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Shelton v. City of Manhattan Beach9/28/2004
ssed a willingness to order plaintiff to do so. Captain Marshall testified as to the following: "Q Did you tell [plaintiff] that, if he didn't put it in writing to the Chief, that you would order him to do it, or words to that effect? [ ] A I believe I did."
Plaintiff described the conduct of Officers Sellan and Eccles in a memorandum addressed to Chief Klevesahl dated August 22, 2001. Captain Marshall delivered plaintiff's internal complaint to Chief Klevesahl on August 23, 2001. The August 22, 2001, written complaint began by describing the dispute between plaintiff, on one hand, and Officers Eccles and Sellan the other concerning new department hires. Officers Eccles and Sellan were critical of the recent hires by the department. Plaintiff defended the recent hiring decisions. Both sides in the dispute vigorously disagreed as to the quality of the recently hired new officers. At one point, plaintiff stated: "I told Sellan that the people that are hired here are the best that the candidate pool has to offer and that all final decisions are made by the Police Chief. Furthermore, I told him that I had hoped to talk with him in an effort to help him to understand the process, although that was clearly not possible. I told Sellan that he needed to support everyone who works here in insuring his or her success. I told him we as a department have an obligation to help everyone succeed, not to contribute to anyone's failure. With that said, I told Sellan I expected he and Eccles to do just that[,] `support' every new hire and help them become the best they can. [ ] Sellan indicated he felt his feelings and comments were not going to change the hiring of the recent new hires. He said `you have a right to your opinion and I have a right to mine.' Sellan then said `Eccles and I are going to become [field training officers] and we'll take care of this situation at that time.' [ ] I told Sellan that I would do everything in my power to stop he and Eccles from becoming [field training officers] as long as they had the attitude they do. I explained that under no circumstances does this department want [field training officers] who predetermine whom they will allow to succeed in the patrol training program. I suggested that he look very seriously at his approach and try to change it quickly if his choice is to try to become [a field training officer]."
Plaintiff's August 22, 2001, internal complaint then stated that after the disagreement with Officers Sellan and Eccles the following occurred: "I believe Sellan and Eccles initiated the following rumors in an effort to discredit me as a person and to place discredit upon the people who I have processed to become police officers with our department. The most harmful of the rumors are: [ ] 1) I am `Gay' and the only reason [a certain recruit] was hired here is because his twin brother is my boyfriend. [ ] 2) I am a `faggot' and I am hiring all my little gay boys to be cops on our de
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