Civil Service Commission Minutes - 06/21/2000v
MINUTES OF THE MEETING
CIVIL SERVICE COMMISSION
June 21, 2000
RECEIVED IN
CITY CLERK'S OFFICE r,n
Date
By Titre
Today's meeting is a scheduled meeting in the involuntary
demotion of Police Sergeant Mark Kisinger. The meeting was
convened in the City of Wichita Falls Council Conference Room.
Attendance is as follows:
Present
Ron Bullock, Chairman
James Irl Montgomery, Vice - Chairman
Dr. James Harris, Commission Member
Jan Stricklin, Director of Civil Service
Greg Humbach, City Attorney
City Staff Staff Liaison
Ken Coughlin, Police Chief Lupe Esquibel, Assistant Liaison
Mark Kisinger, Police Sergeant
Call to Order:
Item 1- The meeting of the Wichita Falls Fire Fighters and Police
Officers Civil Service Commission was called to order by Chairman
Ron Bullock at 8:30 a.m.
Item 2 - Mr. Bullock stated the Commission was ready to hear Item
#2, Involuntary Demotion Hearing of Police Officer Mark Kisinger.
Mrs. Stricklin read into record Sgt. Mark Kisinger's appeal. The
involuntary document, attachment A, was not read into record but
was submitted. Mr. Humbach stated that the purpose of the Civil
Service Commission meeting for today was to determine probable
cause, not a full hearing or witnesses to be called, to have this
appeal presented to a Third Party Hearing Examiner. Mr. Richard
Carter, CLEAT attorney representing Sgt. Kisinger, agreed with
Mr. Humbach and also stated that the statutes involved in this
hearing were not written correctly pertaining to demotions
relating to a hearing examiner. Mr. Carter stated that the
interpretations being that the Civil Service Commission and the
department head cannot demote an individual until after the
hearing is heard (in this case) by the Third Party Hearing
Examiner and then based on that examiner's ruling. Mr. Bullock
stated that Mr. Carter may be correct in that a problem may exist
in the interpretations. Mr. Humbach stated that the basic point
for this hearing was to determine by the Civil Service Commission
if there was probable cause for the demotion and that the
clarifications may need to be done by the courts.
Chief Ken Coughlin was asked to speak and was sworn in by Mr.
Humbach per Mr. Bullock. Chief Coughlin stated that the
investigation towards Sergeant Kisinger was initiated due to a
complaint by a citizen and some police officers due to excessive
abusiveness. A thorough internal affairs investigation was
conducted by Lt. Arnold and Sgt. Valdez and the findings were:
neglect of duties, conduct unbecoming an officer, and excessive
force by one police officer under the supervision of Sgt.
Kisinger. Seven to eight different incidents were found to have
excessive abuse towards individuals by the officer under Sgt.
Kisinger's supervision and violations of the Wichita Falls Police
Department Rules and Regulations by both men. Sgt. Kisinger knew
of these abuses but neglected to report them up the chain of
command and failed to put them in the reports involving these
arrests or cases. Numerous incidents occurred where General
Orders were violated, state laws and case laws were violated,
search warrants were obtained inappropriately with illegal
searches conducted, didn't identify an informant in a warrant and
illegal use of a juvenile informant. Chief Coughlin stated that
when Sgt. Kisinger was brought before a Laudermil Hearing, Sgt.
Kisinger was told about all the violations, each one discussed
step by step in detail. Chief Coughlin stated that Sgt. Kisinger
acknowledged some of them in that he used bad judgement and some
of them Sgt. Kisinger felt that he acted correctly and would
stand by his decisions and that he would not change his
interpretations of the laws. At the conclusion of this meeting
Chief Coughlin reached his decision and made the recommendation
that Sgt. Kisinger be demoted to a Police Officer. Dr. Harris
asked the Chief to explain his decision in demoting Sgt. Kisinger
and only giving the other officer a 30 -day suspension. Chief
Coughlin stated that Sgt. Kisinger being the supervisor failed to
act in a supervisory capacity when the officer violated General
Orders and then continued to allow this behavior. That Sgt.
Kisinger was keeping everything that occurred with his officers
within the unit, not allowing it outside the unit and no actions
taken to make corrections. That the officer was new in the
Narcotics Division and should have been told and counseled when
he acted inappropriately and violated the General Orders, so that
it would not happen again.
Sgt. Kisinger was asked if he would like to address the Civil
Service Commission and Mr. Carter stated that his client did not
wish to address the Commission but would rather address a Third
Party Hearing Examiner.
After a lengthy discussion the Civil Service Commission adjourned
to go into Executive Session. Meeting recessed at 9:23 a.m.
The Civil Service Commission meeting was called back to order at
10:29 a.m. Mr. Bullock read into record a statement the
Commission had prepared. The statement concurred that probable
cause did exist for the recommendation of demotion by Police
Chief Coughlin. Mr. Montgomery made a motion for the
recommendation of demotion and Dr. Harris seconded, motion
passed.
Mr. Bullock stated that the Civil Service Commission needs to
become informed when an issue of abuse of authority occurs. That
the Commission considers this to be a very, very serious matter
and will address any complaints by the Wichita Falls Police
Department. He also stated that the Wichita Falls Police
Department is a strong department and does not feel this is a
wide spread problem.
There being no further business, the meeting adjourned at 10:35
a. m.
old Business: None.
New Business: None.
Respectfully submitted,
/
Ja trick in
D rector of Civil Service