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Demoted Sergeant Ordered Reinstated
By: Saku E. Ethir
of Lackie & Dammeier LLP
On June 29,
2003, a settlement was reached in the case involving Los Angeles School
District Police Sergeant Rodney Dalbey. Dalbey was terminated for
allegations of conduct unbecoming a police Sergeant, and dishonesty,
allegations that Dalbey wholeheartedly denied.
The
allegations stemmed from a September 21, 2002, incident during which
Dalbey was alleged to have, while off-duty, struck his girlfriend numerous
times at a Home Depot parking lot. Two citizens reported this incident to
another law enforcement agency, which responded to the location. The
girlfriend and Dalbey both admitted that they had a verbal argument at the
location in question, but both denied that there was ever any physical
abuse by Dalbey. Both never waived in their denials, despite inaccurate
statements, by the investigators, that video likely existed, or did exist,
of the alleged incident. In addition, the Department’s investigator
assigned to the case saw the girlfriend, in person, soon after the alleged
incident, and noted no visible sign of any injuries.
The alleged incident occurred in a busy Home Depot parking
lot, mid morning, on a Saturday. The two witnesses in the case reported
that they observed the incident from approximately thirty-five to forty
yards away. In addition, the statements by the two witnesses were
inconsistent with each other, changed several times during the course of
the Department’s administrative and criminal investigation (no criminal
charges were filed), and were essentially recanted by one of the
witnesses.
Despite all of the above, and numerous procedural violations
by the Department/ District, the Department/District elected to proceed
with Dalbey’ termination, alleging Dalbey struck his girlfriend on the
date in question, and was dishonest when he denied striking her.
Dalbey
appealed his termination to the Personnel Commission, and was represented
at his administrative evidentiary hearing by Saku Ethir of Lackie &
Dammeier LLP. On June 29, 2004, following three (3) days of hearing, and
in the midst of the Department’s case-in-chief, settlement discussions
were entered into. The Department/District agreed to reinstated Dalbey to
his position with the Department, with a suspension. As part of the
settlement, the District withdrew the dishonesty allegation, and the
allegation that Dalbey struck his girlfriend, and instead agreed to an
allegation of conduct unbecoming (based on the verbal argument which
resulted in the response of another law enforcement agency). In addition,
the District/Department agreed to pay Dalbey approximately twelve months
of back pay.
Dalbey would like to thank the Legal Defense Fund (LDF), the
Los Angeles School Police Association, and his attorneys at Lackie &
Dammeier LLP for their support.
About the author, Saku E.
Ethir is an Associate with the law firm of Lackie & Dammeier LLP who
represents Police Associations throughout California in discipline and
negotiation matters.
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