Upheaval continues as Oak Harbor mayor fires police chief

By JESSIE STENSLAND
Whidbey News Times Assistant editor
June 14, 2012 ? Updated 7:10 PM?

Tears were shed at the Oak Harbor Police Department today as the mayor continued his sweep of city administration.

Mayor Scott Dudley fired Police Chief Rick Wallace, just ahead of the City Council meeting Monday at which the council members were set to adopt a measure aimed at preventing the mayor from sacking Wallace and the public works director.

In a memo to employees and council members, Dudley thanked Wallace for his 35 years of service to the city and announced the appointment of an interim police chief.

"In consideration of Lt. John Dyer's widely known application for Oak Harbor Police Chief, I have appointed Lt. Tim Sterkel to serve as acting Police Chief," Dudley wrote.

Sterkel, who supported Dudley in last year's campaign, was presumed by many to be Dudley's choice as the next police chief. But council members threw up a roadblock by adding the condition to the police chief's job description that he or she must have a bachelor's degree, which Sterkel does not. But Dudley can appoint his choice as interim police chief in perpetuity.

Dyer, the other lieutenant in the department, has applied for the chief position, as have 14 other candidates.

The move will undoubtedly cause consternation among city council members and may result in some fireworks at the upcoming council meeting; the meeting is being held Monday at 6 p.m. because of a lack of a quorum at the regular Tuesday meeting time. Since taking office in January, Dudley fired the city administrator, two city attorneys, the fire chief and now the police chief. He named a city administrator and then replaced him. The human resources director found another job and is leaving soon.

"I'm most concerned about city employee morale," Councilwoman Tara Hizon said today. "People over at the police department were crying. People are upset. It's very discouraging."

In addition, Hizon said she's concerned about the likelihood that Wallace will file a lawsuit.

"We have so many other things we need to be dealing with right now," she said,

After taking office, Dudley initially gave Wallace the choice of retiring this summer or being terminated immediately. Wallace opted to retire and handed in his retirement letter.

The city started the process of finding a replacement for Wallace after the new fire chief was named. The advertising period is over, but interviews haven't begun yet.

Then Wallace hired attorney Chris Skinner and they concluded that Dudley didn't have the legal authority to force Wallace out without a reason. Dudley believes that the police chief is an "at-will" employee who serves at the will of the mayor and can be fired without cause. But Wallace and Skinner concluded that he's a "for-cause" employee ? who can only be fired for a cause ? because he doesn't have a contract and the language in the city code is unclear.

Skinner sent the city a letter on Wallace's behalf, stating the chief was withdrawing his retirement letter and plans to continue working. Skinner threatened a lawsuit if Wallace is fired or retaliated against.

At their last meeting, council members considered a revision to the personnel code which would have clearly designated the police chief as an at-will employee. Bill Hawkins, the former city attorney, previously said that adoption of the personnel code would essentially nullify Wallace's case against the city since employment status rights are vested.

But Skinner addressed the council and suggested that the employment status for both Wallace and Public Works Director Cathy Rosen be "grandfathered in" so they remain for-cause employees. Skinner represents Wallace and Rosen.

In response, Councilman Rick Almberg read a lengthy motion that designates both Wallace and Rosen in the personnel code as for-cause employees and emphasized that they cannot be terminated without cause. He said the motion would prevent litigation and protect valued employees.

The council tabled the personnel code issue, however, until Monday's meeting.

Contact Whidbey News Times Assistant editor Jessie Stensland at jstensland@whidbeynewstimes.com or 360.675.6611 ext. 5056.

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