Keizertimes., May 14, 2021, Page 11, Image 11

MAY 14, 2021, KEIZERTIMES, PAGE A11
City officials attempt to head off questions
EPPLEY GUNSHOT FALLOUT
In addition to releasing the report
from an internal investigation that
stemmed from the former Keizer city
manager discharging a gun in his office,
the city provided its own list of ques-
tions and answers to accompany the
document.
Keizertimes is reprinting that portion
of the document entirely with one edi-
tor’s clarification.
It reads as follows:
1) Why wasn’t the City Manager
immediately fired after the discharge
of the firearm?
Like other employees of the City, the
City Manager has constitutional due pro-
cess rights that provide for an incident
to be investigated and the employee the
opportunity to respond to any investiga-
tion findings and contemplate action.
2) Would other employees be fired
immediately If they discharged a fire-
arm on city property?
No, they too would have constitutional
due process rights that would provide for
an investigation and an opportunity to
respond to any investigation findings.
(Editor’s clarification: Previously, the
Keizertimes specifically asked how the
city manager’s right to respond to the
charges was short-circuited by anything
that has happened since. The paper
was told Chris Eppley’s rights to a repu-
tation were what was violated and any
additional explanation is protected by
attorney-client privilege.)
3) Why wasn’t the city manager
immediately placed on administrative
leave?
Even though the city manager
discharged a firearm, he was not
perceived to be a safety risk following
the incident and this was not a situation
where the city had concerns about his
retaliating against employees or using
his presence on the job to interfere with
the investigation.
timeline of events
MARCH 4: Negligent discharge occurred at
approximately 12:00 p.m.
By 1:00 p,m. The mayor, human resources,
safety committee chair and outside legal
counsel were contacted.
Initial incident report submitted to human
resources by 2:14 p.m.
MARCH 5: City Council Executive Session
was scheduled for March 8. An Executive
Session is closed to the public.
MARCH 8: City council held the Executive
Session to discuss the incident.
MARCH 9: City council retained an outside
investigator.
MARCH 10–12: Outside investigator was on
site conducting witness interviews.
MARCH 13 – 15: Outside investigator
conducted additional interviews by phone.
MARCH 18: Oregon State Police (OSP) was
contacted to conduct an investigation to
determine the potential for any criminal
charges. OSP was on site conducting
witness interviews the same day.
MARCH 22 — Outside investigator was on
site conducting a follow-up interview with the
city manager.
MARCH 23 — Outside investigator conducted
an additional interview by phone.
MARCH 29: Oregon State Police released
their report indicating that there is no
probable cause to support the city manager
committed a criminal offense when he
accidentally discharged a firearm in his
office at the Keizer City Hall.
MARCH 30: Outside investigator provided
the City with a report of investigation and a
supplemental report of investigation.
MARCH 31: City council held an executive
session to review the results of the
investigatory report.
APRIL 1: City council held an additional
executive session. The council then met in
open session to accept the city manager's
resignation. The council also authorized a
severance package in exchange for a release
of claims by the city manager.
APRIL 5: Effective date of the city manager's
resignation.
4) Why wasn’t 911 called after the
incident?
911 was not immediately called
because the incident did not result
in an injury and there did not appear
to have been a crime committed that
would require immediate police atten-
tion. OSP subsequently conducted an
investigation at the city’s request.
5) Why didn’t the Keizer Police
Department investigate the incident?
Because the incident involved an
employee of the City of Keizer, the
Keizer Police Department was not
involved as it would have been a con-
flict of interest.
6) A number of potential criminal
violations have been cited. Did this
event constitute a crime?
The investigation into potential
criminal charges was handled by the
Oregon State Police. The Oregon
State Police determined there was no
crime associated with this incident.
Specifically, the Oregon State Police
determined that though the city man-
ager’s actions may have been careless,
they did not rise to the level of reck-
lessness required under the applicable
criminal statute.
7) Why did the City provide a sev-
erance package?
The severance package was offered
to acknowledge the city manager’s
length of service and contributions to
the city, as well as to preclude the filing
of any legal claims.
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