Auburn Journal

Thursday, August 3, 2006

Former Sergeant Seeks Damages

Official dispute allegations of wrongful termination

By Penne Usher

Auburn Journal Staff Writer

ROCKLIN – A veteran Rocklin police officer and Colfax resident has filed a claim against the city of Rocklin for wrongful termination.

Rocklin L. Eaton, 48, filed the claim asking for more than $10,000 in damages July 6, Eaton’s claim says the former police sergeant was fired, in part, because he allegedly refused to participate in a red light citation quota program.

Rocklin police officials dispute the allegation.

“There is no such (program),” Mark Siemens, Rocklin’s chief of police, said Wednesday.

Eaton declined to discuss the specifics of the claim, referring questions to his Sacramento attorney, Mary-Alice Coleman.

Coleman said her client was terminated for insubordination after more than 19 years with Rocklin Police Department and has suffered lost wages and benefits, retirement and overtime.

“During that time period he had a very distinguished career and received significant recognition, particularly for his support and involvement in Rocklin’s efforts to stay in top of drug matters,” Coleman said.

Siemens says the claim is unfounded. After Eaton was released from duty he contested his termination. An independent arbitrator reviewed the case and in January determined that the termination should stand.

“A large number of the issues (Eaton) has brought up (in the claim) are fictional,” Siemens said Wednesday. “I don’t want to give credence to his claim.”

The claim names four city employees allegedly involved; Chief Mark Siemens, Lt. Steven Newman, Capt. Dan Ruden, all of the Rocklin Police Department, as well as Carlos Urrutia, Rocklin city manager.

Urrutia said Eaton was fired for a number of charges of insubordination and that the former officer’s claim is “unwarranted.”

“There’s an arbitrator’s decision to proceed with termination,” he said. “As far as I’m concerned, I’m going with the arbitrator’s recommendation to terminate. Those decisions don’t come lightly.”

The arbitrator, William Riker, considered in his decision evidence from the city of Rocklin as well as the Rocklin Police Officers Association.

The city contends that Eaton “made malicious and disparaging remarks,” which “did not support the mission and direction of the Chief of Police.”

Eaton began having problems with Newman once Newman was promoted to the rank of acting Lieutenant, officials said. Newman, who had been working under Eaton, became his supervisor.

Eaton claims that Siemens promoted Newman to the rank of acting lieutenant even though he know that the former Santa Clara Police officer had reportedly left the Bay Area department because he “was accused of theft of police evidence.”

Specifically, the claim states, that Newman removed “a pornographic photograph” from evidence.

When contacted by phone, Newman declined to discuss the claim, stating he hadn’t reviewed it. He also wouldn’t comment on his past at the Santa Clara Police Department.

The arbitration report states that by Newman’s own account he removed one photograph from evidence, however, the association contends that a police report indicated that Newman removed more 70 photographs over a period of time.

Newman pleaded no contest to charges of petty theft and his record has been cleared. He has no criminal record, therefore was eligible to join the Rocklin Police Department.

Siemens, who joined the department after Newman, in 2001, said there is no point in delving into a current employees past once they are hired and what Eaton was doing was undermining the mission of the police department.

Coleman said Eaton would like his job back and his name cleared.

“This has tarnished his reputation as a dedicated and distinguished police officer and of course this has been a major sacrifice for him financially,” she says. “He’s a dedicated individual who has worked all his life to be a policeman and that’s what he wants to do.”

Eaton said in a brief telephone interview that he’s making ends meet by working in the Bay area with his brother. He said his November 2004 termination has been difficult.

“It’s a hard pill to swallow, especially in light of what appears to be acceptable behavior within the department,” Eaton said.

Being fired for insubordination could prevent Eaton from retaining another job in law enforcement.

“It will be difficult to get another job as an officer,” Eaton said. “I need to clear my name and let the public know what really happened within the walls of Rocklin Police Department.

Although Siemens said this is the end of the road for Eaton, Coleman said otherwise.

“The next step is to wait for the city to act on the claim,” she said. “They have 45 days from the date we filed,” she said. “We would expect to hear back in early September.”

A civil lawsuit could be next.