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Posted by: kwflatbed

By Dan Kane
The Charlotte News & Observer

NORTH CAROLINA - Since a string of sexual misconduct cases involving troopers became public last month, State Highway Patrol Commander Fletcher Clay has been adamant that he has zero tolerance for those fooling around on duty. Those caught under his command, he said, get fired.
But when a trooper on duty exposed himself to a woman in his patrol car and allowed her to show her breasts to him on a second occasion, Clay supported a three-day suspension. In another case, when two friends of a woman said they saw a trooper having sex with her on the hood of his patrol car, the result was a one-day suspension for neglect of duty.
These two cases emerged during Clay's testimony in March in the now-infamous case of a trooper who admitted having sex in a patrol car and an office. The three cases are among more than 20 instances of sexual misconduct on the force in the past decade, according to interviews with patrol officials and records filed with two administrative agencies.
The sexual romps have damaged the patrol's reputation and have led some to question whether the 1,800-member force lacks adequate standards and direction. John Midgette, executive director of the N.C. Police Benevolent Association, said that other law enforcement agencies do not exhibit this level of sexual misconduct.
"These cases are rare," he said. "Most officers don't involve themselves in this type of conduct."
He blamed the patrol's history of arbitrary, inconsistent discipline and its lack of clear standards as to what will be tolerated.
Bryan Beatty, secretary of the N.C. Department of Crime Control and Public Safety, which oversees the patrol, said it has had a history of "lower standards" for troopers' conduct. But Beatty said he and Clay have been trying to change that, only to come up against judicial decisions that would force them to abide by disciplinary precedents they want to abandon.
He disputed that the force has a larger-than-normal share of sexual misconduct cases. He said that plenty of background checks for applicants from other agencies have turned up sexual misconduct.
"The patrol does not hire people with those kinds of problems," Beatty said.

Exhaustive review
The sexual misconduct cases and other recent incidents of troopers' misbehavior have sparked what patrol officials say is the force's most comprehensive review ever. Ordered by Gov. Mike Easley, the review is supposed to examine hiring and screening policies for troopers, as well as their supervision. Patrol officials hope to complete it within six months.
On Friday, Easley's communications director, Sherri Johnson, offered a short statement on the latest developments, similar to previous comments: "The Governor believes that troopers who disgrace the good reputation of the Patrol ought to be fired. Period. The Governor is not going to put up with it -- and neither will the Secretary or the Colonel."
Clay declined to comment on the cases or his testimony. Lt. Everett Clendenin, a patrol spokesman, said Clay would stand by his previous statements that on-duty sex by troopers is a firing offense under his command. Clay has repeatedly said that he has taken a tough stance on such activity.
"Since becoming patrol commander in July 2004 I have made it crystal clear that these types of behaviors are unacceptable and will not be tolerated," Clay said in a letter published in The News & Observer on Sept. 25. "Troopers know that if they engage in this type of behavior their jobs will be in jeopardy."
Beatty defended Clay's leadership. He also said that the trooper who exposed himself, Gregg Ford, should have been fired.
"When I found out about it, I wished there was a way we could fire him today," Beatty said. "If our lawyers tell us there is a way we can do it legally, we would."
Clay's testimony reflects the administrative uncertainty about how to respond to sexual misconduct by patrol officers. The actions might appear immoral, but they are rarely illegal.
A News & Observer review of the information available on the cases shows discrepancies as to how troopers have been disciplined. Some were fired or resigned; others were suspended, demoted or had their pay docked. Some of those who left have joined other law enforcement departments.
State law does not prohibit police departments from keeping officers who have been involved in sexual affairs either on or off the job. Nor does it prevent them from accepting officers fired from other departments on those grounds.
There is a misdemeanor charge of "willfully failing to discharge duties" on the books, which speaks to officials who knowingly neglect to perform their jobs. But courts have determined that criminal charges can't be filed unless the neglect leads to public harm.
Once an officer leaves a department, it's up to the state Criminal Justice Education and Training Standards Commission to decide whether the officer can keep his or her law enforcement certification. The commission can cite lack of good moral character and other misconduct allegations in denying certification.
The state's personnel law often shrouds these cases. The law prevents state and local agencies from disclosing most matters involving their employees. Often, these cases do not become public unless they are brought to administrative and judicial courts. State agencies can make exceptions when their integrity is called into question, but so far Beatty has declined to release personnel files.

A firing undone
Clay was on the stand in March, defending his predecessor's decision to fire Trooper Monty Steven Poarch, an 18-year veteran of the patrol who lost his job in 2003. Poarch admitted having an extramarital affair in the patrol car and an office, but he denied it took place while he was on duty.
Last month, State Administrative Law Judge Melissa Owens Lassiter found that Poarch's misbehavior would normally be grounds for dismissal. But after reviewing other cases of troopers who had been allowed to remain on the force for similar or worse conduct, she found that Poarch should be reinstated with back pay because he was the victim of disparate treatment.
The state has appealed the decision to the State Personnel Commission, which is scheduled to hear the case Dec. 13.
Lassiter's decision did not cite any cases that took place during Clay's tenure.
But Clay was in charge when Ford, 40, who became a trooper in 1998, admitted exposing himself to a woman while on duty. He was charged with unbecoming conduct, a policy violation. According to Clay's testimony, Ford admitted the exposure but said he did not have sex with the woman, and that is what prevented him from losing his job.
"He admitted, as you read here, to exposing [himself], but then said that's as far as he went," Clay said. "He got scared. He was in her driveway. He was afraid he'd get fired, and so hopefully our philosophy cut this off and prevented him from going over the line."
Beatty said he did not learn about Ford's misconduct until shortly before the Poarch hearing. Beatty said that Clay told him he supported Ford's suspension because the courts would likely overturn a dismissal.
Ford could not be reached for comment. He works out of a station in Reidsville.

Wire Service

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Posted by: Barbrady

Quote:

Originally Posted by kwflatbed "The Governor believes that troopers who disgrace the good reputation of the Patrol ought to be fired.

The Guvahnah is pissed as he should be. He takes care of his boys. By State statute NC Troopers are given annual pay increases.

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