Settling for Less

The Criminal Justice Training Commission (CJTC) Certification Division has recently begun offering settlements in decertification cases. Officers accused of serious misconduct can now negotiate terms that keep their certification active. This new  practice provides a safety net for officers who might otherwise have their careers ended through decertification, and adds yet another obstacle to true accountability.

The practice of offering settlements is relatively new. There has only been a total of 8 settlements to date. Judging from the settlements enacted, the practice is of extreme concern.

One of the more egregious settlements came after Officer Woody Heath of the King County Sheriff's Office "consumed at least thirteen bottles of beer and two mini bottles of liquor," drove his personal vehicle over 100 miles per hour in a 60 miles per hour zone in an attempt to evade a WSP trooper, abandoned his vehicle while it was still running, and left a loaded handgun on the driver’s seat. 

With no further misconduct allegations over the next four years, this officer may remain on duty.

Shockingly, 50% of these settlements were connected to domestic violence–related misconduct. This conduct ranges from failing to investigate a domestic violence call to an officer filming the Proud Boys beating their partner as part of an initiation. These offenders, and others, have been allowed to continue being officers.

Avoiding Accountability

In another case, Spokane Police Officer Michael Brunner was driving home after his shift when he barreled through a 30 mph zone at more than twice the speed limit. As an elderly couple were driving across the road, he slammed his patrol car into them, leaving them seriously injured. The couple  was immediately cited for failure to yield.

The elderly couple's attorney alleged a coverup within the Spokane PD. According to a press release, Jim Domanico said, "It was only when the true extent of the on-duty misconduct committed by Officer Brunner became undeniable that the Washington State Patrol investigated the Police Department's actions, had the ticket dismissed and disclosed Officer Brunner's actions to the Spokane County Prosecutor's Office." He added that Brunner refused to give a statement and actively hindered the investigation.

What followed, though, looked like the system holding an officer accountable. Brunner was charged with felony vehicular assault, put on administrative leave, faced the loss of his job, a civil lawsuit, and the possible revocation of his officer certification. For a time, accountability seemed attainable.

Then the cases against Brunner unraveled. He struck a deal, pleading guilty to a reduced misdemeanor charge of reckless driving. Because he avoided a felony conviction, he collected $56,000 in back pay. The city quietly settled with the couple for $135,000. However, his certification remained at risk.

Typical Procedures

In a typical case, once the CJTC determines that there is probable cause to believe that an officer’s certification should be revoked, they will serve the officer with a statement of charges, outlining their case against the officer. The officer can then defend themselves at a hearing in front of a five-member hearings panel that is open to the public.

SB 5051, the law WCPA championed for officer certification accountability, contained a provision to adjust the makeup of the hearings panel to include civilian perspectives. This was done in order to add an extra layer of accountability into the decertification process. The use of settlements bypasses civilian input and gives another favorable edge to officers accused of misconduct.

Nickeia Hunter, WCPA Board member and CJTC Hearings Panel Member says, “When an officer is allowed to sidestep a decertification hearing through a settlement, it undermines the very foundation of accountability. A badge carries the weight of public trust, and that trust demands a transparent reckoning—not a backroom deal. Circumventing a hearing is not closure, it’s concealment. Communities deserve the truth laid bare, and officers who betray their oath should face the same sunlight of scrutiny that everyday people cannot escape.”

Status Quo

As part of its new settlement program, the CJTC cut a deal, giving Brunner just two years probation. Today, Officer Brunner is back in uniform at Spokane PD and accountability, once again, evaporated.

"The Spokane Police Department went to great lengths to cover up for Officer Brunner and there was no previous threat of probation hanging over his head at that time," says Debbie Novak, WCPA impacted family member, " It does make me very concerned about what would happen if another serious incident happened while that officer or officers were on probation. What lengths would they go to when there is a definite loss of certification waiting to be had?"

Settlements were not an anticipated component of SB 5051. The law was designed to strengthen the state’s ability to revoke officer certifications, not provide another escape hatch for officers accused of serious misconduct. WCPA continues to demand that decertification retains its original purpose as a tool for robust oversight.