KINGS COUNTY CHILD ABDUCTION INVESTIGATOR PREVAILS IN EXCESSIVE FORCE AND DISHONESTY CASE

By Matthew C. Ming

Kings County child abduction investigator Yolanda Duarte-Rains is 2-0 against her former employer after winning her appeal from termination and prevailing in a negotiated settlement that will allow her to retire.

Yolanda Duarte-Rains was fired in June, 2005 from the Kings County Office of the District Attorney on allegations she used excessive force against a Hanford mother while enforcing a child custody order. The hearing officer’s May 22, 2006 award included reinstatement, with seniority, back pay and benefits. The Kings County Board of Supervisors adopted the decision in its entirety on July 18, 2006, and reinstated Duarte-Rains; however, the District Attorney appealed the decision and the parties reached a comprehensive settlement.

Appeal Hearing Focuses on Reasonable Use of Force

At the hearing on her appeal from termination, Duarte-Rains presented evidence her use of force was reasonable and within county policy. Before the incident, Duarte-Rains had determined the Hanford woman had a history of assaultive behavior and had defiantly refused to obey prior court orders for visitation by the child’s father. The woman was known to exhibit impulsive behavior when dealing with custody of her daughter and was considered “5150” by neighbors and school officials. Duarte-Rains requested, but was denied, two additional investigators to accompany her to the house.

After an earlier attempt to contact the woman failed, Duarte-Rains was called in on June 10, 2005, her regular day off, and was advised the Hanford woman and her daughter were home. Hanford police officers already were in the house when Duarte-Rains arrived. On her approach, Duarte-Rains could hear the woman yelling. Once Duarte-Rains was inside, the woman began insisting the ex-husband was abusive, a claim not supported by any evidence. When Duarte-Rains denied there was any abuse, the woman screamed, “Do not call me a f****** liar!”

The woman’s behavior continued to escalate: she threw a booklet, pointed her index finger at Duarte-Rains’ face and jerked a hand toward her. As the woman moved quickly toward her, Duarte-Rains perceived a threat and moved to restrain the woman by grabbing her right arm. The woman seized Duarte-Rains’ upper arm. Fearing the woman would get to her handgun, Duarte-Rains pushed the woman against a wall to control her and told her to calm down. As the other officers restrained the woman, Duarte-Rains backed away, but the woman quickly kneed her in the groin. Duarte-Rains never struck, punched, kneed or kicked the suspect.

Hearing Officer Rejects Termination

After taking custody of the child, Duarte-Rains told her chief investigator about the incident. She discussed it again later with her chief, the father and the child. That evening, the chief informed Duarte-Rains she was being placed on paid administrative leave for the use of force. On August 29, 2005 the Department upheld Duarte-Rains’ termination after an internal affairs investigation and pre-disciplinary meeting.

Following a three-day hearing, Hearing Officer Anne Andrews Ellis issued a 43-page decision in which she determined there was no basis for termination. Well-known law enforcement use of force expert Don Cameron testified for Duarte-Rains that her actions were consistent with the threat posed by the Hanford woman and were an appropriate use of force. The hearing officer recommended nothing more than a letter of reprimand for procedural issues.

The hearing officer also found Duarte-Rains was not dishonest during her June 29, 2005 internal affairs interrogation, as alleged by the District Attorney. The hearing officer recommended Duarte-Rains be reinstated with seniority, back pay and benefits.

District Attorney Challenges Board Decision

The Kings County Board of Supervisors adopted the hearing officer’s proposed decision and award, and ordered Duarte-Rains immediately reinstated with back pay and other benefits.

Unwilling to accept a finding that he had fired a career investigator without a modicum of credible evidence, the Kings County District Attorney hired outside counsel to file a petition for writ of mandate seeking to overturn the Board of Supervisors’ decision. The D.A. claimed the Board should have found Duarte-Rains was dishonest and had engaged in excessive force.

Settlement Gives Back Pay and Retirement

Perhaps realizing the District Attorney’s challenge to the Board decision was baseless, the County approached us with an “offer” to settle the case by having Duarte-Rains retire. The County refused at first to pay Duarte-Rains any back pay or interest on the back pay; however, after threats of additional litigation and extensive correspondence with the county’s attorney and human resources director, the employment dispute settled favorably for Duarte-Rains. She was able to retire with all back pay and benefits, including two additional years of contributions to CalPERS by the County.

Matthew C. Ming represents public safety officers throughout California in discipline and grievance matters. He represented Yolanda Duarte-Rains in the settlement phase of her case. Yolanda Duarte-Rains was represented by Mastagni, Holstedt, Amick, Miller, Johnsen & Uhrhammer through Operating Engineers Local Union No. 3 (Public Employees Division).