Pompano Beach FIRE

ADMINISTRATIO
Fire Rescue
N MEMO # 22-
A073
Travis Darrisaw, Lieutenant
From: Chad Brocato, Fire Chief
Date: 8/10/2022
Re: Order of Disciplinary Action

I was notified by Assistant Chief Steve Hudson on or about 5/ 25/2022 that you
were being investigated by the Broward Sheriff's Office for allegations of
solicitation and possible sexual battery. Upon being notified, I had you placed on
an absence with pay status until such time as the criminal investigation was
completed. It later came to my attention that the criminal investigation concluded,
and I directed Assistant Chief Steve Hudson to conduct an internal investigation
regarding the allegations against you.

Notice of an investigation was provided to you via email on 6/28/ 2022, which you
signed on 6/29/2022. Shortly thereafter, you were provided a notice of
interrogation on 6/29/2022 via email. Copies of the signed notices have been
preserved in the investigation file.

A full investigation was conducted and completed by Assistant Chief Hudson and
Whitton (Fire Admin Memo # 214070, 7/14/2022). You were provided a copy of
the investigative findings, and you were notified of a pre-determination hearing
(Fire Admin Memo # 214071, 7/14/2022). The pre-determination hearing was held
as scheduled on 7/21/2022.

The investigation revealed - and you admitted - that you engaged in sexual
intercourse with a female you met through a software application ("app") while
on duty; further, the intercourse occurred in your fire department bunkroom at
a time when the other firefighters in the station were sleeping.

Your actions are unacceptable and cannot be tolerated. It is clear that you
violated multiple fire department rules and regulations in an egregious manner.
The evidence demonsfrates that the violations are substantial. Based on that
evidence, it has been affirmed that you violated the following Department rules
and regulations:
 ISO CLASS

• Pompano Beach Fire Rescue Rules and Regulations Section 9.1.11

Firefighter

2. Lieutenants shall strictly obey, conform to, and enforce the Pompano
Beach Fire Department Rules and Regulations, Policies, Standard Operating
Procedures and Guidelines, as well as City of Pompano Beach Employee
Policy Manual, including City Code of Ordinances and any other lawful
orders and directives from responsible authorities.

Pompano Beach Fire Rescue Rules and Regulations Section 9.3.01

General Rules

19. No member shall be a party to any immoral or indecent conduct.

Sexual fraternization between members, while on duty, is prohibited.

20. No member shall conduct himself/ herself, on or off duty, in any way
that will tend to bring discredit or ill repute to the Fire Department or any
of its members as a group, or as individuals, or to the City of Pompano
Beach.

35. All sections of the Florida Statutes, City of Pompano Beach Code of
Ordinances, Charter of the City of Pompano Beach, and the Personnel
Rules of the City of Pompano Beach are hereby adopted as part of these
Rules and Regulations and shall be of the same force and extent as if
written herein.

Pompano Beach Fire Rescue Rules and Regulations Section 93.02

Discipline and Conduct

I(C). Willful violation or disobedience of any lawful and reasonable

regulation, order or directive.

10. Conduct, either while on or off duty, which reflects discredit upon the
City.

Immorality, indecency or lewdness.

Page 2
 of 4
City of Pompano Beach Personnel Rules and Regulations Code of
Ordinances 34.146 (A) Dismissal

4. Guilty of conduct unbecoming an employee of the city.

5. Violation of any lawful and reasonable official regulation or order,

or failure to obey any lawful or reasonable direction made and
given by his superior, where the violation or failure to obey
amounts to an act of insubordination or a serious breach of proper
discipline, or resulted, or reasonably might be expected to result, in
loss or injury to the city or the public or to the prisoners or wards
of the city.

8. Guilty of actions which amount to insubordination or disgraceful

conduct, whether committed on duty or off.

21. Violated the provisions of written departmental rules and regulations

as presently existing or hereinafter adopted.

It is ordered that you be suspended without pay for a period of two (2) consecutive
months effective 0730 hours on August 13th, 2022 through and including October
12th. 2022. You are also being provided a last chance agreement to avoid a more
severe form of discipline. and the last chance agreement shall last no less than two
(2) years. Lastly, you will be moved to A-shift effective immediately with your
first shift beginning on October 16th, 2022.

While discipline may be viewed in many ways by the affected employee, you are
urged to consider this an opportunity for learning and improvement. Your
personnel record and years of service have been taken into consideration during
this disciplinary process. I also considered your honesty and forthrighffiess in
bringing the issue to my attention prior to any complaint being filed. Prior to this
issue, you exhibited excellent skills and ability during your career, and you are
encouraged to continue to build on these assets and avoid any future misconduct.

REMAINDER OF PAGE INTENTIONALLY BLANK SIGNATURE

PAGE FOLLOWS

Page 3
 of4
By signing this Order; I acknowledge that I have been given an opportunity to
respond to the charges herein, that this Order has been discussed with me, and that
I have received a copy. I understand that I may, within five (5) calendar days, place
my own statement answering this Order of Disciplinary Action in my permanent
personnel file and that I must also submit a copy to my department head. I
understand that I may appeal this action in accordance with the applicable union
contract or through the procedures contained in Chapter 34 of the City's Code of
Ordinances.

WITNESS 1 DATE

INESS 2 DATE

Cc: Greg Harrison, City Manager

Ed Beecher, Human Resource Director

• of 4
Page 4
Page 5
 LAST CHANCE AGREEMENT
AND GENERAL RELEASE
THIS LAST CHANCE AGREEMENT IS ENTERED INTO BETWEEN LIEUTENANT
TRAVIS DARRISAW, hereinafter to as "EMPLOYEE," and the CITY OF POMPANO
BEACH, FLORIDA, hereinafter referred to as "CITY," this 10th day of August, 2022.

The Parties to this Agreement acknowledge that disciplinary action against EMPLOYEE in
which the City has authority to discharge the EMPLOYEE immediately based upon numerous
issues of misconduct and multiple rule and regulation violations as cited in Fire Administration
memo 21-A076. The EMPLOYEE represents and affirms that his misconduct was extremely
serious and that his violation of City work rules constitutes just cause for serious disciplinary
action up to and including termination.

The Parties acknowledge the desire to allow the EMPLOYEE to rehabilitate himself and to
return to work as a satisfactory employee of the City.

The EMPLOYEE requests that the City mitigate the discipline to be administered against the
EMPLOYEE and instead of terminating his employment, allow the EMPLOYEE to receive a
lesser discipline, in the form of a two (2) month suspension without pay which will become
effective on the next business day following execution of this Agreement. Finally, the parties
agree to enter into this two (2) year Last Chance Agreement, under the terms described below.

Accordingly, the parties agree as follows:

1. All the above statements are true and correct to the best of the parties' belief and
knowledge.

2. Concurrently with his execution of the Agreement, EMPLOYEE shall also

execute and provide the CITY with an irrevocable letter of resignation, which the
CITY may immediately invoke in its sole and exclusive discretion, based upon
any violation by EMPLOYEE of any of the terms of this Agreement, or as
specifically stated in the various paragraphs set forth in this Agreement. If not
activated prior thereto, the resignation letter shall automatically expire exactly
two (2) years after the Effective Date of this Agreement. This Last Chance
Agreement will be EMPLOYEE's final opportunity to correct his deficiencies and
to begin working as an efficient and satisfactory employee. EMPLOYEE
understands that no further opportunities will be offered to him. Therefore, it is
understood and agreed that during the term of this Agreement, EMPLOYEE will
be subject to immediate separation from the City employment if he engages in
any further acts which violate the terms of this Last Chance Agreement.
3. EMPLOYEE acknowledges and agrees that if he violates any CITY policy, rule,
regulation, order (as determined by the CITY in its sole and exclusive discretion),
or if he, in the CITY's sole and exclusive discretion, is determined to have been

Page 1 of 6
 uncooperative in the performance of his duties, or in any way conducts himself in
a manner unbecoming of an employee of the CITY within the next two (2) years
after the Effective Date of this Agreement, he will be subject to immediate
separation from CITY employment, via his voluntary resignation letter.
EMPLOYEE will be provided the opportunity to discuss the facts with the City's
Human Resources Director and the City Manager before the resignation letter is
invoked by the City. However, EMPLOYEE agrees that he cannot challenge in
any forum the City's decision to invoke his resignation letter.

4. EMPLOYEE further understands and agrees that his resignation will be invoked
based on his misconduct and, as a result will render him ineligible for
unemployment compensation.

5. The City agrees to reinstate the EMPLOYEE at this time subject to the
EMPLOYEE's agreement to the additional conditions upon EMPLOYEE's
continued employment set forth in this Last Chance Agreement. The City retains
the right to rely upon the facts and circumstances underlying the prior
recommendation for suspension and/or dismissal in any future proceeding, in the
event that he thereafter develops deficiencies in conduct or performance sufficient
to warrant discipline or dismissal.

6. The parties agree that the EMPLOYEE shall serve in a probationary capacity for
the full duration of the rehabilitation program which shall be two (2) calendar
years, from this Agreement's Effective Date.

7. EMPLOYEE hereby knowingly and voluntarily releases any all known and
unknown rights and claims which she had, has, or may have against the CITY, as
well as each and every one of the CITY's former and current officials, appointed
or elected, supervisors, attorneys, agents and employees, in both their official and
individual capacities, and their successors and assigns, from the beginning of the
world until the date of execution of this agreement, including but not limited to
any and all claims arising out of or related in any way to her employment with the
CITY, including but in no way limited to any claim(s) under:

Title VIl of the Civil Rights Act of 1964;

The Civil Rights Act of 1991;
The Florida Civil Rights Act of 1992;
Sections 1981 through 1988 of Title 42 of the United States Code;
The Florida Constitution;
The United States Constitution;
The Americans with Disabilities Act of 1990;
The Equal Pay Act of 1963;

Page 2 of 6
 The Family and Medical Leave Act of 1993; Age Discrimination in
Employment Act of 1967;
The Public Employees Relations Act;
The Immigration Reform and Control Act of 1986;
The Occupational Safety and Health Act;
Any other federal, state or local civil or human rights law or any other
Federal, state or local law, regulation or ordinance;
Any public policy, contract, or common law claims, including any tort
claims (e.g., negligent or intentional infliction of emotional distress,
defamation, assault, battery, false imprisonment, wrongful termination,
etc.) whether based on common law or otherwise;
The Firefighters Bill of Rights pursuant to Fla. Stat. Ch. 1 12; and
The Collective Bargaining Agreement between the City and IAFF.

This waiver and general release also bars any claim or demand for costs, fees, or
other expenses including attorney's fees incurred in connection with any of the
above-referenced claims. The listing of claims waived in (this) Section is intended
to be illustrative rather than exhaustive. EMPLOYEE also agrees that the General
Release portion of this Agreement shall remain effective after the Last Chance
portion of this Agreement expires.

THUS, EMPLOYEE ACKNOWLEDGES AND AGREES THAT THIS

LAST CHANCE AGREEMENT CONSTITUTES A FULL AND FINAL
BAR TO ANY AND ALL CLAIMS OF ANY TYPE THAT EMPLOYEE
HAD OR NOW HAS AGAINST THE CITY.

8a. EMPLOYEE acknowledges that he has been given a period of up to twenty-one (21)
days within which to consider this Agreement. Employee may use as much of this
twenty-one (21) day period as he wishes before signing the Agreement.

8b. In addition, for a period of seven (7) calendar days following his execution of this
Agreement, EMPLOYEE may revoke this Agreement by providing a written
notice to City's Human Resources Director at the City Hall, 100 West Atlantic
Blvd, Suite #124, of his decision to revoke this Agreement. This Agreement shall
become effective and enforceable at the conclusion of the seven (7) calendar day
revocation period, unless it is timely revoked by EMPLOYEE.

9. If EMPLOYEE is separated from his employment with the CITY or otherwise

disciplined under the terms and conditions of this Last Chance Agreement,
EMPLOYEE understands and agrees that his separation or any lesser Discipline
imposed will be for good, sufficient and just cause and that such separation or
other discipline will not be evidence of any form of discrimination, retaliation, or
any other improper motive or conduct by the City, and shall not be subject to

Page 3 of 6
 review or appeal under the grievance/arbitration provisions of the collective
bargaining agreement or in any forum.
10. The parties agree that the CITY shall not waive its rights to enforce any term of
this Last Chance Agreement and General Release if EMPLOYEE violates the
provisions contained herein and the resulting action by the City is not invocation
of the EMPLOYEE's letter of resignation.

11. EMPLOYEE being of lawful age acknowledges that the above specified actions
by the CITY constitute ample and adequate consideration for the rights and claims
EMPLOYEE is waiving under this Agreement and for the obligations imposed on
her by virtue of this Agreement.

12. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.

13. In the event that any provision of this Agreement is declared illegal or
unenforceable by any court of competent jurisdiction and cannot be modified to be
enforceable, such provision shall immediately become null and void, leaving the
remainder of this Agreement in full force and effect.

14. In the event that EMPLOYEE's irrevocable resignation letter is activated pursuant
to the terms and conditions of this Agreement, EMPLOYEE acknowledges and
agrees that such action is not subject to appeal pursuant to the contractual
grievance/arbitration procedure, or in any other forum. This Agreement is being
entered into by the parties solely for the purpose of avoiding the expense and
inconvenience of further administrative proceedings, and to give the employee an
opportunity to rehabilitate himself.

15. The CITY encourages EMPLOYEE to consult his attorney and/or representative
before signing this Agreement. EMPLOYEE acknowledges that he has had the
opportunity to consult an attorney and/or representative before signing the Last
Chance Agreement and General Release. EMPLOYEE acknowledges that he has
read, understood, and fully considered the terms of this Last Chance Agreement
and General Release.

16. This last Chance Agreement and General Release sets forth the entire agreement
between the parties and shall supersede any and all prior agreements or
understandings between the parties. It may not be amended, modified or revoked
except by a written agreement signed by the parties hereto or their respective
administrators, trustees, personal representatives, and successors.
17. The parties also agree that the Agreement is executed based upon the particular
circumstances of this case and shall not represent a precedent for resolution of
other matters.

Page 4 of 6
 18. This Agreement shall become effective upon the date that it is signed by the last
party.

READ CAREFULLY BEFORE SIGNING

CITY
By:

Title:

Date:

Page 5 of 6
 IRREVOCABLE RESIGNATION LETTER

This letter is my irrevocable notification of voluntary resignation from my employment

with the City of Pompano Beach that shall become effective immediately, pursuant to the
terms ofmy Last Chance Agreement with the City.

TRAVIS DARRISAW

Employee's Signature

/ð zð 2¿
Date

itness

Page 6 of 6