Santa Ana Councilmember Johnathan Hernandez, a frequent critic of the city’s police union, will face an investigation into complaints filed against him by three Santa Ana police officers.
A 4-2 majority of his colleagues on the dais opted for the probe during Tuesday’s council meeting but stopped short of initiating a censure process.
“The police officers that filed the formal complaints, they are city employees,” said Mayor Valerie Amezcua. “As a council, it is our responsibility [to] hold each other accountable because we need to make decisions up here that are truly beneficial to our constituents.”
Amezcua added that Hernandez’s alleged behavior could expose the city to costly litigation.
Hernandez formally recused himself from the discussion among his peers but took to the public lectern to accuse the Santa Ana Police Department of costing the city millions in misconduct lawsuits and settlements.
“As council member, I have fought to protect our civil rights and human rights at the dais and on the ground,” he said. “I have remained committed to the values of justice, accountability and transparency.
“I do not support the harassment of any of our city employees. I want to be absolutely clear that I support each of our city employees being treated with respect and dignity in their workplace.”
Hernandez wore a shirt that read, “Arrest the cops who killed Brandon Lopez,” in reference to a 2021 Anaheim police shooting in Santa Ana that killed his cousin.
The state Department of Justice, which investigates police shootings of unarmed individuals, cleared the officers of criminal wrongdoing two years after the incident.
In response to the complaints filed against him, Hernandez claimed that two of the officers were involved in recent police shootings and are currently under investigation by the state DOJ.
The third officer, Hernandez said, claimed that the councilmember’s cousin was armed during the 2021 shooting. Anaheim police later released an image of a water bottle in a black bag that officers mistook for a gun when Lopez exited his vehicle.
Hernandez, who has criticized Santa Ana officers as “killer cops” in other incidents, warned that censuring him could open the city to a free speech lawsuit.
John Kachirisky, president of the Santa Ana Police Officers Assn., welcomed the investigation.
“We are concerned by the accusations against Hernandez and support the steps taken by the council to investigate these complaints,” he told TimesOC. “We support his right to a due process, and we look forward to seeing the results and believe the City Council will make the best decision based on these results.”
Kachirisky added that officers filed complaints on their own without the support of the police union but said that those stemmed from Hernandez’s alleged harassment outside the bounds of protected speech.
“He has a right to his opinion, but he also is technically the boss of all the city employees, including our members,” Kachirisky said. “And as a boss, he has a duty and responsibility to behave accordingly and not create an adverse work environment for them.”
After both sides summoned the specter of legal action, City Atty. Sonia Carvalho referenced a recent case “with very similar facts” in Seattle.
Ending a seven-year legal battle, the 9th Circuit Court of Appeals dismissed a defamation lawsuit last year filed by two Seattle police officers against former socialist Seattle Councilmember Kshama Sawant, who described their 2016 fatal shooting of a Black man as a “brutal murder.”
Calling it due process, a majority of Santa Ana councilmembers supported an investigation into Hernandez, as opposed to censure.
“The 1st Amendment cuts both ways,” said Councilmember Phil Becerra. “If this council, as a majority, votes to express itself, and express its displeasure with Councilmember Hernandez’s comments, with his prejudging of police officers and their actions, or his flagrant disregard for the verdict of a review of the police officer’s actions, that is the wish of the council, and it is our right.”
As several councilmembers stated, the three officers are not the first city employees to file complaints against Hernandez.
A previous probe sustained three of four allegations against him in response to a complaint made by Parks and Recreation staff over his involvement in planning for city events, including the Chicano Heritage Festival.
In response, councilmembers declined to censure Hernandez last year, but barred him from serving as a mayor pro tem — a largely ceremonial position that rotates among members — for a year while requiring him to participate in training on working well with city staff.
Critical of the latest investigatory effort, Councilmember Jessie Lopez referenced a past closed session meeting and asked City Manager Alvaro Nuñez to confirm that Human Resources already looked into the complaints.
“H.R. did conduct an investigation regarding these allegations,” Nuñez confirmed.
“That’s exactly what I remember,” Lopez said. “And I also remember what we discussed in closed session — [what] the outcome of the investigations were — and so … for the reasons we discussed in closed session, I’m going to be voting no.”
Councilmember Thai Viet Phan favored an investigation beyond H.R. under the council’s ethics code.
“I have disagreed with staff, and I have made my positions known,” she said. “Every single person up here has done that, but unfortunately, it seems as though only one of us up here has had multiple complaints by everyday employees again and again —and that puts this city at risk.”
Amezcua closed the discussion, but not before trading barbs with Hernandez, who sat in the chamber with the public instead of on the dais.
“This is about disrupting the council,” she said. “This is about making dangerous statements.”
The split council approved the Hernandez investigation and directed staff return its findings in early January.