Action News spoke with a former independent police auditor who says the city's lack of transparency is fueling the intense public scrutiny.
When Police Chief Paco Balderrama spoke to Action News on Wednesday, he sounded defiant amid an investigation into an alleged inappropriate relationship.
"If I sold insurance, if I was a principal, if I was a director of another department," said Chief Paco Balderrama, Fresno Police. "Would this make news? No, it wouldn't."
LaDoris Cordell (a retired Superior Court judge and former independent police auditor for the city of San Jose) says given Balderrama's position, the scrutiny is appropriate, and the chief should be held to a higher ethical standard than the average citizen.
"This kind of baggage now is distracting from any good work that law enforcement does," Cordell. "However, this is not, and I emphasize not a trivial matter. The policies and procedures specifically state and address off-duty behavior. You have to have a higher standard if you're going to be in law enforcement
Initially, the city said Balderrama would stay in his position during the investigation, but reversed course Wednesday night saying he would be put on administrative leave due to the intense public scrutiny surrounding the investigation.
Cordell said hiring an independent investigator was the right move, but the lack of transparency only increases public scrutiny.
"The public should know, who is this investigator," said Cordell. "What are the investigator's credentials? And how was this investigator selected to do this? So those are very, very important questions because they go to the credibility of the investigation."
Cordell said under the Peace Officer's Bill of Rights the public does not have the right to details on misconduct or what discipline is imposed, but she said transparency during and after the investigation would help rebuild public trust.
"It is my hope that the city officials will disclose all of the information," said Cordell. "If the investigation vindicates the chiefs, so be it. If it does not, the public needs to know, no matter what happens, and also needs to know what is, what are the repercussions."
Thursday afternoon, City Attorney Andrew Janz sent Action News a statement.
"As the former independent auditor pointed out, the police chief and other officers, have protections under state law that prohibits me from conducting this investigation in a public setting. The fact that I appointed an independent investigator demonstrates the City's commitment to having an unbiased, administrative investigation."
Thursday morning, Councilmember Miguel Arias raised concerns of a double standard.
"In my tenure, several high-ranking city officials have openly engaged in extramarital affairs with city employees under their chain of command in those incidents, those officials, who happened to be white, did not face discipline or termination," said Arias.
He says he will be monitoring the investigation to ensure employees of color are treated fairly.
Balderrama was set to speak at a public safety conference in Atlanta tomorrow. However, when I reached out to organizers, they said he was no longer speaking and is not on site.
For news updates, follow Kate Nemarich on Facebook, Twitter and Instagram.