Newport Chief, Aide Sue City for ‘Witch Hunt’

Embattled Newport Beach Police Chief Arb Campbell and Capt. Anthony Villa, accused by employees of rape and sexual harassment, filed a federal lawsuit against the city of Newport Beach on Thursday, saying their civil rights have been violated in a continuing “witch hunt.”

Campbell and Villa claim the city’s weeks-long investigation, in which nearly 150 employees are being interviewed, is biased and that some of those questioned have been threatened. It also alleges that City Manager Kevin J. Murphy violated their rights as police officers by improperly removing them from duty when he placed them on paid leave last month.

“They would like in some way for the whole process to be through. . . . It’s not easy for them,” said Jeff Epstein, the attorney representing Campbell and Villa in the federal court action. “They supported a grand jury investigation and letting the chips fall where they may.”

Murphy declined to discuss the charges outlined in the suit, but said generally that “the lawsuit lacks merit. None of the allegations are true.”

The controversy surrounding the Newport Beach Police Department erupted Sept. 24, when four women employees filed suit in Orange County Superior Court, contending they were sexually harassed by Villa. They alleged that Campbell’s department had become “a hotbed of sexually offensive conduct” and that Campbell effectively “condoned” the behavior.

A fifth woman, who joined the lawsuit Oct. 15, contends she was raped by both men at a department party 11 years ago at a deserted landfill.

Through another attorney, Bruce Praet, Campbell and Villa have denied the sexual harassment and rape allegations, calling them the “frivolous” charges of disgruntled employees who had been properly disciplined or fired.

Although he said he was not passing judgment on the allegations, Murphy suspended both Campbell and Villa because of the seriousness of the allegations only hours after dispatcher Peri Ropke made her charges public at a press conference.

Even before the Sept. 24 lawsuit was filed, the city had commissioned an investigation, to be conducted by an outside attorney, after the women demanded their allegations be examined by someone outside of the Police Department, where it was said that women had “to go along to get along” in their careers.

During the city investigation, the Newport Beach Police Employees Assn. issued two overwhelming no-confidence votes in Campbell and Villa, first in public and later in secret balloting. Association president Tom Tolman has said the votes were an endorsement of Acting Chief Jim Jacobs.

The city investigation has involved interviews with all women employees and numerous supervisors who were asked about their knowledge about sexual harassment, Murphy said. The investigation is expected to be completed by next week.

City Council members did not immediately comment on the federal lawsuit but have expressed confidence in the city manager and the investigation he launched.

The latest lawsuit was filed in U.S. District Court in Los Angeles. It seeks an unspecified amount in damages and legal costs and other relief.

The case alleges violations of the state law called the Officers Bill of Rights and the 14th Amendment of the U.S. Constitution that guarantees the right of due process and equal protection under the law. The Officers Bill of Rights establishes legal protections for the treatment of law enforcement officers.

Asked if Campbell wants his job back in spite of the the no-confidence vote, Epstein said: “If down the road they are, in fact, terminated, and if, down the line, they are reinstated, we’ll deal with that then.”

The lawyer filing the lawsuit on behalf of Campbell and Villa was hired about a week and a half ago by the California Peace Officers Assn.’s legal defense fund.

In accusing the city of mistreatment, Campbell and Villa allege that Murphy, other unnamed city officials and the legal representatives for the five women are engaged in a conspiracy against them.

“The investigation has gone well beyond the original allegations of sexual harassment,” the lawsuit states. “It has now become a ‘witch hunt’ to gather any facts needed to justify the predetermined disciplinary action which will be taken against the plaintiffs.”

The lawsuit maintains that city officials “had already made up their minds” that Campbell and Villa would be fired and orchestrated an investigation to draw conclusions that would suit terminating the men.

This was borne out, the lawsuit contends, by the fact that the offices of Campbell and Villa were searched and their locks changed and that witnesses were allegedly prevented from making favorable statements about the men. They also claim that all of the interviews should have been tape-recorded “to preserve exact statements” to ensure due process under the U.S. and state constitutions and the Officers Bill of Rights.

City Manager Murphy said he believes that he did have the authority to put the men on paid administrative leave, and that he did so in compliance with city personnel policy and the Police Department manual.

“They can’t perform their duties without being impaired by the sexual discrimination lawsuit and the publicity,” Murphy said.

Beno Hernandez, a legal representative for the five women suing Campbell and Villa, said of the federal lawsuit: “This is only a diversionary tactic by two disgruntled Newport Beach employees.” Campbell’s attorney had used similar language to describe the actions of the five women who sued the city as well as the two officers.

The city investigation was initially criticized as tilted toward the chief and the city because Harold A. Bridges, a lawyer leading it, had previously defended the city of Alhambra against a sexual harassment case when Murphy was city manager there.

It has also been criticized for lacking a woman investigator--Murphy has since hired one--and the Newport Beach chapter of the National Organization for Women called for an independent probe by the Orange County Grand Jury.

“Captain Villa and Chief Campbell had themselves requested that the city ask a truly neutral body, such as a grand jury, to conduct the investigation into the allegations,” their lawsuit states. “Rather than bring in a person, or entity, to conduct the investigation who would be considered neutral by all sides of the issues, the city continued to use Mr. Bridges to conduct the investigation.”

Murphy said he feels under attack by all sides now.

“We are getting it both ways,” he said with frustration. “I’m thinking ‘whitewash’ and ‘witch hunt,’ all at the same time.”