Tag: Adrian Diaz

Former Police Chief Diaz Headed for Brady List; City’s New Payroll System Still Leaves Some Unpaid

A billboard for Workday in Atlanta: “Be a rock star of business” with “one epic platform”

1. Former Seattle police chief Adrian Diaz—fired earlier this month after an investigation found he had an affair with a subordinate, Jamie Tompkins, and lied about it—will be put on King County’s Brady list of dishonest cops as soon as next week, the King County Prosecutor’s Office confirmed. The Brady list is a list of law enforcement officers whose testimony in court is suspect because they have a history of dishonesty, calling their future testimony into question.

“The Brady list is meant to comply with Constitutional requirements to provide notice to defendants if a witness in their case can be impeached in court,” KCPAO  spokesman Casey McNerthney said.

King County is awaiting confirmation from the city’s Office of Police Accountability that they’ve sustained a finding of dishonesty against Diaz. According to McNerthney, this typically takes “a few days—likely we’ll get it soon after the new year if not sooner.”

McNerthney noted that Diaz “isn’t expected to be a witness in upcoming cases.” But the real impact of being on a Brady list is the stain it puts on a law enforcement officer’s record. Diaz, once considered a top candidate for police chief in Austin, Texas, will now be known as the chief who got demoted amid allegations of sexual harassment and gender discrimination, responded by going on a right-wing radio show to announce he was gay, got caught lying about an affair with a woman he hired and promoted, and finally got fired and put on a special list for dishonest officers.

The final formal penalty Diaz could face—separate from any future court-ordered judgments in ongoing and potential future lawsuits against him—is decertification as a law enforcement officer by the state. His name is not on a list of current decertification investigations; we’ve contacted the state’s Criminal Justice Training Commission, which certifies and decertifies law enforcement officers, to find out if they’re planning to initiate a decertification investigation.

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2. Current and former city of Seattle employees continue to report issues with Workday, the cloud-based HR and finance system whose October debut was plagued by underpayments, overpayments, vanishing sick and vacation days, and other problems.

Among other issues, employees have reported that Workday is failing to accrue and update their vacation, sick leave, and comp time correctly, leading to the denial of time off that they’ve earned and should be allowed to take. Other employees report that their paychecks have started showing that they have several weeks of time off for military leave, even though they’ve never served in the military. And just last week, apparently due to a glitch in how some employees’ hours were imported into Workday from an internal city system, some people reported that they didn’t get a paycheck at all.

Additionally, people in “out of class” positions—temporary assignments that pay more than their current job classification—have not been paid correctly; one person reported being short around $5,000 between two paychecks, while others reported losing out on vacation pay.

Megan Erb, the spokeswoman for the city’s IT department, Erb said some of the issues people are reporting stem from “the challenge of adapting to a new system.” Military leave, for example, is available to all employees who qualify, but it didn’t show up as an option on every city employee’s paycheck until Workday went into effect. “While an employee may see a military leave entitlement balance in their Workday account, it does not mean the employee is eligible for this leave,” Erb said.

The city has generally characterized each problem with Workday as a one-off issue that they were able to correct easily one employees brought it to their attention. For example, Erb said the errors in vacation time resulted from “a data conversion issue that caused Workday to show some incorrect vacation balances. Impacted employees and their supervisors have been notified the balances are now accurate.”

But other agencies and jurisdictions have reported similar issues, including the University of Washington, where problems with Workday delayed hundreds of research grants; Los Angeles, where employees experienced  under- and overpayments for months; and Oregon, which filed multiple lawsuits after problems with their paychecks dragged on for months.

A contract with Deloitte, the high-profile consultant brought on to help with Workday implementation, ballooned between 2022 and 2023 (the last year for which PubliCola has been able to obtain records from the city), growing from $14,754,000 to $17,852,000—an increase of more than 20 percent.

PROTEC17, a union that represents more than 3,000 city employees, has requested a third-party audit of Workday to identify what went wrong with the system and how it can be fixed. They’re also reportedly considering a demand to bargain over the impact the city’s decision to implement Workday has had on union members’ working conditions at the city. We’ve reached out to PROTEC17’s labor negotiator and will update this post if we hear back.

Seattle Police Chiefs Routinely Minimize Discipline; City Will Pay to Defend Former Chief Diaz Against Lawsuits

1. The city’s Office of the Inspector General just completed an audit into the city’s disciplinary system for police officers accused of misconduct, which found that in a majority of cases, officers who are disciplined receive punishments “at the minimum of recommended ranges, and sometimes below,” largely because former police chief Adrian Diaz gave more weight to mitigating factors, such as an officer’s length of services, than aggravating ones.

An audit in 2021 reached similar conclusions, indicating that under Diaz, SPD did not address the the concerns OIG raised about previous police chiefs’ disciplinary decisions three years ago.

The audit, released Monday, got lost in yesterday’s news about an OIG investigation into Diaz that resulted in Mayor Bruce Harrell firing the former chief, who has been on SPD’s payroll since his demotion in May, for dishonesty, lack of professionalism, and other violations related to an alleged affair between Diaz and his former chief of staff.

As in the 2021 audit, the OIG concluded that the police chief often decided to impose the lowest possible discipline after meeting with an accused employee in a Loudermill hearing—an opportunity for employees to tell their side of the story.

A “pattern of lower discipline highlights the imbalance between officers who are entitled to speak with the Chief before a disciplinary determination, and complainants who do not have a similar avenue to provide their perspective” to the police chief, the audit notes. This, in turn, can lead the arbitrators who consider officers’ disciplinary appeals to lean more and more into the lower end of the disciplinary range, lowering penalties for misconduct over time, according to the audit.

The audit also found that there is still a massive backlog of 106 officer appeals awaiting arbitration, with most of those (82) still unresolved since the 2021 audit. Almost three-quarters of these appeals involve cases where an officer received a verbal or written reprimand or no discipline at all, but still appealed the decision.

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2. The Seattle City Attorney’s Office confirmed that the city will continue to defend former police chief Adrian Diaz in the claims several women have filed against him for sexual harassment and gender discrimination. A spokesman for City Attorney Ann Davison’s office said the city will continue to defend Diaz because the lawsuits “involve actions allegedly taken (or not taken) by [Diaz] in the course and scope of his employment as the Chief of Police.”

Diaz filed a $10 million tort claim against the city in October, claiming Mayor Bruce Harrell and other city officials discriminated against for his sexual orientation after he told a local right-wing talk show host that he was gay.

On Tuesday, the city’s Office of Inspector General released its report on an investigation that concluded Diaz had an inappropriate relationship with a employee, Jamie Tompkins, failed to disclose his relationship with her, lied about it, and behaved unprofessionally.

The investigation does not weigh in directly on whether Diaz was lying in that interview, but does note that Diaz brought up being gay “as a basis for why an intimate or romantic relationship with” Tompkins. “Based on a preponderance of the evidence provided,” the investigator wrote, “I find that Mr. Diaz and [Tompkins] had an intimate or romantic relationship.”

It’s unclear how much defending Diaz in the lawsuits against him (and any future lawsuits about his alleged behavior as chief) will cost the city. The amount the city spends on civil lawsuits against the city, including outside lawyers and settlements, has been rising steadily every year. As a result, the city has begun adding $10 million or more to its existing judgment and claims fund every year to deal with “extraordinary” or “increasingly expensive” claims; in the budget that just passed, the city added $10 million to pay for “extraordinary, high-cost cases” that involved “higher-than-anticipated expenses.”

Mayor Harrell Fires Former Police Chief Adrian Diaz

Seattle Mayor Bruce Harrell, former police chief Adrian Diaz, and interim police chief Sue Rahr in May.

By Erica C. Barnett

Mayor Bruce Harrell has fired former Seattle police chief Adrian Diaz, citing a recently completed investigation by the city’s Office of Inspector General that found Diaz violated SPD policies by having an “improper… intimate relationship” with his chief of staff, Jamie Tompkins, lying about it, and failing to disclose the relationship.

Harrell removed Diaz as police chief in May, but he has remained on the city’s payroll; as of September, a database maintained by the city listed his salary as $338,560 a year.

Altogether, Harrell wrote in a letter he sent city officials on Tuesday morning, OIG found Diaz violated SPD policies on dishonesty, professionalism, avoiding or disclosing conflicts of interest, and improper personal relationships.

“Diaz made numerous statements denying that he engaged in an intimate or romantic relationship with [Tompkins],” Harrell wrote.These statements were public statements and statements to the Mayor’s Office and SPD colleagues. Relying on the factual findings in the Report, these statements were false.”

According to Harrell’s letter, the investigation concluded that Diaz had an “intimate or romantic relationship” with Tompkins; that he hired and then directly supervised her; and that Tompkins wrote a card to Diaz “that indicates a romantic or intimate relationship took place” between the two.

The card was found by a member of Diaz’ security detail, who held onto it for a year, according to the report, telling investigators he feared retaliation if came forward. It featured an Ewok on the cover and a handwritten message that read:

Adrian, When I think about you, I think of the first time I saw you smile. You were so shy, but sweet. And I loved the way you chose your words so carefully. I wondered what you were filtering out. What made you tick? What made you laugh? Why would a person want to take on such a challenging role? Now that I know you, I know the answers to those questions. What I did not expect was how knowing you would bring me closer to me. More in line with who I am. How I feel. What I want. Where I want to go. Before I knew you, I didn’t really know me. You woke me up. Like a prince in one of your Disney movies. I hope I always know your kiss. I hope I always feel your influence. I hope to always know you and me. I love you, Me.

 

Diaz told investigators he had no idea who had written the message, but that “several people know about how much he loves Disney.” Investigators took a handwriting sample from Tompkins to compare it to the writing on the card and concluded that it was “highly probable” Tompkins wrote it. Tompkins resigned in November after OIG alleged she had lied to investigators and falsified a handwriting sample taken as part of the investigation.

PubliCola is naming Tompkins because interim police chief sue Rahr identified her by name when she placed both Diaz and Tompkins on leave in October.

In the report, an outside investigator hired by OIG, Shayda Le, quoted multiple SPD employees who told investigators Diaz frequently talked or bragged about having a sexual relationship with Tompkins. Here are a few examples from the report, which is partly redacted; we’ve included Diaz’ and Tompkins’ names where appropriate, and noted that the statements were from the same person when the redactions are identical.

“[An employee] said [Diaz] joked that the people in their vicinity likely knew his name was Adrian because of how loud [Tompkins] was during their sexual activity.”

The same employee “said Mr. Diaz told him had a sex toy, specifically a Rabbit, for when Mr. Diaz was not around.”

A different employee “said on one occasion, Mr. Diaz was talking about sexual activity with [Tompkins]and expressed that he could not keep up with her level of sexual activity. [The employee] responded that he could seek sexual enhancement medication to help.”

One staffer said Diaz showed him a partially nude photo of a woman who appeared to be Tompkins; Diaz told an investigator the photo was probably taken from Tompkins’ Instagram account, but, the report noted, the Instagram photo Diaz showed them “was of a woman standing upright, and the one Mr. Diaz showed him looked to be of a woman laying horizontally.”

SPD staff also described Diaz bragging about his relationship with Tompkins and discussing the logistics of divorcing his wife.

According to the report, a member of Diaz’ security detail employee told investigators Diaz had asked him how best to hide messages with Tompkins from possible public disclosure, which Diaz denied. The same person also said Diaz talked to Tompkins on the phone while he was driving Diaz around, which Diaz also denied.

Four women who have sued the city for $5 million, alleging Diaz sexually harassed female subordinates and created a hostile work environment. Diaz, who has bristled at “unsubstantiated allegations” and rumors about him and Tompkins, claimed that one of the women was only making accusations because she was sleeping with someone else in the department and both of them were motivated to lie about him for that reason. Le did not consider that explanation credible, she wrote in her report.

In October, Diaz told the investigator that he was willing to consider providing his phone records to demonstrate that his subordinates’ allegations were false, but hadn’t done so by the time the report was finished more than two months later.

In June, Diaz announced to right-wing talk show Jason Rantz that he was gay, and called the allegations that he had an affair with a woman “absurd” for that reason. Diaz also said that, as “a gay Latino man,” he was unlikely to sexually harass women or behave inappropriately toward them. In his writeup of the interview, Rantz said Diaz had been “hound[ed]” by allegations that were “unsubstantiated.”

Two SPD staffers recalled Diaz telling them, shortly after he told Harrell he was gay, statements to the effect of “there no way he’s going to be able to get rid of me now.” Diaz told investigators that one of the reasons he spent so much time with Tompkins was that they talked “about my sexual orientation because I came out as gay to her,” not because they had a romantic relationship.

During the investigation, Diaz accused investigators of improperly focusing on his sexual orientation. “I explained that the topic was relevant to the extent that Mr. Diaz had himself introduced his sexual orientation as a reason for why the alleged relationship could not have happened,” Le wrote.

On Tuesday, Tompkins sent Rantz a statement calling the the allegations “completely false and highly damaging to both his and my professional reputations,” according to KIRO Radio. Diaz will reportedly go on Rantz’s show again on Wednesday.

Before she resigned from SPD and “declined further participation” in the investigation, Tompkins told investigators she and Diaz were just friends, and that he helped her out around her condo and did “countersurveillance” after Tompkins’ doorman said uniformed officers had come by the building late one night and asked if she lived there.

Diaz also claimed he was being “followed and surveilled” by unknown people as he drove around alone in his car, and suggested someone might have put some kind of “GPS tracker” on his vehicle. He also “shared a concern or suspicion that there were listening devices placed in his office,” one SPD staffer told the investigator, and had his office swept for bugs.

Continue reading “Mayor Harrell Fires Former Police Chief Adrian Diaz”

Chief of Staff to Former SPD Chief Adrian Diaz Resigns Amid Allegations She Lied to Investigators

 

Seattle Police Department West Precinct; image by Adbar, Creative Commons license

By Erica C. Barnett

Jamie Tompkins, the former chief of staff to ex-Seattle Police Chief Adrian Diaz, resigned yesterday amid allegations that she lied to the city’s Office of of Inspector General during an investigation into whether her hiring by Diaz, with whom she allegedly had a romantic relationship, was inappropriate.

SPD confirmed Tompkins’ resignation this morning.

According to OIG, Tompkins falsified a handwriting sample she provided to investigators. The office has not said what handwritten document they were trying to confirm Tompkins wrote. The OIG investigation is wrapping up and will head to Mayor Bruce Harrell’s office for findings—including whether to let Diaz stay on at the department—soon. PubliCola has reached out to Harrell’s office for comment.

SPD chief Sue Rahr put both Diaz and Tompkins on administrative leave in late October, calling the situation “complex.” Diaz remains on leave, collecting a nearly $340,000 salary, for now.

The Office of Police Accountability launched an investigation into Diaz after several people filed complaints alleging that he and Tompkins had a romantic relationship and that he hired her as a subordinate without disclosing that relationship.

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Diaz filed a $10 million tort claim against the department shortly after he was put on leave. Faced with multiple lawsuits alleging he personally harassed and created a hostile work environment for women in the department, Diaz went on a right-wing radio talk show to announce that he is gay, suggesting that this meant he was unlikely to have harassed women or had a romantic relationship with a woman.

He also threatened PubliCola with a lawsuit for reporting on his radio appearance and noting the existence of the rumors about Tompkins, whom Rahr named in her department-wide email announcing her decision to put Diaz and Tompkins on leave. Diaz is married to a woman.

Rumors about Diaz and Tompkins had been swirling for months when KUOW first reported on the allegations publicly, without naming Tompkins. Less than a day after KUOW’s initial report, Diaz fired an employee he accused of inventing the rumor, and the department circulated an internal HR investigation alleging that the employee confessed that he had fabricated the rumor.

Several media outlets, including the Stranger (twice), reported that the employee, Durand Dace, had “admitted to inventing” the rumor. Subsequently, he told KUOW the department made him the “fall guy” for a story that was circulating widely and that he did not invent. PubliCola has reached out to Dace and will update this post if we hear back.

This is a developing story.

Rahr Places former SPD Chief Diaz, and His Chief of Staff, on Leave: “This Is a Complex Situation”

Former police chief Adrian Diaz answers questions at a press conference announcing his replacement by Sue Rahr.

By Erica C. Barnett

Interim Seattle police chief Sue Rahr told SPD employees on Monday that she has placed former police chief Adrian Diaz on administrative leave, along with Jamie Tompkins, his chief of staff.

In the email, Rahr told staff that she planned to issue the following statement: “Without commenting further on pending personnel matters, the Seattle Police Department can confirm that Executive Adrian Diaz and Director of Communications Jamie Tompkins have both been placed on paid administrative leave.” KUOW wrote about Rahr’s decision, and the statement, on Monday.

Previously, SPD has identified Tompkins as the department’s chief of staff (not communications director) and has confirmed to PubliCola that she still held that position even after Mayor Bruce Harrell removed Diaz as chief and replaced him with Rahr. “Jamie Tomkins is currently employed by the Seattle Police Department as the Chief of Staff,” a spokesman said in July.

Rahr told SPD employees that under ordinary circumstances, “I would not share information about a personnel action department wide. However, because we are responding to media inquiries I prefer for members of SPD to hear this news from me first.”

“As you can imagine, this is a complex situation, and it is inappropriate for me to share any additional details at this time. I will do my best to keep members of SPD informed when it is appropriate. I appreciate your patience as we navigate this situation.”

Harrell removed Diaz as chief after multiple women accused him and other department personnel of sexually harassing and discriminating against them on the basis of gender. A report released earlier this year revealed a culture of widespread misogyny within the department, along with allegations of workplace discrimination that prevents women from being promoted within SPD.

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The Office of Police Accountability launched an investigation into Diaz after several people filed complaints alleging that he and Tompkins had a romantic relationship and that he hired her as a subordinate without disclosing that relationship. Overall, there more than 50 complaints have been filed against Diaz.

Days after Diaz was removed from the top position, he told right-wing radio host Jason Rantz that he is gay, saying that this revelation undermined the claims of the women who have accused him of with sexual harassment, discrimination, and creating a hostile work environment. Specifically, he called allegations that he had a relationship with a female subordinate, and that he sexually harassed another officer, Valerie Carson, “absurd.” Diaz told Rantz there had been many allegations that he was “sleeping with someone,” adding that “we even had an LGBTQ female assistant chief that also had accusations.”

“It’s just sad,” Diaz said.

Since Rahr’s appointment, Diaz has remained on the city’s payroll, with the position “Chief,” collecting a $338,000 salary. He’s currently the subject of three lawsuits alleging gender and racial discrimination, retaliation and harassment.

Diaz threatened PubliCola with a libel lawsuit over our report on his Rantz interview, in which we expressed the view that it seemed like  an attempt to exonerate himself by suggesting that gay men aren’t likely to harass, have romantic relationships with, or discriminate against women on the basis of gender.

PubliCola filed an OPA complaint against Diaz in August, alleging that he violated an SPD policy that prohibits SPD employees, including the chief, from retaliating against anyone who engages in any action that is permitted by law, such as exercising their constitutional rights or publicly criticizing an SPD employee.

Office of Police Accountability Letter Sheds Light on Some of the More than 50 Complaints Against Ex-Police Chief

Former police chief Adrian Diaz tears up during a press conference at which Mayor Bruce Harrell announced his removal as police chief and replacement by former King County sheriff Sue Rahr (right).

By Andrew Engelson

A March 2023 letter from Office of Police Accountability director Gino Betts, obtained by PubliCola through a records request, provides details about 13 investigations into into former police chief Adrian Diaz, who was removed from his post in May amid allegations about his conduct.

Currently, OPA confirmed, 14 investigations are in the intake stage, four are going through full investigations, three are under legal review, and three are being investigated by outside firms.

Diaz, who is still on the city’s payroll with a $338,000 salary after being removed as chief by Mayor Bruce Harrell in May, is the subject of three lawsuits alleging gender and racial discrimination, retaliation and harassment. The letter confirms that the Office of Police Accountability (OPA) has been investigating the former chief for a variety of complaints over the past two years, including issues raised in the lawsuits.

The allegations detailed in the letter range from fairly frivolous citizen complaints to more serious matters, including charges that Diaz was a “predator” who bullied SPD employees and “preys on women.” 

KUOW described two of the more recent investigations into Diaz: One claiming that Diaz hired a woman with whom he had a romantic relationship without disclosing this information, and one claiming he used SPD vehicles and personnel for personal trips, such as having his driver take him to Portland to catch a flight to watch the UW football team play in the Sugar Bowl.

In July, KUOW reported that an anonymous letter written by an OPA investigator claimed that Betts had delayed investigations of Diaz, sometimes for as long as 16 months. Unlike investigations into police officers, which must be completed within 180 days, there is no specified time frame to complete investigations into the chief of police.

In an emailed response to PubliCola’s questions about current investigations into Diaz, Betts said that Diaz has been the subject of a total of 52 complaints alleging misconduct since September 2022, including 28 OPA closed after determining they did not merit an investigation. Betts also noted that the city’s police accountability ordinance requires complaints against the police to be handled by civilian investigators, on top of their already “substantial workload”—and OPA only has two civilian investigators on staff.

Betts said there are 14 intake investigations of Diaz pending, including three that are under legal review, four that are pending full investigations, plus three that had been sent to an outside investigator. OPA declined to provide additional information about the pending investigations, including what they are about and whether they include any of the 13 complaints that were outstanding in March 2023.

Because of the volume of complaints against the chief, OPA is  preparing to launch an online tracker specifically dedicated to investigations into chiefs of police.

The 13 complaints in Betts’ 2023 letter listed include one accusing Diaz of “using public funds to compensate a community member for a volunteer position” and one alleging that Diaz gave inaccurate testimony to the city council’s public safety committee—claiming, falsely, that Homeland Security regulations require cops to direct traffic at sporting events.

Another complaint claims that Diaz ordered officers not to file a report after a collision, while another concerns a possible ethics violation when Diaz attended an event at which then Mayor-elect Bruce Harrell spoke. According to documents acquired by PubliCola, OPA consulted with the Seattle Ethics and Elections Commission (SEEC) for guidance on this complaint. SEEC director Wayne Barnett told PubliCola that SEEC staff determined that Diaz’s attendance at the event, an Asian American/Pacific Islander unity celebration held in December 2021, was not an ethics violation. 

The most serious accusation mentioned in Betts’ letter—that Diaz preyed on female employees—likely involves the alleged behavior that led four female SPD officers to file a lawsuit against Diaz in April. 

Another accusation, which OPA assigned a private contractor to investigate, claims Diaz lied about events that happened during the CHOP/CHAZ protests of 2020. Regarding another investigation, which involves accusations that the chief and SPD neglected to address carbon monoxide emissions from SPD vehicles in one of its garages, Betts noted in the letter that “the allegation is uniquely intricate and overlaps with civil litigation.” An SPD officer was awarded $1.325 million in damages in 2022 as a result of a related lawsuit about the garage.  

Yet another OPA investigation, which appears to be an officer-filed complaint, concerns whether SPD, under Diaz’s leadership, improperly awarded a contract to Truleo, a company that uses AI-based software to analyze body-worn video for inappropriate police behavior. SPD canceled Truleo’s contract in 2023 after SPOG, the police officers’ union, raised concerns about the software. The letter said OPA is looking into whether the contract violated SPOG’s collective bargaining agreement.

Another complaint accused Diaz of contributing to biased policing, a claim related to an incident in which SPD officers were accused of unnecessarily aiming rifles at a suspect. OPA ruled in 2023 that the accusations against the officers were not sustained. 

PubliCola editor Erica C. Barnett also filed an OPA complaint against Diaz in August, alleging that he violated an SPD policy that prohibits SPD employees, including the chief, from retaliating against anyone who engages in any legal action, such as exercising their constitutional rights or publicly criticizing an SPD employee.

Diaz personally threatened to sue Barnett and PubliCola if we did not remove an article that described an interview Diaz did with right-wing commentator Jason Rantz to announce that he is gay—a “secret,” Rantz wrote, that has hidden “his innocence” of several women’s allegations against him. The piece summarizing Rantz’ interview with Diaz was not false or libelous, but was arguably critical of Diaz as well as Rantz: We expressed the view that gay men can and do harass women, and that being gay is not a defense against charges of harassing or discriminating against women.

Betts’ letter also lists several frivolous accusations against Diaz, including one accusing Diaz of “encouraging people to break the law,” one for something the complaint called “self induced grand theft auto,” and one that faults Diaz for protecting Union Gospel Mission, which the citizen complaint claimed was a “CIA front covering up a murder.”