Thursday, October 28, 2004

uncle keith: stripped of badge and gun!!

Police chief resigns

Police Chief Keith retired Friday immediately after he was served a city police commission decision to suspend him for 90 days without pay.

The commission ruled to suspend Uncle Keith for alleged inappropriate conduct in his investigation of former Alderman Rappe.

Uncle Keith said he was relieved to rid himself of the town's persistent political controversy. "I'm tired," the 33-year department veteran said.

"The political B.S. has just gotten to the point where it's non-stop."

"I've been an outsider for 33 years," said Uncle Keith, "I've never been accepted, so fine."

The commission planned to suspend the 53-year-old chief starting Monday.

"Chief Keith failed to follow the principles of integrity, fairness and impartiality in connection with his duties," the eight-page report said.

Uncle Keith maintained that he did not act inappropriately or unethically.

"There was not sufficient evidence to support those charges," he said
.

The report sprung from an October 15 hearing for a complaint filed by City Prosecutor Pope.

Uncle Keith defended himself against Pope's allegations at an epic afternoon and evening Police Commission hearing that stretched past midnight.

The commission sided with Pope in saying Uncle Keith crossed the line to hit Rappe in connection with a rowdy night at a tavern downtown in November 2003.


City police arrested Rappe in April for misdemeanor sexual assault, battery and disorderly conduct. County District Attorney O'Leary dropped the sexual assault and battery charges. Rappe later moved away.

The commission said Uncle Keith showed bias by delaying charging Rappe until April and by waiting until March to take a written witness statement.

Uncle Keith said he delayed starting the investigation because he didn't want to influence the mayoral race. Mayor McIntyre defeated Rappe in the April mayoral race.

"There is no reasonable basis for the chief to choose to do anything other than to either take a statement or to turn the matter over to an independent agency such as the sheriff's department," the report said.

The commission focused on a conversation between Uncle Keith and City Administrator Flanigan.

Flanigan testified that Uncle Keith told her that Rappe should know that if he resigned from the city council and dropped out of the mayoral race, the charges would go away.

"If the alderperson committed a crime, there was no reasonable basis for considering that he might avoid prosecution simply by resigning from his official position," the commission said.

Uncle Keith said he asked Flanigan if a deal with Rappe was possible.

He said the town has a history of letting embattled city employees leave their posts in exchange for dropped charges.

The commission said the Rappe case was different, because the alderman was elected, not appointed.

"The use of a potential criminal charge solely to induce resignation of a city alderperson is not a course of action that should ever be taken or even considered by a city police chief," the commission ruled.

The commission also zeroed in on a meeting of Uncle Keith and Pope.

Pope said Uncle Keith threatened to slap him with a complaint if the city prosecutor didn't pursue Rappe as the chief wanted.

"Clearly, the chief's interest in these otherwise insignificant municipal ordinance proceedings was extraordinary," the commission said.


The commission said it was unable to rule on whether Uncle Keith violated a specific department rule, as Pope said he did.

The department sided with Pope in saying Uncle Keithtried to gain an unfair advantage in the case by contacting Municipal Judge Furan.

Furan testified Uncle Keith called him to tell him Rappe's accusers would lie about the chief's conduct.

"Whether or not Chief Keith was violating the law, he was violating department rules concerning integrity, fairness and impartiality," the commission said.

Uncle Keith and police administrative assistant Balis, who was in the room when Uncle Keith called Furan, said Furan's comments were inaccurate.

Uncle Keith marshaled several long-time police officers to say he did not overstep his bounds by hanging on to the Rappe investigation.

"Anytime a police department receives a complaint from a citizen, their responsibility is to act on it," said former town sheriff Tilley.

The commission said the witnesses were not credible. The report said they testified to protect the chief. The commission did not find that Uncle Keith violated a aspecific statute.

The board said it did not fire Uncle Keith only because of his record of service to the city.

A 2003 study from a Virginia consultant labeled the chief "controversial" and "intimidating."

"There was never a finding of fact pertaining to the comments of that study," Uncle Keith said.

Uncle Keith plans to file a complaint against Pope on separate allegations of misconduct. Uncle Keith also said he would have lung surgery soon.

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