San Clemente : Ex-Chief Rejects City’s Proposal for Hearing

Saying his client would not participate in “a charade of justice,” Fred Ashley, the attorney for former San Clemente Police Chief Kelson McDaniel, on Friday rejected the city’s proposal for a July 21 hearing on McDaniel’s dismissal.

Earlier Friday, San Clemente City Manager James B. Hendrickson announced a hearing date for McDaniel and said retired Appellate Judge Robert E. Rickles would be the hearing officer.

But Ashley said neither he nor McDaniel was consulted about the date or the arbitrator.

Further, Ashley said, there was no point in holding a hearing as long as the city refused to be bound by the arbitrator’s findings, including the possible reinstatement of McDaniel.

“If they will not permit me to play a role in the formulation of procedures to ensure the fairness of the hearing, if they do not agree to follow the decision of the arbitrator, then no, we will not participate in a charade of justice,” Ashley said.

Hendrickson said Friday that Rickles would submit a written report to the city following the hearing, which would be open or closed at McDaniel’s request. But Hendrickson has repeatedly said he does not intend to reinstate the former police chief.

McDaniel, San Clemente’s police chief for 18 months, was asked to resign on May 28 after police officers complained of his punitive management style and voted “no confidence” in him.

McDaniel had requested a public hearing on the reasons for his dismissal, and Ashley said the former police chief would still like such a hearing--as long as the arbitrator’s decision is binding.