Retaliation or officer accountability? Whitehall, Ohio police union and department dispute over officer termination

Discipline and officer appeal provisions in Whitehall’s police collective bargaining agreement (CBA) are at play in a dispute between the police department and union over the termination of a police officer.

The Fraternal Order of Police (FOP) in Whitehall, Ohio, requested the mayor to investigate the termination of officer Enrique Ortega on July 5. The union claims that the officer was wrongfully terminated in retaliation for his involvement in a recent vote of no-confidence against the police chief. The department claims Ortega was fired because of unsafe, unprofessional, and harmful conduct.

Appeal directly to the mayor is step four of the officer grievance process in the police CBA between the city of Whitehall and the FOP.

The CBA requires a pre-disciplinary hearing before suspension, termination, or demotion. Public Safety Director Van Gregg held a hearing with Ortega on July 5 before issuing the decision to dismiss him.

The CBA also lays out a five-step grievance procedure going from informal grievance meetings in step one through third-party arbitration in step five. After the safety director issues a disciplinary decision, the CBA says that an appeal skips to step four of the grievance process, which is the first step that appeals outside of the police department.

If the grievant is not satisfied with the mayor’s decision they may proceed to third-party arbitration.

Police Chief Mike Crispen wrote, “We are expected to hold police accountable for professional behavior, effective policing, and respectful treatment of the community. Unfortunately, Officer Ortega has made it clear he is unwilling to adjust to these standards of policing.”

The union argued that the charges against Ortega were fabricated in retaliation to Ortega’s complaints and criticism about department leadership and policies. Ortega specifically complained to administrators about “arrest and enforcement quotas under threat of discipline” according to the union.

Ortega also served as the union’s grievance representative and previously assisted in conducting a department survey about morale and working conditions. The union used the survey to call for a vote of no-confidence against Chief Crispen in June.

Additional reading:

Police collective bargaining agreements (CBAs)