Court of Appeal Determines that the Civil Service Commission Abused its Discretion in Reducing the D

A deputy sheriff’s failure to report two incidents of abuse of an inmate constituted an inexcusable neglect of his duty to safeguard the jail population; his lies during the subsequent investigation hindered rectification of the situation, brought discredit upon his position and department, and forever undermined his credibility; it is simply intolerable that dishonesty and a culture of silence that countenances abuse of prisoners be permitted within the ranks of those charged with public safety and welfare, and the civil service commission to reduce the deputy’s discharge to a 30-day suspension was an abuse of discretion. (See, County of Los Angeles v. Civil Service Commission (Montez) - filed Oct. 3, 2019, Second District, Div. One, 2019 S.O.S. 2998.)

In reaching its decision, the Court of Appeals cited to Kolender v. San Diego County Civil Service Com., 132 Cal.App.4th at page 722, in that "[n]o requirement exists that [the] . . . Sheriff’s Office retain officers who lie and protect deputies who harm inmates; rather, the Sheriff [is] entitled to discharge [such an officer] in the first instance.”


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