City appeals officer discipline ruling; Chief Dies on Civil Service agenda

Police Chief Ronald Dies is appealing the Fire and Police Civil Service Board’s reversal of his discipline against one officer. Meanwhile, the board is being asked to consider an investigation of Dies.
The board ruled in May of this year that Dies waited too long to give Richard Abadie, Jr. five days off without pay as a result of an incident in February 2013.
A video of that traffic stop, in which it appeared that Abadie held a perp in a choke hold, entered the public realm in November 2013.
Dies suspended Abadie in January of this year. Abadie took his case to the board, saying provisions of the Police Officer’s Bill of Rights had been violated by Dies.
The board, after a lengthy hearing, agreed, saying Dies had 60 days to complete his investigation, and that the clock started running when the chief first saw the video on February.
Dies, in a petition filed by City Attorney Vernon McManus, asserts the board finding is wrong under the law.
The section in question, the petition says, declares that the Chief of Police shall initiate and complete an investigation within 60 days of “when a formal and written complaint is made” against any police employee or law enforcement officer.
The filing asserts that the formal and written complaint against Abadie was made by Dies for the first time on Nov. 26, 2013. “And, on Jan. 15, 2014, Chief Dies gave written notice to Officer Abadie at the end of the investigation - a period of time within sixty days of the start of the investigation.”
Neither the Fire and Police hearing nor the appeal petition argues whether Abadie’s actions were acceptable or not. The hearing, and the subsequent appeal, are about rules of procedure. The city’s insurer and the victim in the incident reached a settlement for an undisclosed amount.
While the Abadie case is now in district court, one involving another officer -- Raymond Mott -- may be back on the Civil Service Board’s plate this week.
An item on the agenda for the 5 p.m. Tuesday meeting calls for considering an investigation “into the actions of Police Chief Ronald Dies.”
That is related to the concern by some board members about Dies’ sworn testimony at a January hearing of the disciplinary appeals of Officers Raymond Mott and Stephanie Myers.
Dies prohibited both from working a security detail at Sunrise apartment complex. They claimed that was retaliation for a list of reasons. The board agreed and said they could return to the security detail.
Both have since moved from the apartments.
Mott has been on sick leave since last fall.