WARREN Police chief appeals reprimand to city Civil Service Commission
Several police officers attended the meeting, showing their support for the chief.
By DENISE DICK
VINDICATOR TRUMBULL STAFF
WARREN -- Police Chief John Mandopoulos believes he wasn't afforded due process when Mayor Hank Angelo issued him a written reprimand, and he wants a forum to present his side.
Angelo issued the reprimand to Mandopoulos Sept. 30, citing him for failing to obey orders and failing to comply with department procedures.
Mandopoulos appealed the written reprimand to the city's Civil Service Commission, which met Wednesday. Several police officers attended the meeting, showing support for Mandopoulos.
Atty. James Fredericka of the Civil Service Commission said members would take the issue under advisement. He expects the panel to address it at the January meeting.
Gary Cicero, city human resources director, said that in order for a finding to be appealed to the commission, there has to be some kind of monetary harm.
"There's nothing in the code for an appeal of a written reprimand," Cicero said.
Attorney's contention
Atty. J. Walter Dragelevich, who represents Mandopoulos, said that when the chief first was notified of the city's concerns, he was accused of "inefficiency and gross neglect of duty." At the end of the proceeding, he was cited for failure to obey.
"They changed the rules after the game started and still haven't corrected it," Dragelevich said.
Mandopoulos learned from reporters what was going on as the process went on, the attorney said.
"In this day and age, it's not just an issue of monetary harm, it's reputation," Dragelevich said.
The chief should have an opportunity to respond to issues raised by the city, he said. If a hearing before the commission isn't the proper forum for that, Dragelevich asked the panel to explain what is.
Cicero declined to respond to the issues raised by Dragelevich, but said Mandopoulos' written response to the mayor's letter would be included in the chief's personnel file.
Fredericka said commission members need to determine if they have the authority to provide that forum.
"I should be allowed to tell my side," Mandopoulos said after the meeting. "I'm proud of my police department. When they say this stuff about me it reflects on my guys."
Mayor's conclusion
Angelo concluded in the Sept. 30 letter that Mandopoulos failed to obey a Sept. 27, 2001, order from Safety-Service Director Fred Harris to make sure all police officers use the time clock when they arrive at and leave from work.
In his written response, Mandopoulos argues that a 1997 conciliator's finding regarding the time-clock policy in the police department states that employees unable to clock in shall have that inability verified by their turn commander. Such a case would arise if an officer was testifying in court, the chief said.
"The conciliator's award does not even mention the chief of police," Mandopoulos wrote.
The chief also points out in his response that according to the International Association of Chiefs of Police, 99 percent of police departments don't have time-card punch-in systems for officers. Employees in a majority of other city departments aren't required to punch in either, he wrote.
The mayor also found in the September letter that Mandopoulos failed to obey Harris' order of Dec. 10, 2001, to prevent lieutenants from filling in as captain without Harris' approval.
Mandopoulos argues that he followed that order and it even led to a grievance being filed by an officer early this year. He also wrote in his response that when a captain was filling in as acting chief in October, Harris gave the acting chief written permission to elevate lieutenants to captain at the acting chief's discretion.
Got permission
Mandopoulos also received a letter from Harris Oct. 25 granting permission to allow a lieutenant to fill in as captain when the need exists.
"This is a direct and equal reversal of the city's position that led to me receiving a reprimand in the first place," Mandopoulos wrote.
Angelo also had concluded that the chief had not complied with an order to complete investigations into citizen complaints in 30 days.
Response
Mandopoulos responded by saying all investigations were completed in a timely manner and forwarded to him. He said he tried several times to set up a meeting with Harris but their schedules made it difficult. When they did meet, they agreed to change the procedure so that a letter informing the complainant of the investigation's results would be sent after Harris reviewed the file.
Before the change, the complainant was notified of the investigation's result and then the director reviewed the file, Mandopoulos said.
Three other issues initially brought by the city, including accusing Mandopoulos of preventing cooperation between the Trumbull County Sheriff's office and Warren police, were withdrawn after an August hearing.
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