Tryon v. City of Terre Haute, 19914
| Decision Date | 29 October 1963 |
| Docket Number | No. 1,No. 19914,19914,1 |
| Citation | 193 N.E.2d 377,136 Ind.App. 125 |
| Parties | Raymond L. TRYON, Appellant, v. CITY OF TERRE HAUTE, Indiana, Appellee |
| Court | Indiana Appellate Court |
Mann. Mann. Chaney, Johnson & Hicks, Terre Haute, for appellant.
N. George Nasser, Terre Haute, for appellee.
This matter comes to us from the Superior Court Number Two in Vigo County, Indiana, wherein the said Court sustained a decision of the Board of Public Works and Safety of the City of Terre Haute, Indiana, and who, after notice and hearing, suspended, without pay, a City Detective for a period of six months, and also reduced him in rank to the rank of patrolman.
The record now before us indicates that the appellant, Raymond L. Tryon, was a duly-appointed member of the Police Department of the City of Terre Haute and was on January 11, 1962, on active duty as a detective of said Department, and that on said date, he was indefinitely suspended from duty, without pay and without any charges pending against him.
The record reveals that the action was taken by the Superintendent of Police and was approved by a resolution of the Board of Public Works and Safety.
It appears that on the 13th day of February, 1962, the Board of Public Works and Safety caused to be served upon the appellant certain averred charges of alleged misconduct and also a notice of a hearing on said charges, and that later, on the 15th day of February, 1962, an amended notice of hearing before the Board was served upon the appellant, which pertinent parts of said amended notice and charges read as follow:
'AMENDED
'NOTICE OF HEARING BEFORE THE BOARD OF PUBLIC WORKS AND SAFETY, CITY OF TERRE HAUTE, INDIANA, OF CHARGES PREFERRED AGAINST DETECTIVE RAYMOND TRYON BY THE POLICE DEPARTMENT, CITY OF TERRE HAUTE INDIANA.
'You are hereby notified that the Board of Public Works and Safety, City of Terre Haute, Indiana, will meet to consider charges filed against you by the Police Department, City of Terre Haute, Indiana, alleging violations by you of the following Rules and Regulations of the Police Department, City of Terre Haute, Indiana:
'Rule #4: Proper discharge of duty.
'Rule #9: Enforcement of Law.
- 'Rule 27: Loaning money to Prisoners.
'You have also been charged by the Police Department, City of Terre Haute, Indiana, with conduct unbecoming an officer and conduct injurious to the public peace and welfare. These charges, brought pursuant to the provisions of Burns Indiana Statutes Annotated, (1933) (1950 Replacement) 48-6105, involve your association with known criminals and your demand for and receipt of 'hush money' from persons known by you to have been guility of crime.
'All of the foregoing alleged violations occurred on or about August 4, 5 and 6, 1961, excepting the violation of Rule #9, involving advise to a suspect in theft case of a forthcoming search of his premises, which allegedly occurred on or about February 11, 1960.
'You are further notified that the Board of Public Works and Safety will meet and hold a hearing upon these charges at 10:00 A.M., C.S.T., February 23, 1962, at Room #218, City Hall, Terre Haute, Indiana; that you have the right to be present in person and/or by attorney, to examine and cross-examine witnesses and to offer any evidence you may have in defense of these charges.'
Further, the record reveals that on February 23, 1962, at the time and place of the scheduled hearing, the appellant appeared, with counsel, and prior to the commencement of said hearing, filed lengthy, written objections to said hearing, averring in substance that said charges were wholly insufficient to enable him to determine the accusations against him with sufficient clarity to enable him to defend himself and that he was unable to discover the exact nature of the charges.
It further appears that the Board of Public Works and Safety overruled said objections and proceeded with the hearing. Thereafter, on the 19th day of April, 1962, the Board of Public Works and Safety rendered a decision on said charges, which decision was as follows:
'Charges against Detective Raymond L. Tryon
'The Board met to conduct a public hearing on charges against Detective Raymond L. Tryon, as follows:
'1. Violation of Rule No. Four: Proper Discharge of Duty.
'2. Violation of Rule No. Nine: Enforcement of Law.
'The foregoing violations involved
'(a) recommending to his superior officer the release from custody of an admittedly guilty burglar and safe cracker, and
'(b) advising a suspect in a theft case of the forth coming search of his premises by another member of the Terre Haute Police Department.
'3. Violation of Rule No. Twenty-Seven: Loaning money to prisoners.
'4. Offenses under the provisions of Burns Indiana Statutes Annotated (1933) (1950 Replacement) 48-6105:
'Conduct unbecoming an officer and conduct injurious to the public peace and welfare. The foregoing violations involve
'(a) Association with known criminals, and
'(b) demand for and receipt of 'hush money' from persons known by him to be guilty of crime.
'Each of the foregoing offenses were allegedly committed by Detective Tryon on or about August 4, 5, and 6, 1961, excepting the violation of Rule No. Nine, Rules and Regulations of the Police Department, City of Terre Haute, Indiana, which was allegedly committed by Detective Tryon on or about February 11, 1960.
'The hearing was conducted on February 23, 24, March 12, 13, 14 and 15, 1962, during which proceedings witnesses were sworn and testified, and other evidence was introduced in support of and in defense of said charges.
'The Board now, after having heard all of the evidence produced in said hearing and after having reviewed the transcript containing all of the evidence introduced in said hearing, FINDS Detective Raymond L. Tryon:
'The Board now orders that Detective Raymond L. Tryon be suspended from duty, without pay, for the period of six (6) months from and after January 11, 1962, and that he be reduced to the rank of patrolman, effective January 11, 1962.
'ATTEST
'(S) Frank P. Crawford
'Secretary'
Thereafter, the appellant took an appeal to the Superior Court No. Two of Vigo County where the matter was reviewed and the trial court, after examining the transcript of the proceedings in the matter of the charges filed before the Board of Public Works and Safety against the appellant, Raymond L. Tryon, found in substance, that said appellant was duly notified and hearing was had in accordance with said notice and thereafter adjudged that the action and finding of the Board of Public Works and Safety of the City of Terre Haute, Indiana, in suspending the appellant from said Police Department of the City of Terre Haute on April 19, 1962, was done in compliance with the statutes applicable thereto, and said action and finding was sustained with costs taxed to appellant, and thereafter this appeal followed.
The appellant in his Assignment of Errors avers six errors, among which they question the sufficiency of the charges upon which the original hearing was held.
In reviewing the applicable statutes, it is apparent the legislature intended to protect our policemen and firemen by tenure by enacting a...
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