Post by Critique on Jan 4, 2007 17:55:57 GMT -5
2006-12-30
JEFFERSON, GEORGIA - A Jefferson police captain is serving a two-day suspension for violating a department policy by talking with a local newspaper.
Chief Joseph Wirthman suspended Capt. Barry Gardner for talking with the Jackson Herald newspaper about a pair of bank accounts that now are under investigation by the Georgia Bureau of Investigation.
The chief previously sent a pair of memos to officers "with a direct order not to talk publicly about any facet of the ongoing GBI investigation unless it came through my office," Wirthman wrote in a Dec. 20 memo to Gardner.
Speaking to the newspaper "is in direct violation of my orders," Wirthman wrote. "After speaking with you about this I can empathize with you wanting to tell (your) side of the issue however this investigation is to (be) fought in a court of law not the court of public opinion."
The Jefferson Police Department maintained two bank accounts apparently to circumvent city council scrutiny of spending, including one account that was supposed to benefit children but instead helped fund department operations, according to a recent audit of the accounts.
Read the auditor's report of findings (pdf)
Auditor Hubert Briscoe called the savings account, created in October 2000, an unauthorized bank account because he could find no records that it was approved by the Jefferson City Council. The auditor also said it appeared all spending from the savings account violated state law because there is no record showing the spending was authorized or budgeted by the council.
Briscoe recently told the Athens Banner-Herald the accounts were created by the town's former police chief, but about a year after they were established, the accounts were maintained by Gardner.
Gardner served his suspension Thursday and today.
Wirthman said Thursday he asked officers not to talk about the investigation as an attempt to reduce the rumors circulating through town.
Jefferson police memos
Jefferson police Chief Joseph Wirthman suspended Capt. Barry Gardner for talking with the Jackson Herald about a pair of bank accounts that now are under investigation by the Georgia Bureau of Investigation. Here is the text of three memos written by Wirthman:
Nov. 21: Memo from Wirthman to "All Police Department Personnel"
As most of you are aware of and others soon to find out several past and present officers of the Jefferson Police Department were served notices of indictment from the District Attorney's Office through the Georgia Bureau of Investigation. This is a very sensitive issue and is the beginning of the end result of the investigative cloud that has been hanging over this agencies head for the past year. At this time I am directing all of you not to make any comments or state any opinions to the public or in your tour of duty unless authorized through subpoena at the Grand Jury. Any questions from the public need to be forwarded to my office and I will handle the issue. This, hopefully, will prevent any false rumors from spreading.
Any officer or employee who violates this directive will be subject to immediate and harsh disciplinary action.
Thanks in advance for your attention to this directive.
Dec. 10: Memo from Wirthman to "All Personnel"
Just a reminder that the GBI investigation is still active and I want the following direct orders complied with.
1. Any and all comments made to the media regarding the investigation will come through my office only. If a member of the media contacts you forward them to me for any official statement.
2. Regarding the previous Police Chief, Darren Glenn; I know I cannot stop individuals from talking with him, however if Mr. Glenn contacts you regarding any matter with this investigation then you are compelled not to make any statements and to notify me immediately. Only if you are subpoenaed by Mr. Glenn's Attorney are you to talk about the investigation. Please act accordingly.
Dec. 20: Memo from Wirthman to Capt. Barry Gardner
I produced and sent out two memorandums (November 21, 2006 and December 10, 2006) with a direct order not to talk publicly about any facet of the ongoing GBI investigation unless it came through my office. This was to prevent any false rumors from spreading and to not interfere with the investigation. It has also come to my attention that the Assistant City manager, John Ward who was the interim Chief of Police during the summer, had also directed officers in a meeting of the same. On Wednesday December 13, 2006 the Jackson Herald on the top of page two has an article where you are quoted several times referencing an audit account of monies that is still under investigation. This is in direct violation of my orders. After speaking with you about this I can empathize with you wanting to tell you side of the issue however this investigation is to fought in a court of law not the court of public opinion. As a Captain in this agency you should be well aware of the following of orders. Therefore I find that you violated Jefferson Police Department Policy and Procedure 4.1.2 Insubordination and as a result you will receive a two day (16 hour) suspension without pay.
You have five (5) days to appeal this disciplinary action.
JEFFERSON, GEORGIA - A Jefferson police captain is serving a two-day suspension for violating a department policy by talking with a local newspaper.
Chief Joseph Wirthman suspended Capt. Barry Gardner for talking with the Jackson Herald newspaper about a pair of bank accounts that now are under investigation by the Georgia Bureau of Investigation.
The chief previously sent a pair of memos to officers "with a direct order not to talk publicly about any facet of the ongoing GBI investigation unless it came through my office," Wirthman wrote in a Dec. 20 memo to Gardner.
Speaking to the newspaper "is in direct violation of my orders," Wirthman wrote. "After speaking with you about this I can empathize with you wanting to tell (your) side of the issue however this investigation is to (be) fought in a court of law not the court of public opinion."
The Jefferson Police Department maintained two bank accounts apparently to circumvent city council scrutiny of spending, including one account that was supposed to benefit children but instead helped fund department operations, according to a recent audit of the accounts.
Read the auditor's report of findings (pdf)
Auditor Hubert Briscoe called the savings account, created in October 2000, an unauthorized bank account because he could find no records that it was approved by the Jefferson City Council. The auditor also said it appeared all spending from the savings account violated state law because there is no record showing the spending was authorized or budgeted by the council.
Briscoe recently told the Athens Banner-Herald the accounts were created by the town's former police chief, but about a year after they were established, the accounts were maintained by Gardner.
Gardner served his suspension Thursday and today.
Wirthman said Thursday he asked officers not to talk about the investigation as an attempt to reduce the rumors circulating through town.
Jefferson police memos
Jefferson police Chief Joseph Wirthman suspended Capt. Barry Gardner for talking with the Jackson Herald about a pair of bank accounts that now are under investigation by the Georgia Bureau of Investigation. Here is the text of three memos written by Wirthman:
Nov. 21: Memo from Wirthman to "All Police Department Personnel"
As most of you are aware of and others soon to find out several past and present officers of the Jefferson Police Department were served notices of indictment from the District Attorney's Office through the Georgia Bureau of Investigation. This is a very sensitive issue and is the beginning of the end result of the investigative cloud that has been hanging over this agencies head for the past year. At this time I am directing all of you not to make any comments or state any opinions to the public or in your tour of duty unless authorized through subpoena at the Grand Jury. Any questions from the public need to be forwarded to my office and I will handle the issue. This, hopefully, will prevent any false rumors from spreading.
Any officer or employee who violates this directive will be subject to immediate and harsh disciplinary action.
Thanks in advance for your attention to this directive.
Dec. 10: Memo from Wirthman to "All Personnel"
Just a reminder that the GBI investigation is still active and I want the following direct orders complied with.
1. Any and all comments made to the media regarding the investigation will come through my office only. If a member of the media contacts you forward them to me for any official statement.
2. Regarding the previous Police Chief, Darren Glenn; I know I cannot stop individuals from talking with him, however if Mr. Glenn contacts you regarding any matter with this investigation then you are compelled not to make any statements and to notify me immediately. Only if you are subpoenaed by Mr. Glenn's Attorney are you to talk about the investigation. Please act accordingly.
Dec. 20: Memo from Wirthman to Capt. Barry Gardner
I produced and sent out two memorandums (November 21, 2006 and December 10, 2006) with a direct order not to talk publicly about any facet of the ongoing GBI investigation unless it came through my office. This was to prevent any false rumors from spreading and to not interfere with the investigation. It has also come to my attention that the Assistant City manager, John Ward who was the interim Chief of Police during the summer, had also directed officers in a meeting of the same. On Wednesday December 13, 2006 the Jackson Herald on the top of page two has an article where you are quoted several times referencing an audit account of monies that is still under investigation. This is in direct violation of my orders. After speaking with you about this I can empathize with you wanting to tell you side of the issue however this investigation is to fought in a court of law not the court of public opinion. As a Captain in this agency you should be well aware of the following of orders. Therefore I find that you violated Jefferson Police Department Policy and Procedure 4.1.2 Insubordination and as a result you will receive a two day (16 hour) suspension without pay.
You have five (5) days to appeal this disciplinary action.