91 _Renton Police Department Public Records

7/28/2019 91 _Renton Police Department Public Records

1/149

INTERNAL INVESTIGATION

SUMMARY SHEET

Complaint Number C,.O--- f ) ~\ l .Date of Incident ) \ ~ ~ 0/; D

I I

Type. of Incident b)tfl{ ~ yName of Employee

Assigned In v e sti gator _D..... A V - - - ' - - ' " " - - - L - - - - " ' , . - & _ l _ _ . P _ . c ; . z - . ~ ~ - ~ . ! : ._ _ _ _ _Date A s s i g n e d ~ - .1 ~ _ ~ _ / _ ! _ J- - - - - - - - - - - -Due Date 2/2---2- ( I J Extension - - - - - - - -Review Dates - - - - - -

Completion Date _ _ _ _

Deputy Chief - - - - - ' - - - - - - - - - - - - - - - -

PD Admin/Milosevich/COinfo


2/149


3/149

POliCE DEPARTMENT

DATE:

TO:

FROM:

SUBJECT:

M E M O R A N D U M

February 22, 2011David Leibman, Commander

Kevin Milosevich, Chief

C0-02111nvestigation

I received informat ion yesterday that leads me to believe thCjt ~ e v e r a lmembers of theDepartment may have violated our General Orders.

O f f i c e r ' a n d

while on duty dressed down to work-out clothes and

participated in the 2010 Turkey Bowl fo r approximately tw o hours. During this time,they were being compensated at the rate of double time and a half since it wasThanksgiving.

In attendance was their immediate supervisor and their Sergeant-w a son a scheduled day o ft but coordinated the event. -

Involved officers known at this time include Sgt. f Officer J Officerd Officer:

Violations may include:

26.1.1.li.A. Violation of Rules26.1.1.11.0. Conformance to Laws26.1.1.li.F. Neglect of Duty26.1.1.li.K Unsatisfactory Performance26.1.1.li.KK Departmental Roles

This internal investigation is being assigned to you to investigate. Should you have anyquestions or concerns, please direct them to me.

h: \pd _ admin milosevich restored h drive files\milosevich co0211 assignment. doc


4/149

C0-0211

2-21-11 0815

Sgt met with me in my office. stated that a Department member was awareof a possible code of conduct violation involving several members and requested to remainanonymous over fear of retribution by S

ta ted that the information he received shows that two on-duty officers dressed down toparticipate in the Turkey Bowl on Thanksgiving. These two officers did no t use accrued time,and were compensated at the double-time rate for twelve hours worked on Thanksgiving.

provided me copies of the daily roster, monthly schedules, CAD i ~ f o r m a t i o n ,and ITSinformation. l s o had two CD's showing photographs of the participating officers. The

two participating officers were Officer an d Their OIC fo r the daywas Offic nd their regular shift supervisor was S g h o coordinated the event.S g a s on a training trade day fo r a previously scheduled CDU training that was held onthe 23r 0 .

According to the Turkey Bowl announcement, the event was scheduled to begin at 0800 at theRenton Stadium at 400 Logan.

According to the daily roster:

1A South

6R11R11 Matsukawa1R13 Deuz1R121R151R14 Tolliver

1A North

6R2 Eddy1R22 Ferguson1R25 Ylinen1R23 Hossner1R21 Blackard1R24 Humphreys (Overtime)

According to the CAD:

l l l l l w a sat the station at 0742, portable at 400 Logan at 0821, and cleared at 1025.fwas at the station at 0742, portable at the station at 0821, and cleared at 1015.

According to ITS, their time sheet shows working 12 hours and receiving 12 hours of Holidaypay.


5/149

I reviewed the attached CD's. Both CD's showed numerous photographs of both andparticipating in the Turkey Bowl.


6/149


7/149

Allegation Summary C0-0211

Initial Allegations

On 11/25/2010, Renton Police Officers and were on duty, working dayshift onsquad 1A South. 1A South staffing was at minimum and staffing on 1A North was atemergency, causing an officer to be called in for 12 hours of overtime.

Both Officers dressed down into workout clothes and participated in the 2010 Turkey Bowl forapp. two hours. During this time, they were being compensated at the rate of double time

since it was Thanksgiving.

Also in attendance at th e event was their immediate supervisor, OIC and theirSergean Sergeant was on a day off but coordinated th e event.

For Officer Jan this allegation potentially violates th e following GeneralOrders:

26.1.1 Code of Conduct and Appearance

Section II

A. Violation of Rules- Members ofthe Police Department shall not commit any acts, or

omit any acts, which constitute a violation of any ofthe rules, regulations, directives or ordersof the 'Department, City of Renton or Renton Civil Service Commission, whether stated in thisrule o r ~elsewhere.

E. Reporting for Duty- Members of the Police Department shall report for duty at th e timeand place required by assignment or orders, and shall be properly equipped, and cognizant ofinformation required for th e proper performance of duty, so that they may immediatelyassume their duties. Judicial subpoenas shall constitute an order to report for duty under thissection.

F. Neglect of Duty- Members of th e Police Department shall not commit any actsexpressly forbidden or omit any acts that are specifically required by th e laws of this state, theordinances of th e City of Renton, these Rules of Conduct, or any other orders, policies,procedures, or directives of the Police Department. Members shall not engage in any activity,or personal business, which could cause them to neglect, or be inattentive to duty.


8/149

I. leaving Duty Post - Members of the Police Department shall no t leave their assigned

duty post during a tour of duty, except when authorized by proper authority.

K. Unsatisfactory Performance (Commissioned members} Commissioned members of the

Police Department shall maintain sufficient competency to properly perform their duties, and

assume the responsibility of their positions. Members shall perform their duties in a mannerwhich will maintain the highest standards of efficiency in carrying ou t the functions and

objectives of the Department. Unsatisfactory performance may be demonstrated by a lack of

knowledge of the application of laws required to be enforced, an unwillingness or inability to

perform assigned tasks, the failure to conform to work standards established fo r the officer's

rank, grade, or position, the failure to take appropriate action on the occasion of a crime,

. disorder, or other condit ion deserving police attention, or absence without leave. In addition

to other indicators of unsatisfactory performance, the following will be considered prima facie

evidence of unsatisfactory performance: repeated poor evaluations, or a written record of

repeated infractions of rules, regulations, directives, or orders ofthe Department.

For O f f i c a n dSergea , this allegation potentially violates:

A. Violation of Rules- Members of the Police Department shall no t commit any acts, or

omit any acts, which constitute a violation of any of the rules, regulations, directives or ordersof the Department, City of Renton or Renton Civil Service Commission, whether stated in this

rule or elsewhere.

F. Neglect of Duty- Members of the Police Department shall no t commit any acts

expressly forbidden or omit any acts that are specifically required by the laws of this state, the

ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies,

procedures, or directives ofthe Police Department. Members shall no t engage in any activity,

or personal business, which could cause them to neglect, or be inattentive to duty.

K. Unsatisfactory Performance (Commissioned members} Commissioned members of the

Police Department shall maintain sufficient competency to properly perform their duties, and

assume the responsibility of their positions. Members shall perform their duties in a manner

which will maintain the highest standards of efficiency in carrying ou t the functions and

objectives of the Department. Unsatisfactory performance may be demonstrated by a lack of

knowledge of the application of laws required to be enforced, an unwillingness or inability to

perform assigned tasks, the failure to conform to work standards established for the officer's

rank, grade, or position, the failure to take appropriate action on the occasion of a crime,


9/149

disorder, or other condition deserving police attention, or absence without leave. In addition

to other indicators of unsatisfactory performance, the following will be considered prima facie

evidence of unsatisfactory performance: repeated poor evaluations, or a written record of

repeated infractions of rules, regulations, directives, or orders of the Department.

Per the following General Orders, and in light of their supervisory roles, Officer andSergeant may also be inferred as having additional responsibilities fo r any improper

actions committed by Officers and

11.3.1 Responsibility I Accountability of Employees

Section I

B. Each employee, by virtue of their position in the Department, will be held accountable

fo r thei r overall performance and the use or failure to use this delegated authority in

accomplishing the responsibilities of their position.This

willbe

measured through theperformance evaluation process.

11.3.2 Supervisory Accountability

supervisors will be held accountable fo r the performance of the employees under their

immediate supervision. Although supervisors may delegate the actual performance of a given

task, supervisory officers cannot rid themselves of the responsibility or accountability for the

accomplishment of the task.


10/149

. . I

Additional Allegation Summary for

Truthfulness and Insubordination


11/149

Allegations

Allegation Summary C0-0211(Additional)

On 03/08/11, I conducted an official interview regarding this investigation. Officers were all

reminded that Section 26.1 "Insubordination" and "Truthfulness" ofthe Renton Police

Department General Orders applied in this matter and that they must truthfully respond. Any

refusal to respond might result in disciplinary action as outlined in General Orders Section 26.1.

During the interview process, conflicting information was given by the officers interviewed.

26.1.1 Code of Conduct and Appearance

Section II

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.

TT. Truthfulness-: Upon the order of the Chief of Police, the Chief's designate, or a superiorofficer, 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 fo r

office, which may be asked of them.


12/149


13/149

. --.

POLICE DEPARTMENT - . . . . . . - . - - ~ 1 F [ c s ; @ ~ @~ }

M E M O R A N D U M

DATE: 04/01/2011

TO: Chief Milosevich

FROM: Commander David Leibman

SUBJECT: Finding of fact CO 02-11

On 02/22/11, Chief Milosevich assigned CO 02-11 to me reference th e "Turkey Bowl"which was held on November 25th, 2010. Department members were alleged to havebeen playing while on duty, while being compensated. My subsequent investigationrevealed th e following facts:

1. On 11/25/10, S e r g e a Sergeant J Officers.and! e r e all employed by th e Renton Police Department.

2. On that day, the status of these employees was:

Sergea as th e assigned Sergeant for Squad 1A south and was offduty on a personal leave day off.

Officer a s on duty an d was th e Officer in Charge for squad 1Asouth.

Officer w as on duty and assigned to th e 1R12 district. Officert Was on duty and assigned to th e 1R15 district Office -was on duty and assigned as the Officer in Charge for squad

1A north. Officer ..,twas on overtime covering emergency staffing for 1A

north.

S e r g e a n t w a s th e assigned Sergeant for Squad 1A north and wasof f duty on a personal leave day.

3. On 11/25/10, Squad 1A south was at minimum staffing. (a supervisor plus 5)

Sauad 1A north was scheduled at emergency (a supervisor and 4) DET Officera s called in on overtime at least a da y or two before by Sergeant

Ito cover the shortage.-

4. November 25th 2010 was Thanksgiving.


14/149

5. On this holiday, no other police employees were in service or available to assistthe officers on duty.

6. The probable need fo r overtime was known fo r weeks if no t months ahead oftime.

7. November 25th was Thanksgiving. Officers working that day were compensatedat a rate of double-time.

8. Sergeant g a n i z e d the "Turkey Bowl" football g a ~ eat the Renton stadiumscheduled fo r 11/25/10.

9. On November ih, the entire Department was notified about the Turkey Bowl viaemail. '

Officers nd

10. On 11/25/10, only Officers and. played while on duty.

11. W i t ~ a n t , and OIC's nowledge and approval, O f f i c e r s ~ . . and1 h a dplanned on playing the game fo r some time before the date ofthe game.

12. Officer knew his squad was at minimum staffing. He didn't know theother Sector had called someone in to cover emergency staffing.

13. Offic knew her squad was at minimum staffing. She didn't know theother Sector had called someone in to cover emergency staffing.

14. Office signed out atthe station at 07:42 hours. He changed intoathletic gear and drove his personal car to the Renton Stadium. He put himselfou t on "portable." He played in the game and then drove back to the station andreturned to full duty at 10:15 hours. He was out of service fo r app. two and a halfhours.

15. Officer did no t bring any police duty gear to the stadium, including hisportable radio. He was no t reachable by radio.

16. Officer 'signed out at the station at 07:42 hours. She changed into athleticgear and drove in Officer !personal car to the Renton Stadium. She putherself ou t on "portable." She played in the game and then drove back to thestation and returned to full duty at 10:45 hours. She was ou t of service fo r app.three hours.


15/149

-

17. Officer lid no t bring any police duty gear to the stadium, including he rportable radio. She was no t reachable by radio.

18. md said that neither recalls S e r g e no r OI tellingthem to take time of f for th e time they were off duty.

19. Jnd aid that neither recalls S e r g e a nor OI ellingthem not to put in for overtime for th e time they were of f duty.

20. During briefing on 11/25/10, OIC ied th e squad in filling ou t the overtimeslips and coding payroll for the day. Both Officers land put in forth e full 12 hours of overtime with OI nowledge. Neither one took timeoff.

21. O I gned and ./overtime slips.

2 2 a i o u l dhave approved ITS unless was off.

2 3 :aid he very well could've approved th e officers' ITS.

24. The only d a o k off that pay period was November 25th

25. Neither n o uestioned the decision to not take time off, and topu t in for th e full day of overtime.

26. Officer said he assumed Se rgea was aware that he would be paid12 hours of holiday that day.

Officer s e r g e a27. Minimum and emergency staffing levels for both squads were known several

weeks, if no t months before November 25th 2010.

28. Sergeant t o l d -.1at and had permission to play in theTurkey Bowl at least on e rotation before th e date.

29. S e r g e a i d no t seek permission via his chain to a l l m , . a n d ( _

to play the game.

30 aid t h a i ' a s k e dhim to play in th e game.

3 a i d t h asked he r to play in th e game.

32 said they asked to play in the game.


16/149

33 alternately said he offered north officers the chance to play on duty, butthen recanted.

34. oesn't recall talking to th e lA north OIC to let them know that two southofficers would be off th e street.

35. Sergeant doesn't recall talking to the lA north OIC to let them know thattwo south people would be off th e street.

36. Sergeant doesn' t recall being told b y . or - t h a t on duty peoplewould be playing in th e game.

37. O I C - t a t e d that neither S e r g e a n t nor O I C . mentioned thatmembers of their squad would be unavailable and playing in th e Turkey Bowl.

38. O I C only became aware that on duty people were playing when he droppedin on th e game and saw them playing.

39. O I C - a g r e e d that having people off and unavailable in th e south, and failingto be notified could've been problematic had a major incident occurred.

40. had app. twenty people playing in th e Turkey Bowl.

41. Overtime Officer was scheduled to play in th e rurkey Bowl. Initialarrangements were made between his wife a n d - wife.

43. was unable to play because he opted to work overtime to cover th eshortage on lA north.

44. , went to th e stadium while on duty and in uniform, and had somecontact with .

45 . oes no t recall ifthere.

was scheduled to play, cancelled, or was

46. S e r g e a n t - d i d n ' t t e l l - h a t t was expected t h a t - ,,dtime off while playing. ( B o t h - m d . concur.)

ke

47. Sergean peatedly insisted he t o l d - and to take time off forth e game. He repeatedly was unable to say to whom he spoke, when he spoke,or under what circumstances he discussed th e matter.


17/149

48. and do not recall a conversation or directive like this occurring.They both say had it occurred they would've followed directions. They both saidsuch a conversation would likely be remembered.

4 9 a i d he "was no t sure" if Sergean was aware that n ddidn't take time off, and pu t in for overtime.

50 pp rove d a n holiday overtime slip for 12 hours, whileknowing they did no t work 12 hours.

51. oesn't recall if he approved ITS, but said that, "Normally I don't approvethem u n l e s w a y and on vacation or he, or he tells me specifically toapprove them."

52 a i d he doesn't recall approving ITS but said, "I generally do it if I'm, unlessI'm gone so I'd have to look at th e schedule."

5 a s at work each day for th e previous three rotations (November ihthrough November 20th.)

54. The only d a a s gone during th e pay period in question was November. 25th.

55 w as at work each day of the following pay period except December gth.

56. O I a id that his plan, if an emergency occurred, was to cover th e calls with .th e remaining officers on duty.

57. When asked if he left O a plan in case of emergency, S ergean a id"They would quit and go back and dress down and go back to work."

58. During interview w o n g e dhis story and said he didn't recall speakingt a ~ b o u ta plan if something went wrong.

59. Prior to C o ~ n d e rLeibman's interview wit on 03/08/11 o ldSergeant t ha t he "Needed to find a rat."


18/149


19/149

RENTON POLICE DEPARTMENTInvestigation Report- Summary

CASE NO: C0-0211

Date Time Description

02/22/11 N/A Chief Milosevich assigned me C0-0211

03/07/11 13:00 I met with Officer and provided a copy of the complaint, the allegationsummary, and the Pre-interview Notification and Officer notifica tion forms. I setthe interview fo r 03/08/11 at 14:00 hours. I asked if he'd heard anything about thecomplaint prio r to our meeting, and he said no. I ordered him no t to talk to anyonebut the guild regarding the complaint until the interviews were complete.

03/07/11 13:10 I met with Office nd provided a copy of the complaint, the allegationsummary, and the Pre-interview Notification and Officer notification forms. I set

the interview fo r 03/08/11 at 14:45 hours. I asked if she'd heard anything aboutthe complaint prior to our meeting, and he said no. I ordered her not to talk toanyone bu t the guild regarding the complaint until the interviews were complete.

03/07/11 13:20 I met with Officer 1 nd provided a copy of the complaint, the allegationsummary, and the Pre-interview Notification and Officer notification forms. I setthe interview fo r 03/08/11 at 15:30 hours. I asked if he'd heard anything about thecomplaint prio r to our meeting, and he said no. I ordered him no t to talk toanyone bu t the guild regarding the complaint until the interviews were complete.

03/08/11 08:20 I met with Sergeant and provided a copy of the complaint, the allegationsummary, and the Pre-interview Notification and Officer notification forms; He wasunsure if he could do the meeting today, but said he would let me know. I asked ifhe'd heard anything about the complaint prior to our meeting, and he said thatCraig Sjolin had told him about it yesterday.

03/08/11 11:20 Sergeant l d me he would be able to make a 16:15 interview appointment.

03/08/11 14:07 I interviewed Officer Sergeant Sjolin was present. l d me thatSergeant had asked him to play in the game. He doesn't recall how long inadvance: asked him to play, but he didn't make the decision to play until

InvestigatorLeibman

perhaps the day before. said could come into work,11

play a little bit",then go back to work._ jsaidhe wanted to 11 SUpport his Sergeant. - -went to the station, changed into athletic clothes, atid drove to the stadium in hispersonal car. He did no t have any du ty gear with him. pu t himself out on

IDNumber

- - - - - - - - - - - - - - - - - - - - - - - -Page 1


20/149

RENTON POLICE DEPARTMENT

Investigation Repor t- Summary

CASE NO: C0-0211


portable,. but said he was no t duty ready or reachable by portable. didknow his squad was at minimum. He didn't know an officer wa s called in onovertime to cover the north. did fill ou t an d submit 12 hours of overtime.OIC :new he did this, and he believed Sergeant knew as well.-

03/08/11 14:44 I interviewed Officer Sergeant Sjolin wa s present. o l d me thatS e r g e a 'sked he r to play in th e game, "Maybe days" before th e game. Shebelieved sh e was chosen because in past years th e squad had played as ateam/squad. She thought that only on e person from last year's squad wasn'tplaying in this year's game. (because of an injury) She went to the station, changed

into athletic clothes, an d drove to the stadium with Officer She didn'thave any duty gear with her, and went out on "portable." Sh e said sh e was neither duty ready or reachable by portable. She was back in service at 10:25 hours. Sheknew he r squad was at minimum but didn't know someone had to be called in onovertime in th e North. that everyone knew sh e an d wereplaying in th e game, both north and south. did fill ou t and submit anovertime slip for 12 hours . She says sh e did so on he r ow n without prompting fromanyone else.

03/08/11 15:22 I interv iewed Officer Sergeant Sjolin was present. told me that he wasin charge of th e squad, and S e r g e a had authorized ne' toplay in th e Turkey bowl about two rotations prior. He did no t recall notifying th enorth en d supervisor, wh o he thought was Officer Blackard that the tw o would beplaying. He did recall Blackard being a't th e game. i d that in addition to

n d Officer Tolliver wanted to play, but he denied him b:cause hehad a minor pre-exist ing knee injury. He did no t t h i n and wereeither duty ready or reachable by portable once they were at th e stadium onportable. i d sign both nd overtime slips. He did no tbelieve he approved ITS. i d th e contingency plan was for th e on duty southsector officers to cover any calls that came up. After th e interview concluded,

"You know Dave, I just don't want to rock th e boat."

03/08/11 16:24 I interviewed Sergeant . Sergeant Sjolin was p re se n a id that he knewhis squad was at minimums. The first thing he said, without prompting, was that11 No one from th e north wanted to play."

InvestigatorLeibman

IDNumber

Page 2 o f l l


21/149


Investigation Report- Summary

CASE NO: C0-0211


InvestigatorLeibman

I asked i f n d 1sked to play, or he asked them. said he didn' tseek out and t o play, but that he asked them if they wanted to play.This was contradictory. H-ethen said he asked everyone if they wanted to play. Iasked if that included th e north end officers. answer was evasive and hewent off topic. I asked again. His answer was confused and evasive. I asked for athird time. At that point he conceded he did not ask th e north officers if theywanted to play. (pages two and three, interview 1}

He allow e and j "off, to go and participate in th e Turkey Bowl."

i dnot remember if he was aware that an officer was called in on overtime tocover th e north.

' cWhen asked how long prior to th e event he authorized n d to play, Ioffered him three choices on answers, "Days, weeks, or do you remember?" Hedidn't answer th e question, but instead talked about whether or not they'd beallowed to play depending on th e CFS circumstances. (page two interview 1}

Officer Tolliver wanted to play as well, but id not allow him play becauseTolliver was injured.

I a s k e is he l e a plan for what would happen when "the bad one hit,"said he planned on having th e officers quit th e game, dress down an d return

to work if a significant call came out. He conceded th e two were not duty ready,and that it would take app. 20 minutes for them to be able to respond to a call. Heoriginally said they would be reachable by radio but then conceded that were not.(page five interview 1}

_said he didn't recall if he signed n d. overtime slip. He said hegenerally would've approved ITS "unless I'm gone."

I asked, "Did you specifically tell r that they could put in for twelvehours of overtime that day? He replied, "I wouldn't have told them that. I toldthem to take time off." I pointed ou t this was different than what th e others toldme, and that he was specifically telling me he'd told them to take time off.

IDNumber ________________________Page 3 of 11


22/149


CASE NO: C0-0211


then said, "I t was a short conversation and I'm no t even sure who I had it with.don't know if I had it with one of them or both o f them. But I said if you want to gowe'll make it happen. If we want to play in the Turkey Bowl we'll make it happen."(pages five, six interview 1)

I asked, "Did you specifically tell them to take time off or not?" said, "Yes."(page six, interview 1)

I asked one last time, and he said that's the way he remembered it. He followed upby saying, "You know, it was a very short conversation and when I left the

conversations I assumed that they understood that if they were gone for 90minutes or an hour that they would take time off. Obviously that didn't getrelayed." (page seven, interview 1)

i d no t ask anyone higher in the chain of command fo r permission to use onduty people to play in the game because "i t was just a staffing decision I guess." Heequated allowing the officers to play on duty and drop below minimums.

i d n ' t know that n d put in fo r OT and failed to take time off.Had he caught it, he would've told them to change their time.

~ q u a t e dplaying off duty to other times we drop below minimums. When Iasked fo r a list of other appropriate circumstances we would work below, He said,"They're all duty related. They are training, it's warrant meets, it's things that take,it's what. Hospital visits, it's anything that takes officers away in an official capacity.(page eight, interview 1) h e n said, "I'm acknowledging that clearly there's adifference between what I, what I authorized and what general practices are."(page eight, interview 1)

p la ined he was no t looking at things from a readiness position, "Like youare." (page eight, interview 1) He went on to justify his decision process on pages

eight and 9, interv iew one.

03/09/11 NA Commander mentioned to me that Sergeant old him that Sergeant

InvestigatorLeibman

made a ~ m e n tjust before his interview that he was going to meet with me

IDNumber

Page 4 of 11


23/149


CASE NO: C0-0211


and "find a rat", or something to that extent. I'll follow-up at a later date.

03/10/11 12:54 I interviewed witness Officer( . 1 told me was OIC fo r squad lAN. Hesaid that no one ever offered him the oppor tuni ty to participate in the game onduty, and no one else on his squad had brought it to his attention if they had. Hethought the overtime slot that was filled was pre-planned, and that his squad wasat emergency. Neither Sergea ,,or O I t o l d him that members of theirsquad would be unavailable due to playing in the Turkey Bowl. He first found outwhen he dropped by the game and saw them playing. (page two, interview one)

h o u g h t this was unusual. and spoke to someone there who said the officers

had taken time off. Officer greed that having people of f in the south and no tbeing notified of that could've been problematic. (page two, interview one)

03/10/11 13:20 I spoke to Margie Schwarz in payroll regarding the ability to confirm who approvedITS fo r lAS over Thanksgiving. She suggested I contact the IT helpdesk.

NA Later in the C!fternoon, Young Yoon stopped in and said that Sherry Smith hadalready asked fo r the same thing and he was unable to retrieve the information dueto the way the approval process was set up.

03/10/11 NA I submitted interview to Sherry Smith fo r transcription. She finished andreturned it to me the same day.

03/10/11 15:55 I sent Sherry Smith recordings of and 1 or transcription.

03/12/11 11:52 I interviewed witness Sergeant . He said he recalled peoQ.Ie talking about theturkey bowl, but didn't recall anything specific about eithe or ever givinganyone onb_is squad the opportuni ty to play. He didn't recall details of callingOffice n on overtime. He didn't recall te l lin o r t h a the wasgoing to be at emergency, and didn't recall if Jr. old him that membersof his squad would be playing and unavailable.

03/12/11 12:15 I spoke to Officer nd explained that I needed tore-interview him, this timefo r additional allegations of truthfulness and insubordination. He told me hewanted to do the interview immediately, and didn't want a guild representative.

InvestigatorLeibman

~ b e r

Page 5 of 11


24/149


CASE NO: C0-0211


After. preparing th e questions, I interviewed him at 12:25 hours. He said that hedidn't recall specifically if th e people in th e north were offered th e chance to ~on duty, bu t that everyone of his squad was. (pi;lge 2, interview 2) S e rg e awas th e on e wh o g a -and 'permission to play, at least on e rotationbefore th e g a m was th e on e who made th e decision to pay n d

h e overtime. He just signed off on th e slips an d "Didn't think about it." Hewas "unsure" if S g t a saware they weren't taking time off to play and hadpu t in for overtime. When asked i 1asked him, orl or specificallyto take time off, he said, "Honestly, I don't recall that."

03/12/11 12:45 I spoke to Officers nd and explained that I needed tore-interviewthem both, bu t for additional allegations of truthfulness and insubord ination. I gavethem both th e Officer Notification forms, and set nterview for Monday th e14th at 13:00 and nterview for Monday th e 14th at 14:00 hours.

03/14/11 08:55 Office was th e officer called in for overtime on 1AN onThanksgiving. J gave him a pre-interview notification. We set our interview for th e15th at 13:00 hours.

03/14/11 10:16 I sent Sherry Smith th e recordings of Sergeant. and O f f i c

03/14/11 13:04 In interviewed O f f i Sergeant Sjolin was present. a i d th e northofficers were no t specifically asked to play on duty because th e south squad playedtogether last year. (Page 4, interview 2)

said, "I don't remember being told, being asked to pu t in a slip to take time off. That's my first thing. Had I remembered that I would've done it. Um, I cannot

recall that."

said no one told he r it was OK to pu t in for th e overtime. The squad pu t slipsin together. "So at that time, I probably should have said, wait a minute, huh, huh,

I'm going to play an d I shouldn't have done what everybody else did." Additionalinfo followed. (page 5 interview two)

When asked if pecifically told her to put in for time o f said, "I cannot

IDNumbernvestigatorLeibman

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Page 6 of 11


25/149

RENTON POliCE DEPARTMENTInvestigation Report- Summary

CASE NO: C0-0211


recall that. If, if I had, if I could remember him saying that I would have done it."When asked if she would normally remember a direct order that a sergeant gave,she said, "I can usually say that, that I do. 'I'm no t perfect, but I can usually say thatI do. I do usually recall what he asks me to do."

Sjolin asked a clarifying question: "I f he'd asked if he told you to fill out a slip, wouldyou have? aid, 11 Yeah, oh yeah." I followed up with , "Okay, so if he told you,you would have done it, you wouldn't have disobeyed him Yeah, oh no.

'(page 5 interv iew two)

Following the interview, stated that this was difficult because is also apersonal friend of hers. - ~03/14 /11 13:45 I interviewed Officer . Sergeant Sjolin was present. said he didn't

know if everyone on both squads was asked to play or not. There was no talk aboutit being OK to put in fo r the overtime ..they jus t filled out their slips that morningwithout talking about the game. I asked, "Did Sergeant ever specifically tel lyou _!hat you were to take time of f fo r the time that you played in the game?

: " I don't think he told me that, no." He went on to explain that hesometimes makes mistakes, but in the end again stated, "I don't think I was toldthat during that time to put one in." (pages three, four Interview two)

03/14/11 14:00 I sent Sherry Smith recordings of the interviews I had with andtoday.

03/14/11 16:15 I looked fo r Sergeant but he had left fo r the day. I phoned him on his personalphone. He said he had already left the building, and was taking a rotation off. Iasked if he would have any time to come in and talk to me before his next days on.He said he was flying out the next morning. I told him to call me if he could sparesome time before his next days on.

03/14/11 16:20 Sherry Smith gave me the transcriptions fo r Officers ( b o t hof them)

03/15/11

InvestigatorLeibman

(bo tho f them and Sergean _

NA Sherry Smith gave me transcripts fo r March 8th and 14th interviews.

IDNumber

Page 7 o f l l


26/149

RENTON POliCE DEPARTMENTInvestigation Report- Summary

CASE NO: C0-0211


03/15/11 13:00. OfficN couldn't make ou r meeting because he was deployed to the Fur

03/15/11

Exchange.

15:12 I interviewed witness Officer 1 He said maybe the day b e f o r ~

Thanksgiving, Sergeant asked him -if he-could work Thanksgiving.a l i z e d on duty people were playing in the Turkey Bowl when he

stopped by that day. He had a, "Huh" reaction. After the initial interview,:old me that he had been scheduled to play in th e game. We went back

on the record. said that he had arranged to play through his wife and

i f e ,and that he did n o t i 1e would play. He had at least cursorycontact with at th e game.

After th e recorder was turned off, 'said he wouldn't have consideredplaying in th e Turkey Bowl on duty, even though he had planned on playing it. Hementioner' an d his wife knew he was to have played.

03/15/11 17:15 Sent Sherry Smith recordings of., interviews for transcription.

03/16/11 NA C o m m a n sent me an email to let me know that he had talked to Sergeantabout S e r g e comment on the gth, and that Sgt. would

speak to me.

03/17/11 09:30 I spoke to Sergeant about th e comment he overheard. After he explainedth e context I requested an interview.

03/17/11 12:44 I interviewed S e r g e a 1 He told me he had a brief conversation withand after discussing th e possible date, he agreed it was probably March 8th, the day

InvestigatorLeibman

. of first interview.

a o m m e n t e don how: needed to be careful when giving

people time off. He wasn't sure what was referring to , bu t tood up a n ~said that he needed to se e Commander Leibman. As started to leave,said something to the affect that he, "Needed to find a rat." Wher askedwhat that meant, dismissed him and said he had to see Commander Leibman.

IDNumber,Page 8 of 11


27/149


CASE NO: C0-0211


03/17 n 1 17:00 I sent interview to Sherry Smith fo r transcription.

03/24/11 09:30 I received transcriptions fo r Sergean and Office::..:..r from SherrySmith. I also received amended statements from n as I discoveredsome typos and referred them back to Sherry fo r fixes.

03/24/11 09:30 I gave Sergeant tis pre-notification paperwork, and allegation summary. I setthe interview fo r 03/25/11 at 13:00. A short time later I spoke to Sergeant Sjolin,who said he might need to request another time due to personal conflicts.

03/24/11 12:15 I checked records fo r time of f slips fo r Hassinger, Merrill, and Barfield.Hassigner's was not available, so I phoned her to find out how far iri advance she'dput in fo r time off. She couldn't recall exactly, bu t thought it was "months",because her brother was due in from the military and she was concerned aboutgetting time of f over the holidays.

03/24/11 10:15 I spoke with_Qfficer and asked him if he'd had any specific conversationwith Sgt. egarding his missing the game due to overtime. He didn't believeso. I also showed him pictures from the game, and he identified himself in one ofthem.

03/24/11 NA Craig Sjolin asked if we could do the interview earlier. We agreed on 10:00 via email.

03/24/11 10:07 I re- interviewed Sergeant Sjolin was present.

InvestigatorLeibman

-

At f i r s said he didn't recall if he checked North staffing before the game. Henormally would have. He then went on to say he didn't check north staffing, andpresented a rambling explanation as to why. He then said he didn't know if hedidn't check the north ..and said he assumed any shortages would be

backfilled.(lnterview 2, page three and four)

i d he didn't recall whether or not he told or 1e intended tohave tw o people from his squad play the game.

IDNumber

Page 9 o f l l


28/149


Investigation Report- Summary

CASE NO: C0-0211

Date i ime Description

InvestigatorLeibman

said he did not recall being signed up to play the game, didn'trecall that .was unable to play th e game, and didn't recall if he saw

at the game.

While recapping what th e appearances were of th e events in this case, includingthat the other squad was at emergency, e r r u p t e d me, turned direction ofth e question to a different topic. I had to stop him and refocus th e interview.(Interview 2, page one and two)

m i t t e dhe didn't speak to or about staffing, became flustered,denied just saying it, then admitted he did .

I remindecGO's on each.

or TT Truthfulness and Q insubordination, and showed him th e

I specifically asked if he and had a conversation on what would happen ifsomething bad occurred during th e game. I reminded him he o r i g i n ~ ysaid his planwas to cleat ne and have then return to duty. Jlan wasdifferent. He said he thought th e original question was different (it wasn't,checking th e transcript. Interview 1, page4) He then said he didn't recallhaving a conversation with but described what a conversation would'vesounded like. -

said he didn't discuss his expectation or directive v y i o r orto take time off to play th e game. I asked if he wouldn't normally do that.

He didn't answer, but instead said he expecter: and o put in for thetime off.

did not recall who he told to put in for time off for th e game. He described indetail why he thought th e issue was due to misunderstanding. (see interview)

f e r r e d to the Core Values and how meaningful they were to him.

m i t t e d he, "May have said something about a rat a couple of times, but I

IDNumber

Page 10 of 11


29/149



CASE NO: C0-0211

don' t know." He then said i t didn't sound like something he would say. Then hesaid, "But I've made a rat reference at some point." He went on to explain what hemeant by the comment. (Interview 2, pages 13 and 14)

03/24/11 13:40 I sent the recording of interview to Sherry Smith fo r transcription.

03/31/11 NA I received the transcription o e r v i e w from Sherry Smith

04/01/11 14:00 I finished th e initial complaint and turned it over to DC Marsalisi.

04/05/11 NA DC Marsalisi had the week off. At his request, I retrieved the complaint folder fromhis office and brought it to his residence.

04/06/11 NA DC Marsalisi notified me that he reviewed the investigation and it was ready fo rpickup. I stopped by his residence and retrieved it.

04/12/11 14:25 I turned the investigation in to DC Marsalisi.

InvestigatorLeibman

IDNumber-Page 11 of 11


30/149

(



Investigator ID NumberLeibman

Page 12 of 11

CASE NO: C0-0211


31/149


32/149

II

March gth, 2011,

/


33/149

STATEMENT OF

OFFICER,

COMPLAINT NUMBER: C0-02-11INTERVIEWER: Commander David LeibmanLOCATION: Renton Police Department

DATE: March 8, 20111407

LEIBMAN:

LEIBMAN:

LEIBMAN:

SJOLIN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

I am commander Leibman interviewing Officer regarding acomplaint of Violation of 26.1.1 Code of Conduct, which is alleged to haveoccurred on November 25th, 2010. Officer do you understand that thisconversation is being recorded?

Yes, I do.

Officerinterview?

Yes.

o you wish to have a Guild representative present during this

Let the record reflect that officer- er Sergeant Sjolin is present. Pleaseacknowledge your presence by stating your name.

Sergeant Craig Sjolin.

Officer . prior to this interview you were given the opportunity to readthe complaint- were you given the opportunity to read the complaint of thisincident?

Yes.

Were you given the opportunity to consult with your Guild representative priorto this interview?

Yes.

Officer , I wish to advise you that you are being questioned as part of anofficial investigation of the Renton Police Department. You will be askedquestions specifically directed, and narrowly related to the performance of yourofficial duties or fitness fo r office. You are reminded that Section 26.1Insubordination and Truthfulness of the Renton Police Department GeneralOrders do apply in this matter and that you must truthfully respond. Any refusalto respond may result in disciplinary action as outlined in General Orders 26.1.You are entitled to the rights and privileges guaranteed by law and theConstitution of the United States including the right no t to be compelled toincriminate yourself. I further wish to advise you that if you refuse to testify or

{SS/H:PDADMIN:SHERRY:Complaints/C0-02-11- 1


34/149

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

STATEMENT OFOFFICER

answer questions relating to the performance of your official duties or fitnessfo r duty you will be subject to departmental charges which could result in yourdismissal from the Renton Police Department. If you do answer, neither yourstatements nor any information or evidence which is gained by reason of suchstatements can be used against you in any subsequent criminal proceeding.However, these statements may be used against you in relation to subsequentdepartmental charges. So I just need both you and Craig to sign at theappropriate places on that form.

So, on November 25th you participated in the Turkey Bowl while you were onduty. Could you explain to me how that happened.

Um, they were putting together their, I guess second annual Turkey Bowl. Um, Iplayed in it last year. Our squad was working that day. k e d f we would-

uh, Sgt . asically said you know you can, if you want to play for, come andplay that morning, ju st come to work, play a little bit and then, and then go backto work. So that's how it come about. It's uh, I like to support my sergeant asmuch as I can. He supports us all the time so um, that's kind of how it cameabout just supporting my sergeant, being with my uh, being with my peers.

Okay, so just to get some stuff into the record. Your duty hours were 0430 to1630 that day?

Yes.

Okay. I have the CAD printout and I can show if you want, but it showed thatyou went to the station at 0742. Does that sound about right that day?

Something like that because I think we started around eight or something.

Do you want to look at any of the stuff.

No, whatever the CAD says.

LEIBMAN: Okay.

LEIBMAN:

I put out whenever I was, whenever I was, um, gonna be away and I clearedwhen I was done.

Okay, so when you went to the station, uh what did you do once you were hereat 0742?

( S S / H : P D A D M I N : S H E R R Y : C o m p l a i n t s / C 0 ~ 0 2 - 1 1 2


35/149

STATEMENTOFOFFICER.

Uh, probably changed into the clothes I was gonna play in.

LEIBMAN: Okay. And what, what clothes were those?

Sweats. It was snow out , so I'm sure it was sweats and shirt stuff like that.

LEIBMAN: Okay, at that point, could you - I 'm sorry.

and gloves and whatever.

LEIBMAN: Okay, could you have responded to a, a, police call fo r service?

After I changed out?

LEIBMAN: Yeah.

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

No.

Did you drive your patrol car to the stadium?

No, I did not.

Your personal car?

Yes.

Okay. So did you have your vest and gun and radio with you at that point?

It was no t with me, no.

Okay. Um, on the CAD it said you were on portable. So, that, that normallymeans that an officer is duty ready and reachable by radio so in your opinion Iguess would you say that you were duty ready?

No, I didn't have my (interrupted)

Were you reachable by portable?

No. No.

Okay. Were there any other on duty officers present that were no t in fulluniform besides you?

(SS/H:PDADMIN:SHERRY:Complaints/C0-02-11 3


36/149

LEIBMAN:

STATEMENT OF

OFFICER.

Just uh

The CAD shows that you cleared at uh 1015. Is that the time that you were backin uniform?

I believe so, yes.

LEIBMAN: And did you ask S g t - t h e n to play in the Turkey Bowl, or did he come to you

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

and ask you?

Um, sheesh. I think playing came up and I had to work, said you can come andplay a little bit.

Do you know ho w far in - I 'm sorry.

And say just go play and come back, come back to work you know.

How, ho w long before the Turkey Bowl did you guys have that discussion?

I don't, that I don' t remember. I mean, I was, I wasn't gain to play up untilprobably like a, the evening of, cause I think, cause nd I rode togetherthat morning, and I was like, I wasn't, made the decision at th e last minute that Iwould play so it wasn' t planned out, planned out. Cause I wasn't goingto

play allth e

way up until the night before.

Okay, so I guess, I'm jus t trying to figure ou t when, when Sgt. - a s k e d you,like a day or two ahead of maybe a week or I mean, what would you estimate?

Gosh I'm not really sure, I mean within a week or couple days, I don't, Ireally don't recall how long, how far apart that was.

Did you know your squad was at minimum on that day?

We had uh, trying to think of who I saw down there. I know t h a t -

Well, I'm sorry, let me ask you an easier way. Your squad was at minimum thatday. I guess th e question is did you know that at th e prior, at the time you went

down to th e game?

I knew we were down tw o officers so yeah I guess we were, I knew we were atminimum.

(55/H:PDADMIN:5HERRY:Complai 4


37/149

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

, STATEMENT OF

F ~ I C E R

Did you know that an officer had to be called in on overtime to cover the uh 1Anorth that day?

1A North?

Yeah, the other side?

No.

Okay. Did you have a discussion with any of the department members aboutcovering staffing while you were at the game?

No.

Did you fill ou t and submit an overtime slip fo r 12 hours of holiday that day?

Yes.

Did anyone tell you to submit your uh full12 hours of overtime, or did you dothat without having any discussion with anybody?

I mean, we handed them ou t at briefing so, they were handed ou t at briefing soeverybody just filled it ou t there.

I guess to the point, uh so OIC , . new that you were going to have 12 hoursof holiday that day?Yes.

Okay. Did S e r g e a n t - n o w ?

I would assume so yes.

Uh, that's the only questions I have fo r you, so if you have anything that youwant to add or clarify or anything else.

Um, just I mean I wouldn't blatantly break any rules if I you know if I'm not goingto lose my you know, the potential of losing a job. Like I say I've never been onthis end of one um bu t you know there was nothing I felt blatant um so I youknow I tr y to be as professional and, as, as anyone so um if I offended someone,obviously I broke a rule, whatever, I do apologize. It's something I'll learn from

(SS/H:PDADMIN:SHERRY:Complaints/C0-02-U 5


38/149

LEIBMAN:

SJOLIN:

LEIBMAN:

STATEMENT OFOFFICER

and I'm pretty sure it won't happen again. Um, I'll ei ther just take leave uhcause if, i t uh, if my sergeant's still going to put that every, every Thanksgiving,I'll, I'll just tr y and take leave off, like I said, I still like to support him so uh I justgo about it the right way next time.

Okay. Do you have anything else?

No.

I hope we've covered it.

That concludes this interview on uh March st\ 2010 at 1416 hours.

{SS/H:PDADMIN:SHERRY:Complaints/C0-02-11-, 6


39/149

March 14th, 2011

' ,' . - j -


40/149

STATEMENT OF

OFFICER


DATE: March 14, 20111345

LEIBMAN:

LEIBMAN:

LEIBMAN:

SJOLIN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

I am commander Leibman inte rviewing Officer regarding acomplaint of Violation of 26.1.1 Code of Conduct, which is alleged to haveoccurred on March 8th, 2010 at approximately uh 1407 hours. Officerdo you, you understand that this conversation is being recorded?

Yes.

Officerinterview?

Yes.

o you wish to have a Guild representative present during th e

Let th e record reflect that Sergeant Sjolin is present. Please acknowledge yourpresence by stating your name.

Craig Sjolin.

Officer , prior to this interview you were given th e opportunity to readthe complaint- were you given th e opportunity to read the complaint of thisincident?

The original complaint? Or the-

Yeah, and then th e other one, remember I gave you it just showed th e new allo-yeah, the TT and th e Q.

Were you given th e opportunity to consult with your Guild representative priorto this interview?

Yes.

Officer $ , I wish to advise you that you are being questioned as part of anofficial investigation of th e Renton Police Department. You will be askedquestions specifically directed, and narrowly related to the performance .of yourofficial duties or fitness fo r office. You are reminded that Section 26.1Insubordination and Truthfulness of th e Renton Police Department General



41/149

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

STATEMENTOFOFFICER.

Orders do. apply in this matter and that you must truthfully respond. Any refusalto respond may result in disciplinary action as outlined in General Orders 26.1.You are entitled to the rights and privileges guaranteed by law and theConstitu.tion of the United States including the right not to be compelled toincriminate yourself. I further wish to advise you that if.you refuse to testify oranswer questions relating to the performance of your official duties or fitnessfo r duty you will be subject to departmental charges which could result in thedismissal- in your dismissal from the Renton Police Department. 1f you doanswer, nei ther your statements nor any information or evidence which isgained by reason of such statements can be used against you in any subsequentcriminal proceeding. However, these statements may be used against you inrelationto subsequent departmental charges. So if I could get both you andCraig to sign on the appropriate spots.

O k a y - aside from your guild rep have you talked to anyone about thisinvestigation since our last interview?

No.

Uh did you have any discussion with your guild rep about the testimony of anyof the other people that are part of this uh investigation.

No.

Okay. Um some specific questions fo r you. So specifically, were all officersworking on Thanksgiving, both north and south offered the same opportunity toplay in the Turkey Bowl on duty?

I don't know. I'm no t sure about that.

Uh, do you know of any north sector officers that were asked to play at all?

I do no t know.

Okay, and actually, yeah, I'm sorry, I jus t realized you're nodding your. head somake sure you speak loud enough. Okay.

Okay, all right.

Who told you that you could play the Turkey Bowl on duty and put in fo r straighttime and over time pay?

(SS/H:PDADMIN:SHERRV:Complaints/C0-02-11 2


42/149

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

STATEMENT OFOFFICER,

Told me I can- w e l l . t o l d me I could play. There was no talk about, well wegot ou r sheets that morning fo r our, our straight and, our straight time orwhatever we have to normally put um so we just filled that ou t in the mornings,in the morning, but there was no talk about the game and then the conversationabout the, the time to put in, I don't think.

Okay. I'm going to" move this just a little closer to you.

Yeah, I can come closer.

You're good. Did S e rg e a n t ever specifically tell you that you were to taketime of f fo r the time that you played in the game?

I don't think he told me that, no.

Okay, if, if, if the sergeant would have given you an order like that not to put info r time uh in those circumstances would you probably have remembered that?

.I f he would have given me an order no t to put in time?

Right. In other words I guess let me rephrase that a different way so you saidthat you don't recall that S e rg e a n t - e v e r told you that you should have putin fo r time off fo r during that time right?

Right.

I mean, do you think if a sergeant gave you an order like that, that's somethingthat you would probably remember?

Normally, I mean, but I've, there's been times I've gotten stuff back for notputting in leave slips, I mean, but yeah, I mean I'm thinking I would haveremembered to put in my leave but I mean like I said I haven't, I've gottenemails back from Sherry before about you didn't put this in, pu t that in so.

Okay, so you don't, you don't remember receiving a directive or order like that.

I don't remember receiving that no.

Okay, Uh, that's alii have. Do you have anything that you want to add?

(SS/H:PDADMIN:SHERRY:Complaints/C0-02-11- 3


43/149

LEIBMAN:

LEIBMAN:

OFFICER

Um, no, I mean other than the fact that I, like I say there's been times where Imay have missed putt ing something in, er I mean we're no t perfect but, I don'tthink I was told that during that time to pu t one in so -

Okay, very good. Craig anything fo r you?

No, we covered it.

Okay, that concludes this interview of Officer1350 hours.

on 3/14/11 at uh

4


44/149

Documents


45/149

RENTON POLICE DEPARTMENTINTERNAL AFFAIRS

ACCUSED OFFICER ADMONITION

C0-0211Complaint Number

Today's date is March 14th 2011 at ( ~q hours. I amCommander Leibman interviewing Officer . regarding a complaint of violationof26.1.1, Code of Conduct, which is alleged to have occurred on March gth 2010 at app. 14:07hours.

Officer

Officer i(YesorNo)

do you understand that this conversation is being tape recorded? (Yes or No)

, do you wish to have a Guild Representative present during this interview?

Let the record reflect that ________________ s present. Pleaseacknowledge your presence by stating your name. (Stating ofName)

Officer to this interview, were you given the opportunity to read the complaint ofthis incident? (Yes or No) Were you given an opportunity to consult with your GuildRepresentative prior to this interview? (Yes or No)

I wish to advise you that you are being questioned as part of an officialinvestigation of the Renton Police Department. You will be asked questions specifically directedand 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 PoliceDepartment General Orders do apply in this matter and that you must truthfully respond. Anyrefusal 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 theUnited 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 theperformance of your official duties or fitness for duty, you will be subject to departmentalcharges 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.

However, these statements may be used against you in relation to subsequent departmental charges.

/, / ( ' ) _ ( . , , . ) , ~~ ~L6arrd Representative


46/149


OFFICER NOTIFICATION

. C0-0211Complaint Number

Officer per Article 15, Section B of the Commissioned I N on-Commissioned Contract,I am notifying you that a formal investigation is being conducted in which you are considered a:

X Subject

Witness- --

The allegations of the investigation include the following violations of the General Orders of theRenton Police Department:

26.1.1 II.TT

26.1.1 II.Q

I f you are considered a suspect in this investigation, you have the right to Guild representation atthe time of the interview.

I have scheduled the interview for 03/14/11 at 14:00 hours.

If you have any questions, let me know.


47/149


PRE-INTERVIEW NOTIFICATION


Officer , per Article 15, Section B of the Commissioned /Non-Commissioned Contract,I am advising you that:

1. The alleged complaint does I does not involve criminal activity.2. The alleged complaint does constitute misconduct that would be grounds for termination,

suspension, or other disciplinary action.3. The alleged complaint i f proven, may affect your ability for continued employment with

the Department.4. I am in charge of the investigation.5. I will be conducting the interview.


48/149


OFFICER NOTIFICATION


Officer 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:

X Subject

Witness- --

The allegations ofthe investigation include the following violations of the General Orders of theRenton Police Department:

26.1.1 II.A

26.1.1 II.E

26.1.1 II.F

26.1.1 II.I

26.1.1 ILK

I f you are considered a s u s p ~ c tin this investigation, you have the right to Guild representation atthe time of the interview.

I have scheduled the interview for 03/08/11 at 14:00 hours.

I f you have any questions, let me know.

Assigned Investigator


49/149


PRE-INTERVIEW NOTIFICATION


Officer per Article 15, Section B of the Commissioned IN on-Commissioned Contract,I am advising you that:

1. The alleged complaint does I does not involve criminal activity.2. The alleged complaint does constitute misconduct that would be grounds for termination,

suspension, or other disciplinary action.3. The alleged complaint i f proven, may affect your ability for continued employment with

the Department.4. I am in charge of the investigation.5. I will be conducting the interview.


50/149


ACCUSED OFFICER ADMONITION

Today's date is March 8th 2011 at / ; D]hours. I am


Commander Leibman interviewing Officer 1 regarding a complaint of violationof26.1.1, Code of Conduct, which is alleged to have occurred on November 25th 2010.

Officer

Officer(Yes or No)

do you understand that this conversation is being tape recorded? C ~ v o rNo)do you wish to have a Guild Representative present during this interview?

Let the record reflect that C1./&JJ 0 /N is present. Pleaseacknowledge your presence by stating your name. (Stating ofName)

Officer l, prior to this interview, wereyou given the opportunity to read the complaint of

this incident? (Yes or No) Were you given an opportunity to consult with your GuildRepresentative prior to this interview? (Yes or No)

Officer I wish to advise you that you are being questioned as part of an officialinvestigation of the Renton Police Department. You will be asked questions specifically directedand 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 PoliceDepartment General Orders do apply in this matter and that you must truthfully respond. Anyrefusal 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 theUnited 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 theperformance of your official duties or fitness for duty, you will be subject to departmentalcharges 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 byreason of such statements can be used against you in any subsequent criminal proceeding.However, these stBtements mav be used against you in relation to subsequent departmental charges.


51/149


52/149

March 8th, 2011

\

. \ ~ .


53/149

STATEMENTOFFICER_

COMPLAINT NUMBER: C0-02-11INTERVIEWER: Commander David LeibmanLOCATION: Renton Police D e p ~ r t m e n t

DATE: March 8, 20111444

LEIBMAN:

LEIBMAN:

LEIBMAN:

SJOLIN:

LEIBMAN:

LEIBMAN:

I am commander Leibman interv iewing Officer regarding acomplaint of Violation of 26.1.1 Code of Conduct/ which is alleged to haveoccurred on November 25th/ 2010. Office do you understand that thisconversation is being recorded?

Yes.

Officeinterview?

Yes.


Let the record reflect that Sergeant Sjolin is present. Please acknowledge yourpresence by stating your name.

Sergeant Craig Sjolin.

Offi prior to this .interview you were given the opportunity to read thecomplaint- were you given the opportunity to read the complaint of thisincident?

Yes.


Yes.

LEIBMAN: Officer I wish to advise you that you are being questioned as part of anofficial investigation of the Renton Police Department. You will be asked questions specifically directed/ and narrowly related to the performance of yourofficial duties or fitness fo r office. You are reminded that Section 26.1Insubordination and Truthfulness ofthe Renton Police Department GeneralOrders do apply in this matter and that you must truthfully respond. Any refusalto respond may resl!lt in disciplinary action as outlined in General Orders 26.1.You are entitled to all the rights and privileges guaranteed by law and theConstitution 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

{SS/H:PDADMIN:SHERRY:Complaints/C0-02-1 1


54/149

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

aLEIBMAN:

STATEMENT OFOFFICER

testify or answer questions relating to the performance of your official duties orfitness fo r duty you will be subject to departmental charges which would resultin your dismissal from the Renton Police Department. If you do answer, neitheryour statements no r any information or evidence which is gained by reason ofsuch statements can be used against you in any subsequent criminal proceeding.However, these statements may be used against you in relation to subsequentdepartmental charges. So I just need you both to sign on the line.

Okay so, I've already talked to, to um and no w it's your turn. And uh, soon N o v e m b ~ r25th 2010, you participated in the Turkey Bowl while you were onduty. Please explain to me how this occurred. How it came to pass.

I came to work. I put work ou t clothes on. I played football, and' l went back towork. Is that what you 're asking?

Yeah, sure. Okay.

Okay.

Um, so your duty hours that day were 0430 to 1630?

Correct.

Okay. Um, the CAD shows that you went out at the station at 0742. Does that

sound about right. I can show you the CAD if you want.

Yeah, it's probably right.

And what did you do at the station at that time?

Probably changed my clothes.

And what type of clothes did you change in to?

Athletic gear of some sort?

The CAD showed you at portable at 400 Logan South at 0821. Did you driveyour patrol car to the stadium?

No.

Okay, how did you get there?



55/149

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

STATEMENT OFOFFICER.

I rode in - car with him.

Okay. Did you have any of your police equipment with you, vest, g u n -

No.

None of that stuff. Um, you showed on portable and that generally means thatan officer is duty ready and reachable by radio. In your opinion were you readfo r duty?

No.

Could you have been reached on portable?

Uh, no.

Were there any other on duty officers present that were no t in full uniform?

Officer there?

LEIBMAN: Yeah.

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

Besides him?

No, just was you and him?

Yes.

Okay, the CAD shows you clear at 1025. Is that the time that you were back inuniform and in your car?

I would guesstimate.

Did you ask to play in the Turkey Bowl or did someone ask you to play in th eTurkey Bowl?

Um, I was asked to play in th e Turkey Bowl.

By whom?

Sgt.

(55/H:PDADMIN:5HERRY:Complaints/C0-02- 3


56/149

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

STATEMENT OFOFFICER

And about how long before the Turkey Bowl did he ask you to do that?

I don't know.

Would you say it was a matter, welt we'll keep it simple, hours, days, or weeks?

Maybe days, I don't know.

What was the, was there a specific reason why he asked you over anybody else.

No, I think that we had played, we had played the year before and it was, wehad a really good time and we had played as a squad and the whole squadplayed the year before and the families came and it was a really good team

building experience and we had a good time and urn we're all kind of athletesand we're competitive and it was kind of a whole camaraderie thing and urn Ithink we just kind of wanted to carry on trad ition. I think it was that kind of athing. I mean it wasn' t -

Were there other people on the squad thought that didn't get to play that uh\

that were there from years before?

Urn, no t that had played, well, there was an injury that kept another person thatwould have played that could have played that would have played had they no t

had an injury that would have played yeah, if it makes sense.

Got it.

Other than that, the people that weren't on the squad. _ _ _ weren't there.Uh, your squad on the 25th was at minimum. Did you know that?

Yeah, I believe tha t, yeah.

Did you know that an officer had to be called in on overtime to cover a shortageon the other side on the north sector?

I'm sorry yes?

Yes.



57/149

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

SJOLIN:

LEIBMAN:

SJOLIN:

LEIBMAN:

SJOLIN:

SJOLIN:

LEIBMAN:

STATEMENT OFOFFICER.

Okay. Did you have a discussion with any other department member aboutcovering staffing while you were at the game?

Um, everybody knew that we were going to play. I mean that was a, it wastalked abou t that we were going to play, yeah.

Do you know if people on the north sector were advised of that as well?

I'm no t sure. There were patrol officers at the field. I mean, they, they knew wewere there. They did go and watch so.

On duty officers?

Yeah. North and South. So I mean it was, it wasn't like it was a secret that itwas-

I'm glad to see you guys could be on the same field at the same time.

Could I ask a clarifying question could we back up a question.

You bet.

Two questions, just so that I have it, um, it had to do with when she knew about,what was the question after, um did she know we were at minimum?

Were you aware that an officer, something to the affect, that were you awarean officer was uh was called in on overtime to cover (interrupted).

Yes.

I don't, I don't remember I don't remember-

Do you know- do you remember that from the time or closer to now? At thetime of t h e -

I, the only reason honestly that I remember is because I read it on the paperyesterday. I don't remember that as of right now until I read it on the formyesterday.

Okay, Okay.



58/149

SJOLIN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

STATEMENT OFOFFICER

I don't remember that, bu t I read it yesterday on the form, so it's the onlyreason I can say yes today.

That was my clarifying question.

Uh, did you fill ou t and submit an overtime slip fo r 12 hours of holiday?

Yes.

Did you have a discussion with anybody about putting in for that overtime or didyou just do it arbitrarily without any discussion with anyone?

I don't remember if we, sometimes we do it in um briefing as a squad to makesure we fill it ou t correctly because of the codes and whatever. I don't

remember if that was one of the ones that we did in briefing as a squad or not.don't remember.

Do you remember if anyone specifically told you to go ahead and pu t in for alltwelve hours?

I don't remember.

Okay, I guess what I'm getting at is that you put in fo r 12 hours of overtime.

Yes.

So, uh beings that you weren't actually in on duty per se.

Yes, I see what you're saying.

Was that something that somebody told you to do or is that something that youjust went ahead and did on your own.

I just put in fo r 12 hours.

Okay. That's it, that's alii had. Do you have any other, do you have anyquestions, anything you want to clarify?

Um, I've never done anything like this, so I don't really understand the process.I've um never gotten in trouble, ever in my life in a job. Um, my intention withthis whole procedure and this whole incident was no t to do anything wrong.Had I know {I'm going to get emotional).

(SS/H:PDADMIN:SHERRY:Complaints/C0-02-1 ' 6


59/149

LEIBMAN:

STATEMENTOFOFFICER

That's okay.

Had I known it was something that would go this far, I would have never done itand to play a football game that would affect my career fo r something so minorand stupid to be sitting in front of you and to be embarrassed. I would havenever done it and it never should have gone this fa r in th e first place. Had I haveknown, I would have never have done it.

LEIBMAN: Okay, understood.

SJOLIN: Can I add something as well. When and I had spoke earlier when she came fo r representation, one of the things that I thought was very telling from

her pa rt was is that uh you know she really thought this was a team building

event. Um and if she had any better understanding like she, the clarity that shehas now, she would have pu t in for that time and, and I think like she'sexplaining now, like she explained to me earlier, she's embarrassed by this.

LEIBMAN: Okay. Very well, anything else. Okay, that concludes this interview on Marchgth, 2011 at 1454 hours.

(SS/H:PDADMIN:SHERRY:Complai 7


60/149

March 14th, 2011


61/149

STATEMENT OFOFFICER


DATE: March 14, 20111304

LEIBMAN:

LEIBMAN:

LEIBMAN:

SJOLIN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

I am commander Leibman interviewing Officer regarding acomplaint of Violation of 26.1.1 Code of Conduct, which is alleged to haveoccurred on March 8th, 2011 at approximately 1444. Officer do youunderstand that this conversation is being recorded?

,Yes.

Offi

interview?

Yes.


Let the record reflect that Sergeant Craig Sjolin is present. Please acknowledgeyour presence by stating your name.

Craig Sjolin.

O f f i c e r . , prior to this interview were you given the opportunity to read acomplaint of this incident?

Yes.


Yes.

O f f i c e r - I wish to advise you that you are being questioned as part of anofficial investigation of the Renton Police Department. You will be askedquestions specifically directed, and narrowly related to the performance of yourofficial duties or fitness fo r office. You are reminded that Section 26.1Insubordination and Truthfulness of the Renton Police Department GeneralOrders do apply in this matter and that you must truthfully respond. Any refusalto respond may result in disciplinary action as outlined in General OrdersSection 26.1. You are entitled to all the rights and privileges guaranteed by the- b y law and the Constitution of the United States including the right not to becompelled to incriminate yourself. I further wish to further to advise you that ifyou refuse to testify or answer questions relating to the performance of your

(SS/H:PDADMIN:SHERRY:Complaints/C0-02-11- 1


62/149

SJOLIN:

LEIBMAN:

SJOLIN:

LEIBMAN:

SJOLIN:

LEIBMAN:

SJOLIN:

LEIBMAN:

LEIBMAN:

STATEMENT OFOFFICER

- - : ; ; ~ -""- ~ ~ ~ " " "~ - - - - - - ~ ~ '- ~ "' '

official duties or fitness fo r duty you will be subject to departmental chargeswhich would result in your dismissal from the Renton Police Department. If youdo answer, neither your statements no r any information or evidence which is

gained by reasonof

such statementscan

be used against you in any subsequentcrimina l proceeding. However, these statements may be used against you inrelation to subsequent departmental charges. Okay, you and Craig to sign there.

I have a procedural question to ask.

Ask away.

So, it was alleged to have occurred on March th e gth which was ou r lastinterview.

Yes.

So is there a different violation that ~ h e ' sbeing asked of today?

Yes.

Okay.

Yes, this has to do with, remember the paperwork I gave you the other day?

Yes.

I told you it was fo r TT Truthfulness-

Yes.

LEIBMAN: And I think U. Insubordination?

LEIBMAN:

SJOLIN:

LEIBMAN:

Okay.

So yes, this is different.

Yeah, okay.

Okay, I didn't see that paper, that's why 1 -

Ahh, Okay. Urn, so aside from your Guild rep, have you talked to anyone aboutthis investigation since ou r last interview?

(SS/H:PDADMIN:SHERRY:Compla 2


63/149

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

. STATEMENT OFOFFICER

No.

Did you have a discussion wi th your Guild rep about the testimony of anyoneelse involved in this investigation from the 8th?

Repeat the question one more time.

Did you have a discussion, and you can answer this too of course. Did you havea discussion with your guild rep about the testimony of anyone else involved inthis investigation?

' No.

Okay. Urn, specifically, I'm going to tr y to narrow things down from last time.

Yeah, yeah.

Specifically were all officers working on Thanksgiving, both north and south,offered the opportunity to play in the Turkey Bowl on duty?

Yes.

Okay. Uh, so do you know if any north sector officers by name then that were

asked to play?

Well, I know that um I think a department wide email was pu t ou t initial ly askinganybody to play. And then, you know jus t by being around each other and beingon the squad and talking um and hyping it up because we had so much fun theyear before um just in discussion we talked about who was going to play thisyear. You know, are you playing, are you no t playing, what's going on, you goingto play, that type of thing. Then it was discussed you know whether you'regoing to be playing this year. So t ~ a t ' sho w it became, are you actually going toplay because we weren't taking the day off fo r Thanksgiving, stuff like that .That's ho w we determined, you know, where you going to play because youwere coming to work.

Okay. I'm sorry, go ahead.

Do you want to read it one more time so I can clarify that you were going totrying to get me more specific.



64/149

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

LEIBMAN:

STATEMENTOFOFFICER

Sure, I think you got it, but u m -

Did I answer it?

Well, do you know, do you know of any north sector officers that were asked toplay?

No um, and I think to add on to that in the last investigation you asked me umone of the questions, why the south- because last year we had the day of f andour, our um squad is a really tight squad and we had a really good time and soone of the questions you're asking me, why was it such a big deal- we had agood time and as a squad we really wanted to play again together this year so,um, no one from the north was on our squad, so no one specifically was askedbecause they were no t on our squad, so. Not specifically asked because of that.

Okay. Uh, who told you that you could play the Turkey Bowl on duty and pu t info r straight time and overtime pay?

Who told me that?

Who told you that that was okay?

I don't think I was ever told that. I don't think I was ever told.

I guess why then would you go ahead and do that versus think perhaps thatmaybe you shouldn 't do it? What was the tipping point in that decision making.Was there any inside or outside influence at all that led you to believe that uh,that was the appropriate course of action?

It's kind of, it's kind of hard to say it's been a long time to kind of rememberhow, how this whole conversation went and how it became. Um, the first thingis I don't remember being told, being asked to pu t in a slip to take time off.That's my first thing. Had I remembered that I would have done it. Um, I cannotrecall thaf. Um, can you read it to me one more time.

Sure. Who told you that you could play the Turkey Bowl on duty and put in fo rstraight time and overtime pay?

Now the only other thing that I can think of when I think I've talked about thisbefore too is that in our briefing we did a slip together as a whole because the,the doubletime, the holiday is confusing as fo r what code is whatever. So wedid it as a whole, as a group, as a squad in briefing. So we all did it at the same



65/149

LEIBMAN:

LEIBMAN:

LEIBMAN:

SJOLIN:

SJOLIN:

LEIBMAN:

LEIBMAN:

STATEMENTOFOFFICER

time, all did the code at the same time, turned it in at the same time. So at thattime I probably should have said, wait a minute, huh, huh, I'm going to play and Ishouldn' t have done what everybody else did. But, mistake on my part, I shouldhave been the one, regardless of if I was asked or not to change i t and to do adifferent slip, but like I said, and, a n d , . h a d taken the day of f that day s o -was in the briefing with me. I put in just like everybody else did. Um, so it's notlike we filled our slips out alone, separate, we did it in the briefing room justbecause the code is so different. It's always confusing fo r everybody becausewe only do it a couple tinie a year, so um, that could have contributed as to whyyou know another reason why I didn't do it right away, bu t I wasn't ever toldthat it was okay per se, like oh it's okay, don't worry about. It wasn't, itwasn't ever told to me like that, nor was it ever told , put your slip in, cause if mySergeant told me to put my slip in, I would have pu t my slip in.

Okay, um, Did Sergeant ever specifically tel l you th

Date post:	03-Apr-2018
Category:	Documents
Upload:	kelli-levi
View:	224 times
Download:	0 times