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By Phil Trexler
Beacon Journal staff writer
POSTED: 08:16 p.m. EDT, Sep 18, 2009
Peninsula's police chief has been cleared of criminal acts — from investigating a porn star to not writing enough traffic tickets — alleged by the village's mayor and two officers.
An investigation by Summit County sheriff's detectives and reviewed by prosecutors has exonerated Chief Kevin McCue of any wrongdoing.
A synopsis of the investigation, released Friday by the sheriff's department, shows Mayor Dick Fisher as the primary complainant against McCue.
An officer and a sergeant, who was elevated by the mayor to acting chief when McCue was placed on paid leave, also raised allegations of criminal acts.
McCue said Friday that he has not yet been contacted by the mayor. He said he is willing to return to duty despite the false allegations raised by his boss and fellow officers.
''I have no animosity toward anyone,'' the chief said. ''I'm just ready and eager to get back to work.''
The allegations — all unfounded — included claims that McCue:
--Operated his private ATM business on village time.
--Improperly used his computer to investigate a resident who is an adult porn star.
--Mishandled police evidence.
--Applied for a police job in Florida while on medical leave.
--Kept unclaimed raffle prizes in his office.
--Visited his home out of the village while on duty.
''We were confident all along that the chief has done nothing wrong,'' said McCue's attorney, Joseph Gorman. ''And after the sheriff's investigation and the review by the prosecutors, it begs the question: Why would the mayor do this?''
Fisher did not return repeated calls Friday to his cell phone. Leland Cole, the village's attorney, would not comment.
When McCue's paid leave was announced last month, Gorman criticized the move as the result of punitive small-town politics orchestrated by Fisher, who took office in 2008.
McCue, 52, has been chief since 2002 after serving 13 years with the Boston Heights police force. He makes about $44,600 a year supervising a staff of four full-time officers and about 10 part-time officers covering the village and Boston Township.
Shortly after Fisher took office, the mayor ordered the door to the chief's office removed. Fisher told sheriff's investigators he did that after hearing rumors that McCue was running his Summit Business Machine company from his office.
''[Fisher] also stated that he felt the chief does not need a door on his office,'' sheriff's Lt. Richard Paolucci noted in his report.
Investigators found no evidence that McCue violated theft-in-office statutes while operating his private business. Those allegations were raised by Officer Ed Westfall and Sgt. Daniel Renz, the department's acting chief, according to the report.
An analysis of McCue's village computer found he only briefly looked at an adult Web site while investigating the female porn star who lives in Peninsula, the report shows.
The investigation also showed that McCue and an employee tried to contact raffle prize winners from 2006, but they did not claim their prizes. The gifts remain in the chief's office.
Investigators also found no evidence that the chief failed to properly handle a bad check investigation, or that he acted negligently by writing fewer traffic citations compared with other officers.
Gorman said the investigation and McCue's paid leave were a waste of Peninsula tax dollars and a waste of time for sheriff's investigators. He said the chief is willing to return to work when, or if, the mayor lifts the paid leave order.
''All the mayor has done since taking office is complain about shortages of funds and resources,'' Gorman said. ''Yet he makes these ridiculous allegations, puts the police chief of a very small police department on paid leave and for what reason?
''Where does that leave the citizens of this community? They're the one's that should be upset now.''
Phil Trexler can be reached at 330-996-3717 or ptrexler@thebeaconjournal.com.
Peninsula's police chief has been cleared of criminal acts — from investigating a porn star to not writing enough traffic tickets — alleged by the village's mayor and two officers.
An investigation by Summit County sheriff's detectives and reviewed by prosecutors has exonerated Chief Kevin McCue of any wrongdoing.
A synopsis of the investigation, released Friday by the sheriff's department, shows Mayor Dick Fisher as the primary complainant against McCue.
An officer and a sergeant, who was elevated by the mayor to acting chief when McCue was placed on paid leave, also raised allegations of criminal acts.
McCue said Friday that he has not yet been contacted by the mayor. He said he is willing to return to duty despite the false allegations raised by his boss and fellow officers.
''I have no animosity toward anyone,'' the chief said. ''I'm just ready and eager to get back to work.''
The allegations — all unfounded — included claims that McCue:
--Operated his private ATM business on village time.
--Improperly used his computer to investigate a resident who is an adult porn star.
--Mishandled police evidence.
--Applied for a police job in Florida while on medical leave.
--Kept unclaimed raffle prizes in his office.
--Visited his home out of the village while on duty.
''We were confident all along that the chief has done nothing wrong,'' said McCue's attorney, Joseph Gorman. ''And after the sheriff's investigation and the review by the prosecutors, it begs the question: Why would the mayor do this?''
Fisher did not return repeated calls Friday to his cell phone. Leland Cole, the village's attorney, would not comment.
When McCue's paid leave was announced last month, Gorman criticized the move as the result of punitive small-town politics orchestrated by Fisher, who took office in 2008.
McCue, 52, has been chief since 2002 after serving 13 years with the Boston Heights police force. He makes about $44,600 a year supervising a staff of four full-time officers and about 10 part-time officers covering the village and Boston Township.
Shortly after Fisher took office, the mayor ordered the door to the chief's office removed. Fisher told sheriff's investigators he did that after hearing rumors that McCue was running his Summit Business Machine company from his office.
''[Fisher] also stated that he felt the chief does not need a door on his office,'' sheriff's Lt. Richard Paolucci noted in his report.
Investigators found no evidence that McCue violated theft-in-office statutes while operating his private business. Those allegations were raised by Officer Ed Westfall and Sgt. Daniel Renz, the department's acting chief, according to the report.
An analysis of McCue's village computer found he only briefly looked at an adult Web site while investigating the female porn star who lives in Peninsula, the report shows.
The investigation also showed that McCue and an employee tried to contact raffle prize winners from 2006, but they did not claim their prizes. The gifts remain in the chief's office.
Investigators also found no evidence that the chief failed to properly handle a bad check investigation, or that he acted negligently by writing fewer traffic citations compared with other officers.
Gorman said the investigation and McCue's paid leave were a waste of Peninsula tax dollars and a waste of time for sheriff's investigators. He said the chief is willing to return to work when, or if, the mayor lifts the paid leave order.
''All the mayor has done since taking office is complain about shortages of funds and resources,'' Gorman said. ''Yet he makes these ridiculous allegations, puts the police chief of a very small police department on paid leave and for what reason?
''Where does that leave the citizens of this community? They're the one's that should be upset now.''
Phil Trexler can be reached at 330-996-3717 or ptrexler@thebeaconjournal.com.
Comments
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anytown, oh
Posted 10:37 PM, 09/18/2009
the residents need to DEMAND a recall. this is a travesty. i call on summit county sheriff to investigate officer max eddie westfall for theft in office for spending HOURS at the winking lizard, pilot and boston mills ski resort sexually harassing young women. as a resident i have watched this joke of a police officer walk into the winking lizard kitchen and help himself time after time. the residents need to come to the council meetings and start becoming involved!
Akron, Oh
Posted 09:24 AM, 09/19/2009
Thats the problem with an investigation... you don't always get the desired result, do you mayor?
The days of the "good ole' boy" system are over even in small towns & the days of dictators like Fisher & his vultures Westfall & Renz are numbered! If the residents get a true picture of what Fisher & his henchmen, they'll demand the removal of all three!
Peninsula, OH
Posted 10:46 AM, 09/19/2009
This turned out to be too small even for small towns. Did Peninsula's solicitor actually advise the mayor to go forward with this? I doubt it. How much did the cost the citizens? An extra police officer was hired. The chief was suspended and paid. The village doesn't have the money for a janitor, but seems to have enough money for the mayor to spend on his pet peeve, the Chief of Police. The mayor's best shot seems to be a pretty expensive joke on the citizens.
peninsula, oh
Posted 07:51 AM, 09/20/2009
ya know, you can't do that. ya know. i wanted chief mccue fired. i might have to take a bath now. ya know. wash my hair and mustsache. ya know. polish my boots, ya know.
tick tock max eddy. who you going to run to now?
Boston Hts, Oh
Posted 08:57 AM, 09/20/2009
Hail to the Chief!...Now lets look into the accusers!!!
Hudson, OH
Posted 09:54 PM, 09/20/2009
I think the people of this village need to really look at what the chief does. Maybe if you ever had to file a police report that the and the chief falsified it to cover his officer you'd understand. I guess as long as he didn't have a lose it really doesn't matter about he people in the community he's suppose to be protecting.
Let's look past the fact that the mayor and the chief don't see eye to eye. Let's look at having people do they job they get paid to do - not waste our village tax dollars and pay someone that doesn't bring anything back to the community.
anytown, oh
Posted 06:44 AM, 09/21/2009
superstar, if you have an allegation the LT who conducted the investation has his name right in this article. pass on the info. if not, zip it. so you know where the chief lives? have a camcorder? this is 2009, if you want to document something its as easy as 1,2,3. looks to me like the SCSO did a thourough investigation that turned up nothing more than allegations as you present here.
Hudson, OH
Posted 09:40 PM, 09/21/2009
I did contact the Lt of SCSO today. Might as well add a little more so the village council has some more facts as they make a decision. I believe just because there wasn't any criminal charges filed doesn't mean that there wasn't any malfeasants or nonfeasants that could make him proven to be incompetent to hold the position he has.
Cleveland, Oh
Posted 09:24 AM, 09/22/2009
Superstar hmmmm your concered about paper work...but dont seemed to care about max eddy westfall cooking his own meals at boston mills or walking his smelly rear end into the winking lizard kitchen and then harras young girls. Those are FACTS. Why dont you tell the SCSO LT about that. Those full time officers wouldn't make it a day at a real department and thats a FACT. Superstar do you know what the definition of battery is? Its the intentional touching of someone against there will. Mustache cop has commited that offense many times on young waitress investigate that on duty in uniform...
Cleveland, Oh
Posted 09:37 AM, 09/22/2009
Investigate Barney Fife laughing stock of cops, the 400lb 29 year vet , and the deer catcher see what the turns up, maybe since the deer hunter is on days now he doesnt sleep all night in the fire station ....I think its only fair SCSO start an investigation into them......Barney get hook on phoncis it will help with your speech Impediment Fife its "Hudson" not Hussen and Peninsula not Pensila it has done wonders for pre schoolers up to 2nd graders which is about your competence level.
peninsula, oh
Posted 06:22 AM, 09/23/2009
victorman, you can't do that. they said you can't do that. per the mayor and council you can't do that. YA KNOW, AH-K!
per (insert bs name here) they said you can't do that. <- every argument by max ends with this statment.
