L.A. fire commanders sue city, alleging retaliation after reporting misconduct

Two top commanders in the Los Angeles Fire Department’s arson and counter-terrorism unit are alleging they were retaliated against after alerting superiors about misconduct, including at least one false arrest and the fabrication of evidence, according to court records and interviews with sources.

Battalion Chief John Miller and Capt. Michael Rueda say they were transferred out of the department’s Arson Counter-Terrorism Section after disclosing “violations of state or federal statutes” by members of the unit, according to a lawsuit filed in Superior Court.

The complaint against the city does not specify the misconduct alleged by the two commanders. But two department sources familiar with the case said Miller and Rueda told authorities that, among other things, investigators made at least one false arrest and fabricated evidence in a case.

 “I think that’s in the general spectrum of the types of misconduct that we reported,” said attorney Marla A. Brown, who represents Rueda.

The lawsuit, filed July 1, follows a city audit that criticized arson investigators for poor record-keeping, failing to pursue leads and not analyzing crime trends. The January audit was conducted by the Los Angeles Police Department, which works closely with arson investigators.

“There were investigative deficiencies with evidence collection, canvassing for witnesses, interviewing all possible witnesses and exhaustive identification and follow up on investigative leads that potentially resulted in missed opportunities to advance and clear investigations,” the audit found.

The lawsuit, which seeks unspecified financial damages, does not disclose whether Miller and Rueda were working with auditors. But Brown said, “that’s clearly implied.”

She said both men have been transferred back to the arson and counter-terrorism unit but are now the subjects of internal affairs investigations that are part of the department’s alleged pattern of retaliation. “This is a whistle-blower lawsuit,” Brown said.

Both men have been members of the department for more than 30 years. Miller is the head of the arson unit and Rueda is one of his supervisors. Rueda is the brother of Fire Department Deputy Chief Mario D. Rueda.

The suit alleges that the men had their handguns taken away after they reported misconduct in the unit (arson investigators are peace officers and carry weapons).

Miller and Rueda also received threats after raising their concerns, according to the lawsuit. “We believe it was somebody that felt threatened by what they were doing,” Brown said.

-- Robert J. Lopez

Comments

[Looking for balance]

Half of me says we don't need an environment of constant tattle-telling, but the other half of me says that misconduct needs to be reported. I guess its just about balance and the best judgment of the department's management. That's gotta be tough.

[Carlos Gallegos]

Another L.A.F.D. scandel. What next? is this fire dept. ever going to realize a change in upper management is way over due. The internal investigation process a.k.a. Professional Standards division is a joke and a waste of tax payer money. They should be investigated by an independent source for their own sanitized investigations. Let's audit records/tape recordings of interviews by this investigative unit. Make sure the start/finish times were recorded at the beginning of interviews as they have been known to erase/omit certain portions of tapings to match their sanitized reports.

[Concerned]

This articles content is outrages. The allegations about the Arson Unit are trumped up and furthest from the truth. When it is all said and done you will know what the truth is and then you will know where the real problem lies. The Department is responsible for the these supervisor's running wild making false accusations and not being accountable for their actions. When will the head of the Department take action on the truth regarding these rogue supervisors before it cost the City millions in lawsuits. Wake up and do whats right! The LAFD Arson Unit is reconized and is at the forefront in its field. The 18 Investigators that do the work are the most committed individuals you could ask for. Just ask previous supervisors that were incharge of the Unit. Assign supervisors that realize and belive in this and the problem will be solved. A cancer has taken over the Unit and it needs to be addressed. Take action!