Officer in race case beats OT firing

A white Columbus police sergeant accused of using racial slurs and threatening to kill two black officers — but who was fired for unrelated offenses — now has his gun and badge back.

Sgt. Eric Moore, 51, was stripped of his police powers on Oct. 1, 2015, a few days after a year-long, internal investigation into 2014 allegations. While the investigation did not sustain the racial allegations because only one officer heard the remarks, Moore was fired for engaging in unrelated offenses, including

improperly claiming nearly $10,000 in overtime.

But an arbitrator, Columbus attorney Jonathan I. Klein, issued an opinion last month ruling in Moore’s favor, sustaining a grievance filed on the sergeant’s behalf by the Fraternal Order of Police Capital City Lodge No. 9.

“He has no record of any prior discipline. Based upon the facts and circumstances presented in this case, the appropriate progressive discipline action for the grievant’s violation ... is documented constructive counseling,” according to the 55-page opinion. The arbitrator’s report did not address the alleged racial slurs and threats.

The city told the arbitrator that even without past disciplinary issues, Columbus Police Chief Kim Jacobs “is not obligated to follow the disciplinary decisions of past division chiefs. Although the [union] contract provides for progressive discipline, it also provides exceptions to that rule.”

In addition, the city said, Moore was not fired over a “mistake or moment of poor judgment. ... Rather, the grievant’s critical misconduct in some instances was ongoing and spanned a long period of time.”

Moore has worked for the city for 27 years and will receive back pay and benefits compensation for the time he was off the job, offset by any outside earnings or unemployment benefits Moore received from his firing to his reinstatement.

Records show that in 2015, he took home $108,357 before taxes. The city auditor’s

office could not say how much Moore will receive in back pay as of Tuesday.

Though he recently came back to work, “due to medical issues Sgt. Moore is on restricted duty,” Denise AlexBouzounis, a spokeswoman for the division, said in an email. City officials did not respond to questions about where Moore is assigned to work now or whether the city will appeal the arbitrator’s decision in Franklin County Common Pleas Court.

The two black officers complained about the threats and racial slurs to the Ohio Civil Rights Commission.

A commission report about the officers’ complaints says that “Evidence indicates a member of management ignored the initial race complaints, indicating it is the cultural norm for the department and putting up with racial pejoratives from fellow officers is required to perform police duties.”

In filings, the city has stated it prohibits racial discrimination and denied creating a hostile work environment for black officers.

Moore could not be reached to comment. He received a written reprimand from the city for the racial sstatements. However, the matter has yet to be resolved by an administrative law judge at the state level.

The Ohio attorney general’s office recused itself from the case because Jacobs is a member of the Ohio Peace Officer Training Commission. Outside counsel will have to represent the state at a hearing that might result in the city receiving a corrective plan to comply with civil rights laws if they are found at fault.