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HomeMy WebLinkAboutClosure Memo 1.30.2019Subject: Finalization of IF and 18-0005 A Skelly meeting was held on July 9, 2018, at approximately 0826 hours to discuss my recommendation and allow Officer Mathews an opportunity to present anything he would like in mitigation. Present along with me at the Skelly meeting were City Attorney Christine Dietrick, Captain Chris Staley, Officer Mathews, and Officer Mathews’ representative, Attorney John Kristofferson. The meeting was held in the Chief’s office at 1042 Walnut and was recorded. The recording has been placed in IA Pro for storage and is available to Officer Mathews upon request. During the meeting, Officer Mathews and his representative spoke on his behalf. Officer Mathews spoke first, and offered the following points and perspectives for consideration: Officer Mathews has an unblemished record of service for 13 years. Notice of Intent of Disciplinary Action – Officer Mathews Page 2 of 7 After Officer Mathews spoke, his attorney spoke and offered the following: In regard to the second incident, Officer Mathews reached out to friends in Hanford like he would when he was on active duty. This outreach to Hanford PD was not a calculated attempt to circumvent SLOPD, but a mistake. At the conclusion of Officer Mathews and his attorney speaking, Christine Dietrick asked Officer Mathews how he would address the serious breach of trust, and Officer Mathews stated it was not in his character and knowing what he knows now, he would not do it again. She also asked if Officer Mathews clearly understood during the second incident that he was expressly not on duty and Officer Mathews said he knew he was not on duty. Presented to Officer Mathews prior to the Skelly meeting were the following recommendations for sustained misconduct: Reference IF Notice of Intent of Disciplinary Action – Officer Mathews Page 3 of 7 1. 8. Notice of Intent of Disciplinary Action – Officer Mathews Page 4 of 7 12. 15. 17. Notice of Intent of Disciplinary Action – Officer Mathews Page 5 of 7 Reference IF 2018-0005: 1. Laws, Rules and Orders 339.5.1(b): Disobedience of any legal directive or order issued by any department member of a higher rank. 2. Laws, Rules and Orders 339.5.1(c): Violation of federal, state, local or administrative laws, rules or regulations. 3. Ethics 339.5.2(a): Using or disclosing one’s status as a member of the San Luis Obispo Police Department in any way that could reasonably be perceived as an attempt to gain influence or authority for non-department business or activity. 4. Ethics 339.5.2(b): The wrongful or unlawful exercise of authority on the part of any member for malicious purpose, personal gain, willful deceit or any other improper purpose. 5. Ethics 339.5.2(f): Misappropriation or misuse of public funds, property, personnel or services. 6. Ethics 339.5.2(g): Any other failure to abide by the standards of ethical conduct. Notice of Intent of Disciplinary Action – Officer Mathews Page 6 of 7 7. Performance 339.5.8(d): Being untruthful or knowingly making false, misleading or malicious statements that are reasonably calculated to harm the reputation, authority or official standing of this department or its members. 8. Performance 339.5.8(e): Disparaging remarks or conduct concerning duly constituted authority to the extent that such conduct disrupts the efficiency of this department or subverts the good order, efficiency and discipline of this department or that would tend to discredit any of its members. 9. Conduct 339.5.9(j): Attempted or actual theft of department property; misappropriation or misuse of public funds, property, personnel or the services or property of others; unauthorized removal or possession of department property or the property of another person. 10. Conduct 339.5.9(m): Any other on- or off-duty conduct which any member knows or reasonably should know is unbecoming a member of this department, is contrary to good order, efficiency or morale, or tends to reflect unfavorably upon this department or its members. 11. California Penal Code 11143 Unlawful Furnishing of State Summary Criminal History Information: Any person, except those specifically referred to in Section 1070 of the Evidence Code, who, knowing he is not authorized by law to receive a record or information obtained from a record, knowingly buys, receives, or possesses the record or information is guilty of a misdemeanor. 12. California Penal Code 502.C.3: Knowingly and without permission uses or causes to be used computer services. 13. California Penal Code 502.C.7: Knowingly and without permission accesses or causes to be accessed any computer, computer system, or computer network. 14. City of SLO Personnel Rules and Regulations Section 2.36.380 Employee responsibilities benefits – Code of Ethics. A. An official or employee of the city shall not engage in conduct which would tend to discredit or dishonor his/her position with the city. Such elected or appointed officials and employees must avoid conflicts of private interests with public duties and responsibilities and shall not do indirectly what may not be done directly. B. Disciplinary action generally does not Notice of Intent of Disciplinary Action – Officer Mathews Page 7 of 7 follow an occasional error in judgment which occurs in good faith and is unintentional. However, misconduct, dishonesty and fraud shall be the basis for severe disciplinary action, including removal for cause. Prior to presenting Officer Mathews with my final conclusion, on July 14, 2018, he submitted a letter of resignation that was accepted by the City. Should he have not resigned, I would have recommended no changes from what Sustained before the Skelly meeting.