Sergeant fired for al­leged mis­con­duct

James My­ers was ter­mi­nated for vi­o­lat­ing 13 po­lice depart­ment rules and city’s per­son­nel man­ual.

Dayton Daily News - - Local Focus - By Wayne Baker Staff Writer

A Centervill­e po­lice sergeant, who was in the midst of ap­peal­ing a five-day sus­pen­sion from 2019, has been ter­mi­nated for al­legedly vi­o­lat­ing po­lice and city rules and reg­u­la­tions.

City of­fi­cials con­firmed to the Day­ton Daily News that Sgt. James My­ers has been ter­mi­nated of­fi­cially on Mon­day.

A copy of his ter­mi­na­tion let­ter ob­tained by this news or­ga­ni­za­tion re­veals that the city stated it was ter­mi­nat­ing My­ers for eight vi­o­la­tions in­volv­ing the po­lice de­part­ments rules of con­duct and five vi­o­la­tions re­gard­ing the city’s per­son­nel man­ual.

Ac­cord­ing to the ter­mi­na­tion let­ter, the prob­lems stem from an au­dio record­ing made by My­ers dur­ing an in­ves­ti­ga­tion into depart­ment af­fairs in De­cem­ber 2018 and into whether he with­held an au­dio record­ing he made while meet­ing with Po­lice Chief Matt Brown and City Man­ager Wayne Davis.

“My­ers in­ten­tion­ally with­held an au­dio record­ing of a con­ver­sa­tion that was di­rectly con­nected to an in­ves­ti­ga­tion. Dur­ing the in­ter­nal in­ves­ti­ga­tion Sergeant My­ers was specif­i­cally in­formed that dis­hon­esty with­hold­ing or un­truth­ful­ness may re­sult in dis­ci­pline up to and in­clud­ing ter­mi­na­tion,” the let­ter states.

My­ers said in a state­ment dur­ing his pre-dis­ci­plinary hear­ing in Fe­bru­ary, that the tape was part of his role as a whistle­blower, and that he was given whistle­blower pro­tec­tion from the city in Jan­uary 2018 for in­for­ma­tion he al­leged to have re­gard­ing the wrong­do­ing of a fel­low of­fi­cer.

He claims in his state­ment that he did not dis­close the record­ing, be­cause it would have re­vealed that he was the whistle­blower, and he feared there would be re­tal­i­a­tion.

Davis in­formed My­ers that his ter­mi­na­tion would be up­held, even if his ap­peal for a five-day sus­pen­sion gets over­turned by the Centervill­e Ap­peals Board.

At­tor­ney Jef­frey Sil­ver­stein rep­re­sents My­ers and was plan­ning to file briefs for his ap­peals case be­fore March 30. He did not re­turn re­quests to com­ment for this story.

Con­tact this re­porter at 937-225-0586 or email Wayne.Baker@cox­inc.com.

FILE

Sgt. James My­ers claimed he was a whistle­blower re­gard­ing wrong­do­ing he re­ported on a Centervill­e po­lice of­fi­cer. He was ter­mi­nated for be­ing dis­hon­est about tap­ing po­lice chief and city man­ager.

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