Loading...
HomeMy WebLinkAboutMINUTES Public Safety Committee 1977-01-24BRADFORD PUBLISHING CO., DENVER RECORD OF PROCEEDINGS 100 LEAVES Public Safety Committee ✓January 24, 1977 Committee: Chairman Burgess, Trustees Petrocine and Sutter Attending: Chairman Burgess, Trustees Petrocine and Sutter Also Attending: Mayor Tregent, Trustee Houston, Town Administrator Hill, and Chief of Police Ault Absent: None DISCIPLINARY ORDER HEARING: Sergeant Walter Kappely appealed the disciplinary order dated December 13, 1976 by Chief of Police Ault which was placed in Sergeant Kappely's personnel file. In accordance with the "Personnel Policies" of the Town of Estes Park, the Public Safety Committee reviewed the above men- tioned order. The Committee also reviewed the file on this matter and listened to remarks by both Sergeant Kappely and Chief Ault. Chairman Burgess voted to remove the disciplinary order and members Sutter and Petrocine voted to have the disciplinary order remain in Sergeant Kappely's personnel file. Therefore, according to Town of Estes Park regulations, the disciplinary order will remain in Sergeant Kappely's file. LAW ENFORCEMENT ASSISTANCE ADMINISTRATION: A letter dated January 11, 1977 to Mayor Tregent from the COG Criminal Justice Planner Michael D. Maag was reviewed by the Committee. After a short discussion the Committee decided to hold its next meeting on February 7 1977 at 3:00 p.m. at which time Chief Ault will present Department needs that are eligible for LEAA programs. SILENT ALARMS: The Committee discussed the annual 1976 silent alarm report from the Police Department. The substantial reduction in false silent alarms indicates the regulations now in effect have been very successful. DECEMBER POLICE REPORT: The Committee examined the December 1976 Police Department report. BIDS ON EQUIPMENT: The Committee recommends the Police Department be authorized to obtain bids for the following: Mobile radio, dog truck, and patrol car. REPORTS: NOISE CONTROL - Chief Ault reported on equipment and training required to enforce a noise control ordinance. The Police Depart- ment will conduct a•winter/summer noise study. SPEED LIMITS AND LOADING ZONES - Chief Ault reported the Uniform Traffic Code schedules are now changed to reflect the speed zone changes and the West Elkhorn Avenue loading zone. The loading zone discussed for Moraine Avenue was tabled. DICTAPHONE RECORDER - Chief Ault reported the 1976 expenses on the police recorder amounted to $500.17. The annual service contract would amount to $488. The Committee decided the maintenance in 1977 would most likely be less, so decided not to recommend a service contract. LIABILITY FOR AMBULANCE TRIPS - Chief Ault reported on his BRADFORD PUBLISHING GO., DENVER RECORD OF PROCEEDINGS 100 LEAVES Public Safety Committee January 24, 1977 Page Two (2) discussions with the Hospital regarding ambulance trip payments. The Committee directed the Chief to study this matter further and report back to the Committee. There being no further business, the meeting adjourned. Dale G. Hill, Town Administrator December 18, 1976 To: Dale Hill From: Sgt. Walter Kappely Ref: Letter of Reprimand Sir, In reference to the attached written reprimand I received from Chief Ault on December 13,1976, I would like to object to this reprimand and request it be removed from my personnel record. My reasons are as follows. 1. Several weeks before the incident referred to in the reprimand, I found out about a tour of the Boulder Communications Center that was to be given on December 10, 1976. I mention to Chief Ault that I would like to go on this tour. He said it would be all right and he gave me a copy of the letter describing the tour. The letter stated busses would be going to Boulder from Loveland and would leave Loveland at 9:30 am on the loth of December. Since this was the only information I was given,I assumed we would be departing Estes Park about 8:30 am so we could arrive in Loveland in time to catch the bus. I arrived at the Police Dept. at 8:30 am on the morning of the tour and waited until 9:30 am for Chief Ault to arrive. I thought I had waited long enough and since I was tired from working the night before, I went back home and went to bed. 2. This was not my regular working hours. This was my own time off. I know of nothing in the regulations that says the chief can order me to go on a tour on my time off. 3. The written reprimand stated I violated sec. 2-b-- Refusal to comply with proper commands or instructions. At no time was I ordered or instructed to attend this tour. It was my own request. I do believe it would be common courtesy on the part of Chief Ault to keep me better informed on any change in plans. 4. He form "says e was not d ". he has on the tedwhatt 1 said.hI told ChiefnAult Again that Iwas not advised of when we suppose to leave. 5. I do not believe my presence on this tour would have any effect, one way or the other, on the future planning of our communications system. 6. I believe this disciplinary action to be unjust and a gross misuse of authority on the part of Chief Ault. I hearby appeal this action and request it be removed from my record. cc to Chief Ault. Since ]ai ap ` a terr K TOWN OF ESTES PARK Estes Park, Colo. 80517 Dale G. Hill Town Administrator Sergeant Walter Kappely Estes Park Police Department P. 0. Box "1287 ..Estes Park, Colorado 80517 Post Office Box 1200 Phone 1303) 586-5331 December 28, 1976 Dear Walt: Due to the recent grievances filed on December 26, 1976 and the resulting problems, I am going to delay my action on your inquiry regarding the December 10th Communications Tour. I am sure you can realize the difficulty the present 'situation has placed'me. Your request of December 18, 1976 Will be acted upon. just as soon as the facts can be verified. If you have any. questions regarding this'matter, please let me know. Sincerely, Dale G. Hill Town Administrator DGH:jvh cc: Robert W. Ault TOWN OF ESTES PARK Estes Park, Colo. 80517 Dale G. Hill Town Administrator Sergeant Walter Kappely Estes Park Police Department P. O. Box 1287 Estes Park, Colorado 80517 Post Office Box 1200 Phone (303) 586-5331 January 5, 1977 Dear Sergeant Kappely: After considerable consideration, I hare come to the following conclusions regarding your letter of December 18, 1976 and the disciplinary order by Chief Ault dated Dec,-ber 13, 1976: 1. Your request to attend the communications con- ference . in Boulder and the Chief's subsequent acknow- a .e_ ment and the fact that he then gave you a copy of the letter describing the tour does infact imply his ins rac_ tion to you that he expected you tl2tte^d. The coafC�jon over the departure time was unfort ate, but any reaso:able employee under the supervision of ape: -or would judgement, have enough initiative resol , is Ls and, in this particular situation,+.. >e the confusion pact the Chief for the purpose of clarifying the time de°a., Lure. My in_ formation indicates you were advis the dispatcher on duty that the departure time was t 9.30 A. „ __. 2. I do not agree with your ention that the Chief of Police cannot require overtime from his officers , Both the Police Department rules a2tior� 4.6 A) and the Personnel Managemon 'classifications (section dicate this authority is allowed a r� ed. Common in - sense sense itself in the operation and _ent of pality demands such authority. r'unici_. 3. The disciplinary order of t %3 o^ which you were advised that certain i-i6 in complied with is valid in - jud�;eml ctT°ns were not As r said your request to' attend this meeting��,Q �,,�� before, ie- s subseque TOWN OF ESTES PARK Estes Park, Colo. 80517 Dale G. HiII seraWiltmftfter Kappely January 5, 1977 Page Two (2) Post Office Box 1200 Phone (303) 586-5331 acknowledgement and acquiescence of your request amount to the'same thing as an order or instruction. 4. The Chief's notation concerning the statement "says he was not contacted" was a subsequent addition to the dis- ciplinary order. In my judgement this statement did not belong on the order, but should have been submitted to this office in more detail in a letter separate from the disciplin- ary. order. 5. As you were the communications officer for the Police Department, I feel your presence was definitely needed for the future planning of the department's communications. 6. As stated above, I feelthe method and timing of the notification could have been accomplished in a more pro- fessional manner (writteninstructions), but I do deny your request to remove the document from your file. As a matter of proper procedure the Police Department will be instructed to place this letter in your file along with your letter of December 18, 1976. Sincerely, Dale G. Hill Town Administrator DGH:jvh cc: Mayor Tregent Public Safety Committee Chairman Robert E. Burgess Chief Robert W. Ault January 14, 1977 TO: Mr. Robert E. Burgess, Chairman, Public Safety Committee FROM: S erg eant Walter Kapp ely SUBJECT: Reference Final Appeal of Disciplinary Action, referring to a tour of the Boulder Communications Station and subsequent letter Sirs: Enclosed you will find copies of a Disciplinary Order, my Appeal to the Town Administrator, Mr. Dale Hill, Mr. Hill's letter to me upholding the Disciplinary Action, and my Final Written Appeal to the Public Safety Committee as permitted by Personnel Policies of the Town of Estes Park. My explanations for appealing this Disciplinary Action Follow: 1. Up to the time I received the Disciplinary Order from Chief Ault, I had no idea that I had received an order in reference to the trip to Boulder, much less disobeyed an order. However, both Chief Ault and Mr. Hill have come to the conclusion that I did receive an order. Would you normally order a man to do something if he has already volunteered? Orders are supposed to be clear and concise. I disagree with the reasoning that because Chief Ault agreed to let me go on this tour, an order -had -been issued. I was merely given permission to go on the tour and that is how I looked at it. I also question the fact that I received a Disciplinary Order in writting when a simple conversation would have solved whatever problem existed. If in fact I did disobey an order, I did not do it deliberately and I do not see why my record should be marred with this type of action. Since this type of Disci— plinary Action is very rare in the Police Department, I wonder why Chief Ault took such a drastic method to discipline me. I just don't think the punishment fits this type of offense. 2. The fact that I am the Communications Officer has been mentioned several times and apparently has some bearing on my disobeying an order. It is true that I am called the Communications Officer, but I have never been instructed 2 as to my duties, responsibilities or authority. I have never up to the time of this Disciplinary Action, had anything to do with the hiring or training of dispatchers, nor has my opinion ever been solicited concerning these matters. I am usually used as cheap labor to repair the sirens and other electronic equipment in the department. I have attended several meetings in reference to this county wide communica- tions setup and I have found them to be an extremely general meeting. In- formation given is not technical concerning aspects of electronics. I had no reason to think this one would be any different. I have found from talking to one of the people who attended the tour that a short general informational meeting was held prior to the tour of the building. Even though Chief Ault attended this tour, he has failed to tell me any infor- mation from this meeting that would be important for the future planning of our Communications System. Yet this was one of the reasons he stated for this Disciplinary Action. I believe the importance of this tour was highly .overrated. I have also heard that another meeting was held shortly after the first of this year concerning the hiring of a Director for the Communication Center and Chief Ault asked several people to go to the meet- ing with him. I was not notified, ordered, instructed, or otherwise asked to attend. I would think this meeting would be on the same level of im- portance as the one I failed to attend, yet my prescence was not required. 3. Mr. Hill states in his letter that any reasonable employee and n of a Superior would have enoughThere under sup erh There initiative to resolve the confusion. T was no confusion in my mind as to the time of departure until I arrived at the Police Department the morning of the tour. It has been my experience, learned from books, supervisor schools and twenty years as a supervisor, that a good supervisor will keep his men properly informed as to what is going on. 4. Gentlemen, in summation, I feel that I have been disciplined much toharshly y for something which I was unaware that I had dcne, the act ofdisobeyingan order. I think the contention that this was an important meeting was false and was added to the Disciplinary Order to lend weight to an otherwise very weak reason to write the Disciplinary Letter in the first place. The con- fusion as to the time of departure was unfortunate as Mr. Hill states, but I believe it does play a minor part in the situation. I appeal to the mem- bers of the Public Safety Committee to rule in my favor and order this Disciplinary Action be removed from my record. Sincerely, 1 altit, 14fj1 S erg eant Walter Kapp ely WK/kb cc: Dale Hill, Town Administrator Harry Tregent, Mayor R.W. Ault, Chief of Police