San Juan Island Emergency Management Services Chief Jerry Martin filed a report July 5, 2018 with San Juan County Sheriff's Office alleging Dr. Michael Sullivan had recorded a private conversation without Martin's knowledge.
A deputy spoke to both men and determined there was insufficient evidence to move forward.
Chief Martin said in a phone interview on July 17, that he was still determining if and how to proceed.
The reports are posted in full:
The deputy's report stated:
On July 5, 2018 Chief jerry Martin was accusing Dr. Michael Sullivan of recording conversation between them without Jerry's permission.
Chief Martin stated in a meeting on June 11 Dr. Sullivan stated he has it on recording. Chief Martin said from that statement he believes Dr. Sullivan has a recording of a conversation prior to this meeting.
I spoke to Dr. Sullivan and he denied he recorded any conversation prior to that meeting. He informed me his statement about "have it recorded" means he has notes written down, not a physical recording.
On July 6, 2018 Chief Martin provided me with an audio of the meeting and he said, "I go it on tape."
I contacted Dr. Sullivan and asked him again if he had recorded a conversation between him and Chief Martin. Dr. Sullivan said no and offered for me to check the recordings on his phone. I declined.
I contacted Chief Martin I could not take this any further with the minimal evidence I have at this time.
Chief Martin's statement:
Date June 11, 2018
Time: 12 noon
Jerry Martin Chief of EMS
Pam Hutchins, San Juan Public Hospital #1 District Superintendent
Weyshawn Koons, Senior Paramedic
Rebecca Smith, San Juan Public Hospital #1 District Commissioner
Warren Appleton, San Juan Public Hospital #1 District Commissioner
Michael Sullivan, Physician Peace Island Medical Center and San Juan County MPD
This complaint references RCW 9.73.030
On or about April 30, 2018 Michael Sullivan audio recorded on or private conversation without my consent or knowledge.
I have contacted San Juan Island EMS's legal counsel Richard Davis of Chmelik, Sitkin and Davis. He instructed me to report this incident to the Sheriff's Office and the Sheriff's Office will deliver this complaint to the San Juan County Prosecutor for action.
Meeting took place at the San Juan Public Hospital #1 District Administrative Office, 849 Spring Street Unit B-5. The meeting started at 12 pm. at the beginning of the meeting Michael Sullivan announced that he was going audio record this meeting. A discussion took place regarding Michael Sullivan recording this meeting and I resisted the audio recording because of a HIPAA conversation that will take place. Michael Sullivan insisted that this meeting be recorded and that we could not discuss HIPAA sensitive issues at this meeting.
After a few minutes, it was mutually agreed that we allow audio recording to continue. Pam Hutchins went to her office and returned with the District's recorder and also recorded this meeting. Therefore, there are two audio recording of this meeting and the attendees of this meeting heard the acknowledgement of Michael Sullivan stating he recorded a meeting with him and myself exist.
At approximately 12:40 pm, Michael Sullivan stated, "I got it on tape". I asked to hear it and he said "no". I asked to hear it again and Michael Sullivan said, "No, that I am recording right now." A copy of this audio is available.
The only consent of being recorded that I have given Michael Sullivan was the June 11, 2018 12 noon meeting. No prior conversation being electronic or personal have I given consent to have audio or video recorded.
Dr. Michael Sullivan Statement:
From Michael Sullivan
Sent: Saturday, July 7, 2018
To: Doug Maya (San Juan County Deputy)
Subject: Your inquiry into unauthorized recording
As I stated to you in our recent conversation, I did not ever record Jerry Martin without his permission. The only recording I have made was during a group meeting on June 11 where I started the recording and announced to thos present that I would be recording the meeting. Someone else also recorded the meeting.