Sheriff’s Sergeant Says Transfer Is Punitive

A San Diego County sheriff’s sergeant has been transferred to work in the South Bay jail, making him, he said, the second area law enforcement supervisor to be punished for assisting The Times in gathering information about unusual security measures at Sheriff John Duffy’s home.

Sgt. Joe Lopez, a 13-year veteran of the Sheriff’s Department, said Friday that he was notified this week that he was been ordered to start working jail duty in Chula Vista, a position that most Sheriff’s Department staff members consider one of the least-desirable because of the extreme inmate crowding there.

Lopez, who late last year was assigned as a training sergeant in Lemon Grove, said he was told the transfer was ordered personally by Duffy and that no other reason was given for the sudden move.

“This is a punitive transfer,” Lopez said. “It’s a step backwards for anybody. The jails and the jail transportation department have been the whipping posts in the Sheriff’s Department. That’s no secret. Ask anybody who’s gone back.”

Last year, Lopez provided information to The Times about a racist memo posted in the Poway station and about deputies being ordered to drive from Poway to respond to Duffy’s burglar alarm system at his home in San Diego.

He said Friday that Duffy and the sheriff’s internal-affairs unit are punishing him because they also suspect him of leaking information to the newspaper about a “safe room” closet inside Duffy’s home.

“That’s what makes it a punitive transfer,” Lopez said.

Duffy could not be reached for comment Friday.

Sgt. Earl Wentworth of the internal-affairs unit declined to comment on why Lopez was suddenly given a change of assignment. “That’s a personnel matter that we don’t give out,” he said.

But Lopez’s contention that the transfer order came from Duffy’s office without explanation was supported by Sheriff’s Capt. Jim Roache, who as head of the Lemon Grove station had been Lopez’s commanding officer.

Roache said he normally is given a reason from headquarters for a staff member’s being transferred, but that did not happen in the case of Lopez.

“I am unaware of the reasons for this transfer,” Roache said. “I was notified two days ago by the personnel department, and no reason was given. And that was unusual.”

In December, Duffy blamed The Times and stories about his home security arrangements for his decision to quit his race for reelection

Earlier this year, the San Diego Police Department suspended Sgt. Anne O’Dell for 10 days without pay for confirming for The Times that police records show Duffy’s burglar alarm permit specifies that county deputies rather than city police respond to all emergencies at his home.

Last month, Wentworth told The Times that his internal-affairs unit was trying to identify the sources of all leaks to the newspaper having to do with Duffy’s home. He then asked The Times for the names of all sheriff’s personnel who provided the newspaper with information about the sheriff’s residence, but the newspaper refused to comply with the request.

On Friday, Wentworth said his office expects to complete its investigation within a week, but he declined to discuss how widespread its conclusions might be. However, sources have told The Times that at least two sheriff’s captains and another sergeant may be targets of the investigation.

“I know they (internal-affairs investigators) have talked to quite a few people,” said Everett Bobbitt, an attorney under contract with the Deputy Sheriff’s Assn. “And I know I’ve talked to at least 10 people who are concerned as to whether they would be affected.”

The lawyer said he has also conferred with Lopez about his case, saying that a lawsuit might be filed to stop the jail transfer on the grounds that it violates Lopez’s right to free speech.

“I believe the Constitution is too important, and that any action Duffy takes is in furtherance of his own political goals,” Bobbitt said. “I simply can’t rest and let Lopez hang out. I simply can’t.”

Asked whether Lopez’s transfer was in retaliation for helping The Times, Bobbitt said: “Absolutely. I have no doubt in my mind about that.”

In January, Lopez said he was given a formal reprimand for revealing the existence of a memo ridiculing Latinos that was tacked onto the bulletin board at the Poway sheriff’s station. Also as part of that discipline, he said, he was transferred from the Poway station to the “dogwatch” shift at Lemon Grove.

Lopez, in a related matter, said Friday that deputy morale is low in the Lemon Grove station, where there has been a high staff turnover and uneasiness over the fact that Roache is a candidate for sheriff against Duffy’s favorite, Assistant Sheriff Jack Drown.

Roache said that, in the last six months, six supervisors have been transferred out of his station and that the office is now understaffed by 13 officers.

Although the deficiencies came about at the same time he announced his intention to seek the sheriff’s office, Roache said he could not directly tie them to an effort to embarrass his candidacy by portraying him as a poor administrator. He noted that other commands in the Sheriff’s Department are also working under adverse conditions.