Rains Lucia Stern St. Phalle & Silver

California's premier full-service law firm with an emphasis on the representation of peace officers in disciplinary, criminal, labor, workers' compensation, personal injury and other civil matters.

  • About Us
  • Practice Areas
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    • Bulletins
    • RLS in the News
  • Resources
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer

Pomona Detective Wins Appeal

August 1, 2003 by Hien Nguyen

From: PORAC LDF
By: William J. Hadden, ESQ., 8/1/2003

In the waning days of 2001, Pomona Detective Danny Kono found himself with a little too much time on his hands. Having been issued a copy of then-Police Chief Fred Sanchez’s year-end message to the troops, Kono decided he would create some holiday cheer for his colleagues in the Detective Bureau. After some cutting and pasting, a new “Chief’s Message” emerged, bearing little resemblance to the original. It seemed funny at the time.

It might still seem so if Kono hadn’t left a copy of the letter in a fax machine, which quickly found its way into the hands of a lieutenant, and then the chief. When Kono learned that an investigation into the identity of the letterwriter was underway, he volunteered his guilt. He immediately wrote a profuse apology to Sanchez for the letter, which even the city later acknowledged could not be seriously viewed as a personal attack on the chief. Kono, a veteran homicide investigator with outstanding evaluations and no significant prior discipline, expected to be disciplined in some way, but did not anticipate what was to come.

Ten days after the chief received Kono’s apology, Kono was placed on administrative leave which continued for approximately three weeks. The chief then gave Kono a notice telling him he was being suspended for 80 hours. In the same notice, the chief advised Kono that he was being transferred from the homicide unit, resulting in the loss of a large amount of on-call pay, as well as a take home car, a measure that the chief insisted was “non-punitive.”

Kono, represented throughout by Bill Hadden of Silver, Hadden & Silver, appealed the decision to hearing officer Sara Adler. Ms. Adler determined that Sanchez’s protestations notwithstanding, the transfer was unmistakably punitive, as it had been effectuated by “the victim” in the same letter as the suspension notification, and was appropriately subject to her review. Adler found that Kono’s laudatory past record and immediate and sincere apology militated against the necessity for any penalty beyond a 40-hour suspension, ruling that Kono should be reinstated to his homicide position, with restoration of lost on-call and overtime pay.

To forego further litigation, the city and Kono agreed to resolve the case substantially as decided by Adler, which will bring Kono about $16,000 in pay and comp time.

For Kono, who had been devastated by the taking of his badge and gun and by his banishment from the homicide unit for his misguided attempt at humor, the agreement brought an emotional chapter in his career to an end.

“When I was stripped of my police powers, I felt like I was thrown out of a close-knit family,” he said. “I am extremely grateful that the city and acting chief Lowenberg were willing to take another look at the case and put it behind us all. I am also extremely grateful to my attorney, Bill Hadden, and LDF for supporting me through this difficult time.”

Filed Under: Bulletins Prior to RLS Tagged With: William J. Hadden

Consultation Form

Offices across California to serve you.
Contact us now to schedule a consultation.
Contact form not loading? Click here!
Rains Lucia Stern St. Phalle & Silver, PC publishes this website as a service to our clients and other friends for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions, and the transmission of information through this website is not intended to create an attorney-client relationship between sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

© 2023 Rains Lucia Stern St. Phalle & Silver, PC. All Rights Reserved. | Disclaimer

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
Cookie settingsACCEPTREJECT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Contact Us

  • News Alerts

Official logo for Rains Lucia Stern St. Phalle & Silver
Rains Lucia Stern St. Phalle & Silver Logo
  • About Us
  • Practice Areas
    ▼
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      ▼
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    ▼
    • Bulletins
    • RLS in the News
  • Resources
    ▼
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer
Hotline phone numbers. Northern California: 925-609-1699. Southern California: 310-393-1486.