BY CINDY SCHROEDER
The Cincinnati Enquirer
FORT WRIGHT -- Mayor Paul Hiltz announced Police Chief Mark Brown's firing Friday, two months after the chief was suspended without pay for reasons that included shouting at the city administrator and laying a firearm on his desk.
Mayor Hiltz's written ruling came a week after he presided over a three-day administrative hearing for Mr. Brown.
The former police chief said he has no plans to appeal Mr. Hiltz's decision in the courts. Instead, he said that he will seek vindication at the polls through his mayoral campaign.
"I'm taking this to the highest court in the land, the people," Mr. Brown said. He added the support he received from the community during and after his hearing was "terribly gratifying."
"Had I been given my job back, I would have immediately given my notice (as police chief), effective the 31st of December," Mr. Brown said. "I committed to run for mayor, and I intend to stick by that decision."
In his decision, Mr. Hiltz wrote that Fort Wright's three-year police chief violated city policies on abusive and discourteous behavior simply because it was his management style.
"He shouted at and intimidated his supervisor, Marc Bergman," Mr. Hiltz wrote. "This is serious enough to warrant discharge in and of itself.
Mr. Brown, who initially came under fire for the way he handled a sexual harassment complaint that Officer Julie Walker made against other officers, said Mr. Bergman failed to investigate Ms. Walker's claims properly, and tried to cover up for his own failings by seeking Mr. Brown's ouster.
Ms. Walker has federal Equal Employment Opportunity Commission complaints pending against the city, and her lawyer, Steve Wolnitzek, has said she will file a lawsuit by month's end.
In his ruling, Mr. Hiltz said Mr. Brown also posted a sexual harassment policy that contradicted the city's, and that he failed to monitor Officer Walker's field training properly.
Mr. Hiltz wrote that after Chief Brown met with Officer Walker on Feb. 11 to discuss his concerns, he did not receive any follow-up reports on her training until March 19, just two days before she was scheduled to ride solo.
Mr. Brown testified that as soon as he learned the officers handling Ms. Walker's field training had concerns, he asked them to document any deficiencies in writing, and to meet with her to address them. Mr. Brown, 52, filed for Fort Wright mayor Tuesday. He faces Gene Weaver -- a council member and former police chief -- in November. Mr. Weaver, 47, is also the brother-in-law of Mr. Hiltz, who was appointed mayor in June, when Mayor Cindy Pinto -- weary of the city's ongoing legal battles -- resigned.
"First of all, to set the record straight, I feel Marc Bergman has been unjustly vilified, and as far as the chief is concerned, I think the facts speak for themselves," Mrs. Pinto said Friday. "In terms of the outcome of the hearing, and considering the unending pursuit of lawsuits by Steve Wolnitzek, I feel the mayor and Mr. Bergman had no other choice."
During a May 8 confrontation with Mr. Bergman, testimony showed that Mr. Brown shouted at his superior, withdrew his firearm and laid it on Mr. Bergman's desk.
Mr. Bergman testified he was intimidated by the gesture. However, Mr. Brown said he removed his gun and placed it on Mr. Bergman's desk with the barrel pointed away from the city administrator, to avoid scaring Mr. Bergman, who was afraid of guns.
"I have never heard of any policeman coming into their boss's office and taking their gun off," Mr. Hiltz said. "To me, that was highly unusual."
While Mr. Brown filed for mayor against Mr. Hiltz' brother-in-law, the mayor said that played no role in his decision to fire the police chief.
"Personally, I think Mark Brown's not a bad person," Mr. Hiltz said. "But it seems to me that there are 19 other employees in (Fort Wright) who were wondering, "Do the city policies make a difference, and are we going to evenly and fairly administer the policies of the city?' "
"I wholeheartedly agree with the mayor's decision, after listening to the testimony for three days," Council Member Jim Robke said.
"I think it's an unfortunate situation that these types of things have to happen," Council Member Weaver said. "But I think anyone who sat through the hearing in its entirety would have to know that the mayor could have come to no other conclusion."
Sgt. Dan Kreinest, who has run the police department during Mr. Brown's suspension, is expected to be named interim chief Tuesday.
"I think it's been a very unfortunate situation for the city and for Mark Brown, but we'll move on from here," Mr. Hiltz said. "From my point of view, it's over."
Findings
Findings in the Decision to Fire Chief Mark Brown:
The chief knowingly violated policies regarding abusive language, shouting and discourteous behavior toward fellow employees and was comfortable with that.
Defense witnesses testified that rough language was part of the police culture, and that city officials held "an ivory tower view" of how a police department should be managed. Mr. Brown testified that he had never been officially reprimanded for his language in 30 years of police work.
The chief testified he shouted at City Administrator Marc Bergman and pounded on his desk. Mr. Brown also testified he removed a firearm and placed it on the city administrator's desk, initially refusing to remove it.
Mr. Brown denied being out of control, but said he later apologized for his behavior, after he was asked to do so by former Mayor Cindy Pinto. Mr. Brown testified he removed his firearm and placed it on Mr. Bergman's desk with the barrel pointing away from the city administrator to avoid intimidating his boss.
Chief Brown testified that at times he could not be honest, was comfortable with that, and would be comfortable with that in the future.
The chief testified that there are times when a boss cannot be truthful with his subordinates.
