JOURNAL OF COMMISSION PROCEEDINGS
JANUARY 19, 2000

Special City Commission Meeting Mayor Randy Gray presiding

CALL TO ORDER: 4:40 PM

ROLL CALL: City Commissioners present: Randy Gray, Bill Beecher, Diane Jovick-Kuntz, and John Rosenbaum. Also present were the City Manager and the City Clerk.

NEW BUSINESS

Police Inquiry. Report.

1.
POLICE INQUIRY.

John Lawton, City Manager, explained that he wanted to discuss the report submitted by the Police Inquiry Panel which involved an employee disciplinary matter. He added that the City was obligated to close the meeting if an individual's right to privacy exceeded the public's right to know.

Mayor Gray stated that it was his intention to close the meeting into an Executive Session to consider a City personnel issue because the discussion related to a matter of individual privacy, the demands of which, exceeded the merits of public disclosure.

The meeting was closed to Executive Session at 4:41 p.m. and reconvened into an open meeting at 5:19 p.m. Mayor Gray called the meeting back to order.

City Manager, John Lawton, reported that on October 27, 1999, under his authority as City Manager, appointed a Special Panel to address three questions he identified relating to the Great Falls Police Department's handling of the investigation of former Lieutenant Greg Church.

The three questions were as follows: Was there a deliberate "cover-up" of any aspect of the allegations against Church by any member of the Great Falls Police Department? What were the specific shortcomings of the investigation of Church by the GFPD and what were their causes? And, what changes in the policies, procedures, or operations of the GFPD should be made to prevent similar problems in the future?

One member of the panel, Bert Fairclough, died before the panel issued a final report. However, Mr. Lawton stated, that he had been provided with Mr. Fairclough's draft final report containing Mr. Fairclough's proposed findings and conclusion. In addition, Panel Chairman Lee Scott, submitted his proposed findings and conclusions along with his extensive investigative report. The third panel member, Mr. Jim Oberhofer, also submitted his own report containing his proposed findings and conclusions. Mr. Lawton explained that the City sought and received a court order to release the reports in their entirety due to the fact that one of the reports included investigative material that was protected under State Law.

Mr. Lawton commended the three members of the panel for their hard work and dedication to this process. Lawton then stated that after reviewing each of the reports, he was satisfied that he had been provided the information and insight necessary to allow him to exercise his ultimate responsibility and duty as City Manager.

Mr. Lawton outlined the differences between the three reports. He explained that one of the differences hinged upon the definition of "cover-up." For the purposes of the investigation, Mr. Lawton considered "cover-up" to mean an intentional act or omission to act, committed in concert or alone, by any member of the Great Falls Police Department, to knowingly or purposefully conceal or suppress the acquisition of information related to Mr. Church's criminal activity.

Mr. Lawton explained the conclusions he has drawn after reviewing the reports. The first was that there was no cover up by any member of the Great Falls Police Department. However, he further concluded, that various members of the Police Department were not without blame.

Mr. Lawton added that when a public employee, particularly at management level, was suspected of wrongdoing, criminal or otherwise, it was absolutely incumbent on management at all levels to act with the utmost seriousness and to move with all possible speed to exonerate the employee or confirm the wrongdoing and effectuate appropriate ramifications. Although this matter involved possible theft and deceit by a Lieutenant in the Police Department, the matter was treated as a low priority financial crime and then it was botched at every turn and at every level. If the proper parties had paid attention and treated this investigation more seriously, it was Mr. Lawton's belief, that Mr. Church's criminal activity would have been discovered and Church brought to justice sooner.

Mr. Lawton explained that basically there were two problems. The first was a poor job of investigation and report writing. He added that was an employee mistake to be corrected through disciplinary action, policy changes and training. The second problem was a failure of responsibility at all levels of management in dealing with the mistake.

Mr. Lawton conveyed that Chief Jones was to receive a letter of reprimand to be placed in his permanent file. Additionally, Chief Jones was instructed to implement systematic changes in the organization structure, management training and intra-departmental communications.

In conclusion, Mr. Lawton explained the City was to begin the long process of rebuilding the Police Department. He assured the Commission, that during this inquiry, he had the opportunity to meet with many of the Officers and that he was impressed with the quality and caliber of the police force.

Mayor Gray stated that the core of this issue was public trust. He asked the City Manager to explain why the community should still have trust in their police department.

Mr. Lawton stated that only a few people were involved in this incident and that the people involved have acknowledged their mistakes. He stated that secondly the police officers of the Great Falls Police Department were of the utmost quality and deserved the public's trust.

Mayor Gray asked if there was any one in the audience wishing to address the Commission. Lee Scott, gave an overview of his findings during the Inquiry. Clay Braden, 2708 4th Avenue SW, made several comments regarding the Bill of Rights.

ADJOURNMENT

Adjourn

There being no further business to come before the Commission, the regular meeting of January 19, 2000, adjourned at 6:04 p.m.


/S/
Mayor Randall H. Gray

/S/
Peggy J. Bourne, City Clerk



2000 Commission Minutes
Commission Minutes listing page