Seattle cop's penalty cut back to 5 days

A citizen-appeals board has upheld a misconduct finding against a Seattle police officer who met an intoxicated woman during a late-night call, then immediately took vacation so he could have sex with her.

But the city Public Safety Civil Service Commission reduced a 30-day suspension imposed on patrol Officer Lance Basney to a five-day suspension without pay, saying the original discipline was too harsh.

The three-member board overturned findings that Basney, 35, a 12-year veteran, failed to report a domestic-violence incident and failed to report transporting the woman in his patrol car.

In a 10-page report released Tuesday, the commission gave this account:

Basney responded to a possible assault June 21, 2004, at the Scarlet Tree Restaurant on Roosevelt Way Northeast in North Seattle. One caller said he had seen a man hit a woman and knock her to the ground.

Basney arrived about 10:30 p.m. with another officer. They were told of an argument between two patrons but couldn't find witnesses.

The alleged victim — an intoxicated woman — told Basney she had not been struck. She said a man with her had gotten into a conflict with another man, but both had left.

Both officers said they saw no signs of assault. Basney ended the investigation about 11:15 p.m. and did not write a report.

During their questioning, the woman propositioned both officers, suggesting three-way sex, the officers told the commission during an appeal hearing in September.

The one officer declined. But Basney contacted his sergeant and got permission to take vacation for the second half of his shift, citing personal reasons. Seattle police are allowed to take emergency vacation in the middle of shifts, if approved.

Basney drove the woman in his patrol car to the North Precinct but didn't notify dispatchers she was in the car. The woman waited outside the precinct while Basney changed clothes.

He drove her in his personal car to his home and had sex with her. About 2 a.m., he dropped her off near the home of the man she had been with at the restaurant.

That man filed a complaint about Basney with the department, which triggered an internal investigation. Police Chief Gil Kerlikowske suspended Basney for 30 days.

Commission Chairman Joel Nark and Commissioners Herb Johnson and David Bown agreed Basney had engaged in conduct unbecoming an officer. But Nark wrote that Basney should be suspended fewer than five days.

The panel found Basney didn't violate the department manual when he drove the woman in his patrol car. While he showed "very poor judgment," the panel said, the manual only encourages, but does not require, officers to notify dispatchers when transporting individuals of the opposite sex.

Basney wasn't required to file a domestic-violence report because there was no clear evidence of it, the panel said.

Mark McCarty, a Seattle police attorney, said the department was pleased its finding of unbecoming conduct was upheld and "can live with" the reduced suspension.

Basney couldn't be reached for comment Wednesday.

At the September hearing, Basney testified he was embarrassed by his actions but said he shouldn't have been disciplined.

"I was off-duty and on my own," he told the commission.

Steve Miletich: 206-464-3302 or smiletich@seattletimes.com