Friday, April 16, 1999
FOP head wants city manager's decision investigated
Two officers in fatal shooting still doing desk duty
BY TANYA BRICKING
The Cincinnati Enquirer
Cincinnati's Fraternal Order of Police is calling for an official investigation into the city manger's conduct in putting police officers on desk duty.
Angry that City Manager John Shirey has taken two officers involved in a fatal shooting off the streets, FOP President Keith Fangman is asking city council to investigate the city manager's decision.
Mr. Shirey ordered the officers — Brent McCurley and Michael B. Miller II — on desk duty last week until the investigation into the shooting of Michael Carpenter is complete. That's a change from policy, which allows officers to return to street duty after a three-day stress leave and meeting with a psychologist.
The decision prompted a verbal battle between Officer Fangman and Mr. Shirey. Officer Fangman called it a punishment and Mr. Shirey insisted desk duty is not a punitive measure.
On Thursday, Officer Fangman dug up a videotape showing Mr. Shirey in a 1997 WCIN interview, in which the city manager was a guest on the radio station's call-in talk show.
A caller asked about discipline regarding Officer Douglas Depodesta, involved in the fatal shooting of Lorenzo Collins, a mental patient who ran at officers with a brick. At the time, Officer Depodesta, who was cleared of wrongdoing, was on desk duty.
“I can assure you that this officer does not view desk duty as vindication,” Mr. Shirey told the caller. “He knows it's punishment. He'd rather be on the street. There's no officer that thinks a desk job is a better job than being on the street.”
Officer Fangman says the tape is evidence that the city manager is sending a mixed message about whether desk duty is punishment. He said that's why the FOP is asking council members to investigate.
Gina Ruffin Moore, the city manger's spokeswoman, said Mr. Shirey has not had time to review the interview tape. She said it appeared to be the FOP's attempt at a word game.
Councilman Charlie Winburn said there appear to be inconsistencies in Mr. Shirey's handling of the officers. Mr. Winburn said there should be a clear, uniform policy that deals specifically with when an officer returns to his or her normal duties after a shooting.
Council members cannot ask Mr. Shirey to reinstate the officers into their old posts without violating the city charter, Mr. Winburn said, but council can ask for an explanation.
Councilman Phil Heimlich said he will need to talk with Mr. Shirey and Mr. Fangman first before deciding on whether there should be an investigation. “The question is whether policy was followed,” Mr. Heimlich said.
Some Others in City Hall criticized Officer Fangman's warning to police that they should be cautious before putting themselves in potentially dangerous situations.
Reporters Anne Michaud and Phillip Pina contributed to this story.
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