NEWS

Everson testifies Moore's actions hurt relationships

Gazette staff

Reporter Caitlin Turner is live-tweeting day two of the hearing Thursday. Follow her @Cait_E_Turner or follow updates with the hashtag #cgnow.

CHILLICOTHE – With day one of former Chillicothe Police Chief Roger Moore's termination appeal hearing complete, the case is set to continue Thursday with witnesses called by Moore's attorney, Paige McMahon.

The trial board to which Moore is appealing his August termination on the basis of insubordination, malfeasance and failure of good behavior consists of Civil Service Commission member James Cutright, Zion Baptist Church Pastor Troy Gray and former Ross County Common Pleas Judge Jhan Corzine.

Wednesday's testimony came from Moore, Sheriff George Lavender, Chillicothe City Schools Superintendent Jon Saxton, Safety Service Director Michael Green and Chillicothe Mayor Jack Everson.

Everson testified that rebuilding relationships had to be done with two notable local officials as the result of Moore's actions.

The incident that led to Moore's being placed on leave and eventually being terminated in August involved letters he had written to Lavender and Saxton. One letter was critical of the sheriff's office's failure to notify city police of an undercover operation going on in the city; the other upset with the schools chief for not involving Moore in the discussion of school safety plans. Both officials expressed concerns to Everson regarding the tone of the letters, and the chief was told to draft letters of apology to each.

Everson said he felt the resulting apology letters lacked sincerity and violated his directive because, as city attorney Patrick Kasson said in his opening statement Wednesday morning, they would have "napalmed" the relationships with the sheriff and superintendent. The alleged insubordination triggered the leave and eventual termination.

During his own testimony offered before the panel Wednesday, Moore claimed the letters were "the best I could give" under threat of a one-day suspension from the mayor, and he said if Everson had threatened termination, his response may have been different.

"I didn't care who was right or wrong, but we had to take steps to repair these relationships on our end," Everson said of his order to write the apology letters.

Everson also addressed other incidents he felt cast the city in a negative light and defended his decision to require the chief to create the Operation Standup program to combat drugs in the city rather than mandate that he serve a one-day suspension.

As part of his morning testimony, Moore also disputed accusations he had ever called the sheriff paranoid or power hungry in front of any other city or county employees and claimed he did not realize the mayor had no authority over the sheriff or superintendent.

Kasson claimed Moore's testimony about Everson's authority differed from what he had said in an earlier deposition and had the former chief read from the deposition his admission that he did understand where Everson's authority rested.

Lavender was called to offer his testimony in the matter and said Moore had called him "paranoid and crazy" in front of staff from both the police department and sheriff's office after he had refused Moore's request for night vision goggles and access to the sheriff's office computers.

The sheriff also said their working relationship was strained and that Moore had asked the sheriff's office to stay out of criminal investigations within the city.

"He did in the aspect that I had enough crime in the county and he'd take care of the city," Lavender said, adding that relationships between the two departments have improved dramatically since Moore's dismissal.

Moore's attorney, Paige McMahon, asked Lavender whether he had ever threatened Moore, which the sheriff denied, and questioned why the sheriff's office rarely filed deconfliction reports with Moore's office to let city police know they would be conducting operations inside the city.

Lavender said the reports do not equate to asking for permission to conduct an operation in another jurisdiction and that there are legitimate reasons why the reports may not be filed.

While Moore was on the stand, Kasson also touched on a verbal altercation outside the Cozy Inn while the then-chief was off duty and a situation involving Equal Employment Opportunity Director Tamra Lowe in which Moore had tried to get a complaint form from Lowe's office and the two exchanged words that eventually resulted in Lowe calling 911 in an effort to get the chief to leave her office.

During his testimony, Saxton told the board he and Moore had set out to create a safety plan for city schools in case of an emergency. Saxton said Moore offered suggestions for the plan, some of which were impossible because of budget constraints in January 2013.

After months of no communication between Moore and Saxton concerning the safety plan, Saxton said he followed up with other members of the police department to create one by August 2014.

Green's testimony to the commission outlined, in his opinion, a history of Moore not showing remorse or a willingness to change behavior.

Kasson's main argument to the commission described Moore as the "common denominator," in reference to the past issues that had taken place between him and city, county and school employees.

McMahon countered Kasson's argument by talking about Moore's lack of punishment along the way other than a letter Everson had written counseling Moore of his behavior following the Cozy Inn incident, even though he had publicly announced Moore was to receive a one-day suspension. McMahon said Everson jumped straight to termination without progressive discipline being followed.

Corzine said there is no timeline for when a recommendation from the Civil Service Commission will be completed after the hearing is over. Closing arguments could come orally Thursday or Friday, or in a written format.

Written closing arguments could take between 10 days to two weeks to be turned in to the commission, Corzine said.