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Local News

April 25, 2006

Former police officer to pay New Sharon what is owed

NEW SHARON — At the regular council meeting on Wednesday, April 19, the New Sharon City Council approved an agreement to settle the situation between the city and a former police officer who owed the city over $2,000.

The council approved a proposal for the former officer (the city wishes not to release the name) to pay $1,000 in seven days after the New Sharon City Attorney Hugh Faulkner lets the defense attorney know of the council’s approval. Then, the officer is to pay $50 a month for the duration of what is owed.

Faulkner is currently on vacation, so the exact dates of payment are not known.

The City Council, at their April 3 meeting, shot down a proposal from the former officer to pay a flat $1,100 after which the matter would be settled.

The former officer was hired in mid-September of 2000, according to information provided by City Hall, and was to graduate from the Iowa Law Enforcement Academy within a year.

Information provided by City Hall indicates that the former officer went to the police academy from April 9, 2001, to June 29, 2001.

After he completed his studies, he signed a contract with the city of New Sharon that stated that he would stay at least three years and, if he did so, the city of New Sharon would take on the entire debt of his studies at the police academy, along with wages incurred as the city was paying him a normal city wage as the officer was studying at the academy.

Said the contract, “At the end of three years of service as a certified police officer, the amount owed for training expenses by Employee shall be zero dollars.”

All together, it was told at the City Council meeting that New Sharon put forth $6,293.18 in expenses for the officer’s education, including wages.

Information provided by City Hall indicates that the former officer stayed in New Sharon until Dec. 22, 2002, after which he took a job with the Wapello County Sheriff’s Department, as a deputy.

The officer quit early, after more than a year (but not over two) of service, which means he owes a majority of the money back from wages, and all the expenses incurred to the city, according to the contract he signed.

The contract states, “If a law enforcement officer resigns one year or more but less than two years after completion of approved training, (the officer owes) sixty-six and two-thirds percent (of the money the city paid for the officer’s education).”

The contract also states that in paying the amount back, it was required that he pay $100 a month plus an annual interest rate of 6 percent.

If the officer would have chosen not to pay, then there would have been the possibility of quite a stiff penalty. According to the contract: “If reimbursement is not made in accordance with this agreement, the Employee understands that the City at its option may seek Employee’s decertification as an Iowa law enforcement officer.”

With that in mind, the former officer started to pay as soon as January of 2003 with his first payment of $100, city records show. He followed that up with a payment of $300 the next month. In March of that same year he paid $200. The following month he paid $500 and, in May, he paid $200.

He didn’t make another payment until September of 2003, and that was $400. A year went by until he made another payment of $200 in November of 2004 with January of 2005 seeing a payment of $500, which was the last he paid on the bill he owed the city.

That total comes to $2,400, which is an estimated (by New Sharon City Attorney Hugh Faulkner) $2,185.87 (plus interest) short of what he owes.

In an interview on Monday, New Sharon Mayor Ed Davis said that not long after an article appeared in The Herald (“New Sharon may seek legal action against former police officer,” April 5) describing the situation, the city received this proposal that they approved.

He said that he was indeed happy with the agreement.

Said Davis, “All we wanted him to do is pay us.”

It was also learned at the meeting that New Sharon’s East Market Grocery and the worker involved (a minor) were levied a fine, in a county tobacco sting. Tobacco was sold to a minor resulting in the fines.

According to Davis, the city chose not to take further action with the fines being considered the proper penalty.

In situations like this, Davis said that the council just typically goes with the fines being assessed to the person and the store.

However, he did also say that if the problem were to escalate, then the council may indeed take further action, but at this time the council didn’t feel it was needed.

In other news, New Sharon is gearing up to have their new playground equipment delivered today with setup to follow on May 5 and 6.

According to New Sharon City Clerk Diane Brand, volunteers are still needed all three days to work and to serve food.

Herald Assistant Editor Jared McNeill can be reached through e-mail at jmcneill@oskyherald.com

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