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Terminated Ontario Police Officer Reinstated
By Saku E. Ethir
Lackie & Dammeier LLP
Fred
Ruiz was terminated from the City of Ontario Police Department in January
of 2003. At the time of his termination, Ruiz had been an officer with
the Ontario Police Department for approximately seven (7) years. An
investigation of Ruiz resulted in sustained allegations, which included,
neglect of duty and dishonesty.
The Department alleged
that, on or about October 2002, Ruiz, after being dispatched as a backing
officer to two calls, outside of his beat/sector, Ruiz advised dispatch
that he was “extended”, but failed to immediately respond to the calls.
Although the handling officers ultimately canceled Ruiz from the calls,
the Department alleged that Ruiz was dishonest to Dispatch, as well as the
handling officers, when he indicated that he was “extended”, but failed to
move from his location. Ruiz, during the investigation, admitted that he
did not immediately, move from his location but added that in his
experience, almost always, if an officer were dispatched to a call outside
of their beat, as a backing officer, the handling officer, or dispatch,
prior to the backing officer’s arrival at the call, would cancel the
backing officer. In fact, evidence was presented to the administration,
prior to Ruiz’ termination, that a practice of officers not immediately
responding to calls outside of their beat or sector, despite advising
dispatch that they were enroute, did exist. Ruiz appealed his
termination, where LDF Panel attorney Saku E. Ethir of Lackie & Dammeier
LLP represented him, at arbitration.
With a total of
approximately fourteen (14) witnesses subpoenaed by the City and the
Appellant, it appeared that the Arbitration could span five or more days.
During the first day of Hearing, the City began and concluded presentation
of its case by calling the former Chief of Police and the Investigating
Sergeant. The Chief admitted that when the investigation was initially
submitted to him, it did not include an allegation of dishonesty, but that
he directed the investigating Sergeant to add the allegation. In
addition, the Chief further admitted that other officer(s) approached him
during the Ruiz investigation and advised him that it was “common in
practice” for officers to indicate they were enroute to a call, when in
fact they were not. The Chief admitted that he did not initiate an
investigation into those officers for dishonesty, nor were any other
officers disciplined.
On Day 2 of
Arbitration the Appellant began presentation of evidence via witness
testimony. Witnesses included a dispatcher who testified that other
officers had indicated they were enroute to calls and not moved from their
locations, supervisors were advised, and no investigations or discipline
resulted. Other witnesses testified it would not be uncommon for an
officer to advise he or she was enroute or extended and not technically be
enroute or extended. Further, additional testimony by witnesses confirmed
that backing officers were almost always cancelled from calls outside of
their beat or sector.
After the testimony of
several Appellant witnesses, but with numerous witnesses to go, the
Arbitrator, Sarah Adler, asked to speak with both counsel’s outside the
presence of their clients. The Arbitrator advised the City’s attorney
that based on her extensive experience in police cases; she did not
believe this case to be one of dishonesty. She indicated that she felt
the City/Department had reacted too quickly in moving forward with
termination and suggested that the parties enter into settlement
discussions. Settlement discussions ensued over the remainder of the day
and resulted in the reinstatement of Officer Ruiz to his position of
Police Officer with the City of Ontario, and the elimination of the charge
of dishonesty. Ruiz is very thankful to the officers who assisted him in
his hearing, his attorneys at Lackie & Dammeier, and the Legal Defense
Fund who all stood with him through this very difficult time and process.
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