Appeals backlog allows police officers to work after misconduct

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ATLANTA — An analysis of more than 15 years of police records has found that officers sanctioned for misconduct in Georgia routinely keep their badges and draw pay for years as their appeals languish in the state legal system.



The Atlanta Journal-Constitution and Channel 2 Action News reviewed more than 2,200 cases since 1997 and reported their findings Tuesday.

The investigation found instances of officers, including chiefs of police, continuing to work after being disciplined for actions such as drunken driving, falsifying police records, waving a gun in public or killing a recruit during training.

Officers are usually disciplined by their departments and the Peace Officer Standards and Training Council, a state body commonly called POST. The state council can impose sanctions up to stripping an officer’s police certification. But officers can appeal a POST ruling a state administrative law judge, a move that basically freezes the case.

The review found that the attorney general receives an average of 136 appeals per year from POST. But the attorney general’s office has just one paralegal and one attorney assigned to police discipline cases, and that lawyer also has other duties.

The average delay is five years.

A spokeswoman for Attorney General Sam Olens said her boss, who took office in January 2011, has overhauled the appeals process to prevent future backlogs.

The newspaper was unable to obtain comment from former Attorney General Thurbert Baker, who held the post from 1997 to 2011.

Meanwhile, officers continue in their jobs or get jobs with other law enforcement agencies, and sometimes get in trouble again.

In Morrow, Jeffrey C. Baker was accused of falsifying firearm training documents as chief of police. POST ruled in 2008 that he should lose his law enforcement certification. But he appealed and continued working. Three years later, one of his officers found the chief asleep in his police cruiser, parked at a stop light with beer cans strewn about the car.

Baker was charged with DUI. He resigned and relinquished his law enforcement certification.

Ken Vance, POST’s executive director, said his agency tracks the standing of every certified officer and makes that information available on its website. The information includes pending sanctions.

He said many departments around the state “have finally gotten the message” to do research on applicants, but he said he is worried that some departments may knowingly take a risk on an officer with a troubled record out of desperation to fill a vacancy.

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rmwhitley
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rmwhitley 11/21/12 - 06:16 pm
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Sam Olens is a good man.

Unpublished

He puts up with very little shenanigans and will deal with "public servants" misdeeds. He was excellent in Cobb county before taking over as Georgia's Attorney General. I generally have a very low regard for lowyers but wave it in Mr. Olens case.

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