Ohio rules Johnstown fired police chief without just cause, awards unemployment benefits
JOHNSTOWN − The Ohio Department of Job and Family Services ruled the city of Johnstown terminated former police chief Abe Haroon without just cause, and the city fought against paying his unemployment benefits.
The city’s decision to appeal the state’s decision was an apparent violation of a separation agreement with Haroon that it would not take such action.
When a resident asked City Council Tuesday night about the city’s actions on Haroon’s unemployment benefits, at least three council members said they were unaware of what had occurred. No council members acknowledged they knew what the city had done.
City Manager Jack Liggett did not attend the meeting and could not be reached for comment before presstime.
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State upholds initial ruling for Haroon, rejects Johnstown appeal
The ODJ&FS made its initial ruling in favor of Haroon on June 1. The city appealed on June 23 and the state rejected the appeal on June 27.
“The facts provided did not support that claimant failed to follow company instructions, policy, contract or reasonable standards of conduct,” ODJ&FS stated in its June 27 ruling.
Liggett fired Haroon on May 6, citing his reasons as secretly recording conversations with Council President Marvin Block and Liggett; purchase of a drone for almost $30,000; and publicizing unfounded allegations against Block in his complaint, which is a public record.
Haroon, speaking publicly for the first time since his termination, said, “The state’s investigative job is to determine if this is valid or not. They don’t want to pay. So, it speaks volumes that a team of investigators looked at my case and couldn’t understand why I was let go.”
Liggett, who did not attend the council meeting, said late Thursday afternoon he was not aware there was an official appeal.
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“No one has appealed it,” Liggett said. “When the original paperwork came through, it said the former chief was terminated. That was incorrect because he resigned.
“I asked HR to correct the paperwork that they shouldn’t say terminated. He resigned. We agreed we weren’t going to fight his unemployment, but we corrected the paperwork.”
Liggett said he did not know anything about the city making an argument the chief’s decision to sign the agreement came a day late.
Police chief fired after filing complaint against Johnstown council president
Haroon was fired a few months after the chief filed a complaint against Block, alleging numerous inappropriate or unethical actions. Haroon alleged in the complaint Block was unhappy department directors were running the city instead of council.
Johnstown resident Elizabeth Whipple told council: “It sounds like there are certain members of council who take it upon themselves to take actions without informing anybody else. I’d ask that you guys, moving forward, look really hard at what is happening behind your backs.”
Mayor Chip Dutcher was one of the council members who said he was unaware of the state’s rulings.
“We have not received a copy (from ODJFS) that I’m aware of,” Dutcher said.
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Assistant City Manager Sean Staneart said, “Those letters typically go to the finance director or the HR box. HR may be aware of it. Typically, from what I’ve seen, there have been some of those correspondences. I personally gave some to the HR department.”
The mayor responded, “If there is a letter from the state of Ohio to the city, we (on council) should have gotten a copy and be aware of it.”
The separation agreement with Haroon, signed by the former chief on May 20 and signed by Liggett on May 25, included the following: “The city will not actively contest the employee’s application for unemployment compensation benefits through the ODJFS.”
Haroon said he was given 21 days after his termination, or May 27, to officially resign and sign the separation agreement.
The city, in its appeal, stated it was unaware Haroon would resign until May 25, which it said was one day after the city’s deadline for a response.
The agreement also included a $35,000 lump sum payment to Haroon and a prohibition against the former chief filing any lawsuit or action against the city.
Council president, mayor face recall election Aug. 30
Johnstown residents will vote Aug. 30 in a recall election of Block and Dutcher. If the council members are voted out of office, the remaining council members have 30 days to fill the vacancies.
Since December, Johnstown has lost its city manager, police chief, finance director, city planner, two city council members and two police officers.
The number of Johnstown city employees who have left continues to increase, with police officer Eric Rodriquez announcing his resignation July 28 and serving his last day on the force Aug. 12. Interim Chief Rusty Smart said Rodriguez left for a job with Whitehall that pays $93,000 to start.
Smart said Rodriguez's pay with Johnstown was $23.64 per hour, which would be $49,171 annually.
The department has 11 officer positions, but only seven officers remain on the force. Three, including Haroon, have left this year. And, Smart said, one additional officer could be looking to leave.
Meghan Ward, a reserve officer who is a police clerk and mayor's court clerk, had sought to become a full-time police officer, but since changed her mind and will remain in her current positions, Smart said.
The interim chief said the officers may vote in October whether they want to join the Ohio Police Benevolence Association, a collective bargaining unit. Johnstown officially became a city last year, which allows its employees to seek union membership.
City Council recently declined to renew its contract with the police officers, instead following the employee handbook.
"Council said it was unlawful and removed it," Smart said of the contract.
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This article originally appeared on Newark Advocate: Ohio unemployment rules Johnstown fired police chief without just cause
