UPDATE!!!

I would think by now that Mayor Condon has answered the questions presented to him by the City Council regarding the Jim McDevitt position. I hope the City Council will make his answers public so I don’t have to do yet another PRR. I’m willing to bet the Mayor will have said he can bypass the City Charter and everything else at any time to make a temporary crony appointment. Any bets?

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I have learned from sources that the Spokane City Council has apparently been paying attention to my Blog as they will be confronting Mayor Condon with some of the questions I have brought up here. Unless the City Council puts the brakes on this very transparent move it will cost us and reform of the SPD BIG TIME.

 

Mayor Condon will be confronted with questions like these regarding his naming of McDevitt as Director of Law Enforcement.

 

1) State Law, RCW 35.21.333, establishes what is required of a Police Chief in a city with a population over 1,000 since Jim McDevitt does not meet the requirement to be a Chief of Police for Spokane what do we do if it takes longer than four months to hire a permanent Chief of Police?

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RCW 35.21.333

Chief of police or marshal—Eligibility requirements.

(1) A person seeking appointment to the office of chief of police or marshal, of a city or town, including a code city, with a population in excess of one thousand, is ineligible unless that person:

(a) Is a citizen of the United States of America;

(b) Has obtained a high school diploma or high school equivalency certificate as provided in RCW 28B.50.536;

(c) Has not been convicted under the laws of this state, another state, or the United States of a felony;

(d) Has not been convicted of a gross misdemeanor or any crime involving moral turpitude within five years of the date of application;

(e) Has received at least a general discharge under honorable conditions from any branch of the armed services for any military service if the person was in the military service;

(f) Has completed at least two years of regular, uninterrupted, full-time commissioned law enforcement employment involving enforcement responsibilities with a government law enforcement agency; and

(g) The person has been certified as a regular and commissioned enforcement officer through compliance with this state’s basic training requirement or equivalency.

(2) A person seeking appointment to the office of chief of police or marshal, of a city or town, including a code city, with a population of one thousand or less, is ineligible unless that person conforms with the requirements of subsection (1) (a) through (e) of this section. A person so appointed as chief of police or marshal must successfully complete the state’s basic training requirement or equivalency within nine months after such appointment, unless an extension has been granted by the criminal justice training commission.

(3) A person seeking appointment to the office of chief of police or marshal shall provide a sworn statement under penalty of perjury to the appointing authority stating that the person meets the requirements of this section.

[2013 c 39 § 17; 1987 c 339 § 4.]

 

NOTES:

Intent—1987 c 339: “The intent of this act is to require certain qualifications for candidates for the office of chief of police or marshal, which position in whole or in part oversees law enforcement personnel or activities for a city or town.

The legislature finds that over the past century the field of law enforcement has become increasingly complex and many new techniques and resources have evolved both socially and technically. In addition the ever-changing requirements of law, both constitutional and statutory provisions protecting the individual and imposing responsibilities and legal liabilities of law enforcement officers and the government of which they represent, require an increased level of training and experience in the field of law enforcement.

The legislature, therefore finds that minimum requirements are reasonable and necessary to seek and hold the offices or office of chief of police or marshal, and that such requirements are in the public interest.” [1987 c 339 § 3.]

 

http://app.leg.wa.gov/rcw/default.aspx?cite=35.21.333

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2) Won’t it be necessary to also have an acting or interim Chief of Police along with the position you are creating?

 

3) How will this position fit into the organizational structure of the Police Division is there an organization chart available showing where this position will fit into the chain of command?

 

4) Since Spokane Municipal Code 03.10.010 requires the head of the Police Division to be a Police Chief, would we not be in violation of the Code or do you intend to request a change in the SMC?

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Title 03 Administration and Personnel

Chapter 03.10 Police Division

Section 03.10.010 Police

1. The chief of police heads the police division and the police volunteer force, and regulates the extra-duty employment of officers in private security.
2. The police division is the primary law enforcement agency of the City with investigative, arrest and incidental powers over violations of federal, state and municipal laws, both criminal and traffic. In addition to patrol, surveillance, investigation and crime prevention education, division personnel perform administrative, communications, community relations, planning, records maintenance and training functions.
   1. The chief of the police division administers the Spokane police department and the police reserve force and has the authority to make rules and issue orders for the proper functioning of the division, consistent with law, council policy and the rules of the civil service commission.
   2. The commissioned members of the police division are, and have all the rights and authority conferred, by law, on law enforcement officers, peace officers and constables.
   3. Specifically, but without limitation, members of the police division have the duty and the power to investigate and arrest in connection with suspected violations of any law of the City, the State of Washington or the United States; to serve the process, writs and warrants of municipal court; and to enforce all orders issued in cases of emergency, including the establishment of cordon lines.
   4. Upon the retirement of a member of the police division, the mayor is authorized and is directed to deliver over to such retiring officer, to become the officer’s personal property, the pistol which, as a part of his service equipment, has been previously given over into the officer’s custody; that such pistol shall, by such delivery, be considered an added extra compensation for his services to the City and, upon such delivery, shall become the personal property of such officer. This provision shall have continuing effect from year to year, and shall be considered a part of each and every annual appropriation ordinance to be made hereafter.
   5. The division’s noncommissioned employees are in many cases classified as specialists by virtue of the City’s civil service classification system. Noncommissioned police employees are required to receive specialized training and certification from the State of Washington depending upon their assignments. They also work in shifts and are held to the same standards of on-duty conduct as commissioned police officers.

Date Passed: Monday, April 8, 2013

Effective Date: Wednesday, May 22, 2013

ORD C34965 Section 1

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5) What authority will this position have will Jim McDevitt be able to hire and fire civil service and exempt police division employees?

6) Is there a specific job description for this position?

7) SMC 07.09.010 requires that any new positions created must be approved by council, is this new do you intend to bring this new Director position before the City Council?

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Title 07 Finance

Chapter 07.09 Intrafund Budget Transfers

Section 07.09.010 Permitted When

1. Intrafund budget transfers may be made during the current fiscal year by order of the mayor, or in the library fund by the library director, or in the park fund by the director of parks and recreation. Provided, however, that the following transfers shall be approved by ordinance passed by the vote of one more than the majority of all members of the city council:
   1. The creation or abolishment of employee positions, except for:
      1. classified employee positions which are created or abolished solely for the purpose of downgrading a specific position in order to hire at a lower level of the classification; or
      2. progressive promotions, certification advancements or position reclassifications of classified employees governed by civil service rules or bargaining unit contracts.
   2. The decrease, revocation or recall of all or any portion of the total appropriations provided for any one fund.
   3. All transfers from a budgeted line-item to a defunded line item as adopted by the City Council.
   4. Emergencies as specified in state law or City charter.
2. Provided, further, that the following transfers shall be approved by ordinance passed by a majority of all members of the city council:
   1. Changes to the wages, hours and conditions of employment of appointive employees.
   2. Adjustments to the salary or compensation of City officers, assistants and employees.
3. The city council shall approve any regulations implementing this section.

Date Passed: Thursday, February 19, 2015

Effective Date: Sunday, March 22, 2015

ORD C35227 Section 1

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As you all know I would have many, many more questions but this is a good start for the City Council!!

 

I REPORT YOU DECIDE!!