PENDLETON, Ind. — A police officer terminated by the town apparently will be allowed to retire instead, but the facts in the case that led to his discipline remained secret on Tuesday.
The Herald Bulletin on Monday filed a request under the Freedom of Information Act for any documents, video recordings or other public records pertaining to actions resulting in the termination of Pendleton patrolman Mike Moore by the town’s safety board at its Feb. 25 meeting.
Town attorney Alex Intermill denied that request on the basis that he said the board had not voted to terminate Moore. Intermill said the board’s vote was instead a vote to begin the termination process.
After the records request was denied, a subsequent request was submitted. That request was reworded to ask for records pertaining to the request from Police Chief Marc Farrer that Moore be terminated.
As of late Wednesday afternoon, Intermill had responded by providing only Moore’s amended retirement that was provided to the board days after the board voted.
“To be precise, an officer cannot be terminated until after the safety board goes through the statutory requirement of providing a notice of intent to terminate,” Intermill said. At that time, the officer may request a hearing within five days, which Moore has done.
The safety board will meet Thursday in public, but since voting in favor of Moore’s termination, the board has met in a closed executive session. Moore’s fate with the board seemed to pivot after Moore gave the board a new letter that put a definite date on his retirement, rather than stating his intent to retire, as his prior letter had.
“He has retired,” Intermill said Tuesday, while acknowledging that the safety board is required to vote in public to accept any retirement. The board has not done so.
“I believe the board will vote to accept officer Moore’s retirement,” Intermill said.
Moore has hired an attorney, Elizabeth Bemis of Indianapolis, who did not return phone calls seeking comment on Tuesday. She previously told The Herald Bulletin that Intermill denied that the safety board, which consists of members of the Town Council, voted in the executive session, but he said “I do not believe the town considers officer Moore to be terminated.”
Safety board member Jeanette Isbell was one of three who voted unanimously to discipline Moore at the Feb. 25 meeting. Isbell said Tuesday that on Intermill’s advice, she could not comment about Moore’s status — whether he was terminated or retired. “Until we take that vote on Thursday, I don’t know,” she said.
It’s unclear whether details of the case that led the safety board to discipline Moore will be aired at Thursday’s meeting. Moore did not attend or have representation at his Feb. 25 disciplinary hearing, and no evidence was presented in public before the board voted.
“You have to appreciate the fact that this was an ongoing personnel issue, something that was very sensitive,” Intermill said. “It also has the potential of litigation. Because of the seriousness of the issue as a whole, the town has not discussed yet all of the facts that led to the meeting.”
Public meeting
What: Pendleton Safety Board
When: 5:45 p.m. Thursday, March 18
Where: Town Hall, 119 State St.
On agenda: Hearing for police officer Mike Moore, who the board last month moved to terminate.
Contact Dave Stafford: 648-4250, dave.stafford@heraldbulletin.com
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