Pubdate: Wed, 05 Dec 2007
Source: Yakima Herald-Republic (WA)
Copyright: 2007 Yakima Herald-Republic
Contact:  http://www.yakima-herald.com/
Details: http://www.mapinc.org/media/511
Author: DAVID LESTER, YAKIMA HERALD-REPUBLIC

VISITING JUDGE HEARS CASE OF FIRED YAKIMA POLICE OFFICER

Attorneys for the city of Yakima and its police union battled in 
court Tuesday over an arbitrator's decision to reinstate a fired 
officer in a longstanding case that the union contends was 
retaliation for its refusal to go along with random drug testing of officers.

Officer Mike Rummel was fired in July 2005 for failing to comply with 
a disciplinary agreement that followed a series of alcohol-related 
incidents and contact with a former girlfriend.

The agreement went into effect after Rummel pleaded guilty to 
negligent driving.

But a state arbitrator overturned Rummel's dismissal last January and 
ordered reinstatement. The arbitrator concluded the termination 
wasn't warranted because the city had failed to prove all aspects of 
its case against the officer.

The city appealed the decision, resulting in Tuesday's hearing before 
visiting Superior Court Judge E. Thompson Reynolds of Klickitat County.

The union countersued to enforce the decision and to obtain back pay 
for Rummel.

Yakima County judges bowed out of the case to avoid conflicts of interest.

Reynolds reserved ruling on the city's appeal, promising at the end 
of the two-hour hearing to enter an oral ruling at a later date, but 
he did not indicate when.

The retaliation issue wasn't a part of Tuesday's hearing. That matter 
is on appeal to Thurston County Superior Court.

The Yakima Police Patrolman's Association filed the appeal after a 
state panel that deals with labor issues involving public employees 
concluded Police Chief Sam Granato didn't fire Rummel as retaliation 
over the drug testing issue.

The state Public Employment Relations Commission issued its ruling in May.

With only the arbitrator's decision before Thompson, Rocky Jackson, 
attorney for the city, argued the arbitrator went beyond his 
authority in ordering reinstatement.

He said the disciplinary agreement, described as a last-chance 
agreement, is the only document at issue, and there was clear 
evidence he violated it. He said the collective bargaining agreement 
between the city and its police officers isn't relevant to the case.

"The record is clear he violated the agreement by violating 
department orders," Jackson argued. "On that basis, the termination 
is appropriate."

Jackson said there is no evidence that Granato recommended the firing 
as retaliation over the drug testing issue.

But Jim Cline, a Seattle attorney representing the officers' union, 
said the arbitrator was clearly within his authority, since the 
last-chance agreement is an addendum to the union contract.

Cline said the arbitrator determined the reasons given for 
termination, calling the ex-girlfriend after he had been ordered not 
to and using his police badge to gain entry to a Yakima night spot, 
were either not proven or didn't constitute a major violation.

"The arbitrator was within his jurisdiction to determine whether 
discharge was motivated by something not in good faith and a 
violation of the last-chance agreement," Cline said.

The arbitrator, Cline concluded, determined the city discriminated 
against Rummel.
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