Yakima tells police union to back off

YAKIMA, Wash. -- The city of Yakima is rebutting any efforts by its police union to inject itself into an investigation of a sexual harassment complaint against Chief Sam Granato.

Contrary to police union demands, the city says it won't place Granato on leave during the city's investigation. Nor will it stop and revamp the investigation to include union involvement.

Instead, the city calls its investigation impartial and says that Granato's status isn't the union's to decide.

"Such a decision is a management right which the City, in its sole discretion, will determine," attorney Rocky Jackson wrote in a letter to the union dated March 6.

Jackson's response was included in records requested by the Yakima Herald-Republic. City officials had not previously detailed their response to the union's demands that were contained in a grievance filed last month.

The union's complaints were the latest skirmish between the chief and the union, which accuses Granato of a pattern of favoritism and retaliation.

Some of the friction stems from Granato's attempt to impose random drug testing on officers. Some of it is continuing fallout from earlier problems associated with the Yakima Police Athletic League.

All told, nine legal claims have been filed against Granato in just over a year. On Monday, a sergeant became the latest officer to follow through on a threat to sue the city.

In her lawsuit filed in Yakima County Superior Court, Sgt. Brenda George alleges Granato retaliated against her for reporting that one of his friends on the force had been making fun of a civilian employee at YPAL.

The employee, Crystal Dodge, alleged that Officer Ben Hittle made fun of her speech impediment. She sued the city and last year won a settlement for $200,000. Hittle has since retired.

George's lawsuit was filed by Yakima attorney Bill Pickett, who is also representing Stacey Andrews, the officer behind the sexual harassment complaint.

Details of the alleged harassment have not been made public, and the union initially took pains to distance itself from the complaint that was filed earlier this year.

But the union filed a grievance with the city on Feb. 27 after a Seattle attorney hired by the city to represent Granato threatened to countersue Andrews for libel.

The union's attorney, Jim Cline of Seattle, accused the city of failing "to competently or fairly investigate" the Andrews complaint, which has since grown into a $3 million legal claim.

The union's grievance cites eight separate alleged violations of its contract, including claims the city retaliated against Andrews and improperly paid for Granato's legal defense.

In his response, Jackson repeatedly wrote that Granato is in management and that management issues are not covered by the union's collective bargaining agreement.

Jackson, a private attorney hired by the city in this case, also insisted that the investigator hired by the city, Ellensburg attorney and Central Washington University professor Nancy Graber, is handling the case independently.

"Ms. Graber has independent authority to investigate, receive relevant information and conduct a complete, full and fair investigation of all allegations" made by Andrews, Jackson wrote.

Cline, the union's attorney, did not return a phone call Wednesday. Results of Graber's investigation are not expected for at least several more weeks.

Also released by the city were documents pertaining to a January kissing incident involving Granato.

That incident was reported by an unnamed city employee, who said she was bothered that Granato kissed her on the lips after a chat in his office that ended in a hug.

Granato was "counseled" by City Manager Dick Zais and given a refresher on aspects of city policy, according to documents released by the city. The recipient of the kiss was not employed by the police department.

Granato did not return a phone call seeking comment on this story. In previous interviews, he described the kiss as unromantic in nature and the result of a cultural misunderstanding having to do with his South Texas heritage.

* Chris Bristol can be reached at 577-7748 or cbristol@yakimaherald.com.