Minutes of Committee Meeting
Police Department, Village Engineer, Service Department
Gorman Farm
April 5, 2005
The meeting of the Evendale Council Committee for Police Department, Village Engineer, Service Department, and Gorman Farm was called to order at 7:00 pm. Councilmembers Hartman , Puthoff and Schaefer were present. Also present at various times during the meeting were Mayor Apking, Jack Cameron, Monica Mazzone and Joe Wiehe. The issues concerning the Police Department were deferred until 8:00 pm. During the meeting concerning the Police Department, Chief Foust, Jack Cameron, Pam Meyers, Lynn Watts, and Councilmember Smiley Robertson, as well as all three committee members, were present.
Other Issues
Mayor Apking advised the committee that he would present at a future council meeting the issue of raising the pay of the Mayor and Council. This would only happen after a public hearing and would not become effective during the current terms of the Mayor or Council. Mayor Apking’s suggestion was to link the Mayor and Council pay to a percentage of the County Commissioner’s pay rate. The plan would be for the Mayor to be paid 30% of the County Commissioner’s pay and the Councilmembers would receive 10% of the County Commissioner’s pay.
Jack Cameron discussed the progress of the website revisions. He expects the website to be fully operational on May 1, 2005. He has a temporary internet link to allow councilmembers to view a mock-up of the site. That link would be forwarded at a later date.
Service Department
Joe Wiehe reported that the mayor had restocked the pond on the Griffin Family Nature Preserve with 15 bass and additional “feeder” fish for the bass. The pond is catch and release only. Councilmember Puthoff suggested that Joe look into the cost and design of a sign for the property. Councilmember Schaefer suggested a logo that would match existing Village signs. The committee suggested that one sign would go by the entrance to the parking lot and a second would be located at the pedestrian entrance on Horncastle. Additionally the committee suggested a hinged piece of plexiglass to cover the sign board next to the parking lot so fishing regulations and other information can be posted.
It was also suggested by the Councilmember Schaefer that once the closing occurs on the Burr property that some initial steps be taken to mow the property, plant some trees and begin development of the entrance park. Councilmember Hartman suggested the service department look into planting trees along Reading Road south of Cooper to the park and also replace some trees on the Municipal grounds that have died and been removed. In particular, the trees need to be planted in the Bicentennial Commons area in between the parking lots next to the recreation center and the fire department.
Finally, the committee suggested that the service department look into removing the Surgery Center temporary sign in the Village right of way now that the permanent sign is installed.
Gorman Farm
Monica Mazzone gave the report for the Gorman Farm. The Sheep Shearing Festival was held on April 2 and 3. In all about 50 Volunteers helped during the event. Approximately 10,000 fliers about the event were distributed in the West Chester, Mason, and Lebanon areas. While the weather brought most operations to a near halt on Saturday, Sunday was very successful. 1087 people attended. For most this was their first visit to the Farm. The admissions generated $2,120. $880.00 in farm products were sold. The sponsor, Sara Lee/Kahns provided $5,000. Monica reported that the Summer Camp sessions are almost filled. The next event is a culinary event the first weekend in August and the Sun Flower Festival the first weekend in October.
Councilmember Hartman asked about the progress in raising endowment or other "big money" for Gorman Heritage Farm Foundation to fund their operations after Evendale's 3-year commitment. Councilmember Hartman said the Farm’s programs and attendance are great; they are getting high attendance and are doing a good job in that area. But they need to be addressing big fund raising if they want to be successful for the long-term. Councilmember Hartman also asked about the financial information that Monica gave us. Income for the first quarter was nearly $25K, or about $100K per year. The report does not show expenses, and so it is difficult to determine how significant the stated income is.
Police Department
The committee took a brief recess until 8:00 pm. The committee had invited anyone making inquiries about an incident where Officer Roach lost his gun in the Courthouse to attend the meeting and ask questions of Chief Foust about the incident.
Lynn Watts asked Chief Foust to go through the steps of his investigation. Chief Foust explained that the incident occurred on a Monday. The Chief was out of town at the time. The Sheriff’s Department took the initial report from Officer Roach shortly after Officer Roach noticed that the gun was missing. The serial number was entered into R.C.I.C as stolen. Officer Roach then reported the incident to the supervisor who preliminary took a statement of facts. Upon his return, Chief Foust obtained copies of the Sheriff Department Report, the preliminary report to the Evendale supervisor, and then spoke with Officer Roach. In his discussion with Chief Foust, Officer Roach accepted ownership and responsibility for the incident. Chief Foust met with the Mayor and decided that a written
reprimand was the appropriate discipline to be imposed.
Lynn Watts asked if the Sheriff’s investigation was ongoing. Chief Foust reported that he was aware of nothing ongoing at this time because the gun was not found.
Lynn Watts then asked whether Officer Roach was working between Monday when the incident happened and the Friday when it was reported. Chief Foust stated that there is no fixed rule about when an event will result in desk duty or administrative leave. In the exercise of the Chief’s discretion, he determined that such actions were not necessary for this type of event.
Councilmember Hartman asked whether there is a specific policy on keeping control of fire arms. Chief Foust reported that there is no specific policy in Evendale and that after the event he checked with three surrounding departments about such policies. None of the surrounding departments have policies on control of weapons.
Councilmember Hartman asked whether this could lead to liability on the part of Evendale. Chief Foust believed that this would be no different than the liability of the owner of a car when a person driving a stolen car causes injuries. The Chief did not believe that there would be liability under these circumstances.
Pam Meyers asked whether the only reason Officer Roach had the gun was because of his employment with Evendale. Chief Foust said that was true. Chief Foust added that there is a policy requiring officers to appear for civil litigation.
Pam Meyers asked whether this was the first disciplinary action involving Officer Roach. Chief Foust replied that this was the first disciplinary action against Officer Roach since he began employment with Evendale. Lynn Watts asked whether Officer Roach was disciplined concerning the damage he caused to a cruiser. Chief Foust reported that Officer Roach was on patrol, at night, checking to make sure businesses were secure by shining his spotlight on the doors. Approximately a year ago, while performing this function, he sideswiped the concrete pillar supporting a light pole in the parking lot. The damage was minor and no disciplinary action was taken.
Lynn Watts asked whether Office Roach was given a drug test following the accident. Chief Foust said there is no automatic policy for a drug test for police officers. There was no predicate behavior which would justify a drug test. Officers are given drug tests during their pre-employment screening and during annual physicals. Within the Village only employees of the service department who are required to have CDL licenses are subject to random drug tests. Officers are required to report medications they are taking. If behavior which would justify a test is exhibited, the officer would be tested. The Chief noted that police officers are trained to observe behavior and indications of drug or alcohol use.
Lynn Watts said maybe we should change the rules to require drug testing following all accidents by police officers. Chief Foust suggested that both he and Chief Vail have discussed this matter in the past. Pam Meyers and Councilmember Smiley-Robertson suggested that in their work experience workplace drug and alcohol testing is normal. Councilmember Schaefer said that private employers requiring drug testing are not state actors. Only reasonable searches may be conducted by governmental entities. We could not have across the board drug testing for the clerical staff. Pam Meyers suggested that perhaps the recreation staff should also be subject to drug testing. Chief Foust replied that the center for local government may have standardized policies on drug and alcohol testing and that they could be a
resource for exploring a policy. Councilmember Puthoff said that the solicitor will have to look over any policy. Councilmember Schaefer suggested to Councilmember Smiley-Robertson that if Chief Vail and Chief Foust find a workable policy for both departments, her committee could listen to a presentation by Chief Vail next month. Our committee could hear from Chief Foust at the same time.
Lynn Watts wanted to know if the incident with the car occurred during the first year of Officer Roach’s employment. Chief Foust said he believed that it occurred in the second year of employment.
Lynn Watts asked Chief Foust why he imposed discipline for the gun incident which exceeded departmental guidelines. Chief Foust noted that the departmental guidelines are not controlling in that he has authority to impose more severe discipline if he believes it necessary. After consultation with the Mayor, Chief Foust felt strongly that a written reprimand was the appropriate disciplinary action.
Lynn Watts was very concerned about Officer Roach’s judgment. She wanted to express that to the Chief. She finds the event very serious. She finds it very disturbing. The fact that Officer Roach reported the event is simply what was required. Reporting the event shows nothing on Officer Roach’s part. Lynn Watts is heartsick over the incident, it reflects poorly on the other good officers and casts a shadow over the entire community.
Pam Meyers asked why there was no curtailment of duties between the time the incident was reported and the imposition of discipline. Chief Foust spoke by telephone with the supervisor. There is no written policy about suspensions pending review. In the Chief’s opinion, the incident did not call into question Officer Roach’s ability to do the job.
Pam Meyers stated that this happened less than a week after the Atlanta courthouse shooting and everyone should have been more conscious of the problem with guns in the courthouse. She suggested that if Officer Roach was the most recently hired officer, laying him off would be the most effective solution. She says the media still focuses on him. Chief Foust said that when he imposes discipline he tries to take out of the equation current events or media focus on a particular officer. Instead, he treats all of the officers the same. Pam Meyers suggested that the last two criteria in the Village Ordinances on discipline should be used by Chief Foust because anything regarding Officer Roach has a negative impact on the community. Chief Foust disagreed. He said that he gives no special treatment to
Officer Roach and treats all officers the same. Councilmember Smiley-Robertson said that because of the Atlanta Courthouse shooting, any officer losing a gun in the courthouse would have been on the front page of the paper. Councilmember Hartman agreed that any incident would have been given more significance.
Pam Meyers stated that she doesn’t want to pull out her prior speeches on the subject, but Officer Roach lied, changed his story previously, when he saw a videotape. Now we have another incident. She doesn’t understand why we have this person. The totality of circumstances, his lack of care, in her opinion he’s not the smartest person, make him a walking time bomb. Why not just lay him off. Pam says she has not met him, but he’s made too many mistakes. He’s a problem in the community. Councilmember Smiley-Robertson stated that her concern was Officer Roach’s judgment. The focus has to be on judgment and the Chief should look into this incident and others that reflect on his judgment. Chief Foust responded that he is not here to defend Officer Roach. Officer Roach accepted ownership of the incident. He documented his actions.
Lynn Watts stated that police officers make a lot of decisions, and how they handle them is a concern to a lot of people. She appreciated Chief Foust listening to her concerns and that the dialogue is good. Chief Foust said that part of his job is answering questions and thanked everyone for coming down and expressing their concerns. He advised that those in attendance should not hesitate to call.
Lynn Watts stated that she believes police officers should be held to a higher standard and that in her view they are on duty 24/7. She has a lot of concern about an unnamed officer who (in Lynn’s words) “harassed” a candidate for public office who came to his home. Lynn Watts believed it’s improper for an officer, even on his own time and at his own home, to (in Lynn’s words) “ intimidate” a village resident. Chief Foust said that he does not condone the actions of the officer involved and gave the resident several options through which she could complain. The resident chose not to exercise any of those options. Lynn Watts stated that she would agree to disagree with the chief on that issue.
Councilmember Smiley-Robertson brought up the issue of communications between the police department and the council. Jack Cameron and the chief indicated that information from the department is routinely given to the mayor. The mayor met earlier with the committee and discussed this issue. It is hoped that some guidelines will be developed so that there is a point of contact so that appropriate newsworthy events can be disseminated to councilmembers.
On motion by Councilmember Puthoff, seconded by Councilmember Hartman, the meeting adjourned at 9:15 pm.
Approved:
Councilmember Hartman
Councilmember Puthoff
Councilmember Schaefer
| 
