Santa Ana officials are slated to discuss what actions to take against Councilman Johnathan Hernandez after city hired investigators sustained allegations that the councilman violated the city charter and code of ethics and interfered with the planning of community events.
At a special 5:30 p.m. meeting Monday, city council members are expected to discuss “potential remedies” for investigators’ findings against Hernandez – less than a week before the November election.
In a separate probe, investigators seemingly could not sustain allegations that Mayor Valerie Amezcua violated the city charter or code of ethics or harassed former City Manager Kristine Ridge.
The findings come about a year after a majority of officials, including Amezcua, voted to pay Ridge over $600,000 to settle her claim alleging a pressure campaign by elected officials on behalf of the police union to get her to boost former union president Gerry Serrano’s pay and pension.
All before the investigation into the allegations launched.
[Read: What Are Santa Ana Officials Hiding in a Claim Alleging The Police Union Runs City Hall?]
City officials and staff have not publicly released the investigators’ reports since City Attorney Sonia Carvalho announced the findings at a public meeting earlier this month.
[Read: What Did Privately Hired Investigators Find in Two Ethics Code Probes at Santa Ana City Hall?]
But that could change.
Hernandez, who is up for reelection, said in a Friday phone interview that the reports on both investigations will be released Monday, adding that the special meeting is coming at the request of Amezcua.
He also said the meeting is politically charged.
“I believe that the mayor is going to treat Monday’s council meeting in our city council chambers as a platform for the police union’s bidding,” Hernandez said. “It is 100% rooted in politics.”
Amezcua, whose mayoral campaigns have received significant financial backing from the police union, did not respond to requests for comment Friday.
At the Oct. 15 council meeting, Carvalho said the investigators found enough evidence to support allegations that Hernandez interfered with city staff’s work to plan the Juneteenth celebration, the Chicano Heritage Festival and Indigenous People’s day.
Hernandez has said members of the Black, Chicano and Indigenous communities asked him to sit in on meetings with staff about the cultural events because of concerns of racism from staff.
“The reason why I am being publicly reprimanded is because I was overly involved in advocating for my constituents,” he said.
“There was no wrongdoing related to any money. There’s no criminal culpability. But they can censure me, which would be a reprimand. I have already accepted accountability.”
Another allegation that Hernandez tried to solicit donations for community celebrations was not sustained by investigators, according to Carvalho.
Councilman David Penaloza told the Voice of OC earlier this month that violating the city’s charter is a misdemeanor and on Oct. 16 he sent a letter to Carvalho requesting the city attorney prosecute Hernandez and forward the investigation’s findings to the district attorney.
“As elected representatives, we must hold ourselves to a higher standard and hold ourselves accountable. We also have a legal duty and obligation to abide by our city charter and all of its laws found within,” he wrote in the letter posted on his Facebook.
“I fear that if we choose to ignore the unfortunate results of this investigation, we will set a dangerous precedent for future years to come.”
When reached on Friday for comment through text, Penaloza – who has received financial contributions from the police union in support of his previous city council campaign – pointed to the letter he posted on his Facebook.
“There’s nothing grounded or substantiated about his stance. His stance about seeing me criminalized is rooted in how he sees Chicano, Black and Indigenous people,” Hernandez said about Penaloza’s request.
“This is somebody who didn’t have those comments when the city paid out a $600,000 settlement related to a claim where his POA endorsed colleague Valerie Amezcua was named over 10 different times.”
Councilman Ben Vazquez, who is running against Amezcua for Mayor, said in a Friday phone interview that Hernandez did nothing illegal and was defending community members.
“I am more worried about the findings for Amezcua and I haven’t read the report yet, but it appears that Kristine Ridge has not come forward to speak to the investigators, so she has not been let off as not being guilty or exonerated in any way,” he said.
Vazquez added that Hernandez should apologize to city staff.
Carvalho did not respond to emailed questions Friday about what actions could council members take against Hernandez or if the city would publicly release the findings.
Council members Thai Viet Phan, Phil Bacerra – who has received financial contributions from the police union in support of his previous city council campaign – and Jessie Lopez did not respond to requests for comment Friday.
What Else Did City-Hired Investigators Find?
Hernandez isn’t the only one on the dais who was investigated for allegedly violating city codes.
Investigators also launched a probe into Amezcua, who is up for reelection, after former City Manager Kristine Ridge accused the mayor of creating a hostile workplace and interfering in her work.
According to Carvalho, the investigators hired by the city found that the evidence did not support allegations that Amezcua violated the city charter, the city’s code of ethics and harassed Ridge.
Amezcua has not responded to any requests for comment by the Voice of OC on the investigations.
In the redacted claim that city officials kept hidden for months, Ridge also alleges Amezcua asked her to agendize a closed door discussion that Ridge said would have violated the Brown Act – the State’s chief open meeting law.
Due to the redactions in the claim, it is unclear what that request was.
Hernandez previously told the Voice of OC those redactions have to do with a complaint he filed in 2023 accusing Amezcua of violating the Brown Act amid efforts to fire Ridge and former Police Chief David Valentin.
The Orange County District Attorney found that there was insufficient evidence to substantiate allegations that Amezcua violated the Brown Act, but Hernandez said their office never interviewed him about his complaint.
Meanwhile, Ridge, reached out to through her attorney listed on the claim, did not respond to a request for comment Friday including whether she participated in the investigations or not.
Ridge’s departure from city hall last year came weeks after Valentin announced his retirement, pointing to “corrupt and compromised politicians.”
Does the Police Union Have a Say Over Who Runs City Hall?
It’s not the first time a top city executive has raised concerns about elected officials going to bat for the police union – a group that routinely spends big on local elections.
In 2017, former Santa Ana Police Chief Carlos Rojas filed a lawsuit against the city, claiming he was forced to resign as part of an effort by former Mayor Miguel Pulido and former Police Union President Serrano to push him out.
[Read: Former Santa Ana Police Chief Sues, Claiming He Was Pushed Out By Mayor and Police Union]
In the filings, Rojas alleges Serrano met with city council members and candidates before the November 2016 election and offered them political support in exchange for signing an agreement that they would terminate then-city manager David Cavazos and Rojas.
Both Serrano and Pulido at the time denied the allegations.
In January 2017, Cavazos was ousted on a 4-2 vote of the City Council. Rojas resigned in April of that year.
Valentin replaced Rojas as the permanent police chief in 2018. Ridge was hired in 2019.
Meanwhile, the police union – under new leadership – is spending big on local elections collectively spending about $191,000 between Mayor Amezcua’s reelection campaign, City Commissioner Mario Alvarado’s Ward 5 campaign and lawyer Jeffery Katz’s Ward 3 campaign as of Friday morning.
[Read: Police Union, Real Estate Interests Spend Big in Santa Ana Elections]
According to the latest campaign disclosures as of Friday morning, the union has spent nearly $89,000 in support of Amezcua’s campaign through things like mailers.
The police union has also spent close to $10,000 on mailers against Hernandez as of Oct. 25.
Hosam Elattar is a Voice of OC reporter and corps member with Report for America, a GroundTruth initiative. Contact him at helattar@voiceofoc.org or on Twitter @ElattarHosam.
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