Ethics - Law Enforcement - Whistleblowing - Tucson P.D.

Psych expert's suit vs. top cops headed for trial

http://kardasz.org/2005/12/whistleblowing.html By Becky Pallack ARIZONA DAILY STAR Tucson, Arizona | Published: 12.19.2005 Tucson police Chief Richard Miranda is one of three defendants in an upcoming trial stemming from a lawsuit that claims they retaliated against a psychologist by fixing a bid that cost him his contract with the department. Former police Chief Doug Smith and former Assistant Chief Jesse Ochoa are also named in the federal lawsuit filed by Kevin Gilmartin, a nationally recognized police psychology and ethics expert who helped establish the department's mental health unit in the 1970s. The trial is scheduled to begin in April in Tucson. Gilmartin's lawsuit, which was filed in 2000, does not specify damages he is seeking. Gilmartin claims his mental health group in 1998 lost a five-year, $550,000 city contract with Tucson police after he testified about unethical police conduct in 1997 in a separate federal case. That case was the result of a lawsuit brought against then police-Chief Smith by officers. Smith told several police officials afterward that he was angry about Gilmartin's testimony, according to depositions taken for the current lawsuit. The three police officials have said the new contract for mental health services was awarded in a legal and proper way, and they chose a different vendor for justified reasons. An attorney for the defendants did not return Arizona Daily Star phone calls. The city of Tucson was dismissed as a defendant in the case, and the Tucson Police Department was not named. In a deposition, Miranda, who was an assistant chief at the time, said Smith ordered him not to renew the contract for Gilmartin's group. Miranda said he followed the order, even though he thought Gilmartin and his staff were needed at the Police Department, court records show. U.S. Magistrate Judge Charles Pyle wrote in a report that Gilmartin's testimony in the other trial was protected by the First Amendment as a matter of public concern because it is "relevant to the public's evaluation of governmental officials and agencies" and because it contributed to the

resolution of a court case involving "significant government misconduct." "While the city must be allowed to make hiring decisions that reflect good use of the funds provided to the city by the public, the city must not be allowed to make those decisions for an illegal reason," the judge wrote in his review of Gilmartin's claims against the three police officials. Gilmartin and his company had served Tucson police for five years until 1998, providing mental health services such as psychological testing for applicants, psychological fitness exams for duty, responding to incidents and therapy for officers and their families. Under state and city law, when the services contract expired, a bid procedure was required. Miranda and Ochoa, who were part of the selection committee, reviewed two bids using score cards and judging the two companies on experience, work methods and fees, although they didn't use a scale. Other member of the selection committee aren't named in the lawsuit. Miranda and Ochoa "essentially ignored the criteria," said Richard Martinez, Gilmartin's attorney. Miranda and Ochoa had agreed to serve as impartial bid evaluators with no conflicts of interest, despite Smith's order to them, records show. And they tried to keep the bid evaluation proceedings secret, according to witness statements. Instead of Gilmartin, the city hired Sonora Behavioral Health Associates. The group didn't have as much experience working with police as Gilmartin's group, Martinez said. Ochoa didn't believe Sonora was a viable contractor based on financial records provided by a city auditor, he said in a deposition. But he denied knowing about Smith's dislike of Gilmartin. Another assistant chief at the time, Daniel Sharp, who now is police chief in Oro Valley, said in a deposition that the bid process was "improperly influenced" and that Gilmartin's group provided superior services to Tucson police. Sharp said in his deposition that Smith consistently eliminated anyone he "perceived as being disloyal." Gilmartin filed the federal lawsuit in 2000 after unsuccessful protests to the city. Two police unions also asked for an inquiry about possible flaws in the bid procedure and advised its members not to use Sonora Associates, the company that won the new bid. Through his chief of staff, Brett Klein, Miranda said the Police Department enjoys a professional working relationship with Gilmartin's group. Ochoa did not return Arizona Daily Star phone calls. Smith could not be reached for comment. Gilmartin must prove Smith's order led to the loss of his contract. It's up to a jury to decide whether the police

officials broke the law and harmed people "over a perception of disloyalty," Martinez said. Tucson police now use an in-house psychologist for its mental health services. Contact reporter Becky Pallack at 629-9412 or bpallack@azstarnet.com. Retrieved from: http://www.azstarnet.com/dailystar/dailystar/107587 Posted by Dr. Kardasz on December 29, 2005 12:21 PM | Per