File Photo from March 2008: FLLewis/A Writer’s Groove — Burbank City Council Member/Mayor Marsha Ramos 

Former Burbank Mayor Marsha Ramos is speaking out again about those allegations of misconduct against the Burbank Police Department. Ramos is interviewed in Today’s Burbank Leader about a deposition she gave last month to attorneys representing five Burbank Police officers, who filed a lawsuit against the department in May of 2009, alleging discrimination, racism, harassment, and other civil rights violations.  

The first time Ramos shared her concerns in the media about this lawsuit and the city “system” that produced it was last year on this blog: “I’m saddened, because I think this should have been avoided. Leadership is critical. That said, I recognize first hand, that hands are tied by a dysfunctional system that escalates conflicts to a point of no return.” More of Ramos’ comments published here on June 12, 2009.

In the Leader article, Ramos points an accusing finger at certain city officials for questionable handling of the allegations and for keeping city council members in the dark about problems in the city’s police department: “The amount of information that we, as a council, were given about police department issues was very, very limited.”

Also, Ramos blames a system that is broken:”What I really want is for the system to be improved, for the city to look at the hard issues raised through all of this and to fairly address the culture that created this.” 

Meanwhile over on Jim Carlile’s popular  blog, the depositions of Ramos and others have been discussed for several days now. In fact, Carlile published an interesting section from the transcripts of Ramos’ deposition showing the kind of pressure the former mayor/council member was getting from city officials. Details here. 

Ramos returned to private life on April 30, 2009, when her last term on the Burbank City Council ended. During two terms on the council, Ramos served as mayor twice. Before being elected to the city council, she served on numerous city boards and commissions.

Photo: FLLewis/A Writer’s Groove — Police and Fire Headquarters at 200 North Third Street in Burbank

In the Los Angeles Times print edition and on its website today an extensive report about the troubled Burbank Police Department. The report covers quite a bit of territory from the allegations of suspect beatings, racial discrimination, retaliation, harassment, and those federal investigations into possible misconduct in the Burbank PD.

The allegations, lawsuits, and scandal have taken a heavy toll on the department. The Times says, “The Burbank force has been so bitterly divided by the accusations that newly appointed interim Chief Scott LaChasse, who this year replaced Chief Tim Stehr, asked psychologists to help him sort through the morass and come up with a corrective plan.”

Also in the Times’ report, some new details surrounding the suicide of Burbank Police Sergeant Neil Thomas Gunn Sr. on October 29, 2009. Sgt. Gunn left two notes in his truck before taking his own life, according to the Times. One note from Gunn reportedly said, “This is absolutely work related.” Click here to read the story. 

On this blog, I have been covering the recent problems and controversies plaguing the Burbank Police Department since last spring. Click here for those posts.  

UPDATE: 3/15/10

Over on Jim Carlile’s blog today, a heated discussion about the Times’ article; among the topics, what was left out of the report and speculation the newspaper was pressured to water down its story.

Also, I’m hearing more media reports are in the works about the Burbank PD.

Photo: FLLewis/A Writer’s Groove — David Starr Jordan Middle School at 420 South Mariposa Street in Burbank

A well-respected and former Jordan Middle School teacher remains behind bars today, while Burbank Police investigate allegations she had a sexual relationship with a 14-year-old male student last year. 33-year-old Amy Beck, wearing handcuffs, appeared in Burbank Superior Court yesterday. Beck was due to be arraigned on charges of lewd or lascivious acts with a child under 16, but the arraignment was postponed until March 25, 2010.

In one of several strange twists to this case, Beck did not attempt to post the $175,000 bail. Her attorney, Michael Williamson, says his client “…thinks it will be best..” that she stays in jail to better cooperate with the police probe into the charges.

Last Friday Beck, a sixth grade teacher, turned in her resignation at Jordan Middle School. The unidentified victim was enrolled at Jordan during the alleged sexual affair that went on for several months. On Monday, Beck surrendered to Burbank police and earlier reports say she confessed to having sexual contact with the minor. Beck is married with children.

If found guilty, Beck faces up to seven years in prison. Oddly, Burbank police will not release Beck’s booking photo. Burbank Police Information Officer, Sergeant Robert Quesada, told me “…we won’t be releasing a photo of Ms. Beck… we don’t consider Ms. Beck a danger to the community.”  I can’t help but wonder if a male suspect were facing the same allegations would his booking photo be released?  

Burbank has not escaped the bumps and bruises of the brutal recession, but yesterday it got some good news from one of the top financial agencies. Standard and Poor’s upgraded Burbank’s credit rating to “AAA,” the highest grade possible.  

S&P credited the Media City with a strong local economy, steady tax base, low debt, high reserve balance, and attractive location in the Southland as reasons for the rate hike, according to a press release on the city’s website.

Photo: FLLewis/A Writer’s Groove — East Olive Avenue in Burbank

“The City is pleased that the strength of Burbank’s finances has been recognized at a time when all cities and businesses are struggling with the consequences of a severe recession,” says City Manager Mike Flad in that press release. “Burbank has been more resilient due to the foresight of the current and previous City Councils who have built a strong and diversified economic base and adhered to sound financial policies.”

The higher the bond rating the lower the cost of borrowing for the city, which means “savings of taxpayer dollars,” and that is truly good news for residents.

Nevertheless on other fronts, things are not as glowing for Burbank. At last night’s city council meeting, the list of closed session issues before council members included several legal cases such as, Christopher Lee Dunn vs Burbank Police Department alleging wrongful termination due to discrimination, Omar Rodriguez vs Burbank Police Department, an alleged case of employment discrimination, infliction of emotional distress, and other related causes of action, William Taylor vs City of Burbank, alleged employment discrimination, and Angelo Dahlia vs City of Burbank, a case of alleged civil rights violations.

The entire list of closed session items appeared in Tuesday night’s city council agenda. Clearly, some problems that plagued Burbank in 2009 are not solved, and still deserve serious and transparent attention from city officials.

Photo:Councilman Dave Golonski from Burbank City website.

I was at last Tuesday’s Burbank City Council meeting and it was truly a disappointment. A couple of actions by  the council are still bugging me. Yeah, there’s some other stuff that I thought was kind of whacked as well, but two decisions at the January 5 meeting stick out the most and are of great concern. I can’t help wondered about the ramifications of those decisions.

First, Councilman Dave Golonski’s attack on two members of the  Burbank Civil Service Board is really disturbing. Golonski targeted Nathan Schlossman and Ex-Burbank Mayor Mary Lou Howard for removal from the board for making what he considered inappropriate comments, while rejecting the temporary appointment to Police Captain of Lieutenant Armen Dermenjian. Hmm, is this a case of the pot calling the kettle black? How many times, have members of this city council, Golonski included, made inappropriate remarks during council meetings in the past year? Has anybody been keeping a count?

During pubic comments, Civil Service Commissioner, Ted Milner, bravely stood before the council and defended the remarks made by his two fellow board members as “courageous” and “honest.”  Very gutsy of Milner to speak up for Howard and Schlossman and risk the wrath of Golonski. But speak up he did.  And I agree with him.

If Howard and Schlossman went too far in scrutinizing Dermenjian’s appointment, from what I’ve read of their comments in the transcripts, it was with good reason. Dermenjian’s name has been mentioned in that ongoing FBI probe of the Burbank PD. We don’t know if he’s considered a witness or something more. The FBI is not giving out details.  

Also, then Police Chief, Tim Stehr, pushed hard for Dermenjian’s appointment, despite being on shaky ground himself. In the wake of all those lawsuits, investigations, low morale in the BPD, and the suicide of Sergeant Neil Thomas Gunn, Stehr decided to retire last November. I think Schlossman and Howard were looking out for the best interest of the city and its citizens when they questioned Dermenjian’s promotion.

Even though the Civil Service Board blocked Dermenjian’s appointment to acting police captain twice, city officials managed to find a way to circumvent the board. Dermenjian got that promotion. Still last Tuesday, the city council voted 3-to-2 ( Dr. David Gordon and Mayor Gary Bric were the “no” votes) to censure or publicly reprimand the two civil service commissioners for their inappropriate comments. I disagree with the decision and consider it, ah, well, inappropriate for the alleged offense.

Photo: Burbank City Attorney Dennis Barlow by FLewis/A Writer’s Groove

Also, I had some difficulty understanding how the city council could quickly vote to hand over $1.2 million of city funds to pay some new high-priced lawyers. A million of that is being set aside for attorneys Merrick Bobb of Police Assessment Resource Center and Debra Wong Yang of Gibson Dunn & Crutcher LLP.  Ironically these lawyers already have been hired. Last Tuesday’s vote apparently was just a formality.

I thought it was interesting when Councilman Gordon questioned Barlow about whether he’d asked for a price break on the steep legal fees. Barlow answered  “no”  because he didn’t want to “nickle and dime” the big time lawyers. I don’t think we’re talking about chump change here. This is serious money!

I’m not sure what kind of advice on improving the BPD these lawyers can give before the results of the investigations are known. So why start hiring expensive lawyers now?  Some believe the real reason these lawyers are being brought on board is to defend the actions of some of THOSE folks who had a hand in causing many of the problems and legal challenges now facing the city and the police department. 

Again, I’m disappointed in the city council. I don’t think these two decisions were in the best interest of the city and its citizens.  Not a good beginning for 2010.

Photo: FLLewis/A Writer’s Groove — Burbank Police and Fire Headquarters at 200 North Third Street.

A new interim police chief will be stepping through the doors of the Burbank Police and Fire Headquarters soon. Hopefully, he’ll bring with him the kind of new leadership that’s needed for the BPD, in the wake of lawsuits, scandal, the recent suicide of a police office, and oh yes, those investigations.

A news release appeared on the Burbank city website this afternoon announcing that law enforcement veteran Scott LaChasse has accepted the position and would be coming aboard next month.

Here’s the news release:

Burbank Selects Interim Police Chief
Scott LaChasse to assume duties January 7th

BURBANK, Calif. (December 17, 2009) – After a thorough and competitive recruitment process, a leader in Southern California law enforcement has been named Interim Police Chief for the City of Burbank. Scott LaChasse (pronounced La Ch-ahh-s) comes to the City with almost 40 years of experience.

“I look forward to creating an open dialogue with all members of the department, the community and City family,” says LaChasse. “The department is transitioning from a difficult period and there are still tough days ahead but I believe the Burbank Police Department will emerge stronger and well-prepared for the future.”

LaChasse worked for the Los Angeles Police Department from 1970-2002, most recently holding the position of Deputy Chief. In this capacity, he managed almost 1,600 personnel in South Los Angeles.

During his tenure at the LAPD, he held a variety of high-profile positions including Commanding Officer for the Criminal Intelligence, Narcotics, and Uniformed Services Groups. He also served as Assistant Commanding Officer of Operations for the Valley Bureau where he administered the activities of 1,800 personnel in the San Fernando Valley.

“Scott enjoyed a tremendous career with LAPD,” says Burbank City Manager Mike Flad. “His track record of managing complex issues and effective leadership is exactly the fit we were looking for.”

Recently, LaChasse served as Vice President of Security and Emergency Services at Paramount Pictures Corporation. He is a member of several organizations including the International Association of Chiefs of Police, FBI National Academy Associates, and California Peace Officers Association. He is currently Treasurer of the William H. Parker Los Angeles Police Foundation, member of the Homeland Security Board (Los Angeles and Orange Counties) and President of the Chief Special Agents Association. He provides instruction nationally and internationally to public officials and law enforcement officers on the command of critical incidents.

LaChasse earned his Bachelor’s degree from California State University, Los Angeles, and his Master’s in Public Administration from The University of Southern California.

Photo: FLLewis/A Writer’s Groove — Burbank City Hall at East Olive Avenue and North Third Street.

Last Tuesday night’s Burbank City Council meeting was like a marathon, it went on and on, but for a good reason. The city council had a busy agenda filled with issues and concerns on December 8 and that packed the chamber at city hall.  The controversy over declawing domestic cats brought out the largest crowd and got the city council bombarded with over 100 e-mails.

During a public hearing on a proposed city ban on the practice, speaker after speaker argued against declawing calling it cruel, even ”inhumane,” and claimed it is primarily being done for the convenience of pet owners. They suggested such simple alternatives as clipping a cat’s nails and providing a scratching post for the feline in order to protect furniture.

A small group of opponents of the ban spoke out as well. Some of them cited pet owners with health issues like “compromised immune systems” as a good reason for declawing. Still others defended declawing as  medically safe, if done properly, and a choice that should be left up to the pet owner and a veterinarian.

Burbank Police Captain Janice Lowers, who supervises the Burbank Animal Shelter, came out in support of the ban. Captain Lowers said the shelter has seen a number of declawed cats with health and behavior problems. After some debate, the city council voted 4-to-1 in favor of banning the declawing of cats only. The lone “no vote” came from Mayor Gary Bric.

Two female Cal State Northridge students sitting next to me were taking diligent notes. One of the journalism students was baffled by Bric’s vote against the ban and asked me about it. Earlier, Bric had stated he couldn’t vote for the ban if it included all animals. Well, Council Member Anja Reinke changed her motion to only cover cats and Bric still voted “no.” I thought that was odd and I couldn’t explain it to the confused student. The way I see it, if you’re going to have a declawing ban it should cover all animals, not just cats. The emergency ordinance takes effect immediately, beating a December 31 deadline for enacting declawing bans. Burbank is now the eighth city in the state to outlaw declawing of cats.

Public comments and the rest of the agenda items followed, so the city council meeting did not wrap until well after midnight. While the rest of us headed for home, the council members went into closed session to deal with more city business.

In retrospect, this was a good council meeting because the council members stayed focused on the issues, this time around, and did not get into petty squabbles. This is something the Burbank Police Commission should try to emulate. At the December 2 meeting, the police commission proceedings were hampered by constant bickering on the panel. There is a huge divide growing between the renegade commissioner, James Etter, and the rest of the panel. How can the police commissioners step up and help solve some of the serious problems in the Burbank Police Department when they can’t seem to stop fighting among themselves? I was very disappointed. I had high hopes for this police commission.

Photo: FLLewis/A Writer’s Groove — Attorney Solomon E. Gresen speaks to the media outside Burbank city hall on November 3, 2009.

Encino Attorney Solomon E. Gresen represents Burbank Police Lieutenant Omar Rodriquez and several of the other eight present or former BPD officers suing the city and the department. The Burbank Leader  reports BPD Detective Angelo Dahlia alleges in his lawsuit that he saw Lieutenant Rodriquez threaten a witness. According to the Leader, Dahlia characterized Rodriquez as having “…a reputation for corrupt and illegal practices.”  

Today, Gresen slammed those allegations as “categorically untrue.” Here’s Gresen’s statement. 

Statement of Solomon E. Gresen, Attorney for Burbank Police

Lieutenant Omar Rodriguez in “Rodriguez, et al. v. City of Burbank”

 As outlined in his 63 page complaint filed in Los Angeles Superior Court on May 28^th of this year, Lieutenant Rodriguez has alleged that throughout his 22 year career at the Burbank Police Department he has been subjected to race-based harassment and promotional discrimination and retaliated against for his efforts to increase opportunities for minorities. 

 “The current lawsuit brought by Angelo Dahlia is the latest incident in a long string of retaliatory conduct against Lt. Rodriguez, and seems designed specifically to discredit Lt. Rodriguez and to detract from the claims of Rodriguez and Officers Steve Karagiosian, Jamal Childs, Elfago Rodriguez, Cindy Guillen-Gomez and Christopher Dunn.” said Solomon Gresen, attorney for Lt. Rodriguez inn his lawsuit against the City of Burbank.  The allegations concerning Lt. Rodriguez contained in Dahlia’s lawsuit are categorically untrue. 

 As alleged in his complaint, on April 15, 2009 Lt. Rodriguez was placed on administrative leave only two hours after he formally complained about retaliatory action taken against a fellow senior police officer who joined with Rodriguez in opposing the department’s systemic discrimination. The next day Rodriguez was demoted from his administrative position and reassigned to the patrol division.

 The complaint also describes a system and practice where the BPD has actively engaged in discriminatory hiring and promotionalpractices designed to maximize opportunities for white male, heterosexualofficers, at the expense of women and minorities.  The BPD has tolerated the use of offensive racial, ethnic and sexual preference slurs including but not limited to “nigger,” “beaner,” “fag,” “dyke,” “wet back,” “towel head” and other similarly objectionable terms. Further the BPD has consistently refused to take disciplinary or corrective action against the above described activities despite the repeated efforts by Lt. Rodriguez and others to bring significant evidence of harassment, discrimination and retaliation to the attention of the BPD’s senior leadership.

 The complaint goes on to say that over the course of his career, Lt. Rodriguez has suffered and documented multiple examples of unfair and illegal discrimination against him based on his Cuban/Hispanic heritage. Notwithstanding multiple obstacles unfairly placed in his path, in 2006 Lt. Rodriguez became the first non-Caucasian officer promoted above the rank of Sergeant since the City of Burbank incorporated in 1911. Over this entire 98 year period, not a single African-American has ever been promoted by the BPD above the rank of “Police Officer”. BPD has never had a single African-American Detective, Sergeant, Lieutenant, Captain, Deputy Chief or Chief. 

File Photo: FLLewis/A Writer’s Groove — Burbank Police and Fire Headquarters at North Third Street and Orange Grove Avenue.

The number of present or former Burbank Police Officers suing the city and some department brass jumped to eight this week, and there are indications that total will go even higher. The latest lawsuit was filed by BPD Detective Angelo Dahlia on Tuesday in federal court, according to the Burbank Leader.

The story was up on the Leader website at 5:26 p.m. last night. A terse statement on the Dahlia suit appeared on the Burbank city website a short time later at 6:15 p.m. Here’s the statement.

Statement on Lawsuit Filed by Detective Angelo Dahlia

BURBANK, Calif. (November 19, 2009) – The City has been named as a defendant in a lawsuit filed by Burbank Police Detective Angelo Dahlia.

These are a new set of allegations related to cases already being investigated. As with all serious charges, it is important for the investigations to be completed.

Earlier this year, the City hired an outside attorney and investigator to conduct an independent investigation into allegations ranging from wrongful termination, discrimination and retaliation to abuse of force.

In addition, Police Chief Tim Stehr requested the LA County Sheriff’s Department conduct its own investigation.

As these important inquiries continue, the City’s top priority remains the safety of our citizens.

###

This statement is extremely sketchy with very few facts relevant to the Dahlia case. What are Detective Dahlia’s allegations and charges? The Burbank statement was either hastily prepared by someone who FORGOT to include important facts or perhaps the purpose of the statement is not to inform, but a flimsy attempt at some sort of damage control.  

Ironically last Tuesday, November 17, the city council voted to install a new policy providing some type of screening for news releases on sensitive issues before they’re made public. This was in reaction to a controversy stirred up over the tone and language in some recent releases dealing with the investigations and lawsuits, particularly the statement issued after the suit filed by Ex-Deputy Police Chief Bill Taylor last September.

In a letter to the city council dated November 2, 2009, Former Burbank Mayor Marsha Ramos joined the outcry over the Taylor statement: “The press release stated that Mr. Taylor ‘refused to cooperate’ in the City’s attempt to investigate. Yet, I know that Mr. Taylor made several attempts to cooperate and bring forward for further discussion some very serious concerns.”

As for the Dahlia lawsuit, the Leader is reporting the BPD detective “alleges that high-ranking members of the department investigating the 2007 robbery of Porto’s Bakery assaulted and beat witnesses and suspects ‘under the color of authority.’ ” 

So the city of Burbank and the BPD are facing another potentially multi-million dollar lawsuit/ settlement. And we haven’t heard from the attorneys for Sergeant Neil T. Gunn’s family. Relatives have already accused the city and the BPD of having a hand in Sgt. Gunn’s suicide last month; a lawsuit is reportedly in the works.

I can’t help but wonder, if Police Chief Tim Stehr had taken complaints and concerns last spring from the Burbank Police Officer’s Association seriously enough and taken action to solve some of the department’s problems, Burbank might not be facing all these lawsuits and maybe, just maybe, a certain police officer might still be alive.

Photo: FLLewis/A Writer’s Groove —Burbank Police Chief Tim Stehr

I don’t know if he was pushed or he volunteered, but Burbank Police Chief Tim Stehr is heading for the door. The announcement appeared a short while ago on the Burbank city website. It comes almost a week after that volatile council meeting where Councilman David Gordon called for an emergency action to consider putting Chief Stehr on administrative leave. His fellow council members balked and refused to consider the motion.

Last Friday afternoon, I published a post on this blog, “Time for serious change in Burbank,” calling for the police chief to step aside or to be put on administrative leave for the good of the BPD, the city, and its citizens. Stehr’s ability to lead has been severely damaged by the investigations, lawsuits, low morale, the suicide death of Sergeant Neil Thomas Gunn, Senior, and other problems in the department. The decision was slow in coming, but it was the right one. Here is the announcement from the Burbank website.

Burbank Police Chief to Retire

 BURBANK, Calif. (November 9, 2009)– Burbank Police Chief Tim Stehr will officially step down from his post on December 31, 2009.

 “It has been my absolute privilege to serve as Chief in the City of Burbank,” says Stehr. “Our department is facing challenging times. The healing process will be a long one but I have tremendous confidence in the brave men and women of our department and the citizens of this community. As I prepare to retire, I wish to thank all those who made the department’s success possible.”

 Stehr joined the Burbank Police Department in 1978 as a cadet and served in a variety of roles before being named Chief in 2007.

 City Manager Michael Flad says an Interim Chief will assume duties no later than January 1^stwith Chief Stehr assisting in the transition for 30-60 days.

UPDATE 7:52 p.m.

I spoke with Burbank Councilman David Gordon by phone a few minutes ago. Now that Police Chief Tim Stehr is leaving, Councilman Gordon says “…I am hopeful….  there will be new outside leadership coming in… to cast new independent view of the important issues facing our police department…”

New leadership with fresh ideas. I agree. That’s the kind of change that is needed in the Burbank Police Department and in city government as well.

UPDATE 11/11/09   Police Chief Tim Stehr speaks

In an opinion piece published last night on the Burbank Leader website, outgoing Burbank Police Chief Tim Stehr gives his reason for stepping down and comments on a number issues, including misconduct in the BPD.  Here is what the chief wrote:

I have decided to retire after a more than 31-year career with one of the most professional and top-quality law enforcement agencies in this state. This is an extremely difficult decision for me to leave this department, where I have had such a rich and rewarding career.

I have spent virtually my entire adult life here at the Burbank Police Department. I met my incredible wife here, her family and so many great people who have become lifelong friends.

I regret that I am prevented from fully commenting on the investigations and litigation that seem to be so consuming to the city, but I want to assure the community that the men and women of this department are totally committed to the safety of this city.

I would like to comment on something that seems to be misunderstood and misrepresented in the many public discussions of these issues, and that is the Police Department’s legal duty to investigate all complaints of misconduct.

When a citizen brings allegations involving the misconduct of a Burbank police officer to the attention of the Burbank Police Department, the Police Department is mandated by law to conduct an administrative investigation. When a citizen’s accusation of misconduct is so egregious that if true, it would constitute criminal misconduct, the Police Department refers that accusation to an independent law enforcement agency to conduct a criminal investigation. Under those circumstances, the police officer is placed on administrative leave, with full pay, pending the outcome of the administrative investigation, and possibly the criminal investigation.

Currently, one or more citizens have accused several Burbank officers of misconduct. Those accusations are under administrative investigation by an independent investigator hired by the Burbank Police Department, with the approval of the City Council. In addition, the Burbank Police Department referred the accusations of misconduct to an outside law enforcement agency.

I believe that my continued service here is a distraction that the city and the department do not need, and that is why I announced my retirement. I am proud of my record of service to this community at every step of my career, from cadet all the way to chief.

As chief, I do not regret the actions I took to investigate complaints of misconduct, to refer the complaints to an outside agency for criminal investigation, and to punish those who were found to have acted inappropriately. The Burbank community deserves nothing less than a full and complete investigation of all allegations of misconduct. I have acted at all times with the full knowledge of, direction and advice from the special outside counsel and investigator appointed for this purpose by the City Council.

I have many great memories and career accomplishments that I am very proud of. I want to thank the city manager for giving me the opportunity to serve this department as chief, and I hope only the very best future for this department and this city.

I especially want to thank my incredible family, my wife, Barbara, my children, Cory and Jessica, my in-laws, extended family and friends who have provided me with unconditional love and support throughout my entire career. 

MORE COMMENTS from Chief Stehr on his departure and reaction from the Burbank Police Officer’s Association President, Detective Mike Parrinello, in an article by Burbank Leader reporter Christopher Cadelago, which is also posted on the newspaper’s website.

Photo: FLLewis/A Writer’s Groove — Burbank City Councilman David Gordon and Vice-Mayor/Council Member Anja Reinke at the Tuesday November 3, 2009, council meeting.

Reverberations from last Tuesday’s Burbank City Council meeting are still shaking the town and probably will continue to do so for some time. That should really come as no surprise to anyone who was there or watched it on TV. It was an explosive event with huge ramifications.

Things really got cooking when Councilman David Gordon declared publicly what many in this city have been talking about and hoping for. Boldly, Dr. Gordon called for his fellow council members to consider an emergency action to discuss putting Burbank Police Chief Stehr on “administrative leave.”

Gordon cited  the “stress and tension” in the department brought on by Stehr’s questionable leadership, Sergeant Neil Thomas Gunn’s death, and a slew of investigations and lawsuits. Stehr has been named in some of those lawsuits and is more than likely being questioned as well in the FBI’s secretive probe into misconduct by the BPD.

All around me, wild applause broke out in the city council chamber. Members of Sergeant Gunn’s family and their supporters, which included a larger number of Burbank police officers, filled the seats and lined the walls of the chamber. Many of the Gunn supporters still carried the candles that were used earlier in the evening at a vigil for the veteran Burbank police officer.

Photos: FLLewis/A Writer’s Groove —Gunn supporters walked from the vigil at Burbank Police and Fire Headquarters to city hall for the city council meeting. 

On October 29, the body of 50-year-old Burbank Police Sergeant Neil Thomas Gunn, Senior was discovered beneath a cluster of trees, near the De Bell Golf course at the intersection of Sunset Canyon Drive and Harvard Road. According to a Burbank Police/Burbank City press release, Gunn died from a self-inflicted gunshot wound.

Photo: FLLewis/A Writer’s Groove —Sunset Canyon Drive and Harvard Road.

Rumors about Sgt. Gunn’s death have been flying fast and furious around Burbank for days. Gunn was reportedly one of the officers named in that FBI investigation. In a news advisory, a newspaper interview, and at a news conference on the steps of city hall Tuesday night, Gunn family members claimed the police officer’s suicide was a result of “the treatment” he received from the Burbank Police Department.

“My brother was a victim of retaliation for defending officers who had been wrongly accused…” charged Chris Topolovich who spoke for the family at the news conference. Sources say documents or notes left behind by Sgt. Gunn leveled an accusing finger at Chief Stehr. Topolovich ended his remarks to the media by pleading for “.. no more dead bodies in the city of Burbank.”

Photo: FLLewis/A Writer’s Groove — After the news conference, a distraught Chris Topolovich is comforted under the glare of media lights by Gunn’s son, Neil Gunn Junior.

Councilman Gordon characterized the situation in the BPD as a ”health and safety” issue and told his colleagues ”we cannot close our eyes” to the problem. However, close their eyes is exactly what the four other council members did. How could they be in that position, live in this city, and not see and hear what is going on?

Reinke ranted she did not “…have enough facts” to consider “discharging” the police chief. Interesting, Gordon never used the word “discharge” or anything close to fire. He said “administrative leave.” Several Burbank police officers, whose guilt or innocence has not been determined, are on administrative leave. Topolovich confirmed during the news conference that Sgt. Gunn had been on administrative leave as well.

 Councilman Jess Talamantes said “I don’t have all the facts” and described the matter with the police chief as merely”… a personnel issue.” Talking about missing the magnitude of the situation. 

Mayor/Councilman Gary Bric joined with Talamantes and Reinke in saying he too was in the dark. Gee, now didn’t the mayor read that controversial statement on September 29, 2009 (supported by all of the council members) that claimed to be in the know about the lawsuits, investigations, and problems in the BPD.

 Mayor Bric said:”There have been a number of lawsuits and claims filed that contain multiple allegations of improper conduct ranging from wrongful termination, discrimination and retaliation to abuse of force and various forms of covering up such activities. These are all very serious allegations and I think it is clear to everyone that the police department is facing some major challenges. All of these allegations have arisen from sources within the department or from former members of the department.”

Also, Bric stated: “While we know the entire community is disappointed to know that there are issues within the police department, please rest assured that the City Council is taking every step possible to make sure all of the issues are identified and that steps are taken to make sure that any problems that are identified are dealt with in a manner that insures they are never repeated. This may mean some severe consequences for any persons involved in misconduct, but we believe the integrity of our police department is extremely important to this community and is our paramount concern.”

And then Councilman Dave Golonski accused Gordon of “grandstanding” and said, “I don’t believe there is an emergency.” Golonski’s comments and those of some of the other council members were greeted with jeers and hisses from the audience.

A frustrated Burbank resident tried to convince the council members of the seriousness of the situation by shouting, “It happened near my house!” in reference to the Sgt. Gunn tragedy. Well, when the homeowner would not be silenced the mayor ordered him removed from the chamber. Instead, the man got up and stormed out. Gordon’s motion died when it did not receive one vote from his fellow council members. However, the issue is still very much alive.

It’s time for serious change in Burbank.  At the top of the list, Police Chief Tim Stehr needs to step aside or be put on administrative leave for the good of the department, the city, and the citizens of  Burbank.

Photo 11/01/09: FLLewis/A Writer’s Groove —Burbank Police and Fire Headquarters where the flags are flying at half-staff in remembrance of Sgt. Neil Thomas Gunn, Sr.

The Burbank Police Department has taken some pretty big hits lately from lawsuits, investigations, low morale, scandal and now the apparent suicide of one of its patrol officers. According to a press release put out by the Burbank PD, 50-year-old Neil T. Gunn died on a residential city street corner of a self-inflicted gunshot wound yesterday morning.

It happened around 11:40 a.m. near the intersection of Sunset Canyon Drive and Harvard Road in the hillside area. Police officers responded to a slew of 9-1-1 calls and found Gunn. A short time later, Gunn was pronounced dead at the scene by paramedics.

Photo: FLLewis/A Writer’s Groove

At the time of his death, the 22-year veteran patrol officer was apparently on administrative leave after being named in an FBI investigation into police misconduct, according to The Burbank Leader. At least a dozen Burbank police officers are part of that investigation. So far, the FBI has not disclosed the details of the probe.

During his long career, Gunn received a number of awards and commendations including Ministerial Officer of 1992 and department professional esteem awards in 1997 and 2004.

The press release stated: “This incident is a devastating tragedy. The members of the police department and all our city employees share in the grief with his family during this difficult time.”

The investigation into the death of Sgt. Gunn is now being handled by the Glendale Police.

Also, Burbank Blogger Steve Ferguson has a commentary on his site about Gunn’s death. It’s well worth the read.

UPDATE:10/31/09                                                         

Photos 10/30/09: FLLewis/A Writer’s Groove

A wreath dedicated “In Loving Memory” of Sgt. Neil Gunn was anchored near The Guardians sculpture in front of the Burbank Police and Fire Headquarters when I dropped by the site yesterday.

Photo 10/31/09: FLLewis/A Writer’s Groove

Then today, I noticed a second wreath had been added to the flowers, cards, and candles in that memorial to a fallen officer.

Also, I am hearing now that Sgt. Gunn was not on administrative leave when he died. Meanwhile, a lot of unanswered questions and suspicions about Gunn’s death. The press release from the city of Burbank/Burbank PD called the gunshot wound on Gunn’s body self-inflicted. Some, including a resident I spoke to who lives near the scene of the tragedy, doubts the suicide conclusion.

UPDATE 11/01/09

This same resident, who did not want his name used, pointed out to me the spot where Gunn’s body was discovered, beneath some shady trees on a grassy area with blooming pink roses and a large sign for the nearby De Bell Golf Course and some other local attractions. 

Photo 11/01/09: FLLewis/A Writer’s Groove

 Near the location attractions sign and not far from the street sign identifying this intersection as Sunset Canyon Drive and Harvard Road, flower bouquets were left in sympathy for Sgt. Gunn.

Photos 10/30/09: FLLLewis/A Writer’s Groove

 I e-mailed a copy of that press release to a friend, Ken Bell, who is a retired investigator for the Los Angeles County District Attorney’s Office. Ken Bell opines “… there must have been some tattoo (gun powder burn) around the wound indicating that it was close range shooting and a check of GSR (gun power residue on the shooting hand) would have {been}strong evidence that he shot himself…..”   Bell suggests the position of the body and other evidence at the scene could have reinforced that conclusion.

We will probably have to wait until the Glendale Police investigation wraps up and the Los Angeles County Coroner’s Office releases some part of its report before we have a clearer picture of how Sgt. Gunn died. Hopefully, that information will shed some light on the other important question; why did Gunn die?

UPDATE 11/02/09 MAJOR DEVELOPMENT

Tomorrow’s Burbank City Council meeting is shaping up as a major event and perhaps even a turning point for the Burbank Police Department. I got this media advisory a short time ago.

Also, a source tells me a large number of Burbank Police Officers are planning on attending Tuesday’s council meeting to show support for the family of Sgt. Gunn and to show support for the immediate removal of Police Chief Tim Stehr.

Media Advisory

Burbank police Sgt. Neil Thomas Gunn Sr. family members

to address the media

BURBANK, Calif., November 2, 2009 - The family members of Burbank police Sgt. Neil Thomas Gunn Sr., who died last week will speak to the media following the Burbank City Council meeting tomorrow, November 3, 2009 at 6:00 pm

Sergeant Gunn’s children and other family members will tell the media that Sgt. Gunn’s suicide was motivated, in large part, by the treatment of Sgt. Gunn by the Burbank Police Department .

Sergeant Gunn was a 22-year-veteran and patrol sergeant with the Burbank Police Department. He received numerous commendations for his work, including Ministerial Officer of the Year in 1992, and two departmental Professional Esteem awards.

The Burbank City Council meeting begins tomorrow at 6:00 pm at City Hall, 275 E. Olive Avenue.  It is anticipated that the family will talk to the media at 6:30 pm outside of the Council Chambers.   

Photo: FLLewis/A Writer’s Groove — Burbank Police and Fire Headquarters at Third Street & Orange Grove Avenue.

Burbank Police Commission meetings at police headquarters are getting more and more interesting. Last night’s meeting brimmed with drama including verbal fireworks and one commissioner abruptly walking out in a huff. The way I see it, these are the growing pains of commissioners who are struggling to break out of an old sedentary model and leave a “do nothing” reputation behind, or as new Commissioner Ray Adams put it,”… beef up our strength…be more valuable to the community.” To this I say, right on!

This kind of change isn’t going to come without heated debate and ah, plenty of drama. The first one to get pumped up last night was James Etter, who quickly lost patience with his fellow commissioners and the meeting procedures. Etter pleaded for a period of discussion before an item could be voted on for a future agenda. The Boy Scout leader/entertainment industry pro, was upset that it appeared commissioners were voting down certain agenda items he suggested without a clear understanding of the issues involved.   

Assistant City Attorney/Police Department Counsel Juli Scott kept interrupting to remind the commissioners they could not discuss new issues unless they had been “agendized.” This Catch 22 frustrated Etter to the point he scooped up his laptop computer and other belongings and headed for the door, threatening to make his exit permanent. Etter charged the commission was stuck in the past and “… going nowhere.”

Scott, who tries to control the commission meetings with long rambling and often confusing legal explanations or opinions, probably thought things would settle down after the renegade Etter left. No way. Gutsy Commissioner Elise Stearns-Nisesen stepped up next to ask a series of probing questions about a new controversy over single officer patrol units, as well as those lawsuits and investigations swirling around the city.

Oddly, sometimes when Police Chief Tim Stehr would attempt to answer a question posed to him by Commissioner Stearns-Niesen or one of the other commissioners, Scott would explode with some long-winded response. A couple of times, I saw the chief’s mouth open to speak, but the words we heard were from Scott. It was a strange sort of ventriloquist act that was annoying rather than amusing. Why is Scott talking so much at these commission meetings? It’s like Scott views the commissioners as jurors in a trial she is trying to win.

No matter, these commissioners appear to be determined to move away from business as usual. Commissioner Ray Adams commented that he “…could relate to the frustration of Mr. Etter.” Adams said the commission needs to become more involved and relevant so it can “…help the police department … help the community.” The other commissioners, Stearns-Niesen, Robert Frutos, Nathan Rubinfeld, Claudia Bonis, and Hagop Hergelian agreed.

Those commissioners voted unanmously to meet on Wednesday, October 28, 2009, for the specific purpose of drafting a letter to the city council requesting new powers and responsibilities. This is a welcome surprise and I applaud their efforts.

Photo: Burbank City Councilman Dave Golonski from Burbank city website

Burbank City Councilman Dave Golonski is not happy with the way the Burbank Leader newspaper reported on that statement read by Mayor Gary Bric at last Tuesday’s city council meeting. The much-talked-about and reported-on statement is the first official public reaction from the entire city council to a slew of police lawsuits and a number of investigations going on in Burbank. The complete statement is posted on this blog.

Today I was over on the Leader website and read an opinion piece by Councilman Golonski. He claims the newspaper’s story, “FBI probes Police Dept., “ about that statement last Wednesday, “… omitted some important facts, so I’d like to clarify the important points that I believe were inaccurately portrayed in the article.”

One of the points Golonski makes is that the story  ”…  reported that the mayor “blew the lid off the investigations” after the council had remained silent on the legal action building against the city. While our statement contained more detailed information on the investigations, the fact that there are both internal and external investigations looking into issues at the police department was disclosed publicly in response to oral communications at a council meeting as far back as May.”

In fact, it was Golonski who made the revelation about those “… internal and external investigations…” at a city council meeting on May 19, 2009. Golonski’s disclosure was mentioned in a story on this blog back in May as well.

The councilman has a few other issues with that newspaper article. Here’s the link to Golonski’s response,  which also appears in today’s print edition of the Leader.  

Photo: FLLewis/A Writer’s Groove —Burbank Police and Fire Headquarters.

In a recent Los Angeles Times story about the FBI probe and those lawsuits filed by former and current members of the Burbank Police Force, Burbank City Attorney Dennis Barlow had very little to say. City Attorney Barlow is quoted as saying he “… was unable to comment on the FBI investigation or the lawsuits against the city and Police Department, citing pending litigation.” Barlow may be mum, but another major player in the Burbank City Attorney’s Office has had plenty to say about those lawsuits which allege a pattern of harassment, discrimination, retaliation, and misconduct in the BPD.

On this blog last Wednesday, we first heard about Assistant City Attorney Juli Scott’s harangue from one of our regular commenters. “Stretch” said, “… Juli Scott was recently giving “sexual harrasment” training at the police department. In front of 75 or so officers she starts to talk about the lawsuits and how they are all BS. It is reported that Scott continues her rant and says the city will fight these suits and if they lose they will appeal them at all cost. Then they will seek damages against the complaining officers. Cost to who…not you Juli..just the taxpayers.” Burbank blogger Jim Carlile picked up the story as well.

I have confirmed from a Burbank police employee who was at that training session, on Monday, September 28, that Attorney Scott put on quite a performance. The employee might become a target of retaliation, so I’m not going to include a name or gender. The employee described the tirade by Scott as being filled with “cheap shots.”  According to the employee, Scott said, “… they don’t settle frivolous lawsuits that they will fight cases and have them overturned on appeal and then make the plaintiffs pay for their legal fees, etc.”  Also, my source confirmed an officer who has filed one of those lawsuits was in the audience and was possibly the main target of Scott’s verbal assault.

In the statement read by Mayor Gary Bric at the City Council meeting last Tuesday, with the approval of his fellow council members, Bric referred to the lawsuits and claims as “… very serious allegations and I think it is clear to everyone that the police department is facing some major challenges.”  A very different tone from that of a lawyer in the City Attorney’s Office who called the lawsuits frivolous and threatened the officers who filed them with reprisals. Interestingly, the official city statement from the Burbank Public Information Office described the lawsuit filed by Former Deputy Police Chief Bill Taylor as “frivolous,” too.

All of this makes you wonder who really speaks for the city of Burbank and who is in charge of the direction it is taking with these lawsuits and investigations. The mixed signals from city officials suggest a crisis in leadership along with the other problems now facing Burbank and its citizens.

Photo: FLLewis/A Writer’s Groove — Burbank Mayor Gary Bric read a statement at last night’s council meeting.

Finally, after weeks and months of mostly silence or as some folks have described it stonewalling, the Burbank City Council spoke out last night about the controversial and very messy situation surrounding the police department. Back on May 13, I wrote a post about the alleged problems in the BPD and called on the city council to not… ” wait until it all explodes into a full blown controversy, but step forward now and explain the situation to residents.” Mayor Gary Bric and city council members Anja Reinke, David Gordon, Jess Talamantes, and Dave Golonski did not heed that advice from me and other citizens, but remained tight-lipped about the situation.

So after seven lawsuits have been filed by former or present members of the Burbank Police force, including a former Deputy Police Chief, and persistent rumors about investigations by outside agencies like the FBI, the city council is going public about the growing scandal.

At the beginning of Tuesday night’s city council meeting, Mayor Bric announced he would read something  ”very important” … ”a statement” he says the council members agreed to earlier in the evening, in closed session.  Here is the full text of that statement, which is now posted on the city Burbank website.

Statement from Mayor Gary Bric
Burbank City Council Meeting
September 29, 2009 

There has been a lot of press recently regarding issues at the Burbank Police Department and I’m sure the community is concerned and wants to make sure that these issues are being appropriately dealt with. There have been a number of lawsuits and claims filed that contain multiple allegations of improper conduct ranging from wrongful termination, discrimination and retaliation to abuse of force and various forms of covering up such activities. These are all very serious allegations and I think it is clear to everyone that the police department is facing some major challenges. All of these allegations have arisen from sources within the department or from former members of the department.

 As a result of allegations prior to these lawsuits, a number of investigations have been initiated both by the department and by outside entities at the invitation of and with the cooperation of the city. These investigations began long before the filing of the lawsuits and claims mentioned above. Chief Stehr requested the Los Angeles County Sheriff’s department come in and perform an independent investigation. The city also began an independent investigation using an outside attorney and an outside investigator, both of whom report directly to the City Attorney and City Manager’s office. Your Burbank City Council has met with the outside attorney in order to confirm that there are no limitations on the scope of the investigation and to indicate that any signs of lack of cooperation by anyone within the city are to be brought to the Council’s attention. The Sheriff’s department requested that the city hold off commencing its investigation until the Sheriff’s investigation was completed. In addition to these investigations, the FBI has been conducting their own investigation into these matters and we are cooperating with their inquiries to the city. It is our understanding that when the Sheriff’s investigation is complete, it will be forwarded by the Sheriff’s department to the Los Angeles County District Attorney’s office. The city’s investigation is now ongoing and includes all of the issues raised by the lawsuits and claims that have been filed and will also include any additional issues that may arise in the future.

While we cannot legally share the details of any of these investigations, we felt it was important to share with you that the issues in the Burbank Police Department are being taken very seriously and investigated by outside independent agencies. These investigations have been taking what seems like a very long time, but the investigators know the seriousness of the allegations and are making sure they do a complete and thorough job. We are frustrated that we cannot share more detailed information with you, but the integrity of the investigations and strict legal rules governing the privacy of police officers that may be under investigation prevent us from making any further comments.

While we know the entire community is disappointed to know that there are issues within the police department, please rest assured that the City Council is taking every step possible to make sure all of the issues are identified and that steps are taken to make sure that any problems that are identified are dealt with in a manner that insures they are never repeated. This may mean some severe consequences for any persons involved in misconduct, but we believe the integrity of our police department is extremely important to this community and is our paramount concern.

With our firm commitment to discover and correct any misdeeds within the police department, I can assure you the majority of the men and women in our police department are not involved in these issues and we would be remiss if we didn’t recognize the excellent job they do protecting the safety of our community during these difficult times.

End of statement

In the past, city council members have reluctantly acknowledge some “lawsuits” and “investigations,” but in this statement for the first time, there is public disclosure of the involvement of the FBI. The investigations are said to be looking into conspiracy charges and a pattern of corruption as well.

Recently, the call for leadership and action from the mayor and city council has become loud and demanding from Burbank residents. Now that those city officials have taken action, will it ease public fears, anxiety, and bolster confidence in the city leaders’ abilities to handle the police scandal and all of its ramifications?  At this point, we will have to just take the mayor’s suggestion, from last night’s council meeting, to ”stay tuned” and see what happens.

Photo:  FLLewis/A Writer’s Groove — Burbank Police Vehicle

The legal problems for the city of Burbank and its embattled police department got a whole lot worse this past week. On Tuesday, well-respected Ex-Deputy Police Chief Bill Taylor filed a lawsuit against the city, alleging that he was demoted to captain for drawing attention to several serious incidents in the department, including discrimination against a group of minority officers. Taylor joins four Burbank police officers, a lieutenant, and a former detective, in suing the city for alleged misconduct and unfair treatment in the BPD.

The filing of the Taylor lawsuit comes as no surprise. Rumors about it have been making the rounds in the city for weeks now. Nevertheless, the filing of the suit in Los Angeles Superior Court amounts to a legal bomb blowing up in Burbank. I have a copy of the lawsuit, so here are the major incidents cited by Taylor, which he says cost him his position as Deputy Police Chief.

FIRST INCIDENT

“During March 2009, a sworn employee of the Burbank Police Department was accused of sexually harassing numerous females at the Burbank Animal Shelter. The employee was accused of inappropriate sexual comments and gestures. When Claimant (Taylor) was notified of the allegations of sexual harassment, he recommended to Chief of Police Tim Stehr that the employee be placed on administrative leave pending an investigation. Chief of Police Stehr became agitated and demanded that the employee not be placed on administrative leave for a long period of time and ultimately directed Claimant (Taylor) to bring the employee back to work prematurely before sufficient investigation had been undertaken. Claimant (Taylor) informed the City Manager (Mike Flad) about this incident and that it was handled inappropriately on or about April or May 2009.”

The suit alleges, “… Chief Stehr’s motivation to retaliate against Plaintiff (Taylor) arises from his own personal experiences being subjected to discipline for having sexual intercourse in a police vehicle while on duty. Consequently, Stehr minimized complaints of sexual misconduct and frowned upon Plaintiff (Taylor) for reporting it and taking the issue seriously.”

SECOND INCIDENT

“Claimant (Taylor) repeatedly complained from April 2008 through April 2009, to Stehr that minority (African-American and Hispanic) probationary police officers were being singled out by the Patrol Captain (Pat Lynch) at the time, and some of his staff, for termination on account of their race. Claimant  (Taylor) was able to stop the terminations by refusing to support the record that had been unjustly prepared to support the potential terminations.”

“On or about April or May 2009, Claimant (Taylor) informed the City Manager (Flad) that some department personnel were attempting to unfairly terminate probationary minority officers.”

THIRD INCIDENT

“In or about January 2007, an IA investigation had been initiated based upon an allegation that a lieutenant, while he held the rank of sergeant, had used excessive force against a suspect. The investigation was conducted, interviews were taken, and evidence was gathered. In or around 2007 all of the documents, flash drive and interview tapes pertaining to the case that were stored in a locked office in the Burbank Police Department were stolen. The theft could have only been committed by an employee of the Burbank Police Department. In a memo to Stehr dated November 19, 2007, Claimant (Taylor) requested that an outside agency be contacted and brought into the Burbank Police Department to investigate what appeared to be a burglary within the Department by Department employees. In the memo, Claimant (Taylor) specifically requested that the Los Angeles County Sheriff’s Department and the Burbank City Attorney’s office become involved. Claimant’s (Taylor’s) request to bring in the Los Angeles County Sheriff’s Department was angrily denied. On or about April or May 2009, Claimant (Taylor) informed the City Manager (Flad) about the 2007 burglary and the Chief’s failure to take appropriate action.”

These allegations are explosive because they show a direct link to one of the most powerful officials in Burbank city government, City Manager Mike Flad. If indeed Flad had knowledge of these incidents and his actions were as described in the lawsuit, well, the city manager should find himself on the hot seat answering some pretty tough questions. Also, if Flad knew about these incidents in the Burbank Police Department, were other city hall officials aware of them as well? 

Also in my opinion, if Taylor’s allegations are true, his reactions to these incidents should have earned him a promotion and not demotion.    

Frequently, Taylor has been described as the moral compass of the Burbank P.D.  Stripping Taylor of his Deputy Police Chief position and knocking him down to captain sends a disturbing message. It says the Burbank Police Department is adrift in troubled waters without sufficient direction and guidance. A situation that could prove to be very costly for the city and its citizens.

Meanwhile late yesterday, a statement slamming the lawsuit and Captain Taylor was posted on the Burbank city website:  ”…The City intends to vigorously defend this case and seek all available and appropriate sanctions, including court costs and attorney’s fees, against Mr. Taylor for filing this false and frivolous lawsuit and defaming the reputations of the City and Police Department.” 

Photo: FLLewis/A Writer’s Groove

A human rights issue in China stirred up the Burbank City Council meeting last night. I was there for the first public comments section and heard some passionate supporters of the Chinese health and spiritual movement Falun Gong speak out. They attempted to bear witness to the persecution of the practice by China, which considers Falun Gong a cult.

During a 10 year crackdown, thousands of Falun Gong devotees reportedly have been killed, tortured or thrown into jails or labor camps. One of the speakers, Yi-Yuan Chang, claims Falun Gong is practiced in more than 100 countries, including the U.S. — and specifically in Van Nuys.

What the speakers hoped to do was drum up support for the Falun Gong victims in China and backing for the U.S. House of Representatives House Resolution 605 which recognizes the persecution and calls for an end to the campaign. Instead, they were reminded by Mayor Gary Bric several times that the focus of public comments should be Burbank City business. While they got a sympathetic response from Vice-Mayor Anja Reinke, Councilman Dave Golonski insisted their cause was outside the parameters of Burbank city business.

Meanwhile, the city council reacted more positively to a group of South Victory Boulevard merchants. The council members offered words of encouragement to the merchants who returned for a second week to complain about the loss of curbside parking and the damaging effect that is having on their businesses. Again, Burbank Traffic Engineer Ken Johnson agreed to meet with the business owners to try to come up with a solution.

 What most of the merchants want is for the South Victory and West Alameda Avenue intersection to be changed back to the way it was, something city officials seems reluctant to do at this point. Apparently the traffic changes, including a second turn lane, were the result of a 1997 agreement, which was not revisited before being implemented.

Also, activist Mike Nolan appeared before the city council again and requested new information on the police department:”How many police personnel are on administrative leave?” Nolan wanted to know how much money the city is shelling out for those leaves. Later, Senior Assistant City Attorney Terry Stevenson would say only statistics could be released to Nolan. That means no names of officers.

Oh, there’s another development in that controversial case of those so-called leaked personnel files and documents of former Burbank Police Detective Chris Dunn. Yesterday Dunn’s attorney announced in a press release the filing of a lawsuit against the city. Jim Carlile broke the story on his blog.

The lawyer’s press release says Dunn has “…  filed a detailed complaint today against the City of Burbank seeking damages and injunctive relief after the city deliberately and illegally provided his confidential personnel file to a local newspaper. ”

“The complaint discloses that the City provided Christopher Cadelago of the Burbank Leader newspaper and other members of the media and the general public confidential documents from Dunn’s official personnel file in direct violation of specific provisions of California’s constitutional privacy protections, several state laws and numerous judicial orders.”  Check out more of the press release on Carlile’s blog.

 Also, over on The Burbank Leader’s new blog, Following the Leader, Burbank City Attorney Dennis Barlow answers some questions about the confidentiality of police officers’ personnel files. Interesting reading, but I don’t think Barlow’s answers really explain the actions of the City Attorney’s Office in regards to the Dunn lawsuit.  

Photo:FLLewis/A Writer’s Groove

At Burbank City Council meetings most of the face time goes to the council members and the staff. They’re the ones who are supposed to be handling city business, therefore, they get to do a lot of the talking. Still, I get a kick out of the public comment segments where we get a chance to hear what’s bugging some of the citizens of Burbank.

At last Tuesday’s city council meeting, Mayor Gary Bric called up more than 15 people to the podium to speak for five minutes or less on city business during the first public comment period.  A young group of male BMX bike riders asked the council to allow them to take their favorite set of wheels to the city’s skate park. One skater spoke out against the arrangement saying BMX bikes would damage the park and might cause accidents with skaters. Later the city council (minus Vice- Mayor Anja Reinke who is on vacation) would vote four-zip in support of Option One, which would expand the the skate park by 1,400 square feet and allow for BMX bikes. The council members requested staff come back with some ways to fund the project.

Also, some business owners spoke out about how their street curb parking on South Victory Boulevard near West Alameda Avenue vanished with very little notification recently. The shop owners of GH Shower Doors, Burbank House of Hobbies, and Dav-Tech were among those complaining about being blindsided. The reason behind the red-lining of that section of Victory Boulevard was due to traffic lane changes at the intersection, which included a new left turn lane onto West Alameda.

Burbank City Traffic Engineer Ken Johnson admitted his department had “dropped the ball” by not giving the business owners adequate notice about the street parking change: “I do apologize to the property owners.” Also, the shop owners got quite a bit of sympathy and promises to try to help ease some of their parking headaches from councilmen Dave Golonski, David Gordon, and Mayor Gary Bric.  

A number of the regulars took to the mic as well Tuesday night, most notably Esther Espinoza and Mike Nolan. Mrs. Espinoza made a heartbreaking emotional plea for help from the city and surprisingly, got no response from the city council. Oh, a staff member did offer Mrs. Espinoza some tissues to wipe her tears. Sure, her family issues may not be city related, but someone on staff should be able to help this Burbank resident get the aid she needs through the right agency. The city should really forget past grudges, step up and show some compassion in the case of Espinoza family.

As for Mike Nolan, the Burbank City Attorney’s office provided him with a list of 10 law firms, which have billed the city for police-related matters since 2004. Nolan had been asking for this type of information for weeks. The bottom line cost, $524, 005.35. Yes, a cool half-million bucks. Copies of the list were available to the public at the city council meeting.

Nolan pressed the city to reveal to the public what the reasons are behind those legal costs.  Nolan said it’s  ”…time to tell us what’s wrong…” in the police department. Many others agree with him, still we’ll have to wait and see if the City Attorney’s Office provides any background data on the list.

 Also, Nolan held up a document he said was from former Burbank Police Detective Chris Dunn’s personnel file and that it had been leaked to a local newspaper. Nolan asked, “How did that happen?” Nolan pushed even harder for answers during the second public comment section at the end of the city council meeting, but he didn’t get very far in his quest.

Now, Chris Dunn and his attorney, Solomon E. Gresen, have taken up the issue of those suspected leaked documents. Yesterday, Dunn filed a claim for damages against the city of Burbank. The claim alleges: “On or about July 16, 2009, Claimant Christopher Lee Dunn’s private personnel file and documents contained in that file were disclosed to Christopher Canelago of the Burbank Leader and other members of the press and general public.”

The claim goes on to say that “… the public employee or employees causing his injury, damage or loss include, without limitation, Dennis A. Barlow and Carol A. Humiston of the Burbank City Attorney’s Office, among others.”

You might remember that on July 16, Dunn became the sixth former or current Burbank Police Office to file a discrimination lawsuit against the city. On Jim Carlile’s blog there’s a press release from Dunn’s law firm with more on both legal actions.

Photo: FLLewis/A Writer’s Groove

The Burbank Police Commission’s July meeting yesterday at the Burbank Police and Fire Headquarters was very difference from the previous month. In June, the commission voted to adjourn before conducting any real business because of a cloud of uncertainty hanging over newly appointed commissioner, John Brady.

In a controversial move, the Burbank City Council voted to remove Brady from the police commission citing his probation for  a DUI as the reason. Nevertheless, the human rights activist showed up at yesterday’s commission meeting and sat with a small group of local citizens.

This time around, a written agenda was handed out to the public and those wanting to speak to the commission were given the chance during oral communications. Oddly, the June commission meeting did not have oral communications, even though the printed copies of the minutes of that meeting stated otherwise. Burbank resident David Piroli pointed this out to the commission, which acknowledged the error and said it would be corrected. The written minutes are the only official records of the police commission meetings.

The commissioners may have been a bit apprehensive when Brady stepped up to speak for five minutes. Brady soon put them at ease. There was no rancor or anger from him. Brady spoke politely about the importance of the commissioners handling their duties responsibly, “…power should not be taken lightly  …” and then, wished the commission well. Burbank resident Ester Espinoza used her five minutes before the commission to lay out some of the long running complaints she has about what she believes is  mistreatment of her family by the Burbank police.

The most hard hitting speaker was long time resident Mike Nolan who began by admitting, “I’m really pissed off.” Nolan proceeded to explain he has been asking a series of questions at Burbank City Council meetings for weeks and so far has not received any answers. Nolan’s questions pertain to the alleged lawsuits and investigations swirling around the city. For the commission, Nolan laid out the questions again, which included: “How many lawyers have been hired” to deal with the investigations? “How many law firms?” “When did you hear about the cowboys or cowgirls?”

Burbank Police Chief Tim Stehr responded by saying, “…not to my knowledge —not to my staff knowledge…” to Nolan’s question about a subversive group in his department. Both Chief Stehr and Burbank City Attorney’s Juli Scott attempted to assure Nolan that the information he requested was being gathered. Attorney Scott told Nolan he would probably get the information “… before next Tuesday’s” meeting of the city council.

Next, the commission elected new officers. Only five of seven commissioners were present: Robert Frutos, Hagop Hergelian, Claudia Bonis, Elise Stearns-Niesen, and James Etter. The Burbank City council has not appointed a replacement for Brady. Nathan Rubinfeld was absent, however, that did not stop his fellow commissioners from electing him vice-chairman. An odd decision, since Rubinfeld was not there to either accept nor reject the nomination for office. Also, Stearns-Niesen was elected secretary and Frutos chairman.

It appears the police commission and the police department have heard public concerns about the effectiveness of this board. There was quite a bit of discussion about the duties of the commission and how to stay connected with Burbank residents. Attorney Scott handed out memos on meeting procedures and an overview of the California Brown Act, which requires local government bodies, boards, and commissions to hold open public meetings. Also, Stearns-Niesen introduced a motion to request the city council to change the commission’s quarterly meetings to monthly. That motion passed four-to-one with only Bonis voting against it.

Also, Chief Stehr and members of his staff gave reports on crime statistics, budget, and recent activities in the police department. The most disheartening was an update on the Kitty Pants caper. Stehr reported that the latest efforts to get the adoptive family to give Kitty Pants back to its original owners, Amy and Jim Roach, have failed. So it looks like Kitty Pants will not be coming home any time soon.