State recertifies Oakland chief of police.

Byline: Karen McCowan The Register-Guard

OAKLAND - Police Chief Norm Counts is no longer in limbo on one front: The state has renewed his certification as a police officer after seeking to permanently revoke it over circumstances of his departure from a previous job.

But, after just 18 months in Oakland, Counts knows his days as chief are numbered. In a 4-0 vote last month, the City Council directed its insurance carrier to negotiate a severance agreement with Counts. No deal has yet been struck, and Counts continues to work for the city, "much to the displeasure" of some councilors, he said Thursday.

Earlier last month, Counts formally notified Oakland officials of his plans to file a $200,000 lawsuit against the city and some councilors over their handling of his employment. Council members have declined comment on the matter, citing the pending litigation. Counts complained of what he called an illegal pay cut and the refusal of elected city officials to provide the state with employment documents needed for his state certification.

The latter issue was resolved when a new City Council took office early this year. And the Oregon department of Public Safety Standards and Training last week reissued Counts' certification at the basic, intermediate, advanced and supervisory levels, according to department spokeswoman Bonnie Salle.

But the agency refused to issue Counts the management certificate he also sought, citing a shortfall of class credits. Oakland City Council President Andrea Botwinick noted, however, that the state did not yet require such a credential when Counts was hired as chief in late 2005. Any subsequent chiefs will need management certification under the new state rule, she added.

Oakland last fall paid a $50,000 settlement to Counts' predecessor, Dale Shaw, after he filed a wrongful discharge lawsuit over his 2005 dismissal. His supporters used the circumstances of his ouster to organize a successful recall campaign against three council members who voted to fire him.

The three council members hired Counts to replace Shaw just before their recall. His future with the city became uncertain last year as two remaining council members deadlocked over his one-year performance review.

Counts said his certification had lapsed automatically just before Oakland hired him because he went more than three months without working as a police officer.

Meanwhile, the state began proceedings to revoke his police certification permanently because of a report by his former employer, the Warm Springs Tribal Police Department, that they had fired Counts "for cause" in the summer of 2005.

The state agency dropped the revocation effort late last year after Counts' attorney disputed tribal claims that Counts had been fired for insubordination after repeatedly ignoring orders to "get in shape" and attend academy training. The lawyer submitted evidence that Counts had resigned from Warm Springs because of political infighting during the removal of a police chief there.

In a Dec. 13 withdrawal notice, agency officials said they still believed that Counts had refused timely compliance with legitimate orders, but could not disprove his claim that he had resigned.