Audit of Wubbels case suggests SL police speed up high-profile internal incidents


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SALT LAKE CITY — A state review of how the Salt Lake City Police Department handled its internal investigation of the officers involved in the nurse Alex Wubbels incident suggests the department more quickly and openly address high-profile incidents.

"Much of the public's discontent with the Wubbels complaint seemed to center on the public's belief that the SLCPD failed to act on the case, failed to act quickly enough, or actually attempted to cover up the event from the public," according to a report State Auditor John Dougall released Tuesday.

Wubbels' controversial arrest by detective Jeff Payne at University Hospital occurred July 26, 2017. Salt Lake Police Chief Mike Brown announced Payne's firing and the demotion of his watch commander, Lt. James Tracy, for their involvement on Oct. 10, 2017.

Although the police department followed its policies, it should consider making exceptions to how it conducts internal affairs investigations in cases of great public interest, the audit says.

Furthermore, it should shorten the investigation time and provide fewer employment protections in its labor agreements, which "heavily favor the officer to the disadvantage of the public and SLC taxpayers."

Brown said in a written response that the department always tries to balance taxpayer funds and the public's right to know with due process and other legal rights required under state and federal law for public employee disciplinary proceedings.

"However, the department will take the audit's recommendations under advisement when the current labor agreement expires and the department again engages in labor negotiations with its police officers," he said.

Payne went to the hospital to collect blood from a man injured in a fatal crash. But Wubbels — citing policy agreed upon by the hospital and the police department — declined to tell Payne where the patient was or allow him to draw blood.

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Payne ultimately arrested the screaming charge nurse after pushing her out of the emergency room. Police body camera video of the incident caused outcries of protest from across the country.

In addition to reviewing internal investigations, state auditors also looked at department policies regarding officer work assignments and off-duty employment.

The audit found some police managers don't understand the religious accommodations requirements in the Civil Rights Act, putting the department at risk for violations and exposing the city to liability.

Management treats requests for being excused from an assignment based on a religious need no different than any other request to be excused, according to the audit. The police command structure takes the approach that "your assignment is your assignment."

The audit recommends police management undergo training about the Civil Rights Act and consider specific policies about religious or other potential accommodations under the law.

Regarding off-duty employment, the department's practices might create public confusion and foster mixed loyalties, the audit says. In some cases, private business or residents hire police officers for an event at which they might or might not be in uniform.

Brown said the department allows secondary employment because that deploys additional police officers in the city who can respond to emergencies and service calls. He said he recognizes auditors' concerns about public confusion or mixed loyalties, but department policy requires officers to enforce only laws and ordinances, not private employer rules.

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Dennis Romboy
Dennis Romboy is an editor and reporter for the Deseret News. He has covered a variety of beats over the years, including state and local government, social issues and courts. A Utah native, Romboy earned a degree in journalism from the University of Utah. He enjoys cycling, snowboarding and running.

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