Complaints Against the Pomeroy Police Department and Chief Proffitt Brought to Council

Roads and Other Issues also Discussed

Next Meeting Scheduled for Monday, June 23

POMEROY – Questions about the conduct of Pomeroy Police Chief Mark Proffitt along with the Pomeroy Police Department were raised at the last council meeting along with an increase in the speed limit on Main Street and other issues.

Council meeting began with the approval of the May 27 meeting following some clarifications on changes with the speed limit change that will be implemented soon. The Ohio Department of Transportation had conducted a study of the main road through Pomeroy and had advised certain areas could have increased speed limits on East and West Main Streets also known as State Route 833. The change would mean from about Anderson McDaniel Funeral Home to Detweiller’s, the speed limit would change to 35 m.p.h. then to 30 m.p.h. and then to 25 m.p.h. in the downtown area. It would then increase from the downtown to 30, then 35 to the Bridge of Honor. The part of the road going under the bridge remains 25 m.p.h., however.

The Meigs Independent Press asked what the state study actually had said the speed limits could be on their recommendation. Mayor Jackie Welker said it varied depending on location. He said it was, “45 to 30 depending on the area of the downtown.”

Following the minutes, Crystal Parker addressed the Pomeroy Council presenting them with a petition of 181 signatures concerning allegations of police harassment. Parker told council members she owns a local cab company and is in Pomeroy a lot for business and personal reasons. She said that Pomeroy Police officers were tailgating her and others. She discussed an alleged inappropriate phone conversation in which Pomeroy Police Mark Proffitt was discussing Parker and others as well.

As Parker addressed the council with the concerns, Welker said, “I can not tell them how to police.”

She said it was the chief’s job to manage his employees, at which Mayor Welker agreed saying, “It is his job to watch his employees.”

He went on to question her about who the officer was, at which she responded she could point him out. She went on to explain that it was not just about her experiences, “It is also the 180 signatures that have also experienced the harassment,” she said.

At that point council member Victor Young said he felt the conversation needed to be between the mayor, the chief and Parker, not in the council meeting. She asked who was in charge of the chief. Council member Robert Payne said that in any town half the people are unhappy with the police department. Council member Luke Ortman asked about the petition and she said it was just a statement of the experiences people have had with harassment from the Pomeroy Police Department. Parker said it was the first step to bring the petition to council.

“I go through Syracuse, Rutland, Racine, Mason, I have never been pulled over or harassed. Middleport or the state patrol, never pulled over. That is on top of tailgating that happens every night,” she said. She added that she has pictures and video of the police officers as well.

At that point, Chief Proffitt said he would like to view the video. He said he knew they were being video taped. Parker said she had not attempted to hide that fact and that it was legal for her to do so.

Welker asked her what Parker wanted to see out of this and she stated she wanted to see a change. Welker said, “Council can’t do that.”

Further discussion followed. Payne questioned what the protocol was if police department conduct was called into question. Proffitt said it would be handled by the state attorney general. Parker indicated that she had already spoken with the State of Ohio Attorney General Mike DeWine’s office and this petition was the first step they recommended.

Parker stated it could effect business to Pomeroy if the issues she brought to council remained unchecked. At one point council member Young could be heard saying, “I think we need to just cut this off.”

The discussion continued including further complaints and those who were involved with experiencing issues with the Pomeroy Police Department. During that discourse, Proffitt made a statement concerning someone in attendance at the meeting.

“One of which has a warrant for his arrest for 26 counts of a crime that is in this room right now,” Proffitt said.

Parker said she did not know what he was talking about to which Proffitt responded, “You better think about it then.”

The Meigs Independent Press asked for clarification on the statement as it could be interpreted as a threat.

Proffitt responded, “That the person is going to be apprehended.”

The Meigs Independent Press again asked for clarification on the statement, but Chief Proffitt did not verbally respond. As further discussion proceeded with the council and Parker, Proffitt picked up his cell phone and made a phone call. Shortly after, a uniformed police officer appeared in the doorway of the council room.

Tracie Connolly addressed the council next saying she had bought into the Imagine Pomeroy concept and purchased a building to use as her business and residence downtown. She explained issues she had been having with the parking meters and parking permits. She said she had paid hundreds of dollars in parking tickets since moving to Pomeroy. She also said her son, Colin, had been pulled over 25 times in the past year. A brief discussion of the stops followed, but Connolly brought it back to the overall problems they had been experiencing.

“You know what we are trying to create here,” she said. She talked about the extensive renovations to the building on Main Street her family had made and the business they have. She said that they have to watch the parking meters constantly. She said she had discussions with Chief Proffitt and he said she needed to purchase a parking permit. She related that she was out of town on vacation during the weekend while an event happened on the parking lot. When she returned, her vehicle had been towed. The issue was resolved, but Connolly was unaware of the event happening and came home to deal with her vehicle being impounded.

Welker said that having a homeowner downtown is new as things are changing for Pomeroy. Welker said that they needed to address the issue and work to resolve it. Proffitt stated he had explained everything to Connolly when she was moving in and working on the building. He said she claimed ownership of six meters, which Connolly quickly said did not and his statement was untrue. She said that conversation was directly related to the renovations and worker’s vehicles. Proffitt said he gave her two weeks. Connolly said two weeks is not enough time for renovations. She said she had to pay tickets for all of the workers. She added that an officer had been seen waiting

“The whole Imagine Pomeroy thing had been so exciting to me, because I have been involved with it, and now it is just disheartening to even want to be here when I have people complaining. They don’t want to come into the shop. They don’t want to do anything because they fear getting a ticket,” she added that she could have stayed where she was instead of coming to Pomeroy to help make it better.

“You have created something,” Welker said as he commented on the Connolly’s efforts to make Pomeroy a better place.

Welker stated that they need to communicate with those having parking permits better. Annie Chapman asked if there was anything in writing concerning the parking meters and permits. She said that there should be written guidelines. Welker said it is pretty simple.

“It must not be simple,” Chapman said and Welker agreed it was not in this case. Connolly asked for relief of the situation. Welker said that there is a perception that the department writes a lot of tickets, but he maintained that they do not.

The Meigs Independent Press asked about the stops that were not issued tickets or fines if those were also logged. Chief Proffitt maintained everything was recorded on a database, but said that if the tag was run it would come back with that person’s name on the tag. He maintained that every stop was recorded.

Connolly continued that there have been incidents of having people visit her and after they leave her residence, her guests are almost always stopped by Pomeroy Police Department upon leaving. Welker advised her to get the name of the officers that stop them. He said they needed to work on it as more people are also living downtown.

The council also heard from a resident of Pleasant Ridge. Some discussion followed on doing something with the slips there. Welker and Paul Hellman were supposed to look at the area and report back to council on the issues with Pleasant Ridge. Hellman, the village administrator, quote some prices of possible fixes, but no action was taken. The village had applied for a grant to fix the road, but had been denied for it.

Sandra Thorla, also known as Pebbles, addressed the council concerning her lay off and sick time pay she said was due her. Thorla had worked as a meter enforcement officer with the Pomeroy Police Department for 20 and a half years. According to the paperwork provided by Thorla, she was laid off because of budget issues. Thorla stated that others had been given their opportunity to receive sick pay. She maintained that other employees received theirs the day the retired.

The solicitor for the village, Christopher Tenoliga, wrote an opinion stating the village did not have to pay her the sick time and was presented by Welker. Welker maintained they would be breaking the law if they paid her for the sick time.

Thorla also said she was only given one and a half hours notice of the lay off. Council member Ruth Spaun asked why Thorla had not been called back when the position was reinstated. Thorla said she had been told by Young and Welker that they would address the issue, but had not gotten back with her in weeks. Spaun said the issue that it had taken so long needed to be addressed. Young said they were waiting on word from the solicitor.

The Meigs Independent Press asked if the position she held existed today at which Welker answered was “yes.” The Meigs Independent Press then asked why she was not called back to which no one gave an answer. The Meigs Independent Press then asked who was hired for the position of the meter enforcement to which Welker answered, “Benjamin Young.” (Benjamin Young is the nephew of council member Victor Young. He had also been sent to training earlier in the year by the village for his position which was discussed at an earlier meeting.)

Thorla questioned Proffitt on other officers writing tickets and then the new hire without calling her back. Proffitt stated that it was not a conversation for that night. Spaun said she was asking for answers. Proffitt that was fine, but “it was not for the audience to hear.”

Spaun said they could go into executive session to discuss the matter. Thorla said she knew what Proffitt was going to say because she had been laid off and even fired, but was rehired. She said she worked several years after that.

The position was vacant for 15 months. She asked if it was vacant for that time period and then rehired, why was she not called back. Proffitt stated she had answered her own question. Thorla said that had nothing to do with it. Welker said he would not break the law to pay it. The discussion continued for awhile, but no action was taken.

Don May then addressed the council saying, “The patch job on Lincoln Heights sucks. That was sorry. It wasn’t even a good band aid.”

Hellman said they had not completed any patch work there to which May replied, “Heck if you haven’t.”

May questioned the work and asked what it would take to get the manholes taken care of properly in the road. Hellman responded that he didn’t know and May retorted with, “You are the one in charge, you should know.”

May stated there were issues with Mulberry and other areas as well. May said, “It doesn’t take a rocket scientist to understand to put a decent road in. We’re spending all this money for crap is what we are doing.”

Chapman said a storm sewer on Lincoln and other issues with drainage of rain water that were causing issues with the road as well. Welker said they would look at it.[box] “I want this on record. I don’t know what you guys are doing or where this money is going, but the asphalt and stuff should have been done right. It hasn’t been.” – Don May[/box]

May asked about Market Street and what was being done with it. Hellman said that they had just grated it. May said they did not. “I live there, I know better,” he continued, “I want this on record. I don’t know what you guys are doing or where this money is going, but the asphalt and stuff should have been done right. It hasn’t been.”

May commented on the issue with Thorla also saying, “She needs her damn money. That is crap and you know it,” adding, “right it right and wrong is wrong.” Welker then called the meeting back to order.

The issue with the Pomeroy parking lot and an evaluation by the Army Corps of Engineers was briefly discussed. The parking lot was inspected by engineers. The council is awaiting their official report on the matter, but the parking lot continues to have issues.

Hellman said Suddenlink and Verizon were working on moving lines to the other side of the street with that set to begin. Eventually, many of the poles on the river side of the street will be removed.

Chief Proffitt requested the purchase of a new color copier for the police department with two quotes being presented. A price of more than $6,000 was mentioned for the purchase price for one and another at over $2,700. Proffitt also said they could be leased. He said it could copy, fax, print, and so forth. The issue was referred to the finance committee.

Towards the end of the meeting, Parker asked what was going to happen with the petitions and the Pomeroy Police Department. Welker wanted to meet privately with her, but she said needs to be in the public due to the petition and concerns of citizens. She said if there were not going to changes, she wanted to file a formal complaint against Chief Proffitt. Payne said there needed to be a letter filed with the mayor.

Proffitt said he was okay with going into executive session at that moment, stating, “I have nothing to hide.”

Parker said she did not either. Parker was advised to write a letter. She had asked if there was a form for that, and they said there was not.

During open discussion, Spaun asked why there had been so many incidents of Pomeroy Police cruisers being in the Walmart parking lot in Pomeroy. Payne said he had heard of this as well, but no one was able to give dates and times.

Spaun then asked about a bumper piece missing off of the truck Hellman uses for village work. He maintained that the bumper was not off as they went back and forth on the issue. Spaun said she wanted to make sure that if there are any accidents with the vehicles, that it be reported properly according to the policy handbook.

Young said it was a work truck and it would be beat up. Spaun said it was the taxpayers money. Hellman said it was a plastic piece that could be popped back into place. Ortman said that if there is an accident, then it needed to be reported. Spaun said the fender was “dinged” and she wanted to know what had happened if it was a matter of accident or not.

Spaun then asked about what had been stated that Payne had a new residence and would be moving from the village.

“That is untrue,” he said.

Young asked about what was happening with the sale of the old police cruisers. Proffitt said they would be advertised for an upcoming auction.

The lease agreement with the auto parts store that shares the village building was discussed as well. The agreement is up and the terms are being discussed with the parent company of the store. No action was taken at that time.

The bills were approved and the meeting was adjourned.

Attending were Welker, Spaun, Payne, Ortman, and Young. Drew Reed and Phil Ohlinger were not present. The next meeting is scheduled for 7 p.m. at the Pomeroy Village Hall June 23.