Suspended Norton officer wins grievance against city on First Amendment grounds

An arbitrator has sustained a grievance brought by a Norton police officer suspended earlier this year by the city.

Jason Sams, a 22-year veteran of the police force, was suspended for two weeks in February, following an investigator's report issued Jan. 4.

The report concluded Sams had violated department policy when he made comments about Police Chief John Dalessandro on July 2, 2021. The comments were secretly recorded by a private detective conducting his own investigation of a Barberton councilman.

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"The only basis for Jason's discipline were his comments recorded on video where he says to (the investigator): 'Hey, did you hear what happened to our chief?' " Danielle M. Chaffin, general counsel for the Ohio Patrolmen's Benevolent Association, said in a recent phone interview.

Sams went on to tell the private investigator about a 22-0 no-confidence vote on the chief that Norton officers had taken. The detective then replies that the chief would be facing trouble following the vote.

"(N)ot when the mayor is his cousin," Sams responded.

First Amendment ruling on suspended Norton police officer

The conversation took place while Sams was off-duty, but the investigator hired by Norton concluded he had violated several policies. An earlier Summit County Sheriff's Office investigation had determined last year that no laws had been violated.

On Oct. 3, an arbitrator decided in Sams' favor, sustaining the grievance.

In the decision, arbitrator Robert M. Lustig writes that Sams' speech was protected under the First Amendment to the Constitution.

"Even if (Sams) violated one or more of the policies, if the speech upon which the discipline is based is protected speech, discipline may not be imposed," the decision reads.

Sams "shall be made whole for any pay and/or benefits not paid during the period from when he was placed on administrative leave in August until he was no longer being scheduled for work in October 2021," the decision concludes.

Chaffin said involvement by Dalessandro in the investigation that led to Sams' suspension tainted the process. The chief, she said, detailed what policies he believed Sams had violated in a memo that the investigator received.

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"(Dalessandro) should in no way way be involved in the investigation into whether those comments violated policy," she said.

Lingering fears of retaliation

Sams declined to be interviewed regarding the decision. In an Oct. 17 email, Chaffin said she advised the officer not to make a statement, fearing it could be used against him.

"The city has proven that they do not respect his free speech rights, and it is not worth him potentially risking another seven months of unpaid administrative leave and suspension at this point," she said.

The arbitrator did not review an audio recording of Norton Administrator Robert Fowler speaking about the case because it was submitted at a time that conflicted with arbitration rules. In the audio, Fowler states his opinion that Sams will never work for the department again.

"(T)hat was before there was ever a finding by the independent investigator," Chaffin said.

She said Sams is awaiting a decision on a second grievance involving time when the officer was on unpaid leave from October 2021 to February 2022 and not scheduled to work.

"He didn't get to come back to work until March of this year," she said.

Chaffin said Sams wanted vindication for the discipline and negative public attention he received from media accounts of the investigation and suspension.

"A big part of both of these arbitrations for him has been wanting to clear his name," she said.

Police chief response

Friction between Sams and Dalessandro has been ongoing for several years, and culminated in the February 2021 no-confidence action. Dalessandro said he learned of the vote from a news reporter and was stunned.

"That day, you could have knocked me over with a feather," he said.

In an emailed statement, the police chief said he has served the community for more than three decades, and will continue to maintain high standards for himself and his officers.

"I was not aware of any issues with my performance or leadership style until May 24, 2021 when I was contacted by a local newspaper reporter and I received a copy of the unsigned letter," Dalessandro said in the statement. "Norton Administration hired an independent investigator to conduct an investigation that produced no evidence of misconduct. I, along with the administration have made several attempts to communicate with the OPBA and requested examples, grievances and circumstances that led to the letter and have received no information."

He characterized the arbitrator's decision as a split one because both the city and officer were made responsible for their legal fees.

More on free speech

Chaffin said Sams is considering further action.

"It would be for a lawsuit alleging his constitutional rights were violated when he was disciplined for his free speech," she said.

Another officer disciplined on different issues at the same time as Sams is awaiting a decision on his grievance.

Chaffin said she's disturbed by the actions taken against Sams.

"I think what they did to him was horrible," she said.

Fowler did not immediately respond to a request for comment.

Leave a message for Alan Ashworth at 330-996-3859 or email him at aashworth@gannett.com. Follow him on Twitter at @newsalanbeaconj.

This article originally appeared on Akron Beacon Journal: Norton officer wins grievance against city in First Amendment ruling