OCEANSIDE: Former 'cop of the year' sues city for discrimination

By CRAIG TENBROECK - Staff Writer | Wednesday, September 24, 2008 1:13 PM PDT

OCEANSIDE ---- A man once named Oceanside's police officer of the year has sued the city, charging that his former employer failed to accommodate him after an on-the-job injury and later fired him.

Randy Judd, a police officer from 1989 to 2007, filed a civil complaint Monday in Superior Court.

City Attorney John Mullen said the city had not seen the document as of Wednesday morning. But he said that Judd, upon his termination in 2007, signed an agreement releasing the city from all potential legal claims in exchange for paid vacation he wouldn't otherwise have been entitled to.

"We'll be responding in court," Mullen said of the lawsuit. "Vigorously."

Oceanside has been sued by several employees in recent years for some form of discrimination.

A Superior Court judge upbraided the city in April for wrongfully firing a police department employee with an immune system disorder. The court ordered Oceanside to pay damages of $628,000, though the city has appealed that decision.

Judd says in his suit that in 2003 he informed city officials he was suffering from neck, back and shoulder strain. Three years later, he claims, he suffered a herniated disk and went on leave for seven months.

Rather than accommodate him when he returned, Judd says, city officials told him he was unfit to be a cop, hired a private investigator to spy on him and created a "bogus" release against claims that included a forgery of his signature.

The city also interfered when he applied directly to the California Public Employees' Retirement System for disability retirement, Judd alleges.

"It really caused him to spiral downward, and he's got some serious emotional problems now," said William Woodson III, Judd's attorney, in a interview Tuesday.

Mullen said there had been a dispute over whether Judd was entitled to disability retirement, but the city approved it this summer, retroactive to his termination date.

Mullen called the forgery allegations "unbelievable."

"It's just not true," he said.

Another Woodson client, veteran fire Capt. Hugh Fleming filed an age-discrimination lawsuit in June, alleging that the city unjustly passed him over for promotion.

Judd, who worked for the Oceanside Harbor Police and California Highway Patrol before he joined the Oceanside police force, was named Oceanside's Officer of the Year for 1999.

He has asked for unspecified damages and a judge's order that all of the city's human resources personnel be required to undergo training on dealing with disabled employees.

Contact staff writer Craig TenBroeck at (760) 901-4062 or ctenbroeck@nctimes.com.

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53 comment(s)[-]Go to Top

Bob wrote on Sep 24, 2008 1:04 PM:I recently bought a beautiful Black Forest Cuckoo Clock from Germany. Every hour is says "coo coo, coo coo, coo coo!"

Oh brother wrote on Sep 24, 2008 2:33 PM:Another cry baby just in time for the election. Give me a break! He had an attorney and signed a waiver from further court action. Ridiculous!

Typical City of Oceanside wrote on Sep 24, 2008 2:35 PM:Pushing around the city employee!

Officer of the year wrote on Sep 24, 2008 2:37 PM:Then he is out and they got new officer of the year! Out with the old and in with the new! Anything to get rid of someone before retirement! What is going on at city hall!

Dude wrote on Sep 24, 2008 2:39 PM:Seems OPD can't catch a break.

Mullen called the forgery allegations unbelievable. wrote on Sep 24, 2008 2:40 PM:How about the allegation of private dances at the Las Vegas Strip clubs, a year ago! What was thay all about? Was that unbelievable! How come no follow up to clear all that up? Was it true or not! Bring in the SDSO already!!!! This officer probably knew something sothey got rid of him!

Good Luck Randy wrote on Sep 24, 2008 2:41 PM:You deserve better!

jvc wrote on Sep 24, 2008 2:42 PM:Buy American!

I have seen it before wrote on Sep 24, 2008 2:45 PM:The OPD never seem tolearn! They push these employees around! Where is the leadership at that agency? Oh that's right, they are in Vegas!

Good Luck Mr. Judd wrote on Sep 24, 2008 2:47 PM:It would seem that the police department and city have a lot of questions to be answered!!!!!

Many support you Randy wrote on Sep 24, 2008 2:50 PM:There are always those who want to goalong with the same old regime of intimadation!!! You did your job while others sat around and became buddies with the Lt.! Hang in there! You deserve your jo0b back or at least compenstation! Of course that's not gonna be a hostile work environment, right?

Did you read that above wrote on Sep 24, 2008 3:21 PM:He said: "Oceanside has been sued by several employees in recent years for some form of discrimination." Well why did we settle? If they weren't legitimate? How come some in high positions get taken care of and others pushed around? Good old boy systems? I agree what about a full disclosure of the OPD Vegas-Gate!!!!

What are you implying Mr. Bob wrote on Sep 24, 2008 3:32 PM:What are you hiding?

Bring it to court wrote on Sep 24, 2008 5:25 PM:I want to see if someone forged a signature! If so. Where is the police investigation! Isn't forgery a crime? Has Mr.Judd file a police report for forgery? Or ID theft, etc!

there are so wrote on Sep 24, 2008 5:51 PM:many LEO's who work injured because they are threaten with termination if they pursue anything else. Then they loose their retirement, salaries and on and on.

These men/women get into a confrontation injured and can cost them their lives...... Just got to love those departments who do not support their cops.

Didn't OCPD give out substandard vest too?

Many Support Randy wrote on Sep 24, 2008 5:59 PM:Randy you deserve whatever you ask for...you were railroaded and they didn't even give you a kiss.

jvc wrote on Sep 24, 2008 7:21 PM:Another newspaper trial for the city? Settle out of court!

Why must the city treat people like this wrote on Sep 24, 2008 8:37 PM:Leave this officer alone! He injures himself doing his job serving the city and now he is treated like this! Great job my City Attorney and City Manager! Who stands up for the officer on the street!

Hang in there Randy wrote on Sep 24, 2008 8:41 PM:There are people who are behind you! You have served the community above and beyond the call of duty so many times! You are a a solid family man and friend! We know you were done wrong!

Another Oceanside scandal wrote on Sep 24, 2008 8:43 PM:What is going on at that police department? Who is in charge that they can't treat people with dignity? Take some leadership roles people! People just want to be respected!

I hope this goes to trial wrote on Sep 24, 2008 8:45 PM:To expose what is going on at OPD! Let the public see the harrasment!

Ever wonder why officers leave the dept wrote on Sep 24, 2008 8:48 PM:Why they take jobs at Carlsbad or other local agencies? This kinda thing! Harrassing a regular guy after he puts it on the line for his community and at the risk of his family! This is what happens in Oceanside if you get injured! They push you aside and throw you away! As any retired officer how they are treated after they retire! Try getting intothe police department! It is like they forget you the day after you retire! Officer who? Great leadership!

Open this can wide open wrote on Sep 24, 2008 8:49 PM:Lets see what is going on in the department! Maybe we need an investigation into the police and what is happening!

I hope to see the citizens of Oceanside in court wrote on Sep 24, 2008 8:54 PM:So we can all watch the city explain away all the injustices that are happening to these hard workers! The intimidation and harrasment! Let subpoena the command staff and the recent retired ones. Let's see who will lie under oath? Many would like to see this go to court! "We'll be responding in court," Mullen said of the lawsuit. "Vigorously." GREAT CAN"T WAIT TO HAVE YOU RESPOND AND GET IT ALL ON THE PUBLIC RECORD!!!!! ALL OF IT! LET'S SEE THE SUBPOENAS! This should be fun! Let's clean out the closet!

Too bad this has to come out wrote on Sep 24, 2008 8:57 PM:Why must the city do this each time to try and scare the working class! Just treat people with repect and they will not feel like they have no other option! This could have been settle without this! The arrogance of city officials! See you in court! Along with those who know what is going on!

Fireman and School officials wrote on Sep 24, 2008 8:59 PM:All get the same unfair bullying treatment from this city! Business as usual! It should make good news! This case sounds like it has teeth and will hurt the city!

jvc wrote on Sep 24, 2008 9:09 PM:The Feds need to bailout OPD!

What is harassment wrote on Sep 24, 2008 9:11 PM:Even staring, coupled with other factors, can constitute sexual harassment hostile work environment. In one case, a female employee refused several requests to go out on a date by a male co-worker (which included divulging lewd fantasies about her). When she complained to her supervisor, the coworker stopped talking to her, but started staring at her in an intimidating manner. In light of his prior conduct, the coworker's repeatedly staring at the female employee and the employer's failure to stop it despite the employee's complaints could constitute actionable hostile environment sexual harassment according to court.

In sum, the California law and the recent rulings by courts clearly indicate that the conduct does not have to be "sexual" in nature in order to constitute hostile work environment sexual/gender harassment.

The Damage Caused by a Hostile Workplace Can Go On Long after You Leave wrote on Sep 24, 2008 9:15 PM:People who face harassment or hostile environments at work often suffer this behavior in silence. Sometimes they do so because they want to get along, or they are fearful of losing their jobs, or they think that if they wait long enough the situation will improve. It usually does not improve, and often gets worse.

Even if you leave a company, you sometimes may not be able to move beyond your experience. Victims of sexual harassment or racial discrimination often feel emotionally devastated, as well as having a feeling of betrayal. Whistleblowers who leave or are forced out of a company are often blackballed by their former employer and find difficulty in getting another job in their field.

Deputy wrote on Sep 24, 2008 9:34 PM:I laugh when citizens complain about our "great" retirement benefits. They don't realize a lot of us don't make it that far. Most of us get injured on the job and the city or county forced us to medically retire.

Good luck to the officer

Where is the voice of the Chief Executive wrote on Sep 24, 2008 9:55 PM:How come no answers?

Always cutting corners with the safety of the officers wrote on Sep 24, 2008 9:56 PM:Why do they treat the officers and other city employees like this?

Hero today wrote on Sep 24, 2008 9:57 PM:injured has been tomorrow! IS that how we should treat our city employees! Why must Oceanside City government be like this!

Deputy is right wrote on Sep 24, 2008 10:14 PM:We all know that any retirement comes only at the cost of a physically damaged body! Not to mention what a hostile work environment will add to the stress! Thanks City of Oceanside! For nothing!

Dont you love how they go after an injured officer Vigorously. wrote on Sep 24, 2008 10:18 PM:But the Manchester devleopers get a walk with the city's tax dollars for building nothing! That is what they should be fighting! No not that! That would be too hard and complicated! Let's go after and deny an officer benefits for serving our community! Let's see them win in court! The police department leadership needs to explain the harrasment and hostile work environment!

My Solidarity wrote on Sep 24, 2008 11:08 PM:The City is well know to discriminate on the basis of race, nationality, gender and sex orientation.
It is time for them to pay the bill for all these law suites.

THEY ARE TOO wrote on Sep 25, 2008 12:01 AM:BUSY AT THE CORNER OF MISSION AND DOUGLAS DRIVE HIDING BEHIND COCOS. WHEN THE TRAFFIC SIGNALS GO COMPLETELY OUT BECAUSE OF A POWER FAILURE, THEY CAN ISSUE TICKETS INSTEAD OF DIRECTING TRAFFIC ENSURING PUBLIC SAFETY. GREAT JOB OPD AND THANK YOU.

This is what happens wrote on Sep 25, 2008 12:46 AM:when stupid people get promoted to positions of power due to ... Good Luck Mr. Judd. I hope Im not in your position in a few years. What a nightmare.

esteban wrote on Sep 25, 2008 1:47 AM:Officers can do no wrong ever...

OK heres how it usually works wrote on Sep 25, 2008 2:12 AM:The LEO is injured on the job. He is out on leave. The doc says he can only do light duty and no stress. The job IS stress to begin with and what light duty? They really don't want to retire him because that usually means half pay tax free for life on a disability. So they say OK come back on light duty, but there are no light duty jobs and after a month you're fired. No retirement and no disability. So you hire a lawyer, fight the city until you give up or they settle and you get your retirement pay. The sad thing is you're still young and you really like your job but the city is behind it a doesn't want to pay. I have seen too many LEO's go down the drain. I hope this cop nails the city to the wall. By the where is the union in all of this? Why are they not fighting for their people. They take the money and that's it. By the way people did you know that many police agencies do not pay for the funeral if an officer gets killed on duty?

yes you must be ... wrote on Sep 25, 2008 7:57 AM:Bob- keep your clock you appear to benefit from it.

To Randy Judd wrote on Sep 25, 2008 8:16 AM:I hope you are successful in your lawsuit. I think it is time this department gets a reality check. They should not be allowed to treat their employees this way. After all we are country of laws. Randy don't let this go for all of our benefit. You do a dangerous job and you should not be treated in this manner. Best of luck to you.

been there done that wrote on Sep 25, 2008 8:22 AM:this is how cities in this county handle their employees. O'side is not alone. This is the rule, not the exception.

Why... wrote on Sep 25, 2008 11:59 AM:is it always cops and fireman who get cushy retirement packages and then suppliment it with frivolous lawsuits?

To Esteban wrote on Sep 25, 2008 1:38 PM:i hope you run for police chief next year.. i would so vote for you.

Why wrote on Sep 25, 2008 4:40 PM:do all this supposed stuff to this guy?.... and let the drunk cop who crashed his truck and injured someone.... keep his job?.....

Toilet Duck wrote on Sep 25, 2008 6:18 PM:This cop got what he deserved.

Dont believe everything you read wrote on Sep 25, 2008 7:31 PM:Why is this guy suing if he is being paid his retirement retroactive to his termination date? The City made him whole. He needs to get over it, be glad he wasn't prosecuted for all of his other issues and go on with his life.

To ok this is how.... wrote on Sep 26, 2008 7:28 AM:All police agencies back up their officer if they are killed in the line of duty. I don't know where you get your information, but that comment you made is inaccurate. There are however, guidelines to follow to "qualify" for a on duty death.

2nd "fireman and cops have cushy retirements" wow where is that written. They get a % of their pay just like everyone else. Of course everyone else doesn't deal with the ugly side of society like they do...maybe instead of constantly judging them or mocking them,just go about your "legal" business and leave them alone.

esteban wrote on Sep 26, 2008 8:47 AM:To "to Esteban"...thanks for the vote sir. But I hope you didn't base your future vote on the esteban post at 1:47AM...because that wasn't me. I have better things to do than post idiotic rantings in the middle of the night...like sleep!

Its about time wrote on Sep 27, 2008 4:52 AM:Randy, I wish you the best. The Officer of the Year comments only begin to highlight all that you did for OPD. As you know, I also have a forged document courtesy of the city. If it happened to me, it can happen to you. You've suffered more than these people will ever know! Monterey OTS!!

To they are too wrote on Sep 27, 2008 4:59 AM:When traffic lights completely malfunction, traffic is required to yield the right-of-way as required by the Vehicle Code. Remember the rolling black outs? That caused more intersections to go out than their were officers to respond. By your post, it seems evident you haven't studied the law lately and need to go to traffic school. Go by DMV and pick up a Vehicle Code. That way you can find out what to do when you arrive at an intersection with malfunctioning lights. I would explain the purpose for not conducting traffic control, the consequences and when it's done as opposed to when its not, but you probably still wouldn't understand.

Rick wrote on Sep 30, 2008 2:05 PM:I know Randy was a good cop and had got two state funded programs for the dept. in his year with them. So why whould they be treating him like they are as they know they had a loyal officer when he was working for them. He got injured on the job and they should take care of him as he would still be there if he hadn't got injured .I think they should think about how there treating there loyal emploee's.

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