Sunday, July 21, 2002

Department manual sets suspension policy




By Jane Prendergast, jprendergast@enquirer.com
The Cincinnati Enquirer

        The Cincinnati Police Department's Manual of Rules and Regulations and Disciplinary Process begins with its discipline philosophy, including that “the public trust is formed when the community entrusts the police department to provide service and protection, law and order.”

        The effectiveness of the system, it says, depends upon the manager's ability to balance the triads of “expectation, fairness and consistency” with “public trust, police agency and police employee.”

        It allows for temporary relief from duty if the officer is unfit for duty or because of alleged misconduct. In either case, the policy allows the officer to be “relieved of his official identification and department firearm,” as Lt. Col. Ron Twitty was July 12.

        If the suspension is for five days or less, the policy says, the equipment need not be surrendered, but the employee is to be admonished that his or her police powers are suspended and the use of any police equipment is prohibited. If the suspension lasts more than five days, the officer is immediately relieved of his or her gun, badge, ID card and ammunition.

        Section 13.01 allows for the officer to be dismissed when proven guilty of, among other things, incompetence, inefficiency, dishonesty, substance abuse, insubordination, immoral conduct, neglect of duty or failure of good behavior.

        These five officers are currently on suspension, pending the outcome of investigations:

        • Officers Robert Kidd and Robert Johnson, who answer phones at the District 1 front desk as they await the results of the internal investigation into allegations that they picked up a woman at a bar while on duty, took her to her house and had sex with her. They were initially assigned to desk duty but not stripped of their police powers, but Chief Tom Streicher changed that after learning more about the allegations. They now answer phones without their badges and guns. The internal investigation is pending, but a conclusion has been promised soon.

        • Spec. Mike Mercer and Officer Robert Littman lost their police powers in April after a convicted drug dealer who was not arrested or charged said they took him to Mount Airy Forest and left him there. Spec. Mercer was reassigned to the telephone crime reporting unit, Officer Litman to the impound lot, both common spots for officers to wait out the results of internal investigations.

        • Officer Victor Spellen, relieved of his police powers after his descriptions differed about the way Officer Robert “Blaine” Jorg said he held suspect Roger Owensby Jr.'s head during the November 2000 arrest that left Mr. Owensby dead. He admitted to supervisors he had lied initially to protect Officer Jorg, who was his training officer.

        • Officer Joshua Phillips was returned to duty last month after the Hamilton County Prosecutor's Office ruled that his off-duty pursuit was not a criminal act. He lost his police powers in April after getting involved in a pursuit in his personal vehicle and allegedly running into the suspect with his truck. He was transferred to another district when he went back on patrol and remains under internal investigation. The suspect is suing the city, alleging his rights were violated.

       



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