Chesterton Tribune

 

 

CPD officer facing criminal charge put on administrative leave without pay

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By KEVIN NEVERS

The Chesterton Police officer arrested last week on a charge of pointing a firearm at another person has been placed on administrative leave without pay, pending the disposition of the criminal charge.

At a special meeting Wednesday evening, the Police Commission voted 3-0 to act on Police Chief Dave Cincoski’s recommendation: placing Cpl. Joseph Kantowski on administrative leave without pay but granting him all fringe benefits--vacation, comp, and personal time--which he had earned up to the point of his being arrested.

Kantowski--“as a matter of course,” as Town Attorney Chuck Lukmann put it--will continue to be covered under the town’s health insurance, as he remains a municipal employee.

In placing Kantowski on administrative leave, the commission was guided by Indiana Code 36-8-3-4(n), Lukmann noted: “If the member (of the police or fire department) is subject to criminal charges, the board may place the member on administrative leave until the disposition of the criminal charges in the trial court. Any other action by the board is stayed until the disposition of the criminal charges in the trial court. An administrative leave under this subsection may be with or without pay, as determined by the board. If the member is placed on leave without pay, the board, in its discretion, may award back pay if the member is exonerated in the criminal matter.”

Although, Lukmann said, the commission could opt to immediately pursue departmental charges against Kantowski, he specifically advised against doing so. “Sure, you could hold a disciplinary hearing,” he told members. “But the matter of the hearing would be the same as the matter of the criminal charge and Cpl. Kantowski’s attorney might tell him not to testify at a disciplinary hearing, as doing so could jeopardize him in the criminal case. And then the only evidence introduced at the disciplinary hearing would be against him.”

Lukmann called the commission’s vote on Wednesday “an interim action” and said it was the best move under the circumstances, inasmuch as members “have no way of knowing whether Cpl. Kantowski did or didn’t do what he’s accused of.”

The criminal charge could lead to a “full-blown trial,” it might be dismissed, it might be plea-bargained. “You don’t know what form disposition will take and you don’t know how long it will take,” Lukmann added. Should Kantowski be convicted of the charge, the commission will have the opportunity at that time to pursue a departmental charge against him. Should he be exonerated, the commission will also have the opportunity to grant him back-pay. “This interim action protects the department, it protects the public, and its protects Cpl. Kantowski’s rights.”

“This was not an easy decision,” Commission President Alex Rodriguez said after the vote. “I want to wish Officer Kantowski and his family the best.”

Kantowski was arrested early on the morning of Thursday, Sept. 17, following an argument with his wife, who told investigators that she wanted to leave the house and, when she refused to give Kantowski her car keys as he’d demanded, her husband pointed a semi-automatic pistol at her.

Kantowski admitted being angry during the argument but denied pointing a gun.

The case was investigated by the Porter County Sheriff’s Police at Cincoski’s request. The charge filed against Kantowski is a Level 6 felony punishable by a term of six to 30 months.

 

Posted 9/24/2015

 
 
 
 

 

 

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