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I City/Police Department e-mail system. In order to place Serrano on administrative <br /> 2 leave, Defendant Valentin, or his underlings, specifically ordered Commander Sorenson <br /> 3 to leave the Notice of Administrative Leave/Fitness for Duty Exam at Serrano's <br /> 4 residence where it was found by his son. <br /> 5 81. The order to undergo the Fitness for Duty Exam specifically references <br /> 6 Mr. Serrano's August 26, 2021, 5:05 a.m., email to Defendant Motsick as the sole basis <br /> 7 for the exam. Therefore, because Mr. Serrano decided that it was necessary, as the <br /> 8 SAPOA President, to reaffirm the seriousness of the issues, Defendants ordered <br /> 9 Serrano to undergo a Fitness for Duty Examination. <br /> 10 82. Serrano, via counsel, objected to the Fitness for Duty Examination as <br /> 11 being unlawful. He invoked his rights under Government Code §3300, et seq., including <br /> 12 Government Code §3305 and/or Government Code §3306.5 (requesting copies of <br /> 13 and/or access to any and all documents being used or have been used to determine <br /> 14 that officer's qualifications for employment, promotion, additional compensation, or <br /> 15 termination or other disciplinary action). <br /> 16 83. In response to Plaintiff's assertion of rights and request for materials <br /> 17 Defendants intentionally falsified a letter to Serrano's attorney by including claims that <br /> 18 Serrano had not been ordered to sign any releases. Defendants denied the request for <br /> 19 materials. <br /> 20 84. It was subsequently discovered that Defendants did not comply with their <br /> 21 own policy regarding Fitness for Duty and/or Fitness for Duty Examinations. <br /> 22 85. Police Commander Sorrenson was ordered not to retrieve department <br /> 23 issued equipment from Mr. Serrano at the SAPOA officce, but instead to order him to <br /> 24 report to the police station. The applicable Memorandum of Understanding specifically <br /> 25 states: "The Association and the City of Santa Ana agree that the Association's <br /> 26 representative will not be required to carry out any peace officer's duties during such <br /> 27 time that the Association's representative is on such full-time release from duty. The <br /> 28 Association's representative will be required to comply with the Rules and Regulations <br /> 20 <br /> COMPLAINT <br />