Former Miami Twp. Deputy Chief of Police John DiPietro said Wednesday that township officials did not submit a full transcript of his disciplinary hearings, as required by the administrative appeal in Montgomery County Common Pleas Court. Miami Twp. officials said the first day was not recorded due to “human error.”
DiPietro was fired earlier this year for conduct relating to him hosing down a naked 17-year-old girl after she was pepper-sprayed. He filed an administrative appeal days after his firing. In a statement released Wednesday through his attorney’s office, DiPietro said his due process rights were violated and that the important information not submitted included the cross-examination of Tom Flanders, who wrote the Montgomery County Sheriff’s Office internal investigation report.
“The Miami Township Board of Trustees, through their attorneys, filed a partial transcript of the disciplinary hearing that resulted in my wrongful termination,” DiPietro’s statement said. “The Board of Trustees was required to record the proceedings and file a complete transcript with the Montgomery County Common Pleas Court.”
His attorney, Richard Lipowicz, told the Dayton Daily News that township officials were unable to locate the recording from the first day of hearings. The hearing was held on multiple days from November to February.
Tracy Williams, Miami Twp.’s interim administrator, said: “It was discovered that there was a clerical error on the first day of the hearings last November and that it was not recorded. Our IT consultant has confirmed it was a human error with activation of the recording equipment. The other three days of hearings were recorded and those transcripts have been submitted. The resolution of this recording error will be addressed by the attorneys and the court.”