Vous êtes sur la page 1sur 65

9/21/11 3 Franklin County Sheriff cars present Damon E.

Wetterauer, Jr Jenn to Lynn: Do you know if the two witnesses have showed up? Whenever youre ready (Jennifers laptop used, on projector) LE are we ready? For the record my name is Lynn Eisentrout I will be presiding over this hearing tonight We will call a special council meeting Jason Grosss appeal this meeting is called to order at 5:32 pm PPC here SB here MD here RS present KS present TW present I will caution the members of the audience that there is no opportunity to give input council members must give full attention to given MRs. Crogan JEnn on May 25th 2011 this year officer gross attended the Franklin county ovi task force he was paid for attending these meetings he attended meeting in uniform and represented the villagepart of his duties for that day are also noted in his log book In June of this year a letter was received by MADD that was addressed to the mayor I will read this to you Im writing on be half of MADD and citizens of Minerva park whos lives may be jeopardized from the action that has recently been attention a directive has come from you that all officers are prohibited making OVI arrests on Cleveland Ave even if that no matter what the circumstances might be, in real time during the normal course of patrolling duties, find it difficult to accept that such a hands off look the other way approach. This policy has originated and mandated by the mayor CN was copied on this as well CN contacted the officer of the letter Doug Scoles executive director of MADD Confusing on the issue conception of this order CN learned through Mr. Scoles that the village officer was complaining to him of a recent discipline action the c knew that JG was the officer. CN determined hat further investigation was necessary and assigned finstermaker and beach. Finstermaker took the lead in the investigation. Started with the OVI meeting you will see with the evidence that during the meeting officer gross spoke to several other officersduring officer gross misrepresented that on 161 and stopping drunk drivers. The representation directly contrary to the ..order issued by the mayor in November of 2010. the purpose of the general order is two fold the first purpose was respond to complaints other jurisdictions .. Keep officers that are paid by the village within this jurisdiction officer gross signed and acknowledged this order..

CN confirmed in feb 2011 that this order was still in effect. After cpl finstermaker as you will see finds several other violations of the policies and procedures of the police depart and he reports what findings he has to the chief. Chief reviews the findings and considers not only that but past experiences with officer gross in determining what .. Officer gross had twice been disciplined for insubordination in may Making a stop outside of the jurisdiction without utilizing mutual aid ..that cn will explain to you is an agreement with other jurisdictions that when a vehicle or crime is being committed that they radio in to that jurisdiction and determine whether or not their ASSISTANCE IS going to be needed. Officer gross was counseled on this violation and Cn took the time to explain to him hw the general order is to be applied. Officer gross had a trainee with hms o corrective action needed to be Officer gross failed DARE for Hawthorne elementary I will show you that officer gross has a history of discipline which includes insubordination CN determined a that officer gross referred the matter to the mayor with a recommendation to remove officer gross. The mayor is required to review all. Which she will tell you that she did. She received all determined that no further investigation was necessary and notified officer gross of her decision to terminate him. As far as this process is concerned, officer gross is allowed I think it will be very clear to you from the two officers who And mayor that cannot have an officer on the force that continues to display Including the record that up to the punishment and the mayor did or did not consider the six of you are then to serve as the jury of this case to determine first whether there was a violation and whether or not the judgment is it will take 4 members of this council to agree any suspension termination or dismissal of any charges, as a side you are given the opportunity to d discuss this among yourselves there is nothing to make a decision tonight there is no pressure on you to do what you have to do except consider the evidence. . Im going to defer my opening statement I do not think it is..For a my understanding was the presiding officer was going to be president of council I dont think its a appropriate for the mayor whos decision is being reviewed by council. I disagree with ..you do not have the opportunity to go into executive session the law is clear about that the exception is only if the hearing is held in executives sessions which is not Ill defer any opening statement Jenn: do we have someone to get witnesses, LE send someone from the sheriffs dept down/ Jenn to SD: Hickey (officer) Jenn: right up here Over here alright Swear the testimony youre about to give will be the whole truth Jenn: Sergeant Karl hickey

Franklin county sheriffs office Sergeant over the traffic beuaro I am coordinator of it (DUI task force) DUI task force is a group of almost all law enforcement agencies in FC we work together to work on removing impaired drivers from the roadways check poings different kidns of training grant from federal government national highway transportation safety administration Issue the grant and we operate under that grant almost all FC law enforcement agencies belong to it Meetings held once a month To discuss past check points enforcement efforts, discuss upcoming enforcement efforts, go over OVI arrests throughout Franklin county discuss training opportunities anything thats mostly ovi related traffic safety those type of things Meetings are not open to the public Jenn direct your attention may 25th of this year Recalls Jenn do persons sign in before leaving KH yes we have a sign in sheet Im going to show you what Im going to mark as exhibit one Im going to hand this to you too Can you identify that document for me? KH this is a copy of the sign in sheet for Jenn from that document are you able to determine that Jason gross..attend that meeting Do you recall speaking with officer gross at this meeting do you recall what he said He came up to me said e wanted to talk to me dont know if he said private but obviously didnt want to talk in front of other people basically told me he was concerned because the new police chief issued a policy in they can not do any traffic enforcement on Cleveland ave and asked if I had any advice for him Jenn did he refer anything at all about an OVI situation Would it surprise you if he did state that when he as interviewed Jenn what was your response KH Id have to think about it a little bit and get back to him. Jenn I have no further questions JL: does that contain everyone KH there are people who come in late.. JL sounds he was being discreet Did he tell you what the order was that Minerva officers have no authority to enforce traffic laws on Cleveland ave KH it was that they could no longer JL as a sheriffs deputy in Franklin county assuming that(new order) would you agree with me that that causes an issue of public safety KH yes it would be because if they dont take action they could go down the road and cause a crash Agrees that its a safety issues He is aware of mutual aid agreement KH IM not aware of any formal weve basically responded to anyone thats

Jenn someone outside of their jurisdiction would you be surprised that they radioed out in order to respond to the call JL how realistic is it to expect that a franklin county sherrif or Columbus police officer if theyre informed about a potentially impaired driver will be able to respond to that KH with the drivier continuing on ? JL absolutely KH could be going anywhere, we have to deal with traffic issues would be a non emergency JL you would be expecting KH I would expect any law enforcement agency to stop any impaired driver JL encompasses MP one cruiser that patrols an area that includes this village KH thats correct Thats all either have for KH Jenn: next witness we have is Sergent Kacee Adams KA: takes oath Jenn: state your name for the record Kacee adams Groveport, sergeant Jenn familiar with the franklin county dui task force KA its an organization of surrpoiinding departments in franklin county that look at battling ovi Jenn do you attend meetings on behalf of groveport police department KA yes I do Jenn do you recall attending a meeting . Ask you to look at a document KA this is a standard sign in sheet right before t emeeting we always sign it. I did (sign in ) Yes. ?(recalls JG attended meeting) Do you recall speaking to fficer gross at the meeting Jenn did you prepare an internal investigation statement and formward it to cpl finstermaker. KA yes I did Hands him take a minute to look at that KA this is the one I typed out o june 29th 2011 cpl came down and talked to me requested a written statement Computer (statent) chief prepared this Direct yoru attention to the last paragraph on page one Its the officer copmlaing of the deparmente dincluding having his shift switched sheince she cam on and that he was not perm itted to work traffic control enforcement on

SR 161 because the mayor did not want the agency to work traffic enforcement on the roadway the officer asked if my agency was hiring any officers at this oing the offi advicsed that we were only putting on part time officers right now and I could not JL did youg et the sense that he was talking about some great secerent? KA no My superiours wont let us do traffic enforcement on 161 KA yes. No further questions Jenn: cpl finstermaker (witnesses held downstairs) Fenstermaker. Matthew MF sworn in. Cpl Mathtew fenstermaker Business address 2898 minerva lake road Minerva park ohio Officer within inverva park Corpral is personnel supervisor. Jenn do you recall directive from chief to conduct in 5 fascets to the investigation I cant remembver them off the top of my head d o you mind (Im going to submit this as exibit 3 identify it later) 5 facets to the orders statements from OVI task members when he complained about he department, mayor, and documents written statements from both you (myself) and sergent beach as to knowledge of this situation and what directions you provided officer gross to discourage his actinos which MP policies were violated any orders you gave to officer gross which he voliated written statement from officer gross after he is advised to be truthful duty logs any kind of documentation involved such as the log from the task force to obtain Jenn mark this as exibit 4. could you take a look at that document MF officer grosss duty log for may 25th 2011 Jenn is it stated as a dialy cruiser log Yes

What significatnce does this lgo have It specifies that he was present at the OVI task force meeting at Main and Parsons Id also like to hand you what has been exhibited as .. Sign in log for the DUI task force So you stated that you obtained the task force log what di you do next? I obtained the sign in sheet for the task force I spoke with the director, sergent hickey and asked him questions pertaining to whther or not he saw officer gross there at the meeting, who he spoke to , who he saw him with, and.. Jenn did you keep the chief apprise of your, ruing investigain Yes. Results: Found that there were mulitiple violations to departmental policy. Did you prepare a report Yes I did Can you identify if exhibit 3 is a copy of your report Yes it is. Jenn: I believe that you stated on eof the items you were required to do as part of your invesitation was to prepare a statement as well Id like to mark as 5 and ask you to take a look at that for me do you recognize? Yes I do, it is my written statement to CN is that your signature on both of those pages? Yes it is Is part of your function to detemirne what discipline No Gather fackts What do you do once you gather them I complie those and determine if any violations of department policies and proceedings took plce and present those to the chief. Im going to hand you what Ive got exhibit 6 and ask you if you recognize that document This is the policies and procedures rules of conduct Jenn are those the rules and pcoedurese hat you used in order to make the determination as to wheteher an yplicies and procedures Are you familiar with general order number 1? Yes I am This was issued prior to this Did CN do anything regarding order 1 after she took office Yes she did, she specified she was going to review general order and whether or not it was a valid order

Did she make a determination Yes she did it was a valid order She did (express that to department) Issued a memorandum to all the officers specifiying the exact procedures to follow if a violation was ..outside of corporation limits. Ask you if you recognize that document. This is the order that CN issued concerning the procedures. And do you understand the nature of general order number one? Yes Where you given the opportunity to ask questions regarding order number one Does order number one prevent you from stopping drunk grives? No. What is the ..if inside the village limits We are to notify the appropriate jurisdiction either franklin county radio.. Inside Stop the vehicle What if they are on those three roadways outside the limits At that point we are to notify by radio What are you notifying them of Description of vehicle driver, howt hey are driving, any pioetential violations. If, thats doens therough dispatch If dishpatch tells you to rpoced and follow thhe vehicle are you able to do so under general order number one? Yes How long have you worked with officer gross Roughly 10 years During that time hae you bene a supervisor of officer gross Yes As a usprovieosr have you had the opportunity to observe officer gross over the years One of the best officers Ive seen How about with following ordrs or new policies Thats where his short comings where Would you explain that answer for me Whenever an order would be issued he would a lot of times question those orders if it would ever come to an occation where he would be issued an order he would question an order and it would raise to the level of insubordination a lot of times. Jenn Im going to hand you exhibits 8, 9, and 10 and take a look at those let me know if you are ready Can you identify those MF yes mam they are letters of reprimand to office gross Who issued those? I was the one who drafted them. JL what are those? 7,8,9 on the list or tabs 7,8,9. Doi you know whther oce youve prepared those did you give a copy to officer gross

MF I tried What do you mean He would either refuse to sign or he would he would refuse to sign the documents is what he would do Jenn so those documents are not signed correct? Correct. Explain exhibit 8, what was tenautre of the repremeand Srgn beach was primarily the officer woul would be checking aperowrk whenever he was in town he apparently went on vacation in a specified time, he had tasked me to check paperwork, it was a crash report that officer gross did ther were some corrections that needed to be made he specified to me he was going to wait until srgnt beach came back form his leave. What aobut exibit 9 what is the nature of that reprimand He as issued a must appear foa juvenile criminal trial and uh, apparently he oculd not make it to that trial And what about exhibit 10 what is te circumstance regarding that The end of 2010 the mayor asked me to asked me to go around the village and determine whthere or not speed limit signs were the proper size as well as whthere or not we needed any more. Once I go thtat duty I divided up the work. And you did you divide it with Officer gross And um, what was the nature of that write up Sorry That sok. The reprimand Since I worked third shift at the time I went around the village and counted the signs also determined where we possibly needed signs because there was alarge gap in some places drafted a chart and gave that chart to officer gross specified ot him he had a time period I believe it was a week sine he dworked day shift to measure those signs. 9federal guidelines ) he never did Did you follow up with him regarding his assistance Several times What was his reason to Not his job to do so it was the job of zoning to do it and then when I told him that iw as his job to do it anyway he specified that he dindt have the proppert tools to do it he didnt have a tape measure I specified to him you work during the day when the mayors here we have a maintainance person here you can get a tape measure you can go around an do dath I divided up the work you can do it Do you know if he ever completed the task No another officer had to do it Once I wrote, well once he refused to do it, I wrote up I consulted with srgent beach and told him exactly what happened he said go ahead I wanted ot issue a reprimand he said go ahead and do it based upon previous experience issuing reprimands to fofficer gross issuing being insubordinate I wanted to have a witness I called a witness downstairs . needless to say he refused to sign the witness felt so uncomfortable he had to get p and leave. Was srgent beah the acting chief at the time

He specified to me that we were both right and we were both wrong. Did ..concerning a diriver on Cleveland ave. Yes And um, what was your um, what is your knowledge about that discipline on Cleveland ave From myunderstanding he stopped a vehicle that was being operated erratically once he stoped th vehicle the person didnt have dirvelrys licene or something but the person was nt intoxicated Did that happen inside oru outside jurisdiction Outside Say naything with general order number one being violated He specified to me he would do it again if he had to Do you believe he has an understanding of what general order 1 means Yes Have you ever attended at task force meein Yes What is your duty Represent the MP department Were you paid Yes Go in uniform Yes Speak ot offociers Yes Do you consider speaking to other officers as part as your job duties while attending Yes Do you believe that his cations had a Yes What do you believe he had a detrimental .. Given that he is not only a full time officer but also a field training officer he would have the occastion to speak in front of other officers and new officers and be insubordinate in front of those officers Do you believe his actions have had a detriment working outside this department Because of that it would ruin the drepouation of the dparmtnet gossip would start up between us blendon township when the general order 1 was issued the day I came into work and he was outside speaking with a deputy sherrif in the parking log showing himt he general order You said it oculd have a detrimental effect do you know ny that currently what are those Speaking with other depts. Specifically Objection .speaking with others outside of this (hearsay ) LE sustained Jenn thats all I have thank you

JL Mr. Fenstermaker I have your testimony hes on eo fthe best officers youve ever seen Yes Questions for you about your investigation cpl um, Jenn is it ok if I give him the exhibit Yes JL you have in front of you CN s order of feb8th about what officers are supposed to do, um, if theyre out on Cleveland ave, 161 or Westerville road with regard to potential traffic violations um, theres nothing in that written order that saysi fyou call the dispatch and dispatch says you should pursue the driver go ahead and persue no Did that policy go into effect after officer gross was terminated No When did it go into effect I dont recall an exact when but it was when officer gross was here How was it comumunitcated to offier Verbally By whom Chief In a meeting with all the other officers Idk it was issued in a meeting but I do remember it being mentioned Was it something just mentined to you perhaps I dont Possibly Srgnt beach Who was there Just me CN told you that if youre out on patrol and you se e a potentially dangerous driver on clevel and youre authorized to go pursue them How far? She didnt say Limit she dindt say no limit She didnt say Well whats your understanding of it It all depends Lets assume that is no Columbus .. High and broad street, outside of high and ..otside of the county Do you have the authority of CN to go outside the conyty My understanding is if we spot something and we raidio it in the county says through Columbus or whomever they dont hve anybody available Ive specifically asked CN what happens if they dont hve somebody in the ares ahse said yyou make the determination at that point As far as you know thats the conversation she just has dwiht you I was there yes Just the two fo you

This investigation youve had with officer gross vased on report and statement youve made this entire envestigation and reason where sitting her eis the mayor and hcief got a letter from MADD Not just that Thats wht initiated it isnt it I dont know Do you have yoru rpeot infront of tyou Yes I do Section one first two paragraphs isnt that exactly what t says this investigation was intitated because of a letter Doesnt say intitiated though Ims orry? Ok, lets Fair point Look at the first paragraph just read the first paragraph: MD on june 6, 2011 CN approached cpl matthew finstermaker with a ltter from MADD which was sent do the mayor of MP Lynn Eisnetrout chief of police kim nuesse and First sentence of second paragraph Chief investigated that scoles spoke with ptlrm Jason gross and The matter being investigated is the letter from MADD Correct? Yes. Did you meet with CN before you began your investigation I work with her during the day of course My question was did you meet with her during your investigation Sure Did she tell you how to conduct the ivnetstiation JL..no method. Were you given directions as to how to conduct you met with doug scholes youre rport with that interview was recorded MF I thought it was recorded it returnes the equipment has a malfunction Was that the same you recorded with Jason gross It was a body cam that the department is using as beta testing JL so you were attempting surruptitiosly video record doug scoules without teling him I dont need to That snot my qeustison was that what you tried to do Yes It wasnt so much a failure it was a malfunction on my part I pushed the button too many times No, didnt use that with Jason gross Are you taking about the interview hwne you were there. No did not That was a separate corder.

JL you wrote hand written notes about the progress of your investigation lets see what date Im woking at. .. MF asks Jenn for water (thank you) smiles JL on june 24th, what day did you interview officer gross? One second (looks through paper) I think it was june 24th. Notes on june 24th say you spoke with chief was advised body cam had no recroding. Theyre not numbered so youre june 24th 2011. hang on a second Ill find it See what Im looking at Yes I do JL so your testimony attempt a serruptitious recording of doug scoles I believe I was JL your investigation did not attempt to record gross body record Did you do that on your own or did CN approach you with that It ws her idea or yours Both Um, scoles told yout hat he had a copy of general order At one time he did yes You later determined that copy came from either rick west or blaine allen, citizens of Minerva park Correct You determined as part of your investigation that Jason gross did not give a copy to doug scoles Correct He hdad it from someone else Yes There is no evidence that you uncovered that Jason gross is the one that called madd Correct Doug scoles called ajason gross Correct There is no evidence that that call occurred while officer gross was on duty No. Did youmake any conclusions about that Bvesides officer gross admitting that.. Im asking you whter he spoke with doug scoles at his house or working for Minerva park Officer grosswouldnt admit either one Inf at he told you he was at his house when .. I dind tremember him saying that, did he? You dont remember documenting that I dont recall that I do rememver him saying I dont recall an awful lot.

In his written statement he as ordered to provide, he didnt specity either way You dont know that either way No that would b eon the audio tape Ok, fair enough And youve concluded from your interview tih doug scoles wast hat he had received a written reprimand for stopoing a dirver on Cleveland that appeared to him to be impaired but turned out not ot bo Correct Was an active summary Jenn Im going to object He wasnt here to know if it was accurate or not LE sustained JL he didnt tell Doug scoles that he had stopped a drunk driver Jenn Im going to object Im going to object on heresy again LE sustained JL as part of your investigation did you confirm that George fwas not at the OVI task force on may 25th 2011. He specified he spoke to Jason gross if he wa she didnt sgn the log again my question there is not evidence that you hagfe that he was there No evidence, no JL do you recall asking if he ws at he ovi task force Dont recall You interviewed Karl Johnson of Mifflin township and there is nothng that you gained in your interview with Needless to say that was a hostile interview. You gusy odnt like each other Karl doesnt like you Mutual or not Hes my field training officer hi have some respect for him. You interviewed both rick west and bliane allen is that correct Yes Youve summarized those interviews in an email to CN s that correct Yes Stands, Im going tos how you what Ive marked as gross exhibit A (to all council members)

Can you identify that document for me? MF yes. Is that two emails that you sent to CN on Sunday june 26th 2011 regarding your interviews with blaine allen and rick west Yes Both of them confirm that they had communications with MADD about general order 1 Yes You say in the first page of exhibit a about the 4th line down this is yoru conversation with blaine allen hes ar esudent Yes Started a converstation with him using deception Ws that something that the ief advised you to do Yes I didnt specify to him it was an ongoing investigation You told him that, MADD hd contated you with questions Yes That wasnt true Yeah You say on a second page gross exibit a third line I used the same tactic conversation with rick west also a citizen Yes Police are allowed to lie to get what they need ? deception is used where did you get trained in that concept? Police are allowed to lie? Were allowed ot use deception a wen it comes to interviewing people were allowed to use deception as did you go with CN when she served um, officer gross with charges and termination letter from the mayor yes and you would agree that that was Monday July 18th. I believe so yes When were you told that JG was going to be terminated That morning By whom I dont remember exactly whterer it was CN or the mayors secretary Whos the mayors secretary That would be sarah shumacker You had not known that prior to july 18th No Had you seen a copy of charges No

She didnt consult you when she prepared the charges Ctually she did consult with me prior to that she did say some of my charges were not going to be sustained Did she tell you the was going to recommened to the mayor that officer gross be terminated? No. Ehibbits I guess theyre now marked 8,9, and 10 of the reprimands that you testified about do you have those in front of you.. None of those are signed by you Correct None of tese were in Jason grosss personnel file at the time he was fired I dont know The reprimand that you attempted to issue him that was marked exhibit 10 I understand that this was December of last year Yes Sergeant beach No He didnt shred it did he tell you he didnt serve officer gross with this reprimand No You havent signed copies of any of these reprimands I signed the ones he refused to sign Do you know what happened to them? Youd have to ask sergeant beach Ok Did beach ever tell you [that] you had no authority to issue reprimands to officer gross No Youve complained outside the department about both the chief and mayor have you? Yes What have you complained about? My scheduling hours prior to being on day shift Um , general order 1 Youve complained to people outside the department about ht Yes You havent been disciplined have you No Do you know of any other officer that have complained about order number one and not been terminated /reprimanded I dont know Officers did not want to sign it there was a lot of discussion about it what does it mean with are we allowed to do it was talked about inside and inside [the department] The FOP yes Nobody to your knowledge other than this officer that you describe as the best officer youve seen have been terminated over it Thats correct

Jenn I have a few more questions have you ever complained in a meting representing village of MP Absolutely not Have you been trained to do internal investigations Yes General order 1 this wasnt a new concept for the officers was it No In fact similar orders have been issued in the past relating similar to general order 1 Yes And who would have issued those orders Former chief bobby Hillard Thats all I have at this time I dont know if Mr. Shaw has any.. Just a second. JL that were times prior to nvo 2011 when officers were in fact permitted to make traffic stops on Cleveland ave, 161, and Westerville road Yes sir And as part of your normal patrol duties as a minervea park police officer you are required to be on those roads to fulffil your duties there are businesses you have legitimagte reason to be on those raods Yes sire How amny hours regular hsift on those roads Half the time?? Id say thats a fair assumption. Jenn nothing further, thank you. Beach. Sworn in Are you an officer with MP Yes I am Sergeant Did you receive a memo from the CN to conduct an internal investigation Yes I did I was instructed to start a IA investigation the chief pulled me in office and take a trainee another week and I was supposed to ..trainee next week. Did you advise the chief that you had a lack fo training with internal investigations No What did you do with the ivnestiatgion I sat in on an interview The interview that CPL finstermeaker set up Did you take notes Yes Were you asked by CN to give a memo or statement regarding conversations with officer gross

Yes Did you do that Yes Exhibit 11 ask you to take a look at that document for me. Do you recognize that document Yes What is that document The conversation I hd with patrolman gross Is that your signature at the bottome of that document Yes it is What does the memo state My response for the chief Correct This was about a week ago I asked patrolman .. I asked him if he awas talking patrolman gross stated no I went on the hours for the saturation patrol for the holiday conversation ended and we went out on the street. Did you give any other statements with respect to the investigation No Have you ever attened DUI task foce Yes How many years did you attend 2004-2011 what are your duties with the meeting attending as MP officer sign hours and dates for saturation patrol when you say represent that geny are you talking bout representing MP yes where you paid for attending the meetings yes did you go in uniform yes and as part of your representation did you speak to other agencies (art of your duty ) yes this order was prior to chief taking yes I was (acting chief at the time) Did you receive any advice on whether it was valid (FOP) and who could enforce it Yes Do you recall what that advice from the FOP was Not off the top of my head I dont Im going to hand you a document and ask you if youve seen that document before JL Jennifer is this in the ..? No? You have not seen that document before? No, if I have Does it have your email at the top, MP beach? No

What about below that? It was sent to me, yeah Does that refresh your memory as to what was given to you with general order number one? Id have to read it again but Go ahead (reads) ok does the ..say who can enforce it chief of plice and you were acting chief? Yes Did you enforce general order 1? No I didnt ave any issues with it You didnt ha ea need to enforce it Jenn do you recall any other prior chiefs before yourself dealing with telling officers that they .. Used to put out stationary radar on Cleveland ave No received orders not to do stationary radar. Received orders From bobby chief hillard Im going to makr this document as exhibit 12 and ask you to make a look at ati tell me when youre done (22) Hillard Memo (doesnt share on overhead..while Beach reads.) Ok, Can you identify At this point is a privlidge not a right the village can not afford to prosecute thse case in franklin county municipal court Mayor eisentout and we have a meeting on octobver on this issue. This will be my last communication to you asking you to stop issuing traffic scitation pursuant to ORC 2935.03. (2005) Do you recall issuing any stating that they should stay within the jurisdiction Do you recal receiving any complaints from other jurisdictions No

Im going to hand you what I have marked as exhibit 12 and ask you to take a look at that, JL 13 Hillards order of 05 was marked 12 I thought. Ok, thank you. Let me know when youre ready I have received several complaints about our officers if you are nt dispatched or requrested over the radio or receive another complain about this problem I will start the process following our policy and procedure maual Officers are sitting in other jurisdictions working stiationary traffic enforcement please make sure .. So in fact you had sent out an e-mail stating to stay within jurisdciiton That is corret December 24th 2009 When CN took office did she confirm that general order 1 needed to be followed Yes Do you currently understand general order 1 I do My understanding is that it was something to control the police department Ok Does it . Yes it does What if you spot a drunk driver going Are you allowed to respond If they are inside the jursidction can you still stop them. According to general rule 1 youllg et written up for it Are you familiar with mutual aid Mutual aid is when another dept asks them to hel pythem out. Are you allowed to call in a violation You an Has CN expressed that you should do so Yes Have you ever done so No Have you ever issued any discipline to officer gross I probably have Do you recall any of the discipline you .. Not off the top of my head no Im going to hand you what I have identified as exhibit 13, 14, and 15 which would ve 27a Jennifer this is 13, 14, 15, 16

they are 27A , 25 and 26 Would you take a look at those documents for me Lets do 27 a first Exhibit 14. Do you recognize that document Yes Wht is that Its a yearly eval. Is your signature. Whos evaluation is it for Patrolman gross Is your signature on the lst page Yes it is Could you read the suprovizor comments Ptl. Assigned to patrol and bike patrol you have signed up for the stop program and not shown up for your assignment you have also been written for violations for not going to court you have been told about yoru cleanliness of your cruiser multiple times. You hve imporived your OVI arrest Exhibit 15, do you recognize that document? Yes Is your ginature on the 2nd page? Yes it is What is this document? Oral counciling for not going to court Ok and what happened on thse You said for not ogin to court who did not go to cout Officer gross Its documentation of oral counciling. His not attending court is a violation of his job description correct? YES And then um, exhibit 16, do you recognize that After looking at it, yes Is that your signature Yes it is Iwhat is that document It looks like a written reprimand not logging the vehicle (impound) Who is that reprimand to Officer gross That one was 26. Im also gonna hand you um, have you talked to officer gross since his termination Yes

Whend id you talk to officer gross Ive talked to him lots of times Did you attend a party held by rick west Yes When was that Last Saturday Was officer gross in attendance Not when I was there And, going back to general order 1 have you been received any discipline with respect to gen order 1 Id have to see the reprimenand if you have that with you (when that was) When was the reprimand It happened the date on this one was 4/27/11 it happened the dsay after.. You did so correct Do you remember the circumstances regarding the incident Yes I do What was that? Ill just read my statement if that sok with you Thats fine ..4/26/11 stopped a drunk driver in area of 161 and 270 I was close to the area and was vehicle identified had gone on 270 south gave red sedan .then a flatbed truck was faollowing the driver was able to find the driver before the Easton exit to advise the two county units I followed the vehicle until the two county hvehicles were at 270/62 talked to the driver about the call and not using the turn signals to change lanes gave the driver a verbal warning and did you meet with the chief to discuss why she issued you an oral reprimand she said it was a violation general order 1 do you nderstand why? Not really because of the fact due to serious physical harm Do you stae that the county was already in route Mutual aid Correct They were already in route collowing the drunk drive ar the time No they were not The ywere nto? No I have a copy of the dispatch record have you heard that and gone through it with CN No Did she sit down with you to discuss it? The video and audio tape? just gaeve me my suprovisor review told em not to do it again going to hand you that document ok

(April 30 2011 on top of page. ) just need to read the first paragraph. So did she discuss with you why it was a violation of general order 1 Correct she said the response was outside of the jurisdiction You indicated on the geral order? No, were more clear on what she wanted in this incident We do not have mutual aid with the county, Clinton township, miffilin township Past practice was we had a multijurisdiction to do with, so it was something new, I went on help on a mutual id thing and I got written up for it Obviously were not allowe doding that so I havent done it since You stated though that you were dispatched by the mutal aid agreement to follow the drunk driver I dispatch aired that there was a drunk driver They were in route there I was the first one behing the car They were responding to the area too yes, You yourself responded that you would go as well I was in the area yes I .. Why did you feel the need when the county was already in route to go when asking I thought the vehicle was going into our jurisdiction unitl they went into 270 south You did not aks dispatch if they needed your assistance? No I did not After you were counciled by the chief she advised you if you need to .. If you are on Cleveland ave yes Did not seay with respect to general order 1. She said you see a car on Cleveland ave you are supposed to radio What about 161? This one was not on jurisdiction at the time correct Tat is correct Thats all I have at this time Are you going to mark these, Jenn no Im not I think I will I don thave copies Do a B and C Do you still have the copies in front of you ? NO I do not (Beach) B is the 4/--11 Srgt beach chief nuesse since shes been chief theres been discussion of new order shes never told you that if you sport somebody on Cleveland ave Westerville rd or SR161 you

believe for puroses of example is an impaired ddriver that what youre supposed to do is call dispatch and if dispatch says to you youre good to go to pursue that car. Shes never otld you that? She did at a meeting after I think we had a meeting in June or My Was it after officer gross was terminated? Yes After officer gross was fired officers were told if youre told to pursue you are supposed to pursue . Yes That was not in place when officer gross as an empoloyee here (correct) I want to be sure of your understanding of general order 1 and If youre on celve/161/westerviller odad that you have no authority to stop them at all Yes That is regardless of whether or not you believe that driver poses a risk of serious physical harm to someone Yes When you got he general order in Nobmeber frm Mayor eisnetrout theres an exception in that order that would allow officers to infact stop somebody if you perceive that the driver pose a serious harm risk Thats roccred Is it your understanding that she wrote that exception out of the order She said that.. You are going to be discipline Yes So th eeexception doesnt apply Thats correct Not to use an extreme example, someone blows through 3 red lights on Cleveland ave youre under the influence of alcohol your testimony is under Is that regardless of whtehre or not someone is eirouly injured Id didnt get that far You are to let them go and acll dispatch and tell somebody from Columbus or franklin county whats going on Yes In yor experience that tehres going to be a CPD cruiser of Franklin couny to make that top? never Always too busy backed up on calls for at least 2-3 hours Whas there ever any discussion on general order 1 or feb 8 2011 oder about the risk to the public about the orders that No; You have to be on Cleveland ave as part of your duties thats corret Yes If you make that sto that I just described youer going to get disciplined Yes

Im going to go back to this april 26th Where you when that call went out Minerva lake and Rt 3 Is that outside or inside the jurisdiction of MP yes At 161 WB/270 Is that an area you normally patrol Pretty close You were told that was a suspected drunk driver Yes You \presumed that this was a danger Yes After county no CPD cruisers in the area you made the stop because you perceived that...you were told not to do that again if you do that again youd be disciplined even worse than the first time Yes . This isnt safe is it? No Have you sen the letter form doug scoles? Yes Have you reviewed it Yes Accurate description Yes Prohibited from making ovi arrests on Cleveland ave Yes CN had discussedwith you and other officers about Mifflin township[ and said that youre not to respond to any calls from Mifflin twp exception is felany and officer in trouble thats because she believe s there sno mutual aida agreement Correct Prior to CN being chief lets assume a domestic voilcnce call mp officers assist Yes Thats not th policy now Yes One of the charges of officer gross was untruthfulness About a conversation he had with george franey To your knowledge was he at the meeting No He didnt lie to you about that did he

No he did not So that charge there is no basis for that Corpral Fenstermaker, if you could look at exhibit 10. um, the village, sergeant beach have you seen that before? No. Recall having discussion with CPL enstermaker Im sorry I didnt vie you the whole thing. Did you have a discussion with CPL fenstermaker about ving a reprimand to jasno gross for something it had something to do with mearsuing traffic signs Yes You told fenstermaker you were not gin to issue that and shredded it correct What I told, I counciled both of them, I did shred it. So that was not , No it was not (reprimand never issued) Reprimands usually assigned Did you ever give authority to sign.. Generally no we have not. [[notice psychology of chairs, attorneys, council, hve padded chairs Jason gross has folding chair, a padded chair is empty in corner]] referring to what Ive marked now as gross exhibit B in which he counciled slash reprimanded you for attepting to stop yes do you still hae the evaluationst hat were performed for sergeant gross? Exhibit 14. You have ehibit 14 in front of you? Yes sir That evaluation was done whan you were acting chief of police Yes One of your duties was to evaluate performance of police officers That is correct Different areas rating officer different gradationsto all ares of job performance Yes On page 3, of that document um, is that Jason gross ssignature on July 12, 2010 That is correct Who is the signature below that Mine Two signatures there, one as a suporvisor 9/13/2010 mayors signature looking back in 2010 none of the areas of his job performance was he reated to be unsatisfactory and hasnt been evanuated since not by me he has not

you have no discipline issues from 9/13/2010 till you were no longer the acting chief of plice that is correct officer gross is not the only officer that you have issued oral reprimands to that is correct Memo that Ms. Croghan showed you, let me back up, there was a time before CN became chief and before this general order in November when officers in MP were in fact enforcing traffic laws on mwesterviller oad and state rout 161 That is correct Do you know when that change occurred You were shown by chief hillard when did you resume having the authority make those stops I dont remember him sending that order .. Officers generally were making stops on those two roads and no one was being disciplined for it That is correct Jenn I hav ea few questions for Srgnt beach You staed that the mutual aid dispatch policy was not in plae when officer gross as employed Was that corredct? That the mutual aid radioing in when officer gross was employed There was a different policy You were stating at the tie you did not now that was the procedure when officer gross was employed I believe so yes You were counciled on april So ythat policy was in plae after you got coucniled The discussion we had was against general order 1 ti had nothing tod o with radioing it in Ok so she did not council you about calling in to dispatch We did not have a clear conversation she made it clear at the department meeting I believe that was after gross got fired You believe or you know Believe Shes had three sice shes been here I dont know the exact dates Tere was one in june, one in aug, Id have to look at my emails. Weve had department meetings But youre testimony is after your april stop Yes we got councilng hwo to handle those calls Calling into dispatch was not part of that conversation Not in my reprimand it was not

You stated when mr. shaw was talking about where your loation was on the april 26stop was at 270 and 161 is that in MP jurisdiction It is not It is not and you did ot see the vehicle form where you were located That is correct And we ask you about resuming the authorization from chief hillard to patrolling again you indicted there as no discipline I dont be leive there was any I ever had any discipline isseus Anything on Cleveland ave within Minerva park jurisdiction We have to travel on Cleveland ave to get to those areas of the village. You stated that Columbus ws stoo busy to assist Have you ever contcted Columbus through dispatch and orderede to ask for assistance to find out if theyre too busy No, because I dont want to be laughed at But you havent done it to find out if they will respond have you No You did respond to the 4/26 call they were already outside of the jurisdiction Thats correct There wera relady franklin county vehicles in pursuit of the vehicle No, they.. They were ontheir way to the call That is correct You ended up out towards easont Actually in Gahanna How long after you arrived did it take for them to pull up It was at 670 and 270 he was the first car to get to me, How long did someone They followed right behind me but they didnt catch up to me until 670. Shaw: I think were getting a little bit confused As part of chief Nuesses feb8th 2011 order what the officers were told if you see a traffic violation of any nature on Cleveland ave, 161, Westerville youre supposed to call franklin county dispatcher or Columbus dispatcher I believe she would get back to us on it Part of the Feb. 8th order says thats what youre supposed to do In the order? It was in a meeting, we had a meeting in Feb. general order till stands and Shaw as going to do the research and get back to us on how she wanted us to handle it

No time were you told specifically that you all dispatch and cay we cant respond at no time did chief nuesse say youre good to go on those calls She said after she had the mutual aid agreement I believe it was in a meeting if they didnt have in the area all we needed was permission from the agency Agency or dispatcher? dispatcher if they say there arent any cars in the area. Chief Nuesse. JL Can we take 5minutes? Absolutely 7:46pm ready Chief Nuesse sworn in Kimbery Nuesse 2898 Minerva Lake Road Sworn in January 14th started officially January 23rd Do you recall receiving a copy of a ltter from MADD directed to the Mayor? Yes I do 16 or 17 I dont..hang on Im going to hand you both exhibit 17, asked tot ake a look at that document what is that docuemtn This is the madd letterfrom doug scoles Is it a true and acurage copy of the letter that you received Yes it is As a result of this letter what did you do I ordered na internal investigation with Jason gross into possible violations on policy and procedure In general timers what was in internatl investigation Internal because ther was no criminal alleged or possibly ligations of policy What was the purose of an intenrla investigation? To look into his conduct and actins as a result of this letter Who conducted this investigation Sergeant beah and fenstermaker were taksed I asked both of them and srgent beach indicated that he had not been trained he had fenstermaker had an dhad fensetermaker take the lead with beachs support Did you give him instructions regarding invesitagaion Yes, id id I gave it to him in writing Im going to hand you um, what Im going to identify as exhibit 18 and ask you if you recognize that document Um, it is tab 16.

What is that document? this is an inner office memo dated 6/7/11 regarding Jason gross and my direction to them for an internal investigation Its your instructions on what you want them to do correct Yes What were your instructions generally To investigate offier Jason grosss actions/conduct Did you specificially tell copl fenstermaker how to investigat No ig ave him guidelines as outlined here .. what ewre the results of the internal investigation he wrapped up this investigation I took a few days to review it resulted in my recommendation to the mayor that officer gross be terminated was there a report generated by fenstermaker yes exhibit 3 this is the investigation reports summary by cpl fenstermaker provided ot you yes conversation with the mayor yes I did I let her know that we were conducting an internal investigation as a result of the MADD letter I let her know she would be receiving a report from me which I .. Did you infact submit a report to the mayor with yoru recommendation Yes I did Going to hand you what I have marked as exhibit 19a dn ask you if you can identify that This is my report to the mayor summarizing the results of the investigation and my recommendation too Youre recommendation was what Termination of his employmen, officer gross And in that report you have specifications Yes Wand what are the specifications Theryre a summary of wht was contained in internal investigation report by cpl fenstermaker Is it ment to be all encompassing No it is not Report mentions policies and procedures that are violated What is meant by policies and procedures? These are guidlnes the MP police department things they are supposed to do, things they are not supposed to do

Im going to hand you exhibit 6 and ask if that is part of that procedures Yes they Are Report mentions prior incidents of insubordination Yes Can you explain what those prior incidents are that youre referring to Yes, um, in the report let me find it here, I believe I refer to um, discipline that was issued by my to offiver gross on two occasions . Mark on page.. Hand you what I have marked as exhibits 20 and 21 and ask you to take a look at those two documents JL what are those in the book? Jenn Im looking hold onl They are 18 and 19 Suspention is 20? Is that right? Is the suspention um, CN the suspention is 21 and the reprimand is 20. Jenn would you explain the written reprimand Yes I issued a written reprimand and stated here because officer gross had a traffic stop with a trainee officer with a him on Cleveland ave that was in violation of a genarl order that was General order 1 issued by mayor prior to my arrival as police chief, I belive dated November laast year Mark um, ethis is 22 tab 12, can you identify that document for me Yes, this is te general order 1 I was referring to Can you explain what general order number one is? General order number one is outlined in detail here that you are not to go outside of boundaries for traffic enforcement. Is hwat youre holding a true and accurate copy that is contained in police records. Yes Did you have any conversations ofr subsequent ..with officers I did on more than one occasion Im going to hand you whats been previously marked as exhibit 7 Do you recognize that This is an interoffice memo listing more than one issue for the officers to all officers in the department at the very last general order number one still in effect this was to reinforce as it states here what we discsussed when I firest met with the officers What was discussed when you first met with them in jan Jan 29 was my first day in the department I called ro a deptartmen tmeeitn to lay out my expectations to the officers, toward the end of the meeting one of the officers I dont remember who brought up their concerns with it told them Id look into it I was aware of it mayor it was an order we had to abide by it I was going to look into it further and we talked about mutual aid I was not aware if we had mutual aid in effect at that time one of

the officers borught up what ifwe have an overlap and its on vcleveland I was very vey clear with my direction to them they were to get on the raido with whatever jurisdiction it was in those two areas Columbus police department were not in the villge notify Columbus police department if they felt it was an issue continue to follow them and wait for the jurisdiction that occurred in January at that meeting Is there any of the officers with tehdepartment ath you know were not at theat meeting in January Not that I know I velkive becery one was there When you issued your order in feburary did you have any other conversations regarding mutual aid and dispatch fsome fothemw ere individual officers officer gross had questions wanted to bring up a lot of what if secenarios I dont want to argue with this this is the order this is the way it needs to be handled You did discuss with him More than once What is the problem with officers not following general order 1 Its a lawful order of this village, its not in their jurisdiction you have to handle calls appropriately we dont have county jurisdiction or state by this you have to abide by the village policy and procedures. You have not instructed any of the officers that they are not permitted to enforce a DUI outside of jurisdiction because of general order number one No, in fact you cant say something like that I advised what the policy in procedures to handle that You would not support officers just letting them go Thats correct theres no reason that those officers couldnt continue to follow that vehicle and call into appropriate jurisdiction under professional curtsey for the offence make the decision was to how to handle it sometimes theyll say we dont have anybody available sometimes theyll say we have an officer on the way but the officers have to take those stops to . Have you taken those tesp personally since youve been chief Yes Have you gotten a response? Yes Columbus police department both times Would you write up an officer that has followed general order number one and radioed in for assistance No Have you written up officers who have not followed general order number one Yes Any other officers Yes cpl boyers On the first time that happens what has been your response It varies it depends on the situation it depends on what happened when the officers responds to I try to be fair about discipline but I couldnt ...each situation is different each officers intent and actions are different it depends on certain things it depends on how many times Ive had conversation with these officers to clarify whether they were

confused or misunderstood or second or third time Ive had this conversation I would got o.. I =d like to direct your attention to a traffic stop by officer beach that occurred in April of 2006 and had you whats been marked Gross exhibit C Yes I do this is a weekly evaluation report to gtive the officers feedback and final yearly evaluation This one is one I generated and discussed with sergeant beach. What did you tell sergeant beach? When I discovered the on the roll call board that this traffic stop was listed I asked him about it, I asked him to give me in writing why he as outside the jurisdiction because I had no details because .. I put it in writing with the copy of the video tape from his cruiser and get a copy of the audio transition from the track and reviewing all that I made the determination he did not follow general order number one policy or procedures or verbal orders. In accordance to that he told me he was wrong, I missed up I was wrong wont happen again I told him we had to document it on his weekely and Did you express to him again how the dispatching and calling in works Yes, and you did obtain a copy of that dispatch Im going to play for you um, something and ask you to identify it 255, sergent beahs radio. April 26, 2011 at 22:09 in area of 33-10 minerva lake possibly across the street. 22:10 caller is at 33-10 maybe he can special attention on blendon township westbound and unable to maintain lane caller is following in a flatbed trailer Lincoln. Just got on 270sb from 161. Continue to follow him? Caller still following him. Officer just passed him Hes referring to me, 255 whats your complication? Easton and Chief do you recognize that audio? Yes it is the call put out Is this what you listened to to determine whether the call Yes, he was not dispatched He was no where close, jumped on 270 southbound and was all the way to Easton Had he radioed in and asked whether or not his assistance was needed would he have been written up for this call? Not if hed called in and asked if he should continue until they got there. He did not observe the driver he went ton to 270 searching for the driver. I would also like to mark as an exhibit I think Im on number 22 and ask you to review this document

SB 23. Thank you sharonl In the book? Number 14 Do you recognize that document? Yes I do What is that document? This document is an interoffice memo conversation with citizens and elected officials while on duty (early may ) Meeting with citizens or certain elected officials pending an extended period of time with political issues and not what officers are paid to do consultation tih the department issued this memo to guide their conduct. This relates to only while theyre on duty If an officer wanted to speak to citizens while off duty that is We have to give the appurtenance of veng neutral enforce fairly we cant do that when engaged in types of conversations when you get allegations of bias which asbeen.. There was testimony on sergeant beach about you working on a new mutual aid agreement That is correct He indicated that you have had conversations with the officer stating wt they were and were not allowed to do until a new mutual aid was put in to place Do you recall that I do it was the same protocol I just outlined if they had a serious call you have to go to the same steps and jurisdictions over to somebodys calls there were other police agencies that had people closer and they Could not respond to any call from Mifflin township No I didnt say that Thats not how I phrased that And how did you phrase that Just how I explained it .. yes what I did say was what I just reiterated it didnt make sense to me that our officers were responding regularly to calls in Mifflin township with blendon twp and county other agencies close by other people available why are your cars responding when were available I conveyed that specifically to officer gross and to the other officers also sergeant beach? Yes, to all of them Your report to mayor also mentions the DUI task force Yes What is the FC DUI task force The Franklin county sheriffs office does a l.participate as far as OVI related checkpoints and other activities to help curb people driving under the influence. Youre aware that Jason Gross was at a May meeting Yes I assigned him to . Why does MP attend?

We have a contract to participate in these types of activities Are the officers on duty while attending these meetings? Yes they are, theyre paid to attend and represent. What are your expectations of an officer My expectation is to attend and represent our community in a professional manner and abide by our policy and procedures and cooperate and inform me of those check points and over time details Is speaking to other persons in the meeting part of their duty? Yes How does that relate to their duty Exchange of information, updates, laws, training, have to be able to converse to convey that information. Why did you recommend to the mayor termination of officer gross? He was not following policy and procedures and representing the village well it had a negative impact on .. Did you terminate him because of the statements that he made No it was conduct Did you look at his past performance in consideration Yes this officer had done a good job in several areas but in my observation as chief of police he consistently showed a pattern and it was a liability to the village negative impact of the officers who were complying with the policies and procedures it was just an I had what I felt was no choice to give him his termination Do you agree that an officer needs to give accurate information? Yes I do Do you feel .. Do you feel he conveyed accurate information? No What was not accurate? From the internal investigation report it became clear to me he was upset about his discipline by me regarding not following policies and procedures 2 day suspension which was my attempt to get him to modify his behavior he was not going to comply he was going to continue to misrepresent the order and misrepresent my direction of officers Has officers grosss actions impeded the department? Ive had neighboring agencies that have talked to me and their concerns are hearing that I have put out an order that we were not to respond to assist them that has a negative impact of my relationship with police chiefs other officers, responding to situations, it creates bitter feelings that dont need to be there, negativity its not the case not accuage at all, created situations internally with officer that were ont eh receiving end of hti s and ewr eupset bout it JL what officers are upset about this CPL fenstermaker, cpl boyers, concerns of other officers ic ant think of eveyrboyd at this time but internally those would be the officers that have conveyed their concerns to me. You did no terminate officer gross you recommended termination right

That is correct You hd a conversation with odoug scoles What did you tell him We discissed the letter that I received Right What did you tell him the policy was For Minerva park officers in these situations wheret hey perceive or believe there may be an impaired driver I explained what I have just expained previously in my testimony, to get on the radio go ifnd the jurisdiction and let them make the .. You didnt tell doug scoles on the telephone that this would not be a ptoblem at all there owul be a real time response I didnt state that no. You didnt tell him that the policy didnt pose any therat to the public because the county or city didnt respond I did not state that sir those are not my words. CPL fenstermaker kept you apprise you knew he was using deceptive tactics After the fact yet Was that approved by you Was that a tactic you approve of Its not one I would chose to use they just disclose it To whom In their report Not to who theyre talking to Its not illegal He chose to use that tactic and itw as effective in that situation Im not going to second guess them You tink its appropriate and don thav ea problem with MP officers using descptive tactics Img oing to state its not illegal Im not going to second guess an officer during the course of his investigations He wasnt disciplined for that No he disclosed it with me Exhibit 12 is the general order, yes, who told you SB 22, I think its on the tab as 12 JL its my mistake thank you Who told you that that was ctually the rule that was in effect I dont understand the question Who told you that this was the general order that was issue dot officers in November The mayor and legal council You havent seen the revised version? In paragraph nine will result in discipline. You havent seen another order that say smay result in discipline

Um, I dont recall sir I know I have a copy of the general order thaw as given t me by the mayor Which copy do you havethat says they weill or may? The one in front of me says they will. Right. You, gross exhibit D chief Im going to ask if youve ever seen that before Yes I recall seeing this. You stil have the attached order with it You agree with me the order marked was the order I just gave you, correct Which one is ion effect Id have to ask legal council. y You sit here tonight and dont know which one is in effect My testimony is in effect youer saskign my about chaning one word Id have to ask which one but still wouldnt effect my decision. I dindt say that it did Thats the order you issued in February, is that right (exhibit 7) Let me find that here Yes it is. [[Lynn whispering something to Damon, about page. ]] Cold have a 30 second recess mayor, nevermind I found it. Am I correct chief when you be ame chief of police that what you did in exhibit seven is essecntially to modify general order number one. You understand tat general order 1 said officers do not have authority to make as an exception to ..being in those cases when there is a risk of serious physical harm that officers are supposed to take action I do understand the general order Oyou agree or dong agree as an exception to order those cases when oan officer sees a risk of serious physical harm to take ation I agree with in the pactice that I gave out which is lawfully I see you outline what seems the overrule of the exception No sir its been in effect for years You read the general order one to state that if you perceive a risk of serious physical harm you need to call another jurisdication Thats not in the order correct It doent have to be No its ni nthe mutal aid agreement Mutual aid agreement county mutual aid agreemne Tther eisnt any reference to mutal aid in general order 1 There doesnt need to br You issue this order, general order 1 is still in effect There has be en no change to gen order 1 Thats correct Officers do not have the illegal authority to misdemeanor or ..

It appears theres a words missing Do you tihk thiats grammatically correct Thats how I worded it Youre not suggesting in that order that the officers do not have the aurhotiryt undrer ohio law to enforce traffic laws on Cleveland ave, Westerville rd, or 161, is that correct Under ohio law, MP officers have every right to enforce traffic laws on Cleveland ave No it is not an accurate statement. Your testimony is that officers ond have Jurrisidction still apples Have you done any research on this at all Leaving aside conferences with council who told you Minerva park officers dont have any authority in ohio law Are you aware that our county prosecurtr has made that statement? Actually Im not because thats nota n accuagte statement thats the reason why thats correct is that beliefe come from anything other than conversations with oucnuil Ive ben in law enforcement for 28 years, no toher jurisdiction has allowed cases have been thrown out no other, jurisdiction does apply Youre not aware of a case that arose out of here in franklin county that said on those three roads of course officers have the authority to amekt hose arrests The village has isuesd an order its alwaful roderd Its based then on your bvleiefi correct me if ym wroing becase I dont want there to be any confusion about it this whol dconencept os premised on your blief that the officers have no authority under ohio law Thats I my understanding Its not a situation of I know you have tha urthorty to do it were gjust ogin to constrict it that s nto what doing on No. If in fat offices to have the legal authority to make traffic stops on those three roads would you mofity the policy accordingly then No I would not So no matter if they have the aurthodity or dont your policy Thats correct its not heir jurisdiction. You agree they have to be out on those roads as. I do agree and if they see something theyll call I tin if they wnt to take action under our mutual aid agreement they can take ation. So your testimony is that if officer gross an dwillis on this may 3rd 2011 traffic stop perceived that the drier posed a risk of physical harm that was insufficient .. They couldnt maek the stop without making a call to somebody Thats correct And that applies to any traffic offense ont hose three roads

Obvsiously were talking about one of serious physical harm theyd be expected to intervene.. They are allowed to stop? You mentioned the exception to the general order in this conversation I thought what that menat was they had to call into dispatch and are you telling me now that if they do perceive a risk regardless of whether thye I dont understand what you dont understand about the protocall if its not their jurisdiction on a traiffic issue theyre going ot have to call it in either rwya regardless of what action theyre taking Thats all premised on your understanding of the law Im going on the fact that we have a genral order that is alwful Im nto here to interpret the law or render an opinion on the law Im here to follow what the village ha s put into effect Let me ask it one more time because Im not clean Jenn: Im going to object because this has been beat to death LE Im going to agree and sustain JL its not c clearn and Im asking her to advise her ruling, LE can you take a different tact? JL in te case of Jason gross they .regardless of whether they call dispatch I cant answer that because I was very clear on my directions on how to andle the stop. Meant wat? They call it in on the radio what they are observing as theyre following the vhechile to the appropriate jurisdiction and wait for that jurisdiction to respond. Before issuing your februrary j8 order did you make any attempt to contact thef ranlin county sherrifs department or CPD to inform them Yes I did I talkedto nick solctice and chiefs meeting You talked to chief fiscal swag about this? Whod you talk to at CPC or the franklin county sheriffs offie? No, nobody specifically at the Franklin County Sheriffs office. CPL Boyers was counciled by you? He stopped somebody running a red light He received that from sergeant beach When did that occur Id have to have it in front of me On one of those three roads weve been talking about The charges you referred against officer gross Di you draft them up yourself Im asking you if you drafted them Did you write them Yes Did you have any assistance from anybody I ran tem by our legal council Did you discuss the with the mayor before you finalized them No

Did you tell the myor that you were going to recommend termiantin No Was it your idea or the mayors I recommended it to the mayor Have you told other law enforcement officers in fC othersie No Have you told anyone that this was not your idea it was the mayors No that would not be a true statement I did not make that statement. Di dyou hand deliver the charges to the mayor Yes I gave her the report and Did you meet with her Afterwards When, you look at the date of the charges, I think the charges were july 12 does that sound correct? Im looking at exhibit 19. SB I thin its 21 tab 19. No actually 21 and 20 Im asking about the charges, I think its behind tab 16, CN the one mared that 19. These were prepared on the 12 of july When did you meet with the mayor I cant give you the exact date it was after I provided her with this You hand delivered them to officer gorsss house on mondy july 18th Just the two of you in the meeting Yes She tell you that she was going to terminate gross during tat meeting? I don trecal if she said anything I think she was till condiering and had questions What questions dis he have I cant rememve Anything she said to you No. You didnt know until , Before Monday july 18th I m sure I did I cant recall the exact date As I say you hand delivered both the charges to officer grosss home along with cpl fenstermaker Monday july 18th Officer gross had not received charges prior to that date Correct Whos ide was that? To give him the charges and termination letter at the same time I dont recall it was anybodys idea he just received it at that time In the charges exhibit 19, after each specification you have italicized list of what appears to be what I assume to be evidence in support of the charges That is correct

Your recommendation is set forth in exhibit 19 and the evidence in support of htose charges is followed in the italicized material That is correct Have you ever had any discussionas bout terminatiog grosss employement prior to july 12 2011 No Is there are son in your feb. 8th 2011 order that you did not put in there that you testified aobut tonight what youre supposed to do is call the dispatch. I explained it to the officers in person Why wouldnt that be put in an order with al this apparent confuseion There should have been no confusion when I met with them on eon one there was a mutual iad agrreeement that they had more than sufficient ofpprunity to come talk to me about it I clarified it several times You had a conversation with Jason Gross in which you told him exatly what you testified about That is correct Let me finish the question He specifically in those situations is to cal a dispatch and it hey tell him to go Thats not correct the way youve worded it The correct was is to call it into the dispatch that agency that is responsible for the jurisdiction is decide by saying.. Your testimony is youve said that to Jason gross I have said that o all the officers How many occasions At least twice (to Jason) That the council should believe you Yes, this is not the first time these officers have received this direction The fact of the matter is you were terminated for dishonesty were you not It has a lot of evidence. It ahs to do with credibility of her as a witness JL she doesnt have to answer that question that she was fired as LE sustained JL laughs. Because they have to judge credibility After the 2 days suspension had recommended termination Im just asking does it have anything to do with recommending termination Yes it did My recommendation would have been for an act of insubordination but he could have been terminated for the very first two insubordinations The 2 day suspension did you notify the mayor Giving her a copy of it is that the manner in which you did it I discussed it with her and given it to her in writing and legal folks Before you issued it or after I believe before

It appears Minerva park is advertising for a new police officer is that Jason grosss position? No it is not. What is the villager, chief? It is the village newsletter that is put out by the Minerva park community association Did you write an article for the May 2011 issue of the villager mentioning Jason Gross Yes I did. Gross exhibit e is that a copy of article in the villager that you wrote You refer to officer gross as a good example to others That is correct In your freview of the traffic stop officer willis or gross made did you It did not appear that she the driver posed a serious risk. What aobut he responses that received from them did they substantiate that they felt that way That was their belief Do you believe that someone going across the center line on Cleveland ave That did not appear to be the case When you saw the video you didnt see her going across the center line No If she had, Yes Im sorry, let me rephrase those questions What I saw on the video was her weveing within her lane You did not see her at all go into the other southbound lane Not in the video that I saw You understand that there were some circumstances that.. Our videos have a capability of one minute prior to recording and what I saw in that ivdeo prior to recording still was not Ok. Is it your testimony that driver posed no risk at all That is not my testimony Did she pose a risk or not I was not at the scene that woul be the officers to make that determination Ok FOP and JL whisper. Ont hat tape that we listened to chief wasnt there a question asking if they could respond County cars in zone 2 and blendon township officers, yes All questions I have

Jenn I have just a few follow up if you look at exhibit D and general order number one exhibit d is the email with the revision. Generaal order 1 trhe one that was signed by Jason gross ad marked 7, 17, nope, 22. You notice the first thing that um, Shaw pointed out the difference between the may and will, you stated that it wouldnt make a difference which one it was to your decision Thats correct May result in discipline could still mean that I twould be an oral reprimand correct. If it was may result in discipline it oculd be oral reprimand Yes If it will result in discipline it would still be an oral reprimand Yes Acknowledgement the draft on exhibit d says received read and understand it says I have received and read do you see the difference there Yes Um, what do you believe the purpose of Minerva park officers are as far as being paid by the village to do? To enforce the laws and prevent crime in the village Mr. Shaw pointed out that Jason gross the charges and was Jason aware of the investigation Yes And charges and termination were served on him Yes And he had his time to appeal Correct And did you receive an appeal Yes Lastly the stop that you disciplined officer gross for Es Officer willis And is he a new officer, Yes So his perception of what did or did not occur may be difference form someone who has experience Yes If the driver there would have not been any order to following Nno further JL ( A few minutes? ) Lynn talks to Jenn and younger man (presumably from firm) Jenn my next witness is the Mayor Sworn in Lynn Eisnetrout Did receive a letter from MADD. Previously marked exhibit 17

It is (letter from MADD) When did you become aware of the investiagaion, first part of june When did you first become aweare of violations When I received the report Did you have a discussion with the chief about brigning formal charges She just told me she was doing an investigation Did you ulitimately receive Did you review the report I did Hand you whats been marked exhibit 3 and ask you if you recognize that document Yes I di What is tht document This is the internal affairs investigations ummary for officer gros Did you review that document before making your decision I did Im going to hand you exhibit 19 and ask you Yes What is that document This is the order from police heif nuesse to me sayingthat there was in internal investigation and drected grgent.. Did you review her memorandum to you prior to making investigation. Yes Are you familiar with general order number one Yes Did you sisue general order number 1 Yes What wast he puros It was in response to complaints from residents and other agencies complaingina bout our officers jumping their guns And we discussed earlier um general order number one which is um, it has Jason grosss name on it, and um, eshibit d, hand you those two documents do you recognize those two documents I do As I discussed with the cief that has his name printed on it at the bottom that the word understand was removed Corret Do you have any recollection that why that ocured Because the officers were reluctant because they did not understand general order 1 So the word understand was removed Yes The oe that has Jason grosss signature on it is the final order Yes Between when this was issued who was the heif or acting chief Sergeant beach

Did you asl have a liaison that was retained during the village duringtht time Jeff miller What thype of experience does he have I dont have his resume in front of me and was also helping us in search of chief Were you aware if he met with officers on general order 1 My request wasd for him to sit down tithe officers and explain general order number one Did he doe tat Yes Did you feel that any other investigation was necessary to come to a decision I did not What was your decision I supported her recommendation Which was wat Termination Why? There was a pattern of insubordination tht ould not be tolerated Im going t makr for you um, 24, Sharon? SB I dont see anything after 23 Is it in the book? Its the july 18th letter from the mayor Im going to give you wat Ie marked at This I smy letter july 18th upholding her recommendation What is that letter to Officer gross Does it stet., it sets forth your decision for termination Yes Are you aweare whether officer gross received your Yes I twas hand delivered to him by chief nuesse and corpral fenstermaker I have no further questions JL Im confused mayor, your testimony is that Gross exhibit D is not the ordre thats in effect Thats correct JL the initial order was put on November 1st gross exhibit d was put out by you email November 5, this is attached the testimony is, is this not accurate This is the one I have in front of me was revised The one that was revised November 5th is my understanding whats in effect yes So Gross exhibit D is not whats in effect Whats the exhibit number? 22 its dated before the memo sent out revising it on the 5th correct? The one that was revised November 5th?

Did you have any conversations with anybody telephone or any other withfrom MADD I did not I called mr scoles and left two messages Did you direct the chief to call him She olunteered to do so Exhibit 24,t hats the letter that you prepared and um had hand delivered to Jason gross on Monday july 18th 2011 Correct In this document its clear what youre doing is terminating his employment correct Yes Did you draft this document With councils advice Do you remember when you met with the chief of police Sometime between july 14thand probably around july 14th You recall there are days when you were in the office and days that youre not Did you come in to specially meet with her Im in here every day Just the two of you Yse Before you made decision to terminate officer gross did you seek approval from council Can you answer the equstion first so were not interrupting each other Im not sure exactly when but I think during safety committee Whs on the safety committee Council Preseident pam par curry Councilman todd walkter Councilwoman Sharon bierman I do not recall the date Did those three council members say that they supported your decusino I do not recall Do they say that they didnt I do not recall Did you ask them I believe that we met but I jut dont remember What do you remember talking about at the safety committee regarding Jason gross Im drawing a blank You have no recollection of anything that you discussed with the safety committee with Jason gross You have reason to beleve that the village council supports your decision to terminate Jason gross I don tk now if they do or not Before you made your decidsion to terminate officer gross on july 18th you did not provide him with an opportunity to review the charges that were filed against him and appear before you and provide you with reasons ws why she should not be fired Correct Did you understand that was something you were supposed to do I was not required to do that

What was the source of that Legal council Have you terminated other Minerva park employees The other employees have retired Your understanding was youre under no legal obligation to provide officer gross ith a predisciplinary hearing Correct He did not et a predisciplinary hearing Correct He had no ooprutnity to appear before you with charges or evidence to persuade you why he should not be fired, in fact he wawnsot even given the charges Thats my understanding He got them oth the same day Thats my understanding Youre unaware of him being provided a copy of the charges provided against him before he got terminated, Thats my understanding Leaving aside terminations have you ever conducted any type of predscipplinary hearins I don tbelieve so Have you upheld suspentions before for other Minerva park employees I believe so In those cases when theyve been suspended did you provide them with the opportunity for a predisciplinary hearing? no Exhibit F I dont think theres any dispute about this but this is a letter that Ive sent to the village council appeal ing officer grosss Am I correct thats your signarure of the certified mail receipt. Yes The village did get the appeal letter that he is appealing your decision Yes I apprechiate that youre not a law enforcement officer or lawyer but is it your general understanding that Minerva park police officers do not have any authority to enforce traffic laws on Cleveland ave, SR 161 or westerviller oad . do you have any , have you formulated any conclustions in yourmind about whther or not officers I think thats all been asked of nuesse Im asking you On Cleveland ave, 161, Within our jurisdiction yes Wel Im talking bout on Cleveland ave where businesses I agree with the general order if there is a reason for them to stop someone after they call it into the jurisdiction just exactly what weve already talked about.

If you dont have an understanding tell me its not a trick question Im juts trying to get a sencse as to what you belive that chief nuesse belives Yes Speak up Yes You agree with her Yes Before chief Nuesse became the chief, let me go back to exhibit 22 the general order that weve been talking about this evening this was your order right Correct Did you prepare it or did council prepare it Legal council Ok And do you interpret this order as providing for an exception in those cases in which an officer believes there is a risk to serious harm Yes So if a mp police officer believes that someone poses a risk they do have the authority to amek the stop As long as they call the jurisdiction and apprise them exactly as weve already said several times The last part of that as long as they call the agency thats not in the general order Weve already covered that Im asking you .. jeff miller explained that to the officers at their meeting were you present at that meeting? I was not Youre testimony is that jeff miller told the officers theyre supposed to call the jurisdiction. Thats my understanding If you could look at exhibit 21 mayor, its the suspension. There is no indication that CN gave a copy of that to you did you receive a copy I believe I did You took no formal action on that did you Correct You did not render a judgment on suspension No You understand under revised code thats something youre supposed to do Im not aware of Youre not aware of the way suspension works for village employees I cant find anything in officer grosss file that you did anything You took no action on officer grosss suspension

I believe I didnt No one told you [that] you were supposed to take action on it Correct. If you could look at exhibit 14 mayor Do you have exhibit 14 in front of you mayor? Is this the, Thats your signature dated 9/13/2010 right? Thats correct And this is Jason grosss evaluation from 2009-2010 To your knowledge he has not been evaluated since that time That is correct Did you ever issue any orders or directives telling them they were not permitted to talk about general order one to anybody Not to my knowledge Are you aware of any orders from anybody else? Perhaps from the chief You just dont know? Thats all the questions I have. Jenn I have just a opule follow up questions exhibit D on the second page of the revised order that still has general order number one for the date 11/1/2010 correct. Even though the front page had November 5th Correct. And you had testified that there had been others that have retired Yes Have there also been other officers that have resigned Yes But there have been no disciplinary .. Correct Im going to hand you wht I have marked as 25, it is exhibit 1. Can you tell me first of all doe the village of Minerva park have less than 5000 and is ther ea union in place Yes, no If I could direct your attention to exhibit number one, the second paragraph the mayor shall inquire into the cause of the suspension. In this case did you inquire? CN volunteered information Did you rinqurie the review of the harges Yes we discussed it And you hadd no other questions correct, Yes.

The suspension that was brought up earlier that CN discussed the suspension with you Yes And if youll look at this pargraph right here it says suspentions of more than three days are able to appealed to the legislative authority Correct Did you have any objection to the 2 day suspention No I have no further questions JL Im not yet What Is exhibit 25 mayor I dont have it I thought she just showed it to you This is from WesLaw it quites RC 737 Have you ever seen this before? I havent seen this particular one but I have seen. Youve reviewed section 737 of the revised code I have seen it before When ms. Crogan asked you about part of a sentence that beigns with the word beigns five days Within five days after receiving the certification and render a judgement on it You did not as you testified you never rendered a judgement on the two day suspention issued by the chief. Thats all the questions I have. Jenn I have no further witnesses for council. JL are they downstairs, the witnesses? Jenn yeah. JL goes downstairs. Officer Willis sworn in. State your name please Ian Willis Employeed as police offier for the villge of Minerva park Hired January of this year Did you make a traffic stop on may 3rd of this year 2011 involving someone that you believe may be operating a vehicle under the influence of alcohol Yes sir You were driving the cruiser and officer gross was with you Yes sir Im going to mark this as exhibit G I can either get my laptop out or.. We can do it on here if it will work Officer Willis Im about to show you a video I want you to watch it and Ill have some questions for you

Is that the traffic stop from may3rd of 2011 Yes sir As part of your duties as a Minerva park patrol officer o you fill out a log sheet Yes sir Is the log sheet the document of what happened during the shift Yes sir Im going to show you what has been marked as Gross Exhibit H can you turn ot the second page of that document. Can you identify what that is on Roll call, explains what we did during our shift Is the traffic stop that we just viewed on the video referenced in this form Yes sir Where is that A6 at Cleveland Ave and Green Apple Just advised her, no citations Were you asked to provide an explanation to N as to why you made this traffic stop Yes sir Did you do that by email Yes sir Marked as gross exhibit I and ask you to turn to the second page of that document is this your response to CNs request for an explanation of what happened Yes sir Did you observe the vehicle make multiple Once we stopped her she actually hit the curb She was going in the south bound lane on Cleveland ave Yes sir Why did you make that stop We though thtat she had been drinking And she was not Yes sir Were you disciplined about this No Were you counseled By the chief If I see possible drunk driver on the road and radio into Columbus ask them if they want me to make the stop until they can get a cruiser there You werent reprimanded for this? No sir Thats all the questions I have for you officer willis. I hve a few questions when did you finish your academy training? August 2010 DUI training

Field sobriety tests what to look for on the street for possible ovi Did the training in the academy cover jurisdiction?? No Did you go through additional DUI training? Yes mam July When did that occur? During my FTO Field Training officer What officer was that Corpral Fenstermaker I belive When you were on this stop were you still training Yes Did you discuss the stop prior to making it What she was doing What jurisdiction Columbus Did you know at the time Not sure But I did know about the general order 1 Is this the first time youv ehad nay issue about general order number one Yes maam DUI traffic stop with corpral fenstermaker where did that occur 161 It would have been within the jurisdiction On an area of 161 within the park? Yes sir No further questions. JL gets new witness CPL Boyers Sworn in. James Boyers Re you employeed as a police officer Since 1988. Since chief nuesse has become the chief have you been counciled about a traffic stops youve made No sir Did you stop someone from running a red light somewhere Yessir Where did that occur Cleveland ave and walcrest The light had changed to red and I was coming from the carwash at bretton woods and I ws stopping for the redlight going northbound on Cleveland a white vn kept on going

through the light I had traffic facing the southbound and figured everybody sitting there looking ta me in the cruisr saying why arent you doing something I went ahead and stopped the vehile Did you all anyone before you made the stop No sir Were you counciled or disciplined bout it Sergent beach reminded me to call ahead and .. Yuou were told you should not have made that stop The person went by me and I hdad all the people looking Did you think the individual posed a risk to the public If a car started to go on green it ould have bene an accident Jenn cpl boyers I have a couple of questions with respect to general order number 1 Im going to hand you marked exhibit 22 that was, did you receive a copy of that general order Yes I did At the time that you received that order did you ever recerive any advice from the FOP or passed on advice from the FOP related to that order Im not sure what youre trying tor drer Did the FOP give you any advice or anyone in your department pass anything on to you bout general order 1 If I remember right we were told we needed to follow the order Dso you did receive advice? I believe so yes AM I on 26? Im going to hand you what Im marking as exhibit 26 and as you review this document What number is in this folder The one I handed you earlier the email that I discussed with beach Did you receive a co[py of that email Yes And what is that email It indicates that if we violate general order one we could be terminated or punished Would you agree then in this third paragraph where it starts my intial reaction states that the order is valid Yes And the individual had the authority to enforce it being the chief .. Who is Jason Pappis I believe FOP It appears it as forwarded to you by silverman At the top is that who you recall receiving it from And that was November 8th 2010 That was shortly after the order was issued, correct, In the past there have also been toher orders about jurisdictional limitations would you agree Yes

Im going to hand you exhibit 12 and ask you if you recognize that document Do you recall chief hillard issuing this memorandum Yes I do, vaguely Whats that memorandum about? Indicates that uh, brought up the issue about writing tickets on any street thats adjacent to us andmay have the authority to Would you aree that hes advising police officers to stya within the jurisdiction of Minerva park Yes Im going to hand you exhibit 13 and ask you if you recall receiving this document SB tab 24 Jenn his was just given to him You did receive a copy of this email Yes Would you agree with me that this email talks about staying within the jurisdiction Yes And tat tere were complaints that the officers were outside the jurisdiction and jumping calls It indicates complaints but not jurisdiction Whether or not dispatch was requested Right This email was sent out December 24 2009 correct Yes Have you seen Jason gross since hw as terminated Yes Where did you see him Um, had a birthday party for another officer that was terminated here When did that occur The 17th of this month Do you recall if officer gross said anything related to his termination He vaguely mentioned some minor things but pretty much stayed away from talking to me about it H You just had heard some comments made about it Thank you JL Can you take a 5 minute break? Jason Gross sworn in 10:17 Wetterauer speaks to Sharon, Matt, and Segovia leans in [guy who runs mayors court]

My name is Jason gross Weve sat here for the last almost 5 hours I want to go over these charges that were refered against you Were you a memver of the franklin county dui task force Yes sir Were you designated to attend that meeting as a representative for MP Yes sir You heard sergeant hickeys testimony earlier this evening about his conversation is that an accurate summary of what the two of you talked about Yes sir Who is george franey He is the former chief of police of Mifflin township Was mr franey at the ovi task fore No he was not Did you have any discussion with karl Johnson regarding mp officers responding Yes sir I did What was your understanding of what Minerva park officers were permitted to do or not do since chief nuesse became chief? We were only allwed to respond to emergency and felany dispatches Emergencies including officer in trouble calls? Yes sir Was that a change with twhat used to be the policy with miffilin township We were rallwed to respond if we were dispatched by franlkin couny or other agency I was notified by chief nuesse I was in resonse to a previous dispatch You heard kaycee atoms testify today is that na acuraty summary of your conversation with kaycee adams Yes sir Wer you ever told you were not to discuss general order one? No sir Did you receive a telephone call from mr. doug scoles from MADD Yes sir Did you provide any documents to mr scoles any documents before that No I bleive he got it from rick west or blaine allen Are they both residents of mp Yes sire (whered he get it general order 1) did you have tat conversation on duty or off duty off duty did you call him or he call you Im going to object to what doug scoles heresay I told him I had been reprimaneded violation of general order number one I went and got the printed reprimand and read it to him that written reprimand

Going to show you the reprimand that mr. gross thats been marked I think as village exhibit 1, is this the reprimand that you read off to doug scoles. Yes sir it is Who issued this reprimand to you Hief kim nuesse On or about what date? I believe it was written on may 3rd it was received on may 5th Um, could ou read off what chief nuesse said you were supposed to do in lieu of making the stop Yes sir, if you observe a violation you are to radio the jurisidcion in this ase you should have contacted CPD through LEARN radio or franklin county sheriff department . Did chief nuesse ever tell you on stops liket his that youe supposed to call franklin county or Columbus if they say theres no car in the area youre allowed to make the stop? Its a long question, were you ever told that what youre supposed to do if you observe a traffic violation youre to call Columbus dispatch or franklin county and if the dispatch tells you there are no cares in the areas you have the authority to make thes top You saw the video that was marked as gross exhibt G. Yes sir I did Um, was that viedo diepict the driver weaving in between the lanes of southbound traffic Yes sir Showing you what was previously marked as gross exhibit H and gross exhibit I if you turn to the second page of gross exhibit H thats not any of your hand writing correct No sir it is not Was officer willis in the car with you when you made the stop on the 3rd, why is it tht his handwriting Hew as the officer being trained so I had him fill that out He was driving the cruiser at the time the stop ws being made Yes sir The chief asked you to provide some explaination as to why you made the stop Yes sir Exhibit I why you made the stop? Yes sir Is that an accurate summary of what occurred that day Yes sir Are there things that are not shown in the video that were factors in the decision of you and officer willis to make this stop on may third Yes sir What are those Why doesnt what youre about to tell me show on the video The video records the last 20 seconds prior to activating your emergency lights and wed followed the vehicles at Cleveland ave on 161 they made an abrupt stop At a traffic stop No sir Are drivers permitted to stop in a roadway

No sir .. is there anything tht you asid or anyway attempt to mislead mr scoles about general order one have you had ny other conversations with doug scoles other than the one time he called you no did you ask him to do anything no sir you havent received any awards from MADD yes sir I have Exhibit J What is that? Its a copy of a plaque that I received from MADD You reeived that from MADD in 2011 Yes sir Do you know what you got an award for I excelled in the amount of OVI arrests Do you know who nominated you for the award I believe sergeant beach How long have you been a law enforcement officer before you were fired I started here in February 2003 I worked in Mifflin township from 2001-2003 Did you receive a copy of an order from CN on or bout feb 8th 2011 Yes Previously been marked as exibit number 7 Yes Prior to receiving that order from the chief what had been your understanding as a law enforcement officer about your legal authority to make traffic stops on Cleveland ave, 161 and Westerville road Im just asking you generally what was your authority That officers did have the authority Prior to CN making that order had anyone youd ever worked for in law enforcement ever tell you [that] you didnt have the authority to make those stops No Is N just wrong in her understanding f the law I believe so yes You received a copy of general order 1 back in November of last year Yes This is now prior to CN becoming chief what was your understanding of that order as it concerned your ability to make traffic stops to 161 Cleveland ave and Westerville road were there exceptions Yes it was my belief that if there were safety concerns Had you made stops like that before CN became chief Yes sir Had you been disciplined at all No sir

Did you interpret chief Nuesses feb8th order as a change in the policy? No sir Do you know who Jeff miller is? Yes sir Did he have a meeting with MP officers at some point Yes sir Did he ever tell you that what youre supposed to do call the dispatcher and if they say there is no cars in the area That was never discussed Ok Did you tell Blaine Allen that you had been reprimanded on may 3rd 2011 for making this traffic stop Yes Were you ever told or given an order that youre not allowed to discuss disciplinary actions that youve received with people outside of the department Yes sir Did you provide any false or misleading information to doug scoles when you talked to him on the phone. No sir Were you ever told by CN either in person or in writing that part of the general order 1 provides the exeption in those cases that physical harm I was under the impression that it still existed Was that because general order 1 was still in effect Yes She never told you otherwise No sir Thats all the questions I have mr. gross thanks Jenn Mr. Gross Im going thand you what Ive marked as exhibit 27 which is acknowledgement of police procedures Can you look at that document? Ok Is that your signature Yes maam Would you agree with me that that is an acknowledgement that you had received and read rules .. Yes Do you recognize that docuuemtn Is that a portion of the rules and procedures Yes it is I bleibve Would you agree with me that CN has the ability to issue orders Yes And that you are required to follow those ordrs Yes

General order number 1 is it over there, exhibit 22, is that your signature ont hat document? Yes it is And that was, what date was that signed? 11/7/2010 do you recall receiving an email from offier silverman discussing that order I do Do you recall what that email stated If I recall it was stating that he was confused as to the general order. Let me give you that so you can look at it The email to Jason papaas Would you agree that you signed the order on the 7th Correct This email is dated November 8th Yes States that the order is legal by the mayor General order number 1 Ok, yes, Do you agree with that Yes Do you also agree that the email states that the chief or acting chief is able to enforce tht order Im sorry where does it say that Under the 3rd paragraph where it says the chief of plice the mayor is limited ot issue the order and.. Do you agre that that chief or acting cief is able Yes So you knew on November the 8th that general order number one was a legal order and the chief could enforce it Yes So when chief nuessse came on January she still had the authority Yes Testimony of sergeant hicky not being able to control that was a correct statement Yes And do you recall that you stated that when you were interviewed by finstermaker and the whoel ovi situation did not permit you stop drunk drivers I don trecall saying that Would you deny that you said that I dont recall June 22 2011 10:52 pm sergeant adam jbeach matthew fenstermaker Attorney Shoub representing mr. Jason Gross Doy ou recognize that this would have been your interview that you had with orproal fenstermaker

Yes If Its ok with you Im going to skip ahead to the part where youre talking bout your conversation with hickey Ok Did you speak with franklin county sheriff deputy karl hicky Yes What did you tell him I asked him for advice On what How to handle the situation What situation was that The OVI situation What ovi situation The ovi directive as far as us not being able to stop drunk drivers Ok did you specify to him at atny time the procedures Notifiying agency if you spot a possible impaired driver? I don trecall Issue concerning traffic adjacent roadway Dont recall exactly what we taked about specifically Do you recall now that youv eheard that telling cpl fenstermaker and not bveing able to stop drunk drivers to sergeant hickey Yes This was after youve received the um, disciplinary from CN related to the stop Correct And this conversation took place at the DUI task force meeting 5/25 Orrect And you looked at part of the write up with your, shoub you indicated in there that you had to radio in in order to make those stops correct Correct Would you agree that the directive does not sotp you from pulling over drunk drivesrs so long as you radio in Correct Would you consider your statement then inaccurate That statement doesnt cover the whole conversation Thats your words that you just stated to cpl fenstermaker Out of context yes Those were your words correct (yes) you saw me hand exhibits 12, 13 to other officers, from Chief hillard and adam beach about restrictions on jurisdiction do you recall receiving those yes I do so both sergeant beach and hillard have issued orders restricting authority of traffic stops to jurisdiction

can you ask that again both hillard and beach have issued directives to restricitign jurisdiction ie believe this email refers to dispatch runs and not traffic stops exhibit 13 hes stating here that the same thing you need to call into dispatch beofe going outsie jurisdiction theyve een receiving complaints outside yes stated the final complaints that officers are sitting outside jurisdiction and to make sure thyere on village property doing so yes thats what the email says hes going to monitor the situation correct correct chief hillard would you agree that his memo limits jourisdiction or states that he was wrong and needs to stay within the jurisdiction doesnt say that he was wrong, I didn tsee that part he was mistaken or ummm, I have he thought we have the authority its a prividlidge not a right. Chief hillard is restricting the village limits It appears that he is limiting it Do you recall the mayor extending an opportunity to meet with anyone in the PD to discuss any issues I do not recall What number am I on? 28 than you do you recognize that document? Yes Did you receive it your name is up there Yes Does she make herself available to meet or discuss anything I attempted to discuss it following my reprimand In the presense of willis I attempted to discuss it with her She stated Jason you do it again and youre suspended She didnt want to dicuss it Did you ever make an attempt to meet with her to discuss it I did not Did you ask to make an appointment with her or did you want to discuss it at that moment> Di dyou request to set up a time with her I did not She approached me in the department downstairs in front of patrolman willis We tlked about it yes I couldnt tell earlier by your testimony are you stating that before you were issued the reprimand 5/3 tht the chief never explained to you as she testified on two occasions the nature of general order number one She said it was still in effect

Thats accurate Did you ever tell ct fenstermaker that you would not follow general order number one I did not You testified earlier tat you did attend the Franklin county DUI task force and up here this has been marked as a previous exhibit is that your handwriting on the sign in sheet Yes it is Do you agree that the chief assigned you to attend that on behalf of the village Yes Looking at what else has been marked daily cruiser log Is that your handwriting on the cruiser log Yes it is I think its exhbit number 4 That you did attend the OVI task fore and you attended in unfirom Yes I did The purpose of the task force meeting is to dicuss DUI issues correct You also received a suspension in may of this year for failure to follow orders for the DARE program at Hawthrone It has been marked as exhibit 21 can you verify that is your signature Yes that is my signature Do you still have the other exhibit for the may 3 traffic stop the reprimand I think its exhibit 20 Is that your signature Yes it is Ok, um do you recall the chief advising that they were putting actual activities into their log books that they wre performing Did she ever tlak to all the officers about making sure their log books were accurate that they reflected what was actually bveing done Do you recall failing to not log stopping to talk to a citizen Yes Citizen bliane allen Yes Do you recall going back and correcting it She told me to go back and correct it I twas a guestimate how long Id been there The log book you put down that was a guess Correct Do you think you aired on the side of making it longer shorter anything like that Probably overestimated I think your logbook indicates you were there 20 minutes does that sounda bout right? I could not recall how long iw as there What number am I up to 29? SB yes log sheet from (.)2011

is that the corrected log sheet it is with my notes on the bottom yes do you agree that you were logged there for about 20 mintues approximately I was (on duty) You had testified that you told blaine allen about beign disciplined Yes I did When did that occur I cant say for sure I belive it was the day I was reprimeanded Stopped for his house I was driving by he was outside Youd idnt yell out the window So you had to stop in order to let him know Did he flag y ou down or did you just stop I believe I just stopped Is that part of your responsibilities as a minera park police offier to stop inform residents youve been disciplined No May 3rd stop that occurred ou knew that you were outside of your jurisdiction at the time of the stop Correct You did not radio in Id id not You stated that you uatkled to doug scoles What nuber did he call you on? Do you know how doug scoles get your phone number Blaine allen How did blaine allen get your number Hes had my number, were friends Do you do anything outside of work with blaine allen I attempted to get him to have lunch with me at a restaurant. (?) Anything else No AM I at 30? SB yes Im going to hand you what Im marking as exhibit number 30 can you identify that document for me. Is it in the notebook? 2008 performance rveiw oh thats 23A marked as 30 Do you recognize that document I do Look at page 3 Is that your signature Yes it is And chief bobby hillard was the chief at the time That is correct Occasionally seems to question new policies mandated mail policy per auditors I do (see that) Was there a question that you had about policy related to the mail

Yes maam Do you recall when we pulle dup your performance evaluation 2010 when sergeant beach testified about hat, exhibit 14, look at the lsat page, is that your signature Yes it is Does it note on there that you had some issues with showing up for court Yes Did you receive um, a written document for um, not doing so aw well from sergeant beach I dont know if he called it a reprimand Verbal counseling Do you recal receiving that Yes You also received discipline for failure to appropriately log in an impound Verbal yes Do you recall chief hillard putting out a directive about cell phone use in vehicles That was back in 05 I may have I dont recall 31, 32, is that the memorandum from bobby hillard yes it is 32 what is tat? Interoffice memo from me to chief hillard You responded by providing him your opinion about his order correct? Yes I hand you what has been marked as exhibit 33 You agree that youve had other discipline throughout your years here at MP 24, chief hillard has written to you about faling to follow his order to pass along a message to the mayor I remember the incident He wrote you a memo stating you didnt follow his directive Right Violation 2009? This is 2004. You provided cpl fenstermaker regarding his investigation correct Correct Im going to object to this is has nothing to do with this, its on the enge (2009) With respect to this investigation that cpl fenstermaker allowed you (provide him more info) Did receive a letter from mayor charges and decision and knew you were beign investigated and had notice Yes You attened a party for rick west in September Correct Officers that are still in the department attended One that is still here that you saw that night Correct

Did your council advise you wou were not to discuss your termination with any members of the department Correct Did you make statement to your (?) Did you make comments to anyone else at the party about your termination Ys So cpl boyers could hve heard hose coments He wasnt present when I was talking JL just wanted a couple of clarifications Mr. Gross, when you were asking questions from Ms Croghan about attempts to discuss general order 1 were you referring attempts to discuss that with CN or Mayor? With chief nuesse. Ok Ehibit 29 thats where you went back and revised your log to refer your conversation with blaine allen you make some reference to introducing him to number 260 what does that refer to 260 is patrolman willis he as new I was introducing him to the residents and thats what you were doing tlkiing to mr. allen yes sir I think weve covered this but I want to be sure that the records is clear At any point in time before you were fired did chief nuesse ever tell you if you were going to make a stop that you would call the dispatch and if either of them authroied you you were allowed to do it ? no thats all the questions I have I have no further witnesses As I see it this council has two choices Ill leave those up to you either they will summarize tonight or come back at a different date but I think you soul dhave the otion to present your case in total if you so chose if they agree to and come back I will leave that to the two of you as to what you velieve. I will defer to Grant. Given the hour itseems to make sense to . Postpone that closing or review at later date, poll council Kent: Id like to ponder this and come back to hear closings Todd: convene PPC Concvene RS convene MD convene SB hear tonight Coordinate as well (everyone)

Encourage expoditing council I would advise you of three things you have no right to discuss this with residents do not discuss among yourselfves not been deliberated or decided and discussion is premature Council please forward available dates with this week and next so we can I have no problem retaining hem on behalf of the village if he would prefer that the court reporter take tehm No Id just like to be sure that .. Council you will maintain your own exhibits .