Anaheim Will Seek Probe of Spy Allegation

Anaheim’s police chief and city manager said Thursday they will ask the state attorney general’s office to review allegations that the city’s previous top management ordered politically motivated police surveillance of local activists, including a union leader who now sits on the City Council.

Retired police Capt. Marc Hedgepeth alleges that police spent hundreds of hours tracking Richard Chavez during the late 1990s, when he was president of the Anaheim Firefighters Assn. Chavez was elected to the City Council in November 2002.

“In order to maintain an open and sound relationship with the Anaheim community, I’m asking for the state attorney general’s office to review these allegations,” said Police Chief John Welter, who started the job last month.

“I have reviewed the policies and procedures, and they look sound at this point,” Welter said Thursday. “However, I’m going to be looking further at what can be done, if anything, to ensure that no abuse of the criminal intelligence gathering practice occurs.”

Hedgepeth also said that former police chiefs Roger Baker and Randy Gaston directed him to conduct surveillance on Chavez. Hedgepeth said Gaston, now deceased, told Hedgepeth he was uncomfortable with the order but said it was directed by then-City Manager James D. Ruth.

Ruth, who now serves as Orange County’s chief administrator, has denied any knowledge of such activities. And Baker, who recently left to take a job in Des Moines, Wash., said he needed more information before commenting.

Current City Manager Dave Morgan and Mayor Curt Pringle said they knew of no such police surveillance, which allegedly occurred before they took office.

Hedgepeth is the same whistle-blower who disclosed in 2001 the police investigation of four Latino activists that produced a 36-page internal report in 2000. The report included newspaper stories and a “link analysis” that detailed the activists’ relationships with each other.

Hedgepeth said in an interview this week that Ruth and Baker disliked Chavez because of his role in a bitter and lengthy labor dispute. Hedgepeth said Baker asked him to investigate whether Chavez was having an affair with Lorri Galloway, director of the Eli Home shelter for abused women and children and a candidate in the current race for City Council. Hedgepeth said he refused that order. Galloway and Chavez deny any romance.

Hedgepeth said he recently told Chavez of the surveillance because he wanted to warn him against possible political reprisals. In recent weeks, Chavez has come under fire for not filing campaign finance statements by the deadline.

On Thursday, Chavez said he is pleased that Welter and Morgan are “moving forward ... to get to the bottom of this.”

“The broader issue is a pattern of illegal or unethical behavior on the part of a small core in the Police Department -- and worse yet, perhaps being directed by the city manager that was in place at the time,” Chavez said.

“I’m hoping that the investigation will cover all aspects of what is occurring related to these types of secret investigations by the Police Department and, if there are legal issues or just ethical issues, that we’re able to discover them and correct them.”

The city did not formally investigate the Police Department’s conduct in its probe of the four activists. A civil rights lawsuit in federal court was dismissed after the city argued that the police had gathered what was publicly available material. The activists are appealing that decision.

Amin David, head of Los Amigos of Orange County and one of the four activists included in the internal report, praised the city for seeking an outside review.

“That’s a very good move on their part,” David said.

Hedgepeth said he would welcome an investigation into police practices if it were conducted independently of City Hall.

In a prepared statement, Morgan said that would be the case: “In order to ensure complete independence, it is important to invite outside assistance to evaluate past police practices.”

Welter said his task as the new police chief is to ensure that the practices of the department’s criminal intelligence unit are legal and ethical.

“It’s critical that in any intelligence gathering ... it be related to suspected criminal activity,” he said.

Pringle and Councilman Thomas Tait said police shouldn’t spy when there are no allegations of criminality.

“The city shouldn’t be doing any investigations of people for political activities or activism or complaining,” Tait said. “I’d just like to see the city move forward with a clear policy.”