[CV-0127] San Andreas Police Department v. State of San Andreas

[Kira Hernandez]

State of San Andreas
First Judicial District Court
United States Courthouse
3321 Downtown Avenue, Los Santos, San Andreas

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San Andreas Police Department
v.
State of San Andreas

CASE # CV-0127
HONORABLE JUDGES PRESIDING:
Marko Vanhanen, Kira Hernandez, Martin Winchester

The First Judicial District Court recognised the Civil Lawsuit submitted by the Counsel Lieutenant Kacper Kowalski on behalf of the San Andreas Police Department, henceforth the Plaintiff on February 23, 2025 at 1:15AM CET.
The evidence provided in the initial documentation provided by the Plaintiff against the State Government under the Counsel of Governor Chuck Clayton, henceforth the Defendant, was deemed as sufficient and removes possibility for summary dismissal. Let it be recognized that the court has assigned this case ID #CV-0127.

Court's Clerk Record on #CV-0127 - Verdict

[20:09:48] Kira Hernandez (microphone): In the presence of the flag of the United States.
[20:09:54] Kira Hernandez (microphone): Emblem of the constitution and freedom and justice.
[20:09:58] Kira Hernandez (microphone): For all.
[20:10:12] Kira Hernandez (microphone): The First Judicial District Court of the San Andreas State.
[20:10:24] Kira Hernandez (microphone): United States Courthouse, is now in session.
[20:10:40] Kira Hernandez (microphone): The Honorable Lead Judge Kira Hernandez, alongside Honorable Judge Martin Winchester.
[20:10:43] Kira Hernandez (microphone): Presiding.
[20:10:47] Kira Hernandez (microphone): Please be seated.
[20:10:59] * Diego Gutierrez pulls the chair towards him, sits down.
[20:11:35] * Martin Winchester rests his snugs onto the chair of judgement, he sweeps his gaze around the courtroom.
[20:11:50] Kira Hernandez (microphone): In matter of the San Andreas Police Department versus State Government of San Andreas.
[20:11:55] Kira Hernandez (microphone): Case CV-0127.
[20:12:05] Kira Hernandez (microphone): Initiated by SAPD's Counsel Kacper Kowalski.
[20:12:26] Kira Hernandez (microphone): Against the State Government counsel Chuck Clayton and Governor of the State of San Andreas.
[20:12:49] Kira Hernandez (microphone): The Court had reached a verdict after careful proccess.
[20:13:03] Kira Hernandez (microphone): And review, study and prepration.
[20:13:16] Kira Hernandez (microphone): The First Judicial Court of San Andreas is ready to announce its ruling.
[20:14:23] Kira Hernandez (microphone): The Court would like to present the Plaintiff and the Defendant represnetative. May stand up and..
[20:14:23] .. state their name.
[20:14:31] Kira Hernandez (microphone): Plaintiff then the Defendnat.
[20:14:38] Kira Hernandez (microphone): Defendant*))
[20:15:19] Kacper Kowalski (microphone) [American accent]: Kacper Kowalski, your honor, representing the SAPD as the plaintiff in this c..
[20:15:19] ..ase.
[20:15:39] Chuck Clayton (microphone) [British accent]: Chuck Clayton, Governor of the State
[20:15:51] Kira Hernandez (microphone): Thank you gentlment.
[20:15:56] Kira Hernandez (microphone): You may be seated.
[20:16:45] Kira Hernandez (microphone): The Court will be presenting its final ruling now.
[20:16:45] Kira Hernandez (microphone): The Court has decided the following..
[20:16:57] Kira Hernandez (microphone): The Court Recommends to the Defendant, the following amendments in the SA-PCS XI.
[20:17:08] * Shawn Cooper waves to the handsome gentlemens
[20:17:15] Kira Hernandez (microphone): Particularly, section XI.3.
[20:17:47] Kira Hernandez (microphone): To bring in line with constitutional protections, proper legislative drafting and coordiation wi..
[20:17:47] ..th the SAPD.
[20:18:17] Kira Hernandez (microphone): By providing clearer definitions and limits regarding what constitutes "Private Business Interfe..
[20:18:17] ..rence".
[20:18:34] Kira Hernandez (microphone): With specific consideration for the law enforcement agencies that implmenet.
[20:18:45] Kira Hernandez (microphone): Internal conflict of interest policies in good faith..
[20:18:52] Kira Hernandez (microphone): And in line with existing federal law.
[20:19:14] Kira Hernandez (microphone): Secondly.
[20:19:28] Kira Hernandez (microphone): The Court has determined that certain parts of SA-PCS XI.
[20:19:41] Kira Hernandez (microphone): Interfere with SAPD's ability to enforce its own policies.
[20:19:57] Kira Hernandez (microphone): Specifically, the sections that require SAPD employees to be able to hold any government position.
[20:20:02] Kira Hernandez (microphone): In which it shall be removed.
[20:20:21] Kira Hernandez (microphone): These parts of the law conflict with SAPD's policy and exceeding the intended scope of Governmen..
[20:20:21] ..t authority.
[20:20:28] Kira Hernandez (microphone): Thirdly.
[20:20:40] Kira Hernandez (microphone): The Court recommends the SAPD to review and revise its internal policies.
[20:20:51] Kira Hernandez (microphone): To ensure they align with the changes made to the law.
[20:21:05] Kira Hernandez (microphone): This should include making sure that any contracts or agreements SAPD employees enter into..
[20:21:09] Kira Hernandez (microphone): "DO NOT"
[20:21:26] Kira Hernandez (microphone): Contradict the newly amended laws regarding outside employment and government positions.
[20:21:34] Kira Hernandez (microphone): And finally.
[20:21:40] Kira Hernandez (microphone): The Court orders the SAPD...
[20:21:50] Kira Hernandez (microphone): To review and correct any part of the administrative decree #001.
[20:22:11] Kira Hernandez (microphone): That may confilict with the newly amended laws or policies as well as the existing federal law.
[20:22:22] Kira Hernandez (microphone): Any sections causing confusion or contradictions should be clarified.
[20:22:24] Kira Hernandez (microphone): Or updated.
[20:22:38] Kira Hernandez (microphone): To ensure the alignment of the current legal standards.
[20:22:51] Kira Hernandez (microphone): The Court recommends that SAPD require its employees to submit their..
[20:23:00] Kira Hernandez (microphone): Requests to the Office of the Chief of Police for ..
[20:23:11] Kira Hernandez (microphone): Authorization before taking on any governmental positions.
[20:23:38] Kira Hernandez (microphone): May Honorable Martin Winchester take the lead.
[20:23:42] * Martin Winchester sits up right and narrows his eyes, throwing a decisive glance at Chuck.
[20:24:08] * Diego Gutierrez grins.
[20:24:08] * Martin Winchester calmly slides off the glasses he is wearing to the bridge of his nose to peer over Chuck.
[20:24:20] Martin Winchester (microphone): Stand up Mr. Clayton.
[20:24:37] Martin Winchester (microphone): Are you mocking us with that outfit?
[20:24:39] {7e7e7e}[Join]{B5B5B5} Tony_Castro (119) logged in to the server!
[20:25:21] Martin Winchester (microphone): Are you confirming your defiance and disregard to the court's order? Where you have been clea..
[20:25:21] ..rly instructed?
[20:25:32] Martin Winchester (microphone): I don't understand sign language, explain that outfit.
[20:26:15] * Martin's voice would be deliberate and demanding, he seems to be concerned. (Martin Winchester)
[20:26:21] Chuck Clayton (microphone) [British accent]: I am sorry.
[20:26:33] Martin Winchester (microphone): Is that the explanation you are going to provide us with?
[20:26:42] * Joseph McCarthy flicks a switch on his radio, killing the comms with a brief static pop.
[20:27:44] Martin Winchester (microphone): Where's your hired counsel? **shuffles through the pages** Mr. Fernandes?
[20:28:12] Chuck Clayton (microphone) [British accent]: I do not know.
[20:28:27] Martin Winchester (microphone): We do not tolerate such obvious misbehavior in this Court, do you have anything to say about ..
[20:28:27] ..your attire?
[20:29:01] Chuck Clayton (microphone) [British accent]: That I am sorry.
[20:29:15] * Diego Gutierrez scratches his moustache, rests his elbows lightly on the wooden desk in front of him.
[20:29:33] Martin Winchester (microphone): I find you remorseless, to have the audacity of coming back here with another casual attire o..
[20:29:33] ..f yours.
[20:29:51] Martin Winchester (microphone): I'm holding you in contempt of court, you will have to remit a $100,000 monetary fine.
[20:30:05] Martin Winchester (microphone): Let this be a lesson to you to dress formally.
[20:30:32] Martin Winchester (microphone): Judge Hernandez will adjourn the court.
[20:30:42] Kira Hernandez (microphone): Thank you Honorable Martin Winchester.
[20:31:05] Kira Hernandez (microphone): The First Judicial Court of San Andreas would be ending this case today.
[20:31:17] Kira Hernandez (microphone): Should be any issues, you may raise it with the House of Congress.
[20:31:23] * Diego Gutierrez turns over to the man laying tased on the ground, shifts back to court.
[20:31:34] Kira Hernandez (microphone): The verdict will be posted in the appropriate forum.
[20:31:45] Kira Hernandez (microphone): CV-0127 is dimissed.
[19:31:49] Kira Hernandez (microphone): *bangs her gavel twice*

I. FINDINGS:
The Court would like to demonstrate to both parties and the public that, SAPD as a law enforcement agency, holds the legal right and operational necessity to impose internal standards and restrictions regarding external roles that its personnel may take, especially when such roles involve political or governmental positions which could directly or indirectly interfere with the neutrality and discipline expected from the Officers.

The Court finds that the allowance enforced by Section XI.3 of the state law, which permits government employees including those in law enforcement to freely hold other government positions or political roles, directly conflicts with the department's long-standing policies designed to mitigate conflicts of interest and protect public trust.

The Court recognizes the SAPD's need to operate with a degree of internal independence, particularly concerning issues of dual loyalty and potential bias, and that enforcing absolute access to political positions for the police officers create risks that may only be corrected after the damage been taken. While the law does not directly negate constitutional protections, its application in this context proves legally problematic and practically unreasonable.

The Court also had noted that SAPD's own administrative decree, namely Decree #001, could benefit from a revision to ensure clarity and full compliance with state and federal law, particularly in light of any forthcoming amendments to SA-PSC § XI. Therefore has reached the following;

II. RULINGS:
- The Court recommends to the Defendant, the following amendments in the SA-PSC § XI, particularly Section XI.3, to bring it in line with constitutional protections, proper legislative drafting, and coordination with the SAPD, by providing clearer definitions and limits regarding what constitutes private business interference with specific consideration for law enforcement agencies that implement internal conflict of interest policies in good faith and in line with existing Federal law.

- The Court has determined that certain parts of SA-PSC § XI interfere with SAPD's ability to enforce its own policies. Specifically, the sections that require SAPD employees to be able to hold any government position, in which, it shall be removed. These parts of the law conflict with the SAPD's policy of exceeding the intended scope of government authority.

- The Court recommends the SAPD to review and revise its internal policies to ensure they align with the changes made to the law. This should include making sure that any contracts or agreements SAPD employees enter into do not contradict the newly amended laws regarding outside employment and government positions.

- The Court orders the SAPD to review and correct any part of the administrative decree #001 that may conflict with the newly amended laws or policies as well as the existing federal law. Any sections causing confusion or contradictions should be clarified or updated to ensure alignment with current legal standards. The Court recommends that SAPD require employees to submit their requests to the Office of the Chief of Police for authorization before taking on any governmental positions.

*During the event of the Court Case CV-0127. Mr. Chuck has been found in contempt of Court after being addressed to appear with formal clothing, despite the warning, he had failed to do so. Mr. Chuck Clayton has been fined a sum of 100,000$. The fine may be sent to Honorable Judge Kira Hernandez's Bank Account ((Private)) ID#696 or Government's bank ((Group)) ID#1. Mr. Clayton have 7 days to fulfill this fine. Failure to pay within the stated timeframe will result in an automatic doubling of the fine every twenty four (24) hours past the deadline. Date starts 17/04/2025 - 23:00 CET & ends on 24/04/2025 - 23:00 CET. ((Attach a screenshot proving the transfer to my Discord DMs: cardinal_k))

*Should either party believe that this decision is unjust or that errors were made throughout these legal proceedings, they are entitled to file an appeal with the Supreme Court ((or the House of Representatives as there's no functional Supreme Court as of now)). The appeals process ensures that all parties have an opportunity to seek further review and that justice is upheld to its fullest extent.

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Signed,

Martin Winchester
Hon. District Judge
District of San Andreas

Kira Hernandez
Hon. District Judge
District of San Andreas

Marko Vanhanen
Hon. District Judge
District of San Andreas