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Home My WebLink AboutEXHIBIT P2 NOTICE 20TR-0005 July 29CITY OF PETALUMA, CALIFORNIA MEMORANDUM ______________________________________________________________________________ Police Administration, 969 Petaluma Boulevard North, Petaluma, CA 94952 (707) 778-4370 Fax (707) 778-4502 DATE: July 29, 2020 TO: Lance Novello, Sergeant FROM: Ed Crosby, Lieutenant SUBJECT: INTERNAL AFFAIRS INVESTIGATION # 20TR-0005 AMENDED NOTIFICATIONS ________________________________________________________________________ This notice is to inform you of amendments made to the initial notification you received dated July 21, 2020 that the Petaluma Police Department is currently involved in an investigation regarding your on-duty conduct on July 20, 2020. Amendments are listed below in black bold font. Amendment(s) have also been made to the Notice of Paid Administrative Leave incorporated into this memorandum. The purpose of this investigation is to determine if you committed any Petaluma Police Department Policy Manual or City of Petaluma Personnel Manual violations or violations of the California Penal Code during this incident, specifically regarding the following: Petaluma Police Department Policy section 340.5.9 (b), Conduct: Unreasonable and Unwarranted force to a person encountered or a person under arrest. Petaluma Police Department Policy section 340.5.9 (c), Conduct: Exceeding Lawful Peace Officer Powers by unreasonable, unlawful or excessive conduct. Petaluma Police Department Policy section 340.5.9 (f), Conduct: Discourteous, disrespectful, or discriminatory treatment of any member of the public or any member of this department or the City. Petaluma Police Department Policy section 340.5.9 (g), Conduct: Use of obscene, indecent, profane, or derogatory language while on duty or in uniform. Petaluma Police Department Policy section 340.5.9 (m), Conduct: Any other on or off-duty conduct which any member knows or reasonably should know is unbecoming a member of this department, is contrary to good order, efficiency or morale, or tends to reflect unfavorably upon this department or its members. Petaluma Police Department Policy section 340.5.9 (h), Conduct: Criminal, dishonest, or disgraceful conduct, whether on or off-duty, that adversely the member’s relationship with this department. California Penal Code section 243.4 (e)(1) Any person who touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of misdemeanor sexual battery, punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. (2) As used in this subdivision, “touches” means physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim. (g) As used in this section, the following terms have the following meanings: (1) “Intimate part” means the sexual organ, anus, groin, or buttocks of any person, and the breast of a female. California Penal Code section 242 A battery is any willful and unlawful use of force or violence upon the person of another. California Penal Code section 149 Every public officer who, under color of authority, without lawful necessity, assaults or beats any person, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment. An interview date for Internal Affairs purposes regarding the above listed allegations shall be pending until further notice. It is possible that allegations listed in this notice may be amended between the date of the service of this notice and the interview date. Should that be the case, you and/or your legal representative shall be notified as soon as possible. The Sonoma County District Attorney’s Office will be conducting a criminal investigation on this matter. Because of this, at the time of the Internal Affairs interview, you should expect to be informed of your Miranda Rights (i.e. to be given a Lybarger admonition). Notice of Investigation and Paid Administrative Leave This is to provide notice that you are placed on paid administrative leave effective immediately. The leave terms are listed below. Your being placed on administrative leave is not disciplinary action. The purpose of the paid administrative leave is to allow the City to promptly conduct a full and fair investigation into possible misconduct concerning your role as an employee of the City. While on paid administrative leave you will continue to receive your regular pay and benefits. The City will complete its investigation and notify you that it has been completed as soon as possible. You will remain on paid administrative leave until I notify you otherwise. Paid administrative leave terms: 1. While on paid administrative leave, you must be available by landline telephone or cell phone during business working hours, which are 0900-1700 Monday through Friday. 2. You must return any phone message or text message within four hours of such messages being left by me, if four hours or more remain in the workday. If four hours do not remain in the workday, when I leave a message for you, you will respond to text/voice messages by noon the following day. 3. Unless I direct otherwise, while on paid administrative leave you may not participate in any City-related work duties or assignments (volunteer or otherwise) nor access any City computer or communications system, including City e-mail systems. 4. The City of Petaluma prohibits retaliation against any person for assisting in an investigation. You are advised that if you engage in discussions regarding this Internal Affairs investigation which results in retaliatory behavior directed against another employee, or if you engage in behavior with the intent to influence the outcome of the investigation, you may be subject to separate disciplinary action up to and including termination. 5. While on paid administrative leave, unless I direct you otherwise, you may not enter any City workplace areas (including the Petaluma Police Department) that are reserved for employees and not open to the general public. 6. While on paid administrative leave, you must direct any questions you have about the investigation, your paid administrative leave, or any other questions regarding your employment with the City of Petaluma to me or to Deputy Chief Brian Miller. 7. While on paid administrative leave, you are expected to adhere to all applicable Petaluma Police Department policies, Petaluma Police Department directives, Sonoma County laws and applicable Federal law as if you were still on active duty. 8. For the duration of your paid administrative leave, you will not be permitted to maintain possession of your department-issued firearm(s), your department-issued badge, department-issued keys, nor department-issued identification cards. Those are to be surrendered to me or other member of the Petaluma Police Department Command Staff immediately. I acknowledge receipt of this memorandum and understand the terms of my administrative leave. Employee:___________________________________ Date:_________________________ Witness:_____________________________________ Date:_________________________ Lt. Ed Crosby #1749