LAW ENFORCEMENT DISCIPLINARY ARBITRATION

Decision Information

Decision Content

IN THE MATTER OF ARBITRATION    )    GRIEVANCE ARBITRATION

                                ) 

         between                )

                                )    [REDACTED] - Discharge        

City of Kent, Washington        )    Grievance

                                )

          -and-                 )    PERC Case No. 137801-R-23

                                )   

Kent Police Officers            )                       

Association                     )    May 3, 2024

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APPEARANCES

 

For City of Kent, Washington

 

Gregory E. Jackson, Attorney

Tammy White, City Attorney

[REDACTED], Chief of Police

[REDACTED], Sergeant

[REDACTED], Commander

[REDACTED], Boulevard Property Manager

[REDACTED], Commander

[REDACTED], Assistant Chief of Patrol

 

For Kent Police Officers Association

 

David Luxenberg, Attorney, McGavick Graves, P.S. Tacoma,

     Washington

Luke T. Absher, Attorney, McGavick Graves, P.S. Tacoma,

     Washington

[REDACTED], President

[REDACTED], Vice-President

[REDACTED], Police Officer

[REDACTED], Detective

[REDACTED], Police Officer

[REDACTED], Grievant

 

JURISDICTION OF ARBITRATOR

 

     Article 15, Grievance Procedure, Section 15.5, Steps and

Time Limits, Step 5 of the 2022-2024 Collective Bargaining

Agreement or Contract (Union Exhibit #22) between City of Kent,

Washington (hereinafter "Employer" or “City”) and Kent Police

Officers Association (hereinafter "Union" or “KPOA”) provides

for an appeal to arbitration of disputes that are properly

processed through the grievance procedure.

     The Arbitrator, Richard J. Miller, was selected by the

Employer and Union (collectively referred to as the "Parties")

from the Law Enforcement Disciplinary Panel issued by the

Washington PERC.  A hearing in the matter convened on March 12-

13, 2024, at 9:00 a.m. in the City’s conference room.  The

Parties were afforded full and ample opportunity to present

evidence and arguments in support of their respective positions.

     The Parties' counsel elected to file electronically post

hearing briefs with receipt by the Arbitrator no later than

April 15, 2024.  The post hearing briefs were submitted in

accordance with that deadline date.  The Arbitrator then

exchanged the post hearing briefs electronically to the Parties'

counsel on April 15, 2024, after which the record was considered

closed.

     The Parties agreed that the grievance is a decorous matter

within the purview of the Arbitrator and made no procedural or

substantive arbitrability claims.

ISSUES AS DETERMINED BY THE ARBITRATOR

 

1.  Did the City have just cause to discharge the Grievant,

    [REDACTED]?

 

2.  If not, what is the appropriate remedy?

 

STATEMENT OF THE FACTS

 

     The City of Kent is located within the metropolitan area

encompassing Seattle and its suburbs.  The Union is the

recognized bargaining representative for all non-supervisory

commissioned Police Officers and Sergeants of the Kent Police

Department (“KPD”), with some noted exceptions.  The Parties

have been signatories to several Collective Bargaining

Agreements, including the current Contract from January 1, 2022

through December 31, 2024.  (Union Exhibit #22).    

     The Grievant, [REDACTED], was hired by the KPD as a

Police Officer in the Patrol Division on May 14, 2002.  Officer

[REDACTED] was supervised by several Sergeants.  Officer

[REDACTED] remained a Police Officer throughout his tenure with the KPD.      

     One of the areas being regularly patrolled by Officer

[REDACTED]and other Police Officers is the BLVD Apartments.  The

BLVD Apartments is a 136-unit residential community operated by

Bellwether Housing, a non-profit affordable housing provider.

The HLVD Apartments have been source of continual problems with

residence trepassing and failure to remove items from abandoned

units.  Police Officers, including Officer [REDACTED] have made

calls to HLVD on several occasions.  In fact, in a span of just

two-and—a half months between December 2, 2002 and February 18,

2023, the KPD responded to the BLVD Apartments 24 times for

complaints of trepassing or unwanted individuals. 

     The Officers who responded to these incidents at the BLVD

Apartments felt that property management took minimal steps to

prevent such activity, such as not removing personal property

from vacant apartments, not boarding up doors, and not

installing security cameras.  Instead, they merely called the

KPD and expected arrests, which the KPD was prohibited from

executing.         

     Officer [REDACTED] recognized that there was little the KPD

could do to rectify the concerns of management and even less

that the property managers were willing to do.  Suffice it to

say, there was tension between the responding Officers and BLVD

property managers. 

     On December 19, 2022, former BLVD Apartment Manager

[REDACTED] phoned 911 for police assistance with male and female

suspects who were unlawfully occupying an apartment unit.  Ms.

[REDACTED] reported that the suspects barricaded the door to the

unit to prevent apartment maintenance from accessing the unit;

that the suspects had been trespassed from the BLVD Apartments

on two separate occasions; that the suspects had a history of

aggression towards BLVD Apartment staff; and that the suspects

were currently being aggressive to staff.

     Officer [REDACTED] was dispatched to the BLVD Apartments at

11:08 a.m. and arrived on site at 12:06 p.m., about an hour

later.  Police Officer [REDACTED] was also in attendance along

with two maintenance persons.  Six minutes and twenty-seven

seconds of Officer [REDACTED]’s actions at the BLVD Apartments

were captured by Ms. [REDACTED] on her cell phone.  The reason

for secretly taping this conversation was based on Ms.

[REDACTED]’s belief that Mr. [REDACTED] and other Officers were

not satisfying the property managers demands to do more than

what they previously had been doing. 

     Officer [REDACTED] related the following to Ms. [REDACTED].

At the 4:14 mark on the video, Officer [REDACTED] made comments

about the justice system not giving them the outcome that they

would prefer and told them to utilize street justice as a

solution.  Officer [REDACTED] said, "By no means am I telling

you guys to do this, but street justice is a lot better than

actual justice.  I'm not telling you guys shit.  Ok, I'm just

telling you, you guys just saw what the justice system just did,

not a god damned thing."

     Officer [REDACTED] further explained what he would do if it

were his home and that he would be “whoopin” some ass and then

calling the police afterwards.  At the 4:32 mark on the video,

Officer [REDACTED] said, "I know this isn't your guys' true

homes and stuff like that, but if this were my home and somebody

was in my house and they were on my property and not leaving, I

would be whoopin' some fucking ass.  I'm calling 911 afterwards

to scrape up their bloody bodies away.  Because that justice is

gonna be a lot better than no justice at all.  And again, I'm

not trying to tell you guys what to do by any means, but..."

     At the 6:01 mark on the video, Officer [REDACTED] said,

"But again, by no means am I telling you, no vigilante shit, but

with a big bat, swing a big bat."

     Officer [REDACTED]’s criminal trespass investigation was

completed in thirteen minutes.  Officer [REDACTED] cleared the

scene at 12:25 p.m., nineteen minutes after he arrived.  Officer

[REDACTED] testified that he completed his investigation by the

time that he was speaking with Ms. [REDACTED], and thus he was

able to turn off his body worn camera that would have captured

his recorded statements to Ms. [REDACTED].  

     Officer [REDACTED] admitted in his arbitration testimony

that the suspects barricaded the vacant apartment unit door and

that he, Officer [REDACTED], never entered the apartment unit

unlawfully occupied by the suspects.  Officer [REDACTED]

testified that he stood in the corridor outside of the apartment

and spoke to the suspects in the apartment through the

barricaded door.  Officer [REDACTED] testified that he was sure

that he asked the suspects for their names, but he admitted that

if the suspects provided their names, he did not record their

names anywhere.  Officer [REDACTED] testified that he did not

write a formal written trespass report for either suspect, and

Officer [REDACTED] testified that he did not take any additional

steps to identify either suspect.  Nevertheless, Officer

[REDACTED] testified that he verbally trespassed the suspects

from the BVLD apartments.  However, if true, he did not

memorialize that trespass warning or the suspects’ identity in

any way that would allow for future enforcement by him or any

other Kent Police Officer.  Officer [REDACTED] testified that he

did not take any of these additional steps to further this

trespass investigation.  

     Ms. [REDACTED] captured Officer [REDACTED]’s reasons for

not taking any additional policing steps on the video when

Officer [REDACTED] explained: “I’m not going to go in there and

push...push the envelope.”  (Employer Exhibit #2, pg.4, Ins. 2-

8).

     Officer [REDACTED] admitted in his testimony that he

violated the KPD’s mission statement and also violated KPD

Policy 13.10, Conditions of Work - Code of Conduct that provides

in pertinent part:

Unbecoming Conduct: Employees of the Police Department

shall conduct themselves at all times, both on and off

duty, in a manner that does not reflect negatively on the

Department. Employee conduct, which brings discredit on the

Department, may subject the employee to discipline. 

 

(Employer Exhibit #3).

 

     On January 24, 2023, BLVD Apartments Manager, [REDACTED]

sent an email to the KPD about continuing issues that

they were having on the property.  He included the video that

was taken by Ms. [REDACTED] on December 19, 2022.  The video was

reviewed by several members of the KPD management, including

Commander [REDACTED] who was ultimately assigned to IA #23-001

to investigate.  He reviewed the emails, Officer [REDACTED]'s

body worn camera, the video from the BLVD Apartments,

interviewed BLVD Apartments Manager [REDACTED], and Officer

[REDACTED].  Officer [REDACTED] and the two maintenance workers

who were present during the recording with Officer [REDACTED]

and Ms. [REDACTED] were not interviewed because of their

presence during this interview.

     On May 15, 2023, the KPD issued a Notice of Pre-

Disciplinary/Loudermill Hearing (the “Notice”) to Officer

[REDACTED].  The Notice set forth two separate allegations

against Officer [REDACTED], including violations of:  City of

Kent Policy 2.14.2(F); and, KPD Policy 13.10, Conditions of Work

- Code of Conduct.  The KPOA responded to each individual

allegation in a Position Statement, filed with the KPD on June

29, 2023.

     The KPD held a Loudermill Hearing on June 29, 2023, at

which the Parties discussed the allegations and KPOA’s Position

Statement at great length.  Chief [REDACTED] issued notice to

Officer [REDACTED] on July 14, 2023 placing him on paid

administrative leave until a Notice of Discipline could be

completed.  The KPD, over Chief [REDACTED]’s signature, issued

such Notice of Discipline on July 20, 2023, wherein the KPD

sustained the allegation as to KPD Policy 13.10 only.  The

KPD terminated Officer [REDACTED]’s employment effective July

21, 2023.

     On July 24, 2023, the KPOA filed a grievance over the

termination of Officer [REDACTED] pursuant to Section 15.5 of

the Collective Bargaining Agreement.  The KPOA asserts that

Officer [REDACTED] was terminated without just cause in

violation of Section 12.1 of the Collective Bargaining

Agreement.  In filing this grievance, the KPOA seeks the

following remedies: (1) the full reinstatement of Officer

[REDACTED] to his previously held rank and position; and (2)

full back pay and benefits from the date of termination to the

date of reinstatement.

     The instant grievance was denied by the City, with the KPOA

demanding final and binding arbitration, pursuant to the

contractual grievance procedure on October 17, 2023.  The

Arbitrator was assigned to the instant case from the Law

Enforcement Arbitrator Roster, which is administered by PERC.

KPOA POSITION

     Chief [REDACTED] plainly summarized his rationale for

terminating Officer, concluding “[i]n essence, I do not

trust you to adhere to our values, expectations, and policy

requirements, which in turn compels me to end your employment.”

To restate, Chief [REDACTED] concluded Officer [REDACTED]’s

conduct was so egregious that he could not trust Officer

[REDACTED] do his job as a member of the KPD.  Chief

[REDACTED]’s statement, however, is not supported by the

evidence or testimony presented at arbitration.  To be blunt,

the reason Chief [REDACTED] gave for terminating Officer

[REDACTED] is not true - and KPOA proved it at arbitration.

     Chief [REDACTED]’s termination rationale put a cap on a

process replete with inconsistencies, irregularities, and patent

violations of Officer [REDACTED]’s right to due process.  The

evidence and testimony demonstrated that Chief [REDACTED]:

mischaracterized facts to escalate the severity of the incident

at issue; scoured Officer [REDACTED]’s record for aggravating

factors while dismissing relevant mitigating factors; improperly

applied the principles of progressive discipline by escalating

to the most extreme punishment unnecessarily; imposed a level of

discipline inconsistent with a recent analogous case; and, when

that was not enough, attempted to implicate additional policy

violations never charged in a back-door attempt to justify his

termination decision.

     In light of the evidence, it cannot reasonably be found

that the City had just cause to terminated Officer [REDACTED]. 

Chief [REDACTED] molded the facts and cherry-picked Officer’s

[REDACTED]’s record to fit his narrative.  Chief [REDACTED]

engaged in a result-oriented process with a pre-determined

outcome in mind.  This is evidence of an unfair process, feigned

to arrive at a pre-determined outcome. 

     Officer [REDACTED] has acknowledged at every step that his

comments at the BLVD Apartments were a lapse in judgment.  He

has taken accountability and recognized that some level of

discipline is necessary.  However, termination was excessive.

Officer [REDACTED] has been a dedicated servant in the Kent

Community for over 20 years.  He is well-respected by his peers

and, despite Chief [REDACTED]’s failure to consider the same,

boasts considerable accolades and numerous examples of positive

police work benefiting the City over the last 20+ years.

     The KPOA respectfully requests that a reasonable level of

discipline be imposed, that Officer [REDACTED] be reinstated to

his most recent position, and that he be awarded full back pay

and benefits.

CITY POSITION 

     Officer [REDACTED]’s grievance fails to articulate any

evidence to establish that the City violated any provision of

the Collective Bargaining Agreement.  Officer [REDACTED] admits,

as he must, that Articles 12 and 16 of the Contract reserve the

City’s right to discipline and to determine the appropriate

discipline for violations of KPD Policies is reserved to the

City.  Officer [REDACTED] admits that his comments, actions, and

inaction on December 19, 2022, constitutes Unbecoming Conduct in

violation of KPD 13.10, that is both misconduct and a serious

violation of KPD Policy.

     Officer [REDACTED] admits that his conduct on December 19,

2022, is not his first violation of KPD 13.10, and that his

disciplinary history includes six previous Internal

Investigations in a little over a decade.  Officer [REDACTED]

admits that prior to December 19, 2022, that the City and the

KPD took three of the five steps of progressive discipline

prescribed in KPD Policy 14.30, by issuing Officer [REDACTED]

verbal reprimands, written reprimands, and suspensions, and that

the fourth of the five steps, demotion, was unavailable to the

City because Officer [REDACTED] was a Patrol Officer, the lowest

rank of commissioned Officer in the City, and therefore

Officer [REDACTED] could not be demoted.  Consequently, the next

step on the ladder of progressive discipline, is termination.

     The best predictor of future behavior is past performance,

and that is one of the reasons that employers keep and maintain

disciplinary history and performance reviews.  Officer

[REDACTED]’s performance and disciplinary history paints a

pattern of misconduct, poor and inconsistent performance, and a

long pattern of poor judgment that manifests in discourtesy,

improper comments, and discredit to the KPD and the other

Officers that wear the uniform.  

     Chief [REDACTED] exercised the discretion reserved to him

by the Contract and by KPD Policy to determine the correct

discipline for Officer [REDACTED]’s violations of Kent Policy.  

Officer [REDACTED]’s violations of KPD Policy 13.10 constitutes

just cause to terminate his employment, and the City

respectfully requests that the Arbitrator affirm Chief

[REDACTED]’s decision to terminate Officer [REDACTED]’s

employment and to enter an Award for the City.

ANALYSIS OF THE EVIDENCE

     Discharge is the ultimate penalty that can be assessed

against an employee by management.  Discharge severs the

employment relationship.  Discharge also serves to terminate all

of the benefits which flow from regular employment: economic

well-being; self-sufficiency; the satisfaction of work; the

individual's standing in the community; and the individual's

sense of personal dignity and worth.  Suffice it to say, the

discharge of an employee must be closely scrutinized by the

Arbitrator.

     The Parties agree that the applicable Collective Bargaining

Agreement for this case is the 2022-2024 Contract.  (Union

Exhibit #22).  Article 12 and 16 of the Contract reserves the

right of the City to “suspend, demote, discharge, or take other

disciplinary action against such employees for just cause.” 

It is the overwhelmingly accepted principle in arbitration that

the burden of proof in discharge cases is on the City.

     It is generally the function of an arbitrator in

interpreting a contract provision which requires "just cause" as

a condition precedent to discharge not only to determine whether

the involved employee is guilty of the wrongdoing as charged by

the employer, but also to safeguard the interests of the

discharged employee by making reasonably sure that the cause for

discharge was just and equitable.  The term "just cause" implies

a standard of reasonableness under the unique circumstances of

each case.  An employee will not be discharged by action which

is deemed by an arbitrator to be arbitrary, capricious,

discriminatory, unduly harsh, or disproportionate to the proven

offense committed by that employee.

     To that end, the Parties agreed in the November 24, 2021

Memorandum to formally incorporate the utilization of

Daugherty’s Seven Tests, which is a well-known and well-

recognized guide for establishing “just cause” for conducting

employee investigations and determining whether and what

discipline is appropriate.  The agreed upon Seven Tests are as

follows:

Test One - Did the employee have adequate notice of the

work rule or performance standard at issue and the possible

consequence of his/her failure to comply.  Alternatively,

was notice not required due to the nature of the violation?

 

Test Two - Is the work rule or performance standard

reasonably related to the orderly, efficient, and safe

operation of the Department or the performance that the

department might properly expect?  Unless a rule places

an officer or another in an unsafe position or the rule

is illegal, the officer is expected to follow the rule, and

grieve the rule later.

 

Test Three - Did the Department investigate the matter to

determine whether the employee in fact engaged in the

alleged misconduct at issue before taking disciplinary

action?

 

Test Four - Was the investigation conducted timely, fairly,

and objectively?

 

Test Five - Does the Department have clear and convincing

evidence for termination, demotion and suspension, or a

preponderance of the evidence for other Imposed discipline,

that the employee violated the work rule or performance

standard?

 

Test Six - In regard to the discipline imposed, has the

Department applied its work rules or standards evenhandedly

and without discrimination as compared to other employees?

 

Test Seven - Does the discipline imposed reasonably relate

to the nature of the misconduct and the record of the

employee's service?

 

(Employer Exhibit #16).

 

     Simply stated, there are generally two areas of proof

involving the discipline of City employees.  The first involves

proof by the Employer of actual employee wrongdoing.  The second

area of proof, once actual wrongdoing is established, is the

propriety of the penalty assessed by the Employer.

     Article 12, Section 12.1(1), reserves the right of

management to “determine and administer policy.”

     KPD Policy 14.20 provides in relevant part:

An Internal Affairs Investigation is conducted when it is

determined that the conduct, if proven, would constitute a

serious violation of law, a serious of Department or City

policy or procedure, or serious poor performance of the

employee, or when it is determined, prior to the initiation

of the investigation, that more than written reprimand may

be imposed of the allegations are sustained. 

 

     The IA Investigation conducted by the City established

Officer [REDACTED] did not take any additional steps to further

his situation when Officer [REDACTED] explained to Ms.

[REDACTED] that “I’m not going to go in there and push...push

the envelope.”  Instead, Officer [REDACTED] lectured Ms.

[REDACTED] and BLVD Apartment staff with profanity such as

“shit,” “Goddamned,” and “fucking ass” by stating to them:

The other thing, too, is that by no means am I telling you

guys to do this, but street justice is a lot better than

actual justice...

 

I know this isn’t your guys’ true homes and stuff like

that, but if this was my home and somebody’s in my house

and they’re on my property and not leaving, I’m going to

whoop their fucking ass...

 

I’ll call 911 afterwards to scrape their bloody bodies

away....

 

Because that justice is going to be a lot better than no   

justice at all....

 

Officer [REDACTED] continued: “Go with a big bat, swing –

swing with a big bat, you know?”

 

(City Exhibit #2). 

    

     Officer [REDACTED] admitted in his testimony that the above  

statements violated the KPD’s mission statement and also

constituted Conduct Unbecoming in violation of KPD Policy 13.10

that provides in pertinent part:

 

Unbecoming Conduct: Employees of the Police Department

shall conduct themselves at all times, both on and off

duty, in a manner that does not reflect negatively on the

Department.  Employee conduct, which brings discredit on

the Department, may subject the employee to discipline.

 

(City Exhibit #3). 

 

     KPD Policy 14.30 prescribes five levels of discipline:

Verbal Reprimand, Written Reprimand, Suspension, Demotion, or

Termination.  (City Exhibit #31).  The Chief of Police

has the discretion to utilize any of the above disciplinary

options or to combine them.  (City Exhibit #23; KPD Policy

4.50).  Additionally, the Chief of Police has the discretion to

alter or modify the conditions of discipline if the Chief of

Police determines that it is in the best interest of the

Department.

     It is proper to give some consideration to the past record

of any disciplined employee, especially one like Officer

[REDACTED] who had 21 years of service with the City.  An

offense might be partly mitigated by a good past record and it

might be aggravated by a poor one.  The employee’s past record

may be a major factor in the determination of an appropriate

penalty for the proven offense.  This is not to say that an

employee can never be disciplined with a long and good work

record.  It is simply to indicate that in those cases the scale

must be balanced carefully and the quantum of proof necessary is

more than for a newer employee or one with an already poor

record. 

     Officer [REDACTED]’s 21 year disciplinary history with the

KPD as a Police Officer includes verbal reprimands (IA-#05-

5149); written reprimands (IA #12-001-February 17, 2012; IA #15-

001-PIP-June 18, 2015; IA #17-008-October 2, 2017); and

suspensions(IA-20-004; IA #20-007-April 26, 2021).

     Officer [REDACTED]’s disciplinary record evinces a

consistent pattern of misconduct and poor judgment.  Officer

[REDACTED]’s disciplinary history includes six IAs in the ten

years preceding this current IA.  Chief [REDACTED] testified

that this is more IAs than any other member of the KPD since

Chief [REDACTED] became Chief in 2018.  Chief [REDACTED]

testified that it is rare for a Kent Police Officer to have two

IAs, let alone the six that Officer [REDACTED] accrued during

the ten years preceding the current violations.

     In addition, Officer [REDACTED]’s performance evaluations

have at times “needed improvements” compared to other Police

Officers.  In fact, Sergeant [REDACTED] who last evaluated

Officer [REDACTED] did not include the pending IA #23-001 in

Officer [REDACTED]’s evaluation because the IA was not completed

until July 20, 2023, when Chief [REDACTED] issued a Notice of

Disciplinary Decision.  (City Exhibit #11).       

     Clearly, the evidence has proved that Chief [REDACTED]’s

decision to terminate Officer [REDACTED]’s employment with the

KPD was based upon the admitted misconduct by Officer [REDACTED]

and serious KPD Policy violations on December 19, 2022. 

     In addition, Officer [REDACTED]’s previous disciplinary and

performance history establishes that he cannot consistently

comply with KPD Policy and performance standards.  After

consideration of Officer [REDACTED]’s lengthy disciplinary and

performance record of poor judgment, offensive statements made

to BLVD Apartments staff, and the inability or refusal of

Officer [REDACTED] to consistently reach the performance

standards required of KPD there is ample evidence to sustain his

discharge.

     The record is clear that the City followed the steps of

progressive discipline, pursuant to KPD Policy 14.30, by issuing

verbal reprimands, written reprimands, and suspensions, and each

of these steps failed to convince Officer [REDACTED] to exercise

better judgment and/or to consistently adhere to the Policies

and expectations of the KPD.  Unfortunately for Officer

[REDACTED] the next and last step of progressive discipline

under KPD Policy 14.30 is termination.  The Arbitrator should

not disturb the Chief’s decision.  

     Officer [REDACTED] attempts to excuse his behavior by

describing his comments to Ms. [REDACTED] as a temporary lapse

in judgment.  Unfortunately, KPD Policy 13.10 does not carve out

an exception for a temporary lapse in judgment.  Officer

[REDACTED]’s comments made to Ms. [REDACTED] were not made in

jest or “tongue-in-cheek.”     

     Officer [REDACTED] claims that Chief [REDACTED]’s failure

to immediately place Officer [REDACTED] on paid Administrative

Leave rather than wait 155 days is evidence that Chief

[REDACTED] did not believe that there was just cause to

discipline Officer [REDACTED].  Officer [REDACTED] called former

Union President [REDACTED] to support this proposition, but the

testimony of former President [REDACTED] did not support this

proposition.  To the contrary, former President [REDACTED]

testified that since Chief [REDACTED] was appointed Chief in

2018, he could only recall the Terminate on of one Kent Police

Officer.  Former President [REDACTED] admitted that with one

case as a data point, he could not testify to any discernible

pattern to determine whether the placement or non-placement of

an employee on paid Administrative Leave meant anything.

      Officer [REDACTED] alleges that Chief [REDACTED]’s

decision to terminate his employment for violation of KPD Policy

13.10 is inconsistent with Chief [REDACTED]’s decision to

reprimand Kent Officer [REDACTED] for violation of the same

policy. (City Exhibits #37, #38).  These situations are however

distinguishable.    

     Chief [REDACTED] testified that Officer [REDACTED]’

disciplinary history was nearly perfect and limited to one IA

that occurred many years before, whereas Officer [REDACTED] had

six IAs, not including the current IA.  Moreover, former Union

President [REDACTED] admitted during his testimony that Officer

[REDACTED]’ discipline was reduced to a reprimand because his

supervisor had condoned Officer [REDACTED]’ behavior, an act for

which the supervisor himself was disciplined and suspended.

(City Exhibit #39). 

     Further, Officer [REDACTED]’ conduct involved him using

profanity with a suspect calling the suspect an “asshole,” a

“fucking moron,” and a “fucking idiot.”  (City Exhibits #37,

#38).  Officer [REDACTED] used profanity like Officer [REDACTED]

but Officer [REDACTED] did not encourage “street justice”, the

beating of criminal suspects by property owners and managers

until the suspects are dead and their bodies bloody, or

otherwise encourage citizens to take matters into their own

hands through acts of violence like Officer [REDACTED]. 

Clearly, Chief [REDACTED] imposed different sanctions for

Officer [REDACTED] and Officer [REDACTED] because of the

different circumstances.  This demonstrates that Chief

[REDACTED] is not biased but he instead is fair and carefully

considered each of the cases and imposed the discipline that was

warranted based on the facts of each case and the involved

Officers’ varied disciplinary histories.

     In the final analysis, Officer [REDACTED]’s past

performance [REDACTED]and disciplinary history represents a

consistent pattern of disregard for his job.  Chief [REDACTED]

was not obligated to ignore this pattern of misconduct,

deficient performance, repeated counseling, reprimands,

performance improvement plans, and suspensions.  Officer

[REDACTED], therefore, was discharged for just cause pursuant to

Section 12.1(C) of the Collective Bargaining Agreement.

AWARD

    The grievance is denied.

 

 

 

                              Richard J. Miller

                                     

Dated May 3, 2024. 

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