Community Commentary:

Editor’s note: This is the first of two parts. The second part of the letter will run in next Sunday’s Pilot.

For perhaps too long now, I have stood by and watched the dynamics unfold surrounding the ongoing drama at my former police department with disappointment — and a measure of disgust.

Before I get to the point of my intended comments, I feel an obligation to set my own record straight, since I’m sure some who will react to my opinions will continue their effort to try to damage my reputation in order to silence the criticism, supported by the press articles that seek to feed on controversy without providing a complete and accurate presentation of the facts.

While no organization is perfect, despite a recent trial which resulted in an award of over $1 million to an individual in the department claiming he was not promoted because of his “perceived sexual preference,� in my opinion, the jury clearly got it wrong — which is not the first time that has happened in my 38 years of watching the justice system in action. Whenever some people don’t get what they think they deserve, their first reaction is to find fault with someone else, rather than looking inward at their own shortcomings; and it’s never too difficult to find a few supporters in any organization to amplify those allegations. The bottom line is there is no “entitlement� to promotion. Just because someone does an acceptable job at one rank, does not mean they would be the best candidate for ascending to the next.

To also suggest that the Newport Beach Police Department, as an organization, is “homophobic� is simply not true. The majority of people in the department are good, caring individuals who work side by side with their colleagues, some of whom are gay and that I knowingly hired, protecting each other from harm’s way.

And finally, those who allege that only individuals who shared my “deeply religious principles� got promoted, I ask them to cite one example where anyone in a work setting or elsewhere ever had a discussion with me regarding religion (theirs or mine) or my principles surrounding it. It never happened. Once someone passed the selection or promotional process and appeared on the Civil Service Eligible List, I was charged with making a final decision from the top three candidates. In making that final decision, I was absolutely looking for someone who had a set of principles and values (regardless of whether they were centered in their religious beliefs).

I suspect those whom we served in the community would share that perspective as well if they were making the selection. What about looking for qualities of honesty, integrity, compassion, fairness and the ability to be a role model as a candidate is something of which to be ashamed? To the contrary, I’m proud of that effort on the community’s behalf.

Now to the present. What is occurring in the organization is absolutely wrong, unfair to Chief John Klein and self-serving on the part of some in the department. In the Newport Beach Police Department, there is no right of any association to “find a new leader.� They may have an opinion on who they may like or dislike, but they certainly are not “entitled� to determine who they work for. They are not the hiring authority, nor should they be.

Being a chief is not a popularity contest. I know that for a fact after serving 21 years in that capacity in two departments. While it may be true that an error was made by the city manager in not opening up the process to the outside, there was no effort to deceive anyone in the process of making that decision. Everyone shares some responsibility for the oversight, including the Human Resources Department, City Attorney’s Office, City Council, Civil Service Commission, labor organizations, etc. All of them were informed and/or were aware of the city manager’s intent to promote from within, and no entity objected or cautioned against it.

I too regret not having been aware of the requirement. Even if the process was opened to the outside, the outcome may not have been any different.

Klein is a decent, honorable man, who performed exceptionally well during the 14 years I served as chief in Newport Beach and he has had a decades-long career in the department. His selection as chief was based upon his demonstrated ability and depth of experience in a multitude of assignments, his interpersonal skills, along with his clear qualifications and competency to carryout the responsibilities of his new position. For those who would suggest that his appointment to chief was pre-ordained or determined in advance, they are once again making allegations without foundation. The fact of the matter is that at no time did I ever make a recommendation as to who should be the next chief of police. It was a decision for the city manager alone to make based upon his knowledge of the candidates and his assessment of their demonstrated qualifications as brought out by the selection process that was approved by the Civil Service Commission.

No one knew that better than the candidates involved because I told them for me to do otherwise would be unfair to them, the integrity of the process and to the city manager who needed to come to his conclusion independently. The remedy for the oversight in the selection process is not to redo the testing again after Chief Klein has served in that capacity for almost two years. It is to do it differently and correctly the next time.

My hope is that the council will take the opinion of the city attorney — no matter what it may be — thank him for it, and then tell the members of the police department the matter is settled. John Klein is and will continue to be their chief – and that they need to go back to work or make their own career decision accordingly.

To do otherwise is to embolden some of those involved to perhaps believe they are in control of the organization and by doing so, weaken any current or future leadership of the department (a very bad message to send). I have seen it happen too many times in this state during my career.

BOB MCDONNELL is the former police chief of Newport Beach.