CITY: KEEP COP OFF FORCE

The city is suing to keep from being forced to rehire a police officer who
admitted he planted drugs on a suspect.

In its suit, the city says an arbitrator overstepped his authority when he
ruled that Officer John Sess must be allowed to return to work.

''The arbitrator's decision, if it is not vacated, will violate clear and
established public policy and will diminish the image and trust of the
Cincinnati Police Department in the eyes of the public,'' it notes.

The suit was filed Friday in Hamilton County Common Pleas Court against the
Fraternal Order of Police, Queen City Lodge No. 69.

It names the FOP, the city says, because arbitrator Harry Berns' ruling
violated the labor agreement the city has with the FOP to allow officers to
be fired for ''just cause.''

The suit accuses Berns of not having authority in his July 26 ruling to
return Sess to work with back pay, benefits and seniority.

If Berns' ruling is upheld, it ''will violate public policy by reinstating
a police officer whose conduct is tantamount to committing constitutional
violation and violations of Ohio law, including conduct felonious in nature.''

Sess admitted in 1997 that he smoked marijuana and planted a bag of pot on
a man in 1984 who was later convicted.

Attorney Stephen Lazarun, representing the FOP, said he was disappointed in
the suit, saying the union contract calls for ''final and binding'' arbitration.