Six police officers ordered to give evidence in protest probe
The city of Columbus announced Thursday that it is ordering six officers to answer questions about potential criminal misconduct by other officers during summer racial injustice protests downtown.
But the police union says those officers do not have to comply under the terms of the contract with the city, and that threats of insubordination charges are empty.
On Thursday morning, the city Department of Public Safety said independent investigator Richard Wozniak, a retired FBI agent, issued “Garrity notices” to six police officers “compelling the officers to answer questions.”
If officers don’t cooperate, the announcement said, they could face departmental charges of insubordination. The announcement said the six officers are “strictly witness officers” and not the focus of criminal investigation.
“Information they can provide is essential to the ability to identify officers who may have committed a crime, and necessary for any prosecution of those who might be charged with crimes,” the announcement said.
The city’s contract with Fraternal Order of Police Capitol City Lodge No. 9 says that no member officer — regardless of whether they are the focus of the investigation or not — is required to give evidence if the investigation could result in criminal charges.
“If a member has been advised that the investigation may result in criminal charges, the member’s refusal to answer questions or to participate in the investigation shall not be considered insubordination or like offense,” the contract says.
Glenn McEntyre, assistant director of public safety, said the city disagrees “with that interpretation of the contract.”
The independent investigation, which was announced in June by Mayor Andrew J. Ginther, seeks to determine whether Columbus police officers committed any crimes while responding to civil unrest here that began on May 28, three days after the death of George Floyd while in the custody of Minneapolis police.
Wozniak and former Franklin County assistant prosecutor Kathleen Garber
were hired as an independent investigator and special prosecutor, respectively, to conduct the investigation.
Chapter 1903.01 of the city’s ordinances requires police to investigate “whenever any person is physically injured or any property is damaged or destroyed by an employee of the city, or when city property is damaged or destroyed as a result of criminal action or a traffic accident.”
Last week, Garber and Wozniak issued investigative subpoenas to five officers using a rarely, if ever, used section of Columbus City Code. Attorneys for the officers filed a complaint and motion for a restraining order, saying the subpoenas violated the union contract, Ohio’s constitution and Ohio’s rules for criminal procedure.
Garber withdrew the subpoenas shortly after the complaint was filed.
In Thursday’s announcement, the city said Garber has determined that “there is probable cause to believe that some officers committed misdemeanor crimes” and that other officers witnessed those crimes.
“Extensive efforts have been made to elicit the cooperation of those witness officers, including assurances of immunity from prosecution or administrative sanctions,” the city said. “To date, only five witness officers have agreed to be interviewed, only after receiving a guarantee that they would not be criminally prosecuted. The other identified witness officers have refused to be interviewed or provide information on other officers who appear to have committed illegal acts.”
The city said officers also have been provided an internal website to provide information anonymously.
“The only investigative means left to determine if a witness officer has information is by Garrity interview,” the city said.
Garrity rights protect public employees from being compelled to incriminate themselves during investigatory interviews conducted by their employers. The protection is provided under the Fifth Amendment to the U.S. Constitution, which states employees cannot be compelled by the government (their employer) to be a witness against themselves, and the Fourteenth Amendment’s “equal protection” clause.