Formal Complaint
From: John Derrig
To: Chief Schettino
Subject Officer: Capt. David Baer
In February 2016, | spoke with you in your Office and advised | had concerns with the Internal
Investigation that led to my previous termination. | explained to you that | intended on making a formal
complaint against Capt. Dave Baer, who is still employed at the Marco Island Police Dept. You advised
‘that you personally suggest that | should “move forward” and leave things in the past. | took your advice
and did not file a complaint at that time.
| believe that itis imperative that an internal investigation be conducted on the conduct of Capt. Baer
After reading the award, | believe it is your responsibility as the Chief Administrator of Police Dept. to
have the entire investigation be investigated. The investigation was bias and clear example of gross
mismanagement, malfeasance, misfeasance, gross waste of public funds and gross neglect of duty
committed by a Police Captain within the Marco Island Police Dept.
Bias: As presented and ruled upon in arbitration, the union proved that | was retaliated against. Capt.
Baer also violated Departmental Policies in an effort to sustain policy violations against me. The
arbitrator's language was very strong when he spoke of unequal treatment and retaliation.
Gross Mismanagement: The union proved there was a continuous pattern of managerial abuses,
wrongful or arbitrary and capricious actions that had a substantial adverse economic impact. The
investigation alone cost the City of Marco Island Thousands of dollars in man hours alone. The cost of
transcriptions and polygraph examinations are clear examples. The cost of arbitration and attorneys fees
for a botched internal investigation impacted the City of Marco Island economically.
Malfeasance: Captain Baer’s investigation was a clear example is also an example of Malfeasance. Capt.
Baer violated our policy pertaining to photo line-ups and ignored FOLE guidelines when completing
photo line ups. Captain Baer misrepresented factual information to Matthew Goetz to obtain a
controlled specific reposes based on the inaccurate information.
Capt. Beer intentionally and willfully violated my Officer Bill of rights and advised he was aware of the
violations in arbitration.
Misfeasance: Captain Baer’s abused his authority and completed a botched investigation caused the City
of Marco Island to pay Attorney's fees for 2 no-win situation in a termination hearing. Capt. Baer abused
his authority as a Police Captain by improperly acting as a bias internal investigator.
Gross waste of public funds: Captain Bear led the Department in an investigation that lasted over a year
and a half long, The FBI, State Attorneys’ Office, and Florida Dept. Law Enforcement all informed Bear
that they would not be taking any action. Still Capt. Baer continued his investigation for internal
purposes. Captain Baer even utilized Interpol and the South African Police during his maliciousinvestigation. This investigation cost the City of Marco Island thousands of Dollars in man hours and
overtime hours.
Gross neglect of duty: Capt. Baer completed a bias investigation in an effort to have me wrongfully
terminated. Capt, Baer neglected his duty as a Police Captain as well as being an impartial as an internal
investigator. Captain Baer ignored exculpable evidence that would find me not guilty of violations of
policy.
| expect that an impartial investigation be conducted and a disposition within 90 days according to
Florida State Statue 12.
John Dertig