D ae ak Bing B ‘tinct 20 goon sSbar 00 524 peonassertt 18004 Dunn: BLack ve | Potesora Serie Copan wih Oces Sate and Spare February 6, 2019 Lynda Kramlich, Secretary Via U.S. Mail and E-Mail Colfax Civil Service Commission 400 N. Mill Street Colfax, WA 99111 Re: Rick McNannay Appeal of Discharge Dear Chairman Cloaninger, Ms. Kramlich, and Commissioners Kehne and Aucutt: We represent Rick McNannay, former Chief of Police forthe City of Colfax. Colfax Mayor G. Todd Vanek unlawfully terminated Chief MeNannay from his employment on January 10,2019, for wholly contrived and pretextual discriminatory and retaliatory reasons based solely on Vanek’s political and personal animus against Chief MeNannay. Chief ‘McNannay was terminated without just cause, in violation of state and federal law and the Colfax Civil Service Commission Rules and Regulations. Pursuant to the City’s leter dated January 16,2019, this is to provide you withthe additional information requested regarding Chief MeNannay’s appeal and request for a hearing and investigation into his January 10, 2019 unlawful discharge, ‘Chief MeNannay was terminated from his position with the Colfax Police Department after being speciously accused of acting with “incompetence or dishonesty” for relying on pre-employment testing conducted by other agencies when hiring part-time officers in 2016, ‘These allegations were falsely made despite undisputed facts that Chief MeNannay’s ations were consistent with the practice of his predecessor, as well as numerous other law enforcement agencies in Washington. Chief MeNannay is further accused of dishonesty because he complied with the directions of the Criminal Justice Training Commission regarding the submission of two notie of hire forms in 2016. As discussed in greater detail below, the City’s defamatory accusations in purported justification for Chief McNannay’s termination are mere pretext for discrimination and retaliation. WORK HISTORY ~ Rick McNannay is a married man who has worked in law enforcement for 25 years. In July 2012, Mayor Todd Vanek hired Rick MeNannay to be DUNNANDBIACK COM 1B)February 6, 2019 Page 2 Chief of Police for the Colfax City Police Department (“CPD”), In that capacity, he was tirelessly devoted to keeping the peace and safeguarding and protecting the public. Indeed, a Police Chief he was frequently called upon to perform duties above and beyond those ordinarily required of a law enforcement officer, including but not limited to interceding on the public's behalf with the Mayor and City Council to advise of funding and other issues that threatened the welfare and safety of the public and his officers. His efforts to apprise Mayor Vanek of issues relating to the Departments limited budget and resources were inevitably met with resistance, ifnot outright hostility (One unfortunate consequence of the inadequate resources allocated to the CPD was that no HR professional was specifically assigned to CPD to oversee the multiude of personnel matters involved in hiring and employing full and part-time officers. Initially these duties were fulfilled, in part, by various administrative employees working forthe City who were familiar with and experienced in applying the laws and regulations applicable to hiring and firing peace officers. Eventually, however, the CPD was stripped of even this limited support. As a result, in addition to his normal law enforcement and administrative duties, Chief McNannay was forced to simultaneously assume and perform the role of an HR. professional in matters relating to the hiring of CPD officers. Chief McNannay did his ‘utmost to perform these duties to the best ofhis knowledge and ability. However, the reality is that asa career law enforcement officer, he was never provided with any special direction or training in hiring processes or Human Resources matters, Accordingly, he was forced to rely on the past practice of his predecessor, his own observations, and his untrained understanding of highly complex statutes, consistent with that of numerous other law enforcement agencies in Washington state HIRING OF OFFICERS—-On or about the Fall of 2016, Chief MeNannay hired Joe Handley for a part-time police officer position in order to supplement and provide support for patrols in Colfax, At that time, Mr. Handley was fully commissioned and possessed a valid certification pursuant to which he was already working full-time at another local law enforcement agency for which he had been required to take a polygraph and other pre- ‘employment exams. It was understood that he would continue to be employed by that agency during his employment with CPD. It was Chief MeNannay’s understanding based on his past experience that an agency hiring an officer to perform part-time work on an as-needed rather than continuing basis could rely on the employmentcettification testing conducted by another agency where the officer’s certification remained valid and in good standing with the Criminal Justice Training Commission (“CJTC"). This was the case for Officer Handley, ‘who further continued to be employed in a full-time capacity by the agency that had ‘conducted the necessary testing throughout his part-time employment with the CPD.February 6, 2019 Page 3 Accordingly, Chief MeNannay did not require Mr. Handley to take a new polygraph ‘exam prior to commencing work with the CPD, However, when Chief McNannay submitted ‘Mr. Handley’s Notice of Hire form to CITC Manager Tisha Jones, he was informed that this, was incorrect. In particular, on or about December 5, 2016, Ms. Jones advised Chief ‘MeNannay that under RCW 43.101.080, new polygraph exams are requited for all hires, including part-time employees like Mr. Handley. See Exhibit A~Emails. Chief MeNennay promptly informed Ms. Jones that he had not been aware ofthis requirement, ashe had never been required to provide such information with respect to his other part-time hires. In response, Ms, Jones acknowledged that Chief MeNannay was far from the first Police Chief to misunderstand the statute. In fact, she advised that the law was so frequently misinterpreted and misapplied by agencies that CITC had issued new hire forms a mere month earlier to streamline and clarify the requirement. Id Moments later, Ms. Jones called Chief MeNannay to follow up on their email correspondence. Chief MeNannay confirmed during that call that in light of the new information, several part-time officers had been inadvertently hired without compliance with the statute based on his mistaken, though reasonable interpretation, ofthe statute at issue. ‘Ms. Jones indicated that nothing could he cone regarding the earlier hires, including Officers Perez and Handley, due tothe length of time that had already passed since their hiring. As such, CITC Manager Jones recommended that Chief MeNannay just submit the old notice forms as to Officers Handley and Perez, and ensure the City complied with the statute ‘moving forward, Based on Ms. Jones’ advice and direction, Chief MeNannay submitted the cold notice of hire forms for the employees at issue. He also informed his supervisors including Finance Director and acting City Administrator Christine Mathis ofthe discussion and statutory requirements as o all future hires. CPD thereafter ensured all hires were made in full compliance with RCW 43.101.080, and no further issues were raised regarding the previous misunderstanding. On or about June 3, 2017, Mayor Vanek began pressuring Chief MeNannay to accept ‘@ new contract removing him from Civil Service status. This was purportedly to be in exchange for paying Chief McNannay the $75,000 salary Vanek had previously promised to Chief MeNannay unconditionally seven months earlier. Alternately, Vanek offered Chief ‘McNannay a contract that allowed him to retain his Civil Service status, but which provided for a lower salary. Chief MeNannay reminded Vanek of the prior agreement, and advised that he was not willing to modify that agreement by relinquishing his right to remain a civil service employee. As a result, Vanek begrudgingly agreed to honor his November 2016 salary promise to Chief McNannay, but made it clear that he resented doing so,