McCarthy Berates Police Chief Gazsi

MCCARTHY'S PETTY PRONOUNCEMENT

Last Friday Costa Mesa Planning Commissioner Colin McCarthy wrote to City Chief Executive Officer Tom Hatch, with a copy to Contract City Attorney Tom Duarte, expressing his opinion that Costa Mesa Police Chief Tom Gazsi should not be endorsing political candidates.  This blast apparently springs from a recent Daily Pilot article in which Gazsi is mentioned as endorsing Newport City Councilman and former mayor, Keith Curry, who is now a candidate for Allan Mansoor's soon-to-be-vacant 74th Assembly seat.   McCarthy requested Hatch consider his communication a "formal grievance" - whatever that means.

ZINT COVERS IT WELL
As you might imagine, this has caused a firestorm of controversy.  You can read Brad Zint's article in the Daily Pilot on this subject, HERE.  He quotes McCarthy extensively, including a follow-up interview in which he quotes McCarthy as stating that Gazsi's endorsement of Curry is "inappropriate".

CURRY AND GAZSI ARE FRIENDS
Of course, as is stated in Zint's piece, Gazsi and Curry are friends for more than two decades.  Gazsi spent more than 30 years with the Newport Beach Police Department and knew Curry and his wife during that time.

A FEW QUESTIONS...
After reading the text of McCarthy's letter to Hatch, his subsequent quotations in Zint's article and Chief Gazsi's response, I have a few questions.

LAWYER MCCARTHY VIOLATES LAW?
1 - McCarthy criticizes Gazsi - who he says is "sworn to protect campaign laws" - yet he, as a planning commissioner, swore to defend the laws of the United States and the State of California.  As a lawyer, he seems more than willing to violate state and federal laws on this subject.  In addition to proposing to violate Gazsi's First Amendment rights, what McCarthy suggests - no, demands - is a direct violation of the California Government Code.  Specifically, it violates section 3300-3313, which is known as the Public Safety Officers Procedural Bill of Rights Act.  Section 3302(a) reads as follows:

"Except as otherwise provided by law, or whenever on duty or in uniform, no public safety officer shal be prohibited from engaging, or be coerced or required to engage, in political activity."

That seems pretty darn clear to me!

WHAT'S THE "GRIEVANCE" PROCEDURE?
2 - By filing a "formal grievance", does this process now require an investigation?  If so, by whom?  What penalties, if any, could result from such an investigation?  I searched the Costa Mesa Municipal Code and could find nothing about a grievance procedure except as applied in Labor Contracts.


GAZSI CONSULTED CITY ATTORNEY
3 - Gazsi says he consulted with the Costa Mesa City Attorney's office before endorsing Curry.  One must conclude that he received no guidance to NOT endorse Curry.

WHAT DID HATCH DO?
4 - I wonder what, if any, action Hatch took upon receiving McCarthy's memo?  Did he contact Gazsi on the issue?  If so, what did he say?  If he criticized and/or reprimanded Gazsi for endorsing Curry, it seems to me that he was violating section 3302(a) of the Government Code (above).

DOES GAZSI HAVE LEGAL RECOURSE?
5 - If Hatch DID violate that state statute, what recourse might Gazsi have to protect the rights specifically bestowed upon him as a Police Officer in this city?  It seems to me that Gazsi might find the need to seek legal counsel in this matter.

WHAT "CULTURE CHANGE"?
6 - Costa Mesa Taxpayer's Association President Jim Fitzpatrick, who shares the planning commission dais with McCarthy, who also preceded him as President of the CMTA, chimed in with his views.  One quote from Zint's article caught my eye.  He said, "I support Gazsi, especially at this time when he's trying to change a culture at the CMPD."  Really?  I pay pretty close attention to what's going on in the city and I don't recall Chief Gazsi ever mentioning changing the culture in the department.  Quite the contrary!  The recent 60th Birthday Celebration of the department only further solidified the culture and history of an outstanding law enforcement organization.  Fitzpatrick and his cronies in the OC GOP for whom he apparently speaks may WISH Gazsi was changing the culture because it certainly clashes with their ideas, but I'm not aware of any directive from Hatch or anyone else to Gazsi to "change the culture" of the CMPD.  Since Fitzpatrick has few original thoughts rattling around in his head, I suspect what he's spouting is something he's heard as he snuggles up to his benefactors on the City Council.

THREAD CRITICISM BUILDS
As I type this the comment thread on the Daily Pilot article is building.  Every one to this point is extremely critical of McCarthy on this issue.  I think they are correct.  This is a petty bit of sniping at a highly-respected law enforcement leader who apparently just happens to support a man that the OC GOP sycophants in this city may not.  It is well known that Curry and Mayor Jim Righeimer share no affinity for each other.  It's easy to presume that McCarthy is voicing a view widely held by Righeimer and other members of his council majority.

WHAT ARE THEY THINKING?
It's astounding that these guys - Righeimer, his pal, Steve Mensinger, and cronies like McCarthy and Fitzpatrick - continue to jump from cow pie to cow pie, splashing that dung all over themselves.  I realize there's probably not a penalty for demonstrating such abject stupidity, but I wonder if a lawyer can be disbarred for advocating the violation of a person's rights as guaranteed to them by state and federal law?  Probably not - saying stupid stuff is protected by the same legal protection McCarthy would strip from Chief Gazsi.  In my view, this is just one more example of how the men in charge of this city today simply cannot tolerate an opposing viewpoint.  Just as Righeimer chose to stifle criticism at council meetings by chiding and mocking speakers and splitting the public comments segment to further inconvenience them, McCarthy would violate Gazsi's rights to keep him from supporting a candidate for state-wide office.  This is what happens in third world countries or totalitarian states, not a city in Orange County, California!

SHAME ON YOU, COLIN...
This is just one more example of the level of toxicity in the workplace at the City of Costa Mesa these days.  Shame on Colin McCarthy...