July 27, 2011 in News, City

Council could change ombudsman rules

Groups question arbitrator’s decision

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The city should not have let an arbitrator decide whether it had the right to give extra authority to its police ombudsman, three Spokane citizens groups say. The decision should be sent back to a state board that has the power to make the call.

“The arbitrator’s decision was illegitimate, and the city needs to challenge it, the sooner the better,” said Tim Connor, communications director for the Center for Justice, a public-interest law firm.

But Spokane City Council President Joe Shogan said he doubts the city will take that action. Instead, the council could consider repealing the 2010 ordinance that expanded the ombudsman’s powers.

“I don’t have the sense that the council’s going to appeal,” Shogan said. “It’s very hard to overturn an arbitrator’s decision.”

In a letter sent this week to city officials, an attorney for the Center for Justice argues the arbitrator, Michael Beck, acknowledged that the decision to decide the dispute between the city and the police guild over the ombudsman rested elsewhere, with the Public Employment Relations Commission.

But because the city and the guild hired him, Beck said it was his ruling the city overstepped its power in expanding the ombudsman’s authority to allow him to conduct independent reviews of police complaints. That should have been bargained as a change to the city’s contract with the Police Guild, he said.

Beck’s right about not having the statutory authority to make that call, attorney Bonne Beaver argues in a letter to city officials. The city should go back to PERC and make the case there.

Also calling for the city to appeal the decision are the Peace and Justice Action League of Spokane and VOICES.

But Shogan said the council believes Beck had the authority to decide the case because both the city and the guild asked him to do so. The city hired an outside attorney to handle the case, and he believes the arbitrator was within his authority.

If the groups want the decision appealed, they can “figure out a way to appeal it.” That could be difficult, Shogan added, because they aren’t a party to the case and may not have standing.

Instead, the council is considering repealing the ordinance that gives the ombudsman the authority to conduct independent interviews and investigations of complaints against the department. Under the original ombudsman ordinance, the ombudsman only had the authority to sit in on investigations the department conducts of officer complaints. That ordinance was a result of contract negotiations with the union, but the 2010 revisions were not.

A proposal to repeal the 2010 ordinance could be available for review by the end of today, Shogan said. That would meet the deadline for making it available for a first reading on Monday and a hearing and vote the following Monday.

Six comments on this story so far. Add yours!

• 

  horse_feathers on July 27 at 3:13 p.m.

  City of Spokane

  Property of

  The Police Guild

• 

  detroitdude on July 27 at 5:07 p.m.

  How much does Tim Burns make? If this guy is going to be stripped of real authority then sincerely he should be getting $8.67 an hour for his job? Why investigate anything if it doesn’t matter regardless of what you may find.

• 

  misjustice on July 27 at 6:48 p.m.

  City of Spokane

  Owned by the Mafia

  Errrr, The Guild

• 

  yellowcat on July 27 at 7:35 p.m.

  Despite what Mr. Shogan says, let’s hope the City Council does the right thing. The citizens of this town have spoke out clearly that they want investigative authority for the ombudsman.

  Linda Krogh

• 

  D Statler on July 27 at 9:06 p.m.

  The Ombudsman should be fired immediately. This position is a waste of taxpayers dollars.The intent of the voters was not to have another powerless and over paid person stand by and watch things get worse. A citizens review board should be formed much the same as a jury pool to review these questionable police actions. One needs little more than simple common sense to tell right from wrong with proper access to the real facts. I am saddened that my brothers in blue don’t have the courage to police them selves.This whole chapter in Spokanes history would have been quite different. :^(

• 

  PlanB on July 27 at 10:43 p.m.

  Undool, unfortunately I agree with you totally.

  Until the mayor and city council people actually have the backbone to exercise the power that they have to enforce accountability from the police department, and start to take public safety seriously, the ombudsman position is a total waste.

  If laws need to change, then change them.

  The guild should not set policy or determine what laws get enforced or ignored. The incredible irony is that 100 years ago, the SPD was killing and intimidating people who were advocating collective bargaining rights.

  The guild, and the city because of it’s complicity, is not only compromising public safety but also needlessly endangering the safety of law enforcement officers.