Commission upholds firing of former Galion Police Chief Marc Rodriguez

Members of the Galion Civil Service Commission have affirmed the firing of Marc Rodriguez, the city's former police chief.

The decision was announced Wednesday in a "Final Order" letter obtained by the Mansfield News Journal.

The letter stated: "Termination is the appropriate penalty for Rodriguez's failure of good behavior and unbecoming conduct."

Rodriguez became chief in May of 2021, was placed on paid leave in August of 2022, and fired in December of 2022.

He appealed the termination. The city's three-member civil service commission met the nights of Jan. 23 and Jan. 24 to hear the case, according to the letter.

"During the hearing, both parties were provided the opportunity to present evidence in the form of oral testimony and written exhibits," the letter reads. "Numerous witnesses, including Rodriguez, were offered by both parties for direct and cross examination. Witnesses testified under oath and several exhibits were admitted into the record."

Seven counts evaluated during appeal

The commission's letter explains that the investigation into Rodriguez began in August of 2022 when one of the city's dispatchers resigned. The woman's name was redacted.

"Within her letter of resignation, (name redacted) made several allegations against Rodriguez," the letter reads.

The city's civil service commission evaluated seven counts against the former chief during the appeal.

Count one originated in January of 2022 when Rodriguez sent the woman a text message that read: "U twerkin?"

According to the letter: "Rodriguez claimed he attempted to to text 'U workin?,' but it autocorrected to 'U twerkin?'"

Commissioners wrote that the text message constituted "unwanted sexual advances," and that "a fellow employee should not text a coworker, let alone a subordinate, a text of a sexual nature."

Supervisors should not ask to see 'sexy' photos

Count two involved a day in the autumn of 2021 when the woman was talking with other dispatchers about boudoir photos that had recently been taken of her. The letter clarified that "boudoir photos are 'sexy' pictures in which women are often wearing very little."

The woman told the former chief the pictures were personal and not for work, but he responded that he "still needed to see" the images.

Commissioners ruled that a "fellow employee, let alone a supervisor, should not request to see photos of a 'sexy' nature of a subordinate employee, especially after learning the photos were not for work."

Rubbed her leg and followed her home

Count three originated in the summer of 2021 when Rodriguez followed the woman home.

The letter reads: "Rodriguez admitted to encountering (name redacted) while in traffic and following her, stating 'Oh, this is where you live.'"

Commissioners wrote that "following a woman to her residence is very likely to make the individual uncomfortable." They ruled that he should not have followed her home without permission or an invitation.

Count four was sparked in March of 2021 when the former chief touched the woman on the leg, causing her to "turn away in apparent discomfort." The woman reported that Rodriguez "kept rubbing my leg."

The commissioned determined that the touches were "unwanted sexual advances," that "Rodriguez engaged in conduct that is insulting or offensive on the basis of sex," and that he "should not touch a subordinate on the leg."

'We must do better and avoid conduct such as this'

The commission rejected counts five, six and seven because "the city failed to establish by a preponderance of the evidence."

The commissioners determined that the first four counts were enough to fire Rodriguez.

They wrote that the former chief's actions had been addressed in city policy, that "Rodriguez was aware of the policies listed," and that "Rodriguez violated the polices."

The commissioners went on to write that "the Ohio Supreme Court has held that law enforcement officers are held to a higher standard of conduct than the general public and may be terminated for conduct that discredits or disrespects the office."

"As a police department, and as a city, we must do better and avoid conduct such as this," the commissioners wrote in the letter. "Leaders/supervisors need to, and should be expected to, set an example for younger generations of future organizational leaders. Workplace cultures need to change."

"The termination of Rodriguez effective Dec. 22, 2022, is affirmed," the letter reads. "It is so ordered by the city of Galion Civil Service Commission."

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This article originally appeared on Mansfield News Journal: Commission upholds firing of former Galion Police Chief Marc Rodriguez