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City Council Committees - Civil Services Commission - 06/16/1994
CITY OF KENT CIVIL SERVICE COMMISSION MINUTES Thursday, June 16, 1994 Members Present: Michael Pattison Ron Banister Scheduling Conflict: Callius Zaratkiewicz Others Present: Sgt. Weissich, Lt. Cline, Dave Santos - Lead Evidence Technician, Sgt. R. Holt, Ofc Tracey Church, Attorney James M. Cline, Chief Angelo, Human Resource Manager - Sue Viseth, Governmental Affairs Manager - Arthur Martin, Chief Crawford, others present. Chair Pattison called the meeting to order at 8:12 a.m. COMMISSION BUSINESS: None II. REPORTS City Attorney, Roger Lubovich- No report. Fire Chief Angelo- No report Chief Crawford- No report. Human Resource Manager, Sue Viseth- No report. • Chief Examiner Guiguet- Reported that she has the responsibility for preparing position descriptions and updating them. The Police Departments Clerical Support Staff are currently negotiating their contract with Rose Nelson, an outside contractor for the Human Resource Department, and have agreed to work with her, using the Civil Service Format, to bring their position descriptions up to date. The Committee had asked for the Civil Service Examiners input once their draft position descriptions were completed. Sue Viseth has asked the Civil Service Examiner to participate during all meetings rather than after the draft position descriptions are completed and the Examiner has agreed. Once the proposed Position Descriptions have been completed the final draft will be brought before the Commission for their final approval. The Examiner stated that she had asked Sgt Weissich, the Guild President, if he had any objections to this process and stated he had told her he did not. Chair Pattison stated that the Hearing would be moved to Item V. to allow Sgt Weissich, Officer Church and Attorney Cline to meet and also to facilitate those not involved in the Hearing leaving after New Business had been addressed. III. OLD BUSINESS Chair Pattison motioned to approve the Minutes from the May 19, 1994 Civil Service Commission Meeting. Seconded and carried. Page 2 Civil Service Minutes June 16, 1994 IV. NEW BUSINESS Chair Pattison motioned to Accept into Record the memo dated May 10, 1994 from the Civil Service Chief Examiner to Kelli Rogers notifying her of the completion of her Reclassification Request. Seconded and carried. Chair Pattison motioned to Accept into Record the memo dated May 12, 1994 from Chief Angelo notifying the Commission that Battalion Chief Pat Dale has successfully passed his probation effective May 5, 1994. Seconded and carried. Chair Pattison motioned to Accept into Record the letter dated May 18, 1994 from Chief Crawford to Christopher Ward confirming his acceptance of the position of Probationary Corrections Officer effective June 1, 1994. Seconded and carried. Chair Pattison motioned to Accept into Record the letter dated May 18, 1994 from Chief Crawford to Mr. Derek Kammerzell confirming his acceptance of the position of Probationary Police Officer effective May 24, 1994. Seconded and carried. Chair Pattison motioned to Accept into Record the letter dated May 19, 1994 from the Civil Service Examiner to Donald J. Carroll notifying him of his removal from the Entry Level Police Officers Eligibility List. Seconded and carried. • Chair Pattison motioned to Accept into Record the letter dated May 19, 1994 from the Civil Service Examiner to Belinda L. Wilson notifying her of her removal from the Entry Level Corrections Officers Eligibility List. Chair Pattison motioned to Accept into Record the memo dated May 21, 1994 from Chief Angelo notifying the Commission that Battalion Chief Mike Scott has successfully completed his probation effective May 21, 1994. Seconded and carried. Chair Pattison opened for discussion the memo dated May 23, 1994 from Chief Angelo requesting that the Entry Level Firefighter Eligibility List be extended for a period of six months to December 23, 1994. The Examiner stated that the list could be extended an additional six (6) months under Civil Service Rules and Chief Angelo stated that there were still hireable candidates on the list. Chair Pattison then motioned to grant the extension and accept the memo into record. Seconded and carried. Chair Pattison motioned to Accept into Record the memo dated June 1, 1994 from Sue Viseth, Human Resource Manager concurring with the Civil Service Examiners recommendation that Kelli Rogers position of Administrative Secretary II be reclassed to Administrative Assistant II. Seconded and carried. Chair Pattison motioned to Accept into Record the Certification letter dated May 27, 1994 from the Civil Service Chief Examiner establishing the Eligibility List for Police Captain. Seconded and 0 carried 6 • Page 3 Civil Service Minutes June 16, 1994 Chair Pattison motioned to Accept into Record the memo dated June 2, 1994 from Chief Crawford announcing the promotional appointment of Lieutenant Dave Everett to Probationary Police Captain effective June 16, 1994. Seconded and carried. Chair Pattison Opened for Discussion the memo dated June 2, 1994 from Chief Crawford announcing the appointment of Sergeant Brian Jones to Acting Lieutenant effective June 3, 1994. The Examiner stated that Sergeant Jones met the criteria for a Provisional appointment as Acting Lieutenant. Chair Pattison then motioned to Accept the memo into Record. Seconded and carried. V. HEARING: City Attorney Lubovich introduced and explained the proposed Civil Service Hearing Procedure for the June 16, 1994 Appeal. Attorney Cline and Chief Crawford stated they,had no problem with the Hearing Procedure. Chair Pattison motioned to accept into record Appellants Exhibits one (1) through six (6). Seconded and Carried. The appeal process began with Attorney Cline making his opening statement. Chief Crawford, representing the Department, declined opening statement reserving time to make his presentation prior to closing. Attorney Cline called Sergeant Weissich and Officer Church as witnesses who were cross- examined by Chief Crawford. Chief Crawford presented the Departments case and Attorney Cline cross-examined the Chief. Attorney Cline and Chief Crawford made closing remarks. The hearing closed at 9:40 a.m. and the Commission went into Executive Session. Reconvened at 10:10 a.m. Chair Pattison: "Commission has met and decided to come up with a decision and formal findings within ten days, present that decision and findings in writing to the parties of the Commission Hearing at that time. There being no questions or objections I move that we adjourn." Adjourned at 10:04 a.m. Page 4 Civil Service Minutes June 16, 1994 The next Civil Service Meeting will be a Special Meeting to be held on Tuesday, June 21, 1994 at 8:00 a.m. in Council Chambers West to finish deliberations on the Church Appeal and to issue the findings and decision. Approved: Mike Pattison, Chair 40 Respectfully submitted, V Catherine M. Guiguet Secretary & Chief Examiner BEFORE THE CIVIL SERVICE COMMISSION FOR THE CITY OF KENT TRANSCRIPT OF HEARING Thursday, June 16, 1994 BEFORE MICHAEL PATTISON, CHAIR and RON BANISTER, COMMISSIONER • PETITIONER: Officer Tracey Church James M. Cline, Attorney/Representative DEPARTMENT: Police Department Chief Crawford, Representative 11 0 Civil Service Appeal - Officer Tracey Church June 16, 1994 Exhibit #2 is a chart put together by Sergeant Weissich. It lists the same accidents that are considered on the sheet to be preventable and giving the date of the accident and also a column indicating whether that officer involved had any prior accidents and also what the sanction imposed was. The next series of exhibits involve one of the Officers in particular who has had three (3) accidents. Those are Exhibits #3, #4 and #5, all relate to prior accidents involving Officer McVicar. Exhibit #6 is relating to an accident involving Lt. Burke." C/A Lubovich: " At this point, is there any objection to any of these documents by the Department, being introduced into the record?" Chief Crawford: "No sir." C/A Lubovich: "A motion is in order to accept Exhibits one (1) through six (6) as identified into the record." Chair Pattison: "Are there any other exhibits from any of the parties? Okay. " C/A Lubovich: "These are Appellants Exhibits #1 through #6." • Chair Pattison: "Motion to accept Appellants Exhibits #1 through #6 into record. Moved and seconded. There being no objections, so moved." Opening Statements will be heard now. First statement will come from the City Department." Chief Crawford: "If I may I will reserve my opening statement or request it prior to closing." Chair Pattison: "Opening statement for the Appellant." Attorney Cline: "As you notice we have provided six exhibits, they relate essentially not to the particulars of this incident but to the history of how accidents have been treated previously by this department. What we found remarkable in going through that history is not only apparently under the tenure of this Chief, but as far as we could determine, any prior Chief in the recollection of the current officers there has never been a case where someone has received time off for having an accident. You will hear some of the description of what happened in this accident. Our view is that there was not anything particularly remarkable about this accident. The call for time off. 0 3 Civil Service Appeal - Officer Tracey Church June 16, 1994 Sgt Weissich "Just about seven years now." Sergeant Weissich "How long have you been a Sergeant?' Sergeant Weissich "Not quite a year yet." Attorney Cline: " Have you been involved in the Kent Police Guild?" Sergeant Weissich "Yes I have." Attorney Cline: "Can you tell us the extent of your involvement?" Sergeant Weissich "I'm the President of the Guild and the past president of the United Steelworkers Local 1098." Attorney Cline: "How long have you been involved in the Guild as an Officer?" Sergeant Weissich "Three and one-half years." Attorney Cline: " Is on of your responsibilities as the president to review various discipline which is imposed upon your officers?" • Sergeant Weissich "Yes." Attorney Cline: "What is the Guild's role in the discipline?" Sergeant Weissich "At least in part to try to make sure that people are being treated equally and fairly. That issues of discipline are being carried out for'just cause' for reasonable reasons, purposes at least as it relates to this proceeding . There are other things within the labor arena that we also deal with." Attorney Cline: "Okay. In terms of evaluating 'just cause', do you consider and keep track of various penalties that are imposed for similar type offenses?" Sergeant Weissich "Yes, we do." Attorney Cline: "Why do you do that?" Sergeant Weissich "So that if something is outside of the norm. Something is unusual, we know that and try to make a determination on whether or not the person who is being treated outside the norm has been treated with 'just cause'. " Attorney Cline: "I'm going to ask you about the case we're here for. The accident involving Officer Tracey Church. Can you tell us what your involvement has been in that case?" 0 5 Civil Service Appeal - Officer Tracey Church June 16, 1994 Sergeant Weissich "Criteria are set out in the Policy Manual of the Department in both policy N and the number escapes me, and in Section K. That sets the parameters and criteria that are to be used in determining whether or not an incident or accident, collision or damage to a City vehicle is reviewed by the Vehicle Safety Review Board. It is my understanding collisions or damages that total $500 or more which would be what we refer to as a Reportable Accident. All of those would be reviewed by the Accident Review Board or Vehicle Safety Review Board and damages less than that were what are referred to as incidents, it is my understanding that that they would not be reviewed by the VSRB Vehicle Safety Review Board." Attorney Cline: "Do you understand why they have a Board to review these accidents?" Sergeant Weissich "It is my understanding it is actually two fold. One is to determine whether or not the accident was preventable or non -preventable. The other is to determine sanctions if there was a preventable accident and/or to make suggestions on improvements, corrections in the way that we respond or that we handle things. Essentially a means by which feedback can be given to fine tune the process or the work that we are doing. The manner that we respond.". Attorney Cline: "A Board reviews the accident?" Sergeant Weissich "Yes." Attorney Cline: "Does the Board generally make some sort of recommendation or evaluation at . the end of that process?" Sergeant Weissich "Yes, they do." Attorney Cline: "What happens with that?" Sergeant Weissich "The findings and recommendations are eventually forwarded to the Chief 's office for final disposition." Attorney Cline: "Do they go through anyone?" Sergeant Weissich "They would go through the Lieutenant who is in charge of Internal Investigations for review of the involved Officers file, employment history as well as to the Division Commander for a recommendation on any sanctions, if there will be sanctions." Attorney Cline: "Have you been involved in discussions with the Department over any period of time throughout the makeup of the Accident Review Board and how it operates?" Sergeant Weissich "No." Attorney Cline: "Is the operation of the Board a concern for Guild Members?" Sergeant Weissich "Yes, it would be." 0 7 Civil Service Appeal - Officer Tracey Church June 16, 1994 Sergeant Weissich "Only preventable." Attorney Cline: "Okay." Sergeant Weissich "This represents the case Number, the Officer involved, the date of the accident, whether or not there were any prior accidents noted and what sanction, if any, was imposed as a result of the finding of it being a preventable accident." Attorney Cline: "Can you tell us how you gathered this information. For example the information about prior accidents and sanctions?" Sergeant Weissich "Those were taken from the Police Department files that accompanied, what it is in two, three-ring binders that have copies of the pertinent report and investigative information regarding these accidents and incidents." Attorney Cline: "Were there any accidents that you found during the tenure of Chief Crawford where a suspension had been imposed as a penalty?" Sergeant Weissich "Officer Church is the only one that I am aware of." Attorney Cline: "In evaluating the case did you try to determine if suspensions had been imposed under prior Chiefs?" • Sergeant Weissich "Yes." Attorney Cline: "How did you go to determine that?" Sergeant Weissich "I went to what I considered to be some of the Old Timers. Officers who had been in the Department for ten or more years. Some fifteen plus years, if I understand their tenure correctly. All of those that I spoke to, none could remember at anytime any officer being suspended from duty for either a first accident or for that matter for a second accident or for that matter for any accident at any time." Attorney Cline: "Has Officer Church had prior preventable accidents?" Sergeant Weissich "Not that I'm aware of. There is no notation in the files that I was shown that indicates that there was any prior accident." Attorney Cline: "On Exhibit #2 they indicate that there have been other officers, however, who have had prior accidents." Sergeant Weissich "Yes." Attorney Cline: "Can you tell us about that?" 0 9 Civil Service Appeal - Officer Tracey Church June 16, 1994 Attorney Cline: "What can you tell us happened?' Sergeant Weissich "As I understand it Officer McVicar had been travelling South on Washington or West Valley Highway an area of Bill Hazlett Chevrolet. He had stopped on the North side of the intersection for the red light that was facing him. He saw a vehicle making a left turn from James onto Washington to travel southbound. He indicated that that vehicle was travelling in a reckless manner. He indicated that he turned on his overhead emergency lights and entered the intersection against the red light, not seeing a vehicle that had a green light coming into the intersection on his right . There was a collision between Officer McVicar's vehicle and the vehicle that was travelling Eastbound on James Street." Attorney Cline: "So, like the incident involving Officer Church, there was a collision in the intersection where he had gone through a red and another car was going through, they had a green light.?' Sergeant Weissich "Yes, that is my understanding." Attorney Cline: "And for that incident what penalty did he receive?' Sergeant Weissich "According to the records that I reviewed, he had an Oral Interview with the Division Commander along with a verbal warning that a future incident or accident of this type could result in more severe discipline. He also had to either ride with or have the Emergency Vehicle Operations Instructor ride with him for one shift." • Attorney Cline: "Can you tell us about that training? Not that particular training with the Officer but what training is available within the Department ." Sergeant Weissich " Essentially we do receive training regarding the operation of Emergency Vehicles which include turning on emergency equipment. Which includes overhead flashing lights, use of audible signals, the manner in which we approach, enter and go through intersections, stopping vehicles in a safe manner." Attorney Cline: "Who provides that training?' Sergeant Weissich 'The Department does." Attorney Cline: "In this case he was directed to take up some supplemental training?' Sergeant Weissich "Yes." Attorney Cline: "And that is available within the Department for continuing officers." Sergeant Weissich "Yes, it is." Attorney Cline: "Was there anything else remarkable in the file regarding this third accident of Officer McVicar?" • 11 Civil Service Appeal - Officer Tracey Church June 16, 1994 Sergeant Weissich "Yes it is." Attorney Cline: "Can you tell us why?" Sergeant Weissich "Because of the potential for an accident, particularly if you are going to enter an intersection against a red light. Because you have other vehicles that theoretically or at least potentially have the right of way by means of they are facing a green light which with the only modification in the event that an emergency vehicle has its equipment activated. Then vehicles, even with the green light are, according to law, supposed to yield the right of way to the Emergency Vehicle." Attorney Cline: "Is there technology available which minimizes that risk that is created by going through these intersections? " Sergeant Weissich "Yes there is." Attorney Cline: " Can you tell us about that?" Sergeant Weissich "It is what I understand to be called an OPTICUM which is essentially a strobe light. There are sensors throughout the city that register the specific frequency of this strobe light when that that is registered in the light if it is operating correctly cycles the light facing that strobe to turn green. It stops other traffic and only allows a green light for the direction of travel of that Emergency Vehicle." • Attorney Cline: "Is this technology available for the City of Kent now?" Sergeant Weissich "It is being used in the City of Kent now by the Fire Department." Attorney Cline: "Do all fire vehicles carry this device?" Sergeant Weissich "Maybe some of the Command vehicles do not have it. I'm not sure. I know that all their firefighting apparatus have it including their support vehicles." Attorney Cline: "Why don't the Police cars have this?" Sergeant Weissich "I can only speculate from what I've been told. That there is resistance to this from the Police Department." Attorney Cline: "Are you aware of the position of the City's Risk Manager on this device?' Sergeant Weissich "My understanding is that he would like the Police Department to be using OPTICOM." Attorney Cline: "In the course of representing the Officer on this matter did you go and have a meeting with Chief Crawford over this discipline being imposed?" Sergeant Weissich "Yes." 0 13 Civil Service Appeal - Officer Tracey Church June 16, 1994 Attorney Cline: "I do not have any further questions." Chief Crawford: "I have one question Mr. Chairman. Sergeant Weissich, would you classify the accident that Officer Church was involved in as the same type of accident as Officer McVicar was involved in relationship to the intersection accidents?" Sergeant Weissich "There were similarities but there was a definite difference." Chief Crawford: "Mr. Chairman I believe the Department is supposed to present their case now and I would just ask a question for clarification? It says here presentation of witnesses of Appellant and then it says... " CIA Lubovich: "I think there is another witness." Chief Crawford: "Oh, I'm sorry." Attorney Cline: "Call Officer Church as our next witness." Chief Examiner: "Officer Church do you swear or affirm that the testimony you are about to give is the truth to the best of your ability?" Officer Church: "Yes I do." • Attorney Cline: "Officer Church can you tell us your full name?" Officer Church: "Tracey S. Church." Attorney Cline: "What is your occupation?" Officer Church: "Police Officer for the City of Kent." Attorney Cline: "How long have you been a Police Officer with the City of Kent?" Officer Church: "Four years in the beginning of July." Attorney Cline: "Can you tell us about the accident that is at issue here." Officer Church: "Basically what Sergeant said was a good description. The three of us were sitting together at a Park and Ride. We were talking. The Jail alarm came out and Sergeant Gustafson did what they normally do which is ask them to put a line in which means would you put a line in and see if there is a problem. Trying to determine if it was a false alarm or not. Dispatch responded back, 'we've already done that and they said would you please respond ASAP'. So we left. I followed Brian Harvey and I went Eastbound and then Southbound on Fourth Avenue. Sergeant Gustafson went a different direction which is how he ended up going Eastbound on Gowe Street. Officer Harvey had his overhead lights activated without his siren and as I recall, hit the intersection or was just leaving the intersection as the light turned red. I was approximately two to three seconds behind him. I had my overheads on as well. 0 15 Civil Service Appeal - Officer Tracey Church June 16, 1994 Attorney Cline: "They also concluded that you should receive a reprimand for that?" Officer Church: "Yes." Attorney Cline: "Do you object to their findings that you were at fault and you were responsible for this action? " Officer Church: "No, not at all?" Attorney Cline: "Can you explain why it is you are appealing the suspension imposed by the Chief?" Officer Church: "Yes, I don't mean to infer by appealing that I think that I was not at fault. I was definitely at fault. I Should not have gone through the light. What I felt was unreasonable was that having looked at the history of what has occurred within this department since I've been here, is that no one have ever got a day off before. What has been the gist of the reprimands is written or verbal reprimands. I did not understand nor do I think it has ever been explained to me why I had been, in effect, singled out to get a day off with suspension when that has never occurred in the past." Attorney Cline: "You've been in the department for four years?" Officer Church: "Yes." • Attorney Cline: "Have you been disciplined at all during that time." Officer Church: "No, never." Attorney Cline: "You've never received even a written reprimand?" Officer Church: "No." Attorney Cline: "Do you recall having discussions with the Chief leading up to the discipline being imposed?" Officer Church: "Yes." Attorney Cline: "Did you have a meeting or did you have contact with the Chief prior to the Loudermill Hearing?" Officer Church: "Yes I did." Attorney Cline: "When did that occur?" Officer Church: "It was on February 4th and it was just before my shift." . Attorney Cline: "How close in time was that before the Loudermill Hearing?" • 17 Civil Service Appeal - Officer Tracey Church June 16, 1994 C/A Lubovich: "This is an informal process and it can be presented however you want it presented. If you think that the process has been adequately presented. Don't feel that you need to do that. Then you don't have to call anybody. If you want to make your case you can testify on your own behalf and state what you know." Chief Crawford: "Then my next question would be: following somewhat the Rules of the order. If in the Closing Statement, if it hasn't been mentioned prior, whether it be in the testimony. If it hasn't been mentioned. Is it excluded?" C/A Lubovich: "I would think that that is up to the Commission. Basically we are not following the formal rule. This is a fact finding type of a Hearing as I read it and thats how we present it in this outline is that it is basically informal and we are not going to follow those formal rules. Paperwork can be objected to and thats up to the Commission to rule on it but we are following informal rules." Chief Crawford: "Then I will reserve my statement." C/A Lubovich: "Unless the Commission disagrees to that or has any objections to that?" (There was no response from the Commission). It looks like we are at the point of wrapping up the final statements. Mr. Cline, the only questions I have is that there hasn't been anything presented by the Department. I don't know which order would be more appropriate. Its up to the Commission how they want to hear from here on." • Commissioner Banister: "My question Mr. Cline is regarding the accident reports. It was stated that there were two more accidents in 1994 that weren't on this list. Were they after Officer Church's accident? " Attorney Cline: "My understanding is that apparently there are accidents that have occurred but that the Board hasn't met yet to make a finding." Sergeant Weissich: "The process has been completed. It is my understanding they have not yet gone to the Chief for his review and final sanction and position." Commissioner Banister: "That would have been my next question. What action has been taken on these accidents?" Sergeant Weissich: "As far as I know at this point, nothing. There has been no final determination on either one." Chair Pattison: "I don't have any questions. Move to Closing Arguments'and is there a preference to who goes first. (There was no response). Mr. Cline would you like to go first? Attorney Cline: "Sure. Again, I guess, to restate what we attempted to clarify was the employee involved does not have the burden of proof. The employer has the burden to prove that they in fact had just cause for the discipline. We haven't heard from the employer as to any evidence to justify their decision. All the evidence came in through the employee. We have described the nature of the accident. We've described prior offenses have occurred within the department and 0 19 Civil Service Appeal - Officer Tracey Church June 16, 1994 Chief Crawford: "Yes it is. For the Record I'm Ed Crawford and I'm the Police, Chief. If I may start I would just like to clarify a couple of the issues that have been discussed through this hearing. First of all the history of accidents within the Police Department. When I arrived in 1991 the discipline policy was somewhat in disarray. We had a program called IAC. It was causing a lot of confusion and a lot of confusion and a lot of difficulties with a lot of employees. Part of that, in that process we asked what happens with accidents where we are involved? We write tickets to the member and then that goes to Law and they make a decision whether a ticket should be issued. I stated from thirty years in this business, that that inherently is a poorly mandated system. First of all Law while they are very good Attorneys, don't really have the experience of accident investigators and trying to determine cause etc. What we owe to the public is a responsibility to ensure that our people, myself included, drive in a safe and sane manner anis that we have appropriate training and we follow appropriate rules and all those other things. So we said that could be an arbitrary system and it could be very harmful to our department.' 1 have seen other departments that have Vehicle Safety Review Boards that really take an accident. Dissect it and figure out: What did we do right? What did we do wrong? How can we improve ourselves? How can we maintain the public trust? That why we have to be different than say the Public Works Department or Parks Department that drive vehicles. One reason is because we have all • attended Preventative Driving Classes while we go through the Training Academy. We routinely have Emergency Driving Classes and Pursuit Classes during our own In Service Training and we are reminded continually on Safe Driving Habits and tips while we are new Officers learning under Field Training Officers. Our position is that the Public wants us and demands us to be accountable for our actions and that why we have this Vehicle Safety Review Board. Therefore there might not have been suspensions prior. But I don't know. We're going to do it the right way and tryto ensure that we have the Publics interest and our own Officers interest in mind. As we precede into the 1990's. We heard testimony about people who had multiple accidents. Well, that bad and then sometimes its not bad. A person backing into the building is something that we should be accountable for but is it something that you should give time off for? If someone backed into the building and then the next month theyweren't looking and they went around a corner and rammed someone or rearended someone who had put their brakes on, is that worth a day off? I don't know. But that a decision that I have to make. That's not the same as this accident. I think that where we have to be very clear. We talked about the accident in the intersection where the Police Officer went through the Intersection. Not the same accident either. Not at all. We had an Officer stop at the intersection and saw a violator. Conceivably, which wasn't mentioned, there could have been sun in the eyes of the Officer. Bottom line is that the Officer had a responsibility. More of a responsibility than the citizen and he put his lights on and tried to go through the intersection and collided with another car. The Officer was wrong: Is that a day off? Well, could be, maybe it isn't. What we have tried to do in our Agency and I think that Mr. Cline and Sergeant Weissich pointed it out • 21 Civil Service Appeal - Officer Tracey Church June 16, 1994 Chief Crawford: "I think that that is absolutely wrong and its inaccurate and I feel that that is really an unfair statement. Yes, absolutely a person can be looked at as an example by others with a penalty within the Department. You betcha. Discipline and organizational structure does have other people look at, as examples, I have to be careful, I don't do that. That why in the Police business discipline is such a sacred and important issue not only with management but with the officers themselves. I just think that that is an unfair statement." Attorney Cline: "There are some questions that I'd like to ask. Apparently he has been sworn in as a witness." Chief Crawford: "Yes Sir." Attorney Cline: "Did you indicate something to Sergeant Weissich and Officer Church to the effect that you were drawing the line?" Chief Crawford: "I could have said that, you betcha. Can I clarify? Attorney Cline: "Sure, go ahead." Chief Crawford: "Drawing the line means that 'I've got to do something here. I mean I cannot in good conscience give a written reprimand for this accident. Can't in good conscience." Attorney Cline: "You were drawing the line?" • Chief Crawford: "Yes sir." Attorney Cline: "Can you tell us what the purpose is of your Review Board that you've set up? Chief Crawford: "The purpose is to make an analysis of our own training policies. What we should train others for. What we've done right and what we've done wrong and then ultimately to make a determination of preventable or non -preventable. Its a two phased area. Once you make a finding of non -preventable, that would be lets say another car ran into you. The case is closed, I will still review it. After the Board made a preventable. Then there are sanctions conceivably which would run the gauntlet from a verbal warning to up to thirty days off and they make a recommendation." Attorney Cline: "The makeup of that Board is more or less just between accidents? Do you have a standing committee?" Chief Crawford: "Yes, we try to. However, we have had two different boards during the birth of this." Attorney Cline: "There has been some overlap on the memberships of those boards?" Chief Crawford: "Yes sir." 23 Civil Service Appeal - Officer Tracey Church June 16, 1994 Attorney Cline: "Isn't it the case that the Risk Manager for the City' has recommended that the Police cars carry the OPTICOMT' Chief Crawford: "He has not written a formal recommendation to me. I don't know." Attorney Cline: "Has he verbally advised you that that is his position?" Chief Crawford: "No sir." Attorney Cline: "Are you aware that that is his position?" Chief Crawford: "No I am not, other than what I heard this morning." Attorney Cline: "I have no more questions." Chair Pattison: "Any final comments?" Commissioner Banister: "It may be in here, I may be losing it somewhere but what was the penalty given to Officer R.E. Miller on his accident on 01-11-94?" Sergeant Weissich: "It was a verbal warning." • Commissioner Banister: "It was a verbal." Chief Crawford: "Mr. Chairman, can I ask a question sir? I don't know what accident that was." If I recall, it could have been coming in the gate and sideswiping the gate stanchion." Commissioner Banister: "My reason for asking the question was its current , more current to this transaction than the things that happened in 1991 and 1992." Chair Pattison: "Chief do you have any final statements?" Chief Crawford: "I would just ask that the Civil Service Commission look at one thing. That is that I certainly believe in progressive discipline, I think we all do. Its very important . This is another case of progressive discipline. If you take Traffic Laws you'll go into verbals and writtens and arrests tickets and then different types of arrests whether it be speeding, negligent driving or reckless driving and I'll guarantee you, you don't give a person a verbal warning for something that should have been a negligent driving violation. Its the same thing with employees. We do, and we have probably in organizations, fired employees without any preparatory discipline because of the event and I think that that has to be taken into consideration. Thank you." C/A Lubovich: "I move that a motion be in order to close the hearing." 25 BEFORE THE CIVIL SERVICE COMMISSION OF THE CITY'OF KENT IN RE: APPEAL OF OFFICER TRACEY CHURCH NO. 94-1 FINDINGS OF FACTS, CONCLUSIONS OF LAW AND RULING OF THE CIVIL SERVICE COMMISSION I. DECISION APPEALED The one day suspension imposed by the Police Department as a result of a vehicle accident, Case Number 93-8530. II. INTRODUCTION This matter was heard by the City of Kent Civil Service Commission on June 16, 1994, appealing the discipline imposed upon Officer Tracey Church in regards to vehicle accident, Case Number 93-8530. III. FINDINGS OF FACT AND CONCLUSIONS OF LAW • 1. The parties stipulated to the hearing procedure set forth in writing prior to the meeting and to the jurisdiction of the Commission and the Commissioners. 2. The accident was deemed as preventable by the Vehicle Safety Review Board. 3. On March 4, 1994 Officer Church and her union representative Sergeant Weissich responded to the Departments proposed disciplinary action at which time they stated their case. Chief Crawford again reviewed the information regarding the accident. Chief Crawford imposed a one day suspension without pay. 4. In a memo dated April 3, 1994 Officer Church requested a hearing before the Civil Service Commission in accordance with Civil Service Rule Number XV, Section 4. The hearing was held June 16, 1994. 5. The facts surrounding the accident are not in dispute nor are the findings of the Vehicle Safety Review Board. 6. At the hearing, attorney for the appellant set forth the basis for the appeal: "It's simply that the penalty appears to be disproportionate. It does not appear to be consistent with the Civil Service Rule that discipline be for just cause." 0 NUMBER NAME DATE VERDICT 93-8530 CHURCH 10-28-93 PREVENTABLE 93-7903 PRICE/HARVEY 10-5-93 NON -PREVENTABLE 93-6703 HIMPLE 8-24-93 NON -PREVENTABLE 93-6562 BURKE 8-19-93 PREVENTABLE 93-4061 GRIFFIN 5-25-93 PREVENTABLE 93-0560 PATTERSON 1-22-93 PREVENTABLE 92-8216 GUSTAFSON 9-29-92 PREVENTABLE 92-8202 WILLIAMS, T. 9-29-92 NON -PREVENTABLE 92-7623 HUNT 9-9-92 NON -PREVENTABLE 92-7528 LOWREY 9-5-92 NON -PREVENTABLE 92-7271 ELLIS/EADES 8-28-92 PREVENTABLE 92-7095 HANSEN, H. 8-21-92 PREVENTABLE 92-6849 KELLAMS, R.D. 8-13-92 PREVENTABLE 92-6787 QUACKENBUSH 7-16-92 PREVENTABLE 92-6690 WALKER 8-5-92 PREVENTABLE 92-6459 MC VICAR 7-31-92 PREVENTABLE 92-3626 MILLER, S.A. 4-25-92 NON -PREVENTABLE 92-2999 BRITTON 4-4-92 PREVENTABLE 92-2827 MC VICAR 3-27-92 PREVENTABLE 92-2547 ELLIS 3-20-92 NON -PREVENTABLE 92-0924 HARVEY 1-30-29 PREVENTABLE 91-10809 LOWREY 12-13-91 PREVENTABLE 91-10234 HOLT, S. 11-25-91 NON- PREVENTABLE? 91-9677 SMITH, M. 11-8-91 PREVENTABLE 91-9344 MC VICAR 10-28-91 PRE-VSRB ACCID. • NUMBER NAME DATE VERDICT ' 94-00302 R.E. 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