By Jim Cline and Sam Hagshenas
In Town of Steilacoom v. Teamsters Local 117, the PERC Arbitrator ruled that the Town of Steilacoom had just cause to terminate an officer with 32 years of service due to his mishandling of and subsequent false statements about two securing two wheelbarrows of firearms. The Arbitrator reasoned that the officer’s untruthfulness, disregard of policies and orders, and inability to acknowledge wrongdoing justified his termination.
The incident in question stemmed from a welfare check, where the officer found an injured man lying on the ground in front of a dilapidated house. After the man was taken to the hospital, the officer secured the man’s dog, and asked the man’s neighbor, who was the officer’s friend, to secure the house by screwing the door frame shut. Later in the day, the officer returned and with the help of the neighbor transported two wheelbarrows of firearms from the man’s house to the neighbor’s gun safe. This was with alleged verbal consent from the injured man now in the hospital, but there is no record of this specific call, and the man was in critical condition at the time. No background check was conducted on this neighbor who was now storing the firearms, and no formal police report or documentation of the weapons was completed.
The police chief received various complaints regarding the incident and initiated an investigation, during which he instructed the officer not to discuss the matter with anyone not allowed by law. Despite this, the officer told the injured man’s neighbor, estranged wife, and sister that he was under investigation. Following the investigation, the police chief issued a Loudermill notice and proposed various disciplinary sanctions, which included termination.
The Union argued that the officer lacked enough time to prepare for investigatory interviews, and that the lack of an official report filed by the officer about the incident hampered him in responding to questions as his responses were “jumbled.” The Union also argued that the officer’s 32-year distinguished tenure and overworked condition at the time of the incident should be mitigating factors when imposing discipline.
The Arbitrator noted the officer’s distinguished tenure but asserted that the officer’s lack of acknowledgement of wrongdoing regarding his disregard for department policy and orders impeached his credibility in the workplace. The Arbitrator found that the officer acted emotionally and disregarded his police training and should have focused on his duties before he could extend himself as a “nice neighbor.” The Arbitrator noted these actions not only caused a serious breach of trust in the workplace, but also among the community.
“Reinstatement of the Grievant creates a situation where community members would lack confidence that all police officers in the Steilacoom Public Safety Department could be counted on to be thorough, truthful, and accountable in their work.”
The Arbitrator found that based on the weight of the evidence that the employer conducted a fair investigation, and that there was just cause for termination.
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