FILED STATE OF J0-'r' R. rviccmetett DEPARTMENT OF 3. pg 1: mi INVESTIGATION Defendant: Chadwick B. Tindell Hearing Date: 01/01/2013 Defense Attorney: Don Bosch investigating Officer: Am Myers Date Submitted: 01/31/2013 - Judge: Hon. Mary Beth Leibowitz Court/Division: Knox (30. Criminal, Div. District Attorney: John Gil} Type of Report: Presentenoe Docket j1_9_g?_E I RDA NIA RE: CHADWICK BARRY TINDELL I -- BIOIMHK PG: 3 P47R OFFICIAL VERSION: THE DEFENDANT WAS CHARGED WITH FACILITATION OF OFFICIAL MISCONDUCT IN CASE NUMBER 100878. ON 12/12/12 THE DEFENDANT PLED GUILTY TO FACILITATION OF MISCONDUCT, A CLASS A MISDEMEANOR. THE AGREED UPON SENTENCE IS 11 MONTHS AND 29 DAYS. HE IS APPLYING FOR STATE PROBATION AND JUDICIAL DIVERSION WITH A SENTENCING HEARING SET ON 2/1/13. INFORMATION: ON OR ABOUT THE DAY OF DECEMBER, 2010, IN KNOX COUNTY, TENNESSEE, CHADWICK B. TINDELL, ALIAS, KNOWING THAT ANOTHER OR OTHERS INTENDED TO COMMIT OFFICIAL MISCONDUCT, BUT WITHOUT THE INTENT REQUIRED FOR CRIMINAL RESPONSIBILITY UNDER T.C.A. OFFENSE, KNOWINGLY FURNISHED SUBSTANTIAL ASSISTANCE IN THE COMMISSION OF CIAL MISCONDUCT, IN VIOLATION OF T.C.A. 39-11-403 AND T.C.A. 39~16-- 402. NO WARRANT INFORMATION COULD BE LOCATED IN THE COURT FILE. VERSION: THE DEFENDANT PROVIDED THE FOLLOWING WRITTEN STATEMENT ON MISDEMEANOR PLEA WAS AN AGREEMENT WITH THE DISTRICT ATTORNEY TO SETTLE POSSIBLE CHARGES OVER EDUCATION INCENTIVE PAYMENTS PAID BY THE KNOX COUNTY TRUSTEE. IT IS MY UNDERSTANDING THE POSSIBLE CHARGES WERE BASED ON MY PREPARA- TION OF THE SALARY SUIT DOCUMENTS WHICH PROVIDED FOR PAYMENT OF THE EDUCATIONAL INCENTIVE PAYMENTS. I PREPARED THE SALARY SUIT DOCUMENTS IN GOOD FAITH. THE DOCUMENTS WERE ALL REVIEWED AND APPROVED BY THE KNOX COUNTY LAW DIRECTOR, KNOX COUNTY MAYOR AND CHANCERY COURT JUDGE. TO MY KNOWLEDGE, NOTHING I WROTE VIOLATED ANY LAW, POLICY OR PROCEDURE. MY INTENTION WAS TO MAKE CERTAIN THE POLICY AND REASON FOR MAKING THE PAYMENTS WAS CLEAR AND PROPERLY CHADWICK TINDELL CODEFENDANTS STATUS: JOSHUA BURNETT (U0515741) WAS CHARGED WITH FACILITATION OF ORFICIAL MISCONDUCT IN CASE NUMBER 100876. HE PLED GUILTY To FACILITATION OF OFFICIAL MISCONDUCT ON 12/12/12 AND WAS PLACED ON SUPERVISED PRO- BATION ON 1/16/13 FOR 11 MONTHS AND 29 DAYS. - RE: CHADWICK BARRY TINDELL BIOIMHK PG: 4 . - MYERANOI A VICTIM IMPACT STATEMENT WAS NOT RECEIVED BY THE COMPLETION OF THIS REPORT. AGENCY STATEMENT: JOHN GILL, SPECIAL COUNSEL FOR THE KNOX COUNTY ATTORNEY GENERAL, PRO- VIDED THE FOLLOWING INFORMATION: FOR MANY YEARS THE KNOX COUNTY OFFICE HAS MADE INCENTIVE PAYMENTS OF UP TO $3000 PER FISCAL YEAR TO EACH EMPLOYEE COM-- PLETES THE UNIVERSITY OF TENNESSEE CENTER FOR GOVERNMENT TRAINING CER- TIFIED PUBLIC ADMINISTRATION PROGRAM OR ANY CONTINUING LEGAL EDUCATION REQUIRED AS PART OF THE OFFICE AND IN ADDITION TO REGULAR SALARIES. AFTER TAKING OFFICE ON 9/1/10, TRUSTEE JOHN DUNCAN FILED A SALARY SUIT TO CONTINUE THIS PRACTICE. I SOON AFTER TAKING OFFICE, DUNCAN HAD HIMSELF, THE DEFENDANT, JOSHUA BURNETT, KARLO RODRIQUEZ, KNOX WILLIAMS AND BILL CURTIS REGISTERED AND ENROLLED IN THE ADMINISTRATION IN DECEMBER 2010 DUNCAN INSTRUCTED DAVID SKINNER TO CAUSE $3000 CTAS BONUSES TO BE PAID TO DUNCAN, JOSHUA BURNETT, THE DEFENDANT, KARLO RODRIQUEZ, KNOX WILLIAMS, BILL CURTIS AND A $2000 BONUS TO BARRY HAWKINS AT THE SAME TIME BONUSES WERE PAID TO THE TRUSTEE EMPLOYEES WHO HAD COMPLETED THE PROGRAM IN YEARS PAST AND HAD COMPLETED THE WORK REQUIRED FOR THEIR ANNUAL RECERTIFICATION. SKINNER ADVISED DUNCAN THAT ONLY THOSE WHO COMPLETED THE PROGRAM WERE ENTITLED TO PAYMENT. NEVERTHELESS, DUNCAN ORDERED THE PAYMENTS. IN OCTOBER 2011 A PETITION AMENDING THE TRUSTEE SALARY SUIT IN SEVERAL RESPECTS WAS PREPARED BY THE DEFENDANT. IT INCLUDED ADDING THE PHRASE PURSUES WITH REASONABLE TO THE RE- QUIREMENTS FOR PAYMENT OF CTAS INCENTIVES. SHORTLY THEREAFTER, CTAS INCENTIVE PAYMENTS WERE MADE AGAIN TO DUNCAN, THE DEFENDANT AND HIS TOP STAFF AS LISTED ABOVE AND SOME OTHER EMPLOYEES WHO HAD NOT COM- PLETED THE REQUIREMENTS FOR THE CERTIFIED ADMINISTRATION PROGRAM. DURING THE INVESTIGATION A CO--WORKER (ZAC PREZINA) SAID THAT DEFENDANT HAD GIVEN HIM A NOTE WITH THE CTAS PASSWORD AND HAD REQUESTED HIM TO TAKE SOME ON--LINE TESTS FOR THE DEFENDANT. THE DEFENDANT ALSO SENT EMAILS REFERRING TO HIS NEED TO GET MORE HOURS ON CTAS. BREZINA DID TAKE SOME COURSES FOR THE DEFENDANT ON- LINE. THE DEFENDANT ALSO ADVISED THE TRUSTEE THAT HE HAD NOT COM- PLETED ANY ON--LINE COURSEWORK. A RE: CHADWICK HARRY TINDELL 5 P47R AGENCY STATEMENT: DURING THE COURSE OF THE INVESTIGATION TINDELL ADVISED THAT THE OFFICE HAD DESIGNATED PC AS THE ONE FOR EMPLOYEES TO USE TAKING THE CTAS COURSES. ON 12/21/11 THE DEFENDANT PREPARED ANOTHER SALARY SUIT CHANGING BONUS REQUIREMENT BACK TO COMPLETION OF CTAS CERTIFICATION OR RE- QUIRED CLE COURSES. RESTITUTION: COMMENTS: A RESTITUTION ORDER WAS NOT FILED BY THE COMPLETION OF THIS REPORT. MITIGATING FACTORS: NO MITIGATING FACTORS WERE FILED BY THE DEFENSE ATTORNEY IN THIS CASE. ENHANCING FACTORS: NO ENHANCING FACTORS WERE FILED BY THE ATTORNEY.GENERAL IN THIS CASE. PRIOR RECORD: THE CRIMINAL HISTORY INFORMATION CONTAINED HEREIN SHALL BE USED ONLY FOR LAW ENFORCEMENT PURPOSES OR AS AUTHORIZED BY LAW. THE USE, DISCLOSURE OR DISSEMINATION OF THIS INFORMATION EXCEPT AS AUTHORIZED BY LAW IS STRICTLY PROHIBITED. COMMENTS: A NATIONAL RECORD CHECK REVEALED NO CRIMINAL HISTORY. A JUVENILE RECORD CHECK WAS NOT REQUESTED DUE TO THE AGE OF THE DEFENDANT. STG AFFILIATION: NO GANG AFFILIATION COMMENTS ENTERED . . I,