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April 14, 2010 in City
Police union has ‘no confidence’ in Kirkpatrick
Kirkpatrick
(Full-size photo)
Union leaders representing Spokane Police Department officers say they have approved a no-confidence vote against Chief Anne Kirkpatrick and her administration.
The Spokane Police Guild said a “majority” of its 268 members voted in March that they have no confidence in the “office” of the police chief.
“Our people are shaken to the core over this lack of trust,” said Guild President Ernie Wuthrich, a Spokane police detective. “We’re at an all-time low at this point.”
But union leaders refuse to release vote tallies, saying they never have for other votes and see no need to now.
Despite the vote, Kirkpatrick enjoys strong support from elected leaders, who credit her for holding employees to higher standards, and the department’s lieutenants and captains, who gave her a vote of approval after learning of the union’s vote.
Kirkpatrick said Wednesday that she has doubts that the union’s no-confidence vote won a majority of votes of the total membership.
“To me, the question is, why are you hiding your numbers?” Kirkpatrick said. “To me, this is a failed coup. … They called for my firing and the mayor has made it very clear that’s not happening.”
She called the timing suspicious, noting that she announced early this year that she is applying for the open police chief position in Seattle. Kirkpatrick also questioned why the guild’s no-confidence vote is about the “office” of the chief, not just about Kirkpatrick.
Federal court documents filed this week indicate that Assistant Chief Jim Nicks will testify that Officer Karl Thompson used excessive force against a mentally ill janitor who died in police custody. Wuthrich said the vote was unrelated to Nicks’ possible testimony.
Wuthrich and Guild 1st Vice President Jeff Harvey, a detective, say the issues come down to how Kirkpatrick implements change, how she handles discipline, and how she works with the union. Specifically, union leaders point to changes in shift schedules, the neighborhood policing program and the way the police department investigates critical incidents such as officer-involved shootings.
“She’s going to do what she wants to do and she expects the guild to pick up the pieces,” Wuthrich said. “People can lose their jobs because of a mere allegation.”
Instead of working with union leaders to avoid unfair labor practices and arbitration, she’ll make decisions knowing they’ll likely be reversed through the union process, Wuthrich said.
Kirkpatrick stressed that she always seeks advice from the city legal staff and human resources department and sometimes the mayor when severe discipline is considered.
“There are not just Anne Kirkpatrick decisions,” she said. “They are not made in a vacuum.”
Guild leaders point to recent cases that give them pause:
•Kirkpatrick fired Officer Jason Uberuaga after he was accused of rape. No charges were filed, and a civilian arbitrator ordered Kirkpatrick to reinstate Uberuaga with back pay.
•Detective Jay Mehring was placed on leave without pay after he allegedly threatened his estranged wife. A jury acquitted him, and Mehring kept his job and earned back pay.
•In another case, Wuthrich said, the union hired an investigator to help an employee facing dismissal for sexual harassment. The investigators found evidence the accuser was lying and saved the employee’s job. .
“We’ve never had to do that before because the chiefs have been reasonable, or they’ve been more thorough,” Wuthrich said.
Union leaders declined to discuss the recent case of Sgt. Brad Thoma, who left the force in December after an arrest for drunken driving and hit-and-run. Kirkpatrick told Thoma he would be eligible to return as a detective – a demotion – once his driver’s license was restored without a breathalyzer requirement, which would take at least two years. Thoma has filed a $4million wrongful termination claim against the city.
Capt. Steve Braun, president of the Spokane police Lieutenants and Captains Association, said “I think all but one” of its 13 members gave Kirkpatrick a vote of approval when they learned of the union’s pending vote.
“We have confidence in the leadership and the direction that it’s going,” Braun said. “There’s a perception at the line level, and at the supervisor’s level, about what’s broken and what’s the best remedy. …These types of issues occur in any type of organization that has the number of employees that we do.”
Braun said of the seven chiefs for whom he’s worked, Kirkpatrick is the best.
“I just don’t see a personal agenda in her,” Braun said.
Elected leaders brushed aside the vote, saying it’s difficult to take seriously without knowing the tally.
“I’m not concerned,” said City Council President Joe Shogan. “I have confidence in the chief.”Kirkpatrick said she would not comment on the guild’s vote after Wednesday and that she will move toward healing the department.
“The struggles I have are with the leadership, not the membership,” she said. “I believe in this department, and we will get through it.”
MAC faces angry crowd 
SugarShane on April 14 at 9:03 p.m.
“We’ve never had to do that before because the chiefs have been reasonable, or they’ve been more thorough,” Wuthrich said.
More like “We’ve never had a chief so unwilling to turn a blind eye to the transgressions of their officers on and off duty.”
Who cares about the cops faith in Kirkpatrick? They obviously dont care about the publics faith in the SPD. Funny how they wouldnt comment about Thoma and say what a bad rap they think he got.
edmitch on April 14 at 9:39 p.m.
I have never understood “no confidence” votes in public managers. The chief of police works for the people of the city and does not report to the police officers.
The only “no confidence” vote that matters is that of the City Council and the taxpayers who pay the salaries of those in the police department.
(I have no opinion on whether Kirkpatrick is doing a good or bad job or whether any union grievances are valid or not.)
crader72 on April 14 at 9:47 p.m.
That’s O.K. the majority of the residents of the City of Spokane have “no confidence” in the officers of the SPD.
Ron_the_Cop on April 14 at 10:09 p.m.
FYI - Well now the S-R finally reports this significant story albeit a day late and a dollar short:-). So what else is new. The significant story regarding the IED found at the federal courthouse was reported once it was broken by the Newsweek.
Ok I had to needle a bit:-) A vote of “no confidence” of a police chief is newsworthy in and of itself. No matter what the agendas of the affected parties may be.
Seriously as a two-term president of a police association in a large Southern CA City, I’ve some perspective in these matters. Further I just completed teaching a college level course in “Controversial Issues in Law Enforcement.” I can understand this issue from the perspective of police management and also the rank and file. I listened to Chief Kirkpatrick and members of the police guild last week on the Mike Fitzsimmons Radio Show.
There is no question that Spokane PD has an image problem re several high profile incidents over the last couple of years. I’m sure most of the members of the police guild are very dedicated officers that want to serve the public. What has been lacking is leadership from the top. I believe that Chief Kirkpatrick’s heart is in the right place in turning this department around. Too be sure this is a very difficult dance between management and the guild. It’s unfortunate that this went public as the public oftentimes is not familiar with the nuances of police discipline.
From listening to the guild it appears they are not in disagreement with her disciplinary decisions on these high profile cases. What they are concerned about according to them is her unfamiliarity with state and case law dealing the discipline of police officers. This should be the bread and butter of a Chief of Police. This is a very complex issue when dealing with due process rights of officers. This must be fully understood when investigating alleged police wrong doing for possible criminal prosecution while at the same time conducting administrative review. Officers can refuse to give a statement for a possible criminal action just like any citizen can refuse to talk with the police. On the other hand once they refuse they can be compelled to give a statement in the administrative review process that can lead to eventual termination.
I sense it is these nuances that the guild is concerned about and according to them they have tried to work out these issues internally to no avail. They were not opposed to outside agencies investigating their critical incidents (Death of another at the hands of the police) and were willing to work out the details with the Chief. Unfortunately these discussions had not taken place at the time of the Jay Olsen incident. The Sheriff Dept handled this investigation but it was these procedural details that were not worked out in advance that led to misunderstandings in this investigation.
[Continued]
spokanada on April 14 at 10:10 p.m.
SPD officers need to STFU and concentrate on setting a good example for the citizens of Spokane. Right now they look like a bunch of spoiled babies.
The negative PR brought upon the SPD by its officers has been horrendous over the past five years.
Ron_the_Cop on April 14 at 10:13 p.m.
[Continued from above]
My own concerns with Chief Kirkpatrick is her handling of the Savage manslaughter case after former Sheriff Tony Bamonte filed his formal criminal complaint (Read more here - http://tinyurl.com/ykemtqr ). I’m in the process of filing an official complaint with Tim Burns, the new SPD Police Ombudsman re the lack of a meaningful investigation into the death of Savage in the RPS Parking gArage. Secondly Chief Kirkpatrick’s unqualified support of Asst. Chief Nicks as her successor if she lands the Seattle PD job is surprising to me. I don’t know the inside story but it was Chief Nicks who was at the helm at the time of the Otto Zehm incident.
I know there are oftentimes miscommunications on these incidents but Chief Nicks appears to have deliberately mislead the media re the video of the Zehm incident. Chief Nicks was also at the helm when detectives told the firefighter (Daniel W. Ross) to destroy the digital photo evidence of the sexual encounter with the 16-year-old girl in the Spokane fire station while he was on-duty. This was destruction of evidence in a potential child porn case for which they received a couple of days off.
http://www.spokesmanreview.com/breaking/story.asp?ID=6238
“On Monday, Acting Police Chief Jim Nicks said Ross told Detective Sgt. Joe Peterson and sex crimes Detective Neil Gallion he didn’t know the girl was under 18 and said the detectives directed Ross to delete the digital images because they couldn’t allow him to continue to possess the sexually explicit photos – a violation of state law – after being told she was 16.”
I don’t know the inside information regarding this investigation re the destruction of evidence but it does seem disingenuous to me. My sources say Chief Nicks is a smart guy but may be too nice of a guy to be chief.
Det. Ron Wright (Retired)
spokanada on April 14 at 10:26 p.m.
Ron, thanks for the posts!
Mr_Bloggy on April 14 at 10:51 p.m.
Ron, try Lithium Carbonate.
The Chief, who I’ve thought lowly of, has just skyrocketed up my approval rating by virtue of a no confidence vote of the Guild.
She must be doing something right if those thugs and liars don’t approve of her.
ramboyd on April 14 at 11:02 p.m.
Finally, a chief that says enough of the shenanigans and getting rid of bad cops. Keep up the good work! I’m union but I have to agree with the chief on this one.
Ed Byrnes on April 14 at 11:04 p.m.
Chief Kirkpatrick has been consistently transparent with the citizens she serves. The failure of the guild to provide a vote count and place it in the context of those present to vote and the total number of guild members is not only antithetical to transparency, it also exemplifies the ongoing sense of privilege and entitlement that plagues the SPD.
In a letter some months ago I encouraged rank and file SPD officers to come forward and condemn the behavior of Sgt Thoma and not one did to my knowledge.
I know first hand that there are excellent and dedicated officers in the SPD who should in no way be associated and tarnished by the antics of their peers. Please begin to come forward to begin healing the ever worsening mistrust between the citizens and the SPD.
Ron_the_Cop on April 14 at 11:08 p.m.
LOL Mr. Bloggy. I was just trying to provide some perspective to this story. Actually my real interest is why the S-R has been sitting on this story since last week when it was first broken on KXLY. Care to give me an answer on that one?
BTW re your comment on Tim Burns in the other thread, I’ve actually met him and found him to be a stand up guy. I had him in to speak to my class. The proof will be in the pudding if the powers that be allow him to pursue my complaint against SPD for the lack of any meaningful investigation into the Savage death.
Det. Ron Wright (Retired)
PlanB on April 14 at 11:44 p.m.
Of course the guild doesn’t like her - she’s at least occasionally shown some morality and integrity, which represents everything the guild is against.
I’m all for workers rights but the guild is holding the citizens of Spokane hostage and has NEVER known who they are really supposed to be serving. I wish the mayor and city council would show some backbone and bust that corrupt union.
Dazzeetrader11 on April 15 at 12:32 a.m.
Nicks isn’t a favorite of the Guild either Ron..remember? They don’t want either of them? I listened online.
Ron_the_Cop on April 15 at 12:54 a.m.
FYI there is a new article thread now at:
http://www.spokesman.com/stories/2010/apr/15/union-says-members-lack-faith-in-police-chief/
lewis8457 on April 15 at 8:56 a.m.
Mayor Verner hung the tax payers of Spokane when she bowed down for the guild and signed a new contract with them.
She should have refused and disbanded the guild and called in the national guard until we could form a new police system.
Showing how weak she is Mary Verner should have started looking for a new police chief the second Kirkpatrick told her she was looking for another job.
Kirkpatrick doesn’t have a chance in hell she never did.
As for police ombudsman he sure is quiet for being a police ombudsman in a city ripe with corruption. More wasted money in my book. It is great he has time to speak at classrooms but will he ever do anything about the disrespect the citizen has for his police officer. Why should he, he is making 100 grand a year.
Ron_the_Cop on April 15 at 3:01 p.m.
Daisy,
It appears the feds have issues with Chief Nicks. Nicks is doing a 180 from his initial statements to the press. This is why I’m surprised that Chief Kirkpatrick is unequivocally endorsing him as her replacement. Tim Connor has a new piece up on the Zehm case re the other lead story in today’s paper:
Tightening the Screws
Published on April 15, 2010
The Justice Department’s latest filing in the Zehm case offers a new look inside the pressure cooker that likely awaits the Spokane Police Department and its attorneys at trial later this year. . .
http://cforjustice.org/2010/04/15/tightening-the-screws/
These are just some of the issues I was alluding to re representing officers when there are multiple potential defendants.
I’ve already commented on what my opinion is on the Zehm case ( http://tinyurl.com/y2xkdrg ). Here’s a hypothetical case. Officers are entitled to legal representation when they are acting within the course and scope of their employment by their employer (*). Assume that the officer was acting appropriately but for some reason gets sued or criminally charged. The problem occurs when the attorney provided by the City is inclined to represent the interests of the City more so than the officer. This is the issue that may be surfacing in the federal case now.
(*) In our case we provided legal defense to our officers through are membership with PORAC (State police labor organization) so these conflicts didn’t happen. The officer was represented without having to second guess the motivation of the city supplied attorney. Trust me I know of cases where city supplied attorneys were not acting in the best interest of their officer client.
Det. Ron Wright (Retired)
Ed Byrnes on April 15 at 9:10 p.m.
Ron, is the CFJ “Tightening the Screws” piece Tim’s? If he has another piece on this case please post a URL if you have it.
I think I was more confrontational in my earlier posting than would do any good.
We have a definite divide between the citizens and police in our community.
The actions of a few officers are tarnishing the good that most of the force does.
I believe that most citizens, myself included, want to build bridges and heal our community.
Ron, based on your experiences how can us citizens effectively reach out to the solid SPD officers and encourage them to change the climate in their agency?
Respectfully submitted, Ed Byrnes.
Ron_the_Cop on April 16 at 11:44 a.m.
Ed,
I think Tim has written some other commentary and straight news pieces re CFJ’s involvement in the Zehm case. Just go to their home page and click around on the news links and Tim’s kitchen table at the bottom of the right side rail. Also run “Otto Zehm” in their search box.
http://cforjustice.org/
With regard to your other question you might want to read the comment I just posted in the other thread. It may give you some of my insight as to where the solutions lie. Sorry but I don’t have more time to answer more specifically as I have to teach tonight in my college class, “Community Oriented Policing”:-)
http://www.spokesman.com/stories/2010/apr/15/union-says-members-lack-faith-in-police-chief/?comments#c141505
This is a very difficult walk to walk to restore the trust in the police department. I do sympathize with the rank and file of the PD but there are significant issues with City management that must be first addressed/fixed before meaningful change can occur with police management/leadership.
Also I wouldn’t be too hard on Tim Burns, the new police ombudsman, yet. I met with him several times and find him to be very sincere and willing to heal the division between the police/community. The question is whether the “powers that be” will allow him to be that broker of meaningful change/transparency?
Ron