Turlock police officer claims mayor tried to stifle his free speech rights

A Turlock police detective has filed a claim against the city, alleging Mayor Gary Soiseth contacted the detective’s superiors in an “attempt to influence, intimidate, harass, and silence (his) protected off-duty political activity” and freedom of speech.

Soiseth denied wrongdoing and welcomed an investigation. This is the second time an employee has filed a claim against the mayor.

Then-City Manager Gary Hampton filed a claim last year, accusing Soiseth of bullying him and other staff and engaging in unethical behavior regarding the selection of Hampton’s successor.

Hampton retired six weeks earlier than planned and later filed the claim, seeking the compensation he gave up. The city paid him $39,000. Soiseth has denied Hampton’s accusations.

Detective Jason Tosta filed his claim Sept. 18.

He created a Facebook page called Turlock First. The page does not include Tosta’s name and is filled with posts calling Soiseth a liar, accusing him of misleading the public, and criticizing him over public safety, roads, water rates, city finances and other city business.

University of the Pacific political scientist Keith Smith said public employees have the right to “engage in political advocacy as long as they are doing it as private citizens and not in any official capacity.”

UC Davis School of Law professor Ash Bhagwat said “that’s clearly political speech so it’s within the First Amendment” after the Facebook posts were described to him.

Soiseth issued this statement: “As you know, I’m very limited in what I can say because this seems like it’s a personnel matter. I did not have a copy of this claim until you provided it to me. I will tell you that I have done nothing wrong. I welcome a full investigation, and I expect a full investigation. I also expect the full truth to come out of this process.”

Tosta said he has been a Turlock police officer for nearly 23 years and said he is not supporting any candidate for mayor. Soiseth faces three challengers in the November election. Tosta declined to comment further and referred to a statement he issued.

The statement said Tosta wanted to give Turlock “the opportunity to complete a thorough investigation by an independent third party investigator.”

Tosta alleges in his claim that Soiseth in his official capacity as mayor contacted his superiors in March and April regarding the Facbook page. (Turlock blacked out the names on the claim, but Tosta confirmed the names were of his superiors.) He alleges in his claim the mayor’s behavior harmed his emotional and physical well-being and reputation and created a hostile work environment.

Tosta also alleges that Soiseth in August “intentionally and maliciously divulged my identity on Facebook as the creator of the Facebook page Turlock First with the intent to further influence, intimidate, harass, and silence my protected off-duty political activity.”

But Bhagwat, the law school professor, said that is protected speech as long as Soiseth learned about Tosta’s identity legally and was acting in his personal capacity as a candidate. “The mayor has free speech rights, too,” Bhagwat said.

This story was originally published September 28, 2018 at 4:08 PM.