Saturday, January 30, 1999
Embattled chief mulls departure
Buelterman: Right settlement required
BY KRISTINA GOETZ
The Cincinnati Enquirer
FLORENCE — Embattled Police Chief Paul Buelterman, who was adamant about keeping his job, is now considering the possibility of leaving.
The chief had said he would not resign as a matter of principle.
Mr. Buelterman said he made a deal with his wife, Linda.
“I told her, "I don't want to leave. But if they come up with a dollar figure that you'll be happy with, I'll leave,'” he said.
Chief Buelterman said he had planned to stay with the department for at least five years, at which time he would have been vested in his pension. The settlement would have to equal his financial loss, he said.
Mayor Diane Ewing Whalen asked the chief to resign this month because of morale problems in the department. At least nine officers have retired since July 1996.
The mayor said she has heard complaints that the chief doesn't listen, that he doesn't trust his officers' judgment and that he doesn't use them to do what they're trained for.
The mayor has since gained unanimous support from the Florence City Council and the local Fraternal Order of Police in seeking Chief Buelterman's resignation.
Joe Condit, the chief's attorney, said city officials and Chief Buelterman are not in negotiations and the city has not made any financial offer.
Attorneys for both sides have been talking about a way to resolve the issue.
Chief Buelterman, who has held the job since 1995, said the city has given him no reason why he should resign.
“I can't make an assumption that it's a political removal, but eventually the facts will come out, I guess,” he said. “That's what I'm waiting for. ... If it's not a removal for cause, I don't know what's left except a political removal.”
By law, Chief Buelterman cannot be removed without cause.
According to a Kentucky statute, no member of the police department in a second- or third-class city can be dismissed for any reason except inefficiency, misconduct, insubordination or violation of law.
This law was passed in 1990 to prevent political removal of police officers.
If city officials find that the chief has been insufficient, they will have to bring charges against him and he could then appeal to circuit court.
But there are problems with that type of charge, Florence City Attorney Hugh Skees said.
“It's undefined except in one case,” he said. “That was a case of a fireman in a third-class city.”
In Blair vs. City of Winchester, insufficient was defined as physically unable.
“We know insufficient means physically unable to perform a job,” Mr. Skees said. “Obviously it also means something else, but that becomes immensely subjective.”
“If we were going to proceed with our best guess at a definition, and we were wrong, and it took three years for the courts to decide, he would be rehired and he would receive back pay. This would be an extremely expensive proposition for the city.”
Mr. Condit says lack of evidence to prove Chief Buelterman is insufficient is why he has such a good case.
“As far as proving that a department head is insufficient, you'd have to have data,” he said. “There have to be evaluations showing that he was to correct something and he hasn't.
“I think the best thing for Flor ence is that Paul stay.
Being chief is not a popularity contest.”
Chief Buelterman said it could set a dangerous precedent if he resigned.
A chief should be able to make decisions about his department without every officer agreeing.
“If a chief makes those decisions and people are unhappy and they can go to the mayor and say, "Morale is bad, and we don't like him,' then no chief can do his job. I think that understanding needs to get to council.”
Mayor Whalen said she recognizes there is pressure on officials to resolve the problem.
“We could go through this process fast or we can go a little slower and make sure that we follow the letter of the law and have a case that would not crumble during appeal,” she said.
“The only thing worse for the department than having the chief stay would be to hurriedly move forward and have him reinstated through the appeal process.”
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