Civil Service Commission stands by decision not to lay off cops

City officials said the commission's action on Thursday sets the stage for a court battle to force the firings of officers Lynn Drake and Mark Markiewicz.

"We're going to court," said Rick Gonzales, the city's labor relations manager. "We will proceed with the layoffs."

Police union president Ron Dreher said any move against the officers would be fought.

"The city has no authority to lay them off," Dreher said. "They would be violating their own policies, which say the civil service commission has the sole authority to do a layoff.

"The city can't just ignore it's own rules."

Drake and Markiewicz have been on restricted duty for more than two years, when passage of an amendment to the federal Brady Bill made it illegal for anyone convicted of domestic violence charges to carry a firearm.

Four years ago, Drake admitted to disturbing the peace after his ex-wife filed a claim that his discipline of their daughter was abusive. Markiewicz, found guilty in the battery of his ex-wife, contended he used a special tactic to get a knife away from her when she threatened suicide.

Police Chief Jerry Hoover has said the two men are good officers but need to be replaced with officers who are legally able to carry guns.

Commission Chairman Bill Moon cast the tie-breaking vote on Thursday to keep the officers employed.

"Our position says we don't feel the city properly handled the situation," Moon said. "We couldn't in a clear conscious agree to lay them off."

City Attorney Patricia Lynch, who appealed for a rehearing after commissioners earlier rejected the layoffs, said commissioners overstepped their authority.

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