Photo: FLLewis/A Writer’s Groove — Burbank 

Judgment in the Burbank PD

For several days, I’ve been hearing about some ominous letters handed out to some members of the Burbank PD, the result of information gathered during those hush-hush investigations for alleged misconduct in the department. A source tells me that those who have received letters include Sergeant Chris Canales, Officer Nick Nichols, Detective Mike Reyes, Officer Elfuego Rodriguez, Lieutenant Omar Rodriguez, and Officer Tommy Perez.

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

Apparently these letters put the recipients on administrative leave. I’m told all of those listed above are in jeopardy of being fired. The word is Burbank Police Chief Scott LaChasse has issued a warning that more judgment letters are expected to go out to certain department personnel this week. I’ll have more on this later. Also, check out Jim Carlile’s post on his blog about the BPD letters.

UPDATE:  A response from the city posted on its website at 3:30 p.m. today.  Read it here.

City Statement on Burbank PD Independent Investigation Concluding
Burbank, Calif. (March 29, 2010) 

In April of 2009, the City retained retired police Chief Jim Gardiner to conduct an independent investigation into serious allegations that had been made against certain police officers in the Burbank Police Department.

The independent investigation the City requested is now coming to a close, and will be moving onto the required administrative process. Because of the strict personnel confidentiality requirements, the City is limited in the information it can legally provide to the public.

The City has taken every effort to make sure that the investigation and its results are objective and fair. During this entire process, the consistent direction from the City Council was always to “follow the trail wherever it leads.”

The results have been reviewed by private attorney Rich Kreisler, who has significant expertise in police investigations, multiple members of the City’s legal team, Interim Police Chief Scott LaChasse and his staff and two well-respected outside attorneys (Merrick Bobb who served with the Christopher Commission and former United States Attorney Debra Wong Yang).

Interim Chief LaChasse, a 32-year veteran of the LAPD, will be responsible for issuing any personnel actions.

We urge the public to be patient and allow the process to proceed to its legal completion. Our citizens can be assured that the vast majority of the officers in this department are dedicated public servants committed to the safety of Burbank and have served the community with integrity and courage.         

###

Race for the vacant seat in the 43rd Assembly District

Over the weekend, I got more of those expensive looking campaign flyers in my snail mail box from the Mike Gatto and Nayiri Nahabedian camps and their supporters. Also, at least one candidate phone pitch from the Gatto folks.

 I’m not a fan of political phone calls, but I do read campaign literature. Again, most of what I got concerned the Democratic front runners, Gatto and Nahabedian. I have to mention, both candidates have been criticized for allegedly, ah, embellishing their credentials. This kind of criticism could end-up hurting both candidates.

Last Wednesday during the candidates’ forum for the 43rd Assembly District, sponsored by the Glendale/Burbank League of Women Voters, Gatto made a good showing and Nahabedian did well, too. The third Democratic candidate, Chahe Keuroghelian, was just okay. The fourth candidate, Republican Sunder Ramani, was smooth and articulate in answering questions. Republicans are a minority in this district, but Ramani is still a strong candidate.

I’ve received my sample ballot for the special primary election on Tuesday, April 13. Interestingly, the only candidate statement included is from Ramani who also appears in the top spot on the ballot. By the way, if you want to vote by mail you gotta get your application in by April 6. 

Photo: FLLewis/A Writer’s Groove –Burbank City Hall

To gate or not to gate, that was the question

Meanwhile at last Tuesday’s city council meeting, Republican Assembly candidate Sunder Ramani wore his private consultant hat. Ramani led the charge to try to convince the city council to approve a gate to the entrance of the hillside housing tract, the Burbank Hills Community. They’ve got their own private roads and recreational facilities up there near Brace Park.

In the past, the city council has rejected the gate proposal, saying it would hamper access by emergency vehicles. This time around, the proposal contained new technology to address the old issue of emergency access along with a 24-hour guard. The council still turned thumbs down on the gate as unnecessary in a 4-to-1 vote.

Mayor Gary Bric was the only “yes” vote.  Apparently the other council members did not buy the complaints of crime, fast cars, and safety concerns by some residents/speakers, so they denied the gate request. Check out the discussion about the controversy and some, ah, side issues, over on Jim Carlile’s blog.

Burbank Bargains

I happened to drop by the McDonald’s at Reese Place and Olive Avenue last Friday night. A long line of vehicles stretched from the drive-thru window around the restaurant and nearly into the street. Found out many customers were taking advantage of the fillet-o-fish special. Usually $3.59 each, except on Friday when the price drops to a buck-twenty-nine. This is how the big chains stay in business and make profits during a down turn in the economy. They offer the kind of bargains that draw crowds.

Neighborhood markets

More grocery markets popping up in Media City and that’s a good thing. Magnolia Fresh Market, which is really at 418 Glenoaks Boulevard near Magnolia Boulevard, is opening soon, according to signs plastered on the storefront. 

 Also on Glenoaks, near Providencia Avenue, the old 20/20 Video store is being converted into the Glenoaks/Providencia Grocery Store. Then over in the Rancho area, the new Fresh and Easy Neighborhood Market is getting read to open its doors on April 7th, at the location of that old CVS Pharmacy near Verdugo Avenue and Reese Place. This is a perfect place for a market. Plenty of store space and parking.

Hopefully these new markets will take some of the pressure off the Trader Joe’s on Alameda Avenue. It sure would be nice to be able to easily find a parking space and not be bumping carts with shoppers inside the almost always crowded grocery store.  

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.

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.

 Are Zhu Zhu pets safe?

Zhu Zhu pets, the robotic hamsters that talk and move, are at the top of a lot of wish lists this holiday season. Recently, a California-based consumer watchdog group’s website reportedly sparked a controversy when it claimed there is a potentially harmful level of metal in the Mr. Squiggles model.

Now, the U.S. Consumer Product Safety Commission has weighed in on the controversy, declaring Zhu Zhu pets are in line with toy standards. The latest on the story here.

Providence St. Joseph Medical Center being investigated by the feds

The U.S. Food and Drug Administration has expanded an ongoing probe into suspected radiation overdose of patients to include St. Joseph.

The focus is CT brain perfusion scans. Perhaps as many as 34 patients may have received the radiation overload at the Burbank hospital. This is the third medical facility in L.A. county to be included in this probe. The complete story on the L.A. Times website.

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: 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

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.

Photo: FLLewis/A Writer’s Groove — Burbank City Hall

In the course of business as usual at last night’s meeting, the Burbank City Council made some decisions involving issues which are continuing to generate debate and controversy. During public comments, Jose Sandoval, a volunteer coach for the Burbank Parks & Recreation Department for 16 years, returned to speak to the council members again.

Sandoval coaches five teams and about 80 kids, mostly from low income and single parent homes. Some of the baseball players are physically challenged as well. On May 18, 2009, Sandoval got into an altercation with an umpire and was ejected from a game. Sandoval was suspended for the rest of this season, despite a lot of protest and pleading from parents and his players. Many of the parents claim Sandoval is being treated harsher than other coaches in similar situations. At a hearing on June 8, arranged by the Parks & Recreation Department, that suspension was upheld and extended until next May, according to Sandoval.

Sandoval asked for the council’s help in getting documents from that hearing before his day in court. That’s right, a dispute with a baseball umpire has become a criminal matter. Sandoval got a letter on Monday, June 22 ordering him to appear in Burbank Superior Court on July 2, 2009 to answer to a misdemeanor charge of battery, Section 242 of the Penal Code.

The city council members and City Attorney Dennis Barlow said they were unaware that Sandoval was being prosecuted for his involvement in that altercation. Still, the beleaguered coach was assured he would receive the documents he requested by tomorrow.

Also, speaking during public comments, long time Burbank resident Mike Nolan, who demanded to know, “how much money,” is being spent on lawyers and investigations and “how many claims” are there against the city. Nolan has asked these questions before. However this time, after some discussion about  ”preserving the integrity” of the investigations, the council and city attorney grudgingly agreed to provide Nolan with some information.

Later in the meeting, the council voted 4-to-1 to include an addendum to the police commission application. That addendum would include three items requiring applicants to reveal if they have been convicted of a felony, a crime of moral turpitude or have been on probation. Councilman Gordon, who voted against the addendum, pointed out the police commission application never asked these sort of questions before and, “… I don’t think the city has suffered for it.”

Council Member Anja Reinke argued the addendum would help  ”… protect the city.” When Gordon suggested the answers to the questions by the candidates could taint “…their reputations.” Reinke led the charge to have the addendum classified as confidential, something the city attorney said he would have to check to see if they could do legally.

Gordon opposed the confidentially, saying it sends the wrong message when the council should be about providing transparency, especially in light of the council’s controversial removal of John Brady from the police commission. Council Member/Mayor Gary Bric countered by saying he has received, “…very positive feedback” to the way the council ousted Brady from the police commission. Applicants are now being sought for consideration to fill that vacant seat. It will be interesting to see who steps forward and volunteers to go through this dubious process.