Plains Police Commission upholds officer's termination
August 3, 2023
by Ed Moreth
The Plains Police Commission last
week upheld a decision by Mayor Chris
Allen to terminate a police officer for
insubordination, not following the chain
of command on a continued basis and
falsifying official documents, to name
only a portion of the reasons for his
dismissal.
Allen fired Chris Reyna from the
Plains Police Department on May 31,
listing several reasons for the termination.
The 37-year-old Reyna, who had
been with the department since January
2016, hired an attorney to appeal the
termination. The Plains Police Commission,
composed of Ron Robinson,
Dennis Evans and Tracy Scott, held
a hearing at City Hall last Monday to
decide whether or not the mayor's action
to fire Reyna was proper.
"The police commission is very
limited in its powers and duties. It is not
authorized to run a police department or
even suggest policies. What we are here
to do is to find the truth," said Robinson,
the commission chairman.
More than two dozen people
crowded into the meeting room of City
Hall, along with Loren Fitzpatrick,
the town's attorney, and Jordan Kilby,
Reyna's attorney. Robinson stated at the
start of the hearing that the purpose of
the commission was to make certain that
there exists an independent and impartial
forum where the appeal would be fairly
and fully heard and where the fair decision
will be reached.
Only two witnesses - Allen and
Chief of Police Brian Josephson - were
called during the near four-hour hearing.
Reyna never took the stand. "I want
to point out one thing very specifically.
It should say something that he's not
testifying today. Officer Reyna is not
testifying today to clear his name," said
Fitzpatrick in his closing statement.
"What's important here is that Mr. Reyna
did not dispute these contentions on the
record," he added.
Once the hearing was over late that
afternoon, the three commissioners spent
less than 30 minutes to decide that "the decision of Mayor Chris
Allen to terminate Officer
Chris Reyna is sustained,"
according to the five-page
document signed by the
three commissioners. The
document summarized
the findings of fact and
the conclusions of law
brought out in the hearing.
Robinson said the evidence
against Reyna was overwhelming.
Reyna's attorney
seemed to be fighting
an uphill battle during
the hearing as Fitzpatrick
revealed numerous
instances, some more
serious than others, of illegal
or unethical activities
on Reyna's part, which
mostly stemmed from the
time Josephson took over
as chief in June 2022, although
Josephson testified
that he didn't believe there
was friction between the
two when he took over. He
said the only friction was
what he'd asked Reyna to
do and what Reyna wanted
to do as an officer, mainly
because the previous chief
managed the officers in a
different way.
"Officer Reyna was
terminated for good cause.
Although Officer Reyna alleges
he was terminated for
retaliation, the commission
believes Officer Reyna was
instead terminated for good
cause," the commissioners'
report stated.
Reyna had made allegations
against Josephson
and the town, saying
there was a hostile work
environment and he was
harassed and discriminated
against, but he couldn't
come up with any evidence
to back his accusations, the
mayor said, adding that in
a May 11 letter, the mayor
specifically asked Reyna if
he could substantiate any
of the allegations that the
town had engaged in illegal
activities or that he had
been harassed.
Allen said that there
were enough allegations
against the chief and the
department that eventually
the town brought in
Sanders County Detective
Martin Spring to investigate
Reyna's complaints,
but Spring could find no
credible evidence. "Instead
of finding any substance to
the allegations, all we got
was a lot of suppositions,
lies, and things that are
unbecoming of an officer,"
said Allen. "So basically
speaking, we have an officer
that is lying to try to
get things done the way
he wants them done," he
added.
Reyna had been dismissed
for failing to follow
the orders of his supervisor,
failure to perform assigned
work in an efficient and
effective manner, speaking
critically or in a derogatory
manner about supervisors,
making false statements
about employment, and
falsifying 75 official police
records. Another reason for
his termination was when
he went on duty, without
permission, to help then
Officer Jared Hutchings
deliver his resignation to
the mayor at City Hall. He
charged the town for that
time and then, while on
actual duty later that evening,
instead of doing his
patrol job, took copies of
the resignation letters to the
private residences of council
members, according to
commission documents.
"We have an officer
handing out letters from
another officer, who's
leaving, to people at their
private residences. He's
supposed to be enforcing
the law, he's supposed to
be driving around, but he's
become the politician of
the town and that's not part
of his job," said Fitzpatrick.
Kilby brought up in the
hearing that one of the reasons
Reyna was terminated
was an incident involving
the improper cuffing of a
prisoner. The testimony by
Josephson revealed that
while Reyna was transporting
a female prisoner
to Thompson Falls, she
slipped out of her cuffs,
slid over behind Reyna,
pulled her pants down and
urinated on the floor, then
moved back over to the
other side and pulled cigarettes
and a lighter from her
pocket and lit the cigarette.
Josephson said Reyna had
been reprimanded for the
incident, but it was not one
of the reasons for termination.
Allen stated that the
incident demonstrated that
safety was not a priority
for Reyna. "It showed me
situations like that, that we
have an officer that is not
mindful of safety or even
doing what an officer is expected
to do." He said there
were other situations that
demonstrated that Reyna
was "unwilling to change
the way he operated."
Reyna's attorney
questioned whether or not
her client had been given
sufficient notification of his
dismissal and that the reasons
for his dismissal were
unclear. Fitzpatrick, however,
said that Reyna had
been given several notices,
verbally and in writing, and
he had been told why he
was fired. He provided letters
dating back to December
of last year, along with
emails verifying Reyna's
problems with chain of
command, falsifying
records, and his continued
reluctance to turn in written
reports and his PBTs
(portable breathalyzer
tests). Robinson said that
his dismissal wasn't "out
of the blue" and that he had
received multiple warnings
over the past year. In the
commissioners' report, it
stated that Josephson sent
Reyna multiple emails
cautioning him that his
"continued refusal to abide
by written directives could
be grounds for insubordination."
Kilby argued that the
mayor's written monologue
was too general to
apprise Reyna of any basis
of termination, but the
members of the commission
said her argument
was "unconvincing."
Fitzpatrick reiterated that
he had been warned about
problems for over a year.
He said that the May 31
termination meeting was
not the first time he had
been put on notice for his
actions. He pointed out that
the May 26 letter from the
chief referred to the record
falsification, along with his
failure to abide by written
directives, including a
directive to patrol within
the town limits, a directive
to seek approval for extra
shift time, and a directive
to turn in written reports
and his PBTs in a timely
manner. It also noted
Reyna's attempt to mislead
an official investigation
relating to a charge that the
town and the department
engaged in unethical, immoral
and illegal matters.
In Kilby's closing
argument, she stated that
the reason they were there
was to determine whether
or not Reyna was rightfully
terminated and, citing the
town's personnel manual,
she pointed out that his
dismissal required approval
of not just the mayor, but
also by the town council,
which did not happen. She
added that she believes
Reyna should be reinstated
because due process was
not followed.
However, it was determined
that the general
personnel manual does not
include the police department,
said Allen. The
police department falls
under its own guidelines
and states that the mayor
has charge and supervision
of the Plains Police Department
and shall appoint the
members and officers of
the police department. In
addition, the mayor "shall
have the power to suspend
or remove any member or
officer of the force," the
manual states.
Reyna said that the
police commission was not
neutral, based on the several
commission ruling for
the prosecution during the
hearing. "At one point my
attorney stopped objecting
because they were always
going to rule in favor of
the current administration,"
said Reyna, who plans
to appeal the decision in
district court.
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