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HomeMy WebLinkAbout20090706_ExecutiveRecommendations_Griffithcity of san tuts oBispo 41 Memorandum tuts o o. j "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. a� 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.