Wednesday, July 1, 2015

[San Bernardino County] Grand Jury acknowledges 'issues' with sheriff's seizure of impounded vehicles


SAN BERNARDINO — The San Bernardino County Grand Jury acknowledged "issues" Wednesday related to the Sheriff's Department and its seizure of vehicles later sold at lien sales, seemingly giving some credence to whistle-blower allegations that officials routinely flipped impounded vehicles for personal gain.
In its annual report, the Grand Jury recommended the Sheriff's Department "continue to monitor the towing issues" after jurors probed the department's policies and procedures regarding employees purchasing impounded vehicles that had been seized during an investigation.
But the surprisingly small focus within the 122-page report given to the alleged towing corruption did not indicate jurors found any specific wrongdoing, only pointing out that the Sheriff's Department "appears to be aware of issues regarding towing and sale of both towed and seized vehicles and has taken steps to resolve them."
Jurors said that an addendum had been added in February 2013 to one unspecified sheriff's station's Tow Service Agreement — the terms and conditions between them and tow companies — that appeared to directly address the allegations.
"All companies participating in the TSA will no longer be allowed or permitted to sell and or give vehicles, motorcycles, motorized vehicles and or any other property directly related to the towing businesses that are currently enrolled in the TSA to a Sheriff's Department employee and or their immediately family," the addendum read.
But the report also said this addendum has since been deleted.
In March 2014, the following revision was added to the department's manual: "... Deputy Sheriff's frequently seize the personal property of citizens. The act of seizing another's property is one of the most invasive and litigated activities by law enforcement. In order to avoid any appearance that a seizure was for personal gain, employees shall not possess property that has been seized by the department. This includes the purchase of seized property by a third party for an employee's use."
The report comes almost a year after a lawsuit filed by one retired and two current motorcycle deputies last working at the Victorville Station. In a court filing previously reported by the Daily Press, retired deputy Tim Jordan said he was retaliated against after he uncovered a systemic scheme sustained by close connections that was being covered up by higher-ranking officials.
The Sheriff's Department has denied all the allegations in the lawsuit in response.
Jordan alleges that while working as the administrative/detective sergeant at the Victor Valley Station in November 2010, he was tasked with serving a detective with a letter of reprimand for impounding a car during a search warrant and later buying the car from the tow yard during a lien sale, then giving the car to his daughter.
Then, in early 2011, Jordan said he unearthed that sheriff's personnel assigned to the department's narcotics unit would "routinely tow vehicles and 'flip' them by purchasing the vehicles at lien sales and selling them for profit."
Jordan alleges the father of a deputy was the owner of one preferred tow company, which would be called to retrieve a vehicle regardless of where the vehicle was located. The deputy's father would allegedly call deputies when the vehicle came up for lien sale and offer them the first chance of purchasing the vehicle, often at thousands of dollars below Blue Book value.
The Grand Jury report found that while TSAs specify using only the rotation for approved tow yards, "a station commander, his designee, a supervisor or a scene manager may request tow service outside the normal rotation."
Jordan contends he reported the wrongdoing to a lieutenant and was told he would be interviewed as part of an internal affairs investigation, but Jordan said no follow-up was ever performed. When he asked the lieutenant about it, the lieutenant purportedly said, "I was told in no uncertain terms that it's been handled and not to worry about it."
The lawsuit said Jordan was soon after transferred to the Victorville Station, assigned to work graveyard patrol and work weekends, which he felt was a punitive shift from his previous schedule — working days and having weekends off.
The lawsuit filed by deputies also refers to an alleged traffic ticket quota at the Victorville Station — a violation of state law if true — but the Grand Jury report does not address ticket quotas.
July 1, 2015
Victorville Daily Press
By Shea Johnson

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