The hearing was held March 20, and Wednesday night, trustees Don Culp and Terry Posey Jr. voted to administer a disciplinary penalty of an unpaid suspension for 30 calendar days and an immediate demotion to the position of lieutenant with no ability to serve in an acting capacity above that rank. No part of the suspension can be served through the use of accrued leave.
Etter was not present at Wednesday’s hearing and could not be reached for comment.
Trustee John Morris abstained from the vote, explaining that he did so because he was not present for Etter’s March 20 disciplinary hearing.
At that hearing, trustees approved charging Etter with two charges of nonfeasance, one charge of malfeasance, and misconduct in office/malfeasance. The alleged incidents occurred on Oct. 4 and Dec. 7, according to the notice of charges.
Two nonfeasance charges and a misconduct in office/malfeasance charge stem from statements Etter made Oct. 4, according to the notice of charges. The document says Etter was allegedly aware of a harassment claim but failed to follow up on it.
“The evidence indicated that Assistant Chief Etter was aware of a claim of potential harassment,” trustees said in the resolution, which Posey read aloud Wednesday. “The evidence revealed that Assistant Chief Etter did direct his subordinate lieutenant to investigate the claim. Assistant Chief Etter failed to follow-up with the lieutenant about the claim, which is a breach of his duty and responsibility as a high ranking officer in the department. This breach must have consequences.”
“For the record, it is important to note the potential claimant informed the township there is no truth to the claim and she has a very good relationship with the alleged harasser.”
Credit: RED BRICKS PHOTOGRAPHY
Credit: RED BRICKS PHOTOGRAPHY
The evidence also revealed that Etter derided and gossiped about members of the police department related to their positions, the resolution said.
Additionally, the evidence indicated that despite being ordered not to retaliate against officers for certain reasons, Etter “indicated an intent to retaliate in a conversation with a subordinate employee.”
“Although there has been no evidence of retaliation to date, the mention of intent to retaliate, whether that was a real intent or just talk, cannot be tolerated,” trustees said in the resolution.
Etter was cleared of a nonfeasance charge that he was aware of a judge’s allegations of racism by an employee, and failed to investigate.
“The evidence revealed that no judge communicated with Assistant Chief Etter about allegations of racism,” Posey said. “The evidence also revealed that to the extent such communications occurred with other members of the police department, those allegations were investigated and addressed.”
He also was cleared of a malfeasance charge by multiple individuals Dec. 7 alleging that Etter “was generally condescending, misogynistic, and rude” and that he “regularly used unprofessional language which was not appropriate for the situation,” according to the notice of charges.
Trustees said Etter’s counsel filed a motion to dismiss the charge due to it being “unduly vague.” They agreed and granted the motion to dismiss the charge, saying it ”does not provide sufficient information for Etter to prepare an explanation.”
Trustees declined to provide further comment following Wednesday’s meeting.
Etter started working for the Miami Twp. Police Department in May 2000. In August 2020, he was promoted from sergeant to the newly created position of professional standards lieutenant, supervising a detective sergeant and seven civilian employees. In June 2023, Etter moved up the ranks from lieutenant to assistant chief.
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