OFF THE WIRE
Gilbert Garcia, right, and Oceanside Police Chief Frank McCoy at Garcia's swearing-in ceremony in 2007. Photo courtesy of attorney Dan Gilleon
The city of Oceanside plans to fight a former police officer's lawsuit that claimed he was wrongfully fired because he refused to cover up that a sergeant allegedly was driving drunk, Oceanside City Attorney John Mullen said this week.
"The allegations made by (former Officer) Gilbert Garcia and his attorney are false and defamatory," Mullen wrote in an email Wednesday afternoon.
Mullen said Garcia had a full evidentiary hearing before an independent arbitrator, who upheld Garcia's termination on sexual harassment allegations.
"The arbitration ruling is final and cannot be challenged in court at this late date," Mullen wrote. "The full extent of the misconduct will be revealed when the city responds to the case in court. The city is confident that any reasonable person who sees the evidence will agree the city had no other choice but to terminate Garcia."
Garcia filed his lawsuit late Monday, naming the city of Oceanside, police Chief Frank McCoy and retired Capt. Reginald Grigsby.
Garcia claimed that in August 2009, he and Sgt. Travis Norton responded to a citizen's report of a reckless driver who tossed a beer can out his car window. After the officers learned the driver was one of their colleagues, Sgt. Gary Larson, McCoy and Grigsby ordered them to drop the investigation, the lawsuit said.
Garcia was ordered to destroy an audio recording of the entire incident, but he refused to do so, the lawsuit said. He instead turned over the tapes to a police officers union attorney, it said.
The lawsuit also claimed that his superiors used the sexual harassment allegations as a pretext to fire him for failing to go along with the cover-up.
Kimberli Hirst, a phlebotomist for a private forensic nursing company that contracted with San Diego County law enforcement agencies, filed a sexual harassment lawsuit last year against Garcia and the city of Oceanside.
That case was still being litigated.
"The allegations made by (former Officer) Gilbert Garcia and his attorney are false and defamatory," Mullen wrote in an email Wednesday afternoon.
Mullen said Garcia had a full evidentiary hearing before an independent arbitrator, who upheld Garcia's termination on sexual harassment allegations.
"The arbitration ruling is final and cannot be challenged in court at this late date," Mullen wrote. "The full extent of the misconduct will be revealed when the city responds to the case in court. The city is confident that any reasonable person who sees the evidence will agree the city had no other choice but to terminate Garcia."
Garcia filed his lawsuit late Monday, naming the city of Oceanside, police Chief Frank McCoy and retired Capt. Reginald Grigsby.
Garcia claimed that in August 2009, he and Sgt. Travis Norton responded to a citizen's report of a reckless driver who tossed a beer can out his car window. After the officers learned the driver was one of their colleagues, Sgt. Gary Larson, McCoy and Grigsby ordered them to drop the investigation, the lawsuit said.
Garcia was ordered to destroy an audio recording of the entire incident, but he refused to do so, the lawsuit said. He instead turned over the tapes to a police officers union attorney, it said.
The lawsuit also claimed that his superiors used the sexual harassment allegations as a pretext to fire him for failing to go along with the cover-up.
Kimberli Hirst, a phlebotomist for a private forensic nursing company that contracted with San Diego County law enforcement agencies, filed a sexual harassment lawsuit last year against Garcia and the city of Oceanside.
That case was still being litigated.
Call staff writer Brandon Lowrey at 760-740-3517 or follow him on Twitter @NCTLowrey.
Read more: http://www.nctimes.com/news/local/oceanside/oceanside-city-attorney-responds-to-former-policeman-s-lawsuit/article_7082c506-10ce-5b75-ab7e-aa83e0aed28a.html#ixzz1eAQq1mbB
COMMENT.
First, OPD fires the officer. Then during civil litigation, the superior court dismisses 6 counts against Garcia. As a laughing outsider looking in, that tells me there are significant discrepancies with the investigation and the arbitrator was asleep at the wheel. Of course the City Attorney is going to fight the lawsuit! That is his job! We wouldn't want the citizens of the city to think there really is corruption in the Police Department, would we? It is a well known fact that police protect their own, so why should anyone be surprised?
It doesnt matter if they fight it or not,if they dont start cracking the whip on OPD supervisors theres going to be a never ending line of lawsuits. plus the city has already paid out some pretty large settlements that were filed by female officers and made claims of sexual hararassment and behavior that was deemed unacceptable in a workplace.but as we all know this isnt anything new,the citizens of oceanside have been victimized by the amounts of money paid to former OPD staff over issues that you see which should of never taken place,especially inside a police agency.
Read more: http://www.nctimes.com/news/local/oceanside/oceanside-city-attorney-responds-to-former-policeman-s-lawsuit/article_7082c506-10ce-5b75-ab7e-aa83e0aed28a.html#ixzz1eAQq1mbB
COMMENT.
