— After eight months of intermittent hearings, an initial review and subsequent re-opening of the evidence, an 18-year Muskogee police veteran finally learned the status of his employment.

Merit System Board members upheld by a 2-1 vote Monday the city’s termination of A.J. Rudd. Rudd was the lead investigator of crimes committed against children during the eight years before he was let go.

Rudd, who was demoted in October pending an internal investigation, was dismissed in December. Grounds for his termination included allegations of insubordination, neglect of duty, unbecoming conduct and unsatisfactory performance.

Phillip Jennings, an Oklahoma City lawyer representing Rudd, described the allegations as “a story created after the fact to support the actions taken.” Those actions included the adverse employment decision and a criminal charge filed after Rudd allegedly threatened two people.

The criminal charge against Rudd, which he has contended was retaliatory, was dismissed after prosecutors failed to prove Rudd committed a crime. City officials, however, argued that Rudd’s termination was warranted based upon state prosecutors’ perceived concerns about Rudd’s credibility as a witness.

Although the administrative review of Rudd’s employment was wrapped up Monday, Jennings said he anticipated further legal action. Although nothing has been filed, city councilors will meet today in an executive session to consider a confidential settlement offer that Jennings sent to the city attorney.

“One chapter has closed,” Jennings said at the conclusion of Monday’s hearing. “But this book is not over.”

The hearing included additional testimony from Nikki Baker, an assistant prosecutor in Muskogee County; Muskogee Police Lt. Bobby Lee and Chief Rex Eskridge. Much of their testimony centered on whether Rudd would be able “to perform the essential functions of the job” based upon prosecutors’ concerns about his credibility.

Baker told merit board members that Rudd failed to turn over evidence she had requested for a lewd molestation case she was prosecuting. Baker said defense lawyers had requested the production of unspecified evidence, but she was at a loss as to what  that might be until she handed the case off to another prosecutor.

“Lo and behold, they just kind of popped up,” Baker said about cell phones and pictures the unidentified defendant possessed when he was arrested in July 2010. “We had to do this song and dance for two or three months” because Rudd failed to provide her with information he possessed, she said.

Lee, however, presented documents showing Rudd had filed with the court clerk’s office documents pertaining to the search warrant that Baker said she knew nothing about. Lee said a copy of the search warrant return, the cell phones and compact discs of images extracted from the phones were found in a locked drawer of Rudd’s desk after he was dismissed.

Lee, who testified on behalf of the city administrators, said Rudd had told him about the evidence gathered after initial charges were filed but assumed it had been turned over to prosecutors.

“I feel he just forgot to take it over there,” Lee said. Nevertheless, “the importance of properly handled evidence is crucial to all of our cases.”

Eskridge said Rudd’s handling of evidence in the lewd molestation case and prosecutors’ perceived concerns about his credibility would make it difficult to reassign him.

“The only city I know of is Oklahoma City,” Eskridge said when asked about how other departments deal with officers with credibility problems. “They have a couple officers there who go to a room and read. They can’t do anything that would require them to testify.”

Jennings challenged concerns about Rudd’s credibility, saying typically those concerns are confirmed by a judge’s findings, not perceived concerns that might be motivated by other factors.

Michael Bates, who manages employee labor relations for the city, said during his summation that he understands Rudd “has been a good officer in most ways.”

“This is one of those cases that a standalone event justifies termination,” Bates said. “When he loses the ability to perform the essential functions of the job, that is time to part ways.”

Board member Stan Hiner, who was unable to attend the initial hearing in January, cast the deciding vote Monday, saying “the totality of the facts led me to the decision.” Rodney Coleman, the board chairman, voted to uphold the termination both Monday and in January.

Board member Norman Grayson, who voted in Rudd’s favor in January, said he favored Rudd’s reinstatement. Grayson said he believes the disciplinary measures imposed upon Rudd were harsher than those meted out in the past for similar conduct.

Reach D.E. Smoot at (918) 684-2901 or dsmoot@muskogeephoenix.com.