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Civil Service
Commission County of
Ventura FINDNGS AND
DECISION Appeal from
Termination SCOTT
SHAW Deputy
Sheriff Ventura County
Sheriff’s Department HEARING With
Commissioners Vernon Robinson, Mariel Nickel and:
Chairman Carolyn
Goldsborough present, the Ventura County Civil
Sex-vice Commission
convened on February 21, 22, March 8, 9 and 20,
1984, to hear the
appeal from termination of Scott Shaw, Ventura
County Deputy
Sheriff. Appellant was represented by attorney Cynthia
R. Saffir, of the
law firm of Silver and Kreisler; the Sheriffs Department was
represented by Assistant County Counsel. Dennis Sljvinskj, STATEMENT OF
THE CASE 1.
Following
notice of proposed disciplinary action, served on October 24, 1983, and
after considering appellant’s response thereto, Assistant Sheriff Larry
Kalsbeek terminated Scott Shaw, effective November 15, 1983. The action
was based upon violations of the following. 2.
Sheriff’s
Manual, Section 306 (“Any member of the department who shall, in the
performance of his official duties . . . acts in a manlier to bring
discredit upon himself or the department, or who fails to assume
responsibility or exercise diligence, intelligence and interest in the
pursuit of his duties, may be deemed incompetent . . 3.
Sheriff’s
Manual, Section 329 (False information in records and
untruthfulness.) 4.
Sheriff’s
Manual, Section 314(ah (Duty to give a full, complete and truthful
statement, when requested, in the course of any official investigation by
the department.) 5.
Ventura County
Personnel Rules and Regulations, Section 2105, and Ordinance Codes Section
1345-l.4.l3l~ (Incompetency, Inefficiency, Dishonesty, Failure Of good
behavior, and Acts which are incompatible with or inimical to the public
service.) 6.
Sheriff’s
Department General Order *24: (Custody and Control of
Evidence.) FINDING OF
FACT 1.
On June 24,
1983, Scott Shaw prepared a report, documenting an arrest made earlier, in
which he misstated the sequence of events leading up to the
arrest. 2.
On June30,
1983, Scott Shaw prepared a report, documenting an arrest made earlier, in
which he knowingly misstated the probable cause for stopping a vehicle.
Moreover, he knowingly gave a false description of the physical evidence,
and knowingly misstated the sequence of observation of symptoms arid
administration of the field sobriety tests. 3.
In an effort
to justify the errors and misstatements In the aforementioned arrest
report of June 30, 1983, and in the course of an internal investigation
relating to the incident, Scott Shaw did offer four conflicting statements
relating to his observations and actions during the arrest, These
conflicting statements were made during interviews which occurred on July
22, July 26, August 2 and September 23, 1983. 4.
On June 30,
1983, Scott Shaw placed evidence, pertinent to an arrest, in a common
locker rather than in the evidence locker provided for such
custody. DECISION The Commission
notes that, in December, 1981, a complaint was filed against the
appellant, alleging his use of unnecessary force against a prisoner,
together with charges of having made false statements to superior officers
when questioned or interviewed. Within a week thereafter a second
complaint was filed, similarly alleging the appellant’s use of unnecessary
force against an inmate. These charges resulted in a 20-day suspension
from duty, from which Scott Shaw did not appeal. It is the
collective opinion of the Civil Service Commission that law enforcement
officers must be held to a higher standard of conduct than most, to ensure
the confidence and respect of the citizens they serve. Scott Shaw while
possessing many fine qualities which might otherwise make him an
outstanding law enforcement officer, has demonstrably failed to meet that
higher standard of Conduct It is the
decision of the Civil Service Commission that the termination of Scott
Shaw is justified and, therefore, sustained. BY ORDER
OF: THE CIVIL
SERVICE COMMISSION OF VENTURA COUNTY Carolyn P.
Goldsborough, Chairman Executed at
Ventura, California, this 26th day of April,
1984. |
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