Ex-Police Chief Sues Officials Over His Firing

Former Police Chief John R. Robertson filed a lawsuit in U.S. District Court on Tuesday alleging that the mayor, city manager and other top officials conspired to violate his civil rights when they fired him in March.

The suit states that City Manager David L. Rudat, Personnel Director Steven V. Pham, Mayor Joanne Coontz and Councilmen Mike Spurgeon and Mark Murphy fired him so he would stop investigating an alleged embezzlement scandal at the city’s trash and recycling companies.

They also wanted to prevent him from discovering who leaked a sealed search-warrant affidavit to the news media, the suit alleges. They are being sued personally as well as in their official roles.

Robertson, who has accepted a job as police chief in the Bay Area city of Newark, said Tuesday that litigation is the only way residents will be able to learn the full story of his months-long ordeal.

“What I am seeking is to get the truth out,” said Robertson, whose suit seeks general and punitive damages. “Unfortunately, this is going to cause great disruption in the city and the Police Department. But in the long run, it will be healthier for both.”

City Atty. David A. De Berry agreed that open court may be the only way to dispel lingering rumors about the affair.

“Maybe the city will have the chance to get all the facts out,” he said. “Many people believe there is an undercurrent here and the story hasn’t come out.”

The 16-page suit alleges that the wrongful-termination process began in October, when Robertson was placed on administrative leave because of complaints that he created a “hostile workplace.”

By the time Rudat fired him, with a 3-2 confirming vote of the City Council, the allegations included insubordination, conflict of interest and poor judgment.

Police began investigating allegations in April 1997 that Orange Disposal Service Inc. and Orange Resource Recovery Systems Inc. may have misappropriated millions of dollars in municipal funds. The case is now being handled by the Orange County district attorney’s office.

In August 1997, a sealed search-warrant affidavit detailing the case was leaked to the press. Robertson alleges that his attempts to match fingerprints found on Rudat’s copy of the document with those of City Council members brought on his termination.

He also asserts that he was an employee who could be fired only for “good cause,” while the city has long maintained that he was an “at-will” employee who could be terminated at any time.

De Berry disputed the allegations generally, saying that Robertson got a “full and fair” hearing before his termination and had an extreme conflict of interest in the search warrant case.

“We are going to fight this vigorously,” he said.