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News (Media Awareness Project) - US MS: Police Officer Wants His Old Job Back
Title:US MS: Police Officer Wants His Old Job Back
Published On:2004-03-24
Source:Clarksdale Press Register (MS)
Fetched On:2008-01-18 14:02:18
POLICE OFFICER WANTS HIS OLD JOB BACK

A Clarksdale police officer acquitted of drug possession charges in
February is fighting the city's decision to reinstate him in a non
law-enforcement capacity pending the outcome of a state hearing. Daryl
Clark said he wants to return to his normal position and deserves to
receive back pay for the 71/2 months he was suspended while awaiting
trial in Coahoma County Circuit Court.

Earning $1,946 per month, Clark would stand to receive $14,600 in back
pay if the city granted it. But City Attorney Curtis Boschert said he
didn't know if the city would grant that.

"We haven't had to address that situation before under these kinds of
circumstances," Boschert said, explaining that the city had no
established protocol for issuing back pay.

Clark and his attorney, Azki Shah, were slated to appear before the
Board of Mayor and Commissioners Monday to discuss Clark's situation,
but the pair arrived after the half-hour meeting had adjourned. They
are expected to attend the next board meeting April 12.

Clark said the city is prolonging his suffering by making him submit
to a review from the Mississippi Board on Law Enforcement Officer
Standards and Training. Until that hearing, scheduled for May, Clark
can work for the city - just not as a police officer.

"When they told me I had to be on non-law-enforcement duties, that
really hurt my feelings, because I was acquitted of the charge," Clark
said. "I don't understand why Standards and Training is putting on a
hearing now while the whole time my case was under investigation and
in court, Standards and Training was never mentioned at all."
Standards and Training Director Robert Davis said last month that the
board customarily reviews the certification of terminated or suspended
officers when they are reinstated to the police force. Clark was
suspended in July after the incident occurred.

The board will review evidence related to a July 18 incident during
which a surveillance tape inside the Police Department showed a bag of
white powder allegedly fall from Clark's hand to a hallway floor.
Based on that evidence and other evidence relating to the
investigation, the board can retain or revoke Clark's certification as
a police officer. Clark said the video only showed a white speck that
was impossible to identify as cocaine. He also said that the tape,
which was missing five hours of footage, never showed the speck
falling from his hand or his pocket. "I didn't have any drugs in my
possession. By looking at the video you can't look at the white speck
and say, 'That's cocaine,' " Clark said, adding that the CD-ROM video
may have been altered by computer as part of a conspiracy to oust him
from the force.

Reinstated Feb. 26, Clark took three weeks of personal and medical
leave. He was to report for duty Monday but failed to do so. Clark
said he would return to work today.

"I'm 26 years old, and this was something I've always dreamed of doing
since I was 15 years old. That dream came true, and I love my job,"
Clark said. "I couldn't believe they would stick me with something
like this. I just look forward to coming back."
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