MUNCIE, Ind. -- Two Muncie police officers have been reinstated in their former roles after a Delaware County court determined their termination violated the officers' Fraternal Order of Police contract.
In March 2023, Muncie Police Chief Nathan Sloan brought forward official charges with the Muncie Police Merit Commission against officers Lance Clay and Jonathan Powell. This comes after Clay and Powell reportedly tested positive for an illegal substance in late January 2023.
The FOP contract gives officers who were first time offenders the option to resign, retire or enter mandatory substance abuse treatment. Both Powell and Clay completed treatment by mid-April 2023.
After the officers completed treatment, both were then placed on administrative leave without pay. According to the court documents, Clay was placed on leave on Aug. 18, 2023 while Powell was placed on leave on Sept. 22, 2023.
In February, the Muncie Police Merit Commission terminated the two officers' employment with the Muncie Police Department after a joint evidentiary hearing on the merits of the official charges. During that hearing, the two officers admitted to the facts laid out in the charges, but argued that termination or further discipline was not permitted because of the FOP agreement.
After that decision, the two officers filed an appeal of the merit commission's decision and petitioned for judicial review in March. After hearing arguments from each party's counsel in late June, Delaware County court issued its ruling on Aug. 16.
In the ruling, John Feick, a judge for Delaware County Circuit Court No. 4, said that the merit commission is bound by the FOP agreement and its provisions surrounding discipline of police officers. The decision to fire the two officers was also found to be in violation of the FOP agreement.
"Because this was both Petitioners' first-time offense, the FOP Agreement prohibits the Petitioners from being terminated," the ruling reads. "For this reason alone, the Merit Commission's decision to terminate Petitioners' employment violates the FOP Agreement and is, therefore, contrary to law.
"Section 38.02 (C)(3) of the FOP Agreement further provides that 'in the event the Officer successfully completes the (treatment) program, no further discipline shall be invoked against said officer,'" the ruling continues. "Accordingly, upon successful completion of Petitioners' substance abuse treatment programs, no further discipline could be imposed."
As part of the ruling, the department is ordered to reimburse the two officers for all salary and other benefits lost when they were on leave.
Chief's response to ruling
In a letter released by Sloan on Monday, Sloan said that he "respectfully" disagrees with the court's decision, stating that the article dealing with drug and alcohol abuse in the FOP contract was "never meant to apply to the situation before the court."
Sloan said he believes it was intended for officers who struggle with alcoholism as well as those battling a chemical dependency that was the result of a bodily injury and chronic pain from a work-related or debilitating injury.
"The article was meant to protect officers in these types of dire situations and should not be applied to those who feloniously conspire to obtain and ingest cocaine, or other illegal substances, for recreational purposes," the letter reads. "This type of activity also violates Muncie Police Merit Commission rules and Muncie Police policy."
Sloan said that the merit commission "acts as a jury" in cases like this to hear evidence and render a decision. Sloan stressed that the commission "independently considered the evidence and decided that the actions of these two officers rose to a level necessitating dismissal."
"The notion of police officers consorting with a criminal element, conspiring to obtain illegal narcotics, and eventually ingesting those narcotics is offensive to the very core of policing values, our code of ethical conduct and the profession as a whole," Sloan said at the end of the letter. "The trust that citizens place in their policing officials is crucial and must be revered and protected at all costs.
"We are currently examining our options and will pursue all legal recourse including an appeal of the ruling," Sloan continued. "The Muncie Police Department does not condone this type of activity, will not tolerate police misconduct and will take action if and when it occurs."