Miller investigation concluded, Hermosa Beach faces legal action
Chris Miller. Photo
Nearly six months after the now infamous March 3 incident at The Standing Room involving anti-oil advocate Chris Miller and Hermosa Beach police, the City Council and community members have begun discussing ways to start “the healing process” and ensure such mishandling of a situation doesn’t repeat.
The Hermosa Beach City Council on Tuesday addressed the report by third-party investigator Donna Evans, who was hired by the city manager to investigate the veracity of Officer George Brunn’s police report. His report, written eight days after the occurrence, stated that Miller yelled obscenities at the officers on that night of Measure O’s defeat and incited others celebrating on the patio to do the same.
Police Chief Sharon Papa reported the alleged incident to Chamber of Commerce chairman Ken Hartley in a March 23 letter, adding that Miller’s conduct could singlehandedly undermine the police department’s relationship with the chamber unless Miller apologized to the department. Miller was subsequently removed from the chamber’s board of directors.
According to Evans’ report, the last 10 seconds of KTLA’s broadcast audio picks up Miller saying “Boo…f*ck off you guys…” The audio from a unit-mounted camera on the police vehicle reveals her saying “Boo, yoo-oo/pieu, losers, f*ck off! You guys, you lost! You guys are sore losers. You are not going to get a pay raise — come at us!” Evans wrote that the investigation could not determine whether others were yelling along.
City Manager Tom Bakaly on Tuesday apologized that the letter to the chamber stated otherwise.
Evans’ findings have been a topic of contention, particularly her interpretation of the audio recording from that night. Several community members commented that they listened to the same enhanced recording and could not make out the words the report claims Miller said. Her five-month investigation, a cost of $27,000 to the city, also involved interviews with 30 people and review of two surveillance video recordings without audio obtained from The Standing Room and the Establishment and a video and audio recording from the mounted camera on the officer’s vehicle.
Miller’s lawyer Morgan Ricketts said she and her client dispute the report and have served the city a notice of a claim for all damages resulting from a civil rights violation.
“Investigating what Chris Miller said or didn’t say that night is a mistake,” Ricketts said to council during the portion of Tuesday’s meeting agendized for public comment on closed session matters. “The larger picture here is that this entire six-month ordeal was never really justified. The worst thing the city could say about Chris Miller is that she used a curse word. We do not concede that she did, but if she did, that’s her First Amendment right. … This country was founded on freedom of speech, freedom to criticize our government and our government’s institutions.”
Nearly a dozen community members took to the microphone later that evening to express mistrust in the police department and HBPD Chief Sharon Papa. Many of them demanded an apology and retraction from Papa for her approach in dealing with the situation. One resident suggested to council that the police advisory board should be appointed by the council, not the chief, to ensure transparency. Some residents told council that although it’s legally a personnel matter — and thus confidential — the community deserves to know what repercussions the involved city employees will face.
“You need to take better action than receive and file,” said resident Sandy Saemann. “Deal with it more responsibly.”
The council refrained from saying much on the matter due to Miller’s legal claim. It did not receive and file the report; the council will continue the discussion at the Sept. 15 meeting. ER