UPDATE: Purvis Attorney Fires Back at Peterson, Says 'Payment by City Proves There Were Problems'

Update 4:05 p.m. An attorney for former Banning police Chief Leonard Purvis has responded to Councilman Don Peterson's statement earlier Monday Dec. 30, in which Peterson touted a city insurance attorney's finding of no wrongdoing by Peterson in connection with a claim filed by Purvis.

Peterson also said Purvis's accusations were "completely fabricated and false."

Purvis said by phone Monday afternoon he could not comment due to terms of a $300,000 settlement he reached with the City of Banning, and deferred to his attorney, Bradley Gage of Woodland Hills.

"There was a settlement in the lawsuit where the city paid a substantial sum of money based on the allegations of our lawsuit," Gage said Dec. 30 in an email to Patch. "The claims included actions by Peterson.

"If the city did not realize there were problems with the case they would not have paid so much money early in the litigation," Gage said. "To say that Peterson was cleared of wrongdoing because of a release demonstrates a fundamental misunderstanding of how lawyers craft settlements.

"It is common when a city pays large sums of money because of the wrongdoing of its employees for the plaintiff to dismiss individual defendants," Gage said.

"There was neither an 'investigation' nor discovery that was provided in the lawsuit to absolve anyone from the city of wrongdoing," Gage said. "The large Payment by the city proves there indeed were problems with the way the city treated chief Purvis. Purvis is a good man that did a great job for the city. He does not deserve to be mistreated by the city or its council."

Purvis first filed a $250,000 claim against the City of Banning in July, alleging misconduct violations by Peterson that occurred in December 2012 and March 2013. The city settled with Purvis in November, and Purvis was rehired by the Sheriff's Department earlier this month.

Posted 2:05 p.m. Banning City Council member Don Peterson released a statement Monday touting a city insurance attorney's finding of no wrongdoing by him in connection with a claim filed by former Chief of Police Leonard Purvis.

Peterson also said Purvis's accusations were "completely fabricated and false."

Purvis and his attorney, Bradley Gage of Woodland Hills, could not be reached to comment for this report.

Purvis filed a $250,000 claim against the City of Banning in July, alleging a "culture of retaliation" against him and misconduct violations by Peterson that occurred in December 2012 and March 2013.

Purvis went on voluntary paid leave effective Oct. 5. The City of Banning reached a $300,000 settlement with Purvis in November. He was rehired earlier this month by the Sheriff's Department.

Here's Peterson's statement released Monday Dec. 30:

On July 1, 2013, former Chief of Police Leonard Purvis filed a claim for money damages with the City of Banning, alleging that Council member Don Peterson had engaged in certain instances of improper conduct.

The lead attorney for the City's insurance carrier, ERMA, has concluded that "no findings of wrongdoing" were made in regards to Council member Peterson's conduct towards former Police Chief Purvis.

The attorney's memorandum was submitted via email on December 30, 2013, by ERMA lead counsel Melanie M. Poturica.

Don Peterson states: "The memorandum confirms, what I have maintained all along: former Chief Purvis’ accusations were completely fabricated and false. I always acted within the scope of my elected duty."

Peterson's statement included the Dec. 30 email from Poturica, which was copied to City Manager Andy Takata and City Attorney Dave Aleshire. Here's the email verbatim:

Dear Don,

The purpose of this memorandum is to provide you with notice that there have been no findings of wrongdoing against you in connection with the Purvis claim.

The City and Purvis specifically disclaim any liability to, or any wrongful acts against each other, or against any other person or entity, on the part of themselves, any related person or any related predecessor corporation or its or their agents, representatives or successors in interest and assigns.

Once again, there have been no findings of wrongdoings by you, and now that the claim has been withdrawn, we consider it closed as to you. There remain conditions for the City and Purvis to fulfill under the terms of the Settlement Agreement and General Release.

Take care and my best to you in 2014. Happy New Year!

Melanie

Melanie M. Poturica | Partner

6033 W. Century Boulevard, 5th Floor Los Angeles, CA 90045

For background see:
City of Banning's $300K Settlement with Former PD Chief Purvis: The Fine Print

Purvis Rehired by Riverside County Sheriff's Department

UPDATE: Banning Police Have No Chief, Purvis on Voluntary Paid Leave

Banning Police Chief Files $250,000 Claim Against City