Selah, police chief staying quiet

SELAH -- When the city's police chief resigned last month, the mayor insisted the parting was amiable.

But in an agreement that Selah refused to release until Monday, the city and chief agreed not to sue or criticize one another, and the city promised to remove any derogatory information from Ricardo Gutierrez's personal files.

Selah officials, who twice refused to make the agreement public, only provided it after receiving a letter from the state Attorney General's Office debunking their reasons for withholding it.

Gutierrez abruptly resigned March 10 after 18 years with the department. Mayor Bob Jones said he'd "always gotten along very, very well" with the chief and said Gutierrez was leaving "to pursue other job opportunities."

The city gave Gutierrez six months' salary of $36,606, six months of medical insurance valued at $4,600 and accrued sick leave and vacation time. The city will provide him with a positive letter of recommendation, and Gutierrez may seek unemployment benefits without interference from Selah city officials, according to the agreement.

Jones said the terms of the separation agreement are common.

"Rick is a very nice individual. I wish him the best. Evidently, he was not that happy with his job because he was pursuing other employment," Jones said Monday. "I think you guys are looking for something that is not there."

Jones added that Gutierrez deserved his severance pay because he had given nearly two decades of service to the city. Jones could not recall any other long-term employee receiving a similar benefits package.

The Yakima Herald-Republic requested a copy of the agreement March 25 but was told the city did not "possess" the record. The newspaper again requested the information on April 3. This time the city said the record was a part of Gutierrez's personnel file and was exempt from public disclosure.

When asked to explain the discrepancy, City Attorney Bob Noe said the Herald-Republic had requested a copy of the "settlement" agreement, when the document is instead termed a "separation" agreement. Noe said Monday he decided to stop "playing word games" when he received the newspaper's second request, which he denied, saying the agreement was exempt from disclosure because it contained personal information.

The argument was deemed inadequate by Tim Ford, assistant attorney general. The Herald-Republic sought Ford's help in obtaining the record. He wrote the city, explaining that "disclosure is the rule, and exemptions are the exception."

He further wrote that personal information in the settlement agreement must be disclosed if it's of legitimate public concern -- and it is, since the agreement is a binding document that could be used in open court if the terms are violated.

Ford contacted Selah on Friday, and the city provided a copy of the separation agreement to the Herald-Republic on Monday.

Earlier this month, Gutierrez said he couldn't comment about his resignation because that would violate his agreement with the city. Gutierrez's attorney, Gary Lofland, has also refused to comment on the matter.

Gutierrez worked as Selah's police chief for more than five years. His resignation went into effect April 1, after he used up his accrued sick leave.

Gutierrez oversaw about 24 people, including reservists, and earned an annual salary of $73,212. Before working in Selah, he held full-time positions with police departments in Mabton, Toppenish and Sunnyside.

* Erin Snelgrove can be reached at 577-7684 or esnelgrove@yakimaherald.com.

• The Classified Marketplace
• • Announcements
  • Public Notices
  • Legal Notices
  • Merchandise
  • Yard Sales
  • Animals
  • Finance

• Newspaper Ads
  View All