Fire Chief’s Privacy Invaded, Lawyer Says : Hearing: Attorney for suspended D’Wayne Scott accuses Westminster of spreading gossip.

An attorney for Fire Chief D’Wayne Scott, who refused to send firefighters to the Los Angeles riots, argued Monday that the city violated Scott’s confidentiality by hiring a private law firm to investigate him and passing gossip to the law firm about alleged incidents of alcohol abuse.

Richard J. Silber, Scott’s lawyer, made the argument during his questioning of City Manager Jerry Kenny, who testified that he never thought that hiring the law firm and relaying information to those attorneys violated Scott’s privacy rights.

Taken in the Westminster Council Chambers by the city’s personnel board, Kenny’s testimony was part of a lengthy civil service hearing into whether Scott was treated fairly when he was suspended for his refusal to take a psychological test.

The exam was ordered to determine if alcohol abuse had marred Scott’s overall job performance, according to the city’s opening statement in the hearing, which began Aug. 12.

Scott says he simply refused to sign a psychologist’s form that called upon him to waive the doctor-patient right of confidentiality. As a result, the psychologist did not conduct the exam.

The city’s legal representative, Linda Jenson, has previously said that Scott’s behavior April 29, when he refused to send city firefighters to help in the Los Angeles riots, contributed to questions about his judgment.

Scott has argued that he refused to send firefighters to the Los Angeles riots because of his belief that that there was inadequate police protection for them there.

Kenny testified on Monday that he relayed to Jenson allegations of alcohol abuse that he received from two firefighters.

One involved a New Year’s eve fire in Fountain Valley, after which Scott, allegedly in a slurred voice over the department radio network, praised the firefighters’ work as a “yeoman’s job.”

Asked if the subsequent investigation by Jenson’s law firm was supposed to remain confidential, Kenny said: “It would be confidential. . . . Anything I relayed would be kept between (Kenny and the attorneys).”

And when Silber asked Kenny if it wasn’t a violation of the city’s personnel code to even begin such an investigation without Scott being called in and questioned first, Kenny replied: “I didn’t feel it was a problem.” Kenny said it is common for the city to hire outside counsel, but he said he wasn’t sure if previous circumstances were similar to Scott’s.

Jenson argued that Silber’s questions were irrelevant because the investigation conducted by her firm was authorized by the city as part of city business.

The hearing is scheduled to resume at 3 p.m. Sept. 8, when Scott may testify.