New judge to hear of Mastel decision

Spokane County Sheriff Ozzie Knezovich was granted an opportunity Friday to appeal a Civil Service Commission’s decision to reinstate Detective Joseph Mastel,who exposed himself to a barista last June.

Superior Court Judge Ellen Kalama Clark agreed to have another judge either uphold the commission’s decision or send the matter back to the commission, which may soon have a new member.

Knezovich fired Mastel, 52, in June after the off-duty detective exposed himself to a barista at an Airway Heights coffee business.

The commission changed Mastel’s firing last month to a yearlong suspension followed by retirement. That decision created controversy and prompted the Spokane County commissioners to change the makeup of the Civil Service Commission.

Deputy Prosecutor Steve Kinn, arguing the case on behalf of Knezovich, said the commission’s decision should be reversed because the commission exceeded its authority in two ways.

“They have the authority to review the sheriff’s decision and either uphold it or come up with some other relief that is specified in the statute,” Kinn said. “They don’t have the authority to basically tell an employee, ‘Gee whiz, you are suspended, and if you don’t resign at some point in time, we are going to terminate you.’ “

Kinn also argued the commission erred when it ruled Mastel could collect at least a portion of his 914 hours of unused sick time.

Because Mastel had only 13 years with the department, he would not have been entitled to a sick time payout if he simply retired.

“The commission has a right to withhold pay, but they don’t have the right to grant pay or grant benefits,” Kinn said.

Mastel’s attorney, Bill Edelblute, said he respected Clark’s decision but said the case is far from over.

“It’s not like the case has been decided,” Edelblute said. “All she’s really said is there will be a review of the matter.”

Neither Mastel nor Knezovich attended the hearing.

Asked if he was disappointed, Edelblute said, “Let’s just say I think it would have been better for everybody if it ended today.”

Deputy Prosecutor Ron Arkills, who argued on behalf of the commission, said attorneys will now file written legal arguments to be submitted to a judge.

“Then a hearing will be set where the parties can come in and make one final argument in support of their case, and the judge will render a decision,” Arkills said.

Kinn said the sheriff wanted to reiterate that he believes in an independent and impartial Civil Service Commission.

Knezovich “believes in its protections for employees,” Kinn said. “But by the same token … he believes judges, courts, and everybody else commits errors of law, and he wishes to exercise his right of review of their decision in this case.”