Judge upholds ex-cop's firing

MINSTER - An Auglaize County judge on Monday affirmed Minster officials' decision to terminate a police officer earlier this year.

Common pleas court Judge Frederick Pepple made the ruling in a civil suit filed in April against the village by former police Sgt. Kirby Cummins, 42, who claimed he was denied due process when he was fired by the mayor Jan. 10.

Village officials terminated Cummins for gross neglect of duty, failure to follow directives from police chief Randy Houseworth and violating the department's anti-harassment and corrective action policies.

Pepple ruled that Cummins was provided ample due process and the termination was "neither disparate nor disproportionate." He said Cummins displayed gross neglect of duty, insubordination, violated the policies of the village and failed to obey orders.

Pepple also noted that Cummins, who was second in command at the department, should have been held to a higher standard and put the public at risk by his behavior.

"His lack of observation of the community and its streets and his lack of supervision of his subordinates during these times of inattentiveness placed the citizens and the traveling public in danger," Pepple stated in his ruling. "Placing his officers on duty with no effective supervision further placed the citizens and the public in danger of things that can happen with unsupervised officers, thus endangering the public welfare."

The charges against Cummins, an 8-year veteran with the department, included claims he spent time with his wife and another woman while on duty, allowed the other woman to ride in his patrol car without obtaining a waiver, used racially offensive language, urinated in a drain in the department's garage, smoked in a cruiser and harassed a village employee.

When contacted by the newspaper, Cummins referred all questions to his attorneys, Matt Shultz and Dwight Brannon. Neither had returned telephone calls by press time. James Petrie, attorney for the village, also did not return telephone calls.

Village administrator Don Harrod said he and council members are pleased with the court ruling.

"We believe the village administration was justified in their actions and the court affirmed that," Harrod said.

Cummins was suspended with pay Dec. 17; six days later he was suspended without pay. The suspension, Cummins claimed, was without due process. On Dec. 24, Cummins received a hand-delivered memorandum from mayor Dennis Kitzmiller terminating his employment.

On Jan. 2, the termination and suspension were lifted while village officials conducted an investigatory interview. Cummins was again suspended without pay for five days on Jan. 8. Another interview with the mayor and Cummins took place Jan. 10 and he was fired again after that meeting.

Cummins went before village council in February and appealed the termination. Council members in March rejected the appeal 4-1.

Harrod said the village has spent $204,989 with Petrie's firm to defend the village.