This article has been clarified and updated to incorporate additional information from the Richland Police Guild.
A current and former Richland Police Department officer may have compromised former chief Brigit Clary’s decision-making by requesting records about her from her former employer, the Federal Way Police Department, according to a newly disclosed city of Richland report.
As reported in December, an internal investigation had sustained allegations against Clary in Federal Way for nepotism in favoring her husband for overtime work and then being untruthful about it. Clary was about to be terminated from Federal Way when she was hired by the Richland Police Department.
Clary’s realization last fall that her Federal Way record might be exposed may have compromised the decisions she made as Richland police chief in two cases, investigators concluded.
As the Observer wrote in a previous article on Clary, a police chief’s record can be used against them as leverage, either by cops trying to avoid being fired, unions seeking concessions or by civil rights attorneys seeking a larger financial settlement of a lawsuit.
In Oregon, for instance, a deputies’ union reportedly used a county sheriff’s record to try to get a fired deputy reinstated.
On November 22, 2023, the city of Richland hired the law firm of Inslee, Best, Doezie & Ryder and Katherine F. Weber to investigate workplace concerns. The firm submitted their findings on February 26 and the Observer obtained the report through the Washington Public Records Act.
The Observer reached out to Clary, who did not cooperate with the investigation, for her comments on the report but has not received a response.
An attorney representing a police officer facing disciplinary action requested Clary’s records from Federal Way
In August, Clary, City Attorney Heather Kintzley and Human Resources Director Lacey Paulson decided to terminate a police officer for a disciplinary matter.
Clary learned that the officer’s law firm, the Thenell Law Group, retained through the Richland Police Guild, had made a record request for the investigation report on Clary in Federal Way.
According to the investigation report, “Without consulting Kintzley or Paulson, Chief Clary reportedly reaches out to RPD Guild leadership to negotiate a resolution to the above-referenced disciplinary matter, giving the officer a one-shift suspension only. A disciplinary memo imposing a one-shift suspension is issued to the officer and the disciplinary matter is then closed.”
A former police officer complained about the department’s refusal to issue him a “Retired Card”
Clary had denied former Richland Police Officer Jeff Bickford a “Retired Card,” that he required to be authorized under the Federal Law Enforcement Officer Safety Act (LEOSA – 18USC926C) to carry a concealed weapon throughout the country.
According to the investigation report, “The Department, with the advice and counsel of City Attorney Heather Kintzley, ultimately determined that it could not issue Mr. Bickford the requested Retired Card because he retired from his law enforcement position for a mental health/stress-related reason.” The investigator referenced RCW 9.41.050 (10).
Bickford complained to the city of Richland for months about the refusal to issue him a Retired Card, according to the report.
In early October Bickford made three record requests to Federal Way for Clary’s personnel and investigation records.
On Oct. 31, according to the report,“Mr. Bickford emails Bart Hayes at the WSCJTC [Washington State Criminal Justice Commission], advising that he was recently issued his Retired Card by the RPD and asking that the WSCJTC reconsider his eligibility for a LEOSA credential. In support of this request, Mr. Bickford provides photographs of the front and back of his RPD Retired Card, including Chief Clary’s certification and signature,” according to the investigation report.
In the end, investigators found, the city police department issued a card to Bickford. But the about-face was not documented as would be normal in such a case, according to the report: “In this case, the lack of a clear record relating to Department personnel’s phone contact with Mr. Bickford contributed to an appearance of ‘secrecy’ surrounding the issuance of the Retired Card to Mr. Bickford.”
“Chief Clary’s inexplicable reversal of her original position that Mr. Bickford was not eligible for a Retired Card, coupled with a similarly-surprising “change of heart” that Chief Clary had earlier had during a recent disciplinary proceeding, raised concerns that Chief Clary’s decision-making may have been compromised by the recent discovery and release” of the Federal Way records, investigators wrote.
In conclusion, investigators reported, “The evidence indicates that in at least two instances, Chief Clary’s decision-making was influenced and compromised by a known or feared release of the FWPD IA records.”
A point of clarification: Mr Thenell is not the attorney for the Richland Police Guild. Mr Thenell served as legal representation for the officer you referenced involved in a discipline matter. His services are separate and were contracted out via the guild by means of the officers membership with the FOP and the FOP legal defense program. The Richland Police Guild maintains its labor representation through an entirely separate legal firm. Thank you.
Hi Doug, I appreciate your clarification. I corrected my article and noted that at the top. Thank you for reading the Observer. Randy