1 2 3 4 5 6 7 8 9 10 CITY OF MEDINA, a municipal corporation, and DONNA HANSON, its City Manager, Petitioners, NO.

KING COUNTY, WASHINGTON

FILED

MAR 19 2012
DEPARTMENT OF JUDICIAL ADMINISTRATION

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING

&2-2-09043-28

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v.
KING COUNTY, a political subdivision, SUE RAHR, King County Sheriff, and SHAWN WHITNEY, Respondents.

DECLARATION OF JEFFREY S. MYERS IN SUPPORT OF CITY OF MEDINA'S MOTION FOR TEMPORARY RESTRAINING ORDER

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Jeffrey S. Myers, under penalty of perjury, states as follows:
1. I am one of the attorneys representing the City of Medina (the "City"). I am competent to

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testify and make this declaration based upon my personal knowledge. 2. Attached to this Declaration as Exhibit A is a true and correct copy of a letter that Patty Shellady, an attorney for the King County Sheriff, sent to me regarding the public record act request made to the King County Sheriff by Shawn Whitney. 3. Attached to this Declaration is a true and correct copy of the Declaration of Donna Hanson filed and on record in Chen v. City of Medina, King County Case No. 11-2-26960-4.

LA W, LYMAN, DANIEL, KAMERRER & BOGDANOVlCH, P. S.

DECLARATION OF JEFFREY S. MYERS -

No.

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ATTORNEYSATLAW 2674 R. w. JOHNSON RD. TUMWATER, WA 98512 1'.0. BOX 118BO OLYMPIA, WASWNGTON 9850B-1880 (360) 754-3480 FAX.. (360) 357-351]

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4. Attached to this Declaration is a true and correct copy of the Declaration of Michael Bolasina filed and on record in Chen v. City of Medina, King County Case No. 11-2-26960-4. 5. Attached to this Declaration is a true and correct copy of the Order from Judge Canova, filed and on record in Chen v. City of Medina, King County Case No. 11-2-26960-4. 6. On Friday March 16,2011, I was presenting a seminar in Spokane when I learned that King County may be in possession of work product generated by the City's attorney, Michael Bolasina. I had previously had several phone calls with the legal counsel for the King County Sheriff, Patty Shellady to attempt to determine what documents the County had, but was informed that its search was incomplete. I flew back from Spokane and arrived in Seattle at approximately 2:30 p.m., At 2:58 p.m. I telephoned Greg Overstreet, who is Ms. Whitney's attorney. I informed him that I would be seeking a TRO and was trying to get to King County Superior Court. I told him that the moving papers were being prepared and that I would suggest that the Court could call him on his office or cell phone when the motion was being considered. I also agreed to e-mail copies of the pleadings to him when completed

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and did so. Unfortunately, I arrived at the court at approximately 4:20 and learned that the ex parte department was closed and no other judge was available. 7. On Saturday, March 17, 2012, Mr. Overstreet and I exchanged e-mails in which he acknowledged receipt of my e-mail sending him MS Word copies of the moving papers. I informed him that we would be seeking the TRO on Monday, March 19, 2012 when the ex parte department opened at 9:00. I also agreed to send him .pdf copies of the signed pleadings, which I did on Sunday, March 18,2012.

LA W, LYMAN, DANIEL, KAMERRER & BOGDANOVICH,

P,S,

No.

DECLARATION

OF JEFFREY S. MYERS -

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2674 n. W JOHNSON RP. 1T!MWATER, WA 98512 P.O. BOX 11880 OLYMPIA. WASHlNGTON98508-1880 (360) 754-3480 FAX: (360) 357-3511

ATTORNEYS AT LAW

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I make this declaration under penalty of perjury of the laws of the State of Washington. 'Signed in Olympia, Washington, this l Sth day of March, 2011. LAW, LYMAN, DANIEL, KAMERRER & BOGDANOVICH, P.S.

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LAW, LYMAN, DANIEL, KAMERRER & BOGDANOVICH, P.S.

DECLARATION OF JEFFREY S. MYERS - 3

No.

ATTORNEYS AT LAW 2674 R. W. JOHNSON RD. TUMWATIfR, WA 985]2 PO. BOX 11880 OLYMPIA. WASl1lNGTON 98508-1880 (360) 754-3480 FAX, (560) 357-3511

_J

SHERIFF
KING COUNTY
KING COUNTY SHERIFPS OFFICE

516 Third Avenue,W·1 16 Seattle,WA 98104-2312 Tel: 206·296-4155 • Fax: 206-29(,..Q 168 Susan L Rahr Sheriff

February 24, 2012 City of Medina clo Jeffrey S. Myers Law, Lyman, Daniel, Kamerrer & Bogdanovich, P, S, 2674 R.W. Johnson Road Tumwater, Washington 98512 RE: King County Sheriff's Office Public Disclosure Request - PDR 12961 City of Medina and Mr. Myers: The King County Sheriffs Office (KCSO) has received a public disclosure request from Shawn Whitney, KCSO PDR 12961. Ms. Whitney is requesting records in the King County Sheriffs Office's possession related to the city of Medina's investigation of former Police Chief Chen. One of our detectives is assigned to a federal task force and received and created some documents related to that investigation. Our office plans to release the documents in our possession with any applicable redactions to the requestor under the Public Disclosure Act. If you wish to try to enjoin our office from disclosing the documents, you must file a motion to enjoin our office from disclosing the records , under RCW 42.56,540. In addition, you will need to obtain an emergency temporary restraining order pending the hearing 01) the motion for injunction or we will release the documents pending the hearing. (See Kitsap County Prosecuting Aftomey's Guild v. Kitsap County), You should also name and serve the requestor as a necessary and indispensable party. If you do not, the Sheriff's Office will make a motion to dismiss your action for failing to include necessary parties. If you do not obtain and serve the King County Sheriffs Office Legal Unit with the motion and temporary restraining order by close of business on March 8th, 2012 at 4:30 p.rn., our office will provide the documents to the requestor as soon as we can process them after March 8th• We are aware that there is concluded and pending litigation concerning public disclosure requests made by Ms. Whitney and Mr. Chen, I do not know whether the documents in our possession are also the subject of review in those lawsuits. The Sheriffs Office has no objection to, having the judges in those cases also review the request to the Sheriff's Office.

If you have any additional questions, please contact the Legal Unit at (206) 296-5292. Sincerely,

ptObedY
Legal Advisor

Han. Greg Canova
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IN THE SUPERIOR COURT OF THE STATEOFWASHING'tON IN AND FOR THE COUNTY OF KING

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JEFFREY CHEN,
vs. CITY OF MEDINA Defendant.

Plaintiff,

NO. 11-2~2696o~4SEA

DECLARATION
HANSON

OF DONNA

I, Donna Hanson, hereby state and declare as follows:
1.

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I am the City Manager for the City of Medina, the defendant in this lawsuit. I am

over the age of 18, am competent to testify herein and make this declaration based upon personal knowledge.
2.

This matter concerns an extremely broad public records request for documents

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"regarding" the City's former Police Chief Jeff Chen. One of the records referenced in the Complaint has also been requested by Shawn Whitney and is the subject of a parallel lawsuit pending in King County Superior Court, Whitneyv. City of Medina, No. 11-2-26494-7. Both of these center on a request for the "Bolasina Report", Mike Bolasina is an attorney who was practicing with Stafford Frey Cooper in 2010, I requested the Washington Cities Insurance Authority to provide the City with legal counsel to advise on reports of unauthorized access to
V! W. l.l'MAN, DANIEL,

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KAMERRER & BOGDANOVICH, P.S. DECLA.nATION OF DONNA HANSON No. 11-2-26960-4 SEA - 1.
,11TOIIN5l'SA7 )....111' 11l74/l W. JOflNSON IrD "fUMtlHTli"lt lIH 98HZ PO /lOX lJ/l.~O Dl.I:lrPH ll'ASIIINrrrON91lS01l-18W 136Q) JM~,ya I',I~' 1100) J5"J511 7

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the City's a-mail archives. WCIA hired Mr. Bolasina as the City's legal counsel in response to my request. Thereafter, I regarded Mr. Bolasina as the City's attorney in this matter and believed that my communications 'with him were confidential and privileged under the attorney-client privilege. 3.
2010

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Mr. Bolasina provided legal advice to me as the City Manager. In late December

Chief Chen unexpectedly resigned and then attempted to rescind his resignation. I placed

him on administrative leave and sought further counsel from Mr. Bolasina,

On January 27,

2011,

I received a detailed memorandum from Mr. Chen. I was

concerned and believed that the City might be sued by Mr. Chen, who was claiming to be a whistleblower and requesting "whistleblower protection". all February
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I requested

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Mr. Bolasina to meet with the City Council to advise them in an executive session. This executive session was held pursuant to the provision of the Open Public Meetings Act which allows a City Council

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to meet in executive session to discuss with legal counsel representing
2, 2011 meeting,

the

agency litigation or potential litigation to which the agency may become a party. This purpose is stated in the Minutes of the February which are attached as Exhibit
1.

Mr.

Bolasina met with the City Council in executive session, After the executive session adjourned, the City Council took no further action.

Because Chen's statement of January 27,

2011

contradicted his earlier statements

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to Mr. Bolasina, 1 requested the Washingtoll Cities Insurance Authority retain additional counsel because Mr. Bolasina could be a witness regarding Mr. Chen's statements. WCIA then
retained Stephanie Alexander as the City's legal counsel.

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6.

Ms. Alexander hired Ellen Lenhart to conduct an independent investigation into

26 the facts surrounding Chen's resignation. I did not direct or supervise this investigation in any
LA lV, LYMAN, DANIEL, KtlMERRER & /JOGDANOVICH. P.S.

No. 11~2~2696o-4 SEA

DECLARATION

OF DONNA lIANSON

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J~7./1111\ lOlmSONlI1>

no~l/t,IO

II"( 1..-1 IV "(tI,llIV,[TER, IIH 911S1~ O1.VAjPf,i, \V,ISIIING7'ON 9BSmr.IE80 (JM} 7.!~-U&J /1ri,~·IJI"))157·JSI /

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way. I did not review and was not provided with any drafts, notes or other preliminary 2
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versions of a report prepared by Ms. Lenhart.

Ms. Lenhart produced a report dated March 23, 2011, which was provided to me.

This document is the only version of the Lenhart Report which I have received or used as a
basis for my employment decisions. This is the 0111y investigation report concerning Chief Chell that the City has in its possession.

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011 March

31,2011,

a copy of the Lenhart Report was

provided to Mr. Chen prior to his Loudermill hearing. A copy of my notice of the Loudermill
hearing and the attached Lenhart Report provided to Chen is attached as Exbibit 2.1 Chen used these documents to prepare a fun response that was considered at his Louderrnill hearing which took place on April 14 2011.. Following this hearing, I made the decision to terminate Chief Chen's employment as the City of Medina Chief of Police on April 27, 2011. On June 24,
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Mr. Chen filed a tort claim against the City of Medina seeking $14,000.000 8.

in damages.

One-of the other items requested in the show cause motion by the plaintiff was a

copy of the tape recording of the November 8) 2010, City Council Meeting. This document was requested by Mr. ellen on June. 16, 2011. Because the tape recorded part of a conversation

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held during a recess in the meeting between CaUDCn Member Shawn Whitney and others that
was not part of the regular meeting, I was concerned that we did not have permission to record this particular conversation. I needed to seek legal advice as to what to do with that issue.

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This issue was still being considered when the original estimated date came up, so the city asked for an extension of time to August 8th in order to complete its response. The City was
I

Exhibit 1 contains the redacted Lenhart Report that

WIlS

released to the public. The redaction is in Exhibit 13 and

redacted credit card numbers as allowed by RCW 41 56.230(4) redaction

Mr Chen wns provided the Lenhart report without

L.,nll, LYMAN. I.MNlli.l-, KAN/ERRER & 80GDANOVICH.

No. 11-2-2696o~4 SEA

DECLARATION

OF DONNA HANSON

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A7'mIlNm>; AT tAW 1~N lilY. JOmlSON Ill) 1TlMII~ITER, 11~1 91lJJl
V()N 118811 O/.)'MI'/tI,

P,S.

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IJMlJ 7SMJ8~

r.,I~ 1.1;10)157·3511

W,1~'IIINc;roN

!litS(IS.//1l111

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able to release the record on July 18, when a full and complete recording was provided to Marianne Jones, counsel for Mr. Chen. This record was not redacted in any way. I make this declaration under penalty of peljury under the laws of the state

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of Washington.
Dated this Jli:: day of September,
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2011 at

Me

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il770RNm~ ,IT I..IW 2674 IWUOIlNSON 1111 7TlMIJl,tTItn. irA PIJ$U I' o.nox 1J8H&OLl~{I'M. W,rSrfJllaroN~115/}lI-IlIIIa (16U)7J,f.J~~D ".I:r. (J~OJ JJ7.Jl/ I

KAMERRER & BOGDANOfl[CH.

LAW; LYMAN, DANIEL,

F S.

DECLARATION OF DONNA HANSON No. lHl~26960-4 SEA

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Exhibit 1

MEDJNA CITY COUNCIL SPEC1AL ME:ETING MINUTES
St Thomas Church, MusIc Room 8398 Northeast 12 Street, Medina Wednesday, FebruOlry2, 201 ,; 3:30 pm

CALL TO ORDER
Mayor Bret Jordan called the February 2, 2011 Special Meeting of the Medina City Council to order at 3~31 pm,

ROLLCAll
Patrick Boyd, Doug Dicharry, Bret Jordan, Janie Lee, Mark Nelson, Katie Phelps, and Shawn Whitney EXECUTIVE SESSION The Medina City Council recessed into executive session at 3:31 pm pursuant to RCW 42.30.1 iO (1)00 to discuss with legal counsel represenUng the agency litigation or potential Iltigation to which the agency, the governing body. or a member acting in an official capacity is. or is likely to become, a party. City council members Boyd. Dicnarry, Jordan, Lee, Nelson, Phelps, and Whitney were present. City manager Hanson, clty clerk Baker, city attorney Dlssnd, attorney Mike Bolaslna, Stafford Frey Cooper, and Dave Clark, principal of David A. Clark Architects, PLLC, were present. No action was taken and matter concluded at 3:38 pm. At 3:38 pm discussion of a second item, pursuant to RCW 42,30.110 (1)(i) to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body. or a member acting in an official capacity is, or is likely to become, a party, ensued. City council members Boyd, Dlcnarry, Jordan, Lee, Nelson, Phelps, and Whitney were present City manager Hanson, city clerk Baker, city attorney Dlsend, and attorney Mike Bolasina, Stafford Frey Cooper were present. No action was taken and matter concluded at 6:16 prn. Executive session adjourned and council resumed special meeting at 6:16 prn, ADJOURNMENT MOTION BOYD AND SECOND DICHARRY TO ADJOURN THE FEBRUARY 2, 2011 SPECIAL MEETING Or: THE MEDINA cnv COUNCIL. MOTION CARRIED 7~OAT 6:16 PM. The February 2, 2011> Special Meeting of the Medina City Council adjourned at 6: 16 prn. The Medina City Council wHl hold its next meeting Tuesday, February 15, 2011, at 6:30 pm in the Commons Room at St Thomas School, 8300 Northeast 12 Street, Medina.

lsi
Bret Jordan, Mayor Attest
MinufCilSapproved by city council 0211512011.

lsI Rachel Baker, City Clerk

ElUUB~'1i_.. --I'{-'," .

Exhibit 2

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MEMORANDUM
To:

Requestor

From: City of Medina
RE:

public Records Request

A portion of the attached record has been withheld at Exhlblt 13, Tab 81 pursuant to RC.W42..56.2S0{4), the personal inrormat!on. elte.mptiQn.which makes credit card numbers exempt from publlc inspection and copying.

ELLEN

lS600N.E. 8th Street· Suim B~l PMB # 93 I • Bell~vuet WA WOOS Telephone;

K. LENBAltT

etlen.1enhatt®corncaat.net
(206) 069·6919
110

Fax: (425) 643-9977

Mar<:1123 2011 SWpbanie~aader Mil!bael &. Alexander P1..to 701 Pike Street. Suire 1150 Seattle. WA9S101

One Convention 'PIatle

stephanje@mic.haelaudalen.lU"lder.llom
&= City of Medina [nvesflgation

Dea:r Ms, AJel'Gllnder.

my findings.

r was engaged to conduct an independent workplace investlgation:for ~e City of Mcdioo. regarding concerns rotated to the resignatiol1 of the Medioa Chief of Police. Jeffrey Chen. and some Issues that arose follnwlng Chie£' Cben's resignation, This is my report of
1. 1nvesdgatiun ProeMS linterviewed
the fuUoWillg individlllUs durIng my investfgatiort:

- Ra.l:hel Bilker. tbeMedinll City Clerk, - Miohllel Bolnsin~ an attomey who conducted an Investigation for the City t'elateci to concerns about ufli'nltllonzed ACcess to 1he Cilyfs nrchived email

sr-.te.m~

~ Chief' Cben; - Linda Cru~ tl1.eMedina. Police Recl3rds Manager; ~ Matt Cro~ a lGrkhmd. IT employeej ~ Mike Glrias. a Medina pollee offioer; ... Pam. Gl.'eytak. an adtIlilliguative aSglstnnt for the City
w

of MedIna;

Donna Hitnson. the Mediua. ChyManBgm-;

Matoh 23~ 20ll City of Medina

Stephanie Alexander

w

John Kane, 1:110 Medina police sergeant;

- James Martin. a Medl'nn.policC officer; and • DM ¥outkoski, the Medina police lit\l~nal'\t. who is cUn'llntly serving as the Acting Chief ~fPolice.

I interviewed each of these indlvidua1s in person, el.. Sgt. Kane and Mr. Crut. whom I interviewed by telephone. In several instances, 1conducted addiUoM! iQUow-up inperson and telephone intervIews. I interviewed Chief Chen twice, fo1' a.tliat ot G'Jer four and one·balfhours. During bOlh (nt~tews) his attorney, Ms. julie Kebler, was present. Prlor to begInning my (nte!;'\'i~w with Chief' Chen, 1 presented him with the wrl«en aa.ltit~
notice of his Deht:! wbich you had provided made a few DhlU'lges i() the document.
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and wllich he signed after hf::; counsel

At the outset of the btervfcws T rmewed the issues on my "Interview Outline/' which is ~obe.d as. an apPeJ,1dil\. T took h!ltld~writteG notes of the mtetViews. Mel at thQ end' of each inte~it!w I read Illy notes baek to the: pm-soo I had been IntervIewing GO that they could make rerisiotlSl or additiollS. I IlIROencouraged each person I it1erviewed to get back in touch wifu me lfthey had concerns or wanted to share more informlltton with me nfter Ollr inteM1:l\'f had ooncltlded. Some of those 1 bod interviewed did contact me later to pco\,tde additional inlbnnatloll. I leviewe-d several (laoum=nlS I1S part of my investigation, including: - 'The Janulilty?7 1I-11.d 2011 lettm Chief Chcn WI'Ote to numerous people 29~ about his Tflsignatlon and reso[ssion thcreo~ and Ms. HllllSOn's January 2S respanse to Chief CIwn's fU'stletter: - Chief Chen!s handwritten rel'li~ation~ d~t~QDecember J 7. 2010, and hIs typed letter to Ms. Hanson. date~ December 231 2010, rescinding hIs tes.{gnatlon; - A Decemblll' 27.2010 email from Ms. Hansnn to CHief Chen, he waa being placed on nchninisttativf;: leave;
[nformil1~

bhtl

- The Decembe): 17,2010 email Chief Chen set't to the Medine.Po.Ilce DepAttm~nt ("MPD") staff announcln~ his ~lgnation; ~ Written statements prepared by Sgt. Kane, Mr. Boiasioa, M$. Cram, Ofe. Gfrlas. Ofe. Martin, and U. Yourkosk~ which relate to some ofth e lsscea I was investigati:ng; - A Citt ofMedlna. t'Memorandum of Current Benefits" dated JanuiltY 29. lOOK. tl1atwas sent to the City's Department Directors. from tbe City ManligeI'

42564;39971

MlU'cb 23, 2011 City of Medina

StephanIe Alexander

regarding the Directors' employment terms, The copy r have was sisned by JeflTey Chen In january 20[}S; - A serIes of email II exobnnged hetween Mr. BoJasinll and ChiefCben aflerMr. Sotrudna fnterviewed Chief Chell 011 December 14. 2010. and a statement prepared by Mr. Bolaslna allegedly settI[1g forth the information 1ho Chief . provided during hl.s Intmiew; ~ A copy of the prepared questions that Mr. Bl)ll!sin~ used during his interview with Cb.iefChenj .. A men:1Q prepared by Chief Chen and the acoomplUl)'llJg wtiUtm statements prepared by Sgt. K!ltltl and Ofo. 'Knott tegerding infot'tTIation the sergeant and IYffioer had about unaufuorized acceas to the City's atcbtved email system: nnd ~ n~ MPP General Order reglU'ding V'Qldinginftn.etions and citations written by

police officets..

I will atttlch copies of relevant documents

!IS

exhibits to this report.

n. Dackground
f

Giving Rise

to tho I!!mos Investigated

lssnes, was aa::essing the City'a ~cbjved crnnUs through tha 'MX Lagle system for 1l1RPProptia.te'purposes. I.e•• to read emaifs ~nt by the Mayer, Ms. HMsol'I, IUld the City Council. The l1eKt day Mg. BaKer reported thIs to Ms. 'fUmSOD, and Ma. Hnnso1l,Cl)lltacted the City's lcsuree, Waslrlngton Cities' Insurance Authority (lIWCIA"). for guidance in haoilling 'fuc$ltuntion. Thereaftf1lr. Ms. Hanson and Ms. Baker had additional dia:ouasio:llS about the issueJ 8tld Ms, Hanson made additional calls to WClA. On October 26tb} Ms. R9b~ alan instructed Mr. Eagon not to discuss his information with a.nyone else, and he admitted he, bad ruTElady mentioned it to someone in the poUo.e department.
I:\1JI>

was work[ng with the City at the timo, tJurt 'Mr. Fischer, who regnlM'ly handles tbe Cit:)ls IT

On OctoOOt 19~2010 Ms. l3aker was informed by Mr. Ea&(m. an IT consultant who

Later the same day. Chief Chen met witb Ms. 'Hanson and Ms. Baker to tell tham that of hls officers had told him that there WIW an issue with inappruprlnte !lcccssing of 'the MX Logic syl!tem, On Oclobcl' 2Sth, Chief Chen gave Ms, I{nnlIontwo memoa that bad been prepared by Sgt.. Kane IU1dOfe. :Knott a.bout tl1e Issue. Exhibit 1. The City then engaged Mr. Bolasina 10 investiwrte the matter, and the City worked witb other IT consultants to investigllte the security ofth.e: entire Medina IT system. Those consultants determlned that the MX T..ogle systmn had been accessed by Mr. Fischer, and also through three otner networks, including the police department network, It Ctearwfte wireless network, and a Com cast network.

Stephanie Ale){ander Match 23, 2011 CityofMcd~ Mr. Bol.asina began his interviews on December 9, 2010. Mr. Fi!1chet admitted accessing tne MX Logie system for unautborited' J?\1tposefI. On December 15th, Mr. Bolaaina inrerviewed Chief Cben, wim Ms. &k.er present. Mr, 'Bo]asina used a set of mtervfew questkms that he. bad prepared for tile Chiefs Inmrview. ;Exhibit 2. Accordin$ ro

Mr. Bolasll.lll and Ms. Baker. Chief Chen adlUnantly denied during his intetV!~W that he bad avet eccessed the MX Logic systelll. He also denied that be had evee been given a passworJi fot' IlccessinB the ~stem. at tlny time or for any reason, However, be added that Ms. Crum had once shown him a password and lostn for the system whtch were printed OIl a sticlty Mte. ,AQootdhtg to Mr. Bolnslna. the Chief said hc.bad instructed Ms. Orum to file that infon'natioll away becf:luse t'bey did not need 10 use it. Ute same day. Mr. Bolaslna sent CtliefCheu an emafl explaining that he:was preparing a. written statement setting forth the fnfotmatinn the Cbiefhqd given during his interview. The- email Imanned the Chfef that he was tl) edit or obtlnge the lltatement "SO that it1s1DO% aCtllU'ate Bnd COtTect,ll E~hiblt.3. Latertlmtday. Mr. 80lasina Bent the draft statement to the Cruet E1chlbit S. Prior to sendIng tbe Chld'tlte draft statement, Mr. Bo1lslna also sent tnf.:t dnUt to Ms. Baker for her review and editing, since tlhe had been ,PteSOllt during tlte: intQrvtow. Ms. Baker made no OhMges; she round \be dt1ili\statement flCatll'Ertll. Cbie£Chendid' notoontact:Mr. BDlasiIlIl aboutibe dtaft·~t!\tem~ntllntil Januaty 14. 2011. At that timl;!, 'the Chlef asked what he could do to follow up 0.1lthe dtaft stalemenr. ooclluse l.t niB !:'lot accurate due to cLrCUmstances as drafted and r WlJuld like to clarify thc! issues eovered," Exhibit 3, In response. on January l&ihMt, BQlasina resenrhis Decf;lmber 15th email to the Chief with tbe original drnfi: sta1c:m:'lel1t attached. On. Januar;y 23td the ChiefrespQnded~ "Thank you. I wilt be forwarding accurate and oortecled information. II Exhibit 3. He newt dld so, On :December 17, 2010~ the ChiermetwitllMs. Hanson, Thefbats related to tb",ir meeti.ng(s) are in dispute, TheCbiet's vemQn of some ot'1h~ events oftbnt day are set om in his January 21, 2011 letter to Ms, Hanson. tne Medina City Counoil, ~he MaY(lr, nnd the City Attomey. at pages 304, Ex.l!Ibit 4. In essence, tho Chief ohums that Ms. Hanson pressured him to submit his. resignation when they met on that day. Md in response- he wrote out Il 1111ndwrltten t'eslgnatiCm, e&hibtt S. and Vl-ve:itto Ms. HiUl!Irut. Tn this January 27 reoall of tb~t llIeetil1g, the Chi.ef only references one meeting with Ms, fIanson !bat day. Exhibit 4. lIowever. ne Jeter expUllded upon his recall of events and now asserts there were two meetings betweell him and Ms. Hanson related 10 his resignation. M!I. Hanson rellPonded to Chief Chen's letter tb" next day. and copied the City Council. E"hlbit 6, In her Jettet, Ms. Hanson disputeq many of the assertions in Chief Chen's January 21th letter. Notably, Ms. Hanson refutes the Chiefs claIm. that soa forced his :resignation and says that he voluntarily rl'lsigned. Witl1 no forewarning, lind thaI: she was "sbooked" when he did so. EKhlbit 6. Chief Chen then Wrote ilgain on le,l\u!l'ty 29th. this time addressing only '!he City Council. Exhibit7. In this [etter, Chfef'Chen olaims that Ms. Hanson's rec~U \lithe events of their meeting(s) on Dl:.cember l7th "is ". a1mply not true}'

TO:e0S44e9SS9

March 231 2011 City ()f Medina

Stephanie AieK'llllder

.Here Ill;! states tlult he met with Ms. Hanson twfce on that date, and bI'Jdetails bis verslcn of tbe events otbotirmeet1t1gs. E1(bib!t 7,' The Chiefs tc9ignation was to be c£feotlv<1Jon December 3tst:.. He lefi:tha depnttment 011De.ce.mber l 7th, after setlding an email to the MPD s.tltff lll1llou)1ciP8 that he had tenderl:d his r~sfgnation and naming Lt. Vout'Koskl Aet:l,ng Cht~f.ExMb!t s.. Tile Cfty jnltiaIly processed his intervening nbaellCel as' vacation. On December 23rd~lifter conllulting Willi the City Cuul1cilt Ms. Hanson issued a press release abo'l.1tthe Chiefs resIgnation. The same day. Chief Chen sent a letter to Ms. Han'a()n, with copies to the Ma.yor, the De.puty Mayor, anciseveral City Counm1 members, reschldlng his resignation, Exbiblt 9. The fQJ1owingMonday, December 21th. the Chief'returnoo to the Dapartment., wbere'bo encollntlMedOfe. GidM and Lt YQurkoski. He then met with Ms. Hanson, who told him she needed to consult with the City Attorney about bow to proceed, and llhe asked hlm to leAve. Later tbat day. she sent him a.!l emuU placing him on pa1d adtnfl!.istrlltlveleave ·[pendlng the outcome of an OflSQfng in.vest!gatioll of which you ate 1l1tel\dy aware" {Mr, Bplasina.'s invcfltigation]. Ms.l111nsDn also asked the Chief notto contact lUtl' oity employ~es without tir4t contncling her, Bxhibit to. Then: was some btiefcontaot between ChlefCben and Ms. HansOJl during the week of January 3ra. That was followed by Chief C.hen1t contact with Mr. BolfOO1a. whioh ill discnssed abcrlie.

Then on January 27th, the Chief sent hi II seveowpag,<:letter, outlining in detail hIs perspectl\1e. on se.veral issues, including: the MX Logle h1vestlgatlon; bis access of the MX Logic sygtam (whi~h he claim({ WM fully authorized); his report of going to Ms. Hanson with information about Mr. Fisoher inappropriawty ~ooessitlg the MX Logic system (wh!al1 the Chief calls his I1whisUebl()wetl! action); hili version of the events surrounding bis resignation; his questions about the process of M~. Bolasina'a investillation vis-a-vis fue
whistlell on Mr. Fischer, incl\ldlns being "coetaedll to resign, be!ll~p~t on ndminlstrative leave, suff.'erlng darnago to hls pro&$sionul and personal reputation, ~ndbeing subjected to Mr. nDlasin~!! questionillg and !:hen fWbd to sign It IIg:rQGSty inacc'Uts.te statement.'l. and ais pto(XJsed lIf\v.loJuuon" to his con~msl Inel uding immediate «!instatement Bnd 11 c.learing of hls 'Mme, IitO\i~ with a. pwss relense demonstrating the Clty's support of him Il1'Idlldifihsing any IlJ,Cluendosof 'personnel problems.t." Exhibit 4. Subsequent to the Chieftesigning and !it. Y'ourkosKr assuming Ute admInistrative respol1Sl1tUityfor the MPD, and prior to the tin'l~ th~ Cbief rescinded billresignatloll, several issues related to Chief Chenls o\lorsight

MPD Standards; his assertion that he was experiencing retaliation after be "blew the

ofth(;) MPD. Thoaa Issues included concerns about aev8rulpm-cbages the Chiefbad authorized using City fundr.; ootne of the Chiefs actions imm(:diately prior to. his resignation, e.g.. with r~speot to his computer and other City..owned ~qulpment; m~as{ng(If voided tickets fhat bad been issued by MPD officers and then v()lded by the Cbiefwithout
the )Slmttlg officersl fmowJectgej and documents that wore uncovered thnt had purportedly
I I wli r address Ihcs~ fuotual dlfterences In grenmr detoIllntlll'ln tfris report

other questlo.ns arose about previously-unadd~essed

----.,--

Stephanie Alexander Maro1123.2011 Clty of Medina
been a.uthot'ed by MPD officers and then apprcved by Chief Chen, but whilJh the: offioers clain1 they did hot author. Then Chit:f Chen went on. the record about a~verBtissues in 'his Jrunlluy 27 and :?9lettcu, and 1:Mvernion of some e...ents and MB perspective 0)1 others diffwecl ntarkCldly frOl11, e.g., MIl Hansontg.
t

that had m$:n slaee Mr. Bolasina.1l1ntem~1S regarding the MX LoISic access. [was told
that t was nut expccrted to tzy to establish whetbel' the Clrlef'(or anyone else) had

0t1 February

to. :2011. r was

contl1C'ied about

my avn{[ElbmtV to investigate the issues

uno6£sta:nding of1he\r tntervlew and the Cbiefs assertion that Mr. Bo1aina's pmparcrJ statement is tornlly inuooUraie. on the disparity between Chief'Chen's nndMs. HEl.S1SOn.'S reports of the Cht:t's resignation. and on the other issues tbat had surfaoed within the MPO I\ftertbc Cbiefl(lft. 1 boga.n my interviewlJon Febrllru'f lS, 20U, I submitte:d an oral report afro)' fmdinys to you. on Pebruary 22M. 1 was unable for some time after that to draft a wrll:len report,. because I underwent lmnd Slll'gety on. my dominant band on Febntmy 2J, 2011.

inappropcilltely aCde~ed the MX Logic syst.em of archived ema.lIs. since that was essentially n moot point after Mr. }/iseber nnd the Chief admitted having done so (aJthough the Chtef malutain~ thm his acQ~S$was nuthorl~ed Md totalty legltimnte). ({allier, the City's concerns foCWIed on the conflict between Chief Chen's and Mr. :Bolastna's (and Me. Baker's)

m. Mrli'indiltp
A. The J!;vents Surronnding

Reg!trdlllgtbc

VIl,.lous Issues of Conetlt'n

the ChieFs 'Resignation
'WUli

1. Overview oftlte Question Whether the Cbief's Restgnatflltl or Coel'l:ed

VomninQ'

Eithet' Chief Chen 01' Ma. Hanson \s tying ~bout what 1ransphed between them. with respe4t to how the Chid's mlgnation came about. Their differing accounts cannot be explaine!d as a mlsunderstsnding or a. miscommunication: one of them is fabricating bis or het verslon. During my intel'Vi~ws 1 elicited compelling facts that support Ms. flnnson's

version of the events IUld diseredit the Chiei.'!iversion,

2. Coni:rlldicfiuns in the Pariie~' Statements .R.ilgtlnJingThuir InterActian on December 17,2011)

poasiblIity that both the Chief and Mr. Fischer may have been 6o.cesslng MX Logic. and that

The Chiefsays he went to see Ms. Hanson on.'December 17th to discuss Mr. Bolasina's statemellt, whioh he had rec;eived two days before, because It was gO maotnlrate, He says.M:s. Hanson told him she was considering putting him on paid udmit'lisirative tcaV!;! became he had gained lItuurtbotlzed access to the MX Logic system. Ms. HMson not only denies having discussed the iasua of access tn 'MX Logic with the Chil:lf, bnt !lhtialso: dentes that at that point she ever considered taking any sort of disclpUnnry notion aga{nllt the Chief, even If she had learned that be had accessed MX Logic (which at tbat point be "had not admitted having done), Mr. Bolaaina I)Onfirms: that he discussed withMB, Hanson the

"1256439977

TO: EI364429699

Stepbellie Alexander: March 23,2011 City ofM(ldina Ms. Hallson told blm that she had 110intentioll of taki.t1g dfsolplinory notion lIgainat ChIef Chen~ rogardl6!lS ot'wheth!;ll' it was eatablished that he IlJ'ldbeen ll.Co"sslng MX Logic, In Mr. Balasioll's words, 11Donnn only wanted to detliln'nlne if some e.autlon!ll'Y notioe and wamlng were needed. liZ Nevertheless, aQcordiog to Chief Chen, Ms, Hanson nlimt ~suggested it would he better for me to resign. U Ms, Hanson denies having Ewer made 6.ucha lWggastion to the Ohlef.. HIn'I,\wer, the Chief says be toort a piece of paper from Ms. Hanson's printer and

wrote out his lett¢:!:of resignation on the spot. Then. he says (for tlle f3rst time In his January 29th tetter, and after receivinB Ms. Hanso:n1s Jflnuary 28th letter witb her vemlon oftlwae events), Ma. Hanso!i asked biro to tum in his badge and other City-owned equipment, So he returned to his office) gail1ercd ~hose Items into two large envc;topes! VJrQf;I;:I ami sent the etrIrul to ihe J:l¢partmeut about bis resignation. made I'J, C()P:Yot'hiB letter of resignation, locked up his gun, retumccl to Ms. Banson's office and delivl;lted eVel'ylhll1g to ber, and left witb a :friend whom be had called 10 pick itlm op. Thus, I1C1lordlng to Chief Ch~ll. he went to Ms. Hanson1sofl.ice two times that day. and only turned In bis keys and other City property during the second visit,

Ms. Hanson tells fI. very difterant stoty, She says the Chief called earHeril1 the day and asked to meet with her "abQut a ease," When they met. she sa.ys, he came in with two targe envelopes, From one. he took an envelope cQntairling his ha.nd-written letter of resignatlon and ptcsented it 10 lu!!r. She says she was sbooked-f,lbe bad no forowatnlng that the Chiefwas Intending to resign. She says she asJ!~ him if'he wOllld be retuming~ I1Ild 11ll satd "no," The remaining contents ot1he two envelopes lnoluded the Chief's bl1d~ hIS keys, an iPod touob, his cell pilone; etc. Ms. Hanson sa)'$ she aabd the Chiefwbo would be mnntng the Department over dle. weok~~d. I\ltd he: tlv;mkcd her fat' reminding him to take care of that and left. She did not see: him again. ruthollgb ~he did rece.ive e.copy orthe email he sent to his department !l.bO~lthis resignation and Lt. YourkoskPs temporary appointment as .Acting Chief. Chief Cben insists M.s. Han~on's version OlUUlot be accurate because he could not bave left \lis keys with her d\lting tbei1' first meeting and still Mve access.ed his office to. type tbe emaU to hIs department and appoint Lt, YOUl'kosld Acting Chief. Therefore. he fnsis1S, only hi,\]version mates sense, because he had to have lmd his keys to get baok: into his office after he b1itially met with Ms.lianson. However, Ms. Cmm teti:It~$:the Chiefs story. She says he If;jftfor a snortwhlle about 3:30 that afternoon. and whe1l he returned, he did not have his keys, He accessed the trailer by usin~ the; punoh key code on the front door, and then be asked Ms, Crom to !et him into IUs offioe, telling her he had forgotten his keys. Sha says she let him into his office, and be crone out shortly I1Qrrying a box with unknown contents, with a computer cable: hangIng out. She wlrtcl1ed him 1eave fue ponce tmiler,
Z He ~ddoothat she also told him tltnt she know Chief Chen bad so much SUpPDttfrom till\. City Council tbat even If she lI01.(ldprovo that !I.e lind ll.ccegsed MX f.Qglll without nulhorlty, llt1d for Inapproprlale pllrpases, 4UO, Would nne be !II i1 position to take disaipliJlBl}' ncUon DglIlnst him.

4256439917

TO~2064:4296g9

stephanie Alexander Mlll'ch23) 2011 City of Medina carrying the box. After he left she found his. emedt announcing hIs resignation, wbicll WllS also a oomplete sback to her. Ms. Crum wrote out her obsorvations, which is exhibit 11.3
j

The Chief told me thel'l'l wag no (lIlO in the.MPD trailer wnf'.ln he went back to retrieve his property for Mg, Hanson and compose the email to his department. He said Ms, Crum bad gone l1otrla. But Ms. Crum Is very speolfio about her recall oftb4t d~y~ she included and infonnatlon in her statelllfjnt fbat WAS nl)t uisC\lssed in eifuettRe Cniefs or Ms, Hansonts letters. For eKan1ple. Ms. Crum references the box that the-Chief oorried o ut. The Chief cUd :not disCDSSthat until after I meotloned it during our first interview, In our second intervIew. the ChieftoJd me that nft"r h.e went back to' his office to sather the items Ms. Hansoll hlld requested) he pllt som.e personal items" into A box. Thon. he say~ he cElrded 1be box and 1111 the (lther ~\emg Mg. Hanson bad req_uested during thel&:fiTS.tmcl;)ting out of the MPD miter and toward the City Hall trailer. Be told me he put the box down before he WeTe.\! Ci~ HaJJ gave the envelopes t()' Ms, Hanson.lef4 went b[lck toward the M"PD trailer. retrleve.d the bO~J and went -to the parking area tc mc:ct his ride. When I questioned Ms. Crum. however, abe -toldmil she watched the Chief from her window !IS be left with the box (sbe does not know what Wl'.!$ inside. except for the compllre-r corl! that was dangli ng cut), Ms. Crum mid me the Chief did lIoe go toward Cfly Hallnt aU. he turned toward the area where the police cars me parked. atld she never saw him agnfn tbat day.
J

Ul.1lS. thi~becomes a matter Ms. Crum's word agaill.Rt the Chiefs. However, her verslon of eventH tames with Ms.lTMllontg versittn, and with statements <If others. For examplet Ms. Hall$Oo toId me she was totally shocked when the Chief came in and summarily resigned. She says funt aftet he left ("tbcir me.eting Wll$ very brief). sbe wenL out ofhet' office and ~noolitUer-ed Mr. BoJ!lslnB (wbo was there 10 do mere inietvit:lWS) and Ms... Baker. Both Mr, Bolaslna and M:I, Bake ..told me that Ms. HansQI't was visibly shaken by he!; ~ccn1flter with Chief Chen. Mr. Bolasina suid. IIDonha was standing stunned. Sbe hnd an envelope in her hand and told me that the Chi efhad just Tesil!fWd." Ms. Baker said that Ms, Hansnn enbn"ed her offlce andl'rl()\1thed out IIJeffjust resignOO." Ms. Baker told me Ms. Hanson was "b1arlk- totally surprIsed." Later Me. Bak.er went lnl0 Ms. Hatlsoo's r,;rffice (sbe sa)'!> she did not sea the Chief reenter the. h'aiter in the interim)) where Ms. Hanson showed her the twl) erwelopes witb the items the Cltiefhrtd given'Ms. Henson. Ms. :Baker says s11eJtoo, was tlQm"nbfounde«.7l She andMs. Hanson said tittle about what had happened, because other staff were pt"C$ent. But the twa inventotied the envelop~ contents and made copies offheir Jist" rimy informed one ather statf member a.bout wilat had happen~ and then Ms. ffanson begat1 to can the City Council members to tel! them about "the Chiefs resignation.
M

or

~Thfs statsm~TlC is dnteti Fe:brullty I. 20i I. IllSkcd Ms. Crum Ihbe had tend nny of the IIItrer& IlllnhnTlglld lImQn~ ChlofChcll, Ms, Hansl:lfl, IITIdtha Oity CounClIl. eI ul., wttlCl1 pre'dntedbertt~tem~mr. befllra stte drafted this. Ms. Cnnn ICTdmEl sher had netread nil,)' oftllOS~ Iclt~1"lIat that tlmo. Sill.'!mild ~he pfilp~rcd tIlll stlllOlUllnt because sbeundlrrstood th;'ltMr. Bola.inn WIl!! Imlng to he moating wllh the CityCouncU, Dud inltlnlly she pl1lnne'.i w gIve (dm 1l copy of ber obsorvatloJlS -('"OF ll1cctlng. Sh~ lnel1 de~idc'd llat to glv!! a copy ttl Mr. tbat Boll!$lno. So sh~ re.typed II> dcletin~ Mr. Solwlnn'$ nllme as a fllt.tpilltltJ a~d ~\tIdthe drnlt~ which slw hll~ llomp05ed Ilrtllll entl!el' dnw..
0

'1ES6439977

StephanIe Ale'ltandet March 23. 2011 City of Medina

3. OtfJer Facta Tbt J Find Suppor~Ma.lfanson's

PDsitlon

There ate additional reasons I find Ms. Hanson's version or'thi& matter morc persuasive. Taken together, the foUowing facts suggest to me that Cbtef Chen not onl}'

voluntarily v;signed. but planned to do so in advance of his mel)tingwttb Ms. Ranson on December 17th.
a. Chief Chen's Comptrtcl'
WAS

Wiped Clean llofore Be Le,(t

ChiefChenig access to the City network. Mr. CtU:z:old me the same t'hing:: tbnt be could t still enter the system ~ging the Cbief's sign in) but that someone had deleted everything in Outlook. However. Mr. Cruz was able to restor~ tbe deleted information, and be disabled the Chiefs access to the network. Thus, prior to Decctnber 20th~ the ChlefsUll bad access.

When the Chief left on Deoember 17th. Ms. Hanson did nothtng to dIsable his computet 1tccess.. At some point, either the night olthe 11th or on MOl)da.y morning. the 20th. the ClIie-£spoke with Sgt. Kane and asked him to delete same personal ct)ntact information from. bis compt@r.4 The! Chief provided Sgt, Kane with hi91{)gln and pa.s~d. and Sge. Kane WIts able tcJ access the ehiers databal:e. Ho'\lll1:)wx, hen he did so, he found w tlwte was no information in the Chief's Outtook; it appeared to Sgt. Kane that the Ch lei'S fnformation had been wiped clean. On MondaYJDecember 20th. after S~ Kane made and reported thesl) findings to Chief Chen. Mr. Cruz came. at tb~reqllest oftbel: City, 'to disable

I find it very curious that the Cbiefs O«t1ook was 'W:f~ clellt1., npparently bWO'l's the Chiefllsked Sgt. Kane to eecess his. Outlook.. The Cbief could bnve gone into big own Outlook at that point. because Sgt, Kcm.e could mill get in Ilsing the Chiefs login, lIS did Mr. Crnz. This situutioll is very slmitar to the Chief's request to receive cople~ of his personnel tite, wbleh Is discussed below, b. The Chief's

cen Phone

Was Wiped Clean Btlfore He 'Left

erasing all his stored data. When I asked the Chiefabl;)Ut tbat, he said be had been havlt"tg problems widl. hls cell pllOne~IUld he ()al1edNexteJ/Sprlnt for servlce on that date, He told me the service agent IIDd he tried several options to solvQ the pl:Oblem. utt~mo.tety the service agent told Chief Chell the only option rerolllning Wag to restore the mctory defuults on tile phoJle. which Wf)S dona.

On December 16.2010, Chief Chen called Nextel/Sprint, his cell phone service provide!; and asked to have his cell phone set back to its original factory llettings,. f. a..

rut

NllXlel/Sprlnt's service reoords show tbat Chief Chen did call for sel'V1ceon December 16th. at about 3 :20 p.m., but refused tbe service agent's offer 10 try 1:11terna:t.e ways offmprovlnl!
~ Sgr. Kane 11I1t'II\1y told ~ he got this reQ,uestfrom chr"rch;n when tho)' spoke on Mon~ay mDI'IlIIltl,\ hilt the cnierl"~l~ M n~l::~d Kane to do thllion Frida>,evenIng. The timlllgis notcrtlclnl. Set. ""'"

After the. Chiefresigllcd, Sst. Kane spoke withNextellsprint about this iS$ue. Sgt, Kane prepared a written memo to Ms. Hanson. exhibit 12, wl1ieb explains that

4a5'6439977

P.111E!5

Stephanie Alexander March 23, 2011 City of Medina his servlce anrl [nstead demanded 'that his pbo.tle simply be set back to the ihotory defaults. Chief Chen did not reatorc any of his personal infonnation bcfor~ hili meoting wEtbMs. Hanson the neKt da.y, because the phone he turned in to her Wasstili restored to its factory settings. It seems unllke1y lhat '\113 would not bllVe mad~ some effon10 restate at least same of his family or Depllrtment pllone numbers during the 24 OOIJrS betwean when his phone was restored to factory settings and he turned it In to Ms, Hanson.
Co

The Chid's Wod Toucb

WR9

wtp«Id Cbrm Before He Left

Sgt. Kane's memo, eXhibit 12, also explains toot the !Pod touch wbfch Chief Chen retUtned 1<> Ms. Hanson had no remaining applicatione on it. 111Sgt. J(!me's words. "[i]t appeap; that this device 'WaS reset to fatltory defaults.it The Chief; when] met with him. told me thlrl tbe Wad touch be gave Ms. 'Btmsnn boo fle'Ver been used, so ltwas still set at its orisinal faofnry settinBS. He told me it was one of three jPod tour;lb devices that he and Sgt Keno had purcbnsed, in Mtlrcb 2010, the second ofwhicb was in use hy Sst K'.nne. and the third of'wbkh Chl.ef Chen still bad in his PQssession when I interviewed him in Fabnm.ry. The i!!sue oftba purchase ofthe iPod toucb devices bas broader iml'ticatiollS, beol\use Set.. Kane sa.ys the Cbiefbroached tbe subject of i'P«l purchases to him. and Sgt. Ktme told the Chiefhedilj nm. feelsucb purchru;es Itwere worth the cost to the City,d Sgt. Kane subsequently prepared a written statement abouttbi$ issue, Exhibit 13. In'tbat memo. as he dld 'When I interviewed him, Sgt. Kane eKplained that-art Match 16. 2010, the (.'b!.ef came to him and told him. they ware going to the Apple atore in University Village to put'c1ute0 IPod touohes. They (lid that, and. While SSt. Kano was with hIm, the Chlef puwhased IWO iPod tQucn!:ls, for a total of $939.40. &:hibit 13~Tab A. After tl)e Chief and Sgt. Kan~ parted ways 1hBtda.r, as the Appl~ records demonserata (and lIS Chief Chert ndmitted to me), the Chlefreturned to the Apple store and purchased a third iPod touch, EKhibit 13. Tabs Band C. Until Mr. Bolaslnn intervi~ed Sgtl<ruJe on February9. 2.011. Sgt. t<nnc wns unawlll'e that the Cbiefbad pijtclmsed a third !Pod to~C11 an additional for $469.10. The Chiefsubmittec1 the invoices for three iPod touches to the Chy.

an

Purtbermore, the CUys files contalned two memos ostensibly written by Sgt. Kane teglU'dlng'fhe. jPod touch putchases. The first memo. dated MlU"Ch1St 201 0, appears to be a memo from Sgt. Kane to Chief Chen tequesting approvat for the purchase of three iPod touches for the Department, Exhibit 13, TabD. chtcrchCn'ssignature is on this memo, approving the purcbase, dated March. 15, 2010. Thora is also a secol1d memo in the flle, ngnin ptlrportedly created by Sgt. Kane and datedMl'lroh 17,2010, wferenoing the iPod purchases and asking that the (losts be allocated to an office supplies line item, Again. this memo is slgaed by Chief Chen. dated March 16. 201D. ~hibit t:3, 'Tab E. So. the Chiefd&ted his signature the day before-the memo was

~ S!. Kane told me: Ullltthere is lin lIPpllC1ltlon for if'ed to\lcllea:
QlImtml. us\nt the OO'l!<::e!,

tllllt

onnblcs!W user 10 vIew tile City'3 romotcl

P.121"25

Stephanie AleKMdfl~ Match 23.2011 City of Me db'l!L Q9telll!lbly l'repared by Sgt. Kane. When 1 intervi~ two memos were sent to him by Sst. Kane. Chief Chell, he confinned that tbese

was prepated on a sYl'Item using Chief Chen's password and login. Funhetmore~ their work reveafed that this memo was created before Maroh t 6th) tne day the IPodlt we~e acttmlly puruhased. and the:first time Sgt. Kan~ knew the Qltief'intentled to carty through an hIs plan to acquire Q.n.y iPods. Thus, it IIp'pems that Chief Chen famely created these memos. ltttribtltitlS; them 10 Sgr. Kane without Sgt. Kon"'s 'kno.wledge, and that Chi~ Chon purchased EL tblrc! IPod to~ch at the City's Cltpense; withou~ reves.ling to Sgt. Kane that he had dono so. Furtherm()re. Sgt. Kane explained to me that abr he examined the Wod touoh thllt not any ofilie tfu'ee iPod touches that the (llJiefputcltnsed on March 16th. AccoriliL'lgto Sgt, Kane and Lt. YourkQsld~ the:serlal number on that !Pod touch differs from the se:rlal n umbers of the Wod touches that the Chief purcnased on Marc:h 16th. FurtbetJl1or~ the lPod touch the Chlerretumed to' tho City has a different storage Capllcn,y (8 GSs) than the three l.P~d touches tbl'lt were purchased on Marclt 16th, each of which was 64 GBs. Therefore, it appears thltl: the Chtefhas not returned either of «he two iPod f.otlcbes he had in his possession after March 16th.
the Clt1eftt.ll:ned in 10 Ms. Hanson, hEll"allli2ed it was

wcrktng on the Cityts computer

Sgt. feMe dentes that he eVetl'tapllrl'ld eitbor of'these memos. The Itoonsultants

mes were ab1e to estililish

that at least one. of these memos

issue In paragraph 10 ate! two parking citations which Sgt. 'Kane Issued on October 6, 2010. Sgt. Kane says he fold the Chief about the citations} and the Chief took bolb and said he would handle the tnatiel". The Chie£returnc:d one of the cItations to Sgt. Kane, who processed it as he would normally do, Exhibit 13, Tab F. ffovrover, the other citation was never processed, and the ticket is missing from the Citjs files. Sgt. Kane said that nonnaUy the Cbiefwouitf hllVe returned the ticket to him, possibly asking Sgt. Knne 10 write a memo to void the ticket if the Chieffelt fhe;:rewas a reason to do so. Chief Chen never returned the ticket to Sgt.. Kane, Theml)re,. Sgt. IQu!e to ld me, the. assumption is that Chief Chen desb'oyed tOe second citation without informing Sgt. Kane that he had done so.6
d. The Chief'~ ~rsonne) Cabinet

As is slBQ discussed In. Sgt. Kane's wrlltCll statcm':lent,atpamgraph 10. these w:e not the! ollly issues wllicb Sgt. 'KImel beluwea involved inappropriate actions by Cblsf Chen. The

'Flit! W"s Remond

From His lrQck~d Omeo

Ms. Crum explained to me that Chief Chell' had a locked cabInet in office to wruch only h~'had access, That cabinet ~ontainedthe personnel 'files f()t the Department as well as otDel' documents of a. oonfldelltial. nature, s..g., \nteroal investlgations files. After Chief Chert left the department, Ms. Baker bad that cabinet brought Qv~r to her llffice and the wok cut off, since only tfle Chief held the combination and 1\0 one else could acoass the cabinet, Ms. Baker then put a new lock on the cabinet, and only she an~ Ms. Crum have the
6Thera 111'0!ltnor ~.ampl~~ ~r!hlj plIlIslbfemlslumdil1'lSoflnffic llilRliIln9 by Ill!)CIlJefthllt hava ~urrucndsince the Cflf!rl's roslgnat!on, whlcb I wlJl iufd~ ill nlalllr BllcUon 0\1 this repQrt;. . _. _

rna

425543SS71

MlttIlh 23, 2011
City of MedinI:'!

Stepbanl~ Alexander

combination to that look. According to Ms. Crum. onLyshe, Ma, Baker lind were present when toe laok was cut Qff.

ora. Martin

After t'he camet was opened, Ofe. Martin, Oie. OidaB, and Sgt. Kan~ asked to rcview their personnel files, and Ms. 'Baker granted them llermlsslon to do so. She removed t'heir .files and gave them to tbe officers. SUooequently I asked Ma, Baker. as part r:1f my from the Seattle Police Department, whlcb I had bean told were in tbat cabinet. 1 HowevCl', wlien Ms. Baker attt:mpred to retrleve the dccuments 1 teque~ she learned that they were flU miBsing from 'the cabinet, I bave no explanation fot why those files should be missblgt unless ClliefChen "tOokfuem htmsetfbefore he left. his IYffice. Both M~, Crum and Ms. Baket: i'Old me they never saw the files after they opened tho cabinet. and there seerns to bEl no reason why thor wou.ld remove !ham. In }tis JattUaty 21. 20111etter the Chief demands a copyofhis pllraonnel files. Xquery whether he made this demand.llke he 2!lked Sgt., ltane to ftm\Ove some ltlfarmatil;m from bis alreooy.erruted Out] oOK .files. with fun knowledge of what would be discovered when an attempt to fUlfill bls l'equests was made.
j

ifl:lJeStigat.!{m. pull Chief Chen's personnel 'flIes and the recerds related to his resignt1tion to

simply ended ut) with IlXIl'n fUnda, since he did tlllt h~veto ?ny fOT hIs hotel. lie u\&gsaid tht~ wns, fn I,ls opinion, I1Dthil1~ more slgl'llflcnnt than keepIng the fh:q\Icllt flyer mHos one gcts fur J!tlDkIng their own nirf~e fer 0. wonvre1~ted trip. But some oftOOintarviewc.os told mlllllnt t1l5 onJYT()Il~on the City ofScnU!1) inJti!tlatl Illcludlng hotell1xpClIsas, w!thtluta fllcclpt from Ihtl hotel, 'Tho CllyooUed ~hDhatol10 verizy Ih~ costs for whic:n orq, Chen had requested relmbuL1l\lment, nnd thus learned ha had submitted II false ~lmbursement request J do not know whinl1 ...erslon orthe rllc!s \a accUrate, altflougb,UU ono of the MPD officei'll polntllll out. If ore, Chen I11ltfeceIVed hIs tta"e!1 fund~ In ad1ftlnco, thlll'Q wlluld hn.vo beallllo I'IIllSlInfor the City of Seattle r
te cllni1lllHhll hal!)l about hIs (ll{peuses.. en mll'llltI! hWQ~tigaUDn lilto Ofe. Chen"
ctpenlllls WIlS btllmuslll1!!

1 !Inwe nU!ClsIRlIlIs!1ed the fil~tssurrDttnd1lls (thiln Ch3l\'s t'IlBrglmtion frcm tho Scnltle PolI~1l Del1~li!1mIt, 1I1thouSh it l~ known tIlllt he reslgned dUl'ln~ lin InretllBI afftl!rn rl1Vtl,gtillaltcn hy IhBt Depnrtmont. AWarontiy oro.. eben had fll1ended II wark·related meeting In tIll! VCB!ID IU'Idbad hls room tlcomped~ b.y the hclel in whIch he Gtnyed. Some ofilia MPD OWOlilfilI Infervlewed told me tbD~Ofc.Chen then submitted II travel vDuaher to the City ofSllattle wnlch InCluded batot CllSilI, desplltl tM fact lit: lind not In~umd Ilny auch com Cht~fChan told m& tbathB I1ttd (:Iltten 0. per diem aUownn!:O ih;Jm tha City be(Qretl,e trip, lID he had

oro.]

t;llbmlt:b:d

D tfnv~1 vlltlcl!arllfterthc

ttlp.

To~ee6.!J429699

St~l1anie Alextmaer Matoh 23, 201 j City of Medina ~, Th~ ChIef Put Up tho '!EmptIlY(le.of the Yenr" Plaque ~lte Day He Resignoo

particull.U'ly because the Chtefhad sald nothing to him nbout receiving U,c award. '111\iS~ althousb this is a perhaps D. miTIor inoldent, it did make art impression on some ofll\e Chief's staff. In hindsighl. they view his actions as indic;mti-.;eofhis intent to leave the Department. t The Chief Canceled
$\

behavior on the day be resigned out of ohlll1'lCteI', See exhibit j 1. She described tho.Chief as ugiddyish" tbroog!tout the da.y. Ms. Crum and others WBl'!;I struck by the fact the ChIef mount~d the IlEmpIoyee oftlte Year" plaque on the vmt Itbat day, before his meetIng with Ms. aa.nso~ Without hll.ving made M nnn01lllcement in a staff meetinG aoout the recipient (Sst. 'KtU1e)~as was custOI.TIIUY. a Sgt. Knne told me be also fOl1ntllhis very UTlusl1nl,

Ms, Crnm. who work.ed very closely with ChiefChetl, told me she found the Chlefs

S~hcdulcd SmffMeeting

The. Chief had met wIth Sgt. Kane and Lt, YOtlrkoski on Decembee 15. 2010. aftet bis intenIiew with Mr. BoJasina. to discuss t'he agenda for a sta.ff meeting whipI'! tbe Chief llad scheduled fur December 20th. The next day the Chief canceled the staft'meeting, telling Lt Y()urkoski that he would be "unavailable.1I Sgt. KIUle:and Lt. YourkosJd told me they now believe he cllneeled that meeting because he was plannlns to resign. 13oUl,officers told me ihe Chiefs behavlor at tbat tlme was unusual-that he seemed fldistracted. C! The-Chief told me he <ltmeelcd. the meeting bectttJse he was going to be on vacatfon from the 20th thr{)ugh the 2lrd of Dec amber. EowQVet"JMs, Hanson told me the Chi~had not requested vacation at that time. and the time card be turned ill wtth his resignation only showed a leave request for g hours on December 24th; it not show any vaeatlon time for the 20th .. 23rd.9 Aga!n, thisissua Is felt by some ofllie Chief's Qfficers to be. indicative of the ChIef's intent to ie!WCthe departmErot on December t 7th. They believe be planned bis departure, and took sevet1l.1advllnce actions to facilitate it. They. tl1qrefore, also believe Ms. JImIson's ~r.~ion oftbe Chiefs resignation is the tnle one. because they feel it comports With the Chief's acti.on~ In the days between his fnt.etview with Mr, Bolj:$lna and hls resIgnation.

'When l {lsked ClIicrChen ifll~ hnd put the: plnl\ut! up 01) 11m!d:tYI he SILld, 1'( mil)' have, bll~ I dD no) NClJ(t." ~ Ms. Hanson teld ml;l,LIuI~thl) employee who haruJles knV4a p~11iQl1\llly mnrkod ChlBrCllon's tlmll c;mtd with Chiefs timo ~d
til rBficot!h1!

"u.l:cuicn t{wDullh DeC<lmb!}r J lSI, SLI1CIJ is \"Osignm[on IClter il\ld Ill~ fllsigtl:!.liol' would be cfl'er.:tivo onll\lIt h dnle, \VI1ol1 ClliefChcn wo; put 01\ nrlmilllstrlllive IWlVC on Deeomber 21~hthe ~llrneemployer: clmllQ,cd the t

futuro

ICilY"

M ndmlnlstrutlve, npt for VllOltian.

--------

P.;!.SI'8S

Maroh 23, 2011 City of Medina

StephMie Alexander

g. ChiefCben nnd S"t. Kan,l!l Tolellbono Con'\lersatton on the
'Evening the CbiefRelli~cd

Chief Chen 10td me that he went out lor dllU'ler with his fnolIIy the night he resigned, only because it was Ids daug'hter's birthday. Chief Chen desedbed hImself as very upset th!lf evening. purportedly because he had been forced to resign that dayby~. Hanson. Howewr, he said, he tried to hide his mood beoause of the oeeasicn. The Cbiefbltd me be called Sgt. KlUle that evenm g because he remembered there was some tl£ h ts family's personal data in bis Out:loo14 and he asked Sst. Kane to delew tbat~ 115 I na1fe alrelldy discussed abov~. Sgt. Kane Told millhe had tried to reach Chief Cben EI!I soon [lEI be heard the Cblefbad reslgned, beea:use be and Chlefcnl;!n bad been ~(eJosa,l!lind he was shocked by the Chief's resignation, Sg1:.Kane 11l1ict he tried tbe GWl!)fsDepartment cell phoh~ butthe Chief did not answer, so Sgt. Kane them called the Chief's da.1Jght8J: a.nd asked net to have bel' dud call1lfm. Sgt. I.'<unesays it was about 9:00 p.m. when the CbIef relWbt'd him. lind that the Cmefseemed "almost giddy" when they spoke. Aocordlng to Sgt, Kane. ehier-Chen sald he "couldn't be better," and tbat Sgt:.Kane should not w(JnY about him. Sgt. Kane added that the Cllief alec said, "You krmwwbo I am and 1 gatta do what I gotta do." In Sgt. Kane's words, "t got the impression from him (1hat night] that he rcsiBtled under his own terms.'t This descriptl.Qn ofChte£C]\en's beha-viol! on the nJgbt he Iesigoed contrasts sltarply 'With how ChjefChen described hia mood to me. h. My
CODCrua(OR

RegaroEng Tbese lssue8

T~ken !ndividllatIYt any onltes~examples Illa.y seem: sptlocwative. However, I find tho totality7 especially when coruddered In.the light with which ChlefCben's Qo"Workers view them, to be persuasive indicia oftbe Chief's intent to resign. Thus, there are many faets that I conclude support Ms. Hails on's.verslon o:tthe iSlms ofthe Chiefs resignation and disnredit ChlefChen'1l stor,y.
B. ChiefCllantsPracticc ofVniding'Tr:affk 'nck.e:ts

1 have already discussed the iSllUe of the two memos about the iPod toucb device!! thatSl:.~ Kane denies having crente~ although they are written as lfhedid1 and then sigl1eti by ChiefCben. The facts indicate that Chief Chen ~reated thoSl) dQ\:'~mentsfIXIQ tried to make it look as If Sgt. KElnchad done so. After his resignation. the membecs (If hls Depertm~trt also disoovered £InomaJies relaf:<ld to voided traffle tickets thnt they believe indicate mora Inappropriate behs.vlora by Chief Chen. tnclmllng additional falsified documents. ChlefChell prides !limaelf en having lIput togethet a. oomprehenslve policy and procedure manual for the 1v.WD." which} since 1'1" wag hired for the express purpose of gettiag the MPD acaredited, WEiS hls job. However r based on my dIscussions with him {t is appBtent that he believes he has very broad authority and discretion with regatd to most issues involving the MPD. His predecessor implemented !I. General Ordec in JOJ'Imtry 2002. wlUch addresses "Voiding 1nf(actionslCltatlons." Exl1ibit 14, 'fbat GIi!l16ralO.der provides

iOHW644E.SS99

Stephanie A1exander
March 231 2011 City of Medina

Je;'ItMdd1.1ringmy interviews wIth tnembers of thE!Department, that the ttlllsons a ticket ma.y be 'Voided run a!cmg the lines of ofticeL' error. er unusual ciramnsta.ncl!:&which make voiding a r~lIsonabte action (e,g., the officer is in th", midst of writing the ticket and gets called awfl,Y
for Allemergency before baving time to finish fue pt~S8). Howev~, the practica und~ Chief Chen is that he is the ultimate l1ulhodty Oil voiding tickets. Therefore, if an officer dctennill~ga ticket should be voided, be write~ a. memo and clq'hlltls tltc c{f:cl,.tr\,stancesand the ten$on for determintng the tlcket should be voided, and then gi:ves that to his supcr'Vlsoft and the memo thug goes !lup the chain of co1l1ll3atLdu the Chlef. Iftlle. Cllief approves the reqlW$t, the tIcket is voided, and then 10 retained (as ere eoples of aU tickelslinfracllonswritten). Baselo on my ln1etViews.l cono[udE: that in Medina the Chief has elected to eserelse his own personal preferences or discretion to void some tick~s, even when there was not IUl issue of officer judgment or errl:n'of Il1.w. In Septemb.~t' 2.009~Ofe. Girlas ticketed fl. driver for having expired license tabs. Ttw driver told Ofo, Girlas that she "would be talking: to CbiefCben,. ~ and Of~, Gb:las 'Qld hee tlmt'Was her tight. Subsequ~ntly~ Ofo. Gitlns happened to see a ~Dpyof that tioket and 11 memo from him lo Chief Chen, l'equt;\:stingthat tl1e tlckcl be "aided "because fhl: drlver/oWltor af the vehiclo origtnatly cited \IJ1l9 abI~ tl) produc" proof of cumnt "ebi.ole registration.1I Exhibit 1S. Ofo. Giri(J.S was very upset when he s~w the voided ticket atld the memo, because he dili not write the memo> or reljuest ~batthe ticket be 'Voided, or ever have any discussinns with Chief Chen about the tl.cket Exhibit 1S. Ofe. Girlas reported tb.is mntWr to Sgt. Kane (w'hloh Sgt. Katte con:flrtned to rue), and to U. Yourlooski. I asked Chief Chen about this specific memo when 1 interviewed him, and be told lne that Ofc. GiotIS had writtel1 it. That does not Ilppear to be 1tJ.le. There is anoth~t' eICaIn'pleota simUar incident involving tbe Chi ef's declaion to void without the Issumg officer'S knowledge, This enmple involves Ofu. Martiu, and the ticket he wrot~ VYtIS for speedin~. during the spd,ng of2009. ~hibit 16. ThIs driver !lFPtu'entty contacted Chie:f Che.n and allegcd 0&, Martin WIIS motivated by bias In issuing this tioket, altl10ugh Oro. Marlin told me ho knew nothing about that untlt M~. BolE1Sina raised the issue duripg their intt:rVlew nearly two years nfier Ofc. Martin wrote this ticket. What Ofc. Martin dOft!$ recall is that Chief Chen spoke to him about th~ IIpoJiticsl1 of the matter. and suggested that the tioket should be voided because ttl: could be given 1Ileverngell if it were, In fact, the driver was the spouse of a O'llrrent Ci ty Council member. oro. Martin does not recall eve!' voiding the tIcket, ot prepadng u memo to 'IIalidate his request that it be vOlded,lO He does recall that eWer-Chen 'limpliedll dun he should void it, bllt did not direct him to do so. Exhibit J 6. Ms. Crum to1d me that she overheard the dls(ltf:mion betweeIl Ofe,
fl. tIcket dOllsibly
'P

that PA notlcc of inti:nction may be voided ifVJI:itten in errot' of law. judgment. or olrcumstanee.n The General Order il1dieatli!8 that the MPD procedure for voIding tickets is initiated by the officer: who 'WrOtethe ticket and then forwarded to the officers supervisor, and ultfma10ly to the Lielltenant for fmel approval. The Oeaetal Order affinns wnat J

Lt. Yourl«lsk.! 10Id me wnt after Ill'ltafvk-.wctl Ofu. MRrlin uQDtlt LIdstioket, 11momn widinS III~tickot.

000. Mortln deuJes that 11ewr(Jee thfs memo.

prepared by Ofu. Martin ~~ approved by Cbl~f Cllen, om bte[! ,.",und. Aocord[tlg to Lt. YOUl'ko.~lct.

4e5S439977

Stephanie AleKander Marab 23,2D11 CItY Dr Medina Martillll.ttd CbiofChen~ durlng whiob~ in her opinion, the ChiefWlls l',pullhingl1 Ofc" Martin to void the tIcket Lotar, ah~fln.YIl',she dld get a CQ'PY of the 1{oided ticket (she does not know who actually voided it) and atll1ccompanying memo, signed by CbJef Chen. and she entered the reoord of the tioket into two systems. as is her pracUl;:e. However, now the ticket is mlsslng which mean!!. acct)rding to Ms. Crum, that someone retrieved the ticket after she bad entered it 'out before sbe could if..

me

bappened to see th~ void~d I:Icket.,be made a ml,lotal note' of. it because tho Chicf bsd carlk:r told him this driver's spouse was: go lng to run for the CounoU. That voided ticket Is now llIl$~itlE.frQmthe MPP files. $06. attachment to QJl:l!iblt16. Accorolngto Lt~Yourkoslti, it is also the onty MPD gp~eding ticket that baa been voided in at least three years. Lt. 'Yourkoskt cx:phllned to me tbat after the Chief resigned. Ms. Crum mitrtak~nly thought that the State Auditor was corning into 1he MPD il'1 early February to do its audit of the MPO tra£f'1O tiakElts. Therdot:$. she and Lt Y DurkcSkf undert(lok their own audit of till voided tickets. to be prepared for the auditors, They dl sCQ'Vered fuere were some missing tickets, inclndlng Of,c)..Martin's speeding ticket and anotltef ticket written by Sgt. Kane. In that case, Lt. Youtkoskl told me that he asked Sgt. KIuIe about the ticlret, lind Sgt. Kane recalled that he gave the ticket to Chief Chen ufter the Cblef asked him 'fur it. Sgt, Kane never S4W tho ticket again. and it is missing. See. exhibit )3, paragraph 10, 'the conohmlDu offhe officers 1 interviewed ls that CbiefChen has gane behlnd their b.aok.3 in some instances with respeetto tickets they h.a.vevnitten, and either created documeotatioll to support his aotions. 01:slmp1y desttoyed the actulLl t\CKe1S.whtch is at least a vioiatior."l Qfpolioy, and probably also QfState regulations (althougn J have not researched this issue), When Iasked ChiefCnen about these Issues, 'ha told mil that he has the ultimEl.te authotlty to handle the disposition of tiekets because be e:ffCotlvely serves in the capacity of MDgis1rate for the City ofMcdinl'l. Clearly. he does not believe that Qnyone should cbaltenge hig llutbotlty in this resard, but his officers told.me titey bel[ev~ his actions are ind~fensible,

spouse bec~

Wben 1 discussed this with Chief Chen, he noted Ihat thiS' tioket was 199ued to the spouse of 11 City Counell menlber. but he told me tnis incident occurred before the dri'1lot's

a candjdnte for the Counoil. Lt. Yourlcoski,however, told me that wben he

c. Chief Cken's

Aettom with RGgard to His Tnt.:ln'lew With Mr. BolllStOIl

Cbie£ Chen has an explanation fOT the dispadty' between tna written statement Ml'. Bolamna prepared regarding their interview about the MX Logic System and the Chiafs views as set out inhta ~anuary 27, 2010 letter (and d~lrlngour interview). He says tbat Mr, Bolasina essentialty misunderstood nll his an swers because ChIef Chen assumed Mr. Bolawna was questioning }tim only about mmuthorized scoess to the MX Logie system. Because the Chief maintains that he was always autborized to enter the MX Logic system, he thu~ denied many of Mr. Bolasinll!s questious. He (l'Q'lained that it was only near the end ofilie interview thnt he began to realize that Mr. Bolasina was concemed about whether (,..hIe!Chen had been accessing the system without authority. [am not persuaded by the

StepblUlle Alexander Mru:uh 23, 2011 City ofMedintl

likely t1mn not tl1at Chief Chen knowin!)ly answered Mr. Bolasma's questIons falsely. and then. atWt urging from most oftb.e Clty QfMadlna Council members) II deeided he needed to rescind bls resignation and thus W~ forced to oreate an explanation abOllt thQdisparity between what Mr. Bolasina and Ms, Baker heard hlm 8a11 and what he needed to I'have on the tecord" In order tojustHy rotaining hispositlon.
rtwns 30 days after Mr. Bol!ISine. tleot the draft statement to Chief Chen before Chief Chen responded In any form to Mr. Bolnsina, The Chief admits he read the slafiAnlcrltwhen ho received it. 110'claims be did not l'CapoTld because he lost access to his Qom?uter ott the daz.rlie resigned) but that is: .JIQt true. He had access to tho network through his passwC!rd nnd login fur S da.ys after he received th~ statement. He now ctaim!! the draft statement ;s "a grossly inaceurate characterization aflhe facts,ll and, aCllording to his Januru:y 27th letters he made that detet'nlina.tion on the day he received Lt. It does not seem oredible that an expetienCl'l d police erne£; with all the aloltborityChief Chen hIlSapparently enjnyed during now says he did respond by gclng to Ms. Iianson to discuss the draft; Ms, Hanson SQjlS she has never diso.Wlsed the issue of the draft or his access to the MX Logle system with Chief

Chlefll explanatroll, because several fuctors cast doubt upon It. The facts {nd[cate it Is more

his years as Chiltt"in Modinaand hismtperience in litl~tion, would fail to respond immediately to such an atJegedly false and mi~l~ding smtemL1nt sent by an attorney. He ChenY'

Wben Ch1ef Chlm did finally ~sJlond to Mr. Bolssina, he fIllkedfor advice about howto "clarify !he issues oovered," e1(lIibit3t and Mr. 13olllllillD. resent the dtaft on January 18th. Chlef Chen then said. on JUlUJar)' 23rt!. the:!: he would be sending tll'ltlcura:teand corrected infonnatfon. whtclt he never did. Instead, he drafted his letters of January 27th and 29th, in which he attempted to validate hill actions with respect to the interview and his fai1\1nl to ~()nd 10 Mr. Bolasina. However. hls "explanation" tnat Ire allsweted Mr. Bolaslna!s questions on ihamlstaken belieft1mt Mr. Bolssina was on1y inquiring about Imautllorized accesa to MX Logic does not seem reasonable, bel)l1lJ13'e ot al1 ofhls answers n to Mr. ~ota!lina.'g qnesti(l1lS can be explained Wit'h that t'il.tiopa}e,
j ,

neve! been given a. login Ot' PBB~rd for the system at any tllll~ OL"or any reason. Ms. f Baker and Mr. Bolaslna affirmed when r interviewed them thatthiflltad been the Chiefs response, as it Is set out In 'the draft: smtelllent that Mr. Bolasina, with Ms. Egis

F()1'elW11pfB, Mr. BolPSina asked ChIef Chen ifhe had ever bean given a. password and login. fQr the MX Logic system. Mr. Bol$llna. also added clarification to his quesUon by explaining !hat it was his und'eMaudLng that Chief Chen had been given Ms. "Saker's logIn and password atone P()int. During the interview. ChiafCben dented that, saying he had

concurrence, sent to Chief Cben. Even if the Ch;ef bad been confused about the context of Mr, Bol!l!lina's questions regarding whether he had ever accessed the MX Logic system. his
IL ChlefCrn:n mid me he IInS httd dlsCIJSS"iolls wllh aU but one oftl1e current cltyC<lllncil U\illl1 enCOUl'aged "im to rescind hig reslgnlltlun,
members, nnd ellen of

l~ Ms. Keblor Iljgt) sltlt~d \lint pal1:{JfChiafChe~'g responae WIlS Ill'sl!Oklegnl Advice (worn someone otfier thnn her). hut tatar she told rna she bnd not b~Qnnccllralq l'tbollt the ~!mlng ofChlefChan'$ sneldng !ogo.lcounsel, so ahe IUIkadme to discolUlt her statements.

Stephanie Alexander MaroTt 23. 2011
City ofMedltllt

W~$anIy

inv~!ltfgation: be has been deposed and answered qneat.ions under oath in the "(last, and he had cond'UPwd investigations himself
J

as!ciJlr;him. ~bout unautnol'tzed access 10 the MX Logic systam. Again, Chief' Chen is not a novice when it come!! to BI1Swe-rtng questions from an attorney, or during an

ratiDnale for his lncon-eot al'l9WI)l'Sis not applicable to the qua9~lon ~bout hls having 'been siven Ms, Bakecfl ])ru!sword and login, Therefore, I am not convinced thlle the Chief's answers during the entire interview were predicated OD bis mistaken b~lleit.hat Mr, Bofaslna.

Chle.fCben told Mr, 'aoiaslna and has repeatedly stat.e6 s\t~ce.1hatMs, Cl!\lm. atone point showed hint a.password lind login fur tIle MX Logio system, which he instructed her to ·'fite. aWAy. It MG. Crum 11Mrepeatedl), denied thllt, including when she was l'Iake~ about it by Mr. BoltlSirrll during his intervlew with her. &fr!bit 17, pamgraph Ci, She tolcl me that she bas never kn{lWU how to access archtved entaLls tltrougb fbe MX Log! c system. I ruso asked Chief Chen 1£he ever asked Ms. Crum about the password Bl~ebad ~l1eaedly SllOMl him after he told her to file it away. nnelhe snld, "no. II However, Ma. Crum told me that Chief Clten oaned bat into bill. office on December 16. 20JOt tlmday after bi!lin~rviow wIth Mr. _password and then put it Into a file. According to Ms. Crum. she101d Chief Chen thlltiJbe had never done that) and that sbe had never bad B. password for MX Lagio. Chief Chen told her she probably did not remember, because she had not used an MX LogIc p!l$Word, then said they should not be falking nhout !he issue find eaded the conversation. Chief Chen also states in his JlU\uro:y27m Jetter that td1:erbe "borrowedn Ms, Baker'~ login and :password,. bis own logIn and password were: prtJvided t6 him. "fhm 13not true. In fact. Cbief'Ch~n was never provided with his own Pll8!lworo and lomn: he only hsd Ms. Baker's. Then he states. nAs a ptactioal matter. I continued using the: password thllt J fll1.d originaUy been ptnvlded." And when I askfila h.im why he continued to use Ms. Baker's, rather thao his own. he Silid it WIlSbeeeuse he had lloonventently tucked awayll Ms. Baker's access cades, so he simply continued ro USe those, FUT;thermore. although ChietChoolIldicates in his January 21th leU:crtll1rt 1>[B]e'VeraJ city employees have their own. 10 gin and tm~ord to eeeess the MX Logic ~l\!m.!I that ia false, ThG access to the MX togio aystem has been cnref'ullY1'8strioted1.;ytbe Ci'ly toMs. Baker, Mr. Fischer. ~nd~ for a. "datume. to a temporazy employee wIlo,~ assisting in respollding to PDA requests. Eve" the CIl)1Mant:lg&r doe:~not have acoes» 10 MX Logf/; system It jg accurate that Chief Cben gave Ms, Baker's login ~d P!:lsgwordto Sgt. Kanl' for sooaas he completed ms tasK.. Therefore, awarentty only Chief Chen Wall us:ing the sysfem without the knowledge of either of the authorized users or anyone else Hl tne City.

Boissinn, and asked her whether she hed told Mr. Bolaslnll that abe had shown the Cbtcl'a

tl1cspecific pUl:pose of an infel:!.lru Investigation, but Sgt. Kane destroyed UlEltnformation as i

After Chief Chen admitted to regularly accessing MXLog(t; 1he tssue that Mr, Bolasina was investigating was effectively mooted. Assuming that Chief Chel'l belleved he bad the authority and the right to u~l!e!lS MX l..ogic system, and thl1t there. Wa3 notb ins the inaflPl.'opriam in him doing so, there remaIn unaoswered questions Il.bolit tlJe sratornents he made to .M:r. Bo1asinn and Ms, Baker. I de;)not find t1lat Chlef Chen has provided a

TO:2iasq.qa9699

P.2B/26

Stephanie Alexander March 231 2011 City of Medina satisfactory explanatIon, despite his extensive efforts to do so. Addlt!onllllYt both Mr, )3oiatlma and Ma. Baker told me that t:hcy cannot a~eopt the Chtefa a.ttempts to "ctadfylt the patently false fnfonnatlon he provided when tbey intervIewed. him. Ms.. Baker told me that ah~ d ld not feel Chief Chen was tJforlflilomfng" durins the Interview. gIle said he refused to li)ok at her. that be seemed to be in a htll'TY to end the interview, and that some ofbis statements contradicted-her own knowledge of the facts, She also assured me that Chl~f Chen had ample opportuni ty to ask for clari£ioatiQn 'from MI'.l:lolusina tfhe had qUestions or misgivings a.UQutthe inteme.w) and Chief Chen toM me be was ntl:tden\«i adequate opportunity to answel:' the question!:! dt1ring tlle interview. Ms. Baker also confirmed that the written sliltemelltthat Mr. BoJllSinll prepared accurately reflects what Chief Chen said during hls interview. D. Chiof Chen'r; W'biatleblower ClAim CbiefChen asserts he "blew the whlstle" on Mr. Ftscbe.'I"Sinappropriate access to tbe :MX Logic s),stem when he reported hls officers! dIscussions with Mr. Eagon about Mr. Fischer's practices, However~ both lv.fB. Baker and Ms. HMson confirm ed that they were atreadyaware of Mr. Fischer's ulll:!.'Uilinriud access to MX Logic !;e/are Chief Chen came to them with his information. In faot, Ms. Baker showed me !;'om~ t:tmte:ml'oraneOlls notell she bad made about IDe dates on which she diaG1lS~fld this IS!II.Iewtth Ms. Hanson. Her t1rst knowledge of the mlltter came 'With l1er discussion with Mr. Eagon about It, 011October 20, 2010. 8M first reported the information to Ms. Hanson on October 2 t lit.. CwerChen dld ntJ~.report hi!l il1fonnaticm to Ms. Hanson until October 26th. Accordingly. there ill no merit to ChieifChen's claim tbat he is protected bywbiatleblowsrstatus. E. The FRcts Related to ChlBfCbonla Retul'n to Work on Deeember27J 2010 There is further disparity between what ChiefCben says about his return to work on December 27, 201 0, and what ethers reported to me. The Chie.f SllYS he no tiffed Ms, Hanson via .Voicemail that he would be coming back to work Ibm day; Ma. Hanson denies that. Sbe told me tltat Chlef Chen's letter resclmling his reslgnatlon came in 011 December 23rd. wlren she was not In the office, axhibit 9. She also said she would not bav~ known, until Chief Chen ca1Tetlllcr on tbe 27th, askIng to meet with her, that he had returned, (lXcepl for thb met til£¢. other members of the Department had told her 1hat h4 was intending to come In tbl1t day.

sgt. Kane told me thst he received two volee mai] m~ssage.s: from Chiei Chen 011 December 25th. In the first message, according to Sgt. Kane, Chief Chen said. III am resoinding my resignntio~ and I will be coming In on Monday. 1 will be changing the eommar.d chart, liud you wiU be reportJ.ng ditectty to me [when 1 return].!! In the seo(md message, Which Chief Chen left for Sgt. Kat)e about 5 minut¢s after bls first message, Chief Cben said, "Do not t~k with anyono about me rescinding my resignati Oil," Sgt. Kane said that put him in an awkward sltua1ion, beclUlse1.t. Yourkoski Was the ACtillg Chi of, and thus his supervisor, Tbel'efore, he decidea be needed to let Lt. ¥ourkQski know abtJutCbier • Cben's messages, and be called Lt Yourkoskf the ut%.t day.

42S6439971

Stephanie Alemmder Mrrroh 2.3; 2011 City of Medina. Lt, Vourkoski then called Ms. Henson abotlt the Chief.s In!2nt, and both he and M1t. Hans® were oo!Jcerned about Ms. Crom's reactio\1 if the Chiefte1tlrooci. because Ms. CWfIl had been very upset about the events SUfl'Oundlng ChiefChen'a res[gnlttion. So, Ms. Hanson called Ms, Crtun to suggest that she nbt come Into the office on Monduy, but Ms. Crum also knew about Chief Cben1s plans because he had called het' directly and said, 1I(1l{ see you on Monday~ und al1 wUl be well,11 Cbief ebeu said he told her sho should taka the day off; Ms, CW!11 told me that is not accllrate and that she had already requested to tate Monclay off. Chief Ch(:!l came into the Department on Monday momillg~ IU1dLt. Youdroski and Ofe. Oirias w~ro both in the offieo. Lt. You~koaki pCQPllred a writtett statement of the ,vents ofihai day. Exhibit 1 g. According to Lt. Youdroski Chief' Chen was lJ!noreaeing1y agitated and was not asking as much as ~el'ru'lt1ding." and his. demeanor made Lt. YOQrkosld ltl'lxtremaly uncomfortable. II Lt. YOl1rk.oski alSI) said that E:S theit interaction progressed. Chief Chen became "more and mote' angry-,It and that Chi ef Chen~s behavior made bim fuel nmre I Will! being bulUed and intUni~ated.CI Ex.bibit 1S.
j

Ofe. Glrial.\'told me tbat shortly after Chief Chen came In, he told Ofc. Ofrias to 'Ihit the street, II and Ofc Girias went outclide. Ofc, Girins also said tI1at Chief Chen was "very confident and detennlned,l> and .Ioot real friendly-his mind was elsewhere. II Be added that Chief Chen !laid. lit will be: baott;t II Chief Chen totd me that he was ~ctmcemed nnd frustrated. II that day, bl)t he denies Lt, YourkosJd'a allegation that he was either disrespectful or intimidating. When Chief Chen met wtth Ms. Hanson, she told him tfrnt she would need to oomact the City Attorney before deciding how to handle bis retum. apil she asked him to leave work. Later tbat dB)" she sent hint the email placing him On pald administrative leave. Exhibit TO. F. ChiofChenrs Allcgatinn He Hall Beon lWtnllated Aga'nst In his Januazy 27th letter. the Chlcfalleges that lT~has been reialiD1cdagainst by being forced to resigo) by being put on ilcimil1istrative leave after he. rescinded his resignation, by !J1.1ffiring damage. to his reputation because of the notoriety that bus smwunded tiws~ events, and by the 11'1terviewwith Mr. Bolaslntl.lUld the resultant statern.et<t Mr. Bolaalna prepared. As I bave discussed, the facts do.not support Chief Chen's allegation tllat he was forced to resign. Instead, the fll~tsind icate that only in hindsight, and aftet receIving ttle supperrt of the Medina City CO~Lillil to resc~M his remgno.tillt\ and ratum to WGtk, did he elect ta do SQ, As for being placed on paid administrative leave, that was aPPBtent!y a decislon oftbe City Manager and tbe City Attorney, and it is not my place to jlldgc their decision. With respect to the "notoriety" he references! it appears to me that Chief Ch~t1lms fomented much ofthllt notoriety bimElett; by tlom'pos!og and wtdety distributing lenq;thy ieUetS expressing his viewpoint. H~ told me be did not give bJs lettel'G to the newspllPet. and I do not knowwhc did, but it is certainly not surprising that the lettet'flwould reach the

4ESG439977

StephanIe Alexander
March 23,2.011
City

of Medina

press. In addition, by his own lldmwalon chte£chenltas bad numercus dl!lQu!lslonsabout this matter with members of the public. Finally,1 have above Bet out my findings with respect to Chief Cben's interview viith Mr. Bolasinll. J do l1£1t find anything inappropriate ab(}uteither !ha process Qt the content of that interview. And .again. it was; only Lhrougn Chief Chen's own inaction In not responding immediately to Mr. Bolaslna about his eoncems, and Instead pntting his interpre1atlon of that interview in writing more. than a month later" tbat his OOtltams !l.Ooutthat Interview ware made public, In his Janum'Y.'2.7th \ettet) Chief Chen cites extensively ftom th~WD SfMda.-ds to support his allegations that he; has bean Improperly retaliated against. Hawevl;lr, be actually quotes from titasO' stalldard~ Sec. 52.1.2(Il), which pro"'id~ that investiiallons agnin!l~ tbe Cbiof ofPoUce are to be dl~l;lted to tbe City Mat1as~r'lloflioe'. G. Coneerl1s About Unwarranted F..xpllndltures by Chief Chen

I learned from tt. Yourkoski. Sgt. Kane, and Mr. Bolastna that there hnve been several examples uncovered since eWef Chen's d(lJlllrture ofw'hat seem to he questionable expenditures of City :fi.I!ldsby Chief Cben. Wbat is noteworthy to me am the comments made by snme of the interviewees about ChlefChimts use of CRy funds. One person said. ''The impression f hl1v~is that the Chief does l;lo1:feeI e lltlSto answet' to anyone for h anything. 'rite money ill his budget is thore for bim to- Bpmtd hPWlWef hewan1s"t Anofu~ said. "Towatds the end. he. was spending monay wllbout regard 10 cutting Ctlsts" {despite the GitY~wide TequDst to all petl3onru:l to try to Illlrlnil their expensss in light of the cutrent economy and required budget-tightening]. Wh.eI2 I attempted to ask Chief Chen shout these lll1lttm~ was instructed by his counsel he oot to answer my questkms; therefore, T cenact present Cbief Cheats perspective on these expandltures, However. becaWlelortb.e ooncern voiced by some of the interviewee~ about these expendttures, I am going to outline them in this report. 1~ Two Mountaineering Jackels Department receipts sbow that Chtef Chen ru.tlnorized the purchase of two $300 coats from NorttlFllce, oswnaibl)' as "test coati!, Allparently thesn are coats that would only be used in extreme weather conditions. Those coats ar~ not in the Department, Md no.one 1 intervIewed remtlll'lb:m~ ha.ving seen them, nlthotlgh one person said be had seen Chief Chen wearing ajacket like these.

Department reoeipts show the purchase of two approximately $301) m Tumult spring.-loaded knives (that can only be sold to law enfo£cement). These knives have tlot been found anywhere in the Department
3. 'Running ShOC8 "ntl Supplemental O"ygen

Stepbanie Ale:1!.andet Mo.roo 23, 2011
CitY of MedIna At some point, a:cvQ,~nl PD officers. participated in a fund. raising stair 11limh. Chief M Cben was on the Baru:d altho sponsoring orglUlization. The officers were all required to Pll)' their own entry fee, but Chief' Chen then instrllcted them to "put ll1 fot o'Vertimell In an amount that would cover their out·oZ.pocket registration cxpenses,I3 Furthermore. tbe Chief il\Stn1cted orc. Oirias to purchase $1 OO! palr, matcblng nmning shoes for aU the part£oipantst whicb was done at the City's expense, The Chief also ordered the purchase of a case ($500 worth) of small. supplemental oxygen cootainerst because he was IlOncfJmed thnt the partioipatlts would be hampered by the state afT in the stairway they were to cUmbo Apparently ChIef eben Ilsted tbelr cost as "emergency preparedness," but. Sgt, Kane mid Lt. Youtkos1d told me norte of toe oxygen was used, No ono knows wbt;rc aU the containers went, C)(c~pt for one that was on CMef Chen's dosle. 4. Automafit;!; Wropons 'The Chiefauthor!zed 1he p\ltchase of4 fully-automatic ma~hlne guns at a ()09t of more than S2,oOn each. Appm-ently some of the cost was offset by dnlg seizure money ana the return of some of the Department's rifles. r expect that Chief CMIl would justifY We purchase oftltese dfles for the benefit of tho Departmentt but bom Sgt. Kane andLt, YOUl'koskitold me they do not SEll,! E1need far these weapons. Apparently the MPD does not ha... a SWAT team, and even the City of Kirkland. which does bav~a SWAT team. does e not have thls type ofnmom!l.tlc weapons. The ntst one purchased hill' reportedly been ured tmty by Chief Chen and Ofo, Knott; no (Inc:has reeelved tmtningon.tho Usc:ofthewellpons, and they have nat been used in tl,otion, 5. ChIef Chllfl's Autamcabile Expenses CblefChell. told me he used his M'P:Ovehicle (n. Tahoe) primnrl!y for City purposes. arid that he has his own vehicle fOT personal travel, However. he added that be is on call 24/7. SO it is not unusual for him to be driving the Tahoe while aff.chtty. Appal'enlly no one hllll attempted to curtail Chief Chen's use of1he Tahoe. but in reviewing hls expenditures. Lt. Yourkosld learned that Chief Chen'.s gas bills fut the Tahoe total almost 25% ofih~ ToluT 1v.1PD Department's gas purchases, On one week·eod alone. whil~ Chiof Chen was 011 vacation in Ea~m Waahingtot1. b~ baughtQver 100 gallcna ofgll.9oline for the Tahoa,
lL Concern
Ii

Thot This: is a HWJtch Hunt"

Medina. community tlw;t tiles\} investigations have somehow been initiated as part of a !lwitclt hunt" against Chief ChFm. I disag~ee. However. I do agree it Is reaaortable for thera to be some concern because of the fElct that some Clf't'he Ilkey wlmesses'' whom I rotcrviewed have had conflicts with Chililf Chen in the pWlt, Neverthele9~ in my oplnlon the indi-v!dUllls 1
!.1 One uflbe Wer ... ~wlla&t~ld me thllt CblefChen 1outlnc!y suggelltcd 10 arnplO)'ea~in tIlg MI'D Ihnt they l ful$lfy tbnlr thlleQ~~ds to $how nncarncd (J'V~ilTlo In ord!:r to \lI) l'Ilim\mrsllo for tmlr O'4.tlF-~ru:ke.t IlJl!mnQ(ttlr11<~ forVl\rlous Depflrtment ccsts.· Somo (If the llTtcrvtewl!lIS told me thay did not do this; I do not know whether l'I1J}'oneeVljr did,

During my investigation, I learned that there has been some specufation withIn the

425S439977

Step'l1nnle Atexander March 23, 2011 City ofMadillll. intervIewed were: pers1.IaslvElIlnd. strnighifotW~rd d,trlng ¢'ut tnteMem, I tind it rtotaworthy that evezy one a/them (excluding CblefChen, obvlol.ls:ly) provIded information that conttadlcted some element of ClIief;'ChelTs report. oflht!. tetevaut facts) a.nd tb.etc versions of !he facts were very consistent. r certainly do not believe 1hnt this is all a oonsplracy against till) GitYt and citizens of Medina.

Chief Chen. Rather,! believe my Interviews revealed a sincere I3ttempt to provide ttuthful information, becauaethcse individuals believe tbat Is in the:best interests ofthe Depa.rtmen!t
Furthermore. E15tQ those indlvldltals who misbtbe perceived I1ll biM~a. aga.!nst C\'I\ef Chen, Or Illotlvatsd to harm. "bis xeputat!on. they were very 1I1l!)fi:(lne- ;n telling ma ~bout their confliot with Chief Ch~n. Fol' elti\mp1e~Lt. Yotrtlwski told me ibm: he Fltl.d, Chtef Chen "Werenot on gtl()d tlmns ftlt muon oithe past yelll' becmtS~ of an incldent that ocCutl'ed during a IItn:!.fmeeting over a year ago. In filet) Lt. YCl.l1'koskl told rae be believes be 'has been the target of .retalia.tlon by Chlef Chen as a result of him. .tpoldng fun11 ()fthc Chlef during tllat meeting. Sgt. Kane oonfirmed that he. too, feeta Lt, Yourkoskl suffered retaliation from tbe Chief.. 111 ndditicn. some mlgut believe tllat Lt. Yourkoald has a. des;1reto become the sppojpte<{ C,'WefofPolice for Medin~ whicn could be perceived as trl.otNarJon for him to he s<JeJdng evidence of the Cbief s malfeusanE;le. Indeed. many ~fto e facts 1 have reported about q;uestionable aotiona by Chief eben WCl'Q uncovered by YourkoskL

r..t

How~~r> there are seveml mefs that lend me f;I) believe that Lt. YourkosJd's overriding eoneem is the wen· bai~ onlle MFD. For one thIng. he told me tbat. tmd his comments were: persuE1si"e. Sgt Kane. too, told me tilat both he and Lt, Yourkoskl are acting only inthe best interest oCtile Department. Lt. Yourkosld also told me (and Mr. Bolasltta.oonflrmed) fuat t10 bagan tD make inq,uiries into ChiefChenrs activities and expenditures onlY qfter ehjef'Chen ~slgned and Lt, Yourkoski was put in obarge of the MPDt and before Lt. "if ourkoski knj;)w Chief Chen hud rescinded his re!lignation. Lt Your'koll'ki told mei:hat h0 was aWlll'aofsome of these IssuclI previously, but ~ had elected not to confront Chief Cben 'because, although bt'. bud felt fuc: Chiefs retaliatory animl.llJ~their reta:tionship had :finally begen hnprovln€;. Htl added, ''I:f'1 knr;:w ~ WflS coming back, L would have kept.my mouth shut ...ltve seen his r;etalb3tion\" Lt. Youtkoski. Sgt. Kane, and Ms. Crlllll each commented that they believed: at1he time the Chief resigned, that he had no inta!ltlon (lfretut'l11ng to the MPD. However, once he bed go net and whlte Mr. BoIasina was stil1 conducting his. investigation. Lt. Yourkoski said he ~tt it was appropriate to raise tnc issues, both for tl'te good of tho Department and also 1:0 lel Mr. Bolaslna know that, in his opinion. it would not be out of charaoter fur the ChIef to access the MX Logic system WitllOt£t authodtY. \4 Ms, Cr:um told me lhate tbwyears ago Chief Chen discltnrged her sou, who had been an officer i~the MPD, and tl1at she had a very difficult lime overcoming her feelings abuut how Chief Clwl't bad handled the matter. 'But Ms, Crtlrn did amy on a!Jthe Chiefs
14 Lt. Yourk()sklls nl)t tllO only MPD emptoyee wlIo O1tl'lrass!:1!grc~~ disupPllll'ltrneot In lbo CI1Itl-fs bflhnvfor. Ench 011'6 of dl0' Dcpmment memhGrs t intmrlewed !lltprells1}11 CIlUlllltnS IIboUtthe Chiefs bvhllvlor nod I1Ipllttad lile)' have complelely loot respect tQt ChiofChen,

Stephanie Alexander M!lrQb. 23, 2011 Cit)' of Medina. primary administrative tlsllistant, and she tofd me she had tried very h!U'd to reconeile her maternal feelings with her professional obligations and her loyalty to the Department, No one 1 interviewed questions Ms. Ctumts devetlon to her job and the MPD. 1 found her statements and observations (lompelJing, and I also credit her eandldness ht tetting me dkeutly about her son's hfstory wlth Chief Chen,

Dudns: my Interviews, I asked bQthChfefChen and Ms. Hanson about tlw nature of thel! relationship. Chief Chen sntcl, "l'ye been working in an i11l1cspitablcenvironment for two years because of Donn!l Hanson. '" (from the beginning)] dId notfc=! trasted asher Chi~t 1IDdit hasn't gotton better.!! Ms. Hanson described the1r relaUoDBlUp as l'protessiQIlSI,1I adding, ~I som~inte!l have t~tOll him InO/ nnd he does not like thllt, and he has made that known in 'tho community.1i Bnsed on their commetrts and on the observations of others. it is apparent that there has been Dt:mfUct betwe~n the two o£them, and at times a struggle because oftbeir mutuallYHPQwel'fu! positions. The owrrJdini impresslon Thsve formed is that Ms. Henson is ever-mindful of the fact that, in general, ChlQf Chen has ctljoyed greater populanty and respect from the City Council and the Qitizenry than she has garnered. Howevey~ I am. uct p~suaded that Ms. 'ffanson's tole in. this matter has been motivated by animus tOWlU'dChief Chell. Ratber, I belleve she is lI.Ctlngout of.'l'ecognition ofilia responaibitity that she carrIes as the Cily Mal1ager. to act to the best interests of the City of Mr::dtnll.
J

When 1 interviewed CbiefCbe.n. lie and Ms.~blet' S1.1ggested if would be hefplill fot me to brosden the scope of my interviewee9, specifically to include orc. Knott. All I told tbem.l elf;lctel;\Mt 10 do more i.t'ltef'li~ hecauae Tfeel that I heve spoken witb everyone who has :first-hand Information about the issues f was investigating, The issue I mIght have asked oro. Knott about is his statement to Chi~ Chen about his discussion with Mr. Eagon tegal'dillg Mt'. Fischer's access of the MX Logic system. I did interView Chief Chen and Sst. Kane Elbouttlll1t issue. and there are no inconsistet1c.ies between What Sgt. Kan~ and Ofe, Kn(lt~put into: their written statellle:nts and what [ leatlletd durIng my interviews. Th(lrefu~ T. <1eterminad it WII$ unn;ces~ry to interview DEe. Knott, or anyone else. 'IV. Concluaiop This has been a very demn.ndmgand di:fficultfnvestigation because of the matly conflicting facts and Chief Chen's insistence that he bas clone no wrong. I am respectful of his puSitlofl and I am veiJ aware ot: tne; h\g.h regard in Which Chief Chen. has been held by the Medina cammunHy. I am also vet}l respectful efMa. Hanson's position, and 1he challenges whioh she has had to face In view of the aetlon she took" plach\g Chief Chen on administrative leave. Nevertheless, I cannot disregard the cumulative substance of all the wi.tnellsw intel"liews that contradict ChiefChenls version of the facts.lUld the evidence that elearly estabUsbes in some tllstaoCCll L'hat there is no reasoaeble eX})ana.tion for some ofhis l actions, e.g,. essenti",Uy for.ging documents in some of his offioers' names,
J

Soop11apJe Al~Ol'
MaXQb23.20U

citY ofMedtua

'l1utnk 1t)U £Or provldi.bg ml) tM oppcrtunlty fo workw1th}'01l and }'()tIt oUel.\~ WCIA. Oil' nat bel!ltate to oontaQttn~ WIth any ques«onIJ or concertlS aboUt mY flnditlgB. Shlcc:rely,

1

Hon. Greg Canova

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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THB COUNTY OF KING JEFFREY CHEN

j

10 11

vs. CITY OF MEDINA

Plaintiff,

NO. 11-2-26960-4 SEA

DECLARATION OF NDCHAEL
BOLASINA

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Defendant.

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I, Michael Bolasina, hereby state and declare as follows:
1.

I am an attorney with Summit Law Group in Seattle, Washington.

I previously

practiced and was a shareholder at Stafford Frey Cooper in Seattle. I am over eighteen years of 17 18 age, make this declaration on personal know1edge and am competent to testify herein.
2.

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On November 24,

2010,

I was retained as an attorney for the City of Medina by

20 21 22
23 24 25

'the Washington Cities Insurance Authority. This retention was part of the WCIA pre-defense review program. I have previously handled many pre-defense reviews with WClA, including several employment matters for the City of Medina. This program is established to have early attorney involvement in cases which may lead to litigation and to advise the City on prelitigation measures that will avoid or minimize potential liabflity,

26
LA W, LYMAN, DANIEL, KAMERRER & BOGDANOVICH,

DECLARATION OF MICHAEL BOLASINA-1

No. 11-2-26960-4 SEA

Il'fTORNEl'SAT lAW 11/J411.IY.JUHNSONRJ).lVMWAtJ.:J/, /fA 98JJ2 P.O . .BOX USllll Otl'M!'M, WASH.IrroTON985()8..JBB~ (J60) 7S4-S4/i(}FAX: (360) ~7-3jl1

e.s

1 2 3
4 5 6


unauthorized

I was retained by WCIA to provide legal advice to the City on issues relating to access to the City's e-mail archive system.
As part of my assignment, I needed

to ascertain the factual situation concerning access to the City's MX Logie e-mail archive. To ascertain the facts, I began to interview a number of City employees. I proceeded to prepare a

series of questions to ask City employees so that I could ascertain the facts concerning access to the City's e-mail system and provide the City with my legal advice.

7
8

One of the employees I interviewed was Chief Chen. He asked to reschedule my
15, 2010,

9
10
11

interview two times. When I interviewed him on December

Rachel Baker was present

to verifytbe contents of the interview. Following our interview, I prepared a statement which I believed reflected what Chief Chen told me. I ran a copy of this statement past Ms. Baker to ensure that it was accurate and thereafter sent it to Chen via e-mail. I sent Chen two e-mafls ,on December 15, 2010 after our interview. The first let him know that I would be preparing a statement which he should review, edit or change so that it would be
100%

12 13 14 15

accurate. I also

16
17 18 19

reinforced the confidential nature of our discussions. Later in the afternoon, in my second email, I provided the draft statement and asked Chen to review it) and not to hesitate to change or edit it so that it would be
that time.
100% accurate

and correct. Chief Chen did not respond to me at

20
21

On December 17~ 2010~ went back to the City to conduct additional interviews I

22
23

and stopped by to let City Manager Donna Hanson know I was there. She was holding an envelope with .Jeff Chen's resignation. This very much surprised me and I cancelled the

24
25

interviews that I had scheduled for that day. A couple of days later, I conducted additional Interviews and shortly thereafter I left for Hawaii for a vacation. W1nle I was in Hawaii, ?hief

26
LA W. LYMAN, DANIEL, KAMERRER & BOGDANOVICH, P.s.
A7TO.MEI'~ATMW 26NR.W.JOHNSONJID. TUMWATER. irA
118/ifJ OI.Y.MPlIJ,

DECLARATION OF MICHAEL BOlASJNA -

No. 11-2-26960-4 SEA

2

sa BOX

WA3HJN(J1VN9WI8.1IJ1JU

sssn

(360) 7:i4-SIBU FAX .. (360) 5S1-JSI I

1 2 3 4 5 6 7 8 9 10

Chen attempted to rescind his resignation and was placed on administrative learn about this event until after I returned from vacation.

leave. I did not

6.

On Friday, January 14, 2011, I received an e-mail from Chief Chen while I was in

San Francisco. That e-mail stated he disagreed with the contents of the statement I had
provided and wanted to know if he needed to do anything further. When I returned to my office on Tuesday, January 18, 2011, I re-sent him the draft statement and my December 15,
2010

e-mail asking that he change or edit to ensure that it was accurate.

On Sunday, January

23, 2011, Chief Chen acknowledged receiving it and stated that he would be forwarding an accurate and corrected information,

11
12

On Januru:y 27,

2011,

Chief Chen sent a memorandum to Donna Hanson, City

Manager, the City Council, Mayor Brett Jordan and City Attorney Bruce Disend responding to being placed on administrative statements leave. This memorandum contradicted his previous interview

13 14
15

with me. Additionally, Chief Chen claimed that he was a whist1eblower, demanded and asserted that had been forced to resign by the City Manager it was evident that

16 17 18 19

protection from "retaliation"

on December 17, 2010. After reviewing the January 27, 2011, memorandum litigation with Chief Chen was likely and J believed that to be the case.

I assisted and advised on January

Donna Hanson in responding to Chief Chen. She sent a responsive memorandum 28, 2011. Chief Chen replied on January 29, 2011. 8.

20
21

22 23
24 . 25 26

On February 2,2011, I was asked to brief the City Council regarding the status of

the matter and the likelihood of litigation arising out of Chief Chen's January 27~2011 memo. I attended an Executive Session pursuant to RCW 42.30.110(1)(0 which allows the City Council to meet privately with legal counsel representin~ the agency to discuss agency litigation or potential litigation to wbich the agency is likely to become a party. I did not prepare any
LAW; LYMAN, DANIEL, KAMERRER & EOGDANOVICH,

DECLARATION OF MICHAEL BOLAS1NA - 3

No. 11-2-26960*4 SEA

Ant)~AT.ww 2614R.W. JOHNSONJIIJ. :zt.ru"lYArnR, irA P8S}_ r.O.JJ()X 11880 OLYMPiA. WA8HJN&7YJN 9BSQIJ-18liO (~60) fS4-U8D FAX! (3fYJ) $$7-$5U

rs.

1 2 3 4 5 6 7 8 9 10
11

written report to the City Council. I did provide documents which I had gathered to assist in our discussion. At the conclusion of our discussion, these documents were collected from the Council members and did not further provide them to the City Council or to anyone else at the city.

9.

Following the Executive Session in which I advised the City Council, I concluded

my interviews "With additional personnel and obtained written statements to reflect their knowledge. statements I was also concerned that I might be a witness because of Chief Chen's dishonest to me which were a potential basis for his discipline. Therefore, the City requested

wClA to retain additional legal counsel. Shortly thereafter, on or about February 10, 2011,
WCIA retained Stephanie Alexander as the attorney to thereafter advise the City on Chief Chen's employment matter. Ms. Alexander hired another attorney named Ellen Lenhart to Ms.

12 13 14

conduct an independent investigation into the facts surrounding Chen's resignation. Lenhart interviewed me as part of her investigati?n.

15
16 17 18 19

I did not provide Ms. Lenhart with any of

the documents I had previously provided to the City Council during the Executive Session or discuss my legal advice to the City. We had an hour and one-half interview concerning my prior interviews. A couple of weeks later she asked me to provide a copy of the questions 1 used to interview the City's employees in early December. I provided that to her and it was attached as a copy to the report which she eventually prepared.
10.

20 21 22
23 24

In early February 2011~I also became aware that Chief Chen had retained legal

counsel.

This only reinforced my belief that litigation with Chief Chen was likely. Ultimately,
that Chief Chen filed a claim against the City seeking a total of $14 million in

I understand

25
26

damages.

DECLARATION OFlWCHAEL BOLASINA - 4 No. 11-2 2696o-4 SEA
M

LA W, LYMAN. DANiEL, KAMERRER & BOGDANOV/CH, P.s. AlTOlINB13 sr LA W
2614P..W. ,1O!1NSOli RlJ. I"UMW.A."lER. WA WJSIZ P.O. BOX 118Sg OLM'U, lP"AIiHING'IDN~S~·1880 (W)) 7.54.348IJ FAX: ("$ODJ 35M!I}

1
2

I make this declaration under penalty of perjury under the laws of the state
of Washington.

3

4 _1/cl/J1 'SEAnCE /J(/4SIl~~~ I
5 Dateand place

~e8~

Michael Bolasina

6 7 8 9 10 11 12

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20
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26
KAMERRER & BOGDANOVICH,
LA W, LYMAN, DANIEL.

DECLARATIONOF~CHAELBOLASINA-5
No. 11-2-26960-4 SEA

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