City Worker Focus of Corruption Probe : Pomona: Officials link an unnamed employee to a business that received a license although it did not meet city codes.

A city employee has been identified as the subject of a criminal investigation into a controversial awarding of a business license, Pomona officials said in sworn declarations.

The declarations by City Administrator Julio Fuentes and acting Police Chief Jack Blair were filed Friday in response to a lawsuit in which four Pomona firefighters contend that police investigating the business license award conducted “hostile and unprofessional” interviews with them in a marathon session that lasted until 1:30 a.m.

Fuentes and Blair would not name the employee under investigation, and Fuentes said none of the four firemen who complained of mistreatment is a target of the investigation.

They denied that police officials used “Gestapo” tactics in conducting the investigation, which Fuentes ordered to find out how the Bedrock Auto Body and Paint Shop on Holt Avenue acquired a business license without meeting city code requirements.

The firefighters were questioned because they had previously inspected the premises for compliance with fire regulations. Employees of the Building Department also were questioned by the police. Both departments’ approvals are needed before a business can obtain a license.

The suit, filed Friday by the Pomona Fireman’s Assn., seeks an order from Los Angeles Superior Court establishing guidelines for future interrogation of firefighters. It names the Police Department, mayor, city administrator and acting police chief. A court hearing on the suit is scheduled May 22.

Fuentes said police investigators have completed their interviews and are compiling information for submission to the district attorney’s office to determine whether criminal charges should be filed. If there are no criminal charges, Fuentes said, he will open a second inquiry to determine if administrative action is warranted.

The business came under investigation after a building inspector informed Fuentes that the business would very likely be given a license without meeting Building or Fire code requirements. The license was granted and Fuentes ordered the investigation.

The suit accuses police of violating the rights of Fire Marshal Lyn LaRochelle, Capt. Bruce Lacey and inspectors Ron Gomez and Constantine Alvarez, all veterans of more than 15 years with the Fire Department. The suit says that the men were held after their shift on March 23 for three hours, then interrogated individually from 5 p.m. until 1:30 the next morning. Although they were interviewed separately, none was allowed to leave until all the interviews were concluded.

Blair, a longtime Pomona police captain who is serving temporarily as police chief, said he is confident that police have conducted the inquiry properly. The firemen were questioned by Lt. Chuck Heilman, who heads the detective bureau, and Lt. James Harding, who is in charge of internal investigations and is well-versed in employee rights, Blair said.

The acting chief said questioning of the fireman started late on March 23 because the Fire Department had spent the afternoon dealing with a diesel fuel spill on a freeway off-ramp. He said that it is standard procedure in a criminal investigation to keep witnesses on hand until all can be interviewed so that they do not have time to compare notes.

Fire Capt. Ron Bozarth, spokesman for the association, said the association has asked the Police Department to release the tape recordings and other “non-confidential” documents related to the investigation. The suit cites a state law, known as the Public Safety Officers Procedural Bill of Rights, which establishes guidelines for interrogating employees during investigations that can lead to dismissal, demotion or other disciplinary action.

City Atty. Arnold M. Glasman said the Police Department rejected the request because its investigation could involve criminal matters, not just demotions or other discipline. He said criminal investigations are confidential and outside the scope of the public safety officers bill of rights.

In its investigation of the Bedrock license, the Police Department has interviewed a number of other Fire and Building department employees, including Fire Chief Tom Fee, but they have not joined in the complaint of mistreatment by police. Five firefighters were interrogated until 1:30 a.m. on March 23, but one of them has refused to join the suit.

Alan Davis, owner of the property occupied by the Bedrock Auto Body and Paint Shop, says he sought Fee’s help when his tenant, Deborah Guzman, had trouble obtaining a business license. Fee says he did nothing improper, and city officials have said that Fee is not a target of the investigation.

Meanwhile, Glasman disclosed Tuesday that another criminal investigation--into city redevelopment and community development projects--is drawing to a close. The investigation, begun last year while Fee was acting city administrator, has been conducted by a Fire Department employee and a private investigation company, Saranow, Wells and Emirhanian, according to Glasman.

Glasman said the private company was hired because of its expertise in “white-collar crime.” The investigation, which has focused on contracts awarded through the redevelopment agency, should be completed in about two weeks, Glasman said.

The district attorney’s office is continuing to study other allegations of corruption in Pomona government.

BACKGROUND

Pomona City Administrator Julio Fuentes in February ordered the Police Department to investigate the issuance of a business license to the Bedrock Auto Body and Paint Shop after he discovered it had failed to pass inspection but was licensed anyway. The owner of the shop, which remains open, denies wrongdoing. The police investigation has focused on the Building and Fire departments, which conducted the inspections. Three City Council members have criticized the investigation, saying it is motivated by police animosity toward Fire Chief Tom Fee, who as city administrator last year carried out a council decision to fire the police chief. The city asked the Sheriff’s Department to take over the body shop investigation in March, but the Sheriff’s Department declined.