OPINION MATTER ONLY

During these difficult economic times, I think we all dropped our jaws when we heard that the City Attorney’s office wanted over one million dollars to bring in outsiders to help revamp our Police Department. The problem, however, is that the issues go much deeper than alleged behavior of the peace officers. The problem sits with the administration and the policies they have set. Years and years of ineffective polices have slowly eroded one of the best police forces in the state. Mary Alvord, Mike Fladd, Juli Scott, and Dennis Barlow appear to be the ones responsible for the downfall. In fact, recent findings forced the Los Angeles County Sherriff’s Department to end their investigation fearing that their results would lead them to a higher office.

There is no greater conflict of interest than Juli Scott apparently training the rank and file about harassment and then concluding the lecture with a stern lesson…if you sue the City we will fight you, to the bitter end. For over a decade she has counseled the Police Chief and the Police Commission, trained the police force and yet must then defend the City against the same individuals in a lawsuit. The thought that a member of her office staff is married to a police officer is unbelievable. I certainly hope that her public braggadocio about Burbank’s Nepotism was a joke and not her moment of pride. She is lucky not to be named in any of the current lawsuits. Mr. Fladd tends not to care about former Chief Stehr’s indiscretions because it was “many years ago.” That behavior will be the dyke that breaks the dam.

Now I beg you to imagine a city filled with a unified rank and file in its Police Department, represented by politicians who vote their conscious, and city administrators and attorneys who have no conflicts of interest. That fantasy can become a reality right here in Burbank, California. We were all saddened and troubled when we read about the death of an honorable police sergeant. I am disheartened that the turmoil within the department is so bad that certain police officers were banned from his funeral service. Imagine that good citizens of Burbank, a guest list for the funeral of a police officer.

The rank and file is so divided that there are the “pot-stirrers” who constantly write memos to the City Council which contain so much irrelevant information, that these memos are more like the script for “Much Ado About Nothing.” There are also those facing disciplinary complaints and investigations. In response, our city attorney brings in an outsider to run the internal investigation. This retired Police Chief from Northern California is alleged to have already made factual findings before even interviewing the officers accused of misconduct. He is hired by the city and thus reports to the city. How can that be an impartial investigation if the City is the one truly at fault? And to top this off, City Attorney Barlow gets quoted in the press saying all the officers are lying. Not only does this walk a fine line between group defamation and ignorance, but I am guessing Barlow was present for all these incidents and can personally determine who is being forthright.

However, our biggest flaw is relatively simple. Why does this city not have an anti- nepotism policy? Is it true that a former City Manager was romantically involved with a member of the Park and Recreation Department? If so, one would hate to see what the insubordination punishment would be… sleeping on the couch perhaps. Is it possible that a newly elected councilwoman demand her daughter be hired by the city? What if Asst. City Attorney Juli Scott’s secretary was married to a Burbank Police Officer. Juli Scott is basically the “lawyer” for the police department but she must also decide whether to settle any of the current lawsuits or whether to waste more taxpayer dollars fighting a losing battle and trying to “circle the wagons” as she has been known to say. How did she answer questions directed at Police Chief Stehr when the police commission asks him pointed questions? Ethically and professionally, this is a conflict of interest greater than anything I have ever seen.

I am both an attorney and a resident of this great City. But I remain a concerned citizen. Why is it when Councilman Gordon suggests Chief Stehr resign, some members of the City Council were able to take time from re-inking their rubber stamps to call him a grandstander. The police force is broken; one man of honor took his own life. No matter what your personal belief, it was time for the Police Chief’s departure, and probably Fladd, Scott, and Barlow as well. How can the Chief prevail if his rank and file wanted him gone? There are just too many questions that have gone unanswered. Chief Stehr selected Bill Taylor as his second in command because he was “squeaky clean.” The advice Stehr was given was to surround yourself with honor to hide your own dishonor. And now Taylor is the one on administrative leave. Shame on all of us.

Did our Fire Chief get fired or did he run to his doctor for a note putting him on medical leave? This City is in disarray and whether the blame is justified or not, it calls for a change at the top which includes the mayor, the police chief, and the dynamic duo of Barlow and Scott. Why did it cost the city’s attorneys almost $37,000.00 to draft a motion to dismiss the lawsuit against Barlow for publicly outing a police officer? Any law firm could have done the same for under $5,000.00. Why does this city terminate employment for soldiers on active duty? It is time for a call to action. Cleaning the slate is the only way for this city to start fresh and clean.

We need to demand the resignation of Dennis Barlow, who recently withheld the findings of the Attorney General from one of the council members. Keep in mind, the City Charter mandates that the City Council direct the City Attorney how to prosecute and defend matters. Let us also remember that Mr. Barlow changed his story, telling the public he was waiting for a written opinion, knowing full well that one, he never made such a request to the AG, and two, the AG does not issue written opinions in that fashion.

The city charter was re-written a few years ago in part as a response to the election of Councilman Gordon. The police commission was stripped of authority. It was a power grab warranting the re-naming of our city to Burbank D.C. What would happen if an independent investigator listened to the tapes or read the minutes of the City Charter Commission meetings? Now, rather than just list why the city is broken, I am also compelled to suggest what we can do. A new Police Chief is needed, one that respects the rank and file and will not put anyone on administrative leave if they fail his loyalty oath. Two, give the Police Commission independent power (look how well they did in the City of Los Angeles, with the power to narrow the list of police chief candidates to three). Next, remove any and all City Attorney interference from the independent commissions. Three, draft an anti-nepotism policy manual for the entire city. Ask the City Attorney for a monthly accounting of monies spent defending the police litigation. I cannot understand why the City has hired two or three other law firms to handle the litigation costing the City millions of dollars. The time has come to start over. The foundation is there, we just need some remodeling.

David D. Diamond
Attorney and
Executive Director, www.SaveBurbank.org