Hearings today in racist text message investigation

Pre-disciplinary hearings against five deputies accused of exchanging racial text messages began today after the Montgomery County sheriff reported they were found to have acted improperly following a month-long investigation.

Two deputies, Capt. Thomas Flanders and Detective Michael Sollenberger, were scheduled to have hearings today, Jan. 30. During the hearings, all the evidence in the case is presented and the men will also be able to present their sides of the issue, and any mitigating evidence. Three other deputies— who are still working and whose names have not been released by the sheriff’s office— are scheduled to have pre-disciplinary hearings on Monday and Tuesday, Plummer said.

The investigation stems from text messages exchanged on personal cellphones between November 2011 and January 2013 between Flanders and Sollenberger as well as the three other deputies. Both Sollenberger and Flanders remain on leave while the case continues, Plummer said.

The pre-disciplinary hearings are required for any county employee under investigation. The sheriff’s office had 15 business days to complete the hearings and render a decision once the deputies were served with notices that they were found to have acted improperly, per department policy, Plummer said. The employees were served Friday, Jan. 23, and Plummer said he expects to have a decision in the case by Friday, Feb. 6.

The sheriff’s office concluded their internal investigation into the text messages Jan. 21.

The messages may have violated multiple sections of the department’s code of conduct, according to a review of the code. It includes rules that say employees shouldn’t express any prejudice concerning race or use language or engage in conduct that is unbecoming or derogatory. Some of the messages were sent during duty hours, and some referenced black sheriff’s deputies, according to the sheriff’s office. Plummer was made aware of the text messages in November from Dayton Unit NAACP President Derrick L. Foward, who said the civil rights organization received them in August from a source who they will not reveal.

News Center 7 and the Dayton Daily News have requested a copy of the investigation into these messages. So far the actual text messages have not been released to the public.

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