The King County Prosecutor's Office
said Tuesday it will not file criminal charges against Seattle Assistant Police
Chief Mike Sanford after reviewing the result of a criminal investigation into
allegations of official misconduct. But Police Chief John Diaz said the
department's Office of Professional Accountability will open an investigation
into the allegations.
An assistant Seattle police chief
was cleared by King County prosecutors Tuesday of criminal misconduct
allegations that grew out of his handling of a traffic accident involving his
daughter, donations he solicited for a charity and preparations for a promotion
exam for prospective sergeants.
But the assistant chief, Mike
Sanford, now will face an internal investigation and possible outside review by
the city's ethics board, even as the department went to great lengths Tuesday
to cast his actions as proper.
The case also has exposed deep rifts
and finger-pointing within the department, at a time when it has come under
intense scrutiny over December findings by the U.S. Justice Department that
officers regularly use excessive force.
Sanford, 51, who commands the Patrol
Operations Bureau and oversees five police precincts, is leading the
department's response to the federal civil-rights investigation, devising a
detailed plan to address the Justice Department's concerns as the city and
federal attorneys negotiate a settlement.
The State Patrol, which conducted
the investigation of Sanford at the request of federal prosecutors, submitted
its report to the King County Prosecutor's Office on Thursday.
Shortly after a patrol spokesman
confirmed the investigation Tuesday, the Prosecutor's Office announced that,
after reviewing results of the inquiry, it would not file a charge of official
misconduct, a gross misdemeanor.
In a letter sent Tuesday to State
Patrol Chief John Batiste, Mark Larson, chief criminal deputy for the
Prosecutor's Office, wrote the investigation uncovered "no evidence to
support a conclusion that there was a criminal law violation."
Later in the day, Police Chief John
Diaz said the department's Office of Professional Accountability will open an
internal investigation into the allegations against Sanford, which he called a
normal procedure after the conclusion of a criminal review of an officer.
Wayne Barnett, executive director of
Seattle's Ethics and Elections Commission, said he plans to consult with
prosecutors and consider whether to examine the case for possible ethics
violations.
State Patrol documents made public
Tuesday show Sanford arrived at a minor traffic accident involving his daughter
last year, and played a role in persuading the other driver not to file a
collision report.
An officer who arrived at the scene
told the Patrol that, while it was a bit unusual for an assistant chief to
appear, Sanford also was acting as a father helping his child.
But the officer's sergeant told the
Patrol it was his impression from talking to the officer that Sanford had acted
in an intimidating fashion, and that his conduct might have influenced the
outcome, according to the documents in which names were redacted.
Pass the hat
The sergeant also reported that a
couple times a year, Sanford, at a goals meeting with sergeants, passed around
a hat for donations to Special Olympics.
Sanford jokingly said the sergeants
could go home early if they donated, and that for those who worked overtime, he
wouldn't sign their extra-pay slips if they didn't contribute, according to the
sergeant.
Younger sergeants felt compelled to
donate, but older sergeants would refrain, the sergeant told the State Patrol,
adding it was his opinion Sanford's conduct was inappropriate, even if in jest.
In the case of the exam for sergeant
applicants, a Seattle civilian employee who oversees the testing told the
Patrol that Sanford pressured her into using a preparation book she didn't want
to include and a computer testing procedure she believed might compromise
security.
State Patrol spokesman Robert
Calkins said Tuesday the dispute involved "robust debate" normal for
an organization.
As for the other two allegations,
Calkins said it would be up to the Seattle Police Department to determine
whether they warrant an internal investigation.
The investigation into Sanford began
after several Seattle police captains expressed concerns to the U.S. Attorney's
Office about Sanford's conduct, according to a source familiar with the
inquiry.
Executive Assistant U.S. Attorney
Thomas Bates said the Justice Department gathered information from many sources
during its 11-month civil-rights investigation into the Police Department. The
information relevant to the federal investigations "found its way into our
report."
"Other information information
did not, and was forwarded to other agencies for review," he said.
Sanford has become a lightning rod
for criticism in the department over his handling of various matters, according
to other sources in the department.
Diaz and Deputy Chief Clark Kimerer
said Tuesday that as the department has dealt with the Justice Department
investigation, some in the department might resist change and attribute that to
Sanford.
"He did not shy away from the
fact he could become a target," Kimerer said at a news briefing, where he
repeatedly characterized Sanford's actions as appropriate.
State Patrol investigators began
looking into the matter after receiving an April 10 letter from Larson.
He related that the Justice
Department and the U.S. Attorney's Office in Seattle had contacted the Seattle
City Attorney's Office, saying federal attorneys had uncovered allegations of
possible wrongdoing by a commanding officer in the police department.
Larson wrote that, because of a
possible conflict of interest, the City Attorney's Office was not in a position
to oversee an investigation.
The U.S. Attorney's Office then
requested the State Patrol investigate the allegations and that the
Prosecutor's Office provide assistance and review, Larson wrote.
Sanford joined the department in
1984. His regular salary in 2011 was $174,282, according to city payroll
records.