Fired Livingston police chief files claim against city, alleging hostile work environment
For the second time in less than two months, another former high-ranking official has filed a government claim against the City of Livingston.
John Markle, Livingston’s former chief of police, alleges in the claim that the city fostered a hostile work environment, interfered with his sworn duties as the city’s top cop and unlawfully breached his employment contract.
Among the allegations, Markle asserts the Livingston city attorney and other city officials ignored the city’s best interests by protecting a police sergeant accused of filing a false police report.
The claim, filed this week and obtained by the Sun-Star, follows Markle’s abrupt exit from Livingston late last year.
It was announced in November that Markle would retire as chief Dec. 31 — early into his contract and after just six months on the job. But news quickly spread that Markle was actually put on administrative leave, effectively ending his duties immediately.
Markle’s claim against the city describes the retirement as “contrived” by the city. The departure was, in reality, a “termination,” according to the claim.
Some residents then went to City Hall to support the former chief and demand answers after his exit. Markle’s hasty departure sparked questions and anger from those who saw the move as more signs of corruption amid an already tumultuous year for the city.
Livingston in 2021 faced a now-defunct recall campaign to remove a majority of City Council. The city was also impacted by the arrest of two law enforcement officers who allegedly filed a false report and an ongoing voting fraud investigation by the Merced County District Attorney’s Office and California Secretary of State.
Markle’s claim also comes on the heels of another, filed by former Livingston city manager Jose Ramirez on Dec. 10.
Ramirez too was terminated from his longtime role as Livingston’s top administrator last year without explanation. That was despite significant testimony in support of Ramirez by residents and several high-ranking county officials. His termination also kindled protest outside City Hall.
In his government claim against the city, Ramirez alleges to have witnessed firsthand multiple illegal incidents involving several city officials. Ramirez alleged his pushing back against those incidents led to his contract being severed, according to the claim.
Ramirez is now running for a Fresno County Board of Supervisors position, he announced Thursday.
Although Markle and Ramirez’s time with the City of Livingston scarcely overlapped, the two former Livingston employees’ claims against the city bear some similarities.
Livingston City Attorney Tom Hallinan previously told the Sun-Star that Ramirez’s claim was entirely inaccurate and baseless. City Council rejected the former city manager’s claim 4-0 with one member absent.
Hallinan could not be reached by the Sun-Star to comment on Markle’s allegations.
It remains to be seen whether Markle or Ramirez’s claim will be the precursor to lawsuits against the city. Filing a government claim is a formal step in the process of suing a government. The claim allows the city to investigate the circumstances surrounding the claim before a potential lawsuit is filed.
Depending on the findings, the city can accept liability and settle or reject the claim and possibly go to court.
More accusations from Markle’s claim
Markle came to the Livingston Police Department in June from Madera County, where he served as a chief investigator for the District Attorney’s Office. His contract was set to expire in June 2024. The sudden departure marked an unexpected end to a law enforcement career that spanned 30-plus years.
According to Markle’s claim against the city, it was the high ethical standards he held throughout his career that resulted in his termination.
In a parallel to allegations made by Ramirez, Markle’s claim alleges that upheaval in Livingston is connected in part to brothers Livingston Police Sgt.. Wapinder Kang and Councilmember Gagandeep Kang.
Attempts by the Sun-Star to reach the Kangs have been unsuccessful.
The Kang brothers have been accused by Ramirez and Livingston City Councilmember Jose Moran of being behind an alleged voting fraud scheme that’s being investigated by the Merced County District Attorney’s Office and California Secretary of State.
Although the agencies haven’t named suspects, Ramirez stated in his claim against the city that he learned of the Kangs’ alleged voting fraud and reported it to the local election’s office, the Merced County District Attorney and the Federal Bureau of Investigation.
Moran went as far as releasing a YouTube video where he detailed the allegations against the Kang brothers.
Wapinder Kang was one of two officers arrested in July for allegedly filing a false police report. He appeared in court for the case’s first hearing in August.
Following the arrest, Markle put Sgt. Kang on administrative leave and served him with a written intent of termination.
But City Council members, including Sgt. Kang’s brother Gagandeep, the city attorney and the city manager “took certain wrongful overt and covert actions to delay, dissuade, interfere with, and constructively prevent Chief Markle from enforcing the policies and/or regulations of the Livingston Police Department against Sergeant Kang,” the claim says.
Among Markle’s allegations, one of the boldest is his claim that Hallinan, Livingston’s city attorney, and an unnamed judge put Wapinder Kang’s interests above those of the city.
According to Markle, Hallinan overstepped his role by questioning why the former police chief was moving forward with disciplining Kang. Later that day, Hallinan sent an email to another city staffer stating that Markle should stop further administrative action against Kang because a judge was going to dismiss the charges.
“From these actions, Chief Markle believed that Tom Hallinan was acting as counsel and advocate for Sergeant Kang and not the City of Livingston,” the claim says.
Just a few days before Markle’s November exit, he was sent an email by the city manager instructing Markle to quit working on the Kang matter and turn everything over to Hallinan.
The clash ultimately led to the former chief’s own “unlawful” termination before he could further discipline Kang, Markle alleges.
The allegations echo Ramirez’s claims in December, where he stated he believes that Markle was put on leave as an act of retaliation due to Markle investigating Kang’s arrest.
A Merced County Sheriff’s lieutenant is serving as interim Livingston police chief until a permanent chief is appointed.
This story was originally published January 29, 2022 at 5:00 AM.
