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Cleveland police officer arrested on charges of insurance fraudCleveland firefighter arrested, charged with public intoxication, enticing a minor
CLEVELAND, Tenn. - Several unresolved disciplinary matters involving Cleveland police officers are getting closer to their resolutions after the city recently amended its personnel policy.
Today, the Cleveland City Council will hold a called session at noon to vote whether to hire an attorney to hear employee disciplinary appeals and to hire attorney Gregory Grisham, a Nashville workplace law specialist, to represent the city at those hearings.
On Wednesday, police department spokeswoman Evie West confirmed by email that newly-sworn in Chief Mark Gibson was undertaking disciplinary actions.
"Chief Gibson is dealing with the disciplinary matters as we speak," West said of actions pertaining to Officer Edwin Millan, who was indicted and arrested Sept. 16 on charges of insurance fraud over $10,000 in relation to the theft and arson of his personal car.
More details on disciplinary actions may be made available today, she said.
On Monday, the Cleveland City Council voted 7-0 to change city policy on employee appeals of separations and disciplinary actions and to reaffirm existing policy allowing department heads to suspend employees without pay.
Although Councilman Richard Banks did not identify Millan by name, he made it clear that he wanted Gibson to be able to immediately suspend without pay the officer "who burned his car."
Banks repeatedly has called for personnel policy changes that would allow the police chief to "hire and fire." The city charter gives the city manager hiring, firing and disciplinary power.
But the current policy is being contested in court by employees who say they were deprived of due process when the city manager both imposed their discipline and then acted as hearing officer for their appeals. Earlier this year, Chancellor Jerri S. Bryant ruled in favor of a former firefighter who said his firing violated his due process and other rights.
This summer, police Lt. Steve Tyson and Officer Jeffrey Griggs also challenged the appeals process, arguing that it was unfair for Casteel to both impose discipline and be the hearing officer for their appeals.
They took the matter to the court after Casteel upheld previous disciplinary actions she took against the officers in connection with a highly publicized investigation involving an affair between then-Chief Dennis Maddux and Griggs' wife earlier this year.
In the meantime, city officials have said they need a workable policy for employee discipline. The amended appeals policy calls for a third-party attorney to conduct employee appeal hearings, rather than the city manager.
"I think we have common goals," City Manager Janice Casteel said. "No one wants to pay an employee who has been suspended."
In early August, officers Carlton Walls and Chad Nave were placed on leave over allegations that they had extramarital affairs with two women they met while in the line of duty - one who filed a domestic abuse report and another who participated in a police ride-along program.
It has not been announced if investigations of those allegations have concluded or if disciplinary action will be taken against the two officers.
Paul Leach is based in Cleveland. Email him at paul.leach.press@gmail.com.