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 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
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
INTERNAL AFFAIRS
OFFICER NOTIFICATION
C0-0211
Complaint Number
O f f i c ~ 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
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
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. 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 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
3
\
.,
INTERNAL AFFAIRS
WITNESS SERGEANT ADMONITION
Today's date is 03/17/11 at _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
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.
INTERNAL AFFAIRS
OFFICER NOTIFICATION
C0-0211
Complaint Number
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: 1 1 / ~ 0 00:00:00 To: 11/25/10 23:59:59
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Unit History For Unit: 1R15 From: 11/25/10 00:00:00 To: 11/25/10
05:30:40 (R10377) *LOGON #R _ _
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11:05:36 (R10377) *MISC #RP10069419 , 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
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11:35:29 *MISC
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, REMINQ: ACC/DFP.pkt port 1 xmtall id C
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13:10:47 (VC7483) ASSTER #RP10069426 T/DOMP
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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
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07:42:23
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16:18:46 (******) REMINQ
16:19:36 REMINQ
16:19:41 REMINQ
16:20:46 REMINQ
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#RP10069419
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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
-- ,,.
. . .

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

(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--: ... =-=1 1 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 in this request is true and correct
if- K-;o1
Date f ;l;,t/; {)
Date rrt--
RPD012 08/27/09
T/-hrr.>!L(;. 8 t VI
Case Number (if applicable)
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 Hours
[ ] Straight Time, Patrol Tmg (PT2)
[ ] Straight Time, Other (STO)
[ J Straight Time, (STO)
[ ] HITO -Emphasis Patrols

Date ( ----r '
in this request is true and correct
I(-). S'-A 0
Date
Date
--
-------
l1\10NTB
1

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

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
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 -(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
leave time or falsification of any information contained
APPROVED: I .JW f I fj \. I
~
-.;
.... LEA VEREOUESY. . .
.::
bmz Ftelt ~ c o - ; ; 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
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
Personal Leave
Personal Leave Sick
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
\ . .,
. ". ' . . .
,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
~ ~
'
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
..... . ..
(
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

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Roll Call Training (topic/brief description, time spent, & instructor):
RPDJ 08 06/25/98
IF ROLL CALL TR.AIN'mG IS CONDUCTED, FORWARD A COPY OF THE DA.IL Y ASSIGNMENT
SHEET TO THE TR.AIN'mG OFFICER.
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
A p p ~ ~ v e d
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
-
S
1055 S Grady Way
Renton, WA 98057
425 430-7643
Note Addr-ess Change: bjudd@rentonwa.gov
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: ~ a y , 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
Opportunity
The next step in the is for me to make my findings and discipline

I
Date Date
(
POLICE DEPARTMENT
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
April 19, 2011
Office
Opportunity
~ I I
'-( /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
Opportunity
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 e W " ~ " !
Patrol Services Commander
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<. M. Curry
Commander
Pre-Loudermill Opportunity C0-02-11
On April19, 2011 you were provided a copy of internal C0-02-11 by Deputy Chief
Marsalisi. Part of that internal included Commander Leibman's findings and discipline
recommendations.
You were previously scheduled for a meeting with Deputy Chief Marsalisi that was
canceled by an email Chief Milosevich sent to you on April 25, 2011 at 1055 hours. The
next step in this process is for me to make my findings and discipline recommendations
and forward them to Chief Milosevich. You have had the opportunity to review the
investigation and now can choose to meet with me to share any additional information
that may help me in my decision process.
Please sign and return this c ~ p y to me acknowledging your receipt of this notification.
t * ~ J
Date
4. /uhwtt
i I f
Date
POLICE DEPARTMENT
DATE:
TO:
FROM:
SUBJECT:
M E M 0 R A N D U M
April 28, 2011
Officer
1<. M. Curry
Commander
Marsalisi. Part of that internal included Commander Leibman's findings and discipline
recommendations.
and forward them to Chief MUosevich. You have had the opportunity to review the
Please sign and return this copy to me acknowledging your receipt of this notification.
t-\. I z. / z o I}
Date
POLICE DEPARTMENT
DATE:
TO:
FROM:
SUBJECT:
M E M 0 R A N D U M
April 28, 2011
Serge
1<. M. Curry
Commander
Marsalisi. Part ofthat internal included Commander Leibman's findings and discipline
recommendations.
and forward them to Chief Milosevich. You have had the opportunity to review the
Please sign and return this copy to me acknowledging your receipt of this notification.
y f z . ~ b , ,
j
Date Date
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 6t
11
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<Ft"f
. dtrol Services Commander
425.430.7555
Integrity, Service, Valor, Professionalism ... Renton Police Department
1
Kent M Curry
from:
!nt:
Cc:
Kent M Curry
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.

n1trol Services Commander
.mton Police Department
425.430.7555
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
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"!
425.430.7555
1
Kent M Curry
F. rom:
mt:
.o:
Cc:
Subject:
Kent M Curry
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 - ~ r t eat<"t<-f
425.430.7555
1
Kent M Curry
From:
mt:
.a:
Cc:
Kent M Curry
-20111:14PM
Subject: Pre-Loudermfll Opportunity C0-02-11
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<'l"!!
425.430.7555
1
Kent M Curry
!=rom: Kent M Curry
~ M a y 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
425.430.7555
Integrity, Service, Valor, Professionalism... Renton Police Department
1
Kent M Curry
Kent M Curry !=rom:
mt:
.o:
12, 2011 11:39 AM
Subject: 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
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, 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 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
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
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.
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
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.
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.
this state, the ordinances of the City of Renton, these Rules of Conduct, or any
caus them to neglect, or be inattentive to duty.
.performance, the following will be considered prima facie evidence of
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 , Several
discrepancies between their accounts 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
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
-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 tha
is 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
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
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 .
-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 ~ r c h 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 wi
He 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 O f f i 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."
this state, the ordinances of the City of Renton, these Rules of Conduct, or any
cause them to neglect, or be inattentive to duty.
performance, the following will be considered prima facie evidence of.
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
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
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 through
relatively 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
' I
DATE:
TO:
FROM:
SUBJECT:
POLICE DEPARTMENT
MEMORANDUM
October 3, 2005
Offi
Sergeant C. Wilcox
Performance Action Plan

f

(

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
1
0fficer 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<.
Prior to the second Commander Leibman rightfully provided Sergeant-
with the
1
0fficer Notification' explaining additional allegations he was being investigated
for that were revealed during the course of the internal. Those additional allegations
were documented as: General Orders 26.1.1.11.TT- Truthfulness and
Insubordination.
Commander Leibman documented his findings and recommendations in a
memorandum addressed to the Chief on April11, 2011. In that document Commander
Leibman addresses two additional violations (G.O.'s 11.3.1.8 & 11.3.2) that were not
documented in the first
1
0fficer Notification' issued to and signed by Sergeant.
I believe this is a procedural violation and as such I cannot issue findings and
recommendations on those two alleged General Order violations.
The investigation reveals that Sergeant .. organized a football game to be played on
Thanksgiving Day on November 25, day was the
1
middle day' of their three
day rotation. Sergeant. along with Officer Barfield were previously scheduled off on
personal leave that day, leaving OIC-and 5 officers (one for each of the 5 south
districts) remaining to work that day.
Previous to that holiday, Sergeant. gave permission for Officers and-
to leave their assigned posts and play in the football game. Sergean did not seek
permission from his Commander to authorize staffing below what was required, and
knew or should have known that the North Sector staffing was compromised and a
department member was called in to work overtime on that holiday. The department
member that was called in to work overtime. that day had previously committed to
playing in the football game but had reconsidered due to working overtime during the
time the game was being played.
h:\pat_serv\cmdr curry\intemal investigations\2011 \co 02 1 findings and
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Page 3 of6
May 9, 2011
Sergeant-by his own admission during 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 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
1
double 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.
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
Page 4 of6
May 9, 2011
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
Not Sustained
There clearly is not enough solid evidence to sustain a finding of insubordination.
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 .
Page 5 of6
May 9, 2011
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
clearly and effectively communicate to Officers-and -that personal leave
should be used for the time leading up, .during 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 that requires progress reports every three
h:\pat_serv\cmdr curry\internal investigations\2011 \co 02 1 findings and
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Page 6 of6
May 9, 2011
months. Any unsatisfactory performance report given during the 12-month action
plan period would be grounds for permanent demotion.
h:\pat_serv\cmdr curry\intemal investigations\20 11 \co 02 11. findings and
recommendations.doc
Discipline
Recommendations
POLICE DEPARTMENT
MEMORANDUM
DATE: April 20, 2011
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.
Page 2 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 h a ~ 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. was the Officer in Charge on the date of the Turkey Bowl. It was his
responsibility to ensure that there were proper resources available for response to calls
for service and maintain the safety of officers handling those calls. Officer. should
have ensured that all daily documentation was accurate, including the holiday overtime
slips completed by Officers-and-
Based upon the sustained allegations and taking Officer-past lack of having
disciplinary actions, I recommend the following discipline:
One 12 hour day off without pay
Findings and Recommendations -
,: .- '-
. ~ . ..
' .
Discipline
Recommendati ns
POLICE DEPARTMENT
M E M 0 R A N D U M
DATE: May 9, 2011
SUBJECT: Findings and Recommendations C0-02-11- Offi
I have reviewed the information contained in the lnvestigatio
Commander Leibman. On May 5, 20111 met with Officer
discuss the incident and to allow him to provide additiona
these findings and recommendations.
nducted by
t his request to
ation prior to making
Officer- advised me that he wanted to take full responsibility ofthe incident. He
does not wish to dispute anything in the investigation. He never intended to defraud
the City of 2 hours leave nor the additional two hours of overtime. Officer-
advised that this the first time in his 20 year employment history that he has been the
subject of an internal investigation.
He felt that the recommended discipline from Commander Leibman was too severe
given the circumstances of the incident and that this is his first documented and
investigated complaint. He fully understands the need to make the city whole
financially by returning the leave and overtime. He requested that if the final discipline
included time off without pay, that he be allowed to use accrued leave in lieu of actual
reduction in pay. He felt that if he were to lose pay that it would be a hardship on his
wife and children and he didn't want them to suffer for his conduct.
Findings:
A. Violations of Rules- Members of the Police Department shall not commit any acts,
Not Sustained
Page 2 of4
May 9, 2011
afforded the opportunity to participate in a RPAA sponsored
football game that was scheduled on Thanksgiving Day and during the hours that
he was scheduled to work.
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.
Unfounded
This General Order clearly established a requirement for reporting for duty.
There is no evidence in this investigation that demonstrates that Officer-
did not report for duty at the time and place required by his
assigned to the Patrol Operations Division on the 1A South squad. There is no
indication that Officer -was not properly equipped or not cognizant of
information required for the performance of his duties. There was a time when
he left his assigned post and during that time he was not have available to
immediately assume his duties, nor was he properly equipped but I believe there
is an argument that can be made in his favor that permission was given by his
direct supervisor for him to leave his post.
F. Neglect of Duty- Members ofthe Police Department shall not commit any acts
state, the ordinances of the City of Renton, these Rules of Conduct, or any other
Not Sustained
Nothing in this investigation demonstrates that Officer -was negligent of
his duties. Officer -was not on post and available to respond to call for
one reason and one reason only. He was given permission to leave his post and
authorized to participate in a non-duty related function. This permission was
provided by his sergeant and only for the duration of the planned event.
authority.
Exonerated
h:\pat_serv\cmdr curry\intemal investigations\20 11 \co 02 11 findings and
recommendations.doc
Page 3 of4
May 9, 2011
Officer -did leave his post, but it was planned and authorized by his
Sergeant.
shall maintain sufficient competency to properly perform their duties, and assume
failure to take appropriate action on the occasion of a crime, disorder, or another
facie evidence of unsatisfactory performance: repeated poor evaluations, or a
the Department.
Sustained
One of the work standards established for Officer-grade and position is
one that requires the officer to accurately account for and report their duty hours
and overtime hours. Officer -clearly did not conform to established and
demonstrated work standards when documenting hours worked.
Officer- was given permission and maybe even enticed by his direct
supervisor to participate in the game. Officer-submitted his ITS and did not
account for the time he was not in uniform and not on-duty. His ITS should have
reflected 2 hours of personal time for. the period he was not on duty but pursuing
other activities. Additionally Officer-should not have submitted an overtime
slip for the entire shift. It would have been proper for him to submit an overtime
slip according to the collective bargaining agreement only for the time he was
actively on-duty and not for the time he was interest activity such
as participating in the football game. Officer -performance clearly is not
satisfactory and did not conform to established and demonstrated work standards.
Unfounded
h:\pat_serv\cmdr curry\internal investigations\2011 \co 02 11
recommendations.doc
fmdings and
Page 4 of4
May 9, 2011
Nothing in the investigation indicates that Officer -was insubordinate.
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 ariswer
Unfounded
Nothing in the investigation indicates that Officer
incident that was being investigated or during the
Recommendation
s untruthful during the
Although I have never had the opportunity to work with Officer-! concur
with Commander's assessment of Officer --eputation.
Officer- expressed that he clearly understands that this was an oversight
and that he wants to take responsibility. During the Pre-Loudermill hearing he
assured me that an incident like this has not happened previously and would
never happen again involving himself.
I have reviewed file. He hired on with the Renton
Police Department on April 16, 2008 as a Lateral Police. Officer. His latest
evaluation demonstrates that he does meet standards and does not show any
areas of needs improvement or unsatisfactory performance. Officer-
was given verbal counseling in November 2008 for a driving incident. I did not
take the previous discipline into account when making my recommendations on
this matter.
I recommend that Officer -payroll be adjusted to compensate for the
straight time and overtime he was overpaid on November 25, 2010. I further
recommend that he be given a letter of reprimand.
h: \pat_ serv\cmdr curry\intemal investigations\20 11 \co 02 findings and
recommendations. doc
i,-' ..
iscipline
Recomm ndations
POLICE DEPARTMENT
M E M 0 R A N D U M
DATE: May 11, 2011
SUBJECT: Findings and Recommendations C0-02-11- Officer-
I have reviewed the information contained in the Investigation conducted by
Commander Leibman. Today I met with Officer-at her request to discuss the
incident and to allow her to provide additional i ~ a t i o n prior to making these
findings and recommendations.
Officer -advised me that this was the first time in her career that she has ever
been involved in a disciplinary matter and she was embarrassed and felt a huge amount
of remorse over the incident. She would have hoped that she could have gone her
entire career without being involved in an internal investigation. She never intended to
defraud the City of 2 hours leave nor the additional two hours of overtime but stated
there was not clear direction given to her regarding taking leave to play. She stated
direction was not given to her, she would have remember and complied if her
supervisor had told her that she had to take leave if she was going to play in the game.
She simply stated it did not happen. Because she was not given clear direction, she
thought the situation similar to taking the physical fitness test on-duty and not having to
put in personal leave to participate.
She felt that the recommended discipline from Commander Leibman was too severe
given the circumstances of the incident and that this is her first documented and
investigated complaint. She fully understands the need to make the city whole
financially by returning the leave and overtime. She requested that if the final discipline
included leave without pay, that she be allowed to use accrued leave in lieu ofactual
reduction in pay. She stressed that it would be a financial hardship if she were to see a
12-hour reduction in pay on her check.
Findings:
A. Violations of Rules- Members of the Police Department shall not commit any acts,
Page 2 of4
May 11,2011
Not Sustained
Officer. was afforded the opportunity to participate in a RPAA sponsored
football game that was scheduled on Thanksgiving Day and during the hours that
she was scheduled to work.
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.
Unfounded
This General Order clearly established a requirement for reporting for duty.
There is no evidence in this investigation that demonstrates that Officer-
did not report for duty at the time and place required by her assignment. She is
assigned to the Patrol Operations Division on the lA South squad. There is no
indication that Officer-was not properly equipped or not cognizant of
information required for the performance of her duties. There was a time when
she left her assigned post and during that time she was not have available to
immediately assume her duties, nor was she properly equipped but I believe
there is an argument that can be made in her favor that permission was given by
her direct supervisor for her to leave her post.
F. Neglect of Duty- Members ofthe Police Department shall not commit any acts
state, the ordinances of the City of Renton, these Rules of Conduct, or any other
Not Sustained
Nothing in this investigation demonstrates that. Officer-was negligent of
her duties. Officer-was not on post and available to respond to call for one
reason and one reason only. She was given permission to leave her post and
authorized to participate in a non-duty related function. This permission was
provided by her sergeant and only for the duration of the planned event.
h:\pat_serv\cmdr curry\internal investigations\20 11 \co 02 1 findings and
recommendations.doc
Page 3 of4
May 11, 2011
authority.
Exonerated
Officer-did leave her post, but it was planned and authorized by his
Sergeant.
shall maintain'.sufficient competency to properly perform their duties, and assume
failure to take appropriate action on the occasion of a crime, disorder, or anther
facie evidence of unsatisfactory performance: repeated poor evaluations, or a .
the Department.
Sustained
One of the work standards established for Officer -grade and position is
one that requires the officer to accurately ac'count for and report their duty
hours and overtime hours. Officer-clearly did not conform to established
and demonstrated work standards when documenting hours worked.
Officer-was given permission and maybe even enticed by her direct.
supervisor to participate in the game. Officer- submitted her ITS and did
not account for the time she was not in uniform and not on-duty. Her ITS should
have reflected 2 hours of personal time for the period she was not on-duty but
pursuing other activities. Additionally Officer-should not have submitted
an overtime slip for the entire shift. It would have been proper for her to submit
an overtime slip according to the collective bargaining agreement only for the
time she was actively on-duty and not for the time she was pursuing personal
interest activity such as participating in the football game. Officer-
performance clearly is not satisfactory and did not conform to established and
demonstrated work standards.
h:\pat_serv\cmdr investigations\20 11 \co 02 1 -findings and
recommendations.doc
Page 4 of4
May 11,2011
Unfounded '
Nothing in the investigation indicates that Officer .was insubordinate.
superior officer, members of the Police Department shall fully and truthfully answer
Unfounded
Nothing in the investigation indicates that Officer-was untruthful during the
incident that was being investigated or during the interviews.
Recommendation
Although I have never had the opportunity to work with Officer .I concur with
Commander's assessment of her reputation.
Officer- expressed that he clearly understands that this was an oversight and
that s h ~ s to take responsibility. During the Pre-Loudermill hearing she assured
me that an incident like this has not happened previously and would never happen
again involving herself.
I have reviewed Officer- personnel file. She hired on with the Renton Police
Department on November 1, 2007 as a Lateral Police Officer. The latest
documented evaluation in the file demonstrates that she does meet standards and
does not show any areas of needing improvement or unsatisfactory performance.
Officer-was given verbal counseling in April of 2008 for a driving incident. I did
not take the previous discipline into account when making my recommendations on
this matter.
I recommend that Officer- payroll be adjusted to compensate for the straight
time and overtime she was overpaid on November 25, 2010. I further recommend
that she be given a letter of reprimand.
h:\pat_serv\cmdr curry\intemal investigations\2011 \co 02 1 - findings and
recominendations.doc
POLICE DEPARTMENT
M E M 0 R A N D U M
DATE: May 13, 2011
TO: Officer
FROM: Kevin Milosevich, Chief of Police
Intent to Discipline C0-0211 SUBJECT:
I have received and reviewed the investigation that was conducted by Commander
David Leibman. I have also reviewed the findings and discipline recommendations of
both Commander Leibman and Commander Curry.
Violation of General Orders 26.1.l.II.K- Unsatisfactory Performance
Finding: Sustained
On November 25, 2010 while being compensated at the double time rate, you dressed
downed to participate in a flag football game that was organized by your sergeant-
_,
The investigation revealed that:
You were asked to participate by Sgt.
You were on duty during your participation
Your squad was at minimum staffing
The north sector was below minimum staffing
Both Sgtand OIC .were aware of your participation
And that you received no direction from Sgt. on how to account for your
time.
Discipline Recom11.1endation:
Verbal Counseling
Reimbursement to the city the value of the compensation you
received for the 2.5 hours of absence on November 25, 2010
While receiving approval from your supervisor to participate, the city cannot
compensate you for time not worked. The correct actions under this circumstance
would have been to adjust your work time to be consistent with your actions.
Your supervisor(s) through their actions and inactions did not provide you with the
appropriate information that is expected and therefore that is where I will assign the
majority of the blame.
The Department's General Orders outlines your appeal rights. Please notify Sherry
Smith within five (5} days of receiving this memo if you wish to dis'cuss this discipline
recommendation or request to exercise your appeal options.
After notification, I will schedule the appropriate meeting or review board. I will then
notify you of my final decision.
I have received a copy of the intent to discipline memorandum.
Officer
POLICE DEPARTMENT
M E M 0 R A N D U M
DATE: May 13, 2011
TO: Officer .
Violation of General Orders 26.1.1.11.K- Unsatisfactory Performance
Finding: Sustained
downed to participate in a flag football game that was organized by your sergeant -11
- .
The north sector was below minimum staffing .
Sgt.and OIC.were aware of
And that you received no direction from Sgt .. on how to account for your
time.
Discipline Recommendation:
Verbal Counseling
Reimbursement to the city the value of the compensation you
.compensate you for time not worked .. The correct actions under this circumstance
Your sup.ervisor(s) through their actions and inactions did not provide you with the
appropriate that is expected and therefore that is where I will assign the
The Department's General Orders your appeal rights. Please notify Sherry
Smith within five (5) days of receiving this memo if you wish to discuss this discipline
recommendation. or request to exercise your appeal options.
Date
POLICE DEPARTMENT
MEMORANDUM
DATE: May 13, 2011
icer TO:
FROM: Kevin Milosevich, Chief of Police ~
both Commander Leibman and Deputy Chief Marsalisi.
Finding: Sustained
On Thanksgiving, November 25, 2010 you were the designated officer-in-charge of the
south-sector during dayshift. Two of the officers under your supervision dressed down
and participated in a flag football game that was coordinated by your sergeant.

You knew in the beginning of November that a flag football game was being
organized for Thanksgiving by
Sgt.authorized both Officers and- to participate in the flag
football game.
You were the designated OIC on November 25, 2010.
Your squad was at minimum staffing on the 25th.
You also knew at the beginning of shift on the 25th that you were losing Officers
-and-from patrol while they were participating in t h ~ flag football
game.
You signed or approved both-and-overtime slip forthe entire
day.
Discipline Recommendation: Twelve (12} hour suspension without pay
I
As the officer-in-charge you have the responsibility to ensure that your squad was
prepared to respond to law enforcement requests for service. Allowing two of your
officers to participate in a flag football game reduced our readiness levels.
Also, as the officer-in-charge your responsibilities includes the proper time keeping for
the day. Allowing two officers to submit overtime for time not worked is not
acceptable.
Your responsibilities and discipline is mitigated by the fact that Sgt .previously
approved the participation of the two officers.
Smith within five {5) days of receiving this memo if you wish to discuss this discipline
I have received a copy ofthe intent to discipline memorandum.
Date
POliCE DEPARTMENT
MEMORANDUM
DATE: May 17, 2011
geant TO:
FROM: Kevin Milosevich, Chief of o l i c e ~
On November 7, 2010 you sent an email via Org Police All announcing the Turkey
Bowl II to be played on November 25, 2010 (Thanksgiving Day).
Your patrol squad 1A South was scheduled to work on this day. Squad members
included Officers-- and-
You were not assigned to work this day.
Your squad was at minimum staffing, and the North squad had to bring one
officer in on overtime to meet minimum staffing.
You authorized officers -and-to participate in the event, reducing
staffing by two officers for over two hours.
Officer-as the officer-in-charge.
Both Officers-and-were compensated at the double-time rate for
the two plus hours that they participated in this event.
Violation of General Orders 26.1.1.11. 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.
Finding: Sustained
Violation of General Orders 2G.l.l.II.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 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 infract(ons
of rules, regulations, directives, or orders of the Department.
Finding: Sustained
This finding is based on:
You are the sergeant in charge of Patrol Squad 1A South.
You were on duty the day prior Thanksgiving and the day after.
You violated the Department's minimum staffing policy by allowing Officers
-and-to participate in this event for over two hours.
You equate participation in this event no different than training, warrant meets
or other "Department Function".
You failed to coordinate with the supervisor of 1A North.
You failed to communicate or failed to be specific to Officer's --or
-as to how they were to account for their time. In your first statement you
stated:
o If it ~ u i e t you can sneak away type of deal.
o That .. had no involvement in the decision making on letting them
play.
o That you told-and-to take time off. (p.S)
o That you had a short conversation ... you didn't know if it was with one of
them or both of them. (p.6)
o "It was a very short conversation and when I left the conversation I
assumed that they understood that if they were gone 90 minutes or an
hour, that they would take the time off. Obviously that did not get
relayed." (p. 7)
In your second statement you stated:
o That you don't remember if you spoke with - r both, that
you did not give a directive to take time off.
(
You failed to follow up on Friday the 26th of November to ensure that time off
slips were completed for the prior day.
You favored building camaraderie over readiness.
Violation of General Orders 26.1.1.11.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.
Finding: Not-Sustained
The investigation clearly shows that you failed in several areas to properly notify all
. affected officers. In your failure, you attempted to assign blame to Officers-and
-for failing to account for their time accordingly. In your statement you ranged
from "I told them" to "I don't remember if I spoke with one or both", to "I don't recall".
While I cannot sustain this allegation, you were clearly evasive or guessing at what
exactly took place.
Discipline Recommendation: Forty-eight (48) hour suspension without pay
This investigation shows a serious lack of supervisory control regarding:
Minimum staffing
Timekeeping
Squad expectations
I am concerned that you are building a culture on your squad where the rules do not
matter, or they can be adjusted to fit your personal goals.
Rather than accepting fault, you have attempted to deflect blame on others. This is a
rather disturbing trend, since Commander Leibman has documented a similar event in
your most recent evaluation that has been on hold pending an outcome of this internal
investigation.
In this documented event, you again have failed to accept responsibility and to place the
blame on your subordinates. This pattern was preceded by another incident in
September of 2008 that was documented in your probationary evaluation.
Smith within five (5) days of receiving this memo if you wish to discuss this discipline
Date
/
POLICE DEPARTMENT
M E M 0 R A N D U M
DATE: May 18,2011
TO: Officer " C ..
FROM: Kevin Milosevich, C h i ~ f of Police V'
Discipline C0-0211 SUBJECT:
I have received. and reviewed the investigation that was conducted by Commander
both Commander Leibman and Deputy Chief Marsalisi.
Finding: Sustained
On Thanksgiving, November 25, 2010 you were the designated officer-in-charge of the
soutb-sector during dayshift. Two of>the officers under your supervision dressed down
.articipated in a flag football game that was coordinated by your sergeant-
You knew in the beginning of November that a flag football game was being
organized for Thanksgiving by Sgt
Sgt.authorized both Officers and-to participate in the flag
football game.
You were the designated OIC on November 25, 2010.
Your squad was at minimum staffing on the 25th.
You also knew at the beginning of shift on the 25th that you were losing Officers
-and .from patrol while they were participating in the flag football
game.
You signed or approved both-and-- overtime slip for the entire
day. .
Discipline: Letter of Reprimand
(
. '.
As the officer-in-charge you have the responsibility to ensure that your squad was
prepared to respond to law enforcement requests for service. Allowing two of your
officers to participate in a flag football game reduced our readiness levels.
Also, as the officer-in-charge your responsibilities includes the proper time keeping for
the day. Allowing two officers to submit overtime for time not worked is not
acceptable.
Your responsibilities and discipline is mitigated by the fact that Sgt.previously
approved the participation of the two officers.
This morning, a Loudermill Hearing was held in my office with both you and your Guild
Representative- Craig Sjolin in attendance. During this meeting you stated:
.In your thirteen years with the Department you have never been disciplined.
That if this was your squad, this would have never happened.
That you accept responsibility and have used this as a learning opportunity.
Sgt .placed you in the terrible position, and that you carried out his direction. We
discussed that in the future you need to respectfully inform your supervisor of what
they need to hear, not just what they want to hear.
I would like to thank you for both taking responsib_ility for your actions, and for taking
the high road during this process.
The Department's General Orders and the Collective Bargaining Agreement outline your
appeal rights.
I have received a copy of this Letter of Reprimand.
Office oate
POLICE DEPARTMENT
MEMORANDUM
DATE:
TO: Officer .
FROM: Kevin Milosevich, Chief of Police ~
. Discipline C0-0211 SUBJECT:
Finding: Sustained
downed to participate in a flag football game that was organized by your sergeant -11
1111 ' .
Both Sgt.and OIC .were aware of your participation .
And that you received no direction from Sgt.on how to account for your
time.
Discipline:
I
Verbal Counseling
Reimbursement to the city the value of the.compensation you
On May 13, 20111 provided the intent to discipline to you. During this meeting you
stated that you accept the discipline recommendation and chose not to meet with me
again.
In the near future, you will be notified in regards to the manner in which the city will be
reimbursed. I willconsider our conversationas the verbal counseling.
The Department's General Orders and the.Collective Bargaining Agreement outline your
appeal rights.
I have 'received a copy ofthe discipline memorandum.
Office Date
(
POliCE DEPARTMENT
MEMORANDUM
DATE: May 18, 2011
TO:
Officer /
FROM: Kevin Milosevich, C h i ~ f of Police&'-\
Discipline C0-0211 SUBJECT:
Finding: Sustained
downed to participate in a flag football game that was organized by your sergeant- .
- .
You were asked .to participate by Sgt.
Both Sgt. and OIC. were aware of your participation
And that you received no direction from Sgt. on how to account for your .
time.
Discipline:
Verbal Counseling
. Reimbursement to the city the value of the compensation you
While'receiving approval from your su'pervisor to participate, the city cannot
(
On May 13, 20111 provided the intent to discipline to you. During this meeting you
stated that you accept the discipline recommendation and chose not to meet with me
again.
In the near future, you will be notified in regards to the manner in which the city will be
reimbursed. I will consider our conversation as the verbal counseling.
The Department's General Orders and the Collective Bargaining Agreement outline your
appeal rights.
I have received a copy of the discipline memorandum.
Date
':.
POLICE DEPARTMENT
M E M 0 R A N D U M
DATE: June 6, 2011
TO:
DisCipline C0-0211 SUBJECT:
On November 7, 2010 you sent an email via Org Police All announcing the Turkey
Bowl II to be played on November 25, 2010 (Thanksgiving Day).
Your patrol squad 1A South was scheduled to work on this day. Squad members
included Officers- and..
You were not assigned to work this day.
Your squad was at minimum staffing, and the North squad had to bring one
officer in on overtime to meet minimum staffing.
You authorized officers -and-to participate in the event, reducing
staffing by two officers for over two hours.
Officer-was the officer-in-charge.
Both Officers-and-were compensated at the double-time rate for
the two plus hours that they participated in this event.
Violation of General Orders 26.1.1.11. F- Neglect of Outy
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.
Finding: Sustained
Violation of General Orders 26.1.1.11.1<- Unsatisfactory Performance
Commissioned members of the Police Department shall maintain sufficient
competency to properly perform their duties, and assume the responsibility of their
p;;ftions. 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 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 off/cer's rank, grade, or position, the failure to take appropriate
action on the occasion of a crime, disorder, or othercondition 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.
Finding: Sustained
This finding is based on:
. You are the sergeant in charge of Patrol Squad lA South.
You were on duty the day prior Thanksgiving and the day after.
You violated the Department's minimum staffing policy by allowing Officers
-and-to participate in this event for over two hours.
You equate participation in this event no different than training, warrant meets
or other "Department Function".
You failed to coordinate with the supervisor of lA North.
You failed to communicate or failed to be specific ~ Officer's. -or
-as to how they were to account for their time. In your first statement you
stated:
o If it was quiet you can sneak away type of deal.
o That had no involvement in the decision making on letting them
play.
o That you told- and-to take time off. (p.S}
o That you had a short conversation ... you didn't know if it was with one of
them or both of them. (p.6)
o "It was a very short conversation and when I left the conversation I
assumed that they understood that if they were gone 90 minutes or an
hour, that they would take the time off. Obviously that did not get
relayed." (p. 7)
In your second statement you stated: .
o That you don't remember if you spoke with - r both, that
you did not give a directive to take time off.
You failed to follow up on Friday the 26th of November to ensure that time off
slips were completed for the prior day.
You favored. building camaraderie over readiness.
Violation of General Orders Truthfulness
Upon the order of the Chief of 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.
.Finding: Not-Sustained
The investigation clearly shows that you failed in several areas to properly notify all
affected officers. In your failure, you attempted to assign blame to Officers -and
-for failing to account for their time accordingly. In your statement you ranged
1
from
11
1 told them" to "I don't remember if I spoke with one or both", to "I don't recall".
While I cannot sustain this allegation, you were clearly evasive or guessing at what
exactly took place.
Pre-discipline Hearing
A brief meeting was held on Thursday, June 2, 2011. Present with you was Hillary
McClure, RPOG Attorney. During this meeting, you stated:
That you accept responsibility for your actions.
That you have time to think retrospectively about your actions.
That recently you have changed your practices to ensure that this does not
happen again. This would include:
o Discussed expectations with your squad in regards to conforming to work
hours.
o That you take the monthly ITS approval serious to prevent any oversight.
o That you communicate better your staffing issues with the North Sector
Sergeant.
o That you are committed to commun.icate more with your supervisor.
That yo.u have always been loyal to the Department
Guild Attorney McClure stated:
That you have learned your lesson that you will check overtime more closely to
avoid future problems.
That the discipline recommended is excessive, that it is punishment versus the
intent to correct behavior which has already been accomplished by this internal.
That the discipline amounts to app.roximately $2,000.00 which does not equal
learned behavior.
That the ultimate goal is to change behavior not punish.
Discipline: Forty-eight (48) hour suspension without pay
This investigation shows a serious lack of supervisory control regarding:
o Minimum staffing
o Timekeeping
e Squad expectations
While you have stated in the pre-discipline hearing that you accept responsibility for
your actions, I do not believe you have. This incident was all pre-arranged.by you, yet to
continue to deflect blame on others. This is a rather disturbing trend, since Commander
Leibman has documented a similar event in your most recent evaluation that has been
on hold pending an outcome of this internal investigation.
In this documented event, you again have failed to accept responsibility and to place the
blame on your subordinates. This pattern was preceded by another incident in
September of 2008 that was documented in your probationary evaluation.
As a sergeant, it is expected you will closely monitor work hours, payroll, and ensuring
that you comply with department practices.
I am concerned that you are building a culture on your squad where the rules do not
matter, or they can be adjusted to fit your personal goals.
The Department's General Orders and the collective bargaining agreement outline your
appeal rights.
I have received a copy of the discipline memorandum.
Date
LEAVE REQUEST
Department/Division Date of Request
PERIOD FOR WHICH LEAVE UESTED
2 3 4 5 6 7 8 9 10 11 12 13 14 15
16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
REASON FOR LEAVE Cif applicable): 1 'L H J\ \ f

TYPE OF LEAVE
Compensatory Time
Duty Related -Illness
Funeral Leave
Military Leave
Unpaid Leave
Jury Duty
RPD023 - Rev. 01/21/08
2
16 17
USE
CODE
AL
COMP
JI
FL
ML
A
JD
TYPE OF LEAVE
Personal Leave
Personal Leave Sick
Sick - (Family Paid)
USE
CODE
EHA
PL
PLS
s
SDHC
TT
TO
I certifY that this is true and correct and in accordance
leave time or falsification of any information ""r't"i'n"rf
LEAVE REQUEST
(Last, First, Initial) Department/Division Date of Request
PERIOD FOR WHICH LEAVE
3 4 6 7 8 9 10 11 12 13 14 15
18 19 21 22 23 24 25 26 27 28 29 30 31
REASON.FOR LEAVE (if applicable): I L Nll
TYPE OF LEAVE
.. compensatory Time
Duty Related - Illness
Funeral Leave
, Military Leave
:Unpaid Leave
.Jury Duty
RPD023- Rev. 01/21
AL
COMP
Jl
FL
ML
A
JD
TYPE OF LEAVE
Personal Leave
Personal Leave Sick
Sick - (Family Paid)
EHA
PL
PLS
s
SDHC
TT
TO
I certifY that this is true and correct and in accordance
leave or falsification of any information contained

93 - Renton Police Department Public Records

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93 - Renton Police Department Public Records

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