Officer’s lawsuit over alleged retaliation settled for $350,000 [Yakima Herald-Republic (WA)]

By CHRIS BRISTOL

YAKIMA HERALD-REPUBLIC

A lawsuit brought by a Yakima police officer alleging he was the victim of retaliation by then-Chief Sam Granato has been settled for $350,000.

The settlement offer accepted by Officer Rey Garza was the fourth so far involving Granato and the way he and other police supervisors handled allegations of misconduct at the Police Athletic League program in 2006.

A former civilian employee of the police department previously settled her lawsuit against the city for $200,000, while a captain and sergeant shared a settlement of $160,000 that included an unrelated lawsuit brought by another officer.

City officials on Thursday stressed the settlement with Garza was made by the city's insurance company and that the full amount of the settlement will be paid by the company and not by the city.

"It was up to them (the insurance company) to decide whether to pursue the litigation or settle it," city spokesman Randy Beehler explained. "This was the decision."

The decision to settle is not final until and unless the City Council signs off. The agreement is on the agenda for the council's meeting Tuesday. If the council objects, the insurance company would drop out and the city would be forced to defend the lawsuit without insurance protection.

In his lawsuit, Garza claimed he was transferred out of the PAL program after complaining that an officer who was a friend of Granato's had been mocking and mistreating a civilian employee with a speech impediment.

Garza also alleged that his application for a school resource officer vacancy was denied, even though he was apparently the only applicant.

A call to Garza's attorney, Lish Whitson of Seattle, seeking comment on the settlement and more detail on the allegations of retaliation was not returned.

Granato expressed disbelief at the settlement in an email: "I was not part of the settlement negotiations, but frankly I am speechless," he wrote.

Granato's seven-year tenure from 2003 to 2010 spawned a series of lawsuits against the chief and the city, with a common thread of retaliatory behavior. Much of it stemmed from the PAL program fallout.

Some of the lawsuits also stemmed from infighting between Granato and his command staff, as well as conflict between the chief and the police union that intensified after Granato proposed mandatory drug testing of officers.

At least four lawsuits remain active, including one brought last year by an officer who alleged he was labeled a "snitch" by colleagues due to the infighting.

Garza is a veteran officer whose personnel record includes several disciplinary scrapes in the past, including an allegation in 2009 that he stalked an ex-girlfriend who was the daughter of a colleague in the department, according to disciplinary records.

At least one supervisor recommended he be fired for dishonesty in the case. He was not fired, but city officials were not able to immediately say what disciplinary action was taken.

Chris Bristol can be reached at 509-577-7748 or [email protected]. Follow him on Twitter at @ChrisJBristol.