Sacked Sedona deputy police chief files lawsuit against city leaders, former boss
SEDONA, Ariz. - A former deputy chief fired by the City of Sedona after an internal investigation is speaking out for the first time about issues within the Northern Arizona police department.
We have previously reported on the firing of Ryan Kwitkin. In June 2024, we reported that Kwitkin was among a number of employees who raised concerns about working under the leadership of police chief Stephanie Foley. In a letter sent to the City of Sedona by Kwitkin and another police sergeant, the city's police chief was accused of creating a hostile work environment.
Specifically, the complaint described Foley's alleged "belittling and disruptive behavior against department employees", a culture that is "objectively and subjectively hostile." The letter went on to allege that Foley responded to questions unprofessionally with sometimes "inappropriate, unwarranted anger," among other allegations.
Kwitkin has also alleged that Foley engaged in ‘belittling behavior,’ as well as accusing her of directing subordinates to record colleagues.
"When you're trying to foster in a trusting police culture, you don't surreptitiously record your own officers," Kwitkin said. "There were three separate times the chief ordered me to record officers, and her answer when I said to her ‘chief, I'm not going to say anything that I need to be concerned with where I need to record it,’ her answer was, 'well, you don't know these officers, and I've had problems with them in the past, and you need to record them.'"
The city hired a human resource firm to investigate Foley, and Foley was allowed to keep working amid the probe. Ultimately, all of the eight allegations made against Foley were deemed to be unsubstantiated.
"She was positioned in a place where anybody who had concerns about her, she could see where they were and where they were coming from, so I think that probably, people didn’t come forward," said Kwitkin's attorney, Troy Foster. "I know, in fact, that people who had concerns didn’t come forward."
Former Sedona Deputy Police Chief Ryan Kwitkin
Kwitkin placed on leave following Foley probe
In August, we reported that just two days after the determination was made, Kwitkin was placed on paid administrative leave amid allegations that he was being unprofessional and aggressive towards other staff and volunteers. The chief did not have a role in placing him on administrative leave. It was the decision of the City Manager.
Ultimately, 14 people were interviewed in the investigation against Kwitkin, and of the 13 allegations, 10 were sustained, including aggressive behavior, abuse of authority, harassment, and failing to improve on unacceptable employee performance. The investigation could not confirm if Kwitkin acted unprofessionally while in uniform during a matter at his child's high school. It also could not confirm if Kwitkin recruited colleagues to make complaints against Foley.
"There is some truth to it, but a lot of the allegations were spun to put me in a negative light," Kwitkin said.
Kwitkin's attorney has called the firing retaliation.
"He was unlawfully terminated, retaliated against, and the City and Chief violated his Constitutional rights. This is not a close call. The Chief targeted Ryan only after he raised concerns about things that the Chief was doing. Things that violate state law and endanger the public. And a number of other employees have similar concerns, but fear raising them because of the toxic and retaliatory environment that the Chief has created," read a portion of a statement released by Kwitkin's lawyer.
Lawsuit filed in early November
The civil complaint alleges that the City of Sedona ‘orchestrated’ efforts to ‘cover up concerns raised about the chief’ for violating Arizona law.
"My reputation has been damaged. It's severely damaged," said Kwitkin. "I tried to do the right thing and help the residents of the City of Sedona, and bring concerns to the chief about very outdated styles of policing that are just not consistent with best police practices in the 21st century, and every time that I would bring these up to the chief, I was met with negative reactions."
Besides the City of Sedona and its police chief, former city manager Karen Osburn, incumbent city manager Anette Spickard, and human resources manager Russ Martin were named in the lawsuit. Per court documents, Osburn is accused of keeping Foley in her role during the first investigation, allowing her to supervise the people who filed complaints against her. Spickard and Martin are accused of not doing enough when concerns were brought forward.
Kwitkin claims the defendants violated his rights under the 1st and 14th Amendments to the U.S. Constitution, as well as the Arizona Employment Protection Act, citing retaliation.
"In your eyes, are they doubling down and trying to cover this up?" we asked Foster.
"I think that they were, but I think that it’s hard to do that when you have documents and recordings that we have that really shed a light on the truth," Foster replied.
Kwitkin again details concerns over departmental policies
Kwitkin has raised concerns about various department policies, including the ability for volunteer officers to transport apprehended suspects to jail.
"I just couldn't fathom that we were taking someone's constitutionally-protected rights after they've been arrested, and then turning them over to civilians, unarmed civilians, transporting them over an hour to the county jail, driving a police car. A marked police car," Kwitkin said. "When I would discuss this with the chief, 'this is not safe. We can't do this,' everytime it was met with negativity towards me and hostility."
A spokesperson for the city says Sedona Police civilian officers transport arrestees, depending on the risk or threat assessment.
Kwitkin also said sworn officers can fire warning shots.
"In today's day and age, police policy should specifically ban the use of warning shots," said Kwitkin. "Sedona Police Department policy allows warning shots."
In response, the city’s spokesperson says generally, it’s discouraged to fire warning shots for the purpose of getting aid, and may not be discharged unless the officer reasonably believes that it’s necessary, effective and safe.
Kwitkin also said that in January, a suspect in custody was able to unlock a jail cell door due to an officer leaving a key in the lock, allowing the prisoner access to the booking area.
While Sedona city officials say they are aware of the complaint, they have no further comment. The defendants are expected to file a response in court at some point.
Kwitkin, who is requesting back pay, reinstatement, compensatory and punitive damages as well as demanding a jury trial, said he does not regret speaking up about what he calls major issues
"If doing the right thing was easy, everybody would do it," Kwitkin said. "I really feel that by standing up and doing the right thing, it will ultimately make things better for the city."