SPOKANE-- The City of Spokane has put on hold its plan to rehire a police officer fired for drunk driving.
Brad Thoma was aSpokane police officer fired in 2009 after driving drunk while off duty, hitting a pickup with his truck and leaving the scene of the collision. It was believed Thoma would likely be rehired and get more than two years of back pay -- totaling about $275,000.
In a settlement mediated by the Washington State Human Rights Commission, Brad Thoma will be rehired March 1 in a demoted position of detective, if the Spokane City Council agreed to the deal on Monday.
The Human Rights Commission has assigned the most senior investigator to look at the legal analysis that preceded the settlement.
Mayor David Condon has requested that the City Council withhold the vote for next week until the senior investigator presents her findings.
Thursday, Spokane mayor David Condon said the settlement sends the wrong message about drinking and driving. “This isn't something that I stand by, but also I am a person living within the law and I have to uphold the law, live within the law of the state.”
Condon says a settlement in this case saves taxpayer dollars rather than going through a costly trial. “If the human rights commission says there was discrimination, you better believe I’m going to look at that recommendation.”
The Human Rights Commission announced it wanted to take a second look at the case.
Its director tells us she's assigning her most senior investigator to look at the legal analysis that preceded the settlement.
Condon’s says that gives the city more time to evaluate its decision of whether or not approve the settlement. “It gives me the opportunity to look at their determination of whether the city was discriminatory or not. It's a great relief that we get that opportunity, so we'll be taking it.”
The Human Rights Commission tells us it's not re-investigating the case, rather re-evaluating the legal findings.
We're told that could take as little as one week.
Prior to his firing in December 2009, Thoma was a sergeant.
Under the agreement, the city will also pay his attorney $15,000. Thoma's attorney, Bob Dunn, argues that job-related stress led Thoma to alcoholism and should be regarded as a disability.
The Spokane Police Department posted these comments on their Facebook page:
City of Spokane Police Department: Thoma received a deferred prosecution agreement after his 2009 arrest for DUI. As a result, it was determined that he couldn't meet the basic requirements of the job and was terminated. State law changed, restoring his full driving privileges in January 2011. The City of Spokane worked with Thoma to negotiate his return to work. Thoma was never convicted of a felony.
City of Spokane Police Department: RCW 46.61.502 is the Washington State Law regarding DUI. Determining a felony vs. a misdemeanor hit and run depends on extent of injuries during the crash. The change in state law was in regards to the ignition interlock device and driving privileges. Sadly, our community has experienced several alcohol related crashes lately.
The police department says it has been receiving a lot of comments from the community about the disapproval over the settlement.
