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Partner Jennifer Rosner And Associate Attorney Jackie Lee Defeat Correctional Sergeant’s Termination Appeal
A County’s correctional sergeant conducted a “nighttime” firearms qualification for a group of sworn officers at approximately 1:00 p.m.—well before dusk—despite his knowledge that this qualification must be conducted under low-light conditions. The sergeant completed and distributed qualification forms to the officers that indicated: the tests occurred at 5:00 p.m.; and that one officer had qualified with a shotgun, even though that officer had not. The County’s Sheriff’s Department investigated and terminated the sergeant. The sergeant appealed.
The sergeant admitted during the hearing that he knowingly entered false information on the forms, but claimed he was intimidated by a higher-ranking officer who needed the nighttime qualification. The sergeant retained the originals of the forms and made no effort to disclose the falsification until his supervisors questioned him the following day.
The hearing officer decided that the County met its burden of proving that sergeant was intentionally dishonest with the purpose of inducing reliance, including by distributing the falsified forms to sworn personnel. The decision also found the sergeant’s explanations and claimed intent to later disclose the issue were not credible. The penalty of termination was reasonable given the seriousness of the misconduct, the sergeant’s supervisory rank, and his failure to take responsibility. The hearing officer concluded that the dishonesty undermined public trust and internal integrity, and justified dismissal under the governing Memorandum of Understanding.