Florida Officer, Who Broke Man's Neck... Cleared (by wftc.com Oct. 16, 2010)

Fla. Officer Who Broke Man's Neck Cleared

Posted: October 16th, 2010 09:44 AM EDT

Story by wftv.com

ORLANDO, Fla. --

An Orlando police officer slammed an 84-year-old man to the ground so hard he broke his neck, but Friday the department said Officer Travis Lamont did not break any rules.

Daniel Daley is still in the hospital in intensive care. His attorney, Mark NeJame, told WFTV he's not surprised the Orlando Police Department cleared its officer but said it wasn't right.

NeJame was appalled that the "use of force" investigation points out that Daley is six inches taller than Officer Travis Lamont.

"Six inches, 60 years, um, there is a 60-year age difference. Come on, everybody knows, you got an 84-year-old person. Who cares how tall they are?" NeJame said.

NeJame says Daley is slowly getting better. He is out of a medically-induced coma and he is starting to speak.

His neck was broken during his arrest in September in the Lake Ivanhoe area after his car was about to be towed.

Police said he was drunk and belligerent. The Orlando police "use of force" investigation concludes Officer Lamont was justified in using what police call a hard take down to arrest Daley. The investigation also concluded that he used the technique correctly even though Lamont and the other officer made conflicting statements.

Lamont said Daley grabbed his neck with one hand and pulled back to punch him with the other.The other officer says Daley tried to choke him with both hands

Police chief Val Demings put out a statement Friday saying, "We have begun the process of reviewing the use of force policy and will make appropriate modifications."

"How would you expect them to admit wrongdoing when in fact such an admission would be tantamount to them admitting damages which would be massive in a matter such as this. So it's completely expected but completely wrong," NeJame said.

Daley's medical bills are already in the hundreds of thousands. His recovery could take years.

Daley has given the Orlando Police Department notice that he plans to sue.

According to the report, the officer's sergeant questioned Daley at the hospital after his arrest.

Sgt. Jonathan Bigelow wrote, "I asked the subject, 'How come you did not listen to the officer when he told you not to touch him?' The subject replied, 'I was wrong. I guess I went a little too far.'"

"That is custodial interrogation and it violates a constitutional right to question him without having given him his Miranda warnings," WFTV legal analyst Bill Sheaffer said.

Sheaffer says the police are relying on Daley's alleged statement, even though they say Daley was too drunk to drive.

Copyright 2010 by wftv.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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N.J. City Plans to Lay Off Half of Police Force (by Matt Katz, The Philadelphia Inquirer) December 1, 2010

N.J. City Plans to Lay Off Half of Police Force
Posted: December 1st, 2010 01:03 PM EDT
BY MATT KATZ
The Philadelphia Inquirer
Camden will lay off nearly half of its police officers and a third of its firefighters while eliminating positions in every city office, according to a layoff plan approved Tuesday by the state.
The 383 total layoffs represent about a quarter of the city's work force, and touch all corners of city government, from 15 positions in the municipal court to 20 police dispatchers.
The City Council will meet to consider the plan on Thursday, and those affected will be notified by Friday. The layoffs, including 180 police officers, would take effect Jan. 18.
Camden's long economic meltdown began with the loss of its industrial base more than a half-century ago. The city is so lacking in taxable property that its revenue only covers about a quarter of the city budget. Cuts in state aid this year compounded the problem.
Last week, Camden was named the second most dangerous city in the country by a national survey.
The number of layoffs could be softened by retirements, or, less likely, concessions from the unions, all of which are in the midst of contract negotiations.
Al Ashley, the president of the union representing officers in the fire department, said the union was not given any guarantee that concessions would reduce the number of layoffs.
Ashley said because Camden does not have the tax base to sustain itself, the situation will only continue to get worse.
"Unless they're going to throw up casinos starting tomorrow and they're finished in six months, we're not going to have any more revenue [in fiscal year 2012] than we did this year," he said. "Where does it end? It breaks my heart."
McClatchy-Tribune News Service
Printable version may be for personal use only. Content may not be duplicated, re-used or otherwise replicated without expressed, written consent from Officer.com and/or the original author/source.

N.J. City Plans to Lay Off Half of Police Force (by Matt Katz, The Philadelphia Inquirer) December 1, 2010

N.J. City Plans to Lay Off Half of Police Force
Posted: December 1st, 2010 01:03 PM EDT
BY MATT KATZ

The Philadelphia Inquirer
Camden will lay off nearly half of its police officers and a third of its firefighters while eliminating positions in every city office, according to a layoff plan approved Tuesday by the state.
The 383 total layoffs represent about a quarter of the city's work force, and touch all corners of city government, from 15 positions in the municipal court to 20 police dispatchers.
The City Council will meet to consider the plan on Thursday, and those affected will be notified by Friday. The layoffs, including 180 police officers, would take effect Jan. 18.
Camden's long economic meltdown began with the loss of its industrial base more than a half-century ago. The city is so lacking in taxable property that its revenue only covers about a quarter of the city budget. Cuts in state aid this year compounded the problem.
Last week, Camden was named the second most dangerous city in the country by a national survey.
The number of layoffs could be softened by retirements, or, less likely, concessions from the unions, all of which are in the midst of contract negotiations.
Al Ashley, the president of the union representing officers in the fire department, said the union was not given any guarantee that concessions would reduce the number of layoffs.
Ashley said because Camden does not have the tax base to sustain itself, the situation will only continue to get worse.
"Unless they're going to throw up casinos starting tomorrow and they're finished in six months, we're not going to have any more revenue [in fiscal year 2012] than we did this year," he said. "Where does it end? It breaks my heart."
McClatchy-Tribune News Service
Printable version may be for personal use only. Content may not be duplicated, re-used or otherwise replicated without expressed, written consent from Officer.com and/or the original author/source.

Two Men bound, gagged & stabbed in Rialto; Motive Unknown.. LA Times 100610

2 men bound, gagged and stabbed in Rialto; motive unknown

October 6, 2010 | 11:58 am

Four men in their 20s were arrested Wednesday after allegedly binding, gagging and stabbing two men outside a Rialto home, authorities said.

The two victims, who live in the high desert, drove to Hesperia on Tuesday night to meet some people, but when they arrived, four men gagged them and tied their wrists, drove them in their own car to Rialto, said Lt. Joe Cirilo of the Rialto Police Department.

Police said the victims were then stabbed multiple times in the upper body, and it appeared the suspects planned to set them on fire. But something happened to break the chain of events.

“They were in the middle of stabbing the victims, somebody fired a gun nearby and forced the suspects to flee,” Cirilo said. “We found a gas can with a rag next to it. It appears that not only did they intend to stab and kill the victims, but they wanted to torch the car and burn the victims inside.”

Police were trying to determine where the gunshots came from and if they were related to the stabbing.

At 12:19 a.m., police and firefighters received a call about a possible shooting in the 1800 block of West Base Line Road. When they arrived, they found one of the victims on a dirt shoulder.

“He ran a short distance,” Cirilo said. “He was bound and gagged with duct tape.”

Police quickly found the other stabbing victim, who was in critical condition. Both were taken to a hospital.

Soon after, authorities arrested the four suspects, all in their 20s, who had been hiding nearby. The motive for the stabbings was under investigation.

-- Ching-Ching Ni

Wiggins trial gets underway in Rialto Shoting by Mike Cruz SB Sun

Wiggins trial gets under way in Rialto shooting

Mike Cruz, Staff Writer

Created: 09/30/2010 04:37:21 PM PDT

FONTANA - A trial of a man suspected in the 2007 shooting death of a Rialto police SWAT officer has gotten under way as police personnel have recounted the incident in court.

Officer Sergio Carrera suffered a fatal gunshot while he and other members of the Rialto SWAT team were serving a search warrant on Oct. 18, 2007 at a West Cascade Drive apartment.

While prosecutors allege Krist Antonio Wiggins killed Carrera with an officer's weapon, the defense has said that Wiggins did not pull the trigger.

Police served the warrant because they believed drugs were being sold from the residence, but no drugs or weapons were found there.

Wiggins, who is being held in lieu of $2 million bail, faces one count of murder and special circumstances that the victim was a police officer.

The trial is in Fontana Superior Court.

A recap of initial testimony:

FRIDAY, SEPT. 24

Police Officer Anthony Quinonez gave tearful testimony about the shooting death of Carrera, a fellow officer and friend, while serving a search warrant.

While searching the living room and kitchen areas, Quinonez testified that he heard gunfire down a hallway toward the bedrooms, yelling and the sound of people fighting. After yells of "Rialto Police Department - search warrant!" suddenly came the distressing call of "Officer down!" he said.

An emotional Quinonez, answering questions from prosecutor Cary Epstein, described how he saw two SWAT officers carrying a fellow officer through the hallway and back out of the house.

"He appeared to be limp, and he wasn't moving," Quinonez said. "I knew I lost a partner and a friend."

Rialto police have said they raided Wiggins' apartment, which he shared with a girlfriend and three children, because they suspected rock cocaine was being sold there.

Sheriff's investigators say Wiggins tried to flee down the hallway from the six-man SWAT team that came into the apartment. In a bedroom, Wiggins fought with SWAT Officer John Black, who had his AR-15 rifle slung over chest, authorities said.

The two men wrestled on the bedroom floor, with Black's rifle between them. At least one other officer also tried to help control and detain Wiggins when the first gunshot fired, according to investigators. Quinonez testified there was a pause and then two more shots.

TUESDAY

Piece by piece, Black put on his Rialto SWAT team equipment to show a jury how he looked on the day a search warrant ended with the death of Carrera.

First came the 30-pound protective vest.

Then came a duty belt followed by radio, flashlight, handcuffs and more.

Prosecutor Cary Epstein then handed Black his AR-15 rifle, which the corporal slung over his chest, and his handgun to slide in the holster.

Black testified the equipment added up to 40 pounds to his 180-pound frame on Nov. 17, 2007.

At a 5 a.m. briefing the day of the SWAT operation, Black said he learned of his assignment.

"Point man, No. 1," the corporal testified. Part of his duty would be to protect the rest of the officers behind him. "The No. 1 person is always the first person to go in the door."

Black's testimony in Wiggins' trial is key because he reportedly chased the defendant into a back bedroom, where he tackled him and fought aggressively to control him. During the struggle, Black's rifle fired and fatally struck Carrera near the bedroom doorway.

Prosecutors have charged Wiggins with murder and a special circumstance that the victim was a police officer. If convicted, Wiggins could spend the rest of his life in state prison.

After the briefing and various rehearsals in the police parking lot, the SWAT teams from Rialto and Colton police departments staged at Base Line and Riverside Drive, making last-minute preparations before boarding a Bear Cat armored vehicle to the location.

Earlier on Tuesday, Officer Carl Jones continued his testimony from the day before.

Jones and Black said they were told that drugs, weapons and gang members could be in the apartment, which was the justification for the heavy response.

Prosecutors asked Jones what the outcome might have been if Wiggins complied with their commands to get on the ground when the SWAT team entered the apartment.

"He would have been handcuffed, without incident," Jones said. Instead, Wiggins ran down a hallway when flashbang devices were deployed and the officers entered the front door, according to testimony.

When Jones got to the back bedroom, Black was on top of Wiggins, on the ground and fighting face-to-face, he said. Jones could see the barrel of Black's rifle under his right armpit and pointing toward the door opening, he said.

Jones said he drove a Taser into the abdomen of Wiggins, who screamed in pain for "the full ride."

But Wiggins continued to fight with Black, and then the rifle fired.

Black was surprised to learn that it was his rifle that fired, and he didn't realize his rifle went off, Jones said. The witness said he could not see anyone's hands.

In a conversation later with a sergeant, Jones described the shooting as friendly fire, he said.

"Friendly fire, meaning it came from our weapon, yes," Jones said, agreeing that he used that term.

Carrera died at Arrowhead Regional Medical Center in Colton.

WEDNESDAY

Black testified he was in the fight of his life with Wiggins and was unaware of his rifle's position or that it had fired during the struggle, which killed Carrera.

Officers had been briefed that drugs were being sold at the residence and gang members could be inside, authorities said.

When SWAT officers came through the front door, Wiggins sat up on a couch, turned to look at Black, who was the first officer inside, and ran down a hallway.

Officers shouted commands, "Rialto police, search warrant," and "get on the ground."

Black followed Wiggins toward a bedroom, and the defendant charged at the officer as he came through the bedroom doorway, Black said.

"He lunges toward me with both hands," Black said.

Something then hit Black on the left side of his jaw.

The officer's rifle, which had been in a ready position, swung to his left side as he let go and pushed back at Wiggins. They both fell to the ground, with Black on top.

Wearing full SWAT officer gear and his rifle again in court, Black demonstrated the fight positioning with a sheriff's detective on the courtroom floor. Black said he could feel constant pushing pressure underneath from Wiggins, and the rifle was between the two men.

"I lost sight of his hands, and they went between us," Black said of Wiggins. The officer said he punched Wiggins repeatedly while yelling for him to stop resisting.

Black heard another officer yell, "Taser! Taser! Taser!" Then the rifle fired, and Black heard yells of "Officer down!" Wiggins was moaning.

Black said his focus was on Wiggins. He heard the shots behind him, but the corporal testified he was initially unaware of who did the shooting and who got shot. Black said he was unaware of his rifle's position and whether it had fired.

A rifle strike to the left side of Wiggins' head and a kick to his right side from other officers stunned Wiggins enough for Black to slip handcuffs on the still-resisting defendant. Wiggins said nothing throughout the incident, according to the corporal.

Black said he noticed shell casings and a rifle leaning against the wall. The barrel was pointing to the ceiling.

"I asked what happened, and they said it's your gun," Black said. "It didn't sink in."

Carrera was shot while standing in the hallway at the bedroom door. Two other officers carried him out of the residence.

Black said he was exhausted during what he called "a violent fight."

In his experience, the witness said his rifle has never come off him and it had never discharged without pulling the trigger.

Defense lawyer George Wright showed jurors a photo of a bloodied Wiggins, pointing out locations of the blood, and he focused on Black's statements to investigators.

Wright also questioned Black about a broken grip on his rifle and the trajectory of the bullets fired. The defense lawyer also asked Black if the SWAT team had been briefed on non-compliance at the location.

"I didn't expect that situation to take place," Black said. "We prepared for that situation to take place."

Testimony is expected to continue today.

Corporal testifies in trail for Rialto SWAT Officer's Death by Mike Cruz: Daily Bulletin

Corporal testifies in trial for Rialto SWAT officer's death

By Mike Cruz

Created: 09/28/2010 06:44:41 PM PDT

Piece by piece, Corp. John Black put on his Rialto SWAT team equipment to show a jury in the trial Krist Wiggins how he looked on the day a search warrant ended with the death of his colleague, Officer Sergio Carrera Jr.

First came the 30-pound protective vest, then came his duty belt followed by radio, flashlight, handcuffs and more. Prosecutor Cary Epstein then handed Black his AR-15 rifle, which the corporal slung over his chest, and his handgun to slide in the holster.

Black testified Tuesday in Fontana Superior Court that the equipment added up to 40 pounds to his 180-pound frame on Nov. 17, 2007, the day he tangled with Wiggins while serving a warrant at Wiggins' apartment on West Cascade Drive, in Rialto.

At a 5 a.m. briefing the day of the SWAT operation, Black said he learned of his assignment.

"Point man, No. 1," the corporal testified. Part of his duty would be to protect and shield the rest of the officers behind him. "The No. 1 person is always the first person to go in the door," Black said.

Black's testimony in Wiggins's trial is key because he reportedly chased the defendant into a back bedroom, where he tackled him and fought aggressively to control him. During the struggle, Black's rifle fired and fatally struck the 29-year-old Carrera near the bedroom doorway.

Police served the warrant because they believe drugs were being sold from the residence, but no drugs or weapons were found there.

Prosecutors have charged Wiggins with murder and a special circumstance that the victim was a police officer. If convicted, Wiggins could spend the rest of his life in state prison.

After the briefing and various rehearsals in the police parking lot, the SWAT teams from Rialto and Colton police department staged at Base Line and Riverside Drive, making last-minute preparations before boarding a Bear Cat armored vehicle to the location.

Black is expected to continue his testimony Wednesday in Fontana Superior Court.

Earlier in the trial proceedings Tuesday, Officer Carl Jones continued his testimony from the day before. Both Jones and Black said they were briefed that drugs, weapons and gang members could be in the apartment, prompting a heavy response.

Prosecutors asked Jones what the outcome might have been if Wiggins complied with their commands to get on the ground when the SWAT team entered the apartment.

"He would have been handcuffed, without incident," Jones said. Instead, Wiggins ran down a hallway when flash-bang devices were deployed and the officers entered the front door, according to testimony.

When Jones got to the back bedroom, Black was on top of Wiggins, on the ground and fighting face-to-face, he said. Jones could see the barrell of Black's rifle under his right armpit and pointing towards the door opening, he said.

Jones said he drove a Taser into the abdomen of Wiggins, who screamed in pain, for "the full ride." But Wiggins continued to fight with Black, and then the rifle fired.

Black was surprised to learn that it was his rifle that fired, and he didn't realize his rifle went off, according to Jones. The witness said he could not see anyone's hands.

In a conversation later with a sergeant, Jones described the shooting as friendly fire, he said.

"Friendly fire, meaning it came from our weapon, yes," Jones said, agreeing that he used that term.

Carrera later died at Arrowhead Regional Medical Center, in Colton.

Partner gives tearful testimony in fatal 2007 shooting of Rialto Police Officer.. by Mike Cruz SB Sun

Partner gives tearful testimony in fatal 2007 shooting of Rialto police officer

Mike Cruz, Staff Writer

Posted: 09/24/2010 05:29:34 PM PDT

FONTANA - Rialto Police officer Anthony Quinonez gave tearful testimony Friday about the shooting death of fellow officer and friend Sergio Carrera while serving a search warrant for suspected drug sales.

Carrera suffered a fatal gunshot while he and other members of the Rialto SWAT team were serving the warrant Oct. 18, 2007, at a West Cascade Drive apartment.

Krist Antonio Wiggins, who lived at the location, is on trial in Fontana Superior Court where he faces criminal charges in Carrera's death that, if he is convicted, could send him to state prison for the rest of his life.

While searching the living room and kitchen areas, Quinonez testified that he heard gunfire down a hallway toward the bedrooms, yelling and the sound of people fighting. After yells of "Rialto Police Department - search warrant!" suddenly came the distressing call of "Officer down!"

An emotional Quinonez, answering questions from prosecutor Cary Epstein, described how he saw two SWAT officers carrying a fellow officer through the hallway and back out of the house.

"He appeared to be limp, and he wasn't moving," Quinonez said. "I knew I lost a partner and a friend."

Quinonez is the first witness to testify in the trial. Wiggins faces one count of murder and special circumstances that the victim was a police officer. If convicted, the defendant could be sentenced to life in state prison without the possibility of parole.

Testimony is expected to continue Monday.

Rialto police have said they raided Wiggins' apartment, which he shared with a girlfriend and three children, because they suspected rock cocaine was being sold there.

Sheriff's Department investigators say Wiggins tried to flee down the hallway from the six-man SWAT entry team that came into the apartment. In a bedroom, Wiggins fought with SWAT officer John Black, who had his AR-15 rifle slung over chest.

The two men wrestled on the bedroom floor, with Black's rifle between them. At least one other officer also tried to help control and detain Wiggins when the first gunshot fired, according to investigators. Quinonez testified there was a pause and then two more shots.

While prosecutors allege Wiggins killed Carrera with Black's weapon during the fight, the defense has said that Wiggins did not pull the trigger.

Deputy Public Defender George Wright has also alleged that the search warrant was based on false information. No evidence of drugs or weapons were found in the apartment, according to authorities.

Both lawyers delivered their opening remarks to the jury, to start the testimony phase of the trial, shortly before 3 p.m. Thursday.

Wiggins is also wanted on a $100,000 warrant out of Grenada, Miss., on suspicion of selling rock cocaine. A judge had lowered the bail to $30,000 there, and Wiggins jumped bond, according to Grenada County Sheriff's Department.

mike.cruz@inlandnewspapers.com
909-386-3880

Woman in alleged Rialto Police Sex scandal to file lawsuit .. San Bernardino Sun 092310 by Josh Dulaney

Woman in alleged Rialto Police sex scandal to file lawsuit

Josh Dulaney, Staff Writer

Posted: 09/28/2010 05:10:16 PM PDT

RIALTO - The attorney for Nancy Holtgreve, a strip club worker at the center of an alleged sex scandal involving on-duty police officers, is moving forward with a lawsuit against the city after it recently rejected a $500,000 claim.

"I am going to go ahead and prepare a lawsuit on Nancy's behalf," said Danuta W. Tuszynska, the Riverside-based lawyer for Holtgreve. Tuszynska said the lawsuit may be filed by the end of October.

Holtgreve, a drink server at the Spearmint Rhino, alleged in her claim that several female employees of the club and police officers engaged in sex together at the Rialto Police Benefit Association's union hall. She named officers James Dobbs and Lamont Quarker in her claim, saying she had sex with each of them while they were on duty. Holtgreve alleges that she had sex with Quarker, a narcotics officer, in the Police Department's narcotics office. She also says Dobbs fathered a son she gave birth to in March.

According to Holtgreve, Dobbs, whose last day with the department was Aug. 12, intimidated and abused her after she demanded he pay child support.

The department won't say if Dobbs was fired or resigned, citing an internal investigation that has been completed and is under review.

Holtgreve alleges that Dobbs didn't want his relationship with her to hurt a custody battle with his ex-wife, or an alleged relationship with a woman who works in the department.

Dobbs and Quarker have not returned messages seeking comment.

Holtgreve alleges that the city fostered and perpetuated a culture of unwanted sexual harassment of women by male police officers, and that the department failed to protect her from Dobbs after she made authorities aware of the alleged intimidation and abuse.

In August, the city rejected much of Holtgreve's claim, saying it was not lawfully filed within six months of when many of the alleged incidents took place.

Tuszynska said the claim focused on the events which allegedly occurred after Holtgreve's son was born in March, but the city said that part of the claim didn't provide enough information to determine if there was a valid claim against the city, and it needed to be amended and re-submitted or no action would be taken.

While Tuszynska said the information provided in the claim was more than sufficient, she filed an amended claim.

The city has rejected the amended claim, which is why Tuszynska is preparing the lawsuit.

City Attorney Jimmy Gutierrez said there was very little added to the amended claim.

"I don't want to be insulting to this woman because she may have a valid claim," Gutierrez said. "(But) when I don't get a lot of vital information, that suggests to me that I don't have a valid claim."

Gutierrez outlined 42 issues in his initial response to Tuszynska.

He wrote, in part, that the claim failed to state the dates, times and places when Dobbs used his position as a peace officer to intimidate and threaten Holtgreve.

He also said the claim did not state the times, dates and places during which the city fostered and perpetuated a culture of unwanted sexual harassment of females by male police officers.

Gutierrez said the amended claim Tuszynska filed on behalf of Holtgreve failed to address the issues he brought up.

"She in no way came close to answering those questions or providing that information," Gutierrez said. "As I told her already, there is not enough information to evaluate if the city has any liability."

Tuszynska said the rejection is standard procedure and that most governmental entities reject "99 percent" of the claims that are filed against them.

"Our tort claim was more than sufficient to put this city on notice as to the various causes of action that Nancy has against the individual officers, as well as the city of Rialto," Tuszynska said. "Nonetheless, we will move forward with the lawsuit after the rejection."

Police Chief Mark Kling launched the internal investigation in May, which led to six officers. Four were placed on paid administrative leave.

Authorities have not named the officers on leave, citing the investigation under review.

Rialto Officer's Accused of Having Group Sex Parties While On Duty, KTLA NEWS... Woman claims she had a love child with an Officer...

Rialto Officers Accused of Having Group Sex Parties While on Duty

Woman claims she had a love child with an officer who refused to pay child support.
Watch Rebecca Hall's Report

KTLA

2:02 PM PDT, August 6, 2010

RIALTO -- A strip club waitress who says Rialto police officers had sex with women while on duty has filed a $500,000 harassment claim with the city.

Nancy Holtgreve alleges the San Bernardino County town perpetuated a culture of sexual harassment by policemen.

The claim, filed last week, says Holtgreve and other women at the Spearmint Rhino club had sex with officers in the Rialto Police Benefit Association union building - including group sex.

The department is investigating six officers.

Holtgreve also claims officer Officer James Dobbs abused and threatened her after she gave birth to his son in March and that the department failed to protect her.

Holrgreve filed a complaint with the department in July after Dobbs allegedly failed to pay child support and threatened her.

She says Dobbs didn't want to jeopardize his child custody battle with his ex-wife or his relationship with a girlfriend.

The 37-year-old waitress has also made several damaging statements to area newspapers about the habits of various Rialto police department officers, prompting police Chief Mark Kling to place Dobbs and three other officers on paid leave.

"This is not representative of this department," Kling said. "We are going to hold these officers accountable if these allegations are true. And if the allegations aren't true, we are going to do everything we can to clear their names."

Holtgreve told several media outlets that the ordeal has been a "living hell" for her.

"Just because you're a police officer, it doesn't give you the right to use intimidation," Holtgreve said. "I guess if you pay your union dues you can do anything you want."

Her attorney says Holtgreve will sue if her claim is rejected.

City Attorney Jimmy Gutierrez says the city isn't liable because Holtgreve had consensual sex.

Rialto Strip Club Linked to Policee Sex Probe. (by Josh Dulaney) San Bernardino County Sun

Rialto strip club linked to police sex probe
Josh Dulaney, Staff Writer
San Bernardino County Sun
Posted:

RIALTO - Internal investigators are probing claims that police officers were having sex on duty with employees of a popular strip club on Riverside Avenue, authorities said Monday.

"We've got confirmation that employees of the Spearmint Rhino were involved with officers in our department," Police Chief Mark Kling said.

Nancy Holtgreve, a 37-year-old server at the club, told the department in May that she had sex with Officer James Dobbs three times last year at the Rialto Police Benefit Association's union hall after she left work and while Dobbs was on duty.

Holtgreve said she and her co-workers after shifts frequently met Dobbs and other officers at a nearby 24-hour restaurant.

Neither police nor Holtgreve would confirm whether the other Spearmint Rhino employees were exotic dancers.

Holtgreve said she brought the allegations to the department because she feared for her safety when Dobbs allegedly abused and threatened her after she demanded he pay child support for their three-month-old son.

Phone messages to Dobbs though the union, at the police station and on his personal voicemail were not returned Monday.

"We know where Nancy works," Kling said. "We have talked to a number of people in this investigation and the investigation has taken us to a business and some homes."

Four officers have been placed on paid administrative leave while the department conducts an internal investigation.

Kling would not confirm the names of the officers on leave, citing the investigation.

Councilman Ed Scott, who owns a different downtown bar, said Monday he had heard rumors from his patrons that women who work at the Spearmint Rhino were involved with Rialto police officers.

"For about a week, that's what I had heard," Scott said.

Scott said he was very concerned about the allegations of officer misconduct.

"I'm concerned that a small group of them would be involved in any conduct like that with employees of any business," he said. "It certainly isn't the Spearmint Rhino's fault."

Kathy Vercher, the club's president and chief operating officer, said she was not aware of the investigation and did not want to comment.

The president of the Rialto police union said Monday he, too, was unaware of any misconduct at the union hall.

"I can unequivocally tell you that I've had no knowledge of that happening at the union hall," Sgt. Richard Royce said. "That's not what the hall is for. I do not condone and my membership doesn't condone that kind of activity."

Dobbs sometimes wanted to have sex at the union hall, where there were at least two beds, Holtgreve alleges.

Royce said there are beds in the hall, but those are for officers who need to rest after working double or graveyard shifts.

The hall, which is located near Ayala Drive and Base Line, is generally used by officers during off-shift activities and official union business, Royce said.

Royce said every union member has a key to the building, and "a lot" of city employees have one too.

But the union, in light of the allegations, has authorized funding for security upgrades that include new locks and potentially a surveillance system, he said.

"When this came to my attention, we took immediate steps to prevent it from happening," Royce said, but added: "I'm not saying it happened."

Only union members will continue to have a key or code to enter the building, Royce said.

"That's what they pay their dues for," he said.

Rialto scrambles to fund new pension costs
Josh Dulaney, Staff Writer
Posted: 01/23/2010 07:05:05 PM PST

RIALTO - At a time when local governments are looking to cut spending every way they can, this city is preparing to spend up to $5 million a year on upgraded pension packages for police, firefighters and other employees.

Budget plans for the 2010-11 fiscal year will have to account for the new "3 at 50" pension plan, which allows firefighters and police officers with 30 years of service to retire as early as age 50 and collect up to 90 percent of their highest annual salaries for the rest of their lives.

A slightly less generous improvement is also kicking in for the city's 400 general employees.

The combined pensions will account for roughly 10 percent of Rialto's $52 million annual budget, when they take effect next year.

City Administrator Henry Garcia had no luck in recent weeks trying to convince the workers' unions to delay implementation of the new plan because of the tough economy. The unions already gave up about $4 million in concessions to close last year's budget gap.

It'll be up to the City Council to decide where the money comes from.

"We're going to use reserves and look for funding sources that can fund it," said Councilman Ed Scott, who was among a 3-2 council majority that voted to approve the pension two years ago.

He added: "I have some faith and belief that the economy is going to turn around and we're going to find some revenue sources to deal with it."

Officials with the union representing Rialto police officers said their members have already given up plenty to help the city cope with the recession.

"We have given up pay increases, holiday hours. . .We'd given up a lot in advance so it's not a hardship on the city," said Richard Royce, president of the Rialto Police Benefit Association.

Representatives of the fire and general employees' unions could not be reached Friday or Saturday.

In the short term, the city will rely on its $31 million in economic reserves, a pot set aside for a rainy day.

Rialto isn't alone. The 3 at 50 pensions for public safety employees are as common in San Bernardino County as the government officials who worry the pricey benefit is unsustainable.

"I think in general there's concern about the retirement system across the state, the retirement system that serves government as a whole," Fontana City Manager Ken Hunt said. "Fontana is a very good system and it's very expensive. The question becomes, can it be maintained."

Last week, Orange County culminated years of negotiations about 3 at 50 when sheriff's deputies agreed to reduce the pensions for new hires. The move helps the county, but doesn't solve the long-term pension funding problem.

The thought of more local governments adopting new 3 at 50 plans in the current economy should be of huge concern to taxpayers, said Orange County Supervisor John Moorlach, who has long fought to roll back that county's 3 at 50 pensions.

"The pension contribution will be an ulcer in the budget because it will always grow and then you will have to bump other things out," he said.

A divided council

The 2008 effort to approve Rialto's new pensions was not unlike the debate that follows 3 at 50 proposals everywhere.

Supporters argue that police officers and firefighters put their lives on the line for the residents they serve, often shortening their own lives through wear, tear and exposure to a wide range of hazards.

As a result, they deserve earlier retirements and financial security.

"We're getting guys at 25, 26, 27 and they don't last much past 50," said Royce, the police union president. "This is a very hard career."

Some police and fire departments also worry about losing good employees if they can't match the pensions being offered elsewhere.

"I supported it because it's a tool the police chief needs to recruit some talent into the city," Scott said. "We had a history of not good recruitment, and when you're surrounded by municipalities that have (it), it's hard to match that."

Mayor Grace Vargas and Councilman Joe Baca Jr., joined Scott to approve Rialto's 3 at 50 pensions by one vote.

Vargas did not return a message seeking comment but Baca said the city owes it to the workers.

"We need to take care of our employees," he said. "They do a good job in the city and they should be awarded with a good retirement."

But critics argue the plans are far too generous, given the much more modest pensions typically found in the private sector. Another criticism is that, rather than spending their 50s playing golf, many maxed-out "retirees" take new jobs at other departments, collecting consulting fees or full salaries in addition to their 90 percent pensions.

"In economic terms, these people are millionaires and that's paid for by the taxpayers," said Steven Frates, senior fellow at the Rose Institute of State and Local Government at Claremont McKenna College.

Councilwoman Deborah Robertson and former Councilwoman Winnie Hanson voted against Rialto's 3 at 50 plans.

"It was just a very expensive thing and I felt the city could not afford it and I think I was right," Hanson said last week.

But voting against the interests of the police and fire unions might have carried a political price. Hanson suspects the vote might have cost her a 2008 re-election bid against Ed Palmer months later.

Robertson did not return messages seeking her reasons for opposing the pensions.

It's the type of issue that can make city leaders feel as if they're in a no-win situation.

"Somewhere, the line between public safety, public good and public costs needs to be debated," said Garcia, the Rialto city administrator. "People want public safety. Here's the cost, you pay for it and that's the way it is."

Some seek to roll back pensions

In Montclair, city officials have trimmed services, frozen job vacancies, reduced overtime and benefits, and borrowed $2.5 million in General Fund money to ensure the retirement program is funded.

And even before the current recession, they sought concessions from the unions on 3 at 50.

"Every agency is struggling right now and we all do it in different ways," said Edward Starr, deputy city manager in Montclair. "You don't want to do it on the back of the employees, but you also don't want to do it on the back of the community."

Montclair went to a two-tier system in 2005. Safety personnel hired after June 29 of that year would have a "3 at 55" benefit, while those hired before then kept 3 at 50.

Montclair's experience also illustrates how pension costs can change dramatically with modest changes in the retirement age.

Starr said if all cops in Montclair were on 3 at 50, it would cost the city roughly $1.6 million a year. If all were at 3 at 55, the cost would be about $560,000 a year.

Rialto officials hope to follow suit.

"We're looking at that," said Scott. "When we go to negotiations, we would ask the labor unions to consider a two-tiered system."

Others want to take the discretion away from local governments.

A group called California Foundation for Fiscal Responsibility has crafted an initiative for the November ballot that would drastically reduce pension benefits for future public employees.

According to the non-partisan Legislative Analyst's Office, the group's initiative would amend the state Constitution to limit defined-benefit pensions and retiree health benefits for state and local government employees hired on or after July 1, 2011.

The measure establishes minimum retirement ages, such as 58 for new cops and firefighters, and 60 for other public safety employees. All other new employees would submit to the full retirement age as defined by Congress, which is 67 for persons born in 1960 or after.

"It's sucking money out of our economy," said Marcia Fritz, who helped craft the initiative. "It's our money and then people start drawing on these investments and then they (retire out of state)."

Fritz estimates the measure would reduce costs statewide by $14 billion over the first six years and $533 billion over 33 years.

In the meantime, Rialto officials realize they need to increase revenue. There are high hopes for a San Bernardino County expansion of the landfill here. Also on the table is a plan to lease out the city's water department and save maintenance costs. Consolidations of city departments are also being considered.

"Right now we're going to have to make some tough decisions," Baca said.

Some officials worry it might already be too late for some cities.

Moorlach, the Orange County supervisor, pointed to the Northern California city of Vallejo, which filed for bankruptcy in 2008, in part, because of expensive retirement packages.

"We're all trying to figure out who files for Chapter 9 bankruptcy first," he said, "whether it's in Orange County or San Bernardino County."

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BS Ranch Perspective:

I know this reference the retirement system that the city is claiming problems paying for, and that is that the RPBA took a 10% reduction in their pay, they have lost seven days of Holiday Time for the year, also they cannot build up more then Two Weeks of Comp. Time. They also are working on a very strict Schedule that doesn't allow Overtime Pay, they are asked to take Compensation time off, a thing that has been capped, to the point that it is only approx 80 hours cap, so if they work overtime and put in the compensation time as requested by the Management, & they start to exceed the cap, they are then asking for more trouble at work!

I know that this sounds weird since they are not paying now, they are paying the Officer with Time off, but if they don't have the manpower on the schedule they cannot allow anyone time off, that is where the Comp. Time reaches the cap fast and cannot be reduced as there is not enough Officers to make up a safe shift.

The pay cut, Holiday Time cap Reduction and Holiday Time reduction was done so that in the 1.5 years in the future they might be able to keep the Retirement Package, Rialto after all was working without this retirement package for three years before it was to come into existence.

Now that the time is Nearing, and they have asked the Police Department to take a Cut in Pay, and they agreed and complied, it has been really hard for a great deal of Officers to work through this cut in pay. I see it first hand Knowing Many of the Officers and their Families, the struggle has been difficult.

The City of Rialto has paid for the retirement Plan on the books for more then Thirty years, Paying the 9% of pay for the Current Retirement System, and now that they have agreed to new plan, a Plan that over 90% of all law enforcement currently have with the exception of the new hires for Orange County Sheriffs Department. Even the lower priced Departments have it, Departments such as San Bernardino Sheriff's Department, The Sheriff's department for the most part has a lower budget for their Deputies, and this you would think would make it harder for the SBSD to afford such a Retirement Plan, but they have had this said plan for close to Ten Years now.

Surly the Rialto Police Department can pay for this plan, by doing one simple thing, and this simple thing was forced upon the Police Department already and that is to tighten their belts. The Police Department Employee's have done this and they have not lost any of the officers to bankruptcy etc etc...

I am sure that the City of Rialto will be Okay, they have been Okay in the past and this is not anything to worry about, Unless the City Council Members make it hard for the Police Department. a thing that seems to be Par for the Course, since they made it such a big Headline and are attempting to make their own Employee's the bad guys like they did back in 2003 with the Contract Battle to close the Police Department and offered the job to the Sheriff of San Bernardino County!

That ended in a very embarrassing Loss to the City Council, Look at those council members that were against the Police Department, at that time, why even the Council Members that voted against the Retirement Package.. OOH THAT'S RIGHT, YOU CAN'T, THEY HAVE BEEN VOTED OFF THE CITY COUNCIL TODAY!!

BS Ranch

*Not being a Retired Employee, I am not positive on the Pay Cuts that were approved by the RPBA, especially in regards to the Holiday Time/Comp. Time. However I know that the Police Department took a TEN PERCENT cut in pay, and this was devastating for many to adjust to. This I do know first hand being friends with all my past work mates..