Letter seeks to disqualify officer’s promotion

By Ed Runyan

The police chief said he strongly disagrees with the safety-service director’s letter.

WARREN — Doug Franklin, Warren’s safety-service director, has asked the Warren Civil Service Commission to determine whether Lt. Joseph Marhulik made himself ineligible for promotion to captain in the Warren Police Department because of racial slurs he uttered Aug. 16 while off duty but in his unmarked police car.

“It is my opinion that Lt. Joseph Marhulik’s actions ... disqualified him from appointment to captain,” Franklin said in a letter to the commission. He added, however, that the decision “is entirely at the commission’s discretion.”

Atty. James Fredericka, chairman of the commission, said he would schedule a closed-door meeting with an attorney from the Warren law department to discuss whether the commission has that authority. In his years with the commission, he doesn’t ever recall a situation where someone certified as eligible for a promotion was later deemed to be ineligible, Fredericka said.

“The letter asks us to disqualify him,” Fredericka said. “I’m not sure if it’s too late for that.”

“I strongly disagree” with the service-safety director’s letter, Bowers said. “I feel [Marhulik] was duly punished. For anyone to come back and say he’s going to be punished again is wrong,” Bowers said.

Bowers suspended Marhulik for 10 days without pay, which Marhulik served with accumulated vacation time, for violating several provisions of the department’s code of conduct, including one that requires an officer to conduct himself professionally at all times.

He also violated departmental policy by acting unprofessionally while using his unmarked police car, and he violated the department’s firearms policy by consuming alcoholic beverages while carrying his firearm.

In a news release Franklin issued later Wednesday, he further explained his request to the civil service commission:

“As the appointing authority, I was compelled to write the letter because this administration is committed to holding public servants to high standards of integrity and trust in order to promote the interest of the public.

“While I understand and accept that Lt. Marhulik is remorseful for his behavior, we believe that he must be held accountable for his actions, and a promotion is not the proper consequence.”

Police Chief Tim Bowers attended the civil service commission meeting Wednesday morning at which the commission received the letter.

Marhulik took about a month off on sick leave after the incident while receiving treatment for unspecified medical problems.

Franklin said one month ago that Marhulik had begun talking to members of the Trumbull County Interdenominational Alliance, a group of mostly black ministers, and was trying “make amends” for his behavior. Franklin said Marhulik’s promotion would remain on hold until after the city and community were satisfied that the promotion was warranted.

The ministers and Tom Conley, president of Greater Warren-Youngstown Urban League, have issued statements in recent weeks indicating that they forgive Marhulik but feel that he should not be promoted to one level below police chief.

The Rev. Frank Hearns, one of the three civil service commission members, said he was present at one of the meetings involving Marhulik and the ministerial alliance but he does not agree with the alliance’s conclusion that Marhulik should be further punished.

“I don’t oppose [Marhulik’s] promotion,” the Rev. Hearns said.

When Hearns asked Bowers his opinion on Marhulik, Bowers said: “I’m fully confident that he can serve as captain. He was evaluated by medical professionals and found to be competent to serve as a police officer.”

runyan@vindy.com