SAN CLEMENTE : Defamation Suit by Ex-Chief Dismissed

A $1-million defamation lawsuit by former Police Chief Kelson McDaniel against several city officials and policemen has been dismissed.

Superior Court Commissioner Ronald Bauer ruled that attorneys for McDaniel failed to prove that the former chief was libeled by criticism made by four police officers who spoke before the City Council.

McDaniel resigned under pressure from City Hall in 1987 after 90% of the 50-member San Clemente Peace Officers Assn. cast votes of no-confidence against him, complaining that he had a punitive and non-communicative management style.

In his suit alleging defamation, emotional stress and invasion of privacy, McDaniel claimed that the City Council should not have allowed the four officers to criticize him publicly.

The suit named the city of San Clemente, Councilwoman Holly Veale, then-City Manager James Hendrickson and Officers Russ Moore, Rick Rivadeneyra, Tom Haight and Neil Murray.

Trial had been scheduled to begin in Superior Court on March 26.

“Obviously, I’m disappointed in the judge’s decision,” said McDaniel, who is interim police chief in Pomona. He declined to comment further on the ruling.

McDaniel said he will review the case with his attorney, Fred Ashley of Laguna Niguel, before deciding whether to appeal.

Representing the city, David Larsen of Costa Mesa-based Rutan and Tucker, said the ruling helped preserve First Amendment rights guaranteeing free speech.

“I think it would be a sorry day when a First Amendment protest made in public results in this kind of liability,” he said.

Veale said she is relieved that the case didn’t go to trial.

“I feel vindicated,” she said. “The City Council is in a position where we have to look on police officers as part of our constituency.”

McDaniel, 52, is one of several candidates for police chief in Pomona.

He said that his setback in court would not affect his chances of winning the Pomona job.

“They knew all about this situation before they hired me,” he said. “I don’t think it will make a difference.”

A law enforcement veteran of 26 years, McDaniel was a police officer in Newport Beach for 17 years. Besides his 18 months as the top law enforcement official in San Clemente, he served as police chief in Los Alamitos for six years.