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.
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.
