Stockton cop suspended after ticketing mayor’s son during checkpoint stop
Oct 22, 2009 | 6491 views | 46 
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Stockton Police Department Cpl. Josh Rowell directs traffic Tuesday night at the Stockton traffic check point. Rowell was suspended until further notice after giving the Stockton mayor’s son a ticket for driving without a license.
- photography / Maegan Burr
- photography / Maegan Burr
Cpl. Josh Rowell, who was hired on by the town in January, was motioning vehicles to stop on the side of the road to check for license, registration, proof of insurance and DUI around 10:30 p.m. when he got word of a white vehicle turning onto a residential street, perhaps in an attempt to avoid the checkpoint (see related story on A3). Rowell, who was assigned to drive a squad car stationed at the south side of the checkpoint to catch such motorists, followed after the car and initiated a traffic stop.
When the male driver of the vehicle was unable to produce a driver’s license, Rowell said he issued the man — whom he had never met before — a ticket.
“The man then said, ‘I’m out looking for my dog, so I’m going to be driving around. Tell your buddies not to pull me over,’” Rowell recalled. “I said, ‘No, no, no. If you don’t have a driver’s license, don’t go driving around.’”
Rowell said he threatened to pull the man over again if he saw him out driving later. Rowell then returned to the checkpoint and turned the ticket stub into the court clerk. It was then he found out that the man he had just issued the ticket to was Rydalch’s son, according to Rowell.
“About 15 or 20 minutes later, I went over to talk to the court clerk again because we hit a slow point and I noticed that the chief was gone,” Rowell said. “The clerk told me he was in the mayor’s truck talking and the mayor seemed to be pretty ticked off because I had given his son a ticket.”
Rowell said when he went to talk to the mayor, the mayor abruptly fired him. Then, after cooling down a bit, the mayor retracted his firing statement and suspended him instead.
“All I heard was ‘suspended until further notice,’” Rowell said. “All for just doing my job.”
Mayor Rydalch said the matter is being handled internally.
“It had nothing to do with the ticket,” Rydalch said. “The ticket will remain. It had to do with the manner in which the situation was handled.”
Stockton Police Chief Heinz Kopp declined to comment on the matter, saying that the suspension was the mayor’s decision and the mayor supersedes him in authority.
“The whole situation hit me by surprise,” Kopp said.
According to the Stockton Policy and Procedure Manual, the director of personnel and management for the town is the mayor, giving him the responsibility for “coordinating the personnel activities of the town to assure compliance with applicable federal, state, and town personnel management law, regulations and ordinances.” No further policy is recorded for handling allegations of misconduct against employees.
In comparison, the Tooele City Police Department policy manual categorizes complaints of misconduct into two categories: one for serious actions — including situations in which a person has been killed or seriously injured by an officer or a firearm was discharged — and non-criminal actions — including rudeness, poor demeanor or favoritism. Allegations in both categories are investigated internally to determine whether they are not sustained, unfounded, or founded before punitive action is taken against an officer.
While Rowell isn’t sure what the future will yield for him, he’s convinced he handled the situation correctly.
“I’m pretty sure I acted completely professional in enforcing the law and doing my job,” he said. “I finished out the rest of the night and after that dropped my police car off at the station and got a ride home. All I heard was ‘until further notice.’”
Jamie Belnap: jamieb@tooeletranscript.com
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I feel that the officer whom was doing HIS JOB did the right thing and should receive his job back, along with a public apology and perhaps either a pay raise or a promotion. If this keeps on how your running your town, I can guarantee that you will be kicked out of office Mayor Rydalch, and treated very rudely.
Who do you think you are anyway? Just because you are Mayor of Stockton does not mean you are Holier than thou and can show favoritism toward your family members. I can guarantee that 99% of Stockton and Tooele are supporting the Officer who was doing his JOB!
Stockton. We moved. When I called the Mayor..he hung up on me.
Anonymous, as for the checkpoint's constitutionality, the Supreme Court ruled 6-3 in the case of Michigan v. Sitz in 1990 that DUI checkpoints are legal under the constitution, Justice Rhenquist offering the majority opinion that the checkpoints are both necessary and effective in protecting public safety. While this checkpoint may not have been billed as a search for DUI offenders, it certainly falls under the same category. Obviously, anyone who had been driving impaired that night would have been arrested.
Think about it. Traffic laws, including those regarding license, registration, and insurance, are intended to protect citizens from harm.
As a citizen and participant in the inherent social contract of citizenship, I am willing to bear the small burden of being momentarily detained at a police checkpoint to help ensure the safety of all motorists. Sure, it is an inconvenience, but a very small price to pay.
As for Boss Hogg - er, Mayor Rydalch - kiss your throne goodbye, buddy. If you think the people of Stockton are going to reelect you after your little hissy-fit, then you are less fit for office than any of us imagined.
At 7pm Stockton city is having a public city council meeting supposably to address the outcome of the Mayor's "investigation". We are having a fund raiser/petition signing/show of support at the Stockton Miners Cafe (47 N Conner Ave, Stockton call 435-882-4418 if you need directions)between the hours of 3pm and 7pm after which we will all go over to the city council meeting at the fire department (meeting opens to the public at 730pm) to show our support.
Perhaps Mayor Rydalch will kindly reconsider his decision if he can get a visual of the number of people that are opposed to his behaivor. If you are a police officer, please come in uniform if possible and spread the word!!! If everyone that reads this tells someone else, it will get enough people there to show some sizable support. We want to all walk together so if you would like, make signs showing your thoughts on this issue! It is deeply disturbing that Mayor Rydalch is behaiving in this manner, hopefully we can get enough people together to try to help out the Rowell family - in this economy it is not right to take away someone's ability to provide for their family because they were doing their job! I know it may seem a long drive for those coming from Salt Lake but PLEASE PLEASE take time out of your day to support this young officer. In doing research about this, the townspeople I spoke with told me he is a very good cop, always fair, kind, ethical - just the kind that we need and have too few of! He had only been on the job a short time, apparently the Mayor has done similar things in the past but has not been held accountable. I'm not familiar with any other issues, but the townspeople I spoke with in Stockton are and they are tired of the attitude of Mayor Rydalch. He has obviously forgotten that he is a public servant and not above the law. Please help so that the city council can see unwavering support for Cpl. Rowell and also see that Mayor Rydalch's behaivor is not going to be accepted here! Thanks so much! If you need anymore information, check the Tooele Transcript (events) or call the Stockton Miners Cafe 435-882-4418 and ask Josh to give your message to Melanie Fagan.
We would love to have as many as can come, come to the cafe to eat, sign the petition, and help us raise some money for Cpl. Rowell! Anyone who is interested in helping please let me know!!! Thanks, Melanie
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Suppose a drunk driver pulled over to avoid the checkpoint, then later struck and killed another driver - don't you think it would have been better for that driver to have been apprehended before tragedy occurred?
If the mayor thinks that it's OK for his 29 year old ADULT son to break the law and get away with it, what other illegal activities might he condone?
Maybe a full investigation of all the mayor's activities while in office would be a great idea. Follow the money trail and see if he has personally benefited from the city's dealings.
Disgusting.
Checkpoints are a violation of the constitution,
unreasonble search and detainment with out probable cause.
Those who relinquish liberty in the name of safety will receive neither nor deserves neither.
Kiss America Good bye.
Welcome to the new world order of the one world Government. Foolish Americans.
1. Who planned the checkpoint in Stockton?
2. Who got the revenue for the Tickets issued at the Checkpoint?
3. Why was every police agency in Tooele county involved in the checkpoint in Stocton.
4. Why did police let other vehicles through the checkpoint that they personally knew the drivers.
5. Since when is making a perfectly leagal turn into a residental nieghboor hood reason to pull anyone over? If he did not break any laws, who cares if he did not go through the checkpoint. I did not drive through the checkpoint that night and I hope they don't come to my house and ticket me for avoiding it. I did not break any laws avoiding the checkpoint that night, and it does not sound like the son did either.
Sounds like the Mayor over-reacted, I am curious if he is the one that suggested the checkpoint in an effort to increase revenue for the town?
http://www.stocktontown.org/council.htm
Dear Mayor Rydalch:
I have read an article that reports you suspended Officer Josh Rowell who wrote your son a ticket for driving without a license. I am unclear if he has a valid license or if he was just driving without it in his possession, although both are violations. Usually it is the police department who suspends, not the mayor. Normally departments have investigations and some have hearings. Did the officer get to state his account of what happened before you took any action?
In California, the police officers have a Bill of Rights which would prohibit such conduct. I am outraged if your conduct was as described in the article as it is an abuse of power, and has the appearance of you using your office to put your family above the law. It would also be prudent if you did not conduct or lead the investigation yourself as that would certainly give the appearance of a conflict of interest.
I would urge the council, after a full and unbiased investigation, reinstate Officer Josh Rowell with back wages if the results of the investigation finds the suspension was unwarranted.
This comment is written by the mother of a murdered police officer who is also an attorney with 26 years of legal experience.
Phyllis Loya
mother of fallen officer Larry Lasater, eow 4/24/05
This mayor is a complete moron. Can you say LAWSUIT? The guys been fired, and now re-hired but suspended because he ticketed the mayors son.
The mayors son didn't have a drivers permit on him. Maybe the officer didn't show much descretion, but why should he for the son of the mayor of Stockton? This is the possibly the biggest idiot I have heard of this year.
Congrats to the mayor of Stockton for being the biggest idiot of the year.
I read this story on KSL.com today 10/26 and I was really shocked! I never thought things like this happened today in the U.S!
I forwarded a copy to the Toole County Attorney, THE Utah State Attorney & the Governor's office! This is nothing to take lightly in a free country and I am more shocked others didn't reply!
Wow, and everyone needs to read how badly people are talking about us as Tooele citizens because of the Mayors poor choice. Check out KSL's website. Thanks Mayor for the clever judgment call.