Mifflin

I. FACTS

The facts in this case were undisputed. On February 17, 2010, Officer Mifflin was in the booking area of the Long Beach Police Department (the “Department”). He used the camera in his cell phone to record a video of a woman who was face down on the floor in restraints, screaming and yelling. Mifflin then sent the video to his wife, along with a message stating, “I hope you‟re enjoying the party at home. This is what I am doing.” His wife, who also worked for the Department, was hosting their son‟s birthday party. He also sent the video to a good friend, along with a message stating, “This is what I‟m doing at work tonight. Do not forward this to anybody.” The friend did not work for the Department. It was also undisputed that police officers commonly take personal videos and photographs for their own and the Department‟s protection. There was no rule or regulation specifically prohibiting officers from forwarding videos or photographs taken in the course of their duties.

1 We grant Mifflin‟s motion to augment the record with the July 8, 2011 and September 28, 2011 reporter‟s transcripts.

2

II. DISCUSSION

A. Violations

The Department charged Mifflin with engaging in…