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MROSD reprimands rangers who found meth lab in LG
By Nathan R. Huff
The two Midpeninsula Regional Open Space District (MROSD) rangers responsible for discovering the $1 million methamphetamine lab at Guadalupe College have received letters of warning from MROSD management.
Rangers Tom Randall and Kerry Carlson received written warnings on March 20 and 23, respectively, for violating district policy in their Jan. 12 uncovering of a methamphetamine lab at the abandoned Guadalupe College.
MROSD's management claims Randall and Carlson participated in a law enforcement action off MROSD property, a violation of the rangers' operating manual. Section 5.05 of the Ranger Field Operations Manual states that rangers shall not engage in law enforcement off district lands unless "the nature and location of the specific enforcement has had prior approval ... " The written warnings also state that the two rangers exposed themselves to "unnecessary risks well beyond the scope of [their duties]."
Neither MROSD director Craig Britton or assistant director John Eschobar would elaborate. Eschobar, in a telephone message, said it would be "neither proper or lawful" for him to discuss personnel matters.
Randall and Carlson argue that they did not participate in any law enforcement action, and in fact, contacted the Los Gatos-Monte Sereno Police Department as soon as they realized some sort of illicit activity was occurring on the college ground. Both said they had no reason to believe they were placing themselves in a situation any more dangerous than normal until they discovered the methamphetamine lab.
The two rangers also questioned whether the decision is related to their role in a recent battle between the rangers' union and district management. Randall said he and Carlson, through their union, are filing a discriminatory suit against MROSD, alleging that they were repeatedly singled out for more strict interpretations of district policy than their fellow rangers.
The pair were investigating a MROSD fence that had been cut three times in the span of two months on Jan. 12, when they discovered tire tracks leading onto the adjoining college property. According to the incident report filed the next day, the two rangers followed a vehicle trail toward the college building where they discovered a generator, chemicals, buckets, a burner and a number of other suspicious items.
Randall and Carlson then contacted Mike Grabill of DEVCON Inc., the company working with property owner Joe McCarthy to develop the property. Grabill confirmed that there were no legal activities occurring on the site, and at that time the rangers radioed the Los Gatos-Monte Sereno Police Department. When the officers arrived, Randall and Carlson led them to the scene. The police department confiscated approximately $1 million worth of unfinished methamphetamine.
Carlson and Randall say they followed the operations manual closely, maintaining ongoing contact regarding the vandalized fence with both McCarthy's representatives and the adjoining Novitiate. Both say they were trying to prevent trespassing, another goal set forth in the manual.
The rangers said they returned to congratulations from their coworkers and immediate supervisor, Tom Lausten, who has since been placed on leave. The next day, as Randall prepared to write up the incident report, he was told an investigation was going to occur for possible violations of district policy.
The two men hired lawyers as soon as they were notified of the internal investigation. On Feb. 9, Randall and Carlson had separate tape-recorded meetings with management. More than a month later, on March 20, Randall received his letter of warning. Three days later, Carlson received the same letter.
"Being under a 66-day investigation without knowing what's going to occur with your career is extremely stressful," Carlson said. And while both men said they could accept the written warning, no matter how arbitrary they felt it was, the lack of recognition continues to bother them.
"What's most irritating is that they have yet to acknowledge or recognize the event other than the discipline," Randall said.
Randall and Carlson's belief that they had been singled out for arbitrary discipline is rooted in their leading roles in a fight by the Midpeninsula Peace Officers Association (POA) union--a subset of Service Employees International Union--against a 1999 state assembly bill reducing the legal status of MROSD rangers.
AB 1578 was supported by MROSD and sponsored by District 24 Assemblyman Jim Cunneen. While the bill centered on making land tranfers to the district less difficult, another part of the bill would change the status of MROSD and East Bay Regional Parks rangers. Randall, who was union steward at the time, said the rangers were never informed of the pending legislation. Upon discovery, Randall said management told them it was an oversight, but had no intention of changing the bill.
Randall contacted the Police Officer Resource Association of California (PORAC), a very influential state capitol lobbying group. Representatives spoke with Cunneen, who then refused to sponsor the bill unless MROSD could work out a compromise with its rangers, Randall said.
A compromise could not be found, and the bill was passed without the section relating to rangers' peace officer status. Carlson, the current POA president, said that since then the already rocky relationship between field staff and management has become much more strained.
"Management has alienated staff, particularly field staff, because we question; we speak our mind," Randall said.
Randall and Carlson don't appear to be alone. A letter of support from both of the district's field offices and its main office was sent to the district's board of directors in mid-March, raising concern over how employees are treated by management.
Local board member Pete Siemens was unavailable for comment. Craig Britton did not return phone calls regarding the district's response to employee concerns.
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Los Gatos, California Since 1881
