Twinsburg terminated two officers who are involved in a lawsuit against the city Tuesday. Officers Olivia Bartulovic and Daniel Fidoe have been on administrative leave since March 8.
The two officers filed a lawsuit along with Officer Matthew Pfeifer against the city and its police chief in April over allegations of sexual harassment and discrimination, nepotism, records tampering, retaliation and not filling records requests.
"We're obviously disappointed in this but not surprised," Brian Bardwell, attorney for the officers, said. "The city has been pretty clear with its retaliatory intent and motive here."
Bartulovic and Fidoe were engaging in an "inappropriate workplace relationship" that "interfered with normal work operations" from November 2022 until they were put on leave, termination letters from the city state. The officers spent excessive amounts of time talking to each other during their shifts and established a pattern of nonproductive work time. Additionally, Fidoe improperly used his police cruiser to leave the city to see Bartulovic, his termination letter states.
Fidoe said they only spoke during meal breaks or other breaks from work, according to the department's internal investigation.
Bartulovic failed to respond to a dispatch communication in a timely manner due to talking to Fidoe, attended training with Fidoe without prior approval from her supervisor and was "insubordinate" and "dishonest" during the investigation into her conduct, her termination letter states. She was recommended to attend the pistol training to improve her shooting but did not have permission to travel to the training in Fidoe's police cruiser, according to the department's internal investigation.
"Your dishonesty throughout this investigation process and your failed polygraph examination have forever marred your credibility as a police officer," Bartulovic's termination letter states.
Fidoe was insubordinate in failing to attend a previously scheduled investigative interview regarding disparaging remarks he made at a training class in September of 2023, his termination letter states, adding he was disrespectful to his superiors, referred to Twinsburg as "toxic," accused Twinsburg leadership of engaging in crime, corruption and nepotism and called Twinsburg Mayor Sam Scaffide "Jimmy Dimora's right hand man." As Cuyahoga County Commissioner, Dimora led a corruption scheme, accepting more than $166,000 in bribes, and was charged with 32 counts of corruption in 2012. The letter also characterizes Fidoe as "insubordinate" and "dishonest" during the investigation into his conduct.
"The city is saying we're firing you for criticizing us," Bardwell said. "We're firing you, because you let the cat out of the bag that there's corruption and cronyism going on here."
Fidoe also removed his mobile data terminal, a computerized device used in police cruisers to communicate with dispatch, from its dock without authorization, which disabled the vehicle's automatic vehicle locator system, a pre-disciplinary meeting notice from the city states. Bardwell contends the automatic vehicle locator system didn't work to begin with and that the city is hinging its argument on bad information from the technology.
"We also have the records showing that the GPS units they're relying on this have been broken for years, that they're trying to replace these GPS units because they're broken for years," he said, "and yet they're nonetheless relying on this GPS data that doesn't update as evidence that these guys are not actually working."
Scaffide concluded that both officers violated Twinsburg's policy regarding work rules, workplace harassment and the Police Department Standard Operating Policy Manual, according to the termination letters.
"They've been tracking these guys for more than a year looking for some justification, which is hard to do when you've got two officers who are good officers who are trying to do their best," Bardwell said.
Some of the reasons for termination are retaliation for looking into corruption in the department, Bardwell said. For example, Bartulovic has records that prove she was working when the city says she wasn't.
"She was able to say to them, 'Well actually here's the report where I was out doing a traffic stop and then executing a search warrant and then driving the arrestee to jail," he said.
Dom Saturday, general counsel for the Ohio Patrolmen's Benevolent Association, the police union representing Twinsburg officers, agreed with Bardwell's assessment in an interview with Ideastream Public Media in April.
"It would have to be one amazing coincidence in a workplace with 20 or so officers, right? It would have to be an amazing coincidence for three officers all simultaneously to commit some type of offense so serious to be put out on leave," he said.
Pfeifer was also placed on administrative leave on March 8.
The city provided Bartulovic and Fidoe written notice of pre-disciplinary conferences on April 25 to determine if disciplinary action is necessary. Both officers waived their right to participate in the hearings, according to their termination letters.
Lt. Brian Donato led the investigation into the officers and shared his findings with Michael Cicero, outside counsel contracted by the city to produce an independent opinion on the investigations, according to the department's internal investigation. Cicero concluded there was not evidence the officers conduct was criminal but that there was evidence they had broken city and police department policies.
In an investigative interview, Bartulovic said she would meet with Fidoe to discuss sexual harassment and discrimination in the department, according to the department's internal investigation. A third party investigation into gender discrimination, allegations of a hostile work environment and retaliation conducted by attorney Aretta Bernard in 2023 found no substantial or supporting evidence for the claims. The complaint was filed by Pfeifer on behalf of female officers. The investigation ultimately recommended the city provide the entire department with communication and diversity, equity and inclusion training.
"The City of Twinsburg remains committed to both responding to public records requests and vigorously defending the pending litigation," Scaffide said in a statement. but Bardwell said the city has not filled a single records request for him or the officers since the lawsuit was filed.
The terminations still have to be approved by city council, Bardwell said.
