TRANSFER FROM K-9 UNIT
OVERTURNED BY ARBITRATOR
Arbitrator Lawrence Corbett recently ruled that Oakland Police
Officer Craig Chew was improperly removed from the Canine Unit. He
reminded the City that; "not only have there been no complaints
sustained with respect to Officer Chew, there is no way of retroactively
reconstructing and investigating each incident."
The City's case boiled down to its essence was; "where there's
smoke, there's fire." The Police Chief testified that when he was
hired, he was told that the development of practices and procedures to
avoid lawsuits was one of the most important aspects of his position.
The City looked to past and pending lawsuits but provided no credible
evidence that Chew was found to be liable or that his actions cost the
City any settlement money.
The City also presented a plethora of statistics comparing Chew's dog
bites with other officers. They failed to present any witnesses to
testify whether or not the bites were justified.
In the end, Arbitrator Corbett found that there was no proof of abuse
in the use of force by Chew. He did recognize that the City has the
right and the obligation to investigate and remedy Chew's proved
deficiencies when and if they can be ascertained. The award ordered Chew
returned to the Canine Unit.
Chew was represented by Ron Yank of Carroll, Burdick & McDonough.
