July 12, 1997 To: Capt. Larry Kopp T.O. David Cimperman Fr: Chief Staggers Ref: Notice of inquiry Pursuant to the collective bargaining agreement you are herby noti?ed that an investigation of the pursuit Initiated by T0. David Cimpennan on July 11, 1997 that resulted in a cruiser being involved in an accident and an of?cer injured Depending upon the results of the investigation and whether the pursuit Was within policy guidelines, will determine if disciplinary action of record will be needed. Each of you will be expected to cooperate fully in the investigation being conducted Chief liomas R. Stagger New Philadelphia Police Cc: Safety Director F.O.P. Rep. Mike Goodwin File July 23,1997 To: Capt. Lany Kopp T.O. David Cimperman Fr: Chief Thomas R. Staggers Ref: Disciplinary Hearing The investigation into the pursuit involving Of?cer Cimperman has been completed This matter is scheduled for a disciplinary hearing on Tuesday July 29, 1997. The hearing will be held at 1:00 PM in my Of?ce. The speci?cations that will be examined are as follows: A. Pursuit policy guidelines B. Firearms policy guidelines C. Standards of Conduct: 01 - A?irmatively promoting a positive public image 06 - Committing unsafe acts or endangering self or others. 17 - Knowing, observing, and obeying all directives, rules, policies, procedures. Since this hearing could result in disciplinary action of record being initiated, you will be permitted to have your Union Representative present. Chi Thomas R. Staggers New Philadelphia Police Cc: Mayor Safety Director F.O.P. File The following is a time line and transcript of radio communications between Of?cer Dave Cimperman and the New Philadelphia Police Department and other of?cers involved in the pursuit ofJuly 12, 1997. Time Unit Radio Traffic 13 Units Seven Mile Drive, I think I?ve got a running from me. 9321 13 Call OSP, see if their going to be out there, 913 in pursuit of a Northbound on Seven Mile Drive. 913 Copy 0327 20 05 Where are you at 11. 11 Just about where you are at. 032,1 913 913 to Units OSP has no one available. 1 1 Talk to us 13. 13 Go ahead. 11 Talk to us_ 13 He?s still going about a half a block in front. of me failing to stop, left of center, no tra?ic so far, we?re still heading out Seven Mile Drive 05 Close enough for a registration? 13 Not close encugh for it. 9323 17 13 OK hang, hold on we?re going on another street, Reeds Run Road, Reeds Run Road, Reeds Run Road, we?re on Reeds Run Road. 05 Left or right? 13 Made a right, right on Reeds Run Road, right. 11 I?m going to run out 39 east see if he comes across that way. 05 Clear. 0328312 13 He?s taking a right hand turn on Johnstown Road, right hand turn on ohnstown Road. 11 Freeze the lights 913. 0322,12 D30 You take it easy 13 he?ll lose it out that road. 13 Yea I?m taking it easy, he?s gaining a little bit on me, I?m watching it. 032 33 D30 Get Out there there?s one about a forty ?ve degree turn, a, out there a ways. 13 He?s making that hard right hand turn, looks like I?m coming up on it now. 05 Keep the lights froze 913. 11 I?m going out 39 in case he-?--one of the cross over roads or something like that. 05 913 you can clear the lights. 913 OK D30 Best bet is he?ll go to 212. 11 Probably. 913 913 to units OSP advised they have a unit in Somerdale if he heads that way. 11 Advise them to start heading towards, a, Johnstown Road where it comes out on 212 there. ?81717 EVE BEE Gd MEN HVBIWBL ?172 822 28:31 Time Unit Radio Traf?c 913 Clear. 13 But I?ve still got him in sight, a, he?s not gaining on me I?m catching up a little bit here, I?ll give you a better 39 once 1 get it. 05 Are you gonna head out 212, eleven? 11 That would be too far for me to get out there in time to do anything. 05 OK 79.5 79-5 to Phila units I?m on Barnhill Road headed that way, 79-30 is also working his way over from 52. 05 Clear. 9331,5111 13 Just passing Brown Hill, passing Brown Hill. 05 Loses me. 11 I know where he?s at. 13 I?m glad you do, I should start dropping bread crumbs here. 05 You do the best yOu can to get a registration and drop it. 13 I?m trying. 11 (unintelligible) Units, should be close when he comes out on 212. 13 Passing Polen, passing Polen. 13 Coming up on a stop somewhere, I don?t know the streets but we?re coming up on a intersection and he?s going right, taking a right hand turn 11 I think your on 212 now. 9333 32 13 I?m on 212, east 212, east 212. 05 913- Contact Carroll Co. SO give them what we got maybe they can head that way. 913 Clear. 11 OK, keep talking to us Dave. 13 I keep getting a little close, almost ready to get a 7 but he starts pulling away once we get on a straight line. 79.5 79?5 to Phila unit- I?m in radio contact with Carroll at this time, they are wanting to know a, violations. 13 Left of center, left of center. 13 Half a dozen stop signs and it looks like he?s running Without lights right now. 05 What kind of speed do you have too? 0335 52 13 Miller Hill Road, Miller Hill Road, we?re on a side street now, he?s slowing down considerably- but he?s still not stopping. 79.5 Phila unit advise if he continues on 212 out of the county there if he turns left on 542. 1 1 He?s turning onto Miller Hill Road I think. 79.5 0K. LBVV EVE BEE Gd MEN Head Hvev=at $81717 EVE 822 28181 ll Talktousl3. Time Unit Radio Traf?c 9332.05 13 We?re on Miller Hill Road, we?re getting ready to turn onto another street, I?m within 50 feet of him right now. I just can?t get the 7 he?s running a dirt road( I can?t get you a direction right now, get a location as soon as I got it. 79.5 I think he?s getting close to where 1 am, I?m about a mile away. 11 Let us know what?s going 13, you got an SO unit getting close to you. 13 Roswell Road, Roswell Road, we took a le? on Roswell Road. 11 Are you trying to follow him on the map 913? 913 I know where he?s at. $1222 13 13 to 913. 913 Go ahead. 13 Code 2. 913 Are you injured? 13 I don?t think so. 913 Units are you close to him? 05 Right go ahead and call somebody out for day shift, I?m gonna head that way. 913 Clear. Unit Name Department 913 Bonnie Sprout New Philadelphia 13 Dave Cimperman New Philadelphia 05 Capt. Larry Kopp New Philadelphia 11 Joseph Skinner New Philadelphia D30 Capt Jeff Kirkbride Dover 79.5 Sgt. Doug Burrier Tuscarawas Co. Sheriff Approximately 15.8 miles. This report transcribed by Captain Jeff Urban. New Philadelphia Police Department 481717 ?178 888 Cid MEN HOdd 2.81717 ?172 822 1781213 PURSUIT INTERNAL IN BACKGROUND: On July 11, 1997 at about 0326 hours Officer David Cimperman driving car 723 for the city of New Philadelphia?s police department observed a on Wabash Ave. The cyclist had his visor up not providing protection. The cycle went left of center after the officer turned around and the cyclist looked at him. The cycle then ran the stop sign at Wabash and North Broadway and the officer attempted to get the license number. Officer Cimperman was unable to get the license plate and accelerated to over 60 miles per hour to catch up with the cycle. The cycle was observed to go left of center several times. Of?cer Cimperman turned his overhead red and blue lights on and went after the cycle. At about Lakeview Officer Cimperman turned his audible siren and the pursuit began. The pursuit lasts thirteen minutes and covers approximately 15.8 miles. Officer Cimperman did an excellent job in providing his location and the route taken by the cyclist. INVE Tl ATION: In Officer Cimpermans statement he states that speeds exceeded 70 miles per hour and then would slow to 45-50 miles per hour. Officer Cimperman states that he closed to within several car during this time and was still unable to see the license plate. Officer Cimperman states that he heard Dover Captain Kirkbride tell him to be care?il of a turn on the road and observed some hard turns in the roadway. Officer Cimperman states that he slowed down when speeds seemed to him to be too fast and the slowed also for no apparent reason and allowed the cruiser to get within 100 feet of the cycle then it would accelerate again. This happened several times and Officer Cimperman felt it was like a cat and mouse game for the cyclist. At another point the cycle apparently shut its lights off as Officer Cimperman describes it as a shadow. Near this point Officer Cimperman says he was close to calling the pursuit off and saw the lights come back on near Miller Hill Road. The cycle was less than 100 feet in front of the cruiser and he began the chase again. After turning onto St. Rt. 39 the cycle slowed as it entered Sherrodsville and it appeared to Officer Cimperman that the cycle turned onto a side road and as he approached the area the roadway ended and he applied his brakes but crashed into a footbridge and rolled onto its top. The cycle apparently crossed the bridge and was gone. Officer Cimperman found himself upside down with the roof of the cruiser crushed down on the back of the seats. He attempted to break his way out with his ASP (metal expanding club) and when he found he could not he used his duty weapon to ?re one shot through the window and exited the vehicle. He tried several times to summon assistance using his radio and was able to make contact on North Fire band. As soon as Captain Kopp arrived he advised him of what had occurred and told him about the shot that was ?red. He then turned his weapon over to Captain Kopp and was transported to Union Hospital for injuries. In Captain Kopp?s statement he describes he heard the pursuit begin and headed towards St. Rt. 39 in case the vehicles went that way. He stayed near Penn Station listening to the pursuit and attempting to determine where Officer Cimperman was. Captain Kopp had Carroll county contacted. He advised Officer Cimperman to get the registration and terminate the pursuit. 2 During the pursuit he also requested the speeds of the vehicles but did not get a response. In Officer Skinners statement he veri?es the location of the himself and Captain Kopp. He feels that Of?cer Cimperman is not getting enough information and requests further information several times. Each time Of?cer Skinner asks a question it is responded to in an affirmative response of either where he is at or what is occurring at that time. A statement was obtained by Dispatcher Bonnie Sprout. She puts in her statement that just prior to the accident that Officer Cimperman was still unable to get the registration. This is veri?ed by the recorded radio traf?c. The radio traf?c was tape recorded and the tape was transcribed by Captain Urban and listened to by Officer Cimperman who veri?ed its contents. The pursuit route was driven by Captain Urban and then by Captain Urban, Officer Cimperman and Of?cer Goodwin to verify the route. The radio traffic is very close to the statements that were taken. A copy of the accident report is contained here as well as the statements and photographs as these items pertain to the pursuit itself. Other information about the perpetrator is not attached. POLICY INVOLVED: The New Philadelphia Police Department has a pursuit policy that covers the actions taken in the vehicle pursuit of July 11, 1997. The policy is clear that any motor vehicle pursuit that exposes officers, members of the public or the suspect to unnecessary risk will be inconsistent with the purpose of this policy and be terminated. Any pursuit is justi?ed when the need for apprehension outweighs the level of danger created by the pursuit. There are six criteria that are to be taken into account in any pursuit. 1. What is the possibility of apprehension? In this case the cruiser was unable to catch the perpetrator even when the perpetrator slowed and allowed the cruiser to catch up. Officer Cimperman is very aware of this and calls it Cat and mouse in his statement. Captain Kopp is listening to the radio traf?c and should be aware of this as Of?cer Cimperman states several times that he is close but just can?t get the registration. At one point within ?fty feet. 2. Does the seriousness of the offense necessitate a pursuit at excessive speeds? Officer Cimperman is aware that the pursuit began with a left of center and stop sign violation. Captain Kopp who is listening to the pursuit hears of?cer Cimperman states the reason as left of center and stop signs. 3. What type of locality is the pursuit occurring in? In this case we are talking rural roads at 3 :30 AM. This appears to be ideal conditions as there appears to have no traffic and little danger of pedestrians. The roadways traveled however do appear to be driveways at times and are very narrow some stone covered. 4. What is the time of day? The pursuit took place at 3:30 AM with clear weather. There was considerable fog in Sherrodsville later in the morning but Officer Cimperman states it had not begun until after the accident. 5. What is the condition of the chase vehicle? In this case the vehicle is a new 1997 Ford Crown Victoria and is in excellent condition. 6. Will the pursuit involve one or more chase vehicles? In this case although there were other vehicles in the area none were involved in the pursuit directly other than Of?cer Cimperman. 3 The policy is clear that the department is expected to pursue and arrest violators, within the limits of safety. All pursuits are dangerous and the unnecessary risk that the policy speaks of is a risk beyond that an average of?cer would encounter in a pursuit. The policy also states that the need for apprehension is justi?ed only when the need for apprehension clearly outweighs the degree of risk created. In this case the risk to the cruiser and the risk to the cycle rider is great for a left of center and stop sign violation. The policy also states that the supervisor shall immediately determine methods of identifying the ?eeing vehicle and tactics to stop it and coordinate the units involved. In addition the supervisor or the primary pursuit of?cer shall not hesitate to order the pursuit stopped if pursuit conditions warrant such. POLICY PROBLEMS: In this pursuit the cyclist clearly looks at the officer prior to the pursuit. The cyclist clearly slows and allows the of?cer to catch up, not once but several times. This should have told the of?cer that there was a possible set up in progress and the pursuit terminated. This should have also told the of?cer involved that he could not catch the cycle unless the cycle wanted to be caught and the pursuit terminated. The ability to apprehend was not there. The roads that were driven were passable at times at best and the concern for the cyclist should have been on the mind of Officer Cimperman. He should have also been aware that he had been within ?fty feet of the cycle and could not get the registration and this occurred more than once. The only logical end to this pursuit would be that the cycle stopped, which did not appear likely or that it crashed. With the policy mandating the safety of the cyclist as well, the pursuit should have ended. The license plate was not able to be seen. The order was clear to Of?cer Cimperman from Captain Kopp that he was to get the registration and stop the pursuit. When it became apparent that was not able to be accomplished the pursuit should have been terminated as per his orders. Pursuits often give the of?cer involved tunnel vision. They have many things to accomplish from driving, to maintaining radio traf?c, to watching for the license plate and stopping to think about terminating the pursuit may be difficult but the policy requires it. The order given to Officer Cimperman was ?You do the best you can to get a registration and drop it.? This tells the officer to pursue and get the registration. During the 13 minute pursuit Captain Kopp asks three questions. Are you close enough for a registration? Left or right? (Referring to a turn onto Reeds Run Road) What kind of speed do you have too? (Which was not answered. From 0331 when the order is given until the accident at 0339 Captain Kopp asks one unanswered question. (What kind of speed do you have too?) The policy is clear that the supervisor has responsibility as well as the of?cer in a pursuit. The supervisor is to determine methods of identifying the vehicle, tactics to stop it and coordination of all the units involved. With the limited information here that would be extremely dif?cult. Questions as to what is going on is left to Of?cer Skinner who merely asks ?talk to us Dave?. It should have also been apparent that in order to get the registration the cruiser going at a high rate of speed would have to get closer than 50 feet to get the registration. That would be an 4 unacceptable risk. Captain Kopp was stationary during most of the pursuit listening. He was not involved to get the tunnel vision that the officer would have and could evaluate the radio traf?c and make decisions. The pursuit should have been terminated at the point the officer was lost and did not know where he was( I should start dropping bread crumbs here), when the Violations that the vehicle committed are known(left of center) or when the officer states (I?m within 50 feet of him right now and I just caneasy thing to look at a record at a later date and criticize the efforts of officers under the conditions that they were under. In this case however, there are obvious areas where either the officer should have terminated the pursuit or the supervisor should have terminated the pursuit. If we add the common knowledge that Captain Kopp would have had about Officer Cimpermans problems in driving it becomes clearer. STANDARDS OF CONDUCT: In Standard number 6 committing unsafe acts or endangering self or others it is clear that the standard applies if a policy or rule is not followed. Also it requires you to behave in a manner in which any typical member could reasonably be expected to perform. There have been many pursuits in New Philadelphia and none have ended with the destruction of the cruiser or with the of?cer so close and unable to get a registration. This standard also covers failing to drive defensively and unsafe or improper handling of equipment which carries a reasonable risk of endangering persons or property. In this case the cruiser, the cyclist, the footbridge and the officer. In Standard number 1 affirmatively promoting a positive public image, it appears that the policy was not followed and the controversial conduct is certainly bringing about public criticism and has caused the staff and supervisory personnel to spend a lot of time investigating. In Standard 17 Knowing and observing the policies of the department it appears that the pursuit policy was not followed which ended in the injury of the officer, the destruction of the cruiser and public criticism. CONCLUSION: Pursuits are possibly one of the most dangerous aspects of a policeman function. One can always ?nd problems when we armchair what was done and when. When there are violations of policy they should be tempered with the culpability of the of?cer. In this case serious errors were made with severe consequences. It does not appear that any intentional act was committed by the officers. This does not include any discussion in regards to the discharge of Officer Cimpermans weapon to extricate himself from the cruiser after the accident. This report submitted by Captain Jeff Urban. New Philadelphia Police Department. New Philadelphia Police Department Case Report Incident: Pursuit Date and Time: 1/97 At 0326 Location: Wabash and North Broadway Suspect: Unk Of?cers: Cimperman, Capt. Kopp, Skinner, Capt. Urban Narrative: On 7/1 1/97 at Approximately 0326 Hrs, Of?cer Cimperman was on routine patrol West on Wabash approaching Lakeview. Of?cer Cimperman observed a "Crotch Rocket Style, with a Light Color background, with Lines, or markings in Red or Blue, and possibly Green. The driver, was wearing a light color helmet, with a darker pattern on the rear ofthe helmet. The driver, had the visor ofthe helmet up, not providing protection. Of?cer Cimperman turned around to observe the driver as a result ofthe No protection. The Driver, turned his head back towards Of?cer Cimperman, as the Cycle approached North Broadway. The Cycle drifted Left of center a short distance, while getting into the Left turn lane. The Cycle continued moving, not stopping for the Stop Sigh at North Broadway, and Wabash. The driver did not put his feet down, nor slow down under 20 MPH or faster. Of?cer Cimperman approached the same intersection to observe the vehicle, and was unable to see a License plate. Of?cer Cimperman also tumed North on North Broadway to observe the vehicle. The cycle began pulling away from this Officer at a high rate of speed. Of?cer Cimperman accelerated to over 60 MPH, with the Cycle pulling away from him at a rapid pace. Of?cer Cimperman observed that the vehicle was left of center several times at this point. At this Point, I advised other units that I may have a running from me on 7 Mile Dr., and to have diSpatch contact OSP for assistance if they had a unit in the area. I activated my Overhead lights, and continued attempting to catch up to the vehicle. As I passed Lakeview on 7 Mile Dr. I activated my Siren, and advised that I was in pursuit of the vehicle. At this point I was within 200 Feet of the Cycle, with both Lights, and Siren activated. During this Pursuit, there was no Oncoming traf?c on 7 Mile Dr. At this point speeds exceeded 70 MPH during short strait stretches, then back down to 45-50 MPH as road conditions allowed. I continued attempting to stop the vehicle, observing that he continually drove left of center for dozens of feet at a time. I looked but was unable to see a license plate, even when I closed to within several car The cycle then turned Right onto Reeds Run Rd. and continued (in that road in the same manner he had on 7 Mile Dr. Left of center, exceeding the speed limit. During this time, Other units advised oftheir direction and were attempting to get into a position to assist in the Pursuit. The Cycle turned Right onto .lohnstown Rd. I advised dispatch, and the other units ofthe new direction. Dover Police Department unit #30 advised that there was a sharp turn on that road a distance out, and to use caution I reduced my speed, and observed as the vehicle pulled away from me. At the sharp turn Dover 3O advised of, I again got to within 100 Feet of the suspect vehicle, again attempting to observe a plate, but was unable to see a plate. During this time, I continually advised dispatch of My location, and what streets I passed. Speeds ranged from 45-65 MPH depending on the road conditions. At this time Capt, Kopp advised to do the best I could to get a Plate number, and drop the chase. I advised ?I'm trying?. I backed offa short distance due to road conditions, he pulled a short distance ahead. I observed as he Turned right onto a paved road, I advised dispatch, and other units, and again caught up to the vehicle, again attempting to see a plate. After a short distance, I observed a sigh indicating that I was on 212 East, and advised of same. He accelerated to a high rate of speed in this area. I felt the speeds were too high, and backed down, allowing the Cycle to pull away. The cycle, then slowed down for no obvious reason, getting within 100 feet of me at this point. I was still unable to see a plate on the Cycle. After a distance of "Cat and Mouse" (Pulling away from me, then slowing down, allowing me to catch up for no apparent reason), He pulled away from me at a high rate of speed, out of my sight, then I observed a shadow some distance ahead of me, that I believe was the Cycle running without lights on, and I advised the units of same. I slowed, and came to a stop at Miller Hill Road. As I stopped, I picked up the radio to advised the other units that he was not in sight, and I had stopped. As I picked up the Mic, The Cycles lights came on, and he sped off on Miller Hill Rd. At that point, he was less than 100 feet from Me as I was stopped in the roadway. The Cycle pulled away from his location rapidly, but immediately slowed to 30-40 MPH, and continued at that Speed while on Miller Hill Rd. He turned onto Dana Rd. again at slower speeds I still was unable to see a plate on the Cycle. The Cycle turned Left onto Roswell Rd, SR39), and pulled away from me again, He would get a short distance ahead of me, then slow allowing me to close the distance, then accelerate again. As the Cycle entered Sherrodsville, he slowed to under 40 MPH. I observed as he turned Right onto what looked like a side street, I followed, and again attempted to rear the plate. As my vehicle came to the bottom ofa dip in the ?Road", my headlights illuminated ahead of me, and I observed that the "Road" abruptly ended. I hit the brakes, attempting to stop, and slid into a Foot bridge that the Cycle was crossing. As my vehicle crashed through the railng of the foot bridge, It rolled end for end, coming to rest on the roof. When the vehicle came to rest, I unbuckled my seat belt, located the Mic for the radio, and advised dispatch that I had been involved in a Code 2. I believed that I was in a creek, and attempted to exit the vehicle quickly. I attempted to open both front doors, with no success, the Drivers side window was smashed, and too small for me to exit, the Roof was smashed down onto the seat backs, preventing me from exiting the rear thru the Cage opening, and the Passenger side window was intact. I removed my ASP, and attempted to break the window. I struck the window 4 times, and was unable to break it. Believing that I was in, or near the Water, and concerned that the vehicle would sink in the water. I listened for a few seconds and heard nothing. I removed my Duty weapon, pointed it at a downward angle, and ?red one round through the window, shattering it. I immediately crawled out, making my way up the embankment. I heard the other units calling me, I attempted to respond but was unable to get out. I returned to my Vehicle and retrieved a portable radio, with Intercity Channel on it, and attempted to contact someone on that channel. The radio was damaged by the crash, and not working. I started changing channels on my issued portable, attempting every channel on the Police Band, with no response. I switched over to the Fire band, and started attempting to contact assistance. On North Fire, I was able to contact Central Communications. I advised them Who I was and requested they contact New Philadelphia Police Units, and advise them of my location. While talking to them, I walked over the bridge, and observed that I was behind a US. Post Of?ce, I advised them of my location, and within a few minutes, 7930 arrived at my location, followed by Capt. Kopp a few minutes later. I advised Capt. Kopp of the location, and status of my vehicle, and what had happened just prior to the Crash. I advised him of the Discharge of my weapon. Capt. Kopp requested EMS reSpond to my location. I turned my Weapon over to Capt, Kopp, and was treated, and transported by Sherrodsville Fire/Rescue. While being transported, I overheard one of the Female Rescue Personnel state that she had heard the siren, and She advised that the siren abruptly stopped, and the sound of the Cycle continued for only a few seconds longer, the stopped also very near her residence. I do not know the name of the Squad person, nor her residence. Respectfully, David F. Cimpennan, Jr. Traf?c Officer New Philadelphia Police On 7-10-97 I was Captain of the midnight shift. At approximately 0325 hrs. Of?cer Dave Cimperman advised he was going to be in pursuit of a out Seven-Mile drive. Of?cer Joe Skinner and myself were on the west end and proceeded towards Cimperman's location. Cimperman was giving directions as to the roads he was turning onto during the pursuit. I went out SR. 39 towards Roswell as I thought they could end up out there. I met Of?cer Skinner at Penn Station which is just past the Red Onion. We sat there and discussed the pursuit, listening to the road Cimperman was on, trying to determine where it was headed. Deputy Morrison (7 9-3 0) joined us. One of the last roads given by Cimperman was Roswell Rd. Deputy Morrison advised that was just outside of Roswell (not far from where we were). Thinking the was coming towards 39 I had dispatch contact Carroll County 80. top advise them of the pursuit in case they went towards their county. Sometime during the pursuit I asked Cimperman what the speeds were. I don't remember hearing a response. I then advised Cimperman to get a registration and terminate the pursuit. Cimperman then came over the radio advising he was involved in a code 2. I then had dispatch call an of?cer from the day shift out to work the road and I went out to the last location Cimperman gave. Deputy Morrison met me there and we both looked for a while but did not ?nd him. We tried several times to contact Cimperman but either got a scratchy response or no response. Sometime later, 911 dispatch called us and advised our unit was involved in a crash in Sherrodsville somewhere near the post of?ce. I then proceeded to that location and located Of?cer Cimperman who was with Deputy Morrison. Cimperman advised he was okay, just shook up a little bit. I asked him where the car was and he pointed towards the rear of the post of?ce. I looked back there and saw a vehicle down an enbankment. We went to the vehicle and I discovered the vehicle was on it?s roof. I asked his what had happened and he advised he did not see the footbridge until he was right up on it and he could not brake in time. Of?cer Cimperman then went to one knee, holding his head. It was determined at this time to contact an Emergency Medical Squad. O?icer Cimperman advised me at this time that he had shot out one of the windows because he was trapped in he car. He advised he ?red one round through the window. He then gave me his duty weapon. He then began being treated by the EMS workers. One of the EMS workers advised she head the siren and the coming towards town. Then she did not hear the siren anymore and the came down her alley and the engine shut off. She advised one person who has a in that area was a Louis Leatherman. A Carroll County Deputy went to that area and discovered a behind a garage. He came back and I followed him to that location. The bike was still warm and the license plate was about 1 foot under the back fender making it hard to see. The deputy knew Leatherrnan and went to his residence, eventually bringing him to the garage. He was asked if this was his bike. He advised it was. He was asked if he was running from the New Philadelphia Police Department this morning. He advised he did not, that he came back into town with a friend, Johnny Bagozzi. He advised Bagozzi left New Philadelphia ?rst with him following later. He advised he saw Bagozzi up ahead and knew it was his because of his taillights. After asking him a few other questions Leatherrnan was taken home. After taking care of some other details involving the cruiser, myself and the Carroll County Deputy went to Bagozzi's residence. I woke him up and asked him to come to the cruiser so I could question him. He came willingly. Bagozzi was advised of his Miranda Rights to which he signed and stated he understood. He was advised he was going to be asked questions about the pursuit. He was asked his activities of the early morning. He advised he was riding the Boulevard in Phila with some friends and stayed out till about 3:00 am. He then was tired and decided to go home. He advised that later on one of his ?iends. Louis Leatherman came up behind him on SR. 39 and eventually rode beside him. I told him that Leatherman gave pretty much the same story except he advised he stayed behind Bagozzi and never came up beside him. I asked him if Leatherman called him and told him to tell this story. After sitting and looking straight ahead Bagozzi said that it was a lie, he never did see Leatherman on SR. 39 and only said that because Leatherman asked him to. When asked why his friend would ask him to lie if there was nothing wrong, he said he had no idea. It was determined to take Bagozzi to the New Philadelphia Police Department for further questioning in reference to this matter. Captain I eff Urban then talked with Bagozzi and eventually he told the truth about everything. A statement was taken from Bagozzi and he was taken to his residence. I advised Captain Urban that a round had been ?red by Of?cer Cimperman to extricate himself from his damaged cruiser. I also typed a memo to Chief Staggers in regards to the same matter. NEW PHILADELPHIA POLICE DEPARTMENT SUPPLEMENTAL REPORT OF PATROLMAN JOSEPH W. SKINNER for pursuit of by Of?cer David Cimperman On the date of July 11, 1997 at 0325 hours I was on routine patrol. At that time I was at Walmart on Bluebell Drive NW. Of?cer Cimperman advised dispatch that he was following a and it would not stop. He then advised he was in pursuit going out "Seven Mile Drive". Captain Kopp asked me my location, and advised him about the same place he was, as he had just called out to eat at Denny's restaurant. I proceeded to go through town, running with lights and siren, and advised Captain Kopp that I was going out State Route 39 East to Tabor Ridge Road in case the suspect on the came back across one of the cross-over roads. I pulled into the parking lot at Penn Station and parked. Captain Kopp pulled in beside me a minute or so later. I did not think that we were getting enough information from Of?cer Cimperman so I began to talk to him on the radio to try to get his locations. He began to give us his cross roads that he passed. Captain Kopp advised him to try to get the plate and terminate the pursuit. He also asked him his speed, but did not get one from Of?cer Cimperman. I stayed at that location till I heard Of?cer Cimperman come across on the radio and advise Code 2. I tried to make ?irther contact with him but was unable. Captain Kopp then left to go out to the approximate accident scene. I asked him if he wanted to call someone out and he advised dispatch to go ahead and call someone else out. I went back to the station were myself and the dispatcher Sprout continued to try to make contact with Of?cer Cimperrnan but to know avail. We were contacted by Central Dispatch who advised that they had made contact with O?icer Cimperrnan and gave us his location. They advised that the was stating only bumps and bruises suffered. Central dispatch called back after that several times. One time was to see if we thought that a ambulance should be sent and I advised them yes to go ahead and send one. Further contact was made about a tow truck. I had dispatch advise Central dispatch that we would send a tow truck from New Philadelphia so that there was know problem with were that car would be taken when it was towed. At approximately 0500 hours I went to the Union Hospital to the emergency room to see Officer Cimperman. The statements he made to me at the hospital were, I saw the slowing down, so I started to slow down so that I could get the plate and terminate the pursuit. I looked at the bike and back to the road and saw the bridge so I locked up the brakes and tried to get stopped, but could not." He also advised me that the cruiser was totaled. His weapons had been taken at the scene so I took his personal belonging and brought them to the station. This report submitted by Of?cer Joseph W. Skinner NEW PI-HLADELPHIA POLICE DEPARTMENT DISPATCI-IER BONNIE SPROUT STATEMENT REF: OFFICER PURSUIT OF On July 11, 1997, at 0325 hrs, Of?cer Cimperrnan advised me that he would be in pursuit of a northbound on Seven Mile Drive. O?icer Cirnperrnan requested I contact OSP and see if they had any units in the area. I contacted OSP and they advised they did not, but had a unit in Somerdale on a call. I advised Of?cer Cimperman of same. I began to log Of?cer Cimperman's radio traf?c to get track of where he was. At 0327 hrs, I requested I freeze the lights, which I did and cleared the lights at 0330 hrs. At 0333 hrs, I advised Carroll Co. 5.0. of the pursuit and requested they send a unit that way, and they advised they would be enroute. I continued to log Of?cer Cimperman's traf?c and at 0338 Hrs, O?icer Cimperman called Code 2, and just prior to the accident O?icer Cimperman had advised he was still unable to get the the registration of the At this point I lost radio contact with of?cer Cimperrnan. O?icer Skinner came on station and we attempted to locate Of?cer Cimperman on the county map and I tried radio contact several times, but got no reSponse. Central Dispatch advised us thru 911 Intercom that they had contact with Of?cer Cirnperman and he was in Sherrodsville behind the Post Of?ce, they advised he was not injured seriously, but had some bumps and bruises, wanted to know if we wanted an ambulance sent and a wrecker. Of?cer Skinner advised to have them go ahead and send an ambulance and we would dispatch a tow truck to bring the cruiser back to New Phila,, I advised them to contact Capt. Kopp and advise him that I would be dispatching Rosenberry to tow the cruiser. Ithen dispatched Rosenberry's at 0411 Hrs. I spoke with Carroll Co. 5.0. a couple of times, they wanted a description of the and if Of?cer Cimperrnan had gotten a registration. Carroll Co. 8.0. advised they had a stopped and needed this information. I made contact with Union Hospital and asked them to call when O?cer Cimperman arrived. After the hospital called I contacted Carroll Co. 8.0. and advised O?cer Cirnperman advised it was a red and white crotch bike but he was unable to get reg.. This statement submitted by Dispatcher Bonnie Sprout, N.P.P.D. Ul/LI/jl CARROLL COUNTY DEPARTHENT RALPH R. LUCAS I SHERIFF 43 SECOND STREET SOUTHEAST CARROLLTOH, OHIO 41615 333-627-2141 OFFENSE i INCIDEHT REPDRT INCIDENT ZONE: 12 DRTE: JULY 17.1997 07-1098~97 VICTIM: NEW PHILADELPHIA POLICE DEPARTMENT QDDRESS: SECOND ST. NEW PHILADELPHIAVDH DRTE UF JULY 11:1997 TIME: 03:44 A.M. LUCHTIDN BF INCIDENT: PARK QRTICLES TRHEN UR THE UNDERSIGNED OFFICER wAs ADVISED THAT RHILA POLICE WERE INVOLVED IN A PURSUIT INVOLVING A H0T0RCICLE.THE PURSUIT ON SR. 212 AND CROSSING ATNOOD DAM AREA. 03:40 A.N. TUSC.CO.795 ADVISED THAT BACK IN TUSC. c0. AND THAT THIS UNIT COULD DISREGARD. 03:44 A.M. ADVISED THAT NEH RHILA UNIT INVOLVED IN A ACCIDENT. 03:49 A.H.TUSC. CO. #795 ADVISED THAT NEN PHILA.UNIT WAS OUT AT FOOT BRIDGE IN SHERRODSVILLE BY THE BANK. 03:49 A.H.RESIDENT AT 34 SECOND ST.SHERRODSVILLE 0N PHONE ADVISING THAT RENT THRU TOWN AND THE CRUISER ALSO.THE CALLER ADVISED THAT SHE THEV DID NOT HAVE VISUAL EITHER VEHICLES. 03:55 A.H. TUSC. THAT THEY LOCATED PHILA.OFFICER EI EOOT BRIDGE. 03:57 A.H. ADVISED THAT RHILA OFFICER Is INJURED 03:59 A.H. TUSC.CO.911 DISPATCHED SHERRODSVILLE EMS. 04:09 A.H. TUSC. CO. SEERRIEES DEPUTYS LOCATED A AT LINN AND SPRING ST.EEHIND A BUILDING. 04:13 A.N.THIS UNIT AND SGT.HEESE TUSC. CO.UNIT WENT TO SPRING AND LINN STREET TO LOCATION OF wAs STILL HARM AND THE LICENSE PLATE HAS NO VISAELE.THIS OFFICER HAD TO SEND THE LICENSE PLATE ERACRET DOHN IN ORDER TO READ THE PLATE NUMBER.0HIO THE LICENSE PLATE IS LOCATED BETWEEN THE REAR FENDER AND REAR TIRE AREA. 04 23 AN.THIS UNIT ARRIVED AT THE LOUIE LEATHERHAN RESIDENCE AT SHERROD AND HILL ST. 04:30 PICKED LOUIE LEATERMAN UP AT HIS RESIDENCE AND RACK To THE LOCATION THE L0CATED.LOUIE HAS READ HIS MIRANDA RIGHTS AND ADVISED THAT HE HAS WILLING TO SPEAK WITH OFFICERS. SUSPECT: DOE: soc: 4 HDDRESS: DEPUTY: aw.- UH?nuhh R. LUCQS SH RIF: SUPPLEMENT REPORT CRSEI: 07-1098?97 INCIDBJT: INCIDENT unia; JULY 17,1997 OFFICER: GRAHAM pnsaa; I LOUIE LEATHERMAN ADVISED THAT HE PARKED HIS AT THE LOCATION OFF SPRING AND LINN ST.BECAUSED HE DID NOT GET HOME IN TIME TO PLACE THE BACK IN HIS MOTHERS GARAGE AND THAT IT WAS ALSO HE HAD KNOWLEDGE OF THE ACCIDENT PRIOR TO THIS OFFICER ARRIVAL AT HIS RESIDENCE BECAUSE HIS SISTER LORI BUCKEY HAD CALLED TO SEE IF HE HAD BEEN INVOLVED BECAUSE HER HUSBAND MIKE HAD BEEN INVOLVED IN AN ACCIDENT LAST YEAR ON A THAT RESULTED IN HIS LEATHERHAN ADVISED THAT HE HAD BEEN IN AREA AND HAD ARRIVED HOME 3:30 AM. AND THAT HE HAD BEEN RIDING WITH JOHN BAGOZZI.HE ADVISED THAT JOHN HAD LEFT A FEW MINUTES PRIOR To HIM BUT THAT HE HAD CAUGHT UP WITH JOHN AND HAD VISUAL SIGHT 0F HIM BUT NEVER HAD CONTACT WITH HIM OR SPOKE To HIM AFTER BEING IN AREA. SIGNED: POLICE II, nq IVER-PEI) ESTIIAN-VEHI CLE SECTIO OCCUPANT omo TRAFFIC CRASH REPORT OH 1 (Rev 14:2) :2an Rananrmc AGENCY H. I: I. I: so m\ ODHS USE ONLY - DO NOT ABOVE UUC IILESIM IF ?01' EN .. 9 .. (A. 5.5: x12, 11 mom sum,? 1:251 II ans" {WP?cl: near 595%.; 53:33:)? 3 cm. mo [j IOLVED I rr ?In: Emma" LJ not-awn an? ??55 UNDER ?50 u?soum 3 NEW 0' l? on: or cans-I arr IIHE. IIUYAHT . IN a WILLIE-HE Tm- I: u?luj/ 97 (.1338 on THE INTEISECTION 0F fm/ I 657- a? NEAREST SYREET. MOUSE ND ND W55 MD. DRIVER-FE MIME Ll -. . mm[114-1 i1- :1 "luv-'lriL-L t-?J INEUHAHDE :0 I'm F172: FD- STREET. ITATE. mm: curt: 0cm. ?funrrv no. frail/i; 37/? @775 STATE . ?5 0L W/a own an: A: clump WRITE SAME) moan: 5; gr". A?-g - 3/14; . ma an: cum-I mm: A rum4?5 CIRCLE DAME: lE'b?llT? can: VEHICLE FIRE Io umncm Nomwnc?om nous ?can?; onward AMI Bade me 11 Low FUNCTIONAL LIGHT Enema Reunmeo IT SCENE HIE DUE 70 I I: IRMLER law? m: war 0. or mannrmu "an0 alumnus: m1- I. Run non-couum sum-ICE co. no. on meat mmnnenesmum NAIIE (um. mar. an nouns" luau 5min. Cm. STITE. ZIP CODE) no. urn-Ions AGE IOCIAL EEGUIM no STATE LICENSE no OCCUDATIDR I II on? u: sue DINEII. IBITE hue) wanes: van vn RAKE noon cow- unu sun unease cut! so. 70mm: cal-Inc: null-Eu um i! TD CIRCLE 'l a In no: save-Inn ounce I.CALE VEHICLE FIRE guns? 1: Egan? NON-FUNCTIONAL DNONE Ionian: names In? ID FIRE . 11 mm ruucnonz. 0 new HEAVY AT scan: runman um" Iona nae "we (um. tum: m; IIBYMDATE not POSITION INJURIES Rubles: man: I 5E: ?3 FIRST. ll) AGE gin-[Dug - 1? . i MESS 55! 7 5 ?01' muggy mu: (usr. manADDRESS man: ?13: 1 ?um ?us ?an. mm. I1) alumnus no: 3 Egan-g" as I LEEP l" I-PEDEGTIIAH mulcu onset I omen comma-I 7 uumowu a INJUIED TAKEN 90 Dr I. 7 lc?ln I I ALCOHOL '9 . . I Tuna I TESTED I new usen . . INJUREO nuts! 10 I Immune :?cm-um. am 5 [3 Olsen: Duncan AND uscmmou 1 cm Lo 5.5m sen nan um? I AIR luau user) 3 Han um Inn-men I use ?or ?romeo I HID ?run DEFENCE CHARGED IND EJecnou Dance 0 I la Jo I: A Its?hen i imam C1. in own mm mm. mamas :1 IE5 I vs: @513 ?79 I :31?an ?0 ?0 - a omen 3 mm none CHECIED Ronni" mm: "mm: "moo ?mmoa?n owe I I I?ln/I? 1r}; DIR: Jumulmonua HSY mm JLL-GI: I1u.uur_ ugh LOCAL IIEPOIIT 055cm" Inn-In HAPPENED 'y/Z 63?] 1'0 3242? Ara/es jg? 23:54?? 4/ 7? mxz??f/ W1 LAW ,6?sz 22? 74%- ?26319? ?eas: @7152: r' 2/ #51 65212:? @127 4w WWM ?75/ 7:53?" (or! 424/ ?775 777?? ?it/4m) IFIST HIGH Two Tumsvon?r in." mmol' 011m: 1 HEAD on a REAR-END a neg 0 now commons L2 1 DIV I ICE ANGLE 1 3 CINE TRANSPORT . a snow (COLLISION) :gagga?gdfo334?? 2 warm?? 1; 1 nus: 0mm 13 men OBJECT In. 1? OTHER OBJECT L-: 1L N) ROM) 15 o. IN 16 ammo g?gg avg: 2 gag ?g 11 01mm NON-COLLISION i? 1: LOCATION 8 accum??'ce 1 "unmet-an '1 _1 ma 3mm" 3 an! no: a - LEFT SIDE I OH LII-HE. ACCEBE Fl DIVIDEO 4 mutant: mar-MI unmaswuama man 1 II - GT: SPECIAL I PROPERTY I I now coumucm? I I UMNTIHAHCE MEL I 2 SCHOOL ZONE ""75 0 a ACTIONS CONTRIBUTING FACTOR can Bus DRIVER PEDESTRIAN ACTIONS DIIVEII ERROR NON-DRIVER FACTOR 1 sun-comma 16 Eco-mm 1 Come 1 caussmu In I HOME 1 VEHICLE am 2 com-ACT 17 CHURCH runmuc 10 cnossmu omen 2 sum-c to WELD In Law ?Imus 3 ml: SIIE 1! WILIC a TURNINGL ENFT I'm 3 ?gag?vue?go :0 39FULL EMERGENCY Uung:o '0 m" CLOCELY on Item 21 DEFECT POLICE VEHICLE Home DEDIIS on now 5 chun 20 Ema ?rnu CI: 1 In Turn: name) stop on YIELD z: 21 muducantscus a puvmc now SIC EICIINEVIOE 1 STRAIGHY TIUCK I "nun a realm: on new 1' WIN 24 VISION onsmwou I moon to ?Cu-nu an an a nssme as AMI-AL ?moss no mum II magma LEAVING VEHICLE LANE as vacuum-I ACTIONS TIILICII macro: 31 12 cumulus 25 ausummonumn clinic! Io "man EEII- 3' 1: Imam-yum? ouv IN no?: 10 Imam sac-mu:- ?mm, 115 mu VEHICLE any 29 omen now 37"" VEHICLE DEFECTS 11 Tum-on 3 1- am or cournm :7 on on noun "an0 mama" cane IF 3" SNOW-0 5' LE 15 snouwm 1: SYOWEU on mums EDUIP Ia DIIVEILISS VEH "?30 "It? II 1 an omen 150:: 10 UNUGCI FAILURE TO [In 1. I I: leaner. To me: 31 IICYCLE ??ne A I FIXED A I Is onwea 14 lac OVEII mac 3: ALL omens CONTROL OBJECT 6/ 1: move on now 15 umomzsu EICVLIE IEADON wows - mss?um II CIHEII oawen Emma DRIVER 1 HOME I a 1 no con-rams 2 Imurv DOLE II a 35? a - SPEED HELMET USE 2 stop 5qu name SIGN ?no 0 a YIELD 5qu a I II TRAFFIC mom-IL uunno ., mm as? 1 LEGAL um I 0mm PASS 5 rum: . FENCE 2 Wm :zggm I swam tau: 1 nu a FREIGHT 3 rm 1 CIOSIIUCIS I WIUBDEIY I . I ?anvo 9 cuna I Hummus an 5 10 cans? 11 EIIMIENT Hummus 5mm 7 I?Dl'll DI :Llcl TIIEG It POLICE OFFICER 1! BUILDING I THAI I HMH 12 wave-Inn mama: 1: IML no: 511%. IET 13 OYHEI comvcwou smol?w ?counts: ?0557?? 1 TRUCK Emu? "cm. can 1: no census 5 5 0 II mm In YTPE HELMET Is cnosswALI: 07?? 19 'lLlIm Inn: DEVICE arc: UUC 11:42 87/15/97 OH-Z (Rev. DATE OF ACCIDENT ?77 QHIO TRAFFIC ACCIDENT DIAGRAMINARRATIVE CONTINUATION 5:53. (gum/V . . 2'34?" REPO HTING AGENCY 555311 97;: ngas' LOCAL IN COUNTY OF ?aw/K V: menu-rune ,4 My HSY 7002 th .II. In] .L: CD?b??o 02. UT: ID whim . ?Illa .w CW r2. mHm?lmD< Dm xiAPim. I - I Ohm. 111m" [mum? pun. .un. gag Ti. .2Dr LIHXW .. . . l. . D. I Lkkaxk A). libn?r?mu" 1.3x? a. . ?n Hm ITnfu In.? DZU ?lfum Fm Dull .Immcm_uma.hc.ZD_r .I .II 1.1 II (nth. - .2 (AND: . NBC Mr Piocz? .. I. 1 1 2m" u_IWD.mm 4.1mm ?lm mm?cmmn?m?u I. .13 . mm. .n Flzmum? .0 OWZHNO. .I .. . Dim;D 309mm. n: 2.3.1551}: I fr 4. when it can be determined that the alarm drop was accidsncal or that a holdup occurred, but that the sus t?en our dispatcher will instruct the ottic-u bank parking lot. r1- I43 E. Bani employee will then exit the bank to contact the oificers (Employees will carry a 12? square white card to confirm that everything is alright). Dptional Bank discretion White card to indi-ate no problem. Red card to indicate something is wrong. PURSUIT POLICY Pursuit: Involves one or more New Philadelphia Police units attempting to apprehend a suspect in a motor vehicle when the operator I motor vehicle is attempting to avoid apprehension by means o? high speed driving and or evasive manuevers. Purpose: The primary purpose oi this policy is to establish guidelines +or use by New Philadelphia Police Utticers in the pursuit and apprehension of {leeing suspects. 73b 4553? mu. ran ?3 . - urhm?ljl'au The City-of New Philadelphia and it?s Police Department?s primary . rasponsibility is the protection o? li+e and property. Hny motor vehicle pursuit that HDDSEE officers, members of the publicunnecessary risk; that pursuit will be inconsistant with the purpose of this policy and shall be terminated. any pursuit is Justified only when the need +or apprehension outweighs the level of danger created by the pursuit. Th +ollowing criteria need to be taken into consideration beiore II: Engaging in a pursuit. what is the possibility o+ apprehending the subJect ilseihaf 1. Does the seriousnes of the necessitate a pursuit at excessive speeds? o. What type of locality is the pursuit occuring in? Is it in a residential street, business district.J state highway. or county road? 4. what is the time oi day1 what type of tra++ic and weather conditions are in eTTe 1?3 .ct at the time o+ the pursuit; . what is the condition of the chase vehicle? 0 Will the pursuit involve one or more chase vehicles? Members o+ the New Philadelphia Police Department are expected to r.ursue and arrest violators of laws within the limits of saietv. The Tollowing State Laws must be adhered to while engaged in a pursuit. 1. 45411.03 Emergency or public sa+ety vehicles to proceed cautiously through any red or stop signal. 2. 4511.24 Emergency vehicles excepted Trom speed limitations. 3. 4511.45 Right?o??way of Public-Sa+ety vehicles. 4. ?513.21 Sirens. horns, and warning Thega laws place the Tollowing requirements upon the operators oi public safety vehicles: H. The operator must drive with due regard +or the sa+ety o? :ll persons using the streets and highways. B. A public safety vehic'e only gains the right?of?way when both the pursuit lights and siren are used together. The Tollowing shall be deem the regulations of the New Philadelphia Police Department with regards to emergencv responses and pursuits. 1. The number o+ vehicles engaged in the pursuit shall be determined by the shiit supervisor or senior DtthEF. I. marked pnlice vehicles will be used in an emercen: response or 'i The o+ticer initiating a pursuit shall immediate the dispatcher in plain language o? the %ollowing: a. Location B. Direction o4 travel C. Description of the vehicle and occupants D. Reason for the pursuit Intentions of the pursuing o++icer The dispatcher shall immediately noti+y all nearby departments 0+ a pursuit in progress as well as the shi?t supervisor. The supervisor shall immediately determine methods oi ident? i?ying the fleeing vehicle, and the tactics to stop the violator, plus coordination of all units involved in the pursuit. ot The supervisor or the primary pursuit officer ll conditions hesitate to order the pursuit stopped i+ pursu warrant such. sha it Tactics and Use of Force to Stop Violators Any pursuit at high speed can be considered extremely dangerous, and pursuit is only Justified when the need +or apprehension tlearlv outweighs the degree of risk created by a pursuit. 1. Can the suspect be identified and apprehended at a later time? Use a spotlight to illuminate rear window and interion the vehicle. This will help to get the attention oi the and to identi+y the occupants. Use of roadblocks to stop violators. A. A moving roadblock will not be utilized by members o+ this department to stop a violator. H. Stationary roadblocks may be utilized, but only with the authorization 0+ the Supervisor in Charge. ell station? ary roadblocks shall be designed in such a wa, as to leave an area or open path through which a vehicle ma~ proceed slowly. ?amming of the TTeeing vehicle by poTice units or Tor I155 eine vehicie into Earned motor vehicTesn or other obs .1 a rt ?Hi oe considered ewceot in such circumstances where in the judgement o% the superv1err such actions :re deemed necessary to protect the LE: FIFEQEHE pepartment poTiey in the use oT deadTv Torce shai] be Strictiv a weapon Trom or at a moving .5 aznered to. No oTTicer sha except as the uTtimate measure of seTT?deTense or for tne oT anotheg when the suspect is using dead1y Torce by means nther than the vehicTe itse1+. IS IN CHARGE MULTIPLE DEPARTMENTS gee imwptuep The department originating the pursuit shoqu notiTy other nearby o% the reason Tor the pursuit, the route of the pursuitU steedi etc. The originating dep:rtment should remain in Cuerge un?ece entering a substantiaTTy diT+erent Jurisdiction. In these insta cesq the pursuit shoqu he turned over to the department with authority and which is in position to +o11ow through with the pursuit. The department originating the pursuit should remain in centre} and he responsihTe for the outcoHe unti1 turned over to another oepartment. Ether departments shoqu not Join the pursuit on take action without a request +rom the originating agency, and should maintain a pack?up position, Writinating in the Cit; o? New PhiTadeiohie and enterzre - p? 1- unner epoveu wiiladelphia Police Unit engaged :h pure u.i; outside of Wis wr?roiction shall cease pursuit upon orders from the agenC' ha. 2g Jurisdiction. or from his shift supervisor. HISCELLQHEOUS PROVISIONS: lJ LJ l-J a Only marked police vehicles shall engage in pureUits. Un-marked police vehicles shall be relaga.ted to oacl?uo status. New Philadelphia Police Officers will not engage in pursuits while Civilian passengers are in their police venic:? This includes those passengers that have signed waivers of liability to ride as observers. Pursuits that involve going the wrong way on one?way etr eet are strongly discouraged and will be ordered ceased except in those instances where, in the Judgement of the pursuing officer or supervisor, such actions are necessary to protect the safety of the public. A synopsis of the pursuit, including the reasons for use of force shall be forwarded to the Chief of Police by the pursuing officers at the end of their shift of work. OFF DUTY DETAIL POLICY The Chief of Police will designate a member of the police epartment to arrange off duty details and lwee records :6 those details and post those details in such a ma.nner the-.t each officer has the opportunity to sign up for work. The payment for those details and the manner in wh_ch 4'he'} are allocated will be by majority vote of the members police department. all officers working an extra detail will be in Tne Chief of Police or his designate in his absence will decide whether any change in the uniform of the day will be allowed. The Officer in Charge at any off duty detail will be the officer of highest rank or the officer with the mcI :eniority. 06 COMMITTING UNSAF ACTS OR ENDAN GERIN SELF OR OTHERS Members shall not unlawfully commit acts or behave in such a manner that has the potential for endangering or injuring themselves, property or another person. Business necessity for this standard Safe behavior in public service work is paramount because of the level of public trust and the nature of the equipment involved??rearms, motor vehicles, impact tools and chemicals. Unsafe behavior and unsafe use and handling of equipment signi?cantly increases the risk of injuries to citizens and personnel, plus it increases the risk of potential liability for this organization. Enforcement guidelines - termination if serious injury or extensive property damage occurs - progressive discipline up to and including termination for other conditions Examples of non-violations Life-threatening situations where the probable consequences or actual consequences (as judged by a reasonable and prudent member) of committing the unsafe act are less dangerous than the actual or probable consequences of failing to perform, given the nature of the emergency situation. Equipment malfunctions when such malfunction is beyond the control of the member. An act where risks occur because the member has not received n'aining comparable to that of others. Assigning a member to a task or duty for which he or she has received reasonable training or assigning equipment to use that is considered adequate under a reasonable standards rule is not a violation of this standard. copyn'ght protected 1990 by Van Mame Associates. Duplication of this manual orus contents in any formis strictly prohibited OC - 37 STANDARD OF VIOLATIONS All behaviors regulated or prohibited by speci?c guidelines, policies, procedures and practices. \t Failure to behave in ways in which any typical member could reasonably be I. expected to perform regardless of speci?c of?cial training orientation or employment status. Horseplayhusing equipment impr0perly or performing pranks that create the possibility of injury. Allowing untrained or inexperienced persons, members or civilians to use regulated equipment or weapons that injure or have the reasonable expecration of injuring another person. Handling, aiming, ?ring, unloading or loading a weapon contrary to esrablished policies or procedures. This includes accidental discharges of ?rearms. Leaving a weapon unsecured or improperly stored. Failing to drive defensively, resulting in a chargeable motor vehicle accident or nearly chargeable motor vehicle accident. The unauthorized and unnecessary divulging of information, communications or correspondence that identi?es or suggesrs the identi?cation of an informant, undercover member or any other investigative of?cial of this organization. Failing to report damaged or dysfunctional equipment that has the probability of endangering self or others. Unsafe andlor improper handling of equipment that carries a reasonable risk of endangerln persons or property. Being on patrol, dispatch or backup and failing to keep aware of events and circumstances ongoing during the shift that have a reasonable expectation of causing a safety concern for others or self. Being assigned to assist as a backup and habitually failing to be able to provide support or assistance is substantial evidence that the member is violating 01 AFFIRMATIVELY PROMOTING A POSITIVE PUBLIC IMAGE Members shall conduct themselves on duty and off duty in a way that does not damage or have the probable expectations (in the mind of a reasonable and prudent member) of damaging the organization?s public image, integrity or reputation or bringing it into discredit or disrepute. Business necessity for this standard Members shall accept full responsibility for their behaviors and the results of their behaviors on duty as well as off duty. Behavior that may not be considered wrong in private employment could be wrong in the public sector because of the nature of the public service mission?to create a feeling of safety and security. Historically, citizens are quick to criticize and require that public servants be right as well as look rinht in their conduct and behavior. Management recognizes its responsibility to balance rules designed to promote public trust while at the same time to avoid unnecessary infringements on the member?s rights to privacy. Likewise, members who wish to" hold the honor of public of?ce and enjoy the privileges of public trust share an af?rmative responsibility to conduct themselves (on duty as well as off duty) in a manner that does not bring public image or uust into question. The member?s right to privacy does not create an obligation on management to ?nance those rights at the expense of effective, ef?cient or safe operations of this public service organization. Enforcement guidelines?These and subsequent guidelines are for your information only and are not controlling. See complete policy in Chapter 5. - termination if public image is severely damaged - progressive discipline up to and including termination for other situations Examples of non-violations Non-criminal, off-duty conduCt or behavior that has no impact or probable impact on the effectiveness or ef?ciency of this organization. Conduct off duty outside the community and its adjacent borders when the member is not identi?ed with this organization may be an exception if the conduct is not discovered by the general public or does not become a matter of public record. On-duty conduct or work behavior that is questioned by a citizen and? through a formal adminisrrative reSponse?honestly explained and justi?ed by the business necessity of the situation existing at the time. copyright protected 1990 by Van Meter Associates. Duplication of this manual or its contents in any form is strictly prohibited VMA- 0C - :6 STANDARD OF VIOLATIONS Controversial conduct or behavior displayed on or off duty that brings about public criticism and causes administrative staff or supervisory personnel to spend an atypical amount of time and management cost to investigate or respond to the criticism. The failure to present preper grooming, uniform or dress appearance while on duty or representing this organization. Failing to speak courteously to members of the public or treat them courteously; for example, members failing to give badge numbers when requested to do so, not letting violators ask questions about points of law or about the nature of the offense they are charged with by cutting them off before they have demonstrated their intent to be uncooperative. Failing to keep equipment exposed to public view clean and in proper order. Loud and crude language in front of the public when such language has a direct and detrimental impact on public image. Consistent complaints from the member?s neighbors concerning the member?s behavior as it relates to violations of law. Failing to identify self, badge, and identi?cation card and number to any member of the public. (NOTE: This does not include failing to identify self if working undercover or when the member?s safety would be endangered.) Smoking or chewing while engaging with members of the general public, particularly while conducting interviews and inveStigations or when direcring traf?c. Failing to keep ?nancial debts and obligations from becoming a matter of management concern. Members who take criticisms to the general public?without using the organization?s internal grievance process and being unable to provide substantial evidence that such actions were in the public?s best interest?when such actions cause the organization to suffer the public?s loss of faith. Causing a scene in a restaurant when half off on meals is not given. (NOTE: This may also be a con?ict of interest, see STANDARD 07.) copyright protected 1990 by Van Menard: Associates. Duplication of this manual orits contents in any form is strictly prohibited VMA- 8 0C - 27 Failing or refusing to wear a seat belt properly. .r Failing to give the dispatcher a location, particularly on a traf?c stop or encounter with a suspicious person, when practicable and prudent to do so. Failing to provide lmown information or withholding information that results in another member?s being injured or subject to an unnecessary safety risk Leaving security doors open or ajar, defeating the locking mechanism. Purposefully making self unavailable for service or taking self out of service. This includes not answering a radio when called, unplugging the telephone to avoid taking a call, logging out of service when substantial evidence indicates that another member or person needs assistance. Continuing a chase for a minor violation once a license number and driver identi?cation is known and substantial evidence exists to indicate the person can be apprehended later on with less public endangerment. l990by VmMueratAssociams. Duplicarim ofthismmualorits VMA- SOC - 39 17 KNOWING, 0B SERVING AND OBEYIN ALL DIRECTIVES, RULES, POLICIES, PROCEDURES Members shall make an af?rmative, consistent effort to observe and comply with the directives, rules, policies, procedures, practices and traditions established for the effective, ef?cient and safe Operations of this organization. This standard applies to policies, procedures and practices that are written as well as those established by past patterns or practices. Af?rmative effort as the term is used here means to self-initiate acceptable ways to comply. In other words, look for ways to comply with the standard and do not look for the exceptions to the standard Business necessity for this standard Policies, procedures and practices are management?s tools to achieve overall of?cial ef?ciency and effectiveness in day-to-day operations and decision making. They are designed to communicate management?s intent and to help management focus its resources. Enforcement guidelines - termination if the results of such deviations cause injury to another or severe damage to property - progressive discipline up to and including termination for all other conditions Examples of non-violations Management allows for defensible deviations from policies, procedures and practices if the member writes jusd?able reasons for such deviations. This means that the member provides factual information and data that show such deviations were truly necessary and justi?ed by the uniqueness of the event and the necessity for increased effectiveness, ef?ciency or safe operating procedures. In all cases, it will be the member?s responsibility to provide management with written and satisfactory documentation to support justification for such deviations and to establish that the deviations made an overall greater contribution to the organization?s mission than did current policies, procedures, practices or direcdves. Members who by virtue of their inexperience could not reasonably be expected to know the directives associated with the performance. This includes probationary members or those in totally new job assignments. copyrigm protected 1990 by Van Meier?s: Associates. Duplication of this manual orits contents in any form is strictly prohibited VMA- 0C - 67 STANDARD OF VIOLATIONS NOTE: No attempt is made here to list all policies, procedures and practices with which a member is expected to comply. The member is directed to refer to appr0priate ?les for this information. Failing to care for or protect the rights of all prisoners, whether such prisoners are in the member?s custody or when it is known or should be lmown that such rights are not being observed by others. Establishing a pattern of deviation from directives that is signi?cantly different from the compliance rates of other members. Habitually challenging policies,'procedures or practices without providing objective and documented facts (in written form) to support justi?cation for such deviation. Failing to self-initiate knowledge and understanding of information in Operational manuals, ?les and agency directives. Being the member who consistently gives the excuse, did not know it or see it,? when no such problem exists for other members. 1990 by Van Mama; Associates. Duplication of lhismanual orits contentsinany formis strictly prohibited VMA- SOC - 68 The following is a time line and transcript of radio communications between Of?cer Dave Cimperman and the New Philadelphia Police Department and other officers involved in the pursuit ofJuhI12,l997. Time Unit 0326.49 13 327 13 913 0327 0328.47 13 11 0329 19 D30 13 0329.Radio Traf?c Units Seven Mile Drive, I think I?ve got a running from me. Call OSP, see if their going to be out there, 913 in pursuit of a Northbound on Seven Mile Drive. C0py Where are you at 1. Just about where you are at. OSP has no one available. Talk to us 13. Go ahead. Talk to us. He?s still going about a half a block in front. of me failing to stop, left of center, no traf?c so far, we?re still heading out Seven Mile Drive. Close enough for a registration? Not close enough for it. OK hang, hold on we?re going on another street, Reeds Run Road, Reeds Run Road, Reeds Run Road, we?re on Reeds Run Road. Left or right? Made a right, right on Reeds Run Road, right. I?m going to run out 39 east see if he comes across that way. Clear. He?s taking a right hand turn on ohnstown Road, right hand turn on Johnstown Road. Freeze the lights 913. You take it easy 13 he?ll lose it out that road. Yea I?m taking it easy, he?s gaining a little bit on me, I?m watching it. Get out there there?s one about forty ?ve degree turn, a, out there a ways. He?s making that hard right hand turn, looks like I?m coming up on it now. Keep the lights froze 913. I?m going out 39 in case of the cross over roads or something like that. 913 you can clear the lights. OK Best bet is he?ll go to 212. Probably. 913 to units OSP advised they have a unit in Somerdale if he heads that way. Advise them to start heading towards, a, ohnstown Road where it comes out on 212 there. Time Unit 913 13 05 ll 05 7979.5 13 13 05 13 79.5 11 79.5 11 Radio Traffic Clear. But I?ve still got him in sight, a, he?s not gaining on me I?m catching up a little bit here, I?ll give you a better 39 once I get it. Are you gonna head out 212, eleven? That would be too far for me to get out there in time to do anything. OK 79-5 to Phila units I?m on Barnhill Road headed that way, 79-30 is also working his way over from 52. Clear. Just passing Brown Hill, passing Brown Hill. Loses me. I know where he?s at. I?m glad you do, I should start dropping bread crumbs here. You do the best you can to get a registration and drop it. I?m trying. (unintelligible) Units, should be close when he comes out on 212. Passing Poland, passing Poland. Coming up on a stop somewhere, I don?t know the streets but we?re coming up on a intersection and he?s going right, taking a right hand turn I think your on 212 now. I?m on 212, east 212, east 212. 913- Contact Carroll Co. SO give them what we got maybe they can head that way. Clear. OK, keep talking to us Dave. I keep getting a little close, almost ready to get a 7 but he starts pulling away once we get on a straight line. 79-5 to Phila unit? I?m in radio contact with Carroll at this time, they are wanting to know a, violations. Left of center, left of center. Half a dozen stop signs and it looks like he?s running without lights right now. What kind of speed do you have too? Miller Hill Road, Miller Hill Road, we?re on a side street now, he?s slowing down considerably- but he?s still not stopping. Phila unit advise if he continues on 212 out of the county there if he turns le? on 542. He?s turning onto Miller Hill Road I think. OK. Talk to us 13. Unit 913 13 05 11 D30 79.5 Unit Radio Traf?c 13 We?re on Miller Hill Road, we?re getting ready to turn onto another street, I?m within 50 feet of him right now, I just can?t get the 7 he?s running a dirt road( Dana Rd.1, I can?t get you a direction right now, get a location as soon as I got it. 79.5 I think he?s getting close to where I am, I?m about a mile away. 11 Let us know what?s going 13, you got an SO unit getting close to you. 13 Roswell Road, Roswell Road, we took a left on Roswell Road. 11 Are you trying to follow him on the map 913? 913 I know where he?s at. 13 13 to 913. 913 Go ahead. 13 Code 2. 913 Are you injured? 13 I don?t think so. 913 Units are you close to him? 05 Right go ahead and call somebody out for day shift, I?m gonna head that way. 913 Clear. Name Department Bonnie Sprout New Philadelphia Dave Cimperman New Philadelphia Capt. Larry Kopp New Philadelphia Joseph Skinner New Philadelphia Capt. Jeff Kirkbride Dover Sgt. Doug Burrier Tuscarawas Co. Sheriff Approximately 15.8 miles. This report transcribed by Captain eff Urban. New Philadelphia Police Department On 7-10-97 I was Captain of the midnight shi?. At approximately 0325 hrs. Of?cer Dave Cimperman advised he was going to be in pursuit of a out Seven-Mile drive. O?icer Joe Skinner and myself were on the west end and proceeded towards Cimperman's location. Cimperman was giving directions as to the roads he was turnng onto during the pursuit. I went out SR. 39 towards Roswell as I thought they could end up out there. I met O?icer Skinner at Penn Station which is just past the Red Onion. We sat there and discussed the pursuit, listening to the road Cimperman was on, trying to determine where it was headed. Deputy Morrison (79-3 0) joined us. One of the last roads given by Cimperman was Roswell Rd. Deputy Morrison advised that was just outside of Roswell (not far from where we were). Thinking the was coming towards 39 I had dispatch contact Carroll County 80. top advise them of the pursuit in case they went towards their county. Sometime during the pursuit I asked Cimperman what the speeds were. I don't remember hearing a response. I then advised Cimperman to get a registration and terminate the pursuit. Cimperman then came over the radio advising he was involved in a code 2. I then had dispatch call an of?cer from the day shift out to work the road and I went out to the last location Cimperman gave. Deputy Morrison met me there and we both looked for a while but did not ?nd him. We tried several times to contact Cimperman but either got a scratchy response or no response. Sometime later, 911 dispatch called us and advised our unit was involved in a crash in Sherrodsville somewhere near the post of?ce. I then proceeded to that location and located Of?cer Cimperman who was with Deputy Morrison. Cimperman advised he was okay, just shook up a little bit. I asked him where the car was and he pointed towards the rear of the post of?ce. I looked back there and saw a vehicle down an enbankment. We went to the vehicle and I discovered the vehicle was on it's roof. I asked his what had happened and he advised he did not see the footbridge until he was right up on it and he could not brake in time. Of?cer Cimperman then went to one knee, holding his head. It was determined at this time to contact an Emergency Medical Squad. Of?cer Cimperman advised me at this time that he had shot out one of the windows because he was trapped in he car. He advised he ?red one round through the window. He then gave me his duty weapon. He then began being treated by the EM. S. workers. One of the EMS workers advised she head the siren and the coming towards town. Then she did not hear the siren anymore and the came down her alley and the engine shut off. She advised one person who has a in that area was a Louis Leatherman. A Carroll County Deputy went to that area and discovered a behind a garage. He came back and I followed him to that location. The bike was still warm and the license plate was about 1 foot under the back fender making it hard to see. The deputy knew Leatherman and went to his residence, eventually bringing him to the garage. He was asked if this was his bike. He advised it was. He was asked if he was running from the New Philadelphia Police Department this morning. He advised he did not, that he came back into town with a friend, Johnny Bagozzi. He advised Bagozzi left New Philadelphia ?rst with him following later. He advised he saw Bagozzi up ahead and knew it was his because of his taillights. After asking him a few other questions Leatherrnan was taken home. After taking care of some other details involving the cruiser, myself and the Carroll County Deputy went to Bagozzi's residence. I woke him up and asked him to come to the cruiser so I could question him. He came willingly. Bagozzi was advised of his Miranda Rights to which he signed and stated he understood. He was advised he was going to be asked questions about the pursuit. He was asked his activities of the early morning. He advised he was riding the Boulevard in Phila with some friends and stayed out till about 3 :00 am. He then was tired and decided to go home. He advised that later on one of his friends. Louis Leatherman came up behind him on S.R. 39 and eventually rode beside him. I told him that Leatherrnan gave pretty much the same story except he advised he stayed behind Bagozzi and never came up beside him. I asked him if Leatherman called him and told him to tell this story. After sitting and looking straight ahead Bagozzi said that it was a lie, he never did see Leathennan on S.R. 39 and only said that because Leatherman asked him to. When asked why his friend would ask him to lie if there was nothing wrong, he said he had no idea. It was determined to take Bagozzi to the New Philadelphia Police Department for further questioning in reference to this matter. Captain Jeff Urban then talked with Bagozzi and eventually he told the truth about everything. A statement was taken from Bagozzi and he was taken to his residence. I advised Captain Urban that a round had been ?red by O?icer Cimperrnan to extricate himself from his damaged cruiser. I also typed a memo to Chief Staggers in regards to the same matter. NEWS RELEASE After an investigation by New Philadelphia Police and the Carroll County Sheriffs office Louis E. Leatherman Jr. was arrested this morning near his home in Sherrodsville for the July 11, 1997 pursuit in which a New Philadelphia Police cruiser was seriously damaged. Mr. Leatherman was served with a grand jury indictment charging him with felony ?eeing and eluding, section 2921.331B of the Ohio Revised code. Chief Thomas Staggers, investigating of?cer Captain Jeff Urban and the pursuing officer David Cimperman along ith Deputy Graham of the Carroll County Sheriffs of?ce made the arrest without incident Sherrodsville as Mr. Leatherman was leaving for work this morning. He was the Tuscarawas County Jail and 1s currently awaiting his arraignment. fThomas Staggels gar?5W New Philadelphia Police Department Page 1 Kennedy Insurance Agency P.0. BOX 836 ACCOUNT NO. 01? DATE New Philadelphia, OH 44663 SE 07/15/97_ Phone 330-339-8834 Fax 330?339'8836 POLICY INFORMATION POLICY #5 BA9159665 TYPE EFFECTIVE EXPIRATION CAUT 04/01/97 04/01/98 City of New Philadelphia 166 East High Avenue New Philadelphia, OH 44663 CHIEF STAGGERS Re: 1997 FORD CROWN VIC Per your phone conversation with Valerie Marbais of this office this date, we are eliminating the 1997 Ford Crown Vic 2FALP71WXVX177948, which was damaged in last weeks accident, from coverage under the City's automobile insurance. If this vehicle is repaired and put back on the road, please be sure and notify this office, through Joanne, that it is back on the road as their is no coverage of any kind on this vehicle at this time. Thank you. SUSAN L. EDWARDS Phila officer hurt after Chase cruiser is totaled By JULIE CHARNOCK T-H SM Writer A New Philadelphia police oliicer was treated? in Union Hospital at Dover after the cruiser he was driving crashed dur? ing a chase and over- turned at Sherrodsville early Friday. Traffic Of?- cer David Cimperman, 32, was able to escape with few .A?injuries after the roof of his cruiser met the dash after it crashed into a footbridge at Sherrodsville Village Park off Rt. 39 about 3:45 am. Sherrodsville Fire Chief John Miley, who reported Cim? perman complained ofhead in? juries, said Cimperman was lucky. CIMPERMAN - ll'the cruiser, which was put . 3? into service just three weeks i I ago. had traveled about 10 feet farther. Cimperman would have l'ound hims?ell' in an over- The New Philadelphia police car, which crashed early Friday morning during a high speed chase, hasa col- turned cur in :1 item-deep lapsed root caused when the vehicle flipped over. The vehicle is stored at Hosenberry Towing?s garage at New creek- Phila. I See CRUISER A-5 MWCD court to hear amphitheater suit at, .n of Mae a re- Dril- he .3rior ee of iden? for law- ?sh- orite ents, are Ros- and wife, hell, 11, four of lash, Mrs. and Hall, by and Lock, huck also ouns Jdith hm kaer dang Cilil- dren cliil- be July rant Da; ices. IJni- ends tune tn 8 1ade oun- iwin the Re- iitor for died iitor 3 to nag- ?0 to ion?s un- un-yuu - - .. .4. Graveside services will be held Monday at 11 am. in For? est Hill Cemetery at Canton with Fr. William L. Arnold 0f- ficiating. Arrangements by Karlo Sons Funeral Home. Karlo Sons (330) 499-6207 Meuhlen services Memorial services for Dale ?Moose" Meuhlen will be held July 15 at 10 am. in Trinity Episcopal Church at 122 3rd St., New Philadelphia. Meuh- len, who was a New Philadel? phia resident, died July 5 and the body was cremated. Two face Phila charges Two women who left young children alone at New Phila- delphia's Tuscora Park Thurs- day have been charged with child endangering. Stevie J. McQueen, 23, of 728% E. High Ave., New Phila? delphia, was charged with two counts child endangering and Bernice R. Scott, 29, or 210 Coral Key SE, New Philadel- phia was charged with one count. Police said they got a call from a Tuscora Park of?cer about 4 p.m. explaining that a 10-year-old girl was left at the park all day unsuperivised. The of?cer said the girl was begging others for money so she could buy food, and anoth- er young girl was with her. I From A-?l New Philadelphia Police Chief Thomas Staggers said Cimperman began pursuing a for a traf?c viola- tion around 3 am. at N. Broad- way. Staggers said the led Cimperman over back- roads into Sherrodsville and the crash. He said an internal investi- gation is being conducted to determine if Cimperman fol? lowed department procedure. A second investigation is also being conduted to locate the driver. Carroll County Sheriff Ralph Lucas said his depart- guarded condition in the intensive care unit at Aultman Hospital in Canton after an accident on Rt. 258 Thursday. Troopers with the New Philadelphia Post of the Ohio State Highway Patrol said three passengers in her van, Maria E. Snyder, 7, Steven D. Snyder, 8, and Kris- tina N. Snyder, 14, all of Clinton, were treated in Union Hospital at Dover. Rt. 258 east of Newcomerstown when she swerved to miss a dog and drove off the right side ofthe road and struck a tree. The van struck a second tree and a mailbox. Angela England, 19, of 6962 Green Dog Ridge Rd., Dennison, was treated in Uni- on Hospital at Dover after another acci- dent Thursday. Coshocton Corporate Challenge COSHOCTON Winners have been announced for the 1997 YWCA of Coshoc- ton County Corporate Challenge held at Coshocton High last month. Winning ?rst place in the overall com- petition was the JII/Sales'Promotion As- sociates Inc. team comprised of captain John Campbell, Cindy Grotti, Johns Sha- rier, Mike Swope, Mike Maria, Mike Bates, Lori Richardson, Steve McClug- gage, Amy Thornsley, Darlene Wills, Rick King and Amanda Hagans. Second place went to the ARMCO- Coshocton Operations team made up of captain Brenda Filimon, Mike Holmes, himer, Maggie Stewart, Angie Kinder, Debbie 303] and Steven Guy. The General Electric Co. team cap- tain Roger Evans, Shoen Davis, Chuck Seipelh Denny Holt, Chris Chapman, Ty- son Stef?fens, Chad Wills, Todd Bnenting, Sherry Chen, Denise Guthrie, Kim Birk- himer and Dave Clendenen took third place. Individual event winners were as fol- lows: American Red Cross blood drive JII, ARMCO, Pretty Products Inc. and Gener- al Electric. Volleyball ARMCO, Clow Water Sys- in a car drive the same ad Philadelphia crashed into Michael T. I View Dr. NE, Watson Wa assured clear winm One, Ohio Fa 5K predict ricators, Cost One mile II. Three on GE, JII. Water ball: ARMCO, JII. Putt putt - Products. Basketball Clow, II. Target tosg GE. Chris Knoff?, Craig Shriver, Jim Sampsel, Rodney Jones, Tim Adams, Brad Birk- tems Co., GE. Contribution challenge Tug-o-war JII, Bank Pretty Produ Pickup truck crashes after being pursued - By CAROL MYERS T-R Corrospondenl CARROLLTON - Two men believed to be ?eeing from an Andora Rd., resident who sur- prised them while they were searching his vehicle were in? jured when they crashed their pickup early Wednesday. Jamie L. G'rogg, 1'7, of 2094 Alliance Rd., Malvern, was cit- ed for failure to control. The pickup, after the driver failed to negotiate a downhill curve, struck an embankment and rolled over twice before landing on its side. Grogg; as well as his passen- ger, Jeremy Marsh, 19, of 419 East St., Minerva, were in~ jured and were taken to Ault- man Hospital. Grogg was treated Wednesday, while Marsh was discharged Thurs- day. A dispatcher with the Car- roll County Sheriff Depart- ment said he did not know whether additional charges Cruiser ment is investigating the Sher- rodsville crash. According to police radio traf?c, Cimperman was chas- ing the east on Rt ?212 about 3:34 am. heading east toward Carroll County for violations of driving left of cen- ter, stop sign violations and ?eeing and eluding. At about 3:40, the motor- cycle had turned and appeared to be heading back to 'I?uscara- was County, but about four minutes later Cimperman had crashed against the wood walking bridge that is built over Conotton Creek. Police said the chase ran over Johnstown Rd., Brown Rd., Miller Rd. and Roswell Rd. The got away, and Cimperman wasn?t able to read his license plate number. New Philadelphia Mayor Greg Erb said the cruiser tained extreme damage and in.- vestigation is continuing. Erb, who said he talked with Sherrodsville Mayor Raymond Smalley Friday, said the bridge was damaged but not structurally. New Philadelphia Safety Di- rector Gerry Mroczkowski re- ferred questions on depart- mental policy regarding pur? suits to Staggers, who had de- would be ?led against the pair. The Andora Rd. resident said he went outside and gave chase about 4 am. after the person he saw searching his vehicle jumped into a waiting vehicle and ?ed. The man followed the vehi- cle northbound on Andora Rd., and then came upon the crashed pickup. Deputies said they believe a ballcap found in the Andora Rd. resident's yard belongs to Grogg or Marsh. clined to discuss the matter further. Cimperman has been with the police force since 1994. Be- fore that he worked with Cuya? hoga . Metropolitan Housing Authority one year as a nar- cotic detective and more than two years as a patrolman in areas such as Cleveland Heights, East Cleveland and Bertaa. . He also worked 2% years as a dispatcher and auxiliary po- lice officer with Shef?eld Vil? lage in Lorain County and an Emergency Medical Techni- cian in the Cleveland area for three years. He also was a mili- tary police of?cer with the US. ArmySh! fat Wan PM ?ew/awe: ax Transmission No. of pages inci. this one: . To: Jnug/ ?3 Fax number: 75 7f Voice: cc: From: 667:?? Wif?? Date: fr 7*?7 if you do not receive all pages, please contact: New Phiiao?eip'nie Police Dezenment :22 2ndQ treet S. E. New/Phiiedlepnie Ohio. 4-1555 (215) 5 45-4-15? Cygz?ml? mE/nep/ ?ay/f Specie Instructions: RECOMMENDATION TO THE SAFETY DIRECTOR OF NEW PHILADELPHIA Officer Cimperman should be dismissed from the New Philadelphia police force, as a result of his reckless and unwarranted high-speed chase--initiated by a minor, left-of-center traffic violation at 3:00 to official department policy, resulting in a loss of $28,000 to the citizens of New Philadelphia. If this is deemed an inappropriate punishment, the minimum should be a suspension sufficiently long so that salary recovery is equal to (one-half) of the 528,000 loss suffered by the citizens of New Philadelphia. Upon returning to the force, if he is not dismissed, he must be severely reprimanded for his reckless action and poor judgment in violation of the New Philadelphia Police Department policy concerning pursuit; and that he be closely monitored by the Chief of Police, so his future actions conform to the policy as well as his use of reasonable judgment and action. Clem Krieqer, Charter ?Ember of the New Philadelphia commission Copy to mayor Greg Erb am Wm; re gala 771a?. ?ay/W a?gampa?m 75:1?. 57 6% 4&2, NEW PHILADELPHIA POLICE DEPT INVESTIGATION INITIAL INVOLVEMENT On May 7, 2000 Capt. Sheldon DeMattio forwarded a complaint from Of?cer David Cimperman. The ?rst part of the complaint alleged there was a photo of a black male, lying on a couch, without clothes and with an erection. The complaint stated Of?cer Cimperman?s face was superimposed over the black male?s face. The complaint continues stating the picture was passed around the police dept and outside the dept. with most every police employee seeing the photo. The list of names also included Fire Chief Caton. Of?cer Cimperman stated it had come to his attention the photo was generated by Of?cer Mike Henry, e-mailed to Of?cer Larry Hootman and brought to the police dept. by Of?cer Hootman for dissemination. The complaint continues as to the seriousness of this matter and insists this never happen again. The second part of the complaint states that violations by some of?cers had been overlooked or minimal discipline had been imposed. Of?cer Cimperman states he has disciplined for things that other of?cers have not, claiming supervisors and look the other way. Of?cer Cimperman activity cease. The third part of the complaint states Of?cer Hootman treats Of?cer Cimperman poorly and makes disparaging remarks about Of?cer Cimperman including that Of?cer Hootman said he would like to gut shoot Of?cer Cimperman. Of?cer Hootman?s mental ?tness to serve as a police of?cer is then questioned in the complaint along with a claim Of?cer Hootman considers Of?cer Rocky Dusenberry as dead. The complaints end with a request for an investigation, in writing. The complaint has a header to Capt. Sheldon DeMattio and is cc?d to the chief, safety director and mayor. INVESTIGATION Capt. Rich Calderon sees this as three separate complaints and will address each as such. It should also be noted Of?cer Cimperman ?led a complaint against Capt. Calderon stating Capt. Calderon was bias and should not investigate this matter. Chief Staggers overruled this complaint and instructed Capt. Calderon to continue. In the ?rst complaint Capt. Calderon started by speaking to the persons listed as seeing the photo. All but a few were done by phone calls. The list had 20 names on it and 11 advised they had not seen the picture. They were: Kopp, Popham, Vitt, Menapace, Goodwin, Skinner, Stewart, T. Polka, Everett, Sprout and Redman. The remainder of the list will go by name. 1. Calderon - Disp. Horner showed photo to him. This will be addressed later in report. 2. McCoy - said he saw photo at dept. No one showed photo to him. 3. C. Polka - Of?cer Dusenberry showed her the photo. 4. Risinger - Dusenberry showed photo to him. 5. Nelson - Dusenberry showed photo to him. 6. Dusenberry - found photo in his slot. 7. Alesiano - Dusenberry showed her the photo. 8. Horner - Dusenberry showed her the photo. 9. Chief Caton - Dusenberry showed photo to him. Statement attached. Calderon then spoke to Of?cers Mike Henry, Larry Hootman and Rocky Dusenberry. All of?cers admitted to their part or parts. The story unfolds like this. Of?cer Dusenberry, working on the police dept. computer, found personal pictures of Of?cer Cimperman in a ?le. The pictures showed Of?cer Cimperman with females, standing on a dock etc. Of?cer Dusenberry attempted to down load the pictures onto a disk but was not able to do so. Of?cer Mike Goodwin downloaded the pictures and gave the disk to Of?cer Dusenberry. Of?cer Dusenberry then gave the disk to Of?cer Mike Henry. Of?cer Henry took the disk home and at some point received an e-mail from Of?cer Hootman. The e-mail was of a black male with an erection. Of?cer Henry then placed Of?cer Cimperman?s face over the male?s face and c-mailed it back to Of?cer Hootman. Of?cer Hootman then brought the photo to the police dept. and put it in Of?cer Dusenberry?s slot. Of?cer Dusenberry then showed the photo to several people listed above. Of?cer Henry states he made the photo at home and had no idea the photo would be shown around. Of?cer Hootman admits to bringing the photo into the dept. but he also had no intention of the photo being circulated. Of?cer Dusenberry admits to showing the photo as it was meant to be funny and did not realize Of?cer Cimperman would take offense to it. Of?cer Dusenberry showed the picture to Of?cer Cimperman thinking he would ?nd it funny. Of?cer Dusenberry states Of?cer Cimperman laughed and joked about the photo when he showed it to Of?cer Cimperman. Of?cer Cimperman then took possession of the photo. Capt. Rich Calderon attempted two times to obtain some information from Of?cer Cimperman in regards to this complaint. Once over the phone and once in the Capt?s of?ce with Of?cer Joe Skinner as a witness. Both times Of?cer Cimperman?s cooperation was at best - poor. His answers were evasive and vague. It should also be noted Of?cer Cimperman was ordered to bring in the photo and turned a copy over to Capt. Calderon. Of?cer Cimperman still has the original. SUMMARY - COMPLAINT #1 This investigation resulted in Notice of Inquiry for Violation of Standard of Conduct Sexual Harassment, being given to Of?cers Henry, Hootman and Dusenberry. Of?cer Cimperman was given a Notice of Inquiry for Violation of Standards of Conduct #198; 21. These are for Use and Care of Property and Equipment and Violation of Chain of Command. A copy of this report will be forwarded to the Chief of Police for further action. I am requesting the copy of the photo be destroyed and not become a part of this report and the original be obtained from Of?cer Cimperman be destroyed also. SUPPLEMENTAL REPORT On or about April 27, 2000, Disp. Jennifer Horner showed me a picture of a nude male with an erection. Of?cer Cimperman?s face was placed on the picture. Disp. Horner showed concern over the picture and advised me this was a picture found on the internet. I told Disp. Homer to put the picture away. At no time did Disp. Homer or myself know where this picture had come from. I was told this picture belonged to Of?cer Cimperman. I do not approve of or condone this type of activity. Capt. Rich Calderon INITSTIGATION COMPLAINT TWO In this complaint Of?cer Cimperman states he has been treated unfairly by supervisors. Of?cer Cimperman fails to state any proof or examples of this. SUMMARY No action necessary. - THIRD COMPLAINT Of?cer Larry Hootman admits there is a personality con?ict between himself and Of?cer Cimperman. Neither of?cer likes the other. Of?cer Hootman denies ever saying anything about gut shooting anybody including Of?cer Cimperman. Of?cer Cimperman fails to supply the source of this complaint. In regards to the remark about Of?cer Dusenberry being dead, this complaint needs to come from Of?cer Dusenberry. MMARY There is no way to make everyone get along with each other. I have no solution to this problem. In accordance with Hf?cle 17 of the current labor contract this notice of inquiry is being issued. Data- o??a From g?-?gm Clnif??e or Speci?cation: 0 -F Eyldno?r'cy d; ?Md?4l7L a f? (I m? 5W ?eas/yam? /?7r//Zj arid a?/c /4Pnd? Z7 g/y?nm Erry Hootng? From: Mike Henry To: Larry Hootman Sent: Wednesday. Apr? 26. 32000 12:33 AM Attach: iammin [2.gif To: Capt. DeMattio 5/19/2000 From: Officer Cimperman Subject: Complaint Attached, per your order is a copy of the photograph passed around relating to my Sexual Harassment complaint. As you can understand, I do not want this photo disseminated further. Additionally, there is at least one additional photo that I want accounted for. Capt. Calderon stated that he had seen a copy of this photo as much as one week prior to my becoming aware of its existence. He stated that it was shown to him by a dispatcher. He also stated that when he had seen it, there was nothing on it to indicate who had created it. I understand that just prior to my getting it, it had the attached header onit from O??icer Hootman. Ifthis is in fact correct, then I need to know what happened to the one the dispatcher had shown Capt. Calderon. I want all copies of this picture in existence, so I can insure that they are destroyed. Thank you in advance. Respect?illy. uv??Q David F. Cirnpe?nan, r. Traffic Of?cer New Philadelphia Police Cc: Mayor Safety Director Chief CAPTAIN RICH CALDERON FROM: OFFICER W.K. STEWART SUBJ: PICTURE OF OFC. CIMPERMAN DATE: MAY 11, 2000 Rich, Of?cer Skinner advised me that you wanted me to inform you as to whether or not I actually saw the picture of Of?cer Cirnperman that is the subject of your investigation. I did NOT see the picture! Several individuals have described to me what the picture looked like, but I have yet to actually see it with my own eyes. I hope this assists you with your investigation. Let me know if you 11/ I OFFICER WILLIAM K. STEWART Q/l?w 6%46 @g 2/5 1ch Second 66 ?jA?m?up?m, (Mia 44663 {330/ 343?4432 (330/ 343 ?4993 May 12, 2000 TO: Capt Calderon, NPPD From: Chief Caton RE: Statement concerning ?picture? seen at Police Station. On April 2000, myself and Capt. Borga came to the Police Station for the party in honor of Sam?s last day on the department. He was not at the station at the time and I went into the desk area to say ?hi? to the men there. Rocky Deusenberry asked me if I had seen the picture someone sent him, that he found in his mailbox. I said no, and he showed me copy of a picture of a nude male with another of?cers picture superimposed on it. Nothing else transpired. @4760 CE. Caton, Chief New Philadelphia Fire Department To: Capt. Calderon Fr: Capt. DeMattio Re: Complaint by Of?cer Cimperman On 5/6/00 Of?cer Cimperman gave me a written complaint pertaining to a picture of him passed around the department. Of?cer Cimperman states that Of?cer Henry and Of?cer Hootman are responsible. Chief Staggers advised me that he wants this investigated Of?cer Cimperman has a copy of the photo with Of?cer Henry?s e-mail address and it is sent to Officer Hootman I advised him that we would need a copy of this photo. Since both of these of?cers are on your shift I?m forwarded this complaint to you. I?apt. Sheldon DeMattio N.P.P.D To: Capt. DeMattio 4/28/2000 From: Officer Cimperman Captain DeMattio, I wish to bring to your attention a matter of grave concern. Today Officer Dusenberry gave me a photograph that he found in his mail slot at the station. To say the least I am shocked and appalled This Photograph shows a Black male, lying on a couch, without clothes, with an erection. My face is superimposed over the face of the black male. This picture was passed around the station, and outside the station. It is my understanding that most every Police employee has seen the picture, including, Captain Kopp and Calderon, Safety Director Popham, Officers Vitt, McCoy, Menapace, Williamson, C. Polka, Goodwin, Risinger, Nelson, Dusenberry, Skinner, Stewart, T. Polka, Dispatchers Alesiano, Everett, Sprout, as well as the Clerk, and finally the Fire Chief And of even more concern, this picture was passed around at a time when Capt. Hitchcock was having a retirement party at the station and a number of people from outside our department were present, and thereby possibly having an opportunity to view this picture. It has come to my attention that this picture was generated by Of?cer Mike Henry, and Mailed to Of?cer Hootman, who in turn brought this picture into the department for dissemination. I am sure that I need not tell you how serious this matter is. I must insist that this never happen again. I have seen all to often how violations of some officers have been overlooked, or minimal discipline has been imposed. I must tell you that I cannot allow this to continue. Not only is this a violation of our standards of conduct, this is a violation of our contract. All of?cers are to be treated fairly and equal. Things I have been disciplined for have been overlooked when other of?cers are guilty of the same violation and Supervisors and have intentionally looked the other way. This is never more evident in the treatment I am receiving from Officer Hootman. He is consistently making disparaging remarks about me, up to and including making the statement at one time that he would like to ?Gut Shoot? me. Not only is this totally out of line, but also brings into question his mental ?tness to serve as a police Officer. I am not the only victim of this kind of treatment. It would seem that officer Hootman has stated to any number of other officers that he considers o?icer Dusenberry ?Dead?. This type of conduct is not acceptable from someone in our profession. I submit this to you for investigation, and expect to hear from you relating to this matter shortly. I would request that you respond to my concerns in writing so I may preserve it for my records. Thank you for your time. Respect?illy, . .3 .v - r/ David F. Cinipei?man, Jr. Traffic O?icer New Philadelphia Police Cc: Chief Staggers Safety Director Mayor To Chief Staggers, 5/10/2000 From: Officer Cimperman Subject: Investigation relating to my Sexual Harassment complaint Dear Chief, Today I was contacted by Captain (?alderon relating to my complaint. He stated that he is investigating this complaint. I the! that this is inappropriate as he is involved in this incident. and I feel he will show preferential treatment towards one or more persons involved in this incident. or possibly downplay his involvement in this case Captain Calderon stated to me that he seen this picture in question approximately one week prior to my becoming aware ofil. At that time it would seem that he did not take action. I feel that the members involved in this incident including. but not limited to Captain Calderon, Officer Henry, and Officer Hootman have violated not only my rights, but have violated the Standards of Conduct as outlined below. It is for this reason, I must insist that this matter be investigated by someone with NO involvement in this incident. 01. Af?rmatively Promoting a Positive Public Image. Members shall conduct themselves in a way that does not damage or have probable expectations (in the mind of a reasonable and prudent member) of damaging the organization?s public image, integrity or reputation or bring it into discredit or dispute. Ifthis incident were to become known to the general public, this will certainly result in a negative image for this department 05. Committing or Condoning Sexual, Racial, Religious, National Origin or Ethnic Harassment Members shall not use sex, race, religion, national origin, or ethnic background in their words, actions, gestures, conduct or behavior that could reasonably be construed or perceived by another member or potential member as hostile, offensive or intimidating. Posting derogatory graf?ti, cartoons or scripts on bulletin boards, chalk boards, walls, locker room or vehicles, of failing to remove such items. Although mailboxes are not speci?cally listed, it still falls into this category in the mind of a reasonable and prudent person. Listed as an example of a violation states: A member observing or condoning, through actions or inaction?s, prohibited harassment by failing to properly report it to a designated management authorities. This is particularly serious if a supervisor if found in violation. 12. Displaying Competent Performance and Achieving Competent Performance Results. As stated in examples of violations: A Supervisor violates this standard when he or she fails to correct a subordinate?s infraction when it is ?rst made known to the supervisor. As Stated above, I feel that this Sexual Harassment towards me it intolerable. The fact that at least some supervisors had become aware of this, and did not take immediate action to stop this, and report it to you brings another serious problem to the forefront. I do have faith in you, that you will insure that a proper, impartial, and complete investigation is completed relating to this complaint. Thank you for your consideration. Respect?illy, . i Ll David F. Cliniperman. Jr. Traf?c Of?cer New Philadelphia Police Cc: Safety Director Mayor 6-8-00 To: Of?cer Larry Hootman Fr: Chief Staggers Ref: Disciplinary Action of Record On 6-8-00 a disciplinary conference was held concerning the reported violation of the Standards of Conduct. At this hearing, you were allowed to speak in mitigation. Based upon the investigation and your statement it is clear that the graf?ti did violate standard 05. I am suspending you for a period of 1 (one) day to be served Tuesday June 13, 2000. I am advising you that ?iture conduct will not be condoned and could result in additional suspension Including possible termination. Cgiomas EL Staggers gi CC: Mayor Safety Director Personnel ?le 6-26-2000 To: David Cimperman Fr: Chief Staggers Ref: Notice of inquiry given by Capt Calderon on 5-18-00 I have reviewed this notice of inquiry given for violation of standard 21: Use and care of Property Equipment. This was given to you because of placing personal photos on the departmental computers hard drive. This is a violation of the standard because no outside material is to be placed on the computer. This will serve notice of a verbal warning and will be reduced to written form and put in your personnel ?le. (gamma R. Staggers i I June 13, 2000 To: Of?cer Mike Henry Fr: Chief Staggers Ref: Disciplinary Conference On Tuesday June 13, a disciplinary conference was held concerning the violation of Standard 05 of the Standards of Conduct. Present were Mike Henry, Atty. Ken Welch and Chief Staggers. O?icer Henry and Atty. Welch were allowed to speak in mitigation. Based upon the report submitted by Capt. Calderon and statements of Henry and Welch, I do not ?nd a violation of Standard 05. However, I do ?nd that of?cer Henry improperly took home information from a departmental computer and then subsequently altered such information (a picture of O?icer Cimperman). It is of no consequence whether this was sensitive or insensitive material. Therefore Of?cer Henry is being suspended for one day. Said suspension shall be served on Tuesday June 13, 2000. Chief Th mas R. Sluggers Si Cc: Mayor Safety Director Atty. Welch Personnel ?le 6?13-00 To: Of?cer David Cimperman Fr: Chief Staggers Ref: Disciplinary Conference held 6-12-00 On 6-12-00 a disciplinary conference was held 1n concerning the notice of' mquiry given by Capt. Calderon for violation of Standard 19 of the Standards of conduct. Based upon my ?ndings you are to receive a verbal reprimand, which 18 being reduced to writing and placed In your personnel ?le The notice of inquiry for violation of standard 21 is being held until such time as I can talk with Capt. Calderon to determine the exact nature of the supposed violation. Chief hontasR Stagg {as 6-1 3 -00 To: O?icer David Cimperman Fr: Chief Staggers Ref: Disciplinary Conference held 6-12-00 On 6-12-00 a disciplinary conference was held in concerning the notice of inquiry given by Capt. Calderon for violation of Standard 19 of the Standards of conduct. Based upon my ?ndings you are to receive a verbal reprimand, which is being reduced to writing and placed in your personnel ?le. The notice of inquiry for violation of standard 21 is being held until such time as I can talk with Capt. Calderon to determine the exact nature of the supposed violation. Chief?73mg; R. 6-8-00 To: Of?cer Rocky Dusenberry Fr: Chief Staggers Ref: Disciplinary Action of Record On 6-8-00 a disciplinary conference was held concerning the reported violation of the Standards of Conduct. At this hearing, you were allowed to speak in mitigation. Based upon the investigation and your statement it is clear that the graf?ti did violate standard 05. I am suspending you for a period of 1 (one) day to be served Monday, June 12, 2000 I am advising you that conduct will not be condoned and could result in additional suspension Including possible termination. Chi Thomas R. CC: Mayor Safety Director Personnel ?le David F. Cimperman, Jr 124-12th St NE New Philadelphia, Ohio. 44663 330-343-1370 May 18, 2000 City of New Philadelphia Police Department Capt. R. Calderon 122-2nd St SE New Philadelphia, Ohio. 44663 FOIA REQUEST Dear FOI Of?cer Pursuant to the federal Freedom of Information Act, 5 U.S.C. s. 552, I request access to and copies of any and all notes, reports, audio and or video recordings, phone logs, including recordings of phone conversations, and any memo's or other documentation relating to the sexual harassment complaint ?led by David Cimperman with the City of New Philadelphia Police Department. I agree to pay reasonable duplication fees for the processing of this request in an amount not to exceed $20.00. However, please noti? me prior to your incurring any expenses in excess of that amount. Ifmy request is denied in whole or part, I ask that you justify all deletions by reference to speci?c exemptions of the act. I will also expect you to release all segregable portions of otherwise exempt material. I, of course, reserve the right to appeal your decision to withhold any information or to deny a waiver of fees. Please provide expedited review because delay in disclosure could cause a loss of substantial due process rights. I certify that my statements concerning the need for expedited review are true and correct to the best of my knowledge and belief. I look forward to your reply within 20 business days, as the statute requires. Thank you for your assistance. Very truly yours, I I . If [Jaxud F. Cimperman; Jr. Cc: Safety Director Mayor Chief Staggers May 23, 2000 To: David F. Cimperman, Tra?ic Of?cer r: Chief Staggers Ref: FOI request dated 5/18/00 Your request for information is being denied at this time. You have made an allegation against other in this department and the complaint has been assigned for investigation. No work product will be released until the investigation and resultant possible disciplinary action is completed. I am well aware of the F01 act but it does not apply to an ongoing investigation. Once, everything is completed then you will be entitled to access such information. Chief Thomas R. Staggers To: Capt. DeMattio 4/28/2000 From: Officer Cimperman Captain DeMattio, I wish to bring to your attention a matter of grave concern. Today O?icer Dusenberry gave me a photograph that he found in his mail slot at the station. To say the least I am shocked and appalled. This Photograph shows a Black male, lying on a couch, without clothes, with an erection. My face is superimposed over the face of the black male. This picture was passed around the station, and outside the station, It is my understanding that most every Police employee has seen the picture, including, Captain Kopp and Calderon, Safety Director Popham, Officers Vitt, McCoy, Menapace, Williamson, C. Polka, Goodwin, Risinger, Nelson, Du3enberty, Skinner, Stewart, T. Polka, Dispatchers Alesiano, Everett, Sprout, as well as the Clerk, and ?nally the Fire Chief. And of even more concern, this picture was passed around at a time when Capt. Hitchcock was having a retirement party at the station and a number of people from outside our department were present, and thereby possibly having an opportunity to view this picture. It has come to my attention that this picture was generated by Officer Mike Henry, and Mailed to O?icer Hootman, who in turn brought this picture into the department for dissemination. I am sure that I need not tell you how serious this matter is. I must insist that this never happen again. I have seen all to often how violations of some of?cers have been overlooked, or minimal discipline has been imposed. I must tell you that I cannot allow this to continue. Not only is this a violation of our standards of conduct, this is a violation of our contract. All of?cers are to be treated fairly and equal. Things I have been disciplined for have been overtooked when other of?cers are guilty of the same violation and Supervisors and have intentionally looked the other way. This is never more evident in the treatment I am receiving from Of?cer Hootman. He is consistently making disparaging remarks about me, up to and including making the statement at one time that he would like to ?Gut Shoot" me. Not only is this totally out of line, but also brings into question his mental ?tness to serve as a police Of?cer. Iam not the only victim of this kind of treatment. It would seem that officer Hootman has stated to any number of other of?cers that he considers of?cer Dusenberry "Dead?. This type of conduct is not acceptable from someone in our profession. I submit this to you for investigation, and expect to hear ?om you relating to this matter shortly. I would request that you respond to my concerns in writing so I may preserve it for my records. Thank you for your time. Respect?tlly, David F. Cimperman, .l r. 3 ~44? tea Traf?c Officer New Philadelphia Police Cc: Chief Staggers Safety Director Mayor Notice of Ingu'u-v In accordance with ?ff?cle 17 of the current labor contract this notice of inquiry is being issued. Data no; @774 Ag? Chdf?e or Speci?ca?on: /7 ?sm?m 44/ Jew/yr my? gym? gym??/ ?5 . 4 J: .fa/Z/?/gf ??zg We g/ gm mum In accordance with Mi??cle 17 of the curreni labor contract this notice of inquiry is being issued. Date 574%? Tel From 01mg, orsl?ed?ca?m- Vd?f??m mt ,4 02 5/55 $44 fie/M3474 . 1 @453 it fd/ Mk %m4j? 26%? a: Notice of In ui In accordance with ?fx?cle 17 of the current labor contract this notice of inquiry is being issued. Date Elg?? Fm ?y/M /??2??xmfg Chdf?eorSpeci?cation: Mg:- a? fW/A?rasxym 5: 55/ 4,44- ?4774? j; Notice of In uirv In accordance with Article 17 of the current labor contract this notice of inquiry is being issued. Date 6-8-00 To O?icer David Cimperman From Chief Staggers Charge or Speci?cation: Reference to notice of inquiry issued by Capt. Calderon on 5/ 18/00. This investigation ordered by me has been completed and I am scheduling a conference concerning this matter on Monday June 12, at 2pm in my of?ce. ?Tkgmas R. Notice of Inguigy In accordance with Article 17 of the current labor contract this notice of inquiry is being issued. Date 6-5-00 To: Of?cer Mike Henry From: Chief Staggers Charge or Speci?cation: Reference to notice of inquiry issued by Capt. Calderon on 5/18/00. This investigation ordered by me has been completed and I an scheduling a conference on Thursday, June 8,2000 at 2:00p this will be held in the of?ce of the Chief. Chief Thomas R. Staggers Dear Chief, 5/10/2000 Today while in the department checking my mail, I observed an item posted on the bulletin board indicating a number of items for reference on the captain?s test. What I did not see was an of?cial posting for the Captains test. If it was inadvertently taken down, I request a copy of this posting. Without this, I have no way of knowing important information relating to the test such as how many questions, attire (Uniform or Business), where the test will be given, seniority points to be granted, prerequisites for taking the test (years with the department, education etc.). Additionally, I have heard many talk of a Review board as part of the promotion process. Will this be a blind board the reviewers not knowing the persons involved to remove any possible bias), or will this be made up from personnel inside the department? Thank you in advance for your assistance, and I look forward to hearing from you soon to a?'ord me an opportunity to prepare for this testing myself. Respectfully To David F. Cimpgn?r, Traf?c Of?cer New Philadelphia Police Cc: Safety Director Mayor