The Los Angeles County Sheriff’s Department is poised to demote a sergeant, saying he “spread rumors and/or rumors” when he shared a copy of a complaint filed in 2021 accusing a higher-up department official of discrimination.
Sgt. Rosa Gonzalez – who successfully sued the county for whistleblower retaliation in 2015 – said she was moved to a less prestigious position after her grievance accused the head of the Bureau of Personal Administration of discrimination against women, whistleblowers and people who are considered to have autism.
She first went public with her allegations two years ago in a lawsuit, which is still pending. The lawsuit has resurfaced as the Los Angeles County Sheriff’s Department considers whether to cut him loose.
His case has caused controversy in the ranks. Although the department seeks to discipline dozens of deputies every quarter, the disciplinary review data is sent online showing demotions is not common. Over the last three calendar years, data shows the department has only sought to demote five sergeants.
Gonzalez deferred to his attorney, Vincent Miller, for comment. Miller made the move to downsize his client a sign of the problems he carried over from the past administration.
“The county cannot blame a rogue sheriff for unconstitutional policing practices,” Miller said. “Retaliation against whistleblowers has happened before (Alex) Villanueva was sheriff and it happened after he was elected.
In an emailed statement, the Sheriff’s Department said it is investigating all allegations of discrimination and wrongdoing.
“The department is dedicated to fostering a fair and productive environment for all employees, including ensuring that whistleblowers are protected under the law, and that allegations are thoroughly investigated,” the statement said. “The department has established policies that prevent and protect individuals from various forms of discrimination, harassment, retaliation, and inappropriate conduct.”
A few years after joining the Sheriff’s Department in the mid-2000s, Gonzalez became a patrol deputy at an East LA station. The station became known as the home of the so-called vice gangs as Banditos. Its members have sequentially numbered tattoos, each displaying a the skeleton is equipped with a sombrero, a bandolier and a pistol.
In 2015, Gonzalez filed a lawsuit claiming Banditos had undue influence over the station and that they created a culture of misogyny there. She said she would face retaliation after making complaints of gender discrimination, and said the tattooed Banditos had retained dangerous phone backups.
The district denied the allegations, however, in 2019 settled the case for $1 million. He continued to work for the department and the following year was promoted to sergeant.
Then in the summer of 2021, Gonzalez was assigned to the Bureau of Personnel Administration, which handles hiring, promotions and transfers in the department.
Gonzalez said he found potential problems with the way the bureau was run. In one instance, her suit alleged, a bureau chief forced a woman to move because she said she was “not young.” In another case, he allegedly hired an applicant because he was attractive and male and then refused to hire another applicant because he “might be autistic,” the suit says. In another case, the suit accused the bureau chief of denying a deputy a promotion because he sued the department over the 2018 Kennedy Hall incident.
Aside from the hiring concerns, Gonzalez also accused the head of the bureau of committing time card fraud, misusing donation money and conspiring to allow cheating in the promotional exam.
In October 2021, he filed a long grievance accusing the bureau chief of illegal hiring practices, retaliation and several other issues.
After consulting with her union attorney, Gonzalez sent a copy of the grievance to the alleged victim mentioned in the. After that, a commander verbally warned him to do so. A few weeks later, Gonzalez learned he was being investigated by the Internal Affairs Bureau. In early 2022, he filed a lawsuit.
Capt. Yvonne O’Brien – who was in charge of the personnel bureau at the time – declined to comment, citing pending litigation and the fact that she was still with the department. But former Sgt. Carmen Arballo, O’Brien’s number two at the time, has since retired.
Arballo told The Times that hiring and permanent promotion decisions are not solely at the discretion of the personnel bureau. And in the end, Arballo said, the department decided the allegations Gonzalez raised – both about him and O’Brien – were unfounded.
“The department found that to be untrue,” Arballo told The Times. “It’s very frustrating and frustrating that this comes up again every six to eight months.”
In January, department officials sent Gonzalez a six-page letter saying they wanted to fire him because he “spread rumors and/or rumors” and “brought discredit” to the department when he shared a grievance that contained “personal information” and “factors which has nothing to do with unfair hiring practices.
In doing so, the department said, they failed to properly report discrimination, and instead violated several policies related to harassment, inappropriate behavior and general behavior.
Last week in an email to The Times, Sheriff’s Department officials said they are referring potential Equity Policy Violations — usually allegations involving discrimination or harassment — to an independent panel for review. The panel recommended action and, in this case, the department accepted and moved forward with the demotion.
But Miller, Gonzalez’s lawyer, downplayed the idea that an outside panel would be able to make recommendations that he already knew.
“They can only make decisions based on what the department chooses to send,” he said, saying the department never investigated Gonzalez’s grievance in the first place. “However, LASD demoted Sgt. Gonzalez based on lying to LASD that all whistleblowing was a rumor,” he said. “They will use it on every whistleblower who comes forward.”
At hearing last month Gonzalez made an argument why he shouldn’t be demoted. As of Monday, he was still waiting for the results.
