EMPLOYMENT RETALIATION: LAPD Officers who complained about Ticket Quota Awarded with $2 Million

April 12, 2011

Los Angeles – A 12-member jury has awarded two police officers with $2 million on Monday after determining that their supervisors at the Los Angeles Police Department (LAPD) retaliated against them for complaining about an alleged quota for issued traffic tickets.

According to the suit, veteran motorcycle officers for West Traffic Division Howard Chan and David Benioff said that in 2009 they were punished with fake performance reviews, threats of reassignment, and other forms of harassment after objecting to the demand of their commanding officers to write a certain number of tickets each day.

Eleven jurors sided with the officers, stating that the specific employment actions by the department supervisors affected the plaintiffs’ careers after they reported the misconduct and refused to meet the quota.

Chan and Benioff also alleged that in 2006, when Capt. Nancy Lauer took charge of the traffic division, Lauer and her sergeants and lieutenants ordered officers to write at least 18 tickets each day. The number of tickets was recorded on each officer’s performance evaluation. They were also ranked by their supervisors based on the number of tickets wrote and cars impounded.

Both are violations of state law, since having a quota can force police to issue fake tickets. Lauer denied the allegations of quota implementation, saying that there was “apparently some confusion” on the use of the number 18 on evaluations, which had probably been a goal instead of a quota for officers.

The officers also alleged that they were ordered to scrap regular patrol assignments and were sent to specific streets where they were more likely to catch motorists committing moving violations, making it apparent that hitting the target trumped over other aspects of the job.

Meetings between police union leaders and LAPD officials were held in 2009 regarding the officers’ complaints, which came to an agreement that clarified the ban on quotas. Chan and Benioff continued to pursue the lawsuit, which alleged that they were punished for complaining.

Both Chan and Benioff claimed they were given undesirable assignments and were threatened with removal or suspension from work through unconfirmed complaints from motorists by their supervisors.

Gregory Smith, attorney for the officers, said that "Quotas are a direct violation of the vehicle code, and this case was about these officers being asked to break the law." John Franklin, a spokesman for the city attorney's office which defended the LAPD said the lawyers are now reviewing the verdict and will decide whether to appeal.

The verdict may be a harsh blow to the city since city attorney's office lawyers rejected Smith’s offer to settle the case at $500,000, according to Paul Weber, president of the union that represents rank-and-file officers.