Spokane7
59°
February 25, 2012 in Opinion
Editorial: Thoma case underlines need to fix the system
It’s become glaringly obvious that we are saddled with a system that caters to the loopy notion that a Spokane police officer can shoot himself in the foot, then blame the bullet. So two things need to happen:
In the short term, the city administration must play the game with the diligence and zeal of the attorneys who continually clean their clocks with wrongful termination lawsuits. In the long term, the game itself must be changed.
In the latest example, Sgt. Brad Thoma was fired for acts his own union called “reprehensible.” Driving drunk, he crashed his truck into another vehicle and left the scene. Nobody defends what he did, but because of the uncoordinated actions of officials apparently fuzzy on an Americans with Disabilities Act that covers alcoholism, Thoma’s attorney was able to capitalize on the lapses in due process.
Now, Thoma stands to collect $275,000 in back pay and return to a job with the Police Department. Or does he? The city announced that a settlement was reached by the state Human Rights Commission, but the executive director of that panel has since said she did not sign off on it.
On Wednesday, Mayor David Condon was defending the deal. On Thursday, he suspended it, saying he did not want Thoma back on the force, which turned out to be news to interim police Chief Scott Stephens.
So, the human rights panel has assigned a second investigator to look into the matter.
It’s just another example of the disjointed nature of these cases, which attorneys happily exploit. More egregious than the premature announcement of this deal was the lack of coordination among the Police Department, prosecutors and city administration to prevent Thoma from winning an award based on an ADA claim.
Rather than make sure he be held responsible for the hit-and-run – a fireable offense – a deal was struck in District Court to expunge that charge, which provided the opening Thoma needed to claim that he was wrongfully fired because the department did not make a reasonable accommodation for his alcoholism.
The answer to messes like this in the short term is for all relevant officials to work together so that one of them doesn’t torpedo the intentions of another.
In the long term, we need a meeting of the minds among officials on the federal, state and local levels to address the system’s perverse incentives and counterproductive rules, which block reasonable attempts to terminate public employees who richly deserve it. Perhaps the kind of cross-jurisdiction cooperation that produced the successful Drug Court could be tapped to create a common-sense system to deal with wayward workers.
The public is aptly outraged with a system that fritters away scarce tax dollars on “Are you kidding me?” cases. In turn, this incredulity erodes trust in all areas of government. It’s time for leaders to take a serious run at a comprehensive solution.
To respond to this editorial online, go to www.spokesman.com and click on Opinion under the Topics menu.
MAC firing begs explanation 
tschmautz on February 25 at 8:13 a.m.
While I don’t disagree with this editorial, I still find it baffling that we are having to discuss procedures that will preempt the Police Guild’s seemingly overreaching power. I am not against unionization as it can protect workers in need of protection. This union, however, doesn’t seem to have protection of people as it’s primary goal. As such I don’t think the editorial speaks to the root of the problem.
brianrbreen on February 25 at 9:09 a.m.
Good editorial. The most important point is the need for there to be qualified and experienced individuals involved in the discipline of SPD Officers and those individuals MUST interact in the interest of the community they serve. Investigation into matters of misconduct, from the beginning of the investigation must be approached with an objective posture in the interest of everyone involved including the public. Regardless of what the City’s exposure might be all cases should be handled honestly, ethically, and correctly.
HammerSix on February 25 at 10:39 a.m.
The next time the City and the Guild sit down and hammer out their collective bargaining agreement, they need to write in provisions for handling these cases. It would go something like this:
Officer Thoma, an otherwise decorated Officer, does something stupid (again) which is a fire-able offense (say, Leaving the Scene). City officials and SPD (Guild) officials, sit at a table, draw the curtains and play fantasy Police Officer. If the City wants the Officer, they continue to pay him/her. If the Guild insists they want the Officer, they pay him/her. If neither want the Officer, both parties break out the Scotch and fire up the stogies.
In this scenario, the taxpayers are represented by City officials that they have some say in electing. Conversely, if the Guild wants a dirtbag (Thoma) to remain on their force, why should we care? We’re not paying for it.
This is how you build a culture within an armed force in which the force keeps itself clean. It can be done—I’ve lived it.
Problem solved!
steveberde on February 25 at 12:18 p.m.
I completely agree with this opinion piece. I am hoping that the new mayor, interim police chief and a capable council can resolve this. We have simply and continually been “outlawyered” on these cases. You point out the need to coordinate these matters.
Sadly I fear that some agency or body will then claim that there was collusion or something else untoward to permit this nonsense to continue.
For once I applaud the guild for calling this behavior reprehensible.
gmorton on February 25 at 1:10 p.m.
Editorial:
“It’s time for leaders to take a serious run at a comprehensive solution.”
Yes, it is. The comprehensive solution is to repeal the ADA and abandon the inane fiction that alcohol abuse is a “disease.”
mary1958 on February 25 at 1:34 p.m.
I don’t believe fixing the solution starts with paying back pay and giving Thoma a detective job. The Mayor needs to hire an attorney that is an ADA expert, find a chemical dependency expert, and contact the victim in Thoma’s case to testify. He needs to reject this idea if nothing else to set a president and I believe he has the footing as the ADA doesn’t say that the disabled one HAS to have his job back. Thoma was offered a job but he refused it. I agree with the guy on a previous blog who said Thoma was not fired he “quit.” If Thoma developed an alcohol problem from working in law enforcement then THAT is his primary relapse trigger. Relapse is too likely to carry and gun and drive a car. DON’T CAVE MAYOR!!
I personally would be willing to shovel the street in front of my house as well as the sidewalks if it doesn’t work out.
Perhaps we need to write our representatives at the state level and ask for legislation pertaining to civil servants and their need to be more accountable.
greenlibertarian on February 25 at 3:56 p.m.
Thoma’s H&R victim has already been paid off and is out of the picture.
Conversely, if the Guild wants a dirtbag (Thoma) to remain on their force, why should we care? We’re not paying for it.
Just what the citizens need, a rogue dirtbag cop who can cause UNTOLD wreckage. Asinine comment.
This ADA stuff regarding LEO’s was all sorted out at least a decade ago, why is Spokane ALWAYS behind the times?
gmorton on February 25 at 4:41 p.m.
mary1958 wrote,
“Perhaps we need to write our representatives at the state level and ask for legislation pertaining to civil servants and their need to be more accountable.”
But Mary, that is precisely the point of re-defining destructive behaviors as “diseases” – to enable as many losers as possible to escape responsibility for themselves. Else how will the throngs of tax-sucking lawyers, counselers, therapists, “treatment centers,” and other featherbedders make a living?
de3 on February 25 at 4:52 p.m.
The key point: “Rather than make sure he be held responsible for the hit-and-run – a fireable offense – a deal was struck in District Court to expunge that charge, which provided the opening Thoma needed to claim that he was wrongfully fired because the department did not make a reasonable accommodation for his alcoholism.”
The corruption goes way beyond the PD and the union and deep in to City Hall to deliberately game the system so PD officers get huge payouts.
What is the name of the person that struck the deal in District Court?
Ron_the_Cop on February 27 at 11:45 a.m.
I commend the S-R for this editorial as it hit the major points in this proposed settlement. The City is trying to make the HRC, the ADA and the “new” retroactive nature of a bill passed by the legislature this year dealing with the requirement of the Interlock Ignition Device.
See the the comments in Doug Clark’s Sunday column:
http://www.spokesman.com/stories/2012/feb/26/click-heels-and-repeat-theres-no-disgrace-like/
Here’s some of my comments on point on this topic:
http://www.spokesman.com/stories/2012/feb/26/click-heels-and-repeat-theres-no-disgrace-like/?comments#c417747
http://www.spokesman.com/stories/2012/feb/26/click-heels-and-repeat-theres-no-disgrace-like/?comments#c417766
Ed Byrnes on February 27 at 11:56 a.m.
Bradley Thoma is an irresponsible person and a disgrace to the SPD. Nonetheless not even one active duty SPD officer has publicly stated that Bradley Thoma’s behavior does not represent the SPD rank and file. Silence is the voice of complicity.
ultralitigator on February 28 at 7:56 a.m.
I think this editorial is just terrible. It show a basic ignorance of the underlying facts and law.
The Hit and Run charge wasn’t “expunged”. Based on previous reporting it was clearly a Compromise of a Misdemeanor pursuant to RCW 10.22. The judge was required to enter findings as to why it was granted. Why doesn’t someone pull the minutes and actually find out the facts? Pull the tape and listen to the hearing.
I don’t know for a fact but stongly suspect that if the prosecutor’s office had coordinated a criminal prosecution in order to forestall a civil claim, some attorneys would have had to answer to the bar association. Not to defend anyone’s actions, but do you think that it is a good idea for the government to initiate or pursue criminal charges to put yourself in a better position for a lawsuit.
As for the DUI, he was granted a Deferred Prosecution (DP) pursuant to RCW 10.05. He had to agree to the police report. I don’t see how his dismissal of the Hit and Run means he can claim that it didn’t happen or if the Hit and Run being part of the DP would have meant that he could not have asked for an accommodation under ADA. While a conviction is great evidence that a job termination was appropriate, I do not know of any law, caselaw, rule that says a dismissal that did not go to the merits of the case is a bar to termination.
Attorney can’t comment on ongoing cases, so the defense and the prosecutors likely can’t respond except as to facts. But that doesn’t excuse the sloppy reporting on this case or the above sloppy editorial.
Ron_the_Cop on February 28 at 11:12 a.m.
@Ultralitigator,
Indeed - mega ditto!
brianrbreen on February 28 at 11:36 a.m.
@ultralitigator
I agree that the dismissal would not preclude termination for the H&R conduct. However I don’t see any ethical violations if I walk over to you and say…we want this guy treated like any other citizen but if the H&R is good please keep it because it is helpful to us. I understand what you are saying but you know cops go and argue keeping cases all the time. Then it’s up to prosecutorial discretion and what may or may not result in decreased respect for the law.
brianrbreen on February 28 at 12:12 p.m.
@ultralitigator
Assuming your assessment is accurate…and I’m sure it is…and as a condition to the compromise he did agree to the facts in the police report regarding the H&R why did someone not do as you suggest and utilize those admissions as elements in terminating him?
Kinda like this;
I walk over and say “Ultra…what the hell is the deal on the H&R? “You say it was a compromise and he agreed to the police report in open court.” I say okay thanks I’ll get the stuff… see ya.”
That is kinda like a good interaction isn’t it? Of course then I’d have to be smart enough to use it as an element in the termination.
Ron_the_Cop on February 28 at 4:06 p.m.
@Brian,
That’s not how they play ball in this town. Treppiedi and crew are too concerned about keeping this all hush hush. That’s what bit them in the butt on the Zehm OID.
The feds came in and played major league ball in our little bush league and cleaned their clock leaving and aired all their dirty laundry in public for all to see. And I’m sorry it does stink!