Officer's suit not resolved despite his death

Yakima's police union will pursue one of two cases related to the firing of late officer Mike Rummel.

Union leaders advised members of the decision in their cases this week after conferring with their attorney, said Detective Mike Nielsen, president of the Yakima Police Patrolman's Association, which represents the department's 125 officers and sergeants.

Rummel was fired in 2005 after the city alleged that he violated a last-chance agreement linked to a 2002 drunken driving arrest.

The union countered that police Chief Sam Granato fired him in retaliation for the union's resistance to random drug testing.

Although described by union officials as a good officer, Rummel had struggled with severe depression and alcohol use.

Rummel, 41, shot himself to death Feb. 1 following a short police pursuit that ended at his home outside Toppenish.

The case the union has decided not to pursue is an appeal that was directly related to Rummel's termination.

In a decision that was intended to be binding, an arbitrator ruled that he deserved his job back.

A Yakima County Superior Court judge and Spokane-based Division 3 of the state Court of Appeals disagreed when the city appealed, saying the arbitrator had overstepped his bounds.

Nielsen said the union still believes Rummel should have been reinstated, but union attorney Jim Cline advised the group's executive board that the Supreme Court was not likely to accept the case due to Rummel's death.

The second case, which is being heard in the Tacoma-based Division 2 of the appeals court, argues that Granato committed an unfair labor practice, specifically by firing Rummel to get back at the union.

A hearing examiner for the Public Employment Relations Commission had sided with the union, but the full commission overturned that finding. A judge in Thurston County, where the commission is based, supported the commission, which prompted the appeals case.

In a separate matter, a judge has dismissed Rummel's federal lawsuit against the city over his firing.

Rummel's attorney had sought dismissal in a motion filed Jan. 30, two days before Rummel shot himself to death.

The reason for the dismissal of his federal lawsuit, filed last year, was not specified, though the city's attorneys had denied the allegations and raised concerns about technical deficiencies in the complaint.

The motion, approved last week, left open the possibility that the case could be refiled.

Rummel's attorney has not responded to a request for more information.

* Mark Morey can be reached at 577-7671 or mmorey@yakimaherald.com.