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State ex rel Ohio Patrolmen's Benevolent Association v. City of Mentor

8/16/2000

officers complained about the incidents. After receiving an evaluation of the investigative records concluding that Staton "showed a grave lapse of judgment and a reckless disregard for the health and welfare of the officers under his watch," Amiott issued a proposed disciplinary action against Staton, recommending Staton's demotion to the rank of patrol officer and declaring him ineligible for promotion for five years.


On August 3, 1999, Amiott received a statement signed by twenty Mentor police officers in which they admitted having knowledge of the arm-burning incidents and requested that they be added to the list of officers who allegedly failed to report the incidents, in violation of police department rules. Amiott continued the investigation because of the new statement.


Internal Affairs Investigation: Spetrino Citizen's Complaint


In February 1999, Amiott reviewed a citizen's complaint filed by William M. Spetrino against certain Mentor police officers and ordered an investigation. In July 1999, Officer Grein requested access to these investigative records. Amiott denied Grein's request because the investigation had not been completed. According to Amiott, the investigation "involves multiple acts of criminal conduct, and will likely lead to the filing of criminal charges."


Payroll and Overtime Records


In February 1999, OPBA requested access from respondent Mentor Assistant City Manager Dan Graybill to the following records:


"1) For the period of November, 1996 through and including October 1998, all records, documents or other written instruments reflecting use of sick leave by each employee of the Mentor Police Department including all ranking officers, the Police Chief, and the two (2) Police Captains.


"2) For the calendar years of 1996, 1997, and 1998, a listing of or other documentation of all training or instructional programs attended by any member of the Mentor Police department including the Police Chief and the two (2) Police Captains.


"3) Any memorandum or other written document that relates to `the review' as referenced in the Mentor Police Department memorandum `PD99-004.'


"4) All performance evaluations for the calendar year 1997 for all Mentor Police Department patrolmen.


"5) All documents including, but not limited to, payroll records, that relate to all monies paid to * * * or benefits provided to former City employees, Richard M. Lynch, Thomas Fracci and Joseph Koziol during or following their last year of employment with the City of Mentor."


On March 16, 1999, Amiott provided access to most of the requested records.


In April 1999, OPBA requested the following additional records concerning Amiott and his two police captains: (1) all time records showing that overtime was actually worked, (2) all requests for authorization to work in excess of forty hours per week, and (3) all requests for permission to use compensatory time. OPBA repeated its request for these records in May 1999. The latter two categories of records in OPBA's April and May 1999 requests do not exist.


Mandamus


In August 1999, relators, OPBA and Mentor Police Officers Grein and Baker, filed this action for a writ of mandamus to compel respondents, city of Mentor, Mentor Police Department, Mentor Police Chief Amiott, Mentor City Manager Julian Suso, and Mentor Assistant City Manager Dan Graybill, to provide access to the internal affairs investigative reports on the purported hazing incidents and the Spetrino complaint, as well as the requested payroll and overtime records. Relators also requested attorney fees and costs. We referred

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