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1 It Began In January 2001 With Todd Crafting A Back Room Deal The MOU resulted in only white males being eligible for Police Chief The MOU resulted in.

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Presentation on theme: "1 It Began In January 2001 With Todd Crafting A Back Room Deal The MOU resulted in only white males being eligible for Police Chief The MOU resulted in."— Presentation transcript:

1 1 It Began In January 2001 With Todd Crafting A Back Room Deal The MOU resulted in only white males being eligible for Police Chief The MOU resulted in only white males being eligible for Police Chief This was in exchange for votes for Councilman Moriel This was in exchange for votes for Councilman Moriel South Gate filed a lawsuit in which it claimed the MOU was illegal, because it had a discriminatory impact. South Gate filed a lawsuit in which it claimed the MOU was illegal, because it had a discriminatory impact. When the City realized the discriminatory impact, of Todds back room deal, they sought to select the best possible candidate. When the City realized the discriminatory impact, of Todds back room deal, they sought to select the best possible candidate.

2 2 The Discriminatory MOU

3 3 July 2001, The PMA Learns that a Deputy Chief Will be Selected - and Calls a Meeting

4 4 October 2001 Harassment of The First Ever Latino Chief Lopez was selected as the best qualified candidate out of 150 applicants Lopez was selected as the best qualified candidate out of 150 applicants OCTOBER 23, 2001 CITY COUNCIL MEETING OCTOBER 23, 2001 CITY COUNCIL MEETING "Get the fuck out of my city." "Get the fuck out of my city." "Wheres that fucking Lopez" "Wheres that fucking Lopez" Mad dogging Mad dogging Over 150 Officers and their supporters packed the Council Meeting to intimidate Chief Lopez. Over 150 Officers and their supporters packed the Council Meeting to intimidate Chief Lopez.

5 5 October , 2001 Caucasin Management - Todd, Richert, Key and Galbreath all filed complaints of discrimination. Caucasin Management - Todd, Richert, Key and Galbreath all filed complaints of discrimination. The PMA filed suit to stop the selection of Rick Lopez as the first ever Latino Chief. The PMA filed suit to stop the selection of Rick Lopez as the first ever Latino Chief. The PMA started a recall of the three city council members and city treasurer who selected Chief Lopez. The PMA started a recall of the three city council members and city treasurer who selected Chief Lopez. South Gates witnesses admitted that recalling council members would result in the elimination of Lopez. South Gates witnesses admitted that recalling council members would result in the elimination of Lopez.

6 6 The November 1, 2001 Harassment of Lopez Family Todd obtained the CONFIDENTIAL home address of Chief Lopez. Todd obtained the CONFIDENTIAL home address of Chief Lopez. He did not have permission to do this. He did not have permission to do this. He provided it to Captain Key. He provided it to Captain Key. 4 South Gate cops served Lopez terrifying him and his small children. 4 South Gate cops served Lopez terrifying him and his small children. Service on an officer at home was unprecedented. Service on an officer at home was unprecedented.

7 7 Chief Lopez Withdrew

8 8 Plaintiffs were associated with and perceived to be associated with Chief Lopez Plaintiffs were associated with and perceived to be associated with Chief Lopez Lopez hired Officer Hernandez. Lopez hired Officer Hernandez. Lopez promoted Officer Corbet. Lopez promoted Officer Corbet. Lopez promoted Officer Matsukiyo. Lopez promoted Officer Matsukiyo. Lopez sent Officer Matsukiyo to FTO school. Lopez sent Officer Matsukiyo to FTO school. Lopez sent Officer Carrillo to FTO school. Lopez sent Officer Carrillo to FTO school. Captain Richert, Captain Key and Sgt. Saldivar admitted they associated Officer Carrillo with Lopez. Captain Richert, Captain Key and Sgt. Saldivar admitted they associated Officer Carrillo with Lopez.

9 9 The Plaintiffs were further associated with Lopez because of lack of participation in the recall Officer Carrillo refused to contribute money or time to the recall. Officer Carrillo refused to contribute money or time to the recall. Officer Matsukiyo was called at home and pressured to participate in the recall. Officer Matsukiyo was called at home and pressured to participate in the recall. Officer Corbet was told what the fuck are you thinking, this is your job and your livelihood. Officer Corbet was told what the fuck are you thinking, this is your job and your livelihood. Officer Hernandez was pressured to participate because he was a new guy. Officer Hernandez was pressured to participate because he was a new guy.

10 10 The Plaintiffs were perceived as associated with Chief Lopez After Matsukiyo was promoted, Sgt Perez asked him about his association with Chief Lopez. After Matsukiyo was promoted, Sgt Perez asked him about his association with Chief Lopez. Lt. Arocha told Carrillo not to go to FTO school. Lt. Arocha told Carrillo not to go to FTO school. Mendez played Im your puppet over the loud speaker when Officer Carrillo entered the station. Mendez played Im your puppet over the loud speaker when Officer Carrillo entered the station. Lieutenant Galbreath testified Todd had a black list and that something bad would happen to those officers. Lieutenant Galbreath testified Todd had a black list and that something bad would happen to those officers.

11 11 Officer Valentines Statement References a List

12 12 Officers with little involvement in the recall were associated with Chief Lopez The names of Officers that did not pay the $200 were posted on the POA board which Lt. Sullivan and Officer Flanagan testified anyone could access. The names of Officers that did not pay the $200 were posted on the POA board which Lt. Sullivan and Officer Flanagan testified anyone could access. Officer Mena was called a traitor just for speaking with Chief Lopez. Officer Mena was called a traitor just for speaking with Chief Lopez. Menas dog was pepper sprayed. Menas dog was pepper sprayed. Sgts Rivera and Campos incited Explorer Scouts to quit because Mena was associated with Lopez. Sgts Rivera and Campos incited Explorer Scouts to quit because Mena was associated with Lopez.

13 13 Campos and Rivera Harassed Officers Associated with Lopez

14 14 Further Evidence Of Harassment based on Association

15 15 Officer Fernandez described the associational harassment because of his limited involvement in the recall

16 16 Officer Chacon described harassment because of his association with Lopez

17 17 All of the Plaintiffs received the Resister

18 18 Officer Corbet was subjected to Race based Harassment, Discrimination and Retaliation. Officer Corbet was referred to as: Officer Corbet was referred to as: Gook Gook Nip Nip Tight eyed bastard Tight eyed bastard Looks like someone I used to shoot at in Vietnam only taller Looks like someone I used to shoot at in Vietnam only taller Richert told Corbet he would run him out of the department. Richert told Corbet he would run him out of the department. Corbets supervisory duties were taken from him. Corbets supervisory duties were taken from him. Corbet was denied overtime. Corbet was denied overtime. Corbet was taken off the range staff without justification. Corbet was taken off the range staff without justification.

19 19 Race Based Harassment and Discrimination of Officer Corbet Officer Corbet was denied a promotion to Sergeant. Officer Corbet was denied a promotion to Sergeant. He was subjected to a POA recall after assisting Troy Hernandez. He was subjected to a POA recall after assisting Troy Hernandez. His bullet proof vest and other SWAT equipment was stolen from the secure police facility and defendants did not investigate. His bullet proof vest and other SWAT equipment was stolen from the secure police facility and defendants did not investigate. Homsher (the enforcer) intimidated Officers Corbet and Matsukiyo just before trial. Homsher (the enforcer) intimidated Officers Corbet and Matsukiyo just before trial. Corbet was taken off the range staff without justification. Corbet was taken off the range staff without justification.

20 20 Disability Harassment to Officer Corbet Harassing comments made by management to Officer Corbet after his prostate surgery: Harassing comments made by management to Officer Corbet after his prostate surgery: ADW ADW how does your dick work? how does your dick work? how do you make it work? how do you make it work? have you tried Viagra? have you tried Viagra? His buttock was grabbed to see if he wore diapers. His buttock was grabbed to see if he wore diapers.

21 21 Officer Matsukiyo was subjected to Harassment, Discrimination and Retaliation Officer Matsukiyo was called racial slurs for years; a few examples: Officer Matsukiyo was called racial slurs for years; a few examples: Gook Gook Godzilla Godzilla Godzuki Godzuki Tight eyed bastard Tight eyed bastard Jap Jap Japanese Jew Japanese Jew You Koreans are all the same You Koreans are all the same Co-chino Co-chino Cap-a-chino Cap-a-chino Lance Ito Lance Ito Comments were made about Pearl Harbor Comments were made about Pearl Harbor The Atomic Bomb, etc. The Atomic Bomb, etc. Many of these comments were made in front of supervisors

22 22 Officer Matsukiyo was subjected to Discrimination In July 2004 Richert ordered Matsukiyo to work weekends for a full year contrary to policy. In July 2004 Richert ordered Matsukiyo to work weekends for a full year contrary to policy. When Matsukiyo complained Richert said, if you dont like it, you can give up your stripes. When Matsukiyo complained Richert said, if you dont like it, you can give up your stripes.

23 23 Officer Matsukiyo was Retaliated Against Sgt Edwards was instructed to scrutinize him. Sgt Edwards was instructed to scrutinize him. In September 2004, following the grievance, Officer Matsukiyo received an unjustified Personnel Report, for a disgruntled outburst. In September 2004, following the grievance, Officer Matsukiyo received an unjustified Personnel Report, for a disgruntled outburst. However, employees signed a statement that there were no disgruntled outbursts. However, employees signed a statement that there were no disgruntled outbursts. The personnel director failed to investigate his complaints. The personnel director failed to investigate his complaints.

24 24 Exhibit 139-2

25 25 Officer Matsukiyo was subjected to Additional Retaliation Supervisory duties taken away. Supervisory duties taken away. Denied vacation. Denied vacation. Assigned menial tasks. Assigned menial tasks. Denied entry school training. Denied entry school training. Denied MP-5 machine gun training. Denied MP-5 machine gun training. Promotional opportunities eliminated. Promotional opportunities eliminated.

26 26 Officer Matsukiyo was terrorized Officer Garcia warned that theyre coming after you. Officer Garcia warned that theyre coming after you. Officer Matsukiyo moved because he feared for his familys safety after reporting Edwards. Officer Matsukiyo moved because he feared for his familys safety after reporting Edwards. Officer Homsher drove his motorcycle at 30MPH towards Officers Matsukiyo and Corbet when they were on the sidewalk. Officer Homsher drove his motorcycle at 30MPH towards Officers Matsukiyo and Corbet when they were on the sidewalk.

27 27 Officer Hernandez was subjected to Discrimination, Harassment and Retaliation because of his National Origin Called: Called: Slow, Stupid, Retarded Slow, Stupid, Retarded FNG FNG dick dick fucking idiot fucking idiot Under POST Guidelines, the use of profane speech or humiliating tactics is not acceptable conduct, Lt. Arocha. Under POST Guidelines, the use of profane speech or humiliating tactics is not acceptable conduct, Lt. Arocha.

28 28 Officer Hernandez was Harassed His gun was removed from his locker and was taken apart and returned to him in pieces. His gun was removed from his locker and was taken apart and returned to him in pieces. Captain Key testified the POBR required a warrant to open an officers locker. Captain Key testified the POBR required a warrant to open an officers locker. He was denied meal breaks. He was denied meal breaks. Management was aware that Hernandez was left in the police parking lot for hours without justification on several occasions. Management was aware that Hernandez was left in the police parking lot for hours without justification on several occasions.

29 29 Avila was not aware of any reasons for denying the attorney of his choice

30 30 Hernandez was Wrongfully Fired Hernandez was Wrongfully Fired Falsely accused of lying. Falsely accused of lying. Todd fired him. Todd fired him. The Civil Service Commission unanimously concluded all charges were unfounded. The Civil Service Commission unanimously concluded all charges were unfounded. To further harass Hernandez, Todd appealed to the City Council. To further harass Hernandez, Todd appealed to the City Council. After Hernandez was reinstated, he was harassed further. After Hernandez was reinstated, he was harassed further. Any reasonable person would find the environment intolerable. Any reasonable person would find the environment intolerable.

31 31 Harassment and Retaliation Hernandez complained of harassment to Mayor Martinez and Ms. Fletcher. Hernandez complained of harassment to Mayor Martinez and Ms. Fletcher. The City failed to investigate. The City failed to investigate. Hernandez was constructively discharged. Hernandez was constructively discharged. After escaping South Gate, Sgt. Arakawa defamed Hernandez. After escaping South Gate, Sgt. Arakawa defamed Hernandez.

32 32 Officer Carrillo was Subjected to Discrimination, Harassment and Retaliation Officer Carrillos radio transmissions were interfered with from 2000 – Officer Carrillos radio transmissions were interfered with from 2000 – In 2001, Officer Carrillo was discriminated against. He was forced to stay at the El Paseo substation. In 2001, Officer Carrillo was discriminated against. He was forced to stay at the El Paseo substation. In February, 2002, Officer Carrillo was not allowed to pick his area of patrol in violation of seniority practices. In February, 2002, Officer Carrillo was not allowed to pick his area of patrol in violation of seniority practices. He was given the assignment furthest from the station, which took the longest time for back up. He was given the assignment furthest from the station, which took the longest time for back up. He was ostracized. He was ostracized.

33 33 Carrillo was harassed because of his association with Robles From , police management allowed offensive materials to remain in the police department. From , police management allowed offensive materials to remain in the police department. Officer Homsher shouted This is bullshit, its lovely to work 5 days a week, 8 hours a day. I wish that fuckin Robles would die. Officer Homsher shouted This is bullshit, its lovely to work 5 days a week, 8 hours a day. I wish that fuckin Robles would die. Although officer Carillo complained to the Personnel Department about this, Homsher was not ever interviewed about his comments. Although officer Carillo complained to the Personnel Department about this, Homsher was not ever interviewed about his comments.

34 34 Continuing Harassment Officer Carrillo complained to Chief Lopez who acknowledged the department was out of control. Officer Carrillo complained to Chief Lopez who acknowledged the department was out of control. After being harassed, Officer Carrillo applied to Alhambra P.D. to escape the hostile atmosphere. The statement, Alhambra is hiring laterals was written on the board in briefing. After being harassed, Officer Carrillo applied to Alhambra P.D. to escape the hostile atmosphere. The statement, Alhambra is hiring laterals was written on the board in briefing.

35 35 Exhibit 615-4

36 36 Racial Slurs are Rampant Title 8 (undocumented Hispanic) Title 8 (undocumented Hispanic) 927 (suspicious male black) 927 (suspicious male black) N Word N Word Buckwheat (Dictate) Buckwheat (Dictate) P.O.N.T.I.A.C P.O.N.T.I.A.C Cap-a-chino Cap-a-chino Porsche Porsche

37 37 Management Knew or Should have Known of the Harassment The harassment was so pervasive that Management had to know about it. The harassment was so pervasive that Management had to know about it. A good example of managements indifference is the persistence of the rat poster from It remained on the board until Officer Matsukiyo testified as a witness in another proceeding against South Gate. A good example of managements indifference is the persistence of the rat poster from It remained on the board until Officer Matsukiyo testified as a witness in another proceeding against South Gate.

38 38 Hypocrisy

39 39 Exhibit 18-3

40 40 Failure to take corrective action Chief Tunson Chief Tunson Personnel Director failed to investigate the complaints from Officers Matsukiyo, Carrillo, Hernandez and Lowinger. Personnel Director failed to investigate the complaints from Officers Matsukiyo, Carrillo, Hernandez and Lowinger. Inspector General was terminated in February of 2003 before completing the Resistor investigation. Inspector General was terminated in February of 2003 before completing the Resistor investigation. Todd instructed Sullivan not to investigate. Todd instructed Sullivan not to investigate.

41 41 Chief Todd prevented a complete investigation into the resister

42 42 Investigations without conclusion Ex 169 is 181 pages long and has no conclusion. Ex 169 is 181 pages long and has no conclusion. Ex 1104 is over 80 pages long and has no conclusion. Ex 1104 is over 80 pages long and has no conclusion. The investigation into Sgt Edwards sexual indiscretions is missing. The investigation into Sgt Edwards sexual indiscretions is missing.

43 43 Officer Carillo was denied promotions due to discrimination Denied the Detective Bureau position. Denied the Detective Bureau position. Denied CIT position. Denied CIT position. Denied MP-5 training. Denied MP-5 training. Delayed promotion to FTO. Delayed promotion to FTO.

44 44 Economic Damages of Officer Carrillo, $1,099,301

45 45 Economic Damages of Officer Matsukiyo, $546,266.00

46 46 Economic Damages of Officer Hernandez, $759,480

47 47 Economic Damages Pension of Officer Corbet, $54,100.00

48 48 Special Verdict Form Q9 Damages For Harassment 9a Troy Hernandez past and future economic damages $759,480. 9a Troy Hernandez past and future economic damages $759,480. 9b Dave Matsukiyo past and future economic damages $546,266. 9b Dave Matsukiyo past and future economic damages $546,266. 9c Ron Corbet past and future economic damages $54,100. 9c Ron Corbet past and future economic damages $54,100. 9d Albert Carrillo past and future economic damages $1,099,301. 9d Albert Carrillo past and future economic damages $1,099,301.

49 49 Special Verdict Form Q9 Past and future non-economic damages. Past and future non-economic damages. Lifetime of mental and emotional distress. Lifetime of mental and emotional distress. $4,000,000 - $8,000,000 per plaintiff. $4,000,000 - $8,000,000 per plaintiff.

50 50 Special Verdict Form Q13 Constructive Discharge Past and future economic damages $220,249. Past and future economic damages $220,249. The economist used an extremely conservative figure for the difference in earning between South Gate and Arcadia. The economist used an extremely conservative figure for the difference in earning between South Gate and Arcadia. In the past three years South Gate has had 29% raises from the council. In the past three years South Gate has had 29% raises from the council. 29% of $759,480 = $220,249 29% of $759,480 = $220,249 Past and future non-economic damages $100,000. Past and future non-economic damages $100,000.

51 51 Special Verdict Form Q18 FEHA Retaliation Damages Under a Termination Scenario If the plaintiffs are terminated in retaliation after this trial, their lost total wages (earnings capacity) If the plaintiffs are terminated in retaliation after this trial, their lost total wages (earnings capacity) 9b Dave Matsukiyo past and future economic damages $1,456,380 (45 years old) ($97,092 x 15 years) 9b Dave Matsukiyo past and future economic damages $1,456,380 (45 years old) ($97,092 x 15 years) 9c Ron Corbet past and future economic damages $679,644 (48 years old) ($97,092 x 7 years) 9c Ron Corbet past and future economic damages $679,644 (48 years old) ($97,092 x 7 years) 9d Albert Carrillo past and future economic damages $2,038,932 (37 years old) ($97,092 x 21 years) 9d Albert Carrillo past and future economic damages $2,038,932 (37 years old) ($97,092 x 21 years) Less offset you find to be reasonable. Less offset you find to be reasonable.

52 52 Special Verdict Form Q Retaliation Damages 9a Troy Hernandez past and future non- economic damages $50,000. 9a Troy Hernandez past and future non- economic damages $50,000. 9b Dave Matsukiyo past and future non- economic damages $100,000. 9b Dave Matsukiyo past and future non- economic damages $100,000. 9c Ron Corbet past and future non-economic damages $50,000. 9c Ron Corbet past and future non-economic damages $50,000. 9d Albert Carrillo past and future non-economic damages $50,000. 9d Albert Carrillo past and future non-economic damages $50,000.

53 53 Troy Hernandez Non-Economic Damages Stomach Pains and GI problems Stomach Pains and GI problems Headaches Headaches Insomnia Insomnia Stress Stress Fear Fear Anxiety Anxiety Damaged Reputation Damaged Reputation

54 54 David Matsukiyos Non-Economic Damages Chest Pains Chest Pains Depression Depression Adjustment Disorder Adjustment Disorder Anxiety Anxiety Hypertension Hypertension Irritability Irritability Increased Housing Expenses Increased Housing Expenses Fear for Safety Fear for Safety

55 55 Ron Corbets Non-Economic Damages Embarrassment Embarrassment Humiliation Humiliation Depression Depression Worsening Diabetes Worsening Diabetes Stress Stress

56 56 Albert Carrillos Non-Economic Damages Ostracism Ostracism Fear for Safety Fear for Safety Fear of Unjustified Termination Fear of Unjustified Termination Headaches Headaches Insomnia Insomnia Unfairly Singled Out Unfairly Singled Out

57 57 Some Of The People Who Did Not Receive The Resister" Letter In Their Mailbox Are Also The People Who Were Promoted Avila Avila Key Key Todd Todd Richert Richert Wells Wells Mendez Mendez Campos Campos Gutierrez Gutierrez Pixler Pixler Many others… Many others…

58 58 Officers Who Received The Resister Were those perceived Associated With Chief Lopez Matsukiyo Matsukiyo Carrillo Carrillo Hernandez Hernandez Corbet Corbet Mena Mena Valentin Valentin Fernandez Fernandez Chacon Chacon Pellerin Pellerin

59 59 Party Having Power to Produce Better Evidence Failure to produce the Sergeants exam. Failure to produce the Sergeants exam. Failure to produce evidence that anyone was better qualified than Carrillo for detective. Failure to produce evidence that anyone was better qualified than Carrillo for detective. Failure to produce documents that Matsukiyo was certified on the MP-5. Failure to produce documents that Matsukiyo was certified on the MP-5. Failure to present witnesses to Homshers intimidation. Failure to present witnesses to Homshers intimidation.

60 60 Failure to Explain or Deny Evidence Failure to produce Lt. Sullivan. Failure to produce Lt. Sullivan. Failure to produce a single officer who is not currently employed. Failure to produce a single officer who is not currently employed. Failure to produce the exit interview with Officer Hernandez. Failure to produce the exit interview with Officer Hernandez. Failure to produce notes on conversation with Carrillo. Failure to produce notes on conversation with Carrillo. Failure of economist to bring all of his materials. Failure of economist to bring all of his materials.

61 61 Credibility of Witnesses Defendants witnesses appeared to look to defense counsel for answers. Defendants witnesses appeared to look to defense counsel for answers. Defendants witnesses were asked the same questions and gave identical answers - obviously coached. Defendants witnesses were asked the same questions and gave identical answers - obviously coached. South Gate's witnesses appeared confused when they could not give their "canned" script. South Gate's witnesses appeared confused when they could not give their "canned" script. Witnesses supporting the police officer plaintiffs are independent. Many have left South Gate because of the harassment, discrimination and retaliation they suffered. Witnesses supporting the police officer plaintiffs are independent. Many have left South Gate because of the harassment, discrimination and retaliation they suffered.


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