A former Los Angeles police captain fired after an internal investigation determined he gave false statements regarding a relationship with a civilian employee is seeking reinstatement as well as back pay and benefits, alleging he was denied due process.
Ex-Capt. Alejandro Vargas’ Los Angeles Superior Court petition states that the LAPD Board of Rights panel upheld only one allegation, that being his allegedly untrue statements regarding his reputed association with a police dispatcher. The board found him not guilty of another count and the case was reduced after other allegations were found to be time-barred, the petition states.
“A false-statement allegation carries uniquely grave consequences for a peace officer and frequently becomes the driving basis for termination,” according to the petition. “If LAPD suspected Vargas of dishonesty, pursuant to LAPD Policy, the assigned investigator was required to give him notice, confront him with alleged inconsistencies and permit him to clarify or explain the statements during the investigation.”
The LAPD failed to follow due process, according to the petition.
A representative for the City Attorney’s Office did not immediately reply to a request for comment on the petition filed May 12.
The Internal Affairs notification to Vargas referred to alleged “misconduct by a department employee in the form of detrimental workplace behavior,” but the “vague and generic description failed to provide meaningful notice that he was allegedly being investigated for engaging in a sexual, intimate, romantic, dating or otherwise inappropriate relationship with a subordinate,” according to the petition.
The notice also did not inform him that his responses and denials during the interrogation could later be “transformed” into a dishonesty or false statement allegation, the petition further states.
“The record demonstrates that the alleged relationship accusation — already deemed out of statute by the department’s own documentation — became the driving force behind the investigation, interrogation strategy, credibility determinations and eventual termination decision,” the complaint alleges.
The petition also contends that the department failed to provide Vargas a “constitutionally adequate Skelly hearing,” a reference to a pre-disciplinary due process procedure in California that guarantees permanent public or civil service employees the right to respond to proposed termination, suspension or demotion before the disciplinary action is finalized.
Vargas is asking that the termination be set aside and that he be reinstated to his previous position or to an equivalent one, with back pay. His petition states that even if he is not reinstated he should receive back pay and benefits.
A common occurrence. When the organization decides they want you gone they conspire. Hence the $10 million plus yearly law suit /settlement payouts to sworn employees for reporting these repeated players. The tax payers know nothing about what goes on except when employees decide to report it in an article as this. Meanwhile the double standards under the nose of the C.O.P. Continues. The city council votes repeatedly to pay out to Lapd victims settlements to the wronged police officer than investigate and fire the repeated players. How does that help the future victims of Lapd from these egregious acts? It doesn’t These players have patterns of misconduct; they are protected by investigators from the division or from Internal Affairs; they conspire at the cost of the taxpayer to further their dishonest agenda to go after lapd employees. Vigilante style. It’s corruption and if investigated by an outside agency it would be found out but that takes a prayer and an act from God. Apparently.So they get away with it. I know. It happened to me. Can you say Harbor/ RHDCaptain Billy Hayes. Forced out but never fired. Why? Case in point.
The LAPD command staff/COP Will retaliate when they want you out of the department. They will conspire and manipulate the internal affairs investigations, because the lawsuit money doesn’t come out of their pockets and there is no consequences to their actions. The only way to get a fair investigation Is to take it out of the departments corrupt internal affairs division and have the investigation conducted by an outside agency.
Amen! Spot on. I bet if they made an example of one of these culprits & those who choose to cover up &/or fail to report and investigate; AND include as part of their penalty out of pocket restitution to the taxpayers of the city of Los Angeles perhaps they just might think twice. Make restitution back to the taxpayers a consequence for their participation.
There are many incidents where Internal Affairs have gone after officers at the request of command staff. This is a common occurrence in the LAPD. If you are a threat they will eventually come after you. I have several LAPD friends that have been negatively impacted by this corrupt system. LAPD truly needs independent investigators. The LAPD has proven time and time again, that the they can’t properly investigate themselves. They are costing the taxpayers too much money.
Yes! What is so disappointing is that because it’s police officers and their livelihood both in career and at home and not the public at large, we are dismissed and ignored Consequently no formal investigation of the inside from a 3rd party. No one talks while active for fear of retaliation and understandably so. I did and I paid dearly. But I survived and retired honorably thanks to one deputy chief who heard me. I’m one of the rare stories. Our lives are expendable. You stop this inside corruption one case biopsy at a time. And you charge them all and watch what happens. Start with mine. I begged him in a letter (I have) for his help naming the offenders on the job in 11/2009 me and he did not follow through. He is Chief Jim McDonnell. I was toast that day forward. I would never lie. I took an oath. I have no reason to. But the truth hurts for many and drastic measures they do. . I’m so sorry your friends suffered as they have. I understand and It’s wrong. 🙏