August 14, 2004: Chief Kenneth Jon Norton, Colon Village Police Department
Colon chief chargedThursday
July 07, 2005
By Lynn Turnerlturner@... 388-8564
Kalamazoo Gazette, MI
http://www.mlive.com/news/kzgazette/index.ssf?/base/news-0/1120760449107870.xml
COLON -- Village Police Chief Kenneth Jon Norton was arraigned Wednesday on a charge of fourth-degree criminal sexual conduct and accused of inappropriately touching a female.
Investigators from the Michigan State Police began looking into the case when the alleged victim, a 33-year-old Colon woman who is an acquaintance of Norton, 60, came forward in August, Detective Sgt. Mike Spring said.
Spring said the charge against Norton stems from a single incident that is alleged to have occurred Aug. 14 in the village of Colon. He declined to give a specific location within the village or provide other details.
Norton's preliminary examination is scheduled for July 21. St. Joseph County Prosecutor Douglas Fisher disqualified himself from the case, and it was handed over to Calhoun County in December, Calhoun County Prosecutor John Hallacy said.
Typically, a county prosecutor will disqualify his office from pursuing a case against a law enforcement officer in his jurisdiction and ask for another county's assistance.
Colon Village Council member Rita Spearow said she hadn't heard anything about the matter until contacted by a Kalamazoo Gazette reporter.
"The last time I talked to him (Norton), he worked the fourth (July 4) and then he was supposed to go on vacation," she said.
"I've never heard anything against him. Yeah, there are some people who are against him because he got after them for doing something they shouldn't have. Personally, I have no complaints. He's been super."
Spearow said she wasn't sure, but estimated that Norton had been police chief of the village for at least 10 years.
The Gazette was unable to reach Village Council President Anthony Wolowicz.
If convicted of the misdemeanor, Norton could face up to two years in prison and a fine of $500.
Fourth-degree criminal sexual conduct is defined as sexual contact and force or coercion or victim incapacity or being a Department of Corrections worker whose victim is an inmate.
Colon police chief will face trial for sex charges
WWMT, MI
Jul 22, 2005July 22, 2005 - 4:51PM
http://www.wwmt.com/engine.pl?station=wwmt&id=18119&template=breakout_local.html
July 22, 2005 - 4:51PM (NEWS 3) – Colon Police Chief Kenneth Norton is headed to trial after waving his preliminary hearing on criminal sexual conduct charges.
Michigan State Police investigated a complaint against Norton. He's accused of inappropriately touching woman while he was on duty.
The trial date has not been set. Norton faces up to two years in prison if he's found guilty.
Chief waives hearing
Colon's top officer to appear Aug. 22 in criminal sexual conduct case
July 22, 2005
South Bend Tribune
By KATHY JESSUP
http://66.102.7.104/search?q=cache:b_HIx9lJG00J:www.southbendtribune.com/stories/2005/07/22/local.20050722-sbt-MICH-B1-Chief_waives_hearing.sto+police+chief+norton+colon&hl=en
CENTREVILLE -- Colon Police Chief Kenneth Norton, who is facing criminal sexual conduct charges, waived his preliminary examination that had been scheduled for this week and has been bound over to St. Joseph County Circuit Court for an Aug. 22 arraignment.
Meanwhile, Colon village attorney David C. Tomlinson said he's examining the case to determine whether the village should make any change in Norton's work status.
Tomlinson said he was not prepared to comment yet on whether the Colon Village Council might consider suspending Norton while he faces charges that he fondled a Colon woman's breast while he was on duty in the village.
According to St. Joseph County District Court officials, a pre-examination conference earlier this week resulted in Norton waiving the preliminary examination.
Norton was bound over for an Aug. 22 arraignment and remains free on a $2,500 personal recognizance bond.
The Calhoun County Assistant Prosecutor Deirdre Ford is handling the case after St. Joseph County Prosecutor Douglas Fisher asked the Michigan Attorney General's Office to reassign it because of the law enforcement relationship between county prosecutors and the longtime local officer.
Case investigation was handed off to the Michigan State Police at Paw Paw after the White Pigeon Post cited a similar conflict.
In an affidavit of probable cause filed by Michigan State Police Detective Sgt. Michael Spring, Norton admitted to partially exposing a Colon woman's breast Aug. 14, 2004, saying he thought the woman was a willing participant.
But the affidavit says Norton denied the 33-year-old woman's allegations that he then put his hand down the inside of her shirt and fondled her.
The woman alleges Norton came to her apartment while he was on duty, but the affidavit does not indicate the reason for Norton's visit.
"(The woman) stated she did not know what to do because Norton was working and in full uniform," Spring said in his June 21 affidavit.
Norton earlier entered plea of not guilty to a charge of fourth-degree criminal sexual conduct involving inappropriate touching involving force or coercion.
The charge carries possible penalties of up to two years imprisonment and up to a $500 fine.
More charges for chief
Additional allegations made; Norton pleads not-guilty
Sturgis Journal, MI
Aug 5, 2005
By Kathy Jessup Journal correspondent
http://www.sturgisjournal.com/main.asp?SectionID=2&SubSectionID=65&ArticleID=19158&TM=37157.95
CENTREVILLE — Colon Police Chief Kenneth Norton entered a not-guilty plea this week in a case of criminal sexual conduct allegations.
Norton is charged for accusations that he fondled a Colon woman’s breast in August 2004 while he was on duty.
But a Calhoun County prosecutor has added two more charges. If Norton were convicted of those charges, it could result in mandatory jail time and a loss of his police certification.
Meanwhile, a Michigan State Police investigator said Thursday “other people” have come forward with claims that they experienced similar sexual abuse by Norton.
“We have some old instances that are similar, but at this point nothing is chargeable,” said Michigan State Police Detective Sgt. Michael Spring of the Paw Paw Post. “The other residents said they have had contact with him, but they’re too long ago to pursue. They would testify if this comes to trial.”
Spring declined to elaborate on the identity of others who made claims or what they have told police.
According to Anthony Wolowicz, Colon village president, and J. Richard Colbeck, Norton’s Coldwater attorney, Norton has been “on vacation” since early July, when the charges first became public.
Norton has been unable to be reached for comment. Colon village attorney David C. Tomlinson has continued to say the situation is under study and that the Colon Village Council currently has no meeting scheduled to consider any change in Norton’s employment status.
Calhoun County assistant prosecutor Deirdre Ford was named special prosecutor in the case after St. Joseph County prosecutors disqualified themselves, citing previous law enforcement relationship with the defendant. Ford initially charged Norton with fourth-degree criminal sexual conduct, which includes inappropriate touching with force or coercion.
A St. Joseph County Circuit Court official said the charges were recently amended to add a more serious count of criminal sexual conduct, second-degree, in which a weapon was used, along with a felony firearm charge.
A police affidavit indicated Norton, a Colon resident, was in uniform when he came to a33-year-old woman’s apartment. According to the affidavit, he allegedly made comments about her breast, pulled on her shirt to expose part of her breast, then put his hand down her shirt and fondled her.
The police affidavit says Norton admitted to moving the woman’s shirt to expose part of her breast, stating that he thought the woman was “willing” to allow that. He denied having fondled her.
The report does not indicate a firearm was drawn or threatened. The woman told police “she did not know what to do because Norton was working and in full uniform.”
Fourth-degree criminal sexual conduct carries a maximum penalty of up to two years. Second-degree CSC is a 15-year felony, and a felony firearm charge carries a mandatory two-year minimum incarceration, Spring said.
According to Spring, the alleged victim made a complaint shortly after the August 14, 2004, incident. But he said charges did not come until 11 months later due to a “long delay in getting a special prosecutor.”
Norton has been free on a $2,500 bond and ordered to have no contact with the complainant.
Calhoun County Prosecutor John Hallacy declined to comment Thursday about whether the additional charges were brought to pressure Norton to plead guilty to the original, lesser charge.
“We added those charges based on the facts and the circumstances of the case,” Hallacy said.
Colbeck said Thursday he does “not see this going to trial.”
Norton, a former St. Joseph County Sheriff’s deputy, has been Colon’s police chief for more than a decade.
Facing sex charges, police chief quits
Wednesday, August 17, 2005
rhall@... 388-7784
The Kalamazoo Gazette
http://www.mlive.com/news/kzgazette/index.ssf?/base/news-0/1124292047303350.xml&coll=7
Colon Police Chief Kenneth Norton resigned Tuesday, six weeks after he was charged with fourth-degree criminal sexual conduct involving the inappropriate touching of a woman.
Additional charges of felony firearm and second-degree criminal sexual conduct in which a weapon was used also recently were filed against Norton in the case.
Colon village officials accepted Norton's written letter of resignation at a special meeting Tuesday night, Village Council President Anthony Wolowicz said.
Wolowicz said council members were told of Norton's resignation request during a closed session. The council reconvened in public and Wolowicz announced the chief's resignation, he said.
Norton, 60, had been on vacation since early July when the fourth-degree criminal sexual conduct charge against him became public. A police affidavit said Norton, a Colon resident, was in uniform when he came to a 33-year-old woman's apartment, made comments about her breast, pulled on her shirt to expose part of her breast, then put his hand down her shirt and fondled her.
The affidavit says Norton admitted to moving the woman's shirt to expose part of her breast, stating that he thought the woman was willing to allow that. He denied he fondled her.
The woman made a complaint with authorities shortly after the Aug. 14, 2004, incident, according to Michigan State Police investigators. A special prosecutor from Calhoun County was assigned to the case.
Fourth-degree criminal sexual conduct carries a maximum penalty of up to two years in prison, second-degree criminal sexual conduct is a 15-year felony and felony firearm carries a mandatory two-year minimum sentence.
Wolowicz said village officials will discuss filling Norton's position at its next regular meeting Sept. 13.
Chief resigns ‘with regrets’
8/17/2005
By Amanda VanAuker
Sturgis Journal, MI
http://www.sturgisjournal.com/main.asp?SectionID=2&SubSectionID=65&ArticleID=19240&TM=78334.33
COLON — Colon Police Department Chief Ken Norton submitted his resignation “with regrets” to the Colon Village Council Tuesday night after a special meeting to discuss the matter.
After going into closed session with Norton and his attorney, J. Richard Colbeck of Coldwater, the board reconvened to approve a motion to accept Norton’s resignation.
They also agreed to pay Norton a portion of his accumulated sick time, totaling more than $5,000.
The village chief of many years has been charged in St. Joseph County with fourth-degree criminal sexual conduct, second-degree criminal sexual conduct and a felony firearms charge. He entered a not-guilty plea to all charges earlier this month in Calhoun County.
The charges stem from accusations that Norton inappropriately touched a Colon woman in August 2004 at her apartment while he was on duty.
The council members would not say who would replace Norton, only that they would discuss the matter at their next board meeting Sept. 13.
Ex-chief to receive back pay
Thursday, August 18, 2005
rhall@... 388-7784
The Kalamazoo Gazette
http://www.mlive.com/news/kzgazette/index.ssf?/base/news-0/1124378483261560.xml&coll=7
Former Colon Police Chief Kenneth Norton will receive about $4,800 in back sick pay following his resignation Tuesday, Village Council President Anthony Wolowicz said.
Council members voted unanimously to give Norton the lump sum as he departs the post he's held for a decade. The figure amounts to about half of the sick pay Norton had accumulated before his departure, Wolowicz said.
Norton's resignation came six weeks after he was charged with fourth-degree criminal sexual conduct accusing him of inappropriately touching a woman.
Additional charges of felony firearm and second-degree criminal sexual conduct in which a weapon was used were filed recently against the 60-year-old in the case.
Norton had been on vacation since early July.
A police affidavit said Norton, a Colon resident, was in uniform when he came to a 33-year-old woman's apartment, made comments about her breast, pulled on her shirt to expose part of her breast, then put his hand down her shirt and fondled her.
The affidavit says Norton admitted to moving the woman's shirt to expose part of her breast, stating that he thought the woman was willing to allow that. He denied he fondled her.
The woman made a complaint with authorities shortly after the Aug. 14, 2004, incident, according to Michigan State Police investigators. A special prosecutor from Calhoun County was assigned to the case.
Wolowicz said Sgt. Mark Brinkert has been put in charge of the police department. Officials will discuss filling the chief's position at its Sept. 13 meeting.
Ex-police chief avoids jail time
Due to a plea agreement, the former Colon law enforcer will lose his certification.By KATHY JESSUP
South Bend Tribune
September 05, 2005
http://www.southbendtribune.com/stories/2005/09/05/local.20050905-sbt-MICHBEx_police_chief_avoi.sto
CENTREVILLE -- Former Colon Police Chief Kenneth Norton will lose his law enforcement certification and will be listed on Michigan's sex offender registry, but he's expected to stay out of jail for his guilty plea last week to one charge of fourth-degree criminal sexual conduct.
Calhoun County assistant prosecutor Deirdre A. Ford, acting as special prosecutor in the case, agreed to drop two additional felony charges in exchange for Norton's plea and his participation in a sexual offender treatment program.
Norton, 60, of Colon, was originally charged July 6 with fourth-degree criminal sexual conduct for an Aug. 14, 2004 incident when a Colon woman alleged that Norton exposed part of her breast and then fondled her without her consent. Police reports indicated Norton, then Colon's top law enforcement officer, was in uniform when he came to the woman's home during his work shift.
Ford subsequently amended the complaint to add charges of second-degree CSC in which a weapon was used and a felony firearms violation, both charges that could have brought mandatory jail time.
A Michigan State Police affidavit said Norton initially admitted to investigators that he had exposed part of the woman's breast, but he denied touching her. However, last week Norton told St. Joseph Circuit Judge Paul Stutesman that he did touch the woman's breast without her permission during a visit to her residence.
Judge Stutesman set Norton's sentencing for Oct. 7 and agreed to continue his personal recognizance bond.
The fourth-degree CSC charge carries a maximum punishment of up to two years in jail and/or a $500 fine, plus mandatory testing for HIV and sexually-transmitted diseases. It also will require Norton to register his whereabouts on Michigan's Sex Offender Registry.
Defense attorney J. Richard Colbeck, of Coldwater, Mich., told the court Norton already has begun a sex offenders treatment program also required in the plea arrangement negotiated with Ford. Terms of that plea agreement are expected to keep Norton from serving any jail time if he satisfies all other conditions of the deal.
Eliminating the two felony charges will not save the long-time police officer's law enforcement certification, however. Larry Jones, an investigator in the Michigan Commission on Law Enforcement Standards compliance section, said sentencing for any crime that has a penalty of one year or more of jail time forces the permanent revocation of a police officer's certification. Fourth-degree CSC has a maximum jail penalty of two years.
Norton was reported on an extended, planned vacation and made no public comments when the charge was announced in early July. The Colon Village Council took no immediate action to change the longtime chief's employment status. But trustees subsequently met behind closed doors before publicly announcing the chief's resignation in late August.
Norton responded to court questions during last week's brief plea hearing in a quiet, hesitant tone and had no comment when leaving the courtroom. A St. Joseph County Sheriff's Department deputy assigned to courthouse security hugged Norton and offered him words of encouragement before returning to her post.
Ford acknowledged that Norton has strong support in the community and among law enforcement officials.
Former police chief given probation
Saturday, October 8, 2005
Kalamazoo Gazette
kjessup@... 388-8590
http://www.mlive.com/news/kzgazette/index.ssf?/base/news-15/1128766907256390.xml&coll=7
CENTREVILLE -- Former Colon Police Chief Kenneth Norton will escape a jail sentence but must serve three years' probation for fondling a woman while he was on duty.
A Calhoun County special prosecutor credited the willingness of "several other women" to testify about their own alleged, past sexual abuse by Norton at his sentencing Friday on the fourth-degree criminal sexual conduct charge.
Norton, who pleaded guilty to fondling a 33-year-old Colon woman in her residence while he was in uniform and on duty in August 2004, was sentenced to three years' probation, avoiding serving 90 days in jail as long as he complies with the terms of his probation.
The sentence means Norton, who resigned as Colon police chief Aug. 13 following the charges, will lose his law enforcement certification and must register his whereabouts on the Michigan State Police Sexual Offender Registry. He also was ordered to pay fines and costs totaling $2,217.
Calhoun County Assistant Prosecutor Deirdre A. Ford, acting as special prosecutor, confirmed Friday that several other women contacted investigators about Norton after the Colon woman's case became public. She declined to give an exact number but said other alleged victims claimed to have had "similar experiences."
In an interview with the Kalamazoo Gazette, the victim said Ford told her that the case against Norton became stronger when additional women agreed to testify if the matter went to trial.
Shortly after the additional women came forward, Ford added two other, more serious charges to the woman's complaint that were later dropped in exchange for Norton's guilty plea.
Ford said she agreed to drop second-degree criminal-sexual conduct and felony firearms charges in exchange for Norton's plea to fourth-degree criminal-sexual conduct to save the victim from having to testify at trial.
It is the Kalamazoo Gazette's policy not to reveal the names of sexual-assault victims unless they agree to be identified. The woman declined, saying she has not disclosed what happened even to some family members.
"I'm satisfied with the sentence for this particular offense," Ford said after the proceeding. "But it's not a sentence for prior incidents."
Defense attorney J. Richard Colbeck, of Coldwater said the former police chief had begun counseling and was "well on the way to recovery."
But Ford cautioned that Norton should be under close scrutiny during his probation.
"This individual needs very, very close monitoring during the course of his probation so as not to have a repeat of this again," Ford told St. Joseph County Circuit Judge Paul Stutesman.
The Colon woman who filed the charges and another woman who made similar allegations against Norton in 1994 were both in the courtroom Friday for the sentencing.
Norton declined an opportunity to speak prior to sentencing. He responded quietly to several questions directed to him during the proceeding and left the courtroom immediately afterward without comment. Colbeck also declined comment.
Friday's sentencing means Norton must forfeit his permit to carry a concealed weapon and relinquish any firearms, including hunting rifles that Colbeck had sought unsuccessfully to allow Norton to retain. Ford said other offenders generally get no exception that allows them to hunt and argued that Norton should be treated no differently.
Norton resigned from his $60,000-a-year police chief's post Aug. 13 after the charges were filed. Prior to his 10 years as Colon's chief he was a St. Joseph County Sheriff's Department deputy for 18 years.
County records show he was suspended in July 1994, and then dismissed from the sheriff's department in August 1994, following a sexual-misconduct allegation. But a Kalamazoo County special prosecutor reviewed that case and did not issue criminal charges.
In November 1995, St. Joseph County paid Norton $5,000 to settle the grievance he had filed to get his job back and allowed him to resign.
Norton was hired as Colon's chief April 15, 1995.
In defense comments before sentencing Friday, Colbeck said publicity surrounding Norton's charges had become "a media event and beyond" and suggested that he could easily have presented "well over 100 witnesses to talk about the good (Norton) has done."
Colbeck called the incident "unfortunate, illegal and improper" and said Norton has voluntarily begun counseling and "deeply regrets" the offense.
"My client is well on the way to recovery and he offers his apologies to the victim," Colbeck said.
Ford called Norton's admission that he moved the woman's shirt to expose part of her breast and then reached inside her shirt to fondle her "particularly egregious," because he was on duty as a police officer and Colon's police chief at the time of the incident.
Saturday, August 14, 2004
Thursday, August 12, 2004
08122004 - Officer Christopher Kennedy - Probation violation - Detroit PD
ALSO SEE:
DETROIT POLICE OFFICER CHRISTOPHER KENNEDY: AGGRAVATED ASSAULT. JUNE 26, 2004.
BOARD OF POLICE COMMISSIONERS
Minutes of the Regular Board of Police Commissioners Meeting
Thursday, August 19, 2004
The regular meeting of the Detroit Board of Police Commissioners was held on Thursday, August 19, 2004, at 3:00 p.m., at Police Headquarters, 1300 Beaubien – Rm. 328-A, Detroit, Michigan 48226
4. SECRETARY’S REPORT – EXECUTIVE DIRECTOR GOSS
SUSPENSIONS
On August, 19, 2004, Police Officer Christopher Kennedy, badge 3666, assigned to the Sixth Precinct, was suspended without pay by Chief Ella M. Bully-Cummings.
On August 19, 2004, the Professional Accountability Bureau, Internal Affairs Section was notified of an allegation of misconduct on the part of Officer Christopher Kennedy. More specifically, the allegation concerned Officer Kennedy’s sentence to serve 93 days in the Wayne County Jail for violation of probation.
As a result, the Internal Affairs Section initiated an investigation, which revealed the following:
On June 26, 2004, at approximately 8:00 p.m., Officer Kennedy was at his girlfriend’s (hereinafter victim) home, located within the city of Detroit. As that time, a verbal argument ensued. During the course of the verbal argument, Officer Kennedy grabbed the victim by her arms and forced her into his vehicle whereupon he drove in and around the victim’s neighborhood, eventually making his way to the Detroit Metropolitan Airport (hereinafter Metro Airport).
During the course of travel, Officer Kennedy repeatedly struck the victim in the throat area, the leg area, and with his elbow struck the victim under her left eye.
Additionally, upon nearing Metro Airport, Officer Kennedy began driving at a high rate of speed, weaving in and out of traffic, and eventually losing control of the vehicle, which spun around on Interstate 94 and came to rest facing eastbound in the westbound lane of travel.
On June 28, 2004, the incident herein described was reported to the Professional Accountability Bureau, Internal Affairs Section. On June 30, 2004, a warrant request was presented to the Wayne County Prosecutor’s Office.
On July 1, 2004, a warrant was issued against Officer Kennedy, charging him with “Aggravated Assault,” contrary to MCL 750.81a. Aggravated Assault is a misdemeanor punishable by one (1) year in jail and/or a fine of $1,000.00.
On July 21, 2004, Officer Kennedy appeared for pre-trail at the Thirty-Sixth District Court, Judge Jimmy Lee Gray, presiding. At that time, Officer Kennedy pled no contest to the aforementioned charge. Accordingly, Judge Gray sentenced Officer Kennedy to one (1) year reporting probation, 26 weeks of battering counseling, fines and costs, and ordered that Officer Kennedy have no contact with the victim.
On August 12, 2004, the victim reported to the Internal Affairs Section to file a complaint against Officer Kennedy. The victim indicated that Officer Kennedy had engaged in repeated and/or continuing contact with her that caused her to feel terrorized, frightened, intimidated, and/or harassed. The contact included death threats.
On that same date, Thirty-Sixth District Court issued a warrant for the arrest of Officer Kennedy for violation of probation. More specifically, the no contact provision. Bond was set in the amount of $15,000.00, cash/surety or 10%.
Also, on August 12, 2004, Officer Kennedy was arrested and conveyed to the Detroit Police Department, Sixth Precinct for processing. He was released after posting a bond.
On August 19, 2004, Officer Kennedy appeared before Judge Marylin E. Atkins, of Thirty-Sixth District Court, for a probation violation hearing. He was found guilty of violating his probation, and sentenced to serve 93 days in the Wayne County Jail.
Based on the above circumstances, it is recommended that Officer Kennedy be charged with, but not limited to the following violation of the Detroit Police Department Rules and Regulations:
CHARGE: CONDUCT UNPROFESSIONAL; CONTRARY TO THE LAW ENFORCEMENT CODE OF ETHICS, THIS BEING IN VIOLATION OF THE DETROIT POLICE DEPARTMENT MANUAL, SERIES 100, DIRECTIVE 102.3-5.7, CONDUCT UNBECOMING AN OFFICER, COMMAND 3.
Unless contravened by this Commission, the above suspension without pay will stand.
Exec. Dir. Goss stated oral arguments will waived for two weeks.
Comm. Holley asked is the only thing recommended for the person is without pay? Would this be subject to dismissal or…?
Exec. Dir. Goss stated that is a discipline matter.
Comm. Holley asked is the discipline handled by Internal Affairs?
Exec. Dir. Goss stated no, it is handled by the Disciplinary Administration Section.
Comm. Holley asked is that something that is handled between the police department and the union? Will it come before us?
Exec. Dir. Goss stated no, unless he appeals the dismissals.
Comm. Holley asked is it possible that all we are doing is basically determining whether or not he/she is getting paid while their on suspension?
Comm. Holley asked is that the only jurisdiction we have?
Exec. Dir. Goss stated yes.
Comm. Holley asked is that all jurisdiction we have?
Exec. Dir. Goss stated for right now.
Comm. Holley asked if the outcome is that the person is recommended that they go back on the police department, does that mean as a Commissioner I don’t have any jurisdiction over that?
Exec. Dir. Goss stated no, not that I know of.
Comm. Holley asked so I have jurisdiction if he appeals, but I have no jurisdiction if I disagree with the outcome of the decision?
(Atty. Hooks entered the conference room.)
Exec. Dir. Goss stated that is correct.
Vice-Chairperson Ramirez stated unless otherwise contravened by the Commission, we could either approve it or…. First of all, the arguments have been postponed for two weeks.
Atty. Hooks asked it two weeks or until next week?
Vice-Chairperson Ramirez stated two weeks.
Comm. Holley asked does that include all three suspensions?
Vice-Chairperson Ramirez stated right.
(Chairperson Blackwell entered the conference room.)
Comm. Holley stated I can decide whether the person should be paid or not while they are going through the process of being found guilty or not guilty, in terms of the discipline, as far as the police department is concerned. However, when the decision is made, then a person is put back on the police department after certain charges and so forth. He asked do I have any jurisdiction over that, unless it is only appealed to me when the officer disagrees.
Atty. Hooks asked when you say that the person will continue or not continue on the payroll, are you saying from this point until the time the arguments are made?
Comm. Holley stated I am really beyond the payroll. I am trying to decide whether a person could continue to be paid or not. However, once the disciplinary action is taken between the police department and the union or whatever they work for this police officer. If I disagree with what they work out,
I don’t have any jurisdiction to say that I think that this person should not be a police officer, if they decide that that person should be a police officer after the action.
Atty. Hooks stated it kind of sounds like there may be a mixing of apples and oranges. Because with a suspension, that is not considered a disciplinary action, that is strictly a…. What they look at, is the underlined conduct that led to the recommendation that is being presenting to you by the Chief. So that’s one thing. After the suspension action has come to you, I guess completion, if you want to put it in that way, that the officer will be charged with conduct unbecoming or so forth and that starts a discipline track.
Comm. Holley stated or he may be vindicated.
Atty. Hooks stated exactly, he may be fully exonerated. Either no charges will be brought or after the disciplinary charges are dropped or he can even….
Comm. Holley asked as a Commissioner and on the organization chart, if I disagree with the final action, I have no jurisdiction as a Commissioner to say that I think that…?
Atty. Hooks stated it will come to you to be finalized only if the action has gone, they have changed it now, it used to be from a Chief’s Hearing to a Trial Board and then after that finding by the Trail Board the member had the right to appeal to either the Board of Police Commissioners or to Arbitration. If it went to arbitration that was binding or the Board had no say so, if it came to you then you did have the right to decide whether or not you were going to uphold whatever was meted out at the Trial Board or to alter that in some way.
Comm. Holley stated I am appalled by the fact that I can only intervene or I can only have a part to play in this, if a police officer disagrees with it. If I disagree with the findings, I have no part to play. He asked is that true?
Atty. Hooks stated that is true.
Comm. Holley asked as a Board of Police Commissioner, I have Commission on one hand and no authority on the other. I feel like there are some decisions that I disagree with. He asked if a police officer disagrees and wants to appeal to me, then who would I appeal to, if I disagree with the decision that they gave to the police officer?
Atty. Hooks stated the only time that you cannot intervene or step in, is if that police officer determines or decides that he wants to go to arbitration, you have no say over that.
Comm. Holley asked that if I, as a person that represents the community, disagrees with the final decision of the disciplinary action on this police officer, he/she goes back on the police force and I disagree with that decision…. That should be looked into because it is not fair to the community.
Atty. Hooks stated that might be an issue that we will have to explore, but as it stands now….
Comm. Holley asked am I making sense?
Vice-Chairperson Ramirez stated I understand what you are saying.
Chairperson Blackwell stated it’s just not part of the authority of the Board of Police Commissioners, but I know what you are saying.
Comm. Holley stated that is how you get police officers, who perhaps should not be on the police force or back on the police force, then why am I here?
Atty. Hooks stated you still play a very important role?
Comm. Holley stated ya’ll keep telling me that.
Atty. Hooks stated sometimes it is good to explore these other areas to see whether or not we need to step in or what we need to look at. But as it stands now, when it goes to binding arbitration, you don’t have that.
There were no contravention’s to the above suspension without pay.
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