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Binkley Files Claim Charging Conspiracy Led to His Firing : Government: Former police chief names 21 high-ranking officials in filing. Those named say the allegations are unfounded.

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TIMES STAFF WRITER

Former Long Beach Police Chief Lawrence L. Binkley has filed a claim against the city’s highest-ranking elected and appointed officials, saying they engaged in a conspiracy to wrongfully fire him.

Binkley and his wife, Karen, jointly filed a claim against Mayor Ernie Kell, eight of the nine councilmen, City Manager James C. Hankla, new Police Chief William C. Ellis, Long Beach Police Officers Assn. President Paul Chastain and nine other city and police officials, with an option to add up to 100 other names.

Binkley, whose five years with the department were marked by controversy, was fired in January by Hankla.

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The Binkleys are seeking an unspecified amount, although it could be at least $1 million, their attorney Barry Levin said. Binkley filed the claim in an attempt to clear himself of accusations that have tainted his career in law enforcement, Levin said.

“What he wants back is his self-esteem, his reputation,” Levin said. “The way they did it . . . it destroyed him not only emotionally, but professionally. Who’s going to hire him now?”

The claim states that officials “intentionally and negligently” inflicted emotional distress on both Binkley and his wife.

In the claim, Binkley says he was fired in retaliation for doing his job, which included conducting controversial investigations of public officials and imposing discipline on certain officers.

In addition, Binkley said he was denied his civil rights, including his rights of due process and free speech. Binkley also accused city officials of making statements that “were defamatory and slanderous and were untrue.”

The claim, filed in City Hall on Friday, is the latest in a series of administrative and legal maneuvers between Binkley and city officials.

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The claim is a precursor to filing a lawsuit against the city and the 21 named defendants. They include Police Cmdrs. John Bretza and Alvin Van Otterloo, whose complaints about the chief prompted the city manager to investigate and later fire Binkley. The commanders’ complaints revolved around Binkley’s alleged strong-arm style of management.

But Binkley said he was treated unfairly from the onset of the investigation.

In a separate lawsuit that Binkley has filed against the city, a Los Angeles Superior Court judge agreed last month that officials violated Binkley’s procedural rights and ordered them to give the fired chief a new appeal hearing. The city is appealing that decision.

The latest claim was expected by city and police officials, but the scope of it took some by surprise.

“It’s obvious he’s just throwing everybody he’s had a problem with in the past into this lawsuit. I had nothing to do with his termination and he knows that,” said Chastain, the police union president. “I’m surprised I’m named.”

Bretza, one of the police commanders named in the claim, said: “We were expecting the suit. When we get to court, the evidence will speak for itself.”

Assistant City Atty. Robert E. Shannon, also named in the claim, denied Binkley’s allegations. “He was not terminated for political reasons,” Shannon said.

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City officials accused of conspiring to fire Binkley denied the allegations and criticized the claim as overly broad and lacking in specific examples.

“I looked at this thing and it’s hard to understand what I did,” said Ellis, who was named police chief after Binkley was fired. As for the allegation that he and others made defamatory comments about Binkley, Ellis said, “I don’t think I’ve commented to anyone since this thing went down.”

Councilman Thomas Clark agreed. “I don’t know what (defamatory) remarks he’s talking about.” Clark said that the city manager and city attorneys were careful to ensure that Binkley’s rights were protected.

Clark was named in the claim along with every other councilman except Wallace Edgerton, the only member of the City Council to praise Binkley while he was under attack by others in his final month of office. Levin, however, said that the absence of Edgerton’s name on the claim “could have been an oversight.”

Other individuals named in the claim are Assistant City Manager John F. Shirey, Deputy City Manager Joseph T. Rouzan Jr., City Atty. John R. Calhoun, City Prosecutor John VanderLans, Police Cmdr. Kim Shelley and personnel director William Storey.

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