Full opinion text
ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT GOLD, District Judge. THIS CAUSE is before the court upon the joint motion for summary judgment (DE #213) filed by the defendants, the University of Miami (“UM”) and the City of Coral Gables (“the City”) (collectively “the defendants”). The plaintiffs, Andrew Allocco (“Allocco”), Abraham Fernandez (“Fernandez”), Steny Garcia-Montes (“Garcia-Montes”), Alex Silva (“Silva”), and John Allen (“Allen”), filed a fifth amended complaint against the defendants, alleging as follows: count I, negligent misrepresentation (against UM); count II, retaliation in violation of First Amendment rights (by Allocco and Fernandez against the City); count III, conspiracy (against UM); count VI (first), whistleblower claim in violation of Fla. Stat. §§ 448.102 et seq (by Allocco and Fernandez against UM).; count VI (second), violation of Florida’s Racketeer Influence and Corrupt Organizations Act (“RICO”) act, Fla. Stat. §§ 895.01 et seq. (against UM); count VII, violation of due process rights under the Fourteenth Amendment through a deprivation of a property and liberty interest (by Allocco and Fernandez against the City); count VIII, whistleblower claim in violation of Fla. Stat. §§ 112 et seq. (by Allocco and Fernandez against UM and the City); and count IX, violation of 42 U.S.C. § 1983 (by Allocco and Fernandez against the City). Through these claims, the plaintiffs, who were employed as UM public safety officers and part-time law enforcement officers of the City, seek to obtain the same benefits and pay as full-time City officers. The defendants request summary judgment on each count of the complaint. They argue that the plaintiffs’ misrepresentation, conspiracy, and RICO claims fail as a matter of law because neither the City nor UM ever made any misrepresentations to the plaintiffs. In support of this argument, the defendants have submitted a substantial amount of evidence to show that the plaintiffs always knew that they were being employed as part-time City officers, not full-time officers. As for the claims asserted by Allocco and Fernandez, the defendants contend that these plaintiffs were terminated because they refused to obey reasonable orders from their commanding officers. The defendants also contend that Allocco’s and Fernandez’s due process claims fail because they were not deprived of a constitutionally protected property or liberty interest. On July 19, 2002, the court heard oral argument on the defendants’ motion for summary judgment. After carefully considering the motion, evidence, and arguments of counsel, the court grants the defendants’ motion for summary judgment. Introduction and Procedural History The plaintiffs are all current or former public safety officers of UM’s Public Safety Department (“UMPSD”). As UMPSD officers, they have been defined in a contract between UM and the City as full time employees of UM who are registered for administrative purposes with the Florida Department of Law Enforcement (“FDLE”) as part-time law enforcement officers of the City. The contract between the City and UM took effect in 1969, and all of the plaintiffs were hired after the contract took effect. Through a succession of six complaints, the plaintiffs have attempted to gain the same rights, benefits, and privileges afforded to full-time law enforcement officers employed by the City. The plaintiffs claim that the defendants devised a scheme to deprive them of the same pay, benefits, and privileges as full-time City officers by falsely classifying them as part-time officers. According to the plaintiffs, the label of “part-time” was misleading because they all worked full-time shifts. The plaintiffs filed their original complaint in state court on November 8, 1996. In their complaint, the plaintiffs asked the court to declare the 1969 contract null and void as an unlawful delegation of power and to declare them full-time law enforcement officers. The plaintiffs also brought a separate action against the City for breach of the collective bargaining agreement between the City and the Fraternal Order of Police, Lodge No. 7. The court dismissed the complaint on jurisdictional and standing grounds. The plaintiffs amended their complaint on September 24, 1997, and raised new theories of relief. Although the plaintiffs enlisted two UM students to serve as plaintiffs to contest the validity of the 1969 contract, the court dismissed this claim for lack of standing. The plaintiffs also alleged that UM and the City made negligent misrepresentations to them regarding them employment status and the terms and conditions of their employment, but the court dismissed the claim for failure to plead with sufficient particularity. On January 19, 1998, the plaintiffs filed their second amended complaint, which alleged negligent misrepresentation. On October 7, 1999, the plaintiffs amended their complaint further to assert federal claims. This complaint was removed to federal court. On September 22, 2000, the plaintiffs filed a fifth amended complaint. Following rulings by this court on the defendants’ motions to dismiss, counts IV and V were dismissed with prejudice from the fifth amended complaint, and the City was dismissed from counts I and III. The Undisputed Facts I. Background Facts A. The Relationship Between the City and UM UM owns a university campus located within the City. In 1969, the City and UM entered into a contract whereby the parties agreed that if UM hired any persons “to act in the capacity of Police Officers”, the City would pass on the officer’s qualifications and swear him/her in as a “regular” police officer of the City with full arrest powers. (Def. Ex. 22 ¶ 1). The Contract goes on to define the status of such an officer: Any Police Officers hired under the terms of this Agreement will be employees of and will be compensated by the University and therefore will not be eligible for retirement or other benefits which are provided by the City for its employees. It is contemplated that Police Officers hired by the University and sworn in by the City will perform their functions only on the campus of the University. It is understood, however, that a Police Officer may be required on occasion to exercise his authority off campus in connection with an occurrence on campus and, further that a Police Officer may be requested by the City to assist other police officers in an emergency situation even if such assistance is rendered off campus. It is understood by both parties that the Police Officers will not be subject to Trial Board hearings and will instead be disciplined by the University, provided, however, that the Chief of Police of the City will have the right to revoke the oath of office of any Police Officer for just cause. (Def. Ex. 22 at ¶ 2) (emphasis added). The contract also provides that UM would pay for the officers’ badges; guns, and uniforms, which would be subject to approval by the City’s Chief. (Def. Ex. 22 at ¶ 3). B. UM Officers’ Classification for FDLE Purposes From approximately February 18, 1976, through October of 1976, the City and UM engaged in various conversations with Louis Rausch, the Chief of FDLE’s Police Standards and Training Commission, regarding the proper classification under which the City should be registering UM officers with the state. Chief Rausch advised that UM officers should be registered with the state as “part-time” officers because “the policing of UM campus is by contract whereby the personnel are sworn, in title and authority only, as regular Coral Gables police officers[,][t]hey derive no benefit as employees of the city and are strictly under the control of university management as a private institution.” (Def.Ex. C). Section 943.10(6) defines a “part-time” law enforcement officer as “any person employed or appointed less than full time, as defined by an employing agency, with or without compensation, who is vested with authority to bear arms and make arrests and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state.” On February 11, 1977, the City and UM modified their 1969 agreement to address Chief Rausch’s concern. The modification stated, in pertinent part: “[T]he Chief of the Bureau of Standards, a state agency, interprets the state law that the police officers employed by the University for security purposes on the University campus must be classified as ‘part-time police officers of the City’.... [E]ven though the police officers on the University campus are engaged by the University, and paid by the University, and controlled by the University, it is nevertheless, the position of the Bureau of Standards that said police officers be processed for Police Standards and Training Commission registration purposes as part-time Coral Gables police officers.... [I]f such police officers cannot be so processed, the University will be unable to seek the placements to maintain its campus police officers.... That the said agreement shall be modified notwithstanding any other provisions of the original agreement to the extent that the City will recognize the police officers of UM of Miami campus, for process by the Police Standards and Training Commission, as part-time Coral Gables police officers.... ” (Def. Ex. 22, Modif. at 1). Since UM and the City entered into this modification, UM officers have continued to be registered with the FDLE as “part-time” City officers. It is undisputed that both the 1969 contract and the 1977 modification are public records. See Fla. Stat. § 119.01(1). For purposes of summary judgment, it also is undisputed that the UM-City contract was legal. C. UM Officers are Classified as Part-Time City Officers It is undisputed that, under the 1969 contract and the subsequent modification, UM officers are “regular” City officers. They differ, however, from other City officers in their classification as “part-time”. For the plaintiffs, this difference is significant because, according to the plaintiffs, it creates a loophole through which the City can escape paying or conferring the same benefits upon UM officers as it is obliged to provide to regular officers who are classified as “full-time”. In addition to part-time status, other distinctions have arisen as a result of this classification. For example, UM officers wore the same uniforms as City officers, but they also wore a patch or strip that designated them as “University of Miami”. UM officers engage in community policing on the campus, interact daily with students, and speak at campus engagements. (Christensen Dec. at ¶ 7). At the same time, UM officers have police powers throughout the City and can carry out the duties of police officers, such as making arrests. (Christensen Dec. at ¶ 8). It is undisputed that UM officers received their police-related equipment from the UMPSD, not the City. Additionally, the police cars driven by the UM officers were white, orange, and green and marked with “University of Miami”, whereas the City’s police ears were blue and white and marked with “City of Coral Gables”. UMPSD created the schedules for UM officers, and the schedules followed by City officers were not always the same. (Garcia-Montes Depo. at 65, 347; Allen Depo. at 111; Silva Depo. at 284). If UM officers were sick or needed to schedule a vacation day, they contacted UM, not the City. UM, not the City, maintained records of its officers’ attendance and vacation entitlement. All of the plaintiffs’ performance evaluations were done by UM on UM evaluation forms. D. FDLE’s Review of the Part-Time Designation On April 3, 1992, Larry Boemler, FDLE’s Regional Field Specialist, became aware of the designation of UM officers as part-time City officers when the Coral Gables Police Department (“CGPD”) registered Eric Shoemaker, the new Director of the CGPD, with the Criminal Justice Standards and Training Commission (“CJSTC”). Boemler found it “curious” that Shoemaker was registered with the City as a part-time officer because he worked full-time in law enforcement. In fact, all twenty-six of UM’s officers were registered as part-time even though they worked forty or more hours per week. (Boemler Affid. at ¶ 4). Boemler requested “review by legal counsel to better define ‘full-time’, verify that salary incentives are not required, and endorse the arrangement between the University and the City.” (Boemler Affid. at ¶ 4). On May 8, 1992, FDLE’s Assistant General Counsel, Joseph S. White, responded. He stated that private colleges and universities lacked the authority to establish a police agency. He added, “If [the individuals performing security functions for a university] happen to be duly employed law enforcement officers by a law enforcement agency whose jurisdiction includes the location of the private entity, they may then exercise police powers (arrests, criminal law enforcement, etc.). This is apparently the approach taken in this instance.” (White Affid. at ¶ 7). White also opined that UM was not required to register the officers or to pay salary incentives. As to whether the officers appropriately were classified as “part-time”, White stated: [Florida Statute] Section 943.10(6) allows the employing agency the discretion to determine which officers should be categorized as “part-time”. Coral Gables Police Department has apparently done so in the case of these officers. For purposes of this analysis, I will assume that Coral Gables Police Department is aware that these part-time officers work full-time for the University of Miami. Certainly, there is nothing in Chapter 943 which would prohibit a part-time officer from holding a full-time job with a private entity. I do not think this is altered by the fact that the private entity employment is in security. (White Affid. ¶¶ 6-7). E. Changes in the UM/City Relationship From 1969 until early 1992, UM and the City operated fairly independently of each other. The Director of the UMPSD ensured that UM officers followed City directives and Standard Operating Procedures (CGSOPs). (Frechette Dec. at ¶¶ 3-6; Christensen Dec. at ¶ 6). In late 1991, the CGPD began seeking accreditation through the Commission for Accreditation of Law Enforcement Agencies (“CALEA”). As the City reviewed its hiring processes to implement changes that would be necessary to meet CALEA’s requirements, it began looking at UMPSD’s hiring process, given that UMPSD officers were sworn in as part-time CGPD officers. (Werbin Dec. at ¶ 3). At the same time, CGPD became more involved in the recruitment and selection of its own officers, given that these functions previously were done by the City’s Employee Relations Department. (Wer-bin Dec. at ¶ 3). Although it was unclear how the City’s pursuit of accreditation would affect UM’s operations, UM officials became concerned that the City might terminate the 1969 contract and take over policing the campus. (Lieberman Depo. at 42-52). As a result, in 1992, UM began seeking legislation which, if passed, would have allowed it to become a fully independent police agency, much like campus police in the state system. These events created fear among the UM officers that their jobs were in jeopardy. (Lieberman Depo. at 20-21, 75-76; Chisman Dec. at ¶ 17). Prior to 1992, the hiring process for the UM officers took place almost entirely through the UMPSD, with the exception of swearing in, which occurred at the CGPD. (Freschette Dec. at ¶¶ 2, 5). The UMPSD performed its own advertising, recruiting, investigating, and interviewing. (Fres-chette Dec. at ¶ 2; Pesa Depo. at 22-25; Clusman Dec. at ¶ 11). As the CGPD reviewed its hiring procedures and those of UMPSD, it established new procedures for persons it deemed qualified to be sworn in as City officers. These new procedures applied to both the City and UM applicants. (Werbin Dec. at ¶ 3). The only plaintiff affected by these procedures was Allocco because he was hired after 1992, whereas all the other plaintiffs were hired before this year. The City’s qualifications process was more thorough than UM’s previous process. Because UM’s background investigator, Bart Pesa, resigned at this time, UM and the City agreed that UM would pay CGPD Sergeant Marc Werbin overtime to process UM applicants. (Werbin Dec. at ¶ 5). During this time, Werbin also trained UM employees on the necessary steps in handing out and receiving completed application packages. (Werbin Dec. at ¶ 10). Ultimately, the City’s accreditation process ended successfully, and UM’s legislation failed. By September of 1995, UM and the City worked out an arrangement whereby UM directly employed Werbin during his off-duty hours to handle the background process, and all applicants were picking up application packages directly at UM. (Werbin Dec. at ¶ 10). Wer-bin continued in this position until 1997, when Richard Bannon, a retired City officer, contracted with UM to handle the background and screening function. (Ban-non Depo. at 4-8; Werbin Dec. at ¶ 14). Since 1997, all UMPSD recruitment and selection functions have been handled through Bannon. (Werbin at ¶ 14). F. Supervision, Investigation, and Discipline Henry Christensen is the Director of the UMPSD. He reports to Alan Fish, the Associate Vice President of UM’s Financial Affairs Department. Christensen is responsible for the day-to-day operations of the UMPSD and is assisted in carrying out his responsibilities by Russell Clus-man, Captain of the UMPSD, and William Gerlach, Lieutenant of the UMPSD. UMPSD hires, schedules, deploys, directs, evaluates, disciplines, and pays for training of its officers. (Christensen Dec. at ¶ 2; Clusman Dec. at ¶ 2; Gerlach Dec. at ¶ 2). At all times, UM officers are supervised on a day-to-day basis by UM employees. (Christensen Dec. at ¶ 5). Nevertheless, because UM officers are part-time City officers, the CGPD has the right under the 1969 contract to ensure that UM officers appropriately exercise their police powers. In this regard, UM officers are advised when they are sworn in that they are obligated to uphold the laws of Florida and tire CGSOPs in the exercise of their police powers. (Clusman Dec. at ¶ 24). If UM or the City receives information that a UM officer has acted inappropriately in the exercise of his/her police powers, the situation can be investigated by the UMPSD or the City’s IA process. In essence, the City has ultimate and overall authority on employment decisions involving UM officers, but it does not always choose to exercise this authority. II. The Facts as They Relate to Garcia-Montes A. The Hiring Process Garcia-Montes was employed by UM in the Accounts Payable Department from May of 1981 until August of 1982. While working for UM, Garcia-Montes became interested in applying for a police officer’s position with UM. She went to UM, picked up a “University of Miami Application for Employment” form, filled it out, and returned it to UM. (Garcia-Montes Depo. at 18-21; Def. Ex. 102). Garcia-Montes never filled out an application for the City. (Garcia-Montes Depo. at 28). As far as Garcia-Montes could recall, all aspects of her hiring process were conducted through Sgt. Cokes Watson, who was employed by UM at the time. (Garcia-Montes Depo. at 25; Watson Dec. at ¶ 2). Garcia-Montes does not recall the content of any discussions she had with anyone during the hiring or interview process, but Bart Pesa, who was a detective and background investigator with the UMPSD, recalls having specific discussions with Garcia-Montes during the background process comparing the pay, benefits, and rights of the UM officers to the City officers. (Pesa Depo. at 26-31). Specifically, Pesa told Garcia-Montes how much she would be paid and related the facts that UM paid its officers less than the City paid its officers, that the UM officers did not receive the state educational incentive money (as opposed to the City, which did), that UM’s retirement plan was not comparable to the retirement plan of the City, and that UM officers were classified as part-time. (Pesa Depo. at 26-28). Garcia-Montes has not provided any evidence to refute this testimony. Garcia-Montes was hired on April 5, 1985, and she remains employed with UMPSD today. From the beginning of her employment, Garcia-Montes was aware that she received her police powers from the City and that UM and the City had a contractual arrangement regarding police officers. (Garcia-Montes Depo. at 269, 270, 275). Garcia-Montes testified that, although no one ever told her she was employed by the City, she felt she had dual employers. (Garcia-Montes Depo. at 38, 277). Upon her hiring, UM paid for Garcia-Montes to attend the police academy. Garcia-Montes signed a Cost of Training Agreement in which she promised to repay UM for tuition it expended for her to attend the academy if she did not remain employed with UM for at least two years. (Garcia-Montes Depo. at 33-34, Def. Ex. 106). In this agreement, Garcia-Montes was designated as “Employee” and UM was designated as the “Employer”. (Def.Ex. 106). B. Garcia-Montes’ Knowledge of Differences Between UM and City Officers Garcia-Montes has known throughout her employment that she was employed both by UM and the City. (Garcia-Montes Depo. at 269, 277-79). She also knew that the City officers were employed exclusively by the City. (Garcia-Montes Depo. at 316-17). Garcia-Montes acknowledges that, as a UMPSD officer, she was required to abide by UM’s policies, rules, regulations, and SOPs, as well as the City’s SOPs. She also understood that she was an at-will employee that could be terminated for violation of UM’s policies. Although several UM officers have testified that it was common knowledge that the City paid its officers better and provided more benefits, Garcia-Montes claims that she did not know about the disparity at the beginning of her employment, but she admits that she learned of it around 1990 when she heard former UMPSD Officer Dennis Whitt discussing it with another UM officer. (Garcia-Montes Depo. at 192; Clusman Deck at ¶ 8). In early 1993, Garcia-Montes knew that several UM officers left the department because of the disparities in pay and benefits. She recalls that Manny Montalvo, Rita Shove, and Cathy McElhaney all left at about the same time for this reason. (Garcia-Montes Depo. at 182-83; McElhaney Depo. at 19). Garcia-Montes also recalls receiving a memorandum dated May 6, 1993, which contained a comparison of the pay and benefits between the City and UM police departments. (Garcia-Montes Depo. at 185-86, Ex. 23). She was present in a meeting at about the same time in which the UM officers discussed with UM Vice President Dave Lieberman the fact that the City police had better benefits and retirement than UM police. Garcia-Montes admits that the disparities between UM and City police were a significant issue at this meeting and continued to be a significant topic of ongoing discussion for some time. (Garcia-Montes Depo. at 181). Garcia-Montes testified that, in 1995, she received a memorandum from UM Vice President Alan Fish, who offered to meet with UM officers individually or in groups to discuss their concerns. Garcia-Montes opted to do so and recalls discussing the pay and benefits disparities with Fish. (Garcia-Montes Depo. at 204, Ex. 32). She also recalls receiving a memorandum from Eric Shoemaker in March of 1995 regarding salary and supplemental retirement, in which Shoemaker stated, “[W]e are showing this commitment to the department in a desire to keep you all with the university.” (Garcia-Montes Depo. at 200, Ex. 31). Beginning in 1986, Garcia-Montes completed IRS W-4 forms reflecting that UM was her employer. (Garcia-Montes Depo. at 42-43, 46, 47; Def. Ex. 107, 108). Throughout her employment, Garcia-Montes has recorded her work hours on UM time sheets and has received all of her compensation and benefits, including insurance, holidays, and vacations, from UM. (Garcia-Montes Depo. at 94,95, 47, 47, 58, 138-39). Garcia-Montes was aware that, in the event of a shooting or similar occurrence, UM, and not the City, would provide her with legal representation. (Garcia-Montes Depo. at 104). Garcia-Montes never received any compensation or benefits from the City. (Garcia-Montes Depo. at 97,145). By 1991, Garcia-Montes had become aware that UM officers were limited to off-duty details on UM campuses only, whereas City officers could work off-duty details anywhere throughout the City. (Garcia-Montes Depo. at 164). This disparity in off-duty details was a source of discussion and disagreement among the UMPSD officers. (Garcia-Montes Depo. at 164-65). C. Garcia-Montes’ Knowledge of Part-Time Status Designation Garcia-Montes admits that the UMPSD Policies and Procedures Manual was made available to her, at least as early as 1985, when UMPSD Field Training Officer Hu-dak reviewed it with her. Pages twenty-seven and fifty-nine of the manual state that the part-time status limits UMPSD officers in making off-duty arrests or carrying weapons off-duty. Former UMPSD Detective Bart Pesa testified that he instructed Garcia-Montes during the hiring process that UM officers could not carry guns off-duty because of their part-time status. (Pesa Depo. at 29-30). Garcia-Montes further admits that she had an obligation to review the CGSOPs that were issued to her. She admits that she reviewed the May 3, 1989, revision to CGSOP 28 at the time it was issued. This SOP states that UM officers are designated as part-time Coral Gables officers. (Garcia-Montes Depo. at 284-86, 289-90, Ex. 17). Although she worked forty or more hours per week, Garcia-Montes never inquired as to why she was considered to be a part-time city officer. In the late 1980s, Garcia Montes was required to review her official file, which was maintained at the City. In this file, she saw a document entitled “Criminal Justice Standards and Training Commission Registration Form”. This document reflected that she was classified for FDLE purposes as a part-time officer with the City. Again, Garcia-Montes never asked anyone about this classification. (Garcia-Montes Depo. at 292, 296, Ex. 254). In approximately 1990, when Garcia-Montes heard Dennis Whitt discussing the contract between UM and the City with her coworker, she heard him mention the fact that the UM officers were designated as part-time. (Garcia-Montes Depo. at 192). Finally, Garcia-Montes admits that, in late 1991, she received a memorandum from UMPSD Director Eric Shoemaker, which stated, in relevant part: During the past day or so, rumors have been repeated in reference to what will be going to happen to our department and possibly our jobs. There are two issues at hand here. The first deals with the impact of the Coral Gables Police accreditation process; the second is how the University is dealing with the contingencies. Simply put, the accreditation process pursued by the Coral Gables Police brings our status as “part-time Police” into question. There are several opinions as to what must be done with us in order that the Coral Gables Police achieve accreditation. It is my sense that this is not clear to anyone involved. (Garcia-Montes Depo. at 188-89, Ex. 88) (emphasis added). D. Evidence Related to Conspiracy and RICO Claims Garcia-Montes admits that she has no knowledge as to whether the City had anything to do with determining how much UM would pay its officers, what benefits they would have, or “what agreement was between them”. (Garcia-Montes Depo. at 251). She has no evidence that the City participated or assisted in writing UM’s policies or procedures, or that they engaged in a scam to profit in a plan that defrauded job applicants. Garcia-Montes lacks evidence that UM and the City met to discuss the UM officers’ part-time status. Finally, Garcia-Montes is not aware of any fraudulent actions or statements specifically directed at her by way of mail or phone that would support her RICO claim. (Garcia-Montes Depo. at 457-59). III. The Facts as They Relate to Allen A. The Hiring Process In 1980, Allen was working as a process server with Court Services. While serving a subpoena at UM, he learned that there was an opening for a police officer, and he picked up an application. The application said “University of Miami” at the top of the page. Allen completed the application and returned it to UM, but he did not fill out an application for the City. (Allen Depo. at 51-57). Before and after submitting the application, Allen had discussions with UMPSD Detective Juan Seabolt, whom Allen knew from when Seabolt and Allen worked together for the City of South Miami. Seabolt conducted Allen’s background investigation. Allen believes he had two interviews, both of which occurred on UM’s campus. One interview was with UMPSD Chief Curt Ivy, someone from UM Human Resources, and someone from the City. Allen cannot recall the name of the individual from the City, whom he says “sat in” on the interview. (Allen Depo. at 62-64). The other interview was conducted by UMPSD Chief Ivy and UMPSD Detective Seabolt. (Allen Depo. at 64). The only thing that Allen can recall from this interview was that Ivy made a comment to the effect that the starting pay and benefits of UM were “in parity” with what the City provided for its officers. (Allen Depo. at 65-67, 178, 186). Ivy never explained what he meant by the term “parity”, but Allen admits that Ivy’s comment regarding parity referred only to the starting pay and benefits. (Allen Depo. at 309-10). No representation was made that UM would, over time, maintain parity with the City. (Allen Depo. at 307-08). Allen admits that Ivy did not discuss any specific benefits, such as insurance, retirement, off-duty assignments, transfer abilities, or advancement possibilities. (Allen Depo. at 69,186, 310-11). While Allen has stated that he had discussions with Seabolt about pay and benefits of being a UM officer, he cannot recall the specifics about the conversations. (Allen Depo. at 150-51). Seabolt, on the other hand, recalls that he told Allen that UM paid its officers less than what the City paid and that the retirement and other benefits differed. (Seabolt Depo. at 13, 27). Seabolt testified that he would not have hidden this fact from Allen because the differences were “blatantly obvious”. (Seabolt Depo. at 25, 33). Allen does not deny that Seabolt told him these things. After Allen accepted a position with UM, he submitted a resignation letter to Court Services, advising that he had accepted a position of police officer with UM. (Allen Depo. at 74, Ex. 61). He was then taken to the CGPD and sworn in by either Chief Bush or Chief Skalaski. (Allen Depo. at 72). After the swearing in, the CGPD Chief that swore him in commented that Allen would have to stay at UM for at least one year before he could “transfer over”. (Allen Depo. at 102). Allen was aware that UMPSD officers that left to work for the City had to go through an entirely new hiring process to become employed by the City. (Allen Depo. at 163). Upon being hired by UM, Allen attended an orientation at UM in which UM representatives discussed benefits and UM policies and procedures. (Allen Depo. at 80-81). Employees from other UM departments attended the orientation. B. Allen’s Knowledge of Differences Between UM and City Officers Allen contends that, throughout his employment, he knew that he was employed by both UM and the City. (Allen Depo. at 73, 237-38). He was aware that he received all of his pay and benefits, including vacations, holidays, retirement, and tuition remission, from UM. He also knew that all workers’ compensation injuries were’ to be reported to UM, not the City. (Allen Depo. at 122, 351, 354-57, 362-65, 374, Ex. 39, 194-98, 207). Allen has not received any compensation or benefits from the City. (Allen Depo. at 123, 374, 384). Allen was aware that, as a UMPSD officer, he was required to abide by UM’s policies, rules, and regulations. (Allen Depo. at 57, 81-82, 11, Ex. 60). He received copies of UM’s employee’s handbooks and Drug Free Workplace Policy, and copies of UM’s Policies and Procedures and SOPs always were available to him. (Allen Depo. at 81, 83-85, 89-92, 94, 128, 216-18, Ex. 68-74, 90-92). Allen knew that he was an at-will employee who could be terminated for violation of UM’s policies. He also understood that he was obliged to abide by the CGSOPs, and he received a full set of the CGSOPs in 1992. Allen knew that he could be disciplined by UM. In fact, he was disciplined by UM on several occasions for attendance and performance issues. (Allen Depo. at 227-28, 400-13, Ex. 97, 209-22). In 1981, Alen utilized UM’s grievance process relating to UM-imposed discipline. (Alen Depo. at 140-41, Ex. 81). Allen was aware that UM officers received certain benefits on campus to which City officers were not entitled. For example, UM officers could receive complimentary meals at UM dining facilities and use the library and swimming pool. Allen also was aware that UM officers were limited to off-duty details only on UM campuses, whereas City officers could work off-duty details anywhere throughout the City. (Allen Depo. at 204, Ex. 89). Allen admitted to knowing that, in the event of a shooting or similar occurrence, UM, and not the City, would provide him with legal representation. Additionally, in 1989, Allen became aware that UM officers were indemnified by UM for civil and criminal actions resulting from the performance of their duties. (Allen Depo. at 348, Ex. 193). Although Seabolt testified that he informed Allen, during the hiring process, about the difference in pay and benefits between UM and City officers, Allen claims that he did not have a full understanding of these differences until August of 1992, when City officers began supplementing UM’s police force after Hurricane Andrew. At that time, City officers told Allen how much they were making per hour. (Allen Depo. at 79-80). Despite Allen’s statement that he did not appreciate the differences until 1992, former UMPSD Detective Bart Pesa testified that, in 1984, Allen explained these differences to him during a conversation at UM’s Rathskeller. During this conversation, Allen told Pesa that UM officers were paid less than Gables officers, did not have the same benefits, did not receive the same state educational incentive money, and did not participate in the same pension plans. (Pesa Depo. at 7-10). Allen also told Pesa that, because UM officers were classified as part-time City officers, they could not carry their guns off duty. (Pesa Depo. at 11-12). In early 1993, Allen became aware that several UM officers left the department because of the disparities in pay and benefits, and the uncertainty and instability of the department. These officers left to work for the Village of Key Biscayne. (Allen Depo. at 172; Montalvo Depo. at 37-38). Additionally, Allen knew that several officers left UM in the mid-1980s to work for the City and each had to submit a City application and complete the City’s background hiring process. (Allen Depo. at 163). Allen also recalls that in May of 1993, there was a meeting with “[pjractically the entirety of the department” in which UM Vice President David Lieberman discussed the differences in pay and benefits between UM and the City. (Allen Depo. at 186-89, Ex. 23, 24). Allen believes that a written comparison study was distributed and discussed at the meeting. (Allen Depo. at 189, Ex. 23). The study compared such things as holidays, vacations, sick leave, workers’ compensation, tuition remission, and the grievance procedures of UM and the City. (Allen Depo. at 193). Allen describes the meeting as “pretty vocal”. (Allen Depo. at 193). He stated that UMPSD Sergeant Smith’s letter of June 10, 1993, correctly outlined the issues discussed at the meeting, including parity with the City, pay classifications, state salary, incentives, and a better retirement plan. (Allen Depo. at 193-96, Ex. 19). C. Allen’s Knowledge of UM’s Part-Time Status Designation Former UMPSD Detective Juan Seabolt specifically recalls discussing the part-time classification of UM officers with Allen. (Sealbolt Depo. at 22-23). Additionally, as mentioned in the preceding section, former UMPSD Detective Bart Pesa testified that Allen explained to him, in 1984, that, because UM officers were classified as part-time City officers, they could not carry their, guns off-duty. (Pesa Depo. at 12). While Allen admits that he often heard comments about “part-time” classification, he states he did not pay attention to these comments. Allen admits that he knew he had an obligation to review the CGSOPs, which were periodically updated. He admits that the CGSOP dated July 10, 1986, reflects that UM officers were classified as part-time City officers and that he had an obligation to review this document at the time it was issued. (Allen Depo. at 155-56, Ex. 86). In 1992, the UMPSD was in turmoil regarding changes that were occurring in the City. Allen admits that the issues discussed at the time were consistent with the memorandum issued by Eric Shoemaker to “All Police Officers”, on October 30, 1992, which stated that the City’s accreditation process would bring the UM officers’ status as “ ‘part-time Police’ into question.” (Allen Depo. at 159, Ex. 88). Several UM officers recall former UMPSD Officer Dennis Whitt frequently discussing the part-time classifications in the late 1980s. He had copies of the 1969 UM-City contract and the 1977 modification, and he often spoke out about how the officers were classified as part-time. Whitt said he would sue to break the contract so that the UM officers could be treated like City officers. (Pesa Depo. at 40^12; Gareia-Montes at 192; Smith Depo. at 95-101, Watson Decl. at ¶ 1; Hu-dak Decl. at ¶ 6). Whitt posted the contract at the UMPSD bulletin board, circulated it, and placed it on the squad room table. (Pesa Depo. at 40-42, 62; Smith Depo. at 95-101; Hudak Deck at ¶ 6). Allen admits to having several discussions with Whitt about the 1969 contract some time in the late 1980s, but he does not recall the specifics of these conversations. Allen does admit, however, that he reviewed the contract in 1992 and saw that it referred to UM officers as part-time City officers. (Allen Depo. at 236). D. Evidence Related to Conspiracy and RICO Claims Allen admits that he has no knowledge as to whether the City had anything to do with determining how much UM would pay its officers, what benefits they would have, or “what agreement was between them”. (Allen Depo. at 256). He also has no evidence that the City participated or assisted in writing UM’s policies or procedures, or that they engaged in a scam to profit in a plan that defrauded job applicants. Allen has no evidence that UM and the City met to discuss the UM officers’ part-time status. Finally, Allen is not aware of any fraudulent actions or statements specifically directed at him by way of mail or phone which would support his RICO claim. The only alleged false statement that Allen contends was communicated to him was by UMPSD Chief Ivy when he told him that UM and City pay was “in parity”, but this communication was made to Allen by Ivy in person (Allen Depo. at 169, 178-86). Allen does not have any evidence that the City was aware or agreed with what Ivy told Allen about pay and benefits. (Allen Depo. at 209, 256). IV. The Facts as They Relate to Silva A. The Hiring Process Sometime in 1987, Silva saw an advertisement in the Miami Herald for a police officer position with UM. (Silva Depo. at 82). Silva traveled to UM, picked up an application, and returned it to UM on August 18, 1987. (Silva Depo. at 82, Ex. 254). At the time of his application and throughout his background investigation process, Silva believed he was applying to be a UM police officer. (Silva Depo. at 102). Silva interviewed for his position with UMPSD with UMPSD Director Curt Ivy on the UM campus. (Silva Depo. at 242). The only thing that Silva recalls about the interview was that he and Ivy discussed the fact that UM was looking for the type of officer that would interact well with students. Silva does not recall any discussion about pay or benefits, nor a comparison being made between UM’s and the City’s pay and benefits for officers. (Silva Depo. at 243). Silva did not interview with anyone at the City. (Silva Depo. at 244). In fact, he did not know that there was a contract between UM and the City until he was taken to the CGPD to be sworn in. (Silva Depo. at 102). At that time, CGPD Chief Skalaski told Silva he was being sworn in as a City officer. (Silva Depo. at 102). Chief Skalaski did not tell Silva that he was an employee of the City, nor that UM officers had the ability to transfer laterally to the CGPD. (Silva Depo. at 247, 304-05). Silva did not attend an orientation at the City, but he did attend an orientation at UM. During this orientation, there was a diseussion of the benefits that he would receive from UM, and Silva did in fact receive these benefits. (Silva Depo. at 2). B. Silva’s Knowledge of Differences Between UM and City Officers Silva always knew that he was employed by UM, that he received all of his pay and benefits from UM, and that he received his police powers from the City. This is reflected in the fact that Silva’s IRS W-4 and W-2 forms indicate that UM was Silva’s employer. (Silva Depo. at 306, Ex. 285, 286). Silva also knew that the officers working for the City were not employed by UM and that they received all of their pay and benefits from the City. (Silva Depo. at 59-61, 94-96). Silva recognized that, from the beginning of his employment, he had to abide by UM’s policies, rules, and regulations, including those set forth in employee handbooks and in the UM Drug Free Workplace Policy. Silva knew he could be disciplined by UM, and, in 1990, he was written up for insubordination. (Silva Depo. at 255-58, 262-63, Ex. 274, 275). He submitted a grievance through UM, not the City, for this write up. (Silva Depo, Ex. 261-64, 266). Silva understood that he had an obligation to abide by the CGSOPs, but City officers did not receive UM employee handbooks. Silva explained, “We were getting' — the Division of the University of Miami were getting those books because we were getting the pay and the benefits from UM. That is why the downtown officers weren’t getting it.” (Silva Depo. at 257-58). According to Silva, his background investigation was conducted by UMPSD Detective Bart Pesa. Although Silva does not remember what he discussed with Pesa, Pesa has testified that, like with all new applications, he explained to Silva the situation at the UMPSD regarding pay, benefits, and the part-time classification. (Pesa Depo. at 35). Pesa recalls that, because Silva had worked for the Broward County Sheriffs Office, he knew more than other applicants and asked very particular questions, such as the availability of state benefits, retirement, overtime, and rotating shifts. (Pesa Depo. at 23, 35-38). Pesa also recalls specifically discussing the part-time classification in connection with the fact that UM officers could not carry their guns off duty. (Pesa Depo. at 35, 38-39). Silva contends that he did not become aware of the differences between UM and City officers until 1991 or 1992, when the City began to go through the accreditation process. (Silva Depo. at 147-48). The record shows that, by 1991, Silva knew that UM officers were limited to off-duty details only on the UM campus or UM-sponsored events, whereas City officers could work off-duty details anywhere throughout the City. (Silva Depo. at 381-83). In February of 1992, Silva requested that UM change the manner in which shifts were assigned so that UM officers could bid by seniority on shifts like the City officers. (Silva Depo. at 284-85). Silva also was aware that, in early March of 1993, UM President Foote held a meeting to address the UM officers’ concerns about the differences between UM and City officers. (Silva Depo. at 320). Silva admits that he attended this meeting. Former UM officer Gene Gibbons confirms this, as he has testified that he saw Silva standing up and pointing to President Foote at the meeting. (Gibbons Depo. at 58-61). On four separate occasions, Silva applied to work for the City, but his application was rejected each time. According to Silva, he wanted to transfer to the City because of the better pay and benefits. (Silva Depo. at 461). Silva admits that he was not told he could transfer laterally from UM to the City, but that he had to go through an independent application process. (Silva Depo. at 304-05). Silva recognizes that other UMPSD officers who successfully became City officers were required to submit new applications to the City and go through the entire background process. (Silva Depo. at 91-92, 153-55). C. Silva’s Knowledge of Part-Time Status Designation Silva admits that, throughout his employment, UM officers were referred to as “parUtimers”, but he never asked anyone what this classification meant. (Silva Depo. at 219, 220). Silva also recognizes that the UMPSD Policies and Procedures Manual was made available to him a couple of years after he began working for UM. This manual specifically discusses the limitation of UMPSD officers in making off-duty arrests or carrying weapons off-duty because of their part-time status. (Silva Depo. at 104-05, Ex. 80). As mentioned in the preceding section, former UMPSD Detective Bart Pesa instructed Silva that he could not carry a gun off-duty because of his part-time status. (Pesa Depo. at 35, 38-39). Silva admits that he received CGSOP 28 on May 3, 1989, the date the revision was issued. This SOP states that UM officers are designated as “part-time” Coral Gables officers. (Silva Depo. at 372, Ex. 17). Silva also referred to CGSOP 28 in a December 1990 memorandum that he wrote to UMPSD Lieutenant Clusman to terminate a grievance he was processing through UM. (Silva Depo. at 203, Ex. 266). On October 30, 1992, UMPSD Director Eric Shoemaker issued a memorandum to all UMPSD officers. This memorandum stated, in pertinent part, that the accreditation process being pursued by the City brought their status as “ ‘part-time Police’ into question”. (Silva Depo. at 222-23). Although Silva does not remember reading this memorandum, he states that the discussions at the time amongst his coworkers were consistent with Shoemaker’s memorandum. (Silva Depo. at 223, 229-30). ‘ Silva also admits that the part-time classification came to his attention in either 1992, 1993, or 1994, when he submitted his application to the City of Charlotte. The City contacted him and advised him that FDLE informed it that Silva was classified as part-time through the City. (Silva Depo. at 160-62). Silva’s application for the City of Charlotte was signed in August of 1992. D. Evidence Related to Conspiracy and RICO Claims Silva admits that he has no knowledge as to whether the City had anything to do with determining how much UM would pay its officers or what benefits they would have. (Silva Depo. at 522). He also has no evidence that the City participated or assisted in writing UM’s policies or procedures, nor that they engaged in a scheme to profit in a plan that defrauded job applicants. Silva has not submitted any evidence that he may have obtained from the City or UM through the wires or mail. V. The Facts as They Relate to Allocco A. The Hiring Process Allocco worked in UM’s law library as a student in the work/study program from January 1991 until December 1992. In early 1993, Allocco responded to an advertisement in the Miami Herald, for a police officer position. (Allocco Depo. at 43). The advertisement said “Police Officer University of Miami”, but it told applicants to apply in person at the CGPD. (Allocco Depo. at 43, 106-07). Allocco went to the CGPD and picked up an application packet from CGPD Sergeant Marc Werbin. (Al-locco Depo. at 44). Allocco is the only plaintiff who applied to be UMPSD officer at the City. Although Allocco contends that he applied to be an employee and full-time police officer for CGPD, the videotape of his August 12, 1993 pre-polygraph interview shows otherwise. In this interview, CGPD Detective Whitley asks Allocco if he applied to any other policing agencies. Al-locco answers “no”, then adds, “I would have applied to Coral Gables, but Richard [Reynolds] and I only found out about it at like two days after the deadline for putting in the application.” (Allocco Depo. at 60, 297, Ex. 406). Additionally, on July 12, 1993, Allocco wrote to Sergeant Werbin, referencing “my application for University of Miami police officer.” (Allocco Depo. at 116-17, Ex. 243). Allocco testified that, during his background investigation, which was conducted by Werbin and CGPD Officer Herbst, Werbin explained that UM wanted more police officers than the City was willing to provide for budgetary reasons. In order to place more officers on campus, UM and the City entered into a contract whereby UM agreed to pay for the officers. (Alloc-co Depo. at 52-53; Werbin Deck at ¶ 11). Allocco was present when Werbin interviewed his mother and father during his background investigation. During this interview, Werbin mentioned to Allocco’s father that Allocco would be a City police officer assigned to UM. (AIlocco Depo. at 50). AIlocco then attended an oral interview with several individuals from UM and the City. Following these interviews, AIloc-co was given a conditional offer of employment, which was written on UM letterhead. This later stated, in pertinent part: Further, we reiterate that this conditional offer of employment is for the position of police officer with the University of Miami. Although the application/interview/selection process, post conditional offer process and swearing-in is primarily conducted by the City of Coral Gables Police Department, you are not being offered employment with the City of Coral Gables or its Police Department. As such, this conditional offer of employment does not create any express or implied contractual rights to any policy, procedures or benefits of the City of Coral Gables or the City of Coral Gables Police Department. (AIlocco Depo. at 122-25, Ex. 246) (emphasis in original). AIlocco signed an acknowledgment on page two of this conditional offer below a paragraph stating, “I acknowledge that I have received and read a copy of this conditional offer of employment for the position of police officer with the University of Miami.” (Ex. 246). AI-locco then proceeded with the final steps of the hiring process, including the polygraph mentioned above. Allocco’s official hire date was August 30, 1993. On that date, he completed a University of Miami Application for Employment. (AIlocco Depo. at 118-20, Ex. 245). This form confirmed Allocco’s at-will employment status by stating that “both I and the University have the right to terminate my employment at any time.” (Ex. 245). Following Allocco’s graduation from the police academy, he signed an Oath of Office, which stated that he was sworn as a “Regular Police Officer — University of Miami ... sworn-in for the University of Miami (part-time)”. (AIlocco Depo. at 132-35, Ex. 247). B. Allocco’s Knowledge of Differences Between UM and City Officers AJlocco knew that he received all of his pay and benefits from UM, and not the City. In fact, he received his W-2 Forms from UM, which listed him as an “employee”. (AIlocco Depo. at 156, Ex. 385). When he was hired, AIlocco swore to obey the City’s and UM’s rules and regulations. He received UM employee handbooks and acknowledged his obligation to become familiar with and abide by UM’s policies and rules, including UM’s Drug Free Workplace Policy. (AIlocco Depo. at 140-42). AIlocco received and read the full set of the CGSOPs immediately after he was sworn in in March of 1994, but he also received UMSOPs that pertained to UM policing issues not covered by the CGSOPs. (AIlocco Depo. at 71, 94). In November of 1995, the President of the FOP Lodge 7, the union that represented full-time City officers, advised UM officers that they could not join the regular union because of their part-time classification. (AIlocco Depo. at 514, Ex. 347). Rather, UM officers were eligible to join the associate lodge, FOP A, and obtain legal representation through their labor counsel. UMPSD officers AIlocco, Silva, Montalvo, and Esteves joined the FOPA, and AIlocco received legal assistance through the Labor Council in March of 1996. (AIlocco Depo. at 517-19). In addition to the differences in pay and benefits experienced by UM and City officers, differences existed in the type of equipment used by each department. In the Fall of 1995, Allocco and several other officers met with UM administrators, including UM President Foote, to complain that they did not have the same type of equipment as other City officers. (Allocco Depo. at 446-49, Ex. 353). On October 2, 1996, Allocco drafted a petition outlining the discrepancies in equipment, which was signed by eight UM officers. The petition stated, “As anyone can see, there are very large discrepancies between Coral Gables UM patrol officers and regular Coral Gables officers.” (Allocco Depo. at 446-48, Ex. 353). On July 1, 1998, Allocco attempted to apply for the City sergeant’s examination, but he was told that he was ineligible to do so because he was not employed by the City. (Allocco Depo. at 92-96, Ex. 417; Sours Depo. at 151). Allocco never inquired as to the promotion procedure for UMPSD officers. (Allocco Depo. at 98-99). C. Allocco’s Knowledge of Part-Time Designation Allocco claims that he was unaware of his part-time classification until 1996 or 1997, when he spoke to FDLE about the issue (Allocco Depo. at 83), but the part-time classification was clearly stated in the oath, which is quoted above, that Allocco signed in March of 1994. (Allocco Depo. at 132-35, Ex. 247). Additionally, CGSOP 28, which Allocco admits to reading when he was sworn; the 1996 revision to CGSOP 28; and an Internal Affairs (“IA”) report read by Allocco in 1996, all refer to Allocco’s part-time status. (Allocco Depo. at 71, 94, 248, 255, Ex. 17, 150). The IA report stated that UM officers “are sworn part-time police officers, who derive their authority from the City of Coral Gables Police Department.” (Allocco Depo. at 267-70). Moreover, former UMPSD Officer Michael Alicia, who worked with Alloc-co from 1994 until 1996, recalls Allocco complaining about the part-time classification. (Alicia Deck at ¶ 4). D. Evidence Relating to RICO Claims Allocco admits that, to the extent he received the documents that allegedly support his RICO claim, they would have been handed to him, placed in his box, or posted on the bulletin board. (Allocco Depo. at 476-96). Additionally communications to him by UM or the City were made either in person or placed in his UM mail slot. (Allocco Depo. at 469-71). Allocco recalled receiving updates of his application process by mail and one of his IA notices by facsimile. (Allocco Depo. at 469-71). VI. The Facts as They Relate to Fernandez A. The Hiring Process Fernandez worked for UM on two separate occasions. The first time, in 1982, Fernandez responded to an advertisement for a police officer position with UM, and he was hired following his completion of a UM application and the investigation process. Fernandez resigned in 1985, submitting a UM resignation form. (Fernandez Depo. at 165). Fernandez returned to UM in 1988. Like the first time, Fernandez completed a UM application, where he listed UM, not the City, as his prior employer. (Fernandez Depo. at 130-31, Ex. 166). B. Fernandez’s Knowledge of Differences Between UM and City Officers Fernandez knew that he received all of his pay and befits from UM. This is evi-deneed by his W-2 forms, which he received from UM. (Fernandez Depo. at 121, 208, Ex. 223). When he was hired, Fernandez swore to obey the City’s and UM’s rules and regulations. He received UM employee handbooks and acknowledged his obligation to become familiar with and abide by UM’s policies and rules, including UM’s Drug Free Workplace Policy. (Fernandez Depo. at 142, 151, 784, 796, Ex. 169, 175, 459, 461). Fernandez received the full set of the CGSOPs in February of 1992, but he also received UMSOPs that pertained to UM policing issues not covered by the CGSOPs. (Fernandez Depo. at 136-41). In 1990, Fernandez applied for a UMPSD sergeant’s promotion. He went through the process with other UMPSD officers, such as Gerlach. The process included the completion of a written examination for which Fernandez was given all the written materials to study. (Fernandez Depo. at 372-78). These written materials included the UMPSD Policies and Procedures Manual, UMSOPs, and a complete set of CGSOPs. (Gerlach Decl. at ¶ 9, Ex. 80). As a result of their successful completion of this process, Fernandez and Gerlach were promoted. (Christensen Decl. at ¶ 14). By 1991, Fernandez knew that UM officers could only do off-duty details on the UM campus (or UM related events), whereas City officers could do them throughout the City. Fernandez thought that this policy was unfair. (Fernandez Depo. at 304-09, Ex. 89). By 1992, Fernandez knew that he could not join the FOP, the union that represented the City’s full-time officers, because he was a UM employee. (Fernandez Depo. at 311-13, Ex. 234). Former UMPSD Detective Bart Pesa worked and was friends with Fernandez both times Fernandez worked for UM. Pesa recalls that he and Fernandez often discussed the differences in pay and benefits between UM and City officers. (Pesa Depo. at 32-33). They also discussed the differences in pension plans between the CGPD and UMPSD. (Pesa Depo. at 33-34). Additionally, Pesa recalls having conversations with Fernandez about their inability to transfer to the CGPD. (Pesa Depo. at 38). All of these conversations occurred, at the latest, in 1992 because Pesa left UM in January of 1993. (Pesa Depo. at 5). In early 1993, several UM officers left the UMPSD because of disparities in pay and benefits. In May of 1993, UM Vice President Liebermen held a meeting, during which the differences in pay and benefits between UM and the City were discussed. (Allen Depo. at 186-89, Ex. 23, 24; Garcia-Montes Depo. at 181-86; Silva Depo. at 320). According to plaintiff Allen, a comparison study outlining differences between the City and UM with respect to holidays, vacations, sick leave, and other matters was distributed. (Def.Ex. 23). UMPSD Clusman recalls that Fernandez attended the meeting because he looked at Fernandez with embarrassment when Silva became emotional about some of the issues being discussed. (Clusman Decl. at ¶ 21). Fernandez does not deny being at the meeting. (Fernandez Depo. at 423-33). C. Fernandez’s Knowledge of Part-Time Designation Fernandez received a copy of the UMPSD Policies and Procedures Manual in connection with his application for the sergeant’s position in June of 1990. (Fernandez Depo. at 378; Gerlach Decl. at ¶ 9, Ex. 80). He also acknowledged reviewing this document in June of 1990 when he was Todd Bleak’s Field Training Officer. (Fernandez Depo. at 727-34). These points are significant because the manual discusses that the part-time status limits UMPSD officers in making off-duty arrests and in carrying weapons off-duty. Fernandez received a full set of CGSOPs on February 24, 1992. Fernandez stated, “If it was issued and I signed for it, then I read it.” (Fernandez Depo. at 260). Again, this point is significant because CGSOP 28 classifies UM officers as “part-time” Coral Gables officers. (Def.Ex. 17). D. Evidence Relating to RICO Claims Fernandez admits that, to the extent he may have received any of the documents that allegedly support