Civil service shakeup in works

One Spokane County civil service commissioner will be ousted at the end of his term, and another is being asked to resign as a result of this month’s controversial decision regarding a sheriff’s detective who had been fired for exposing himself at an Airway Heights coffee stand.

John R. Shagen, whose six-year term is up Tuesday and has applied to be reappointed, will not get a second term, Spokane County commissioners decided at a special meeting Friday.

The commissioners said they believe the public has lost confidence in the two civil service panel members who changed Detective Joseph Mastel’s termination to a suspension and retirement for the June 16 incident in which he exposed himself to a barista at the stand where he was a regular customer.

“This is incompatible with the public’s notion of what’s right and wrong,” county board Chairman Mark Richard said.

Although county commissioners were unanimous in agreeing that Shagen should be replaced, that Sheriff Ozzie Knezovich should be encouraged to appeal the panel’s ruling and that a letter of apology should be sent to the victim, they split 2-to-1 on the question of whether the other panelist, Curt Berklund, should be asked to resign as well.

Stephen Shrope, a third civil service commissioner who recused himself from the decision because he had talked about the case briefly with a deputy prosecutor, did the right thing and won’t be asked to leave, county commissioners said.

Richard and Commissioner Bonnie Mager voted to send a letter to Berklund encouraging him to step down.

“We’re just putting him on notice that the public has lost trust in his ability to serve their interest,” Mager said. “If you no longer have the public’s trust, I personally would resign if I were in his shoes.”

Commissioner Todd Mielke said that although he disagrees with the panel’s decision, he’s worried about the appearance of trying to influence an independent commission.

Berklund, in an interview Friday afternoon, said he wasn’t going to resign from the volunteer position. A former director of the U.S. Bureau of Land Management, Berklund said he was approached by county officials several years ago to apply for the position because of his extensive knowledge of civil service.

“I’m not just a guy walking in off the street saying ‘Hey, I’m looking for a job,’ ” Berklund said. “To resign would be to admit wrongdoing (by the Civil Service Commission.) Everything was done within the legal limits of the law.”

He also disputed the commissioners’ contention that the public has lost faith in the panel: “I don’t think it’s the community. I think it’s a vocal few that’s been whipped up by some of the media.”

Chief Civil Deputy Prosecutor Jim Emacio told commissioners that they don’t have standing to appeal the panel’s decision. But Knezovich might because of questions over the way they granted Mastel the ability to use some accrued sick leave.

Knezovich said Friday he “totally disagrees” with the panel’s ruling and is asking legal staff to study an appeal. “I hope to have some kind of answer from legal next week,” he said.

County commissioners said they will ask the Legislature to amend state law that governs civil service commissions. That law, established by a vote of the public in the 1950s, set up a three-member board. But that number is impractical if one commissioner is missing or has to sit out a decision, leaving only two to consider an appeal. A five-member commission might make more sense.

The commission is also all male, and Mager said it would be a good idea to have “gender balance” on the panel.

“As a woman, I was just totally mystified that you could think this was not a violation of the law,” she said of Mastel’s actions.

County commissioners also thought the community might believe the civil service panel decision was a signal that it was agreeing with Mastel that the victim had some responsibility for the incident.

Berklund said in the later interview that the Civil Service Commission made its decision when Mastel was accused, but not convicted, of a misdemeanor. A municipal judge ruled in November that Mastel’s sentence would be deferred, and the charge would be dismissed if he completes mental health treatment and obeys the law.

As for blaming the victim, Berklund said that did come up in the hearing from Mastel, but “it never came up in our decision.”

County commissioners said they would accept applications for the upcoming vacancy on the commission through next Friday at 5 p.m., and hope to make an appointment soon after that.