A recently concluded investigation of Chula Vista Councilman John McCann states that allegations of wrongdoing brought against him by a former employee were unsubstantiated, city officials said.
The investigation stems from a July 15, 2015, email sent by former McCann aide Derrick Roach to McCann’s staffer Melissa Martin, the mayor, city attorney and city manager. The email alleged that McCann assigned Roach “special projects” that included conducting political business while working on city time, a violation of state law.
“Based on some allegations in an email from Mr. Roach, we felt there were some allegations concerning his work assignments that were raised to the level we thought we should do an investigation on them,” said Senior Assistant City Attorney Bart Miesfeld. “They were significant enough that we felt we needed to find out if there is any evidence that that occurred,” he said. “That was kind of the goal (of the investigation).”
The city hired private investigator Robert Able to look into the matter. According to Miesfeld, the investigation concluded that “Council member McCann did not make any unethical or illegal requests of Mr. Roach.”
Miesfeld said he would not release the report to The Star-News until he fully reviewed it.
Miesfeld said the city hired Abel to conduct a fair and objective investigation since McCann is a council member and the City Attorney’s Office didn’t want to appear biased.
Miesfeld said McCann knew about the investigation and that the investigation entailed reviewing documents, emails, policies, talking to McCann and his current aides.
McCann’s aide Hector Gastelum said he was never questioned and didn’t know about the investigation.
Martin was not available for comment to The Star-News.
Roach said he also was never contacted during the investigation.
“It makes me question the validity of the investigation because regardless of what type of claim is made, if the person who made the claim isn’t included in that (investigation) — you don’t talk to them to find out what the concern is or what information they might have — I mean it’s kind of like doing the investigation with blinders on,” Roach said.
“If they really were putting in their due diligence I think they would’ve contacted me,” Roach said.
Asked if McCann assigned him tasks that involved political activity while working on city time as a Chula Vista employee, Roach would not comment
But the July 2015 email sent by Roach to Martin, the mayor, city manager and city attorney says McCann had asked Roach to file complaints with the California Fair Practices Commission and was asked to “research” other organizations.
Roach declined to specifically state whom the FPPC complaints were to be filed against but said they pertained to a current council member, a political adversary, and the head of a local nonprofit group.
“Because of my position with the Republican Party of San Diego County and my recent appointment to the executive board for the California Republican Party I do not feel that it is appropriate to be engaged in political activities while being paid as a city employee at taxpayer expense,” Roach wrote in the email. “I am very well aware of the need and legal requirements to compartmentalize my political activities, but I feel the special projects I was being assigned made it to where that was no longer possible and also took advantage of my professional background as a licensed investigator.”
“I cannot perform these duties without risking negative impacts to the City of Chula Vista and the political organizations that I represent. These actions could possibly place my state (investigator) license in jeopardy should they ever become public knowledge.”
McCann disputed the allegations.
“We have a strict firewall against doing any type of political activity on city time,” McCann said.
Roach said his refusal to conduct these special projects might have cost him his job although he isn’t exactly sure.
He said he was never told whether he was fired, terminated or let go.
The former city staffer hired to work as a part-time aide for Chula Vista Councilman John McCann on Dec. 31, 2014 was informed via a June 18, 2015 email from McCann’s office to turn in his city badge, keys and other city property he may have in his possession.
“We are very sorry that you have ended communication with our office,” Martin, McCann’s office aide, wrote. “We have tried to establish contact multiple times through various avenues, but have received no response. Our office can no longer communicate with you regarding current or expected duties and must conclude you have resigned your position.”
But Roach insists he never resigned from his position and didn’t communicate with McCann’s office because he was scheduled to be off that week.
However, he stated in a July 14, 2015 email that, despite being off he still attended a June 14 Eastlake Business Association meeting, representing McCann’s office. He said in the email that he had been instructed to attend these meetings each week, so he isn’t sure why it appeared he had resigned.
“I’m not sure how anyone came to the conclusion I had abandoned my job as stated in your email on June 18, 2015,” Roach wrote to Martin. “I was also surprised at how quickly my city email account was disconnected.”
Human Resources Director Courtney Chase said the mayor and council members hire their own staff. Each staff member is at-will of each council member, meaning that the employee can be dismissed for any reason and without warning.
In an email to City Attorney Glen Googins Roach disputes that he was terminated “at-will”
“On June 18, 2015 I received an email from Melissa Martin indicating my employment was being terminated due to a claim that I had ‘abandoned’ my job although the official work schedule showed that I was scheduled to be off work that entire week,” he wrote. “At-will employees may be terminated due to a claim that I had “abandoned” my job anytime with or without cause and I understand that there is a difference of opinion as to whether this was a voluntary or involuntary termination.”
McCann declined to comment on whether or not he fired Roach, saying he does not comment on issues involving human resources.
Roach’s history with McCann went deeper than a councilman-council aide relationship. Roach assisted McCann during the 2014 election, in which McCann defeated former mayor Steve Padilla by two votes.
Roach, the former secretary of the Republican Central Committee, stood by his candidate during a contentious week long recount where McCann prove to be successful.
Despite their history together, Roach said McCann never once called or communicated with him to explain his employment situation.
Roach said he hasn’t heard from his former boss, even though the two were at a recent event together.
“The last time I actually saw him and spoke to him, He would not even talk to me,” Roach said. “It’s tough. It’s a hard place to be in. For someone that you worked for so hard, someone that you supported and then to just kind of be dropped like this is very disappointing.”
The only notification that Roach received from the city, aside from Martin’s email is a letter from the city clerk. Roach said the letter basically said the clerk’s office was notified that he no longer works for the city and that he needed to fill out paperwork
Unemployed and wanting to be compensated for back pay, Roach filed a claim with the California Department of Labor Industrial Relations – Division of Labor Standards Enforcement
He said soon after filing the claim, the city mailed him a check for an undisclosed amount with a disclosure saying that it wasn’t an offer of a settlement or admitting wrongdoing.
Roach said as an aide he would have just liked to serve a council member who puts the community first.
“I would really like to see people focus on serving the people instead of their next election.”
