However, no matter what the state probe determines, the city failed to initiate administrative discipline within the required time frame in the police union’s contract, said Kyle Thomas, president of the Dayton Fraternal Order of Police.
The Dayton Daily News asked the Dayton Police Department and the city about the union’s position. The city did not answer the questions, but issued a statement saying it takes all allegations of misconduct seriously.
16 months ago
In August 2024, the Dayton Police Department announced that the agency learned about potential criminal allegations against multiple officers. The department said the officers in question were transferred to non-enforcement duties until an investigation is completed.
Chief Afzal asked the Ohio Bureau of Criminal Investigation to investigate the allegations. The police department also said an independent administrative investigation would be conducted.
Steve Irwin, press secretary for Ohio Attorney General Dave Yost, recently told the Dayton Daily News that the Bureau of Criminal Investigation’s probe is active and ongoing.
“Once BCI’s investigation is completed, it will be referred to the county prosecutor’s office,” Irwin said.
BCI denied this news outlet’s request for records in the case, saying they are confidential law enforcement investigatory documents. The Dayton Police Department did not directly answer questions from this news outlet about the status of the investigation and other details.
Credit: Bryant Billing
Credit: Bryant Billing
The city and BCI have not identified which officers are under investigation, nor have they confirmed how many police personnel were subjects of the probe.
FOP President Thomas said the union has filed a grievance concerning the officers in this matter that is pending and headed to arbitration. He said city management can take no administrative action against the employees because the disciplinary time limits in the union’s contract were not met.
The contract says that once an employee is notified by the police department that he or she is under investigation the agency has 480 work hours to serve formal charges or initiate disciplinary action.
Once formal charges are filed, management has 280 work hours to hold a departmental hearing and issue findings to the employee.
If the time limit expires and no formal charges have been filed or no discipline has been imposed, the department is prohibited from taking punitive administrative action, the contract states.
Time limits
Sgt. Thomas said the Dayton FOP is responsible for ensuring members are treated fairly when they are they are investigated for alleged wrongdoing.
He said the police department in this matter made the unusual decision to conduct an administrative investigation into the allegations against the officers at the same time as the criminal inquiry.
“Historically, that is a huge don’t do,” he said.
Thomas said following an officer-involved shooting the department usually waits to start an administrative investigation until after the officers are cleared of criminal wrongdoing by a grand jury.
He said the city has the right to discipline or even terminate employees who violate work rules and city policy, but management must comply with the terms of the collective bargaining agreement.
Thomas also said he does not know why the state probe has taken so long, and the city has not formally responded to the union’s request for an update about the status of the investigation.
“Over the 15-plus months, there has been very little official, clear direction given from police management and city management on this issue,” Thomas said. “These employees have been bounced around and not given clear direction on what’s taking place.”
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