Thomas MacMillan Photo
Almost 12 weeks after a drunken “sick day” escapade, Jason Bandy handed over his badge and gun Monday night, ending his brief career as a city cop. The two sides in the case differed on a question: How much is it OK for a cop to lie?
At its monthly meeting at police headquarters on Tuesday evening, the Board of Police Commissioners voted to terminate Bandy for violating 10 different rules.
Bandy (pictured) has just a year and a half on the force. His troubles began on one fateful night in October. According to police, the 24-year-old rookie called in sick on Oct. 29, then went out to the Center Street Lounge. There he allegedly got drunk, urinated on the floor of the bathroom, and refused to leave when staff asked him to go. Bandy was later arrested and charged with breach of peace, interfering with an officer, and disorderly conduct. (Bandy’s court case has been continued until Jan. 25.)
In addition to his criminal charges, Bandy was accused of breaking 10 police rules. Chief James Lewis charged Bandy with violating rules covering conduct, interactions with civilians, false reports, and deception.
Bandy showed up at Tuesday’s Board of Commissioners meeting to answer to those charges. He wore his uniform and his sidearm. After a closed-door session lasting over an hour, the board voted unanimously to follow the recommendation of Chief Lewis and fire Bandy.
Sgt. Louis Cavaliere, the head of the police union, promised after the meeting to appeal the decision by filing for arbitration. He described Bandy as a good cop who made a mistake and deserves a second chance. He said falsely calling in sick, while wrong, shouldn’t constitute grounds for dismissal.
Bandy declined to comment.
The hearing began just after 7 p.m. Bandy immediately requested a closed hearing. The board went into executive session. After an hour and a half, Bandy, Cavaliere, Chief Lewis, a union attorney, and others came out of the meeting room while the commissioners deliberated. By 8:55 p.m., they had their decision.
In a quick unanimous vote the commissioners elected to fire Bandy.
“This hearing is concluded,” said Chairman Richard Epstein, banging his gavel.
As Bandy left the room, he shook hands with Chief Lewis. “I’m sorry,” Lewis said.
Epstein declined to comment on the hearing. He said he wants to honor Bandy’s wish that it be a closed meeting. He said only that the termination was effective immediately. “As of right now, he’s no longer a police officer.”
Police were relieving Bandy of his gun and badge “as we speak,” Chief Lewis said. He was sitting in his office, moments after the hearing.
Lewis said the decision to fire Bandy came down to “the issue of honesty.”
“He called in sick,” Lewis said. “Was he really sick?” A detective at the Center Street Lounge had asked Bandy if he was a cop, and he said no, Lewis said. Bandy’s lies demonstrate a lack of honesty, the chief said.
A cop must be seen as trustworthy by the public, Lewis said. “Citizens expect him to testify in the future.”
“I feel terrible for the kid,” Lewis said. “But not everyone is suited to be a police officer.”
Union Chief Vows To FIght On
Paul Bass File Photo
“We’re going to file for arbitration,” said Sgt. Cavaliere (pictured), when contacted after the meeting.
He called Bandy a good cop “worth saving.” It was the first time Bandy was ever in trouble, Cavaliere said. “Everyone deserves a second chance.”
Bandy had offered to serve a “lengthy suspension” and to abide by a “last chance” arrangement under which he would have been fired immediately for any rule violations in the next two years, Cavaliere said. But the board turned him down.
“They went for the jugular,” Cavaliere said. Termination is an inappropriate punishment for the charges against Bandy, he said. Bandy “didn’t hit anyone, he didn’t strangle anyone.”
Cavaliere took issue with Lewis’ argument that Bandy had to be fired because he was dishonest. “The chief is wrong,” Cavaliere said.
“We’ve had officers routinely book off sick” when they aren’t, he said. “He made it sound like this is a capital punishment … People book off sick all the time.” Cavaliere acknowledged that calling in sick when you’re not is not the right thing to do. But it’s common, and tolerated, he claimed
“It happens in every workplace in the United States,” Cavaliere said. “It should not be used as a firable offense.”
Cavaliere said Chief Lewis had characterized Bandy’s “sick day” as a “violation of the public trust.” Cavaliere called that “ridiculous.”
The union head said he is looking forward to a “fair and independent panel” hearing Bandy’s case in arbitration. The union will show that Bandy has been “treated disparately compared to other cases,” Cavaliere said.
That process could take six months or a year, he said.
Counseling
Cavaliere also objected to another line of argument allegedly pursued by the chief. He said Chief Lewis brought up the fact that Bandy has contacted the police department’s Employee Assistance Program (EAP) for counseling. Cavaliere said Lewis told the commissioners he doesn’t want officers who need to be counseled. That’s a bad precedent to set, Cavaliere said.
The union head said he’s now going to have to encourage union members not to tell EAP if they need counseling because of a divorce or any other kind of personal problem. He said he’s going to tell officers to “go to their own clinician and not tell anyone.” Based on the chief’s alleged statements in the meeting, if officers tell the department they have problems in their life, that could become grounds for dismissal, Cavaliere said.
Reached on Wednesday, Chief Lewis said that Cavaliere’s statements were “absolutely untrue.” Lewis said he never brought up EAP at the meeting and he never said that anyone should not use EAP.
“We encourage officers to seek counseling!” Lewis said. “We pay for it!”
Lewis said that it was “improper” for Cavaliere to talk about what happens in a closed session and to talk about who may or may not be making use of EAP.
Free Bandy!