This is a developing story.
Brandon Nail, a San Rafael police officer fired in 2023 for violating department policies, won an arbitration proceeding that reversed his termination.
On Dec. 16, the San Rafael Police Department reinstated Nail to his position as a police officer. Nail will also receive back-pay, plus interest for the termination period, which spanned almost 20 months.
This, despite the city defending its position during the arbitration–there was just cause to terminate. However, the arbitrator’s ruling is binding, and the city cannot appeal.
Still, residents won’t see Nail back on patrol just yet. In October, a state agency temporarily suspended Nail’s certification to work as a police officer.
The certification suspension was based on Nail’s “criminal proceedings pending—physical abuse/excessive or unreasonable use of force,” according to the California Commission on Peace Officer Standards and Training (POST).
Nail’s felony charges for assault and lying on a police report stemmed from a July 2022 use of force incident that occurred when he and another officer approached three men on the street for public drinking. Video evidence and hearing testimony indicated that Nail punched one of the men, Julio Jimenez Lopez, in the face and used a maneuver to take him to the ground, leaving him bloodied and injured.
This use of force, caught on police body cameras, enraged the public. During protests, marches, and lengthy city council meetings, residents demanded the termination and criminal prosecution of the two officers. It is unclear how the public will react to Nail’s reinstatement.
But Nail was well within his rights to appeal. A memorandum of understanding between the City of San Rafael and the San Rafael Police Association gives terminated employees the right to submit a grievance to the city manager and initiate the arbitration process.
San Rafael Police Chief David Spiller spoke with the Pacific Sun in March about employment arbitration while Nail’s case was underway.
“It’s a super awkward position for the city,” Spiller said. “An arbitrator can make a decision for the [former] employee to return.”
At the time, Spiller confirmed that he would testify in the arbitration hearing but didn’t want to comment on his feelings if the arbitrator cleared the way for Nail’s reinstatement to the department.
“I terminated Brandon Nail, so I’ll leave it at that,” Spiller said.
Apparently, the City of San Rafael is not welcoming Nail back with open arms, instead trying to distance itself from the arbitrator’s decision.
“The Nail incident has been profoundly difficult for our entire city—impacting the community, the police department, and the organization,” Cristine Alilovich said in an emailed statement. “While the City will respect and abide by the decision of the State arbitrator, the incident is not reflective of the values of our organization.”
Others familiar with Nail’s criminal case also object to Nail returning to the police force under these conditions. Attorney Theo Emison, who is representing Jimenez Lopez in a civil lawsuit against San Rafael, has strong words of indictment for the law enforcement system that allowed Nail to waltz back into his job.
“In what other industry would an employee who is facing criminal felony assault charges and who was fired from their job by their supervisor, based on findings their conduct violated department rules and protocols and brought shame to the department, have a right to request a private and confidential arbitration conducted in a star chamber by a single non-court appointed arbitrator to challenge their supervisor’s decision to fire them?” Emison said. “Only police enjoy these excessive rights and privileges. These officers must feel untouchable and above the law. The community of San Rafael is not safer or better with Officer Nail back on the streets.”
Whether or not Nail will return to performing his duties as a San Rafael police officer depends on the outcome of the criminal trial. Until then, he remains on paid leave.
Nail’s next court date on his felony charges is Jan. 22 in Marin County Superior Court.
Thank you for you continued excellence in the reporting of this developing story.
What was the reason given as to why the officer was reinstated? That goes to the heart of the story yet it’s missing here. It should have been addressed in the story.
Hi Dee,
The arbitration is a confidential process, making it likely that the public will never know exactly what happened behind those closed doors. What we do know is that the arbitrator did not agree with San Rafael Police Chief David Spiller’s justifications for terminating Brandon Nail.
Best,
Nikki
Was Lopez deported?
Many thanks for bringing this turn of events to our attention. Appalling. I want to get on board with any protests and the like. Hopefully the January court date will fix it so he doesn’t come back to San Rafael.
Thank you Nikki Silverstein for your excellent and timely reporting on this disturbing story.
Who was the arbitrator? Can’t we at least know who she/he is and her /his background?