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Highlands Today

Detention Deputy Suspended, Reassigned

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By JOE SEELIG

Highlands Today

Published: September 15, 2008

SEBRING - When the court feels inmates deserve a break, it has the option of assigning them to perform community service tasks through the Highlands County Sheriff's Community Maintenance Program.

The responsibility of administering that program was the role of two detention deputies and their supervisors.

Due to what has been described as poor record keeping and management practices, one of those detention deputies, Levon Stukes, faces a two-day suspension without pay on Sept. 17 and Sept. 18, and has been reassigned to a security squad working inside the jail.

What prompted the suspension and reassignment of Stukes began in April, when Stukes submitted a "questionable sign-in log."
Program participants pay a $5 fee daily when they show up for their work assignment, either to Stukes or his counterpart - or to one of several participating work locations, such as the Lake Placid and Avon Park police departments, NU Hope and the Avon Park Recreation Center.

Thet are also required to sign a sign-in sheet for each day they work.

The money collected daily by Stukes and the other deputy are turned in daily. The money collected by the participating work locations are picked up several times a week, according to Sheriff's Detention Maj. David Paeplow.

Instead of collecting the fee from an inmate daily, Stukes accepted a lump-sum payment in a money order for several days of work. And he was not getting the sign-in sheets signed.

Paeplow pointed out that there was no criminal intent in Stukes had done.

"He just took some shortcuts," he said.

In the case of at least one participant, an affidavit of noncompliance was issued on May 13 by Judge Anthony Ritenour, ordering the participant to be taken into custody for failure to complete his Community Maintenance Program requirements.

The participant had been ordered to serve 20 days in the CMP at the Avon Park Recreation Center. An initial inquiry by a supervisor showed that the participant had not worked any of his community maintenance hours.

Then a sign-in log indicated 10 entries that he had worked from Feb. 2 to April 15, but did not contain the participant's signature as required, in order to receive credit, and it was only discovered after the affidavit of noncompliance had been issued. Eleven days were entered into the computer database.

The affidavit in the file on June 27, still not entered into the sheriff's office warrants system, according to Lt. Paula Weeks.

But then on July 9, the affidavit of noncompliance disappeared out of the participant's file when Weeks was looking for it so the sheriff's warrants division could enter it into the system.

An internal Investigation was ordered on July 17, and Stukes was notified the same day, according to a report by sheriff's Lt. Gus Garcia, who did the investigation.

"When she asked Stukes three times where the affidavit was, Lt. Weeks said deputy Stukes did not give her a straight answer, but rather went on and changed the subject," Garcia reported.

When a colleague asked Stukes why the participant's file was still open, he reported that he saw Stukes produce a sign-in log and rip the affidavit of noncompliance that had already been signed by the judge, his report stated.

"Deputy Stukes allegedly told him that since it had not been entered into the warrant system yet, he could do that," Garcia wrote.

The correct thing for Stukes to do was to officially request the court to rescind the pickup order, Paeplow said.

The initial discrepancies were noticed after a deputy who came to the supervisor with a question about the program, the report stated.

This resulted in the discovery of many open CMP files, meaning there were other people who never completed they community service days required by the courts.

In all it was discovered the participant in question worked 21 days; one more than the 20 days required by the court.
Stukes reportedly told Garcia that he wrote and submitted a sign-in log after the affidavit of noncompliance had been issued. He also entered the dates into the computer database which indicated he had completed the program.

He told Garcia that he wrote the dates based upon "information from (the participant) and not from the Recreation Center where (the participant) was supposed to have done his CMP work."

He could not explain the 21 day to 20 day discrepancy, "saying that this happens often," the report stated.

Stukes' immediate supervisor, Sgt. Larry Goggins told Garcia he had no firsthand knowledge of the participant's file and said he never saw any of the sign-in logs until they were brought to his attention by Lt. Weeks.

In addition to Stukes' suspension, and reassignment, it was also recommended to Sheriff Susan Benton by Paeplow that Stukes "not be considered for any future openings in the program" due to his disregard of the basic rules of the program and failure to maintain appropriate documentation.

When asked if any action would be taken involving Stukes supervisors, Paeplow said the sheriff's office was still reviewing the supervisors' roles.

"Currently a new computer program has been implemented to track the Community Maintenance Program Participants," Paeplow wrote. "In addition the following required procedures, several new suggested controls that were developed from a review of the program, will be implemented."
Stukes said he had been assigned to the Community Maintenance Program for about nine years, according to Garcia's report. Paeplow said Friday it was eight years.

"We all make some mistakes in our lives and this was his," said Paeplow. "I hope people don't get the wrong impression of the man."

Joe Seelig can be reached at 863- 386-5834 or jseelig@highlandstoday.com .

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