Hearing Delayed in Appeal by Fired Newport Female Officer

The city’s civil service commission on Monday delayed hearing the appeal of a fired female police officer, to determine whether broader allegations of sexual discrimination at the Police Department should be addressed in her case.

When confusion arose over what issues the commission should consider, the five-member panel, which handles employment disputes for city employees, postponed the case of Rochell Maier, one of four women pursuing a separate sexual harassment lawsuit against the police force.

The department fired Maier in July, saying she did not successfully complete her yearlong probation period, a tryout required of all officers at the department before they become permanent employees.

Maier, 31, contends that her superiors extended her probation period illegally, after she took a leave to attend to her dying father, and then fired her several months after she completed the tryout.

She alleges that in contrast to her experience, a male probationary officer was granted a leave of absence without having his probation period changed. Similarly, she says she was harassed at work because she took time off to fulfill her obligations as a reserve U.S. Army captain, while a male reservist on the force was never bothered.

Steve Pingel, an attorney for Maier, said Monday’s postponement was “a small victory” because it could clear the way to hearing allegations that the department discriminated against Maier because she was female.

John Lewis, another attorney for Maier, said the civil service commission had indicated earlier in the case that it would only address the question of whether Maier was a probationary employee at the time she was fired. The city contends that she was, and that she was therefore fired properly.

The board delayed the appeal after one of Maier’s attorneys presented a memorandum outlining issues they wanted to address at the hearing to determine whether the board had authority to hear Maier’s case. Among them was sexual discrimination.

Newport Beach City Atty. Robert Burnham objected to the memorandum because it was filed late and because it was his understanding that the board was only going to consider whether Maier was a probationary employee.

Her employment status is important in the case because it could determine whether Maier has certain civil service protections, including the right to appeal her firing to the commission. Generally, probationary employees don’t have full protections.

The commission ordered both sides to outline their arguments and file them with the commission. Panel members also decided to set up talks between the commission’s attorney and lawyers for both sides to determine what issues will be argued in Maier’s case.

During the Monday night hearing, a small contingent of demonstrators from a Newport Beach chapter of the National Organization for Women held a demonstration on the steps of City Hall, where the commission meets.

“We’re here to speak out against sexual harassment. The four women police officers have not received any justice” and “we’re here to show support to these courageous women,” said Lisa McClanahan, the coordinator of Bayview NOW.

McClanahan was referring to a sexual harassment suit filed Sept. 24 against the Police Department by Maier and three other current and former employees. They contend that they were repeatedly harassed by Capt. Anthony Villa, and that Chief Arb Campbell knew about the behavior and did nothing.

The other women in the case are communications supervisor Mary Jane Ruetz, 43; records supervisor Margaret McInnis, 39; and Officer Cheryl Vlacilek, 28. Ruetz and McInnis have taken disability leaves amid the controversy. All attended the civil service commission meeting.

Times staff correspondent Mimi Ko contributed to this story.