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NEWS | POLICE
Far From Over The city’s tentative agreement with the police guild is now public, and it’s only escalating the fight over Spokane’s police ombudsman Council President Ben Stuckart: “The city did a horrible job negotiating.” YOUNG KWAK PHOTO
BY HEIDI GROOVER
A
fter nearly two years of negotiations, made the agreement, the City is asking for things word came from City Hall last week that that the City had removed from the table to get a tentative agreement had been reached the TA done.” between the Spokane Police Guild and Mayor Among a list of concerns, McClure writes David Condon’s bargaining team. that the role of the ombudsman commission is “TENTATIVE POLICE CONTRACT being expanded beyond what the parties agreed STRENGTHENS OVERSIGHT,” announced a to in negotiations and that the guild opposes city press release Friday. granting the ombudsman “non-disciplinary” Whether oversight has actually been investigative authority. Because state law requires strengthened is now a matter of debate. employers to bargain for things that affect disci“The city did a horrible job negotiating the pline of employees, the guild has argued that any TA [tentative agreement],” says Council President expansion in powers for the ombudsman must be Ben Stuckart. “The TA alone … just doesn’t bargained for in contract negotiations. meet what the voters wanted, what everybody’s For its part, the city made the same argument been working toward for five goddamn years. … last month when Councilman Steve Salvatori inIf we approve that agreement, we’re done for.” troduced an ordinance that would have empowCondon, who had campaigned on expanded ered the ombudsman outside of the bargaining authority for Spokane’s police ombudsman, said process. The city had hired a Seattle-based law Friday that the agreement was a step in the right firm, which concluded that investigative powers direction. The agreement states that both sides for the ombudsman must be negotiated and not believe it meets the requirements of Proposition done through ordinance to avoid an unfair labor 1, which voters overwhelmingly passed earlier practice complaint from the guild. this year to make the ombudsman “totally inde“Even if it’s something they had to negotipendent” according to the City Charter. ate for, why didn’t they?” asks Rick Eichstaedt, But in the proposed police contract, the executive director of the Center for Justice. ombudsman would still lack authority to open City spokesman Brian Coddington says the his own investigations. In fact, language changes confidentiality agreement that kept the negotiafrom the previous contract are few. As under tions secret limits the administration’s ability to the current contract, the ombudsman would be disclose what was or wasn’t “on the table” during limited to observing and asking questions during negotiations. But he and the mayor say the agreeinternal affairs investigations. In one subment’s creation of a new commission stantial change, the agreement establishes appointed by the city council and a commission to have the final say in mayor significantly increases indepenSend comments to cases where the ombudsman and police dence. editor@inlander.com. chief disagree on whether an internal af“It’s our position that we have fairs investigation was satisfactory. fulfilled the City Charter with the In light of what wasn’t included in the agreeTA,” Coddington says. ment, the mayor and councilmembers touted a Ombudsman Tim Burns says the ability to forthcoming ordinance intended to flesh out the complete investigations outside the department is powers of the ombudsman and the commission critical to community perception and trust. Burns and fill in any gaps. says he interprets the language added to the charBut now hopes for that supplemental orditer by Proposition 1 to mean the authority for his nance appear to be losing ground. office to be able to open its own investigations, “There are issues raised in the Ordinance and he’s still “cautiously optimistic” the city will that appear to me to fall under the category of get there somehow. proposals that the City had on the table but that “I think the community has made really clear were not included in the TA,” guild lawyer Hillthere are some things you can’t compromise on,” ary McClure wrote in an email to an assistant Burns says. “I would suggest independent investicity attorney last week. “As a result we are in the gative authority is one of those things.” n difficult position that it feels like as soon as we heidig@inlander.com
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18 INLANDER november 7, 2013