ADMINISTRATIVE LEAVE FOR KELLEY? 02/23/2010

WE HAVE REPORTED ON RECENT CLEVELAND ADVOCATE NEWSPAPER ARTICLES CRITICIZING THE LIBERTY COUNTY SHERIFF’S DEPARTMENT FOR ALLOWING SHERIFF’S CAPTAIN HARRY KELLEY TO REMAIN ON ACTIVE DUTY WHILE HE IS THE SUBJECT OF A FEDERAL INVESTIGATION. THE CLEVELAND POLICE DEPARTMENT, THE SHERIFF’S OFFICE AND THE ATF HAVE CONFIRMED THERE IS ONGOING INVESTIGATION BY THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS INTO FIREARMS MISSING FROM THE PROPERTY ROOM OF THE CLEVELAND POLICE DEPARTMENT WHEN HARRY KELLEY WORKED THERE. WE HAVE ALREADY REPORTED ACCORDING TO SHERIFF’S DEPARTMENT PUBLIC INFORMATION OFFICER STEVE GREEN, THE SHERIFF’S DEPARTMENT CANNOT LEGALLY TAKE ANY DISCIPLINARY ACTION TOWARD CAPTAIN KELLY’S SUSPENSION FROM DUTY WITHOUT A FORMAL, WRITTEN COMPLAINT AGAINST HIM. WHILE CERTAINLY TRUE, VARIOUS SOURCES HAVE CONFIRMED FOR US THAT PARTICULAR LAW HOLDS ONLY IN THE CASE OF CITIZEN COMPLAINTS AGAINST A LAW ENFORCEMENT OFFICER. IN THIS CASE, THERE IS NO CITIZEN COMPLAINT, BUT OUR BEST INFORMATION INDICATES A LAW OFFICER CAN STILL BE PLACED ON ADMINISTRATIVE LEAVE – WITH PAY- PENDING THE OUTCOME OF THE INVESTIGATION. INFORMATION INDICATES THE EVIDENCE TO TAKE PERSONNEL ACTION SUCH AS PUTTING AN OFFICER ON ADMINISTRATIVE LEAVE IS NOT THE SAME AS IS PROOF IN A CRIMINAL COURT. SO THE QUESTION BECOMES EVEN THOUGH HARRY KELLEY HAS NOT BEEN CHARGED WITH A CRIME, COULDN’T SHERIFF HENRY PATTERSON PLACE CAPTAIN KELLEY ON ADMINISTRATIVE LEAVE, REMOVING HIM FROM PARTICIPATION IN ACTIONS SUCH A RECENT GAME ROOM RAID. SHERIFF’S DEPARTMENT SPOKESMAN STEVE GREEN SAYS NO. CAPTAIN GREEN, WHO IS HIMSELF AN ATTORNEY, SAID THE SHERIFF’S DEPARTMENT FELT ADMINISTRATIVE LEAVE IS NOT AN OPTION LEGALLY OPEN TO THEM, DUE TO INFORMATION FROM THE LIBERTY COUNTY ATTORNEY’S OFFICE IN REGARDS TO A PREVIOUS CASE. IT MUST BE POINTED OUT THE SHERIFF’S OFFICE HAS NOT CONTACTED THE COUNTY ATTORNEY’S OFFICE FOR ANY LEGAL OPINION ABOUT THIS FEDERAL INVESTIGATION OF HARRY KELLEY. SHERIFF’S CAPTAIN STEVE GREENE REFERRED TO AN EARLIER CASE INVOLVING THE SUSPENSION OF A SHERIFF’S DEPUTY WHEN CHARGED WITH DUI. CAPTAIN GREENE SAID IN THAT CASE, HE UNDERSTOOD THE COUNTY ATTORNEY’S OFFICE ADVISED THE SHERIFF’S DEPARTMENT THAT DEPUTY COULD NOT BE SUSPENDED WITH PAY, ONLY WITHOUT PAY. WE TALKED WITH LIBERTY COUNTY ATTORNEY WES HINCH, WHO DECLINED TO COMMENT ON ANY PREVIOUS CASE OR EVEN THIS ONE SINCE HIS OFFICE HAS NOT BEEN INVOLVED IN THE MATTER REGARDING HARRY KELLEY. THE COUNTY ATTORNEY DID SAY SITUATIONS LIKE THIS WERE VERY MUCH ADDRESSED CASE-BY- CASE BY HIS OFFICE. COUNTY ATTORNEY WES HINCH DID SAY THE SHERIFF’S DEPARTMENT HAS A SEPARATE SET OF EMPLOYMENT POLICIES THAN OTHER COUNTY OFFICES AND HE FELT THERE WERE GRAY AREAS IN THE SHERIFF’S DEPARTMENT POLICY THAT COULD STAND TO BE REVIEWED AND REVISED. MR. HINCH SAID SPEAKING ONLY FOR HIMSELF, IF AN EMPLOYEE IN HIS OFFICE WERE UNDER FEDERAL INVESTIGATION AND IF HE FELT THAT THEY DAMAGED THE INTEGRITY OF HIS OFFICE, THAT EMPLOYEE WOULD BE TERMINATED. AGAIN, MR. HINCH STRESSED HE COULD NOT SPEAK FOR SHERIFF PATTERSON, BUT DID INTEND TO CONTACT THE SHERIFF TO OFFER AN ASSISTANCE AND SUPPORT IN THE MATTER OF CAPTAIN HARRY KELLEY’S EMPLOYMENT THAT HE COULD. SO, WHILE INFORMATION WE WERE ABLE TO COMPILE INDICATES CAPTAIN HARRY KELLEY COULD BE PUT ON ADMINISTRATIVE LEAVE PENDING THE OUTCOME OF THE ATF INVESTIGATION AGAINST HIM WITHOUT BREAKING ANY STATE LAWS, SHERIFF’S DEPARTMENT SPOKESMAN STEVE GREEN DISAGREES, SAYING PREVIOUS RULINGS FROM THE COUNTY ATTORNEY’S OFFICE CALLS THAT OPTION INTO QUESTION. LIBERTY COUNTY ATTORNEY WES HINCH WOULD NOT CONFIRM SUCH A RULING BY HIS OFFICE IN THE PAST AND FELT IT WAS INAPPROPRIATE TO COMMENT ON THE CURRENT CASE WITHOUT BEING CONSULTED BY SHERIFF PATTERSON. IT APPEARS THEN QUESTIONS OF ADMINISTRATIVE LEAVE MIGHT, AT LEAST IN THE CASE, BE OPEN TO SOME INTERPRETATION. KELLEY REMAINS ON THE JOB WHILE BEING INVESTIGATED FOR POSSIBLY TAKING AS MANY AS 500 GUNS WHILE EMPLOYED BY THE CLEVELAND POLICE DEPARTMENT. ONLY HE AND NOW-SHERIFF HENRY PATTERSON REPORTEDLY HAD ACCESS TO THOSE WEAPONS AT THE CLEVELAND PD. FINALLY, AS A PART OF THE NEWS REPORT PUBLISHED BY THE CLEVELAND ADVOCATE NEWSPAPER, THE ADVOCATE REPORTER VANESSA BRASHIER CHARGED THAT HER PHONE CALLS TO SHERIFF HENRY PATTERSON TO ASK HIM ABOUT THE ATF INVESTIGATION OF CAPTAIN KELLY, WERE NOT RETURNED. KSHN RADIO CARRIED A NEWS RELEASE PREPARED BY SHERIFF’S DEPARTMENT SPOKESMAN STEVE GREEN CLAIMING THE ADVOCATE REPORTER NEVER TRIED TO CALL THE SHERIFF AND CHASTISED THE NEWSPAPER FOR THEIR JOURNALISTIC MISCONDUCT. THE ADVOCATE REPORTER TOLD ALL NINE NEWS MONDAY SHE HAS THE PHONE RECORDS OF HER UNANSWERED CALLS TO THE SHERIFF ON THE MATTER AND AGAIN STATED EMPHATICALLY THAT PATTERSON DID NOT RETURN THOSE CALLS FOR A COMMENT ON HARRY KELLEY’S STATUS.