HomeMy WebLinkAboutR-2000-120 F. Joseph Falk, Jr. Professional Services AgreementRESOLUTION NO. R-2000- 120
A RESOLUTION authorizing the City Manager of the City of Yakima to execute a
Professional Services Agreement with F. Joseph Falk, Jr. and the
Law Firm of Finney, Falk & Lawrence-Berrey.
WHEREAS, on July 29, 2000, former police officer Tony Ramos submitted a letter
of position to the Washington State Commission on Hispanic Affairs alleging improper
actions by some officers in the Yakima Police Department; and
WHEREAS, it is in the public interest of the citizens of the City of Yakima that
these allegations be independently reviewed; and
WHEREAS, in order to have the allegations independently reviewed, it is
necessary to retain outside legal counsel to conduct the independent review; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized to execute the
attached Professional Services Agreement with F. Joseph Falk, Jr., of the Law Firm of
Finney, Falk & Lawrence-Berrey.
ADOPTED BY THE CITY COUNCIL this 19th day of September, 2000.
ATTEST:
c tom-. c
City Clerk
(Ik)res/finney (alk & lawrence-berry.rp
ry Place, Mayor
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into by and between F. JOSEPH FALK, JR. and
the Law Firm of FINNEY, FALK & LAWRENCE-BERREY, a law partnership
(hereinafter "the Firm"), and the CITY OF YAKIMA, a Washington municipal
corporation (hereinafter "the City").
The terms and conditions under which the Firm will provide the professional
services are as follows:
1. The City has need of an independent review of certain allegations of
improper actions by some officers in the Yakima Police Department. Retention of
special counsel is specifically authorized by Yakima Municipal Code Section 1.18.017(3).
2. The scope of the review will be communicated to the Firm by the City
Attorney. The Firm will conduct an independent review of this matter.
3. The Firm will have the same rights of access as the City Manager and/or
the Chief of Police to City employees for purposes of interview, and to City records that
may be pertinent to the review. At the conclusion of the independent review, the Firm
will prepare a written report to the City Attorney containing conclusions of the author.
4: F. Joseph Falk, Jr. will bill the City at an hourly rate of $125.00, together
with necessary expenses.
CITY OF YAKIMA
By:
R. . ais, ]'r.
City Manager
,A69,1k
Date: q- a 0 0 0
ATTEST:
(73-,41-14
goryts27,41
,
F. JOSEPH FALK, JR., of
FINNEY, FALK & LAWRENCE-BERREY.
By:
F. Joseph Falk, Jr.
Date:
City Clerk
Contract No. 2000-83
(Re'solution No. R-2000-120
(Ik)agr/finny prof services.rp
t, t
ar
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. * //
For Meeting Of September 19, 2000
ITEM TITLE: Resolution authorizing execution of Professional Services Agreement with
F. Joseph Falk, Jr. and the Law Firm of Finney, Falk & Lawrence-Berrey.
SUBMITTED BY: Raymond L. Paolella, City Attorney
CONTACT PERSON/TELEPHONE: Raymond L. Paolella, 575-6030
SUMMARY EXPLANATION: On July 29, 2000, former Yakima police officer Tony Ramos
submitted a letter to the Washington State Commission on Hispanic Affairs alleging improper
actions by some officers in the Yakima Police Department (a copy of the letter is attached). In
order to review these allegations, it is recommended that outside legal counsel be retained to
conduct the review and to prepare an independent report. F. Joseph Falk, Jr. and the Law Firm of
Finney, Falk & Lawrence-Berrey will provide the review. Mr. Falk will bill at an hourly rate of
$125.00. Mr. Falk will function with complete independence from the City.
Resolution X Ordinance Contract Other(Specify)
Contract Mail to (name and address):
Phone:
Funding Source Risk Management
APPROVED FOR SUBM11IAL:\:- �=�
ity Manager
STAFF RECOMMENDATION: Adopt Resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
(Ik)agenda/finney falk & Iawrence-berry-rlp
3607530199; Aug -9-00 13:03; Page 2/4
LE ITER. OF POSITI•.[ON
July 29, 2000
The Washington State Commission as }Ramie Ahairs
owe ureter
Er:emit:No Director
Olympia, WA
Dear Mr. Canorous,
Fist, of all thank you for taking the time to speak with me an the afternoon of July 17, 2000. Year
coccem and unjerstancfrag is vary agpraagtcd. I u well as other =playas &the Yakima Police
department hope that the Cation will table for &sci sion, the seri= cmoaas that I and
others Officers have rewiring the past and current practices involving racial profiling, abase of
civil rights and the disparate treatment of Kim' Police Officers.
i.
k is my hope that the commiSsica will draw attention to the camanmity especially the Fitanic
warty cf tbe type of discriminatory practices the department is engaged in. I personally
worked as a police officer from 1993 and witnessed rosy incidence of *est traffic stops, racial
profiling and sakes abuses of aim cavil rights. I have perscaalyy heard racial =W43 made by
administrators of the department and have received racially trieted hate mail st wait An example
of a cast made by a administrator at the dopartmmt was, "P y. 'think we ought to take
every Mexican and put a Wan bullet in their basil".
White Pafice Officers art engaging in the practice of issuing numerous tici to roe aider.
These &Anders are seen Hipinie or of ethnic descent. !have cn =as occasiaas seen white
Police Offices give aver S1,400 vacioth of tickets to ane aspanic a'adec knowing drat ane ticlaet
would suffice along with a smugwaning. The Adteinistratien however meninx it's Officers to
meet a vete &maintaining afii_ant a day average (Nd a policy.ar mamas) and threatens.
Officers w Arae ifthis'Quota" is not met at the and of the macth. This Ibefieve
to the abuse of issuing tickets to the hard exciting Hispanic may. The statistics
would prove that the frispsnio okrummity as a whole are victimized bythis practice. Officers are
�1selp describing vehicles OctOpired by Hispanic citizens as " and are Mowing these
vehicles until they spot a tri fic:vidatfas (license plate light, cracked windshield etc.)
Officers have very men zed Hispanics driving new pickup tracks as.drug dealers and
follow these vehidea .ca minor violations hag to fined drugs in the vehicles. Officora have also
mated nes Hispania at swat warrants. If a Minnie sir mos is close.to:that of the
actual pawn is . and the date of birth mercer matcee, I have seen Officers an peopb
percent sura a£the wet* attic person they' we taking to jack.. 'Ibis happens
workers $car Mexico who are very afraid to challenge the authory of a Powe
3607530199; Aug -9-00 13:04; Page 3/4
&ter. I have bei at the county jail muneroww times *hen people who only speak Spanieh tell
me that the officers .who irritated them called than racial names and abused than physically. I
know this happens because !have sem it and I have men Officers unnuthfally descale the
amounts and types °fuse of farce they used when writing their reports. I have wised a white
Police Officer unjustly put hie km to a Ion worker, just because the Officer thought he was a
drag dealer.
R is a* position that this slie —mink:st.ory behmpior is not only aimed at the lispanie marenunity.but
also to the Hispanic Police Officera who help creels a better relationship between the lEspanic
carnitunity and the police. department Them currently, nor has there ever been a minority
administrator at the Yam Police Depatimeat. This Mita& should be of great concem
kilning the&verse ethnicity— and the large %panic comnamitythet make up this area.
Hispanic Police Ours were toil that they get paid well ough for what they do when they tried
to bargain fbr different* pay became of liner bilingual skills. They were denied by the police
maim and the Chief of Police Doled to consider the diffaential pay even though lEspanic Officets
were being used to translate throughout the city and wort loads were and have been irtcreased
grestlY-
Ffivinic Officers have also ban the victims &excessive cliscipliae. White Police afficere u well
as members ate administration have engaged hi alining behavia ranging from iolicitiag
prostitutes, domestic violencejind sexual misconduct while cc duty aid they still remaia employed
by the departhect. me adaddstratica has knowingly cowed up the fad that several police
department supervisors were engaging in unethical behavior involving akxhol whale an city
property or winle ca &ay. These officers where not disciprmed neatly the same as some Ramie
Moen. A arbitrator ruled juin last innath that the City -Manager and the Chief of Police
threatened and retaliated against a Hispanic Police Officer when he flied a grimace for what he
thought was excessive cris*Ine. I was terminated inDecember 1999 fbr Wing to wear my
ballistic vest, although there lino written department paddy in the department policy and
procedure manual. There are other N'white police officers who =timely cfici nct wear their vests,
they were never clisciplictedrims oace told by a supervisor that the ally reason I was hired vras
because I was Hispanic, that time supervisor also told me that "We need to stick to our own kite
when he saw me speaking to a Mexican fly while an duty.
Police Department stipervisors Base routinely referred to Hispanic Officers as "Spica" or Berman'
in both the work place ended* gatherings. This type dive:tiring environment and discriminative
department mentality can no lionger be tolerated. This has denude be working errviramxre
the department and has e ylowered the nxrala at the department, crating undue stress and
tension in a already stressfhl proliesion. If the department is allowed to omtimie operating in this
manner, The City of Yakima Cannot expect effective and ethical law exforcematt frier the
department . .
I and the group with me here tic* are asking fix an *airy iato the tctal °pastime of the Yakima
police Department. The tavarre deserve to know exactly how their Police Depertmeat is
-operating. Police departments 4crces the native dining held accountable for the Way they police
their ocenniamities and thennelves. The City of Yakima isnot &Smut. Let the truant be told.
make the community aware. irthe Yaktrmt Pace Depart:matt believes k is operating in an
effective ethical manner, theutifiere should be no 'venation to cartrat these issues head at.
Again, we would ask that The.Govemor's Onnenission cc Hispanic Mahe bring anon to this
By: Si
36075301 9;
Aug--uu • v;.)
matter so dull the citizma °icier cacummity can expect efaective law enfiercesuera. I *would also
hice to go cat recant and saythat the issues we have spoke of talky does not describe all afthe
(Masa of tbe Yakima PolicerDepsztmect There are many dedicated men and women doing ita
°instead* job for their =ramity.
We appreciate your atien6an to this matter.
Slovenly,
F