Muncie officers reinstated after court ruling determines department violated FOP contract

Muncie, Indiana – Following a Delaware County court’s ruling that the discharge of two Muncie police officers had breached their contracts with the Fraternal Order of Police, the officers were returned to their previous positions.

Officers Lance Clay and Jonathan Powell were the targets of formal accusations filed by Muncie Police Chief Nathan Sloan with the Muncie Police Merit Commission in March 2023. This is in response to reports that in late January 2023, Clay and Powell tested positive for an illicit drug.

Officers who were first-time offenders have three options under the FOP contract: retire, resign, or enroll in mandatory drug treatment. By mid-April 2023, Powell and Clay had both finished their treatments.

Following their medical discharge, both officers were put on unpaid administrative leave. The court filings state that Powell was placed on leave on September 22, 2023, and Clay was placed on leave on August 18, 2023.

Following a combined evidentiary hearing on the merits of the official charges, the Muncie Police Merit Commission dismissed the two officers from the Muncie Police Department in February. The two officers testified at that hearing to the facts stated in the accusations, but they maintained that the FOP agreement precluded any further disciplinary action or termination.
Following that ruling, the two officers petitioned for judicial review in March and filed an appeal of the merit commission’s decision. In late June, the Delaware County court heard arguments from the attorneys for both parties, and on August 16, the court rendered its decision.

Delaware County Circuit Court No. 4 Judge John Feick ruled in the decision that the merit commission is subject to the terms of the FOP agreement, specifically those pertaining to police officer discipline. It was also determined that the decision to fire the two officers was against the terms of the FOP agreement.

The decision states, “The FOP Agreement forbids the Petitioners from being terminated because this was both Petitioners’ first-time offense.” “The Merit Commission’s decision to terminate Petitioners’ employment is illegal because it violates the FOP Agreement for this reason alone.”The verdict goes on to state that “in the event the Officer successfully completes the (treatment) program, no further discipline shall be invoked against said officer,” as stated in Section 38.02 (C)(3) of the FOP Agreement. “Therefore, no additional discipline could be applied after Petitioners’ substance addiction treatment programs were successfully completed.”

The agency is mandated by the court to pay back the two officers for any lost pay and benefits during their leave.

Sloan stated in a letter he posted on Monday that he “respectfully” disagrees with the court’s ruling and that the FOP contract’s section on drug and alcohol misuse was “never meant to apply to the situation before the court.”

According to Sloan, he thinks it was designed for police who battle alcoholism, chemical dependency brought on by a physical damage, and persistent pain from a crippling or work-related accident.

The letter states, “The article should not be applied to those who feloniously conspire to obtain and ingest cocaine, or other illegal substances, for recreational purposes. It was meant to protect officers in these types of dire situations.” “Muncie Police policy and the rules of the Merit Commission are also broken by this kind of activity.”

According to Sloan, in situations such as this, the merit commission “acts as a jury” to hear testimony and make a determination. “Independently considering the evidence, the commission determined that the actions of these two officers rose to a level necessitating their dismissal,” Sloan emphasized.

In closing, Sloan stated, “The idea that police officers would associate with a criminal element, plan to obtain illegal drugs, and then consume those drugs is offensive to the very core of policing values, our code of ethical conduct, and the profession as a whole.” “It is essential to cherish and safeguard the confidence that the public has in law enforcement officials at all costs.

Sloan went on, “We are looking at our alternatives right now and will take legal action, including appealing the decision. “Police misconduct is not acceptable to the Muncie Police Department, and we will take appropriate action if and when it happens.”