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HomeMy Public PortalAbout11-24-1971 BOARD OF PUBLIC WORKS & SAFETY OF THE CITY OF RICHMOND, INDIANA, NOVENBER 24, 1971 The Board of Public Works and Safety of the City of Richmond, Indiana, met in regular session November 24, 1971 , at the hour of 9:00 a.m. in the Municipal Building of said City. Mr. Cecere presided with Mr. Benner and Mr. Judge present. The following business was had to-wit: Mr. Judge moved to approve the minutes of the previous meeting, seconded by Mr. Benner, and on unanimous voice vote the motion was carried. . The Clerk reported that she had a reply from Cox's Supermarket regarding the complaint of debris in the neighborhood. Mr. Cox said that the lot is being policed every day and he thought the complaint unjustified. The Board decided to wait and see if complaints continued. Fire Chief William Berry recommended the Board appoint David Harbin as probation- ary fireman, effective November 26, 197t:. Mr. Benner moved the Board approve the Chief's .recommendation, seconded by Mr. Judge, and on unanimous voice vote the motion was carried. Chief Berry recommended the Board appoint James Fessler as Probationary Fireman, under the Emergency Unemployment Act, effective November 27, 1971 . Mr. Benner moved the Board approve the Chief's recommendation, to continue `to serve at the discretion of the Board, seconded by Mr. Judge, and on unanimous voice vote the motion was carried. Police Chief Donald Strahan recommended the Board promote John Richard Farmer from Probationary Patrolman to Regular Patrolman. Mrm Judge moved the Board approve the Chief's recommendation, seconded by Mr. Benner and on unanimous voice vote the motion was carried. • Chief Strahan requested that an ordinance be prepared for Coundil's consideration, appropriating $52,000.00 from the Cumulative Capital Improvement "Building" Fund for the purchase of fourteen (14) 1972 Police cruisers. Mr. Judge said the Fire Department needs. one car and the total appropriation should be $55,714.00 to in- clude funds for the Fire Department car. Mr. Judge moved the Board order the ordinance prepared to appropriate $55,714.00, bids to be taken December 16, 1971 at 10:00 a.m. , seconded by Mr. Benner, and on unanimous voice vote the motion was carried. Traffic Captain Paul Martin reported that Pass Electric has signed a contract to modernize traffic: signals in the core downtown area. Captain Martin reported that he had had a request for a stop sign between South "Q" Street and the Southview Schook, and he would check into it. Mr. Cecere reported that he had had a request for a 4-way stop sign at South 7th and "E" Streets. Captain Martin said he would check it. A request was received from Councilman Elstro to have a vapor light installed, on an existing pole, at South 3rd and "P" Streets. Captain Martin said he would check it. Mr. Cecere stated that charges had been brought against Officer Michael Tevis by Police Chief Donald Strahan,- and notice had been issued November 11 , 1971 , and the original hearing date of November 18, 1971 , was changed at the request of the defendant, all pursuant to statutes. Officer Tevis was present, with his counsel, George Sawyer. Mr. Sawyer waived reading of the charges. Mr. Cecere explained that the Indiana Statutes require that a hearing be held when charges are filed against an officer. He further explained that the hearing would not be conducted as formally as a trial, that the rules were not of concern to the Board, but rather that both sides would be given an opportunity to present • their cases, relative to the .three charges, 1 . Failure to submit a doctor's certificate. 2. Disobedience of an order. 3. Being absent without permission or leave. Mr. Sawyer asked for separation of witnesses. The first witness for the Police Department was Sgt. Dan Wogoman, 1029 S.W. lst St. , Page 2 and he was sworn by Mr. Cecere. Under questioning by Mr. Cecere, Sgt Wogoman testified to the following: On November 4th at 7:15 a.m. he was in his office when officer Tevis asked him for his assignment and he assigned him to ride the motorcycle with Officer Shoemaker, for chalking tires o± parked cars in the downtown area. Officer Tevis told him he would not ride the motorcycle since it was too cold. Sgt. Wogoman advised Officer Tevis to check with the Lieutenant. Sgt. Wogoman was in the outer office when Officer Tevis talked to the Lieutenant and over heard officer Tevis being told again to ride the motorcycle and heard Officer Tevis again refuse because it was too cold and because he said he had a cold and didn't want to make it worse. Officer Tevis showed no outward signs of a cold. The Lieutenant then told Officer Tevis to take a car and do traffic duty at the High School. Be was then asked to help with an accident and was out until the Captain came in. At 8:30 a.m. he was called in to headquarters by Captain Martin who asked him whether Officer Tevis had refused to ride the motorcycle, and Sgt. Wogoman told the Captain that he had. The Captain asked him whether Officer Tevis appeared sick and he said no. All three went into the Captain's office and the Captain asked Officer Tevis whether he was still refusing to ride the motorcycle and was told yes. 'Officer Tevis then left the Captain's Office and was called back in a few minutes, at which time he was told to go home and get a doctor's certificate. Friday, November 5th, at 9:45 a.m. Sgt. Wogoman and Lieutenant Loper went to Officer Tevis' home, since Officer Tevis had not reported for duty or called in, and asked him whether he had contacted a doctor and were told that he had not, but that he would try to that day. They asked him whether he had not reported for duty because of illness and were told no, that Officer Tevis had not reported for duty because he was told not to come back until he had a doctor's certificate, and his doctor, Dr. Hagie, was out of town. They told Officer Tevis to report on Saturday with or without a doctor's certificate. He again saw Officer Tevis on Tuesday, November 9, when he was assigned to a car and went ondduty. Be had no further contact with Officer Tevis relating to the charges. Under questioning by Mr. Sawyer, Sgt. Wogoman testified to the following: It is customary for persons with a cold to have to present a doctor's certificate, although personally he had never been off sick. He thought it would have been reasonable for him to let Officer Tevis not ride the motorcycle if he had a cold and there were cars available. Be was shown a statement from Dr. Ebbinghouse and said he would accept that as a doctor's certificate. He said he could not have assigned Officer Tevis to a car since he is not the ranking officer in the Department. He said he!has known Officer Tevis as long as Officer Tevis has been on the Police force and he would want to work with him under certain circumstances. Be said the policy on riding motorcycles is that they are ridden in 32 degree temperature or over, and that November 1th was cold and clear, 33 degrees in the early morning. Lt Scott Loper of the Traffic Division was sworn in and testified to the following under questioning by Mr. Cecere: Captain Martin is his superior and Sgt. Wogoman is below him. He reported for duty at 7:15 a.m. on the 4th of November. At 7:20 a.m. Officer Tevis came to see him to ask what he should do and he told him to ride the motorcycle. Officer Tevis said he did not want to, that it was too cold and to tell the Captain that if he had to ride the motorcycle, he was going home sick. He then overheard Sgt. Wogoman assign Officer Tevis to a cruiser. Be reported the incident to Captain Martin as soon as the Captain got in and the Captain told him to call Officer Tevis in. All three went into the Captain's office and Officer Tevis again re- fused to ride the motorcycle because he had a cold and thought it was not in the best interest of his health. Captain Martin then called Chief Strahan and then told Officer Tevis that he was relieved of duty and to get a doctor's certificate. He had heard on the radio that the temperature was 32 degrees. Officer Shoemaker was out on a motorcycle on that day. Officer Tevis did not appear sick. He saw Officer Tevis again at 9:30 a.m. when he went to his home to tell him that the Captain had ordered him to get a doctor's certificate. November 5th he and Sgt. Wogoman went to Officer Tevis' home again to ask him whether or not he had a doctor's certificate and were told no. They then advised Officer Tevis to get a certificate as soon as possible. Officer Tevis told him he had been unable to get to see a doctor. They went back at 10:4+5 a.m. and told Officer Tevis that the Chief was ordering him to report for duty the next day. Officer Tevis said he did not yet have a doctor's certificate and therefore would not report for duty. Be was told to report anyway. Page 3 November 6th he and Lt. Hart went to Officer Tevis' home after Officer Tevis had called in sick. They asked Officer Tevis whether he had seen a doctor and Officer Tevis produced a slip from Dr. Ebbinghouse which stated that Officer Tevis had been under his care from November 4-8. They told Officer Tevis to report on Monday and were told that that was his normal day off, and he would come in on Tuesday. After checking with Chief Strahan, they told Officer Tevis that Tuesday would be all right. Tuesday, November 9th, Officer Tevis reported for duty and Lt. Loper assigned him to a patrol car for traffic duty at the High School. At 8:00 a.m. Captain Martin asked him whether the motorcycles were out, and he told the Captain that they were not because of the snow. The Captain told him to send men out on foot to mark tires. At 8:45 a.m. he called in Officers Tevis and Shoemaker to send them out on foot. At 9:1:5 Officer Tevis was beck in headquarters and said he would not walk. He was then warned that since he was refusing a direct order, it would involve Board action. Officer Tevis then turned in his radio and left without an explanation. He later went to Officer Tevis' home with Captain Martin but Officer Tevis was not home. November 10th Officer Tevis did not report to work and there is no record of his having called in. Lt. Loper again went to his home but again he was not there. There are five patrolmen in the Traffic Division and three officers. There are usually three cars assigned to the Division. There is no set policy on assign- ments. On November 4th there were only two officers in the Traffic Division. Under questioning by Mr. Sawyer, Lt. Loper testified to the following: • The order to go to Officer Tevis' house on Saturday to ask him for a doctors' certificate came from the Chief. He had found a note on his desk from Captain Martin. Captain Martin is his immediate superior. When Officer Tevis had been asked to give a speech in Connersville, the order tell- ing him not to had come from the Chief. Lt.Loper was not aware that Officer Tevis was making speeches.- The date on the certificate from Dr. Ebbinghouse was Nov. 4-7. He did inform Chief Strahan that he had seen a doctor's certificate before the 11th of November. The temperature on November 4th was 32 degrees and he did not check to see whether it was going up or down. He would not call men in who are out on motorcycles if the temperature dropped, it would be up to them to come in, and men sometimes ride motorcycles in lower temperatures. He did overhear Captain Martin call the time and temperature and found it was'32 degrees. He had been sick during his six years on the Police force and did not have to produce a doctor's certificate and he did not know of anyone who had had to produce a doctor's certificate when he had a cold. . November 9th.was a snowy day. Cars do get chalked during snows and it is up to the officers which wheel they chalk. He has told Officer Tevis on occasion that -orders pertaining to him came directly from Chief Strahan. Officer Tevis had been in the traffic division since May of this year. He had found Officer Tevis a good officer before November 4th. Officer Tevis did not give any reason why he did not want to go out to chalk tires. It had just started to snow and there was no snow on the ground. Officer Tevis had told him of one incident of harrasment, that he had found a clipping of a Beatles Bailey cartoon which had writing on it, but he did not remember' anything more specific about it. Under questioning by Mr. Benner, Lt. Loper testified that Officer Shoemaker was also out chalking tires on foot, that the primary reason for officers to go down- town is to chalk tires and that-officers do have rain gear. Under questioning from Mr. Sawyer, Lt. Loper testified that there is no quota of tickets required of officers who enforce parking laws, and that sometimes an officer issues as many as kOO parking tickets per month; that Officer Shoemaker was called in from walking sooner than Officer Tevis because he had to testify in Superior Court; that there are four black policemen on the force; that black officers had been assigned to traffic duty in the past. Traffic Captain Paul Martin was sworn in, and under questioning by Mr. Cecere, testified to the following: He had been- a- member of the Police Department for almost 20 years and he is the gage 4 ranking officer in the Traffic Division and reports to the Chief of Police. He first heard reports about the case November 4+th when he reported for work that Officer Tevis had refused to ride the motorcycle. He called in Officer Tevis to his office at 8:30 a.m. and asked him if he had refused and was still refusing to ride the motorcycle and was told yes because he had a slight cold. Captain Martin asked Officer Tevis to step out of his office and called Chief Strahan to tell him of the refusal because of a slight cold. He also reported to Chief Strahan that Officer Tevis showed no symptons of a cold. Chief Strahan issued orders that Officer Tevis was to be relieved of duty until he broil-lit a doctor's certificate to Captain Martin. He had never seen the certificate. Lt. Loper told him Monday that he had seen the certificate. He did not see Officer Tevis be- tween November 4+th and November 9th. Officer Tevis did not report on Wed- nesday and when he and Lt. Loper went to Officer Tevis' home they found a baby sitter who told him that Officer Tevis was not at home and had not been since 7:30 a.m. A second trip at 12:30 p.m. produced the same result. Be . had also been to his home the day before without finding him home. Officer Tevis had been told to produce the doctor's certificate to Captain Martin directly, which he had not done. Under questioning by Mr. Sawyer, Captain Martin testified to the following: He would have ordered Officer Tevis to bring in a certificate when he re- turned to duty if he had been sick. He had heard of the certificate. He checked with Chief Strahan before sending Officer Tevis home on the 4+th of November. He had had sick days and was not required to produce a doctor's certificate. He ordered Officer Tevis to produce a certificate because he did not exhibit any symptons of cold or flu. He could have ordered Officer Tevis to produce the certificate on his own authority according to the Police Manual but he is responsible to Chief Strahan. Mr. Sawyer submitted the certificate by Dr. Ebbinghouse as Exhibit "A". Captain Martin did not inform Chief Strahan of the existence of the Doctor's certificate and he did not know whether any did. Be did help in drawing up the charges against Officer Tevis. He said the certificate had never been produced to him. Concerning the temperature rule, Captain Martin said he might order men in from riding the motorcycle if- the weather got too bad but he would not repri- mand an officer for not coming in. Be would not order a man out on a motor, cycle if he thought he had a virus. The chalk used to mark cars is lime and heavy rain might make it wash off tires and passing cars, in some instances, might wash it off. He had no knowledge of motorcycle breakdown on the 9th of November. The Doctor's certificate stated that Officer Tevis was ready to assume his duties on November 8, and there was no other work available. Chief Strahan had ordered two men to either walk or ride the motorcycles and the only other officers were the Sgt. and Officer Meyers who_had been assigned to the Deparlunent temporarily for a special survey. Officer Tevis could have done the work Officer Myer's was doing but Officer Myers was only assigned for the pro- ject, on order of Chief Strahan. It did not occur to him that it might not be in Officer Tevis' best interest to go out after recovering from a virus. He had known Officer Tevis since he came to ;his Division and he had not noticed any deviation before this incident. He had thought Officer Tevis lax in his work but has not mentioned it to him. He had no.'knowledge of Officer Tevis being called in when he gave a ticket to Cliff Dickman. Under questioning from Chief Strahan, Captain Martin testified that Officer Tevis had complain$d;._to Sgt. Wogoman about his cold before he was assigned to the motorcycle on November 4th. Under questioning from Chief Strahan, Captain Martin testified that Officer Tevis had not shown a doctor's certificate to him. Under questioning from Mr. Sawyer, Captain Martin testified that officers alt- ernate shifts every month, one month they work from 7:15 a.m. to 3:15 p.m., and the next month they start at 3:15 p.m. and finish at 11:15 p.m. Officer Tevis had been on days during October and is still on days in November, on orders of Chief Strahan. He does not question orders from the Chief. The reason for the change in schedule was that another officer needed to be re- placed. He did not tell Officer Tevis of the reason because it was not nec- essary for him to know the reason and because it is Police policy not to dis- cuss one officer's problems with another. Page 5 That concluded the testimony of the Police Department. • George Sawyer for the defense called City Attorney Andrew Cecere who was sworn in. Under questioning by Mr. Sawyer, Mr. Cecere testified to the following`: Before coming on the Police force, Officer Tevis and his family came to visit him at his home to ask him if he could help Officer Tevis get on the force. Mr. Cecere told Officer Tevis to make application and take the prescribed tests and he would recommend to the Mayor that he be hired. He had kept track of Officer Tevis and had been proud of him until he was called before the Board the last time for refusing to obey a direct order, at which time he was disap- pointed. He had heard of Officer Tevis' complaint of harassment from Dr. Warren Staebler of the Human Relations Commission but not through any direct channels. He had told Dr. Staebler that the incidents should be reported and an effort would be make to find the offenders and they would be brought before the Board. He said he had never received any concrete evidence of racial harassment against Officer Tevis. Major Lewis Doren, Assistant Chief of Police, was next called and sworn in. Under questioning by Mr. Sawyer, Major Doren testified to the following: Officer Tevis had shown him a clipping which he had found in his mail box but he did not recall its exact nature. He did not take any steps to try to find out who the sender was since he did not have enough information. Under questioning by Officer Tevis, Major Doren testified to the following: Officer Tevis had shown him a clipping and gave him two names of police officers who he thought might be responsible. He told Officer Tevis he would speak to the two officers, but had second thoughts about it and did not. He did not tell Officer Tevis that he had changed his mind because it had slipped his mind. Mayor Byron Klute was sworn in and under questioning by Mr. Sawyer testified to the following: He has known Officer Tevis for about seven years and he had recommended him to be hired on the Police force. He did not keep especially close track of him. He had heard of complaints about Officer Tevis before the first time he came up before the Board concerning his general demeanor and appearance. One of the things being his hair. He had talked to Officer Tevis prior to the last time he was before the Board concerning harassment, and had told him tha: any organ- ization the size of the Police Department would have some people who resent him as black, and that in order to change their attitude he should be the best officer possible in order to allow the Department to perform its law enforcement functions. Officer Tevis did try to gain the respect of his fellow officers. Officer Tevis was sworn in and under questioning by Mr. Sawyer, testified to the following: He has been on the Police force for three years and has served under three line captains and one traffic captain. There are three other black men in the Depart- ment, one a captain. He has several times suggested that more black officers be hired but was told that there were not enough applicants and many could not pass the test. He has received letters in his mailbox and clippings, but all since the High School incident. Officer Tevis then reviewed the incident and his sub- sequent appearance before the Board. On November 4th, Officer Tevis reported for duty and told the Sgt. that he had a cold and did not want to feed it. He was told that his orders came from the Chief. He told the Sgt. that he would work if he were assigned to a car, and was told that even if he were assigned to a car, he would be called in as soon as Captain Martin got in and reported to the Chief. He went on duty in a car, covered an accident, and noted that the temperature was 31 degrees. He came back to headquarters and talked to Captain Martin, who then asked him to wait outside his office. While waiting he overheard the Captains conversation with Chief Strahan. He was then told to go home and .get a doctor's certificate. Be tried to see Dr. Clarkson at 1 :00 p.m. but was told he would have to wait two to three hours, and he then made an appointment with Dr. Ebbinghouse for the next day. He reported to work the following Tuesday and did not remember whether he had the doctor's certificate with him or not, but he said they had already seen it. On November 9th, he reported at 7:15 a.m. and was assigned a car to do traffic duty at the High School. At 8:4+5 a.m. he was called in by Lt. Loper and was Page 6 assigned to walk by Captain Martin. He went to the garage and called the Mayor, who refused to talk to him and called him a liar, and told him to take it up with the Chief. Be then turned in his radio. Officer ahoeaker was still in the car, although he did see him later on foot, "to cover up". Be refused to walk because of "all this mess they put on me". It was not his turn for the day shift, but they assigned him to it without giving a reason and the orders had come from Chief Strahan. Chief Strahan had him thrown out of the High School at homecoming. Chief Strahan had talked to Captain Gibbs and was told that Officer Tevis and Officer LaFuze were to work and Chief Strahan said that he (Officer Tevis) was not to, which was reported to Officer Tevis as a direct order. He went to see Chief Strahan the next Monday and was told it was because of his appearance. Chief Strahan then sent out a communique saying that any officers with long hair or moustaches or beards were not to go to High School or be allowed any priviledges. He would like to stay on the Police force, although they have "been out to get" him since last May. He said he was not paid enough money in his last check. He would try to get along with Chief Strahan if he is allowed to stay on the Department, if the Chief will also make an effort. Officer Tevis said'he was not guilty of the charge No. 1 , but was guilty of charges 2 and 3. He did those things under a mental strain and realized later that he was wrong, and went to the Mayor. He does not know why the Chief is "on his back". Be is the only black officer who won't let himself get pushed around. He has made it known that he wants more black officers on the Police force and he is the black with an Afro haircut. Be suggests improvements. Be thinks motorcycles are dangerous, one of the dangers being that there is no scramble button on the radio. Within the last month he has been asked to give speeches and act as police offi- cer at certain places, permission for all of which had been denied him. Be was told he could not go to the High School because he had no training with juveniles, but he has had many experiences with young people, including camp counseling college, etc. Be feels that he has the background to be in the juvenile depart- ment. He had been asked to go to Green Acres to let the children tell their, names to him and was refused permission, the same with Head Start. On November 12th he had been invited to speak to IVY TECH in Connersville, and Chief Strahan said to have the lady who invited him call in. Be doesn't know whether or not she did. He was later told not to go, that they were using a State Trooper instead because he was more qualified. Lt,Bailey was told he could not take Officer Tevis home from work, as had been their custom, because "the Chief said he couldn't ride him any more." He had tried to file charges of discrimination against Captain Blose but Chief Strahan said he would not do it. He had been trying -to start a grievance com- mittee in the FOP, and the next morning was stopped by a police officer who told him that Chief Strahan had called him and five others in to find out what Officer Tevis was doing there. He disobeyed orders because of harassment and psychological warfare. Under questioning by Mr. Cecere, Officer Tevis testified to the following: Be saw Dr. Ebbinghouse on Friday. 'The certificate stated that he had been under his care since Thursday. He had told the Sgt. that he was sick before he was assigned to the motorcycle. He did not report to work on Wednesday be- cause he had talked to Captain Givens who had tried to see the Chief and was unsuccessful. Captain Givens gave him the impression that it was "all over" and so he decided to wait for formal charges at the Board of Works on Thursday. Be had had only one reprimand by Captain Stout before the High School incident and no trouble with Chief Strahan until that time. He did not think it was his responsibility as an officer to decide what assignment he should be given. He has repeatedly asked to be transferred out of the Traffic Division because he thought he is too intelligent to mark cars. He has asked for assignment in the juvenile division. Be said he would do the job if he felt that he was being treated fairly. He has lost many friends. He is not a radical. The harassment of the letters did not influence his actions of disobedience, only the Chief's::b.ehavior did. He had once been reprimanded for taking a motorcycle assigned to another offi- cer because the otheer:;officer was off and it was a better motorcycle. Page 7 Under questioning by Mr. Cecere, Officer Tevis testified that he had come to Mr. Cecere's office once to talk about Officer Dickerson and that he had been unable to file charges against anyone, since Chief Strahan tore up one charge; that he had talked to Warren Staebler who told him to turn over the documents, but that Major Doren had them and Officer Tevis assumed the matter was being taken care of. This concluded the testimony. Sawyer summed up as follows: Indiana law recognizes. provocation as a defense to Assault and Battery. Officer Tevis is branded as the radical, the black trouble maker, whom some in the De- partment want to get rid of. The white power structure has tried to make him lose his cool. No other officer has been required to show a doctor's certificate. He has been prevented from giving speeches and make appearances at the High School. Be is the articulate one on the Police force who is questioning why there are not more than 4 black officers. It is up to the Board to decide whether the will of the Chief is done. He has advised Officer Tevis to keep documentation of all incidents and bring it to him. No one is better qualified than Officer Tevis to serve in the Juvenile Division, and it is a waste of resources to have him chalking cars. Officer Tevis is well-known in the North end and best use should be made of all resources. Officer Tevis did disobey an order for the reasons given, which are valid and should be investigated. No black man on the Police Department should be mis- treated by a superior officer. There are ways of finding out who the offenders are and if the Police Department can't do it, the Civil Rights Commission should be called in. Some things must be done in a Police Department, but officers should think indi- vidually, and Officer .Tevis has. He has acted like a human being, and it is to the best interest of the Police Department and the community that he remain on the force. Mr. Cecere said the Board would take the case under advisement. Mr. Sawyer brought up the question of pay. Mr. Cecere said that the Board would consider the charges and if they are not proven, Officer Tevis would be reinstated, if proven, the Board will make a disposition. He said the Board would consider the facts as they had been presented and would not be bound by anything else. November 29, 1971 The Board met in special session to render a verdict in the case of the charges filed by Police Chief Donald Strahan against Officer Michael Tevis. Mr. Cecere presided with Mr. Benner and Mr. Judge present. Mr. Cecere made the following statement: The Board had met in executive session for several hours to evaluate the evidence presented and came up with the conclusion that charge no. 1 had not been sustained by the evidence; that charges no. 2 and 3 had been admitted and found to be a fact and were sustained. It remained to assess the evidence in order to determine what form of penalty should be assessed. Any member of the Police Department must take orders from his superior officer or he must terminate membership in the Department if the Department is to function for the benefit of the entire community. The Board looks on acts of anonymous letters as acts of cowardice and indignity no one should have to suffer, however, people in positions of leadership are subjects to such abuse at some time. All persons in all departments will be notified that such actions will not be tolerated and anyone who is caught in such an act will be brought before the Board for disciplinary action. In any group of people, there are some that won't measure up. It is the mark of a man to be able to function despite this. It does not constitute an excuse or justification for disobedience of an order or being absent without leave. The Board reviewed the aspect of provocation and has found it to be mitigating but not justifying, as it would be if it were an act of selfdefense. ' Page 8 Officer Tevis has had opportunity to follow the chain of command and if he has not been satisfied he could have come to the Board. Mr. Cecere said he has faith in Chief Strahan and doesn't believe that.he. is racially prejudiced. Others have had to produce doctor's certificates as is borne out by the records. It is Police policy that patrolmen do not make public speeches. On November 9th there had been no known provocation of Officer Tevis, nor had there been on the 10th of November. It is the judgment of the Board that .the two days that Officer Tevis had been absent without leave, the 9th and 10th of November remain in effect. Beginning .November. 11th, Officer Tevis is to be sus- pended without pay for 25 days, to end December 6th when he will report to his assigned duties. Assignments of duty are the sole responsibility of Chiefs of Departments. If any man does not.want to follow these rules, his service should.be terminated. Mr. Sawyer made the following statement: The severity of the punishment is excessive. What is wrong with Richmond and America is that there is no realization among white people that the days of black people having to take abuse is past. When -this realization occurs, steps will be taken to rid society of those who perpetuate this. A racist attitude is bade It is too bad that.Officer Tevis had toecome before the Board. .If he had not, the message would not have gone out that racism is not to be tolerated. Action should be taken to purge the Police Department of people who carry out racist prejudices. We would like to do it ourselves, but.if we are unable. to, we will call in people from the outside. Be pledged his help in such a purge. Officer Tevis wants .to be a Police officer and doesn't have to take. insults. Nothing had been testified to as heresay evidence, only things that happended had been reported and no evidence has been given to rebut the things Officer Tevis has told. It is necessary to follow orders, but not to ,endure what Officer Tevis has had to endure. .The first order of business in.creating the finest Police Department in Indiana is to eradicate racism in the department. Office^Tevis had made the sacrifice, by committing a sezbus offense, to bring his message to the Board. There being no 'further business on motion duly made, seconded and passed, the meeting was adjourned. Andrew C. Cecere, President ATTEST: Lotte Hoskins, Clerk of the Board