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July 13, 2011 in City
Police ombudsman rules downgraded
An arbitrator this week revoked a law that strengthened Spokane’s police ombudsman powers because the city did not consult the Spokane Police Guild before it was approved last year.
The decision by arbitrator Michael H. Beck effectively reverses rules that strengthened the ability of police Ombudsman Tim Burns to investigate alleged officer misconduct independently of police. The opinion was dated Monday; the city received it Tuesday.
The power to examine police wrongdoing separate from the police department’s own investigators is a change in working conditions that must be negotiated with the guild, Beck ruled.
Guild President Ernie Wuthrich said his members objected to the revised rules because they believe allowing Burns to conduct his own investigation could jeopardize his ability to remain objective when analyzing internal affairs probes.
“We’re not trying to hinder the office of the ombudsman at all,” Wuthrich said. “We are actually pleased with the way Tim Burns is doing his job.”
The original law, passed in 2008, allowed the ombudsman to sit in on police investigations into officer misconduct and label whether those investigations were thorough, timely and fair. He can order additional information and interviews from internal affairs officers. If the chief doesn’t oblige, he can appeal to the mayor, who has the final say. He also is allowed to make broad policy recommendations.
Last year, the City Council unanimously voted to give Burns power to conduct his own investigations, including interviewing witnesses, and make those reports public.
Burns did not return phone messages seeking comment late Tuesday afternoon.
City leaders said they won’t give up on creating a stronger police oversight program. Some suggest lobbying the state Legislature to change to state law to allow police oversight without bargaining. But the most likely course appears to be through guild contract negotiations.
“What it means is we need to sit down with the guild and negotiate the changes,” City Administrator Ted Danek said. “I think we’re going to get to work with the guild to see if we can get that accomplished.”
Spokane lawyer Breean Beggs said the original ombudsman ordinance does not prohibit Burns from talking to witnesses or from issuing public reports.
“One reason people wanted new language was to make it easier and to really push for him to do it,” Beggs said. “It just gave him direction to use his full powers that were under the old ordinance.”
Still, Beggs said, the arbitrator’s ruling was “disappointing.”
“Almost everybody agrees ombudsman reports have been an improvement,” he said. “But obviously the city has a contract with the union and they get to work out how they resolve their differences. And we as citizens don’t get much input in that.”
City officials, including Mayor Mary Verner, argued before the City Council unanimously approved the new rules in 2010 that having to bargain for stronger ombudsman powers would make it more difficult to win salary or benefit concessions that the city wants to avoid layoffs. City officials are planning to cut about $7 million to balance the 2012 budget. The guild’s contract expires at the end of the year.
City Councilman Bob Apple said the guild shouldn’t expect council approval for a labor contract that doesn’t include the stronger oversight rules or has significant pay raises.
“They have to deal with the fact that they’re upper crust in Spokane,” Apple said. Officers have a “pretty substantial salary in an area where we have a poverty situation.”
Liz Moore, director of the Peace and Justice Action League, which advocated for the revised rules, said talking to witnesses should be a crucial part of the ombudsman’s job.
“To say that (guild members) like it but that there should be no way for him to talk to witnesses or make a public report is just to say they like to keep the curtains drawn,” Moore said.
Moore said no changes were made regarding officer discipline because of concerns for union rights.
“To see such minor changes be reversed is really disappointing,” Moore said.
But Beck, the arbitrator, said allowing the ombudsman to interview witnesses and mandating public reports allows him to “put substantial pressure on the chief of police and/or the mayor” regarding disciplinary decisions.
The city’s original police ombudsman rules were negotiated with the guild. They followed public outcry over high-profile incidents, including the death of Otto Zehm, a Spokane janitor who was mentally ill and died in police custody in 2006.
Critics argued that the public could not gain faith in its police department unless reports about specific incidents were made public and Burns was given power to conduct his investigations. After a year in the job, Burns publicly agreed with activists who lobbied in favor of a new ordinance that gave him investigatory powers and required him to write reports about each misconduct case.
City leaders argued that the change was not a change in working conditions because Burns has no disciplinary authority. Guild leaders disagreed, saying his work likely would lead to discipline and filed an Unfair Labor Practice complaint with the state Public Employment Relations Commission and a contract grievance. This week’s decision is a result of the contract grievance.
Councilman Jon Snyder said the first year under the new rules has proven that a stronger ombudsman creates more accountability without anti-police hysteria and gives the public important insight into the significant obstacles officers face.
“My hope is that the Police Guild will look at the last year under the new ordinance and reassess how they feel it impacts them,” Snyder said. “This is just a necessary step in the road to getting what I think will be Washington state’s first viable and effective police ombudsman for a major city.”
MAC faces angry crowd 
TheRoyLarsen on July 13 at 6:12 a.m.
It would take Bob Apple this long to figure out that it is easier to change the rules than to comply with them. Most politicians learn this early on. Not Bob.
misjustice on July 13 at 6:24 a.m.
And so it goes…
Orphan on July 13 at 6:29 a.m.
The inmates are still running the asylum, nothing has changed.
philipgregory on July 13 at 6:39 a.m.
What a ridiculous ruling.
Arbitrator Michael H. Beck is either an idiot or biased.
ChefGus/ John Olsen on July 13 at 6:40 a.m.
Extremely disappointing. John
opiemuyo on July 13 at 7:05 a.m.
Liberal union sticks it to the common simple folk of our fine city.
lewis8457 on July 13 at 7:08 a.m.
I am not too sure if Mr. Burns is really on the side of the citizens anyway since he decided it is a unfortunate incident when a police car runs down a citizen in a crosswalk while he is texting and speeding.
It is no surprise to me they did not get the Guilds OK just another smoke screen pretending they will do something about our SPD problem but in reality they make bone head moves like this just to keep things as they are.
DickAdams on July 13 at 8:00 a.m.
Pathetic. Verner as usual, opens her mouth and shows once again her lack of leadership. Both her and the Chief need the boot.
Sadbuttrue on July 13 at 8:00 a.m.
“……Guild leaders disagreed, saying his work likely would lead to discipline and filed an Unfair Labor Practice complaint….”
“But Beck, the arbitrator, said allowing the ombudsman to interview witnesses and mandating public reports allows him to “put substantial pressure on the chief of police and/or the mayor” regarding disciplinary decisions.”
The one thing we can’t have is public reports and any discipline whatsoever of the police, or any pressure from our public officials regarding police discipline.
This is, after all, a Police State, where the police are in charge and make any necessary decisions.
Now be good sheep and keep sending those property tax checks in to your police overlords.
BitofBacon on July 13 at 8:31 a.m.
It’s such a darn shame when you have to play by the rules.
Coffee on July 13 at 9:25 a.m.
Since it appears that we as a community can no longer control are police force, maybe it is time to disband them and out source the jobs to a private company.
The_Seer on July 13 at 9:36 a.m.
bitobacon: Whose rules? I am a member of a very strong union but we don’t establish “rules” to safeguard those who commit crimes from being held to account.
Just get rid of Burns and let these morons crap all over themselves until the Feds come in to pull the plug.
nslopeofw on July 13 at 9:37 a.m.
Hah,
If the police had to play by the rules, quite a few of them would be in jail right now. If i was caught on video beating the crap out of a guy trying to buy a soda, and my buddies jumped in and “subdued” him to the point of killing him, we all would be in jail.
If someone approached my car with a gun, and i showed him i wasnt a burglar, so he lowered his gun, and i got out of my car and whacked him with a stick, i’d be in jail. And, if he then, fearing me for attacking him with a stick, went for his gun and i blew him away, i’d be in jail.
If i committed a crime of any kind, the police would not let me go home before interviewing me. They certainly wouldnt let me go on vacation (while they paid me) for 2 weeks right after i killed someone, but before the investigation started.
jddavis on July 13 at 9:59 a.m.
“Guild President Ernie Wuthrich said his members objected to the revised rules because they believe allowing Burns to conduct his own investigation could jeopardize his ability to remain objective when analyzing internal affairs probes.”
—Does this mean Wuthrich wouldn’t be able to remain objective or Burn’s wouldn’t remain objective while “analyzing” information presented to them? There is only one reason to be afraid of Burns or anyone else performing an independent investigation(s) into incident(s).
“But Beck, the arbitrator, said allowing the ombudsman to interview witnesses and mandating public reports allows him to “put substantial pressure on the chief of police and/or the mayor” regarding disciplinary decisions.”
—Well no kidding! That is what the public wants! How insightful of you Mr. Beck.
Seems to me that the upstanding and honest Union Brothers and Sisters would want the trash weeded from their ranks…and I believe they do.
The_Seer on July 13 at 10:03 a.m.
jd wrote: “Seems to me that the upstanding and honest Union Brothers and Sisters would want the trash weeded from their ranks…and I believe they do.”
Where is ANY evidence to support this claim? I’ve never seen a single member break rank. Never, and I’ve lived here a long time. I think most of us saw them cheering the Jay Olsen acquittal, did you?
jddavis on July 13 at 11:03 a.m.
@Seer—No I haven’t seen any of them break file on their brothers. I do believe that the majority of them are good, honest, upstanding people. Perhaps they fear if they break rank it will be at their own peril?
As a Union guy myself, I can say that there are some worthless members in my Union, and they are protected just the same. Many fellow members would like to see said individuals terminated, but the Union has to protect everyone the same.
Spokane Indoctrination on July 13 at 11:42 a.m.
You can’t blame them for wanting to protect their own… but you also can’t respect them for the same reason. They need to be held accountable for their actions, and an ombudsman is a good way to objectively look at the facts and act accordingly.
It’s common knowledge at this point that while cops won’t lie to cover up a fellow cops wrongdoing… they won’t say a dang thing about it. Considering the amount of power our police force has and what they’ve gotten away with… we NEED an ombudsman with the power to counteract their loophole in lawlessness. The point I’m trying to make is cops tend to look out for each other.
I’m hoping Verner tells the guild to shove it and that’s the way things are going to be.
CA_target on July 13 at 12:02 p.m.
DHS is expanding their polygraph program to fight corruption of their CBP agents. http://t.co/fMENr6o
All levels of law enforcement should follow their lead. Corruption on any and every level is no longer an option we can ignore. It has become a national and world security issue. Along with civil and human rights abuses. We can once and for all ‘break the code’.
gonefishin1 on July 13 at 12:17 p.m.
heres hoping the feds find guilty the SPD officer who first contacted otto zem. Maybe we could be lucky and the feds will step in like in portland, miami, and LA just to name a few cities where the feds have cleaned up the bad cops. it would allow the good spokane cops to shine that much more. Its gonna take a federal goverment intervention not a powerless ombudsman
horse_feathers on July 13 at 1:04 p.m.
SPD is just another gang in the hood, only they have the backing and power of our local government behind them.
Excuse me while I puke.
Ed Byrnes on July 13 at 2:22 p.m.
Not surprising at all and very disappointing. The Guild and City of Spokane administration seem bent on a dance toward eventual federal receivership.
greenlibertarian on July 13 at 3:31 p.m.
As predictable as rain in April.
Everybody knew or should have known that this would HAVE to be negotiated with the goons, er, excuse me, the Guild.
There is a small victory here as pointed out by John Snyder.
Orphan on July 13 at 4:35 p.m.
OK everybody is pissed off but who is going to actually do something about it? Get out and vote go to city council meetings and voice your displeasure. Carry a voice and or video recorder amd record the Cops actions every time you see them behaving badly and then complain loudly about said actions.
Orphan on July 13 at 4:41 p.m.
Only record the Cops in public where they have no expectation of privacy.
D Statler on July 13 at 8:55 p.m.
Somebody said it best in a previous story: We represent the LOLLI POP GUILD. LOL This is just wrong to let the police union tell the government what we can and cannot do. Our local leadership needs to grow some cahonies.Very Disappointing!
Teseract on July 14 at 12:53 p.m.
I was stuck watching daytime TV recently while waiting for a carrier to deliver a package. I happened across a show that displays police videos.
At one point the police were chasing a lady who’d gone off her meds (paranoid schizophrenic). At one point they had her car trapped and she jumped out of her car with her hand in her purse like she had a gun. They had a couple officers with their guns pointed at her.
I reflexively braced myself expecting a volley of handgun fire from the officers, but they didn’t shoot! They kept yelling at her to put her bag down and didn’t fire!
To make a long story short the lady was captured and went back on her meds instead of being sent to a morgue. This disturbed me, not because I felt the result was incorrect, but because as a citizen of Spokane my instinctual assumption was that the police would empty their guns into a mentally ill person at the least provocation.
A sad state of affairs.