Firing of Orange Police Chief Questionable, Council Told

A hearing officer who investigated accusations against Orange Police Chief John R. Robertson concluded it would be hard to defend firing the chief for the reasons he was given in a notice of termination.

Robertson was suspended from his position last October and was later given notice of the city’s intention to dismiss him, allegedly for creating a “hostile work environment” and trying to find out if the leak of a sensitive police affidavit originated in the city manager’s office.

But the findings of a neutral hearing officer, whose report was given to City Council members on Friday, may not keep Robertson from being fired when the council meets in closed session after next Tuesday’s regular council meeting.

Robertson was placed on paid leave by City Manager David L. Rudat while the city’s Police Department was conducting an investigation into the misappropriation of millions of dollars in city trash funds.

The two men have been embroiled in a nasty public spat ever since.

Robertson has contended that he was ousted because of his department’s investigation of the family of Sam and Alyce Hambarian, who have controlled the city’s garbage business since 1955, and who have been accused of diverting or misusing city revenue.

Rudat has alleged that Robertson exceeded his authority by continuing to investigate the leak of a sealed search warrant affidavit, even after the Orange County district attorney’s office told the chief it would not prosecute the leaker.

In explicit detail, the leaked document revealed the basis of the Police Department’s investigation of the missing funds and police suspicions that Jeffery Hambarian, then head of the city’s recycling center, may have been largely responsible.

Jeffery Hambarian, who lives in the exclusive Peralta Hills section of Anaheim, has never commented on the allegations. His attorney has denied that money was misappropriated.

On Friday, council members were given copies of a 24-page report prepared by Edward Kreins, a former Beverly Hills police chief and city manager, and asked to sign a statement acknowledging that the contents were confidential and could not be publicly released.

Kreins reported that he had conducted an investigation into 14 allegations leveled against Robertson by Rudat. He was submitting the report under a state law that grants all police officers a thorough hearing when they are being considered for discipline or termination.

City Atty. David A. De Berry refused to comment on the report, saying it involved a personnel matter. Mayor Joanne Coontz said she had not read it and wouldn’t comment if she had.

Neither Robertson nor his attorney would comment on it.

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Kreins cleared Robertson on 11 of the 14 allegations--such things as misusing his police car for personal business, lying to the city manager and accepting T-shirts and bicycles for police use.

But he did find that Robertson used “poor judgment” in not asking an outside agency, such as the district attorney’s office, to investigate Rudat, his boss, and had disobeyed Rudat in briefing a council member on the investigation.

“Based upon my review to date, I believe that termination of the chief of police will be difficult to sustain,” Kreins concluded.

Kreins also seemed to suggest that it may be impossible to repair the rift between Robertson and Rudat.

“I am certain,” he wrote, “that the city manager is honestly concerned, and has indeed lost confidence in the chief of police. I do not know if there is anything that can ultimately be done to restore the [city manager’s] confidence.”

“Additionally,” he continued, “the chief of police will have the problem of restoring the confidence of the City Council with regard to his management as well. It will take a concerted effort on the part of the city manager, the chief of police, the council and personnel in the Police Department to overcome the present allegations, investigations and the feelings existing within the organization,” Kreins wrote.

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But, he added, “based upon what has been accomplished in the Police Department in the past six years, it would seem to be to [the] advantage of all concerned to resolve these problems and to move forward.”

The City Council may well vote to fire Robertson next Tuesday, said a senior city official who asked not to be identified.

“This isn’t a crime we’re talking about,” the official said, referring to Robertson’s investigation of the leak. “We are talking about trust and integrity.”

But members of the group called Citizens for Leadership, Ethics & Accountability Now (CLEAN), which was formed last fall expressly to support Robertson, said they felt vindicated by the report.

“We have continued confidence in our position on this issue,” said Shannon Tucker, a community activist who helped found the group.

“The chief should never have been put on leave in the first place. We hope with the clearing of the charges that we can get him back in office and we can go forward,” Tucker added.