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Hobart officer suspended 5 days wants job restriction lifted


Hobart officer suspended 5 days wants job restriction lifted

By Karen Caffarini Post-Tribune correspondent May 16, 2012 9:08PM

HOBART — A Hobart police officer involved in an inappropriate off-duty working relationship with a local towing company Wednesday was denied a formal evidentiary hearing on the matter, a review of his five-day suspension without pay and the ability to do off-duty work that requires him being a police officer until the hearing would take place.

Merrillville attorney Shana Levinson said she would appeal Wednesday’s actions by the Board of Works and Public Safety to either Lake Superior Court or Lake Circuit Court on behalf of her client, police officer Brian Hanson, who has been on the force for 15 years.

Levinson said she is against all the sanctions imposed against Hanson, but her main focus on Wednesday was to ask the board to stay the one-year restriction in which Hanson could not do off-duty work that requires his policing powers.

“I assert that the officer didn’t do anything wrong and I want the board to review all that was said against him,” Levinson said.

She said it would take time for her to prepare for an evidentiary hearing and asked that Hanson be allowed to work in a job that requires his police powers during the interim.

“Restricting him from working any side jobs deprives the officer and his family of a great deal of income,” said Levinson, who also contended that Police Chief Jeff White stepped beyond his authority in imposing the punishment.

“Your ordinance says the police officer can’t work any side jobs during the suspension, but it doesn’t say anything about beyond the suspension,” Levinson said during the board meeting.

She said she believes Hanson is entitled to back pay from the suspension.

Hanson was accused of improperly soliciting towing work by on-duty police officers while working off-duty at a local towing company. Hanson was paid per tow, according to White.

Attorney Allen J. Mindel, representing the police department, countered that Hanson isn’t being deprived of any employment within the city of Hobart or any off-duty job that doesn’t require his policing powers.

“I believe Chief White was justified in his actions. I believe the restrictions should stay in place, at least until a hearing takes place,” Mindel said.

The Board of Works and Public Safety’s actions came upon the recommendations of both Mindel and city Attorney Anthony DeBonis.

White said what led to the sanctions was a history of poor judgment shown by the officer.

“Letting him go back to jobs where he could use his police powers would bring liability back to the city,” White said.

He said after the meeting that Levinson appears to believe that police officers have the right to work off-duty under their authority as a Hobart police officer.

“I can’t imagine that being the case,” he said.

Mayor Brian Snedecor said the chief of police has the right to suspend any officer for up to five days without a Board of Works hearing.

DeBonis said if the case goes to either Lake Superior or Lake Circuit court, it could be in litigation for some time as there are no previous case files on this matter of which he is aware.