may10 2011
V E R N O N I A’ S
reflecting the spirit of our community
State Outlines Allegations
Against Kay
By Scott Laird
Allegations against Vernonia
Police Officer Michael Kay have been
released to the public, including a 900
page report released by the Oregon
Department of Safety Standards and
Training (DPSST), and three letters
released by the City of Vernonia, dated
December 9, 2010, March 15, 2011, and
April 26, 2011. The letters were sent
by DPSST to the City of Vernonia and
to Vernonia Police Officer Michael Kay.
Vernonia’s Voice was notified the entire
Kay file had been released but had not
obtained a copy at press time.
Kay was placed on paid
administrative leave by the City of
Vernonia on March 21, 2011, and remains
on paid leave at this time. According to
the letter addressed to Kay dated April
26, 2011, the allegations against Kay
will be heard by the DPSST Police Policy
Committee on May 19, 2011.
Kay declined comment when
asked about the investigation by DPSST
into his conduct.
The letter dated December
9, 2010, from DPSST to Interim City
Administrator Bill Haack states that
“DPSST has received information that
the above individual [Michael Kay
DPSST #31362] was the subject of an
investigation relating to misconduct.”
The letter goes on to state,
“Under direction of the Oregon
Department of Justice, DPSST requests
any and all records relating to the above
individual.”
The April 26, 2011, DPSST
letter to Kay states, “The Committee
will review the underlying investigation
and make a recommendation whether to
revoke your certifications based on your
conduct.” The letter goes on to state,
“If their [the Police Policy Committee]
recommendation is to revoke your
certification...the Policy Committee’s
recommendation will then be forwarded
to the full Board and they will either
affirm or overturn the Policy Committee’s
recommendation.”
The letters are all signed by
Theresa King, Professional Standards
Coordinator/Investigator, Standards and
Certification Division of the Oregon
DPSST.
A letter dated March 15, 2011,
from DPSST lists ten items that they have
received information about concerning
Officer Kay. Included in those allegations
are:
1) Kay misrepresented his personal
knowledge in a document he authored
and submitted to the Court of whether
two juveniles had completed community
service. That allegation was updated in
the April 26 letter to read “individuals”
instead of “juveniles”.
2) Kay was untruthful with investigators
when the veracity of the above document
was questioned.
3) Kay was untruthful with his employer
and the DPSST investigator concerning
his membership in the Oregon Police
Canine Association (OPCA).
4) Kay retroactively sought, obtained
and presented fifteen K9 certifications to
his employer that he should have known
did not meet industry standards.
5) Kay obtained a K9 evaluation
and report in February 2011 from an
individual he knew was not a certified K9
instructor and instructed that individual
to omit instances in which he or the K9
failed to perform, thus misrepresenting
his actual performance.
6) During the above K9
evaluation, Kay knowingly
engaged in actions that
compromised the results, such
as handling the narcotics and
using environments familiar
to the K9 dog.
7) On March 1, 2011, Kay
signed a K9 Lease with
the City of Vernonia and
continued on page 5
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volume5 issue9
Vernonia Council Terminates
Contract of City Administrator
Burch says “Catalyst” was release of public
information about police investigation
By Scott laird
the League of Oregon Cities (LOC) for
At the May 2, 2011, Vernonia a permanent City Administrator. Haack
City Council meeting, Council voted 3-2 had applied for the position as part of that
to terminate without cause the personal search process. Council was scheduled to
services
contract
with ColPac that
provides for the
services of Interim
City Administrator
Bill Haack. Voting
in favor of the
termination
were
Councilors Willow
Burch,
Marilyn
Nicks and Kevin
Hudson.
At the start
of the May 2 Council
meeting,
Council
voted to remove
from the agenda a
staff report about an
Vernonia citizens express their discontent with some
investigation by the
City Council members.
Oregon Department
of Public Safety Standards and Training meet with the LOC representative on May
(DPSST) into Vernonia Police Officer 9 th to begin to review the applications they
Mike Kay. Councilor Willow Burch then have received.
requested an addition to the agenda—a
When the Council was polled as to
review of the Personal Services Contract whether they would like the contract review
for Haack.
added to the agenda, Councilor Randy
Haack’s contract was scheduled Parrow and Mayor Josette Mitchell voted
to expire on June 30, 2011. Council had against the addition. Councilor Hudson
already begun a search process through
continued on page 12
Prospective Recall Petition
Filed for Hudson
A prospective recall petition has
been filed with the Oregon Secretary of
State to recall Vernonia City Councilor
Kevin Hudson. Petitions are currently
being circulated throughout the community.
The number of valid signatures
required to force a recall election is 15% of
the total number of votes cast in the public
officer’s electoral district for all candidates
for Governor at the last election at which
a candidate for Governor was elected to a
full term. According to local sources the
number needed to recall Hudson is 119
signatures.
After it has been determined that
there are sufficient valid signatures to
place the recall question on the ballot, the
elections official must notify the public
officer in writing of the deadline to resign
or submit a statement of justification.
Once the election official has notified the
public officer in writing, the public officer
may either submit a written resignation to
the appropriate filing officer or submit a
written Statement of Justification that does
continued on page 4
Vernonia Interim Chief Resigns--Steps
Down to Sergeant
One day after the Vernonia
City Council voted to terminate
the contract of Interim City
Administrator Bill Haack, Interim
Police Chief Mike Connor exercised
a right in his employee agreement
and voluntarily resigned his position.
In a letter dated May 3,
2011, and addressed to Mayor
Josette Mitchell and Interim City
Administrator Bill Haack, Connor
stated that he was returning to
his prior position of Sergeant and
resuming his membership in the
Vernonia Police Association.
Connor noted the ongoing
investigation into a member of the
department was causing stress on
himself, other City staff and all their
families as one of the causes for his
resignation. He also noted numerous
schedule adjustments and additional
hours of work.
“This is literally ‘House
Arrest’,” wrote Conner. “As there
has to be someone available to
respond to calls at all times, I often
can’t even leave my home during my
off time.”
Vernonia Police Officer Mike
Kay has been on paid administrative
leave since March 21, 2011, while
the State conducts an investigation
into his conduct, leaving only two
officers, Interim Chief Conner and
Officer Shawn Carnahan to cover the
department.
“I have personally felt a
strong lack of communication and
support from the City Council,”
stated Conner in his resignation
letter.
