The recently fired Colfax police chief this week declined an attempt by the city to reinstate him to a demoted position with backpay amid the ongoing appeal over allegations he filed dishonest hiring forms in 2016.
Colfax Civil Service Commission members heard updated arguments Tuesday afternoon on the Jan. 17 termination of Rick McNannay. Commissioners voiced several concerns about how the city had handled the matter, eventually voting to continue toward a Civil Service trial on July 29.
Commission Chair Leslie Cloaninger strongly criticized a May 29 letter from Colfax Mayor Todd Vanek that outlined the terms for McNannay’s proposed reinstatement along with new allegations of mismanagement as grounds for demotion.
“This is disturbing to me,” Cloaninger said. “I’m kind of wondering if anybody in the city of Colfax understands progressive discipline and the Civil Service process.”
The letter, plus a June 3 correction, states city officials had re-evaluated McNannay’s termination in light of new information that undermines their previous perjury allegations. The letter rescinded his firing, ordering him to report for duty at a lower rank of police officer on June 13 with backpay as chief up to that time.
Vanek’s letter also alleges longterm mismanagement and poor leadership as the basis for demoting McNannay to officer. Vanek cited budget problems, staffing turnover and a previous vote of no confidence from officers.
“[Y]our competence as Police Chief came into question for reasons independent of your false certification of police officers,” Vanek wrote, “and has been placed further at issue by information obtained since your termination.”
McNannay’s attorneys disputed the new allegations and asserted McNannay would not accept any reinstatement offer that included demotion. Attorney Robert Dunn said they would vigorously fight any demotion and suggested they would file an additional tort claim against the city based on a recently upheld $4.1 million lawsuit.
“Bring it on,” Dunn said. “They’re going to have their teeth handed to them”
Spokane attorney Ron Van Wert, representing the city, argued McNannay’s appeal had asked for reinstatement and backpay. Upon a reevaluation of the evidence, the city had granted that request, but also decided demotion was still warranted.
“It moots the petition,” he told the commission. “He’s been re-instated as chief of police and [then] demoted.”
Cloaninger challenged whether the city had any authority to compel McNannay back into service after severing his employment with the city. She asked Van Wert for any caselaw that allowed the city to cut short the Civil Service process without McNannay withdrawing his appeal petition.
“There’s nothing that says you can’t do it,” Van Wert responded.
Alexandria Drake, another attorney representing McNannay, told the commission the decision to fire the police chief had not been thought out well and relied on an incomplete investigation from the city’s insurance provider. She also accused city officials of withholding information about when they learned of the hiring forms.
“This was a political hit job,” Drake said, arguing the investigator did little to obtain independent information and reached a “predetermined decision.”
Cloaninger agreed the city’s insurance provider, Clear Risk Solutions, could not conduct a truly independent inquiry while representing the city. Van Wert argued city officials had not influenced the investigation and accepted the findings.
Commissioners also raised several questions about how the city approaches progressive discipline and whether officials had provided reasonable notice to McNannay on his alleged mismanagement.
The Civil Service board expressed frustration with the city’s attempt to reset the appeal process around demotion with Commissioner Rob Aucutt saying most of the work had focused on the matter of termination. They voted to continue on schedule for a trial to evaluate whether the city had grounds for demotion.
“There’s a lot of pieces in this puzzle,” Aucutt said.
McNannay’s attorneys also asked the commission to compel a follow-up deposition of interim City Administrator Chris Mathis after a previous interview ended early. Van Wert alleged Dunn had lost his temper and started harassing Mathis with questions outside the dispute.
Cloaninger acknowledged that it appeared Dunn had lost his temper, but the board still voted to compel a second deposition and declined Van Wert’s request to limit the scope. Commissioners stated additional questions might help establish how the city handles other disciplinary issues.
“I’ll be very disappointed if the deposition gets closed down again,” Cloaninger said. “I strongly urge all counsels to keep their tempers in check.”
The commission’s next regular meeting is scheduled for July 2. Commissioners ended the meeting with comments about how little they enjoy weighing decisions against individuals they have longstanding professional relationships with.
“All I can think about is eating a lot of Tums right now,” Aucutt said. “My stomach hurts so bad because everyone here is our friends. … At the end of the day, we all have to be able to sleep at night.”
“We run into every single person in this room at the grocery store,” Cloaninger added. “It’s a real small town.”