Chief wants reprimand out of file

The chief says he won't give even the mayor an ongoing investigative report.
By TIM YOVICH
VINDICATOR TRUMBULL STAFF
NILES -- Police Chief Bruce Simeone says he will ask the Niles Civil Service Commission to expunge a verbal reprimand from his personnel file.
"It should never have come to this," Simeone said Wednesday of the reprimand that stems from an ongoing probe involving illegal gambling machines.
Capt. Charles McFalls, who also received a verbal reprimand in January from Safety Director Maurice Guarino, will most likely be filing a similar action with the commission through the police union, Ohio Policeman's Benevolent Association, the police chief said.
McFalls is on leave and couldn't be reached to comment.
Simeone explained that his department has been investigating since late last fall electronic gambling machines known as "Tic Tac" that were showing up in taverns.
The devices are illegal, the chief said, based on information from state liquor agents. The probe found five or six machines, and the bar owners had them removed. Others were removed after word got out that the machines are illegal.
These included one in Stred's Place, a Cedar Street tavern owned by Councilman Edward Stredney, D-3rd. In his report, Simeone wrote that Stredney thought the machine was legal but removed it from his bar.
What's behind this
On Jan. 26, according to Simeone's response to the grievance, McFalls met with Guarino, with Capt. Chuck Wilson present.
Guarino wanted a copy of the report from McFalls to show Stredney. McFalls and Wilson told the safety director the investigation was ongoing and that it couldn't be released to him.
Simeone stated in his response that the two captains found Guarino "very voicetress (sic), very loud, argumentative and smelled strongly of an alcoholic beverage."
Guarino did not return a message left at his office.
McFalls and Simeone received the reprimands in writing from Guarino.
Simeone said that only law enforcement can view a report while the investigation is in progress. The chief noted that he won't give it even to the mayor until it's complete.
Simeone removed the letter of the reprimand from McFalls' personnel file in the police department to resolve part of the grievance but said he has no authority to remove copies kept in the mayor's office and civil service commission.
Simeone has civil service status and can seek a hearing before the commission.
The chief said that the investigation isn't complete because there are multiple owners of the machines and all the suppliers haven't been identified.
yovich@vindy.com