Independent arbitrator upholds firing of Kent Police officer

An independent arbitrator upheld the July 2023 firing of a Kent Police officer by the police chief.

The Kent Police Officers Association (union) filed a grievance on behalf of Officer Michael Morfoot with the Washington State Public Employment Relations Commission. That agency oversees public employee labor-management disputes, including the termination of police officers.

Arbitrator Richard J. Miller ruled that Morfoot “was discharged for just cause pursuant to the collective bargaining agreement” between the city of Kent and the police union, according to documents on the Public Employment Relations Commission website.

Miller is an attorney based in Minnesota, according to his profile on the Public Employment Relations Commission website. He is a member of National Academy of Arbitrators and the American Arbitration Association. His profile says he has written grievance arbitration decisions on more than 100 law enforcement discipline cases across the nation.

The Kent Reporter just recently discovered the decision by Miller about the firing, issued in May.

Kent Police Chief Rafael Padilla fired Morfoot in July 2023 for conduct unbecoming, a violation of the department’s code of conduct policy, for telling residents to seek “street justice,” as well as his six previous disciplinary actions or investigations in 21 years on the force, according to police documents obtained by the Kent Reporter in a 2023 public records request.

Kent City Attorney Tammy White and representatives of the Kent Police Officers Association met with Miller for hearings in March. The union requested an arbitrator, on behalf of Morfoot, to the Washington State Public Employment Relations Commission.

White said at the conclusion of the March hearings, the arbitrator asked each party to submit post-hearing briefs within 30 days. She said the arbitrator reviewed the briefs, the evidence submitted through the arbitration, and then made his decision.

The filing by the police union with the state commission came after Pat Fitzpatrick, city chief administrative officer, upheld that firing of Morfoot in October 2023, also after an appeal by the union.

Morfoot’s conduct on Dec. 19, 2022 included telling The BLVD Apartments staff, during a response call to the complex on the West Hill after they reported trespassers, to exact “street justice; whoop their ass and swing a big bat,” rather than calling police for assistance, according to police records obtained by the Kent Reporter after Padilla investigated Morfoot’s actions.

Apartment staff with The BLVD filed a complaint with the police department, which led to an internal investigation of Morfoot. Because of the incident and six previous disciplinary actions or investigations against Morfoot during his 21 years with the department, Padilla fired him, according to police records.

Morfoot told Padilla, during his interview to investigate the incident, that his statements were made out of frustration because staff at the apartments had not taken adequate steps, in his opinion, to dissuade trespassers from reentering the property, according to the notice of discipline document written by Padilla. He also was frustrated by the state Legislature limiting officers in their ability to do their jobs. He claimed he was not intending to incite violence.

The union told the arbitrator that the city didn’t have just cause to fire Morfoot.

“Officer (Morfoot) has acknowledged at every step that his comments at the BLVD Apartments were a lapse in judgment,” according to arbitration documents. “He has taken accountability and recognized that some level of discipline is necessary. However, termination was excessive. Officer (Morfoot) has been a dedicated servant in the Kent community for over 20 years.”

The union requested that Morfoot be reinstated to his most recent position and that he be awarded full back pay and benefits.

The city argued that Morfoot’s grievance failed to articulate any evidence to establish that the city violated any provision of the collective bargaining agreement. The city also pointed out that Morfoot’s disciplinary history included six previous internal investigations in a little over a decade, according to arbitration documents.

“Regardless of your intent, your willful and reckless statements (show) shockingly poor judgment on your part, which has been a recurrent problem in each of your prior disciplinary matters,” Padilla wrote in Morfoot’s disciplinary document. “Additionally, had staff at The BLVD Apartments or their temporary employees acted on your reckless statements, the city would have been exposed to potential civil liability, and you could have exposed yourself to potential criminal liability.”

In conclusion, Miller, the arbitrator, wrote:

“Officer (Morfoot)’s past performance and disciplinary history represents a consistent pattern of disregard for his job,” Miller said. “Chief (Padilla) was not obligated to ignore this pattern of misconduct, deficient performance, repeated counseling, reprimands, performance improvement plans and suspensions.”