Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Disciplinary Process topic
No spam. Unsubscribe anytime.
Commission agrees to continue subpoenas after counsel proposes settlement option in disciplinary case
Summary
Facing scheduling conflicts and out‑of‑county witnesses, counsel for a discipline case proposed expanding a prior settlement and a binding admission if the officer does not accept the disposition by a later date; the commission agreed to continue the subpoena issuance and calendar the matter for follow‑up and closed‑session discussion.
The Police Commission on Sept. 15 considered issuing subpoenas in two disciplinary matters scheduled for Sept. 22, but both counsel reported scheduling conflicts and raised procedural concerns about proceeding to hearing next week.
Counsel described a plan to expand a previously proposed settlement so civilian witnesses — some from outside the county — would not need to travel for a hearing that likely could not be concluded the same evening. Under the proposed approach, an accused officer would enter admissions tied to a disposition and agree that if the officer fails to accept the disposition (or retire by an agreed date) the admissions would stand and the commission would immediately move to the penalty phase.
Commission counsel, the city attorney and the officer’s counsel discussed ways to ensure any agreement would be binding and not allow the officer to ‘‘game the system’’ by remaining on the payroll without resolution. One attorney said the officer would be willing to sign a binding agreement and represented that the officer planned to retire on the agreed date.
Given the timing and competing calendar items (including a non‑waivable disciplinary matter), the commission agreed to the counsel‑proposed path: deny issuance of subpoenas for the Sept. 22 hearing in light of parties’ agreement and continue the calendar to a later date so the commission may review a settlement package in closed session. The commission instructed counsel to inform witnesses they would not be needed next week.
What’s next: Counsel will provide the proposed settlement document for commission review in closed session; the commission will revisit the matter on the calendar and decide whether to accept a binding disposition or proceed to hearing.
