By Dave Stafford, Herald Bulletin Staff Writer
PENDLETON, Ind. — A 30-year Pendleton police officer who faced termination from the town for allegedly letting an impaired driver back behind the wheel was instead allowed to retire Thursday.
The Pendleton Safety Board voted unanimously to accept Mike Moore’s letter of retirement, which he submitted to the board after it had moved last month to terminate him on the request of Police Chief Marc Farrer. Board members said they were just following procedure and their decision was not a reversal of their earlier disciplinary action against Moore.
Farrer brought the case to the board after a review of police cruiser video showed Moore giving field sobriety tests to a man who police said clearly failed. The video obtained by The Herald Bulletin shows a driver who is unsteady on his feet, has difficulty walking a straight line, staggers and at times supports himself on his car.
When no arrest or reports on the stop surfaced, police investigated and alleged that Moore had allowed the man to drive away from the scene, with Moore trailing behind in his squad car.
The driver later admitted he had been abusing prescription painkillers, according to the police investigation.
“I had just cause,” Farrer said after the safety board voted. “They chose to look into his retirement letter.”
Board member Jeanette Isbell said she did not believe the safety board had reversed itself after Moore hired an attorney and resubmitted his retirement request with a formal retirement date.
“We followed the procedure I believe as outlined earlier by our town attorney,” Isbell said.
Town attorney Alex Intermill said reports in The Herald Bulletin saying that Moore had been terminated were “misstatements.” He said the safety board had voted to proceed with termination against Moore, giving him a period of time to request a hearing, which he did.
Neither Moore nor his attorney attended Thursday’s meeting. Moore never appeared at any meetings where action concerning his discipline took place.
Before the board voted, Town Council president Don Henderson turned to Intermill. “There are no criminal activities here,” Henderson said. “There are misjudgments made, very clearly made ... is that the judgment?”
Intermill agreed. He told the board that “the jurisdiction question raised by the retirement of Mike Moore is an important one” not controlled by precedent. He said Moore’s retirement means “the ultimate goal has been achieved,” because he’s off the force.
Moore’s pension and benefits would have been unaffected by either decision. By permitting him to retire in good standing, Moore can continue to carry his firearm and badge, which Farrer returned to him.
Farrer said the decision could set a precedent of a different kind — allowing officers eligible to retire to avoid discipline hearings by submitting a retirement letter, even after the initial termination vote has taken place. He has said it also sullies retirement for officers who have an unblemished record. Moore had been disciplined multiple times.
“My hope is we all have enough pride in our job,” Farrer said, “that we continue to do our job and serve people in the way we’ve always done.”
Henderson said he didn’t see the potential for officers to avoid discipline by retiring. “Only if you have the years invested would we allow you to do that.”
“I think we made the right conclusion,” Henderson said.
Contact Dave Stafford: 648-4250, dave.stafford@heraldbulletin.com
