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Wednesday, December 28, 2005

Complaints are taken seriously, ombudsman's office says

By ERIC NALDER AND PHUONG CAT LE
SEATTLE POST-INTELLIGENCER REPORTERS

When the King County Ombudsman's Office was created in 1968, it was one of the first in the nation to respond to citizen complaints about government services.

It investigates everything from ethics violations to sheriff's department complaints, but former King County ombudsman Duncan Fowler said it is ill-equipped to properly look into law-enforcement abuse.

The office has too few investigators, and no one with a background in law enforcement, said Fowler, former vice president of the U.S. Ombudsman Association who is now a consultant in Minnesota.

Current ombudsman Amy Calderwood said her office could benefit from having an investigator with law enforcement experience, but she defended its work.

"If a citizen calls with a complaint, their complaint is taken seriously and investigated fully -- whether that fulfills what some people want, maybe not," she said.

But the office isn't a place of first recourse for those who want to make complaints about the Sheriff's Office. With few exceptions, ombudsman investigators handle citizen complaints only after the Sheriff's Office has completed its own investigations.

The ombudsman's office reviews about 10 percent of all sheriff's internal investigations, and critics say that means no independent body monitors how the agency handles the remaining cases.

Calderwood says her office has increased the number of investigations of the agency since she took over in 2002.From 1993 to 2002, the ombudsman's office conducted 60 investigations related to the Sheriff's Office, according to a review of cases over a 10-year period. Four of those investigations were supported, 13 resolved and 38 unsupported.

From 2003 to last August, it handled 23 investigations and found all but one to be unsupported.

"We make our determination based on a preponderance of the evidence," Calderwood said. "You can't take disciplinary action unless there's clear and convincing evidence." A determination that the complaint was unsupported "doesn't mean that it didn't happen."

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Investigative reporters Eric Nalder and Lewis Kamb answered readers' questions about this series on Friday, Dec. 30. Read the full transcript.
ABOUT THIS REPORT
This story is part of an ongoing investigation of the King County Sheriff's department. See more.
THE STORIES

Part One:
Sheriff's Office protects its own
Three rookie whistleblowers were voted out of their King County Sheriff's Department jobs by the men they accused of wrongdoing.

Sheriff's oversight system dated, critics say
The lack of civilian oversight is viewed by many experts as an anachronism.

Ombudsman: Complaints are taken seriously
The King County Ombudsman's Office is not particularly well-equipped to review claims of law-enforcement misconduct.

Part Two:
Deputy racked up complaints, lawsuits -- then retired comfortably
Pat Covey ran up a lengthy disciplinary record and was convicted in a domestic-violence case.

Trial of deputies was fueled by politics, says lawyer
Three cops were put on trial for roughing up an informant. Another, accused of more serious offenses, got a handsome retirement.

Part Three:
Police union wields real power, some say
It's now a department run by an elected sheriff with limited ability to weed out bad deputies.

Deputy who turned in her officer-husband felt ostracized
Deputy Kathy Svinth was ostracized for reporting that her husband, also a deputy, had abused her daughter.

WTO case shows firings aren't easy, officials say
The Sheriff's Office has been gun-shy about firing problem cops ever since John Vanderwalker won his job back in arbitration.

CONTACTS

Here is contact information for public officials who can address issues raised in this series:

Sue Rahr
King County Sheriff
516 Third Ave., Room W116
Seattle, WA 98104
206-296-4155
kcsheriff@metrokc.gov

Ron Sims
King County Executive
701 Fifth Ave., Suite 3210
Seattle, WA 98104
206-296-4040
exec.sims@metrokc.gov

Larry Phillips
Chairman, King County Council
King County Courthouse
516 Third Ave., Room 1200
Seattle, WA 98104-3272
206-296-1004
larry.phillips@metrokc.gov

Norm Maleng
King County Prosecuting Attorney
W554 King County Courthouse
516 Third Ave.
Seattle, WA 98104
206-296-9000

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