pretext calling evaluation, or a similar matter.

(1) Whoever violates this section is guilty of identity fraud. (2) Except as otherwise provided in this division or division (I)(3) of this section, identity fraud is a felony of the fifth degree.

Conclusion: Detectives George Redding #2327, John Foster #1863 and Anthony Spencer #936 of the District 3 Vice Unit used Jonathan Sledge, Paul Reynolds and Branden Bryson's driver's licenses to rent vehicles through a Cleveland Police covert car rental plan established with

By using other peoples driver's licenses and completing the rental agreement without permission to use these false identities, Detectives George Redding #2327, John Foster #1863 and Anthony Spencer #936 each fulfilled the elements of Ohio Revised Code 2913.49 Identity Fraud.

lAU Case #2010-061 Page 6 of7 pages


Investi2ative Report

A result of Detective Redding using Jonathan Sledge's Driver's License, Mr. Sledge was unable to get his 1994 Chrysler Concorde out of Cleveland Division of Police Impound, ultimately causing it to be scrapped.

It should be noted that there is no evidence to suggest that the detectives used Jonathan Sledge, Paul Reynolds or Branden Bryson's identification for any personal gain or nefarious purpose.

Recommendation: I respectfully recommend this matter be referred for prosecutor review to determine if there is enough evidence to warrant criminal charges.

Upon completion of the criminal aspect of this investigation, I respectfully request further investigation be completed regarding administrative violations.

"JJtr£,SL _:1---



~ CLEVELAND DIVISION OF POLICE ~ Internal Affairs Unit

Date: 8/11/2010

To: Commander Deon McCaulley Assignment: District 4

Investigating Officer: Sergeant Charles L. DePenti #9963 Phone Line: 216-623~5346

Complainant Name: Jonathan Sledge Reference #: lAU #2010-061

Sir:

It is respectfully requested that the following officers under your command comply with the enclosed order by each submitting a Form-1 report relative to the above matter.

Patrol Officer Aaron Petitt #101

Form-1 reports and originals of within 72 hours of service on the

.

£<plnpllaiIlt must be returned to the Internal Affairs Unit

Respectful~

CtQ~ "l1qrc ~ Sergeant Charles L. DePenti ~99~ .

To: Patrol Officer Aaron Petitt #101 Date: 8/11/2010

Investigating Officer: Sergeant Charles L. DePenti #9963 Phone Line: 216-623"5346

Complainant Name: Cleveland Division of Police Reference #: lAU #2Q10-061

The Internal Affairs Unit is conducting an investigation ordered by the Chief of Police. Please answer the following question regarding the arrest of Jonathan Sledge on October 18, 2009 (RMS #2009-335784):

Per your RMS Report (2009-335784) in connection with this incident, you checked his identification for warrants. After the arrest of Mr. Sledge, his identification does not appear in his property. What did you do with his identification?

You are hereby ordered per Administrative Compliance Rule 2.02 to submit a Form-1 report answering the above question.

Your form-1 report must be forwarded through your commanding officer to the above named investigating officer within 72 hours of receipt of this written order. Failure to submit your report within the designated time period may result in you being formally charged with Insubordination. If your response is deemed incomplete or evasive, you m.ay be ordered to report to the Internal Affairs Unit for a personal interview.

The supervisor serving this order shall immediately return the signed original of this form to the above named investigating officer.

Received By: ¥J Served By: )

By Order Of: Michael McGrath, Chief Cleveland Division of Police

Page 1 of1

Date:

Date:

g -Ie - Co f5ft h&/ (S- ffa -(0 Z:S:({~i'r>tS

I

DIST: 4 ZO/~

EXAMINEDBY ~?CG'l FROM: P.O.Aaron J. Petitt #1011 P1034

DIVISION OF POLICE CLEVELAND, OHIO


RECEIVED AUG! '

August16,2010

TO: Sergeant Charles L DePenti #9963

SUBJEcT:Comaplint Reference # lAU#2010-061 - Jonathan Sledge

COPIES TO: Union Files, District files, Internal Affairs Unit

Sir, On 10-20-09, while assigned to ZIC 4D23 I had the occasion to arrest Jonathan Sledge for V.S.D.L., Resisting Arrest, and

Obstruction. After referencing the report, as I have some recollection of the event in question, I somewhat recall the arrest in question 10 months ago. I recall the male reaching several times into the center consul area, him pushing off of me and fleeing, and him forcing me to use my Taser for my own safety when he repeatedly reached for his waistband in what I believed was an attempt to retrieve a weapon. I regret to inform you however that I do not recall the specifics of the situation as it was not a significant event when compared to his resisting, which ultimately led to a use of non-deadly force.. I have no recollection of keeping the Males ID on my person, and he was no longer in my presence after the scene was secured as he was transported by a two man zone car to CPU where he was booked and housed not in my presence.

At no time do I believe I would have kept the males ID on my person for any reason and not given it back to him and wish I could be of more assistance in helping him recover his lost ID.

ReSpeCtfull~

~ It P.O. Aaron J. Petitt #101

,A t CLEVELAND DIVISION OF POLICE Internal Affairs Unit

Date: 8/17/2010

To: Commander Calvin Williams #6111 Assignment: District 3

Investigating Officer: Sergeant Charles L. DePenti #9963 Phone Line: 216-623-5346

Complainant Name: Jonathan Redding Reference #: lAU #2010-061

Sir:


Lieutenant Jerome Barrow #8467

Form-1 reports and originals of the complaint must be returned to the Internal Mfairs Unit within 72 hours of service on the officer.


C OFC FORM 11·1 CLEVELAND DIVISION OF POLICE CLEVELAND, OHIO


DIST.3 ZONE

EXAMINED BY __ ---""'-"""-===-"-..J<=i:--_ (1Lz(L RANK a/-<I~ FROM J"ieut. Jerome Barrow 111:l4b I TO Sergt. Charles

SljBJECT IAU 112010-061

COPIES TO' Chief's Office / 3rd. Dist. Com. Uffice

Sir: I .. ">

Aug.

De!'enti

21st. , 2UlO

12-02 b - / rJ

119963

Assigned to supervisory car :;SI:lU, this date, Aug. 21st., ZULU, 1 had the occasion to complete this form III in connection with the above subject matter. 1. Det. George,Redding 112:;21. l. In an attempt to remain covert. 3.. F,om unclaimed l.D.' s at the district. 4. Yes. ". Still held by Det. Redding 112327 pending the current investigation.

Respectfully,

CLEVELAND DIVISION OF POLICE Internal Affairs Unit

Date: 8/20/2010

To: Commander Joellen O'Neill Assignment: Extended Ill.

Investigating Officer: Sergeant Charles L. DePenti #9963 Phone Line: 216-623 ... 5346

Complainant Name: Jonathan Sledge Reference #: lAU #2010-061

Sir:


Patrol Officer Kenneth Allen #2449

Form-l reports and originals of the complaint must be returned to the Internal Affairs Unit within 72 hours of serVice on the officer.

Rel[Q. Jk~. (. '3,S~ Sergeant Charles L. DePenti #9963

~ . CLEVELAND DIVISION OF POLICE Internal Affairs Unit

To: Patrol Officer Kenneth Allen #2449 Date: 8/20/201.0


Complainant Name: Cleveland Division of Police Reference #: lAU #2010-061

The Internal Affairs Unit is conducting an investigation ordered by the Chief of Police. Please answer the following question regarding the conveyance and booking of Jonathan Sledge on October 18, 2009 (RMS #2009-335784):

Per your Daily Duty Report dated 1011812009 and in connection with Incident 5784, what recollection do you have regarding Mr. Sledge's identification card?

You are hereby ordered per Administrative Compliance Rule 2.02 to submit a Form-I report answering the above q'uestion. ... .

Your form-I report must be forwarded through your commanding officer to the above named investigating officer within 72 hours of receipt of this written order. Failure to submit your report within the designated time period may result in you being formally charged with Insubordination. If your response· is deemed incomplete or evasive, you may be ordered to report to the Internal Affairs Unit for a personal interview.

The supervisor serving this order shall immediately return the signed original of this form to the above named inv' . ating officer.

Received By:.

Served By:

By Order Of:

Page 1 of 1

Date: ca len ,/10 Date: 't -J- i-I tJ

C OFC 71·1


DEPARTMENTAL INFORMATION olsT.4TH ZONE Ext. ILL

EXAMINEOByL{"/' ,elLA... RANK~?g-A-__ --

FROM P.O. Kennet J Allen III # 2449/AlO05 TO Lt. Bindell

SUBJECT Internal A airs Case # 2010-061, Complainant: Jonathan Sledge

COPIES TO CPPA, Chiefs Office, Internal Affairs, Medical Unit

.:.A::.:u,-,;gu~st:..;2::.:6,-", ____ -"" ,20_10_

f-) /- .20_1°_ ~~-~----~

"I am making this report pursuant to the orders of a lawful supervisory officer. Failure to obey the order constitutes insubordination and punishment for insubordination can be up to and including termination iof employment. Therefore, in order to avoid the charge of insubordination which could result in my termillation of employment, I hereby make this report. In addition, I understand that this report is in the course of an internal investigation and is the result of administrative pressure, threats of coercion to follow orders or face insubordination charges. I further understand that this truthful report or the fruits of this truthful report can not be used against me in any subsequent criminal prosecution."

Question #1: Per my daily duty report dated 1 0/18/2009 and incident # 5784. I have absolutely no re<:;ollection of what became of Mr. Sledge's identification card. I was the driver on the date in question and my partuer was writing and took care of all the paperwork. The duty does state that we assisted a one man zlc in c/w a traffic stop and subsequent arrest, transport to CPU for booking 1 housing. I don't recall what the arrest was for ie ... Driving Under Suspension, DUI, Warrants, etc .. Plus I cant recall to whether he had an ID because I don't have access to Mr. Sledges' booking sheet 1 property sheet 1 bag, to see if one was even put into his property at CPU.

-~---. ..I'1'1Q ,1\, CO"

. Kenneth J. Allen III # 2449/AI005

CLEVELAND DIVISION OF POLICE Internal Affairs Unit

Date: 8/20/2010

To: Commander Deon McCaulley Assignment: District 4


Complainant Name: Jonathan Sledge Reference #: IAU #2010-061

Sir:


Patrol Officer Mister Jackson #874

Form-1 reports and originals of the complaint must be returned to the Internal Affairs Unit within 72 hours of service on the officer.

R~lP '. ~qCo)~ Sergeant Charles L. DePenti #9963

CLEVELAND DIVISION uF POLICE Internal Affairs Unit

To: Patrol Officer Mister Jackson #874 Date: 8/20/2010

Investigating Officer: Sergeant Charles L. DePenti #9963 Phone Line: 216-623 ... 5346


The Internal Mfairs Unit is conducting an investigation ordered by the Chief of Police. Please answer the following question regarding the conveyance and booking of Jonathan Sledge on October 18, 2009 (RMS #2009-335784):

Per your Daily Duty Report dated 1011812009 and in connection with Incident 5784, what recollection do you have regarding Mr. Sledge's identification card?

You are hereby ordered per Administrative Compliance Rule 2.02 to submit a Form-l report answering the above question.

Your form-1 report must be forwarded through your commanding officer to the above named investigating officer within 72 hours of receipt of this written order. Failure to submit your report within the designated time period may result in you being formally charged with Insubordination. If your response is deemed incomplete or evasive, you may be ordered to report to the Internal Mfairs Unit for a personal interview.

The supervisor serving this order shall immediately return the signed original of this form to the above named investigatin /fficer.

Receive d By: "'-----...L.I.'1'<!-"w"--;-;,:-!L'--------,=<ctT----

Served By:


Page 1 ofl

Date: ----:;;-I----'J'-lL' -+--1'-')0'--__

Date: ---..-f..-_~-,-),-",-&_-..!:..J_8_· __

CQFC71·7

DIVISION OF POLICE CLEVELAND, OHIO


mST: 4 ~

EXAMINED BY ~I/* RANKff222-FROM: P.O. Mister A. Jackson #8741 J] 030 TO: Lt. Kane #8446

SUBJECT:Re: Reference IAU #2010-061 (RMS #2009-335784)

COPIES TO: Chiefs Office, Commander's Office, CPPA, Internal Affairs, District Files

Sir,

20

" I am making this report pursuant to the orders of a lawful supervisory officer. Failure to obey the order constitutes insubordination and punishment for insubordination can be up to and including termination of employment. Therefore in order to avoid the charge of insubordination which could result in my termination of employment, I hereby make this report. In addition, I understand that this report is in the course of an internal investigation and is the result of administrative pressure, threats of coercion to follow orders or face insubordination charges. I further understand that this truthful report or the fruits of this truthful report cannot be used against me in any subsequent criminal prosecution. "

Upon reviewing the documents involving this incident, I have no recollection regarding incident whatsoever and specifically I do not have any recollection regarding Mr. Sledges identification.

~ CLEVELAND DIVISION OF POLICE ~ Internal Affairs Unit .

Date: 9/10/2010

To: Commander Calvin Williams #6111 Assignment: District 3


Complainant Name: Jonathan Redding Reference #: lAU #2010-061

Sir:

It is respectfully requested that the following officer under your command comply with the enclosed order by submitting a Form-l report relative to the above matter.

Lieutenant Jerome Barrow #8467

Form-1 reports and originals of the complaint must be returned to the Internal Mfairs Unit within 72 hours of service on the officer. . .

Re~ectf.. ly,

Gu.~ Jettfb'i Sergeant Charles L. DePenti #996

~ CLEVELAND DIVISION OF POLICE ~ Internal Affairs Unit

To: Lieutenant Jerome Barrow #8467 Date: 9/10/2010



The Internal Mfairs Unit is conducting an investigation ordered by the Chief of Police. Please answer the following questions:

1. Which detective(s) rented vehicles through the covert account from on 10/27/2009, 115/2010 (two rentals), 1114/2010 and 2/12/2010 (two

rentals)? 2. Why did the detective (from Question 1) use Paul Reynolds' identification to rent the

vehicle on 10/27/2009 and 4/14/2010? 3. Why did the detective(s) (from Question 1) use Branden Bryson's identification to rent two

vehicles on 11712010 and 2/12/2010? 4. How did the detective receive Paul Reynolds' identification card? 5. How did the detective(s) receive Branden Bryson's identification card? 6. Does the 3rd District Vice Unit still have Paul Reynolds' identification card? 7. Does the 3rd District Vice Unit still have Branden Bryson's identification card? 8. Where is Paul Reynolds' identification card now? 9. Where is Branden Bryson's identification card now?

You are hereby ordered per Administrative Compliance Rule 2.02 to submit a Form-1 report answering the above questions. Answers are to be numbered to correspond to the question. Questions which are not applicable may be answered "Not Applicable."

Your form-1 report must be forwarded through your commanding officer to the above named investigating officer within 72 hours of receipt of this written order. Failure to submit your report within the designated time period may result in you being formally charged with Insubordination. If your response is deemed incomplete or evasive, you may be ordered to report to the Internal Mfairs Unit for a personal interview.

The supervisor serving this order shall immediately return the signed original of this form to the above named investigating officer.

Received By:

Served By:


Page lof1

Date: _-7-I)~-:...:;7:..../ _&_-...:.l_t> __ _ ?

Date: __ 1_-/_0_>-_/_D ___ _

COFCFORM71·1 CLEVELAND DIVISION OF POLICE CLEVELAND, OHIO


DIST. 3 ZONE @ _ . 1;1/0-EXAMINED BY...-- CO

{!j-oL RANK, ___ _

Sept. 21st:,

t(-22-rO

FROM Lieut. Jerome Barrow 118467 TO Sergt. Charles DiPenti 119963

SliBJECT lAU 1/2010-061

COPIES TO Chief's Office / Dist. Commander' Office

Sir: Assigned to supervisory car 3S80, 'this date, I had the occasion to complete

tfiisffonm 31 in connection with the above subject matter.

1. On 10-27-09 "Det. Foster 1/1863 On 15-10 Bet:.. Spencer 11936 & Det. Redding 112327 On 1-4-10 D~t. foster ~1863 On 2,L12-10J}et; Spencer 11936

2, In' an attempt to remain covert. ], In an attempt to remain covert. 4, From unclaimedLD. 's at the district, 6, From unclaimed I.D.'s at the district. 6. No. 7. No.

2010

8. Officers state that they placed back in unclaimed 1.D. 's behind office Window. 9., Same as above.,

Respectfully,

CLEVELAND DIVISION OF POLICE Internal Affairs Unit: Administrative Statement

Date: 11/19/2010 Time: 1025 hours Case: 2010-061

The following is the statement of: Detective George Redding #2327

DOB: ___ _ Age: --

SSN: ____ _ Race: --- Sex: ---Address: ___________________ ___ Phone: ______ _

Employed at: District 3, Vice Unit Job Title: Detective

Detective George Redding #2327 you are hereby being ordered by Lt. Daniel Bernath, at the direction of the Chief of Police, to answer questions under the principles of Garrity vs. New Jersey, 385 S. Ct. 493 (1967) regarding the alleged Identity Fraud by a Cleveland Police Officer.

Q: Do you understand the "Garrity" rights? A: Yes. &(Z,

Q: What fonn of instruction did you receive regarding the rental of vehicles from' as part of the covert rental program?

A: I was just instructed to rent the cars. I was given a credit card with a front company name of to use when renting vehicles from' We would have to rent these

vehicles while we were off-duty, because my city start time was 1900 hours and would close at 1700 hours.

Q: Who gave you those instructions? A: Lieutenant Barrow.

Q: Why did you use Jonathan Sledge's driver's license to rent vehicles for the covert rental program? A: To maintain the covertness of my identification - to protect my true identity as a police officer.

Q: Did you get pennission from Jonathan Sledge to use his driver's license to rent these vehicles? A: No.

Q: How did you obtain Jonathan Sledge's driver's license? A: Through the lost and found at the front desk at the Third District.

Q: Under whose authority did you use Jonathan Sledge's driver's license to rent vehicles for the covert rental program?

A: No one's. I was under the impression that as a police officer perfonning a police function that it was appropriate and legally pennissible to do this.

IAU Case #2010-061 Page I of3 Initials: __ G=--~-2.. __ _

Q: Was Lieutenant Barrow are that you had rented vehicles using ~.0ther's driver's license? A: I am not sure, but we provided the paperwork at the end of the tour of duty.

Q: Did Lieutenant Barrow suggest you use other people's drivers' license to rent vehicles for the covert rental program?

A: Not to me.

Q: Did Lieutenant Barrow order you to stop renting vehicles using another's driver's license? A: We just stopped using the program, he never ordered me to stop using other people's identification

regarding car rentals.

Q: Where is Jonathan Sledge's driver's license now? A: I have it; I went down stairs - and retrieved it from the lost and found after learning of this

investigation. I had returned it to the drawer after each rental.

Q: A:

What do you know about a cashier's check for Our unit was instructed by a deputy chief to reimburse citation. I took the check tc

in the amount of $122? for a red-light camera

Q: Did you at any time believe that you may be violating rules or laws, especially as you were signing Jonathan Sledge's name?

A: I thought that any use of identification would stay within as part of the covert program.

Q: Did you not know that only 3 employees of were aware of the covert program and all other employees of believed you to be actually working for

A: I didn't know that. What I do know employees of and places in general have employees who sell drugs, and may identify me as a police officer.

Q: How long have you worked for Lieutenant Barrow? A: Just over 4 years.

Q: Do you socialize with Lieutenant Barrow while off-duty? A: Not regularly. He has never sat at my house and I have never sat at his house. The only time we have

been at each other's homes is to pick each other up for rides.

Q. Is there anything else you would like to add to your statement? A. There were no bad intentions. I was just trying to do my job and I apologize for any adverse

consequences that arose from this. I will not rent cars using other's identities in the future.

Q. Having read your statement and do you find it to be true? A: __ ,-,!-!-=eL>=--_

Signature: Date: Ii /1 i /1 C Detective eorge Reddmg #2327

IAU Case #2010-061 Page 2 of3 Initials: _--=6'--R.. ___ _

Witness: ~JL~~ ~ 2 RelationshiplID# 9'7. Date: [{ - 1'1 -2.o( 6 Sergeant Rybar

Witness: ~~t RelationshiplID# ~ Date: / (-fer-fo (; Pa D'Angelo

Witness: (}J!/b-L- RelationshiplID# 6' -.sy Date: /(~~~L~. De;l6cdve Follmer

Taken By: Sergeant Charles L. DePenti #9963 CJJO ~tf~) I Sf Statement taken at: Internal Affairs Unit Statement Room

Date: November 19, 2010 Time Completed: 1125 hours ~~~~----------

C OF C 71-2169

IAU Case #2010-061 Page 3 of3 Initials: ___ C ___ f(_~ ____ _

CLEVELAND DIVISION OF POLICE Internal Affairs Unit: Administrative Statement

Date: 11/18/2010 Time: 1310 hours Case: 2010-061

The following is the statement of: --'A:.::.::n:..::tc:.:h"'oco:n"'Y--'S::cp=en=c.:::er:::....:..:#-.::9-'='3-'='6 ____________ _

DOB: ___ _ Age: -- SSN: ____ _ Race: --- Sex: ---Phone: Address: ____________________ _ -------

Employed at: Cleveland Division of Police Job Title: Detective

Address: District 3, Vice Unit Phone: ______ _

Regarding the investigation of: --'I::.;d::.;e::.:n:::.t:..:i.;:,tY"-=F...::r"'a:.:u:..:d=-________________ _

Detective Anthony Spencer #936 you are hereby being ordered by Lt. Daniel Bernath, at the direction of the Chief of Police, to answer questions under the principles of Garrity vs. New Jersey, 385 S. Ct. 493 (1967) regarding the alleged Identity Fraud by a Cleveland Police Officer.

Q: Do you understand the "Garrity" rights? A: Yes. II. S

Q: What fonn of instruction did you receive regarding the rental of vehicles from as part of the covert rental program?

A: There was nothing fonnal or in writing. We were prepped that the program would be open to us. There would be one person who worked at the rental car place who would know who we were. We were told that we were to rent vehicles from from the office located in the area

We were asked by Lieutenant Barrow from where we would like to rent the cars, and that was the office we selected. I do recall that we were part of a "front" construction company. We did use some type of credit card to pay. Lieutenant Barrow gave us our instructions regarding the rentals.

Q: Why did you use Branden Bryson's driver's license to rent vehicles for the covert rental program? A: Just to have an ID in my hand. I did not trust the employees of . to know my

actual personal infonnation while I was renting a vehicle for covert operations. When I am undercover I don't want anyone to know who I am.

Q: Did you get permission from Branden Bryson to use his driver's license to rent these vehicles? A: No.

Q: How did you obtain Branden Bryson's driver's license? A: There are always ID cards in the downstairs office - lost IDs, etc. I just went down there and picked

one.

Q: Under whose authority did you use Branden Bryson's driver's license to rent vehicles for the covert rental program?

IA U Case #2010-061 Page 1 of3

('.

Initials: ---'l{~-,-' _-'--__

A: No. I am not sure how w~ ..;ame up with the idea. I was doing it as a police officer doing a police function. I had used cards from there before when working under-cover and having to enter clubs. To me, I could have just made up the name, it would have no difference to me. I did not know that it was against the law.

Q: Was Lieutenant Barrow aware that you had rented vehicles using another's driver's license? A: I am sure he had to be. I turned the rental paperwork into him, and it had Branden Bryson's driver's

license information and my signature of his name.

Q: Did Lieutenant Barrow suggest you use other people's drivers' license to rent vehicles for the covert rental program?

A: I am not sure where it originated from. We thought it was an OK idea.

Q: Did Lieutenant Barrow order you to stop renting vehicles using another's driver's license? A: I am going to say that we could not rent vehicles anymore.

Q: What do you know about a cashier's check for in the amount of$122? A: Once we found out that we had a red-light ticket we tried to pay it. Every-one sort of pitched in, I

believe I gave $20.

Q: Where is Branden Bryson's driver's license now? A: It is on the counter near the lobby window at the district.

Q: Did you at any time believe that you may be violating rules or laws, especially as you were signing Branden Bryson's name?

A: No.

Q: A:

Did you know that only 3 employees of ' No. I only thought there was one.

Q: How long have you worked for Lieutenant Barrow? A: About 5 years.

Q: Do you socialize with Lieutenant Barrow while off-duty? A: No.

Q. Is there anything else you would like to add to your statement?

were aware of the covert program?

A. At no time did I have intentions to commit a criminal act. I apologize to my district and the Cleveland Police for the embarrassment - it is embarrassing to me.

Q. Having read your statement and do you find it to be true? A:

Signature: ~ ~J\AI ~ ~ny Spencer #936 Date: \ \- \1., \ 0

IA U Case #2010-061 Page 2 of3 Initials: __ '2-{\,""S::.." -'--__

Witness: --,l~)u---~· uJ.=-':':'-:' ~",:-.• '-7":s:-:;::; .... ~~C'J Relationship/ID# _7-'.·--,CZ--,{c:..( __ Sergeant Rybarczyk

n , I "

\~y<)\,," Witness: Relationship!ID# __ ~j_fu.L· -'I.,L---

Pat D' Angelo

Witness: Ji~:t- Relationship!ID# ([ j'4'

Taken By: Sergeant Charles L. DePenti #9963 C)l.!o{N~~:)/:Ft-'

Statement taken at: Internal Affairs Unit Statement Room

Date:

Date:

/f-I"i·z..O(C,

i I (, /11 1-/ J

Date: /1/';- /(;

Date: November 19, 2010 Time Completed: l355 hours ~~~~~------

C OF C71-2169

IAU Case #20 I 0-061 Page 3 of3 f\.. c.,

Initials: _-'.\l;.>....::.-. V"-''--__

'-' •• T VI" .... Lt:VI::LAND, OHIO NOTICE OF LIABILITY

C.O. 413.031

Notice D~te: 0~122l10

RenterJJ,.essee Information

SLEDGE JONATHAN ~ 1490 E 193 ST APT.627 EUCLlD,OH 44117

A rentail1easing oom~nyhas ~ ~Qn mal you .... -ere In _ion of lhephO!Ographe<l_ ~ vlOIaIed lI1!! Cityo! Cleveland Godiflod Orolnances on 11\. dal!l and tim. lisle<! below,

NO POINTS WILL BE ASsesSED AGAINST THe REGISTEReD OWNEIl OR THE DESIGNATeD OIlIVER FOR THIS TICKET. On !he ~ at.,,", nottco you will firnJ d.!Oiied i_ ~ng payment 0' 'Jokel oc!ucicatlon.

YOUIl AIISWER TO THIS NOTICE MUST BE RECEIVED ElY THE PAYMENT DUE DATE LISTeD BELOW. Failure to pay thi fine or otherwise answer ~ 20 ~ of 1:I'la notice datt In ~ m~r and within the time required is an :adn.i$sofon.of !ialility. This 'hilt i!1so eu.!~ tn additional penah1es and the loss of your light to a ~ If you have quQStions

. regarding this ticket. please oaH Cleveland Parking 'l{kjatiOl'..s Bureau, Photo Safety Division at 216·664-4744,

Reviewing Police Officer: *" 7<>/ ,4!r';;:;;' Badge Number: 901

ricket Number: F00357238a Registration: OH

'aymentIHearing Request Due Dete: Q4I111Z010

'jne Amount Due: $100,00

~LEDGE JONATHAN 1490 E; 1S3 ST APT.627 WCWD,OI; 44117

Notice Date: 03122110

.--.".----:----:-:--:---..,.-:..,.--:-'- -You may vie1va fUi1 color V'erslor: c! l!"le .... iOlnVOr: iBlHI}Q ill

h11p:1Iv{Y(w.pubUc,cite-web.col71

CTIa!',(ln N\.rnber 0,357.38 I

A Public Safety PrDgram r;rf tre C?!)r of Cleve/and

Ilil\lmlelilllll~g SLEDGIEJONATHAN 1400 E 193 5T APT.527 EIJCLlD,OH 4411 i

ern Of eLF-VEl.ANl) P ARKlNG nOLA TJO'\S Bl.iREA l'

PHOTO SAF}~TY 1)1>15)OK OFFJCE OFTHE CJ,ERK OF COl"RT$

JUnlCE CENTER - LEVEL T";O J 200 ONT.~ Rl 0 STR EET

CLEVELAKD, OHIO 44113 PHOT\'E(216) 664-4744 FAX 12)6) 66-1-1i}6

www.cle\.ciar.ldparkingtich~t}.com

OM EPG9031

ii L ____ · .

Date 04/23/10

I 4;:1011300040

111tll~Uf. 1_ SI:J.O 00

You have been ideT)tjfied as the renterllessec. of Ihe vehicle citod in tile photo in£ .. ctio!l{s) listed belo\\' ;rnJ ill!" failed to respond to the Notice of Liability sent tt) you. Your fuilure to respond has l'C$ulted in an addiliunal $20 penally being assessed againgt you.

DO NOT DISREGARD THIS NOTICE. Continued failure to ~atisfy this maner will result in an additional )4!l.(X fee being assessed .gain.~t you.

iOS:5BPM \l:i70f . Tll1Ie

S 1>0 . \

11 TH}: is un 3ttempt to colJee; fines and fe~s owed to the City ufClc,.ianj, Due '0 your failure 10 ""pond i\l th" first nq:~.ficiiiiQl'i;_.Ym=,-b.~yeJ.orfe1t.e.d your right to appeal. For morc. inr(x~iatjn-n you--musl CI"\nt2~t Ih" Pilrkin~ Violation Burea", Photo Safety Division at (2[6) 6M-47·H.

__ ..... , ..... , ..... ~§T~~.~s..!:?J.!r.~ ~~~.~~~~ ..... . R~MN THIS PORTlO~ WI'TW vOUl'! P.AYtefr

fla'e 04/23/10

SLEDGE JONATHAN 1490 E 1935T APT.527 EUCLID, OH 44117

--'-- --PAYMENT PROCEDURt;S

1. On the web .it 'NYJW.Cle\l~laf1dphotos~lety,tom 2. &/ tefephQne at 2-;e-664--A744

OH fPGS031

l

3. Make Eanl( ctcmws cn~Mc~ OtGf,; r~ Itl: City 01 Gl'~lill~ 4. Wri:e )'Ourfii;;:ket~on yOLlrpa~

-I

PleaC4 J'qQ'W' ~ wil ~.e S25.rae loran~ checks ---'- ___ .-1

i 4JOl13C(!O.:lll

• •

Wissman, Christopher J

From: Sent: Monday, May 10,20105:49 PM To: SubJect:

Burr, David C; Conrad, Kelleree A; Wissman, Christopher J FW: Payrrent Confirmation.

I paid the ticket! Here is the confirmation

From: [email protected] [[email protected]] Sent, Monday, 'May 10, 2010 5,46 PM TSO,: . 1, f"

UDJect: Payment Con 1r.mat20n.

The office of Earl B. Turner, clerk of the Cleveland Municipal court, would like to thank ~,","",";...r-'!!!!'t!~""""il!>..l:ieb ,

Dace, 05/10/2010 Time: 5:46 PM Reference Number: 28529454 Amount Paid: 122.00

lngle Item Method, Visa Credit Card: ******** Registration: Document Numb Document Type '----

1

CAR REQUESTING TOW:

CLEVElAND DIVISION OF POLICE VEHICLE IMPOUND UNIT TOW RECORD

! / - 3!5{~; DATE:

'~-) ? ';'. tl r Ij l,3 () :.....V,U

D(j:::?J TIME OF RECOVERY: ______ ~,-=-_=~'~-"'_,f __

REASON FOR TOW: (Check): 0 Stolen 0 Probable Stolen

~o;ther: " ,

OJunk On-Street DRush Hour OAccident OAbandoned [YArrest 1 T! '- 'Y'j", ~,,- (CU['I)' L ~ 7'C/t.-A-, . .z-~ ._ 3 7 .:

o Other: .)«;PROCESS (Check Reason): OVIN 0 Prints 0 Photo

VEHICLE TOWED FROM: ...:./...:./1...:.7_11,-,1_' v::..' --"':::'::-"/-" ,;;_! 'L/--'.I1-" Ltl_____ VEHICLE TOWED TO: __ ---"'/ _____ --''-_1 c...;:z._~ __

COMPLAINT NO.: ____________ TICKET NO.:

HOLD FOR OFFICER: __________ #_' ____ '--~ . f 7 CAR NO.: RECOVERY ZONE: <-,

VEHICLE IMPOUNDED BY: ____ -.,-_-------------- # /S'W CAR NO.: L:/f!Cf DESCRIPTION Of VEHICLE

YEAR: 9(1 MAKE: =-=_,~ccJ.,./,..c.;;.::e,:_":_,, -: MODEL: __ C="::..k-=t..::.'_ STYLE: ____ 02Dr )kr4Dr

LICENSE PLATE: _.,---=5::."'_' !..T'-!;...I"'-f_··~6'_',"'::;,_· ",{)_. _' __ TYPE: STICKER # ____ _

VIN. NO.: >< ;~.- .::~r f::" L,5" }r ,if t~~ /.} / !- L/ C; ,At-- / 123456789Wl112UM016D

V -C·J~JD!T!O.I\j: DD;..i\iab!e-- .[JDan-'3g~d:::- DBumed _ D-Stripped. ~ wilt -Roll_nothe[~ .i'

Color

STATE: _____ _

MISSING PARTS (Check if Missing): 0 Wheels 0 Battery 0 Radio 0 License Plate(s) o Engine 0 Transmission 0 VIN Plate

Other: ___ ~~--------------------'-------------------METHOD OF THEFT: }1column Peeled 0 Ignition Punched o Other:

OWNER'S NAME: ___________ ADDRESS: _~ ________ TEL NO.: ____ ---

SUSPECTS INFORMATION _________________________________ _

PERSONAL PROPERTY~_~ _____ -----------~------------------------RECOVERY REPORT MADE BY: NAME __________________ BADGE NO.: _____ _

,

I~,'",:!.,J-.,,', u C& DISPATCH PRO~E~~Ci 63SS 010'0 TOWING AGE~JCY: _-,-..c--.!,''-'-;~'--___ TIME ORDERED: -'/j?'! ARRIVED: ___ COMPLETED: ___ ,---

ADDITIONAL CHARGES (Check): ___ Hr. Labor 0 Pin-Pull 0 Winch 0 Dolly 0 Other: _________ __

COMPUTER CHECK FOR STOLEN BY: T" ______ -'~'_'<-''''rl..:;~''''·::.., __ # /5'I./"j DISPATCHED BY: /-;:;lll COMPUTER ENTRY BY: l,Jj if CCN NO.: ________ VIU LOG ENTRY BY: ---.7, :',,0'--'+. "'---

OWNER NOTIFIED BY: # TIME: DATE:

VIU PROCESSING MAIL SENT ON: _____ BY: __________ AFFADAVIT MADE ON: _______ BY: _____ _

AFFADAVIT SENT TO BMV ON:_, _____ _ AFFADAVIT SENT TO TITLE BUREAU ON: __________ _

PHOTO NO.: JUNK LIST DATE:

RELIEASE GENTLEMEN: YOU ARE HEREBY ORDERED TO RELEASE THE BELOW-DESCRIBED VEHICLE TO THE OWNER OR HIS AUTHORIZED

REPRESENTATIVE

yEAR: ______ MAKE: _________ MODEL: ________ L1CENSE NO. _____ _

TITLE NO.: ___________ VIN NO.: ______________________ __

OW~IER: __________________________ DRIVER'S LICENSE NO.: ____ _

ADDRESS: TELEPHONE NO.: ________ __

DATE RELEASED: ______ SIGNATURE: '-________ ~ ________________ _

RELEASED iSSUED 8Y: # --------------------------------------~--------------- ----------------------

CLeveLand POLice Departm~nt PL0998S1 8/23/10 ,rk with Impounded Vehicle

, ,U,n,c,l,a,i)ll,e,d, ,I)llp,O,u,n,d,e,d, ,V,e,h,i,c,l,e, ,E,n,t,ry, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,P,L,O,9,9,7,S,1, , , , ORI #: OHCLPOOOO CPD Impound #: 201000006875 Veh. ID#: 8533791

Tow Date: 4/22/2010 Release Date: , , Towed By: 06 Kuffner Reason Towed: , ,Make: CHRY Model: CNC Style: 4D Year: 1994 , , Type: PC Plate: ETH8565 State: OH Ohio Year: 2010 "Owner: SLEDGE,JONATHAN,B,

City: EUCLID State: OH Zip: 44117

Impound Notification By: Person Notified:

Phone Post Card -Date:

Cert. Mail Time:

~~----------------Disposal Processing: -------Cert. Mail: Date Sent 1.: By: Return: Affidavit... 2.: By: Return: To Ttle Bur.: Ret: Resun;-- R~e~t~:-------

To BMV: -------- Ret: Resub: -------- Ret: Junk Dealer: ~P~S~C77~L~OMT-2 Misc: ~~~~-=---------------

Date: 7162010 Photo#:

: :F,3,=,E,x,i,t, , , ,F,5,=,R,e,f,r,e,s,h, , , ,F,1,2,=,C,a,n,c,e,1, , , ,F,1,3,=f\.,c,c,ep,t, ,C,h,a,ng,e, (,s,l, , , , , , , , , , , , , , , , , : :

+

ImRounded Vehicles Maintenanc~. PL0998S2

ORI #: OHCLPOOOO VIU NDr 201000006875

Dispatcher Nbr: D124 MIDDLETON, DAWN, Req Off: 1544 MCLAIN, PAT Towed Date: 4/22/2010 Time: 34 Unit: 4F19 Arrival Date: Time: Elapsed Time: Owner Notified (VN) '? N Date: Notified: Released Date: - Time: Released By: Type Of Tow: 1 (I-Police 2-Private 3-Commercial 4-Drive-In 5-Repo) Place Of Tow: r (I-Public Property 2-Private Property)

License Type: PC License #: ETH8565 VIN: 2C3EL56T3~4681

Make: CHRY Model: CNC Style: 4D Plate Owner: SLEDGE, JONATHAN,B, VIN Owner : SLEDGE, JONATHAN,B,

License St: OH

Year: 1994 Plate: Address: 1490,E, Address: 1490,E,

Lic Year: 2010

ETH8565 193RD ST APT 627 193RD ST APT 627

Location Of Vehicle: =1=2~4=1~4L'L,~GA~YL,~A~VL' ______________________________ _ Cross Street: , , ,

F3=Exit F11=Vehicle F12=Cancel

UK~ W: OHCLPOOOO VIU NDr 201000006875

Condition: Driveable X Damaged X Burned Stripped Damage Desc.: COLUMN PEEL!D,360 s/D,FT END DMG7WINDSHIELD SMASH

Tow Elements: Dolly Wheels Flat Bed Towed By: 06 Kuffner Labor-(HHMM): Remarks: P~SS PER LT HOLMES (8441) Parts Mis~s~l~n~g~:~~~B~a~t~t~e~r~y~~~~R~a~d~l~a~t~o~r

VIN Engine Other:

Reason For Tow:

Link/Dis Winch - Towed To Lot: L2

Radio/Tape Transmission

AIC WheeTs

Lot 2

Parkg Vio Rush Hour Exp PIts Fict PIts Accident Hit Skip Stolen Susp Stol

Spl Event Process X

Abandoned- Junk Arrest X Hold Other X PAY PER 9935- Hold ReTease Date -6/23/2010 IncompT Tow Drlver Name Drlver SSN

Prg Vio #: TKt #: --""""v""l"'o""""D"'e""s""c"": -P ... A .... y ... -P"""ER 9935 Detectl ve: Process Reason: G C ------- + Crlme VSDL/ARR

F3=Exit F12=Cancel- - - - - - -

39G0181, ,

39G0181 39G0181

39G0181

39G0181

39G0181 39G0181 39G0181

(\CI0""L J'-'\ \ \.~

1&Ittll~tlil! 11/2/2009

1- 12/2/2009 'd11'J .,~; , 1218/2009

i1ii!\JilQ);§w . 6"" . '"''''r'w.~''''' ri~~I",":r,.,f@" ,:;>:'f,j~'&~-::$!t~ 12114/2009

k~".:;;'~l,~·'."'\'f;V;:/"'W '''(,JilO!il~i8~' b:s.vf6':i§:t',;.?ft,l\'W·

1/5/2010

1/20/2010 2/8/2010 2/8/2010

\) \2..\ v2 ~::.. 8' \ (AI

11/18/2009 16 650 479.88

12/4/2009 2 97 89.98 12111/2009 3 191 119.97

12/19/2009 5 143 224.95

1/19/2010 14 486 449.9

218/2010 20 1386 599.85 211212010 4 234 159.96 2/1212010 4 200 159.96

!\A.O~T )

Traina, WIlliam

From: O""nmond. Domat San" Thursday. October 15, 2009 2:27 PM To: Tube, Thomas: Train&. William

SUb)e<:l: FW I announeement to !he D~bicts of tho City or Cleveland Police Department

Blny,

Please review and remember yOU are the point of contact for district 5.

from: Gingel, Gary SeI1tI ThltSday, Ottobe>' 15,2009 2:19 PM To: Mct:artney, Thomas; Sulzer, Keith; WlnlarTlSJ calvin; Rich, Roy; Drummond, Oomat

> t:C; Toniba, EtfIAarA' J.Wfernan. £li'mtI; Sotomayor, John Subf<IW FIN: announcement to the OistriCll! of the ely of Oev.l$Od police Department

CMOR's.

John Sotomayor has )QUI" rental cards, Each Dlstrfct ha$ it$. own account numbs". Th$$e accounts are COVERT. They are under .; - ,- . , Each DIstrict and ass hie a different name. The below Iia.ted account manaaeNi. -. - '. - .. ara 8Wi!1'$ Of the covert nature of

this accOunt .anCiln lad set it up for us. Reservations. must also be made thrOUgh Onca the teseJVstion isthe sat the detectfves will proceed to the -'-- IOoation most convenient fD them.

To:avoid c¢nfusion we n88d the Commandet to-CIe$ignate a poirt percon to h$ndle the rentals- Admin Sgt, Vice Sgt etc. Please fotWlItd the name contact numb$rlQ $gt Sotomayor and he will maka eontactwlth your designe8 to give !'lim your cards ~nd answer any questions. W. have three cards for each Distrtct. 1 for use and two back-Up.

/J.nj questions call or l!HT1aH me. Thanks.

(Years agQ II'\G City had this progam In place wll'I _ .. _ The guys abused It One problem was they would tGnt, (:8f to use for 2 or 3 day, and keep it fOf months while the b~ls piled up. Our goal is to b& able to continue this projectaftel' the initial money runs out.)

G,G.

DIST: ZONE

.& ">... -iAA~ EXAMINEDS '~. un

Division of Police CLEVELAND, OHIO

DIVISIONAL INFORMATION June 10,2010

[r-SO-IO

FROM: Bruce Handke, Capt. 6518 TO: Calvin Williams, Commander

SUBJECT: Investigation of Vice Detectives Use of Undercover Enterprise Rental cars

COPIES TO: Chiefs Office, Third District Files

Sir:

On June 2. 2010 ,while assigned as Third District Support Captain, I was assigned by Cmdr. Williams to conduct an investigation into the use of Third District Vice Unit. Specifically the rental by Vice Detectives allegedly using another individuals drivers license as identification.

I received ... mail copies from Cmdr. Williams (copies attached) that indicate previous investigation has been conducted relative to this matter by Sgt. Sotomayer and forwarded through Lt Heffernan of the Narcotics Unit to Commander Gingell and Deputy ChiefTomba. On June 3, 2010 I contacted Sgt. Sotomayer, met with him, and Iearoed the following:

On three occassions, 10120/09, 2/4/10 and 21511 0 , • vehicle was rented from the under the Cleveland Police Covert program. The Detective renting the vehicles used the name and presented the Drivers Lie. of a Mr. Jonathan Sledge. I also received from Sgt Sotomayer copies (attached) of the signed rental agreements on each of the above mentioned rentals. Sgt Sotomayer informed me that the Detective renting the vehicles has been identified as Dct. George Redding #2327, assigned to Third District Vice Unit. Additionally I learoed that this matter came to Sgt Sotomayer's attention when ~ - " contacted him after they received a letter of complaint (copy attached) from Mr. Jonathan Sledge. This letter alleges that Mr, Jonathan Sledge had his personal vehicle towed and subsequently discovered that he was being charged with a speed camera violation which occurred on 216/10 from pole camera located at 4701 Chester WE, on a rental car which he did not in fact rent. Investigation reveals at that time and location the vehicle in question was actually being operated by Det. David Simms # 1577. I further learned that _~. . paid the violation for Mr. Sledge's speed ticket in the arnmount of $122.00. Lieut. Barrow indicate, rental was rehnbursed for this payment by official bank check #00522092 dated 6/l/2010 (copy attached) with personal funds collected from Third District Vice Unit members.

On June 3, 2010 Ie-mailed & forwarded a copy of an order to Lieut Barrow to complete a form one and have Detective Redding also complete a form one detailing their actions regarding the rentai of these vehicles and the use of Mr. Sledge's Identification.

I have not received the ahove requested form one reports.

On June 23, 2010 I conferred with Cmdr. Williams and learoed that further investigstion will be conducted by the Integrity Control Section.

AGREEMENT BETWEEN

THE CITY OF CLEVELAND DEPARTMENT OF PUBliC SAFETY

AND

To provide Rental Cars for the Department of Public Safety

This Agreement is entered into as of this day of

___ -,-__ -" 2009 ("Effective Date"), between the City of Cleveland ("City"),

a municipal corporation of the State of Ohio, through its Director of Public Safety

("Director"), under the authority of Cleveland Codified Ordinance Section 135.45, and

("Contractor), authorized to do business in Ohio and with principal

offices located at 24690 Sperry Drive, Westlake, OH 44145,

RECITALS:

1. The City desires to rent vehicles on a rotating basis for use by the

Division of Police for special operations for a pilot program.

2. The Contractor is in the vehicle rental business and proposes to

provide City rental vehicles that meet City's needs through its Business Rental

Program.

3. The City finds Contractor's proposal acceptable and desires to hire

Contractor to furnish such services under the terms, conditions and provisions

contained in this Agreement

In consideration of the payment and the mutual promises contained in this

Agreement, the parties agree as follows:

ARTICLE I. SCOPE OF SERVICES 1. By executing this Agreement, the City accepts and Contractor agrees to

provide City on a rotating basis with unlimited rental cars selected by City from

Contractor's offerings for use by Oty's Division of Police for special operations under

the offerings, terms and conditions contained in Contractor's Proposal attached as

Exhibit "A" and expressly incorporated herein.

3. Contractor understands and agrees that any authorized Division of Police

personnel may use any of the rental cars and any one particular car mayor may not

be assigned to anyone particular Officer. Division of Police personnel that receive

vehicles from Contractor shall sign only as needed to acknowledge receipt of vehicle

from Contractor.

3. Contractor shall maintain adequate records of services performed for City

under this Agreement and will comply with all record keeping requirements required

by law or audit standards.

4. Contractor shall submit all reports or records regarding services

performed under this Agreement that are requested by the Director.

5. Contractor shall not perform any services in addition to those stated in

this Agreement without the express prior written approval of the Director, and only

upon certification of funds sufficient to pay for the cost of the additional services.

ARTICLE II. TERM

The term of this Agreement shall begin upon the Effective Date entered

above and shall expire six months later, unless extended by the City or unless sooner

terminated under the provisions of this Agreement, or upon exhaustion of all funds

certified to this Agreement, whichever shall occur first.

ARTICLE III. COMPENSATION

A. The City shall pay Contractor for completing all services required under

this Agreement an amount not to exceed Forty-Five Thousand Dollars ($45,000.00).

Contractor shall bill City on a monthly basis for services performed and at the rates

contained in Exhibit A. No other charges shall be billed Oty without the Oty's express

written agreement.

38725-1 2

B. The aty shall pay Contractor after the Director approves Contractor's

verified billing. The billing must itemize the services to the date of the billing and

show the total amount of the billing less any prior payments. If the billing is

unacceptable, the City shall inform Contractor why the billing is unacceptable and

what needs to be corrected. Approved billings will be paid by City within 30 days after

receipt. Approval shall not be unreasonably withheld, conditioned, or delayed.

C. No approval given or payment made under this Agreement shall be

conclusive evidence of the acceptance of performance under this Agreement either

wholly or partially, andno payment made under this Agreement shall be construed to

be an acceptance of defident or unsatisfactory work.

ARTICLE lV. ADDITIONAL TERMS AND CONDITIONS

The additional terms and conditions contained in Exhibit.B attached hereto

are I ncorporated herein.

ARnCLEV. RECORDS AND CONFIDENTIAliTY

Contractor shall keep this Agreement, related records, and fictitious name

information confidential and shall not release it to anyone without the prior express

written consent of the City. Contractor shall immediately notify City in writing of any

risk of, impending, or actual breach of confidentiality and fully cooperate with City to

lawfully prevent or rectify any such breach.

ARTICLE VI. CONTRACTOR'S INTERESTS

Contractor states that it presently has no interest and shall not acquire any

interest, direct or indirect, that would conflict in any manner or degree with

performing the services required in this Agreement. Contractor further states that no

person having any such interest shall be employed to perform the services required in

this Agreement.

ARTICLE VII. EQUAL OPPORTUNITY

This Agreement is a "contract," and Contractor is a "contractor" within the

meaning of Chapter 187 .of the Codified Ordinances of Cleveland, Ohio 1976 ("C.O.").

During the term of this Agreement, Contractor shall comply with all terms, conditions,

and requirements imposed on a "contractor" in the Equal Opportunity Clause, Section

38725-1 3

187.11(b) e.0., attached as Exhibit "Cn and made a part of this Agreement. A copy

of this clause shall be made a part of every subcontract or agreement entered into for

goods or services and shall be binding on all persons, firrns and corporations with

whom Contractor may deal.

ARTICLE VIII. WORKERS' COMPENSATIONiSOCIAL SECURITY ACT

A. Worker.s' Compensation.

Contractor shall, at all times during the term of this Agreement, subscribe to

and comply with the Workers' Compensation Laws of the State of Ohio and pay such

premiums as may be required under these laws and save the City harmless from any

and all liability arising from or under these laws.

B. Independent Contractor.

Contractor is and will remain an independent contractor for all services

performed under this Agreement and shall accept full and exclusive liability for the

payment of any and all contributions or taxes for social security, unemployment

insurance, or old age retirement benefits, penSions, or annuities now imposed or may

later be imposed under any state or federal law that are measured by the wages,

salaries, or other compensation paid to the workers. Contractor shall also obey all

rules and regulations and meet all lawful requirements that are now or may later be

issued or promulgated under these respective laws by any duly authorized state or

federal officials. Contractor shall indemnify and save harmless the City from any such

contributions or taxes or liabilities.

ARTICLE IX. ASSIGNMENT PROHIBITED

Contractor will have the right to assign its interest in this Agreement to any

entity wholly owned or controlled by Contractor or its parent corporation, or to a

successor by merger or consolidation, or to any entity that acquires all or substantially

all of Contractor's assets or stock. Contractor shall promptly give City written notice of

any assignment of interest in this Agreement. . Contractor and its assigns will remain

liable for the performance of the obligations of Contractor pursuant to this Agreement.

Any other assignment will require Oty's consent, which consent will not be

unreasonably withheld, conditioned or delayed.

38725-1 4

ARTICLE X. GOVERNING LAW AND DISPUTES

This Agreement and the rights and obligations of the parties under it, shall be

governed by, and construed according to the laws of the State of Ohio and theClty of

Cleveland. The parties shall engage in good faith attempts to resolve any dispute

before any claim or suit arising out of this Agreement may be filed in a court of

competent jurisdiction.

ARTICLE XI. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement of the. parties and is intended

as a complete and exclUSive statement of the promises, representations, negotiations,

discussions, and agreements that have been made in connection with the subject

matter of this Agreement. No modifications or amendment to this Agreement shall be

binding upon the parties unless the same is in writing and signed by both parties to the

Agreement. No other agreement(s) shall be valid to bind City or its employees that

use the cars rented from Contractor under this Agreement.

In the event of any conflict between this Agreement and any Exhibit hereto, the

terms of this Agreement shall govern.

ARTICLE XII. RESPONSIBILITY FOR INJURIES OR DAMAGES

Contractor assumes the risk and responsibility for injuries or damages caused

by or based upon any injury or damages to persons or property arising out of an

error, omission, or negligent act of Contractor. Further, Contractor waives all claims

against City for any damage to or loss of Contractor's vehicles used by City under this

Agreement. This Article shall survive the term of this Agreement.

Except as qualified by the damage waiver included in the rates quoted in

Contractor's Proposal and any other provision of the Proposal (Exhibit "A"), City

assumes the risk and responsibility for injuries or damages to persons or property

caused by City employees using vehicles rented by City under this Agreement

whether the employee uses the vehicles on-duty or off-duty in an authorized or

unauthorized way. This responsibmty extends only to Contractor; no third party

beneficiary is intended or should be construed to exist under or in connection with

this Agreement.

38725-1 5

ARTICLE XIII. SUBCONTRACTING

Contractor shall not subcontract services under this Agreement without the City's

written consent. The giving of any consent to a particular subcontract shall not

dispense with the necessity of obtaining consent to any further or other subcontracts.

Subcontracting, if permitted, shall not relieve Contractor of any of its obligations

under this Agreement. Contractor shall be and remain solely responsible to the City for

the acts or faults of any its subcontractor and of its subcontractor's officers, agents, and

employees, each of whom shall be deemed to be the agent or employee of Contractor

to the extent of its subcontract. Contractor and any subcontractor shall jointly and

severally agree that the City is not obligated to payor to be liable for the payment of

any sums due to any subcontractor.

Nothing in this. Agreement shall be construed to create any third-party

beneficiaries under this Agreement.

ARTICLE XIV. DEFAULT OF CONTRACTOR

A. Events of Default Each of the following shall constitute a default by

Contractor:

38725·J

(1) Contractor becomes insolvent, makes a general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy or consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property;

(2) By order or decree of a court, Contractor is adjudged bankrupt or an order is made approving a petition filed by any creditors or, if Contractor is a corporation, by any of the stockholders of Contractor, seeking its reorganization or the readjustment of its indebtedness under the federal bankruptcy laws or any law or statute of the United States or of any state;

(3) A petition under any part of the federal bankruptcy laws or an action under any present or future insolvency law or statute is filed against Contractor and is not dismissed within 30 days after the filing;

(4) Contractor voluntarily abandons, deserts, vacates, or discontinues its services required under this Agreement;

6

B.

(5) Contractor fails to pay promptly any monies required under this Agreement to the City within 10 days after receipt of written notice given in accordance with Article XV; or

(6) Contractor fails to keep, perform, and observe any of the terms of this Agreement and this failure continues for a period of 10 days after receipt of notice from the City, except when

. fulfillment of its obligation requires activity over a period of time and Contractor has commenced to perform to the satisfaction of the City whatever may be required for fulfillment within 5 days after receipt of notice given in accordance with Article XV and continues such performance without interruption.

City'S Remedies For Default Upon the happening of anyone or more

of the events set forth in Paragraph A of this Article or upon any other default or breach

of this Agreement, the City may exercise concurrently or successively anyone or more

of the following rights and remedies:

(1) Upon five days' notice, terminate this Agreement;

(2) Without waiving any default, pay any sum required to be paid by Contractor to others than the City and which Contractor has failed to pay and perform any obligation required to be performed by Contractor under this Agreement. Any amounts paid by the City in fulfilling the obligations of Contractor under this Agreement, including all interest, costs, damages, attorneys'· fees, and penalties, shall be repaid by Contractor to the City on demand with interest at the rate of 12% per annum from the date of such payment;

(3) Sue for the collection of fees or other amounts for which Contractor may be in default or for the performance of any other promise or agreement devolving upon Contractor for performance or damage therefor, all without terminating this Agreement; and

(4) ExerCise any and all additional rights and remedies that the City may have at law or in equity.

C. Waiver of Default

No waiver by the City of any of the terms or conditions of this Agreement shall

be considered as a waiver of the term or condition or any other term or condition in this

Agreement. No delay, failure, or omission of the City to exercise any right, power,

38725-1 7

privilege, or option arising from any default or subsequent acceptance of any fee or

payment then or later accrued shall impair or be construed to impair any such right,

power, privilege, or option to waive any such default or relinquishment or acquiescence,

and no notice by the City shall be required to restore or revive any option, right, power,

remedy, or privilege after waiver by the City of default in one or more instances. No

waiver shall be valid against the City unless reduced to writing and signed by an officer

of the City duly empowered to execute same.

ARTICLE XV. TERMINATION OF AGREEMENT

A. Termination of Agreement by City

The City may terminate this Agreement upon five days' notice prior to the next

full month. after occurrence of default, as provided in ArtiCle XIV, or upon written

notice to Contractor when services of Contractor are unsatisfactory in City'S

determination.

B. Termination by Mutual Consent

The City and Contractor may mutually agree to terminate this Agreement in

writing on a date before the expiration of the Term.

ARTICLE XVI. NOTICES AND PAYMENTS

Any payments, notices, consents, or approvals required or permitted under this

Agreement shall be in writing and personally delivered or sent by U.S. first-class mail,

postage prepaid,and shall be deemed to have been served or given when personally

delivered or three days after the notice, consent, or approval has been deposited,

postage prepaid, in a post office, branch post office, or post office box regularly

maintained by the United States Government.

Notices to the City shall be delivered or addressed to:

Director Department of Public Safety City of Cleveland 601 Lakeside Avenue, Room 230 Cleveland, Ohio 44114

38725-1

With a copy to: Michael McGrath, Chief Division of Police

8

City of Cleveland 300 Ontario Street Cleveland,OH 44113

Notices and payments to Contractor shall be delivered or addressed to;

ARTICLE XVII. OHIO ETHICS AND ELECTION LAWS

Contractor hereby certifies that beginning on the date the contract is awarded

and extending until one year following conclusion of the contract, all persons identified

in Ohio Revised Code Sections 3517.13(1)(3) and 3517.13(J)(3), as applicable, are in

compliance with Ohio Revised Code Sections 3517.13(1)(1) and 3517.13(J)(1).

ARTICLE XVIII. CONSTRUCTION OF AGREEMENT

All terms and words used in this Agreement, regardless of the number and

gender in which they are used, shall be deemed and construed to include any other

number, singular or plural and any other general, masculine, feminine, or neuter, as

the context or sense of this Agreement or any paragraph may require, the same as if

such words have been fully and properly written in number and gender. Contractor

agrees that no representations or warranties of any type shall be binding upon the

. City, unless expressly authorized in writing in this Agreement. The headings of

sections and paragraphs, if any, to the extent used in this Agreement are used for

reference only and in no way define, limit, or describe the scope or intent of any

provision contained in this Agreement. This Agreement may be executed in any

number of counterparts, each of Which, when executed and delivered, shall be

deemed an original, but such counterparts together shall constitute but one and the

same instrument. The following documents are incorporated in and made a part of

. this Agreement:

1. Exhibit "A"- Contractor's Proposal 2. Exhibit "8"- Additional Terms and Conditions 2. Exhibit "C"- Equal Opportunity Clause 3. Exhibit "D"- Non-competitive Bid Statement

38725-1 9

EXHIBIT B AGREEII' ".i'lT BETWEEN THE CITY OF CLEVElAND AND·

ADD~ONALTERMSANDCOND~ONS

1. Definitions: For the purposes of this Agreement, the following terms are specifically defined: •• "ADDIllONAL. AUTHORIZED DRIVER(S)" (AAD(s» means any Individual in addition to Renter who I, permitted by Owner to operate Vehicle. This include. individuals ldenHfied on Page 1 as ADDmONAl AUTHORIZED DRIVER(S), and with the permission of Renter. Includes Renter's spouse who meets the minImum rental age and holds a valid license. b. "OWNER" means "OWNER OF VEHICLE" shown on the top of Page 1: c. "RENTAl PERIOD- means the period between the time Renter takes possession of Vehicle until Vehicle Is rebJmed and checked In by Owner, d. -RENTER- means the person. or entity Identified on Page 1 as -RENTER-: •• "VEHICLE" means the "ORIGiNAl VEHICLE" or any vehicle(s).

2. OwnershlpNahlcle CondltlonIWarranty exclusion. Renter acknowfedges that Vehicle Is. by ownership. beneficial Interest or lease. property of Owner, even If owned, registered or titled to a third party. Renter agrees Renter received Vehicle in good physical and mechanical condilion. RENTER IS RENTING VEHICLE "AS IS" AND HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT VEHICLE AND ITS OPERATION BEFORE lEAVING OWNER'S PREMISES. OWNER EXCLUDES AlL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE, INCLUDING ANY IMPUEDWARRANTY OF MERCHANTASlllTY OR FITNESS FOR A PARTICUlAR PURPOSE. Renter agrees to retum Vehlde to Owner on or before return date stated on Page 1 or on Owner's demand and In same condition as received. ordinary wear and tear excepted. Renter agrees not to alter Vehicle. If Renter or AAD{s) determines Vehicle is unsafs, Renter or AAO(s) shall stop operatfng Vehicle and notify Owner Immediately.

3. AccIdents. Damage to, loss or theft of. Vehicle must be Immediately reported in W1iting to the office where Vehicle was rented. and In no event later than the following business day after the accident Renter and AAO(s} must Immediately deliver to the office where yehlcle was rented ev~ process, pleading or paper relafing to any claims, suits or proceedings arising from such accident In the event of a dalm, suit" or Jegal proceeding. Renter and AAD{s) shall cooperate fully with Owner and Its representatives. Vehicle may be equipped with an Event Data Recorder or similar device (EDR) for 'the purpose of recording data about the op«ation of VehicJe. To the extent permitted by law, Renter consents to Owner or im representatives rebievlng and using such data from the EDR.

4. Responsibility to Third Parties. Owner complies with applicable motor vehide flnandal responsibility Jaws as a state certified salf.Jnsurer, bondholder, or cash depositor. Except to the extent required by the motor vehicle financial responsibility Jaws of the appUcabie state or otherwise by law, Owner does not extend any of Its molQr vehlcte financial responsibility or provide Insurance coverage to Renter. AAO(s). passengers or third parties through- this Agreement. If valid automoble liability insurance or self Insurance ls available on any basis of Renter. MD(s) or any other driver and such Insurance or self insurance satisfies the applicable state motor vehicle finandal responslbll1ty law. then Owner extends none ellts motor vehicle financial responsibility. However,lf Renter and AAO(s) are In compliance with the terms and conditions of this Agreement and ~ Owner Is oblfgated to extend Its motor vehlde financial responsibility to Ranter, MD(s) or third parties, then Owner's obligation Is limited to the applicable state minimum financial responsibility amounts. Unless requli'ed by law._ Owner's financial responslbllty shall not extend to any claim made by a passenger while riding In or on or getting In or out of Vehicle. Owner's financial responsibility shall not extend to liability imposed or assumed by anyone under any worker's compensation act, ~an or contract.

S. Parsonal Injury Protection and UnlnsuredfUnderlnsured Motorist Protection. Except as requt;ed by law, Owner does not provide Personal InJury Protection, No Fault Benefits or Medical Payment Coverage (coHedively PIP) or UninsuredlUnderinsured Motorist Protection (UM/ulM) through this Agreement If Owner Is required by'law to provide PIP and/or UMlUIM. Renter expressly selects such protectIon In the minimum limits with the maximum deductible and expresslywalves and rejects PIP and/or UM/UIM lImits In excess of the minimum limits required by law.

6. Personal Property. Owner Is not responsible for any damage- to. loss or theft of any personal property. whether the damage or theft occurs during or after termination of the rental regardless of fault or negligence. Renter ackno'Ntedges and agrees that no bailment Is or shall be aBated upon Owner. whether actual. constructive or othetWise. for -any personal property carried In or left in Vehicle or on Owner's premises.

7. Uss In Mexico. Vehicle shall not be taken into Mexico without Owner's prior written consent. Even with Owner's prior written consent, DW. PAl and SLP do not apply to aCCidents or events that occur In Mexico. Renter must maintain or purchase Insurance which shall apply in Mexico. as specified and approved by Owner, prior to taking Vehicle into Mexico.

8. fJower of Attorney. Renter hereby grants and appoints to Owner a Umlted Power of Attorney: a. To present insurance claims of any type to Renter's insurance carrier and/or credit card company if: i. Vehicle Is damaged. lost or stolen durlng the Rental Period and If Renter falls to pay for any damages; or II. Any lIablUty claims against Owner arise in connection with this rentar transaction and Renter fails to assume risk and responsibiUty for such claims as required under Article XI of Agreement No. ; b. To endorse Renter's name to entitle Owner to receive from a third party Insurance, credit card and/or debit card payments directly for any such claims. damages, liabilities or rental charges.

a

9, Severability. If any provlslon of this· Agreement is determined to be unlawful, contrary 10 pubnc poUcy, void or unenforceable. all remaining provisions shall continua in full force and effect

10. Llmltatlon of Remedy/No Consequential Damages. If Owner breaches any of Its obligations under this Agreement and/or If Vehicle has any mechanical failure or other failure not caused by Renter or AAO(s) and If Owner is liable under applicable Jaw for such breach or Vehk:le failure, Own.,.. sol. liability to Renter and MO(s) and Renter's and MD(s)' sole remedy Is limited to the substitution of another similar Vehk:le by Owner to Renter and to recovery by Renter of the pro rata daify rental rate for the period In which Renter or AAO{s) did not have use of Vehicle or substiMe Vehicle. RENTER AND MO(SI WI>JVE ALL CLAIMS FOR CONSEQUENlIAL, PUNITlVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVI>JLABLE TO RENTER OR MO(Sl. SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO RENTER OR MO(Sl.

11. Optional Damage Waiver DAMAGE WAIVER IS NOT INSURANCE. THE PURCHASE OF DAMAGE WAIVER IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE. Renter may purchase optional Damage Waiver (OW) from Owner for an additional fee. If Renter purchases OW, Owner agrees, subject to the actions that Invalidate OW listed below. to contractually waive Renter's responslbiHty for all of the cost of damage to. loss or theft of, Vehicle or any part or accessory and rstated costs regardless of fault or negligence". Notwithstanding anything to the contrary and unless prohibited by law, OW does not apply to lost keys. key fobs· or transpondem, OW does not apply to damage occurring in Mexico. When deciding whether or not to purchase OW, you may wish to check with your Insurance representative or aedlt card company to determine whether, in the event of damage to, or theft of, Vehicle, you have coverage or protection for such damage or theft and the amount of your deductible or out-of-pocket risk . THE FOLLOWING SHALL INVALIDATE DW: a.lf Vehicle is damaged when used or driven: (1) by any person other than Renter or .AAO{s) without ONner's prior written consent; (2) by any person If there Is reasonable evidence the driver was Impaired by the use of alcohol. narcotlcs.lntc»dcants, or drugs, used with or without a prescription; (3) by any person commltung a felony or otherwise engaged in. a criminal act (4) In a rooe or speed contes!; (5) to tow or push anything; (6) oulSide the states authorized on Page 1; (7) under autholity of any license that Is suspended, revoked, Invalid or does not belong to the driver; (8) to transport persons or property for hire; (9) In a wanton or reckless manner or if Vehicle is deliberately damaged; (10) on an unpaved road or off road; (11) to transport explosives, chemicals, corrosives or other hazardous materials or poUutants of any kind; or b. if Renter rrllsrepresents facts to Owner pertaining to rental, use, or operation of Vehicle; or c. If Vehicle's Interior components are stofen or damaged when Vehicle Is unlocked or keys are not secured; or d. if Renter falls or refuses to provide Owner, police, or other authorities with a full report of any aocldent or vandalism Involving Vehicle or otherwtse falls to cooperate with Owner. pollca. or other authorities In the Investigation of any accident or vandalism; or e. "Vehlcl.iS stolen and Renter falls to do any of the following: (1) return the original Ignition key and Own.fs key tag IdenHfying VeIlk:le; (2) file a police report within 24 hours after discovering thelheft; (3) cooperate fully with Owner, police and other authorffies in all matters connected with the Investigation of the theft.

12. Headings. The headings of the numbered paragraphs of this Agreement are for convenience only, are not part of this Agreement and do not in any way limit. modify or amplify the terms and conditions of this Agreement

13. RelNse of InfOrmation to Third Parties. Renter agrees Owner. may, and Renter expressly authorizes Owner, to provide infcinnation in Owner's possession about Renter and AAO(s), including but nof limited to such driver's name, address and driver's license information to: applicable authorities. where solidted; andlor applicable authorities or other third partles, In connectfon with Owner's enforcement of lis rights under this Agreemenl

b

187.22 Equal Opportunity Clause; Terms in Contracts

.**

"During the performance of this contract, the contractor agrees as follows:

(I) The contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status. The contractor shall take affinnative action to insure that applicants are employed and that employees are treated during employment without regard to race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group, or Vietnam-era or disabled veteran status. N; used in this chapter, ''treated" means and includes without limitation the following: recruited, whether by advertising or other means; compensated, whether in the form of rates of payor other forms of compensation; selected for training, including apprenticeship, promoted, upgraded, demoted, downgraded, transferred, laid off and terminated. The contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the hiring representatives of the contractor setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that the contractor is an equal opportunity employer.

(3) The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract, or understanding, a notice advising the labor union or worker's representative of the contractor's commitments under the eqnal opportunity clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(4) It is the policy of the City that local businesses, minority-owned businesses and female-owned businesses shall have every practicable opportunity to participate in the performance of coutracts awarded by the City subject to the applicable provisions of the Cleveland Area Business Code.

(5) The contractor shall permit access by the Director or his or her designated representative to any relevant and pertinent reports and documents to verify compliance with the Cleveland Area Business Code, and with the Regulations. All such materials provided to the Director or designee by the contractor shall be considered confidential.

(6) The contractor will not obstruct or hinder the Director or designee in the fulfillment of the duties and responsibilities imposed by the Cleveland Area Business Code.

(7) The contractor agrees that each subcontract will include this Equal Opportunity Clause, and the contractor will notify each subcontractor, material supplier and supplier that the subcontractor must agree to comply with and be subject to all applicable provisions of the Cleveland Area Business Code. The contractor shall take any appropriate action with respect to any subcontractor as a means of enforcing the provisions of the Code." (Ord. No. 77-08. Passed 2-4-08. eff. 3-15-08)

EXHIBITC

........ _ .. - .. _ .. - ... _--_._-_. ---------

Lawriter - ORC - 2913.49 Ide''y fraud. Page 1 on

2913.49 Identity fraud.

(A) As used in this section, "personal identifying information" includes, but is not limited to, the following: the name, address, telephone number, driver's license, driver's license number, commercial driver's license, commercial driver's license number, state identification card, state identification card number, social security card, social security number, birth certificate, place of employment, employee identification number, mother's maiden name, demand deposit account number, savings account number, money market account number, mutual fund account number, other financial account number, personal identification number, password, or credit card number of a living or dead individual.

(B) No person, without the express or implied consent of the other person, shall use, obtain, or possess any personal identifying information of another person with intent to do either of the following:

(1) Hold the person out to be the other person;

(2) Represent the other person's personal identifying information as the person's own personal identifying information.

(C) No person shall create, obtain, possess, or use the personal identifying information of any person with the intent to aid or abet another person in violating division (B) of this section.

(D) No person, with intent to defraud, shall permit another person to use the person's own personal identifying information.

(E) No person who is permitted to use another person's personal identifying information as described in division (D) of this section shall use, obtain, or possess the other person's personal identifying

information with intent to defraud any person by doing any act identified in division (B)(l) or (2) of this section.

(F)(l) It is an affirmative defense to a charge under division (B) of this section that the person using

the personal identifying information is acting in accordance with a legally recognized guardianship or conservatorship or as a trustee or fiduciary.


(a) The person or entity USing, obtaining, possessing, or creating the personal identifying information or permitting it to be used is a law enforcement agency, authorized fraud personnel, or a representative of or attorney for a law enforcement agency or authorized fraud personnel and is using, obtaining, possessing, or creating the personal identifying information or permitting it to be used, with prior consent given as specified in this division, in a bona fide investigation, an information security evaluation, a pretext calling evaluation, or a similar matter. The prior consent required under this division shall be given by the person whose personal identifying information is being used, obtained, possessed, or created or is being permitted to be used or, if the person whose personal identifying

information is being used, obtained, possessed, or created or is being permitted to be used is

deceased, by that deceased person's executor, or a member of that deceased person's family, or that deceased person's attorney. The prior consent required under this division may be given orally or in writing by the person whose personal identifying information is being used, obtained, possessed, or created or is being permitted to be used or that person's executor, or family member, or attorney.

http://codes.ohio.goY/orc/2913.49 6123/2010

of3

(b) The personal identifying information was obtained, possessed, used, created, or permitted to be

used for a lawful purpose, provided that division (F)(2)(b) of this section does not apply if the person or entity using, obtaining, possessing, or creating the personal identifying information or permitting it to be used is a law enforcement agency, authorized fraud personnel, or a representative of or attorney for a law enforcement agency or authorized fraud personnel that is using, obtaining, possessing, or creating the personnel identifying information or permitting it to be used in an investigation, an information security evaluation, a pretext calling evaluation, or similar matter.

(G) It is not a defense to a charge under this section that the person whose personal identifying

information was obtained, possessed, used, created, or permitted to be used was deceased at the time of the offense.

(H)(l) If an offender commits a violation of division (6), (D), or (E) of this section and the violation occurs as part of a course of conduct involving other violations of division (6), (D), or (E) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of division (C) of this section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in determining the degree of the offense pursuant to division (I) of this section, may aggregate all credit, property, or services obtained or sought to be obtained by the offender and all debts or other legal obligations avoided or sought to be avoided by the offender in the violations involved in that course of conduct. The course of conduct may involve one victim or more than one victim.

(2) If an offender commits a violation of division (C) of this section and the violation occurs as part of

a course of conduct involving other violations of division (C) of this section or violations of, attempts to violate, conspiracies to Violate, or complicity in violations of division (6), (D), or (E) of this section or

section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised

Code, the court, in determining the degree of the offense pursuant to division (I) of this section, may aggregate all credit, property, or services obtained or sought to be obtained by the person aided or abetted and all debts or other legal obligations aVOided or sought to be aVOided by the person aided or abetted in the violations involved in that course of conduct. The course of conduct may involve one

victim or more than one victim.

(1)(1) Whoever violates this section is guilty of identity fraud.

(2) Except as otherwise provided in this division or division (I)(3) of this section, identity fraud is a

felony of the fifth degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is five hundred dollars or more and is less than five

thousand dollars, except as otherwise provided in division (1)(3) of this section, identity fraud is a felony of the fourth degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is five thousand dollars or more and is less than one hundred thousand dollars, except as otherwise provided in division (1)(3) of this section, identity fraud

is a felony of the third degree. If the value of the credit, property, services, debt, or other legal obligation involved in the Violation or course of conduct is one hundred thousand dollars or more, except as otherwise provided in division (1)(3) of this section, identity fraud is a felony of the second

degree.

(3) If the victim of the offense is an elderly person or disabled adult, a violation of this section is identity fraud against an elderly person or disabled adult. Except as otherwise provided in this diviSion,

identity fraud against an elderly person or disabled adult is a felony of the fifth degree. If the value of

http://codes.ohio.goy/orc/2913 .49 6/23/2010

Lawriter - ORC - 2913.49 Ide ... y fraud. Page 3 on

the credit, property, services, debt, or other legal obligation involved in the violation or course of

conduct is five hundred dollars or more and is less than five thousand dollars, identity fraud against an elderly person or disabled adult is a felony of the third degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is five thousand dollars or more and is less than one hundred thousand dollars, identity fraud against an elderly person or disabled adult is a felony of the second degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is one hundred thousand dollars or more, identity fraud against an elderly person or disabled adult is a felony of the first degree.

Effective Date: 09-27-2002; 09-16-2005

http://codes.ohio.gov/orcI2913.49 6/23/2010

3970 747024 10/20/2009 1 0/21/2009 1 59 39.99 39G0180 P REYNOLDS -EXC 3902 268649 10/27/2009 10/28/2009 1 432 56.24 39G0180 BRANDON BRYSON #2 3905 006177 1/5/2010 1/7/2010 2 82 79.98 39G0180 BRANDON BRYSON #2 3905 006178 1/5/2010 1/7/2010 2 92 79.98 39G0180 3902 270611 1/14/2010 1/15/2010 1 63 39.99 39G0180 3902 270613 1/14/2010 1/15/2010 1 129 39.99 39G0180 SLEDGE JOHNSON #2 3905 006624 1/25/2010 01/29/2010 4 165 159.96 39G0180 SLEDGE JOHNSON #2 3905 006625 1/25/2010 1/29/2010 4 144 159.96 39G0180 JONATHAN SLEDGE 3970 748631 214/2010 217/2010 4 100 159.96 39G0180 JONATHAN SLEDGE 3970 748652 215/2010 2/8/2010 3 125 119.97 39G0180 BRAND BRYSONIEXCEL 3970 748809 211212010 2115/2010 3 157 113.97 39G0180 BRAND BRYSON/EXCEL 3970 748810 211212010 2115/2010 3 81 113.97

IN 05:15PM 10/21/09 OUT 05:11PM 10/20/09

24-HOOR DAY

UNIT 1 UNIT # LIC# MODEL COLOR IN B41 OUT 782

CLAIM INFO POL/CLAIM/PO#

10/20 1136A INSURED

LOSS DATE THEFT ACCIDENT

TYPE CAR

SHOP PHONE NAME

RENTER JONATHAN SLEDGE 1490 E193RD ST

SOORCE

EUCLID OH 44117-LOCAL: (H) 216-2B7-2111 (Nt 216-469-0529 (0) 216-410-3153

DR. LICENSE XXXX2747 STATE OH EXPIRE 6/02/11 DOB 6/02/81 HT WT EYES HAIR S.8.# EMPLOYER

BILL TO Y CUST #

ADDITIONAL DRIVER NO OTHER DRIVER PERMITTED

PERMISSION TO LEAVE STATE YES NO X

CUSTOMER SIGNATORE ON FILE

PAYMENT INFORMATION AMOUNT PD.BY TYPE DATE AUTH

CLOSED TICKET PAYMENT INFO CLOSED TICKET PAYMENT INFO

RENTAL AqREEMENT

SUMMllRY OF CHARGES DAY ~ 24 HOUR PERIOD

MILES NO CHARGE

')l747 024 PAGE 1 OF f

1 DAYS @ 39.99 39.99

VLF

TOTAL CHARGES

DEPOSITS REFUND

BILL TO COST

OPENED BY #118BO CLOSED BY #1935Q

.20

.19

0.19

IN 04:09PM 10/28/09 OUT 03:36PM 10/27/09

24-HOUR DAY

UNIT 1 UNIT # LIC# MODEL COLOR IN 7050 OUT 6618


10272009 INSURED


TYPE CAR

SHOP PHONE NAME

SOURCE

RENTER P REYNOLDS 9011 DENNISON AVE CLEVELAND OH 44102-LOCAL: (H) 216-513-6806

DR. LICENSE XXXX0396 STATE OH EXPIRE 3/11/10 DOB 3/11/62 HT m!: EYES HAIR S.S.# EMPLOYER

BILL TO Y CUST #



CUSTOMER SIGNATURE ON FILE



RENTAL AC)REEMENT I'D268649 b

PAG,: 1 OF 1

SUMMARY OF CHARGES DAY = 24 HOUR PERIOD

MILES NO CHARGE

1 HOURS

1 DAYS

VLF SALES TAX

TOTAL CHARGES

DEPOSITS REFUND

BILL TO CUST

@

@

OPENED BY #520BD CLOSED BY #5255Y

11.25

44.99

7.75

11.25

44.99

.20 4.37

.81

~0.81

IN 05 :34PM 1/07/10 OUT 05:09PM 1/05/10

24-HOUR DAY

UNIT 1.

UNIT # LIC# MODEL COLOR IN 5540 OUT 5458


INSURED


TYPE CAR

SHOP PHONE NAME

SOURCE

RENTER BRANDON BRYSON #1 9808 PRATT AVE CLEVELAND OH 44105-LOCAL: (H) 216-965-4849

DR. LICENSE XXXX4617 STATE OH EXPIRE 3/21/13 DOB 3/21/83 HT WT EYES HAIR S.S.# EMPLOYER

BILL TO Y COST #

ADDITIONAL DRIVER COMPANY' EMPLOYEES' LICENSE # STATE OH EXPIRES



AGE 25

PAYMENT INFORMATION AMOUNT' PD.BY TYPE DATE AUTH


RENTAL AOJmEMENT

SUMMARY OF CHARGES DAY ~ 24 HOUR PERIOD

MILES NO CHARGE

PAGE 1 OF 1.

2 DAYS @ 39.99 79.98

CITY TAX VLF FUEL

TOTAL CHARGES

DEPOSITS REFUND

BILL TO CUSl

OPENED BY #626GQ CLOSED BY #626GQ

6.00 .40

'21.24

1:07.62

107.62

IN 05:37PM ~/07/10

OUT 05:~7PM 1/05/10

24-HOUR DAY

UNIT 1 UNIT 11 LIC1I MODEL COLOR IN 5540 OUT 5448


INSURED

LOSS DATE TH,FT ACCIDENT

TYPE CAR

SHOP PHONE NAME

SOURCE

RENTER BRANDON BRYSON #2 9808 PRATT AVE

CLEVELAND OH 44105-LOCAL: (H) 216-965-4849


BILL TO Y CUST #

ADDITIONAL DRIVER COMPANY. EMPLOYEES. LICENSE # STATE OH EXPIRES



AGE 25

PAYMENT INFORMATION AMO~ PD.BY TYPE DATE AUTH


RENTAL AG.REEMENT :D006178

PAGlt 1 OF i


MILES NO CHARGE

2 DAYS

CITY TAX VLF FUEL

TOTAL CHARGES

DEPOSITS REFUND

BILL TO CUST

@

OPENED BY #626GQ CLOSED BY #626GQ

39.99 79.98

6.00 .40

,21.24

107.62

IN 07:42AM 1/15/10 OUT 01:59PM 1/14/10

UNIT 1 UNIT # LIC# MODEL COLOR

24-HOUR DAY

IN 24665 OUT 24602


INSURED


TYPE CAR

SHOP PHONE l<lAME

RENTER PAUL REYNOLDS 9011 DENISON AVE

SOURCE

CLEVELAND OH 44102-LOCAL: (H) 216-351-6383


BILL TO Y CUST


PERMISSION TO LEAVE STATE YES X NO

STATES ALL AUTHORIZED EMPLOYEES CUSTOMER SIGNATURE ON FILE



RENTAL ACf"REEMENT !iD270611 !~

FAG],!: ;1 OF 1.


MILES NO CHARGE

1 DAYS @

VLF

TOTAL CHARGES

DEPOSITS REFUND

BILL TO CUST

OPENED BY #246FJ CLOSED BY #697GR

39.99 39.99

.20

~O.19

410.19

IN 02: OOPM 1./15/10 OUT 02:02PM 1/1.4/10

24-HOUR DAY

UNIT 1 UNIT /I LIC/I MODEL COLOR IN 242 OUT 113


INSURED

LOSS DATE TSEFT ACCIDENT

TYPE CAR

SHOP PHONE NAME

SOURCE

RENTER

CLEVELAND OH 44102-

LOCAL: (H)

DR. LICENSE XXXX

STATE OH EXPIRE DOB /62 HT

EYES HAIR S.S.II EMPLOYER

BILL TO Y COST #

ADDITIONAL DRIVER

/10

WT

NO OTHER DRIVER PERMITTED



PAYMENT INFORMATION AMOUNT PD. BY TYPE DATE AUTH


RENTAL AG;REEMENT


MILES NO CHARGE

,D270613 PAGli:l OF 1

1 DAYS @ 39.99 39.99

VLF

TOTAL CHARGES

DEPOSITS REFUND

BILL TO COST

OPENED BY 11246FJ CLOSED BY 115255Y

.20

40.19

40.19

IN 07:57AM 1/29/10 OUT 05:50PM 1/25/10

24-HOUR DAY

UNIT 1 UNIT # LIC# MODEL COLOR IN 8394 OUT 8229

CLAIM INFO

POL/CLAIM/PO#

INSURED


TYPE CAR

SHOP PHONE NAME

RENTER SLEDGE JOHNSON #1 1490 E 193TH

SOURCE

EUCLID OH 44117-LOCAL: (H) 216-287-2122


BILL TO Y CUST #




PAYMENT INFORMATION AMOUNT PD.BY TYPE DATE ADTH


RENTAL AGli!EEMENT P006624

PAGEh OF 1


MILES NO CHARGE

4 DAYS

CITY TAX VLF

TOTAL CHARGES

DEPOSITS REFUND

BILL TO CUST

OPENED BY #5698V CLOSED BY #626GQ

39.99 159.96

" 1qp.76

IN 07:58AM ~/29/~0 OUT 05:5~PM 1/25/10

UNIT 1 UNIT # LIC# MODEL COLOR IN OUT

24-HOUR DAY

4460 43~6

CLAIM INFO POLl CLAIM/PO#

INSURED


TYPE CAR

SHOP PHONE NAME

RENTER SLEDGE JOHNSON #2 1490 E 193 ST APT 627

SOURCE

EUCLID OH 44117-LOCAL: (H) 216-287-2~22


BILL TO Y CUST #


PERMISSION TO LEAVE STATE YES X NO

STATES OHIO AND SURROUNDING CUSTOMER SIGNATURE ON FILE


CLOSED TICKET PAYMENT INFO CLOSED TICKET PA"YMENT INFO


MILES NO CHARGE

'iD006625

4 DAYS 39.99 ;159.96

CITY TAX

VLF

TOTAL CHARGES

DEPOSITS REFUND

BILL TO CUST

OPENED BY #5698V CLOSED BY #626GQ

6.00 .80

~:66.76

IN 06:00PM 2/07/10 DOT 11:03AM 2/04/10

UNIT 1 UNIT # LIC# MODEL COLOR IN

''OUT

24-HOUR DAY

19139 19039


02042010KC INSURED


TYPE CAR

SHOP PHONE NAME

SOURCE

RENTER JONATHAN SLEDGE 1490 EAST 193RD STREET 627 EUCLID OH 44117-LOCAL: (H) 216-469-0529

DR. LICENSE XXXX0950 STATE OH EXPIRE 5/22/12 DOB 5/22/81 HT liT EYES HAIR S.S.# EMPLOYER

BILL TO Y CUST #

ADDITIONAL DRIVER NONE





RENTAL AGREEMENT

SllMMARY OF CHARGES DAY = 24 HOUR PERIOD

MILES NO CHARGE

PAG1~ 1 OF 1

4 DAYS @ 39.99 '159.96

VLF

TOTAL CHARGES

DEPOSITS REFUND

BILL TO CUST

OPENED BY #7894Z CLOSED BY #7894Z

.80

11.60 .76

160.76

CIENEJ:PID KLI:CE ~ C!'l'EN3E:/JN::IIENI' REKRr

CCse =::r:ipt::.im:

D3te: 07/02/2010 ~: 1

CCse N.:rrl:er: 2009-C0335784 Fesist:.lliJ Arrest

Pdrrary VicDm: smIE CF arro, , ,

r:ate/rirre lq:orta:i: 10/18/09 21:22 Hrs. D3tetrirre Qnm:e:I: 10/18/09 21:22 Hrs. D3tetrirre ~ : 10/18/09 21:31 Hrs. Iccatim CIT:l.=e:l : E lOS sr C!nss Sb:Eet • • : HNlZlM AV Al:Ea: nistr:ict 4 s::cticn: Zrre 43

~ Officer: Pl034 lEITIT,lll'f(N,J, Pdrrary lliit Assigre:l to Irl\Bstig3te: D1 B.n:m.l Pdrrary :rrMrug,.tirg Officer 10/18/09 Pl034 lEITIT,lll'f(N,J,

DiBp. D3te: 10/20/09

l'b. of Clf:fEnse5: 3 l'b. of 0f:fEn::ers: 1 N::>. of Vict::irrB: 1

OffErEE Nnl::er: 1 a::ine Cl:xE: 21330 ID3ISI'IN3 1'R<ESl' statute . : @5.ffi Attarpts:I/O:mnitta:l : CbrpleI:a:l Stat I:ffi:: : ID3ISI'IN3 1'R<ESl' Io:atim 1',]:e • : Sb:Eet # l'dJJ.ts E'lJsffnt: 1 Al.o:tol. Pelate:I : Ulkn:w1 D:rrestic a::ine : N::>t D::nest Cl:rrp1ter 'Jreft : N::> statute CRI/Qup . : arrro:xxJ Chnts •••.•. : 001 N:lC Cl:xE • • . . . : Cl:stn:d::n;r OffErEE D3te . . . : 10/18/2(X)9 victTIn Alchl Pelate:l.: N::> l'l::ar ilia:! st.n:dme : ill G3n:;1 Pelate:I . . . : N

0ff'Er0e Nnl::er: 2

Cdnriml k::tivity . : # Ji..Mffiles PI:e9'rt : J:lrtJj Pelate:I . . . : Ulkn:w1 H3.te a::ine .... : N::> Bias N'. JLlst. IbTrl..c:id= CJ:x:E : l'g;J Aslt/H:nc Crorst: IaJ:t:s:ij/nEft Cl:Efns2: S:::s:E/Iccatim 'I}Fe2: Vi.ct:TIn J:lrtJj Pelate:l : N::> Vicdm Cb:rp Pelate:l : N::> P.rqErty IErra;e . . kl±i.t:LaEl ~ :

Cdrre Cl:xE: 25no = ~CN statute . : 2925. n Attarpts:I/O:mnitta:l : CbrpleI:a:l stat I:ffi:: : R:lXE3SKN CF IR.G3 Iccatim 1',]:e . : Sb:Eet # l'dJJ.ts E'lJsffnt: 1 Al.o:tol. Pelate:I : Ulkn:w1 D:rrestic a::ine : N::>t D::nest Cl:rrp1ter 'Jreft : l'b statute CRI/Grup . : S Chnts .••..• : 001 N:lC Cl:xE . • • . . : vrn::;-\CSA. 0ff'Er0e D3te ... : 10/18/2009 VictTIn Alchl PeJate:l: N::> l'l::ar ilia:! st.n:dme : ill

Cdnriml k::tivity . : R:ss C1:rcl # Ji..Mffiles PI:e9'rt : J:lrtJj Pelate:I . . . : \llkrnNn H3.te a::ine . . . . : N::> Bias N'. JLlst. IbTrl..c:id= CJ:x:E : l'g;J Aslt/H:nc Crorst: IaJ:t:s:ij/'Jreft Cl:Efns2: S:::s:E/Io:atim 1',pQ: Vicdm J:lrtJj Pelate:l : N::> Vicdm Cb:rp Pelate:l : N::> P.rqErty IErra;e . .

ClENEIFND Rll.J:CE ~ c:rnN3E'/IN:JI:l'Nr I£ECRI'

caoe IBs:::r:ipt.:iJ:

=: (57102/2010 ~: 2

caoe N..nl::er: 2009-{X)335784 Pesist::i.nJ Arrest

G3n:j Pelated . . . : N

--------------- -- ----------- ---------- -----------------~~-

ClEfEree N.nl:Er: 3 Cdrre Cb:b: 21310 c:ID.IFIrTIN:;. Cl'E[CIAL Rl3JJ£SS St:ablte . : 615.06 At:tarpte::l/CJ:nmitts:! : O::rrplete:i stat = : rn:m:u::rm; CI'E[CJAL HB1NS3 lcx:atim 'I}j:e • : StJ:Eet c:dmira1 ktivity . : # ldllts PIegent: 1 # .:l.lIiEniJ.es P:l:Effi'1t : A1a:inl Pe1at:a:i : llikrx:wl Onr:j Pelated . . . : llikrx:wl D:rrestic Cdrre : = D:rrB5t lflte Cdrre . . • • : ])b Bias N". Cl::np.JI:er 'freft: :])b JUst. H:mi.c:i.ce CJxE : St:ablte CRI/Grup. : arr.roxo l'q:J Aslt;H:nc O:arst: ctmts . . . . . . : 001 I.ill:Cff\Y1'freft: Clf:fn=e: N:.:IC Cb:b • . . . . : Cb3t.ru:::trg S:a'E/f.ccatim 1}fe2: OffED9a r:ate . . . : 10/18/2009 victim Onr:j Pelata:i : ])b

Victim A1chl Pelated: ])b Victim O:np!€lata:! : ])b

1b3t ill:al stJ:u::I::Ln:e : N) P:t:q:erty J:arEge • • G3n:j Pelated . . . : N l'd:!it.icml SLtxJ::cE :

lh:re: 216-481-3496 : P:t:e9a1t Infumatim ~,~/B,

1490 E 193 sr #EZl EIllJD rn 441173309

l¥A:

SIEllE,~" 0802J..931, , ,

Fa::e : Bla:::k ::ex: M1\IE H:Jt : 6'01" W:jt: 185 Hllr: Bla:::k B.IiJd: Cl:nplexicn: Dc Lie #: PSS7Z747 st: rn Ch Id Gmi PSS7Z747/2006

Alias/l¥A Alias lIB

D.O.B: 06/02/81 Aft: 29 Eyes .. : I3rcwl Etlnicity: N:n-fI:i4:an

Pes:idroa status : N:n-residt Pelata::l Offtns=s: 1 2 3

Arrest Infamat::i.cn: Arrest r:atelrirre : 10/18/09 21:31 Hrs. Arrest'I}j:e. : 0'MJis.I Ar:rest.lrg Officer: tEITIT,l'I'KN,J, Arrest Io::atim : 3558 E 104 sr

~ rn4~ffi

Atre • ,: District 4 Sa:tim.: zae 43 Gd..d: Wml6 CBIS N.nl:Er . . . : B:okirrJ N..nter. . : 200900030667

Cl:EJ::ge N.nl:Er: 001 Cr:irre Q::cE: OJS[L VIC1ATICN CF SIll[]E IFffi mil statute . : 2925 At:tarpta:I/CJ:nmitts:! : O::rrplete:i stat = : VJJ:llll'ICN CF SIll[]E IFffi mil

Cl:EJ::ge N.nl:Er: 002 Cdrre Q::cE: TI'AEF TIWTIC cnEN3E

CIEJE[]lN[) RJLICE J:EE1lRlliENI' CHEN3E/IN::lIENI' PERRr

Ga.ge D2s:::r:ipt::im: Pelistirg Anest

rate: 07/02/2010 Pog2: 3

Ga.ge Nrd:er: 2OO'1-DJ335784

statute . : 437.Z7Bl. At:tErrp:e:J/CtnmLtte:I : O:nplete::i stat = : CJffi'i'ITCR ~ PEQ.

Clla!:g3 NId:er: em Cdrre Cl::J:E: 'JRl\FF TIWF.IC CHEN:E statute . : 437.048 At:tErrp:e:J/CtnmLtte:I : C'mplete:l stat = : IIIlMITKN CF FEAA LICEN'E pU{[E

Clla!:g3 NId:er: 004 Cdrre Cb::la: 2133) ms:rm= ARRESl' statute . : @S.08 At:tErrp:e:J/CtnmLtte:I : O:nplete::i stat = : RESISI'.lN3 ARRESl'

Clla!:g3 NId:er: 005 Cdrre Cl::J:E: 21310 Cl3SIlUTIl\G CffICIAL H13IN'SS Statute . : @S.06 At:tErrp:e:J/CtnmLtte:I : O:nplete::i stat = : CB3JRlI:rll'.[; CfffCIl\L H13IN'SS

Clla!:g3 NId:er: 006 Cdrre Cb::la: ZlrBJ CINIEMPr CF = statute . : 600 At:tErrp:e:J/CtnmLtte:I : O:nplete::i Stat = : CXNIEMET CF =

Clla!:g3 NId:er: 007 Cdrre Cl::J:E: ZlO'3J CINIEMPr CF = statute . : 600 At:tErrp:e:J/CtnmLtte:I : O:nplete::i stat = : CXNIEMET CF =

Clla!:g3 NId:er: 008 Cdrre Cl::J:E: ZlrBJ CINIEMPr CF = statute . : 600 At:tErrp:e:J/CtnmLtte:I : O:nplete::i stat = : CXNIEMET CF =

Clla!:g3 NId:er: 009 Cdrre Cb::la: ZlrBJ CINIEMPr CF = statute . : 600 At:tErrp:e:J/CtnmLtte:I : O:nplete::i

stat = : CXNIEMET CF = VicOm. . : P!:e':mt lhfunratim

Pr:irra:ry SIroE CF arro Sx::/Rblic

CIEJE[]lN[)

VICTIM mEN:ER REll\TICN:HIP.3: srEJJ:E,~,B,

VicOm. . : P!:e':mt Infumaticn Pr:irra:ry CITY CF CIEJE[]lN[)

Sx::/Rblic ED1 Il'NSIIE AV CffiIE1lW

VICTIM mEN:ER REll\TICN:HIP.3: S[E[(Er~,B,

PJ:q:erty: S[EllE,~,B,

Eh:na:

Eh:na: 216-€64-2000

ill 44113

ltan N:nt:er .: 1 Sbje:t #: 1 Sbje:t 'I',!:e: SJ.eprt P:rq:erty Cb::la : Eei.2Ed PJ:q:erty 'I',!:e : Dl:u;;s P:rq:erty Class: Q:nsurnble J:ate Pe::eive:i : 10/18/09 Jhitial va1J.E : . m J:ate ~: ~ va1J.E: .m

,,.,,.;';, N:JtifiEd lhI?: REOJ?: N '~y CW:er rate:

..LJ.,

"l:JT

D3:te: 07 /CQ/20l0 Rog3: 4

QENEUN) RI.JCE Dill'RIl'ENI' cmN38/JN:lIEN[' REECR:r

(a<;e Ces:ript:im: (a<;e N.:nl:eL: 2009-{X}335784 Pa3:isI:irr:j Arrest

Prp1= . Bin: Di qroi tim . :

Year •• / '!W) (2) BJI'lIES CF E8E3:RIPI'ICN PIllS

Q;antity 1l.OOO PI M:x:El/style: PEgist::rat:nII : state : Dplle3 : eer:ial. # . : PlGII 0482943 QlN • • :

PJ:q:erty: srEIIE,~,B, Item N.nI::er.: 2 SbjECt #: 1 SbjECt 1}j;:e: Sq:a:t PJ:q:erty CJ:x:8 : Jirt:an:k! PJ:q:erty 'l',r:e : l'IJIQIUillE) PJ:q:erty Class: Misc. D3:te Pe:eive::i : 10/18/09 Jhitial Va1l.E : .00 D3:te Pe::01ere± Pa:r:l\E:Erl Va1l.E: .00 REill?: N N:ti£y CWEr Eate: NJti£i.e:IIb4?: Prp 1= ... : Bin: Di qroitim . :

VEhicle Year: 1994 J:esc:t::iptim : M3ke • • • : C1n:ysler Mxhl: CINJ:RD Cblor 'Itp. : Q)].d B:Jttan: Q)].d

G:n:!i.tim. : Drivable 'l',r:e: L:i.cErJ.9E! *. : EK5700 state: rn eer:ial. #/VJN: ~4681 QlN .

CWEr's N3:re: S[E[(E,~,B,

CRlGIN'\L N"H'ATl\E (CA:E)

style • : 4 Dr Alto Interior:

Dplle3 : 06/CQ/I0

ID3SFS3ICN CF I1'N:ER1B I:F!.IS/PESI.Sl'JN; A"<ffiSI'/Cl33Iffi::rICN CF Cl'FIClAL HBIN'SS/UE CF N:N J:EZ\ITI{ KKE/K!:JCE Th1E!MNI'KN/

CJ:NIR1'>8'N) SillED/.l'fllESr

01 &n:hy, a::t:d::er 18, '2f:f:8, v.trlle assigrB:l to zaB car 4D23, I lB::l tre <Xn3sim to arrest J:rnl:tm B. ~ (0ffEn::er #1) for jX'i39"SSim of ~ c:Iru;ls, :rESist:in::r arrest, ani cl:stm::tim of official b.Jsiress. B2l.a.v are tre facts of tre arrest.

\'hile m pru:ol in tie aJ:ffi of East lOS SttEet ani E31l'an, I d:rerI;e:i a ~ ~ w=st:l::an:l m arlan A\el.E with ill 1icmge plate illuniretor hl1b. I activateJ IT¥ CJCerlEa:llights ani siIEns ani a:rr:l.r:t.Erl a traffic step at 2129 h:JJIs.

I ret:urrn:i to tre ~, WEre I d:rerI;e:i offEn::er #1 :tB3:hirrj cl::wl to his right s:kE rrer tre c:mter a::rrole. I on:!:=re:! offEn::er #1 to kEEp his lEn:I3 a.-ay fum tre c:mter a::rrole ani WEre I m.lld SOB

tl:an.

0f:ferr:Er #l tffi:J. I93.Ch3::l J:ock IDan::ls tre c:mter a::rrole, WEre I on:!:=re:! him to exit tre \81icle. I a:lII:is3:l offEn::er #1 t:lEt lE W3S l::ein:J p.ill.e:::l rut for 00 (2) I63S::n'3; aE t:lEt lE is J.iste:l as lBvirg

J

.! 107

CLEVELAND POLICE DEPI'-qTMENT DUTY REPORT

ZONE 4023

-TOUR START SUN 10-18 ,2009 1530 _HI :(S. 73768 TOUR FINISH MON 10-19 ,20~ 0130 HI (S. 73807

DAY PLA To"~==;;B==;:!RA:::D::!I;;;O~C;AL:!L=+t:l::O::... ;;;;;;;;4~0~2~3=

L : TIME MILEAGE

-- --C OF C 71-ZC-1 re _12198 413A

'75341'r#1 ~ .~L 39

?p:..~C.;'~E # 'l13A I GA8t43 V897451V I AMN/Aox# I p~; ,lli,.ECK BY: -,,", .... uu ,

CIRCLE 2 3 4 DESCRIBE DAMAGE: OLU _NEW_ DAMAGED 9 TOP I

AREAS 1~-D r ' 10 UNDERCAR 360W&T NEW .' TO:

8 7 8

Due for 75013 Due for· Date: 1-15-10 Due for I (y)/N

.nll~"" OF T_T.' O-ON VIEW OR OTHER ,

!

~ r';;O~E INCIDENT

SOURCE REC'O. COMP_ LOCA nON -AND NATURE OF ASSIGNMENT DISPOSITION • D / 1530 1622 / 4TH OISTRICT

ROLL CAL~~EH CHECK I ! "nMPLETEO, CHECK OK , "'CO / CONER WI OIC ,

B 1604 1631 1701 3 4231 E.96 HIT SKIP RPT

,

INFO REC. FOR OH-1 'rA" .'a, 5459

B 1707 1714 1748 3 3363 E.l02 P/ERPT ~.;';: ::::;~ ~~~ :r.;,,~:6:'~~ ,0 HOURS 5522

0 / 1758 1807 / E.ll0 & UNION TRAFFIC STOP 2 UTTS ISS (LONG) 5611

B 1604 1811 1813 4 2775 E.118 JUV_ RETURN RPT NO RESPONSE 5395

B 1604 1817 1820 I 11509 MATILDA PROP. DAMAGE RPT NO RESPONSE 5408

0 I 1822 1830 I 4TH DIST PERSONAL COMPLETED I

0 I 1847 2015 I METRO RELIEVE 4C25 FOR 45 COMPLETED I

0 I 2025 2041 I E.93 &0' TRAFFICSTOP 3 UTTSISS 5732

0 I 2050 2120 I ,E.116 & . AREA CHECK OK . I

0 I 2129 2242 I E.l05 & BENHAM TRAFFIC STOP ~' " 5784

D I 2247 I I 4TH DIST PAPERWORK 12 RM:."!.~."nuo, /

D I I 0130 I 4TH DIST & RELIEF ~~;!!;;~;..;;; FOR' :\-1 I . ,

!

,

" , '.

MISC. ST ATSfEQUIPMENT ~~-~~- . ~ .. VSOL 1 VEHICLE CHECKS: 45 TOW: 1 OPENL~~~':~S~;: 0 GTMV:_ u WARRANT CHECKS: 4 DUI: 0 0

.\ CITATIONS ISSUED ISSUED ,

FEL l' MISD 0 TRF 5 M.MISD 0 PKG. INFRACTIONS 0 MISD. SUMMONS 0 RADIO ASSIGNMENTS ,. 5

~ h-"'- # '01 \ # )iti'---AJu.-rJJ!.JA OI/)";P. P,O. YKlTIT 1011 P1034 fi;}1 DRIVER

1 v- '/ ,

.... : ............ ' ..... :; ..... 1 .. °.3 ... ' ..... :'. . . f "5 .••. "0' .. •. l' 1'1'1'0' ". : ·.:.:.·.··.·.'.,.:· .... · ... ·.D:··u·.e··.·:.·fo·.· .. ·,.··5 •.. · .... n<.·.· .. ·t·c· .• ·e.··'.·S.·t·,·"~.".:e·.· .. r·' .• ·.·,·." ... , .. · .. 7 ... y.· .. K:·/:.···N· .: ..... > :J J {) :' ... -.';' ::. ::~Du.¢;~.9r·,,_~e;r:yI~~.::,_:')~·~pr ',,' :,. ; -./-' .".:-; ,.' ',~-.. : ;.':"'. _. PI,". _ .~ ~ '! .~6\ftiC;~<iF}SS!9NM~NiC !i:~~DAD~AoST.' TO~LFPHQNE .~:[,i~i:~!~T;:q,:6J'lYI9Wqi(;TH¥1i.>·: :,i ", "":::>':.>,:.. .; .',". ':S~URC;E .•••.. ~";:,,. ';:::". ~~J;;c p'~g~riGO¢~~l()N<\N~:~f;ilf~¥.~~:~~.~IG~¥~Nri.·.""· ··riJ~p6~;.Ti~~:r.:} ;!'j :NQ'&!E~ ,

:0" if 20~Q)&40;" ::; .·.bIS1:R)2r~ .. :' .·':"·~~LL6ALL '. :' .:·..;)riEN~Eb ...•... ' .•.... :,'.' "/:::(': Y'r: 'D : / '. 204o204j;;j ': IlI$l'Rir;T~i .... ·:.···::::YiB~A~PF~dIP.qj~ VljJl.~~PEQU\j>.CB~0.~. i'.'.·::.::" •.•.. (i

6... / ':2.055)109 ····1> iiNiO*MILES~~i~;;OUR;OR CRIME ~.bNEbBSER~~~<> ';; ,.f. B 2109 2112': 2125- 1

/ 2130.2224 /

o / .. 2238 2326 /

o / 2327 0004 /

B 0012 0022 0046 3

I 0056 0110 /

B 0110 011'1 0127 3

o / 0137 0300 /

o / 0310 0400 /

o / 0400 0456 / -:

, 0456 ....0506 055.L I

o / 0601 0620 /

.: riij;OREC(HODGES) Foib;jlPORT. CNFRi,w/ EMS# . MALE ASSAirr. TEP 'lpN.SCENE. TOURED AREA SUS.GoA!jm. . 57'7)'

E, id41 BENHAM '. ··AIIST.4D23 CIW TIS '. l'I\1t\LE UNDER (SLEDG·ily.

CPU '. CIW ABOVE

DISTRICT 4 BATTERY EXCHANGE

4239 LEE ROAD FRAUD. REPORT

LEE· HARVARD AREA TPUR FOR CRIME

16709 DEFOREST SUSPICIOUS VEHICLE

LEE· HARVARD AREA TOUR FOR CRIME .

I , .. ' I MALE BiH (SLEDGE). I>ACK IN DISrruqT 4

EXCHANGE BAITERY FOR PORTABLE *DIO, CNFR WII1I omCE STAFF .

INFO REC (SAMEH) FOR REPORT

NONE OBSERVED

VEHICLE (OIL PLATE NO. KlERRA H) CHEexs O.K Ii

NONE OBSERVED

5784

5784

/

5903

/

5966

/

DISTRICT 4 RMS# 09·335771 REPORT COMPLETED, SIGNED AND!FAXED 5771

DISTRICT 4

DISTRICT 4

RMS# 09·335903 REPORT COMPLETED, SIGNED AND FAXED, EVloENCE

. MlT/E, CNFRD W/.OIC AND4S33 {SGT. YOlmG)- i:

CONFER WI OffiCE STAFF COMPLETE .

5903

j

/

o / 0620 0630 . I . DISTRICT 4· . IN FOR RELIEF SUPERVISOR NOTIFIED . /

.

.

. .

MISC. STATS/EQUIPMENT RMS=2

ARRESTS CITATIONS ISSUED ISSUED

FEL 0 MISD. 0 TRF, 0 M. MISD. o PKG. INFRACTIONS o MISD. SUMMONS

PASSENGER OC\ 50(\

# 8~ --S-IO

# 2449 DRIVER

CLEVELAND DIVISION OF- rOLlCE DUTY REPORT

ZONE 3 PLATOOI'< Vice

DAY DATE TOURSTART~S~a~t. __ • ____ -?2/~&~1~0 ____ _

RADIO CALL NO. 3V82 TIME MILEAGE 1600 HRS.--,1~9"",1.::..61:....-

C OF C 71-.ZC-1 r&v. 12198

VEHICLE CODE#

N

CIRCLE DAMAGED AREAS

TOU R FINISH, ~S::::a~t. __ . _____ 2:::/:;::6/~1::.0 ____ _ 2400 H~i:S, --,1~9"", 1:::.84~

GASCARD# SHOTGUN# AMMO. BOX# PORTABLE TRAN$CEIVER#

N N 715324 DESCRIBE DAMAGE:

9 TOP

10 UNDER CAR minor scratches & dents 360

TOT~L- 23

VEHICLE & EQUIPME~T CHECK BY:

2327 OLD X NEW __ NEW DAMAGE REPORTED TO:

8 7'

Due for Service Mileage:

SOURCE OF ASSIGNMENT-

TIME

SOURCE REC'D. ARR.

1600

1630

2120

II

/I

/I

2235

2300

2325

2355

MISC. STATS/EQUIPMENT

ARRESTS

FEL.

PASSENGER

MISD.

Due for Service Date: Due for Service Stlckl": Y N - - - -B BROADCAST T TELEPHONE 0 DISTRICT 0 ON VIEW OR OTHER

PRIORITY DISPOSITION COMPo CODE LOCATION AND NATURE OF ASSIGNMENT

1630 3rd District Vice unit

/I 3rd District Vice unit

/I E. 118 Kinsman area

II 3rd District Vice unit

2230 Downtown area

2230 E. 12th Superior area


2310 Lee rd I Enterprise



CITATIONS ISSUED .' .----" I

TRF. __ M."liSD.

2327 DRIVER

Rpton duty completed

form 1 (Leonard) comoleted

Get C.I. completed

briefC} completed

liQ Inso attempted buy no results

liq Insp (Scorchers) comoleted

confwlIl2 of3v83 completed

clwabove et UC's comoleted

confw/380 completed

RptoffDutv comoleted

1557

, CAD

NUMBER r

•• , I

,

,

I;

,

.

,

,

r e1l1

N arc~ Jcs Rental Car Policy " ,

PURPOSE: Rental vehicles will be used to augment undercover car shortages.

, POLICY: Rental vehicles will be deployed as surveillance cars only.

They will not be used as take down vehicles and will not engage in pursuits.

PROCEDURES:

A. Deployment 1. Requests for deployment of a renta~ vehicle will need prior

approval from the Narcotics Captain or his designee. 2. Rentalvehicles will be deployed only as needed. Squad supervisors will. bi)

held accountable for ensuring rental vehicles are returned as soon as the ~leed for the rental vehicle is completed. In the case of vehicles on a "weekly re~tal" squad supervisors will ensure they are returned before the end of the 7 d~y period. The Narcotics Admin sergeant can assist with both rentals and returns. No overtime will accrue in the renting or return process without, prior approval from the Narcotics captain.

3. There is a set amount of cash available for the project. The Narcotics cap1lain , ,

or his designee will maintain close contact with the Budget Unit to ensure Iwe do not rent vehicles beyond-the capacity of the monies allotted. .

4. Accidents: All accidents or damage to rental vehicles will be handled in t~e same manner dictated by our GpO's relative to calling AIU and officer • reports and investigations are concerned. OR-h, RMS vandalism reportsietc will be made in all instances where damage occurs. Specific internal repo~1s relative to "Damage To City Property" (or accidents or vandalism may nQt be needed. Consult with AIU or your superVi~or. .

10/20/2009 .

TO: Mr. John Decker Pa'ge 2 of2

5. Parking: Rental vehicles will be parked in the J.e. at the end of the tOUlt of the squad using it.

B. Rental Vehicle User Responsibilities: . 1. Users will note in their duty the condition ofthe rental vehicle relative to

damage along with the make, model, license plate number and startingJiending mileage.,

2. Damage: users will immediately inform their squad supervisor of any d!amage or unusual issues with the rental vehicle.

3. Fueling- don't leave empty. When the vehicle is below ~ tank make arrangements to fuel or have the vehicle fueled. There is a generic gas c~rd for fueling. Arrangements for fueling will be made with Narcotics captain ~r Admin sergeant. "PLAN AHEAD". The vehicle fuel sheet must be comldeted by the fueling officer.

4. Log Book: In addition to the fuel sheet and duty notations a loose leaflog book will be kept containing pertinent information on each rental. The squad supervisor will be accountable for keeping this log current on a daily basis. The Narcotics Admin sergeant will inspect this log daily to ensure compliance.

C. Squad Supervisor Responsibilities .

10/20/2009

1. The squad supervisor will determine the anticipated time the rental: vehicle will be needed. He will compute the daily rate VS the weekly!rate and choose the rental rate that is most advantageous to CDP. .

2. The squad supervisor will determine the type of vehicle needed for t~e detail using the least expensive vehicle as possible to accomplish the i

mission. , 3. The squad supervisor will inspect the vehicle at the beginning and end of

their tours for damage and note this in their duties. Where possible ()Ie rental vehicle will be used by the same Narcotics member during its i deployment.

4. These rental vehicles are transferable to other members of CDP. As 'such the "originating rental" squad supervisor will be held accountable f~r documenting, in their duty, the "transfer" of the rental vehicle to anl>ther squad along with the condition ofthevehicle. The squad supervisor ~aking control of the rental vehicle will then be accountable for the rental vehicle.

Date . Lie Plate

.

Mise Fuel Card Log Sheet *Rentals Only*

Mileage Officer Badge Unit # Gallons

r-------r---------+-".------~------~--------~--------r_------4

r-------r---------+-t·------+_------_,__t--------_+_--------I__------_l r-------r---------+-',,'-----_,__t--------_+_--------I__-------+------____j

r-------~--------+_~'.------+--------+--------~------~------~ ~----~--------~,~.----~------~------~----------j----------j

:1: ..

r-------r-------__ +_-0:------~--~---+--------+_------~------~

·1__------r_--------r--ti~~~~~ •. 7_+_------_,__t--------_+_--------I__------_l ,. . .

. ..•. .

>

.'. ., . ; -.

.

:

May 6, 2011

Detective George Redding #2327


Re: Instruction and Counseling

Dear Detective Redding #2327:

I had the opportunity to review the fmdings of Internal Affairs Investigation complaint 2010-061 and the results of the pre-disciplinary hearing held on Tuesday, February 03, 2011 involving another member of the Division who was involved in this same incident. During the course of my review, I determined that you engaged in inappropriate conduct as it pertained to the rental of vehicles for undercover operations. Please review General Police Order 1.1.01, 1.1.02 and 1.1.03 as well as Rules 2.02, 2.03,2.04,2.13,4.03,4.12,5.01 and 5.08 of the Manual of Rules and Regulations. I have attached a copy of the Directives for your revlew.

Pursuant to the Manual of Rules and Regulations you are personally responsible for maintaining a current General Police Order notebook. Furthermore, your Commanding Officer maintains all Divisional directives, which you are obligated to also know pursuant to the Manual of Rules and Regulations. Please inform your Commanding Officer, through the chain of command, if you cannot access these policies and protocols. If you have any questions, please contact your immediate supervisor for specific answers about any of the Division's policies and protocols and their application.

MM:kec:nld

Enclosure cc: Hector Cuevas, Deputy Chief of Field Operations

Sincerely,


Calvin Williams, Commander, Second District Headquarters President Stephen Loomis, Cleveland Police Patrolmen's Association

Manual of Rules & Regulations for the Conduct and Discipline of Officers and Employees 2000





Rule 2.13: The following are additional grounds for disciplining personnel, including removal, in addition to the grounds stated in Civil Service Commission Rule 9.1 0:


IV. DUTY

Rule 4.03: Personnel shall give full attention to the performance of their duties.


V. BEHAVIOR

Rule 5.01: Personnel shall not engage in any conduct, speech or acts while on duty, or off duty, which would reasonably tend to diminish the esteem of the Division of Police or its personnel in the eyes of the public.


May 6, 2011

Detective Anthony Spencer #936



Dear Detective Spencer #936:

I had the opportunity to review the fmdings of Internal Affairs Investigation complaint 2010-061 and the results of the pre-disciplinary hearing held on Tuesday, February 03, 2011 involving another member of the Division who was involved in this same incident. During the course of my review, I determined that you engaged in inappropriate conduct as it pertained to the rental of vehicles for undercover operations. Please review General Police Order 1.1.01, 1.1.02 and 1.1.03 as well as Rules 2.02, 2.03, 2.04, 2.13, 4.03, 4.12, 5.01 and 5.08 of the Manual of Rules and Regulations. I have attached a copy of the Directives for your reVIew.

Pursuant to the Manual of Rules and Regulations you are personally responsible for maintaining a current General Police Order notebook. Furthermore; your Commanding Officer maintains all Divisional directives, which you are obligated to also know pursuant to the Manual of Rules and Regulations. Please inform your Commanding Officer, through the chain of command, if you cannot access these policies and protocols. If you have any questions, please contact your immediate supervisor for specific answers about any of the Division's policies and protocols and their application.

MM:kec:nld


Sincerely,








Rule 2.13: The following are additional grounds for disciplining personnel, including removal, in addition to the grounds stated in Civil Service Commission Rule 9.10:


IV. DUTY



V. BEHAVIOR

Rule 5.01: Personnel shall not engage in any conduct, speech or acts while on duty, or off duty, which would reasonably tend to diminish the esteem of the Division of Police or its personnel in the eyes of the pUblic.


February 3, 2011

Lieutenant Jerome Barrow #S467

Shaker Hts., Ohio 44120

Dear Lieutenant Barrow #8467:

This letter is to advise you (Lieutenant Jerome Barrow #8467) of the result of the administrative pre-disciplinary hearing you attended on Tuesday, February 2, 2011 in the conference room of the Chief of Police to address an internal investigation wherein you were alleged to have engaged in improper procedure:

General Police Order 1.1.01: City of Cleveland Mission Statement and Ethics Policy General Police Order 1.1.02: Values Mission Statement General Police Order 1.1.03: Standards of Conduct and Courtesy

Manual of Rules & Regulations for the Conduct and Discipline of Officers and Employees: 1.05,2.02,2.03,2.04,2.13 (a)(b)(f), 4.03, 4.12, 5.01 and 5.0S

Civil Service Commission Rule 9.10 (1)(3)(7) and (IS)

Specification #1: On Wednesday, October 20, 2009, you (Lieutenant Jerome Barrow #8467) allowed members under your command to represent another person's personal identifYing information as the member's own personal identifYing information when they rented a vehicle from the : under the Cleveland Police covert program.

Specification #2: On Thursday, February 4, 2010, you (Lieutenant Jerome Barrow #8467) allowed members under your command to represent another person's personal identifYing information as the member's own personal identifYing information when they rented a vehicle from the mder the Cleveland Police covert program.

Specification #3: On Friday, February 5, 2010, you (Lieutenant Jerome Barrow #8467) allowed members under your command to represent another person's personal identifYing information as the member's own personal identifYing information when they rented a vehicle from the , under the Cleveland Police covert program.

All in violation of the rules, regulations and procedures of the Division of Police, Department of Public Safety.

Lieuteuant Jerome Barrow #8467 February 3, 2011 Page 2 of2

In attendance for the administrative pre-disciplinary conference were you, Acting President Brian Betley, Acting First Vice President Jerald Zarlenga and Attorney Robert Phillips of the Fraternal Order of Police, Sergeant Charles DePenti of the Internal Affairs Unit, Sergeant Keith Campbell of the Case Preparation Office and the Executive Assistant to the Chief Deputy Chief Timothy Hennessy, who presided over the conference.

Prior to the hearing a mutual agreement was reached between you, your representatives, the Case Preparation Office and the Hearing Officer that the allegations set forth in the charge letter would be "Dismissed" with the understanding that you would received a "NonDisciplinary, Corrective Letter of Re-Instruction."

Therefore, I accept and adopt the settlement reached, dismiss this disciplinary action and I am issuing you this Non-Disciplinary, Corrective Letter of Re-Instruction. Please review the above listed Directives and their appendices to ensure that, in the future, violations of the list Directives do not occur.


This letter is not discipline, and should not be regarded as such.

MM:TH:kec

Sincerely,


cc: Hector Cuevas, Deputy Chief ofField Operations, Division of Police Timothy Hennessy, Deputy Chief of Administrative Operations Calvin Williams, Commander, Third District Headquarters George Seroka, Lieutenant, Officer in Charge, Police Academy Brian Betley, Acting President, Fraternal Order of Police Lodge #8

May 5, 2011

Detective John Foster #1863



Dear Detective Foster #1863:

I had the opportnnity to review the findings of Internal Affairs Investigation complaint 2010-061 and the results of the pre-disciplinary hearing held on Tuesday, February 03, 2011 involving another member of the Division who was involved in this same incident. During the course of my review, I determined that you engaged in inappropriate conduct as it pertained to the rental of vehicles for undercover operations. Please review General Police Order 1.1.01, 1.1.02 and 1.1.03 as well as Rules 2.02, 2.03, 2.04,2.13,4.03,4.12,5.01 and 5.08 of the Manual of Rules and Regulations. I have attached a copy of the Directives for your revIew.


MM:kec:nld


Sincerely,








Rule 2.13: The following are additional grounds for disciplining personnel, including removal, in addition to the grounds stated in Civil Service Commission Rule 9.10:


IV. DUTY



V. BEHAVIOR

Rule 5.01: Personnel shall not engage in any conduct, speech or acts while on duty, or off duty, which would reasonably tend to diminish the esteem of the Division of Police or its personnel in the eyes of the pUblic.


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