Peace officer improperly ordered subordinate to work overtime, investigation finds

Permanent civil service employees were entitled to not only pre-discipline but also post-discipline procedural rights, including the rights to request an administrative hearing and to pursue discovery to inspect documents and to interview witnesses, a recent ruling said.

The plaintiff in the case of Garcia v. State Department of Developmental Services et al. was a sergeant for the State Department of Developmental Services. An investigation of the Office of Law Enforcement Support (OLES) found that he committed overtime manipulation and various acts of misconduct. He allegedly:

• asked another sergeant if a gay coworker was his boyfriend and if the sergeant would perform oral sex on him in February 2018
• told a subordinate officer to get out and to inspect a car accident and later improperly ordered the officer to work overtime in May 2018
• argued with another sergeant and told him he would ensure that the sergeant would not get any overtime and would “cut his throat on overtime” even “if his kids starve” in May 2018
• used his work computer for nonwork purposes, including downloading and viewing images and videos between June 2017 and June 2018
• took photographs of workplace items, including a work schedule, without authority or a legitimate reason in June 2018

In April 2019, the department issued the plaintiff a notice of adverse action stating that it would terminate him. It released him from...

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