SHOULD WE CALL IT THE NADINE POLICY???

I’m referring to the Inlander’s apparent policy of not talking to select members of the Media…like me for example.

On June 18, 2019 I sent this email to the Inlander folks trying to get some information regarding the Adriano Eva case.

The email was regarding this story of mine.

https://examplepro.me/2019/06/18/this-could-get-interesting-in-a-number-of-ways/

I haven’t received any response from the Inlander so I have to assume they must have a “Nadine Policy” in place.

It kind of seems like a fitting name for a policy when you consider all the press from the Inlander and the Spokesman Review regarding the allegation Nadine Woodward won’t talk to the Daniel Walters and the Inlander don’t you think?

https://www.inlander.com/spokane/mayoral-candidate-nadine-woodwards-latest-policy-announcement-no-talking-with-the-inlander/Content?oid=17738993

The current issue stems from this April 25, 2019 Daniel Walters Inlander story.

https://www.inlander.com/spokane/in-2014-the-city-of-spokane-quietly-dropped-a-sexual-harassment-investigation-now-officials-have-come-to-regret-it/Content?oid=17497459

The April 25, 2019 story in which Walters details information from the 2014 HR case, and even interviews the alleged victim creates some real problems for the City of Spokane and to a lesser extent for the Inlander. The reason it creates problems is obvious, it appears that Walters received a copy of or information regarding the 2014 case outside of the Public Records Request process and reported on the information he obtained.

For those that aren’t familiar with the Public Records Act you should be aware that in cases like the Adriano Eva matter when a PRR is made to a government agency that agency is required to make what is referred to as “Third Party Notification” so that the subject of the release has an opportunity to go to Superior Court and object to the release. Adriano Eva received his “Third-Party Notification” on April 29, 2019 four days after the Walters Inlander story.

You will notice in the above Third-Party Notification Laurie Farnsworth as is required advises Eva that he has until May 13, 2019 to object to the release of the records.

Eva took advantage of his legal right and obtained TRO (Temporary Restraining Order) against the City and Daniel Walters.

https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Aebbe8ca4-8ce5-4ba3-8a24-e4711e2a1f68

Tomorrow Friday June 21, 2019 at 2:30 PM a hearing is scheduled to determine whether or not the records should be made public.

These Court Records should give you an idea of how the arguments will go.

EVA CONCLUSION:

https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Aff80dbd4-c1e4-4089-9708-32767a648878

CITY CONCLUSION:

https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A344826e3-cd1a-44d7-8fbc-00160d1f4550

I wouldn’t be at all surprised if this recent Division III Appellate Court Decision doesn’t come into play since Media folks consider it win.

https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A0f11642a-2d6c-48ac-af3a-4e7d730ed7a5

As for me I’m holding off on whether or not the Jane Doe case ends up being a win for the Media until such time as the Washington State Supreme Court hears the likely appeal and renders a binding decision.

Regardless of what happens on Friday the City is very likely still in deep manure, because some how some way the information regarding the 2014 case was provided to Walters and the Inlander prior to the PRA process being completed and Eva having a chance to object. Eva’s lawyer in my opinion would be remiss if he didn’t point out the possibility of malice on the part City if Eva’s 2.8 Million dollar claim against the City ends up in a lawsuit.

As far as the Inlander and Daniel Walters are concerned the April 25, 2019 story opens up some real issues about protecting sources, and whether or not to go with a story before you receive Public Records through Public Records Requests or from outside sources. I receive Public Records from outside sources almost on a weekly basis and use what I have received to formulate Public Records Requests, in most cases not all I will wait until I receive the records via the PRR route to protect my sources especially where access to the records is very limited. If the records have been widely distributed making identifying the source impossible sometimes I will go with the story and the record. What happens if you don’t use caution when it comes to that you could easily put your source in jeopardy and also could find yourself on the witness stand with a contempt charge for refusing to identify your sources, so it becomes a real balancing act.

When you look at all the issues surrounding this case maybe the Inlander’s lack of transparency in not responding to me even though it subjects them to criticism was the right move, since I had some great follow-up questions if they had chosen to respond.

STORY IMAGES:

https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A5a300e34-8eed-4185-b401-c87d7e45f54c

I REPORT YOU DECIDE!!!

THIS COULD GET INTERESTING IN A NUMBER OF WAYS!!!

A bit of an odd public statement considering the circumstances and allegations:

“To be honest, I totally had a crush on him,” Shelby says now. He was nice. He was charming.”

Here is what I think are a few interesting things:

The case again points out just how dysfunction City Human Resources is.

Some real interesting questions about the way the City handles Public Records Requests.

The question of whether or not the City needs a City Charter change to have an elected City Attorney rather then one appointed to protect the City Administration instead of the Citizens.

How should reporters use unsubstantiated allegations in a news story (Bainbridge Island Police Guild v. City Of Puyallup) without hard clarification regarding the information the appropriateness of a HR Director to name an employee who was the subject of a un-sustained  allegation.

Whether or not it is a good idea to have the owner of a local news outlet reporting on City Parks employees conduct while at the same time being a member of the City Park Board.

Does the fact that Michael Piccolo an Assistant City Attorney is representing the Civil Service Commission in these cases represent a conflict of interest and a possible RPC violation.

BACKGROUND:

In 2014, he’d been investigated for repeatedly subjecting a subordinate two decades younger than him to inappropriate comments and overtures. But Human Resources Director Chris Cavanaugh says the HR report was never officially submitted and so Eva was never officially disciplined. The lack of action handcuffed HR’s ability to reference the case during last month’s hearing, Cavanaugh says. The city believes it seriously screwed up.

“I wish we could go back to do it over,” city spokeswoman Marlene Feist says. “It’s painful for Chris, for me, for others.”

“To be honest, I totally had a crush on him,” Shelby says now. He was nice. He was charming.”

“But those, it turned out, weren’t mutually exclusive, according to the account she gave the city in 2014 and relayed to the Inlander.” (*** If reporter Walters didn’t have a copy of the 2014 HR case how did he know the account he got from the alleged victim was the same?)

“To “ensure that these negative and disrespectful behaviors stop immediately,” Daling urges for Eva to cease contact with Shelby, to never be placed in a supervisory role with her again, to be moved from Riverfront Park, and to be retrained on “respect in the workplace.” Finally, he calls for Eva to be sent to a “predisciplinary hearing to determine what discipline, if any, is appropriate.”

“In the report, authored by former HR analyst Dan Daling, Eva admits to kissing Shelby — though Eva portrays the kiss as gentler, briefer and without any inappropriate touching. But Daling ultimately finds Shelby to be more credible and less culpable than Eva.

To “ensure that these negative and disrespectful behaviors stop immediately,” Daling urges for Eva to cease contact with Shelby, to never be placed in a supervisory role with her again, to be moved from Riverfront Park, and to be retrained on “respect in the workplace.” Finally, he calls for Eva to be sent to a “predisciplinary hearing to determine what discipline, if any, is appropriate.” (***I have to wonder how Walters got a copy of the 2014 case?)

https://www.inlander.com/spokane/in-2014-the-city-of-spokane-quietly-dropped-a-sexual-harassment-investigation-now-officials-have-come-to-regret-it/Content?oid=17497459

In his response to the city, Casey wrote that the commission’s decision was final, and the media coverage, such as allegations published in the Inlander that Eva had behaved inappropriately toward a young female employee in 2014, would bias the commission against Eva.

https://www.spokesman.com/stories/2019/may/03/city-clashes-with-civil-service-commission-over-re/

I find it odd that HR Director Christine Cavanaugh supposedly only found out about the “Eva Prior Investigation” on October 30, 2018.

CURRENTLY:

City Attorney Mike Ormsby has decided to spend Citizens money by filing a lawsuit against the City Civil Service Commission and Mr. Eva which included a failed attempt to obtain a “Writ of Certiorari”.

https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Ac47dea3f-d795-48da-8e81-e985d8c41fc5

Adriano Eva has filed a 2.8 Million Dollar Claim against the City.

https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A20a3fada-76c6-482c-9757-0116b61ba79e

On Friday June 21, 2019 there is a hearing scheduled to address whether or not a Permanent Restraining Order will be approved to prevent the City and Daniel Walters from releasing any details of the 2014 HR case. It will be interesting to see if a lawyer representing the Inlander and Daniel Walters shows up at that hearing, so far the City Attorney has been carrying all the legal load.

https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A7c71619c-fd40-423a-bc31-c66b67c805ca

https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A96f0d4db-ab94-454c-b3f8-c0bdaee2b695

I have reached out to The Inlander (Ted McGregor Jr, Jacob Fries, and Daniel Walters) via email of course to ask 3 very simple questions, but they have not responded as of yet. If and when they do I will report on their response.

STORY IMAGES:

https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A64a1f470-00d4-4275-ba2b-76b3e39d10d1

I REPORT YOU DECIDE!!!  

WHAT THE NAACP AND OTHERS DON’T UNDERSTAND!!!

Is that the Lesser BWC Video is just the tip of the iceberg when it comes to SPD’s PACT something I’ve been investigating for over a year now and Chief Meidl has known about prior to my starting the investigation. It is so bad and Chief Meidl knows it, that two Federal Agencies, DEA and ATF no longer are willing to take SPD PACT cases.

Another thing no one seems to understand is that the OPO/OPOC ordinance negotiated by Mayor Condon with the Spokane Police Guild and approved by the City Council so limits the power of the OPO and OPOC it is very difficult for them to conduct effective oversight of SPD. Beyond the Ordinance itself the Mayor and City Council refuse to fund and staff the OPO/OPOC at a level that would allow for legitimate oversight no matter how hard they try.

The only way to assist in the oversight process is for the Media to work hard at trying to determine exactly what is going on at SPD report the facts to the Public and let the Public decide what action they want to take. I will reiterate that there has been no changes in the Culture at SPD since the Otto Zehm case and the hiring of Craig Meidl to replace Frank Straub has allowed for the adverse SPD Culture to flourish.

As a way of demonstrating the Lesser BWC Video is just the tip of the iceberg I am providing copies of a few of the PRRs I have submitted which are being slow walked by SPD using the “Fade and Forget” strategy.

This isn’t just an African American issue it is an issue for everyone!

https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Ad899a921-c364-40ff-8cbc-86b2514fa67c

STORY IMAGES:

https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Abf5273e9-b824-473d-a1c0-a0fbab04663f

I REPORT YOU DECIDE!!!

UPDATE…IF YOU ARE INTERESTED IN JUST HOW DYSFUNCTIONAL SPD IS THIS MIGHT HELP!!!

https://examplepro.me/2019/04/06/it-is-like-a-high-school-cafeteria-food-fight-over-civil-rights-violations/

https://examplepro.me/2019/05/24/the-cover-up-always-gets-them/

https://examplepro.me/2019/05/23/updatewill-the-lesser-body-worn-camera-footage-be-deleted-and-will-there-be-a-legitimate-ia-investigation/

The link below is the recorded interview of SPD PACT Sgt. Kurt Vigesaa who is a close friend of Chief Craig Meidl both having come to SPD from the Ellensburg PD. The interview was conducted during the supposed independent investigation of a complaint made to City Human Resources by Detective Lonnie Tofsrud against PACT leader Lt. Dave Staben and from my perspective provides a treasure trove of information Tofsrud’s lawyers will be using if his 2-million-dollar lawsuit against the City goes to Court and isn’t settled prior to trial. It isn’t long by most recorded statement standards, as a matter of fact it is relatively short, but some readers will likely consider it to long to bother with however I’m providing it for those who have a real interest in the dysfunction going on at SPD.

https://1drv.ms/u/s!AjPlZebSPc_fg5FaSLEZvrkwpmP4pg

As far a an HR Investigation being “independent”, that never happens and Human Resources Directors , like Christine Cavanaugh perceive their job as being to protect whichever Administration hired them gave them a great salary and benefits which they don’t want to screw-up, and one of the reasons many people are concerned that Meghann Steinolfson, of the Cotton/Straub Affair will be appointed to Cavanaugh’s position when Cavanaugh leaves City Employment.

The very first clue to me that this HR Investigation was far from “independent” is when the recording was opened by Jacqui MacConnell the SPD Director of Strategic Initiatives the former Arizona Cop who was hired to oversee SPD IA and provide a Civilian Voice in the IA Process. The record is quite clear that MacConnell has NOT provided that “Civilian Voice” the Public was led to believe would be one of the big changes since the Otto Zehm case.

The presence of MacConnell to oversee the interview of Vigesaa is very, very telling.

If you listen to the interview you will find that Vigesaa goes to great lengths to pump his own tires and his “teams” tires, while at the same time maligning SPD Targeted Crimes Unit and calling Detective Tofsrud a liar over and over without the least bit of proof or legitimate follow-up questions by HR Investigator Jennifer Jackson.

As you can see from the emails below Chief Craig Meidl thought the HR Investigation was the greatest thing since sliced bread.

Over and over again when I receive information about how SPD hasn’t changed since Otto Zehm, how discipline at SPD is none for some and more for many, that things are being covered up, and on and on I can’t help but think back to Chief Craig Meidl’s email to the troops and Facebook Post about his firend and mentor convicted felon Karl Thompson.

The Body Worn Camera video that Craig Meidl doesn’t want the Public to see, and all the other problems with SPD PACT is about Vigesaa’s “team”…go figure… eh?

https://examplepro.me/2019/05/24/the-cover-up-always-gets-them/

https://examplepro.me/2019/05/29/where-are-we-on-the-horrific-spd-dan-and-scott-lesser-body-worn-camera-video/

https://examplepro.me/2019/06/01/a-little-feedback-on-this-sr-story/

Since neither Scott Lesser or Dan Lesser have been placed on Administrative Leave by Chief Meidl pending the outcome of a Criminal or IA Investigation like many other Cops have been, coupled with the fact that Meidl is very close to Vigesaa and Lt. Staben there are those at SPD who predict not much happen to any of the SPD PACT Officers or their Supervisors…we shall see!

STORY IMAGES:

https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A68c12465-480f-490c-86f4-5a90acdfec89

I REPORT YOU DECIDE!!!