MIDDLETOWN, Ohio — An attorney representing Middletown Police Chief David Birk, who was placed on administrative leave on Dec. 20 and escorted out of the building, said action against the longtime police officer is not warranted.
“I don’t believe this action was justified,” attorney Stephen Imm told WCPO's partners at Journal-News. “I don’t believe that the chief has done anything to merit any disciplinary action.”
One major question remains: Why was Birk placed on leave? His attorney told WCPO he could not say.
“What I can tell you, is that there's absolutely no allegation of any sexual impropriety. There's no allegation whatsoever of any criminal wrongdoing. There's no allegation of any theft in office or falsification of records anything of that nature,” Imm said.
The letter to Birk from Middletown City Manager Paul Lolli states “Please note this administrative leave is not disciplinary action or adverse employment action.”
Birk, who started with the Middletown Police Department in 1997, has been a “dedicated and loyal public servant of over a quarter of a century,” Imm said.
“A lot of people will assume wrongly in this instance that where there's smoke, there's fire and there's gotta be something really bad that this gentleman must have done,” Imm said. “He hasn't done anything really bad. I don't think he's done anything bad at all.”
WCPO asked Imm if he would consider the situation a misunderstanding.
“I wouldn't characterize it as a misunderstanding. I don't think that's the word that I would use,” Imm said. “I think that there's a misinterpretation of certain events that happened within the city.”
Many Middletown city council members did not want to comment on the investigation. However, councilman Steve West provided a statement regarding the public’s safety during Birk’s absence
“I have the utmost faith in the interim chief and the rest of our police department to provide a safe environment for residents to live, work and play,” West said.
Deputy Chief Maj. Eric Crank is the acting police chief.
West said the city operating without a police chief is not “a big negative” and the city manager and his senior staff have the ability to operate the city. He said council members are prepared to give the city any support it needs.
WCPO has filed a public records request for a copy of Birk’s personnel file. It has not been received at this time.
The Journal-News requested information on Dec. 21 about the situation and received a letter telling Birk the rules of his leave:
Chief David Birk placed on ... by WCPO 9 News
The letter signed by Lolli and marked “Via hand delivery only” notified Birk he was being placed on administrative leave with pay.
Birk was immediately suspended from any and all work duties, according to the letter. He was instructed to relinquish city keys and fobs, his service weapon and police officer badge, passwords and codes. He was also instructed not to communicate with other city employees during normal work hours, remain at home and provide (the city) with a phone number where he can be reached immediately during work hours.
Last month, Nicole Condrey, then-mayor of Middletown, said she didn’t have “enough information” to comment on Birk’s suspension, but she wanted to address his character. She called Birk “one of the most kind, thoughtful humans” she has met.
“His dedication to public service is exemplary,” Condrey said.
On Dec. 19, the day before Birk was notified of the suspension, he attended the City Council meeting and the reception that followed in honor of the three outgoing council members, Condrey, Monica Thomas and Tal Moon.
WCPO asked Birk’s attorney when the Middletown community should expect to learn more about what happened.
“I think it's likely that the city will hear something pretty soon and the citizens of Middletown will find out more about what's going on with their police chief. I certainly hope so,” Imm said. “I don't think it's fair what the chief has been put through right now, and we want to see this put to rest.”
The Journal-News is a media partner of WCPO.com.
Watch Live:
