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1 2 Mischaracterization of his testimony. MS. DUFFY: It's in my notes to what he testified to. I'm asking him if that's correct. MR. ARBITRATOR: What is the issue? The date? MS . MEVERS: I don't believe he testified as to when it was -- I don't believe he testified as to when it was incomplete. I believe he testified as to when the investigation was completed. MR. ARBITRATOR: There was testimony as to whether it was complete at a certain time. BY MS. DUFFY :

Q. Okay. And you knew that that had not

happened, correct?

A. As it went down through the ranks and they

looked at it and they asked if anybody, if he had reported it to anybody. No, it hadn't been reported.
MR. ARBITRATOR: Short break. (Whereupon, a brief recess was taken from 3:11p.m . to 3 :21p.m.) MR. ARBITRATOR: We're back on record. You may resume your examination. BY MS. DUFFY :

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Q. Chief, with regards to the General Order 15

which is PBA 20, it indicates in your policy that "A report will be documented on Coconut Creek Police Department complaint form and forwarded to the internal affairs commander. It will be the policy that the form be completed and signed by the complainant". Was any such form ever prepared or drafted in this particular case? /

Q. Was the investigation that was being

conducted by Biondolillo into the conduct of Sergeant Cuddeback, was it completed by September 1st, 2010?

A. The investigation, we had one last-- well,

that's where the communication breakdown and the procedural error occurred. But at that particular point we -- it was completed at that point except for one statement from the Explorer Cataldo.

A. I don't know.
Q. Who was the complainant in this case?

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A. It might have been the Deputy Chief. I'm not

sure. ../

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Q. Okay. And the investigation that was

conducted by Biondolillo as reflected in PBA 10, was

Q. You don't know who the complainant against BAILEY & ASSOCIATES REPORTING, INC. (954) 358-9090 1890

BAILEY & ASSOCIATES REPORTING, INC. (954) 358-9090 1892

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 that the investigation, or was that the information t hat you relied upon to draft PBA 11, which is a disciplinary action and administrative leave letter dated September 1st, 2010? MS. MEVERS: The City would only ask that Ms. Duffy provides copies of these exhibits to the witness so that he may be able to review them. THE WITNESS: I've got PBA 11 right here. Yes. BY MS. DUFFY :

Sergeant Cuddeback was jn this particular case?

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A. I'm not sure . .../

Q. If a form was created in compliance with
General Order 15, would that have been part of the investigative documentation? /

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A. Again, I'm not really sure. I'd have to ask

my Deputy Chief.

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Q. Now, with regards to your role in the

investigation itself, would I be correct in saying that your testimony thus far is that you did not take an active role, just basically had conversations with Biondol illo and maybe gave him some of your ideas or opin ions?

Q.

Okay . So t he investigation t hat was

A. Yes.
Q. Okay. Did you ever direct the Deputy Chief
not to question witnesses?

conducted by Biondolillo as reflected in PBA 10 was sufficient for you to prepare and issue PBA 11, correct?

A. Again, he asked me about the Explorers. I

told him, you know, that I felt it would be repetitive. And at that particular point I can say, yes.

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A. Correct.
Q. Okay. And the disciplinary action -- my
understanding in this particular case is you had been spea king with Mr. Braverman regarding possible disciplinary action against Sergeant Cuddeback, correct?

Q. Okay.
Now, you testified on Di rect that Biondolillo's investigation was not complete as of September 13th, is that correct? MS. MEVERS: Objection.

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A. At Mr. Braverman 's request I had a meeting

with him on August 5th. And our conversation pretty much was, you know -- again, I didn't have any

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