The Santa Ana police union has long exerted massive influence on the City Council, as it spends heavily on council races and even recalled a non-compliant member. The former city manager received a $600,000 settlement last year after making similar claims. As VoiceofOC reported, that case “paints a much darker reality of … the grip the Santa Ana Police Officers Association has on some of its leaders.”
That’s the necessary backdrop to the latest controversy. The news, per that publication: Three officers in July filed complaints “alleging Councilman Johnathan Hernandez harassed them by making critical comments about them online.” They allege such criticisms of police use-of-force incidents create a hostile workplace. These are not official union complaints, but raise a question: Are Santa Ana police trying to stifle criticism?
The city’s human-resources department completed an internal investigation. City Council recently agreed to hire outside investigators to further look into the matter. We’ll reserve judgment until we see all the specifics, although it wouldn’t surprise us if some the councilman’s comments or posts were indeed inappropriate.
Nevertheless, the guiding principle is clear: Public officials do not forfeit their right to speak their mind — in public forums and online postings — because they technically are police officers’ bosses. Workplace harassment is a high bar and goes well beyond criticism. The public needs more — not less — discussion of police policies and behavior. Police, after all, have life-and-death powers.
One officer’s complaint alleges defamation, but the civil courts have a process for sorting out such allegations. Trying to force the city to discipline an elected official seems less like a workplace matter and more like an effort to silence criticism. Reinforcing that point: VoiceofOC also reported that the union sent “a cease and desist letter demanding” that a journalist “stop reaching out to its members to ask them questions or face legal actions.”
Instead of investigating complaints, the City Council needs to remind officers and their union that they work for the public. In a free society, part of that job entails fielding questions and handling criticism.