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July 15, 2011 in City
Spokane detective with ‘troubled work history’ fired
Harvey
(Full-size photo)
Spokane police Chief Anne Kirkpatrick fired Detective Jeff Harvey on Wednesday as a result of his alleged confrontation with a state Fish and Wildlife officer and what his termination letter labeled a “troubled work history.”
The incident was “part of the pattern of behavior,” city spokeswoman Marlene Feist said.
Harvey is the former vice president of the Spokane Police Guild. Attempts made to reach Harvey, his attorney, Rob Cossey, and the guild president, Detective Ernie Wuthrich, were unsuccessful Thursday.
Mayor Mary Verner said that the decision was Kirkpatrick’s but that she “backs the chief’s decision.”
Harvey faces a gross misdemeanor charge of obstructing law enforcement stemming from his encounter with Fish and Wildlife Officer Dave Spurbeck, who responded Jan. 22 to a report of youths shooting after legal hours on Peone Road near Deadman Creek north of Spokane.
Spurbeck wrote that after pulling over Harvey’s pickup, Harvey refused to let him question youths in the vehicle and was extremely argumentative.
“The subject physically blocked me from contacting the occupants of the vehicle. I had to place him in an escort hold and physically moved him away from the vehicle,” Spurbeck wrote in a report. When he finally was able to question the youths, two of them admitted to shooting at 4:45 p.m., five minutes after legal shooting hours had ended, according to Spurbeck’s report.
Harvey had been on paid leave since February.
A Spokane Police Department internal investigation determined that Harvey failed to obey Spurbeck’s commands and attempted to hinder his investigation, according to Harvey’s termination letter.
The case is scheduled to go to trial in Spokane County District Court next month.
Harvey earned about $97,800 from the department in 2010, including $13,400 in overtime.
His 10-page termination letter, which was signed by Kirkpatrick and City Administrator Ted Danek and hand-delivered to Harvey’s home Wednesday, also details other discipline and negative evaluations during his 24 years in the department.
In 1987, Harvey was suspended for 20 days without pay for “excessive use of force and demeanor” after breaking a man’s arm. The altercation occurred when Harvey attempted to arrest a man for having an open container of alcohol. A police news release from 1987 said a backup officer told investigators that he saw Harvey repeatedly strike the man when he was “on his knees holding his arms in a defensive position and in no way threatening the officer,” according to a Spokesman-Review article.
Harvey was suspended that same year for one day for harassment in connection to complaints made by two other citizens, according to a Spokesman-Review article.
He was given an oral reprimand in 1989 after eight employees at the Spokane County Juvenile Detention Facility complained that Harvey and two other officers used excessive force against a 17-year-old boy who had recently been arrested for having an open container in public, according to a Spokesman-Review article.
In 1991, he was suspended for 40 hours for abusing sick leave.
“After you were denied a requested day off because of short staffing, you called in sick and went hunting,” the termination letter said.
In 1993, he was suspended for five days for making false allegations about a supervisor. Since then, the letter outlines mostly negative comments from supervisors in reviews.
“Jeff is a competent investigator and is capable of producing a superior work product,” wrote Sgt. Dan Torok in 2009. “However, this fact is sometimes overshadowed by what appears to be an overreaction to some issues.”
Last year, Torok wrote that he had concerns about Harvey’s “overall demeanor.”
“My question was in regards to his attitude and seemingly displeasure with being here,” Torok wrote. “… I do not see this situation resolving itself, and the unresolved issues cannot be healthy.”
Harvey was a vice president of the guild when the group held a vote of no-confidence in the chief last year. A majority of voters, though not of guild members, agreed to give Kirkpatrick and Assistant Chief Jim Nicks the no-confidence label.
Verner said Harvey’s termination is a result of his actions as an employee, not as a union member.
“When we take personnel decisions, we take them based on the employee’s behavior in the workplace,” she said.
The termination letter indicates that some leaders in the department felt Harvey was cut more slack because he was in union leadership.
“Often times Jeff discusses issues in the department in a manner that is afforded a union representative that would be frowned upon if it were any other detective,” Torok wrote in 2009.
“An example is his severe criticism of the administration, a policy, certain members of senior staff, etc.”
MAC faces angry crowd 
valleyman on July 15 at 7:02 a.m.
Since many of you accuse me of defending all police officers no matter what, let me be the first to say GOOD RIDANCE!
There should be no room ever for a police officer who acts in a manner that requires one of his contemporaries to use force against him.
ChefGus/ John Olsen on July 15 at 7:16 a.m.
Too much Testosterone ( as a supplement, or androgen therapy for bodybuilding) one possibility.
Thank you for the insights into how the Union Leadership likely differs from the feelings and actions of the regular line officers that serve us so well. If one reads the Editorial today by the Review Editors in the context of this event of firing an officer, and Mr Clarke’s “editorial”/commentary yesterday it does seem to make sense.
Pay attention to what people DO not to what the say they are going to do…. The Chief has made a brave first step here in exposing the inside of the Guild and its control over our lives in Spokane. Bravo.. John
Orphan on July 15 at 7:51 a.m.
This is a good start, Cops like this guy are a danger to society. We should have a 3 strikes and your out of there rule.
Most likely there were other incidents that never got reported just like other criminals he did not get caught every time he abused his authority. The fact that it took 20 years to get him off the streets of Spokane is a huge problem.
I am with Valleyman, good ridance, Harvey gives the good Cops a bad name.
Bravo for Dave Spurbeck and the other Cops that turned Harvey in when he misbehaved, we all tend to forget to give the good Cops a pat on the back.
brianrbreen on July 15 at 6:51 p.m.
The termination of Mr. Harvey was premature, and any individual knowledgeable with respect to handling internal investigations of public officials alleged to have committed criminal conduct would have known that in order to be in best position to justify a termination or make a decision regarding any subsequent disciplinary action it is of primary importance that the criminal case is heard and a verdict rendered prior to any administrative action taken. There are a number of significant reasons why this is important including the fact that witness testimony is under oath and a matter of record. It also allows independent examination of the witnesses by both the prosecution and the attorneys representing the public official. The recorded testimony of witnesses at a criminal trial is readily available post trial for administrative investigations and in most cases will provide further leads for an administrative investigation, as well as help to dispel any questions regarding a particular bias. It is quite often even better from an administrative perspective if the public employee takes the stand in his/her defense and makes statements not subject to Garrity.
A snap shot of Mr. Harvey’s criminal defense was projected during his Loudermill Hearing and the criminal trial will revolve around who is telling the truth, the wild life agent or Mr. Harvey. The issue of the interrogation of Mr. Harvey’s children will also become and issue at trial, and although I do not know the age of the children involved, I do know that depending upon the age of the children Mr. Harvey does have the right to object strenuously (without obstructing the investigation) to the children being interrogated or interviewed by a law enforcement officer.
Unless Mr. Harvey takes the witness stand in his own defense, and offers testimony as to his own veracity I don’t see how the jury will hear the litanies of improper and illegal conduct he apparently has admitted to having perpetrated.
An acquittal of Mr. Harvey in this case is not beyond the realm of possibility. Should he be acquitted the City of Spokane and the Police Department will be in the same position they were in the Mehring case and others cases, paying more for the costs of defending the civil action then it would have cost for the officer to remain on paid administrative leave pending the outcome of a proper internal investigation. It is quite obvious that those representing Mr. Harvey anticipated what the City and the Police Department would do, and had everything well prepared.
Brian R Breen
D Statler on July 15 at 9:50 p.m.
His picture makes him look constipated! LOL Real winner here!