Judge Finds Officer’s Free Speech Right Was Violated

LONG BEACH —  Police Chief Lawrence Binkley violated an officer’s right of freedom of speech when the chief reprimanded the officer for writing a critical letter to a newspaper, a federal judge in Los Angeles has ruled.

Officer Greg Roberts’ letter to the Press-Telegram last October was an “expression fully protected by the First Amendment,” U.S. District Court Judge Ronald S.W. Lew wrote in his opinion. The case is scheduled to go before a jury Sept. 18 to determine damages.

Roberts’ letter, which was published Oct. 17, said “incompetent police management” was responsible for inadequate patrol staffing. Binkley reprimanded Roberts, saying the letter violated department rules against insubordination and brought the department into disrepute.

In his ruling, Lew said that employees can’t be disciplined for speaking out on matters of public concern and that the officer’s letter “clearly regards a matter of public concern.”

Police response time “is a matter of great public concern,” the judge wrote. The April 4 ruling was released last week by the officer’s attorney.

The chief declined to comment last week, noting that other lawsuits are pending. In the past, he has argued that officers with complaints should go through the chain of command and not air their grievances in public.

Roberts was one of at least eight officers who were reprimanded, investigated or threatened with an investigation last year after making public comments on the department or its management. At the time, Binkley and the police union were entangled in a bitter contract dispute, and both sides frequently tossed barbs at each other.

Roberts and three other officers filed lawsuits against Binkley and the city. Roberts’ lawsuit is the first to be heard in court.

The officer is seeking unspecified damages and is asking that the reprimand be removed from his personnel records. His attorney, James E. Trott, said he hopes the two sides will settle before the jury trial. Attorneys for the city could not be reached for comment.

The ruling was hailed by Mike Tracy, president of the Police Officers Assn. “It’s critical to the public interest that officers not be censored,” he said.

The lawsuits appear to have halted the policy of investigating officers’ public comments. Union leaders said they have not heard of any such cases since the first lawsuit was filed Nov. 3 by a dispatcher who was also reprimanded for writing a letter to the Press-Telegram.

City Manager James C. Hankla said he did not know whether there has been a change in policy but hinted that if not, one may be forthcoming.

“Nobody tried to implement any Draconian measures,” Hankla said. “(But) if the court feels it was an infringement, then the best response to a letter to the editor is a letter to the editor.”