7 - Renton Police Department Public Records

Kevin Milosevich Page 3 of3 June 13,2011
I do not find
:onduct violated the following polices:
General Order 26.1.1.11 sections YY - Ethics. YY. Ethics - Members of the Police Department shall not conspire or knowingly engage in any activity which deprives any person of their civil rights, due process, equal opportunity for employment, advancement, job opportunities, or any constitutionally or statutory guaranteed right. No member of the Police Department shall disseminate confidential police-related information to any unauthorized person for any purpose.
Recommendations: Acting/Sgt ^Hjlhas a good reputation of service within the Renton Police Department and has performed in a professional manner in the past. A / S g ^ B ( p I believe got caught up in a friendship with Deputy Chief S g t ^ J B a n d S g t ^ l He had no intent to be deceptive or be part of creating or posting a video that caused harmed not only to the Renton Police Department but to the entity of SCORE. His actions or lack of actions have created questions about his loyalty to the police profession and the Renton Police Department. This incident/video was discussed in a Staff/Supervisors meeting, the inappropriateness of the video. He knew there was an informal investigation which if he would have come forward may not have initiated a formal internal investigation and his involvement would have been minimized greatly. A key element to being a supervisor is "Known or should have known" what a subordinate or peer does or not do and the affects those actions or lack of actions do reflect on the department and professionalism as a whole. I believe A/Sgt^JJJffailed to drawn the line between friendship and supervision and his lack of action was inappropriate as a supervisor and a member of the Renton Police Department. . I recommend that A/Sgt e issued a written reprimand.
h:\pat_serv\cmdr curry\internal investigations\201 l\co 03 1 l \ j ( J J P x i d i n g s and recommendations clark.docx
Renton Police Department
CO-0311
Discipline
POLICE DEPARTMENT
M E M O R A N D U M
DATE: TO: FROM: SUBJECT: Discipline CO-0311
I have reviewed the investigation and the discipline recommendations of both Commander Leibman and Commander Curry. The investigation revealed that: Sometime in December of 2010, S e r g e a n t ^ | created a cartoon style video, ridiculing members of our agency working in the jaii. S g t m told you that he was going to make the video. That you had_knowledge t h a t l l told Deputy Chief B I | H I Acting S e r g e a n t ^ H ^ U a b o u t the creation of the video. H i told Y that he put the video on YouTube. You stated in your interview that - "Absolutely nothing wrong with this video and the contents."
a n d o u
You agreed to keep the video secret and not divulge S e r g e a n t ^ J B involvement in the creation and posting of the video. During your interview, you were aware t h a t l l wanted to keep the creator of the video a secret to avoid fallout over somebody's feelings getting hurt. You were present at a staff meeting on January 6 where I explained the negative impact of the video.
th
Your conduct violated the following Department General Orders: General Orders 26.1.1-H-K- Unsatisfactory Performance Commissioned members of the Police Department shall maintain sufficient competency to properly perform their duties, and assume the responsibility of their positions. Members shall perform their duties in a manner which will maintain the highest standards of efficiency in carrying out the functions and objectives of the Department Unsatisfactory performance may be demonstrated by a lack of knowledge of the application of laws required to be enforced, an unwillingness or inability to perform assigned tasks, the failure to conform to . work standards estabiishedforthe officer's rank, grade, or position, thefaiiure to
Kevin Milosevich, Chief of Police Page 2 of4 August 5,2011
take appropriate action on the occasion of a crime, disorder or other condition deserving police attention, or absence without leave. In addition to other indicators of unsatisfactory performance, the following will be considered prima facie evidence of unsatisfactory performance: repeated poor evaluations, or a written record of repeated infractions of rules, regulations, directives, or orders of the Department Finding: Sustained
Loudermill hearing With Commander Curry According to Commander Curry's memorandum, you presented the following information: During your tenure with the department that you have handled many sensitive issues. As such you have been privy to many "secrets" that you have chosen to keep to yourself. That you do not believe that you have violated a policy. That the Renton Police Department does not have a specific policy regarding self-disclosure, That the video was a "parody" that "frankly got out of hand". That you believe that the second set of video's was the impetus for the investigation on the first video. That you recognize that the second sets of videos are much more offensive in nature. That you have never had a sustained internal during your employment with the department. Letter of Reprimand
Discipline Recommendation:
By your actions, you have sought the leadership track with the Department. You have been selected as a Field Training Officer, an Acting Sergeant, and have participated in the sergeant examination process. As a result of your desire to become a sergeant and your ranking on the previous sergeant's exam, you were promoted to sergeant. In your capacity as a Sergeant, you are formally one of the Departments leaders. This leadership role which you desire comes with a series of expectations. As a Department leader, if you were to observe conduct by an officer that is not consistent with Department policy or may jeopardize the safety of an officer there is an expectation that you will intervene.
It is expected that as a supervisor your responsibilities include documenting incidents where the city may incur liability. These two examples are what I define as the caretaking role of Department leaders. In this caretaking capacity, you have the obligation to look out for the best interests of the Department and the City. As a Department leader it is unacceptable: To have knowledge that others were developing a video that was demeaning of another work group within the department without notifying your supervisor. To not bring to the attention of your supervisor of the creator of this video knowing that the "administration" was not pleased with its creation.
Your actions are mitigated in that this incident involved two other sergeants and a deputy chief. August 4, 2011 Loudermill Hearing During this brief meeting, you were represented by Guild Attorney McClure. During this meeting your attorney stated: She believed that the decision to discipline is about information that is not included in this investigation. That the facts of the case and the policy violation do not reach the conclusion of a violation. That there is no department requirement to self-disclose. That the circumstances in this investigation were not an issue, until the second series of videos were posted on YouTube. And that the department's policies are not clear as to the responsibilities of a sergeant. That I should take into consideration your history with the department, and your lack of discipline.
In discussing this with you, I raised the issue of blurring the lines of responsibility of a sergeant and your past Guild responsibilities. In this discussion, you stated that you did not believe that you violated department policy. Discipline Decision: Letter of Reprimand
In our discussion, I did not feel that information that was provided would change my recommendation that was listed in my Intent to Discipline memorandum.
The Department's General Orders and the collective bargaining agreement outline your appeal rights.
I have received a copy of the discipline memorandum.
Date
POLICE DEPARTMENT
M E M O R A N D U M
DATE: TO: FROM: SUBJECT: Kevin Milosevich, Chief V Intent to Discipline CO-0311
I have reviewed the investigation and the discipline recommendations of both Commander Leibman and Commander Curry. The investigation revealed that: . Sometime in December of 2010, S e r g e a n t ^ i created a cartoon style video, ridiculing members of our agency working in the jail. * S g t H | told you that he was goingto make the video. That y o u h a c M ^ t h a t l l told Deputy Chief Acting Sergean^BP ^^Hpout the creation of the video. U f t o ' d y o u t h a t h e p u t t h e video on YouTube. You stated in your interview that - "Absolutely nothing wrong with this video and the contents." You agreed to keep the video secret and not divulge | ^ m | ^ B H involvement in the creation and posting of the video.
a n d
During your interview, you were aware t h a t l l wanted to keep the creator of . the video a secret to avoid fallout over somebody's feelings getting hurt. You were present at a staff meeting on January 6 where I explained the negative impact of the video.
th
Your conduct violated the following Department General Orders: General Orders 26.1.1.II.K - Unsatisfactory Performance Commissioned members of the Police Department shall maintain sufficient competency to properly perform their duties, and assume the responsibility of their positions. Members shall perform their duties in a manner which will maintain the highest standards of efficiency in carrying out the functions and objectives of the Department Unsatisfactory performance may be demonstrated by a lack of knowledge of the application of laws required to be enforced, an unwillingness or inability to perform assigned tasks, thefaiiure to conform to work standards established for the officer's rank, grade, or position, the failure to
Kevin Milosevich, Chief of Police Page2of3 July 5,2011
take appropriate action on the occasion of a crime, disorder or other condition deserving police attention, or absence without leave. In addition to other indicators of unsatisfactory performance, the following will be considered prima facie evidence of unsatisfactory performance: repeated poor evaluations, bra written record of repeated infractions of rules, regulations, directives, or orders of the Department Finding: Sustained
Loudermill hearing with Commander Curry According to Commander Curr/s memorandum, you presented thei following information: During your tenure with the department that you have handled many sensitive issues. As such you have been privy to many "secrets" that you have chosen to keep to yourself That you do not believe that you have violated a policy. That the Renton Police Department does not have a specific policy regarding self-disclosure. That the video was a "parody" that "frankly got out of hand". That you believe that the second set of video's was the impetus for the investigation on the first video. That you recognize that the second sets of videos are much more offensive in nature. That you have never had a sustained internal during your employment with the department. Letter of Reprimand
Discipline Recommendation:
By your actions, you have sought the leadership track with the Department. You have been selected as a Field Training Officer, an Acting Sergeant, and have participated in the sergeant examination process. As a result of your desire to become a sergeant and your ranking on the previous sergeant's exam, you were promoted to sergeant. In your capacity as a Sergeant, you are formally one of the Departments leaders. This leadership role which you desire comes with a series of expectations. As a Department leader, if you were to observe conduct by an officer that is not consistent with Department policy or may jeopardize the safety of an officer there is an expectation that you will intervene.
Kevin Mflosevich, Chief of Police Page 3 of3 July 5,2011
It is expected that as a supervisor your responsibilities include documenting incidents where the city may incur liability. These two examples are what I define as the caretaking role of Department leaders. In this caretaking capacity, you have the obligation to look out for the best interests of the Department and the City, As a Department leader it is unacceptable: To have knowledge that others were developing a video that was demeaning of another work group within the department without notifying your supervisor. To not bring to the attention of your supervisor of .the creator of this video knowing that the "administration" was not pleased with its creation. Your actions are mitigated in that this incident involved two othersergeants and a deputy chief.
The Department's General Orders outlines your appeal rights. Please notify Melissa Day within five (5) days of receiving this memorandum if you wish to discuss this discipline recommendation or request to exercise your appeal options. After notification, I will schedule the appropriate meeting. I will then notify you of my final decision. I have received a copy of the intent to discipline memorandum.
Sergeant <
Date
POLICE DEPARTMENT
m m .
M E M O R A N D U M
DATE: TO: FROM: CC: SUBJECT: July 5, 2011 Kevin Milosevich, Chief of Police K. M. Curry, Commander** ""^ ^Sergeant Recommendation for Discipline CO-0311
2
On July 1, 20111 sent you finding and recommendation for Sergea matter.
in the above
For clarification purposes, my recommendation for discipline in this matter for Sergeant m ^ s h o u l d have read "written reprimand" and not "written warning". I used the wrong language and I apologize for any confusion in this matter.
POLICE DEPARTMENT
City of
M E M O R A N D U M
DATE: TO: FROM: SUBJECT: July 1, 2011 Kevin Milosevich - Chief of Police K. M. Curry-Police Commander Findings and Recommendations CO-0311
I have reviewed the information contained in the investigation conducted by Commander Leibman. I have also reviewed the findings and recommendations provided by Commander Leibman regarding Sergeant J ( ( ( ( J ^ i n v o l v e m e n t in the allegations made resulting in the internal. The investigation revealed that: Sometime in December of 2010, S e r g e a n t U created a cartoon style video; ridiculing members of our agency working in the jail. told Serjeant Ûl' \e was going to make the video. Sergea ntflHfenad knowledge t h a t ^ B told Deputy Chief and Acting *^^HPF k ^ e creation of the video. put the video on YouTube and (^JJpviewed the video using thatsite. Sergeant ^JJpstates during his interview that there was "Absolutely nothing wrong with this video and the contents/ Sergeant JJK âgreed to keep the video secret and not divulge Sergeant involvement in the creation and posting of the video. During the interview S e r g e a n t ^ J H advised t h a t ^ H wanted to keep it a secret to avoid fallout over somebody's feelings getting hurt. S e r g e a n t ^ admitted in his interview that he was asked if he had something to do with the video or know who did. He knew he wasn't being truthful when he hid his knowledge. S e r g e a n t j j J J d was present at a staff meeting on January 6 where you explained the negative impact of the video. Even though he had knowledge about this he didn't advise you what he knew.
S e r g e a i a 0 U t 7 th
B toldflBhe

Violation of General Orders 26.1.1.II.B - Unbecoming Conduct Members of the Police Department shall conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department
Kevin Milosevich Page 2 of4 July 1,2011
Unbecoming conduct shall include that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual. Finding: Sustained
Violation of General Orders 26.1.1.ILK - Unsatisfactory Performance Commissioned members of the Police Department shall maintain sufficient competency to properly perform their duties, and assume the responsibility of their positions. Members shall perform their duties in a manner which will maintain the highest standards of efficiency in carrying out the functions and objectives of the Department Unsatisfactory performance may be demonstrated by a lack of knowledge of the application of laws required to be enforced, an unwillingness or inability to perform assigned tasks, thefaiiure to conform to work standards established for the officer's rank, grade, or position, thefaiiure to take appropriate action on the occasion of a crime, disorder or other condition deserving police attention, or absence without leave. In addition to other indicators of unsatisfactory performance, the following will be considered prima facie evidence of unsatisfactory performance: repeated poor evaluations, or a written record of repeated infractions of rules, regulations, directives, or orders of the Department Finding: Sustained
Violation of General Orders 26.1.1.II.YY - Ethics Members of the Police Department shall not conspire or knowingly engage in any activity Which deprives any person of their civil rights, due process, equal opportunity for employment, advancement, job opportunities, or any constitutionally or statutory guaranteed right No member of the Police Department shall disseminate confidential police-related information to any unauthorized person for any purpose. Findings: Not Sustained
These findings are based on the following:
it is unreasonable
to conclude that
Sergeant^^Jpdidn't believe there
was
anything wrong with the contents o f the video. He conspired with | B to keep it a secret believing it may be harmful to others and also believing that involvement was exposed that it could b ^ w r n f u l t o | | B i career. Inefficiencies were created by SergeanJ^Jfwithholding information Chief.
ifjHI f r o m the
Kevin Milosevich Page 3 of 4 July 1,2011
The video was created for the purpose of ridiculing and demeaning other members of the department and then personally shared and posted to YouTube certainly impacted our organization. The investigation into this incident has consumed members of the department turning our focus from our daily service to citizens towards attempting to identify who had created and posted this video. This not only wasted time of our membership but also cause others outside the police department to waste their energy, efforts and time. _ The conspiracy to keep t h e ^ ^ involvement a secret cause Sergeant Û ^to be less than truthful (his own admission in his interview with Leibman) The conspiracy hiding the creating and posting of the video and all those involved has caused an adverse impact between SCORE and our department. You made your objectives clear by informing the management team your intent to find out who posted the video. As such S e r g e a n ^ ^ f d i d not perform his duties in a manner which maintained the highest standards of efficiency in carrying out the functions and objectives of the Department.
First Loudermill PrioMjo making findings and recommendations in this internal I met with Sergeant im This meeting was held in my office on June 28 at 1115 hours. Sergean was represented by Mr. Isaekson, Attorney at Law with Vick, Julius, McClure Office?
th
During this meeting S e r g e a n t j H J ^ p r e s e n t e d the following information: During his tenure with tfie department S e r g e a n t i i J ^ J p l a s handled many sensitive issues. As such he has been privy to many 'secrets' that he has chosen to keep to himself, He does not believe that he has violated a policy. Renton Police Department does not have a specific policy regarding selfdisclosure. Doesn't agree with Leibman's opinion that there was a conspiracy to withhold information. Informed me that it video was a 'parody' that "frankly got out of hand". He believes that the second set of video's was the impetus for the investigation on the first video. He recognizes that the second set of video are much more offensive in nature. He does not believe his behavior falls under unbecoming conduct and doesn't agree with Commander Leibman's other findings. He has never had a sustained internal during his employment here.
Recommendations: I find it very disturbing that we have leaders in our department that would conspire to withhold information from the Chief when the Chief had communicated his
Kevin Milosevich Page 4 of4 July 1,2011 dissatisfaction with the videoand the negative impact of the video on the organization. It is clear that S e r g e a n t ^ J J J c h o s e his allegiance to his colleagues over his dedication and allegiance to the organization. It is very disturbing that Sergeant^B^PBmitted that he was untruthful to fellow employees who asked about his involvement or knowledge about the videos. This is very dangerous behavior and by doing so he tacitly approves this behavior from the employees his supervises. Sergeant i m p a c t i o n s to c o n c e a l i n g | | ^ | involvement were deliberate. He knew or should have known to divulge this secret but chose otherwise. S e r g e a n t ^ J j p k n e w or should have known the impacts of this video on our department and on members ridiculed in the video. When advised of the negative impacts he should have come forward with the information he was concealing. Recognizing S e r g e a n ^ J K P clean disciplinary file I am recommending that you issue a written warning to him for the above sustained findings.
POLICE DEPARTMENT
M E M O R A N D U M
DATE: TO: FROM: SUBJECT:
Attached is a copy of the internal investigation CO-03-11 which you were listed as a subject of the complaint. Commander Leibman's findings and discipline recommendation are also provided. Prior to formulating my findings and recommendations you have the opportunity to review the investigation and meet with me to share any additional information that may help me in the decision process. This opportunity is voluntary, if you are interested in meeting please contact me within five business days to schedule a meeting. You will find two copies of this memorandum in your packet. Please sign and date one of the copies and return to my office. The signed copy will become part of the official record and filed with the complaint The other copy is for your records.
Date
Date
POLICE DEPARTMENT
lp7
^Mtaai
M E M O R A N D U M
DATE: TO: FROM: SUBJECT: 06/10/2011 Chief Milosevich Commander David Leibman Findings and Recommendations CO 03-13
This memorandum sets forth my findings regarding IA CA-03-11, and recommendation for disciplinary action regarding Sgt.j Sometime in December of 2010, S e r g e a n t ( | created a cartoon style video, ridiculing the interactions between the Renton City Jail and Patrol. The content of the video is described in the investigation. g S to make the v i d e c ^ ^ H r ^ aware t h a t | ^ also told act. S g t p p B a n d Deputy Chief that he hadcreated the video. O n c e ^ | made the video" he told flMfehe put it on YouTube a n d t t H | v i e w e d it there.
t o l d w a s in
Sg
i^^HP^
said he found the video veryjunny, and there was "Absolutely nothing wrong with this video and the contents." flKitthterview page 4) m told H ^ H f H P ^ ^ V H P disclose he had created the video saying, "I suggested we keep it between us." When asked why, he said, "So people wouldn't find out who created the video" ( j f l interview, page 3). H was very clear that he did not want people to find out he created the video. H used the word "secret" twice in speaking of his efforts to keep things quiet. [own opinion of why J | did not want others to k n o w H created the video was because, "I don't think he wanted to have any fall out over this considering, uh maybe somebody's feelings getting hurt." ^ m | i n t e r v i e w page 4) He further said that "Obviously somebody is going to have an issue with um, whatever involvement they may have with the video..." ^ d a l s o said "It's possible" that the video negatively impacted our relationship with some of the jail staff and with SCORE. When asked if anyone ever asked him if he had something to do with the video or knew anything about the video said "Oh sure, there's a lot of questions" and that he told these individuals that he didn't know. He told me that saying he didn't know wasn't
a n n o t t 0
the truth, and a better answer would've been to say he couldn't discuss it. He did not take this tact because, "that has a tendency to open up a whole 'nother door." |was present at a staff meeting on January 6 where the Chief explained the negative impact the video had on intradepartmental relationships. not come forward at that time because he didn't believe there were any violations of General Orders or Policies or Procedures. ^ ^ ^ i n t e r v i e w , page 11)
th
HVdid
|became aware that new offensive and inappropriate You Tube videos had been created and posted based o n ^ ^ H j original video. He did not come forward although he had discussions witlji , ^ ^ ^ a n d about how they were related to the original video. interview, page 14) There is no evidence t h a t ^ H B c r e a t e d or had any involvement in the new videos.
Summary of Findings ^ ^ | s a i d he found the video very funny, and there was "Absolutely nothing wrong was with this video and the contents." But HB knew t h a t | B i making a concerted effort to keep his involvement secret. '(///Q reasoned H wanted to do this to avoid taking responsibility for hurting people's feelings, and to avoid what he referred to as obvious issues that involvement inthevideo might bring up. Based on these two things, it's unavoidable to conclude that Û ^didn't realize there was something amiss on some level. anonymously publicized the video on one of the most powerful international media distribution networks in existence. The investigation showed t h a t ^ J p w a s one of only three people who knew he posted it. jdidn't appear to recognize that h a d ^ | intended the video as a simple private humorous creation, he would have kept it to himself, and perhaps shown it to and other close friends outside of the work environment. I n s t e a d , ( ( | deliberately did the opposite. m created a literal conspiracy with V P n d ^ P o keep what he calls "a secret" from everyone else, beginning with the video's inception through the period when it was obvious the video was causing problems in the Department. A l t h o u g l ^ ^ lay not have been aware of the degree of c o m p l i c i t y ^ ! created w i t h ^ J p a n d ^ H ^ m p ^ v a s aware t h a t | ^ was trying to keep himself out of trouble. This fact alone should have immediately raised red flags and caused him to realize something was wrong. Generally a secret of this nature indicates someone is trying to hide a wrong and this was an obvious example. âid he did not come forward with his knowledge of the video because he did not believe there was. any violation of General Orders or Policies or Procedures. This is a
very troubling point of view since ^ ^ ^ f t c k n o w l e d g e d this video could offend others and damage working relationships. As a Renton Police Department Sergeant he was required to come forward in some capacity. Even absent a rule, it would've been the right thing to do under the circumstances. According t ( ^ U ( | he avoided answering honestly and directly when others asked if he had something to do with the video. He said he was untruthful. He wasn't forthright because it would've had "a tendency to open up a whole 'nother door". This door on own would have led t o ^ m exposure in this incident. Based statement, it appears he made a conscious choice to h e l p ^ H keep a secret.
^HHI
B | said he created the "Penny Tale" video as a spoof, and by one definition, a spoof is a mocking imitation of someone or something, usually light and good-humored. The video was not good humored. It deliberately distorted and exaggerated the jail's operations to cause a viewer to conclude that the jail and its employees were incompetent, ignorant and their value was less than that of a police officer. Because the video's humor focused on arrogance and superiority over the jail and its staff, the video couldn't reasonably have been expected to accomplish anything.but to negatively impact the relationship between the jail staff and the Renton Police Department, especially once it was made public. Its negative influence will have lasting effects on SCORE'S future relationship with the Renton PD. las a right to his own personal opinion, and he said he found the video funny. However, the humor in the video was made at the expense of ridiculing and demeaning other members of the Department. Once made public, it placed one group jagainst another, and undermined the efficient operations of the Department. J P f is a Sergeant for the Renton Police Department, not just for the segments of it that meet his approval or operate to his satisfaction. By failing to come forward with his knowledge in this incident, he contributed in causing harm to the relationship between the Department and Score.
t
Based upon all of the information provided, I find following policies: 26.1.1 Code of Conduct and Appearance Section II. B.
violated the
Unbecoming Conduct - Members of the Police Department shall conduct themselves at ail times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unbecoming conduct shall include that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual.
K.
Unsatisfactory Performance (Commissioned members) Commissioned members of the Police Department shall maintain sufficient competency to properly perform their duties, and assume the responsibility of their positions. Members shall perform their duties in a manner which will maintain the highest standards of efficiency in carrying out the functions and objectives of the Department. Unsatisfactory performance may be demonstrated by a lack of knowledge of the application of laws required to be enforced, an unwillingness or inability to perform assigned tasks, the failure to conform to work standards established for the officer's rank, grade, or position, the failure to take appropriate action on the occasion of a crime, disorder, or other condition deserving police attention, or absence without leave. In addition to other indicators of unsatisfactory performance, the following will be considered prima facie evidence of unsatisfactory performance: repeated poor evaluations, or a written record of repeated infractions of rules, regulations, directives, or orders of the Department. I do not f i n d ^ P P l c o n d u c t violated the following policies:
YY.
Ethics - Members of the Police Department shall not conspire or knowingly engage in any activity which deprives any person of their civil rights, due process, equal opportunity for employment, advancement, job opportunities, or any constitutionally or statutory guaranteed right. No member of the Police Department shall disseminate confidential police-related information to any unauthorized person for any purpose.
Recommendations
S e r g e a n t p J p h a s T g o o d reputation of service to the Renton Police Department don't believe he has been subject to discipline in the past. I also don't believe lack of action was deliberate or malicious in nature. However, this incident intentionally brought public discredit on one of the Department's workgroups. As a Renton Police Department Sergeant^J|pshouId have realized
a c t i
i distributing and posting the video was inappropriate. He should've
known that his duty as a Sergeant required him to step up when Department members were being publicly ridiculed and a wedge was bring driven between members. Instead he rationalized that doing nothing was appropriate. It wasn't.
I recommend that Sergean
be issued a written reprimand.
Commander David Leibman
INTERNAL INVESTIGATION SUMMARY SHEET
Complaint Number Date of Incident Type of Incident Name of Employee
ffmJ (AftPA 3 ^ 8
'
1 1
Assigned Investigator Date Assigned Due Date Review Dates Extension
Completion Date Deputy Chief
PD_Admin/Milosevich/COInfo
STATEMENTS
The statements of employees, citizens complainants and witnesses.
The interviews, you conducted investigating the case, o Taped interviews should be transcribed, if possible. Signed statements and phone interviews.
PDÂdmin/Milosevich/COMo
RENTON POLICE DEPARTMENT INTERNAL AFFAIRS PREJNTERVIEW NOTIFICATION

CO-0311
Complaint Number
Sergean per Article 15, Section B of the Commissioned / Non-Commissioned Contract, I am advising you that: 1. The alleged complaint does / does not involve criminal activity. 2. The alleged complaint does constitute misconduct that would be grounds for termination, suspension, or other disciplinary action, 3. The alleged complaint if proven, may affect your ability for continued employment with the Department. 4. I am in charge of the investigation. 5. I will be conducting the interview.
Subject Officer
Assigned Investigator
RENTON POLICE DEPARTMENT INTERNAL AFFAIRS OFFICER NOTIFICATION

CO-0311
Complaint Number
Sergeant Û^per Article 15, Section B of the Commissioned / Non-Commissioned Contract, I am notifying you that a formal investigation is being conducted in which you are considered a: XX Subject Witness
The allegations of the investigation include the following violations of the General Orders of the Renton Police Department: General orders 26.1.1 sections B-Unbecoming Conduct, K-Unsatisfactory Performance, and YYEthics. If you are considered a suspect in this investigation, you have the right to Guild representation at the time of the interview, I have scheduled the interview for
HlkltM Vftf
' I
at
(7:30
hours.
If you have any questions, let me know.
RENTON POLICE DEPARTMENT INTERNAL AFFAIRS

ACCUSED OFFICER ADMONITION
CO-0311
Complaint Number
Today's date is 05/08/2011 at hours, I am Commander Dave Leibman interviewing Sergeantj(J^HHpt'egarding a complaint of Violations of General orders 26,1.1 sections B, K, and YYiwmmise^gQd to have occurred since January 2011. Sergeam J ^ J ^ d o you understand that this conversation is being tape recorded? (gôrNo) Let the record reflect that (jlUMf tfQ,C,LVfl is present. Please acknowledge your presence by stating your name. (Stating of Name) cvtir Sergeant^(^prior to this interview, were you given the opportunity to read the complaint of this incident? ^WorNo) Were you givpn an opportunity to consult with your Guild Representative prior to this interview? (es) or No) Sergeant ^mpi wish to advise you that you are being questioned as pait of an official investigation of the Renton Police Department, You will be asked .questions specifically directed and narrowly related to the performance of your official duties orfitnessfor office. 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. You are entitled to all the rights and privileges guaranteed by law and the Constitution of the United States, including the right not to be compelled to incriminate yourself. I further wish to advise you that if you refuse to testify or answer questions relating to the performance of your official duties orfitnessfor duty, you will be subject to departmental charges which could result in your dismissal from the Renton Police Department. If you do answer, neither your statements nor any information or evidence which is gained by reason of such statements can be used against you in any subsequent criminal proceeding. However, these statements may be used against you in relation to subsequent departmental charges. or No)
Semean^B(^do you wish to have a Guild Representative present during this interview?
Guild Representative
V I A .
STATEMENT OF SERGEANT
COMPLAINT NJJMBER: CO-03-11 INTERVIEWER: Commander Leibman LOCATION: Renton Police Department LEIBMAN: DATE: May 8, 2011 1756
Today's date is 05/08/2011^^56 hours. I am Commander Dave Leibman interviewing S e r g e a n ^ | H H P r e g a r d i n g a complaint of violations, of General Order: 26,1,1 SectionsB/K, and YY, which is alleged to have occurred since January 2011, S e r g e a r ^ ^ ^ d o you understand that this conversation is being tape-recorded? Yes.
LEIBMAN:
Sergean interview"
do you wish to have a Guild representative present during the
Yes, I do. LEIBMAN: Let the record reflect that Hillary McClure is present. Please acknowledge your presence by stating your name. Hillary McClure. S e r g e a n t f l f l prior to this interview were you given the opportunity to read the complaint of this incident? Yes, I was. LEIBMAN: Were you given an opportunity to consult with your Guild representative prior to this interview? Yes. LEIBMAN: SergeantflHppi wish to advise you that you are being questioned as part of an officiaMnvestigation of the Renton Police Department You will be asked questions specifically directed, and narrowly related to the performance of your official duties or fitness for office. 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. You are entitled to all the rights and privileges guaranteed by law and the Constitution of the United States including the right not to be compelled to incriminate yourself. I further wish to advise that if you refuse to testify or
MCLURE:" LEIBMAN:
(SS/H:PDADMIN:SHERRY:Complalnts/CO-03-l:
STATEMENT OF SERGEANT/1
answer questions related to the performance of your official duties or fitness for duty you will be subject to departmental charges which would result in your dismissal from the Renton Police Department, If you do answer, neither your statements nor any information or evidence which is gained by reason of such statements can be used against you in any subsequent criminal proceeding, However, these statements may be used against you in relation to subsequent departmental charges. LEIBMAN: LEIBMAN: So I need to have you sign on the line where it says to. O k a ^ P ^ you know I've interviewed J | and I've also been briefed uh about the inter view that uh had. And some questions came up during that investigation and that's what we're going to try to clarify today as well as some preliminary information. So uh, back in December or January uh H H I created a cartoon-style video and he posted it on You-Tube. Tell me what you know about that video. I know that the that | created that video and it was posted. Do you remember what the original video was called? I don't. It was a parody on our jail. LEIBMAN: Can you give me some examples of what was said in the video? There were several incidents of jailers uh refusing to book offenders based on issues within the jail, for instance, backpack was too big, or they were too intoxicated. There were a number of those included in the video. LEIBMAN; And do you recall when it exactly It was that you learned about the video? No, not exactly. LEIBMAN; Before the video was completed, d i d ( | tell you that he was goingto make the video or that he was working on such a video? Yes.. LEIBMAN: And uh, when was the last time, or ~ rephrase that, when was the first time you saw the video? Are you asking a date? LEIBMAN: Yeah, if you, I mean, as best you can remember.
(SS/H:PDADMIN:SHERRY:Complaints/CO-03-l:
STATEMENT OF SERGEANT!
Uh, I'm just taking a guess in January. LEIBMAN: flB0 LEIBMAN: First or, first part, middle part? Oh shoot Dave, I , I couldn't tell you. This was several months ago. And who all knew that 0 created the video. I know that I was aware that ^ LEIBMAN: created the video.
Okay, did, do you know of any other people that he told though? I don't have first hand knowledge of anyone else having knowledge of that video.
LEIBMAN:
Okay, so first hand being people that B told you that he told. Well no, people coming to me and telling me, If ^ tells me, that would be second hand knowledge. If, if you're asking if I was told that anybody else knew about the video. Yes, I did. And I was told.
LEIBMAN:
Okay, but did | Yes.
tell you that he told anybody else?
LEIBMAN:
Who did he tell, that he told. Uh,H||^Hand|
LEIBMAN:
Okay. Did | or uh, o r ^ ^ p or| anyone who had created it?
h, did any of them ask you not to tell
I'm sorry, did they ask me not to tell anybody that they created it? LEIBMAN: Yeah, did anybody, out of those other three people, did 0 say, Hey, don't fell anyone I've created it, or d i d | m or.^pever come to you and say, Hey, don't tell anybody who created it. No, they didn't, they didn't say uh, don't tell who created i t ^ ^ f and specifically had nothing to do with that. I did talk to B about um the video itself and it was still being, It was still in the process of being made. So it wasn't out for public viewing at that point
(SS/H:PDADMIN:SHERRY:Complaints/CO-03-ll
STATEMENT OF SERGEANTflflBl
LEIBMAN:
Okay, well in H Interview, uh he said that uh he told all three of you guys um I guess he, the quote is, "he suggested that uh that we keep it between us". I believe was the quote. Do you remember him telling you that? To keep it between us?
LEIBMAN:
Yeah. It's, It's possible, I don't remember those specific words. To keep it between us -1 know that there was limited people that had knowledge of it. But, B like I said, It wasn't completed yet, and uh he wasn't sure what he was goingto do with it when we first talked about that video.
LEIBMAN:
Okay, and I think actually this may have been maybe uh timeline wise, even after the video was, was out and about, let's, let's just jump ahead and say at this point the video is out and about, was there ever any point where ^ said that, or came to you and said, suggested that uh we keep this among the group of people,! Like I said, I don't know about'HBii land uh I | specifically, but yes, uh B and I had that discussion about when it did come out. To keep that, to keep it to ourselves.
LEIBMAN:
Okay, do you know why he didn't want other people to find out he'd created.it? It would be strictly based on my opinion.
LEIBMAN:
Um, I'll take your opinion. Well, there's absolutely nothing wrong with this video and the contents. These are all public knowledge uh. I , I don't think that he wanted to have any fall out over this considering uh maybe somebody's feelings getting hurt.
LEIBMAN:
Did you use the department email or computers to post, distribute, send, or receive the video? No, oh, lemme, lemme clarify. I don't know if I received it on department email. Um, the one time that I viewed it was at home. But I don't think I've received anything either on department email. And if I had, it's, it's been deleted, but it's always possible to take a look at that.
STATEMENT OF SERGEANT MLWLMM

LEIBMAN: Okay. Uh, the video eventually was posted on You-Tube. And do you remembe how you were made aware that the video had been posted there? The first video? LEIBMAN: Yeah. I think LEIBMAN: told me that he had actually posted it on You-Tube.
Did you ever go to You-Tube and watch the video then? Yes.
LEIBMAN:
So after that point, um, it's up on You-Tube, what discussion did you have with I once the video was on You-Tube? I think we discussed the fact that it was on You-Tube.
LEIBMAN:
Did you guys talk about any repercussions or any issues with, that that might have caused? I don't think there was a specific conversation about repercussions. Obviously somebody is going to have an issue with um, whatever involvement they may have with the video although nobody was named, I'm sure people can draw a conclusion that you know, maybe that was, X person X. Uh, I think we had a conversation about that.
LEIBMAN:
Did you have any discussion with either | Tube? Oh sure, we talked about it.
o r t f ^ ) n c e the video was on You-
LEIBMAN:
And, what was the conversation? Oh actually it was kinda funny. I think the conversation centered around the humor of the video.
LEIBMAN:
Did you know that|m removed the video after being told to do so b y H ^ i I didn't know that ^ h ' t remove the video. I know that it came down and then it was reposted shortly after.
t o m
(SS/H:PDADMIN:SHERRY:Complaints/CO^03-.ll
STATEMENT OF SERGEANT|
LEIBMAN: Okay, I'm sorry, so, you're not aware that j to take it down? | was, was the one that told I
Not that I recall. It's, it's always possible, but we we've had multiple conversations about these videos over the months. LEIBMAN: Okay. And as you just mentioned, the video was eventually re-posted on YouTube. Do you know anything about how that occurred? The rumor ~ all I know is rumor. Would you like that? LEIBMAN: I would. Okay. Yeah, all I know is that I was told that it was posted by an unknown individual after it had been removed, Not much help is it? LEIBMAN: Was it you that reposted the video? No. LEIBMAN: Do you know who later re-posted the video under Emperor-Naked? Excuse me, under what? LEIBMAN: That's a screen name. Uh, no. I have no knowledge of that. LEIBMAN: So after the video was re-posted on You-Tube, did uh
Hi (f^
lave
a n
discussion with you about how it got re-posted or any next steps to take? Next steps to take. LEIBMAN: Yeah. For example. Please. LEIBMAN: Um, it gets re-posted. Hmm-mm (affirmative).
(SS/H:PDADMIN:SHERRY:Complaints/CO-03-ll^
LEIBMAN: And um, it began to cause some controversy and so was there any conversation at any point of saying, Oh boy, I don't know where this came from, but this is not a good thing, is there anything else we can do to take it down or find out who did It, anything at all like that? No, you know, at that point I wasn't interested in who re-posted this thing. The fact was it was uh, it was taken down. Somebody else reposted it, and uh, none of had any choice in the matter at that point, I , whoever put it up, put it up? As far as taking it down again? Yeah, probably a good idea at that point. LEIBMAN: Well B put It up on You-Tube originally. Originally, correct. LEIBMAN: Yeah. So in your opinion, what do you think the impact of the original video was on the department? Depends on your point of view, I guess. LEIBMAN: That's why I'm asking your opinion. From my opinion, it was a parody of our Jail and issues that have been occurring for quite some time and uh I thought the video was extremely funny. LEIBMAN: Are you aware that outside agencies viewed this video? I am now, yes. LEIBMAN: ' At that time were you? Uh, that didn't come up for quite some time afterwards. I figured that it was going to be public cause it's on You-Tube and other, you know officers have um friends in other departments, so I'm sure that it was going to get out at that point, but no, I didn't have any direct knowledge until recently. LEIBMAN: . Do you think this video impacted our relationship with the Jail? The relationship? LEIBMAN: Hmm-mm (affirmative).
(SS/H:PDADMIN:SHERRY;Complaints/CO-03-l:
Again, it would depend on the individual. I've had a number of jailers approach me and tell me they thought it was extremely funny. LEIBMAN: Well, yeah, more specifically, do you think this video negatively impacted our relationship with some/some of the jail staff? It's possible. LEIBMAN: And how about with uh the new SCORE entity? It's possible. LEIBMAN: Do you remember what, at what point you became aware that H video had been viewed by many department members and was actually causing controversy? I knew shortly after it was posted um, that, that numerous department members had viewed it, but as far as controversy?? That was quite some time after. LEIBMAN: Did you ever talk with uh, H orjJ(J^bout what would happen if any of you were directly asked if you knew something about the video? No, I don't believe we had that conversation. LEIBMAN: Okay, and I'll give you an example. Just uh out of the two uh interviews that I'm aware of. Hmm-mm (affirmative). LEIBMAN: S o s a i d he told that he wouldn't lie about it if he was directly confronted and actually said virtually the same thing. Oh, heck, no, nobody's goingto lie about it. I'm sorry, I was going down a different path. LEIBMAN: Yeah, that's why I said that. Oh, no, if somebody's gonna ask me about it, absolutely I'll tell you about it. I , have absolutely nothing to keep from anybody.
STATEMENT OF SERGEANT)
LEIBMAN: I guess the actual question though is that, did you guys get together as a group and have that discussion? Yeah, no, we, we did not. I , I don't remember sitting down with those two or those three individuals and having a discussion saying, gee, we gotta keep this secret No. LEIBMAN: Okay. Did anyone ever ask you if you had something to do with the video or if you knew anything about who did the video? Oh sure, there's a lot of questions. LEIBMAN: ^ ^ ^ ^ LEIBMAN: What did you tell them? Didn't know. Is that true? That I didn't know? LEIBMAN: Yes. No, it's not true. LEIBMAN: Okay. A better answer for that would have been um, I can't discuss it But that has a tendency to open up a whole 'nother door. LEIBMAN: Once the video did become controversial, did u h ^ ^ J ^m^ver discuss with you about um, or in your presence, revealing-I'm goingto start over. Okay. LEIBMAN: Okay, once the video became controversial, did any of you guys ever have a discussion amongst one another that maybe it was time to bring it up - that the knowledge that B had created the video up the chain of command somewhere? I just want to make sure I understand this. Did WE have a conversation collectively about taking this forward or up the chain of command? (interrupted)
(SS/H;PDADMIN:SHERRY:Complaints/CO-03-ll
LEIBMAN:
Yeah, not, not necessarily all of you in one room, but individually, any combination of those four people. Any or individually,
LEIBMAN:
You and the three others. I , I had no intent of bringing that forward to anybody at that point in time.
LEIBMAN:
Were you present at a monthly staff and supervisor's meeting when this video was discussed? I've been present at all of them, yes, so, yes.
LEIBMAN:
So there was one specific one, it was on January 6 , And payroll says you were there cause you put in for overtime. Well, then I had to have been there,
th
LEIBMAN:
Do you recall the Chief talking about the video? I remember a couple conversations about the video. I don't remember the specific issues in that January 6 meeting.
th
LEIBMAN:
Do you remember the sense that uh, of, of the Chief's discussion about the video? I don't. Can you refresh me, or or-
LEIBMAN:
Well, I wasn't there either, but I'm told Okay, all right.
LEIBMAN:
I'm told that uh, that the discussion centered around his, his opinion that it wasn't appropriate and that he wasn't pleased that it was there. Does that ring any bells. Yeah, actually, I , I can, I remember a conversation about it, but no specifics.
LEIBMAN:
Okay, so, here's an issue, You're aware that the video at some point is causing some controversy. Um, it was discussed at staff. And the Chief clearly wasn't
(SS/H:PDADMIN:SHERRY;CompIaints/CO-03-ll
10
pleased. I guess why at that point didn't you come forward and, and tell somebody that you knew the origins of the video? Lstill don't' believe that there's any violations of General Orders or Policies or Procedures and I'm not sure that this needs to go forward to the Chief at that point whether he's pleased or unpleased. LEIBMAN: So, you don't think that a more appropriate thing to have done at that point would have been to tell him that you knew what was, where the video had come from? No, I don't believe so. LEIBMAN: Okay. Well, here's an issue. Okay. LEIBMAN: ;
Um, and I'm not reading this saying that you are unbecoming, but I want, I do wanna, I do wanna read the definition out of the General Orders of Unbecoming Conduct Okay.
LEIBMAN:
So members of the police department shall conduct themselves at all times both on and off duty in such a manner as to reflect most favorably on the department. Unbecoming conduct shall include that which brings the department into disrepute or reflects discredit upon the individual as a member of the police department or that which impairs the operation or efficiency, of the department, or the individual. So, do you think by you not coming forward that that could have impaired the operation or the efficiency of the police department? No, I'm not sure what that would have solved, me coming forward, The, apparently the video has, has been viewed as negative and there are some issues surrounding this video in someone's opinion. As far as conduct unbecoming, had I come forward with this, it would not have changed anything that happened prior,
LEIBMAN:
Sure. Does that, does that make sense?
(SS/H:PDADMINrSHERRY:Compiaints/CO-03-l:
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STATEMENT OF SERGEANT]
LEIBMAN:
It does. Okay.
LEIBMAN:
But, in an environment where there was ongoing controversy and fingerpointing, and obvious um, uh damage to relationships within the department, in that context, do you think that possibly not coming forward could have impaired the operation or efficiency of the department? No, I don't believe it's going to impair the operation or efficiency of the department.
LEIBMAN:
Do you think coming forward with your knowledge of creation of the video would have helped mitigate or end some of the original controversy? You mean after the video was posted?
LEIBMAN:
Yes, I don't, I don't believe that it would have changed anything at that point?
LEIBMAN:
About, about three weeks ago now, a new series of similar videos was posted on You-Tube under Mr. Fuddlestiks. Do you know who created these videos? No.
LEIBMAN:
Did you have anything to do with the creation of these videos? No.
LEIBMAN:
Did you view the new set of videos? Yes,
LEIBMAN:
Which ones did you see? Uh, as far as I know, all of them. I believe there was eight.
LEIBMAN:
Are you aware that the new videos caused a significant amount of controversy and disruption within the department and embarrassment in front of other agencies?
(SS/H:PDADMIN:SHERRY:Complaints/CO-03-i:
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STATEMENT OF SERGEANT1
I am. LEIBMAN; told me bis wife made him aware of the new set of videos and that this was about two weeks before they came out to the rest of the department. He told me that at about the same time, he notified you. Two weeks before they came out? F LEIBMAN: Yeah, is this, does thisI don't have a timeframe, I know I viewed them and there was several views. Several hits on all of the videos when I viewed them. LEIBMAN: Was this uh, in advance of when the rest of the department was finding out about them? No, I believe it was actually out at that time. That was my belief at the time. LEIBMAN: ' Do you remember about when that was? Can't have been that long ago, cause I viewed them at home. And I actually viewed them with my wife, LEIBMAN: Well, did tell you about them though?
Yeah, we ta - we had a conversation about them.

}
LEIBMAN:
Okay. I've had conversations with numerous people over those videos.
LEIBMAN:
Uh, yeah, but he says it was two weeks prior to when everybody else found out about them. That's actually what he said. Um, okay. I'd have to defer to him then. But the reality is when I pulled those video up - videos up they were, they had several hits already on each of them. So they had been viewed by numerous people by the time I got into them.
LEIBMAN:
When you learned about the new videos, did you have any conversation with uh any of the other three, WLWLW H orflH-egarding them?
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13
Absolutely. LEIBMAN: What did you guys talk about? I thought they were out of line. That was the main part - or the main um issue in the conversation. LEIBMAN: Did you guys have um any discussion about whether or not you thought they were related to the first video? Yes. LEIBMAN: And, what did you guys talk about? No, we had, we, we had the belief that it had nothing to do with the author of the first video, LEIBMAN: And why. Why did you believe that? Completely different. Um, in my mind -1, I've never asked B specifically, uh whether or not he did that, but I didn't think it was necessary because reviewing those videos uh, it was apparent to me at the time, that they were, that they were, done by two different people. The tone of the second set of videos was just nasty. LEIBMAN: Do you think that knowing t h a t ^ | uh had told at least according to what he said, uh, the other three of you about the new videos two weeks before they came out, that that would have been important information for an investigator trying to find out who created them? I'm not sure I understand that question. Well, if we go by based on what ( | said, which was that he, he knew about them two weeks in advance and had told you three as well, do you think having that information, if somebody was investigating this and trying to find out the origin I see what you're saying. LEIBMAN: - of the second set of videos, do you think knowingthat uh, the two week lead in time, uh would have been important to an investigator trying to find out where these videos came from?
MCCLURE: LEIBMAN:
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MCCLURE:
And again, I would just like to note that that's all based on assumptions because I don't know how we establish that the two week, other than that's what | said, but^pPP^fnderstand this two week period is, is a period of general knowledge. Is that my understanding, is what you're asking? Well, that the, that the videos existed. Right. Prior to most of the department knowing that the videos existed. That's the, the time period that you're, that's what you're creating. Yes, yes. So let me give you a scenario. So obviously this has been, has been a big deal. Um, had somebody in the department been notified these videos were out there prior to everybody else knowing about them, and an investigation would have begun at that time, which would have possibly allowed us some avenues via technology and some other ways to investigate this, do you think that that would, to knowing that they were out there two weeks in advance, would have been important to an investigator. Given two weeks, sure. I ,I , I think I see where you're, where you're going with this. Had, had that come forward earlier, would we have had a better chance to look into this and investigate it.
LEIBMAN: MCCLURE:
LEIBMAN:
LEIBMAN:
that's worded much better than ~ There you go. Yeah, sure, but I , I still have to call into question, the two week timeframe, because frankly when I was advised, uh, I had looked at those videos nearly immediately, and there were already numerous hits on those videos, so there was a number of people that were aware of these already, and I , I don't think it was, I don't think there was any, any forewarning, or notice given, Uh, I'm not sure where he comes up with the two week timeframe, but that's his. answer. That's okay. That's okay. Uh, I just, I , I know again, that there was numerous on them already so there's a lot of people that knew about it.
LEIBMAN:
Actually I had a part two to that question. Go right ahead.
LEIBMAN:
Trying to incorporate it the way you said it because it was so much clearer. So, do you think it would have been important for someone um had someone known two weeks in advance here at the police department, in administration
(SS/H:PDADMIN:SHERRY:Compla!nts/CO-03-l
15
STATEMENT OF SERGEAN]
for example, that those videos existed, do you think it would have helped them to mitigate the damage that they eventually caused? If that makes sense? It's possible. LEIBMAN: Okay. Do you have anything to add. That was my last question. No, sir. LEIBMAN: MCCLURE: LEIBMAN: Okay, Hillary? No. Okay, that concludes the interview with Sergeant! 11821 hours.
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16
Complaint Number
, per Article 15, Section B of the Commissioned / Non-Commissioned Contract, I am notifying you that a formal investigation is being conducted in which you are considered a: . Subject Witness
The allegations of the investigation include the following violations of the General Orders of the Renton Police Department:
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l^-ê^^^
AA Cw&r&s^/
If you are considered a suspect in this investigation, you nave the right to Guild representation at the tirrie of the interview. I have scheduled the interview for If you have any questions, let me know. hours.
PD_Admin/Milosevich/COForms
RENTON POLICE DEPARTMENT INTERNAL AFFAIRS PRE-INTERVIEW NOTIFICATION
Complaint Number
, per Article 15, Section P of the Commissioned / Non-Commissioned Contract; I am advising you that: 1. The alleged complaint etees-/ does not involve criminal activity. 2. The alleged complaint does constitute misconduct that would be grounds for termination, suspension, or other disciplinary action. 3. The alleged complaint if proven, may affect your ability for continued employ w&jV ' the Department. 5. I will be conducting the interview.
PD_Admin/MiIosevich/COFortns
COMPLAINT NUMBER: CO-03-11 INTERVIEWER: Commander Leibman LOCATION: Renton Police Department LEIBMAN: DATE: April 29, 2011 0904
Today's date is 04/29/2011, at 0904 hours. I am Commander Dave Leibman interviewing Sergeant H i regarding a complaint of violations of General Orders: 26.1,1 Sections B, K, AA, FF, and YY as well as violation of City policy 340-02, which is alleged to have occurred since January of 2011. S e r g e a n t ^ l do you understand that this conversation is being tape-recorded? Yes, Yes. Sergeant((| Y interview?
do o u w i s
IBB
LEIBMAN:
t o
have
a Guild representative present during the
H
LEIBMAN: Let the record reflect that Hillary McClure is present. Please acknowledge your presence by stating your name. Hillary McClure. Sergeant^B P this interview were you given the opportunity to read the complaint of this incident?
r i o r t o
MCLURE: LEIBMAN:
LEIBMAN:
Were you given an opportunity to consult with your Guild representative prior to this interview? Yes.
LEIBMAN:
S e r g e a n t ^ ) wish to advise you that you are being questioned as part of an official investigation of the Renton Police Department. You will be asked questions specifically directed, and narrowly related to the performance of your official duties or fitness for office. 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. You are entitled to all the rights and privileges guaranteed by law and the Constitution of the United States including the right not to be compelled to incriminate yourself. I further wish to advise you that if you refuse to testify or
(SS/H:PDADMIN:SHERRY:Complaints/CO-03-ll|
STATEMENT OF SERGEANT|
answer, questions related to the performance of your official duties or fitness for duty you will be subject to departmental charges which would result in your dismissal from the Renton Police Department If you do answer, neither your statements nor any information or evidence which is gained by reason of such statements can be used against you in any subsequent criminal proceeding. However, these statements may be used against you In relation to subsequent departmental charges. LEIBMAN: LEIBMAN: So B I need you to sign, and Hillary I need you to sign. B have you talked to Deputy Chief about this internal since you were notified on 10/25/11 at about 1030 hours?
LEIBMAN:
And just for brevity for purposes of this interview I'm gonna refer to Deputy Chief H B because it's much, much more quick. Uh, B did you create a cartoon-style video and post it on You-Tube?
A S
Yes. What was it called? Uh, I believe it was called a Penny Tale.
LEIBMAN:
LEIBMAN:
And what was it about It was about a Jailer talking to an officer.
LEIBMAN:
Can you give me some examples of things that were said in that video? It was commentary on examples of people not getting booked or things like that so um there was someone being too intoxicated to be booked in, backpack, um things of that nature.
LEIBMAN:
Okay, Reasons why someone, reasons why people have been refused.
LEIBMAN:-
Okay, and, and, uh I understand the emotion of the moment, but if you could try to lift your voice just a minute, er a little bit so we don't get it lost on the recorder. Who assisted you in the creation of this video.
(SS/H:PDADMIN:SHERRY:Complalnts/CO-03~ll|
I created it. LEIBMAN: And why did you create this video? A spoof. LEIBMAN: Who all knew that you created it? knew. Jjl^HBknew andi LEIBMAN: Iknew.
Did you ask uh any of the people who knew you created the video not to tell others that you had created it? Yeah, I suggested we keep it between us.
LEIBMAN:
And why did you tell them that? So people wouldn't find out who created the video,
LEIBMAN:
Did you tell ât you were going to make the video or that you were working on such a video prior to its release? Yes,
LEIBMAN:
And did he give you any counsel or advice at that point? No, not really. I mean we talked about it, but he didn't, nothing one way or the other, Nothing says you should or um you know, I , I showed it to him. He said he thought it was funny,
LEIBMAN:
And when did you share this video with
It has to be end of December sometime. I don't know specifically. LEIBMAN: I'm sorry was that September or December? December. LEIBMAN: Oh December, okay. Yeah, at the end of December at some point.
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LEIBMAN:
Okay, and at that point what w a s ^ H reaction to this video?

H e t0
'd
m e
he thought it was funny,
LEIBMAN: H I LEIBMAN:
And did he give you any direction at that time?

1
don't know, I mean direction to what?
I guess I, what kind of feedback did he give you about that video? Just that it was funny?
J u s t
H I LEIBMAN:
that
it was funny,
Okay. And how did you distribute this video to department members? ft' u H j M H ^ ^ t h a t said you know something to the affect of I thought you would think this was funny, or you may think it's funny or something like that.
1s e n t 1sent a n e m a i l t 0
LEIBMAN:
Did you send that from - what account did you send that from? From home. Not from home, but I think from an off site email address.
LEIBMAN:
Did you use the, the department email to post, distribute, send, or receive the video at any point? ^ showed you a document from l/T it might help you refresh your memory a little on that. So it looks like on uh 1/3/11 at uh and I'm presuming that what Metty means is, is uh _ _ _ is afternoon time, but at 0306 and 0315 there was some emails that were sent around the department and you were the recipient of one. Uh . ^ H H B f recipient and the sender's name was Unicorn Movies. Do you have any idea who that is?
w a s t h e s e c o n d 1
H H
LEIBMAN:
That's me. LEIBMAN: | B | Okay. But it might a, I didn't send it from the City email if that makes sense.
(SS/H:PDADMIN:SHERRY:Complalnts/CO-03-lll
STATEMENT OF SERGEANT |
LEIBMAN: Yeah, well it looks like you may have cc'd yourself because it did come in to the City email system. When I sent it out, I was trying to figure out how, I was experimenting when I sent it out. And I never, I never received it. I never seen it, so I didn't think that I received it if that makes sense. Because there was, because I , so what t o happened was, I was trying to figure out how I was going to send it and so I , I don't know How I got on there, but I sent it to several people, because I thought of sending it to myself as well, and then I thought better of it. Um, and I didn't know if it went through or not, so I assumed that it didn't go through.
{0fc
LEIBMAN:
Okay, is it possible it went through. I mean I'll show this to you, I'm not Well, it, must be. I mean, yeah, I'm not saying that I , I'm not saying that I didn't do that. I mean I , but I didn't sit down from a City computer and send stuff out.
!t
LEIBMAN:
Okay. That's what I thought you meant.
LEIBMAN:
Okay. at some point, you know, I put my name down, um, there could be, yeah, I mean l~
B u t
LEIBMAN: H I
Did yo.u, yeah, there you go. I put other, yeah I mean I put a list and I don't know if that ever went through to them or not. Okay.
LEIBMAN:
WLwW
LEIBMAN: Yeah, Cause I never remember seeing it on mine so I assumed that it didn't go out to anyone else.
(SS/H:PDADMINjSHERRY:Complaints/CO-03-ll|
LEIBMAN: Okay. So once the video - well let's talk about how it got to You-Tube. So you posted on You-Tube and once it was out there did | | ^ | give you any direction at all about what you should or shouldn't do at that point? He sent me a text saying that uh, to pull it off. LEIBMAN; And the - what happened then? ' pulled ^ f right away. LEIBMAN: The video was eventually re-posted on You-Tube. Do you know how that came to pass? I do not. LEIBMAN: | U LEIBMAN: But it wasn't you? It was not me. And do you know who uh the video was re-posted under Emperor Naked at some point. Do you have any idea who that is? I have no idea. What discussion did you a n d ^ ^ l have after the video was re-posted to YouTube? Did he give you any direction at all or ask you any questions about the reposting? > that I remember. I mean we, we talked about the video. Um, you know he indicated people were upset and stuff like that, but um, I don't remember if he asked me or not, but I , I did not remem -1 didn't know who did it so. I don't remember having a specific discussion about the re-posting other than general talk. LEIBMAN: What was the impact of the original video on the department? In my opinion?' LEIBMAN: Yes. I think it resonated with uh, with a lot of people. It created a buzz.
No n o t o f
m f LEIBMAN:
(SS/H:PDADIVIlN:SHERRY:Complaints/CO-03-ll|
LEIBMAN; Are you aware that outside agencies viewed the video?
LEIBMAN: MCCLURE:
What perception does this video create for the viewers? I'm not sure how he can answer someone else's perception. He can talk about his own perceptions, but I don't know how he can say what it means to someone else. Okay, please answer the question. What my perception of what that would be. Can, can you ask it again.
LEIBMAN:
LEIBMAN: IBB LEIBMAN:
Yeah, what perception does this video create for the viewer? My opinion of that. Sure. .
That there's problems. LEIBMAN: I B LEIBMAN: JUDD: LEIBMAN: Problems with what? With the SCORE and with the relationship between SCORE and the department. And would this video impact our relationship with the Jail? It certainly could. How about with SCORE? Certainly could. LEIBMAN: [ H i LEIBMAN: H i In the video who does the clown represent? The Jail. Just uh not a person, but just the entity? Correct.
STATEMENT OF SERGEANTI
LEIBMAN: In the video after mentioningfl (U what did you mean by the comment, H is not a status quo Renton insider. 't means he's new, he's not gonna put up with, with all the stuff that has gone on over the years. And what did yog mean by the comment, We have spent the last two years burning bridges and shirking responsibility? That/that's what the Jail has done. I mean, that's my opinion of what the Jail has done. Is that specific enough? Er, I mean Yes.
ol<a
| B I
LEIBMAN:
B H
LEIBMAN: H H LEIBMAN:
V-
At the very end of the video, the officer asks the clown, Have you guys hired anyone for SCORE. You need to hire lots of people, right? What did you mean by the comment, Do not even get me started, that my friend is another Tale?
J u s t t h a t
^ e y haven't even begun to, there's was lots of complaining about the about them not hiring and not having enough, and stuff like that.
LEIBMAN;
Was there another tale? didn't, when I made it, I , I left that possibility open, But I never did another one,
1
LEIBMAN:
At what point did you become aware that your video was observed by many department members and was causing controversy? Well, as soon asl I told me.
LEIBMAN:
Did you ever talk with | B about what would happen if either of you were asked if either of you knew something about the video? remember telling everybody, and the other two, at, you know, at some point, if it comes open I'm goingto you know, I mean I'll fess up to it and say that I did it.
1 a n d
LEIBMAN:
Besides the people you initially told about the video, did anyone ever ask you if you had something to do with the video?
(SS/H:PDADMIN:SHERRY:Complalnts/CO-03-ia|
STATEMENT OF SERGEANTl
B H LEIBMAN:
In a round-a-bout way, but nobody specifically asked me if I did it What did you tell them? never really answered them. I just said that I'd seen the video and I thought that it was funny.
1
LEIBMAN:
Well, I guess the question is, did somebody ever say, H e y ^ | did you have something to do with that video? I don't remember that specific question, but nobody put me on the spot and said did you do the video. At any pointdid you and B B I discuss intentionally trying to keep your involvement in creating the video quiet? I don't - no, I mean, we talked about just you know keeping it a secret, but, but never this subversive if, if we were in this type of situation, you know, that we were gonna band together to not say anything. There was nothing like that, Once the video became controversial, did you and B B I discuss revealing your involvement to anyone else in the chain of command?
e v e r
IBB
LEIBMAN:
^^B
LEIBMAN:
LEIBMAN:
Okay, so I just want to summarize I guess um, combination of these two questions. So, in the scenario um, the controversy erupts regarding this video, and so, you and | H I never had a discussion at all about what you ought to do about that I guess that's the point of those two questions. I'm not sure I understand, I track that question, can you do that one again, I'm sorry. I , I can. So, this video became controversial. Obviously, you know a fuss was raised and, and people were upset and so the question is, is that did you and BBI have any conversation about what that meant and maybe what next steps you should take, maybe if it would be the right thing to tell somebody about it, or maybe if it would be the right thing in your guy's case to say nothing about it
e v e r
MCCLURE:
LEIBMAN:
Well, we just talked about you know, not saying anything. We didn't, we did not make a pact that you know, if you get put on the spot, or I get put on the spot, that we wouldn't tell, I mean, you know, there is a reality, when, you know, when I did this and I think I spoke with all of them about it, that, at some point I may have to answer to it. Um, and so, I mean, although I wanted to keep it a secret if I was put on the spot and asked, you know, I would be forthright about it. LEIBMAN: Okay. Were you present at a monthly staff supervisor's meeting when this video was discussed?
LEIBMAN:
Do you recall what was said? I don't.
LEIBMAN:
Uh, but it was about the video?

Y e a
h / êre was, yeah, the Chief made comments about it.
LEIBMAN:
So, after that uh, why did you fail to come forward to admit in creating the video? I don't remember what was said at the meeting to be honest with you.
LEIBMAN:
Okay, well, let's just go back to general flavor then. I guess I wouldn't expect you to remember verbatim, um, but, you were at the meeting, video was discussed at this point, and I'm paraphrasing, so you can correct me at any point, um, controversy was heard regarding the video. Um, so, following that train of thought, after the meeting and you know the Chief was obviously had issues with it, because it was a group discussion um, why did you fail to come forward to admit that you'd created it?
1d o n
't
k n o w
- Because I wanted to -1 didn't want to admit that I did it, I guess,
LEIBMAN;
Okay. As a Sergeant with the department, you have a leadership role, Is the creation and dissemination of this video consistent with your leadership role? As defined by the department, no,
LEIBMAN:
Why not.
{SS/H:PDADMIN:SHERRY:Complaints/CO~03-ll|
10
Cause it creates a controversy. LEIBMAN: Is withholding your involvement and knowledge of this video consistent with your leadership role? I mean I , I would guess no. LEIBMAN: |BB Why not? Based on your line of questioning, I'm assuming that, that uh, that you're saying that the Chief expected me to come forward after that meeting if - had I done it, um, and that's what that conversation was about and I didn't do that, Okay. I guess this would be an opportunity if you chose to take it to tell me what it is that you think your leadership role is and how this fits in to that. I guess why you didn't do it and how in your mind this would fit into that. You don't have to, I'm just, I guess I'm personally curious at this point. You're kind of putting the whole thing back on the Chief that you would, the Chief would expect that you're a role model, you're a leader in this department, so I'm ask -1 guess I'm asking what your expect - expectations are of your role and how your actions fit in to what your expectations are.
W e
LEIBMAN:
I B
"/ Pitting it on the Chief. I mean, I'm the one that created the video. I'm the one that, that created this whole thing, so I , I mean, the Chief is the Chief, It's not on him. It's on me. It was based on your question that I , that I answered it that way.
| / m
n o t
LEIBMAN:
Let me read the uh definition of unbecoming conduct out of the General Orders, Members of the department Police Department shall conduct themselves at all, times both on and off duty in such a manner as to reflect most favorably on the department. Unbecoming conduct shall include that which the department into disrepute or reflects discredit upon the individual as a member of the Police Department or that which impairs the operation or efficiency of the department or the individual. Did this video bring the department into disrepute? Yes.
LEIBMAN:
Can you explain how?
11
Basically, by, by that, creating controversy. Um, by doing commentary and drawing um doing comedy on relationships between uh parts of the department and publicly stating that there's you know friction or, or you know making fun. LEIBMAN: Did " Y disclosed your involvement in the original video to the Chief. And do you recall when he told you that? Um, last week sometime. LEIBMAN: Did he tell you exactly what he told the Chief?
N t e o u t h a t h e h a d
/ he just told me that he, that he and the Chief had had a conversation and that he had told the Chief that uh, I was, excuse me, I was the one that did it. Last week a new series of similar videos were posted on You-Tube under Mr. Fuddlestiks. Do you know who created these videos?
LEIBMAN:
LEIBMAN:
Have you ever used the word Fuddlestiks in any way shape or form prior? Absolutely not.
LEIBMAN:
Okay, so one more specific. So did yog create the videos, and before you answer, I want to remind you that truthfulness is outlined in your garrity advisement as demanded. I created the first video.
LEIBMAN:
Okay. That's it. I didn't have anything to do with the other ones.
LEIBMAN: I
Okay. When were you made aware of the new videos? The new videos now. My wife called me and told me that a sergeant from Kent talked to her and told her there was new videos and that they were funny and she asked me if I'd seen to them and I said no. Um, I sent a uh a text to | ^ H H said there's new videos you know I didn't have anything to do them. Um, I looked at them. I started to look at'em. I got through one of them. Um, I didn't like it, I didn't think it was funny. I thought it was way over the top and inappropriate. Um, I started to look at the second one and I stopped because
4HI
n d
(SS/H:PDADMIN:SHERRY:Complaints/COr03-ll|
12
um it made me angry. Um, and at some point you know H ^ n d ^ P and mi and I , not all at one time, but um at different times discussed it and we all were in agreement that, that, it was you know completely inappropriate way over the top and, and uh, you know I told them I didn't even feel comfortable watching the thing because it's not - the things that are represented in there is not the way lam. LEIBMAN: Did, did you call uh Craig Sjolin, or did Sjolin call you when you were on your way down to Rflea with ^ 1 I'm going to object to this line of questioning because Craig is a Guild representative. Um, and it would be interference forthe department to be questioning um employees about their communications with the Guild representatives. Well, did he call you as a Guild representative, or did he call you to express his dissatisfaction with the videos? So, he's also a police officer in this department. I understand that, but I also understand that the communications between Guild representatives and their employees, are, it's interference for employers to go trying to ask questions about what happened between those two in that role, so. Well, I guess I'm trying to define the role, And I understand they have that additional role, but primarily they also are police depart, police department employees. So I'm trying to find out if a phone call was placed and it has nothing to do with Guild membership whatsoever. And so I'm goingto ask you to answer that question,
MCCLURE:
LEIBMAN:
MCCLURE:
LEIBMAN:
LEIBMAN: B P LEIBMAN:
Okay. Was anyone else in the car? H I was in the car. Was it just you two? Yes.
LEIBMAN:
Okay, that's what I was trying to establish. So, I understand that you can't. describe your conversation with, with Craig, and that's fine, but following that discussion, uh did you and have any discussion between you two about
13
the new videos, their relationship to the first video, and whether or not you had anything to do with the new videos? H H | H | and l / H B and I talked about the videos a couple of times. And we're both, both of the, of the opinion that it's way over the top, it, you know, it's not, it's uh, it's nothing that I agree with. Um, the things that were said in there I think are, uh, are horrible and I wouldn't, I don't think thatway and I wouldn't say those things. Well, and I understand that. And/and, that's what our, and that's what our talks were about. So. And we discussed who, you know. We wondered who it was. And, and stuff like that. Did he at any point during that conversation ask you if you'd had anything to do with the new videos. Not, he didn't ask the question, I mean I , I was adamant that I didn't, so. I mean that, that wouldn't be a question that he would ask because um from the very beginning, you know, I've been so adamant that I had nothing to do with them. If that makes sense. I mean he wouldn't ask me that question because um he knows, I mean I had strong feelings about it. LEIBMAN: Okay. We both did. LEIBMAN: Okay, So, so the day ride - the day you.guys went down to Rilea, was that the first day, was that the day that you found out about the videos, or was that prior? I found out prior. I found out a couple weeks prior. About the new videos? About the new videos. And I didn't say anything to anyone because I don't, I didn't want to be part of that, I was hoping that they would get taken down, or they would just go away, or whatever. I didn't want to be, I didn't want to be spreading that so, LEIBMAN: So, when did you warn,) videos? | about the existence of the new
LEIBMAN: m
LEIBMAN:
m LEIBMAN:
(SS/H:PDADMIN:SHERRY:Compialnts/CO-03-ll|
14
When I found out about it. LEIBMAN: So a couple weeks prior to the trip down to Rilea. Yeah, give or take, yeah I mean, I think so. I don't remember the exact day, but I know that it was, it was probably more than a week. Cause I thought tomyself, well gosh, um, you know I think the other guys maybe watched, well I don't think^(|even could get to 'em and, and WkWwatched them or something. I don't know, we talked about it, and I said, I'm not, I'm not telling anybody about it because I don't, I don't want to spread that. LEIBMAN: MCCLURE: Okay. Uh, that was the last question I have. So, do you have some stuff? Uh, I just would like to note for the record, not asking of questions, but just note for the record based on um some of the questions that you asked in reading of policies that there is obviously more dynamics to it, than just this, or just the language of your policy on its face seems to be broader than I think would be um an accurate description of an employers ability to regulate someone's, an employee's behavior so just noting for the, the City, that there are First Amendment issues in this case as well as Guild right issues in this case. That's it? Yep. do you have anything else? No. LEIBMAN: Okay, that concludes this interview of Sergeant I uh at 0931 hours.
LEIBMAN: MCCLURE: LEIBMAN;
(SS/H:PDADM[N:SHERRY:Complalnts/CO-03"ll|
15

CO-0311
Complaint Number
Sergeantjd^per Article 15, Section B of the Commissioned / Non-Commissioned Contract, I am notifying you that a formal investigation is being conducted in which you are considered a: XX Subject Witness
The allegations of the investigation include the following violations of the General Orders of the Renton Police Department: General orders 26,1.1 sections B-Unbecoming Conduct, K-Unsatisfactory Performance, and YYEthics. If you are considered a suspect in this investigation, you have the right to Guild representation at the time of the interview. I have scheduled the interview for If you have any questions, let me know. / tW / at //:/.) hours.
RENTON POLICE DEPARTMENT INTERNAL AFFAIRS PRE-INTERVIEW NOTIFICATION CO-0311

Complaint Number
SergeantjJJ^per Article 15, Section B of the Commissioned / Non-Commissioned Contract, I am advising you that: 1. The alleged complaint does / does not involve criminal activity. 2. The alleged complaint does constitute misconduct that would be grounds for termination, suspension, or other disciplinary action, 3. The alleged complaint if proven, may affect your ability for continued employment with the Department. 4. I am in charge of the investigation. 5. I will be conducting the interview.
RENTON POLICE DEPARTMENT INTERNAL AFFAIRS

ACCUSED OFFICER ADMONITION
CO-0311
Complaint Number
Today's date is 05/08/2011 at hours. I am Commander Dave Leibman interviewing Act. Sergeant J " ./regarding a complaint of Violations of General orders 26.1,1 sections B, K, and YY, whichls alleged to have occurred since January 2011. Sergeant^^do you understand that this conversation is being tape recorded? f^yl or No) Sergean1^^(îo you wish to have a Guild Representative present during this interview? or No) Let the record reflect that |ffII/M/ M(lO,LUrfV is present. Please acknowledge your presence by stating yafxx name. (Stating of Name) Sergeant^BBIprior to this interview, were you given the opportunity to read the complaint of this incident? (Yes or No) Were you giyen an opportunity to consult with your Guild Representative prior to this interview? (Yes or No) Sergean^HjÎ wish to advise you that you are being questioned as part of an official investigation of the Renton Police Department. You will be asked questions specifically directed and narrowly related to the performance of your official duties or fitness for office. You are reminded that Section 26,1 "Insubordination" and "Truthfolness" of the Renton Police Department General Orders do apply in this matter and that you must truthfully respond. Any reftisal to respond may result in disciplinary action as outlined in General Orders Section 26.1. You are entitled to all the rights and privileges guaranteed by law and the Constitution of the United States, including the right not to be compelled to incriminate yourself. I further wish to advise you that if you refuse to testify or answer questions relating to the performance of your official duties orfitnessfor duty, you will be subject to departmental charges which could result in your dismissal from the Renton Police Department, If you do answer, neither your statements nor any information or evidence which is gained by reason of such statements can be used against you in any subsequent criminal proceeding. However, these statements may be used against you in relation to subsequent departmental charges.
Guild Representathfe J
STATEMENT OF SERGEANlflHHI
COMPLAINT NUMBER: CO-03-11 INTERVIEWER: Commander Leibman LOCATION: Renton Police Department LEIBMAN:
th
DATE: May 8, 2011 1850
Today's date is May 8 , 2011. at isô hours. I am Commander Dave Leibman Ser ean interviewing Acting 8 ÂHHi regarding a complaint of violations of General Orders: 26.1.1 Sections B, K, and YY, which is alleged to have occurred since January 2011. Sergean ^K ^do you understand that this conversation is being tape-recorded? Yes,
LEIBMAN:
Sergeant J U | d o you wish to have a Guild representative present during the interview? Yes.
LEIBMAN:
Let the record reflect that Hillary McClure is present. Please acknowledge your presence by stating your name, Hillary McClure. Sergeantjppp prior to this interview were you given the opportunity to read the complaint of this.incident? Yes, I was.
MCLURE: LEIBMAN:
LEIBMAN:
Were you given an opportunity to consult with your Guild representative prior to this interview? Yes, I was.
LEIBMAN:
SergeantJ ^P ^wish to advise you that you are being questioned as part of an official investigation of the Renton Police Department. You will be asked questions specifically directed, and narrowly related to the performance of your official duties or fitness for office. 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. You are entitled to all the rights and privileges guaranteed by law and the Constitution of the United States including the right not to be compelled to incriminate yourself. I further wish to advise that if you refuse to testify or
STATEMENT O F SERGEANTMHH
answer questions relating to the performance of your official duties or fitness for duty you will be subject to departmental charges which would result in your dismissal from the Renton Police Department. If you do answer, neither your statements nor any information or evidence which is gained by reason of such statements can be used against you in any subsequent criminal proceeding. However, these statements may be used against you in relation to subsequent departmental charges. LEIBMAN: LEIBMAN: Give that to you to sign, Now, I forgot a document, so, um, I would like to go ahead and pause for a minute and run down and get it if that's okay? Sure. Okay, I'm goingto stop this then at um 1853 hours. Okay, we're back on the record at uh 1854 hours. So uh , I've interviewed H H H l' been briefed on the contents of interview, then . of course I just interviewedJU|So some questions came up during the first couple of interviews that I'm going to want to clarify that so uh, back in December or January created a cartoon-style video and posted it on You-Tube. Tell me what you know about that video.
a n d ve a l s 0
MCCLURE: LEIBMAN: LEIBMAN:
It was just a basically a parody of some incidents that occurred in the jail. LEIBMAN: What was the original video called? Uh, I believe, I believe it was a Penny Tale, but I don't know for sure. LEIBMAN: Can you give me some examples of what was said in the video? Um, again, it was a parody, so I mean there was some information about booking backpacks. There was some information about um people being too drunk to be taken into jail. Um, The I think there was some information regarding people taking sick leave and stuff like that, LEIBMAN: Do you recall when exactly that you learned about the video? No, I don't remember specifically a day, no. LEIBMAN: Approximately?
(SS/H:PDADMIN:SHERRYiComplalnts/CO-03-ll|
STATEMENT O F SERGEANTMBBI
I don't even remember when it officially was posted, so if you can give me that, I probably knew about a couple weeks before then. LEIBMAN: Well, let me ask you then, how did you find out about It? Uh, S g t . H | told me about it. LEIBMAN: Before the video was completed, did | tell you that he was going to make the video or that he was working on such a video? Yes. LEIBMAN: Uh, H in H i interview he said he showed It to | December. So, does that sound about right? [aboutthe end of
It was in that general area, November, December. I don't, like I say, I don't know exactly when the video quote unquote was first published so I don't know specifically. LEIBMAN; And who all knew that created the video? Sgt. | | and he told me that Deputy Chief
Um, all I knew was Sgt. H | and myself. LEIBMAN:
Did or any of the other people you just mentioned ever have a discussion about not telling anybody who created it? I don't remember a discussion. I mean I think there was an attempt to be anonymous, yes.
LEIBMAN:
In H i interview, he said that uh he suggested that we keep it between us. More or less a quote, Do you recall him saying that? I don't remember that conversation, no. I mean I don't think we were out to telling anyone about its existence, no.
LEIBMAN:
Okay, well, that's what he told me that he said. I mean, that was his response Okay.
LEIBMAN:
- in there, so uh do you know why he would say something like that?
(SS/HlPDADMINiSHERRYXomplafnts/CO-OS-,
I don't know why he would say something like that. LEIBMAN; Did you use the department email or computers to post, distribute, send, or receive the video? You know, I don't remember ever using any department computer to view it, which would have been my only uh involvement with it would have been to view it. Um, there's a slight chance it could have got viewed in briefing, but I don't believe it ever was viewed on a department computer, no. LEIBMAN; Well, okay, so you may shown it in briefing? I may, I don't, I don't believe I did. But I don't specifically remember not doing it so. LEIBMAN: Uh, the video eventually was posted on You-Tube. How were you made aware that the video had been posted there? I got a call from uh S g t . H i telling me that the video was on You-Tube. LEIBMAN: And he told you that he put it there. He told me he put it there. Yes. LEIBMAN: Okay. Did he tell you why he put it on You-Tube. I'm assuming so people could watch it, but he didn't specifically state why he put it on there. LEIBMAN: Did you ever go to You-Tube and watch it? Yes. LEIBMAN: So onc^he video was up there on You-Tube, uh did you have any discussion w i t h ^ ^ B a t " out it being on You-Tube?
a at)
I don't believe I ever spoke to Deputy Chief I LEIBMAN:
I about the video,
After it was on You_-Tube, the original video, did you have any discussion with orl
Uh, S g t ^ m p a n d I would make comments occasionally about the video, but I don't remember a specific conversation. LEIBMAN: The video was eventually taken down from You-Tube. Do you know why that occurred, or how it occurred? Uh, S g t . H i LEIBMAN:
t o o l ( ! t
down.
And why did he do that? Um, I guess the reaction was uh unpleasant, so he immediately took it down,
LEIBMAN:
Do you know if that was ever, do you knowlf that was in response to a request by anybody in particular? I believe he said that uh Deputy Chief H H I
sa,
d '< it down.
ta
LEIBMAN: MCCLURE:
So why do you suppose H H
take it down?
I'm going to object to that question. It would just be a guess and I'm not sure how that helps, Okay, well, it's an opinion question. In your opinion why do you suppose H H would take, ask | to take that video down. Probably because people were receiving it unfavorably.
LEIBMAN:
LEIBMAN:
Uh, the video was eventually reposted on You-Tube. Do you know anything about how that occurred? I have no knowledge of how it got reposted or who did it.
LEIBMAN:
Okay. You didn't do it? I certainly didn't do it.
LEIBMAN:
Do you know who later reposted the video under the uh moniker Emperor Naked? Again, no I don't know anything about the reposting.
(SS/H:PDADMIN:SHERRY:Complaints/CO~03-i:
LEIBMAN: So after the video was repostedon You-Tube did you have a discussion with, ibout how it got reposted and if anything was with either 0 or to be done about it, I don't remember having any conversation about anything about that, I think it, nobody knew once someone else reposted It, I mean there's really nothing anyone could do. You'd have to probably go through You-Tube, but I don't think we ever had a conversation about it. LEIBMAN: In your opinion, what was the impact of this original video on the department? Can you be a little more specific? I don't know what you mean by that. LEIBMAN; What was the impact of this original video on the department? You've got the Jail, and uh, the front counter people, and uh you know specialty positions in' patrol officers so overall, administrators, how do you think the video was, was imp,actful on the department? I , I don't know. I mean there was a few people that I'm sure were upset. I mean I talked to some of the people in the jail and they thought it was funny and appropriate. LEIBMAN: Are you aware that outside agencies viewed this video? I'm not aware of that, no. LEIBMAN: So, in your opinion, what perception does this video create for the viewer? What message does it send? I'm not sure what, what you mean by the question. I mean, It was a parody. I think there was some elements of humor in there trying to make fun of some incidents, LEIBMAN: So if you were not a police officer on patrol here at the Renton Police Department, but anybody not in that specific workgroup, what do you suppose the perception of that video, what perception would that video create? For somebody that wasn't in your position? Well, I think you'd have.to be a department member to really appreciate the video, because I don't think any of the stuff would have any relevance if some outsider was viewing it. They wouldn't understand the innuendos, and the content.
(SS/H;PDADMINiSHERRY:ComplaInts/CO-03-13
STATEMENTOF SERGEANT!
LEIBMAN:
So, would it be fair for me to say that probably a majority of people that would view that video whether or not they were um intricately familiar with the Renton Police Department, do you believe that the perception of this video would create for them probably a sense that uh there was disfunction and that people were not doing their jobs? Uh, could be, I don't know.
LEIBMAN:
Do you think this video impacted our relationship with the jail and the staff there? Again, the few people I talked to, no it didn't seem to affect anyone in the Jail.
LEIBMAN:
You didn't talk to anybody that had a problem with it at all? No.
LEIBMAN:
Never heard of anybody that had a problem with it at all? Me personally, no.
LEIBMAN:
Do you think this video impacted our relationship with people in SCORE? It could I guess. I don't know.
LEIBMAN:
At what point did you become aware t h a t l l video had been viewed by many department members and it was causing controversy? Again, I , I don't know who all viewed it. I mean so, and as far as the controversy I think like I said, I didn't really hear much controversy other than I think the administration wasn't happy with it. I mean Dave Burdulis put a clown nose on and was wearing it at work.
LEIBMAN:
So you're not aware that it caused controversy? Negative controversy? Like I said, other than the administration wasn't happy with it, no I didn't hear of anything.
LEIBMAN:
Did you ever check-talk with " h | | ^ P H o r j j f about what would happen if any of you were asked if any of you knew something about the video?
(SS/H:PDADMIN;SHERRY:Complaints/CO-03-H
STATEMENTOF SERGEANT)
No, didn't have a conversation like that. LEIBMAN: m confronted and like that at all?
t o l d m e t h a t u m
?pld that he wouldn't lie if he was directly said the same thing. So you didn't have any conversation
h e
I don't remember having a conversation like that. LEIBMAN: Did anyone ever ask you if you had something to do with the video or if you knew anything about who did the video? I mean I heard a lot of people wondering who did the video LEIBMAN: , did anyone ever ask you if you had something to do with the video or If you knew anything about who did the video? Anyone meaning who? Any person in this entire world? Sure. Anybodyor no? I don't recall. LEIBMAN: At any point, did you, H | ^ H I J H I discuss intentionally trying to keep your knowledge of | H involvement in creating the video quiet? Again, I , yeah, I don't think -1 don't remember the exact conversation, but yeah, I mean it was, the video was created anonymously, and that was the intent, yes, LEIBMAN: So once the video became controversial, did y o u ^ H H JBH discuss revealing your knowledge about the video to anyone else in the chain of command? No, I didn't. LEIBMAN: Were you present at a monthly staff supervisor's meeting when this video was discussed by the Chief? I believe so, yes. LEIBMAN: Do you remember what was said?
o r e v e r 0 1 3 V e r
MCCLURE: LEIBMAN:
did any department member ask you that question, yes
(SS/H;PDADMIN;SHERRY:ComplaInts/CO-03-ll
STATEMENT OF SERGEANIjflHHl
I think ~ no, I don't remember what was said to be honest. LEIBMAN: Would it be fair to say that uh, that when the Chief brought it up he clearly was not pleased with the video. That's fair, that's a fair statement. LEIBMAN; Okay, so you say you didn't, at first anyway you say you didn't understand that the video was causing controversy. But I , I think I said, I think the only ones was the administration that it was causing controversy with, was the only ones I was aware of. LEIBMAN: Okay, fair enough. Uh, and it was discussed at a staff meeting, correct? LEIBMAN: So why did you fail to come forward and notify your chain of command that you knew who created the video at that time. I didn't think that I was required to. LEIBMAN: MCCLURE: LEIBMAN: What would the appropriate thing to do at this point have been? I'm sorry, I don't understand that question. After discovering that the video has caused controversy, even thought it was with only admin, and it was discussed at the staff meeting where the Chief expressed where it was inappropriate and he was not* happy with it, why didn't you at that time bring this issue to your chain of command? That you had knowledge of where the video came from, who created it? At that time I didn't think there was any informal investigation going on that would require me to. LEIBMAN: Is that the only circumstance that you would do that. Come forward with information like that? I'm not sure. I mean in this scenario, yeah, LEIBMAN: As a Sergeant with the department, you have a leadership role. Is withholding your knowledge of this video consistent with your leadership role?
STATEMENT OF SERGEANlflMfll
Again, I wasn't withholding knowledge. Nobodvspecifically, asked me from command staff or above. Like, like I thinkflMpsaid, or Deputy Chief | I mean if someone directly would have asked me, I would certainly tell the truth, but I didn't think I was compelled to come forward with any kind of information, when there's no formal investigation occurring. LEIBMAN: Let me read Unbecoming Conduct to you . Members of the police department shall conduct themselves at all times both on and off duty in such a manner as to reflect most favorably on the department. Unbecoming conduct shall include that which brings the department into disrepute or reflects discredit upon the individual as a member of the police department or that which impairs the operation or efficiency, of the department, or the individual. Did this video bring the department into disrepute. I don't know how I can answer that. LEIBMAN: You have no idea. Again, like I said, I think the only people I heard that were upset was the administration. People I talked to in the jail thought it was funny. LEIBMAN: Did your not coming forward impair the operation or the efficiency the police department. Certainly did not LEIBMAN: Do you think coming forward with your knowledge of | H f creation of the video would have helped mitigate or end some of the original controversy? leer-no. LEIBMAN: About two weeks ago, or about three actually now, a new series of similar videos was posted on You-Tube under Mr. Fuddlestiks. Do you know who created these videos? No, I don't. LEIBMAN: Did you have anything to do with the creation of these videos?. No, I don't.
(SS/H:PDADMIN:SHERRY;Complalnts/CO-03-ll
10
STATEMENTOF SERGEANTMBH
LEIBMAN:
Did you view the new set of videos? I've seen some of them, yes.
LEIBMAN:
Which ones did you see? Sergeant stuff, part one, two and three, interview with the Chief, um, these are just, I believe the titles that were working. Um, I think there's probably one more, but I don't know what it was about.
LEIBMAN:
Are you aware that the new videos caused a significant amount of controversy and disruption within the department and embarrassment in front of other agencies? Again, I , like I said, I heard people were upset I don't know whether they caused embarrassment. I guess that's for someone else to make a determination.
LEIBMAN:
Okay, so, are you aware that the new videos caused a significant amount of controversy? Well, you're telling me that, so yes.
LEIBMAN:
I'm asking you
or
Well, no, you -1 told ~1 think I answered the question, LEIBMAN: Are you aware that the new videos caused a significant amount of controversy, the new videos. Again, I don't know, I don't know who you would, who I would go to to determine that, so no. LEIBMAN: 0 told me his wife made him aware of the new set videos and that this was about two weeks before they came out to the rest of the department. He told me that at about the same time he notified you, and m andlM |about their existence. Is this correct? That sounds about correct, yes. I don't know specifically when.
(SS/H:PDADMIN:SHERRY:CompIalnts/CO-03-i:
11
STATEMENTOF SERGEANlSHBl
So when you learned about these new videos, did you have a conversation with Iregarding them? No, I uh, I wanted to go look at them. | told me he wouldn't even give me the link to go look at them so that was the only conversation I had. He said no, He doesn't even want to look at these. An investigator trying to find out where these videos originated from. Do you think that as a trained police officer and an investigator that you think that knowing the videos existed two weeks prior to them being introduced to everybody else here in the department would have been helpful to an investigation. Okay, say the question one more time, I apologize. If you were investigating a crime.
LEIBMAN:
And you became aware of the fact that pertinent information about the commission of that crime or planning of that crime was known two weeks prior to the commission of the crime (interrupted) Objection, that is not the question that is here. And going backwards, I don't think we've even established that this concept of general knowledge or when learned about this video's existence. Okay. Two weeks prior before the rest of the - let's suppose that two weeks prior to the rest of the department being discovering that the existence of these videos that you and others knew about the existence of the videos and putting yourself in the place of an investigator who is trying to find out - just a moment -
MCCLURE:
LEIBMAN:
Putting yourself in the place of an investigator who is trying to find out who created the videos, do you think it would be useful to know that the videos had been in existence two weeks prior? Sure, Can I add one comment here? LEIBMAN:
12
STATEMENT OF SERGEANT]
Okay. I had the conversation with Sgt H about these existing videos, he wouldn't give me the link. I went on line, tried to find them, couldn't find them. So I never actually viewed these things until much later on and then you know how I found out about them? I found out about them by S H f l H p a n d B H H f l H f r a c e b o o k page talking about them several weeK^ftermy phone caiTwitn^^ was never able to find them on You-Tube and then I saw them two talking about them on Facebook and I went, Wowl Maybe they're back and that's when I first saw them so it was several weeks after my conversation with
LEIBMAN:
Okay. Okay,
LEIBMAN:
That's my last question. Do you have anything you want to add? No,
LEIBMAN:
That concludes this interview at 1914 hours.
(SS/H:PDADMIN:SHERRY?Complaints/CO-03-ri
13
POLICE DEPARTMENT
M E M O R A N D U M
DATE:
FROM:
SUBJECT:
Kevin Milosevich, Chief of Police

Notice of Internal Investigation CO-0311
In accordance with General Order 52.2.5,1 am notifying you that you are the subject of an internal affairs investigation. This alleged complaint does not involve criminal activity. The alleged complaint does constitute misconduct that would be grounds for termination, suspension, or other disciplinary action. The alleged complaint if proven, may affect your ability for continued employment with the Department I am in charge of the investigation.
Allegations: Violation of General Orders 26.1.1.II.B - Unbecoming Conduct, K~ Unsatisfactory Performance, AA - courtesy, FF - Public Statements, YY - Ethics, and Violation of City Policy 340-02 Unlawful Discrimination, Harassment and Retaliation. You will be afforded all protections understate law, Civil Service, and City Policy and Procedures. I have scheduled the interview for Friday, April 29, 2011 at 1000 hours. The location of the interview is to be determined, If you have any questions or concerns, please let me know.
RENTON POLICE DEPARTMENT INTERNAL AFFAIRS ACCUSED OFFICER ADMONITION

CO-0311
COMPLAINT NUMBER
Today's date is April 29,2011 at O'f&S hours. I am Kevin Milosevich interviewing Deputy Chief H ^ ^ ^ I ^ H regarding a complaint of violation of General Orders: 26,1J TLB 26,1,1JLK 26.1.1.II.AA 26.1.1.II.FF 26.L1.ILYY Unbecoming Conduct Unsatisfactory Performance Courtesy Public Statements Ethics
Violation of City Policy 340-02 Unlawful Discrimination, Harassment, and Retaliation which is alleged to have occurred since January of 2011 D C m H | , do you understand that this conversation is being tape recorded? (Answer)^} DC do you wish to have a representative present during this interview? (YesorljiM Let the record reflect that
/
is present Please acknowledge your presence by stating your name. Prior to this interview, were you given the opportunity to read the complaint of this incident? (Yes or No) Wpre you given an opportunity to consult with your representative prior to this interview? (YeorNo) DC m , I wish to advise you that you are being questioned as part of an official investigation of the Renton Police Department. You will be asked questions specifically directed and narrowly related to the performance of your official duties or fitness for office. 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 tmthfully respond, Any refusal to respond may result in disciplinary action as outlined in general Order No. 26.1 You are entitled to all the rights and privileges guaranteed by law and the Constitution of the United States, including the right not to be compelled to incriminate yourself.
I further wish to advise you that if you refuse to testify or answer questions relating to the performance of your official duties orfitnessfor duty, you will be subject to departmental charges which could result in your dismissal from the Renton Police Department. If you do answer, neither your statements nor any information or evidence which is gained by reason of such statements can be used against you in any subsequent criminal proceeding, However, these statements may be used against you in relation to subsequent departmental charges.
STATEMENT OF DEPUTY CHIEF!

COMPLAINT NUMBER: CO-03-11 INTERVIEWER: Chief Kevin Milosevich LOCATION: Renton Police Department
th
DATE: April 29, 2011 0955
MILOSEVICH: Today's date Is April 29 , 2011, at 0955 hours. I'm Kevin Milosevich interviewing Deputy Chief ^ H H H l regarding a complaint of violation of General Orders: under Unbecoming Conduct, Unsatisfactory Performance, Courtesy, Public Statements and Ethics and Violation of City Policy 340-02 Unlawful Discrimination, Harassment, and Retaliation, which is alleged to have occurred since January of 2011. do you understand this conversation is being tape-recorded? Yes. MILOSEVICH: Do you wish to have a representative during the interview? No. MILOSEVICH: Were you given an opportunity to consult with your representative prior to this interview? I didn't specifically have one, but I've talked to somebody. MILOSEVICH: | H H wish to advise you that you are being questioned as part of an official investigation of the Renton Police Department. You will be asked questions specifically directed, and narrowly related to the performance of your official duties or fitness for office. 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 26.1. You are entitled to all the rights and privileges guaranteed by law and the Constitution of the United States including the right not to be compelled to incriminate yourself, I further wish to further to advise you that if you refuse to testify or answer questions related to the performance of your official duties or fitness for duty you will be subject to departmental charges which would result in your dismissal from the Renton Police Department. If you do answer, neither your statements nor any information or evidence which is gained by reason of such statements can be used against you in any subsequent criminal proceeding. However, these statements may be used against you in relation to subsequent departmental charges. CARLSON: Borrow your blue pen rather than write it in red.
1
STATEMENT OF DEPUTY CHIEF ^LW
MILOSEVICH: Okay, I'm just going to give you an open-ended question. What do you know about these videos? Uh, well, I think, like I shared with you just before we started um, I spent the last few days trying to figure, trying to remember exactly what was said as much as I could as far as the order so I apologize I might have something out of sequence, but um, you know until you said January I wasn't really -1 couldn't remember If it was in January or December so basically the timeline that I came up with I'm going to share with you is based on kind of a zero hour of you know when the actually found out that it was released so. Um, probably about two or three weeks before um, the release of the video I believe it was probably a cell phone call that I had with H Um, and he mentioned something about putting an epic video together. And he didn't really, I don't remember him telling me what the content was. Uh, he, he may have mentioned that it was the Jail. I believe that he did, but I'm not a hundred percent I guess is what I'm trying to say. Um, so that was about It. I mean that was part of a different conversation, Um, and that kinda came up as kind of a side note as I remember because we didn't have any lengthy conversation about you know any specifics of what was in the, what was in the video, what was anything else like that so, so that was probably about two to three weeks before as best I can remember. Um, about a week and a . half, a week, maybe two, I'm not really sure positive, um he sent me a link uh to a website on my personal mail. Um, open the link, uh, I think the website was extra normal. Um, I , I believe it was. Um, I viewed the video. Um, it was similar to the final one that was released. Uh, It was a little bit rougher. Um, admittedly or embarrassingly I found humor in it, I thought it was funny. Um, and uh part of it was like I said kind of tough to understand. Um, sometime after seeing it we had another conversation, Um and he told me he was going to send to S e r g e a n i ^ | J | | Um, that uh, he had a little bit more work to do on it first. So, like I said, really, I'll get on to it later, the video that was actually released that everybody has seen is not the original video. It was a little bit rougher. Um, some point in the conversation, and It, you know, might have been that same one we had a conversation somewhere um, | mentioned he didn't wanta, want it to be able to be traced to his you know to him. Um, I made the comment -1 remember making the comment, hell you can go to the library like everybody else does when they want to keep things secret. And real honestly I don't remember anything else about that as far as the conversation like I said it's - we didn't have any in depth conversations about what was in the video, We didn't have an in depth conversations about you know his, his plan um, I knew that he, he was going to send it t o f H ^ U m , let' see where I am on Iny notes here so I can just keep the timellne.^kay; and then sometime after | sent me the link, I shared it with uh CommandetJSj^fcn his office. We, I
STATEMENT OF DEPUTY CHIEF

showed it on his desktop, Um, found it humorous as well. Uh, I remember trying to show It to, to CommanderlBBB Uh, but I was trying to use my, my DROID phone and it couldn't downloaoûick enough, or whatever buffer to show the whole thing and I don't remember if, If he saw the whole video or thirty seconds of it, I just, I don't recall and I don't recall uh Commander ^ r e a c t i o n to tell you the truth. Um, so, I don't want to say fast word, cause I only talked about, about a week or so later, two weeks, like I said I don't remember the exact timeline, Um, I didn't k n o w ^ was going to release it when it got released. I mean I didn't know that he was ready; Uh, I'd assumed that he'd a probably shot it back so I could take another look at it. Now, I'm not claiming that I was going to use great judgment and tell him Hey | stop, um, I'm not saying that I was waiting for that chance to do that is what I'm saying. Um, so I didn't, I didn't know it was coming out when it came out. It was actually quite a surprise to me. Um, you know, I moved down my timeline here cause I'm kind of adding stuff that I in different words. Um, when I walked in the date of the release uh somebody on the first floor mentioned the video. And I believe it was a patrol officer and I'm not even sure who it was. Um, you know that kind of surprised me. Um, and then I went upstairs, and then got, got drug into whalflHp >ffice and saying you knpwjiev, you gotta come see this and he and Xateand I watched the video and JJUlaughing hysterically and I'm just kinda, standing there um, cause now I'm realizing the impact that, that this is having and Kate's upset. Kate's upset a n < ^ | laughing. Um, so as soon as I got done watching that I went to, I went to my office, called | and said Hey B You need to take that down. Um, I don't think he was home as I recall, cause I remember him saying I think I'll try, but I think he was doing something with his daughter if I'm correct. Um, and I don't remember if that was a Tuesday and we went to staff, or I mean, I just, I really, I don't remember. Um, but I know that, sometime within an hour or so apparently, it did, he did manage to take it off. Um, so when I went downstairs to go to lunch, that's why I think it was after, it had, it was probably a staff day. When I went downstairs to go to staff, um, one of the officers down there asked me if I'd seen it I said yeah. And he said, I think, I be -1 believe he's the one that told me that it wasn't, that It was down. I don't recall specifically. But he offered to give me a copy of it on DVD or CD, I'm not sure, just on a disc. Um, and at first I said yeah, sure, then I thought, Naw, you know what, I don't want a copy of it Um, so I declined. Um, move down my, um, so I looked at it as a bad move, Um, I had uh, I'd really hoped that um, the exposure had been limited, but obviously since somebody made a copy of it, and it got back out, it wasn't Um, you know I didn't come forward. You know people jokingly, gHHHMVyou know, Hey, Good Job, and you know, I didn't, I didn't create tftevideoMJm, I don't, you never, I don't think you ever said anything, but you know, if somebody would have asked, I would have told them, if you would have asked I would have told
(SS/H;PDADMIN:SHERRY;Complaints/CO-03-l:

you. Um, and so I didn't come forward figuring it will all blow over you know, not that I'm trying to protect^ or me, but it'll blow over. There was no investigation to come forward and make an issue out of it. Um, so since there was no investigation, I didn't come forward and I would assume that's also why ^ f l a n d f l H k d i d n ' t come forward. You'd have to ask them. Um, and figure outwhy theydidn't, didn't come forward as well, Um, not that I'm trying to say they're to blame, but I'm just saying that I think everybody kinda figured it would just blow over and we'd move on cause there was no investigation. Um, so I don't even know if it was the same day, or the next day, or two days later, I'm not even sure when it got re-posted. Um, I don't have a clue. I know that people talked about it being up and I , I actually I think It might have been, been you that said it was back up. And I was surprised. Um, talking, I talked to 0 and asked him if he did it and he said he didn't re-post it. Now, I don't remember w h a t U user name was on You-Tube, you know originally, and I don't know what name, well actually, I , if I remember correctly, the second one at least I mean I haven't seen it for months, but I think it was re-posted under like no freedom of speech or something like that. Um, which I don't think that that was what | originally posted on there so, not trying to minimize the fact that, I don't want to say I made a bad decision, I feel I made a good decision. Um, because it was affirmative action I didn't take. Um, whoever re-posted that is, is the one that, I mean we all share the blame forthe root cause, but, but really had that not been re-posted um, the time window was so small, that I'm willing to bet that whoever posted the subsequent videos, um, probably wouldn't have even seen the first one got the idea, Uh, so I think there's, there's sha - shared blame for people who proliferated the, the video being out. I mean, that's my personal opinion and I'm not suggesting we go on a witch hunt and try to track everybody down, but I think, I don't know what time | posted it Um, if he did it in the morning, the night before, whatever, but I know that it came down I think like I said shortly after I talked to him on the phone. Um, so I think the exposure there was, was limited, it was uh not really a great idea. Like I said, looking back on it, and I looked at it as kind of a learning opportunity for, f o r ( | and, and me as well. Um, so the video came back on line and um, and I did, I asked, I asked | and | told me he didn't re-post it and I believe him. I still to this day have no reason to believe that, that he wasn't telling me the truth when I asked him. Um, I'm ahead of my timeline here. You know up-you know up until this week I had a conversation with, with Kate, just kind of a, cause I had told Kate before I came to you, Um, you know had kind of a conv conversation with Kate about it and she shared with that somebody in addition to who I knew had downloaded a copy of it. So, as far as I know, there's two people. Um, that had that took copies of it. Um, you know I mean, like I said I , I'm taking responsibility for not stepping in and stopping Uh, I , I saw the humor in it and little bit of my personal frustration probably played in my
(SS/HiPDADMIIM:SHERRY:Complalnts/CO-03-l:

decision or my lack of a good decision let's put it that way. Um, what I know now, I would certainly change things. I think a lot of people got hurt as a result of that idea gettingout there. Um, and, you know, that being said, um, I think that in considering the gravity of the first situation, I think they're, they're two separate things although the same meeting. And looking at the gravity of the first situation, I would hope that that is the way it's looked at. Um, nobody blames the Inventor of the handgun for all the deaths that have been called, caused by handguns ever since the handgun was invented. Um, I think that It was bad judgment, um, but I think that people need to be held accountable for what they did. I don't think in any of our wildest dreams, um, at least certainly not mine, of course, I'd still like to believe that nobody I work with would have posted those last ones. Um, but the fact that they're there proves me wrong. . Um, but I don't think that any of us thought that um, that this was going to happen. I mean I t h i n k | H intent was tongue in cheek humor. Uh, poking fun at some frustrations uh with the Jail. Um, we're recorded, so I mean, I'll, I'll, I'll say it. I don't know, I don't have personal knowledge of everything that was addressed in the video t h a t ^ put together. Um, but I'm aware that the things that I saw that I'm aware of, I'm not sure it's far from fact. Um, and I , and that's why I , I think it was a tongue in cheek meant as humor, not the way that it was taken. I mean it was obviously was taken differently and that was a big mistake. Um, so, I , you know, I just ask you know when you're looking at, at ^ I mean, I , I accept responsibility, I know I'm going to eat it on this and that's, and that's, I own it, But when you're looking at it I would hope that you wouldn't judge us based on the subsequent videos. MILOSEVICH: Okay. Have you discussed this video with, with uh Sergeant |B notified on Monday uh not to? HHI
s i n c e
o u
were
No. We had, for clarification, we did not discuss this, I , before you served me, I had a text message from him, do you want to go to lunch? And I didn't answer him, not knowing I was goingto go into your office and get served, so after I got served I sent him a thing basically, and I can look it up on my phone because I still have it, can't talk to you, can't meet with you, and then he sent back this seriously, yep, and then, and that's the only communication that we've had since then,
MILOSEVICH: Okay. You know^mmp:alled me and going oh, you're supposed to do this prelaudermill and the other thing. And I said well, said, that will be all settled and that's when I came back to you and said, Hey, You know, when's B gonna, gonna get served so he, he's aware of what's going on. So, no, I didn't.
(SS/H:PDADMIN:SHERRY:Complaints/CO-03-i:
STATEMENTOF DEPUTY CHIEFl
MILOSEVICH: Okay. Uh, in the video, who is represented as the clown? Who is that supposed
to be, the Jailer, the clown.

I'm not sure If it's any specific person to tell you the truth. I mean, honestly, we did not have any conversation about that content. I mean, I don't know if it's a generic Jailer or, or he had somebody In mind. We had no discussion about that. MILOSEVICH: Maybe I've already asked it. Do you recall the name of the original video that B posted? I think it was A Penny Tale, Well I , you know what I forgot when I was doing the timeline here, um, at some point and I don't remember if it was before or after the release, uh, I became aware, and I don't even remember how if it was a B told me or {^mentioned it, b u t J H H k n o w , | M H k n e w about it So.
MILOSEVICH: Okay. Were you aware that a, an informal investigation was being conducted to determine who may created or posted the video? No, I know that we had talked and people had uh formed opinions, um, but I didn't know we were doing an informal investigation. MILOSEVICH: So you're not aware of any steps that were being conducted to determine who may have posted this video? Not that I can recall. MILOSEVICH: I know it's been awhile, um, I just want to kinda refresh your memory a little bit um. Sure, MILOSEVICH: I was working with Mehdi a little bit to figure out um who may have, who may have posted it and here's an email string um that was sent to you ultimately about the, the problems with our cities email and server issues. H H ^ B h/ i remember that. I remember a discussion about that
MILOSEVICH: Yeah, that, I let you know that there was a email there, basically says, I've asked Metty to look into it Mehdi says, We don't have the capacity because of a
(SS/H:PDADMIN:SHERRY:Complaints/CO-03-ll-

storage issue. You sent me an email back saying, Yeah, that's the same problem I had with theJflBinvestigation.
Right. MILOSEVICH: So. |l: I'm not so sure that I would have recognized it as being, being an investigation as far as an investigation. I mean, know what I mean. I , I know we're talking about semantics here, um, but really I guess if you want to word it that way now, you could, you could put that type on it, but I , my opinion was, it was you know just going to blow over,
MILOSEVICH: Okay. CARLSON: Um, I , may I interject?
MILOSEVICH: Sure. CARLSON: I'm having a little problem uh capturing this. My boss comes to me and tells me he's trying to figure out who posted a video and he's working with the IT people to do that. I have that knowledge, and I don't give it to him. I'm, I'm, it's not clicking for me a little bit here. Well, my, my boss didn't come to me and tell me he was, he was doing that. Um, we had discussions uh that, I'm not sure that, I mean obviously It's in writing here, but um, CARLSON: Well, let me (interrupted) I , I think, I think there's, I mean like I said, there's a difference between you know it's informal, informal is can be anything. Um, and, and honestly I think that you know, I had shared with you that I would prefer that it, it just blow over. Um, because I didn't honestly, I didn't see the issue. Um, and I don't think that at that time I had the impression that you were conducting an investigation um, I mean obviously if anything happens we all want to know who did it. Um, and, and, and by saying was it Nancy that did it, or was it this person that did it or I'm not so sure in my mind that I had as any kind of investigation. CARLSON: Okay, let me (Milosevich interrupted)
MILOSEVICH: Let me just have you-
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STATEMENT OF DEPUTY CHIEFl
CARLSON;
Okay, all right.
MILOSEVICH: Let's wait, just a second. Um, but by this email you knew that I , I at least went to l/S to try to figure out who was responsible.
MILOSEVICH: Okay. And, and we don't have to actually draw um a complaint number to start an investigation. I mean you can start doing an Inquiry without actually drawing a complaint number.
MILOSEVICH; Um, and I believe that this was on a Tuesday when this came out and um we discussed it at our Tuesday morning staff meeting. |BHH Hmm-mm (affirmative).
MILOSEVICH: Do you recall that discussion? Yep. MILOSEVICH: Um, do you remember what was said or the context of that conversation? m i
T o t e
" Yu the truth, no.
MILOSEVICH: Would it be safe to say that we probably discussed the video and that it, the potential negative impact on the department for this to be out on the, out on the web, or You Tube for others to see?
BHHI
l'
m s u r e
w e
discussed something similar to that,
MILOSEVICH: But at the same time, you knew who did it, who created the video. Yes. MILOSEVICH: And you didn't come forward. That's correct.
STATEMENTOF DEPUTY CHIEF H H

MILOSEVICH: Um, did the two of us ever discuss this video together; just sidebar conversations? ^ B H H I'm sure that we did.
MILOSEVICH: And it probably similar lines that had negative impact on the department, relationship with SCORE, relationship with the Jail, relationship with individuals. H I H H
1
don't remember that to tell you the truth. I mea n it could have.
MILOSEVICH: But at the same time you knew who created the video. Yep. MILOSEVICH: Um, the following Thursday was a uh Supervisor Staff meeting, Do you remember if you attended that meeting? HH^Î What day did the video come out because I was th
MILOSEVICH: The video would have came out on the Tuesday, the 4 , and then Thursday the . 6 would have been the Staff Supervisor's meeting.
th
B l ^ ^ l
I don't remember specifically being there, but I'm sure that I was if I was working.
MILOSEVICH: Um, we discussed in, in, I discussed that video with, with the commanders and everyone in the room. Um, I guess, it's kind of a moot question if you don't remember if you were there or not. H||^H '' S g there but.
m , n t 0 s a
1 w a s
êre. I don't, I mean, I don't specifically remember being
MILOSEVICH: Okay, but if we had this discussion with all the sergeants, and uh supervisors, and commanders and deputy chiefs, about the impact of this video on the organization, um, at the same time you knew who created it, I^HI Hmm-mm (affirmative).
MILOSEVICH: Uh did you and Sergeant^| um ever talk about what would happen if either of you were directly asked if you had something to do with this video?
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STATEMENTOF DEPUTY CHIEF!

I don't remember, actually you know what? No, um, other than before I came to you or no, It was, that was after I came to you, after I came to you, I called him and just said, just so you know, I went to the Chief and here's the information. Um, and I think his comment was, Well, if you would asked me, I would have admitted to it anyway and that's as far as -1 mean there was no pre-planning of trying to hide anything or anything else like that cause, I mean it is what it is. Look - you know, looking back, yeah, it's ugly um, but I don't recall any other you know, if he asks me I'm going to say this, and you say that or both tell the truth or whatever because um, I don't, don't recall any of those conversations, MILOSEVICH: At any point did you and S e r g e a n t ^ ever discuss um intentionally trying to keep your involvement in creating this video a secret? No, not that I , no, MILOSEVICH: Uh once the video went public, did either you or Sergeant| your involvement to anyone else in the department? | discuss revealing
Who that would be - um -1 don't think anybody else knew. I mean and there were no conversations between the three of us about that MILOSEVICH: In your opinion, what do you think the impact of this video had on the department? Hi^^H
new
l' how to answer that. Um, I think there are multiple viewpoints. I think that um I made some mistakes and things that I wouldn't want typed down, but I'm willing to share with you guys. Just out of respect, Um, I'm comfortable with you turning the recorder off. Not going off the record, cause nothing's off the record and having you paraphrase it. I'd rather risk that than actually you know have this read by everybody verbatim, but I'll let that be your call, I guess, what I'm saying is I don't want to sound like a fourteen year old daughter and go I don't know, I wasn't thinking. Um, so I'm going to, I'm going to leave that option up to you.
m n o t s u r e
MILOSEVICH: Well, um, did it have a negative affect, or positive affect on the department? It depends on who you ask. I think that um, over the years, I'll dance around the issue, I think that over the years there has been a, a perception of, of a lot of issues with the Jail. I think that the membership in general has felt a lot of frustration with perceived uh favoritism. Um, with uh, getting the short end of the stick, I think that probably maybe for the last decade the feeling, general
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STATEMENTOF DEPUTY CHIEF

feeling In the department um is that the Jail, although on our Org Chart, is really not part of the department, um, and so I think if you were going to take percentage wise, the department itself, um, it was probably a stress-relief humor. I hate to say that I still see humor in it, but, but I know that that's what the intent was, I know that Command Staff didn't feel that way, but if you're asking what the impact on the department is, um, I think they saw the truth in that in the humor and I think it was probably a stress release to tell you, tell you the truth. MILOSEVICH: Did it have a negative impact? I B ^ ^ B
U
' probably on some people that uh, that had those issues brought to light. Uh, I mean I think that probably you know did it help us, our, our, relationship with SCORE. Uh, no. Um, did it hurt people's feelings to have some of those issues shared? U m , yeah,
MILOSEVICH: Well, kind of getting back to an earlier questions, why is it that, that you would have to be asked a specific, specific question to disclose the creator of this video? Well, I guess part of it like I said goes back to um making it a learning experience. Not just for me, but f o r d > ' ' have no clue what would have happened if you know what, the fight would have been um, but I think ultimately the people involved, me included um, learned a lesson that we, well, that I won't repeat. I can't speak for J-for ^ > 'ft Y / Y hope that um that would serve as, as the lesson um unless the object would have been to um, punish somebody to make other people feel good. I, I looked it as like I said, I , I think it was one of those, you know we all make mistakes in life, uh, I think that uh, it was a bad decision obviously, Um, but that's the way I looked at it. I looked at it as you know, you know, like I said, I mean, you could go down the track of hunting everybody else down who re-posted it and everything else like that, but you know really it had, the damage, the damage was done and I was kinda hoping that it would be one of those aw shit moments and I'm not going to do that again.
U m a n c U m a n c w a s m m
MILOSEVICH: Do you think this video had an impact with our relationship with SCORE as an entity? Uh, yeah, yeah.
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STATEMENTOF DEPUTY CHIEF I

MILOSEVICH: There's kind of a, a saying, that you know, what, what's funny as an officer isn't so funny as a sergeant and as you move up In the organization things take on a whole different meaning. Is that fair to say? Sure. i What do you think was the appropriate thing for you to do during this whole process? Well, like I said, I, I didn't step in and tell B not to do that. I mean, if I would have done, made the right decision there, we wouldn't be sitting here today. Um, and it wouldn't have had the impact with SCORE that it had. So, uh, I accept responsibility for that. What do you think the impact was with SCORE? Well, I think that, I'm not even, you know, I haven't seen the original video to begin with and I'm trying to remember, I'm trying to remember the references in there. And I'm really trying to remember whether, I know SCORE was mentioned cause it talked about when the Jail goes away or something about when, when people go to SCORE cause I believe if I remember correctly, the time line of the video was pre-SCORE. Um, and so I think that SCORE was probably mentioned in there as, as a future event. Um, if I recall correctly. I think the, the SCORE, the SCORE time comes in my opinion, the saying bad things about SCORE, comes In um, with whatever it was named after was reposted, cause I remember somebody saying it was back up and, and not being able to find it, somebody said, well, check, run it under SCORE parody. So, so really um, I don't think SCORE was the target I think our Jail, which was going away and the issues and frustrations, um, were the target. I don't, I don't think SCORE was Itself. I know that it reflects on SCORE, um, b e c a u s e ^ j j p t h e director, but I also know that some people in the Jail found it humorous as well, MILOSEVICH: SCORE is comprised of, of seven owner cities. Um, and granted most of the examples in here were probably all of them, or at least the uh, the stories that were told, right or wrong, occurred while it was under the supervision of, of the Renton Police Department, However, this video did make its rounds with the other SCORE cities. And the other SCORE Mayors. Do you think that had an impact on SCORE as an entity? I ^ ^ ^ B I think it probably reflected on um, some operational issues, yes.
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BIHI
MILOSEVICH: If C o m m a n d e r j m didn't discuss this issue with you last week, would have you ever come forward? H Yes, actually um, when I had a conversation with Kate probably, might have been the same day. And to be honest with you, Kate and I were talking about who we thought did the most recent videos. We were both talking about um, we thought it was the same person. U m , and she had talked about us ail taking polygraphs, And I thought that was a good idea. And having been a background investigator and knowing that, if you're going to be completely truthful, you have to be completely truthful to have a clean polygraph. I was going to come forward because it's like I told Kate, I said, I think we should all take polygraphs, So yeah, J ^ p r o b a b l y pushed the timing a little bit, but honestly up until last week, I'm not sure that uh I'm not completely sure that the person who I thought did it originally isn't the one who, isn't clear in my mind. Um, so yeah. So that was vague wasn't it. That was confusing. Okay. Um, sorry, Uh, I'm still not convinced even though prior to me being served with this you provided information that led towards one person, I'm still not completely convinced that the person that I thought who was also one of the favorites, favorite suspects for everybody else, is not still a suspect in my book. You know, so for me, uh my thought process in talking to Kate was, Yeah, let's all take polygraphs. Because then I'll know that it's not that person.
MILOSEVICH: You mentioned that in your discussions with Kate that you thought it was a member of the Command Staff. Yes. MILOSEVICH: Who do you think it is?
M I L O S E V I C H : ^ ^ W h y is that? B ^ H H
U m
/ certainly a long history of institutional knowledge, Uh, of all those things, I mean I had to have probably a third of it explained to me. I just, I wasn't here during all that time, Um, I don't know if I want to say this on tape. I mean I don't really feel great accusing him cause it's my opinion. U m , I t h i n k ^ p i s obsessive. I t h l n k ^ J J u m , I t h i n k f l j p h a s some mental issues. That's my personal opinion. Um, and I know tnaUhat's not an opinion that is held only by me. Um, and I think If anybody had the knowledge, um, and anybody had that um, attitude of uh I'm better than everybody else, for me it fits the profile.
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STATEMENT OF DEPUTY CHIEF |

MILOSEVICH: I know we've already discussed this a little bit but prior to last week you had numerous opportunities to come forward to uh explain to me who is responsible for the original video. I just, why didn't you? B H f l f c
A
i don't want to sound like, like my fourteen year old daughter. Um, and I figured you'd ask that question. Um, so if you don't want to go off record, I'll dance around the Issues. I mean off the tape, I'll dance around the issues and try not be as specific. Um, number one is still what I've, what I've said. I mean, I, make it a learning experience, not going to do it again. U m , I mean you're asking for, you're asking for a reason that's neither governed by I mean, my decision was not based on policy or law. U m , It's formed through opinion and observation.
MILOSEVICH: But not, not coming forward? I H H H

Y
^ / I'" 6 y reader's digest of this cause I don't want to - 1 think it goes back to maybe I had some of those frustrations as well. Um, you and I have previously discussed um some of those issues and frustrations. Um, -
i v e
MILOSEVICH: And you think that nothing would have happened if you would have came forward? No, I'm sure something would have happened. Sure. CARLSON: Well, I'm a little bit in the dark. So, are you willing to tell, does it say, what issues and frustrations? I'm willing to - 1 just don't think that it needs to be put on something that everybody can read. I think It's, it's out of not wanting to air dirty laundry. Cause eventually everybody in the Guild is goingto get this right? I mean you've got, you got people who are goingto be disciplined. The E-board gonna see it and everything else like that and there's probably information in here that they don't know about, But if you'd like, I mean really, if you're asking me to share it all. I can share it all. MILOSEVICH: Yeah, share it. Okay, um, okay. You asked the question, One of the, one of the things that has stuck with me and if you remember we talked about it at In-and-Out Burger, um, when we were in California um that's one of things that has changed this job to a job and not a passion like it always has been. Um, when, and I'm going to tell you from my point of view, Um, w h e n f l f c l i e d to you In staff in front of all the
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14

Command Staff, it was two lies in one paragraph. And I found out that he lied. And I brought that information. And you talked to J A n c f l t t t h e n covered up with that lie for what another lie. Um, and you owed me that and subsequent to that I verified irrefutably that he'd been untruthful on all those occasions. I brought to you a memorandum, a signed complaint for untruthfulness. And you did nothing about it. That's my opinion. It wasn't investigated, this was a huge deal and partly in comparison to that. Uh, I mean you can put them on the scale and you can weigh them any way you want to. Um, you know I told you probably in might have been the same conversation, I don't remember when, cause we've had several conversations. And I told you that I was tired of being the bitch. I was tired of being the one that came to you every time somebody came to me with a complaint about Command Staff or anything else like t h a t I was tired of doing i t Um, not only because I was tired of doing it, and I thought that each time I did, it was like nothing happened. Um, and so, my frustration is the frustration of feeling like I beat my head against the wall. And again, um, I'm not always the only one that feels t h a t I think that uh, to be honest with you, there's people wondering if you're going to go after the number one suspect in these videos and you don't have to answer t h a t Um, I think If s I don't want to call myself low hanging fruit, um, but we're hoping that you climb up the tree a little bit. Um, and it's, there's a confidence issue there. Um, and I think that, that's that's felt throughout the department in some way and I've tried to share that with you, um and that's my frustration when it comes to that. MILOSEVICH: To get back to the, the issue with fl^ um, we discussed it, and from my perspective, and the perspective ofothers that I've discussed it with, you blew that way out of proportion, but that's, that's discussion for another day. So but, so you're saying the reason you didn't disclose this to me you're saying it's because you didn't think I would do anything about it, I didn't know what you'd do about it and that didn't play into it, that's the frustration on my part. I'm not saying that that justifies not coming forward. That's not what I'm saying, I mean, you asked what was going you know, what has played into this. Um, I mean I , I , probably talked to you a month or so ago, and you know, told you the things were unhappy. I mean we've tried, we have tried to um. We've tried to change things. Well, okay, I take that back. We've said we're going to change things. Yet, we don't seem to make progress. And I realize that this didn't help. That's not what I'm saying. I realize this is counter productive. U m , but in trying to move forward and saying this is where I want to go um, it's sometimes it's similar to uh, wanting to go on a d i e t It's easy to say I want to go on a diet. I want to lose weight But, if takes work to stop eating as much and to work out and change t h a t And I think that you know, while this
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STATEMENT OF DEPUTY CHIEF!

was counter productive, my frustration is, is that I don't think we're doing, we're doing the hard things like holding people accountable for, for th ^Jpissue and I would, I would venture that if you were to release that information to the population at large that you'd have probably 90 percent of the people say there's an issue there. MILOSEVICH: Um, in the last six or more, months, six months or so you coordinated the development of our core values, right? Integrity? B I B It's been over a year.
MILOSEVICH: Service, Valor, Professionalism Professionalism's the one I, I screwed up on. MILOSEVICH; And In fact you also did a series of uh volunteer leadership training for the department in preparation for the promotion, ^ 1 Yep.
MILOSEVICH: Are your actions pertaining to this investigation consistent with our core values? I B ^ ^ H
1
u s t
e a h
agree. They are not - professionalism.
MILOSEVICH: Unbecoming conduct is defined as members of the Police Department shall conduct themselves at all times both on and off duty in such a manner as to reflect favorably on the department. Unbecoming conduct shall Include that which brings the department into disrepute or reflects discredit upon the individual as a member of the police department or that which impairs the ability to perform as a law enforcement officer or cause the department to be brought into disrepute. Did this video bring the department into disrepute? B H H i ' ultimately it did, I don't think that was the intent, but I would agree with you that it did.
t h i n k
MILOSEVICH; Last Monday when I notified you of this internal you stated that, that you didn't He and that looking back on your actions that uh, you would not have done anything different. Do you still feel this way? No, definitely not. I think that - 1 think that when you look at what happens in the end, um, no, I mean I've already, already apologized to j / / / } Um, because I realize that what we did was planted that seed for somebody to, to go on and
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STATEMENT OF DEPUTY CHIEF I

do what they did. Um, so I've apologized to J H f I mean, no I wouldn't do that again. Um, you know it's -1 would have hopecNrke I said like I hoped at the time that it happened that it would have blown over and it would have been a learning, a learning thing for both B and I. MILOSEVICH: Back in January were you ever asked point blank by a department member if you posted the video? No. MILOSEVICH: Did Sergeant Yeah. MILOSEVICH: Did he ever ask you if you did it? ^ ^ ^ ^ B I don't think he asked me. He said, good job. I think I covered that. I mean he, he didn't ask me if I did it, that I recall. I remember him, jokingly saying hey good work and I say, hey I didn't do it. And that's what I remember. [ ever talk to you about the video?
MILOSEVICH: Isn't that asking you if you did it? You say good Job - if he says good job, isn't he inferring that you did it? ^ ^ ^ ^ B Well I, I'm not even sure if he thought that I did it, but I don't see that as you know did you do it, but whether he asked it or not, I told him I didn't do i t So, whether he asked did you do it, or hey good job, my answer would have been the same. I didn't do the video.
MILOSEVICH: Back to the original creation of the video. Did you have any role in it as far as um anything other than just knowledge? No. MILOSEVICH: No role in, in dial - in creating the dialogue? No. MILOSEVICH: No role in trying to maybe clean up some of the technical, technical difficulties? No.
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STATEMENTOF DEPUTY CHIEF |

MILOSEVICH: As a Deputy Chief, I need you to be loyal to both the department and to me. In this case you chose to align your loyalties with Why? H I ^ H
f
' It's loyalty to you or ^g/g^ choice, U m , -
s u r e
Um, I'm not sure that's an accurate
MILOSEVICH:
Well you knew, you knew this video existed, You knew that the impact it had on the department, and you should have known that it had a negative impact on the department relationship with SCORE, You had numerous opportunities where you could have came forward and you refused to come forward and end of the d^y, you knew who created it and to me, that, to me that shows you chose sides. Why didn't you want it, to bring it to my attention t h a t ( | created this video?
W e
^ ^ ^ B i
" / again, um, my opinion was that it would just blow over and that would be, that would be the end of it.
MILOSEVICH: Do you t h i n k would have been ~ ^ ^ ^ B i I don't think it was a - 1 don't think it was a choice between you and B honestly that's not the way that I saw It. It was (interrupted) I mean
MILOSEVICH: Do you t h i n k ^ ^ ^ ^ B I'm sorry go ahead.
MILOSEVICH: Do you think B would have been disciplined if, if you told me that | was the creator of this video? UuuuumMILOSEVICH: Or investigated? Well, you know in, in the end, uh, yeah I knew that could happen, MILOSEVICH: But you failed to disclose that. Yes. Um, I think that uh, I think the different way, a clearer way to word it um, I think that uh, I think that discipline doesn't have to be official. Discipline is to correct behavior. U m , I think that um, both | and I've learned a lesson from t h a t Um, was it a huge mistake? Yeah. Was it an error in Judgment? Yeah.
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Um, but I didn't look at it as I'm picking one over the other, I was looking at it as we've learned our lesson. MILOSEVICH: I'm not so sure you learned a lesson. I mean this video was out there for months and you never came forward and so unless someone came forward to let me know that you were responsible, or t h a t ^ H responsible, there's no lesson to be learned.
w a s
H B H I
Well, I would argue that point. I think that um, I think when people do stupid things and they realize the impact uh and they realize that it was a stupid thing to do, putting your hand on a burner on the stove, Um, you don't need somebody there to reinforce that what you did was a stupid thing, you're not going to do it again and I would probably equate it to that. Um, like I said, I think that um it was a learning experience for both of us. Um, maybe what I was thinking was we learned our lesson.
MILOSEVICH: Last week a new series of similar videos were posted on You-tube, um, much darker, much uh vicious, homophobic, um - on Monday, April 1 8 you and uh I believe
w e r e th
enroute to Camp Rllea to look at a training site.
Hmm-mm (affirmative), MILOSEVICH: Uh while enroute uh did I He did. MILOSEVICH: Uh, to dis - they basically explained to him that there was these new videos posted. I don't know what the exact conversation was, but kind of backing up a little bit, um, if I remember correctly in the morning on the way down there, | mentioned that there were other videos and he was wondering how much you know it was goingto set back the relationship between the Guild and management and he didn't, we didn't talk about specifics. He just said they were bad and it was a brief blip and then we went to, on the way back from Rilea, he got a phone call and I wasn't really listening, but the tone of U voice wasn't really great and at the end of the conversation, I don't remember the exact conversation we had in the car um, but I said, you know what was that, he says, well it, you know it was Craig. These videos are out. There's uh you know trying to figure out how, how we're going to address it as a Guild. Whether you know, I think Craig had talked to you about putting out a joint email. Um, saying hey knock t h i s - y o u know whatever. Um, I mean I don't know what the exact get a phone call from Craig Sjolin?
19
STATEMENT OF DEPUTY CHIEF |

content was going to be um and that ^ was disappointed that that had happened. In fact he felt bad because he had done the first one and this is what it led to. MILOSEVICH: You mentioned something about setting back the relationship between the . Guild and administration, How would these videos do that? H H H I Well because of the issues, It's just, it's an issue in the department I mean he didn't say anything specifically, but um trying to, to mend fences and move forward and now these videos were o u t I didn't really ask him specifically.
MILOSEVICH: So during that, that trip, did you guys discuss the, the new videos? B H ' him, I think the only thing that he said after the phone call was that everybody took a hit. And, and I, I asked him I said was I mentioned on there and he, he said yes, but then later didn't know what it was. Cause I asked him, well what, you know what did I get on there for? Um, so it wasn't uh, it wasn't a, yeah, there was this about this person, it was this about that person. It was everybody took a hit
a s , < e d
MILOSEVICH: Do you know who created the new videos? mean, we all have suspects. Um for different reasons, but I really don't have a clue. MILOSEVICH: Did you create these videos. No, I did not. MILOSEVICH: Do you think these videos had a negative impact on the department - the new videos? Absolutely. MILOSEVICH: A lot of these new videos included the original SCORE parody that was posted by uh M r . Fuddlestiks who posted the adjacent new videos. Um, do you feel that should be investigated? These new series of videos? Yes, MILOSEVICH: Did you ever think that maybe I should know who created the first one, the original SCORE parody that might aid in this investigation.
N o t a c , u e 1
20
Well yes, and even h a d J J J n o t come forward I was going to um for the reasons that I gave you. Um, and share something else and I can't remember what it was. And um, oh, uh, I don't know how much it would aid you um. I could be wrong, um, but truly in my heart, I don't believe t h a t l l had anything to do with the subsequent videos. MILOSEVICH: Did you ever discuss with other members of the staff that these uh these new videos should not be investigated as it would cause more harm than good. I think I mentioned in staff when it came up is do we want to make it bigger, but I hadn't seen those videos yet. I don't know if you recall, but I watched them after lunch after we came back from staff and that's when I went in and had my original talk with Katie, said, Kate, you know I'm sorry, I thought it was going to be similar to the original one. MILOSEVICH: Last week you d f l f l 0 came into my office to talk aboutj possible subject who may have posted these videos. I'm sorry, you a n d f l j B | c a m e into my
a r |
office. That was me and Kate I think. MILOSEVICH: That was you a n d f H No. MILOSEVICH: Yeah, cause she had a copy of the m Kate had a copy of it.
MILOSEVICH: Did s h e H U H H
K a t e
came to me - Kate came to me in the morning -
MILOSEVICH: Okay, okay, that's right. ^ ^ ^ B i And wanted to talk to me and say Hey, let's go in.
MILOSEVICH: Okay, um, so you were, you Identified the person in the department who you thought may be responsible for it. You and Kate, at least the discussion was about, was pointed (interrupted)
21

I think it was, I think It was, I think it was Kate and fl^had gone to Kate and gave her the information and Kate believed that It was that other person and um, and she came to me, I looked at it and you know I'd never, for some reason you know, I don't know why, maybe it's cause he's out of site, out of mind. I hadn't considered him, but you know the, the, the dialogue that was there was very consistent with what person that they indicated. MILOSEVICH: Do you think after that conversation, that would have been a good time to take me aside and say Hey, B created the first one just to let you know? It would have been a good time, Um, in my opinion I still felt that they were still two separate things. MILOSEVICH: After I notified you last Monday, you went downstairs to talk to Commander ( m i In your conversation with Commander J ^ p y o u inferred that you knew who created the additional videos. | B H H
1
never did. I don't know where he got that.
MILOSEVICH: No Idea? (interrupted) I don't know where - 1 don't ~1 had the conversation with him, but I never said that cause I have no clue, I don't know w h e r e ^ J ^ g o t that um, not a clue. I had a conversation about you know I did what I did and you know really, I was more upset with you at the way you handled me um, than the fact that I was going to get served, but you know I figured I had actually told my wife that I expected something to happen. Um, over the weekend I told her that, so I, you know, getting that was not the surprise, was not a surprise, It was the way that you handled me. MILOSEVICH: If I recall from uh my conversation w i t h ^ ^ p h a t he said that you knew who, who may have done the next series of video and that was a rank and file member. Do you recall that conversation at all? It wasn't a rank and file member. When we were discussing um, well, however I said it, we were discussing um, you know our discussion turned towards and that was the discussion of who I thought did it. That didn't mean I knew he did it, I just thought that out of everybody was p o s s i b M h a t he did it. A n d ^ J j um, cause actually I don't think I came out and s a i d j ^ ^ Um, but whenever you talk about things, people come to the same conclusion^soldon't think I, I'm not sure one of us, if even one of u s s a i d f f l f l R t h e n a m e ^ ^ could have been, but that was the discussion that I had with him. Um, it wasn't that I knew
(SS/H:PDADMlN:SHERRY:Complaints/CO-03-l:
22
STATEMENTOF DEPUTY CHIEF

who did It I think that um, what's going on as far as you know Kate saying she thinks it's this person, me thinking, think it's this person or whatever I think that that's going on all over. That doesn't mean that anybody has, that I know of, I mean, I mean sure somebody's guessing right or, or has some information that leads them toward, towards certain people, but that was the conversation. I have no clue who did the others. MILOSEVICH: As a Deputy Chief, I have to trust you and this has caused me to mistrust you knowing that you knew who created the original video, who posted it, the impact on the department The follow up videos, whoever posted that/also posted the SCORE parody and the finger pointing that's going around the department, the impact on numerous individuals, and all along, you never came forward to say you knew who posted the first one and I have a huge issue with that. ^ B B B Well, I understand what you're saying. Um, I accept responsibility for not coming, coming forward. Um, again like I said at the beginning, um, I can only speak for myself, um, I can only suppose w h a t ^ was thinking. Um, as far as I know, and like I said I won't speak for ^ ' Y for me um, for me, uh, I never thought that, that number one, the first video was going to have the impact that it did farther down the line today as far as all the other videos. Um, I don't think that uh - 1 think there are a lot of what ifs in life and I think that uh I don't think that um one could have extrapolated that into what's happened today. Um, in my personal opinion. For you to mistrust me um is huge to me. Um, I apologize for t h a t I let you down there. Um, that wasn't my intent. I didn't see it as a matter of um, or B versus you or anything else like t h a t Um, that's just not the way I saw i t Um, maybe I should have, um, but that's not the way that I saw it, Um, I don't know what else, I don't know what else to say, cause-like-1 said, it's, it's a um, not saying anything bad cause I know you're younger than me but you're the boss and I kind of see you as the father figure and so that's not, it wasn't my intent to let you down. It wasn't weighing the two against each other. It was, this was a dumb mistake, and you know, let's not repeat it, let's not do it again. And that was my thought process.
s o l e t s s a
MILOSEVICH: And the other issue is almost deflecting blame that because no one asked you the specific question you never came out with a specific answer. No one said I can, I can, I get your point. Um, and I guess you know, I still go back like I said, not that I'm the ultimate determination o f ^ f j p d i s c i p l i n e you know for it, the original thing at the original time, but I still was looking at it from the standpoint of we fixed it, I mean as far as we've learned ~
(SS/H5PDADMIN:SHERRY:Complalnts/CO-03-l:
23

MILOSEVICH: But that gets down to deception. Uh, there was never any Intent to deceive you. Um, there was never any Intent to deceive you. CARLSON: I only had one um that at one point you mentioned that two people had made copies of the original video that they saw. W h o , who, do you have the names of those two people? Yes, uh, CARLSON: f and then I found out this last week that uh 1
CARLSON:
Oh.
MILOSEVICH: Is this SCORE Parody or a Penny Tale as far as copies do you know? I B ^ ^ H Well,1 ^ i n k it's the, I think it was the one that ^ they had it that day. posted. I would assume if
MILOSEVICH: Anything you'd like to add? No, CARLSON: Any other names that you think we ought to know that might have had some involvement in this either the first or the second half? Well, like I said, I mean the first one you know obviously | now the two names that I Just gave you because they made copies, Um, because t h e y CARLSON: A n d ^ P J p i n v o l v e m e n t , was j u s t I, I don't know, I, I, ali I know is he knew at some point whether it was before or after he knew. Um, and I don't even think he and I had any discussions at the time about it. I mean, I don't remember, i f ^ B H t o l d he knew, or If B told me that he knew. So, but I know that he knew. Um, and no, as far as the other ones, I.mean it's, it's anybody's guess. I could throw names out, but it's not, it's like everybody else trying to figure out who it is. I think there, or maybe
m e
(SS/HlPDADMIN:SHERRY:Complalnts/CO-03-l:
24

7 - Renton Police Department Public Records

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Kevin Milosevich Page 3 of3 June 13,2011

:onduct violated the following polices:

h:\pat_serv\cmdr curry\internal investigations\201 l\co 03 1 l \ j ( J J P x i d i n g s and recommendations clark.docx

Renton Police Department

Kevin Milosevich, Chief of Police Page 2 of4 August 5,2011

Kevin Milosevich, Chief of Police Page 3 of4 August 5,2011

Kevin Milosevich, Chief of Police Page 4 of4 August 5,2011

I have received a copy of the discipline memorandum.

Kevin Milosevich, Chief of Police Page2of3 July 5,2011

Kevin Mflosevich, Chief of Police Page 3 of3 July 5,2011

Kevin Milosevich Page 2 of4 July 1,2011

Sergeant^^Jpdidn't believe there

Kevin Milosevich Page 3 of 4 July 1,2011

i distributing and posting the video was inappropriate. He should've

I recommend that Sergean

be issued a written reprimand.

Commander David Leibman

INTERNAL INVESTIGATION SUMMARY SHEET

Complaint Number Date of Incident Type of Incident Name of Employee

Assigned Investigator Date Assigned Due Date Review Dates Extension

Completion Date Deputy Chief

The statements of employees, citizens complainants and witnesses.

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS PREJNTERVIEW NOTIFICATION

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS OFFICER NOTIFICATION

If you have any questions, let me know.

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS

do you wish to have a Guild representative present during the

Okay, but did | Yes.

tell you that he told anybody else?

Who did he tell, that he told. Uh,H||^Hand|

Okay. Did | or uh, o r ^ ^ p or| anyone who had created it?

h, did any of them ask you not to tell

STATEMENT OF SERGEANT MLWLMM

o r t f ^ ) n c e the video was on You-

Sure. Does that, does that make sense?

Did you view the new set of videos? Yes,

Yeah, we ta - we had a conversation about them.

Actually I had a part two to that question. Go right ahead.

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS OFFICER NOTIFICATION

\lwUrf)VN 0/ (kvzejr^ >W&

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS PRE-INTERVIEW NOTIFICATION

a Guild representative present during the

And what was it about It was about a Jailer talking to an officer.

And when did you share this video with

Okay, and at that point what w a s ^ H reaction to this video?

he thought it was funny,

And did he give you any direction at that time?

don't know, I mean direction to what?

Okay. That's what I thought you meant.

LEIBMAN: IBB LEIBMAN:

Do you recall what was said? I don't.

Uh, but it was about the video?

h / ^ere was, yeah, the Chief made comments about it.

- Because I wanted to -1 didn't want to admit that I did it, I guess,

Can you explain how?

LEIBMAN: MCCLURE: LEIBMAN;

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS OFFICER NOTIFICATION

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS PRE-INTERVIEW NOTIFICATION CO-0311

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS

DATE: May 8, 2011 1850

MCCLURE: LEIBMAN: LEIBMAN:

Um, all I knew was Sgt. H | and myself. LEIBMAN:

- in there, so uh do you know why he would say something like that?