BEFORE THE POLICE DEPARTMENT HEARING BOARD IN THE CITY OF WEIRTON lN RE: POLICE OFFICER STEPHEN MADER Disciplinary Hearing lW.Va Code 8714A73) NOTICE OF HEARING BEFORE THE ENPANELED POLICE DEPARTMENT HEARING BOARD Please note that pursuant to West Virginia Code 8-14A-3,a Hearing Board is being comprised before taking any punitive action against Police Officer, Stephen Mader. The Hearing Board shall be comprised consistent with West Virginia Code This hearing hoard shali conduct a hearing to determine (he acts and omissions asserted against Patrolman Stephen Mader contained within that certain letter dated June 6, 2016. in the June 5, 2016 letter with any attachments that were Included, the City set forth its intended discipline/termination. The City's intended discipline/termination shall be effective ifthe Hearing Board so decides. Thereafter, either party may appeal that determination to the Police Civil Service Commission cansist with West Virginia law THE HEARING ls SET To TAKE PLACE ON WEDNESDAY, JUNE 15. 2016 BEGINNING AT 12:30 AM IN THE cm or WEIRTON COURT ROOM, 100 MUNICIPAL PLAZA, WEIRTON, WEST VIRGINIA 26061. Vincent 5. Gurrera, City Attorney Served upon: 1- Ptlm- Stephen Maden -- (personal service and certified mail). 2. Chief of Police Robert Alexander (personal service) a. Hearing Board Members once designated (personal service) CITY OF WEIRTON 200 PLAZA 26062 June 6, 2016 Stephen Mader, Patrolman RE: Conduct unbecoming an Officer Dear Patrolman Mader: This letter is to advise you ofthe disciplinary action to be taken by the ChiefofPolice as a result ofyour failure to meet probationary standards of a police officer. As you know, you are a probationary employee for the city of Welmm Polite Department in which probationary period, as i understand, expires on July 24, 2016. Anytime a law enforcement officer has apparent difficulu'es in critical incident reasoning which renders him/her ineffecnve, is detrimental to the public confidence in their law enforcement agency. Therefore, due to your failure to meet probationary standards ofan officer, which a full copy is attached to this document, the following disciplinary and punitive action will be: As ofTuesday June 7, 2016 at 5:00 pm. your employment with the City ofWeirton Police Department is terminated. i must also advise you that you may contest this disciplinary action by the chief of Police by giving written notice within ten (10] days requesting a hearing before a Hearing Board or the Police Civil Service Commission in compliance with wv Statue ?a-14--20. 0% Mex/s ravis L. Blosser ChiefA. R. Alexander 111 City Manager Police chief Enclosure: Probationary Standards ofan Officer Cc: Mayor Harold E. Miller City Attorney Vincent Gurrera Benefits Administrator Milti Marino Weirton Police Department Chief of Police 200 Municipal Plaza Weirlon, West Virginia 26062 mum; Phone (304) 797-85 77 Fox (304) 797-5 709 06/01/201 6 0: Travis Blosser, City Manager From: Rob Alexander, Police Chief Reference: Stephen Moder, Probationary Patrolman Dear City Manager, This letter is a recommendation letter for disciplinary action against one (1) officer under my command, Probationary Patrolman Stephen Mader. Attached you will see a letter from Captain Rick Stead explaining his findings and recommendations after conducting an investigation surrounding Prob. Ptlm. Mader's actions or lack of actions during an early morning shooting on 05/06/20] 6. I concur with the Captains findings and recommendations of this particular incident, and as well for several other conduct unbecoming oflenses that are in the 201 personnel file of Prob. Ptlm. Mader. These consist of; but are not limited to, the 03/0 7/2016 incident on Orchard St involving the arrest of _he 04/12/2016 incident involving the suspicious death of and now the actions surrounding the early morning oflicer involved shooting. Prob. Ptlm. Stephen Mader should be terminated as it relates to his conduct unbecoming an oflicer and since he is still in his probationary status and under Chapter 8, Article 14, Section II of the WVState Code should not make probation here at the city of Weirton Police Department. Thank you for your consideration in this matter, Chief A. R, Alexander CITY OF WEIRTON DEPARTMENT OF POLICE EMERGENCY 911 Address All Correspondence to: 200 Municipal Plaza DISPATCH A. R. ALEXANDER, Ill Weirton. West Virginia 26062 304-797-3555 Chief of Police 304-797?8577 FAX 304-797-5709 May3l,2016 Chief A. R. Alexander, 111 City of Weirton Police Department 200 Municipal Plaza Weirton, WV 26062 RE: Probationary Patrolman Stephen Mader Dear Sir: Chapter 8, Section 14, Article 11, of the West Virginia State Code states the following: ?All original appointments to any position in a paid police department subject to civil service provisions of this article shall be for a probationary period of one year. Provided that at any time during the probationary period the probationary may be discharged for just cause, in the manner provided in Section 20 of this article. If, at the close of this probationary term, the conduct or capacity of the probationer has not been satisfactory to the appointing of?cer, they shall be noti?ed in writing, that he will not receive absolute appointment, whereupon his employment shall cease.? ?Just Cause? is de?ned as misconduct of an employee, or some other event relevant to the employee, which justi?es the immediate termination of the employment contract. It is the duty of a police of?cer to provide enforcement of criminal and traf?c laws with emphasis on providing basic enforcement and citizen protection from criminal depredation throughout the community and maintaining safety upon the community?s streets and highways. It is the opinion of this of?cer that Ptlm. Mader should be dismissed from employment by the City of Weirton Police Department before the close of his probationary period due to negligence on his part during the incident that occurred on May 6, 2016, in which a fellow of?cer had to react and unfortunately take the life of the suspect, Ronald. D. Williams, to ensure the safety of the victim and her young son at 119 Marie Avenue, Weirton, West Virginia, Hancock County, as well as other of?cers on scene and other citizens residing within the immediate area. SERVE THE ChiefA. R. Alexander, 111 May 31, 2016 Page 2 Ptlm. Mader was negligent in the fact that he failed to engage the suspect to end the threat of any further violence or potential loss of life as the suspect presented a clear and present danger to all people in the immediate area. On Page 5 of Ptlm. Mader's statement given to Lt. Eric Redish of the Weinon Police Department, he states, could tell .215 in danger ofbeing shot." but failed to react. Furthermore, on Page 4 he states, "He (the suspect) was now raising his gun higher. The gun was at about my thigh or torso area. His aim was damn close but I think to the lefi of me. If he would have fired, it would have been a torso shot to me. He was waiving is gun hack and forth betwcen mo -and The unfortunate reality of police work is that making any decision is better than making no decision at all. Law enforcement is a difficult career full of ever changing and fast moving scenarios in which decision making is a critical component and this incident is not the first incident during the probationary period that Ptm. Mader had exhibited poor judgment or failed to deduce facts and circumstances surrounding him. More specifically a prcvious incident in which he failed to View a Situation as suspicious which lead to an improper decision on the cause ofdcath for an individual and only afier the facts were discovered by other police officers and investigators dispatched, and an autopsy performed of the decedent that the cause ofdcath was determined to be blunt foroe trauma with a spine. Ptm. Mader was written up for this incident. It is this oflicer's experian as a 24 year veteran of law enforcement and holding many positions Within the police department, that no officer was ever trained to deduce the intention of a suspect or the possible area of impact that may be the result of the suspects discharge of a firearm during a deadly force. It is the responsibility of the officer to be aware ofhis target backstop and beyond during a deadly force encounter but this was not the situation facing Ptlm. Mailer. Ptlm. Mader was within several feet of the suspect ivith artificial lighting and was the officer in the best possible position to engage the suspect with little or no collateral damage, Ptlm. Mader's failure to react lefi himself and those around him in grave danger, facing the threat imminent bodily injury and or loss of life, Chief A. R. Alexander, 111 May 31, 2016 Page 3 It is my recommendation that Ptlm. Mader be terminated While still on probation because of the severity of the aforementioned situations and his apparent difficulties in critical incident reasoning rendering him ineffective and presenting himself as more of a liability to the Weirton Police Department and the City of Weirton, than an asset. Respectfully, 3/ I, . Captain Richard R. Stead Weiiton Police Department 200 Municipal Plaza Weirton, WV 26062 RRS/bjs