Santa Ana city leaders have launched at least three different investigations against each other in the past few years and are on the brink of a fourth one after the most recent probe fizzled out.
City Attorney Sonia Carvalho announced Tuesday investigators in the last probe could not sustain allegations that City Councilman Johnathan Hernandez harassed three separate police officers – noting Hernandez and one of the officers didn’t participate in the investigation.
On the heels of that announcement, Santa Ana Mayor Valerie Amezcua called for another city hall investigation after Hernandez publicly accused a council member – without naming them – of forcing an employee to file a complaint against him in 2023.
It’s the latest call for a probe in a string of investigations in recent years at a city hall that is becoming plagued with toxic workplace concerns while officials increasingly face police accountability questions.
[Read: Santana: Were Santa Ana Police Justified in Firing On Peaceful Protesters?]
And it’s all playing out in a town where the local police union is one of the biggest spenders on local elections and where police union-backed officials and police critics often clash on the dais.
[Read: Santa Ana Launches Probe into Police Union Critic After Cops’ Complaints]
After a two hours and half closed door meeting Tuesday, Carvalho reported back the investigator’s findings after a probe was called into the complaints against Hernandez in October.
“Based on the interviews and the research conducted by the investigator, it was reported to the council that the complaints were not sustained,” Carvalho said.
“The Council consensus is that while all of them have personal rights and can speak their minds, they would like everyone to be mindful that they represent the city, and what they say and do reflects on the city, especially their actions while they’re up here on the dais.”
Hernandez, a vocal police union critic, said people employed by the city deserve respect.
“I love this city, and I love our employees, and I want every one of our employees to feel respected here, and the same applies to our residents,” he said Tuesday, adding that he was glad the city publicly announced the results.
“I don’t believe in harassing police. I don’t believe in harassing employees.”
The police union spent over $50,000 against Hernandez’s reelection campaign in 2024.
In a prepared statement, John Kachirisky, Santa Ana Police Officers Association President, stated union leaders were disappointed by the outcome and questioned why Hernandez didn’t participate in the investigation.
“We do find it interesting that Councilmember Hernandez refused to cooperate with the investigation and refused to be interviewed. What does he have to hide? If he is so innocent, clear your name,” reads his statement.
“While we look forward to moving on and hope his behavior changes in the future, the fact that this is the second city department to have employees complain about his behavior is telling.”
Hernandez said in a Wednesday phone interview he always knew what the outcome would be of the probe and that he didn’t participate in the investigation because city staff already looked into it.
“The reason I didn’t participate in the second investigation was because I felt the second investigation violated my rights, given that I had just went through one with the city,” he said, adding that the investigation was politically motivated.
“I was not going to participate in their show.”
Before the outside probe, city staff said the complaints about Hernandez had already been investigated by the city’s human resources department, but officials refused to publicly say what that internal probe found.
Hernandez said investigations are being used to intimidate those who vote against the union’s interests.
Police union officials did not respond to questions on why one of the police officers didn’t participate in the investigation.
City Spokesman Paul Eakins said in a Wednesday email the city did not have a written report to release on the findings of the outside probe.
It’s unclear the costs of these investigations as city officials project an estimated $30 million budget deficit in a few years when a sales tax measure starts to sunset in 2029.
Another Investigation on The Horizon?
It is not the first time Hernandez has received a complaint from a city employee that has been investigated at the request of his colleagues.
Investigators in 2024 found enough evidence to sustain allegations that he violated the city charter and interfered with city staff’s planning of cultural celebrations like Chicano Heritage Festival. Hernandez said he was just advocating for the events to be culturally competent.
Hernandez publicly alleged from the dais Tuesday that a council member forced an employee to file the previous complaint against him alleging he interfered with the planning of community events.
“The complainant then told me, after a council meeting, a sitting elected up here forced them to file that complaint so I want to also send a message to my colleagues that we should respect each other’s differences of opinion,” he said.
Amezcua fired back saying she wanted Hernandez’s allegation investigated and that she didn’t believe it was true.
“I don’t believe anybody up here forced any employee to file that initial complaint,” she said, adding that Hernandez walked off after he made the accusation. “I don’t know who forced that person but I want to know if that did occur because nobody that I recall in that investigation was forced to do anything and I take that very seriously.”
Amezcua also said she wanted the city manager to speak to the employee if they did in fact tell Hernandez they were forced to make the complaint.
“If an employee stated to Councilman Hernandez, that he or she was forced to file that investigation, I want to know. I think we should all know because we end up in these big old investigations and conversations when we shouldn’t,” she said to the city manager.
“I don’t know who the employee is and I don’t need to know but I’m sure you will look into it and investigate it and then address it,” Amezcua continued. “Because we all can not sit up here and just throw out lies and hope they stick to the wall.”
In a separate 2024 probe, investigators seemingly could not sustain allegations that Amezcua violated the city charter or code of ethics or harassed former City Manager Kristine Ridge – something Ridge alleged in a claim before leaving the city.
The findings came after a majority of officials, including Amezcua, voted to pay Ridge over $600,000 to settle the claim that also alleged a pressure campaign by elected officials on behalf of the police union to get her to boost former union president Gerry Serrano’s pay and pension.
Ridge did not participate in the 2024 probe.
The police union spent over $98,000 in support of Amezcua’s mayoral reelection campaign in 2024.
Police Complaints Against Hernandez Unsustained
The most recent probe stems from three police officers filing separate back to back complaints in July against Hernandez alleging he created a hostile workplace for them and jeopardized their safety by criticizing them on social media and referring to them online as murderers.
Hernandez has denied the allegations – even speaking out at the public comment podium last fall against a possible censure over the complaints.
[Read: Is a Santa Ana Official’s Criticism of Police Freedom of Speech or Harassment?]
Last year, he publicly criticized the police’s use of force against anti-ICE protestors, lambasted proposed changes to the police oversight commission that could dial back its power and scrutinized the department’s failure to disclose their military arsenal.
Hernandez also has said there are “killer cops” in the Santa Ana Police Department – referring to relatively recent police shootings.
On Tuesday, Hernandez said he was elected to speak out against police killing residents and that being in favor of accountability does not mean being anti-police.
“I want to send a message to our police department, I want you to make it home. I don’t want you to feel afraid when you’re patrolling our streets, but the same also applies to our residents,” he said.
Councilwoman Thai Viet Phan said Hernandez was exonerated and she supported the additional investigation because issues like this need to be taken seriously.
She also called on her colleagues to keep their composure when discussing “heated topics” and respect city staff.
“But I also like to say that even if I don’t agree with what you say or how you say it, each of us were elected by our constituents for exactly who we are,” she said on Tuesday.
“I hope that as we push these policies and we are passionate and we are vocal, we also remember that on the other side of it, there are employees, people and whole beings who may disagree.”
Hosam Elattar is a Voice of OC reporter. Contact him at helattar@voiceofoc.org or on Twitter @ElattarHosam.