An independent arbitrator blasted Monterey Park Police Management for their decision to suspend a veteran motorcycle officer for parking his department motor on a 12' wide sidewalk. After a four 4 day hearing the arbitrator found that the Department's two day suspension was "clearly unreasonable, if not arbitrary and discriminatory, and therefore constitutes a deprivation of just cause." The Officer was represented by Andrew Dawson with the law firm of Lackie & Dammerier.

                                                         Background

          On June 30, 2005, while off duty but still in uniform and riding his police motorcycle, the Officer parked his motor on a sidewalk in front of an Arcadia office building. The Officer was delivering photographs to an accident reconstructionist who had been retained as an expert in a different disciplinary proceeding against the Officer.

(It should be noted that the Officer had been found to have been involved in an on duty traffic accident which the Department found to be "preventable." The matter was appealed and the arbitrator in that case overturned the Departments' decision and ruled the accident was "non-preventable.")  The motor remained parked on the sidewalk for approx. one hour and two inhabitants of the office complex called the Arcadia police concerning the parked motorcycle. They alleged the motor was restricting pedestrians on the sidewalk. Arcadia police officers responded, but did not cite the officer. When they realized that the Officer was a Monterey Park officer the Department was notified and the Officer's supervisor responded to the scene.

        The Arbitrator in this case applied common sense and logic to this case.  In his decision he wrote; "The California Vehicle Code should be generally be followed when not engaging in on-duty police business, but given this understanding, sound officer discretion should prevail in recognition of the fact that there might be a need for immediate access to one's bike and egress from the particular location at hand in the event of an emergency."

         The arbitrator further stated in his ruling "the evidence was not convincing that it (motor) restricted pedestrian movement in any way, even for the infirmed or elderly." He went on to state "...there was no persuasive testimony from the three individuals involved in this discipline...as to why Grievants' transgression was egregious enough to warrant serious discipline in and of itself.  Chief Moy, who did not fully appreciate motor bike officer culture, appeared to place complete reliance upon the original recommendation." The original recommendation came from the Captain who the arbitrator stated was "discredited."

       The City Manager was described by the arbitrator as "impressed at being adversarial, rather than impartial in reviewing the record and making the ultimate determination. According to him, if there had been only one policy violation, even if no pedestrian was inconvenienced, two days suspension was proper." The arbitrator concluded that "regardless of the number of polices violated, the misbehavior itself did not impress as being serious enough to warrant any suspension..."  In conclusion the arbitrator's binding decision ordered the Department to reimburse the  two 2 days lost pay and sent a direct, strong and unambiguous message to Monterey Police Management:

           The officer was extremely happy with the ruling and thankful that LDF and his attorneys fight the "small" fights as hard as the "big" ones.