Huntington Beach K-9 Officer Jeff Huss received a
two-day suspension and was removed from the K-9 program for allegedly
leaving work 15 minutes early without obtaining permission from a
supervisor. The hearing was held before arbitrator Louis Zigman. Officer
Huss was represented by LDF panel attorney James E. Trott.
What made the case unusual was that immediately upon
the city presenting its evidence, the arbitrator, prior to Huss
introducing ANY evidence, stated, "I shared with counsel
that this case is .... I'm going to find in favor of the appellant on
the issue of the violation being none, based upon .... essentially on
Sergeant Evans testimony, and also, I guess, on the appellant's
testimony, because I heard his testimony, too."
The case stemmed from an observation made by Captain
E. McErlan on his way to work one morning. He observed a K-9 unit
traveling away from the police station at a time when most units were
headed in for the end of watch. Upon arriving at the station, McErlan
ordered one of the supervisors on duty to drive by Huss' residence and
see if the K-9 vehicle was parked there. (Huss lived in the city
approximately two miles from the police station.)
By the time the sergeant drove by, the shift had
ended. Undaunted, McErlan pursued the matter, claiming that Huss was on
his way home and not working. This position was strengthened by the fact
that shortly before end of watch, Huss stated to the dispatcher that he
was "outta here."
During the hearing Captain McErlan was asked if he
used his radio to check and see where the Huss unit was going, or if he
followed the K-9 vehicle to see if in fact Huss was headed home and no
longer working, despite still being on the clock. McErlan testified that
that was "not his job" and assigned the task to another
supervisor upon reaching the office.
Despite the fact that Huss, in an IA interview,
stated he was not at home, still monitoring radio until his shift was
over and the department did not have a single witness to counter that
evidence, the department still proceeded with a suspension and removal
from the K-9 program. As indicated, the case went no further than the
cross examination of the department's own witnesses and the hearing
officer did not require Huss to put on a single witness, ending the
nonsense at the earliest possible stage.
Huss never returned to the program, as his dog was
injured and retired before the hearing was complete. The policy in
Huntington Beach is that when the handler's dog retires, another officer
is given the opportunity to enter the program. Huss had worked the K-9
detail for several years.
