Officer accused of using ethnic slur

An investigation by Pinellas Park's personnel office leads to the disciplining of a sergeant with 15 years on the police force.

By ANNE LINDBERG

© St. Petersburg Times, published July 19, 2000

PINELLAS PARK -- Accused of making a slur against Vietnamese people, a police sergeant has been suspended without pay for three days.

Sgt. Michael Darroch, 39, has worked for the Pinellas Park Police Department since July 1985. He earns about $49,100 a year. City Manager Jerry Mudd confirmed Tuesday that he had been suspended without pay by acting Chief Bob Hempel.

Darroch asserted that city investigators deprived him of his rights when they recommended the suspension. Hempel was concerned enough about the claim that he suggested postponing the discipline until it was clear the sergeant's rights were not violated and until the police chief returns from a vacation abroad.

"I am recommending that we delay the issuance of any discipline until these concerns are addressed and we know there were no violations of Sgt. Darroch's rights," Hempel wrote Monday in a memo to the city manager.

"I think it would be prudent to delay any action towards Sgt. Darroch until Chief (David) Milchan returns and has an opportunity to review all of the facts involved in this case," Hempel wrote.

The dispute over Darroch's rights began Friday after Pinellas Park officials released the results of an investigation into allegations that male police officers had sexually harassed a female officer.

The investigation by Jane Clark of the city's personnel department found that the female officer had not been sexually harassed. But Clark determined there were communication problems and disrespect in the department and recommended an outside consultant be hired to conduct a survey and help resolve problems in the department.

Clark also found that Darroch had used a derogatory ethnic term when asking an officer who was a veteran of the Vietnam War how many people he had killed while serving there.

Darroch told Clark he did not recall using the word although he had talked with the officer about the man's experiences in Vietnam, according to city records.

Clark did not believe Darroch and recommended that he receive a written reprimand for using the slur.

Mudd met with Hempel on Friday and apparently ordered him to discipline Darroch by suspending the sergeant without pay, according to city records and Bill LauBach, executive director of the police union.

Mudd declined to talk about what discipline was discussed, but he conceded he met with Hempel to discuss the matter.

"I think I would characterize it as pointing out to Capt. Hempel that disciplined was recommended . . . and it would be appropriate for him to administer that in a timely fashion," Mudd said Tuesday.

Mudd declined to say Tuesday whether the three-day suspension without pay satisfied him.

"It's Capt. Hempel's call," Mudd said.

Darroch wrote to Mudd on Monday, saying, "I was informed that Capt. Hempel was going to suspend me. . . . The purpose of this memorandum is to inform you that I believe the city of Pinellas Park did not conduct the investigation . . . in compliance with Florida State Statutes."

Darroch was referring to the Police Officers Bill of Rights, which says that when officers are the subject of an investigation that could result in discipline, they are entitled to an attorney, and statements should be sworn to and tape-recorded. Officers are also allowed to see a copy of those statements.

City labor attorneys disagreed. On Tuesday, they issued an opinion that the Police Officers Bill of Rights applies only to investigations or inquiries conducted by the law enforcement agency of which the officer is employed. This investigation was conducted by the city's Human Resources department rather than the Police Department.

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