Baldwin ? A Baldwin Police officer, suspended recently because it was discovered he once was convicted of a felony, may seek court action against the city for harassment, his attorney said.

On June 10, Cpl. William Dempsey was given a “notice of disciplinary action” and suspended with pay, said Baldwin City Atty. Matt Hoy.

Because the issue involves a personnel matter and Dempsey has 21 days to file a grievance and appeal the city’s action, Hoy and other Baldwin officials are saying little else about the suspension. At the end of the three-week period, Dempsey could be fired.

Dempsey’s attorney, Dennis Hawver of Ozawkie, said the suspension stemmed from an FBI background check requested by Police Chief Mike McKenna. The check showed that in 1964 in San Diego County, Calif., Dempsey, then 19, was convicted of felony auto theft. He was placed on probation for three years. In 1973 the felony was expunged from his record.

‘Just devastated’

Dempsey said he had no idea the conviction would ever resurface on background checks. At the time his record was expunged he said he was told by his attorney that he no longer had to put down on forms that he had been convicted of a felony.

He noted that he had held several jobs, such as state probation officer, reserve Shawnee County officer, and correctional counselor in Hutchinson, among others. All of the jobs required background checks.

“I’m just devastated,” Dempsey said. “This wasn’t supposed to happen. I wouldn’t have spent this amount of time and money on my career if I wasn’t supposed to.”

“Kansas statutes prohibit a convicted felon from serving as a law enforcement officer,” Hoy said. “As such, the city simply has no other choice than to abide by the law with regard to this matter.”

¢ Baldwin police chief anticipates challenges (1-5-03)

The fact the record was expunged doesn’t matter, Hoy said.

But Hawver said that statute wasn’t in effect when Dempsey was hired in 1990. He also said Dempsey told then-Police Chief Steve Butell about the conviction.

“It was fully disclosed at the time he was hired,” Hawver said.

Butell recently sent Hawver a letter about Dempsey’s hiring.

“William was candid and honest with me regarding his past,” wrote Butell, now the police chief in Wellsville.

Dempsey was first hired in 1990 as a part-time officer in Baldwin. He left after 1992 and was rehired in 1996. Dempsey said it was in 1990 that he told Butell about the trouble in California.

“I just screwed up,” Dempsey said of the auto theft. “We were drunk and I was with another guy. We took it out of a car lot.”

McKenna recently had background checks conducted on all his officers. Kansas law requires annual checks on police officers. According to Hawver, McKenna initially had the KBI conduct the checks and only in Dempsey’s case was an additional check by the FBI requested. The KBI check didn’t reveal Dempsey’s felony, Hawver said.

McKenna couldn’t be reached for comment Wednesday.

Puppet on a string

Dempsey was one of four Baldwin Police officers who last year filed a federal lawsuit against the city for alleged civil rights violations. The officers claimed the violations occurred during a city investigation nearly two years ago stemming from complaints Dempsey and others had about an officer’s conduct.

The lawsuit is in the discovery phase and could go to trial next spring, Hawver said.

The complaints and subsequent lawsuit have led to continued retribution and harassment against Dempsey, Hawver said. Dempsey was removed from conducting investigations and placed on the night shift, Hawver said. Hawver blamed Mayor Ken Hayes, saying Hayes wants Dempsey off the force.

“This is all the mayor’s doings,” Hawver said. “The police chief is just his puppet.”

Appeal not imminent

If Dempsey appeals the city’s action, Hayes will conduct the hearing. Normally the city administrator would handle the hearing, but Baldwin currently is in the process of hiring one to replace Larry Paine, who left the post several months ago. Hayes is now acting in the administrator’s capacity.

Thus, Dempsey may not appeal, Hawver said.

“He’s so tired of the obviously abusive treatment,” Hawver said. “He’s seriously considering just leaving.”

The pending lawsuit against the city, however, will be modified to reflect the latest city actions against Dempsey, Hawver said.

Hayes declined to comment specifically about Hawver’s allegations, but he defended the suspension.

“State law is extremely clear,” he said. “As a city we had no choice but to take action in the matter.”