Orange Places Police Chief on Paid Leave

Police Chief John R. Robertson was placed on paid administrative leave Wednesday, pending an investigation of allegations involving a “hostile workplace,” according to the city’s personnel director.

Robertson would not comment on the action, but his attorney said that it is “political retaliation” stemming from a police investigation into allegations that the city’s trash recycler had misappropriated municipal funds. The probe had begun to involve some city officials.

The Police Department launched that investigation in April after learning of allegations that the family-owned businesses that have collected and recycled trash in the city for more than 40 years might have skimmed millions of dollars of municipal funds from the recycling operation. Part of the probe involved claims that some city officials might have known of financial improprieties at the companies long before they were revealed to police. The entire investigation is now being handled by the district attorney’s office.

“The timing is very suspect,” said David L. Miller, Robertson’s attorney in Santa Ana. “All we’re told is that he’s on administrative leave. He’s involved in a major investigation. There are people in the investigation who have been made very uncomfortable, and suddenly he’s on administrative leave. This is intolerable.”

Dave Kiff, the assistant to the city manager, said that Robertson’s suspension and the trash scandal are unrelated.

“That is completely untrue,” he said of Miller’s allegation. “These allegations are specifically related to personnel issues.”

Personnel Director Steven V. Pham, who has been heading the investigation of Robertson, said it broadly involves allegations of a “hostile workplace.” It does not involve sexual harassment, he said. He would not say who made the allegations.

“I’m not surprised that’s the response from [Robertson’s] attorney,” Pham said. “But the allegations have very little if anything to do with the trash investigation. . . . We needed to separate him” from the department while the allegations against him are explored, “so no employees can claim he intimidated them. The chief is a good chief. It was a difficult decision for both the city manager and I.”

The City Council learned of the allegations in a closed session late Tuesday night. Although Pham did not need their vote to place Robertson on leave, three of the council members gave their approval.

Councilmen Dan Slater and Michael Alvarez both said they objected to the action.

“I think it’s way too severe an action given the level of respect this chief has achieved not only locally but statewide,” Slater said.

Alvarez said he faxed a memo to the city attorney late Wednesday asking for another meeting to discuss the issue. The case as laid out by Pham and City Manager David L. Rudat “was not to my satisfaction at all,” he said.

Robertson was called by Rudat just after 11 p.m. and told to report to the city manager’s office Wednesday morning, Pham said.

Former Police Capt. Dean Richards, who had retired to Redding, has been named interim chief, and Pham told lieutenants, sergeants and rank-and-file officers at the Batavia Street headquarters about the changes as the shifts came in Wednesday.

Meanwhile, Pham has arranged for a Newport Beach law firm to begin investigating the charges against Robertson.

Robertson, 46, has held the chief’s post since 1991 and has been applauded by community members for bring a strong emphasis on community policing to the department.

Miller noted that crime rates have dropped to an all-time low during Robertson’s tenure. The chief is scheduled to be honored by the YMCA with a distinguished service award Nov. 2. In 1993, he was commended by the Orange County Human Relations Commission for contributions to cultural diversity, he said.

Miller, whose firm handles cases representing a variety of police issues, said he could not remember another case in which the allegations were not specified before an officer was put on leave.

“Most police are given a process where they can review the charges,” Miller said. “When the facts are out, it will be clearly seen that it is nothing more than political posturing and retaliation. The system is brutal.”