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Sarpy County Attorney Lee Polikov said Wednesday that he might have probable cause to bring misdemeanor charges of official misconduct against two Papillion firefighters punished in a cheating scandal. But that doesn't mean he will.
Pursuing criminal convictions against demoted Deputy Fire Chief Jeff “Boomer” Strawn and demoted Fire Capt. Matt Sullivan seems pointless, Polikov said, noting the public punishment delivered by their employer, the City of Papillion.
Polikov said that had the city tried to whitewash the internal affairs investigation or kept it secret as a personnel matter, he would have launched his own probe into whether to file criminal charges against the men.
“But the city made everything public on their own,” Polikov said. “I appreciate that they did that. I think I know enough of what happened, and what the consequences were here, so I will make the decision not to pursue this criminally.
“Accountability is a big word. The city determined a fair punishment, and these people are now open to public scrutiny.”
The city said Strawn and Sullivan helped four finalists for paid positions with the Fire Department cheat on a qualifying test, tainting the hiring process and costing taxpayers $25,000 to administer the test again.
A disciplinary letter mailed Monday to Strawn on a city letterhead said, “You violated civil service rules, city policies and criminal law.” The letter to Sullivan did not go so far as to accuse him of criminal wrongdoing.
Polikov said Wednesday that he had no plans to force Papillion to hand over its internal affairs probe for prosecutorial review.
“Anything I would do would be duplication at this point,” Polikov said. “It would probably be an unnecessary use of the court's resources. There is no way anything that I could have pursued would have resulted in any jail time, based on the official misconduct statute.”
According to state law, a public servant commits official misconduct if that person knowingly violates any statute, law or regulation relating to the official's duties.
Official misconduct carries a possible $1,000 fine and up to six months in jail, Polikov said, although probation is the standard penalty.
Polikov's decision not to seek charges effectively closes the book on the cheating case. On Tuesday, a spokesman for Nebraska Attorney General Jon Bruning's office said Bruning had no plans or interest in conducting his own inquiry to determine whether charges against Sullivan or Strawn were warranted.
This week, Papillion City Administrator Dan Hoins demoted both men to the rank of entry-level firefighter but spared their jobs. Strawn has 19 years with the Papillion Fire Department. Sullivan has 11 years of experience.
The demotion drops Strawn's salary from $72,974 to $51,925. Sullivan's pay falls from $65,100 to $51,925.
“I am completely satisfied with the way Papillion handled the case,” Polikov said. “Whatever I had pursued, the predictable outcome would be no more severe punishment than what the city decided.
“It seems there was already sufficient accountability, openness and the acceptance of responsibility.”
The city said the two men were motivated by a desire to help friends get jobs in the department. There was no evidence that money was involved.
Both Strawn and Sullivan waived their right to appeal the matter to Papillion's civil service commission, the city said, making Monday's punishment decision final.
Contact the writer:
444-1056, john.ferak@owh.com
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