‘Rule of Mob’ Is Blamed in Dismissal of Police Chief

A no-confidence vote by police officers that led to the firing of San Clemente Police Chief Kelson McDaniel demonstrates what can happen “when rule of the mob takes over,” his attorney charged Monday in the first day of a public hearing on the controversial discharge.

City Manager James B. Hendrickson “succumbed and capitulated” to the officers when he asked McDaniel to resign without giving him proper written notice or providing him with specific reasons, Fred T. Ashley told retired state appellate Judge Robert E. Rickles, who is presiding at the hearing.

However, David C. Larsen, the attorney representing San Clemente, said in his opening statement that when McDaniel took over as police chief in October, 1985, he was quoted as saying: “I have emblazoned on the back of my eyeballs, ‘Go slow.’ ” He proceeded to ignore his own advice, Larsen said, and soon made changes that would lead to his ouster.

Hendrickson asked McDaniel, 50, to resign on May 28 after the 50-member police force gave the chief a vote of no confidence, complaining that his style was overly punitive and that he disrupted their personal lives by requiring that they change shifts every 28 days.

McDaniel Files Claim

Ashley called for the public hearing, which is being held in San Clemente City Council chambers and is scheduled to continue through Thursday. Since the hearing was scheduled, McDaniel has also filed a claim for more than $4.35 million against the city, accusing city administrators, City Council members and police officers of engaging in a “conspiracy” to cause him emotional distress and force him to resign after 18 months as chief.

After Monday’s session, McDaniel said he was satisfied with the process.

“It’s been a long time coming,” he said. “This (the hearing) will require specifics from people who have witnessed against me in the past.”

Hearing officer Rickles said at the outset that the hearing’s purpose was to “delve into the circumstances surrounding the dismissal.” He assured McDaniel that he will receive what his attorney has requested--a fair chance to have his side heard in a public forum.

Hendrickson has stated that it is not the city’s intention to reinstate McDaniel, regardless of the outcome of the hearing.

However, McDaniel said after Monday’s testimony, “If I can’t get a decision (for reinstatement), I hope this (hearing) shows I’ve done nothing wrong and that I’ve been a good and professional police chief.”

Larsen, the city’s attorney, contended in his opening statement that the officers were intimidated by McDaniel. He said they also were afraid to bring any of their complaints to the city manager because they knew that he and the chief were golf partners.

“The officers’ perception was they couldn’t go to the city manager because it might get back to McDaniel and accentuate their problems,” Larsen said. “Their perceptions, right or wrong, are clearly felt.”

But Ashley said McDaniel was never given a chance to address the officers’ charges that he imposed ticket quotas and encouraged the use of “Personnel Incident Reports,” in which officers were criticized for their work performance.

“He was a man of his word,” Ashley said. “He sought additional staffing and higher salaries.”

The first witness was Detective Russ Moore, president of the San Clemente Peace Officers Assn. since January.

Larsen asked Moore why, if officers were so intimidated by McDaniel, they didn’t bring their complaints to the city manager.

“It was the feeling of the board of directors that Mr. Hendrickson was too close to Mr. McDaniel to be able to listen to what we had to say, and it would probably be a waste of time to talk to him,” Moore testified.

Hendrickson often talked about golfing with McDaniel, Moore said.

Ashley asked Moore if he was aware of McDaniel’s open-door policy. Moore said that as president of the officers’ association, he believed that he could take advantage of the policy.

“And you would have felt the same (if you were) a rank-and-file employee?” Ashley asked.

“No sir,” Moore replied.

Why didn’t officers go to their immediate supervisors, Ashley asked Moore.

“The officers did not believe they could get any help within the department for fear the chief would retaliate against them,” Moore testified. When Ashley asked Moore if he knew of any officers McDaniel had retaliated against, he said he didn’t.

Detective Neil Murray also testified Monday.

When Ashley asked Murray if he was aware of any examples of the chief retaliating against officers, he replied that he knew at least two officers who approached McDaniel with problems. One is no longer on the force, and the other said he had received a negative evaluation as a result, Murray testified.