Tuesday, September 13, 2005

Rialto Police Department Pulled From The Brink of Extinction... Dieter C. Dammier..

Rialto Police Department Pulled From The Brink Extinction

By:
Dieter C. Dammier

On the night of September 13, 2005, the Rialto City Council approved by a 4 to 1 vote a contract for police services to be taken over by the San Bernardino County Sheriff's Department. This was done with the minimum 24 hours notice required to hold a Special Council meeting. The next day, Sheriff's personnel were taking inventory of equipment and moving quickly to take over operations. To many, including those within the Rialto Police Department, it was a "done deal" and there was nothing left to do but work on a smooth transition. Fortunately, a handful of officers, supported by the vast majority of the membership of the Police Association, decided to put up a fight. The Association President, Andrew Pilcher, was an officer in Compton when the Los Angeles County Sheriff's Department took over that city and felt that his Association (in Compton) did not strongly enough oppose that takeover. He was not willing to see the same thing occur under his watch.

Rialto POA's attorneys, Lackie, Dammeier & McGill, took swift action to lay the groundwork for what would be a six-month legal and political battle over the survival of the Department. A Temporary Restraining Order was sought and obtained in San Bernardino County Superior Court, immediately putting a halt to the Sheriff's takeover. Fortunately for the RPOA, the City Attorney, Robert Owen, gave bad advice to the City in regard to its obligation to meet and confer over contracting out police services. Superior Court Judge Bob Krug agreed with Rialto POA's position that the issue was subject to the meet and confer requirements. Accordingly, a Preliminary Injunction and later a Permanent Injunction was issued instructing the City to not implement a Sheriff takeover until it had fully complied with its meet and confer obligations. Given the meet and confer requirements, which included Court ordered meet and confer sessions, an impasse fact finding procedure, as well as, potential binding interest arbitration, this was a significant delay for the City to implement its plan.

The legal battles were highly publicized in the local media. Although delayed, the talk of Rialto focused on how much longer the Police Department could survive. First the Temporary Restraining Order was granted giving a few weeks, then a Preliminary Injunction was granted allowing two more months and finally a Permanent Injunction was obtained requiring the City to go through the lengthy meet and confer procedures before a takeover could commence. The City's petitions to the Court of Appeal and even the California Supreme Court were summarily rejected and the City was left with little choice but to go through the meet and confer and subsequent procedures required by law.

The City went through the meet and confer process, maintaining its position that a Sheriff's takeover was unstoppable. City Council members in the local newspapers remained adamant in their positions that the police department would be disbanded. At first, the reason given was that it would save money. When it was clearly shown that it would not be a money saver based on the amount of personnel, the City then claimed that the crime rate had increased and that the Sheriff's Department could do a better job. When the facts were shown that the crime rates had in fact decreased, the City was shown to have been doing nothing more than union busting in its effort to get rid of the Rialto Police Officers Association. The City Administrator had also complained that too many lawsuits had been filed by Rialto Police Officers against the City in his written reasons for contracting out the Sheriff's Department. With that admission, Lackie, Dammeier & McGill also filed a retaliation lawsuit in Federal District Court against the City alleging the disbanding of the police department was in retaliation against officers protecting their rights and filing litigation.

While the legal battles were continuing, the RPOA geared up on the political front. RPOA PAC Chairman Glen Anderson gathered up community support for the cause and designed political strategy with political consultant Jim Freeman and this author to apply political pressure to the City Council. Anderson and Freeman even made a trip to Sacramento to garner support of state legislators who then contacted City Council members over what was clearly painted to be union busting.

Also taking place during the legal and political fight, Lackie, Dammeier & McGill drafted a ballot initiative to place the issue on the next ballot of whether the Council should have sole authority to contract out police services without voter approval. Rialto's citizens assisted in gathering signatures for the initiative and it was submitted to the City Clerk. Unfortunately, the City Clerk supported the City Council's effort and did everything in her power to frustrate the ballot initiative. She deemed invalid most of the signatures on the ballot initiative and claimed it could not proceed. Lackie, Dammeier & McGill filed for injunctive relief in the Superior Court to compel the City Clerk to validate the signatures. Days before the hearing in Court on the issue, the City Clerk relented, but only after receiving a letter from the San Bernardino County District Attorney's office explaining that her reasons for invalidating the signatures were unlawful.

Recall petitions of two city council members were drafted and served. Here too, the City Clerk attempted to stall or otherwise interfere with the recall process, at one point refusing to certify the recall petition for signature gathering. Again, Lackie, Dammeier & McGill sought injunctive relief in the San Bernardino Superior Court and days before the hearing, the City Clerk relented and certified the recall petitions for signature gathering.

Another tactic used by the Police Association was very frustrating to the City. The City in 2003, with the assistance of the RPOA, passed a utility user's tax which passed by only five votes of the residents. Since the public was sold on the idea that the tax would be for public safety, and given the City's pursuit of disbanding the police department, the RPOA felt the citizens should not have to continue paying this tax. Accordingly, Lackie, Dammeier & McGill drafted a ballot initiative repealing the utility user's tax should the police department be disbanded. Since this tax amounted to over 25% of the City's general fund, this elimination, which would have easily been approved by the voters, would have been financially devastating to the City.

Finally, on March 21, 2006, in the midst of seven lawsuits filed against the City, two recall petitions, a referendum and two ballot initiatives, as well as the public outcry, the City Council finally relented and reversed its position. The City negotiated a new two-year MOU with the Police Association calling for salary increases between 5% and 15% (depending on rank). The MOU also calls for the Police Association to have positions on the selection committee for the next police chief. As part of the global agreement, the RPOA agreed to dismiss the litigation cases in exchange for the City paying all of the Association's legal expenses it had incurred in fighting to maintain the Department, totaling $118,000.

The RPOA should be proud of its success in this case. This is the first case in California in which a contract was entered (approved by City Council) into for police services to be contracted out and the Association was able to reverse the tide and come out triumphant. They could not have done it without the support of fellow police associations from throughout the state and PORAC who rallied behind Rialto POA in its time of need.