Mastel ruling likely to stand

The controversial decision by the Spokane County Civil Service Commission to overturn the firing of a detective likely will stand.

Sheriff Ozzie Knezovich said his department has been researching ways to reverse the ruling, including the possibility of firing Joseph Mastel a second time. But those options don’t appear lawful.

Mastel was fired in June after he exposed himself at an Airway Heights coffee stand. This week, the commission changed the firing to a yearlong unpaid suspension followed by a forced retirement. The commission also has enabled Mastel to collect at least a portion of his 914 hours of unused sick time.

Knezovich said Wednesday that he is hopeful Mastel will not be allowed to get another law enforcement job in Washington. Earlier this week, the sheriff voiced concern that the reversal would prevent Mastel from being decertified by the Washington State Criminal Justice Training Commission.

However, the process to decertify an employee forced to retire because of a disciplinary action is not different than decertifying someone who was fired, said Doug Blair, the training commission’s peace officer certification manager.

Knezovich said the sheriff’s office soon will send the training commission documents about Mastel’s discipline to start the decertification process.

Still, decertifying Mastel could be difficult, in part because his actions happened while he was off-duty and because indecent exposure, the crime with which he was charged, isn’t a felony.

Allegations were raised at Mastel’s Civil Service hearing last month that he had lied to police when he was first questioned about the allegations.

Depending on the circumstances, lying during an investigation could be grounds for decertification, Blair said.

Airway Heights Detective Kelly Justice testified that Mastel originally denied exposing himself but admitted to it when pressed.

Mastel’s attorney, Bill Edelblute, told the commission that Mastel was honest about his actions. The alleged lie was not included in police reports, and sheriff’s officials said they were unaware of the discrepancy until it was mentioned at the hearing.

Knezovich said he considered using the allegation as grounds for firing Mastel again. But legal advisers told him that since the issue was raised at Civil Service proceedings, firing him for lying would be double jeopardy.