Alameda County Sheriff's Office
Lakeside Plaza, 1401 Lakeside Drive, 12 th Flo01; Oakland, CA 94612-4305

Gregory J. Ahern, Sheriff
Director of Emergency Services
Coroner - Marshal

CONFIDENTIAL
MEMORANDUM
DATE:

January 5, 2015

TO:

Gregory J. Ahern, Sheriff~

FROM:

Administrative Review Board

SUBJECT:

Administrative Review - Deputy Sheriff Donald Couch
Internal Affairs Tracking Number 14-056

Date of Review:

i\'1\ I{

December 22, 2014

Present at Hearing:
Board Members:

Commander Thomas Wright, Chair
Commander Carla Kennedy
Commander Dennis Houghtelling

Department Rep:

Captain Kelly Miles

Employee Rep:

Steven Welty, Esq.

Violations Charged:

Civil Service Rules

2104( q) Any failure of good behavior or acts either during
or outside of office hours which are incompatible with or
inimical to the public service

Dept. Rules & Regs

2.1.3 Standard of Conduct
2.1.4 Standards of Performance (Cardinal Sins)
2.1.32 Agency Reports and Bookings

 Administrative Review/Deputy Donald Couch
December 22, 2014
Page2
Dept. General Orders
Storage

5 .24

Collection of Evidence/Property Processing and

DEPARTMENTAL CASE
The following case summary is based upon the Notice of Proposed Discipline and the
Administrative Investigation. It is intended to highlight the significant issues which led to the
sustained finding(s) in the investigation.
•

•

•

Sometime between January 1, 2014, and March 1, 2014, Deputy Couch and his two children
attended a social function in DPS Deputy
residence. During the function ·
Deputy Couch asked Deputy
for a pill due to back pain. Deputy
said he had
prescription drugs and gave Deputy Couch a pill similar to Vicodin. Deputy Couch ingested
the pill along with drinking 3-4 alcoholic beverages causing Deputy Couch to become
extremely intoxicated rendering him unable to drive a vehicle. In his IA interview Deputy
Couch admitted to ingesting the pill because he was very intoxicated and exercised poor
judgment. He also stated that he knew that taking non-prescribed medication was a crime
and denied having any chronic back pain, being injured at that time or having any pain
medication prescription since January 2014. The above conduct violates Civil Service Rule
2104(q) and Rules and Regulation 2.1.3. Deputy Couch knowingly ingested a prescription
pill that was not prescribed to him while also consuming several alcoholic beverages.
Deputy Couch knew or should have known that the effects of combining alcohol and drugs
would render him intoxicated in violation of Agency Rule and Regulation 2.1.4(4).
While on duty on June 20, 2014, Deputy Couch responded to the Cottonwood Apartment
complex located at 6538 Cottonwood Circle, Dublin, to assist Deputy
with
a burglary detail in progress. Three suspects were detained after being found inside of a
storage shed. During the detail Deputy Couch discovered a heroin kit while searching the
storage shed. The kit contained methamphetamine, syringes and about 4 pills which had an
appearance similar to Oxycontin. While going through the contents of the kit, Deputy Couch
was heard saying something to the effect of "Oh, yeah, badness here, badness here and these
are for me" while pointing to the pills. Deputy Couch then removed the pills from the heroin
kit and placed them into his right front pants pocket. Deputy
witnessed the
incident.
During his IA interview Deputy Couch admitted to recovering 4-5 pills from the storage
shed. However, Deputy Couch claimed the pills were non-narcotic and were blood pressure
or hypertension medication that closely resembled Oxycontin. Deputy Couch claimed the
pills were left behind in the shed because they were not part of the investigation or criminally
chargeable. Deputy Couch also stated he did not recall saying anything similar to "Oh yeah,
badness here, badness here and these are for me," while pointing to the pills. However he did
not deny making such a statement either. Deputy Couch claimed he showed the pills to
Deputy
by displaying all of the recovered items on the hood of a patrol vehicle and

 Administrative Review/Deputy Donald Couch
December 22, 2014
Page 3
that he advised Sgt
the pills were not narcotics before putting them back into
the storage shed.
• Deputy Couch's version of the events is not credible as Deputy
witnessed him place
the pills into his right front pants pocket. Also, Deputy Couch's statements conflicts with
other witness accounts as Deputy
did not recall speaking to anyone about pills, nor
does he, Sergeant
or Deputy
recall seeing any pills being found at the detail.
• Other than Deputy
witnessing Deputy Couch place the pills in his pants pocket, no
other employees interviewed regarding this incident saw or heard anything about pills being
found by Deputy Couch, and Deputy Couch failed to mention the pills in his supplemental
report. This violates Rules and Regulation 2.1.32 "Agency Reports and Booking" in that all
reports are to be truthful and complete.
• Deputy Couch's above conduct also constitutes poor behavior reflecting poorly on the
agency under Civil Service Rule 2104(q), violates Rule and Regulation 2.1.3 (Standard of
Conduct), and improper handling of confiscated drugs. Deputy Couch's conduct also
violates General Order 5.24, Collection of Evidence/Property Processing and Storage.
• On June 21, 2014, about 2215 hours, Deputy Couch responded to the Extended Stay Hotel
located at 4500 Dublin Blvd. in Dublin, to assist Deputy
with a narcotics
related investigation. Five suspects who were suspected of using narcotics had been detained
in Room 101. Three of the five suspects were arrested for being under the influence as well
as one of them being charged with possession of a narcotics pipe.
• Deputy
stated a methamphetamine pipe, three laptops computers and an illegal knife
were recovered from room 101 and placed into evidence. Deputies
and
saw
Deputy Couch recover a prescription pill bottle from a bag owned by the suspect Deputy
arrested for being under the influence and possession of the narcotics pipe. Deputy
believed the pills were Norco and thought there were multiple pills in the bottle
because he heard someone shake the bottle.
• Deputy
stated he and Deputy Couch had a conversation in the hallway to discuss
what criminal charges they should use. Deputy Couch told Deputy
that the pills
were just going to disappear and no one would be criminally charged for possessing them.
Deputy
interpreted this to mean that Deputy Couch was going to keep the pills for
himself.
• Deputy
acknowledged seeing Deputy Couch find a prescription pill bottle in a black
duffle bag while searching room 101 in the Extended Stay Hotel. Deputy
stated when
Deputy Couch arrived on scene "He kinda, like, start takin' over, talking and, searching."
Deputy
saw Deputy Couch open the prescription pill bottle. Deputy
described
seeing about 30 white oblong shaped pills which resembled Oxycontin. Although Deputy
did not know what happened to the pills, he said Deputy Couch retained possession of
all confiscated items. Deputy
thought Deputy Couch was going to place all of the
confiscated items into evidence. However, Deputy
was told the pills disappeared.
Deputy
did not recall who told him about the pills disappearing.
• Deputy Couch failed to place the pills into evidence and instead kept them for himself. In his
IA interview, Deputy Couch claimed he identified the pills as Oxycontin through the use of
the website Pill ID.com, and that he "wind tested" or destroyed the prescription pills. Deputy
Couch stated he spoke with Deputy
about the pills and the two of them concluded
that Deputy Couch would take the three suspects into custody for the misdemeanor offense of

 'Administrative Review/Deputy Donald Couch
December 22, 2014
Page4

•

•

•

•

•

•
•

"being under the influence of a controlled substance." This was to avoid being behind on
reports and not being able to "associate" the prescription pills to anyone in the room because
they were not under the influence of an opiate.
Deputy Couch also stated he placed the prescription pill bottle into his duty bag along with
one of the laptop computers recovered from the hotel room. After the end of his shift while
driving home, Deputy Couch realized that the third laptop was not placed into evidence. He
pulled to the side of the road to look for the laptop and he also noticed the pills. Deputy
Couch claimed he threw the pills away by tossing the whole bottle into some ivy plants along
the roadway where he had stopped.
Deputy Couch's statements about what he did with the pills are not credible. The
methamphetamine pipe was located in the same black duffle bag as the prescription pills.
Therefore, if there was enough evidence to arrest the suspect with being under the influence
of a controlled substance and possession of the methamphetamine pipe because the bag had
the suspect' s name on it, there was enough evidence to also arrest the suspect with possession
of a prescription drug.
Further, IA Investigators searched for the prescription pill bottle with the use of a drug
detection K-9 where Deputy Couch identified as the same location he had stopped and threw
the pill bottle into the ivy plants and were unable to locate the pills and the bottle. By Deputy
Couch's own admission, he agreed that he could have placed the Oxycontin into evidence for
destruction if he truly believed he could not link the pills to a specific suspect.
Deputy Couch's above conduct in taking evidence from a crime scene and keeping the drugs
for himself constitutes poor behavior reflecting poorly on the agency under Civil Service
Rule 2104(q) and Agency Rule and Regulation 2.1.3 (standard of Conduct). His conduct
also violated General Order 5.24, proper evidence processing of confiscated drugs.
On January 19, 2014, about 0206 hours, Deputy Couch responded to assist Deputy
to
assist in a solo vehicle traffic accident at AVB and Stagecoach in Dublin. The vehicle was
unattended and the RO was identified as a
Deputy
stated he searched
the vehicle and the contents of a purse which was located inside th~ vehicle. He mentioned
finding a prescription pill bottle with pills but was unsure what kind of pills they were.
Deputy
stated prior to the tow of the vehicle he saw Deputy Couch doing a secondary
search of the purse but did not see him take or be in possession of a pill bottle.
Deputy
was later contacted by
inquiring about her missing prescription
pill bottle.
described the medication as Clonazepan, for seizure disorders.
Neither Deputy
or Deputy Couch had much recollection of this incident involving the
pills. Deputy
nor anyone else saw Deputy Couch take the pill bottle from
purse. Standing on its own, there is not enough evidence to substantiate that Deputy Couch
took these pills from
purse.

The recording of the Administrative Review proceeding is available and on file with Internal
Affairs.

EMPLOYEE'S CASE

 Administrative Review/Deputy Donald Couch
December 22, 2014
Page 5
The following summary is based on the presentation of defense/mitigation by Steven Welty, Esq.
and Deputy Sheriff Donald Couch. The Administrative Review was tape recorded by the Board
representing the Alameda County Sheriffs Office.

Deputy Couch and his representative argued the following verbally during the hearing to the
Board:

•

•
•
•

•

•

•

•
•

Mr. Welty said it boils down to ifwe believe Deputy Couch that he did not take any pills for
himself. Is he telling us the truth? Mr. Welty started off by saying there is no dispute that
Deputy Couch took a non-prescribed pill at Deputy
residence while consuming
alcoholic beverages sometime between January, 2014 and March, 2014.
Mr. Welty said there is no dispute that Deputy Couch failed to properly log prescription pills
into evidence on June 20, 2014.
Mr. Welty said the real issue is Deputy Couch may have violated departmental policy by not
logging the pills into evidence but Deputy Couch did not take the pills for himself.
Deputy Couch said he understands how it looks that he took the prescription pill at Deputy
residence. He said it was bad judgment that day and he regrets it. He said he does
not have a pill problem.
On June 21, 2014, during the extended Stay Hotel incident, Deputy Couch said he had
identified the recovered pills as Oxycontin. He claimed it was a "Group effort" to "wind
test" the pills to save time on reports. He spoke with Deputies
and
and they all
decided to get rid of the pills. It was never Deputy Couch's intention to keep the pills for
himself.
Deputy Couch explained the criminal charges on the suspects in the room. Deputy Couch
said no suspects could be linked to the pills. He said he took all of the evidence from the
scene, including the pills and laptops. For not logging the prescription pills into evidence,
Deputy Couch said he should have done that and it was a "stupid, stupid" thing to not do. He
regrets not doing that.
Regarding the Cottonwood Circle Apartments detail, Deputy Couch does not remember ever
putting anything in his pocket and he doesn't remember exactly what he said. He doesn't
remember saying "this is badness" or something similar. He discovered the pills were not of
narcotic nature and he put the entire heroin kit on the hood of a patrol vehicle. He identified
the pills through Pillfinder. Com using his cell phone. Deputy Couch said he discussed it
with Deputy
and showed him all of the contents of the kit on the hood of the
vehicle. He also said he keeps his cell phone in his right front pants pocket.
Lastly, the purse incident in January 2014, he does not remember the incident and has no
further recollection.
Deputy Couch swears on the bible he takes his job very seriously and said he does·not use
recreational drugs and he sure as hell would not take anything from someone off of the street
and take them. "These people are filthy, I don't want to touch them let alone take their
stuff."

 'Administrative Review/Deputy Donald Couch
December 22, 2014
Page 6
•
•

•

•

•
•

Deputy Couch understands how everything looks since he took the pill at Deputy
residence.
Mr. Welty spoke about the purse incident and again said there is just no recollection of the
incident. Sometimes peoples' recollections are just different. He said he is not sure what
Deputy
heard or saw at the Cottonwood Apartments but said he has no doubt Deputy
thinks what he saw or heard but it was just
recollection.
Mr. Welty spoke about the Extended Stay Hotel call and said the decision to "wind test" the
pills is violation of policy but it does not mean Deputy Couch is a liar or addicted to pain
killers. He said there should be discipline for that decision. He said "wind testing" pills is
common in law enforcement.
Mr. Welty said Deputy Couch is a good employee of 10 years with good evaluations. He and
Deputy Couch spoke about IA investigators searching the bushes on Sierra Lane where he
said he tossed the pill bottle and pills and not locating anything. Mr. Welty said "How easy
would it have been for Deputy Couch to go out there and toss another bottle with some
Vicodin or something in it into the bushes knowing the department would be out there
looking?" The fact that he did not do that shows he is telling the truth and was hoping the
pill bottle he tossed into the bushes would have been found.
Mr. Welty knows the fact pattern in this case is bad so if the department wants to do some
kind of random drug testing or lie detector on Deputy Couch, they are willing do it.
Mr. Welty said Deputy Couch should not have "wind tested" pills and he should have put
these pills into evidence but it does not mean he is being dishonest and he is not abusing
medications. He said if there is anything he or Deputy Couch can do to help the department
come to that conclusion, they will do it.

BOARD QUESTIONS:

Commander Kennedy asked what happened to the third laptop that was recovered from the
Extended Stay Hotel? Deputy Couch said no one claimed the laptops. He said the assumption
was that they were probably stolen. He kept it so he could conduct some investigation and try
and find out who it belonged to. He was unable to do so and later placed it into evidence.
Commander Houghtelling asked if"wind testing" is pretty common in Dublin? Deputy Couch
said not common but it does happen. Commander Houghtelling asked how it was usually done,
destroying it or throwing something out a window? Deputy Couch said usually it is destroyed
(boot stomped right there) or discarded away from where someone might be able to recoup it
later. Deputy Couch was frustrated and said he wished he had just flushed them down the toilet
and had someone watch him do it. He said he has had many months to think about this and
wished he would have done things differently.
This Board member asked about what the crime was for possession of the pills located at the
hotel? Deputy Couch said it would have been a felony. Mr. Welty mentioned that it was
common for law enforcement to "wind test" evidence and I stated that I disagreed and I thought
it was not common especially felony evidence. If you were going to wind test what was Deputy
Couch's thought process of throwing the pill bottle out of the window into the ivy as opposed to

 'Administrative Review/Deputy Donald Couch
December 22, 2014
Page 7
destroying it? Deputy Couch said he was on his way home and he was not thinking clearly and
he was tired. He had the pills and he just "chucked" them. The conversation in the hallway he
had with Deputies
and
was a "consensus" conversation and group decision to get
rid of the pills.
This Board member also asked since there was a suspect in custody for under the influence and
possession of a pipe, the suspect said the bag where the pills were located belonged to him along
with his indicia in the bag, and there was a report being written, why not just add the pills as a
felony to a report that was going to be written anyway? Do you recall having any conversation
with other Deputies as to why not just charge the felony? Deputy Couch said he did recall that,
because it would have made it an in custody report and it would have been had to been
completed before the shift left work. Mr. Welty said there would have been a lot more work if it
was a felony. Deputy Couch explained why the felony was not charged. He said all suspects
denied owning the pills, the pill bottle was not marked, he did not recall any indicia inside the
bag. He said no one claimed the bag.
Mr. Welty wanted to clarify the question to Deputy Couch and the Board. "The question is not
the issue of charging the guy with the pills but is there a benefit to charging someone with just a
misdemeanor compared to a felony?" Deputy Couch sat quiet for a little bit. I asked him to put
it into hours when writing a misdemeanor compared to an in custody report? Deputy Couch said
it was not really a matter of the time they just wanted to solve the problem for the night. It
wasn't a matter of the extra work. They were not trying to build a case. He went into second
guessing himself and said his thought process wasn't clear and they weren't there to put the guy
into prison.
This Board member asked Deputy Couch if there is any reason as to why he thought Deputy
would claim to see him put pills into his pocket? Deputy Couch said he probably
thought Deputy
was concerned about him and he is not sure what he saw but maybe
Deputy
saw him putting his phone or other items into his pocket.
Deputy Couch closed by saying he has a tremendous amount of pride working at the Sheriffs
Office and asked that he hopes the discipline is anything other than termination. He said he has
always went above and beyond while working here reaching out and working different
assignments. The thought of thinking his employment here may be over is devastating to him
and he is very shameful for what he has done.
Mr. Welty added they are also willing to go through a fitness for duty or counseling for Deputy
Couch if needed.

ANALYSIS:
The following is based upon the Notice of Proposed Discipline, Administrative Investigation and
the Administrative Review

 Administrative Review/Deputy Donald Couch
December 22, 2014
Page 8
•

•

•

•

It is undisputed that Deputy Couch violated written policy by ingested a prescribed
narcotic with the intent to become intoxicated at Deputy
residence sometime
between January 1, 2014, and March 31, 2014.
On June 20, 2014, an eyewitness, Deputy
saw Deputy Couch place
confiscated pills from the Cottonwood Apartment complex detail into his right front pants
pocket. Deputy Couch claimed he showed other Deputies on scene the recovered-pills
but no one else remembered seeing any. Deputy Couch failed to mention in his
supplemental report that he located any pills.
On June 21, 2014, at the Extended Stay Hotel detail, there is no dispute that Deputy
Couch violated written policy by failing to properly collect and process evidence. By his
own admission he located prescription pills (felony criminal charge) and decided to
"wind test" them by throwing them into ivy plants in the City of Dublin.
The Skelly hearing showed there is not enough evidence to find Deputy Couch in
violation of any policies as it relates to the January 19, 2014, auto accident incident.

Findings and Recommendations:

•
•

•

•
•

•

This Board finds the allegation of ingesting a prescribed narcotic (not his) with the intent
to become intoxicated: SUSTAINED.
This Board finds the allegation of failing to properly collect and process evidence on June
20, 2014: SUSTAINED. Deputy Couch's claim of identifying the confiscated pills as
blood pressure related and that he left them inside the storage shed is not credible. This
Board finds Deputy Couch's version of the events that Deputy
might have seen
him place a cell phone or other object into his right front pants pocket is not credible.
This Board agrees Deputy
would have no motivation to lie since he and Deputy
Couch were friends and partners.
This Board finds the allegation of failing to properly collect and process evidence on June
21, 2014: SUSTAINED. This Board finds Deputy Couch's version of a "group effort" or
consensus decision by fellow Deputies on scene to wind test the pills not to be credible.
Deputy Couch could not logically explain why they just didn't add a felony charge to a
report to an in custody arrest when a report was to be written anyway. This Board also
finds it appalling that a Deputy would make a decision to destroy felony evidence in the
field and not follow proper evidence processing protocols.
This Board agreed there is not enough evidence to find Deputy Couch in violation of any
policies as it relates to the January 19, 2014, auto accident incident, NOT SUSTAINED.
Deputy Couch's actions are contrary to acceptable behavior by members of this Agency,
and have negatively impacted his credibility and reputation as a Sheriffs Office
employee.
Deputy Couch's actions in this matter are unacceptable, considering the position of trust
he was placed in as a peace officer/patrolman. His actions are not compatible with the
expectations of the Alameda County Sheriffs Office.

 ' •Administrative Review/Deputy Donald Couch
December 22, 2014
Page 9

Based on our concurrence of the above SUSTAINED allegations, this Board concurs with the
decision to terminate Deputy Sheriff Donald Couch.
.a u
Report prepared by Thomas Wright, Commander: ~ (
~- -~
- - - -O
-l>T;i _ _ __
I concur with the contents and recommendations contained in this report:
Carla Kennedy, Commander:
Dennis Houghtelling, Commander:

 Alameda County Sheriff's Office
Internal Affairs
1401 Lakeside Drive1 7th Floor1 Oakland1 CA 94612-4305

Gregory J. Ahern, Sheriff
Director of Emergency Services
Coroner - Marshal

MEMORANDUM
DATE:

December 22, 2014

TO:

Donald Couch
....tO(I \

(./~.vl'n)

r

FROM:

Kelly D. Miles, Captain
Internal Affairs

SUBJECT:

PERSONNEL INVESTIGATION DISPOSITION NOTICE #14-056

COMPLAINANT(S):

Internal

DATE(S) OF INCIDENT:

January 2014 to June 2014

ALLEGATIONNIOLA TION:

Prohibited Substance Consumption
Mishandling of Evidence

1. The allegation that between January 1, 2014 and March 31, 2014, you

ingested a prescribed narcotic .with the intent to become intoxicated.
2. The allegation that on June 20, 2014, you failed to properly collect and
process evidence.
3. The allegation that on June 21, 2014, you failed to properly collect and
process evidence.
4. The allegation that on January 19, 2014, you failed to properly collect and
process evidence.
In reference to the above matter, the following dispositions are made:
( )
( )
( )
( X)

UNFOUNDED
EXONERATED
NOT SUSTAINED
SUSTAINED-Allegations 1, 2, 3, and 4

KDM:jnn
DiscNtc 14-127
Original:
Copy:

Employee
Cmdr. Tom McCarthy
ACSOHR

 Alameda County Sheriff's Office
Internal Affairs
1401 Lakeside Drive, l1" Floor, Oakland, CA 94612-4305

Gregory J. Ahern, Sheriff
Director of Emergency Services
Coroner - Marshal

I hereby acknowledge receipt of this notice.
January 9, 2015
Donald E. Couch II

/(~
~ '-SIGNATURE

SUBJ: FINAL NOTICE OF TERMINATION OF EMPLOYMENT
After carefully considering the evidence and documentation that were reviewed and discussed at your
Administrative Review held on December 22, 2014, I have decided that it is appropriate to proceed
with the following disciplinary action: your employment as a Deputy Sheriff II is hereby terminated
effective the end of business day on Januaiy 23, 2015.
This disciplinary action is based upon the grounds and facts set forth in the Notice of Intended
Discipline served to you on October 30, 2014, a copy of which is attached hereto and incorporated
herein for reference.
In accordance with Civil Service Rule 2112,
Any tenured officer or employee removed, suspended, or reduced in rank or
compensation, pursuant to the provisions of Section 40 of the Charter, may within ten
working days after presentation to him of the written order of removal, suspension, or
reduction, appeal in writing to the Commission from such order. A copy of this Rule
2112 shall be attached to or included in the written order of removal, suspension or
reduction.
You have the right to appeal this action to the Alameda County Civil Service Commission. If you
wish to appeal, you must do so in writing within ten (10) working days of your receipt of this notice.

~j~
Gregory J. Ahem
Sheriff-Coroner
GJA:KDM :jrm
cc:

Cmdr. Tom McCmt hy
County Counsel
C ivil Service Commission
Steven Welty, Mastagni et al
Brandon
Personnel File

 (
DAVID-I'. MASTAGNI
JO HN R. HOLSTEDT
MICHAEL D. AMICK
CRAIG E. JOHNS EN
BRIAN A. DI XO N
STEVEN \'<'. WELTY
STUART C. WOO
DAV IDE. MASTAGN I
RICHARD J. ROM,INSKJ
PHILLIP R.A. MASTAGN I
KATHLEEN N. MASTAGN I STORM
SEAN D. HOWELL
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ANTHONY S. FRANCESCH I
IANM. ROCHE
JEFFREY R.A. EDWARDS
DANIELL OSIER
JUDITH A. ODBERT
CHRlSTI NA J. PETRI C.CA
ERIC D. LEDGER
ANDREW R. MILLER

Sacramento Office

1912 I Street
Sacra memo, CA

958 11 -315 1
(916) 446-4692
Fax (916) 447-4614

- - - - - - - ~ - - - - - --

MASTAGNI

Tax ID #94-2678460

= = HOLSTEDT
8n8

A Profmioruzl Corporation

www.mastae,ni.com
All Corres:pond,n" tomzmrnto Office

Chico: (530) 895-3836
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BRENDON P. PARENTI
EM ILY R. SILVER
JOHN H. BAKJ~ IT
GRANT A. WINTER
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M,\NIJEL NIETO
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SHANE P. BRADLEY
KRISTOFOR K HELM
JOHN A. Mm. IS
SEAN D. CURRIN

January 13, 2015

Via Facsimile & U.S. Mail
(510) 272-6424

Alameda County Civil Service Commission
1405 Lakeside Drive ·
Oakland, California 94612
Attention: Mary Welch, Interim Human Resources Director

Re:

Appeal from Order
Donald E. Couch II, Deputy Sheriff II

Dear Commission:
This letter is an appeal of the Final Notice of Termination served on Deputy Couch dated
January 9th, 2015. The notice was presented to, and received by, Deputy Couch on January 12th,
2015. I have been retained by Deputy Couch to represent him regarding this appeal. Please
accept this letter as a written request for appeal from a written order resulting in termination.
Please advise me of the hearing date and hearing officer as soon as possible. Your anticipated
cooperation is greatly appreciated.
Sincerely,
MASTAGNI HOLSTEDT

~~
Attorney at Law

cc:

Donald E. Couch II
Tom Matheny, President ACDSA

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Alameda County Sheriff's Office
Dublin Police Services
100 C ivic Plaza Drive, Dublin, CA 94568-2658

Gregory J. Ahern, Sheriff
Director of Em ergency Services
Coro ner - M arshal

MEMORANDUM

DATE:

January 15, 2015

TO:

Kelly Miles, Captain

FROM:

~-~y77
Nathan Schmidt, Lieutenan~

VIA:

Chain of Command

SUBJECT:

VACATING DEPUTY COUCH'S LOCKER AT DUBLIN POLICE

On Thursday, January 15, 2015, about 0800 hours, Lieutenant Walters and I removed and
packaged all of the contents of locker #28 in the men's locker room at the Dublin Police Station.
Locker #28 was assigned to Deputy Donald Couch. The locker and contents were photographed
prior to and after removal. The process was conducted after prior approval from the Internal
Affairs Captain Miles.
The following items were removed from Deputy Couch's locker. The items were packaged and
later turned over to the Internal Affairs Unit.
31511112I113111111-

Uniform Pants
Pair of Rain Pants
Short sleeve uniform shirts (One with name tag and shirt stays)
Blue undershirt
Small red box with miscellaneous toiletries
Coffee Cup
Miscellaneous radio wires
Folding Knives
_ 'v',... ;. ~
1
Alameda County Sheriffs Office Anniversary Badge f...ift<,v--1 b-.., {~f /Y)i i..v~ 1/~tY"' - / IL.
Alameda County Sheriffs Office Name Tag with the name ofD. Couch
Uniform Belt R.cz.,-t o," J .,., rrfl.
Duty belts with equipment including 0..£_fu2ray, Expandable baton, and handcuffs e;:Jic,.,.,._J_, -lxc,,p1__~
Small scale
1'2..-'i'"l..
iY-vv..tJ
Small container with shoe polishing kit
9.tt.r ·
Small container with protein supplement
Pair of boots
J (L-L.
Bulletproof vest
1.°'-'" .,_ ""' I
Uniform dress tie
'~.Q,

_

 ,

3111-

Family photos
Basket weave badge wallet
Uniformjacket
Baton Q..A_c"....J ILT'v

1,Jooil\ ,

The following items were removed from Deputy Couch's locker, however they belong to the
City of Dublin and were retained at the Dublin Police Station for reassignment.
11111-

Handheld Radio Serial #10526
Radio shoulder microphone
Radio battery
Radio belt holder
Radio charger

The following item was assigned to Deputy Couch and is still outstanding. This item belongs to
the City of Dublin and it is requested the item be returned
1 - Radio battery