— Merit board members could decide Friday the employment status of a Muskogee Police Department officer who failed to appear Wednesday for his appeal hearing.

A.J. Rudd, an 18-year MPD veteran, was let go Dec. 8. Rudd allegedly violated four sections of the department’s policies and procedures.

The Merit Board, with one member absent, deadlocked 1-1 in January after deciding to press forward with Rudd’s original appeal. A second attempt to resolve the issue stalled in May after Rudd hired a new lawyer, Phillip J. Jennings.

The lawyer asked for a 90-day continuance so he could get up to speed on the case. The Merit Board  granted a 60-day delay, which conflicted with Jennings’ schedule.

As a result, neither Rudd nor his lawyer appeared for Wednesday’s hearing. Their absence created a quandary for the board.

Michael Bates, the city’s part-time personnel director, argued for a dismissal of the appeal based upon Rudd’s absence. City Attorney Roy Tucker, however, said a technical decision could expose the board’s decision to a legal challenge.

In a letter to City Clerk Pam Bates, Jennings asked the Merit Board to decide Rudd’s fate based upon the transcript of prior hearings. Tucker told the panel it had the authority to decide whether to proceed or take new evidence without Rudd present.

Stan Hiner, who was absent during the first appeal, said he favored the first option and left open the possibility of recalling witnesses for further clarification. Other board members agreed, prompting a review of video recordings of prior testimony.

After spending most of the day reviewing the recordings, the panel recessed without ruling on Rudd’s appeal. The board plans to reconvene at 8 a.m. Friday at City Hall. There was no word Wednesday on whether the board intends to entertain additional evidence.

Rudd’s employment with the Muskogee Police Department, eight years of which he spent investigating crimes against children, was jeopardized after an alleged emotional outburst prompted the filing of criminal charges.

Rudd was arrested in October after he allegedly threatened a supervisor and Muskogee County District Attorney Larry Moore. The resulting felony charge was dismissed for lack of evidence.

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