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1 2 3 4 5 6 7 MR. ARBITRATOR: Let's get to the matter at hand, meaning this investigation . BY MS. DUFFY:

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MS. DUFFY: And I believe for purposes of how an investigation is conducted, how you go after an employee, I think it's relevant that you know how this individ ual treated one case in one scenario and how he's treating this particular case. MS. MEVERS : Your Honor, this was a tota lly separate and unrelated organization, FDLE, that conducted an investigation. It wasn't the Chief who was conducting the investigation. It was the Florida Department of Law Enforcement that was conducting the investigation. So what some separate organization diEI or did not do in regards to an investigation that related to the Deputy Ch ief in some other instance has nothing to do with how investigations are directed and proceed within the City of Coconut Creek. MR. ARBITRATOR : Response. MS. DUFFY : Your Honor, I'm asking him about his understanding of this investigation and the process it took. Not FDLE. This individual has his own
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Q. In this particu lar case, you testified that

you believed that Sergeant Cuddeback had committed theft with regards to the request for, or putting in for 20 hours of comp time, correct?

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A. The potential was there, correct.

Q. The potential was there. Okay. And
throughout investigation, sir, did you believe that a crime had been committed by Sergeant Cuddeback?

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A. There's a difference between, you know-- at

this particular point this was an administrative violation of policy and procedure that brought about the potential for a criminal investigation. What you referred to with Deputy Chief Biondolillo was a criminal investigation that was already started that brought about the administrative side. So there's two -- it's apples and oranges. You know, in this particular case, you know, during the course of the investigation, does the possibility exist down the road? Yes, it does. But at this particular point we started with the internal investigation. We had to finish it.
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2 3 4 5 6 understanding of what is appropriate, what's not appropriate. I'm asking him based upon his past actions if he believes that that's the appropriate way to handle administrative inquiries against subject employees where t here's potential criminal wrongdoing. MS. MEVERS: And if her line of questioning was geared towards what he thought was appropriate or inappropriate in the conducting this investigation, by all means, ask those questions. But what Ms. Duffy has been asking thus far has all been specifically how were investigations and the specific investigation regarding the Deputy Chief conducted at FDLE. Two separate issues. Two separate concepts. MS. DUFFY : Your Honor, I 'm asking him what his position was. He took a clear stance in that particular matter, requested that the administrative case against Biondolillo be held off until the criminal matter was resolved. And they even agreed with him and took his recommendation and did that.
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1872 Q. Oh, okay. In August of 2010 you met with

Michael Bra verman , correct?

A. Correct.
Q. All right. And during the meeting with
Mr. Braverman didn't you advise Mr. Braverman that Sergeant Cuddeback, if he didn't voluntarily demote himself, he would be facing criminal charges and possibly lose his pension?

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A. Absolutely not.
Q. You never stated that?

A. No, I did not. I said that Mr. Cuddeback had

the potentia! down the road fo r crim inalexposure. I said potential. And that's all I said.

Q. You never said anything about Sergeant

Cuddeback's pension bei ng in jeopardy?

A. Never even mentioned it.

Q. Okay. And the possible exposure to criminal
charges by Sergeant Cuddeback, that pertained to what, the 20 hours of comp time?

A. Correct.
Q . Okay. Was a crimin al investigation ever
initiated against Sergeant Cuddeback in regards to that?

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A. I don't believe I have to answer ongoing

potential criminal investigations.
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