Personnel Review Board Results Announced regarding Iron Brotherhood Incident
Sheriff Mascher, as part of his transparency to release any and all documents regarding the Iron Brotherhood Investigation, is announcing the results of a Personnel Review Board decision today. The Sheriff also notes the Board has recommended termination of Marc Schmidt and Bill Suttle. Both Schmidt and Suttle had previously resigned.
The Personnel Review Board (PRB) convened on Tuesday, May 7, 2013, to review the Administrative Investigation surrounding the actions of Deputy Mark Boan on December 22, 2012, at the Moctezuma's Bar in Prescott. The Board, which includes YCSO, County Attorney, and Human Resources representatives, is chaired by Captain Jeff Newnum of the Law Enforcement Services Division. The final report was completed this week and submitted to Sheriff Mascher recommending Boan's termination. Sheriff Mascher accepted the Board's recommendation and Deputy Boan was served a Notice of Intent documenting the Board's results. Boan was then scheduled for a pre-action hearing in front of the Human Resources Department today. Captain Newnum was present on behalf of the Sheriff and Boan's termination was upheld effective today. Boan has indicated his intent to appeal.
An excerpt from the PRB report documenting the recommendation to terminate is included below:
Text from the PRB Deputy Boan's actions or lack thereof, commencing over the months before and following the incident, demonstrated his judgment as a veteran officer (14 years-service) has diminished with regard to the understanding of his Oath as a certified peace officer and loyalty to the Sheriff's Office (prior knowledge of an assault by a club member in previous months before the night of this incident and continued support of such club and actions before and after the Moctezuma's incident).
The Board notes the following policies violated:
YCSO 4/200.01.A.2 – Code of Ethics
YCSO 4/200.02 B - Off-Duty Requirements for Certified personnel
YCSO 4/200.03.MM – Unbecoming Conduct
YCSO 4/200.03.Y.1 – Reporting to Supervisor
Yavapai County 3.01-II.A.2 – Employee Conduct
Yavapai County 3.08-II.D3.i – Unbecoming Conduct
Yavapai County 3.08-II.D4.b - Investigations:
The Sheriff's Office Agency Manual, Section 3/1800.00 – Disciplinary Action & Procedures was used to determine the severity of these actions. The Sustained violations rose to the level of three Category III offenses. The Board finds these violations meet the criteria for the following Category III offenses.
Yavapai County Sheriff's Policy 3/1800.09 Categories of Offenses - Category III
l. Engaging in dishonest or conduct that undermines the effectiveness of the agency's activities or representative's performance, whether on or off duty.
p. Taking any action and/or behavior, on or off-duty, which will impair the efficiency or reputation of the agency or its representatives;
w. Infractions or violations of serious and major severity not otherwise specifically enumerated.
The Board sustains the listed policy violations resulting from Deputy Boan's actions and holds him responsible for these actions. Though Deputy Boan was not involved in the actual altercation, his actions prior to that night, that night, and then the following month pertinent to the investigation, demonstrated his lack of integrity and loyalty to represent the Yavapai County Sheriff's Office. The totality of the actions by Deputy Boan cannot be ignored because the severity of them exhibited a clear lack of judgment and commitment to the public we serve.
As noted in policy - Category III offenses include acts, as identified, of such severity that they may appropriately require suspension from duty without pay, demotion, or dismissal at a single occurrence.
As a result, the Board recommends the Sheriff's Office pursue termination pursuant to the Yavapai County Policy and Procedure Manual, 3.08, Disciplinary Actions.
The Administrative Investigative report completed for Sheriff Mascher by the Coconino County Sheriff's Office has been previously released.
Original release from April 25, 2013 - Internal Affairs Report Released regarding "Iron Brotherhood" Incident
Yesterday, Sheriff Mascher received reports documenting an administrative investigation by the Coconino County Sheriff's Office into an altercation involving members of a law enforcement group known as the Iron Brotherhood. The investigation involves 3 YCSO employees identified as Marc Schmidt, Bill Suttle, and Mark Boan. Schmidt and Suttle have since resigned from the Sheriff's Office. Deputy Boan remains an employee.
Statement from Sheriff Mascher ---
"I have thoroughly reviewed the reports submitted by Coconino County Sheriff's officials regarding the Whiskey Row incident that occurred in Prescott on December 22, 2012. I want to assure the public we serve that the dedicated men and women of this office hold themselves to a higher standard. As your Sheriff, I want to apologize to our community for any trust we may have lost as a result of this event. I know the badge has been tarnished and we will work relentlessly to regain the community's full trust and confidence."
Please note - The administrative reports have numerous references to the DPS investigation which is still underway. YCSO is not in possession of DPS reports documenting conclusions regarding the criminal investigation. DPS will release their final report exclusively.
Citizens can contact the Yavapai County Sheriff's Office with information or questions at 928-771-3260 or the YCSO website: www.ycsoaz.gov