Concord Cop Gives Off-Duty Police Lieutenant a Ticket, Captain Voids it “In the Interest of Justice”

November 29, 2011 17:15 pm · 321 comments

On October 7th at 8:37am, an off-duty Concord Police Lieutenant was issued a citation by a Concord Police Officer for the Lieutenant’s role in a traffic collision on Galindo Street, directly in front of the Concord Police Department.

The off-duty Lieutenant, identified by the City of Concord as Robin Heinemann, was responsible for the collision, according to the City Attorney’s Office.

The collision report states, according to sources, that Lt. Heinemann was making a left turn into the Police Department’s Driveway from Galindo when she failed to yield to oncoming traffic, causing a two-vehicle collision.

Lt. Heinemann was then issued a citation by Officer Ron Bruckert for violating vehicle code section 21801a (failure to yield to oncoming traffic during a left turn movement).

Ten days after the citation was issued to Lt. Heinemann, it was voided by Concord Police Captain David Downing. In a supplemental report, which was viewed by Claycord.com, Downing states “After conducting a review with Off. Bruckert, Sgt. Nunes, Lt. Graham & Lt. Heinemann concerning the accident, I decided to rescind the citation (#32-669043) to driver #1 in the interest of justice.”

Captain David Downing was asked what he meant by “in the interest of justice“, and although he acknowledged our request for a comment, he did not answer the question.

Claycord.com also tried to obtain the full report and the voided citation, but was denied by the Concord City Attorney’s Office. Concord Police Chief Guy Swanger was also contacted, but claimed the City Attorney’s Office had already answered our question.

According to the California Courts website, the fine for a failure to yield to oncoming traffic citation is about $234.

{ 321 comments }

1 Claire Voyance November 28, 2011 at 12:19 PM

DISTRIBUTE THIS ARTICLE AT ALL TRAFFIC COURTS. SERIOUSLY.

2 Anon2 November 28, 2011 at 12:19 PM

I know that “in the interest of justice” is one of the boxes the District Attorney’s Office can check if the Office doesn’t want to pursue a case. I didn’t know that a Police Captain has the same authority.

3 V November 28, 2011 at 12:22 PM

isn’t that the same person (Lt. Heinemann) who was involved in a sexual harassment complaint earlier this year??? I wonder if the city was trying to avoid another lawsuit?? Curiouser and curiouser……..

4 Anon777 November 28, 2011 at 12:22 PM

This is BULLSH!T!! Take your knocks like everyone else you cry-baby knucklehead POS! Captain David Downing gets the DUNCE cap for today!

5 the Shi ite November 28, 2011 at 12:23 PM

Is She the African-American Officer? She gave me a ticket for looking at her, oh and I was pulling out of a parking lot without a seatbelt.

Was She using Her cell phone when incident happened? I know, I know – Police are exempt from that law, Just Saying.

Officer Bruckert is a stand up guy, nice to see that He doesn’t discriminate.
The only reason it was rescinded is because the City doesn’t want another Lawsuit.

6 Come on Robin!!! November 28, 2011 at 12:24 PM

Jeeze what BS! Heinemann is always getting into trouble and causing problems! Its about time to fire her ass!

7 Come on Robin!!! November 28, 2011 at 12:26 PM

@the Shi ite Heinemann is white and causes a lot of problems for the city and the department.

8 Claire Voyance November 28, 2011 at 12:28 PM

How many other traffic tickets have been voided “in the interest of justice?”

Could be a huge scoop for a reporter.

9 TinFoiler November 28, 2011 at 12:29 PM

If this were the private sector, Her azz would have been without a job after the first lawsuit. Occupy the Police Department :)

Pay up. You can dish it out to everyone else, but now you don’t want to pay your dues.

10 mom November 28, 2011 at 12:30 PM

A moving violation for her insurance record … certainly deserves it, as well as the ticket fine and all the other fees!! Was she running late for her shift?

11 jtkatec November 28, 2011 at 12:31 PM

If I was one of the driver’s involved in the collision, I would be looking to file a civil lawsuit.

She failed to yield to oncoming traffic. She was acting under the color of authority and disregarding those laws she is supposed to be upholding.

She has been named in a sexual harrassment complaint.

She has filed and won a sexual harrassment complaint.

Does she hold the opinion that she can not be touched?

12 JayR November 28, 2011 at 12:31 PM

In the interest of justice…all citations should be voided. Justice for all.

13 figures November 28, 2011 at 12:32 PM

In the interest of justice??? What the heck is that? How could it NOT be her fault? That is just rediculous!

14 Dee November 28, 2011 at 12:33 PM

Sorry this is just wrong in so many ways. SHE was the cause of the accident that damaged peoples property and should have the citation stand and be paid by her as well as her insurance bump as they will be paying for the damage done. What the hell makes her so special? What if people involved were seriously injured?? Would it be voided then too? She as well as the Captain that voided it should be out of there….now

15 Nutcreek Frontier November 28, 2011 at 12:34 PM

I am a big supporter of law enforcement, bu this article is troubling. Officer courtesy is one thing, but if an off-duty police officer was at fault in an accident, why should she skate? The left hand turn failure to yield ticket is usually a no-brainer.

16 Hmmmmm November 28, 2011 at 12:35 PM

Is there a number that can be called to complain about this unequal treatment?

17 Just sayin` November 28, 2011 at 12:35 PM

Mayor, drive the speed limit if you continue these stories.
The Cops will be looking to pay you back.
With your own ticket….(maybe you know someone who can void it too)

18 it figures November 28, 2011 at 12:36 PM

If I were the other driver, I would be suing her ass!!!

19 Socbeck November 28, 2011 at 12:37 PM

We don’t really have a say in anything that goes on do we?

20 Isn't this the woman who has November 28, 2011 at 12:38 PM

sued the city for sexual harassment twice and won both? Now, allegedly, she causes an accident and walks on that as well?

The “interest in justice” is more about avoiding another sexual harassment law suite.

This is not the sort of character and values we look for in a police officer.

21 Robert Taylor November 28, 2011 at 12:41 PM

If you are responsible, then you are responsible. This officer should have had to pay the fine just like the rest of us. Being a cop shouldn’t mean you are above the law. (Only our politicians are above the law. LOL!)

22 Anon2 November 28, 2011 at 12:43 PM

Mr. Mayor-
The City Attorney has to let you know why he is denying your request for a public record. What exemptions is he claiming?

Too many city attorneys don’t seem to understand what records are public, or they think they are above the law (kind of like the Police Captain and Police Lieutenant).

23 Robert Taylor November 28, 2011 at 12:44 PM

@Anon: This is a traffic violation. Usually the DA has nothing to do with these things. Someone gets a ticket and goes to court if they want to fight it. Then the officer appears in court as a witness. Otherwise the person is found guilty and pays the fine.

24 Kmomma November 28, 2011 at 12:46 PM

I smell a Civil Suit , and a LOT of complaints. Will be interesting what Concord PD has to say….. do the crime pay the time? Right??

25 mother of poo November 28, 2011 at 12:46 PM

Absolute power corrupts absolutely.

26 CLAYCORD.com November 28, 2011 at 12:47 PM

@Anon2, The City Attorney’s Office did tell me why they denied the requests. They gave me two very long reasons.

27 Anon2 November 28, 2011 at 12:47 PM

@ Robert Taylor-
I know this is a traffic violation and I know how the traffic courts work. I just didn’t know that the “in the interest of justice” excuse is available to Police Captains like it is to District Attorneys in the cases they may not want to pursue.

28 MikeT November 28, 2011 at 12:48 PM

Where can I get in line to get my tickets swept clean?

29 Anon2 November 28, 2011 at 12:51 PM

@Claycord.com (aka Mayor) -
You might want to contact the California First Amendment Coalition and see what advice they can give you. They have a book called “The Right to Know – A Guide to Public Access and Media Law” that is jointly published by the First Amendment Coalition and the California Newspaper Publishers Association. It’s a really good resource and one that our Contra Costa County district attorneys refer to when they don’t know the answer.

30 CPD Coverup? November 28, 2011 at 12:51 PM

I have called the professional standards officer a number of times to complain about this and ask if I got a ticket would Capt. Downing void my ticket also.

The professional standards officer refuses to answer his phone and won’t return any of my messages.

31 Rico November 28, 2011 at 12:51 PM

If I was the driver who was hit by Lt. Heinemann, I would solicit the help of my insurance company in rectifying this. By not finding her at fault the other driver may be subject to increased premiums as well as exposure to having to pay some or all of the deductible. If the insurance company is presented with this info they may have a problem in having to pay out on a claim that should be 100% the responsibility of the off duty officer. As a new police chief, shame on you for this cronyism.

32 anonymous November 28, 2011 at 12:53 PM

Be interesting to know if Bruckert ever cited any other cops in accidents or just one that he perceives as an enemy. While we’re at it, hows his overtime doing, or maybe he doesn’t want to talk about that.

The interest of justice could certainly mean that Officers are found at fault in collisions but usually not cited, just like other folks.

Tell us, Bruckert, have you ever cited another cop? Have you?

33 TinFoiler November 28, 2011 at 12:54 PM

This was probably to save Her job. If Her job involves driving which would require a good driving record, unless, based on the comments she’s a desk cop – for good reasons I gather. I don’t think She’s stable to be on the streets.
That’s why I warn people about willingly going through DUI Checkpoints. What if the Officer is Bi-polar or just having a bad day?
Is the insurance now going to bail on helping the injured party because of this?

34 HAHAHA November 28, 2011 at 12:55 PM

sucks to be her, i’d hate to get embarrassed like this especially if i was cop

35 CLAYCORD.com November 28, 2011 at 12:55 PM

@anonymous, I’m not sure about other cops, but Officer Bruckert did cite City Manager Ed James a few years ago for jaywalking. As far as I know, James paid the fine.

36 CK November 28, 2011 at 12:55 PM

The City Attorney doesn’t want to get involved. He’s preparing for his move to Albany.

37 whatever November 28, 2011 at 12:56 PM

There is no time to be spent in jail, there is no jail time at all. There was a traffic collision, yes. Just because the citation is issued doesn’t mean the insurance won’t cover the damages of the collision.

The other person involved will have their damages paid by insurance because Driver #1 is still at fault, no matter what you put on paper. This stuff happens, which is why it is called an accident.

In conclusion:

* Driver #2 will still be compensated
* Driver #1′s insurance will cover the compensation
* Case closed, everyone moves on and the future will tell what happens next

Just stop complaining and live with it. It’s done, what are you gonna do about it.

38 anonymous November 28, 2011 at 1:01 PM

Please read #37s explanation its better then I could have said it.And thats saying something

39 jtkatec November 28, 2011 at 1:05 PM

to whatever: It’s not improbable that this story will be picked up by SF Gate , CC Times or another news agency.

So it is not a case of “just stop complaining and live with it”

40 ChampagneKitty November 28, 2011 at 1:05 PM

All right now. I have a tendence to be supportive of city officials, but this isn’t fair. I do not think the Lt. should lose her job for having a car accident or for having her ticket voided. She isn’t the one who voided it. However, I don’t think it should have been voided and am questioning Captain Downing’s reason for doing so. If he wanted to do her a favor, could he have at least had the charge changed to a smaller charge? That wouldn’t have been as scandalous. Where is the accountability?

41 Garcia November 28, 2011 at 1:05 PM

I know the guy she hit… destroyed a car he had put a TON of money and time into, and she was COMPLETELY at fault. That is complete garbage. Guess I need to become a cop, then i can do whatever the hell I want, because charging me would apparently be “against the interest of justice”.

42 LOL November 28, 2011 at 1:08 PM

now I know why you asked that water cooler question a while back about cops giving cops tickets.

43 mileena November 28, 2011 at 1:11 PM

@the Shi ite #5:

“Was She using Her cell phone when incident happened? I know, I know – Police are exempt from that law, Just Saying.”

It is my understanding that emergency services personnel in California are no longer exempt from the law not to use cell phones (except with hands-free devices or during an emergency) while driving.

44 Bruce November 28, 2011 at 1:11 PM

Was the Lt. on the phone at the time ??

I under stand the they are exempt from the cell phone hands free law.

45 MtzMom November 28, 2011 at 1:13 PM

What would be the most important thing is that the police report shows her as the responsible driver, so it’s official that she is considered the cause of the accident. That way, the insurance companies and other drivers can come after her. I certainly believe it’s BS that the ticket was written off, but it would be MUCH worse if there was tampering with the police report. Letting her slide on paying a $200-something fine is ridiculous, but it’s not her ticket to innocence.

46 CLAYCORD.com November 28, 2011 at 1:13 PM

There is no reason to believe the Lt. was on the phone at the time of the collision. Nothing in the report states anything about her being on a cell phone. Having said that, Cops are only exempt from the cell phone law while on duty, she was off-duty at the time of the collision.

47 Barbara November 28, 2011 at 1:15 PM

I wonder how long “dismissed” cops get to retain a Driver’s License that indicates they are active. We had an individual working with us showing that DMV still listed him as with the police on his license. (Not Concord.)

48 Citizen Watchdog November 28, 2011 at 1:17 PM

Whatever @ #37,

I’ll tell you what I am going to do about it.

I have a call and email into every city council member, the professional standards officer, Dan Keen, Craig Ladabie, Valerie Barone, Leslye Ares, and the Chief of Police.

I plan to make public comment regading this issue at every City Council meeting until Lt. heinemann’s ticket is reissued and Capt. Downing if fired.

Is that enough?

49 LOL November 28, 2011 at 1:20 PM

Downing is the guy who was just hired from the Oakland Police.

50 erik November 28, 2011 at 1:20 PM

First off, officer Bruckert is a total piece of crap. A few years back I got a ticket on Concord B & Bailey for ‘unsafe braking’, which is a story on its own…Anyways, he wrote me the ticket, blah blah, that wasn’t the problem, I have nothing against the ticket. My gf at the time was in the middle seat of my little truck, and DID have her seatbelt on, but apparently Mr. Mighty Bruckert insisted that her seatbelt wasn’t on, and gave a raised-voice lecture about how he could write me up for that, too. By that time I was already a bit irritated and wanted to get home (about 50 yards away), so I listened to him ramble on and on, then finished up and I said thanks (in a very sarcastic manner). I guess that really flipped his switch, and goes on about “oh you want to be tough, I could arrest you right now blah blah”. Someone correct me if I’m wrong, but I think Bruckert is the motorcycle cop that looks all sterioded out? It’s been a few years, I don’t remember exactly.

On the other hand, this whole Concord ticket dismissal is a bunch of BS ! In my opinion, the cop that recieved the ticket (from lovely Bruckert) should be required to pay the fine ($X), deal with whatever insurance, like normal people.

I thank our officers for keeping our area somewhat protected, but sometimes, and note my word of sometimes…they’re just plain ole’ stupid.

51 11-99 foundation "Members" November 28, 2011 at 1:23 PM

I always lose a little respect for those parading around w/ their 11-99 Foundation license plate holders. Even if Johnny Law says they don’t let people off the hook that have them, the driver paid $ in the hopes it would. I’m sure there would be much less members if they were just issued a nice certificate for their own honor.

52 Rico November 28, 2011 at 1:24 PM

Whatever,
Methinks you know at fault parties in this. You seem so sure the insurance will pay for it. When fault is determined (usually through the aid of a police report) insurance companies often try to weasle out of paying for claims (or some portion thereof) when fault is not clear cut. So if the police report creates some ambuguity in the process I would be worried for “Garcia”s friend. As someone who deals with auto insurance claims on a daily basis I know that what is put in the police report does matter. If you have a lot more knowledge of the situation, it kind of dovetails with my belief you know those involved.

53 MtzMom November 28, 2011 at 1:26 PM

#50, I don’t think you’re talking about Bruckert. Sounds more like R*bles.

54 Ian November 28, 2011 at 1:28 PM

Does this ticket make her ineligible to drive a cruiser due to driving record and police insurance?

55 BOB November 28, 2011 at 1:33 PM

The woman is a liability. Keep up the good work Mary 8!

56 Citizen Watchdog November 28, 2011 at 1:34 PM

Just got off the phone with the city offices. Aparently everyone is “out to lunch” and therefore not taking calls.

I asked if everyone is typically still out at lunch at this hour and all I got was silence in reply. I suspect there are some meetings happening right now where they are trying to circle the wagons.

Keep up the outstanding journalism Mr. Mayor.

57 Diablo November 28, 2011 at 1:35 PM

Does this story really surprise anyone? Half the people on Claycord are so busy kissing the cops a$$es they must live in total denial about the corruption that goes on in that department.

58 Claire Voyance November 28, 2011 at 1:36 PM

“EQUAL JUSTICE UNDER LAW” IS A PHRASE ENGRAVED ON THE FRONT OF THE UNITED STATES SUPREME COURT BUILDING IN WASHINGTON D.C.

I guess Concord is not subject to the jurisdiction of the United States Supreme Court.

59 justme November 28, 2011 at 1:37 PM

Every job has its “Perks”.
What’s yours?

60 mike November 28, 2011 at 1:38 PM

@48, write ur letters to ur congressmen and women. I look forward to hearing about your complaints.

Like 37 said, its an accident, insurance will not be effected by the lack of ticket. LT can go to traffic court and win the ticket and insurance will still cover it. Just because you are involved in an accident, it does not mean u get a ticket.

61 anon November 28, 2011 at 1:44 PM

A traffic collision is investigated to determine fault. The primary collision factor is assigned to “P1″ which is “party #1″. When you read a traffic collision report, the facts, location, diagram, involved parties and vehicles, etc. are all listed. The information is reported to the DMV whenever the damage exceeds $750. The report is made of form SR1.

Now, the Lieutenant is at fault, and any “points” will be assigned to her DMV record, as well as any action her insurance company will take (raise her rates for example). The second party (P2) WILL be covered by their insurance company, who will recover from the (P1)’s insurance carrier.

There is NO requirement for a traffic citation to be issued. I agree that it sounds unfair, but usually it is bad for one cop to cite another cop working for the same agency. Now, if CHP were the investigating agency, this would be a non-issue. However, the Concord PD has an obligation to not only uphold the law, but to uphold internal relationships. The smart thing is to find the Lieutenant as “party at fault”, and have her pay for the damages (via insurance). I am sure she fully admitted her mistake.

Now, if it were a DUI, or someone was injured…then I would say to issue a citation. But for property damage only types of cases, an exchange of information is all that is required.

If this had happened in a parking lot on private property, MOST police agencies will NOT take a collision report (unless there is injury/death). You exchange information with the other driver.

62 Claire Voyance November 28, 2011 at 1:50 PM

THIS NEWS ARTICLE PROVES THE CRITICAL IMPORTANCE OF NEWS REPORTERS.

The next time you hear about a news agency going out of business or cutting staff, remember that you and the rest of the public will consequently become partially blind and deaf.

Support your news reporters, especially local news reporters.
Keep them employed.

63 Citizen Watchdog November 28, 2011 at 1:51 PM

Mike @ 60,

You say, “Just because you are involved in an accident, it does not mean u get a ticket”. Which I totally agree with and understand.

But isn’t it unusual to be issued a ticket and have it taken away? Maybe this is just Concord PD modus operandi? If so they should all be fired.

64 ebguy November 28, 2011 at 1:56 PM

@ whatever,

The term “accident” means no one is at fault. That is why law enforcement calls these incidents traffic collisions.

65 Claire Voyance November 28, 2011 at 1:57 PM

anon @ 61

“There is NO requirement for a traffic citation to be issued. I agree that it sounds unfair, but usually it is bad for one cop to cite another cop working for the same agency. Now, if CHP were the investigating agency, this would be a non-issue. However, the Concord PD has an obligation to not only uphold the law, but to uphold internal relationships.”

INTERNAL RELATIONSHIPS DO NOT SUPERSEDE THE LAW.

“EQUAL JUSTICE UNDER LAW”

66 Claire Voyance November 28, 2011 at 2:00 PM

Timely Contra Costa Times Editorial:

Wide disparity in traffic fines must end: http://www.contracostatimes.com/news/ci_19412855

67 no handle November 28, 2011 at 2:06 PM

Silly people. Dont you all know that justice is really two words which is Just Us , and does not include you or me.

68 Who Cares November 28, 2011 at 2:07 PM

I work in personal injury and see hundreds of police reports for car accidents. Very RARELY is anyone ever cited for causing the collision.

69 Kermit November 28, 2011 at 2:13 PM

Please tell me I’ll see this story on the 5, 6, 7, 8, 9, 10 and 11 o’clock news tonight.

70 CV Parent November 28, 2011 at 2:18 PM

What are the 2 long reasons the City Attorney’s office gave you?

71 Michael November 28, 2011 at 2:18 PM

For me,this isn’t so much about the accident or the ticket,but about the lack of transparency and the stonewalling by the city attorney and the police chief.I agree, this Lt. seems to be a liability Concord can ill afford.The city council needs to supply answers and soon.

72 the Shi ite November 28, 2011 at 2:18 PM

I don’t know whether or not She was using her cell phone. I’m just pointing out the irony, that She probably
A.) Was not questioned if She was on cell phone.
B.) No subpoena of Her cell phone records will be issued.
C.) Why even have a law if you’re not going to enforce it.
D.) Was She tested for DUI, I know really cares about public safety and all.
E.) I’m sure the CPD would like this story to go away.

73 WC resident November 28, 2011 at 2:24 PM

Well Mr. Downing – I had not expected something like this to be the first time you appear in the news after your hiring by the city of Concord this past July at $202,142/year on top of your Air Force reserve salary.

You see people, Dave had just been promoted to Lieutenant in the Oakland PD. He’d have to bust his balls for over a decade there and probably would not make Captain. Instead he gets to almost immediate jump to Captain by moving to Concord PD. No real beef with that – Dave’s an excellent cop and absolutely someone you want by your side when going down a dark alley. Of course, police captains cruise wheeled chairs around desks and almost never get out on the street.

That he wrote a ticket off for Lieutenant Robin Heineman is pretty funny as she is, and was, the most qualified person within the Concord PD to be promoted to Captain (or possibly Scotty Wagner). Instead they hired from outside the department and got Downing.

74 Citizen Watchdog November 28, 2011 at 2:24 PM

the Shi ite @71,

I can for sure confirm your letter “E” Everytime I have called the CPD to inquire about this story and my ability to have Capt. Downing extend the same favor to me as a citizen (which by the way the off duty police officer is, until she puts on the uniform) I have gotten the run around.

75 what the heck November 28, 2011 at 2:26 PM

What gets me is that she was off the clock. Then she should have to pay the fine. An officer who keeps filing and winning sexual harrassment lawsuits needs either counseling or to find another employer.

76 Dj November 28, 2011 at 2:27 PM

This makes me so mad, and people wonder why some groups don’t trust the police. If you’re not going to be honest about some things, how do I know when to trust you. So stupid. Just pay the darn fine.

77 Terry November 28, 2011 at 2:27 PM

Makes me feel real warm an fuzzy hope if I have the misfortune of being involved in an accident and I am at fault my citation is wavied in the “intrest of justice” opps! just made an error I am not in the inner circle of the police dept. Guess they have their own justice system.

78 @ Claire Voyance November 28, 2011 at 2:29 PM

“THIS NEWS ARTICLE PROVES THE CRITICAL IMPORTANCE OF NEWS REPORTERS.”

The Mayor has stated many times: he’s not a reporter — he’s a blogger.

… but you’re right: freely flowing information helps to ensure freedom for all (or most, apparently).

79 Another Concordian November 28, 2011 at 2:29 PM

@ #52

A police report and a citation are independent items. The voiding of the ticket for any reason other than a finding of factual innocence (an arduous process) would not change the reports finding of responsibility on part of vehicle #1, in this case the Lieutenant. The insurance companies follow the report, not the citation, since in many cases there are no citations issued for traffic collisions.

80 Always Right November 28, 2011 at 2:32 PM

Thank you, Officer Bruckert. It takes courage to cite another officer and the city manager. We need more serious officers like you.

Time to clean house at Concord PD and get rid of the malcontents and those who put politics above good police policy.

81 Cowellian November 28, 2011 at 2:38 PM

It is good to be Queen!

82 RTR in Claycord November 28, 2011 at 2:38 PM

@no handle 66
Actually, you are incorrect. “Justice” is not composed of the words “Just” and “Us.” It is actually composed of the words “Just” and “Ice.” So next time you think of justice, don’t think of it as just us. Think of it as just ice!

83 Mick November 28, 2011 at 2:39 PM

The citation was because she failed to yield to oncoming traffic, thus creating a collision. So yes, you’re right. People don’t get cited for a collision, however they do get cited for failing to yield.

84 mike November 28, 2011 at 2:43 PM

@ watchdog, I don’t no how common it is to take away tickets, but to be fired, not on the first offense. This is a tough situation I would not want to be involved in. In the military we said RHIP, rank has its privledges, do I agress, hmm good question, depends on what for, I guess I agree when it benefits me.

85 Another Concordian November 28, 2011 at 2:45 PM

@ The Shi ite #71

I’m assuming that since you said “She probably” the following points are made of pure speculation. Allow me to present a corollary:

A.) Was not questioned if She was on cell phone.
-If there were witnesses to cell phone usage, then I expect the question would be asked. Since she was not cited for it, I suspect there were no such accusations, or the larger infraction of failure to yield was issued instead of a lesser infraction of using a cellular phone while driving.

B.) No subpoena of Her cell phone records will be issued.
-How often do you ever hear of subpoenas being issued for that type of infraction? I’d bet it doesn’t happen a fraction of one percent of the time. That said, it’d still be considered a lesser infraction that the failure to yield and likely overlooked, and that would -again- depend on if there were even accusations of cellular phone use while driving.

C.) Why even have a law if you’re not going to enforce it.
-The question assumes that a violation of the law occurred.

D.) Was She tested for DUI, I know really cares about public safety and all.
-Did she show objective signs of intoxication which would lead a reasonable person to believe her to be under the influence? If not, then it seems a waste of resources to investigate for DUI. If law enforcement made habit of testing for DUI on all persons involved in a traffic collision, there’d be a public outcry of presumptive guilt, don’t you think?

E.) I’m sure the CPD would like this story to go away.
-I’m sure CPD would, too.

86 MissMelyssa November 28, 2011 at 2:45 PM

*sigh* once again the old saying of “Do as I say and not as I do” pops in my head.

87 Anon November 28, 2011 at 2:54 PM

I would like to know why Bruckert gave his boss a citation in the first place. Cops don’t give cops tickets. He knew who she was. I think this was personal. Maybe Bruckert was reprimanded by his Lieutenant in the past or wasn’t given a promotion by her.

88 emm November 28, 2011 at 2:57 PM

The ticket was revoked solely because the person responsible is a police officer. Any other person would have to pay the ticket (and for traffic school to get it cleared)… Justice has not been served.

89 CLAYCORD.com November 28, 2011 at 2:58 PM

We made two requests for info. The first one was the full collision report, the city attorney’s office gave us the following reason as to why they would not provide the report. “Pursuant to Vehicle Code Section 20012, the actual traffic collision report and ancillary documents are confidential.”

The second request was for the last 75 voided tickets. They also denied that request, and gave us the following reason:

“This email responds to your Public Records Act Request in which you seek “the last 75 [traffic] citations that have been voided by anybody at the Concord Police Department and/or by anybody within the City of Concord…the names of those who received the citations…the names of those who voided each citation and the reason they were voided.”

Please be advised that the Concord Police Department does not maintain a database containing the information you are seeking, nor is the City required to create such a record in response to your request. (Government Code Section 6252(e), Haynie v. Superior Court (2001) 26 Cal.4th 1061.) Under current Concord Police Department practice, physical copies of traffic citations issued by CPD officers are maintained in the Records Division for a period of three years. On average, approximately 10,000 traffic citations are issued per year, meaning that the CPD Records Division currently possesses copies of approximately 30,000 citations. Depending upon when the voided traffic citations that you are seeking were issued, responding to your request would require that we manually review each citation issued over the past three years, to determine whether that citation was voided, along with the other information you are seeking (the person to whom the citation was issued, the reason the citation was voided, and the identity of the officer who voided the citation). Completing this task would take literally hundreds of hours, generating tremendous staff costs in the process.

In responding to a Public Records Act Request, a public agency is not required to perform a “needle in a haystack search” to locate the records sought by the requestor, nor is it compelled to conduct a search that is so unduly burdensome that the public interest in non-disclosure outweighs the competing disclosure interest. (Cal. First Amend. Coalition v. Superior Court (1998) 67 Cal.App.4th 1459, ACLU Foundation v. Deukmejian (1982) 32 Cal.3d 440, Government Code Section 6255.) We respectfully conclude that as framed, your request is overly broad and unduly burdensome, and on that basis we decline to commit the staff time and public expense necessary to provide the information you seek.

90 mileena November 28, 2011 at 3:01 PM

@Another Concordian #85:

“B.) No subpoena of Her cell phone records will be issued.”

Surely you can’t be this stupid. Cell phone records would prove or indicate absolutely nothing regarding cell phone use at the time of the accident. Of course, you will try to argue this, but to no avail.

91 Student November 28, 2011 at 3:07 PM

Excellent reporting.

92 Anon November 28, 2011 at 3:09 PM

If I’m not mistaken, only the issuing Officer can void his/her citation not the Captain. The issuing Officer can be forced by hire ups if he knew what’s good for him.

93 Chuckie November 28, 2011 at 3:10 PM

In the interest of Justice, I have a few tickets I’d like to have voided. In fact, while we’re at it, let’s void those nasty credit card bills and the property taxes.

What he really meant is, I protect my Lt.’s because they protect me.

Don’t expect anything better from Concord’s Finest!

94 Another Concordian November 28, 2011 at 3:11 PM

@mileena

I understand you’re upset at me for pointing out that you backed yourself into a corner by calling Concord PD NAZIs the other day, but this one is even easier for you to comprehend, so I will try to walk you through it.

What you quoted is a quote of a quote. It is a statement by another poster here whom I quoted to give a corollary to (that is, I posed somewhat of a response to their statement).

It’s nice to see that you’re back in the corner again. Perhaps next time you’ll read before posting. Please let me know if you need me to write with smaller words so we won’t have this problem in the future.

95 Narrow your request November 28, 2011 at 3:13 PM

I hope you narrow your request to all communication relating to the incident including but not limited to Phone, email, correspondence, both electronic and physical.

96 observer November 28, 2011 at 3:17 PM

The information given to you, Mayor, in regard to the traffic collision report is correct. Those are not a matter of public information and only available to the parties who were involved, insurance companies or possibly attorneys. In fact, any police report is only available to the applicable parties involved.

97 shocked November 28, 2011 at 3:17 PM

I never thought I would see a story like this on Claycord. Thank you for proving me wrong, Mr. Mayor, you are not as one-sided as I thought you were.

98 No Suprise November 28, 2011 at 3:19 PM

Sue your department to get rank twice. Have your unethical parking permits to gain favor with politicians covered up by the city.Lose your gun. Be the defendant is an on going harassment suit for improper sexual conduct. Cause a collision and have the penalty changed. All in a days work for the great Robin Hood Heinemann. Please add up the career cost of this out of control city employee and minus the contributions she has made.Heloooooooooooooo heloooooooooooooooooowwwwwwww anybody there? yes a negative number line is infinite…

99 CaliNative November 28, 2011 at 3:22 PM

I think everyone with a pending ticket from CPD should go down to the police department and line up to have their ticket voided “in the interest of justice.” I am going to share this on my facebook and I hope everyone else does too. Get the word out and make sure the whole community gears about this. I think the city’s and the police departments silence it’s the most disturbing part about all this. They know what they did was wrong and hope silence will make it go away.

100 Rob November 28, 2011 at 3:25 PM

Perhaps every person issued a Citation in the City of Concord should all go down to the Police Department when they have the time and request to speak with Captain David Downing and ask him to “review of the citation” in order to ensure that the citation was issued in the interest of justice, and then request that the in the Interest of Justice the citation be revoked.

And if Downing will not revoke the citation request that he put his denial and reason for denial in writing – and if he won’t even show the citizens of Concord the decency of meeting with them in person (you know meeting the folks who pay is salary, provide him with the benefits, etc…) then perhaps those citizens should go to the City Council and demand to know why they are not being treated with equal respect that was shown to this off duty officer.

101 observer November 28, 2011 at 3:32 PM

@ Narrow your request – you are as dumb and naive as many others on this site. What makes you think that the Mayor, or anyone else should be entitled to this private information?

And to the Mayor, I agree with SHOCKED, because I know how you feel about the PD and how supportive you have been to them, and I also know that you personally know some of the motor cops. Good for you for being unbiased in this matter.

102 CLAYCORD.com November 28, 2011 at 3:41 PM

@Observer, thanks.

Actually, I don’t personally know any of the motor cops, I know of them, but I don’t think I’ve ever met any one of them. I still support CPD, and appreciate what they do on a daily basis. As I told another person, I didn’t make this story up, I’m just reporting it.

103 Lari November 28, 2011 at 3:41 PM

Man….the rest of us just have suck it up and pay our tickets/deal with court, etc.

104 obvious November 28, 2011 at 3:43 PM

I think “anonymous” and “whatever” (posts 32,37,38) are the same person and I think it’s Robin Heinemann. Who else would defend this officer but herself? LOL!

105 Great Reporting November 28, 2011 at 3:44 PM

Great Reporting! Kudos to you.

106 RobertELegal November 28, 2011 at 3:44 PM

@eb guy: Wrong. An accident does NOT mean that no one is at fault. An accident is the result of negligence. The term “accident” merely means that there is no criminal liability because there was no intent to commit a criminal act.
Accidents happen, no doubt about it, and we’ve all had accidents and been negligent. However, when one is responsible for an accident they are definitely liable for the damages they cause.

107 Jeremy November 28, 2011 at 3:44 PM

I didnt know that getting traffic tickets voided was a perk of being a cop!! Looks like I will be applying to become a cop so I can be above the law too!! Cheers for corruption!!!!

108 TREVOR QUINN November 28, 2011 at 3:48 PM

So can the CPD rescind my outstanding tickets due to an Interest in Justice?

109 Claire Voyance November 28, 2011 at 3:52 PM

Remember this article when the cops are whining about their pay, benefits, and pensions.

Protect and Serve?
LMAO.

110 Claire Voyance November 28, 2011 at 3:53 PM

Keep digging and you will surely find more rescinded traffic tickets in Concord and elsewhere.

111 Citizen Watchdog November 28, 2011 at 3:57 PM

It has been four hours and I still have not received a call back from anyone at PD to answer my questions or take down my complaint.

Can you say COVER UP?

112 Kirk November 28, 2011 at 3:58 PM

I like to uphold the law and show respect for the badge but at times like this I am ashamed of their “Some pigs are more equal than others” crap.

I’ll bet their are ripping their hair out right now trying to figure out who the Mayor is so they can shut him down. Thanks Mayor.

Is the story just on Claycord or has local news picked it up? I would love the comments to hit 500 on this one.

Tell someone you know and tell them to leave a comment. Let the PD do the walk of shame, it’s the only justice we will see.

113 Happy One November 28, 2011 at 3:58 PM

There’s more than one way to look at this. On the one hand, shouldn’t police officers be treated the same as every other citizen and receive a citation when they deserve one? On the other hand, if CPD officers (and officers in other police departments) routinely let fellow officers off the hook in similar circumstances, then this officer should be treated the same way. Keep in mind CPD has a history of harrassing her and she has a history of suing the city. It would be idiotic for the city to invite another lawsuit by allowing a fellow officer to single her out for negative treatment in a situation like this.

114 US Citizen November 28, 2011 at 4:05 PM

“We respectfully conclude that as framed, your request is overly broad and unduly burdensome, and on that basis we decline to commit the staff time and public expense necessary to provide the information you seek.”

We the people will provide the funds to carry out this request. Don’t worry about the public expense and staff time. We the people got it. Tell us where to send the check. In the interest of justice ;)

115 Lt. Pike Watcher November 28, 2011 at 4:07 PM

Be careful everyone. The CPD may come and pepper spray you or give you a helping of the old wood shampoo.

116 observer November 28, 2011 at 4:11 PM

Mayor, I know for sure that one motor officer knows who you are, but would never “give you up”, which I found interesting.

117 Shempo November 28, 2011 at 4:25 PM

I doubt we’re getting all the facts here. With some exemptions, collision reports and police reports are public record, not something you need to get through second hand sources. Interesting too that everyone is blaming the officer involved in the collision, although it was not her decision to rescind the citation, and that this officer was involved in a sexual harassment case against the police department. I doubt these are coincidences.

118 anonymous November 28, 2011 at 4:25 PM

Here is the big question: Does Bruckert routinely cite people in collisions? If he does, fine. If he doesn’t then he should be looked at to see if he is misusing his position.That should be easy to find out, someone just needs a Public Reords Act request for Bruckerts last 100 collision reports. If the city wants they could black out driver and vehicle information to take care of privacy issues. Lets see if Bruckerts zeal in writing citations after collisions is justified or if he is being vindictive. I really have no idea, but it would be easy to find out.

119 TICKET -Drummer Boy November 28, 2011 at 4:32 PM

To give it a little Christmas Spirit

Come they told us—– par rump a pum pum
Concord was tough to work—– par rump a pum pum
I’m from Oakland you know——– par rump a pum pum
Where there is a consent decree——— par rump a pum pum
We had no ethics there——- par rump a rump a pum pum rump a pum pum rump a pum pum
So she crashed her car—par rump a pum pum
So pay the ticket now —-par rump a pum pum
Why not be like Oakland here—–par rump a apum pum
I’ll cover it up my dear—— par rump a pum pum—rump a pum pum—rump a pum pum…
Now the game is clear –par rump a pum pum
Protect the corrupt out of fear–par rump a pum pum
Boy I’m dumb….me and my drum….boy I’m dumb
l

120 Anonymous November 28, 2011 at 4:34 PM

@Claycord.com, aka Mr. Mayor, #89-
It sounds like the City Attorney doesn’t understand that the public agency is required to assist you in identifying records that are responsive to your request in the event your request doesn’t describe specific records that the agency maintains.

California Government Code Section 6253.1(a) requires the Agency to:
(1) Assist you in identifying the records and information that are responsive to your request or to the purpose of your request;
(2) describe the information technology and physical location in which the records exist; and
(3) provide you with suggestions for overcoming any practical basis for denying access to the records or information you are seeking.

It may be difficult for the City of Concord to compile information on the last 75 voided tickets. I would think that the Police Department probably doesn’t void very many tickets. However, you could ask to review the 50 tickets issued right before and after the voided ticket. If none of those tickets show they were voided, you have your evidence that the Police Department is showing favoritism.

Another option is to ask for copies of several accident reports and the citations issued in connection with those accidents. That will reveal if the Police Department typically issues citations when a driver is at fault and whether the Department typically voids those tickets “in the interest of justice.”

You are not required to state a reason for your records request. However, you may want to tell the City why it is in the public interest to disclose those records. That makes it more difficult for the City Attorney to argue that it is more in the public interest to withhold rather than disclose the records.

121 Dump the Times November 28, 2011 at 4:34 PM

CV, I’m all for reporters. As long as they aren’t from the CoCo Times.

122 Cover Up? November 28, 2011 at 4:35 PM

To all of you out there that think Heinemann is so terrible and deserves the ticket issued to her by the ultimate king of cover-ups, Officer Bruckert, why not dive a little deeper into a certain assault incident several years ago at the Oakhurst Country Club involving Bruckert as a suspect, conveniently swept under the rug……talk about pure corruption. This was totally personal as nobody else in that department would be ticketed for that. Cops don’t cite cops.

123 funny man November 28, 2011 at 4:37 PM

Concord’s finest corruption at it’s best. sounds like we need a few more positions cut at the PD due to budget…

124 Cowellian November 28, 2011 at 4:44 PM

Mayor,
Do I remember correctly that a several Concord police used to comment here, as well as give you tips about things that were happening? I assume that city officials passed the word to stop doing that.

125 CoCoOld November 28, 2011 at 4:44 PM

Officer Bruckert rocks! He is one of the few good ones on a force full of cowboys and cowgirls (especially cowgirls).

126 @cover up November 28, 2011 at 4:45 PM

wow so two wrongs make it right. Did she break the law? Yes. Give her a ticket. Think of the person she ran into and the grief with his/her insurance and driving record. This stinks.

127 Shuley November 28, 2011 at 5:00 PM

She is still at fault and there is no requirement that she be cited for her insurance to pay. Her insurance will still pay the damages.

Also, there is no grounds for a civil suit unless driver #2 was injured.

It’s not a huge deal, but it still is pretty crappy to see. Mainly what’s upsetting is that if it were most John Q Publics, they would have to pay the fine. Tinfoiler is probably right. Her driving record likely affects her employment eligibility at her job. I know Lt. Heinemann as an aquaintance and my opinion is she has been one of the good ones. Though I have not spoken to her since all of this harassment came to light.

A $234 donation to a worthy cause would be a thoughtful gesture for her to make right about now.. Maybe the CC Food Bank??

128 NoMoreFreeRide November 28, 2011 at 5:00 PM

Follow the money

129 Pinky November 28, 2011 at 5:02 PM

I don’t think that it is right that she got out of the citation.

That being said, why do her sexual harassment suits keep coming up? Admittedly I do not know the circumstances and background for them, but I don’t think it’s fair that they are being used against her here. It sounds like she won both cases (from what I’ve gotten from other comments) so why all the negativity about it? That’s not right either.

130 big d November 28, 2011 at 5:08 PM

B.S.

131 In Sac missing the Bay November 28, 2011 at 5:08 PM

Ive known Officer Bruckert since childhood and he has always been there for me, now its my turn. Officer Bruckert is an upstanding police officer who does his job. Part of their job is to write tickets and enforce rules. If your breaking the law ur breaking the law whether your a police officer or not. Good job doing ur job RB!

132 Happy One November 28, 2011 at 5:15 PM

@anonymous #118, it’s not just a question of whether or not Bruckert would regularly issue a citation in this situation. It’s also important to know if Bruckert or any other CPD officer would regularly issue a citation in this situation TO A FELLOW OFFICER. Did he treat Heinemann any differently than he would have treated any other officer?

I’ve always heard than police don’t cite fellow officers, and the same courtesy is extended to family members of police officers. It doesn’t seem fair to you and me, but that’s the way it’s done.

133 starman November 28, 2011 at 5:18 PM

standard concord cover up this should be investigated by internal affair
as abuse of power under california law. there all in bed together

134 HJ November 28, 2011 at 5:24 PM

Seem to recall another case involving Heinemann, something about lesbian sexual harassment? This woman name does seem to crop up a lot. Think CPD needs a good enema.

135 CLAYCORD.com November 28, 2011 at 5:27 PM

Cowellian, they still do give me tips.

136 Fair??? November 28, 2011 at 5:28 PM

How naive can you people be? Of course you wouldn’t get your ticket dismissed like in this case. Life isn’t fair and the same rules don’t apply to everyone.Do you live in Fantasyland or what? Just as I’m sure you’d give your family and friends a break in whatever you do so do the police. Cops don’t ticket cops and in this case many civilians wouldn’t have been cited either.The only unusual thing in this case was issuing the ticket in the first place.

This was personal and is another case of the same group of sleazy, vindictive cops targeting her.

Haven’t you guys already cost the city enough with your harassment?

137 Fashion Police November 28, 2011 at 5:29 PM

Oh, snap.

138 BL90 November 28, 2011 at 5:29 PM

I think this article speaks more to the internal politics going on in Concord.

Sometimes it’s not the bullets that are gonna kill you, but the internal stress and politics that cause the grief.

My hats off to anyone who can last an entire career in that kind of environment.

139 Great Reporting November 28, 2011 at 5:31 PM

Spin it all you want but the facts are this:

1. The Lt. was issued a ticket for something she did wrong.
2. Bruckert had every right to cite her.

You can all argue that Bruckert might not do the same thing to another officer but that is irrelevent because I am sure Bruckert probably hasn’t been called out to another accident that involved an off duty officer who was at fault. Few and far between. Like Claycord said before he cited the city manager so obviously he isn’t afraid to cite those above him. I would say it was fair. She broke the law and should have to pay for it. No ifs ands or butts about it.

140 Confused? November 28, 2011 at 5:34 PM

What don’t you people understand? Bottom line is that SHE BROKE THE LAW and the officer was just doing his job.

141 morgueminder November 28, 2011 at 5:41 PM

Vehicle code section 20012 protects only those accident reports required by the Vehicle code. Required reports are those that cause injury or death. If this was a property damage only collision, it was not a required report and therefore not protected by the section cited by the City.

142 Buck Million November 28, 2011 at 5:46 PM

Hey Mayor, How did you stumble upon this story?

143 Curious November 28, 2011 at 5:52 PM

I would say that if it is standard procedure for a Concord traffic officer to recommend or issue a citation to the responsible party in a traffic collision, than yes the citation should have been issued.

If issuing a citation is something the officer does not normally do as a conclusion to his investigations, then this would appear to have been something done out of spite against the LT and in my opinion should not have been done.

What should not have been done was to have the Cpt step in and dismiss it in the interest of justice. The ticket should have stuck, let the LT deal with the consequences of the citation which would be a dismissal in court, a fine and or traffic school which I’m sure she can afford. Then deal with the officer for doing something he wouldn’t normally have done as this would have shown he has a prejudice towards that administrator and giving her the ticket out of spite.

144 Always Right November 28, 2011 at 5:56 PM

Why not ask the city council to require the police department to start tracking and reporting all voided tickets?

Why not ask the city council to require the police department to cite all observed law violations, regardless of the cited individual’s status in government employment?

The buck stops with the City Council. They have the power tos start fixing problems (eg: stop fixing tickets).

145 Scott November 28, 2011 at 6:03 PM

This person should be treated as anyone else would be. If she was given the ticket and felt it was unjustified she should go to court and let a judge decide. Concord is falling apart before our very eyes I am sad to see CPD doing this kind of stuff. The crime in this town is out of control, robberies, break ins, etc. CPD better clean house of these bad employees so the good ones can do their jobs. Concord is going to be just like Oakland before we know it.

146 Anonymous November 28, 2011 at 6:09 PM

The Mayor should ask for a copy of the following Police Department policies:

1) Issuing citations to individuals at fault in non-injury accidents (civilians and police officers)
2) Revoking citations to individuals at fault in non-injury accidents (civilians and police officers)

If the Police Department’s policies do not address these situations, someone should go to the Concord City Council and ask them to develop new policies to ensure the City of Concord is fair and equitable in enforcing the law.

147 Anonymous November 28, 2011 at 6:11 PM

#144 Always Right is right.

148 J November 28, 2011 at 6:12 PM

I had a parking ticket dismissed once by CPD. It was dismissed administratively at the HQ, without going through the formal ticket dismissal process.

149 1991 November 28, 2011 at 6:13 PM

Everyone should call the Concord Police station and ask them to void their tickets

150 The Real Scoop November 28, 2011 at 6:20 PM

I guarantee this:

1) Robin did not solicit this.
2) The captain asked Bruckert & Bruckert’s bosses to rescind the cite and they declined
3) The captain and the chief conspired to rescind this citation.
4) End of story…Case closed

Support the WatchDog @48…but the buck should stop at San Diego Man.

151 Babs November 28, 2011 at 6:30 PM

Always Right #145….so cool you are going to City Council Mtg….next one is Dec.6 Tues. 630pm. See ya there.

152 Nom de Plume November 28, 2011 at 6:31 PM

These courtesies are not only extended to police officers. A 17-year old girl turned left in front of me and caused extensive damage to my car but was never cited. Right after the accident she admitted fault, “I thought I could make it.” But when the police arrived, she started crying. That’s all it took for them to view me as the bad person. I overhead them saying that I must have done something wrong. Then the police said they wouldn’t cite either of us (like I was lucky not to get cited) because it was impossible to tell what happened. There were a few witnesses and also skid marks from my car that clearly showed I was trying to avoid the collision while her car didn’t even try to stop. It’s nearly impossible to create a 90 degree angle in a skid mark, but I did…. probably because as I was trying to turn away from her, she hit me and the car went to the right.

My car should have been totaled but was repaired for nearly the cost of a new one. It was total b-s that I should have pursued but I had other stuff going on and the driver was lucky for that. Oh yeah, I did suffer lingering neck injuries, too. But according to the police, she wasn’t responsible.

Grrrrrr, I don’t even want to think about it.

153 Defeating the Good Ol' Boy Society November 28, 2011 at 6:37 PM

I work in the public sector…public safety in fact. I’m always SHOCKED when high ranking officials think they can sweep these kinds of issues under the rug.

This is a wake up call…The Good Ol’ Boy days of government are OVER!!!! Nowadays, the public is much more involved and informed then ever before. (Thank god!) Problem is some “old” dogs just don’t get it…

Chiefs, captains, lieutenants, and sergeants of police departments are paid very well to properly manage their departments and do what is RIGHT. In fact, in 2010 Robin Heinemann made $176,791 and David Downing made $197,132 (Captain with Oakland PD at the time). That doesn’t even include their pension costs and medical costs which makes their total cost of employment over $250,000 per year.

This is absolutely ridiculous and needs to be addressed by the City Council.

My 29 year-old self is hoping that as new blood comes into government, these types of occurrences will significantly decrease, if not, cease to exist.

154 Christine November 28, 2011 at 6:37 PM

I just wrote our City Council to tell them this should not be tolerated. I encourage anyone else upset by this to write the mayor and the city council. The email address is: citycouncil@ci.concord.ca.us

155 G November 28, 2011 at 6:40 PM

Oh my gosh, . . . the reason I come to Claycord . . . where else could you hear about this?

156 AnotherAnon November 28, 2011 at 6:40 PM

I would remind all those wanting the City Council to do something, that the Concord PD contributes lots of bucks to the individual councilmembers’ campaigns, who then become beholden to the PD. The Council isn’t going to bite the hand that feeds them.

157 DoubleTap November 28, 2011 at 6:40 PM

Nothing to see here……. move along…….

158 Loraine November 28, 2011 at 6:49 PM

I gave a large contribution to a few members of this Council and If this is not something they look into and make changes I will no longer contribute. I can say that I gave more $$ then anyone at the CPD.

159 Anonymous November 28, 2011 at 6:55 PM

It’s the POA that contributes to political candidates – not the Police Department.

160 Concordian November 28, 2011 at 6:57 PM

WHAT? Who did this woman s**k off to have this ticket rescinded!? She was to blame completely! She knew she didn’t have enough time to cross all three lanes with all of the oncoming cars. This is complete crap. Always wait until you know that you can for sure make it safely across. She obviously didn’t and is to blame.

161 AnotherAnon November 28, 2011 at 6:59 PM

Poor Bruckert. Writing up a lieutenant. I’d bet his life will be pure hell from now on. On the other hand, should he believe he is being unfairly treated as a result of this, he may have grounds for a lawsuit, and retire from CPD, then to become a private investigator, seeing as there has been a recent opening in those ranks. Or maybe he could go to work for the Drug Task Force. So many choices.

162 ANON November 28, 2011 at 6:59 PM

THIS IS WRONG!! THE CAPTAIN SHOULD BE SUSPENDED AND DEMOTED TO SARGENT.

The city Attorney is leaving so can’t do much there.

It is corruption as usual in the Concord PD. SHAME ON ALL OF YOU IN THE DEPARTMENT

163 Anonymous, #159 November 28, 2011 at 7:03 PM

And just who makes up the POA? And where does their money come from, to contribute to political campaigns? The answer lies in the first two words of POA, Police Officers Association.

164 Laura M. November 28, 2011 at 7:10 PM

This just shows how the rest of the city is being ran into the ground. Great job City Manager, think its time to leave with the city attorney!

165 dear anon (162) November 28, 2011 at 7:11 PM

1. Learn to spell.
2.Learn when to use capital letters.
3. Shut up.

166 Anonymous November 28, 2011 at 7:11 PM

@163
Sorry to burst your bubble, but the money comes from union dues and the police officers have little or no say about how the money is spent. Police departments and other city departments cannot contribute to political campaigns. Employees can contribute as individuals, but that’s not what’s going on here. Special interest groups can contribute to political campaigns and the POA is a special interest group.

167 G November 28, 2011 at 7:15 PM

“The Council isn’t going to bite the hand that feeds them.”

Well I’d venture a guess that any issue that generates over 160 posts in less than 7 hours might get some attention from the council. Council email addresses and phone numbers are listed where?

168 anoh ph November 28, 2011 at 7:19 PM

I don’t see this as being a big issue. Why? Not everyone gets a ticket. Lots of you out there have gotten a “warning”. If you did get a ticket, you go to traffic school, and the ticket goes away. What good would it be to give a ticket to a Police Lieutenant..with years of training…experts on the vehicle code..to go to what? Traffic school? It is honestly a waste of time.

The REAL rat here, if the above posts are true, is that she should never have been cited in the first place. It was unnecessary. The department could have directed her to attend a “P.O.S.T. driving class”…which is far more intense that those “Laugh” traffic classes.

From what I see (and I am not in the know)..this smells like some officer giving the F*** Y** to some unpopular superior officer via a ticket. Maybe the Captain did the right thing by shutting the whole stupid thing down!

The “citizen” who was in the collision will be covered by the insurance, and it won’t go on their record. The Lieutenant will have this go on their driving record..or maybe their personnel record.

I see this whole thing as a sensational story over nothing. Just saying…

169 funny man November 28, 2011 at 7:35 PM

name one counselmen that isn’t in the POA pocket (ie didn’t gets campaign contribution from them). This will all quietly go away. Even with coverage from the mayor dude and citizens calling, emailing, and commenting at meetings. We’ve seen it b4 and well see it again.
TIME TO CLEAN HOUSE IN CON-CORD
start with the counsel, then Navato Keen, then the overpaid, overpensioned middle managers who are breaking concords budgets back!

170 Citizen Watchdog November 28, 2011 at 7:49 PM

Well I called the city and after several minutes of demanding to speak with Dan Keene, was finally put through to him.

Me: Why does the PD get to decide who gets off of tickets and who doesn’t especially after they have already been given.

Dan K.: Well I’m sure every department policy regarding this was followed.

Me: Can you tell me what the policy/procedure is?

Dan K.: Uh………Uh……..No I can’t.

Me: How am I as a citizen supposed to protest this injustice?

Dan K.: I understand your view.

He then promptly hung up on me. Take a flying leap Dan K. you m’fer.

171 He wouldn't do that to me.. November 28, 2011 at 7:52 PM

Just wondering how long this will go on, before the thread is closed for comment?

172 Larry November 28, 2011 at 7:54 PM

I’m surprised at the lack of understanding by all the comments here. Police officers don’t cite their superior officers unless there is something sinister at play, and I don’t believe for a second that the Captain canceled the citation in a vacuum without feedback from others (including his superiors). This incident demonstrates there is an underlying fire in the police department that a good investigative reporter needs to do a deep dive into and find the root cause. There may be other incidents not yet known to the public and this is just the tip of the iceberg.

BTW, this whole thing has nothing whats-so-ever to do with equal justice for a sworn officer versus the general public, so get over that. It is much larger and involves the behavior of multiple members of the Concord Police Department. There is a huge news story here to be told.

173 Fast Eddie November 28, 2011 at 8:11 PM

Wow, is this topic a hot potato. 170 comments.

Mr Mayor, are you sure you are not going to be targetted for a sexual harrassment suit by publishing these facts? If you are sued, I will donate to your defense fund, just for the fun of it.

I think the city attorney has his head up his a$$, even if he is leaving. Sunshine law cannot be brushed aside. I think your request is legit.

174 Lorelei November 28, 2011 at 8:20 PM

DAMN! If this doesn’t sound like the Roundtree Homeowners’ Board!!! Handing out fines for infractions of the rules, and protecting board members who break them and are NOT fined!!!

175 observer November 28, 2011 at 8:31 PM

Citizen Watchdog – You need to be talking to the Police Chief, not Keen, who doesn’t control the PD. How is he supposed to answer a stupid open-ended question like you asked? Go to the source.

176 Uncle of driver 2 November 28, 2011 at 8:38 PM

My nephew was the one hit by this officer, and he was injured in this accident. And to the couple of idiots that don’t know what happens when there is a car accident, if you break the law (ie) traffic violation during an accident you get cited. And as a follow up, the police officers insurance company is fighting with my nephew about the damages on the car and the amount. So not only does he have to deal with his injuries, he now has to worry about getting his money to replace his car which was a complete total.

177 LT November 28, 2011 at 8:38 PM

Would Mary 8 cite his Chief under the same conditions?

178 anonymous November 28, 2011 at 8:46 PM

Hows the OT Bruckert?

179 Lee White November 28, 2011 at 9:01 PM

My e-mail to the city attorney:

I just wanted to wish you nothing but misfortune in your future job with the City of Albany and in your personal life. Clearly, you are nothing but a parasite who spends most of his time covering the backsides of corrupt city officials who are as worthless and overpaid as you are. This latest incident involving the police lieutenant, who was issued a traffic ticket that any other driver would have received under similar circumstances and had it voided by a police captain, just goes to prove your lack of character and that of the other public employees and elected officials who are running this state and city into the ground. A curse be on all of you! You are deserving of nothing but disrespect and contempt.

Lee T. White

180 popo00 November 28, 2011 at 9:08 PM

Two trends of thought come to mind..

Police officers are immune to any violations.?
Somebady is sleeping with somebady.?

Investigation required!

181 Bazoke November 28, 2011 at 9:12 PM

Congrads Concord, not only do U have a pension sucker Downing dirty but an ass kisser deciever also…… They all think they are above us all….. Get rid of him or pay your price for the dirty policical game!!!!!!

182 Claire Voyance November 28, 2011 at 9:25 PM

I nominate Lee T. White for Person of the Year!

183 Claire Voyance November 28, 2011 at 9:26 PM

Contact the City of Concord: http://www.ci.concord.ca.us/about/contact/

184 Claire Voyance November 28, 2011 at 9:27 PM

Contact Concord City Council
Address:
1950 Parkside Drive, MS/01
Concord, CA 94519
Phone: (925) 671-3158
Fax: (925) 798-0636
citycouncil@ci.concord.ca.us

185 Claire Voyance November 28, 2011 at 9:28 PM

Craig Labadie
City Attorney
(925) 671-3160

186 Uncle of driver 2 November 28, 2011 at 9:30 PM

And just for everyone’s info check out the new traffic sign they just put up where the accident happened in front of the police station. I gues that is a CYA move!

187 Claire Voyance November 28, 2011 at 9:30 PM

Craig Labadie
City Attorney
(925) 671-3160
http://www.ci.concord.ca.us/forms/contactStaff.aspx?pid=32

188 Claire Voyance November 28, 2011 at 9:31 PM

Mark Coon
Assistant City Attorney
(925) 671-3331
http://www.ci.concord.ca.us/forms/contactStaff.aspx?pid=14

189 Claire Voyance November 28, 2011 at 9:31 PM

Daniel E. Keen
City Manager
(925) 671-3150
http://www.ci.concord.ca.us/forms/contactStaff.aspx?pid=28

190 Claire Voyance November 28, 2011 at 9:32 PM

Valerie Barone
Assistant City Manager
(925) 671-3461
http://www.ci.concord.ca.us/forms/contactStaff.aspx?pid=85

191 Claire Voyance November 28, 2011 at 9:32 PM

Leslye Asera
Community Relations Manager
(925) 671-3272
http://www.ci.concord.ca.us/forms/contactStaff.aspx?pid=3

192 anon November 28, 2011 at 9:32 PM

I’m VERY supportive of community service employees and the first person to speak up on their behalves — HOWEVER, this is bullshit and we all know it.

193 Claire Voyance November 28, 2011 at 9:34 PM

Ten days after the citation was issued to Lt. Heinemann, it was voided by Concord Police Captain David Downing.

David E. Downing
Captain
(925) 671-5066
http://www.ci.concord.ca.us/forms/contactStaff.aspx?pid=70

194 anon75 November 28, 2011 at 9:45 PM

Investigate Concord PD for misconduct. Start with the Police Chief, if he wants to give cops a free ride for misconduct, terminate hime with no pension, terminate the Captain with no pension, terminate the City Attorney with no pension. Save Concord some money. This is how it would work in the private sector.

195 The Real Scoop November 28, 2011 at 9:52 PM

To Observer @176:

Sadly for all involved, you erred when attempting to correct Citizen Watch Dog–they did go to the person who runs the department–Keen–and if you think the chief runs the department- I would like to sell you a bridge.

common Mr. Mayor-it only took you at least 6 weeks to post this story after you knew about it—keep digging

196 Dear Lee White November 28, 2011 at 9:54 PM

Why are you so sure that “Any other driver would have received (the ticket) under similiar circumstances”

How do you know that?

What did the City Attorney do wrong?

How did you get to be so much smarter then every one else? How did you do it?

Well the answer is you aren’t very smart. When you write a letter like you describe, you might feel better, kinda cheap therapy, but everyone that reads it (including me) thinks you are a squirrel.

197 Uncle of driver 2 November 28, 2011 at 9:57 PM

Dear Anonyoums: If everyone hasn’t figured it out yet you are Heinemann the dishonest and corrupt police officer. I can only hope that Karma will pay you a visit. And if people see you on the street they tell you that too your face! You have no business being a police officer, please do us all a favor and move out of state or better yet the country. I hear france is a great place this time of year. :)

198 A faithful reader... November 28, 2011 at 10:05 PM

Mayor, as always, I’m impressed with your reporting.
You fill a void in our society.
Thank you!
Thanks for letting us post our thoughts, too.

199 Mik November 28, 2011 at 10:19 PM

For those of you who didn’t read the article posted, “Lt. Heinemann was then issued a citation by Officer Ron Bruckert for violating vehicle code section 21801a (failure to yield to oncoming traffic during a left turn movement).” She was cited for failure to yield to oncoming traffic, thus causing a collision as a result. She wasn’t cited just because she was the cause of the collision.

200 Anonymous November 28, 2011 at 10:27 PM

Lieutenant Hieneman didn’t “win” any law suits, the City settled with her and her lawyer both times (same lawyer for both lawsuits). She is now being sued herself by another employee. The City Manager and the Chief of Police should resign over this. Keen brought in outside “big” city captains because no one inside the PD had any respect for him. The Captain was from Oakland. Oakland! What do you expect. Keen has no sense. Time for the Attorney General or the District Attorney to take this one on.

201 Citizen Watchdog November 28, 2011 at 10:27 PM

I am currently waiting to hear back from the professional standards officer. I suspect the entire PD is going to be involved in some kind of coverup.

202 Highway Veteran November 28, 2011 at 10:45 PM

In my opinion, Concord police officers (or any police officer) need to take responsibility for causing an accident; just as any other citizen would, based on the description of this accident. If someone causes a two-vehicle collision then that person needs to be accountable for that action. This is clearly not taking responsibility, and blatant abuse of authority. It appears to me and other citizens that Lt. Heinemann is acting above the law and is not taking responsibility for her part in an accident. Police take an oath to enforce, uphold, and abide by laws; and this type of situation contradicts what they represent.

Most of us who have received tickets would love to have them voided, but this does not happen in the real world.

203 Feckin Irish Mouse November 28, 2011 at 10:48 PM

When I was in high school and my early 20′s there were always rumors of CPD be corrupt. Since I didn’t live in Concord there was no way in knowing if it was true. So my firends and I avoided coming to Concord. Still don’t know if the CPD is truly corrupt but I am very disappointed in Chief Swanger. I thought for once this city had a really good “Top Cop”.

204 Spearheadmon November 28, 2011 at 10:56 PM

Oh man this is a quite a mess, those folks in blue better clean it up quick.

205 We need to put these people where they want to be anyway! November 28, 2011 at 11:03 PM

Under Vehicle Code section 40500(d), it’s a crime for an officer to fail to file a citation with the court; and although he can recommend that it be dismissed in the interest of justice, the judge has to make the final call and the request can’t be made because of a personal relationship:

(d) Once the arresting officer has prepared the written notice to
appear, and has delivered a copy to the arrested person, the officer
shall deliver the remaining original and all copies of the notice to
appear as provided by Section 40506.
Any person, including the arresting officer and any member of the
officer’s department or agency, or any peace officer, who alters,
conceals, modifies, nullifies, or destroys, or causes to be altered,
concealed, modified, nullified, or destroyed, the face side of the
remaining original or any copy of a citation that was retained by the
officer, for any reason, before it is filed with the magistrate or
with a person authorized by the magistrate or judge to receive a
deposit of bail, is guilty of a misdemeanor.
If, after an arrested person has signed and received a copy of a
notice to appear, the arresting officer or other officer of the
issuing agency, determines that, in the interest of justice, the
citation or notice should be dismissed, the arresting agency may
recommend, in writing, to the magistrate or judge that the case be
dismissed. The recommendation shall cite the reasons for the
recommendation and be filed with the court.
If the magistrate or judge makes a finding that there are grounds
for dismissal, the finding shall be entered on the record and the
infraction or misdemeanor dismissed.
Under no circumstances shall a personal relationship with any
officer, public official, or law enforcement agency be grounds for
dismissal.

206 Anon November 28, 2011 at 11:13 PM

Is the Lt with the lawyer who after winning the second time $$$$$$ agreed no more suing Concord? ……. With all her winnings against the city she can’t pay a freaking ticket SHE EARNED???!!!

207 Anon November 28, 2011 at 11:17 PM

If CPD can’t handle (mgmt) Letting their officers tickets go through the “system” like mine would- maybe they should be handled by CHP or other outside agency. This is a disgrace. I’d like to hear from the victim of the accident or v2

208 nooooooooooooooooooo November 28, 2011 at 11:22 PM

NO ONE IS GOING TO DO ANYTHING. CONCORD POLICE WILL GET AWAY YET AGAIN LAUGHIN AT ALL YOU CLAYCORDIANS. WHY DOESNT SOMEONE DO SOMETHING???

209 INTRESTING READING!! MUST SEE!!! November 28, 2011 at 11:27 PM
210 Lee White November 28, 2011 at 11:29 PM

@197, I really don’t care what you or anybody else thinks of me. Clearly, not everybody believes I’m stupid, including some others who have commented here. What did the city attorney do that was wrong? He utilized stall tactics in an attempt to prevent the Mayor from uncovering what appears to be a pattern of not only unethical but illegal behavior on the part of the Concord PD (see #206).

When I was a kid back in Kansas, we had a highway patrol trooper in our county named Charles Hanna. One day, Charles allowed his cruiser to drift onto the shoulder. He didn’t hit anyone or have a wreck, but he stopped the car, wrote HIMSELF a ticket for inattentive driving, drove to the court house, and paid the fine. Compare and contrast with what happened here. Shameful!

211 streetsmart November 28, 2011 at 11:40 PM

So nobody was injured in the accident.
I’m surprised the cops even showed up!

212 Hey MAYOR how did you get this information to begin with? November 28, 2011 at 11:41 PM

Thank you.

213 Looks like this will not be over for a while! November 28, 2011 at 11:49 PM

I think IA should look at the department! I-A Internal affairs.

To bad this has gotten so out of hand.

There are a lot of good people who work there!

214 INTRESTING READING!! MUST SEE!!! November 28, 2011 at 11:51 PM

Lt. Robin Heinemann, who has filed two sexual harassment lawsuits against the Concord Police, is now being sued for sexual harassment by a female employee.

https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B2EzgMnqpQR3YWRhMDBjZDktZTQ5MS00OThjLTk1NjEtZTMwYjljMDRlMTJm&hl=en

215 Carl Sagan November 28, 2011 at 11:59 PM

Traffic tickets waived, free drugs from the evidence locker, $120k/year and full benefits. What a gig.

216 WC resident November 29, 2011 at 12:18 AM

I’m beginning to wonder if the reason for voiding the ticket was either because captain Downing or the chief felt that it was issued in retaliation or to prevent the appearance of harassment or retaliation. Lt. Robin Heinemann has sued the city and police department twice for sexual harassment. The first time she won $1.25 million (split between several defendants) and a promotion to lieutenant. The second time the city settled for $150,000. Thus I’d have to imagine they would be extra careful about ticketing her.

217 imrereurrere November 29, 2011 at 1:16 AM

your right #173.There is alot more dirt that would be brought up if a reporter or investigator got involved.I for one would have alot to say dating back to the mid 80′s.They are corrupt now as they have as far back as i remember been

218 Claire Voyance November 29, 2011 at 1:31 AM

Excerpt from @ 206

If, after an arrested person has signed and received a copy of a
notice to appear, the arresting officer or other officer of the
issuing agency, determines that, in the interest of justice, the
citation or notice should be dismissed, the arresting agency may
recommend, in writing, to the magistrate or judge that the case be
dismissed.

The recommendation shall cite the reasons for the recommendation and be filed with the court.

I’d love to read CPD’s recommendation.

219 Claire Voyance November 29, 2011 at 1:40 AM

Sec. 106-31. Traffic duties of Police Department.

It shall be the duty of the Police Department to enforce the street traffic regulations of this city and all of the state vehicle laws applicable to street traffic in this city, to make arrests for traffic violations, to investigate traffic accidents, and to cooperate with the Director of Public Works and other officers of the city in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon said department by this chapter and the traffic ordinances of this city.

(Code 1965, § 3203; Ord. No. 743)

220 A fan of R. Bruckert November 29, 2011 at 1:42 AM

I commend officer bruckert for issuing the citation. He was well within his rights. Even if it was an “F-you” towards Robin, she earned it. She failed to yield to oncoming traffic and thus she should suffer the consequences.

221 Claire Voyance November 29, 2011 at 1:43 AM

FYI: Anaheim Police Department: Oath of Office

Police Officer Oath of Office

I, do solemnly swear, that I will support and defend the Constitution of the United States, and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance, to the Constitution of the State Of California; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will well and faithfully discharge the duties, of the office of Police Officer of the City of Anaheim, acting to the best of my ability.

222 Mr. Anon E. Mouse November 29, 2011 at 1:44 AM

Fire them all!
starting at the top! hehe, ((okay one level from the top))
http://www.ci.concord.ca.us/pdf/dept/finance/budget/budget2008-2009/VolumeI/2CityOrg.pdf#page=3
for those too lazy to click :D
{People of the City of Concord}
^ ^ ^
City council City clerk City Treasurer
^
City Mangager
^
Rest of the department heads inc. PD report to Keen

Irish Mousse: I too heard similar rumors in the 80s and 90s AND we did(do) live in Concord! My mother was not fond of the CPD continuously harassing my brother (and according to her, his minority friends). Crys of racism, sexism and harassment (or favoritism) are a slippery slope.
I don’t think we possess all the facts which makes this look like an ugly situation. On the other hand, the city/pd aren’t releasing more information which is even more damning. Irregardless if the petitioner is a “blogger”, journalist, OR a regular citizen, OUR government is here to serve us.
Depending on circumstances between now and next council meeting, I will be attending too and point out the questionable ethics involved in not only the original accident and subsequent dismissal of a citation for an OFF DUTY officer but the way their BOSSES (constituents) were treated trying to furthering the pursuit of truth and ethical disclosure.

FYI: For those of you outraged about this special treatment, now maybe you can understand what the Occupy movement is about.
Government is [supposed] to work FOR us (the citizens), not every Tom Lobbyist, Dick Corporation or Harry Politician.
If you’re not upset, you’re not paying attention.

223 Mike November 29, 2011 at 3:28 AM

Is Lt. Heinemann gay? I thought she had a kid. Not that gay couples can’t adopt children. Those are some very serious accusations against Robin. It doesn’t sound like something an employee would just make up. A Lt. should know better to joke around with an employee like that. If all this turns out to be true, I can’t see the CPD keeping her.

224 mileena November 29, 2011 at 4:11 AM

@Another Claycordian:

“What you quoted is a quote of a quote. It is a statement by another poster here whom I quoted to give a corollary to (that is, I posed somewhat of a response to their statement).

It’s nice to see that you’re back in the corner again. Perhaps next time you’ll read before posting. Please let me know if you need me to write with smaller words so we won’t have this problem in the future.”

Your attempt to distract from the issue at hand is clever, but nonetheless, you fail! Big time, I might add.

You said “-How often do you ever hear of subpoenas being issued for that type of infraction? I’d bet it doesn’t happen a fraction of one percent of the time.”

You gave the point validity by taking the assumption as valid. And you gave no indication you believed the assumption was invalid, which it is. Again, cell phone records prove nothing about when the person was talking on a cell phone.

Furthermore, when you quote someone, it is commonplace to use quotes, something which must have passed you.

It is clear you are not educated. Please save yourself further embarrassment and stop posting online.

225 Where's Keen? November 29, 2011 at 5:26 AM

I’d like to know what role Dan Keen had in all of this! There is NO way he wasn’t advised and/or kept in the loop when this first transpired! How about contacting Keen and get him on record on when he was advised and by whom! Why does the city council allow this garbage to happen? Mayor, have you contacted Keen yet for this info?

226 FIRE KEEN November 29, 2011 at 5:47 AM

Hey City Council,

Are you listening???? Do you listen to the people who elected you??

FIRE KEEN!!! NOW!

227 ev November 29, 2011 at 6:29 AM

This falls on City Council Too. What is happening in the city of concord??????????IS EVERYONE BECOMING CORRUPT. We need a new City manager and call for a recall on the entire City Council and investigation into the police department. Anybody ask Mark Peterson for a response to this?

228 ev November 29, 2011 at 6:45 AM

I THINK I WILL START A PETITION FOR RECALL OF CITY COUNCIL MEMBERS AND INVESTIGATION INTO CPD. WHEN THE CITY WAS INFORMED OF LETTERS FROM DTSC AND WATERBOARD ON THE CRUDE OIL SPILL NO ONE WOULD RESPOND, OR RETURN MY CALLS. THEY WILL BE VOTING ON KEEPING THE REDEVELOPMENT AGENCY, WHILE OTHER CITIES ARE NOT, BECAUSE OF NEW LAWS PASSED. ANYONE NOTICE A CHANGE IN PROCEDURE ON POLICE SCANNER? WE CAN MAKE A DIFFERENCE….IT IS TIME.

229 Chris November 29, 2011 at 7:35 AM

In regards to firing Keene, Shinn and Leone are friends of his so you won’t get any help there. Also Shinn is just as smug as Keene so good luck with that!

230 Anon November 29, 2011 at 7:42 AM

dear 165,

Did I hit a nerve or what!

I used Capital letters because yes I was shouting.

Occupy Concord City Council and tell them this is not acceptable.

Oh Yeah, YOU SHUT UP!

231 Sad citizen November 29, 2011 at 8:16 AM

Robin has filed so many lawsuits against the city of Concord. In the interest of justice in this case means to save the city thousands of dollars so Robin doesn’t sue again.

232 Dear Lee White November 29, 2011 at 8:53 AM

You tell us about a fictional Kansas Highway Patrol Officer who allegedly wrote himself a ticket. And you think this is great. Tell us : Did the Officer write himself a ticket every time he found himself going over the speed limit? If so did he refuse to testify against himself? Did he take the fifth amendment?He must have gotten a lot of overtime, what with writing himself tickets and then refusing to testify against himself. Hmm, overtime we’ll talk about that later.

If you want to put out silly stories like this, go ahead, but you ain’t in Kansas anymore, Toto.

233 Jet guy November 29, 2011 at 9:09 AM

I must admit, I’m a little envious of the people on here who have no life’s. Where do they find the time to call city managers, write non sense letters, fight with others on claycord, etc?

234 Lee White November 29, 2011 at 9:33 AM

@233, Charles Hanna is not fictional. In fact, he wrote a guest column for his hometown newspaper, the Augusta (Kansas) Gazette on September 1, 2011. Want proof? Here’s the link: http://www.augustagazette.com/opinions/columnists/x549431425/Charles-Hanna-Proud-to-be-an-American

Yes, I know I’m not in Kansas anymore. I am in a corrupt ghetto full of drug-dealing, gun-running, store-robbing thugs presided over by a mayor and council who run the gamut from phony to senile to just plain clueless. Why have I stayed? One reason: My wife receives excellent medical care in San Francisco. Other than that, in the words of Rodney Dangerfield, “Well, this whole place sucks. That’s right. It sucks.”

235 Albert November 29, 2011 at 9:38 AM

In all seriousness, how long is Keen going to go unchecked for the numerous lawsuits in which the city has paid out, the assanine decisions being made and overall failures of the city? When is enough actually enough?

236 The Victims Family Did Post Here November 29, 2011 at 9:42 AM

… but it got buried. Here is their relevant post in full:


#177
Uncle of driver 2 November 28, 2011 at 8:38 pm

My nephew was the one hit by this officer, and he was injured in this accident. And to the couple of idiots that don’t know what happens when there is a car accident, if you break the law (ie) traffic violation during an accident you get cited. And as a follow up, the police officers insurance company is fighting with my nephew about the damages on the car and the amount. So not only does he have to deal with his injuries, he now has to worry about getting his money to replace his car which was a complete total.”

237 Rico November 29, 2011 at 9:55 AM

Uncle of driver,
I knew you would be having problems with the insurance companies. They don’t discriminate, they screw everyone. This is not the Lt.s fault though. I would be getting all reciepts together for all the improvements to the car, get online and find what it would cost to replace the car. Sue the LT. personally for whatever they don’t pay for. That should get her to light a fire under her insurance company.

238 HJ November 29, 2011 at 10:12 AM
239 ChampagneKitty November 29, 2011 at 10:15 AM

As I said before, I think that what Captain Downing did was wrong, but some of you are taking this too far. It’s okay to be mad at Concord P.D., at Captain Downing, and at Chief Swanger since he is the boss. But blaming the City Council, City Manager, and City Attorney doesn’t do any good; they had nothing to do with this. I don’t know what cover-up some of you are talking about. The voiding of the ticket is no longer being covered up; we know about it now. I suspect this is a common thing among police departments. It is wrong, but common. Please direct your anger where it belongs, which is the police department.

240 cuervo jones November 29, 2011 at 10:31 AM

Concord might want to take a page out of the new Fullerton playbook. dcirty cops and council pigs scrambling for their political and in some cases their actual freedom. only took a couple months. course the FPD had to murder someone to get that kind of attention.

241 suspicious of coincidence November 29, 2011 at 10:41 AM

Look, we have heard from every lunatic in Claycord who has an opinion. One poster thinks its cool for cops to write themselves tickets, several that have posted silly letters they have written, and a handful think noise equals credibility.

Some folks have had little mini therapy sessions for themselves about lesbians,mafia style city hall politics and the like.

No question this doesn’t look good , but one question: Does anyone else think its a coincidence that one cop has managed to write the City Manager and a Lt. tickets? Could he be gunning for certain people?If thats the case should the police administration tolerate it?

Am I the only one bothered by this?

242 Leo November 29, 2011 at 10:50 AM

According to the Times Public Employees’ Salary Database, here are the gross salaries of the officers participating in the “review”:

$127,409 Bruckert
$155,316 Graham
$176,791 Heinemann

According to the City of Concord’s salary schedule by position, here are the base salaries of the remaining officers in the “review”:

$110,832 Nunes
$192,504 Downing

So the collective earning of these officers is $762,852. That’s a lot of money to pay people to sit around and review the “justice” of a single ticket. Maybe they should leave that to the courts.

And one final thought: If this cover-up was done in the name of justice, I should assume that letting the ticket go through would have been an injustice. Is Bruckert going to be reprimanded for this supposed unjust act? If not, why?

243 Matt November 29, 2011 at 11:17 AM

I wrote the City Council an email last night. This was a reply from Mr. Keen this morning:

On behalf of the City Council, I am responding to your email from yesterday.

Attached, please find the Concord Police Department Policy which addresses the matter you wrote about.

I have personally reviewed this matter in detail with the Police Chief and other Department staff, and am satisfied that the action of Captain Downing was within Policy. Accordingly, no further action will be taken on this matter.

Thank you for expressing your concerns to the City, and for giving us the opportunity to provide this clarifying information.

Sincerely,
Daniel E. Keen
City Manager

244 Chris Blair November 29, 2011 at 11:25 AM

For those of you whom might be interested, you can find a photo of both Captain Downing and Lt. Heinemann here:

http://www.ci.concord.ca.us/about/contact/depts/pd.asp

245 Citizen Watchdog November 29, 2011 at 11:47 AM

Citizen Watchdog’s Report:

This morning I had a ten minute conversation about this with Capt. Downing followed by a ten minute conversation with Mark Coon (Deputy City Attorney; Craig Ladbie refused to speak to me).

Capt. Downing summary: He said there is alot more to this case that he can not comment on because it would violate an officer’s right to due process. He recommended that I refer all questions to the City Attorney’s office. He ended our conversation by saying that the person running Claycord.com has no ethics as news media. When I told him it is just someone running a blog and that I am not aware that The Mayor ever claimed to be news media, he stated that he asked multiple times to be interviewed and was refused.

Mark Coon summary: He immediately referrred me to talk to Capt Downing, when I told him I was told by Capt. Downing to call the City Attorney he acted shocked and somewhat peeved. Mark claims that ALL policies and procedures were followed. I asked him which ones, he could not answer, but promised to email them this morning. (I still have not received them; I’m not holding my breath). He went on and on about how there is no requirement a citation be issued and this is a non-story drummed up by Claycord.com. I asked if Claycord.com was lying. A pause followed by, “Claycord.com is not being factual”. I asked how a Concord citizen like me could protest this favoritism in the PD. He recommended that I make public comment at city council meetings. Which I intend to do.

246 CROOKED November 29, 2011 at 11:56 AM

Expect this from your public servants. It’s no different than the benefits given family members in other cities and counties. Here’s an example, After attacking someone with a knife during an attempted carjacking the son of a retired Contra Costa County deputy and ex mayor of Pleasant Hill was off the hook—–until he stabbed again. Then Pleasant Hill cops arrested and jailed an innocent man for the 2nd assault. See Juryuninformed.blogspot.com

247 @ (243) suspicious of coincidence November 29, 2011 at 11:59 AM

“Look, we have heard from every lunatic in Claycord who has an opinion”

And you’re just the most intelligent person who has posted here.

Get some perspective on your intelligence or lack thereof.

Regards,
jtkatec

248 CaliNative November 29, 2011 at 12:02 PM

@Mayor -

When the SF Gate pretty much copies your exact story on their site, do you get some kind of recognition or compensation? You would think they would do their own investigative work, but looks like they would rather just copy your words.

249 Chris Blair November 29, 2011 at 12:07 PM

That Captain David E. Downing is willing to impugn the entire Concord Police Departments’ integrity and character and violate the trust of the people he allegedly “serves and protects” over such a trivial amount of money – $234! – is absolutely astounding!

So called “professional courtesy” should always, truly offend everyone.

Even if the Concord PD has/had the capacity to reinstate the ticket, the damage is done to the Concord PD’s credibility.

One can reasonably ask: what else is Captain Downing willing to dismiss, cover-up, and/or lie about under “professional courtesy”?

Assume the worst. At least you’ll be operating in Reality instead of Fantasyland.

“… “in the interest of justice” should truly read “in the interest of JUST US.”

250 CLAYCORD.com November 29, 2011 at 12:16 PM

@citizen watchdog, I’m typing on my phone so this will be brief. I contacted Downing once, and he didn’t answer my question, instead, he asked me if I was a member of the society of profesional journalists. As for Mark Coon, we’ve had good discussions, but of course he will say this is a non-story, which it isn’t. Downing never ased to b interviewed about this. I reached out to him and dint get my questions answered. I have more ethics than any blogger alive, so if he truly said that then he’s reaching and obviously doesn’t read claycord.com. I don’t blame him for being mad though, because I’m sure he doesn’t like this story. One more thing, this story is 100% factual.

251 ALPHA BETA November 29, 2011 at 12:18 PM

Lee White. Well said. I believe the words you are seeking include:

INTEGRITY
HONESTY
RESPONSIBILITY
ACCOUNTABILITY

None of these words exist in the current system.

It is also unfortunate to see the lynch mob mentality in the rest of the comments. While officers often void tickets for civilians as well, the issue here is that no one seems to like Heineman and no one seems to care to explain WHY her ticket was voided. Of course it is easier just to find a nearby tree and lynch everyone. Grow up people! Civil disobedience is not the same thing as violent blog attacks. All the latter does is show immaturity and explains why your kids are often in the news!

Lee – you implied an ailment of your wife treated in SF. I wish you both well. Excellent story on Charles Hannah. There was a day when the above list of words counted for things, along with sworn oaths!

252 Fred P. November 29, 2011 at 12:19 PM

Mr. Mayor,

Keep up the good work! We need the information that the “mainstream media” doesn’t provide….

Again – it’s time to flush out the politicians that allow this to happen. Apparently, none of them had heard anything about ethics.

253 Blar November 29, 2011 at 12:20 PM

ChampagneKitty@241: Are you married to a bad cop or something? Seems weird to tell people that what they think isn’t valid, should we do the same to you?

254 Blar November 29, 2011 at 12:24 PM

CitizenWatchdog: You may be framing your questions improperly. Focus on the acts, not the people. Ask, “Under what circumstances can a ticket be dismissed without a judge’s approval? When can a department Captain dismiss a ticket unilaterally? What policies or laws cover this behavior?”

Obviously a ticket was issued, so any talk about whether one is required or not is moot. The ticket was written, and as many of us have been told by meter maids, tow-truck drivers, and other officers, once it’s written it may as well be in stone.

255 W. M November 29, 2011 at 12:25 PM

If Dan Keen thinks this is ok and no further action should be taken we need a reason why it was an injustice! I don not understand this at all if a ticket was issued it should be up to the courts to decide if it was an injustice?

@242 you are either a cop that does not like officer Bruckert or a complete idiot! It comes down to one cop doing his job and two corrupt Lt’s bending the rules to benefit themselves. It makes all of CPD look bad!

256 Public Pension Piggies November 29, 2011 at 12:48 PM

And these “heroes” will be collecting taxpayer-funded six-figure pensions, not to mention healthcare.

All bow to Saint Cop and Father Fireman.

257 @ W.M November 29, 2011 at 1:00 PM

Do you mean #243 instead of #242? Because #242 was about corruption in the Fullerton PD.

I googled FPD and found some stories about what happened there. And a lawsuit.

http://www.ktla.com/news/landing/ktla-fullerton-police-brawl,0,6541396.story

http://www.ocweekly.com/2011-11-24/news/fullerton-police-department-ron-kelly-thomas/

258 anonymous November 29, 2011 at 1:01 PM

I love how stories like this bring out all the cop haters. Grab your torches and pitchforks everyone, I saw a cop car with its headlight out! It is a vehicle code violation (section blah, blah, blah). He needs a ticket and should be fired!

One time when I was drunk and fighting with some dude, the cops came and this one cop was a total jerk and yelled at me! Can you believe it?

Maybe all this energy would be better spent on something more productive.

Whatever person (probably a cop with an axe to grind) gave this story to the Mayor needs a kick in the nuts.

The media loves to bash cops because the public eats it up and they make money (increased advertising $$$ from increased exposure and readership)

Unfortunately the media (claycord included) hardly ever presents the whole story (either due to laziness, biased sources and inability of the police to legally divulge certain information) and people jump to all sorts of ridiculous far-reaching conclusions in the hate-fest that follows.

Just in the last week I’ve read a ton of anti-police stories where the media only interviewed some suspect or the suspect’s family and pretty much allowed them to say whatever they wanted while the police departments were constrained from making statements for various legal reasons.

259 W. M November 29, 2011 at 1:12 PM

@#259 yes you are correct it was supposed to be #243.
That is some very interesting information you put on here!

260 Public Pension Piggies November 29, 2011 at 1:16 PM

@ anon 260,

I support the police. But they don’t get to hide under the “Hero” banner when they are corrupt and/or incompetent. And toss in the fact “we” pay them good salaries and outrageous pensions, then that’s really tough shit if for sycophants like you when your idols get called to the carpet.

261 Merry Christmas Everyone!! November 29, 2011 at 1:19 PM

A lot of you have never had a conversation with the Chief or the Captain to know that they are great people! I trust in these two because they’re different than all the others out there. They are two people who actually know your name and take the time to talk to you. Additionally, the Chief and Captain make more community appearances then I have ever seen in any prior leader. They really want the best for the citizens of Concord. These are two good guys you people don’t know. Just realize they have a difficult job in which they have to supervise a department with many different personalities and maintain a peaceful work environment. In this case there’s the letter of the law and the spirit of the law and it was best that the ticket got dismissed.

262 W. M November 29, 2011 at 1:21 PM

@259 thanks yes I mean 243.

@#260 are you a cop?

263 @ 243 "Suspicious" November 29, 2011 at 1:25 PM

How many citizens has this “one” cop ticketed? Are their actions any different than those of a certain Lt. and City Manager? You’re giving the impression that any Lt. and City Manager should be excused from citation when countless others (non-governmental employees) are held accountable and must pay up for similar infractions.
I’m bothered by the way you think and hope most Concordians are too.

264 1991 November 29, 2011 at 1:35 PM

LMAO @ 216 THIS THE BEST COMMENT ON HERE

265 Claire Voyance November 29, 2011 at 1:58 PM

The arresting officer must have probable cause to issue the traffic ticket.

If the arresting officer did not have probable cause to issue the traffic ticket, the arresting officer violated the law.

If the arresting officer had probable cause to issue the traffic ticket, the person who received the traffic ticket must GO TO COURT to get the traffic ticket dismissed. The arresting agency bears the burden of proof of guilt.

The exception: sleazy “interest of justice” dismissal, which MUST BE APPROVED BY A MAGISTRATE OR JUDGE IN A COURT OF LAW.

This case is not over.

The public has a right to read the CPD recommendation for dismissal “in the interest of justice.”

266 @anon #260 November 29, 2011 at 2:00 PM

You are a stu stu stupid dumb sarcastic fool! Where in any of the comments did you see those idiotic examples you used? There might be one or two cop haters on here, but from what I have read the comments are from a bunch of fed up citizens who are sick of officers and government officials abusing there power! I would guess you are an officer who is blushing and pissed off that this has happened? CPD is in the wrong here and need to tell the truth on this one. I am really looking forward to open comment at next council meeting. Council will provide answers like “we can not talk about this due to privacy of officers involved.” or “we will look into it.” and nothing will ever be said. Dan Keen will sit there with his bald head and red face grining like a special person.

267 Tinknocker November 29, 2011 at 2:04 PM

Refer #237 – Keen doesn’t care because he and his family live in Novato, CA.
He’s worked for the City of Concord long enough that if he retires tomorrow he will get his full retirement. He’s Concord’s Barry Zirto, the city has him and they are stuck with him.

268 Chris November 29, 2011 at 2:10 PM

The real problem is that this is just a small symptom of a much greater cancer. The fact that unwritten “Police code” mandates that cops don’t police other cops is a well known fact referred to as the “blue shield”or “blue code of silence” and actually extends into cops protecting cops even when they have clearly broken the law. This case is a fine example of such, unfortunately the laws that are broken are often times much worse. Crimes that range from off duty DUI’s to on duty prejudice and abuse. “Power corrupts and absolute power corrupts absolutely” is clearly in play until “we the people” decide to take back our freedoms and rights by reminding the police that they are in fact ” just ordinary men and women doing a tough job” as they love to state. I for one believe a system of community oversight of the police is long overdue.

269 Anon2you November 29, 2011 at 2:13 PM

This is not about being “cop haters”, it is fully about a percieved favor done by a superior officer to a subordinate officer, one which the normal civilian would not recieve in their place. Other than fix it tickets, I have never been given a break by the law and had a citation removed/voided. This needs to be investigated further as to why the action was taken. Did the female officer offer some “favors” to her boss for the action, or was the Male superior officer trying to gain favor by a female officer prone to filling sexual harrassment lawsuits?

270 KenInConcord November 29, 2011 at 2:21 PM

WAIT A MINUTE, The officer is gay??? That explains a lot, If this was a White Male Breader. The City would be three (soon to be four) lawsuits richer. There is no shortage of Lawyers that will take on her case for free. We all know it’s impossible to offend a Christian Male!

271 Bumper Sticker November 29, 2011 at 2:27 PM

in the interest of “Justice.”

Who makes bumper stickers in Claycord?

272 In da know November 29, 2011 at 2:32 PM

Mayor:

The City Attorney is very errorneous in reponding to your Public Info Act Request by taking refuge under the “needle-in-a-haystack” BS. It is SOP when an officer dimisses any cite by invoking “in the interest of justice” provision that a clearly documented audit trail exists. A “void” card (official city form) is completed by the issuing officer and undergoes a command staff review. If approved, the “Void” card is attached to the original cite and becomes a permanent public record filed in the Records Department at CPD. Nice try Craig or Mark. Mr. Mayor, I suggest you re-submit your request with this new foynd knowledge.

273 CCTV November 29, 2011 at 2:33 PM

“.. traffic collision on Galindo Street, directly in front of the Concord Police Department.”

Any cameras that might have recorded it ?

274 Anonymous November 29, 2011 at 2:40 PM

@Matt 245
Could you share the policy that Mr. Keen attached to his email to you?

I doubt that the policy specifically exempts police officers from traffic citations, especially if/when an injury accident is involved. However, if the Police Department or the City has a policy on voiding tickets, it would be interesting to see.

For those of you who think this is the Police Department’s fault, you need to take another look at the cover-up responses (or no response) from City Hall. The Legal Department’s letter to the Mayor was rude (“needle in a haystack,” etc.) If the City Attorney is worth anywhere near his salary, he should know the requirements of the California Public Records Act. He is supposed to help the Mayor of Claycord identify public records that are responsive to the Mayor’s request. This is an example of exceptionally poor public service and I’m afraid it’s fairly commonplace with city attorneys (and attorneys in general).

I am still trying to figure out if the Police Department voided the ticket or if the Police Department recommended that the Court void the ticket. Perhaps the Mayor can ask for any records concerning the disposition of this matter including any emails between the Police Department and the City Manager’s Office and the City Attorney’s Office. I don’t think they can claim attorney privilege, attorney work product, etc. since no suit is filed.

Although I am disappointed by the City’s response to the Mayor, I can also understand that the City may be exposed to additional harassment charges and liability if the City doesn’t find a way to void the ticket. However, the City still needs to follow the appropriate procedures for voiding the ticket.

275 j November 29, 2011 at 2:51 PM

mf lotz of comments on this

276 funny man November 29, 2011 at 3:39 PM

something smells rotten around parkside drive …(and its not a sulfur spring)

277 Alan November 29, 2011 at 4:28 PM

What a load of crap!

Police personnel should not be above the law. AND, there should be sunshine and tranparency in government to the greatest extent possible.

“In the interest of justice” would be the exact opposite… justice in other words! Give me a break!

278 Matt November 29, 2011 at 4:31 PM

The policy provided to me by Mr. Keen is as follows:

A. POLICY STATEMENT
The Concord Police Department recognizes the importance of maintaining an accurate accounting of
citations which it issues. We are committed to establishing and maintaining a procedure that ensures
we meet this objective. This procedure is necessary to reassure the public that favoritism does not
occur, but that a procedure exists for the handling of citation grievances in the interest of justice.
B. GENERAL
1. The purpose of this General Order is to establish a uniform method for issuance of and
accounting for citations.
2. Every citation issued by this department is subject to audit by the County Auditor’s Office and
an explanation may be required for any citation not accounted for.
3. Under some conditions recommending dismissal of a citation may be called for. The
Commander of the Field Operations Division shall have the authority to recommend dismissal
of any citation he deems necessary within the provisions of 40500D and 40202C VC.
.1 40500D VC states:
Once the arresting officer has prepared the written notice to appear, and has delivered a
copy to the arrested person, the officer shall deliver the remaining original and all copies
of the notice to appear as provided by Section 40506.
Any person, including the arresting officer and any member of the officer’s department
or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or
causes to be altered, concealed, modified, nullified, or destroyed, the face side of the
remaining original or any copy of a citation that was retained by the officer, for any
reason, before it is filed with the magistrate or with a person authorized by the magistrate
or judge to receive a deposit of bail, is guilty of a misdemeanor.
If after an arrested person has signed and received a copy of a notice to appear, the
arresting officer or other officer of the issuing agency, determines that, in the interest of
justice, the citation or notice should be dismissed, the arresting agency may recommend,
in writing, to the magistrate or judge that the case be dismissed. The recommendation
shall cite the reasons for the recommendation and be filed with the court.
If the magistrate or judge makes a finding that there are grounds for dismissal, the
finding shall be entered on the record and the infraction or misdemeanor dismissed.
Chief of Police
Under no circumstances shall a personal relationship with any officer, public official, or
law enforcement agency be grounds for dismissal.
.2 40202C VC states:
Once the issuing officer has prepared the notice of parking violation and has attached it
to the vehicle as provided in subdivision (a), the officer shall file the notice with the
processing agency. Any person, including the issuing officer and any member of the
officer’s department or agency, or any peace officer who alters, conceals, modifies,
nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed
the face of the remaining original or any copy of a citation that was retained by the
officer, for any reason, before it is filed with the processing agency or with a person
authorized to receive the deposit of the parking penalty, is guilty of a misdemeanor.
If within 21 days after a copy of the notice of parking violation is attached to the vehicle,
the issuing officer determines that, in the interest of justice, the notice of parking
violation should be dismissed, the issuing agency may recommend, in writing, that the
charges be dismissed. The recommendation shall cite the reasons for the
recommendation and shall be filed with the processing agency.
If the processing agency makes as finding that there are grounds for dismissal, the
finding shall be entered on the record and the notice of parking violation shall be
cancelled pursuant to paragraph (1) of subdivision (a) of Section 40215.
Under no circumstances shall a personal relationship with any officer, public official, or
law enforcement agency be grounds for dismissal
.3 Authority to recommend dismissal of citations may be delegated to specific individuals
by the Commander of the Field Operations Division to maintain control of such
procedure during his absence.
.4 Dismissed citations will be processed through the Records Bureau.
.5 The employee who issued the citation shall, in every case, be notified that the citation
was dismissed and the reasons therefor.
C. WARNING
1. Recommending dismissal of citations outside the guidelines of the vehicle code is a misdemeanor.
Violation of this General Order could result in criminal prosecution and/or serious
disciplinary action.
D. CITATION VOIDS
1. Conditions may arise when an employee determines that the proper course of action is to void
a citation that has been completed, partially or in whole, but has not yet been filed with the
court. Conditions which may justify voiding a citation include, but are not limited to:
.1 A duplicate citation has been completed.
.2 The citation to be voided is evidence of a crime (31 CVC, 148.9 PC, etc.).
.3 The infraction/misdemeanor violation(s) is to be combined with a felony charge.
.4 The employee believes it is in the interest of justice to do so.
2. When an employee elects to void a citation, he/she must do the following:
.1 Collect all copies (court, department and violator) of the citation.
.01 If the violator has been released with their copy of the citation, the employee shall
notify him/her of the void by means of a citation correction notice form. This shall
occur only after the citation void has been reviewed and approved by the
employee’s immediate supervisor and the Field Operations Division Commander,
as described below.
.2 Complete the citation void form (CP 157 776) and attach it to the citation.
.01 The exception would be for citations that are placed into evidence. In those
instances, the completed void form would be completed and forwarded for review
and approval, as outlined below.
.3 The void form and voided citation shall be forwarded to the employee’s immediate
supervisor for review and approval.
.4 Once the employee’s immediate supervisor has reviewed and approved the citation void,
the documents shall be forwarded to the Field Operations Division Commander for
review and approval.
.5 Once the Field Operations Division Commander has reviewed and approved the citation
void, he/she shall forward all of the documents to the Records Bureau for filing.
E. CITATION CONTROL AND AUDITING
1. All citations shall be kept secure in a locked cabinet in the Records Bureau. The on-duty
records clerk shall be responsible for the issuance of all citations. Citation books shall be
checked out in sequence. The employee receiving the book of citations will enter their name,
date, and the first and last citation number of the book into the ledger provided for that
purpose. The on-duty records clerk will then review the ledger entry to ensure accuracy and
then place the ledger in the locked cabinet along with the citations.
2. When a citation is issued, all copies (except the violator’s copy) will be turned in to the
department on the next business day.
.1 If changes or amendments to the original citation are required, the Traffic Bureau or
Records Bureau will return the citation to the issuing employee for necessary changes on
the Citation Amendment Form (CP 156-1075).
.01 Original copy will be attached to the court copy of the citation.
.02 The second copy will be mailed to the violator.
.03 The third copy will be attached to the yellow copy of the citation for filing.
3. Records Bureau will process all citations received.
.1 White copies will be forwarded to the court after data entry of the information.
.2 Yellow copies will be filed by employee number and then in numerical sequence.
.01 A photocopy of the citation may be obtained from the Records Bureau when
needed for court use.
.3 Dismissed citations will be filed by employee number and in sequence with the
Dismissal Request (CP 157-776) attached.
.01 All copies of dismissed citations will be entered into the computerized records
management system and then filed.
4. The Records Bureau will conduct random audits on a biannual basis to ensure citation
accountability.
.1 Eight to ten citation files will be compared with the citation log/ledger. If any citation is
missing in the file, i.e. out of numerical sequence, the officer who was assigned the
numerical sequence shall be contacted to locate and/or account for the citation.

279 Concernicus November 29, 2011 at 4:33 PM

@262: … “sycophants”? sicko-pants? psychopaths? psycho-fans? disco-plants?

@278: well, i cant help it. i had a burrito last night. just wait a bit…light some incense… turn on a fan…. itll go.

for the article itself: injustice isnt exactly a rarity in america.

280 Pete Malloy November 29, 2011 at 5:15 PM

My 2 cents worth

Reading between the lines, it appears that the Administration of CPD believes the issuing officer has it out for them. Whether it’s retaliation against the Lieutenant herself, for her previous law suites or the Administrations perceived lack of leadership is anyone guess. When the Administration acted to dismiss the citation they created the appearance of impropriety. Had they ignored what they believed the officer’s motivation were, and simply looked to see if what he did was lawful it would have been a non-issue. If what the issuing officer did was lawful, they should have let it go to Traffic Court and let the chips fall where they may. If they truly believe what did was unlawful place him on Admin leave; give him his due process rights and hold the ticked until the investigation is completed. What they’ve done, rightly or wrongly gives the appearance of preferential treatment to the Administration in general and police as a whole. But hey, what do I know . . .

281 MADGRAM November 29, 2011 at 5:25 PM

The same Officer Bruckert who issued the ticket has also stopped me while I was at a stop sign. He pulled me over for no seatbelt. I did have one on, and he told me I had to have a shoulder belt on too. He then explained that if I fixed the shoulder belt, they would write the ticket as a fix it ticket. My son was in the car at the time and heard the whole thing.
Bottom line, he lied, I went to court to fight the ticket and of course lost. There are good ones and bad ones. Unfortunately, it is getting harder to figure out which ones are which.

282 Sira Mohammed November 29, 2011 at 5:53 PM

As a female EMT, I love this. It is the perfect example of how my looks can get me out of trouble. I just say that I like women and I pretty much can get whatever. Pro Transport-1 all the way!!

283 Fred P. November 29, 2011 at 6:09 PM

@Matt #280…

… shall we take bets as to whether all sections of Concord’s policy were followed – to the letter?

BTW, that’s a rhetorical question…

284 @Mayor of Claycord November 29, 2011 at 6:23 PM

Do you know, or does anyone else know when the next Concord council meeting is? I would like to enter the public comment to confront council and Dan Keen on this issue.
I thought they were the 1st, 2nd and 4th tuesday of every month but can’t seem to find one tonight?

Thanks for your time!

285 CLAYCORD.com November 29, 2011 at 6:25 PM

@@Mayor of Claycord, the next meeting is next Tuesday December 6th at 6:30pm.

286 Cvhs 94 November 29, 2011 at 9:30 PM

I guess Concord is like Uganda and Pakistan. The corrupt Police do whatever they liked. CPD just lost my respect. Over paid, corrupt, lazy idiots.

287 Good Friend of Driver #2 November 29, 2011 at 9:37 PM

Driver #2 is a close friend of mine. He was injured by a careless drive that broke the law. Cop, or no cop, my friend’s world has been turned upside down. I just got off of the phone with him. Dealing with the insurance companies, coping with the injuries, and fending off reporters from the Times and Channel 5 news while he is at work are understandably taking their toll on him and his young family. Dealing with the accident is one thing but feeling like the person responsible will escape all responsibility because of a government position they occupy adds a sense of dispair to the situation. As a long time Concord resident my friend is furious with the Concord PD and the City in general. He has been instructed by his attorney to keep his mouth shut.

A car can be replaced and with time his injuries will hopefully heal, but his faith in the American ideal that the ladder of law has no top or no bottom and that our dear Lady of Justice is blind have been damaged beyond repair. There is no prosthsetic for an amputated sense of justice.

My love to Driver #2 and his family. Shout out to Uncle of driver #2!

288 Another Claycordian November 29, 2011 at 10:22 PM

@mileena

Well, since you decided to argue your lack of intelligence again, I shall reply, seeing how you’ve quickly become my #1 fan after being called to the carpet about the NAZI reference.

-”You said “-How often do you ever hear of subpoenas being issued for that type of infraction? I’d bet it doesn’t happen a fraction of one percent of the time.”

You gave the point validity by taking the assumption as valid. And you gave no indication you believed the assumption was invalid, which it is. Again, cell phone records prove nothing about when the person was talking on a cell phone.”

I responded to the point, and gave it no validity. Also, if you knew anything about cell phone records, you would know that depending on the type of phone, and services active on the phone, not only can the time of a call and duration of a call be determined, but the location of the phone during the call may also be calculable. Of course the accuracy of the location is dependant upon the location of nearby cellular towers, the number of them, and if the phone is responding with a GPS coordinate or not, so it can range from a number of yards, to a number of miles (with the latter being less likely in this particular instance since we’re talking about a hypothetical call made in the middle of a sizeable city with multiple towers dispersed throughout.)

-”Furthermore, when you quote someone, it is commonplace to use quotes, something which must have passed you.”

Given that I prefaced the entire post with a note that I was giving a line-by-line corollary, and maintained the original points in the original format, I figured anyone but someone trying to troll me would figure it out, which they appear to have, as have you.

It’s noted that you’re seriously grasping at straws to try to go after me.

“It is clear you are not educated. Please save yourself further embarrassment and stop posting online.”

You can go somewhere else whenever you want, I’m just getting started here. I doubt you will, since you’ve already shown how fixated you can get on someone who pointed out your utter ignorance.

289 mika November 29, 2011 at 10:25 PM

Holy cow! Mr. Mayor, has any other topic received this many comments??????

290 The Realist November 29, 2011 at 10:41 PM

To the Good Friend & Uncle of Driver #2…

Waaahwaaahwaaaah…cry me a river. It was a car accident-BFD! Most of the time the driver at fault does not get cited. Anyone can get in an accident–that’s just the way it is. As far as your maltreated friend/nephew goes–this is purely an insurance matter and has nothing to do with the PD, some female lieutenant, a cover up (or not)..it is all irrelevant.

Your poor friend/nephew would be getting the run-around from both insurance companies even if the Lt. had gotten a ticket. Heck, even if she would have received a ticket–she wouldnt even have had a cout date yet. And even if she went in and either pled guilty, no contest, or fought it and lost–it would have no bearing on little friend/nephew cuz the report is written up and he is not at fault-so quitcher bitchin and whining for him.

Read again: This is an insurance matter–that’s the problem. Move on here–nothing to see.

291 Citizen Watchdog November 29, 2011 at 11:01 PM

Based on my conversation with him and the words used I suspect that “The Realist” may be Capt. Downing himself.

292 The Realist @292 November 29, 2011 at 11:11 PM

How can you claim this to be just “An Insurance Matter” when driver #1 was cited for a violation of the vehicle code, which has nothing to do with insurance? The insurance issue arose when property damage occurred.

293 Claire Voyance November 29, 2011 at 11:21 PM

The Realist is probably a Dirty P*g.

294 Pete Malloy November 30, 2011 at 4:27 AM

and Claire Voyance’s true colors finely come shining through – a name calling propagandist.

You use the Fallacy of Attack argument and attack Realist’s character to distract people from the real topic of debate instead of trying to disprove soundness of his argument.

Do not hide behind an asterisk. Have the internal fortitude to call him a dirty pig. At least people will respect you.

295 Seatbelt November 30, 2011 at 7:15 AM

Lady, either you had your entire seatbelt on correctly or you didn’t. Being at a stop sign has no bearing on it. And the section for wearing it is different than the section for repairing it. Do everyone a favor and stop wearing your seatbelt incorrectly, Don’t wear it at all and Darwin will do the rest! And thanks for setting such a shining example for your son…NOT!

296 Who Cares November 30, 2011 at 7:41 AM

The victim’s injury and vehicle should be covered by insurance, it will make NO difference whether the Lt. was cited or not. It simply is not that important. This is a professional courtesy police routinely grant each other. If she was DUI, this would be another matter entirely.

If it is brought to light that they are stealing from evidence lockers, keeping people’s personal property from raids, selling methamphetamine in large quantities, running a brothel, stealing from prostitutes, well that’s a horse of a different color.

I am still outraged over the C-Net scandal and can’t believe it’s already been swept under the carpet.

297 anonymous November 30, 2011 at 8:07 AM

Looks to me like there is a concern that the Officer has misused his badge for fun. Hardly anyone gets a ticket for jay walking- he got the City Manager.
Hardly anyone gets a ticket in a non-DUI collision- He got the Lt.

Coincidence? Hardly

298 JUST-US November 30, 2011 at 8:13 AM

I Think well all know about the police officers BOLD BLUE LINE and that fellow officers can break laws for years before being taken before a court of law. Also, minor laws do lead to major laws being broken — this is why the CHP catches most of the felons (in the state of CA) by persons breaking simple traffic laws.

What this article highlights is the unfortunate but true JUST-US the police officers give one another as a perk that allows just them to break laws in the interest of their own paradoxical justice (aka JUST-US blue line Justice).

What would California’s attempt to teach global ethics known as P.O.S.T. (aka California’s; Peace – Officers – Standards and – Training ) think of a double standard for peace officers?

A simple citizen or citizen action group could take this matter up — and bring the item to a court of law under California’s laws and CA’s constitution.

It is time in California, after many examples of law officers acting above of the law that that “equal justice for all”, truly be a matter that is taken seriously. Else, our laws are lost in a legal cast system for another 1% group that is above the law.

299 JUST-US (revised) November 30, 2011 at 8:28 AM

I Think we all know about the police officers BOLD BLUE LINE and that fellow officers can break laws for years before being taken before a court of law. Also, minor laws do lead to major laws being broken — this is why the CHP catches most of the felons (in the state of CA) by persons breaking simple traffic laws.

What this article highlights is the unfortunate but true JUST-US the police officers give one another as a perk that allows just them to break laws in the interest of their own paradoxical justice (aka JUST-US blue line Justice).

What would California’s attempt to teach global ethics known as P.O.S.T. (aka California’s; Peace – Officers – Standards and – Training ) think of a double standard for peace officers?

A simple citizen or citizen action group could take this matter up — and bring the item to a court of law under California’s laws and CA’s constitution.

It is time in California, after many examples of law officers acting above of the law that “equal justice for all”, truly be a matter that is taken seriously. Else, our laws are lost in a legal caste system for another 1% group that is above the law.

300 Ridicule, Discrediting and Fallacies Galore November 30, 2011 at 9:57 AM

are being used here on good people asking honest questions about a serious breach of ethics and the law. It’s good to see that there are many who have called the ***s out. Some may lack the critical thinking skills to name the tactics. Although they might not know exactly what’s in the sh*t, they know it stinks to high heaven. Shame on you for stinking up our city.

301 In da know November 30, 2011 at 10:05 AM

Occupy CPD

302 jw November 30, 2011 at 10:24 AM

@ Claire Voyance,
What’s the point of typing P*g? Try to stop being a bed-wetting moron and just say PIG.

@ Good Friend of Driver,
Holy shit dude, just a little overboard on the melodramatic and asinine metaphors, aren’t we? Ladders, prosthetics, amputated sense of justice….ugh, how embarrassing for you.

And The Realist is correct from the standpoint that your friend isn’t dealing with anything different than any of us that have been “not at fault” in an accident. While dubious at best that the citation was dismissed, it is completely irrelevant to dealing with insurance. Your friend is LUCKY that the police report apparently lists the other driver as being at fault, because there are times when it’s simply “my word vs. your word,” and liability is 50/50. So really, next time you and Friend are sipping on Sea Breezes, watching “The Notebook” while your nails dry and you commiserate on this crisis, you might want to consider acting like grown-up men for a change.

@ The Realist,
Much of what you say is indeed true regarding insurance and Driver #2 and his friends/family having their pweshus wittuhl feewings huwt…but it is Grade-A Bullshit that the ticket was dismissed.

303 Uncle of driver 2 November 30, 2011 at 10:26 AM

RE: Realist @292
I agree with you Citizen Watchdog Realist is probably a police officer, my guess it’s the LT. who caused the accident. She had the same smug nasty attitude the day of the accident towards my nephew. She is a real peice of work. But we all deal with people like that in our everyday lives, it’s just sad that she wears a uniform and carries a gun. And we have to pay her to cya herself instead of looking out for the public. Everyone voice your opinon at the next council meeting Tue 6th 6:30 pm

304 LT November 30, 2011 at 10:55 AM

@Realist “Anyone can get in an accident–that’s just the way it is.” Yes, because they aren’t paying attention…. Any little man knows what causes an accident.

305 Uncle of driver 2 November 30, 2011 at 11:07 AM

JW @304
Really, I think you need to switch to decaf.

306 The Realist November 30, 2011 at 11:32 AM

OK, look-I can’t be both Capt Downing AND Lt. Heinemann.

@Cit Watch Dawg: I am not Capt. Downing–just stating the obvious. I didnt say I was in favor of voiding the ticket, nor did I say I was in favor of issuing it…simply that this is an insurance matter and their (the insurance company) fighting a claim has nothing to do with Lt. Heinemann

Which brings me to uncle knucklehead again: No I am not Lt. Heinemann either. Whiner.

And finally to my dear Claire…classy as always. I will try to say this so even you understand, “Go F#%& Yourself.”

To everyone else–have a nice day.

307 Uncle of driver 2 November 30, 2011 at 11:32 AM

LT @ 306
Yes anyone can cause an accident and normal people get cited when they break the law. And the LT was turning into the police station which she has done many many times before. But as per the eye witness she didn’t just creep thru the intersection, she gunned it thru the intersection. She is a police officer who is suppose to be well trained on her driving skills not too mention obey traffic laws. The main point is the LT is not above the law, and is subjected to the same laws we are. There is a reason the captain voided the ticket, that’s the question I would like answered. Obviously it wasn’t in the interest of justice, quite the opposite.

308 SanDee November 30, 2011 at 11:50 AM

In the “Interest of Justice”..Shouldn’t it be in the “Best Interest” of the public we serve?

This type of action is really bad SOP’s for any Police Dept Not to mention terrible PR, as it leads to the public perception that the police are not held accountable for breaking the laws they are entrusted to enforce.
By rescinding the citation he broke that trust.

I commend officer Bruckert for doing his job.

309 Uncle of driver 2 November 30, 2011 at 12:09 PM

Dear The Realist:
Uncle knucklehead here, maybe you should consider decaf too! Obviously hit a nerve, your points might be better taken without name calling.

310 Claire Voyance November 30, 2011 at 12:36 PM

Ahoy Pete Malloy,

The website editor inserted the asterisk. I don’t mind the edit.

RE: “Fallacy of Attack”
LMAO.
Your foolish use of big words you don’t understand is hilarious.
There is no such thing as a “Fallacy of Attack”
There is a fallacious argument called an ad hominem argument.

311 Claire Voyance November 30, 2011 at 12:39 PM

Realist,

Hypocrite?

312 Citizen Watchdog November 30, 2011 at 1:28 PM

If we all occupy the next city council meeting and make public comment this will get some attention.

313 jw November 30, 2011 at 2:47 PM

@ Uncle #307,

Aww, boo-hoo. Tampax, aisle 5.

314 John Voss November 30, 2011 at 4:02 PM

correcting my email

315 jmd November 30, 2011 at 4:13 PM

The City attorney wears nice shoes, and he has really good hair.

316 Anon2 November 30, 2011 at 6:19 PM

The City attorney is probably “lucky at cards.”

317 The 4th Horseman November 30, 2011 at 7:43 PM

The city attorney, like most department heads (and other department higher-ups), have not put in full careers for the city of Concord, they are carpet baggers who simply put in five very short years here and then collect medical insurance and a pension for life. People rag on public pension issues, but the real shame are not the lifer civil servants for our city getting a (mostly) well-deserved pension…its carpet baggers like the city attorney (while we have to subcontract out for important issues), the chief of cheap parlor tricks, the captain in question, the HR dictator, and most notably Novato’s #1 son, the city manager. Lifetime medical and nice perks like that should only be given to career employees–not 5 year (or less) wonders.

318 ... December 1, 2011 at 12:22 PM

thats ridiculous. interest of justice my ass

319 kristina December 1, 2011 at 4:57 PM

Just because shes a cop, when she is OFF duty she should obey all laws just like the rest of us!

320 Horse'n Around December 2, 2011 at 12:15 PM

Wow> We have 300 comments on this topic. But we have 7 comments on an officer that has lost his life and left behind a family. Just show’s how we all gravitate towards the negative and aren’t able to at least say a few kind words about an officer who put his life on the line for the citizens of Vallejo. Very sad.

321 mortimer December 4, 2011 at 7:55 AM

After reviewing the Concord”s chiefs response regarding the conflict between the two officers, one would think he would have an outside agency ie. the CHP or the Contra Costa Co.s DA office review the case To determine if it necessitated a citation. The officer’s supervisor had to approve the report the day of the collision or shortly afterward. I would also like to know if the Lt received a SR1. This document has to be submitted to DMV in Sacramento within 10 days whenever an accident has $750.00 in damage, injury or a death. If the chief really cares, he will have this matter reviewed by a neutral party.

Comments on this entry are closed.

Previous post:

Next post: