C H LJ L A VISTA P O L I C E D E P A R T M E N T PROFESSIONAL ST AND ARDS. U N I T P S # 18-0284 Confidential Document Date: June 22, 2 0 1 8 To: Michael Ingle?', ID# 1 1 9 1 From: Captain V em Sallee Subject: NOTI.CE OF INTENDED DISCIPLINE (TERMINATION) This notice is to advise you that I will be recommending to the Chief of Police that you be terminated from your employment as a Peace Officer with the City. The recommendation is based upon PSU investigation No. 1 8 - 0 2 8 4 , which is hereby fully incorporated by reference in this notice, which determined that you engaged in the following misconduct: On April 8, 2 0 1 8 , at about 4 : 3 0 am, you met a civilian with whom you were having a dating relationship, at the 3 0 0 block of Moonview Avenue, Chula Vista. The location was the subject of many public complaints involving sexual activity and other inappropriate/unlawful conduct. uniform, on duty, and driving a marked police vehicle. You were in full Prior to meeting Ms. at that location, she had been texting you sexually explicit content. You and Ms. exited your respective vehicles. The two of you walked together toward a small path which led up a hill and to a water tower. engaged in oral sex and intercourse with Ms. minutes, you and Ms. . You then After about twenty-five returned to your respective vehicles and left. citizen observed you and Ms. go up the path and return. A The citizen was offending by your conduct, knowing the type of activity that occurred at that location. She subsequently reported her observations to the City. You admitted you went to that location and had oral sex and intercourse as described above. Your misconduct, as detailed above, violated the below Civil Service Rules and City and Police Department Policies, including PDM: 1. You violated PDM § 3 4 0 . 5 . 1 [Laws, Rules and Orders, Section (c): Violation of federal, state, local or administrative laws, rules or regulations] in that in that you, as described above, violated Penal Code Section 647(a) [An individual who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view] when you engaged in on-duty sexual activity (sexual intercourse and oral sex) in a public place(which was the subject of many public complaints involving sexual activity and other inappropriate/unlawful conduct) with a female you had been dating and which was reported by a member of the public. Confidential Document C H U L A VISTA P O L I C E D E P A R T M E N T PROFESSIONAL S T A N D A R D S U N I T PS# 18-0284 Confidential Document 2. You violated PDM § 340.5.4 [Relationships, Section (b): Engaging in on-duty sexual activity, including, but not limited to, sexual intercourse, excessive displays of public affection or other sexual contact] in that you, as described above, engaged in on-duty sexual activity (sexual intercourse and oral sex) in a public place(which was the subject of many public complaints involving sexual activity and other inappropriate/unlawful conduct) with a female you had been dating and which was reported by a member of the public. 3. You violated PDM § 340.5.9 [Conduct, Section (h): Criminal, dishonest, or disgraceful conduct, whether on or off duty, that adversely affects the member's relationship with this department] in that you, as described above, engaged in on-duty sexual activity (sexual intercourse and oral sex) in a public place(which was the subject of many public complaints involving sexual activity and other inappropriate/unlawful conduct)with a female you had been dating and which was reported by a member of the public. 4. You violated PDM § 340.5.9 [Conduct, Section (m): Any other on-duty or off­ duty conduct which any member knows or reasonably should know is unbecoming a member of the Department, is contrary to good order, efficiency or morale, or which tends to reflect unfavorably upon the Department or its members] in that you did not conduct yourself in a manner expected of this department's members or consistent with its values and mission by, as described above, engaging in on-duty sexual activity (sexual intercourse and oral sex) in a public place(which was the subject of many public complaints involving sexual activity and other inappropriate/unlawful conduct) with a female you had been dating and which was reported by a member of the public. described above, your conduct was unprofessional and unbecoming. As Your actions and behaviors were contrary and detrimental to the morale of the department. 5. You violated Civil Service Rule ("CSR") 1.08(A)(3) [Commission of a criminal offense related to the job including moral turpitude or conduct amounting to a any felony or conviction for an offense requiring registration under PC 290] in that in that you, as described above, as a peace officer you are expected to obey all laws, particularly since you enforce such laws, and you violated Penal Code Section 647(a) [An individual who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view] when you engaged in on-duty sexual activity (sexual intercourse and oral sex) in a public place(which was the subject of many public complaints involving sexual activity and other inappropriate/unlawful conduct) with a female you had been dating and which was reported by a member of the public. 6. You violated CSR 1.08(A) (5) [Conduct of such a nature that it causes discredit to the agency or the employee's position] in that you, as described C o n fi d e n t i a l Document CHULA VISTA P O L I C E D E P A R T M E N T PROFESSIONAL STANDARDS U N I T PS# 18-0284 Confidential Document above, engaged in on-duty sexual activity (sexual intercourse and oral sex) at a public place (which was the subject of many public complaints involving sexual activity and other inappropriate/unlawful conduct) with a female you had been dating and which was reported by a member of the public. 7. You violated CSR 1.08(A) (16) [violation of any department rule, regulation, or policy] in that you violated, as described above, the following CVPD Policies when you engaged in on-duty sexual activity (sexual intercourse and oral sex) at a public place(which was the subject of many public complaints involving sexual activity and other inappropriate/unlawful conduct) with a female you had been dating and which was reported by a member of the public: • PDM § 340.5.1 [Laws, Rules and Orders, Section (c): Violation of • PDM § 340.5.4 [Relationships, Section (b): federal, state, local or administrative laws, rules or regulations]; Engaging in on-duty sexual activity, including, but not limited to, sexual intercourse, excessive displays of public affection or other sexual contact]; • PDM § 340.5.9 [Conduct, Section (h): Criminal, dishonest, or disgraceful conduct, whether on or off duty, that adversely affects the member's relationship with this department]; and • PDM § 340.5.9 [Conduct, Section (m): Any other on-duty or off-duty conduct which any member knows or reasonably should know is unbecoming a member of the Department, is contrary to good order, efficiency or morale, or which tends to reflect unfavorably upon the Department or its members] A review of your personnel file, including performance evaluations, shows that you have received overall "satisfactory" evaluations. All written reports, materials and documents, upon which this action is based, are attached. Your personnel file, which contains your performance evaluations, is available for your review. If you wish to review your file, you can do so by contacting Lt. Miriam Fox or Sgt. John English in the Professional Standards Unit. Before a final determination is made regarding the recommended termination, you have an opportunity to respond to this action. You have the right to be represented and may respond orally at your "Skelly" meeting set forth below. You may also respond in writing. Any written response must be delivered to me prior to the date and time of the "Skelly" meeting. Failure to respond to me by the date and time indicated will be deemed waiver of your opportunity to respond. A "Skelly" meeting with Chief Kennedy has been scheduled. been scheduled for: Confidential Document The Skelly meeting has C H U L A VISTA P O L I C E D E P A R T M E N T PROFESSIONAL STANDARDS U N I T PS# 1 8 - 0 2 8 4 Confidential Document Date: July 1 2 , 2 0 1 8 Time: 0 2 : 0 0 pm Location: Chiefs Conference Room I acknowledge receiving this Notice of Intended Discipline (Termination) and attachments. On 1...Tv..rJ