community
july26
2011
A Timeline of Vernonia Events: June 2010-July 2011 continued from front page
Jun. 14, 2010--Stoelik/LPGI Report submitted to City. unable over the next month to verify the authenticity of
the certifications.
Jul. 8, 2010—Craig Stoelik sends a follow up letter
to Vernonia Police Chief Frank Grace indicating that Nov. 5, 2010—Haack sends memo to Interim Chief
his first investigation, “revealed a significant concern Conner stating that City Council has directed the City
relating to police conduct.” Stoelik’s letter also reveals Administrator to fully reinstate the established K9 unit.
that, according to Columbia County Justice Wally Haack authorizes Conner to temporarily reinstate the
Thompson, other Police Officers that work in Colum- Vernonia K9 unit only until February 4, 2011 through
bia County have inferred that Kay “...is not known to an extension of the original lease dated June 7, 2006.
be an accurate or truthful person.”
According to the memo, Haack says that for the rein-
statement to occur certain conditions must be met, in-
Jul. 21, 2010-- Vernonia Legal Counsel, Jordon & cluding all required certifications for the canine must
Schrader initiates the second investigation by Dan Kel- be current and approved by Haack. The memo also
ly to conduct an internal affairs investigation related states that before February 4, 2011 a formal discussion
to misconduct on the part of Kay. Kelly indicates in with the city insurance carrier is required to occur to
his report that upon starting his investigation he was determine what liability issues need to be addressed
provided with an undated memo from Interim City Ad- for the continuation of a K9 program supported by the
ministrator Haack to Kay, that advises Kay that an alle- VPD. The lease extension is signed by Mike Kay and
gation has been made that he was untruthful during the Haack on November 9, 2010. K9 unit remains active
Stoelik/LGPI investigation and that the City of Verno- until March 21, 2011.
nia has authorized an investigation into this allegation.
Nov. 15, 2010—Haack sends an email to former Chief
Aug. 2010-- Jordon & Schrader resigns as Vernonia Grace concerning the K9 issue in which he states,
Legal Council. The City of Vernonia is without Legal “DPSST I am told may be inclined to ask to look—I
Counsel until November 15, 2010.
do not know how to encourage the look w/o my finger-
prints being attached. My largest problem is I represent
Aug. 26, 2010—Bill Haack sends email to Columbia a third party contracting with the City for this limited
County Commissioner Tony Hyde asking for assistance service.” Haack goes on to say, “Off chance that my
with a problem that is sensitive to Vernonia; police offi- contract will not be extended in January so I am trying
cer Mike Kay, a six year veteran of the Vernonia Police to lever this issue to a closing point.” Grace responds
force “...is caught in a series of small stupid lies that that “DPSST: Requires a phone conversation.”
when connected demonstrate a pattern.” Haack says
“The Chief will likely recommend termination next Dec. 6, 2010—Council chooses not to extend Haack’s
week,” and that the Judge has already sent a letter to contract beyond December 31, 2010. Councilor Par-
DPSST that “...will effect his [Kay’s] certification and row makes the motion to extend the contract, Council-
end his career when acted on.” Hack goes on to state, ors Cindy Ball, Catherine Helmer and Kevin Hudson
“The impact in Vernonia will be dire...the city council won’t second it and it dies. Council then approves the
will erupt, police association will grieve, community extension at December 20, 2010 meeting.
will be torn apart as the officer is highly regarded in
many sectors, especially youth, and I am torn on how Dec. 9, 2010—DPSST, notifies Haack and the City
to act towards people I should trust.” Haack asks if that, because Mike Kay was the subject of an inves-
Hyde can intercede on Kay’s behalf “...to allow for an tigation into misconduct, under ORS 181.675, public
alternative outcome.” Haack states that his desire is safety agencies are required to provide DPSST with
“...not that he [Kay] not receive discipline but that he is any and all records relating to Kay.
allowed to re-examine his standing as a police officer
and pledge to be given a second chance if he desires Dec. 10, 2010—In an email from DPSST’s Theresa
this career path. To that end I would like to work with King to Haack, King memorializes her in-person con-
him to assess options short of termination.”
versation with Haack on December 9, 2010 about con-
cerns about Kay. King states that Haack is asking for
Aug. 31, 2010--Police Chief Frank Grace resigns his assistance in determining the validity of K9 certifica-
position, an action that had been planned for several tions and specifically whether officer Kay meets mini-
months.
mum standards for an Oregon police officer. King notes
that Haack has approached DPSST based on the fol-
Sep. 7, 2010-- After an Executive Session and with lowing reasons: That he does not believe there is cur-
Council approval by a vote of 3-1, (Councilor Hudson rent knowledge or understanding within City Govern-
voting against, Councilor Ball, absent) Haack promotes ment of the implications of a possible integrity breach
Mike Conner to Interim Police Chief.
by officer Kay as it relates to his ability to perform his
Oct. 1, 2010—Haack sends a letter to Kay inform-
ing him that it is in the best interests of the City, the
Vernonia Police Department (VPD) and Kay to sus-
pend the current Kelly investigation until DPSST re-
sponds to a letter forwarded to DPSST’s attention by
Columbia County Justice of the Peace Wally Thomp-
son. Haack states in his letter that if DPSST takes no
action by December 31, 2010, that he will work with
Kay and Chief Conner to close the investigation.
Oct. 29, 2010—Kay is notified in a letter from In-
terim Chief Conner that the K9 Lease has expired
and that the program is being suspended until a new
lease/contract can be established. Kay tells City
Council on November 1, 2010 that the lease au-
tomatically renewed each year, but only for three
terms; that it expired on June 30, 2010. According
to the terms, the lease had to be renewed in writing
each year and therefore expired on June 30, 2008.
Nov 1, 2010—Council selects Alexandra Sosnkows-
ki as new City Legal Counsel. Sosnkowski’s con-
tract is approved on November 15, 2010.
November 4, 2010—Kay sends email to Interim
Chief Conner with certifications from ACCJT for K9
Krueger for years 2006-2010. Haack and Conner are
13
duties, his ability to testify in court, and potential li-
abilities the City may be subject to if Kay is retained as
a police officer. King also notes Haack’s concerns that
because the City has an Interim Chief, the matter has
been deferred to him, and that the specifics and unique-
ness of police department operation requires external
input from an agency that governs certification matters
and that based on the tumultuous history between the
VPD and the County Court a review of Kay’s certifica-
tions is critical. The email from King concludes by
stating that only in unique cases would DPSST take a
case involving a currently employed public safety offi-
cer to the Policy Committee for review, and that would
be based on a request from the employing agency. King
also states that she understands that Haack believes the
Stoelik and Kelly investigations should move forward
to the Policy Committee in their entirety; that Haack is
requesting DPSST to conduct an investigation into the
validity of K9 training asserted by Kay; and that Haack
is requesting that all matters cited be forwarded to the
Policy Committee for review.
Dec. 16, 2010—Haack, on behalf of the City of Ver-
nonia, makes a formal request for DPSST to follow
through on the certification review to establish whether
Kay meets the minimum standards for Police Officer
certification in Oregon.
Jan. 4, 2011—New Council sworn into office, includ-
ing new Mayor Josette Michell and Councilors Marilyn
Nicks and Willow Burch replacing Ball and Helmer.
Feb. 7, 2010—City Council holds an Executive Ses-
sion under ORS 192.660(2)(f)(h), “To consider infor-
mation and records that are exempt from disclosure by
law, including written advice from your attorney,” and
“To consult with your attorney regarding your legal
rights and duties in regard to current litigation that is
more likely than not to be filed.” Upon returning to
open session, no mention is made of the Kay investiga-
tions.
Feb. 22, 2011—Council votes 3-2 to begin a search
process using the League of Oregon Cities (LOC) for
new City Administrator, with Councilors Burch, Hud-
son, and Nicks voting in favor.
Mar. 1, 2011—Haack and Kay sign a new K9 Lease
Agreement. Lease states that the canine must be cur-
rently certified with standards equivalent to Oregon Po-
lice Canine Association (OPCA) standards. The Tem-
porary Lease expired on February 4, 2011.
Mar. 7, 2011—At City Council meeting Council is pre-
sented with 180 signatures from citizens asking Coun-
continued on page 14
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