Lesbian Ex-SF Cop Claims Retaliation by Former Chief

A former San Francisco police officer has filed a claim against the city, saying recently departed Police Chief Greg Suhr forced her to retire after she went public with allegations that another officer had embezzled money from the LGBT police officers Pride Alliance.

Patricia Burley, a lesbian who was an officer with the San Francisco Police Department for about 22 years, said in an interview Monday that "Having to do the right thing isn't easy," and she feels "betrayed."

"My career ended before I would have chosen it to, all for doing what I was sworn to do - report crimes and have a high moral compass," Burley said. "It makes me sad."

Burley, 54, says in her claim filed May 18 with the city controller's office that she suffered lost retirement benefits and wages, along with "emotional distress." The claim is a precursor to a possible lawsuit.

Former Officer Michael Evans, a gay man, pleaded not guilty in October to felony charges of grand theft and embezzlement. He allegedly stole more than $16,000 from the alliance when he was the group's treasurer. Attorneys have been working toward a resolution, but John Campion, Evans' attorney, said in an email that there would be "no resolution of this case" Tuesday, the day for which a pretrial conference had been set.

The alliance's secretary has said that Evans, who resigned from the department in 2014, has paid back the money. Evans, who was released on bail shortly after being booked into custody last year, has previously declined to comment and couldn't be reached for this story.

In a September 2014 memo she wrote to a sergeant, who apparently was in the SFPD's Internal Affairs Division, Burley, who was then the alliance's vice president, said an audit of the group's finances had revealed "discrepancies" from the time Evans was the group's treasurer. Her memo says the review covered 2012 and 2013, but it's not clear from the document if Evans was the treasurer for that entire period.

According to the memo, there were "indications that funds were used for hotels, clubs, and car rentals in Las Vegas as well as online tuition payments that were in no way connected with Pride Alliance business or activities."

Additionally, the audit showed that money had been taken out through "unauthorized ATM withdrawals," and spent on "Starbucks charges [and] miscellaneous web page fees" that weren't connected to official alliance business.

One member suggested referring the discrepancies to Internal Affairs, Burley wrote, but gay former Lieutenant Chuck Limbert, who was then board president, responded that "this will not be followed up by any division of SFPD. ... I ask that this remain confidential."

At one point, Limbert told a member that Evans had said he could "account for all expenditures and that no financial irregularities had occurred," but soon after that, he said "Evans had admitted taking money from the account," according to Burley.

At one meeting, she wrote, "Lieutenant Limbert told the board that Officer Evans admitted to taking the money, that he was sorry and very remorseful, knew it was wrong and wanted to pay it back."

He added that Evans "was experiencing health and addiction problems and that the board should try to help him."

However, Limbert allegedly asked that Evans be allowed to make repayments as "gifts," which at least one other member was "very uncomfortable with," because she didn't want to lie, Burley wrote in her memo. (Her attorney provided the Bay Area Reporter with a copy of the document at the paper's request.)

Then, Burley said, "Lieutenant Limbert and I engaged in a heated discussion regarding how the board should handle Officer Evans' alleged misconduct. I felt that Officer Evans' conduct constituted fraud and embezzlement and should be investigated by the department and that criminal charges might be considered. Lieutenant Limbert responded that he was concerned that Officer Evans would lose his job and that his life would be ruined if the financial discrepancies were reported, or worse would kill himself, then how would Pride get the money back. I felt like I was being intimidated by Lieutenant Limbert to not pursue an investigation."

'Duty' to Report

In the claim against the city, Burley said she was uncomfortable "with handling the matter internally because she had a duty as a police officer to report suspected crimes."

In September 2014, she said, she met with Internal Affairs staff and provided them with "emails and documentary evidence" supporting the allegations against Evans.

Three months later, in December, she discovered that Evans "had been allowed to resign with 'satisfactory' service," meaning he could become a cop someplace else.

"She was told that the Internal Affairs investigation of the officer was closed," Burley's claim says. She "was outraged" that the department "allowed an officer who had committed a crime in breach of public trust to resign and seek employment elsewhere."

In February 2015, Burley appeared on KTVU "voicing her frustration," the document says. Her face was blacked out and her voice was distorted "because she feared retaliation from Greg Suhr" and other department members.

A few days after she went to the media, she got a letter from Internal Affairs informing her that she was being investigated for "misconduct."

"This investigation was retaliation for Ms. Burley exercising her First Amendment rights and launched at the direction of Chief Suhr," her claim says.

Internal Affairs interviewed her in April 2015. "Fearing further retaliation" and being terminated from her job, Burley denied being the person who'd appeared on KTVU.

In February 2016, according to Burley, Paul Chignell, of the San Francisco Police Officers Association, called her and told her that Suhr "wanted to terminate her because he knew she was the one" who'd gone to the TV station and that she'd been "dishonest in the Internal Affairs investigation."

Chignell, who couldn't be reached for this story, told her that if she retired she'd get to keep her pension and benefits.

"Rather than be terminated and face losing her pension benefits," her claim says, Burley "was forced to retire" in March. She says the termination violates state labor law and her First Amendment right to comment on public matters.

Burley filed a complaint with the Ethics Commission in March. A staffer at that agency said he can't confirm or deny pending investigations.

In April, Deputy Chief Hector Sainez, who chairs the police department's Brady committee, wrote in a letter to Burley that "it appears that the department is required to notify the district attorney's office that your personnel file may contain potential Brady information" related to "dishonesty."

Brady refers to Brady v. Maryland, the 1963 U.S. Supreme Court case that requires prosecutors in criminal cases to "disclose exculpatory evidence to the defense," Sainez noted. (Burley's attorney provided the B.A.R. with a copy of the letter.)

Burley's claim says that Sainez's letter "is further retaliation" against her for complaining to the Ethics Commission "and for engaging in protected whistleblowing and exercising her First Amendment rights."

Limbert, who's retired, has previously denied the allegations against him and hasn't been charged by the DA's office. He didn't provide comment for this story.

Suhr, who was forced to resign last week after recent scandals including fatal officer-involved shootings, couldn't be reached for comment.

Sergeant Michael Andraychak, a police spokesman said in an email, "The department cannot comment on internal investigations, personnel matters, or civil suits."

The city attorney's office didn't respond to an emailed request for comment.

Jayme Walker, an attorney with Gwilliam, Ivary, Chiosso, Cavalli, and Brewer, the firm representing Burley, said officials had about six weeks to formally respond.

Burley doesn't think she's met Evans, and she said her claim was nothing personal.

"It really was just about doing the right thing," she said.

A New Year's Day post on Evans' Facebook page said, "To say that 2015 was heartbreaking, devastating, embarrassing, and even a little depressing might be an understatement." In the new year, the post said, Evans hoped to "have a much better year and be a better person than last year."