HENDERSON POLICE DEPARTMENT

HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 1 OF 5

Officer Name / P#: Ofc. Angela Walter #1460 Ofc., Division: Patrol CASE #: IA 2015-030
Ronald Feola #1383, Sgt. Michael Gillis #651, Lt.
Brandon Brooks #846, Lt. Wilson #772
Date / Time of Occurrence: 12/2014 through 01/2015 Duty Status: On Duty

Investigator(s): Sgt. John Gayer #683

Allegations/Complaint:
It is alleged Officers Walter and Feola violated Department Policy DPM 517 Citations by voiding citations for
personal reasons. It is alleged Sgt. Gillis approved Officers Walter’s and Feola’s voided citations, in violation
of DPM517. It is alleged Lt. Brooks approved Officer Walter’s voided citation, in violation of DPM517. It is
alleged Lt. Wilson improperly performed his supervisory responsibility by directing the use of improper
terminology regarding voiding citations.

Investigative Summary:
In late February 2015 to early March 2015, a draft report of the Henderson Police Department Traffic Citations
Audit was released by the City Auditor’s Office. The Audit encompassed the period from October 1, 2012
through September 30, 2014. There were a total of 37,256 citations (both electronic and manually written)
issued by HPD Officers during this time period. In the Audit report, it was noted that 171 traffic citations were
submitted to either void or dismiss citations through the use of form, HPD0138 Request for Citation
Void/Dismissal/Amendment. The Auditor researched and discovered 96 of the 171 HPD0138 forms were
submitted after the citation had been filed in Court. Those citations were voided using the reason “Interest of
Justice”. One HPD0138 form had the reason “Interest of Justice Family/Friends of HPD”.

Research into documentation from the Audit revealed citation number H174237A was written on 12-20-14 to
violator Bethany Flores-Rubi for Fail to Obey Traffic Control Device-Steady Red by Officer Walter #1460. An
HPD0138 form was discovered voiding Citation number H174237A which was dated 1-24-14. The form was
filled out and signed by Officer Walter. The approving signatures were Sgt. Michael Gillis #651 and Lt.
Brandon Brooks #846. The void reason listed on the HPD0138 form is “Interest of Justice Family/Friends of
HPD”.

Subsequent to the discovery of the voided citations in the Audit, one hand written citation, number H179524A,
was discovered as voided in a completed citation book. The book was issued to Officer Ronald Feola #1383.
The citation was written by Officer Feola on 12-06-14 to Carl Costolo for Failure to Obey Traffic Control Device
(Steady Red). The citation had “VOID” written and underlined across the front of the citation as well as
“Interest of Justice – Officer Family” with Officer Feola’s initials and P number. On the back of the citation, the
following information was hand written in the Arrest Reports/Notes for Testifying in Court section; “Interest of
Justice Officer Family”, Officer Feola’s initials and P number, and Sgt. Gillis’ signature and P number. All
copies of the citation were included in the citation book.

On April 1, 2015 Lt. Brooks was interviewed in relation to this case. Lt. Brooks was assigned to Patrol, West
Area Command at the time he signed the HPD0138 form from Officer Walter. He never reviewed the citation
written by Officer Walter. Lt. Brooks did not remember signing the HPD0138 form. He stated that usually he
would get a stack of various papers in his inbox and sign them all at the same time. He did not recall reading
“Family/Friends of HPD” on the form. Lt. Brooks stated that is not an acceptable reason to void a citation and
would have brought it to the attention of the Sergeant or Officer. Lt. Brooks reviewed approximately 15-20
HPD0138 forms a year while assigned to patrol.

HPD 0076 City of Henderson, NV Revised: 10/02/2013

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HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 2 OF 5

Since he has been assigned to the Traffic Bureau, Lt. Brooks reviews a copy of all HPD0138 forms generated
by the members of the Department. During the Citation Audit, Lt. Brooks was interviewed by the Auditor and
this issue was discussed. Lt. Brooks explained the variety of situations in which “Interest of Justice” could be
used, to the Auditor, and “Friends and Family of HPD” was not one of the reasons.

On April 2, 2015, Officer Walter was interviewed in relation to this case. Officer Walter stated another
Henderson Officer contacted her regarding the citation written to Flores-Rubi. She did not remember the
identity of the officer, but does recall the officer who asked her void the citation, advised that Flores-Rubi was a
family member or friend. The officer then asked if Officer Walter could “Do me the courtesy” referring to either
voiding or dismissing the citation. Since Officer Walter had turned the citation in for processing, she filled out
the form (HPD0138) using “Interest of Justice” as the reason to void the citation. Officer Walter turned the form
into her supervisor, Sgt. Gillis.

Officer Walter stated Sgt. Gillis questioned if she knew the violator to which she responded “No” and that
another officer asked her to take care of it. Officer Walter then stated Sgt. Gillis had a discussion with her
regarding the HPD0138 form. Officer Walter stated she had originally used the reason “Interest of Justice”
only on the form, but Sgt. Gillis told her that was incorrect. He instructed her to add “Family and friends of
HPD” to the HPD0138 form, which Officer Walter did and submitted it. Officer Walter stated this was the only
HPD0138 form she can recall filling out and turning into her supervisor at the request of another officer. Officer
Walter is aware the practice occurs within the Department.

On April 2, 2015 Officer Feola was interviewed in relation to citation number H174237A. He remembers
conducting the traffic stop, issuing the citation and later that same day, being asked to void the citation. He
stated Officer Costolo contacted him because he cited his brother. Officer Feola advised that he didn’t
receive the pink copy of the citation from Officer Costolo for a couple of days and that when he did, he wrote
“Officer Family” as additional justification for the “Interest of Justice” reason.

Officer Feola stated he has voided citations in the past for “Interest of Justice” reasons and officer error. He
stated this has occurred approximately 10 times in his career at the request of other officers and that he
usually receives the pink copy of the citation from other officers. Officer Feola has only submitted the
HPD0138 to amend citations, never to void or dismiss citations. Officer Feola has never asked another officer
to void a citation as a favor for him. After completing this citation book, Officer Feola turned it in to Sgt. Gillis
and advised him that the book had voided citations to review.

On April 2, 2015, Sgt. Gillis was interviewed in relation to this case. Sgt. Gillis did not remember anything
specific regarding the citation written and voided by Officer Feola. He did recognize the violator on the citation
had the same last name as an officer currently employed by the Department.

Sgt. Gillis explained that he receives paperwork, from his officers, in piles that he reviews during or at the end
of the shift. Concerning completed citation books, Sgt. Gillis stated he reviews each book, checking to make
sure all copies are intact. If a citation has been voided, he makes sure the Officer writes the reason for the
void and has signed it; he signs the back of the citation and the booklet and then turns it into his Lieutenant.

Regarding the HPD0138 forms, Sgt. Gillis stated he reviews the form for accuracy, makes sure it is signed with
a reason for the void, signs the form himself and turns it into his Lieutenant. He stated he has not seen a lot of
these forms turned into him and, in general, would not question an officer who is requesting a citation to be
voided.

HPD 0076 City of Henderson, NV Revised: 12/22/2010

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HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 3 OF 5

Sgt. Gillis stated, of all his supervisors, only Lt. Wilson has returned either HPD0138 forms or citation books
back for correction. Sgt. Gillis stated, approximately 2 years ago, Lt. Wilson had a conversation with him that
“Interest of Justice” was not by itself a sufficient reason to void a citation and officers needed to provide
additional information such as “Friends and Family”. Since that discussion, Sgt. Gillis has required his officers
to write the exact reason for voiding citations on either the back of the citation in the completed book or on the
HPD0138 form.

When asked for his definition of “Interest of Justice”, Sgt. Gillis stated it is a “catch all” to describe various
reasons in which the Department would benefit from voiding a citation. He stated it is not uncommon for
officers to ask other officers to void citations. Sgt. Gillis stated he has asked other officers to void citations in
the past, but not since he was promoted. He further stated that he has never received anything in return for
voiding a citation.

On 04-08-15 at 1525 hours, Lt. Wilson was interviewed in relation to this case. Lt. Wilson stated his role as a
Lieutenant for voiding citations is as follows: For completed citation books, he makes sure all audit copies are
attached. He checks citations, still remaining in the book that have “VOID” written across the front, and
ensures a reason is written on the back of the citations. He also checks to make sure the officer and the
sergeant have signed the voided citation. He signs the back of the book and turns the booklet into the Police
Administrative Specialist (PAS). For the HPD0138 forms, Lt. Wilson checks the form for accuracy, makes sure
an appropriate void reason is listed, and that the officer and sergeant have signed the form. He then signs the
form and turns it into the PAS.

Lt. Wilson stated he has returned citation books, back to his sergeants, because they had not been completed
according to policy. He stated he specifically has returned completed citation books back to Sgt. Gillis
because he had not signed the voided copies and reasons were not listed on the back of the citation. He told
Sgt. Gillis a citation could not be voided without a reason. He has never told any supervisor or officer to use
“Friends and family” as a reason to void a citation. Lt. Wilson stated that the use of the term “Friends and
family” would create a bad public perception if used as a reason to void citations.

Lt. Wilson has been a Lieutenant for approximately 5 years. Until the citation from Officer Feola, he has never
heard or seen citations voided using any variation of “Friends and family” as a reason. As a supervisor, he has
never ordered anyone to void a citation for him although he is aware that officers have asked other officers to
void citations for friends or family members.

During his career, Lt. Wilson stated he has asked other officers to void citations for his family or friends and
has been asked to void citations for friends or family members of officers, including officers from other
departments. Lt. Wilson advised he has never received any compensation for voiding citations for anyone.

Lt. Wilson stated his interpretation of “Interest of Justice” is that by writing a citation, it does not serve the
situation or is just the right thing to do.

On 5-3-15, Officer Massenburg was interviewed as a witness. Officer Massenburg stated he asked Officer
Walter to void the citation she wrote to Bethany Flores-Rubi which she did. Ms. Flores-Rubi is a close family
friend to Officer Massenburg and his wife. When asked for his interpretation of “Interest of Justice”, Officer
Massenburg stated that the discussion of the violation with a friend or family member is just as effective as
issuing a citation and the end goal of getting drivers to obey traffic laws is accomplished.

The Las Vegas Review Journal published 2 articles and 1 editorial related to the Audit report dated March 24,
2015 and March 25, 2015.

HPD 0076 City of Henderson, NV Revised: 12/22/2010

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HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 4 OF 5

There are no previously related investigations, involving these Officers, within the last 3 years.

The aforementioned incident(s) may be a violation of the following:

Officer Walter:
Henderson Police Department Policy Manual

DPM 1094 Code of Conduct: Conduct Unbecoming

Conduct unbecoming an employee which has the potential to bring discredit to the Department
(Class 2).

DPM 1094 Code of Conduct: Violations Not Listed Elsewhere

DPM 517 Citations: Citations May Be Voided When
In order to avoid the appearance of impropriety, citations will only be voided for legitimate and
excusable reasons (Class 3).

Officer Feola:
Henderson Police Department Policy Manual

DPM 1094 Code of Conduct: Violations Not Listed Elsewhere

DPM 517 Citations: Citations May Be Voided When
In order to avoid the appearance of impropriety, citations will only be voided for legitimate and
excusable reasons (Class 3).

Sgt. Gillis:
Henderson Police Department Policy Manual
DPM 1094 Code of Conduct: Conduct Unbecoming
Conduct unbecoming an employee which has the potential to bring discredit to the Department
(Class 2).

DPM 1094 Code of Conduct: Supervisors

Failure to properly perform required supervisory responsibilities (Class 2).

DPM 1094 Code of Conduct: Violations Not Listed Elsewhere

DPM 517 Citations: Citations May Be Voided When
In order to avoid the appearance of impropriety, citations will only be voided for legitimate and
excusable reasons (Class 3).

HPD 0076 City of Henderson, NV Revised: 12/22/2010

 HENDERSON POLICE DEPARTMENT
HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 5 OF 5

Lt. Brooks:
Henderson Police Department Policy Manual
DPM 1094 Code of Conduct: Conduct Unbecoming
Conduct unbecoming an employee which has the potential to bring discredit to the Department
(Class 2).

DPM 1094 Code of Conduct: Supervisors

Failure to properly perform required supervisory responsibilities (Class 2).

DPM 1094 Code of Conduct: Violations Not Listed Elsewhere

DPM 517 Citations: Citations May Be Voided When
In order to avoid the appearance of impropriety, citations will only be voided for legitimate and
excusable reasons (Class 3).

Lt. Wilson:
Henderson Police Department Policy Manual
DPM 1094 Code of Conduct: Supervisors
Failure to properly perform required supervisory responsibilities (Class 2).

To the best of my knowledge and belief, all entries made herein are true and impartial.

INVESTIGATOR: Sgt. John Gayer DATE: 04-16-15

HPD 0076 City of Henderson, NV Revised: 12/22/2010