Can councilmen who sued police union negotiate with managers? Foley wants A.G.’s opinion

For more than a year, a lawsuit filed by two Costa Mesa councilmen against the police officers union has prevented them from negotiating the labor group’s new employment contract.

The conflict of interest was clear: Mayor Steve Mensinger and Mayor Pro Tem Jim Righeimer couldn’t negotiate with and simultaneously sue the Costa Mesa Police Assn. for unspecified monetary damages based on claims that the union, its former law firm and a since-charged private investigator illegally conspired against them during the 2012 election season.

But what about the rank-and-file’s leadership, who are represented by a separate union, the Costa Mesa Police Management Assn.?

The city attorney’s office has said, in part, that because the management association is not named in the councilmen’s lawsuit, there is no conflict.

Also, the attorneys contend, Mensinger and Righeimer have no personal financial interest in the outcome of the management association’s contract.

Councilwoman Katrina Foley, a practicing lawyer, disagreed with the attorneys’ opinion.

The issue came up during the City Council’s closed-session meeting Jan. 13. In what’s normally a short preamble before convening in private, Foley was critical of the councilmen participating in the management association’s contract negotiations, given that the contract is nearly identical to the rank and file’s.

“I believe that’s a back door into bargaining, where they have a conflict of interest,” Foley said.

During the meeting, Foley requested information on the process of seeking the California attorney general’s opinion on the matter. City attorneys are complying with her request.

The attorney general’s opinion would not be legally binding, only advisory.

The management association’s contract, which expired in July and costs the city $2.38 million annually, affects eight police leadership positions. The police chief is not in the association.

In an interview Wednesday, Righeimer said Foley’s actions are being influenced by Costa Mesa’s police and fire unions, both of which aided her council campaign last year.

“She is just carrying the water for the people who put her in office,” he said. “Katrina Foley would probably not be in office if she didn’t have the endorsement of the Costa Mesa police and fire associations.”

Righeimer said the management association is completely different from the rank-and-file union, which he contends hired private investigators in 2012 to illegally report him for drunk driving — he passed a field sobriety test that evening — and surveil Mensinger’s whereabouts by placing a GPS device on his truck.

The investigators, Christopher Lanzillo and Scott Impola, were arrested in December and face felony charges.

The Costa Mesa Police Assn. has denied any prior knowledge of the actions of the two men, who worked for the law firm, Lackie, Dammeier, McGill & Ethir.

The Upland-based firm has since dissolved.

Prosecutors say they have found no evidence that the police association knew of any illegal activity beforehand.