Vancouver asks Justice Department to investigate city in Sharma firing
by Holley Gilbert, The Oregonian
Friday October 10, 2008, 5:13 PM
Vancouver officials today requested the U.S. Department of Justice investigate potential civil or criminal violations in the firing of a police officer who later sued the city and settled the lawsuit last month for $1.65 million.
"This is an issue of significant concern to our community," Mayor Royce E. Pollard said in a certified letter to the department's Seattle office.
Since the settlement with Navin K. Sharma was announced Sept. 9, residents speaking at Vancouver City Council meetings have alleged wrongdoing in the Police Department, city manager's office and city attorney's office. Several have called for a federal investigation.
Pollard said today the city is asking for the review "to clear the air."
"We're not afraid to do this. We don't think we have anything to hide," he said. "If there are legal issues, then it's in the right system." Read full story...
THIS IS A VICTORY FOR THE CITY OF VANCOUVER AND IT'S HARD WORKING DEDICATED EMPLOYEES AND CITIZENS!!!
3 comments:
The City made an unexpected strategic move by filing with the Department of Justice (DOJ) before the real 'victims' or 'interested parties' could actually file. This move by the City, was done with hopes of getting an unfair advantage, using reverse psychology attempting to make the City 'look good' in the eyes of DOJ.
Emily Langlie, spokeswoman for the U.S. Attorney’s Office in Seattle, even said, “What is unusual is that the city is making this request,” she said. “In the usual course of events, we become aware of alleged civil rights violations from a victim or the victim’s advocates. Quite honestly, the FBI will open a preliminary civil rights violation simply based on news reports.”
Well, lucky for us all, DOJ planned on starting an investigation prior to the Mayor sending a certified letter on Friday. So the 'wolf in sheep's clothing' trick isn't going to work here.
There needs to be an immediate re-filing, or additional filing, requesting the scope of the investigation to include, but not limited to Conspiracy to Violate Civil Rights and Perjury to include as suspects, Mayor Royce Pollard, City Manager Pat McDonnell, City Attorney Ted Gathe, several other City Attorneys, VPD Asst Chief Mitch Barker, VPD Commander Nannette Kistler, and few other VPD Administrators. These individual's actions (collectively and indivually) and recorded testimonies should be looked at very carefully, and if the DOJ deem that crimes occurred, then they each should be dealt with individually as potential criminals. Relief of Duty, Admin Leave, etc, should be immediately after a finding of criminal activity until the investigation is final
Assistant Chief Mitch Barker will be retiring soon (this month, so sudden, how convenient), and hopefully, the 'strong arm of the law' will catch up to him. Let us ALL question his integrity and challenge him to stay and not run from these issues, (again) and challenge him to delay his retirement until AFTER the investigation is complete. If he as a true leader, he would go down with the ship. (Rumor has it that last month he requested his tenants vacate his home up north... planning to run?)
The Washington State Criminal Justice Training Commission has the authority to conduct their own investigation, and if the following criteria is met, the State can revoke a commission.
A peace officer’s certification can be denied or revoked by the WSCJTC upon request by the peace officers employing agency or on its own initiative after written notice and hearing for the following reasons:
1. Failing to timely meet all requirements for obtaining basic law enforcement training, a certificate of equivalency, or a certificate of exemption.
2. Knowingly falsified or omitted material information on an application for training or certification to the WSCJTC.
3. Convicted of a felony under the laws of this state or convicted of a federal or out-of-state offense comparable to a felony under the laws of this state.
4. Discharged for disqualifying misconduct, the discharge is final, and the acts or omissions forming the basis for the discharge occurred on or after January 1, 2002.
5. The certificate was issued in error on the part of the WSCJTC.
6. Interference with an investigation or action for denial or revocation of certificate by: Knowingly making a materially false statement to the WSCJTC; or
Tampered with evidence or tampered with or intimidated a witness in any matter under investigation by the WSCJTC.
What is considered to be disqualifying misconduct?
This is articulated in RCW 43.101.010 in the definition section.
(Here is the web link)
https://fortress.wa.gov/cjtc/www/pocert/index.html#Decertification%20Hearings
With morale in the department as low as some officers describe as "lowest ever in the past 15 years", this investigation, if done properly may restore hope to the line troops.
When a Lieutenant is fired, wrongfully (which is also considered harrassment according to City policy), and then no Administrator responsible for the wrongful firing is held accountable, it sends a message to the line troops of "You mean nothing to us (VPD Admin)...we can get away with murder... or at least firing people for no reasons".
Cleaning up America's Vancouver, one 'bad' apple at a time!
Be Safe, Educate Yourself, Keep the Faith!
hmmm. quite a turn for mr. pollard to take. i wonder what changed his tune? hopefully this will remain a victory for the people and not turn into a circus show to only benefit the corrupt in the end.
City's Contracted Law Firm Recruits DOJ Lawyer 'Hot Shot' ..
Ed Harnden is the City’s private lawyer with Barran-Liebman law firm who defended the City in the Sharma vs City of Vancouver case. Barran-Liebman just hired an ex DOJ lawyer. (See below web link)
Barran Liebman LLP has hired John B. Dudrey to its employment and labor law firm.
Dudrey previously served as head law clerk for the U.S. Attorney’s Office for the District of Oregon. In his new position, he will represent management in employment litigation and provide advice in employment law. Admitted to practice law in Oregon, he holds a Juris Doctor from Lewis & Clark College.
Perhaps the city is attempting to 'steer' this federal investigation using their new 'hot shot'.
http://www.djcoregon.com/articleDetail.htm/2008/10/09/Barran-Liebman-hires-Dudrey
Cleaning up America's Vancouver, one 'bad' apple at a time!
Be Safe, Educate Yourself, Keep the Faith!
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