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1 131. Serrano has requested to review documents used for personnel purposes <br /> 2 but has been denied the opportunity to do so. <br /> 3 132. Serrano has information and believe that his department issued locker <br /> 4 and/or other space for storage (including his department issued email storage system) <br /> 5 has been searched outside of his presence and/or without his knowledge/consent or <br /> 6 valid search warrant. <br /> 7 133. Serrano, while acting as the President of the SAPOA, and while off-duty <br /> 8 and out of uniform has been prohibited from engaging in political activity. <br /> 9 134. Serrano has been threatened with punitive action because of the lawful <br /> 10 exercise of the rights granted by Government Code §3300, et seq., and/or exercising <br /> 11 rights under existing administrative grievance procedures. <br /> 12 135. The duty to obey the laws set forth in Government Code §3300, et seq., is <br /> 13 a ministerial duty and is not discretionary. By acting, and failing to act, as set forth <br /> 14 above, defendants have violated a ministerial duty. Moreover, the acts and/or omissions <br /> 15 of defendants, set forth above, demonstrate that defendants' failure to comply with <br /> 16 Government Code §3300, et seq., was illegal as a matter of law under Government <br /> 17 Code section 1222, which makes a public officer's "willful omission to perform any duty <br /> 18 enjoined by law" a misdemeanor. <br /> 19 136. Each and every act listed above, individually or jointly, constitutes a <br /> 20 violation of Government Code §3300, et seq., and therefore this court should render all <br /> 21 available and proper relief under Government Code §3309.5 to remedy the violations <br /> 22 and to prevent future violations of a like or similar nature. Plaintiffs specifically seek a <br /> 23 "make whole" remedy. <br /> 24 137. For those acts identified in the already filed Government Tort Claim, <br /> 25 Plaintiffs further seek all relief afforded under Government Code §3309.5(e). <br /> 26 138. The above articulated violations were proximately caused by City's <br /> 27 indifference to its employee's violations of the Public Safety Officers Procedural Bill of <br /> 28 Rights Act, and the failure to train and control its officers and representatives on the <br /> 31 <br /> COMPLAINT <br />