City responds to two fired officers' claims

Tuesday, March 28, 2006

On Monday, Nevada City manager Craig Hubler alleged that a suit was filed against the city of Nevada on behalf of two former police officers, Aaron Kent and D.W. Osburn, both former police officers who were terminated by the Nevada Police Department.

A copy of the suit apparently filed could not be obtained as of press time today; city officials said they did not know in what court the alleged suit had been filed.

"This litigation is completely without merit, and is a continuation of the harassment and intimidation that resulted in the termination of these individuals," Hubler said.

Hubler said that prior to their termination, both officers received notice of this possible action and were offered the opportunity to present a full response and that both were specifically informed of their rights under city code, to appeal the action to the personnel hearing board.

Hubler acknowledged that both allege their terminations had something to do with public safety concerns, which they raised with the department, but states, "this is not the case. No improper or unlawful consideration played any part in the decision to terminate their employment.

"In late 2003, the police department reorganized its internal operations and created the communications and records department. This department has its own chief (Norm Turner) and is responsible for emergency dispatch operations involving … 911 operations with multiple public safety departments…"

A Monday press release goes on to say that former officers Osburn and Kent "engaged in a course of conduct that was detrimental to department operations, which included unfounded assertions against other personnel and concerning other internal personnel matters.

"In complaining about these internal issues, on occasion, these officers attempted to disguise them as public safety concerns. That they were not became evident to the department upon investigation and further discussion with the officers.

"In the course of dealing with these internal issues, the department became aware that these officers were both accusing other personnel of various performance issues and also conducting or attempting to conduct their own personal internal investigations about them. This was highly disruptive to operations, and detrimental to morale. On several occasions the chief of police (Christine Keim) informed both officers of this and instructed that they needed to pursue the correct direction, which was to allow the proper individuals to investigate and handle these matters. In late 2005, one or both of the officers appear to have secretly taped some conversation or part of one with the chief of police where this was explained to and discussed with them. The officers never disclosed this to the city or the department prior to termination and no copy of any recording has been provided to the city or the department."

"Despite what these former officers would have believed the department fully investigated all matters at the time that they occurred and responded to these officers specifically about them. Unfortunately, they failed or refused to accept the proper resolution of these internal issues or supervisory instructions concerning them.

"Ultimately the conduct of these officer led to an internal personnel complaint against them by other personnel and their proper termination."

Hubler reiterated concerns expressed last week in a letter from Human Resources Director Whitney Davis, saying, "if these former officers have genuine public safety concerns as they allege, it is questionable why they would not have approached the city manager directly, why they would not have approached the city council directly, (which they were told they were free do do personally as citizens if they desire) and why they would not have appealed their terminations as permitted by city code. Under the circumstances, on reasonably must question the motive behind these current allegations, and the manner in which they are being made."

Osburn responded to Davis' words, printed in the Friday, March 24, edition of the Daily Mail, with a letter to the editor.

In the letter, Osburn asserts that "We did give a written appeal of our termination. You query why we did not approach the city manager directly or the city council . As you know, Aaron and I both asked of Chief Keim for permission to go to the city manager, city alderman and the mayor. This was done in a respectful manner."

Osburn provided a copy of a letter he says he wrote to Keim on Nov. 11, 2005.

"Chief, I have followed the chain of command within the department in attempt to address my concerns. I am tired of being looked sorely upon, because of my heart being in the right place and therefore expressing concerns which effect our department… I have acted in a respectful manner and in return have been retaliated against. Attached is a memorandum which I believe should be provided to the stated representatives of the city. Out of compliance to the chain of command, I would ask for your approval and support on these issues."

Written documents supplied by Osburn talk of "serious problems effecting the morale, efficiency of the departments and safety of officers and the citizens," and complained of unauthorized access to the dispatch communications room.

The letter to Keim then alleges "one act of retaliation and cover-up-after another," but doesn't detail specific acts of retaliation.

Osburn closed his letter to the editor by saying, "If nothing else, maybe the citizens will find out the truth and the department will be bettered though it doesn't help me take care of my family now that I've been terminated for these truths."

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