FILED 16 DEC 05 PM 4:13 The Honorable Hearing DaeudaatenewTw?a Hearing am. CASE NUMBER: 15-2-09687-' SUPERIOR COURT OF WASHINGTON IN AND FOR KING COUNTY AMY SHOBLOM, individually, DIANA NEFF, individually, and LOU CABALLERO, individually, No. 15?2?09687?7 SEA Plaintiffs, SECOND DECLARATION OF SHERIFF URQUHART IN SUPPORT OF v. MOTION FOR SUMMARY UDGIVIENT KING COUNTY, Defendant. I, Sheriff John Urquhart, declare: 1. Declarant. I am the Sheriff for the King County Sheriff?s Of?ce (KCSO). I am over 18 years of age, have personal knowledge of the facts set forth in this declaration and am competent to testify to them. 2. IIU Annual Report. Pursuant to King County Council Motion 14002, the Sheriff?s Office releases an annual report to the public detailing complaints against members of the Sheriff?s Office. A true and correct copy of the Internal Investigations Unit 2015 Annual Report is attached hereto as Exhibit 1. 3. July 2016 FBI Complainant. In approximately July 2016, I learned from Captain Jesse Anderson and Sergeant Mike Mullinax that the FBI apparently received a complaint from someone I have known for years alleging that I sexually assaulted her more than WINTERBAUER DIAMOND PLLC 3200 Fifth Avenue, Suite 2700 Seattle, Washington 98101 (206) SECOND DECLARATION OF SHERIFF URQUHART IN SUPPORT OF MOTION FOR SUIVIMARY JUDGMENT 1 Telephone: SEA decade earlier. This allegation is false. I worked with that person for a period of time in the early 20003, including serving as the sergeant for the squad 011 which she worked. She and I always had a positive work relationship, and I considered her a friend. When I decided to run for Sheriff, she supported my campaign and communicated with me several times about her support of me and my campaign. For more than a decade there have been rumors at KCSO that this person and I had an affair. We have both always denied that allegation because it is false. Attached hereto at Exhibit 2 is a true and correct copy of several communications I had with this person and which reflect that we have been friends, that the affair rumors are false, and that she was a consistent supporter of me as a person and my campaign for the position of Sheriff. Attached here are true and correct copies of the following additional exhibits, in which the same person expressed her continued support of me: Exhibit 3: a report from IIU 2002?099, in which at page 3 she also addressed the false rumors of an alleged affair; (ii) Exhibit 4: the transcript from an interview she gave to investigators; and (0) Exhibit 5: portions of a deposition she later gave in which, again, she expressed support WINTERBAUER PLLC 1200 Fifth Avenue, Suite 1?00 Seattle, Washington 98101 Teiephone: (206) 6?6?8440 SECOND DECLARATION OF SHERIFF URQUHART IN SUPPORT OF MOTION FOR SUMMARY IUDGMENT - 2 declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. SIGNED this 5th day of December, 2016, at Seattle, Washington. Sheriff John Urquhart WINTERBAUER DIAMOND PLLC 1200 Fifth Avenue, Suite WOO Seattle, Washington 98101 (206) 676H8440 SECOND DECLARATION OF SHERIFF URQUHART IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 3 Telephone: EXHIBIT 1 KING COUNT SHERI rs OFFICE INTERNAL INVESTIGATIONS UNIT n" . . .. I I A MESSAGE JOHN URQUHART It is my pleasure to presentthe'King County Sheriff? 5 Of?ce Internal Investigation Unit (HU) Annual Report for 2015. This is the. third annual report created purSuant to. King County COUncil Motion 14002,,andit is a continuation of our work to provide consistent; standard reports for the public. This .?document contains 2015 statistics for complaints against members of the Sheriff?s Of?ce generated both internally and externally as well as information on-their investigations and ultirnate adjudications. Furthermore, this report contains informaticm on uses of force, as well as deputy ?training related statistical information as requesth by Council'Motion 13734. - I In this repOrt we continue our ?apples to apples? contparisbn of statistics from the prior two years, allowing us to identifyr baselines-for normal internal investigatibns activity in the Sheriff?s Of?ce; We will continue to use this information to identify trends that will help ensurestri?ct accountability in the Sheriff?s Of?ce. One trend" from 2014 to 2015 is an increase in allegations of excessive force against department members. These allegations are juxtaposed against the fact that?Sheriffs Office deputies actually used force almost an identical number of times from 201.4 to 2015 - 1?84 and 185, respectiVely. The higher number of complaints may be due to today? more volatile relationship between the police and the public, butI don?t know for Sure; .Whatl ean promise is we thoroughly and objectively review every instance of a deputy?s force against the public, regardless of whether a complaint is lodged. Use of force in police work is inevitable, bUt itshould be the last resort, not the ?rst. And even then, it should be the minimum amount of force necessary to achieve a lanul purpose. I amnow in the'third year of my first full four-year term as King County Sheriff. My message to the members of the Sheriff?s Of?ce has been consistent: in order to main the public?s- trust and- con?'dencein? us, we must first. strive to hold ourselves accountable. This attitude honors each other, and it honors our profession. Everyone, in the Sheriff?sO?ice is expected to treat people withdignity and respect, no. matter their status or situation. By and large, 1 have found that my people honor these values. i - I am proud of thework put into creating this report for the Council?s review. It is my hope that we can continue constructively working together in?ordcr to elevate King COunty?s resident?s? tr?st in its police department, as well as to Support and elevate the profession'as a whole. It is an honor and privilege to serve as your Sheriff. - - - respectfully, Jo Urquhart Sheriff I TABLE OF CONTENTS . ?7 - . Page THE KINGCOUNTY 1NTERNAL INVESTIGATIONS UNITINVESTIGATIONS UNIT . POLICY .. 2 COMPLAINT INTAKE AND INVESTIGATION .. 3?12 OF COWLAINTS. . 13 DISCIPLINE AND CORRECTIVEACTIONS ..-. . 1'4 I TRAINING RESOURCES AND PROGRAMS .. 15-16 CRIMINAL INVESTIGATIONS INVOLVING EMPLOYEES . 17?13 USEOFFORCE .. 19 TRENDS AND RECOMMENDATIONS 20-21 ADDENDUM ?fA? The King County Sheriff?s Of?ce Internal Investigations Unit The King'County Sheriff?s Of?ce Internal Investigations Unit'is responsible for ensuring all complaints of misconduct involving Sheriff?s Of?ce employees are properly investigated. The unit receives complaints, completes investigations into serious misconduct allegations, reviews investigations by ?eld supervisors, and facilitates the adjudication of allegations. The lntemal Investigations Unit is staffedby one Captain who. serves as unit commander, four detective sergeants who conduct investigations and one Human Resources Associate who manages administrative functions. The unit with the King County Of?ce of Law Enforcement Oversight (OLEO), the King County Ombudsman?s Of?ce and the King County Prosecutor?s Of?ce. The goals of the unit are to provide: 0 Accountability in managing complaints of misconduct. A transparent process that supports the rights of our residents and department members. 0 Identi?cation of areas where training may be appropriate. 0 A timely system of review, outcome, and noti?cation to everyone involved. The men and women who are assigned to the Internal Investigations Unit take their responsibilities seriously and are dedicated to ensuring the public?s trust and con?dence in the King County Sheriff?s Of?ce. The unit also ensures the rights of King County Sheriff?s Of?ce employees are protected and all persons involved in a complaint are treated with dignity and respect. Internal Investigations Unit Policy Statement A law enforcement agency must maintain a high level of personal and of?cial, Conduct if it is to commandand deserve: the respect and con?dence ofthe public serves. Rules. andrregulations governing the conduct of members of the Sheriff?s Of?ce ensure the high standards of the law enforcement profession are maintained. The purpose of section 3.03 .600 of the General Orders Manual is to provide guidelines concerning the investigationsfof alleged misconduct. It is the Sheriff?s Of?ce policy and fairly investigate. allegedmisconduct involving'its members. Supervisors and Commanders who are assigned to review complaints shall ensure that all complaints are appropriately investigated-and documented according to the procedures established this policy. Nothing in this policy prohibits a supervisor or command staff member from taking corrective action if they observe a circumstance thafrequires immediate attention. . . Complaint Intake and Investigation King County Sheriff?s Of?ce employees are expected to maintain the highest level of personal and professional conduct. The King County Sheriffs Of?ce General Orders Manual provides clear guidelines and instructions to Sheriff? 3 O?ice employees concerning their conduct and - . responsibilities. das- All complaints about Sheriffs Of?ce employees are classi?ed into two categories;- Major Complaints and Minor Complaints. Major Complaints are those complaints that, sustained, will likely result in suspension, demotion, termination or the ?ling of criminal charges. Minor Complaints are those complaints that, if sustained, may lead to discipline up to written reprimand or be handled outside the disciplinary process training, counseling). In 2015, the King County Sheriff?s Of?ce received seven hundred and forty-nine (749) total complaints. Investigation Type 2011 2012 2013 2014 2015 Major Complaints 14 114 171 300 299 Minor Complaints 257 510 514 503 450 Total Complaints 271 624 685 803 749 Table 1 note: Minor Complaints include Supervisor Action Logs (an entry into Blue Team used to document a supervisor action related'to observed or reported minor . policy infractiOns) and Noannvestigative Matters (a concern expressed by a citizen that, if true, is not an allegation of misconduct). Complaints are received from a variety of sources, both internally and externally. While the majority of complaints received are ?om citizens, a signi?cant number of complaints are generated internally by Sheriff" s-Oftice members. Seurce of Complaint 2011 2012 2013 2014 2015 Citizen 42 224 401 402 410 Department (Internal) 27 94 264 373 320 Inmate 0 3 2 2 0 OLEQ 0 3 0 0 Other Law Agency 2 12 I 10 12 4 Ombudsman 0 3 0 (J 0 No Entry 190' 285 7 14 15 Total 271 624 685 803 . 749 Table 2 3 . Complaints in 2015 were received from every King, County Sheriff's Of?ce location with the I majority of complaints coming from the unincorporated arca of King County. Complaint Location 2011 2012 2013 2014 2015 1' No Entry 13 19 38 40 49 Burien 8 32 26 52 41 Carnation 0 0 0 2 2 Covington 2 9 1-4 8 11 Kenmore 6 8 12 14 0 I King County 0 0 0 4 6 King County Airport 41 12 7 8 1.1 MapleValley 2 14 14 26 Metro Transit 16 31 36 41 39 Muckleshoot 4 5 3 2 Newcastle 0 - 1 9 5 North Bend 1 1 3 0 5 Sammamish 4 15 16 16 26 SeaTac 7 3s 34 52 35 :3 shoreline 13Skykomish Sound Transit 6 19 9 29 1.1 Unincmporatcd 173 384 429 453 43 Woodinville 6 9 6 - 9 9 TotalTable 3 There forty (40). different categories of allegations. Table _4 shows five (5) of the mest common categories of allegations. The complete list of allegations is shown in AddendumA. Allega?on 2011 2012 2013 2014 2015 Use ofAuthority 7 44 49 - 54 44 COurtesy 46 132 149 157 177 Excessive Force 8 37 63 62 9-1 Violation of Rules 36 90 156 222 183 Performance below Standard of Others . Table 4 7 1 4 With the help of the Early intervention System, the King County Sheriffs Of?ce proactively identi?es employees whose performance exhibits potential problems. In response to identi?ed issues, the Sheriff?s Of?ce provides inteTVentions, usually in the form of counseling or training, to correct those concerns. Table 5 lists the Sheriff?s Of?ce employees who had three (3) or more major complaints in 2015. Table 6 shows the employees who had eight (8) more major complaints over the last three (3) years. Employees with three (3) or more complaints in 2015 Number of Complaints Outcome of the Complaints Employee 1 12 -Employee had four sustained complaints for performance standards and received progressive discipline, including a ten day suspension. Employee had eight Sastained complaints for violating the attendance policy and was terminated. Employee 2 10 Employee had ten complaints for performance standards. One complaint was Unfounded. One complaint was sustained and the employee received corrective counseling. Eight complaints are still in the investigatory process. Employee 3 Employee had six complaints for performance standards? three were .Unfounded and three were Exonerated. Employee had one complaint for conduct unbecoming and it was Exonerated. -Employee had one complaint for submitting a fraudulent report and it was Unfoundcd. ~Employee had one complaint for courtesy and it was Unfound ed. Employee '4 -Employec received a Sustained complaint for Sleeping on Duty and the employee was terminated. -Employee had three complaints for performance standards. Two complaints were Unfound ed. One complaint was sustained and he received a written reprimand. ~Employee receiVed an Unfoundcd complaint for making a fraudulent report. ?Employee received a Non-Su stained complaint for dishonesty. Employee 5 ?Em pl received a Sustained complaint for conduct unbecoming and was terminated. ?Employee received a Sustained complaint for ridicule and received a written reprimand. ?Employee had an Unfounded complaint for excessive force. . ?Employee had an Unfounded complaint for making a 5 false report. ?Employee had a Non?Sustained complaint for violating the EEO policy. Employee 6' Employee received a Sustained complaint for dishonesty and was terminated. -Employee received two Sustained complaints for performance standards; and received two written reprimands. ~Employee had an Enonerated complaint for ethics violation. - ~Employee had an Unfounded complaint for making a false report. Employee 7 -Employee received a corrective counseling for a Sustained complaint for failing to submit reports timely. ?Employee had two Exonerated complaints for excessive use of force. A -Employee had an Exonerated complaint for performance standards. -Employee had aNon-Sustained complaint for bias based policing. Employee 8 -E1nployec received a one?day suspension for failing to submit reports. -Employee received a written reprimand for a Sustain complaint for violations of directives, rules and policies. ~En1ployee had an Exonerated complaint and a Non- Sustaincd complaint for courtesy. . I ?Employee had aNon?Sustained complaint for conduct criminal in nature. Employee 9 -Employee received a written reprimand for a Sustained complaint of attendance. Employee received a corrective counseling memo and two letter ofreprimands for three Sustained complaints for violation .of KCSO directives, rules, policies or procedures. Employee 10 ?Employee received a one day 'su'spension'for a Sustained complaint of insubordination and making a false statement or report. - Employee had an Unfouncled complaint for performance standards. - Employee had an Unfounded complaint for excessive force and bias based policing. - Employee had a. Non-Sustained complaint for violating KCSO rules, policies or procedures. Employee 1 - Employee received awritten reprimand for a Sustained complaint of performance standards. Employee was terminated for a Sustained complaint of conduct criminal in nature. Employee had an Undetermined complaint for violation of directives, rules, policies or procedures. 6 .1. "mu . Employee 12 -EmplOyee had an Undetermined complaint for conduct unbecoming. I - Employee received awritten reprimand for a Sustained complaint for violation of directives, rules, policies or procedures. - Employee had an Unfounded complaint for excessive force. - Employee received a written reprimand for a Sustained complaint for attendance. {Employee- had a No n?Sustained complaint for violating IQCSO rules, policies ,or procedures. m-n-rp-u-vM-w-nww? . .. .. n. u. upturn??- Employee 13 Employee received a corrective counseling for a sustained complaint for failing to submit reports timelyj - Employee had two Unfounded complaints for excessive force. -Employee received a corrective counseling for a Sustained complaint for appropriate use of authority. Employee 14 -Employee received a one day suspension for a Sustained complaint of insuhordination and failing to submit reports tinicly. - employee received a two day suspension for a. Sustained complaint of insuhordination. - Employee has a? complaint for acts in violation of directives, rules, policies or procedures that is still in the investigatory process. Employee 15 +.Em_ployee. had'two Unfoundcd complaints for excessive force. I - Employee has a' complaint for ethics violation and insubordination that is still in the investigatory process. Employee '16 -Employee had two Exonerated complaints for courtesy. Employee had an Exonerated. complaint for discrimination. Employee 17 Employee received corrective counseling for a Sustained complaint of courtesy. - - Employee had an n?founded complaint for excessive force. . - Employee had and Unfounded complaint for performance standards. Employee ?Employee had an Exonerated complaint for acts in violation of directives, rules, policies or procedures. Employee had Non?Sustained complaint for bias based policing. - Employee had an Unfounded complaint for excessive force.- Employee l9 Employee had an Unfounded complaint for bias based policing. Employee had arNo Findings for a complaint for bias based policing. - Employee received corrective counseling for a 7 sustained complaint of cou11esy. Employee 20 Employee?received a corrective counseling memo for a Sustained complaint for violation of directives, rules, policies or procedures. A - Employee had aNon-Sustained complaint for violation ofdirectives, rules, policies or procedures. - Employee had a Non-Sustained complaint and Four sustained complaints for Courtesy. Employee 2l -Employee received a on e?day suspension for a Sustained complaint for failing to submit reports in a timely manner. Employee received a three-day suspension for a Sustained complaint for failing to submit reports in a timely manner. i Employee received a written reprimand for a Sustained complaint for being absent from duty without leave. Employee 22 - Employee had two Unfounded complaints for excessive force. Employee had an Unfounded complaint for bias based policing. Employee 23 -Employee received a ?fteen?day suspension for two Sustained complaints for intoxieants. -Employee received a written reprimand for a Sustained complaint of violation of directives, mles, policies ,or procedures. Employee 24 -Employcc received a written reprimand for a Sustained complaint of violation of directives, rules, policies or procedures. - ~Employee received a written repriniand for a Sustained complaint for failing to submit reports in a timely manner. - Employee had aNon-Sustained complaint for courtesy. Table 5 Employees with eight (8) or more complaints in the prior three (3) years Number of Complaints Outcome of the Complaints Employee 1 24 - Employee has been terminated for thirteen Sustained complaintsfor poor attendance and six Sustained complaints'for performance issues. Employee ?2 13 -Employee had seven complaints for performance standards? four were Unfounded and three were Exonerated. ?E1nployee had one Exoncrated complaint for conduct unbecoming. ?Employee had an unfounded complaint for submitting a fraudulent report. 8 - Employee had an Exonerated complaint for appropriate use of authority. . Employee had a No Findings for a courtesy complaint. Employee had a Non?Sustained complaint for harassment based on race, gender or ethnicity. -Employee had an Unfounded complaint for courtesy. Employee 3 12 -Employee? received a one day suspension for a Sustained complaint of insubordination and making a false statement or report. - Employee had an Unfounded complaint for performance standards. - Employee had three Unfounded complaints for exceSsive force Employee had an Unfounded complaint for bias based - policing. Employee had two Non-Sustained complaints for violating KCSO rules, policies or procedures. - Employee received corrective counseling for a Sustained complaint of violating KCSO rules, policies or procedures. - Employee had a ?ve day suspension for being AWOL, failing to submit reports timely and for performance standards.- - Employee received awritton reprimand for a Sustained complaint of courtesy. Employee 4 12 - Employee had eleven complaints for performance standards. One complaint was Unfoundcd. Two complaints were Sustained and the employee received con'ective counseling. Eight complaints are still in the investigatory process. Employee had an Unfounded complaint for appropriate use of authority. Employee 5 12 -?Employee has four Sustained complaints for performaniie standards and received progressive discipline, including a one-day suspension. - Employee had eight-Sustained complaints for poor attendance and received progressive discipline, including a five-day suspension. Employee 6 10 - Employee was terminated for a Sustained complain of sleeping while on duty. - Employee received a written reprimand for a'Sustained complaint of failure to? submit reports timely. - Employee had one Non-Sustained and one Unfounded complaint for performance standards. --Employee had one Unfounded and one Non-Sustained complaint for submitting false or fraudulent reports. -Employee had an Exonerated complaint for Conduct nbeeoming. -Employee had a Non?Sustained complaint for 9 we Inn-J um? .. m??nw? Hf: hwy-.4 pl. l-?Jd. 12m. "Wu?q W. .. harassment based on race, gender or ethnicity. ?Employee had a Non-Sustained complaint for abuse of authority. Employee 7' 10 Employee received a one-day suspension as progressive discipline for three Sustained complaints for performance standards. 7 - - Employee had one Non?Sustained complaint and nine sustained complaints for performance standards. Employee received corrective counseling for a Sustained complaint for failure of training or quali?cation. Employee had one Exonerated and one Unfounded complaint for excessive force. - Employee had one Non-sustained and one Unfounded complaint for courtesy. Employee 8 ?10 - Employee had one Non?Sustained complaint and nine sustained complaints for performance standards. Employee received progressive discipline, including a two-day suspension, and resigned prior to a ?nal decision regarding discipline. Employee 9 Employee had three Exonerated and one Unfound complaints for excessive use of force. - Employee had an Undetermined complaint for courtesy. - Employee had an Enonerated complaint for failure to follow directives, rules or procedures. - Employee had two Non-Sustained complaints for conduct lmbecoining. - Employee had a Non-Sustained complaint for performance standards. Employee 10 Employee received a writtenreprimand and a two-day suspension for two Sustained complaints for obedience to laws and orders. Employee received atwo?day suspension for failing to submitreports in a timely manner. ~Elnp10yee received a one-day suspension for a Sustained complaint of AWOL and a Sustained complaint offailure to follow directives, rules policies or procedures. - Employee received awn'ttcn reprimand for a Sustained complaint of failure to follow directives, rules policies or procedures. -Employee an Unfounded complaint for excessive force. ?Employee had aNon-Sustained complaint for rules of conduct. - -Employee had ?a Non-Sustained complaint for perfonnance standards. - Employee had an Unfounded complaint for excessive force. 10 Employee 11 Employee receiVed a written reprimand and t?diisday suspension for two Sustained complaints for obedience to laws and ordinances. I - Employee received a corrective counseling and a written reprimand for two Sustained complaints for failure to follow directives, rules policies or procedures. - Employee had an Exonerated compliant for courtesy. Employee had an Unfotmded complaint for appropriate use of authority. Employee received a one-day suspension for a Sustained complaint for failure to submit reports timely. Employee received atwo?day suspension for a Sustained complaint for insubordination. - Employee has a complaint for failure to follow directives, rules, policies or procedures that is still. in the investigation stage. Employee 12 - Employee received progressive discipline, including a two-day suspension, for eight Sustained complaints of attendance. - Employee had an Unfounded complaint for courtesy. Employee 13 -Employee received two Sustained complaints for conduct unbecoming and was terminated. -Employee received Sustained complaint for ridicule and received a written reprimand. ?Employee had an Unfouncled complaint for excessive force. -Employee had an Unfoundcd complaint for making a false report. -E-mployee hud?two Non?Sustained complaints for violating the EEO policy. Employee had an Unfounded complaint of conduct that is criminal in nature. Employee 14 Employee had three Non-Sustained and one Undetermined complaints for courtesy. - Employee had a one-day suspension for a Sustained complaint of courtesy. I - Employee had an Exonerated complaint for performance standards. - Employee had an Exonerated complaint for conduct unbecoming. Employee had a Non?Sustained complaint for appropriate use of force. Employee 15 Employee received athree-day suspension for two Sustained complaints for failing to submit reports timely. - Employee received one corrective counseling memo and two written reprimands for violations of directives, rules, policies or procedures. - Employee had an Exonerated complaint for performance standards.__ 11 n. . . . . - performance standards. . 3 -r Employee received a Written reprimand for a Sustained complaint of AWOL. 7 - Employee had a Non-Sustained complaint for failing to submit reportejgimely. - ,7 1w mmn- mom.? un?t-?nan r- w?wAm-vl-qu 49Mw Table 6 . 3 i KCJASOQZQOB Adjudication of Complaints After an investigation. is completed?it is reviewed by the ?Internal Investigations Advisory Committee.? The committee members are Prosecuting Attorney?s O?iee and Sheriffs Of?ce personnel who meet to advise the Sheriff?s Office Commanders on legal issues?regarding the cases they present to the committee. There are ?ve ways an allegation may be adjudicated: Sustained The allegation is supported by suf?cient factual evidence and was a violation of policy. Non Sustained There is insuf?cient factual evidence either to prove or disprove the allegation. Exonerated The alleged incident occurred, but was lawful and preper. Unfounded The allegation is not factual and/or the incident did not occur as described. Undetermined- The Precinct/Section Commander is not able to use any of the above classi?cations. This may involve the following: The complainant withdraws the complaint; The complainant cannot be located; The complainantis uncooperative; The accused member separates from the Sheriffs Of?ce before the conclusion of the . investigation and the investigator cannot reach another classification. Disposition 2011 2012 2013 2014 2015- Sustained 21 60 67 79 8 8 Exonerated 9 77 50 42 49 Non?Sustained 14 47 3 44 33 Unfounded 17 43 49 71 82 Undetermined 16 19 19 I 10 12 Investigation Not 2 4 14 0 0 Done Performance Training Findings 0 10 5 1 Within Policy 0 I 0 Info Only 0 0 2 2 Total 110 265 325 302 299 Table 7 note: ?No Entry? means the complaint was still in the investigatory or disciplinary process stage at the time of this report. 13 Discipline and Corrective Actions The vast majority of King County Sheriff?s Office employees serve with honor and distinction; however, even isolated instances of misconduct can damage the reputation of the Sheriff?s Of?ce and erode community tmst. Therefore, it is important that individuals be held accountable for I any misconduct. Discipline should be corrective and not punitive in nature with the goal of ensuring the misconduct will not occur again. Generally, progressive discipline will be. applied; however, the level of discipline will be based on the seriousness of misconduct, the employee?s disciplinary history and the likelihood that the employee's actions will be repeated. Table 8 shows that in 2015, the King County Sheriff?s Of?ce imposed forty-six (46) formal disciplinary actions ranging from mitten reprimand to termination. Discipline 2011 2012 2013 2014 2015 Termination 3 2 4 5 7 Demotion 0 0 2 0 0 Suspension Disciplinary Transfer 0 0 5 2 Written Reprimand 24 57 3 5 22 Total Table 8 Note: The numbers in Table 8 and Table 9 re?ect discipline that was imposed in 2015. Some cases may have been initiated in late 2014. In addition to formal discipline, in 2015 the King County Sheri??s O?ice imposed ?fty (50) non?disciplinary corrective actions. Corrective Action 2011 2012 2013 2014 2.015 Timing 8 9 36 '8 4 Corrective 6 9 50 5 43 Counseling . Oral Reprimand I 1 2 2 1 Performance 4 2 2 5 2 Improvement Plan . Total Table ?l4 mam a.mm? . Training Resources and Programs in addition to discipline and corrective actions, training courses have beenchanged in an effort to reduce ?Jture misconduct. Courses in ?Defensive Tactics,? ?Life and Education Based Discipline? and ?Procedural Justice?? have been updated as airesultof trends observed from internal Investigations Unit cases. i In 2015, all of?cers were required to take the following training: Course Ethics Module 2 2015 Ethics Module 1 2015 Bias Based Policing Module 1 2015 Bias Based Policing Module 2 2015 HAZMAT Refresher 3?2015 HAZMAT Refresher'z 2015 . . HAZMAT Refresher 1 2015 7 i NIBRS Module 1 2015 NIBRS Module 2 2015 NIBRS Module 3 2015 Legal Updates October 2015 Strangulation: an Overview 2015? Respiratory Protection 2015 Police Response to Fires 2015 - Sleep Well for Optimal Health, Safety Performance 2015 Crime Scene Photography: Part 2 Crime Scene Photography: Part 3 Legal Updates August 2015 . TASER Annual CEW User Update, V19 TASER Recert'i?cation 2015 Bombing and Explosives Awareness Training 2015 Use' of Force, Part 1 2015 Use of Force, Part2 2015 Firearms Safety/Lead &7N0lse Exposure 2015 Vehicle Impounds 2015 - Crime Scene Photography: Part 1 Public Disclosure 2015 Deputy Involved Serious Use of Force Incidents 2015 Disposition of Police Evidence 2015 Contactan People w/Mental Illness 2015 15 Fire Extinguisher 2015 Legal Updates March 2015 Radio Broadcast Procedures 2015 Radio Use 2015 Stop Sticks 2015 Rescue Task Force 2015 Sexual Assault Investigations 2015 Infectious Diseases/Bloodborne Pathogens 2015 Table 10 16 ":11 . .Il'ulml-T . ?.141. 0- II 2 . Criminal Investigations Involving Employees When a King County Sheriff? s'Of?'Ce employee is charged witha crime inKing County, the Sheriff? 3 O?ice conducts a criminal investigation separate from the Internal Investigations Unit investigation. If. the alleged crime cecurs outside of King County, the law enforcement agency with, jurisdiction conducts "the criminal investigation in accordance With local procedures and the King County Internal Investigations Unit administratively inVestigates the complaint. 2015 Criminal investigations Disposition Theft of KCSO Property Allegation was ?Sustained.? Employee was terminated. Domestic Violence Allegation was ?Sustained.? Employee received a two (2) day Suspension. Assault Allegation was ?Non-sustained.? Sexual Assault Allegation was ?Unfoun?ded.? On Duty Assault against a co? Allegation was ?Sustained.? Employee received a worker one (l)_day suspension. On Duty Assault against a Allegation was ?Unfounded.? suspect - Domestic Violence Allegation was Sexual Assault Allegation was determined to be ?Unfounded.? Domestic Violence Allegati on was ?Sustained.? Employee was - terminated. . 7 Boating Under the In?uence, Alle?gati on was ?Sustained.? Employee was Assault and Obstruction terminated. 7 Assault Allegation was ?Unfounded.? Total 11. Table 1 1 2014 C?minallnvestigations Disposition I Driving under-the in?uence of prescription drugs Employee received a ?fteen (15) day suspension. Illegal use of a controlled substance Employee received a thirty (30) day suspension. Promoting prostitution and illegal use of a controlled substance Employee Was terminated. . Illegal use of a Controlled substance and improper use of" Employee resigned in lieu of termination. 17 the ACESS database Obstruction or rendering criminal assistance Employee was tenminated. O?'l?duty assault Allegation was determined to be ?Unfounded.? Assault (sexual in nature) Allegation was determined to be ?Unfounded.? Communications with a minor for. immoral purposes Allegation was determined to be ?Non-sustained.? Assault (sexual in nature) Allegation was determined to be ?Unfounded.? Domestic Violence Allegation was determined to be ?Unfounded.? Total 10 Table 12 2013 Criminal Investigations Disposition In possession of illegal drugs Employee resigned prior to completion of the and stolen property investigation. Domestic Violence Employee resigned prior to completion of the 7 investigation. Driving Under the In?uence Investigation is ongoing. Driving Under the In?uence is ongoing. Under the In?uence while in control ofa vehicle InVestigation is ongoing. Total 5 Table 13 2012 Criminal Investigations Disposition Driving Under the In?uence Employee received a one (1) day suspension. Use of a Controlled Substance Explorer was terminated ?om the program. Shooting abear within city limits . Employee received an eight (8) day suspension. Total 3 Table 14 18 I 7 Use of'Force Deputies may not use either physical or deadly force 'on any person except that forec- which is reasonably necessary to effect an arrest, to defend themselves or others from violence, or to 1 otherwise accomplish police duties according to law. It is the policy of the King County Sheriff?s 3 Of?ce to report and to thoroughly investigate any use of force incident. 2011 2012 2013 2014 2015 Total Use of 165 172 - 165 184 105 Force Events a :5 Table Identi?ed Trends and Recommendations KCSO continues its ?apples to apples? comparison statistics into 2015, giving a three-year window in complaints generated both internally and externally. Sheriff Urquhart?s directitre that every complaint be logged, whether 'it?s a non?investigative matter (NIM), supervisory action 10 (SAL), or an inquiry remains in effect. The number of complaints from the public has remained steady from 2013 to 2015 . In 2015 the actual number of complaints rose from 402 to 410, a two percent increase. The three-year window represents a stark difference than how complaints were logged prior to 2013. In 2011, KCSO only logged 42 complaints from the public, and in 2012 224 complaints were logged. The Current three-year trend suggests that is doing a much better job at logging and investigating complaints after implementing recommendations in 2013 ?'om the 2012 Hillard Heimze report by the King County Auditor?s Of?ce. Internally-generated complaints dropped from 373 to 320 between 2014 and 2015. This new ?gure sits about halfway between a low of 264 in 2013 and a high of 3173 in 2014 during this three-year window. As with complaints generated'by the public, the 2013-15 timeframe presents a much more accurate picture than that of 2011 and, 2012 internal complaints where 27 and 94 complaints logged, respectively. The total number of complaints including SALs, NIMS, and majOr investigations dropped from 803 to 749 in 2015. This is a roughly seven percent drop. The total number of uses of force in 2014 was nearly identical to that of 2015: 184 and 185, respectively. Despite nearly identical ?gures, allegations of excessive three rose from 62? in 2014 to 91 in 2015 a 47 percent increase. It is unclear what is leading to an increase in excessive force allegations. GOM 6.01.010 requires deputies to report force to a supervisor when a deputy: Hits with open or closed hands; Hits with an object such as a baton or ?ashlight; Kicks a subject; Uses any chemical agent mace, tear gas); Uses pepper spray; Uses a TASER or any less lethal weapon; Uses any force that results in injury or complaint of injury; Uses any application of force to the neck; or Intentionally shoots a dangerous animal in defense of Self or others. Harts-Hansen?s KCSO fully investigates and reviews every use of forCc by deputies, and the TASER instructor personally reviews every TASER application. In 2015, only 2 out of 185 uses of force, or 20. were found to be out of policy. Some have speculated that the public is more willing to allege excessive force given the climate in recent years between the police and certain communities. It is inipossible to tell, but uses of force will continue to be closely monitored in 2016. Recommendations for Chang es Commanders and sergeants have repeatedly expressed concern for the span of control. of supervisors to subordinates in KCSQ, especially compared to similarly sized police departments. An audit of supervisor span of control by the King County Auditor would be a welcome development. 21 . ?WW-uuwuu- .. . . .u . ADDENDUM Allegation 2011 2012 2013 . 2014 2015 Absence for Duty Without Leave 14 9 27 15 8 Accepting any gratuity, fee, commission, 0 0 0 1 loan Abuse of Authority 2 1 0 0 0 Appropriate Use of Authority 7 44 49 54 36 Being under the in?uence of either drugs 0r _0 2 2 2 1 alcohol while off-duty, resulting in criminal :onduct, charge or Conviction Sonduct that is criminal in nature 12 24 24 21 25 conduct Unbecoming 12 38 45 66 26 Con?icting relationships 0 1 0 Courtesy 46 132 149 157 177 Discrimination, Incivility and Bigotry 0 9 21 18 16 Drugs 1 0 1 2 0 Duty to report criminal activity 0 3 6 1 0 Employee associations 0 1 1 0 1 'cs, Con?icts, and Appearance of 2 4 2 2 4 con?icts Evidence, withholding, fabricating, 0 0 2 2 destroying or mishandling Excessive or unnecessary use of force 8 37 63 62 91 against a person Failure of training or quali?cation 1 3 3 43 8 Fitness for duty. 0 1 3 1 Furnishing bond or bail 0 '0 1 0 Harassment based on race, ethnicity, 6 7 8 8 12 gender, religion disability or sexual orientation. Identification as a Police Of?cer 1 5 4 8 0 Lnsubordination or failure to follow orders 9 8 16 15 12 lntoxicants '2 2 2 0 2 Making false or ?raudulent reports or 9 11 26 22 26 statements, committing acts of dishonesty, or inducing others to do so. Names or photographsObedience to laws and orders 5 16 20 24 7 Performance Standards 25 45 23 24 76 haw?'zarh - Performance Standards: Abide by Federal 3 13 28 50 47 and State Laws and applicable local ordinances Performance Standards: Acts in violation of 36 90 156 222 183 directives, rules, policies or procedures 4M- Performance Standards: Fails to achieve 0 1 13 15 passing score in required training or quali?cations ununnwt- 'r-Hra': . Performance Standards: Fails to submit 5, 8 15 34 23 - reports, citations, or other appropriate paperwork in a timely manner Performance Standards: Otherwise fails to 7 25 52 35 25 meet standards. Below standard achieved by others in work unit. .. q. Performance Standards: supervision 3 i 8 12 Perfumiing Duties in a Satisfactory Manner 19 20 31 0 Personal business or recreation While on? ,0 2 1 1 duty or in uniform ublicity '7 4 0 0 . 0 ?inctuality 26 40 59 51 46 Recommendation regarding disposition or 0 0 2 investigation Ridicule 6 9 17 13 14 Sleeping on?duty 0 2 3 6 3 Supervision 0? 0 0 4 0 Willful violation of either Civil Career 2 7 7 14 12 I Service rules, Code of Ethics, or KCSO rules, policies, and procedures Table 16 Note: Employees may be accused of violating multiple rules in connection with a single complaint; therefore there are more allegations than complaints 9 EXHIBIT 2 Pubiishers ofFine Greeting Cards Since 1907 10612 Urquhart . - . - Sent: Tuesday. pn . . To; John Urquhart . Subject: Good Luck? . I read you are announcing today that you are going to run- -For~ Sheriff. You know if anyone is going to have a live feed? I just wanted to wish you great success and I have zero doubts - that you will be a runaway winner. Oh. and don't worry, won't post anything without running it by you or unless you ask. But know deep down you have my Good Lu'ck,- En Urquhart . - I . Front Sent: Tues ay, To: John Urquhart Subject: Hi John I am a little pissed regarding'our alleged affair. I am thinking about writing a letter to - the new Sheriff and telling him that I am catching wind of this gossip,'know who is doing-it and if.it continues, I will file IIU complaints for slander and-a lawsuit (I really won't because that would stupid). 0r is'it better to stay low and ignore the accusations and maybe your campaign manager give me a script in case the media does call. Also, fucking David~we_ may need to address him if he pops up and you might even want to triage the situation before it hits. I haven?t talked to David in at leaSt 5 years, He emailed me when I was still . living in NYC and it was a group email, telling us he won some kind of case and he was glad - to have the help of all his friends. I wrote him a letter and told him he is not my friend, he is a liar and not to call or write me ever. I want to help you also made a mistake doing that article because now everyone has read it and come up with their own varsion of what happened. what happened, just to jog your memory was I took that rape case at the hospital (the one that the officer'did and we caused a policy change) and Mark Lemoine took'me aside and started-yelling at me about how we don't cite other officers and then a couple days later refused to back me up when-I pulled over a stolen car and the occupants were armed. Ybu were the one who signed the transfer in Shoreline because we were both worried about my safety because you wanted female officers to take rape cases (that is a great deal and will resinate well.with female voters, eSpecially with the advent of the ?slut walk."' I mean, you fought for women's rights and the women there were.bucking your judgement.)_ I will te11_you I have learned from volunteering on the Domestic Violence and Sex Assault hotline, that women would rather speak to a woman. Hell, all the men would rather talk to a it shows you are willing to buck the traditional way . of policing which is what Seattle voters want. (I read the paper'everyday.) Is Carl Cole still getting involved with all the drama he'can. Don?t trust He does not have your back, he turns to the masses: . Would you like me to send you anything (like my medical records for the past year from my shrink). He has.diagnosed me-with anxiety and PTSD from what I went through.at the County. Also, my case is unsealed. There were a couple questions about you, nothing to Cause drama but do you want me to petition the court to seal the case or do you think the timing would .1ook like I am hiding something. I mean hell, I really did get fired because of a misdiagnosis. L, So, I have been living with the Same person_since 2685 and haVen't worked there since 2985. -Get a grip. Also, we live in Houston, TeXas and I volunteer for a non-profit. How scandalous. Oh, I contacted Robin and She went on and on about her depression then said something like I. know we are both in a "double bind.? Ifm not but misery loves company. She did not answer my question about your status within the department. what do you think? Also, my parents have no home phone, Thank God and Erin Garske is. starting those rumorS.? Also, I was told by James King?s attorney that Erin Garske was - pinnacle in harassing him. So she has a history documenting her bullying. Just let me know if you need anything. Honestly,-if you need me to come out there and talk to people, I am happy to do it. You were very kind during_my-lawsuit and my behavior regarding the whole situation was not"good but it was like I lost my identity. I now see that I now have great~ 1 life experience because I probably.wou1d stili be there so I now see tha? it is a good Let me know. Best 9 P.S. you might want to Use this me address it is very secure. Is it possible for someone to file interrogatories for your personal emails? ._o_hn Urquhart From: Sent: hurs April 1-9. 2012 To: John Urquhart . . Subject: Re: Well I guess the cat ls out of the bag! Ifitwes going to get. out thatway-?Ithinl; it- carne outin a good day. Congrats and I thinkyou are right on with everything you are sayin . You are going to resinate with voters. When you start your campaign collections let me know, I would like to donate. When I ?rstread the subj e615 of your I was WW I haven?t said anything. But. alas Someohe else dropped the dimo. - . . didn't know you, I would still yote for you based upon the?little piece Ijust' read. Are you going to try and get the Guild's endorsemwc?? I that is a double edged sword because people in the community are so sick of the Guilds around here. Don't you love how I have an opinion about everything. I have to tell you being aDendoerat based onwhet Ljust read, you are a memorable candidate and even if I I did tell Robin you were thinking ofrunning and some br?lshit more have cropped up an out who is saying you and I had an because I need to ?1e a complaint against them (I 'am not gorng to do that.) Anyway, she. told r'ne she is a little removed being over in Seatae, but the only thing she heard about you was that you had got out of multiple DUI's. I told her that is not true like the other rumor. I-?asked her to keep her ears open. Also, I might be being paranoid butDavid Paulus (who I really-like)emai1ed me out of the blue and warns to talkwith me on the phone. I th'mkmy ou'm paranoia gets me. Sad, but I have been working dillig'en?y to stop . 1 . like that . . Let me lnrow if you need an on my end and do you think someone ?rm the DNC fold the media? Ifnot, beds to shut their I I suspecttbis is the least of your worries though. Oh Robin told me that her Sergeant was saying thatthe mediawo?d be on your side. good thing, but justbe careful- Ihate to see_ inyour) dreams. The tlming is unfortunate because l?d ho?ped to'keep the lid on till next Wee John Urquhart From: Sent: day. April 20l 20 2 To: - John Urquhart Subject: Re: Look at this No problem, it?s hour the heart Please tweek it, I just read it again and see where it needs to be done. Also, I will Wait until you get it all set in On Apr 20, 2012, at 4:04 PM, John Urquhart wrote: Wow. This Is wonderful.lust glue men coupleof'days to tweak it (lust-a little) before you post it. We probably don't want to post It until after formally announce neat week anyway. Than ks! John FrOm Sent: Friday, April 20, 2012 11:31 AM To: John Urquhart Subject: Re: Look at this I wrote this on your Facebook page (the one for you need to spruce up as well as Twitter). Anyway, here was whatI wrote andI wanted to have you 10 ok this over before I-went posting shit on my own. Dear Sgt. Urquhart-I am Very happy to see you running for Sheriff. I still appreciate the fact that you stuck up for me years ago when I was ?red for being honest and allegedly Bipolar. Integrity is a rare quality in many pm?ssions. Also, I appreciate the fact that when you were my Sergeant, you Wanted to change the fact that woman should be taking rape cases. Ihknew that Was the best policy then and after working as a sexual assault adyocate, I truly see the wisdom in your decision. Honestly, most men would rather talk to a woman than another man; You were on the side of Women's rights and those who faulted you for this needed to look outside themselves at the ei?zens they serve. . I congratulate you in your run for and know that thoughI haven't lived in Seattle for many years, my family does andI think you were meant for this position Good Luck and keep up your honesty (which might sometimes get you in trouble but transparency is necessary), as Well as your integrity and forward thinking. Now that Chief Norm Stamper is gene "We have needed a Sheriff which encompasses Seattle's unique values and culture. On Apr 20, 2012-, at 1:1 8 PM, .T 01111 Urquhart wrote: I Perfect. THANK Sent: y, April 20, 2012 10:58 AM I To: John Urquhart Subject: me: Look at this treat. I am happy to help in any Way I can. That article inspired a lot of people who have mental health issues or families of mental health issues to contact me and I became ?'iends with many of them. They are big voters and are concerned about the community. LZaeh worked at Microsoft for many years so if-he has any in?uence. which he should, both Fuda. and Bonner applied for jobs at his company. I guess Fuda didn?t have the right quali?cations and Bonn no Words'needed. 0h,-I told my therapist yesterday about the whole rumor thing I have not lived in Seai?e since 2006: She asked me if this dys?motion is normal: We know it is. Also, that was me who called someone out for calling you an idiot and living in Mercer Island. I used big words, so it is likely they didn'tunderstandwhailvyas Keepup the goodworkll! - On Apr 20, 2012, at 11:23 AM, John Urquhart wrote: - I it would be great for 2ach to" help. i know lots of his friends and yours don't live in King County and therefore den't vote. But it we can encourage them to go to my John Urquhart for King County Sheriff Facebook page and-"Like", and also to my wehpage, and endorse, me that would be huge. strength in numbers after Helps with my credibility that have wideSpread in Texas which won't show upl . Neither the Webpage nor Facebook will be up until after my announcement next-week however. And yes, of course i will be in the Gay Pride Paradei (My'best friend-is having his bachelor party In Las Vegas that weekend, but l'm coming back early for the parade.) And' if marched with us that would be great] . Finally, I hope you do say i was the sergeant that backed y.o'u up. Frankly l'rn very proud of thatl Tall: to you iateri John From? sent: Friday, April 20, 2012 4:02 AM To: John Urquhart Subject: Re: Look at this I love it, thanks forWarding his to me, may I post it on my Faoebook?? PIetty much everyone I am friends on FacebOOk is not :1 mp and are huge liberals. After you announce, I am going to post that you are the Sgt. who did stick up for me! ii I am hoping it gets forwarded to other people. I am so excited for you. It sounds like so far, you a shoe in for the 'press mid this arlicle only further makes you more human and accessible: Now, of course I don't live in Seattle anymore but the is full of anti?law enforcement rhetoric (with good reason) and yen are the perfect Good luck with your senator?s, etc. You should have a fundraiser at your house for those big wigs. "Hey contact Bill Gates and see if he would let youborrow a small portion of his house. Ibet he would let you, he is such a nice guy: Anyway, I am really excited for you. Let me know if there is anything We (zachha's a lot of ceniacts and in?uence in the private security ?eld there) car do. I told him about you running' and what those bitches were saying and how it is not true. He said he didn?t think it would get any press and anyone, even the press, are going to see how stupid these people are. I both of you are right about that. But, this is great! 1! May I forward it to my family and friends? Oh, are you . going to marehin Gay?Pride. Like_have a signs and stuff? Is'so, canI b'e in'the parade? Johni! On Apr 19, 2012, at 7:55 PM, Ioh'nU quhartwrote: - 2 at the web site Publicola put out this afternoon. Look wh I may have peaked veers agol EXHIBIT 3 m. m? NsTm'TgawE?w?n: NAMES I . wagnsk 0N ism j? Major-Denise] riff; meeting-Sat? 9133?s? atlyesz-ValenieH "his-est Qf?ce?ndtl?s?r mated 19, git-3'05. h? All-um, FSOmersifOr?SGWice t5 I, - ngurs; -- 9931 review on? pu b?c discld?sum f; 99m plain't O?h'aL. - mesa; Lri?nd? - - - - -. :10 vDeputy'Rya K6 . . ?rt hege he, I a wait-Sips :tLiit? be: un??agaggl'gf?r hm, - Miglita? arid $61186?f?d triads}? at-?1250ghjo m. ibgd- $t?t?m?nf3f?f5d . 9- cgm? f9 dis? I Hie z-?li?dri stafie??i'e?n't' to' thesga That; Sergeath Urquharjc thg?thi; nct..#4- meeting-when sewer?! ,cemmgi Ad?thW. *?H-gu 1. jar: and as a ghtha' 'elecfedb 6va?i?} r? - *?Am?p?n 4 y. nf'fdni??phs 1 33%? ??rtigsrahd'?i . a. a . - 33$? V753 iam?ngga-Mme c'qbiy?b her ?ugatian am that VS'ei'g 'onei t?frh?i?ht .u 141-? WEBEQJEQ W. - .as a? ticewe-dop t?n'o' measuresjr?ejcg Fwy-Qal?b' Bap: De?utyiMiqulczik' ?s?i?ng ,0 ,uec??ll?nowymPogLaw?'e?" . h?jg aln'fo rm aha ns'ffpm raga. "difi'c cidndu?ta??rsg 1 Bu f. he: 5 ISL: com m'ente'd: geant; saga. bl?s idihgavgriet- - K535156159 . a '1 it?fitWJ??-fYiP?f?" FEES att- m'?inr'interestjis a 31810 torsen?a-?erpj??g?putg eels [em 7 zjtfurquhart not sending. . get - 301 62 H: '81- - eoff??-p' 't hi-?rom a detective cm 'r??hat' ?fe? Theylf?el..fheh . HIST-Untomzhabl eyrzaEEI-f'r s. raptagllan - r3}? hart; did noilhan gh ttijpe . - .9 ,4 g7 ere Q'n leg-iddm?piained Ilspd?fe??ed ?ho quit and toldather?n th?yg?houldh?twdge H- . 1 EXHIBIT 4 1 . 7 ,L'i'rihg'=1h" nztative Linda?mopshirg and. - i_ ?i?u ?a DEE Work?d Patton i-j l? I .at-Shpreline. am l-cq?erQt?-V I l'n?fj?rview'of?beba . in?i?b?'tiw?rf? 6:6:qu .- .- ?t the .. Work?diajfi 1. Sgg?mi he's bean. a. I, . -. wen . Tdnyibr - iyeahuyteahi .- 5' and-that- youw?re assi??ed .w - 30507 #2002099- .'lhterview.ofDep . - I. very organi?zedJ-v?ry, he. had e; Tim? sie clogs". - Haj-?99k- .hAis rel-itibaH-f 'them'ias UVthIQ-a?d he?? Arid and ?cbk?it .. -. - yo _u have: 'h'd'w lh?? there? I, -- - .4 I. '213' . he ?tank-you: ?h?ii't'ls?h?f eat-least hjt,:,um; play-this; th my ?le and can?d mg 11n3-- .l?etterx! W33. - -1 mad Satis?erg??aht; .he?is'jn otjajm'u'khdw; if nitf d? 55-3 grid Rind'bffh?ow ?t'whle're? I. Etc" .. .. P?ai??r?r??rk15fha?99$. Co?c?fnis.? 5' .f .- baW? @ny an; 3 3" I 6 Us? g?iV' "sDagi?qfdiree??bn andith?at than the past written poSf?itnote??thatll?Cah?f ., . 10;: $9 aUm" wellgli'f. was always a big ib?qij?t?i?? 3 - 3: gt: W?iat?fh??iirl-pr?b?l?im was but neVer' i. .- ?1 .. ,6 32093;;[h t??ViT?Ee?WltifI-D, . . .. me about?ho?fhey?ye gigs - I . gian??f?b: 53' - 5- personangiihatigg??gn;_ .. .. . .. i were 'aj?ra?paca" "and .. he, .:A?rid ?1 1th 'ght?rz can? k'ndw?iizwas abusemore'nkely- 2?37 "z arf' {R?spgtize' "ah-d- - - I dt-eil 47d; .. . . hot.- -I admit. I-TV?irytto .. .. A 21.5 - -- .. '1 W?'tr?wbirkingwith 7 . gectu'itwnose ?fe?130512 ".BYjCapt-i A?nette'LQuig- I .ls'bm? Kind; OffeXp?i?iiein ??lfb' .. . the victimshouwnP-t a I ?think-it- shculdbe. .anfqp?ition-; :mw a 9:1ii?i51k??pfiar? U. Il?gg??di I?ilalKi?ngif; it iybutha?ve problem-gimme? your? 3 "fligca'gsgef it?Wa'Siichu- know, it was, therenwas a- lot of 'sid'es. being drawn; i 3 a .15: go?od :sufpervisorbut. Wh??h 2-- I. I. 7 i Jf?page 15: - . - i: Kc_A?1sd?i3 . up, 9, think he does a mm?aw. theirs regardiri?ih?'oih'?rfe?n??ie d?pii?e'sf'th?t . 7' :th?i es .4 boir?a?t in time'in '3 I '4 . detail?ywii uh) S?v?ra't?Wa? jgjoihg gneg?gf mg; 1 1:61.; 1 - ?h:591h??gf9m??l? . - diet .h?ai? ibr?i?'ght chance. Up. a {aha . 25- a. Peak-uh? - - Wind-I0 this is was the forum;thaf'fyoulwerexkind emerging .. a?apBEdz?by??-j-er?g: 3051?1 5 2i! 1-, 'Eln?te?r'v 'waot-Dep; if? -- i? herb . with-WE? it wou155n3t?s= 1! had but hes" 2 - - "rt-.fse" - .x . i .- .. f: db" {Q'ibihgff?p 1% .i'te?'?t?bu?l'isti?di' ?UHiSZ-fo~0f: IRIS- ?alJS?z 9.3.0 p?lefare??nding '5 't'o .- .:haS/e -- and-,you . was'c'icahiplaini'ng abb'uf John and Cpupl? ?ther . I - .. Linaf?gf . I I: 3'19": abo?lt?apftain Ki m'e r?r? lik? to add td your st?igr?ent a'fl't'hig?tim?? K?LK?i?b?w 99mg seen him.qu itintd? .. - emew WW FEMSS?hiatiV?Git-i? EXHIBIT 5 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING Page 1 ANGELA HOLLAND, woman, an unmarried Plaintiff, vs. No. 05?2?27728?9 SEA KING COUNTY, government, a municipal Defendants. . nae; DEPOSITION UPON ORAL EXAMINATION OF 9:00 a.m. Thursday, November 30, 2006- 500 Fourth Avenue, Suite 900 Seattle, washington Laurie B. Porter, CCR Northwest Court Reporters 1415 Second Avenue, Suite 1107 Seattle, Washington 98101 (206)623?6136 .. mar-rum mum,? mm?. .. .I :1 L: . i?ihia-x- - L: ~44 2- 'ium: mamas.? . h: 4 mines..- 13:4 what time. Page 12 Though unfortunately they had asked for my last two_performance evaluations, and I told them I that the Sheriff?s Office didn't give performance evaluations. And what ensued was about a five-minute conversation with the director of the advocacy section of the sheriff's department at San Diego County about how she had applicants from all over the country, and most of them were government applicants, and she had never heard of such a thing. And I said, you know, I haven't had a performance evaluation since 1997, recommendation from John Urquhart. but I had a letter of And I said, you know, you can call him and he can explain to you that, you know and I can bring commendations and, you know, show you that I really was a good employee and I did a job very well. And when I did go to the interview they asked again for those, those evaluations. And that basically ended the interview right there, because I was not able to prove my employment. You referenced John Urquhart. For the record, John Urquhart is a sergeant with the King County Sheriff's Office. 3 m?am?mnww (mum I ?Iumi unlull'niw ill'nl .u m' ll? milmzaiazmw huh mullnn mu ?uzunuaim mm - . - Im? ammr I I1 Yes. I'm sorry. Sergeant John Urquhart.' And he?s someone that was, for some period of time, your commanding officer with the Department? He was my sergeant for the longest period of time. While you were at precinct 4; is that correct? Yes. And you were sure that Sergeant Urquhart would have given you a favorable recommendation; is that why you used him as a reference? He wrote me a reference in June of 2006. Okay. to this potential employer? Yes. All right. And what was the name of the agency? 'Was it the San Diego County Sheriff's Office? Right. It was I'm sorry. question. Within that agency there was a division or?a section of victim advocacy? It was I'm sorry. Attorney's Office.' And within that agency they worked -- that particular job they had a huge victim advocacy section. But that particular position was specifically designed for working with law enforcement officers. So you had that letter and you did submit that Go ahead with your It was the San Diego District They were very proactive on that. Page 13 i Iiili' mum 1 H11 nnuml Mir 1 1 mu Iiitw?'?lm ml umu 'Muwt' "lmna? aluminum ?mm-Imam." mm a I am"; Ini unlmm Page 90 In um - m1 1- ?Wii?n?ill?nhnhu??ml? 1.A. Yes. 2 Q. Did something happen at work that caused additional 3 stress and anxiety that ultimately caused you to sort 4 of decompensate a bit and have another major episode? 2 Oh, God, there were huge there was a number of i 6 things. I was always such a, such kind of a star 7 employee when I was on my I think I was one of the 8 few, if only I think I might be the only person I 9 know of who made it off FTC early, if not getting - 10 extended, including the lateral officers. .Also blew 11 through my probationwith the fact that I'd 13 worked in the jail and I knew how to talk to people. 2 14 And I would always reSort to talking as opposed to 15 pepper spraying or Tasering or whatever. And you know, 16 I had a good head on my shoulders, but I also 17 understood that King County liked people-with a good 18 sense of street smarts. And I had that too. 19 - But when John Urquhart was my sergeant I was on 20 the road for SeaTac for a short period of time, but we 2 21 did shift bidding. And day shift always filled up with a '22 the older guys and graveyard always filled up with the 23 kind of misfits, you know, the officers that were i 24 always in trouble. Kind of the PI's version of the, 25 you know, the conduct unbecoming people. Page 91, 1 So that left swing shift, which was fine with me. 2 I'm single. I don?t really have much of a life. So 3 you know, it was fine. 4 And somebody had left and John Urquhart was coming 5 on. And there's kind of a Click at work. And I was 6 never I don't have a lot of police officer friends. 7 Most of my friends are, I don't want to say normal 8 people, but they're not they're by no means police 9 officers. 10 John Urquhart had no chance of surviving in this 11 precinct. Before he got there everybody was 12 complaining, they were talking about transferring if 13 Urquhart was going to be their sergeant. 14 And I was asking, you know, why, you know, why was 15 it, why was it, you know, that they he was being, 16 you know what was so bad about him. And they were 17 just saying he was such a, all these bad words about 18 him. 19 And I wasn't in their Click, so I used to overhear 2O them_talk. And even with their own clique they used to 21 talk bad about each other. They were kind of mean 22 people. 23 Q. Let me just interrupt for a moment, Ms. -, and 24 refocus a little bit. I had asked you if something had occurred at work Page 92 i 1 that caused you to have stress levels and additional 2 anxiety that sort of caused you to decompensate and 3 have another episode. 4.A. Sure. The first thing, John Urquhart was became our 5 sergeant, and he was very tough. And he's a lot more 6 educated than most of the deputies. He had some 7 supervisory skills that were far and above anything 8 that any sergeant had ever produced in the Sheriff's 9 Office. 10 Normally any deputy can overrun any sergeant. Not 11 with John. Not with Sergeant Urquhart. He expected 12 well?written reports, reports that could be prosecuted 13 and could win cases, and which I respected him for. 14 Now, I was also within that realm of people who 15 would get cases returned. I wasn't by any means clear 16 and free from those, getting my cases returned if they 17 deserved it. 18 Q. Sent back from the Prosecutor's Office? 19 A. No. Sent back from_Sergeant Urquhart. He, you know umiaw?m?mwwummwuu um: unmnulu rinnumnw:mumnzusmiiwmm I II -m mJ'lIm 20 a lot more generally a lot of people would get 21 their cases sent back on a daily basis. But I would 22 get back, reports back occasionally from him. 23 Q. Just to be clear, that's a process where theisergeant 24 sends a report back to the reporting officer and asks 25 for some additional work or changes to be made to the Page 93 report? Right. There was a lot of, generally it was fragmented sentences or just misspelling, just common English problems. It was quite bad. But You were saying sometimes that happened to you but not as much as most of the other deputies? Yeah. I mean, I was by no means being protected or? anything. And this so?called Click got together. And I'd' say it was about ten female deputies got together and said that John Urquhart was harassing them? And Sue Rahr had orchestrated a meeting with all the female deputies. And so we got together and she had a meeting. And all these deputies were complaining In lulnum mm- -m In: mnan u- Ilummiwziuum Izzumullwmulum inme nu Mmulmiwammim?mwu mu mm ?In 'lliim 1mm that John Urquhart was and what was really disturbing to me was, a lot of these deputies did not even work on his shift. And I was the only female who worked directly for John Urquhart on his specific 3 squad. And a lot of the other things the deputies were 2 complaining about was they felt that, as females, they should not be required to take rapes, that it should be the whoever's_up, whoever's in the clear should take the rapes. Meaning respond to a call Page 94 i 1.A. Respond to the call involving the rape. 2 Now, having been a school resource officer and 3 having taken uncountable rapes from young girls, you 4 know, I, I knew the sensitivity involved in the process 5 of taking a rape and how a young girl would feel. And 6 you know, I think I was a little more sensitive to i 7 that. i 8 And I stood up and I said this is ridiculous. 9 He?s holding us accountable for doing a job and I don't 2 10 know why we're arguing with himJV Just do your job. 11 'We're getting paid 60, 70 grand a year, and all you 12 need to do is change a couple of sentences. 13 I said you need to go work for another department 2 14 such as Skagit County where they really don't want i 15 women working there and they really will treat you 16 badly, you know. 17 I And I stuck up for JOhn. And at the time I was 18 really good friends with Erin Garske. And she pulled 19 me aside and she said: You need to pick a side, John said, Erin, you know you're my friend. I 22 really don't, you know I'm.not on, necessarily on 23 John's side. I said I just don't see harassment here. 24 I said if I really felt like there was harassment I .25 would be on your side. But I just feel like there's a Page 95; accountability. - And so, so I lost a lot of friends. I was really, I was being harassed constantly, constantly. There was rumors started all over the place that I was John?s, quote, unquote, butt girl, that I was his favorite, that I was being treated like his, his little go?to girl. I also volunteered with him to take all the rapes for the entire precinct, covered White Center, vashon, Skyway, Burien, SeaTac. And I told him, I said give me all the rapes. I will take all the rapes, and if there's a cross dispatch problem which cross dispatch meant I was assigned to SeaTac but and SeaTac really didn't like to spend their dollars to send, you know to cover White Center, because White Center was a County funded project. But I would think about, well, would I want a particular deputy, you know because some of our deputies were not as sensitive as others. I would think, well, with my sister being a hotel manager, you know, and not necessarily the strongest person, you know, if she was to be raped, would I want some, this, whatever deputy is going to this. And usually the answer was I10 . So I volunteered for all the rapes. Page 96% And I also after I also volunteered for, I volunteered for all the rapes and, you know, stood up for him in every way possible. And also at that same time there was a rape that had occurred where a victim.was accusing a deputy.of raping her. Sergeant Urquhart had sent me to Valley Hospital to investigate the rape, because he knew,.A, that I wouldn't cover up the case._ It could have been my best friend that did it, but because of the seriousness of the crime and it was a. prostitute, but regardless of either those things, it doesn't matter to me. Because I never saw prostitutes as a lower than life. They were a victim of, you know,. whatever their circumstances were. I took the case. I, I had talked to the social worker and the doctor separately, who both had the same story. I talked to the victim, who was high on drugs, on prescription medication. And she I verbally asked her the story, and then I asked her the story as I wrote it down. And then we read through the story and it never changed. So I really had felt it had happened.' So I went to I wrote him as a suspect, because I truly in my heart believed it had happened. And I still to this day I believe it happened. So I wrote .accused. Page 97% the deputy and I didn't know this deputy. He was new; And regardless of whether or not I knew him, it wouldn't have mattered. And he was the suspect. And I went and Sergeant Urquhart had gone home for whatever reason. And I went in to the Sergeant's and I said, I don't know if you can block this in IRIS. Which is our system we use to write reports. And I said but, you know; it might not be good for this information to be out because, you know, this is an officer being And I don't know if the media has access. Well, anyway, the deputies got ahold of it, and I was, eventually, I a few days later, asked by Mark Lamone (phonetic) to meet me at Tyee High School. And he threatened me and said: You never take cases when hookers and crack whores tell you that they are raped by, by fellow deputies. today, Ms . was on last night. Are you on medications Only the medications I What are they? The medications I take now? Yes. and Lamictal. Klonopin, Topomax, How many milligrams of Klonopin? One. Page 98 1 Q. And what was the second medication? 2.A. Topomax. 3 3 Q. How many milligrams? 4 A. 200. 5 Q. And the Lamictal? 6.A. 200. 7 Q. And that's all taken at night? 8.A. Uh?huh. 9 Q. Are any of those medications impacting your testimony 10 here today, do you believe? 11.A. No. 12 Q. Okay; I had been asking you about What stresses led to 13 your increased anxiety and eventually into 2 14 decompensation into another episode. And I want to 15 focus you back a little bit on that. 16 I think you've described you stood up for John 17 Urquhart against allegations of harassment, and that 18 that cost you some friends at the precinct, and some of 19 the female officers weren't very kind to you during i 20 that process. 2 21 A. Uh?huh. 22 Q. Is that fair to say'Were there any other stressful events that led to 24 this decompensation that we?re going to be talking 25 about here? 1% I. a gm .iggquxgq $59. $55.75 .: :22; 9:73;: :1 :2 17: See?. 3 Egg?? has. ?a Hr: 19Page 99 I just told you. And I'm asking anything else. I want to make sure that your response is complete. To your recollection, were there any other stressful events during that period of time leading up to, say, May of 2003, or do you think you?ve covered it? well, when Urquhart was actually sent away or sent to another precinct after it was decided, it was really stressful for me, because I thought he was being treated unfairly. And then I was part of an IIU, an IIU examination, which again was really stressful because I'd never been part of that. So the Department essentially was required to investigate the allegations against Sergeant Urquhart, and so the IIU investigators contacted you for an interview? Right. And you gave a statement I presume that supported Sergeant Urquhart? Right. And there was some stress for you associated that? Right. Anything else? 12?smumwuuwum :l un?. 11 rim Il' timlm?l?l?i? "inhuman: .-.. Wmmwummlulmla? Page 100 In May of 2003? Well, the records indicate, we'll talk about it soon, that you began having some pretty significant anxiety problems, say May and June, and ultimately left work again in August of 2003 for a couple of months. So I'm asking you to focus on that period of time when things were happening that were causing you to go back into that sort of episodic state that led to the time off. Are you just talking work? not at all. No, no, Oh, okay. Have we covered the things at work you think were contributing to that? Yes. What about in your personal life then? My grandma was dying of cancer. I see, I see. And were you very close to your grandmother? (Nods head). Okay. Did she live here in Seattle? No. Did you have a chance to spend some time with her during that period of time? Yes. hummer ?Iznulmin mu ?nn Illiil Page 101 Okay. Anything else in your personal life? Not that I can think of off my off the bat. 'Was your grandmother supportive to you when you were growing up and having conflicts with your mother? No. Okay. was your grandmother somebody you saw quite a bit as you were growing up? Yes. Okay. Did she have an extended illness that you were involved in participating in her care? No. Did she die suddenly at about Yes. that period of time? Okay. And that was a great source of sadness. And did that lead then to some anxiety? (Nods head). Okay. The records indicate that you transferred out of precinct 4 in May of 2003. I believe it was John Urquhart, Sergeant Urquhart that highly recommended you for that storefront position. Is that your_ recollection? I needed to get out of precinct. I couldn't trust the people to back me up. Did Sergeant Urquhart recommend you? 11nth ll mumlm um mnum?um? 'l 'meszunuwmn u- mum Iml =im ?mum mu: Page 102 1 A. Yes. 2 Q. So you started up there in Shoreline. And it's a 3 contract city, right? i 4 A. Yes. I 5 Q. And by that we mean that the King County Sheriff's 6 Office provides law enforcement services to the City of 7 Shoreline. And you were moving into a position that's i 8 called storefront officer? 9.A. Yes. 10 Q. And tell us a little bit about that. ~What were your 11 job responsibilities as the storefront officer in 12 -Shoreline. 13 A. 'We responsible for running the storefront. They 14 have storefronts within the community. And we were 15 responsible for volunteers, also responsible for giving 16 group lectures and getting the community, getting the i 17 community together to do meetings, like neighborhood 18 watches and_any kind of meetings they want us to_do. i 19 Because oftentimes people would want to know, if 20 they had an issue within their neighborhood, want to 21 know what was the best dealing how to deal with 22 certain types of topics. g- 23 And if there was something that patrol did not a 24 have time to explain to somebody, they would refer to 25 us, because we'd often have times and we did the Page 103 i shoplift program. 'We filed all the cases for the shoplift program and then we did all the transports for the jail. And I would also do all the if somebody had a trial, I would do the transporting, and the, I called it the babysitting, for the trial dates, because I lived downtown. And the inmates were housed downtown that needed to go to trial. And it was just easier for me to pick them up downtown and to take them to the trial. And nobody else liked doing, and I actually enjoyed watching the trial process, so. Talking about trials in Shoreline District Court, right? Shoreline Municipal Court, yeah. Talking about misdemeanants that needed to be transported for trials and maybe brought to and from was it downtown jail or Renton jail? It was downtown. Okay. It wasn't, and it wasn't like you dropped them off. You had to sit there the whole day with them because it was a trial. I see. It wasn't like when they got arraigned. Okay. were you the only officer assigned to that . II Willi" Wanqu I maximum 1; II I munmmum I No. But there was two Shoreline storefront Page 104 position as the Shoreline storefront officer? officers. And actually people used to laugh, because myself and the other Shoreline officer, Leona Obstler, we looked exactly alike, if you can imagine me about 40 pounds heavier. And I never were makeup to work, and neither did she. And we had both had long blond ponytails. And the jails always thought we were sisters. So yeah. So there were two separate storefront offices in Shoreline? Right, one on the east side and one on the west side. And I handled the west side. So you were the only officer assigned there, but you had some citizen volunteers; is that correct? Yes. And the citizen volunteers would be trained to answer questions the public might have when they stopped in the storefront; is that fair to say? Yes. And was part of your job then to sort of supervise and manage the volunteers that staffed the office? Yes. I guess by definition that position you had would be a regular day job, sort of business hours in the ?Maw . 7 n: mm i mum "mum IlliiLtu Jmlu?ll mm Imullnusnl Wlill um H: I?mnnmimzimmumnm miznn Page 105 community; is that correct? Yes. But sometimes we?d have to stay after to do community meetings and that kind of stuff. Okay. So you didn?t have the stresses of potential graveyard assignments when you were at that position? No. The records indicate that you were in that position for about three months and then you went out on a leave of about two months. Can you describe I guess what I'm interested in is, you're out of that position of stress at precinct 4 that you were describing. You?re into this new position that would seem to be a low stress job. 'Would you agree? Yes. And yet you've only worked a couple of months there at the storefront before you had to go out. So tell me what was happening that led to that extended absence. I was still receiving harassing phone calls from the precinct 4 people. And I was also receiving calls from John Urquhart crying, you know, about how upset he was. That instance with John Urquhart?s a close friend of mine. That really hurt me, the way he was treated. And it was, and it was also during the time I had changed I had changed over to Dr. Kent about that time and I was going through medication change. .7. ., 3:33.71: :53; ungai?'iiwji?jv" 25:: mulumu' Imm mu lwumlmumumusmu? "1mm" 1m mu Page 194 somebody who has, who has never had those kind of, those kind of visions of grandeur and those panic attacks or those extreme depressive disorders, which I ll mum" mm.an never had, you know. You've looked through my commendations. You've talked to Sergeant Urquhart will tell you I do the right thing, easy to work for. miniamu'imnuuwul mama lam llmu MR..PORTER: Why don't we take about 5 to 10 minutes and I think I'll be able to pull things an ?l together and maybe finish up this afternoon. THE VIDEOGRAPHER: The time is 3:46 p.m. We'll be taking a break in testimony. (A.break was taken) THE VIDEOGRAPHER: The time is 3:57 p.m. 'We're now back on the record. Ms. I think you saw a Dr. Mary Wieneke for a period of time, maybe six months or so. Do you recall Dr. Wieneke? Yes. - ?Ml??miu?lwl Illmuln?lii Ill um mum mu .According to the records, that involvement began in September of '04. Is that your recollection roughly? Yes. Okay. So that's a period of time during which you are off the job, you're on administrative, paid maul??wwum?wnuu?mmu mun H: mm administrative leave in September of '04? Hllumumlillm - 10 11 1221.A. 22 23 IO Page 214 I called her. And how did she reSpond? they were She said no, they were the County's records, County how did she describe it? They were property of the County. I have a few miscellaneous things to follow up on, and then I want to talk a little bit more about medications and then we'll be through. Sure. There was an article published in the Seattle Weekly written by a man named Philip Dawdy. Uh?huh. Did you at any time have a romantic involvement with Mr. Dawdy? Oh, God no. Okay.L so is was never your boyfriend? Never. Okay. 'Had you heard rumors or seen that written anywhere, that you two were involved romantically or sexually? No. John Urquhart told me that Sue Rahr had asked him about that. But that was the biggest laugh I'd ever heard. Is Mr. Dawdy a friend of yours? Yes, we're very good friends. :wuluumlir [in mama! - m1:mmuwImminimm?iummu Inluumu Hm mm mlwum?i?imuu?muu?snnumwuu Iiimw =zi' unmumw Mn mmumm .mml IZIWEWWIHEINEH: ml' mm mm unam' an?. mmnu ?3