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01-06-1998 Council Minutes SpecialAPPROVED BY THE CITY COUNCIL ON JANUARY 27, 1998 CITY COUNCIL MINUTES OF A SPECIAL MEETING ORANGE, CALIFORNIA January 6, 1998 The City Council of the City of Orange, California convened on January 6, 1998 at 5:00 P.M. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 5:00 P.M. SESSION 1. OPENING 1.1 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tern Slater 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 of the special meeting of January 6, 1998 at Orange Civic Center, Taft Branch Library at 740 E. Taft Avenue, Police facility at 1107 North Batavia, 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 - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item 2.1 was approved as recommended. END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR COONTZ - None 4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None PAGE 1 r f: "Ii CITY COUNCIL MINUTES January 6, 1998 6. REPORTS FROM CITY MANAGER - None 7. ADMINISTRATIVE REPORTS - None 8. LEGAL AFFAIRS - None 9. ORAL PRESENTATIONS Mayor Coontz gave the following statement for the record:The purpose of tonight's closed session is to hear a report from the City Manager concerning a personnel matter and a report from the Personnel Director concerning upcoming labor negotiations with various City bargaining units. The City has a legal responsibility to conduct an investigation of the charges which have been made. It has a legal responsibility to conduct the investigation in a private manner and is not currently in a position to provide details of any personnel investigation and will not do so tonight. To do otherwise would jeopardize the integrity of the investigation and be unfair to the employee involved. The City will not be reporting on any action from tonight's Closed Session. If there are questions about this, the City Attorney can speak to this later."The following people spoke in favor of Police Chief Robertson returning to his position as Police Chief:Carole Walters, 534 N. Shaffer St., indicated the last time she spoke in support of Chief Robertson, the next day someone tampered with her car. Ms. Walters requested through the Mayor to direct the following question to the City Attorney: Mayor Coontz should not vote on any decision on Chief Robertson because Jim Blair was going to help Chief Robertson financially and Mayor Coontz went to his wife to stop this support. As City Attorney, if Council does anything wrong and you are aware of it, your license can be taken away.Mayor Coontz denied the allegation.The City Attorney commented this contention was heard before and is based upon hearsay presentation, and would not make a decision that the Mayor has exhibited any bias which would not give her the opportunity to render a decision in this matter. At this time the Mayor is not being asked to make a decision.Ms. Walters further commented the City Manager should not make any decisions because he still has a conflict of interest with the District Attorney that has not been cleared yet. This whole issue is about the trash investigation. If a choice were to be made between Chief Robertson and the City Manager, Ms. Walters would chose Chief Robertson.Kathy and Brian McCaleb, 2603 Brookside, commented on an L.A. Times article which reported that serious crime in Orange County had dropped, and it reflects credit on the hard work of the men and women of OPD. What distinguished Orange and the other big winners from the rest of the County was the best performers had Community Oriented Policing Programs PAGE 2 r CITY COUNCIL MINUTES January 6, 1998 9. ORAL PRESENTATIONS (Continued) in place during that year. These programs get results which citizens want even if some change resistant policemen don't. Community oriented policing is here to stay. Tom Landig, 8017 E. Eucalyptus Trail, commented he had worked on past campaigns to get rid of the old boy network. Nick Lall, 6231 Mabury Ave., commented relieving the Police Chief in the middle of the trash investigation was an unusual action. The City has not done this before with any work place complaint. Everyone involved in the trash issue has either gotten money or not gotten money from the Hambarians. Ifit is Council's decision to dismiss Chief Robertson, and there are good compelling reasons that benefit the entire community, then this information should be brought before the public because the appearances are wrong throughout the investigation. If the City Manager cannot work with Chief Robertson, then he would rather see John Robertson as Police Chief and the City search for another City Manager. Deborah Hoffman, Jaramillo, Hoffman & Associates, 1851 E. First St. #1060, Santa Ana, attorneys for Chief Robertson, remarked that Police Chief Richards had advised police personnel that Chief Robertson will be terminated tonight. Police Captain Hernandez has also told Police Personnel that Chief Robertson will be cleaning out his desk tomorrow morning. If the right decision is made by Council, the City will be healed. Ms. Hoffman seconded the comments made by Carole Walters concerning Mr. Blair and the funding of Mr. Robertson's defense. If the Chief is terminated tonight there will be no basis and no evidence has been produced. The person making the report to the Council regarding Chief Robertson is at the heart ofthis controversy. The City Attorney commented he found it puzzling that the Chiefs attorneys would make statements of termination. He has apprised these attorney from the beginning that they would receive all evidence utilized for any proposed discipline. They are fully aware of the administrative process whereby the Chief can respond to any allegations and tonight's meeting is not about a final action of discipline. The Attorneys and the Chiefwill receive copies of the report. No final action will be taken tonight. Adele Graves, address on file, commented that Lou Walsh had spoken to Ms. Graves saying he was going to get Chief Robertson and get him good. Lou Walsh has been with the Police Department for over twenty-five years and knows where the bodies are buried. He has intelligence files on Council and the City Manager, and someone has a lot to lose. Mr. Walsh is a strong financial supporter of certain Councilmembers. Ms. Graves began to discuss an oral board. The City Attorney interrupted indicating if someone related what had happened on an oral board, it is a violation of the privacy rights of the employee, and instructed this matter not be heard in this forum. Ms. Graves conceded to not discuss this issue.Ms. Graves continued in her opinion, the only one expendable at this time is the City Manager who has a conflict of interest on the trash investigation and should recuse himself. Ms. Graves PAGE 3 CITY COUNCIL MINUTES January 6, 1998 9. ORAL PRESENTATIONS (Continued) would chose Chief Robertson over the City Manager. If the Council decides to fire John Robertson for reasons other than the community benefit, be prepared for an immediate recall. Robb Morris, address on file, commented on the leaking of the affidavit, the District Attorney's Office made the statement that they did not tell the Councilor anyone else that it was not a crime. There were two possible crimes with the leaking of that affidavit: 1) probably contempt of court if a sealed affidavit were to be leaked and 2) possible reason why it might have been leaked. The Bonneville case is coming up this month and if 10% of what is in that affidavit is true, the City is in for a heavy downfall of money. Mr. Morris asked why there was so much action going on between the Acting Chief and a Captain supposed to be involved in an investigation when both were sitting drunk when Officer Wade was shot. The City Attorney indicated it was not appropriate to accuse people of being drunk. Mayor Coontz commented personal accusations are not acceptable at the podium. Mara Brandman, 7319 Equitation Way, expressed concern that the City Manager did not recuse himself on this issue. Ms. Brandman reviewed Chief Robertson's achievements and contributions to the City. The Chief implemented the Community Policing Program resulting in the largest crime drop for any Orange County city by 50%. Orange is now the second safest large city in Orange County, sixth safest in the State and eighth in the nation. Shannon Tucker, 556 E. Culver, expressed concerns regarding the Closed Session, and commented that if the Chief is terminated especially during the trash investigation where some of the Council are implicated Ms. Tucker will take action. Janine Ingram, Executive Director of the YWCA, 146 N. Grand, expressed concern over the current status of the Police Department and Council's decision regarding what role the Police Department will play in the City. Police employees have every right to volunteer and give to charity. Ms. Ingram spoke for Jennifer Rynes, Chief Executive Officer of the YMCA, who has valued the support and commitment of volunteers from the Police Department. Pam Pratt, 1143 E. Oakmont, wrote a letter on December 9th to the District Attorney regarding the leaking of the affidavit not being a crime which was based on comments made by the City Attorney. A letter was received from Jan Nolan which indicated based on the evidence she had there is no evidence to suggest when the affidavit was leaked. It could have been leaked by the court. Absent any evidence in this regard, there is no violation of Penal Code Section 148 or 168 no matter who leaked it. Ms. Pratt asked the following questions: 1) Does that mean a Police Officer would have the authority to continue to look at the set of circumstances to see if there is any evidence to suggest otherwise? No response from the District Attorney's Office. 2) Does a PAGE 4 III l r CITY COUNCIL MINUTES January 6, 1998 9. ORAL PRESENTATIONS (Continued) Police Officer have the authority to investigate a set of facts which he believes may lead him to the discovery that a crime has been committed? In Orange County, what role does the District Attorney's Office play in the determination of when a Police Officer has to stop looking for evidence regarding a crime surrounding a set of facts. George Jaramillo, Jaramillo, Hoffman & Associates, 1851 E. First Street, #1060, Santa Ana, CA 92705, commented on people speaking out and when there is a chance for rebuttal, they are shut down because they are not at a microphone. We cannot live with a gargantuan unbridled lack for people's rights in the constitution. If Chief Robertson did something worthy of termination then it would have come out. Speaking in a neutral position: Bob Bennyhoff, 10642 Morada Dr., remarked he has been silent in this case because he did not know a lot of details, but now knows a great many details. The case deals with certain specific acts and the hostile work place is a tough act. It protects the accused and accuser. When this is over, some ofthese statements made here will be silly. There is hysteria and Mr. Bennyhoffhas learned not to get too excited until he learns what the evidence is. Point of Order requested by Carole Walters. Mayor Coontz allowed Ms. Walters to speak: Ms. Walters commented she was scared because the Police Officer that she filed a formal complaint on is sitting in the audience. A letter from Acting Police Chief Richards indicated a Police Officer can do anything to them they want when they are off duty. Ms. Walters wanted to make sure the Police Officer stays away from her and asked for protection. A letter will be sent with everything that has happened to Ms. Walters to a judge. Mayor Coontz commented a lot of accusations were heard, but it is the responsibility of the Council to be honorable and do the job they promised when they took the Oath of Office. The City Attorney remarked there is an administrative process which has to be followed. There will be no action tonight. If discipline is proposed there is an administrative process. Until the process is complete, there will not be any statement to make. If no discipline is proposed, the action terminates and the Chief returns. If discipline is proposed, the Chief will be provided a notice of what the allegations are and all documents that were relied upon by the decision maker in giving that notice. The Chiefwill get an opportunity to respond via another meeting before the decision maker, and only after that opportunity to respond and after reviewing all the documentation and being advised by Counsel will a final decision be made. Council will only get involved in the decision if the recommendation is dismissal. Council's approval is not required by the City's ordinance unless that is the recommended decision. PAGE 5 lllTlfI CITY COUNCIL MINUTES January 6, 1998 9. ORAL PRESENTATIONS (Continued) Regarding the dissemination of information to the public: 1) If there is a recommendation for discipline and 2) Everyone has to remember the right to privacy with this information lies with the employee, not with the employer. The employer cannot abrotate unilaterally the employee's right to privacy. How much the public ever knows about this matter is largely up to the employee and not the employer. 10. RECESS The City Council recessed at 6:00 p.m. to a Closed Session for the following purposes: Public employee discipline, release and dismissal pursuant to Government Code Section 54957. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 City Negotiator: Personnel Director Employee Organization: Police Association, Police Management, Orange City Firefighters, Fire Management 11. ADJOURNMENT MOTION SECOND AYES Murphy Spurgeon Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The City Council adjourned at 10:00 p.m.W-~CASSANDRA J. ATHCART, CMC CITY CLERK JOANNE COONTZ MAYOR PAGE 6 r~ i Ii