one some or SUPERVISORS or com . Adopted this Order on January 23' 2992 92 following Vote: YES: Supervisors; Powers. Fahden. Schroder. Torlakson. McPeak noes: Nona ABSENT: Hone ABSTAIHIHURE SUBJECT: In the Matter of . Adopting a Revised Alcohol and otiwr Drug Abuse Tolicy - RESOLUTION no. W52 mas the Board of Supervisorshae enacted-Resolution Ho. hereinafter referred to- as the Alcohol and Other Drug Abuse - Policy; and- WHEREAS the Board of supervisors continues to oppose the use of - illegal drugs in order to provide a safe work environment and to protect the public's safety and welfare; and WHEREAS _r_evision to the Alcohol and Other Drug Abuse Policy is necessary to include reference to the California Drug-Free Workplace Act of 1990; NOW THEREFORE BE IT RESOLVED that Resolution No. 90/674 is rescinded and superseded by the following revised Alcohol an Other Drug Abuse Policy: - - I. The Government of .Contra Costa County has the overall goals of. reducing the incidence of the abuse of alcohol and other drugs through prevention and education together with intervention and treatment. The County believes that alcohol and other drug . abuse is a condition? requiring professional intervention and recovery services. Because Contra costs County Government is comittad to protecting the health. well?being and safety of employees and the public from hazards relating to. alcohol and other drug abuse by employees, it will: to) encourage affected individuals to seek professional help voluntarily at an early stage; (bl assist supervisors in dealin with associated problems related to work performance; c) will assist supervisors, fellow employees, and possibly family members in confronting an unployaa?s alcohol and other drug problems in the workplace. II. Pursuant to the requirements of the Federal DRUG-FREE. WORKPLACE OF 1988 and the CALIFORHIA DRUG-FREE WORKPLACE ACT OF 1990, it is the policy of the Contra Costa County Government to continue to provide a drug?free Workplace. The manufacture, distribution, dispensing, possession or use of alcohol or a controlled substance is prohibited in in the workplace. The workplace includes all property under the control and use Costa County. Iv, Any violation of this prohibition by an employee of Contra Costa County may result in: requiring such employee to participate: satisfactorily in a drug abuse assistance or rehabilitation program. or (2) disciplinary action up to and including termination. v. An employee must notify hera'his department head within five days on any criminal drug statute conviction tor a violation occurring in the workplace. ?a VI. An employee will not' be disoiblined because she/He voluntarily requests assistance ?or an alcohol or other drug problem.? However, seeking assistance or raising any claim . related to substance abuse does not relieve an employee of her/hie responsibility to 'meet the county?s performance, safety, or attendanoe standards, does not 'relieve an employee of her/his responsibility to adhere to this policy, and does not insulate the employee from reasons other than seeking assistance ,for an alcohol or other drug problem. I hereby oartily that me It I Im- Ind comet copy at an teller: taken and inland on H19 mlnum of the Baud of 81mm? on the dub ohm. - ?92 o: PHIL BAT ELDR. elm oi Board of Euwn'llora and County nesonuoxos no. 9252 Orig. Dept.:_ Personnel Department C01 All County Departments. All Employee Organisations SETTLEMENT AND LAST CHANCE AGREEMENT by and among Christopher Spadaro, Contra Costa County, Of?ce of the Sheriff, and Deputy Sheriffs Association, Rank File Unit INTRODUCTION This Settlement and Last Chance Agreement (?Agreement?) is entered into by and among Christopher Spadaro Contra Costa County, Of?ce of the Sheriff (?Sherist Of?ce?), and the Deputy Sheriffs Association, Rank File Unit (?Union?) (collectively, the ?Parties?). The purpose of this Agreement is to provide Employee with a ?nal opportunity to continue his employment with the Sheriff?s Of?ce, notwithstanding the fact that he has engaged in conduct that constitutes a violation of Sherift?s Office policies, and could be the basis for a termination, and to release any and all claims Employee could bring against the Sheriff?s Of?ce as a result of any act or omission by the Sheriff's Of?ce prior to and including the execution of this Agreement. Because of the serious nature of Employee?s misconduct, the Sheriff?s Of?ce wishes to avail itself of the right to take future disciplinary action against Employee for any violation of this Agreement as set forth herein. This Agreement is in no way intended to restrict rights guaranteed to the Sheriff?s Office under state or federal law. Further, this Agreement is in no way intended to establish precedent with regard to enforcement of Sheriff? 5 Of?ce Policies and Procedures for any other employee in any other forum or setting. FACTUAL RECITALS The Parties hereby agree that the following factual recitals are the basis for this Agreement: A. On or about November 24, 2016, Employee drove his vehicle after consuming several alcoholic beverages. The Vacaville Police Department pursued Employee after observing him making an illegal left turn out ofa driveway. The Vacaville Police Department further observed Employee Speeding, making a left turn against a red light, and then blocking his vehicle lights after turning into a transit center, where the Officer finally caught up to him. B. The Vacaville Police Department conducted a DUI investigation on Employee after noticing signs of intoxication. After completing the investigation, the Vacaville Police Department arrested Employee for driving under the in?uence. Subsequently, Page 1 of6 the Solano County District Attorney informed the Sheriff?s Of?ce that Employee?s blood alcohol level that night was measured at approximately .l4% and that his criminal case was ?led. . In addition, the Vacaville Police Of?cer observed that Employee?s vehicle still had paper plates on it and suspected that Employee was not paying his bridge tolls. Employee admitted that he had not been paying bridge tolls for approximately ?ve months. . Employee initially told the Vacaville Police Department on at least two instances that he only had one beer to drink that evening. Later during that same encounter, he admitted consuming four beers that evening. During Employee?s investigative interview, he admitted consuming ?ve drinks that evening. TERMS OF AGREEMENT Consideration: Employee willingly enters into this Agreement and waives his rights as described herein in exchange for the Sheriff?s Of?ce issuing a ?ve percent reduction in pay for six (6) months and entering into this Agreement, instead of terminating Employee, as described below in paragraph 2. Reduction in Pay: Sheriff 3 Of?ce will set aside the pursuit of termination against Employee for the misconduct described above. Sheriff?s Of?ce hereby rescinds the Order and Notice of Action issued on or about April 5, 2017 and instead serves Employee with an Amended Order and Notice of Action for a ?ve percent reduction in pay for six (6) months, effective September 1, 2017 through March 1, 2018, inclusive. Employee hereby accepts service of the Amended Order and Notice of Action (attached as Exhibit A). For the time period between approximately April 5, 2017 through September 1, 2017, Employee will be absent without pay a. Waiver of Due Process and Appeal Rights. Employee and Union acknowledge and agree that Employee is waiving his due process and appeal rights as part of this Agreement with respect to the reduction in pay, above. No Promotion: For a minimum of three (3) years ?om the execution of this Agreement, Employee shall not apply for a promotion. Last Chance Provision: For a period of three (3) years from the execution of this Agreement, the Sheriff? 3 Of?ce may terminate Employee for the grounds listed below: a. Any violation by Employee of the Sheriff?s Of?ce's ?Unbecoming Conduct" policy (attached as Exhibit or b. Any violation by Employee of Contra Costa County?s Drug and Alcohol policy (attached as Exhibit or Page Zof6 c. Any violation by Employee of this Agreement. Any of the grounds listed above will constitute a violation of this Agreement and constitute just cause for termination. If Employee is terminated based upon any of the grounds listed above, whether or not he violated this Agreement will be the sole issue during the disciplinary process, set forth in paragraph 5, below. Waiver of Due Process and Appeal Rights Termination: Employee and Union agree that Employee is waiving his due process and appeal rights as part of this Agreement with respect to his termination for any of the conduct described above in paragraph 4. With respect to a termination for this conduct, Employee and the Union agree that the Sheriff?s Of?ce is not required to follow any rule or procedure related to due process, progressive discipline, or other Sheriff 5 O?ice rule, contract, or procedure, or provide any pre? or post-termination appeal rights whether set out in Sheriff?s Of?ce policy or in the Memorandum of Understanding between the Union and the Sheriff?s Of?ce except for the limited right to respond as follows: a. Pre-Disciplinary Hearing for Termination Pursuant to this Agreement: Employee will be served with a Skelly Notice and given a pro-disciplinary, non? evidentiary hearing (also known as a Skelly meeting) where he or his representative can respond to the factual basis for the Sheriff?s Of?ce?s determination to terminate him pursuant to this Agreement. Employee and Union agree that in the event that the Sheriff?s Of?ce concludes, following such a meeting, that he has violated any of the terms of this Agreement, he shall be subject to termination, without the right of appeal provided by any law, MOU, or Sheriff?s Of?ce rule or procedure. Matters Not Covered by this Agreement: This Agreement in no way limits the Sheriff?s Of?ce?s ability to discipline or terminate Employee for other conduct not falling within the scape of this Agreement that would normally merit discipline under the Sheriff?s Office?s policies, procedures and the applicable MOU. Employee agrees that the conduct described in the Agreement?s Factual Recitals, above, may be considered by any third party neutral or by the Sheriff" 3 Office during any future discipline proceeding, whether or not related to the subject matter of this Agreement. Drug and Alcohol Testing Provisions: a. Random Drug and Alcohol Testing: Employee agrees to submit to random drug testing for a period of three (3) years from the date that he executes this Agreement. Employee further agrees that failure to take these tests or a positive test result constitutes a violation of this Agreement. Employee will only be tested while on duty. b. Employee to Bear Costs: Employee may be tested on duty using a preliminary alcohol screening device and will not be reSponsible for any costs Page Bof6 10. 11. associated with PAS testing. If necessary, the Sheriffs Of?ce may elect to subject Employee to drug testing beyond PAS testing. Employee agrees to bear the costs associated with further drug testing. The cost borne by Employee per test shall not exceed ?fty dollars ($50.00) and the number of tests per year shall not exceed four (4). Waiver and Release of All Claims: Employee hereby releases and discharges the County of Contra Costa and any past and/or present of?cers, of?cials, agents, employees, attorneys and representatives, and each of them, from any and all causes of action, actions, judgments, liens, indebtedness, damages, losses, claims, liabilities, and demands of whatsoever kind or character, known or unknown, suspected to exist 01' not suspected to exist, arising from or attributable to his employment with the Sheriff?s Of?ce, including, but not limited to, events surrounding this Agreement. Employee further understands and agrees that this release extends to all rights granted under Section 1542 of the California Civil Code, which provides as follows: Section 1542. Certain Claims Affected by General Release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. This comprehensive, general release of any and all claims, includes, without limitation, claims under the Age Discrimination in Employment Act and the Older Workers Bene?t Protection Act Employee understands and acknowledges that he has been given at least 21 days to consider his release of claims under the ADEA and the OWBPA1 and that he expressly waives this 21 day notice provision. Employee acknowledges that he has seven days from the date he executes this Agreement to revoke his release under the ADEA and the provided, however, that should Employee revoke this release, the Sheriff?s Of?ce may, in its sole discretion, rescind this entire Agreement. Non?Precedent Setting: The Parties acknowledge and agree that this Agreement is not to be considered precedent setting in any other forum or matter, including but not limited to a grievance, appeal, or lawsuit. Personnel ile: A copy of this Agreement shall be placed in Employee's personnel file. Entire Agreement: This Agreement represents the entire Agreement of the Parties with respect to the subject matter herein and supersedes any prior written or oral Agreements or representations. No amendment to this Agreement shall be valid unless it is in writing and signed by all Parties. California Law: This Agreement will be construed in accordance with the laws of the State of California. Page 4 of 6 13. Right to Consult Counsel: Employee acknowledges and agrees that prior to signing this Agreement, he was provided with the opportunity to commit with his Union representative and10r legal counsel of his choice. Employee agrees that he is voluntarily entering into this Agreement, without coercion or extraneous inducement. 14. Challenge to Agreement: Employee expressly waives any right to challenge the validity of this Agreement. In the event that litigation is necessary regarding the interpretation of this Agreement, each side shall bear their own costs of suit and attorneys? fees regardless of who is the prevailing party. 15. Mutual Drafting: The Parties agree?they have had the Opportunity to participate in the drafting of this Agreement, and that it shall not be construed in favor of any party should its meaning be subject to dispute. 16. Costs: Each Party with hear its own costs and attorneys? fees with respect to this Agreement. 17. Execution in Counterparts: This Agreement may be executed in counterpart, each of which will bet-eater! as an original and all of which together are to be considered one and the same agreement. Facsimile signatures or scanned copies of signatures are binding and are to be considered original signatures. DATED: CONTRA COSTA COUNTY W2 2/52. OFFICE OFTI-IESHERIFF Christopher Spadaro By: David Livingston Employee Sheri?? DEPUTY ASSOCIATION, RANK 8: FILE UNIT . ?xi By: Shawn Welch President Page 5 of 6 13. Right to Consult Counsel: Employee acknowledges and agrees that prior to signing this Agreement, he was provided with the opportunity to consult with his Union representative and/or legal counsel of his choice. Employee agrees that he is voluntarily entering into this Agreement, without coercion or extraneous inducement. 14. Challenge to Agreement: Employee expressly waives any right to challenge the validity of this Agreement. In the event that litigation is necessary regarding the interpretation of this Agreement, each side shall bear their own costs of suit and attomeys? fees regardless of who is the prevailing party. 15. Mutual Drafting: The Parties agree they have had the opportunity to participate in the drafting of this Agreement, and that it shall not be construed in favor of any party should its meaning be subject to dispute. to. Costs: Each Party with bear its own costs and attorneys? fees with respect to this Agreement. 17. Execution in Counterparts: This Agreement may be executed in counterparts, each of which will be treated as an original and all of which together are to be considered one and the same agreement. Facsimile signatures or scanned copies of signatures are binding and are to be considered original signatures. DATED: CONTRA COSTA COUNTY OFFICE OF THE SHERIFF i . (cs/22) 3* Christopher Spadaro By: [5863 Livingston Employee Sheriff LDEPUTY SHERIFFS ASSOCIATION, RANK FILE mm BET-Shawn Welch President Page 5 of6 [Approved as to form Approved as to form Rains Lucia Stern, PC County Counsel Sharon L. Anderson By: ongfh Murptk/ By: Christina/J. Ro-ConnE?y Att a Law Deputy County Counsel Attorney for EmploLee/Union Attorneys for Contra Costa County Page 6 of 6 CONTRA COSTA COUNTY AMENDED ORDER AND NOTICE OF ACTION TO: Christopher Spadaro CLASSIFICATION: Deputy Sheriff FROM: David O. Livingston TITLE: Sheriff, Appointing Authority This is to notify you that the action speci?ed below is hereby taken and that notice of this action is being filed with the Director of Human Resources. Your pay is hereereduced by five percent for six months, effective September 1, 2017 through March 1, 2018. inclusive. for the following reasons: see the attached T0 AMENDED ORDER AND NOTICE OF ACTION. CHRISTOPHER SPADARO. DEPUTY You have the right to appeal this action to the Contra Costa County Merit Board or as otherwise prescribed in the County Personnel Management Regulations or Memorandum of Understanding covering your classi?cation. The Personnel Management Regulations and/or applicable Memorandum of Understanding govern such appeals and describe the procedure to be utilized in disciplinary actions. If you have any questions concerning this procedure or your rights in this matter, you should read the regulations or provisions. {51-224,} DepartmentHead:I [.6553 DATE. .2 Daui?). Livingston, Sheriff Filed with the A copy of the foregoing notice was Director of Human Resources personally servedfsent by certi?ed mail by: Date: NAME: DATE: By: SIGNED: ORIGINAL - Director of Human Resources CANARY - Merit Board PINK Department GOLDENROD Employee AKS - 1/97 Rey. Page 1 of 2 ATTACHMENT TO AMENDED ORDER AND NOTICE OF CHRISTOPHER SPADARO, DEPUTY SHERIFF CHARGE ONE: On or about November 24, 2015, you drove your vehicle after consuming several alcoholic beverages. The Vacaville Police Department pursued you after observing you make an illegal left turn out ofa driveway and further observed you speeding, making a left turn against a red light, and then blacking out your vehicle lights after turning into a transit center, where the Officer finally caught up to you. The Vacaville Police Department conducted a DUI investigation on you after noticing signs of intoxication. After completing the investigation, the Vacaville Police Department arrested you for driving under the influence. Subsequently, the Solano County District Attorney informed this office that your blood alcohol level that night was meaSured at approximately .1496 and that your criminal case was filed. In addition, the Vacaville Police Officer observed that your vehicle still had paper plates on it and suspected that you were not paying your bridge tolls. You admitted that you had not been paying your bridge tolls for approximately five months. Your conduct violates the Contra Costa County Personnel Management Regulations, Section 1104, and the Memorandum of Understanding between Contra Costa County and the Deputy Sheriffs? Association, Rank 81 File, Section 23.1, concurrent subsections: conduct tending to bring the merit system and/or Of?ce of the Sheriff-Coroner into disrepute; and violation of any lawful or reasonable regulation or order given by a supervisor or department head, to wit, Contra Costa County Sheriff?s Office General Policy and Procedure, section 1.05.57, subsections I.A., ll.A.1., ll.A.2.a., and ll.A.2.o. CHARGE TWO: On the same night as Charge One, you initially toid the Vacaville Police Department on at least two instances that you only had one beer to drink that evening. Later during that same encounter, you admitted consuming four beers that evening. During your investigative interview, you admitted consuming ?ve drinks that evening. Your conduct violates the Contra Costa County Personnel Management Regulations, Section 1104, and the Memorandum of Understanding between Contra Costa County and the Deputy Sheriffs? Association, Rank File, Section 23.1, concurrent subsection (0) dishonesty or theft. CONCLUSION: Termination is a re riate in that on A rii 14 2016, you were given a written reprimand for Page 2 of 2 Lyra-A NUMBER: 1.05.57 Contra Costa County Of?ce Of the Sheriff RELATED ORDERS: 1.05.33. 1.05.58. 1.05.28 General Policy and Procedure ISSUE DATE: 2-1-2006 CLEARANCE: REVISION DATE: Of?ce of the Sheriff CHAPTER: SUBJECT: Personnel Management and Employee Unbccoming Conduct Relations I. POLICY. A. The public has placed its trust in the Of?ce of the Sheritf to administer an honest effective law enforcement agency. The Office of the Sheriff embraces the publlC trust and recognizes that effective law enfomement would be severely hampered if such trust were lost. The Office of the Sheriff also recognizes that this public trust can only be retained through the efforts of all employees. Therefore. employees shall conduct themselves in a manner borh on duty and off duty that will not discredit or reflect poorly on the Of?ce of the Sheriff. GENERAL. A. UN ACCEPTABLE CONDUCT, 1. By accepting employment with the Of?ce of the Sheriff. safety and general employees alike are accepting a higher standard of conduct than is found in other government service. We must be aware that our actions on and off duty are subject to scrutiny and re?ect on the entire Of?ce of the Shcn' ff. An employee's behavior may be considered unbecoming conduct if it would normally be viewed with disfavor by the conununity we serve. 2. The following is lisr of unacceptable canduct. Each item may be suf?cient grounds for utilization of the Correcrive Counseling System or the Personnel Management Regulations. The lisr is not all inclusive and other unspeci?ed conduct may also result in action by the Of?ce of the Sheri ff: a. Unlawful Conduct Employees will strictly observe all provisions of the low in both their public and private shells and will at all times conduct themselves In accordance with all legal mandates. Abuse of Authority Employees will not abuse the authority granted them by virtue of their employment. nor take improper actions through "color of authority." Kano-d adms Matias 03333 Rule Violations: Employees will not violate any County or Of?ce of the Sheriff policies, procedures, orders, directives or regulations. Treatment of Public: Employees will treat all members of the public with reSpect and courtesy and will refrain from abusive and derogatory conduct andlor profane or in?ammatory language. Insubordination: Failure or deliberate refusal of an employee to obey a lawful order given by 3 Supervisor or Manager shall be insubordination. Ridicuiing 3 Supervisor or Manager or his/her orders, whether in or out of their presence, is also insnbordination. Disruption of Operations: Acts or omissions contrary to good order. Misuse of Equipment: Negligent or willful damage to public property or waste of public supplies or equipment. Incompetence or luef?ciency: Failure or inability to adequately complete properly assigned tasks or failure to undertake required obligations. Cowardice: Deputies of the Of?ce of the Sheriff shall not display cowardice or fail to support other peace of?cers in the performance of duty. Misuse of Sick Leave: Abuse or excessive use of sick leave. Subversive Organizations: No employee shall knowingly become a member of or become connected with any subversive organization. The Sheriff may authorize exceptions, when necessary, for a law enforcement function. Outside Associations: No employee shall knowingly maintain outside associations that jeopardize the security or integrity of the Of?ce of the Sheriff or bring discredit to the law enforcement profession. Personal Relationships: Employees will not allow their personal relationships to interfere with Off: cc of the Sheriff business or the performance of their assigned duties. Additionally, fraternization' with persons in custody, arrestees, detainees, criminal defendants or other persons the employee has had an enforcement contact with, is prohibited. Indebtedness: Employees shall manage their debts in a manner that will not re?ect poorly on their position with the Of?ce of the Sheriff. They shall avoid situations where creditors are seeking legaljudgments or garnishment of their salaries. Other: Any conduct which tends to bring the County or the Of?ce of the Sheriff into disrepute. EXHIBIT CONTRA COSTA COUNTY NOTICE OF PROPOSED ACTION (SKELLY NOTICE) Section 11084: Personnel Management Regulations Administrative Bulletin 416: Project Positions Applicable Memorandum of Understanding TO: NAME: Chrismghersgdaro newsman DEPARTMENT: Of?ce ofthe Sheriff Under Part ll, ?1108.1 of the County Personnel Management Regulations. Administrative Bulletin 416 and the applicable Memorandum of Understanding (if any) before taking action to dismiss, suspend or demote an employee, the appointing authority must give a notice of proposed action. This notice is to 'nform you of the department?s proposal to take the following action: 1) Terminate Eur employment. effective March 6. 2017. (2) The following constitutes the charges or grounds for this action: See the att_?ched, TQ NOTICE OF PROPOSED ACTION NOTICEL CHRISTOPHER SPADARO. DEPUTY (Charges should be completely expressed if more space is needed, add supplemental sheets.) (3) Attached is a copy oi any regulations on which this action is based. (4) All written materials, reports. and documents upon which this action is based are available for your review. You havethe right?to respond to this notice either orally or in ym?ting (or both) to the unders?gned; within seven l7l calendar days of the issuance of this notice Any response you make will be considered priorto taking ?nal action The appointing authority may extend the response period for good cause. if you have been suspended due?to?pe i criminal charges, disciplinary action may be taken after disposition of the charges. - .2017 Davrd o. Livingston, Sheriff Date Appointing Authority NOTE: If the employee is being placed A capy of the foregoing notice was on temperary leave of absence with pay, personally served/sent by certified mail complete and attach Supplemental form on this day of 3 2017. AK183 NAME: A: . .- xix" SIGNATURE: WHITE - Empl0yee's Copy CANARY - Employee Relation 5 Copy PINK - Department's Copy AK182 (3/32; ,i g, Page 1 of 6 CONTRA COSTA COUNTY NOTICE OF PROPOSED ACTION (SKELLY Section 1108.1: Personnel Management Regulations Administrative Bulletin 416: Project Positions Applicable Memorandum of Understanding TO: NAME: Christa herS daro CLASSIFICATTON: Deputy Sheriff ADDRESS: DEPARTMENT: Office of the Sheriff Under Part II, ?1108.1 of the County Personnel Management Regulations, Administrative Bulletin 416 and the applicable Memorandum of Understanding (if any} before taking action to dismiss, suspend or demote an employee, the appointing authority must give a notice of proposed action. This notice is to inform you of the department?s proposal to take the following action: 1) Terminate your employmentI March 6, 2017- (2) The following constitutes the charges or grounds for this action: See the attached, NT T0 NOTICE OF PROPOSED ACUONLSKELLY NOTICEL. CHRISTOPHER SPADARO, DEPUTY (Charges should be completely expressed. if more space is needed, add supplemental sheets.) (3) Attached is a copy of any regulations on which this action is based. (4) All written materials, reports. and documents upon which this action is based are available for your review. (5) You have the right to respond to this notice either orally or in writing (or both) to the undersigned, within seven (7) calendar?days of the issuance of this notice ~Any response you make will be considered prior to taking final action. The appointing authority may extend the response period for good cause. if you have been suspended due to peering criminal charges, disciplinary action may be taken after disposition of the charges. fr'ii'u? - - ,2017 David O. thiingston, Sheriff Date Appointing Authority NOTE: If the empioyee is being placed A copy of the foregoing notice was on temporary leave of absence with pay, personally served/sent by certi?ed mail complete and attach supplemental form on this day of 2017 AK183. NAME: SIGNATURE: WHITE - Employee's Copy Employee Re?ation's Copy - Department's Copy Page 1 of 6 ATTACHMENT TO NOTICE OF PROPOSED ACTION (SKELLY CHRISTOPHER SPADARO, DEPUTY SHERIFF CHARGE ON E: On or about November 24, 2016, you drove your vehicle after consmning several alcoholic beverages The Vacaville Police Department pursued you after observing you make an illegal left turn out of a driveway and further observed you speeding, making a left turn against a red light. and then blocking our your vehicle lights after turning into a transit center, where the Of?cer ?nally caught up to you. The Vacaville Police Department conducted a DUI investigation on you after noticing signs of intoxication. After completing the investigation, the Vacavilie Police Department arrested you for driving under the influence Subsequently, the Solano County District Attorney informed this of?ce that your blood alcohol level that night was measured at approximately .1496 and that your criminal case was ?led In addition, the Vacaville Police Of?cer observed that your vehicle still had paper plates on it and suspected that you were not paying your bridge tolls You admitted that yOu had not been paying your bridge tolls for approximately ?ve months. Your conduct violates the Contra Costa County Personnel Management Regulations, Section 1104, and the Memorandum of Understanding between Contra Costa County and the Deputy Sheriffs? Association, Rank 8. File, Section 23.1, concurrent subsections: (cl conduct tending to bring the merit system and/or Office of the Sheriff- Coroner into disrepute; and violation of any lawful or reasonable regulation or order given by a supervisor or department head, to wit, Contra Costa County Sheriff?s Office General Policy and. Procedure, section 1.05 57. subsections 1 A, ?Ala, and ll.A.2.o. A copy ofthis policy is attached. CHARGE TWO: On the same night as Charge One, you initially told the Vacaville Police Department on at least two instances that you only had one beer to drink that evening Later during that same encounter. you admitted consuming four beers that evening During your investigative interview, you admitted consuming five drinks that evening. Your conduct violates the Contra Costa COunty Personnel Management Regulations, Section 1104, and the Memorandum of Understanding between. Contra County and the Deputy Sheriffs? Association, Rank File, Section 23.1, concurrent subsection dishonesty or theft Termination is appropriate in that on April 14, 2016, you were given a written reprimand for Page '2 of F3 CONTRA COSTA COUNTY PERSONNEL MANAGEMENT REGULATIONS 1104. CAUSE. The appointing authority may dismiss, suspend or demote any employee for cause. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal, suspension or demotion may be based on reasons other than those Speci?cally mentioned; absence without leave, conviction of any criminal act involving moral turpitude, conduct tending to bring the merit system into disrepute, disorderly or immoral conduct, incompetence or inef?ciency, insubordination, being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises, neglect ofduty, negligent or willful damage to public property or waste of public supplies or equipment, violation of any lawful or reasonable regulation or order given by a supervisor or department head, willful violation of any of the provisions of the Merit System Ordinance or Personnel Management Regulations, material and intentional misrepresentation or concealment of any fact in connection with obtaining employment, misappropriation of County funds or property, in] unreasonable failure or refusal to undergo any physical, medical and/or exam and/or treatment authorized by these regulations, (0) dishonesty or theft, excessive or unexcused absenteeism and/or tardiness, sexual harassment including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when such conduct has the purpose or effect ofaffecting employment decisions concerning an individual, or unreasonably interfering with an individual?s work performance, or creating an intimidating or hostile working environment. (Amended 09/25l84) Page 3 of6 23.1 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND DEPUTY ASSOCIATION, RANK FILE JULY 1, 2015 -.IUNE 30, 2019 Cause for Disciplinary Action. The appointing authority may dismiss, suspend, demote, or reduce within class, any employee for cause. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal, suspension, reduction or demotion may be based on reasons other than those specifically mentioned: D- in absence without leave, conviction of any criminal act involving moral turpitude, conduct tending to bring the merit system and/or Of?ce of the Sheriff-Coroner into disrepute, disorderly or immoral conduct, incompetence or inef?ciency, insubordination, being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises, neglect of duty (Le. non?performa nce of assigned responsibilities), negligent or willful damage to public property or waste of public supplies or equipment, violation of any lawful or reasonable regulation or order given by a supervisor or department head, willful violation of any of the provisions of the merit system ordinance or Personnel Management Regulations, material and intentional misrepresentation or concealment of any fact in connection with obtaining employment, misappropriation of County funds or property, unreasonable failure or refusal to undergo any physical, medical and/or exam and/or treatment authorized by this MOU, dishonesty or theft, excessive or unexcused absenteeism and/or tardiness, sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. Page 4 of 6 RUBBER: 1.05.57 Contra Costa County Of?ce of the Sheriff RELATED ORDERS: 1.05.33. 1.05.53. 1.05.28. General Policy and Procedure ISSUE DATE: 2- I -2006 CLEARANCE: REVISION DATE: Of?ce Of the Sheriff CHAPTER: SUBJECT: Personnel Management and Employee Unbeeoming Conduct Relations I. POLICY. A. The public has placed its trust in the Of?ce of the Sheriff to administer an honest effective law enforcement agency. The Of?ce of the Sheriff embraces the public mist and recognizes that effective law enforcement would be severely hampered if such were lost- The Of?ce of the Sheriff also recognize: that this public trust can only be retained through the efforts of all employees. Therefore. employees shall conduct themselves in a manner both on duty and off duty that will not discredit or re?ect poorly on the Of?ce of the Sheriff. 11. GENERAL. A. UNACCEPTABLE CONDUCT. l. By accepting employment with the Office of the Sheriff. safety and general employees alike are accepting a higher standard of conduct than is found in other government senice. We must be aware that our actions on and off duty are subjecr to scrutiny and re?ect on the entire Of?ce of the Sheriff. An employee?s behavior may be considered unbecoming conduct if it would normally be viewed with disfavor by the community we serve. The following is a list of unacceptable conduct. Each item may be suf?cient grounds for utilization of the Corrective Counseling System or the Personnel Management Regulations. The list is not all inclusive and other unspeci?ed conducr may also result in action by the Of?ce of the Sheriff: Unlawful Conduct: Employees will stricdy obsen-e all provisions of the law in both their public and private affairs and will at all times conduct themselves in accordance with all legal mandates. b. Abuse of Authority: Employees will not abuse the authority granted them by virtue of their employment. nor take improper actions through ?color of authority.? Page 5 of 6 up Rule Violations: Employees will not violate any County or Of?ce of the Sheriff policies, procedures, orders, directives or regulations. Treatment of Public: Employees will treat all members of the public with respect and courtesy and will refrain from abusive and derogatory conduct and/or profane or inflammatory language. Insubordination: Failure or deliberate refusal of an employee to obey a lawful order given by :1 Supervisor or Manager shall be insubordination. Ridiculing a Supenisor or Manager or hither orders, whether in or out of their presence, is also insubordination. Disruption of Operations: Acts or omissions contrary to good order. Misuse of Equipment: Negligent or willful damage to public property or waste of public supplies or equipment. Incompetence or Inef?ciency: Failure or inability to adequately complete properly assigned tasks or failure to undertake required obli gations. Cowardice: Deputies of the Of?ce of the Sheriff shall not display cowardice or fail to support other peace of?cers in the performance of duty. Misuse of Sick Leave: Abuse or excessive use of sick leave. Subversive Organizations: No employee shall knowingly become a member of or become connected with any subversive organ ization. The Sheriff may audiorlze exceptions, when necessary. for a law enforcement funcrion. Outside Associations: No employee shall knowingly maintain outside associations that jeopardize the security or integrity of tie Of?ce of the Sheriff or bring discredit to the law enforcement profession. Personal Relationships: Employees will not allow their personal relationships to interfere with Of?ce of the Sheriff business or the performance of their assigned duties. Additionally, fraternizarion with persons in custody, anestees, detainees. criminal defendants or other persons the employee has had an enforcement Contact with. is prohibited. Indebtedness: Employees shall manage their debts in a manner that will not reflect poorly on their position with the Of?ce of the Sheriff. They shall avoid situations where creditors are seeking local judgments or garnishment of their salaries. Other: Any conduct which tends to bring the County or the Office of the Sheriff into disrepute. Page 6 of 6 OFFICE OF THE SHERIFF Contra Costa County Internal Affairs 651 Pine Street, 11?? Floor Martinez California 94553 DAVID O. LIVINGSTON She riff-Coroner Michael V. Casten Undersheriff Date: February 15, 2017 To: Deputy Christopher Spadaro #67044 From: Sergeant Doug Muse, Internal Affairs Subject: Internal Affairs Case 2016-078 The attached investigative report is a copy of information that will be placed in your personnel ?le. Pursuant to 3305 of the Goverrunent Code you are requested to sign below, indicating that you are aware of the contents of the attached papers. 3305 Comments adverse to interest; entry in personnel file or in other Record; opportunity to read and sign instrument; refusal to Sign. No public safety of?cer shall have any comment adverse to his interest entered in his personnel ?le, or any other ?le used for any personnel purposes by his employer, without the public safety of?cer having ?rst read and signed the instrument containing the adverse comment indicated he is aware of such comment, except that such entry may be made ifafter reading such instrument the public safety of?cer refuses to sign it. Should a public safety of?cer refuse to Sign, the fact shall be noted on that document, and signed or initialed by such officer, (Added by Stats. 1976, c. 465, p. 1204, 1.) Date: 7,]l5l 11 Name: 3306 Response to adverse comment entered in personnel file; time. A public safety officer shall have Bil-days within which to ?le a written response to any adverse comment entered in his personnel tile, Such written response shall be attached to and shall accompany the adverse comment. (Added by Stats. 1976, c. 465, p. 1204, 1.) Name: 4512*? lined;? IA. doctunents are considered con?dential and any failure by the employee to maintain the con?dentiality ol? the documents could result in disciplinary action as a violation of Department Manual Section Unbccoming Conduct, and for Section 1.06.74, Control htlormation. RETURN THIS SIGNED FORM ONLY TO INTERNAL AFFAIRS KEEP COPY CASE FOR YOUR RECORDS HONCIR COURAGE COMMITMENT LEADERSHIP 11; AMWUHK Contra Costa County Office of the Sheriff Investigating Officers: Sergeant D. Hall Sergeant D. Muse Document Prepared by: Sergeant D. Muse internal Affairs 2016-078 Confidential document. Do not copy. Only non-involved administrative personnel may review this document. interview recordings are maintained on file by internal Affairs and are available for review by Command Staff upon request. Required cepies must be obtained from Internal Affairs only and will be redacted when appropriate. This document must be returned to Internal Affairs along with all associated documents and attachments immediately following administrative review. . LA. 2016-078 - Date Received: 06/27/2016 Complainant: Administrative Involved Employee: Deputy Christopher Spadaro Final Disposition Allegation Final Disposition Unbecoming Conduct Unlawful Conduct Unbecommg Conduct Disrepute Dishonesty 5/7744i/W (ZION Fl LA. 2016-078 Date Received: 06/27/2016 Complainant: Administrative CON Fl DENTIAL Table of Contents Recommended Findings Page 3 Witness List Page 4 Attachments List Page 5 Case Synopsis Page 6 Investigation Narrative Page 7 Statement of Vacavilie Police Department Officer Julie Bailey Page 12 Statement of Vacaville Police Department Of?cer Chuck 14 Statement of Deputy Christopher Spadaro Page 14 Conclusions Page 17 i: I if) i LA. 2016-078 Date Received: 06/27/2016 Complainant: Administrative Recommended Findings Name Allegation Recommended Finding Deputy Spadaro Unbecoming Conduct - SUSTAINED Unlawful Conduct Deputy Spadaro Unbecoming Conduct - SUSTAINED Disrepute Deputy Spadaro Dishonesty SUSTAINED C) 2016-078 Date Received: 06/27/2016 Complainant: Administrative CONFI DENTIAL Witness List Officer Julie Bailey (Badge #319) Vacaville Police Officer Officer Chuck Bailey (Badge #457) Vacaville Police Officer (V) l?l I. f) E. ll #21 LA. 2016-078 Date Received: 06/27/2016 Complainant: Administrative CONFIDENTIAL Attachments 1) Transcript of Vacaville PD Officer Julie Bailey's interview, dated December 8, 2016. 2) Transcript of Vacaville PD Officer Chuck Bailey?s interview, dated December 8, 2016. 3) Transcript of Deputy Christopher Spadaro's interview, dated December 13, 2016. 4) Memorandum from Sergeant Curran to Lieutenant Sanders, dated November 24, 2016. 5) Memorandum from Lieutenant Patzer to Captain Simmons, dated November 24, 2016. 6) Memorandum from Lieutenant Sanders to Captain Simmons, dated November 25,2016. 7) Emergency Personnel Action Memorandum from Captain Simmons to Deputy Spadaro dated November 25 2016. 8) Memorandum from Captain Simmons to Undersheriff Casten, dated November 29,2016 9) Letter of Reprimand from Assistant Sheriff Schuler to Deputy Spadaro, dated April 14, 2016. 10) Vacaville Police report #19-09199, dated November 24, 2016. LA. 2016-078 Date Received: 06/27/2016 Complainant: Administrative CONFIDE NTIAL Synopsis On November 24, 2016, at approximately 0147 hours, Deputy Spadaro was stopped by Vacaville Police Department for a moving violation and excessive speed. The Vacaville Police Officer suspected Deputy Spadaro was driving under the influence of alcohol. A DUI investigation was conducted and it was determined that Deputy Spadaro was operating a motor vehicle in violation of CVC 23152ia). Deputy Spadaro was arrested and booked for CVC 23152(a) and cite released from the Vacaville Police Department. Deputy Spadaro submitted to a blood analysis and his BAC was measured at A criminal complaint was filed by the Solano County District Attorney?s Office on January 12, 2017 (DA F170191). Deputy Spadaro appeared in the Solano County Superior Court on January 18, 2017 and was arraigned on the charge of 23152(b) CVC. Deputy Spadaro was released and promised to appear in court on March 1, 2017. (3 AL LA. 2016-078 Date Received: 06/27/2016 Complainant: Administrative Investigation On November 29. 2016, I was assigned this case by Lieutenant Vanderlind. On December 1, 2016, reviewed all documents associated to include: a A Memorandum from Sergeant Curran to Lieutenant Sanders. dated November 24, 2016. I A Memorandum from Lieutenant Patzer to Captain Simmons. dated November 24. 2016. I Memorandum from Lieutenant Sanders to Captain Simmons. dated November 25, 2016. I Emergency Personnel Action Memorandum from Captain Simmons to Deputy Spadaro, dated November 25. 2016. I Memorandum from Captain Simmons to Undersheriff Casten. dated November 29. 2016 II Letter of Reprimand from Assistant Sheriff Schuler to Deputy Spadaro. dated April 14. 2016. The memorandum written by Sergeant Curran documented a phone call he received as the on duty Martinez Detention Facility Red team supervisor. Sergeant Curran wrote he received a phone call from Deputy Spadaro on November 24. 2016 at 0255 hours. Deputy Spadaro informed Sergeant Curran he had been arrested. cited and released by Vacaville Police Department for driving under the influence of alcohol. Sergeant Curran wrote he contacted Vacaville Police Department Sergeant Larsen. who confirmed Deputy Spadaro was stopped at 0147 hours on November 24. 2016 and arrested for violation of CVC 23152(a). Sergeant Curran obtained the Vacaville Police Department report number. 16-09199. and was told Deputy Spadaro acted ?cordial and professional". Sergeant Curran wrote Deputy Spadaro was not armed during his arrest. See attachment 4. The memorandum written by Lieutenant Patzer documented he was called by Deputy Spadaro on November 24. 2016 at 0230 hours. Lieutenant Patzer wrote he picked up Deputy Spadaro from the Vacaville Police Department. Lieutenant Patzer said he referred Deputy Spedaro to the Department Peer Support Team. Employee '3 C- C.) I: I if.) IE5 A LA. 2016-078 Date Received: 06/27/2016 Complainant: Administrative CONFI DENTIAI- Assistance Program and advised him to contact the Deputy Sheriff's Association for representation. Lieutenant Patzer wrote, at 0800 he picked up Deputy Spadaro at his home and drove him to the tow yard. Deputy Spadaro was unsuccessful in retrieving his stored vehicle and Lieutenant Patzer drove Deputy Spadaro home. See attachment 5. The memorandum written by Lieutenant Sanders documented a phone call she received from Sergeant Curran. Lieutenant Sanders wrote she was contacted by Sergeant Curran on November 24, 2016 at 0308 hours. Sergeant Curran informed Lieutenant Sanders Deputy Spadaro had been arrested for driving under the influence by the Vacaville Police Department. Sergeant Curran also informed Lieutenant Sanders that Deputy Spadaro had called in sick for his day shift at the MDF. Lieutenant Sanders wrote she contacted Captain Simmons by telephone at 0317 hours and informed him of the incident. Lieutenant Sanders documented. along with Lieutenant Andrews, she met with Deputy Spadaro at Delta Station on November 25, 2016 at 1130 hours. Lieutenant Sanders placed Deputy Spadaro on paid administrative leave and collected Deputy Spadaro's department identification card. Lieutenant Sanders wrote Deputy Spadaro gave Lieutenant Andrews permission to go into his MDF locker and take control of Deputy Spadaro?s badge and duty weapon. Lieutenant Sanders requested the Internal Affairs Unit conduct an investigation. See attachment 6. The Emergency Personnel Action, written by Captain Chris Simmons, documented the immediate placement of Deputy Spadaro on paid administrative leave. The copy of the memo had a handwritten note from Lieutenant Sanders. indicating Deputy Spadaro was served a copy of the Emergency Personnel Action on November 25, 2016 at 1130 hours. See attachment I I A LA. 2016-078 Date Received: 06/27/2016 Complainant: Administrative if it ilnli it it: Nil The memorandum written by Captain Chris Simmons to Undersheriff Michael Casten, officially requested an internal Affairs investigation into Deputy Spadaro's arrest. Captain Simmons also documented Deputy Spadaro was currently in an active Letter of Reprimand for Unlawful Conduct from 2015. See attachment 8. The Letter of Reprimand written by Assistant Sheriff Matthew Schuler, dated April 14, 2016, documented ?by Deput S-adaro on November 8, 2015. Assistant Sheriff Schuler wrote Deputy Spadaro, Assistant Sheriff Schuler wrote Deputy Spadaro committed The Letter of Reprimand was served'on April 4, 2016 by Captain Simmons and is effective until April 14, 2021. See attachment 9. On December 1, 2016, I reviewed Vacaville Police Department report #16-09199. Police report #1609199 included the Admin Per Se and the CHP 180 form, both authored by Vacaville Police Department Officer Julie Bailey. Police report #16-09199 also included a copy of the Vacavilie Police Department citation, #253100, and the police report, both authored by Vacaville Police Department Officer Chuck Bailey. See attachment 10. The Admin Per Se documented Deputy Spadaro chose to have his BAC tested by a blood test, which was administered on November 24, 20113 at 0231 hours. On page two Officer J. Bailey documented her observations of Deputy Sparlaro?s driving and the probable cause she used for stopping his vehicle. Officer Ji Bailey wrote she observed Deputy Spadaro violate CVC 21461. when he failed to obey a posted regulatory sign. Officer J. Bailey wrote Deputy Spadaro also made an illegal turn against a solid red turn signal and she paced him at 7'0rnph in a posted 35mph zone. Officer J. Bailey wrote Deputy Spadam ?blacked out" his vehicle and pulled into a transit center parking lot, it i 4.5911 ll it i lf?xl LA. 2016-078 Date Received: 06/27/2016 Complainant: Administrative CONFIDENTIAL where she located him in the far corner. Officer J. Bailey wrote Deputy Spadaro admitted to every violation she observed. Officer J. Bailey completed the CHP 180 form, which showed Deputy Spadaro's Honda was towed to Northbay Tow in Vacaville. The storage authority listed was 22651(h), indicating the authority for the tow was the driver of the vehicle had been arrested. The crime report, written by Officer C. Bailey, documented his investigation. Officer C. Bailey wrote he contacted Deputy Spadaro after Officer J. Bailey had conducted a vehicle stop and suspected Deputy Spadaro had driven under the influence. Officer C. Bailey wrote he contacted Deputy Spadaro and smelled a strong odor of an alcoholic beverage emitting from Deputy Spadaro's body and breath. Officer C. Bailey also observed Deputy Spadaro had blood shot eyes. Officer C. Bailey conducted a series of Field Sobriety Tests, which included Horizontal Gaze Nystagmus, the Walk and Turn and the One Leg Stand. Officer C. Bailey asked Deputy Spadaro to blow into his Preliminary Alcoholic Screening Device, which Deputy Spadaro refused to attempt. Officer C. Bailey wrote he placed Deputy Spadaro in handcuffs and informed him he was under arrest for violation of CVC 23152(a). Officer C. Bailey transported Deputy Spadaro to Vacaville Police Department, where he submitted to a blood test. Officer C. Bailey wrote Deputy Spadaro was issued citation number #253100, which he signed, indicating he promised to appear in court on January 18, 2016 at 0830 hours. Deputy Spadaro was released to Lieutenant Patzer. On December 1, 2016, I sent a formal notice to Deputy Spadaro notifying him he was the subject of an administrative investigation. Deputy Spadaro acknowledged the email by phone and stated he understood the formal notice. On December 6, 2016, Lieutenant Sanders provided me a copy of the Body Worn Camera worn by Vacaville Police Department Officer C. Bailey and his cover officer, Officer Moore. Lieutenant Sanders received the Body Worn Camera (BWC) video from Vacaville Police Department Sergeant Nadasdy, who is the Internal Affairs Sergeant for Vacaville Police Department. I viewed the contents of the DVD and saw Vacaville Police Department had provided two videos. Video #244 appeared to be worn by Of?cer Moore. The date stamp on the video read 11i24l16 and the time was 0150:09. The BWC appeared to be mounted on the chest of Officer Moore and the video started with Of?cer J. Bailey conducting a pat search on Deputy Spadaro at the rear of his vehicle. [0 I: Tl A l, LA. 2016-078 Date Received: 06/27/2016 Complainant: Administrative CONFIDENTIAL While Officer J. Bailey conducted her pat search of Deputy Spadaro, he answered her question of how much he had to drink. Deputy Spadaro answered, ?ah let me see, a beer." On the video, Officer J. Bailey asked him, ?how big of a drink was the beer?" Officer J. Bailey told Deputy Spadaro she saw him make an illegal turn out of the parking lot and run a red turn light. During the contact with Officer J. Bailey, Deputy Spadaro admitted to making the illegal turn and running the red turn signal. On the video, Officer J. Bailey stated to Deputy Spadaro that she perceived Deputy Spadaro attempted to get away from her patrol car. Deputy Spadaro answered, "absolutely not.? Officer J. Bailey asked Deputy Spadaro how long he had owned the vehicle and he answered, "absolutely brand new." Officer J. Bailey asked Deputy Spadaro if he had license plates and he said, "i might have the plates at home." Officer J. Bailey asked Deputy Spadaro when he had bought the vehicle and Deputy Spadaro answered. "several months ago." Officer J. Bailey stepped out of the video and conferred with another officer (Of?cer C. Bailey). The ambient lighting in the parking lot of the transit center was such the video was dark. The video quality is poor but the audio of Officer C. Bailey is mostly heard as he contacted Deputy Spadaro and conducted his investigation. The video ends with Deputy Spadaro being told he is under arrest. I viewed video #44, which appeared to be worn by Of?cer C. Bailey. The date stamp on the video read 11f24/16 and the time was 0153:57. The BWC appeared to be mounted on the chest of Officer C. Bailey. The video starts when Officer C. Bailey contacted Deputy Spadaro and conducted his preliminary questions for the DUI. Officer C. Bailey asked Deputy Spadaro how much he had to drink. Deputy Spadaro answered, ?just a beer." Officer C. Bailey instructed Deputy Spadaro on how to conduct each Field Sobriety Test (FST). Of?cer C. Bailey used his flashlight to clearly show Deputy Spadaro's feet during his FST's. Officer C. Bailey placed Deputy Spadaro under arrest and asked him to choose between a breath test and a blood test. The video concluded after Deputy Spadaro requested a blood test. On December 8, 2016, Sergeant Hall and I interviewed Vacavilie Police Officer Julie Bailey by telephone. For a complete transcription of the interview see attachment LA. 2016-078 Date Received: 06/27/2016 Complainant: Administrative CONFIDENTIAL On December 8, 2016, Sergeant Hall and I interviewed Vacaville Police Officer Chuck Bailey by telephone. For a complete transcription of the interview see attachment 2. On December 9, 2016, I sent a second formal notice to Deputy Spadaro with a date and time of December 13, 2016 at 0930 hours for his interview. Deputy Spadaro was contacted by phone and verbally given the interview time. Deputy Spadaro also responded to the email and acknowledged he received the formal notice. On December 13, 2016, Sergeant Hail and I interviewed Deputy Spadaro at Internal Affairs. Also present at the interview to represent Deputy Spadaro was RLS Attorney Julie Fox. I gave Deputy Spadaro an advisement of rights and an administrative admonishment form. Deputy Spadaro signed the form, acknowledging he had read and understood it. For a complete transcription of the interview, see attachment 3. On December 27, 2016, contacted the Solano District Attorney and was told the case was set for arrangement on January-18, 2017. On January 12, 2017, was contacted by the ?ling District Attorney and informed Deputy Spadaro?s case was filed and his arrangement was set for January 18, 2017. i was also informed Deputy Spadaro's lab results showed his BAC was On January 18, 2017, Deputy Spadaro appeared in the Solano County Superior Court and was arraigned on the charge of 23152(b) CVC. Deputy Spadaro was released with a promise to appear in court on March 1, 2017. Statement of Vacaville Police Department Officer Julie Bailey On December 8, 2016, Sergeant Hall and interviewed Vacavilie Police Of?cer Julie Bailey via the telephone. Officer J. Bailey has been employed by the Vacavilie Police Department for twenty-two years and is currently a patrol FTO. For a complete transcription of the interview, see attachment 1. Officer J. Bailey said she was on patrol on November 24, 2016 at approximately 0147 hours. Of?cer J. Bailey said she was parked in a parking lot when she noticed a Honda C) i3 i L) ti i l.A. 2016-078 Date Received: 06(27/2016 Complainant: Administrative CONFIDENTIAL. make an illegal turn onto Peabody Road. When Of?cer J. Bailey pulled onto Peabody Road she noticed the Honda had turned right onto Elmira Road. As Officer J. Bailey turned right, she saw the Honda had pulled away from her. Officer J. Bailey said she noticed she was driving 65 MPH and the Honda continued to pull away from her. Officer J. Bailey said Elmira Road was posted as a 40 MPH zone at the location. Officer J. Bailey said she saw the Honda slowed down and turned against a solid red left turn light at Allison Drive. Officer J. Bailey said she paced the Honda on Allison Drive going 70 MPH, the Honda then made a sudden right turn into the transit center and the driver blacked out the vehicle lights. She estimated she was approximately thirty yards behind the Honda when it blacked out. Officer J. Bailey said the Honda drove to the rear of the transit depot where she caught up to the vehicle. (Attachment 1, page 3, line 119 to line 123) Officer J. Bailey said she did not activate her lights and sirens because she believed that would have caused him to flee. She said the Honda had paper plates, which she did not see until she stopped behind the Honda in the transit center. Officer J. Bailey said, ?i was never close enough to even see what he plates until I was right up on him.? (Attachment 1, page 3, line 111 to line 115) Officer J. Bailey said she felt the driver of the Honda knew she was behind it because she felt. based on her experience, the driver was going to foot bail. Officer J. Bailey said, didn't know what he was doing, like, it was so his driving was so aggressive. i didn't know if he was trying to get away from me or if he was trying to bait me into doing something." (Attachment 1, page 3, line 133 to line 135) Officer J. Bailey said she saw the Honda come to a step and she activated her emergency lights. Officer J. Bailey contacted the driver and saw he had rolled his windows down and had placed both hands on the steering wheel. She noticed he had bloodshot watery eyes and a real strong odor of alcohol smell. During the initial contact, Officer J. Bailey said the driver handed her his license and possibly his department ID. Officer J. Bailey could not recall how Deputy Spadaro identified himself as law enforcement, but she said early in the contact she knew he was a Deputy Sheriff for Contra Costa County. Officer J. Bailey said Deputy Spadaro did not seem disoriented and he was not slurring his speech. Officer J. Bailey said prior to witnessing the Honda make an illegal turn. she had downloaded her BWC footage and left her BWC on the charging dock at the station. Officer J. Bailey said her cover officer, Of?cer Moore. arrived at the transit center quickly after her and she asked him to turn on his BWC. Officer J. Bailey said she asked Deputy Spadaro what he was doing in the transit center parking lot and he answered he was looking for a ?Jack Box?. Officer J. Bailey said l3 (T10 l9 I if.) LE i A L. LA. 2016-078 Date Received: 06/27/2016 Complainant: Administrative CONFIDENTIAL- she contacted the driver and noticed he had bloodshot, watery eyes and she smelled a strong odor of alcohol. (Attachment 1, page 7, line 282 to line 283) Officer J. Bailey said she could not recall exactly how Deputy Spadaro identified himself as a Contra Costa County Sheriff?s Deputy. Officer J. Bailey said, ?it was confirmed in our conversation that he was a that he works for Contra Costa County as a deputy." (Attachment 1, page 7, line 298 to line 301) Officer J. Bailey said she contacted a traffic officer to conduct a DUI investigation. Of?cer J. Bailey did not locate any open containers in Deputy Spadaro?s Honda and she said he did not have a firearm in his possession. Of?cer J. Bailey said Deputy Spadaro was very cooperative and she towed his vehicle because they have a standing policy to tow all vehicles involved in DUI arrests. Officer J. Bailey said she found the registered license plates to the Honda in the back seat and it was her opinion Deputy Spadaro left his paper plates on his vehicle to avoid paying the bridge toll. Statement of Vacaville Police Department Officer Chuck Bailey On December 8, 2016, Sergeant Hall and I interviewed Vacaville Police Officer Chuck Bailey via the telephone. Officer C. Bailey has been employed by the Vacaville Police Department for over sixteen years and he said he has a total of twenty?seven years as a Law Enforcement Officer. For a complete transcription of the interview, see attachment 2. Officer C. Bailey said he was the traffic enforcement officer on duty Thursday November 24, 2016 at 0147 hours, when he heard Of?cer J. Bailey radio dispatch she attempted to catch up to a vehicle. Officer C. Bailey said he was requested to respond to the traffic enforcement stop and conduct a DUI investigation. Officer C. Bailey said Officer J. Bailey briefed him upon his arrival. She told him she believed the driver of the vehicle she had stopped was driving under the influence. Officer C. Bailey said she also identified the driver as a Contra Costa County Sheriff?s Deputy. Officer C. Bailey said he contacted Deputy Spadaro and ?smelled an odor of alcoholic beverage about body and breath, and he aiso had bloodshot eyes." (Attachment 2, page 3, line 92 to line 94) Of?cer C. Bailey confirmed he conducted a series of Field Sobriety Tests to determine if Deputy Spadaro was too impaired to drive. Of?cer C. Bailey confirmed Deputy Spadaro refused to submit to a Preliminary Alcohol Screening (PAS) test. Officer C. Bailey said in his professional opinion, Deputy Spadaro?s BAG was falling and he estimated Deputy 14 F- ii. l' A LA. 2016-078 Date Received: 06/27/2016 Complainant: Administrative CONFIDENNAL Spadaro?s BAC was in the range of .14% or Officer C. Bailey said Deputy Spadaro would be over a 08%. (Attachment 2, page 3, line 124 to line 125) Officer C. Bailey said he placed Deputy Spadaro under arrest based on his observation?s and transported him to the Vacaville Police Department. Officer C. Bailey said Deputy Spadaro cooperated throughout the DUI investigation. Statement of Deputy Christopher Spadaro On December 13, 2016, Sergeant Hall and I interviewed Deputy Spadaro at Internal Affairs. RLS Attorney Julia Fox was present to represent Deputy Spadaro, who said he received and understood the contents of the Formal Notices I had emailed him. Deputy Spadaro also said he understood the Administrative Admonishment and signed the Advisement of Rights Form. Deputy Spadaro has been a member of the Office of the Sheriff for fourteen years and is currently assigned to Blue team at the Martinez Detention Facility. For a complete- transcription of the interview, see attachment 3. Deputy Spadaro said on November 23, 2016, he started his evening at approximately 2000 hours at Tiki Tom's to sing karaoke with a few co-workers. Deputy Spadaro said he consumed three drinks at Tiki Tom's. Deputy Spadaro said the group changed venues and went to Masse?s in Walnut Creek for several hours. Deputy Spadaro said he consumed one drink at Masse?s. Deputy Spadaro left on his own and drove to Thompson?s Corner Bar in Fairfield, where he said he stopped to listen to some music for an estimated forty-five minutes. Deputy Spadaro said he did not order or drink anything while at Thompson?s Corner Bar. Deputy Spadaro said he left Thompson's Corner Bar and stopped at Me. Darla's in Vacaville. where he estimated he stayed for - thirty to forty minutes. Deputy Spadaro said he drank one drink at Ms. Darla's. Deputy Spadaro estimated he consumed five alcoholic drinks between the hours of 2100 and 0130. During Deputy Spadaro's Internal Affairs interview, he was asked if he felt the effects of the ?ve drinks he had consumed before driving and he answered. did." (Attachment 3, page 4, line 168 to line 170) Deputy Spadaro said he was driving home from Ms. Darla's when he was pulled over by Vaoaville Police Officer Julie Bailey. Deputy Spadaro said the violation was for, ?improper left turn, violating a black and white regulatory sign." (Attachment 3, page 5, line 193 to line 194) 15 I II.) A l. l.A. 2016-078 Date Received: 06/27/2016 Complainant: Administrative CONFIDENTIAI. Deputy Spadaro said he turned left out of the bar parking lot onto Peabody Road and turned right onto Elmira Road, travelling an estimated fifty miles per hour in a posted forty miles per hour zone. Deputy Spadaro said he turned left onto Allison Drive and noticed the lights from the Vacaville police car behind him. Deputy Spadaro said he noticed the Vacaville Police officer when she turned on the solid red light facing to the front of her patrol car. Deputy Spadaro said he pulled into the parking lot of the Transit Center on Allison Drive. Deputy Spadaro said, normally his practice when he gets pulled over is to turn off his vehicles lights, turn on the interior lights, turn off the car, roll all the windows down and keep his hands visible. (Attachment 3, page 7, line 286 to line 288) Deputy Spadaro said he was not trying to evade the Vacaville Police officer and he could not recall why he turned off his vehicle lights while his vehicle was still moving. Deputy Spadaro said he did not recall telling Vacaville Officer J. Bailey he was looking for a "Jack Box? restaurant when she asked him why he had pulled into the Transit Center. Deputy Spadaro said he was not looking for a ?Jack Box" restaurant. Deputy Spadaro said he pulled his vehicle over in response to the overhead lights on the Vacaville Police car. Deputy Spadaro said he was contacted in the driver seat and identified himself with his California driver?s license and his Sheriff?s Department Identi?cation card. Deputy Spadaro said he did not expect professional courtesy from Vacaville Police Officer J. Bailey and he did not have any weapons in his vehicle. Deputy Spadaro described his contact with Vacaville Officer J. Bailey as professional. Deputy Spadaro said he was pulled over in his personal vehicle which had paper license plates and Deputy Spadaro confirmed the license plates for his Honda were found in the back seat. I asked Deputy Spadaro how he paid for his daily bridge toll and he answered. ?Um, I don't". (Attachment 3, page 10, line 444 to line 447) Deputy Spadaro clarified his answer and said he had not updated the payment credit card linked to his Fastrak transponder. Deputy Spadaro said he allowed his Fastrak to lapse due to not updating the card number on file. Deputy Spadaro admitted he drove through the bridge toll without paying. Deputy Spadaro said he was contacted by a traffic officer and conducted a series of Field Sobriety Tests. Deputy Spadaro said he refused to submit to a Preliminary Alcohol Screening test because he was embarrassed by the potential results. Deputy Spadaro said he was handcuffed and transported to the Vacaville Police department. Deputy Spadarc said a nurse arrived and conducted a blood draw. 16 (.3 A LA. 2016-078 Date Received: 06/27/20i6 Complainant: Administrative i if )i-i'xl I713 Deputy Spadaro was asked if during the evening of November 23, 2016, he felt too impaired to drive or if he felt the effects of the alcoholic drinks he had consumed. Deputy Spadaro answered, ?At the time I did feel the effects were mostly too much, yes." (Attachment 3, page 12, line 521) Deputy Spadaro was also asked if he was familiar with and understood Sheriff Office Policy 1.05.57 Unbecoming Conduct. Deputy Spadaro answered he was familiar and understood the policy. Deputy Spadaro was asked if he violated Sheriff Office Policy 1.05.57 Unbecoming Conduct and if he placed the Sheriff's Office in Disrepute. Deputy Spadaro answered both questions by saying, ?Without question." (Attachment 3, page 12, line 523 to line 539) Conclusions At issue are the following: 1) Did Deputy Spadaro?s actions on November 24, 2016 and subsequent arrest and charge for driving under the influence in violation of CVC 23152(b). amount to Unlawful Conduct, therefore, violating Policies and Procedures section 1.05.57: Unbecoming Conduct Unlawful Conduct? 2) Did Deputy Spadaro's actions on November 24, 2016 bring the Office of the Sheriff into disrepute, in violation of Policies and Procedures section 1.05.57: Unbecoming Conduct Other? 3) Was Deputy Spadaro dishonest to Vacaviile Police Officers J. Bailey and C. Bailey during their initial DUI investigation, when he told them he had only consumed one beer prior to driving. in violation of (30080 Policies and Procedure Section 1.05.70 Personnel Management Regulations? As to the first issue. .aeatimi States in part: I. POLICY A. The public has placed its trust in the Office of the Sheriff to administer an nor-test effective Jaw enforcement agency. The Office of the Sheriff [Ii - l, ll la! i LA. 2016-078 Date Received: 06/27/2016 Complainant: Administrative embraces the public trust and recognizes that effective law enforcement would be severely hampered if such trust were lost. The Office of the Sheriff also recognizes that this public trust can only be retained through the efforts of all employees. Therefore, employees shall conduct themselves in a manner both on duty and off duty that will not discredit or re?ect poorly on the Office of the Sheriff. ll. GENERAL. A. UNACCEPTABLE CONDUCT. 1. By accepting employment with the Office of the Sheriff, safety and general employees alike are accepting a higher standard of conduct than is found in other government service. We must be aware that our actions on and off duty are subject to scrutiny and reflect on the entire Office of the Sheriff. An employee's behavior may be considered unbecoming conduct if it would normally be viewed with disfavor by the community we serve. 2. The following is a list of unacceptable conduct. Each item may be sufficient grounds for utilization of the Corrective Counseling System or the Personnel Management Regulations. The list is not all inclusive and other unspecified conduct may also result in action by the Office of the Sheriff: a. Unlawful Conduct: Employees will strictly observe all provisions of the law in both their public and private affairs and will at all times conduct themselves in accordance with all legal mandates. Also to the first issue: California Vehicle Code 23152 Driving Under the influence ofAlcohol or Drugs states in part: it is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. it is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person ?s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 270 liters of breath. 18 I DE LA. 2016-078 Date Received: 06/27/2016 Complainant: Administrative CON Fl DENTIAL in any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. On November 24. 2016, Deputy Spadaro drove his personal vehicle after consuming numerous alcoholic beverages. He admitted to consuming five alcoholic beverages from four separate establishments. While driving home, Deputy Spadaro was stopped by Vacaville Police Of?cer J. Bailey who observed him make an illegal turn out of the parking lot of Ms. Darla's bar. Vacavilie Police Of?cer C. Bailey arrived and conducted a DUI investigation. In his interview, Officer C. Bailey said he noticed objective signs of intoxication in Deputy Spadaro. Officer C. Bailey said he smelled an odor of alcohol emitting from Deputy Spadaro and noticed he had bloodshot eyes. In Officer C. Bailey's report, he wrote Deputy Spadaro performed a series of Field Sobriety Tests. to include Horizontal Gaze Nystagmus, the Walk and Turn and the One Leg Stance. Officer C. Bailey wrote Deputy Spadaro performed poorly on the Field Sobriety Tests and he placed him under arrest for violation of CVC 23152(a). driving under the influence. On January 12, 2017. was contacted by the filing District Attorney and informed the criminal charge of CVC 23152(b), driving under the influence at a .08 or higher. was filed against Deputy Spadaro. was also informed Deputy Spadaro?s lab results returned and his BAC was measured as On January 18, 2017, Deputy Spadaro appeared in Solano County Superior and was arraigned on the charge of CVC 23152(b). Superior Court Judge Pendergast released Deputy Spadaro on his own recognizance with a promise to appear at his future court hearing on March 1, 2017. Deputy Spadaro?s decision to drive his vehicle after consuming alcohol, his subsequent arrest and arraignment to the charge of CVC 2315203) is in clear violation of the law and of Sheriffs Of?ce Policies and Procedures section 1.05.57 - Unbecoming Conduct Unlawful Conduct. The administrative investigation disclosed sufficient evidence to clearly prove the allegation. Therefore. I recommend the finding of SUSTAINED as to the violation Policies and Procedures section 1.05.57: Unbecoming Conduct - Unlawful ConductLA. 2016-078 Date Received: 06/27/2016 Complainant: Administrative CONFIDENTIAL. As to the second issue, Policy section 1.05.57 Unbecominq Conduct. states in part: Ill. POLICY A. The public has placed its trust in the Of?ce of the Sheriff to administer an honest effective law enforcement agency. The Office of the Sheriff embraces the public trust and recognizes that effective law enforcement would be severely hampered if such trust were lost. The Office of the Sheriff also recognizes that this public trust can only be retained through the efforts of all employees. Therefore, employees shall conduct themselves in a manner both on duty and off duty that will not discredit or reflect poorly on the Of?ce of the Sheriff. IV. GENERAL. A. UNACCEPTABLE CONDUCT. 3. By accepting employment with the O?ice of the Sheriff, safety and general employees alike are accepting a higher standard of conduct than is found in other government service. We must be aware that our actions on and off duty are subject to scrutiny and reflect on the entire Office of the Sheriff. An employee's behavior may be considered unbecoming conduct if it would normally be viewed with disfavor by the commonity we serve. 4. The following is a list of unacceptable conduct. Each item may be sufficient grounds for utilization of the Corrective Counseling System or the Personnel Management Regulations. The list is not all inclusive and other unspecified conduct may also result in action by the Of?ce of the Sheriff: 0. Other: Any conduct which tends to bring the County or the Office of the Sheriff into disrepute. Of?cer J. Bailey stated in her interview, she attempted to catch up to Deputy Spadaro's vehicle as he sped down Elmira Road. She said Deputy Spadaro made an illegal turn onto Allison Drive. Of?cer J. Bailey said he turned off his vehicle lights and immediately pulled over into the transit center parking lot. During her interview with Internal Affairs, Officer J. Bailey said she felt the driver of the Honda knew she was behind it because she felt. based on her experience. the driver was going to foot bail. Officer J. Bailey said. didn't know what he was doing, like, it was so his driving was so aggressive, didn?t know if he was trying to get away from me or if he was trying to halt me into doing something.? (Attachment 1, page 3, line 133 to line 135LA. 2016-078 Date Received: 06/27/2016 Complainant: Administrative Fl i AL Deputy Spadaro said he did not attempt to evade from Officer J. Bailey, and he pulled over as soon as he saw her red forward facing light. Deputy Spadaro said he did not remember why he turned off his vehicle lights while his vehicle was still moving and he did not recall telling Officer J. Bailey he was looking for a "Jack Box restaurant. Officer J. Bailey said she noticed Deputy Spadaro?s vehicle had paper plates on it and she later located the vehicle's license plates in the rear seat during the inventory of the vehicle for a tow. Officer J. Bailey indicated she suspected Deputy Spadaro did not put on his license plates in an attempt to conceal his identity. During her interview, Officer J. Bailey said, ?my thought is that he, urn, isn?t paying his tolls" (Attachment 1, page 9, line 382 to line 383) Deputy Spadaro admitted to not paying his toll after Costco changed from accepting American Express cards to accepting Visa credit cards. It should be noted, Costco discontinued accepting American Express cards on June 20, 2016. Deputy Spadaro lives in Vacaville and must cross the Benicia Bridge to drive to the Martinez Detention Facility. Deputy Spadaro admitted to evading the bridge toll for approximately five months. Members of the Office of the Sheriff shall conduct themselves in a manner that will not discredit or re?ect poorly on the Of?ce of the Sheriff. Deputy Spadaro, as a law enforcement of?cial and representative of the Office of the Sheriff of Contra Costa County, is held to a higher standard of conduct, both on duty and off duty. Deputy Spadaro's admitted bridge toll violation, it discovered by the public, would cause the residents of Contra Costa County to view the Sheriff?s Office in a negative light and erode the public trust. Furthermore, Deputy Spadaro?s driving behavior just prior to being pulled over by Officer J. Bailey and his arrest placed the of?ce of the Sheriff into disrepute. in violation of Sheriff's Office Policies and Procedures sections 1.05.57 Unbecoming Conduct Other. The administrative investigation disclosed sufficient evidence to clearly prove the allegation. Therefore, i recommend the finding of SUSTAINED as to the violation Policies and Procedures section 1.05.57: Unbecoming Conduct - Other. As to the third issue, (30080 General Policv and Procedure Section 1.05.70 Personnel Management Regulations. states in part: I. POLICY. C) .i l? I'xl l- LA. it 2016?078 Date Received: 06/27/2016 Complainant: Administrative CON Fl DENW A. The effective and eh?icient operation of the Office of the Sheriff requires that employee behavior conform to Office of the Sheriff standards. Occasionally, positive actions to correct unacceptable behavior fail or the unacceptable behavior is such that use of the Corrective Counseling System is inappropriate. The Office of the Sheriff uses the County Personnel Management Regulations in these cases to modify unacceptable behavior. F. CAUSE OF ACTION REPORT. a report from supervisory personnel that identifies specific causes for disciplinary action against an employee. K. REVOCATION OF POLICE POWERS. It may be necessary for the Sheriff or designee to temporarily suspend the police powers of a sworn employee. The employee is served with a document indicating that the officer?s police powers (per Section 830 PO, et. seq.) have been suspended, and revoking authorization for Office of the Sheriff issued weapons, lD card and badge. ll. GENERAL. A. PERSONNEL MANAGEMENT. The County Merit System Ordinance and Personnel Management Regulations provide that tenure of employees shall be awarded for good behavior and the rendering of eh?icient service. These regulations also provide that the Sheriff may dismiss, suspend, demote or reduce in compensation any employee for cause. When the use of the Corrective Counseling System is inappropriate, or the employee has failed to correct unacceptable behavior while in the system, the Personnel Management Regulations will be utilized. 1. Cause. The following list of causes are scihicient for the utilization of the Personnel Management Regulations. The list is indicative of causes that may result in dismissal, suspension, demotion or reduction in compensation. However, it is not all inclusive and other unspecified causes may result in such action. it". Dishonesty or theft. During Deputy Spadaro's initial contact with Vacavilie Police Officer J. Bailey. she asked him how much he had to drink. Deputy Spadaro answered he had one beer during the evening. Later, when Of?cer C. Bailey conducted his initial preliminary DUI questioning, he asked Deputy Spadaro how much Deputy Spadaro had to drink. Deputy Spadaro answered he had one beer to drink. A review of the BWC video, which showed both J. (3 (.3 ii) i. LA. 2016-078 Date Received: 06/27/2016 Complainant: Administrative Bailey and C. Bailey contacting Deputy Spadaro, captured his statements to both Vacaville Police Officers regarding how much he had to drink prior to driving. Officer C. Bailey later documented in his crime report that Deputy Spadaro admitted he had consumed four beers during his evening. Subsequently, during his interview with Internal Affairs, Deputy Spadaro admitted he consumed five drinks during his evening, in apparent conflict with the statements he made to Vacaville Police Officers J. Bailey and C. Bailey. Deputy Spadaro was dishonest with both Officer J. Bailey and Officer C. Bailey when he stated he had consumed one drink prior to driving his vehicle. The administrative investigation disclosed sufficient evidence to clearly prove the allegation. Therefore. recommend the finding of SUSTAINED as to the allegation of a violation of 00080 General Policy and Procedure Section 1.05. 70 Personnel Management Regulations - Dishonesty 23 Gt 3 l3" I EN k. 9 OFC. JULIE BAILEY Interviewer: Sgt. Douglas Muse pm Case 2016-078 Page 1 TELEPHONIC INTERVIEW WITH OFC. JULIE BAILEY Q=Sgt Douglas Muse Q1=Sgt Dave Hall A=Ofc. Julie Bailey Okay. Okay, this is Sergeant Doug Muse. It is December 8 at 5:03 pm. We are speaking - I am with Sergeant Dave Hall in my of?ce, and we are speaking with, uh, Vacaville Police Department is it Corporal Julie Bailey? Nah, just of?cer. Just of?cer, okay. Uh - uh, regarding IA 2016?078. Uh, this interview is being digitally recorded. This is an administrative investigation. You have been identi?ed as a potential witness in an investigation. Um, as you know, while we?re talkin? it?s important that you be honest because during the course of our conversation it?s considered your duty to be completely forthright and truthful, do you understand this? Yes. ?Kay. How long have you been with the Vacaville Police Department? Twenty?two years. And what is your cun'ent shift or assi? and assignment? I?m a FTO, and I?m on (unintelligible) shift on the second side of the week. Wednesday through Saturday? Yeah, from from 1600 to 0200. ?Kay. Urn, can you provide me with a '1 good department phone number and address real quick, ?cause I don?t have one, I need one. Yeah, um, do you want the - the the of?ce number or do you want my cell Q1: Q1: WITH OFC. JULIE BAILEY Interviewer: Sgt. Douglas Muse pm Case 2016-078 Page 2 phone number (unintelligible)? The the office number?s ?ne. It?s (707) 449-5200. And the address is 660 Merchant Street, Vacaville, 95688. Okay. It broke 011 the phone number, can you do the (707)? 5200. Okay. All right, so we?re gonna discuss, um, the DUI stop you did on, uh, Thanksgiving evening or morning, Thanksgiving morning, on Thursday, November 24, 2016 at or about, uh, 0147, did you notice a burgundy Honda vehicle make an illegal turn? Yes. When you noticed the Honda, which, uh, where were you parked and which way were you facing? 1 was parked in a driveway at the Opportunity House gift shop at 107 Peabody Road, and I was facing west onto Peabody Road. And did you, uh, did you pull out and get behind the Honda? Yeah. Well when I had pulled out he was already gone, like he turned right onto Elmira Road. Okay. Can you go through kind of, urn, the stop up until the point you contacted him, if you could, in a narrative form? Yeah, um, so when I - when I pulled out onto Pea- I saw he was gonna turn on - on Elmira. I drove to Elmira and saw that he was quite a ways already in Elmira Road and lrealized that he was going fast, like, (unintelligible). Um, so as was trying to catch up to him I realized that Iwas going about 65 miles an hour and it?s a posted 40 mile an hour zone and he was still pulling away from me. Um, and as was catching up to him he arrived at a still red left turn arrow at Elmira Road and he just slowed enough to make the turn, he didn't - 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 1,19 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 Q1: Q1: Q1: TELEPHONICINTERVIEW WITH OFC. JUL-IE BAILEY Interviewer: Sgt. Douglas Muse i2-08m16/5zo3 Case 2016?078 Page 3 he didn?t come c1ose to stopping at the red light, and he just blew the red light turning le? onto, uh, northbound Allison Drive. And and then he started speeding again. Um, I was pacing him past Ulatis Drive at, uh, 70 miles an hour plus in a posted 35 mile an hour zone. And then as we approached the Allison Transit Center, uh, it?s like a bus depot, he suddenly turned right into the transit center, blacked out all of his lights, and drove to the far back part of the bus depot, and that?s where I caught up to him and contacted him. All right. Did you activate your overhead lights at all or siren when you were attempting to catch up to him? No. I I thought that that would probably cause him to ?ee. Okay. Had you - had you run the plate? Um, we - we have, uh, the - the com? I?m I?m assuming you guys have the computers in your cars as well. Did you - did you have a chance to run the plate while you were trying to catch up with him? He had paper plate and 1 was never close enough to even see what he Okay. until 1 was right up on him. Okay, thank you. How far behind the Honda were you when it blacked out and pulled into the transit center? Uh, by that time Iwas pretty close. Uh, hang on, I?m bad at estimating distances. Uh, say 20, 30 yards away from him. Okay. Uh, do you feel the driver knew you were behind him and he was trying to get away from you? I thought so at the time. I - I thought he was gonna foot bail when he when he pulled in there and blacked out I thought he was gonna foot. Okay. I didn?t - I didn?t know what he was doing, like, it was so his driving was so aggressive, I - 1 didn?t know if he was trying to get away from me or if he was trying to bait me into doing something. 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 Q1: Q1: Q1: WITH OFC. JULIE BAILEY Interviewer: Sgt. Douglas Muse pm Case it 2016-078 Page 4 Understood. Of?cer Of?cer Bailey, uh, Sergeant Hall here, if, um, when he blacked out and went to the transit center, urn, am I understanding this right, the transit center doesn?t have like a rear exit or anything, it?s just a Right. lot, is that correct? It, yeah, it?s one way in and one way out. Okay, thank you. Eh, were you, eh - eh, your cover show up at this point or were you - did you stage for your cover, did you wait for your coverdidn?t have the opportunity to wait for my cover because it was, uh, you know, by the time I was putting it out we were coming to a stOp. Okay. So my cover was there pretty quick behind me, um, my body camera, that?s when I realized that I just I just left the police department shortly before this happened and 1 just finished downloading the videos from previous in the night, so that?s when I realized that I left my body camera at the police department so I asked my cover of?cer to begin recording it, and that was pretty quickly after I got there. All right. Like, after I was at the driver?s side door he was at the passenger?s side and I motioned to him to use his body camera to record it because I didn?t have mine, and I recall that being pretty quickly after I initiated the ?rst contact, so he wasn?t too far behind me. Okay. And is that Of?cer (Moore)? Yeah. Okay. Uh, we - I have a copy of his, uh, footage as well as, um, uh, Chuck Bailey?s footage, as well. And I ?ve - I?ve - I have viewed that. U111, so the, eh, I want to just make sure I understand. The driver pulls into the transit lot and you?re pretty much on him, um, the was there a a separation of time at all, 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 Q1: Q1: Q1: Q1: Q1: TELEPHONICINTERVIEW WITH OFC. JULIE BAILEY Interviewer: Sgt. Douglas Muse pm Case 2016~078 Page 5 From the time from the time he blacked out into the lot and the timewas pulling in and blacking out 1 was right up on him, like, car stop distance. Okay. Car and a half length behind him. Um, so he wasn?t back there trying to hide, you actually pulled him over right there basically? Right. Okay. He - I mean he prob? who knows why he was back there but it wasn't like he was hiding and you went back there and located him, um, Right. - you saw the car come to a stOp? Yeah. Okay. Um, Of?cer Bailey, is there any - in that transit center is there any reason for just, like, your average citizen to be back there? No. Eh, at - at that hour? Let me preface at that hour. after hours, yeah. There?s no kiosk or anything that anyone could go and, you know, 1 don?t know, get some, like a ATM or anything or there?s nothing in there, right? 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 WITH OFC. JULIE BAILEY Interviewer: Sgt. Douglas Muse pm Case 2016-078 Page 6 No, he told me he was looking for Jack in the Box. Okay. A- and was the Honda parked nose in or did he back stall or just a side ofa wall, a side of a building, side ofa bus? Uh, there?s a driveway that leads straight back and then there?s a parking lot beyond that and he stepped at the end of the driveway at the entrance to the rear parking lot. Okay. Did he stop in response to you or what - what do you think brought him to a complete stop? 1 think he just voluntarily stopped. Okay. He knew I was there, but I - he wasn?t trying to ?ee from me at that point but he like my lights went on and he stopped at kind of almost the same time, like it just happened. Okay. And when - when you approached the vehicle did you locate Chris Spadaro in the driver?s seat? Yeah. In your opinion, um, with being there, w- was there any possibility that someone else was driving the vehicle or was someone else able to get outta the vehicle and run away and he was able to slide over to the driver?s seat? No, there was there was no chance that that coulda happened. He was in constant motion from the time I ?rst observed him to the time he came to a stop. Okay. Um, can you go through your observations or your contact when you came up to the door, can you go in narrative form, um, when you walked up to the door? Um, he rolled both of his windows down and put his hands on the steering wheel, and that to me indicated he was probably law enforcement because he didn?t look like a person who?d been arrested a lotta times. You know how when you stop somebody and they put their hands on the dashboard immediately or on the steering wheel? Yeah. 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 Q1: Q1: Q1: 4? WITH OFC. JULIE BAILEY Interviewer: Sgt. Douglas Muse pm Case 2016?078 Page 7 Yeah. Kind of Like he giveaway? Like he knows what to do. And, uh, he had bloodshot, watery eyes, a real strong odor of alcohol. He didn?t necessarily slur his speech, he didn?t seem disoriented. And when I told him the purpose for my stop he agreed with each point, he acknowledged it and nodded his head, you know, that he was agreeing with what I - what I was saying. Did you, urn, how did he identify himself? I can?t remember how I found out he was a sheriff?s deputy. Um, but I knew pretty much right from the get go, somehow he identi?ed himself. Okay. As a deputy. I don?t recall if he was looking for his identi?cation in his wallet and I saw his work 1D or if he handed both to me, but somehow it was confirmed in our conversation that he was a - that he works for Contra Costa County as a deputy. And did you discuss with him was armed if he had his - any ?rearms in the vehicle? I did. And his answer? He did - he said he did not have any ?rearms in the car. Did you locate any open or empty alcohol beverages in the car? No. 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 TELEPHONICINTERVIEW WITH OFC. JULIE BAILEY Interviewer: Sgt. Douglas Muse pm Case at 2016?078 Page 8 Did you locate anything of note in the vehicle? The license plates to the car were inside the car. Okay. And they they?d been issued quite some time ago, like February or something. Urn, was Chris Spadaro COOperative? Very, yeah. Uh, in regards to the vehicle, um, do you tow all DUI arrests by policy and procedure or is it a case by case basis? It would be a strange exception not to tow the car. We - our policy is to tow the car. Okay. The exception - the exception to that would be, like, you know, family medical emergency or something like that. Okay. And where this vehicle was in the transit center, um, you would tow that vehicle like that 100 out of 100 times, you would say? Yeah. Unless there?s, like, you know, needed the car because he had an ailing child or something to that effect and it was the only car. Okay. That?s the only that?s the only time that we don?t do it. Uh, goin? to the license plates did, um, you recall what Chris Spadaro told you why he had not put on the license plates? He said he just hadn?t gotten around to it yet. And what did you think of that answer? Hello? I?m sorry. 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 Q1: A: WITH OFC. JULIE BAILEY Interviewer: Sgt. Douglas Muse pm Case it 2016-078 Page 9 I?m trying to formulate my answer. Okay, I thought Okay. you, I?m sorry. No, you didn?t lose me. Um, eh, my thought was that he was trying to conceal his identity by not putting his plates on his car. Okay. Do you guys get that a lot in Vacaville with law enforcement? No. Okay. We get it a lot with dirt bags. Yeah? And really that?s probably why I?m so suspicious of it, my thought is that he, uh, isn?t paying his toll. Uh, okay. Urn, did you document this in, uh, in a police repoft or in the in an admin per se or DMV forms? Yes. Admin per se. I did the handwritten narrative on the page two of the admin per se. And was that associated with crime repo? 16?09199? Yes. Uh, was that a yes, I?m sorry? Yes. Okay, thank you. Um, one second, I?m gonna ask my partner if he has any other questions. Uh, that?s gonna conclude our questions. Do you have anything you would like to add regarding this incident? 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 TELEPHONICINTEKVIEW WITH JULIE BAILEY Interviewer: Sgt. Douglas Muse 12-08?16r?5z03 pm Case 20l6?078 Page 10 A: Uh, no, it?s uncomfortable to be in this position. Yeah, we understand. A: I wanted to emphasize that he - he was veiy c00perative and professional throughout our - our contact. Q: Okay. Um, if you have nothin? further to add 1 am going to conclude the intewiew. The time i~ don?t hang up, okay? The time is, uh, 5:18. The transcript has been reviewed with the audio recording submitted and it is an accurate Signed TELEPHONICINTERVIEW WITH OFC. CHUCK BAILEY Interviewer: Sgt. Douglas Muse [2-08-16624 pm Case it 20164378 Page 1 TELEPHONIC INTERVIEW WITH OFC. CHUCK BAILEY Q=Sgt Douglas Muse Q1=Sgt. Dave Hall A=Ofc. Chuck Bailey All right, this is Sergeant Doug Muse. I am in my of?ce at 651 Pine Street with my panner Sergeant Dave Hall. It is December 8, 2016 at 5:24 pm. We are speaking with Vacaville Police Department Of?cer Chuck, uh, Bailey, and this is in regards to IA 2016-078. This interview is being digitally recorded. Uh, you okay with that? Yes, I am. ?Kay. Uh, general questions, sir. How long have you been with the Vacayille Police Department? I?ve been with Vacaville about 16 1/2 years. Okay, how long total law enforcement? Uh, goin? on 27, far as, uh, full-time, a reserve for a year in Vallejo, and a little over nine years in Pinole. Okay. So you?re very familiar with Contra Costa County then? Uh, yeah. All right. Um, what is your current shift and assignment? I uh, working as a, uh, traf?c enforcement of?cer working, uh, 5:30 pm to 3:bike as well or you just a, uh, are you a traf?c car? Uh, traf?c car. Okay. And are you primarily DUls and accidents or what is your what does the traf?c car primarily cover out there? WITH OFC. CHUCK BAILEY Interviewer: Sgt. Douglas Muse 12-08-16/5124 pm Case it 2016-078 Page 2 Yeah, DUIS, accidents and traf?c enforcement. ?Kay. This is gonna be case speci?c question. On Thursday, November 24, 2016 at or about 0147 hours did you hear, um, Of?cer Julie Bailey come over the air? Yes, I did. Uh, what was her radio traf?c? Uh, said she was, uh, ca- uh, attempting to catch a, uh, vehicle that was at a high rate of Speed, and if I remember right she was at - (unintelligible) it was northbound on Allison, uh, Drive. And did you start that way or were you requested? I - I started that way. Okay. Uh, were you eventually requested due to your DUI experience or as a traf?c unit? Yeah. She, uh, got the car stopped and, uh, several ears showed up on?scene, so I just kind of, like, laid back in case it wasn?t anything for me and then, uh, she eventually requested I respond. Uh, were you briefed when you got on?scene by Of?cer Bailey? Yeah. She, uh, let me know that she thought the guy was a DUI. Asked me to take over that part of the investigation. Did she give you any other information about the identity of the driverbelieve that she told me that he was a, uh, deputy with Co?Co. ?Kay. Did she tell you if he was armed or he had evaded or any?a the Specifics on the stop? Uh, if I remember right she said that after he turned into the parking lot of, uh, the transit center there off of Allison he, uh, blacked out when he went, uh, back-a back part of the parkin? lot which basically has no lights back there. ?Kay. When you approached the vehicle and contacted Chris Spadaro, the driver, did you notice anything about him? 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114' 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 TELEPHONICINTERVIEW WITH OFC. CHUCK BAILEY Interviewer: Sgt. Douglas Muse 12?08-16524 pm Case 2016-078 Page 3 Uh, he was sittin? on the, uh, front bumper of a patrol unit. And, uh, when 1 when I, uh, was started talkin? to him 1 could I noticed that 1 could smell a odor of alcoholic beverage about body and breath, and he also had, uh, bloodshot eyes. Okay. Did he identify himself to you? Uh, I do 1think he was - had already been identi?ed and I just when 1 came up I - I called him I think I called him - I asked him if he was Chris, and he said yes. Okay. Um, he didn?t present his department 1D to you? Not to me, no. ?Kay. Durin? our conversation, uh, he let me know that he had been, uh, employed for 16 years with, uh, I believe - I believe at that point 1 already knew that he was with, uh, and he - he told me he?s been with ya - you guys for 16 years. What was his demean- what was Chris Spadaro?s demeanor during your contact? He was, uh, I mean he was, uh, you know, cooperative, you know, didn?t act - didn?t seem like he had any issues with me or anything, or what was goin? on. 1 observed your STs and saw he refused the PAS, you stated in the, uh, and when 1 - 1 saw the camera you stated you had - to him you had been doin? DUIs since 2004. Um, what range would you place his BAC based off your evaluation of his eyes? He - he started on being, uh, like the 1.4 or 1.5 range is gonna be my my estimate. He?s gonna be over an .0 8. Okay. Over an .0 8, okay. Yeah. And did you take custody of Chris Spadaro and transport him to the Yes. Was Chris Spadaro cooperative throughout the entire process? 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 1.57 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 TELEPHONICINTERVIEW WITH OFC. CHUCK BAILEY Interviewer: Sgt. Douglas Muse 12-08-16524 pm Case 2016-078 Page 4 Yes, he was. Did he say anything of note while you had him in custody through this incident? Um, no, nothing that really stands out. ?Kay. While you had Chris Spadaro in custody before he was released, in your professional opinion was his BAC rising or falling? I?d say it was probably falling. Okay. Uh, did you search his vehicle andwas that, uh, Of?? Of?cer Bailey, Julie? I think that was her, uh, did that tow. Did you document this incident in a report? Yes, I did. And was the report 16-09199? Yes. Okay. Let me ask my partner if he has anything else to add. Sarge, you have anything else to add? No. Sir, do you have anything to add regarding this incident? No, I don?t. U11, that is the end of the questions. And if you don?t have anything else to add I?m gonna go ahead and stop the recording. Please don?t hang up. Okay. The time is 1730. I?m stopping. The transcript has been reviewed with the audio recording submitted and it is an accurate transcription. TELEPHONICINTERVIEW WITH OFC. CHUCK BAILEY Interviewer: Sgt. Douglas Muse 1208-16524 pm Case 2016-078 Page 5 181 Signed Li.) 4342-4343-5434:- A1: WITH DEF. CHRIS SPADARO interviewer: Sgt. Doug Muse 12-[346110r05 am Case #2016078 Page i INTERVIEW WITH DEP. CHRIS SPADARO Q=Sgt. Doug Muse Q1=Sgt. Dave Hall A=Dep. Chris Spadaro AlmJulia Fox Good morning. This is Sergeant Doug Muse. It is December 13th, at 10:05 in the morning. We?re in the Internal Affairs Of?ce, 651 Pine Street, 11th Floor, regarding IA 2016?078. I am interviewing Deputy Chris Spadaro. He is represented by his attorney, (RLS) attorney, Julia Fox, and Sergeant Dave Hall as well. I will turn the interview over to, uh, Julia Fox for a statement. Thank you. So it?s our request given the nature of this investigation, that, uh, Deputy Spadaro be Mirandized. There?s certainly the potential for criminal charges and as of yet there?s been nothing adjudicated as a result of this incident in criminal court. That being the case, we are requesting that he be Mirandized. It?s my understanding that, uh, there?s a refusal on the part of the Sheriff?s Of?will proceed given that this is a compelled statement that Deputy Spadaro is giving this morning, but we did want our request noted for the record. Copy, thank you. Um, this interview is being digitally recorded. You understand that? Yes. This is an administrative investigation. You have been identi?ed as the subject of the investigation. You are to answer all questions completely and truthfully. Knowingly making false or misleading statements during the interview will be considered a separate offense that could lead to discipline up to and including termination. Do you understand this? Yes, I do. You receive formal notice from me. Did you understand the formal notice? Yes, sir. INTERN .nW WITH DEP. CHRIS SPADARO Interviewer: Sgt. Doug Muse 1243-1671005 am Case 2016078 Page 2 Do you have any questions regarding its content? I do not. Have you obeyed all the admonitions outlined in the formal notice? Yes, sir. You received a form entitled Administrative Adnionishnient prior to this interview, did you understand it? Yes, sir. Do you have any questions regarding its content? I do not. Thank you. I?m gonna get started with some background questions. How long have you been employed by the SherifPs Of?ce? Approximately 14 years. And where are you currently assigned? Uh, Custody Division. What facility? Uh, MDF, Martinez Detention. And what shi? do you work? Uh, dayshift. And the hours are 0600 to 1530? Correct. And what is your normal assignment on, uh, MDF Blue? Uh, normally assigned to the uh, High Security Unit David Module. Okay, we?re here to discuss your arrest on November 24, 2016, by the Vacaville Police Department. Can you go through the events prior to when you were pulled over by a Vacaville Police Of?cer Julie Bailey. 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 WITH DEP. CHRIS SPADARO Interviewer: Sgt. Doug Muse ant Case 2016-028 Page 3 Uh, starting with the beginning of the evening? Yes, please. Okay. U11, 1 made my way out to, uh, meet with, uh, coworkers, uh, in Concord, uh, approximately 8:00 pm, uh, November 23rd, um, and we were scheduled to meet at, uh, an establishment, uh, called Tiki Tom?s, uh, to engage in, uh, karaoke that evening, and, uh, we had spent, uh, at least a couple of hours there, uh, then, uh, some other coworkers were attempting to get in, uh, and the line was very long, and, uh, the group, uh, decided, uh, it would be best to get the entire group into another establishment, uh, which was, uh, um, Masses. And that?s in Walnut Creek? I believe so. Okay. And, uh, I spent several hours there, uh, working on several, uh, two to three hours there, I believe, and then 1, uh, left that establishment, uh, headed in the direction of my residence, uh, via 680 and Highway 80, and I stopped at another establishment, uh, in Cordelia, Thompson?s, uh, where I sat and listen to some music, uh, possibly 45 minutes, uh, then I eventually made my way to, uh, an establishment in my town where I?m residing. Uh, that establishment was, uh, Ms. Darla?s in Vacaville where I stayed there for approximately 30 to 40 minutes. Uh, left the establishment and within a few minutes of leaving that establishment was, uh, pulled over by, uh, patrol personnel in Vacaville and contacted approximately 1:30 in the morning, I believe. So, um, when you were at Darla?s or Thompson?s were you by yourself or were you with somebody? I was by myself. Okay. And you left the group at Masses? Correct. Uh, how many drinks do you think you had when you were at, uh, Tiki Tom?s? Three. 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 .CLW WITH DEP. CHRIS SPADARO Interviewer: Sgt. Doug Muse am Case 2016-078 Page 4 How many at Masses? One at Masses. What about at Thompson? 1 had nothing at Thompson's. Okay, what about Darla?s? Uh, I had one, uh, one of the, uh, workers at Darla?s, uh, gave me a drink. It was one drink. So how many drinks do you estimate that you had then? Uh, ?ve. Over what would you say, how long of a period? U111, 8:45, 9:00 pm to 1:30ish. When, uh, Vacaville PD pulled you over and asked you how much you drank, . do you remember your response? I think I just, uh, I don?t recall a speci?c response, but I I did notify the, uh, contacting of?cer that I had been drinking. Do you remember your response being, ?One beer.? No. Okay. Did you feel the effects of the alcohol before driving? I did. Urn, you said you were with some folks at Tiki Tom?s and at Masses, uh, did, uh, did anybody ask you if you were okay to drive? Uh, no. Did was there any discussion about, um, being okay to drive with anybody or, uh, ask you if you could drive at all? No. 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 *9 INTERV 112W WITH DEF. CHRIS SPADARO Interviewer: Sgt. Doug Muse ICE-1346110115 am Case 2016?0?8 Page 5 Okay. No. The parking lot you were in, uh, so when you were when you were pulled over where were you headed? I was headed home. Do you remember the reason for - or Violation for being pulled over? Yes, the, uh, ?rst Violation was a, uh, improper left turn violating a black and white regulatory sign. And from that parking lot, is that where Ms. Darla?s is at right in there? It?s a large, uh, complex, uh, very - very large, uh, lot, and yes, that that establishment is located within that parking lot. After making that left turn, I think that is Peabody? Yes. I believe. Then you turn right on Elmira, correct? Correct. Can you estimate your speed on Elmira? Um, possibly 50 miles an hour. Do you know what the posted Speed limit is there? I believe it?s, uh, 40. Okay, uh, when did you notice the Vaeayille Police car? U11, on Allison Drive I notice the, uh, lights. Uh, my rearview mirror was blacked out, meaning it turned to dim the headlights and my rear Window was fogged up and I could notice the lights, So once you go from left onto Peabody, light on Elmira, uh, you made a left turn on Allison Drive and Elmira. 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 cc? IQ ujW WITH DEP. CHRIS SPADARO Interviewer: Sgt. Doug Muse am Case 2016-078 Page 6 Yes. Did you stop at the red tum light? Uh, I believe I stopped outside of the left turn pocket, uh, crossing over the, uh, stop line, and then made the left turn from that, uh, particular spot. And when you tamed - and you?re saying when you turned onto Allison is when you saw the police car behind you, or a car behind you? I believe so, yeah. Did you know it was a police car? The solid red light and the other lights, yes, I did know. Okay, so she turned her, uh, the of?cer turn her lights on. Correct. Did she have her lights on, on Elmira at all? Uh, I don?t know. As I said, the rearview mirror was blacked Okay. the rear window was, uh, fogged and it - it may have been there. I - I don?t know. On Allison, what happen next? Uh, I pulled into a, uh, Park and Ride, uh, parking lot, uh, an area where there?s, uh, several dozen parking stalls and it, uh, appeared to be an appropriate, uh, location to pull over safely. Okay, just so I understand you turn left onto Allison. Yeah. The of?cer activates her lights? I noticed them on, also, yes. And you pull into the - it?s called a Transit 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 31 312 313 314 315 Q1: Q1: INTERN WITH DEP. CHRIS SPADARO Interviewer: Sgt. Doug Muse 12?13-1671 0:05 am Case 2016-078 Page 7 Yes. what they?re calling it? Park and Ride transit sign. And you stopped inside of it, pretty close to inside of it I pulled probably 150? in within the transit center, yes. Okay, the of?cer, uh, wrote in the Admin Per Se she did not light you up on Allison and when she got behind you on Allison you turned all your lights off, blacked out your vehicle, pulled over to the right?hand side tum pocket, pulled all the way to far back of the transit center and stopped. I think - yeah, I - I don?t know. Not that?s normally, 1111, if I had been pulled over in the past, uh, turn off my lights, turn on the interior lights, turn off the car, open the windows and have my hands Okay. ..as - as a matter of courtesy and safety. Okay, and and if you recall that?s why she asked you if you were trying to evade from her. I do recall her asking that. Um, okay. Were you trying to evade? Absolutely not. Okay. No. And is it when you get pulled over in the past is it was it nonnal for you, or was it your practice to tum all your lights off while the vehicle was still moving, or as - when the vehicle came to a stOp? My practice is to turn everything off, turn the interior lights on, open windows and and make sure my hands are Visible. 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 4? INTERV my WITH DEF. CHRIS SPADARO Interviewer: Sgt. Doug Muse 12-13-16110:05 am Case 2016?078 Page 8 With the vehicle stopped or with the vehicle moving still? Proba? most likely would?ve stopped. Okay. Yeah. And do you recall why you turn the lights off when the vehicle was still moving? ldon?t recall, no. Okay. Uh, when you were pulled over do you remember what you told - so do you realize that, uh, you were pulled over by Of?cer Julie Bailey? Yes. U11, and then her husband, Of?cer Chuck Bailey is the one who conducted the DUI. Yes. Okay, so I have ?em J. Bailey and C. Bailey. Urn, you told, uh, Vacaville Police Of?cer J. Bailey you were looking for a Jack in the Box. Do you recall that? Um, I don?t. How long you lived in Vacaville? Uh, about 19, 20 years. Okay, so you?re not 10- you you?re not - you were looking for a Jack in the Box. You - you - you were pulling over in response to the overhead lights. Yes. Okay, and the police of?cer said she never activated her lights ?cause she didn?t get up on you quick enough, so that?s that?s what she?s stating. Okay, so you?re stating that she activated her lights. 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 to. new WITH DEP. CHRIS SPADARO Interviewer: Sgt. Doug Muse am Case .4 2016-078 Page9 I recall seeing the lights and that?s why I pulled over. Okay. So when she asked you if, um, you were evading were you surpn'sed by that? I actually was, yeah, because I wouldn?t - I would never fathom, uh, doing such a thing to create, uh, you know, an issue for an of?cer. When Officer I. Bailey contacted you were you in your driver seat? I was. And then how did you identify yourself? I believe I handed her my driver?s license and my Sheriff?s ID. When you?re pulled over do you normally hand over your, uh, department I do. Did you expect any professional courtesy by identifying yourself as a Sheriff? Absolutely not. Uh, did you have any weapons in your car? I did not. How would you describe your contact with Of?cer I. Bailey? Were you professional and cooperative or were you disrespectful or how would you describe it? Ibelieve I was professional. Uh, whose car were you driving? It was my vehicle. When did you buy it or when did you get it? Approximately a year ago, February. ls, uh, that?s the Honda, correct? Yes. 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 INTERN MW WITH DEP. CHRIS SPADARO Interviewer: Sgt. Doug Muse 12-13-16/10205 am Case 2016-078 Page 10 Is that your commuter car? Yes. Uh, didn?t have license plates on the car? Correct. Why not? Uh, didn't take the opportunity to af?x them to the vehicle. And where were they located? Uh, I realize they were located, uh, when I found ?em the next day, uh, they were on the backseat of the vehicle - well, a few days later after I got it - retrieved it from the tow company it was laying on the backseat, or the two - two plates. Do you remember when your plates were issued? I don?t recall when I receive them. Does February 2016 sound about right? Bless you. Excuse me. Thanic you. that time period. And you didn?t install ?em ?cause you didn?t have the opportunity? lhad several opportunities. I just didn?t seize the opportunity to do that. Uh, living in Vacaville and crossing the bridge every day, how do you pay for your daily bridge toll? Um, I don?t. Uh, what do you mean you don?t? 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 Q1: Al: Q1: A1: Q1: INTERMLW WITH DEP. CHRIS SPADARO Interviewer: Sgt. Doug Muse am Case 2016-078 Page 1 Uh, I previously had a, uh, a Fast Track transponder and, uh, the transponder was registered with a Costco, uh, American Express Card, and then Costco had switched over to Visa and we got the new cards and Ihadn?t taken the opportunity to transfer, uh, the Fast Track account with the Visa credit card, and - and I didn?t do that. Okay. So you?re saying you were going through toll without paying? Yes. So I?m just gonna object to this because there was no notice that that would be a? a point of inquiry. It?s my understanding that Deputy Spadaro was noticed for DUI. He was noticed for unlawful, urn, this would fall under this category. That it has to be more narrow than that. He has to know what he?s being investigated for. Okay. Okay. Uh, what happen next in terms of the, urn, car stop? Uh, the contacting of?cer, uh, requested I step from the vehicle. Uh, I recall hearing, uh, the contacting officer, requesting a traffic unit to, uh, respond to the location. I, uh, met with the, uh, investigating, uh, traf?c of?cer, and I performed a series of, uh, sobriety tests. Uh, after the completion of the, uh, tests, I was, uh, arrested and handcuffed and taken to the police station. Uh, when you ?nish your did you refuse to blow in the 1 did decline the (PAS), yes. Okay, any particular reason? I was, uh - uh, potentially embarrassed to see the results and that I maybe close to being over an apprOpriate limit. Uh, after he placed you in handcuffs where did you go? Uh, was transported to the Vacaville Police Department. And at the police department can you go through the sequence of events there. 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 51.9 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 Al: .eW WITH DEP. CHRIS SPADARO Interviewer: Sgt. Doug Muse am Case 2016-078 Page 12 I was un?handcuffed. Um, I was seated at a, uh, desk. Uh, several acquaintances 1 have known from the Contra Costa County Sheriff?s Of?ce that had lateraled over had come to meet with me and, uh, sort of, uh, maybe to lend their support of some sort. Let us know if you need a break, Chris. It?s embarrassing. Did you choose blood or - blood draw or breath? I, uh, elected for a blood draw. Okay, do you recall how long you were at the Probably an hour. At any p9oint in the evening do you feel that you were too impaired to drive or did you think that you had too much to drink to drive safely? I believe it was best if I had not driven retrospectively, yes. What about at the time? At the time I did feel that the effects were mostly too much, yes. Are you familiar with Sheriff?s Of?ce Policy - this one right here, 1.05.57 Unbecoming Conduct? Yes, sir. Do you understand the policy? Yes, sir. Do you think you violated it? Without question. Do you think your actions on November 24, has placed the Sheriff?s Of?ce in disrepute? Without question. -?Jl a A . ?0 U: 33If?! W1 RU Sgt. Doug. Mum.- 17-1345310115 an. Caz-H: I Pelt-Lt? '13 Q: gonna conclude quuntiom. and 1H have any qucgtions any/Thing statements uh. do ynu guys hem: anything, in auhl?.? A1: do think it's important that you share with [he Shcri??s Ol?iicc what, ifuny, proactive. steps; you?ve taken to address any alcohol issues that you may havu sz'Ltir this DUI un'cst. A: Uh. a?cr this I rcachm?l . 1h ?1 Have things in your personal life been :1 catalym for the drinking? A: A. I: Did you initiate that? (HUI. Sn it; that .11: attempt by yum tn riglzz shiny} ma [Em xit?w?.? 586 587 588 589 590 591 592 593 504 595 596 597 598 599 600 601 602 603 604 605 (1(1th 608 609 610 61 I (312 (113 614 615. 616 617 618 019 620 (1'21 622 (13.3 (335 (1.20 (33.8 637.0 (330 (le Qt: A Q1: 1? i?ItV .. HEP. CHRIS SPADARO Sgt. Doug, Mum: tint 01%ch SING-UTE Page [st m, where are you at as far as, uh, your court - your coutt proceedings or things of that nature? Do you huvc? a court date, I have a court date of January 18. .h-imtui'y It}. I, uh, contacted the DA. Uh, they inform me that thcy haven?t received anything ti?om Vacavilte yet, uhsso that?s as much as I know right now. Okay. Do you have anything clsc? No. Anything clsc? Uh. like anyone, i had - I could probably come up with Int) sotutions to driving. in that murmur and the unfortunate chuicc to - to do that. and out; thing, i cut: do mm is; recognize that tutti, uh, [can do way than that. "that?s all. Do you have :1 restricted driving; pt'iviicgcs right now. liltc to. tilt. to work only provision or is there. 3~ art: you t'cstrictcd from driving? How is that 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 66?. Q1: Q1: .e'W WITH DEEP. Cl-lRlS SPADARO Interviewer: Sgt. Doug Muse 12-13-16110:05 am Case #1 20lt?1-078 Page 15 working? I have (unintelligible) which allows me to drive for 30 days. Sure, okay. Uh, I have to contact my insurance company. Ihave to obtain an SR22. That will be transmitted to DMV. Uh, once 1 get to court - I?ve been involved in probably hundreds of arraignments, uh, at that point if there?s a disposition in the case, 1111, I would be given or I would request, uh, driving to and from work, driving to and from, uh, court ordered DUI classes, uh, and potentially to F3 a most likely request. Uh, so that?s - 1 think that?s - that spea to your question then. That?s where yeah. It - it does. Thank you. Okay, that?ll conclude the interview. Please do not discuss this case with anyone especially potential witnesses to the investigation. Do you understand this? Yes, sir. Pending the outcome of this investigation you shall not talk about or discuss this case or this investigation with any other person or employee except your legal representative. Failure to abide by this order could result in a new and separate allegation of insubordination which if sustained could be cause for termination. Okay, that will conclude the interview at 10:36. The transcript has been reviewed with the audio recording submitted and it is an accurate transcription. Signed OFFICE OF THE SHERIFF Contra Costa County DAVID O. LIVINGSTON Sheriff-Coroner Custody Services Bureau Martinez Detention Division 1000 Ward Street Martinez, CA 94553 (925) 335?4600 Michael V. Casten Undersheriff DATE: November 24, 2016 T0: Lieutenant Connie Sanders, MDF Facility Commander FROM: Sergeant Dennis Curran, MDF Red Teamw SUBJECT: Deputy Spadaro On 11?24-16, was assigned to the Martinez Detention Facility as the custody Sergeant. At approximately 0255 hours, i received a telephone call from Deputy Spadaro. Deputy Spadaro informed me he was arrested in the town of Vacayille for driving under the influence of alcohol. Deputy Spadaro further stated he was recently cite-released and was informing me of this incident to fulfill his obligation of reporting his arrest per policy. Deputy Spadaro also told me he has not been feeling well the past day or so and he was calling in sick for his shift on 11- 24-16 that starts at 0600. I contacted Vacavilie PD and spoke withISgt. Larsen #472 who con?rmed to me that Deputy Spadaro was stopped at approximately 0147' hours on 11-24-16. Soon after, the arresting officer arrested Deputy Spadaro on the charge of CVC 23i52(a). was also given Vacaville PD crime report #16-09199. Sgt. Larsen also informed me that Deputy Spadaro was "Cordial and professional" during this incident and Deputy Spadaro had no ?rearm on his person. Deputy Spadaro was cite-released at approximately 0230 hours. Sgt. Larsen informed me the crime report will be completed within the next 24 hours which will obviously include pertinent details regarding the arrest. OFFICE OF THE SHERIFF Contra Costa County DAVID 0. LIVINGSTON Sheriff Custody Services Bureau Marsh Creek Detention Facility 12000 Marsh Creek Road Marsh Creek, CA 94517 (925) 646-5700 Michael V. Gaston Undersheriff DATE: November 24. 2016 TO: Chris Simmons, Captain, Division Commander FROM: Joshua Patzer, Lieutenant, Marsh Creek Detention Facility Commander SUBJECT: Christopher Spadaro, #67044 Deputy On Thursday. November 24, 2016 at approximately 0230 hours i was contacted by Deputy Christopher Spadaro via the phone. Deputy Spadaro asked me to pick him up at the Vacaville Police Department (VPD). My wife (Chelestina Patzer) and I drove down to the Vacaville Police Department arriving at approximately 0245 hours. I was met in the front parking lot by Deputy Spadaro and VPD Office Corporal Baily. Corporal Baily told me Deputy Spadaro was arrested for a misdemeanor DUI and was being cite released to me. While in the car driving Deputy Spadaro to his house I referred him to Peer Support, Employment Assistance program and to seek representation from the Deputy Sheriffs Association. While in the car Deputy Spadaro contacted the Sergeant on Duty at the Martinez Detention Facility to inform them of his arrest. Deputy Spadaro was dropped off at his house where he went inside and went to sleep. At approximately 0800 hours i picked Deputy Spadaro up at his house to take him to get his personal vehicle out of impound. The tow yard was not able to release the vehicle to us at this time. I again referred Deputy Spadaro to contact the Peer Support group, Employment Assistance program and the Deputy Sheriffs Association. took Deputy Spadaro back to his house and dropped him off. I contacted Captain Simmons and passed on all the information I had. If you have any questions, please call me at- OFFICE OF THE SHERIFF Contra Costa County DAVID O. LIVINGSTON Sheriff-Coroner Custody Services Bureau Martinez Detention Facility 1000 Ward Street Martinez, CA 94553 (925) 335-4600 Michael V. Casten Undersheriff DATE: November 25, 2016 TO: Chris Simmons, Captain, Martinez Detention Facility FROM: Connie Sanders, Lieutenant, Martinez Detention Facility SUBJECT: Deputy Chris Spadaro #67044 On November 24, 2016 at approximately 0308 hours, I received a phone call from Sergeant Dennis Curran regarding the arrest of Deputy Chris Spadaro by Vacaville PD. Sergeant Curran said Deputy Spadaro called in sick for his shift starting today at 0600 hours and he was arrested by Vacaville PD for DUI. Deputy Spadaro stated he had been cite released by Vacaville PD at their station. I contacted you at approximately 0317 hours, and informed you of this incident. On November 25, 201 6 at approximately 1 130 hours, I responded to Delta Station and metwith Deputy Spadaro. I advised Deputy Spadaro he was being placed on paid administrative leave per your memo and told him we needed to collect his firearm, badge, keys and sheriffs identification card. Deputy Spadaro gave me his Sherriff?s Office identification card and advised his badge and firearm were in his locker at the Martinez Detention Facility. Deputy Spadaro told Lt. Andrews he had permission to get the items from his locker at the Martinez Detention Facility. Deputy Spadaro said his work keys were in his vehicle that was impounded after his arrest. He said he would contact Lt. Andrews on Monday, November 28, 2016 and make arrangements to turn them in after he gets his vehicle back. Deputy Spadaro stated he had been in contact with the peer support group prior to my arrival at Delta Station and was seeking counseling. At no time did myselfor Lt. Andrews ask Deputy Spadaro any questions regarding this incident. 1 have requested a copy of Vacaville PD's police report 16?09199 for review. As of today, the report was not yet complete. Lt. Andrews secured Deputy Spadaro?s property including his duty firearm, magazines and badge at the Martinez Detention Facility. i am currently in possession of his Sheriff?s Office identification card and will secure it my first day back to work. I recommend this incident be fonmarded to the Internal Affairs Unit for review of Unbecoming/ Unlawful conduct. Deputy Spadaro is currently still in a LOR for ?that occurred on April 14, 2016. OFFICE OF THE SHERIFF Contra Costa County DAVID 0. LIVINGSTON Sheriff-Coroner Custody Services Bureau Martinez Detention Facility MIChae'V-Casten 1000 Ward Street Undersheri? i? i4553 DATE: November 25, 2016 TO: Christopher Spadaro, Deputy Sheriff #67044 FROM: Chris Simmons, Captain, Martinez Detention Division Commander& SUBJECT: Emergency Personnel Action Effective immediately, you are placed on paid administrative leave. As such, you must make yourself available to the Office of the Sheriff's Managers during normal business hours (Monday through Friday, 8:00 AM to 5:00 PM). You are expected to respond in a timely manner to the Office of the Sheriff if requested during these times. If for some reason you will not be available during these times, you must notify the Division Commander of an alternate means of contact. You are required to surrender your Of?ce of the Sheriff identification card, badge, duty weapon, and keys. I am revoking your peace of?cer powers during the time you are?on administrative leave. In addition, while you are on administrative leave, you are not to enter any of the Of?ce of the Sheriff facilities without the prior approval of the Division Commander. Additionally, commencing November 28, 2016, due to the current circumstances regarding your administrative leave status, you are instructed to contact the respective Superior Court, or party by whom you have been served any subpoena related to your employment with this Of?ce to appear, to advise them that you are unavailable to attend any court proceeding at this time. This process should be completed by the use of the "Sheriff's Of?ce Court Unavailability Declaration Af?davit," with an additional copy provided to the subpoena clerk at the Field Operations Building (FOB). Any future subpoenas requesting your appearance will not be accepted or served until further notice. If you are unsure of your outstanding subpoena appearance dates contact the Subpoena Clerk at the FOB to ensure all notifications are completed. v" it?) ,3 i? i 9? cc: David O. Livingston, Sheriff-Coroner 4 I Michael V. Casten, Undersheri?? IL i Matt Schuler, Assistant Sheriff, Custody Services Bureau ll Mary Jane Robb, Sheriff's Chief of Management Services US Brian Vanderlind, Lieutenant, Professional Standards OFFICE OF THE SHERIFF Contra Costa County DAVID 0- LIVINGSTON Sheriff-Coroner Custody Services Bureau Martinez Detention Facility Michael Casten 1000 Ward Street Undersheriff Martinez, CA 94553 925-335-4601 DATE: November 29, 2016 TO: Michael V. Casten, Undersheriff VIA: Matthew Schuler, Assistant Sheriff, Custody Services Bureau FROM: Chris Simmons, Captain, Martinez Detention Division CommanderQ? SUBJECT: Request for Internal Affairs Investigation: Off-Duty Incident: Deputy Chris Spadaro #67044 This memorandum is in regards to allegations against Deputy Chris Spadaro (currently assigned to the Custody Services Bureau; Martinez Detention Facility) and his involvement in an off-duty incident where he was arrested by Vacaville PD for V6 On Thursday, November 24, 201 6, atapproximately 0147 hours, a Vacaville PD of?cer attempted to initiate a traf?c enforcement stop on Deputy Chris Spadaro (off-duty) in Vacaville after witnessing Deputy Spadaro drive approximately in a posted 35MPH zone. Deputy Spadaro then blacked-out his car and attempted to elude the of?cer in a dark parking lot; Deputy Spadaro?s vehicle displayed only paper plates, but the issued plates were found inside of the vehicle. During the stop, the of?cer determined Deputy Spadaro was driving under the influence of alcohol; Deputy Spadaro was subsequently arrested forVC He refused to perform a PAS test, instead submitting to a blood draw results pending (refer to Vacaville PD report #16- 9199 for further details). Deputy Spadaro contacted the MDF shift supervisor, Sergeant Dennis Curran, and informed him of the arrest and that he would be calling in ?sick" for his upcoming shift (refer to Sergeant Curran?s memo for further details). Deputy Spadaro also contacted Lieutenant Joshua Patzer(as a personal contact) and asked him fora ride home from the police department (refer to Lieutenant Patzer?s memo for further details). Lieutenant Connie Sanders and Lieutenant Steve Andrews served Deputy Spadaro with an Emergency Personnel Action on Tuesday, November 25, 2016, placing him on administrative leave (refer to Lieutenant Sanders? memorandum for further details). Because of the unlawful nature of the allegations against Deputy Spadaro and the totality of his unbecoming and unlawful conduct related to this incident as well as his active Internal Affairs history, recommend this case be forwarded to Internal Affairs for investigation regarding potential violations of Office of the Sheriff Policy and Procedures, sections 1,05,57- Unbecomr'ng Conduct Unlawfui Conduct. Attachments . Vacaville PD report #16-9199 . Memorandum from Lieutenant Sanders . Memorandum from Lieutenant Patzer . Memorandum from Sergeant Curran . Emergency Personnel Action served to Deputy Spadaro IA 2016-078 ADVISEMENT OF RIGHTS You have the right to know the nature of the interrogation prior to any interrogation. You have the right to have a representative of your choice present during this interview, 1] an attorney, 2) an association member, or 3] anyone else not connected with this investigation. You have the right to make your own tape recording of your interview. You will have access to the department?s tape recording of your interview if further proceedings are contemplated or prior to any further interrogation at a subsequent time. Upon completion of the investigation, you are entitled to a transcribed copy of any notes, or to any reports or complaints, except those that are deemed con?dential. You will be questioned by no more than two interrogators at one time during the course of the interview. If this interrogation is occurring during your off-duty time, you will be compensated. This interview session will be for a reasonable period of time, and you will be allowed to attend to your own personal physical necessities. You may request a break at any time. ADMINISTRATIVE A Sheriff?s Of?ce administrative investigation is in progress and it has become necessary to obtain a statement from you. If you cooperate fully at this time, your statements and any evidence arising there from may be used in any and all proceedings arising out of this investigation. As a citizen and an employee of this of?ce, you are hereby advised that if prior to, or during the taking of your statement, this of?ce determines that you may be charged with a criminal offense, the proceeding will be stepped. You will then be advised of your Constitutional rights and given an opportunity to obtain legal counsel. If you decide not to give a statement at this time, you are now ordered, as an employee of this of?ce, to answer all questions asked by investigators and to give a full, detailed and complete statement regarding your knowledge of or involvement in the matter now under investigation. Although you have a right to silence in a criminal investigation, this is not a criminal investigation, but an administrative hearing. You are now being ordered to answer all questions under the compulsion of the threat of disciplinary action and having been so ordered, any statements that you make cannot be used against you in any criminal proceeding. Your ?tness to remain employed by this of?ce is the object of this portion of the investigation and you are hereby directed to cooperate fully with investigators so that a decision on your job status may be made as soon as possible. If you fail to comply with this order, you may be dismissed from your employment with this of?ce on the grounds of willful disobedience and insubordination. Assuming that you now comply with this order and cooperate fully in this investigation, your statements and any evidence obtained through such statements will be used, as to you, solely to determine whether the Sheriff?s Of?ce disciplinary action is necessary. False statements, of course, will result in severe disciplinary action, up to and including dismissal. IF YOU HAVE ANY QUESTIONS CONCERNING YOUR RIGHTS OR THE ADMONISHMENT, YOU MAY ASK THEM NOW. I have read the above admonishment order and die standardized advisement of rights. I fully understand my rights and duties in this investigation. g6? Employee Signature Investigator Signature thtat .6390 i??w ypresentative Sigriature Investigator Signature Date: Time: {0103 OFFICE OF THE SHERIFF Contra Costa County DAVID O. LIVINGSTON Sheriff?Coroner Internal Affairs 651 Pine StreetI 11?1 Floor Martinez. Callfomia 94553 Michael V. Casten Undersheriff Date: December 1, 2016 To: Deputy Christopher Spadaro #67044 From: Sergeant Douglas Muse, Internal Affairs bit/i Subject: Notice of Administrative Inquiry: Internal Affairs Case 2016-078 This notice is to advise you of an Administrative Inquiry that is underway and you are a subject of the investigation. It is alleged on November 24, 2016, you were arrested and booked by Vaca ville PD for Driving Under the influence. The conduct you are accused of is in violation of Sheriff?s Office Policies, 1.05.57 Unbecoming Conduct Unlawful Conduct and 1.05.57 Unbecoming Conduct Disrepute. In accordance with policy, the matter was referred to Internal Affairs for further review. It is the policy of this agency to conduct a thorough. independent investigation of a_l policy and law violations involving our employees. (Government of Los Angeles v. Superior Court (Labio) 1997 57 Cal. App 4m 1506) You are to report to 651 Pine Street 11?h Floor, Martinez, California 94553 for an interview on a date and time to be determined. I urge you to review any documents associated with this incident. It is your right. as a subject of?cer in this investigation, to have representation during the interview process. Pending the outcome of this investigation, you shall not talk about, or discuss this case or any aspect of this investigation with any other persons or employees, except your legal representative. Failure to abide by this order could result in a new and separate allegation of lnsubordination, which if sustained. could be cause for termination. You have the right to have a representative of your choice present during this interview, 1) an attorney, 2) an association member, or 3) anyone else not connected with this investigation. (Government Code 33030)) You have the right to make your own audio recording of your interview. (ev 3303(9)) You will have access to the department?s audio recording of your interview it further proceedings are contemplated or prior to any further interrogation at a subsequent time. my 3303 notion LPN renal-4w Upon completion of the investigation, you are entitled to a transcribed copy of any notes, or to any reports or complaints. except those that are deemed confidential. (ev 3303 You will be questioned by no more than two interrogators at one time during the course of the interview. (GV 330303)) If this interrogation is occurring during your off-duty time, you will be compensated. (ev 3303(a)) The interview session will be for a reasonable period of time, and you will be allowed to attend to your own personal physical necessities. You may request a break at any time. (CW 3303 (an Please acknowled recei of this notice via email, addressed to me or by telephone. You may call me at?nytime during normal business hours if you have any questions. t, punts-.51.- i- Att?'t?xrm tr 1 i new: OFFICE OF THE SHERIFF Contra Costa County DAVID O. LIVINGSTON Sheriff-Coroner Internal Affairs 651 Pine Street, 11th Floor Martinez California 94553 Michael V. Casten Undersheriff Date: December 9, 2016 To: Deputy ChristOpher Spadaro #67044 From: Sergeant Douglas Muse, Internal Affairs Subject: Notice of Administrative Inquiry: Internal Affairs Case 2016-078 This notice is to advise you of an Administrative Inquiry that is underway and you are a subject of the investigation. It is alleged on November 24, 2016, you were arrested and booked by Vacavr'lle PD for Driving Under the In?uence. The conduct you are accused of is in violation of Sheriff?s Of?ce Policies, 1.05.57 Unbecoming Conduct Unlawful Conduct and 1.05.57 Unbecoming Conduct Disrepute. In accordance with policy, the matter was referred to Internal Affairs for further review. It is the policy of this agency to conduct a thorough, independent investigation of policy and law violations involving our employees. (Government of Los Angeles v. Superior Court (Labio) 1997 57 Cal. App 4?0 1506) You are to report to 651 Pine Street 11th Floor, Martinez, California 94553 for an interview on December 13, 2016 at 0930 hours. I urge you to review any documents associated with this incident. It is your right, as a subject of?cer in this investigation, to have representation during the interview process. Pending the outcome of this investigation, you shall not talk about, or discuss this case or any asnect of this investigation with any other persons or employees, except your legal representative. Failure to abide by this order could result in a new and separate allegation of lnsubordination, which if sustained, could be cause for termination. You have the right to have a representative of your choice present during this interview. 1) an attorney, 2) an association member, or 3) anyone else not connected with this investigation. (Government Code 33030)) You have the right to make your own audio recording of your interview. (GV 3303(9)) You will have access to the department?s audio recording of your interview if further proceedings are contemplated or prior to any further interrogation at a subsequent time. (GV 3303 HONOR I FASH- ?ten?HP TEJKMWORK Upon completion of the investigation, you are entitled to a transcribed copy of any notes, or to any reports or complaints, except those that are deemed confidential. (GV 3303 You will be questioned by no more than two interrogators at one time during the course of the interview. (GV 3303(b)) If this interrogation is occurring during your off-duty time, you will be compensated. (GV 3303(3)) The interview session will be for a reasonable period of time, and you will be allowed to attend to your own personal physical necessities. You may request a break at any time. (ov 3303 Please acknowled recei of this notice via email, addressed to me or by telephone. You may call me at?eny?me during normal business hours if you have any questions. curt-:17: Lemur-.5 tbi Contra Costa County 1? i .- . NUNLBER: 1.05.70 Of?ce Of the Sheriff RELATED ORDERS: . County Employee Retirement Law of 1937; General and Procedure County Personnel Management Regulations; County Merit System Ordinance; 1.04.64. ISSUE DATE: 2-1?2006 CLEARANCE: REVISION DATE: 4-5-2016 Office of the Sheriff CHAPTER: SUBJECT: Personnel Management and Employment Personnel Management Regulations Relations I. POLICY. A. The effective and ef?cient operation of the Of?ce of the Sheriff requires that employee behavior conform to Of?ce of the Sheriff standards. Occasionally, positive actions to correct unacceptable behavior fail or the unacceptable behavior is such that use of the Corrective Counseling System is inappropriate. The Of?ce of the Sheriff uses the County Personnel Management Regulations in these cases to modify unacceptable behavior. II. DEFINITIONS. A. ADMINISTRATIVE APPEAL. An administrative appeal allows the employee to meet with the Sheri? for the pinpose of discussing an administrative decision affecting the employee. CAUSE OF ACTION REPORT. A report from supervisory personnel that identi?es Speci?c causes for disciplinary action against an employee. COUNTY. The County of Contra Costa. DEMOTION. The reclassi?cation of an employee to another position in a class having a lower salary allocation at the tOp step than the class previously occupied by the employee. DIRECTOR OF PERSONNEL. The person designated by the County Administrator to serve as the Assistant County Administrator?Director of Personnel. EMERGENCY PERSONNEL ACTION. An emergency personnel action is warranted when the Sheriff or designee has reliable information regarding an employee's recent or potential behavior which would cause that Manager to have a reasonable concern for the welfare or safety of the public, the employee, or other employees. An emergency personnel action may involve assignment to a Temporary Modi?ed Duty, Leave of Absence with Pay, or assignment to a speci?c work station. MERIT BOARD. The Merit Board of Contra Costa County. PERMANENT STATUS. Appointment to a position which must be con?rmed by successful completion of the probationary period speci?ed for the class. County Employee MOU California Civil Code 1094.6; REDUCTION. The lowering of an employee's compensation level within their current salaIy range. REPRIMAND. A formal written notice to the employee infomiing him/her that his/her performance and/or behavior must improve. 1. Used when counseling or other non-disciplinary methods have not worked. a. Tells the employee what future disciplinary action will occur if there is no improvement. b. De?nes the area where improvement is needed. o. Is placed in the employee's personnel ?le. 2. Letters ofReprirnand are subject to the Grievance Procedure as outlined in the Memoranda of Understanding. REVOCATION OF POLICE POWERS. It may be necessa1y for the Sheriff or designee to temporarily suspend the police powers of a sworn employee. The employee is served with a document indicating that the of?cer's police powers (per Section 830 PC, et. seq.) have been suspended, and revoking authorization for Office of the Sheriff issued weapons, ID card and badge. 111. GENERAL. A. PERSONNEL MANAGEMENT. The County Merit System Ordinance and Personnel Management Regulations provide that tenure of employees shall be awarded for good behavior and the rendering of ef?cient service. The regulations also provide that the Sheriff may dismiss, suspend, demote or reduce in compensation any employee for cause. When the use of the Corrective Counseling System is inappropriate, or the employee has failed to correct unacceptable behavior while in the system, the Personnel Management Regulations will be utilized. 1. Cause. The following list of causes are suf?cient for the utilization of the Personnel Management Regulations. The list is indicative of causes that may result in dismissal, suspension, demotion or reduction in compensation. However, it is not all inclusive and other unspeci?ed causes may result in such action. a. Absence without leave. b. Excessive or unexcused absenteeism and/or tardiness. c. Neglect ofduty. d. incompetence or inef?ciency. e. Disorderly or immoral conduct. f. Being at Work under the influence of liquor or drugs, carrying liquor or drugs during work hours and/or on County premises. g. Conduct tending to bring the Merit System into disrepute. h. Conviction of any criminal act involving moral turpitude. i. Negligent or willful damage to public property or waste of public supplies or equipment. it. of County funds or property. Dishonesty or theft. Violation of any reasonable policy or procedure or lawful order given by a Supervisor. lnsubordination. Unreasonable failure or refusal to undergo any physical, medical and?or examination and/or treatment authorized by County regulations. Material and intentional nnsrepresentation or concealment of any fact in connection with obtaining employment. Willful violation of any of the provisions of the Merit System Ordinance or Personnel Management Regulations. Sexual Harassment. Skelly Requirements. a. Before taking action to dismiss, demote, reduce compensation, or suspend an employee for more than 40 work hours (48 hours for 24 hour shift employees), the Sheriff shall direct the service of a Notice of Proposed Action, either personally or by certified mail with a return receipt requested. The notice shall contain the following: A statement of the action proposed to be taken; A copy of the charges including the acts or omissions and grounds upon which the action is based; - If it is claimed that the employee has violated a rule or regulation of the County, Office of the Sheriff or district, a copy of said rule shall be included with the notice; 0 A statement that the employee may review and request copies of materials upon which the preposed action is based; and . A statement that the employee has seven (7) calendar days to respond to the Sheriff, either orally or in writing. The employee who has been served with a Notice of Proposed Action has seven (7) calendar days to respond to the Sheriff, either orally or in writing, before the proposed disciplinary action may be taken. Upon application and for good cause, the Sheriff may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or any extension granted, the right to respond is lost. Pending employee reSponse to a Notice of Proposed Action, the Sheriff may place the employee on temporary leave of absence with pay, for cause Specified in writing. Dismissal, Suspension, Demotion or Reduction in Compensation. After complying with applicable Skelly requirements, the Sheriff shall issue an order in writing stating speci?cally the causes for the action. E1. The order shall be ?led with the County Human Resources Director after service on the employee. The ?led order shall list the date served, by whom served, and whether it was served personally or by the US. Postal Service via certi?ed mail with a return receipt requested. The employee may, within ten (10) calendar days after personal service or receipt of the order, appeal in writing through the County Director of Human Resources to the Merit Board, or the employee may waive in writing to the County Director of Human Resources his/her right of appeal to the Merit Board in favor of appeal rights under a speci?c grievance procedure. SuSpension Without Pay Due to Pending Criminal Charges. 21. The Sheriff, upon giving notice as provided in 33. above, may immediately suspend an employee against whom there is a pending criminal charge which adversely affects the County service or con?icts with continued employment. Such suspension lasts until the Sheriff has knowledge of a disposition on the charges. Pending criminal charges exist when an employee has been arrested or has been named a defendant in a criminal complaint or indictment filed in any court. To suspend an employee due to pending criminal charges, the Sheriff shall serve on the employee, either personally or by certi?ed mail with a return receipt requested, a Notice of Suspension Due to Pending?Crimjnal Charges. The notice shall contain: 0 A statement that the employee is suspended due to pending criminal charges; 0 A statement of the charges upon which the suspension is based and of the facts by which such charges adversely affect the county service or con?ict with continued employment; 0 A statement that the employee may respond to the Sheriff either orally or in writing within seven (7) calendar days; and - A statement that disciplinary action may be taken after disposition of the charges. The Notice of Suspension Due to Pending Criminal Charges may include a Notice of Proposed Action (Skelly Notice). The Merit Board may order lost pay restored for good cause, Subject to the employee's duty to demonstrate damages, but not if the employee: Is given a Notice of Proposed Action (Skelly Notice); and Is dismissed or otherwise disciplined for cause directly related to the charges within 14 calendar days after the Sheriff has knowledge of a disposition of the criminal charges. - A criminal conviction expunged by the court under Penal Code Section 1203.4 may be used during an administrative hearing (Adams v. County of Sacramento). e. A criminal conviction based upon a plea of ?nolo contendere? (no contest) may not be used during an administrative hearing (County of Los Angeles v. Civil Service Commission [Craig Calzada], 39 Cal.App.4th, 256). 5 . County Merit Board Hearing/Rehearing. The following is a brief summary of some of the provisions in the County Personnel Management Regulations for an employee appeal of a dismissal, suspension, demotion or pay reduction. at. The Merit Board shall, within 20 days from the filing of an appeal, determine whether to take jurisdiction of the matter for a hearing. If a hearing is granted, the appellant is entitled to appear personally, produce evidence and to have counsel and a public hearing. b. Within 30 calendar days after the Merit Board certi?es its decision to the Sheriff and at the request of a party or on its own motion, the Merit Board may order a rehearing to: 0 Hear new evidence not known or available with reasonable diligence at the time of the hearing; and - Rectify any obvious mistake of law or obvious injustice not known at the time of the hearing. 6. Separation of Probationary Employee. A probationary employee may be rejected from the service at any time during the probation period Without regard to the Skelly provision of these rules. The following administrative guidelines apply to the rejection of probationary employees. a. Written notice of rejection must be given not later than the last day of the probationary period. The notice must be served on or before its effective date, otherwise the employee is entitled to the same due process afforded a permanent employee. b. Probationary employees are entitled to an administrative appeal to the Undersheriff. EMERGENCY PERSONNEL ACTIONS. 011 occasion, unusual or inappropriate behavior on the part of Office of the Sheriff employees may require Of?ce of the Sheriff Managers to take immediate personnel action to provide for the safety of individuals or security of Of?ce of the Sheriff facilities. The guiding principle of IV. PROCEDURE 1. A. this section is to provide employees with a safe, secure working environment and to minimize disruption of service to the public. I. Recognizing the Need for Action. E1. Emergency action under this section is warranted under the following general circumstances. 0 An overt act by an employee which may be illegal or may represent such a serious breach of Office of the Sheriff Policy that the Sheriff or his designee has a reasonable concern for the safety of individuals or security of Of?ce of the Sheriff facilities. . Unusual behavior or statements attributed to the employee which tend to indicate instability, or present a potential danger to the safety of self or others. This may include threatening statements attributed to the employee, or statements indicating severe depression or illogical thought processes. This unusual behavior may or may not require taking the employee into protective custody under Welfare Institutions Code Section 5150. In either case, it is imperative that a supervisor or fellow employee remain with the agitated employee until he/she receives medical attention at a designated facility, or until the arrival of someone else in the employee?s trust to care for himx'her (Le. family member, friend, clergy, etc). The emergency action should be taken by the highest available command level Manager depending on the time or occurrence. Ideally the employee?s Bureau Assistant Sheriff should be involved; if unavailable, the Station, Facility, or Divisio Commander shall be contacted. INSTITUTJNG THE PERSONNEL MANAGEMENT REGULATIONS. When a Supervisory, Command, or Management person believes cause exists to institute the use of the Personnel Management Regulations above a Letter of Reprimand, a Cause of Action Report shall be prepared. Letters of Reprimand Only require a Cause of Action Report if there is no investigative report such as an LA. report prepared to support the Letter of Reprimand. 1. Cause of Action Report. 3 . The Cause of Action Report will be prepared on of?cial memo stationery by the Supervisory, Gourmand or Management personnel concerned. The report will be directed to the Sheriff via the Undersher?iff. The subject line of the memo shall include the following: 0 Cause of Action Report; 0 Speci?c causes of action; violation of rules, failure to nrodify unacceptable behavior, etc; and cc: 0 Identity and position/title of the employee involved. The body of the report shall include an objective, thorough description of speci?c details of violations alleged andlor of failure to modify unacceptable behavior. The report must be complete, concise and suf?ciently in depth to establish a Cause of Action. It should include personal observations but not judgments, witness statements and interviews with the person(s) who is the subject of the report. Other additional statements from individuals having loiowledge?of incidents or events contn'buting to the Cause of Action should also be included. Documentary information supporting the Cause of Action shall be attached and become part of the Cause of Action Report Following the body of the report the following acknowledgment is to be inserted. acknowledge I have read, or have been given the opportunity to read, the contents of this report." Signature Date Employees subject to action shall be given a cepy of the Cause of Action Report and the opportunity to respond in writing within ?ve working days if such response is not already included in the report. Within this time period the employee may also request to meet with the Division Commander in person to review the facts of the Cause of Action Report. Upon completion of the report and attachments, employees subject to the action shall be requested to read the report and sign the acknowledgment. If the employee refuses to sign the acknowledgment and/or refuses an opportunity to read the report, the Supervisory, Command or Management person instituting the action will note the refusal immediately below the acknowledgment. Processing Cause of Action Report. a. The completed Cause of Action Report shall be forwarded immediately to the supervisor of the Supervisory, Command, or Management person instituting the action. The immediate Supervisor shall, upon receipt of the report: I Review the Cause of Action Report and may: I- Direct any necessary additional investigation at his/her command/management level. 0 Recommend the internal Affairs Detail conduct an investigation. The Sheriff or the Undersheriff may direct an Internal Affairs Detail investigation. - Report immediately below those previously submitted. V. 0 Forward the Cause of Action Report to the next immediate Supervisor in the chain of command. 0 Step (13) above shall be repeated as necessary to ensure the Cause of Action Report is received by the Sheriff within five (5) business days of initiation. - For proposed action above a Letter of Reprimand, the Bureau Assistant Sheriff shall schedule a Cause of Action conference (Round Table) after consulting with the Undersheriff. PROCEDURE 2. EWRGENCY PERSONNEL ACTION. When during times other than regular business hours, (weekdays, Monday - Friday, 8am - 5pm) it becomes apparent that emergency personnel action may be necessary, the Bureau Assistant Sheriff or designee shall ensure the steps below are followed. During regular business hours, except for good cause, the Undersheriff will be fully briefed before taking actions set forth in Sections 2, 3, or 4 below. A. VERIFICATION. 1. Prior to taking action, the Bureau Assistant Sheriff should take immediate steps to verify that emergency action is warranted- 2. In certain instances, a verbal or written report by a medical or consultant will be suf?cient cause for emergency action. In other cases, the Bureau Assistant Sheriff or designee should interview the employee to be impacted by the emergency action. 3. In no event should an unconfmned rumor or hearsay be the sole cause for an emergency personnel action. ACTION. Depending on the information available and the seriousness of the employee's actions or behavior, the following actions should be taken by the Division Commander or designee: 1. Immediately ordering the employee to be seen by an on-call therapist from the Department?s Employee Assistance Program provider, and having the employee observed or monitored until he/she can be seen by the Placing the employee on "Temporary Leave of Absence with Pay? by completing an AK 183 and having the employee sign the document; or Having the employee report to a work location where supervision can be provided. This could involve an emergency change in shift schedule of the employee. Revoldng the police powers of the employee and collecting duty weapon, other safety equipment, badge and ID. The Division Commander shall maintain temporary possession of the equipment. The Division Commander will return the equipment to the Training Unit in the event the employee is terminated. a. The seriousness of placing an employee on Leave of Absence, revolting police power and/or taking the employee?s weapon should not be underestimated. Good judgment and timely consultation with Cornrnand Staff is imperative. DOCUMENTATION AND The procedures described in this Policy are for a short term, immediate response to an emergency personnel issue. The Bureau Assistant Sheriff will be responsible for follow?up, notification and documentation. 1. The Bureau Assistant Sheriff will report the emergency action taken to the Undershen'ff as soon as practical, including all documentation and copies shall be sent to the Chief of Management Services. 2. The Division Commander will continue to monitor the employee?s status on a day?to?day basis until a decision is made regarding any permanent action or return to duty. VI. PROCEDURE 3. A. DISABILITY DUE TO FACTORS. 1. Upon submission of medical veri?cation indicating that the employee is unable to perform the job due to factors and must take leave from work, the employee?s peace officer powers will be revoked and his/her duty weapon, other safety equipment, badge and ID card, will be collected and held by his/her Division Commander until the employee is cleared to return to full duty. 2. The Division Commander will return the equipment to the Training Unit in the event the employee resigns, retires or is terminated. VII. PROCEDURE 4. A. CAUSE OF ACTION CONFERENCE (ROUND TABLE). All Cause of Action memo?s will be reviewed by the Undersheriff, who will determine on a case?by case basis if a Cause of Action conference is necessary. The Cause of Action conference will be comprised of the Sheriff, Undersheriff, appropriate Bureau Assistant Sheriff, Division Commander, Internal Affairs representatives, and such other persons as the Sheriff shall determine on a case- by-case basis. This Cause of Action conference will review the Cause of Action Report and any other supporting documents such as IA. Investigative reports to ensure the discipline is timely, proper and fair. This Cause of Action conference will be held prior to a ?nal recommendation or endorsement by the Undershen'ff to the Sheriff, except letters of reprimand, which are the responsibility of the Undershen'ff to review. PROCEDURE 5. A. SHERIFF. The Sheriff upon receipt of a Cause of Action Report for merit system placement above a Letter of Reprimand will: 1. Review the Cause of Action Report; 2. Fully discuss the matter with the appropriate Bureau Assistant Sheriff and the Undersheriff; and a. Based on the recommendations, during the Cause of Action conference determine the proper course of action which could include: Closing the issue based on available information; Retum the matter to the Bureau Assistant Sheriff via the Undershen'ff to be handled in the Coneetive Counseling System; Return the matter to the Bureau Assistant Sheriff via the Undersheriff to issue a Letter of Reprimand to the employee and place it in the employee's ?le; or Dismiss, suspend, demote or reduce compensation to the employee. Contra Costa County Of?ce of the Sheriff w. w? . .c'v General Policy and Procedure .- Lam. - ?mu-uh w. i - .- 'm'm?m mun-nu 4-. . u- NUMBER: 1.05.57 RELATED ORDERS: 1.05.33, 1.05.58, 1.05.28. ISSUE DATE: 2-1?2006 CLEARANCE: REVISION DATE: Office of the Sheriff . CHAPTER: SUBJECT: Personnel Management and Employee Unbecoming Conduct Relations um 4?uimmhl: 1 amur .. A I. POLICY. A. The public has placed its trust in the Office of the Sheriff to administer an honest effective law enforcement agency. The Office of the Sheriff embraces the public trust and recognizes that effective law enforcement would be severely hampered if such trust were lost. The Office of the Sheriff also recognizes that this public trust can only be retained through the efforts of all employees. Therefore, employees shall conduct themselves in a manner both on duty and off duty that will not discredit or reflect poorly on the Office of the Sheriff. GENERAL. A. UNACCEPTABLE CONDUCT. .1. By accepting employment with the Office of the Sheriff, safety and general employees alike are accepting a higher standard of conduct than is found in other government service. We must be aware that our actions on and off duty are subject to scrutiny and re?ect on the entire Office of the Sheriff. An employee?s behavior may be considered unbecoming conduct if it would normally be viewed with disfavor by the community we serve. 2. The following is a list of unacceptable conduct. Each item may be sufficient grounds for utilization of the Corrective Counseling System or the Personnel Management Regulations. The list is not all inclusive and other unspecified conduct may also result in action by the Office of the Sheriff: a. Unlawful Conduct: Employees will strictly observe all provisiohs of the law in both their public. and private affairs and will at all titties conduct themselves in accordance with all legal mandates. h. Abuse of Authority: Employees will not abuse the authority granted them by virtue of their employment, nor take improper actions through "color of authority." ?Coiled adt-ns Morton 0933:) 11'] . Rule Violations: Employees will not violate any County or Office of the Sheriff policies, procedures, orders, directives or regulations. Treatment of Public: Employees will treat all members of the public with respect and courtesy and will refrain from abusive and derogatory conduct and/or profane or in?ammatory language. Insubordination: Failure or deliberate refusal of an employee to obey a lawful order given by a Supervisor or Manager shall be insubordination. Ridiculing a Supervisor or Manager or hisfher orders, whether in or out of their presence, is also insubordination. Disruption of Operations: Acts or omissions contrary to good order. Misuse of Equipment: Negligent or willful damage to public property or waste of public supplies or equipment. Incompetence or Inefficiency: Failure or inability to adequately complete proPerly assigned tasks or failure to undertake required obligations. Cowardice: Deputies of the Office of the Sheriff shall not diSplay cowardice or fail to support other peace officers in the performance of duty. Misuse of Sick Leave: Abuse or excessive use of sick leave. Subversive Organizations: No employee shall knowingly become a member of or become connected with any subversive organization. The Sheriff may authorize exceptions, when necessary, for a law enforcement function. Outside Associations: No employee shall knowingly maintain outside associations that jeopardize the security or integrity of the Office of the Sheriff or bring discredit to the law enforcement profession. Personal Relationships: Employees will not allow their personal relationships to interfere with Office of the Sheriff business or the performance of their assigned duties. Additionally, fraternization with persons in custody, arrestees, detainees, criminal defendants or other persons the employee has had an enforcement contact with, is prohibited. Indebtedness: Employees shall manage their debts in a manner that will not reflect poorly on their position with the Office of the Sheriff. They shall avoid situations where creditors are seeking legal judgments or garnishment of their salaries. Other: Any conduct which tends to bring the County or the Office of the Sheriff into disrepute.