Administrative/Disciplinary Appeal Victories

Archive for the ‘Administrative/Disciplinary Appeal Victories’ Category

“Hey… it’s better than a kick in the head.”

Wednesday, August 11th, 2010

On August 24, 2008, Correctional Officer Jorge Garcia was working a shift in a rover position assisting officers wherever needed for the San Joaquin County Jail. Suddenly, he received a radio transmission from a partner requesting assistance in Unit 4, a tense and dangerous unit reserved for discipline problems. As he rushed to Unit 4, Officer Garcia saw that his partner’s radio indicated “Man Down.” Then the radio went dead.

Garcia rushed to the scene and found two officers struggling with an inmate. The inmate had already attempted to tackle an officer and was resisting with officers on the ground. The inmate attempted to bite one of Garcia’s fellow officers on the arm. Garcia deployed a single, swift kick to the inmate’s head preventing the bite.

Garcia was terminated for excessive use of force and dishonesty during the investigation. The department did not believe Garcia’s account that the inmate was attempting to bite the other officer.

In its rush to condemn Officer Garcia for kicking an inmate in the head, the Department made several missteps. The department failed to provide a full Skelly packet, a serious breach of Officer Garcia’s POBR rights. The Department did two reenactments of the incident but only provided one set of photos.

The two reenactments showed radically different scenarios. When Mr. Lauro Paredes from Goyette & Associates, Inc. cross-examined the Department’s witnesses, they admitted that there had been two different reenactments, neither of which Garcia participated in. The Department should have been upfront in providing all of the photos from both reenactments so that Garcia could fully prepare his defense and the arbitrator sustained a finding against the Department for this violation.

On behalf of Officer Garcia, special use of force expert Ray Arquilla testified that Garcia’s actions were justified. He explained that an inmate bite could be deadly due to the high rate of diseases in the inmate population. The Department’s own witnesses conceded that inmate bites were frequent. One of their witnesses admitted that he had been bitten on a previous occasion and described, on cross-examination by Mr. Paredes, the extent of the health precautions the Department had him undertake.

Following the hearing, the arbitrator found that Garcia was honest during the investigation and that the Department had violated its Skelly responsibilities. The Arbitrator ordered Garcia reinstated with full seniority and significant backpay. Before he could pull on his boots and get back to work, however, Officer Garcia found out that his ordeal was not over yet.

The Department refused to honor the arbitrator’s decision. This refusal came in spite of the Association’s MOU, which clearly called for binding arbitration. The Department, unwilling to concede that they had overreacted in Officer Garcia’s case, filed a Writ to overturn the arbitrator’s decision in San Joaquin County Court.

Mr. Paredes and the team at Goyette & Associates defended against the Writ, arguing that the arbitrator had made a well-reasoned decision based upon facts in the record. In a lengthy decision, the Superior Court held that the County must honor the arbitrator’s decision. Garcia has finally been able to return to work at the Department after more than a year’s absence.

Posted in Administrative/Disciplinary Appeal Victories, Lauro Paredes | No Comments »

I Saw G&A in the May PORAC News…

Friday, June 25th, 2010

Hi Jennifer,

My Name is David Barajas and yesterday (06-24-10) I met with Lauro A. Paredes for the first time regarding my case in Stanislaus County Probation. I just wanted to inform Goyette & Associates that I was very confident with representation and professionalism that your firm conducting themselves during a very stress full time in my career.

When I met Mr. Paredes on 6-24-10 in the interview room I was making a comment to him that I had just read a article from PORAC News Vol. 46 No.5 May 2010 about an employee in Contra Costa County Probation and how he was vindicated from his actions. Mr. Paredes informed me that he represented that officer. The story in the article was great and shows that with the right experts, officers can be exonerated.

I also wanted you to pass on to Attorney Dan Thompson and Labor Representative Paul Konsdorf for working as a team and giving me a positive outlook and getting me through a most stress full ordeal in my 15 year career. Both Mr. Konsdorf and Mr. Thompson assisted me with my legal rights along with moral support. Mr. Konsdorf was the first person I contacted and he always returned my calls promptly and I felt very confident from day one.

Again Thank You! To Goyette & Associates.

Posted in Administrative/Disciplinary Appeal Victories, Dan Thompson, Lauro Paredes | 1 Comment »

Thank you letter to Attorney Dan Thompson

Friday, April 30th, 2010

Dan,

I wanted to personally thank you and your firm. Dan Thompson recently represented me in an arbitration hearing. It was a difficult case and the outcome was positive which resulted in a “Win.” I was impressed with his professional etiquette as well as his knoweldge of law. Dan is a hard working individual and had spent several hours on my case. Dan always returned my email as well as my phone call. I highly recommend Dan Thompson and the staff of Goyette and Associate to work on your case.

Terry

Posted in Administrative/Disciplinary Appeal Victories, Dan Thompson | No Comments »

G&A: A Contributing Editor to the RN Guardian Forum

Tuesday, April 27th, 2010

Goyette & Associates attorneys are taking in a minimum of 2 new cases per week from nurses who have had an accusation filed against them with the Department of Consumer Affairs, BRN. These nurses are in various stages of the BRN’s process. Some are lucky enough to already be RN Guardian members, which means they just have to pick up the phone, call Jennifer and she takes it from there, assigning an attorney and acting as a liaison. Other nurses call us because they’ve received the dreaded notification from the BRN and they are being asked to speak with a BRN investigator. It’s always best for us to get involved at this point. We can walk the RN through it and give them guidance as they go through the investigation process, to mitigate mistakes on their part that could cause problems for them later if they go to hearing.

Often that is not the case. Sometimes a nurse will call after he or she has already met with the investigator and the BRN has decided that they are going to impose a discipline, up to and including revocation of the RN’s license for ever. There is still time for G&A attorneys to step in at this point and attend the BRN hearing as the nurse’s counsel. To date, we are very proud of our 98% success, rate.

In order to help nurses before the investigation becomes this severe and before an entire way of life is in jeopardy, we’ve worked with RN Guardian to develop a Forum where nurses can share their stories and we can respond with some of our own: http://rnguardian.wordpress.com/ . We want nurses to find us before it is too late. We want them to know that if a complaint is made to the BRN, there is a chance that it will turn into an investigation. And if the investigation doesn’t go well, there is a little less than 50/50 odds that that nurse is going to keep her license. Those are not good odds. Everyone makes mistakes, even the best nurses and that doesn’t necessarily mean they should lose their entire career and way of life as a result. We’ll offer tips on how to avoid a complaint in the first place, the steps to take to take if the BRN gets wind of it and if needed, we can make a recommendation for a few good attorneys if it goes that far!

If you know any nurses, send them to the RNG Forum. Let them know that your favorite Law Firm is going to be contributing to it on a regular basis. We would love to hear what the nursing community has to say.

Posted in Administrative/Disciplinary Appeal Victories, Firm News, RN Guardian News | No Comments »

Superior Court Sides with G&A on 12 Day Suspension Overturned

Monday, April 26th, 2010

Goyette and Associates has defeated the Department of Corrections’ attempt to impose discipline on a Correctional Lieutenant employed at Pelican Bay, for innocent conduct that occurred in 2005. The Department of Corrections attempted to institute 12 days suspension on a Lieutenant for a violation of a purported rule, which did not exist at the time of the conduct. After the State Personnel Board refused to uphold the Department’s discipline, the Department appealed to the Superior Court, demanding the Judge impose an Order imposing 12 days of discipline. After extensive briefing and argument, the Superior Court refused to impose the discipline, agreeing with Goyette and Associate’s attorney, Joy Rosenquist, that the Personnel Board got it right the first time in their ruling. The Lieutenant will not have to endure this suspension. We have no doubt the Department will appeal, because that’s just what they do, even though we believe it’s a waste of taxpayer resources. For more information on this win, contact Joy Rosenquist.

Posted in Administrative/Disciplinary Appeal Victories, Joy Rosenquist | No Comments »

Correctional Sgt cleared of misconduct nearly 1 year after death in custody.

Wednesday, April 14th, 2010

The old adage “the wheels of justice grind slowly” is so often the case when dealing with internal affairs investigations in any law enforcement agencies across the state. This is especially true when dealing with the California Department of Corrections and Rehabilitation as the bureaucracy between state agencies can often mire the investigative process to a near standstill. Nearly one year ago a Correctional Sergeant at Folsom State Prison was served notice of an emergency investigation to be conducted over the weekend regarding a recent death in custody. An inmate with a complex series of health issues had died after becoming combative with officers necessitating use of force against him by correctional staff, and specifically the Sergeant.

Receiving notice only the night before, Goyette attorney Dan Thompson immediately responded so that the Sergeant could have legal representation during an unusual Saturday investigation. Attorney Thompson met with the Sergeant well in advance of the interrogation to provide both support and reassurance in an unsettling situation as well as assist his client in preparing to answer some tough questions. In addition, Thompson made sure that the Sgt did not voluntarily answer any questions from criminal investigators who were present in addition to the agents from the Office of Internal Affairs. Voluntarily speaking to criminal investigators (even if you are innocent) can unnecessarily expose you to additional liability. Ultimately, nearly one year later, the Sergeant just received notice that she was exonerated of all charges against her and that she was not the cause of the inmate’s death.

Consulting with your legal counsel prior to participating in an internal investigation is of critical importance in all cases. This is especially true if the investigation may contain a criminal element to it should the incident involve the death or serious injury of an inmate or the discharge of a firearm or other use of deadly force. Even in less serious cases, having your legal counsel present can reassure you that you are taking the right steps, that you are adequately prepared and understand the process, and ultimately be key component to a positive outcome. Though the final results may take a full year to be issued, news such as this Sergeant just received is good no matter how long it takes.

Posted in Administrative/Disciplinary Appeal Victories, Dan Thompson | No Comments »

Email Testimonial: G&A’s Attorney Lauro Paredes Termination Reversal

Monday, April 12th, 2010

Jennifer,

Thank you for asking. I would be honored to have my testimonial posted on your blog. Not only does Lauro deserve my gratitude, but so does Steve Palazzo as well as your entire firm. Thank you again.

Officer “Smith”
Sent from my iPhone

On Apr 12, 2010, at 11:38, “Jennifer Coalson” <jennifer@goyette-assoc.com> wrote:

Mr. “Smith”,

I’m the Chief of Staff of Goyette & Associates and Lauro forwarded me the email you sent to him. I don’t know if you’ve spent any time on our blog http://blog.goyetteassociates.com , but I often post favorable letters regarding our attorneys work and their testimonials from our clients. I was hoping that with a few minor adjustments (like omitting names and specifics) you would allow me to post your email to Lauro along with a brief description regarding Lauro’s success with your reversal of Termination.

On a personal note, I’m sorry to hear that your workplace has become unbearable and that you will leaving law enforcement. We appreciate what you do every day and I wish you all the best in whatever your new endeavors entail.

Regards and Gratitude,

Jennifer D. Coalson-Perez

Chief of Staff

Goyette & Associates Inc.

Attorneys at Law

Office (916) 851-1900

Mobile (916) 606-9992

This e-mail is from Goyette & Associates, Inc., a law firm, and may contain information that is confidential or privileged. If you are not the intended recipient, do not read, copy, or distribute the e-mail or any attachments. Please notify the sender and delete the e-mail and any attachments. Thank you.

Sent: Friday, April 09, 2010 8:48 AM

To: Lauro Paredes

Subject: Update

Lauro,

Just checking in with you with an update. I’ve made the decision that I will be quitting my employment with probation. There are several reasons why, and I fealt it was only fair to let you know why. I can not work for a department that is constantly trying to find something wrong with anything. I am too scared to go to work and constantly watch my back when doing my job correctly. This is a stress that I no longer want to deal with, and don’t want to end up having a heart attack or other medical issues before I retire. I have done it for six years. Also, I believe no one can honestly say that they will give me a position that is better than all swing shifts; and I have 50% custody of my son and I am not willing to give that up. With all that said I have lost my passion in law enforcement because of that department. I appreciate everything your firm and the union has done to support my case. I can not put into words how grateful I am.

Thursday is supposed to be my return date therefor, on Wednesday, I will be submitting my letter of resignation to _______ effective immediately. Again, thank you very much for your hard work.

“Officer “Smith”

Posted in Administrative/Disciplinary Appeal Victories, Lauro Paredes | No Comments »

Thank You Note From G&A Client Regarding Attorney Dan Thompson

Wednesday, April 7th, 2010

Jennifer,

I am a police officer for the City of _______. Dan Thompson recently represented me in an Internal Affairs investigation conducted by my department. Although no one enjoys going through such an experience, Dan kept me upbeat and confident in a positive outcome throughout the entire process. I was impressed with his knowledge of departmental policies, law and his professional etiquette when dealing with my superiors. I know first hand that my Chief appreciated his professionalism. The “true” series of events was brought to light due to Dan’s hard work and resulted in a “Win” with my case. Dan is an asset to your firm and I would be grateful if you could relay my appreciation to Paul.

Steven

Posted in Administrative/Disciplinary Appeal Victories, Dan Thompson | 1 Comment »

Attorney Dan Thompson Achieves Results at Skelly Hearing

Thursday, April 1st, 2010

Police Officer with Hayward PD was recently served with a notice of a 1 week suspension without pay in addition to a 1 pay step reduction for an entire year. The allegations giving rise to this discipline pertained to eleven departmental reports that were alleged to have been turned in late or not properly completed. Goyette attorney Dan Thompson conducted a detailed and lengthy Skelly hearing on behalf of the officer and went through each report and the circumstances surrounding it. As a result, the Chief only sustained discipline on 5 reports and reduced the discipline to a 1 pay step reduction for 12 pay periods. The reason this hearing was successful was due to the time invested to properly evaluate the facts and bring to light each detail in our client’s favor. In addition to simply conducting the Skelly on the facts, Dan also worked with the Chief to find a method by which the officer could avoid similar problems in the future thereby working towards a long term solution for his client.

Posted in Administrative/Disciplinary Appeal Victories, Dan Thompson, Labor and Employment Client Outcomes | No Comments »

Termination Reduced to Voluntary Demotion with Same Pay

Friday, March 26th, 2010

On November 10, 2009 an employee at the High Desert State Prison received some of the worst news anyone in today’s economy can receive; she was terminated effective immediately. She contacted Goyette and Associates to help her in this time of crisis and her case was assigned to attorney Dan Thompson. For state employees who have an appeal right to the State Personnel Board, a pre-hearing settlement conference is first required to attempt to resolve the matter. At the settlement conference only 4 months later, Attorney Thompson was able to successfully salvage her career. Instead of a termination, Dan negotiated a voluntary demotion to another job classification (with almost identical pay) while working with a different supervisor with whom she did not have the same conflicts. In addition, her ability to promote in the future was not restricted, the notice of adverse action imposing the termination was withdrawn and she also received some back pay. In today’s economy all of your appeal options must be aggressively pursued and thoroughly utilized to obtain the best possible resolution in a system that can be painfully slow. Goyette and Associates takes full advantage of each stage of appeal to obtain the best possible result for their clients.