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Terminated Los Angeles County Coroner Investigator Reinstated
By Saku E. Ethir
Lackie & Dammeier LLP
Los Angeles County
Coroner Investigator Robert Fierro was terminated from the Los Angeles
County Department of Coroner in February of 2003. At the time of his
termination, Fierro had been an investigator with the Department of
Coroner for approximately 16 years. Coroner Investigators with the County
of Los Angeles are peace officers, who plan and conduct investigations for
the Department of Coroner, to determine the jurisdiction, circumstances,
manner, and cause of death. An investigation of Fierro resulted in four
sustained allegations which included, violation of the County’s policy
regarding sexual harassment (which included the use of profanity on duty),
violation of the County’s Internet policy, violation of the Department’s
attendance and work hours policy, and failing to make productive use of
County resources (a County vehicle). Coroner Investigator Fierro appealed
his termination to the Los Angeles County Civil Service Commission, where
he was represented, at Hearing, by LDF Panel attorney Saku E. Ethir of
Lackie & Dammeier LLP.
With a total of
approximately 20 witnesses subpoenaed by the County and the Appellant, it
appeared that the Hearing could span five or more days. During the first
two days of Hearing, the County began presentation of its case. Evidence
was presented regarding the County’s attendance policy. Fierro, during
the investigation, admitted that supervisors had permitted Investigators
to “flex” their time. That is, if an investigator worked over his or her
normal end of watch time, instead of putting in for the overtime, he or
she could come in late or leave early on a subsequent day. The
Department’s investigation, as well as witness testimony, showed that
employees of the Department of Coroner referred to this as “cuff time.”
Department supervisors testified that in fact, “cuff time” had been a
practice at the Department for many years. Although some testified that
the practice had been discontinued, no specific date could be provided as
to when, and no witness was able to provided documentation, or any other
evidence, to prove that the elimination of the practice had ever been
communicated to Fierro. In fact, the evidence demonstrated that Fierro,
and other investigators, had received permission from their supervisor to
utilize “cuff time.”
As to the violation of
the County’s Internet policy, Fierro admitted during the investigation to
using the County Internet for non-departmental purposes, but it became
apparent that Fierro was being treated in a disparate manner. A Captain
admitted on cross examination that she utilized the County Internet for
non-departmental purposes, in violation of the County’s policy, had been
told by the Chief to stop, yet continued the behavior. The Captain
admitted that no discipline, as of that date, had been imposed against
her. In a parallel case, the Chief of the Department of Coroner also
admitted to violating the same policy, and further admitted he had
received no discipline. Additional testimony further demonstrated that
other employees, violating the same policy, had simply had their Internet
privileges revoked for a period of time, and then reinstated.
In addressing the sexual
harassment allegation (an allegation denied by Fierro), the County was
only able to do so with hearsay testimony, as the alleged “victims” of the
harassment refused to appear to testify and refused to cooperate with the
County altogether. The witness, called by the County to support the
allegation’s that Fierro used profanity while on duty, while on
cross-examination, admitted that she uses profanity at the Department,
while on duty. She further admitted that profanity, and/or vulgar
language, is common, if not heard on a daily basis, at the Department (not
however in the presence of the public). It was a tool used by employees
to blow off stem, due to the duties they perform.
After only two days of
Hearing the County, who’s next witness was the decision maker in this
case, (the Director of the Coroner’s Department), requested to end the
Hearing early. That request was granted by the Hearing Officer. On Day 3
of the Hearing, prior to the start of testimony, the County approached
Appellant, and this author, with an offer to settle the matter. The more
serious allegations of sexual harassment and violation of the County’s
attendance policy were removed, and Fierro agreed to a minor suspension
for the remaining less serious allegations. Fierro has been reinstated as
a Coroner Investigator with the County of Los Angeles County Coroner’s
Department, with approximately eight months of back pay. Fierro is very
thankful to his attorneys at Lackie & Dammeier, the Legal Defense Fund and
the Los Angeles County Police Officers’ Association who all stood with him
and supported him throughout this very difficult time and process. |
