The Colfax Civil Service Commission on Tuesday reinstated recently fired Police Chief Rick McNannay with back pay following a confrontational hearing in which the city’s attorney accused the commission chair of bias.
The three-person panel unanimously granted McNannay a summary judgment on the appeal of his Jan. 17 termination over hiring practices from 2016. The decision stated he can return to work Aug. 1 and scraps a four-day trial set for later this month.
“I really never had any doubt that this was going to happen,” McNannay said after the hearing. “The truth just takes time to come out. It feels like the truth has been shielded for so long and now it’s finally out there.”
Commissioners deliberated for about 40 minutes before announcing their ruling. Chairwoman Leslie Cloaninger said the panel would elaborate on its decision in a written opinion that would be issued by Aug. 1.
City officials could still appeal the judgment to Whitman County Superior Court. Mayor Todd Vanek did not respond to an email seeking comment.
Both sides submitted final arguments Tuesday in preparation for trial. Attorney Ron Van Wert, representing Vanek and the city, argued Cloaninger should recuse herself based on her previous criticisms of the city and its insurance investigator.
“It was a prejudgment of the independence of the investigation that is at issue before this commission without any evidence provided to that effect,” Van Wert said. “That’s a prejudgment and a bias.”
Commissioners Rob Aucutt and John Kehne both defended Cloaninger’s ability to oversee the proceedings fairly. Cloaninger said her comments reflected her life experience as an attorney, not a bias against any side.
“We are charged with making decisions in this case,” she said. “If the decisions don’t go in your favor that is not an implicit indication of bias. It’s an indication that perhaps your argument wasn’t well thought out.”
Van Wert also sought to clarify the timeline of the city’s investigation and firing of McNannay, asserting the panel should consider what the city reasonably knew at the time. He argued the city acted in good faith, later reviewing the firing and offering reinstatement at a lower rank.
Commissioners questioned whether draft records documenting previous attempts to fire McNannay established a pattern of retaliation or political motivation.
Attorneys for McNannay argued the city overlooked information corroborating the chief’s actions and repeatedly sought grounds to terminate him. They asked commissioners to grant an immediate reinstatement.
“This entire sequence of events,” attorney Alexandria Drake argued, “was the culmination of the city’s efforts to discipline or terminate [McNannay] after he engaged in protected speech and asserted a wage claim.”
Commissioners, having reviewed witness interview transcripts and other evidence, ultimately asked the parties whether a trial would be likely to produce any new information.
McNannay’s attorneys argued it would not while Van Wert contended new trial testimony might provide unknown insight. Commissioners then called a recess to deliberate, returning shortly before 2 p.m.
“After due consideration, the council has agreed to grant the motion for summary judgment and reinstate Chief McNannay to his position as of Aug. 1 with full back pay,” Cloaninger announced. “We will elaborate on the decision with a written opinion that will be issued by Aug. 1.”
Update: Read the commission’s full opinion here.
Van Wert said he would have to read the commission’s written opinion and confer with city officials before taking any steps toward a potential appeal.
McNannay’s family and supporters congratulated him outside the hearing. His attorney Robert Dunn said they still plan to file a tort claim against the city next week to initiate a $5.2 million lawsuit.
“The next step is to iron the chief’s uniform and show up for work on Aug. 1,” Dunn said. “[But] the City of Colfax is going to get sued. There isn’t any question about that.”