451 Diamond Drive Ephrata, WA 98823 (608) 754-2027- FAX (608) 754-3406 + TOLL FREE 1-800-407-2027 PRE-LITIGATION PROGRAM Jenny Gunderson, Director John Young, Investigator P.J. De Benedetti, Consultant Alan Key, Investigator ‘Monte Redal, Consultantinvestigator Marc Barger, investigator Ray Tolcacher, Consultant David Helvey, Investigator Andrea Callaghan, Admin Assistant Chad Hoff, investigator Marv Scott, Investigator November 12, 2018 Mr. Todd Vanek City of Colfax Mayor 400 North Mill Street Colfax, Washington 99111 Re: Police Chief Rick McNannay Mayor Vanek: ‘As you requested, | investigated concerns that Colfax Police Chief Rick McNannay has hired several police officers to work for the City without conducting the required background check, psychological examination, and polygraph examination. This letter summarizes the steps taken in my investigation, the allegations of misconduct, and the facts gathered in the course of my investigation, A. Summary of Allegations. * Allegation 1: Chief McNannay hired Joseph Handley to work as a part-time police officer for the City of Colfax without conducting a background investigation, including a check of criminal history, a psychological examination, and a polygraph examination as required per RCW 43,101.095 and in accordance with Chapter 139-07 WAC. * Allegation 2: Chief McNannay hired Steven Perez to work as a part-time police Officer for the City of Colfax without conducting a background investigation, including a check of criminal history, a psychological examination, and a polygraph examination as required per RCW 43.101.095 and in accordance with Chapter 139-07 WAC. * Allegation 3: Chief McNannay hired Jacob Spitzer to work as a part-time police Officer for the City of Colfax from January of 2016 until April of 2016, without conducting a background investigation, including a check of criminal history, a psychological examination, and a polygraph examination as required per RCW 43.101.095 and in accordance with Chapter 139-07 WAC.Allegation 4: Chief McNannay hired Shane Emerson to work as a part-time police Officer for the City of Colfax without conducting a background investigation, including a check of criminal history, a psychological examination, and a polygraph examination as required per RCW 43.101.095 and in accordance with Chapter 139-07 WAC: The Investigation. In the course of my investigation, | reviewed the following documents: + Notice of Peace Officer Hire form for Joseph Handley dated November 30, 2016. + Notice of Peace Officer Hire form for Joseph Handley dated December 7, 2016. + Notice of Peace Officer Hire form for Steven Perez dated December 7, 2016. + Notice of Peace Officer Separation form for Steven Perez May 18, 2017. + Notice of Peace Officer Hire form for Jacob Spitzer dated January 22, 2016. + Notice of Peace Officer Separation form for Jacob Spitzer dated June 1, 2016. * Chapter 139-07 WAC Conditions of Employment. = RCW 43.101.095 Peace Officer Certification. * RCW 41.12.050 and RCW 41.12.090 (Documents related to Civil Service presented by Chief McNannay.) + An email dated December 6, 2016, between Chief McNannay and Tisha Jones, Peace Officer Certification Manager at The Criminal Justice Training Commission = An email dated December 5, 2016, between Chief McNannay and Tisha Jones. + Emails between Lynda Kramlich at Colfax and Tisha Jones. + Joseph Handley’s personnel file. * Steven Perez's personnel file * Shane Emerson's personnel file. + Jacob Spitzer's personnel file. In the course of my investigation, | communicated with the following individuals: c. * Chris Mathis Interim City Administrator. * RickMcNannay Police Chicf * Joseph Handley Police Officer * Shane Emerson Police Officer * Steven Perez Police Officer Findings: Chris Mathis, Interim City Administrator: Ms. Mathis told me that on October 16, 2018, Chief McNannay told her and the Mayor that he did not require Joseph Handley or Shane Emerson to submit to a psychological examination or polygraph testing, because he had gotten a pass as they were grandfathered in by the Criminal Justice Training Commission. Tisha Jones wrote an email to Chief McNannay, dated December 5, 2016, asking for clarification as to whether Joseph Handley was a City of Colfax employee or whether he Page |2was a Palouse employee. She clearly indicated that if Mr. Handley was a part-time Colfax employee, Chief McNannay was required to conduct his own “poly/ psych/ background (with finger prints)." In a December 6, 2018 email, Ms. Jones wrote, “Unfortunately, it isn't a "new" mandate. It has been in effect since 2005; we (CJTC Staff) were under the impression all agencies were conducting this testing for their “new, returning, lateral officers, whether part/ full time.” Chief McNannay responded: Thank you. | appreciate you taking time to reply. And, yes this is a real, and in most cases unnecessary hardship for small agencies that [rely] on officers from nearby jurisdictions to help with their staffing shortages. | would like to be part of, or at least have input, to get this reversed or modified to exclude officers that are currently employed full time at another agency. | understand requiring it of officers that are not currently employed as a peace officer but not for fully commissioned full time officers. Allegation 1: Chief McNannay hired Joseph Handley to work as a part-time police officer for the City of Colfax without conducting a background investigation, including a check of criminal history, a psychological examination, and a polygraph examination as required per RCW 43.101.095 and in accordance with Chapter 139-07 WAC. Joseph Handley told me he has been employed as a full-time police office for Palouse since May of 2015. He explained that when he was hired by Palouse, he was subjected to background testing that included psychological and polygraph examinations. He told me he began working part-time for the City of Colfax in September 2016. Officer Handley said soon after he began working with Colfax, Chief McNannay asked him for the dates that Palouse had administered the required psychological and polygraph background testing. He said the Chief told him that CJTC had authorized a waiver or exception that would allow Colfax to utilize the pre-employment background testing Palouse had conducted on April 30, 2015. Officer Handley told me that during his employment with the Colfax Police Department, he was not subjected to psychological or polygraph testing by the City of Colfax. He said soon after he was hired by Union Town, he contacted Tisha Jones, the peace officer certification manager at CJTC, because Chief McNannay told him he got an exception from the testing for Officer Handley to work at Colfax. He told me he wanted to get the same exemption to work at Union Town, but he was denied. He indicated that Ms. Jones told him he had to do his psychological and polygraph testing for Union Town. He told me that after he informed Ms. Jones that his employment with Union Town was only part-time, she agreed to allow him two months to get the testing completed. He reported that in June or July of 2018, he was subjected to a full background investigation, psychological testing, and a polygraph test by the City of Union Town. Chief McNannay told me he did not recall whether he conducted a pre-employment background investigation, a psychological evaluation, or a polygraph test on Officer Handley before he was hired by the City of Colfax. He denied that he told Officer Handley that the City had been given a waiver by CJTC. He indicated he had loosely used the term “grandfathered,” because he and Ms. Jones had discussed that process. Page | 3