Topline:
The California Highway Patrol lost an effort to fire one of the officers it caught billing the state for overtime hours they didn’t work at a Los Angeles station.
The backstory: On Sept. 17, 2017, California Highway Patrol officer Nathaniel Partridge checked in his patrol car almost four hours before his shift ended and drove 35 miles home. That day, and on at least two other occasions, he was paid overtime for the hours he didn’t work. Partridge wasn’t alone. Dozens of CHP officers at an East Los Angeles patrol division routinely did the same while working traffic enforcement details on highway construction sites. On paper, the practice had been forbidden for five years, but no one objected until a 2019 audit.
More details: This week, after Partridge’s case lingered for six years through state personnel hearings, a Justice Department investigation and trial court, a California appeals court found that a one-year suspension without pay was appropriate discipline, over the objections of the California Highway Patrol, which wanted him fired.
Read on... for more on the court ruling.
On Sept. 17, 2017, California Highway Patrol officer Nathaniel Partridge checked in his patrol car almost four hours before his shift ended and drove 35 miles home. That day, and on at least two other occasions, he was paid overtime for the hours he didn’t work.
Partridge wasn’t alone. Dozens of CHP officers at an East Los Angeles patrol division routinely did the same while working traffic enforcement details on highway construction sites. On paper, the practice had been forbidden for five years, but no one objected until a 2019 audit.
“I took the chance to go home and would fall on the consequence if I was called back,” Partridge told CHP investigators, according to court documents.
The result was the smallest patrol division in Southern California running up an overtime tab that was three times that of the region’s largest division, according to the internal audit. That finding led CHP to drop the hammer on the East LA station 2020, when it moved to dismiss dozens of officers, including Partridge.
This week, after Partridge’s case lingered for six years through state personnel hearings, a Justice Department investigation and trial court, a California appeals court found that a one-year suspension without pay was appropriate discipline, over the objections of the California Highway Patrol, which wanted him fired.
David Mastagni, Partridge’s lawyer, said the ruling “reflects fundamental fairness.”
“Accountability and second chances are not in conflict,” Mastagni said.
No one — not CHP administration, the personnel board, nor the officer himself — dispute what happened: Partridge was paid $288.98 for three hours and 45 minutes of overtime he didn’t work, which investigators alleged was part of a long-running grift at the East LA station to fabricate overtime hours.
Partridge and dozens of other officers were fired in 2020, according to the appeals court decision.
In February 2022, Attorney General Rob Bonta filed a total of 302 criminal counts against 54 officers, alleging they had collectively defrauded the public of more than $200,000.
Those charges didn’t last long. In December 2022, a Los Angeles Superior Court judge offered the officers a deal: Their charges would be reduced from felonies to misdemeanors and then dismissed if they repaid the money.
Fifty-two officers took that deal, The Sacramento Bee reported at the time.
The Highway Patrol called Partridge's actions “inexcusable neglect of duty, dishonesty (and) misuse of state property” when the organization fired him. When Partridge appealed, the State Personnel Board said it was “self-enrichment at the expense of the public’s trust,” but handed down a one-year suspension instead.
Partridge’s bosses found that discipline insufficient, and the CHP asked a California district court judge to override the suspension and reinstate the firing, saying the personnel board abused its discretion in reducing the penalty. The judge denied that petition, siding with the personnel board.
According to his superiors quoted in court documents, Partridge was a good cop. His evaluations recommended him for promotion and his disciplinary record was clean. But the administration at the California Highway Patrol argued at the State Personnel Board and in court that his conduct compromised his integrity.
This week, California’s 2nd District Court of Appeals agreed with the district court judge: The State Personnel Board didn’t overstep its bounds in handing down a one-year suspension.
“A reasonable decisionmaker could have dismissed Partridge, and a reasonable decisionmaker could have—and did—impose a one-year suspension without pay,” the court found.
This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.
