Can a police chief fix a traffic ticket without consent from inital officer?

[policegal12]

Indiana

Can a police chief or Sheriff in Indiana void a traffic ticket that was written by an officer on the department without the officer's consent? For information, the officer was asked to change the ticket to a warning and declined to do so. The police chief then took the paperwork and voided the ticket on his own. He essentially just didn't turn the paperwork in because the ticket was issued to a friend of theirs'.

 

[CdwJava]

Sounds like a question for the local prosecutor, or, the Attorney general.

Depending on the specific type of offense, it may be possible for the Chief to not submit the citation. While it might be lawful, it certainly appears to be unethical.

If this happened, and you have proof of it and want to make a stink, find a crusading reporter and dime the Chief off.

 

[policegal12]

RE: Can a police chief...

Sounds like a question for the local prosecutor, or, the Attorney general.

I can't ask our local prosecutor because he and the chief are good friends. I have contacted the attorney general and was advised that it is not their jurisdiction and neighboring prosecutors have told me to contact the local prosecutor. I am just trying to find out my options. I certainly feel that it is unethical. I have, in writing (email) that he knew I did not want to change the ticket to a warning and did so despite.

 

[CdwJava]

I can't ask our local prosecutor because he and the chief are good friends. I have contacted the attorney general and was advised that it is not their jurisdiction and neighboring prosecutors have told me to contact the local prosecutor. I am just trying to find out my options. I certainly feel that it is unethical. I have, in writing (email) that he knew I did not want to change the ticket to a warning and did so despite.

So, you are the officer?

This might be an issue to bring up with your association, the mayor, the city manager, the council, or even the media. Though it might put your continued employment at risk.

Was the offense a municipal code violation? A parking violation? A misdemeanor traffic offense? or something else?

What does your agency's policy and procedure manual say?

 

[policegal12]

I am the officer. The ticket was a State Code violation for speeding. Almost 20 over the posted limit. My chief and I have had our clashes and I think he is doing this stuff to push my buttons so that he can get me to say or do something so that he can fire me. We do not have a policy and procedure for traffic citations. However, the general rule according to him, is that if they are going o15+ over the limit then we should cite them. Apparently this doesn't apply to his friends.

Im not trying to rock the boat too much but I am looking at having some sort of back up in case he tries to do something like fire me. I am currently 35 weeks pregnant and still working full patrol duties and responding to calls. My options were work or not work according to them even though when I was pregnant 2.5 years ago there was a light duty assignment available to me at 28 weeks. Thats a whole other story though, with an EEOC claim pending.

Any additional help is appreciated.

 

[HighwayMan]

You should not be working patrol in your physical condition. What about FMLA? Does your department have any policy on something like this?

One thing I would start doing is looking for a job with another agency.

 

[CdwJava]

The problem with pregnancy is that unless the employee requests the leave or light duty assignment, the agency could face potential legal action if they remove an officer from patrol functions without cause ... unless she agrees.

Policegal, have you asked for light duty or leave? Certainly your agency must have a policy to address this.

 

[policegal12]

You should not be working patrol in your physical condition. What about FMLA? Does your department have any policy on something like this?

One thing I would start doing is looking for a job with another agency.

I have already started the search for another job. I am kind of at an impasse right now because I can't do the physical agility tests for the departments in my state due to the pregnancy.

I requested a light duty assignment at 24 weeks but was told that none was available. I was offered an assignment with less pay and less hours. The stipulation was that I would have to use my FMLA for anything short of 40 hours per week if I took the position. My FMLA would have been used up before I even had the baby.

We do not have a policy on pregnant officers. I am the first female officer. I had my daughter 2 years ago and requested light duty at 28 weeks. I was given a desk duty assignment at that time. This time they said nothing is available.

I am trying to cover my bases with my chief and his unethical behavior because I think they are trying to screw me over a little because I have file and EEOC claim against them. Not sure if it will end up in my favor but I think they are upset that I filed the claim.

 

[policegal12]

The problem with pregnancy is that unless the employee requests the leave or light duty assignment, the agency could face potential legal action if they remove an officer from patrol functions without cause ... unless she agrees.

Policegal, have you asked for light duty or leave? Certainly your agency must have a policy to address this.

I requested a light duty assignment at 24 weeks but was told that none was available. I was offered an assignment with less pay and less hours. The stipulation was that I would have to use my FMLA for anything short of 40 hours per week if I took the position. My FMLA would have been used up before I even had the baby.

We do not have a policy on pregnant officers. I am the first female officer. I had my daughter 2 years ago and requested light duty at 28 weeks. I was given a desk duty assignment at that time. This time they said nothing is available.

I can't do much about working because its work or not work and as you know we don't make the kind of money that would allow for us to take off a great amount of time. I also can't complain about my situation to them or ask for a light duty assignment again because I fear that they would take this as I can't do my job and force me into FMLA early. Just today I did a PPC course and a combat training course because I needed to get my required firearms training out of the way before leave. Trust me, it was difficult to get through both courses but if I would have objected I fear they would have tried to force me onto an unpaid leave sooner than I can afford.