$235321" WM. i UN May 29, 2019 "as Rick Mmannay -- S'Weyg my 2 9 2m Palouse, WA 99161 DearRick, This shall serve as notice that the City of Colfax has reevaluated your tennlnaflon In light of information gathered during its preparaiion for the hearing on your appeal to the th of Coihx Civil Service Commission. The City of Colfax ls hereby winding your termination and reinstating you to the demoted position of police omcer effective January 17, 2019. You shall reportto duty on Monday, June 10, 2019. Your paycheck on the next scheduled pay date will Include oompensaflon commensurate With a police officer position covering January 17, 1019 through June 9, 2019. Your termination was based on the findings of dishonesty and perjury by Clear Risks Independent Invesu'gatjon relating to you signing certifications that you complied with RCW 43.101.095 In the hiring of Qty of Colfax police officers. Information gathered alter your Iennlnation has led the City to conclude that it is unlikely mat you cande perjury In regard to signing the certifications. However, as you admitted under oath in your deposition, you knew the Police Department was out of compliance with me standory employment requirements for police officers and you "made a misiake" by smting otherwise under penalty of perjury. Nevertheless, since the finding of perjury Served as the cm): for the th's decision to terminate you, the ow finds that without a likelihood of perjury, a 155 severe dlsu'pilne Is juyjfied. As sated in your termination letter, your competence as Police Chief came into qualion for reasons independent of your false cemificatlon of police officers and has been placed lurmer at issue by information obtained since your termination. Accordingly, you have been demoted to police officer. ry basis for your demotion: ut must have the foresight to prevent 1. The Police Chief cannot just respond to a threat, ted a lack of leadership in recognizing a threat from happening. You have demonstra threats to the City and have, in some instances, placed the City and its employees at greater risk by your actions. The following serve as the prima roper police coverage by qualified police with the background, 43.101.095 and WAC 139-07, a. The City is dependent on having of?cers. By knowingly being out of compliance and polygraph mandates of RCW . you unnecessarily placed the City in jeopardy. This is especially true consrdenng the history of certain of?cers, including one who was terminated from another agency for being involved in a signi?cant domestic violence incident. You admitted under oath that you were aware of the individual?s history and termination, yet you did not take any steps to ensure the individual?s continued competence and integrity as a police of?cer, such as through or polygraph testing. b. The City is dependent on you to keep the Police Department in compliance with training requirements. Proper training of police of?cers helps ensure that i quali?ed of?cers are protecting City of Colfax citizens. If one police of?cer is out of compliance with WAC 139?05-300 regarding 24 hours of annual ln-service training, the entire Police Department is out of compliance. After your termination, an email to you from CJT in March 2018 was located indicating that the Police Department was out of training compliance for 2017. Signi?cantly, the individual out of compliance was you. You testi?ed before an administrative law judge that you were granted an extension and satis?ed the requirements. The March 2018 email from states the opposite; you had not made a timely request for an extension per the regulations and you could not be in compliance for 2017. The Police Chief is expected to lead by example; your example Was non-compliance. ry 2018, you failed to take control of a scene the time, you chose to blame Chris Mathis, rather than accepting responsibility for your the c. By your own admission, in Februa involving a suspicious package. At including threatening to arrest her, own shortcomings in handling the incident. An independent review 0 incident by the Pullman Police Department found that the scene could have been controlled better at the point Chief McNannay ?rst got involved. A take charge attitude could have then set a tone, where this event could have unfolded without confusion. Evacuating everyone out of the of?ce area where the package was set, and placing Of?cer Jaelene Leeson In charge of the perimeter to make sure no one entered the area and disturbed the package, would have been a good maneuver. this?s actions were appropriate. You Th same review found that Chris Ma ected of the Police Chief. demonstrated a lack of responsibility and leadership exp Your inaction placed individuals at unnecessary risk of harm. oyment testing, the suspicious package incident, and training, you have demonstrated a lack of knowledge of relevant and applicable laws, regulations and policies. You have admitted that as a police of?cer, you are trained to review laws relevant to your duties, interpret those laws, and apply them in performing your job duties. Those requirements certainly carryover to your position as Police Chief. It is unacceptable as the Police Chief to state that you performed of?cial acts, such as con?rming compliance with statutes and signing contracts on behalf of the City, without reviewing the applicable laws, requesting training in areas of de?cienqr, or consulting with the City Attorney. These are not the acts of a competent Police Chief. d. In regard to the police of?cer pre-empl 2. As Police Chief, you must property manage the ?nances and personnel in the Police Department. The turnover in personnel since your tenure as Police Chief is appreciably more than that during your predecessors? tenures. Despite the unanimous ?Vote of No Con?dence" against you by the police of?cers at the beginning of your tenure, I decided to give you a chance as Police Chief. Unfortunately, you have been unsuccessful in maintaining a full?time, quali?ed Police Department. Your inability to do so has further wreaked havoc on your budget compliance. Your inability to submit a timely budget and stay within budget has been a constant issue during your tenure. Notably, your failure to seek reimbursement for police of?cer training, as well as you blaming it on not receiving a reminder, further demonstrates your ?nancial irresponsibility. 3. You signed a number of contracts on behalf of the City without authority from the City Council or consulting with the City Attorney. Both these actions demonstrate carelessness. Moreover, in the case of the Hospital contract, you knowingly failed to provide 24-hour coverage as promised in the contract. You testi?ed under oath that you were available on?call for two hours of the 24-hour period, but further acknowledged that being on?cail did not sab'sfy the contract requirements. Your actions unnecessarily put the City at risk of being in breach of contract and left the Hospital without expected coverage. Your actions were imprudent and further demonstrate that you are not suited to be Police Chief. For me foregoing reasons and those noted in my letter of January 17, 2019, you are demoted to the position of police of?cer. Please report for duty on June 10, 2019. In accordance with the City of Colfax Civil Service Commission Rule: Regulations section 5.03, you have 10 business days to re Service Commission. 4% VJ G. Todd Vanek, Mayor ply to this notice and to request a hearing before the Civil 400" Mill St Colfax.wA9911t (509) 397-3er June 3. 2019 Rick McNannay Palouse, WA 99161 Deaer This shall serve as a correction to your date of effective reinstatement as a police officer and your pay up to that effective date as indicated In my not'me of reinstatement to you dated May 29, 2019. In order to give you 14 days notice of a demotion pursuant to the personnel manual, the effective date of your demotion and reinstatement is June 13, 1019, not June 10, 2019. In accordance with that effective date, your paycheck on the next scheduled pay date after June 2019, will include omnpensatlon commensurate with your chief of Police position through June 12, 2019. Please report for duty on June 13, 2019. In accordance WMI the City of Colfax Civil Service Commission Rules EL Regulations section 5.03, you have 10 business days to reply to this notice and to request a hearing before the Gvil Service Commission. mqu G. Todd Vanek, Mayor