City sets employment hearing for policeman on medical leave|[11/10/06]

Published 12:00 am Friday, November 10, 2006

A hearing has been set on a proposed firing of a Vicksburg police officer whose leave time has expired without his being cleared for full duty.

Rudolph Walker, who first joined the Vicksburg Police Department at least 30 years ago, has been sent a termination letter by the city saying his 26 weeks of approved leave time has expired.

That letter was to be withdrawn and Walker returned to the city payroll because Walker is due a hearing, at which he may have legal representation, before the city board, said Lamar Horton, human resources director. Such a hearing my be scheduled for the Vicksburg Board of Mayor and Aldermen’s Nov. 20 meeting.

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Walker was injured when the police car he was driving was struck from behind while it was stopped on U.S. 61 South at the traffic signal at Grange Hall Road on Jan. 4, records show.

Injuries Walker sustained included his back, a knee, his hip and his wrist. Walker said Thursday that he continues to suffer from a bulging disk in his back; that he continues physical therapy to rehabilitate a knee that underwent surgery to repair ligament damage; and that he has nerve damage in one wrist.

Walker was a patrolman on the 3 p.m.-to-11 p.m. shift when the wreck occurred. He said he returned to that duty following the wreck but continued to be treated by doctors in Vicksburg and Jackson.

It was later determined by one or more of those doctors that Walker’s injuries made him unfit for full duty as a patrolman. Walker said he presented a doctor’s letter to that effect to his supervisor.

The city’s response, Walker said, was to &#8220send him home.”

Walker said he wanted to continue working at the department in a light-duty capacity, such as desk work.

Horton said Thursday that such work has become available from time to time, but that none was available for Walker then.

Walker submitted an appeal of Horton’s decision to the Vicksburg Civil Service Commission, but that panel refused to hear the appeal.

Walker said his last day at work was May 5. He said he doesn’t think he’s medically able to resume full duty.

Horton said city police and fire personnel have 26 weeks of leave time to cover time when they are medically unable to work. During that time they may receive workers-compensation payments and Walker has, Horton said.

The city plans to fire Walker because he has spent all his leave time, Horton said.

Walker can continue to receive workers-compensation payments regardless of his employment status with the VPD.

Walker, who is in his mid-50s, will, however, be ineligible to receive payments from the state’s retirement system until he turns 60, Horton said. Employees with 25 years of consecutive service with the city are eligible to retire and receive such payments at any age but Walker’s service has been interrupted within the past 25 years, Horton said.

Walker may apply to the state retirement system for disability payments. If approved, such payments could begin immediately and workers-compensation payments would likely end with a lump-sum settlement, Horton said. Any determination made by the state retirement system in that matter would also be independent of Walker’s VPD employment status, Horton said.

Walker argued Thursday that other officers who have been in similar situations have been placed on desk duty, that he was therefore being treated differently and that the reason is political.

&#8220I could’ve sat there and answered phones,” Walker said.

On a separate medical issue, Walker has diabetes and reported suffering from blackout spells in early 2005. The city placed him on unpaid leave for about 3 1/2 months in the summer and fall of 2005 while his medical status was in question.

Walker later appealed to the Civil Service Commission for back pay for that time. The commission declined to grant that pay, saying both sides could’ve helped resolve the matter sooner but upholding the city’s action.

Walker appealed the commission’s decision to Warren County Circuit Court and filed a federal lawsuit claiming the city violated his rights under the Americans with Disabilities act and seeking at least $250,000 in damages. Both actions remain pending, Walker said Thursday.