“Permanent suspension” of Pomeroy police officer leads to legal action against village

POMEROY – The “permanent suspension” of an officer has led to the filing of legal action against the Village of Pomeroy and Pomeroy Village Council.

A “Notice of Appeal of Village Council Decision” has been filed in the Meigs County Court of Common Pleas Civil Division. The case was filed September 15, 2016 over the “permanent suspension of officer Bradley G. Larsen. The filing requests the court to find “the Village Council was without jurisdiction to remove the Appellant (Larsen) and restore him to full duty with all make whole benefits and wages.”

Larsen had been serving the village as an officer with the Pomeroy Police Department until Chief Mark Proffitt placed him on “permanent suspension” on August 14, 2016. No details were included in the letter of suspension and Larsen was “verbally advised” that he could appeal the suspension at the September 6 meeting of council. Larsen appeared to make his appeal with his attorney, Daniel H. Klos.

Klos informed council that they cannot “permanently suspend” Larsen as there is no such designation allowed for in the Ohio Revised Code. He also said proper procedure had not been followed in suspending or terminating Larsen’s employment with the Village of Pomeroy. He asked for Larsen to be reinstated with back pay and benefits intact. Part of the discussion which followed included the fact Larsen had not received any paperwork on the matter detailing among other things the reason for his “permanent suspension.” After Mayor Bryan Shank excused himself from the meeting, which was still in open session, he eventually produced an “original, marked copy” according to Klos.

Discussion followed as to if the council would hear the appeal which included talk of tabling the matter until the next meeting. Larsen also requested to have the discussion and appeal in open session of the council meeting.

“I want our attorney present,” council member Mo Hennessey said.

Klos went on to explain that tabling it was not an option. According to Klos, they knew the appeal was to be tonight as did his client. His client came prepared and it was their responsibility to also be prepared.

Various members of the council said they were unaware that there would be an appeal to the decision to “permanent suspension” of Larsen.

Hennessey noted that they should have been prepared. “We should have been,” she said.

“This man’s job is on the line. He has six kids,” Klos said as he once again requested that the appeal be heard by council.

Klos cited several cases as to why his client should be reinstated as there were “no facts against him” with paperwork not being according to Ohio employment law. Following several recesses from the meeting for the mayor and the police chief to find paperwork, council finally heard Larsen’s appeal.

Klos asked for his client to be sworn in under oath, which council said was not necessary. Klos spelled out while interviewing Larsen that the proper procedure had not been followed and as to date, his client had not received any paperwork detailing the reason for his “permanent suspension” including that evening which was the first they had seen of the document. It still lacked any details as to reasons for suspension.

Council president, Phil Ohlinger, made the motion to uphold the previously mentioned suspension. Ruth Spaun questioned the original suspension as to why Larsen had been suspended in the first place. She was not answered and the vote proceeded following a second to the motion to uphold the “permanent suspension” of Larsen from the Pomeroy Police Department.

Those voting to uphold the suspension were council members Hennessy, Ohlinger, Don Anderson, and Vic Young. Council members Spaun and Nick Michael abstained from voting. The motion passed with a two-thirds majority, Mayor Shank told Larsen that according to the vote, he was no longer employed.

Larsen’s attorney then filed the appeal.

The Meigs Independent Press will continue to follow this developing story.