May 25, 2010 in City

Spokane City Council delays police oversight decision

Legal issue stalls proposal to expand ombudsman powers

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Two dozen people urged the Spokane City Council to let the city police ombudsman listen to someone other than police about police misconduct, but a confidential legal memo stood in the way Monday.

Councilman Bob Apple was the lone opponent of an effort to delay for a month any decision on his proposal to let ombudsman Tim Burns conduct his own investigations into complaints of police misconduct.

Apple told the rest of the council he would vote no because of the secret nature of “that information you touted so heavily.”

If the council failed to take action, Apple said, city staff members “have snowed you.”

Councilwoman Nancy McLaughlin said she had been prepared to vote for Apple’s proposal until a couple of days ago, “when we received some other information on what this may cost the taxpayers if this isn’t done correctly.”

McLaughlin said in an interview that she referred to a confidential memo from assistant city attorneys Mike Piccolo and Pat Dalton.

McLaughlin declined to discuss the details of the legal advice, but said council members are “tired of them telling us that we can’t do it,” and told city attorneys to “help us come up with something.”

“I think now we’ve got our legal department on board,” McLaughlin said, adding that the “last thing” the council wanted to do was to pass an ordinance without support of the lawyers who would have to defend it.

Councilman Jon Snyder said the problem facing the council is that Washington law defines “working conditions” – which are subject to collective bargaining – very broadly.

Also, he said the state’s open public records laws are a problem. The ombudsman’s investigations would be subject to public disclosure, but witnesses should be able to testify “without fear of it becoming public,” Snyder said.

Police reports also are subject to public disclosure once an investigation is complete, and court testimony is public.

Snyder said he was “particularly touched” by David Edwards’ testimony Monday about being so afraid during a traffic stop on Martin Luther King Day that he wet himself.

Snyder said he trusts Edwards, who is a coach, with his son’s safety.

Edwards said he was stopped for an allegedly improper left turn and wound up with officers pointing guns at him even though he has no felony record.

He said he filed a complaint with the ombudsman’s office and got only a single-sheet letter stating that his case had been closed.

Edwards said all Burns could tell him was “the police won’t allow me to do anything.” Burns “wouldn’t even talk to my witnesses,” Edwards said.

“This is all I got out of my investigation,” Edwards said, wadding the letter from Burns.

“I would love to get my money back,” Edwards said, reflecting other comments that Burns’ salary is a waste of money. “This man has done nothing for me.”

Kiondra Bullock urged the council to “err on the side of the people” for a change.

“People are dying,” she said. “I don’t want to be next.”

And Bullock said she felt she had a better chance of dying at police hands because she’s black and can’t hide it.

Attorney Terry Sawyer told about showing the video recording of mentally ill janitor Otto Zehm’s fatal encounter with police to Zehm’s mother so she wouldn’t have to watch it on television by herself.

Were it not for the convenience store security video, the only record would have been the very different account officers gave, Sawyer said.

Several council members – including McLaughlin, Snyder, Steve Corker and Council President Joe Shogan – said they were moved by the testimony.

They vowed to take action in several weeks.

20 comments on this story so far. Add yours!

• 

  Ron_the_Cop on May 25 at 2:23 a.m.

  I too spoke in favor of the Apple’s ordinance as an interim step in regaining the trust of the citizens of Spokane in Spokane PD. I believe the “secret” information from the City Attorney’s Office should have been made public. I don’t think there is any provision for keeping it secret under WA’s Open Meeting Law. Perhaps the S-R should challenge this.

  Yes, Mr. Edwards’ story was compelling as were many others who told their stories of less than stellar actions by SPD. Correction thought it was a letter from Chief Kirkpatrick that Mr. Edwards balled up. Seems as though her letter arrived before Mr. Burns had the opportunity to recontact Mr. Burns after the IA investigation was concluded that the complaint was unfounded. I would hope SPD’s IA Unit would seek them out to investigate and confirm their stories for possible disciplinary actions.

  You may read my prepared statement to Council here:

  http://tinyurl.com/2enq3em

  Re the City Attorney’s Office:

  “Mr. Burns must also seek legal counsel from the City Attorney’s Office. With Mr. Treppiedi’s actions in the Zehm case that the US Attorney’s Office was outraged by as outlined in their recent motion, it is clear the City Attorney’s Office is not acting in the best interests of the citizens of Spokane. Mr. Burns should have the discretion of seeking outside legal counsel when he feels it is appropriate particularly when it involves issues of malfeasance of the Police Command Staff.”

• 

  ChefGus/ John Olsen on May 25 at 5:12 a.m.

  I was watching the hearing last night at home, after finishing a grueling day at Shalom, getting an end of the month breakfast, and dinner out to 400 people… but was so moved by the young woman who “happens to be attached to PJALS” through her parents that was intimidated by the police with unnecessary force that i got up from my chair and came down for the remainder of the proceedings.

  I have personally heard hundreds of stories in Spokane from real people that are not criminals at Shalom, and at Odyssey Youth Center who are part of the “community of other” that are lower level complaints, but represent a clear pattern of actions that look and feel like “Profiling” from some of the officers on this force. This needs to stop. People need to feel safe, and all persons of color and ethnicity and alternate sexual preference in this town live in fear EVERY day… and that is not constitutional… ALL have the right to freedom and lifel liberty and pursuit of happiness, and it is the Mayor, and City Councils sworn oath to make sure that we have that. Unwarranted search and seizure is against the law and should be prosecuted every time.
  Letting our legal department give ANY advice is a big mistake… a big mistake… we need to bring in the Federal Government to get this under control. John

• 

  Liberty_Bell on May 25 at 7:18 a.m.

  “And Bullock said she felt she had a better chance of dying at police hands because she’s black and can’t hide it.”

  Is a shame, the city dosen’t have an Attorney.

  Thats why Washington States very own, Justice William O Douglas wrote Monroe v. Pape, 365 US 167 in that United States Supreme Court!

  It could only confuse the Ku Klux, running Spokane, and the Ku Klux Act of 1871, from that 42nd Congress, and President Grant(R).

  Law for reform of the Democratic Party!

• 

  mikeln on May 25 at 7:22 a.m.

  There needs to be somewhere people that feel they have been mistreated by the police can go without feeling like they are still being mistreated by the police. If the police union is going to allow their officers to break the law without fear, it is time for the people to rid itself of this union, after all, we are the ones who pay them. We should not tolorate a union that hides the crimminal acts of its officers, as that makes them crimminal also.

• 

  liarsinnews on May 25 at 7:34 a.m.

  Clandestine like secret meetings at city hall and it appears Mayor Verner supports this type of behavior by the SPD . Any body watching last nights city council meeting one MIGHT think they were watching a horror movie. I migrated to Spokane in 1984 and decided to purchase land in the county rather than build a home in the city and did so (5 years later we were annexed). One of my first observations of the dysfunctional behavior of officials in our fair city took place shortly after arriving here. The SPD back then and now, in my opinion, hasn`t changed a bit. CORRUPTION WITH A CAPITAL “C”. The ship of fools at city hall would be wasting money rewriting the Ombudsman’s authority with their mind set believing both state law and the police union prohibits most changes and tying his hands.

• 

  horse_feathers on May 25 at 9:24 a.m.

  Check out www.boiseombudsman.org to see how it should be done. If we are not going to change the current status of Spokane’s we should change the name to underthebusman.

• 

  ChefGus/ John Olsen on May 25 at 9:44 a.m.

  Thinking of moving to Boise…. j

• 

  BitofBacon on May 25 at 9:52 a.m.

  Chef, if you need help packing, maybe you and Dick Adams can get a discount from U-Haul.

• 

  spokanada on May 25 at 11:11 a.m.

  Bacon, that was a clever comment. It must have taken a few minutes of deep thought to come up with something that witty. Keep up the good work.

  In regards to the story, how do you feel about the current role of the ombudsman?

• 

  Ron_the_Cop on May 25 at 12:28 p.m.

  For more comments on this topic there are some comments under Doug Clark’s column today, the Community Comment Blog and the previous thread:

  http://www.spokesman.com/blogs/commcomm/2010/may/24/show-hands-if-you-will-please/

  http://www.spokesman.com/stories/2010/may/23/council-to-consider-plan-for-stronger-ombudsman/?c=155139&comments=1#c155139

  http://www.spokesman.com/stories/2010/may/25/ombudsman-cant-polish-police-image/

• 

  lewis8457 on May 25 at 1:09 p.m.

  The Boise ombudsman came to town several years ago to show us how it is done. But we had to ask the guild if it was OK and they said no. It was shown then the guild has no concern over the citizens that pay its way.

  Our own 100 grand a year ombudsman Mr. Burns has said several times he does not need or want independent investigation powers, seems the guild and city got just what they wanted a neutered ombudsman that doesn’t even care if he is neutered. At 100 grand a year I wouldn’t care either.

  bit-o-bacon still using a alias i see, quack, quack.

• 

  liarsinnews on May 25 at 1:33 p.m.

  Oink, oink, oink. The bacon is fat and greasy.

• 

  Ron_the_Cop on May 25 at 2:08 p.m.

  FYI - Tim Connor has just published his account of the Council Meeting at the Center for Justice’s website. While Tim is acting in an activist role his account captured the essence of the meeting of the meeting better than Mr. Craig’s:

  http://cforjustice.org/2010/05/25/nothing-magical/

  “Nothing Magical”

  Published on May 25, 2010
  An embattled city council “punts” on Ombudsman reform ordinance, as activists and Bob Apple fume.

  By Tim Connor
  After waiting an extra week to take up a new ordinance that would give independent investigatory and reporting powers to the city’s Office of Police Ombudsman, the Spokane City Council last night voted 6 to 1 to defer action for another month. . .

• 

  mtorres55 on May 26 at 3:17 p.m.

  It’s not just the Guild - this struggle is also with “city legal” (the city’s lawyers), who continue to write “confidential” memos that frighten the city out of adopting any real oversight of an out-of-control Police Department, but which don’t see the light of day.

  It’s important to understand that the job of City Legal is to protect the status quo, not to provide progressive legal opinions or assistance, particularly in the face of the Mayor’s and Police Chief’s strong opposition.

  We also need to understand just who is being protected by both entities and why, and get over being frightened by or in thrall to either the Police Guild or “City Legal”. No matter what we achieve that will give that toothless position (right now no more than an auditor for $100,000) any worth, beginning with investigative authority, the Guild will sue. It’s a given, so why on earth are we waiting till we have a fantasy ordinance that will not end up in court? Such a thing will never exist.

  The argument about labor laws is a red herring, as relates to the resolution before the Council Monday nite (explanation too long for here - check out Connor’s stories on www.cforjustice.org for clarification.

  We need police accountability now, and the first step toward is independent investigative authority. The City Council needs to hear from ALL who think this is important.

• 

  Ron_the_Cop on May 26 at 5:06 p.m.

  Ms. Torres,

  I concur with you assessment of the City Attorney’s Office. Who runs this City anyway?. The Council is the chief policy maker and can decide what to make public or not. City Council members shouldn’t be cowered by the City Attorney’s Office. There was really no reason for the secrecy of this legal advice. I have no confidence in the City Attorney’s Office for many past stunts like this. I have filed a PDR to make this memo public.

  In short I would have passed the ordinance and then let the Guild sue. It will be cheaper in the long run if another critical incident can be prevented by management oversight. Trust me I’m very sympathetic to the interests of the Guild and do not say this lightly. In my opinion the Guild does have some legitimate issues with Chief Kirkpatrick but this got lost in the noise with the media spin on their vote of no confidence. There are many fine men and woman at SPD that deserve much better.

  Speaking as a former police union president, the Guild’s public image is in the toilet right now. I wouldn’t press a lawsuit right now. I would be more willing to negotiate for an enhanced ordinance that would be palatable to my members. I’m aware the Guild is protecting its members from some future ombudsman/chief that doesn’t have the personal integrity that Mr. Burns does. This is especially true when hypothetically there is a vindictive chief that tries to railroad union members so these ordinances must be crafted very carefully. I’ve been in this position.

  I spoke in favor of the proposed ordinance at the Council Meeting. You can read my prepared statement in my post above.

  For those that missed the meeting it will be rebroadcast tonight at 6PM. If you live in the City of Spokane and have Comcast Cable it we be on Cable Channel 5. I assuming it will also be livestreamed on the Internet as well. Just go to the City of Spokane’s website:

  http://www.spokanecity.org/

  Scroll down the left side to City Cable 5 and click on “Watch it Live.”

  The discussion on this ordinance started about 30 to 45 minutes into the Council session. Eventually this segment will appear in the archives on the City’s webpage. Click on the appropriate link under Channel 5 in the left column.

  Det. Ron Wright (Retired)

• 

  Ron_the_Cop on May 27 at 5:49 p.m.

  Ms. Torres,

  For more information on the actions of the City Attorney’s Office please read here for information re a series of interviews on KTW 630AM beginning tomorrow:

  http://tinyurl.com/33u4745

• 

  Ron_the_Cop on May 28 at 3:53 p.m.

  FYI - I have a partial audio file of today’s KTW 630 with the interview:

  http://tinyurl.com/2uemafr

• 

  Ron_the_Cop on May 29 at 10:28 a.m.

  OK I now have a full copy of Larry Shook’s interview on Fagan’s/McGrath’s radio show on KTW 630 AM, “The RIGHT Spokane Perspective.” Listen here as to why the Zehm/Pete cases are only symptomatic of much more deeply rooted issues that must be addressed first before there can be any meaningful change in Spokane PD:

  Link to audio file:

  http://tootiny.net/oa48ij

• 

  Ron_the_Cop on June 01 at 4:51 a.m.

  Part II of Larry Shook’s interview:

  http://tootiny.net/03jm8t

• 

  Ron_the_Cop on June 03 at 11:16 p.m.

  Tim Connor has this rather pithy piece up at the Center for Justice re the latest stunt by the City Attorney’s Office:

  Madmen

  Published on June 1, 2010
  How Spokane’s legal department painted the city into an absurd and dangerous corner in the debate over civilian police oversight.
  http://cforjustice.org/2010/06/01/madmen/

  BTW all four segments of Shook’s interview on KTW have aired:

  Part I
  http://tootiny.net/uicq2r

  Part II
  http://tootiny.net/03jm8t

  Part III
  http://tootiny.net/608vyy

  Part IV
  http://tootiny.net/my77uz