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October 11, 2011 in City
Council limits police reviews
City leaders repeal ombudsman’s investigative power
Spokane’s police ombudsman on Monday lost the power to independently investigate misconduct allegations against the city’s law enforcement officers.
The Spokane City Council voted 5-2 Monday to repeal police oversight rules it approved unanimously last year, blaming an arbitrator’s decision in July that determined the expanded powers violated the Spokane Police Guild’s labor contract.
Monday’s decision to revoke the expanded investigative powers, an issue debated for weeks at City Hall, came as U.S. District Court prepares for the opening of a criminal trial this week against Spokane police Officer Karl F. Thompson Jr., who is accused by federal authorities of using excessive force and lying to investigators in a 2006 confrontation that left an unarmed man dead. The Otto Zehm encounter was a driving force in the city’s hiring of a police ombudsman.
Although the city insists its officers did nothing wrong in the Zehm encounter, some members of the police department have since acknowledged that the department’s own investigation into the case was flawed.
All members of the City Council spoke strongly in favor of maintaining a police oversight system with independent investigative power, but the majority said the city had a better chance improving police oversight by repealing the ordinance and negotiating with the guild rather than heading to court to appeal the arbitrator’s decision.
Councilman Jon Snyder said if the mayor negotiates a contract that doesn’t include the extra oversight, the council can reject the contract. He and others said appealing the arbitrator’s ruling in Superior Court could draw out the issue for up to two years.
“This is the best course of action if you really want a strong ombudsman,” said Councilman Bob Apple.
But the two supporters of keeping the law on the books said relying on contract negotiations could take just as long. Council members Richard Rush and Nancy McLaughlin argued that if the council rejects a guild contract for lack of strong enough oversight, the issue likely would end up at an arbitrator.
Spokane Mayor Mary Verner said before the meeting that appealing the arbitrator’s decision would be a waste of money that could be used elsewhere in the budget. She said the guild has indicated that it would not consider the issue unless the ordinance was first repealed. Adding investigative powers to the ombudsman’s authority is a priority for her in negotiations, she said.
But McLaughlin said she’s concerned that the guild will want better pay or benefits in exchange for the rules. Given the projected $8 million deficit that the city will have to close to balance the 2012 budget, the city doesn’t have anything to trade, she said.
McLaughlin, who is the president of the Association of Washington Cities, also said that if the city lost an appeal, it would find more sympathy within the Legislature to change state law to allow a police ombudsman system without winning approval of police unions.
Liz Moore, of the Peace and Justice Action League of Spokane, noted that during contract negotiations with the guild in 2009, Verner said her priority would be keeping wages down to avoid layoffs in the department, not getting the ombudsman more authority.
“There’s no track record that negotiations with the guild is a better path than a legal remedy through the courts,” Moore said.
Closing Geiger: Wise or worrisome? 
Pat O'Leary on October 11 at 5:20 a.m.
Once more the tail wags the dog and the Council rolls over and wets itself. Why not just fire the ombudsman and appoint the Guild president as the new one? The Zehm homocide trial starts tomorrow and what a legacy this will be. Back to square one 5 years after Otto’s beating death. Pathetic!
jimvw2 on October 11 at 6:19 a.m.
The City has a contract and needs to abide by its terms and conditions. You would expect no less if you had a contract with the city or any private business. A contract is a contract. If you don’t like the terms of the current contract, you negotiate a new one at your earliest opportunity. It’s the same in the private sector. City Council did the right thing. Honor the terms of the existing contract. Fix what you don’t like in the next one.
Lewis on October 11 at 7:52 a.m.
no fixing it jim you know that your union is the issue here. until we can disband the guild there will be no justice in spokane when dealing with the police.
Coffee on October 11 at 8:41 a.m.
When it comes time to vote for city Council members, just do not vote for the incumbent.
misjustice on October 11 at 10:36 a.m.
This is not a surprise, the ombudsman position is impotent, the council is limited in what it can do, the mayor can’t talk about it without making things worse, and the chief is MIA; the more things change the more they stay the same.
“This town needs an enema!”
crossfire on October 11 at 12:01 p.m.
I think we need to flush the system and put fresh water in the commode.
DickAdams on October 11 at 12:11 p.m.
Pat O`Leary, makes the same point I have, but does better than I can by hitting the nail squarely on the head. Thanks Pat, I agree with your opine, totally.
horse_feathers on October 11 at 1:45 p.m.
It is time for a citizens initative to create a board of citizens to over see police use of force in Spokane.
mtorres55 on October 11 at 2:17 p.m.
This was not about contracts. Last night was about whether or not to clean up the mess the city made weeks ago when it supposedly “defended” an appeal they were to have sent to the Public Employees Relations Council (PERC) but sent to an arbitrator instead - and then made NO defense, with NO witnesses. And got publicly flayed by the arbitrator himself for the incompetence of the “defense”.
That level of incompetence is simply not to be believed. And it isn’t. Many people believe it was the City Attorney’s deliberate attempt to destroy the 2010 Resolution that gave teeth to the Ombudsman position.
And it worked. Last night the city council, with the laudable exception of Rush and McLaughlin, after a number of inaccurate statements by Apple and Snyder, repeated by Waldref and Shogan and refuted but ignored by city attorney Piccolo, and the usual fear mongering by Corker, once again caved in to peer pressure and their own fear-induced doubts.
Apple and Snyder made straw man arguments and demolished them, the others (except Rush and McLaughlin) followed along. It was shameful. Thank you Richard Rush and Nancy McLaughlin, for having the courage of your convictions.
mtorres55 on October 11 at 3:08 p.m.
I should add that the Council believes that Repeal opens the path for negotiations with the Police Guild. With the Guild that has opposed oversight for decades. By a City administration barely lukewarm for oversight, and that put oversight on the negotiation table last time but told the Guild it was not a priority - and so it was never even discussed.
Sure, that’ll do it!
Mike1950 on October 11 at 3:56 p.m.
Perhaps Nancy McLaughlin hit the nail on the head when she suggests that this is something the state legislature should take up. We need to contact our representatives and insist they draft legislation to put teeth in an independent ombudsman position throughout the state. Negotiating this issue with the police guild would be a huge waste of time.
brianrbreen on October 11 at 4:26 p.m.
@mtorres55
Gosh I love you girl, but would you please give it up. As you have stated time and again the Ombudsman is a joke and it will continue to be. It is a waste of money and the legislature isn’t going overturn binding arbitration. Focus on oversight that is outside of the control of binding arbitration and there is a lot. The city just won’t mention it to you because the oversight extends beyond just the cops.
Thayne on October 11 at 5:03 p.m.
Where are all the anti-union screamers. The “guild” is a union. Get rid of the guild and start fresh. As long as the union can dictate terms to the council and the mayor, more people will die at the hands of thugs masquerading as police. It’s a shame because there are many good officers, but the bad apples seem to have all the power.
Orphan on October 11 at 6:21 p.m.
The only good officers are the ones that don’t know about the bad ones.
Lewis on October 11 at 6:50 p.m.
mike1950 Washington legislators wont help heck they are the ones who took away our civil liberty rights when dealing with police.
it is a law in Washington state you must do what a policeman says regardless if it results in your death. the state legislator thinks you can sue for justice when your already dead.
no help there they are as crooked as our leader ship in Spokane.
misjustice on October 11 at 6:57 p.m.
Hmmm, good question Thayne!
Union members = thugs.
Guild = union members = thugs on steroids + weapons + badges = dead citizens - over sight on their power = absolute power over those they are sworn to protect & serve = no consequences when there are dead citizens = police state = dead citizens.
No matter how you do the math, the citizens lose!
Ron_the_Cop on October 11 at 7:15 p.m.
Ok besides asking the US Attorney’s Office to expand its current criminal investigation to include all those who were complicit and or aided/abetted in the coverup for obstruction of justice, ask the US DOJ to do a pattern and practice investigation (Like Seattle PD) I challenged the Mayor to do this in the Mayor’s state of the City address thread:
Mayor Verner,
If you want to have any hope of winning this election you need to fire the following IMMEDIATELY:
Chief Kirkpatrick
Asst. Chief Nicks
City Attorney Delaney
Asst. City Attorney Treppiedi
and
Fire Chief Williams - there are plenty of reasons - AMR for one
Fire Gavin Cooley - for hiding the City’s slush funds the “Bank of Hein” and not having a CPA as he claimed “innocently” he didn’t remove on the City’s Website.
I tried to speak to these funding priorities when I testified before Council and sent you a copy of my prepared text re the Downtown Electric Trolley System where I mentioned the cut of the SPD property crimes unit. I said the City was sending mixed messages to the people with the tragic Creach OIS - We’re supposed to call 911. Yes the was a SCSO case but the message is the same. President Shogun rudely ruled me out of order before my three minutes had expired.
Spokane Trolley System is akin to Nero’s playing the violin while Rome was burning!
http://tinyurl.com/3bcaw6r
Trust me - remove the detectives that keep the mice/rats/vermin that would violate one’s home, there will be an explosion in residential burglaries. In CA a residential burglary is considered a serious felony and counts as a strike offense. This is an essential function of government. What they Hell are you doing?
REINSTATE NOW the SPD Crimes Against Property Unit - this is tantamount to malfeasance in office and you know it. This is a Three Care Monte scam. Rip the PD to scare and squeeze more money from the taxpayers to cover your fraud losses and other wasteful spending.
Be honest with the people and make other prudent cuts and You know where these cuts can be made. As you know the structural debt left over from the RPS settlement/bailout is costing the taxpayers of Spokane $2M per year. With the economy in the tank the chickens have come home to roost just as Councilwoman Cherie Rodgers predicted.
Gee I’m getting very tired as A TAXPAYER paying for Atty Bob Dunn’s judgments for his police clients from the stupidity of our elected and appointed governmental officials. Mr. Dunn only takes cases he knows he can win and get a big paycheck.
Pull the plug on the Zehm civil case NOW and settle!
The Federal CRV Otto Zehm Trial will begin tomorrow. I expect the S-R will be doing blow by blow accounts. As this case unfolds and the US Attorney’s Office presents it’s evidence I’m sure there will be those complicit in this coverup will be jumping into the Spokane River from the top floors of City Hell!
Act to stem these losses now or you will be toast in this election.
Det. Ron Wright (Retired - Riverside PD, CA)
Principal, Ron Wright Investigations LLC
PS read the comments from Brian Breen in Doug Clark’s column re cutting the burglary unit:
http://www.spokesman.com/stories/2011/oct/09/doug-clark-who-cares-about-property-theft-when/
GDodd on October 12 at 7:47 p.m.
http://spokanehomicide.20m.com/