Governor Ted Strickland |
Director Henry Guzman |
Colonel Richard H. Collins |
My sympathy to the Union which must now help protect their members from dismissal. No one is disagreeing the act was shocking (else the troopers would have fought the charges from the beginning) but now the debate will be "does the punishment fit the crime?"
A local law enforcement officer, identified as State Trooper Craig Franklin, wears a mock KKK costume. |
Sgt. Jason Demuth
By MIKE FITZPATRICK | Thursday April 10 2008, 11:32am
SANDUSKY REGISTER
Two troopers at the Sandusky post of the Ohio State Highway Patrol nearly lost their jobs after one snapped a photo of the other dressed up in a Ku Klux Klan-like outfit and sent the picture to another trooper.
The third trooper, who worked at the Norwalk post, was also in hot water for his role in the incident.
The picture was taken with a cell phone camera at the Sandusky post on Jan. 20, 2008 -- the day before the national holiday to honor slain civil rights leader Dr. Martin Luther King Jr.
Troopers Eric E. Wlodarsky and Craig T. Franklin, who were both on duty at the time, told an investigator the picture was taken as a joke and modeled after a skit by comedian Dave Chappelle.
The investigation began when the highway patrol's Administrative Investigative Unit received an anonymous letter postmarked Jan. 22 from Mansfield.
In the letter were two photographs of uniformed Franklin "in a handmade outfit, which resembles that worn by Ku Klux Klan" members, according to an interoffice memo.
Also included in the envelope was a note that read "Sergeant Wlodarsky on duty at the Sandusky Post on January 20, 2008. What a way to represent the Ohio State Highway Patrol!"
Franklin, a 12-year veteran, is pictured "with a white cone sitting on his head, white paper mask with eye holes in front of his face and white cloth covering the shoulders," according to a patrol document.
The well-known KKK outfit with a white hood and mask is an iconic image of racism.
The report added that one can see equipment including "a handgun holster, vehicle audio microphone, double magazine holder, mace holder and radio as issued by the Ohio State Highway Patrol."
'WITH A JOKING INTENT'
Wlodarsky told an investigator he forwarded the picture via text message to Sgt. Jason P. Demuth at the Norwalk post.
Demuth forwarded the picture to dispatcher Gaby Highlander, who works at the Toledo post, according to an investigation by Sgt. Jeffrey P. Bernard.
Wlodarsky told an investigator there was "no malicious intent" behind the picture and Franklin was a "joker" and posed for the picture "with a joking intent."
Franklin, Wlodarsky, another trooper and a dispatcher were discussing MLK Day at the post on the day the picture was taken.
Wlodarsky told the investigator it was "his bad" to allow Franklin to dress up in the Klan garb.
"Sgt. Wlodarsky said there was no specific reference to the outfit looking like KKK, but supposes it would to the average person," Bernard wrote in his report. "He said after Franklin had thrown the outfit away, he told Franklin the gesture was not the best thing to do at work or in general."
The idea to dress up in the Klan outfit was hatched from a skit done by Chappelle, a black male comedian, Franklin told Bernard. Bernard wrote in his report he was able to find the skit on the Internet.
Franklin told investigators he was in the outfit for about a minute and "truly sorry." He admitted "it was the wrong thing to do" and was "embarrassed that he did it," Bernard wrote in the report.
DISCIPLINARY MEASURES
Henry Guzman, director of Ohio Department of Public Safety, intended to fire both Wlodarsky and Franklin based on Bernard's investigation.
Thanks to their union contract, both were allowed to keep their jobs under a "last chance discipline agreement," following a pre-disciplinary hearing March 24.
The agreement provides an employee a last chance to correct his behavior. The employee can be fired if he violates patrol rules in the next two years. If an officer who enters into the agreement maintains a clean record for that period of time, record of the incident will be wiped from his record.
Both Wlodarsky and Franklin will be terminated if they violate rules of "conduct becoming an officer," a patrol spokesman said. He said conduct issues are "very broad."
Wlodarsky was demoted from sergeant to trooper and transferred to the Norwalk post. He can never be reassigned to the Sandusky post and must attend a diversity awareness class.
Franklin was placed on a five-day unpaid suspension. He must also attend diversity awareness training, according to patrol documents.
Demuth was given a one-day suspension for failing to report the incident to a supervisor and forwarding the photo to a subordinate.
"Obviously, we're extremely disappointed in the action of the three officers," said Lt. Shawn Davis, a spokesman for the patrol. "This kind of conduct cannot and will not be tolerated."
STATEWIDE REACTION
Thirteen troopers are assigned to the Sandusky post, which patrols highways in Erie and Ottawa counties. None of the 13 are black.
The patrol worked swiftly to investigate the incident, realizing the sensitivity of the issue, Davis said.
"It's not acceptable," he said. "That's why we took action."
Lt. Greg Greggila supervised Wlodarsky and Demuth at the Sandusky post.
"I've never had a problem with them, they are good officers," Greggila said. "They made a mistake and unfortunately they got what was coming to them as a result of that."
Greggila said neither man is a racist.
The state attorney general's office does not plan to look at the case as a potential hate crime, said spokesman Ted Hart.
"If a local police department or prosecutor asked us to look at it, that is something that we would take a look at," he said. "We would not step in on our own."
Gov. Ted Strickland knew of the picture, said Keith Dailey, a spokesman for the governor.
"The governor was extremely disappointed to learn of these troopers' actions," Dailey said, adding Strickland called the actions of the troopers "inappropriate" and "unacceptable."
None of the troopers had been in trouble prior to the Jan. 20 incident, according to documents released to the Register.
Wlodarsky was involved in a preventable patrol car crash when he ran into the rear of a semi truck that was stopped for a school bus. He was given a verbal reprimand for that incident.
The personnel records for Franklin and Demuth showed no entries prior to the KKK prank.
Davis could not recall any similar incidents at other patrol posts.
He said minorities should not lose faith in the patrol, despite the inflammatory nature of the picture.
"The integrity of the patrol is held to a high standard and is something that concerns us," Davis said. "These three (officers' actions) don't represent the 1,500 hard-working men of the highway patrol."
TO COMMENT ON THIS STORY, CLICK HERE:
Sandusky Register - Monday April 28 2008, 2:25am
Gov. Ted Strickland sent a strong message Tuesday: Racism will not be tolerated in the ranks of the Ohio State Patrol. It's a message we hope is heard loud and clear in every police department and every sheriff's office across the state.
Strickland ordered his public safety director to begin proceedings to immediately terminate Sgt. Eric E. Wlodarsky and Trooper Craig Franklin for what he called "disgraceful conduct."
Franklin posed for a photo wearing a makes-shift Ku Klux Klan costume over his uniform while on duty at the Sandusky Post of the Highway Patrol. Wlodarsky snapped the photo and sent it via a cell phone to another state trooper.
It was all a joke, they said. A joke that turned out likely costing Wlodarsky and Franklin their jobs, and rightly so.
Police officers must adhere to a higher standard and
these two fell far short of that bar. Strickland's order to terminate was right,
and the message it sends needs to be heard loud and clear by every police
officer and especially those who operate on the same lower level where Wlodarsky
and Franklin played out their joke
Sandusky patrol post commander wants to step down (click on picture for story)
Sandusky OHP Troopers Disciplined for KKK-like Photograph
SANDUSKY REGISTER
VIEWPOINT: Troopers need to police their own
Sunday April 20 2008, 1:04am
The Ohio State Highway Patrol ordered two troopers to
undergo "diversity counseling" after one of the officers donned a make-shift Ku
Klux Klan robe and hood, and the other snapped cell phone photos and shared the
joke while on duty, Jan. 19.
The troopers were initially fired and then re-assigned
after union arbitration hearings were conducted.
The diversity training is a good option for minor
transgressions, but it's unlikely these adult men can benefit from that training
at this point in their lives.
Tolerance is not something easily learned if they don't
know by now that mocking a hate group and using obscene language to describe
members of a minority community is unacceptable. The local NAACP has called for
the resignations of troopers Eric Wlodarsky and Craig Franklin, and we echo that
call.
The union fulfilled its function by returning the KKK
troopers to their jobs, but that does not mean the law enforcement professionals
they work with should simply accept them back with open arms.
Diversity training is an everyday duty of police officers.
Officers face strong stereotypes in their workplace, which makes it all the more
important they possess a proper perspective of minorities.
The KKK prank shows these two officers do not possess that
proper perspective, and that handicaps each of them tremendously.
The lack of sensitivity, at best, all but renders these
officers unfit for duty. We hope their colleagues should not hesitate to make
this apparent, just as the local branch of the NAACP.
The patrol was right in initially firing these officers,
and the union was right in protecting its members.
But now is the time for other law enforcement
professionals to make it clear: Stupidity is unacceptable among the ranks.
4.22.08 - Governor Strickland Recommends Termination of Two
Troopers Involved in Sandusky Post Incident
|
Breaking News: Two State Troopers Placed On Leave Pending Termination
Tuesday, April 22, 2008: Comments from the Webmaster: Hopefully, the state has not damaged their
position by taking a less stringent action originally. As I commented in a
previous post in the forum, I often think the lawyers and the HR staff often
take the road to least resistance in dealing with serious matters of this type.
I am not familiar with the particular "collective bargaining" agreement between
the state and the Union representing the Patrol, but the ones I have seen in the
past for the department ALWAYS permit dismissal if the action of the employee
were so reprehensible that termination is the only appropriate response. Yes, it
will be time-consuming, expensive perhaps, and without a guaranteed conclusion,
but sometimes I think state agencies should be more aggressive in pursuing these
matters. Even if the state looses the termination case ultimately, it is certain
that some type of severe punishment was warranted and that will be a punishment.
In the meantime, the Governor, Director Guzman and Colonel Collins have sent a
clear message that this type of behavior is not tolerated by this
administration. I notice on the Patrol's stationary, that they are celebrating
75 years of service. They have been embarrassed and ridiculed in the media (both
print and television), on blogs nationwide and websites because of the actions
of these 3 troopers. Google the story if you wish.
The only issue that remains unclear to me is one that was asked here in a post.
Why was Sgt. Eric Wlodarsky comfortable in sending the picture to Sgt. Demuth
who in turn forwarded the pictures to other(s) and did not report the incident
himself. He clearly wasn't expecting Sgt. Demuth to turn him in (and he didn't)
so what is Sgt. Demuth's culpability in all of this? Is it not more serious then
a 1 day suspension?
Regardless, kudos to Governor Strickland, Director Guzman and Colonel Collins
for further evaluating this matter and taking the action they did after further
deliberation on their part on an abhorrent act. It appears from the news
release from the Governor, that he exercised his authority and mandated this
action.
Governor Ted Strickland |
Director Henry Guzman |
Colonel Richard H. Collins |
My sympathy to the Union which must now help protect their members from dismissal. No one is disagreeing the act was rephrensible (else the troopers would have fought the charges from the beginning) but now the debate will be "does the punishment fit the crime?"