Judge sides with city over Slusser

CELINA - A visiting judge ruled this week that city officials were justified in terminating former Celina Police Chief Dave Slusser.

Judge Roger B. Wilson issued the ruling filed Tuesday in Mercer County Common Pleas Court saying the city's actions were appropriate.

"I'm disappointed in the decision," Slusser told the newspaper Friday evening. He deferred all other questions to his attorney, Bruce Elfvin, who was unavailable for comment.

Mayor Jeff Hazel said the city followed its due diligence and met all burdens of proof, allowing the judge to reach his conclusion.

"From a city standpoint ... it's always tough for the parties involved, especially from a litigation standpoint," Hazel said. "I'm not sure anybody ... walk(s) away unaffected."

Although due process doesn't always move quickly, he added, it allowed the judge to consider all elements to make a fair decision.

"From my standpoint, I certainly do believe in due process," he said.

City officials terminated Slusser on June 13, 2013, on charges of not documenting receipt and mishandling of a bottle of prescription Xanax pills linked to a domestic violence case; altering employee time records so restricted alcohol and drug funds could be used to meet a police payroll deficit; failing to return a .38-caliber pistol to its manufacturer after testing; not disposing of blood-stained evidence according to department policy; and not following a direct order to wipe clean data on two laptop computers, which allegedly contained photos from a child-abuse investigation, city attorney Pete Nevada has said.

Slusser first appealed his termination to the Celina Civil Service Commission, whose members ruled in favor of the city. He then filed an appeal with Mercer County Common Pleas Court, and Wilson rejected the case, saying Slusser hadn't filed the appeal in a timely manner. The Third District Court of Appeals in September reversed Wilson's ruling and sent the case back to him.

After reviewing the case, Wilson said late last year that Slusser was entitled to an appeal.

Wilson heard testimony Feb. 16-17 from both sides in the civil appeal.

Those testifying were Slusser; current chief Tom Wale; former department employees Lee Andrew Regedanz, Calvin Freeman and James Stelzer; city law director George Moore; and local attorney Louis Schiavone, according to court documents.

After the testimony, attorneys were given 20 days to submit proposed findings of fact, conclusions of law and any final argument to Wilson, a retired Champaign County common pleas judge. Wilson deliberated during the ensuing months before ruling this week.

Slusser and his attorney now have the option to appeal the decision to the Lima appeals court, Hazel said.