It Began In January 2001 With Todd Crafting A Back Room Deal

1. It Began In January 2001 With Todd Crafting A Back Room Deal • The MOU resulted in only white males being eligible for Police Chief • This was in exchange for votes for Councilman Moriel • South Gate filed a lawsuit in which it claimed the MOU was illegal, because it had a discriminatory impact. • When the City realized the discriminatory impact, of Todd’s back room deal, they sought to select the best possible candidate.

2. The Discriminatory MOU

3. July 2001, The PMA Learns that a Deputy Chief Will be Selected - and Calls a Meeting

4. October 2001 Harassment of The First Ever Latino Chief • Lopez was selected as the best qualified candidate out of 150 applicants • OCTOBER 23, 2001 CITY COUNCIL MEETING • "Get the fuck out of my city." • "Where’s that fucking Lopez" • Mad dogging • Over 150 Officers and their supporters packed the Council Meeting to intimidate Chief Lopez.

5. October 24 - 26, 2001 • Caucasin Management - Todd, Richert, Key and Galbreath all filed complaints of discrimination. • The PMA filed suit to stop the selection of Rick Lopez as the first ever Latino Chief. • The PMA started a recall of the three city council members and city treasurer who selected Chief Lopez. • South Gate’s witnesses admitted that recalling council members would result in the elimination of Lopez.

6. The November 1, 2001 Harassment of Lopez’ Family • Todd obtained the CONFIDENTIAL home address of Chief Lopez. • He did not have permission to do this. • He provided it to Captain Key. • 4 South Gate cops served Lopez terrifying him and his small children. • Service on an officer at home was unprecedented.

7. Chief Lopez Withdrew

8. Plaintiffs were associated with and perceived to be associated with Chief Lopez • Lopez hired Officer Hernandez. • Lopez promoted Officer Corbet. • Lopez promoted Officer Matsukiyo. • Lopez sent Officer Matsukiyo to FTO school. • Lopez sent Officer Carrillo to FTO school. • Captain Richert, Captain Key and Sgt. Saldivar admitted they associated Officer Carrillo with Lopez.

9. The Plaintiffs were further associated with Lopez because of lack of participation in the recall • Officer Carrillo refused to contribute money or time to the recall. • Officer Matsukiyo was called at home and pressured to participate in the recall. • Officer Corbet was told “what the fuck are you thinking, this is your job and your livelihood.” • Officer Hernandez was pressured to participate because he was a “new guy.”

10. The Plaintiffs were perceived as associated with Chief Lopez • After Matsukiyo was promoted, Sgt Perez asked him about his association with Chief Lopez. • Lt. Arocha told Carrillo not to go to FTO school. • Mendez played I’m your puppet over the loud speaker when Officer Carrillo entered the station. • Lieutenant Galbreath testified Todd had a black list and that something bad would happen to those officers.

11. Officer Valentine’s Statement References a List

12. Officers with little involvement in the recall were associated with Chief Lopez • The names of Officers that did not pay the $200 were posted on the POA board which Lt. Sullivan and Officer Flanagan testified anyone could access. • Officer Mena was called a traitor just for speaking with Chief Lopez. • Mena’s dog was pepper sprayed. • Sgts Rivera and Campos incited Explorer Scouts to quit because Mena was associated with Lopez.

13. Campos and Rivera Harassed Officers Associated with Lopez

14. Further Evidence Of Harassment based on Association

15. Officer Fernandez described the associational harassment because of his limited involvement in the recall

16. Officer Chacon described harassment because of his association with Lopez

17. All of the Plaintiffs received the “Resister”

18. Officer Corbet was subjected to Race based Harassment, Discrimination and Retaliation. • Officer Corbet was referred to as: • “Gook” • “Nip” • “Tight eyed bastard” • “Looks like someone I used to shoot at in Vietnam only taller” • Richert told Corbet he would run him out of the department. • Corbet’s supervisory duties were taken from him. • Corbet was denied overtime. • Corbet was taken off the range staff without justification.

19. Race Based Harassment and Discrimination of Officer Corbet • Officer Corbet was denied a promotion to Sergeant. • He was subjected to a POA recall after assisting Troy Hernandez. • His bullet proof vest and other SWAT equipment was stolen from the secure police facility and defendants did not investigate. • Homsher (the enforcer) intimidated Officers Corbet and Matsukiyo just before trial. • Corbet was taken off the range staff without justification.

20. Disability Harassment to Officer Corbet • Harassing comments made by management to Officer Corbet after his prostate surgery: • ADW • “ how does your dick work?” • “ how do you make it work?” • “have you tried Viagra?” • His buttock was grabbed to see if he wore diapers.

21. Officer Matsukiyo was subjected to Harassment, Discrimination and Retaliation • Officer Matsukiyo was called racial slurs for years; a few examples: • “Gook” • “Godzilla” • “Godzuki” • “Tight eyed bastard” • “Jap” • “Japanese Jew” • “You Koreans are all the same” • “Co-chino” • “Cap-a-chino” • “Lance Ito” • Comments were made about Pearl Harbor • The Atomic Bomb, etc. Many of these comments were made in front of supervisors

22. Officer Matsukiyo was subjected to Discrimination • In July 2004 Richert ordered Matsukiyo to work weekends for a full year contrary to policy. • When Matsukiyo complained Richert said, “ if you don’t like it, you can give up your stripes.”

23. Officer Matsukiyo was Retaliated Against • Sgt Edwards was instructed to scrutinize him. • In September 2004, following the grievance, Officer Matsukiyo received an unjustified Personnel Report, for a “disgruntled outburst.” • However, employees signed a statement that there were no disgruntled outbursts. • The personnel director failed to investigate his complaints.

24. Exhibit 139-2

25. Officer Matsukiyo was subjected to Additional Retaliation • Supervisory duties taken away. • Denied vacation. • Assigned menial tasks. • Denied entry school training. • Denied MP-5 machine gun training. • Promotional opportunities eliminated.

26. Officer Matsukiyo was terrorized • Officer Garcia warned that “they’re coming after you.” • Officer Matsukiyo moved because he feared for his family’s safety after reporting Edwards. • Officer Homsher drove his motorcycle at 30MPH towards Officers Matsukiyo and Corbet when they were on the sidewalk.

27. Officer Hernandez was subjected to Discrimination, Harassment and Retaliation because of his National Origin • Called: • Slow, Stupid, Retarded • FNG • “dick” • “fucking idiot” • Under POST Guidelines, the use of profane speech or humiliating tactics is not acceptable conduct, Lt. Arocha.

28. Officer Hernandez was Harassed • His gun was removed from his locker and was taken apart and returned to him in pieces. • Captain Key testified the POBR required a warrant to open an officer’s locker. • He was denied meal breaks. • Management was aware that Hernandez was left in the police parking lot for hours without justification on several occasions.

29. Avila was not aware of any reasons for denying the attorney of his choice

30. Hernandez was Wrongfully Fired • Falsely accused of lying. • Todd fired him. • The Civil Service Commission unanimously concluded all charges were unfounded. • To further harass Hernandez, Todd appealed to the City Council. • After Hernandez was reinstated, he was harassed further. • Any reasonable person would find the environment intolerable.

31. Harassment and Retaliation • Hernandez complained of harassment to Mayor Martinez and Ms. Fletcher. • The City failed to investigate. • Hernandez was constructively discharged. • After escaping South Gate, Sgt. Arakawa defamed Hernandez.

32. Officer Carrillo was Subjected to Discrimination, Harassment and Retaliation • Officer Carrillo’s radio transmissions were interfered with from 2000 – 2004. • In 2001, Officer Carrillo was discriminated against. He was forced to stay at the El Paseo substation. • In February, 2002, Officer Carrillo was not allowed to pick his area of patrol in violation of seniority practices. • He was given the assignment furthest from the station, which took the longest time for back up. • He was ostracized.

33. Carrillo was harassed because of his association with Robles • From 2002-2006, police management allowed offensive materials to remain in the police department. • Officer Homsher shouted “This is bullshit, it’s lovely to work 5 days a week, 8 hours a day. I wish that fuckin’ Robles would die.” • Although officer Carillo complained to the Personnel Department about this, Homsher was not ever interviewed about his comments.

34. Continuing Harassment • Officer Carrillo complained to Chief Lopez who acknowledged the department was out of control. • After being harassed, Officer Carrillo applied to Alhambra P.D. to escape the hostile atmosphere. The statement, “Alhambra is hiring laterals” was written on the board in briefing.

35. Exhibit 615-4

36. Racial Slurs are Rampant • Title 8 (undocumented Hispanic) • 927 (“suspicious male black”) • “N” Word • Buckwheat (Dictate) • P.O.N.T.I.A.C • Cap-a-chino • Porsche

37. Management Knew or Should have Known of the Harassment • The harassment was so pervasive that Management had to know about it. • A good example of management’s indifference is the persistence of the rat poster from 2002 -2006. It remained on the board until Officer Matsukiyo testified as a witness in another proceeding against South Gate.

38. Hypocrisy

39. Exhibit 18-3

40. Failure to take corrective action • Chief Tunson • Personnel Director failed to investigate the complaints from Officers Matsukiyo, Carrillo, Hernandez and Lowinger. • Inspector General was terminated in February of 2003 before completing the Resistor investigation. • Todd instructed Sullivan not to investigate.

41. Chief Todd prevented a complete investigation into the resister

42. Investigations without conclusion • Ex 169 is 181 pages long and has no conclusion. • Ex 1104 is over 80 pages long and has no conclusion. • The investigation into Sgt Edwards’ sexual indiscretions is missing.

43. Officer Carillo was denied promotions due to discrimination • Denied the Detective Bureau position. • Denied CIT position. • Denied MP-5 training. • Delayed promotion to FTO.

44. Economic Damages of Officer Carrillo, $1,099,301

45. Economic Damages of Officer Matsukiyo, $546,266.00

46. Economic Damages of Officer Hernandez, $759,480

47. Economic Damages Pension of Officer Corbet, $54,100.00

48. Special Verdict Form Q9 Damages For Harassment • 9a Troy Hernandez past and future economic damages $759,480. • 9b Dave Matsukiyo past and future economic damages $546,266. • 9c Ron Corbet past and future economic damages $54,100. • 9d Albert Carrillo past and future economic damages $1,099,301.

49. Special Verdict Form Q9 • Past and future non-economic damages. • Lifetime of mental and emotional distress. • $4,000,000 - $8,000,000 per plaintiff.

50. Special Verdict Form Q13 Constructive Discharge • Past and future economic damages $220,249. • The economist used an extremely conservative figure for the difference in earning between South Gate and Arcadia. • In the past three years South Gate has had 29% raises from the council. • 29% of $759,480 = $220,249 • Past and future non-economic damages $100,000.