SEPARATION AGREEMENT

This separation agreement (hereinafter referred to as "Agreement") is made effective as

set forth below, by and between the City of Renton ("Renton") and
(hereinafter referred to as · · -

In consideration of the mutual promises contained in this Agreement, Rento.n and

- a g r e e as follows:

1. Renton will t r e a t - termination as a resignation in lieu of termination,

and shall make the resignation effective_·_ _ _ _ _ _ __

2. Renton agrees to pay f o r - COBRA costs through December 31, 2010.

- w i l l be required to complete the necessary paperwork allowing the City to provide this
benefit.

3. - a g r e e s that the benefits set forth in this Agreement are not benefits
that he would otherwise be entitled to under existing employee benefit plans provided by
Renton. The COBRA payments set forth herein will be made irrespective of whether-
accepts other employment.

4. - a c c e p t s the benefits contained in this Agreement in full satisfaction of

all his rights and interests relating to his employment with Renton and, in consideration
therefore,- hereby releases Renton, its affiliates, successors, past and present officers,
directors, agents, and employees from all claims (other than claims for the payments provided
for under this Agreement), causes of action or liabilities, suspected or unsuspected and
irrespective of any present lack of knowledge of any possible claim or of any fact or
circumstance pertaining thereto, w h i c h - may have or claim to have against Renton
arising from or during his employment or as a result of his separation from employment,
including, but not limited to, disa.bility claims under state law, claims of discrimination based on
race, color, national origin, sex, marital status, age (includingthe Age Discrimination in
Employment Act) or physical or mental disability under any federal, state, or local law, rule, or
regulation; claims under state or federal law governing the payment of wages; and claims under
any express or implied contract or legal restrictions on Renton's right to terminate its
employees. - h e r e b y covenants not to assert any such claims or causes of action. This
release applies to all claims which arose up to the date of this Agreement.

4. -represents that he has not filed any complaints, charges or lawsuits

against Renton with any governmental agency or any court, and that he will not do so at any
time hereafter.

5. -represents that he has read, considered, and fully understands this

Agreement and all its terms, and executes it freely and voluntarily.
Separation Agreement
p. 2 of 3

6. - acknowledges that:

a. Pursuant to applicable law, he has been offered the opportunity to

review a copy of this Agreement for a period of twenty-one {21) days (the "review
period"); and has agreed to waive the "review period/'

b. Renton advised- at the beginning of the review period to consult

with an attorney concerning the terms and conditions of this Agreement, including
without limitation the release set forth in this Agreement; and

c. The terms and conditions of this Agreement have not been amended,
modified, or revoked during the review period. - a n d Renton agree t h a t -
shall have seven (7) calendar days (the "revocation period") following the date on which
he signs this Agreement to revoke his acceptance of this Agreement and the release set
forth in this Agreement, and this Agreement shall not become effective unt.il the
revocation period has expired.

7. - a g r e e s to maintain the confidentiality of this Agreement.

8. -represents that in entering into this Agreement, he does not rely and
has not relied upon any representation or statement made by Renton or any of its employees
or agents concerning this Agreement.

9. - a g r e e s that he will not give, communicate, use, or otherwise disclose in

any way any confidential or proprietary information of Renton including Renton's documents
and records as well as, without limitation, information of a confidential nature which is of value
to Renton. lf.this provision is breached, Renton shall be entitled to seek injunctive relief
a g a i n s t - and other persons working directly or indirectly with him, as well as any of the
relief to which Renton may be entitled.

10. This Agreement is intended to constitute a full and final resolution of this matter.
Interpretation of this Agreement shall be under Washington law. If any such action is necessary
to enforce the terms of this Agreement, the substantially prevailing party shall be entitled to
receive reasonable attorneys' fees and costs.

Date
Separation Agreement
p. 3 of 3

CITY OF RENTON

Nancy A. Carlson, Administrator Date

Human Resources & Risk Management Dept.

RENTON POLICE OFFICERS' GUILD

Mark Coleman, President Date

 (

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 POLICE DEPARTMENT

M E M 0 R A N D U M

DATE: July 6, 2010

TO: Officer

FROM: Kevin Milosevich, Chief h

SUBJECT: Administrative Leave

Effective immediately, you are being placed on Administrative Leave with pay. This is a
result of a pending investigation.

Please be available for recall during your normally scheduled work period until this
matter is resolved. Should you leave the area, please notify your supervisor of the dates
that you will be unavailable.

During this period of time, your duties as a law enforcement officer are suspended.
will need to obtain your badge, commission identification, and access card.

I will keep you informed of the status of the investigation.

I have received a copy of this investigation.

O}-() &--I 0
Date
 (

POLICE DEPARTMENT

M E M 0 RA N D U M

DATE: July 12, 2010

TO: Officer

FROM: Kevin Milosevich, Chief 1t1

SUBJECT: Administrative Leave- Additional Restrictions

On July 6th, you were placed on administrative leave. I informed you verbally to stay
away from Kent PD and Lake Meridian. At that time, you had no questions or concerns.

Later I learned that you are actually renting a house on the lake.

This past weekend, you were observed in the close vicinity of~- Dock", the mooring
location of the Kent Police Department's Marine Patrol Boat. This is in violation of my
direct order of last week.

Since you are living on the lake, I am willing to modify my prior order. At this time, you
are restricted from an area defined as ten docks on each side of~- Dock" reaching
to the middle of the lake. I have provided a photograph of the lake with the area
defined.

I have received a copy of this memorandum.

Of)ZIO
Date

1.
kent wa - Google Maps Page 1 ofl

Google maps Address To see all the details that are visible on the
screen,use the "Print" link next to the map.

htto://l.~ios.google.com/maos?o=kent+wa&rls=com.microsoft:en-us:Ib-.::learcbBox&oe=UTF -8&rlz= II7ADF A en&um=l &ie=... 7/l z/201 0

 -
Kevin Milosevich

From:
Sent: Monday, July 05, 2010 3:39AM
To: David A Leibman
Cc: Kevin Milosevich; Paul Cline
Subject: Offi erD.-
Attachments: image001.jpg; KPD.doc

Commander Leibman,

Sir, I have attached a memo explaining a conversation I had with Kent Officer in regards to Officer-
- being drunk and disorderly at Lake Meridian on July 4th. In short, he was very intoxicated, verbal and was
refusing to leave when asked numerous times. After being warned about a possible arrest, he responded they couldn't
arrest him because he was a Renton Cop. During the conversation I could hear Officer- being very verbal in the
background.

Officer wanted us to handle the situation but warned if he couldn't get Officer- to leave, he would be
arrested. I told him I understood. I don't believe an arrest was made. He did not run his name or notify dispatch of the
situation other than requesting I call. I have not had any contact with Officer- since the incident.

Also, as the Chief was working the 4th of July event, I notified him due to the possible significance of an arrest. CDO
Karlewicz was notified as well.

Commander Cline, this is FYI.

SERGEANT
CITY OF RENTON POLICE DEPARTMENT
1055 S. GRADY WAY, RENTON WA 98057
425-430-7645
E-MAIL: @RENTONWA.GOV

Integrity, Service, Valor, Professionalism ... Renton Police Department

1
 POLICE DEPARTMENT

M E M 0 RA N D U M

DATE: July 4th, 2010

TO: Commander D. Leibman

FROM: Sergeant .-
SUBJECT: Kent Police Incident Involving Officer

The purpose of this memo is to inform you of an incident that occurred tonight
where Kent Police Officer requested I call him regarding Officer
Officer had contacted Officer- at Lake Meridian in
Kent and was requesting I call him due to Officer- drunk and disorderly
behavior.

On 7/4/10 at 2228hrs I received a message via MDC from Kent Dispatch

requesting I call Officer- KentPD, with the phone number provided. I called the
number and spoke to Officer Officer first asked if we . . -.v""''"
PD) had an Officer that worked for us. I told him Officer
Renton Officer. Officer explained that he had contacted Officer at
Lake Meridian while Officer- was floating in the lake on a float tube in the dark,
without lights and extremely intoxicated with liquor on his person. As spoke I
could hear an unintelligible voice in the back ground that identified as Officer
- had to stop our conversation several times to tell Officer- to
be quiet. went on to explain that Officer- was being very
uncooperative, verbal and was refusing to leave the park when asked. When warned that
he could be arrested, he replied "You won't arrest me. I'm a Renton Cop".
gave Officer- several warnings to leave and finally Officer- started to
walk away. He then walked a short distance and stopped. This continued, along with
several reminders to leave the park. Finally, requested contact from a Renton
Supervisor.

Officer stated he did not want to take Officer- to jail but his
options were few. I told him I understood if he needed to make an arrest. I offered to send
a Renton Unit to transport Officer if that would help the situation. He stated he
would continue to try to have Officer leave voluntary and if that did not work he
would then arrest him. Officer stated he would like our Department to take
care of the issue. I again apologized, told him I understood and would be notifying my
Chain of Command.
 (

I immediately called the on duty CDO, Commander Karlewicz and advised him
of the situation. Due to the Chief being present for a special event (Coulon Beach
fireworks) I notified him of the situation as well. At the time of this memorandum I have
not been advised of any arrest.

I have completed this memorandum for your review and correct action. I am .
available for further comment or questions to clarify this incident.

V/r submitted,

Sergeant 3A

\.
 -
Kevin Milosevich

From:
Sent: Tuesday, July 06, 2010 3:10AM
To: David A Leibman
Cc: Kevin Milosevich; Paul Cline
Subject: Officer . - 5 July 2010
Attachments: KPD2.doc; image001.jpg

Commander Leibman,

I have attached a memorandum describing the events on July sth involving Officer and the Kent Police
Department. For quick reference, the Kent PD case# is 10-7030. This memo is for your review and proper action.

I have included the Chief on the e-mail at his request.

Commander Cline, this is FYI.

ALCON,

I attempted to keep this information and situation within my chain, within our Department. Members of the Kent Police
Department obviously know as do Valley Com personnel. I have already heard the rumors which appear to come from
Kent PD personnel with friends within our Department. I have made several verbal statements to Officers on 3A to
contradict the rumors they have heard. I confirmed the following; Officer- was not arrested, he was not involved
with a DUI or DV. He has not been fired. His situation will be investigated within our Department. He was contacted by
Kent PD but never apprehended or arrested and staying at his own residence.

If you have any questions, I am always available at your request.

V/r,

SERGEANT
CITY OF RENTON POLICE DEPARTMENT
1055 S. GRADY WAY, RENTON WA 98057
425-430-7645
E-MAIL: @RENTONWA.GOV

Integrity, Service, Valor, Professionalism ... Renton Police Department

1
 ( (

POLICE DEPARTMENT

M E M 0 R A N D U M

DATE: July sth, 2010

TO: Commander D. Leibman

FROM: Sergeant .-

SUBJECT: July 5th KPD Incident Involving Officer

The purpose of this memo is to inform you of an incident that occurred tonight
where Renton Police Officer was making verbal threats in the City of
Kent, KPD case #10-7030. Kent were advised that Officer was
making verbal threats to a citizen in Kent in reference to the Police boat they have on
Lake Meridian.

On 7I 5110 at approximately 1840hrs I received a telephone call from Kent Police

Department's Lt. while at Renton Station. asked if I was familiar with the
incident last night involving Officer- and Kent Police. I told her I was and that I
had taken the call. She advised that Officer- was now back on the Lake and had
made some verbal threats. She explained they (Kent PD) keep their boat docked on Lake
Meridian at a location called '-Dock", 14629 SE 26ih ST. She said the owner,
had contacted them about a subject making vague threats to their boat. The subject
was identified as Officer by Kent PD Officers who had dealt with him
the night before. Officer was on a small pontoon craft near the Kent PD
boat when he asked questions as to who the owner of the boat was. The boat was
marked identifying it as a Kent Police boat. Officer- than started making several
comments similar to "Tell them there will be payback". then notified Kent Police
nearby.

Lt. was briefed as to the incident from the night before and knew t h a t -
- w a s an Officer in Renton. She said she was watching Officer- as we
spoke and could see him floating nearby- Dock. Knowing he was an Officer, that
he was heavily intoxicated the night before and now returning making verbal threats, she
requested the number for Renton Police. Lt. was afraid Officer- may be
armed and in a volatile state of mind due to his threats. She wanted to know if there was
any information I could provide that might help them in dealing with Officer-
should they have to make contact. I advised her I would call the CDO, Commander
Karlewicz and advise him of the situation and get back to her.

At 1845hrs I called Commander Karlewicz and advised him of the situation. At

his request I gave him Officer- cell phone number. At 1852hrs Commander
Karlewicz called back to advise he notified Chief Milosevich and that the Chief would be
making that call to Officer- I then immediately called Lt. and advised her
that Chief Milosevich would be attempting to call Officer- At this time she told
me Officer- had gone ashore across the lake and behind some unknown house.
She stated she thought Officer- appeared intoxicated as he was stumbling up
some stairs and was staggering. She said she would attempt to get a house number in the
event we wanted to contact him.

At 1900hrs Chief Milosevich called me and said he was unable to reach Officer
- b y phone. Chief Milosevich then informed me he would be responding to Lake
Meridian. I provided him with Lt. phone number. I then called Lt. to inform
her of the Renton Police Chiefs arrival.

At 2000hrs I called my Supervisor, Commander Leibman to advise him of my

conversations with the CDO and Police Chief.

My final phone call was from ChiefMilosevich at 2017hrs advising me he had

made a request for Officer- to meet with him the following morning via cell
phone message.

I have completed this memorandum for your review and correct action. I am
available for further comment or questions to clarify this incident. -

V/r submitted,

Sergeant 3A
 (

Chief Milosevich- notes

7/4/10

At approx 2300, while I was at Gene Coulon,.! was notified by Cmdr Curry of an incident in Kent
regarding Ofc. Sgt received the call from Kent PD.

2330: . I spoke with Sgt Sgt described the incident in Kent that was
documented in the memo he produced later in his graveyard shift.

I checked the schedules, and it sho\fl/ed t h a t - was due back to work on Tuesday at approx
noon for Defensive Tactics Training.

7/5/10

At approx. 1900, I rec'd a call from Sgt Sgt stated that Kent PD was
involved in another incident involving- in the area o f , . _ Dock" the location where
the Kent PD Marine Patrol Boat is docked. Lt was on scene. I asked Sgt to
write another memo.

feltthreatened by the verbal confrontation near his dock, w h e r e - had rowed his
pontoon boat across the lake to confront

1903: I called Lt back and drove to meet her a t - Dock.

2004: After discussing the approach, I decided to call cell phone. The phone call was
not answered and I left a message. I t o l d - that his actions needed to stop, and that I
would like to meet with him at 0800 the following morning.

2014: I called Sgt supervisor. The purpose was to gain any insight into
behavior. Sgt stated she rec'd a call f r o m - this afternoon disputing
Kent's version of events on the 4th. Sgt was unaware of any major events.

2031: I spoke with Sgt and later drove to his house. Sgt mentioned that two
weeks prior, .
 (

7/6/10

0845: I met with both Deputy Chiefs. DC Troxel was asked to conduct the investigation. A
decision was made to place- on Admin leave.

Approx 1100: I met with Sgt. Ritch•ie, Ofc DC Troxel in Conference Room A. I
informed- that he was on Admin Leave, and told him to stay away from Kent PD and the
Lake until this is resolved.

Later in the morning, I was notified t h a t - was living at the residence on the lake where he
was observed over the previous weekend. - n e v e r brought this to my attention.

7/9/10

At approx 1847, I rec'd a call at home from Sgt Sgt rec'd a call from Kent PD,
t h a t - was back at the lake in front o f - Dock.

I called Chief Strachan, and drove to the lake to contact Sgt While on my way, I
informed DC Troxel of the latest events.

1915: While speaking with Sgt a t - Dock, Sgt called, I told him that I would call
back after I was briefed on the incident. Sgt said he was at the public boat launch area
when he rec'd a call from stated t h a t - was in his pontoon boat, floating near
the "homeowner" dock next to his house. Sgt observed- at this location for about
20 minutes. Sgt recognized- as he was involved in the incident on July 4th.

We discussed the options, and decided that I would take Sgt offer to contact-

1921: I called Sgt and he agreed to contact- at his residence. Sgt stated
he would be enroute in 5-10 minutes

1945: While at , I observed approach- via binoculars. - w a s sitting

with a neighbor on a bench near the water. I observed the interaction for approx 45 minutes
prior to leaving.

2050: I met with Sgt in Covington to receive a briefing. - denied being that close
t o - Dock;- was not intoxicated, and felt t h a t - was not being truthful.
 (

Timothy L Troxel
"=rom: Pagel, John [JPagel@ci.kent.wa.us]
. ent: Tuesday, July 06, 2010 12:43 PM
'ro: Timothy L Troxel
Subject: FW: Problem with Renton Officer
Attachments: Picture (Device Independent Bitmap).bmp

Hi Tim,

Here is Sgt. e-mail to me the night of the incident.

John

From:
Sent: Sunday, July 04, 2010 11:56 PM
To: Pagel, John
Subject: Problem with Renton Officer

Capt Pagel,

Here is the information from the incident at Lake Meridian:

Officer - and I were on the boat and we saw an inflatable pontoon boat rowing
1eross the lake, toward the area of the fireworks barge. It was dark and this pontoon
boat had no lights on.

We contacted the person on the pontoon boat and I told him he could not be out on the
lake with no lights. He also had no life jacket or sounding device. He looked like he had
been drinking, as he was kind of staring at us (with the blank drunk guy look) and was
slow to respond to what I was saying. I asked him a couple times to row back to shore,
but he did not. He said "Okay" but then sat there and did not start to row back. I told
him he needed to row back, or we were going to have to take him back to shore.

He started to row back, so we stayed where we were and watched him. The fireworks
show started, so we were able to see him, due to the glow from the display. He rowed·
back toward shore, then stopped. He then began rowing back toward the middle of the
lake.

We re-contacted him and I tried to get him to come over to our boat. He started to row
away, but stopped when I told him to. I tied his boat to ours and then asked him why
he was not listening to what I was telling him. He identified himself as a Renton cop and
said something like, "what are you goin to do ... take me to jail?" I asked for his ID, but
he had none. He identified himself as I could see a bottle of Southern
Comfort inside the side compartment e pontoon t and could now here that he
vas slurring words and obviously intoxicated. I asked him to understand where I was
coming from, and asked how many times would be reasonable to be asked to leave the
lake. He tried to argue with me, but then admitted that one time should have been

1
 (
sufficient. He then went back to insisting that I release him and arguing about what I
was stopping him for. He made some comments about his Sgt being Sgt and
said he worked graveyard. I tried to get his address, but he was only able to provide
1 1e the address of . .

I had a Renton Sgt call me and I spoke with S g t - I explained the situation to
him and said I wanted to t o w - back to shore and release him at his house. I
asked that they deal with his behavior. S g t - apologized f o r - and said
he would handle it.

As we were t o w i n g - to the shore, he looked up at me and said, "I'll make sure to

return this favor to you one of these days!" He did not say it as if he meant that he
appreciated the way I was dealing with it. I asked him what he meant and he said, "You
know exactly what I mean!" I told him that I hoped he was not threatening me and he
said, "You take it however you want Sgt!"

When we got t o - dock, I untied his pontoon and watched as he got to the
shore.

I then called you to advise you of the incident.

Special Operations Unit

Kent Police Department
220 Fourth Avenue South 1 Kent 1 WA 98032
Phone: 253-856-4801
www.ci.kent.wa.us/police

PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL

2
 Timothy L Troxel

crom: Pagel, John [JPagel@ci.kent.wa.us]

mt: Tuesday, July 06, 201 0 3:25 PM
fo: Timothy L Troxel
Subject: FW: lnf-Renton Police Officer

Here is Lieutenant e-mail after yesterday's incident.

Your witnesses are going to be:

O f f i c e r - - Cell #253-266-
Sergeant Cell #253--249
Lieutenant Cell #253-266-
(Unknown last name)- we park our boat at his residence 146 SE 16th- phone 206-713

Let me know if you need anything else.

John

From:
Sent: Monday, July OS, 2010 11:59 PM
To: Padilla, Rafael; Pagel, John; Bourne, Randy; Painter, Mike
Subject: Inf-Renton Police Officer

"'pt!Lts,

Yesterday at about 1800 hours Renton Officer made contact with the Lake Meridian resident who allows
us to tie up our boat to his dock, ( ress SE 1 6 7 t h . - is the same officer who was
belligerent and threatening with Sgt. and Officer n the 4th. This evening he rowed over t o - dock,
encouraged a conversation and in the course of the conversation made several threatening statements. stated
t h a t - repeatedly said "there is going to be payback" and other similar statements. eventually put it together
that he was referring to the incident on 4th of July, asked him if he was the Renton cop and he admitted he was.
ordered him to leave his property.

I responded to the lake and watched- float in the water for about 30-40 minutes.· He was clearly watching us and
the dock and it was my impression that he was hoping to encourage us to contact him. He eventually rowed to the shore
opposite- dock, watched us again from the shore for about 20 minutes, then stumbled inside a residence. We did
~fter that. The residence he entered is. not his listed home-the address of the house he entered is
~ ~was watching through his binocs and said that he was struggling to get up the stairs to .the
home in a manner in which suggested he was drunk.

Chief Strachan and Renton Chief Milosevich both responded to Dick's. Chief Milosevich attempted to contact- by
his cell phone, but reached his voicemail. We checked records for an internal line to the home, but it was disconnected.
The decision was made to hopefully let him sleep it off and not provoke a confrontation. We all cleared about 2015 hours.

Officer- is scheduled to return to work tomorrow at 1200 hours, at which point it appeared that he would be likely
put on admin leave.

Officer Clift arrested- on a prescription forgery charge on May 17th-( u r a - Case #1 0-5096) she
advised her husband was a cop at the time of the arrest and she admitted she has filled forged prescriptions before; the
~ript was for a pain killer. That case is with Det. Galetti and is not yet filed .

. - i s a lateral from ID and prior to this week was not much of a problem for Renton according to their Chi€lf. He is a
DT instructor. Their Chief said he acted indifferent when confront with the information about his wife and it was his
1
 (
impression that the script might have been for him and not his wife, but he did not know that for sure. - has had 2
L&l claims for on-duty injuries -which may be why he thinks the scripts were for him.

The on-duty sergeants/officers were briefed before I went home. I advised Sgt Lantz that if a call was generated from this (,---
address that he was to check with the CDO before responding. He appears to be in crisis, confrontational and looking for
a fight to pick, especially with Kent officers.

- h o m e address is . No one knows if he is living there or living at the lake address, but the lake
· address is where we saw him enter tonight.

I would suggest that we k e e p - off of the lake until his situation is resolved. His comments to indicated that he
is particularly angry at her and although he did not list them by name.

- c e l l phone is

Renton intends to call us tomorrow with an update of how their contact goes. I advised them that Cpt Pagel would be
working.

2
 Driving Directions from 1055 S Grady Way Renton, Washington to SR267th StKent, Wa ... Page 2 of2
( (

~~~ ~ 2 Turn LEFT onto TALBOT RD S/WA- 7 .2 mi

~, ~ · 515. Continue to follow WA-515.

/~_;'}' ,........--, 3 Turn LEFT onto SE 256TH ST/WA- O.O mi

~ ~ . 516/SE KENT KANGLEY RD.

Turn SLIGHT RIGHT onto SE KENT

~ 4. KANGLEY RD/WA-516. Continue to 3.2 mi
follow WA-516.

5. Turn LEFT onto 152ND WAY SE. 0.3 mi

152NO WAY SE becomes 148TH

6 · AVESE. 0.1 mi

+
!~\-·--···········-·--

'~--/
)

II
7. Turn LEFT onto SE 267TH ST. 0.1 mi

8. SE 267TH ST is on the LEFT.

• SE 267th StEdit
Kent, WA 98042-8109
:·--------·------·---------------------·----------------------------------------------·----·----------~

I Total Travel Estimate: 22 minutes I 11.30 miles Fuel Cost: Calculate I

~-~-----~---------~·,-------,-----·---·-·----~----·-·--~-------· -~~-·-·-·------~--·-•r··~-~--~----_1

Directions and maps are informational only. We make no warranties-on the accuracy of their content, road conditions or route usability or
expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your
use of MapQuest.

http://www.mapquest.com/maps? 1c=Renton& 1s=WA& 1a= 105 5+S+Grady+Way &1z=98057-3212 7 I'X.I'Jn 1 f\

r
 (

POLICE DEPARTMENT

M E M 0 R A N D U M

DATE: October 18,.2010

TO: Officer

FROM: Kevin Milosevich,Chief of Polic~

SUBJECT: Discipline C0-0510

On October 6, 2010 at pre-discipline Loudermill hearing was held in my office. In

attendance with you were Sgt. Craig Sjolin, Officer Paul Stratford, your therapist-
Cmdr. Kent Curry and myself.

During this meeting your therapist- :

• Described a wide variety of events that occurred prior to and after July 4, 5 and
9.
• Described how a person can be in intense pain, which can result in the
development of anxiety issues and eventually mental health issues.
• Described your condition as " due to your health issues and
personal stressors involved in your marriage and family.
• Stated that you are seeing a new Rheumatologist, and that the pain associated
with your has been relieved.
• That she would recommend your employment be restored.

During this meeting, you stated:

• If allowed, you would like to apologize to the members of the Kent Police
Department.
• That the members of the Kent Police Department acted professional.
• That you felt physically ill when you were made aware of the fact you were
considered an officer safety threat by members of the Kent Police Department.
• That on the 4th and sth of July you were abusing both alcohol and .
• You are committed to resolve your alcohol issues by requesting an alcohol
evaluation, and joining Alcohol Anonymous.
• That as a result of this incident, you have developed new tools and coping
mechanisms to deal with your specific issues.
• That you apologize for your actions and the negative impact it has had on the
Renton Police Department.
 ( (

This investigation involves your conduct while off-duty on the dates of July 4, 5, and 9 of
this year. The allegations are addressed independently.

26.1.1.11.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. 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

On July 4th and sth, Kent police officers and independent witnesses indicated that you
were intoxicated. By your own admission, you indicated that you were "impaired". In
fact in your September 16th conversation with Deputy Chief Troxel you stated on a scale
of 1-10 that you were a "12".

The first incident was on Lake Meridian during the July 4th celebration. You were on the
lake and in violation of several boating infractions. In addition, you were too close to
the fireworks barge and so you were contacted by Kent Marine Patrol, Sergeant
and Officer- Both officers saw a bottle of Southern Comfort whiskey on your
boat and indicated that you were uncooperative and appeared intoxicated. Even after
being told to leave the lake, you continued to be argumentative and did not
immediately comply with the officer's lawful orders. Eventually, you did paddle back
towards the shore as instructed by the officers.

A short time later, you began paddling your boat back out into the lake, disregarding
what the Kent officers had told you to do. Sgt. stated that he told you more than
six times to get off the lake. The Kent officers then tried to re-contact you but you began
to paddle away from them, again failing to follow the lawful order of an officer. Kent PD
maneuvered their boat by yours and secured your boat to theirs. At this point, you
identified yourself as a Renton Police Officer. Sgt. and O f c . - stated that it
was obvious you did this to try and not be treated like the general public. The Kent
·officers then towed you and your boat to shore. During this time, you were still
argumentative with the Kent officers. The Kent officers then contacted on-duty Renton
S e r g e a n t - - to confirm your identity.

While the Kent officers were towing you to shore, you stared at Sgt. and made the
comment, "''ll make sure and repay you in full for this!" When Sgt. said he didn't
understand w h a t - meant by that, you said, "You know exactly what I mean!"
Sgt. asked you if that was a threat and you told him to, "Take it however you want
to take it!" Sgt. indicated that he took the statements by you as an obvious threat.
 (

This conversation was overheard by O f c . - and the civilian riders on the marine
patrol boat.

During this contact, O f c . - observed your non-verbal behavior an interpreted as a

"bring it on" look and it appeared you were sizing up Sgt. O f c . - was
concerned that a physical confrontation was about to happen.

On July sth, 2010 you were on Lake Meridian in your boat and according to witnesses
appeared to be under the influence. You rowed to the dock owned by This
dock is where the Kent Police boat is moored. Near the dock, you spoke w i t h -
During this conversation,- believed you were intoxicated. - w a s able to
determine that you were the officer who had been in the confrontation with the Kent
officers on the previous evening. During this short conversation,- said that you
told him that there would be "payback" for the night before. You t o l d - that you
were not going to damage the boat or his property but there would be "payback".
- t o o k this to mean that the payback would be against the officers and it caused
him concern for their safety. - t o l d you to get away from his dock and the boat
and you left.

On July 4th, I was informed of this incident at Lake Meridian. After Renton's fireworks
show, I contact Sgt. at the station. Sgt. informed me in detail of his
conversation with Kent PD. Sgt. told me he could hear someone in the
background yelling during the conversation. Soon after this I was told that you called in
sick on the 3rd for your scheduled work shift on the LJ.th.

I checked the patrol schedule and learned that you were scheduled to return to work on
Tuesday the 6th of July. At this point, I decided to address this issue with you on
Tuesday.

On July sth, at approximately 1900 hours I received a phone call at home from Sgt.
I was told that there was a second incident involving you a t ' - Dock"- the
location where Kent PD moors their boat.

I met Lt. a t - Dock residence). I was told of the

confrontation between yoLJ and M r . - Lt. stated that the events of the last
two days have placed certain officers in her department on alert- that it was an officer
safety issue. She stated she was told by her Captain to not confront you, in fear of this
resulting in an armed confrontatio~.

On July 6th, we met in Conference Room A at 1100 hours. Besides the two of us were
Sgt. Ritchie and Deputy Chief Troxel. During this meeting, I placed you on
Administrative Leave and verbally instructed you to stay off the lake and away from
Kent PD until this is resolved. Later that day, I was advised that you were actually living
on the lake, but you never brought this to my attention.
On July gth at approximately 1847 hours, I received a call at home from Sgt. .
Sgt. received a-call from Kent PD that you were back on the lake in the vicinity of
house.

I drove to M r . - house and discussed this incident with members of the Kent
Police Department, including Chief Steve Strachan. Chief Strachan was very concerned
for his officers in regards to your actions on the lake. Chief Strachan mentioned that the
prior incidents were topics of patrol briefings in regards to officer safety precautions.

On July lih, we met in Conference Room B. The purpose of this meeting was to
document in writing my instructions to stay off the lake. I provided you a photograph of
the area and designated an area in the lake that you should stay away from.

26.1.1. 11.0- Conformance to Laws

Members of the Police Department shall obey all laws of the United States, and of any
state or local jurisdictions in which the members are present. A conviction of the
violation of any law shall be prima facie evidence of a violation of this section.

Finding: Sustained

You have admitted that you were in a row boat on Lake Meridian after dark, and did not
have the required navigational lights, PFD's or a sounding device on his boat. You stated
in your taped statement that you were impaired by alcohol and prescription
medications at that time. This is .corroborated by the statements of O f c . - and Sgt.
When requested by Kent PD for your address, you gave partial information and
made the comment that the officers should, "figure it out". You were ordered to leave
the lake at least six times and eventually had to be towed to shore. While being towed
to shore you made the comment that you would "repay this favor in full". Both officers
took this as a threat against them. A harassment case was taken by the Kent Police
Department for the threats made by you.

The next day, you rowed your boat across the lake to M r . - dock. You t o l d -
that there would be "payback" for what happened the night before. The Kent Police
Department took this threat seriously.

Any one of these violations would result in a "sustained" finding for not conforming to
laws. What is more troubling is that at least two of these violations could have resulted
in criminal charges of Obstructing and Harassment if not for the discretion of the
involved Kent Officers.
26.1.1. 11.0- Use of Alcohol off Duty

Members of the Police Department, while off duty, shall refrain from intoxication, or
obnoxious, or offensive behavior which discredits them as a member of the department,
or the Department, or renders the member unfit to report for their next regular tour of
duty.

Finding: Sustained

During both the July 4th and July sth incidents, Kent Police officers and private citizens
described you as being intoxicated. During these contacts you were slurring your words,
hindering the investigation being conducted by the Kent Police Officers, yelling and
making comments about "paybacks" towards the Kent Officers. O f c . - indicated
that the whole situation was beyond embarrassing. Both Kent officers and Mr. •
describe classic symptoms of intoxication when discussing your condition on July 4t and
5th.

In your taped statement, you told Deputy Chief Troxel that you were "impaired" by
prescription drugs and alcohol on both of these dates and that you do not have a totally
clear recollection of these events. In your September 16th conversation with Deputy
Chief Troxel you stated on a scale of 1-10 that you were a "12".

26.1.1. II.T- Abuse of Position

Use of official position or identification. Members of the Police Department shall not use
their official position, official identification cards, or badges for:
1. Personal or financial gain;
2. Obtaining privileges not otherwise available to them except in the
performance of duty; or,
3. Avoiding the consequences of illegal acts.

Finding: Sustained

During the second contact that Sgt. and O f c . - had with you on July 4th; you
clearly identified yourself as a Renton Police Officer. During this contact, you made the
statements, "Is this how you treat other officers," and "I'm a Renton Officer". In their
taped statements, both Sgt. and O f c . - indicated that they felt that you had
identified yourself as an officer so that you would be treated differently for those
violations. Sgt. went as far as to say, "There is no doubt in my mind he said it
because he didn't want to get in trouble".

None of the officers who had contact with you on July 4th asked you if you were a police
officer prior to you telling them that you w~re. You claim that you did so because things
were getting out of control and you wanted to go home. I find this statement difficult to
believe since it would indicate that you were trying to de-escalate the incident when in
fact you continued to escalate the situation further while being towed to shore by
making the statement, "I will make sure to repay this favor in full".

Both Kent officers were very clear about why they felt you identified himself as a police
officer.

Discipline Recommendation: Termination of employment

Your actions on the 4th and sth of July have clearly embarrassed the Renton Police
Department. If it were not for your disclosure that you were an officer I believe you
would have been cited and or booked for harassment and/or obstruction.
Your threats of harm against officers of a neighboring law enforcement officer are
inexcusable. While you may state they were only comments, you know better since you
have been on the other side of those statements in the past in your position as a police
officer.

During the Loudermill hearing in my office, it was evident that you understand your
actions were unacceptable. Your therapists described your condition as suffering from
". She also stated that you have made significant progress under
her guidance.

I have personally researched via the Internet; through discussions with a medical
professional; and with a person known to me who suffers from the ailment. The
information that I received consistently· is that alcohol increases the risk of
complications associated with

However, this all stems from your voluntary use and abuse of intoxicants and
prescription medicine. The mitigated information that was provided-does not change
my original recommendation.

The Department's General Orders and the Collective Bargaining Agreement outline your
appeal rights.

Please coordinate the return of Department equipment with Officer Brad Martin or Bob
Dreher. You also may contact Human Resources regarding benefits.

Officer Date
 POLICE DEPARTMENT

M E M 0 R A N D U M

DATE: September 29, 2010

TO: Officer . j 11
FROM: Kevin Milosevich,· Chief .pv I
SUBJECT: Intent to Discipline C0-0510

I have received and reviewed the investigation that was conducted by Deputy Chief
Troxel. I have also reviewed the discipline recommendations of Sergeant
Commander Cline and Deputy Chief Troxel.

This investigation involves your conduct while off-duty on the dates of July 4, 5, and 9 of
this year. The allegations are addressed independently.

26.1.1.11.8- 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. 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

• On July 4th and sth, Kent police officers and independent witnesses indicated that
you were intoxicated.
• By your own admission, you indicated that you were "impaired". In fact in your
September 16th conversation with Deputy Chief Troxel you stated on a scale of 1-
10 that you were a "12".
• The first incident was on Lake Meridian during the July 4th celebration. You were
on the lake and in violation of several boating infractions.
• In addition, you were too close to the fireworks barge and so you were
contacted by Kent Marine Patrol, Sergeant and Officer-
• Both officers saw a bottle of Southern Comfort whiskey on your boat and
indicated that you were uncooperative and appeared intoxicated.
 (

• Even after being told to leave the lake, you continued to be argumentative and
did not immediately comply with the officer's lawful orders. Eventually, you did
paddle back towards the shore as instructed by the officers.
• A short time later, you began paddling your boat back out into the lake,
disregarding what the Kent officers had told you to do.
• Sgt. stated that he told you more than six times to get off the lake.
• The Kent officers then tried to re-contact you but you began to paddle away
from them, again failing to follow the lawful order of an officer.
• Kent PD maneuvered their boat beside yours and secured your boat to theirs. At
this point, you identified yourself as a Renton Police Officer. Sgt. and Ofc.
- s t a t e d that it was obvious you did this to try and not be treated like the
general public .
.• The Kent officers then towed you and your boat to shore. During this time, you
were still argumentative with the Kent officers. The Kent officers then contacted
on-duty Renton S e r g e a n t - - to confirm your identity.
• While the Kent officers were towing you to shore, you stared at Sgt. and
made the comment, 11!'1/'make sure and repay you in full for this!" Wheh Sgt.
said he didn't understand w h a t - meant by that, you said, /You
know exactly what I mean!" Sgt. asked you if that was a threat and you
told him to, 1'Take it however you want to take it!" Sgt. indicated that he
took the statements by you as an obvious threat. This conversation was
overheard by O f c . - and the civilian riders on the marine patrol boat.
• During this contact, O f c . - observed your non-verbal behavior and
interpreted it as a "bring it on" look and it appeared you were "sizing up" Sgt.
O f c . - was concerned that a physical confrontation was about to
happen.

On July sth, 2010 you were on Lake Meridian in your boat and according to witnesses
appeared to be under the influence.
• You rowed to the dock owned by This dock is where the Kent
Police boat is moored. Near the dock, you spoke w i t h - During this
conversation,- believed you were intoxicated.
• - w a s able to determine that you were the "Renton Officer" who had been
in the confrontation with the Kent officers on the previous evening.
• During this short conversation,- said that you told him that there would
1
be ' payback" for the night before. You t o l d - that you were not going to
damage the boat or his property but there would be ('payback". - t o o k
this to mean that the payback would be against the officers and it caused him
concern for their safety. - t o l d you to get away from his dock and the boat
and you left.

On July 6th, we met in Conference Room A at 1100 hours. Besldes the two of us present
were Sgt. Ritchie and Deputy Chief Troxel. During this meeting, I placed you on
Administrative Leave and verbally instructed you to stay off the lake and away from
Kent PD until this was resolved. Later that day, I was advised that you were actually
living on the lake, but you never brought this to my attention.

On July gth at approximately 1847 hours, I received a call at home from Sgt.
Sgt. received a call from Kent PD that you were back on the lake in the vicinity of
house.

I drove to M r . - house and discussed this incident with members of the Kent
Police Department, including Chief Steve Strachan. Chief Strachan was very concerned
for his officers in regards to your actions on the lake. Chief Strachan mentioned that the
prior incidents were topics of patrol briefings in regards to officer safety precautions.

On July 1ih, we met in Conference Room B. The purpose of this meeting was to
document in writing my instructions to stay off the lake. I provided you a photograph of
the area and designated an area in the lake that you should stay away from.

26.1.1. 11.0- Conformance to Laws

Members of the Police Department shall obey all laws of the United States, and of any
state or local jurisdictions in which the members are present. A conviction of the
violation. of any law shall be prima facie evidence of a violation of this section.

Finding: Sustained

• You have admitted that you were in a row boat on Lake Meridian after dark, and
did not have the required navigational lights, PFD's or a sounding device on your
boat.
• You stated in your taped statement that you were impaired by alcohol and
prescription medications at that time. This is corroborated by the statements of
O f c . - and Sgt.
• When requested by Kent PD for your address, you gave partial information and
made the comment that the officers should, "figure it out".
• You were ordered to leave the lake at least six times and eventually had to be
towed to shore. While being towed to shore you made the comment that you
would "repay this favor in full". Both officers took this as a threat against them.
• A harassment case was taken by the Kent Police Department for the threats
made by you.
• The next day, you rowed your boat across the lake to M r . - dock. You told
- t h a t there would be "payback" for what happened the night before. The
Kent Police Department took this threat seriously.
Any one of these violations would result in a 11 Sustained" finding for not conforming to
laws. What is more troubling is that at least two of these violations could have resulted
in criminal charges of Obstructing and Harassment if not for the discretion of the
involved Kent Officers. '

26.1.1. 11.0- Use of Alcohol off Duty

Members of the Police Department, while off duty, shall refrain from intoxication, or
obnoxious, or offensive behavior which discredits them as a member of the department,
or the Department, or renders the member unfit to report for their next regular tour of
duty.

Finding: Sustained

• During both the July 4th and July sth incidents, Kent Police officers and private
citizens described yol.l as being intoxicated.
• During these contacts you were slurring your words, hindering the investigation
being conducted by the Kent Police Officers, yelling and making comments about
"paybacks" towards the Kent Officers.
• O f c . - indicated that the whole situation was beyond embarrassing. Both
Kent officers and M r . - describe classic symptoms of intoxication when
· · your con d 1t1on
d 1scussmg · · on Ju1y 4th an d sth .
• In your taped statement, you told Deputy Chief Troxel that you were "impaired"
by prescription drugs and alcohol on both of these dates and that you do not
have a totally clear recollection of these events.
• In your September 16th conversation with Deputy Chief Troxel you stated on a
seale of 1-10 that you were a "12". ,

26.1.1. II.T- Abuse of Position

Use of official position or identification. Members of the Police Department shall not use
their official position, official identification cards, or badges for:
1. Personal or financial gain;
2. Obtaining privileges not otherwise available to them except in the
performance of duty; or,
3. Avoiding the consequences of illegal acts.

Findi.ng: Sustained

During the second contact that Sgt. and O f c . - had with you on July 4th:
' '

• You clearly identified yourself as a Renton Police Officer without being

requested.
• During this contact you made the statements, "Is this how you treat other
officers," and "I'm a Renton Officer".
• In their taped statements, both Sgt. and O f c . - indicated that they felt
that you had identified yourself as an officer so that you would be treated
differently for those violations. Sgt. went as far as to say, "There is no
doubt in my mind he said it because he didn't want to get in trouble".

None of the officers who had contact with you on July 4th asked you if you were a police
officer prior to you telling them that you were. You claim that you did so because things
were getting out of control and you wanted to go home. I find this statement difficult to
believe since it would indicate that you were trying to de-escalate the incident when in
fact you continued to escalate the situation further while being towed to shore by
making the statement, "/will make sure to repay this favor in full".

Discipline Recommendation: Termination of employment

Your actions on the 4th and sth of July have clearly embarrassed the Renton Police
Department. If it were not for your disclosure that you were an officer I believe you
would have been cited and or booked for harassment and/or obstruction. This all stems
from your voluntary use of intoxicants and prescription medicine.

Your threats of harm against officers of a neighboring law enforcement officer are
inexcusable. While you may state they were only comments, you know better since you
have been on the other side of those statements in the past in your position as a police
officer.

You are considered an officer safety threat by the members of the Kent Police
Department.

The Department's General Orders outlines your appeal rights. Please notify Sherry
Smith within five (5} days of receiving this memo if you wish to discuss this discipline
recommendation or request to exercise your appeal options.

After notification, I will schedule the appropriate meeting or review board. I will then
notify you of my final decision.

I have received a copy of the intent to discipline memorandum.

O'l30 I 0
Date
 POLICE DEPARTMENT

M E M 0 R A N D U M

DATE: 8/24/10
TO: Chief Kevin Milosevich via Chain of Command
FROM: Sergeant
SUBJECT: Discipline Recommendation C0-05-10

I received the internal investigation from Deputy Chief Troxel involving Officer-
- I have reviewed the findings of fact that were developed in this investigation
and my findings and recommendations are as follows:

ALLEGATION #1 ~Sustained

26.1.1. 11.8- 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. 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.

This investigation shows that Officer- was contacted by the Kent police
Department on July 4th and sth of this year. The first contact was brought on by Officer
- w h o was out on Lake Meridian on his pontoon boat during the hours of
darkness without necessary safety equipment. Officer- did not have any
running lights, a PFD or sounding device. Officer- and Sgt from the Kent
Police Department were working Marine Patrol on July 4th and made contact with
Officer- Concerned for his safety they repeatedly asked him to leave the lake
and get off the water. Sgt. said it was apparent that Officer was
intoxicated and refusing to leave, but after a few moments he turned to leave the lake
as requested. However as Officer- neared the shore he stopped and began to
row his boat back out on to the lake towards the fireworks barge. Officer- and
Sgt. made contact again. During this second contact Officer- became
belligerent and asking if he was going to be arrested and why were they bothering him.
He then identified himself as a Renton Police Officer. When asked for his name and
address Officer- provided partial information. When requested for complete
information he told the officers "to figure it out".
 Chief Kevin Milosevich
Page 2 of 4
August 24, 2010

During this contact O f f i c e r - emotions fluctuated from being quiet, to

emotional outbursts. Kent officers called the on duty Renton Sergeant in order to verify
his employment. A bottle of liquor (Southern Comfort) was located in O f f i c e r -
boat. The Kent Officers towed Officer- back to his dock and while en route
Officer- made threats to Kent Officers that .he was going to "pay this back in
full." Both Officer- and Sgt took this comment as a threat. (Note there were
civilian riders on the Kent PD boat who witnessed this event)

On July sth Officer- made contact with who moors the Kent Police
boat at his dock. Officer- t o l d - that there was going to be "payback",
causing- to fear for the safety of the officers involved in the previous night's
events, he contacted Kent PD. During this contact Officer- confirmed t o -
that he was the Renton Officer from the night before.

O f f i c e r - behavior was the topic of a Kent PD briefing for "Officer Safety"

reasons. The actions of Officer- brought discredit to himself and the Renton
Police Department.

ALLEGATION #2- Sustained

26.1.1. 11.0- Conformance to Laws

Members of the Police Department shall obey all laws of the United States, and of any
state or local jurisdictions in which the members are present. A conviction of the
violation of any law shall be prima facie evidence of a violation of this section.

Officer- was out on Lake Meridian during the hours of darkness with no running
lights, no PFD and no Sounding Device. During his contact with Kent Officers he failed to
provide his full information and told the officers to "figure it out." He was
uncooperative and had to be told repeatedly to leave the lake. He was warned he could
be charged with Obstructing. Ultimately the officers had to tow him to the shore and
while doing so he made threats saying, "I will make sure to repay this favor in full." Both
Officers said they took this as a personal threat and say they are on a high alert for any
suspicious activity or retaliation from Officer- A case for Harassment was
documented by Kent Police Department.

ALLEGATION #3- Sustained

26.1.1. 11.0- Use of Alcohol off Duty

Members of the Police Department, while off duty, shall refrain from intoxication, or
obnoxious, or offensive behavior which discredits them as a member of the department,
or the Department, or renders the member unfit to report for their next regular tour of
)
duty.
 .-)
Chief Kevin Milosevich
Page 3 of 4
August 24, 2010

During Officer-contact with Kent PD, Sgt. described him as having a blank
stare typical of intoxicated subjects, not responding appropriately and fluctuating
between being quiet and reserved, to emotional outbursts. He was slurring his words
and refused to cooperate with the officers contacting him. Officer- said he was
yelling and argumentative and screaming Sgt was lying. She described the whole
situation as beyond embarrassing.

Witness- describe.s O f f i c e r - behavior on the sth as hollering at him about

"paybacks" and being loud, red in the face and awfully ornery.

- a d m i t s that he was impaired by drugs and alcohol on both the 4th and sth of
July, to the point that he cannot recall the events of the either day very clearly, and
defers to Kent PD' s interpretation of the events.

ALLEGATION #4- Sustained

26.1.1. II.T- Abuse of Position

Use of official position or identification. Members of the Police Department shall not use
their official position, official identification cards, or badges for:
) 1. Personal or financial gain;
2. Obtaining privileges not otherwise available to them except in the performance
of duty; or,
3. Avoiding the consequences of illegal acts.

Officer- identified himself as a Renton police officer during his July 4th contact
with the Kent Police Department.- asked Officer- and Sgt "is this
how your treat other officers?", "I'm a Renton Officer". Both officers indicated that they
felt he said this in order to be treated differently. Sgt said, "There is no doubt in
my mind he said it because he didn't want to get in trouble."

Officer- denies using his position for any personal gain or to avoid
consequences, but does admit he told them he was an officer because he felt the
situation was getting out of control and he wanted to go home.
Chief Kevin Milosevich
Page 4 of4
August 24, 2010

Recommendation

The investigation covers three days of events but July 4th and sth 2010 are of most
concern to me. As police officers we must hold ourselves to a higher standard with the
knowledge that our every word and action is under constant review by the public, and
perhaps more importantly our peers.

Officer- was uncooperative during a police investigation committing the crime of

"Obstructing". He then offers up that he himself is a police officer and says he did this
because he just wanted t.o go home and felt the "contact getting out of control".
However Sgt. is clear that he did this in hopes of avoiding any consequence for his
actions. In addition he threatened the officers with "payback." When asked if he was
threatening them he told them to take it any way they want. On July sth he contacted a
private citizen and told him there will be "payback." The citizen believed the threat was
directed at the officers involved in the events of July 4th. This form of harassment can
be criminal based on the victim's belief. Intoxication is not a defense. The two Kent
officers involved both said they took this as a threat and O f f i c e r - words forced
them to consider the possibility that their safety may be in jeopardy. To threaten a
fellow officer at any time, especially during the course of their duties, is the most
serious of all the allegations. Sadly these events were witnessed by the citizens of Kent.
Officer- has brought discredit to himself and the Renton Police Department. It is
my opinion that he still has not taken responsibility for his actions or admitted he was
wrong. He defers the facts of the investigation to the statements of the Kent Officers
involved because he can't remember.

It is clear that O f f i c e r - personal life is out of control. The emotional stress he

has been dealing with involving the events surrounding the
are clearly more than he can handle at this time. I believe from
personal contact that the alcohol and substance abuse (while never witnessed at work)
has been going on in his personal life for some time. These are not issues that can be
resolved/repaired overnight or even in a few months.

I recognize that Officer- has had no previous issues involving discipline, but the
facts and circumstances surrounding this investigation are so egregious that I am
recommending termination.
I
I
I

POLICE DEPARTMENT

M E M 0 R A N D U M

DATE: August 30th, 2010

TO: Deputy Chief Troxel

FROM: Commander Cline
SUBJECT: Discipline Recommendations C0-05-10

I received a copy ofthe completed internal investigation and recommended discipline on

from Sergeant I have reviewed the investigation including the
finding of fact. My findings and recommendations are as follows.

Allegation #1- Sustained

26.1.1.11.8- 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. 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.

This investigation primarily covers two days of activity involving Officer- between July
4th and sth. On both of these occasions the K"ent Police Officers and independent witness
indicated that Officer- was intoxicated. By his own admission, Officer-
indicated he was "impaired".

The first incident was on Lake Meridian during the July 4th celebration. Officer- was on
the lake and was in violation of several boating infractions. In addition he was too close to the
fireworks barge and he was contacted by Kent Marine Patrol Officers, Sergeant and
Officer- Both officers saw a bottle of Southern Comfort o n - boat and indicated
that he was uncooperative and appeared intoxicated. Even after being told to leave the lake
Officer- was argumentative and did not immediately comply with the officers lawful
orders. Officer- did eventually paddle back to shore as he had been told to do by the
officers.
I Deputy ChiefTroxel
Page 2 of 5
August 30, 2010

A short time later Officer- began paddling his boat back out into the lake, disregarding
what the Kent Officers had told him to do. Sergeant indicated that he had told Officer
- more than six times to get off the lake.
The Kent Officers then tried to re-contact Officer- but he began to paddle away from
them. They maneuvered their boat by his and secured his boat to theirs. Officer- then
identified himself as a Renton Police Officer. Sergeant and Officer- indicated that it
was obvious he did that to try and not be treated like the general public. The Kent Officers then
towed Officer- and his boat to shore. Officer- was still argumentative and the
Kent Officers contacted on duty Renton Sergeant- to confirm- identity.

While the Kent Officers were towing- to shore, he stared at Sergeant and made
the comment, "I'll make sure and repay you in full for this". When said he didn't
understand w h a t - meant by that, said, "you know exactly what I mean".
a s k e d - ifthat was a threat and told him to, "Take it however you want to take
it". Sergeant indicated that he took the statements by Officer- as an obvious
threat. These comments were heard by Officer- as well and there were civilian riders on
the boat who witnessed the incident.

On July sth, 2010 Officer- was on Lake Meridian in his boat again and according to
witnesses again appeared to be under the influence. He rowed to the dock owned by
where the Kent Police boat is moored and spoke t o - During this conversation
indicated he believed- was intoxicated and he was able to determine that
- w a s the officer who had been in the confrontation with the Kent Marine Officers on
the previous evening. During their short conversation indicated that told him
that there would be "payback" for the night before.
going to damage the boat or his property but there would be "payback".
mean that the payback would be against the officers and it caused him concern for their safety.
- t o l d - to get away from his dock and the boat and-left.

These incidents caused great concern within th~ Kent Police Department and the information
was presented in Kent Police Briefings as an "Officer Safety" concern. In addition, this incident
precipitated a conversation between Kent Police Chief Strachan and Chief fvlilosevich in which
Strachan expressed his concerns about O f f i c e r - actions.

Without a doubt O f f i c e r - actions on Lake Meridian on July 4th and 5th brought
discredit to himself as well as the Renton Police Department as a whole.
 )
Deputy Chief Troxel
Page 3 of 5
August 30, 2010

ALLEGATION.#2- Sustained

. 26.1.1. 11.0- Conformance to Laws

Members of the Police Department shall obey all laws of the United States, and of any state or
local jurisdictions in which the members are present. A conviction of the violation of any law
shall be prima facie evidence of a violation of this section.

By his own admission Officer- was in a row boat on Lake Meridian after dark and did
not have the required navigational lights, PFD's or a sounding device on his boat. He also
indicated in his taped statement that he was impaired by alcohol and prescription medications
at that time. This is corroborated by the statements of Officer- and Sergeant
When Officer- was lawfully asked for his name he only would give partial information
and made the comment that the officers should, "figure it o u t " . - was ordered to leave
the lake at least six times and eventually had to be towed to shore. While being towed to shore
he made the comment that he would repay this favor in full. Both officers took this as a threat
against them. A harassment case was taken by the Kent Police Department for the threats
made by Officer-

Any one of these violations would result in a "sustatned" finding for not conforming to laws.
What is more troubling is that at least two of these violations could have resulted in criminal
charges of Obstructing and Harassment if not for the discretion of the involved Kent Officers.

Considering the information listed above and the investigation as a whole, I find that the
allegation that Officer- violated the General Order pertaining to "Conformance to Laws"
is sustained.

ALLEGATION #3- Sustained

26.1.1. 11.0- Use of Alcohol off Duty

Members of the Police Department, while off duty, shall refrain from intoxication, or obnoxious,
or offensive behavior which discredits them as a member of the department, or the Department,
or renders the member unfit to report for their next regular tour of duty.

During the July 4th and July sth, incidents Kent Police Officers and private citizens described
Officer- as being intoxicated. During these contacts he was slurring his words,
hindering the investigation being conducted by the Kent Police Officers, yelling and making
comments about "paybacks" towards the Kent Officers. Officer- indicated that the
whole situation was beyond embarrassing. Both Kent Officers and M r . - describe Classic
symptoms of intoxication when discussing O f f i c e r - condition on July 4th and sth.
 \
I
Deputy Chief Troxel
Page 4 of 5
August 30, 2010

In his taped statement, Officer- told Deputy Chief Troxel that he was "impaired" by
prescription drugs and alcohol on both of these dates and does not have a totally clear
recollection of all the events. With these facts in mind I believe it is obvious that Officer
- w a s in violation of the Renton Police Department policy for, "Use of Alcohol off Duty".

ALLEGATION #4- Sustained

26.1.1. II.T- Abuse of Position

Use of official position or identification. Members of the Police Department shall not use their
official position official identification cards, or badges for:
1. Personal or financial gain;
2. Obtaining privileges not otherwise available to them except in the performance of
· duty; or,
3. Avoiding the consequences of illegal acts.

During the second contact that Sergeant and Officer- had with Officer- on
July 4 t h , - clearly identified that he was a Renton Police Officer. He made the
statements, "is this how you treat other officers?" and "I'm a Renton Officer". Officer-
was aware of the violations that the Kent Officers had stopped him for. In their taped
statements, both Sergeant and Officer- indicated that they felt that Officer-
had identified himself as an officer so that he would be treated differently for those violations.
Sergeant went as far as to say, "There is no doubt in my mind he said it because he didn't
want to get in trouble".

None of the officers who had contact with Officer- on July 4th asked him if he was a
Police Officer prior to him telling them he was. Officer- claims he did so because things
were getting out of control and he wanted to go home. I find this statement difficult to believe
because it would indicate that he was trying to de-escalate the incident when in fact he
continued to escalate the situation further while being towed to shore by making the
statement, "I will make sure to repay this favor in full".

Both Kent Officers were very clear about why they felt Officer- identified himself as a
Police Officer. Officer- disagrees with their opinion but by his own admission, he was
impaired at the time. For the reasons listed above I believe the allegation of,"Abuse of
position" is sustained.

Recommendation

I have reviewed the four allegations as well as the completed investigation involving the alleged
activities of Officer on July 4th, sth and gth, 2010.
Deputy Chief Troxel
Page 5 ofS
August 30, 2010

There are four alleged allegations of misconduct by Officer- and I have determined that
all of them are sustained. My recommendation is primarily focused on the activities that
occurred on July 4th and 5th, 2010. My disciplinary recommendation is as follows.

O f f i c e r - actions on July 4th and 5th, 2010 were without a doubt inappropriate and
violations of Department General Orders. What is of greater concern to me is the fact that two
of the violations involved actions that could have resulted in criminal charges of Obstructing
and Harassment. Kent officers a n d - were working Marine Patrol on Lake Meridian
and were performing their sworn duties when they contacted Officer- for obvious
boating violations. His refusal to cooperate with them and to obey their lawful order to leave
the lake certainly would meet the elements of obstructing. In addition, during this time Officer
- w a s obviously intoxicated and identified himself as a Renton Police officer in what the
Kent officers described as an attempt to avoid getting into trouble. O f f i c e r - actions
were at minimum an embarrassment to our department as well as to the Kent Officers, who
had civilian personnel on their boat.

My greatest concern focuses on statements that Officer- made to the Kent Officers
while they were towing his boat back to shore on July 4th. Officer- specifically told the
Kent Officers that there would be "payback" for their actions. Both of the Kent Officers
indicated that they took these comments as a threat against them. As if this wasn't bad enough
Officer- repeated those same threats to a private citizen, on July 5th after
her rowed his boat to the dock where the Kent Police boat is moored. -indicated that he
took the payback comments as a threat against the Kent Police officers. Sergeant and
Officer- took these threats seriously as did the Kent Police department as a whole. A
harassment report was completed by Sergeant and Officer- and the incident was
reviewed as an officer safety concern at Kent Police Patrol briefings. Kent Police Chief Strachan

-
even spoke to Chief Milosevich and expressed his great concern about the actions of Officer

O fficer- identified issues that were occurring in his personal life during the time of this
incident and the fact that he was "impaired" by the prescription drugs and alcohol he had
consumed. This does not excuse his actions on July 4th and 5th, 2010. Renton Police officers are
required to adhere to a code of conduct that covers on duty and off duty activities. We are in
the public eye and have been entrusted with the authority of our position. As such we are held
to a higher standard of behavior aside from being expected not to violate the very laws we are
sworn to uphold. O f f i c e r - actions on July 4th and 5th, 2010 have brought discredit to
himself as well as the Renton Police Department as a whole. While I recognize that Officer
- d o e s not have any prior disciplinary actions with our department, the facts·
surrounding this investigation are so serious that I am recommending his employment with the
Renton Police Department be terminated.
 POliCE DEPARTMENT

M E M 0 R A N D U M

DATE: September 7, 2010

TO: fficer

FROM: Deputy Chief Tim Troxel

C0-05-10

I have received and reviewed the above noted Internal Affairs investigation reference
your off-duty conduct on July 4, 5 and 9, 2010. Prior to making a finding and if necessary
a discipline recommendation, I would like to give you an opportunity to provide
additional information that might have been left out ofthe investigation.

The opportunity to meet with me is voluntary. If you choose to discuss this incident with
me prior to my recommendation to Chief Milosevich, please contact me by Wednesday,
September 15, 2010 to schedule an appointment. I have attached a copy of the
investigation for your review.

)
 POLICE DEPARTMENT

MEMORANDUM

DATE: September 21, 2010

TO: Kevin M-ilosevich, Chief of Police

FROrV(/ / ( V\t~ W Tim Troxel, Field Operations Deputy Chief

Discipline Recommendation I C0-0510

Officer

On Thursday September 16, at 1630 hours I spoke in-person with Officer-

- With him as a guild representative was Sergeant Craig Sjolin. Officer-
came prepared with his copy of the internal investigation packet, with hand-written
notes or talking points on various documents throughout. If anything,- did not
give mitigating information but more solidified his physical and mental state and
admitted that if he was unclear in his recollection of the events, it was because he was
"impaired". He admitted during our meeting that impaired did not make it clear how
affected he w a s . - said, "On a scale of one to ten, I was a twelve".

ALLEGATION #1

26.1.1.11.8- 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. 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.

This investigation covers three evenings of events involving off-duty O f f i c e r -

July 4, 5, and 9. Sergeant and Commander Cline go into detail about their
understanding of the events on all three days. I had the added benefit of investigating
this complaint and heard all of the statements first hand. Additionally,- admitted
that if there was any question about the events and he did not have any recollection,
then we should accept the statements of the Kent ofticers and any civilian witnesses.
Based upon all of the above, I believe there is no question about the events of July 4 and
5. It is my belief that unbecoming conduct occurred on both of those d a y s . -
admitted that-

• I own all of this, this is all me

• I'm gonna fall on my sword
 )
Chief of Police Kevin Milosevich
Page 2 of4
September 21, 2010

• I was outside ~f my body watching me, and wondering, who is this person?
• I was not trying to be disobedient.
• I was a jackass
• There is nothing that excuses my behavior

Officer- was argumentative and made a statement to Sergeant "I'll make

sure and repay you in full for this". The only way to take this is as a threat. These
comments were overheard by Officer- and civilian passengers on the Kent police
boat. -behavior caused Kent PD to use valuable resources to deal with him,
and to contact Sergeant-to c o n f i r m - identity.

On July 5, Officer- had a run-in with the man who allows Kent PD to
moor their boat at his 9ock. During their short conversation- told him that there
would be "payback" for the night before. - t o o k this to mean that the payback
would be against the Kent officers and it caused- concern for their safety. This
contact resulted in Kent PD making- an officer safety discussion topic in their
patrol briefings. W h e n - read this information during the review of this
investigation, he told me, "It made me nauseous."

I concur with Commander Cline and Sergeant that without a doubt, Officer
- a c t i o n s on Lake Meridian on July 4 and 5 brought discredit to himself as well
) as the Renton Police Department as a whole.

Finding: Sustained

ALLEGATION #2

26.1.1. II.D- Conformance to Laws -

Members of the Police Department shall obey all laws of the United States, and of any
state or local jurisdictions in which the members are present. A conviction of the
violation of any law shall be prima facie evidence of a violation of this section.

Again, the facts are undisputed. Officer- was off-duty in his non-motorized
pontoon, row boat on Lake Meridian after dark and did not have the required safety
equipment. Although these are marine infractions, they are still violations of law.
Sergeant confirmed that he took the same action w i t h - at that point of
their first contact, as he would have with any other citizen. (verbal warnings)

Being intoxicated and in control of a non-motorized boat is not a violation of law (i.e.
BUI) However, when Officer- was lawfully asked for his name he gave
incomplete information and made the comment that the officers should, "figure it out".
 Chief of Police Kevin Milosevich
Page 3 of 4
September 21, 2010

According to Sergeant was ordered to leave the lake at least six times and
eventually had to be towed to shore. I believe this meets the statutory definition of
Obstructing Law Enforcement Officer. While being towed to s h o r e - made the
comment that he would, repay you in full for this. Both officers took this as a threat
against them. This statement was documented in the form of a harassment case report.
The Obstructing and Harassment laws were not charged due to extremely level-headed
and patient Kent PD members. They were certainly warranted in charging- but
exercised discretion. Even though- was notcharged with either of these crimes,
I believe the burden of proof was met in this venue.

Finding: Sustained

ALLEGATION #3

26.1.1. 11.0- Use of Alcohol off Duty

Members of the Police Department, while off duty, shall refrain from intoxication, or
obnoxious, or offensive behavior which discredits them as a member of the department,
or the Department, or renders the member unfit to report for their next regular tour of
duty.

)
During the events of July 4 and 5, Kent Police Officers and M r . - described Officer
- a s being intoxicated. During these contacts he was slurring his words, and a
bottle of hard liquor (Southern Comfort) was seen i n - pontoon boat. Officer
-indicated that the whole situation was beyond embarrassing. - a d m i t s in
his statement that he was impaired by alcohol and prescription pain medication, and
followed up with me on September 16 saying, 11 0n a scale of one-to-ten, I was a twelve".
He added, 11 1 was a jackass."

Finding: Sustained

ALLEGATION #4

26.1.1. II.T- Abuse of Position

Use of official position or identification. Members of the Police Department shall not use
their official position, official identification cards, or badges for:
1. Personal or financial gain;
2. Obtaining privileges not otherwise available to them except in the performance
of duty; or,
3. Avoiding the consequences of illegal acts.
Chief of Police Kevin Milosevich
Page 4 of4
September 21, 2010

During the second contact on July 4 with Sergeant and O f f i c e r - -

identified himself as a Renton police officer by saying, "is this how your treat other
officers? I'm a Renton Officer". Both Kent officers were extremely surprised by this
statement because of h o w - had behaved prior to this, Both said they felt
- s a i d this in order to be treated differently than your average citizen. Sgt
said, "There is no doubt in my mind he said it because he didn't want to get in trouble."
went on to say that he still would have treated a citizen the same way a s -
(warnings and no written enforcement action) a n d - just wanted to get
- o f f of the lake and hopefully have no more problems with him. Officer-
denies using his position for any personal gain or to avoid consequences. However, he
does admit he told them he was an officer because he felt the situation was getting out
of control and he wanted to go home.

Finding: Sustained

Discipline Recommendation: 30 work-day suspension

During the meeting w i t h - and Sergeant Sjolin, I was given a letter from
ack,- EAP counselor. (attached) In the letter notes bi-
weekly sessions with her, issues that led up to the events of July 4 and 5 , -
diagnosis and significant progress, and coping skills to deal with his physical and
emotional symptoms. Additionally,- has been consistent in that he accepts
responsibility for his actions. He has never wavered or pointed to others to blame.

Regarding the Kent officers,- said, "They were very professional with me the
entire time. I forced them to use resources that could have been used elsewhere. I'd
love the opportunity to apologize to Sergeant and Officer- Overall,
- s a i d , "I have never behaved that way in my life, and never will again."
Regarding law enforcement here in Renton,- said, {(I love this job. I fix people's
problems. To me, this is more than a job. I love Mondays. I love the interaction with my
squad and the public. I cannot take ~ack what I've done. If I could I would. I let down the
department, my family, my squad, the Chief and you. If I am allowed to continue on my
current path, I can be a great asset."

I investigated this complaint and have sustained all four allegations. The events of July 4
and 5 are u n d i s p u t e d . - - behavior on those days was atrocious. The
sighting o f - near IIIII
Dock on the July 9, appears to be an innocent event,
based upon Mr. and Mrs. statements. In my opinion, there was not any wrong
doing on this night. As Commander Cline and Sergeant point o u t , -
does not have any discipline history with our department. However, the sustained
allegations are extremely serious and warrant severe discipline as noted above. I believe
Officer- is on the mend and can be a great asset once again. I am willing to give
him an opportunity to prove his worth.