Chula Vista Police Chief Files Retaliation, Defamation Claims Against City

Chula Vista Police Chief Roxana Kennedy on Tuesday filed back-to-back legal claims against the city, accusing city leaders of defaming her and conspiring to oust her from her job. 

In one of two claims, Kennedy, who has led Chula Vista’s police department since 2016, said recently appointed City Manager Tiffany Allen sought to force her from her job late last year by “mak[ing] unsubstantiated accusations against [her and] making her job so unpleasant that she would resign under pressure/duress before she was ready to retire.” 

In a second claim, Kennedy accused Allen of defaming her by discussing her job status with someone outside the city and making disparaging remarks about Kennedy. 

Kennedy’s lawyer, Cory Briggs, said the second claim stems from a series of text messages Allen exchanged with former Chula Vista City Manager David Rowlands in January and February. In the exchange, Allen and Rowlands discuss Kennedy’s job situation and Allen thanks Rowlands for his “guidance.” 

Briggs said the texts, in which Rowlands at one point alludes to Allen’s “concerns” about Kennedy, show Allen was “sharing negative information about the chief outside of the city[‘s] chain of command.” 

Briggs said he also filed a complaint with the United States Equal Employment Opportunity Commission, requesting an investigation into what he called Chula Vista officials’ retaliation and age- and ethnicity-related discrimination against Kennedy. 

The claims against Chula Vista seek “general and/or special damages according to proof.” City officials have 45 days to respond before Kennedy files a lawsuit, Briggs said. 

Kennedy, who is 65, has been on medical leave since January. She referred questions to Briggs. 

Allen referred questions to Chula Vista spokesperson John Cihomsky. 

In a statement, Cihomsky said, “The city of Chula Vista received two claims from Cory Briggs on behalf of Ms. Kennedy. The city denies the allegations and will address the complaints in the appropriate venue.” 

Rowlands could not be reached for comment. 

The dispute between Kennedy and city leaders began in December, when Kennedy attended a police union holiday party and jokingly stuffed dollar bills into the pants of a shirtless police officer who was doing a Chippendales-style routine during a dance contest. 

Afterward, Allen, who also attended the holiday party along with other city officials, told Kennedy her behavior at the party was inappropriate. Allen asked Kennedy to address the issue with police department staff. 

A short time later, Kennedy requested to go on medical leave for unspecified reasons and hired Briggs. 

Briggs said he believes Allen sought to oust Kennedy with the backing of three Latino city councilmembers on Chula Vista’s five-member City Council. Briggs said the councilmembers want to replace Kennedy with a Latino. 

“Tiffany [Allen] didn’t go out on a limb without thinking she had three councilmembers [who had] her back,” Briggs said. 

All four of Chula Vista’s Latino councilmembers have categorically denied Briggs’ accusation. The city’s communications office also has issued multiple statements denying the allegation, calling it “deeply offensive.” 

Mayor John McCann has voiced support for Kennedy, saying in media interviews and at City Council meetings that Kennedy has kept the city’s crime rate low and elevated the police department’s stature as a technological leader. 

The dispute between Kennedy and city leaders has embroiled City Hall, prompting a protest outside a recent City Council meeting and drawing dozens of Kennedy’s supporters to the Council’s public comment podium. 

In the text exchange between Allen and Rowlands, which took place from Jan. 28 to Feb. 6, Rowlands appears to act as an intermediary between Allen and Kennedy. 

At one point during the exchange, Rowlands says he “just spoke with Rox[ana]” and describes what he calls a “proposed resolution” to the standoff between Kennedy and the city. 

The five-point proposal includes a statement from Kennedy’s doctor that Kennedy “cannot work for medical reasons;” city payment for what Rowlands calls “medical disabilities” and “medical retirement;” and a public retirement announcement from Kennedy followed by what Rowlands calls “a walk out ceremony for her.” 

It is unclear who proposed the resolution Rowlands describes. In the text exchange with Allen, Rowlands says he “texted with Rox[ana] and explained you agree with her five points.” 

But Briggs said Kennedy “never agreed to anything [and] did not propose those points.” 

Briggs attributed Rowlands’ statements to a misunderstanding. 

“I think Dave is trying to be relevant, and he’s telling both sides what they want to hear,” Briggs said. 

Earlier in the text exchange, Allen thanks Rowlands for talking with Kennedy and wishes Kennedy well. 

“I’m trying to stay focused on doing what’s right for our employees and the community, but this has been hard,” Allen says in the exchange. “Appreciate your guidance.” 

Asked whether Kennedy still wants to return to work after laying the groundwork to sue the city that employs her, Briggs said Kennedy “is not ready to retire.” 

“She loves her job,” Briggs said. “She no longer loves her supervisor.” 

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