Illegal Meeting

“Motion to Reconsider” by City Attorney Luce – Evidently even Luce states that the Civil Service Commission held an illegal meeting that was in violation of the Open Public Meeting Act. This document is asking for a rescinding of that action.

http://www.mediafire.com/download/420ahnbr131s4fx/Motion_for_Reconsideration.pdf

Duties and Authority of the Mayor

Here is a copy of the State RCW’s that state that the Mayor is the City Administrator. As such, he has the right to put Detective Newton out on leave, especially since Officer Calkins was out on paid administrative leave at the time this all occurred.

http://www.mediafire.com/download/bh3xe4x47c50dp2/RCW_Duties_%26_Authority_of_the_Mayor.pdf

Newton's Complete Case

This is a copy of the emails and letters documenting what Mayor Cy has been dealing with. To get a full scope of the issue this Administration has been dealing with, you need to start at the bottom, and work your way up to the most current document.  
http://www.mediafire.com/download/6qfnj9824drn3qw/Newton_Case_File_Part_1.pdf

http://www.mediafire.com/download/73ai173jc4g8qq1/Newton_Case_File_Part_2.pdf

Detective Newton

Do the citizens of Pacific feel the same way as the City Attorney, Officer Calkins, or the City Council?” After they discussed Detective Newton’s behavior and actions in Executive Session last week, they put him back to work. No disciplinary action was taken, period. Here are documents explaining what this is all about…read it and you decide if the city did the right thing, or was Mayor Cy correct in putting him on paid administrative leave while he had this situation investigated.

1. “Letter received” – A letter received April 9, 2013, concerning alleged misbehavior of Officer Newton. This is a letter sent to Mayor Sun and Chief Calkins or the acting Police Chief. It is requesting a thorough investigation of Detective Newton and his actions.” 
http://www.mediafire.com/download/dytqs9oh4c816co/Newton_Letter_received_4-9-13.pdf

 2. "Calkins Response" - This is a letter from Chief Calkins to City Attorney Ken Luce, concerning the action of Detective Newton.
http://www.mediafire.com/download/v6rrfoh4b27876q/Newton_-_Calkins_Response.pdf

3. “Calkins – Newton – Executive Session” – This is a memo sent to Mayor Sun from John Calkins, stating that Det. Newton is back at work…no discipline, no actions taken, nothing…just back to work.
http://www.mediafire.com/download/4l4qubdb7u1edgn/Calkins_-_Newton_-_Executive_Session.pdf

Civil Service

The attached motion was filed in court in response to the Pacific's Civil Service Commission's action. The judge came to court with his motion already prepared but allowed the Civil Service Commission to argue their case.

Never mind that, as you consider the following:

• “Administrative leave” does not equate to "suspension"; notice that case law supports this, all the way up to the US Supreme Court.
• The Civil Service Commission conducted an illegal meeting, and the hearing was a violation to the Open Public Meeting Act.
• The Civil Service Commission came to their meeting with their motion already typed, violating Civil Service Rules; they are not supposed to discuss anything outside of the meetings.
• Civil Service does not have the authority they exerted, they are merely an advisory board.

The Court ordered the following:

1. Rescind the unlawful order reinstating Public Safety Director Calkins and Lt. Massey entered by Mayor Pro Tem and Council Member McMahan on April 8, 2013
2. Approve and confirm the appointment of Mayor Sun’s selection for interim city clerk, based upon his legally supported tie-breaking vote on March 25, 2013
3. Approve and confirm an independent investigator, paid for by the City of Pacific, for investigation of personnel whistleblower complaints
4. Approve and confirm the appointment of the services of a qualified, stand-in City Attorney who is to be paid by the City of Pacific, for purposes of advising the Mayor and pursing available remedies on the Civil Service Commission ruling and the precedent it has wrought upon the City

Please go here to read the complete court order:

http://www.mediafire.com/download/8z4y1e64s27alhm/Court_Order.pdf

Ordered to Return Cops to Duty

Despite the investigation into corruption in the police department, King county Superior Court Judge Patrick Oishi ordered Pacific Mayor Cy Sun to return two suspended police officers to duty on Friday, May 10.

According to the Auburn Reporter, “Massey and Calkins were placed on paid administrative leave by Sun on March 22, pending the outcome of an investigation into claims of intimidation and harassment with another city employee.”

 “At the hearing on Friday, Sun's attorney Tyler Firkins, argued that the officers were not suspended for disciplinary reasons, merely placed on leave for their safety and the safety of the other city employee being investigated in the harassment and intimidation matter.”

Stay tuned here for more information on this developing story.

For additional stats concerning the police force, please check out this info.