October 3, 2010 in City

Officer acquitted of threat against wife is suing city

By The Spokesman-Review
 

A case that was settled in criminal court two years ago is still percolating in the Spokane Police Department, with a detective suing the city for defamation and his boss, Chief Anne Kirkpatrick, putting him on paid leave, saying his claims of emotional distress make him unfit for duty.

Detective Jay Mehring was removed from duty the same day Kirkpatrick was to give a deposition in the $3.5 million lawsuit, said Mehring’s lawyer, Bob Dunn.

Kirkpatrick declined comment, citing personnel issues and ongoing litigation. City spokeswoman Marlene Feist confirmed Mehring, who makes $79,364 annually, has been on leave since Sept. 9 but said she couldn’t provide details.

Dunn said Mehring was put on paid leave the same day a scheduled deposition with Kirkpatrick was cut short because she didn’t want Mehring in the room with his department-issued handgun.

“All it was was a power play,” Dunn said. “Someone trying to throw around their power before a deposition to try to make an impression on me or my client.”

The squabbling is the latest in a case that began in early 2007, when two Spokane police sergeants said Mehring had threatened to burn down his estranged wife’s home with her in it. He was charged with a felony and placed on unpaid leave.

Dunn said Mehring was punished without regard for departmental policy. Mehring’s ex-wife, Lisa Mehring, has said in court documents that the case was blown out of proportion, and that she and Mehring are “victims of overzealous law enforcement, domestic violence laws and the legal system.”

Among the allegations in Mehring’s lawsuit against the city is that Kirkpatrick violated his Garrity rights – the right not to have a coerced statement used against him in trial – when she invited him to give a voluntary statement for the department’s Internal Affairs investigation but said the statement could be used against him, according to the motion.

Trial is scheduled to begin Jan. 18.

Kirkpatrick defended her handling of Mehring’s discipline in a signed declaration filed July 21.

The chief said she knew of prior incidents between the Mehrings and said Mehring’s son admitted to hearing his father tell one of the sergeants that he was going to “burn down the house (with his mother in it),” Kirkpatrick wrote. “These facts convinced me that, in this case, it was appropriate to resume with our (Internal Affairs) investigation even though the criminal charges were still pending.”

The lawsuit further alleges Kirkpatrick violated departmental policy when she placed Mehring on unpaid leave after he was charged with felony harassment in March 2007. A jury acquitted Mehring, and Kirkpatrick reinstated him in October 2008 on the advice of the city attorney’s office, but demoted him from an investigative position with a federal drug task force. The city paid him $134,000 in back pay.

Now, Kirkpatrick believes Mehring’s court declarations of emotional distress filed in the lawsuit prove that he’s unfit for duty.

In a Sept. 9 letter, assistant city attorney Erin Jacobson said Mehring was being placed on paid leave “to allow you to take care of yourself and receive psychological evaluation and/or treatment.”

According to the letter, “It recently came to the city’s attention through discovery received in your pending litigation that you believe you are currently suffering from depression, panic attacks, lack of concentration, paranoid thoughts, extreme pain and anxiety, among other serious mental and emotional conditions. The City takes these concerns seriously.”

Mehring described his emotional state in a sworn declaration filed Sept. 1 in Spokane County Superior Court.

In the 11-page document, Mehring said that despite his acquittal, Kirkpatrick continued to make public statements that Mehring had threatened to kill his wife and that he is unfit for duty.

In a sworn declaration filed in Superior Court July 21, Kirkpatrick said Mehring’s acquittal by a jury doesn’t prove his innocence. A week later, she e-mailed to police supervisors court documents outlining the city’s defense against Mehring’s lawsuit.

In the e-mail, which is included in the case file, Kirkpatrick said she’s been told she could help police morale if she shared information about situations “that have the potential for disruptive rumors.”

According to the case file, Mehring asked if he could e-mail to all police employees a copy of his response to Kirkpatrick, but Jacobson denied the request.

“The Chief used the City computer and e-mail system to keep department leadership apprised of the City’s defense to pending litigation,” Jacobson wrote on Aug. 9. Mehring’s response was “purely personal and does not further City business,” she said.

52 comments on this story so far. Add yours!
  • Ron_the_Cop on October 03 at 9:44 a.m.

    Scoutster,

    On one hand I would support Chief Kirkpatrick on erring on the side of caution re DV involving police personnel. However that presupposes these investigations are handled properly. This is one of Kirkpatrick’s gaps in her knowledge base re handling disciplinary issues with police personnel correctly.

    BTW Bob Dunn doesn’t take a case that he can’t win. It will be interesting to see what happens in the Sgt. Thoma case that Dunn is also the attorney. Kirkpatrick didn’t handle that case well either. Where do you suppose Kirkpatrick is getting her legal advice - the City Attorney’s Office? Dunn nailed the Cowles Co for $9M in the Bob Robideaux case that the S-R BTW belatedly reported months after the conclusion.

  • Smokie on October 03 at 9:51 a.m.

    Unfortunately, this is a lesson some of our local politicians repeatedly don’t get, or don’t care to learn.

    An employee allegedly does something wrong. The community (whipped up by the Spokesman-Review) wants to see this person punished or fired. The supervisor/politician could use due process to accomplish this, but the public’s interest is fleeting, and if the politician does not act immediately he/she thinks he/she will be politically damaged by the vocal minority. So, understandably without due process, the politician fires the employee. The public celebrates. Positive editorials are written. Then months later, the results of the political grandstanding and poor decision making come back to haunt all of us taxpayers.

    The employee sues and wins. And we pay the bill.

    All the simps who called for the politician to abandon due process are left holding the bag. Maybe it’s a small price for them to pay in order to witness and enjoy fleeting, meaningless, empty and, ultimately, illegal “toughness.” Perhaps it feels a hole in their lives.

    I sure am sick of paying for this expensive show, so the peanut gallery can feel better about themselves. Paying for counseling and medication would be cheaper and more effective for these individuals.

  • iwgthft on October 03 at 10:08 a.m.

    Strange. Here we have a cop who is worth getting paid almost $80,000 / year, but the “emotional stress” of being put on a PAID administrative leave during an investigation is too much for him and makes him, by his own admission, “unfit for duty”? I would suggest, given that information, that he wasn’t much fit for duty in the first place. Certainly not worth anywhere near what he is being paid.

    How was he going to handle the stress of actually encountering a dangerous criminal? It isn’t just Kirkpatrick who needs to be replaced, its a good percentage of her department; those people masquerading as police officers but really doing the us no good while sucking away the resources.

  • Scoutster on October 03 at 10:44 a.m.

    Smokie…
    I agree this should have been handled from the beginning with more professionalism and less emotion. It should be in the P&Ps and, I am sure, is clear in the Guild’s collective bargaining agreement.

    The idea of treating any Guild member as somehow being a victim of the big bad bureaucracy and the brass is comical, however. Poor babies.

    What, exactly, has this man lost besides work days for which he has been paid?

  • Laraburnside1 on October 03 at 11:50 a.m.

    This is a detective with 19 years of experience and a spotless record until the Chief believed a rumor and rushed to judgement.

    Officer Mehring was a successful drug task force detective who served and protected the community. He was put on unpaid leave, facing the possibility of going to jail, he had his identity exposed in the media (dangerous for any drug task force cop), unable to work or get a job for two years, because of the false charges and allegations by the Chief and then printed in the media.

    He stood his ground, would not accept a plea to a lesser charge for a crime he did not commit.. He fought back and was found not guilty!
    During the stress of those two years who wouldn’t have experienced emotional distress? He has been back to work carrying a weapon for over a year but on the day that the Chief finally has to get deposed she is suddenly scared that he is unfit to carry a weapon and should be put on paid leave?!?

    Go Bob Dunn! The Chief needs to learn a lesson so she doesn’t continue rushing to judgment without the facts, she should protect her employees rather then hanging them out to dry!

  • liarsinnews on October 03 at 11:51 a.m.

    What about the ultimate leader who makes the decision which way to go, Mayor Verner? It proves once again, Verner lacks the leadership needed to be our mayor.

  • Scoutster on October 03 at 12:14 p.m.

    Yup, Lara, people sure can get screwed when the police accuse them of things they didn’t do, all right.

    I hope everyone on the force will begin advocating for reimbursement for pain and suffering every time they accuse someone who is subsequently acquitted.

    Wouldn’t that be the right thing to do?

  • Albert on October 03 at 12:22 p.m.

    ““It recently came to the city’s attention through discovery received in your pending litigation that you believe you are currently suffering from depression, panic attacks, lack of concentration, paranoid thoughts, extreme pain and anxiety, among other serious mental and emotional conditions.”

    Did he get pulled over by a cop? Perhaps he was purchasing a bottle of pop at a local convenience store??

  • misjustice on October 03 at 12:49 p.m.

    The link is for an article that is relevant to this story, years in the making, it’s often easy to forget how the “story” started.

    http://www.spokesman.com/stories/2008/oct/14/detectives-exwife-testifies-she-felt-manipulated/

    Kirkpatrick and politics?

    I find it more than disturbing that had Mehring shot someone, it is highly likely that he’d have suffered little more than a few weeks off with pay; and then be reinstated quietly to limited duty. His apparent difficulties in handling a divorce, however, are used as cause (even following aquital) to keep Mehring off the force (but on payroll). What have I missed here, because it sure doesn’t make sense to me?

  • Laraburnside1 on October 03 at 1:25 p.m.

    Scoutster

    If you lost your job, your home, your ability to get a job, your reputation, had your children suffer from false statements and media coverage, couldn’t provide for your family, all because (your boss) doesn’t follow the proper course of action…. Then you fought to get your job back, you were acquitted on all charges, got your job back (two years later) but were demoted and continued to have your character attacked by your “boss” you would sit back and do nothing???

    It is unfortunate, that lawsuits of this nature cost the taxpayer, they could be prevented if the proper leadership was in place to begin with.

    This isn’t the same as someone suing McDonald’s because the coffee was too hot and they spilled it on themselves.

    This is a lawsuit that will hopefully make the City take a look at who they have hired as the Chief of Police and how well she follows her own policies, both for the good of her officers and for the public in general.

  • Ron_the_Cop on October 03 at 1:58 p.m.

    Misjustice,

    Your link is broken. Here’s the link for all the S-R articles on Det. Mehring.

    http://www.spokesman.com/tags/jay-mehring/

    Chief Kirkpatrick is getting the big bucks to make these disciplinary decisions. She’s been wrong on several occasions. Again who’s providing her with legal advice re the appropriate protocol? We’re not getting our money’s worth. If Dunn took Merhing’s case, he knows he will get a paycheck at our expense.

    We’re not getting our money’s worth with Chief Kirkpatrick. She’s costing us money in more ways than one.

  • misjustice on October 03 at 2:32 p.m.

    Oops! Thanks, Ron. I fixed it…

    http://www.spokesman.com/stories/2008/oct/14/detectives-ex-wife-testifies-she-felt-manipulated/

    Title; Detective’s ex-wife testifies she felt manipulated by system.

  • Scoutster on October 03 at 2:32 p.m.

    Lara…

    Such misdeeds happen daily. If this guy wasn’t a public employee sucking on the taxpayer teat (and no doubt defended by his guild), he wouldn’t have the resources or the ability to press this case.

    Unike most people, including, no doubt, more than a few he has probably falsely accused of crimes they didn’t commit and had their lives ruined in 19 years as a LEO.

    Where is their justice? Where is their lawsuit?

  • mdriftmeyer on October 03 at 3:27 p.m.

    $3.5 Million? Mankind always puts an inflated value on one’s self-worth.

  • bszottlinger on October 03 at 3:34 p.m.

    If one goes back and reads all of the press accounts regarding this case including the one where Deputy Prosecutor Lindsey is quoted as saying he didn’t want to charge the stupid case in the first place it really gives you a perspective on just exactly how awful Anne Kirkpatrick has been for this community and the police department. I can’t tell from the press accounts of this case at what point the Garrity issue came up but it is interesting that this case all started to happen prior to the Torok shooting in March 2007. If you recall Kirkpatrick in that case demonstrated she didn’t have a clue at what point Garrity rights should come into play and had to be helped out by the Sheriff to straighten things out. Based on this article it sounds like she was likely at a complete loss as to how to deal with Garrity issues when the Mehring case was going on. Here we have a woman with a JD, who is a Police Chief, and has been in the past, yet she still has no idea how to deal with personnel issues.

    I find the ploy she used to delay the deposition, hilarious, and the tactic demonstrates exactly the kind of person she is, one so self-enthralled and confident that she can’t be touched, that reason and responsibly went by the wayside long, long ago.

  • Blondscence on October 03 at 3:47 p.m.

    Kirkpatrick sounds like a Mary Verner clone. Verner had to approve this nonsense. More money lost because of poor supervision. She doesn’t sound fit to lead. Neither of them.!

  • Ed Byrnes on October 03 at 3:56 p.m.

    Please don’t defend or praise Bob Dunn. Recall that he publicly compared Sgt. Thoma, who is a hit-and-run DUI offender, to someone suffering from cancer. As a 23 year survivor of testicular cancer I remain deeply offended by Bob Dunn’s comparison.

  • Ron_the_Cop on October 03 at 4:44 p.m.

    Brad - DITTO again re Kirkpatrick. We told ya so:-)

    Ebyrnes,

    Dunn in it for the money. My point was if he took the case he’s looking for a fat paycheck at our expense because Kirkpatrick has no clue what’s she’s doing.

  • Peaches624 on October 03 at 4:48 p.m.

    I hope Jay Mehring wins !!! I think Kirkpatrick railroaded him from the start. Kirkpatrick’s watch has been nothing but trouble for SPD. Look how many cases she has mishandled, that should give you a clue. She is so far out of it, too bad we are stuck with her.

  • bszottlinger on October 03 at 5:19 p.m.

    I think Mr. Dunn is in good position regarding the Thoma case as well, from a number of positions including ADA requirements. I think Anne blew that one as well. I don’t know why everyone is so upset, my understanding is that the city is self insured up to a million bucks then the insurance kicks in. So let’s say Mr. Dunn holds out for 2.2 million each in Mehring and Thoma. The city only has to come up with a 2 million dollar total and the insurer pays the rest. Mr. Dunn makes his piece of the 4.4 million. Both officers get back on the job, Thoma gets his back pay (Mehring already got his) and heck we are only out 2 million, that is until the insurer raises their rates because of Oh Anne A Care.

  • Shylock13 on October 03 at 6:47 p.m.

    Everyone who was accused of any crime, and found “not guilty” should sue the City! Why not? Only the taxpayers pay! Regardless of the merits of Officer Mehring’s case, after his claims about his psychological state, he should not be returned to the police force and should not be allowed to have, let alone carry, a weapon! There are far too many incidents of law enforcement officers shooting civilians (often justified, but sometimes not) to turn someone who admits he is psychologically disturbed back out as a law enforcement officer. Of course, he probably would claim that once he receives compensation for his “distress,” he has no psychological problems. However, he cannot be allowed to have it both ways. If he is having psychological problems, as he may be, they will not be eliminated by any legal victory…ask any competent psychiatrist.

  • joe doughtnut on October 03 at 8:54 p.m.

    Teddy J. Bear,

    If he is determine to be unfit for duty due to some psychological illness, there is a high probability that he will be grant a work related medical disability and receive a tax free retirement. A few years ago there was a Spokane police officer who had an inappropriate relationship with a developmentally young adult and was found guilty and receive an medical disability retirement due to some kind of work related disability.

  • D Statler on October 03 at 9:06 p.m.

    I am getting sick of the corruption in Spokane’s ranks. The complete lack of respect for the public in Spokane come out over and over.Will this behavior from our public officials and public servants ever end? Where are our County Commissioners ? Why don’t Federal Marshals step in and take over? After 40 plus years here,I am ashamed to be from SPOKANE!

  • cpd805 on October 03 at 9:44 p.m.

    Brad, a similar case happened recently in Kitsap Co. A deputy was fired because of his revoked license status and the termination was upheld in arbitration. Here’s the link.

    http://www.kitsapsun.com/news/2010/aug/30/kitsap-county-right-to-fire-deputy-with-revoked/

  • arroyoribera on October 04 at 1:00 a.m.

    Listen, don’t worry too much about poor Jay Mehring. While he was on paid administrative leave he was in Montana, not only working but hunting. There was a photograph on the web, which has subsequently disappeared from the web, of him knelling with his high powered hunting rifle next to a very large buck that he shot. Just keeping his sniper skills up no doubt. Does anyone know how to locate the photo?

    The blog behindthebluewall.blogspot.com did a pretty good job of pulling together the S-R articles on Mehring under the post titled “Det.Mehring’s wife Lisa tries to recant but jury hears tape of her reporting his threat to kill her”. The S-R articles by Bill Morlin do a good job of highlighting facts about Mehring’s career, including his work as a former SWAT team member, sniper and undercover detective assigned to the Drug Enforcement Administration Spokane Regional Drug Task Force.

    One will recall that another Spokane police officer, Jason Uberuaga, was also a deputized member of the DEA Regional Drug Task Force. Uberuaga was fired in January 2008 by the Chief of Police of Spokane who concluded that on October 11, 2007 Uberuaga had engaged in “conduct unbecoming” of an officer when he used his cell phone to photograph the woman’s breasts, had sex with her, and drove his patrol vehicle under the influence of alcohol. Uberuaga had been bar hopping with other Spokane law enforcement officers at the time.
    http://spokanepoliceabuses.wordpress.com/2008/01/27/spd-officer-jason-uberuaga-fired-for-conduct-unbecoming/

  • arroyoribera on October 04 at 1:05 a.m.

    I should have pointed out that the S-R has the Mehring reports all collected at http://www.spokesman.com/tags/jay-mehring/

    Thanks S-R for the consistent reporting of these ongoing abuses of power and corruption within the Spokane Police Department and other law enforcement agencies in the area.

  • bszottlinger on October 04 at 8:05 a.m.

    Cpd805:

    I don’t know labor law but I do know there is a big difference between arbitration and civil litigation and I would suspect that ADA accommodation will play a role in the Thoma case.

    Something arroyoribera neglected to mention regarding Jason Uberuaga is that an arbitrator ruled that the firing didn’t meet one of the important elements we were talking about earlier and he is back on the job after a 60 day suspension. He also received his back pay for the time he was off.

    http://www.spokesman.com/stories/2009/feb/09/spokane-officer-reinstated/

    What really strikes me in the article above is Chief Kirkpatrick’s statement to the press.

    “Kirkpatrick said she wasn’t too surprised by the decision.”
    “That’s our system of justice, and I respect that,” she said. “He (the arbitrator) sustained the charge, but not the determination of discipline.”
    Just another example of her lack of ability to deal with personnel issues. If she wasn’t surprised by the decision of the arbitrator, what went into her thought process when she fired him? Please don’t get me wrong if I were in her position and the reported facts were true I likely would have liked to have fired him too, but I would have considered all the aspects including how the discipline would stand up upon review. I may have had to take some heat from the public for not firing him, but in the end I would just as soon do it right, do it smart, and demonstrate my toughness and leadership ability by gaining the confidence of the public and the troops by doing things right without regard to my public image. These matters were early in her tenure and it’s obvious to me she could have cared less about the men/women of the department, or the public, and was more interested in posturing for a move to a bigger department.
    Brad

  • BitofBacon on October 04 at 12:54 p.m.

    OMG Mehring went hunting? And in Montana no less? The shame of it all!

  • cpd805 on October 04 at 5:01 p.m.

    Brad,
    I think the ADA accomodation is prettty much the only issue that could turn in Thoma’s favor. A jury will have to decide if it is reasonable to expect a law enforcement agency to sign the waiver to allow Thoma to operate a city vehicle with a suspended driver’s license resulting from a DUI. I personally think that is a stretch to consider that expectation to be reasonable, but that is just one person’s opinion. I know an arbiter’s decision does not necessarily set a precedent, but it may be an indication of what a reasonable person may think. Thoma was offered what many consider to be a reasonable accomodation where he would have been allowed to return to work upon the reinstatement of his license, and be offered a different position within the city (where he would not be operating a vehicle) in the interim. He rejected that offer.

  • bszottlinger on October 04 at 7:54 p.m.

    Cpd850:

    A jury may not even get to hear it, if a deal is worked out prior. He has what, a little over a year left that he has to drive with the ignition device. The civil case will drag out until he is close to the deferred/dismissed date then I wouldn’t be surprised if they come up with some type of deal. Would you happen to know if the Police Department has made any ADA accommodations in the past for officers with other disabilities? Like long term desk duty for someone with a neuromuscular disease or anything like that. If they have they may have set a precedent. Or if there have been situations where other officers with alcohol problems were allowed to remain employed and attend treatment. I guess what I’m saying is, Dunn will get that info if there is a history of it and that would put his client in a pretty good position.

    I’m not saying its right or just, but it could happen.

  • cpd805 on October 04 at 10:06 p.m.

    Brad,
    Good point on a deal made. It may be less expensive for the City to settle than fight it, even if they win. I’m beyond the realm of ruling anything out.

    No clue on any prior ADA accomodations. I know other officers have dealt with DUI’s, but no driver’s license issues issues that I know of.

  • Ron_the_Cop on October 05 at 9:45 a.m.

    Brad and Cpd805,

    I’m very familar with ADA issues with law enforcement. I published an article in the CA Law Enforcement Journal on return to work of the injured police officer. A close associate is a national ADA/ergonomist expert. While I was president of our POA we successfully returned to work a young officer that lost an eye in a traffic accident. The admin and city HR did not want to return him to work because he was unfit. The bottom line was he able to perform the critical physical demands of a patrol officer. We pushed the issue and the City put him through a physical assessment process that included firearms. He passed. He later was promoted to detective. Of course we had no ongoing fitness for duty standard and we we’re carrying a lot of “fat Harrys” that apparently were performing the job of patrol officer.

    The question of Thoma is more clouded. Which came first the chicken or the egg. It sounds like the City was willing to accommodate to some point but Thoma balked. If the City was intent on firing him they should have fired him for cause - the moral issue re the hit and run. This is where Kirkpatrick made her mistake. One of many that will cost the City millions of dollars. Dunn’s no slouch.

  • bszottlinger on October 05 at 1:01 p.m.

    Ron_the_Cop:

    Very good point! It will be interesting to see whether the outcome of these cases has any affect on Ms.Verner. I’m aware of some federal law enforcement agencies that have provided accommodation to agents with alcohol problems; in one case they sent the agent to polygraph school and he became a pretty good polygraph examiner.

    I have no idea what kind of a cop this Thoma fellow is but that isn’t the point. The point is whether or not these cases were handled properly. Quite frankly, a lawyer isn’t going to take a case like this unless he/she feels confident they will have a check at the end of the tunnel.

    I’m guessing that if in fact the city is self insured up to a million and then the insurance carrier takes over you will see a settlement. In most cases once the carrier becomes involved the city has no say in whether or not the case is settled from a financial perspective. They may however have some say with respect to his return to duty, which could ultimately affect the monetary settlement. In other words if the city refuses to allow him to return the more money it will cost the carrier, and they won’t be happy with that.

    Perhaps it’s just me, but how can people not see that this police department needs someone with experience dealing with problems at a scale well above what Chief Kirkpatrick experienced in Ellensburg or Federal Way. We honestly need someone who has been through the learning process and knows their stuff not someone who is using this department as a learning tool and springboard.

  • Ron_the_Cop on October 05 at 2:57 p.m.

    Don’t overlook the City Attorney’s Office throwing monkey wrenches into issues involving the police department. Much to the detriment of all involved.

    I have a friend who is the Chief of Police of Redlands, CA that would be a good match for this city. Perhaps someone should get the headhunters to see if they could pry him away:-) BTW there are others in the police command staff that need to go too if you want to have any meaningful change in the police culture of SPD.

  • cpd805 on October 05 at 7:40 p.m.

    Quite frankly, I never even had an inkling that Thoma would have been able to overcome the hit/run issue in the disciplinary process. There is precedent of a DUI not being a career fatality, but the hit and run, being a moral turpitude issue, would (or should) be a legit reason for termination. Too late for that I suppose. Since an offer salvaging his career was already made, any settlement would probably result in his reinstatement.

  • Ron_the_Cop on October 06 at 7:59 a.m.

    CPD805

    Yep - I concur. The fault lies with Kirkpatrick or whoever is giving her legal advice. In any event this will cost the taxpayers yet again a wad of money.

  • bszottlinger on October 06 at 8:31 a.m.

    Am I reading this wrong, or is there an exemption for a vehicle owned by the employer for an eight hour period. If that is the case then I’m really lost.

    http://apps.leg.wa.gov/rcw/default.aspx?cite=46.20.385

  • cpd805 on October 06 at 9:11 a.m.

    Are you referring to the verbiage: “The installation of an ignition interlock device is not necessary on vehicles owned by a person’s employer and driven as a requirement of employment during working hours. The person must provide the department with a declaration pursuant to RCW 9A.72.085 from his or her employer stating that the person’s employment requires the person to operate a vehicle owned by the employer during working hours.”?

    If so, I believe (and I could be wrong) the declaration from the employer is the “waiver” they have been referring to. If the “waiver” is merely a declaration that driving a vehicle owned by the employer is necessary for the job, that accomodation sounds a bit more reasonable.

  • bszottlinger on October 06 at 12:02 p.m.

    That is what I was thinking, but I don’t know. If it was simply a matter of the city providing a declaration why would there be all the fuss about the device. It just doesn’t make sense to me.

    Ron_the_Cop is right, if the entire issue was the device and not the hit and run as the city continues to maintain, as you point out the declaration would be a reasonable accommodation.

    So what the heck is going on? Why are we spending this money?

  • eagleproducer on October 07 at 9:38 a.m.

    How many people have ever thought Trepieddi is in collusion with the litigants who sue Spokane? Why do so many of the instances where he provides legal advice to the city do we up paying out huge awards or settlements?

  • Ron_the_Cop on October 07 at 10:18 a.m.

    AHH AHH!

    Spoketucky now you’re on to something. I don’t think this is true though for the police. I think the City Attorney’s Office is being recalcitrant here and is not representing the best interests of the City in their shortsightedness in CYA’g for police misconduct. If you bury police misconduct you will not be able to correct police deviant behavior/culture. In my opinion the Zehm case is an example of poor police policy and procedure that resulted in a wrongful death. Was it intentional to the point of a CRV? No. Was there false statements and an attempt to cover up this mistake after the fact? Yes. Will this cost us dearly? Yes. Was the City Attorney’s Office involved? Yes.

    However with regard to Spokane’s power elite you’re dead bang. See my comment to you in Cuniff’s article thread on Dave Elton who’s now in trial re his email threats.

    http://www.spokesman.com/stories/2010/oct/05/shogan-cowles-testify-threat-case/?comments#c201158

    While Dave Elton may have crossed the line in his civic protests and bi-polar rants re City government and the Cowleses, he did unfortunately strike a nerve and the establishment is responding with a flurry. Look I in no way wish to justify his behavior. Was he likely to carry out his threats? That’s the $64 question. A jury will soon decide his fate. Was this a case of “over-charging” in deference to Spokane’s power elite responding to a mentally challenged critic that may have struck a chord that does ring true? I’ll let you decide.

  • eagleproducer on October 08 at 8:33 a.m.

    Ron: After reading your work and the efforts on Bamonte and Shook, what I jokingly allege is not all that far fetched.

    Rocky’s sole aptitude is for gaining positions for which he is completely inept. Look at the school system he leads in Spokane. It’s one absent of accountability. Sounds a lot like city hall and especially their legal department.

  • Ron_the_Cop on October 08 at 8:58 a.m.

    Yep. I’ve concluded a long time ago that Spokane’s City Attorney’s Office marches to a to the tune of a different drummer. The Mayor and Council often cower in fear of the City Attorney’s Office’s self-serving legal advice. The Mayor has the power to bring change by firing corrupt managers but it’s obvious she won’t as she revealed in her note to Bamonte re the “powers that be.” Again I ask who runs this City? Read more here in Shook’s reporting:

    http://larryshook.com/2010/05/18/the-elephant-in-spokane%E2%80%99s-living-room/

    The citizens/taxpayers of Spokane are often the ones that must pay for the actions/decisions of the City Attorney’s Office. In some cases the City Attorney’s Office has been complicit in the redistribution of wealth to Spokane’s power elite in fraudulent activity that has been covered up by all players.

    Again there are many fine men and women doing their job day in and day out in SPD. What is needed is effective police management that will aggressively change the police culture and weed out those unfit to serve. There will be no change in this deviant police subculture until the much deeper root causes involving a dysfunctional government because of insidious corruption is exposed and dealt with. These issues we are discussing with Creach, Mehring, Thoma, Zehm and others are merely symptomatic of poor and ineffective police management that is not being addressed while our City leaders twiddle their thumbs discussing bike lanes and lawn watering.

    Until the citizens of Spokane realize this and decide to hold their elected/appointed accountable nothing will change. No one else is willing to hold them accountable - not the County Prosecutor, nor the State AG, nor the Governor, or the US DOJ (With the exception of the Zehm cae). And now of all ironies one of the principals in the RPS Bond Frauds has been confirmed by the US Senate as the new US Attorney for the Eastern District of WA.

    The Crime that Leads to the White House (Spokane, WA)

    http://tinyurl.com/2g8p2my

    Det. Ron Wright (Retired)

  • eagleproducer on October 08 at 10:26 a.m.

    Ron: Spot on except the party(s) banging out the cadence have always been the same.

  • liarsinnews on October 08 at 10:29 a.m.

    spoketucky, I`ll never understand the voters and why they keep reelecting Rocky Trepieddi to the board. For gosh sakes, his reputation of suing anybody that attempts to seek justice and tangles with the city of Spokane, Rocky is right there to intimate them and counter sues . And one more point re Rocky, why when he resigned as a city attorney years ago and lost his job with Perkins Coie, he was rehired by the city. I guess its because of all the corruption at city hall,and the old adage, birds of feather.

  • Ron_the_Cop on October 08 at 11:24 a.m.

    Spoketucky, Brad and Dick,

    I’ve shared this discussion thread with one of my egroups to facilitate a real discussion of these issues. I prefaced my email with this comment:

    I thought I would share this S-R discussion thread re Officer Mehring that is now suing the City of Spokane re his termination from the SPD. To be sure there are many fine men and women doing the job day in and day out at SPD. What they lack is effective police management. This discussion thread covers many interesting aspects of local law enforcement and it’s ineffective management that is costing the citizens of Spokane multiple millions of dollars.

    What is clear to me is that nothing will change until our City leaders decide to make changes in the SPD’s police command staff. Unfortunately our City leaders won’t or can’t until WE THE PEOPLE decide to hold them accountable. These unfortunate cases of police abuse will continue to occur.

    Det. Ron Wright (Retired)

  • Ron_the_Cop on October 08 at 8:59 p.m.

    To All:

    Tim Connor of the CFJ wrote this piece re the antics of Asst. City Attorney Rocky Treppiedi and police misconduct. Definitely worth a read up who really runs this City:

    Working the Dark Side
    http://cforjustice.org/2010/10/07/working-the-dark-side/

  • Laraburnside1 on October 11 at 8:00 p.m.

    That picture of Officer Mehring was taken before any of this started. He hunted during hunting season and had the legal right to do so. When he was put on unpaid leave he never went to Montana and wasn’t allowed to carry any firearms. Wether you believe in the right to hunt or dislike hunters in general it has nothing to do with this case. Keep your attention on the FACTS!

  • hammer1969 on January 13 at 11:02 p.m.

    For those that don’t know. Laraburnside1 is Jay Mehring’s sister. Not exactly an unbiased or unfiltered opinion ni the matter at hand…

  • hammer1969 on February 04 at 9:26 p.m.

    Mehring and Dunn lost yesterday in Judge O’Conners court. She didn’t buy any of it. She threw it all out with malice, except for one tiny little part….the due process part about whether Mehring was appropriately put on unpaid status the day before he was arrested or the day he was arrested…really? who cares. But, judges like to support attorneys so she left that insignificant part to go forward. O’Conner said there was plenty of PC for the arrest and that the City had nothing to do with the investigation or prosecution. In other words, the lawsuit was frivolous.

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