VENTURA DEPUTY GETS BACK
PAY AWARD
It is known as Studio
Road, a rocky dirt pathway leading to the site of "Zorro's
Cabin", where the old Disney TV series was filmed. But for Ventura
County Deputy Rene Machado on routine patrol on a hot August afternoon
in 1999, it might as well have been called the "Highway to
Hell."
Although he crept
carefully along the road at less than 5 mph, the bottom of his unit made
contact with something on the treacherous roadway, and fluid emerged
from beneath the car. A tow truck was summoned to take the unit in for
repairs. Almost immediately, Machado was accused of being dishonest
about the circumstances surrounding the accident. The radiator had been
damaged to the tune of $1,300, and suspicions were afoot that the unit
must have been traveling much faster than the minimal speeds reported by
both Machado and his partner. The department subsequently placed Machado
on administrative leave, charged him with dishonesty and proposed his
termination.
At a predisciplinary
hearing, Machado and his attorney, Bill Hadden, of Silver, Hadden &
Silver, explained that the damage could easily have been sustained at a
very low speed. The radiator, it was shown, was bolted to the frame by
small rubber mounts which can give way at low collision speeds, as
corroborated by Ford factory mechanics. At the conclusion of the Skelly
hearing, Chief Deputy Bruce McDowell dismissed the dishonesty
allegations, and directed that Machado be returned to duty.
Nonetheless, the
department still chose to impose a 30-day suspension on Machado for the
low speed, non-injury accident and for Machado's failure to fully
complete accident paperwork.
On behalf of Machado,
Bill Hadden appealed the matter to the Ventura County Civil Service
Commission, primarily arguing that the penalty for Machado's admitted
mistakes was grossly excessive. The commission agreed, and reduced the
30-day suspension to five days. The commission proceeded to order that
Machado's back pay and benefits be restored accordingly.
"I am grateful to
the commission, the Legal Defense Fund and Bill Hadden for helping me
obtain a reasonable outcome," Machado said, noting, "I once
again look forward to going to work each day."
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