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Exhibit 7 - Grave Markers Incident: Review of Counseling Concern (to Chadwick From Parks)

Exhibit 7 - Grave Markers Incident: Review of Counseling Concern (to Chadwick From Parks)

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Published by PRMurphy
May 12th, 2011: Marine Drive Grave Markers Incident:

A better title for this would be: How to make something innocent and innocuous appear to be something devious and nefarious so the boss will like us more for spanking one of the people on his sh*t list.

This memo refers to a very simple matter really. I had received a tip from an informant, while off-duty, that a certain 1800 block of Marine Drive resident was actively in progress of digging up and destroying what appeared to be old grave markers from a long forgotten cemetery that he had found while clearing his old property.

Background: This area of Marine Drive is very old Lummi Indian reservation property that is still in dispute due to changes over time in the path of Nooksack River estuary, which causes additional concerns about the nature of the reported tip.

Long story short, I couldn't sit on this information obviously, as it was in-progress, so I tried to refer it to a more appropriate state agency that deals specifically with such matters without success. Try reaching a state agency for anything in a hurry and you'll see what I mean.

So I called the only other entity I could think of that should have an interest, Whatcom County Code Enforcement. The code enforcement officer decided to go out there right away and I made calls to the patrol duty sergeant trying to arrange a cover unit for her so she wouldn't be out there alone.

As fate would have it, the duty sergeant was not available and couldn't be reached, nor could anyone from the office after hours and my messages through 911 weren't being answered, so now what?

I did the next best reasonable thing that I could and grabbed my police radio, threw on my plainclothes rig (concealed off-duty holster), hopped in my personal car and went out there to meet code enforcement so she wouldn't be in that area alone.

A quick stop work order was placed on that location and it was placed on hold for a better look when the state agency responsible could respond. The matter was quickly taken care of and we were out again in a very short time.

That was the end of it, or so I thought, until I went back to work the next work day. Hoo boy, You'd think that I was single-handedly responsible for a major act of espionage or something by the admin's responses.

The real oddity of this incident to me was that everyone was riled up like a hornets nest about an overtime slip code enforcement had submitted, but not one person gave one rip about the old cemetery that was being dug up.

A beautiful statement in this memo: In addition the Sheriff has received prior notice from the Deputy Sheriff’s Guild that violations of the FLSA are “likely to result in grievance or federal suit”.

I love this line too: "We have no discretion in this matter as it is a clearly settled area of law as pointed out by the bargaining unit that represents Deputy Murphy."

Side note 1: You'll notice that aside from the reference to 'Planning and Development,' there is no information about what took place or why. They had something else in mind apparently. That's also likely why i was not asked to submit a memo about what occurred.
Side note 2: I believe Kevin Mede was the patrol shift sergeant that day. I left at least two voicemails that I recall and he never did call me back.
May 12th, 2011: Marine Drive Grave Markers Incident:

A better title for this would be: How to make something innocent and innocuous appear to be something devious and nefarious so the boss will like us more for spanking one of the people on his sh*t list.

This memo refers to a very simple matter really. I had received a tip from an informant, while off-duty, that a certain 1800 block of Marine Drive resident was actively in progress of digging up and destroying what appeared to be old grave markers from a long forgotten cemetery that he had found while clearing his old property.

Background: This area of Marine Drive is very old Lummi Indian reservation property that is still in dispute due to changes over time in the path of Nooksack River estuary, which causes additional concerns about the nature of the reported tip.

Long story short, I couldn't sit on this information obviously, as it was in-progress, so I tried to refer it to a more appropriate state agency that deals specifically with such matters without success. Try reaching a state agency for anything in a hurry and you'll see what I mean.

So I called the only other entity I could think of that should have an interest, Whatcom County Code Enforcement. The code enforcement officer decided to go out there right away and I made calls to the patrol duty sergeant trying to arrange a cover unit for her so she wouldn't be out there alone.

As fate would have it, the duty sergeant was not available and couldn't be reached, nor could anyone from the office after hours and my messages through 911 weren't being answered, so now what?

I did the next best reasonable thing that I could and grabbed my police radio, threw on my plainclothes rig (concealed off-duty holster), hopped in my personal car and went out there to meet code enforcement so she wouldn't be in that area alone.

A quick stop work order was placed on that location and it was placed on hold for a better look when the state agency responsible could respond. The matter was quickly taken care of and we were out again in a very short time.

That was the end of it, or so I thought, until I went back to work the next work day. Hoo boy, You'd think that I was single-handedly responsible for a major act of espionage or something by the admin's responses.

The real oddity of this incident to me was that everyone was riled up like a hornets nest about an overtime slip code enforcement had submitted, but not one person gave one rip about the old cemetery that was being dug up.

A beautiful statement in this memo: In addition the Sheriff has received prior notice from the Deputy Sheriff’s Guild that violations of the FLSA are “likely to result in grievance or federal suit”.

I love this line too: "We have no discretion in this matter as it is a clearly settled area of law as pointed out by the bargaining unit that represents Deputy Murphy."

Side note 1: You'll notice that aside from the reference to 'Planning and Development,' there is no information about what took place or why. They had something else in mind apparently. That's also likely why i was not asked to submit a memo about what occurred.
Side note 2: I believe Kevin Mede was the patrol shift sergeant that day. I left at least two voicemails that I recall and he never did call me back.

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Published by: PRMurphy on Apr 09, 2014
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04/11/2014

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WHATCOM COUNTY SHERIFF’S OFFICE

Memorandum TO: FROM: DATE: SUBJECT: Chief Criminal Deputy Chadwick Undersheriff Jeff Parks 5/12/2011 Review of counseling concern

Regarding the administrative review that you forwarded concerning the actions of Deputy Murphy on or about the weekend of April 30, 2011, I find that there are several aspects of serious concern. I concur that you should further discuss the incident with and counsel Deputy Murphy regarding his decision-making and communications with Planning and Development personnel. In addition the Sheriff has received prior notice from the Deputy Sheriff’s Guild that violations of the FLSA are “likely to result in grievance or federal suit”. You are to also specifically order Deputy Murphy that he is not to conduct official business of the Sheriff’s Office, and is not to conduct nor participate in any investigation under authority of his commission, on off duty time. If he is in a situation where action is necessary he is to obtain proper authorization to work and is required to submit the appropriate claim for the time worked. If he is in a situation where immediate action is necessary to protect life or property from imminent threat he is to follow the established procedures of the Sheriff’s Office. We have no discretion in this matter as it is a clearly settled area of law as pointed out by the bargaining unit that represents Deputy Murphy.

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