Pomona Votes to Withhold Probe’s Results : Government: The mayor says a private detective’s report on possible wrongdoing in the city Redevelopment Agency could expose the city to lawsuits. Two council members disagree.

A private detective hired by the city at a cost of $36,000 to investigate possible wrongdoing in the city Redevelopment Agency has turned in his report, but city officials are refusing to release it.

Mayor Donna Smith says the findings of investigator Howard Emirhanian, of the Laguna Hills firm Saranow, Wells & Emirhanian, could expose the city to lawsuits.

“It would be very unwise to release it,” she said.

But City Councilman Tomas Ursua, who is running against Smith for mayor in the March 5 election, says the only thing the report will expose is sloppy doings in the Redevelopment Agency.

“People get paranoid that if the public finds out that funds are being spent sloppily, people will get turned out of office,” he said, suggesting that Smith was trying to keep the lid on the report for political reasons.

Ursua and Councilwoman Nell Soto said they favor releasing the detective’s report, but were outvoted 3 to 2 in a council session closed to the public.

City Atty. Arnold Glasman said council members can blame the secrecy on him. “I’m the bad guy in this situation, and my clients are just following their attorney’s advice,” he said.

Glasman said the report is exempt from release under California public records laws because it is part of an ongoing investigation and deals with personnel matters. “It’s beyond a progress report, but it’s not in final form,” he said.

However, the report was deemed complete enough to turn over to the Los Angeles County Grand Jury for use in a management audit of the city Redevelopment Agency and the Community Development Department, city officials said.

Glasman said the fact that the grand jury has been invited to look at the matter does not suggest criminal wrongdoing. “Traditionally, when you hear grand jury, you think of indictments and things of a criminal nature, but that’s not what this process is about,” he said.

City Administrator Julio Fuentes said the city wants the grand jury to look at the practices, policies and procedures of the departments under scrutiny.

Glasman said the goal is to determine what mistakes have been made in the past and avert them in the future. “The council has expressed the desire to see that the highest level of integrity is maintained by Pomona government,” he said.

A grand jury spokesman declined to comment on whether the jury had received the report or would conduct a management audit in Pomona.

The City Council in January, 1990, hired Saranow, Wells & Emirhanian at fees ranging from $75 to $100 per hour. The contract specified that the firm would “review all documents, investigate, research and generate a report . . . relative to (the) city and Redevelopment Agency contract bid process, specifically but not limited to Land Design contract awards.”

Land Design was a major city contractor on landscaping projects until a new majority emerged on the council in 1989, fired the city administrator and forced other key employees to quit. D. Rodney Tapp, owner of Land Design, said the city refused to hire him for new projects and stopped paying him for work he had already done after he criticized the council for firing A.J. Wilson as administrator.

Then-Councilman C.L. (Clay) Bryant repeatedly accused Tapp of benefiting from “sweetheart deals” granted by former city officials. The city withheld payment on more than $25,000 worth of work by Land Design until Bryant was recalled from office last June.

Tapp said the results of the detective agency’s investigation should be disclosed in full. “I’m very upset that they have not released the report,” he said.

Investigator Emirhanian refused to discuss his findings.

Ursua, who has seen the report, would say only that it “contains no smoking guns.”

Smith agreed. “The report does not show any intentional wrongdoing on anyone’s part,” she said.