HomeMy WebLinkAbout20130711_Notice-Intent_Piercer\
city of san IUIS OBISPO
POLICE DEPARTMENT
104 in fi St., San Luis Obispo, CA 93401(0) 7 ®is 7
Date: July 11, 2013
To: Officer Cory Pierce
From: Stephen Gesell, Chief of Police
Subject: Notice of Intent to Administer Disciplinary Action and Right to Respond
You are hereby notified pursuant to Personnel Rules and Regulations, Section 2.36.320-350, that
based on your guilty plea to a felony violation of 18 U.S.C. Section 1951 and admissions of
misconduct therein, it is my intention to impose the following disciplinary action against you:
Termination as a Police Officer with the City of San Luis Obispo.
This action is being taken because your admitted conduct violates federal law and multiple
departmental policies, as specified herein, and you are statutorily disqualified for employment as
a peace officer pursuant to California Government Code § 1029, which provides, in part, as
follows:
(a) Except as provided in subdivision (b), (c), or (d), each of the following persons is
disqualified from holding office as a peace officer or being employed as a peace officer
of the state, county, city, city and county or other political subdivision, whether with or
without compensation, and is disqualified from any office or employment by the state,
county, city, city and county or other political subdivision, whether with or without
compensation, which confers upon the holder or employee the powers and duties of a
peace officer:
(1) Any person who has been convicted of a felony.
(2) Any person who has been convicted of any offense in any other jurisdiction which
would have been a felony if committed in this state.
As part of the Court proceedings, you have signed a plea agreement acknowledging your guilt.
A copy of the. complaint against you and your signed plea agreement are attached hereto. The
facts admitted as part of your plea agreement support the conclusion that you have also violated
the following City and Departmental rules and regulations:
1. Violation of San Luis Obispo Police Department Rules and Regulations
Section IV. LL. — Conduct detrimental to the Department.
"Service, Pride, Integrioty"
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. 1 of 3
Telecommunications °vice for the Deaf ) 781-7410
2. Violation of San Luis Obispo Police Department Rules and Regulations
Section IV. BB- Use of Alcohol, Drugs, or Narcotics.
3. Violation of San Luis Obispo Police Department Rules and Regulations
Section IV. KK. 5. —Neglect of Duty
4. Violation of San Luis Obispo Police Department Rules and Regulations Section
IV. K- Improper Use of Information.
5. Violation of San Luis Obispo Police Department Rules and Regulations
Section IV. J. —Willful Mistreatment of a Prisoner or Person.
6. Violation of San Luis Obispo Police Department Rules and Regulations
Section IV. P. - Improper Use of Authority, Badge, or ID Card.
7. San Luis Obispo Police Department Operations Directive I-16 Informant
Policies.
8. Violation of San Luis Obispo Police Department Rules and Regulations
Section IV. I- False Statements.
In addition to the above, I find you are in violation of City of San Luis Obispo Personnel Rules
and Regulations 2.36.380 Employee Responsibilities and benefits — Code of Ethics, which states
in part:
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.
Copies of the following documents are attached hereto in support of the intended action:
1. Federal criminal complaint, Case #CR 13 -142-MMM
2. Plea Agreement for Defendant Cory Pierce, Case #CR 13-142-MMM
3. San Luis Obispo Police Department Rules and Regulations Section IV. LL
4. San Luis Obispo Police Department Rules and Regulations Section IV. KK
5. San Luis Obispo Police Department Rules and Regulations Section IV. K
6. San Luis Obispo Police Department Rules and Regulations Section IV.BB
7. San Luis Obispo Police Department Rules and Regulations Section IV. J
8. San Luis Obispo Police Department Rules and Regulations Section IV. P
9. San Luis Obispo Police Department Rules and regulations Section IV. I
10. San Luis Obispo Police Department Operations Directive I-16 Informant Policy
11. City of San Luis Obispo Municipal Code Section 2.36.380 A and B
12. City of San Luis Obispo Municipal Code Sections 2.36.320 through 2.36.350
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The above -referenced pleadings and statutes have been considered in proposing this action.
The City reserves the right to serve an amended and/or supplemental disciplinary notice based
upon such additional facts, information and/or documents as may be discovered through a
complete Administrative Investigation of violations of state or federal law, City ordinances,
policies and Police Department rules and regulations associated with or related to your conduct,
as set forth in the attached federal criminal complaint against you and your subsequent felony
plea agreement.
Warning against retaliation: This provision is to notify 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.
It is the City's position that your employment is terminated by operation of law pursuant
California Government Code § 1029. However, the City acknowledges your legal counsel's
dispute with that conclusion. Accordingly, and without waiver of any legal argument, the City is
affording you the right to answer, either orally or in writing or both, to this Notice of Intent to
Impose Disciplinary Action, and make any representations you believe are pertinent to the matter
pursuant to Skelly v. State Personnel Board (1975) 15 Cal.3d 194. Pursuant to City of San Luis
Obispo Municipal Code section 2.3 6.3 3 0 A.2. a., if you choose to answer or respond to this
notice, you have until 5:00 P.M. on Thursday July 18, 2013. If you wish to respond in person, I
have scheduled time to consider your oral presentation on July 22, 2013 at 1:00 p.m. in the
Human Resources Conference Room in City Hall at 919 Palm Street. If you wish to be heard
orally, please call me at (805) 781-73 3 7 no later than 5 :00 p.m. Thursday July 18, 2013 to
confirm your intent to appear.
Stephen Gesell
Chief of Police
Acknowledgement of Receipt
Notice Received By:
Print Name:
Signature. -
Date & Time S
Served By: A f.
(Print and Sign'
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