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Microsoft word - 02minutes2010

MEETING OF THE
POLICE STANDARDS ADVISORY COUNCIL
February 17, 2010

The monthly meeting of the Police Standards Advisory Council was held Wednesday,
February 17, 2010 in the library of the Nebraska Law Enforcement Training Center.
Legal notice of the regular meeting was published in the Lincoln Journal Star on
Thursday, February 4, 2010.
As amended by LB 898, 2006 Legislature, a current copy of the Nebraska Open
Meetings Act
was available for public review and reference.
Chief Montgomery announced two new members had been appointed to the Council. Sheriff
Neil Miller of the Buffalo County Sheriff’s Office replaced long standing member Sheriff Terry
Wagner of the Lancaster County Sheriff’s Office and Ex Officio Member Special Agent-In-
Charge Weysan Dun of the Federal Bureau of Investigation replaced Special Agent in Charge
John Kavanagh.
I. CALL

Chairman, Chief Mark Montgomery called the meeting to order at 9:02 AM.
Roll Call of Members:
Chief Mark Montgomery – Present
Mr. James Bogner – Present
Sheriff Dean Chase – Not Present
Chief Robert Lausten – Not Present
Sheriff Neil Miller – Not Present
Captain Genelle Moore – Present
Lieutenant Colonel David Sankey –Present
Mr. William White – Present
Special Agent in Charge Weysan Dun – Present

Crime Commission and N.L.E.T.C. Staff Present:
Mr. Michael Behm, Executive Director – Crime Commission
William Muldoon, Director – N.L.E.T.C.
David Stolz, Agency Counsel – N.L.E.T.C.
Brenda Urbanek, Deputy Director – N.L.E.T.C.
Kay Fielding, Secretary to the Council – N.L.E.T.C.
Steve Gobel, Staff Assistant – N.L.E.T.C.
Other Persons Present:
Captain Mike Kerby – N.S.P.
Chief Deputy Dan Hejl – Seward County Sheriff’s Office
Sheriff Dave Spiegel – Boone County Sheriff’s Office
Sheriff David Derickson – Boyd County Sheriff’s Office
Deputy Matthew Marshall – Boyd County Sheriff’s Office

II. APPOINTMENT

CHAIRMAN

Chief Montgomery made a motion to appoint Mr. James Bogner as chair of the Police Standards
Advisory Council. Lieutenant Colonel David Sankey seconded the motion.

Roll Call Vote:

Chief Mark Montgomery – Yes
Captain Genelle Moore – Yes
Lieutenant Colonel David Sankey – Yes
Mr. James Bogner – Yes

The motion passed 4 – 0.

III.

NOMINATION AND ELECTION OF VICE-CHAIR

Chairman Bogner entertained nominations for Vice-Chair.

Chief Mark Montgomery nominated Genelle Moore. Lieutenant Colonel Sankey seconded the
nomination.
Hearing no other nominations Chairman Bogner asked for a roll call vote.
Roll call vote:

Mr. James Bogner – Yes
Chief Mark Montgomery – Yes
Captain Genelle Moore – Yes
Lieutenant Colonel David Sankey – Yes

The motion passed 4 – 0.


APPROVAL OF DECEMBER 16, 2009 P.S.A.C. MINUTES

Chairman Bogner asked if there was a motion to approve the December 16, 2009 minutes.

Captain Moore: So moved. Chief Montgomery: Second.
Roll call vote:
Chief Mark Montgomery – Yes
Captain Genelle Moore – Yes
Lieutenant Colonel David Sankey –Yes
Mr. James Bogner – Yes
Motion carried 4-0.

V. ACADEMY

Director

Mr. Muldoon welcomed the two new members and noted that Sheriff Miller was unable to attend
today’s meeting due to the dedication of the new Buffalo County Justice Center.
Mr. Muldoon reviewed attachment #1, NLETC Highlights for 2009, and the summary report of
what was offered in 2009.
Mr. Muldoon stated the Sheriff’s election would be take place this November and Neb. Rev.
Stat. §23-1701.01 (2004) assigned the Training Center with the responsibility of reviewing
persons who filed for election, but were not certified. To date 14 persons requested a letter from
the Training Center verifying they passed a FBI fingerprint background check and the TABE
test. Of those 7 were sent letters that they met the requirements. We are still waiting for results
on the other 7. February 16, 2010 was the deadline for incumbents to file. We have one
incumbent who is not Nebraska certified and the remainder have until March 1st to have their
fingerprint cards returned to us from CID at the NSP.
Deputy Director of Training – N.L.E.T.C.

Ms. Urbanek stated the 176th Basic Training Session started with 30 students and currently had
26. She stated the information packet contained a separation notice reflecting one student had
separated from training; however the student has since returned to training which was acceptable
because he hadn’t missed the required number of hours that would precluded him from returning.
Reflecting on Attachment #1, she stated last year’s student numbers were probably the lowest in
the last 15 years.
The Sheriff’s Continuing Education course was conducted last week which included a 6-hour block on Civil Process that was opened up to officers other than sheriffs. 14 sheriffs attended the entire two and a half day course and roughly 28-30 attend the Civil Process portion. This week we are conducting Supervision training and Management is coming up in March. The driving portion of basic was completed last week and we continue to have issues with the surface of the track that was applied last fall. The Training Center is currently fully staffed. Captain - Nebraska State Patrol

Captain Kerby stated in anticipation of the upcoming Sergeants promotional process, we will be
holding two sessions of our First Line Supervision class in March and April.
Since the Patrol doesn’t have a recruit class going right now the sworn training academy staff
members have been placed on four-ten hour shifts. They work the road two days a week, giving
them an opportunity to get familiar with the new technology in their patrol cars. The new
technology includes MDC’s (mobile data computers), document scanners and the paperless
citation system.
The upcoming sworn officer in-service training would include two TVI/Pit training days per
session.
In preparation for our CLEA accreditation later this year, Lieutenant Mark Williams was
temporarily assigned to the reaccreditation team at State Headquarters.
The Patrol will be hosting two specialty seminars:
In cooperation with the Transportation Security Administration (TSA), the Training Academy will host 2-8 hour Behavior Recognition Training classes for Law Enforcement; March 23rd and March 24th, 2010. In cooperation with the Department of Homeland Security and the Federal Law Enforcement Training Center (FLETC), the Training Academy will host a 32 hour Commercial Motor Vehicle Counterterrorism Training, April 26-29, 2010.
The bomb technicians are currently conducting their monthly recurrent training in the vehicle
inspection building.
The Patrol procured three L.A.V.’s (Light Armored Vehicles) from the Nebraska Army National
Guard and was currently conducting training in Lincoln. Three person teams are being trained
to assist SWAT and NEMA in civilian rescue type operations. The LAV’s will be stationed in
Lincoln, Grand Island and Sidney.
CRIME COMMISSION REPORT

Mr. Behm stated he would like to present a plaque to Sheriff Terry Wagner reflecting his years
of service to the P.S.A.C. and Crime Commission from 1994 to 2009 during the 176th Basic
graduation on April 9th.
I have been watching three legislative bills and testified on two of the three. One is the racial
profiling bill that adds three new members introduced by Senator Giese. Of the two I testified
on, I testified in favor of the sunset bill which will do away with the sunset on LEIF tuition and I
testified in opposition to a bill by Senator Louden that would allow non-U.S. citizens to become
law enforcement officers.
VII. OLD BUSINESS

No Old Business.
VIII. NEW
BUSINESS
Tyler Dickinson, Seward County Sheriff’s Office;
Waiver of One-Year Reserve Officer Training Requirement

Mr. Muldoon stated Mr. Dickinson was appointed as a Reserve Deputy with the Seward County
Sheriff’s Deputy on September 30, 2008 and was required to receive certification within a year.
His application process was never completed and by the time this came up he had 27 days of
eligibility left. We received a change-in-status removing him from the agency to preserve the
time he had left to receive certification. A letter was sent on January 6, 2010 notifying Seward
County that without a waiver from the Council he would be unable to attend the February session
because he would be unable to complete it within the remaining 27 days. Sheriff Yocum
requested a waiver of the one-year training requirement on January 7, 2010. Officer Dickinson’s
file was complete and he would be admitted to the February 2010 Reserve Training Session if
the Council approved a waiver.
Chief Deputy Dan Hejl addressed the Council stating Sergeant Vance was unable to meet some
of the time requirements for completing the paperwork due to a medical issue. Mr. Dickinson
was removed from reserve status on September 30th and had not performed any law enforcement
duties since that time. The Seward County Sheriff’s Office was requesting a waiver allowing
him to attend the February 2010 Reserve Training Program.

Captain Moore: I move that we approve the waiver. He has already completed all of his
paperwork and there is no concern that he is not going to be able to qualify. I think this was an
issue of a hardship on Sergeant Vance’s part for being gone for three weeks. Lieutenant Colonel
Sankey: I’ll second.
Roll call vote:
Captain Genelle Moore – Yes
Lieutenant Colonel David Sankey –Yes
Mr. James Bogner – Yes
Chief Mark Montgomery – Yes
Motion passed 4-0.
Mr. Bogner stated the waiver was granted with the understanding he will be enrolled in
the February 2010 class.
Appeal - Denial of Application for Basic Training
Deputy Matthew Marshall, Boyd County Sheriff’s Office
This hearing of the Police Standards Advisory Council is called to order. I will note the following Council members are present: Myself, Mr. James Bogner, representing the Public at Large Chief Mark Montgomery – Cozad Police Department Captain Genelle Moore - Lincoln Police Department Lieutenant Colonel David Sankey - Nebraska State Patrol SAC Weysan Dun – of the Federal Bureau of Investigation and Mr. William White – Crime Commission Liaison Sheriff Dean Chase – Dixon County Sheriff’s Office Chief Robert Lausten – LaVista Police Department Sheriff Neil Miller – Buffalo County Sheriff’s Office. The Council has been asked by the Petitioner, Matthew Marshall, to consider evidence for the following matter. This is Case Number 10 PSAC 55. Mr. Marshall was denied admission to the NLETC Basic Training Academy as Nebraska Administrative Code Title 79, Chapter 8, Section 005.02A6d provides; “Has not illegally used any dangerous drugs or narcotics, other than marijuana, for any purpose in the last five (5) years.” The Council is here pursuant to its authority as stated in Nebraska Revised Statute Before we continue any further gentlemen, would you identify yourselves as Mr. William Muldoon is presiding on behalf of the Nebraska Law Enforcement Training Center and will present the reasons for denial pursuant to his statutory duties as stated in Nebraska Revised Statute §81-1404 and its related statutes. Does either party contest the Council's authority to hear this type of case? There is no objection. I will further note that the petitioner is present and is not represented by counsel, although the sheriff is here. Pursuant to Title 79, Chapter 13 the burden is on the applicant to demonstrate they should be allowed entrance into the Training Center. Mr. Marshall, I want to go over your rights in this Administrative Hearing. You have the right to be heard, either in person, as you are, or by counsel who you have hired at your own expense. You also have the right to notice; that is to receive a statement from the State, the Nebraska Law Enforcement Training Center, detailing or justifying its actions in this matter. Did you receive such notice via letter from Mr. Muldoon stating his reason for the Did you notice any defects in your letter that prejudice you from presenting your The only defects I feel that, I feel my integrity was in jeopardy. But are there any defects in the letter itself? Okay. Additionally, you have the right to present written evidence at this hearing, a right to the Council's findings and the right to seek judicial review thereafter. The Police Standards Advisory Council shall act as the hearing board for this appeal. Neither I nor any other Council member will be a witness for either side and I am not aware of any matter which I believe may be grounds for challenge by either side against me or the other members. I have not had any personal information conveyed to me nor do I have any personal knowledge of the case. Does any Council member have any personal knowledge of the case? Seeing none, does either side have any further questions or challenge for cause Mr. Muldoon, do you have any procedural documents for this case and if so, I would like to offer Matt Marshall’s application file including a Personal Character Affidavit that I will hold out here for a moment because I’m going to It will be accepted as Exhibit #1. Let the record reflect that Exhibit #1 is the application file and has been received and entered into the record. Does either side wish to address any further preliminary matters? Seeing none, Mr. Marshall, as the petitioner, you may make an opening statement Simply my statement is, like I said on the appeal, I feel that my integrity was in jeopardy. I based everything on honesty. Everything that has happened with that, in the case, I mean the only thing that I could think of honestly is the fact, is that based on, after the fact, after everything happened, then that’s when it was announced that, what the actual substance was and since I have no recollections of what the substance was at the time of, it was given, I feel that it was just, and I feel that it was, I can explain, or I could explain myself, through the application. I can understand that it was misrepresented, or mistook, I tried to explain it as brief After reviewing Director Muldoon’s appeal, I then again sent, or his denial, his first time, I then sent another appeal stating it was, again, brief and to the fact, after the fact it was stated what the drug was, if I would have known, only known what the drug was, or the substance was, I wouldn’t have taken it. I wouldn’t have jeopardized my military record, my security clearance and I just wouldn’t Mr. Muldoon, do you wish to make an opening statement? Now is the time further evidence can be presented to the Council. This may include written evidence, witness testimony and or any unsworn statements by Mr. Marshall, do you have any written evidence for us to consider? Mr. Marshall, do you have any witnesses to testify on your behalf? Mr. Marshall, do you have any further statements at this time? Yes, just identify yourself for the record. Sheriff David Derickson, Boyd County. After listening to Mr. Marshall’s explanation to me, he spent (7) seven years in the military, had random drug testings, even after he had ended his active military and went into Reserves. He took a job with a company out of Lincoln, had a drug test there. In the (7) seven years with the drug testing that he went through, random or scheduled, that there, from what I understand, there is no sign of any drug usage, you know, that has ever showed up in any of them tests. So we really don’t know exactly what he was given, whether it was an actual drug or something that somebody just said this is what it was after the fact. You know, that’s on a DUI conviction, you have your conviction, and sure knowledge that that’s what he was, you know, doing is drinking and driving. Here there is an unknown there, even though we have the drug testing that went on so that’s, I guess, why we’re probably here more so than anything is that we don’t have anything that really substantiates other than what he was told and what he relayed in his application. Otherwise if we’d of known for sure, we probably wouldn’t even be here today. Are there any questions for the sheriff or Mr. Marshall at this time? Mr. Muldoon, do you have any written evidence for us to consider? I have his character affidavit, which is a part of the file that has already been received into evidence as item number one (1), but I did want to call attention of the Council to a couple of the boxes on this form. On page three (3) there is a statement that the applicant needs to initial and question number two (2) is; “I have not used illegal drugs or narcotics other than marijuana in the five years preceding this application for admission to the Training Center.” this is not initialed. Further, when you go to page eight (8) there is a question, number four (4), “Have you used any controlled substance, other than marijuana, for any purpose in the past five (5) years?” it is left blank. And then on the last page there is an explanation that states,” It was the summer of 2007, I was at a girlfriend’s house,” it goes on, I’m going to skip this for reading into the record, but it can be read for you guys, “she told me to chew it up, it was nasty, it tasted like chewing a lead pencil. Not knowing what the little pill was, I asked, she told me it was a rollie, r-o-l-l-i-e. I asked, what the heck is a rollie, she explained that it was exdacy (sic) spelled e-x-d-a-c-y. I didn’t think nothing of it and blow it off.” Based on that, I issued a letter of denial on Chapter 8, Section 005.02A6D, which requires that an individual of good character is someone who generally can be defined as an individual who has not illegally used any dangerous drugs or narcotics other than marijuana for any purpose in the last (5) five years. Mr. Muldoon, do you have any witnesses to testify? Do you have any further statements, Mr. Muldoon? I did issue the denial, I did get a letter in November from the Sheriff requesting an appeal and on December 2, 2009, I did receive a letter from Matt Marshall, that is also a part of the file, that stated that he now believed that the substance was Viagra and that he would not have taken the pill if he had thought it was a Based on the way the boxes weren’t checked initially on the application, I didn’t see that explanation as enough to sway me from the fact that at the time he completed the application he thought it was something more than a prescription drug and I issued another letter that the denial would stand and that was sent on Mr. Marshall, do you have anything additional to offer in light of the Training The only thing I have to say about the Viagra is, with the commercials and stuff like that, I figured anybody could get it. I know now, only after the appeal process and stuff like that, I’ve actually looked it up to where I find that it is a controlled substance, it is a prescribed drug and I’ve also known what the side effects of Ecstasy was and I can honestly say that the time that the pill was given that I did not have any side effects of Ecstasy whatsoever. Mr. Marshall, do you want to make any closing arguments at this time? That would be it sir. No sir, I’m sorry. No, okay. Mr. Muldoon, you may make your closing argument. Yes, it basically is a straight up Chapter 8 violation that requires a five (5) year period of time to pass. He would be eligible for admission to the fall basic of 2012 if he were to continue the course that he is on, as far as good citizenship and conduct. There is nothing in the record that would permanently preclude him from entering the police academy at a future date. Sheriff, is Mr. Marshall acting in any capacity with your department at this time? Yeah, he’s still been working up until the decision is made, which way we’re Okay, and what is his position with your department? And when did he become a deputy sheriff with your department? Okay, do we have any questions by the Council members? I have a question. Why didn’t you check those two (2) boxes? Ah, the first box that Director Muldoon talked about, I honestly skipped over it, cause that question was in check and when I didn’t initial the affidavit, I explained it at the end cause I felt that you needed to hear, or the Training Center needed to hear my explanation on how I felt and how I keep my integrity in Now the first one I just simply skipped over, never went back to, I should have revised an application or when I did, I looked at the top of the questions and saw that they were checked and assumed every single one of them was checked. Any other questions from council members? Montgomery: Back when you consumed the pill, what was, why did you do that? I couldn’t tell you sir, I really couldn’t. It could have been the heat of the I honestly cannot tell you why, but I can tell you this, after the fact that she told me that it was Ecstasy, the relationship no longer lasted after that. Combat engineer, sir, explosive engineer, we arm/disarm bombs, mines and Yeah, can you help me understand, I guess the circumstances under which you took the pill that, if I understand you correctly, you took something you didn’t What was the circumstances that led to that? Um, sir, to be honest with you, it was the heat of the moment. It was, I was asked if I wanted to experience a more sexual intimacy, and I agreed. The feeling that, when the pill was announced to me that I thought it was maybe Viagra, and I’ve heard, you know of Viagra being in Iraq, people coming home with Viagra, you take a pill, you have some kind of arousement out of it, and that’s honestly what I thought it was. I didn’t physically take the pill at that time, I was actually tied up, so she placed it in my mouth, but as it does say in my appeal, or affidavit, is that I Any other questions of the Council members? Yes, for the prevention of needless in jury to the reputation of Matthew Marshall I would like to make a motion to go into executive session to discuss the evidence and testimony presented in the hearing today. For the purpose of executive session, we will allow Mr. Stolz, Kay Fielding and Steve Gobel to remain while Let the record reflect that voting members Sheriff Dean Chase, Chief Robert Lausten and Sheriff Neil Miller are not present. The time is 9:44 AM. I would remind the public body that they must restrict their discussion in executive session to the purposes stated in the motion to go into executive session. Let the record reflect that the time is now 9:49 AM and all parties are present when the Council went into executive session are again present. You have a motion. All parties present before the Council went into executive Do we have a motion to come out of executive session? Yes, I make a motion to come out of executive session. Do we have a motion, now on the matter in the hearing? Based upon the record and the information that we received today, I recommend We have a motion and a second. Kay would you call the roll call? Mr. Marshall you have heard the decision of this Council and then you would be This hearing is therefore concluded. The time is 9:55 AM.
Training Center Tuition;
Operating
Instruction

Mr. Muldoon discussed the proposed tuition fees for the next fiscal year stating the fees would
begin July 1, 2010 and run through June 30, 2011. At this time we are not recommending any
changes in tuition or fees. The fees are calculated on a $40.00 a day formula with free lodging
for mandated programs. Charges for specialized courses would remain the same because we are
still fully LEIF supported and lodging would remain at $18.00 a night, double occupancy. I
would mention that LB 844 currently remains in committee, which is the bill to change our
funding formula, basically putting it back to what it was. If the bill does not come out of
committee and does not pass, we will start charging tuition January 1, 2011.

Captain Moore: I move that we accept the proposed tuitions fees. Chief Montgomery: Second.

Roll call vote:
Captain Genelle Moore – Yes
Lieutenant Colonel David Sankey –Yes
Mr. James Bogner – Yes
Chief Mark Montgomery – Yes
Motion passed 4-0.
Reserve Certification Activation Fee;
Title 79, Chapter 7, Section 004.07D(6)
Mr. Muldoon stated setting the fee was an annual requirement and recommended having no fee, as had been done historically, since we were still LEIF supported.
Lieutenant Colonel Sankey: I’ll make the motion that we waive the fee on Reserve Certification.
Captain Moore: Second.

Roll call vote:
Lieutenant Colonel David Sankey –Yes
Mr. James Bogner – Yes
Chief Mark Montgomery – Yes
Captain Genelle Moore – Yes

Motion passed 4-0.
Sheriff’s Continuing Education Report
Ms. Fielding reported all Nebraska Sheriff’s had completed 20 hours of continuing education for calendar year 2009. Agency Handgun Qualification Report
Ms. Fielding reported all agencies had submitted a 2009 Agency Handgun Qualification report. Annual Individual Officer Firearms Certification Violation Report

Mr. Muldoon reported that all officers complied with the Annual Firearms Certification and no
suspensions were issued for calendar year 2009.
2009 Annual Handgun Qualification Waiver Requests
Buffalo Co. Sheriff’s Office
Richard L. Larson
Burwell Police Dept.
Monte R. Kearns
Douglas Co. Sheriff’s Office
Robert J. Rodgers
Military
Grand Island Police Dept
Rick L. Ehlers
Military
Grand Island Police Dept.
Eric M. Javins
Lancaster Co. Sheriff’s Office Terry B. Jones
Military
Lancaster Co. Sheriff’s Office Derick M. Peters
Military
Lexington Police Dept.
Charles H. Clark
Lincoln Co. Sheriff’s Office
Charles A. Nichols
Lincoln Police Dept.
Lynette K. Russell
Logan Co. Sheriff’s Office Carl
Richards
Logan Co. Sheriff’s Office
Robert A. Robinson
Norfolk Police Dept.
Rick D. Brahmer
Nebraska State Patrol
Clinton S. Bohaty
Military
Nebraska State Patrol
Samuel P. Mortensen
Military
Nebraska State Patrol
David E. Pohl
Nebraska State Patrol
Kirk R. Slaughter
Military
Nebraska State Patrol
Glen C. Waddle
Omaha Police Dept.
Matthew C. Stewart
Military
Omaha Police Dept.
Howard W. Tarver
Omaha Police Dept.
Keith P. Thompson
Omaha Police Dept.
Coral D. Walker
Omaha Police Dept.
Larry R. Wells
Perkins Co. Sheriff’s Office
Mark W. Bottom
Mr. Muldoon reported on the waivers and recommended approval as requested. Captain Moore: I move that we accept the 2009 Annual Handgun Qualification Waivers on Attachment #4 of all the officers listed as requested. Lieutenant Colonel Sankey: Second. Roll call vote:
Mr. James Bogner – Yes
Chief Mark Montgomery – Yes
Captain Genelle Moore – Yes
Lieutenant Colonel David Sankey –Yes
Motion passed 4-0.
2008-2009 Handgun Qualification Waiver Request
Boone Co. Sheriff’s Office, Ryan J. Smith – Military Waiver

Mr. Muldoon stated last year there was one semi-waiver request for Mr. Ryan Smith who
previously had a military waiver for having been activated and then last year the Sheriff
indicated he was not requesting a waiver and it resulted in the suspension of this person. Now in
2009/2010, we had some communication, both with Mr. Smith and Sheriff Spiegel and the
Sheriff came forward with a waiver request for both 2008 and 2009 due to military deployment.
A letter of explanation was submitted to the Council.
Sheriff Spiegel addressed the Council stating he and Mr. Smith had a conversation following the
2008 suspension and apparently Mr. Smith submitted his 2008 extension request to the sheriff’s
office on August 11, 2008, however the Boone County Sheriff’s Office was unable to find it. It
was Boone County’s mistake and they were requesting a waiver for both 2008 and 2009.
Mr. Muldoon stated Mr. Smith was currently on suspended status and in order to change him
from that status and remove the $50.00 reinstatement fee the Council would need to approve the
2008 waiver as requested.

Captain Moore: I would move that we grant the waivers for Mr. Smith for 2008 and 2009. In a
time of war, I think we do need to consider these. There is a lot of correspondence that goes
back and forth and as the Sheriff mentioned, there was some issue with getting something. He
was in good standing when he left; I think we should grant his waiver. Lieutenant Colonel
Sankey: I’ll second.
Roll call vote:
Chief Mark Montgomery – Yes
Captain Genelle Moore – Yes
Lieutenant Colonel David Sankey –Yes
Mr. James Bogner – Yes Motion passed 4-0. Koan Nissen – University of Nebraska at Lincoln Police
Extension of 3 Year Firearms Instructor Recertification Requirement
Mr. Muldoon briefly reviewed the request.
Chief Montgomery: I’ll make a motion to approve the waiver based on him getting into the next
available firearms recertification. Lieutenant Colonel Sankey: I’ll second.
Roll call vote:
Captain Genelle Moore – Yes
Lieutenant Colonel David Sankey –Yes
Mr. James Bogner – Yes
Chief Mark Montgomery – Yes
Motion passed 4-0.

K. Instructor

Certification/Recertification
Original
Peters, Michelle - Omaha Police Department
General/Recertification

Bredow, Daniel J. – Omaha Police Department
Smith, Karenina L. – Omaha Police Department

Professional/Original

Gray, Scott J. – Omaha Police Department

Ms. Urbanek recommended approval of all requests.
Lieutenant Colonel Sankey: I’ll make a motion to accept approval of the original certification and recertification of these individuals. Captain Moore: Second.
Roll call vote:
Lieutenant Colonel David Sankey –Yes
Mr. James Bogner – Yes
Chief Mark Montgomery – Yes
Captain Genelle Moore – Yes

Motion passed 4-0.
Revocation Hearing LR-059-07
Antoniak

Mr. Stolz gave a summary of the revocation request and offered the revocation file, containing
the formal complaint and consent to revocation by this body, for the Council’s consideration.
Mr. Bogner, hearing no objections, accepted the revocation file as Exhibit #1 into the record.

Captain Genelle Moore: Based on clear and convincing evidence presented today in case
number LR-059-07 and considering the respondent’s consent to revocation of his law
enforcement certification and waiver of notice and hearing, I hereby move that the Council
revoke Scott A. Antoniak’s Nebraska Law Enforcement Officer Certification based upon the
grounds contained in the formal complaint. Said revocation effective upon the review and
approval of the Nebraska Commission on Law Enforcement and Criminal Justice. Lieutenant
Colonel Sankey: I’ll second.
Roll call vote:
Mr. James Bogner – Yes
Chief Mark Montgomery – Yes
Captain Genelle Moore – Yes
Lieutenant Colonel David Sankey –Yes
Voting members absent: Sheriff Dean Chase, Chief Robert Lausten and Sheriff Neil Miller
Motion passed 4-0.
Revocation Hearing LR-041-05

Mr. Stolz gave a summary of the revocation request and offered the revocation file, containing
the formal complaint and consent to revocation by this body, for the Council’s consideration.
Mr. Bogner, hearing no objections, accepted the revocation file as Exhibit #1 into the record.

Captain Moore: Based on clear and convincing evidence presented today in case number LR-
041-05 and considering the respondent’s consent to revocation of his law enforcement certificate
and waiver of notice and hearing, I hereby move that the Council revoke Ronald E. Jones’
Nebraska Law Enforcement Officer Certification based upon the grounds contained in the formal
complaint. Said revocation effective upon the review and approval of the Nebraska Commission
on Law Enforcement and Criminal Justice. Lieutenant Colonel Sankey: Second.
Roll call vote:
Chief Mark Montgomery – Yes
Captain Genelle Moore – Yes
Lieutenant Colonel David Sankey –Yes
Mr. James Bogner – Yes
Voting members absent: Sheriff Dean Chase, Chief Robert Lausten and Sheriff Neil Miller
Motion passed 4-0.
Revocation Hearing LR-040-05
Deirdre K. Logan (aka Deirdre Logan Thiem)
Mr. Stolz gave a summary of the revocation request and offered the revocation file, containing the formal complaint and consent to revocation by this body, for the Council’s consideration. Mr. Bogner, hearing no objections, accepted the revocation file as Exhibit #1 into the record. Chief Montgomery questioned if there would be any conflicting issues in regard to him voting on this hearing. Mr. Stolz stated since Ms. Logan consented to the revocation and had not contested to any facts, he saw no issue with Chief Montgomery voting in this case.
Captain Moore: Based on clear and convincing evidence presented today in case number LR-
040-05, and considering the respondent’s consent to revocation of her law enforcement
certificate and waiver of notice and hearing, I hereby move that the Council revoke Deirdre K.
Logan (Thiem’s) Nebraska Law Enforcement Officer Certification based upon the grounds
contained in the formal complaint. Said revocation effective upon the review and approval of the
Nebraska Commission on Law Enforcement and Criminal Justice. Lieutenant Colonel Sankey:
Second.
Roll call vote:
Captain Genelle Moore – Yes
Lieutenant Colonel David Sankey –Yes
Mr. James Bogner – Yes
Chief Mark Montgomery – Yes
Voting members absent: Sheriff Dean Chase, Chief Robert Lausten and Sheriff Neil Miller
Motion passed 4-0.
Revocation Hearing LR-054-06

Mr. Stolz gave a summary of the revocation request and offered the revocation file, containing
the formal complaint and consent to revocation by this body, for the Council’s consideration.
Mr. Bogner, hearing no objections, accepted the revocation file as Exhibit #1 into the record.

Captain Moore: Based on clear and convincing evidence presented today in case number
LR-054-06, and considering the respondent’s consent to revocation of his law enforcement
certificate and waiver of notice and hearing, I hereby move that the Council revoke Ivan D.
Young’s Nebraska Law Enforcement Officer Certification based upon the grounds contained in
the formal complaint. Said revocation effective upon the review and approval of the Nebraska
Commission on Law Enforcement and Criminal Justice. Lieutenant Colonel Sankey: Second.

Roll call vote:
Lieutenant Colonel David Sankey –Yes
Mr. James Bogner – Yes
Captain Genelle Moore – Yes
Chief Mark Montgomery – Yes
Voting members absent: Sheriff Dean Chase, Chief Robert Lausten and Sheriff Neil Miller
Motion passed 4-0.

IX. OTHER

BUSINESS
Date & Time of Next Meeting
March 17, 2010, 9:00; Library, Nebraska Law Enforcement Training Center,
3600 N. Academy Road, Grand Island, Nebraska
Mr. Bogner asked for a motion to adjourn the meeting. Captain Moore: So moved. Chief Montgomery: Second. All members voted in favor of the motion and the meeting adjourned at 10:35 AM. Respectfully submitted,

Source: http://www.ncc.state.ne.us/meeting_minutes/psac/minutes/02Minutes2010.pdf

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