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11-19-1997 Council Minutes SpecialAPPROVED BY THE CITY COUNCIL ON DECEMBER 9, 1997 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A SPECIAL MEETING November 19,1997 The City Council of the City of Orange, California convened on November 19, 1997 at 5:30 P.M. in a Special Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 5: 30 P.M. SESSION 1. OPENING 1. 1 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Coontz 1. 2 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.3 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None 1.4 PROCLAMATIONS - None 2. CONSENT CALENDAR 2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda ofa special meeting of November 19, 1997 at Orange Civic Center, Main Library,Police facility at 1107 North Batavia, the Eisenhower Park Bulletin Board and summarized on Time Warner Communications; all of said locations being in the City of Orange and freely accessible to members of the public at least 24 hours before commencement of said special meeting. ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk.MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Slater Item 2.1 was approved as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR COONTZ - None 4. REPORTS FROM COUNCILMEMBERS - None PAGE 1 I J II 1I If I CITY COUNCIL MINUTES November 19, 1997 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. REPORTS FROM CITY MANAGER - None 7. ADMINISTRATIVE REPORTS - None 8. LEGAL AFFAIRS- None 9. ORAL PRESENTATIONS The following people spoke in favor of reinstating Police Chief John Robertson:Adele Graves ( address on file)Pamela Pratt, 1143 E. Oakmont Carole Walters, 534 N. Shaffer Nick Lall, 6231 E. Mabury Mara Brandman, 7319 Equitation Way Kathy & Brian McCaleb, 2603 Brookside Shannon Tucker, 556 E. Culver George H. Jaramillo, Jaramillo, Hoffinan & Assoc., 1851 E. First St. #1060, Santa Ana, Chief Robertson's Attorney Barbara DeNiro ( address on file)Their concerns were expressed as follows:The City Manager has a potential for conflict of interest in the handling of the investigation of Police Chief Robertson and should be placed on paid Administrative Leave until the investigation is completed. Shannon Tucker representing CLEAN Orange, an organization of Citizens for Leadership,Ethics, Accountability Now, commented she submitted a complaint to the Grand Jury and received confirmation that they are reviewing the complaint today summarized as follows:Asking the Grand Jury investigate the process by which the Orange Chief of Police was placed on leave, the ensuing investigative process, including the obtaining of evidence and to enforce California Government Code 1090 Div. 4 No. 30 by disqualifying the City Manager, Mayor and City Council and any investigative and disciplinary authority in this process.Mr. Jaramillo recommended ifthere is an investigation to be had, Mr. Rudat;s activities be investigated as fully and as openly as Chief Robertson's activities are being investigated. Chief Robertson's Secretary was called in and intimidated by the Acting Chief. If the Chief's Secretary is being investigated and there is concern for her well being then put her on Administrative Leave and don't subject her to anymore.Speaking in favor of the City Manager's decision to place the Police Chief on leave:Robert Bradley, 873 N. Highland Mr. Bradley commented that all sides should hear all the facts before judgments are made.PAGE 2 il lim H II CITY COUNCIL MINUTES November 19, 1997 9. ORAL PRESENTATIONS (Continued) The City Attorney gave the following response to comments made by Mr. Miller, Police Chief Robertson's attorney, at a previous Council meeting. "The City under State Law cannot make comments about personal investigations. However, that gag is relieved to the extent that the person under investigation or the person under investigation representative makes false allegations. Three weeks ago the Police Chiefs Attorney, David Miller, stood at that pulpit and told us that up until the time that the Chief was placed on Administrative Leave, that he was heading a criminal investigation concerning who leaked an affidavit to the Los Angeles Times. Mr. Miller told us, after the Times article, the District Attorney demanded that the City Manager's copy of the affidavit be "immediately retrieved and brought back to the District Attorney's Office." He told us that the Police Chief had been told that, "a political source" had leaked the affidavit. Mr. Miller told us how the Police Chief, again a criminal investigation, which included the running of fingerprint checks in an effort to determine who was responsible for leaking the affidavit and obstructing the investigation. As you know, just as the Police Chiefwas about to find out who leaked the affidavit and bring this culprit to justice, he was placed on Administrative Leave because of Mr. Miller's words, "he got too close just as he was preparing to find out whose fingerprints were on the affidavit." However, the District Attorney and others are telling the City's investigators a very different story. The District Attorney has told our investigators that they told an Orange Police Detective back in mid-July that the leak of the affidavit was not a crime and that they would not prosecute the case. That same Police Detective has told our investigators that he personally communicated the District Attorney's position to the Police Chief in July. Further, the District Attorney has told us that they personally told the Police Chief on October 3rd, that the leak ofthe affidavit was not a crime and they were not interested in prosecution. The District Attorney's Office and the Orange Police Detectives assigned to the case have further said, that the Times article did not hinder the investigation other than perhaps costing a little extra time to ensure that the affidavit was not released to the press. Lastly, the District Attorney's office has told the City' s investigator that they never requested Mr. Rudat's copy of the affidavit be retrieved and brought back to them as stated by Mr. Miller.Mayor and members of the City Council, these facts point to the conclusion that the leak of the affidavit was not a crime. The Police Department was told by the District Attorney's Office on at least two different occasions that no crime had been committed. Yet, the Police Chiefs Attorney has told us that the Police Chief continued to conduct the criminal investigation. I believe that everyone in this chamber recognizes that it is a fundamental right of every citizen not to be subjected to a criminal investigation when there is no crime. Ifthe Police Chief reasonably believed that a crime had been committed, then the investigation may have been appropriate.But at a minimum, the appropriateness is called into question by the statements made by the District Attorney and by the City's own Police Detectives. This is a good example ofthe conflicting versions the City is receiving, not only on this issue, but all the other issues it' s investigating as well. The purpose of the investigation is to try and determine what the facts are.PAGE 3 i' Ii. CITY COUNCIL MINUTES November 19, 1997 9. ORAL PRESENTATIONS (Continued)In fairness to everyone, especially to City Manager, David Rudat and to Police Chief John Robertson, I encourage everyone to await the final results of the investigation which could be completed by this weekend and not to be easily swayed by stories of conspiracy and cover up at City Hall. Please just wait. Thank you."The City Manager commented since the issues of the affidavit continue to be brought forward,the City Manager continued to state they were not released by him. Regarding the Shield Law which protects reporters and confidential sources, the City Manager did not ask for any protection under the Shield Law because he did not leak the document. The L. A. Times reporter Lesley Wright was invited to speak and tell the audience that the City Manager did not leak the document to her or Mike Wagner.Councilman Spurgeon waived his rights under the Shield Law for the record.Mayor Coontz commented this is a personnel issue and the Council has been following procedure and is trying to seek the truth. The Grand Jury's investigation is welcomed if the District Attorney feels it should proceed. Mayor Coontz also waived her rights under the Shield Law. Councilman Murphy waived his rights under the Shield Law and indicated when this is over he will be requesting that whatever was found on the affidavit, the results need to be put on the table so everyone can see whose prints are on it.Councilman Alvarez felt the community and Council should know who has custody ofthe affidavit and whose prints are on it. Before any decision is made regarding the Chief these results need to be made public.Mayor pro tern Slater indicated he had not seen the affidavit. It is important to know whose prints are on it, although it has been explained no one will ever know. Also, it is important to know whose prints were investigated.10. RECESS The City Council recessed at 6:15 p.m. to a Closed Session for the following purpose:Public employee discipline, release and dismissal pursuant to Government Code Section 54957.I I II I .1111 . I PAGE 4 CITY COUNCIL MINUTES 11. ADJOURNMENT MOTION SECOND AYES Mayor Coontz Murphy Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The City Council adjourned at 10:20 p.m.UtMl~ {lp~Acd CASSANDRA ATHCART, CMC CITY CLERK I 1illlll II November 19, 1997 JOANNE COONTZ MAYOR PAGE 5