Dec. 02--CONCORD -- When a police lieutenant's citation for causing a crash in front of the police department was rescinded a week later, it sparked grumblings about favoritism and officers being above the law.
Not so fast, says the city's top cop, who contends the citation was dismissed because the investigating officer has a documented history of conflict with the lieutenant, thus creating a conflict of interest.
Concord police Chief Guy Swanger on Thursday sought to clarify the ticket flap that began with an anonymous letter to several city officials and news outlets decrying the decision, and gained profile this week when a story appeared in the Claycord community blog.
The news elicited accusations of corruption. One resident, Lee T. White, went as far as to write a letter to state Attorney General Kamala Harris requesting that her office look into the matter.
According to police, on Oct. 7 an off-duty Lt. Robin Heinemann made an unprotected left turn across Galindo Street, into the Concord Police Department's lot, in front of an oncoming vehicle driven by a 40-year-old Concord resident.
A report written by Officer Ron Bruckert said the lieutenant was at fault. A citation for failing to yield was not issued immediately, but rather a few days later, Swanger said. Doing so is within department guidelines that give officers discretion regarding citations in traffic stops and accidents.
But the citation shouldn't have been
issued, Swanger said, because of the previous history between Bruckert and Heinemann.
In January the city agreed to pay $150,000 to settle Heinemann's gender-discrimination suit against the city, which claimed department brass passed her up for a promotion and were hypercritical of her work while other male officers got away with more serious transgressions. Bruckert was named as one of those officers.
"In this particular incident, the investigating officer and the off-duty officer involved in the accident have a prior strained working relationship," Swanger said. "It was determined during the approval process for the accident investigation that the decision to issue a citation in the week following the accident was not appropriate."
Somewhat lost in the mix is whether the citation dismissal will affect the insurance claim by the other driver in the collision. Concord-based attorney Dirk Manoukian said the crash caused his client neck, back and shoulder injuries.
"The direct impact on my client ... is yet to be determined," Manoukian said.
He takes issue with the brief supplemental report detailing the dismissal, noting that it listed Heinemann as one of the officers involved in the citation review. Swanger said she was consulted only as one of the two parties involved in the crash.
The police union defended Bruckert while working to stay within policies prohibiting public disclosure of personnel issues.
"It would be unfortunate, however, if the decision to void the citation negatively affects the relationship and trust the men and women of the Concord Police Association have worked hard to build within our community," union President Joseph Higby said. "Rest assured, our officers will continue to do the right thing."
The chief said he also couldn't comment further on similar personnel grounds.
"I am sorry there is a perception of special treatment in this incident," Swanger said. "I have tried in my first year here at this police department to make our agency transparent to all the citizens of Concord. I'm going to work even harder to make this department even more transparent next year."
Staff writer Paul Thissen contributed to this report. Contact Robert Salonga at 925-943-8013. Follow him at Twitter.com/robertsalonga.
Copyright 2011 - Contra Costa Times, Walnut Creek, Calif.
