City Response to Allegations Related to Former Employee Eric Uller
The
City of Santa Monica places the highest value on the health, safety, and wellbeing
of our youth. We were deeply disturbed by the heartbreaking allegations that
Eric Uller, a former City employee, committed crimes against children in
connection with the City’s Police Activities League (PAL) program in the 1980s
and 1990s. Since receiving these allegations, the City has taken, and will
continue to take, steps to share information with the community and ensure the safety of all our youth across all City programs. Here, we share
background on the allegations, the City’s response, youth programs, and legal
claims.
Background
on the Arrest of and Charges Against Eric Uller
In late spring 2018, the Santa Monica Police
Department (SMPD) received an anonymous tip about an alleged crime involving Eric Uller. Following identification of the victim, SMPD
reported the information to the Los Angeles County Sheriff’s Department (LASD) for investigation.
As a
result of its investigation, LASD arrested Uller on October 18, 2018, on
charges of Lewd Acts with a Minor. On October 22, 2018, the Los
Angeles County District Attorney's office charged Uller with five counts of
sexual crimes against four minors. The charges included three
counts of Lewd Acts Upon a Child, two counts of Oral Copulation of a Person
Under 18, and one count of Continuous Sexual Abuse. The charges related to alleged incidents dating
back to the 1980s and 1990s while Uller was volunteering with the City’s Police
Activities League (PAL) program.
On
November 15, 2018, the City was notified that Uller
was found dead in his apartment in an apparent suicide. As a result of Uller’s death, proceedings on the criminal charges against
him were halted.
Although
the Los Angeles Sheriff’s Department closed this first investigation upon Eric Uller’s death, the Santa Monica Police
Department received an additional allegation that individuals at the time were
on notice of Uller’s activities and failed to meet their obligations as
mandatory reporters under the Child Abuse Neglect and Reporting Act. The Santa Monica Police Department again referred
that matter to the Los Angeles Sheriff’s Department and that investigation
remains outstanding.
The City cooperated fully with the Sheriff’s Department and the District Attorney’s Office throughout the criminal investigations and prosecution. The criminal matters were closed after Eric Uller’s death.
City
Response
Following Uller’s arrest, the City worked swiftly
and proactively to reach out to all of those potentially impacted by these
horrifying allegations. The City:
- Held in-person
community meetings with community members and PAL parents to provide
information about the allegations and the City’s response and to hear and
respond to community concerns.
- Notified SMMUSD’s
Mental Health Coordinator to ensure that school-based mental health
providers were attentive and responsive to reactions from students,
parents, caregivers, or staff.
- Activated local
mental health providers to ensure that therapeutic services were available
onsite for PAL, Virginia Avenue Park, and other city youth program
participants and their families.
- Provided trainings at local libraries for parents on how to identify risk factors for and seek to prevent child sexual abuse.
- Retained Irma Rodríguez Moisa and Gabriel Sandoval at
the law firm of Atkinson, Andelson, Loya, Ruud & Romo to conduct an independent
investigation of allegations that the City previously knew, or should have
known, of criminal conduct by Eric Uller (this investigation remains
outstanding).
- Retained an outside consultant, Praesidium, Inc., a nationally recognized expert in preventing abuse, to review the policies and practices of all City youth programs to provide guidance on best practices for preventing future incidents of abuse.
City
Youth Programs
The
City requires all employees to be
fingerprinted and have State and Federal background checks. PAL volunteers working directly with minors are
also subject to an annual screening that includes a fingerprint check with the
California Department of Justice. In accordance with State law, no employee or volunteer may hold a
position in which they supervise minors if they have been convicted of child
molestation, narcotics offenses, or violent crimes.
After Uller’s arrest, the City retained an
outside consultant, Praesidium, Inc., to review the policies and practices of City youth programs and provide
guidance on best practices for preventing any future incidents of abuse. Praesidium has more
than two decades of experience working with
organizations to mitigate risk of sexual abuse and
regularly works with organizations such as the Boys & Girls Clubs of
America, the YMCA, and the University of California.
Praesidium
reviewed the City’s policies and procedures relating to City youth programs,
visited several of those programs, observed their operations, interviewed staff
members and spoke with youth participants and their families, and inspected
program facilities and locations. Based on their review, in October 2019, Praesidium’s CEO attended a City
Council meeting where he provided an interim report or Praesidium’s
recommendations.
Based
on Praesidium’s their guidance, the City has expanded existing standards to include:
- Creation of a Child Protection Committee, and the position of Child Protection Officer, to oversee implementation of child abuse prevention measures across City programs.
- A new City-wide code of conduct for providing services to youth.
- Updated, standardized screening of volunteers,
including a standard application form, reference checks, and a “Live Scan
Fingerprint” criminal background check.
- Expanded requirements for Child Abuse Mandated Reporter
Training or Child Abuse Identification, Neglect, and Reporting (as
applicable) for all City employees, and volunteers and contractors for any
City-managed youth program.
- Hiring of a new volunteer coordinator to monitor and
oversee the recruitment and training of volunteers and contractors across
City programs.
On March
10, 2020, the Santa Monica City Council adopted a Child Protection Resolution
to affirm the City’s commitment to preventing abuse of any kind.
On
March 22, 2021, the City established Administrative Instruction III-5-12 on
Abuse Prevention (“A.I.”), which outlines the Child Protection Program,
including the structures, roles, and responsibilities of the Child Protection
Committee and the Child Protection Officer. The A.I. includes standards
for City-Managed Youth Program; standards and forms for responding to suspected
abuse, neglect, or inappropriate conduct; and information for parents to
prevent and detect abuse. The City has been working with its youth
programs to provide and post some of these standards and resources for
parents. In addition, the City has established a website with child abuse
prevention resources at the following link:
https://www.santamonica.gov/topic-explainers/child-abuse-prevention
In accordance with the A.I., and under the direction of the Child Protection Officer, the City and Praesidium conducted a comprehensive initial review of all youth programs in the City and established a program inventory in 2022. Praesidium provided initial feedback and established specific next steps for each program.
Legal
Claims
Between November 2018 and the present, 201 individuals have filed lawsuits or claims against the City alleging sexual abuse while participating in PAL between approximately 1987 and 1999. AB 218, which was signed into law by the Governor on October 13, 2019, removed the otherwise applicable statute of limitations and revived certain claims relating to childhood sexual abuse and assault for a period of three years, beginning on January 1, 2020. The deadline to file previously time-barred claim is now December 31, 2022.
To date, the City has settled with 105 individuals for $107.325 million. Pursuant to the settlement agreements, the City paid the settlement funds into qualified settlement funds, and the funds were allocated to the individuals as determined by a retired Superior Court Judge, whom the individuals’ counsel retained as a third-party neutral to perform this allocation. The City is presently working towards resolving the remaining lawsuits and claims.
The
City used liability self-insurance funds as well as general fund savings set
aside from prior years to fund the settlements. Contributions from ACCEL, the
consortium of cities to which the City belongs to cover excess liability, and
additional excess insurers, have covered some but not all the costs of the
settlements. The City has a lawsuit pending
against its excess insurers in an effort to recover additional, paid settlement
funds.
Updated
December 22, 2022