93 _Renton Police Department Public Records

ocuments

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS

WITNESS OFFICER ADMONITION

tr Today' s date .is 03/.J:..Gill at { '\": { L hours. I am

C0-0211 Complaint Number

Commander Leibman interviewing Officer-regarding a complaint of violation of26.1.1, Code of Conduct which is alleged~ on November 25th 2010.

do you understand that this conversation is being tape recorded? (Yes or

Officer- you are here as a witness in the above listed complaint, a matter which concern~ficer. A complaint has not been filed against you, and you are not under investigation in this matter. Officer- I wish to advise you that you are being questioned as part of an official investigation of the Renton Police Department. You are reminded that Section 26.1 "Insubordination" and "Truthfulness" of the Renton Police Department General Orders do apply in this matter and that you must truthfully respond. Any refusal to respond may result in disciplinary action as outlined in General Orders Section 26.1.

Assigned Investigator


OFFICER NOTIFICATION


Offic~ per Article 15, Section B of the Commissioned I Non-Commissioned . Contract, I am notifying you that a formal investigation is being conducted in which you are considered a:

Subject XX Witness

The allegations of the investigation include the following violations of the General Orders of the Renton Police Department:

Code of Conduct, 26.1.1

If you are considered a suspect in this investigation, you have the right to Guild representation at the time of the interview.

I have scheduled the interview for 03/15/11 at 13:00 hours.

If you have any questions, let me know.


arch 17th, 2011

STATEMENT OF SERGEANUIIIIIIIIIIIII

COMPLAINT NUMBER: C0-02-11 INTERVIEWER: Commander David Leibman LOCATION: Renton Police Department

DATE: March 17, 2011 1244

LEIBMAN:

LEIBMAN:

-LEIBMAN:

-LEIBMAN:

-LEIBMAN:

I am comman_der Leibman interviewing Sergeant rding a complaint of Violation of 26.1.1 Code of Conduct, which is a leged to have occurred on November 25th, 2010. Sergeant-do you understand that this conversation is being tape-recorded?

Yes, sir.

.

Sergeant-you are here as a witness in the above-listed complaint. A matter which concerns another officer. A complaint has not been filed ~ou and you are not under investigation in this matter. Sergeant -1 wish to advise you that you are being questioned as part of an

official investigation of the Renton Police Department. You are reminded that section 26.11nsubordination and Truthfulness of the Renton Police Department General Orders do apply in this matter and that you must truthfully respond. Any refusal to respond may result in disciplinary action as outlined in General Orders section 26.1. So I just need you to sign, just a sec here, there.

Signing the document.

Okay Dave, on Wednesday, March 9 , Commande told me he had a th brief conversation with you where you had mentione a conversation you'd had the day before with Sergeant- Commander-was concerned enough by the comment, a comment that Sergeant.,ade during that conversation that he brought it to my attention. Do you know the, the discussion that I'm talking about?

I believe so.

Okay, and uh just fo'r the record, did I speak to you early, earlier today about this incident?

Yes, you did.

Okay, um, so, just to go backto the, the actual incident that we're talking about, and I have it down as uh last Wednesday, March gth that Commander

(SS/H:PDADMIN:SHERRY:Complaints/C0 ~ 1

-LEIBMAN:

LEIBMAN:

-

LEIBMAN:

-

LEIBMAN:

STATEMENT OF SERGEANT

-told me about it. And so that would have been um at least in my estimation, the day before Tuesday. Does that sound about right?

Possibly, I mean I don't have the exact date in front of me that you're asking me about, but if you say it occurred then, it probably occurred then.

Okay, but approximately a week ago, or so?

Certainly.

Okay. Um, so what led up to the conversation you had with uh Sgt.. that day?

I had come down to uh the first floor to uh check out the urn off duty board which is a job that I'm assigned to. Um, while on the first floor, I happened to see uh Sgt.-in his office and I just came in his office and routine chit chat with him. Asked about training issues. Um, things of that nature. It was a very brief conversation. Um, we spoke for probably less than three to four minutes.

And uh, so during that conversation to the best of your memory, what exactly did Sgt . say to you?

You know, we, we had just talked about some training issues and you know I don't know the exact nature of how it came up but it was something to the nature of having time off or getting people time off or something to that affect. And, he mentioned to me, he said, you know, you need to be careful when you give people time off. And I said, oh of course, okay. Um, didn't know exactly what he was talking about and then he started to stand up and he said I need to go see Commander Leibman. And I said, Oh, Okay. And uh, it was that fast and I kind of got the inference that he had things to go do and our conversation was over and it was my time to leave so as I started to walk out the doorllust kind of mentioned to me uh something to the affect of I need to find a rat, something like that. Um, and I said, what? And he said, kind of never mind, uh I gotta go see Leibman. And that was the end of our conversation.

Okay. Did, how did you take that comment?

I had no idea. I mean, no idea.

(SS/H:PDADMIN:SHERRY:Complaints/C0-02-1 2

LEIBMAN:

LEIBMAN:

-

LEIBMAN:

-LEIBMAN:

Okay. Uh so what, what caused you to uh eventually think enough about that comment that you ended up uh bringing it up with Commander.?

After that, my conversation, it was, you know and I don't know if it was later in the day or if it was the next day. I had, had a conversation with Commander. And Commander-and I were talking and he mentioned to me that there was an investigation going on regarding Sgt . and I said, Oh! And he said, yeah it has some, something to do with time loss, and time that he was giving his employee, possibly in regards to a uh football game. And I said, and that, you know, there was an internal investigation going on and I went, Oh. I said, well maybe that' why he made that comment like he did. I said, was there, was there a complaint on it? And .said yeah. Someon~ complained about that, and I said, Oh, and I mentioned that, I gotta find a rat type statement to Commander .. and he kind a goes, Oh, Okay. That, that was the end, basically the end ~ conversation that we had.

Okay, uh, I didn't have any other questions. Is there anything else you wanted to add?

Yeah, there is. He, he, Commander-did say, he said, You know, he said uh, Commander Leibman is conduct~he investigation. He said um, you may not know what reference that comment has, has, um, but I think due to whatllhad said, Commander Leibman needs to have, know that information and I need to tell Commander-that. Do you have any problems with uh excuse me, I need to talk to Commander Leibman about that- do you have any issue with me telling Commander Leibman pbout what you just told me and I said, No, no, I don't. And then you contacted me later regarding what I told Commander.

Okay, any, anything else?

Not unless you have anymore questions.

I don't, so in that case, that concludes this interview of Sgt. um uh 3/17/11 at 1250 hours.

on

(55/H:PDADMIN:5HERRY:Complaints/ ~ 3


WITNESS SERGEANT ADMONITION

Today's date is 03/17/11 at --1--/[_:-'---~+-Y _hours. I am C0-0211

Complaint Number

Commander Leibman interviewing Sergeant regarding a complaint of violation of 26 .1.1, Code of Conduct which is alleged to have on November 25th 201 0. Sergeant- do you understand that this conversation is being tape recorded? fi!;J or No) Sergeant- you are here as a witness in the above listed complaint, a matter ~h concerns another Sergeant. A complaint has not been filed against you, and you are not under investigation in this matter. Sergeant- I wish to advise you that you are being questidned as part of an official investigation of the Renton Police Department. You are reminded that Section 26.1 "Insubordination" and "Truthfulness" of the Renton Police Department General Orders do apply in this matter and that you must truthfully respond. Any refusal to respond may result in disciplinary as outlined in General Orders Section 26.1.



OFFICER NOTIFICATION


Sergeant-, per Article 15, Section B of the Commissioned I Non-Commissioned Contract, I am notizymg you that a formal investigation is being conducted in which you are considered a:

Subject XX Witness

The allegations of the investigation include the following violations of the General Orders of the Renton Police Department:

Code of Conduct, 26.1.1

If you are considered a suspect in this investigation, you have the right to Guild representation at the time of the interview.

I have scheduled the interview for 03/15/11 at 13:00 hours.


02/19/11 13:51:16 PRINT REQUESTED BY TERMINAL RPT1 Unit History For Unit: 6R1 From: 11/~0 00:00:00 To: 11/25/10 23:59:59 03:55:10 (RP8940) LOGON #RP-.,. (SPANISH) -VCDU

04:04:24 f ?4:40 05:54:50

(VC7 4 0 6) OUTONS (RP5252) *RELOG

CLEAR 06:07:44 (VC7406) OUTONS 06:12:14 (RP5252) CLEAR a6:17:16 06:17:41 06:38:16 06:44:54 06:45:12 06:50:19 07:01:49

(VC7406) (RP5252) (VC74Q6.) (RP5252)

*REMINQ *REMINQ *REMINQ

ASST *ENROUT

ONSCNE CLRINC

07:15:12 *OUTONS 07:16:21 (VC1443) MISC 08:07:02 (RP5252) CLEAR 08:12:07 (VC7406) OUTONS 08:12:39 MISC 09:36:38 (RP5252) CLEAR 09:59:12 09:59:19 10:00:28

10:02:34 10:02:40 10:03:34 10:03:40 10:05:11

09:46 ( l4: 36 10:15:24 10:15:28 10:17:37 11:42:21 11:42:26 11:42:56 12:12:12 12:13:18 12:41:14 12:41:14 12:41:36 12:47:08 12:58:07

(VC8031) (RP5252)

*REMINQ *REMINQ *MISC

*REMINQ *REM;I:NQ *REMINQ *REMINQ *REMINQ

OUTONS CLEAR

*REMINQ *REMINQ *OUTONS *REMINQ

CLEAR *REMINQ *REMil\IQ *OUTONS

(VC1747) $PREMPT DISP

(RP5252) *ENROUT (VC1747) ONSCNE (RP5252) *REMINQ

'~ . P/737782 T/STN [BRIEFING] #RP5252 - (SPANISH) -VCDU ,V/137 P/737782

T/PORT

893TRI. o o 319WYPo o o 828VEL o o o

[300 S GRADY]

#RP10069407 T/DOA [9226 S 200 ST , REN] #RP10069407 #RP10069407

#RP10069426 #RP10069426 #RP10069426 #RP10069426

T/STN f 253o312o8580

T/PORT [400 LOGAN AV N] ,253-312-8580

554YJX o o MCFARoDoAo08191952.o o , REMINQ: ACC/DFPopkt port 1 xmtall id C msg 61 cur 2 of 1 high 0 , ACC/DK.pkt por t 1 xmtall id C msg 61 cur 2 of 1 high 0 823VKGo o o BOCHKoEoAo03211961o. o 373XUQo o o MERRioGoEo01301936oo o 364VOC o o o T/PORT . [BOO S GRADY]

333URT. o o CLEME.GoCo02081953. o. T/STN 499ZIF ...

TOLLI.D.A.06091975 ... 631UNH ... T/STN

T/DOMV [11909 SE 175 ST #A301 ,REN]

, AREA 248VER .. o

02/19/11 11:38:37 PRINT REQUESTED BY TERMINAL RPT1 Unit History For Unit: 1R15 From: 11/25/10 00:00:00 To: 11/25/10 05:30:40 (R10377) *LOGON #R _ _

07:42:02 *OUTONS (VC7406) $PREMPT

OUTONS CLEAR

,V~ . P/737776 T/STN

T/PORT [400 LOGAN AV S]

23:59:59

r 21:16 ( ~1:16 10:15:00 10:41:11 10:42:15 10:52:26

(R103 77) (VC7406) (R10377) (VC7406)

ASST #RP10069415 T/ALMCOM [1636 PIERCE AV SE ,REN] *ENROUT #RP10069415

CLRINC 11: 02:13 ASST #RP10069419 T/PARKG [17440 103 AV SE , REN] 11:05:36 (R10377) *MISC #RP10069419 , P~IVATE PROPERTY. MANAGEMENT ISSUE. 11:06:53 CLRINC D/T 11:14:26 (VC7406) ASST #RP10069422 T/FITE [200 S 3 ST ,REN] 11:15:13 CLRINC 11:34:13 (R10377) *REMINQ 11:34:20 *REMINQ 11:35:29 *MISC

12:02:46 *OUTONS 13:05:24 CLEAR

592ZQW ... ESCAM.C.R.11191974 ... , REMINQ: ACC/DFP.pkt port 1 xmtall id C msg 49 cur 2 of 1 high 0 , ACC/DK.pkt par t 1 xmtall id C msg 49 cur 2 of 1 high 0 T/STN [LUNCH]

13:10:47 (VC7483) ASSTER #RP10069426 T/DOMP 13:18:41 (R10377) *ONSCNE #RP10069426

[ 119 0 9 SE. 17 5 ST #A3 0 1 , REN]

13:24:25 CLRINC 14:14:55 14:30:50

*OUTONS CLEAR

T/STN

15:23:00 (VC1747) DISP #RP10069440 T/BURGC2 [603 SW 12 ST ,REN] 15:23:17 (R10377) *ENROUT #RP10069440 15:27:38 (VC0496) MISC #RP10069440 ,RP ADVISED WIRING THAT HAS BEEN TAKEN IN

THE PAST. RP ALSO HAS CELL NUMBER FOR SU B AND LEFT A MSG.

15:40: 12 55:37 20: 14

l7:17:53

(R10377) *ONSCNE #RP10069440 CLRINC D/G

(VC1747) DISMDT LOGOFF

02/19/11 11:37:25 PRINT REQUESTED BY TERMINAL RPT1 Unit History For Unit: 1R12 From: 05:27:12 (R10246) *LOGON

07:42:23 (\ 0 21:16 ( H:16

1v:25:27 11:01:41 11:01:51 11:02:04 11:02:04 11:02:17 l1:02:31 11:12:09 13:13:47 13:16:51 13:32:25 13:32:36 13:32:45 13:32:50

13:32:51 13:32:56

14:58:48 15:09:24 15:09:32 15:14:42 15:21:55 15:23:19

15:23:38 15:27:03 1

.-27:13 ( .27:17 1.

16:40:01 (VC1747) DISMDT 16:40:03 LOGOFF

and

"--

' \, I' '' '

NOVEMBER 2010

SHIFT 1A SOUTH 0430-1630

S Barfield

K Matsukawa

S Duez

( C Tolliver

-

= off duty Camp, Family, Holiday, Military, Personal Time, Sick, Guild, Honor Guard, Training, training trade

DECEMBER 2010

SHIFT 1A SOUTH 0430-1630

S Barfield

KMatsukawa

SDuez

c.; To/Uver

= off duty Comp, Family, Holiday, Military, Personal Time, Sick, Guild, Honor Guard, Training, training trade

Rentonnet Intranet TimeSheet Page 1 of 1

Pay Period: 11/16/10 -11/30/10

Timesheet Status: CLOSED 0

Description Tue Wed Thu Fri Sat Sun Mon Tue Wed 11/16 11/17 11/18 11/19 11/20 11/21 11/22 11/23 11/24 Regular 12.00 12.00 12.00 12.00

Overtime Pay 9.50

Police Private 10.50 Police Holiday Work Exchange - Hour Totals 10.50 12.00 12.00 12.00 9.50 12.00

Description Thu Fri Sat Sun Mon Tue Pay Period 11/25 11/26 11/27 11/28 11/29 11/30 Totals Regular 12.00 12.00 12.00 84.00

Overtime Pay 10.75 20.25

Police Private 10.50

Police Holiday 12.00 12.00

Work Exchange - 12.00 12.00

Hour Totals 24.00 12.00 12.00 10.75 12.00 138.75

https :/ /rentonnet.org/intranet/ITS/index. cfm ?fuseaction=submit&D0=-146&PO=O&EmpGroup=O... 4/11/20 11

Rentonnet Intranet TimeSheet Page 1 of 1

Pay Period: 11/16/10 - 11/30/10

Timesheet Status: CLOSED 0

Description Tue Wed Thu Fri Sat Sun Mon Tue Wed 11/16 11/17 11/18 11/19 11/20 11/21 11/22 11/23 11/24 Regular 12.00 . 12.00 12.00 12.00 Pollee Holiday Hour Totals 12.00 12.00 12.00 12.00

Description Thu Fri Sat sun Mon Tue Pay Period 11/25 11/26 11/27 11/28 11/29 11/30 Totals Regular 12.00 12.00 12.00 84.00

Police Holiday 12.00 12.00

. Hour Totals 24.00 12.00 12.00 96.00

httos :/ /rentonnet.org/intranet!ITS/index.cfm ?fuseaction=submit&D0=-146&PO=O&EmpGroup=O... 4/11/2011

And

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~-

Reason for Overtime

Renton Police Department Overtime Pay Request

From ruvernme

supervisor's Name:

Employee entered ITS Supervisor entered ITS

Y;2V t

To (Overtime Hours) Total Overtime Hours ~.o:SD

(Check appropriate overtime request) [ ] Regular Overtime (0) [ ] Straight Time, Patrol Trng (PT2) [\ ) Double Time (D) [ J Straight Time, Other (STO) [ fJ Holiday Pay [ ] Straight Time, Half-time (STO)

....__, w v--: ~ v~ ... =-=1 1 Th~jg_P(ing or Christmas [ J HITO- Emphasis Patrols -NonComm)

The undersigned hereby certifies that the foregoing is true and

Date /Jl!:l!M fi bsbv; o.

I I

I hereby certify that lam the above employee's inform~tion ~ntAffied in this request is true and correct if- K-;o1

Date f ;l;,t/; {) Date rrt-- -~r'

RPD012 08/27/09

T/-hrr.>!L(;. 8 t VI Case Number (if applicable)

Renton Police Department

Overtime Pay Request

From

The undersigned hereby certifies that the fore2:oin2:

I hereby certifY that I am the above

RPDO 12 08/27/09

Supervisor's Name;. _ '-'-""---------

Employee entered ITS __ -=-----

lb:?o To (Overtime Hours)

11/J 5:0 Total Otv~me Hours

[ ] Straight Time, Patrol Tmg (PT2) [ ] Straight Time, Other (STO) [ J Straight Time, Half-t~e (STO) [ ] HITO -Emphasis Patrols

~~Lz-~Lo Date ( ----r '

in this request is true and correct I(-). S'-A 0

Date

Date

--

-------

l1\10NTB 1

;1/o~/ 16

Administrative Leave Compensatory Time Duty Related - lllness Funeral Leave Military Leave Unpaid Leave

-yDuty

2

17

RPD023- Rev. 01/21/08

I

3

18

JI FL ML A JD

LEAVE REQUEST

k~./ 7-/f~/o Department/Division Date ofRequest

PERIOD FOR WHICH LEAVE REOUESTED 4 5 6 7 8 9 10 11 12 13 14 15

I

19 20 ! 21 122 23 24 25 26 27 28 29 30 31 I

I l I I

Sick- (Personal Paid) Sick- (Family Paid) Training Trade Day (Off) Training (On) Day -(Actml Hrs)

s SDHC TT TO

l< - ~--- --~ ----

that this is true and correct and in accordance with city policy. I understand that unauthorized use of leave time or falsification of any information contained herein is grounds for disciplinary action.

LEAVE REQUEST /o "(.._,J.e -I rg{N7__ G/7/ v

Employee Name (Last, First, Initial) Department/Division Date of Request PERIOD FOR WHICH LEAVE RE QUESTED

MONTH I 2 3 4 5 6 7

> ) ( ' 16 17 18 19 20 21 22

-~ --

-

REASON FOR LEAVE (if applicable): ~2- }-Utj fL TYPE OF LEAVE

Administrative Leave Compensatory Time Duty Related - Illness i'uneral Leave Military Leave Unpaid Leave Jury Duty

RPD023- Rev. 01/21/08

USE CODE

AL COMP JI FL ML A JD

TYPE OF LEAVE

Employee Health Appt Personal Leave Personal Leave Sick Sick- (Personal Paid) Sick -(Family Paid) Training Trade Day (Oft) Training (On) Day -{Actual Hrs)

8

23

USE CODE

EHA PL PLS s SDHC TI TO

9

24

10 11 12 13 14 15

25 26 27 28 29 30 31 1ft,

..... -

~---

I certify that this is true and correct and in accordance with city policy. I understand that unauthorized use of leave time or falsification of any information contained

APPROVED: I .JW f I fj \. I

~

-.;

.... LEA VEREOUESY. . . .::

bmz Ftelt ~co-;; c . ' I

/A 5ov T If / fJ.Ift!!. OL Employee Name (Last, First, Initial) Department/Division

PERIOD FOR WHICH LEAVE RE 'JUESTED 1 2 "' 4 5 6 7 MONTH ~

IIJi)i/tff &;f..

il 16 17 18 1'9 20 21 22

REASON FOR LEAVE (if applicable): TYPE OF LEAVE l USE I TYPE OF LEAVE

Administrative Leave Compensatory Time Duty Related - Hlness Funeral Leave Military Leave Unpaid Leave Jury Duty

RPD023- Rev_ 01/21/08

CODE

AL COMP Jl FL ML A JD

Employee Health Appt Personal Leave Personal Leave Sick Sick- (Personal Paid) Sick- (Family Paid) Training Trade Day (Oft) Training (On) Day -(Actual Hrs)

8

23

USE CODE

EHA PL PLS s SDHC TT TO

9

24 il.di . PL

10 II

25 26 iZ.-!D I'Z, (i) PL fL

Date of Request

I2 13 14 !5

27 28 29 30 31

aily Schedules \ . .,

. ". ' . . .

RENTON POLICE DEPARTMENT ,S Patrol Division, Date: Thursday, November 25, 2010 S nellA South D Sheet

OFFICERS Off Personal Comp Sick Training District Vehicle Duty Duty Leave Time Leave Furlough 6R1

6R1 13 0800 1600 12

6R1 137 0430 1630

Ofcr. S. Binfield 473 0430 1630 12

Ofcr. K. Matsukavva 1Rll 453 0430 1630

Ofcr. S. Deuz 1R13 471 0430 1630

1R12 461 0430 1630

1R15 478 0430 1630

Ofcr. C. Tolliver 1R14 460 0430 1630

Name Assignment Vehicle Time Time Destination Approved District In Out B>'

Roll Call Training (topic/brief description, time spent, & instructor)

*Discussed the crime of obstructing *Discussed Tern' Stops and Reasonable Suspicion

RPD!08 06/25/98 IF ROLL CALL TRAINING IS CONDUCTED, FORWARD A COPY OF THE DAILY ASSIGNMENT SHEET TO THE TRAINING OFFICER.

s

OFFICERS

02-01-97

Ofcr. B. 01-02-07

Ofcr. R. Ylinen 10-16-96

Ofcr. 01-02-08

Ofcr. C. Rossner 03-03-08

Ofcr. J 04-01-08

Ofcr. S 01-16-09

Ofcr. W. Blackard

~ ~

'

RENTON POLICE DEPARTMENT

Assignment

1R22 9R85

10006 1R25

6R2

9R95 1R23 9Rl02 Light

.

9R106

9R117 1R21

Patrol Division Squad lA North

Daily Assignment Sheet

Vehicle On Duty

0500

450 0530

476 0530

144 0500

472 0530

480 0530

466 0530

463 0530

Vehicle

Off Duty

1700

1730

1730

1700

1730

1730

1730

1730

Time In

Personal Leave

12

12

Time Out

0530 1730

Comp Time

Date: 11/25/10

Sick Training/ Leave Other

12

..... . ..

( RENTON POLICE DEPARTMENT Sergeant E. VanValey Patrol Division Thursday, November 25, 2010 Squad 3A South Daily Assignment Sheet

OFFICERS On Off Prsnl Comp Sick Military Training District Vehicle Duty Duty Leave Time Leave Leave

VANVALEY 7671 6R10 115 1600 0400

3R16 460 1630. 0430

3R15 479 1630 0430

3R12 480 1630 0430

7631 3R14 475 1630 0430

3R13 475 1630 0430

3R11 473 1630 0430

SDHC 464 12

Assignment Vehicle Time Time Destination Approved District In Out By

~~ ~L Y\71 J 1{.CJV ~?Dv r 1\ (\ .-1 \./\II ~ ~~, ~. 'c vv IJ1 \__../ v V

Sergeant J. Schuldt

OFFICERS District

6R20 Sgt. J. Schuldt

-9R9 Ofcr. J. Hardin

"'

3R25

Ofcr. J. Hudson 6R20 9R73

Ofcr. R. Jensen 3R21 9

Ofcr .. c. Steed K935 9R2.1

Ofcr. M. Ashbaugh 3R22 9R5

( !fer. K. Lane 3R23 9R62

Ofcr. J. Brunner 3R24 NAME Assignment District

Patrol Division

Daily Assignment Sheet

On Off Vehicle Duty Duty

478 1730 0530

116 1700 0500

450 1730 0530

477 1715 0515

463 1730 0530

468 1730 0530

474 i730 0530 Vehicle Time Time

ln. Out

Prsnl Leave Holiday

12

Destination

Thursday, November 25, 2010 Squad 3A North

Comp Sick Military Training Time Leave Leave

App~~ved

Roll Call Training (topic/brief description, time spent, & instructor):

RPD!OS 06/25/98 IF ROLL CALL TRAINING IS CONDUCTED, FORWARD A COPY OF Tiffi DAILY ASSIGNMENT SHEET TO Tiffi TRAINING OFFICER.

hotos and

Recordings

r \

Kevin Milosevich

From:

-Sent: Sunday, November 07, 2010 3:20PM To: ORG POLICE ALL Subject: Turkey Bowl II-

Turkey Bowl II will be played on Thanksgiving morning at 0800 at Lindbergh High School. I was unable to secure the stadium and the process to rent LHS was daunting so we are going to use LHS on a casual basis which means first come, first serve. We will be out there at 0700 to set up camp and secure a spot on the field. I have made a request through the RPAA to cover the shirts like last year, but there will be more information on T-shirts in the following days. I am currently waiting for the sample artwork to come back and the price quote.

What you can expect for this year's Turkey Bowl 11 Football at 0800, I would like to be done by 1000 (exact teams and rules will be set based on numbers of

pa rtici pants) 11 Coffee, cocoa, morning snacks and plenty of things to drink and eat 11 Expanded fan section withcanopies if it rains Children's soccer game if there is interest (kids 5-10) lm open to suggestions, on this or alternatives, I just

thought it would be fun for kids to do, we can split them up or have other activities. Insert your idea here! ( I would like to make it family friendly and start a Thanksgiving tradition of the RPD family

coming together for a few hours early on Thanksgiving morning.

Who is eligible to play? 11 All department members 11 Significant others of department members

What to bring? Something to drink or eat if you like (my wife Stacy and Holly will organize the food and beverages, if you have

something you would like to bring please email Holly Chair or canopy for. rain Any other tailgating equipment

I am sure I am forgetting something, if you have any questions or suggestions, feel free to email me

-SRenton Police Department 1055 S Grady Way Renton, WA 98057 425 430-7643 Note Addr-ess Change: [email protected]

1

Kevin Milosevich

Kevin Milosevich From: )ent:

To: Subject:

' November 18, 2010 9:55 AM

ey Bowl Event Info

lflthanks fot organizing this. I will not be attending since I always go to my brothers in Longview for Thanksgiving. Maybe the Guild can offer to pay any medical co pays!

From:-Sent: ~ay, November 17, 2010 16:11 To: ORG_POLICE_ALL Subject: Turkey Bowl Event Info

I know info has been slow on this event, we have been in negotiations with the Renton School District on use of the stadium. I am happy to announce that we pulled it off and will have the stadium to ourselves. Before I begin I would like to thank Keith Fekete for his efforts, without him, we would not have gotten to use the stadium. Based on conversations I have had with the district they are huge fans of the department and that is in large part to the relationships that Keith, Clay and Jeff and (all others who have come before) have with the district. Kudos to those guys!

Turkey bowl will be @ Renton Stadium at 0800 on Thanksgiving. (obviously there is a covered area if needed but we will have canopies and food for fans and family. We will also have restrooms available.

Players & Fans-For those department members who come to play or watch, the RPAA will provide a t-shirt. The catch is you must be present at the event to have your shirt fee covered (otherwise the RPAA would be paying for dozens of shirts for those who dont participate)

Shirts-For those that are not able to come or want extras for family members they are $13 each. The shirts are black and there are unisex adult and kids sizes available as well. Artwork is attached

Kids-since we have the stadium, I have secured some small soccer nets so the younger kids can play and we can set up other games for the older kids to can play as well.

Please reply to this email with your shirt size (if you haven't already done so) by the end of the day Friday November 19TH to confirm your attendance.

It is exciting to have our own venue for this and it is shaping up to be a real family event. Even if you dont want to play, come out, cheer on and laugh at your peers trying to relive the glory days!

-

1

POLICE DEPARTMENT

DATE:

TO:

FROM:

SUBJECT:

M E M 0 R A N D U M

April19, 2011

Officer

Deputy Chief Chuck Marsalisi

Copy of Internal Investigation C0-02-11 & Pre-Loudermill Opportunity

Attached is a copy of the internal investigation completed by Commander Leibman, in which you were listed as a subject of the complaint. Commander Leibman's findings and discipline recommendations are also attached at the back.

The next step in the process is for me to make my findings and discipline recommendations and forward them to Chief Milosevich. Prior to me formulating my findings, you have the opportunity to review the investigation and meet with me to share any additional information that may help me in my decision process.

This opportunity is voluntary and it is your choice to meet with me, or not. If you would like to take advantage of this opportunity, please contact me within five business days and we will arrange a meeting at your convenience.


1/f(Zoit Date

POLICE DEPARTMENT

DATE:

TO:

FROM:

SUBJECT:

M E M 0 R A N D U M

April19, 2011

Of




The next step in the proc~ss is for me to make my findings and discipline recommendations and forward them to Chief Milosevich. Prior to me formulating my findings, you have the opportunity to review the investigation and meet with me to share any additional information that may help me in my decision process.



'-(/;f;~l! I

Date Date

( POLICE DEPARTMENT

DATE:

TO:

FROM:

SUBJECT:

MEMORANDUM

April 19, 2011

Office






~II '-( /rr/z.,tr Date Date

POLICE DEPARTMENT

DATE:

TO:

FROM:

SUBJECT:

M E M 0 R A N D U M

April 19, 2011

Serge





This opportunity is voluntary and it is your choice to meet with me, or not. If you would like to take advantage of this opportunity, please contact me within five business days and we will arrange a eeting at your convenience.

Date


I-( / ( ", {Z-crl, Date

Charles Marsalisi

From: ient:

To: Subject:

Sir,

-pril19, 201115:07 Charles Marsalisi Meeting

I am requesting a meeting with you regarding internal investigation C0-02-11 & pre-Loudermill opportunity at your earliest convinience.

Thank you,

-

t I''

1

Charles Marsalisi

From: 3ent: To: Subject:

Good afternoon Dep. Chiet

ay, April19, 2011 15:39 Charles Marsalisi Meeting regarding Internal Investigation

This rotation is coming to an end in about an hour, but I was wondering if we could set up a time to meet. I'm back in here on Monday and Friday of next week. If you read this email after I leave for the day, I can be reached by cell phone at hank you for your time. Look forward to speaking with you.

-

1

From: mt:

.o: Cc: Subject:

Kevin Milosevich

Loudermilllnterviews

The interviews that were originally scheduled with Deputy Chief Marsalisi will now be conducted by Commander Curry. Commander Curry will need a short while to review the investigation and he will set up the interviews.

Thanks

1

Kent M Curry

From: 1ent: ro: Cc: Subject:

Kent M Curry

Pre-Loudermill Notification

I have had a chance to review internal investigation C0-02-11. I have prepared and placed in your second floor mail slot a Pre-Loudemill opportunity notification letter. Please take a minute to review the letter, sign and return it to me.

Thank you.

;te,l( t eW"~"! Patrol Services Commander Renton Police Department 425.430.7555

Integrity, Service, Valor, Professionalism... Renton Police Department

1

POLICE DEPARTMENT

DATE:

TO:

FROM:

SUBJECT:

M E M 0 R A N D U M

April 28, 2011

Officer

1

POLICE DEPARTMENT

DATE:

TO:

FROM:

SUBJECT:

M E M 0 R A N D U M

April 28, 2011

Serge

1

Kent M Curry

From: mt:

.o:

Commander Curry,

IJ!!!III!I30, 2011 10:31 AM Kent M Curry

I would like to schedule a time to talk to you about the internal. I will be back to work on the 5th. Please let me know what time works for you.

Thank you,

1

Kent M Curry

From: mt:

.o: ..,0, 2011 6:36AM

Kent M Curry Subject: RE: Pre-Loudermill Notification

Thank you. I signed it and placed it back in your box. I would like an opportunity to meet with you regarding this matter. I am back to work Thursday and Friday, May 5th and 6t11 and available anytime.

Thank you

-From: Kent M Curry

To: Cc: Subject: Pre-Loudermill Notification

I have had a chance to review internal investigation C0-02-11. I have prepared and placed in your second floor mail slot a Pre-Loudemill opportunity notification letter. Please take a minute to review the letter, sign and return it to me.

Thank you.

~l(t (}C

Kent M Curry

from: !nt:

Cc:

Kent M Curry ~03, 20111:17 PM

~ Subject: . FW: Pre-Loudermill Opportunity C0-02-11

The meeting will be held in Conference Room B, 2nd floor.

Kent

From: Kent M Curry Sent: 03, 201113:14

Cc: Subject: Pre-Loudermill Opportunity C0-02-11

Thank you for signing the Pre-Laudermill Notification letter. I have placed the signed copy with the internal investigation. I have scheduled you for a meeting on Thursday, May 5, 2011 @ 1100 hours. You are welcome to have representation at the meeting. If you have a conflict please let me know and I will reschedule.

Thank you.

~l(t e(if~~ n1trol Services Commander

.mton Police Department 425.430.7555

Integrity, Service, Valor, Professionalism ... Renton Police Department

1

Kent M Curry

From: mt:

.o:

Kent M Curry Tuesday) May 03 1 20111:17 PM Kent M Curry

Subject: FW: Pre-Loudermill Opportunity C0-02-11

From: Kent M Curry Sen.: Tu y, May 03, 201113:16 To: Cc: evm 1 osevich Subject: Precloudermill Opportunity C0-02-11

Thank you for signing the Pre-Laudermill Notification letter. I have placed the signed copy with the internal investigation. I have scheduled you for a meeting on Thursday, May 5, 2011 @ 1300 hours. The meeting will be held in Conference Room B, 2nd floor. You are welcome to have representation at the meeting. If you have a conflict plea,se let me know and I will reschedule.

tfe-,rt etif'l"! Patrol Services Commander Renton Police Department 425.430.7555


1

Kent M Curry

F. rom: mt:

.o: Cc: Subject:

Kent M Curry

Pre-Loudermill Opportunity C0-02-11

Thank you for signing the Pre-Laudermill Notification letter. I have placed the signed copy with the internal investigation. I have scheduled you for a meeting on Thursday, May 5, 2011 @ 1200 hours. The meeting will be held in Conference Room B, 2nd floor. You are welcome to have representation at the meeting. If you have a conflict please let me know and I will reschedule.

t'e-~rt eat

Kent M Curry

From: mt:

.a: Cc:

Kent M Curry -20111:14PM

Subject: Pre-Loudermfll Opportunity C0-02-11

Thank you for signing the Pre-Laudermill Notification letter. I have placed the signed copy with the internal investigation. I have scheduled you for a meeting on Thursday, May 5, 2011 @ 1100 hours. You are welcome to have representation at the meeting. If you have a conflict please let me know and I will reschedule.

Thank you.

Mlft ef

Kent M Curry

!=rom: Kent M Curry ~May 12,201112:05 PM mt:

.o: Subject: Attachments:

Y.and Recommendations - Findings and Recommendations.doc

II the attached letter was f9rwarded to the Chief. Thanks for giving me a ring and letting me discuss this with you. If you have any questions please don't hesitate to contact me. Enjoy your training.

;f;e,l(t 6 .. 1"/"f Patrol Services Commander Renton Police Department 425.430.7555

Integrity, Service, Valor, Professionalism... Renton Police Department

1

Kent M Curry

Kent M Curry !=rom: mt:

.o: ~May 12, 2011 11:39 AM

Subject: ~and Recomendations

I finalized my part and met with-and-today. Wanted to meet with you but I understand you might be out of town. I will be forwarding my information along to the Chief today. If you are in town and want to discuss my findings and recommendations I will be happy to do that with you. I will be in the office today and back on Monday. You can reach me by phone any time.

tUI(t (}Cif'~"j Patrol Services Commander Renton Police Department 425.430.7555


1

Chief of Police-------------- Date ____ _

PD Admin/Milosevich!COinfo

Fi ati ns

! ) and

._,- '' '.

POLICE DEPARTMENT

MEMORANDUM

DATE: 04/11/2011

TO: Chief Milosevich

FROM: Commander David Leibman

SUBJECT: Findings and Recommendations CO 02-11

There's no dispute that on 11/25/10, Officers-and~out of service, changed into civilian clothes, drove to the Renton Stadium in -personal car without any police equipment, and put themselves out on "portable" when they didn't even have a portable. They played football and socialized.

four minutes. minutes.

as unable to respond to calls for service for two hours and was unable to respond to calls for one hour and fifty four.

The south sector was at minimum staffing; the north was at emergency and had called someone in to cover the shift. It was a holiday and no other police employees were in service or available to assist the officers on duty. Working at a double emergency status caused a risk to officer safety in addition to risking the safety of the citizens who expect adequate police staffing. The labeling of their status as "portable" could have caused an additional layer of confusion for Valleycom and other on-duty units should an emergency have occurred.

Both-and -put in for their full12 hours of holiday overtime and additionally failed to take time off to compensate for the time they were out of service. Both say they were solicited to play by Sergean- They also said that neither OIC -nor Sergeant-told them to take the time off and not put in for the overtime.

Although they were asked to play, and no one instructed them to take time off and not put in for full overtime, it doesn't absolve them from recognizing that their actions that day were improper and violated several general orders and commonly practiced procedures.

Both officers either were unaware or ignored the importance of what appear to be obvious issues: By merely playing they were causing a staffing situation that was unnecessary and inappropriate because their squad was already operating at minimum staffing. They were either unaware or ignored the fact that putting themselves out on

portable instead of out of service could've led to confusion had something significant occurred. They failed to take time off for the period they weren't actively engaged in their duties, and they were either unaware or ignored the fact that submitting overtime for time they weren't even working was unacceptable.

The initial allegations were:

26.1.1 Code of Conduct and Appearance, Section II. A. Violation of Rules- Members of the Police Department shall not commit any

acts, or omit any acts, which constitute a violation of any of the rules, regulations, directives or orders of the Department, City of Renton or Renton Civil Service Commission, whether stated in this rule or elsewhere.

E. Reporting for Duty- Members of the Police Department shall report for duty at the time and place required by assignment or orders, and shall be properly equipped, and cognizant of information required for the proper performance of duty, so that they may immediately assume their duties. Judicial subpoenas shall constitute an order to report for duty under this section.

F. Neglect of Duty- Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of the City of Renton, .these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department. Members shall not engage in any activity, or personal business, which could cause them to neglect, or be inattentive to duty.

I. Leaving Duty Post- Members of the Police Department shall not leave their assigned duty post during a tour of duty, except when authorized by proper authority.

K. Unsatisfactory Performance (Commissioned members) Commissioned members of the Police Department shall maintain sufficient competency to properly perform their duties, and assume the responsibility of their positions. Members shall perform their duties in a manner which will maintain the highest standards of efficiency in carrying out the functions and objectives of the Department. Unsatisfactory performance may be demonstrated by a lack of knowledge of the application of laws required to be enforced, an unwillingness or inability to perform assigned tasks, the failure to conform to work standards established for the officer's rank, grade, or position, the failure to take appropriate action on the occasion of a crime, disorder, or other condition deserving police attention, or absence without leave. In addition to other indicators of unsatisfactory performance, the following will be considered prima facie evidence of unsatisfactory performance: repeated poor evaluations, or a written record of

repeated infractions of rules, regulations, directives, or orders of the Department.

I believe Officers -and -conduct and actions on November 25th 2010 violated portions of all secti~ listed General Orders except I. Leaving Duty Post. This is due to their having permission from OIC-and Sergean-to play in the game, even though the permission was improperly granted.

Truthfulness On 03/08/11, I interviewed Officers-'., -and Sergeant ... Several discrepancies between their accounts came to light. Specifically for Officers-and -~Sergeant. insisted that he told both to take time off for the time they played in the game, while-and- initially said northing of the sort. In fact, -initially said that .. knew he was putting in for overtime, and assumed-did as well. -said she decided to put in for the overtime on her own. ~--

They were re-interviewed for allegations of untruthfulness and insubordination.

On 03/14, -said, "I don't remember being told, being asked to put in a slip to take time off. That's my first thing. Had I remembered that I would've done it. Um, I cannot recall that", and "If I had, if I could remember him saying that I would have done it." When asked if she would normally remember a direct order that a sergeant gave, she. said, "I can usually say that, that I do. I'm not perfect, but I can usually say that I do. I do usually recall what he asks me to do." And finally, Sergeant Sjolin asked her, "If he'd asked if he told you to fill out a slip, would you have?- said, "Yeah, oh yeah." I followed up with, "Okay, so if he told you, you would have done it, you wouldn't have disobeyed him.-: Yeah, oh no."

-body language and tone of voice made it obvious she was trying to balance telling the truth with trying not to say anything that would overly implicate- It was confirmed when at the conclusion of her second interview-told me that this was difficult because-is also a personal friend of hers.

When I interviewed- on 03/14, I asked, "Did Sergeant .. ever specifically tell you that you were to take time off for the time that you played in the game?-: "I don't think he told me that, no." He went on to explain that he sometimes makes mistakes, but in the end again stated, "I don't think I was told that during that time to put one in."

During-interview on 03/24, he maintained he told- and -to take time off. For a number of reasons discussed in recommendations, his account wasn't credible. This lack of credibility was also present during his initial interview on March gth when he first alleged he told both to take the time off. I conclude he never told-o any such thing.

26.1.1 Code of Conduct and Appearance Section II Q. Insubordination- Members of the Police Department shall promptly obey any lawful orders of a superior officer. This will include orders relayed from a superior officer by an officer of the same or lesser rank.

n. Truthfulness- Upon the order of the Chief of Police, the Chief's designate, or a superior officer, members of the Police Department shall fully and truthfully answer all questions specifically directed, and narrowly relating to the performance of official duties, or fitness for office, which may be asked of them.

Neither nor was in violation ofthese sections of the General Orders.

Recommendation Both -and-have a reputation as quality officers who normally exercise good judgment. Ultimately, they're responsible for their own behavior. I believe this is mitigated somewhat by the heavy influence of their Sergeant and the lack of oversight by OIC-during this incident.

I don't believe either one has been the subject of discipline before. But their omissions or commissions are serious. Therefore, I recommend that their payroll is adjusted to compensate for the straight time and overtime they were overpaid on November 25th. In addition, I recommend they both are given one 12 hours day off without pay.

Ill

1 gs nd tions

POLICE DEPARTMENT

M E M 0 R A N. D U M

DATE: 04/11/2011




---- . . There's no dispute that on 11/25/10, Officers-and- went out of service, changed into civilian clothes, drove to the Renton Stadium in -personal car without any police equipment, and put themselves out on "portable" when they didn't even have a portable. They played football and socialized.

As a result, Officer .. was unable to respond to calls for service for two hours and four minutes.- was unable to respond to calls for one hour and fifty four minutes.

The south sector was at minimum staffing; the north was at emergency and had called someone in to cover the shift. It was a holiday and no other police employees were in service or available to assist the officers on duty. Working at a double emergency status caused risk to officer safety in addition to risking the safety ofthe citizens who expect adequate police staffing. The labeling of-and -status as "portable" could have caused an additional layer of confusion for Valleycom and other on-duty units should an emergency have occurred.

Both-and -put in for their full 12 hours of holiday overtime and additionally failed to take time off to compensate for the time they were out of service. They also said that neither OIC .. nor Sergeant .. told them to take the time off and not put in for the overtime .

.. wasin charge ofthe squad that day. He attended the game while on duty. Although -said he was unaware the officers were on portable and that they failed to take time off for the game, he was aware of all the other facts above.

-had no actual plan to deal with an emergency during the time he was at double emergency other than to cover calls with the remaining south sector officers.

-didn't notify the other supervisor (OIC- of the intent of going to double emergency.

-admits he signed overtime slips for-and- He said he "didn't think about it." Sergeant. never told him that- and -were to have taken time offfor the time they played. The investigation shows that-did not approve the officers' ITS. But making sure they put in for their out of service time should've occurred to him under the circumstances .

. Although the game was planned by Sergea and the officers were approved to play by Sergea - it doesn't absolv rom recognizing that the actions and conduct of officers under his command that day were improper, and violated several general orders and commonly practiced procedures.

as either unaware or ignored the importance of what appears to be obvious issues: By allowing the officers to play he created a staffing situation that was unnecessarily risky and inappropriate under the circumstances. His squad was already operating at minimum staffing. As it was a holiday, and there were no other police personnel available to assist if something significant happened.

Officer~as in charge of a squad; he should've known the officers showed on portable and corrected the situation. He should've ensured th -a -took time off for the period they weren't actively engaged in their duties, and it should've occurred to him to deny overtime for time the officers weren't even working. These lapses are unacceptable.


A. Violation of Rules- Members of the Police Department shall not commit any acts, or omit any acts, which constitute a violation of any of the rules, regulations, directives or orders of the Department, City of Renton or Renton Civil Service Commission, whether stated in this rule or elsewhere.

F. Neglect of Duty- Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department. Members shall not engage in any activity, or personal business, which could caus them to neglect, or be inattentive to duty.

K. Unsatisfactory Performance (Commissioned members) Commissioned members of the Police Department shall maintain sufficient competency to properly perform their duties, and assume the responsibility of their positions. Members shall perform their duties in a manner which will maintain the highest standards of efficiency in carrying out the functions and objectives of the Department. Unsatisfactory performance may be demonstrated by a lack of knowledge of the application of laws required to be enforced, an unwillingness or inability to

perform assigned tasks, the failure to conform to work standards established for the officer's rank, grade, or position, the failure to take appropriate action on the occasion of a crime, disorder, or other condition deserving police attention, or absence without leave. In addition to other indicators of unsatisfactory

.performance, the following will be considered prima facie evidence of unsatisfactory performance: repeated poor evaluations, or a written record of repeated infractions of rules, regulations, directives, or orders of the Department.

11.3.1 Responsibility I Accountability of Employees Section I B. Each employee, by virtue of their position in the Department, will be held

accountable for their overall performance and the use or failure to use this delegated authority in accomplishing the responsibilities of their position. This will be measured through the performance evaluation process.

11.3.2 Supervisory Accountability Supervisors will be held accountable for the performance ofthe employees under their immediate supervision. Although supervisors may delegate the actual performance of a given task, supervisory officers cannot rid themselves of the responsibility or accountability for the accomplishment of the task.

I believe Officers -lack of oversight, conduct and actions on November 25th 2010 violated portions of all sections of the General Orders listed above.

Truthfu I ness On 03/08/11, I interviewed Offi s , nd Serge ~ Several discrepancies between their accounts c~me to light. Specifically for Officer -was whether he and-had discussed an emergency plan to cover contingencies during the time- and -were out of service. I was trying to find out if a plan was in place that would have mitigated the significance of working at double emergency. -claim that he told-an - take time off to play the game also at odds with-initial statement and the statements o -a -

During interview one,.said his plan was to cover the street with existing/remaining officers. His second interview was consistent, and he took full responsibility for the plan and didn't indicate he had a discussion with. about the issue.

My initial interview with-showed that-thought he had a discussion with-before the event, and the plan was that, "They -an ) would quit and dress down and go back to work." During the second interview,. said he didn't . recall having a discussion, and the rest of the response is not pertin.ent to-investigation.

(

Regarding- and -said he didn't recall he never told out it.

instructions to take time off, in the second interview telling him about it. During-interview he admitted

26.1.1 Code of Conduct and Appearance Section II Q. Insubordination- Members of the Police Department shall promptly obey any lawful orders of a superior officer. This will include orders relayed from a superior officer by an officer of the same or lesser rank.

TI. Truthfulness- Upon the order of the Chief of Police, the Chief's designate, or a superior officer, members ofthe Police Department shall fully and truthfully answer all questions specifically directed, and narrowly relating to the performance of official duties, or fitness for office, which may be asked of them.

-was truthful in both areas.

Recommendation -has a solid reputation as a quality officer who normally exercises good judgment

and is exceptionally honest.

However, due in part to his lack of oversight,. mishandled several facets of a simple event and it turned into something larger. Many commonly known and followed rules were broken and officer safety and public safety were both sacrificed for the sake of socializing. Two officers were allowed to improperly manipulate their payroll and-was at least minimally aware of it and failed to take corrective action. I believe much of what occurred that day should be mitigated by the heavy influence Sergeant. had before and during this incident. As .told me after his first interview, "You know

Dave, I just don't want to rock the boat."

I'm unaware of-has received any recent discipline. However, iled in some key areas while acting as a Renton Police supervisor. Therefore, I recommend thais given one 12 hour day off without pay.

Fi

._' \ ~ _- '~ . -

POLICE DEPARTMENT

M E M 0 R A N D U M

DATE: 04/11/2011




-There's no dispute that on 11/25/10, Offi an ent out of service, changed into civilian clothes, drove to the Renton Stadium in-personal car without any police equipment, and put themselves out on "portable" when they didn't even have a portable. They played football and socialized.

four minutes. minutes.

was unable to respond to calls for service for two hours and was unable to respond to calls for one hour and fifty four

The south sector was at minimum staffing; the north was at emergency and had called someone in to cover the shift. It was a holiday and no other police employees were in service or available to assist the officers on duty. Working at a double emergency status caused risk to officer safety in addition to risking the safety of the citizens who expect adequate police staffing. The labeling of-and -status as "portable" could have caused an additional layer of confusion for Valleycom and other on-duty units should an emergency have occurred.

Both-and ut in for their full12 hours of holiday overtime and . additionally failed to take time off to compensate for the time they were out of service. -was aware of, and approved o - and -being paid overtime.

Several key issues were identified at the beginning of the investigation, and additional issues became evident as the investigation progressed. The investigation eventually centered on the following areas:

1. Who authorized- and o play in the game?

Sergeant-did. There are different accounts of how far in advance he authorized their attendance, but by all accounts it was from three weeks to at least one rotation before the game.

2. During the planning of the Turkey Bowl game, were all on duty personnel offered the same chance to play on duty?

No.

In fact, favoritism was apparently a driving force in allowing- and -to play when others did not. Of all the on duty officers working on 11/25/10, only lA South Officers- and-were specifically recruited to play while on duty. This appeared to be an intentional decision on-part.

Officer- said of Sergeant., "I think playing came up and I had to work, said you came come and play a little bit", and "just go play and come back, come back to work you know." {M~rch gth Interview, page 4) "Well.told me I could play." (March 14th Interview, page 3)

specifically said that. asked her to play. She believed she and were chosen because they had played as a squad and team the year

before. (March gth Interview, pages three and four)

North Sector OI -said that no one specifically asked him if he wanted to play, and if anyone else on his squad was, no one ever brought it to his attention. {March lOth Interview, page one)

When interviewed,. began almost immediately by stating without prompting, "No one from the north wanted to play." After asking him four times for clarification,. admitted that he hadn't specifically gone into their briefing and asked anyone if they did want to play, conceding that he hadn't asked them after all. (March gth Interview, pages two and three)

3. Was there any contingency or emergency plan discussed prior to or on November 25th to mitigate the double emergency status of the south sector?

No.

id in both interviews that he'd planned to cover the streets with the remaining officers in the South Sector. He took full responsibility and did not say he discussed the matter wi

During the first interview, I ask . if he left OI - a plan in case of emergency. Sergea . said "They would quit and go back and dress down and go back to work." During the second intervie said that's not what I'd asked during the first interview, and said he didn't recall having a conversation wiHe then went on to describe what the conversation would've sounded like if he'd had one. (March 25th interview, page nine)

4. Was there any discussion or notification to either North Sector supervisor {Serge or OI - either prior to or on the day of the game that two on duty officers would be out of service and unavailable?

No.

OIC as very clear that the first he knew of the officer's playing in the game was when he saw them there, playing .

and idn't recall notify -o - planned the game and was at work during the days leading up to the game. Discussing the issue should've been a primary goal and would've been memorable to all parties had it occurred.

5. Who to -an it was OK to play a game on a double-time day, while being paid, and put in for the overtime?

No one. They made the assumption it was OK . made the assumption it was OK as welL id that he thoug was aware, to an -indicated that the assumption of playing and being compensated seemed so acceptable and routine that it's difficult to conclude that-had no knowledge. At the very least this appears contradictory when conside claim he told the officers to take time off. (see question number 8}

6. Wa ware th -a didn't take time off and that they put in for overtime?

knew or should have known. As stated abo thought th was aware. When asked if. knew about the payroll situati said he was unsure.

However, pprov -an - ITS . said that when he approves ITS, he looks at the schedule, looks at their days on, and if it matches their ITS

. summary he approves it. (March gth interview, page seven} If that's the case, it should've been easy to see that-an - did not take time off that day, and also that they put in for 12 hours of overtime. Sinc and ok no time off that pay period at all, presumably the absence of time off on ITS would've been even more noticeable. (see schedules and ITS section} Since ter claimed that he tol and o take time off, failing to notice the error is even more peculiar. If he wasn't aware, he should've been.

No.

nd n't recall a conversation or directive like that occurring. They both say had it occurred they would've followed directions. They both said such a conversation would likely be remembered. Their answer was almost identical to that o Howev . admitted he never tol bout this expectation. All three officer's recollection and answers were the same, yet at least one of them specifically was not told. This is indicative that none were told. This also references question number 8.

8. Were any of the officers involved either insubordinate or untruthful?

Yes.

See question seven above . . n -were neither insubordinate nor untruthful. Sergea . specifically was untruthful on the question of whether or not he told n - to take time off.

During his March gth intervie initially waffled a moment before becoming completely adamant that he had specifically told nd o take time off. I believe the last truthful statement he made on this question was when he said, "I wouldn't have told them that. then locked himself into a lie that he couldn't recover from. Almost every time that he resolutely and unequivocally stated that he to an o take time off, he also was completely hazy, uncertain and vague as to who he told, when he told it, and under what circumstances the discussion occurred. This was true even during his second interview on March 25th. After a two week perio aid he "absolutely" had time to think about the previous interview and still was just as resolute on one hand and vague on the other as during the first interview. The added fact that he didn't even mention any conversation or expectation to his OIC is extremely telling. Finally, sacrificing his officers in the lie could've ruined their careers if they were found untruthful.

During this investigation, I conducted twelve interviews with eight officers. In ten of the interviews, the officers appear truthful. Their answers are clear, direct and without diversion. In stark contrast are the two interviews with Sergea - Both are riddled with evasiveness, double-speak and vagueness that required some questions to be asked several times over in order to get a straight answer. Listening to the recordings and reading the transcriptions reveal a consistent and unavoidable theme.

Some examples:

On the question of asking if other on duty officers were asked to play in the game, it took asking the question four times before. gave a clear answer and changed the answer from yes to no.

On the question of contingency planning,. initially said he had a conversation with .. in interview one and later said he didn't have one during interview two.

In explaining why he was justified going to double emergency, he compared the game to other times the street is short for business reasons, then conceded this was unlike any of the examples he cited.

In trying to explaining if .had a conversation with the north supervisors about his staffing emergency situation,. reversed himself completely. (March 25th interview, pages seven and eight)

I believe these and other examples found throughout the interviews have to be considered when measuring- overall veracity.

The last area of concern emerged towards the end of the investigation. On March 8th, just as he was on his way to interview with me for this investigation,.told Sergeant

at he needed to find a rat, or something very similar. This was concerning for several reasons. First of all, this investigation was launched because an anonymous officer was concerned about retribution. This comment lends credibility to that officer's concerns. Secondly, it reveals a mindset of someone who is not contrite, apologetic, or who even remotely sees himself as someone who's done anything wrong. Finally,

-interview responses about the comment, although too long to recap, portray an inappropriate mindset.

Summary

Although Offi r an all bear some responsibility for the numerous violations of commonly practiced policies and procedures during this incident, Sergeant . ears the overall responsibility. He planned the event, gave the officers permission to play on duty while putting the street at double emergency, didn't address the issue of the officers taking time off or putting in for overtime, didn't make plans for contingencies, didn't work with the other sector to assure safety and continuity, and didn't run the staffing scenario through his chain of command. With the exception of knowing that the officers put themselves out on portabl ither knew or reasonably should've known about every procedural error that occurred either leading up to, during or following this incident. He was involved with every facet of this

event, working in the days leading up to and following the game, and attending the game on his day off.

Another area of concern is the fact that the other involved officers in -command didn't recognize the wrong things and take steps to do the right things. Their poor decisions strongly suggest th has created an environment and culture where certain rules are overlooked when the right excuse is presented. A said at the end of his March gth interview, "so I wasn't looking at it from uh, a readiness position like you are, and I understand that, I was looking at it from the reverse po'sition, how can we accommodate, how can we make it happen."


A. Violation of Rules- Members of the Police Department shall not commit any acts, or omit any acts, which constitute a violation of any of the rules, regulations, directives or orders of the Department, City of Renton or Renton Civil Service Commission, whether stated in this rule or elsewhere.

F. Neglect of Duty- Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department. Members shall not engage in any activity, or personal business, which could cause them to neglect, or be inattentive to duty.

K. Unsatisfactory Performance (Commissioned members) Commissioned members of the Police Department shall maintain sufficient competency to properly perform their duties, and assume the responsibility of their positions. Members shall perform their duties in a manner which will maintain the highest standards of efficiency in carrying out the functions and objectives of the Department. Unsatisfactory performance may be demonstrated by a lack of knowledge of the application of laws required to be enforced, an unwillingness or inability to perform assigned tasks, the failure to conform to work standards established for the officer's rank, grade, or position, the failure to take appropriate action on the occasion of a crime, disorder, or other condition deserving police attention, or absence without leave. In addition to other indicators of unsatisfactory performance, the following will be considered prima facie evidence of. unsatisfactory performance: repeated poor evaluations, or a written record of repeated infractions of rules, regulations, directives, or orders of the Department.

11.3.1 Responsibility I Accountability of Employees Section I B. Each employee, by virtue of their position in the Department, will be held

accountable for their overall performance and the use or failure to use this delegated authority in accomplishing the responsibilities of their position. This will be measured through the performance evaluation process.

11.3.2 Supervisory Accountability Supervisors will be held accountable for the performance of the employees under their immediate supervision. Although supervisors may delegate the actual performance of a given task, supervisory officers cannot rid themselves of the responsibility or accountability for the accomplishment of the task.

As of March gt\ 2011, Additional allegations were:

26.1.1 Code of Conduct and Appearance Section II Q. Insubordination - Members of the Police Department shall promptly obey any lawful orders of a superior officer. This will include orders relayed from a superior officer by an officer of the same or lesser rank.

TT. Truthfulness- Upon the order of the Chief of Police, the Chief's designate, or a superior officer, members of the Police Department shall fully and truthfully answer all questions specifically directed, and narrowly relating to the performance of official duties, or fitness for office, which may be asked of them.

I believe Sergeant- conduct and actions leading up to, including and following the events on November 25th 2010, and the March gth and March 25th interviews, violated portions of all sections of the General Orders listed above with the exception of insubordination. I believe his untruthfulness is covered by section TT.

Recommendation

-improper procedural omissions and commissions alone would be grounds for significant discipline. In addition, .was untruthful and evasive. Finally, he revealed a mindset that lends credibility to the initial concern regarding retribution . went out of his way to invoke the core values. His actions speak far louder than his words, and his words do him no favors.

Every indication was tha ade errors in judgment, and once confronted tried to assign blame to others. In this case his attempts at deflection crossed the line to untruthfulness. Deflection and blame has been an ongoing theme throughrelatively short time spent in supervisory roles.

1.

.

2. O rst probationary Sergeant's eval dated 04/22/08, under Accountability, I gave. I wrote:

.

3. O ird probationary Sergeant's eval dated 11/12/08, under "Responsibility/Judgment" I gave

o

4. I've been holdi atest eval covering 01/02/10 to 01/01/11 until this investigation is complete. Under "Accepts role in the organization. Has good peer and supervisory relationships. Treat others with respect", I wrote,

These documents are included for reference.

I recommend that Sergea be permanently demoted to police officer. Any instructor positions he currently holds should be vacated. If he's still instructing at a community college, permission should be rescinded. He's not an example of the type of leader that the RPD should represent to the public.

Commander David Leibman

and

ction Pia

DATE:

TO:

FROM:

SUBJECT:

POLICE DEPARTMENT

MEMORANDUM

October 3, 2005

OffiSergeant C. Wilcox

Performance Action Plan

Officer- Sergeant C. Wilcox

,,', > . I

', /' ___ ' \ ,,_

. -, _- . '

Disci line Recommendations

POLICE DEPARTMENT

MEMORANDUM

DATE: May 9, 2011

TO: Kevin Milosevich- Chief of Police

FROM: K. M. Curry- Division Commander

SUBJECT: Findings and Recommendations C0-02-11- Serge .

I have reviewed the information contained in the Investigation conducted by Commander Leibman. On May 5, 20111 met with Sergeant-at his request to discuss the incident and to allow his to provide additional information prior to making these findings and recommendations. Sergeant. was represented by the RPOG Attorney.

Sergeant. began our meeting wanting me to know that he wanted to take responsibility for the decision to authorize both Officers -and -to play in the football game on Thanksgiving Day, 2010. He recognized that he failed to properly

, and effectively communicate to those officers regarding properly completing ITS and overtime reductions for that day.

He advised that he made too many assumptions surrounding the entire incident. His assumptions around staffing levels, assumed that Officers -and-knew to put in.for time and that he was too quick to approve overtime and ITS without giving consideration to scrutinizing those two submissions.

With better communication he feels the whole incident could have been avoided and reflecting back he understands the gravity of the incident. He did state that if he had to do it over again he would certainly do things differently. Already he has adjusted the process he uses when approving ITS.

Sergeant .stated with assertiveness in this tone that in no way was he untruthful during his interviews with Commander Leibman. Sergeant-advised that he couldn't answer some of the questions in the manner that was being required by Commander Leibman. He didn't see them as yes, no or I don't know answers. He couldn't provide clear and accurate answers because he didn't remember with perfect clarity. It was never his intent to deceive.

He does recall making the 'rat' comment but not when or where it was made. He advised that he has not sought retribution since the inception of this internal investigation. He felt that the complaint that started the investigation was a form of

Kevin Milosevich, Chief Page 2 of6 May 9, 2011

retribution from an unhappy employee and insinuated that he was the target of a form of retribution. He believed that the motivation of the complaint is relevant.

Findings:

Violation of General Order 26.1.1.11 Code of Conduct and Appearance:

As I review the contents of this investigation to include Commander Leibman's findings and recommendations I noted that a process issue may have been overlooked. When Sergeant-was provided 10fficer Notification' as part of the Internal Affairs packet of forms, he was advised at that point that the allegations were violations related to three specific General Orders: 26.1.1.1l.A & F & 1


Sergeant-by his own admission during t~Loudermill hearing stated that he was not clear in his communication to either-or-about how to handle their leave time and later was negligent when approving their ITS. Printed ITS documents provide as part of this investigation show that S nt.did not authorized the ITS which did not reflect either king personal leave while away from their post. Additionally, by Sergeant approving their overtime for working that day, authorized a full 12 hours of overtime when both. and-actually were only on post for 10 hours. Sergeant .. knew or should have known to look for these specific time issues when approvin~nd was certainly derelict in his duty as a supervisor to not catch it.

Furthermore Sergeant .was negligent in his duties by not properly planning and effectively communicating a contingency or emergency response plan based upon the double emergency staffing he authorized his squad to operate with. Staffing levels are established for operational effectiveness and officer safety. It is unthinkable for a supervisor to jeopardize the safety of team members by allowing the staffing levels to drop to 1double emergency' for the sake of a football game.

A. Violations of Rules- Members ofthe Police Department shall not commit any acts, or omit any acts, which constitute a violation of any of the rules, regulations, directives or orders of the Department, City of Renton or Renton Civil Service Commission, whether stated in this rule or elsewhere.

Not Sustained

Although there were many poor decisions made by Sergeant.! do not believe there is hard evidence to conclude that he intentionally and deliberately violated the rules established in our General Orders. Violations related to rule violations are more clearly identified in the two allegations listed immediately following.

F. Neglect of Duty- Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state,.the ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department. Members shall not engage in any activity, or personal business, which could cause them to neglect, or be inattentive to duty.

K. Unsatisfactory Performance- Commissioned members of the Police Department shall maintain sufficient competency to properly perform their duties, and assume the responsibility of their positions. Members shall perform their duties in a manner which will maintain the highest standards of efficiency in carrying out the function and objectives of the Department. Unsatisfactory performance may be

h:\pat_serv\cmdr curry\internal investigations\2011 \co 02 1 findings and recommendations.doc


demonstrated by a lack of knowledge of the application of laws required to be enforced, and unwillingness or inability to perform assigned tasks, the failure to conform to work standards established for the officer's rank, grade, or position, the failure to take appropriate action on the occasic;m of a crime, disorder, or other condition deserving police attention, or absence without leave. In addition to other indicators of unsatisfactory performance, the following will be considered prima facie evidence of unsatisfactory performance: repeated poor evaluations, or a written record of repeated infractions of rules, regulations, directives, or orders of the Department.

By his actions and omissions Sergeant .. demonstrated a lack of sense of acceptable supervisory duties and as such perform'7poorly as a leader of in this department. His performances surrounding this entire incident clearly do not embrace the core values of ourorganization and are unsatisfactory.

Sustained on both allegations.

The two allegations brought forward during the investigative process are listed be.low and as such are addressed separately.

Q. Insubordination- Members of the Police Department Shall promptly obey any lawful orders of a superior officer. This will include orders relayed from a superior officer by an officer of the same or lesser rank.

Not Sustained

There clearly is not enough solid evidence to sustain a finding of insubordination.

TT. Truthfulness- Upon the order of the Chief of Police, the Chief's designate, or a superior officer, members of the Police Department shall fully and truthfully answer all questions specifically directed, and narrowly relating to the performance of official duties, or fitness for office, which may be asked of them.

Not Sustained

This finding is mitigated solely by the determination that perfect recollection of this incident can't realistically be expected. This phenomenon is clearly present during each of the member interviews conducted by Commander Leibman. This investigation started more than five months after the incident in question. Time and significance are two important factors to consider when determining what one's ability to recall particular situations. Because a member may not be able to recall specific times, places or conversations do not leave us with an automatic conclusion of untruthfulness. To sustain this allegation I must be able to find evidence of 'intent

h:\pat_serv\cmdr curry\intemal investigations\20 11 \co 02 1 - findings and recommendations.doc .


to deceive'. I am unable to find hard evidence in this internal investigation packet of information that would substantiate a sustained finding of untruthfulness. I do believe that Sergeant- recollections of events are presented in a way that sheds the best light on his actions and decisions, recollections that may be viewed as self-serving.

Recommendation

It is clear that Se ant.made extremely poor decisions surround.ing this incident. It is not clear if pproached -and -and asked them play or it was vice versa. Sergean uthorized them to play placing the rest of his squad at double emergency staffing and potentially jeopardizing operational effectiveness and safety. Although given every opportunity he chose to withhold his decision to place his squad at double emergency from his Commander.

For unclear reasons it appears that everybody involved glossed over standard payroll practices that should have been caught at several review levels. Sergeant .. is only complicit for the review level he is accountable for. By his own admission ~dn't clearly and effectively communicate to Officers-and -that personal leave should be used for the time leading up, .during a~ dress down time after the game. Nor did he clearly and effectively communicate to .his expectations regarding Officers-and-time and pay. Ultimately Sergeant-s the main gatekeeper in our payroll checks-and-balances system ultimately reviewing and approving ITS. As a result of his decisions and actions the city overpaid these Officers and placed these Officer's reputations at risk.

His decisions and actions do not exemplify the essence of this organization's core values. Other member(s) either on his squad or closely related to his squad brought into question what appeared to them poor ethical decision-making and poor leadership.

Sergeant .was promoted to Sergeant in January 2008 and received mentoring and evaluations documented at four-month intervals in evaluations. During that evaluation period-as rated below standard under the dimensions of Accountability and Responsibility/Judgment. Specifically in the third probationary evaluation the low rating was based upon staffing issues and overtime issues. These below standard ratings were addressed in different evaluations as documented in Leibman's findings and recommendations. If the importance of these characteristic weren't clear to. prior to the evaluation process they certainly were made crystal clear during that process.

I am recommending that Sergeant .. be given 36 hours off without pay, and placed on a 12-month performance actio~ that requires progress reports every three

h:\pat_serv\cmdr curry\internal investigations\2011 \co 02 1 findings and recommendations.doc


months. Any unsatisfactory performance report given during the 12-month action plan period would be grounds for permanent demotion.

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Discipline Recommendations

POLICE DEPARTMENT

MEMORANDUM

DATE: April 20, 2011

TO: Kevin Milosevich- Chief of Police

FROM: Chuck Marsalisi- Deputy Chief, Field Operations Bureau

SUBJECT: Findings and Recommendations CO 02-11- Officer-

I have reviewed the information contained in the investigation that Commander Leibman conducted. In addition, Officer .requested a meeting with me to discuss the incident. . .

Officer.old me that he accepts responsibility for his actions, and considers it a large learhmg experience. He told me that he wasn't paying attention to detail, and that he assumed that everything that was going on was taken care of and he failed to give the circumstances the scrutiny that he sh.ould.

Findings:

Violation of General Order 11.3.1.1.B- Responsibility I Accountability of Employees-Not Sustained Based upon the information contained in the investigation and the allegations, I don't .

believe this section is applicable to the behavior.

Violation of General Order 11.3.2- Supervisory Accountability- Not Sustained Based upon the information contained in the investigation and the allegations, I don't believe this section is applicable to the behavior.

Violation of General Order 26.1.1.11.A- Violation of Rules- Sustained Although a technicality, this General Order was violated solely because there is at least one sustained allegation of another rule, specifically General Order 26.1.1.11.K

Violation of General Order 26.1.1.11.F- Neglect of Duty- Not Sustained Based upon the information contained in the investigation, I do not believe that Officer neglected his duties. I believe that he was taking action that he felt was in concurrence with his obligations as an Officer in Charge. I believe that he did not intentionally neglect his duties.

of2

Violation of General Order 26.1.1.11.K- Unsatisfactory Performance- Sustained Based upon the information contained in the investigation, I believe that Officer-performance was unsatisfactory. I believe that he failed to adequately scrutinize the overtime slips and trusted that Officers-and -had completed them accurately. It was not Officer-ob to approve payroll at the end ofthe pay period, it was Sergeant-responsibility.

In addition, although Officer. felt that Sergeant-had made the decision to operate below emergency staffing, Officer .. should have taken steps to insure proper coverage by officers prepared to ha~ calls for service. Violation of General Order 26.1.1.11.TT- Truthfulness- Exonerated Based upon the information in the investigation I do not believe that Officer-attempted to be untruthful in any manner.

Violation of General Order 26.1.1.11.Q -Insubordination- Exonerated Based upon the information in the investigation, I find nothing to indicate that Officer .was insubordinate in any manner.

Recommendation:

Officer. wa

93 _Renton Police Department Public Records

Documents

Transcript of 93 _Renton Police Department Public Records