The Ohio Attorney General's Office received the court order to revoke a former Athens police officer's certification, almost two years after he was convicted of two counts of dereliction of duty.
Brian Lushbaugh, a 12-year veteran of the police department, pleaded guilty to the two second-degree misdemeanors after being accused of having sex with two members of the Explorers, a program for 14- to 20-year-olds interested in law enforcement. Judge William Grim ordered Lushbaugh to surrender his peace officer certificate in March 2007.
The Ohio Peace Officer Commission monitors certification, which indicates a person has completed basic training established by the Ohio Revised Code and is necessary to becoming a police officer.
The commission was informed that Lushbaugh had resigned in March 2007 but was not aware his certification should have been suspended until this month, said Holly Hollingsworth, spokeswoman for the Ohio Attorney General's Office.
Under Ohio Revised Code, the court involved is required to notify the peace officer commission about revoked certifications if the case involves a felony that is reduced to a misdemeanor, Grim said.
The code does not indicate who must notify the commission in the case of a plea agreement, as was the case with Lushbaugh, so Athens Municipal Court did not send notice to the commission, Grim said.
We didn't do that at the time
he said.
Court officials realized Lushbaugh's case would fit under the spirit of the law and sent documentation of the court order to the commission on Friday, Grim said.
Sometimes there can be a lag said Hollingsworth. She added she did not know how long revoking certifications normally takes.
Officials from the attorney general's office are talking with law enforcement agencies to prevent lags in court orders and increase efficiency, Hollingsworth said.
Athens Police Chief Rick Mayer said he included information about the court order to the peace officer commission when notifying the commission about Lushbaugh's resignation.
It's one of those things that fell through the cracks Mayer said.
Lushbaugh filed a motion to expunge the misdemeanors from his record last week. That hearing for that motion is 11 a.m. Friday.
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Jessie Balmert
Athens court never sent notice to commission, finds suspension
