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Commission sends Ortega stipulated disposition back to chief after debate over "associating" standard
Summary
The commission modified and accepted a stipulated agreement in the case of Patrol Special Officer Roberto Ortega (ALWC10-242), returning the matter to the police chief's level after commissioners questioned vague language about "knowingly associating" with a person allegedly involved in prostitution.
The San Francisco Police Commission on March 16, 2011 accepted a modified stipulated disposition in the disciplinary case of Patrol Special Officer Roberto Ortega (case ALWC10-242) that returns the matter to the chief's level for further handling.
At the hearing Commissioner James Hammers, who was assigned the matter, summarized two specifications: an allegation that Ortega knowingly associatedwith a person known to engage in prostitution around 04:21 a.m., and a separate allegation that he visited a bar called Divas in an area described as "known for prostitution." Department counsel told the commission that specification two would be dismissed and could not be proven, but the department maintained concerns about the first specification because Ortega wears a uniform and the city believes that the conduct could be interpreted as solicitation.
Commissioners questioned whether the standard "knowingly associating" is unconstitutionally vague or improper as a basis for discipline, with several members saying merely talking or visiting an establishment did not by itself merit discipline. Commissioner James Hammers and others said the underlying facts suggested poor judgment but asked whether the chief should have handled the matter at the department level rather than escalating it.
After deliberation the parties agreed to modify the stipulated disposition so the commission could accept it as amended and return the case to the chief's level for further disposition. Lewis Silver appeared for Officer Ortega; Ashley Worsham represented the department. The commission voted to accept the modified disposition.
The action preserves the department's ability to impose a range of remedies at the chief's level and avoids either a full evidentiary hearing at commission level or immediate revocation of Ortega's patrol-special appointment.
