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By PORAC | February 1, 2002 | Posted in PORAC LDF News

Deputy Reinstated With Full Back Pay and Benefits

Rocky Lucia, of Rains, Lucia & Wilkinson LLP, recently secured an arbitration award from Arbitrator Matthew Goldberg, reinstating his client to his former position as a deputy sheriff.

Lucia represented a former Humboldt County deputy who had been charged with dishonesty arising out of conversations he had with supervisors in the department and representations made by him during an Internal Affairs interview.

The deputy had been employed by the department for well over seven years and had received exemplary performance reviews throughout his tenure as a deputy. The department and community groups had also recognized him for his outstanding efforts relative to his duties as a deputy.

The arbitrator heard evidence from a number of departmental witnesses (including the sheriff), and made a number of findings regarding to the allegations and the department’s investigative efforts.

Arbitrator Goldberg ruled that the department had incorrectly concluded that statements made by the deputy were untruthful. The deputy, for the most part, admitted to the statements yet emphatically asserted that the statements were misinterpreted and taken out of context. The arbitrator found that the department’s rationalization for drawing inferences and conclusions based on the statements was not supported by the record.

The arbitrator also found that the department had failed to conduct a thorough investigation and review of the matter. The arbitrator noted that several material witnesses had not been interviewed during the investigation. Furthermore, it was argued by Lucia that had those witnesses been interviewed early on in the investigation, the allegations of untruthfulness would not have been lodged against the deputy.

Lucia argued that a member of the command staff, who ultimately reviewed the matter and recommended termination, did not conduct a fair and objective evaluation of the Internal Affairs report. He pointed out that the particular member of the command staff had been a percipient witness to one of the alleged acts of untruthfulness, was the complainant, and requested an administrative investigation to review the matter.

Ultimately, it was this same individual who reviewed the investigation report, and made the recommendation for termination. The arbitrator confirmed that it was inappropriate for the member of the command staff who initiated the investigation and was a percipient witness, to conduct a review of the investigation and make recommendations for discipline.

Arbitrator Goldberg imposed no discipline and reinstated the deputy with full back pay and benefits.