PFC rejects firing officer
By Rasmieyh Abdelnabi
Daily News staff writer
A Beloit officer has been spared termination by the city's Police and Fire Commission.
The commission delivered its decision to Police Chief Sam Lathrop, calling for suspension of Vincent Brown for 30 days without pay, instead of following the chief's request to fire him for violations.
“This decision by the Police and Fire Commission sends a different message to our officers and the community than what we are taught and have been teaching,” Lathrop said. “It says that you won't lose your job if you deceive, or that you won't lose your job if you decide that today is a day that you don't feel like doing what you should be doing.”
Brown, a 12-year veteran of the department, was charged with lack of attentiveness on duty, leaving his duty post, unsatisfactory performance, not being truthful, failing to use radio communications, insubordination and violating the code of ethics. The commission found him guilty of all charges except the last two.
An internal investigation looking into Brown's misconduct points to specific days on which violations were committed: Dec. 14, Dec. 9, Dec. 8, Nov. 14, Nov. 15, Nov. 13 and Nov. 28. Each incident claims Brown was supposed to be in a school zone around 7:30 a.m., but instead he was at a restaurant in the 900 block of Fourth Street. Global positioning system records indicate he spent, on average, about 30 minutes at the restaurant on each occasion.
In their decision, the commission stated there was substantial evidence against Brown of all the charges except insubordination and violation of the code of ethics. Brown was charged with insubordination because he violated a direct order from a superior, Lathrop testified Wednesday during a hearing before the commission. On Dec. 14, Brown was told by his shift sergeant to go to his school zone at 7:30 a.m. until 8 a.m. But on Tuesday, Beloit Police Sgt. Dan Risse testified before the commission that he didn't remember if he specifically told Brown to go during those times, which led the commission to believe the order was not clear.
“The commission interpreted this rule to mean that Officer Brown would have had to absolutely refuse to obey an order to be insubordinate. A majority of the commission felt the order to go to the school zone on Dec. 14, was unclear,” states the commission's ruling.
However, Risse testified that the order was part of the department's Beat Management Plan and the plan calls for officers to be in their school zones for the first two weeks of each semester. The commission concluded that the change in this policy was not written and part of the department's regulations and procedures. Therefore, Brown could not be found insubordinate for not following the order.
Brown was not found guilty of violating the code of ethics because the commission concluded the language of the code is too broad to apply to this case.
“The allegation of a violation of the code of ethics is repetitive of the allegations of a violation of other rules and regulations,” states the commission's ruling.
According to the ruling, the commission believed termination was too severe for the violations committed.
“Chief Lathrop applied the rules without discrimination against Officer Brown. However, a majority of the commission concludes that the rules were not applied fairly against Officer Brown when compared to the discipline of Officer E.”
Officer E was one of five officers given a three-day suspension on Feb. 5 for gathering together instead of patrolling while on duty. Officer E has a substantial disciplinary history and engaged in conduct similar to Brown but was given a much less harsh punishment, the commission's findings stated.
The commission also stated, “the proposed discipline does not reasonably relate to the seriousness of the violations and to Officer Brown's record of service with the Beloit Police Department because a majority of the commission finds that a termination of employment for the violations of the rules and regulations found by the commission to be too severe.”
On Wednesday, Lathrop told the commission that one of the reasons he asked for the termination of Brown was because of Brown's extensive disciplinary history and the severity of the violations. Brown was hired in 1994. He was disciplined 13 times during his tenure in Beloit. On Jan. 26, 2006, Brown was suspended for 10 days without pay for unbecoming conduct and lack of attentiveness while on duty.
Despite, the commission not ruling in his favor, Lathrop is committed to moving past this dismissal request.
“We all look forward to marking this dismal chapter as finished and getting our focus back to where it should be -- providing the best police service to this community that we are capable of,” he said.
The commission delivered its decision to Police Chief Sam Lathrop, calling for suspension of Vincent Brown for 30 days without pay, instead of following the chief's request to fire him for violations.
“This decision by the Police and Fire Commission sends a different message to our officers and the community than what we are taught and have been teaching,” Lathrop said. “It says that you won't lose your job if you deceive, or that you won't lose your job if you decide that today is a day that you don't feel like doing what you should be doing.”
Brown, a 12-year veteran of the department, was charged with lack of attentiveness on duty, leaving his duty post, unsatisfactory performance, not being truthful, failing to use radio communications, insubordination and violating the code of ethics. The commission found him guilty of all charges except the last two.
An internal investigation looking into Brown's misconduct points to specific days on which violations were committed: Dec. 14, Dec. 9, Dec. 8, Nov. 14, Nov. 15, Nov. 13 and Nov. 28. Each incident claims Brown was supposed to be in a school zone around 7:30 a.m., but instead he was at a restaurant in the 900 block of Fourth Street. Global positioning system records indicate he spent, on average, about 30 minutes at the restaurant on each occasion.
In their decision, the commission stated there was substantial evidence against Brown of all the charges except insubordination and violation of the code of ethics. Brown was charged with insubordination because he violated a direct order from a superior, Lathrop testified Wednesday during a hearing before the commission. On Dec. 14, Brown was told by his shift sergeant to go to his school zone at 7:30 a.m. until 8 a.m. But on Tuesday, Beloit Police Sgt. Dan Risse testified before the commission that he didn't remember if he specifically told Brown to go during those times, which led the commission to believe the order was not clear.
“The commission interpreted this rule to mean that Officer Brown would have had to absolutely refuse to obey an order to be insubordinate. A majority of the commission felt the order to go to the school zone on Dec. 14, was unclear,” states the commission's ruling.
However, Risse testified that the order was part of the department's Beat Management Plan and the plan calls for officers to be in their school zones for the first two weeks of each semester. The commission concluded that the change in this policy was not written and part of the department's regulations and procedures. Therefore, Brown could not be found insubordinate for not following the order.
Brown was not found guilty of violating the code of ethics because the commission concluded the language of the code is too broad to apply to this case.
“The allegation of a violation of the code of ethics is repetitive of the allegations of a violation of other rules and regulations,” states the commission's ruling.
According to the ruling, the commission believed termination was too severe for the violations committed.
“Chief Lathrop applied the rules without discrimination against Officer Brown. However, a majority of the commission concludes that the rules were not applied fairly against Officer Brown when compared to the discipline of Officer E.”
Officer E was one of five officers given a three-day suspension on Feb. 5 for gathering together instead of patrolling while on duty. Officer E has a substantial disciplinary history and engaged in conduct similar to Brown but was given a much less harsh punishment, the commission's findings stated.
The commission also stated, “the proposed discipline does not reasonably relate to the seriousness of the violations and to Officer Brown's record of service with the Beloit Police Department because a majority of the commission finds that a termination of employment for the violations of the rules and regulations found by the commission to be too severe.”
On Wednesday, Lathrop told the commission that one of the reasons he asked for the termination of Brown was because of Brown's extensive disciplinary history and the severity of the violations. Brown was hired in 1994. He was disciplined 13 times during his tenure in Beloit. On Jan. 26, 2006, Brown was suspended for 10 days without pay for unbecoming conduct and lack of attentiveness while on duty.
Despite, the commission not ruling in his favor, Lathrop is committed to moving past this dismissal request.
“We all look forward to marking this dismal chapter as finished and getting our focus back to where it should be -- providing the best police service to this community that we are capable of,” he said.
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Kris Borgwardt, Beloit wrote on Mar 19, 2007 6:01 PM: