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Sunday, October 21, 2001

Same punishments, very different cases




By Robert Anglen and Dan Horn
The Cincinnati Enquirer

        Cincinnati police officers often receive the same punishment for a wide range of misconduct. An appeals process allows officers to fight disciplinary actions, and in more than half of cases where officers appeal, their penalties are reduced or reversed. The Enquirer made repeated attempts to contact each of these officers for this story. Those who were reached declined comment. The descriptions of the following cases come from police discipline records.

       These officers all received written reprimands, among the most minor forms of discipline.

       Grooming

        January 1999: Officer Scott Beasley receives a written reprimand for failing to keep his beard evenly trimmed. A supervisor says, “You attended roll call with your beard cut in a fashionable style.” The officer did not appeal the reprimand.

       Public intoxication

        April 1998: Sgt. Lori Vanover is arrested at the Argosy Casino in Lawrenceburg for public intoxication and criminal recklessness, police say. She makes a diversion agreement with Indiana prosecutors, similar to probation, to avoid prosecution. Her police supervisor issues her a 16-hour suspension. The sergeant appeals, and a peer review panel reduces the discipline to a written reprimand.
FIGHTING DISCIPLINE
    Since 1997, Cincinnati police supervisors have suspended or fired 166 officers for misconduct. Of those, 67 officers fought their punishments through an appeals process. The disciplines fall into two categories:
    • Suspensions of three days or less, which are challenged through an internal peer-review process: These typically involve the least serious offenses, such as missed court dates, minor traffic accidents and not following procedures.
    • Suspensions of more than three days, which are challenged through arbitration and the city's law department: These typically involve more serious offenses, such as excessive force, drinking on duty and dereliction of duty.
Three days or less
   Finding: 14 percent of disciplines were reduced.
   Of 98 total disciplines:
   • 14 were reduced, reversed or settled on appeal.
   • 12 were upheld on appeal.
   • 71 were unchallenged.
   • 1 outcome is unknown.
More than three days
   Finding:
37 percent of disciplines were reduced.
   Of 68 total disciplines:
   • 25 were reduced, reversed or settled on appeal.
   • 16 were upheld on appeal.
   • 17 were unchallenged.
   • 8 outcomes are unknown.
   • 2 were dropped as a result of criminal conviction.
   Note: The Enquirer only examined suspensions and terminations. Police officials have issued hundreds of written reprimands and other types of written and verbal discipline since 1997.
   
Source: Police discipline records, city personnel records, city arbitration records and the city solicitor's office.
       Use of force

        September 1996: Officer Charles Hains fails to check Barry Headley for injuries after throwing him to the ground, even though he knows the suspect struck his head on a wrought iron fence. Police say that on the way to the Hamilton County Justice Center, the officer stops the car and opens the rear door to mace Mr. Headley. The officer is disciplined for failing to notify a supervisor about the use of force and for improper procedure. He is suspended for eight hours vacation time. He appeals, and a peer review panel reduces the discipline to a written reprimand.

       These officers received eight-hour suspensions

       • Missing court

        Since 1997: 55 officers have been suspended in the past five years for missing scheduled court appearances to testify about traffic citations they issued, arrests they made and other legal issues. For the fourth offense in one year, officers are given an eight-hour suspension. The eight-hour suspensions are almost never appealed.

       • Conduct “unbecoming”

        January 1999: Officer Reginald Staples is disciplined for working off-duty shifts at Walgreen's and the public library on three days after calling in sick for his regular shifts on those same days. He receives a 24-hour suspension. He appeals, and a peer review panel reduces the discipline to an eight-hour suspension.

       • Mishandled arrest

        October 1998: Officer Thomas Rackley fails to inspect his police cruiser and, according to police, fails to find a .25-caliber handgun that a suspect dropped in the back seat. He leaves a prisoner alone and unattended in his cruiser. He also fails to report his change of location and mileage after transporting a prisoner. He receives a 24-hour suspension. He appeals, and a peer review panel reduces the discipline to an eight-hour suspension.

       Cases settled by the city's law department



        • Domestic violence

        October 1997: Officer Matthew Woodard is fired after admitting that he hit and threatened his pregnant wife. Police say that in a letter to his wife, he described six incidents of violence that occurred in 1993 and 1994. In 1997, the officer is accused of pointing a gun at his wife during a domestic dispute, and on another occasion striking her and causing her to step into the street during rush hour.

        Police investigators say the officer refuses to answer questions and tells them they have no right to question him about things that happened off-duty. He files for arbitration. The city's law department settles the case. He is allowed to resign with no negative marks in his personnel file, and he is given one month's pay as a severance package.

       • Car chase gone bad

        July 1997: Officer Mark Yontz pursues a vehicle at high speed into Kentucky. Police say this happens after supervisors order him to stop the chase. When the suspect's vehicle crashes, the officer fails to render aid or assist in the investigation. He does not immediately tell supervisors about the crash. His report of the incident differs from those of other officers involved in the pursuit. He is fired based on the city's finding of ethical violations and dishonesty. Officer Yontz files for arbitration. The city's law department settles the case. He is reinstated and his time off the job is considered a suspension.

       • Contributing to the delinquency

        April 1997: Officer Darius Brannon is accused of taking a 19-year-old woman to a Covington restaurant and buying her an alcoholic drink. On another occasion, police say, he used his police cruiser to give the same woman a ride to a Taco Bell, where she works. He fails to notify police dispatchers of the transport. The officer is suspended for 40 hours. He files for arbitration. The city's law department settles the case. The suspension is reduced to 30 hours.

       • Pay for shifts not worked

        June 1998: Officer Mark Sneed is paid for several off-duty shifts that police officials say he never worked. Police cite several instances where Officer Sneed was paid by the division for court appearances while he was working off-duty. Most of the cases involve time overlaps of several minutes, not entire shifts. The officer is suspended for 30 working days. He files for arbitration. The city's law department settles the case. The 240-hour suspension is reduced to 24 hours.
       



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