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POA Leader Settles Retaliation Lawsuit
By: Dieter Dammeier
Lackie & Dammeier LLP
The
Azusa Police Officers Association and one of its Directors Louie Hernandez
recently commenced litigation against Azusa Chief of Police King Davis for
retaliation. In addition to being an association leader, Hernandez was
well respected by his fellow officers and was vocal in his concerns of
certain actions taken by the Chief of Police. From time to time, at
Department meetings, Hernandez would ask hard questions that the Chief
would become visibly upset at. These questions included whether more
grant funds could be utilized to supplement the patrol force and if Chief
Davis was seeking employment elsewhere.
Given Officer
Hernandez’ work ethic, performance, and respect by Department supervisors
at the Department, there was little that Chief Davis could do within the
Department to retaliate against Hernandez. As such, it became apparent
that Chief Davis devised a scheme to impact Hernandez at his secondary
job. Hernandez, in his off duty time, was an instructor at the Rio Hondo
Police Academy. Chief Davis contacted the academy director and came up
with a novel idea that anybody providing instruction from police agencies
at Rio Hondo should have a letter of endorsement from there chief of
police. Davis, in recommending such a requirement, clearly knew that
since he would not provide Hernandez with such an endorsement letter, the
end result would be Hernandez ceasing continued employment at the
Academy. Since Azusa was a client of Rio Hondo Academy, the academy
director acquiesced to Chief Davis’ request and began requesting letters
of endorsement from police chiefs for the academy instructors. Not
surprisingly, when Hernandez made inquiry to the Chief in regard to
obtaining an endorsement letter, he was denied. Hernandez obtained
letters from supervisors in the Department including his captain, however
the academy still demanded a letter from his police chief to continue
instructing at the academy.
Hernandez, in
attempting to avoid litigation, made one final attempt to obtain a letter
from Chief Davis, meeting with him and his Captain. Chief Davis during
this meeting could come up with no legitimate reason to deny Hernandez the
letter but simply commented that he did not want Hernandez “bad mouthing”
the Department at the Academy. Having no choice, Hernandez contacted
Lackie & Dammeier who in turn initiated civil litigation against Chief
Davis on behalf of the APOA and Hernandez for retaliation. The City
Manager, upon reviewing the case and speaking with supervisors and the
command staff at the Department, took swift action to correct the
injustice done to Hernandez. As a result, the City compensated Hernandez
for lost wages as a result of not working at the Academy, paid the APOA’s
attorneys fees and provided a letter of recommendation signed by Chief
Davis. Hernandez, who was understandably concerned and troubled by this
experience, was thankful for the unanimous support he received from his
fellow officers at Azusa who came to his aid during this period.
About the author,
Dieter C. Dammeier is a partner and LDF Panel Attorney with the law firm
of Lackie & Dammeier, representing Police Associations in labor and
disciplinary matters throughout Southern California.
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