Is There a Cost to Pursuing Your Rights? And What is the Cost if You Don’t?
by Dawn Morabe
When, or if, you find yourself in this position, I guarantee that it is one in which deliberation is necessary. I have walked alongside many deputies that have found themselves in this position. This article is based on the personal situation one deputy experienced and the process of answering these two important questions. I write this article in the hope we can all become more compassionate about this difficult process.
We begin this career and then quickly realize it is one with endless training and scrutiny. Starting with an academy, and then every day thereafter, we report for duty. Drilled into our consciousness is the requirement of being honest and having strong moral principles. We must always do what is right! We stand up against injustice. We strive to adhere to that requirement knowing that integrity must govern our every choice and action. It must be inherent in who we are, and it must guide us. The simplicity of this seems that it would never pose a difficult question for us. But what happens when it does?
You make many decisions, some in just a micro-second, and you do this without any forethought of malice. Even so, you can find yourself notified that you are the subject of an investigation. You face scrutiny and even discipline for your decisions. You will be held responsible for any non-compliance to policies, procedures, and the law. If your decisions or actions were deemed to have been in violation to any of the governing requirements, you must take responsibility and accept your discipline. This has been part of our core training and thought process. We have always been told: be honest, take responsibility for your actions, take your penance, and be professional and your career will survive. We do that and hope that in doing so we will have future opportunities to grow in our careers.
But what if you find yourself in a precarious situation in which you believe you are being wrongly or unfairly investigated and judged? What if there are facts omitted in the investigation which would have either changed the findings of the investigation, or the discipline recommendations? What if you believe the investigation wasn’t fair, honest, impartial, or absent of animus? Just as deputies can make mistakes, so can a department. You have the legal right to appeal, but should you pursue it? So, this begins your internal dialogue. Is there a cost to pursuing your appeal rights? And what is the cost if you don’t?
Some deputies have found themselves in this situation. This is about one deputy who experienced this difficult dilemma. The deputy felt alone, which was validated by some of the deputy’s partners and supervisors distancing themselves. The feeling of isolation continued to intensify the longer the process continued. The deputy could only discuss the investigation with the Legal Representative and the Attorney. Yet the decision to appeal was the deputy’s alone. There are two levels of appeal post discipline decision: a Skelly Hearing and a Civil Service Commission Hearing.
Most assuredly, there were some miscalculations pertaining to this deputy’s investigation. The deputy moved forward on appeal and lost at the Skelly Hearing. Next question for this deputy was, “Do I appeal to the Civil Service Commission?” This means that the hearing is conducted by a Commission not within the department. This deputy immediately started asking, “Should I move forward? Will I create irrevocable damage to my reputation within the department? What will happen if I expose mistakes, omissions or even violations made by my supervisors? What is the cost to me emotionally and professionally?”
Beyond these questions lies another set of questions. What if I don’t stand up for what is right and the integrity of the investigation? What if no deputy ever does? What if I see something wrong and I don’t speak up about it? Does doing the right thing also mean exposing injustice internally? Should I hold the department to the same standard as I am?
Weighing out all the facts, this deputy moved forward on appeal. This deputy was brave and was ultimately vindicated. The Civil Service Commission recognized the issues and ruled more fairly. The department, in this case, was unable to prove each cause/allegation. The deputy was exonerated in one incident and exonerated of the most serious charges in another of the three incidents. The department’s suspension order was modified with an award for back pay and benefits, to include interest. This deputy made some very difficult decisions in exercising appeal rights. The journey was long and isolating. It has been a couple years since the journey started for this deputy, and I hope the future for this deputy will provide opportunities to prosper and advance.
This article is not about pointing fingers, but I hope to help create a thoughtful dialogue about the appeal process each of us has the right to pursue, even if it could possibly expose errors on part of the department. We are all human and make mistakes. I want us all to strive to work towards a relationship of mutual respect. I hope the information about one deputy’s process provokes thoughtful consideration about the process of accountability. May we always set personalities aside in the pursuit of truth and justice.
Be safe, be diligent, and know that if you find yourself in this same position, asking yourself these same questions, the DSA and its legal counsel will be there for you.⭑