Former Oakland police chief declares himself vindicated after report says firing should be “reversed”

OAKLAND — Before former Police Chief LeRonne Armstrong was fired in February, an inquiry found that he had failed to hold a problem cop accountable and gave statements to outside investigators that lacked credibility.

Now, a retired judge tasked with reviewing Armstrong’s appeal has concluded there was no basis for the fired ex-chief to face discipline.

“The discipline imposed on Chief Armstrong should be reversed and removed from his personnel record,” states the report by retired Judge Maria Rivera, the author of a new confidential report obtained by this news organization.

The report — first obtained by KQED — is non-binding, meaning it alone could not force Armstrong’s reinstatement as chief of the Oakland Police Department.

But it could play a significant role in Armstrong legal and public efforts to clear his name, which continued Monday, when he publicly declared himself vindicated.

“It really clearly says that I did not engage in policy violations, that I did not have any issues around credibility, and the statements that were made regarding me in that investigation were unfounded,” he said.

Mayor Sheng Thao, who fired Armstrong in February, defended her decision on Monday, saying it wasn’t based on the investigators’ initial findings, but rather how he had launched into a “knee-jerk” public crusade to keep his job.

While on paid leave in January, Armstrong repeatedly defended his officers’ alleged wrongdoing as “mistakes” and suggested he was being unduly targeted for firing by a federal official who oversees OPD’s affairs.

“By immediately and prematurely standing up for himself personally, Mr  Armstrong failed to stand up for accountability at OPD,” Thao said. “His conduct forced me to make one of the most difficult decisions I have ever had to make.”

Rivera’s report, meanwhile, recommends that the parties “discuss all of the ways in which this dispute might be resolved in negotiations, including the possibility of reinstatement.”

“It would be wise for both parties, and of great benefit to the citizens of Oakland, to avoid the costs and related toll of protracted litigation,” the report states.

Armstrong was initially placed on paid administrative leave in January after an investigation by a San Francisco law firm determined he had overlooked the alleged misconduct of a sergeant under his watch.

Key details of the officer’s alleged wrongdoing — involving a hit-and-run with a civilian’s parked car — were watered down by his higher-ranking internal affairs officers, while the chief later gave statements in interviews that led the investigators to question his credibility, the investigation found.

Rivera’s report, though, finds that the investigation contained “inaccuracies in its characterization of Chief Armstrong’s statements during his interview, making the credibility assessment unreliable.”

It goes on to determine that the investigators’ conclusions “are not adequately supported in the record, and lack appropriate context.”

The report takes no formal position on whether Armstrong should be reinstated, noting that decision should involve “consideration of intervening events, as well as policy matters.”

Still, the report is likely to hold political weight. The head of Oakland’s civilian-led police commission offered support Monday for the chief’s possible reinstatement.

“We were aware at the time that the charges against the chief lacked credibility and said so publicly,” said Tyfahra Milele, the commission chair, who earlier this year was not approved for another term as a member — largely due to political controversy around her insistence that Armstrong not be fired.

Notably, the report does not take a stance on Robert Warshaw, the federal official overseeing OPD whose integrity has come under fire from Armstrong.

Jim Chanin, a civil-rights attorney whose lawsuit against OPD two decades ago led to the department to be placed under federal oversight, said he had his own qualms with the outside investigation in January.

But, echoing the mayor, Chanin said it was Armstrong’s public campaign against the authorities — and not the initial scandal — that led to his undoing.

“It’s hard to see how he could expect to be in the department or chief of police when he thought the monitor was corrupt and the mayor was his pawn,” Chanin said in an interview.