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Police Captain Files $10 Million Suit

By Lookout Staff

July 18 -- Police Capt. Mark Smiley, who was relieved in November of his post as commanding officer of the Office of Special Enforcement pending an investigation, has filed a $10 million lawsuit against the City and his superiors alleging he was the target of a smear campaign.

A 26-year veteran of the Santa Monica Police Department and a former candidate for chief, Smiley claims he was falsely accused by Police Chief Tim Jackman and Deputy Chief Phil Sanchez of over-reporting the number of hours he worked, resulting in the alleged misappropriation of $58,000.

Smiley, who said his post does not require him to keep a record of the hours worked, claims in the complaint filed Tuesday that he was dismissed in retaliation for sending a letter to top City officials accusing Sanchez of ordering an on-duty officer to do course work for his masters classes.

Smiley -- who had headed special efforts to tackle gangs and homelessness -- was asked to turn over his uniform, badge and gun, according to the complaint. Smiley’s motorcycle also was confiscated from his home in the presence of family and neighbors.

Police Department officials have declined to specify the charges or the circumstances behind the investigation.

Before his dismissal, Smiley oversaw the Office of Special Enforcement, which includes Traffic and Special Operations and is the largest of the department’s four offices, with 200 personnel and a budget of more than $26 million.

Smiley briefly served as one of three interim chiefs while the City searched for a replacement for former Chief James T. Butts Jr., who left the post last year to head security for Los Angeles area airports.

He also spent two years as the Commander for the Internal Affairs Division, working directly for the Chief of Police.

Smiley joined the department in 1982 and spent 12 years as a police officer before being promoted to sergeant in 1994, according to the department.

In 1998, after being promoted to lieutenant, he was appointed to lead a multi-jurisdictional task force of 50 agencies and groups to stymie gang warfare, which had erupted in and around Santa Monica, resulting in flurry of shootings and deaths.

Smiley also held positions in Special Enforcement, Traffic, Patrol and Internal Affairs before being promoted to Captain nearly six years ago.

Smiley has been a staunch supporter of the Police Activities League (PAL), helping to raise funds, according to the police web site. He also chairs a committee of more than 50 volunteers for the annual Ricardo Crocker Memorial Golf Tournament.

 

 

 

 

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