VENTURA COUNTY
SHERIFFS DEPARTMENT
8OO SOUTH
VICTORIA AVENUE, VENTURA, CA 93009
November 15.
1983
Deputy Scott
Shaw
7019 Aldea
Avenue
Van Nuys, CA
91406
Dear Deputy
Shaw:
On October 24,
1983, you were personally served with a written notice of proposed
termination from your position of Deputy Sheriff. Alter carefully
considering your oral response on November 10, 1983, I have decided that
it is appropriate to proceed with the action terminating you effective at
the end of your regular work shift on November 15,
1983.
This action is
based on the following listed grounds;
1. Violation
of Sheriff’s Manual, Section 306 (Any member of the department who shall,
in the performance of his official duties...acts in a manner to bring
discredit upon himself or the department, or who fails to assume
responsibility or exercise diligence, intelligence and interest in the
pursuit of his duties may be deemed incompetent and shall be
subject to appropriate disciplinary action).
2. Violation
of Sheriffs Manual, Section 329 (False Information in Records and
Untruthfulness),
3. Violation
of Sheriff’s Manual Section 314(a) (Duty to give statement during official
investigation; During the course of any official investigation by this
department, any member shall be required to give a full, complete and
truthful statement if requested).
4. Violation
of Ventura County Personnel Rules and Regulations, Section 2105, and
Ventura County Ordinance Code Section 1345-1.4.13.1 (Causes for
disciplinary action are as follows... incompetency, inefficiency,
dishonesty, ... or any other failure of good behavior or acts which are
incompatible with or inimical to the public
service).
5. Violation of
Ventura County Sheriff’s Department General Order #24 (Custody and Control
of Evidence).
The above
grounds are based on the following acts or
omissions:
1. On June 24, 1983, at 2200 hours you
prepared a report documenting an arrest made earlier in the evening. In
that report you misstated the sequence of events leading up to the
arrest.
a. On June 30, 1983, at 2330 hours,
you prepared a report documenting an arrest made earlier that
evening In that report you knowingly misstated your probable cause for the
initial vehicle stop. You knowingly gave a false description of the
physical evidence and you knowingly misstated the sequence of observation
of symptoms and administration of the field sobriety
tests.
3. On July 22, 1983, you participated In an
interview and survey of the sites Involved. During this interview you
justified the errors and misstatements In your reports by claiming you
were “high” on marijuana from a smouldering pipe.
4. On July 26, 1983, during a meeting with
Senior Deputy Lazz, you stated, “I want to be 100% honest with you,
I okeedoked the report, it wasn’t because I was
high.”
5. On August
2, 1983, during an interview with Senior Deputy Lazz you again stated that
you were under the influence of marijuana smoke.
6. On September 23, 1983, during an
interview with Senior Deputy Lazz you changed details of your observations
and actions during the Redford arrest. You also stated that you now felt
that the “vapors” which you had believed come from the marijuana may have
come from the air conditioner.
7. On June 30. 1983, after collecting
evidence pertinent to arrest 83-36973, you placed such evidence in a
common locker in the “D” area briefing room rather than the night evidence
locker provided.
As you will
recall, on December 28, 1981, a complaint was initiated against you
alleging violations of Section 334 of the Sheriff’s Manual (unnecessary
force against a prisoner). Section 329(2) of the Sheriff’s Manual (false
statements to superior officers when questioned, Interviewed or In
submitting reports), and Section 5203 of the Personnel Rules and
Regulations (failure of good behavior or other act which is inimical to
the public service). That complaint was determined to be
founded,
In addition,
on January 2, 1982, a complaint alleging excessive force against an Inmate
(Section 334 Sheriff’s Manual) was filed, This complaint was also
determined to be founded. You received a 20 day suspension and mandatory
psychological counseling as collective discipline for the combination of
these founded complaints.
You have been
counseled by your supervisors in the past reference your credibility and
actions towards arrestees. In particular, your evaluation dated January 2,
1981, stated, “Deputy Shaw at times has a tendency to make more of a
situation than is warranted by the facts.” On December 7, 1981, your next
evaluation stated in part, “Tends ‘to blow things out of proportion ...
making something out bigger then It actually is,” and “needs to improve
handling of inmates, as he tends to come on too strong with them at
times.’ Your most recent evaluation dated January 10, 1983, noted, “His
credibility among his peers and supervisors is greatly lacking. It is felt
his account of a situation cannot be relied upon.”
The above
facts show a continuing pattern, of untruthfulness in reports and in
dealing with supervisors and investigators. You have not responded to
counseling or to mandatory psychological counseling provided by the
department. Your continued conduct in this manner has resulted In your
credibility being destroyed in the eyes of your peers and your
supervisors. Such a lack of credibility brings discredit on yourself and
the department and renders you incompetent to perform as a Deputy
Sheriff.
You have the
right to appeal this action by filing a written petition with the Civil
Service Commission within ten (10) days of the effective date of this
disciplinary action. The petition should be addressed to the Civil Service
Commission, Ventura County Government Center, 800 South Victoria Avenue,
Ventura, CA 93009. A copy of the petition should, be sent to the Personnel
Director at the same address.
Very truly
sours,
AL. JALArv.
SHERIFF
Larry
Kalsbeek
Assistant
Sheriff |