Deputy’s reduced penalty upheld

Wed., June 13, 2007

By Amy Cannata amyc@spokesman.com

A visiting Superior Court judge has ruled that the Spokane County Civil Service Commission was within its rights to reduce the punishment given to a Spokane County sheriff’s deputy who flashed an Airway Heights barista.

Spokane County Sheriff Ozzie Knezovich fired Detective Joseph Mastel for the 2006 off-duty incident but the commission changed that to a year’s suspension until Mastel was eligible to retire on July 3.

Knezovich then challenged that decision in court, arguing that the commission exceeded its authority.

Colville-based Judge Rebecca Baker ruled Friday that the commission was within its authority to substitute the manner in which Mastel was removed from duty to suspension and forced retirement rather than firing.

Baker said the commission’s decision was based on consideration of Mastel’s 13 years of service. She also said the commission was within its rights to give Mastel payment for a portion of his unused sick time.

In a statement issued Tuesday, Knezovich reaffirmed his belief that Mastel’s actions warranted firing.

“His misconduct made it impossible for me to allow him to work with victims, witnesses, even suspects who were female,” Knezovich said. “He violated this community’s trust and its standards for professional law enforcement, and I feel I made the appropriate decision.”

Knezovich cannot appeal.

Controversy over the Civil Service Commission’s decision prompted Spokane County commissioners to appoint new members to the group.

County Commissioner Todd Mielke backed Knezovich but said it’s time to put the controversy in the past.

“I still believe that the sheriff made the appropriate decision, but I also understand that there is a process and that process lies within the jurisdiction of the judicial branch of government,” Mielke said. “We’ve followed the process, we’ve exhausted that process. I still think the sheriff was right in his initial decision, but it’s time to move on to other issues and deal with those.”

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