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Montebello Lieutenant Settles Retaliation Lawsuit
By:Dieter C.
Dammeier
Lackie & Dammeier LLP
Don Ramos, a 28-year
veteran of the Montebello Police Department has significantly increased
his retirement fund as a result of retaliatory action taken against him by
his employer, the City of Montebello. In November of 2002 Ramos sent
correspondence to Montebello Councilperson William Molinari. This letter
discussed a number of issues Ramos felt was problematic in the Department,
including staffing levels, excessive caseloads of detectives he was
supervising, and the overall negative impact on the detectives ability to
function under such manpower shortage. This letter was in the backdrop of
the City Council removing a detective position to be devoted only to
graffiti.
Although Chief of Police Garry Couso-Vasquez was shown the
letter by Ramos prior to it being delivered to the Councilperson and did
nothing to dissuade Ramos from sending it, he later claimed the letter was
“disrespectful and inappropriate.” Ramos’ opinion was not well taken by
Molinari who responded by complaining to the City Administrator and Chief
of Police about Ramos’ “disrespectful tone” in the letter. The Chief then
initiated an internal affairs investigation in regard to Ramos “violating
the chain of command.” Even though the Chain of Command in the
Department’s Policy does not include a councilperson and the fact that
Ramos showed the letter to his captain and police chief prior to
delivering it to the councilmember, he still received a Written Reprimand
for violating the Chain of Command.
This apparently was not
enough retaliation for Ramos expressing his opinion, so a plan was devised
to create a lieutenant position for the Personnel and Training Division
supervising one corporal and one civilian. Although Ramos had no
experience in this position, the Chief claimed he was the best qualified.
The Chief did not bother to ask any other lieutenants if they desired the
position including a Lieutenant who as a Sergeant previously supervised
the unit. The Chief summarily transferred Ramos to the newly created
position to supervise two people from his current position as Detective
Lieutenant where he supervised 23. Understandably, the other Department
personnel saw this as a demotion and form of retaliation for Ramos
exercising his opinion.
Lackie and Dammeier, who represents the Montebello Police
Officer’s Association, filed on behalf of Ramos a civil rights lawsuit
against Chief Garry Couso-Vasquez, the City Administrator, Richard Torres,
Councilperson William Molinari, and the City of Montebello. The lawsuit
alleged retaliatory action for Ramos exercising his right of free speech
on matters of public concern. After discovery in the case, a clear
picture of retaliation was established. Summary judgment requested by the
City to dismiss the case was denied. The Court concluded that Ramos’
letter to the City Councilmember was free speech protected by the
Constitution and therefore if the jury was to find that the written
reprimand or punitive transfer was a result of such speech, the Defendants
would be liable.
Given the evidence, the City was a well aware of its slim
chances at trial. The Defendants agreed to subject themselves to a Court
Judgment for $150,000 in the favor of Ramos in order to avoid trial in the
matter. Because Ramos did not lose any income as the result of the
transfer it was unlikely that a jury would have awarded Ramos much more
than the $150,000 judgment he accepted. Ramos was aware of the limited
value of his case when he started it however felt compelled, on principal,
to bring the City’s retaliatory action to light and create a disincentive
for such further retaliation to other employees in the future.
About the author, Dieter C. Dammeier is a partner with the law firm of
Lackie & Dammeier LLP whose firm represents Police Associations
throughout California in disciplinary and labor matters.
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