HomeMy WebLinkAbout04/16/2019 09 Police Chief Position; Authorization of Two Additional Months Base Salary as SeveranceBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
1
Item No. 9.
For Meeting of: April 16, 2019
ITEM TITLE: Resolution authorizing two additional months base salary as
severance for the Police Chief position
SUBMITTED BY: Jeff Cutter, City Attorney
SUMMARY EXPLANATION:
The Yakima Municipal Code gives the City Manager authority to offer up to four months of base
salary upon termination of an employee following execution of a general release of the City. With
the consent of the City Council, the City Manager's authority may be increased. This Resolution
will authorize the City Manager to offer two additional months base salary as severance for the
Police Chief position if terminated without cause within the first five years of employment.
ITEM BUDGETED:
NA
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR
SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
resolution 4/11/2019
Type
Co'er Memo
2
RESOLUTION NO. R -2019-
A RESOLUTION authorizing two additional months base salary as severance for the Police
Chief position.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to grant two additional months of base salary as
severance pay for the Police Chief position if terminated without cause within the first five years
of employment consistent with the Yakima Municipal Code 2.20.060(B).
ADOPTED BY THE CITY COUNCIL this 16th day of April, 2019.
Kathy Coffey, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
Distributed at the
Meeting N- 21(i'l
KAPP-KVEW investigation: New Yakima
Police Chief's record clean despite
allegations
By:
Emily Goodell
0
Posted: Apr 09, 2019 05:12 PM PDT
Yakima Police Chief Matt Murray record clean
Yakima's selection for police chief is a 28 -year law enforcement veteran
YAKIMA, Wash. - A comprehensive review of a Denver-based investigation of incoming
Yakima police Chief Matt Murray shows he didn't do anything wrong in looking into
allegations of sexual assault against a fellow officer.
KAPP-KVEW's review of documents and interviews with sources close to the
investigation of Murray when he was a deputy police chief in Denver shows initial
allegations against him stemmed from miscommunication, misunderstanding and
misinformation — not misconduct.
Multiple sources interviewed by KAPP-KVEW took it a step further, saying not only was
Murray cleared of misconduct in the legal realm and exonerated in the administrative
realm, he also did nothing wrong.
Several years ago, a former Denver district attorney expressed concern and
dissatisfaction about a sexual assault case against a Denver police officer he believed
was mishandled. Investigators dismissed some of the DA's allegations based on
incomplete information; others were negated by the fact that some of the issues
stemmed not from Murray, but from people at the DA's office.
Subsequently, the Denver Police Protective Association filed a complaint over what it
said was a mishandling of a public records request for the letter the DA wrote outlining
his concerns.
While the various agencies that handled the legal and administrative reviews of the
case agreed the request could have been handled better and that departmental policies
regarding the Colorado Open Records Act needed work, no one found that Murray had
violated the law or any administrative rule.
Murray was cleared by the police chief he served under, the district attorney's office, the
independent agency that reviewed a third -party investigation and the current police
chief.
In investigating this case, KAPP-KVEW reviewed:
• A 25-page conduct review of Murray by the Denver Sheriff Department's Conduct Review
Office
• A 28-page conduct review of former Denver Police Chief Robert White by the Denver
Sheriff Department's Conduct Review Office in relation to the same case
• A summary of an independent investigation of White published by the Denver Mayor's
office
• A summary of the independent investigation of Murray published by the Denver police
department
• A statement by the Denver District Attorney's office on the decision not to charge Murray
after the office's investigation into a complaint filed by the Denver Police Protective
Association alleging open records violations
• Articles from Colorado media organizations who reported on the allegations, investigations and
exonerations.
KAPP-KVEW also spoke with:
• Jess Vigil, Deputy Director of Police Discipline for the Denver Department of Safety, who worked
extensively to review the independent investigation into Murray
• Sonny Jackson, Denver Police Communications Director, who spoke on behalf of current Denver Police
Chief Paul Pazen
• Cliff Moore, Yakima City Manager, who chose Murray to be Yakima's next police chief
Murray himself also spoke with KAPP-KVEW to share his side of the story.
The Denver Police Protective Association did not respond to numerous requests for comment.
SEXUAL ASSAULT CASE
On April 26, 2016, a woman told police officers in Avon, Colorado — about two hours west of Denver — that she
had been sexually assaulted by a Denver police officer and another woman, telling officers she reported it to
them because she feared retaliation in Denver.
The woman showed officers a lewd video of the accused officer she had on her cell phone, which she gave over
to police as evidence; investigators found the phone contained more than 12,000 messages, texts, photos,
videos and posts.
On May 2, 2016 the case was referred to Denver police and Murray — then a deputy chief. Chief Deputy District
Attorney Adrienne Greene assisted.
The officer was identified, arrested and charged with seven felonies the next day. The day after that, a press
release went out proclaiming, "Denver Police Officer Arrested for Investigation of Sexual Assault."
Also on that day, investigators identified the female suspect, arrested her and charged her with six felonies.
The next day, May 5, 2016, a press release went out saying, "Second Suspect Arrested in Sexual Assault
Investigation," and officers received new information that conflicted with the victim's statements.
By May 6, 2016, the case was dismissed. Information found on the woman's cell phone showed the sexual
encounter was consensual. The woman and officer were released from jail and a new press release was issued.
DISTRICT ATTORNEY'S LETTER OF CONCERN
Then -District Attorney Mitch Morrissey had numerous concerns about the handling of the sexual assault
investigation and wrote to then -Denver police Chief Robert White, saying he felt the investigation had strayed
from protocol by moving so quickly and playing out in the public forum.
However, subsequent investigations into Murray's conduct during the case found his involvement after the
officer's arrest was limited and many of Morrissey's allegations pertained instead to Greene: one of Morrissey's
own employees.
Here's a list of Morrissey's concerns in the May 17, 2016 letter and how they were addressed by investigators:
• On-call protocol: Morrissey said Murray violated established "on-call protocol" by contacting Greene, rather
than using the go -to person for Internal Affairs cases: District Attorney Doug Jackson. He said although
Jackson was sick that day, there was a backup list of district attorneys to call in Jackson's absence, which
was not followed. Morrissey also took issue with the police department's failure to notify him that they were
using a district attorney. Investigators found there was no formal policy or rule that would preclude Murray
from calling someone else and that it was the responsibility of the on-call district attorney, not investigators,
to keep Morrissey informed.
• Special requests: Morrissey took issue with investigators making "special requests" of the crime lab and
asking for specific crime lab technicians. Investigators found the aforementioned requests were made by
Greene, not Murray, as Morrissey had believed.
• Pace of investigation: Morrissey said he's heard the investigation was "off the rails" and that a "rush to
judgement" sparked the female suspect's arrest. He said she would not have been arrested had
investigators gone through "exonerating" evidence from her phone. Investigators found that Murray was
away camping when the arrest of the female suspect took place and that it was Greene who moved to
arrest her. They found the officers working on the case had agreed at the time that there was probable
cause to arrest the female suspect. Additionally, while investigators did have cell phone records, there
were thousands to go through and the evidence that eventually set her free was not readily available at the
time of her arrest.
• Press releases: Morrissey said it was "highly unusual to prosecute cops for sexual assault" and was upset
the female suspect's picture and identity had been released. Investigators found Murray was not involved
with the press release about the female suspect's arrest. However, Murray told investigators he agreed
with the release of information nonetheless because it was appropriate to the case and necessary to foster
"accountability and transparency."
• Murray's "attitude": A week after the conclusion of the sexual assault investigation and shortly before
sending the letter to White, Morrissey confronted Murray about his concerns with the case. The
confrontation happened at the police department's annual Fallen Officers Memorial Ceremony. After the
ceremony, but before the meeting had truly concluded, Morrissey outlined his concerns. Murray told
Morrissey the PD had probable cause to arrest the female suspect and that he didn't think it was the time
or place for the discussion and walked away. Morrissey told investigators he thought Murray's attitude was
"cavalier". Investigators — after hearing Murray's side — said it was "understandable that Chief Murray
chose to walk away to de-escalate the situation," as Murray was still surrounded by the families of fallen
officers and thanking them for coming.
PUBLIC RECORDS REQUEST & COMPLAINT
The Denver Police Protective Association sent separate open records requests in July and October of 2016 to
the Department of Public Safety's records coordinator — Mary Dulacki — asking for documents related to the
investigation in question. Dulacki responded and provided records.
On December 28, 2016, the union sent Dulacki a request for all electronic and written communication exchanges
between the District Attorney and Chief White related to the sexual assault investigation.
Dulacki forwarded the request on to numerous internal staff members — including White and Murray — asking if
they were aware of any records that matched the request. White did not respond. Murray and several others
indicated they had no records responsive to the request.
On January 3, 2017, Dulacki replied to the union and told them there were no records responsive to the request.
That same day, the union sent a modified request for the same records and Dulacki again responded that there
»ere nb responsive records.
Still on the same day, the union sent the same request to the district attorney's office. About a week later, the
union received a copy of Morrissey's May letter to White and White's June 3 response.
On January 27, 2017 — which was a Friday —a reporter in the Denver area contacted Dulacki to inform her he
had copies of both Morrissey's and White's letters. The reporter's producer sent copies of the letters to Dulacki
that afternoon, near the end of the business day and week.
On the following Monday, Dulacki brought the letters to White and asked why they weren't previously provided to
her. White's executive assistant looked for the letters in her files and was able to find copies of both letters, which
Dulacki sent that same day to the union.
The union filed a complaint with the district attorney's office alleging White and Murray had violated the Colorado
Open Records Act — a misdemeanor criminal offense at the time — and in March, the district attorney's office
opened an investigation.
INVESTIGATIONS
On May 25, 2017, District Attorney Beth McCann declined to file misdemeanor charges, citing the lack of
sufficient evidence to prove there was a "knowing and willing" violation of the open records act.
While McCann was critical of what she said was a "careless" handling of records, evidence was not produced
that would have proved "beyond a reasonable doubt" that a violation was committed.
"The public has the right to expect a quick and thoughtful response to CORA requests by city officials, particularly
by its police leadership," McCann said in a news release. "I urge the leadership of the Denver Department of
Safety and the Denver Police Department to examine and improve the process for responses to CORA
requests."
When the district attorney's office concluded its criminal investigation, the case was sent to an independent
investigator — Employment Matters, LLC, Flynn Investigations Group — for an administrative investigation.
The case was sent to an independent investigator in lieu of Denver Police Department Internal Affairs, which
typically handles such investigations — because White and Murray were higher ranking officers.
The investigation was also overseen by the Office of the Independent Monitor, a civilian oversight agency for
sheriff and police departments throughout Denver County.
The investigation found that while White's and Murray's treatment of open records was "careless" and needed
reform, mitigating factors explained some of the concerns stemmed from miscommunications.
In particular, the investigation found:
• Murray's response: Murray responded to the request saying he didn't have records responsive to the
request, when he knew of the letter's existence. Investigators found that Murray did not have the letter or
the response to the letter in his possession and other command staff sent the same reply to the email.
When White received the letter, he showed it to Murray but told him to stay out of it. Murray told
investigators that directive prevented him from any involvement in the records request.
• Dulacki's records search: Dulacki was not able to locate the letter although it was in the department's
possession. Investigators found Dulacki was not made aware of White's directive to Murray to stay out of
it. Dulacki's typical procedure when receiving a request was to forward them to a large group of recipients
who could have the records or know where to get them. She took the lack of response as indication that
they did not have records responsive to the request and did not include administrative assistants — such
as White's executive assistant, who had the letters in her files — because of the sometimes sensitive
nature of the requests.
When the investigation concluded, it was sent to the Denver Sheriff Department's Conduct Review Office,
which found enough evidence to recommend disciplinary action for "Conduct Prejudicial," which Vigil said is a
minor rule violation.
However, the recommendation was made before Murray had a chance to respond to the allegations in full,
provide additional evidence or tell his side of the story. Officials said putting forth a recommendation prior to a
person's testimony at a pre -disciplinary meeting is standard procedure.
Murray was able to respond before the investigation was forwarded on to the Denver Police Department's
Conduct Review Office. The office decided there was not enough evidence to prove the conduct violation and
recommended no disciplinary action.
The investigation results and the conduct review officials' recommendations were forwarded to the Denver
Department of Safety for a final decision. That agency oversees discipline for all Denver public safety agencies.
Department of Safety Deputy Director Eric Williams decided to exonerate Murray.
When White subsequently retired, now -Chief Paul Pazen was selected to lead the department. Murray reverted
back to his previous status as a lieutenant and went into the Public Affairs department. Some took this as a sign
that Murray was demoted, possibly in relation to the investigations.
Multiple sources, including Pazen's Communications Director Sonny Jackson, confirmed Murray's change was
not a demotion. Jackson, speaking on behalf of White, said it's common procedure for new chiefs to appoint their
own deputy chiefs and for previous deputy chiefs to go back to their old jobs.
Jackson added he had never seen a new chief retain an old chief's leadership appointments and that the entire
department was restructured under Pazen.
Murray will replace former Yakima police Chief Dominic Rizzi, who was fired by Moore last fall. Rizzi now works
as the Wapato police chief.
Moore released a memorandum Tuesday detailing the process he went through in choosing Murray as Rizzi's
successor.
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