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PORAC Article
Terminated Police
Officer Reinstated
By: Saku E.
Ethir of Lackie & Dammeier LLP
On June 29, 2003, a settlement was reached in a
case involving Los Angeles School District Police Officer Rodney
Williams. Williams was terminated for allegations of conduct unbecoming a
police officer, and dishonesty, allegations that Williams wholeheartedly
denied.
The allegations stemmed from a September 21,
2002, incident during which Williams 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 Williams both admitted that
they had a verbal argument at the location in question, but both denied
that there was ever any physical abuse by Williams. Both never wavered in
their denials, despite inaccurate statements by the investigators, that a
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 Williams’ termination,
alleging Williams struck his girlfriend on the date in question, and was
dishonest when he denied striking her.
Williams 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 Williams to his position with the
Department, with a minor suspension. As part of the settlement, the
District withdrew the dishonesty allegation, and the allegation that
Williams 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 Williams approximately twelve months of
back pay.
Williams 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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