Commentary: Councilmen should drop police union from their lawsuit
Some perspective is needed in the wake of two private investigators being charged relating to tactics they allegedly directed toward Councilmen Jim Righeimer, Steve Mensinger and Gary Monahan.
As the Daily Pilot reported, no Costa Mesa police officer has been accused of a crime. Yet our officers have been labeled thugs and worse by the city councilmen and their supporters. This caustic rhetoric is damaging Costa Mesa’s reputation and compromising our public safety.
According to reports, in 2012, the Costa Mesa Police Officers’ Assn. asked its law firm of over 10 years to conduct “candidate research.” This is neither surprising nor improper. Candidates for the Police Department are subject to background investigations.
When I ran for City Council in 2012, I expected that research was being done on me, including legal surveillance. Indeed, in 2012, supporters of my opponents also hired a private investigator to videotape people suspected of stealing campaign signs, leading to the prosecution of a city employee, who eventually was acquitted of all charges.
Making a false DUI report about Righeimer and allegedly putting a GPS tracking device on Mensinger’s car are improper tactics, and the two accused private investigators should be held accountable, if they are found guilty. Again, however, no Costa Mesa police officer has been accused of any crime because the district attorney stated there is no evidence that they had prior knowledge of the private investigators’ actions. The police association simply engaged a law firm to research candidates.
Candidate research is not illegal, even if designed to dig up dirt. The democratic process benefits from thorough, lawful investigations so we know the truth about candidates before voting. Such investigations have caused the downfall of campaigns, such as those by Gary Hart and John Edwards.
Clients are entitled to rely on their lawyers to perform their services legally and ethically. It appears that the police association’s law firm let it down in this instance. As soon as that became apparent, the association fired the law firm.
The association has cooperated with the criminal investigation. Despite their right to invoke the 5th Amendment, its representatives testified before the grand jury. They waived the attorney-client privilege and produced emails with their lawyers, including one referring to former-Mayor Eric Bever as an “idiot” and another speculating that Mensinger is a “doper.” These emails are embarrassing but not illegal.
Finally, there is the issue of Mensinger and Righeimer’s civil lawsuit. In the best interests of Costa Mesa, the police association should be dropped from the lawsuit. The district attorney is diligently prosecuting the case, and the police association has cooperated with the prosecution.
Mensinger and Righeimer have declared publicly that they are not after monetary damages. The lawsuit creates a conflict of interest that prevents Mensinger and Righeimer from participating in ongoing contract negotiations with the Police Department.
Also, the lawsuit, coupled with the harsh rhetoric directed at our police officers, hampers the city’s retention and recruiting efforts, which are very important now that our police force has fallen below 100 active sworn officers and Chief Tom Gazsi recently retired.
I don’t blame the councilmen for their outrage at the actions of the two private investigators involved. And they are understandably upset that police officers tried to dig up dirt on them. However, despite these hard feelings, our leaders should act with restraint and perspective for the good of the residents they are sworn to serve.
Attorney JOHN STEPHENS lives in Costa Mesa.