HomeMy WebLinkAbout20090706_ExecutiveRecommendations_Griffithcity of san tuts oBispo
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Memorandum
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"Service, Pride, Integrity"
July 6, 2009
To: Chief Deborah E. Linden
From: Captain Ian Parkinson 1 1P
Subject: Executive Recommendations:
Administrative Inquiry #AI 09-OOIG -Griffith
SUMMARY OF INVESTIGATION
Police Department
1042 Walnut
SLO, CA 93401
(805) 781-7317
On January 22, 2009, Lieutenant Tolley sent Captain Blanke a memo regarding potential
misconduct by Officer Griffith. Lieutenant Tolley described the circumstances of the incident
and Captain Blanke concluded that Officer Griffith may have violated several Departmental
Personnel Rules and Regulations.
On February 12, 2009, Captain Blanke and I met with you for the purpose of discussing this
incident. Captain Blanke recommended that an Administrative Inquiry (AI) be conducted into
the full circumstances of Officer Griffith's conduct. You approved that recommendation and
directed that Lieutenant Staley be assigned the investigative responsibility.
Allegation
Officer Griffith is alleged to have directly disobeyed orders given to him by Lieutenant Tolley.
Lieutenant Tolley ordered Officer Griffith to complete a burglary report on a case that had been
accepted by Officer Griffith as a log report. Officer Griffith is alleged to have ignored these
orders and then resubmitted the log report with inaccurate details that reflected the case as a
theft and not a burglary.
Allegation #1. Obedience to Orders Department employees shall be required to obey the lawful
orders of any department supervisor. A lawful order shall be construed to be any order that is
consistent with Department policies, procedures, or directives.
Allegation #2 Insubordination. Refusing to obey the lawful order of a supervisor.
Allegation #3 Falsification of Reports or Official Statements
A department employee shall not knowingly or willingly enter into any department book,
record, document, or official report, whether written or electronic, any inaccurate or false
1.Memorandum
"Service, Pride, Integrity"
city of San tins OBISpo
Police Department
1042 Walnut
SLO, CA 93401
(805) 781-7317
statement or information. A Department employee shall not alter or erase any words or
figures in a department book, record, document, or official report, whether written or
electronic, without direct and specific approval from a Department supervisor who is
authorized to give such approval. However, police officers and supervisors, who prepare and
review reports documenting incidents, may make appropriate changes or corrections in
reports, prior to final approval.
Violations of Law, City policies, and the Department Rules and Regulations are cause for
disciplinary action per SLO Municipal Code Section 2.36.320.
FINDINGS
Lieutenant Staley completed his investigation and submitted his report to me. I have reviewed
Lieutenant Staley's findings and concur with his recommended disposition.
Allegation #1-Disobedience to Orders:
Recommendation: Inconclusive
Lieutenant Staley interviewed both Lieutenant Tolley and Officer Griffith in this matter. They
had conflicting versions of what instructions were given in this case. Officer Griffith thought
that he was instructed to contact the victim, make a determination about the crime, and report
appropriately. Lieutenant Tolley thought his instructions were clear that Griffith was to contact
the victim and then complete a formal burglary report. Either explanation is plausible; therefore a
finding of inconclusive is appropriate.
Allegation #2- Insubordination:
Recommendation: Unfounded
The investigation found nothing to show that Officer Griffith directly refused the orders given by
Lieutenant Tolley.
Allegation 43- Falsification of Reports or Official Statements
Recommendation: Sustained
Officer Griffith admitted to changing the narrative in this case to reflect that the bicycle was
taken from outside of the residence. Officer Griffith spoke with the victim and knew the
information was false and that the bicycle was in fact taken from inside the residence. Officer
Griffith contacted dispatch and had the details in the computerized record changed to reflect this
false information. Officer Griffith was aware this would change the crime from a felony to a
misdemeanor and would therefore change the type of report required to document the incident.
Officer Griffith could not offer a reason why he changed the call disposition.
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Memorandum
"Service, Pride, Integrity"
RECOMMENDATION
city of san lugs oBispo
Police Department
1042 Walnut
SLO, CA 93401
(805) 781-7317
Officer Griffith received a written reprimand in 2008 for Neglect of Duty/ Insubordination. He
also received a below satisfactory rating in his 2009 evaluation for productivity and analytical
and planning skills and an overall below satisfactory rating. This recommendation for discipline
in this case is based on the following:
• Officer Griffith's prior recently documented discipline and recent evaluation.
• The gravity of this offense including changing the document to reflect an improper crime
code; jeopardizing another employee by having that employee make the change in the
records system; and the lack of any reasonable explanation fro his conduct.
Based on this, I recommend that Officer Griffith receive time off and a one-time pay reduction
equivalent in value to forty (40) hours of his current salary.