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HomeMy WebLinkAboutSigned NOID 5.30.2018Police Date: May 30, 2018 Cory Mathews, Officer From: Deanna Cantrell, Chief of Police Subject: Notice of Intent to Administer Disciplinary Action and Right to Respond Reference: and IF 18-0005 You are hereby notified pursuant to Personnel Rules and Regulations, Section 2.36.320-350 Attachment l), that based on the information developed during two Internal Investigations, it is my intention to impose the following disciplinary action against you: Termination of Employment This recommendation arises from two separate incidents requiring investigation into your conduct. It should be noted, that each of these cases independently justify termination. I recommend termination on them collectively as well as individually. This action is being taken for the following violations of City and Police Department rules and regulations. and your subsequent conduct on or about March I st and March 2 nd, 2018, while you were on paid administrative leave pending the outcome of the first investigation. Any one of the policy violations discussed in this Notice, warrant discipline. Additional details of the violations may be found in the investigative files and subsequent memos by Captain Staley documenting his disciplinary recommendations. SUSTAINED: Notice of Intent of Disciplinary Action — Officer Mathews Page 2 of 8 Notice of Intent of Disciplinary Action — Officer Mathews Page 3 of 8 I am recommending the following violations regarding IF 2018-0005 also be SUSTAINED: 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(0: 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. 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 Notice of Intent of Disciplinary Action — Officer Mathews Page 4 of 8 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 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. DETERMINATION OF THE CHIEF OF POLICE The decision to end your employment with the City of San Luis Obispo is a decision I do not take lightly. In addition to the investigative files, I considered your service record with the department and your years of experience as a sworn Police Officer at the City of Hanford. This was a serious and repeated unsettling pattern of poor judgement and behavior. of Intent of Disciplinary Action — Officer Mathews Page 5 of 8 Notice of Intent of Disciplinary Action — Officer Mathews Page 6 of 8 On November 13, 2016 you signed a CLETS employee statement that outlines your responsibility in regard to criminal justice information and information systems along with some of the criminal codes for violating use of criminal justice information. You were placed on Administrative Leave on The Administrative Leave Form that you signed specifically states "You are prohibited from performing any peace officer fttnctions on behalf of the City of San Luis Obispo Police Department." Furthermore, it states, "Disobedience of this order will be considered insubordination and may lead to disciplinary action up to and including termination." You violated this lawful, direct order when on or about March 1 st and continuing thereafter you contacted members of the Hanford Police Department and You unlawfully and deceitfully used your authority when you misled Hanford police officers and Deputy to believe you were working full duty status and possibly working in narcotics. While on administrative leave, and knowing you did not possess the authority to perform peace officer functions, you unlawfully asked them to access, furnish and/or obtain Criminal Justice Information including but not limited to Criminal Offender Record Information (CORI) existing in Criminal Justice Computer Systems in violation of California Penal Codes 1 1 143, 502.c.3 and 502.c.7 by requesting and receiving a record or information obtained from a record you did not have lawful authority to access, request or obtain. The damage to the public's trust in the effectiveness of this department and in you as a San Luis Obispo Police Officer cannot be overstated. Your actions constitute an extreme violation of public trust, bring significant disrepute to you and the San Luis Obispo Police Department and are inconsistent with accepted conduct by members of law enforcement as evidenced by the numerous policy violations sustained above. Discipline and retraining are means by which to correct behavioral deficiencies and ensure adherence to rules, regulations and laws. I believe your decisions, behavior and judgement identified in the initial investigation go beyond a misalignment with rules and regulations and that no measure of retraining can salvage the damage you have done or bring you into compliance. However, consideration that while on administrative leave, relieved of your peace officer duties, you further demonstrated poor judgment, misled police officers in another department, thus bringing further discredit to the San Luis Obispo Police Department and to yourself, simply reinforces that your dismissal from San Luis Obispo Police Department employment is the only appropriate outcome. To retain you would be negligent retention of an employee who has demonstrated numerous poor decisions and a blatant disregard and disrespect for public safety and public trust. for public safety. Your conduct is a fundamental violation of your role as a public servant. Your behavior should never undermine the public trust in police service, yet you did just that with numerous separate incidents. I have lost trust in your ability to serve the public, and thus cannot allow this public service agency to be represented by an individual who has committed this level of egregious misconduct. Notice of Intent of Disciplinary Action — Officer Mathews Page 7 of 8 MATERIALS RELIED UPON IN MAKING THIS DECISION/ATTACHMENTS 3. Investigative File report 18-0005 including the following: o Notice of Investigation o Investigative Report o Memorandum with Recommendations prepared by Captain Chris Staley o Transcript of Interview with Officer Mathews on April 18, 2018. o CLETS Employee Statement o City of San Luis Obispo Personnel Rules and Regulations Section 2.36.380 Employee responsibilities benefits — Code of Ethics. o San Luis Obispo Police Department Lexipol Policies: 339 Disciplinary Policy. o Penal Codes 11143, 502.C.3 and 502.C.7 WARNING AGAINST RETALIATION This provision is to notifr you that it is illegal and inappropriate to retaliate against any person who has provided information pursuant to the investigation referenced in this Notice. You may not make any adverse comments to, or in any other manner retaliate against, any individual who has provided information to the City of San Luis Obispo regarding your conduct. Pursuant to Skelly v. State Personnel Board (1975) 15 Cal.3d 194, you have the right to answer, either orally or in writing or both, this Notice of Intent to Impose Discipline, and make any representations you believe are pertinent to the matter. Pursuant to City of San Luis Obispo Municipal Code section 236.330A.2.a., if you choose to answer or respond to this notice, you have until 5:00 P.M. on June 7th, 2018. If you wish to make an appointment to discuss this matter in accordance with the timeline above, please email Chief of Police Deanna Cantrell at Dcantrell@slocity.org to schedule an appointment. Notice of Intent of Disciplinary Action — Officer Mathews Page 8 of 8 Deanna Cantrell Chief of Police Acknowledgement of Receipt You are hereby being provided with the Notice Of Intent To Discipline as well as all documentation/recordings contained in San Luis Obispo Investigative File and 20180005. Notice Received By: Print Name: Signature. Date & Time Served: Served by: