GARY OFFICER APPEALS AT HEARING TO KEEP JOB

GARY -- Chief Garnett Watson waited too long to file departmental
charges against a 19-year police veteran who failed a drug test, so
the action to fire him should be dropped, the officer's lawyer argued
Wednesday.

Hearing officer John Davis said he will make his decision Dec. 1, when
the case against Sgt. Ben Portis is scheduled to continue.

Watson is asking the Gary Police Civil Service Commission to fire
Portis, who tested positive for cocaine after he was involved in an
on-duty Jan. 30 crash in Glen Park.

At the time, Portis was assigned to patrol in Miller. Since returning
to work from sick leave, he has been working at the front desk.

Watson presented a verified complaint to the commission in late June.
Commission rules require action to be taken within 120 days of the
"discovery" of the alleged violation.

Attorney Macarthur Drake, representing the Merrillville resident,
argued that there are no exceptions permitting Watson to delay action
against his client.

An employe of The Methodist Hospitals testified Wednesday she notified
the city in early February that Portis had failed the drug test.

But attorney Darnail Lyles, representing the chief, argued the
employee could not state exactly when the city learned the test results.

"And notifying the city's human resource department doesn't mean the
chief was aware," Lyles responded.

Davis said he would consider the testimony and review the hospital
documents presented into evidence before deciding at the next hearing.

Portis will reach his 20-year anniversary on the department and
qualify for his full pension on Dec. 12.