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Dallas Police Sergeant's Suspension in Ticket Case Overturned

Dallas Morning News

May 20, 2008

DALLAS, TX – A supervisor who instructed Dallas officers to make up occupations on citations will only receive counseling after an assistant city manager overturned his five-day suspension ordered by Police Chief David Kunkle.

Sgt. Walter Clifton gave his patrol officers a list of suggested jobs – such as “Human Relations Clerk” for suspects believed to be prostitutes and “Pharmacology Specialist” for suspects thought to be drug addicts – to fill in on their tickets to homeless people and other transients.

Assistant City Manager Jill Jordan wrote to the officer that she had reviewed the evidence presented at his appeal hearing and was reducing his suspension to “documented counseling.” The letter also ordered that he be given back pay but did not offer any reasoning for the decision.

“My decision in this matter is non-appealable,” she wrote in the May 13 letter.

Ms. Jordan did not respond to e-mails. Her office said she was out of town on a business trip and not available for comment.

First Assistant City Manager Ryan Evans also declined to comment. “I’m unaware of her decision-making process,” he said.

Chief Kunkle declined to comment on Ms. Jordan’s ruling. But he has in the past criticized decisions that have led to the reduction of discipline or reinstatement of officers fired for serious misconduct. The chief has said reversing such decisions by police commanders undermines attempts to hold officers accountable for their actions.

Mr. Evans noted that recent changes in the disciplinary process require that all first-round appeals of fired officers be heard by the city manager rather than assistant city managers.

“The city manager is now hearing those appeals to address the concerns of the chief,” Mr. Evans said.

Sgt. Clifton’s attorney, Christopher Livingston, said his client was pleased with the decision. “Sgt. Clifton has been with the department for many years and has an exemplary service record,” Mr. Livingston said.

At the same time that Chief Kunkle suspended Sgt. Clifton in late March, he also fired two officers and suspended a third after investigators concluded that those officers had been writing tickets in improper ways, including a few cases where two officers had people sign blank citations.

Their appeal hearings are pending.

Sgt. Clifton had supervised the officers at various times. He admitted to internal investigators that he told patrol officers to obscure the fact that people were homeless by writing in fake occupations on tickets.

Sgt. Clifton told investigators that he believed municipal court judges would not issue arrest warrants on unpaid citations if they thought a person was transient. Municipal court officials have since said that is not the case.

It is unknown exactly how many tickets listed fake occupations and whether such incorrect information on tickets has affected any cases.

But Sgt. Clifton told investigators that he issued the instruction several years ago. He typically supervised about eight to 10 officers who write tickets, each writing hundreds of citations every year.

The Dallas Morning News and police investigators independently found dozens of examples of the improperly filled-out occupations on the tickets.

In the undated memo obtained by investigators, Sgt. Clifton told his officers that they should “feel free to come up” with their own alternative occupations as “long as court services would not likely see through the title and figure out they are in fact ‘homeless.’ “

(c) 2008 YellowBrix, Inc.


+13
  • Upd_badge_max50

    brat16

    about 1 month ago

    88 comments

    I am not saying this was wrong or right. I will say that our department looks at "making up" anything on official paperwork as falsifying paperwork.
  • View-pow-1_max50

    ilegworldchamp

    about 1 month ago

    291 comments

    Since when is an ASSISTANT City Manage in the chain of command? Just might be a Police Commissioner like members of a Board of Selectmen. Nice to see that someone stuck up for the Officer. Sounds like the Chief has been spending too much time in his ivory tower. I was lucky , I had a chief that would actually walk foot patrol in the center of town, just like the rest of us. Now that former Marine I would have walked thrue hell for.
  • Tony_a_max50

    tlacks

    about 1 month ago

    964 comments

    I love the creative descriptions for occupations! How about "unregistered pharmacist" for drug dealer? Obviously Court Services and the local Judges were NOT issuing warrants and that's what sparked the whole thing. Rather than support his personnel and work to get the Courts to cooperate, this head-hunter of a Chief of Police started axing his personnel. Must have been an IA Supervisor before getting the Chief's job. Oh, and by the way, Chief, being homeless is not an occupation, it is a condition you jackass! If this is how you treat your long-time employees, I hope, for their sake, that your contract is up for renewal very soon and that the City Manager will decide not to continue your services. The rank and file are the backbone of any police agency. Without them faithfully reporting for duty every day and night and risking their lives for the protection of others, you wouldn't have a job. Your support is all they require to do their jobs well and efficiently. To take such a punitive stance on something like "creative but truthful" occupations on a ticket is, quite frankly, overkill to the extreme. I think the Assistant City Manager had it right. AT the most, a formal Counseling was appropriate.
  • Eric_uniform_005_max50

    ERIC675220

    about 1 month ago

    299 comments

    Sounds like the chief needs to visit a "social worker" maybe he wont be so anal retentive.
  • Jim_b_max50

    Robocop33

    about 1 month ago

    1625 comments

    Sheepdog, in THIS case it is a good thing that this Asst. Manager was able to overturn this Chiefs excessive punishment. Sounds like this Chief is a real prick to work for and needs to un-bunch his panties some.
  • Jim_b_max50

    Robocop33

    about 1 month ago

    1625 comments

    I had to laugh as well and this sounds like something that we did back in the day. They really aren't lying when they say a prostitute is a "Social Worker" or a Drug dealer an "Unlicensed pharmacist" are they? Damn, people are so uptight! All that was necessary is to tell him to knock it off.
  • Beattexas_max50

    HogWild

    about 1 month ago

    66 comments

    The Sgt would have gotten in trouble even if he had the officers put down the actual occupations such as, Drug Dealer, Prostitute, Street Slug, or whatever. I find it comical, and it looks like the Chief is a head-hunter anyways.
  • Tr_1_max50

    Sheepdog267

    about 1 month ago

    642 comments

    Since when is an ASSISTANT City Manage in the chain of command?
  • Usmc_max50

    Taffy

    about 1 month ago

    467 comments

    Are you kidding me? Who gives a rats behind what occupation the person is? There's got to be something more than that. The Dallas Morning News made a "federal case" out of the employment thing, which matters little more than crab sh** and who freaking cares? I have no doubt the courts did treat transients with kit gloves and the Sgt. was on the money about getting anything accomplished with the citations. Okay, its not the way we are supposed to do it, I get that, but give me a break. This is something that needs to be at the bottom of the "I could give a crap list." Firing Officers over it is garbage.
  • Img_0351_max50

    Hammer520

    about 1 month ago

    129 comments

    Theres always two sides to the story, and I wonder what upper mgt put out that they are denying? In one of those unwritten orders....we all get...
  • Photo_user_blank_big

    michaelmiddleton

    about 1 month ago

    4 comments

    Many years ago, when I was a young officer on the Los Angeles Police Department, one of my sergeants told us all at role call that we were much like micro-biologists. His reasoning was simple, we were charged with removing "harmful bacteria" from society.
  • Caduceus_max50

    headbrer

    about 1 month ago

    529 comments

    Not enough information to really comment on this

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