Today's date is April23, 2009 _____ at /J() 0 03-09 Complaint Number hours. I am Commander Charles Karlewicz interviewing Sergeant ____ _ regarding a complaint of City Policy 300-3 Harassment, General Order 1.3.1 Use of Force, General Order 26.1.1B Unbecoming Conduct, General Order 26.1.1YY Ethics, Auxiliary Services SOP 038, Employee/Inmate Fraternizing
which is alleged to have"between June 2008 to April2009 at unknown hours. ;;;;;.S.;:.er=-zg""e;..;;a;:;:n:..::.t:..::.J""'o=h=n..;:D;;..:i""C;;.:r..;:o""'c..;;;.e________ , do you understand that this conversation is being tape recorded? (Yes or No) Sergeant , do you wish to have a Guild Representative present during this interview? (Yes or No) \ Let the record reflect that Sf;p J1of!C\ is present. Please aclmowledge your presence by stating your name. (Stating ofName) Sergeant , prior to this interview, were you given the opportunity to read the complaint of this incident? (Yes or No) Were you given an opportunity to consult with your Guild Representative prior to this interview? (Yes or No) Sergeant , I wish to advise you that you are being questioned as part of an official investigation ofthe Renton Police Department. You will be asked questions specifically directed and narrowly related to the performance of your official duties or fitness for office. 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. You are entitled to all the rights and privileges guaranteed by law and the Constitution of the United States, including the right not to be compelled to incriminate yourself. I further wish to advise you that if you refuse to testify or answer questions relating to the performance of your official duties or fitness for duty, you will be subject to departmental charges which could result in your dismissal from the Renton Police Department. If you do answer, neither your statements nor any information or evidence which is gained by reason of such statements can be used against you in any subsequent criminal proceeding. these statements may be used against you departmental charges. Guild Representative PD _ Admin/Milosevich/COForms STATEMENT OF JAIL SERGEANT COMPLAINT NUMBER: C0-03-09 INTERVIEWER: Commander Chad Karlewicz LOCATION: Renton Police Department DATE: April23, 2009 1100 KARLEWICZ: I'm Commander Chad Karlewicz interviewing Sergeant reg?-rding a complaint of city policy 300-3 Harassment, General Order 1.3 .1 Use afForce, General Order 26.1.1B Unbecoming Conduct, General Order 26.1.1 YY Ethics, Auxiliary Services Standard Operating Procedure 038 Employee Inmate Fraternizing, which is alleged to have occurred between June 2008 and April2009. do you understand that this conversation is being tape-recorded? Yes. KARLEWICZ: And do you wish to have a Guild representative present during the interview? Yes. KARLEWICZ: Let the record reflect that Dave Skelton is present. Please acknowledge your presence by stating your name Dave. SKELTON: Dave Skelton. KARLEWICZ: Alright prior to this interview, were you given the opportunity to read the complaint of the incident? Yes. KARLEWICZ: And were you given the opportunity to consult with your Guild representative prior to this interview? Yes. KARLEWICZ: I wish to advise you that you are being questioned as part of an official investigation of the Renton Police Department. You will be asked questions specifically directed, and narrowly related to the performance of your official duties or fitness for office. You are reminded that section 26.1 Insubordination and Truthfulness of the Renton Police Department General Orders do apply in this matter and you must truthfully respond. Any refusal to respond may result in disciplinary action as outlined in General Order Section 26.1. You are entitled to all the rights and privileges guaranteed by law and the Constitution of the United States including the right not to be compelled to incriminate yourself. I further wish to further to advise you that if you refuse to testify or answer questions relating to the performance of your (SS/I:Complaints/C0-03-09- 1
KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
STATEMENT OF JAIL SERGEANT official duties or fitness for duty you will be subject to departmental charges . which could result in your dismissal from the Renton Police Department. If you do answer, neither your statements nor any information or evidence which is gained by reason of such statements can be used against you in any subsequent criminal proceedings. However, these statements may be used against you in relation to subsequent departmental charges. Do you understand all that? Yes. Any questions about it? No. Okay. So I have a series of questions here and I'll just start going down them. Get some note taking material here. Okay, Let's start off with some basics here. What is your position with Renton Police Department? Renton Jail Sergeant. And what do your duties and responsibilities include? Daily observation of the jail inmate, and staff on a daily basis. As a supervisor, do you believe it's your responsibility to set the example for subordinates to follow? Yes. And as a supervisor are you charged with being a leader in the Jail? Yes. Okay. In the course of your duties, do you sometimes receive confidential information? Yes. When confidential information is shared with you, do you always maintain that confidence? Yes. (SS/I:Complaints/C0-03-09- 2 STATEMENT OF JAIL SERGEANT KARLEWICZ: As a supervisor, do you think it is your responsibility to ensure cohesive working relationships in the workspace? Yes. KARLEWICZ: Do you think that that responsibility includes working relationships with both the A and B side of the Jail staff? Yes. KARLEWICZ: Okay. Do you agree that this responsibility includes working relationships with other divisions in the department? Yes. KARLEWICZ: As a supervisor, do you include the awareness of the City's Harassment Policy on the evaluations that you write? Yes. KARLEWICZ: Are you aware of what that policy is? Yes. KARLEWICZ: Can you give me a summary, a brief summary of what that policy is? For harassment? KARLEWICZ: Harassment, yeah. Any uncomfortable workplace condition created by either uh unwanted comments, touching, performance. KARLEWICZ: Okay, is that so you give me more of the sexual harassment side or the standard harassment. Both. KARLEWICZ: As a supervisor are you charged with overseeing the daily operations of the Jail during your hours of duty? Yes. (SS/I:Complaints/C0-03-09- 3 STATEMENT OF JAIL SERGEANT KARLEWICZ: And as a supervisor are you charged with enforcing the policies and procedures set forth by the City of Renton and the Renton Police Department? Yes. KARLEWICZ: Are you also charged with reporting violations of these policies and procedures to your direct supervisor when noted? Yes. KARLEWICZ: As a supervisor are you charged with the health and welfare of inmates that are in the custody of the Renton Police Department? Yes. KARLEWICZ: And are you charged to be honest in all aspects of the performance of your official duties? Yes. KARLEWICZ: Okay. Are you charged to direct your subordinates to follow City Policy and Procedure? Yes. KARLEWICZ: Have you ever instructed any member of the I ail staff to violate a policy or procedure? No. KARLEWICZ: Have you ever instructed any member ofthe Jail to.perform any act, which is inappropriate or unethical? No. KARLEWICZ: Do you know, or have knowledge of Auxiliary Services Standard Operating Procedure AUX-038 which is titled Employee Inmate Fraternizing? Yeah, I wrote it. KARLEWICZ: Okay. Have you ever seen, or let me start again. Have you ever heard any member of the jail staff have any inappropriate conversations with any inmate? (SS/I:Complaints/C0-03-09- 4 STATEMENT OF JAIL SERGEANT No, not, no, joking around yes. KARLEWICZ: Okay. Have you ever had a conversation with any irnnate regarding the daily operation of the Jail, Policy or Procedures or the new SCORE facility? Yeah, the Trustees. KARLEWICZ: Tell me a little bit about those conversations. Uh, they've asked about SCORE, what and where it's going to be. How many it's going to be so talked about that. KARLEWICZ: Okay. Talk to Trustees on a daily basis. Not about SCORE, just in general. I always talk to the Trustees. KARLEWICZ: But not necessarily-specifically about the operation of the Jail, policies, procedures anything like that? No. KARLEWICZ: Mainly about the new SCORE facility. Yeah, they ask where it's going to be and how big it's going to be. KARLEWICZ: Okay. Have you ever heard a member of the Jail staff having a conversation with any irnnate regarding other Jail staff members? Have I ever what? KARLEWICZ: Have you ever heard a member of the Jail staff having a conversation with any inmate regarding other Jail staff employees, members? Hmmmm, I don't lmow if it was directed at the inmate. I lmow in custodies have heard staff talk about other staff. KARLEWICZ: Okay. Have you ever had a conversation with any inmate regarding the daily operation of the Jail, policies and procedures of the new SCORE facility? Didn't you just ask me that one? KARLEWICZ: Well, that one was have you heard other employees - (SS/I:Complaints/C0-03-09- 5 STATEMENT OF JAIL SERGEANT Oh, okay, well I- KARLEWICZ: This one is have you ever had any conversations .... Well, that was what I did. KARLEWICZ: Okay. Ummmm, have you ever heard a member of the Jail staff having a conversation with any imnate regarding other Jail employees, other Jail staff? Like I said, I've heard staff talking about other staff, but I don't lmow if it was directed directly at the Trustee or not. KARLEWICZ: So it wasn't a conversation between the staff person and the Trustee .... Not (unintelligible overtalk) KARLEWICZ: Okay. I lmow Trustees have had complaints about staff and they've talked about it that way, too. (unintelligible overtalk) KARLEWICZ: So the Trustees, the Trustees have talked about it to - Staff KARLEWICZ: Staff members and what were those conversations? Well, I've had one Trustee complain to me about Sergeant in the past. And then - KARLEWICZ: Okay, what Trustee was that?
KARLEWICZ: Okay. In regards to this the allegation to solicit a letter from Mr. Yeah because Mr. wanted to file a complaint against Sergeant so I said if you want to file a complaint, you gotta put it on paper. KARLEWICZ: Okay. (SS/I:Complaints/C0-03-09- 6 ( STATEMENT OF JAIL SERGEANT Which I'm obligated to do. Now Mr. I don't think he did, but I did tell him if he wants to file a complaint against Sergeant you put it on paper. KARLEWICZ: Okay. Umm, so you've kind of already answered this one. Have you ever had a conversation with an inmate regarding a performance of any member of the Jail staff. No. (not clear) KARLEWICZ: And that was regarding and when did that conversation take place? End of last month. Middle-end of last month. KARLEWICZ: So middle to end of March? Yeah. KARLEWICZ: And where did that take place? In the kitchen. KARLEWICZ: Do you typically answer inmate questions when asked either in the form of a kite or ? Yeah. KARLEWICZ: Okay. Who advises inmates of their release date? Staff- any staff. KARLEWICZ: Any staff person? And in particular Trustees it would be- Trustees, typically no because we're allowed to gift them time in addition to their regular release dates. So either Sgt. or myself can gift them up to two weeks of time off depending on how long they've been in the facility. KARLEWICZ: Okay, for Trustees, and the gifting process, that's limited to you or
Yeah. (SS/I:Complaints/C0-03-09- 7 KARLEWICZ:
KARLEWICZ: STATEMENT OF JAIL SERGEANT So, uh explain that process to me. How does that work, and are there guidelines about how much time for what or is it subjective- is it subjective or objective. (unintelligible) Somewhat subjective. Typically, it's right around seven days unless it's been, in case, more than six months, and then we'll do up the maximum of two weeks, which in Mr. case is what I said. His complaint was he had asked Sgt. four different times- got four different dates, and then never lmew because the date never got changed. Urn, so has - this question is has any inmate asked you for their release date in the last 60 days, but I guess I'd like to focus specifically on since you- Yeah, since I'm, I'm the one that set his release date. KARLEWICZ: Okay. Cause he had told, I had said, well, you'd ask what'd he say. He said he's given him four different dates. He had listed out when he was given the date, and the date he was given, and then the next time he had asked he's given a different date and what date that was so he asked me. He says I've asked so I'm gonna ask you. When am I released. I said what's your release date and back it up 14 days- said that's it. We're done. And he was fine with that. He just wanted a date. KARLEWICZ: Okay. So he came to you and asked For a solid release date. KARLEWICZ: Can I get a solid release date, cause I'm getting mixed information here and I just want a solid date. Yes. Cause he had had it changed several times and he just wanted a date. KARLEWICZ: And where did that conversation take place. In the kitchen, same place. KARLEWICZ: Was that the same conversation, or- Same conversation. KARLEWICZ: Okay, so there was one conversation that encompassed release date and- (SS/I:Complaints/C0-03-09- 8 STATEMENT OF JAIL SERGEANT (unintelligible overtalk) KARLEWICZ: Okay. Then I was told by staff, that he was pissed at for it. So I went and talked to him. KARLEWICZ: Oh, by, who in staff told you - so who else had information or knowledge of this disgruntled- Oh, either or KARLEWICZ: So, just one person? It wasn't multiple- I thought you said it was multiple people. Well, I'm sure the entire day shift knew was pissed because (unintelligible, overtalk) KARLEWICZ: Let me ask the question in a different way. Who, what staff members came to you and noted that was upset with about the release date issue? It was either or . KARLEWICZ: So it was just one person? Yeah. KARLEWICZ: Only one person came to you - -the Trustee's pissed off. KARLEWICZ: Okay. Have you ever heard any member of the Jail staff ask or solicit any person to write a letter about the performance of any City employee? Other than with what Mr. That would be me, that if you want to file a complaint, he's got to do it in writing, so that would be the only time. KARLEWICZ: Okay. So you've never heard anybody else discuss it. It was just that one conversation that you had with regarding his displeasure with and your comment was, you gotta put it in writing? Yeah. (SS/I:Complaints/C0-03-09- 9 ( KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
KARLEWICZ: ( STATEMENT OF JAIL SERGEANT Okay. You want to file a complaint, you gotta do it in writing. And what was your direction, other than you have to put it in writing, what was your direction to about that letter. That was it, you can write it down how you think you've been ---- wronged, put it in writing, and send it in. Was there anymore detail to it than that, or is what you just told me the extent ofthe conversation? That's pretty much the gist of it. I mean was it send it to you, send it to a Jail staff person, send it to a Commander, send it ( overtalk, unintelligible) I think I said to the Jail Commander. To the Jail Commander, through, obviously through Jail staff is how it would get there. I don't think I told him to put it in on a kite. I just said send a letter, so I don't lmow if he would mail it or, he wouldn't put it, he could have put it on a grievance, I just said make a formal complaint. I didn't specifically tell him how to go about it. I said you have to put it in writing and submit it to the Jail Commander. KARLEWICZ: Was there anybody else in the Jail? Any other Jail employees I should say that were aware of that conversation and your notifying ofhis need to put his complaint in wliting? It was just him and I in the kitchen. KARLEWICZ: Okay, ( overtalk) -that's my recollection. KARLEWICZ: Nobody else lmew that you had told him that he needed to do that? Uh-uh (no) , (SS/I:Complaints/C0-03-09- 10 ( KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
STATEMENT OF JAIL SERGEANT Okay. Urn, have you ever asked any inmate to write a letter about performance of the City employee- we already answered that one. And that was the only time. mmm-mmm (affinnative) Okay. Have you ever written a letter or memo other than an evaluation regarding another member's performance? Yes. Tell me about those- one- The memo in regards to the 3B graveyarders. That I received from the FTOs that identified several areas that were lacking. Okay. And they identified the problems. They identified a solution, how they wanted to fix it. I sent it up and it was given to Sgt. to fix. So did you write a memo and attach it to their memo, is that how that went? Yeah. Okay. Going back to the letter that you told that he'd have to write. Urn, in that conversation, did you outline- urn, let me just read the question. Did you ever have a conversation with any inmate regarding a letter outlining the poor performance of any City employee, specifically talking about You know he had laid out his complaint. He had said why he was upset with the whole not getting a solid date and to I said if you got a complaint against Sgt. you can file a complaint. That's up to you. Do you recall specifically what his complaint was, other than the release date? After the 4th release date, he wanted to keep seeing Sgt. and in his opinion, was just dodging him. He wouldn't come into the Jail. If he did and saw he'd leave. In opinion, that's, so for like four days, or a rotation, he felt was just ducking him, waiting for me to come back. (SS/I:Complaints/C0-03-09- 11 ( ' ( STATEMENT OF JAIL SERGEANT KARLEWICZ: Was that his only complaint? Or were there other work performance related complaints that he had? No, pretty much with it was just his release date thing. KARLEWICZ: Okay. Urn, gave information to us that was fairly specific about what the complaints were and um almost verbatim those allegations tumed up in evaluation so I guess my question would be do you have any idea you told me that the only complaint he had was that he felt like he was being ducked. That's the only complaint he voiced to me. KARLEWICZ: But then the information that we got from, from him, the complaints were more specific and the same exact complaints turned up in evaluation. Do you have any idea how that happened, or- No, I have nothin', nothing. I told him how, who and how he had to file his complaint. KARLEWICZ: Okay. So you never had any specific conversations - I never, I never, I never saw or knew that he actually made a complaint. KARLEWICZ: Okay. And you never had any specific conversations with regarding any shortfall on part other than was ducking him. There was never any conversation about any other aspect of his work performance. No, maybe the food order, but that would be it, and that's just kind of a weekly thing. KARLEWICZ: Okay. And you already answered this question I think, but when you had this conversation with was there any other Jail staff around that may have overheard that conversation? It was during the day time so, I think it was during the daytime. I was in the kitchen, and I don't remember who was there. KARLEWICZ: Okay, and you already said that you didn't discuss with any of the other Jail staffyour directing to have to write a letter about this. No. (SS/I:Complaints/C0-03-09- 12 ( KARLEWICZ: STATEMENT OF JAIL SERGEANT Okay, urn, alleges that another Jail staffmember, shortly after your conversation with him came and told them, that by the way, when you write that letter, uh, don't seal it because we want to read it before it goes out. Do you have any idea how that other person would know about that conversation, or about writing a letter? No., no. No, I mean, well, you've been to the kitchen. It's not closed, so if another officer is standing there and can hear me telling or he's coming into the kitchen as I'm saying it, like I said, when we were in the kitchen it was just and I and I was telling him about it because he was miffed at it. I said if you gotta beef, file your complaint, here's how you do it. You write down your complaint, send it up addressed to the Jail Commander. KARLEWICZ: And again, there was no discussion between you and any other Jail staff, regarding need to write this down and send it up. No, I didn't direct anybody to make sure he did it, and like I said, I didn't know he actually did do it. KARLEWICZ: Okay. Urn, you said you had a conversation with regarding his release date and that it occurred middle to end of March. Uh, during that conversation did you tell that ifhe wrote a letter to the Jail Commander you would give him a release date of April 1st? No. KARLEWICZ: Okay. I had just backed his release date up to Aprill 8 \ because it was almost two weeks offhis sentence, and just said that's your release date. KARLEWICZ: You said almost two weeks - I don't remember what his exact release date was. KARLEWICZ: Can it ever be more than two weeks? Yeah. KARLEWICZ: But two weeks is just a general guideline? Exactly. (SS/I:Complaints/C0-03-09- 13 STATEMENT OF JAIL SERGEANT KARLEWICZ: Is that guideline written anywhere? No. It's- KARLEWICZ: So if a Trustee was there for a long period oftime and did a phenomenal job could you conceivably say we're letting you out a month early? No. Because even with the two weeks I run it by, at that time it'd be Manager Bartley. I'd run it by her and say, hey, I want to give him two weeks for gift time. KARLEWICZ: But if it was a month, and you rand it by and they said sure no problem, then conceivably, ( overtalk) 'Hypothetically it could be. KARLEWICZ: Cause there is not written guideline for gifting early release okay. In your discussion about uh, with about the need to write his complaint down, did you tell him that he needed a statement in the letter that Sgt. was incompetent? No. KARLEWICZ: Did you say that he needed to state in his letter that Sgt. could not make a good decision and was indecisive? No. I think he felt that. already. KARLEWICZ: And did he discuss that with you? He did because ofthe four (overtalk) KARLEWICZ: Decision-making and indecisive because ofthe four (overtalk) And I may have said well if he can't make a decision I'm just going to give you Aprill 81 Done, we're done. Are you happy, good, see ya. KARLEWICZ: Okay. Urn, what was your intent on asking the Trustee to create the letter? Well, Mr. was actually pissed at KARLEWICZ: So the intent was? (SS/I:Complaints/C0-03-09- 14 (
KARLEWICZ: KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
STATEMENT OF JAIL SERGEANT Hey if you want to file a beef, file a beef. The same as we tell inmates when they come in that want to complain about the officer. Okay. And I already asked you this. Did you tell the Trustee that when he wrote the letter to the Commander he was not to seal it so it could be read Did you give the trustee a proper release date? Yeah. Did you give the Trustee a quicker release date than he had eamed because he stated he would write a letter? No. Did the Trustee ever write a letter and give it to you? No, like I said, I didn't know he had submitted a letter. Urn, is there any other- I've asked this three times I think already, but I'll ask again. Is there any other member of the Jail that is aware of this incident? This specific one? Hmm-mm. (affirmative) Not to my knowledge. I do know the other office that's being interviewed now because I saw his papers matching mine so. Did you communicate to any City employee that a letter may be written by the Trustee, and tell that employee what to do with it? No. What additional information if any, did you share with any other employee about this incident? Not, you know I might have come back into the control room and said, well pissed at for the bouncing around date thing, but everybody knew that cause had already expressed why he was pissed, so other than that, after wrote down on the board April 1 5 \ that was pretty much it and I may have said Hey, he's pissed, but whatever. (SS/I:Complaints/C0-03-09- 15 STATEMENT OF JAIL SERGEANT KARLEWICZ: Okay, switching gears a little bit here, urn., have your actions or words ever worked in a manner to discredit Sgt. with any other City employee? Yes. KARLEWICZ: Tell me about that. Manager Bartley, my boss, so ifi'm venting because of uh issues I may have with my counterpart, yeah, and it's e e 1 ~ in my evaluation. KARLEWICZ: What's been in your evaluation? That I need to find better opinions of Sgt. KARLEWICZ: Okay. Do you work directly with or- No. KARLEWICZ: Do you ever see each other at work? No. KARLEWICZ: So - His crew did call me at home because they did not want to call him. KARLEWICZ: Okay. And I addressed that issue. KARLEWICZ: Urn, are you aware that Sgt. recently received a poor evaluation? Yes. KARLEWICZ: How are you aware of that? I'm not- I think Manager Bartley probably actually probably told me. KARLEWICZ: Okay, have you read Sgt. last evaluation? No. (SS/I:Complaints/C0-03-09- 16 ( ( STATEMENT OF JAIL SERGEANT KARLEWICZ: Were you asked by anyone to provide some details about Sgt. performance? No. KARLEWICZ: Did you have or were you asked for input for Sgt. last evaluation? No. KARLEWICZ: Do you use the City's email system to share information about Sgt. performance with anyone? No. Other than that memo. KARLEWICZ: Okay. But that wasn't really a thing. That was his crew thing. KARLEWICZ: Are you aware of any information that was put into evaluation? No. KARLEWICZ: No specifics at all just that there was a poor evaluation. Just that, no not even a, well, just that there was some needs improvement. Not specific into what, just, yeah, it wasn't a great eval. KARLEWICZ: And that information came directly from Manager Bartley. Yeah. KARLEWICZ: And tell me about that conversation, how that took place and what details you were given.
KARLEWICZ: I'm not really sure where we- it might have been. I'm not sure when it was. It was recently and what were we doing? It might have been at the SCORE meeting and just talking about work. She asked me how everyone's doing and she probably, I think that's when she mentioned well, Sgt. didn't get a very favorable evaluation. And that was the extent of the conversation? (SS/I:Complaints/C0-03-09- 17 ( STATEMENT OF JAIL SERGEANT Yeah, she didn't say specific, no nothing, just that he did not get a favorable evaluation. KARLEWICZ: Okay. Have you share your knowledge of Sgt. evaluation with any other City employee that you knew that it wasn't favorable, that type of thing? No. KARLEWICZ: Do you ever use the City's email system to conespond with members within the Police Department? Yes. KARLEWICZ: Are you aware that all emails, whether deleted or not are archived and can be retrieved? Yes. KARLEWICZ: Do you feel that your knowledge of the department's use of- start again- do you feel that you are knowledgeable in the department's use of force policy? Yes. KARLEWICZ: Are you aware of the reporting requirements when force is used? Yes. KARLEWICZ: Give me a brief description of what those are. Anytime you use force to make someone do what they wouldn't naturally do or don't want to do you have to document it. Any unwanted- what may be perceived as unwanted touching. KARLEWICZ: Okay. And what do we document that one? A Use of Force Report. KARLEWICZ: Have you received training on the Renton Police Department's Use of Force Policy? Yes. (SS/I:Complaints/C0-03-09- 18 . ( STATEMENT OF JAIL SERGEANT KARLEWICZ: And have you received, or reviewed the Renton Police Department's Use of Force Policy with your subordinates? Yes. KARLEWICZ: And when was the last time you trained your subordinates on the Use of Force? They got- they get quarterly training. -KARLEWICZ: How is that training documented? The DT instructor Ervin conducts, turns in lesson plans, conducts the DT training quarterly. KARLEWICZ: And do they do a after action reports per se of the training and what was - Good and bad? KARLEWICZ: Yeah. No. KARLEWICZ: And who reviews all that stuff? I think I get a lesson plan, I think Trox still gets a lesson plan just on what they're teaching. KARLEWICZ: So you don't conduct training necessarily for subordinates, but it's just the qumierly- Yeah. KARLEWICZ: Okay. Uh, do you believe that all of your uses of force are within department policy? yes. KARLEWICZ: Are you confident in your ability to use the amount of force necessary? Yes. KARLEWICZ: W auld you say that you are proud of your ability to handle yourself? (SS/I:Complaints/C0-03-09- 19 STATEMENT OF JAIL SERGEANT Yes. KARLEWICZ: Have you ever had a conversation with any person where you stated that you could not leave the control room as you had too many uses of force? Yes. KARLEWICZ: Who was that to? I think just about everybody. KARLEWICZ: Just about -like all staff people, all the Trustees, all- ( overtalk) No, all staff, all staff. KARLEWICZ: No Trustees. No. Actually with the Trustees if they're standing there when I make the comment they can hear it, but I'm not telling them that. KARLEWICZ: Okay, cause it wasn't a one on one conversation they may have overheard that. Yeah. KARLEWICZ: Have you been told that you could not leave the control room because you had too many uses of force? No. KARLEWICZ: So, it's just your own personal regulation, to say hey, I can't leave the control room cause I have too many uses of force. Yeah. KARLEWICZ: Okay, when was the last time you used force against an inmate? mmmmm December 30th? KARLEWICZ: Uh, when was the last time you used soft empty hand techniques? Same timeframe. I had two use of forces in that rotation. KARLEWICZ: Have you ever had to use your taser in the Jail? (SS/I:Complaints/C0-03-09- 20 ( ( STATEMENT OF JAIL SERGEANT Yes. KARLEWICZ: When was the last time you used your taser in the Jail? Since Moses has been gone, awhile, yeah, it's been awhile, cause I've only used it once. KARLEWICZ: Are you familiar with the Jail's video surveillance capabilities? Yes. KARLEWICZ: Give me a brief overview of what those are? Everything's recorded, that's about it. Everything, everywhere is recorded. KARLEWICZ: Everything, everywhere. Pretty much yeah. KARLEWICZ: 24-7? Yep. KARLEWICZ: And what media is that recorded on? The DVRs. KARLEWICZ: Onto a DVR. DICROCB: Yeah. KARLEWICZ: Urn, and what's done with those recordings? They're not burned onto there, they're just stored into the DVR. And then if an incident pops up, then you have to report it, you bum it onto a CD. KARLEWICZ: So how long- go into detail for me about uh the recording capability and how long stuff is maintained. Typically depending on the amount of movement, because they're all movement cameras now- so if somebody moves, it starts recording. If nobody moves, it's not recording. So it saves recording safe. I think the (SS/I:Complaints/C0-03-09- 21 ( STATEMENT OF JAIL SERGEANT KARLEWICZ: window's 30 to 40 days, 60 days, somewhere in there. 40, 60 days, depending on how much movement. So all the time everywhere, everything is recorded, but only when there's movement. Yeah. KARLEWICZ: So the cameras have motion sensors, how does -( overtalk) They're motion activated. KARLEWICZ: (ove1ialk) every camera in the jail has a motion sensor. Motion activated. KARLEWICZ: So theoretically, your conversation with would have been recorded? Yes. Well, us two standing in the kitchen would have been. KARLEWICZ: Right. Yeah. KARLEWICZ: Is there any way that it would not have been recorded? Based on your knowledge ofthe system. No, you may not see me if I'm standing in- you lmow when you go in the kitchen, that food rack to the left I don't think it starts recording til you're by the stove. So. KARLEWICZ: Where were you and when you were having your conversation in the kitchen? I was by the tea. I think that's what I was doing, was getting tea. KARLEWICZ: So, it should have picked that up. You should see me in there, yeah. KARLEWICZ: Okay. So if a portion of the video recording is not able to be found, for example for if we were to look for that and couldn't find it, hmm-mm (affirmative) (SS/I:Complaints/C0-03-09- 22 ( STATEMENT OF JAIL SERGEANT KARLEWICZ: And it was just a blank space for a period of time where this conversation apparently took place, do you have any idea how that could happen? No. KARLEWICZ: Okay. Urn, Because during this conversation would be on the camera, so if you can't see me, is still there activating the camera, so if you wanted to look for it, you look for the point where he goes to this board where he'd drawn the elaborate four different dates and he's pointing at the board. Now jfyou can't see me, that's because I'm standing there listening to him, but still you would see him pointing at the board. KARLEWICZ: Okay, is that something, that's new information now a little bit so tell me, give me more detail about your conversation with him. You said he went to a board, and drew the dates on there. I had said it earlier, he had written down all these different dates that KARLEWICZ: What board, and where's the board in the- By the popcorn machine where they usually write the numbers, they write numbers on it, or little, at the time they write little sayings and notes, had wanted to have his argument presentable to me when I came on shift, so when I came, he says, these are the four dates I've been given this date on this date, and this date on this date, and this date on this date, and this date on this date. And he was pissed about it. But, is in the kitchen pointing at the board, now whether or not you see us two talking, I don't know because I'm standing- the camera's here, so I'm probably standing back behind the camera, but the conversation we had should be recorded because pointing at the board. KARLEWICZ: Right, and that's all he wrote on that board was the dates. Yeah. KARLEWICZ: There wasn't any notes or anything else- No, just the dates. KARLEWICZ: And that, again you said that's middle to end ofMarch. (SS/I:Complaints/C0-03-09- 23 ( ( STATEMENT OF JAIL SERGEANT Yeah. KARLEWICZ: Sometime, don't have a real good idea of what day it would have been? Uh-uh (no) KARLEWICZ: Okay. Sometime before he got out, cause I don't remember when I said you can, when did I go on vacation? 25th, so previous to the 25th of March. KARLEWICZ: So middle of March say the 15th to the 25th would be a good - Somewhere in there would yeah would be a go9d guess. KARLEWICZ: 15 1 h through 25 1 h. Within a 10 day period give or take. Yeah. KARLEWICZ: Are all of the Jailers qualified to use the taser? Yes. KARLEWICZ: Are they each issued a taser or do they share them? We have shared. KARLEWICZ: And how many people share. Is it uh two people share one taser, is it there's a pool oftasers and you come in and you grab one? Yes, we have a pool of tasers. KARLEWICZ: There's a pool, okay. Is there any log, written log that shows who had what taser on what particular day? No. KARLEWICZ: So, there's no way of knowing if you, if we did a download of a taser, there's no way of knowing urn, who had it during the time the taser was used. rnrn-rnrn (no) KARLEWICZ: Okay, who's responsible for testing the taser? (SS/I:Complaints/C0-03-09- 24 STATEMENT OF JAIL SERGEANT For testing them? KARLEWICZ: Yes. Each officer at start of shift. KARLEWICZ: At start of shift, everybody tests their tasers before- Sometimes. KARLEWICZ: Sometimes? You're supposed to but- KARLEWICZ: And do you follow the same procedure? Yeah. KARLEWICZ: Has there ever been a time when you used force while on duty and did not document it? Not really. (I'm not sure I heard this right) KARLEWICZ: Do you always remain professional when you're on duty? Yes. To inmates, yes. Staff, maybe not. KARLEWICZ: You let your hair down on occasion, just- I'll joke withjust about everyone. KARLEWICZ: Have you ever had any conversations with other city employees regarding your displeasure with Sgt. Other than Manager Bartley- yeah probably. KARLEWICZ: With other Jail staff possibly. Yeah. KARLEWICZ: Do you have any specific recollections of any such conversations? (SS/I:Complaints/C0-03-09- 25 STATEMENT OF JAIL SERGEANT Yeah, he uh tried to have an internal started on because had some dope baggies that we kept finding in inmates property. It was part of the whole 3B problem. So he had shown them, hey we found these again, King County pulled them off a guy that we were transporting. I want to show 3B that we don't take these. I said that's fine, not right now, throw them in your locker and when we come back in- cause at the time we thought we were coming back in to train them. Throw them in your locker and when you come in to train them, show them that we don't take these baggies. Uh, found out that those baggies were in there. They're empty, there's nothing in them, but he made accusations that was storing dope in his locker, it wasn't properly categorized, it should have been placed in evidence, and he wanted formal charges brought. Yeah, that pissed me off. Urn, the Chief dismissed the whole thing because there was nothing in those baggies, and it's more of a in my opinion it's you're going to try and make my crew and me look bad so you don't look as bad. KARLEWICZ: So what was the gist ofthe conversations you had with the other Jailers regarding that and regarding your displeasure with attempting to do that? That it was bullshit. KARLEWICZ: So again, more of a venting type thing. Yeah. KARLEWICZ: It wasn't uh anything more than that. Yeah, just venting. Now I talked to his staff about him because they voiced their displeasure. KARLEWICZ: And who is usually the initiator ofthose conversations? Them, because they were calling me at home and I've actually turned that, hey you've got your sergeant. Make sure your sergeant knows about it. Call your sergeant first. KARLEWICZ: Is that something that's happened more in the past, or is it still ongoing? No, it doesn't happen no, because they've been called, you know what, don't call me. KARLEWICZ: Do you believe that Sgt. is an ineffective supervisor and if so why? (SS/I:Complaints/C0-03-09- 26 (
KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
KARLEWICZ:
STATEMENT OF JAIL SERGEANT I do, because he won't make a decision. So is that the only reason, just indecisiveness? Yes. In what we do yeah, that's enough for me. If somebody comes to you with a question or a problem, they're coming to you for a reason. Have you shared your opinions with Manager Bartley with respect to Sgt. supervisory abilities. Yes. And what has been her reaction generally. She's working on it. How. That was generally what I got. Working on it. So you don't know any details, that was just, I'm going to work on it. Yeah. Has she ever expressed a need for any type of cooperation to your concems regarding Sgt. Yes, like I said, it was in my eval. Work better, try to bridge a gap. The A side B side thing which I still can't figure out why I'm being held responsible for the whole disparity between the two crews. I'm running my crew. His crew is calling me, but it's my fault. Okay. So, when you would come to Manager Bartley with a complaint, or venting, whatever it was, did she ever express a need to corroborate what you were saying through some other means __ somebody else. Did she ever discuss that with you. No, she didn't discuss that. I mean, when I'd go to Manager Bartley and tell her the problems we're experiencing, she listens, she doesn't tell me what her game plan is, she would just listen and say okay and that would be about the extent of it. She wouldn't tell me her, what she planned on doing with it, but that was my place to vent. (SS/I:Complaints/C0-03-09- 27 STATEMENT OF JAIL SERGEANT KARLEWICZ: Okay. Uh, see, is there anything else about this incident that you'd like to tell me about? No. KARLEWICZ: Have you been completely honest and forthright with your answers during this interview? Yes. KARLEWICZ: Is there anyone else who has information related to this investigation that we should talk to? Other than ----- KARLEWICZ: But no other Jail staff that you're aware of, other city employees, anybody else that you're aware of that has any, that might have any information about and the letter, the complaint, that kind of thing? No. KARLEWICZ: Nobody else that would have information that uh would corroborate your assertion that you haven't used force without documenting it? Yeah, that's no. KARLEWICZ: Okay, I can't think of any other questions, so we'll conclude the interview and the time is approximately 1144. (SS/I:Complaints/C0-03-09- 28 ( ( RENTON POLICE DEPARTMENT INTERNAL AFFAIRS OFFICER NOTIFICATION 03-09 -,------- Complaint Number Sergeant , 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: XX_ Subject Witness --- The allegations of the investigation include the following violations of the General Orders of the Renton Police Department: City Policy 300-3 Harassment, General Order 1.3.1 Use of Force, General Order 26.1.1B Unbecoming Conduct, General Order 26.1.1YY Ethics, Auxiliary Services SOP 038, Employee/Inmate Fraternizing, General Order 26.1.1 IT Code of Conduct and Appearance, Truthfulness - Upon the order of the Chief of Police, the Chiefs 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. General Order 26.1.1 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. If you are considered a suspect in this investigation, you have the right to Guild representation at the time ofthe interview. I have scheduled the interview for May 5, 2009 at/{ S(Gours. If you have any questions, let me know. PD _ Admin!Milosevich/COFonns ( ( RENTON POLICE DEPARTMENT INTERNAL AFFAIRS .ACCUSED OFFICER ADMONITION 03-09 Complaint Number Today's date is May 5, 2009 ______ at __ _,/_-=-:::;_"' 6 _C _______ hours. I am Commander Clark Wilcox interviewing Sergeant ----- regarding a complaint of City Policy 300-3 Harassment, General Order 1.3.1 Use of Force, General Order 26.1.1B Unbecoming Conduct, General Order 26.1.1YY Ethics, Auxiliary Services SOP 038, Employee/Inmate Fraternizing, General Order 26.1.1 TT Code of Conduct and Appearance,Truthfulness Upon the order of the Chief of Police, the Chiers 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. 26.1.1 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. which is alleged to have between June 2008 to May 4, 2009 at unknown hours. ________ , do you understand that this conversation is being , do you wish to have a Guild Representative present during this interview? Yes r No) Let the record reflect that ,j:; 1' /}JV l_ f'"ovU is present. Please acknowledge your presence by stating your name. (Stating ofName) Sergeant , to this interview, were you given the opportunity to . read the complaint of this incident? No) W given an opportunity to consult with your Guild Representative prior to this interview? No) Sergeant , I wish to advise you that you are being questioned as part of an official investigation of the Renton Police Department. You will be asked questions specifically directed and narrowly related to the performance of your official duties or fitness for office. 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. You are entitled to all the rights and privileges guaranteed by law and the Constitution of the United States, including the right not to be compelled to incriminate yourself. I further wish to advise you that if you refuse to testify or answer questions relating to the performance of your official duties or fitness for duty, you will be subject to departmental charges which could result in your dismissal from the Renton Police Department. I \. If you do answer, neither your statements nor any information or evidence which is gained by reason of such statements can be used against you in any subsequent criminal proceeding. However, these statements may be used against you in relation to subsequent departmental charges. PD _Admin!Milosevich/COForms Guild Representative PD Admin!Milosevich/COF arms STATEMENT OF JAIL SERGEANT -part 2 COMPLAINT NUMBER: C0-03-09 INTERVIEWER: Commander Clark Wilcox LOCATION: Renton Police Department DATE: May 5, 2009 1506 WILCOX:
WILCOX:
WILCOX: SKELTON: WILCOX:
WILCOX:
Today's date is May 5 1 h, 2009, and it's 1506 hours. And I am Commander Clark Wilcox interviewing Sgt. regarding a complaint of city policy 300-3 Harassment, General Order 1.3.1 Use afForce, General Order 26.1.1B Unbecoming Conduct, General Order 26.1.1 YY Ethics, Auxiliary Services SOP 038 Employee Inmate Fraternization, General Order 26.l.l.TT Code of Conduct in Appearance, Trustworthiness upon the order of the Chief of Police and the Chief designee for a superior officers, members of the Police Department shall fully and truthfully answer all questions specifically and directed and narrowly relating to the performance of the official duties or fitness for office, which may asked ofthem, and General Order 26.1.1Q Insubordination. Members of the Police Department shall properly obey all lawful orders of a superior officer. This will include orders relayed from a superior officer by an officer at the same or lesser rank, which is to have alleged to have occurred between June 2008 to May 4 1 h, 2009 at unknown hours. Sgt. do you understand that this conversation is being tape-recorded? Yes. Sgt. do you wish to have a Guild representative present during the interview? Yes. Let the record reflect that Sgt. Dave Skelton is present. Please acknowledge your presence by stating your name. Dave Skelton. Sgt. prior to this interview, were you given the opportunity to read the complaint of the incident? Yes. Were you given the opportunity to consult with your Guild representative prior to this interview? Yes. (SS/I:Complaints/C0-03-09- 1 ( WILCOX:
WILCOX: STATEMENT OF JAIL SERGEANT -part 2 Sgt. I wish to advise you that you are being questioned as part of an official investigation of the Renton Police Department. You will be asked questions specifically directed, and nanowly related to the performance of your official duties or fitness for office. 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. You are entitled to all the rights and privileges guaranteed by law and the Constitution of the United States including the right not to be compelled to incriminate yourself. I further wish to further to advise you that if you refuse to testify or answer questions relating to the performance of your official duties or fitness for duty you will be subject to departmental charges which could result in your dismissal from the Renton Police Department. If you do answer, neither your statements nor any information or evidence which is gained by results, or by reason of such statements can be used against you in any subsequent criminal proceedings. However, these statements may be used against you in relation to the subsequent departmental charges. Do you understand all this? Yes. W auld you please sign here that you understood that and also the representative of Sgt. Dave Skelton. And we have all signed the Renton Police Internal Affairs Accused Officer Admonishing paperwork. I want to read you one more thing to make sure we have everything in order here. This is a Renton Police Department Internal Affairs Officer Notification which I gave you yesterday. It states that Sgt. per Article 15 Section B, the Commissioned-Non-Commissioned Contract, I'm notifying you that a formal investigation is being conducted which you are considered a subject in. The allegations of an investigation include the following General Orders of the Renton Police Department. City Policy 300-3 Harassment, General Order 1.3.1 Use afForce, General Order 26.1.1B Unbecoming Conduct, General Order 26.1.1.1 YY Ethics, Auxiliary Services SOP 038 Employee Inmate Fraternization, General26.1.1 TT Code of Conduct in Appearance Truthfulness upon the order of the Chief of Police, the Chiefs designee or a superior officer, members ofthe Police Department shall fully and truthfully answer all questions specifically directed and narrowly relating to the performance of official duties or fitness for office which may be asked ofthem and General26.1.1Q Insubordination. Members ofthe Police Department shall properly obey any lawful order or orders of a superior officer. This will include orders relayed from a superior officer by an officer of the same or lesser rank. And this is the sheet of paper that I gave you yesterday I think, correct? (SS/I:Complaints/C0-03-09- 2
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL SERGEANT part 2 Correct. And yesterday afternoon I told you that the interview would be at 1645 hours, but we're here today at uh 1506 hours per the request to conduct the interview prior to that time, correct? Correct. Sgt. I have some questions for you. Do you lmow the contents of the City Harassment Policy regarding workplace harassment? Yes. What are those? What are the contents? Yes, sir. Harassment is defined in the workplace as creating an uncomfortable environment, uh, negative unwanted talking, touching, urn and creating a hostile work environment. Okay. Do you believe your words, actions, or conduct as a supervisor can sway subordinates thoughts or conduct towards other members of the department? Thoughts? Yes. Do you believe that your actions or conduct can also sway those? Yes. You stated in your previous interview with Commander K.arlewicz that you talked to trustees almost every day. During your conversations with Trustees, do you discuss with them issues regarding the Jail staff? With the Jail staff, no. Do you discuss issues with them regarding Jail staff issues or personnel issues? Personnel issues, no. (SS/I:Complaints/C0-03-09- 3 ( WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL SERGEANT -part 2 Have you ever had a conversation about Jail performance issues with any Trustee? No. When you had a conversation about the SCORE facility, what was the content or the details of those conversation with Trustee Where and how big. And those are the only details that you - Where it was being built and how big it was going to be. Did you ever have a conversation with Trustee stating or regarding Sgt. performance as a supervisor? Uh, yeah, but it was one-sided. It was - inmate was upset with for not giving him a hard date on his release. He had a whole chart drawn out to show me when I got on shift. He was upset with He had a lot of nice things to say about sarcastically and I told him if he's got a beef to file with how to file a complaint. So you had a conversation, but you didn't specifically say anything about Sgt. performance to No. I said he said he's an idiot, he's incompetent and somebody should be told about him. I said, if you want to say he's an idiot and he's incompetent and he doesn't lmow what he's doing, put it on a letter. So did you ever use the words that Sgt. was incompetent, cannot make a decision, or is indecisive, uh indecisive to Trustee They were his words that I used back with him. But you never said those words - No. to him. You never used those words - I never said Sgt. an incompetent. (SS/I:Complaints/C0-03-09- 4 WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL SERGEANT part 2 Incompetent, can't make a decision- Can't make a decision and Indecisive. Indecisive, no. He had said those things and I had said if you want to write that on down and send it to Commander Wilcox, that's your right. And you're talking about Yep. You said that to, okay. Did you ever use the words that Sgt. was incompetent, cannot make a decision, or was indecisive to other members of the Jail staffwho are subordinate to Sgt. Yeah, probably. Why would you do that as a supervisor? It was more of a, they come to me with a complaint. I deal with them all the time and after seven years after complaining about it, I'm venting mainly. Okay. So when you receive complaints about, from Jail staff members, urn, let me read you the question. When you receive complaints about Jail staff members, what do you do with those complaints? Prior to you, I'd take them to Manager Bartley. When you have received complaints about Sgt. what do you usually do with those complaints? Inmate grievance kites type of things, or just by staff? Well, let's just go by staff first of all, then we'll hit inmates. Staff typically we don't talk about Sgt. very often. The only staff member I have that really has an issue with him would be Officer cause my guys don't work for him. His staff has issues with him and they talk to me about it from time to time, but I don't see them very often. (SS/I:Complaints/C0-03-09- 5 ( ( WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX: STATEMENT OF JAIL SERGEANT part 2 Okay, so most of it is that your dealings with Sgt. relate to Officer cause he sees him Monday through Friday and the three on three off schedule. Correct. How about with inmates. Do you have any complaints from inmates about Sgt. Not that I can recall other than the typical uh inmate who have seen all of us. And that's the female in the Jail that- Yeah, that was the female that didn't like any ofus. Okay. Those were the typical complaints. They didn't like any of us. Okay. Did you talk to Manager Bartley about those complaints from members of the Jail staff? Yes. Did you talk any of your subordinates about those complaints? Yeah, we talked about it all the time. And what specifically do, give me a generalization of what those complaints are about when they come to you. Urn, one ofthe complaints was Sgt. telling him to release people so they can make room for whoever they were booking. They didn't want to do it. They wouldn't ask Sgt. because he wouldn't make a decision or he'd tell them to go ahead and do it. That was a complaint they'd have. Okay. Another one would be, it got to a point where they just wouldn't ask Sgt. for a decision. They'd just make it on their own and hope that they made the right one. And how long has this been going on? (SS/l:Complaints/C0-03-09- 6 (
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL SERGEANT -part 2 Three, two or three years? Okay, when these complaints have come to you from your subordinates, how did you address them? I told them if they have, ifthere's any doubt call me. Okay. When you brought those complaints up to Manager Bartley, did she give you any advice on how to handle them? No, typically, she said she'd address it. So she said she would handle that and you did not have to. Yeah, it's not, it wasn't my place. Did you ever talk with your peer Sgt. about these complaints? No. When talked to you about his frustration getting his release date, did you use the words that Sgt. cannot make a decision? No. Well, I might have. He gave him four different dates. So I might have said, well, if Sgt. not going to make a decision, I'll make it. I gave him Aprill st as a release date. Okay. Did ever ask you for a release date prior to the middle ofMarch? yes. Do you know when that was? Approximately months? Probably a month before and I had told him he had to wait until it got closer. So you never - I never gave him a date. And you did- and your response to that question was .... Wait until it's closer. (SS/I:Complaints/C0-03-09- 7 WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
( STATEMENT OF JAIL SERGEANT part 2 Closer. Why do you think that he would only ask Sgt. for his release date since you were a Sgt. Also? I'm not sure, he, he had asked Sgt. on four separate occasions and if would give him a date, then he, I don't lmow why he kept asking him for a different dates. I'm not sure. Did you get along with Yes. When complained about Sgt. what did you tell him to do? Told him he could put it on, put in a, file a complaint if he wanted to. So did you tell to, what to put in the letter- No. -ifhe wrote it or alluded to what he should put in the letter to the Jail Commander? No. I told him if he wants to- the subjects that we- the subject we were talking about and the way he was saying it, I had told him if you want to file a complaint, you can put what you just told me in your letter. And what subject were you talking about then at that time? Uh, Sgt. ability to make decisions. And that came from or did that come from you because of the four dates that were on the board, did you say that cannot make a decision? No, that came from He had drawn it out as an example to show me that Sgt. won't make up a date for him. Did complain about any other Jail staffmember besides Sgt.
No. (SS/I:Complaints/C0-03-09- 8 WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX: STATEMENT OF JAIL SERGEANT -part 2 You stated in your prior interview with Commander Karlewicz that you did not have a conversation, then you stated that you did have a conversation with regarding Sgt. perfom1ance. Did you or did you not have a conversation with regarding Sgt. performance? No, I stated the same conversation we just discussed. I went into the kitchen, he has the four dates on the board, and we discussed his four dates, different dates, that I gave him a date and that if he wanted to file a complaint, he needed to file one and send it up to you. So, was there anything in that conversation that you had with about referring to Sgt. job performance? No. When you were talking to him. had made all the ac-all the accusations. He had said all the negative things about Sgt. All I said is if you've got a complaint with Sgt. you can put it on paper and you can send it up to Commander Wilcox. Did you correct the inmate when he was making comments about a Jail staff member? No. Why not. Because to me all he's doing is what the rest of them do is vent. He was mad. But if he was venting and mad, why would you suggest to him that if he- to put it on paper and send it to the Jail Commander? Because he had stated that someone should know about what's going on. And wouldn't you be a wheel to relay that information since you're a jail supervisor also? I would be. And why did you not approach the situation as a supervisor in the Jail if you believe that this issue was a valid issue? (SS/I:Complaints/C0-03-09- 9 (
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX: STATEMENT OF JAIL SERGEANT part 2 His complaint, as another peer, he's complaining about my peer. Ifi, if he complains to me and I bring it up again, I've already broughten Sgt. performance up a number of times. And who did you bring those performance issues up to? Manager.Bartley. At any time did you bring them up to the current Jail Commander, i.e., myself? No, the only time we've had a discussion was on the food order. And why do you feel being a supervisor, being a peer supervisor, that it was okay to recognize an issue in the Jail, a performance issue in the Jail, or possible performance in the Jail, where it reflects on the Renton Police Department, the Renton Jail and not be responsible to bring that information up to the Jail Commander? I didn't think anything of it, I didn't actually think would write the letter. Even if you didn't think would write the letter, if this was another issue in the Jail, with an employee would you deal with that to address it, or would you think that it's just not part of the I don't need to do it because it does not fall within my supervisory area? I'm not sure what you're asking. You as a supervisor in the Jail are required by your rank to identify, hold employees accountable, and address issues. Correct. f h f 'b'l' I you saw an Issue wit one o your JSSllS', IS It not your responsi I Ity to address that issue? Yes. Is it not your responsibility to address issues if you see that other members of the department, no matter what their rank is, and make sure that's taken care to address that issue? (SS/I:Complaints/C0-03-09- 10 ( l
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL SERGEANT part 2 Yes, and in this case I did. His complaint was his release date. I gave him a hard release date. He wants to file a complaint. I tell him how he can file a complaint. And if he did not write the letter, when were you going to, did it even cross your mind to bring it up to the Jail Commander that there's a possible issue in the Jail with another supervisor. I figure that issue had been brought up enough. With the past administration in the Jail, correct? Correct. Okay. You stated in your previous interview that Sgt. gave four different release dates. Do you know when those release dates were given to No. Could any of those release dates been correct release dates? Been correct release dates? Could they have been the correct date for his release? They were all different dates. And they were different than the actual date I gave him. Right, different date than you gave him. But the four release dates that said that Sgt. gave him, could any one ofthose dates been a correct release date? Yes. Could it have been a range depending on inmates conduct for the last month of their confinement? Yes. Have you ever given a range of possible release dates to a Trustee depending on their conduct at a later time? No. (SS/I:Complaints/C0-03-09- 11 WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX: STATEMENT OF JAIL SERGEANT part 2 Could there ever be a reason to change a Trustee's release date, or do you give them a firm date and that's it? I give them a firm date. And that's it. And that's it. They stilllmow if they mess up they can still lose it, but that's the date that they can make their plans to be released. When you heard from other Jail staff members that was upset with Sgt. what was your intent when you talked to To calm down. How upset was he? Well, he went through the trouble ofwriting down the four dates and had a whole speech prepared for me when I walked in the kitchen. Did you ever see the dates on that board prior to this occasion? No. Which Jail staff member told you was upset over his release date? I believe and . Was your intent to get information about Sgt. not making a decision so you could pass it on to the Jail Commander to confirm that Sgt. has a supervisory issue? No. During th1s conversation with did you use the words that Sgt. could not make a decision, was indecisive, and that you could and would make a decision? No. I may have used the words, won't make a decision, indecisive, but they were his words. words. (SS/I:Complaints/C0-03-09- 12
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX: STATEMENT OF JAIL SERGEANT part 2 words. And you just - Relayed it back to him. If you want to say he's indecisive, or can't make a decision, then you can put it on paper. When you told that he needed to put it in writing ifhe had a complaint about Sgt. did you tell him to put in the letter that Sgt. could not make a decision or allude to it? No, I told him you can put in your letter what you just told me. And that was - That he's won't make a decision, basically was just mad, he wouldn't make a decision, and was incompetent in his opinion. And those were opinion, not your opinion to Correct. Correct. How do you think was able to come up with those words, indecisiveness, incompetent, and unable to make a decision? I don't know, his vocabulary- I don't know. Don't you think those are very specific words, that we use as supervisors and staff around the Jail, or not the Jail, the department, period? Yeah. So you think he heard those words prior to this? He could have. Who do you think he'd hear those words from. That he would say that this is gospel or that he believes that Sgt. was indecisive, incompetent and cannot make a decision? Any one ofthe Jail staff members. Anyone on the A side and B side? (SS/I:Complaints/C0-03-09- 13
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX: STATEMENT OF JAIL SERGEANT part 2 A side and B side. So everybody has that feeling. Pretty much, yeah. Has anybody on the Jail staff ever used those words around you referring to Sgt. abilities? Yes. And who were those folies, or department members? Uh, Officer , the new guy, Officer , and . And who do they currently work for? Sgt. Officer , Officer t- And who does Officer and work for? Me. However just came over to me. When did uh Officer come over to your side? ' { ~ ' January of a s ~ li'ot just come over to me. January of 08 then? Yeah. How long did he work for Sgt. prior to coming over? Seven years, six or seven years. You stated in your previous interview that Manager Bartley told you Sgt. was not receiving a favorable eval. Did she tell you that Sgt. was indecisive, could not make a decision and was a borderline incompetent? No. Were you told by members of the Jail staff that wanted to talk to you and did they tell you what the request was for? (SS/I:Complaints/C0-03-09- 14
WILCOX:
WILCOX:
WILCOX:
WILCOX: " WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL SERGEANT -part 2 wanted to talk to me? Talk to you? Yeah, the day I came in about his good time. And did they tell you what it was about? His good time. His good time. Did they tell you that it was about release date? Yeah. So that would be the good time, okay. How did Sgt. decision making abilities get into the conversation with you and The four different dates. And that conversation came up on your part? Or part? part. Like I said when I walked in he had four different dates written down on the board and a speech prepared. And that was That was But any of those dates on the board could have been correct and they weren't there prior on your last time you were in the kitchen and looked at the board, correct? Correct, they were in his writing. In writing? Yes. Are early releases for Trustees required to be approved by the Jail Commander prior to giving a release date? Typically no, but we typically let the Jail Commander know, for approval. (SS/I:Complaints/C0-03-09- 15 r' I ( ~ WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL SERGEANT -part 2 So are you required to receive approval for release dates of more than seven days by the Jail Commander? Yeah. Previously, you ran the release dates by Manager Bartley if they were greater than seven days. On this occasion, occasion, you did not confer with the Jail Commander. Why is that? I didn't think anything of it. I figured with the amount oftime that he had been in there, that 14 days was fair and adequate. It had been past practice, so I didn't think you'd have issue with it. Past practice without approval, or past practice that's over seven days that you're supposed to get approval for a release of a Trustee? Well, there is no policy on I have to get approval by the Commander if I'm given 'em extra good time. But in the past, you've always gotten approval prior, if you gave over more than seven days, correct? Typically, yeah. And this time you did not. No. And that would reason because again sorry I didn't hear it. There's no reason, I just didn't. I didn't think anything of it. Were you surprised that wrote a letter to the Jail Commander? I was. Why were you surprised? Because typically, everybody wants to file a complaint and no one ever does. But did you not encourage him to write the letter? I didn't encourage him, I told him how to. (SS/I:Complaints/C0-03-09- 16 ( WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL SERGEANT -part 2 And how did you tell him to write the letter. If he wants to file a complaint that he could put his words on paper and send it to you. What subordinates have expressed their concerns with you about Sgt. performance. What have you done with that information? I either just ignore it because it's been told so many times I imagine several different people, or I take it up again. Do you advise Manager Bartley? I did initially, but over the past couple years, not really. So that's different from what you've stated earlier. That you did advise her, you would advise her of it but- I did, I have and I have, and I did, do I always, no. And you have not done that in the last couple years? No, I've done it in the last couple years, but I haven't done it every time it's come down the pike. And you've never addressed it with Sgt. to help him out as a co- supervisor? No. Did Manager Bartley ever give you any advice on what to do to help out? No. Have you ever asked any other person in the department for advice and how to help resolve this issue? No. Have you ever talked to Sgt. regarding his performance and passed down what others think ofhis supervisory skills? No. (SS/I:Complaints/C0-03-09- 17 ( WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX: STATEMENT OF JAIL SERGEANT part 2 Why not. Wouldn't you think that would be the professional thing to do? Coming from me, probably not. I think would take it as another personal attack. Why would he take it as a personal attack if you guys work together in the same department, the same Jail, just on different sides? Why would he think it's a personal attack? Yes. Because ifi go to him and say that I think your leadership style's lacking and here's why, that's my opinion and that's how he's going to take it. Have you ever addressed that with him and said, this is what I see you're doing wrong, or what we could improve on, or was it always directed as an attack to where it was not a helpful communicative way to do something? No, we just never communicated period about how he does things, or how I do things. In your opinion is Sgt. a incompetent or is it just that your views and supervisory skills are 180 degrees out from one another like you're more black and white and he's more in the gray area? I'm more black and white, and I don't even know ifhe's in the gray area. You stated in your previous interview with Commander Karlewicz that Manager and you had a discussion related to Sgt. eval. When she told you about the evaluation, that it was not favorable, did she also use the words that he could not make a decision, was incompetent as a supervisor? No, all she told me was that he got a negative, or needs improvement eval. Do you still have conversations with Manager Bartley regarding issues in the Jail? Yes. What are these conversations about? Are they about performance issues with members ofthe Jail staff? (SS/I:Complaints/C0-03-09- 18 ( I
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL SERGEANT part 2 These days, no not really. Urn, what's just typically what's going on. How are things in the Jail. Lik) give me an example please. Day to day business. How's it working for you? Other than that, she knows how the Jail's run or being run. And how does she know how the Jail's being run, when she's not associated with the Jail anymore as she's dealing with SCORE and her uh attendance at work is at our building is less and less because she's away from the building more. Because she was in charge of it for the past 10 years and business doesn't change. J \'\){ 11#) So you have phone or email conversations with her, Yeah. Over issues in the Jail? Just the day to day business. If I have a question that I don't know the answer to, I'll call her and ask her as well. Why do you call and ask her instead of the Jail Commander, i.e. me now? I do call you now. The last time I had a question, I believe I did call you and ask you. Yes, you did. Which Jail staff members do you have conversations about? With Manager Bartley? . What do you discuss with Officer about? Oh, just how he's doing out at the academy. Who else do you have conversations about? That's about it other than uh the last time we talked about was that he got a negative eval. (SS/I:Complaints/C0-03-09- 19 ( WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX: STATEMENT OF JAIL SERGEANT -part 2 And that is when you guys were going to the SCORE meeting in Seattle? Yeah. That's the only other times that you have talked about Jail staff members with Manager Bartley? Those two? Recently, recently, yeah. And what was the last recently time that you've talked with her about the issues in the Jail? Today. And what did you discuss with her today about Jail issues? Today was mainly how the trip was in Kentucky and what's going on with SCORE. Not necessarily downstairs. Would it surprise you ifl told you that Officer and I had a conversation about this internal investigation? No. How much information did you tell him about the letter and harassment and use of force and other allegations against you? Oh, just that I thought it was crap, pretty much. That pretty much sums it up. When did you and Officer compare the allegations of the complaint? Urn, the day you served him as a subject when I came on shift and he handed me his sick slip cause he was going home and I had looked at his paperwork and I was coming up to ask you what was going on and you served me with mme. Did you and Officer talk about the questions I asked during the interview? No. So you did not have a conversation with Officer after or post interview with Commander Karlewicz? (SS/I:Complaints/C0-03-09- 20 I \
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
( STATEMENT OF JAIL SERGEANT -part 2 I think, no I went home right after that. So you did not talk to Officer about your response, YOUR responses to the questions asked in the interview? No. Did you talk to anybody else? Yes. Who did you talk to? Oh, I vented probably to whoever was working staff that day. Would it surprise if I told you that Officer and I had a conversation about this internal investigation? No. Is he one of the persons that you vented to? Yes, he was on staff. So what information did you tell him about the allegations, the letter, the harassment, the use of force allegations? Again, that I thought it was crap. I wasn't specific about the nature of the charges just that I thought the charges were garbage. So you had, you did not talk to him- I didn't go into depth to him about what it was all about. I just said these are the charges that I'm accused of and I think it's crap. Did you also talk to Officer He was probably in the control room, but I didn't specifically talk to him. So did you talk to Officer about the questions asked during the interview? No. (SS/I:Complaints/C0-03-09- 21 WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL SERGEANT -part 2 Would it surprise you that Officer and I were to have a conversation about this internal investigation. Yeah. When you talked to Officer what did you tell him about the letter, the harassment, and the allegations against you? Again, that I thought it was crap. What else did you relay to Officer Pretty much the samy thing that I've relayed to everyone else, just what I was charged with and thaMhis was trash. :r You did not go into the responses with him? No. You did not go into the questions with him? No. Did you tell him that his name was mentioned in the investigation and that he should be prepared to be served the notice of the allegations? No. Would it surprise you that Commander and I were to have a conversation about this internal investigation? No. What information did you tell her about the letter, the harassment, and the use of force and other allegations? I talked to Commander the day of, right after the interview. And what was Commander s response when you discussed the questions with her during the interview or post interview? Again, I was vague with Commander She reminded me of the gag order, so it was a brief discussion about what my charges and allegations were and then we went into talking about my son. (SS/I:Complaints/C0-03-09- 22 WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX: STATEMENT OF JAIL SERGEANT -part 2 And what was Commander s response when you discussed the interview? ,q<;jL-et> t:>ul()&l She was more of just there to listen to me vent. What advice did she give you? To uh stop talking about it now. Did you go to her officer and talk with her or did she call you in the office? I went to her office. I just stopped by to see her. Prior to discussing the internal with Commander did you in any way indicate or asked that the conversation be kept between the two or you? No. At any time during or after discussing the internal with Commander did you in any way indicate or ask that the conversation be kept between the two of you? No, I lmew, at that point I lmew when, when what's it called, gag order, I lmew I broken the gag order and I had stated to her, that I know I've broken the gag order. And what was her response? Stop talking about. Then that's when we switched up to talking about my son. And how much conversation did you have about the internal with her before? Basically, it was just like everyone else. I had stated the charges, told them what I thought, told her what I had thought about 'em. Did you in any before or after the conversation with Commander that you had been ordered not to discuss the internal with anyone? Well, yeah, like I had said, I stated that I knew I was breaking the gag order. And what was her reaction? (SS/I:Complaints/C0-03-09- 23
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL SERGEANT -part 2 Then stop talking about it. Are you aware that subsequent to your conversation regarding the internal with Commander that she was questioned about the content of the conversation by Deputy Chief Marsalisi? No. Did she, did you have another conversation with her. Did she tell you that she told Deputy Chief Marsalisi about the content of your conversation you two had together? No. So you don't know if she's been truthful or not? I don't know, I didn't know she talked to Deputy ChiefMarsalisi. What additional conversations related to Commander did you have. Have you had any other conversations with Commander No, not since that day, no. Would you be surprised you that Manager Bartley and I had a conversation about this internal investigation? No . . How much information did you tell her about the letter, the harassment, the use of force and other allegations against you? Pretty much the same as I've told everyone else. Just what I was being charged with. And what was Manager Bartley's response when you discussed the questions asked during the interview. Pretty much the same thing as Commander And what was? I've been gagged so let's not talk about it. (SS/I:Complaints/C0-03-09- 24 WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL SERGEANT -part 2 . Did you tell her that you'd been gagged, or did she say that you've been gagged? She asked ifi had been gagged and I said yes, and she said, okay, we're not going to talk about it. So how many questions did you discuss prior to her asking that question? I didn't discuss any questions. I just discussed the nature and the charges. rJb specific questions. What advise did she give you. Same thing, not to talk about it. Who else did you discuss this internal with? That's pretty- well, girlfriend at home, and my Guild rep. And no other members of the command staff, the Jail staff, or other members of the department besides your Guild rep? Manager Bartley, Commander Sgt. Again, it was brief, vague and it was just the nature of the charges. Did you go to Sgt. or did Sgt. come to you? He was down in my office. And how did the conversation begin, or brought up with Sgt. with this internal? The paperwork was sitting on my desk and I wasn't a happy camper that day. It was the same day. And what did you relate to Sgt. on this? Same thing, nature and charges and that I'm gagged so I'm not going to talk about it anymore? Did he ask you any questions on it? No, he didn't want to know. (SS/I:Complaints/C0-03-09- 25 ( WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL SERGEANT part 2 Are you aware that Manager Bartley and Commander are going to be officially interviewed as part of this internal investigation? No. What do you think they're going to - why do you think they're going to be interviewed as part of this internal investigation? Because I talked to him? Are they going to give the same information as you have just given me. Yeah. Do you think the information they reveal will prove or disprove your statements? It will prove my statements in regards to our conversations. So what specific things did you discuss i.e. harassment, use of force, performance issues with Manager Bartley, Commander Sgt. or any other person? That was it, exactly that. What? The nature of the charges. Just the allegations? Just the allegations as laid out on that piece of paper. And your subjective opinions that you thought the allegations were crap? Correct. When I finish interviewing the Jail staff members regarding this internal investigation am I going to be surprised that you discussed this internal with everybody down in the Jail? No, you shouldn't be surprised. I just listed off the entire staff. (SS/I:Complaints/C0-03-09- 26 WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
( STATEMENT OF JAIL SERGEANT part 2 When you had all these conversation with other members, did you forget that you had been ordered not to discuss the internal with anyone? No. If you remembered the order, then why did you violate it? Probably because I was pissed. Any other reason? That's it. Have you been trained in verbal judo? Yes. What is verbal judo. Being able to use my uh verbal skills to obtain a specific goal. Have you ever instigated or provoked an inmate to become hostile or aggressive in their actions so you could use force on them? No. Have you been honest in your answers during this interview and the previous interview with Commander Karlewicz? Yes. And all the questions and all the answers? Yes. When Commander Karlewicz ended his interview with you, did he give you a directive not to talk to anyone about this investigation? Yes. Did you comply with that directive? No. (SS/I:Complaints/C0-03-09- 27 WILCOX:
WILCOX: STATEMENT OF JAIL SERGEANT -part 2 The last statement I have for you Sgt. I'm giving you a direct order you are not to talk about this internal investigation with anybody except your Guild rep. Do you understand this? Yes. It is now 1553 hours and I'm concluding this investigation. (SS/I:Complaints/C0-03-09- 28 RENTON POLICE DEPARTMENT INTERNAL AFFAIRS WITNESS OFFICER ADMONITION Today' s date is ;;;.;;A=p=ri=l =23=''-=2=0..;;..09:;;.. ______ at / 5"" L; _) 03-09 Complaint Number hours. I am Commander Clark Wilcox interviewing Jail Officer ----- regarding a complaint of City Policy 300-3 Harassment, General Order 1.3.1 Use of Force General Order 26.1.1B Unbecoming Conduct, General Order 26.1.1 YY Ethics, Auxiliary Services SOP 038, Employee/Inmate Fraternizing which is alleged to have occurred between June 2008 to April2009 at unknown hours. Jail Officer , do you understand that this conversation is being tape recorded? ~ o r No) Jail Officer , you are here as a witness in the above listed complaint, a matter which concerns another officer. A complaint has not been filed against you, and you are not under investigation in this matter. Jail 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. Witness Officer Assigned Investigator PD _ Admin!Milosevich/COForms : ( STATEMENT OF I 'I, JAIL OFFICER COMPLAINT NUMBER: C0-03-09 INTERVIEWER: Commander Clark Wilcox LOCATION: Renton Police Department DATE: April21, 2009 1545 WILCOX:
WILCOX:
WILCOX: WILCOX:
WILCOX:
WILCOX:
WILCOX: Today's date is April23, 2009, and it's 1545 hours. I'm Commander Clark Wilcox interviewing EHI) Officer regarding a complaint of City Harassment RMC Policy 300-3, General Order 26.1.1B Unbecoming Conduct, General Order 26.l.l.YY Ethics, Auxiliary Services SOP 0-38 Employee Inmate Fraternization, which is to alleged to have occurred on or about March 2009 at 1645 hours. Do you understand this conversation is being tape- recorded? I do. Jail Officer you are here as a witness in the above-listed complaint, a matter which concerns another officer. A complaint has not been filed against you and you are not under investigation in this matter. Jail 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 Order 26.1. Do you understand this? I do. I have a series of question to ask you. What is your position with the Renton Police Department? Corrections Officer. As a senior Jail staff member do you believe it is your responsibility to set the example for your peers to follow? Yes, it is. As a member of the Jail staff, do you think it is your responsibility to ensure a cohesive working releationship are in the workplace? Yes, it is. Do you think this responsibility includes good working relationships with both the A and the B side of the Jail staff? (SS/I:Complaints/C0-03-09- 1 (
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL OFFICER Yes, it is. Do you think that this responsibility includes working relationships with other divisions in the department? Yes. As a member of the Renton Police Department, are you aware ofthe City's harassment policy? lam. Do you initial that you are aware of the city's harassment policy 300-3 when you receive your annual evaluation? I do. As a member of the Renton Police Department, are you charged with following the policies and procedures set forth by the City of Renton and the Renton Police Department? I'm sorry would you repeat that one. As a member of the Renton Police Department, are you charged with following the policies and procedures set forth by the City of Renton and the Renton Police Department? Yes. As a member of the Jail staff, are you charged to report violations to your direct supervisor when noted? Yes. As a member of the Jail staff, are you charged with the health and welfare of inmates that are in custody of the Renton Police Department? Yes. Do you know, or have lmowledge of Auxiliary Services SOP-038 Employee Inmate Fraternization? Yes. (SS/I:Complaints/C0-03-09- 2 ( WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL OFFICER Have you ever had a conversation with any inmate regarding the daily operation of jail procedures or the new jail? Or the new jail, what do you mean? Sir. The new facility that's going to be created eventually? I don't believe so, uh, no, I don't believe I have. Have you ever heard a member of the Jail staffhaving a conversation with any inmate regarding other jail staff members within the last 90 days? Uh, repeat that one as well, sir. Have you ever heard a member ofthe Jail staff having a conversation with any inmate regarding other Jail staff members within the last 90 days? No, sir. Have you ever had a conversation with any inmate regarding the performance of any member of the Jail staff? No. Have you ever heard of a member of the Jail staff having a conversation with any inmate regarding the performance of the Jail staff? No. Did Trustee ever ask you for his release date during the month of March 2009? Yes. Where did this conversation take place? Probably either in the courtroom or the kitchen area. Those are the only two places that he and I primarily ever met you lmow most of the time. Are you aware of any other Jail staff member that would, that asked for his release date? No. (SS/I:Complaints/C0-03-09- 3 WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX: ( STATEMENT OF JAIL OFFICER Is it custom that inmate asks a supervisor or a Jail staff member for their release date? It's not uncommon for an inmate uh to ask any uh staff member their release dates via kite and/or verbally. Uh, we usually ask for it to come in writing because of its, it's best to have it in writing first, and then we can properly research the response. A Trustee is a little bit different because they can, it's what, they get what's uh called gift time. Urn, it used to be they'd get a special matrix of time uh based on the length of time they were there and they got Trustee status. That no longer is applicable due to urn probably two plus years ago recent legislation forbids that. Now it has to be done by gift time. Anyhow, that can only be done by the two persons in rank and that is the sergeants, so that has to be forwarded on to those two individuals. Uh, so if that individual's interested in their actual bottom line time out, that is forwarded on to whichever sergeant is on duty. So the two individuals you're referring to that would- -are either Sgt. and/or Sgt. whomever is on duty and the reason I say both individuals is cause both of them- Sgt. is my primary Sergeant, but I, I work for both of them in the respect that I work Monday through Friday and and uh, they're both there during those periods of time. Okay, have you ever heard any member ofthe Jail staff ask or solicit any person or inmate to write a letter about the performance of any of the Jail staff? No. Have you ever requested or solicited a letter from any person or inmate regarding another Jail member's performance? No. Do you have knowledge of any member of the Renton Jail staff soliciting a letter from any inmate regarding the performance of any member of the Jail staff? No. Have you ever been directed by a supervisor or any other Jail staff member to solicit any inmate any written documentation regarding any department member's performance? (SS/I:Complaints/C0-03-09- 4
WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL OFFICER No. Were you present when Sgt. gave inmate his release date while in the Jail kitchen or approximately thereof? No. I did see it up on the board and uh Sgt. initials next to it. When it actually took place. When that took place, I don't lmow. I didn't uh- next to Sgt. initial I didn't see a date or anything, but I did see whatever those two dates were. There's always a high and a low, meaning the worst case scenario and the best case scenario for release date and then I saw ID next to it for who may ultimately made that decision urn and I believe it was the month of March. Urn, but I didn't see that take place or I didn't see it transpire. So you aren't part of any conversation about that? No, no sir. Just other than a you know- uh and I in passing, he would periodically ask have there been any updates on my, on my release time and I said that's something you're going to have to take up with you lmow either sergeant whichever one it is that you are able to connect with, and you know, you know and what it is it's a leap frog type situation. Three on Three off and you have to you lmow get whichever sergeant it is that you can get ahold of if they happen to be on weekends or whatever call that particular sergeant and I don't know who it was that he was working with. So he could have been working with both sergeants? Correct. Correct. And ultimately it appears by what I recall on the board, he ultimately was able to get gift time from Sgt. And that gift time is because of what reason would an inmate get gift time? Uh, their work performance and uh the length of time that they've worked for us. Urn, so uh you know if they only worked for us say for week, 10 days and they only worked moderate performance, they, I would presume that or would urn, would afford them a very small amount of extra good time. And there's some restrictions for instance, one of the persons I just put on as a Trustee today I can't give him any good time because he's serving off fines so he knows you have to do 10 days. Uh, he knows that up front, so there is no gift time involved. It's only persons that are doing straight time. They know that up front. Most of their benefit comes in the fact that they can Pt:{Zf.IAP.> r-JING: two meals, they can have some extra phone privileges. They get their own room. They can perhaps use the rest room with some privacy. Sleep without (SS/I:Complaints/C0-03-09- 5 WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL OFFICER having to listen to someone snore. Uh, those types of things and those are things that we explain to them. Uh, you get, those are the benefits that you mostly get is those types of things. Urn, and then the little bit that you get at the very end is gravy. Urn, and then when left, not only did he get that little bit of gift time, we also got him in to a, a uh program. Whether he still is in it or not, but we got him into a program through mental health professional with housing and everything. When you say we, who's we? Me. Yourself? Yeah. So you assisted to take care of for the inmate health and welfare. Yeah, I uh, we have uh, well it's actually through Judy has a gentleman that comes down and talks with these different individuals who fit this type of bill and happened to be one of them and uh they took him right out of here. We actually kept him one extra day. They picked him up right at the front door, rather than send him out of here and have him go back to his poison which is alcohol and introduced him to some different programs so I know we're getting off the subject a little bit, but uh, when he left here he was at least introduced to those types of things. So he was not given any special days off, he just got what was in accordance with policy of the gifted time for being a Trustee and working in working out the sentence. Correct. To my lrnowledge. Did you hear that if Sgt. solicited a letter from Trustee state that he needed to write a letter to the Jail Commander stating that Sgt. was incompetent before he received his good time? No, sir. Did you hear Sgt. tell a Trustee that he needed to write in a letter that Sgt. did not make a good decision and was indecisive? No, sir. (SS/I:Complaints/C0-03-09- 6 { WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX: STATEMENT OF JAIL OFFICER Were you directed by any member of the Jail staff to talk to inmate regarding a letter to the Jail commander? No. Did you communicate to any member of the Jail that a letter may be written and tell them what to do with it if it came from No, sir. Were you aware that Sgt. talked to inmate about a letter to the Jail Commander? No, sir. You have no information about that at all? No, sir. Are you aware that Trustee did write a letter to the Jail Commander? I heard inklings about it today, but just, when something like this happens, the least I can hear about it, the better off I am. I heard that there was something like that that happened, but I, I don't want, I did- I don't want to know. Who did you hear that from? Urn, Sgt. When did Sgt. tell you that? In generalized conversation. About what time today was that? Post interview. So after he already knew that he was up for urn an interview with an investigator, which was not me, he went down to the Jail and told you that, did he tell you what the investigation was about? No, sir. Not in detail. Basically, what did he tell you? (SS/I:Complaints/C0-03-09- 7
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL OFFICER Just that something about a letter or something, that had taken place and as you stated early in this, ifl don't tell you the truth, then I'm in trouble, correct? That's correct. And you have no idea or any presence about the conversation between Sgt. and inmate ____ _ No, I really do not, I- prior to today's date, I did not. But today, Sgt. made you aware that he was under investigation for a letter that an inmate wrote, i.e. wrote to the Jail Commander? Yes, sir. Did he say anything else about that? No, sir. Did he say who else was involved in it? Both he and Officer are, are the subject, to what extent I have no idea. Did Officer say anything to you about the investigation today? No, sir. Do you believe that Sgt. is an ineffective supervisor? In some respects, yes, sir. Urn, I care, I care a lot about Sgt. but I, there's some things that he and I don't see eye to eye about. Urn, I just, I feel that urn,- Is it a difference of opinion, difference of direction, difference of enforcing policies, or just not enforcing policies? No. I feel that uh, I feel that there's certain things that you know, that should be dealt with on a more regular basis down there that aren't. Uh, you know when, you lmow when we get into the, he and I get in arguments when we get into differences, or you know making sure things are ordered and, you lmow, yes, his ideas of priorities is what is to take care, you taking care of and when it's to be taken care and when you work three days on and you're three days off, it may slip through the cracks, then consequently we end up not getting it. Urn,- (SS/I:Complaints/C0-03-09- 8 WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX: STATEMENT OF JAIL OFFICER You're referring to food orders, correct? It could be anything sir, today for instance uh and this wasn't his, this wasn't his doings. I ended up having to go- Does this reflect to the questions that I'm asking you that you have a difference of opinion about whether he's effective or non-effective supervisor, is that correct? Yeah, as far as communication skills and those types of things, urn, one thing that comes to mind just recently I, I communicate real well with both, both my supervisor's as well as yourself in my estimation regarding and you guys have been very good about allowing me to go when you're able to go to SCORE- I communicated that there was an upcoming, there was upcoming meeting, this was a couple weeks ago. Urn, well, uh Officer a tendency to you know at the last minute put in for time off. Well and consequently I was unable to go to the SCORE meeting cause the way you put it and I take that, I take that for your word, is that if we're not fully staffed and we've, or not cameras, but bunlcs going in, urn, that is the first priority and that was when we were having all the, the eight bunlcs put in. That was our primary duty at the time. And I, you know, I, I kind oftriajed, or prioritize things. Urn, so I didn't, I called Penny up and I, and I didn't go that day. So - What day was that, do you recall. I could get it off my computer easy enough. But, it wasn't uh, the days that I authorized you to go? Yeah, you, you had pre-authorized me under the conditions that we were, that we were, that we were adequately staffed. And I got to go to the other two the Monday, Tuesdays. And he and I had a nice discussion down the hallway urn about the fact that I thought he was upset with the fact that urn he isn't going to SCORE and I am. I said, I volunteered for it. I said if you want to go to SCORE, that's fine if you want to go to the SCORE meetings, that's fine, that's- I'm not trying to undercut you on this. I said, it's just happens to be a real high interest level of mine and I said if you want to go that's fine, too, or you can take my place you lmow and it just, the security and safety of the new facility as well as the food ordering is something that really interests me. Urn, anyhow, yeah, - Did he follow department policy, did Sgt. follow department policy? (SS/I:Complaints/C0-03-09- 9
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
r' 1. STATEMENT OF JAIL OFFICER Yeah, I believe so, urn, I yeah, I believe so. Did Sgt. follow department policy? Yes, I believe so. Do you think he's uh, and ineffective supervisor? No, sir. What do you think the difference is between Sgt. and Sgt. I see their both good people. I see, they are both very approachable. Urn, urn, but approachable in different senses. Uh, gosh this is hard to explain. They have different styles. They have different styles, yes. Are both styles within policy? Yes, they are, sir. Okay. When you said that you contacted Penny to let her know that you could not go, did you let one of the sergeants know prior to that? That I was going to be going? That you were not able to go to the meeting you missed? Urn, I think I, I think when I called Penny on her cell phone because I, and then I don't remember whether I shot off an email to him right away or not. There again, I would have it on my email.' Urn, because I keep all that kind of stuff. I couldn't tell you offthe top ofmyhead sir. This maybe a repeat question, but do you, why do you believe there's so much dissension between the A and the B side squads in the Jail? You know, Penny asked me that very same question and she asked me what I really liked about working 5 and 2. And I, I guess I've been doing it close to a year now or more. And what I, what like the most about it is the fact that I get to work with both sides and actually feel like I, I like, I like both of them and I, and I don't see that like perhaps other people maybe do. Urn, I don't know that there's as much dissension as as people perceive. I really don't. Urn, you (SS/I:Complaints/C0-03-09- 10 WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL OFFICER know, may, you lmow there's always a certain amount ofum he did that or he did that you lmow finger pointing going on, urn, there's some of the, not younger, but urn, less uh, urn, - experience? -experienced individuals who work night shift a little more interested in perhaps urn working on computers and and not doing what perhaps they're supposed to be doing and it shows up in their work in the morning when we're doing our when we're going through and checking our, when we're checking our files. Urn, and that's one ofthings that seems to address that and doesn't or at least it appears on the surface that he doesn't. Uh maybe he does and we just don't see it. Uh, we meaning, you gotta, you gotta say A or B. WeB because I'm a Band an A. I can't, I'm like both. Urn, but I do all, I kind of do all that. You lmow like today, we're looking at the boards, and the nurse is going, this person's name is spelled wrong, it's like totally dyslexic and so is this , was Alder like the tree. Not a big deal until you're calling out to the guy and he's not answering up because you're calling him an Alder tree instead of an . Okay. You lmow everybody has, you know, you're hurrying, or you're not paying attention to what you're doing, pay a little more attention to that. You're forgetting to put your last name- middle names on the deal. You're forgetting to put addresses on. You're forgetting to put cashes in on warrants. Just little things and you can see, every morning you go in and you correct little things. We all make mistakes. Are these things being taken care ofby supervisors? What it's got down to now is the guys are just taking care of it and just making it go away and to a certain extent, Clark, that's the way it should be done, but it's never going to get corrected if it, ifthe sergeants don't address it, but they found out that the, at least the one sergeant - Which one sergeant? Sergeant doesn't seem to address or at least it appears on the surface to address it and I don't, it may be the same case with the other sergeant as well, I don't lmow. And it seems to be the graveyard crew. Uh, they're great guys, but I think they're just, their focus is a little bit different than the day shift. The day shifters are just, boom, boom, boom, boom. (SS/I:Complaints/C0-03-09- 11 WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL OFFICER fUI250 I Do see this issues that come up 6 e l ' J l ? ~ both A side and B side? I do. It's almost equal. And like I said, I see both sides. So, and there's nothing where anyone's going to get hurt. These are just, thyse are little things that just need to be caught and corrected. Were you ever instructed or encouraged to report or advise Sgt. of any perceived negative actions or lack of actions regarding Sgt. duties? Oh, I probably am a little- no I've never been asked to do anything like that. I've probably overreacted a little bit too much about, regards to, I was led to believe by Sgt. that the food order was mine to do. Couple three months ago and I took that upon myself and I took pride in it. I did it. Sgt. took oh what's the right word. He's got a lot of ownership to that uh and didn't like the fact, in my estimation didn't like the fact that I had so. He would continually, when he was there, would, would take it back, or what have you. Finally that same day, when I discussed with him down the hallway, in an empty room, I discussed with him about how I felt about in a professional manner, in my estimation I felt that he didn't perhaps, he didn't feel that uh, if he was upset I was going to these SCORE meetings I would no longer go and I kind of explained to you that earlier. And at the same time I said, and about this food order situation, obviously that's an issue with you and that's before this finally came to a head and now I am no longer the persona doing food orders. I know, but let me explain myself. He was telling me that was doing all my work for me and all this and that - Who was telling you that? Sgt. Well, it wasn't actually necessarily true, I would go inside the refrigerator and I'd have down there getting freezing cold and I'd have him doing the actual count and not writing stuff out and then we would do the math together . was a heck of a good worker and then we would do the math and he would, you know we would talk about how the uh offset count- no I didn't make it, all the pretty colored counts like does. Everybody has their own way of doing things. I did it my way, he does it his way. I kind of got off (interrupted) What the question was have you ever, were you ever instructed or encouraged to report or advise Sgt. any perceived negative actions. Oh, I got off on a tangent, yes I guess that's how I got off on this tangent. I guess I've talked to him too much about, I thought food orders were mine. I talked to him too much about that. I said keep taking it back. And then (SS/I:Complaints/C0-03-09- 12 ( WILCOX:
WILCOX:
WILCOX:
WILCOX:
WILCOX:
STATEMENT OF JAIL OFFICER finally he evidently came up and spoke to you and finally lmow it's his and his so yes in that respect, but in regards to anything else, no sir. Do you believe there's ongoing harassment in the Jail between employees or supervisors? No, sir, I don't believe so. No. Do you believe that the perceived harassment is just personality dislikes, or is it fall within the policy that people are jockeying for position trying to overcome somebody's work performance to get a higher position at the new SCORE facility or anything? No. I the way I perceive the SCORE facility is you, as large as that place is going to be if you want to go over there, uh, and you do, and you do your homework, you can come in as a Corrections Officer, you could come with a specialty position, or you could even come in as a supervisor if you did your homework and you were, and you were fitted, fit that type of position. There's room for everyone. We're going to be sending the most people over there. There will be plenty of room for everyone if they so wish. So I don't know that there's necessarily any jockeying to be done. Urn. You know at least I, as, I consider myself a senior officer. I don't feel that way no. Urn, do I, I guess I feel somewhat deflated in the respect in that I lmow you have reasons for what you have done, I, you taking away the ability for me to do food order, and I lmow there's reasons why you've done what you've done and I lmow taking away me having the Cadet Program there's reasons for you doing what you've done, because I'm not a supervisor. I suspect it's probably your reasoning behind that. Urn, but I took pride in those things that I had assigned to me prior to your tenure. Those kinds ofthings are important to me. Uh, but on the same hand I, I realize you can only do what's within the scope of- And that we can talk about another time. What I'm concerned now is about harassment in the workplace, whether or not that you were aware of a conversation between Sgt. and inmate No, no. - release date? No, sir. No idea about the letter? Not until maybe the one little thing that I heard today. (SS/I:Complaints/C0-03-09- 13 ( WILCOX:
WILCOX:
WILCOX:
WILCOX: WILCOX: STATEMENT OF JAIL OFFICER And what you heard today was from Sgt. post interview- In quick passing. A conversation that he referred to that someone may have wrote a letter and I'm in trouble for, something of that nature? Yeah, before he went home, yeah. Okay, it is now, do you have anything else to add Officer No, sir. It is 1615 hours and we're concluding this talk Thank you. (SS/I:Complaints/C0-03-09- 14 ( ( ( RENTON POLICE DEPARTMENT INTERNAL AFFAIRS WITNESS ADMONITION 03-09 Complaint Number hours. I am Today's date is May 13, 2009 _____ at 16 ------------------- Deputy Chief Tim Troxel interviewing Commander __ __ regarding a complaint ofHarassment, Use of Force & other allegations a g a i n ~ ~ Sgt J. which is alleged to have occurred on __________________ at ______________ __ hours. Commander _____________ , do you understand that this conversation is being tape recorded? (Yes or No) Commander , you are here as a witness in the above listed complaint, a matter which concerns a police department member. A complaint has not been filed against you, and you are not under investigation in this matter. Commander , 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 PD _Admin!Milosevich!COForms ( STATEMENT OF COMMANDER COMPLAINT NUMBER: C0-03-09 INTERVIEWER: . Deputy Chief Tim Troxel LOCATION: Renton Police Department DATE: May 13,2009 1606 TROXEL:
TROXEL:
TROXEL:
TROXEL:
TROXEL:
Okay, we're back on the record. It's 1606. The recorder is working properly. Again, this is Complaint Number 03-09. This is a witness statement with Commander Today's date is May 13,2009. I'm Deputy Chief Tim Troxel interviewing Commander regarding a complaint of Harassment, Use of Force and other allegations against Sergeant which is alleged to have occurred over months previous to this. I believe the interview today is specifically regarding a conversation the last part of April or in the first ofMaybetween Commander and Sergeant Commander do you understand this conversation is being tape- recorded? I do. Commander you are here as a witness in the above-listed complaint, a matter which concerns another Police Department member. A complaint has not been filed against you and you are not under investigation in this matter. Commander 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 Order 26.1. Do you understand that? I do. I'll show you the form and ask that you sign in the witness blank and then I will sign in the investigator blank. Thank you. The Witness Admonition is uh been signed and now we're moving on to the questions. Any preliminary questions before we start Commander No. Are you aware of an internal investigation involving Jail staff? lam. When did you become aware of the internal? I couldn't give you the date. Urn, I knew something was going on because Commander Wilcox urn kept coming in my office looking for Use of Force (SS/I:Complaints/C0-03-09- 1 STATEMENT OF COMMANDER reports. Specifically for the Jail. So I had some inkling I guess that urn something was brewing, or boiling there. Urn, at some point after Commander Wilcox started I think actively investigating it, urn, Manager Bartley told me that there was kind of internal investigation urn going on in the Jail and that urn she said that Chief Milosevich had touched base with her on that and that it involved urn urn a letter written by a Trustee. Some kind of letter of complaint written by a Trustee, urn about and that urn, some of the language in the letter may have resembled some ofthe language in an evaluation that she had completed on him and that there was some other allegation, possibly of regarding use of force, but she didn't know details on that. TROXEL: And when Manager Bartley spoke with you about the internal, urn, her uh becoming aware of the internal was based upon Chief Milosevich advising her of it occurring. That's correct. TROXEL: Did Manager Bartley mention that anybody involved in the internal had also spoken with her about the internal at that point? No. TROXEL: Besides you getting information :from Manager Bartley, did anyone else uh tell you about the internal investigation? Urn, Sergeant Skelton simply told me that he was representing on an internal investigation. That he was acting as a Guild rep and that there would be an upcoming interview and so he was letting me know that urn he'd be doing that. TROXEL: And after you spoke with Skelton, did you at some point have a conversation with Sgt. I did. TROXEL: Urn, did you also have any discussions urn at the beginning of the internal or over the last couple weeks with uh Deputy ChiefMarsalisi? I did, yes. TROXEL: And what was the content of those conversations? Urn, Deputy ChiefMarsalisi urn, came to my office and said you know by now you probably lmow that there is an internal investigation going on and I said (SS/I:Complaints/C0-03-09- 2 ( STATEMENT OF COMMANDER uh, yeah, you know I've heard about it. And urn, he said something to the effect of I don't remember the whole conversation or every word of it. He said something to the effect of let it run its course. Urn, he said that urn, you know maybe there is, maybe it was a big deal, and then maybe it was gonna tum out to be nothing and he said that urn Manager Bartley urn wasn't really a, exactly a suspect maybe a witness, kind ofwho knows sort ofview of it I guess and uh, urn, so that's the conversation I had with Chuck about it until we had a later conversation. TROXEL: How many conversations total did you have with Detective, er excuse me, Deputy Chief Marsalisi about the internal? Urn, the first one that I just described. Urn, I think two, I think the first one I just described, and then, I can't remember ifthere was one in the middle and then we had one where he asked me if I had talked to to uh
TROXEL: Okay. About it, if had had a conversation with me about it. TROXEL: And did you have uh one or more conversations about this internal investigation with Sgt. Urn, Ihadone. TROXEL: Okay, and where did that take place? In my office. TROXEL: And was that before or after your conversation with Deputy ChiefMarsalisi? That was after my first conversation with Deputy ChiefMarsalisi. TROXEL: And again, where did that conversation with take place? That was in my office. TROXEL: And there was only one. That's correct. TROXEL: Were there any discussions by telephone besides the conversation in your office? (SS/I:Complaints/C0-03-09- 3 (
TROXEL:
TROXEL:
TROXEL:
TROXEL:
TROXEL:
TROXEL:
TROXEL:
STATEMENT OF COMMANDER With- With No. Any email correspondence with about that one way or the other- No, no. whether he instigated that or otherwise. No. Or anything by text message? No. Or anything in any other form? No. Okay. Uh what did Sgt. tell you? Uh, Sgt. told me that urn, he, he just described the allegations. He said that urn, a Trustee urn had asked, came to him and asked what his release date was and that he had told him that his release date is April, went and checked and said it's Aprill 81 and that the Trustee urn then complained that he had asked Sgt. the same question several times and had received a different answer every time and expressed some kind of frustration over that. Urn, and that urn subsequently the Trustee had written some kind of letter of complaint urn regarding and that he, Sgt. was being accused of having helped the Trustee craft that letter and then he urn said that there was an allegation that he had used a taser and had not reported that taser use. Okay. And regarding the uh letter written by this Trustee and that there was an implication or an allegation that may have helped the Trustee craft that letter, did make any statements to you about the uh his assistance in putting that letter together or not? Urn, not that I recall. (SS/I:Complaints/C0-03-09- 4 ( TROXEL:
1; TROXEL:
TROXEL:
TROXEL:
TROXEL:
TROXEL:
TROXEL:
TROXEL: ( STATEMENT OF COMMANDER Are you aware that subsequent to your conversation regarding the internal, the conversation with Sgt. that he has been re-interviewed and questions regarding intent or excuse me, re-interviewed and questioned about the content about the conversation he had with you? Yes. Urn, how did you find out about there-interview or second interview of
Urn, Skelton told me that uh Wilcox had come to him and said he was going to re-interview urn and then Sgt., uh, I'm sorry, Deputy ChiefMarsalisi urn told me that uh was being re-interviewed and at that time asked me if I'd had a conversation with him. Urn, besides what you've already said on the record here about what uh spoke with you about, did he discuss any other questions, any specific questions that were asked of him during either one of the interviews? Let me think for a sec. Cause it sounds like you and had one conversation in your office and that was post interview number one. That's correct. But you have not had any other conversations or communication with him since his second interview. No, he uh came by my office a couple of times I think in-between interview, within a few minutes of each other. He was up here talking to someone else and paused at the door as if he wanted to talk and I just waved him off both times. And that was after the first interview. That was after the first interv.iew and I think before the second interview so - And - okay, and also after your conversation with him. Yes. Okay, so it's like he had an interview urn - (SS/I:Complaints/C0-03-09- 5 (
TROXEL:
TROXEL:
TROXEL:
TROXEL:
TROXEL:
TROXEL: ( STATEMENT OF COMMANDER We talked. You guys talked, and then he came by another time- Did a couple flybys and I just, I just waved him off urn cause I lmew I'd done him a disservice and I didn't want that to uh expand and just get worse. Now besides the urn content of the interview he had with Commander Wilcox and then I also asked a couple questions ago if there were other questions that he was asked that he also shared with you - I don't recall him sharing any of the contents of his first interview. He just told me what the allegations were. Okay, urn, prior to discussing the internal with Sgt. did you or he in any way indicate that the conversation between the two of you would be kept between the two of you. Urn, yeah, yeah, he did. Tell me about- he, he- He, he said, uh, let me backtrack a little bit. Urn, we both, I was aware of a gag order and so was he. Urn, and urn, he uh so talked about the urn, you know the allegations, urn, he described those to me and I just gave him some advice not having to do with the internal, but having to do with kind of the rest of his professional life, urn, so not how to, how to answer questions or none of that, it was more of urn how, you know stay focused on doing the right things and stay focused on doing your work and doing your job to the best of your ability and that kind of stuff and then we talked about urn and his kids and uh he's in the middle of divorce and we talked about that, and then at the end of that conversation he goes, hey if anyone asks, we talked about and and I said okay. And so, that was the extent of how he wanted that conversation portrayed as the two of you talked about his kids? Urn, okay, yeah, I'm speaking on what's on his mind, but, yeah, that's how I would take that. Sure, but there wasn't a direct statement from him where he said I shouldn't be talking to you about this, but here's what's going on. (SS/I:Complaints/C0-03-09- 6 STATEMENT OF COMMANDER Yeah, in the beginning ofthat conversation, that's why I said we were both aware of the gag order, and understood that we were violating that. TROXEL: How did you become aware of the gag order? Urn, well, said I know there's a gag order, you know I'm not supposed to talk about this urn, shoot - TROXEL: Before he said that were you aware there was a gag order? I believe Skelton said when he got done urn, you know, we're done with that you lmow and there's a gag order. I was, I was aware prior to my conversation with I was aware that there was a gag order and that, that I should not be discussing that with TROXEL: Okay. Urn, you may have answered this, but did you in any way before or after the conversation with Sgt. indicate that he had been ordered not to discuss the internal with anyone? In other words you were aware of the gag order and you shouldn't be talking about it I did not say that to him, no. TROXEL: What, if any additional conversation related to the internal did you and have about the contents of the internal other than what you've already described? I think what I've already described. I haven't spoken to him other than to say you lmow, no, we're not going to talk and wave him off. I haven't spoken to him or seen him since that day. TROXEL: You mentioned earlier in the interview today that you had received some information from Manager Bartley about the internal in the Jail and that she was made aware of that by Chief Milosevich. Right. TROXEL: After your conversations with and Marsalisi or anywhere in between did you have any conversations with Manager Bartley about the internal? I did urn, it was after second interview so he'd been interviewed regarding his and my conversation, and uh, urn, she uh, let me think, she said that she hadn't been interviewed yet. She didn't lmow if she was gonna be, she didn't know what was going on at all. She said that had urn wanted to discuss it with her and she shut him down and did not discuss it with him. (SS/I:Complaints/C0-03-09- 7 ( STATEMENT OF COMMANDER Wouldn't allow him to do that. And I said, wow, I wish I'd, I wish I'd exercised that judgment cause I did discuss it with him and I've gotten him and myselfin trouble so. TROXEL: Did you discuss with her urn, what you and talked about. Urn, no, I, I told her that I'd allowed him to discuss urn the allegations, urn, but I didn't talk about the details of that. TROXEL: And besides that conversation with Manager Bartley after the second interview have there been other conversation with you and Manager Bartley about the internal? No. TROXEL: Either by telephone, or email, or text? No, no TROXEL: Or personal phone? No. TROXEL: Okay. Have you had discussions with anyone else about this internal other than the people we've talked about today in the interview? Yeah, I talked to my husband. Urn, let him lmow what was going on. And I talked to Chuck, Deputy ChiefMarsalisi, and I talked to urn, Kevin, Chief Milosevich, urn, and I touched base with Dave Skelton. TROXEL: Are you aware that other, other people in the department besides Sgt. have been directed to not discuss this investigation with others? And maybe I can ask that in a little clearer way. People that have already been interviewed whether subjects or witnesses have been directed or ordered basically a gag order to not discuss their interview with any of the interviewees or interviewers. Right. TROXEL: And basically have a gag order about the investigation. Right. (SS/I:Complaints/C0-03-09- 8 ( TROXEL: STATEMENT OF COMMANDER Okay. Uh, I'm now directing you not to discuss this interview or any part of this investigation with anybody else? Do you understand that? I do. TROXEL: Is there anything else that you'd like to add that you feel may be of interest in concluding this internal or related to your conversation with others about the internal. Just that urn, a couple ofthings. Number one, I, I did a disservice by allowing, I mean I, I uh knowingly allowed him to discuss that which I knew he should not allow or discuss and urn, if I'd shut him down and told him not to, then he wouldn't have and uh, so I feel urn a lot of responsibility for that urn. I also spoke with Dave Skelton about the urn, my dishonesty with uh urn Deputy ChiefMarsalisi and I spoke with urn Deb Needham in the Fire Department who's a friend of mine about it. Urn, not vented, but uh, I was pretty distraught over it so. TROXEL: And besides speaking with Deborah Needham about, about the internal- Well, I didn't talk to her- TROXEL: Did you speak with her about your uh your conversation and your self- disappointment I guess in how you handled it. Yeah, that's, yeah, that's correct. TROXEL: Was there any other discussion between you and Deb Needham about the specifics of the internal or any of your conversations with or Manager Bartley? Just that I had urn, I guess I expressed my disappointment urn, at urn my lack ofleadership and self-discipline with uh and urn then worse yet, my dishonesty with Deputy ChiefMarsalisi. TROXEL: Anything else you'd like to add? No. TROXEL: It's now 1627 hours. This concludes the interview with Commander
(SS/I:Complaints/C0-03-09- 9 { \ RENTON POLICE DEPARTMENT INTERNAL AFFAIRS WITNESS EMPLOYEE ADMONITION 03-09 Complaint Number Today's date is May 20, 2009 _____ at ______ /_Z,_4_r( ______ hours. I am Deputy Chief Tim Troxel _____ interviewing Manager Penny Bartley _____ _ regarding a complaint of Harassment, Use of Force and other allegations against Sgt. which is alleged to have occurred on over some period of months from late 2008 through early 2009. Manager , do you understand that this conversation is being tape No) Manager Bartley , you are here as a witness in the above listed complaint, a matter which concerns another officer. A complaint has not been filed against you, and you are not under investigation in this matter. Manager Bartley , 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 STATEMENT OF MANAGER BARTLEY COMPLAlNT NUMBER: C0-03-09 lNTERVIEWER: Deputy Chief Tim Troxel LOCATION: Renton Police Department DATE: May 20, 2009 1245 TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: Today's date is May 20t\ 2009 at 1245 hours. This is internal affairs investigation Number 03-09. I'm testing the recorder to make sure it is working properly. We're back on the record. It's 1247 hours and the recorder is working properly. Again, it's internal affairs complaint 03-09. Today's date again is May 20t\ 2009. I am Deputy Chief Tim Troxel interviewing Manager Penny Bartley regarding a complaint of Harassment, Use of Force and other allegations against Sergeant which is alleged to have occurred over some period of months from late 2008 to early 2009. Manager Bartley, are you aware this conversation is being recorded? Yes. Manager Bartley, you are here as a witness in the above-listed complaint, a matter which concerns another officer. A complaint has not been filed against you and you are not under investigation in this matter. Manager Bartley, 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 Order 26.1. Do you understand that? Yes. I'll ask you to sign the form today while we're here, but we don't have to do that right this second. Any preliminary questions from you before we get started? No. Are you aware of an internal investigation involving Jail staff? Yes. When did you become aware of the internal? (SS/I:Complaints/C0-03-09-BARTLEY) 1 TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: STATEMENT OF MANAGER BARTLEY Kevin Milosevich told me about it a couple weeks ago. I think it was on Secretaries Day, Administrative Professional's Day. Urn, and he sent me an email that said he wanted to talk to me about a complaint in the Jail. And at some point, either before or after your conversation with Chief Milosevich did you have a conversation with Sergeant Yes. And do you remember if it was before or after or maybe both? It was, well, when I was coming because I'd gotten an email from Kevin that was very generic saying he wanted to talk to me about a complaint, as I was coming into the parking lot, was coming out and I just said, what's going on in the Jail. And didn't you lmow, didn't say anything more than that and he's like, no, I, you lmow, I don't lmow. Just sort of a you lmow, nothing that I lmow of. I can't remember his exact response. Urn, and then I came up to my office. Kevin came in and talked to me, explained to me that there was a complaint and then a short time later came in and said that he was had been I guess given notice that there was complaint. He was a subject of the complaint and he was going to be interviewed the following day. And did you have any other discussions about being notified about the internal, or specifically about the internal with anyone other than Chief Milosevich or Sergeant I mentioned it to and as I had talked to we had talked about- had asked me for feedback upon having a representative and I told him he was entitled to take a Guild representative with him, and I had gone to Commander to ask her if she thought Dave Skelton would be an appropriate person to take as a supervisor. I had told I thought it would be appropriate for him to take another department supervisor as opposed to a line level Guild representative. And do you recall if that uh conversation was before his first interview or - Yes, I believe it was before his first interview. Okay. And did you have any discussions about this internal with Deputy Chief Marsalisi? No. (SS/I:Complaints/C0-03-09-BARTLEY) 2 TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: STATEMENT OF MANAGER BARTLEY Okay. Urn, and do you remember how many conversations in total you had with Sergeant about the internal? I could walk through them for, I mean, I haven't counted them up. There was the initial one that - In the garage? That, right, and that day when he later came up and said that he was the subject of an investigation, he was being interviewed the following day and then I told him briefly that Dave Skelton may be a possibility. We had talked about Guild representatives to take. The following day he came by and told me he was done, or had been interviewed, or some such thing like that and I believe I was on the phone because I did go down to the Jail later to talk about some SCORE materials and he said that he'd been done and he was interviewed and I told him have you been told not to talk about this? And he said yes, I said, okay, then you know, we're done. I don't want to talk about this anymore. Urn, and then subsequently I left the following week. I was in Louisville, cause I think this was on like a Thursday or Friday, so I was gone all the following week, I didn't see him, didn't talk to him. I came back the week after that and he indicated to me that he was being interviewed again. And I again reiterated to him that he had been told not to talk to me you lmow. That was the end of the conversation and he has called me about SCORE materials as well and again indicated to me that he didn't lmow the resolution yet and it was you know still out there pending and I again told him if you've been told not to talk about this that's you lmow, that's said. Okay. you mentioned probably four or five separate conversations you had with him. Hmm-mm (affirmative) probably. What was his response uh when you asked him if there had been basically a gag order placed? He said that yes he'd been told not to talk about it. And then once you said uh then we're not going to talk about it, what was his response to that? He stopped. Okay. (SS/I:Complaints/C0-03-09-BARTLEY) 3 ( BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: STATEMENT OF MANAGER BARTLEY It was okay. Yeah, I know, or something along that line. Urn, just so I can urn make sure I've got the potential conversations in context, there was one in the garage, uh one later that same day where he'd been notified that he was the subject of an internal, and during that conversation, did he urn lmow what the allegations were, or share those with you? No, and in fact I had asked him. I said, what's, I don't even lmow what the allegation is. Kevin had told me an, had told me that day, I was going to say the previous day, no I think it was that day. He had told me that, that, and I'm not real, I'm not real sure about the sequence of events or who said what to him, but he told that Clark or had brought forth a complaint and that somehow and had asked an inmate to write, put in writing that was a bad supervisor. Or something along those lines and, and I wasn't sure at the beginning of the complaint or the beginning of this conversation with Kevin, or the end of the conversation it seems like there was a different thing about whether had brought this forth, or whether Clark had brought it forth because he said that we were not handling this like a regular internal because there wasn't really a formal complaint and it was kind of weird, and he, he, downplayed it and kind of said this is kind of a perplexing sort of complaint. It doesn't really add up and it was unusual I mean for lack of a better term and so there was this kind of this it's weird. And so when I talked to I did ask him, I said what's the allegation and he said he was told he would find out the following day. And so he didn't convey to me what the allegation was. I don't lmow if he lmew or not but he didn't convey that at that time. And you're uh, your description about it being somewhat perplexing investigation is that, were those uh Clark's words, or Chief Milosevich's? Kevin. Okay. Yeah. And so besides the in person contact in the, in the garage, and then uh in person kind of at your office, and then another time when you went down to the Jail to tallc to uh and I believe you 11"!-entioned that when he was on the phone with you one time talking about SCORE issues that he mentioned that the internal was still out there. Hmm-mm (affirmative) (SS/I:Complaints/C0-03-09-BARTLEY) 4 ( { TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: STATEMENT OF MANAGER BARTLEY Uh, were there other communications by telephone? Besides maybe that one time? I think there's, he called me one other time at home. And that's not necessarily unusual, I mean he has called me at home about Jail matters or SCORE matters before and he called and left a message and I, I wasn't home, so I didn't talk to him, but I know, I think there was one other message I have from home. And the time he called and left the voicemail for you or the message, did you call him back. No, I said, I didn't, I didn't call him back. I wasn't home at that time he left a message and that was I think when- I think that call came sometime while I was in Louisville or had just come back from Louisville and he knew that I was shopping for some specific items while I was there at the vendor show so I was looking for feed trays and different sorts of things and his message was he was. calling to see how the show had gone and you know what had happened at the conference. Uh besides telephone and in person contact, have there been any discussions between you and Sergeant by email? No. Or text message? No. Or any other form? No. Okay, and at some point after his first interview, did he discuss with you what the allegations were? When I went down to his office he indicated that he had a, had a sheet that had the allegations on it and he had it in his hand as if he was handing it to me and I said, have you been told not to discuss this and handed it back to him. And any other discussion after uh basically you putting him on notice that you were going to hold him to the gag order? No, nothing other than as I said procedural. For example he came back and told me he was being interviewed again or he came back and said I'm done (SS/I:Complaints/C0-03-09-BARTLEY) 5 TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: ( STATEMENT OF MANAGER BARTLEY with that, so not more of a urn, you know, like, almost as if I was still his supervisor. Okay, I'm done now, I'm going back to work. It was I'm done, I'm done I'm going back to my office sort of thing, and I, as I said, just kind of waved him on. Urn, and I'll just get into a couple specifics briefly here. Did he tell that uh part of the internal was based upon a letter from a Trustee? No. As I said, Kevin indicated that to me when he talked to me up front that there was just some, some sort ofletter and I wasn't clear if it's a letter or if it's a kite, if it's a you know a grievance, it it's a you know a normal form of written communication within the Jail or if it's something outside of that. I'm not clear on that at all. Uh, did he tell you that it involved harassment, use of force, or any other allegations? No. Are you aware that subsequent to your conversation regarding an internal that he was re-interviewed and questioned about the conversation or the content of your conversation with him? If that makes sense? No, I don't think. I mean, he came back and said that he was being interviewed again and that they had added a couple new charges. Urn, and he did say, he did say to me that there was an issue with him violating the gag order. But I don't believe, or that that was part of the, the secondary questioning, but I don't think he mentioned my name as, he's not told me he's been interviewed about any communications with me. Okay. Did he discuss any questions that were posed to him during either the first or second interview? No. And besides any questions urn that were asked during that interview, did he discuss any of answers? No. Prior to uh discussing briefly the internal with Sgt. did he at any way indicate that the conversation between uh the two ofyou be kept just that, between the two of you? (SS/I:Complaints/C0-03-09-BARTLEY) 6 BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: ( No. STATEMENT OF MANAGER BARTLEY Okay. And I believe you already answered this, but did you in any way before or after the conversation with Sgt. indicate to him that he had been ordered not to discuss the internal with anyone? Yes, I'd asked him that everytime I've talked to him, is have you, you know, have you been told not to talk about this. And when he has responded, affirmatively, it's been you know, you need not to talk about this then. And I think you mentioned before that his reaction to that, or his response has been that he hasn't talked about it with you. Yes, he has complied with that. Yeah. ( overtalk) And have there been, besides the conversations you mentioned earlier in this interview today, have there been any other conversations related to this internal uh that you had with Sgt. No, not, no. And you mentioned earlier- I mean I've talked to him about SCORE and other stuff, right, I mean- Right. Okay, I just want to make sure I'm tracking on the question here. Yeah. Just focusing on that - On the internal- no I think your answers have been very clear that once the gag order was discussed there wasn't anymore discussion but- Yeah, no. But, what I'm getting at is there's probably been four or five times where it has come up- Yes. And you've reiterated there's a gag order. (SS/I:Complaints/C0-03-09-BARTLEY) 7 BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: ( Right. STATEMENT OF MANAGER BARTLEY And then the conversation on that topic has ceased even though you may have talked about SCORE and other issues. Right. I don't think I have ever used the word gag order when I talked to him. I told him I think I have said, have you been told not to talk about this. And so I don't know the specifics if he's you know been directed not to talk to me. If he's been directed not to talk to anybody. I don't, I don't know, but it's been, have you been told not to talk about this. And so my question I uh may have been- Sorry. No, it's okay, the question I may have had trouble articulating is besides the conversations you've already talked about. Yes. That four or five times, have there been others that have come to mind since we've talked about this today? No. And you mentioned earlier that you had a conversation with Commander about the internal. Hmm-mm (affirmative). And I believe your recollection was that you had contacted her regarding having Sgt. Skelton be available to be a Guild rep for Sgt. Hmm-mm (affirmative). Uh, any other uh conversations or uh discussions about the internal with about allegations or conversations she had with Sgt. Not, I had, when I talked to her about Sgt. Skelton being a representative, I conveyed the same kind of perplexing communication that Kevin had had with me, that this you know was kind of weird, doesn't seem to make a lot of sense. Urn, and then I was then out of town, and so I didn't, you know I didn't see her again, talk with her while I was gone. When I came back I saw her and we (SS/I:Complaints/C0-03-09-BARTLEY) 8 TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: STATEMENT OF MANAGER BARTLEY were having just regular conversations about something and I had asked something about what's new at work, or some kind of generic in my mind, generic inquiry, and she said, I don't want to talk about the internal. I don't know anything, and or responded, I don't want to talk about, you know we're not talking about, don't ask sort of thing and I, and I apologized because I thought okay obviously I implied something or said something I shouldn't have said and she communicated that she wasn't going to talk about it with me, and you know that was fine, that wasn't my intent of the conversation and so then she was gone the following week I think so then next time I saw her, I said, don't know anything, not talking about it, just so we understand the ground rules and it was clear, and then later, several, I think maybe the last Friday, last Friday she indicated that she had been disciplined from Kevin regarding the internal. Do you any more detail about that? Other than she said that she had spoken with or had spoken with her and she didn't convey the details of that. So did that cause you to inquire further about why she would urn why she would have a conversation with the Chief of Police about her interaction with
She said much the same way as I've had a conversation with I said, if you're not supposed to be talking about this with me, do not talk about this with me and she said, she said that she had purposely not talked to me about this and that she had been disciplined by Kevin as I said because of a conversation that she had had with or a conversation had had with her. I'm not clear if she didn't really tell me any specific details about it. And between last week when you heard about that and this week, has that, has information come to light that made that more clear as to why, why she would have been disciplined? I think it has to do with the violation of the gag order, but I don't know any specific details. I haven't inquired. Have you had discussions with anyone else about the internal other than the people we've talked about today? I talked to Clark about it. Urn, right, within a day or two of Kevin advising me of it, I went to Clark and I said, this is kind ofweird you know is there something, I can fill in the details on or is there something you know, I just didn't lmow. And he indicated to me that it was something that had happened (SS/I:Complaints/C0-03-09-BARTLEY) 9 TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: STATEMENT OF MANAGER BARTLEY in March of 2009 and that it wasn''t on my watch it was his responsibility and that it had to do with accountability and that's what he told me. We didn't discuss any of the parties, or who was involved, or who was being interviewed, or anything. That was, it was about a 30 second conversation and I said okay. Did anybody else from the Jail staff approach you and talk with you about urn the existence of an internal, or if they'd been questioned or not? No. Okay. Are you aware that others besides uh Sgt. have been directed to not discuss this investigation with others? More specifically, anybody that's been interviewed, uh regarding this internal has been given a gag order not to discuss it? I, I believe Commander has been told not to discuss whatever her involvement is. Urn, I know that Kevin, when he first mentioned this to me, he mentioned that might have been involved in it, and so I would only assume that if Sgt. has been told not to talk about it, he may as well, but I'm, I don't even know if he was interviewed. I don't know. I've not talked to anybody in the Jail staff about this, so I don't know. That would only be an assumption. It sounds like based upon our conversation today that it's, you've made it clear to others that have been involved that urn, at least when the topic comes up, you ask have you been directed not to talk about this. Hmm-mm (affirmative). And I think uh in all cases the answer has been in the affirmative that yes, they have been told not to talk about it. And so just so everybody is on the same page, I'm directing you at this point not to talk about with anybody else. Sure. Unless it's the Chief or the investigator. Sure. Is there anything else you would like to add that you feel may be of interest in concluding this internal or related to your conversations with others about the internal? (SS/I: Complaints/C0-03-09-BARTLEY) 10 ( BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: STATEMENT OF MANAGER BARTLEY You know, I don't, I don't even know what the internal is. Urn, so I'm at a bit of a loss to lmow how to respond to that question. Urn, you lmow, based upon the original information that Kevin presented to me, okay, he said that there was some sort ofletter or correspondence, I don't know what that is, I don't lmow if that's a kite, I don't know if it's a grievance, I don't lmow if it's a written you know Dear Chief Milosevich. I don't lmow what that letter represents. But it's uh, he indicated to me that there was some com, you know complaint from an inmate about Sgt. being a poor supervisor and that the inmate had been told to give the letter to or Urn, and I don't lmow what that represents, or doesn't represent what this investigation's about, I don't know how accurate that is. But, as I was starting, you lmow in your own mind, rolling it over, I thought, that kind of makes sense, because if I'm Joe Inmate, and I've got a complaint about somebody, and the complaint is you lmow Sgt. So and so won't let me have peanut butter toast and I'm complaining to somebody else the natural correctional standard would be put it in writing. Of course you'd tell an inmate put it in writing. And then if it's a complaint, you lmow dear Sgt. So and so, won't let me have peanut butter toast, you'd say, okay, this is either a grievance I need to deal with, or it's ... . . . something that I'm going to throw on somebody's else's desk and they're going to handle it. I mean there's a standard way of processing and logging and maintaining inmate complaints so when Kevin initially conveyed this to me as kind of being weird, I thought, it's kind of weird. I didn't, I don't even lmow based on the information that was presented to me I couldn't figure out why that's an internal. It didn't make sense. So, in my own mind, I thought okay, there's obviously more to this story than what I know, because this part here doesn't make sense about why that would be an internal based upon that little piece of information . So I don't lmow how to answer that question, because, I, based on my description, I guess that's what I know this is about. I don't lmow you lmow that there's more one way or the other that I could respond to. Urn, your speculation that if someone were to make a complaint about not allowed to have peanut butter toast or whatever and that complaint were forwarded. Let's say the complaint was against one sergeant. Yeah. And it was handed off to the other sergeant. Yeah. What would be the normal course of that written complaint? Right. (SS/I:Complaints/C0-03-09-BARTLEY) 11 ( TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: STATEMENT OF MANAGER BARTLEY What would happen next? If it's I can't have peanut butter toast, right, or you know, who knows what the answer, what the complaint is, but if it's something like that, that is a urn treatment in custody complaint as opposed to so and so sexually assaulted another inmate, you know what I mean, it's a urn, urn, condition of confinement complaint, versus there's a criminal allegation or there's something that needs to be immediately responded to so do you understand the difference? So if it's one of this treatment, or confinement conditions, I think I would look at it, I would expect them to look at it and review it and say is this something that can immediately be resolved and if it's something that's really essentially a courtesy complaint, on the Jail level, I would give it back to the other sergeant to say you lmow what, Joe Blow didn't like the way that you handled his peanut butter toast request. Are you going to follow this up, or do you want me to handle it cause there's a conflict here now between the two of you and it appears that this is not going to just go away, but that's what I would expect and if it couldn't be resolved between the two of them then as the Jail administrator, then you're the next level. It depends if they're treating it as a grievance, if it's really a grievance, or if it's like a kite, an inmate request, but grievances have a definitive tracking mechanism. You've got 72 hours to respond to the grievance. You only accept grievances in writing cause you want to get the inmate to commit to their story. So you've got 72 hours and there's a written response, and there's an appeal process. And you talked about kites, is that - Yeah. synonymous with an inmate request? Yeah, yeah. And so it may, it doesn't necessarily point out wrong doing- No. It's just my color TV is black and white or- Right. I don't have soft enough toilet paper or- (SS/I:Complaints/C0-03-09-BARTLEY) 12 ( BARTLEY: TROXEL: BARTLEY: TROXEL: BARTLEY: TROXEL: STATEMENT OF MANAGER BARTLEY ( Any request from an inmate should be put in writing on what they call an Inmate Kite Form. They are those kind of brown half sheet forms that are down there. And so it's I want to lmow when my court date is, I want to know my prosecutor's phone number, can you tell me the name of you know Valley Medical Center, so lots of information requests kinds ofthings come in on kites. I want razors, I want the toenail clippers. You know those sorts of things are all handled on kites. And then there's grievances and grievances are specific things that you are filing a complaint about so you're filing a complaint against you didn't get your right to have a phone call that day. You didn't have, which they don't have, but they'll grieve that. They'll say I did, my food was too hot. I grieve that I had vegetarian meals and I've had the same vegetarian meal for 7 days. I don't like it. So it's conditions of confinement that they will grieve. And sometimes they'll put grievances on kites. Sometimes they'll put kite requests on grievances, so it's no unusual to see a grievance about a court hearing. Well, that's beyond the conditions of confinement. We don't control your court hearing. So we would respond to that grievance that says you need to address this with Renton Municipal Court. We can't you lmow we can't fix this. It's not a grievable issue. And give them a written response to that. So we get them in writing, we respond in writing. How many grievances a month are generated from our Jail? I'd say two or three a month probably. And based upon uh the limited lmowledge you gained from Chief Milosevich and other information that urn that a letter may have been produced by an inmate is that something that would normally come across as a kite or a grievance? Again, it depends on, on what the nature of a complaint was and it could be the inmates really see those forms as interchangeable and we're not committed to whether it's on a brown form or a, or a purple form. If it's a grievance, it's treated as a grievance even if they don't say the word grievance on it. So I've seen things come in on black, you know, urn on the brown paper with writing that says this is a grievance and we'll accept that as a grievance even if it's not on a grievance form. Okay, anything else you'd like to add? It's now 1315 hours. This will conclude the interview with Manager Bartley. (SS/I:Complaints/C0-03-09-BARTLEY) 13 REPORTS All official reports related to the case. Police reports Medical reports Copies of court orders and other official documents. Receipts for property or products purchased. Computer Aided Dispatch reports PD _Admin/JWP/COinfo Question Question
Sent: Thursday, March 12, 2009 2:33AM To: score jail When will you be in the need of SCORE address. Hi Boss!! Sergeant, CJO Renton City Jail rentonwa.gov 425-430-7617 Page 1 of 1 of a Certified Jail Officer? Oh well, just wanted to send an e-mail using the https ://webmail.rentonwa.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAjiCmBAAmaRLI 4 7tL... 4/20/2009 Question Question
Sent: Thursday, January 29, 2009 9:01 PM To: Penny Bartley Page 1 of 1 _,. ""' SO I have a question ..... Why cant we just report to another Commander like Ohhhhhh, Then we would not have to promote two more people to positions? That just does not sound like a cost savings to me. Does this mean we are not going to hire Josh? Hope you are having as much fun as I am. People are very nervous. I just tell them lets wait and see what happens, before they go crazy. Congratulations by the way, although I heard that your appointment was pushed back a couple weeks because of oaperwork. But you are the director, correct?
https://webmail.rentonwa.gov/owal?ae=Item&t=IPM.Note&id=RgAAAAAjiCmBAAmaRLI47tL... 4/20/2009 FW: Evaluations Overdue FW: Evaluations Overdue Penny Bartley Sent: Monday, December 08, 2008 12:36 PM To: FYI .... From: Kevin Milosevich Sent: Monday, December 08, 2008 12:36 To: Penny Bartley Subject: RE: Evaluations Overdue Page 1 of2 OK, then we need to make sure that Michelle's records are accurate. I know that I have heard some grumbling from others about the number of jail evals on the hit list and I want to make sure the list is accurate. (One less thing for others to complain about.) Can you work with Michele to straighten this out? Thanks From: Penny Bartley Sent: Monday, December 08 1 2008 12:30 To: Kevin Milosevich Subject: RE: Evaluations Overdue Carlin was turned in last week, it is in Tim's box. I think there was some confusion regarding Tebbets and whether he was probationary or not. Finally, I thought both Hoopii and Kukahiko were complet12d, they were the one's that Tim highlighted and sent .. _ __ _ __________ ... ___ ____ _ ___ --------------- ... ----------------------- ---------------- ---- ------- From: Kevin Milosevich Sent: Monday 1 December 08 1 2008 12:24 To: Cc: Penny Bartley Subject: Evaluations Overdue The latest evaluation hit list shows the following evaluations that your are responsible for as being past due up to September. Carlin #1 - March Tebbets #1- June Grub- August (w/ McMullen) Hoopii #1 -August Kukahiko #1- August Tebbets #2 - September There is no excuse for being this late on evaluations. Probationary jailers Tebbets, Hoopii, and Kukahiko have yet to receive a quarterly evaluation since they were hired. BeforeJ consider potential discipline, are there reasons for the delay or is the hit list not accurate? Please https://webmail.rentonwa.gov/owa!?ae=Item&t=IPM.Note&id=RgAAAAAjiCmBAAmaR... 4/20/2009 FW: Evaluations Overdue Page2 of2 respond by December 15th, your response should also include some very aggressive time lines to complete these evaluations. Kevin Milosevich Chief of Police City of Renton, WA 4254307503 https://webmail.rentonwa.gov/owa/?ae=Item&t=lPM.Note&id=RgAAAAAjiCmBAAmaR... 4/20/2009 "3B" Page 1 of 1 "38"
Sent: Tuesday, November 18, 2008 11:01 PM To: Penny Bartley Attachments: CITY OF RENTON POLICE DEPANl.doc (23 KB) from I complete it. Apparently this is a huge issue on the "B" side. It was brought to my attention by one of our staff not on the "A" side, who stated that was made aware of the issues awhile back and no improvements have made. If this is ok with you, I will allow Ervin and Grub to carry out their as the jail trainers and pay the O.T. dhat do you think? I would ask what he thinks, but this seems to be a training issue for now and since he has not asked for help and some of the errors are not good, then this seems to be the best course of action.
https://webmail.rentonwa.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAjiCmBAAmaRLI47tL... 4/20/2009 CITY OF RENTON POLICE DEPARTMENT MEMORANDUM DATE: November 18, 2008 TO: SGT. FROM: FTO Coordinator Ervin SUBJECT: Training Issues with 3B FTO Grub has brought to my attention some issues with the 3B jail staff. There are mistakes being made in several areas. According to FTO Grub and other jail staff members, these issues are an ongoing problem. These issues are: The Indication type for a Renton booking such as a warrant (W), new charge (C), or commitment (X). Bail amounts need to be changed on warrant bookings. Make sure that inmates are housed correctly by matching up the Inmate Board and the computer. Who is performing what task during bookings needs to be indicated. Make sure the Court Roster is accurate when completing it. Need to pull the paperwork for the next day out of the commitment drawer, distribute it, and label it appropriately. Failure to release adults and juveniles out of the MSP computer. Understanding policies and procedures for housing inmates (specifically pertaining to the Observation cell). Not using court indicators before court cause numbers on OSA bookings. Releases for the next day need to be placed in the correct Release bin on the wall. Medical sheets are being placed into the Inmate Jacket instead of the medical box. Proper forms are not being filled out (i.e. Strip search forms and ILA forms). An inmate's status is not being written on the Inmate Board. Shredding or throwing away important paperwork specifically "locates." To correct these issues, it is my intention to have FTO Grub and I present on several 3B shifts. While FTO Grub and I are there, we will go over the mistakes that are being made. 3B will be shown the proper process to correct these errors. This training process will be documented. The first time period for this training will be two hours. A second follow up training period will take one hour on 3B' s next work rotation. If more training periods are needed, I will notify you by a memorandum. ( Re: "3B" Page 1 of 1 Re: "38" Penny Bartley Sent: Wednesday, November 19, 2008 10:50 AM To: What is a huge issue? The memo or the quality of work? Someone on the B side brought forth these issues? Yes these things need to be addressed. Have you validated any of the statements in the memo? I want to be sure that we have proof that these things haven't been addressed. Additionally, are you sure your side is in order? I've heard complaints over the years about the A side not doing thing the "right way." We cannot allow the relationship between the sides to deteriorate as the relationship has with patrol. I am fine with handling this as a training issue, however, you need to be sure to touch base with about this, prior to AI and Rich showing up. Remember, the folks on 38 were trained by your FTO's ... so where does the issue lie ... >>> 11/18/2008 11:01 PM>>> Attached is a memo from Ervin that I had him type to me. Richard and him got together to complete it. Apparently this is a huge issue on the "B" side. It was brought to my attention by one of our staff not on the "A" side, who stated that was made aware of the issues awhile back and no improvements have made. If this is ok with you, I will allow Ervin and Grub to carry out their plan as the jail trainers and pay the O.T. What do you think? I would ask what he thinks, but this seems to be a training issue for now and since he has not asked for help and some of the errors are not good, then this seems to be the best course of action.
https://webmail.rentonwa.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAjiCmBAAmaR... 4/20/2009 Issues Issues Penny Bartley Sent: Saturday, November 22, 2008 10:02 AM To: Page 1 of 1 I have spoken with you both separately regarding the issues that have been identified with 3B. You both have strong feelings about to best resolve this situation. It is quickly beginning to feel as if the relationship between the crews is deteriorating about at quickly as the relationship with patrol. This cannot continue. We all need to be working together to get these issues resolved. has strong feelings about the FTO's arriving to try to fix the problem when they have apparently identified similar errors from others. Meanwhile this sounds like everyone is spending more time looking for each others errors than they are spending doing it correctly in the first place. In hindsight, the grouping of staff on 3B is probably not the best. I have told that he gets first chance to resolve the issues that have been identified. However, if the issues are resolved by the end of the year (that is only 5 weeks away) then Al and Rich will be given the opportunity. The last option is moving people. I don't like that option, however, it is must be done, everyone is going to get moved. Yes, you read that correctly, everyone is going to move. I've heard lots of people want to go to graveyard or days, they will be placed on shifts and regardless of A and B side if needed. The jail is experiencing growing pains. We've added lots of new people this last year. This includes lots of new personalities and strengths. Now is the time for people to work together. Many of these individuals are looking at opportunities at SCORE. I would expect them to be developing the skills they need to lead others rather than spending time identifying what others are doing wrong. You both need to be demonstrating how to work together. Thank you. https :1/webmail.rentonwa.gov/ owa/? ae= Item&t=IPM.N 4/20/2009 : ' r{:'!"i1TmW<Lgov/oYI.a : . 1 ! :- '' . ,, Baggies Baggies
Sent: Saturday, November 22, 2008 11:37 PM To: Importance: High ( I need a supplement report on the bags that you were going to show the "3B" guys. Your report needs to identify: 1. How you came into possession of them and who's they were. 2. What the bags contained. What you did with them and why. I need this on my desk by 1700 hrs on Sunday the 23rd of November. Page 1 ofl https :/ /webmail.rentonwa.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAjiCmBAAmaRLI4 7tL... 4/20/2009