Local News

Review urged in Sharma case

Monday, October 6 | 11:42 p.m.

JEFFREY MIZE
COLUMBIAN STAFF WRITER

An independent review of the Vancouver city government must be done by an agency with subpoena powers to get to the bottom of a discrimination settlement, a group of speakers told the city council Monday.

For the third time in four weeks, the city’s $1.65 million settlement with former officer Navin Sharma was squarely in front of the council. Speakers questioned if the city’s review would be little more than a whitewash and council members bickered among themselves.

Sharma, a native of India, said he faced retaliation after winning a previous discrimination award from the city and said he was unjustly fired for making mistakes on drunken driving reports.

Bruce Hall, a retired lieutenant who spent almost 24 years with Vancouver police, said an outside agency must get to the bottom of what happened.

“If they don’t have subpoena power, when they start asking questions, people are going to tell them to pound sand,” he said.

Hall said the only agency he can think of to handle such an inquiry is the U.S. Justice Department.

“The problem is not in the police department,” he added.

Danne Johnson, a retired Vancouver sergeant, said the city council should be asking questions about the settlement.

“Somebody has made a terrible mistake that has caused a lot of grief for a young man who was a very fine police officer,” he said.

As in past meetings, speakers said any inquiry must go beyond the police department to include City Manager Pat McDonnell and City Attorney Ted Gathe.

Gathe, clearly irked, said some people seem to believe crimes have been committed.

“My department and myself and others are being accused of things that are simply not true,” he said.

Gathe’s irritation might have been triggered by the comments of Winnie Clements, a former assistant city prosecutor who offered a dark portrait of Gathe’s office. Attorneys were bullied and harassed, she said, adding that they were stonewalled by the human resources department and retaliated against by the city manager’s office.

Clements said the Sharma case is only “a small piece of a big picture.”

“To not broaden the scope of this investigation, to not put it in the hands of the Department of Justice with subpoena and witness power, would be a disservice to the citizens,” she said.

Two weeks ago, council members Pat Campbell and Jeanne Stewart voted against the Sharma settlement and questioned if the city were trying to unfairly blame the police department.

The testiness continued Monday.

“I just don’t see what the resistance is here,” Campbell said.

“We are all talking about the same thing,” Councilwoman Jeanne Harris replied. “So I don’t want to hear that from you.”

Mayor Royce Pollard also didn’t try to hide his irritation, at one time questioning why a television cameraman was covering the meeting and whether he had been tipped off in advance. TV reporters rarely attend the city council.

Pollard said it’s important to remember the case started when an officer, referring to Sharma, filed 78 false police reports.

“Not grammatical errors or misspelling,” he said. “Seventy-eight DUI reports that were wrong. … Not two, three, five. Pretty serious stuff.”

by Bob Koski : 10/7/08 8:13am - Report Abuse

Here is a link to the real story that took place at City Hall last night.

Thank God for the Oregonian...

Vancouver may see $6 million budget deficit

City councilors prefer service cuts and fee increases to trimming police or fire departments

http://www.oregonlive.com/metronorth/oregonian/index.ssf?/base/metro_north_news/1223355314276530.xml&coll=7

Here's a link to CVTV's coverage of the Budget Workshop last night.

http://www.cityofvancouver.us/cvtv/cvtvarchive2/City_Council_Workshops/2008_Events/October_2008/10-06-08/1_City_Managers_Recommended_Budget.wmv

As you watch this video, and listen to Lloyd Tyler, the City's Budget Manager talk about how these deficits have grown, ask yourself what the money has been spent on over the past years in a Royce Pollard Administration, that lead us to have such enormous deficits now...

I would say that this budget deficit is part of Council Member Jeanne Harris' legacy, and from what I hear, based on meager campaign contributions, Clark County residents aren't anxious to have Harris do to the County what she helped do to the City of Vancouver....

by bruce hall : 10/7/08 10:51am - Report Abuse

I hope the citizens of Vancouver note, if they review the "tapes" of the council discussion about how some of them want to proceed with the inquiry or investigation of the Off. Sharma case, how Mayor Pollard states that he "doesn't know about subpoena power". My interpretation of that is that Mayor Pollard does not want an outside agency with subpoena power to do the investigation. Why is that? That is the only way to get to the real issue at hand.

Secondly, the city manager went on to describe, as did some council members, about putting out a request for services where they spell out exactly what they want investigated. This means that they want to hire someone or some group to do an investigation. This is exactly what is dangerous as the objectivity of the "agency", read private investigative firm, goes down in direct proportion to how much they are going to be paid. Councilwoman Stewart very accurately asked why do we have to pay someone to investigate this when the Department of Justice will do it for free. (They also have subpoena power and arrest power.)

For a city with the need to be prudent with their tax money, why wouldn't they use the DOJ?
As councilman Campbell stated, what do we have to hide? Good question.

by RightThing 2Do : 10/7/08 1:31pm - Report Abuse

If someone in committed perjury during Federal Court testimony in the Sharma vs City of Vancouver case, they should be held accountable to the Federal Courts, regardless if they were the City Manager, the Mayor, the City Attorney, a VPD Commander, a VPD Asst Chief, or anyone else in position of power and authority.

These positions are held to an even higher standard than those standards, expected of an officer or a citizen. They must be held accountable, even if it means rightful termination and incarceration.

Cleaning up America's Vancouver, one 'bad' apple at a time.

Be Safe, Educate Yourself, Keep the Peace.

by Goldie Davich : 10/8/08 3:48pm - Report Abuse

More details of the 10-06-08 Vancouver City Council meeting can be found on this blog: <a href="http://corruptvancouver.blogspot.com/">Here</a>

Why does the Mayor and other city council have a problem with selecting a public agency, such as the Department of Justice, to do the review of the VPD, City Attorney and City Manager's office? It is my understanding that the city would NOT HAVE TO PAY to have the review done by the DOJ. Why add to the deficit? The only reason I can see is that the City Council etc don't want to answer to an agency with subpoena and arrest powers ie; an agency they can't lie to.

by RightThing 2Do : 10/9/08 12:00am - Report Abuse

The City's Attorney, Mayor, and Manager hid from the law.......

It is very clear from statements made during the Oct 6th Vancouver City Council Meeting and the Channel 2 News clip aired on Oct 7th, that the City Attorney, Ted Gathe, and Mayor Royce Pollard are attempting to hide or shield the city from the 'strong arm of the law'.

They are pushing a private business, that has no obligation to dig for information where needed, and cost tax payers a ton of money. (Rumors have it that the City paid a private investigator $10,000 to investigate VPD Mitch Barker for an "unethical" incident where had questions to a Chief's Interview, giving him an unfair advantage to the hiring process. He was not fired, but received a Letter of Reprimand by City Manager Pat McDonnell.)

In the real world, un-spun from politicians, when a 'vicitm' or a 'reporting person' believes a crime has been committed, a law enforcement agency is compelled to look into it and conduct some sort of investigation. If during the investigation, it is found that crimes had been committed, then formal charges can be filed with the courts.

"My department, and myself and others are being accussed of things that are simply not true." said Gathe in the Oct 6th City Council Meeting.

In a Channel 2 News clip, Gathe said a federal investigation would be 'out of line' and commented, "I think it is completely inappropriate, but I urge the council to do a complete and thorough investigation so our people's reputations, ah, can not be tarnished by these kinds of baseless accussations."

If the City Attorney himself, or other City Attorney's Office staff committed perjury during the Shama depositions, such as the circumstances related to firing, or resignation, of former City Attorney J. Townsend, then it should be looked into by a criminal investigator, not a private business.

Channel 2 News Reported Bob Heye asked of the Mayor, "For the critics who are saying that you got to have the feds involved, how do you answer that one?"

Mayor Royce Pollard answered, "Well, you know, I don't think that's neccessary, really. There, there is you know, no one was found guilty, ah, in this, in these hearings, so you don't have a guilty party, ah, you know, and you got to have a crime in order for the feds to get involved."

Ah, er, uh .... DOH!!! Maybe the Mayor was suggesting that there SHOULD be a criminal investigation done prior to getting the feds involved. In a real world, a real investigation, the criminal investigation is done BEFORE anyone is found guilty!!!!!

It is sooo ironic that VPD Admin and the City Attorney's Office wanted to hang Ofc Sharma and railroad him through a flawed I.A. process, and requested criminal charges against him, but Clark County Prosecuting Attorney Art Curtis advised that no charges could be filed without a criminal investigation.

So let us follow the same legal procedure that was offered to Sharma.

In referenece to Gathe and criminal accusations of him and his staff, he admitted he and his staff were "accused of things that were simply not true" (perjury and violation of civil rights). He also urged "the council to do a complete and thorough investigation so our people's reputations, ah, can not be tarnished by these kinds of baseless accussations".

In reference to Mayor Pollard and the feds not involved unless there crimes committed or people found guilty, it sounds as if he is encouraging a criminal investigation in order to determine if crimes were committed, and also is encouraging a hearing or trial in order to determine if any one is guilty.

You can't have a guilty finding without a crime or suspect(s).

Ask The City Manager, or the City Attorney, or The Mayor about the Hernandez vs CIty of Vancouver case.

Rolando Henandez was a former City of Vancouver employee. He was a victim of a race based harassment where the city did not take his complaint seriously. He filed a lawsuit locally, but the City Attorney's Office made a motion to dismiss, with requests to prevent important statments entered as evidence. The case was dismissed.

On April 14, 2008, the 9th Circuit Court of Appeals reversed a local lawsuit. In favor of the victim, Rolando Hernandez. In the 11 pg reversal, it states, "The evidence, in viewed in the light most favorable to Hernandez, goes to show that a conspiracy existed between Tanninen and the city to cover up the investigation of race-based hostility." Words from Federal Judges. (Tannien was Hernandez's supervisor)

This ruling, less than 6 months ago, makes it evident that corruption, like cover ups within the city, are being recognized at the Federal level

It is obvious that the City is protecting their own by avoiding a law enforcement agency from conducting an investigation. A private business can not conduct a complete and thorough investigation, nor can it hold people accountable if they were to uncover any wrongdoings.

When Asst Chief Mitch Barker "runs away" or retires this October 31st, no private business can force him to cooperate or hold him accountable. He would be able to wrongfully fire employees, and get away with it.

Media Coverage Oct 7th:

http://www.katu.com/home/video/30607264.html?video=pop&t=a

Cleaning America's Vancouver, one 'bad' apple at a time.

Be Safe, Educate Yourself, and Keep the Faith

by RightThing 2Do : 10/9/08 10:52am - Report Abuse

ENOUGH IS ENOUGH !!!!

This needs to go beyond the City level, the Washington State's Attorney General's Office must be contacted, as well as the Department of Justice.

There should be a panel, or a steering committee of citizens, VPD Officers, and Sharma's Law Team, that could find a trustworthy neutral law enforcememnt agency, with subpoena and arrest powers, at no cost to the public, that could do a complete and thorough investigation.

How does the Mayor or City Manager expect a complete and thorough investigation, to something of this magnitude (perjury, conspiracy, and violation of civil rights) be conducted in 60 - 90 days, when an Internal Affairs investigation for Rudeness, or Insubordination takes 6-9 months to complete??

Just as Assist Chief Barker (and oter VPD Admin Staff), along with City Attorney Ted Gathe (and other City Attorneys), and perhaps City Manager Pat McDonnell and Mayor Royce Pollard, wanted Officer Sharma's "head on the chopping block, it is their turn in the 'hot seat' or 'on the chopping block'.

This will not go to rest until justice is done, it's in the local news, let's go national! It's "Show Time!" folks!

Cleaning up America's Vancouver, one 'bad' apple at a time!

Be Safe, Educate Yourself, Keep the Faith

by Cindy Cleveland : 10/12/08 7:17am - Report Abuse

The City has many ghosts and Skeletons in the closet that need to come out once and for all! The Fire Department, Human Resources, and connections where outside agencies have City Employees working there also need to be looked at. The Blind eye needs to SEE again....let the surgery begin!!