Supporters back embattled Police Chief MacKinnon, question Council

May 11, 2012
Santa Paula City Council

An overflow crowd of supporters attended Monday’s City Council meeting where speakers urged that Police Chief Steve MacKinnon be returned to his post and questioned the motives behind the investigation that led to his being placed on paid administration leave.

Off-duty Santa Paula Police Department officers - who issued a statement of support for the chief within days of his being placed on leave - and other personnel reportedly watched the hearing from the Police Station.

After a warning from Mayor Bob Gonzales that any “disruptive or disparaging” remarks directed to staff could lead to a speaker’s removal from the Council Chamber, more than a dozen speakers urged that the chief be returned to his post. 

There were no warnings though for speakers disparaging the chief’s supporters, described by one speaker as exhibiting a “mob mentality” and questioned by another, who asked if the underlying motive for their advocacy for the chief might be racially motivated because Jaime Fontes, the city manager, is a Latino.

MacKinnon, appointed to the position in November 2005, was placed on leave April 17 following an investigation that began in January initially centered on his use of a city vehicle. The investigation widened to include gas credit card charges and time sheets that cover a 20-month period. In all about $2,800 in city credit card purchases linked to trips to MacKinnon’s Arizona home were documented, and about 112 work hours disputed on a time sheet analysis. 

Fontes has remained mum on the issue, citing personnel confidentiality law, while the council has claimed they have no information on the issue although the data sheet was released by the city on April 23 following media requests for public information.

Gary Nasalroad, co-chair of Supporters of Chief MacKinnon, said the action of placing the chief on leave was “controversial and damaging,” and “I strongly think that an action as dramatic as this could not take place without the City Council’s knowledge.” He noted MacKinnon’s “long list of accomplishments,” about 50 displayed on a poster near the podium.

When it was announced that MacKinnon had been placed on leave, Nasalroad said, he was “shocked, angered and saddened,” especially as “Administrative leave is little more than a polite euphemism” for being fired. “My first thought was why would anyone want to publicly humiliate the chief,” who has garnered wide respect and admiration. “I cannot think of any recent action by the city that has been so detrimental and divisive to our city.”

MacKinnon has created a strong department and been strongly engaged in the community, and the action against him “is a huge public relations black eye,” for the city. Nasalroad said “presumed” allegations are “contractually and legally defensible,” and the matter could have been handled “without destroying a man’s career... I don’t think this needed to happen and I believe this action was deeply personal and not based on performance.”

MacKinnon fulfilled the obligation of policing to not only “catch the bad guys, but also serve the public. MacKinnon is the best of both worlds,” and Nasalroad said the action was a “disservice to the city and a tragic mistake... we really would like to have our chief back.”

Larry Sagely complimented the council and city manager and said he disagreed with the chief’s supporters, noting the “silent majority” believes differently. He congratulated the council and Fontes for following the law and current city regulations and noted, “It’s not lost on a lot of people that you are between a rock and a hard place.” It is officials’ job to obey the law, and Sagely said if the city choose not to “they could suffer consequences far worse for the city... my advice is keeping doing your job.”  

Sagely said he was “concerned” that although Fontes is “on the front lines” and is “going against longstanding friendships,” he has been a good city manager and the city is now “far, far better off.” When he saw the published data Sagely said it warranted an investigation into an issue involving totals of about $10,000. The chief should be “setting an example,” and he urged that the investigation run its course.

Sagely said, “One concern I really have is that to the best of my knowledge this city manager is the only” Latino “in the history of the city. Sagely repeated twice, “This is a question, not a statement,” before he added, “My question is could there be a degree of racism going on here, and with that I will leave you.” The comment brought some hisses and laughter from the crowd.

Citizens Supporting Chief MacKinnon Co-Chair Anita Pulido noted her long involvement in public safety issues, including service on the interview panel that hired MacKinnon. “I am impressed and admire his efforts in strengthening our police department... public safety in a diversified manner from the bottom up to reach maximum results.” Pulido said, “Things should be done in private, and we made headlines because a cornerstone of Santa Paula” was publicly attacked.

Citizens, she added, would want answers to how much the investigation cost taxpayers, when it started, and “why our chief was not placed on administrative leave at that time. Why was this not stopped immediately” when credit charges first appeared, “instead of allowing this to go on?”

She noted “a significant conflict” between statements by Fontes and the council about knowledge of the issue, and she asked at “what point was the council made aware” of the investigation. Pulido also questioned if Fontes met with the chief prior to the investigation to ask about the issues.

“The chief’s” employment letter notes he had personal use of a vehicle, and Pulido said he was not receiving the $350 monthly stipend accorded department heads, when Gonzales said her time was up. “Can I finish?” asked Pulido.

Said Gonzales, “If I allow you I would have to allow everybody else” to exceed time limits.

MacKinnon, said Linda Pennock, vice president of the Santa Paula Theater Center board, has created a safer community for theater patrons - many who now come from out of the area - as well as for the community. “We regard Steve as a model citizen.”

Mary Ann Krause, a former councilwoman and mayor, told the council she was interviewed by the investigator about allegations against MacKinnon, and there “certainly appeared little substance” to the questions posed in the interview. She said she was “greatly concerned” about the response of both the council and Fontes, as, “You were obviously caught unaware about a concern or question about the use of a car by the chief.” 

Although perhaps understandable, Krause said, “over the couple of years the city manager has been here he has had the opportunity to meet the department heads, and he should have done personnel reviews during that time to be familiar with the terms of his chief department heads’ terms of employment.”

When MacKinnon was placed on leave, “That completely changed the complexion of the investigation, created suspicion around chief,” and the data released is not conclusive. She noted, “What I question is why did the chief not have personal allowance” for vehicle use.

Gonzales said Krause’s time was up, and she questioned why she was not allowed the same time as other speakers. Krause said any attempt by the city “to show the community the chief is not doing his job is not going to work... they know he’s been pulling shifts at night to avoid paying overtime,” in addition to his normal long work hours. Considering his comparatively low salary, Krause said MacKinnon is “doing this community an immense service,” and is respected by other law enforcement agencies that are “glad someone is finally getting the job done in Santa Paula.”

Amid the crowds murmur, Gonzales said that public comment would be three minutes, “which has been the standard for these council chambers,” although he mistakenly had allowed the first few speakers five minutes.

Bob Borrego, a co-founder and former long time president of Latino Town Hall, said MacKinnon is “a hero to me and a hero to the Casa de Mexicano,” whom MacKinnon helped in time of need. When the Casa lost their liquor license and its ability to hold fundraisers and rent out the historic hall, Borrego said MacKinnon worked closely with the Casa and others on many levels to fix the problems. Later Borrego said the Casa donated $2,000 to the SPPD K9 Unit in appreciation for MacKinnon’s efforts.   

“Ever since the chief was placed on leave there has been so much community shock and sadness,” and Connie Tushla said it is obvious that the investigation is “way too much about way too little.” Santa Paula’s countywide lead in annual population increase could also be attributed to strong public safety, but Tushla said MacKinnon has improved the city in other ways including his involvement with Singular Santa Paula.

The online and cable television programming that highlights different aspects of the city and its residents has proven to be a positive marketing tool that Tushla, the executive producer, said MacKinnon has a lead role in as senior director. “Without his participation we will have to cancel” Singular Santa Paula. MacKinnon, she added, is admired countywide and is “an exemplary chief of police.”

Tushla questioned why the city now has interim leaders of various departments, “good people,” but not holding the professional qualifications required. She asked how much the city is spending on supplemental consultants, and noted the upcoming move to perhaps replace the law firm representing the city.

The chief, she noted, “does the work of five people.... Wise men make mistakes, wise men correct mistakes. A vote to remove Steve MacKinnon would be a vote against excellence.”

Andrew Castaneda had praise for the council and said they should not give in to those “who want to bully you in your final determination on this matter.” He also noted the “mob mentality” of MacKinnon’s supporters and urged the council to use those “cojones that were entrusted to you.”

“I’m here as one of the mob,” said Dr. Richard Tushla, who said the action against MacKinnon was “painful, divisive, harmful, and so petty and avoidable from my perspective.... Take a deep breath and say let’s just do what’s right.”

Betsy Blanchard Chess said she is a fourth generation Santa Paulan, now living in Ventura, who has worked with MacKinnon on the annual Moonlight at the Ranch event benefiting public safety. “I came for the party” and then stayed “for the amazing organization,” the committee headed by MacKinnon that has created Ventura County’s signature event and raised more than $250,000 for public safety.

“I’ve never seen a leader as energetic, as creative, as hard working as Chief MacKinnon. He is the best, the essence of Santa Paula.” Chess told the council, “The real Santa Paula is better than this. Please stop what appears to be a tawdry little witch hunt, and reinstate the chief.”

More speakers followed: Pastor David McKeever said MacKinnon spearheaded the Police Clergy Council that helps brings peace to the city, and has created positive programs ranging from intervention in senior abuse and helping the incarcerated to school children. He noted there is “no mob uprising, but I am concerned the peace of Santa Paula has been disrupted,” and McKeever said his prayer for the city is  “that resolution comes quickly, may God’s peace return to our city.” 

“I am not a bully, but I am pissed,” said Bob Orlando, who disputed Gonzales remarks to the media that MacKinnon received a certificate of appreciation presented by the Chamber because of the chief’s “obvious support of their interests.... I interpret this” as meaning the council and Chamber have different interests when it comes to the betterment of Santa Paula. “Please resolve this matter quickly,” he added, “and to the betterment of this community.” 

Robert Bayer said he is a former prosecutor and attorney who has experience in employment matters and who was a member of the Police Management Audit Committee, a study done before MacKinnon joined the force. MacKinnon carried out the report’s recommendations, and has “done an exemplary job... I support almost everything I’ve heard about the chief.”

A wise manager, said Bayer, “evaluates things in context,” and “every day the chief is on suspension there is one less officer on the street.... This community can’t have that,” or dissension in the Santa Paula Police Department. “It is costing this community emotionally and financially having this matter drag out,” and Bayer urged that the issue be resolved “to the good of the community, and bring the chief back.”

MacKinnon has gained respect as a chief and community booster, and Marleen Canniff said the council also works very hard. But, “Something is not working here,” and “from the get-go” the investigation has not allowed the chief to “retain his dignity; this almost has been like a public display to humiliate him.... I can only turn to the council and request that this not become more of an embarrassment,” as they will be held accountable.

Tisa Grant gave her time to Anita Pulido, who continued her questions to the council including whether or not the body had any suggestions of input to Fontes on the issue, and whether or not the city manager had met with MacKinnon to discuss general SPPD issues. She also questioned whether or not the council had requested such a report. 

“I know that all the people that should have been interviewed” for the investigation were not, and Pulido said the situation “reminds me of that incident long ago, stripped of His garments by elected officials.”

Talia Wunder said against the advice of people outside the area she moved to Santa Paula, where she opened a successful business. MacKinnon’s efforts, she noted, have done much to improve the city’s reputation, and she questioned why the media had information about the details of the investigation that the council claimed otherwise.

Santa Paula Animal Rescue Center President Dianne Rowley said the ribbon cutting at the county’s first no-kill animal shelter is coming up, and that much of the credit for the organization’s creation is due strictly to MacKinnon’s “tireless efforts” over a period of more than two years. She noted, “When we have our ribbon-cutting May 26 we will consider it a real shame if Chief MacKinnon in his official capacity as chief of police is not there holding one end of that ribbon.”

Steve Smead said he is “looking for the truth,” and said his own dealings with the chief have been “nothing less than professional; and I agree with statements about what he has done.” But the truth “has to come out as soon as possible,” and it is up to MacKinnon to clear his name by releasing the details of the now released investigation. “He is the only person who can clear this up quickly,” whether good or bad, and Smead asked, “Please resolve this issue as promptly and fairly as possible.” 

MacKinnon’s betterment of the Santa Paula Police Department helped overcome outside perceptions, and that, Leslie Nichols said, benefited Santa Paula Theater Center theatergoers. “So I was pretty horrified when I was driving home” and heard a radio news report on MacKinnon’s being placed on leave, “and no one was talking.... This extreme action besmirches a man who not only is doing his job well, but also helps create an environment” of strong public and community service. People are aware of the duties of the chief of police and, she added, “Many of us know this man and this action seems punitive... and as a citizen I feel compelled to protest.”

Nils Rueckert, chairman of the SPPD Police Memorial Committee, said Police Department respect for MacKinnon is obvious. “I saw him as someone on duty 24 hours a day, fulfilling a critical official role in our city,” as well as a strong advocate of community events where “you could not miss that sharp uniform and his always immaculate appearance, but he just tried to blend in, simply working - the key word is working - alongside others at these events.”

Rueckert said he views MacKinnon as “someone who is obviously very proud of and dedicated to his profession and the Santa Paula community. Our Police Memorial is a reflection of all the qualities you hope for in a police officer - professionalism, putting your life on the line, setting an example, dedication, caring - all qualities epitomized by Chief MacKinnon.”

Mark Hanson was interim police chief when MacKinnon was hired, and later became his assistant chief. “When Steve came I helped him get up and running, and have great respect for the man.” Hanson said the city has a record of “past practices” in dealing with spending that might be questionable.  

Once an officer’s $300 city cell phone bill was questioned and resolved, “life goes on.... Steve MacKinnon always says ‘Let’s do the right thing.’ I ask you to do the right thing,” said Hanson, and “put him back to work for the people of Santa Paula... any time he is not on the job we are losing.”





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