Sheriff's Department Considers Demoting Whistleblower for 'Gossip'

The Los Angeles County Sheriff’s Department is on the verge of demoting a sergeant, alleging she “spread rumors and/or gossip” when she shared copies of a complaint she filed in 2021 accusing high-ranking department officials of discrimination.

Sergeant Rosa Gonzalez, who successfully sued the county for retaliation against a whistleblower in 2015, says she was transferred to a less prestigious position after her complaint accused leaders in the Office of Personnel Management of discrimination against women, a whistleblower and a person they thought might have autism.

She first made her allegations public two years ago in a lawsuit that is still pending. Those allegations have resurfaced now that the Los Angeles County Sheriff's Department is considering demoting her.

Your case has sparked controversy within the ranks. Although the department seeks to discipline dozens of officers each quarter, a review of disciplinary actions data published online Demotions are not common. In the past three years, data shows the department has only attempted to demote five sergeants.

Gonzalez asked his attorney, Vincent Miller, for comment. Miller described the decision to demote his client as a discouraging sign of problems inherited from previous administrations.

“The county can no longer blame a corrupt sheriff for its unconstitutional police practices,” Miller said. “Retaliation against whistleblowers was already happening before [Alex] Villanueva became sheriff and this happens after he was expelled.”

In an emailed statement, the Sheriff's Department said it investigates all allegations of discrimination and misconduct.

“The department is dedicated to cultivating an equitable and productive environment for all employees, including ensuring that whistleblowers are protected by law and that their allegations are thoroughly investigated,” the statement said. “The department has established policies that prevent and protect individuals from all forms of discrimination, harassment, retaliation and inappropriate conduct.”

A few years after joining the Sheriff's Department in the mid-2000s, Gonzalez became a patrol deputy at the East LA station. That station has since become infamous for being the home of an alleged gang of deputies known Like the BanditosIts members have sequentially numbered tattoos, each with a Skeleton equipped with hat, bandolier and pistol..

In 2015, Gonzalez filed a lawsuit alleging that the Banditos had undue influence at the station and had created a culture of misogyny there. In the suit, she said she had suffered retaliation after filing a gender discrimination complaint and alleged that the tattooed Banditos had withheld backup on dangerous calls.

The county denied her allegations, but in 2019 settled the case for a million dollarsShe continued working in the department and was promoted to sergeant the following year.

Then, in the summer of 2021, Gonzalez was assigned to the Office of Personnel Management, which handles hiring, promotions and transfers in the department.

Gonzalez says she soon spotted potential problems in the way the agency was run. In one case, according to her lawsuit, agency leaders forced a woman to transfer because they said she was “not young.” In other cases, they allegedly hired one applicant because he was attractive and male and then refused to hire another applicant because he was “possibly autistic,” the lawsuit says. In another case, the lawsuit accuses agency leaders of refusing to promote an officer because he was suing the department over the 2018 Kennedy Hall incident.

In addition to hiring concerns, Gonzalez also accused office leaders of committing timecard fraud, misusing donated money and conspiring to allow cheating on a promotion exam.

In October 2021, she filed a lengthy complaint accusing office leaders of illegal hiring practices, retaliation and several other issues.

After consulting with her union attorney, Gonzalez sent copies of the complaint to the alleged victims named in it. She was subsequently verbally reprimanded by a commander for doing so. Several weeks later, Gonzalez learned that the department’s Internal Affairs Bureau was investigating her. In early 2022, she filed a lawsuit.

Capt. Yvonne O'Brien, who was in charge of the personnel office at the time, declined to comment, citing pending litigation and the fact that she is still with the department. But former Sgt. Carmen Arballo, who was O'Brien's deputy at the time, has since retired.

Arballo told The Times that decisions about hiring and permanent promotions were not solely at the discretion of the personnel office. And in the end, Arballo said, the department decided that the allegations Gonzalez raised — about both her and O'Brien — were unfounded.

“The department found that they were not true,” Arballo told The Times. “It is extremely disheartening and frustrating that this keeps coming back every six to eight months.”

In January, department officials sent Gonzalez a six-page letter saying they intended to demote her because she had “spread rumors and/or gossip” and “brought the department into disrepute” when she shared her complaint that contained “personal information” and “factors unrelated to unfair hiring practices.”

In doing so, the department said, he failed to properly report discrimination and instead violated a number of policies related to harassment, inappropriate conduct and general behavior.

Last week, in an email to The Times, Sheriff’s Department officials said they refer potential Equity Policy violations — typically allegations of discrimination or harassment — to an independent panel for review. The panel recommends a course of action, and in this case, the department accepted it and moved forward with the demotion.

But Miller, Gonzalez's attorney, scoffed at the idea that the outside panel could make an informed recommendation.

“They can only make a decision based on what the department decides to send them,” he said, claiming the department never thoroughly investigated Gonzalez’s complaint in the first place. “Instead, LASD demoted Sergeant Gonzalez based on LASD’s lie that all complaints are gossip,” he continued. “They will use that with every complainant going forward.”

In an audience Last month, Gonzalez argued why she should not be demoted. As of Monday, she was still waiting to hear the outcome.

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