City of Cleveland Fark con Mayor Depamar of Pb satey ‘enlond Oo a4 16 1 se Somerdand chap December 23, 2020 trol Officer John Petkac #1621, Cfo internal Atfars Unit. 1300 Ontario Avenue Cleveland, Ohio 44133, Re: CPD2019-0079, cP02018-0067, UOFZ019-0585, 07520190175 Patrol Officer Petkac #1821: This letter isto advise you, Patrol Officer John Petkac #3821, ofthe result of the administrative pre isciplinary hearing that you attended on October 15,2020, in the office ofthe Director of Public Safty The hearing was held to address the results ofan internal and an external investigation wherein you were alleged to have engaged in improper procedures and/or misconduct. You were charged with 2 series of rule violations, which follows STATEMENT OF PoLICy In part: ‘The Manual of Rules sets forth the conduct and behavior tobe followed by oficers and employees. Any Violation ofthese rules shal be @ basis for disciplinary action. Disciplinary action includes, but ks not limited to, verbal and written reprimands and the preferring of dhsional charges which can resut in suspension, loss of pay, demotion ar termination, The rules and standards contained in tis mena shall apply whether the officer or employee ison ar off duty. Where a canflt exists between a Rule ‘anda General Police Order, the Rule provision shall be adhered to, ALLEGED SPECIFICATIONS Speciation #1: (CPD2013-0073) On September 4, 2038, you, Patrol Office John Petkac #1821, flled to employ proper tactics, and faled to wat for back-up, and othe extent you believed thatthe subject may be armed, continued to escalate the matter placing bath yourself and others in danger all In violation of General Police Order 2.01.02, De-Ecalation (Group |vilation). Specification #2: (CPD2019-0079) On September 4, 2018, you, Patrol Officer John Petkac 42823, repeatedly used excessive, unnecessary and objectively unreasonable level 3 uses of force ona subject to include, twice stepping on the throat/neck ofthe subject, and/or grabbing the throat/neck of the subject, and/or slamming the handcuffed subject into the trunk ofa zone ear. The slamming of the Subject into the trunk was also retaliatory, all in violation of General Police Order 2.03.3 Use of Force (Group i violation), ‘antl Oppo EmployesPatrol officer John Petkac #1821 December 21, 2020 Page 20f 4 ‘Specification #3: (CPD2019-0079) On September 4, 2018, you, Patrol Officer John Petkac #1821, were inaccurate, untruthful and omitted materia facts in both your written and verbal eports to your superior officers regarding your arrest and use of fore an London Wilson, ll in violation of Manual of Rules 3.12. (Group Il volaton) Specification #4: (CP2019-0067) On July 24, 2019, you, Patrol Officer Jahn Petkac #1824, failed to employ proper de-esclaton tactics and techniques wien dealing with a subject, all in violation of General Police Order 2.01.02, De-Escalation (Group | violin). Specification #5: (CPO2019-0067) On July 24,2019, you, Patrol Office John Petkac #2821, used force that was determined unnecessary, not proportional and/or objectively unreasonable, You falled to announce your intent to detain andfor arrest a subject before using farce and fale ta issue a verbal ‘warning to submit to your authority prior to using force alin violation of General Police Order 2.01.03, Use of Force (Group il velation}. Specification W6: (CPD2019-0067) On July 24, 2018, you, Patrol fier John Petkac #1821, flied to properly deploy your conducted electrical weapon (CEW) as eutlined inthe General Police Order and training all in violation of General Police Order 2.01.04 Use of Force - Intermediate Weapons (Group Volto). Specification #7: (CPD2019-0067) On July 24, 2019, you, Patrol Offi properly and eccurstely report a use of force via sje, in vain Use of Force-Reporting (Group | violation. John Petkac #2821, faled to General Poive Order 2.01.05, Specification #8: (UOF2019-0585) On October 5, 2019, you, Patrol Oficer John Petkac #2823 deployed your conducted electrical weapon (CEW) against a male, who at the time was passively resisting oicers' commands, in violation of Manual of Rules 2.02, 203, 2.0, 4.05, General Police Order 2.01.03, Use of Force-De-escalation and General Police Order 2.01.04 Use of Foree- Intermediate Weapons (Group i violation, Specification #9: (0P52019-0175) The Civilian Police Review Board (CPRA) is recommending to the Chief of Police that the complainant's allegation of Unprofessional Conduct be sustained against you, Patrol Officer John Petkae #1821, in that you violated Manual of Rules section 5.03, 5.08 and 5.09 wien you waived your hand infront of the complainants fae to indicate that a descrbed action was nota crime (Group Ivoltion) These specications are in violation ofthe rules and procedures ofthe Division of Police, Department of Publie Safety.Patrol officer John Petkae #1621, December 24, 2020 Page 3 of 4 E-DISCIPINARY HEARING SUMMARY Present at the October 15, 2020, pre-dscilinary conference, were you, President Jeffrey Follmer and Attorney Henry Hilow of the Cleveland Police Patrolman's Associaton, Sergeant Mitchell Sheehan, LUeutenant Charles Neldbalson, and Superintendent Ronalé Bakeman of the Internal Affairs Unit, Attorney Michael Pie of the Law Department, Lieutenant Charles DePenti ofthe Case Preparation Unit, Captain Thomas Mandzak ofthe Third District, Commander rian Carey of the Bureau of Compliance, Investigator Julie Delaney of the Office of Professional Standards, Coordinator of Operations Jakimal Dye and Assistant Director Timothy Hennessy ofthe Department of Publi Safety, who presided During the administrative heating, you acknowledged receipt of the charging letter; you and your Fepresentatives walved the reading of your charge letter and were then afforded the opportunity to be heard, You entered a plea of "Not Guilty” to specications #1, #2, #3, #4 #5, 86, #7, #8 and 89 ofthe administrative charges a5 Set forth in the charging eter. DECISION Upon carefully reviewing the evidence presented by the Division, the memorialized record as well at the arguments of you and your representatives | find that yout 1, Failed to employ proper tacies (September 4, 2038); 2. Used excessive, unnecessary and objectively unreasonable force (September 4 2018); 3. Were untruthful in your reports (September 4, 2018); 4 Fall to employ de-esclation tactics (uly 28, 2018); 5. Failed to issue a verbal warning to submit to your authority prior to using force (July 24, 2013), 6. Filed to utilze an intermediate wespon (ly 2, 2019) /. Fale to accurately report the ‘se of foree (uly 24, 2019); and 8, Deployed your conducted electrical weapon (CEW) agaist a male, ‘who atthe time was pasiely resisting (October 5, 2019). The review also found that: 9. While your act. ‘of waiving your hand infront ofthe complainant’ face to indicate that a described action was nat 2 crime,” would be dscourteous and rude, however a thorough investigation was not completed by the Office of Professional Standards, as you were not interviewed by the Office of Professional Standards ‘regarding this allegation of Unprofessional Conduct (September 26, 2019) ‘As suc find you “Guilty” of the administrative charges in speciiations #1, #2, #3, #4, #5, #6, #7 and #8 and "Not Guilty” to specification #9, and I find there is just cauze to impose dlscpline. You are hereby terminated from employment with the City of Cleveland, Department of Public Safety, Division of Police, effective Monday, December 23, 2020 (Multiple Group Il violations occuring fom the same incident). This dicpline is within the Group il vielation range ofthe dscipine matric where Bggravating factors outweigh mitigating factors (Ageravating Factors: repeatedly used excessive, lunnecessary and objectively unreasonable level 3 uses of force; retaliatory fore; untruthful in verbal {and written reports = which invokes Brody-cigio concerns and caries a presumption of termination; and diminishing the esteem of the Division ~ Mitigating Factors: no active discipline), Sincerely, Karrie D. Howard, Director Department of Public SafetyPatrol Officer John Petkae #1821 December 21, 2020 Page 404 Jee nl ev Cl Ect ee ‘ro cule Sopa ht Aine Opeos scl pa, py Cot Homebase ‘iy mma efter ‘ir let Sepa Oa re Pn Unt Eee spat tern Cp Tshepig en es Sc tm Sr, ge an ‘tee an ote ne ee ‘nde ta amet apres ey Mito peng Serta tse Cin