Cop claims retaliation for whistle blowing
DOWNTOWN Capt. Mark Smiley, a 26-year-veteran of the Santa Monica Police Department and the former commanding officer of the Office of Special Enforcement, has filed a multi-million-dollar lawsuit against City Hall and his superiors for allegedly orchestrating a smear campaign against him.
Smiley, who has been on paid leave since November 2007 pending the results of a criminal investigation, claims SMPD Chief Timothy Jackman and SMPD Deputy Chief Phil Sanchez falsely accused him of lying about the number of hours he worked, resulting in the misappropriation of city funds in the amount of $58,000.
Smiley is seeking at least $10 million for damages suffered, which include humiliation, embarrassment, mental anguish and damage to his reputation, according to a complaint filed Tuesday in Los Angeles Superior Court.
Smiley claims Jackman and Sanchez retaliated against him after he sent an anonymous “white letter” to the mayor, city manager, assistant city manager and the city attorney that said Sanchez ordered an officer, while on duty, to complete course-work for him as he sought a master’s degree. Smiley also said Jackman and Sanchez viewed Smiley as a threat after he expressed discontent over Jackman’s and Sanchez’ alleged unwillingness to take notes at meetings and “maintain transparency in the SMPD’s adoption of policies and procedures.”
Smiley was a candidate to become the next chief of police, along with Sanchez and former Capt. Jacqueline Seabrooks, who now heads the Inglewood Police Department.
Representatives from City Hall could not be reached for comment, but have said in the past that they are in full support of Jackman and the SMPD.
Clifford Pearson, the attorney representing Smiley, would not comment on the lawsuit, saying the complaint “speaks for itself.” Pearson is working with attorneys Thomas Girardi and Robert Baker.
Girardi is considered one of the nation’s top trial lawyers who has obtained numerous multi-million dollar verdicts and settlements, handling cases involving wrongful death, commercial litigation, products liability and toxic torts.
He represented 650 residents of Hinkley, Calif. in a toxic tort case against Pacific Gas & Electric that resulted in a settlement of $300 million. The case was made famous by the film “Erin Brokovich.”
Baker represented O.J. Simpson during his civil trial in Santa Monica.
In the complaint, Smiley said since Jackman was hired in November 2006, he and Sanchez attempted to reduce or eliminate Smiley’s influence over SMPD policies and procedures, as well as upon SMPD officers. Once they discovered Smiley was the author of the white letter, they notified the Los Angeles County Sheriff’s Department about the alleged misappropriation, according to the complaint.
Smiley claims his position was an exempt, salaried position and that he was not required to record hours worked.
He goes on to say in the complaint that he was given no detailed explanation as to why he was being put on administrative leave and still doesn’t know even though the SMPD has had seven months to rummage through Smiley’s e-mails, personal computer, time sheets and personnel records.
A spokesman for the Sheriff’s Department confirmed it is investigating the allegations against Smiley, but would not comment further, referring all questions to City Hall.
To humiliate him, Smiley said Jackman had two uniformed officers confront him in front of his co-workers and escort him to the locker room in the Public Safety Facility where he was ordered to disrobe and turn over his police-issued uniform in the presence of other officers.
Smiley was also ordered to give up his badge and gun and his name was taken off of his office. Police caution tape was placed on Smiley’s door, according to the complaint.
Smiley was immediately escorted from the SMPD station by other officers in a cop car and transported to his home in Moorpark where a tow truck was waiting to confiscate his police motorcycle in the presence of his children and neighbors, according to the complaint.
All employees were then allegedly instructed by Jackman and Sanchez to not speak with Smiley because he was under investigation.
Smiley also contends Jackman and Sanchez have interfered with the Sheriff’s Department’s investigation by withholding or ignoring evidence that would prove Smiley fulfilled his obligations to the police department and that his attendance records were similar to other managers in the SMPD who were not criminally or administratively investigated.
When he was put on leave, Smiley was in charge of the Office of Special Enforcement, which includes Traffic and Special Operations and is the largest of the department’s four offices, with 200 personnel and a budget of more than $26 million, according to the SMPD’s Web site.
Smiley briefly served as one of three interim chiefs while City Hall searched for a replacement for former Chief Jim Butts, who left the post in 2006 to head security for Los Angeles area airports.
Smiley also spent two years as the commander for the Internal Affairs Division, working directly for the chief of police.
He joined the department in 1982 and spent 12 years as a police officer before being promoted to sergeant in 1994, according to the department.
In 1998, after being promoted to lieutenant, he was appointed to lead a multi-jurisdictional task force of 50 agencies and groups to stymie gang warfare, which had erupted in and around Santa Monica, resulting in a flurry of shootings and deaths.
Smiley also held positions in Special Enforcement, Traffic, Patrol and Internal Affairs before being promoted to captain nearly six years ago.
As captain, he has held positions in Criminal Investigations, Special Enforcement and Operations, where he served on numerous committees and work groups related to homeless issues.
He worked closely with city staff including the City Manager’s Office and Community and Cultural Services, in bringing about education, prevention and enforcement efforts associated with homelessness, according to the SMPD’s Web site.
Working with the city’s homeless czar, Ed Edelmen, Smiley helped establish a separate court in Santa Monica to connect the homeless, drug-addicted and mentally ill to services.
Smiley has been a staunch supporter of the Police Activities League, helping to raise funds. He also chaired a committee of more than 50 volunteers for the annual Ricardo Crocker Memorial Golf Tournament.
Smiley holds a bachelor’s degree in Public Administration. He is a graduate of the POST Command College, Class 29. He is also a graduate of the 202nd FBI National Academy.
Originally published in the Santa Monica Daily Press print edition on July 17, 2008. Read the original PDF.