Former Oakland Police Chief Armstrong claims vindication after judge's report on his firing
OAKLAND -- Former Oakland Police Chief LeRonne Armstrong on Monday claimed he was vindicated with the release of a new report he said clears his name after he was fired by Mayor Sheng Thao earlier this year.
All along, Armstrong said he felt he needed to clear his name after being fired by the mayor based on a critical report coming from the police department's court-appointed federal monitor.
The 50+ page report was issued by Hon. Maria P. Rivera, the retired judge who heard Armstrong's official appeal of what the former chief has described as his "retaliatory and wrongful termination" last February. Armstrong and his lawyer held a press conference Monday afternoon to discuss the report.
"The chief has been vindicated, long story short," said Armstrong's attorney Will Edelman. "Number one, the chief never should have been disciplined. There is no factual basis for the discipline that was issued. It's recommended that the discipline be reversed and removed from his file ... Number two, the criticisms of him in the federal monitor's outside law firm reports were unfounded."
The report concluded that many of the complaints about Armstrong lacked supporting evidence and suggested that he may have a "colorable claim for termination in violation of his First Amendment [free speech] rights."
Thao fired Armstrong from his job in February after a report by a federal monitor detailing the chief's actions in connection with a hit-and-run collision involving a police sergeant and the alleged obstruction of the investigation that followed. Armstrong had been suspended a month earlier in connection with the report that concluded he had signed off on the findings without reviewing them or even fully discussing the incident.
Armstrong and his lawyer said they could not make the judge's report public because it involves personal information on other city employees. However, they did say it concluded there was no factual basis for his discipline and that his termination was illegal retaliation.
"I think today is something that I envisioned happening a long time ago," Armstrong noted during the press conference. "I said from the onset of this that I was not guilty of any of these allegations, that the facts will come out is this case and when the facts did come out, I felt like I would be vindicated. And today is that vindication."
"This sounds like what I told you months ago. It's unfortunate that we've had to come to this point for us to find that out," he added.
Armstrong and his lawyer said the report could end in a lawsuit he filed against the city for wrongful termination. Armstrong said he will exhaust all of his legal options and that he would still be open to coming back as chief.
Armstrong also addressed the ongoing issues with rising crime that have plagued Oakland in recent months.
"I feel horrible about what I see happening in the city," he said. "I live in the city. My family faces the same fears that every other resident in the city of Oakland faces, and so it is really concerning."
Armstrong was also asked why he has spent the past months fighting his termination.
"I think the people of Oakland deserve the truth," he said. "I think the people of Oakland deserve to know that the son of this city did not violate them, did not undermine their trust. That I am who I said I was, committed to the city of Oakland, someone who was doing the job the right way. And regardless of the mayor's decision, I felt like my reputation was important to restore, and I think today is that moment."
The Oakland Police Commission issued a statement that agreed with Armstrong's assessment, saying the report recommended that Oakland reverse Armstrong's dismissal and remove it from his personnel record due to "problematic" and "unreliable" analysis. The chief has
"The decision reaffirms the same points made by Oakland Police Commission Chair Tyfahra Milele, who has publicly disagreed with Mayor Thao over the improper dismissal," the statement read.
"We were aware at the time that the charges against the chief lacked credibility and said so publicly," Milele said in the statement. "We were disappointed that the Federal Monitor further burned his credibility by signing off on the largely evidence free report used to fire the Chief."
"Since the Chief should not have fired to begin with, I am placing on the agenda for the next regular meeting of the Commission consideration of whether the Commission should recommend to the Mayor that the Chief be reinstated or that he be included as one of the finalists in the list of candidates for her to consider for appointment as chief," Milele added.
Mayor Sheng Thao has long stood by her decision to fire Armstrong, despite the criticism that has been leveled at her by the NAACP and other community groups over the decision. She issued a statement in advance of the news conference, doubling down on her decision to fire Armstrong.
Thao said Armstrong was terminated not because of the monitor's report, but due to public statements he made regarding an alleged coverup of an officer's unreported hit-and-run accident.
"Mr. Armstong immediately dismissed the allegations as 'mistakes' and not systematic problems, and insisted the officer had already been held accountable," she said in the statement. Thao maintained that was what made her lose confidence in the chief. She pointed out that nothing in the new report suggests he should get his job back.
"I am proud that I, with the support of my administration, faced the decision head on and did what I knew in my heart was right for Oakland, fully understanding the controversy that might follow," said her statement.
Thao has been under fire for rising crime in Oakland as well as recent news of the city's failure to apply for funds from the Organized Retail Theft Grant Program.
"What is going on in Oakland is a civil rights issue," Oakland NAACP President Cynthia Adams said at a press event Monday. "The buck stops with the mayor. This is the mayor's fault. It stops with the mayor. We need to hear from the mayor."
Adams also alluded to the report exonerating Armstrong during the event.
"We also want to make an announcement today from a reliable source, the chief did nothing wrong. He's innocent," Adams said. "It's time for him to come home and do what he needs to do for Oakland."
Last week, the Oakland branch of the NAACP ripped city officials over the failed application process in a letter.
"This was an epic failure. We desperately needed these funds, but we got nothing," the letter read. "We need strong, effective leadership. Shame on all who failed to get desperately needed funding when all they had to do was submit the application on time."
One question that emerged in the wake of the report was if Armstrong would be able to work under the very people who tried to oust him. Armstrong said he believes he can work well with anybody. Of course, the report could come in handy if he just decides to sue the city for wrongful termination instead. He said he's keeping all options open.
Although it's not binding, the report calls for both parties to meet to discuss ways to resolve the dispute. It says it would benefit the citizens of Oakland to "avoid the costs and related toll of protracted litigation."
Oakland resident Assata Olugbala spoke before the Oakland Police Commission during public comment Monday evening in support of former chief Armstrong.
"Living in Oakland without Armstrong has been not feeling that someone (is) connected to the community and having the ability to understand the personal issues, the ability to feel like that someone is compassionate and empathetic," she said.
"I knew something like this had to happen becasue I read this document, this is the so-called document that falsely accused Armstrong of dereliction of duty and just a layperson like myself, this was opinions and criticism of the chief, no facts," said Olugbala.
Lifelong resident and councilmember Noel Gallo, who has been supportive of the chief, said the mayor made a mistake when she fired him.
"The very beginning I thought it was the wrong decision, but the federal monitor was all over it. She took his advice and terminated him," he said.
Gallo said crime has never been worse in Oakland. He would like to see the chief reinstated.
"One is, he has the years of experience, and he knows Oakland inside and out. And certainly, he knows how to communicate professionally and also knows how to talk to the hoodies," he added.
Resident Saleem Bey doesn't support the former chief.
"I think that the definition of failure is to continue to do the same thing:10 chiefs in 10 years. Why do you keep going out and doing the exact same thing, and it happens with the exact same outcome. That's the definition of insanity," he said.
John Ramos and Betty Yu contributed to this story.