VENTURA COUNTY SHERIFFS DEPARTMENT
8OO SOUTH VICTORIA AVENUE, VENTURA, CA 93009
November 15. 1983
Deputy Scott Shaw
7019 Aldea Avenue
Van Nuys, CA 91406
Dear Deputy Shaw:
On October 24, 1983, you were personally served with a written notice of proposed termination from your position of Deputy Sheriff. Alter carefully considering your oral response on November 10, 1983, I have decided that it is appropriate to proceed with the action terminating you effective at the end of your regular work shift on November 15, 1983.
This action is based on the following listed grounds;
1. Violation of Sheriff’s Manual, Section 306 (Any member of the department who shall, in the performance of his official duties...acts in a manner to bring discredit upon himself or the department, or who fails to assume responsibility or exercise diligence, intelligence and interest in the pursuit of his duties may be deemed incompetent and shall be subject to appropriate disciplinary action).
2. Violation of Sheriffs Manual, Section 329 (False Information in Records and Untruthfulness),
3. Violation of Sheriff’s Manual Section 314(a) (Duty to give statement during official investigation; During the course of any official investigation by this department, any member shall be required to give a full, complete and truthful statement if requested).
4. Violation of Ventura County Personnel Rules and Regulations, Section 2105, and Ventura County Ordinance Code Section 1345-126.96.36.199 (Causes for disciplinary action are as follows... incompetency, inefficiency, dishonesty, ... or any other failure of good behavior or acts which are incompatible with or inimical to the public service).
5. Violation of Ventura County Sheriff’s Department General Order #24 (Custody and Control of Evidence).
The above grounds are based on the following acts or omissions:
1. On June 24, 1983, at 2200 hours you prepared a report documenting an arrest made earlier in the evening. In that report you misstated the sequence of events leading up to the arrest.
a. On June 30, 1983, at 2330 hours, you prepared a report documenting an arrest made earlier that evening In that report you knowingly misstated your probable cause for the initial vehicle stop. You knowingly gave a false description of the physical evidence and you knowingly misstated the sequence of observation of symptoms and administration of the field sobriety tests.
3. On July 22, 1983, you participated In an interview and survey of the sites Involved. During this interview you justified the errors and misstatements In your reports by claiming you were “high” on marijuana from a smouldering pipe.
4. On July 26, 1983, during a meeting with Senior Deputy Lazz, you stated, “I want to be 100% honest with you, I okeedoked the report, it wasn’t because I was high.”
5. On August 2, 1983, during an interview with Senior Deputy Lazz you again stated that you were under the influence of marijuana smoke.
6. On September 23, 1983, during an interview with Senior Deputy Lazz you changed details of your observations and actions during the Redford arrest. You also stated that you now felt that the “vapors” which you had believed come from the marijuana may have come from the air conditioner.
7. On June 30. 1983, after collecting evidence pertinent to arrest 83-36973, you placed such evidence in a common locker in the “D” area briefing room rather than the night evidence locker provided.
As you will recall, on December 28, 1981, a complaint was initiated against you alleging violations of Section 334 of the Sheriff’s Manual (unnecessary force against a prisoner). Section 329(2) of the Sheriff’s Manual (false statements to superior officers when questioned, Interviewed or In submitting reports), and Section 5203 of the Personnel Rules and Regulations (failure of good behavior or other act which is inimical to the public service). That complaint was determined to be founded,
In addition, on January 2, 1982, a complaint alleging excessive force against an Inmate (Section 334 Sheriff’s Manual) was filed, This complaint was also determined to be founded. You received a 20 day suspension and mandatory psychological counseling as collective discipline for the combination of these founded complaints.
You have been counseled by your supervisors in the past reference your credibility and actions towards arrestees. In particular, your evaluation dated January 2, 1981, stated, “Deputy Shaw at times has a tendency to make more of a situation than is warranted by the facts.” On December 7, 1981, your next evaluation stated in part, “Tends ‘to blow things out of proportion ... making something out bigger then It actually is,” and “needs to improve handling of inmates, as he tends to come on too strong with them at times.’ Your most recent evaluation dated January 10, 1983, noted, “His credibility among his peers and supervisors is greatly lacking. It is felt his account of a situation cannot be relied upon.”
The above facts show a continuing pattern, of untruthfulness in reports and in dealing with supervisors and investigators. You have not responded to counseling or to mandatory psychological counseling provided by the department. Your continued conduct in this manner has resulted In your credibility being destroyed in the eyes of your peers and your supervisors. Such a lack of credibility brings discredit on yourself and the department and renders you incompetent to perform as a Deputy Sheriff.
You have the right to appeal this action by filing a written petition with the Civil Service Commission within ten (10) days of the effective date of this disciplinary action. The petition should be addressed to the Civil Service Commission, Ventura County Government Center, 800 South Victoria Avenue, Ventura, CA 93009. A copy of the petition should, be sent to the Personnel Director at the same address.
Very truly sours,
AL. JALArv. SHERIFF