CANDIDATE CLAIMS RETALIATION SHERIFF'S CHALLENGER'S SUIT IN FEDERAL COURT.

Byline: TROY ANDERSON Staff Writer

It's a tale that combines corruption and cover-ups reminiscent of the 1973 movie ``Serpico'' with the legal twists of a modern-day ``Law & Order.''

In it, a veteran sheriff's sergeant and two-time sheriff's candidate claims he and his family have been subject to intimidation, threats and retaliation since he criticized Sheriff Lee Baca in a bitter 2002 election campaign.

It's not Hollywood drama, but a real-life case playing out in U.S. District Court in Los Angeles, where a March 6 trial has been set in the suit filed by Sgt. Pat Gomez, 48, of La Canada Flintridge.

Gomez's suit alleges he was denied promotion to lieutenant after he criticized Baca for using $2.4 million in public funds to buy an airplane and granting lucrative consulting contracts to retiring department executives.

Like Serpico?

The sergeant's attorney, Joe Freeman of Burbank, says Gomez's constitutional right to free speech has been violated. He compares the situation to that of Frank Serpico, a New York City detective who was subjected to threats and an attempt on his life after he exposed corruption in the police department.

``Sgt. Gomez said there was corruption of a different form -- feathering one's nest with luxury items such as a very expensive airplane and an inability or unwillingness to deliver adequate mental-health care to the mentally ill in the jail system who live in appalling conditions,'' Freeman said.

``I think it takes a certain amount of courage on the part of any individual in today's bureaucratic environment to say that the boss is wrong.''

But not everyone sees it that way.

While Baca declined to comment, sheriff's spokesman Steve Whitmore called the lawsuit frivolous.

``We look forward to telling the entire story. Once the entire story is told in the proper venue, it will be obvious as to the truth,'' Whitmore said.

May test ruling

Ultimately, the case is expected to test a U.S. Supreme Court ruling issued earlier this year which said public employees can be disciplined for internal statements made to supervisors in which they expose corruption.

That case involved Los Angeles County prosecutor Richard Ceballos, who claims he was retaliated against after he told his supervisors about police officer misconduct.

But Freeman said the ruling also found that public employees like Gomez continue to have a First Amendment right to publicly criticize the government, especially during an election campaign.

Bob Stern, president of the Center for Governmental Studies, said a similar situation occurred recently in Orange County, where a lieutenant who challenged Sheriff Mike Carona in the June election was subsequently disciplined.

``It is a trend that sheriffs are coming down hard on subordinates who run against or campaign against them,'' Stern said. ``The question, of course, is whether this is appropriate.

``Obviously, most people would say you should be allowed to criticize a government agency -- up to a point. You obviously shouldn't divulge confidential information. But we do believe in free speech in this country.''

Gomez says the saga began before the 2002 election when Undersheriff Larry Waldie ordered Gomez's captain to investigate statements Gomez made during an off-duty news conference about perceived deficiencies in inmate care.

In a deposition, retired sheriff's Capt. Rufus Tamayo testified that Waldie ordered the inquiry because Gomez ``embarrassed the boss.''

In a separate deposition, Waldie denied making the request or comment. He declined to comment for this story.

Gomez cleared

The investigation ultimately found Gomez had done nothing wrong, Freeman said.

On June 6, 2006 -- the day Baca was elected to a third term -- the sheriff instituted a policy that holds employees accountable for saying or doing anything that damages the reputation, erodes the public's confidence in or causes the department ``undue embarrassment.''

Office of Independent Review Chief Attorney Michael Gennaco, who is investigating some of Gomez's allegations, confirmed the policy is in effect.

On July 9, Gomez -- who ran for sheriff in 1998 and 2002 -- was involuntarily transferred from his job downtown training jail deputies to a facility in Whittier, Freeman said.

Gomez now oversees a program to educate children about the dangers of drugs, forcing the 26-year sheriff's veteran to commute an extra 50-60 miles to work and spend less time with his family, Freeman said.

``It's pretty sad that they have to stoop to such levels to not only come after me, but my family and my children,'' Gomez said in an interview.

Last month, Gomez sent letters to Baca and the U.S. Attorney's Office, seeking investigations into what he said have been threats against his family.

The letter said Gomez's family had been threatened Oct. 5 by a caller who said he was a Los Angeles police officer, that he knew details about Gomez's family and that there were ``consequences'' for his actions.

At Baca's request, Gennaco said he is investigating the allegations in Gomez's letter.

Gennaco said he also plans to take a ``fresh look'' at a complaint Gomez filed in 2004, saying his wife had been threatened.

In that incident, Ana Gomez alleged she was approached by a custody assistant -- a director at the Professional Police Officers Association -- who told her: ``The department and PPOA are working together, and they are going to destroy Pat. They are going to see to it he loses his job. They are also going to come after you and your job. Your children are in danger, too.''

Ana Gomez said the custody assistant also suggested she rent the movie ``Serpico.''

In a March 2005 letter, Capt. Karyn Mannis wrote that the sheriff's Internal Affairs Bureau was ``unable to substantiate that (the custody assistant) violated any of our department's policies and procedures.''

On another occasion, an unidentified individual called Gomez's home and told his wife, ``Listen to your heart beat for the last time,'' Gomez said.

Gomez's wife has been on stress-related leave from her job as a custody records clerk since 2005, according to documents.

Sheriff's Sgt. John Stites, president of the 7,500-member PPOA, confirmed the custody assistant is a director at the association but said she did not threaten Gomez's wife.

Stites said the altercation between the women came as Pat Gomez was being removed as president of the PPOA for refusing to provide information on his spending account and trying to oust the union's executive director.

For his part, Gomez said he submitted all his financial reports and attempted to replace the executive director because he ``wasn't doing his job.''

In October 2004, two months after he was voted out, Gomez filed suit against PPOA, claiming he was improperly terminated because he questioned possible financial improprieties.

In his federal suit, Gomez also alleges that despite previous outstanding performance evaluations he was denied a promotion to lieutenant in 2000 after criticizing Baca during the election campaign.

`Not in my lifetime'

After the election, sheriff's Chief Michael Arranda recommended Gomez be promoted to lieutenant, but Waldie told him, ``Not in my lifetime,'' according to the lawsuit.

Waldie testified no one at the executive meeting seconded the recommendation to promote Gomez.

How the case eventually is resolved in court could have ramifications for a broad range of public employees and reframe issues of free speech.

``It's pretty clear that (Gomez) does have protections for speech made in the course of a campaign, and that it's a matter of public interest,'' Freeman said. ``By happenstance, the (law firm) defending the Sheriff's Department in the Gomez case -- Franscell, Strickland, Roberts & Lawrence -- are the ones who got the U.S. Supreme Court decision last summer.

``The ruling protects public criticism of the government, but not internal criticism, which seems strange because you would think at first blush that before dirty laundry is washed in public that it would be nice to try to resolve issues within the department itself so they don't become matters of public concern.''

troy.anderson(at)dailynews.com

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Photo:

L.A. County sheriff's Sgt. Patrick Gomez claims he has been the target of death threats and intimidation ever since he criticized Sheriff Lee Baca during the 2002 sheriff's race.

Hans Gutknecht/Staff Photographer