To: P.O Mike Amiott #63 From: Captain Kevin Kelly Subject: Formal Charges and Hearing Wednesday August 16, 2017 Officer Amiott, On Saturday August 12", 2017, at 10:24 hrs, you made a traffic stop and resulting arrest which included a use of force. As a result of this incident, | am formally charging you with the following rule violations: 10.01 Violation of Rules: Members of the Police Department shall not commit acts, or omit any acts which constitute a violation of any rules, regulations, directives or orders of the Euclid Police Department, whether stated in this rule or elsewhere. 10.05 Unbecoming Conduct: Members of the Police Department shall conduct themselves at all times, both on and off duty, in such a manner as to reflect favorably on the Euclid Police Department. Unbecoming conduct shall include that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual. 10.14 Unsatisfactory performance: Members shall maintain sufficient competency to properly perform their duties and assume the responsibility of their positions. Members shall perform their duties in a manner which will maintain the highest standards of efficiency in carrying out the functions and objectives of the Department. Unsatisfactory performance includes, but is not limited to, a lack of knowledge of the application of laws required to be enforced; an unwillingness or inability to perform assigned tasks; the failure to conform to work standards established for their position, an officers rank, or grade; the failure to take appropriate action on the occasion of a crime, disorder, or other condition deserving the members attention; or absence without leave. In addition to other indicators of unsatisfactory performance, the following will be considered prima facie evidence of unsatisfactory performance: repeated poor evaluations or a written record of repeated infractions of rules, regulations, policies, procedures, directives, or orders of the Department. 10.20 Insubordination: Members of the Police Department shall promptly obey any lawful orders of a superior rank officer. This will include orders relayed from a superior officer by an officer of the same or lesser rank,10.54: Use of force: Officers shall not use more force in any situation than that which is reasonably necessary under the circumstances. Officers shall use force in accordance with the law, departmental procedures, and training (reference P & P #419) P.O. Amiott, on Saturday August 12, 2017 at 1024 hrs., you observed a 2011 Hyundai being driven by Richard Hubbard pass the stop bar pavement markings painted on the ground at the intersection of Lakeshore and East 228. You stopped the Hyundai on East 228" street and spoke to Hubbard, advising him of the violation, as well as the fact that the registered owner, Yolimar Caraballo, (the front seat passenger) had a suspended drivers license. You were in attendance at a roll call that | had earlier addressed, in which | specifically said to all officers in attendance that although legally permissible, | did not want officers stopping cars for stop bar violations as the primary probable cause for a traffic stop. | know you were at that roll call as | made | contact with you, as well as several other officers. You stopped Mr. Hubbard in direct violation of my lawful order (10.20 Insubordination), thereby proving your unwillingness or inability to perform assigned tasks (10.14 Unsatisfactory Performance) as well as showing your inability to conform to work standards established for you position, by not following explicit instructions from me. As a direct result of the traffic stop, you observed other potential violations, and decided to place Mr. Hubbard into custody. This required you to use force on Mr. Hubbard when he exited the vehicle and did not turn away from you as instructed. Use of Force 10.54 states in part, “Officers shall use force in accordance with the law, departmental training procedures, and training (reference P & P #419). Per physical arrest policy #419, under the definitions section of the procedure, section |. a.-4, that there is to be “an understanding by the arrestee that he is being arrested’. You told Mr. Hubbard to exit the car, and to face away from you. The implication is that you would be taking Mr. Hubbard into custody, as you stated in your report, but you did not specifically advise him he was being placed under arrest, leaving argument of your intentions. In Policy/Procedure 419, Use of Force and Firearms, under the Policy Statement, paragraph three states “It is the Policy of the Euclid Police Department that officers use only the degree of force which is reasonable and necessary to effect lawful objectives including, but not limited to: effecting a lawful arrest, or overcoming resistance to a lawful arrest, preventing the escape of an offender, or protecting and defending others or themselves from physical harm. Officers shall base their actions and the degree of force they use upon the degree of resistance encountered from the suspect.” In section II. Use of Force, section B. Officers will not purposely exceed the force necessary to perform their duty as dictated by the particular circumstances faced by the officer.Your repeated closed fist punches to Mr. Hubbards head, coupled with your lack of verbalization, were ineffective in getting Hubbard to submit to arrest. Mr. Hubbard was actively resisting, justifying your level of force, but other more effective and appropriate force options were available. By violating Policy and procedure, and exceeding the force necessary to perform your duty, you also violated Rule 10.54 Use of Force. These actions on your part are a violation of Rule 10.05 Unbecoming Conduct, which specifically states in part “Unbecoming conduct shall include that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual.” These actions have caused serious damage to the public confidence in the Euclid Police Department, and the City of Euclid, You are hereby ordered to attend a pre-disciplinary hearing in the second floor conference room on Friday, August 18, 2017 at 1400 hrs. to answer to the formal charges. Per the collective bargaining agreement, you will be given the opportunity to give an explanation of the alleged conduct. You may have a representative of the FOP present at the pre-disciplinary hearing. Cost for any representation shall be borne by you. Served by Date. Received by585 East 222nd, Street, Euclid, OH 44123-2039 BUCEID POLICE DEPARTMEN1 EUCLIO Scott Meyer Chief of Police August 18, 2017 545 East 222nd Street (216) 289-8513 VIA Hand-Delivery Fax: (216) 289-8327 email: smeyer@cityofeuclid.com P.O, Michael D. Amiott I #63 Euclid Police Department P.O, Amiott #63 : On Friday, August 18, 2027, at 2:10pm, a hearing was held pursuant to departmental charges brought against you by Captain Kevin Kelly. The following individuals were present at the hearing: myself Executive Captain Jim Savage, Captain Kevin Kelly, Law Director Kelley A. Sweeney. You were present and with counsel Robert Phillips and Joseph Mando. Additionally, F.O.P. Lodge 18 President Patrol Officer David Trend #75 and FOP members Sgt. Joel Barron and Patrol Office Steve Shubert #26 were present for your hearing, You were charged with violating the following Departmental Rules: 10.01 - Violation of Rules, 10.05 ~ Unbecoming Conduct, 10.14 — Unsatisfactory Performance, 10.20 — Insubordination and 10.54 ~ Use of Force. The charging dacument was completed by Captain Kevin Kelly on August 16, 2017 and was personally served upon you on August 16, 2017. These charges stem from the traffic stop/arrest conducted by you ‘on August 12, 2017 (E.P.D. #17-05661) and the subsequent internal review/investigation. During this hearing, you pled not guilty to all of the charges and requested the charge of 10.20~ Insubordination be dismissed. ‘The hearing was concluded at 2:18 pm. | find you guilty of the following charges: 10.01 - Violation of Rules 10.05 - Unbecoming Conduct 10.14 ~ Unsatisfactory Performance 10.20 ~ insubordination * I merged 10.54 — Use of Force, into both 10.05 ~ Unbecoming Conduct and 10.14 ~ Unsatisfactory Performance. er ES SES P.O. M. Amiott #63 Page 1 of 2Asa result of these rule violations, the following disciplinary action is imposed: 1. You are suspended, without pay, for fifteen (15) days effective August 12, 2017. This 15- day unpaid suspension is the maximum penalty that | may impose per the Local Rules of the Civil Service Commission and the Charter of the City of Euclid. However, | am recommending that Mayor Kirsten Holzheimer Gail suspend you for an additional thirty (30) days unpaid [for a total of forty-five (45) days unpaid]. Further, you will not be permitted to work police side-jobs any time during this suspension period. During the time of suspension, your Department issued firearm and your Department credentials (badge and 1.0.) will be turned into the Euclid Police Department, 2. At the conclusion of the unpaid suspension, | will determine in what division you will be assigned. When | determine you may return to uniform patrol duty, you will be placed with a Department Field Training Officer for a period of no less than sixty (60) days. You will be mentored and monitored by this Field Training Officer who will document your performance on a daily basis. Iwill personally select the Field Training Officer(s) who will complete this task 3. When returned to duty, you will complete a minimum of eighty (80) hours of training related to Force Options and Human Relations. This will be in addition to our annual training requirements. Course selection will be determined by our tr me. This 80 hours will be completed within 12 months of your return to duty. ing supervisor in consultation with 4, You are permanently removed from your position as a member of the E.0.G.E. Tactical Team. 5, Any further related violations of the Euclid Police Department's Policy & Procedures or Rules & Regulations will result in the immediate recommendation to the Mayor that your employment be terminated. Sincerely, sore “B~ Scott Meyer, Chief of Police P.O, M. Amiott #63 Page 2 of 2