Fired police captain wants job back

A Santa Rosa Police Department captain fired in May amid widespread departmental dysfunction is seeking to amend his lawsuit to force the city to reinstate him.

Jamie Mitchel, 54, initially sued the city to stop what he saw as an impending termination.

But since he was fired May 30, according to new documents filed in the case, the legal landscape has changed so dramatically that it requires amending the lawsuit to include claims for wrongful termination and a request for an injunction that would force the city to rehire him.

Mitchel also seeks to add City Manager Jeff Kolin and new City Attorney Caroline Fowler as defendants to his civil action and says former Police Chief Ed Flint opposed the firing.

In addition, the proposed revision claims that Kolin "enticed" four employees who filed complaints that led to Mitchel's firing with "special favors, promotions and salary increases in the hope of deterring them from filing a lawsuit against the city."

The request to revise the lawsuit, which federal Judge Susan Illston hasn't ruled upon, was filed Friday in U.S. Northern District court in San Francisco. Mitchel originally sued in Sonoma County court, but Santa Rosa officials moved the case to federal jurisdiction because there are allegations of federal constitutional rights violations.

A hearing in the case is set for Aug. 22 in San Francisco.

Mitchel's attorney, Scott Lewis of Santa Rosa, declined to comment Tuesday.

Kolin denied giving favors or promotions to complaining Police Department employees, saying simply, "That did not occur."

Mitchel's termination revealed an atmosphere of discontent within the 250-employee department, including the unions that represent sworn personnel and police management. It exposed widespread dissatisfaction with Flint's management of the department.

The dissension led the city to institute two new layers of police oversight -- a chief's advisory board to deal with issues as they arise and the hiring of an Atlanta-based consultant to coach supervisors and help resolve management conflicts.

Four complaints

Flint resigned unexpectedly, effective last Saturday, just weeks after Mitchel was fired, taking with him a $90,000 severance package totaling a half year's salary and $7,000 to reimburse him for legal expenses.

Mitchel's suit grew out of four gender discrimination, harassment and retaliation complaints filed by civilian and sworn personnel at the Police Department since 2007. All four of the complaints name Flint and two name Mitchel, who was one of two captains directly under Flint.

Mitchel, in court papers, says the complaints were unfounded but were used as a basis to fire him, a white, heterosexual man, to appease those who complained, all members of legally protected minority groups. An outside investigation into the complaints was completed in March but its conclusions haven't been made public.

The distribution of that report to one of the complainants -- technical services manager Kathy Warr -- is the basis for Mitchel's claims of violation of privacy. He argues that Fowler committed a misdemeanor by giving the confidential report to Warr.

The city contends that it properly distributed the report as part of the mediation process, but as soon as Flint's lawyer complained, officials scrambled to retrieve outstanding copies. Warr acknowledged reading part of it and making two copies, which she swore in court documents that she shredded.

Right to fire questioned

In the new court filings, Mitchel, a 32-year law enforcement veteran, has added wrongful termination to the previous charges that his constitutional rights to privacy and due process were violated.

Flint was hired in 2004 and the next year he hired Mitchel, whom he knew when they both worked in Sacramento County.

Mitchel says in the new legal document that Kolin directed his deputy city manager, Greg Scoles, to fire Mitchel "without the approval of" Flint.

"Flint refused to support the termination of (Mitchel) and made it clear to Kolin and Fowler that doing so was improper procedurally and on the facts," his suit says. The suit says the city charter grants Flint power to "appoint and remove all subordinates in the department," not Kolin or other city officials.

Kolin said because both Flint and Mitchel were named in some of the complaints, it was inappropriate for Flint "to be the hearing officer" in Mitchel's discipline.

Flint has declined to explain why he resigned early after having said in June he planned to stay with the department indefinitely. Through an intermediary, Flint declined Tuesday to comment for this story.

Employees 'appeased'

In its court papers, the city argues it had good cause to fire Mitchel because of his behavior toward several other department employees.

Mitchel "engaged in conduct which led several Police Department employees to contend that he discriminated against them on the basis of gender and sexual orientation and harassed and retaliated against them because they supported the presentation of discrimination claims to the city," according to court documents.

As part of the city's defense of Mitchel's lawsuit, it filed a sealed copy of a declaration from Scoles that apparently outlines the scope of the city investigation and "identifies the reasons the city believes support his termination."

Kolin said Tuesday that Mitchel was fired "in accordance with our personnel rules and procedures."

Several department employees involved in the situation, including Warr and police Lt. James Zboralske, who also filed one of the original discrimination complaints, declined to comment for this story. They said they've been ordered by city officials not to speak about the issues publicly.

In Mitchel's first complaint, he said his termination was meant to "appease" three of the employees who filed formal complaints against the department. The amended filing offers more specifics of those allegations.

It says Kolin "made special arrangements" with Warr, Zboralske and personnel supervisor Sophia Selivanoff in the hope that they wouldn't sue the city.

No special treatment

Mitchel's complaint says Selivanoff has been promoted to administrative services officer with a raise. Mitchel also says "Warr and Zboralske have also received special salary increases" and perks, though the complaint doesn't offer specifics.

Kolin said Selivanoff hasn't been promoted and denied Warr and Zboralske have received special treatment.

No lawsuits have been filed by the four complainants and no mediation hearings have been held, according to court documents. Kolin said mediation efforts are under way with the four complainants and hearings could take place this month.

A spokeswoman for the Sonoma County District Attorney's Office said the request to investigate Fowler is being reviewed and a decision could come "in the upcoming weeks."

You can reach Staff Writer L.A. Carter at 568-5312 or lori.carter@pressdemocrat.com.