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Outside investigators report mixed cooperation on police personnel probes; one closed for lack of cooperation, another says a formal investigation was not done
Summary
Two outside investigators briefed the Biscayne Park commission June 3. Outside counsel Denise Heeken said her investigation was closed after key witnesses declined participation; former chief Rick Magleone said his independent inquiry found that a formal investigation had not been conducted earlier and that a thorough probe was needed.
Two external presenters summarized separate probes into personnel complaints during the Village of Biscayne Park commission meeting on June 3.
Denise Heeken of Bryant Miller Olive presented a May 8 closeout memorandum (agenda item 5A). She said she was retained March 3 to investigate complaints alleging whistleblower retaliation, ADA disability discrimination and a hostile work environment. Heeken said a key complainant (former Chief Steele) declined to participate and his counsel filed an EEOC charge; because she could not obtain cooperative interviews, she closed the matter and documented the timeline and outreach efforts in the memorandum.
Later, former Fort Lauderdale Chief Rick Magleone (agenda item 5B) summarized a separate administrative investigation he completed. Magleone said he interviewed available, cooperative witnesses and reviewed exhibits, and concluded that a formal, independent investigation should have been conducted at the time of the allegations. He reported failures in earlier internal processes: no recorded interviews, incomplete evidence gathering, and memos that were not placed in the personnel file as represented. Magleone said those gaps undermined due process and that had a full investigation been done, outcomes could have been different.
Both presenters answered questions from the commission. Heeken said she closed her investigation after being unable to secure cooperation and that she documented contacts and deadlines before closure. Magleone described finding dispersed records and identified what he saw as procedural failures, recommending formal investigative steps where appropriate.
Why it matters: The differing outcomes — a closed external memorandum vs. an investigator’s finding that a formal probe was missing earlier — leave unresolved questions about personnel procedures, recordkeeping, and whether additional follow-up or corrective action is required. Commissioners emphasized protecting due process while balancing public transparency.
What happens next: The commission deferred formal decisions on follow-up. Several commissioners asked staff and counsel to evaluate whether additional administrative reviews or policy changes are necessary and requested that investigators be made available for follow-up questions in a controlled format.
Attribution: Direct quotes and conclusions are attributed to the investigators as recorded during the June 3 meeting.
