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By PORAC | April 1, 2003 | Posted in PORAC LDF News

Ldf Defends South Gate Poa Board Member Against Mayor’s Legal Attack

Last month’s PORAC Law Enforcement News cover story featured an exposé of the political corruption that has been rampant in this southeastern blue-collar community of 100,000 residents and highlighted the efforts of the South Gate Police Officers’ Association (SGPOA), which led to the successful recall of four politicians.

On January 28, 2002, South Gate voters recalled city treasurer and deputy city manager, Albert Robles, Mayor Xochilt Ruvulcaba, and city council members, Raul Moriel and Maria Benevides, all by margins of greater than 8-to-1.

These politicians’ grip on the community was finally broken after a two-year reign of crooked city governance that saw the city’s $8 million reserve fund reduced to about $300,000 by the time the “gang of four” were ousted. According to news accounts, this included spending of about $1 million, which went to pay Robles’ criminal defense lawyers, as he faced charges of terrorist threats against other political foes and a South Gate police lieutenant, and possession of illegal weapons.

Once SGPOA emerged as the most visible leader and organizer of the recall campaign, Robles and his cronies targeted SGPOA board members with a wide array of retaliatory attacks, which, they hoped, would discourage all members of SGPOA and the South Gate Police Management Association (SGPMA) from continuing in their unified battle to oust the officeholders.

In fact, these retaliatory efforts had exactly the opposite effect. They strengthened the resolve of the POA and PMA membership to strive ever more vigorously to get the community informed, involved and moving in the right direction, culminating in the lop-sided recall election results.

One such retaliatory scheme featured Ruvulcaba’s civil suit for “harassment”, which sought an injunction prohibiting SGPOA board member Frank “Pico” Rivera, and other citizen-recall proponents from “following, annoying, molesting and being or remaining in Ruvulcaba’s presence.” The lawsuit paid for with taxpayers’ funds, was based on trumped-up and highly overblown claims that Rivera and the others stalked, threatened and assaulted the mayor at public gatherings where she appeared as a public figure to promote her agendas and those of her partners.

Of course, the issuance of a harassment injunction could, because of the potential for accompanying orders prohibiting the ownership and possession of firearms, present a serious threat to an officer’s career, even though it is based upon specious allegations. Harassment injunction cases are difficult as well, because they place the defendant, here Pico Rivera, in the position of proving that the claims of fear, emotional distress, assault and credible threats to the plaintiff’s safety are baseless. If the court is persuaded that there is some danger to the plaintiff, and the potential for further “stalking”, the court will usually err on the side of safety for the complainant, despite the “clear and convincing” burden present in these cases to win the injunction.

Moreover, the injunctions are customarily preceded by a temporary restraining order (TRO) issued ex parte by the court, to enjoin the defendant until a hearing can be held on the injunction.

So it was with Ruvulcaba’s lawsuit against Rivera. Faced with this clear threat to his livelihood, Rivera and SGPOA’s general counsel, Michael P. Stone, turned to PORAC LDF for help. Rivera and fellow board members Hannah Campos, Tony Alonzo, and President Al Lopez met with the LDF trustees in a request for affirmative relief under the terms of the Plan Document. After due consideration, the trustees voted to fund Rivera’s defense and assigned the case to Stone.

On the trial date, Ruvulcaba’s attorneys declined to pursue the injunction, presumably because they could see that Rivera and his counsel were prepared to try the case and win. As all of Rivera’s subpoenaed witnesses sat waiting in the hallway outside the courtroom in Norwalk Superior Court, Ruvulcaba’s lawyers agreed to dismiss all claims against Rivera after a six-month continuance in return for a waiver of his claims for costs and attorney fees.

Subsequently, the dismissal was filed and the court suspended all further proceedings.

The South Gate PD is on the road to recovery, along with the rest of city government, due in large measure to the perseverance of SGPOA board members, including Pico Rivera.

At a recent meeting of the LDF trustees on March 7, 2003 in Pasadena, Rivera, Lopez and Campos appeared to personally thank the trustees and LDF staff for their unwavering support as the SGPOA fought to rid the city of the four politicians who corrupted local government, and to protect POA members from retaliation like Ruvulcaba’s civil action.