Civil Service Probe Into Police Charges to Question 2,000

The San Diego Civil Service Commission announced plans Tuesday to mail confidential questionnaires to 2,000 current and former San Diego police officers as part of an investigation of alleged intimidation and harassment within the department.

The commission also may widen its inquiry to include other city departments if it uncovers evidence of similar abuse against other municipal employees, the announcement said.

For now, though, the commission’s investigation centers on the Police Department and whether officers have been the targets of intimidation, harassment and retaliation because they have either filed disability claims or testified at disciplinary hearings.

Those allegations were made in a voluminous complaint filed with the commission last month by Patrick J. Thistle, attorney for the Police Officers Assn.

In the deposition, Thistle submitted a diary by former Officer Jeanne Taylor, who filed a disability claim and then was assigned to “light duty” in Kolender’s office in 1981 and 1982. In that position, Taylor was given personal errands to run for Kolender and his top aides.

The commission voted Nov. 17 to investigate Thistle’s charges, and appointed Commissioners Dave Lewis and Hope Logan to preside over the investigation.

While that was unfolding, City Manager John Lockwood began his own investigation into Police Department improprieties, prompted by Thistle’s report and findings by The Times that Police Chief Bill Kolender and his top assistants had fixed parking tickets and moving citations for their friends, family, the media and influential San Diegans.

Shortly before Thanksgiving, Lockwood issued written reprimands to Kolender and Assistant Police Chief Bob Burgreen. He forwarded the matter to the San Diego County district attorney’s office, which is considering whether to initiate a criminal investigation.

Tuesday’s announcement by the Civil Service Commission was the first indication of what questions it will ask and how the panel will conduct its probe, which by City Charter is restricted to “classified,” or non-management, members of the Police Department.

Lewis said an investigator has already been assigned by the city’s Personnel Department to help the commission. The investigator has requested documents from the Police Department, the city’s Retirement Office and the city’s Department of Risk Management, Lewis said.

Lewis said he and Logan have identified at least 17 areas of concern, including alleged misconduct by the city attorney’s office.

Other questions include whether officers are “damaged” by Police Department handling of worker’s compensation, long-term disability leave, light duty, leaves of absence, retirement, discrimination complaints and other programs.

Lewis said closed-door hearings may begin by year’s end, with Thistle as the first witness. The commission will send out the 2,000 questionnaires to determine the scope of complaints of alleged intimidation, he said.

Lewis stressed that the information supplied on the questionnaires will remain “confidential” and that no member of the Police Department would be included in commission deliberations on the matter.

“Our interest is in determining if there are problems with the system,” said Lewis. “If there are problems with the system, we want to make the necessary changes.”

Thistle greeted Tuesday’s announcement as a “real good start” by the commission.

“I think once they start the testimony part and it gets into other areas, they seem willing to go into other areas,” said Thistle.

The POA attorney said he will encourage his clients to cooperate with the commission’s probe by responding to the survey. But Thistle said he would prefer the commission sessions not to be held behind closed doors.

“I’m a firm believer of the business of the public being conducted in the open,” Thistle said. “It would provide a little bit more impetus for others to come forward with their stories.”

Thistle also said he would like to see the commission survey include questions concerning the Police Department’s alleged practice of denying promotions and other preferred assignments to officers who file disability claims or provide testimony against the department at civil service hearings.

“Often times that’s where the careers are ruined,” Thistle said. “These areas cause great concern for these police officers because they fear not so much specific punitive actions such as transfers and demotions, but the more subtle responses . . . you don’t get the job you want, you’re not promoted, you’re assigned to undesirable locations.”

Cmdr. Keith Enerson, Police Department spokesman, said he could not comment on the investigation because the Police Department had not received a copy of the commission’s press release.

Commissioners are scheduled to meet today to discuss whether to hire an outside attorney for their probe. The city attorney’s office has vigorously resisted the proposal and has threatened to sue the commission if it seeks outside counsel.

But commission members have maintained they need to hire an independent attorney for at least part of the investigation because Thistle has accused the city attorney’s office of recommending retaliation against a police officer.