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CITY PAYS POA LEADER $426,000.00 TO SETTLE RETALIATION LAWSUIT
By: Dieter C. Dammeier
Lackie & Dammeier
Before becoming a full time officer, John Crook was a reserve officer for the City of San Marino for almost three years. When the City hired Officer Crook in a full time capacity, effective January 4, 1999, he was sent to "Module D" academy training to supplement his reserve training and obtain a Basic Academy Certificate. This required Officer Crook to work 20 hours per week in patrol while attending academy training the other 20 hours a week for a total of six months. With a hire date of January 4, 1999, Crook reasonably understood that his 18-month probationary period would end July 4, 2000.
In July of 2000, Officer Crook was the lead negotiator for the San Marino Police Officers Association in its negotiations with the City. Negotiations became adversarial and the parties were unable to reach an agreement on salary and benefits. During this time period, Chief of Police Arl Farris was attempting to pressure Crook into accepting the City's proposal. The Chief also directed Crook to not do "anything that would embarrass the City, such as picketing." Further comments were made by Chief Farris expressing that "people are on probation and they are at-will employees which they should keep in mind if they are going to take part in embarrassing City Management." Of course, Crook did not think this referred to him since he believed that he was off probation on July 4, 2000. Later that month, a Lieutenant informed Crook that the Captain indicated that Crook was still on probation. Without Crook's knowledge, a Notice of Appointment, dated August 14, 2000 was placed in Crook's personnel file changing his date of appointment to Police Officer from January 4, 1999 to July 21, 1999.
Negotiations heated up further in August and September 2000. Crook drafted a "Citizen Survey" which was critical of management practices of the City and the Police Department. The survey was mailed to all San Marino residents and received in their mailboxes on September 19, 2000. As expected, numerous residents called the City to criticize its management policies. On the same date that the survey hit mailboxes, Crook was ordered by a sergeant to change an overtime card he had previously submitted. The sergeant informed Crook that "they want you to fill out a new overtime slip with a start time other than 0730 hours." Crook, knowing he arrived to work between 0730 and 0740, changed the start time to 0740 hours for the special detail he participated in. On September 21, 2000, the "Citizens Survey" was published in the San Marino Tribune. That very day, Crook was summoned to the Chief's office and informed he was on administrative leave purportedly for falsifying the overtime card. On September 25, 2000, Crook was notified that he was being terminated as a "probationary" officer and that he had no right to appeal.
Represented by Dieter Dammeier of Lackie & Dammeier LLP, the SMPOA and Crook vigorously litigated the clear injustices which faced Crook. First, a Writ of Mandate was sought in the Pasadena Superior Court in regard to the City's mislabeling of Crook as a "probationary" officer. The Superior Court sided with Crook in holding that Crook was a tenured officer not on probation at the time of his termination. As a result, the Court ordered Crook reinstated with fullback pay. In order to avoid the Court's order, the City filed an appeal.
Lackie & Dammeier than filed a Federal Civil Rights lawsuit in Los Angeles Federal District Court alleging retaliation for Crook's union activity and exercising his freedom of speech (the Citizen Survey). The City attempted to get out of the case by making a motion that the Federal Court abstain from the matter since the issue was being litigated in the Court of Appeal in State Court. The Federal District Court denied the City's motion. The City then requested that the case be "stayed " pending the State Court's decision. Again, the District Court denied the City's motion. The Court concluded that the State Court proceeding was focused on the determination of whether Crook was on probation and his right as a tenured officer to an administrative hearing. In the federal case, it was his civil rights which were being litigated.
With the Federal Civil Rights case trial date rapidly approaching and the Court of Appeal case pending a decision, the City requested mediation in an effort to settle the matter. After two days of mediation, it was agreed that the City would pay Crook a total of $426,400.00 to cover lost past and future wages. It is important to note that as a result of Crook's actions in negotiations that garnered public support, SMPOA ultimately received substantial increases in salary and benefits at the negotiating table.
About the Author: Dieter C. Dammeier of Lackie & Dammeier represents police associations in Southern California and has litigated numerous retaliation cases for POA leaders.
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