Friday, July 09, 1999
Chief pleads guilty, resigns, but may keep job
BY DAN HORN
The Cincinnati Enquirer
Lockland Police Chief Ken Johnson signed a letter of resignation Thursday after a judge found him guilty of falsifying two overtime records. But he could be back on the job as early as todayif Village Council refuses to accept the letter.
“That's what I expect them to do,” Mayor Jim Brown said. “We want him back.”
He said the guilty verdict on misdemeanor charges proves that the case against Mr. Johnson was an administrative matter that never should have gone to trial.
Before making a deal with prosecutors, Mr. Johnson faced up to four years in jail on char ges of theft in office and tampering with records.
He was accused of stealing money from a program that allowed Lockland officers to collect overtime pay as long as they wrote a certain number of traffic tickets.
The quota system described by prosecutors allowed officers to work up to 24 hours of overtime every month if they averaged one ticket an hour during that period.
City officials have said the program required only a “traffic contact,” such as a safety stop or warning. But prosecutors said there was a direct link between overtime hours and tickets.
Prosecutors said Mr. Johnson submitted false records on two occasions that allowed him to collect 11 overtime hours.
His attorney, William Whalen, said his client may have kept sloppy records but did not intentionally mislead anyone.
Mr. Johnson's trial was about to enter its third day when attorneys on both sides began discussing a deal. Within an hour, Mr. Johnson told Judge Fred Cartolano that he would waive a jury trial and allow the judge to decide his fate.
The judge found him guilty of two misdemeanor charges of falsification and acquitted him of two theft in office charges. Mr. Johnson received no jail time, no probation and no fine.
“I'm sorry the records were incorrect,” Mr. Johnson told the judge.
The judge told him that the problem lies as much with the city's ticket quota system as it does with Mr. Johnson.
“I find it hard to believe people are stopped for alleged traffic citations to allow police to get overtime,” Judge Cartolano said. “Something seems to be wrong here.”
Mr. Whalen said his client never disputed that the records were wrong.
He said he expects Village Council, which recently voted 6-0 for a resolution supporting Mr. Johnson, to refuse to accept his letter of resignation.
Despite the small amount of money involved — $297 — Prosecutor Mike Allen said it was important for his office to pursue the case in court.
“Regardless of the amount, this kind of conduct by a public official will not be tolerated,” he said.
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