Union, police chief dispute goes before hearing examiner

A state hearing examiner Tuesday began listening to arguments that police Chief Sam Granato broke labor laws in personnel decisions involving two officers.

The case before the Public Employee Relations Commission is the latest of several labor matters in which the Yakima police union alleges Granato has shown a pattern of retaliation and favoritism.

Granato has denied any such practice, saying he is only trying to improve the department as its first outside chief in years.

The Yakima Police Patrolman's Association, the union for more than 120 officers and sergeants, filed the complaint in March.

The public hearing on the charges -- which include claims that the city interfered with employee rights, discriminated against employees and refused to bargain over negotiable issues -- opened Tuesday at the police department. Testimony from both sides is scheduled to last through Friday before examiner Sally Carpenter.

A decision is not expected immediately.

Bob Hester, the department's senior sergeant who is in his second two-year term as union president, was the only one to take the stand Tuesday.

The case centers on actions taken by Granato and other department officials involving two union members, Sgt. Brenda George and Officer Elaine Gonzalez.

George understood she was due to rotate into a temporary one-year slot as a detective squad supervisor starting in 2008. But she remained on patrol.

The city's attorney, Kirk Ehlis of Yakima, in his opening statement said Granato decided to extend the term of the acting temporary supervisor by one year because the
supervisor had not overseen a
major crime scene.

But the union became concerned because the opening hadn't been advertised internally and because Granato's commanders had issued the updated roster before the chief offered to bargain with the union.

An underlying concern was that George had told Officer Ben Hittle to stop mocking a civilian employee for her speech impediment. Hittle, widely seen as a friend of the chief, accepted a reprimand, although he said he never meant to offend the employee.

Ehlis told the examiner George's union activities had nothing to do with the transfer decision. During cross-examination by Ehlis, Hester acknowledged the union hasn't produced documents supporting the idea that Granato intended to discriminate against George.

Regarding Gonzalez, the union charges that Granato inappropriately made critical comments on her annual evaluation.

Gonzalez, a vocal union officer who has served at least twice in recent years as a contract negotiator, has been critical of Granato, according to union statements.

Granato disagreed with the satisfactory rating she was given in the area of civilian contacts, noting he was aware of "numerous" complaints.

Hester pointed out that only one of the eight demeanor complaints was sustained. Three were still under investigation when Granato approved the evaluation.

On cross-examination by Ehlis, Hester acknowledged that the hand-written comment did not affect Gonzalez's final evaluation score, although such entries had not been standard. Hester voiced concern that the comments could be used against the officer in later consideration for transfers or promotion.