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Res 21-76 RESOLUTION NO. 21-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH INSTITUTING AN INVESTIGATION OF THE' POLICE DEPARTMENT ~D CONFIRING T~ AUTHORITY TO REQUEST SUBPOENAS IN FURTHEP~2~CE OF THE INVESTIGATION TO THE CONSULTING FIRM OF CP~SAP, McCO~ICK ~D PAGET, INC. OF WASHINGTON, D.C. BY ~D THROUGH ITS EMPLOYEES WHO WILL BE CONDUCTING THE INVESTIGATION ~ND HAVE BEEN RETAINED FOR THAT PURPOSE ~ND CONFERRING UPON SAID FI~ AND ITS EMPLOYEES THE AUTHORITY TO ADMINISTER OATHS. WHEREAS, there has been considerable dissension and turmoil among the employees of the Police Department since very early in 1974 and con- tinuing to the present; and, WHEREAS, this turmoil and dissension may be affecting the effi- ciency of the Police Department and is not in the best interest of the City; and, WHEREAS, supervisory personnel have been accused of using their supervisory authority to confer special privileges on those members of the department with whom they are friendly or in accord and disciplining and/or discharging other members of the department with whom they are not in accord That, instead of exercising their authority on an impartial basis relating to merit and equality of treatment they have been accused of using this authority to perpetuate their own personal interest and those of their friends within tke department; and, WHEREAS, it has been alleged that individuals in the Police Department have intentionally destroyed records of the department to hinder and delay an investigation which possibly would lead to the discharge of certain individuals Within the department; and, WHEREAS, it has been alleged that certain individuals may have intentionally falsified police reports with the knowledge and approval of their supervisory officers in the Police Department; and, WHEREAS, it is the desire of the City Council of the City of Delray Beach to thoroughly and impartially investigate these complaints, charges and allegations and to determine the following: (a) If the assignment, deployment, disciplining and discharging of employees by supervisory personnel has been done with propriety or if such authority has been misused. (b) If Police Department records have or have not been intentionally destroyed to hinder an investiga- tion, which might lead to the discharge of certain individuals, and whether or not if such destruc- tion has occurred it was done with the knowledge and approval of supervisory personnel. (c) If Police reports have or have not been falsified, and, if so, if this has been done with the know- ledge and approval of supervisory personnel. (d) .If grounds exist for the discharge of any person acting in a supervisory capacity relative to the Police Department; and, WHEREAS, the City Council feels that in order to adequately investigate the aforesaid charges and accusations that the investigation should cover the period of January 1, 1974, through April 26, 1976, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, AS FOLLOWS: Section 1. That an investigation of the Police Department of the City of Delray Beach is hereby convened covering the period from January 1, 1974, through April 26, 1976, to be conducted by the Consulting Firm of Cresap, McCormick and Paget, Inc., of Washington, D.C. to inquire into all of the allegations referred to above. Section 2. That the Consulting Firm of Cresap, McCormick and Paget, Inc., of Washington, D.C. by and through its employees conducting the investigation is hereby given the authority to request of the Municipal Court the issuance of subpoenas to compel the testimony of witnesses, the production of documents, and for other proper purposes in furtherance of the investigation pursuant to Section 8.02 of the City Charter. Section 3. That the Consulting Firm of Cresap, McCormick and Paget, Inc., of Washington, D.C. by and through its employees conducting the investigation is hereby given power and authority to administer oaths for the taking of sworn statements in the conduct of the investigation whick shall be taken and given under penalties of perjury. PASSED AND ADOPTED in regular session on this the 26th day of April, 1976. ATTEST: City Clerk -2- Resolution No. '21-76