Defining 'modified duty'

COEUR d'ALENE - City officials confirmed last week that Coeur d'Alene Police Officer Dave Kelley still works for the department.

What they won't confirm is whether or not Kelley - who was named Friday as the officer who shot and killed a pet dog outside Java on Sherman in July - is back on patrol.

"I can't really comment on that," Coeur d'Alene City Attorney Mike Gridley said. "That would be a personnel matter."

Gridley added that the city does not plan to disclose where Kelley is working within the department, citing Idaho State Statute 9-340C, which states:

"The following records are exempt from disclosure:

Except as provided in this subsection, all personnel records of a current or former public official other than the public official's public service or employment history, classification, pay grade and step, longevity, gross salary and salary history, status, workplace and employing agency."

"And that includes status," Gridley said. "His status is that he's working for us, everything else is exempt."

Obtaining any other information about Kelley's employment with the police department, including disciplinary action taken as a result of the July 9 shooting and what types of duties the officer performs with the department, would require Kelley's consent, Gridley said.

Coeur d'Alene Police Department Cpt. Ron Clark, acting as chief, told the Coeur d'Alene City Council on July 15 that Kelley had been reassigned to desk duty, which is officially titled "modified duty."

According to department policy, modified duty, also known as "light-duty," is defined as "a temporary, limited-term assignment not requiring performance of the full range of duties associated with the regular job classification."

Sgt. Christie Wood said some examples of work officers do while on modified duty are assisting the patrol division by taking phone reports, assisting the detective division by following up misdemeanor investigations, and making the daily run to the Kootenai County District courthouse.

Wood added that there are a variety of reasons for a department member being placed on modified duty. Department policy states that modified duty may be available for members who "have incurred a duty-related illness or injury" and "non-duty related illnesses or injuries may also be considered for eligibility in accordance with this policy."

The policy further states that eligibility for modified duty is "subject to the approval of the chief of police or his designee."

Wood said officers on modified duty may or may not have their service weapons.

"It's very situational," Wood said. "If they are placed on modified duty due to injury they may not be physically able to carry it."