Judge upholds cop’s firing

The officer went to the house because of a parking
complaint.

By ED RUNYAN

VINDICATOR TRUMBULL STAFF

WARREN — A common pleas court judge has upheld the firing of a former Howland Township police officer for the way he handled a parking complaint at a Forest Hill Drive dentist’s house last year.

Judge Andrew D. Logan ruled this week that Howland trustees acted properly when they fired Jeffrey A. Zelinsky of North Road Northeast, Oct. 30.

Zelinsky appealed the firing, saying the decision was unconstitutional and unreasonable.

But in a judgment entry filed Wednesday, Judge Logan ruled the trustees’ decision was supported by substantial and reliable evidence.

Trustees fired Zelinsky after a Sept. 9, 2006, incident in which he went to the home of Dr. George Ralph to investigate an illegal parking complaint.

That day, Dr. Ralph was holding a clam bake. About 25 people remained at the house when Zelinsky arrived at the front door.

When Zelinsky arrived, he talked to Dr. Ralph’s daughter, Kimberly, about the problem. Dr. Ralph interrupted the conversation by speaking to the girl, at which point Zelinsky told Dr. Ralph he was interfering with official business, crossed the threshold of the residence and grabbed Dr. Ralph by the shoulder.

At a hearing later, Dr. Ralph said he went to the front door to talk to his daughter about the location of some clams. He testified that he didn't know it was a police officer at the door because he and the officer were on opposite sides of the closed portion of a double door.

A struggled ensued, and Dr. Ralph was injured, arrested and charged with several crimes. The charges were later dropped in Warren Municipal Court.

Fired

After an internal investigation, Zelinsky was fired for incompetence, misconduct in office and violating Dr. Ralph’s civil rights.

Judge Logan wrote that Zelinsky had no authority to enter Dr. Ralph’s home and that Zelinsky admitted that. Practically everything else about the incident is irrelevant, Judge Logan ruled, because “crossing the threshold of the Ralph residence and placing his hand on Ralph never should have happened in the first place.”

“Fourth Amendment search and seizure issues are basic police procedures of which every trained officer should be well aware,” Judge Logan wrote. He added, “There is no greater sanctuary of privacy than one’s home.”

runyan@vindy.com