Metro cop fired under new policy of truthfulness

Keith Paul

Friday, June 8, 2001 | 11:30 a.m.

A Metro Police detective, fired Thursday after officials claim he lied during an internal investigation into a minor off-duty traffic accident, is the first officer to be terminated under the department's enhanced truthfulness policy.

Detective Frank Hernandez was informed Thursday of Sheriff Jerry Keller's decision to fire him after a pre-termination board recommended the same after a hearing earlier this week.

But Hernandez's attorney questioned whether the firing of Hernandez fits with the goals of the new policy, which was enacted this year.

"I don't think there was clear and convincing evidence Frank was untruthful,"said Kathy Werner, an attorney for the Police Protective Association, which defended Hernandez. "In theory, we do not disagree with the truthfulness policy, but looking at this particular case, I don't think this is the goal the department is trying to accomplish."

Undersheriff Richard Winget would not discuss details of the incident, but he said Hernandez, who had been a detective in the vice and narcotics bureau, was determined to be untruthful in some of his statements during the internal investigation regarding his conduct during the incident.

"It was revealed he made untrue statements, and by our disciplinary matrix, when you are dishonest, you will be fired," Winget said.

An internal investigation ruled Hernandez, 32, was untruthful, and after hearing the case a pre-termination board determined the firing was warranted based on the facts.

Hernandez was placed on paid leave after the internal investigation ruling, which was released in late February. Werner said she would appeal Hernandez's firing to an arbitrator.

"Truthfulness is a cornerstone to function as a police officer, whose word puts people in jail and prison," Winget said. "If an officer cannot be trusted to speak the truth, then he should not have the authority and power to put people in prison."

Werner said what occurred during the minor accident on Nov. 25 on the Strip was open to interpretation. Werner said it was not fair to rule Hernandez was untruthful when he was questioned about a minor traffic accident three months after it happened, and then fired because of his answers.

Hernandez, an officer for seven years, was involved in an accident while off-duty that Saturday night. He and the other driver pulled into a parking lot, and there was a disagreement over who was responsible, Werner said.

Werner said voices were raised on both sides, but she said no profanity was used and Hernandez left the scene because he knew that no citations would be issued. He told the other driver he was an officer and that the motorist could go to a substation if he wanted a report.

When Hernandez left he called his supervisor, but he was called back to the scene when an another officer showed up. The other driver involved had already left, Werner said.

The other driver, however, called 911, and Hernandez could be heard on the tape.

"In my estimation, it was not a calm situation. On the other hand, that could have been said of all the individuals involved," Werner said. "It's a fair statement to say both drivers were agitated."

Werner said that a woman who was in the car with the other driver said the man only filed a complaint with internal affairs because he hoped to be reimbursed for the damage to his car.

Keller sent an order, dated Dec. 13, that, in part, read: "Failure to be truthful in any matter that impacts on the integrity of the department or its members is unacceptable behavior and will not be tolerated."

All Metro officers and civilian employees were required to acknowledge, in the form of their signatures, that they received and understood the order, which went into effect Jan. 1.

Werner said department officials were trying to prevent problems in the department, such as the pattern of corruption uncovered in the Los Angeles Police Department Rampart section.