Elmwood Place Police Department 300 Maple Street Elmwood Place, Ohio 45216 Office (513) 242-0754 Fax (513) 242-0757 “Serving the Community Since 1890” Investigative Summary Case #: Internal 02-10 Date Reparted: 5/5/2010 Officer Involved: PO Chad Essert Reported By: ~~ to Sgt. Darty Investigating Officers: Col. Peskin, Sgt. Darty, Cpl. Vanover Violation(s): Intimidation of Witnesses On 5/5/2010 in the evening hours Sgt. Darty was dispatched to the five hundred block of Linden Street for a fight in progress call, The officers on scene cleared the detail and Sgt. Darty was speaking with about numerous activities in the village. then asks Sgt. Darty about the pending lawsuit being filed against the police department. Sgt. Darty asks what she was speaking about and stated that ‘was suing the police department and the village for the activities between her and an officer at the police department, Sgt. Darty asks her what she was talking about and she said that knew more about the pending lawsuit. Sgt. Darty spoke with briefly and advised her that he would be back in a few ‘minutes to speak with her. Sgt. Darty returned to _ afier getting his voice recorder from the police department. spoke with Sgt. Darty about the alleged lawsuit, stated that zand her sister ing Officer Essert and Officer Devers are filing the lawsuit. __ stated Officer Essert has been drinking at the residence of stated that Officer Essert has been drinking and hanging out at the residence lushed cighty (80) Percocet pills and a 1/8 of an ounce of marijuana. Angie said that she had proof of this from... sien, «who. nas contact with often because ~ has custodyof: son... takes - Son) for long weekends and keeps him overnight while does not visit or call her son at s nouse. During the conversation betweer and Sgt. Darty, __ offers to call on the phone and speak with her about these incidents, call”. on the phone and speaks with her about the rumors that are going on about officers being at her sister's house and things being said. Sgt. Darty speaks with on the speakerphone and identifies himself as the same, ahinks that Sgt. Darty is Officer Devers and Sgt. Darty has to assure that he is not Officer Devers and that he needs to speak with her about these problems at her sister's house. iked about how she was sure that Officer Essert and her sister were involved in 2 relationship because she had seen him there at the house and also seen text messages between the two of them that were more than just friends, _said that she was also receiving text messages from PO Essert pertaining to wanting to meet her at location inside Elmwood Place while he was working. “speaks about one time she met Officer Bssert at the parking lot next to a tall vacant building at the comer of Blade and Helen Street. stated that her sister. _ was scared for her life after the Elmwood Place Police Dept served the search ‘warrant at het residence because Officer Essert told her that the search warrant was what happens when people k with the Elmwood Place Police Dept.. did not understand this and said that Officer Essert also told hher that if she ever told anyone about what happened at her sisters house when they were meeting that the police would do the same to her house, Officer Essert then ask _if she lived in apartment eleven at her apartment building; which she does. says that this really scared her and wanted to nothing to do with Officer Essert from that point on. Sgt. Darty concluded the phone call and advised _that either him or an investigator ‘would be in contact with her regarding obtaining the text messages that she had from Officer Essert stored inElmwood Place Police Department 300 Maple Street Elmwood Place, Ohio 45216 Office (513) 242-0754 Fax (513) 242-0757 “Serving the Community Since 1890" her phone. stated that she would try to getahold of because —_ told her that she had like seventy something messages locked in her phone and that if anything happened to her to check her phone. «stated that the last time he contact her was on 5/4/2010 regarding calling the mayor about this whole ident, ‘On 5/6/2010 Cpl, Vanover tried numerous times to contact _—_via cell phone and she advised that she would stop in the police department and see Sgt. Darty so that photos could be taken of the text messages she had stored in her cell phone. never showed at the police department or called to have this completed. ‘On 5/7/2010 Cpl. Vanover made numerous attempts to locate —_and contact her via cell phone and text messages. After conversation with Chief Peskin, Cpl. Vanover and Chief Peskin attempted to locate at her residence at and there was not anyone home, _finally spoke with Cpl. ‘Vanover over the phone and was very itate that the officers were at her residence. Chief Peskin was able to speak with on the phone and she agreed to meet at a location in Surrey Square in Norwood. Chief Peskin and Cpl. Vanover met. at the Taco Bell in the Surrey Square parking lot. ‘This conversation was recorded via cell phone as —_ spoke with Chief Peskin and Cpl. Vanover inside the restaurant, —_says that Officer Essert was having a relationship with ‘and she knew all about it. Officer Essert told them that he was ‘married and his wife was a Cincinnati Police Officer in the downtown Cincinnati area. Officer Essert insisted that he was not happy in his married and was looking for something else. __said that she met hin once he then tried to contact her via text messages and wanted to meet with her inside Elmwood Place because he was working.. says that they met at the dead end of Helen Stroet in the parking lot (Ray Hamilton Movers Building) on three separate occasions. Two of the three times they met Officer Essert was in uniform and working on duty. The other time Officer Essert was in his personal vehicle; blue truck with window design on the back according to The incident when in his truck —__ says that she was sitting in his truck and he kept poking at her and ask if she would show him her breast and said no [am not like thet, says that incident occurred while Officer Essert was off duty and waiting to go back to work for mayor's court and he said he had a few minutes to meet her. ‘tated that once Officer Essert told her he was married she kind of backed off and didn’t meet him anymore or text him as often. She stated that the most recent text was when the chief questioned Officer Essert because the landlord told the mayor that Officer Essert was partying at - house. Officer Essert wanted 0 call the mayor and tell her that this wasn’t true and that he wouta ouy het lunch. This was proven because _nad saved that text message from Officer Essert in her cell phone under “Jessica”. However _shiowed that “Jessica” matched Officer Essert’s phone number that the Chief had on file for contact purposes. ‘ays that Officer Bssert told her to put that under Jessica ease someone got ahold of her cell phone. __spoke about Officer Essert taking her sister to breakfast and to lunch somewhere that she was not sure of. + says that told her that Officer Essert paid her gas and electric bill one month and got a $50.00 money order from United Dairy Farmers to pay that bill. told that she gave hima jobinthe apartment. __says that she knows for a fact that Officer Essert has driven in his police car to Wendy's on Vine Street in Hartwell, the United Dairy Farmers in Elmwood and the Save A Lot in St. Bernard; all while working. saysthat. told her about coming to the apartment and flushing the Percocet’s and the marijuana bnt she was not there when it . calls her brother on the phone and her brother;” —~ BRE speaks with the chief about the investigation. ells Chief Peskin that he was present at ‘apartment whep OfScos Essert came to the apartment to hang out and drink. says that her mother Gt has some of the text messages from. "s phone andiis sending them to _s cell phone so that the officers can read them and take pictures of them as well. This entire interview was recorded over numerous tracks and then converted and burnt to CD's for file copies. The interview with was completed and she advised she would keep in touch with the officer and she thanked them for helping her and her family though this incident.Elmwood Place Police Department 300 Maple Street Elmwood Place, Ohio 45216 ‘Office (513) 242-0754 Fax (513) 242-0757 “Serving the Community Since 1896" Chief Peskin, Sgt. Darty and Cpl. Vanover called Officer Devers to the police department to interview Officer Devers. This interview was taped and the contents are unrelated to the Officer Essert investigation. Officer Devers complaint was closed with unsubstantiated and the interview will be kept on file. Cpl. Vanover continued to call ‘cell phone and was able to speak with her on the phone. became very emotional and started crying because she was aftaid she was going to jail and that if she told ‘anyone about the relationship with Officer Essert that Officer Essert said he would have locked up. said that she is afraid because Officer Essert told her that he knows cops everywhere and that his wife is cop in district one and she would be on her as well. Cpl. Vanover assured her that this investigation was being handled and that she needed to meet with him as soon as possible. stated that she was going to call her sister and see if she would pick her up so she could meet with Cpl, Vanover about this investigation. The phone call was terminated and Cpl, Vanover advised. that_~=—= might be calling her. Neither ~_ nor Cpl. Vanover received a call back from ‘on this date. ‘On 5/8/2010 Cpl. Vanover received a call from Officer Hall from Cincinnati Police Dept that he had in custody with watrants from Elmwood Place and she advised him to call Cpl. Vanover. Officer Hall ‘was conficming the warrants and that hhad warrants from other agencies that he would call Cpl. Vanover back to sce what he would like to do with vn the Elmwood Place warrants. Cpl. Vanover never received acall back from Officer Hall to advise where ‘was transported to or released to. On 5/9/2010 Cpl. Vanover spoke with and ask if she had contact with over the weekend and she said she has not heard from her.._stated that she received a text message from Officer Essert that he wanted. to meet him while he was working in Elmwood. She questioned why he wanted to meet with her and he told her that he wants to pull herhair.. said that once he said that she did not send anything else back and he did not text her anymore after she did not reply. Cpl. Vanover advised _ that if there was ‘emergency at her residence caused by Officer Essert to call 911 and then call Cpl. Vanover and the appropriate action would occur. advised she would Keep in touch with the officers regarding this investigation. On 5/11/2010 Cpl. Vanover spoke with Chief Peskin about this investigation. Chief Peskin wished to have a written statement from + pertaining to the entire incident/ investigation and the text messages that sent to her mom to have them forwarded to ‘or fo Cpl. Vanover’s cell phone. Chief would also like to sce if she can obtain the text messages that she no longer had stored in her phone from I-phone website orservice provider. stated she would work on the needed things and email them to Cpl. Vanover as soon as she was completed. Chief Peskin and Cpl. Vanover spoke about the possibility of locating in the near future and her credibility to use her if criminal charges were filed. Chief Peskin requested summary of this investigation to be completed as soon as possible to this investigation could be reviewed by the mayor and village solicitor. The case summary was completed and forwarded to the Chief on 5/12/2010 at approx 0100 hours via email: with the clause that this case in ongoing with information still needed for criminal charges. ‘On 5/13/2010 Cpl. Vanover executed common pleas court order for phone records pertaining to this investigation. Two court orders were faxed to Cincinnati Bell for and phones. Verizon Wireless was also faxed a court order for Essert’s phone records, Kathy from Cincinnati Bell Wireless called back and advised that in order for the r/o to obtain the text messages that regular scarch warrant needed to be signed. The r/o advised that he would obtain the search warrant on the a.m. of 5/14/2010 and fax them but could the text be preserved from this date forward, Chief Peskin also spoke with mother, this date and made arrangements to speak with her on Monday 5/17/2010 at 1100 hours, Prior to this investigatior. ‘stated that forwarded numerous text messages to her stating that if something ever happened to her +o take the text messages to the police department. In the afternoon hours of 5/13/2010 Cpl. Vanover received the return of the court order and findings have been placed in the case file; copy to be made for the HCPO office.Elmwood Place Police Department 300 Maple Strect Elmwood Place, Ohio 45216 Office (513) 242-0754 Fax (513) 242-0757 “Serving the Community Since 1890” On 5/14/2010 Cpl. Vanover responded to court room A and spoke with Judge Mallory reference the search warrants, Judge Mallory signed and granted the search warrants; the search warrants were then faxed to Cincinnati Bell for execution. Cincinnati Bell returned the findings from the search warrants in the afternoon ‘hours via email to Cpl. Vanover. The text message search warrants were printed and placed into the case file and copies will be printed for the HCPO. On this date the r/o spoke with Sgt. Darty and Chief Peskin about this “ongoing investigation. Chief Peskin made the decision to have PO Essert called to the police department. PO Essert arrived in civilian clothes and Chief Peskin called Sgt. Darty and Cpl. Vanover into his office and advised PO Essert he was on paid administrative leave from this point on and he needed to surrender his identification card and badge. PO Essert stated that he did not have his badge with him and then tossed his police identification onto the chief desk. Chief Peskin then advised PO Essert that he was not to have contact with or from this point on and PO Essert advised that he did not even have their contact information. PO Essort was dismissed from the meetings and he exited the building. A short time later PO Essert contacted Chief Peskin via email requesting items to be sent to him reference his administrative leave. Chief Peskin advised PO Essert that since it was a criminal investigation he would not be obtaining any ‘paperwork from the Chief other than a letter advising him that he was on paid administrative leave. In the evening hours PO Essert sent Set. Darty a text message regarding his administrative leave asking if the criminal case was felony or misdemeanor and then stated that he would keep that conversation between Sgt. Darty and himself, Sgt. Darty stated he knew it was criminal and that he would discuss it further. At approx 2130 hours: Cpl. Vanover received a message fom —_stated that she just received a message from an unknown number (GEE) stated that he just killed called the number back and spoke with a male black who stated that stole his cell phone so he killed her. Cpl. Vanover found that the cell phone was a Cincinnati Bell telephone number and called the emergency phone line to locate the phone. The phone number returned to “Cpl. Vanover sent HCSO deputies to this residence to assure everything was ok and to see who owned the phone. Cpl. Vanover spoke with ‘who advised that number was en old number of hers but she has not had that phone in a long time, She stated that she would contact Cincinnati Bell Wireless and have this number removed from her name. Cpl. ‘Vanover adds that this incident was found to be unrelated to the investigation; but cell phone records will show the correspondence. On 5/14/2010 Cpl. Vanover attempted numerous times to speak with via cell phone and text messages over the last few days. alled Cpl. Vanover back at approx 0100 hours on 5/15/2010 and advised her cell phone had been stolen. Cpl. Vanover stated that he checked her residence because without contact for a few days the officers thought something might have been wrong, stated that her cell phone ‘was stolen and she had the phone numbers and things stored in her stolen phone. _spoke with Cpl. ‘Vanover about a conversation that occurred on Saturday 5/8/2010 between her and PO Essert. She stated that PO Essert text her and ask her to come visit him while he was working and that he was working til approx 0330 hours. stated that she told him that she was moving to Mt. Healthy with a friend. She stated that PO Essert told her to call her next time she wanted her hair pulled. _ stated she laughed it off and thought I can’t wait to tell Cpl, Vanover this story. _. stated that she called her next-door neighbor _—_who lives on the parking lot side of the building and told her she would not be staying at her apartment for awhile. told that she observed the blue truck with the flag painting on the back window parked in the parking about 0345 hours and it stays there for about an hour then the truck left the parking lot. _. found this to be odd especially since she had a conversation with PO Essert earlier in the night about him working til 0330 hours and her telling him she was moving. _folt as if PO Essert was checking to see if she really did move from her apartment or she was just lying to him.Elmwood Place Police Department 300 Maple Street Elmwood Place, Ohio 45216 Office (513) 242-0754 Fax (513) 242-0757 “Serving the Community Since 1890” On 5/15/2010 Cpl. Vanover responded to the Rest linn on Central Parkway in an attempt to locat since the death threat messages were sent last night from unknown source. Cpl. Vanover spoke with inroom at the Rest Inn; friends with stated that she did not know the number either but ‘was concerned with that message being sent. Another female white walked up and wanted to know who I was ooking for and I advised her same as before to everyone else. The female white known as” stated that she seen. this am. and she was alive and well. "stated she knew of a phone number to speak with and she would tell Cpl. Vanover where ‘was staying. Cpl. Vanover was able to obtain information fiom the female at the Rest inn after Cpl. Vanover advised he would pay her for information,” advised CpLVanover that wasstayingon —__Street and was able to get om the phone, | spoke with Cpl. Vanover on the phone and gave Cpl, Vanover her new cell phone number of 513-O= advised Vanover over the phone that she was staying at + and she would meet Cpl. Vanover at the Elmwood Place Police Dept at 1130 hours. Cpl. Vanover did not betteve this would occur and set surveillance on the residence at _ Street,» Was able to confirm this address being the address where her sister usually hangs out when she is not at the motels on Central Parkway. After waiting until approx 1215 hours Cpl. Vanover call PO Vonderhaar to the address and assist with the knock on the door to locate ‘inside the residence. The officer knocked on the door numerous times and no one would answer the door. PO Vonderhaar secured the detail and Cpl. Vanover continued surveillance on the residence. Cpl. ‘Vanover observed foot traffic to and from the residence and decided to knock on the door one last time, After ‘numerous attempts of knocking loudly on the door came to the door and opened the door. stated that she would speak with the officer at her residence but she was not comfortable going to the police department to talk. became very upset about speaking with the officer becauise she stated that she was not sure who she could trust or who was going to tell Chad where she was. Cpl. Vanover spoke with and the conversation was recorded via Cpl. Vanover’s cell phone. tated that she didn’t understand the search warrant and the destruction of her property. She stated that this is the reason she is so afraid of Chad at this point. She stated that Chad told her that her apartment was destroyed to show that she shouldn’t ck with the Elmwood Place Police Department. also stated that Chad told her that if she ever tried to tell anyone about their relationship that it would happen again to her wherever she was staying. stated that she was feared that if she spoke with Cpl. Vanover and the police about this that Chad would have her arrested or something would happen to her family. stated that she runs every time she sees a police car in Cincinnati because Chad told her if she got him in trouble he would have his wife and her Cincinnati officers looking for her. stated that she fears for her family and that is why she has failed to speak with the officers. goes on to tell Cpl. Vanover about the relationship that she had with PO Esser. stated that she and Chad had sexual intercourse numerous times at her apartment and spoke of numerous things that they have done together. ‘tated that Chad paid her gas and electric bill one month with a fifty-dollar money order that he bought from UDF in Elmwood Place, stated that on a Sunday that Chad worked by himself that he took hers in a marked eruiset, to lunch at Frisch’s in Hartwell. She stated that when she arrived at Frisch’s with Chad she started to sit in the front of the restaurant and the hostess said, “Your dating a cop and you didn’t know they sit in the back of the restaurant”. said that they left the restaurant and came back to the police department and she entered the police department through the side door that goes into what she says looked like a lunch room. She stated that there was a fridge with a television on top of it and then you go into another room and there is a desk with a black chair. She stated that Chad sat at the desk and looked up her dad on the Ohio Department of Rehab and Corrections website because Chad thought he was involved in a high speed chase with, dad before going to prison. «stated that the entire time at the police department Chad was trying to have sex with "and was slapping her on the butt while she was walking around the police department, says that they had to leave the police department because they had a loose dog or barking,Elmwood Place Police Department 300 Maple Street Elmwood Place, Ohio 45216 Office (513) 242-0754 Fax (513) 242-0757 “Serving the Community Since 1890” dog complaint at Highland and Locust or Highland and Lombardy. stated that Chad was at her residence ‘numerous times while on duty and off duty and there were marijuana bongs and marijuana around the house. sttsted that Chad has been there numerous times and they were involved sexually during these visits. * stated that she recalls the night of the Taylor Swift concert because Chad stayed at her house very late {nto the morning hours because his wife was working the concert detail for Cincinnati Police, stated she ‘was not sure why they executed a scarch warrant on her residence because Chad had been there numerous times before and seen the same things the officer took from her residence and charged her with, Cpl. Vanover called PO Vonderhaar back to the scene to complete the paperwork for recites for gave the recite to Cpl. Vanover that PO Essert gave her. advised Cpl, Vanover that the cell phone with all the text messages on it was stolen one night while she was staying at the Rest Inn ir ~ sroom but that her mother should have all the text messages on her cell phone because she sent them to ner mom to save them for her in case something happened to her. Cpl, Vanover completed the interview with i and she signed her recite and was released at the scene. ‘On 5/17/2010 Cpl. Vanover was able to possibly locate the Sunday morning that described to him on Saturday aftemoon. It appears that the Sunday that Officer Essert transported {o Frisch's was on 4/25/2010 in the early am. hours. Chief Peskin and Cpl. Vanover were able to locate Officer Essert and inside the police department as, deseribed to Cpl. Vanover. In the video you can see PO Essert sitting at the computer and then approaches from behind and shows Officer Essert something on the screen of the computer. This video confirms the story given by about being inside the police department. The video also shows PO Essert nor entering or exiting the potice department using the front door; they used the side door which is what also stated in her interview. Cpl. Vanover received a call from ‘mother. She stated her new cell phone provider is Cricket and Cricket only allows your phone to store 75 messages at a time. Once you reach 75 messages your phone deletes the oldest message in the phone. ‘Therefore the messages sent to her mother are no longer accessible to or the police to view to confirm the story of the relationship between and Officer Essert. Cpl. Vanover made phone calls to Bill ‘Anderson at the Hamilton County Prosecutor's Office for case consideration. Cpl. Vanover left a message for Bill Anderson and his voice mail advised that he would be out of the office until Thursday of that week. Cpl. ‘Vanover called and spoke with Mark Peipmeier and the case summary was faxed to Mark Peipmeier for review. ‘Mark Peipmeier called back on 5/19/2010 and advised that his office had reviewed the case summary and thinks ‘that this case would be handled best as administrative not criminal. Mark Peipmeier advised that it has a possibility of criminal charges but as of this point the administrative would be best but criminal is not out of the question. ‘On 5/17/2010 Cpl. Vanover received a call back from Chief Toth of the North College Hill Police . Cpl. Vanover called Chief Toth as instructed by the Hamilton County Prosecutor’s Office to obtain the personnel file of PO Essert while employed at the North College Police Dept. Cpl. Vanover advised Chief "Toth that a criminal investigation involving PO Essert was ongoing he was trying to obtain his file if possible. Chief Toth stated that PO Essert was terminated from the North College Hill Police Department for being untruthful, Chief Toth stated that there was questions raised regarding the truth about how probable cause was obtain for particular drug investigation that PO Essert was involved and that the original probable cause was not same probable cause presented when the case was presented court. Chief Toth advised that PO Essert advised them that he was discharged from the Marine Corp honorably; they found that it was a dishonorable discharge and PO Essert continued to give untruthful information to them about the discharge classification. Chief Toth advised that if the personnel file was needed to be copied once the criminal case was filed that he would comply and find the personnel file if really needed. Cpl. Vanover advised Chief Toth that he would be in contact with him if that were needed.Elmwood Place Police Department 300 Maple Street Elmwood Place, Ohio 45216 ‘Office (513) 242-0754 Fax (513) 242-0757 “Serving the Community Since 1890” On 5/20/2010 contact PO Essert and advised him he needed to meet with him as soon as possible and PO Essert advised he would like for his attomey to be present. PO Essert called Chief Peskin back and advised that he would be at the police department at 0830 on 5/21/2010 with his attomey present. Arrangements were made for proper staff to be present for this meeting with PO Essert and his attomey. ‘On 5/21/2010 PO Essert arrived without his attorney present and met with Chief Peskin and Cpl. Vanover in Chief Peskin’s office. PO Essert immediately stated that his attorney was in trial until the aftemoon this date and would like a chance to speak with his attomey after he is out of court before he makes any statements to Chief Peskin or Cpl. Vanover. Chief Peskin advised PO Essert that this investigation has gone from criminal to administrative and that there was no need for PO Essert to make a statement or to have his attomey present for him. Chief Peskin advised PO Essert that he was under “Garrity” since a supervisor was questioning him during an administrative hearing of sucb. Chief Peskin questioned Chad about his relationship with and Chad stated that he was having a relationship with but what he does outside of the police department is his business. Chief Peskin agreed but advised that PO Essert violated policy and procedure when his relationships were conducted while working as a police office in the Village of Elmwood Place. Chief Peskin confronted PO Essert with the allegation that he took to breakfast on a Sunday morning ina marked patrol vehicle. PO Essert stated that this did happen and he was not aware that this was a violation of the rules, PO Essert also admitted to being inside the police department that same day and using the back door to come and go fiom the police department with __. PO Essert admitted to Chief Peskin that did in fact have contact with and after Chief Peskin spoke with him on 5/3/2010 and PO Esser told Chief Peskin and Cpl. Vanover that he has never spoken with them. PO Essert also admitted that he offered to junch if he would call the mayor and straighten the issues out once he was confronted with them on 5/3/2010. PO Essert stated that this was prior to the conversation with Chief Peskin and Cpl. Vanover, Why would the conversation with .nd the mayor need to occur if PO Essert had not be questioned about this yot and then he stated that he spoke with "after being confronted by supervision and she offered to speak with the mayor and then he offered to buy her lunch to help settle the issues he was questioned about. The investigation revealed text messages from PO Essert to _tegarding her speaking to the mayor on the same day he was confronted (3/3/2010). PO Essert was questioned if he had spoken to the two of them between the time he was conftonted by Chief Peskin and now and he stated that he had once last weekend. PO Essert stated that she spoke with over text messages and they spoke about —_—_.noving to Mt. Healthy. PO Essert states that the conversation ocourred between them but that _nad contacted him first that date. The notion that had text PO Essert first was found not true by the text messages records recovered that show PO Essert text asking “hey stranger, what u up to?”; this message was sent from PO Essert to. on 78/2010 @ 12:45:51 hours. PO Essert insisted that he never text her first and she always text him first; obviously this is not the case this time and PO Essert insisted he just responded. Chief Peskin advised PO Essert that he has decided to terminate PO Essert from being employed by the Village of Elmwood Place Police Dept for all the reasons that have been brought up in this hearing. Chief Peskin also added two more reasons for his termination having to do with the prior internal investigation involving PO Chief Peskin advised PO Essert that when the last internal investigation was closed that he signed his write up after PO Essert’s attorney agreed to the findings in the write up. PO Essert agreed to complete a diversity class or sexual harassment in the work place class to be paid for by PO Essert himself; class still not attended or completed as of this date (5/21/2010). PO Essert also agreed to write a letter of apology to PO ‘egarding the incident of the internal investigation. PO advised Chief Peskin that she had not received the letter of apology from PO Essert as of 5/20/2010. PO Essert responded and advised that he was enrolled to take the class at Scarlet oaks but the class is not until June 2010. PO Essert agreed that the letter of apology had not been written to PO PO Essert stated that he did not have his badge withElmwood Place Police Department 300 Maple Street Elmwood Place, Ohio 45216 Office (513) 242-0754 Fax (513) 242-0757 “Serving the Community Since 1890” him that he would return his badge shortly to Chief Peskin. PO Essert was dismissed from the hearing and advised that if contact is made with or at this point it would be criminal since he has been advised to not contact them on two separate occasions at this point. Chief Peskin ask PO Essert if he had any questions regarding this termination and PO Esser stated that he did not have any questions. Shortly after PO Essert was terminated PO Essert sent an email to Mayor Stephanie Morgan requested an appeal of his termination. PO Essert then sent another letter via email to Mayor Stephanie Morgan stating that he was not sure why he was terminated and that he was not given a clear explanation of his termination. Chief Peskin advised that PO Essert was given numerous reasons for bis termination and given the chance to ask questions and he failed to do so. Mayor Stephanie Morgan called Chief Peskin and advised that PO Essert is appealing his termination to village council. Chief Peskin also adds that PO Essert violated Rule 1 of the 21 rules that constitute the Code of Conduct for all department personnel, Rule 1 is explained in the Eimwood Place Police Department Poticy and Procedure Manual from pages 2-7 to 2-9, Rule 1: tive Public. A. Business Necessity for This Rule 1. Allemployees of the Police Department will accept responsibility for their behavior whether on or off duty. 2. The character and behavior of law enforcement officers and employees is held to a higher rule than that of the private sector, Behavior that may be acceptable in the private sector may not be in the public sector. 3. Employees, especially sworn officers, must realize that they are under constant scrutiny whether on or off duty and conduct themselves accordingly. 4. The Police Department acknowledges the employee's rights to privacy, but must continuously balance rules to promote public trust and yet not infringe on the employee's righis. 5. The right to privacy does not obligate management to finance those rights at the cost of effective, efficient and safe operation of the organization. B. Enforcement Guidelines 1. Termination if public image is severely damaged. 2. Progressive discipline up to and including termination for other situations. C. Examples of Non-Violations ‘L. Non-criminal, off duty conduct or behavior that has no impact or probable impact on the effectiveness or efficiency of this organization. 2, Conduct off duty outside the community and its adjacent borders when the member is not identified with this organization may be an exception if the conduct is not discovered by the general public or does not become a matier of public record. 3. On-duty conduct or behavior that is questioned by a citizen and, through a formal ‘administrative response, honestly explained and justified by the business necessity of the Situation existing at the time.Elmwood Place Police Department 300 Maple Street Elmwood Place, Ohio 45216 Office (513) 242-0754 Pax (513) 242-0757 “Serving the Community Since 1890” D. Examples of Violations 1. Controversial conduct or behavior displayed on or off duty that brings about public criticism and causes the Chief of Police or other supervisory personnel to spend an uncommon amount of time and management cost to investigate or respond to the criticism. 2, The failure to present proper grooming, uniform or dress appearance while on duty or representing the Elmwood Place Police Department. 3. Falling to speak courteously to members of the public or treat them courteously; for example: a. Failing to give badge numbers when requested to do so. 5. Not letting violators ask: questions about points of law or about the nature of the offense for which they are charged. ¢. Culting violators off before they have demonstrated their intent to be uncooperative. 4. Failing to keep equipment exposed to public view clean and in proper order. 5. Using loud and crude language in front of the public when such language has a direct and detrimental impact on the public tmage. 6. A consistent complaint from the member's neighbors concerning the member's behavior as it relates to violations of law. 7. Failing to identify self, badge, and identification card and number to any member of the public. a. This does not include members who are working undercover or when such identification would endanger the member's safety. 8 Smoking or chewing tobacco while engaging with members of the general public while engaged in departmental business, conducting interviews or performing traffic duty. 9, Failing to keep financial debts and obligations from becoming a maifer of management concern, 10. Members who take criticisms to the general public, or the Village Mayor, without using the organization's internal grievance process and being unable to provide substantial evidence that ‘such action were in the public's best interest, when such actions cause the organization to suffer the public's loss of faith and trust. 11. Causing a scene in a restaurant when half off on meals or other favors are not provided. This may also involve a Conflict of Interest as outlined in Rule 7. Internal 02-10 will be closed with the finding of SUBSTANIATED and the disposition of the discipline being that PO Essert was terminated on numerous violations of department policy of the Village of Elmwood Place Police Department Policy and Procedure Manual.