Cottonwood Police Chief Gesell fired after investigation

After being placed on administrative leave four months ago, Cottonwood Police Chief Steve Gesell was terminated by the city of Cottonwood on Thursday, Sept. 14, following an independent investigation. 

“My family and I are eternally grateful for the support we have received over the past four months,” Gesell said. “Personally, though no one wants to end their career in this way, I am honored to have spent the last seven-and-a-half years of my law enforcement career serving this community. I am at peace knowing this ordeal will likely contribute to future outcomes that will benefit the community. Ironically, that hope is or certainly should be, one of the principle motivators for those that serve the public.” 

The investigators report concluded that Gesell’s conduct at a May meeting violated city policies as set out in Section 8 of the city of Cottonwood’s employee manual, including insubordination and violations of the CPD’s policy manual. 

Officer Files Civil Rights Complaint 

On May 25, 2022, Cottonwood police officer Kiedi Dever filed a discrimination complaint with the Civil Rights Division of the Arizona Attorney General’s Office alleging sex-based discrimination in employment, which she later amended to add allegations of disability-based discrimination, retaliation and other aggrieved individuals. 

Dever is one of three female police officers at CPD and alleged that she was subjected to different terms and conditions of employment and a hostile work environment because of her sex. 

Following its investigation, the division determined that there was reasonable cause to believe that Cottonwood discriminated against Dever based on her sex and disability and then retaliated against her for filing a complaint. 

Under the terms of the settlement that Dever agreed to with the city, she received compensation of $67,142.92 and was reassigned as a detective. She was guaranteed the detective’s position for a minimum of two years unless she voluntarily agrees to transfer to a different position or assignment. 

Findings by the Arizona Civil Rights Division

The ACRD investigation found that Dever was subjected to hostility and unwarranted disciplinary actions by male supervisors at CPD.

The ACRD’s reasonable cause determination stated that a sergeant at CPD “often talked down to female CPD employees, including but not limited to Dever. He routinely demeaned Dever, and often complained about her, including but not limited to calling her stupid.” 

Dever was also routinely critiqued by her immediate supervisor, another sergeant, for performance issues, although other supervisors had commended her for those same performance characteristics during her annual reviews. 

When Dever informed her supervisor that she felt traumatized by these incidents and was interested in seeking mental health treatment, she was told by the sergeant to leave the detective position because it was “too much” for her. 

She sought treatment independently and was diagnosed with post-traumatic stress disorder.

In an email dated June 13, 2022, Gesell stated that returning Dever to a detective position would be inappropriate. During his interview with ACRD, Gesell testified that he could never justify giving Dever “any type of concession like putting her back [in investigations as a detective].” 

Dever returned to work in June 2022 and was informed by Gesell that she would be reassigned as a patrol officer with supervision by a field patrol officer, although a licensed psychologist had cleared her as fit for full duty with no restrictions. 

This reassignment led to a 5% salary decrease for Dever and a less favorable shift assignment. 

Gesell claimed that Dever’s “mental health was a concern.” 

A male CPD detective had previously taken a three-month leave of absence but was not required to complete time with a field training officer and was immediately reassigned to the Investigations Unit as a detective with only light duty. Another male CPD officer had previously taken a leave of absence for a traumatic brain injury. When asked about this, Gesell told investigators he could not remember if he had been required to ride with a field training officer. He stated that if he did, it was only for one or two shifts, while he ordered Dever to be supervised for several weeks. 

During the ACRD investigation, Gesell testified under oath that female employees are “emotional,” that two of the management-level female staff made their supervisory decisions based on “relationships rather than more pragmatic approaches … [or] logical outcomes,” that one female supervisor “broke down in a meeting emotionally” and that another female employee was an “emotionally driven person.” 

Council Considers Findings of the Arizona Civil Rights Division

City Council agendized that members would discuss the ACRD’s determination relating to Dever’s case and negotiated settlement at a special meeting on the evening of May 9, 2023. 

According to the city’s investigation, Gesell believed he should have been present at the meeting to answer council members’ questions and tell his side of the story. 

In a statement issued on July 12, 2023, Gesell claimed that the interim City Manager Rudy Rodriguez had not informed him of the meeting or invited him to attend because Rodriguez was “attempt[ing] to discredit me before the new city manager arrived the following Monday.” 

At 5 p.m. on May 9, Rodriguez sent an email to Gesell and Human Resources Director Amanda Wilber, which stated, “At tonight’s executive session, we will have City Council and lawyers present. Amanda should also be present in the executive meeting. Chief, if you planned to attend, there will be no need at the executive session.” 

By law, executive session meetings are held behind closed doors with members of council and their legal council. Council can discuss matters but cannot vote or take any legal actions. 

When interviewed, Gesell stated that Rodriguez’s email “raised [his] concern significantly that this was a malicious, opportunistic attempt to defame me or discredit me before the new city manager arrived.” 

The investigation found no evidence to support Gesell’s speculation regarding the reasons why Rodriguez informed Gesell that he did not need to attend the executive session. 

Rodriguez told Gesell that the session involved a legal matter that did not warrant Gesell’s participation, and that his participation would not have been in the best interests of both the city and council. 

Gesell then sent a text message to Councilwoman Helaine Kurot prior to the executive session alleging that Rodriguez was either incompetent or acting to harm him by excluding him from the executive session. His text also claimed that former City Attorney Steve Horton had colluded with Rodriguez to prevent him from participating in the executive session. Gesell asked Kurot to get him into the executive session and reportedly threatened to “call out” Rodriguez if he was permitted to participate in the executive session. 

In a letter from Rodriguez to Wilber dated May 10, Rodriguez stated that after the council meeting, Gesell confronted him and yelled, “This is a travesty,” and “This is not over, Rudy.” 

Kurot stated in the report that when Rodriguez left the building, “the chief lost his mind” and “came after” Rodriguez “yelling and screaming.” 

After this, Gesell reportedly called Wilber and told her that he had “ripped Rudy a new one.” He admitted he had yelled at Rodriguez and proceeded to criticize Rodriguez’s job performance. 

Gesell issued a statement on July 12, 2023, in which he said, “Considering the spurious sequence of events that day and the repeated lack of even basic communication, I was admittedly confused, frustrated and suspected malice. I believe the volume of my voice was slightly elevated and my conversation with Mr. Rodriguez lasted approximately two minutes. There were no others standing near us. I used candid language while inquiring about the rationale used to justify keeping me from being available to council. At no time did I use profanity, insult or threaten Mr. Rodriguez in any way. I told him I had no interest in the content of the executive session as I was aware it was confidential.” 

The city retained Osborn Maledon, P.A. to investigate Gesell’s conduct at the council meeting on May 9, 2023. 

Rodriguez placed Gesell on paid administrative leave on May 11.

The notice Gesell received stated that it was not disciplinary in nature but was needed for the city to investigate matters related to Gesell’s conduct. 

The Osborn Maledon, P.A. firm’s report concluded that Gesell’s conduct violated city policies as set out in Section 8 of the city of Cottonwood’s employee manual. The report specified multiple violations, including insubordination, acts detrimental to the mission of the city, acts that bring discredit to the city and discourtesy to another employee, as well as violations of the CPD’s policy manual including acts bringing discredit to the department, acts unbecoming a member of the department and discourteous treatment of any city employee. 

Current City Manager Scotty Douglass’ first day on the job was May 15. 

Following the investigation, Douglass notified Gesell of his intent to terminate his employment on Sept. 7. 

On Sept. 11, Gesell asked for a rescheduling of the pre-disciplinary hearing set for Sept 12.

On Sept. 12, Douglass declined to change the date of the hearing.

Counter-Allegation 

Gesell said in his July 12 statement that “I strongly believed it [Dever’s claim] framed a false narrative and was grossly misleading at best.” 

“I received no other communication on this matter until a PD employee noticed it on the council agenda the day of the scheduled executive session on May 9,” Gesell continued. “I was reluctant to believe this to be true as I was under the impression we were already moving into conciliation and I received no other communication on the matter from the interim city manager or city attorney. I checked the city’s website and confirmed what I was being told.” 

“On May 11, Mr. Rodriguez served me with a notice that I was being placed on administrative leave without any details regarding the premise of the action or what any current or future administrative investigation would involve. This was highly unusual and against protocol. 

“I was left to speculate for nearly five weeks before a notice of investigation arrived at my house via FedEx with no signature required. This is also against protocol and highly unusual. Being out of town at the time, my wife read the allegations to me over the phone. I would later read the document myself approximately one week later … There was no direction to sign, acknowledge or return the document. I am unclear as to why I was not contacted to meet with a city official and properly sign and acknowledge receipt of the notice even at the late date.” 

Recalling his interaction with Rodriguez after the council meeting, Gesell stated, “He [Rodriguez] then paused and responded, ‘Let me give it some thought.’ I replied, ‘You don’t need to give it some thought, you know what the reason was.’ He paused for a few seconds, then responded, “We didn’t want you to influence the council to go in a direction we didn’t want them to go.’ I was surprised at the reason given and the confident tone used, as if surreptitiously guiding an elected body in a certain direction was a legitimate rationale. I then asked him, ‘Whose reputation do you think is on the line?’ I told Mr. Rodriguez how disrespectful and potentially damaging this was to me, the PD managers involved and the PD as a whole.” 

In an Aug. 25 letter to the interim city attorney, Gesell wrote, “I am not interested in shielding any part of the investigation from the public despite the offers to do so as part of a separation agreement. I told you I wanted ‘bright light on it in the public square.’ I believed it would predictably illuminate the retaliatory and defamatory genesis of the action against me.” 

Notice to Terminate

Hired in January 2016, Gesell was a police officer in Scottsdale for 20 years, served as interim police chief in Atascadero, Calif., and was police chief in San Luis Obispo; he was terminated from the latter position in May 2015 after three years in the post. 

A Sept. 15 press release from the city stated that Cmdr. Chris Dowell will continue as acting police chief while Douglass determines the necessary steps to select Gesell’s replacement. 

City of Cottonwood’s Employee Manual, Section 8

Cottonwood Police Department’s Standards of Conduct