Office of Inspector General (OIG) Prevented from Questioning PPOA Members Regarding Law Enforcement Gangs
Despite a prior court ruling prohibiting the OIG and County from contacting Department members without abiding by the law, on May 12, 2023, the OIG sent letters to certain Department members and requested their participation in interviews as part of investigations into law enforcement gangs and police misconduct. The OIG letters instructed Department members to participate although deputies could invoke their Fifth Amendment rights to remain silent. The letters additionally stated the OIG would provide the interview statements to the Sheriff’s Department, the California Commission on Peace Officer Standards and Training (P.O.S.T.), and other governmental entities. Deputies were also asked to bring photographs of gang-related tattoos and were informed they would be asked to disclose who else might have similar tattoos along with any other information related to deputies being in gangs.
On May 18, 2023, Sheriff Robert Luna sent a corresponding email that ordered the deputies to cooperate with the OIG interviews and reminded the deputies of a Department policy which stated no employee can take any action that could interfere with an investigation and warned that failure to cooperate could lead to termination. The deputies were not informed whether they would receive Lybarger or Garrity protections during the interviews.
In response to these letters, PPOA and ALADS (Charging Parties) filed an Unfair Labor Charge against the OIG, County, and Department (Respondents). After a hearing and oral argument, on December 2, 2024, ERCOM ruled in favor of the Charging parties and noted in part:
“To avoid any future gamesmanship, we explicitly find that the Respondent violated Sections 5.04.240(A)(1) and (A)(3) of the Los Angeles County Employee Relations Ordinance (ERO) when it directed deputies to respond to the OIG’s May 12, 2023, letter and when Sheriff Luna issued the corresponding May 18, 2023, email. We also make clear that the Respondent is prohibited from implementing any and all bargainable effects of the Oversight Legislation until the bargaining process, including impasse procedures, has concluded.”
This case is one of five successful challenges by PPOA and ALADS to stop the attempt by the OIG and the County to obtain information from Department members illegally and without affording them legal protections under the law.
Click here to read a complete copy of the decision.
Best regards,
Steve Johnson, President
Los Angeles County Professional Peace Officers Association