Loren Casertano tried to read his ethics complaint against the police chief during the public portion of the Board of Ethics meeting.
Members of the board shot him down. They said complaints are submitted through the city clerk, then discussed in private by the Board of Ethics.
And that’s exactly what the board did Thursday evening.
The Ethics Board met for two hours in executive session with Casertano’s complaint in hand. The complaint alleges Chief Joel Hurliman mishandled an internal affairs investigation and lied about materials given to Casertano through a Freedom of Information request.
Click the video to see Casertano try to address the board.
Hurliman, in an interview Wednesday, called the complaint “baseless.” Hurliman was not present at the hearing Thursday.
Casertano Thursday declined to comment on the complaint.
Members of the Ethics Board did not take any public action on the complaint, which is labeled 2010-01.
When asked if the board made any votes during the executive session, a board member responded, “It was an executive session.”
An executive session is allowed under the Freedom of Information Act in several situations, including for discussions on personnel issues. All votes must be taken during public session.
Board of Ethics members declined to talk about the complaint.
Background
The story behind Casertano’s complaint is complicated.
Casertano was arrested by state police in 2008 over an incident with an iPod stolen from his teenage daughter by her friend.
State police charged Casertano with fifth-degree larceny for allegedly trying to extort money from his daughter’s friend as repayment for a stolen iPod. Police claim Casertano asked for more money than the iPod was worth.
However, Casertano’s wife, Kim Marie, says that two iPods were taken and the dollar amount was for the higher priced iPod.
Casertano was also later charged — with his wife — for allegedly conspiring to fabricate evidence in relation to the iPod case. Police said the Casertano’s had a jeweler create a fake receipt for an engraving done on the iPod.
Casertano has pleaded not guilty and denied any wrongdoing. The case is set to go to a trial. He has been on paid administrative leave since 2008.
In November 2009, Casertano filed a federal lawsuit against Chief Hurliman, saying his arrest was retribution for trying to expose corruption within the department.
The iPod-Ethics Connection
The ethics complaint, filed the last week of December 2010, alleges Chief Hurliman violated various sections of the city’s charter and the police department’s code of ethics.
One of those allegations is connected to the internal investigation into the iPod issue.
Casertano has issues with the way the iPod investigation was handled, saying the police report left out crucial information.
In his ethics complaint, he claims the police officer who wrote the report lied about the information, then later admitted it to the department’s police union president.
Casertano also makes claims in the ethics complaint that are separate from his court case. For example, he claims the chief altered a video tape Casertano requested under the Freedom of Information Act.
Kim Marie Casertano said the family is hoping the ethics board will “recognize the complaint and investigate.”
The Board of Ethics received two other complaints at its meeting Thursday evening. As part of normal procedure, the board does not discuss the complaints publicly, so it’s not clear who filed the complaints or who is named in them.
