 |
PORAC Article
Terminated Police Officer Reinstated After Thirteen Months
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 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 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 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 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.
|
