Thursday, November 6, 2008

Testing

I'm just playing around making sure I see the comments link show up.

Comments enabled

I have had several requests to enable comments on my blog. I have hesitated until now for several reasons. I have no problem with discussing rationally some of the issues which face the township and decisions I have made that some people disagree with. But only if everyone can remain civil and rational. Up until now, I wasn't sure that was possible. But I'm willing to give it a try, so commenting has been turned on. We'll see how it goes.

Wednesday, November 5, 2008

Another Sylvania Township Police Officer Suspended

It was only two weeks ago that we had our first public disciplinary hearing in almost 2 decades, yet we held another hearing at our meeting Wednesday evening. This time the charges were much more serious and were dealt with accordingly.

Remember, it is a part of the Ohio Revised Code as well as the union contract that police department employees have the right to a disciplinary hearing before the trustees for charges which may result in time-off.

In this particular case, the officer - Sergeant Robert Colwell - attempted to waive the trustees hearing after we had already filed charges. In fact, Sgt. Colwell wanted to waive the trustee hearing only after seeing the results of our last disciplinary hearing. After having received an email from Sgt. Colwell's attorney late on Nov. 4 again stating that they wanted to waive the trustees hearing, we discussed the request in executive session at our meeting on the evening of November 5. Unfortunately, Mr. Colwell declined to attend the hearing nor did he send his attorney to represent him. As a result, we proceeded with the hearing.

Sgt. Colwell was charged with several serious offenses. We carefully listened to the testimony of four witnesses and had the opportunity to ask our own questions. Ultimately, we found Sgt. Colwell in violation of several department policies as follows:

1. Sgt. Colwell had two unsecured firearms in an area of the Sylvania Township Police Department which is accessible by visitors, witnesses, suspects, victims, and other non-department persons. The weapons were left unsecured in Sgt. Colwell's former office after he was transferred to another department from the Detective Bureau. How long they were unsecured before his transfer, we don't know. This was clearly in violation of the department's policy on Weapon Security.

2. Sgt. Colwell failed to properly process evidence; he did not log it into and out of the property room as actions necessitated. As a government entity, we must be careful to account to each piece of property which comes in to our control. This is an obligation that we owe not only to the public in general, but victims and accused in order to ensure justice in criminal situations. Again, the department has a clear policy on handling of evidence which in this case was violated by Sgt. Colwell.

3. Also in regard to evidence, Sgt. Colwell failed to properly log a laptop computer into the property room and left the laptop in his former office, untagged and unsecured for over one year. This action breached the evidentiary chain of custody for the laptop, rendering any evidence that may have been contained on the laptop vulnerable to tampering and thus challenge if criminal charges were brought regarding evidence contained on the laptop. Sgt. Colwell has a clear duty to follow proper procedures so that evidentiary issues are clear and evidence is not compromised.

4. Finally, as a detective, Sgt. Colwell was charged with properly maintaining and filing reports regarding cases that he investigated. When Sgt. Colwell was transferred to another department, he failed to correctly report the disposition of several cases involving identity theft and forgery. This is in violation of the township's policy on Departmental Reports.

In summary, the trustees unanimously authorized a 15-day suspension (without pay) and a written reprimand. The offenses Sgt. Colwell was charged with were serious and are at the heart of the integrity of our police department and how it is viewed not only by our residents and businesses but the criminal justice system itself.

To respond to accusations that this was retaliation against union activity, let me say that we did not act in retaliation for any specific or general union involvement. I expect every employee to conduct themselves in a manner that is in compliance with township policy and Ohio law. Union activity does not elevate an employee above rules and regulations. The safety and security of our residents is of utmost importance; failing to follow policy and procedures that are necessary for a properly functioning police department cannot be tolerated.

I would love for these disciplinary hearings to be handled internally, without the public hearings. The township attempted to change the union contract language to that affect during our recent negotiations. The union disagreed, and ultimately the conciliator agreed with the union. So we will continue to have these hearings as long as employees wish to selectively bring discipline matters to the board.

DeeDee Liedel
Sylvania Township Trustee