Fresno Sheriff Sergeant Reinstated with Back Pay and Restored Benefits

JONATHAN YANK
Attorney
Messing Adam & Jasmine LLP

The Fresno County Civil Service Commission recently ended the lengthy and financially ruinous ordeal of Sergeant Mike Nulick when it exonerated him of charges of work-related dishonesty and reinstated him with back pay and restored benefits. Nulick’s ordeal began with what appears to have been a simple miscommunication or misunderstanding.

This unfortunate saga began on New Year’s Eve 2013 when the on-duty watch commander instructed Nulick to go to the home of a deputy who had called in sick for a mandatory overtime shift. As instructed, Nulick drove approximately 35 miles across town to the deputy’s home — a fact that was confirmed by GPS records showing the location of Nulick’s squad car.

When Nulick’s knock on the deputy’s door went unanswered, he returned to his vehicle, looked up the deputy’s cellphone number, called and left him a voicemail message. Approximately 10 minutes later, the deputy returned Nulick’s call. While some of the details of the conversation were later disputed, it was agreed that the deputy confirmed to Nulick that he was indeed sick.

When Nulick was later contacted by the watch commander, he reported his recollection of the conversation, including that the deputy had indicated that he was at his mother’s house. Nulick mistakenly reported that the deputy’s children were with him, when in fact the deputy had no children at that time.
Following an inexplicable six-month delay, an internal affairs investigation was instituted to investigate apparent discrepancies between Nulick’s description of the events of December 31, 2013, and the deputy’s description of those events. These discrepancies included that the deputy claimed to be home that evening and, of course, the fact that he had no children.

But rather than consider the possibility of a misunderstanding or mistaken recollection, the IA investigators seized on Nulick’s mistaken statement about the deputy having children and single-mindedly pursued dishonesty charges against him. In the rush to judgment, the investigators never examined numerous other possibilities.

Among many conspicuous shortcomings: 1. The investigators failed to consider the simple and obvious explanations of a misunderstanding or mistake; 2. The investigators made no effort to find evidence possibly corroborating Nulick’s account; 3. They outright ignored the fact that GPS records confirmed that Nulick went to the deputy’s house; and 4. They failed to consider the fact that Nulick had no reason to lie.

Relying on this one-sided investigation, the Fresno County Sheriff ordered Nulick’s termination — even though the Undersheriff, the Department’s second-in-command, concluded that the dishonesty charges were unfounded and recommended that they be dismissed. Unfortunately, following a Skelly hearing at which Nulick was represented by other privately retained legal counsel, the Sheriff confirmed the decision to terminate him.
Following the confirmation of his termination, Nulick contacted the PORAC Legal Defense Fund and asked to have Messing Adam & Jasmine LLP represent him before the Civil Service Commission. The Legal Defense Fund granted Nulick’s request, and Messing Adam & Jasmine LLP took up his cause.

At the Civil Service Hearing, our focus was on picking apart the Department’s single-minded investigation and rush to judgment, and on pointing out the many deficiencies in the investigation that resulted in more open questions than answers. Following a brief recess after the close of evidence and closing statements, the Commission unanimously passed a motion throwing out the dishonesty charge. Nulick was soon ordered reinstated, with back pay and benefits restored.

Sergeant Nulick would like to thank the Legal Defense Fund and Eric Schmidt, President of the Fresno Deputy Sheriff’s Association, for their unwavering support throughout his long ordeal. He also wished to express his appreciation of the author and Messing Adam & Jasmine LLP for their dogged preparation and determined advocacy following his termination.

About the Author

Jonathan Yank is an attorney at Messing Adam & Jasmine LLP, a new law firm composed of all of the labor attorneys formerly with Carroll, Burdick & McDonough LLP, with offices in Sacramento and San Francisco. He and Messing Adam & Jasmine LLP specialize in advising and representing public safety and other public employees in all stages of contract negotiations, grievance and disciplinary proceedings, labor arbitrations, unfair labor practice disputes, and litigation. The attorneys at Messing Adam & Jasmine LLP have been representing peace officers, firefighters and other public servants for nearly 40 years.