Tokier Hearing To Resume Monday: After City's Case Collapsed, Lawyers called for 32-day delay!

 

The Palm Springs Weekly will be TWEETING live updates all day throughout the hearing until the conclusion.

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By Steve Grasha

Reporting from Palm Springs, CA - A personnel hearing that was open to the public began on Monday, May 23, 2011, and was expected to last 3 days in a case involving the termination of Palm Springs Police Lieutenant. Abraham Tokier who was fired by “Acting” Palm Springs Police Chief Al Franz a candidate for the permanent position created by the departure of David Dominguez after he was exposed for lying to the public and contradicting the sworn testimony of a Palm Springs Police Sergeant during a hearing in Superior Court.

Franz alleges that Tokier failed to obey a “Lawful Order” by not returning to the station by an arbitrally set time (7:30 PM) to turn in his city issued police gear after being placed on administrative leave. Tokier returned at 1:30 AM according to police testimony at the hearing.

The events unfolded after a Cathedral City Police investigation of reports of possible domestic violence at Tokier's home in Cathedral City. No evidence was submitted at Monday’s hearing that any domestic violence ever occurred in the Cathedral City incident. The case was filed with the DA by Cathedral City, the District Attorney who refused to bring charges against Tokier and the case was sent back to Cathedral City for lack of evidence.

Cathedral City Police maintain that the alleged victim has been “uncooperative”. Sources in Cathedral City have told The Palm Springs Weekly that the victim has been “completely cooperative” and that she was never harmed in any way by the 20 year Palm Springs Police veteran. Lake Havasu Police who interviewed the alleged victim also found no evidence or any sign of abuse.

When the Cathedral City Police originally spoke publically at a press conference, regarding the original allegations, they sparked a nationwide manhunt for a “Critical Missing Person” who was the “the victim of violent domestic abuse” only later to discover the allegations were bogus and nothing ever happened.

One police officer from Cathedral City told The Palm Springs Weekly that “They had walked so far over the line that they could not put the Genie back in the bottle” it appears, to maintain credibility they continue the official line that “ a violent assault took place” they just have no evidence to back-up the claim.

Sources with all police agencies that became involved in the investigation including Palm Springs Police, Cathedral City Police and Lake Havasu Police all admit that no evidence of any kind exists that suggests that an assault occurred as alleged by Cathedral City Police officials.

The Firing:

Acting Palm Springs Police Chief Al Franz said he fired Tokier not because of anything that happened in Cathedral City, only that “he refused to comply with a lawful order” while on administrative leave. Tokier was at his home in Lake Havasu when he was told to return to the Palm Springs Police Station by 7:30 PM on March 21^st. Tokier told the superior officer that it would be impossible to return that quickly and that he need at least 10 hours to get back to Palm Springs. He arrived at the station at 1:30 AM and turned in his city issued police equipment. Franz then notified Tokier of his intention to terminate Tokier.

A Lawful Order?

A respected attorney experienced in employment law said, “We frequently use the term insubordination to imply that an employee has not complied with a request from a supervisor. Making a legal case of insubordination requires the employee to have full knowledge of his/her action. Just telling an employee to do something does not mean that the employee received the message, understood the message, or understands the consequences from not complying with the message. Legal insubordination cases require a much higher threshold of understood evidence than the common term of simple insubordination. Supervisors must understand that difference to prevail in court cases of insubordination.

A charge of insubordination must show the following:

1. That the employee was given a clearly expressed direct order (preferably in writing, with a receipt of memo line signed by the employee and cc to personnel file).

2. That the employee understood the order given (acknowledged in the receipt of memo).

3. That the order was reasonable and work-related.

4. That the order did not place the employee in danger of his or her safety or health.

5. That the order did not violate any law or public policy.

6. That the employee was informed of the consequences of not obeying the direct order. The employee must be told that failure to obey the order will result in discipline up to and including termination.

Secret Tape Recordings and
Destruction of Evidence

It was inadvertently revealed at Monday’s hearing that all telephone conversations into and out of the Palm Springs Police Department are recorded on a sophisticated system made by Audix Corporation. After the police department witness realized that it was a mistake to admit to this, he attempted to back pedal.

When questioned further about whether such recordings were legal, one of the cities lawyers objected and blurted out that Tokier’s “council could put the chief in jail for illegal recording of telephone calls” but that line of questioning was not relevant to this hearing”.

The objection was sustained by the personnel committee chairman Bernard Sherwyn. Tokier’s attorney, Kasey Castillo questioned the Police Chief as to the whereabouts of the recordings involving the Tokier case the Chief admitted that he had destroyed them at which time, audible gasps could be heard from the audience prompting the chairman to call for order in the room.

After 8 hours of testimony, the attorneys for the city suddenly called for an end to the days preceding and requested a 32-day delay before continuing. The hearing had been previously scheduled to last 3 days.

The public hearing is scheduled to resume June 27^th With Abe Tokier taking the stand.