Yesterday, Mayor Cy Sun placed Detective Newton on administrative leave pending an investigation into obstruction charges. We don't have any more details yet.
Public Safety Director John Calkins and four of his officers have filed suit against Cy Sun. We are working to get a copy of the court documents to confirm if the lawsuit is against Sun personally or against the City of Pacific. The Seattle PI has details in their article here...
In his rapid deterioration of any sense of sanity, Mayor Sun has barred the city administration from any work that would assist the council in the performance of their lawful duties. No staff was allowed to attend the council meeting Monday, nor will staff provide necessary information or support as the council continues to try to save this city.
But there is hope on the horizon. The State Supreme Court is scheduled to issue their decision today that would allow the recall to finally move forward and stop this tyrant from any further damage.
Pacific Mayor Cy Sun is destroying the city we love. He may be sincere, but his actions after one short year in office have caused almost irreparable harm.
We must act NOW if there is any hope to save Pacific. This page details why the recall is necessary, urgent and our only hope to restore sanity to our city.
We must act NOW if there is any hope to save Pacific. This page details why the recall is necessary, urgent and our only hope to restore sanity to our city.
Showing posts with label police. Show all posts
Showing posts with label police. Show all posts
Thursday, April 25, 2013
Tuesday, April 23, 2013
Update On Civil Service Order
In case you haven't been following saga on the recall committee Facebook page, Mayor Sun refused to obey the civil service order reinstating police Lt. Massey and Director Calkins. He even had his attorneys file a lengthy petition with the court (link here) asking the court to endorse his position on this and several other issues. The court responded with a strongly worded order requiring the mayor to immediately follow the lawful civil service order or appear in court on May 3rd to explain why (link to the court's order here).
Friday, April 5, 2013
Police Chief and Lieutenant Return To Work Today
UPDATE 9pm: A copy of the civil service commission's order reinstating Chief Calkins yet again, along with Lt. Massey can be read via this link...
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UPDATE 2pm: KING 5 is reporting that Sun's new appointment for police chief, Annette Spicuzza, has stepped down. You can read the report here...
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Mayor Sun's antics have been corrected once again. The Pacific Civil Service Commission has just overruled Mayor Sun's decision to place Chief Calkins and Lt. Massey on administrative leave. The commission has restored then to full duty. They are returning to work this afternoon. No word yet on what this means for Sun's latest hire, Annette Spicuzza, who reported moved here from out of state to replace Chief Calkins.
Thursday, April 4, 2013
Sun Hires Without Council Approval - Again
In case you missed the news the last day or so, Mayor Sun is back at it. He has hired a second Public Safety Director for the position currently filled by John Calkins. The hire was done without council knowledge or approval. News reports say Annette Spicuzza has moved to the area because of this job. She resigned from her last position at UC Davis in California after an investigation was very critical of her leadership following a controversial pepper spray incident with Occupy Wall Street protesters. More on Ms. Spicuzza's past is available here...
Monday, March 25, 2013
Mayor Sun's 911 Call
Mayor Sun's call requesting an escort to the police department when he delivered the paperwork placing the Public Safety Director and police lieutenant on administrative leave is now available (link here). Note that Sun was advised earlier about the procedure he would need to follow if he wanted assistance from King County Sheriff's office. He did not follow that procedure when he called 911 on Friday and the sheriff's office declined the request to send an escort for the mayor.
Friday, March 22, 2013
Decimated Police Force Stripped Even More
Mayor Cy Sun's vendetta against the Pacific Police Department took another ugly turn for the worse today. Sun placed both Public Safety Director John Calkins and Police Lieutenant Edwin Massey on administrative leave, claiming harassment and intimidation.
Under Sun's leadership, police ranks have gone from a department of 11 officers (plus staff) to 7 before today's action. Crime has risen, overtime is the norm and morale low. Sun has forbidden any city employee to discuss his latest move or face termination. A copy of the mayor's memo can be seen here...
The recall continues to wait for a decision from the Washington State Supreme Court before we can proceed. Mayor Sun has delayed and stalled the recall process every way he can, all while continuing to destroy this city. He continued that pattern today, putting the citizens of Pacific at even greater risk.
Under Sun's leadership, police ranks have gone from a department of 11 officers (plus staff) to 7 before today's action. Crime has risen, overtime is the norm and morale low. Sun has forbidden any city employee to discuss his latest move or face termination. A copy of the mayor's memo can be seen here...
The recall continues to wait for a decision from the Washington State Supreme Court before we can proceed. Mayor Sun has delayed and stalled the recall process every way he can, all while continuing to destroy this city. He continued that pattern today, putting the citizens of Pacific at even greater risk.
Tuesday, December 18, 2012
State Patrol Report
In the many twists and turns in the saga of Cy Sun as mayor, one of the pieces was an investigation into the Pacific Police. The finding showed no misconduct by our police department. The full report is available via this link...
Thursday, October 4, 2012
No Criminal Charges
The investigation into allegations that Mayor Sun destroyed public documents has been completed by the King County Sheriff's office. There is not sufficient evidence to charge him with a crime. The counter criminal allegation against the arresting officers investigated by the State Patrol - that Sun was not treated correctly in his arrest by Pacific Police - has been found to be without merit. The King County Prosecutor's office has decided not to file charges. KOMO News has more here...
Just because Mayor Cy Sun's actions in this one incident do not rise to the level of criminal charges does not mean he is absolved of his duty to lead our city with integrity and honor. His actions in office clearly meet the definition of malfeasance and misfeasance, which are the basis for our recall effort. We hope the judge will be able to sift through the legal games and allow the citizens to vote on the recall. The third attempt to hold a hearing on the recall is scheduled for next Tuesday. We will provide an update as soon as we can.
Just because Mayor Cy Sun's actions in this one incident do not rise to the level of criminal charges does not mean he is absolved of his duty to lead our city with integrity and honor. His actions in office clearly meet the definition of malfeasance and misfeasance, which are the basis for our recall effort. We hope the judge will be able to sift through the legal games and allow the citizens to vote on the recall. The third attempt to hold a hearing on the recall is scheduled for next Tuesday. We will provide an update as soon as we can.
Monday, October 1, 2012
Sgt. Pickett Retiring
Pacific
Police Sgt. Jim Pickett announced today that he is retiring after 25
years of service to the citizens of Pacific. He has more years of
service in our city than any other officer. His last day will be October
31st.
Pickett expressed appreciation for all the wonderful Pacific residents he has met over the years. He noted that when he first started the department didn't even use a typewriter for reports. Everything was done
with pen and paper. Getting something wrong on a report meant getting out a
clean report form and starting over. He said it was a big deal when the department got Polaroid cameras for crime scene photos.
"The City hired me in a full time position on September 1, 1992. Since then, I’ve had a chance to see the department go through the purchase of its first computer, followed by a computer network, and then computers in the cars. Most of us now use our department-issued cell phones to take crime-scene photos. And now the even the radio system is computerized."
A copy of Pickett's retirement letter is available here...
Tuesday, September 11, 2012
Last Night's Council Meeting Highlights
The council meeting on Monday night
began with Mayor Sun announcing that he can no longer chair the council
meetings as required by law. He claimed he was being discriminated against
because of his hearing impairment. Sun had picked Council Member James McMahon
to conduct the meetings on his behalf, but council rules require that the mayor
pro-tem (already predetermined by the council) take over when the mayor is not
available. Sun said he would be in his office if needed and left the meeting.
He was seen leaving the building a short time later. Mayor pro-tem Council
Member John Jones took over the meeting.
During public comment Gary Van Hee congratulated the council on their courage and for filing the Writ of Mandamus. He hoped the move plays out in a positive way for the city.
During public comment Gary Van Hee congratulated the council on their courage and for filing the Writ of Mandamus. He hoped the move plays out in a positive way for the city.
Council Member Josh Putnam noted they are finally caught up
with the financial statements through July. Jeanne Fancher asked for
clarification about a rumor that $10 million in city funds had been lost and
then found. Putman explained there was a mistake on how the money was coded in
the budget. The state determines the codes and they are always changing them,
so it can be hard to stay current.
Lt. Massey reported that the mayor has authorized the
replacement of one officer and the recently retired evidence technician,
leaving one patrol officer position still vacant. The department started a
background check on an applicant for the officer and they have scheduled an
oral board review for the evidence technician position.
Council Member Steiger expressed concern that the mayor
wants to hire people to fill his proposed new positions, like a city
administrator. He felt the mayor should fill the jobs based on current job
descriptions, not try to fill proposed jobs. The council considered a motion recommending
the mayor only hire for existing openings, not proposed ones. Putnam wanted to
change the wording on the motion to a more positive tone. Steigner felt that
being nice had not gotten the city anywhere and he felt it was time to stand up
and take a strong stand. Guier felt the writ of mandate was a strong stand. The
vote on the motion tied.
Council Member Gier was concerned about if/when next year’s
budget would be proposed, which is due from the mayor to the council by October 1st.
Putnam announced that the city’s insurance renewal date was
September 1st. The insurance company had allowed the city to renew
the policy only until December 31st at a higher rate.
Washington Survey and Ratings Bureau (WSRB) had contacted
Pacific’s building inspector earlier this year. WSRB rates cities for insurance
companies. Their ratings determine the cost for homeowner and other insurance
within the city. When the building inspector (who is out on medical/stress
leave) did not respond, WSRB sent the inquiry directly to the mayor. When Sun
did not respond, WSRB started the process to change Pacific’s rating from a 3
to a 99, which would have made it impossible for anyone to get insurance within
the city limits.
The city attorney happened to come across a letter from
WSRB, which he handed over to Sound Inspections (who the mayor has been using
for building inspections without authorization from the council). Sound
Inspections owner Frank Mellas explained how he was able to intervene with WSRB
and convince them to not change the rating for Pacific.
The council then debated paying the outstanding bill from Sound Inspections, with concern on one hand about not rewarding the mayor's improper actions and wanting to pay this contractor who had just done such a good thing for the city. The motion to pay the bill passed by a 4-2 vote.
The council then debated paying the outstanding bill from Sound Inspections, with concern on one hand about not rewarding the mayor's improper actions and wanting to pay this contractor who had just done such a good thing for the city. The motion to pay the bill passed by a 4-2 vote.
Tuesday, September 4, 2012
Another Police Officer Leaving
Yet another of Pacific's police officers announced his resignation today, leaving mid-month to work for a new city. Normal standards dictate that the Pacific police force should have 13 officers, including a chief. When Mayor Sun took over, there were 11 officers (including Public Safety Director Calkins), an evidence technician and the public information officer (PIO). The department was in the process of hiring another officer.
With this latest loss, the department will only have 8 officers and the PIO (down 2 officers, the chief and the evidence technician). Yet Mayor Sun insists on a hiring freeze for the entire department and still wants to fire four officers who lawfully arrested him.
It's beyond critical now - Mayor Sun must be recalled from office as soon as possible if he will not resign. The damage he has caused is too great...
With this latest loss, the department will only have 8 officers and the PIO (down 2 officers, the chief and the evidence technician). Yet Mayor Sun insists on a hiring freeze for the entire department and still wants to fire four officers who lawfully arrested him.
It's beyond critical now - Mayor Sun must be recalled from office as soon as possible if he will not resign. The damage he has caused is too great...
Friday, August 31, 2012
Police Overtime Quadruples
Here is some more information that should scare everyone into getting
involved in what is going on at city hall. With no chief of police, an
evidence tech retired, one officer leaving the department within the
month, the city is being served by less
officers. Add to that the hiring freeze ordered by Mayor Sun and we
have officers working more and more hours. If you need an officer,
especially in a very difficult situation, would you not be served better
by an officer that is not been working many more hours than he should
be? What affect does the amount of hours worked have on the officer?
Is it putting our officers and community in a compromised position? What
about the added cost of paying overtime to cover shifts? Here are some
of the numbers from the last two months (comparing 2011 to 2012):
# of OVERTIME hours from July1-Aug 31 2011............84 hours
# of OVERTIME hours from July1-Aug31 2012........353.5 hours
That is an increase of more than 4 TIMES! This is OVERTIME!
Just as a reminder, during the same period comparison on the crime statics is linked here.....
# of OVERTIME hours from July1-Aug 31 2011............84 hours
# of OVERTIME hours from July1-Aug31 2012........353.5 hours
That is an increase of more than 4 TIMES! This is OVERTIME!
Just as a reminder, during the same period comparison on the crime statics is linked here.....
Tuesday, August 28, 2012
Calkins' Civil Service Hearing: Part 2
The civil service hearing was continued until Friday
evening, August 24th to hear testimony from former finance director
Maria Pierce, who was unable to attend the previous meeting on Tuesday, August
21st. The city tried to recall John Calkins to the stand, but the
rules state no further witnesses or records could be admitted except Ms.
Pierce.
Pierce outlined her duties and work history, including her
relationship with Calkins (which had been professional). She reviewed the
process of working with Calkins getting the police cars ordered, which had been
delivered to the car dealer by January.
Pierce reiterated that the funds for the vehicles came from the criminal
justice funding, not the general funds. Police salaries are paid from the
general fund, but criminal justice funds cannot be used for general fund
purposes.
Pierce contacted Mayor Sun shortly after he took office about
the cars when the state needed an ordinance or resolution from the city for the
financing. Sun told her to stop the purchase of all five cars. She contacted the state and the dealer
several times but there was no normal way to cancel the purchase contract at
such a late date. The dealer had an open-ended amount they could charge for
canceling the contract.
Despite being very concerned about this going on behind
Calkins’ back, she “was instructed specifically no, you do not say anything.”
She knew Calkins had been blindsided when she announced to the council on January
17th that the mayor had stopped the purchase.
When the council when into executive session, Pierce said
she stood up. Calkins started yelling, she yelled back. “I was put into a
position I shouldn’t have been put in.” She was very upset and told Calkins to
talk to her boss. Calkins apologized and acknowledged he was upset at what the
mayor had done. She never felt physically threatened, nor did he reach for a
gun. She never felt like he intended to harm her.
Pierce was called to the mayor’s office, but said she never
asked the mayor to discipline Calkins. She felt she could have continued to
work with Calkins.
Calkins verbally attacked, which was unprofessional but
given the circumstances she understood why. She was upset about the situation
she had been put in, not just the argument with Calkins. “I was the person who
had to be the bad guy.” She was angry that the mayor did not stand up and take
responsibility for his decision.
Under cross-examination by the city, Pierce noted she never
felt that Calkins prevented her from leaving. Both she and Calkins were yelling
at each other. Calkins was not swinging his hands; he was not out of control.
He was pissed.
The city clerk came over and said, “John, let’s go. It’s not
her fault; it’s the mayor’s fault.” Pierce and Calkins continued to yell at
each other for a few minutes with others in the room. She admitted having
trouble keeping her composure. She had tears in her eyes but not because she
was upset with Calkins. She cries easily, when she is angry or at a toilet
paper commercial.
Pierce testified she would have talked to Calkins about the
hold on the cars if she was not afraid of being fired. The mayor had warned her
she would be insubordinate if she told Calkins what was going on, but she asked
the mayor several times if he had spoken to Calkins as he promised. A few hours
before that council meeting, the mayor told her he had spoken to Calkins but
because of Sun’s “past practice of him lying”, she knew he had not and she
dreaded going to the meeting.
Closing Statements
Just before statements began, the former city clerk Jane Montgomery
helped solve a problem with the recording equipment.
City attorney Elizabeth Thompson reminded the commission
that their duty was to determine two things 1) was the decision to terminate
for good cause; and 2) was the termination done in accordance with civil
service procedures. She instructed the commission to disregard the testimony
about who said what to whom or who may have been lying. What was important was
did the mayor maintain an open mind before deciding to fire Calkins.
Evidence showed Calkins was out of control in front of
others, including the mayor’s wife. It took at least three different people
intervening to calm him down. His anger was the result of questioning the mayor’s
authority. But Calkins took out his anger on other employees rather than the
mayor.
If the mayor was “hell-bent” on firing Calkins, he would
have acted sooner. But he took a long time to deliberate. The mayor’s decision was
based on conduct that was indisputable. Calkins conduct was improper. The civil
service code provides for discharge for this transgression and the city asked
the commission to find the discharge was for cause and appropriate.
Calkins attorney Chris Vick noted there are many other
issues at play. Was the decision for political or religious reasons? Clearly it
was political. Either the mayor is lying or everyone else is lying. There was
plenty of testimony that the mayor planned to fire Calkins before this
incident. Calkins behavior was unprofessional, but the situation was orchestrated
by the mayor.
In addition, procedure was not followed. The mayor had
already decided to fire Calkins before he was elected. Sun did not keep an open
mind as required. No one had been fired for an argument before. The punishment
was disproportionate. Vick asked that the commission find that the mayor was
disingenuous in his testimony, that he had prejudged and that this incident did
not rise to the level of discharge.
The commission then went into deliberations. Once a decision
is reached, their attorney will write it up for their approval. The process is
expected to take three weeks.
Friday, August 24, 2012
Calkins Hearing Notes
Here is a summary of the first hearing regarding former Public Safety Director John Calkins appeal of his firing by Mayor Cy Sun. The civil service hearing was held on Tuesday and will continue tonight at 6pm at city hall. The proceedings are open to the public.
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The mayor allowed the city attorney, Ken Luce to accompany him this time but would not allow Luce to question him. A second attorney, Elizabeth Thompson, asked the questions for the city. The civil service attorney, Gary McLean ran the meeting, explaining that the commission acts like a jury under similar rules. McLean noted that some records had not been provided in a timely manner and therefore were not admitted. Under civil service rules, two issues were important; 1) was the discipline for cause and 2) were procedural requirements followed. The burden of proof is on the mayor. The commission is not allowed to consider any information not presented previously to the employee. If something is brought up post-action, it cannot be considered. Calkins' attorney felt the RCW listed in the termination letter as reason for the discharge did not apply. The city attorney agreed, it only applies to cities without a civil service commission. The other reasons for the termination still stand.
Opening Statements:
Thompson outlined the situation: Sun was elected on a campaign of fiscal responsibility and put a hold on the purchase of five new police cars because of that promise. When the issue came up at the January 17th council meeting, Director Calkins responded with inappropriate anger. The mayor placed Calkins on administrative leave and took steps in a deliberate and thoughtful process over four months before firing Calkins under civil service rules. That codes says discharge may occur for insubordination or acts injuring the public.
Calkins' attorney stated that this has nothing to do with the mayor managing a budget. It is about the law that says employees cannot be discharged except for cause. Mayor Sun intended to fire Calkins before this incident. He ordered his staff not to talk to Calkins about his plans to cancel the car order. Reasonable minds would conclude Calkins was set up. In hindsight, it was a bad choice to loose his temper but it is not cause for termination.
Testimony For The City:
Barbara Sun, the mayor's wife: Testified that she witnessed Calkins get into a heated argument with the finance director after the council recessed into executive session on January 17th. He was very close to her face and very angry. It was clear the finance director was very upset and looked like she was ready to cry. The city clerk tried to intervene and eventually took Calkins into the hallway. Sun heard Calkins tell the clerk to shut up.
Under cross examination by Calkins' attorney, Mrs. Sun confirmed this was only a verbal confrontation, no gun or threats of any kind, no physical touching. Only Calkins had his voice raised, not the clerk or finance director.
Mayor Cy Sun: Thompson asked him about his decision about the police cars. After a 10-second delay, Sun responded saying he only canceled the purchase of one car to save money, but he had told the council that night he wanted to hold the purchase of all five cars to study the issue. He did not witness the argument but the clerk told him about it later. The finance director was "in-cohesive". He felt the clerk and finance director were too upset to talk that night; "I heard gobbldygook. They just wasn't themselves."
When he interviewed them the next day, they wanted some dispilinary action against Calkins. All he could think of was to put Calkins on leave so he could have more time to think. Both women advised him and participated in this action.
He said he carefully read the civil service rules and the RCW's so he would have a lawful point to establish his claims. Calkins had intimidated personel in front of the public. The mayor felt that violated the law and was unbecoming for the positon Calkins held. "You just don't go up to a person and tell that person to shut up and drive your point home. You just don't do that. If you got a problem, its best to talk it out respectfully."
The mayor said he took a long time to think about his next step. He was concerned about firing Calkins since he had a family to support. It was a hard decision and it took him all that time to think about it (the four months of adminstrative leave before termination).
Exhibit 3, the Loudermill letter lists the reasons for termination: 1) dis-temperance, 2) immoral conduct, 3) willful failure to properly conduct himself, and 4) bringing negative publicity to the city. Sun felt that Calkins exhibited dis-temperance and immoral conduct when he lost his temper and was abusive and disrespectful.
When asked what he meant by negaitive publicity, the mayor said he negated any past rumors or publicty because it was in the past. But when he wrote the Loudermill letter, he could see there was trail to his character. Calkins' attorney objected and it was sustained, so the mayor restated that he was refering to negative, unsatifactory, damaging publicity based on news and blogs. He was not trying to set up Calkins and felt the discharge was in the best interest of the city.
Under cross examination, Mayor Sun denied ever telling anyone he intended to fire Calkins before this incident. He never told anyone he intended to cancel the order for all five cars, nor did he instruct anyone to withold his decision from Calkins.
Calkins' attorney (Mr. Vick) asked Sun if he planned on firing Calkins before issuing the Loudermill letter, which the mayor denied. Sun said he hoped Calkins would come up with some constructive rebuttal at the Loudermill hearing. Sun denied that Calkins requested to meet with him the next day or that Calkins came by his office attempting to meet with him but was denied access.
Vick notes the Loudermill letter states Calkins should be fired for the KOMO News investigative story and a blog story by Robert Smith. Sun denies that he used that as an instrument to fire Calkins, but it was included to augment his decision. Vick asked if the argument on January 17th had not happened, would the reason listed in the Loudermill letter of bad publicity have come up? Sun responded that he did not say that, but that it fits hand and glove with the other reasons listed. Vick asked Sun if he was testifying that everything the press says is true. The mayor felt they would not write what they did if it didn't happen.
Testimony For Calkins
Police Lt. Massey stated he had a friendly relationship with Sun before the election and that Sun had told him he planned on firing Calkins because of the news stories and making Massey chief. Massey explained how police cars are used and their costs.
City attorney Thompson asked if Massey had ever seen Calkins angry, but Vick objected stating this is about one specific incident, not a pattern. Massey stated he had seen Calkiins angry and Calkins had seen him angry over their 12 years working together. He never felt threatened.
Council member Clint Steiger chairs the council's public safety committee, which invesitigated the allegations outlined in the KOMO News story. Steiger said Calkins was not displinined for anything out of that story after the council's investigation. Steiger noted that prior to Calkins becoming director, there was no policy about purchasing police cars and they were always breaking down. Calkins resolved that problem. He never felt bullied by Calkins. Calkins had worked with the council for this purchase of five new cars and the council had approved the purchase. The mayor had never notified the council of his plans to cancel the order.
Steinger noted there were no witnesses to the allegations of anger in the KOMO story. He knew that the clerk had met with Sun on December 7th to tell her about h is plans for the city; which included firing five people including Calkins. Steinger reiterated that the mayor had told staff not to tell Calkins about canceling the cars order, even though by January 17th they were already at the local car lot.
Steinger testified he had never seen anyone fired for having an argument and never heard staff request that Calkins be fired for this incident. He had heard Sun discuss firing Calkins but the mayor was not sure how to go about it. Sun, Steinger, the clerk had discussions with the insurance company about progressive disipline and that this offense was not enough for termination.
Under cross examination, Steinger noted there was discussion about Calkins salary after the fire department was removed from his scope of work.
Massey was recalled to the stand and stated he was called to the mayor's office prior to the termination decision. The mayor stated he planned on firing Calkins and this agument made it happen quicker. The mayor stated that anyone who didn't support him would be fired.
Calkins then took the stand. He outlined his background and that he had never been displined in Pacific prior to this, but had recieved several commendations. He outlined his five-year policy of new car purchases using criminal justice funds, not general city funds.
Calkins expressed regret over the argument, but the first he knew of the car purchase being canceled was when the finance director announced it to the council in the meeting. He had apoligized to both of them that night when they told him the mayor had ordered them not to tell him.
Under cross examination, he stated he had been investigated but never for anger issues. He agreed the argument was inapproprate. He attempted to contact the mayor the next day to apologize and ask why the mayor chose to blindside him. When he went to see the mayor, Sun told him to leave and shut the door. Calkins then went to speak with the clerk. Sun banged loudly on the door, then told the clerk she was never to speak to Calkins again.
The former finance director did not appear to testify due to childcare issues. The hearing will continue on Friday at 6pm.
___________________
The mayor allowed the city attorney, Ken Luce to accompany him this time but would not allow Luce to question him. A second attorney, Elizabeth Thompson, asked the questions for the city. The civil service attorney, Gary McLean ran the meeting, explaining that the commission acts like a jury under similar rules. McLean noted that some records had not been provided in a timely manner and therefore were not admitted. Under civil service rules, two issues were important; 1) was the discipline for cause and 2) were procedural requirements followed. The burden of proof is on the mayor. The commission is not allowed to consider any information not presented previously to the employee. If something is brought up post-action, it cannot be considered. Calkins' attorney felt the RCW listed in the termination letter as reason for the discharge did not apply. The city attorney agreed, it only applies to cities without a civil service commission. The other reasons for the termination still stand.
Opening Statements:
Thompson outlined the situation: Sun was elected on a campaign of fiscal responsibility and put a hold on the purchase of five new police cars because of that promise. When the issue came up at the January 17th council meeting, Director Calkins responded with inappropriate anger. The mayor placed Calkins on administrative leave and took steps in a deliberate and thoughtful process over four months before firing Calkins under civil service rules. That codes says discharge may occur for insubordination or acts injuring the public.
Calkins' attorney stated that this has nothing to do with the mayor managing a budget. It is about the law that says employees cannot be discharged except for cause. Mayor Sun intended to fire Calkins before this incident. He ordered his staff not to talk to Calkins about his plans to cancel the car order. Reasonable minds would conclude Calkins was set up. In hindsight, it was a bad choice to loose his temper but it is not cause for termination.
Testimony For The City:
Barbara Sun, the mayor's wife: Testified that she witnessed Calkins get into a heated argument with the finance director after the council recessed into executive session on January 17th. He was very close to her face and very angry. It was clear the finance director was very upset and looked like she was ready to cry. The city clerk tried to intervene and eventually took Calkins into the hallway. Sun heard Calkins tell the clerk to shut up.
Under cross examination by Calkins' attorney, Mrs. Sun confirmed this was only a verbal confrontation, no gun or threats of any kind, no physical touching. Only Calkins had his voice raised, not the clerk or finance director.
Mayor Cy Sun: Thompson asked him about his decision about the police cars. After a 10-second delay, Sun responded saying he only canceled the purchase of one car to save money, but he had told the council that night he wanted to hold the purchase of all five cars to study the issue. He did not witness the argument but the clerk told him about it later. The finance director was "in-cohesive". He felt the clerk and finance director were too upset to talk that night; "I heard gobbldygook. They just wasn't themselves."
When he interviewed them the next day, they wanted some dispilinary action against Calkins. All he could think of was to put Calkins on leave so he could have more time to think. Both women advised him and participated in this action.
He said he carefully read the civil service rules and the RCW's so he would have a lawful point to establish his claims. Calkins had intimidated personel in front of the public. The mayor felt that violated the law and was unbecoming for the positon Calkins held. "You just don't go up to a person and tell that person to shut up and drive your point home. You just don't do that. If you got a problem, its best to talk it out respectfully."
The mayor said he took a long time to think about his next step. He was concerned about firing Calkins since he had a family to support. It was a hard decision and it took him all that time to think about it (the four months of adminstrative leave before termination).
Exhibit 3, the Loudermill letter lists the reasons for termination: 1) dis-temperance, 2) immoral conduct, 3) willful failure to properly conduct himself, and 4) bringing negative publicity to the city. Sun felt that Calkins exhibited dis-temperance and immoral conduct when he lost his temper and was abusive and disrespectful.
When asked what he meant by negaitive publicity, the mayor said he negated any past rumors or publicty because it was in the past. But when he wrote the Loudermill letter, he could see there was trail to his character. Calkins' attorney objected and it was sustained, so the mayor restated that he was refering to negative, unsatifactory, damaging publicity based on news and blogs. He was not trying to set up Calkins and felt the discharge was in the best interest of the city.
Under cross examination, Mayor Sun denied ever telling anyone he intended to fire Calkins before this incident. He never told anyone he intended to cancel the order for all five cars, nor did he instruct anyone to withold his decision from Calkins.
Calkins' attorney (Mr. Vick) asked Sun if he planned on firing Calkins before issuing the Loudermill letter, which the mayor denied. Sun said he hoped Calkins would come up with some constructive rebuttal at the Loudermill hearing. Sun denied that Calkins requested to meet with him the next day or that Calkins came by his office attempting to meet with him but was denied access.
Vick notes the Loudermill letter states Calkins should be fired for the KOMO News investigative story and a blog story by Robert Smith. Sun denies that he used that as an instrument to fire Calkins, but it was included to augment his decision. Vick asked if the argument on January 17th had not happened, would the reason listed in the Loudermill letter of bad publicity have come up? Sun responded that he did not say that, but that it fits hand and glove with the other reasons listed. Vick asked Sun if he was testifying that everything the press says is true. The mayor felt they would not write what they did if it didn't happen.
Testimony For Calkins
Police Lt. Massey stated he had a friendly relationship with Sun before the election and that Sun had told him he planned on firing Calkins because of the news stories and making Massey chief. Massey explained how police cars are used and their costs.
City attorney Thompson asked if Massey had ever seen Calkins angry, but Vick objected stating this is about one specific incident, not a pattern. Massey stated he had seen Calkiins angry and Calkins had seen him angry over their 12 years working together. He never felt threatened.
Council member Clint Steiger chairs the council's public safety committee, which invesitigated the allegations outlined in the KOMO News story. Steiger said Calkins was not displinined for anything out of that story after the council's investigation. Steiger noted that prior to Calkins becoming director, there was no policy about purchasing police cars and they were always breaking down. Calkins resolved that problem. He never felt bullied by Calkins. Calkins had worked with the council for this purchase of five new cars and the council had approved the purchase. The mayor had never notified the council of his plans to cancel the order.
Steinger noted there were no witnesses to the allegations of anger in the KOMO story. He knew that the clerk had met with Sun on December 7th to tell her about h is plans for the city; which included firing five people including Calkins. Steinger reiterated that the mayor had told staff not to tell Calkins about canceling the cars order, even though by January 17th they were already at the local car lot.
Steinger testified he had never seen anyone fired for having an argument and never heard staff request that Calkins be fired for this incident. He had heard Sun discuss firing Calkins but the mayor was not sure how to go about it. Sun, Steinger, the clerk had discussions with the insurance company about progressive disipline and that this offense was not enough for termination.
Under cross examination, Steinger noted there was discussion about Calkins salary after the fire department was removed from his scope of work.
Massey was recalled to the stand and stated he was called to the mayor's office prior to the termination decision. The mayor stated he planned on firing Calkins and this agument made it happen quicker. The mayor stated that anyone who didn't support him would be fired.
Calkins then took the stand. He outlined his background and that he had never been displined in Pacific prior to this, but had recieved several commendations. He outlined his five-year policy of new car purchases using criminal justice funds, not general city funds.
Calkins expressed regret over the argument, but the first he knew of the car purchase being canceled was when the finance director announced it to the council in the meeting. He had apoligized to both of them that night when they told him the mayor had ordered them not to tell him.
Under cross examination, he stated he had been investigated but never for anger issues. He agreed the argument was inapproprate. He attempted to contact the mayor the next day to apologize and ask why the mayor chose to blindside him. When he went to see the mayor, Sun told him to leave and shut the door. Calkins then went to speak with the clerk. Sun banged loudly on the door, then told the clerk she was never to speak to Calkins again.
The former finance director did not appear to testify due to childcare issues. The hearing will continue on Friday at 6pm.
Tuesday, August 21, 2012
Calkins' Hearing Tonight
The appeal before the civil service commission for John Calkins, former Pacific Public Safety Director fired by Mayor Sun, is scheduled for this evening at 6pm at city hall. The proceedings are open to the public. No word if Tracey Vedder of KOMO News will appear as a witness for the mayor. Mayor Sun listed Vedder and others from her investigational story about Calkins as witnesses during the pre-hearing conference hearing last month (story here). More details on tonight's hearing coming soon - along with the civil service decision whether to reinstate Calkins.
Thursday, August 16, 2012
Property Crime Investigations Doubles
The numbers prove what many feared, crime has increased in Pacific under Mayor Sun. The following statistics compare July 1 to August 15, 2011 to the same period in 2012. Officer-initiated actions are down to 15 this year compared to 51 in 2011 and property crime investigations have more than doubled.
It's those officer contacts leading to an arrest that deter criminals - the first line of defense that is now decimated under Mayor Sun. It's not surprising that property crime has increased given the reduction in patrol time Pacific officers can do right now. And that time gets reduced even further next week when the evidence technician retires.
Yet Mayor Sun has ordered a hiring freeze for Pacific Police and is trying to fire half the department.
Bottom line:
July 1 - August 15, 2011
51 - Officer-Initiated Enforcement Actions
25 - Property Crime Investigations
July 1 - August 15, 2012
15 - Officer-Initiated Enforcement Actions
51 - Property Crime Investigations
It's those officer contacts leading to an arrest that deter criminals - the first line of defense that is now decimated under Mayor Sun. It's not surprising that property crime has increased given the reduction in patrol time Pacific officers can do right now. And that time gets reduced even further next week when the evidence technician retires.
Yet Mayor Sun has ordered a hiring freeze for Pacific Police and is trying to fire half the department.
Bottom line:
July 1 - August 15, 2011
51 - Officer-Initiated Enforcement Actions
25 - Property Crime Investigations
July 1 - August 15, 2012
15 - Officer-Initiated Enforcement Actions
51 - Property Crime Investigations
Monday, August 13, 2012
Council Meeting Tonight
There will be a chance to voice your concerns directly to Mayor Sun tonight at the regular council meeting - 6:30pm at City Hall. You are encouraged to attend and use your three minutes of public comment to state your opinion or ask questions about issues not on the agenda below. There is also public comment allowed during discussion of the agenda items on those specific issues.
Ignore any fake notices posted on doors that the meeting is canceled; which has been a problem in the past. If the meeting is truly canceled, there will be someone to officially announce it.
Of growing concern for many is the hiring freeze that is taking a huge toll on our police department. Pacific City Signal News has a good evaluation on normal staffing levels and what Pacific is now facing (link here). Between injuries, loosing officers to other departments and support staff retiring, the department is facing critical shortages. The mayor refuses to allow replacements and is trying to fire four additional officers.
Please join your neighbors tonight in calling for Mayor Sun to do what is right for this community and step down. As always, civil words and actions are easier to hear and have greater impact, so no matter how mean or vocal the opposition may be, you deserve to be heard. It is imperative that we come together now as one voice and save our city.
Ignore any fake notices posted on doors that the meeting is canceled; which has been a problem in the past. If the meeting is truly canceled, there will be someone to officially announce it.
Of growing concern for many is the hiring freeze that is taking a huge toll on our police department. Pacific City Signal News has a good evaluation on normal staffing levels and what Pacific is now facing (link here). Between injuries, loosing officers to other departments and support staff retiring, the department is facing critical shortages. The mayor refuses to allow replacements and is trying to fire four additional officers.
Please join your neighbors tonight in calling for Mayor Sun to do what is right for this community and step down. As always, civil words and actions are easier to hear and have greater impact, so no matter how mean or vocal the opposition may be, you deserve to be heard. It is imperative that we come together now as one voice and save our city.
Wednesday, August 8, 2012
City Council Update
Monday night, the city council received an update on several issues. Among them:
- Police: The mayor has imposed a hiring freeze on the department. The Evidence Technician is retiring this month and cannot be replaced. Officers will process evidence, keeping officers in the office rather than on patrol.
- The hiring freeze was enacted while the department was in the process of filling a vacancy. A second officer is in the hiring process elsewhere and may be leaving. That means two officers lost with no replacement, placing even more strain on the department as well as the budget impacts from overtime.
- Streets: The Stewart Road/Valentine project is out of compliance with the grant requirements. The only way to get back on track involves extensive engineering time. Without a city engineer, consultants will have to do the work at $100 to $240 per hour. The Valentine/136th project that Sumner administers is doing well now that Sumner is running the project.
Tuesday, August 7, 2012
Police Department Open House
National Night Out Against Crime means the annual open house at the Pacific Police Department. Given Mayor Sun's attempt to fire over half the department recently, the department has been under some stress. But tonight brings everyone together to remember the best about our city...
So stop in and offer a word of encouragement and support to your officers. Free food, music, games for the kids and more! The police department extends their thanks to Don Kuzmer and Metals Express for their donation to support the event. The party lasts til 7pm tonight.
So stop in and offer a word of encouragement and support to your officers. Free food, music, games for the kids and more! The police department extends their thanks to Don Kuzmer and Metals Express for their donation to support the event. The party lasts til 7pm tonight.
Tuesday, July 31, 2012
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