Ex-Police Chief Moffitt loses discrimination case

The former chief of police contended that the city tried to force his retirement.
& lt;a href=mailto:yovich@vindy.com & gt;By TIM YOVICH & lt;/a & gt;
VINDICATOR TRUMBULL STAFF
HUBBARD -- The Ohio Civil Rights Commission has rejected a contention by former Police Chief Raymond L. Moffitt that the city discriminated against him.
"We've been vindicated," safety director Robert Paterniti said of the ruling.
Neither Moffitt nor his Youngstown attorney, Ira J. Mirkin, could not be reached. Moffitt can appeal.
The former chief contended the city tried to force him to retire because of a heart ailment.
Moffitt, who served as chief 17 years, retired Nov. 2. A civil service test will be administered in January to determine his replacement.
Affidavit
Moffitt filed an affidavit with the commission April 1, saying the city placed him on medical leave of absence as chief because of disabling heart disease.
He said the city changed his work schedule, requiring him to work patrol duty in uniform. As chief, he asserted, his duties were changed from administering the department to street duty.
He was placed on administrative leave Feb. 11, although the city had not received his medical report.
Ten days later, he was placed on sick leave and was not permitted to work.
Moffitt contended that he lost wages and/or accumulated sick leave benefits because he was forced to use his sick leave to continue to get paid and that he could perform his job as chief with or without reasonable accommodations.
Ruling
Diana J. Peske, assistant regional director of the commission's Akron district office, wrote in her ruling that a commission investigation found that Moffitt suffered a heart attack in 1995 and underwent a coronary bypass in 1997.
Peske wrote that when Moffitt returned to work after surgery he submitted a treating physician's statement indicating he could return to work without restrictions.
Witnesses said in statements that because of comments made by Moffitt about his medical condition, questions arose about his ability to perform essential functions of his job.
Examination
To clear up the issue, Dr. David Fredericka of Warren examined Moffitt on Feb., 15.
Dr. Fredericka established, the commission report says, that Moffitt should not continue in his capacity as chief as "he was at high risk of medical complications if he did so."
Based on the recommendations of Dr. Fredricka, Moffitt was placed on administrative medical leave of absence. Peske wrote there is no probable cause to believe that the city engaged in unlawful discrimination practices.
Paterniti, who had said the city had proper documentation to support its actions, expressed pleasure with the ruling, pointing out that "we were accused of being underhanded."
& lt;a href=mailto:yovich@vindy.com & gt;yovich@vindy.com & lt;/a & gt;