City named in three civil suits
Updated: 02/15/2010 03:12:50 PM PST
As reported last week, Donald “Rick” Miele’s suit alleges two counts of defamation and one count of defamation to prevent future employment, a violation of Labor Code 1050.
The 14-page complaint, filed in Los Angeles County Superior Court, names Chief Mark Puthuff in his personal and professional capacity, along with the City and police department.
Miele was employed at FBPD from December 2007 to May 2008, about four months. He had worked for the Oakdale Police Department and Southern California agencies before accepting the position here. According to the complaint, Miele’s fiance’s mother had been diagnosed with cancer, prompting him to give two weeks’ notice so he could move to Los Angeles to support her.
After moving to the L.A. area, Miele applied for a position with the LAPD and a background check began, the complaint reads.
“Much to Miele’s surprise, he was informed by LAPD background investigations that he was disqualified to serve at LAPD, due to negative information received from the Fort Bragg Police Department,” the complaint states. As a result, he was subsequently disqualified from every other law enforcement position to which he applied.
“When Miele inquired as to the reason for his disqualification, he was informed by Hermosa <!– var cb = Math.random(); var d = document; d.write('’); d.write(”); // –>Beach Police Department … that the situation at Fort Bragg’ prevented his hiring,” the complaint states. “The background [check] was admittedly conducted as a result of piggybacking on the LAPD’s background investigator report.”
Miele investigated further, at the request of LAPD officials, and traveled to Fort Bragg to review his files personally. The complaint states that the file contained no citizen complaints, disciplinary actions or internal affairs investigations during Miele’s four-month employment. Also included was a checklist which showed that Miele passed all psychological tests, interviews, background investigations and physical exams.
Miele believes that Puthuff, Sgt. Charles Gilchrist and others not yet known uttered slanderous statements to background investigators, who then repeated those statements to other agencies, not realizing they were defamatory.
“Once Miele determines the identity of the [John] Does who made defamatory statements, said individuals will be added to the complaint,” it states.
A key factor in the case surrounds a statement by an LAPD investigator who said the disqualifying information was that Miele failed to disclose information about two incidents. The investigator said he was told that Miele had been “rude and unprofessional” on two occasions, and that he was counseled, placed on a performance improvement plan and resigned the next day. The complaint states the investigator said the information came during a phone call from Fort Bragg Police Department.
“On information and belief, Miele believes that other defamatory statements were issued out of hostility, spite and back-biting as a result of leaving Fort Bragg Police Department suddenly, with only two-weeks’ notice after unexpectedly having only served four months at FBPD,” the complaint states.
Miele’s attorney, Joy Rosenquist, said in an email that dollar amounts for damage are still being determined.
“We will likely use the Los Angeles Police Department’s pay scale as a starting point for what he would be making, but was prevented from doing so because of the defamation and Labor Code violations,” she said. “That will be our starting point.”
Here’s the link to the entire article written by TONY REED Staff Writer
http://www.advocate-news.com/search/ci_14405983?IADID=Search-www.advocate-news.com-www.advocate-news.com
