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Here’s The Scoop … LBTS-BSO Chief Llerena Responds ….

April 9, 2010 by Barbara

Dear Readers… Chief Llerena responded to the Public Records Request this writer made and posted yesterday …(4/8/10)….The previous request was in response to the letter Town Manager Esther Colon sent on April 7, 2010 to Fl. Attorney General McCollum…Her letter included the chair and shackle used in the previous BSO quarters and insinuated, in this writer’s opinion, that use of it was endangering the welfare and the human respect of detainees…The Chief has responded just as I recalled and posted, that the chair and shackle were in compliance…He went on to add that I needed to contact the Town Manager to respond to my question of why if she were so concerned over the use of it she did not do something to remedy the situation such as restore, retrofit or replace the old holding cell …I have sent a inquiry to ask that question of the Town Manager (see below)… As for my suggestion that the BSO may want to send in their own letter to the AG about the chair and shackle, the Chief has sent that on to BSO “chain of command”…and I will post their response when received…

E-MAIL FROM CHIEF LLERENA….

From: “LLerena, Oscar”
Date: Fri, 9 Apr 2010 14:09:32 -0400
To: Barbara Cole
Cc: Cedeno, Angelo
Subject: RE: Public Record Request

Please see below in blue. …(separated the response out for post)…

Chief Oscar Llerena
Lauderdale-by-the-Sea District
Broward Sheriff’s Office
(954) 491-3920 Office

Please note that Florida has a broad public records law, and that all correspondence sent to me via email may be subject to disclosure.

From: Barbara Cole [mailto:[email protected]]
Sent: Thursday, April 08, 2010 1:18 PM
To: LLerena, Oscar
Cc: [email protected]
Subject: Public Record Request

Dear Chief Llerena;
It has come to my attention that the Town Manager sent a letter to Attorney General Bill McCollum yesterday (4/7/10) to clarify her actions in the termination of Chief Scott Gooding.
Included in her letter to AG McCollum was the following statement by Manager Colon -“Public Safety is my prime concern not only to the employees, citizens and visitors of our Town, but also the welfare and human respect of a detainee. Attached are photos of the before and after holding cell.”
It was my understanding in visiting the BSO office shortly after the termination of Chief Gooding that the chair and the “shackle” were not in any violation and BSO was operating within the laws of “welfare and human respect for a detainee”.
Please verify this for me along with any documentation stating this as factual.

……………………..

RESPONSE FROM CHIEF LLERENA-

The previous Temporary Detention Area, while not ideal, was maintained in compliance with Chapter 11 of the BSO Department of Law Enforcement Standard Operating Procedures as well as state and national law enforcement accreditation standards. Unlike our regular policy manual, the DLE SOP may be exempt from public records requests, so any request for that document must be made directly to our Staff Services division.

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While in the BSO office that day I also saw the old holding cell. Can you tell me why the Town never upgraded that cell if the Town Manager was so concerned about the “welfare and human respect for a detainee”?

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RESPONSE FROM CHIEF LERENA-

This question may be better addressed directly through the Town Manager.

………………………

I feel that if the BSO was acting within the proper guidelines, the BSO might also want to contact AG McCollum to clear up any misrepresentation of improper actions being done by the BSO in LBTS over the years in using the chair in question and possibly leaving the BSO and the Town open to litigation by any former detainees after reading the Town Manager’s statement sent to the AG.
If this is done, I also request a copy of that letter and any correspondence to and from the Town Manager on this subject.

……………………
RESPONSE FROM CHIEF LLERENA-

BSO has always operated all temporary detention areas within accepted policy and law enforcement accreditation standards. This concern has been relayed through the BSO chain of command for their attention.

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I await your response, Thank you Barbara Cole
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E-MAIL TO CHIEF LLERENA……
Re: Public Record Request
Friday, April 9, 2010 2:14 PM
From:
[email protected]
To:
“Oscar Llerena”
Cc:
[email protected]
Thank you for your response. When you receive a response from “the chain of command” please send it as well.
Barbara Cole
……………………………

E-MAIL TO TOWN MANAGER COLON….
Inquiry To The Town Manager
Friday, April 9, 2010 4:37 PM
From:
“Barbara Cole”
To:
[email protected]
Cc:
[email protected], [email protected]
Madam Town Manager,
I read your letter of April 7, 2010 to Fl. AG McCollum.
In your letter you included the following paragraph “Public safety is my prime concern not only to the employees, citizens and visitors of out Town, but also the welfare and human respect of a detainee. Attached are photos of before and after holding cell.”
I am aware there was actually a cell on the premises, although it was in disrepair and being used to store items.
Did you as Acting Town Manager or Town Manager over the last 3+ years ever attempt to look into and present to the Commission the possibility of either repairing, retrofitting or replacing that holding cell due to your statement to the AG of your “prime concern” being the “welfare and human respect of a detainee”?
If so please provide me that information.
If not, why not?
I await your response.
Thank you, Barbara Cole

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more to come….

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