Post by admin on Jan 30, 2007 0:25:07 GMT -5
Appears even law enforcement have been warned to "better watch out" when they bring attention to corruption...
72.14.203.104/search?q=cache%3AZyJqdc4Cr6wJ%3Ahttp%3A%2F%2Fwww.twelfth.courts.state.oh.us%2FDecisions%2FPre99016.doc%20grand%20jury%20preble%20county
...Plaintiff-appellee, Willard Floyd ("Floyd"), was employed as a sergeant for the New Paris Police Department. In July 1996, Floyd was classified as the head of the police department. The department did not have a chief of police or marshal at the time, and so as the highest-ranking police officer, Floyd was placed in charge of the daily operations of the police department.
In late October 1996, Floyd received an anonymous message on the police department answering machine. The caller stated "you better check the councilman, he has a record." Based on his police training, Floyd believed that it was a crime for a person with a felony record to hold an office of public trust. He had a suspicion that the caller may be referring to council member Glenn Brown because during a conversation with Floyd, Brown stated that he had "served his time for mistakes." Floyd also considered Darrin Turner, a candidate for council, because he knew from a previous case that Turner had some type of criminal record, but Floyd could not remember the specifics.
The village of New Paris has access to the Law Enforcement Automated Data System (LEADS) and officers receive training in the use of the system. Police are able to use LEADS to conduct background information checks on persons under criminal investigation. Floyd instructed another village policeman, Darrin Kirkpatrick, to conduct a LEADS background check on both Brown and Turner...
...Floyd met with the head of the safety committee, Jeff Kyle, and informed him of the investigation. Floyd stated that the information still needed to be verified and that he was continuing to investigate. Floyd and Jeff Kyle discussed the investigation with Charlene Captain, the other member of the council safety committee. During the meeting the safety committee discussed performing LEADS checks on all persons the public might consider to be a member of council in order to do a thorough investigation and so that it would not appear Brown was targeted. Floyd performed LEADS checks on the mayor, council members, and two village clerks. At the same time he also performed a LEADS check on Donald Parker, who he was investigating in another matter and who Floyd believed had written Brown's letter of intent to run for council. After receiving confirmation from another state regarding Brown's conviction, Floyd met again with the safety committee. The two council members then informed Thomas of the investigation.
At a council meeting the following night, the council held an executive session to discuss the information discovered by Floyd. Shortly after the meeting, several council members told Floyd that he had better "watch out." Floyd was concerned that Thomas might try to retaliate against him. He had not informed her of the investigation when it began because she and Brown were good friends. A few days later, Steven Hobbs, the village solicitor, told Floyd that he thought the background search on Brown was illegal. Hobbs stated that he thought Brown's conviction was only a misdemeanor, and not a felony as the evidence Floyd obtained indicated.
Thomas filed a complaint with LEADS and asked for an investigation regarding misuse of the system by Floyd in his investigation of Brown. The Preble County Sheriff's Department conducted an investigation of theft of computer data. The evidence was presented to a grand jury which refused to indict Floyd. Thomas continued to pursue the matter with LEADS, who responded in a letter stating LEADS felt that there was sufficient evidence to determine that a violation of policy had occurred and the village was placed on Level Two sanction. Thomas discussed the letter and possible action to be taken against Floyd and the two had a heated exchange of words. Floyd was upset that no action had been taken as a result of the information discovered on Brown's conviction and that instead, they were discussing action against him for performing his job.
Thomas later told Floyd he was on "indefinite suspension, inactive reserve" and took Floyd's office keys. Thomas did not mention whether or not Floyd would be paid. During an August council meeting, Floyd was given an unsigned, undated, blank form that had a general statement that there were charges against him for misuse of LEADS. Floyd also testified that during the meeting, Hobbs threatened him by stating, "Sir, we will get you." During the meeting, council voted to change the suspension to a paid administrative leave.
According to Floyd, within a few days of his suspension, there was an article about the suspension in a newspaper, the Palladium Item. The article stated that Floyd was removed from his position "for the safety and welfare of the people of New Paris."
Thomas served formal charges on Floyd and the charges were discussed by council in November 1997. The charges stated that Floyd was guilty of "incompetency, inefficiency, dishonesty, neglect of duty, and other acts of misfeasance, malfeasance, or nonfeasance in the performance of his official duty." The charges also stated that Floyd had committed "unauthorized use of property, in violation of R.C. 2913.04(B), a felony of the fifth degree." Floyd testified about the investigation during the meeting. At the conclusion of the meeting, council reinstated him to his previous job duties and rate of compensation. Floyd testified that although he was supposed to return to work as before the suspension, Thomas has not returned the keys to his former office.
After Floyd was reinstated, Thomas wrote another letter to LEADS regarding Floyd. The letter stated that council had been "told by three law enforcement officers the night of the hearing, prior to that hearing by the village attorney that this was a crime and they completely over looked [sic] the facts that was [sic] told to them before and during the hearing." Thomas requested that the LEADS steering committee "hit them hard with a very severe penalty, other wise [sic] they will still play games." As a result of the letter, LEADS cancelled its service to the village of New Paris.
Thomas admits that she contacted LEADS and pursued what she felt was improper use of the system, but that she only acted on the advice of the city solicitor. She testified that from her point of view, Floyd was not suspended or terminated but was just "off the schedule." Thomas testified that she made statements to the media, including a statement to the Palladium Item. She also admitted filing charges after the grand jury refused to indict, but stated that the charges were written by the city solicitor. Floyd contends that Thomas conspired with the village solicitor to use this situation to try to have him fired from his job as a police officer.
Floyd filed a complaint against Thomas, Hobbs, and the village of New Paris for interference with his employment contract, defamation, and intentional infliction of emotional distress. Thomas moved for summary judgment on the basis that she was entitled to immunity pursuant to R.C. 2744.03 and on the basis of absolute or qualified privilege. The trial court denied Thomas' motion by briefly stating that "a genuine issue of material fact exists as to whether Mayor Thomas acted maliciously, thereby triggering the R.C. 2744.03(A)(6)(b) exception to immunity." ...
72.14.203.104/search?q=cache%3AZyJqdc4Cr6wJ%3Ahttp%3A%2F%2Fwww.twelfth.courts.state.oh.us%2FDecisions%2FPre99016.doc%20grand%20jury%20preble%20county
...Plaintiff-appellee, Willard Floyd ("Floyd"), was employed as a sergeant for the New Paris Police Department. In July 1996, Floyd was classified as the head of the police department. The department did not have a chief of police or marshal at the time, and so as the highest-ranking police officer, Floyd was placed in charge of the daily operations of the police department.
In late October 1996, Floyd received an anonymous message on the police department answering machine. The caller stated "you better check the councilman, he has a record." Based on his police training, Floyd believed that it was a crime for a person with a felony record to hold an office of public trust. He had a suspicion that the caller may be referring to council member Glenn Brown because during a conversation with Floyd, Brown stated that he had "served his time for mistakes." Floyd also considered Darrin Turner, a candidate for council, because he knew from a previous case that Turner had some type of criminal record, but Floyd could not remember the specifics.
The village of New Paris has access to the Law Enforcement Automated Data System (LEADS) and officers receive training in the use of the system. Police are able to use LEADS to conduct background information checks on persons under criminal investigation. Floyd instructed another village policeman, Darrin Kirkpatrick, to conduct a LEADS background check on both Brown and Turner...
...Floyd met with the head of the safety committee, Jeff Kyle, and informed him of the investigation. Floyd stated that the information still needed to be verified and that he was continuing to investigate. Floyd and Jeff Kyle discussed the investigation with Charlene Captain, the other member of the council safety committee. During the meeting the safety committee discussed performing LEADS checks on all persons the public might consider to be a member of council in order to do a thorough investigation and so that it would not appear Brown was targeted. Floyd performed LEADS checks on the mayor, council members, and two village clerks. At the same time he also performed a LEADS check on Donald Parker, who he was investigating in another matter and who Floyd believed had written Brown's letter of intent to run for council. After receiving confirmation from another state regarding Brown's conviction, Floyd met again with the safety committee. The two council members then informed Thomas of the investigation.
At a council meeting the following night, the council held an executive session to discuss the information discovered by Floyd. Shortly after the meeting, several council members told Floyd that he had better "watch out." Floyd was concerned that Thomas might try to retaliate against him. He had not informed her of the investigation when it began because she and Brown were good friends. A few days later, Steven Hobbs, the village solicitor, told Floyd that he thought the background search on Brown was illegal. Hobbs stated that he thought Brown's conviction was only a misdemeanor, and not a felony as the evidence Floyd obtained indicated.
Thomas filed a complaint with LEADS and asked for an investigation regarding misuse of the system by Floyd in his investigation of Brown. The Preble County Sheriff's Department conducted an investigation of theft of computer data. The evidence was presented to a grand jury which refused to indict Floyd. Thomas continued to pursue the matter with LEADS, who responded in a letter stating LEADS felt that there was sufficient evidence to determine that a violation of policy had occurred and the village was placed on Level Two sanction. Thomas discussed the letter and possible action to be taken against Floyd and the two had a heated exchange of words. Floyd was upset that no action had been taken as a result of the information discovered on Brown's conviction and that instead, they were discussing action against him for performing his job.
Thomas later told Floyd he was on "indefinite suspension, inactive reserve" and took Floyd's office keys. Thomas did not mention whether or not Floyd would be paid. During an August council meeting, Floyd was given an unsigned, undated, blank form that had a general statement that there were charges against him for misuse of LEADS. Floyd also testified that during the meeting, Hobbs threatened him by stating, "Sir, we will get you." During the meeting, council voted to change the suspension to a paid administrative leave.
According to Floyd, within a few days of his suspension, there was an article about the suspension in a newspaper, the Palladium Item. The article stated that Floyd was removed from his position "for the safety and welfare of the people of New Paris."
Thomas served formal charges on Floyd and the charges were discussed by council in November 1997. The charges stated that Floyd was guilty of "incompetency, inefficiency, dishonesty, neglect of duty, and other acts of misfeasance, malfeasance, or nonfeasance in the performance of his official duty." The charges also stated that Floyd had committed "unauthorized use of property, in violation of R.C. 2913.04(B), a felony of the fifth degree." Floyd testified about the investigation during the meeting. At the conclusion of the meeting, council reinstated him to his previous job duties and rate of compensation. Floyd testified that although he was supposed to return to work as before the suspension, Thomas has not returned the keys to his former office.
After Floyd was reinstated, Thomas wrote another letter to LEADS regarding Floyd. The letter stated that council had been "told by three law enforcement officers the night of the hearing, prior to that hearing by the village attorney that this was a crime and they completely over looked [sic] the facts that was [sic] told to them before and during the hearing." Thomas requested that the LEADS steering committee "hit them hard with a very severe penalty, other wise [sic] they will still play games." As a result of the letter, LEADS cancelled its service to the village of New Paris.
Thomas admits that she contacted LEADS and pursued what she felt was improper use of the system, but that she only acted on the advice of the city solicitor. She testified that from her point of view, Floyd was not suspended or terminated but was just "off the schedule." Thomas testified that she made statements to the media, including a statement to the Palladium Item. She also admitted filing charges after the grand jury refused to indict, but stated that the charges were written by the city solicitor. Floyd contends that Thomas conspired with the village solicitor to use this situation to try to have him fired from his job as a police officer.
Floyd filed a complaint against Thomas, Hobbs, and the village of New Paris for interference with his employment contract, defamation, and intentional infliction of emotional distress. Thomas moved for summary judgment on the basis that she was entitled to immunity pursuant to R.C. 2744.03 and on the basis of absolute or qualified privilege. The trial court denied Thomas' motion by briefly stating that "a genuine issue of material fact exists as to whether Mayor Thomas acted maliciously, thereby triggering the R.C. 2744.03(A)(6)(b) exception to immunity." ...
