COVINA - An appeals court has upheld a decision that the
Covina Police Department acted properly when it fired an
officer for tapping into a criminal records database and
releasing the information publicly.
The unanimous ruling of the 2nd District Court of Appeals
panel came down Oct. 11, and the court decided to publish the
opinion on Wednesday.
Richard M. Kreisler of the law firm Liebert Cassidy Whitmore,
which represented the city, said the court's decision to
publish the case could be significant for local law
enforcement agencies.
"In a police department, one of the jobs of a sergeant is to
provide training and counseling to officers," Kreisler said.
"That duty could be negatively impacted if each time you need
to have a conversation you have to wait for an officer to have
a representative present."
Officer Stephanie Steinert was fired from the Covina Police
Department after a meeting she had with her commanding
officer, Sgt. John Curley, in July 2003.
In September 2004, Steinert filed a lawsuit to overturn her
termination on the grounds that the statements she made to the
sergeant should have been suppressed under the Public Safety
Officers' Procedural Bill of Rights Act.
The law provides certain protections for officers when they
are questioned by a supervisor, including the right to have a
legal representative at the interview when the officer faces
disciplinary action.
Steinert, according to Kreisler, accessed a computer database
and downloaded background information on man who was suspected
of vandalizing a car. She then shared the information outside
of the department.
"A woman came to the department to file a vandalism report
because someone had keyed her car," Kreisler said. "And the
officer shared the man's rap sheet information with the
woman."
Steinert's attorney, Michael A. McGill, did not return phone
calls Thursday.
Kreisler said that Steinert told her sergeant she did not give
the woman any information about suspect's past. However, the
woman later said the officer did share with her information
about the suspect.
"An issue was immediately created when the officer had been
dishonest," Kreisler said, "and from that point an internal
investigation commenced that led to disciplinary action."
Kreisler said the court decided the officers' Bill of Rights
did not protect Steinert.