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COMPLAINT #1

January 14, 2012

Honorable Gregory Stanton - Mayor's OfficeJoseph P. Yahner, Interim Police ChiefDavid Cavasos, City ManagerEd Zuercher, Assistant City Manager200 W. Washington St.Phoenix, AZ 85003

RE: Breach of numerous Operation Orders and Administrative Regulations byCommander Benny Pina #5092, and a possible unidentified city employee.

Gentleman:

I recently received credible information that on December 9,2011, at 9:15 a.m.,Commander Benny Pina was observed by a retired PPD officer conducting personalbusiness in his city of Phoenix vehicle. Allegedly, Commander Pina was hiking upDeems Hills in Phoenix, Arizona, with a young, attractive blonde female estimated to beroughly half his age. The two of them drove up to this hike in what I believe is a City ofPhoenix owned vehicle. This vehicle was a Chevy Malibu, license plate AHX656(?).Unfortunately, the last digit of the vehicle could not be seen due to Commander Pina'sbelly covering part of the plate. You can check for yourself if this matches CommanderPina's city vehicle.

Please consider this a written request to formally investigate Commander Pina asoutlined in Operation Order 3.19.1.A, Citizen's Complaints, for the following:

1) Was Commander Pina actually in a City owned vehicle at an unapprovedworkout location?

Possible violation of Operation Orders and Administrative Regulations regarding use ofCity Vehicles.

2) Is Deems Hill a PPD authorized work out site?

Possible violation of Operations Order 3.10, and Administrative Regulations regardingoff-site workout locations must be reviewed and approved by the PPD before employeescan use off-site locations while on-duty.

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3) Is this young, attractive blonde female a subordinate officer or civilian underPina's command?

Possible violation of Operation Orders or Administrative Regulations regardingfratemization with subordinates.

4) If this attractive, young blonde was a citizen, did Pina have pre-approvedsupervisory authorization and/or official business justification to transport a non-employee in his city vehicle?

Possible violation of Operation Orders and Administrative Regulations regarding use ofCity Vehicles.

5) If this attractive, young blonde was a city employee, was Pina authorized totransport her to an off-site location in his city vehicle?

Possible violation of Operation Order 4.2 and Administrative Regulations.

6) Was Pina on-duty or off-duty in a City Vehicle?

Possible violation of Operation Order 4.2 and Administrative Regulations.

7) If this attractive, young female was a city employee, was she on-duty?

Possible violation of Operations Order 3.10, and Administrative Regulations regardingworking out on-duty and/or at an off-site location?

8) If this attractive, young female was a city employee and on duty, is she in anexempt class allowing her the privilege to work-out on-duty and at an off-sitelocation?

Possible violation of Operations Order 3.10, and Administrative Regulations regardingnon-exempt employees working out on-duty and/or at an off-site location?

9) If this attractive, young female was on duty, did she have prior approval fromher immediate supervisor to workout at an off-site workout location?

Possible violation of Operations Order 3.1~' and Administrative Regulations regardingworking out on-duty and/or at an off-site location?

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10) If this attractive, young lady was a city employee, did she have prior approvalfrom her immediate supervisor to travel away from the workplace while on duty?

Possible violation of numerous Operation Orders and Administrative Regulations.

11) Is Commander Pina still married to his wife, Rose?

You probably cannot answer this so I will ensure a copy of my request for aninvestigation gets to Mrs. Pina.

12) Has all crime in Cactus Park Precinct been solved which would allowCommander Pina the luxury of working out on city time in a location not within hisprecinct and with an attractive, young female?

Possible violation of the city's Ethics Handbook, and police department's PurposeStatement and Guiding Values - P.R.I.D.E.?

(PLEASE NOTE: While I have developed an exceptional knowledge of Operations Orders and AdministrativeRegulations, I cannot be expected to be able to document each and every specific policy that may have been violatedabove. For this reason, I expect you will forward this letter to the appropriate policy supervisor to ensure all policedepartment and city policies are reviewed to ensure an objective, thorough investigation into Commander Pina and thisattractive young lady's conduct is conducted. In other words, please do not ignore any policies relating to theseemployee's conduct simply because I failed to enumerate the specific policy violation in this letter.)

Recently, Commander Pina was on television discussing how Cactus Park Precinct willadjust their working hours from 10 to 13 hour days. Is it possible for Commander Pina tostay awake that long? With Hostess Cupcakes Bakery recently filing for Bankruptcy, Iam concerned if Commander Pina will not be able get his sugar "high" to keep him alertduring this 13 hour requirement. Will this be monitored so as to ensure CommanderPina doesn't slip into a serious medical condition while at work such as a diabetic coma?

Undoubtedly, there isn't a fitness test Commander Pina might pass without a strict dietand exercise routine. Seeing him on television makes me think he is about to burst.However, I am pleased to see a morbidly obese police commander, walking andexercising; but in a City vehicle, on City time, at a non-approved workout location andwith a blond half his age; I have serious concerns! Do you?

If Commander Pina was actually interested in improving his fitness as opposed to havinga relationship with this young lady, wasting City resources and violating policedepartment policy, may I suggest taking away his car and issuing him a bicycle or agood pair of walking shoes? To help Commander Pina in this endeavor, I am more thanto willing to pay for a nice Schwinn bicycle or a pair of Skechers Shape-Up shoes; youknow, the kind with the curbed sole that you see ladies wearing all over Sun City.

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In all seriousness, as a citizen I am concemed about a morbidly obese police officer likeCommander Pina injuring himself while he bends over to tie his shoe, sit down todefecate or coughs. Because of this, I want to ensure Commander Pina is followingpolicy by working out only at a pre-approved locations. We certainly don't want to seeCommander Pina get a preventable Industrial Injury which will further drain the publicsafety retirement system. Would this be a medical retirement that Stan "Comb-over"Hoover would approve on the Retirement Board? I think not!

As you know, according to Operation Order 3.10.4 and 5, on-duty injuries which occur atnon-authorized and unapproved work out facilities, will not be covered by IndustrialInsurance placing the City in a severe liability position with the employee. That liabilitytranslates into my tax dollar and citizen's tax dollars spent to mitigate mistakes made byinept police commanders. The hard lessons and public tax dollar drains we learnedunder Jack Harris. I am merely trying to mitigate those poor mistakes again.

If Commander Pina was working out at a non-approved facility, driving a City vehicle forpersonal business and/or transporting an unauthorized city employee or citizen as Isuspect, please consider this a formal written complaint that he be investigated perOperation Order 3.19.1.A., Citizen's Complaints.

Warm Regards,

i.y or ", __, IIX Citizen& Blogger for BadPhoenixCops.com

cc:PLEA - Joe ClureJess Lorona - Counsel fc _Thelda Williams - Councilwoman Distncr OneBlake McClelland, Professional Standards BureauJames A. Pina, Golden Corral Buffet, table 13, near the roast beef

PO bUX 74243Phoenix, Arizona 85087

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