NOPD sanctions nine who violated LLC/off-duty paid detail policy

On Tuesday, the New Orleans Police Department found that nine of its officers had violated department policies relative to using an LLC (Limited Liability Corp­oration) to manage paid details they supervised or coordinated. It is not against NOPD policy to have an LLC; rather, it is against policy to have an LLC and use it to manage off-duty paid details. This prohibition has been in place for many years.

Those disciplined last week are Commander Edwin Hosli, Captain Fred Morton, Captain Joseph Wa­gues­pack, Captain Harry Men­doza, Lieutenant Otha Sandi­fer, Sergeant Bradley Rhodes, Ser­geant Joseph Catalanato, Officer Don Powers and Officer Matthew Patin. Each employee received a three-day suspension, the maximum penalty under existing NOPD policies. As details are a privilege of employment, these officers will each have a six-month suspension of detail privileges.

The NOPD recently surveyed each sergeant and above which resulted in the identification of these employees sanctioned last week. A department spokesman said the NOPD notifying all personnel on Aug. 2 that they have until August 9, 2011, to come forward if they are currently or have been in violation of these specific policies. Those employees will now know what the likely sanctions are for this specific violation. If after this one-week period the NOPD learns of any violation not reported, more significant disciplinary action may occur, up to and including dismissal.

“What is clear, as with so many findings of the Department of Justice and my evaluation of the NOPD, is that this many officers in violation speaks to a general failing of another NOPD policy,” NOPD Supt. Ronal Serpas said. “The NOPD will continue to hold individual employees accountable for their actions. Further, we will continue our work to refine all of our policies to national best practices and demand department wide compliance with these policies.”

Also Tuesday, Hosli and Rhodes, who have been on emergency non-paid suspension status for 87 days, will return to work under NOPD standard policies of administrative reassignment, pending the completion of the Inspector General’s independent review of any other potential violations. The NOPD has confirmed that this reassignment will not impede the Inspector General’s independent review. At the conclusion of the Inspector General’s review, appropriate action will be taken dependent upon the findings and in accordance with NOPD policies and procedures. Under NOPD administrative reassignment policies, employees’ law enforcement authority is restricted to their hours of duty, they are not authorized to wear NOPD uniforms, they serve in limited capacity positions and those employees are prohibited from working any paid details.

“The disciplinary action we take today furthers our commitment to accountability and corrects errant behavior,” Serpas said. “The fact that nine different employees, at least one from each rank, disregarded parts of our detail policies further illustrates the pervasiveness of departmental failings in holding officers accountable, just as we saw in the K-9 and Use of Force policies that were also simply ignored.”

On the specific subject of paid details, Superintendent Serpas added: “These violations reinforce our decision and current efforts to completely revise and reform our paid detail policy. We have recognized, as has the Department of Justice and our community, that we must address the equitable and transparent distribution of paid detail assignments to eliminate the potential abuses of paid detail coordination and activity. These reforms will provide comprehensive and cohesive direction department wide and apply to all paid details.”

“To me, that was a chance to say ‘Look I’m serious about not tolerating that stuff,’ and he did not,” WBOK radio talk-show host Paul Beaulieu said Thursday. “His friends got a slap on the wrist.

“The really big joke is that the chief said the department is going to have Inspector General Ed Quatraveaux look at subsequent actions. Ed Quatraveaux will not find anything wrong with this mayor or this police chief, period.

“It is illegal. You cannot have a company doing business with a department that you work in, especially in the police department,” Beaulieu added.

“When the Feds came down, that was one of the things they singled out. Our detail apparatus was absolutely corrupt and it was really bad for business. It promoted corruption and it promoted internal power in the police department that had nothing to do with rank and protocol. It had everything to do with who controlled the details and the money.”

“Again, Chief Serpas had a chance to allay some of the fears of the community, and he chose not to.”

This article was originally published in the August 8, 2011 print edition of The Louisiana Weekly newspaper