Officers were concerned about chief’s conduct, documents show

The resignation of former police chief Allen Schubert came after rank and file officers in the Blaine police department apparently lost confidence in him and requested a meeting with Blaine city manager Michael Jones to discuss his leadership style and disregard of policies and standard police procedures during his short stint with the department.

A list of their concerns was presented to the city manager and city attorney Richard Davis in a January 15 meeting and given to The Northern Light in response to a public records request made by the newspaper following Schubert’s resignation.

This meeting occurred one week after a January 8 incident in which Schubert pretended he was from UPS to gain entry into a private residence and was said to have scuffled with the home’s 77-year-old occupant. The incident left other officers feeling uncomfortable and led to an investigation by the city of Blaine.

Following the meeting, there was a flurry of activity by city officials. Jones hired Clear Risk Solutions Inc. from Ephrata, Washington to conduct an investigation. Marc Barger, an investigator with the firm, arrived in Blaine on January 17 for two days of interviews with police department personnel. On January 29, Jones informed Schubert that he was being placed on paid administrative leave until the investigation was completed. He was instructed not to contact city personnel or come into work.

The January 8 incident appeared to be the final straw for some officers, who compiled a lengthy list of concerns about Schubert’s actions during his brief tenure with the department.

Those concerns, presented to city manager Michael Jones on January 15, range from minor instances of office politics to more serious allegations against Schubert, such as requesting criminal history checks on neighbors, improper use of a city-issued vehicle and disposing of a homeless person’s belongings.

The list, which was prepared by an unknown officer or officers, stated, “The purpose of this document is to inform the Blaine city manager of ongoing actions by chief of police Allen Schubert. These actions when taken in totality appear to show a pattern of behavior and not a one-off accident or mistake.”

Overall, the document suggested that Schubert was unwilling to learn the procedures and laws for Washington state: “After multiple officers and supervisors have attempted to educate, remind, assist and correct chief Schubert numerous times on a variety of issues, he continues to disregard WA/Blaine procedures. This disregard places other officers and the city in extreme liability.”

Allegedly, Schubert asked the Blaine police department’s records department to run criminal history checks on his future neighbors while he was purchasing a home. The records department “[told] him that they cannot do this, which is accurate. State law prohibits such actions, as you cannot run criminal history just because you want to know it about someone.” Users are prohibited from using the database for personal investigations.

Schubert also requested that officers conduct traffic stops in order to distribute tourism flyers to non-Blaine residents. “This targeted enforcement and seizing of a person without the intent of a legitimate lawful purpose was brought to chief Schubert’s attention. Bellevue police had been sued regarding a similar incident in the past.” Schubert later acknowledged the concern and withdrew the request.

On another occasion, Schubert was said to have stored alcohol in the police department fridge for a departmental event on the Plover ferry. Department policy prohibits alcoholic beverages on Blaine police property. Immediately following the event at which he was reportedly seen consuming alcohol, he got into his city-issued vehicle and drove away.

The document also describes a situation on New Year’s Eve in which Schubert drove through the Salishan neighborhood with his emergency lights activated. When queried, he replied that he thought he had heard gunshots and was trying to locate them. “Chief Schubert drives a marked patrol vehicle with the emergency lights activated in search of ‘gunfire.’ During this search, chief Schubert is not able to correctly identify his location to other officers. The combination of actions created a dangerous potential officer safety concern,” said the document, which noted that when searching for a potential gunman, overhead flashing lights should not be used.

The officers were also concerned about the way in which Schubert treated homeless people. In one instance, Schubert removed and disposed of a transient person’s property while responding to a call at the Blaine Public Library. Other cities have been sued for the same actions, noted the document. “Law enforcement can only seize property if it is an immediate threat to public health/safety, evidence in a crime or contraband. If we take it for safe keeping, which would give someone a chance to claim their items, they should be kept in the evidence room for 60 days which is a state law.”

Separately, Schubert requested several vehicles to be towed. The vehicles were being lived in by several families and individuals, and Schubert was told that by law, the police could not seize the property and deny them their place of residence.

Schubert also delayed getting his certification in Washington. Officers from outside the state are required to complete an “equivalency academy” but Schubert, “after numerous requests and reminders [had] yet to provide … the necessary information to complete the application for the equivalency academy.”

When asked to comment on these allegations, Schubert said, “These allegations are not true. I don’t think that engaging with these vindictive and unreliable sources through the newspaper is appropriate. I don’t think these people will stop trying to smear me no matter what evidence I present. I don’t intend on making any further comments on this subject. I have moved on.”

Asked for comment by The Northern Light, Jones said, “A meeting took place at city hall between me and a small group of officers on January 15. It is very common for me to meet with staff as part of my job as city manager. There was no outcome of the meeting because the police chief resigned.”

While the records provided by the city do not include the investigative report, it is clear that matters moved swiftly following Schubert’s suspension.

On February 1, Alex J. Higgins, Schubert’s Seattle attorney, submitted a draft statement describing his departure as based on a desire to return to the Los Angeles Police Department. On February 4, Blaine City Council held an executive session to discuss potential litigation, presumably to discuss the financial package that was offered to Schubert, who resigned that same day. While his original employment contract with the city stated that “an employee who resigns shall not be entitled to severance,” Schubert received three months’ salary, or approximately $28,000, in exchange for releasing all potential claims against the city.

It appears reasonable to assume that city officials, wishing to avoid potential costly litigation, sought a quick end to Schubert’s employment by negotiating the severance agreement.

Between the meeting with police officers on January 15 and Schubert’s resignation, there was voluminous correspondence involving the city manager, city attorney, at least one city council member, police officers and others. A number of documents were withheld from disclosure due to exemptions in the state’s public records act such as attorney-client privilege.