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HomeMy WebLinkAbout1978 10 11 CC MIN1978 10 11 CC MIN;¢f4ɐ^ UNOFFICIAL UNTIL APPROVED ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 E. Pacific Ave. WEDNESDAY. OCTOBER 11, 1978 AT 7:30 P.M. The City Council of the City of Baldwin Park met in adjourned regular session in the Council Chambers at 7:30 p.m. 00- Councilman McNeitt led the salute to the flag. COUNCILMEN AGUILAR. IZELL, WHITE, MC NEILL AND MAYOR BLEWETT Roll ca11: Present: FLAG SALUTE ROLL CALL Also Present: CITY MANAGER SEXTON, ACTING CITY ATTORNEY FLANDRICK, MODERATOR; CHIEF OF POLICE CHELLINO, HENRY BARBOSA, ATTORNEY REPRESENTING CITY; GEORGE SHAEFFER, JR., ATTORNEY REPRESENTING JOHN MOREHEAD; SGT. JOHN MOREHEAD AND CITY CLERK BALKUS 00- Mayor Blewett said the purpose of the meeting was to consider the appeal of John Morehead, concerning the imposition of discipline. Primarily, the reason for the Council hearing was because the Personnel Commission could not come to a decision. The public hearing was declared open. At 9:54 p.m. Mayor Blewett declared a recess. At 10:00 p.m. the Council reconvened. Closing arguments were made. Mayor Blewett declared the public hearing dosed. AT 10:15 P.M. COUNCIL ADJOURNED TO AN EXECUTIVE SESSION. M/S/C: MC NEILL/WHITE. There were no objections, At 10:40 p.m. the Council reconvened. UPHOLD THE CITY MANAGER'S DETERMINATION THAT THERE WAS A VIOLATION. M/S/C: AGUILAR/WHITE. Roil call. Ayes: AGUILAR/WHITE/MC NEILL/BLEWETT. Noes: IZELL. The motion carried. THAT SGT. MOREHEAD BE SUSPENDED WITHOUT PAY FOR A PERIOD OF 5 DAYS. M/S/C: WHITE/AGUILAR. Roll call. Ayes: WHITE/AGUILAR/BLEWETT, Noes: IZELL/MC NEILL. AT 10:56 P.M. THE MEETING ADJOURNED TO OCTOBER 12, 1978. M/S/C: MC NEILL/WHITE. There were no objections. NOTE: A verbatim transcript of the disciplinary hearing regarding Sgt. Morehead was prepared by a Certified Court Reporter. The original of which is on file in the office of the City Clerk. PURPOSE OF MEETING CONSIDER APPEAL JOHN MOREHEAD PUBLIC HEARING OPENED 9:54 P.M. RECESS 10:00 P.M. RECONVENED PUBLIC HEARING CLOSED 10:15 P.M. ADJOURN TO EXECUTIVE SESSION COUNCIL RECONVENED UPHOLD CITY MANAGER'S DETERMINATION SGT. MOREHEAD BE SUSPENDED WITHOUT PAY FOR 5 DAYS 10:56 P.M. MEETING ADJOURNED TO 10/12/78 /s^^ THELMA L. BALKUS, CITY CLERK APPROVED: y^^A^ /^/J7 //r Date of Distribution to Council: December 1, 1978 Date of Distribution to Departments: December 1, 1978 BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 E. Pacific Avenue, Baldwin Park WEDNESDAY, OCTOBER 11, 1978 AT 7:30 P.M. The City Council of the City of Baldwin Park met in regular session in the Council Chambers at 7:30 p.m. 00- Councilman McNeitt led the salute to the flag. Roll ca11: Present: COUNCILMEN AGUILAR, IZELL, WHITE. MC NEILL AND MAYOR BLEWETT Also Present: CITY MANAGER SEXTON. ACTING CITY ATTORNEY FLANDRICK, HENRY S. BARBOSA, ATTORNEY REPRESENTING CITY COUNCIL AT PERSONNEL HEARING, GEORGE SHAEFFER, REPRESENTING SGT. JOHN MOREHEAD, SGT. JOHN MOREHEAD AND CITY CLERK BALKUS 00- AT 10:56 P.M. ADJOURN MEETING TO THURSDAY, OCTOBER 12, 1978 7:30 P.M. M/S/C: MC NEILL/WHITE. There were no objections 00- OCTOBER 11, 1978 7:30 P.M. FLAG SALUTE ROLL CALL 10:56 P.M. ADJOURN MEETING TO THURS. OCTOBER 12, 1978 7:30 P.M. LJ, HELMA L. BALKUS, CITY CLERK DATED: OCTOBER 12, 1978 TIME: 10:00 A.M. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^AFFIDAVIT OF POSTING NOTICE PrrojQURNHENT BF MEETING STATE OF CALIFORNIA COUNTY OF L0$ ANGELES) SS: CITY OF BALDWIN PARK THELMA L. BALKUS, beinq first duly sworn, s^ys and deposes: that I m the duly chosen, qualified and acting City Clerk of the City Council of the City of Baldwin Park; that at an Adjourned Regular Meeting of the City Council of the City of Baldwin Park held October 11 19 78 said meeting was ordered adjourned to the time and place specified in the Notice of the Adjournment ATTACHED HERETO: that on October 12 19 78 at the hour of 10:00 a«m., I posted a copy of said Notice at a conspicuous place on or near the door of the place at which said meeting of October 11 g 78 was held. J THELHA L. BALKUS, C!TV CLgRK Subscribed and sworn to before me this 0^7 day of ZL ZZ^^^ A.^r-<^>^^ Motary PubH^n and fo^sald County and State OFFtdAL SEA). STELLA J. KIN6MAN NOTARY PUBLIC CALIFORMA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Exp June 21. 2 00000»OOCM» BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^ /^?^^r \".^,^ w/^--<^ BA3-DWIN PARK CITY COUNCIL PERSONNEL HEARING JOHN MOREHEAD) October 11, 1978 7»30 P.M. I 14403 East Pacific Avenue Baldwin Parky California j, f^i i; r \ ReportedBy: Kathleen C. Bannon^ CSR 3110 I-'RANK o. NELSON CERTIFIED SHORTHAND REPORTfcRS 2346 HYPERION AVE Our File No.: Los ANGELES. CALIFORNIA 90027 PHONE 213666-8043 BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^H«iiiii1 i Hi-ir-i u.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPEARANCES: REPRESENTING THE CITY: ROBERT FLANDRICK HENRY S. BARBOSA REPRESENTING JOHN MOREHEAO: GEORGE SHAEFFER, JR. CITY COUNCIL MEMBERS: RUSSELL E. BLEWETT, MAYOR JACK B. WHITE FELIPE AGUILAR BOBBIE IZRLL ROBERT McNEILL CITY CLERK: THELMA BALKUS BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^ 123 L H 2. 21 WITNESSES 4 For the City Direct Cross Redirect Recross 5 6 7 8 9 10 Ted Mertens 7 12 24 26 Richard Hoskin 28 32 33For the Appellant; 11 12 13 14 15 John Morehead 39 49 62 70 71Ted Her tens 73EXHIBITS 16 FOR TOE CITY: Description Pa^e 17 18 19 20 21 22 23 1 Memorandum dated 5-2-78 /' /^,/<-^?i' 7^ i^%/< ir"<-^-^-»-< a-,*-*2 Letter dated 7-24-73 r^^r 7 3 Interoffice memorandum dated 7-25-78 7^^-^ y^ie A-» A'^ /-A..-4 Document to John Murehoad from the 7 city manager /-^^FOR THE APPELLANT: 24 25 26 27 26 A Sergeant Morehead's request for 39 comp tijneB Document entitled Personnel 39Transactions of the City" BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^MAYOR BLEWETT: I think we are gathered here basically, I might say, to have the hearing primarily because of the fact the personnel board could not come to a decision, So, Mr. Flandrick, would you THE CLERK: Mr, Mayor, do you want a role call? MAYOR BLEWETT; Yes, call the role. THE CLERK: Mayor Blewett? MAYOR BLEWETT $ Here. THE CLERK: Izell? MR. IZELL: Here. THE CLERK: McNeill? MR. McNEILL: Here. THE CLERK: White? MR. WHITE: Hero. THE CLERK: Mr. Sexton? MR. SEXTON: Here. THE CLERK: Mr, Flandrick? MR. PLAMDRICK: Here. THE CLERK: Barbosn? MR. BARBOSA: Here. THE CLERK: Morehead and Shaeffer, okay. MR. PLANDRICK: fir. Mayor, the council is sitting in on a personnel matter and before we start the proceedings, we have a court reporter present and it's difficult for the court reporter to get individual comnnnts of everybody when you step on somebody else* s word??. o let sonebody finish their statement before you start no ho can jet it all down. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^The purpose of the hearing is to consider the appeal of Sergeant Moreho-jd c once riling the discipline and procedure in accordance with the personnel rules. The city manager reviewed the matter at the time and manner set forth in the code and made a determination as to the disposition of the case. In a moment or two Mr. Barbosa will read into the record the action taken by the city manager. Thereafter, the appeal was taken by Sergeant Morehead from the decision of the city manager, and the personnel board, as the mayor pointed out, was deadlocked. It came out on a 2/2 vote, with one member being absent. Objection was made by Mr. Morehead's attorney to the fifth member of the commission reviewing the record and acting upon the appeal, notwithstanding the fact that he was not present at the time of the hearing. Thereafter, the board considered it at some length) and the conclusion, I think, is accurately stated that they diq not feel they could decide the case, due to the fact that they had an attendance problem. So they selected the alternative, to refer it directly to the city council for disposition. We asked you to consider the alternatives and you selected the de novo hearing, which means the case must be resolved by you based solely on the evidence presented tonight. Sergeant Morehead's attorney has objected to the proceeding, and I think that objection has been stated and preserved. You should now proceed with the matter by hearing Mr, Barbosa, who is representing management and is presenting the City's case. Thereafter/ Mr. Shaeffer BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ ^ L t 1 2 3 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 will be presenting Sergeant Morehoad's case in opposition to it. Following that, there will be a brief rebuttal by Mr. Barbosa in terms of any new evidence. After presentation of the evidence, you should make a decision affirming the city manager's determination or reversing it or modifying it. At the conclusion, if there are any questions, I will be happy to answer them now. The rules do indicate that insofar as a hearing of this kind, that you are not obligated to follow the strict rules of evidence as utilized by courts so long as you observe the substance of those rules to the end that the evidence here presented is reliable, in your opinion. I will rule on objections to evidence, which rulings are subject to your reversal. If there are any questions, I'll be happy to answer them. MR. WHITE: One question. Normally personnel matters are done privately. Is there some reason why this is being done publicly? MR. FLANDRICK: The question was whether or not the hearing should be done publicly or privately. Under the Ralph M Brown Act the city council may have an executive session to hear and consider complaints or problems related to personnel, but that's at the option of the employee. The option of Sergeant Morehead in this case is to have a public hearing. MAYOR BLEWETT: Any other questions by any members BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ ^of the council? Any questions by either one of the attorneys? MR. SHAEFFER: No. MR. BARBOSA; No. MAYOR BLEWETTt It•S Mr. Shaeffer? MR* SHAEFFER; Right. MAYOR BLEWETT: Mr. Barbosa? MR. BARBOSA; Thank you, Mr. Mayor, The first matter fd like to address is the identification of documents. Counsel has previously been shown these exhibits and I wish to mark them now for identi- fication and at the moment, let the record reflect that I am handing copies of the documents that I will identify to members of the city council, Tho first document that I'd like marked as Exhibit No. 1 is a memorandum dated May 2, 1978. It was previously marked Exhibit No, 1 on behalf of the City, We will continue that same identification. Tt is on printed letterhead Interoffice Memorandum." The second document I wish marked for identifica- tion is a letter dated July 24, 1978, to the chief of police from Captain Mertens. It was previously marked No. 2; I would continue to mark this as Exhibit No. 2 on behalf of the City. The third document I wish marked is a printed Interoffice Memorandum," dated July 25, 1978. It was previously marked l^o. 3. I would also mark this No. 3 for the purpose of this hearing, There is a fourth document to Sergeant Morehead BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ ^7 from the city manager.The date is May 31, 1978. It was previously marked Exhibit No. 4; it shall again be marked Exhibit No. 4. With that identification, I would call the first witness. Captain Mertene, and ask that he be sworn. MR. SHAEFFER: la that what'they are bning identified as? MR. BARBOSA; They arc being identified and I will submit them individually. MR. SHAEFFER; Alternatively, we can stipulate that they arc admitted. MR. BARBOSAx They are admitted. We would call Captain Merlons and ask that he be sworn. The documents referred to were marked by the notary public as City Exhibits 1, 2, 3, and 4 for identifi- cation and admitted into evidence.) TED MERTEHS, called as a witness on behalf of the City, having been duly sworn, deposed and testified as follows; DIRECT EXAMINATION BY MR. BARBOSA; CL Would you please state and spell your last name. A. Ted Mertens, M-e-r-t-e-n-s. Q. Captain Mertens, in the month of May, 1978, what was your occupation and assignment? BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ 1978 10 11 CC MIN;¢f4ɐ ^& And were plans made regarding the potential for problems that gave rise to this particular staff meeting? A, Yes, sir. We finalized our plans for deployment of the officer resources at the staff meeting. 0, * Now, during the course of that staff meeting, were persons who were under the supervision of Sergeant, Morehead, were those individuals deployed in a specific assignment for this period of time indicated in the staff memo? A. Sir, the deployment of investigative personnel was confirmed at the staff mooting* Q. So that during the course of that staff meeting how many of Sergeant Moreheadt s people v/ere assigned? A. I believe that there were four investigators assigned, QL Who under his supervision? A. If I'm not mistaken, two of them would have been directly under Sergeant Morehead and two of them would have been from the new services unit. Q. And the memo that you released and the order that you gave, did that indicate that the persons were to contact you regarding any comp time requests? A- The memo indicated, as I previously stated, that comp time had been canceled and that individuals were to contact me if they had any question as to the cancellation or reinstatement. fr Now, did Sergeant Morehead at any time on the day of the staff meeting contact you and make inquiry regarding the status of his conp time request? BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^JUW^^^^'t^S,.. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. No, sir, he did not. 0. Does, to your knowledge, rgeant Morehead have access to your residence phone number if he'd need to call you?] A, Yes, sir, lie would have access to it, CL At any time in the evening of Thursday before the Friday in question, did Sergeant Morehend contact you? A. Mo, sir. Q. Based upon your recollection in the past, when Sergeant Morehead desired to communicate with you and could not find you for a face-to-face encounter, was it over his habit or custom or practice to leave a note on your desk indicating his desire to talk to you at the first opportunity? A. Yes, sir. It occurred quite often. QL Did you go back to your desk after the scheduled staff meeting of that Thursday afternoon? A. Yes, sir, I did. Q. Did you find any note or memo from Sergeant Morehead asking to speak to you about some matter? A. No/ sir. 0. At any tine during the staff meeting he was present at the staff meeting? A. Yes. CL When his people were being deployed? A. Yes, sir. Q. Did he at any time make any inquiry of you or raise his hand or make any gesture indicating his concern about his comp time? A. I'm sorry, sir, the question was BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^11 QL At any time during the staff meeting did Sergeant Morehead ever call to your attention or called your attention t) the status of his comp time? A. No, sir. Q. How long was he present during that staff meeting? A. The staff meeting convened, I believe, at 3i30 and the sergeants were involved in the meeting until about 4i30 or 4i45. Q. So in other words, Sergeant Morehead was present in a room with you discussing deployment for over an hour? A. For approximately an hour or perhaps a little bit longer, yes, sir. 0. And at no time during that period did he ask about the status of his comp time request? A. No, sir, he didn't. Q. Now, is it correct that his request was for Friday off; is that true? A. Yes, sir. X And on Friday morning did you report to work? A. Yes, sir, I did, 0. And at any time during that day on Friday did you go looking for Sergeant Morehead? A. Yes, I did. It was early in the morning, approxi- mately 8(15, 8:20, shortly after I arrived at work. Q. Why did you go looking for him? A. It was my intention at that time to assure his deployment as supervisor for the activities for Friday night at that time. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^12 QL Was it your intention on Friday morning to assign him extra duty? A- Yes, sir. At that time, T intended to do so. & Is it because he was not present that you were unable to assign him? A. That's correct. 0, At any time on Friday morning, did Sergeant Morehead make any attempt to contact you? A. Not that I am aware of, air, MR, BARBOSA: I have nothing further. MAYOR BLEWETT: Do you have any questions, Mr. Shaeffer? MR. SHAEFFER: Yes, T do. CROSS EXAMINATION BY MR. SHAEFFER: QL Captain Mertens, what shift was Sergeant Morehead working the week of May 1st through May 5th, 1978? A. He was working a day shift in the investigative division. 0. Wan he assigned to the Detective Bureau? A. Yes, sir, he was. CL Did you become aware of Cinco de Mayo celebrations after 5;00 o'clock on Monday, May 1st? A. The information that T became aware of was developed during the daytime on Monday, in the latter part of the afternoon, and also it was confirmed and expanded upon on Tuesday. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^ 13 1 & On Monday, May 1, 1978, had the extent of the 2 problems, potential problems, been developed for the upcoming 3 weekend? 4 A. I would say to some degree they had, certainly not 5 to the degree where we could finalize or make any definite 6 plans. 7 Q. So you did not communicate tills to any of your 6 subordinates? 9 A. Not on Monday, no, sir. 10 Q. Do you recall when you prepared your memo, your 11 memo to all the watch commanders? 12 A. Yes, sir, I believe it was Tuesday morning, the 13 2nd of May. 14 Q. Is this the memo that canceled compensatory time? 15 A. That's correct, and indicated the staff meeting. 16 QL Do you recall when you prepared the memo on Tuesday 17 May 2nd? 18 A. It was in the middle part of the morning, if I 19 recall. I think it was probably between 10:30 and 11:00, 11:30 20 & What is the procedure for requesting comp time by 21 one of your subordinates? 22 A., An officer or supervisor, whatever the case may be, 23 would request compensatory time off through his immediate 24 supervisor with the request being routed to the division 25 commander. In this particular case. Sergeant Morehead is the 26 supervisor in investigative services. lie worked directly for 27 me and his roquost was communicated to me, 26 o. Do you remember when Sergeant Morehead submitted BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^14 his request for comp time to you? A. I believe it was Monday, May 1st* Q. Did you approve his request for comp time? A. Yea, sir, at that time I did. OL Did you approve his request on Monday, May 1, 197B? A. I believe it was approved at or very near the time ho gave it to me. 0, Do you recall if Sergeant Morehead worked May 2, 1978? A. I don't recall. As a result of the last hearing, I found out he was sick that day. Q. So you have no specific recollection whether Sergeant Morehead worked the 2nd? A. Not specifically, no, sir. & Do you recall whether Sergeant Morehead worked May 3, 1978? A. Again, I don't recall specifically. QL So you don't know whether Sergeant Morehead was ill on May 3rd? A- As a result of the last hearing, I learned that he was ill that day, Q. Is it customary for a duty roster to be prepared for each day? A. A duty roster is prepared for the patrol section or patrol services unit indicating the patrol officers that are deployed and their assignments and so forth. QL Is that a document that i^ customarily prepared by the department that indicates the deployment of the detectives^ BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^15 MR. BARBOSAt I am going to object as not relevant to the hearing. It makes no difference what document exists, if it's customarily used in relation to this issue. MR. FLANDRICK: I will overrule the objection. MR. SHACTTERs Would you reread the question, please? Record read,) THE WITNESS; The actual daily deployment of detectives, no, there is no specific document, pi BY MR. SIIAEFFER: Is thore an activity sheet that is prepared for the employees for each day? A. There is a radio log that, again, covers the assignment of patrol personnel as well as a daily activity sheet that's prepared by communicators for use at briefing. & Is there a document that's prepared each day that would indicate the names of the individuals who are sick on any given day? A. Again, to the best of my recollection, that applied only to patrol personnel and there was no specific document that would incorporate everybody that was ill, Q. Are there written documents that are maintained by the department which would indicate whether Sergeant Morehead was ill on a particular day? A, Yes, sir. & Would it be customary for you to review those documents each day? A. No, sir, it would not. MR, BARBOSA; Mr. Shaoffer, pardon me. Would it BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^16 expedite matters if we stipulate that Sergeant Morehead was ill on the 2nd and the 3rd? MR. SHAEFFER: Yes. MR. BARBOSAt We will stipulate to that. 0. BY MR. SHAEFFER; When did you become aware that Sergeant Morehead was ill on May 2nd and May 3rd, 1978? MR. UARBOSA; I'm going to object as irrelevant, He's been excused from duty on those particular days, \. Mr. Shaeffer. MR. SMAEFFERi Well, obviously what I am trying to get at is the knowledge of the department as to Mr. Morehead*s illness. It's our contention all along that the memo as directed is ambiguous and certainly if the department was aware of Sergeant Morehead's illness, it's our contention it was incumbent upon them to make sure that Sergeant Morehead got the May 2nd memo when it arrived. MR. FLANDRICK; Mr. Mayor, if I may. The stipulation has been made that Sergeant Morehead was ill and was excused from duty on the 2nd and the 3rd. If you want to mako an argument, Mr. Shaeffer, at this time that that's dereliction of duty, it hasn't boon established. T ask that we go on with the procedure. & BY MR. SHAEFFER: Did you personally deliver the memo of May 2, 1978, to Sergeant Morehead? A. I delivered the memo, but I did not hand it directly to Sergeant Morehead. 0, Do you recall where you placed the memo? A. Yes. I placed it in his n basket on his desk, BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^17 Q. Was Sergeant Morehead present when you placed the memo in his In basket? A. No, sir» Q. Do you recall whether there were other documents in Mr. Morehead*s In basket? A. I bclievo there were, yes, sir. QL Do you recall when you placed the document in his In basket? A. I believe it was around noon on May the 2nd, QL Do you recall seeing Sergeant Morehead on May the 4th, 1978? A. I clo^t recall, sir. Q. Do you recall whether you advised Sergeant Moreheadj of the existence of your May 2nd memo on May 4, 1978? A. Specifically, no. He showed up at the staff meeting. We had a discussion prior to the staff meeting about there still being a staff meeting. Q. Did you discuss compensatory time off at your meeting prior to the staff meeting? A. No, sir, I didn't feel the need to. QL Did Sergeant Morehead inform you that he was aware of your memo of May 2, 1978, on May 4th? A. I don't recall whether he specifically stated that or not. Q. But did he indicate to you that he was aware of the staff meeting? A, Yes, sir. QL Did your memo of May 2, 1978, indicate that all BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^18 compensatory time off was canceled until all plans were finalized? A. Yes, sir. I believe that was in there. & About plans being finalized prior to the staff meeting of May 4, 1978? A. Finalized prior to tha meeting? Q. Yes. A. They had been formulated and were finalized at the meeting in terms of the deployment of officer resources• Q. Do you recall who was present during that staff meeting? A. Lieutenant Brady, Lieutenant Iskondarian, myself, Sergeant Morehead and I don*! recall whether Sergeant Hoskin was present or not. I think he was later on in the meeting. Q. Was the subject of compensatory time off discussed during the meeting? A. No, sir, it was not. QL Do you recall what problems were discussed during the meeting? A. They wore the problems relating to the anticipated events of Friday, May the 5th, in the evening, and on May the 6th Saturday, May the 6th« Q. So it was anticipated that the problems would commence Friday evening on May the 5th? A. That's correct. Q. Was there any mention of a potential problem durind the day of May 5, 1978? A. Not for Friday, not during the daytime. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^19 0. Did Sergeant Morehead request the day of May 5, 1978, off as a comp day? A. Yes, sir, he did. Q. Was Sergeant Morehead specifically assigned to work Friday, May 5, 1978? A. On a normal assignment he was assigned to work during the daytime, yes. Q. Did you assign Sergeant Morehead to work Friday, May 5, 1978, during your staff meeting on Hay 4th? A. No, sir, I did not. & Do you recall whether there were any specific assignments of supervisors made during your staff mooting of Hay 4th? A. There were no specific assignments of supervisors made at that time. Q. Were there specific assignments as to the patrolmen? A. Yes, sir. QL Do you recall what the hours of employment of Sergeant Morehead were during the month of May, 1978? MR. BARBOSAs I am sorry; I don't understand the question. & BY MR. SHAEFFERs Do you know the hours of employ- ment of Sergeant Morohead during the month of yay, 1978? A. He was assigned generally to an 8:00 to 5;00 shift? however, on occasion he would come in earlier to about an hour earlier to review cases and handle case assignments so that they were ready for the detectives when they came to work,. QL Did Sergeant Morehcad's eight hours of employment BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^ cease at 3:30 on Thursday, May 4, 1978? MR. BARBOSA: I'm going to object. That's a vague question. MR. FI.ANDRICK; Mr. Shaeffer, I don't know what you are attempting to establish by that, by questioning the witness that way. He has testified when the day shift ended. MR. S1IAEFFER: I will be more direct. fit Was Sergeant Morehead paid overtime for compensa- tory tiroe on May 4, 1978? fl. I don't believe so. QL When did you first become aware that Sergeant Morehead did not report to work on May 5, 1978? A. Early in the morning, approximately 8:15, 8:20, something like that. Q. Did you attempt to contact Sergeant Morehoad at home to determine his location? A. Sir, I did not. MR. IZELL: What was the answer to that question? MR. FLANDRICK: Would you repeat your answer. TIin WITNESS: The answer was no, I did not, MR. FLANDRICK; Wo would appreciate it if you would speak a little closer to that microphone. We are having a little trouble hearing. Qi BY MR, SHAEFFER: Does the department have Sergeant Morehead's home phone number? A. Yes, sir. Q. Is it customary for the watch commander to carry a beeper with him when off duty? BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^ A. Watch commanders, no, sir, 0. Is it customary for Sergeant Morehead to carry a beeper when he's off duty? A. At that time in May, I think he and Sergeant Hoskin would share the duty and it's very possible that he could have had the beeper with him. Q. Did you attempt to raise Sergeant Morehead by the use of a beeper on May 5, 1978? A. No, sir, I did not. QL During the weekend of May 6th and 7th, 1978, did you c.ttempt to contact Sergeant Morehead by phone? MR. BARBOSA: Objection; I think any statement by the captain after the date of the act is irrelevant to the proceeding. The issue is was ho insubordinate on the,5th, not on the 6th or the 7th. MR. SHAEFFER; Well, I think it goes to it's offered by way of mitigation. It's certainly our contention that this problem could have been solved Friday morning by a call to Sergeant Morehead rather than waiting approximately five days to start the ball rolling, so to speak. MR. BARBOSA: nut the captain's conduct on the date after the act is solely MR. FLANDRICK: I think that's correct, Mr, Mayor. You are certainly free to make an argument, Mr* Shaeffer, as to whether the department should have called Sergeant Morehead but MR. SHAHPFKR: Unfortunately, I can't make the argument when there is no evidence. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^ I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22 MR. FLANDRICK: That hasn't seemed to stop lawyers, Mr. Shaeffer. Go ahead and make your argument. MR. SHAEFFER: May I have a ruling on the objection MR. FLANDRICK: I would suggest, Mr. Mayor, that the objection be sustained. MR. SHAEFFER: I'd like a poll of the council/ please. MR. FLANDRICK: Mr. Shaeffer, I can make the rulirg If the council wishes to overrule, it's certainly free to do so. You are not here to tell them how to handle it. The objection/ in the absence of council action to the contrary/ is sustained. Q BY MR. SHAEFFER: Did you assign the duty to one i of your subordinates to contact Sergeant Morehead by phone during the day of May 5, 1978? A No, sir, I did not. Q Did you assign the duty to contact Sergeant Morehead by beeper to one of your subordinates during the day of May 5/ 1978? A No, sir. Q When did Sergeant Morehead next report to work? A I believe it would have been Monday, the 8th. Q Do you recall whether you contacted Sergeant Morehead during Monday concerning his absence? MR. BARBOSA: Objection; it's irrelevant. MR. FLANDRICK: Again, Mr. Mayor Mr. Shaeffer, you are certainly free to make any argument you wish. Obviously, the department did not contact Sergeant Morehead either Friday, Saturday or Sunday. If you want to argue that that that is BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^23 dereliction on their part, you arc free to do so. I dor^t see the relevancy. I suggest that the objection be sustained unless counsel feels to the contrary. fr BY MR. SlIAEFFERs Is it your testimony that Sergeant Morehead has left messages on your desk in the past? A. Yes, sir, 0. Have you, in turn, left messages on Sergeant Morehoad's desk? A. Yes, sir, I have. OL Did you leave a message on Sergeant Morehead's desk on Friday, May 5, 1978? A. No, sir. ft Is it your testimony that you were trying to locate) Sergeant Morehead on Friday, May 5, 1978, to assign him to extra duty? A. Yes, sir. & And may I as3c you why you did not attempt to contact him by phone? A* At that point in time^ it v/as my decision to make, as far as the personnel resource deployment went, that X felt it was imperative that the deployment be made as oxpeditiously as possible. I did not take the time to track Sergeant Morehead down. I made other arrangements with other personnelJ Q. Did you assign another supervisor? A. Yes, sir, Q. And who was that? A. At that point in time, I confirmed the second supervisor from the field services to be on duty and alao BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^ Sergeant Hoskin was going to be available. MR. STfAEFFER: I have no further questions. MR. BARBOSA: Redirect, if I may. REDIRECT EXAMINATION BY MR. BARBOSAt OL Captain, you have indicated in reference to that staff meeting that you had deployed field personnel at that point; is that correct? A. Yes, sir. & And is it your custom and practice^ or that of the department, to assign field personnel first and to there- after assign supervisorial personnel? A. Yes, sir. 0. Now, beginning with Monday, or the first day that you received information do I understand that information was continued to be fed or filtered into the department regarding the upcoming events of that weekend? A. Yes, sir. & In other words, you were building up information coming in every day that everything was getting hot that coming weekend? A. Yes. More and more information was becoming available. 0. Now, you had a certain amount of information that Thursday afternoon relative to the events that were expected that weekend; is that correct? A. Yes, sir. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^25 Q. Did more information continue to flow into the department on Friday? A. Yes, sir. We continued getting information. Q. Did that information on Friday contribute to your need to deploy additional people for that weekend? A. The information the decision to deploy additional people had been made prior to Friday. The information received on Friday basically substantiated that information that we had received earlier, Q. In other worda, the information you had on Friday, that reinforced the demands for manpower that you made on Monday? A- Yes, sir. 0. Now, as a part of that mobilization of the department on that Monday,were the reserves of the city mobilized for action that weekend? A. Yes, they were. 0. Who was that? A. We scheduled several reserve officers to come in as well as that number I'm not exactly sure of it, but I think it was like two or three additional regular officers to come in and supplement the assigned patrol force, Q. Were those overtime positions? A. Yes, sir. The reserves are noncomp. OL But there was other personnel who were doing overtime in addition to the call-up of reserves to meet the crisis that weekend? A. That's correct. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^26 0. Now, do you know of anyone on the department during that weekend who, having requested comp time, actually enjoyed that privilege? A. No, sir. & And to your knowledge did every person who requested comp time have his conp tir-io canceled and was available for duty that weekend? A. Yes, sir. & Now, at the time that you assigned the field personnel, did you feel it necessary to specifically assign Sergeant Morehead the afternoon of Thursday, May 4th? A. Not at that time, no, ir. 0. What was your expectation at that point, given the assignments that you had made? A. Quite frankly, n»y expectation was, that having committed additional resources from the Detective Bureau, that the supervisor would have boen available or made himself available with his people having been deployed, MR. BARJ30SA: I have nothing further, MAYOR BLEWETT: Mr. Shaoffer? RECROSS EXAMINATION BY MR. SHAEFFER: Q. Captain Mertens, were there other supervisors who had requested comp time off during that weekend who were assigned to tile day shift? A. I don*! believe there were other supervisors having) requested time off during that weekend that were assigned, BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^T^SHfaEBlBgFJ-BHffiSi.l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27 C. So Sergeant Morohead was the only supervisor who worked day shifts who had requested comp time off during that weekend? A. lie was the only supervisor from the Detective Bureau who had requested comp tino, yos. 0. Were there other supervisors assigned to the day shift who requested comp time off? A. The day shift and Detective Bureau and Patrol Bureau, no, not for that weekend. Q. Do you recall the shifts of the individuals who had requested comp time off during that weekend? A. Yea, sir. Lieutenant Brady had requested comp time off and was scheduled to work a swing shift, and Officer Kuntz had requested comp time off. He was assigned to the Detective Bureau working daytine hours and his conp time off was denied, Q. When was the problen or the expected problems developed over that weekend? A. We expected it between 7:00 or 8;00 o'clock on Friday and fron then on, 0 So tlits would bo between the swing shift and the graveyard shift? A- And the swing shift and the day shift on Saturday, yes. CL So the day shift on Saturday was also involved? A. Yes, sir. Q. Do you recall whether Sergeant More ho id had Saturday and Sunday off during the; nonth of May/ 1978? BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ ^28 A. Yen, sir, he did. Q. Those were his normal days off? A. Yea, sir. MR. SHAEFFER; I have nothing further. MR. BARBOSA: No redirect. MR. FLANDRICK: If there are no questions by the council, Mr. Mayor, I suggest Captain Mertens bo excused. MAYOR BLEWETT: No questions; you are excused. MR. BARBOSA: We next call Sergeant Koskin and ask that he be sworn. MAYOR BLEW^TT: Swear Sergeant Hoskin in, please. RICHARD HOSKIN, called as a witness on behalf of the City, having been duly sworn, deposed and testified as follows: DIRECT EXAMINATION BY MR. BARBOSA; Q. Sergeant Hoskin, state your name and spell your last name, please. A. Ricliard Hoskin, I-o-s-k-i-n. Q. Sergeant Hoskin, on the weekend of May 1, 1978, what was your occupation and assignment? A, Supervisor, Investigative Services Bureau, HR» BARBOSA: One moment, ploase. 0. All right. Sergeant Hoskin, did you receive a memo from the captain dated Flay 2, 19 7?}, regarding the cancellation of comp time and the scheduling of an emergency BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ!^29 staff meeting? A. Yes. I did receive a copy of the memo prepared by the captain. QL In your mind, was there any ambiguity in that command? A. In my opinion, I didn't see any ambiguity, fr How, did you have occasion to have a conversation with Sergeant Morehead sometime on May 4, I978? A. Yes, I did, I had a conversation prior to the 5th exactly to say it was the 4th, I don't know but I did know it was prior to the 5th. Q. Now, what was that conversation about that you had with Sergeant Morehead? A. John and I discussed the memo that canceled the comp time. MR, FLANDRICK; You are referring to Exhibit I? MR. BARBOSA; Exhibit 1, the captain's memo. Q. You are referring to that? is that correct? A. Yes, that's correct. QL And you had a conversation with Sergeant Morehead relative to that memo and the cancellation of comp time? A. That's correct. QL Now, did this conversation take place prior to or after the staff meeting of May 4th? A. Prior to the staff meeting. fr And did you both appear at that staff meeting? A. As I recall, yes. Q. Did you have any conversation with Sergeant rtoreheai BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ"^30 after the staff meeting of the 4th? A. Not specifically that I rnmenber. QL Do you recall any conversation between Sergeant Morehead and Detective Kuntz any time on May 4, 1978, that Thursday? A. The three of us diet have a conversation on the morning of the 5th. Q. Now, going back to the conversation of the 4th that you had with Sergeant Morehead, approximately what time of the day was that conversation? A. It was in the afternoon. Q. Now, on the 5th, you were present, together with Detective Kuntz and Sergeant Morehead? A. Yes, that's true. 0. Were you one of the speaJ'-or^ in that conversation, or merely present? A. I was a speaker. & And would you please relate to the city council the sum and substance of that conversation between the three of you? A. John and I worked in the same office. One of John's men came to me and requested that he take the afternoon off. He explained that he had cleared that previously with Sergeant Morehead. I explained to that man that I had not heard from Morohead and that I could not approve his request for that reason. 0. You had a conversation with Detective Kuntz in regard to his conp time? BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ#^ t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 A. Yea, I am getting to that. Q. Now, was Sergeant Morehead present during the conversation you had with Detective Kuntz? A. He arrived as we discussed it. 0. Was there any conversation contributed by Sergeant Morehead in your presence? A. YGS, there was. CL And what was his conversation? A. Specifically, I can't relate it. I don't recall the words verbatim. He and Kunt^ exchanged words. I was standing there, but I can't recall exactly what his reply was. Q. Now, do I understand your testimony that Detective Kuntz came up to you with the request for corap time and you indicated that you could not and you gave what reasons for that? A. I cited the fact that I did not hear from Morehead approving his request. QL I'm sorry. I missed the first part of your answer. A. I explained to him that I did not hear from Morehead and for that reason I could not approve his request. Additionally, the captain had canceled all comp tiniG. & And it was at that point that Sergeant Horehead appeared in the conversation? A. That's true. Detective Kuntz was very upset at that point and he asked IIorchead in my presence whether he had asked me about his request, Q. And did Kunts state to Morohead in your presence that Kuntz had requested, of you, comp fcimc off? BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ$^32 A. Kuntz asked Morehead if Morehead asked me about it or conveyed the request. CL And what was the result of that conversation? A. As I recall, John told him, no, he hadn't asked me about it for bin. MR. RARnoSA: I have nothing further, MR., FLANORICK: Mr. haeffer. CROSS EXAMINATION BY MR. SHAEFFER: 0, Sergeant Hoskin/ when did you receive the memo of May 2, 19787 A. It was during the week of the 5th. John handed the copy of the memo to me. I had not seen it prior to that. 0, Do you recall the date of the memo? A. No, I don't. Q. Is it your testimony that Sergeant Morehead handed you a copy of the memo on May 2, 1978? A. That's true not on May 2nd. Q. Well A. During that week, 0. But you don't recall specifically him handing it to you? A. Could you restate that? & Is it your testimony that Sergeant Morehead handed to you a copy of the May 2, 1978 nemo canceling comp time? A. That's true. QL Do you recall when he handed that memo to you? BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ%^33 A. During the week of the 5th» 0. Did you have the occasion to look through your In basket during the week of May 2, 197fl? A. Several times. Q. Did you discover a copy of the May 2, 1978 memo? A. Not before John and I discovered the memo more or less simultaneously. 0. Are you a watch commander? A. No, I am not. Q. Did you attend the staff meeting? A. Yes, I did. Q. Do you recall whether Sergeant Morehead handed you a copy of the May 2, 1978 memo before or after the staff meeting of May 4, 1978? A. It was before the staff meeting. & Do you recall the period of time before the staff meeting that he handed it to you? A. I'm hard pressed at this late date. I can only recall the situation and vaguely what the circumstances were. Q. Do you recall whether you were handed the memo one day before the staff meeting? A. I can't bo that specific. MR. SHACTFER; I have no further questions. MR. BARBOSA: Just one question. REDIRECT EXAMINATION BY MR. BARBOSA: Q, Sergeant IIoskin, do you recall the time on May 5th BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ&^ that you had the conversation in the presence of Sergeant Morehead with Detective Kuntz? A. It was approximately 9:00 a.m. MR. BARBOSA; Hothing further. MR. FLANDRICK: Mr. Mayor MR. WHITE; I have a question. Did you see Sergeant Morehead when he came into the station to pick up his check on May 5th? THE WITNESS; Yes, sir, I did. MR. WHITE: And did he indicate to you that he had been aware of that memo at that time? THE WITNESS: Verbally in conversation, no. However, he and I discussed the memo prior to him appearing that rooming. MR. WHITE: Thank yon. MR. McNEILL; I have one question if you don't mind Sergoant, where did you got your memo? Did you get it out of the basket, off your desk, or was it mailed to you or what? THE WITNESS: It was handed to mo by John. MR, McNEILL: Your memo was handed to you by John? THE WITNE&S; That's right. MR. McNEILL: Thank you. MAYOR BLEWETT; For the record, I think that's John Morehead; is that correct? THE WITNESS: Yes, thrift correct. MR. BARBOSA: I have nothing further. MR. FLANDRICK: If there are no further questions, BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ'^35 may I suggest that Sergeant Hoskin also be excused* MAYOR BLEWETT: You aro excused. THE WITNESS: Thank you. MR. BARBOSA: Just a moment, please, MAYOR BLEWETT: We will take a two-minute recess• Brief recess.) MAYOR BLEWKTT: Wo arc buck in session. May the record reflect that everybody that was here is here and that we all have the score of the ball game, 11R. BARBOSA: Mr. Mayor, I be 1ieve the four exhibits have been received in evidence. MR. FLANDRICK: That's correct. MR. nARBOSA: With that, the City would rest. MR. SHAEFFER: Okay. I would like to call as my first witness Captain Mertens. May I go get him? MAYOR BLEWETT: I thought Captain Mertens was excused. MR. SHAEFFER: Well, he was excused from direct testimony. In cross-examination of the City's case, there was some evidence that came up that I didn't anticipate and I'm calling Captain Mertens for that purpose. MR. FLANORICK; Mr. Mayor, we should afford him the opportunity to present the witness if he can find him. MR. SHAEFFER: I will put on Sergeant Morehead and dispense with it that way. I havo two documents that I'd like to have introduced into evidence. One i.s marked for identification as Appellant's A and it concerns the request BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ(^36 MR. FLANDRICKs Just a second, would you show Mr. Barbosa. MR. BARBOSA: I have seen them. MR. FLANDRICK; Do you have any objection? MR, BARBOSA: I don't have any objection to either A or B. MR. FLANDRICK: A and n will bo marked and presented for identification. MR. SIIAEFFER; Would you like them described? MR, FLANDRICK; Would you like to pass them to the council, MAYOR BLEWETT; Pa S3 them to the council and as they are passed, tell us what they are. MR. SIIAEFFERi Appellant's A is Morehead's request for a coznp date on 5-5-78, Appellant's B is Personnel Transactions of the City," which indicate that Sergeant Morehead was ill on May 3rd and 4th. We have a separate file for evidence? MR. FLANDRICK: The clerk has all original copies. MR. SllAEFFER: I will give these to her after the hearing. MAYOR DLEWETT: Excuse me. You said lie was sick on 5-3 and 5-4, or are you talking about 5-2 and 5-3? MR, SIIAEFFER: 5-2 and 5-3. MAYOR BLEWETT: Because you did say 5-3 and 5-4. MR. SHAEFFER: It was 5-2 and 5-3. That's what's been stipulated, that he was ill on Tuesday and Wednesday, May 2nd and 3rd, 1978. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ)^37 MAYOR BLTfrJETT: Okay. Proceed. MR. SHAEFFER: I'd like to make an opening state- ment It will be the testimony of Sergeant Morehead that a misunderstanding existed as to the meaning of the memo of May 2, 1978, The evidence will show that Sergeant Morohead followed the procedure for requesting comp time. The request was made on May 1st, a Monday. It was approved by Captain Mertens on May 1, 1978. The evidence will further show that Sergeant Morehead was ill May 2nd and May 3rd, as has been stipulated to. The evidence will show that Sergeant Morehead returned to work on May 4, 1978, Thursday morning. Sergeant Morehead had a great deal of material in his In basket. Included in the material was a memo dated May 2, 1978, from Captain Mertens. Sergeant Morehoad did not have an opportunity to review the memo prior to the meeting with the division commander on May 4, 1978. Sergeant Hoskin informed Sergeant Morehead of the meeting and that conp time was canceled pending the outcome of the meeting, Sergeant Morohead reported to work on May 4, 1978 at the appointed time. He attended the meeting with the other watch commanders on his own time and received no other pay or compensatory time off. During the meeting there was no mention of comp time or its cancellation. Furthermore, the meeting disclosed that the problems that were expected would commence Friday evening. May 5, 1978. The problems would, therefore, not affect Sergeant Morohoad and that Sergoant BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ*^38 Morehead had requested a compensatory time off for Friday, during the day. Sergeant Morehead was excused from the meeting and went back to his desk and for the first time discovered the May 2nd memo. Thu evidence will show that Sergeant Morehead reviewed the meno and discovered that it indicated that all compensatory time was canceled until plans were finalized. Sergeant Morehnad assumed from the meeting, the staff meeting, that the plans had been finalized, and since there was no mention of compensatory time off or its cancellation, based on the fact that the problems were expected to occur during the evening, he assumed he was not affected by the memo, The evidence will Finally show that Sergeant Morehead attempted to contact Captain Mertens after the meeting| after he had boon excused. lie made attempts up to approxi- mately 5:15 and was unsuccessful. At no time during Friday, Saturday or Sunday, was Sergeant Morehead contacted by any member of the department to request him to report for duty, Finally, Sergeant Morehead was not disciplined until Tuesday, May 9, 1978. The testimony will finally indicate that Sergeant Morehead did not intentionally disregard an order by the department. The order was misunderstood and the penalties were not warranted. I call Sergeant Morehead, MAYOR BLEWETT: Madam Clerk, would you swear the witness. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ+^39 The documents referred to were marked by the notary public as Appellant's Exhibits A and B for identifi- cation and admitted into evidence.) JOHN MOREIIGAD, called as a witness on his own behalf, having been duly sworn, deposed and testified as follows: DIRECT EXAMINATION BY MR, SHAEFFER: QL Sergeant Morehead, are you employed by the Baldwin Park Police Department? A. Yes, I am. Q. And in what capacity? A. My current rank is a sergeant. I'm a supervisor in the Investi9ative Service Division. Q. When were you hired by the Baldwin Park Police Department? A- July of 1963. & When were you promoted to the rank of sergeant? A. July, 1972. & Have you retained that rank since July, 1972? A. Yes, I have. Q. What shift are you currently assigned to? \ A. Days, Monday through Friday. OL And what are your hours of employment? A. Presently 8:30 to 5:00. & What shift were you assigned to in May of 1978? BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ,^40 A. I was assigned to an earlier shift during the same days during the week, 7:00 to 3x30. 0. Who is your immediate supervisor? A. Then? Q. Yes, in May of 1978. A. Captain Mertens. & Did you submit a request for comp time on May 1, 1978? A. Yes, I did. QL Did you submit the request according to the customary practices of the department? A. Yes. Qi Was that comp day approved? A. Yes, it was. C. Do you recall when the comp day was approved? A. The same day, on the Monday. OL Were you ill on May 2nd and 3rd, 1978? A. Yes. X On May 1, 1978, did you assume that you had approval to take compensatory time off on Friday, May 5, 1978? A. Yes. Q. Do you recall when you next reported to work during the week of May 1, 1978? i A. It was Thursday, May 4th. Q. Were you aware of the meeting of the watch commanders that was set for May 4, 1978? A. I was aware of that meeting after 1 had gone to work, ye s. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ-^ Q. How did you become aware of that meeting? A. I had a discussion with Sergeant Hoskin and he advised me of the meeting at 3x30 in the afternoon. Q. Do you recall when he advised you that a meeting would take place later that afternoon? A. 8:30, 9:00 o'clock in the morning. Did he explain to you the purpose of the meeting? A. He originally indicated that there was a meeting that afternoon to discuss the MR. McNEILL: Excuse me. Could I hear that question again. I didn't get that question. MR. SHAEFFER: Would you read MR. McNEILL: The answer is all I'd like to hear. I didn't hear the answer. THE; WITNESS: He explained to me that there was a meeting in the afternoon, which was the 4th, and it had to do with dealing with the gang problem that weekend, MR. McNEILL: Thank you. QL BY MR. SHAEFFER: Did he advise you that all compensatory time was canceled? A. Yes. QL Did he further advise you that all compensatory time was canceled until plans were finalized? A. No, I don't believe he said that. QL So did you assume, prior to attending the staff meeting on May 4th, that all conponsatory time off had been canceled? A. Yes. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ.^42 QL Did you assume that your comp time had been cancc A. Yes. Q. Do you recall the purpose of the staff meeting which you attended? A. Yes, I do. 0. What was that purpose? A. Information was received through the department that there was an expected escalation of gang activity for tl weekend, 5, 6 and 7, due to the Cinco de Mayo celebration. The purpose of the meeting was to discuss eKtra. people for duty and so on. MR. BARBOSA; Mr. Mayor, could he please speak i) the microphone. MR. FLANDRICK; Please speak into the microphone and a little louder, please. MR. SHAEFFER: Can the microphone be extended, Sergeant Morehead? MR. FLANDRICK: Unfortunately, it can't. MR. SIIAEFFER; Can you extend it? TOE WITNESS: That's about as far as it will go. QL BY MR. SHAEFFER: Is there a particular time of day that was mentioned as the problem time? A. The particular time of the day for the meeting? Q. No. During the staff meeting was there a particular time of day that was mentioned as the problem tim during the Cinco de Hayo celebration? A. Yes, there was. Q, And what was that tine of day? BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ/^43 A. The early evening hours of Friday the 5th» approximately from 7;00 o'clock on. Q. Was there a discussion of potential problems during the day of Friday, May 5, 1978? A. No, there was not. Q. During the staff meeting of May 4, 1978, was the cancellation of comp time discussed during that meeting? A. Not while I was there. & Did you attend the entire staff meeting? A. No. Q. Do you recall what time you were excused from the staff meeting? A. Approximately 4:30. OL What were your regular hours of duty on May 4, 1978 A. 7:00 to 3;30. 0, Did you request comp tine or overtime for this staff meeting? A. No, I did not. Q. Was there a reason why you didn't? A. Yes. & And what was that reason? A. There had been several previous staff meetings where people had attended and requested comp time and comp time was not given for the time spent at meetings over and above their normal hours. 4 QL At whose direction wan that? A. I believe it was the chief and the captain. I'm not sure. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ0^44 fr During the staff meeting of Hay 4, 1978^ were you assigned to work Hay 5, 19787 A. I was not specifically assigned to work that day with regards to the extra duty. Q. Were your expected duties for May 5, 1978 discussec during that staff meeting? A. No. & Was the subject of the assignment of John Morehead discussed during the staff meeting? A. No. 0, Do you recall whether the memo of May 2, 1978, was discussed during the staff meeting? A. Not while I was there. Q. Were you assigned to work the weekend of May 6th and May 7th, 1970? MR. BARBOSA; Objection; it's irrelevant whether he was assigned on the date after the date of the incident, MR. FLANDRICK: Apparently there is no disagreement, so the objection should be sustained, ft BY MR. SHAEFFER: Did Sergeant IIoskin attend that staff meeting of May 4, 1978? A. Yea. 0. Were you and he excused at the same time on May 4, 19787 A. Yes, we were. Q. Do you recall your activities of May 4, 1978, after being excused from the staff meeting? A. Yes, I do. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ1^45 O. What were those activities? A. I returned to my desk and was finishing up some paperwork that had accumulated in my in basket the previous \ day during that week for which I was absent, and after going through some of the paperwork, it was then that I actually saw a written copy- of the memo advising us of the staff meeting and that all comp time would be canceled pending finalization of plans. QL Had you seen the memo of May 6, 1978, prior to the time you reviewed it after being excused from the staff meeting? A. No, I did not* 0. Do you recall whether anyone in the department had shown you a copy of the memo prior to the staff meeting? A. No, I did not see it until that time. Q. So your only knowledge of the memo was that that was related to you by Sergeant IIoskin? A. That's correct. 0. Do you recall what your understanding of the memo was after reading it? A. Yes. Q. And what was your understanding? A. The understanding I had at that time was that there was going to be a meeting on the 4th that was to begin at 3:30 to discuss the anticipated gang activity and that until) plans had been finalized, all comp time was to be canceled, Q. Did you feel, after reading that memo, that your comp timo had been canceled? A. No, because at that point I felt all plans had beerj BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ2^46 finalized and plans that were made during that meeting did not affect me. 0. So it was your understanding after reading the memo that your comp time was not canceled? A. That*? correct because I felt that the plans had been finalized and that's how I interpreted the memo. Q. Did you attempt to contact Captain Mertens? A. Yen, I did. & Do you recall whether your attempts were successful? A. No, they were not, I did not locate him. 0. Wan Captain riertens r.till in the staff meeting? A. Yes, that's where he was at. 0. Did you make an attempt to interrupt the staff meeting? A. No. X Was there a reason why you didn't? A. Yes. Q. What is that reason? A. Because I had been excused from the meeting. It was my opinion flint I was no longer wanted there because they were discussing some other matters and it wasn't ny normal thing to do, to interrupt a meeting as such. OL Do you recall what time you left the station on May 4, 1978? A. Sometime after 5:00 o'clock, CL Do you recall the exact time? A. Between 5:15 and 5:30. 0. Do you recall how many times you attempted to BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ3^47 contact Captain Mertens? A. I went to his office; he wasn't there. I asked someone in personnel, who said he was still in a meeting. The meeting was being held upstairs in the old city hall. The stairway leading to that area was directly in the area where my desk was. He did not come down from that meeting and that's when I left. MAYOR BLEWETT: Did you leave a message for Captain Mertens to call you? THE WITNESS: No, I didn't. CL BY MR. SHAEFFER: Wore you assigned to work Friday evening or during the weekend? A. NO. Q. Do you recall seeing a memo of May 1, 1978, prior to May 4, 1978? A. No. Q. Do you recall when you next reported to the station? A. Yes. It was the following Monday morning. QL Did you go by the station on Friday to pick up your paycheck? A- Yes, I did. Q. How long did you remain at the station? A. Fivo, ten minutes. MR. AGUILARt When you went to pick up your check at the station, did you make any attempt to contact the captair?1 THE WITNESS: No, I didn't. & I3Y MR, SHAEFFER: Wore you contacted by the BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ4^48 department between the time you picked up your paycheck on Friday, and Monday morning when you reported for duty? A. Mo, I was not, Q. Did you customarily carry a beeper with you? A. Yes. At that tine, I did. CL Did the department attempt to raise you by the beeper or by phone? A. I received no phone calls from the department, nor did my beeper sound during that period. MAYOR BLEWETT: You did have your beeper on on that Friday? TIin WITNESS; Yes, sir, I did. QL BY MR. SHAEFFER: Do you recall when you were approached by one of your supervisors regarding your absence on May 5, 1978? MR. BAREOSA: Objection; it's irrelevant as to any conversation he had with anybody after the date of the incident) MR. SHAEFFER: I-think I have explained the reason for this question. MR. FLANDRICK; I don't recall what it is. MR. SHAEFFER: You don't recall? Well, as I indicated to you earlier, it's our contention that an ambiguity existed. I think that the department was just as responsible as Sergeant Morehead was in contacting the other party. I think, as I indicated to you earlier, this problem could have been avoided if Sergeant Morehead had been contacted Friday morning rather than Monday. MR. FLANDRICK: The question relating to Monday, BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ5^49 the 8th, I suggest that the objection be sustained. fr BY MR. SIIAEFFER: When did you first find out that disciplinary action was first contemplated? A. Would you repeat that? Q. When were you first contacted by the department that disciplinary action was contemplated for your absence of May 5, 1978? A. I believe it was the 9th, the following Tuesday, MR. SHAEFFER: I have no further questions. CROSS EXAMINATION BY MR. BARBOSA: & Sergeant Morehead, I understand that you have been employed as a police officer since 1963; is that correct? A. Yes. QL You have been a supervisor, now, for six years as a sergeant; is that correct? A. Yes. & In your career as a sergeant, have you had occasion to make out written reports? A. Make what? 0. Make out written reports on your activities? A. Yes. & Do you, yourself, feol you have any difficulty in expressing yourself in writing? A. No. X Do you write a good report? MR. SHAEFFER; Could I ask what the relevance of BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ6^50 this is? MR. BARBOSA: It's foundational. MR, SHAEFFER: For what? MR. BARBOSA: I'm entitled to question him as broadly as I want on his conduct and on his understanding of the memo. I am laying a foundation of what his practice and custom was, what his experience in writing memos to determine how he understands memos are written to him. MR. SHAEFFER: I will stipulate that Sergeant Morehead prepares good memos. MR. BARBOSA: All right. & Sergeant, you have no difficulty in expressing yourself? is that correct? A. I have no difficulty, no. 0, Did you find anything ambiguous in that memo that was sent to you regarding the meeting and the cancellation of comp time? A. No. I read the memo. It indicated until plans were finalized, all comp time would be canceled and that's what I assumed. 0. And what else did that memo say? MR. FLANDRICK: Excuse me. Do you have a copy of it? THE WITNESS: I don't have a copy of it in front of me, no. MR. FLANPRICK: Give it to the sergeant. MR. BARBOSA: I will give you a copy that I have marked as No. 1, BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ7^51 QL I direct your attention to that portion of the memo which I have underlined in rod marker. Would you please read out loud that sentence* A. It says, Please check with me on Thursday morning to confirm the staff meeting and the status of pending comp time requests." Q. All right. Is there any ambiguity in that command by Captain Mertens relative to any cancellation of comp time? A. No, I attempted to do that, & Now, if I understand your testimony, that going into that staff meeting you assumed that your comp time had been canceled; is that correct? A. That's right. QL You had no ambiguity, no reservations, no doubts in your mind that your comp tine had boen canceled? A. That's right, because I hadn't read the memo as of that time, QL Now, the memo says that Comp time has been canceled until plans have been finalized," Is that correct? A. That's correct. 0. Now, in your experience, is it customary in the department assignments of field personnel, lower ranked personnel, to be made first and that subsequent to that time, supervisory personnel would be placed in positions? MR, SIIAEFFERt Objection; that's a compound questio i MR. BARBOSA; Well, I will rephrase the question, Ct Isn't it customary for field personnel to bo assigned before supervisory personnel are assigned? BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ8^ A. Sometimes, yes. 0. When would it not happen? A. During special events like parades and carnivals, things of that nature. 0. On those occasions, field personnel would not be assigned before the supervisory personnel? A. No. They are made at the same time, & So either assignments are made at the same time or either supervisors are assigned after the field personnel; is that correct? A. Sometimes, yes. Q. And when they weren't assigned subsequent to field personnel, they were assigned at the same time? MR, SHAEFFERs That's an ambiguous question. You don't have to MR. FLANDRICK: Well, just a second, Mr. Shaeffer. If a witness has trouble understanding the queatior, perhaps you can rephrase it so he will be able to answer it. MR. BARBOSA; I will rephrase the question. & Well, Sergeant, then, it is clear that there are two components to plans field personnel and supervisory personnel; is that correct? A. Yes. But sometimes the field personnel do include supervisory personnel. Q. But there are those two components, isn't there? A. Right. & Now, at the conclusion of your participation in th< staff meeting of Thursday, supervisory personnel had not been BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ9^53 assigned; is that correct? A. They never were assigned, correct. & Well, they weren't assigned in your presence? is that correct? A. That's correct. Q. Well, do you know if any assignments of supervisory] personnel were made at any time Friday? A. No, there was none made. Q. Well, you weren't in the station on Friday, were you? A. That's correct. Q. Then how do you know whether or not supervisory personnel were assigned after the meeting Thursday? A. Because I questioned supervisory personnel and none) other than those that wero normally assigned to work Friday evening, Saturday evening, the normal shifts for those days were assigned* The only extra people who wero assigned were nonsupervisory personnel. Q. Sergeant Morehead, when did you determine that no other assignments had been made? Was that before or after Friday, May 5th? A. I did not ask the question until after I had come back to work. & So you learned on Monday that supervisory personnel) had not been assigned but you didn't know that on Friday, did you? A. Yes, I did, because I was unassigned, 0. Well, you didn't know on Thursday whether BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ:^ supervisory personnel had been assigned, did you? Brief recess,) MR. BARBOSA: I would ask the reporter to read back the last question. Record read.) MR. SHAEFFTOs I didn't hear the question. MR. BARBOSAt I will repeat the question, MR. FLANDRICK; He will restate the question if you give him a chance, Q. BY MR. BARBOSA; You did not know on Thursday whether or not any personnel had been assigned? A. Yes, I did know that. & You knew they had not been assigned? A. That's correct. Q. Yet in your mind you understood that plans had been finalized? A. That's right. & Without any deployment of supervisory personnel? A. That's correct. Them was sufficient supervisory personnel on duty. Q. In whose opinion? A. Pardon? I In whose opinion was there sufficient supervisory personnel? A. In roy opinion and the captain that made out the roster. 0. Arc you saying A- That's the opinion I formed during the meeting BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ;^55 when I was excused. That portion of the meeting that dealt with the anticipated problems that weekend had already been discussed and we were moving on to other agenda items. Myself and other sergeants were excused. Q. So at the end of that staff meeting you understood that plans were finalized and you were not included? A. That*6 correct, Q. Why did you wait around? A. I didn't hear the question. QL Why did you wait around after you were excused from the staff meeting? A. Because I did not read the memo until after I had left the meeting and went down to the office. It says Check with Captain Mertens." Q. And was there any ambiguity in your mind as to what) was meant by checking with Captain Mertens? A. What? Q. Was that command ambiguous to you? A. Yes, it was. Q. In what regard? A. It said until plans were finalized," and then it said to check with him on Thursday morning, and I didn't receive the memo until somewhat after the meeting of Thursday afternoon, 0. So it was your understanding, because of the order to check with the captain that it indicated check with me in the morning" you felt that it was no longer essential for you to check with him in the afternoon regarding your comp BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ<^56 time? A. No, that's why I checked. C. You didn't remain around to clear it up; is that correct? A. No audible response.) Q. You didn't remain? That's correct. Q. So how long did you wait until after your staff meeting? A. An hour, 45 minutes. Q. An hour and 45 minutes after you were excused from the staff meeting? A. I'm sorry. 45 minutes. Q. All right. Do you know where you went after you left the station? MR. SIIAEFFER: Objection? that's irrelevant. MR. BARBOSA: It's directly relevant. I will withdraw the question. MR. SHAEFFEH; My objection is that MR. FLANDRICK: The question has been withdrawn. Do you have another question, Mr. narbosa? Q. BY MR. BARBOSA: What was so important that you couldn't wait for 15 more minutes? MR. GHAEFFERs Objection; that's argumentative. MR. FLANDRICKs Mr. Barbosa MR. BARBOSA: I will withdraw the question. Q. On Friday morning you came into the station to collect your check; is that correct? BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ=^57 A. Yes. Q. Approximately what time was that? A. 9;15, 9:30. CL And how long were you in the station? A. Five minutes, maybe a few more. 0. Did you have a conversation with Detective Kuntz that morning? A. Somewhat, yea* 0. Did he come up to you and ask for comp time off? A. No. & Was Sergeant Hoskin present during any portion of any conversation you may have had with Detective Kuntz? A. Yes. QL And would you relate the circumstances that gave rise to that conversation between ycu, Sergeant Hoskin and Detective Kunts? A. I believe the question was asked, and I don't recall if it was by either Kuntz or Hoskin as to whether or not I had discussed with Sergeant Hoskin that had I previously told Kuntz that he could or could not have time off for Friday, some comp time. That was the gist of the conver- sation. 0. All right. Now, was there any further conversatior by either Kuntz or Sergeant Ho skin after that statement was made? A, Well, to the effect that T did not discuss it with Hoskin and that Hoskin had already made some kind of a decisior with Kuntz. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ>^58 & Now; you have indicated in your direct testimony that the trouble time was identified an after or in the evening hours of Friday; is that correct? A. Yes. I 0. Why did you assume, or why did you conclude that you were not affected? Didn't you think that you might be assigned for extra duty on Friday? MR. SHAEFFER: Objection; that's a compound question. MR. BARBOSA; I will withdraw that. & Sergeant Morehead, did you think, that you could not be assigned for Friday evening? A- No. & Why not? A. Pardon? QL Why did you think you couldn't be assigned to do overtime? A- Because the time to time things developed, Q. I'm sorry? A. I say things developed every day from time to time^ like at 8:00 o'clock that night they might have had a massive riot in the city and they may have called in the whole force. & That's correct. Now, you have experience in the kind of disturbance that was predicted for that weekend, don't you? A. Yes. Q. You know what a 415, disturbing the peace is, don't you? BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ?^59 A. That's correct. fr And isn't it true that sometines those MR. SHAEFFER: Asked and answered. Sergeant Morehead has already testified that on occasion an entire department is called in to respond to calls. MR, FLANDRICK: I don't think that was the question) I'm sorry. Let him answer, Do you understand the question? THE WITNESS; I understood the question, yes. MR. FLANDRICKs Will you answer the question? THE WITNESS: Pardon? MR. FLANDRICK; Will you answer the question, please, THE WITNESS: Yes. From time to time people are called why don't you repeat the question, please. MR. BARBOSA: Let me ask a different question. QL You indicated in part of your testimony that you couldn't locate Captain Mcrtens; is that not correct? A. I indicated that, but I knew where he was at. I wasn't about to interrupt hin, Q. Do you know who was in the meeting that Captain Mertens was in with? A. Yes. Q. Who was in that meeting, to the best of your knowledge? A- When I left, I believe the chief was there, three lieutenants and Captain Mertens, CL Is there any one of those persons you montionod in BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ@^60 front of whom you would not care to discuss the matter of your comp time? A. No. Q. Was there any reason that you had not to interrupt that meeting and clarify your status? A. Yes. fr What was that? A. Because I was specifically dismissed from that meeting because they were discussing another matter that did not concern me. Q. Well, do you recall the specific command given by Captain Mertens saying, Sergeant Hoskin, and Lieutenant Brady" or whoever else it was you are excused, and Sergeant Morehead, we will see you next Monday"? Was the captain that explicit in excusing you? A. I can tell you what the exact command was. Q. Would you, please. A. Yes. Morehead and Iloskin, you are dismissed." Q. At that time, did you raise any inquiry regarding your status? A. No, I did not, Q. At any time during that one-hour meeting you had with Captain Mertens, did you briny up your comp request? A. No, because I had not seen the memo at that time. QL But you went into the meeting knowing that the comp time had been canceled? A. Yes. & Well, was it clear in your mind that your comp time) BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐA^61 was canceled or was it still on? MR. SnAErFLK: t what point in time? Q. BY MR. BAR^OSA; At the time you wore in that staff meeting, was it your opinion that your comp time was canceled or still on? A. It was my opinion that the corap tine had been canceled. When I left the meeting and had sat down and read the memo, it said until plans are finalized*- That's when the doubt appeared in my mind and then I formed the opinion that since all plans wero finalized it did not affect the hours in which I would be off during the comp time hours, that it did not pertain to mo then, QL So you had a doubt in your mind but you resolved it for yourself, is that correct, based upon you- reading of the memo? A. That's correct, and after I waited around a^d was unable to contact Captain Mertens. 0. Well, if you came to an understanding of the nomo when you read it at your desk, why did you have to wait for Captain Martens? A. Because there is another statement in there that says Please check with me in the. morning•** Because it said that, I took it upon myself that I should make an attempt to contact Captain Hortens. & And you did make an attempt to contact him, didn't you? A. Yes, I did. Q. And then you gave up on that attempt, didn't you? BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐB^62 A. Yes, I did. Q. For what reason? A. Because I got my normal time was 7:00 to 3:30. I wasn't getting paid for the extra two hours plus and I didn't feel like sticking around any longer. I felt like I had an obligation and I waited for him to come down. QL You had other plans that evening? A. That's correct. Q. And that's why you didn't wait around? A. night. After that time, yes. MR. BARBOSA: Thank you very much? nothing further. REDIRECT EXAMINATION BY MR. SHAEFFER: Q. Sergeant Morehead, were only regularly assigned supervisors working during the weekend. May 5th through May 7th, 1978? A. Yes. 0. Did you discover that additional supervisors were assigned to work during that weekend period? A. No. QL During the weekend, were you ever requested to respond to the station to participate in MR. BARBOSA: I'm going to object. That's been asked and answered. MR. SHAEFFER: That has not been asked and answere< MR. FLANDRICK; At leapt five times, Mr. Shaeffer. GL DY MR. SHAEFFKR: Is it your testimony that you BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐC^ didn't wait any longer than you did for Captain Her tens because you were not paid overtime for remaining at the station? A. Yes, and then 1 had some other plans that evening, & Do you think two hours of overtime for which you are not being paid is a reasonable period of time? MR. BARBOSA: Objection; that's irrelevant. MR. FLANDRICK; I think it's a reasonable question. I think it's relevant. I suggest that you answer. THE WITNESS; Would you repeat it, please? CL BY MR. SHAEFFER: Do you think that two hours of overtime for which you are not paid overtime or corap time is a reasonable period of time to give to the City of Baldwin Park? A. Yes. & Did you assume that if there was any difficulty with you taking the corn? tiroe that you would be contacted by the department to request that you appear? A. Yes, sin^e I was assigned the beeper, I could be contacted any time, night or day, by phone. CL So if you assumed there was a problem, the department would most likely contact you? A. I have been contacted many times during the week and during the night. & Have you baen requested to respond to calls while during your off-duty hours? A. Yes. & So it's not unusual for personnel to be called in by the department while off duty? BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐD^64 A. No. Specifically, when I am on the on-call duty roster, that's when I am assigned the beeper. MR. SITAEFFnR: I have nothing further. MR. BARDOSA: Just one moment, please. MR. FLANDRICK; Does anybody on the council have any further quo at ion a? MR. nARBOSA: I have no further questions. MR. McNEILL: Sergeant Morehead, I'd like to ask ybu a couple questions, please. One I*d like to know is in the past since you have been with tho department, I believe since 63, is it customary for the department to call you in on comp tine or has it ever happened to you before on your own comp time and they leave a notice in your in basket calling on you for service denying the comp time? Tim WITNESS: This was the first time. MR. McNEILL: This was the first time in your 12 years? THE WITNESS: That I have experienced it, yes, MR. McNEILL: Now, I understand you had a meeting, a staff meeting, I believe in the norning, and then another meeting at 1:30; is that right? Is that the way I understood it? THE WITNESS: Ho. There was only one meeting and that occurred at 3:30 in the afternoon. MR, McNEILL: Well, I believe I thought you said) you didn't see the notice of your ccmp time being canceled until after the staff meeting. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐE^ THE WITNESS; That's correct. MR. McNEILL; Well, I don't quite get when you saw the notice, TIU7; WITNESS: I did not see the notice until after I had come downstairs from the meeting, MR. McNniLL: What time was that? THE WITNESS: 4:30, approximately, MR.. McNEILL: You had worked all day? TOE WITNESS: Yes, since 7:00 that morning. MR. McNEILL: I see. VThat time did you have this meeting in the morning? THE WITNESS: I did not have a meeting in the morning. MAYOR BLEWETT: I think what Mr. McNeill is getting] at is did you have discussions with anybody prior to the meeting in the afternoon about the fact that comp time was canceled? THE WITNESS: Yes. MAYOR BLEWETT; Without having seen the nemo? THE WITNESS: Without seeing the mono, yes. I had a discussion with Sergeant Hoskin- MAYOR BLEWETT: I think that's the meeting you are talking about. MR. McNEILL: Let me ask you another question, Sergeant, if you would/ please. So when you went to the staff meeting you knew that comp time had been canceled, but at the staff meeting nobody gave you any direction as to what you wera supposed to BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐF^66 do. You were dismissed as if you were off for the rest of the day, or to go about your business? THE WITNESS; I was dismissed from the meeting and I was to assume that would mean to leave the meeting and go about what I was doing, MR, McNEILL: Is that the customary method when they have staff meetings/ for sor.ie particular reason, and they dismiss a part of the people? Is that because they want to discuss something with other men and want you to wait, or is that the customary dismissal as far as you are concerned, or as far as you understood it, being dismissed from the rest of the meeting and the duties therefor? THE WITNESS: At the time I was dismissed from the meeting, it was my understanding that the purpose for my particular meeting had already been discusoucl and that I had no further discussions in the meeting. That doesn't occur very often but that's what happened that day. A lot of time we will end the we will have a staff meeting with the captain and lieutenants and won't have the sergeants involved, Then other times, they will call general staff meetings that involve all the supervisors, lieutenants, captains and so on< MR. McNEILL: That's what I want to got straight, this staff meeting. I was under the impression that would be the lieutenant, the captain, probably the chief and the sergeants, or commanders, or watch commanders. Would that include all patrol? THE WITNESS: All patrolmen. MR, McNEILL; Did that staff meeting include all BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐG^67 patrolmen or just the officers from sergeant up? THE WITNESS: The sergeants and above. MR. McNEILL; The sergeants and above? TIIE WITNESS; Yes. MR. McNEILL: So you were included in the staff meeting? THE WITNESS: Yes. MR. McNEILL: As soon as all the information I guess that was discussed there was a discussion about possible gang fights. As soon as that part of the meeting was over you were dismissed; do you understand that to be correct? THI-: WITNESS: That's correct. \ MR. McNEILL: Thank you. MR. AGUILAR: When you wore dismissed, did the captain have any way of saying that the times were finalized? THE WITNESS: That was not mentioned at the meeting^ no. MR. AGUILAR; But when you left, you didn't know if the plans that were set for that night or the weekend, that was completely defined for the weekend? THE WITNESS: That was my opinion because I was handed a roster of some people that worked for me. They were assigned for extra duty that weekend and that did not include me, MR. AGUILAR: So those were people assigned to work t under you? THE WITNESS: Yes. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐH^68 MR. AGUILAR: If they were assigned to work under you that weekend, wouldn't you assume that you were supposed to be with them? THE WITNESS: No. MR. WHITE: Is it Investigator or Officer Kuntz? THE WITNESS: Investigator. MR. WHITE: Did Investigator Kuntz work for you? THE WITNESS: Yes, he does. MR, WHITE: Had he requested comp time for the 5th also? THE WITNESS: He had requested well, at that time, investigators did not accumulate comp time. I MR. WHITE: I see. He wanted to leave early or something? THE WITNESS: Whenever they work a few hours over we kept our own books, and when they requested time off, we granted that extra time as opposed to paying them overtime, MR. WHITE: Did you permit him to leavo early? THE WITNESS; I had in the past. MR. WHITE: No, this time? THE WITNESS: I recall discussing it. I assume I said, Yes, you could go home early that day." MR. WHITE: And you are a supervisor, I take it? THE WITNESS: Yes. MR, WHITE: And in somewhat of an unusual occurrence is it normal for every person to be assigned a specific task because of that occurrence? THE WITNESS: Because of this weekend occurrence? BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐI^69 MR. WHITE: Any occurrence by any police department), is it normal that everyone present be assigned a specific task. related to that occurrence, or arc Lhare other duties to be performed in addition to the control of the unusual occurrence? THE WITNESS: You are speaking of the proposed activity that weekend? MR. WHITE: All right. THU WITNESS: Okay. In my experience in tho past, we have had a situation such as this weekend of Cinco de Mayo and if the information is obtained beforehand, like Captain Mertens stated, we gear up for the weekend, Aa far as supervisory personnel, that is generally handled by the supervisors that are on duty during tho tirac in which the activity occurs. The only timos I recall where extra super- visors are called in are specific things like parades, carnivals, that type of situation, or where I would specifically be called in when a homicide would occur or serious crime, and extra people would be called in from my unit. Specifically if extra people are going to be assigned for extra duty on a weekend, they would be notified before time. MK, WHITn: That doesn't quite answer my question. Are there any situations when there are a certain number of people called in to handle unusual situations such as an anticipated gang problem? THE WITNESS: Yes. MR. WHITO: Are there still other duties to be performed that are assigned to other officers that are not given specific assignments, but they are still required to be BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐJ^iBtoi.ffiH.- L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 715—— there to do other things? THE WITNESS: I imagine so, yes. MR. WHITE: Thank you. MAYOR BLEWETT: Any other questions by council? MR. BARBOSA: I have one question. RJXROS^ EXAMINATION BY MR. BARBOSA: OL If I could follow up with Mr. Aguilar's question, you assumed, despite the fact that your people under your supervision were deployed for assignment, that you wcro not included in supervising them over that period; is that correct?] A. That*s correct. QL Whafs the basis of that assumption on your part? why did you think that you didn't have to supervise your men who were being deployed? A* Because it had not occurred in the past where we had numerous persons that were not subordinates who were assigned, except specific things like carnivals, paraden* Q. Well, this was not a parade or a carnival that you were anticipating, was it? A. No, but there was anticipated things happening at the Moorhead Park area, Cinco de Mayo celebrations and so on^ and they were assigned extra duty and I was not involved. MR. BARBOSAe I have nothing further. MR. SIIAEFFER: I have a question. // // BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐK^71 FURTHER REDIRECT EXAMINATION BY MR. SHAEFFER: Q. Do you recall whether any of your subordinates were required to work Saturday or Sunday? MR. BARBOSA: I'm going to object as irrelevant I withdraw the objection. MAYOR BLEWKTT: Answer the question. THE WITNESS: Yes, I do recall. & BY MR. SHAEFFER: Were there some of your subordinates who were requested to work on Saturday and Sunday?] A. Not Sunday, One Friday night and one Saturday night. Q. Were you assigned to work Saturday night? A. Yes. Q. You were assigned to work Saturday night? A. Me? & Yes. A. No, no, no, no. My subordinates the duty roster] was made up. There were two people who worked for me that were assigned to work that duty. One was to work Friday night and the other Saturday night. QL Were there other supervisors on duty for Friday and Saturday night that these people were assigned to? MR. BARDOSA: Objection; that's irrelevant as to whoever else was assigned. The ordor went to Sergeant Morehead) That's the only issue before tha body. MR. FLANDRICK: I think the question as to whether no other supervisors were called BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐL^mm^'^ i^.s^jT':..:^' 72 MR. SHAEFFER: That's not the question. The question is whether the people who were Sergeant Morehead*s subordinates were assigned to work for other supervisors on Saturday and Sunday. MR. FLANDRICK: I think it's a perfectly good question. Do you understand the question^ Mr. Morehead? THE WITNESSs Yes. Do you want me to answer? The people that work for me were assigned to work for other supervisors that night. MR. SHAEFFER: Thank you. I have no further questions. MR. BARBOSA: I have no further questions, MR. McNEILL; I have one more question. Since you mentioned this duty roster, is it customary for you to have another staff meeting and make a duty roster is it customary also on the duty roster to name the supervisors at that time or put the name of the supervisor on the duty roster? TIIK WITNESS: No. MR. McHEILL: That isn't customary? THE WITNESS: It isn't customary because the extra people would bo under the direction of the supervisors on duty during those hours. MR. McMEILLs Thank you. MAYOR BLEWETT: Any other questions? The witness is excused. Do you want to call Captain Mertens? BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐM^73 MR. SHAEFFER; Yes. I would like to call Captain Mertens. MR. BARBOSA; As your own witness? MR. SHAEFFERi As ray witness. MAYOR BLEWETT: Captain Mertens has already been sworn, so proceed. TED MERTENS, called as a witness on behalf of the appellant^ having been previously duly sworn^ deposed and testified as follows; DIRECT EXAMINATION BY MR, SHAEFFER: Q, Captain Mertens, do you recall who you delivered a copy of your Mny 2, 1978 memo to? A. A copy of the memo was delivered either personally or to individualized In baskets or boxes of the three lieutenants and the two sergeants involved. Q. Do you recall whether you personally delivered a copy of the May 2, 1978 meno? MR, BARBOSA: I'm going to object. That's been asked and answered. The answer was that his impression was he left it on the desk. MAYOR BLEWETTs Mr. Shaeffer, I think everybody is clear here that Sergeant Morehead got his information from Sergeant Hoskin. MR. SHAEFFER: Wait MAYOR BLEWETTs And that he later saw it in a memo BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐN^74 after the meeting. I don't think there is any objection to that. Now, what are you trying to get to? MR. SHAEFFER: May I ask the question? It has nothing to do with the delivery of the memo to Sergeant Morehead. MAYOR BLEWETT: It sure as hell sounded like it. MR. SHAEFFER: Let me ask the question. Q. Captain Mertens, did you deliver a copy of the May 2, 1978 memo personally to Sergeant Hoskin? A. A copy was delivered to Sergeant Hoskin< I don't recall whether I personally handed it to him or put it on his desk. He was xwrking that day and a copy was given to him. Q. So a copy of the May 2, 1978 memo was delivered to Sergeant Hoskin by you? A. Yes. Q. And it was delivered on May 2, 1978? A- One of the copies was delivered to Sergeant Morehead, yes, sir» MR. SHAEFFER: Thank you. MAYOR BLEHETT: Anything else? MR. WHITE: I have some questions fd like to ask Captain Mertena. MAYOR BLEWETT: Go ahead. MR. WHITE: You are a police supervisor, I take it?| THE WITNESS: Yes. MR. WHITE: And you have considerable experience in that field? THE WITNESS; Yes, sir. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐO^75 MR. WHITE: And you consider yourself to be an expert on police deployment? THE WITNESS; I consider myself to be fairly well versed on it. MR. WHITE: When you have participated or acted in unusual occurrences, and you deploy for that particular occurrence, did you also deploy for other things at the same time? THE WITNESS: Yes, sir. MR. WHITE: And persons such as investigators that are assigned routinely in the event you gather forces for the unusual occurrence, what is normally done with those extra personnel? THE WITNESS: Extra personnel that are deployed are usually deployed for specific assignments. In the case of investigators, it might be plain clothes or it might be in uniforms for some of the other activities. MR. WHITE: Might it also be to carry on their normal duties? THE WITNESS: Yes. MR. WHITE; And police deployment, are there occasions when you haven't anticipated the problem or an unusual occurrence and you don't make any actual deployment for that unusual occurrence but that you cancel days off and deploy very heavily just in case? THE WITNESS: Yes, sir. MR. WHITE; And those are normally prerogative? they are left to management and the police department? BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐP^76 THE WITNESS; Yes, sir* That's correct. MR. WH^TE: Thank you. MR. McNEILL: I have one question. Captain Mertens, I would ask you it's gnawing in the back of my head about the staff meeting. I understand that Sergeant Morehead got the notice and he came to work on Thursday afternoon after the sick tine was up. At this time he had already gotten okayed for comp time. Now, at the staff meeting that you were arranging for the suspected or expected problems, you discussed that and then you dismissed, I under- stand, Sergeant Morehead and, I believe you said Sergeant Hoskin? THE WITNESS: Yes, sir. MR. McNEtLL: What I'd like to know from you is why did you dismiss them and what was on your mind as to whether or not you intended to recall them, or what was the situation, if you will, please? THE WITNESS: It was not my intention to recall them. We had discussed deployment and handled the business at hand as it related to the business over the weekend. The other matters that were discussed at the staff meeting were verbally discussed only with the watch commanders and myself and it did not involve the supervisors. MR. McNEILL: I think I understand you. What you are saying is that the time when you dismissed Sergeant Morehead, you had no other use for him? is that correct? Do I understand it; you didn't think you would need him? BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐQ^77 THE WITNESS: I did not anticipate needing him anymore for that meeting. MR. McNEILL: It was on Thursday, around 4:307 THE WITNESS: Yes. MR. McNEILL: So Friday is the day you really did need him? THE WITNESS: Right. MR. McNEILL; He had already had this notice of cancellation but since he was dismissed and you did not use him or found no need for him, did you contact him at any time after that day to tell him to cone into work? Did you get a chance to talk to him again after the 4:30 meeting? THE WITNESS: No, sir, I did not. MR. McNEILL: Thank you. MAYOR DLEWETT: Any other questions? You are excused. Captain Mertens. Okay. I am going to declare a one-minute recess, but I want the two attorneys to prepare themselves because when! we come back I want them to be precise, brief and to the point,] I don't want this thing to drag on forever. Brief recess.) MAYOR BLEWETT: Proceed. MR. BARBOSA; Thank you, Mr. Mayor. I believe it*^ customary for me to make a closing argument and then allowing Mr. Shaeffer a rebuttal and then I get the last word if I feel the need to or for it. MAYOR BLEWETT: That'P correct. MR. BARBOSA: I don't want to belabor the point BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐR^ because the facts are quite clear. There are a few observations I would like to make to you. One is that I think it would be a mistake for this body to sit here drawing little, fine distinctions in this body language or the subjective understanding of one person or another. What you should probably do is look at this as objectively as you possibly can, keeping in mind the essential function of a police department you read the cases, you practice in the field, anybody connected with police work will tell you it's a paramilitary organisation. The police have to deal with the public in one manner, which respects the rights of others. But inside that department, it's a para- military organization. There is a chain of command because by the nature of the work, the people in those positions are called upon to risk their lives, to step into situations where they jeopardize their lives and the lives of others. It's a very, very serious type of business, and because of the nature of the business, we have to have that chain of command to maintain discipline, to maintain control over the police officers so they don't overreact and over the police officers so they properly react and not shirk their responsibilities. I think that's the primary premise you have to begin with that is, it's a paramilitary organization. You have to have discipline? you have to have communication; you have to have an understanding between the subordinates and superiors. Communication is essential. There can be no doubt in an officer's mind once a command is given to follow those orders. I don't think it makes any difference BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐS^79 for an officer, when receiving a command, whether in the station or in the field, I think his conduct should be the same; his understanding should be the same, whether he's in the station or in the field as to the substance of the command, and when there is any doubt of the explicitness of the command or of that order, that inquiry be made, I think the facts before you show that Sergeant Morehead stated to you he had more important things to do that \ Thursday afternoon than wait for Captain Mertens. He on the one hand had some doubts that he resolved for himself and took it upon himself to take the connand of this department and decide for himself that he would not be needed because he didn't think anything would happen, and if anything did happen, he could always come back. My only question to him would be, if you did comn back, would it he too late? But that's not the point. The point is that the command was given; the command was clear and if it was not clear, the responsibility was upon Sergeant Morehead. He certainly had every opportunity to clarify the situation. I, for one, cannot imagine a six-year supervisor walking into a staff meeting and we are talking war, about the upcoming events of that weekend and he has the timidity, the fear of his supervisors that he couldn't ask a simple question, which I think obviously should have been asked on the part of Sergeant Morehead why didn't Sergeant Morehead stand up in the meeting and say, Captain, does that still include me?" That's all it took. That's all Sergeant Morehead had to do. Instead, he comes before you and tries to draw testimony or BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐT^ evidence that Captain Mertens didn't call him, the chief didn't call him, nobody called him to come to work that day. The only inference I can draw from that is that Sergeant Morehead would like us to lead him by the hand in his function as a police officer, The responsibility was on the officer. If he is a soldier in war and he does not understand the command, inquire, because a life might be at stake. It doesn't make any difference if they are in the station or in the field, and he made a deliberate decision to disregard that command, or to take the command into his own hands. I submit to you that we cannot permit subordinates to take command of this department into their own hands. The community expects more. The community deserves more. And with that, I ask this body to consider tha evidence from that point of view and come back and sustain the decision of the chief of police in his imposition of discipline and support the city manager who supported the chief of police to impose discipline upon Sergeant Morehead, I have nothing further. MAYOR BLEWETT: Mr. haeffer? MR. SIIAEFFER: Counsel has indicated that one of the essences of a paramilitary operation is communication, That's the nature and purpose of this hearing. There was a misunderstanding on the part of Sergeant Morehead as to the scope of the compensatory time off and its application to him. This misunderstanding should have been realized by the department. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐU^81 Counsel indicates that it's the responsibility of Sergeant Morehead to go to the departnont, get the memo clarified as to its implication to Sergeant Morehead. I suggest to you it's an equal responsibility. It's no greater a burden on Sergeant Morehead than it is on the department. Sergeant Morehead had requested comp time on Monday for the following Friday. Sergeant Morehead was sick the following Tuesday and Wednesday. The memo canceling comp tine was delivered during Sergeant Morehoad's absence. The department knew or should have known of Sergeant Morehead's absence. I think it was incumbent upon the department to determine whether Sergeant Morehead had, in fact, received a memo. Sergeant Morehead has given you a reasonable explanation of his absence. He want to the meeting assuming that his comp time had been canceled. He left the meeting assuming his comp time was canceled. He had not read the memo. The testimony of Captain Mertons supports that of Sergeant Morehead in that Sergeant Iloskin did not receive the memo from Sergeant Morehead. Capfcain Martens indicated that, in fact, he had delivered the memo to Sergeant Hoskin rather than Sergeant Morehead. Sergeant Morehead, therefore, had not read the memo prior to the staff meeting. At the conclusion of the staff meeting, he left and for the first time reviewed the memo. It indicated that all comp time was canceled until plans were finalized. He reasonably believed that the plans had been finalized and since he requested comp time during Friday, during the day and that problems were expected to occm, BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐV^82 during the evening, he reasonably believed that he was not involved by the memo. Now, it is certainly our contention that this problem could have been solved by the morning at 8i00 o'clock, 9:00 o'clock, 10:00 o'clock, once Sergeant Morehead's absence was discovered, and it was discovered very early at 8:15. Sergeant Morehead could have been contacted. The problem coul have been solved. Had he reported to work, we wouldn't be here. Instead, the department doesn't contact Sergeant Morehoad until Tuesday and advises him, All coinp time ia canceled; you are going to bo disciplined for not showing up," They made no attempt to contact hin over the weekend although they knew his phone number and knew that he was wearing a beeper. The problem could have easily been solved Friday rather than waiting for three or four days and then instituting disciplinary action. Mow, counsel has indicated that Sergeant Morehead had better things to do Thursday evening, that he should have waited around to talk to Captain Mertens. Now, I suggest to you that there is a limit to how much time any employee is going to give their employer without being paid. Sergeant Morehead attended the staff meeting on his own time. Because in past attempts to got conp tine or overtime for staff meetings had been rejected by the department. Sergeant Moreheac^ didn't attempt to get comp time or time and a half for the staff meeting. He then returned to his office, waited 45 minutes longer in an attempt to contact Captain Mertens and, in fact. Sergeant Morehead worked for free for at least two BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐW^83 hours. There is a limit to the amount of time the City can expect their employees to work for free, Now, we feel that the appropriate discipline, if any, in this action is an oral or written reprimand. We also suggest that the department try to improve their conununicationsj among the supervisors and between the supervisors and the subordinates. We also suggest that incidences where a problem arise, that the problem be handled immediately. If an attempt had been made to contact Sergeant Horehead Friday morning, this problem would have been solved and that was the time to resolve it, not to wait five months later to get the thing resolved. Thank you. MR. BARBOSA: If I may respond, briefly. As I understand the posture of the defense, in making these contentions, number one, is that they ask that you mitigate the punishment. In my mind, in asking for mitigation you are admitting the allegations of the accusation, He says that tha problem could have been solved Friday morning, that there was so much tine spent without getting money. He waited so long in the afternoon, I think they miss the point and they are just trying to strike your attention from the central issue before you and that is whether or not he disobeyed the order. All these factors of mitigation are after the fact, after he apparently admits the violation. His second contention that I draw from the argument is that lie acted reasonably undor the circumstances. The only conclusion that I can come to, based upon the evidence at hand BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐX^84 at the hearing, is that if Sergeant Morehead believed that he acted reasonably under the circumstances, that he reached reasonable conclusions, at least to me, his reasonableness would raise questions about his competence to be a supervisor• If he can't clear it up or if he can make the determination and refuse to do so, I think on cither grounds he should be disciplined, The recommendation that he made for an oral reprimand, I think the defense concedes their guilt of the accusation and I think two days* suspension is rather nominal for the type of blatant insubordination and his supposed competence, which is now in question by virtue of his arguments) that he was reasonable, I think the defense showed nothing in mitigation. There is no excuse. The sergeant had every opportunity to correct and clarify the situation and failed to do so. He didn't have to wait the 45 minutes after the meeting. He could have done so just before he was excused for the day, and therefore, cared more about his private affairs than the concerns and safety of his fellow officers and the department, I think he's guilty; X think he knows it. He's asking for mercy or saying that mitigation is warranted in this case. In view of the blatant act on the part of Sergeant Morehoad, you should uphold the discipline by the chief and the recommendation by the city manager. Thank you. MR, FLANDRICK: May I suggest that you close the hearing at this point BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐY^ L. c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 85 MR. SIIAFFFER: Just a second, Mr. Flandrick. MR. FLANDRICK: to decide to uphold, reverse it or modify the discipline. MAYOR BLEWETT: Mr. Shaeffer? MR. SHAEFFER: I'd like to make my objection, if I may, to one of the characterizations of Mr. Barbosa. MR. FLANDRICK: Mr. Mayor, if I may. Counsel is making an argument. He doesn't agree with you, you don't agree with him. MR. SHAEFFER: He referred to Sergeant Morehead as being guilty". MR. FLANDRICK: Mr. Mayor, I suggest you disregard that and proceed with the decision. MAYOR BLEWETT: It's disregarded. We are here to decide whether to sustain the chief of police and the city manager or not, and it's our decision to make. Consider the word guilty" stricken. We are not here to see whether he's going to be hung. The hearing is closed. Meeting was recessed.) MR. FLANDRICK: Mr. Mayor, I understand the council is desirous of providing a decision in two parts. The first is the question of whether or not there was a violation, and, secondly, if there was a violation, determining the penalty. So it's my further understanding that you wish to fin^' that John Morehead violated Section 12.2, subparagraph j) of the personnel rules and the findings would be those indicated BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐZ^ t^ I t 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 86 in the third paragraph of Exhibit 4 which reads, While it is true that the interoffice memorandum issued May 2, 1975, by Ted Mertens could possibly be misunderstood, it is obvious to me you made no effort to contact him as you were requested in the memo Furthermore, by your own admission, Friday, May 5th, you were advised by Sergeant Hoskins that comp time had been canceled. At that time of the day there was still sufficient time for you to ask about it. Based on those facts, I concur the recommendation of the police chief." So if that's your desire, that would be the first motion, and if that motion is carried and the finding is made, thereafter you gentlemen make the appropriate penalties. MAYOR BLEWETT: Let's have a roll call. Mr. Aguilar? MR. AGUILAR: Aye. THE CLERK: Mr. White? MR. WHITE: Aye. THE CLERK: Mr. Izell? MR. IZELL: No. THE CLERK: Mr. McNeili? MR. McNEILL: Aye. THE CLERK: Mayor Blewett? MAYOR BLEWETT: Aye. So ordered. MR. FLANDRICK: Mr. Mayor, that is the first part lt of your decision. The second is what penalty is to be imposed. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ[^87 MR. WHITE: I move that Sergeant Morehead be suspended for five days. MR. AGUILAR: Second. Are we going to have a roll call vote or are we going to have a discussion on the MAYOR BLEWETT: If you would like to discuss it MR. McNEILL: I would like to discuss the motion, please. Mr. Mayor, I do believe that Sergeant Morehead probably was guilty as I voted and negligent to a point on his part. I do believe that two days' suspension would be more than adequate. I do not believe that five days is a commensurate punishment to the offense that has been committed. I feel that if the council votes on the five-day suspension that they will be doing an injustice to the policeman or to the police department. Therefore/ I will decline to vote on such a five-day suspension. MR. IZELL: I certainly concur with Bob McNeill. MR. WHITE: Mr. Mayor, I would say if Sergeant Morehead had been an officer at the entry level, I might agree with that. I find though that he has a supervisory office in the police department and they pay him for that additional responsibility of determining what he is supposed to do. Before you give orders you must learn to take orders and I think that with those things in mind, the five days would be an appropriate penalty in this case. MR, McNEILL: May I continue my objection? I have always heard that justice should be tempered with mercy. I understand the offense is of the aforementioned BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ\^ char9e. Therefore, I see no justification in raising the requested two days' suspension by the police department, by the chief and the city manager. MAYOR BLEWETT: I have a very strong feeling that it was incumbent upon Sergeant Morehead to have contacted his superior to find out the clarification. Sergeant Morehead admitted that lie was confused, that he declined to in his own mind he declined to follow through. I think he's guilty. I think he is a leader in the department. I quite frankly I think the chief of police and I believe the city manager were overly soft in determining the punishment for the crime. In private industry, if somebody did that, they would be fired quite often or more severely disciplined. I think that in my own mind, I think the city manager should be somewhat admonished for not being more severe. We must maintain order within our police department. MR. IZELL; The vote is already in on the question j but in my mind, I feel that the City failed to prove beyond a shadow of a doubt that Mr. Morehead was insubordinate. He probably was, but not insubordinate I believe that he should receive, I believe, the two-day suspension and certainly not the five» HR, WHITE; I agree with Mr. Izell, that we did not find Sergeant Morehead insubordinate. If I had found Sergeant Morehead insubordinate I would have done everything I would have to to fire him,. The penalty I am recommending is one for negligent duty. MAYOR DLEWETT; Let's have a roll call. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ]^89 THE CLERK: Mr. White made the motion, but I am sorry; who made the second? MR. AGUILAR: I did. THE CLERK: Mr. White? MR. WHITE: Aye. THE CLERK: Mr. Aguilar? MR. AGUILAR; Aye. THE CLERK: Mr. Izell? MR. I2ELL: No. THE CLERK: Mr. McNeill? MR. McNEILL: No. THE CLERK: Mayor Blewett? MAYOR BLEWETT: Aye. So ordered. The meeting is adjourned. MR. SHAEFFER: May I make a comment, please. It appears to me that what you have done is penalized him for exhausting the appeal procedure that the City has afforded him. I don't think that you have got the power to increase the recommendation of the penalty because in effect what you are doing is penalizing him for appealing, MR. FLANDRICK: Mr. Mayor, I think the council has' the right to increase the penalty/ but not for that reason. But you certainly have the right. Whereupon/ the hearing was adjourned.) BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 10 11 CC MIN;¢f4ɐ^^90 STATE Of CALlPOmiXA ss. COUNTY OF LOS ANGELES I, Kathleen C. Bannon, CSR 3110, a notary public in and for the State of California, do hereby certify that the above and foregoing 89 pages contain a fully true and correct transcript of the proceedings held at the time and place set forth in the caption hereto as shown by my original stenographic notes. / /yt WITNESS my hand and seal this 4. day of October, 1978, / /v^. / //^/)- \^ /' C C^^-'^ /(- KMBiajH t^MMOM OFFICIAL SEAL KATi^'-XtM C. BANNO'-J NOTARY PUBLIC CALIFORNIA Lr: ANG'LES COUNTY My c'-.mm. expires NOV 23. 1979 BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 ^aBk^aCTRS^^r^'Tt'ra'??'" \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. I was a police captain employed by the City of Baldwin Park. Q. Now, you have previously soon an exhibit marked as Exhibit 1, an interoffice memorandum dated May 2, 1978. Was that a command, a written order made by you? A. Is that the memorandum referring to the staff meeting? Q. That's correct. A. Yes, sir. Q. And what was the sum and substance of that written order that you made on May 2, 1970? A. The memo was issued following information that we had received indicating a potential for increasing gang-related) activity for the following weekend. The memo indicated that I would bo calling a staff mooting on Thursday, I believe the 4th of May, and also indicating that all previously requested compensatory time off was canceled until we had been able to finalize the plans and knew what we were going to plan for that weekend. Q. Now, to your knowledge was that memorandum, was that order communicated throughout the department? A. The memorandum itself was communicated to the individuals to whom they pertained, which were the watch commanders and lieutenants in the patrol division and to the sergeants in patrol and investigation. Q. Now, do you know whether or not Sergeant Morehead appeared at that staff meeting? A. Yes, sir, he did. BIB] 37656-U01 1978-U02 10-U02 11-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9693-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06