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To be or Not To Be...

Posted on Mon Sep 11th, 2017 @ 1:17pm by Commander Mercia Kavi & Emmah [Kavi] & David Hawkins

Mission: Returning Home (Shore Leave)
Location: Senior Conference Room - U.S.S. Gladiator-A

/// ON ///

The Gladiator hadn't been in the system with Deep Space 13 for more than a day before Emmah had informed David of a transmission from Earth. Talk about an emergency. He had taken the secure call the night before in the middle of the night. Now he found himself dragging and dreddjng anything that resembled being a commanding officer. Especially at this point and time.

"Emmah, are the Conference Room holo emitters functional?" David asked as he looked over the pads before him as he sipped the coffee between the page turning on the different documents.

Emmah looked up, pausing for a moment to check with Gladiator herself. "Yes sir," she said.

"And how long until Commander Kavi arrives?"

After another pause Emmah smiled, "I believe she will enter through the door in a few moments." she said. "She is in the lift currently." Emmah reported.

Hawkins looked at her and paused for a moment as he had to remind himself that the woman before him was not human but a computer program. In a way, Gladiator was an extension of her body... or was it the hologram before him was an extension of Gladiator? She wasn't just a computer program to him at all. He really wasn't sure if they could even see their lives without her anymore.

"Thanks Emmah," he spoke up as he sighed before taking another sip. "Do we know how long until the Engineering Corps specialists will arrive for them to do their thing?"

Emmah tipped her head, "I am sorry sir, I am unaware of any projects that the Engineering Corps are planning. Lt. Commander Halen did not submit a project plan to your office, or has it not passed through my filters yet?" she asked. She was trying to live as real as possible, that means while she knew or could access almost any thing, soemtimes she didn't know.

"I'm referring to the Borg ship and it's technology. That way our ship and the task force can move it," he explained simply.

"Oh!" Emmah said and smiled again, "Apologies." she paused. "They are on target for arriving in 8 hours, 3 minuets." she told him. "And then we will be prepared to receive our next mission." she said.

"Grand..." he sighed as he wasn't looking forward to having to deal with yet another mission. Deep down, he was starting to get tired of the orders from above assigning them their next mission, or order. Retirement was looking better and better, but being assigned with that ship and her crew, it made things easier to handle, to say the least. Almost enough to live life.

Mercia strolled in to the conference room, looking put together in her crisp uniform, her blond hair swept up in a loose bun behind her head. She had light make up on, as was allowed by regs. She smiled seeing how relaxed Hawkins was. "You told me to show up for a holo meeting with the brass, and you're just going to sit there with your feet up?" she smirked as she came to his side and set her tablet down

"Does it look like im sitting down?" Still standing over the Padds, he looked at her questionably before finally shrugging it off and shaking his head. "You know me all to well. What took you so long?"

"I live for irritating the brass and making you clean up the mess." she said with a bit of a shrug. "As for what took me so long, your little friend down in the medical bay gave me an earful about the duty rotation adjustments I made. I need some of those people for training, so he can shove it up his ass." she grumbled.

Lizzy had been in her office doing a review of the recent counselling appointments, and sending off some notices to some people for reminders, when she had been called to head to the conference room, dressed in a duty uniform without any stupidity.

For once, she had decided to follow that since it sounded rather formal. Arriving shortly after putting on a uniform that matched the requirements, Lizzy smiled, "G'Day, I'm here as asked for. How can I help you out?"

A long sigh escaped the Captains lips before he looked up at the counselor. "Well, we have a holomeeting with JAG and it's about you."

Emmah looked up from the padd she'd been looking at, "Connection set Captain, holos activated in ten seconds."

Quickly, Hawkins handed a pad over to Lizzy before he waved both ladies to the head table In the room facing the longer table where the other senior and junior officers sat. "For thus, we are to stand at attention as it's their final judgement. Lizzy, you may dispute the following claims against you, but for now, they are holding true to what they are about to announce. I know this is thrown at you from left field, but it's the first for us knowing of these complaints too. Just stand at attention when called to and answer whatever they have. Do you understand?"

Lizzy nodded, "Aye, okay. But if this is the first time, it isn't final."

He could tell this was overwhelming and he felt the same way.

"Emmah, engage holo emitters and connect to DS7s long range communications systems," the captain ordered as he and the two ladies stood side by side in front of the table they normally sat at.

The holograms sprung to life, then solidified in the room, showing a panel of stoic faces, both young and old, male and female, human and alien, well mixed in the group, and all of them in crisp uniform.

"Captain Hawkins, Lt. Commander Caldera, Commander Kavi, and... Emmah?" a young woman said standing from her table and looking over the holograms in front of her from the conference room she and the panel were in. "This is a formal review regarding the complaints raised against Lt. Commander Elizabeth Caldera, Chief Counselor on the USS Gladiator-A.

"I am the Prosecutor, Lt. Tygran St. Luz." she stated. "Lt. Commander Elizabeth Caldera has over the course of the last four years received the following formal complaints:

"16 complains of public nudity
8 complaints of unprofessional behavior and misconduct.
6 complaints of sexual harassment
36 complaints of uniform code violation
4 reports of destruction of starfleet property, while destroying or misplacing starfleet weapons while on away missions, resulting in revocation of away team qualification.
and 2 reports of operating an illegal black market on board a starfleet vessel"

Tygran looked up at the three officers, and one aide looking back at them, "This meeting is to notify you that an official investigation has been launched against you Lt. Commander Caldera. Your superior officers were notified this morning of the investigation, and its results. You may respond now." she said flatly. She looked at the panel, the protections on this officer were fading with the retirement of those who brushed off the complaints and worked with Captain Hawkins to hide them. She was out for Hawkins too, but that was coming later.

Lizzy nodded, "Okay. What you may not realise is that I was alerted to these charges earlier with a suggestion to keep it quiet and not tell anyone - which I felt bad about but had to. So, I have had time to prepare. I have Captain Grace Maddock from JAG, who is my legal counsel. Emmah, can you please open the channel for her now?"

A few moments later, an extra hologram appeared, and the Vulcan-Orion lawyer appeared, "Hello, Lt St Lutz. You, for one, should know that Lt Commander Caldera should have had counsel. You should remember that from all the times I told you, and is a breach of due process."

Turning to Lizzy, Grace smiled, "Do you want to start or should I?"

Opening up the datapad she had brought, Lizzy checked it, "I would like to - You made good notes. If I say anything wrong, please correct it, and chime in as needed. Lieutenant St Lutz, you can take the uniform code violation part and strike it right about now. Since Starfleet Counselling started, this department has had discretion in uniform choice due to the job we have - uniforms can be confronting and stop counselors doing their job. Since I have not been informed differently, then those don't count. If you want to dispute that long history, expect Admiral Dokan, the head of Starfleet Counseling, to be giving you a call. And he is part Klingon."

Grace added, "I have him on speed dial, and his message earlier said that he was in his office for the day and would be.. perfectly willing to extend an orifice in your anatomy if needed."

Lizzy continued, "On some of those charges, I would also like to warn you that Counseling records are considered privileged and even lawyers do not have access to them, and the Admiral takes that quite strongly. I got a long speech from him before I started working here about that - he does it for anyone taking a chief position."

Grace nodded and stepped in for the next part which had a legal meaning, "Elizabeth, could you please explain the exact nature of the storage for the USS Gladiator-A's counseling records?"

Lizzy replied, "For this ship, they are only located on an Intelligence-grade computer core with no remote access, and are covered under extensive privacy regulations that Starfleet is bound to under its charter with the Federation."

Grace smiled, "Have been any formal legal requests with legal subpoenas?"

"No, there has been no requests for information."

Grace turned to the prosecutor, "There has also been no formal charges to Security about sexual harassment in the Gladiator security records which I checked nor Lt Commander Caldera's. So you have no evidence for the unprofessional behavior, misconduct or sexual harassment. Making up false charges is legally useless and could be considered fraud. You may continue, Lt Commander."

Lizzy continued, "For the black market transactions, none of the transactions were done on any Starfleet vehicles. Also, I was reprimanded for those and I have stopped."

Grace stepped in, "By Starfleet's double jeopardy regulations, you cannot punish twice. Also, if you check the Starfleet regulations on away team duty, you will find that loss of equipment for any reason on away team missions is classed as collateral."

Lizzy added, "I did not actively destroy anything other by regular use or loss. So you can remove those too."

Grace smiled, "In that case, what I see is you have left is 16 complains of public nudity. Which are minor charges, and I have talked to the head of Starfleet Personnel this morning, Admiral Link, on behalf of my client and he has approved a recommended reprimand of reduction in rank by one level which will go through in about an hour or so. So, those charges now come under double jeopardy too."

Grace asked, "Which you will find is that you now have zero charges left. Your turn."

She walked over to a chair and sat down, smiling like the Cheshire Cat.

Lt Luz smirked, "Very nice try. While some of your points are valid they are listed for the record and history of misconduct. You have been reprimanded for your illegal activity, and while you can not be punished for them again, it is still a part of your record of misconduct." she said.

Grace spoke up, "This case is about specific charges and you have no authority to add any extras, Prosecutor. Stay within your purview. This is a formal legal proceeding. Elizabeth has authorised the release of some records from her own Counselling records - which I am now entering as Defense Exibit 3. Starfleet has known about her activities since the Academy and how it is an addiction which is being treated. Under Starfleet Regulation 64-29-72-Alpha, psychological issues cannot be used to build a JAG case when there is a record of corrective treatment. Elizabeth has kept a record of her transactions per her treating psychologist, Lieutenant Drewson of Starbase 6, who is willing to testify."

"As for sexual harassment claims, they do not have to go through Calderas office, NOR Gladiators security office. Do not cheapen the JAG process by accusations of making things up. I am just the relayer of information. I will say that non of the complaints stated there were propositions or pressure for sexual contact, however each person who issue Std a complaint stated that flagrant nudity made them uncomfortable, and since public nudity is a violation, the complaints were filed." she continued. "These complaints were issued, and statements collected from the persons who issues the claims directly through the JAG office, of which you, none of you, would have no access to. No one has requested counseling notes, and will not be requesting those. Classified information of counseling records are not in question here." Lt Luz narrowed her eyes at Elizabeth, "So your destruction attempt and threats mean nothing. This counsel is not intimidated by them."

Grace spoke up, "Lieutenant Putz, they are false accusations based on your own evidence. I have also checked the JAG office records - which I do have access to as part of my role in JAG and as part of discovery for this case. I reviewed the statements of those complaints as well. Half of them were retracted, a quarter were investigated & marked as fabricated and one of the complainants was transferred off ship due to being unfit for ship duty & shows disgruntlement - along with currently serving time in the New Zealand Starfleet Penal Facility due to serious mental problems and some rather outrageous behavior with a turnip & a security officer. They are also invalid because of double jeopardy."

"As for the uniform violations, let me be clear. Counselors are permitted Casual Duty Attire, but are still required to wear attire, as stated by Starfleet Code of Conduct. And Casual Duty Attire must be approved by ships command. The Command of a vessel may, at their discretion, require their counselors to wear proper duty uniforms. The ships computer has logged 36 times in which Counselor Caldera was wearing nothing, but a holographic version of clothing, On duty, which was not approved by the Captain, David Hawkins, of the USS Gladiator." Lt Luz said turning to the panel of people for a moment. "There is a clear difference in wearing whatever you choose, or not in this case, and wearing comfortable, colorful, but within reason clothing which allows for a more success in performing her duties." she stated.

Grace added, "Defence Exibit 4. a formal complaint by the Betazoid government for 'racial profiling'."

Lt Luz turned and strolled over to Mercia. "Commander Kavi, your reports indicate that you recently have revoked counselor Calderas clearance for away missions. Care to explain why?" she asked.

Mercia took a deep breath, she hated this, but she couldn't lie. "I determined that Counselor Caldera would refuse to follow orders while on away missions. She had an alarming number of missing clothes, a number of actions which resulted in crew members around her being harmed, and an alarming number of issued technology going missing. I determined that she needed some time to receive extra training before going on away missions again. I will note that I DID take her on our last away mission."

"Noted." Lt Luz said. She picked up a Padd and displayed a report on the screen, which popped up for them as well. "Commander Kavi will you read your comments regarding counselor Caldera after the mission in which you rescued the children on Memphis Island."

Mercia blushed a bit and looked at David before she looked back at the screen. She licked her lips, knowing that Elizabeth was reading it as well. "Counselor Calderas erratic behavior is a danger to the USS Gladiator and her crew. Her flagrant disregard for orders, and refusal to physically defend not only herself or her team mates makes her a liability. After her admittance to throwing her phasor into a pond because she does not like weapons has caused me to revoke her away team status. Not only is it dangerous as someone could retrieve the missing item, and use it for harm, to themselves or others, but it is also flagrant destruction of Starfleet Property, which is an arrestable offence. She is not mentally prepared to be a part of the team. When confronted with difficult situations she is less a counselor, and more of a stirrer of the pot, often resulting in me needing to perform damage control with those in power we are trying to work with. I can not trust Counselor Caldera to conduct herself as a member of Starfleet or as a reliable diplomat and representative of the Federation. Her away team status is hereby revoked for the time being.... But as I said I took her on the last mission." Mercia argued.

"None the less, this report and the complaints sent to JAG, and Gladiators own logs, as well as her record proves a history." Lt Luz said. "It proves that she is not capable of performing at the level her rank allows." She turned to look at Hawkins. "You may speak now."

Grace had been tapping some notes on a datapad before speaking, "One moment, Captain. Elizabeth is currently undertaking training for away team status - Defence Exhibit 5. So have you finished ranting and baseless accusations, Lutz? I have entered a video copy of this proceeding into a formal complaint to the head of JAG Oversight for breach of JAG process. We already stated that reduction in rank has been authorised by summary judgement. Check your datapad for directions from Admiral Kellings, deputy chief of JAG. They should be arriving in a few moments."

There was a beep from a datapad on the desk and she smiled, "That should be it. You have already done your slapping and we are not disputing the remaining ones."

"That is enough," an older man called out that sat in the center of the JAG officers. He was one of the leading members of the counsel before them. He raised a hand and closed his eyes to clear his thought process before speaking up. "This back and forth is to be held at a later date if and when needed. This counsel is here to hear the charges and give the members in question, the chance to hear what is being held against them. It is obvious that there has been some complaints, and highly questionable issues with Counselor Caldera and her career on Gladiator.

"But this can easily be handled at the proper chain of command," The leading JAG member wrapped up as he raised his hand to David as a gesture of freedom to speak at last."

This made David take a deep breath and nodded in respect to the holographic members, especially the elder. "It all comes down to this. I demote you, or we, as your command staff gets the brunt of this. No lawyer can fight this as it all falls before us," He paused and looked around the room, as he knew what this was all leading to and quite honestly, he had only himself to blame. "As part of Starfleet, we are held to a certain standard. We are to follow those rules outlines in the Uniform Code of Starfleet Command. Counselor, your history of violoation and your inability to hold your primary promise to defend your fellow Starfleet members with weapons. That being said," he turned back to look at the council. "I request that JAG approve the following. That all charges be transferred to be under her direct chain of command."

"And if it were to be done, what actions will you be taking to rectify the situations in question?" The elder JAG officer asked questioning the request.

"For starters," David turned to look at Lizzy, before answering. "If the Counsel allows, it will start with a demotion in rank and a six month probationary period with a special request of her counseling license."

Judge Corlano, the elder Jude sighed slightly as he looked at his co-counselors who nodded in approval. "This can be acceptable actions for this time as most of this breaks Star fleet requirements for our personal, but not all charges will go away. The sexual harrassement charges will require a full investigation non the less. All other charges fall under the proper chain of command to handle. Are their any objections from the prosecutor, or the defendant and her counselor?"

Grace looked to Lizzy, who smiled, before she spoke, "No, I have no objections and neither does Elizabeth."

"Then I call this session to a close," the Corlano spoke up as he raised a hand and looked at the group before pointing to Hawkins. "Captain, submit the paperwork and disciplinary actions to this office and for this case to clear such filed concerns to a close. The Harassment charges will have a complete investigation, which may take up to six months. Investigators will be dispatched to Gladiator within a couple weeks. So make sure to prepare as required."

David simply nodded as he felt the eyes of the administration falling on them once again. "We will be ready for them, sir."

With that, the counsel and JAG members stood. As they did, the holographic members dissipated and left the room only to Emmah, and the three Gladiator officers. A small silence was over the room before, finally, David turned to the counselor. "... I just saved your career... You are welcome, Lieutenant..." Captain Hawkins stated bluntly almost to irritated to give any other remarks before he stepped away and out of the room.

Later after the session, a message was recieved in the Gladiator computers for Captain Hawkins, Commander Kavi and Lt Caldera from Captain Grace Maddock,

[About those sexual harrassment charges, St Lutz's evidence looks to be very shaky even according to the head of JAG, but still needs to be investigated, sorry. However, there is currently a witch-hunt going on about why the cases were brought forward despite being breaches of JAG regulations. More to come. Don't piss off Admiral Link. Grace.]


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