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1990-10-16 CIVIL SERVICE COMMISSION REGULAR MEETING MINUTES
e MINUTES OF A SPECIAL MEETING OF THE CIVIL SERVICE COMMISSION OF THE « CITY OF PEARLAND, TEXAS HELD ON OCTOBER 16, 1990, AT 7:00 P.M., RECESSED FOR ONE WEEK AND RECONVENED ON .OCTOBER 23, 1990, AT 7:04 P.M. IN THE CONFERENCE ROOM ON THE SECOND FLOOR OF CITY HALL LOCATED AT '~ 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The Special Meeting was called. to order. with the following members in attendance: James Gilbert - Chairman Tom Alexander - Commissioner Mary Hickling - Director ******** Guests: Linda Cuna, Robert Cuna, Acting Chief Chapman, Corporal Karen Lowery, Zieutenant Bob Walter, D.A. Miller, Jim DeShazer, and Commission attorney Tom Lay. ACTIVITY Chairman Gilbert moved to accept memo from Chief .Chapman to Bob Cuna, dated 9-19-90, as information. Commissioner Alexander seconded the motion. Motion carried 2-0. .Chairman Gilbert moved to accept as information, a letter and evaluation, which had been hand delivered to the Civil Service ~" Commission Office by Bob Cuna on October 12, 1990. Alexander seconded the motion. Motion carried 2=0. Commissioner .Alexander asked Chief Chapman to give the. Commission some background in the way of an explanation for reasons to question Mr. Cuna's fitness for duty under the Local Government Code 143.081. Chief Chapman read a memo explaining the basis of his request for an investigation into the physical and mental fitness of Robert Cuna. Chapman-read a number of comments from department members regarding Cuna's behavior. On 7-3-90 Chief Randy Garner formally notified Robert Cuna that he, Cuna, would be relieved from duty until his physical and psychological condition could be further evaluated. A copy of a report from Dr. Charles Covert dated 7-3-90 was introduced which included a negative L-3 that had been sent to TCLEOSE, thereby resulting. in the suspension of Mr. Cuna's license. A 7-10-90 report from Charles Covert was presented as a supplemental report to the original report Chief Chapman presented a letter from TCLEO5E dated September 6, 1990 declaring that they had received both a negative and a positive statement of psychological health on Robert Cuna and that they were therefore asking Dr. Michael Jones to evaluate Mr. Cuna and make a tie breaking decision. Chief Chapman requested. the Commission to appoint a physician to determine the fitness for duty issue of Robert Cuna according to the provisions set forth in Local Government Code 143.081. Robert Cuna made several statements after which Commission members ,,.~ asked questions of Chief Chapman and Mr. Cuna. Chairman Gilbert read Chapter 143.081, paragraph (c)..."If the Commission, the department head, or the fire fighter or police officer questions the report, the commission shall appoint a physician, psychiatrist, or psychologist, as appropriate, to examine the fire fighter or police officer and to submit a report to the commission, the department head, and the person." Gilbert then moved to recess the meeting for one (1) week. at which time the Commission will reconvene to select a physician to examine Mr. Cuna. Motion was seconded by Alexander. Motion carried 2-0. Chairman Gilbert called the Special Meeting reconvened on October 23, 1990 at 7:Q4 P.M. Members in attendance were: James Gilbert, Tom Alexander,. and Director"Mary Hickling. Guests included Lt. Bob Walter, Cpl. Karen Lowery, Ofc. Ricky Bort, Linda Cuna, Robert Cuna, and Chief Chapman. Also present was the Commission attorney, Mr. Tom Lay. r"` Commissioner Alexander explained that he had requested the director to prepare a list. of names of doctors in the area that would be suitable to use for these reasons. Alexander moved to appoint Rion Hart from the list to administer. tests and evaluations to determine the fitness for duty of Robert Cuna. The motion was seconded by James Gilbert. Motion carried 2-0. Chairman Gilbert instructed Director Hickling to set up an appointment for Mr. Cuna to see Dr. Hart as soon as possible and to insure that the expense of the examination be paid by the City of Pearland. Mr. Cuna was given an opportunity to make comments regarding. his military record and defense of statements made by Chief Chapman. The meeting was adjourned at 7:15 P.M. Minutes approved as submitted and/or corrected this the day of January, A.D., by Mary Hickling, Director. i an Director ' PEARLAND POLICE DEPARTMENT ~- To: Robert Cuna 9-19-90 From: E.J. Chapman via: Civil Service City Manager Ref: Fitness for Duty: Local Government Code section 143.081 There has been a question raised to your physical and mental fitness to continue your duties with the Pearland Police Department. You are required to submit to the Civil Service Commission (within 25 calendar days, after receipt of this letter) a written report from your personal physician, psychiatrist or psychologist, as appropriate, to give the board sufficient information to make a determination in this issue. Sin er Yours, ~ ~ • «~~ ~"` E.J. Chapman I certify that a true copy of the above letter was personally delivered to Robert Cuna on this - o?o -day of September, 1990 at /~ : ~~ ~~.~ E /1 L /ey..v M ~--~ PNAtZLAND POLIO D~PARTMNNT MEMORANDUM ------------------------------------------------------------- T0: Robert Cuna DATE: 7-3-90 FROM: Chief R. Garner !!D~ Ato~i~iaatioa~ 11a11avod !'Yom Doty Bob, This is to formally notify you that~you are currently relieved from active duty with pay from the Pearland Police Department. This action is being taken as a result of your current physical and psychological condition and is being done in the best interest of~both you and the Department. Until further notice you may not exercise police powers, carry a firearm, wear a police uniform, or carry a badge or identification. Further you may not operate a city owned vehicle and are not to report to the police facility or contact police personnel unless prior permission to do so has been obtained from the Chief of Police. .- b '~ .~ Diplomats Amerlsan Board of PeseLtatrg and Nearolo~ July 3, 1990 Chief Randy Garner Pearland Police Department 2703 Veteran's Drive Pearland, Texas 77584 RE: For-Cause Fitness. for duty- psychiatric examination of Officer Bob Cuna, age 52 Dear Chief Garner. On July 2, 1990, you called my office requesting an evaluation and report on the psychiatric condition and fitness for duty of Officer Cuna. He presented to my office with the knowledge that he was being evaluated for. incidents involving slurred speech, reported inappropriate and unprofessional behavior ~-~ and other questionable activities while on duty. He appeared to be a very poor historian. At one time during the initial interview, he described "the other day" and then clarified that he meant "June 8th," almost one month earlier. He said that he had received a number of commendations and had never received any written or other reprimands in liis "30 year career in law enforcement". ~ :. The psychiatric history indicated that at the age of 30, having been "nervous all my life", Mr. Cuna experienced a depressive episode and was placed on Triavil, an antipsychotic-tricyclic antidepressant combination medication in 1967 by a psychiatrist, Dr. Miner. The description of his emotional disturbance at that time correlated with the description of his mother, whom he described as "a nervous wreck like I am" and the problems of a maternal aunt who now lives in Staten Island, but is called "the nighthawk" because she is unable to sleep at night and evidently has .significant emotional disturbances. The individual history indicates that Mr. Cuna was born in Naples, Italy and '~' came at an early age to Brooklyn and moved at the age of 6 to New Jersey 1502 Aaganla Drive, Salle 200 Doaalon, Teaas zzosz (Zfl3) 9Z5-39ZS where he completed high school, having been turned back or flunked in the ~. 1st grade because he did not speak English, only Italian at that time. He did not live with his parents, who evidently had economic problems and instead lived with his maternal grandmother, Rose Gallo in Woodbridge, New Jersey. He says that among his experiences in the past, he was in the United States Army from the age of 17 to 19. He describes that during this time period, he received three Article 15's for being drunk, fighting, and being late for guard duty, and also received a special courts martial for being AWOL. For this infraction, he was placed in the stockade at Fort Briley, Kansas. He reports he nevertheless received an honorable discharge and worked from 1960 to 1978 for about 18 years for the Middlesex County Sheriff s Department as an arson investigator and then between 1978 and 1981, he joined the United States Marine Corp reserves where he.drove troops from place to place as a trucker/bus driver in the West Point, New York area. He rose from the level of PFC to three stripes during that time-frame. He reports that he later moved to Texas about 1982 and worked for 6 months for the Brazoria County Sheriffs Department. He denies any problems or altercations there. You may want to compare this with any ,.-. information which may not agree with this. During the interview, Officer Cuna frequently swore and used profanity inappropriately. For example, he said, "Shit, I stayed in the volunteers until 1976." At one point during the interview, he was not able to remember his date of birth, erroneously saying that it was 1933 when his driver's license showed a date of birth of 1937. The re~~ew of systems was thought to be non=contributory because of the gross memory and judgment disturbances of the individual and the lack of any corroborating information. The past medical history indicated bilateral hip operations in the past. This last operation took place in 1990 and evidently was a success. He says that he has been treated by a family practitioner on Airline Drive named Dr. Wallace. With regard to medications, he said that in addition to the Triavil, in the past he has received both Elavil as well as Prozac up to a dosage level of 40 mg. per day and Librium to a dosage level of 100 mg. per day. The mental. status examination revealed aneatly-dressed individual in full uniform with a weapon who had slurred speech and whose level of consciousness appeared to be impaired. His mood was euthymic and his affect was blunted. His intellectual functioning appeared to be grossly impaired and there was some concern about his reality testing. Memory, both recent and past, was grossly impaired and he was disoriented to time, person, and place. He revealed in-hospital treatment at Hermann Hospital in 1986 for chronic severe alcoholism. He could not give the current dosages of his medication nor the strengths in milligrams of the tablets that he was taking nor the dosage schedule. Judgment, reasoning, and insight were grossly and markedly .impaired. It was believed that he was not fit to drive an automobile and at this point, I contacted you for other arrangements. Psychological testing revealed an I.Q. functioning of 86. Personality testing described a very aggressive, over-confident, and somewhat self-centered individual with an unrealistic view of his capabilities who is overly optimistic and fails to recognize his own limitations and is insensitive to the needs of others. He tends to be expressive, spontaneous, and might act or make decisions without careful consideration of consequences. Without apparent ,._. cause, he may be somewhat elated and at other times, moody and irritable. He could be described as hyperactive, impulsive, and excitable. He is easily bored and seeks stimulation. Some individuals with his profile run into problems of an addictive nature including alcohol and drug abuse. He could be described as impulsive and exhibitionistic. Careless behavior is a problem, at least potentially. The individual may ignore or not pay sufficient attention to detail and may be somewhat overbearing in relationships with other people. He ~ appears to be generally hard-driving and expansive and may become overextended and have difficulty completing projects. He is frequently overconfident and makes promises that are difficult to keep. Specific difficulties projected in law enforcement situations would be the tendency to be overly self-centered, have temper control problems, be irresponsible, have low energy and lack of enthusiasm, and show disregard for the feelings of others. Further testing indicated that there is a tendency with this individual not to take matters seriously and that long-term physical stresses or disabilities -- will often give rise to irritability and anger, but that the idea of being ill and vulnerable is experienced as distressing and may be resisted or denied. '"~ Despite the affability of the patient, if healthcare personnel fail to meet demands or expectations, their recommendations may very well be ignored. Firm and convincing warnings must be given to ensure necessary compliance. This latter warning should be taken seriously in instructions to this individual about follow-up and persistence, as well as compliance with administrative, medical and psychiatric treatment plans. Diagnostically, my impressions are that Mr. Cuna suffers from the following psychiatric diagnoses as outlined in the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association: I. Alcohol Dependence, chronic, severe, with occupational dysfunction and history of in-hospital treatment (DSM III Code 303.90), the primary treating diagnosis. II. Bipolar Disorder, mixed type, severe, interference with occupational functioning and social activities, no psychotic features (DSM III Code 296.63) .-~ III. Amnestic Syndrome, secondary to benzodiazepine intoxication on a chronic basis (DSM III Code 294.00) due to reported misuse of prescription medication. lv. Anxiol c Dependence, iatrogenic (Librium) (DSM III Code 304.10) A treatment- program has -been recommended to Officer Cuna to consist of daily appointments in my office for evaluation, treatment, and supervision for ten days or through Friday, July 13, 1990, followed by twice weekly appointments to be included with a program of psychotropic medication management, decrease in Librium dependence over a gradual time frame of 4-6 weeks, outpatient group psychotherapy, outpatient individual psychotherapy, and other modalities recognized to ameliorate or improve, as well as palliate, the conditions described above. I have included anegatively-endorsed L-3 as an attachment to this report, ,l-. a copy of which may be required to be sent to TCLEOSE within 10 days of its receipt by you. The prognosis in this case is guarded at best. At the ~ present time, this individual does not appear to be in a condition that would make further responsibilities in the law enforcement area prudent, either for himself or for the public welfare. If I can be of any assistance by way of providing additional information, please do not hesitate to contact me. Res ectfully submitted, CHARLES B. COVERT, M.D. Enclosures: l) Release signed by Mr. Cuna to Pearland P.D. 2) Release signed by Mr. Cuna to the Pearland Civil Service ,-- Board 3) L-3n ~AItLE~ ~. ~®®~~t~, ~i. I)., P. A. Dlploa~ale Aeerle® Board of Psgohiatrg ®d Aoarole9g PATIENT AUTHORIZATION FOR RELEASE OF MEDICAL INFORMATION I, Robert rLna who was born on 12-29-37 authorize Charles B. Covert. M.D. to disclose to Chi of Randv Garner, pearland the following information: Police Department Q 0 ~~ Q Q Discharge Summary Q History ~ Physical Q Psychiatric Assessment Q Treatment Plan Q Doctor's Orders Q Social History Q Psychological Reports Laboratory Reports Radiology Reports Progress Notes Q Consultation Reports Other: All of the above for the purpose of insurance claim, continued care by another physician or health care facility, disability determination, other: X I, the undersigned, understand that I may revoke this consent at any time e~:cept '"' to the extent that action has been taken in reliance hereon, and, if not earlier revoked, it shall terminate on 7-4-91 without express revocation. To the Party Receiving this Information: This information has been disclosed to you from record whose confidentiality is protected by federal law. Federal regulations (42 CFR Part Z) prohibit you from making further disclosure without the specific written consent of the person to whom it pertains, or as otherwise permitted by such regulations. A general authorization for the release of medical or other information is not sufficient for this purpose. SIGNATURE OF PA ENT SIGNATURE OF PARENT OR GUARDIAN ~~ ~QI~-AGtJ WITNESS 7-4-9(l DATE SIGNED DATE SIGNED DATE SIGNED t802 Aatfaela Drive, Saile 200 Soaeton, Teaae zzosz (717) 975-9928 e ., N ~A1tL~~ ~. ~;®~~~t~, ~i. D., P. A. Dlplomate Merlcao Board of PsgoLiatrg and Nearologg PATIENT AUTHORIZATION FOR RELEASE OF MEDICAL INFORMATION I. Robert Ct3na who was born on 17- 29-37 . authorize Ch D Covert . M. arles B ~ to disclose to Pear l and ; vi 1 S rvi ce Bd: _ . the following information: [~' Discharge Summary Q Doctor's Orders ~] Laboratory Reports 0 History & Physical Q Social History Q Radiology Reports ~] Psychiatric Assessment Q Psychological Reports Q Treatment Plan Q Progress Notes C] Consultation Reports Q Other: All of the above for the purpose of insurance claim, continued care by another physician or health care facility, disability determination, other: X I, the undersigned, understand that I may revoke this consent at any time e~:cept ~'"~ to the extent that action has been taken in reliance hereon, and, if not earlier revoked; it shall terminate on 7 -4-91 without express revocation. To the Party Receiving this Information: This information has been disclosed to you from record whose confidentiality is protected.by federal law. Federal regulations (42 CFR Part 2) prohibit you from inaking~further.disclosure without the specific written consent of the person to whom it 'pertains, or as otherwise permitted by such regulations. A general authorization for the release of medical or other information is not sufficient for this purpose. SIGNA OF TI 7-4-90 SIGNATURE OF PARENT OR GUARDIAN WITNESS DATE SIGNED DATE SIGNED 7- ~- sa DATE SIGNED 1802 Aagaeta Drlv¢, Suite 200 Houston, Tease izosZ (Zt:ll 9Z s^9~Z5 •• ~ TEXAS COMMlSS10N ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION PSYCNOLOGICAL AND EMOTIONAL NEALTN EXAMlNEE'S WAIVEf? -OF CONFlDENT1ALITY 1 Robert Cuna __ _ .herebyagreeandconsenitoihe mmse s ame pnme or ry releaseoftFte declaratfonresultingfromtheprychologicaland emotions/health examinaUonadministered to me as required by commission rules. l understand that this agreement and consent approves the release of the declaration to fhe commission and the agency which requested that /undergo the examination, which is: Pearland Police Department Nsme of Requesting Agenry ~;/fur'J~eragreeand consent io the release ofany supporting notes, tests, or other documents io another professions/who maybenamedta candudapsychologicaland emotionalhealih examination ofine as required bythe rules ofthe Texas Commission on law Enforcement Officer Standards and Education. '" I acknowledge that I am to be evaluated by Charles Covert, M.D. at the request of Pearland Police Department 'and that no doctor/Patient relationship ~:as been or will be created between me and Dr. Covert. A report will be provided by Dr. Covert ONL`~ to the agency listed above. I agree not to request of demand to see the .report or to be given a copy of the report from Dr. Covert. rurther, I hereby waive any and all liability that may result from .the examination by Dr. Covert or from the release of this report. 7- ~- ~U Dots Signed Witness i 3 9- Zy - ~lr~ Social Security Numbsr 0 /a ~ f~ia State Drivers License Number TCLEQSE Form ~-3w (02-01-89} r • ..~ ,, ~~ TEXAS COMMISSION ON fAW ENFORCEMENT OFFICER STANDARDS AND' EDUCATION .i'' ~~;;,,~JV~ f ~•k ~q,• ,.. ~ .'NEGATIVE DECLARATION OF PSYCHOLOGICAL AND EMOTIONAL HEALTH Applicynt and agency information to be tilled in by the requesting agency: ~-_" •-- Examinee's Name: tion to be completed by the eason for Examination: ^ Inrtlal Applicant for t.icenee _~,. ^ freak In Service ^ Other: last ~ Examinee's SS#: I39-28-8660 ~ ~~-~ Ml D.0.8. _12-29-37 Requesting Agency: Pearland Police De artment Chief Administrator ar Designee: ,_ Chief Randv_ (' • • • - arner _ L1CenSe 'type SOught: ~ Peace Offiosr . ^ Reserve Officer ^ Jallsr ^ Armed Publio Security Officer Appointment Type Sought: ^ Peace Officer ^ 'Reserve Officer ^ Jairer ^ Armed public Security Officsr R Professional:_ .h rl es $ _ Gnv rt - M.D. - Typed or Printed Name ~7 Licensed Psychologist. L~ Psychiatrist C Registered Professional -" ~ AX82 001 State Ltcertse No. (1! applicable) TCLEOSE Regisvation No. (lt applicablsj Mailing Address: 1502 Augusta Drive, Suite 200 Houston, Texas 77057 Telephone Number: 975-1975 I certify that !have completed my examination of the examinee and !have concluded that on this date, the examinee is nor in satisfactory psychological and emotional health . The examinee check the ap- propriat$ SAace(s}: does rtot have mental, emotional, Intellectual, or behavioral svitabllity for appointment in the above capaci questing agency; ry ay the rs• of the examinee; has a mental, srgotionar, intellectual, or behavioral disorder that would subatantia{ly impart the functioning or suitability has a significant mental disoraer as defined in the ourrent OSM that woulC substantlally Impair the functioning or surtapitiry of the examino.. l have completed the required examination inc/uding,at least a background survey, two oblecrlve per sonallry tests, and a professional interview. I am Jamrlrar with the guidelines prowdt~d by the commrs- sionfor suclrexaminations end !have lollowed all 'the relevant provrsrons of state law, commrss/on rules, and my professional standards. Q 1 ttecttve Date ~ 19 • l 0 ~~!~""' /~ • /j'f ~ ,~. Signature of Profeeaiona THIS DECLARgTION f3 NOT PUBLIC INFORMATION ANO IS CURRENT FOR ONLY 180 DAYS UNLESS EARLIER WITHOAAWN OA iNVAUDATED, AND 1S VALID ONLY IF SIGNED 8Y A• TCLEOSE •AEGtSTEAED PROFESSIONq~ ANp/OA A LICENSED PSYCHOLOGIST OR PSYCHIATRIST, TCLPOSE Form L-3n {02-Ot.89) w ':~~-V< t July 10, 1990 C~1RL~~ B. ~®VERT, ICI. D., P. A. ,.-~, ]Diplomats Ameriean Board of Pegohiatry aad NeQroloy J Chief Randy Garner Pearland Police Department 2703 Veterans Drive Pearland, Texas 77584 Re: Supplemental report regarding Officer Bob Cuna Dear Chief Garner: The second of two laboratory reports. was received by my office today. It appeared to be time to update you with a supplemental report describing this information. The first report we received, the results of a comprehensive serum drug screening, indicated the use of Cannabinoid, an illicit substance (marijuana), by the subject, Mr. Cuna. A second report, received by us today, indicates that Mr. Cuna had considerably greater than the therapeutic steady-state concentration of Prozac ~-- or Fluoxetine (an antidepressant) in his blood. Additionally, at the time his blood was drawn, he had over three times the toxic blood level of Librium and its metabolite in his blood. The toxic dosage range for Librium and metabolites is anything greater than 5.0 mcg/ml. Mr. Cuna's serum level of Librium plus its metabolites was 18.2 microkilograms per milliliter. This corresponds to the chemical history of abusing prescription medications. It should be noted that the blood level of the illicit substance, Cannabinoid, was confirmed in two separate laboratory procedures which were independently performed at Roche Biomedical Laboratories, 8200 Wednesbury Lane, Suite 116, Houston, Texas 77074 under the d_ irection of R Dudley Koy, M.D. Please let me know if further information is required. R ectfully submitted, /~~ a~~ ~. GC~/r '' CHARLES B. COVERT, M.D. 1503 11a~~ta lDrlv~, ~ei~c 300 ~®art3$®H1,'1'C~ae 77052 (Z13) 9Z5-!I975 sPECIMEN . TYPE PRIMARI' LAS Rt _ ,r .°4-31.3-t7~i~:1.-c:) t:i SU r I~ E t) v 3 0 Aoorttaw~ iHFOw~v,Tla+ THERAi'EUTTC DRUG LEt,'ELS ~, WTLL FOLLOW UNDER SEPERATE REPORT ~~-;-- PAT1B,i NAME I CUNA r=7 -, F30S _ Pr. AOD. i Td~;!_ I i'r SEX AoE (ranwa) 7 \/ DATE OF 9PECI6IEN GATE RECEIV® DATE REPORTED ' _ .07/0. /90 . 07/04/90 07/.OiI ,:-.~ ~ soawwt FaWun arerw. LDN 59b mEOti M600. ~ El0. (s.S+sJ 1,3at+e1 rs38.6- {ES,aa1 I,oo.a6o1 C ARLES COVERT M.D. Rochs 8iont Laboraoori~ aairdWydlMirsla AxJ. NC 502 A1JG11STA SUITE 200 OUSTON TX 770~7- 13-975-1975 TXH _ _. ~_ - ....COMPOUNDS 'SCREENED 'FOR : ^''_ _ HSSE . _ _ . . _. - _ ..- ACETAMINOPHEN _ METFiAQUAL.ONE (QUAALUDE) TRICYCLIC ANTIDEPRESSATd ~;~ AMPHETAMINE _ _._ _._----__-- . ..: _.MORPHINE_-tFREE).._ ~.. - ---AMYTRIPTYL7NE"---__ . _-. BARBIT(.1RA TES tAS A CLASS) __ M ._. __ . _. ._,._ a~ICOTTNE_... ... ._ _ _.. _._-DESIPRAMIiVE-"_._., ._ -.. _ _ _._.__ CAFFEINE. ~, ...-- .~. _ . -._ _-- __ ...._ _ . __. _._ ..OPIATES .~':~- :. _ ~.. ,; ._. I~M.IPRAMTNE _:.- _._ . _ COCAINE (FRtIE) . - . P1-fENOTHIAZINES - ~ _ _ _ __ __ NQRTRIPTYLINE -~ ~D + . Cf]DEINE .. ---- -~--= : ~ _''PHENYTOIN <DILANTIN?_:. ,_ _,,. _ -'-- -DOXEPIN - ETHCt-(LORVYNOL PROPOXYPHET~E iDARVON) . BENZODIAZEPINES ~..`:f AS ._A CLASS? GLUTETHIMIDE tDORIDEN) PHENCYCLIDINE (PCP) _ . ~ "~CHLORi)TAZEPOXIDE ..:..HEROIN --CAS- FREE MORPHINE) .. . PENTAZOGINE CTALWSN) - --:DIAZEPAM '~ . __ _ MEPERIDTNE (f~l=!'~OROL) . . .- - - --- - OIJININE/©UTNID'[NE - .-- --FLURAZEPAM ~~`.--___. _..__ _ . ~--_-:- --__ __.._.R_ METHADONE _ ___ _ _SALICYLaTES---: -__ __ _.___ _ _._ . --: _L.ORAZEPAM._ ----_._~_. _ _ MF'THAMPHETAMINE STRYCHNINE ______... _ - _.... NURDIAZEPAM .__ __ ~ ___.Y . MDA _. _ --- - _ _. XAZEPAM 1 ~:: :~:::f:«:« :-*:~:~ ~ ~ :t+~~z:«t:•::Et~~r ~~:~:~;•~:e:E~~*e~~?E~E~~:««~~t:•::e :•:~:+Et:+et~:+~~~~:.~;~~:~~:4::~t:«:: __ 1 ~ COMPOUNDS DETECTED-CONSIS TENT ;WITH CAFFEINE AND NI ._ COTINE. ~~ `~ ' ' - ~ ~~ ~~ BENZODTAZEPINES DETECTED CONSISTENT WITH DIAZEPAM. ,~-.'AN~IABINOID .©UAL _. __ - _ _ .:.POSITIVE - --- _~ ... S! - 1:. r~LCOHI3L ~C 01'HER VOLATILES ._._-_~__.____.....~_._ _ _._ -__ __...____..r.__.__-- ~ NEGATIVE __ ... _-` ..~ _ S~ . - -- _ TES :. T PERFORMED: ROCHE aIOME DICAL LA80RATORIES--~` ._ _. __ _ _._._. _._._ _w.._ _- _ _ _ .. - __._._.. _ _ .- .. '~ ~ __ ___ . _.. _ _ ~ $~00 WEDNES BURY~~ LANE'~SUITE i1b HOUSTON, TX 77074 DIRECTOR: R. DUDLEY KOY hID ~ ~ ~' ~~ Fa~D - - P11,1E1R wwe :~ rr~ RipiM (a.sto.61 T. P~adn _ oa (0.046) a tD~hmr~ (M 4.33.q (F 336.5) ~ «a OIIT1 AST(SOOT) T.~ fiOT(EJIL) ALT(SOP,) AELPMa CMUww fa~661 fo~+- ~ (~ 0~1 Iseo1 po-izs- <~~ awa+w Aiaw+n AARdb EuN Cm~lYYir T~ r~uoru Ft..T. a ° ~ M0~ % Mtae (,sa61 s c3. s a.,-~.a los ~ pst:s- a~1 n.Eae1 ~ • y~y ~ ~ Pdis M~ MMr 13~.fFt0.01 (M 3-56) M3 PMO ~} I I atWlhw~ :tOMnn~ I (~67SM) I (0~7<1 10%1 tzo-7e.o)I IF 365) fSOn0o1 (263p f9 ta 71 Itra+~ol (s.o-70.6) - (734.01 4230/~44 // V VV TAphoMidr (, ~1 TSN IM A C dO Obeou Yen PAMM m ~ 1 M ~ (S'6'S'~ 3.iA.01 l (F 21-7.7) GSOYA. (10775) (~7~ LYTO-r 61m6 E0$ SASO 120+6lH (0.707N IOexl (O~Q%) (0.E-0ZI 10.00.51 (0-0.S) 10-0.1) Ye ASSOL VALUE RESULTS ARE FLAGGED IN ACCORDANCE WITH AGE DEPENDENT REFERENCE RANGES WNICH ARE SUMMARIZED ON THE BACK OF THIS REPORT. , c-„~ L ~. • A comment applNd to this tpt hp bNn pflntW In tM body Ot tM R~poA. ' ' ,`//' i SPECIMEN t TYPE PRIMARY lAB `+~ REPORT STATUS sb~461-0080-0 S HT INE _ TIME 0330 ADDITIDNA~ INFORMATION . NON FASTING - nTSxr NAME CUNA -_ . _ .. :_ _ .. _ ~ Pr. Aoa GATE ENTERED I DATE RECEIVED DATE nEPartrEn PG 1 ~ . 03 ~. AoE tran~os,l ~. HARLES COVERT ..M . D. .: _:.:~..r ._ .:......_: 4230466 ' _ 502. AUGUSTA SUITE .200 -. .-. _ .•_._.~,,........,OS .. ~... , .. . ~ vai a .. v 7fo7/90 ~ - 8664 ~ ~: OUSTOi-t _ . ___ : __ . .._ _ . ~ ..:77057 13-475-1 7S TXH . - :._ s .- - : FL U .INE._S#'R02AC)._~,--°, .__ , :. - NE :._ -~ NORFLUOXET~NE ~` """."'~. - _ -.. _ 520 _ ~ i~tG/,~tt. _;;....,w ~~-.,,., r B f+( 8N ..- . - `---~-~,~- - ~- =~ _~ ~ER9.P ~ WITH 44 _ MILLIGRAMS ..FLU _ ~- _ __... _ _STEADY_-STATE CONCENTRATIONS. AT ~,..TQ $ :HtJURS ~FJEf~_; --- - xo __''-. :.AND .7~ ,T0 258 iVANOGRAM3 NORFLUOXETINE M~tQX ERUM~L ~ ~;^ . _ • CHLORDXAZEP.OXIDE _ tLIBRIUM)., ,.5~,.._ ....,r:_. ~ _:__; __.:~~ NOT_~ESTFIBLTSNEQ _`:•.. CHLORD:.~~EPO I .. ., ...... _: `" .., ___ --- ~ .~E ~ _.,__~.6 . _ .. .. _ . ~tORCHLOROI_AZEPOXIDE, _ SERUM ._Aa, ,12.2 MCG/ML "° ~~~ - _ ~:~~_ ~. ~.BN -.NORD ZAZEP.AtM~.`$ERUM ~„ ,.. , . _. ..:.. ..: MCGl~1x. THERAPEUTIC: .__-: ----- .:.-- :_-8t~1 _. _.._ _ _......__ - ---. -~- CHLORDIAzEROXIDE ,._...._ ._ .___ _ .. NORCHLORDIAZEPOXIDE -:~ <:1aa .. . . ~.__~ -- _ -__..-..w -_ ._ .- :.:~i~tORDIAZERA -. ._ ..._ ~- <4, 7 ... TOXIC:_(LIB & MET.) _~~--~ ,.~:,,~IrS ._ :. r. - --. --- -- ... . ~ _.. _ ._ . . Q - .DIRECTOR: WILLIAM ~ :_ T .HILL . ~ - . '.:::.~-.~S:I;. WAGE- OF.1gE.P_ORT.A,~LAB.:.SITES DEFINED :0~-t BACIf tTF..REPQ.RT?. _ sA .IF .YOU .HAVE. ANY._DUE5TION5 CONTACT :.-' HRRNCH::.7X3-89b-7b8S LAB: 713--896=~~,~$ RESULTS ARE FLAGGED IN ACCORDANCE WITH AGE DEPENDENT REFERENCE RANGES WHICH ARE SUMMARIZED ON THE BACK OF THIS A comment applied to this test has been printed In the body of the Report. Rode Biotttedipl laboratories, Inc. ..e.r.r r xrr.,~ Irw do ~- w . ~ t PEARLAND POLICE DEPARTMENfi TELEPHONE (713) 485-4361 2703 VETERANS DRIVE PEARLAND, TEXAS 77584 R. L. GARNER Chief of Police July, 11,1990 Texas Commission on Law Enforcement Standards and Education 1606 Headway Circle Suite 100 Austin, Texas 78754 Dear Sirs, On July 2, 1990 I requested that Robert J. Cuna, a licensed employee of the Pearland Police Department, report to Dr.~Charles B. Covert, M.D., P.A., for a fitness for duty evaluation. Dr. Covert is a licensed psychiatrist and was selected by our local Civil Service Commission as their physician of record. ~-- On the night of July 2, 1990, at approximately 8:30 PM, I was contacted at my home by Dr. Covert. He informed me that Mr. Cuna was not fit .for duty and should be relieved of all such responsibilities at once. He further advised that he was in no condition to drive and that I needed to come .and retrieve him.. I picked up Mr. Cuna and relieved him of duty (with pay) that night. In the subsequent report sent to me by Dr. Covert, he attached a negative L-3 form and indicated that I may need to forward this to TCLEOSE within ten days.- I contacted Mr. Wayne Green with your agency and was informed that it was indeed my responsibility to forward you this document as:directed~'in section 211.83 of the Commissions regulations. I further understand that the Commission will begin proceedings to revoke Mr. Cuna's License based on this negative report. Enclosed you will find the Negative L-3 signed by Dr. Covert. You may notice that the Doctor has indicated disqualifying results on each of the three criteria listed on the form. If I may be of any further assistance iii this matter, contact me at your earliest convenience ~ Resp tf 1, Submitted, ' G.i~.~.r-- R.L. rner, Chief of Police Enclosures L-3n ._,V . , t ~, . ~" TEXAS COMMISSION ON I.AW ENFORCEMENT OFFICER S7AND~.RDS AND EDUCATION •.•NEGATIVE DECLARATION OF PSYCHOLOGICAL AND EMOTIONAL HEALTH -••- -:+-••-, ^•••+~~•~aua~r~ w ua Nllau !r7 t7y me reQUeSring Examinee's Name: Examirteta's SS#: I39-28-8660 First MI D.0.8. 12-29-37 Requesting Agency: Pearland Police Department Cttlef Administrator or Designee: _..•. Chief Randv Garner License Type Sought: ~ peace Offioer ^ Reserve Officer ^ Jaltsr ^ Armed Public Security Officer Appointment Type Sought: ^ P•ace Officer ^ 'Reserve Otetcer ^ Jallar ^ Armatl public Security OHicar Reason for Examination: ^ Initial Applicant far Licsnee ^ freak {n Senries ^ Other: ~ Followin information to be completed b the examinin ro/es.~ional: Professional: Cha„~l es B. Covert - M D • Typed or printed Name Licensed Psychologist Q~ Psychiatrist C Registered Professioriat n-R~82 001 State Ltcertse No. (II applicable) TCLEOSE Re9isvation No. (lf applicable) MaiiingAddress: 1502 Augusta Drive, Suite 200 Houston, Texas 77057 Telephone Number: X713) 975-1975 I certify that I have completed my examination of the e~taminee and /have concluded that on this date, the examinee is nor in satisfactory psychological and emotional health . The examinee check the ap- propriate spac8(s): • y~ does not have mental, emotions!, (ntallsctual, ar behavioral suitabfllty for appointment in the above capaaty by the re- questinp agenry; (~ has e mental, smottonel, Intellectual, or behavioral disorder that would Cubetantially impair the (unctloning or suitabiilry of the examinee; has a significant mental disorder as defined in tRe ourrent OSM that would substantially impact the functioning or suitabiliry of the exarttine., ! have completed the required examination inc/uding,et least a background survey, two ob active per- sonallty tests, and a pro%ssiona! interview. I am Jamrliar with the guidelines provided by tt~e commis- s~on for such examinations and /have followed all'the re/evanr provisions of state law, comm/sslon rules, and my profess/ona! standards. Eff•ctrve Dats Signature of Profaesiona Tu~c ncn~ . n. •..... . OR INVALIOATE0,1AND~IS~VALID ~ONt,YuF SIGNEDABY A' TCt.EOSE REGISTERED P pFE S Ow1L AND OR AIL1CEiVSEO PSYCHOLOGIST OR PSYCHIATRIST. r~~ ,' ~ `'i~. '~....; ~. ~ yI •1. • , \~ _~ j~\•i• ..~~, ~,,r TCLFOSE Farm L-3n (02-41.89) .. '. .• • TDG45 COMMISSJO?J ON LAW ENFORCEMENT OFFICER STANDARDS ANO EDUCATION PSYCHOLOGICAL AND EMOTIONAL HEALTH EXAMINEF'S WAIVER -OF CONFIDENTlALTY 1 b t Cuna herebyagreeandconsenttothe m~ns~ s ems nmed orrypso releasaofthe deGara~tianresultingfromthepsychologica/and emotions/health examinatlonadministered to me as required by cammission rules. l understand that this agreement and canseni approves the release of the declaration to the cammission and the agency which requested that I undergo the examination, which is: Pearland Police Department Name of Requesting Agetuy ~~l furtheragreeand conserrtto fhe release ofanysup porting noses, tests, or other documents to another professional who maybe named io conduda psychological and emotional heaKh examination of me as requiredbyiherules ofiheTexas Commission on Iawfnforcemeni OfficerStandards and Education. I acknowledge that I am to be evaluated by Charles Covert, M.D. at the request of Pearland Police Department 'and that no doctor/^atient relationship has been or will be created between me and Dr.rCovert. A report will be provided by Dr. Covert ONL`~ to the agency listed above. I agree not to request of demand .to see the .report or to be given a copy of the report from Dr. Covert. rurther, I hereby waive any and ail liability that may result from .the examination by Dr . Covert or from the release of this -report., Date S igned i 3 g_ 2~ - ~'!r~ Witness Social Securtty Number State Drivers License Number TCLEOSE Form L-0w (02-01-89) ~'. . ~~:~ Fr.e ~~« c'Iexas (t[ammissinn un Phen.: s,s.eaa-nn Ex«°'"'. o,~«,°` haw ~nfIIrc~m~n# (~~fi~ex ~tn~~tr~s ttnd $'~u~tinn August 2, 1990 Chief R. L. Garner Pearland Police Department 2703 Veterans Drive Pearland, Texas 77584 Re: Negative Psychological Declaration on Robert J. Cuna, Social Security Number 139-28-8660 Dear Chief Garner: This letter is to advise you that the Texas Commission on Law ~,,, Enforcement Officer Standards and Education (TCLEOSE) is in receipt of a Negative. Psychological Declaration dated July 4, 1990 on the above referenced individual. ~ -~ TCLEOSE records indicate that Mr. Cuna is currently under ap- pointment as a peace officer with your agency. If this individu- al is no longer under appointment with your agency, please submit a notice of termination (F-5) form to TCLEOSE within ten (10) days from the date of this letter, showing the date his appoint- ment as a peace officer was terminated. . As .you are aware, Chapter 415 of the Government Code and TCLEOSE Rules provide that a license holder who has received a negative psychological declaration does not comply with the minimum stand- ards for retention of a license, subsection 211.83(a} (13} TCLE- OSE Rules, and the individuals license 15 subject t0 possible suspension. Therefore, when TCLEOSE receives information of this nature it may pursue a suspension proceeding should the license holder remain under appointment. The procedures outlined in Section 211.98, TCLEOSE Rules, enti- tled Psychological Examination of an Initial License Applicant provide an appeal process for a license holder who has received a negative psychological declaration. ,,.._ The appeal process for a license holder requires the license holder to complete a second psychological examination. This exam may be performed by a licensed psychologist or a psychiatrist f Chief Garner _ Page 2 August 2, 1990 ,~. selected by the license holder or the employing agency. If the results of the second exam are positive, upon receipt of the results, TCLEOSE will select a licensed psychologist or a psy- chiatrist to perform a third psychological exam. The results of this exam will be reported directly to TCLEOSE. Two .negative declarations may result in administrative action by TCLEOSE to suspend or revoke the officer's license. Two positive declara- tions may result in the cessation of administrative action by TCLEOSE. The costs for all psychological examinations in the appeal proc- ess are the responsibility of the license holder or the appoint- ing agency. Please contact the undersigned at (512} 834-9222 in order to resolve this matter. If TCLEOSE does not receive a response within ten (10) days from the date of receipt of this letter, the matter will be referred to the General Counsel of TCLEOSE for possible administrative action. Sincerely, Wayne Green TCLEOSE cc: Jack Irwin, Investigator Johanna McCully-Bonner,. General Counsel .~ ~~ ~ ~1~`J , ~' _ ti ~t ~,~ i1 t,.± =,~j.) Fr.d rol.. t'It eDEt18 (QnmmisBiun IIn Phony. 514.894-9722 Ex.cutiw Oir~ctor ~[lU 1~IIfIIrLP11tEIt# ~ffitCYJ#IIn~FIx118 ttn~ ~litFi#tDn La Costa Green, 1033 La Posada, Austin, Texas 78752 September 6, 1990 Chief R. L. Garner Pearland Police Department - 2703 Veterans Drive Pearland, Texas 77584 Re: Psychological Evaluation - Robert J. Cuna SS# 139-28-8660 Dear Chief Garner: TCLEOSE has received both a negative and a positive declaration of psychological health on Officer Cuna. Since we have con- flicting declarations, TCLEOSE has selected Dr. Michael Jones to conduct ~a third psychological examination. The examination must be conducted at the applicant's or appointing agency's expense. Officer Cuna should contact Dr. Jones at 1100 Nasa Road One, Suite 406, Nassau Bay, Texas 77058, (713).335-1497 to establish a date and time for the examination. The doctor must submit the declaration and a copy 'of the waiver of confidentiality directly to TCLEOSE. When we receive the'- declaration from Dr. Jones I will contact you. ` Please notify the undersigned at Texas Commission on Law En- forcement Officer Standards and Education, La Costa Green, 1033. La Posada, Austin, Texas 78752,(512) 450-0188 of the appointment date with the designated examiner. If TCLEOSE does not receive a response within ten days from the date of this letter, the matter will be referred to TCLEOSE General Counsel for possible administrative action. If you have any questions, do not hesitate to ask. Sincerely, Wayn Green TCLEOSE cc: Dr. Michael Jones Robert Cuna Johanna McCully-Bonner, General Counsel `wS E. a ~,'yd Fred bbr ~-•~ Ex~cufiw oinctor ~tlC$6 ~aWrii~.6gfap III[ ~Gaiu ~ufarrrntrnt (~f~rrrr $tan~gr~~ Ana ~ur~ntt ~^-: s~z-~..9m La Costa Green, 1033 La Posada Austin, Texas 78752 (512) 450-0188 CITY of PEARLgNp September 17, 1990 RECEIVED SEP 2 1 1990 Robert Cuna PERSONNEL P.O. Box 1256 Pearland, Texas 77588 RE: Psychological Evaluation on Robert Cuna Social Security No. 139-28-8660 Dear Mr. Cuna: The Texas Commission on Law Enforcement Officer Standards an ~ "Commission") has received a positive declaration of you. This declaration is dated September 11, 1990, and d Education (the Michael Jones, the professional selected by the Co psychological health on is signed by Dr. This declaration terminates any further action mmission. matter, by the Commission on this If you have any questions, do not hesitate to ask. Sincerely, ~( ~ _ tL ~,Jo anna McCully-Bonner ~,, ~1 eral Counsel JMB/ccm cc: E.I. Chapman, Acting Chief, Pearland Police Department Mary Hickling, Director of Civfil Service, Pearland PASADENA PSYCHIATRIC CLINIC ASSOCIATION RICHARD ORR, M.D. ,,,"•-. 3217 PLAINVIEW PASADENA, TEXAS 77504 Teleplane 713/918.8081 Octa~er 11, 19:~Q Civil Service Cl,t~ Managex 3519 Libert~r Dry Pea~?]~and, Texas lte; Robert .Guns, Dear Sirsg 1'~ patient rece.i°yed a letter from E, ~, CIz3'~m$n dated ~e~te~be~r 19 { 14.~Q ~ Sta~t7~:ny, There has been a question raised to ur physical and mental ~'itnes~s t~, cont~"rlue Xcru~ duties withxtFie k'eax!1$nd Police Department.' ~~ ism not-exactlxwsurer what question was raised~~ so T cannot add ~. or ,give su~~LC~ent ~n~oxmat~,on« Qr ~;nx specifics, ~ can sax ar%thout an~r xe~,~.~,~tion~ tfi~t fir. Cunt ,s,,~fi~;ical ~n,d ~1erit 1 for nott~i.nal and noarmal ac~ing~ ie as good- noc~ a,a~ i.na19.81tn~hsn ~c~~t hired, and better noQ,r than any time during the: Q~,a-t a~,3 {~~re~ Si.ncerel /v' .chard Crr~ MAD, RQ~a~ a 1 PSYCHOLOGICAL ASSOCIA'T'ES of Clear Lake r^ 1100 NASA Road One, Suite 406 Nassau Bay, Texas 77058 (713) 335-1497 PSYCHOLOGICAL eYALUATION Robert Cuna Peariand Police Department DOB: 12-29-37 Date of Evaluation: 9-11-90 Reason for Referral Michael Jones, Ph.D. Lesli Zinn, Ph.D. CITY of PEARLAN~ RECEIVED OCT 1 2 i990 PERSONNEL Mr. Cuna was referred by the TCLEOSE office in Austin for a psychological evaluation to determine his fitness for duty. He received a negative L-3 evaluation in July of this year consequent to an untreated substance abuse problem. Following his negative evaluation, he presented for inpatient psychiatric treatment at Deer Park Hospital under the care of Dr. Richard Orr. Treatment was considered successful and Dr. Orr submitted a postive L-3 evaluation. This evaluation was to provide a third opinion about the mental fitness of Officer Cuna. Background Information Mr. Cuna described a history of alcohol abuse that was treated briefly at Hermann Hospital for two weeks in 198+'~,,~Following a brief relapse in the Spring of this year, he was prescribed Librium and Prozac by a family practioner. During this period he reported receiving news that his father had a stoke. He drove immediately to Florida to provide his mother with support. The first evaluation was immediately after these events. He was then treated for about 6 weeks at Deer Park Psychiatric hospital for substance abuse and a depressive reaction. He was released a few weeks before the current evaluation. Behavior Observations and Mental Status Examination Mr. Cuna presented for the evaluation appropriately dressed and on time. He interacted with the examiner in a cooperative and socially appropriate manner. Tasks were completed without abjection. Answers to questions were elaborated upon and included details. No effort was made to evade pertinent questions. He was fully oriented to all spheres. Attention and concentration appeared normal. Mood was slightly anxious. Affect was full range and appropriate to context. Speech was relevent and of even flow. Thoughts showed a logical progression. Mental status examination was normal. w Robert Cuna `~` page 2 Procedures Review of recent evaluations and treatment Clinical interview with mental status examination Minnesota Multiphasic Personality Inventory (MMPI) Jackson Personality Inventory RESULTS CITY of PEARLAND RECEIVED OCT 1 2 lyyii PERSONNEL The MMPI was administered to assess abnormal mental status and personality features. The validity scales were normal and indicated no defensive response set. He approached the test honestly without exaggerated attempts to present himseff in a favorable light. The resulting clinical profile is considered a valid estimate of his current functioning. All clinical scales were within normal limits. The Jackson Personality inventory was administered to measure dimensions of normal personality. Results from this instrument showed no unusual personality features that would preempt employment as a peace officer. In fact, most of the scales were indicative of positive personality features such as creativeness, responsibility, good sell-esteem, social skills, interpersonal tolerance and high energy level. Risk taking tendency was average. As mentioned previously, clinical interview showed an individual with normal mental status. He acknowledged his substance abuse problem and demonstrated a good understanding of the initial ,- phases of his 12-Step AA program. He is participating in continued aftercare and is involved in the AA community. Affect was genuine and appropriate. CONCLUSIONS The current examination demonstrated no abnormalities that would judge Mr. Cuna unable to continue with his work as a Peace Officer. Although Mr. Cuna was impaired at the time of the first evaluation by Dr. Covert, several factors limit any long-term conclusions that may be drawn from this evaluation. The evaluation was completed while Mr. Cuna was under the influence of inadequately monitored prescription medication. Because he was toxic at the time, the personality descriptors generated by the psychometric instruments that were administered are likely invalid. Elevated profiles are often obtained from substance abusers before and during the detoxffication phase of treatment. Long-term conclusions generally are inaccurate when based on psychometric data collected during this phase. in any case, there is no evidence that a test of normal personality functioning was adminstered, a requirement of TCLEOSE guidelines. When making long-term predictions about Mr. Cuna's functioning, greater weight must be given to the second examination by Dr. Orr. This assessment had the advantage of 24hour-a-day inpatient observation fora 6-week period. In such a setting, a patient is observed while in group therapies, unstructured time, and with family. A complete social history is taken, a full psychological assessment is done, as well as a physical by an internist. In short, a great deal of professional observation and data went into the evaluation submitted by Dr. Orr. CITY of PEARLAND RECEIVED ~ Robert Cuna' OCT 1 2 1yy page 3 PERSONNEL For any person with a substance abuse history the risk of relapse is always a concern. Several factors would suggest that Mr. Cuna is at a lowered risk for relapse. First, until July of this year Mr. Cuna had not been adequately treated. His stay at Hermann hospital offered no therapy other than outside AA meetings, and was, essentially, a detoxification program only. Risk for relapse following detoxification only programs is high. He sought substance abuse treatment from a family practice physician, who likely was not as adept at dealing with Mr. Cuna's needs as would be a professional specializing in mental health treatment. Second, he demonstrates good insight as to some of the factors contributing to his substance abuse problem. Third, he demonstrates knowledge of the Alcoholics Anonymous "12- Steps"which is a process of recovery effective for many people. Finally, he is maintaining involvement in aftercare treatment that includes the AA community. In summary, I recommend Mr. Cuna for return to duty. He demonstates no mental or emotional impairment to this examiner that would impede his fuctioning as a peace officer. Please let me know if there are any other questions I can address based on this- evaluation. ~~ Michael Jones, Ph.D. Psychologist ~~ ~• . October 11, 19:30. Civil Ser'~~;ce City Manager 3519 Liberty Dry Pearland, Texas Dear Sirs; PASADENA PSYCHIATRIC CLINIC ASSOCIATION RICHARD ORR, M.Q 3217 PI.AINVIEW PASADENA, TEXAS 77304 re~eplw,x 713/s4wtosl Re : Robert Cuna CITY of PEARLAN~ RECEIVED OCT 1 2 1990 PERSONNEL Mypatent received a letter from E.J. Cha 19, 1~~90, s'tat%ny, rThsre has been a question raisedatoe~ur~t~r physical and mental ~? ~`ness to continue •Xour .duties wa;th. -the ~Peabland Police Department.'" ~~ Ism not exactly sure, what question was raised~~ so ~I cannot•add or ~~,ye su~fi:cient :~nformati,on" or anx specifics, Z. can sa any reSeryations that Mr. 1Cuj a~,,p~i~,rsical and mental x• ~n-.thout ~ for nominal and normal a ~„n fitness C~.xce~it h%red, and fietter now than any time• durinnow~s i.n 13.81 ~ wh_en fie ~~s 4 past 2 R3 •years, Sincerel .~ ,' ,~,/ ;chard Orrr M, D, /v' _ RQ~ar~ PEARLAND POLICE DEPARTMENT To: Civil Service Director From: Capt. Chapman via; City Manager City Attorney Ref: Request for Investigation 9-20-90 During the months of May-July, 1990 Chief R. L. Garner had received numerous comments from police department personnel concerning the actions on the part of Bob Cuna that were not consistent with expectations of the department; i.e.the way in which a supervisor should conduct his work. (I have attached a copy of some of these comments), Chief Garner had several meetings with Bob Cuna on 5-21-90, 5-29-90, 5-31-90, 6-6-90, 6-12-90 and on 7-3-90 he formally notified him that he would be relieved from active duty with pay until a physical and psychological condition could be evaluated. (I have attached a copy of this 7-3-90 report). ~^ Bob Cuna has made derogatory remarks about his supervisors, had irrational mood changes, had admitted drinking, and begin to show signs of intoxication on either drugs or alcohol. Other members of the police department have advised the Chief of the following incidents: Late on 5-5-90 or early 5-9-90 he showed evidence of intoxication to subordinates and Santa Fe railroad employees in the 4000 block of West Broadway. On 5-1?-90 at a staff meeting with subordinates he had a smell of alcohol on his breath, thick tongued, and hard to understand. He also failed to follow procedure on the schedule change and told his staff to keep it a secret. On 5-20-90 he was observed driving a city vehicle and the smell of alcohol on his breath. On 5-21-90 he appeared at the police station in an intoxicated manner which was witnessed by a DPS narcotics officer. On 5-25-90 he was at the police station in an intoxicated manner witnessed by dispatchers. on or about 5-23-90 at approximately 10:OOam while in his office he was unsteady on his .feet, speech slurred, not able to preform his police duties and had to be taken home. PEARLAND POLICE DEPARTMENT on late 5-24-90 or early 5-25-90 he was heard on the police radio using slurred speech. On 6-8-90 he appeared at a fire scene and was heard using unappropria~e language. On 6-14-90 at 8:05am he came to the station in an intoxicated manner and played Robin Williams saying "Good Morning Viet- Nam" over the station's intercom. On 6-15-90 he showed up at the scene of an alarm call intoxicated. On 7-1-90 he showed up at a police incident intoxicated which was witnessed by Houston Police officers and Pearland EMS members. On 7-2-90 he came to the police station in an intoxicated state. He has been over heard~on several occasions stating that the Chief has no balls and there is a homosexual activity between the Chief, Captain Chapman, and Phil Peevey. On 7-3-90 he was sent to Dr. Charles Covert for a psychiatric and physical examination to determine fitness for duty. He signed a waiver of confidentiality-and the Doctor determined that he was unfit for duty at this time and later test results showed that he was using an illicit substance (marijuana) as well as abusing prescription drugs. (I have attached copies of-both reports for review). on 7-11-90 as required by State Law this department notified -the Texas Commission on Law Enforcement Standards and Education of the Negative L-3 form sent by Dr. Covert and his license was suspended by the State. (I have attached a copy of that letter with this memo). on 9-6-90 TCLEOSE notified our department that they had received both a negative and positive declaration of psychological health on him and directed him to contact Dr. Jones for a tie breaking examination. I expect that sometime this week to be notified by TCLEOSE that Cuna's state license has been reinstated. During the previous weeks Cuna has been taking accumulated sick time off. In the absence of Chief Garner, I expect to be the person required to reinstate Cuna to full pay. Cuna is still -- under instructions from Chief Garner under a memo dated 7-3- 90 not to report to the station, not to use police powers, and not to drive a city vehicle until further notice. PEARLAND POLICE DEPARTMENT on 9-20-90 I hereby notify the Givil Service Director that their psychiatrist, Dr. Charles B. Covert, who they have selected as their physician of record has conducted an examination of his psychiatric and physical fitness for duty and felt that Bob Cuna was not in a condition to perform the responsibilities of a law enforcement officer. It is also my understanding that the second physician, Dr. Orr, who signed a positive L-3 form, gave the following disclaimers in his discussion with Chief Garner, such as: if he takes his medicine, if he takes only the prescribed dosage, if he doesn't "fall off the wagon", if he seeks counselling, etc. i feel that such disclaimers indicate a_possible liability risk to someone who is his supervisor. The physical laboratory results indicated that he was not only abusing prescribed medicine but also using Cannabinoid, an illicit substance {marijuana). The City has been placed on notice by other members of the police department that this individual probably should not be entrusted with the powers of a police officer due to his past performance. I also did Cuna's background investigation in 1981 and did not recommend him for employment due to a negative report from his past employer, Brazoria County Sheriff Gladney. ,~- The above described acts places the City in a possible liability situation in regards to Negligent Entrustment and Negligent Retention if this individual is allowed continued employment and commits an act while intoxicated on duty or performing police related duties of-f-duty or allowed to drive a city vehicle and causes an accident whether on-duty or off- duty. Not only is there an issue of intoxication by alcohol or drugs; but there is an issue that this individual be required to take medication to control his behavior. He admits starting medication in 1976. He also admits seeking in hospital treatment for chronic severe alcoholism in 1986. A police officer advises of hearing him on the phone talking to several doctors trying to get medication and slamming the phone down when refused. Other officers have mentioned that he has temper control problems and uses profanity all the time. I understand that $1-$2 million and that is in excess the city coffers. Due to the serious Felt it necessary our liability insurance has a limitation of if a judgement is rendered against the city of that amount; it would have to come from ~ nature of the liability issue involved; I to seek advise from The City Administration PEARLAND POLIGE DEPARTMENT and Legal Department. It is this group's decision to request that the Civil Service Commission review the physical and mental fitness of Robert-Cana as allowed by the Texas Local Government Code section 143.081. The Police Chief has already had Robert Cuna examined by the psychiatrist of record, Dr. Covert. The Texas Commission on Law Enforcement Officer Standards and Education required him to submit two positive L-3 forms to retrieve his state license. It is my understanding that reports of his condition were not required by the State but only check marks on a form. 1 feel that due to the serious nature of the liability issue; that the Commission should review written reports that insure that these past occurrences will not occur in the future and place the City in a liability position. On 9-20-90 I notified Bob Cuna that he should have his doctor mail a report to the board within 25 days showing his fitness for duty. c®~t~~a~NTraL ~ COMMENTS MADE CONCERNING CAPT. CUNA'S CONDITION "Cuna was so messed up that he had passed out in his chair and had to be taken home. I was really worried that he might be 'taking too many pills and drinking." "Cuna doesn't seem to remember some of the conversations that I have had with him. One minute he is giving me permission~~ to do something and the next he denies having talked to me. "Cuna is still not right. I'm concerned that he is going to hurt himself or someone else." _: "Is Bob alright?" "He comes over to my office and you can tell he is not with it. He acts like he can't even stay awake and is not coherent-." "Yes he was definitely messed up. He seemed agitated and had a bad attitude about the department and you. To hear him talk you would think that he was the only one that knew what was right and everyone else was wrong. "He is definitely NOT O.K.. His mood shifts too much, one minute up, next down. He's not stable. I know that something is going to have to be done soon." "I have been thoroughly embarrassed by his actions. He gets up, makes calls when he off duty, out of uniform and sometimes in his personal call. He's so doped up he may be unsteady and his decision are affected and way off." "I am really worried about Bob. He's not right. He is really going to get us in some hot water if its not fixed. I think he must be off .the wagon again. We can't afford this liability." "I kept wanting to give Cuna the benefit of the doubt, but I cannot go on denying what he is doing to himself and the department." "I cannot believe some of the actions he has taken. He doesn't seem to have a sense of what he's doing when he violates policies and stretches the truth. I don't think hes always telling you the truth about things that are happening. He's real good about playing both ends against the middle." "I hope you don't think that Cuna is helping things. He's so messed up that his decisions 'suck' and everyone knows it." r "You can tell he's messed up. His speech is often slurred and ~ he doesn't seem to really grasp what is going on. I can't get him to settle down and do anything that requires him work. All he wants to do .is go out and "play" cop. That way he doesn't have to do any paperwork." "Cuna's memory is shot. I've talked to him about something and he doesn't remember it two days later. You can tell he's not operating on "all cylinders" because his eyes aren't right and his speech is thick and slurred." "In my opinion Cuna is blowing his chance. I had the best hopes .for him but something dust isn't working. He's dust reverting back to his old ways of trying,"to make everyone try to like him rather than do what is right end run the division." "With Cuna you have to "stroke" his ego several times a day. He likes getting attention but he makes bad decisions because he thinks they are popular with the troops. I don't think he really knows what's going on." "Cuna dust isn't working out. He's making goofy decisions and he's so doped up he can't think straight. I want him to do good but it is not happening. He also doesn't know when to quit. Even thought you told him and his doctor told him not to play ball beaause of his hips, he still does it and tells everyone out there not to tell you. It makes us all ~~ think that he's not being straight with you on other things. This is a selection of the many comments that I have recently received concerning Capt. Cuna's behavior. 7-3-90 .-~ r PEARLAND POLICE DEPARTMENT MEMORANDUM -------------------------------------------- T0: Capt. Robert Cuna DATE: 5-'~i-~i_~ FROM: Chief ~3arner RE: In format i+~+n Lc~b, Apparently there has been some misucaderstanding on haw I would like for us to communicate and proceed as we meet the challenges in the Patrol Division. As we discussed before you tank the reins and shortly thereafter, I want ALL changes, de+=isions, assignments, etc. to be clearly explain and discussed with me DEFORE any action is taken to put them into place. Additionally, as we discussed two weeks ago, I want most every a•.tion to be taken done in c+rnjunction with a written administrative memo to the members for better understanding and guidance. I was surprised to see the sign up sheet on the board again this past week. I was under the impression, after our last discussion on this subject, that yc+u and I would discuss the proposals PEFORE any method was installed and AFTER a written memo was issued explaining the process. I understand that your absences last week may have played an unforeseen factor in this issue, but we need to come to a complete understanding an these matters to prevent any problems in the future. PEAP.LAND POLICE DEPARTMENT MEMORANDUM T0: P,obert Cuna DATE: 5-'~9-9c~ FROM: Chief i~arner RE: Notice I was :~n~=e again surprised by information that you had directed the dispat~=h supervisor to advise Ms. Chauvin that "her services with this department were no longer needed." This is interesting singe you did not discuss any final disposition or process with me and, secondly, you do not have the statutory authority to .take this action. I do not appre~=iate and will nvt cond~_~ne this type of behavinr. As we have discussed NUMEROUS times, I want to and WILL be informed before any changes, action, etc. are to be undertaken. I seem to continue to have difficulty getting this message a•=rocs. Additionally, I reviewed a copy of a memo in which Sgt. Doyle indicates that "Capt. Cuna advised me to cancel the survival class scheduled for May 31 / June i." Again, only the Chief of Police is in a position to make such a decision, however you seem to have taken it upon yourself to take this action without even consulting the Chief. I must strongly inform you that I am not at all pleased by these actions. I expect a high level of communication on all matters.- It is incumbent upon you to seek me out and formally discuss all such significant issues. I expect no less and will tolerate no less frr~m a Captain. r PEAP.LAND POLICE DEPAP.TMENT MEMORANDUM TO: Robert Cuna DATE: 5-~1-'30 FROM: Chief ~3arner RE: Information In keeping with my promise to you to provide my ~=omments in writing, I offer the following issues that. we have rep=ently discussed: 1. Early Days - As we discussed we may not allow officers to be "ghosted" into the payroll documents by permitting them to leave early from w~r.k but show that they were- here. This pray=tip=e is illegal and unethical. and was stopped some time ago. This should not have been brought up again at all, espe~=ially in a staff meeting. The further perception that was created was that this practice should be "kept to ~=ourselves" leaves one with the impression that one knew that it was not appropriate and that it should be hidden. As I have discussed with you many times, I e:~pect to be fully informed of all activities and practices that are occurring within your division and I hold you accountable to see that I am so informed. As I mentioned in our meeting, I was not present when the discussion took place, however I can not tolerate any activity by our supervisors that suggests that it needs to be "kept to ourselves", especially_on.e that has these serious implications. While I fully believe that you in no way intended to create such a situation, •.I am very disappointed that this matter was ever discussed at all with our supervisors and-that an impression was created that the Captain is directing activities of which the Chief is not aware. We must be speaking with "one mind" on everything. ~. Outside Jurisdiction Calls- As I mentioned to you, we should not be sending our units outside the city to chase stale calls, liF;e the 15 minute old DWI call I spoke to you about. If there is a true emergency that is close then, of course, there is not problem to provide assistan~=e. However this one should have been stopped by the duty supervisor. 3. Please maF;e sure y~_~ur offi~=ers knew when they should. and should not call you. This incident with the night shift corporal would have been averted i f they did n~_~t feel free t~~ :all you late at night on trivial matters. I have a =urrently issued dire=tive that covers these instan~.e in wh i~_h a f~~rmal not i f i~.at i••n up the chain shoal d be ~'-` undertaken. You might want to review it with your staff. Additionally, in this parti~_ular case, the message that you might have intended was n~~t clearly rep=eived. The =~_~rporal underst~:~_~d you ~ to say that they ~=ould go ahead and smoke in the non-smoF;ing vehicles. As we discussed, this is a policy den=isi~.n and can not be dismissed be•=ause a few individuals may be temp~~rarily inconvenienced. Again I believe we have unintentionally sent to wrong message to our tr~~ops. E+ob , I know it seem that ear=h day we go through a criticism routine on same issue. I hope you know that this is being done only to help improve us bath personally and professionally. I never~int~nd any df these comments to be any type of personal attar=k ~n you as an individual. I must admit that I have been disappointed and deeply concerned over some of these issues, but I hope that through this =onstructive dialogue all things can improve. I realize that this seems s~=mewhat c~ne~sided at times, but I know that the end result of my constant feedback will enhance the perception that others have of you as a professional manager. .... and that is what I want most of all. r^ ~ PEAP.LAND POLICE DEPAP,TMENT MEMORANDUM ------------------------------------------------ TO: Robert Cuna FROM: Chief Garner DATE: E-E-'~i_~ RE: Feedback: Meeting P~~b , In the interest of our goals that we'have discsussed I offer you the f~~llowing feedback concerning the meeting that took play=e yesterday between you, me, and the members from the Green Tee home owners association: First, I want t~ say that I appreciate your efforts to gain a positive resolution to their concerns. After the meeting you asked me for my comments on how it went. In that end I would offer the following thoughts: A number of times in the conversation you indicated that "I'll take care of it" or "let me take care of that." Please give greater consideration to these ~=omments because I will assure you that these individuals will hold you t~~ it. In essence you have told these individuals that the next time there is any ~' similar problem you will personally see that it is soon corrected. However, as you know situations and circumstance can not always be predicted. If something does happen and you don't "fix it" immediately these people will sure be quick to ~=a11 this to your and others attention. We also, as a department, do not want to get caught in creating "special relationships" Cas defined by the courts) where we make a perceived promise ar guarantee to offer some Sort of protection or assistance. Yau further asked me what I thought about you giving out your r_ard with your home phone number. Certainly it is your business who you provide your home number to, however in light of recent conversations with your spouse this might not have been prudent.. Irregardless of the personal implications I feel that this sometimes sends the wrong message. First we spent a great deal of time talE:ing about their concerns of certain residents have "privileged" status and their ~=oncern that the department may not act as aggressively. After we dispel led this, you then offered them your pers~_~nal ~=ard with your personal home phone number and direct them to personally call yc~u if there is any further problem. This in itself is creating a "privileged" status with these individuals. I ~.an assure yc~u by now several pe~~ple in the subdivision kn~aw that if Mr or Ms. SO °.c SO have a problem, they have the private number of the Patr~ ~1 Captain and they Cunl ike the others:> ~.an ` get immediate a•.tic~n. This is sending the wrong message. We should have equal enfor~=nment fc~r all of the residen~.es. Ideally, we should not be offering a privilege, a pr!~~=ess, "r ~ a system •.f by-passing the regular system, unless it is available to all of the residence. In addit i can ~_~ insider the potential message that this sends t_~ the try=ops and the supervisors. You know how we all hate f~_~r "pc~l it is ians" ~ ~r "signi f i•=ant ethers" to go around the system. Now we have a ~_onditi~an where instead of the complainant ~=alling the palm.e dispatcher, they may be ~=alling y~~u. This can then give rise to the appearance that yc~u are pers. ~nally offering special considerat ians t~=~ a selected few. I would suggest was that you consider only having people ~=a11 you IF, after they have ~.al led the p~!1 i•.e through the appr~_priate channels, they have n~_t rep=eived satisfact~_ry service. _~ It is my belief that we must UNDER promise but OVER prc~du~=e in :cur pc~l i~=e off _~rts. In doing this we have more people satisfied and less with unmet expectations. Numerous studies have Shawn that it is NOT the actual time it takes for a police ~~fficer to respond or what they ar_tually did that matters, its the expe~=tation the ~=itizens had. If we notify someone that we will be there in 15 minutes, but it takes us ~O, they may be angry or disappointed. However if we tell them we will be~,there in ~C~ minutes and get there in ~c~ they will be elated. $.,b , I offer these comments far your consideration. I al sr ~ recognise that in these types of situations the citizens are going to like to hear the same things that you were telling our Green Tee residence yesterday mare that the things that I might suggest. The difference is that you may be promising things that we can't ultimately deliver, while I try t4 stick to explaining what we can do in such a way that it appears to be satisfying. It is my perception that you often times apt to offer persuasion and "manage" with your personality. The real test, however, is to manage the situation and not try to compensate with personal concessions or considerations. Please give these ideas some thought. I will be glad to discuss them with you at your convenience. THANKS ~, PEARLAND POLICE DEPARTMENT MEMORANDUM ------------------------------------------------------------- TO: Robert Cuna DATE: 6-6-'~i~ FROM: Chief Garner RE: Feedback ~'~ b In the interest of our goals that we"have discussed I offer y~~u the following feedbacE: for your "consideration: As we discsussed on Monday, because of certain environmental conditions that make up E+ob Cuna and certain environmental conditions that have made up Me, you seem to have a greater tendency to bend or break "the rules", while my personality is much more structured. As we discussed there are, of course, ~=ertain times that rules must be bent (ie.: the "No Swimming"'sign when you witness a struggling person thrashing in the water). However, f~_~r those less lethal times, especially in the ~=onditions of this department, I must expe~.t and trust my Captains to ~=onstantly uphold all regulations and directives, regardless of their ''~' personal feeling of them. Everyone knows this is the "appropriate thing to say", but putting it into practice can be much more difficult. It is my per~_eption that you strive to get everyone to like you and you want to make the "popular" decisions. However, as we have discussed before the popular decisions may not be the correct decisions and what is popular today may not be tomorrow. In your effort to gain others positive attention, I believe. this may give rise to an internal conflict where .you are much more tempted (mare that I would be, for example) to "bend" the rules to gain acceptance and harmony. As you know this ultimately deteriorates into a no win situation. The Chief will .not appreciate it and be angry with you; the troops will see that you disregarded the directives, some will be happy and others will wonder where you learned to be a manager; still worse, many of your subordinates will emulate your "rule bending" and generalise this to ~=ther decisions and activities. This can result in complete chaos and disorganisation. The Captains p~_~sition in these type of issues, in my view, must closely parallel that of the Chief. Even though you may not agree, you are appointed by the Chief to be his "right hand man." We ~.an n~_~t have a situation in whi~.h the "right" and the "left" are not in harmony. I have rep=ently felt very uncomfortable with same a~=tions that have been taken. This is much different than I e::pected. I wanted tc• be fully ~=onfident that thing= w~=~~_tld ~ be handled in a similar manner to how I w~~uld deal with them and that you would pr~~vide that leadership. This is what I must e~pe~_t from y,~u as my. appointed ~_aptain. I still feet that this is pr_-~ssible and that is why I have undertaE~en the tasE: of providing you this regular feedbacF~. Peing in an appointed position is much different that the traditional arbitrary testing. The message that I send t•. the tr~~ops when I maF4e such an appointment is "here's the guy that has similar ideas on running the show as I do, he speaks fear me." I have not been comfortable that this is always the case, but it must bey=came the reality. I have confidence in y_~u that it soon w i 1 1 . ~` PEARLAND POLICE DEPAP,TMENT MEMORANDUM --------------------------=---------------------------------- TO: Robert Cuna DATE: fi-1'~-'3~i FROM: Chief ~3arner RE: Letter of Reprimand ^n 6-1:'.-'~~a at appr+~ imately 3:55 F'M, I learned from Disport+.h personnel +:,f a news cc+nference that yc~u load apparently called. I was astonished to say the least, as I was at nor time informed by you of this event. I was n+-rt c+=nsulted prair to you making this decision and was not informed by yc+u after you to~~k this action. It was not until I had the Communications Center contact you and you arrived at my office that I had any direct, personal conversat is+n with yc+u about this situatic+n. This situation is unacceptable and intollerable. We have r__~mmuni+sated be+th in verbal and written form about the necessity of prior consultation before action. Yau, as a Captain, are not emp+_+wered with the authority to call news conferences or any other such ma.jar activity without the cc+nsultatitn and consent c+f the Chief of Police. Yau seem to continue to have difficulty in following this direction. This is to serve as a formal letter of reprimand and a formal notification that this type of mavrick behavior is completely unacceptable. If signifi+=ant, immediate, and continuous corrective action is not undertaken I will have no choice but to institute undesirable consequences. Yau have a great deal of potential but I will not tolerate these continuing "communication" problems. Yau are not, in my view, living up to our "nor surprizes" agreement that we discussed bath before and after your appointment to Captain. r ~ PNI~RLAND POLSCN D~PARTMNNT MEMORANDUM ------------------------------------------------------------- T0: Robert Cuna DATE: 7-3-90 8'ROM: Chief R. Garner lt~t No~iliaatioa~ llaliov~d Flom Doty Hob, This is to formally notify you that~you are currently relieved from active duty with pay from the Pearland Police Department. This action is being taken as a result of your current physical and psychological condition and is being done in the best interest of~b~th you .and the Department. Until further notice you may not exercise police powers, carry a firearm, wear a police uniform, or carry a badge or identification. Further you may not operate a city owned vehicle and are not to report to the police facility or contact police personnel unless prior permission to do so has been obtained from the Chief of Police. ~~~ AR Cllt~ o Z ~ O~ e o o ~ ~ *r s CIVIL SERVICE Fxa COMMISSION P.O. Box 818 Peorlond, Texos 77588-0818 (713) 485-Q411 October 30, 1990 Dr. Rion Hart 16860 Royal Crest Clearlake, Texas RE: Robert J. Cuna Dear Dr. Hart, This letter is to verify our conversation last week regarding the determination of physical and mental fitness of Robert J. Cuna. The City of Pearland's Civil Service `'~~ Commission has elected to a examine Mr. Cuna and submitpaoreportutoDtheRCommHssionto the Acting Police Chief Jay Chapman, and to Mr. Cuna. Please send all statements for this examination to Mary Hickling, City of Pearland, P.O. Box 2068, Pearland, Texas 77588. Yours truly, ling of Civ 1 S vice r s r 7~' ~~ QEa9`9 Clil u o 0 e o 0 Z o~ ~ o ~ ~rrll~nc~' o J ''~ *rExAS CIVIL SERVICE COMMISSION P.O. Box 818 Peorlond, Texos 77588-0818 (713) X85-Q411 T0: CIVI)ti SERVICE COMMISSION FROM: CIVIL SERVICE DIRECTOR, MARY HiCIZT,ING~. DATE: OCTOBER 22, 1990 v SUBJECT: APPOINTMENT OF PSYCHOLOGIST TO EXAMINE POLICE OFFICER After contacting several agencies and talking with TCLEOSE in regard to the appointment of a psychologist to examine Robert Cuna, I recommend that the.. _. following people be considered: 1. Rion Hart - located in Clear Lake Texas and recommended by the Seabrook and LaPorte Police Departments as well as by TCLEOSE. 2. Richard Chaumier - a Houston psychologist; recommended by TCLEOSE. 3. Leonard Bohanon - a Houston psychologist working out of Kelsey Seibold Clinic in the Medical Center; recommended by TCLEOSE. I r