66 _Renton Police Department Public Records

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RENTON POLICE DEPARTMENT

INTERNAL AFFAIRS

WITNESS OFFICER ADMONITION

{_< D " o5- t0Complaint Number

Today's date is :fvl-"{ 1- ~ l '2-ol 0 at 1 D o..:J hours. I amI

J) { c._ -n 1\A.-- Tt?-o Y - ~ interviewing

regarding a complaint of , V rJ ~ ,N&- u.rJt>J T

which is alleged to have occurred on o=V01 '>z ,M (g { 8 x:> hours.I - - - - ~ ~ = - - - - - -

- - ~ - = - - - ' - - - - - = : - J - , do you understand that this conversation is beingtape recorded? e cir No) 3 ~ ( Sl1. · .

_ . ! _ _______ , you are here as a witness in the above listed

complaint, a matter which concerns another officer. A complaint has not been filed againsfyou,

and you are not under investigation iri this matter.

' , I wish to advise you that you are being questioned

as part of an official investigat ion of the Renton Police Department. You are reminded that

-Section 46.1 "Insubordination" gnd "Truthfulness" efths Renton Psliee Department Genorttl

_Dt=dGfs clc apply in this mfttiOf and that ysu mmt truthfnlly re:;psncl. A:ny refusal to respend IDB:JL·

result in disciplmary aotion as outlined in General Ord8fs ~ s G t i s n 26.1.

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PD Admin/Milosevich/COForms



STATEMENT OF

COMPLAINT NUMBER: C0-05-10

INTERVIEWER: Deputy Chief Troxel

DATE: July 28, 2010

1615

LOCATION: Residence- Lake Meridian

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I am Deputy Chief Tim Troxel interviewing regarding a

complaint of Unbecoming Conduct alleged to have taken place involving Off

Duty Renton Officer on July gth, 2010 at about 1800 hours or

six p.m. do you understand this conversation is being tape-recorded?

I do.

I'm going to stop the tape at this point just to make sure the recorder is

picking up both of our voices.

We are back on the record and the recorder is picking up both of ou r voices.

And just to start off I'm going to have you spell your first and last name

because someone will be transcribing the tape and I don't want them to have

to guess how to spell.

It's first name , last name is

And your current address?

It's .

And that's in Kent?

Correct, Washington 98042.

And we are currently at your residence in Kent on Lake Meridian.

Correct.

And we're on the uh South shore, I guess you would call it the South shore,

maybe southeast.

Southwest

South, southwest

Southwest.

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STATEMENT OF

And you are the next door neighbor of

Correct.

And is renting a house uh directly to the I guess you would say the

west.

To the north.

Is it to the north the way the-

Northwest, yeah.

We're here today to talk about events of July 9, and there has been um a

follow up allegation from um a Mr. who lives on the other side of the

lake that was in his pontoon boat on the ~ v e n i n g of July gth and uh

was near a swimming dock just uh, just one property away from Mr.

residence. And my understanding is that you have some information

that uh may clear up why was in his pontoon boat in that general area

that evening. Is that correct?

That is correct.

I'm going to let you just go ahead and tell the story if you'd like and talk a

little bit about the neighborhood group and going on a swim.

Yeah. It has been a custom for many years for our neighborhood to gather

together at one of our docks and most often ours, and sometime there will

be just two or three people, sometime up to 15 people swimming and

dragging boats and sometime even uh a little puppy. And we invite all the

neighbors that are willing to take a swim and uh, was not any

different. We invited him to come along those nights and on the gth there

were seven or eight people and/or four or five swimmers, five swimmers, and

two or three on pontoon boat- and my wife was on a raft

paddling, stand up board. And uh, another neighbor, Deanne uh took off a

little faster because she's training for a triathalon, and followed her

behind just to make sure that she wouldn't be by herself because we try to

look out fo r each other. And as they got closer to the raft, they waited for us.

I'm pretty sure Deanne probably got really close, but didn't get close

to the raft. And I don't know if that's the buoy line or not. We were too far

to see i f there was a buoy line. But, from what I recall, it was a happy outing

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STATEMENT OF

and everybody was on their best behavior and just jovial and joyful and I

don't recall seeing being out of line whatsoever- just one of us.

So uh, the purpose would have uh following or um going along with

the swimmers in his pontoon boat is to basically be a little bi t more visibility

fo r the group as they cross the lake?

Correct, and also, he was invited to take part of our fun custom of crossing

the lake after six.

And uh the uh swimming dock or a floating dock that you swim to as we sit

here and look across the lake it appears that it is just one property away from

Mr. residence where the Kent Police boat is moored.

Okay.

Is that correct?

That's correct.

And the, the floating dock that you swim to, at least from this point uh

appears to be f9irly close, maybe within thirty to fifty yards just inside that

buoy line. If that far.

Fifty, fifty yards, because each lo t here is forty feet across. Those lots aremuch wider so it could be fifty to sixty from the police boat.

And if uh-

From my recollection uh, didn't even get close to the raft because

later on he explained that he couldn't but he waited to explain to us.

Can you talk a little bi t about that, about uh what he said to you about um

whether he could or could not get closer to the swim raft.

He said that he couldn't get close to the swim raft.

And at that point did he tell you why?

Uh, he would explain to us later.

And did he explain later?




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Yes.

STATEMENT OF

Canyou tell me about that?

As a matter of fact when we came back to the shore, is it Sergeant

Yes.

Uh, stopped by and I didn't know why he stopped by. I was introduced to

him or he introduced himself to me. And uh, later on we found out that uh

he mentioned that uh, behavior was intimidating to people

on the other side which we didn't find it to be true.

And uh, you just mentioned that uh allegedly behavior was maybe

intimidating to somebody. Was the allegation that the behavior was

intimidating that night during the swim?

It was not.

But that was, that was the allegation.

Yes.

And you were, you were there with in the swim group.

Yes.

And it's your recollection that didn't do anything that was

intimidating.

No, that's correct.

Can I just say-

Yeah.

It was Thursday evening that he explained why he couldn't, with Ivan and

Sirje and us before. He explained why he couldn't get closer.

Oh, okay.




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STATEMENT OF

Um, and so we knew that going in to the Friday night swim.

Okay. Should I-

That's fine. That makes sense.

That probably picked up Anne's-

Sure and uh just for the record uh, the female voice we heard was

which is wife and she was also in the group that night of the

gth and also the previous night on the 8th. And uh, and just for the benefit of

the person that's transcribing they' ll have that information.

Correct.

Uh, anything else about the swim on the 8th or the gth that we haven't

·covered uh on the record today?

I cannot add anything except everything seemed to go proceed very calmly

and just a happy time as all the other swims. He was just part of the

neighborhood.

And uh, you mentioned that it's uh been kind of a tradi tion and, and on the

gth, uh, it's your recollection I believe that uh this may have been the third or

fourth time that, the, the group, the neighborhood group has uh gone on theevening swim.

That's correct. And also joined us the night of the, the 8th, the night

ofthe8th.

And uh, if the, well if you started doing the evening swim somewhere around

the first of July, uh did, had joined you any other time besides the 8th

and the gth?

He joined us the night of the- help me which night.

He joined us going across in the ih, he accompanied me on a paddle boat

(overtalk)-

All the way to the end.

to meet up with who was down at that lake, end of the lake.




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Kayaking.

STATEMENT OF

Kayaking, just kind of to protect me on the board to meet up with and

two friends that were further down the lake.

Yeah.

And that was uh, you're staying kind of on your side of the lake here and not

uh, and kind of going to the north and then back to the south and on that

particular day, there was no crossing the lake over towards where the Kent

Police boat is moored.

No, right, correct.

All right .Anything else to add that we haven't covered?

I don't think so.

And just uh just so we're um I guess official , that all your answers are as

truthful and as accurate as possible based upon your recollection of the

events that day.

They are.

You, you have not used any emails, or um notes that you may have taken

regarding that, that um your answers to my questions today have just been

based upon memory

Upon memory, and thankfully my wife is here and she has a better memory

than I do. I'm known to be a scatterbrain at times, but I do recall that there

was no intimidating behavior.

I think at this point, this will conclude the interview with

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RENTON POLICE DEPARTMENT

INTERNAL AFFAIRS

WITNESS OFFICER ADMONITION

co -05-10

Complaint Number

Today's date is July 28,2010 at 1730 hours. I am Deputy ChiefTim Troxel

interviewing Sergeant

regarding a complaint of :

26.1.1.II.B -Unbecoming Conduct, 26.1.1.II.D - Conformance to Laws, 26.1.1.II.O -Use of

Alcohol Off-Duty, and 26.1.1.II.T- Abuse of Position,

against Officer which is alleged to have occurred on July 4, 5 and 9, 2010 in

the evel).ing hours.

Sergeant do you understand that this conversation is being tape recorded? ~ o rNo)

Sergeant you are here as a witness in the above listed complaint, a matter which

concerns another officer. A complaint has not been filed against you, and you are not under

investigation in this matter.

Sergeant , I wish to advise you that you are being questioned as part of an offiCial

investigation of the Renton Police Department. You are reminded that Section 26.1

"Insubordination" and "Truthfulness" of the Renton Police Department General Orders do apply

in this matter and that you must truthfully respond. Any refusal to respond may result in

disciplinary action as outlined in General Orders Section 26.1.

Assigned Investigator



STATEMENT OF

SERGEANT

COMPLAINT NUMBER: C0-05-10

INTERVIEWER: Deputy Chief Troxel

LOCATION: Renton Police Department

DATE: July 28, 2010

1730

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I am Deputy Chief Tim Troxel interviewingSergeant- ofthe

Renton Police Department. This is Renton PO internal affairs complaint

number C0-0510 regarding a complaint of Unbecoming Conduct,

Conformance to Law, Use of Alcohol Off Duty and Abuse of Position alleged

to have been commit ted by Officer alleged to have occurred

on July 4, 5 and 9 of 2010, all ofthose days or dates in the evening hours.

Sg t . - do you understand this conversation is being recorded?

Yes, sir.

At this point I'm going to stop the recorder to make sure it is picking up both

of our voices and then we will go back on the record.

We are back on the record. The recording device is picking up both of our

voices.

Sergeant- you are here as a witness in the above-listed complaint.

A matter which concerns another officer. A complaint has not been filed

against you and you are not under investigation in this matter. Sergeant

- I wish to advise you that you are being questioned as part of an

official investigation of the Renton Police Department. You are remindedthat-section 26.11nsubordination and Truthfulness of the Renton Police

Department General Orders do apply in this matter and that you must

truthfully respond. Any refusal to respond may result in disciplinary action as

outlined in General Order 26.1. Do you have any questions about that?

No, sir.

I'm going to ask you to sign on the Witness Officer blank please. Anything to

handle on the preliminary level before we get going with questions?

No, sir.

Do you have any notes, or other documents that have helped you prepare for

this interview today?

Yes, sir, I do. I have a two memorandums that I completed uh the first on July

4th, the second on July 5th. Each after the two incidents. Uh, and those were

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STATEMENT OF

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led up to with an email to the chain of command which was Commander

Leibman.

And besides the emails and memos that you've prepared, any other notesthat you prepared at that time or later on that you're going to use today?

No, sir.

And I would assume um these memos and emails are helping you refresh

your memory?

Yes, sir, they are.

And some of your responses to my questions today may be from memory and

not from these written documents.

Correct.

Just to get some of the technicalities ou t of the way, you were employed by?

The Renton Police Department.

And your position and assignment.

I am a patrol sergeant for 3A south which is graveyard patrol.

And is uh Officer work for you?.

No, sir, he does not.

Uh, has he worked fo r you previously as part of your squad?

No, sir.

And were you on duty on July 4th, 2010?

Yes, sir, I was.

And your capacity and hours of work that day.

I started at 1600 and worked ti l 0400 on July 4th as the Patrol Sergeant 3A

South.




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Did you have a phone conversation, uh with Officer or officers from Kent

Police Department regarding their interaction with uh off-duty officer

-thatday?

Yes, sir I did.

In narrative form go ahead and uh fill me in on that.

On the 4th of July, I first received an MDC message from dispatch requesting

that I contact an Officer- with Kent PD. And there was a phone

number listed. I didn't know what it was in reference to, uh so I just made

the phone call. Shortly after then, and uh there was a male officer that

answered the phone, who I thought was Officer . It was probably

Sergeant at the time. It was kind of hard to hear. Uh, but I spoke withthis uh Kent Police Officer, who told me, or at first asked me i f I had known of

an employee named Officer I told him that

I did, that he was employed with the City of Renton. Uh, then he went on to

tell me uh that he was having a situation with Officer where

he was float ing in Lake Meridian uh intoxicated at night in a small pontoon

type craft and was causing a disturbance so he said they had made contact

with Officer and had been asking him to leave and he was

refusing. He made some statements. Uh to which they could not arrest him ·

because he was a Renton Officer. Um, and he wanted to apprise me of the

situation to warn me that he might be arresting but theywere trying to get him home.

And as far as you know, from the events that evening with Kent PD was uh

arrested?

No, sir, he said that he would, this Kent officer said that he would be calling

me back ifthere was any action taken, but they, it sounded like he'd dealt

with him after telling him to leave several times and him coming back um,

that they might be coming to an endand- might be leaving. If not, he

said he would give me a call.

And you may have said this uh earlier in your statement uh approximately

what time of day did you get that phone call from er the MDC message from

Valley Com?

The MDC message was at 2228 hours and I would have called within two,

three minutes after receiving that.

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STATEMENT OF

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And during your phone call with the Kent uh, with the male officer from Kent,

uh, could you hear uh a person in the background which you later um were

told was-

Yes, sir. As uh the officer spoke to me I could hear some unintelligible words

in the background and uh this officer would stop and tell, who we identified

as -be uiet, stop, I'm talking, I'm on the phone, um,

so he said that thatwas- in the background.

Could you tell by the uh voice in the background whether or not that was-could not, uh just that it was unintelligible, sounded like mumbling.

And approximately how long did the phone call last with the Kent officer or

sergeant?

Uh, my best approximate would be five, seven minutes, sir.

And, uh sometime during your shift after that phone call, phone call, you

prepared uh email and a memorandum regarding the information relayed

from Kent PD.

Yes, sir, I immediately noti fiedthe

CDO just dueto

the circumstances andthe

possibility of the arrest of one of our police officers. So I notified Commander

Karlewicz immediately uh and apprised him of the situation. It was the

Fourth of July. We had an event going on down at Coulon Beach and the

Chief was there. And he was at the station and so I spoke with him to let him

know just due to the severity of it. And so, once I talked to the CDO and the

Chief, I advised the Chief I'd be completing a memorandum and sending it

through my chain, which I did later on in the morning, uh several hours later

3:30 time frame where I sent the email and attached memo.

And I think you mentioned before that as far as you're aware um Officer

- was not arrested?

Correct, sir.

Do you know whether or not anybody from supervision or command staff

from Renton PD responded to Lake Meridian that day?

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STATEMENT OF

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Not that day, sir.

And anything else about the phone call or your documentation ofthe

information about July 4th that we haven't talked about?

No, sir.

And so you were on duty on July 5th as well, is that correct?

Yes, sir, I was.

And um, same capacity?

Yes, sir, Patrol Sergeant 3A South.

And a little Deja Vu moment ?

Yes, sir.

Where you uh, you were again contacted or asked to contact Kent PD.

I was. This time I received a uh page at the station from the front counter

letting me know that I had Lieutenant from Kent PD on the phone, so I

picked up the page. This was on July 5th at approximately 1840 hours, where

I picked up the phone and it was Lieutenant from Kent. She identifiedherself and asked if I was familiar with Officer- from the night before?

I had told her that I was familiar with the situation and that I was the

sergeant that actually took the phone call from the night before and she

stated thatwas back. This time he was floating next to a dock where

they hold their boat, their uh police boat, and he was making threats to the

owner of the property. Uh, vague threats that uh he would to tell the owner

of the property to tell the police that there will be pay back. Um, he

continued to make. these threats to the owner. Uh, the owner obviously a

lit tle shaken. Uh, contacted Lieutenant and the police in their sub

station at Lake Meridian. Um, Lieutenant was c;tpparently advised that

he was an officer with Renton Police. They had deal t with him the night

before and due to his threats and his intoxication uh she felt he, he might

pose a threat . She didn't know if he was armed, so she was calling to inform

me of the situation, but also if I had any information that should it come to a

confrontation um that maybe I had some kind of information that would help

him down to help them. Um, so that was the initial phone call that I had with

Lieutenant And I told her that I would. I didn't have that information

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STATEMENT OF

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that I would contact the CDO, Commander Karlewicz and I would get back to

her as soon as possible.

And so how long did the call with Lieutenant last?

This, about the same time, five to seven minutes.

And so after you talked to Lieutenant you, you um telephoned our

CDO?

Yes, sir I contacted Commander Karlewicz. Uh, told him of the situation. He

was familiar from the night before. He knew that uh, uh - was there. I

told him that he had been back and he was making some verbal threats. Uh,

Commander Karlewicz asked that I look for his phone number, cell

phone number, which I looked up in our, our system under uh the employee

directory and found his cell phone number, provided that to Commander

Karlewicz. He then called me back two, three minutes later after our

conversation and said that uh he had notified the Chief and the Chief would

be trying to call him on his cell phone. With that information, I'd uh

contacted Lieutenant back to let her know what was going on.

And when you called Lieutenant uh back, was- still in the area as

far as you could tell, or had he left the area of that dock where Kent PD

moors their boat?

This, at that point, he had moved from the dock to, I think it might have been

as we were speaking, or shortly before that he had floated back over to a

house unknown at the time, uh whose it was or the address, but he had

floated back over to a house where he, as she described that he stumbled,

couldn't, couldn't stand. That's how she thought, or believed that he was

intoxicated and had staggered up some stairs and walked behind the house.

And uh, we talked, or you mentioned that Commander Karlewicz retrieved a

cell phone number for - from you. Do you know if Commander

Karlewicz attempted to cal l -

I don 't know if he attempted to call, Sir. I know that uh, he had called a short

time after I'd given him the number where he said that uh he provided the

number to the Chief and the Chief would call.

Did you attempt toca l l -




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STATEMENT OF

·SERGEANT

No, sir, I did not.

Have you had any contact with- since that uh the events of either the

4th 5th?

or .

No, sir.

We talked earlier at the beginning of the interviewwhether- has

worked for you on your squad and I believe your answer was no. Has he ever

worked in a, in any capacitywhether overtime or on your squad, or in an

extra duty or off duty capacity during the time that your shift has been on

duty?

I'm pretty confident that he has not. I know I have called him, but for

whatever reason he wasn't available because I'd needed overtime in the past,uh, but I don't remember him specifically coming into work uh on my crew. I

know he's worked on the north end with Sergeant which is you know

we work together, but not for my crew specifically.

And you mentioned uh your phone conversation with Lieutenant about

um about- telling the owner of this property that there would be I

believe the word was "payback", quote, end quote.

Yes, sir.

Do you care to speculate on what he may have meant by payback based upon

your knowledge of events over the previous day and a half or two days?

Uh, I was described uh by Lieutenant and the gentleman that was

obviously disturbed by his, his vague threats, that payback meant some type

retaliation for their contact from the night before. And I can only assume

that um and that's, that's what I took that as and thought it was significant

enough to to contact the CDO.

And any um, let me back up. You had mentioned that uh you may have

spoken to him on the phone before whether to attempt to get him to come

and work overtime on your shift, or for whatever purpose-

Yes, sir.

Um, and again for whatever reason he declined or couldn't because of other

plans. Any indication on any of your phone calls with him um that uh he was

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STATEMENT OF

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um maybe not in any kind of physical or um what do I want to say, did he,

was there any issues with his sobriety that you could tell when you had those

conversations with him while he was of f duty?

No, sir, none that I could tell and I think since he's been here he has uh been

opposite of me as far as scheduling so, no sir.

Since the events of the 4th and 5th, and you documenting your phone

conversations, have you learned any new information about the incidents of

those days since?

Uh no information as far as those incidents specifically, no sir.

Any other information in general regarding interaction with Kent PD. or follow

up information that you have?

No, sir. I know that uh one thing was that uh I know their graveyard crew

was briefed on July 5th to be aware that he was there. Um, and that uh, I

don't know how it was dispersed or disseminated amongst their, their

officers, but I know that uh some of our officers unknown at that time within

our own department besides myself and the key players, but Kent PD was

aware and so through friends and MDCs and uh, you know training, or

whatever, the uh, the mix with the Renton and Kent, the word quickly spread

that you know there was something wrong with Officer Um,

and that's that's the uh, the only thing I think I've heard from this.

And you mentioned a couple minutes ago about the graveyard or third watch

crew was um um briefed at their roll call session on July 5. Are we talking

Kent Police Department, graveyard shift? '

Yes, sir. Uh, Kent Police arid I'm not sure exactly how they're set up as far

their, their structure, but uh, I was advised that they would be briefing their

graveyard crews to be aware that Officer- and where he was.

Anything we haven't covered reference uh these incidents that you'd like to

add?

No, sir, I believe that's it.

Any other people within our department or Kent PD that maybe we haven't

mentioned that you would recommend that I could speak to that may have

knowledge about the events of those days?

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STATEMENT OF

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The only person I believe, that I believe there was incident after my July 5th

incident, which would have been a Friday and I'm not sure as far as the

calendar, um but later on in that week, where he had returned to Lake

Meridian and I believe Sergeant had taken that phone call. I didn't

discuss any details other than he might have come back and uh that it was

handled by the Chief, but that is the only other person that I know of that

had any kind of contact or involvement other than myself.

At this point, it's approximately 1750, 1750 hours, and this will conclude the

interview with Sergeant

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Case ReportKENT POLICE DEPARTMENT

Repcrt Officer

/

Printed At

07/08/2010 16:11

10-7030

Reported Date

07/06/2010Crime/Incident

HARASSMENT

Officer

Page 1 o f 3

Supplement No

ORIG



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10-7030Supplement No

ORIG

On 7-4-1 0, at about 2200 hours, Iwas working as a Marine Officer for the Kent Police Department. I was workingwith OfficerA- and we were on patrol at Lake Meridian, which is in the City of Kent, County of King, Stateof Washington.

Officer- and I were on our fully marked police boat and were standing by for the start of the fireworks show,when we saw a small pontoon boat moving across the lake. It was dark, and the pontoon boat had no lights on.We went over to the pontoon boat and contacted the person who was rowing it. I told him that he could not be outon the lake, after dark, without some lights. I also explained that he needed a life jacket and a sounding device.

He acted as if he did not understand what I was telling him and just stared at me with a blank look. He appearedto be intoxicated, yet was able to paddle the boat and did not appear to be having trouble sitting in it. I told himthat he needed to row back to the shore or else we would have to take him back there. He ignored me and justsat in the pontoon boat and stared at me. He made some comments about no knowing what he did wrong and

asking if we were going to arrest him. He then said he did not hear what we were saying. We moved our boatcloser to him and told him again that he needed to return to the shore. He hesitated, but then started paddlingback toward the shore.

By now, the fireworks show had started, so we stayed where we were and watched as he continued to paddleback to shore. He did not go all the way to the shore. He stopped and appeared to be watching the fireworksshow. After a few minutes, he began rowing back toward the middle of the lake, toward the fireworks barge.

We went over to his location and re-contacted him. When we did, he began rowing away from us. I told him tostop and to paddle back to our boat. He dropped one paddle and just sat there. We moved closer and I tied hispontoon boat to our boat. He immediately started making comments about us arresting him and then said, " I'm aRenton Cop!" I explained that I was a Kent Sgt and that he should know better than to act the he was acting.I asked him for ID, but he said he had nothing with him. He identified himself as but he was

unable to provide me with the full address where he was staying. He told me wo graveyard shiftand his Sgt was Sgt He then started yelling at me to call someone from Renton, and began namingpeople who were working.

As I was talking wi th - I saw a bottle of Southern Comfort inside the compartment on his pontoon boat.He was slurring some of his words and his emotions fluctuated from calm and silent, to angry outbursts.

I contacted one of the on-duty Renton Sgts (Sg t - and explained the situation to him. I confirmed thatwas still a Renton Officer and said that I intended to tow his pontoon boat to the shore and wantedto go inside for the night. Sgt- apologized for- behavior and told me he would tak.e

As we were towing- to the shore, he looked at me and made a comment like, "I'll make sure to repay thisfavor in full!" I did not get the feeling that he was being appreciative of my actions, so I asked him what he meant.

He said, "You know exactly what I mean!" I asked him if he was threatening me and he told me, "You can take ithowever you want!"

As we got near the dock, - began demanding that I release his boat. I untied him and he paddled over tothe shore and left the lake.

I then contacted Capt Pagel and informed him of the incident.

This case is closed, but a copy will be sent to Renton PO, for their investigation.

By affixing my electronic signature below in the form of my type written name, I certify under penalty of perjuryReport Officer Printed At

07/08/2010 16:11 Page 2 o f 3



Case Report 10-.7030KENT POLICE DEPARTMENT

under the laws of the State of Washington that this report is true and correct.

Dated this _§!b_ day of__

..!::.J=ui.L..y_____

20_,_10"'------' in the City of Kent, Washington.

Report Officer

/

Printed At

07/08/2010 16:11 Page 3 of 3

Supplement No

ORIG



(


OPERATIONS UNIT

.10-7030

Reported Date

07/06/2010

Crime/Incident

HARASSMENT

Officer

Supplement No

0002

On 7/4/10, around 2200 hrs, I was driving our fully marked Kent Police boat and working as Marine Officer for theKent Police Department. Sgt was on the boat with me during the evening hours of the 4th of July fireworksevent on Lake Meridian. Lake Meridian in located in the City of Kent, County of King, in the State of Washington.

Sgt and I were idling in the middle of the lake waiting for the fireworks show to start, when I noticed a smalldarkened object in the water and not too far from our boat. I noticed what appeared to be a small one person boatmoving towards the explosive barge. The small boat had no lights visable on it. It should be noted that the lakeNas very dark and that there were other boats on the water, but they had navigation lights on their boats.

I turned our boat towards the small boat, (which I later discovered it to be a single person pontoon boat with oars,)and attempted to stop it from movi closer to the explosive barge. Sgt made verbal contact with the male

occupant (later identified as Sgt to ld - that he had to remove his boat from the lake

since the boat was not visible and had no life vest or sounding device. - acted angry and puthis hand to his ear and yelled out "I can you!" several times. I maneuvered the police boat closer to- so Sgt could repeat his directions. Again, - acted belligerent and doing the same actionwith his hand to his ear and saying the same thing. It appeared tha t - was intoxicated but not to the pointwhere I believed that he was a danger to himself. At that time, I yelled very loudlyat- to get off the lake.- j us t tared at me, and yelled at me ... l live here so I can be here." Sgt directed him, again, to get offthe lake due to the mentioned problems above. - jus t tared at Sgt for awhile until Sgt advisedhim that if he did not return to shore, we would take him back ashore. - asked us if we were going toarrest him if he didn't, but then ·same sentence stated that he could not hear us. ·

I moved my boat closer again to- with more directions for him to return to shore. Even t ua l l y , -

gradually started to row towards the north shore of the lake with nothing more to say.

Very shortly after our enounterwi th - the fireworks show started. I kept the police boat in the area of

our last contactwi th - and watched as he very slowly continued to paddle back to shore. I noticed that hepaused several times and then did not go all the way to the shore. - stopped, angled his boat facing theexplosive barge and appeared to be watching the fireworks show. After a few minutes, I noticed tha t -

began rowing towards the middle of the lake, and toward the fireworks barge. ·

I pulled the police boat in front of his advancement and Sgt and Idirected- to stop. -became angry and tried to row away from us. I grabbed the Jay hook and hooked his pontoon and drew it closealong side the police boat. Sgt continued to communicatewi th - while I tied the to our boat.

Sgt asked him if he was confused with the directions of returning to the shore. dropped the oarsand crossed his arms over his chest. It appeared as if he was "sizing" Sgt up. en started tomake comments like "what are you going to arrest me?" "What did I do for you to arrest me "Go ahead and

/2010 16:11




10-7030Supplement No

0002

Sgt ~ t h a t he was a Sgt with Kent and t ha t - actions were inappropriate. Sgt thenasked f o r ~ i den t i f i ca t ion . - then identified himself as rrin- but did not provide his fulladdress, instead he stated "you figure it out!"

- then started to give Sgt his work shift and who his Sgts were. - directed Sgt to callRenton. I then called over the air to Kent Dispatch to have a Renton Sgt call me ASAP.

Sg t - c ~ h o n e back very shortly and I handed it off to Sgt As Sgt tried to explain the.situation to Sgt.... nd to verifywho -was, - yelled out that Sgt was lying about thesituation. He denied being intoxicated and non-cooperative. By then, Sgt had seen a bottle of SouthernComfort. - kept making comments to Sgt as he was on the phone and gave him some hard stares.- became quiet and appeared as if he was making a decision to fight. He fluctuated with his emotionsfrom being quiet to angry outbursts, and slurred his words as yelled.

Sgt advisedSg t - that we would escort- back to shore and drop him off there.

I turned toward the shoreline and asked where his home was, he pointed and stated "starboard" slurring the word.As we moved forward to the shore, he stared at both Sgt and I intently with his arms across his chest.

- then made the statement, "I'll make sure to repay this favor in full!" Sgt askedi f- had justthreatened us. -repeated his earlier statement and finished it by saying, "You know exactly what I mean!"Again, Sgt asked him if he was threatening him (Sgt and he said, "You can take it however you want!"

As I moved closer to the shore/dock, - demanded several that his boat be released from ours. Sgtuntied the boatsand - paddled over to the shore and left the lake. I couldhear - makingcomments, but i was unclear of what he had said .

.3gt then contacted Cpt Pagel and told him of the incident.

This concludes my supplemental.

By affixing my electronic signature below in the form of my type written name, I certify under penalty of perjury

under the laws of the State of Washington that this report is true and correct.

Dated this 6th day of July, 2010, in the City of Kent, Washington.

/2010 16:11 Page 2 of 2



(

Case Report

KENT POLICE DEPARTMENT

APPLICABLE NOT APPLICABLE

APPLICABLE

HARASSMENT

10-7030

DRAFTReported Date

07/05/2010

Crime/Incident

HARASSMENT

Officer

Supplement No

0001

On 7-5-10 at approximately 1730 HrsOfcl l l l

and I arrived at 14 SE 262 St,in

the city of Kent, county ofKing, State of Washington, to conduct marine patrol on LK Meridian. It should be noted that this is the location atwhich the KPD patrol Boat is moored.

pon arrival we were met by residentW IT - the home owner who has allowed KPD to moor the patrol boaton his dock for several years. - stopped me and told me of an incident that occurred approximately 15

minutes prior. - stated that a white male in an inflatable one person pontoon boat died in behind thedocked KPD patrol vessel. It was obviousto- that the man wanted to talk; so walked to the lake to

speak with him. The subject, later tentatively identified as SUS ~ e d "do you drive thisboat?" in a gruff and angry tone as he indicated the KPD patrol V e ~ rep ~ .

said "there is ing to be payback" was aware of an incident the n ht before with....Ofc and S in whi made similar threats to Ofc and Sgt

· -= -- -- -c -="' -- -

2010 16:04



(


10-7030

DRAFT

"are you the Renton cop that was causing problems last night"

Supplement No

0001

oing to be payback". -said hat he became angry witli way tha t - was~ t him and ed back at him, telling him that he better not touch the patrol boat or his property.... epea y to that he was not going to touch the boat or his property but each time added that"there was to be . - to ld me that during the entire contact,- was red faced andyelli never said what he meant by "payback". - le f t he area and paddled back across thelake. me that he did not b e l i e v e ~ meant to do him any harm but believed that the Payback comments were geared toward Ofc . _ . - sg tB and the Kent Police.

pointed- out to me, who at the time was across the lake on shore. For conformation purposes,told me that the subject was wearing a bright red t-shirt. With the use of binoculars I could see the

ect on shore.

and I launched the boat and conducted routine patrol on the lake. As we slowly (no wake) passed bylocation I noted that he was with two other subjects near the edge of the lake. As common practice,

and I waved to the trio. The two unknown subjects waived to us. While patrolling the lake Ofc IIIIIand usted one of the swim area buoys. - paddled toward us in his small pontoon boat but stopped 80yds short of us. We did not engage him nor did he engage us.

After finishing marine patrol we returned and docked the patrol boat. LT met us there to discuss the incidentwithW it- While doing this, I was able to watch- as he returned to shore. He sat for about 30minutes on the lake shore. He got up and walked to the house located at While watching- thru binoculars, I noted that when he stood up he used a picnic support. When he walked he~ d to stagger. As he walked up the stairs he used both hand rails for support. It appeared to me that.... as very intoxicated. I continued towatch- until he entered the residence.

This case is for informational purposes. Case closed.

By affixing my electronic signature below in the form of my type written name, I certify under penalty of perjuryunder the laws of the State of Washington that this report is true and correct.G.-Dated this _5_ day of _July__ 201 0_, in the City of Kent, Washington.

/2010 16:04 2 o f 2




2 POWER

22:41:23

10 ..7030

Reported Date

07/09/2010Crtme/lncldent

Officer

Supplement No

0004

On 7-9-1 0, at about 17 45 hours, I was dispatched to Lake Meridian Park, to assist Officers with a juvenile fight.

While I was there, we received a phone call from He said that was out in front ofhis dock again.

I looked at the lake and saw a person in a blue pontoon boat. He was d i rec t - i nront of the swimming dock,which sits in front of residence. The swim dock does not belong to but is part of ti ieivate parkthat is next to property. I used some binoculars and was able to see t at the person was- He was fishing or doing anything in particular. He was just sitting in the pontoon boa an staringover toward- house. I watched him for about 10-15 minutes. During that time, he continually paddled theboat so that he was able to face- house. I saw him drinking from a bottle, but was unable to tell what itwas.

I called Lt. Padilla and Capt Pagel and informed them of the situation. Since- was not committing a crime,it was decided to just leave him alone and refer the information to Renton P o ' 1 r C e " " D e j j p ~ r t m e n t , so l d followup on it. We also discussed the idea of ass i s t i ng - with an anti-harassment order against....

I continued to watch- for a period of about 20-30 minutes. He eventually paddled back into the middle ofthe lake and then began interacting with the other subjects who were associated with the swim race that wasgoing on. - then paddled over to his dock and got onto the shore, where he remained. .

I left the lake and went overto- residence. He and his wife were obviously botheredby- beingover by their house. They were concerned about whether they should even be outside on their "b'a'C'k"'C''ck.

While I was talking with them, Chief Milosevich, from the Renton Police Department showed up. He listened towhat had occurred and then said he was going to have another Officer go to- house and contact him.

Chief Milosovich later called me back and told me that he spoke with the Officer that went overto

house. He said- was not intoxicated and denied being overnear- residence.

End of Supplemental.

By affixing my electronic signature below in the form of my type written name, I certify under penalty of perjuryunder the laws of the State of Washington that this report is true and correct.

Dated this 9th day of _ __,J"-"u:.!.JIY'-------' 20_,_10=----• in the City of Kent, Washington.

Report Officer Prlnted At

07/21/2010 18:58 Page 1 of 1



r:rom:.mt:

To:

Subject:

-- [ ci.kent.wa.us]Friday, July 23, 2010 11:48 PM

Timothy L Troxel10-7030 supplemental.

Here is the supplemental that I completed at your request. This is just the copy of the narrative since I can't figure out how to send the whole document. Letme know if you need anything else?

Spoon

On 7/09/10, around 17 45 hrs, Ofc and I were working as boat

officers on the City ofKent Police boat. We were at a dispatched to a

fight call at Lake Meridian Park when I received a phone call on my work

cell from was upset when I answered the phone. He

yelled out "that son of a bitch is just si · there at the outside of dock

and is just staring at me!" I had to ask

confirmed that "he" was

While I talked with on the phone, I had to stop my investigation

:nvolving the fight and look out towards dock. I could see that

of a swimming dock (which sits in front of

residence) was a single person blue pontoon boat with paddles. I

recognized that boatas

the same boat that had been us·same night I had contacted him on the 4th. I looked towards

residence and noticed that the blue pontoon boat was ................ "'_.. .....

shore. I could see that the male on the boat resembled The male

on the boat did not pear to be fishing. He repeatedly paddled his boat to

keep it facing residence.

I asked to step away from the lake and to stay near or in his home.

agreed but advised me that he had his ready ifposed any more direct threat to him. I asked to leave his gun in his

residence and informed him. that I would contact Sgt immediately.

I finished my call with and contacted Sgt Sgt had

.1rrived to the juvenile fight call shortly after I had received the phone call

1



from

ofMr

(

I watched

call.

(

the whole time while I informed Sgt

Sgt took over observing

with the fight that had occurred.

while I completed my investigation

I did have a concern re-entering onto my boat. I was scheduled to be on

the lake till after 2030 hrs due to a swim race on the lake. The race was

sponsored by Above the Bar.

Sgt advised me to go onto the boat and stay clear of if

possible. By the time I got back onto the boat, had moved his

boat towards the center of the swimmers. I maneuvered the police boat

oppositeof

for a ·odof

time until he paddled back to his dock.During that time, would look at us for periods of time.

Eventually, I noticed that another person was talking to . .That

person stayed with until Ofc and I cleared the lake.

When Ofc and I cleared the lake and walked up to our patrol

vehicle, I located Chief Milosovich (Renton Police Department) sitting in

his vehicle. We talked with Chief briefly before we left the area.

This concludes my supplemental.

By affixing my electronic signature below in the form ofmy type written

name, I certify under penalty ofperjury under the laws of the State of

Washington that this report is true and correct.

Ofc

Dated this 9th day ofJuly, 2010, in the City ofKent, Washington.

2



Applicant

PrimarySidearm:

SecondarySidearm:

(Renton Police Department

Firearm Authorization

ID Number Current ASsignmentI

l o )'3&; ''8i-hz o l 6 .

I request authorization to carry the f<j[[owing sidearm· in l i ~ u of, or in addition to, an

issued sidearm.

Name of Barrel Armorer'sManufacturer Tvoe Model· Caliber Lenlrlh Serial Number Initials

·I request authorization to carry the following sidearm(s) in addition to my primarysidearm, as provided in Renton Police Depwtment General Order 1.3.12, as last

amended.

Name of ·BiJ.rrel Cartridge Armorer'sManufacturer Tvoe Model Caliber L e n ~ r t h Caoacitv Serial Number Initials

.Glot.J(. Afl-D' .?-;;/ ;LKJ 3.ZS" q -FDU ~ L f ? l ~I

I will. carry each.secondary sidearm on my person in the following manner:

v.t:.+bb \424-t..r:: i

3 /dorr-JYate ·

Range master's S t a ~ e m e n tI attest that the above identified firearm(s) ( . f in number), meet .the spepifications of theRenton Police Department General· Ord.er 1.3 .1_2, la s

11ast . amended, and that the applicant

demonstrated the required proficiency on 3_5/o&- .-----,D""'at:-"'e...l.f-""''!.J,.'-'-'-

The manner of carrying the secondary sidearms(s) is approved, [ . J with, ormodification. (Described any modification.)

[<J without/

Rangema_ster's Signature3 / ~ / o f 5

Date

I

Administrative Services Division

The above identified sidearm(s) ~ h a v e been entered in the applicant's "Equipment Inventory"a n ~ a r e authorized for use, effective D3 o . . : s " - 6 ~DateG:d n E q u l p m ~ l !nvonlo,y "'"""by'.~ ~ ~ Initials

· ASD Commande r's Signature '"

RPDOM ~ 1 / 0 8 / 8 9 White - Admini strativ e Services Division Yellow - Applicant Pink - Armorer



--. (

Applicant

Renton Police Department

Firearm Authorization

ID Number Current Assignment Date of Request

Primary

Sidearm:

SecondarySidearm:

I request authorization to carry the following sidearm in lieu of, or in addition to, pn ·issued sidearm.

Name of Barrel ,Armorer'sManufacturer Tvoe Model Caliber Lenlrth Serial Number Initials

~ < ( -Jte ~ t:.-(lc:770CliLJ ~ s

I request authorization to carry the following sidearm(s) in addition to: my primarysidearm, as provided in Renton Police Department General Order 1.3.12, as last

amended.

-.Name of Barrel ·CartridgeManufacturer Tvoe Model Caliber L e n ~ r t h Caoacitv Serial Number

( ? - \ ~ c K . . z ~ ·91M.M. Ia EWNO IO us..

· I will_carry each secondary sidearm on my person in the following manner:

. t! .(+ 'It" IV\- tJ r . I ns. '- t- .s ,.:.t__

cLJJtrzfzoo'=t.ate .

Rangemaster' s S t ~ t e m e n t

Armorer'sInitiais

e ._

I attest that the above identified firearm(s) ( _ : - - : : - ~ - - in number), meet the specifications of the'Renton Police Department General Order , 1.. 2, as last amended, and that the _applicantdemonstrated the required proficiency on _ 4 . ! . . . 1 . . - ' i S ' ~ 0 = , - - 1 ~ - -

The manner of carrying the secondary sldearms(s) is approved,modification. (Described any modification.)

·'

Rangemaster's Signature

Administrative Services Division

with, or [{(1 without

t-1/l'l (DqDate

::;:..- The above identified sidearm(s) has/have been entered in the applicant's "Equipment Inventory"· . · and is/are authorized 'for use, effective (J Ytqczq

Date .

. : ; ; : : ~ m t o e y >oooro by'

ASD C o m m a n d e ~ '

OLfJ.'&?Cf' Date·

ct)2-((/o 1. Da.t'e

: . ·_:.. · RPD064. 11/08/89 ·White - Administrative Services Division Y:ellow -Applicant Pink - Armorer



I,

.NCDOLDB7228RE500.FN.WA01713RO.J

PERSONAL NAME AND CURRENT PHYSICAL ADDRESS:......UNKNOWN

1 Washington

PERSONAL IDENTIFICATION INFORMATION:

ETHNIC:

GENDER: N/A

WEIGHT: lb s

HEIGHT:

EYE COLOR: Unknown

HAIR COLOR: Unknown

US CITIZENSHIP: NO

ALIAS NF..ME INFORMATION:

ALIASID :

ALIAS N.A.ME:-- ALIAS END DATE:

CONCEALED PISTOL LICENSE INFORMATION:

CPL NUMBER:

REPLACEMENT CPL NUMBER:

DAT.E OF ISSUANCE:

DATE OF EXPIRATION:

LICENSE STATUS: ·

ISSUING LEA:

ALIEN FIREARMS LICENSE INFORMATION:

ALIEN FIREARMS LICENSE:

ALIEN FIREARMS EXP DATE:

INELEGIBLE TO POSSESS FIREARMS:

No record found.

RELATED RECORDS:

No record found.

DESCRIPTION OF CURRENTLY OWNED FIREARMS:SERIAL #: EWN010US

INC. CALIBER: 9 !'1MGU!'-l TYPE: SEMIAUTOMATIC PISTOL BARREL:

SELLER: RYAN 1 NORMAN JOHN

D

7/12/2010 1i:02:41

NCIC: GLC MF-.KE: GLOCK

CONDITION: USED

PUR/DATE: 03/30/2009





( Go5\0

Renton Police

Officers' GuildGrievance /Issue

[gJ Commissioned

D Non-commissionedrievant:

Guild Representative: RPOG Vice President Craig SjolinI f lank, then the RPOG Vice President is the representative

STEP 1: Submit to Division Commander within 20 days of the date that you knew or

should have lrnown about the action precipitating the grievance I issue.

Describe the grievance I issue that you wish to see addressed:

This letter serves as the Step 1let ter notifying the City that the Guild is grieving the terinination

of The Guild believes that Officer- termination was inviolation of Article 16 of the collective bargaining agreement that requires just cause for

discipline including termination. As a remedy the Guild is requesting that Officer- be

reinstated as a police officer with the City ofRenton and that he be made whole for his losses.

Pursuant to the grievance process set forth in the CBA the Guild is filing this grievance at Step 1;

however, because this is a discipline case where the decision was made by the Chief, the Guild to

is willing to skip some of the steps of the process and to submit the grievance to the Mayor. If

the City is agreeable to this approach please notify the Guild.

Grievant's signature.

. \.)I U(__Q c , , ~ .

RPD088- RPOG Grievance Form 10/1/2003 PAGEl



Response ofDivision Commander Within 15 days.

Division Commander's response and the reasons for this response:

Division Commander's signatwe

Grievant accepts response? 0 Yes, 0 No

Signature ofGrievant Date

Date

Guild Representative accepts response?

Signature ofGuild Representative

STEP 2: I f not satisfied, submit to the Deputy Chiefwithin 15 days.(Note: Grievances/issues submitted by the Renton Police Officers' Guild commence at step 2.)

Explain the reasons that you do not accept the response:

Grievant's signature Date

0 Yes

0 No

Date

RPD088 - RPOG Grievance Form 10/1/2003 PAGE2



Response of Deputy Chief, within 15 days.

Deputy Chiefs response and the reasons for this response:

Deputy Chief's signature Date

Grievant accepts response? 0 Yes

0 NoGuild Representative accepts response? 0 Yes

0 No

Signature ofGrievant Date Signature ofGuild Representative Date

STEP 3: I f not satisfied, submit to the Chief of Police within 15 days.

Explain the reasons that you do not abcept the response:


RPD088- RPOG Grievance Form 10/1/2003 PAGE3



Response of the Chief of Police, within 15 days.

Chiefs response and t ~ ~ = ; ~ ~ r . . f t ] o n s e :. - t v ' J ~ j v ~ ~ . 4 .~ d ~ - j " i 0 ~ . {/Al)

ChiefofPolice signature Date

Grievant accepts response? D Yes Guild Representative accepts response? 0 Yes

D ~ 0 ~

Signature ofGrievant Date Signature ofGuild Representative Date

STEP 4: I f not satisfied, submit to the Mayor within 15 days.

Explain the reasons that you do not accept the response:


RPD088- RPOG Grievance Form 10/112003 PAGE4





SETTLEMENT AND LAST CHANCE AGREEMENT

The City of Renton (the City}, - and th e Renton Police Officers

Guild (Guild) enter into the following Settlement and Last Chance Agreement ("Agreement"):

I. RECITALS

A. -wa s mployed by the City until his termination, effective October 26,

2010.

B. The Guild filed a grievance, contesting- termination. The City

responded, assertingt h a t - was properly terminated under Article 16 of the parties'

collective bargaining agreement.

C. The parties now desire to settle their dispute and any claims stemming from

-employment with and termination from the City.

II. AGREEMENTS

In consideration ofthe mutual covenants and promises contained herein, th e parties

agree as follows:

A. - will be reinstated to employment with th e City under the terms and

conditions se t forth herein effective January 10, 2011, provided the City,- and the Guild

have signed this agreement, on or before January 10, 2011. -termination will be

changed to reflect an unpaid suspension from October 26, 2010; through January 9, 2011.

B. There will be no back pay or benefits for the time period covering th e

suspension. Any sick leave balance remaining on October 26, 2010, will be reinstated.

C. The Guild will withdraw th e grievance described above.

D. -hereby eleases and forever discharges the City ahd its affiliates,

subsidiaries, successors, assignees, partners, agents, officers, directors, employees, associates,

and representatives, and former partners, agents, officers, directors, employees, associates,

and representatives, from any and all claims, demands, liabilities, and causes of action of every

kind, whether known or unknown, stemming from or in any way related to ei ther

employment by the City or its decision to terminate his employment, including, but not limited

to , any and all claims which are, or may be based upon or connected in any manner with any of

the matters referred to or encompassed in the grievance described above, as wel.l as the

allegations assertedon- behalf by his personal attorney. This release specifically

SETTLEMENT AND LAST CHANCE AGREEMENT -1 of 4



covers any and all claims- may have under any federal, state, or local laws that prohibit

unfair employment practices ·or employment discrimination, including, but not limited to, the

Civil Rights Act of 1871, 42 U.S.C. §1983; the-Washington Law Against Discrimination, RCW

49.60 et ; t h e National Labor Relations Act, 29 U.S.C. § 158(a}(3); the Equal Pay Act, 29

U.S.C. Section 206(d); Title VII of the Civil Rights Act, 42 U.S:C. Section 2000(e) et ; t h e Civil

Rights Act of 1866, 42 U.S.C. Sections 1981 et ; t h e Americans with Disabilities Act, 42 U.S.C.Sections 12111 et ; t h e Fair Labor Standards Act, 29 U.S.C. Section 201 et ; t h eEmployee Retirement Income Security Act of 1974, as amended, 29 U.S.C. Section 1001 et ;the Washington Minimum Wage and Hour Act, RCW 49.46 et t h e Washington Consumer

Protection Act ("CPA"), RCW 19.86.010 et seq.; any action for unpaid compensation based on

RCW 49.48 or 49.52; and any and all other statutory and common law causes of action, and any

claims under any express or implied contract. This release is intended to be all encompassing,

and to fully resolve all matters and relations b e t w ~ e n the parties up to the date- signs

this Agreement.

E.As a condition of continuing emp l o ymen t , - agrees to the following

provisions:

1. To continue with and satisfactorily complete his treatment plan and any

amendments thereto from the and to provide the City

with a copy of the Plan prior to his first day of re-employment. - agrees tha t the

City may obtain information regarding his participation in and completion of the

treatment program required by this Agreement. -w il l execute any authorization

or release that may be required by the Recovery Center before sharing information with

the City.

2. To submit to random alcohol/drug testing for a period of 18 months. This testing

will be administered by the Renton Police Department and/or the Human Resources

Department.

3. To meet with representatives of the Kent Police Department as select.e'd by the

Kent Police Department to apologize for his actions and commit to restorihg trust with

the Department.

4. To abstain from any misconduct, including actions 'that cou.ld reasonably be

interpreted as threatening, intimidating, abusive or offensive to co-workers, members

ofthe public, or other law enforcement jurisdictions; using his position as a policeofficer to gain favors from the public or other law enforcement agencies; and, failure to

follow lawful orders when instructed to do so by a law enforcement officer.

5. -agrees hat he will continue to be subject to all of the City's

employment practices and procedures and may also be disciplined or terminated at any

time in accordance therewith.

SETILEMENT AND LAST CHANCE AGREEMENT- 2 of 4



F. The Guild a n d - agree that in the event of a violationby- of th e

provisions of Section E 1-4 of this Settlement and Last Chance Ag r e em e n t , - will be

immediately terminated. - a nd he Guild may grieve whether a violation occurred bu t

- a nd he Guild may not grieve, and hereby waive, any dispute regarding theappropriateness of termination in the event of a sustained violation.

G. · NeLther this Agreement nor the City's willingness to reinstate- under the

terms of this Settlement and Last Chance Agreement shall in any way be construed as an

admission by th e City that it has acted wrongfully with respectto- or any other person.

This agreement shall have no precedential affect. ·

H. -represents hat he has no pending complaints, charges, lawsuits, or

claims against th e City with any government agency or any court.

I. -w i ll keep the terms of this Agreement confidential, except for

communications about it with the Guild, his attorneys, and with members of his immediate

family. -further agrees to take all reasonable steps necessary to ensure that

confidentiality is maintained by any of the individuals referenced above to whom disclosure is

authorized.

J. If any provision of this Agreement is determined to be invalid or unenforceable,

all of th e other provisions shall remain valid and enforceable notwithsta!lding, unless th e

provision found to be unenforceable is of such material effect that this Agreement cannot be .

· performed in accordance with the intent ofthe parties in the absence thereof.

K. All parties have had a full and complete opportunity to review this Agreeme.nt,

and have been given th e opportunity to have counsel review it. Accordingly, the parties agree

that the common law principles of construing ambiguities against the drafter shall have no

application to this Agreement.

L. This Agreement is intended to be a full and final resolution of this matter and

sets forth the entire agreement between the parties. Interpretation of this Agreement shall be

under Washington law. Should it become necessary to enforce th e terms of this Agreement,

th e parties agree that any such ac tion shall be brought in the state of Washington. In any such

action, the substantially prevailing party shall be entitled to receive reasonable attorneys' feesand costs.

M. -through his signature below, warrants that {1) he has discussed the

terms of this Agreement, and in particular the release, with his personnel attorney or Guild

SETTLEMENT AND LAST CHANCE AGREEMENT- 3 of 4



Representative; {2) he unders.tarrds the scope and intent of the release; and (3) he intends by

signing below to full y and finally resolve all matters between him and the City.

N. At all times during the negotiation of the terms of this Agreement, Aitchison &

Vick has acted as the attorney fo r the Guild and not is aware that hisindividual rights are affected by this Agreement and has had the opportunity to consult with his

own personal attorney.

DATE

Renton Police Officers Guild

DATE

DATE/ I

SETILEMENT AND LAST CHANCE AGREEMENT- 4 of 4





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Fab j o Fan t a 2 5 3 - 6 3 0 - 0 7 0 0

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Attention: Kevin Milosevich

Chief of Police, Renton Poljcc Department

Fax: (425) 430-7508

From:

1 1 - 0 2 ~ 2 0 1 0 @1030 hrs.

p . 1



Fan t a 2 5 3 - 6 3 0 - 0 7 0 0(-

To: Kevin Milosevich

Chief of Police, Renton Police Department

F r o m ~1 1 - 0 2 ~ 2 0 I 0 030 hrs.

Subject; Revocation of he separation agn::er:nent.

At this time I am exercising my right to rcvQkc my acceptance of l:his separation

agreement as l a l e d in line 7 subsection c.

p .2









F an t a

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SEPARA-OON AGREEMENT

Ibis separation agreement (hereinafter referred to as 11Ab,m.."emeni") is made effective as set forth

below, by and between the City ofRcnton (""Renton")an (hereinafter referred toa..:;·-In consideration of he mutual promises contained in this

g r e e m e n ~Rentonand- agree

as follows:

I. Renton will treat tennination as a. :resignatlon in lieu of tenninati

the resignation effective the en d of u s i n e s . . ~ October 25, 2010.

/2. Renton agrees t.o payfor- COBRA cosL<> through Feb 2010. will be

required to complete the necessary paperwork allowing the City to provide h ' i ~ ~ .3.-agrees that the benefits se t forth in this Agreement are nQt benefits that he would

otherwise be entitled to under existing employee benefit plans provided by Renton. The COBRA

payments set forth herein will be made irrespective ofwhe her- accept.<> other employment.

4 . accepts th e benefit."' contained in this Agreement in full satisfaction of all his rights and

interests relating to his employment with Renton and, in consideration therefore, hereby

releases Renton. its f f i l i a t e ~ successors., past and present officers) directors, agents. and employees

from all claims (other than claim.'> for the payments provided for under this Agreement). causes of

action or liabilities. suspected or unsuspected and irrespective of any present lack ofknowledge of any

possible claim or of any fact or circum..,..tancc pertaining thereto, which may have or claim to

have against Renton arising from or during his employment or as a result of his separation fromemployment, including, bu t not limited t.o, disability claims under state law, claims ofdiscrimination

based on race, color, national origin, sex, marital status. age (including lhc Age Discrimination in

Employment Act) or physical or mental disability under any federal, state, or local law, rule, or

regulation; claims under state or federal law governing the payment ofwages; and claims under any

express or implied contract or l"gal restrictions on Renton•s right to terminate its employees.

hereby covenants not to , ~ < > ; e r t any such claims or causes of action. "Ibis release applies to all claim..<;

which arose up to the date of his Agreement.

5 represents that he has not filed any complaints. charges or lawsuits against Renton

with any governmental agency or any court, and that he will no t do so at any time hereafter.

6. represents that he has read, considered. and fully understands this Agreement and all

its terms. and executes it frccly and voluntarily_

7.-acknowledges that:

a. Pursuant to a.pplicablc law. he has been offered the opportunity to review a copy of thisAgreement for a perit,)d of twenty-one (21) days (the "review periodu); and has agreed to waive

the "review period..,

b. Renton advised at the beginning of the review period to consult with an attorneyconcerning the tcnns and conditions of lhis Agreement, including wilhout limitation the relea...e

I 0127/20 I 0 4:

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se t forth in this Agreement; an d

c. The terms and conditions of his Agreement have not been amended,. modified, or

revoked during the review period. and enton agree that shall have seven.

(7 ) calendar days (the "revocation period") following th e date on which he signs thi.'> Agreement

to revoke his acceptance of this Agreement and the release se t forth in this Agreement, and this

Agreement shall not become effective until the revocation period h a . ~ expirecl

8 . agrees not to make any d i s p a r < ~ g i n g or dL•mgatory statements about Renton, it s

employees, representatives and ato,JOCnL'>. Renton agrees not to make any disparaging stalcinCnL.:; about

and will chaiactcrizc the separation a.•; a resignation

.9. represents hat in entering into this Agreement, he docs not rely and has not relied

upon any representation or statement made by Renton or any of to; employees or agents concerning

this Agre:ement.

10.- a g r e e . . ~ that he will not give, commWlicate, use. <.lr < . l t h e r w i ~ disclose in any way any

confidential or proprietary infonnation of Renton including Rentma"s d(">Cuments and records as well

as , without l i m i t a t i o n ~ information of a confidential nature which i'> of value to Renton. If his

provision is breached, Renton shall be entitled to seek injunctive reliefagainst- and other

persons working directly or indirectly with him, as well a.'i any of the relief to which Renton may beentitled_

11. This Agreement is intended to constitute a full and final resolution of this matler.

Interpretation of this Agreeml.'lnt .shall be under Washington law. If any such aclion is necessary to

enforce the tenns of his g r c c m e n ~ the substantially prevailing party shall be entitled to receive

reasonable attorneys' fees an d costs.

Date t t J ~ Z . 1 - Zoro e 1&11 hrs.

Nancy A. Carlson, Administrator

Human Resources & Risk Management Dept.

RENTON POLICE OFFJCERS' GUILD

Mark Coleman, President Date

f3 10/2712010 4:

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F a b j o F a n t a

(2 5 ~ - 6 3 0 - 0 7 0 0 p .4

llttp..'l::l nm J LgOOgiC.{ 'ffiallf ";':tUUIFV. I D l ~ 1 . L O C I C I : > O < J ~ Q < f L ; : r . J

TO WHOM IT MAY CONCERN:

worked for the Renton Police Department for l m o ~ 1 . four years. During this time he

W:LS a productive Officer with no discipline in his record. In June and July of20IO it is apparent lhat~ began to experience some difficulties in his personal life. These difficulties lead to~ o u t in a manner that required the attention of a neighboring police departmenL The

Renton Police Depai:lmt;!nt policies arc such, that we no longer believe he can be an effective Office

with the City of Renton. Thi.<> statement is no t meant to be a judgment on how well Officer-may or may not perform for another police agency.

10/27/2010 4:0



F a n t a

Attention: Chief Kevin Milosevich

ChiefofPolicc, Renton Police Department

Separation agreement.:

l accept the terms of this agreement.

2 5 3 - 6 3 0 - 0 7 0 0 p. 1

(





To ChiefMilosevich.

Chief ofPolice, Renton Police Department.

This is in response to the Separation Agreement that was e-mailed to me on 10-12-2010@20:21 hrs. I respectfully request that this agreement be negotiated.

I request the following:

* The benefits be extended until April30, 2011.

*I do not waive my rights to any claims against the City ofRenton.

* That Renton agrees to a non-disclosure I confidentiality agreement not disclosing the reason for

my separation.

*That I retain the 21 day review period stated in the original agreement so that I and my attorney

can be properly prepared to make an informed decision regarding this separation.

* At this #me, I do not have access to the investigation package. I have been advised by counsel

that without this critical information I do not have the necessary tools. to prepare adequately for a

response to this Separation Agreement.

Thank you for your consideration,



SEPARATION AGREEMENT

This separation agreement (hereinafter referred to as "Agreement") is made effective as

se t forth below, by and between the City of Renton ("Renton") and

(hereinafter referred to as·-In consideration of the mutual promises contained in this Agreement, Renton and

- agree as follows:

1. Renton will t r ea t - termination as a resignation in lieu of termination,

and shall make the resignation effective----'--------

2. Renton agrees to payfor- COBRA costs through December 31, 2010.

-w i ll be required to complete th e necessary paperwork allowing the City to provide this

benefit.

3. -agrees ha t the benefits se t forth in this Agreement are not benefits

that he would otherwise be entitled to under existing employee benefit plans provided by

Renton. The COBRA payments se t forth herein will be made irrespective of whether

. accepts other employment.

4. -accepts he benefits contained in this Agreement in full satisfaction of

all his rights and interests relating to his employment with Renton and, in consideration

therefore,- hereby releases Renton, its affiliates, successors, past and present officers,

directors, agents, and employees from all claims (other than claims for the payments provided

for under this Agreement), causes of action or liabilities, suspected or unsuspected and·

irrespective of any present lack of knowledge of any possible claim or of any fact or

circumstance pertaining thereto, which- may have or claim to have against Renton

arising from or during his employment or as a result of his separation from employment,

including, but not limited to, disability claims under state law, claims of discrimination based on

race, color, national origin, sex, marital status, age (including the Age Discrimination in

Employment Act) or physical or mental disability under any federal,state, or local law, rule, or

regulation; claims under state or federal law governing the payment of wages; and claims under

any express or implied contract or legal restrictions on Renton's right to terminate its

employees. -hereby covenants not to assert any such claims or causes of action. This

release applies to all claims which arose up to the date ofthis Agreement.

4. -represents hat he has not filed any complaints, charges or lawsuits

against Renton with any governmental agency or any court, and that he will not do so at any

time hereafter.

5. -represents hat he has read, considered, and fully understands this

Agreement and all its terms, and executes it freely and voluntarily.



Separation Agreement

p. 2 of 3

6. - a c k n ow l e d g e s that:

a. Pursuant to applicable law, he has been offered the opportunity to

review a copy of this Agreement for a period of twenty-one (21) days (the "reviewperiod"); and has agreed to waive the "review period/'

b. Renton advised- at the beginning of th e review period to consult

with an attorney concerning the terms and conditions of this Agreement, including

without limitation the release se t forth in this Agreement; and

c. The terms and conditions of this Agreement have not been amended,

m o ~ i f i e d , or revoked during the review period. - a nd Renton agree t ha t

shall have seven (7) calendar days (the "revocation period") following the date on which

he signs this Agreement to revoke his acceptance of this Agreement and the release se t

forth in this Agreement, and this Agreement shall not become effective until therevocation period has expired.

7. -agrees o maintain the confidentiality ofthis Agreement.

8. - represents that in entering into this Agreement, he does not rely and

has not relied upon any representation or statement made by Renton or any of its employees

or agents concerning this Agreement.

9. -agrees hat he will not give, communkate, use, or otherwise disclose in

any way any confidential or proprietary information of Renton including Renton's documents

and records as well as, without limitation, information of a confidential nature which is of value

.to Renton. If this provision is breached, Renton shall be entitled to seek injunctive relief

against- and other persons working directly or indirectly with him, as well as any of the

relief to which Renton may be entitled.

10. This Agreement is intended to constitute a full and final resolution of this matter.

Interpretation of this Agreement shall be under Washington law. If any such action is necessary

to enforce the terms of this Agreement, the substantially prevailing party shall be entitled to

receive reasonable attorneys' fees and costs.

Date



Separation Agreement

p. 3 of 3

CITY OF RENTON

Nancy A. Carlson, Administrator Date

Human Resources & Risk Management Dept.

RENTON POLICE OFFICERS' GUILD

Mark Coleman, President Date



Documents

66 _Renton Police Department Public Records