FORT WORTH -- A 21-year police veteran who was fired last year for falsifying time sheets has won his job back.
Sgt. John C. Ost's indefinite suspension was ordered to be reduced to a 15-day suspension with back pay after a hearing examiner determined that the jail sergeant believed he had had permission from a supervisor for his actions and ruled that the punishment given was too severe.Ost was fired in May 2011 after an internal affairs investigation into complaints that sergeants assigned to the city jail were working only a few hours, but indicating on time sheets that they had worked eight-hour shifts. The jail is a temporary holding facility for Fort Worth arrestees prior to release or transfer to the city-contracted Mansfield Jail.Three other jail sergeants had also been part of the investigation.Two -- Donald McFarland and Jeff Valmores -- were given options in lieu of termination. McFarland was allowed to retire and Valmores voluntarily accepted a demotion to corporal.The fourth sergeant, who police officials have said left early on only one occasion, received a written reprimand.Ost appealed his firing and an arbitration hearing was held on the matter earlier this year.In an opinion issued Wednesday, hearing examiner Norman Bennett sustained the allegation that Ost did falsify his time sheets -- a violation of department rules -- but found "there is too much disparity of discipline between the sergeants for the same misconduct, even considering the degree of misconduct."Bennett stated that while he believed appropriate discipline for Ost would be a demotion without back pay, he does not have such authority and, under the law, can only reduce the termination to a 15-day suspension or less."We respect the decision and believe in due process, however we also respect accountability and will continue to protect the public trust by holding those who abuse the system accountable for their actions," said Maj. Paul Henderson.Ost's attorney, Terry Daffron Porter, said Thursday, "We couldn't be happier with the decision."Sgt. Ost finally got a just result."Agreed to split shiftsAccording to Bennett's opinion, testimony presented during the hearing indicated that lieutenants who had previously staffed the jail often left their desks for hours at a time, neglecting their duty to review paperwork of incoming inmates and make sure there were no issues in the arrests.Lt. Don Hanlon had testified that he had received complaints about one lieutenant leaving the jail unattended and that steps were taken to investigate. He said no violation, however, was found after it was determined the lieutenant had permission to leave the jail and had left a pager number on a sticky note for officers to call when the desk was left unattended.To address the problem, the opinion states, the decision was made to replace the lieutenants with sergeants.The four sergeants inquired about the job after a patrol-wide sign up sheet was posted about the jail positions.According to testimony in the trial, Hanlon told Ost and others that he wanted the desk covered at all time."He further explained that when two sergeants were on duty, one of them could engage in activities like working out, riding with other officers, or taking extended lunch periods," the opinion states."According to [Ost], Lt. Hanlon told him, "I don't give a [expletive] what you do as long as the desk is covered."Hanlon, the opinion states, denied making that statement to Ost.Ost testified he believed Hanlon's comments were an enticement for what many in the department consider an undesirable job. Other sergeants testified that Hanlon had similar conversations with them about covering the desk, including two who said they were told Hanlon gave them the OK to split shifts.Ost testified that he and McFarland agreed to split their shared shift three times a week. He said he had interpreted Hanlon's statement to him to indicate that was permitted.During those split shifts, Ost testified, he would spend the first four hours of his shift at home, checking e-mails, answering calls and eating breakfast, then work at the jail from 10 a.m. to 2 p.m.The investigation was prompted after Police Chief Jeff Halstead received an anonymous complaint that jail sergeants were not working their whole shift.Deputy Chief Abdul Pridgen referred the complaint to Hanlon, who interviewed the four sergeants and testified that he later referred the issue to internal affairs after he determined that he was being accused of wrongdoing.In his opinion, Bennett wrote that Hanlon had "personal involvement" in the alleged misconduct and should have never taken part in the investigation.Bennett also noted that no investigation had ever been conducted into the lieutenants' absences from the jail and that some of them were later promoted.An internal affairs investigator testified that the lieutenants were not investigated along with the sergeants because the 180-day time limit for possible misconduct charges against them had expired.According to the opinion, Halstead had told Ost in a pre-disciplinary hearing that he regretted that the time limit had passed because he would have investigated the lieutenants.Porter said she was glad that the hearing examiner saw "the hypocrisy in the actions of the department" regarding the treatment of the lieutenants. "The majority of those lieutenants ended up being promoted by the chief," she said.Deanna Boyd, 817-390-7655Twitter: @deannaboydHave more to add? News tip? Tell us
