By FRANK LEWIS
PDT Staff Writer
Portsmouth Mayor David Malone says he is not going to take disciplinary action against Police Chief Charles Horner despite not receiving documentation that the chief was on medical leave for about three weeks before Malone learned of it from a newspaper reporter.
“I don’t think there will be (disciplinary action),” Malone said. “Even though he didn’t really give us any documentation as far as approval, if the doctors write him off I can’t really say, ‘no, you can’t have it off.’ We didn’t get that document like we should have on Dec. 7, but I don’t think it warrants any disciplinary action. Maybe it was just an oversight on his part.”
Malone said there is a policy in place for handling such situations.
“There is a Request for Leave document that each of them fill out and turn them in here and I sign then for approval,” Malone said.
Malone said Tuesday that he now has a document from the Ohio Bureau of Workers Compensation that gives Horner the recommendation to be off work because of illness.
Last week, Horner told the Portsmouth Daily Times that he had been off on medical leave for about three weeks, but Malone said at that time he was unaware Horner was off work and had not received any paperwork.
Now, Malone said Capt. Robert Ware has given him a copy of the document and said Ware had it all along.
“We did get some documentation that was the doctor’s recommendation to BWC, and she does recommend him being off Dec. 7 (2011) through Jan. 9 (2012),” Malone said Tuesday morning. “I am assuming it was issued Dec. 7. We didn’t get that information actually until Capt. Ware brought it into my office yesterday (Monday).”
Malone was asked if he was going to name an interim chief until Horner returns.
“Not at this point,” Malone said. “Because the chief is still actually the chief. But Capt. Ware will assume all the responsibilities while he’s incapacitated.”
Horner announced earlier this year he will retire in February and then run as an independent candidate for Scioto County sheriff.
Frank Lewis may be reached at 740-353-3101, ext. 232, or at flewis@heartlandpublications.com.
It appears, from Horner's own comments, he is positioning himself for a possible disability retirement. If you were sick, wouldn't you see your family doctor instead of a Bureau of Workers Comp physician? It kind of makes you wonder, doesn't it? And after he retires, in whatever manner, he wants to be the Scioto County Sheriff. Isn't this called double dipping? We've had enough of this practice in Scioto County.
He might even use this as a reason of not running for office too.
Mayor David Malone was advised in mid-November that my retirement date had been moved to late February, that I would be taking my vacation time, that Captain Ware would be assuming responsibilities of the Chief's position in preparation for him taking over when I retired. I also informed him that I would likely be having surgery in December. I had a follow-up telephone conversation with the Mayor concerning Captain Ware assuming responsibilities of the Chief of Police. In the conversation I emphasized that the senior Captain had always performed the functions of the Chief of Police in his absence, once again reminding him I was going on vacation. I went on vacation on November 16. Captain Ware was in charge, as is standard procedure.
The second day of vacation I was sick with sinus and respiratory problems. This followed being in the Marting's building attempting to locate a homicide case and Police decals. It was obvious the Police property had not been remediated of the mold and asbestos. At the time, I also was in disbelief with what I saw. Several thousand dollars worth of Police property was damaged or destroyed and it appeared that virtually everything had been rummaged through.
I progressively became more sick as I continued my vacation. On December 7, I was seen by the Occupational Health Doctor (handling my Bureau of Worker's Compensation Case related to mold exposure), was prescribe medication, and written off from work until January 9, 2012. On December 7th, I notified my office of the developments and spoke with Captain Ware. I instructed Captain Ware to notify the Mayor. Two days later, on December 9th, following an email about the Mayor's Christmas Party, I emailed the Mayor telling him I could not attend the party or a budget meeting due to my being on sick leave and being scheduled to have surgery the following Monday. The following Monday, my surgery was postponed due to the respiratory infection. I contacted Captain Ware and advised him of the same. He later indicated he informed the Mayor the following day, December 13th.
Contrary to the Portsmouth Daily Times article, I was on vacation leave until December 2, was off on medical leave two weeks, my office was notified the day the extended medical leave started (December 7), the Mayor (if he wasn't told by Captain Ware on the 7th or 8th) was reminded in an email, from me, on December 9th, that I was on sick leave. I received no communication from the Mayor until December 16th, a day before the Portsmouth Daily Times reported "Mayor: Chief Horner AWOL".
Facts show that the reporter was not the "first" to let the Mayor know I was on medical leave. The Office of the Chief of Police was notified on December 7th. A follow-up email was sent to the Mayor on December 9th.
Additionally, since my case is a Bureau of Worker's Compensation Case, I fully expect the City of Portsmouth received documentation from them.
I was on vacation at the time of becoming sick, Captain Ware was already the officer-in-charge.
I was not off sick three weeks prior to the reporter reportedly informing the Mayor that I had been off three weeks.
My vacation time and sick leave were documented, reviewed, signed, and approved by the Mayor.
The Mayor has since informed me that,
"as far as the headlines in the Portsmouth Daily times, I think it’s a prime example of how things can get twisted and misconstrued. That was not a comment that I made whatsoever. In fact, it was a comment made to me by the writer, of which I made no comment to. Therefore, I can’t apologize for a comment I did not make. I am sure you understand how all that works.
In closing, I questioned the reporter why "this", my medical leave, was even a story. After the story and misrepresentation of facts, I must now consider and explore whether this misreporting comes as a result of furthering personal agendas or being politically motivated and explore possible legal recourse.
Charles Horner
Chief of Police