,.
1
. . .
. .
. C0-0810 . .
,... .
. .
''. 0
. . '
. RECEIVED .
.. Mayor Law: . CONAOENTfAl " r:eu.IV\ . . NOV 15 2010
\A-A OFFICE
lim hoping. this Jetter does not fall upon deaf ears. The hope It may improve things for the Department Is my
motivation. The moral at the Renton P.D Is the only thing you have going for you Is the otherwise
you vyould be wltnesslngthe largest number of lateralllng to other departments this city has ever seen
before, I think there has always been this feeling that personnel Is unaware of the problems at the top
of our chain. never the case, neve'r been the case, never will be, People will always talk no matte'r how
much they swear they won't, There Is no respect for those leading us: and that's
JUST the top. But Isn't that where the leadership Is supp.ose to be at it's You have .. who ordered.
-to surveil h!s girlfrlend,-....:whlle on duty- more then once. They all Its so hush.-hush, but
everyl:iody knows. And are angry because nothing was done about it. Arbund here promote you for that,
or send you to specialized traln!ng at Quantico apparently. Ask--he wont' lie to Y9U about this If you
ask him Asl(-who was also asked to continue the surveillance when-decided he didn't
want to participate anymore. Doesn't that sound like somebody who's a little unbalanced to you? A Deputy Chief
,who has tb stall< his girlfriend, because she's seeing another guy? A Deputy who complete'ly loses it at her.
doorstep when he finds out It's true -In front of a .AND- this Is the man our -is continuing
to have a relationship with? Who's the craziest one here? Are you serious? .. h.ave
somebody. sit outside his girlfriend's house -It's an example that set by-when he stalked
- Now he's going to be her boss next Isn't that going to make for a great supervisor/subordinate
relationship? l-ean sit and. watch her through bin,oculars, why can't-
Everybody knows this and people are again angry was ever done about lt. Ask-
she won't lie to you either If you ask her directly. And then we have Marsalis!, who everybody here calls the
' .
Ayatollah or Satan. He's made a practice of making people miserable should they ever have the nerve to cross
, him- or disagree with him. He's made It very clear to numerous people that there careers are over here- and
.
there's nothing they can do about It because he's the boss now. Many job possibilities and promotions have been
unjustlfiab'ly denied to many who deserved them- all because of Marsalis!.
normodly do- we promot.e him of course. Wohder why you get so few .department members participating In
social activities? It's because we all know he's the one behind arranging them. Wonder why there's no
coneslveness In your pollee department -It's have most evil one of them all teaching morals and
ethics for Pete's sake! Oh let's not forget; how to be a better supervisor training as well. It's a joke and
r;;verybody knows he's a joke. No photos being offered for the Department vyall? That's because nobody believes
In the crap Marsalis! is trying to sell Ill Most of us halle been here way,tod long -we better, And theA of.
course you have Milosevich who hides his head 'In the sand and lets Marsalis! do all the dirty work for him.
Milosevich known about everything- and don't. nothing. Which Is what hi3 does best. Again- we all know
this. It's no secret. I .don't have many years left and the ones I have will be spent trying not to let others get
discouraged by the leadership exampl13s around us. But I guarantee you, whether I'm here or not, this
department will be the cOhesive one you hope for because of the type of Incidents I've above. And
this Is J USTthe tip of the Iceberg .. Moral will continue to decline, you will start'to have rouge cops becor,ne more
prevalent because that Is thelrexample above them. If you do nothing, then that Is on you. aut at least I said
/ ' . '
something. I've seen too much not too,
NATURE OF COMPLAINT:
On November 15, 2010 'the Mayor's Office received an The
allegations In this letter state that Deputy
conduct surveillance on-. The letter also states that
also in this at the request of Deputy
- - --
EMPLOYEE INVOLVED: Deputy Chief-
ALLEGATIONS:
Violation of General Orders
26.1.1.11.8 Unbecoming Conduct .
Members of the Pollee 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 sha/1/nclude.that which brings the Department Into
disrepute or reflects discredit upon the Individual as a member Police
Departm(mti or that whfch Impairs the operation or efficiency of the Department
or the Individual.
26.1.1.11.T Abuse of Position
, Use of official position or identification. Members of the Pollee Department shall
not use their official posit'! on offic/allc{entiflcatlon cards) or badges for personal
or financial galni obtaining prfvfleges ndt otherwise available to them except In
the performcmce of dutyi or avoiding the consequences of Illegal acts.
INVESTIGATION
I met briefly with DC Marsalis! in the morning. Marsalis! advised me of the' potential .
misconduct Involving DC-The
his
11
glrlfrlendu-
Marsails received this Information from Cmdr and did not have any specific
Information. When this occurred or If it was on"go!ng was not known.
currently -Is In Quantico, VA attending the FBI National -left In late
September and Is scheduled to complete this training In mid December. I was aware that
. -had returned home on several occasions to date.
Due to the allegations, I e.malled .to obtain any additional information. I did not n:e'ntlon
the purpose to meet with .In my email. I received a response back stating that she was
not scheduiGd to work today, but she could come In If netessary. -stated she was heading
for the airport to fly to Washington DC. (I assumed the purpose was to spend the long
weekend with-.)
I was notified by the Mayor's Office to meet with the Mayor and Jay about a couple of Items at
1630 hours. At the meeting, I was handed an original cGpy of an anonymous letter that was
sent to the Mayor's Office that was received by the Mayor's Office on the 15th,
We discussed the contents of the letter, and I mentioned to the Mayor of the complaint and
email exchange that occurred the week prior with. I Informed the Mayor. and Jay that I
would look into the allegations rega,rding-.
1500 hours .
I met with In his office at the Transit Center. During this Interview, I obtained
the following information:
The Incident In question occurred sometime In the summer of 2009. -believed It
happened on a Friday rilght.
1800 hours and asked In the. middle of
something, They agreed to meet at Sam's club on Grady.
At the visibly, upset, Was described as being emotionally spent.
told something was going on with-
' layed lnfo'rmatlon that led him t0 believe seeing someone else
de himself; he was asked to leave the residence f0r the weekend since a female
friend of coming from out of to visit.
that he wanted to drive him to -house In Newcastle to see
who was t.here. He mentioned that he did his own car since-
would recognize it.
-mentioned that this was a fine line. right and wrong and asked some
clarlfyjng questions. -old-that this was his housej that he has 9een llvlng
there; and that he with the privileges to come and go as he pleases.
The two of them drove to-house In Newcastle. The residence looked empty.
-old-to standby while he entered the residence to look for
luggage.
Prior to agreeing to, .. asked the same clarifying questions.
-nter'ed the. and returned about 15 minutes later. unsure If the
he found was male or female. -asked-iftheycould walt to see if
anyone shows up. .
At about 2100 hours,- car arrived at the residence and went Into the gaq:1ge and
the garage door closed behind. It was unknown who was In the vehicle.
-told -that he wanted to get out and enter the backyard to see who wasin
trie'"iW use.
Agaln,-was starting to be concerned about legallty of this But was
assured tliat.was free to come and go, and that he was living at the residence for
the most part even though he shared an apartment with a friend.
off, and returns about 30 minutes later. -described-as a
"defeat.ed man". -was able to observe-and a male companion In the kitchen
drinking wine and observed them embrace,
-and-return to Sam's Club, A discLlssion ensued and-mentions that
he wants to go speak ... - tried to discourage him. iill'phones-
and the call goes directly to voice mall. .
. he wants to go back, and.contlnues,lo attempt to discourage this.
states h'e has to go. . "
1
'''
agrees to go back to-residence with -but establishes some conditions,
s to!Gl to stay outsid'e and that -will should he see anything out of
the ordinary.
not to do anything stupid, and stated,
11
1 am going to my house to see
my girlfriend'.'' '\j
At the residence,-exits the car and knocks on the front door . answers the
door and the two of them remain on the front porch for about 45 minutes ..
-nd -eturned to Sam's Club. -promised -that he would not go
would notify the graveyard
supervisor. . .
-was feeling uneasy about the situation and was concerned that emotions might
get out of control.
Around midnight,- received a phone call from-who Is ass'lgned
as a patrol supervisor.___ toJd- thanks for h'elplng-during
this and like a beaten (-was Interviewed
later and does not recall this c.onversatlon
The following and left a voice mail asking that
-accompany ld not return the phone call.
Later In the again. and left a message that he was at-house and
no one was home.
A few days later, maybe as much a week later,-spoke with . -
asked-if he of the Incident that took place prior, -
mentioned that he did.
I then':asl<e'l-who all was aware of this Incident, and If anything' has Happened in the last
week or so that would stir this up again,. stated:
In my he originally assisted-' as a friend who he thought .
In crisis,- wanted to ensure that the Incident In question was completed Without harm to
anyone, During this
the resldence
1
obtained his phone
charger and left.-did not recall-entering the house)
l $
the seriousness ofthjs lncldenti that It is embarrassing; and that he
tho.ught he was doing the right thing by bringing a second person with him to assist him
in his thought process.
...
\I I,,,
.PpLICE DEPARTMENT
QATE:
TO:
FROM:
SUBJECT:
.MEMORANDUM
January 14} 2011
.-Deputy Chief
l<evln Milosevich} Chief of Pollee
Intent to Discipline
On November 15} 2010 Mayor Law received an anonymous letter stating you ordered
two sergeants to conduct surveillance on- At the time of the complaint} you
were the FBI National Aca,demy with an expected return date In late .
December. As a result ofthis complaint} I conducted the formailnvestlgatlon Into the
alleged misconduct. .
2.6.1.1.11.8- Unbecoming Conduct
Members ,of the Pollee Department shall conduct themselves at afl times, both on and off
duty, In such a manner as to reflect most favorably on the Department. Unbecoming
conduct shalf Include that which brings the Departmen,t into disrepute o'r reflects
discredit upon the Individual as a member of the Pollee Departmenii or that which
impairs the operatl9n or efficiency ojthe Department or the individual.
Finding: Sustained
This Incident was reported In November of 2010l but occurred in the summer of
The Investigation involves your use of-on"duty time to assist you with a
personal' relationship problem.
As the sergeant of our Special EnforcementTeamJ-time should have been
spent closely focused on supervising his team} rather than witli you.
Your actions on the evening In question could be construed as Irrational or desperate .In
an effort to continue thls.personal relationship. A more appropriate response would
have, been to not Involve an on"duty member of the Departrnent and to avoid contact
that weekend.
As this Incident was anonymously reported to the It Is assumed that
within the Department have knowledge. I understand that the Information as reported
Is not a factual version of the events, However, the facts and circumstances as
Investigated does call Into questlon your ability to be a succesqfulleader within the
Pollee Department.
As with all sustained allegations of misconduct, a performance action plan will be
developed with the goa.l of restoring Department confidence In your ability to lead.
Discipline
N
' '
Suspension withou't pay- Forty (40) hours
successful completion of a performance action plan
The Department's General Orders outlines your appeal rights. Please notify me 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 Investigation and of the Intent to discipline memorandum.
Deputy Chief-
Date
''
POLICE DEPARTMENT
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
. February 7, 2011
Kevin Milosevich, Pollee Chief
-Support Operations Deputy Chief
cq 08-10- Loudermill Hearing
General Order 52.11s titled Organizational Integrity
This same chapter speak? to objectivity, fairness and justice during the Investigation and review of
complaints, Additionally, the goal is to clear the innocent, establish guilt of wrongdoers, and
jacl/ltate fair, suitable and consistent action.
Findings
" There Is no question that Investigation was Intensive and Impartial
There Is no questio11 that.the allegation of Unbecoming Conduct is sustained
o 1 accept responsibility for this and have throughout the process, even' before conclusions
were reached
Discipline
() Loss of Accumulated Time v. Suspension
o Serious or part of a continuing pattern of behavior Involving serious misconduct
o Very Serious or part of a continuing patter.n of behavior Involving repeated serious
misconduct
o Supervisory Role .
o To recommend the most effective methods of discipline, taking Into consideration
the b'ehavlor history and personality traits of the personne.l under their supervision
Higher Standard of Conduct- for Supervisors and Commander Ofrlc-er's
Q What Is Fair, Suitable and consistent?
o Fair- does the discipline fit the
o Suitable does,the discipline send the message and Insure proper, future behavior
o Consistent- In comparison to previous discipline command staffers
. ,,
X \ I. \ ,,
POLICE DEPARTMENT
TO:.
FROM:
SUBJECT:
MEMORANDUM
February 9, 2011
-Deputy Chief
l(evinMIIosevich, Chief of Pollee
Discipline C0-0810
On Novem.ber 15, 2010 Mayor Law letter stating you
two sergeants to conduct surveillance At the time of the complaint, you
were attending the FBI National Academy with an return date in late
December. As a result of this complaint, I condu.cted the formal Investigation Into the
alleged misconduct.
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 maimer as to reflect most favorably on the Department .
conduct sh91/lnc/ude that which brings Department Into disrepute or refleqts
discredit upon th'e .(ndivlductl as a member of the Pollee Department, or that which
Impairs the operation or efflc,lency of the Department or the Individual.
Finding: Sustained
This Incident was reported in November of 2010, but occurred In the summer of 2009.
The Investigation Involves your.use time to assist you with a
personal relationship problem. .
As the.sergeant of our Special Enforcement Team,-time should have been
spent closely focused on supervising his team, rather than with you. .
. .
A more' appropriate response would have been to not Involve an on-duty member of the
De.partment and to avoid contact that weekend.
As this Incident was anonymously reported to the Mayor, It Is' assumed that .others
within the Department have knowledge. I understand that the Information' as reported
Is no,t a factual version of the events.
on Monday, February t'\ we met In my office for the purpose of the mitigation hearing.
During this meeting you provided a memo that you prepared tb assist In the discussion.
Weoboth discussed this incident and how to move forward.
I appreciate that since the beginning, you have accepted responsibility for your actions
and that you understand the seriousness of this Incident.
.
Discipline:
Suspension ":Vithout p a y ~ Twenty-four (24) hours
Your appeal rights are outlined In the City of Renton Civil Service Ru)es.
0 0
I have received a copy of this discipline memorandum.
'
INTERNAL INVESTIGATION
SUMMARY SHEET
Name of Employe
Assigned
Date As.signed -----t---JI;-I-.:..._.;:__--'-'-"'---------\:
.) Due Date 1 /a; 0/ /J
. I
Extension
-------
Review Dates
------
Completion Date Jt/------It
Deputy
PD _Ad'min/M!losevich/COinfo
'
, '
.. .
RECE.fVED
... OONfiDanlAL .': . . .. . . . ls.zfiw .
' .. ' ' ' ' : ' I . ' .. ' '' ' OFFICE'
') J!m hoplng.t.hls letter does upon deaf ears. Th,e It may improve things for the Department l.s my .
motlvatlon. The moral' at Renton P,P lowi you going for YCJU Is the other,wlse
yotl \oyould b,e witnessing the'largest'number. of offlgers lateralllng to departments this city bas .ever seen
'before: .I think there has always been this feeling that personnel is. unaware of the problems
of That:s' never. the. case,, never bee.n the never will be. People tall< no matter how.
. muah they won't. There Is. no. respect for those leading us:. Mi19sevlch,._Ma,rsallsl- and that's
. JUSTth'e top. ,But Isn't that whe.re the leadersh!P is suppos.e to be best? You have .. whb .
-6 sur;ell on duty -.r;nore th'en once. all so hu.sh .. hush; .
everyl:iody And are argry because nothing was done about It. here -they promote yo.u forthat,
or' send y.ou .to traln!ng at Quantico f!pparently. Ask._._ ne wbnt' lie to you about this if you.
.. ask him directly. was a.sked to continue the survelllance'when he didn't
to partlcipate anymore, D,oesdt that .sound somebody who
1
s a little to .A .Deputy Chief
has t.o hls girlfriend, because she's seell'lg guy? A Deputy comp,lete'ly.loses It pt her
. out.lt's true...: in front of a subordinate? .AND Is th$ .our-is contlnul.ng
to r'elatlonshlp-wlth? the craziest one here? Are you serious? Of .wiJy shouldn't
somebody sit 'outside his girlfriend's. house...:.
,,, I"'
' .
. ,,
o '' I I o u " t I
. . . ,, ...
........... "r .. ot":'"'"" 0 I"" I 0 HoO .... O ..
0
01 o ''.'''' .............. oAio 'I' oo t
. '
).
.,
. ' ..
)
NATURE OF COMPLAINT:
On Novrtmber 15, 2010 the Mayor's Office received an Jhe
allegations In this letter state that Deputy Chief -rdered
. conduct surveillance on-. The letter also states
also In this of Deputy Chief-
EMPLOYEE INVOLVED: Deputy Chief-
ALLEGATIONS:
VIolation of General O.rders
26.1.1.11.B' Unbecoming conduct
Members of the Pollee Department shall conduct themselves at all times, both on
and off duty, in such a manner as to reflect most favorably on Department.
Unbecoming conduct shall Include that which brings thf! Department into
disrepute .or reflects discredit upon the lndtvfdual as a member Pollee
Department, or that which Impairs the operation or efficiency of the Department
or the individual.
26:1.1.11.T Abuse of Position
Use of official position or /dentljlcatlon. Members of the Pollee Department shail
not use their official position, official identification cards, or badges for personal
or financial gain; obtaining privileges not otherwise available to them except In
the performance of duty; or avoiding the consequences of Illegal acts.
INVESTIGATION
'
I met briefly with PC Marsallslln the morning. Marsalis! advised me of the' potential .
misconduct involving DC ... the. misconduct lnv'olved-stalklng" his "girlfriend"-
Marsalis received this Information from Cmdr .. . and di'd not have any specific
) infor111ation. When this occurred or If It was on-going was .not known.
)
Currently-sIn Quantico, VA attending the FBI National Academy. -ft In late
September and Is scheduled to complete this training In mid December. I was aware that
returned hom'e on se)Jeral occasions to date.
Dqe to the allegations, I emalled .to obtain any additional information. I did not mention
the purpose to meet with .In my email. I received a response back stating that she was
not scheduled to work today, but she could come In If necessary . stated she was heading .
for the airport to fly to Washlng.ton DC. (I assumed the purpose was to spend the long
weekend with-
1 was notified by the. Mayor's Office to with the Mayor and Jay about a couple of items e1t
1630 hours. At the meeting, I was he1nded e1n orlgln<11 cqpy of an anonymous letter that was
sent to the Mayor's Office that was received by the Mayor's Office on the 15th.
We discussed the contents of the letter, and I mentioned to.the Mayor of the compl.alnt and
email exchange that qccurred the week prior with. !Informed the Me1yor and Jay that,
would look Into the allegations regarding-
11"16-10 1500 hours
1 met In his office at the Transit. Center .. During this Interview, I obtained
the following Information:)
The Incident In question occurred sometime In the summer .of 2009.- believed It
'happened on a Friday night.
-ailed-around 1800 hours and asked if-was In the middle of
something. They agre'ed to meet at Sam's club on
At the visibly upset, was described as
something was going on with
layed Information led him to believe the1t seeing someone else
beside h he was asked to leave the residence for e weekend since a
friend was coming from out of state to visi't. .
.. to! that he wanted him to drive him to In Newcastle to see
who was ere. e mentioned that he did not want to drive his own car since-
would recognize it.
-mentioned that this was a fine line between right and wrong and asked some
clarifying questions. -told-tfiat this was his house; that he has been living
there; and that he has a the privileges to cqme and go as he pleases.
e The two of them drove to-house In Newcastle. The residence looked empty.
-told-to standby while he entered the residence to look for "male" luggage.
Prior to agreeing to, -sked the same clari,fying questions. .
)
-entered the house and returned about 15 minutes later. -was'unsure If the
luggage found was male or female. -sked -fthey could walt to see If
anyone shows up. . .
At about 2100 car arrived at the residence and went into the garage arid
the garage door closed behind. It was unknown who was In the vehicle.
-told-that he wanted to get.out and enter the backyard to see who wasJn
the house.
Agaln
1
- was starting to be concerned about the legality of this Incident. was
assured thatll was free to come and go
1
and that he was living at the residence for
the most part even though he s.hared an apartment with a friend. .
-takes off
1
and-returns about 30 minutes later.-described -as a
'
1
defeated manu. -was able to observe. and a male Companion In the kitchen
drinking wine and observed' them embrace, . .
-and-return to sam
1
s club. A discussion ensued
he wants to go with . -tried to discourage him. -phones-
and the call goes dir.ectly to voice mall. .
he wants to go b'ack
1
and-continues to attempt to discourage this.
he has to go.
grees to back to-residence with -but establishes some' conditions.
Is told to stay outside arid that-Will call 9"1"1 should he see anything out of
. ordinary.
-promised not to do anything stupid
1
and stated
1
"I am going to my to see
mv glrlfrlend/
1
At the resldence
1
Wexits tne car and knocks on the front door .. answers the ..
door and the two of them remain on the fro'nt porch for about 45 minutes.
-and returned to Sam
1
s he would not go
back to ldence. -threateneo-that he notify the graveyard
supervisor. .
feeling uneasy about the situation and was concerned that emotions might
get out of cohtrol.
o Around a who Is assigned
as a graveyard patrol supervisor. thanks for ping- during
this. emotionallssue
1
and th like a beaten man. -was Interviewed
later and does not r.ecall this conversation
o The following day
1
(Satu and left a voice mail asking that
-accompany him to ld not return the phone call.
o Later In the day
1
-called again and left a message that he was at-house
no one was home.
A few days later
1
maybe as much as a week spoke wit
he Informed the Chief of the incident that took place prior.
mentioned that he did.
)
,I
I then asked-who all was aware of this Incident and If anything has happened.ln the last
week or so that would stir thl? up again . stated:
he mentioned In brief to his two OIC's on his worl< group-
that about two weeks ago, he was caHo-car with-and
-remembered mentioning this Incident to them.- assumed
surrounding this Incident were common knowledge. .
In my dlscusslon,-mentloned he originally assisted-as a friend who he thought was
In crisis. -wanted to ensure that the in question was completed without harm to
anyone, During this lncldent,.and.used--department vehicle.
11-17-10 0830 Hours
During my one-on-one, I briefed the M<:Jyor and Jay in regards to the previous day's interview
with.. , .
1730 Hours
!Interviewed-In cmdr Leibman's office. During this Interview, .1 ?btalned the
follo.wlng information:
-remembers to his office aQd sitting down. -mentioned to .
him that he was living ouse; that she may be seeing else; and that
he wanted to contact her but did not want to get Into a confrontation. .
the night off, and the two of them went to Upon location, no
car was observed In the driveway or in the garage,
e' -stated he only went once, and thbught It wad in the evening as he remembers
the time as being during dusk.
d he as a friend to help-
mentioned that he knew that Sgt was aware, and later found out that
also provided similar assistance '
I met with-after an unrelated meeting. During this dlscusslon,.stated:
summer of 2009, her relationship with .. was on o.ff.
o -was in the process of obta}nlng a divorce.
She remembered the night In question like a bad movie. She remembered have a male
guest over and- knocked on the door.
The two of them talked on the porch for what seemed lfke an hour.
)
'
currentlvth.e relationship with -Is ongoing and she has no concerns.
That :he just spend in& some time with-in Washington DC,
12-01-10 Approx 1600
I emalle.dtJirequested a phone. call prior. We spoke at approximately 1600, During this
phone call:
I advlsed.rlefly of the receipt of the anonymous complaint
That we would discuss this Incident when he returned
That I have already spoke with several department members
II stated:
That he remembered the Incident .
That he thought-C?s during part of It
That. willingly participated and asked him several times If he- needed to go,
.first-day back to work was yesterday, however I was off. I notlfled.t 1155 that an
Interview has been scheduled for Wednesday the 5th of January at 0900, stated he was
available. I told . hat this matter Is very serious. II inquired If h.e needed an attorney; 1
told him that I could not answer that. .
1-5-11 0855 Hours
Nancy Carlson and llntervlewedtlin the HR conference room. The lasted
a roxim lysixty minutes, While much of the Interview was consistent with my interviews of
and-in, a areas It not consistent. I d.id not get the feeling that. '
tlg evasive or untruthful; I just think the amount of time that lapsed (18+ months)
resu dIn a differeht level of recall.
1-6-11 1430 Hours
The Mayor, Jay, Nancy and I met to discuss the investigation including. Interview and
potential discipline recommendations. No decisions were made untl.l the 'investigation is
compJeted. I was told by Nancy that the transcription of.ntervlew should be completed
tomorrow.
1-7-11 0925 Hours'
Nancy stopped by and provided the .statement of .Interview from Wednesday.
)
)
'
Aftet reviewing the Investigation and preparing the Findings of Facts, there was an Issue that
was not during the lnvestlgatl?n That Issue was the comment by-that-
had discussed this Incident with me at the time of occurrence,
I recall this of that -had mentioned to me that he was having .
relationship 'issues with. but that the extent of the discussion, ,
1530: I calle:d-o clarify his statement. at the time that-had
brought this matter b!Jt did not ask any other qualifying questions regarding
how much detail me. -ecently brought this
and d him that he only briefed the Chief In general of the status of the relationship
with but no details of this Incident.
0845 Hours
I this Issue with- only briefing me on the status of. the
relationship with-and no specific details of this lnqldent.
FINDINGS OF FACT
1. Deputy Chief-has been with the Renton Police Department for years;
was promoted to Sergeant In 1996; Commander In 2004; and to Deputy Chief in 2007,
2. On November 10; 2010 I was notified Chief Marsalis!. of a complaint of-
'1stalklng11 his girlfriend
3 .. At the time of the Initial camP. was ndiog the FBI National Academy In
VIrginia, and was scheduled to com ete his training In
4. -ted to contact-, but she was en route to Was.hlngton DC to visit
5. on November 15 2010 Mayor Denis Law received an anonymous letter. This letter
alleges ordered- and-to condLICt surveillance on ..
6. llntervi d was told the Incident he was familiar with occurred during
the summer 2009. confirmed
7. -received a phone call from round 1800 hours on a Friday night and
to meet at Sam's Club. (confirm
8. rrlved, was visibly upset and something was going on with
that he thought she was having an affair. (confirmed by-
9. asked him to drive him to-house to see who her visitor was; and that he
did not want to drive his own car. (confirmed by- .
10. Upon questioning by-that-told him that he was living at that residence; he
had a key; and had right to come a go as he pleased, (confirmed
11. Th.at the house looked vacant an red-house to see if he could tell if'
the luggage was male or female. nled that this occurred)
12. That they observed-vehicle drive into the garage and the garage door closed.
13. out of the car to enter the backyard to see (f the guest was male or
femaie. (confirmed .
14. That-while In the back yard observed-In an embrace with an unknown
by-
15. That nted the .door to talk to .(confirmed by-
16. That ld would call should he see anything out of the ordinary.
not recall that)
17. Tha on the door and have a forty.Hfive minute
conversation porch. (confirmed by.. _
18, That at the end ofthls Incident, he was conce future and felt compelled
to supervisor do'es not recall this)
19. That-received a phone the next day from but did not respond.
(confirmed by
20.-rec.alle . miiin to his office
situation lnvolvl
the night off, and went to
observed In the driveway. (confirmed
I supervisor) and discussing this
came to his office on the znd floor)
use. no car was.
22.- stated they re.turned to the city. -tates that. he entered the house to get
his phone charger.) , .
23 . recalls this inclde.nt as occurring In the summer of 2009; that-was in the
cess of filing for a divorce; and that she had a male guest.
Is the hour long conversation on the porch.
calls this incident occurring in the summer of that at the time he was
ln.-residence even though he rented a room from a friend In Lakeridge.
asked to vacate' the reslpence for a weekend, so that a female guest of
could visit. .
27 ecame suspicious, fearing that-ad reconnected with a male acquaintance
. an at their relationship may end.
28.-ad a strong desire to find out the truth; he did not want to go to. the reslaence
by himself; he wanted to avoid any type of confrontation; so he phoned-around
1800 hours in the evening. . .
29.-nd-met at Sam's Club; entered-vehicle and drove to-
house. (conflrmed.by-
30. The two of them waited In the area for about an hour observing a strange car In the
driveway. (not consistent with- ' '
31. A light was observed within the residence, so-entered the back yard to confirm
who the guest was; while In the back yard observed-and a male guest embrace.
(confirmed by- . .
32.-ald he felt to confront. to resolve this Issue. exited tbe
car ana spoke with-on the rch. ( ed by-
33. After the conversation ed to the downtown area;
about ire again the two of them returned to
-residence. called going to the res nee the first time, seeing It vacant
and then returning to Sam's club, followed bya return trip where-spoke with
ld the two of them w,ent back to-house and.,ad a second
conversation.
35. -stated he did not he was on duty; and assumed the vehicle the two .
were In was his assigned department vehicle; and the time of day was
consistent with the later part of-work shift knowing that he works a 'flexible
shift.
36.-recalls being at the station on the next day (Saturday) doing some work, where
he ran Into-on the second floor, -hought they had the discussion on the
first floor) . . . .
37. -aid-volunteered to go with him to-house should he have the need,
38. Later in the evenlng,.asked-to .accompany him to obtain
.his phone charger. , . ,
39, ld that-.was off duty, in aln clothes and the two of them went to
house. T.he house was vacant, red the residence, obtained his ph0ne
charger and left. -did not recal terlng the house)
40, llunderstands the seriousness of this Incident; that it Is embarrassing; and that he
thought he' was doing the right thing by brl"nglng a second person with him-to assist him
In his thought process,
)
POliCE DEPARTMENT
DATE:
TO:
FROM:
.SUBJECT:
M E M 0 'R A N D U ,M
December 2010
- Deputy Chief
Kevin Milosevich, Chlef.of Pollee
Notice of Internal Investigation
C0-0810
In accordance with General Order 52.2.5, I am notifying you that you a,re the subject of
an internal affairs Investigation.
This alleged complaint does' not involve criminal activity.
The alleged complaint does constitute misconduct that would be grounds for
termination, suspension, or other disciplinary action.
The alleged complaint If proven, may affect your ability for continued
employment with the Department.
I am in of the Investigation.
I will be conducting the Interview with the assistance of HR Ac;lministrator Nancy
Carlson.
Allegations: VIolation of General Orders 26.1.:t.II.B- Unbecoming Conduct, and
26.1.1.11.T- Abuse of Positron
You will be afforded all protections under State law,' Civil Service, and City Polley and
Procedures.
I have scheduled the. Interview for Wednesday, January 5, 2Q11 at 0900 hours. The
. location of the interview Is the HR conference room on the 1st floor.
If you have any questions or concerns, please let me l<now,
)
)
RENTON POLICE DEPARTMENT
INTERNAL AFFAIRS
ACCUSED OFFICER ADMONITION
9omplaint Numbel"
Today's date is S 5, 'J-.b I \ at I am
_u+- _____ interviewing
regarding a complaint of V1 0 o D. l
B-<!.o
1
/vtJOW.,'I'
, ...... vt<uu. to. have occurred;Jr.f 5 U m M -at-of-d-!x; hours,
'-7'-----+---------'--- , do you that this conversation is being
No)
---'----,L--'---J--- , do you wish to have " 1 Representative present
interview? (Yes
. Let the record reflect that is present. Please
presence by stating your name, (Stating of Name)
______ , prior to this interview,, were you given the opp01tunity to
vv"' .... fJ ... '"''" .... of this incident? (Yes-or-No) Were you given an opportunity to consult with
AtW,F\QP."I1h1ihm prior to this interview? (Yes or No)
_____ , I wish to advise you that you are being questioned as part of
an official of the Renton Police Department. You will b.e asked. questions specifically
directed and narrowly related to the performance of your official duties or fitness for office.
You are reminded that Section 26.1 "Insubordination'' and "Truthfulness" of the Renton Police
Department General Orders do apply in this matter and that you must truthfully respond. Any
refusal to respond may res11;lt in disciplinary action as outlined in General Orders Section 26.1.
You are entitled to all the rights and privileges guaranteed by law and the Constitution of the
United States, including the right not to be compelled to incriminate yourself.
, .
I f1lrther wish to advise you that if you. refuse to testify or answer questions relating to the
performance of your official duties or fitness for duty, you will be subject to departmental
charges which could result in your dismissal from the Renton Police Department.
If you do answer, neither your statements nor any information or evidence which is gained by
reason of such statements can be used against you in any subsequent criminal proceeding.
""''"'Rl' these statements ;may be used against you in relation to subsequent departmental charges,
. . .
- '
1
:1 Representative
PD_Admin!Milosevioh/COForms
)
...
I<M:
CONFIDENTIAL
I ,
,
. r L
1
J..H L
INVESTIGATIVE INTERVIEW
Today's date is January 5, 2011, at zero eight 55, hours. I am Kevin .Milosevich here
Interviewing Deputy Chief-regarding the complaint of violation of General
Orders under Chapter 26, Unbecoming Conduct and Abuse of Position, which Is alleged to
have occurred In the summer of 2009 . do you understand that this conversation Is
being .
Yes.
I<M: II; do you wish to have a representative present during this Interview?
-No,
. .
I<M: Let the record also reflect that Nancy Carlson is also present, the'HR Adm1nlstratorfor tne
City of Renton. Please acknowledge your presence.
NC: . Nancy Carlson, HR Administrator ofthe City of Renton.
I<M: IIIII prior to this itJtervlew, were you given the.opportunity to read the of this
incident? .
) Yes,
I<M: Were you given an opportunity' to consult with your representative prior to this Interview?
Yes,
I<M: .I wish to advise you that you are being .questioned as part of an official investigation
of the Renton Pollee Department. You will be asked questions specifically directed and
narrowly related to your performance of your official duties for fitness for office. You are
reminded that Section 26.1, Insubordination and Truthfulness, Renton Police Department
General Orders do apply In this matter an<.l that you must truthfully respond. Any refusal
to respond may' result In disciplinary action as outlined in General Order Section 26.1, You
are entitled to all the rights and privileges guaranteed by the law and the Constitution of
the United StatFls
1
Including the right not to be compelled to incriminate yourself. I further
wish to advise you. that If you refuse to testify or answer questions relating to. the
'performance of your qfficlal autles or fitness for duty, you will be subject to departmental
charges which could result In your dismissal from the Renton Police Department. If you do
answer, neither your statements nor any Information or evidence whlc.h is gained by
. [reading (Inaudible)] of such statements can be used against you at any subsequent
criminal proceeding. However, these statements may be us.ed against you In relation to
subsequent departmental charges.
)
Interview
Jan. s, 2011
p.2
CON Fl DENTIAL
) CoLJid I get your, your signature there?
I<M: 01<, you have had an opportunity to read the cqmplalnt?
Ye?.
I<M: 'I'm sure yo41<now what this Is about.and I believe this happened in the, we think the
summer of 2009?
Yes.
I<M: If you could just from the beginning, explain the circumstances to the best that you can
remember.
It was the summer of 2009, I believe it was August. It was a, I believe it was a Friday
evening. I ( ... [Inaudible] make this make sense . and I had been dating
for ... gotta think, how'long, probably a couple years? Things were going pretty good. I was
basically living at her house. I would park In the garage and have clothes there and eat
meals there and we'd hang out together and this, this is a place that I considered home.
'
And the week, probably two weeks prior to this, this event, that the letter alludes to, we
had taken a trip to New York and we had a great time, And she talked during that period
. with me about wanting to kriow where .we were going In our relationship and whether this
was something we.want to continue. She was on the fence about whether she may want
' .
to seeing .other people, and so that kind of planted a seed in my head that sotfething
wasn't, w.asn't [working] [inaudible]. And probably a week and a half or so after returning
frpm that trip, in the work week
1
s,he had mentioned that a friend of hers/ a female
friend from I think Tacoma or Olympia was going to up for the weekend, and she
'said we're just going to do girl stuff and hang and go to dinner another friend of
mine Is coming over and we're just going to ha.ve a glrls
1
weekend, so If you don
1
t mind,
you know just kind of not be around for the weekend. I said all r.ight
1
yes
1
so that\ that's
'cool, I don't, you know If you want me to just stay 'away and come back late at night, she
goes well you know we
1
.re just going to do girl stuff
1
and I'm like all right, but, but probably
the suspicious cop sixth sense part of me said somethlng
1
s not right. And so later In the
week after Thursday or Friday came along and that the plan to have her friend come up
was still on and
1
and so I think we went to lunch that Friday and
1
it was, you know ... she
was going. to have this girl's weekend but it just didn't feel right, some of .... I have to
apologize It was year and half ago, I don't remember exactly what was sald.ln' the
conversation, but there was something about the way she was talking and saying things
. J
. )
-- J
)
Interview
Jan,5,201-1
p.3
CONFIDENTIAL
that It just didn't match up, And, so Friday after work been bugging the heck out of me and
I'm like; I, I think, I think she's seeing somebody else. And, without go\ng Into a lot of
detail, she had reconnected online with a friend of hers from college a month or two
or three, And so that was my best guess that there was anybody else, it was
probably this other guy from out of state.
So I had this .... all week, all week leading up to that Friday I had this terrible
feeling In my head that something wasn't right, that she wasn't being upfront with me,
that there was probably a guy coming Into town, And yet as I mentioned earlier, you know
I was basically living there, I mean I stayed there every night that week that I can recall,
and, then Friday came along and I just felt like something was going on and I didn't want
to, I didn't want to do anything stupid, I didn't want to get Into a big confrontation if there
was something going on up there, I didn't want to .... lf there truly was another guy there i
. didn't want to get Into some big physical thing, i mean that's, It's just not worth it, but I
still felt like I needed to, I needed some confirmation one way or another that either she's
telling the truth that a girlfriend coming to town, or, or my worst fe.ar is that there
be a guy there. And I didn't want to go up there by 'myself, so I, I called-and
It's probably six o'clock In the evening Is my recollection, I told .him I was kind of In dire
straits and I kind of explained what my fears were and so he, he agreed to come talk to
we just talked on the phone for a few minutes and then he said Well where are you, I
think and .... l'm filling the blanks and paraphrasing now because I don't know exactly
what we said on the phone and all that, but anyway he came and met vylth me and we
talked for a while and he said, Well what do' you want to do, and I said Well, I just want to
confirm, or confirm one way or another, that It's a girl up there, or it's a guy, And he goes,
Well how you going to do that. And I said Well she lives in a cui de sac. I'm thinking, you
know, she was talking that maybe they were going to go out to dinner, I'm thinking we
could just go up there and sit outside the house, that .... that they're going to leave and go
to dinner and I'd be a91e to.know one way or the other.
And.so we went up there up In and we sat outside the house for probably an
hour, I think, something like that, and there was this strange car In the and, and
-and I w there w'as really no, I'd say there's .... other than car in the driveway there was
no .... no activity in the house .... there was nobody co.ming and going, nothing, and. so I'm
t)11nklng this Is crazy just sitting here, I should just go up and knock on the door, I have a
key, you know It's basically my house too, you \<ndw. And .talked me through that,
you don't want to get In a conversation, you don't want to just barge In, think about what
)
I
)
Interview
Jan. s, 2011
p. 4 '
CONFIDENTIAL
you're doing, you know,. you want to do anything that's g'olng to harm you or-
or; you know, embarrass either one of you or cause you any big problems, arid I said I
agree, I don't. And so while we're talking about this, a light, I could see a light go on in the
housE! and then go off again and there's the first sign that any body's even home, and so
I'm thinking that maybe whoever was there was.golng to leave, we waited a while longer
and nothing happened. I'm like, I gotta find out what's going on, this is. driving me crazy.
And so I got out of the car, I walked up, walked up to the house and w.ent through the gate
alongside the house Into the backyard, and went in far enough where I cou[d see into the,
just into the kitchen and I could see that she was there, and there was a guy there, and so
my worst fears were confirmed or realized. And I just kind of stood there for a minute. I
wasn't close to where, obviously to where she could see because she didn't
come outside or but I was, I was floored and If I thought I was distraught when I
. first called afternoon, now I was really bummed out, completely. Just can't
believe this Is happening. And so stood there for maybe, I don't know, a n;lnute, and
besides seeing the guy there, then I saw him kiss her, and l .... my, my heart sunk, you know
I just,.! can .... l guess we're done ..... l.. .. so I went back out In the yard and went back to-
and told him what I saw and he says What do you want to do, and I said, I don't know, I
don't know what to do, my, my worst fear has been confirmed .... she lied to me about,
you know, a friend, a girlfriet")d 'coming to town .... and I just felt like crap. 'So we for
a little while longer about what the best course of action, should we just leave, and I said I
can't. .. ! can't. .. I don't want. .. ! don:t want our rl'!lationshlp to end, I don't want It to stop.
And he says well, he I don't know what you want to do, and so about that time we're
sitting In the car ... elther the garage door open'ed or the'front door bpened, I couldn't tell
you which, arid this guy an d.-came outside to this .car, this stn;1nge car, got a bag ,
like a duffle bag .out of the car and back ln. And It was .apparent to me that now he's
gonna stay, he was gonna spend the night and so the last thing I wanted to do was- I .
didn't want him to stay In, In the house and share a bedroom that I shared with her. And
so I told-1 gotta
1
I gotta go knock on the door, I'm not gonna barge In but I've gotta
knock on the door and I've gotta let her know I know, I've gotta try to convince her to tell
h!m to go home or leave or go to a motel or something but I've gotta do something to
save this relationship because I really thought had a shot, I really did. So I went up to
the door and knocked on the door and she came to the door, and of course was very
surpHsed, she was not mad but she, I think she was, we've talked about It since and that
she was embarrassed. She ... without going into a lot of detail about what she felt, she and I
had our conversation on the front doorstep for probably a half hour, 45 minutes
something like that, we just, just talked about, you know I can't believe he's here, I can't
believe he's in your house, a house that we share, this Is crazy you know/ we're, you know
)
Interview
Jan. 5, 201'1
p. 5
CONFIDENTIAL
you didn't give me any indication that'you thought we were done, that you wanted to do,
move on/ he needs to'leave
1
you know ask him to leave, ask him to get a hotel
1
ask him to
go back wherever he came from/ whatever
1
that kind ofthlng
1
that went on for about a
half hour. Nothing 'physlcal
1
no shouting
1
just conversation. And ..... and you know she said
she wanted him to stay. She said she wasn
1
t going to ask him to leave. And so.Vrn 'even
more bummed out now, and I said You have to, you know we have some things to work
out/ y.ou can't
1
you can
1
t still have us hanging,out here in a relationship and ... and undercut
with this guy basically, and ... and she was .... she was conslstent
1
sh.e .was adamant that she
wanted him to stay but'she ... she said i
1
ll sleep In the back bedroom and he can sleep
in the other room or vice versa I can't even remember .... that they were going to sleep in
rate beds, lie was going to be in town for the and they had plans to go do
some things the next day
1
I think they were going to go to a concert or something, I don't .
remember, but basically her answer was No
1
he's stav.ing .. And wasn't getting anywhere,
and she said, let's get together on Sunday and talk. Which was, this was like I saY on
Friday night so that would be a day and a half later that we're going to get together and
talk. And so I left. So I got in the carwlth.and we left I was explaining to-
on the way back here downtown what happened
1
and we talked through It agaln.and I
don
1
t remember who brought It up
1
but you know the was .if It were my wife or
girlfriend and they had somebody from the opposite sex at the house and were to
stay in the house
1
he said I don
1
t think I would be able to sleep that night, I don't think I
would be able to
1
It would.be driving me crazy whafs going on, that's kind of the
discussion we had. And Vm thinking yeah
1
yeah I don't know what else to d9. I mean Vve
tried to convince her to tell him to leave and she won
1
t. And so In that discussion about Ws
going to drive you crazy not knowing what
1
s going on and your worst fear Is that they
1
re
going to sleep together and 1
1
m like .... ! don't want that to happen and so-and I talked
.about It and l'm .... and maybe he may have suggested it or I did but life agreed we
1
re going
to go back up there. So we .went back up there, knocke.d on the door agaln
1
she opened
the door, she came out
1
we 'had another discussion for pr9bably half an hour. I couldn't
tell you exactly.
kind ?fa long time ago. But the same tough c<;>nversation, how you
gotta ask him to leave, you gotta tell him to leave
1
this is crazy, this is, you know this .is a
house
1
and a bedroom and a bed that we share and he
1
s here and this Is crap' and again/
we can
1
t do this, we need to work some things out. I really wanted to save the .
relationship, and I think she did too, I think she felt embarrassed and bad about what ,.
happened. And so we had another discussion, same result,