TERMINATED
LOS ANGELES COUNTY CORONER INVESTIGATOR REINSTATED
By
Saku E. Ethir
Lackie & Dammeier LLP
Los
Angeles County Coroner Investigator Robert Fierro was terminated from
the Los Angeles County Department of Coroner in February 2003.
At the time of his termination, Fierro had been an investigator
with that department for approximately 16 years.
Coroner investigators with the County of Los Angeles are peace
officers, who plan and conduct investigations for the Department of
Coroner, to determine the jurisdiction, circumstances, manner, and cause
of death. An investigation
of Fierro resulted in four sustained allegations which included,
violation of the county’s policy regarding sexual harassment (which
included the use of profanity on duty), violation of the county’s
internet policy, violation of the department’s attendance and work
hours policy, and failing to make productive use of county resources (a
county vehicle). Fierro
appealed his termination to the Los Angeles County Civil Service
Commission, where he was represented, at hearing, by this author.
With a
total of approximately 20 witnesses subpoenaed by the county and the
appellant, it appeared that the hearing could span five or more days.
During the first two days of hearing, the county began
presentation of its case. Evidence
was presented regarding the county’s attendance policy.
Fierro, during the investigation, admitted that supervisors had
permitted investigators to “flex” their time.
That is, if an investigator worked over his or her normal end of
watch time, instead of putting in for the overtime, he or she could come
in late or leave early on a subsequent day.
The department’s investigation, as well as witness testimony,
showed that employees of the Department of Coroner referred to this as
“cuff time.” Department
supervisors testified that, in fact, “cuff time” had been a practice
at the department for many years. Although
some testified that the practice had been discontinued, no specific date
could be provided as to when, and no witness was able to provided
documentation, or any other evidence, to prove that the elimination of
the practice had ever been communicated to Fierro.
In fact, the evidence demonstrated that Fierro, and other
investigators, had received permission from their supervisor to utilize
“cuff time.”
As to
the violation of the county’s internet policy, Fierro admitted during
the investigation to using the county internet for non-departmental
purposes, but it became apparent that Fierro was being treated in a
disparate manner. A captain
admitted on cross examination that she utilized the county internet for
non-departmental purposes, in violation of the county’s policy, had
been told by the chief to stop, yet continued the behavior.
The captain admitted that no discipline, as of that date, had
been imposed against her. In
a parallel case, the chief of the Department of Coroner also admitted to
violating the same policy, and further admitted he had received no
discipline. Additional
testimony further demonstrated that other employees, violating the same
policy, had simply had their Internet privileges revoked for a period of
time, and then reinstated.
In
addressing the sexual harassment allegation (an allegation denied by
Fierro), the county was only able to do so with hearsay testimony, as
the alleged “victims” of the harassment refused to appear to testify
and refused to cooperate with the county altogether.
The witness, called by the county to support the allegation’s
that Fierro used profanity while on duty, while on cross-examination,
admitted that she uses profanity at the department, while on duty.
She further admitted that profanity, and/or vulgar language, is
common, if not heard on a daily basis, at the department (not however in
the presence of the public). It
was a tool used by employees to blow off stem, due to the duties they
perform.
After
only two days of hearing, the county, who’s next witness was the
decision maker in this case, (the director of the Coroner’s
Department), requested to end the hearing early.
That request was granted by the hearing officer.
On day three of the hearing, prior to the start of testimony, the
county approached appellant, and this author, with an offer to settle
the matter. The more serious allegations of sexual harassment and
violation of the county’s attendance policy were removed, and Fierro
agreed to a minor suspension for the remaining less serious allegations.
Fierro has been reinstated as a coroner investigator with the
County of Los Angeles County Coroner’s Department, with approximately
eight months of back pay. Fierro
is very thankful to his attorneys at Lackie & Dammeier, the Legal
Defense Fund and the Los Angeles County Police Officers’ Association,
who all stood with him and supported him throughout this very difficult
time and process.
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