Ex-Atwater police chief loses lawsuit against city, plans to appeal, attorney says

A Merced County judge this week denied ex-Atwater Police Chief Samuel Joseph’s claim that the City of Atwater didn’t give him a fair chance to appeal his termination following numerous allegations.

Attorneys for Joseph and the city sparred Monday in front of Merced County Judge Brian McCabe, who issued his ruling Wednesday. The decision denied Joseph’s request for an administrative hearing, attorney’s fees and $25,000 in damages.

“We are grateful that the court found in our favor” said Atwater City Manager Lori Waterman in a news release. “We have always been confident that we rigorously followed state law and precedent in both our dismissal of Samuel Joseph as well as the handling of any hearing he could have agreed to appealing his dismissal.

Joseph’s attorney, Michael Rains, called the decision erroneous, claiming McCabe relied on an outdated legal precedent to determine what should be required when an at-will police chief is terminated for cause.

“I’m disappointed in the decision, but maybe not entirely surprised,” Rains said, adding he had doubts about receiving a fair ruling in Merced County following what he called a “political hit job” against his client.

“This case will be going to the court of appeal,” Rains said.

removed as the Atwater police chief

A day after Joseph was placed on leave, the Atwater Police Officers Association had a vote of “no confidence” in him.

Rains noted the timing of the termination, which happened before the union vote, was dubious, and demonstrated a coordinated political effort to remove and replace Joseph.

Evidence locker, allegations

Months later, a letter from then District Attorney Larry Morse II informed defense attorneys that materials from the Atwater Police Department’s evidence room may be missing, including guns, drugs and cash.

Michael Salvador, current Atwater police chief, released findings of the California Department of Justice’s investigation into the evidence locker earlier this year, calling the findings a “black eye” for the police department.

Since the findings, Salvador said he has pushed through several changes to address problems in the police department as part of a three-year strategic plan.

Some of the changes have already been completed, Salvador said, include transitioning the part-time evidence locker clerk to a full-time position, advocating for a new records management system approved by the City Council in October to be implemented next year, and taking care of documentation issues outlined in the state investigation report.

“We’re identifying issues and taking care of them on a daily basis,” he said.

Salvador said he didn’t know enough about Joseph’s claims to comment on the case.

“Whenever the case is over, it will close the book on a tumultuous chapter of the Atwater PD,” he said.

The evidence locker issues were among several allegations against Joseph detailed in a final termination letter sent to him in November 2018.

In the letter, which was made public in Joseph’s lawsuit against the city, Atwater officials accused him of not properly securing the department’s evidence locker, routinely bullying or threatening subordinates, hiring a felon as an officer and supplying a gun to a code enforcement officer who failed a psychological exam.

Joseph’s attorney has repeatedly denied his client did anything wrong.

Rains arguedthe city had the burden of proving the allegations against Joseph in a proper appeal process. The city argued it did what was required under law for an at-will employee.

Overseeing Gustine police

Despite the allegations Joseph was hired by the Gustine Police Department and sworn in on April 16 as an “agent,” which is a rank higher than an officer but lower than a sergeant.

Joseph was recently promoted to acting lieutenant and is running the police department’s operations, Gustine City Manager Douglas Dunford said, adding that Joseph reports to him.

Until the allegations by the City of Atwater against Joseph are proven either way, Dunford said, Joseph was still a “viable” officer capable of operating the police department.

Former Gustine Police Chief Milt Medeiros recently retired following about two years with the department and 40 years as a cop.

This story was originally published December 5, 2019 at 5:29 PM.