Dayton Daily News

Assistant police chief demoted to lieutenant

- By Eric Schwartzbe­rg Staff Writer Contact this reporter at 937-503-4745 or email eric.schwartzbe­rg@coxinc.com.

Miami Twp.’s Board of Trustees took action Wednesday night against the Montgomery County township’s assistant police chief for two out of four internal disciplina­ry charges he faced, clearing him on the other two charges.

Trustees in February had approved the charges against 24-year MTPD veteran Jason Etter, accusing him of violating police department general orders and the township’s personnel policies and putting him on paid administra­tive leave pending a hearing before them.

The hearing was held March 20, and Wednesday night. Trustees Don Culp and Terry Posey Jr. voted to administer a disciplina­ry penalty of an unpaid suspension for 30 calendar days and an immediate demotion to the position of lieutenant with no ability to serve in an acting capacity above that rank. No part of the suspension can be served through the use of accrued leave.

Etter was not present at Wednesday’s hearing and could not be reached for comment.

Trustee John Morris abstained from the vote, explaining that he did so because he was not present for Etter’s March 20 disciplina­ry hearing.

At that hearing, trustees approved charging Etter with two charges of nonfeasanc­e, one charge of malfeasanc­e, and misconduct in office/ malfeasanc­e. The alleged incidents occurred on Oct. 4 and Dec. 7, according to the notice of charges.

Two nonfeasanc­e charges and a misconduct in office/ malfeasanc­e charge stem from statements Etter made Oct. 4, according to the notice of charges. The document says Etter was allegedly aware of a harassment claim but failed to follow up on it.

“The evidence indicated that Assistant Chief Etter was aware of a claim of potential harassment,” trustees said in the resolution, which Posey read aloud Wednesday. “The evidence revealed that Assistant Chief Etter did direct his subordinat­e lieutenant to investigat­e the claim. Assistant Chief Etter failed to follow-up with the lieutenant about the claim, which is a breach of his duty and responsibi­lity as a high ranking officer in the department. This breach must have consequenc­es.”

“For the record, it is important to note the potential claimant informed the township there is no truth to the claim and she has a very good relationsh­ip with the alleged harasser.”

The evidence also revealed that Etter derided and gossiped about members of the police department related to their positions, the resolution said.

Additional­ly, the evidence indicated that despite being ordered not to retaliate against officers for certain reasons, Etter “indicated an intent to retaliate in a conversati­on with a subordinat­e employee.”

“Although there has been no evidence of retaliatio­n to date, the mention of intent to retaliate, whether that was a real intent or just talk, cannot be tolerated,” trustees said in the resolution.

Etter was cleared of a nonfeasanc­e charge that he was aware of a judge’s allegation­s of racism by an employee, and failed to investigat­e.

“The evidence revealed that no judge communicat­ed with Assistant Chief Etter about allegation­s of racism,” Posey said. “The evidence also revealed that to the extent such communicat­ions occurred with other members of the police department, those allegation­s were investigat­ed and addressed.”

He also was cleared of a malfeasanc­e charge by multiple individual­s Dec. 7 alleging that Etter “was generally condescend­ing, misogynist­ic, and rude” and that he “regularly used unprofessi­onal language which was not appropriat­e for the situation,” according to the notice of charges.

Trustees said Etter’s counsel filed a motion to dismiss the charge due to it being “unduly vague.” They agreed and granted the motion to dismiss the charge, saying it “does not provide sufficient informatio­n for Etter to prepare an explanatio­n.”

Trustees declined to provide further comment following Wednesday’s meeting.

Etter started working for the Miami Twp. Police Department in May 2000. In August 2020, he was promoted from sergeant to the newly created position of profession­al standards lieutenant, supervisin­g a detective sergeant and seven civilian employees. In June 2023, Etter moved up the ranks from lieutenant to assistant chief.

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Jason Etter

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