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64 °F 5 Day Forecast Monday, October 20, 2003 Today's News | Classifieds | Autos | Homes | Jobs | Tempo | eSouthernOregon | Home Delivery SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA Newspaper in Education Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find a Rental Place an ad eSouthernOregon Automotive Communities Entertainment Publications Recreation Calendar CUSTOMER SERVICE Frequent Questions Advertising Information Home Delivery Employment Contact Us Media Kit Network Affiliate Email Story to a Friend October 3, 2003 Police official sues Phoenix for damages in suspension By TONY BOOM Mail Tribune PHOENIX — The police department’s second-in-command has filed a $365,994 lawsuit against the city and its mayor for damages he claims he suffered as a result of his suspension in July. Lt. Robert McKean, who was reinstated in his position on Aug. 14, claims intentional infliction of severe emotional distress, defamation, negligence, breach of contract and wrongful employment practices. The suit, filed Wednesday in Jackson County Circuit Court, names Mayor Larry Parducci and the city of Phoenix as defendants. The case was assigned to Judge Phil Arnold. "I’m really sorry that it got to this point," said McKean. "I’ve made numerous attempts in good faith to communicate with the city in trying to deal with my issues. I don’t like it, but I don’t have any choice." McKean and his attorney had been talking with city representatives regarding a settlement after his reinstatement. Advertisement "We weren’t able to come to an agreement anywhere near what would be satisfactory considering the harm done to Bob McKean, so we elected to file," said attorney David Ingalls of Hornecker, Cowling, Hassen and Heysell. Parducci suspended McKean on July 21 for his activities surrounding the police department’s Rapid Emergency Deployment (RED) Team. Parducci called for an investigation of the team by the Jackson County Sheriff’s Department. Following McKean’s reinstatement, City Administrator Don Walker resigned on Aug. 19, citing a loss of authority throughout the incident. The complaint includes details previously unavailable to the public. City Attorney Larry Kerr has maintained the sheriff’s department investigation of McKean and the RED Team is not a public document. Claims made in the complaint include: McKean was assigned to conduct an internal affairs investigation of officer John Koury, who was subsequently suspended from the department. McKean heard that Parducci was interviewing other officers about McKean’s actions after the investigation started. Parducci suspended McKean without direction from or concurrence of the City Council or city administrator. Parducci has participated in decisions regarding Koury despite a personal and friendly relationship with the officer. Parducci punished McKean without reasonable justification by putting him on suspension and threatening to terminate his employment under the pretext that he had continued to train and supervise the RED Team. A Jan. 22, 2002, memo calling for suspension of RED team activities was written by Parducci and not Walker, and was never communicated to Chief Bob Kershaw, McKean’s supervisor, according to the sheriff’s department report. A grievance communicated by McKean to Walker on July 22 has gone unanswered in violation of the city’s own personnel policy. Parducci made false and derogatory statements about McKean. James D. McKenzie, an outside investigator retained by Sheriff Mike Winters, concluded that McKean had done nothing wrong and should be reinstated. McKean seeks $250,000 in non-economic damages for beach of contract. He seeks another $100,000 for infliction of emotional distress, defamation, negligence and wrongful employment practices. He’s asking for $15,494 in economic damages for medical expenses incurred after he was transported to a hospital with chest pains following his suspension. Kerr, the city’s attorney, was out of his office and unavailable for comment Thursday. Parducci did not return a call seeking comment. Reach Ashland bureau reporter Tony Boom at 482-4651, or e-mail [email protected] Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2003 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback 3 WEEKS FREE! ADVERTISERS SPECIAL SECTIONS Auto Finder Job Finder Home Finder Joy Magazine Homelife Magazine Tempo Real Estate Showcase Food for Thought Hike of the Week Wellness Connection Outdoor Journal Moving to Southern Oregon? Volunteer Openings Prime Times