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Panel reduces officer's suspension for quitting work early to have sex
SEATTLE POST-INTELLIGENCER ^ | November 11, 2005 | HECTOR CASTRO

Posted on 11/11/2005 11:28:13 AM PST by kingattax

A Seattle police officer called to a fight between a man and a woman made no arrests and took no report, instead quitting his shift early to take the woman involved to his place for sex.

After an investigation prompted by the woman's fiancé, Officer Lance Basney was suspended for 30 days without pay. But this week, Basney succeeded in appealing that discipline before the city's Public Safety Civil Service Commission; his punishment was reduced to five days.

Still, an attorney for the Police Department was pleased, saying the finding supports the department's position that even off-duty conduct matters.

"We're happy the commission supported the chief's decision that off-duty conduct can constitute misconduct," Mark McCarty, an attorney for the Police Department, said Thursday. "But we believe the conduct justified more discipline."

Sgt. Kevin Haistings, president of the Seattle Police Officers Guild, disagreed, saying the decision focused on Basney's conduct while he was on duty, in that he met the woman through the course of his police work.

"Exactly at what point am I a private citizen again?" Haistings asked. "I don't believe the decision clarifies that."

The case was prompted by an incident in the summer of 2004, according to a report released Tuesday by the commission.

About 10:24 p.m. on June 21, 2004, Seattle police received several 911 calls reporting a fight at the Scarlet Tree Restaurant in North Seattle, with at least one caller reporting that a man had hit a woman, knocking her to the ground.

Basney, a 12-year veteran, and Officer Rusty Leslie responded. The two officers learned from patrons that there had been an argument between a man and a woman, though from their interviews with witnesses, it was not clear that she had been assaulted.

advertising Both officers said the woman showed no signs of having been assaulted and denied that she was a victim of an assault.

The man who had been with her was her cousin, she told the officers, but he had left the scene before police arrived. That man, it turned out, was engaged to the woman.

Witnesses agreed that the woman was intoxicated, though Basney told other officers that she did not appear so to him.

In interviews with department investigators, Basney said the woman told him he was cute and offered to have sex with both him and Leslie.

Leslie declined, but Basney ended up asking to take the rest of his shift off as vacation time, as is allowed under department policy, and cited a personal matter.

Neither officer filed a report on the incident.

Basney drove the woman to the North Precinct in his patrol car. While she waited outside, he changed into civilian clothes, drove the woman to his apartment and they had what was described in the documents as consensual sex.

Later, Basney dropped the woman off near the home of her fiancé. When the man learned what had taken place, he filed a complaint.

According to exhibits filed in the hearing before the commission on Sept. 21, investigators contacted the woman involved, but she did not wish to participate in the investigation.

She said she was too intoxicated to remember much of that night, and did not know whether she was driven home in a patrol car or a civilian vehicle. She denied having sex with the officer, though Basney admitted to it in an interview with an internal affairs investigator.

In December 2004, police Chief Gil Kerlikowske disciplined Basney for failure to take appropriate action, in that he never reported to the department that he was transporting a female civilian.

The department manual encourages an officer to notify dispatch when transporting someone of the opposite sex, and suggests using an officer of the same sex for the transport.

Kerlikowske also found that Basney behaved in conduct unbecoming an officer. He ordered a 30-day suspension without pay.

The commission overturned the chief's finding on Basney's transport of the woman. In its report, the commission members wrote, "While Officer Basney exercised very poor judgment under the circumstances in not reporting the transport, his failure to do so did not violate that departmental manual section."

The commission agreed that Basney's conduct was unbecoming an officer, noting that in order to pursue the sexual encounter, he drove an intoxicated woman, who was the possible victim of an assault and whom he met through the course of his official duties, in his patrol car while on duty.

McCarty, the department lawyer, said Basney has not yet served the discipline, but would soon. Basney could not be reached for comment. P-I reporter Hector Castro can be reached at 206-903-5396 or hectorcastro@seattlepi.com.


TOPICS: News/Current Events; US: Washington
KEYWORDS: gitrdone; handcuffs; policeofficer; suspension
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To: Millee

yeah, you're right about that....now the cops on horseback, there's another consideration.


41 posted on 11/11/2005 12:29:14 PM PST by peacebaby (I'm not overwhelmed! I'm just the right amount of whelmed.)
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To: Libertina; Brian Allen; lkco; phantomworker; IYellAtMyTV; Mystic; M0sby; chgomac; ShorelineMike; ...

Evergreen State ping

FReepmail sionnsar if you want on or off this ping list.

Ping sionnsar if you see a Washington state related thread.

42 posted on 11/11/2005 12:30:03 PM PST by sionnsar (†trad-anglican.faithweb.com† || (To Libs:) You are failing to celebrate MY diversity! || Iran Azad)
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To: peacebaby

"Boy howdy. A motorcycle cop could interrogate me anytime he wanted."

What is up with that? My wife goes a little nutty every time she sees a cop on a bike with those bike black boots.


43 posted on 11/11/2005 12:42:53 PM PST by mad puppy ( The Southern border needs to be a MAJOR issue in 2006 and 2008)
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To: mad puppy

I don't know...the look just drives me wild. absolutely nuts.


44 posted on 11/11/2005 12:45:10 PM PST by peacebaby (I'm not overwhelmed! I'm just the right amount of whelmed.)
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To: mad puppy

It's the boots,

Ok,
It's the bike and the boots...

OK, mebby it's the bike, the boots and the tight pants...

;)


45 posted on 11/11/2005 12:56:52 PM PST by najida (Sometimes the only justice we'll ever get is having our story heard.)
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To: PLMerite

It was reduced to five days.


46 posted on 11/11/2005 1:00:45 PM PST by connectthedots
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To: clee1; big ern; Squantos; Eaker; Cap'n Crunch; Larry Lucido; 5Madman2

When this guy goes 10-7 he really gives it new meaning.


47 posted on 11/11/2005 1:31:15 PM PST by Horatio Gates (Stop the MSM...do it bloggie style.)
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To: Horatio Gates; clee1; big ern; Squantos; Eaker; Cap'n Crunch; Larry Lucido

The badge will get you -----, and ----- will get your badge


48 posted on 11/11/2005 1:34:32 PM PST by 5Madman2 (There is no such thing as an experienced suicide bomber)
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To: Horatio Gates

The liberals in Seattle are only concerned if he used a condom.

Stupid idea all the way around and I think he's too old to be making these mistakes. That being said, he didn't break a single written policy of the agency so they had to use the equivalent of the UCMJ's General Article to get him.

Major DOH!

If you ask any officer that retired more than 5 years ago he'd say, "He got time off for that?"


49 posted on 11/11/2005 1:43:01 PM PST by TheErnFormerlyKnownAsBig (I get paid to get in your business.)
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To: 5Madman2

LOL!!!


50 posted on 11/11/2005 1:53:23 PM PST by Eaker (My Wife Rocks! - I will never take Dix off of my ping list as I have been asked to do.)
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To: 5Madman2
You reminded me of the three deadly LE "B's."

Bills, booze and broads

51 posted on 11/11/2005 1:54:09 PM PST by Horatio Gates (Stop the MSM...do it bloggie style.)
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To: Horatio Gates

The second two usually get you to the point where you can't pay the first one.

That's usually when people start focusing their undivided negative attention on you.


52 posted on 11/11/2005 2:05:31 PM PST by 5Madman2 (There is no such thing as an experienced suicide bomber)
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To: Eaker

Wish I could take credit for it-saw it first on a Glock Talk Board. Seemed liek the right thing to say on this topic


53 posted on 11/11/2005 2:09:06 PM PST by 5Madman2 (There is no such thing as an experienced suicide bomber)
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To: peacebaby
Just the facts, Ma'am.

Just relax, Ma'am.

54 posted on 11/11/2005 2:11:36 PM PST by Rockitz (After all these years, it's still rocket science.)
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To: Physicist
>On the upside, programmers get paid a lot more

If you perform a
Google image search keyed for
"programmer groupies"

you get exactly
the same result you get for
"physicist groupies":

Your search - physicist groupies - did not match any documents

Your search - programmer groupies - did not match any documents


55 posted on 11/11/2005 2:12:52 PM PST by theFIRMbss
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To: kingattax

This state makes me more embarassed by each passing day. We had a case about a year ago where a female attorney had sex with an inmate in Seattle. Then we have the illustrious mayor of Spokane who surfs the web from his office looking for young men.


56 posted on 11/11/2005 2:13:51 PM PST by Vicki (Washington State where anyone can vote .... illegals, non-residents or just passing through)
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To: kingattax
"Sex with an intoxicated victim of domestic abuse? Everybody (on the Seattle Police Department) does it."
57 posted on 11/11/2005 2:18:54 PM PST by CDB ("Something there is that doesn't love a wall"--Robert Frost - NOT Jamie Gorelick)
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To: theFIRMbss
Being an experimentalist, I had to try it. "Programmer groupies" gives 49 hits; "Physicist groupies" gives a mere 12. "Physicist" and "groupies" gives 882 hits, but "programmer" and "groupies" gives a whopping 26,300.

Clearly, programmers are cooler than physicists, and get laid more on average. I'll keep putting my hope in those statistics, anyway.

58 posted on 11/11/2005 2:25:37 PM PST by Physicist
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To: peacebaby

I never had a motorcycle but I still have my bicycle shorts.

Okay, I know, it's not the same...


59 posted on 11/11/2005 2:40:24 PM PST by Larry Lucido
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To: Millee

Darn you, Millee! (See my #59).


60 posted on 11/11/2005 2:42:40 PM PST by Larry Lucido
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