On June 29, 2003, a settlement was reached in the case involving Los Angeles School District Police Sergeant Rodney Dalbey. Dalbey was terminated for allegations of conduct unbecoming a police Sergeant, and dishonesty, allegations that Dalbey wholeheartedly denied.

The allegations stemmed from a September 21, 2002, incident during which Dalbey 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 Dalbey both admitted that they had a verbal argument at the location in question, but both denied that there was ever any physical abuse by Dalbey. 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 Dalbey' termination, alleging Dalbey struck his girlfriend on the date in question, and was dishonest when he denied striking her.

Dalbey appealed his termination to the Personnel Commission, and was represented at his administrative evidentiary hearing by Saku Ethir of Lackie, Dammeier & McGill APC. 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 Dalbey to his position with the Department, with a suspension. As part of the settlement, the District withdrew the dishonesty allegation, and the allegation that Dalbey 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 Dalbey approximately twelve months of back pay.

Dalbey would like to thank the Legal Defense Fund (LDF), the Los Angeles School Police Association, and his attorneys at Lackie, Dammeier & McGill APC for their support.

About the author, Saku E. Ethir is an Associate with the law firm of Lackie, Dammeier & McGill APC who represents Police Associations throughout California in discipline and negotiation matters.