Phoenix attorney Troy P. Foster has filed a notice of claim against the city of Sedona on behalf of former Sedona Deputy Police Chief Ryan Kwitkin, who was terminated on July 10.

The notice demands compensation of $360,000 to forgo litigation, but does not include an explanation of how this total was calculated.

Sedona City Attorney Kurt Christianson stated the city accepted service of the claim on Aug. 19. The city has 60 days to respond to the notice or it will be automatically denied. If the claim is denied formally by the city or automatically after the 60-day window, Kwitkin will be free to file a lawsuit against the city.

Chief Investigation

Along with two Sedona Police Department staffers, Kwitkin filed a complaint on March 14 against Sedona Police Chief Stephanie Foley for creating a hostile workplace.

A third-party outside investigation firm, Revolutionary HR Consulting, interviewed 23 SPD and city employees and cleared Foley of eight allegations, determining all eight were “not substantiated,” on May 23.

Kwitkin Investigation

The consulting firm’s final report to the city on the Foley inquest stated that investigators had discovered potential misconduct by Kwitkin that they felt warranted further investigation.

Kwitkin, who was still in his probationary period, was placed on administrative leave on May 24.

City of Sedona Human Resources Director Russ Martin then conducted an investigation, interviewing 14 staffers regarding 13 allegations against Kwitkin, 10 of which were substantiated, one of which was partially substantiated and two of which were not substantiated. Kwitkin was notified on June 12 that the allegations against him included unprofessional conduct while in uniform, aggressive conduct toward staff and volunteers, violation of the notice of investigation, admonishments given prior to and during the Foley investigation, personal use of department assets, disclosing confidential information and violating departmental and city policies governing the position of deputy chief. The final assessment also added allegations of harassment, uncooperative and insubordinate actions during the investigation and failure to improve on unacceptable employee performance.

Kwitkin was notified of the city’s intent to terminate him on July 1 and was offered a predetermination hearing. Kwitkin requested a hearing on July 3, but did not show up to either meeting offered on July 9 or 10.

He was terminated on July 10.

Notice of Claim

The notice alleges that Kwitkin has claims against SPD for violations of the Arizona Employment Protection Act, against the city for false light and defamation and against several individuals for alleged violations of his First and 14th Amendment rights.

Under the subhead “The Summary in ‘Chief’: A Law Enforcement Drama,” the notice alleges the existence of “storylines [that] involve soap opera-like cliques” and says that the “drama would be entertaining if it were not real life.” The notice then claims that Kwitkin was placed on leave and escorted off city of Sedona property by Cottonwood Police Department officers, and alleges Kwitkin was not presented with copies of the allegations before being asked to interview with Martin to address them.

However, Martin wrote in the city’s investigation, “Kwitkin has twice refused to be interviewed after being ordered by the city. He has stated, as shown in an attachment to this report, that he believes he should have received interviews [transcripts or audio] generated during and as part of the investigation prior to beginning his interview. Simply these were not provided as they would have compromised the ability to obtain an unbiased and objective response to questions during the interview.”

The notice claims Kwitkin left “a very promising career” of 23 years in Boca Raton, Fla., to work in Sedona, where he then alleged that “employees were afraid to raise concerns, even legitimate ones, for fear of retaliation.”

The claim also stated that Kwitkin raised concerns over unarmed police volunteers transporting suspects to county jails in Flagstaff and Camp Verde, and that “Chief Foley’s response was dismissive and angry.” The notice also claims, without listing a date, that an officer, who was not named, left a holding cell key where a suspect was able to reach it, unlock the door and walk around the booking area. The notice states “this is just the tip of the iceberg of the complaints raised by” Kwitkin to Foley, yet lists no others.

Foster’s notice alleges that Kwitkin told one of the Revolutionary HR Consulting investigators to contact 12 current and former staffers whose names Kwitkin provided.

In the city’s investigation into Kwitkin, which sustained the allegation that Kwitkin had violated the Notice of Investigation by discussing issues with other officers, Martin wrote, “I listened to those statements that were made by the interviewees with clear intent to create conflicted feelings and to possibly influence staff who may be called. If his [Kwitkin’s] list was completely interviewed, he appears to try and set up positive feedback about his leadership and the potential for a change in leadership that was exactly at stake in the chief investigation.”

The notice details allegations against Foley involving Kwitkin’s office and computer location, his purchase of an unmarked police vehicle, the window tinting of his personal vehicle and an incident at an employee appreciation party, all of which were addressed in the independent investigation and found to be “not substantiated.”

The notice alleges that Foley told Kwitkin that his window tint was too dark and possibly illegal. Kwitkin claims an eye doctor said his eyes were sensitive, but “there was no serious medical issue” for a medical exemption.

Another section of the notice alleges that Kwitkin claimed he had a dispute with Foley after he was pulled over for running a red light in Flagstaff. Kwitkin states that “the officer likely saw his badge” when he opened his wallet and let him off with a warning rather than a citation, but at a separate encounter, Foley noted that SPD’s off-duty wallet does not show a police badge.

Kwitkin claims he used an older wallet “since 2000” that does show a badge when retrieving personal ID.

The notice claims that Kwitkin has endured “significant health issues, needing medical attention” and “will seek punitive damages against the individuals [involved] for their outrageous conduct. The city could have prevented this unlawful conduct altogether and at many junctures. But instead, it has been swept under the rug.”

Legal Representation

Foster is the third attorney to represent Kwitkin, who had initially retained the Ledbetter Law Firm in Cottonwood, then Scottsdale attorney Steven J. Serbalik.

Foster was sanctioned by the State Bar of Arizona on Oct. 3, 2011, and the presiding disciplinary judge suspended him from the practice of law for one year following an agreement for discipline by consent. Foster worked at the Ford & Harrison law firm between January 2007 and August 2009. Following a review of Foster’s billable time, Ford & Harrison refunded 19 clients in 50 legal matters for work Foster had billed them.

In the disciplinary agreement to which Foster consented, he agreed that some of his billings were negligent and not proper or ethical. Foster reportedly violated Rule 42 of the Arizona Rules of Professional Conduct, specifically Fees, ER 1.5, and Misconduct under ER 8.4(a) and ER 8.4(c). He was also ordered to pay restitution to Ford & Harrison in an amount to be determined later by the Bankruptcy Court and the Arizona State Bar’s costs and expenses of $1,201.50.

Foster was reinstated as a member of the bar on Sept. 23, 2014.

Kwitkin’s Notice of Claim against the city of Sedona