Former whistleblower KHSD police chief, officers settle for $2.25M after alleged misuse of police database by KHSD

Aug. 3—An attorney for a former Kern High School District police chief and two former KHSD police officers said Tuesday his clients settled their civil case against the district for $2.25 million — pending KHSD approval — over his clients' claims that district officials retaliated against them for reporting KHSD officials' alleged misuse of a police database to spy on students, parents and job applicants.

Former KHSD Police Chief Joseph Lopeteguy alleged KHSD administrators abused the California Law Enforcement Telecommunications System, a database operated by law enforcement to conduct background checks. He also claimed that after he reported the misuse, district officials created a hostile work environment and forced him into administrative leave. The complaint cites violations of labor codes, negligence, unlawful employment practices and a failure to prevent harassment and retaliation.

Joel Andreesen, a senior partner with Rodriguez & Associates, said the settlement was reached through private mediation — an option commonly used in civil lawsuits to settle cases — and a notice of settlement was filed July 27 in Kern County Superior Court. Andreesen, Seth N. O'Dell of Swanson O'Dell and Joseph Lowe handled the matter. Andreesen noted the lawsuit's settlement is incumbent on KHSD's insurance carrier approving this payment.

Multiple requests for comment from the KHSD were not returned Tuesday. The case was listed on Monday's KHSD board agenda to be discussed in closed session.

The controversy surrounding CLETS started in 2015 when KHSD Athletics Director Stan Greene asked Lopeteguy to keep track of student athletes' license plates to ensure they lived in the district by using CLETS, according to The Californian's previous reports. CLETS is a database available to every law enforcement agency across the state and is only intended for use during investigations. A person can be charged with a misdemeanor or felony for divulging information from CLETS to an unauthorized person.

Lopeteguy declined to help out Greene, and Greene's boss, Otis Jennings, became involved. Jennings said it had never been an issue before with former KHSD Police Chief Mike Collier, according to The Californian's previous reporting. Lopeteguy said Collier said he spread information from CLETS to civilians, previous reporting stated.

Lopeteguy then asked two KHSD officers Jerald Wyatt and Gilbert Valdez to investigate. Both are plaintiffs in the lawsuit, Andreesen said.

The Kern County Sheriff's Office recommended criminal misdemeanor charges against Jennings and Collier, but the Kern County District Attorney's Office declined to file charges, citing a lack of evidence.

The document in Kern County Superior Court says attorneys have 45 days to complete the settlement and dismiss the lawsuit. Payment is due 30 days after the settlement agreement is signed, Andreesen noted.

"The community should be proud of peace officers such as this," Andreesen said. "These peace officers honored their commitment that they took when they became peace officers and did not give into the request of the higher-ups in the Kern High School District who were using this CLETS database in an improper way."

Andreesen noted his clients agreed to the settlement because they wanted to resolve allegations spanning years. They thought it was a fair amount and decided to take it, he added. The settlement is to be split evenly among the three plaintiffs.

"As part of the settlement, (KHSD doesn't) admit or deny anything, that is the customary language," Andreesen continued. "Now, they have indicated to us that they have stopped this practice. We take them at their word."

You can reach Ishani Desai at 661-395-7417. You can also follow her at @_ishanidesai on Twitter.

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