Download as pdf or txt
Download as pdf or txt
You are on page 1of 93

November 18, 2022

Chief John Venuti


Virginia Commonwealth University Police Department
224 East Broad Street
Richmond, VA 232842024

- Sent Via Certified Mail: 7020 0090 0000 0549 3476

Dear Chief Venuti,

Please find the enclosed agency file copy of documents providing notification of Reinstatement
to the following individual:

- Ms. Polly Griffin

If you have any questions, please feel free to contact me at (804) 225-4503 or via email at
([email protected]).

Sincerely,

Jon Banberger
Decertification Coordinator
November 18, 2022

Andrew D. Meyer, Esq.


1205 West Main Street, Suite 204
Richmond, Virginia 23220

Dear Mr. Meyer,

Please find the enclosed attorney file copy of documents providing notification of
Reinstatement to the following individual:

- Ms. Polly Griffin

If you have any questions, please feel free to contact me at (804) 225-4503 or via email at
([email protected]).

Sincerely,

Jon Banberger
Decertification Coordinator
Virginia Department of Criminal Justice Services

Criminal Justice Services Board


Executive Committee

DECERTIFICATION APPEAL HEARING


Thursday, November 17, 2022

#2

Polly F. Griffin
Code of Virginia
Title 15.2. Counties, Cities and Towns
Subtitle II. Powers of Local Government
Chapter 17. Police and Public Order
Article 1. General Provisions

§ 15.2-1707. Decertification of law-enforcement officers


A. The sheriff, chief of police, or agency administrator shall notify the Criminal Justice Services
Board (the Board) in writing within 48 hours of becoming aware that any certified law-
enforcement or jail officer currently employed by his agency has (i) been convicted of or pled
guilty or no contest to a felony or any offense that would be a felony if committed in the
Commonwealth; (ii) been convicted of or pled guilty or no contest to a Class 1 misdemeanor
involving moral turpitude or any offense that would be any misdemeanor involving moral
turpitude, including but not limited to petit larceny under § 18.2-96, or any offense involving
moral turpitude that would be a misdemeanor if committed in the Commonwealth; (iii) been
convicted of or pled guilty or no contest to any misdemeanor sex offense in the Commonwealth,
another state, or the United States, including but not limited to sexual battery under § 18.2-67.4
or consensual sexual intercourse with a minor 15 years of age or older under clause (ii) of § 18.2-
371;(iv) been convicted of or pled guilty or no contest to domestic assault under § 18.2-57.2 or
any offense that would be domestic assault under the laws of another state or the United States;
(v) failed to comply with or maintain compliance with mandated training requirements; or (vi)
refused to submit to a drug screening or has produced a positive result on a drug screening
reported to the employing agency, where the positive result cannot be explained to the agency
administrator's satisfaction.

B. The sheriff, chief of police, or agency administrator shall notify the Board in writing within 48
hours if any certified law-enforcement or jail officer currently employed by his agency (i) is
terminated or resigns in advance of being convicted or found guilty of an offense set forth in
clause (i) of subsection A that requires decertification, (ii) is terminated or resigns in advance of a
pending drug screening, (iii) is terminated or resigns for a violation of state or federal law, (iv) is
terminated or resigns for engaging in serious misconduct as defined in statewide professional
standards of conduct adopted by the Board, (v) is terminated or resigns while such officer is the
subject of a pending internal investigation involving serious misconduct as defined in statewide
professional standards of conduct adopted by the Board, or (vi) is terminated or resigns for an act
committed while in the performance of his duties that compromises an officer's credibility,
integrity, honesty, or other characteristics that constitute exculpatory or impeachment evidence
in a criminal case.

C. The notification, where appropriate, shall be accompanied by a copy of the judgment of


conviction.

D. Upon receiving such notice from the sheriff, chief of police, or agency administrator, or from
an attorney for the Commonwealth, the Board shall immediately decertify such law-enforcement
or jail officer. Such officer shall not have the right to serve as a law-enforcement officer within
the Commonwealth until his certification has been reinstated by the Board.

E. When a conviction has not become final, the Board may decline to decertify the officer until
the conviction becomes final, after considering the likelihood of irreparable damage to the officer
1 11/10/2021 12:00:0
if such officer is decertified during the pendency of an ultimately successful appeal, the
likelihood of injury or damage to the public if the officer is not decertified, and the seriousness of
the offense.

F. The Department of Criminal Justice Services is hereby authorized to waive the requirements
for decertification as set out in subsection A for good cause shown.

G. The Board may initiate decertification proceedings against any current or former law-
enforcement or jail officer if the Board has found that any basis for the officer's decertification
set forth in subsection A or B exists.

H. Any conviction of a misdemeanor that has been appealed to a court of record shall not be
considered a conviction for purposes of this section unless a final order of conviction is entered.
Any finding of misconduct listed in subsection B will not be considered final until all grievances
or appeals have been exhausted or waived and the finding of misconduct is made final.

1994, cc. 850, 905, § 15.1-131.8:2; 1995, c. 112;1997, c. 587;2013, cc. 307, 468;2017, c. 496;2020,
Sp. Sess. I, cc. 27, 37.

The chapters of the acts of assembly referenced in the historical citation at the end of this
section(s) may not constitute a comprehensive list of such chapters and may exclude chapters
whose provisions have expired.

2 11/10/2021 12:00:0
Code of Virginia
Title 15.2. Counties, Cities and Towns
Subtitle II. Powers of Local Government
Chapter 17. Police and Public Order
Article 1. General Provisions

§ 15.2-1708. Notice of decertification


A. Service of notice. The Board shall, within ten days of decertification, serve notice upon an
affected officer, in person or by certified mail, and upon the law-enforcement or jail agency
employing said officer, by certified mail, specifying the action taken and remedies available. The
Board shall stay final action until the period for requesting a hearing expires.

B. Decertification hearing. Any law-enforcement or jail officer who has been decertified may,
within thirty days of receipt of notice served by the Board, request, by certified mail, a hearing
which shall be granted by the Board. Upon receipt of such request, the Board shall set a date,
time, and place for the hearing within sixty days and serve notice by certified mail upon the
affected officer. The Board, or a committee thereof, shall conduct such hearing. The affected
officer may be represented by counsel. In the absence of a request for hearing, decertification
shall, without further proceedings, become final thirty days after the initial notice.

C. Standard of review. The decertification of a law-enforcement or jail officer under § 15.2-1707


shall be sustained by the Board unless such law-enforcement or jail officer shows, by a
preponderance of the evidence, good cause for his certification to be reinstated.

D. Final decision after request for hearing. The Board shall render a final decision within thirty
days.

E. Notice of final action. The Board shall notify the officer and the law-enforcement or jail agency
involved, by certified mail, of the final action regarding decertification.

F. Reinstatement after decertification. Any officer who is decertified may, after a period of not
less than five years, petition the Board to be considered for reinstatement of certification.

1994, cc. 850, 905, § 15.1-131.8:3; 1995, c. 112;1997, c. 587.

The chapters of the acts of assembly referenced in the historical citation at the end of this
section(s) may not constitute a comprehensive list of such chapters and may exclude chapters
whose provisions have expired.

1 11/10/2021 12:00:0
October 19, 2022

Ms. Polly Griffin

Chester, Va. 23831

- Sent Via Certified Mail: 7022 0410 0001 6840 1316

Dear Ms. Griffin,

The Department of Criminal Justice Services (DCJS) has rescheduled your request for a
Decertification Appeal hearing, pursuant to the provisions of § 15.2-1708 (B) of the Code of
Virginia. The hearing, originally scheduled for September 22, 2022, was continued, at your
request, pending court proceedings. The Executive Committee of the Criminal Justice Services
Board will conduct hearings beginning at 10:00 A.M. on Thursday, November 17, 2022, at the
Washington Building in Richmond, Virginia. The physical address is 1100 Bank Street,
Richmond, VA 23219. A virtual option will also be available if needed.

The hearing will take place in the DCJS conference room on the 12 th floor. Upon entering the
building at the Bank Street entrance, you must sign in with security and show a photo ID or driver’s
license. DCJS staff will provide escort, while in the building. We will notify you at the email
address on file and via your attorney, Mr. Andrew Meyer
([email protected]), if there are any changes to the scheduled hearing.

If you have any questions about this hearing, please feel free to contact Jon Banberger
at (804) 225-4503 or via email at ([email protected]). Any request to
reschedule the hearing to a later date should be submitted to DCJS, via email, at least two (2)
weeks prior to the hearing date set forth above.

Sincerely,

Jackson H. Miller
Director

c: John Venuti, Chief, Virginia Commonwealth University Police Department


Chief Craig L. Branch, Chair, Criminal Justice Service Board
Catherina F. Hutchins, Senior Assistant Attorney General, Office of the Attorney General
Harvey Powers, Director, Division of Law Enforcement (DCJS)
Andrew D. Meyer, Esq. Attorney
Jonathan Banberger

From: Jonathan Banberger <[email protected]> on behalf of Jonathan


Banberger
Sent: Wednesday, November 2, 2022 11:18 AM
To: John Venuti
Cc: Jonathan Banberger
Subject: RE: Griffin Matter

Importance: High

Thank you Chief Venuti!

The information will be included in the file for the hearing.

I will be sending out more information in the coming week or so.

Have a Good Day!

Jon

Jon Banberger
Law Enforcement Decertification Coordinator/ Division of Law Enforcement
Virginia Department of Criminal Justice Services
1100 Bank St., 9th Floor
Richmond, VA 23219
Office: (804) 225-4503
Mobile: (804) 551-3521
https://www.dcjs.virginia.gov/

For up to date information, subscribe to DCJS Updates: www.dcjs.virginia.gov/subscribe


Visit us on Facebook: www.facebook.com/vadcjs and Flickr: www.flickr.com/photos/va dcjs

CONFIDENTIALITY NOTICE:
The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged
information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has
been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attac hments. If you are not the
intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited.

From: John Venuti <[email protected]>


Sent: Wednesday, November 2, 2022 11:07 AM
To: Jonathan Banberger <[email protected]>
Subject: Griffin Matter

I am submitting the decision of the hearing officer from the Department of Human Resources Management for
the Griffin matter for the board's review.
I have no additional material to submit.
1
John Venuti

Associate Vice President for Public Safety, VCU and VCU Health/ Chief of Police

224 East Broad Street, Richmond, Virginia 23284

(804) 690-8868 Cell


Safety is Everyone's Responsibility

Cheri Stickels handles all of my scheduling- [email protected], Cheri can also be reached
at 804.828.6334.

Below survey for VCU accounts only:

This survey for VCU Health accounts only:

Security Department

*The VCU Health Security Department strives for STAR Service every day – we would appreciate your feedback to help
us achieve this goal (see link below for a brief survey)*

Security Dept. Customer Service Satisfaction Survey

m
m

2
FILE CONCLUDED

You might also like