OREGON DPSST ETHICS BULLETIN Volume No. 99

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1 OREGON DPSST ETHICS BULLETIN Volume No. 99 The Board on Public Safety Standards and Training (BPSST) has the legislative mandate to establish and enforce minimum standards for all law enforcement officers, fire service professionals, telecommunicators and emergency medical dispatchers in the state. This requirement also defines the procedure for the Department and Board to use when denying or revoking certification of an individual who has fallen below the minimum standards. The Ethics Bulletin is published to provide insight into the types of misconduct that could result in revocation or denial of certification. The following cases have resulted in consideration of revocation or denial of certifications by DPSST in January The Department continues to ensure that certified public safety officers and those seeking certification who abuse the public's trust will be held accountable for their actions. January Statistics Cases Opened 033 Of the 037 Cases Closed: Cases Closed 037 Revoked 013 Cases Pending 232 Denied 000 Reinstated 000 No Action 024 Fire Service Professional A was convicted of Third Degree Sexual Abuse, requiring him to register as a Sexual Offender. Based on that conviction, DPSST notified Fire Service Professional A that his case would be heard before the Fire Policy Committee and gave him the opportunity to provide mitigating circumstances for the committee s consideration. Fire Service Professional A instead chose to sign a Stipulated Order Revoking Certifications Fire Service Professional A s multiple Fire Certifications were Revoked. Fire Service Professional B was convicted of Fourth Degree Assault. DPSST notified Fire Service Professional B that his case would be reviewed by the Fire Policy Committee (FPC) and allowed him an opportunity to provide mitigating circumstances for the Committee s consideration. The FPC reviewed the matter and found that Fire Service Professional B s misconduct violated the core values of professionalism and justice. The FPC determined that Fire Service Professional B s conduct does rise to the level to warrant revocation of his certifications and his initial minimum period of ineligibility to re-apply for certification would be March 27, Fire Service Professional B was issued a Notice of Intent to Revoke. He did not make a timely request for a hearing. DPSST filed a Final Order. Fire Service Professional B s multiple Fire Certifications were Revoked. Fire Service Professional C was convicted of First Degree Aggravated Theft and First Degree Official Misconduct. DPSST notified Fire Service Professional C that her case would be reviewed by the Fire Policy Committee (FPC) and allowed her an opportunity to provide mitigating circumstances for the Committee s consideration. The FPC reviewed the matter January 2012 Ethics Bulletin Page 1 of 6

2 and found that Fire Service Professional C s misconduct violated the core values of honesty, professionalism and justice. The FPC determined that Fire Service Professional C s conduct does rise to the level to warrant revocation of her certifications and set an initial minimum period of ineligibility to re-apply for certification of seven (7) years. Fire Service Professional C was issued a Notice of Intent to Revoke. She did not make a timely request for a hearing. DPSST filed a Final Order. Fire Service Professional C s NFPA Driver and NFPA Fire Instructor I Certifications were Revoked. Officer D was convicted of (4) counts of First Degree Robbery with a Firearms, (2) counts of Second Degree Robbery with a Firearm, First Degree Burglary with a Firearm and Second Degree Assault. Officer D was served with a Notice of Intent to Revoke Certifications. Officer D made a timely request for a hearing. DPSST sought a Motion for Summary Determination before the Office of Administrative Hearings asserting there was no material fact at issue. The ALJ denied DPSST s Motion and a hearing was held. Officer D failed to appear at the hearing causing the Notice of Intent to Revoke to become final by default. Officer D s misconduct ended his 6-year Officer D s Basic and Intermediate Police Certifications were Revoked. Officer E was arrested and charged with first-degree rape and incest stemming from incidents alleged to have occurred in Officer E resigned after the arrest. The charges were dismissed based on the statute of limitations. DPSST notified Officer E that his case would be reviewed by the Police Policy Committee (PPC) and allowed him the opportunity to provide mitigating circumstances for the Committee s consideration. Officer E responded with a self-prepared, signed Stipulated Order denying the conduct and asserting he had retired for health reasons, but would relinquish his certifications as he never intends to return to a public safety employment. Officer E s Basic, Intermediate and Advanced Police Certifications were Revoked. Officer F was discharged for cause after he was observed luring the agency s cat to him and kicked it, causing significant injury to the cat. Officer F was subsequently arrested and charged with Second Degree Animal Abuse and entered into a diversion program through the court. Officer F was served with a Notice of Intent to Revoke Certifications. Officer F made a timely request for a hearing. DPSST sought a Motion for Summary Determination before the Office of Administrative Hearings asserting there was no material fact at issue. The ALJ granted DPSST s Motion and issued a Proposed Order. Officer F did not file legal exceptions to the Proposed Order. DPSST filed a Final Order. Officer F s misconduct ended his 2-year Officer F s Basic Corrections Certification was Revoked. Officer G resigned during an internal investigation during which it was revealed he had been untruthful during trial preparation for a DUII arrest he had made, regarding a civilian ridealong passenger with him on the day of the DUII arrest. Due to the Brady issues, the DUII case was dismissed, and the agency began its investigation. Officer G resigned before the investigation was completed and submitted a Stipulated Order before DPSST began its investigation. Officer G s misconduct ended his 3-year Officer G s Basic Police Certification was Revoked January 2012 Ethics Bulletin Page 2 of 6

3 Officer H resigned in lieu of termination after an internal investigation revealed he had been untruthful in requesting a day off for a medical appointment when in fact he was planning to attend a job interview at another agency. DPSST notified Office H that his conduct would be reviewed by the Corrections Policy Committee (CPC) and allowed him an opportunity to provided mitigating circumstances for the committee s consideration. The CPC determined that Officer H s conduct involved Dishonesty and Misconduct. The CPC determined that Officer H s misconduct rose to the level to warrant revocation and that the misconduct was a lifetime disqualifier due to his untruthfulness. DPSST served Officer H with a Notice of Intent to Revoke Certification, and he made a timely request for a hearing. The Board affirmed the CPC s recommendation. After a hearing with the Office of Administrative Hearings, the Administrative Law Judge affirmed DPSST s revocation of Officer H s certifications. Officer H did not file exceptions to the ALJ s proposed order. DPSST issued a Final Order revoking Officer H s certifications. Officer H s misconduct ended his 3-year Officer H s Basic and Intermediate Corrections Certifications were Revoked. Officer I was discharged for cause after an internal investigation revealed that he repeatedly violated data entry policies and procedures. Officer I was served with a Notice of Intent to Revoke Certification. He failed to make a timely request for a hearing, and his certification was revoked by default. Officer I s misconduct ended his 18-year Officer I s Basic Emergency Medical Dispatcher Certificate was Revoked. Officer J was discharged for cause after an internal investigation revealed that he had violated multiple policies and procedures and participated in stalking type behavior on and off duty. Officer J was served with a Notice of Intent to Revoke Certifications. He failed to make a timely request for a hearing, and his certifications were revoked by default. Officer J s misconduct ended his 9-year Officer J s Basic and Intermediate Corrections Certification were Revoked. Fire Service Professional K was convicted of Second Degree Theft in DPSST notified Fire Service Professional K that his case would be reviewed by the Fire Policy Committee (FPC) and allowed him an opportunity to provide mitigating circumstances for the Committee s consideration. The FPC reviewed the matter and found that Fire Service Professional K s misconduct violated the core values of honesty and professionalism. Based on the mitigating circumstances the FPC determined that Fire Service Professional K s conduct does not rise to the level to warrant denial of his certifications. Fire Service Professional K s application for NFPA Fire Fighter Certification was approved. Fire Service Professional L was convicted of First Degree Criminal Mischief in DPSST notified Fire Service Professional L that his case would be reviewed by the Fire Policy Committee (FPC) and allowed him an opportunity to provide mitigating circumstances for the Committee s consideration. The FPC reviewed the matter and found that Fire Service Professional L s misconduct violated the core values of professionalism and justice. Based on the mitigating circumstances the FPC determined that Fire Service Professional L s conduct does not rise to the level to warrant revocation and denial of his certifications. Fire Service Professional L s was allowed to retain his Fire Certifications and his application for new Certification was approved. Fire Service Professional M was convicted of Driving While Suspended and Fourth Degree Assault in DPSST notified Fire Service Professional M that his case would be January 2012 Ethics Bulletin Page 3 of 6

4 reviewed by the Fire Policy Committee (FPC) and allowed him an opportunity to provide mitigating circumstances for the Committee s consideration. The FPC reviewed the matter and found that Fire Service Professional M s misconduct violated the core values of honesty, professionalism and justice. Based on the mitigating circumstances the FPC determined that Fire Service Professional M s conduct does not rise to the level to warrant denial of his certification. Fire Service Professional M s application for NFPA Fire Fighter Certification was approved. Officer N resigned during an investigation concerning his arrest for DUII and conduct surrounding the arrest. DPSST notified Officer N that his case would be reviewed by the Police Policy Committee (PPC) and allowed him an opportunity to provide mitigating circumstances for the committee s consideration. The PPC determined that Officer N s conduct involved Misconduct for committing the crime of DUII. The PPC found as mitigating circumstances that Officer N took responsibility for his conduct, both during the investigation and in his letter to the committee. Aggravating circumstances included the derogatory comments, lack of cooperation, and using his position as a police officer to try to avoid the arrest. The PPC determined that Officer N s conduct did not rise to the level to warrant revocation, and the Board affirmed the committee s recommendation. Officer N was allowed to retain his Basic and Intermediate Police Certifications. Officer O was convicted in Washington state of the crime of Negligent Driving, the equivalent of Oregon s DUII, and a Category IV discretionary crime. Officer O acknowledged the conviction on his application for Intermediate and Advanced Certifications. DPSST notified him that his case would require review by the Corrections Policy Committee (CPC) and allowed him the opportunity to provide mitigating circumstances for the committee s review. Officer O did not provide a response. The CPC determined that Officer O s conduct involved Gross Misconduct and Misconduct, for commission of the crime. The CPC found as mitigating circumstances that Officer O was cooperative, honest, and reported the offense as required; and found no aggravating circumstances. The CPC determined that Officer O s misconduct did not rise to the level to warrant revocation of his certification nor denial of his application for further certifications. The Board affirmed the committee s recommendation. Officer O was allowed to retain his Basic Corrections Certification and his application for Intermediate and Advanced Corrections Certifications was not denied. Officer P resigned during an internal investigation that revealed violation of agency policies and code of ethics relating to integrity, excessive consumption of alcoholic beverages while off duty, conduct unbecoming an officer, and violation of law involving domestic violence. DPSST notified Officer P that his conduct would require review by the Police Policy Committee (PPC) and gave him the opportunity to provide mitigating circumstances for the committee s consideration. The PPC determined that Officer P s conduct did not involve any category of the moral fitness standards and that his conduct did not rise to the level to warrant revocation of his certifications. The PPC found as mitigating circumstances that Officer P took action to address his alcoholism, and that his girlfriend subsequently continued an intimate relationship with him. The Board affirmed the committee s recommendation. Officer P was allowed to retain his Basic and Intermediate Police Certifications. Telecommunicator Q was discharged while on probationary status for behavioral issues and policy violations that included allowing personal business to interfere with her duties, delay in January 2012 Ethics Bulletin Page 4 of 6

5 performing her duties, dispatching officers to wrong locations, and failing to remediate her performance deficiencies. DPSST notified Telecommunicator Q that her case required review by the Telecommunications Policy Committee (TPC) and gave her the opportunity to provide mitigating circumstances for the committee s consideration. She did not provide a response. The TPC determined that Telecommunicator Q s conduct involved Disregard for the Rights of Others, Gross Misconduct, Misconduct and Insubordination. The committee found as aggravating circumstances that Telecommunicator Q had substantial experience in the profession, having done the same job at other agencies, and that she did not provide a response for the committee s consideration. The TPC determined that Telecommunicator Q s conduct rose to the level to warrant revocation of her certifications, with a maximum initial period of revocation of 10 years. DPSST served Telecommunicator Q with a Notice of Intent to Revoke Certifications. Telecommunicator Q failed to make a timely request for a hearing, and her certifications were revoked by default. The Board specifically reviewed this case and overturned the TPC s recommendation, voting to not revoke Telecommunicator Q s certifications. The Board determined that performance-related issues were not an appropriate cause for revocation when an individual is on probationary status and that Telecommunicator Q s conduct did not rise to the level to warrant revocation of her certifications. DPSST issued a Withdrawal of Notice of Revocation and reinstated Telecommunicator Q s certifications. Telecommunicator Q was allowed to retain her certifications. Officer R was discharged for cause after an internal investigation revealed violations of agency policies including developing emotional, romantic, or sexual relationships with inmates, and untruthfulness. DPSST served Officer R with a Notice of Intent to Revoke Certifications. Officer R grieved her discharge, and DPSST stayed its proceedings pending the outcome of arbitration. The arbitrator found in part for both parties, reinstated Officer R s employment and ordered a lesser sanction. Shortly after, DPSST received notice that Officer R had resigned during a new investigation that revealed continuing conduct of the same nature for which she had been previously discharged, and for being untruthful. DPSST issued a Withdrawal of Notice on the discharge for cause and notified Officer R that her case would be reviewed by the Corrections Policy Committee (CPC) and gave her the opportunity to provide mitigating circumstances for the committee s consideration. The CPC found that Officer R s misconduct involved Dishonesty, Misuse of Authority, Gross Misconduct, Misconduct and Insubordination. The CPC determined that Officer R s misconduct rose to the level to warrant revocation of her certifications, and the misconduct was a lifetime disqualifier. DPSST served Officer R with a Notice of Intent to Revoke Certifications, and she failed to make a timely request for a hearing. Her certifications were revoked by default. The Board affirmed the CPC recommendation. Officer R s misconduct ended her 12-year Officer R s Basic, Intermediate and Advanced Corrections Certifications were Revoked. Officer S resigned during an internal investigation that revealed he had an on-duty physical relationship with a co-worker, and was untruthful about it. DPSST notified Officer S that his conduct would be reviewed by the Corrections Policy Committee (CPC) and gave him the opportunity to provide mitigating circumstances for the committee s consideration. The CPC determined that Officer S conduct involved Dishonesty for his untruthfulness during the investigation and in his letter to the CPC. The committee also found that Officer S conduct involved Disregard for the Rights of Others, Gross Misconduct and Misconduct for on-duty sexual activity in the facility and for drawing agency staff and co-workers into disputes January 2012 Ethics Bulletin Page 5 of 6

6 associated with the parties relationship. The CPC found as aggravating circumstances that Officer S failed to take responsibility for his actions and claimed that all of the sexual conduct was off-duty. Mitigating circumstances included that the other party was a supervisor to whom Officer S was subordinate. The CPC determined that Officer S misconduct rose to the level to warrant revocation of his certifications and that the misconduct was a lifetime disqualifier. DPSST served Officer S with a Notice of Intent to Revoke Certifications. He failed to make a timely request for a hearing, and his certifications were revoked by default. The Board affirmed the CPC s recommendation. Officer S misconduct ended his 10-year Officer S Basic, Intermediate and Advanced Certifications were Revoked. Officer T resigned during an internal investigation that revealed she had an on-duty physical relationship with a co-worker and was untruthful about it. DPSST notified Office T that her conduct would be reviewed by the Corrections Policy Committee (CPC) and gave her the opportunity to provide mitigating circumstances for the committee s consideration. She did not provide a response. The CPC determined that Officer T s conduct involved Dishonesty for denying the relationship and specific instances of activity. The committee also found that Officer T s conduct involved Misuse of Authority, Gross Misconduct, Misconduct and Insubordination for having sex with a subordinate, on duty in the facility and at the other party s residence and thus unavailable for a quick response to the facility if needed. Also, because of the situation, many other staff and co-workers were drawn in to associated disputes, contributing to the lack of efficiency in the operation of the agency. The CPC found as aggravating circumstances that Officer T was a supervisor with authority over the other party was not truthful and did not provide a response for the committee s consideration. No mitigating circumstances were found. The CPC determined that Officer T s misconduct rose to the level to warrant revocation of her certifications and that the misconduct was a lifetime disqualifier. DPSST served Officer T with a Notice of Intent to Revoke Certifications. She failed to make a timely request for a hearing, and her certifications were revoked by default. The Board affirmed the CPC s recommendation. Officer T s misconduct ended her 13-year Officer T s Basic and Intermediate Corrections Certifications were Revoked. Officer U resigned in lieu of termination after an internal investigation revealed that he violated department directives and policies, and was untruthful. Officer U had become subject to a restraining order that restricted his ability to carry firearms, a condition of his employment. The agency made accommodations for the restrictions, requiring Officer U to carefully detail and report his on-duty access of firearms. Officer U repeatedly failed to carry out those requirements, and was untruthful about it during the investigation. DPSST notified Officer U that his conduct would be reviewed by the Corrections Policy Committee and gave him the opportunity to provide mitigating circumstances for the committee s consideration. He did not provide a response. The CPC determined that Officer U s conduct involved Dishonesty and Insubordination. The committee determined that Office U s misconduct rose to the level to warrant revocation of his certification and that the misconduct was a lifetime disqualifier. DPSST served Officer U with a Notice of Intent to Revoke Certifications. He failed to make a timely request for a hearing, and his certification was revoked by default. The Board affirmed the CPC s recommendation. Officer U s misconduct ended his 4-year Officer U s Basic Corrections Certification was Revoked January 2012 Ethics Bulletin Page 6 of 6