
David Dominguez
PALM SPRINGS, CALIFORNIA - Palm Springs police Chief David Dominguez announced on Wednesday that he will retire from his post, following intense public criticism over how his department handled a controversial public sex sting operation in the Warm Sands neighborhood.
Dominguez leaves the department after three years as chief. His contract went into effect Dec. 15, 2007, and he was sworn in two months later.
“After careful consideration of the recent debates surrounding the Warm Sands Law Enforcement Operation, I believe this decision is in the best interest of my family, my health, the department and the city,” Dominguez said Wednesday.
His retirement comes after more than a year of scrutiny into actions by police personnel during a 2009 investigation into alleged public sex acts between men in the Warm Sands neighborhood.
“With all the debate going on regarding the Warm Sands operation, I felt it was the right time for me,” Dominguez told The Desert Sun.
Nineteen men were arrested on charges of public sex crimes and lewd acts as the result of the June 2009 sting.
The arrestees are charged under California Penal Code 314, which would require them to register as sex offenders for the rest of their lives on a list visible only to law enforcement officers.
Court testimony in these cases revealed that an undercover officer was caught on tape uttering a gay slur during the sting, prompting the city to conduct department-wide sensitivity training.
Then last week, following the city’s internal review of police procedure during that undercover operation, Dominguez also was named among those accused of making offensive remarks.
The chief publicly apologized for what he said was an “inappropriate comment” and it was thought that he would keep his job.
That changed on Wednesday.
“I think this is the honorable thing for him to do for Palm Springs,” said resident Thomas Van Etten, a member of the police Lesbian Gay Bisexual Transgender Outreach Committee who has criticized police during the sting.
Dominguez said it will be hard to leave the department in the midst of the Warm Sands controversy.
“My heart is heavy because I’m leaving the men and women at that organization who are so committed to making the community safe,” he said. “But then again I’m moving on to the next phase in my life … and will be spending more time with my family, which is the most important thing to me.”
“The negativity that came out of some people, we just couldn’t understand it,” Dominguez added. “My family couldn’t understand, and I still don’t understand.”
Though a specific date for Dominguez’s retirement has not been disclosed, the 55-year-old chief is expected to step down in the next two weeks, City Manager David Ready said.
“I’m pleased the chief put the city — the health of the city, the good of the city — ahead of his own personal interests,” Mayor Pro Tem Lee Weigel said. “I think he did the right thing, and because of that I think the city has an opportunity to move ahead with the other important business it has to do.”
Councilman Rick Hutcheson added “at this point we have to go forward and learn the lessons that are to be learned from this.”
“I certainly appreciate his time here; the programs he instigated — and I want to thank him for his time,” Councilman Chris Mills said.
Dominguez’s final annual salary was $178,896, said Perry Madison, the city’s human resources director.
According to his contract, because Dominguez voluntarily retired, he is not eligible to receive his five-month severance, which would have totaled to about $85,000.
“Sometimes in life there are mistakes that cannot be fixed, and it’s a sign of maturity for someone to acknowledge that they may have made one of those mistakes,” said resident Robert Stone of Dominguez’s retirement.
Stone, who is one of the founding members of the Warm Sands Neighborhood Organization and a Warm Sands Advisory Committee member, told The Desert Sun on Dec. 31 that Dominguez had been “less than truthful” with the advisory committee since the sex sting.
On Wednesday, however, Stone wished the chief well.
“I know this last year has been very difficult for him and the police department,” Stone said. “I hope this is the beginning of a new chapter in his life.”
Dominguez said he plans to stay in the Coachella Valley with his family and does not plan to go back into law enforcement in any capacity.
A 31-year veteran of law enforcement, Dominguez said will not look back at his career in vain.“I’m not going to let this one incident define the service I’ve given to the many communities I’ve worked for,” he said. “I think the public has lost focus on why we were out there, but I believe the law abiding citizens of Palm Springs don’t want lewd conduct in public — gay straight or whoever. It’s against the law and we were responding to a complaint of that going on.”
Staff at the Palm Springs police station were shocked by the announcement on Wednesday, said Officer William Hutchinson, who is president of the Palm Springs Police Officers Association.
“We didn’t expect this to happen,” Hutchinson said. “We didn’t expect the city to go this way, especially when just a few days ago they said they back the chief. They completed their investigation, but now here’s this surprise retirement.”
With that said, however, Hutchinson said the police association understands the chief’s decision.
“It’s shocking and unexpected, but we respect his decision and support it. Family comes first,” said police association board member Det. Mike Villegas.
One common sentiment among the officers is that the department is moving forward undaunted by the Dominguez’s decision.
“We’ve just got to stick together in this,” Officer Anthony Pilutik said of the chief’s retirement and the controversy.
Lt. Dennis Graham agreed and said he believes the department will overcome it all soon.
“We’re going to move on and do a great job at it,” Graham said.
During Wednesday’s City Council meeting, the council unanimously authorized Ready to form a Chief Recruitment Selection Committee — which will include citizens — to begin an immediate search for a new police chief.
Mayor Steve Pougnet will chair the City Council subcommittee, which also will help in the selection of the city’s new police chief.
The council also authorized the city to contract with an executive recruitment firm. Ready plans to begin seeking out a firm Thursday and expects the contract to cost about $20,000 to $30,000.
In the meantime, Capt. Al Franz will serve as interim chief of police. Franz has been with the Palm Springs Police Department since 1987.
Some on the council said they regret that for some, the apology isn’t enough.
“During the recent Warm Sands area police operation it quickly became apparent that mistakes were made which have been acknowledged and addressed decisively by the council and the city manager,” Councilwoman Ginny Foat said in a statement. “However, I also recognize that for some people there is no apology, no investigation, no corrective action, no outreach, nothing that will ever be enough to make things right.”
The mayor sounded an optimistic tone toward the future.
“The council has strongly supported many positive steps taken to help expand and improve relations with the Lesbian, Gay, Bisexual, and Transgendered community, including the creation of the Gay and Lesbian Advisory Group in 2001,” Pougnet said in a statement.
“We must now redouble our efforts to promote and improve relations with the LGBT community and all of our diverse communities. Only genuine demonstrations of respect, openness, and participation will build understanding, trust and acceptance over time.”
And while Pougnet said he knows “there remains much work to be done,” he and his fellow council members believe the city can recover from this.
“While we are not perfect and mistakes have been made, we cannot and will not allow those mistakes to overshadow all that is good and right with our city,” Foat said. “Our focus now must be on demonstrating that we mean what we say about embracing our diverse communities.”
from The Desert Sun
*
*
*
