July 15, 1985 Alan Morris City Managers Office Liberal, KS 67901 Ret Appeal for 1.R. Report 85.005 Dear Sir, This lercter is requesting that you accept an appeal to the dismissal being brought aguinst me by Chief of Police Kistner upon the request of Captains Ralston and Anderson. In the letter Visring the reasons for my dismissal are allegations of concealling information about criminal activities, releasing information of a criminal investigation to an unauthorized person, advising suspects of che investigation of said Investigation and disloyalty to the police profession as a result of the above allegations. Below I am going to list facts that shall not only prove the allegations unfounded but also prove that I have gone beyond my call of duty To provide information to investigating agencies involving an investigation that has placed me in a complex and sensitive position no one could understand unless they hear all sides. First, I am alleged not to have reported the existence of a bookmaking operation that 1 had knowledge of. This is false. In August of 1984 I became aware of a lot of betting taking place on the part of one subject. 1 immediately went to Jimmy Peak, at that time Sergeant of Detectives, and asked him if our department did much about gambling. He advised the department knew of such oper- ations in town but did not have the money or manpower to pursue such investigations. 1 then told him my girlfriends brother seemed to do alot of betting. He said this department did not pursue such operations actively. At that time I had less chan one year in grade. 1 went to Sergeant Peak, a man that I thought knew everything, and thought he Would advise me how to handle the sivuarion. My atrempt to inform him of the betting was belittled and ignored. In the insuing months I became aware of other gambling operations; i.c, 722 N. Nebraska, and our department seemed indifferenr to the betting and even joked about it. In December I went to Mascer Parrol Officer John Hardy and told him 1 had information abour a bookmaking operation that I over- heard being transmitted over C3 Radio from Officer Dan Losada to Serpeant Charles Maddox. He, MPO Hardy took we in and we met withPage 2 Sergeant Maddox and I believe Captain Ralston. 1 divulged every- thing T knew voluntarily, to our deparrmenr, nov an independent agency. At the end of this meeting, all were advised not to share the topic with anyone. Second, shortly after this voluntary statement T met with KBI Agents Dave Yarborough, Bruce Mellor and their Supervisor at the Super 8 Motel. They reinterviewed me and at the end of the inrer- view Agent Yarborough asked if Ms. Andrade knew anything yer. 17 said no. He said he knew ir was a cough spot ro be in and if I did decided to tell her to tell him so as nor to spend time an che matter a$ the KBI had not made the decision whether to pursue the investigation or not. This instruction stuck with me. Third, Later 1 met with Capitans Anderson and Ralston. They advised me of my position in reference ro how IT stood within our Department both criminally and administratively. They advised I was to talk only to them and Agent Yarborough about this macter. After about six months of inacriviry in this invesrigarion, which I initiated, I asked Ms. Andrade if she had any idea of rhe danger the suspects had placed themselves in and the trouble they may be facing. She advised she knew that there was a problem and suspected my involvement in the matter as an officer. She suspected that I had been Lying about my involvemenr in che marter bur did not address the situation further at that time so as to prorect my position as an officer. She said she was sure what 1 had been called inte interviews for and knew the suspects were under more than normal pressure by Law enforcement agencies. At that point, after she pledged her loyairy to me for the Nth time reference to any activity I may be involved in as an officer, I told her that I was involved in an investigation into a bookmaking operation. This information was nor divulged to just anyone. I revealed it to the most imporranr and beloved person in my life. It was done as a gesture of love in an attempt to clear my conscience of the lies I had told her. It was done with the advise of Agent Yarborough in mind that if L told Ms. Andrade T was to advise him of the situation, which I did later. Fourth, On July 8th, T met with Agent Yarborough to update him on any other information I had gained to aid the investigation. I advised him of a dispute I had with two of the suspects about a week prior. The results of this incerview are the basis of the allegation stating I advised rhe suspecrs of the existing investi- gation. This is entirely false. Statements made to these subjects did not address an investigation in any sense. The statements made to one suspect Were personal threacs to instill in him the fact that I would not tolerate his mideness or insensitivity to myself and my fiance. My comments to the second subject addressed no investigation, In facet, they were lies to instill in him that his bookmaking operation was not in jeopardy and as a law enforce- mont officer, I posed no threars ro him. My comments ruined no chance that the investigation would noc be successful.Page 3 Fifth, T am accused of placing my loyalties with friends and associates involved in criminal activities above my loyalty to my profession. This is not only false but, I consider it a personal assault on my honesty and integrity. Those qualities brought me to this job two years ago and I have maintained that same level of honesty and integrity everyday since my arrival. My loyalty to my department has ranged from defending every action of this deparr- ment questioned by civilians from those actions of the newest service officer to the Chief of Police himself. 1 have defended the policies and procedures of this department from all attacks and especially attacks upon the Chief of Police who creates this policy. I have accepted duties many officers accept reluctantly, with pride and a desire to improve the image of the Liberal Police Department; (i.e. school speeches and Tourist of the week). Most importantly, IT have no friends involved in criminal activities. The subjects of the investigation are not my friends. They are only acquainted with me because of my fiance's family and friends. My association with these subjects, both family and asso- clates, have been of a negative nature. I have absolutely no loyalties to them and any statement to the contrary was made to cover my tracks as an officer. Finally, T would like to say that my only misconduct has been the sharing of the pressures and anxieties of a complex investi- gation with the most important person in my life which has been loyal to me and my role as a police officer. Neither 1 nor she have jeopardized any investigation. The only people that have damaged any investigation are the people responsible for this unfounded motion for my dismissal and the subsequent airing of the investigation during this process. These people, however; have a job to do and I respect them for doing what they believe ts for the best of che Liberal Police Department. These people put me through three days of intervlews and tests to get this job, there- fore; I feel my request for an appeal hearing, which I have been advised by Captain Anderson I may have if you accept my appeal, with statements and witnesses on my behalf to insure you thar T am still the same honest and loyal person I was two years ago, is a just request. Thank you. Respectfully, 4 ene! Max Daniel B. Maes