City officials fire officer in teen sex case

City Council Wednesday fired the police officer charged recently with having sex with a 16-year-old Indiana girl he had met through a law enforcement Web site.

The council fired 22-year veteran Herrick "Rick" Johnson, citing violation of departmental rules.

Officials declined to say whether the firing could deprive Johnson of his pension, but a section of pension law in the Third Class City Code seems to indicate it cannot.

The council approved the resolution to terminate Johnson unanimously, except for Erik Cagle, who was absent.

Personnel Director Omar Strohm asked for the termination, on recommendation of City Manager Joe Weakland and Police Chief Janice Freehling, according to the resolution.

The resolution cited Johnson's violation of four sections in the departments' Rules, Regulations, Policies and Procedures manual, but didn't specify what those rules are.

Officials declined to say, and the Mirror was not provided a copy of the manual at press time.

A call to Bill Boyles, president of the Fraternal Order of Police, was not returned late Wednesday.

The firing was made retroactive to Aug. 29, the expiration date for the period during which Johnson could have appealed to keep his civil service job, Weakland said.

He never asked for a hearing, Weakland said.

Solicitor Larry Clapper declined to speak about the case, saying ''it's a personnel matter that needs to work its way through the system.''

State police charged Johnson with endangering the welfare of a child and corruption of a minor.

The department first placed him on paid administrative leave, then changed that to unpaid leave when charges were filed.

The police pension chapter of the Third Class City Code seems to show that the city can't deprive Johnson of his pension by firing him.

In a section titled Inalienable Rights in Fund, the code states: ''Whenever any person shall become entitled to receive an allowance from the police pension fund ... he shall not be deprived of his right to an equal and proportionate participation therein upon the basis upon which he first became entitled thereto.''

Johnson would have become entitled when he became vested after 20 years, well before the charges.

Johnson's attorney Tom Forr declined comment.

The police pension board Aug. 27 determined it had no legal reason to deny Johnson's pension based on the state's Public Employee Pension Forfeiture Act, board president John Carnicella said.

That act specifies crimes by which a municipality can deny a vested pension, but the charges against Johnson aren't among them, Carnicella said.

''I don't know administratively [with the city], but with the pension board, he is retired,'' Carnicella said.

The Mirror was unable to contact the Attorney General's office for comment.

Member Comments

View Comments: | 1-25 | Post a comment

reallycares
09-14-08 7:20 PM »Report Abuse	This man will walk. Put money on it.
guttertroll
09-12-08 1:25 PM »Report Abuse	I mean tell me WHAT crime did he commit?
guttertroll
09-12-08 1:23 PM »Report Abuse	Oh yea? If she was willing then what did he corrupt and/or endanger? Sorry but they should have run to the DA with this one.
JANITOR
09-12-08 12:36 PM »Report Abuse	Actually, guttertroll looks like they did an excellant job in the investigation. Take a look at the complaint, the affidavit covers all of the issues with the case including that she was a willing participant. They only charged him with corruption of minors and endangering the welfare of a child. I suggest that they did an excellant job here sorting through the circumstances and facts of the case and then charging him appropriately. I suggest you check out the complaint before suggesting that the investigators did a poor job.
1966254
09-12-08 11:43 AM »Report Abuse	There are different types of pensions that can be taken away from you. Railroad retirement is one of them. If you are arrested and jailed they can stop your pension. If you commit a felony your pension is taken away from you. I do not understand why or how this works, but it is the law.
guttertroll
09-12-08 9:02 AM »Report Abuse	Believe it or not that girl was a willing participant. Did you ever wonder why they lowered the age for rape to 16. The man DID NOT commit a crime! Sorry that old man young girl sex offends most of you but I bet he walks. The investigators did a VERY POOR job prior to running with this one.
ray111
09-12-08 7:27 AM »Report Abuse	well why everybody is worried about if he should get his pension or not , isnt anybody thinking what happened to the young girl that he took advantage of, or what the effect will do to her in the future. this man took a young girl and manipulated her mind to make her think it was ok for what she was doing. and also why is he only being charged with corrupting the morals of a minor, and he had sex with her. doesnt that call for statutory rape and indecent assualt which are felonys. now if this crime was committed by you or me we would be charged with a dozen charges. cant you see it there just going to let this man go cause he is a police officer
KnowsLawAndObeysThem
09-11-08 10:19 PM »Report Abuse	BRAVO to the 6 valiant members on city council for voting to fire an admitted sex offender. Yes, we need protection from crime, but certainly not his version of protection. Thank you council for sending out a message LOUD and CLEAR that when in Altoona, DO NOT TOUCH CHILDREN, DO NOT TOUCH CHILDREN, DO NOT TOUCH CHILDREN. Children are the most innocent of victims since often, they are the most defenseless and dependant upon society (elders, grown-ups, community leadership) to protect and defend them when others violate them. They are more gullible and easily persuaded and need extra protection. Quit sqabbling over dollars, a child's life has been ruined by a man in a position to have known the gravity of the damage of his wrongful acts. If you dare to think that it is wrong to strip him of a few dollars, think of what this little girl has been stripped of that cannot be replaced with any amount of money.
Peteswife
09-11-08 9:50 PM »Report Abuse	He paid into social security all those years and that can't be denied, thats money we all pay into for our retirement if there is any social security left by the time we retire seeing that it is being milled out and wasted monthly on those who are more able to work than they fake they are. He'll get a nice social security check when he is old enough to collect that. 401K, everything he paid into over the years, he is entitled to, that was his money. Anything the Dept matched can be disputed because he broke their policies, rules/regulations, etc. that he agreed to abide by on date of hire.
jimdandy
09-11-08 8:13 PM »Report Abuse	Hey gandulf. Your final comment should read "one of the best corrupt police departments in the state!"
gandulf
09-11-08 2:28 PM »Report Abuse	This 'man' took advantage of a young woman. He used his position to lure this individual into dangerous territory. If he had ANY integrity whatsoever, he would have kept his ego and emotions in check. He will need his pension--to pay costs associated with divorce. Does he deserve it? Only his portion of the investment as far as I am concerned. This piece of wandering human debris has cast a black mark on one of the best police departments in the state! What a shame.
JANITOR
09-11-08 11:58 AM »Report Abuse	He deserves his pension, after all some of it is his own money. For those who say he should not get it because he was arrested, how about this.....lets take away the SSI, access cards, etc of everyone who gets arrested?? Does that sound fair?? Just because he is a public official does not mean he should face stiffer penalties. He should get what everyone else gets.
Miller
09-11-08 11:49 AM »Report Abuse	Chux, I'm with you!! He earned his pension for his prior years of service and he should get all of it!! Sure, what he did was terribly wrong, especially in his line of work, and a huge mistake on his part, for which he will have to pay for in other ways. And, for those that mention his family, I do believe he is divorced or separated from his wife, (read this in a previous article??), not that this makes what he did any better in our eyes.
willie
09-11-08 11:18 AM »Report Abuse	Dig Deeper, find other victims. Molesters often have hundreds of other victims in their wake. This was not the first time he "allegedly" did this. Deny his benefits and send him to jail where he can enjoy all the phyical pleasures he can handle. The soliciter says it's a personnel matter? It's a public saftey matter. Encourage the "other victims" to come forward.
caringmom
09-11-08 11:05 AM »Report Abuse	imovedaway--lets be serious here,i'm not saying i blame the girl, yes she is only 16,but her parents are to blame,don't give me "shame on you" do you have any daughters? would you just let your child go with someone you have only met a few times? and remember there were a couple encounters,if it had not been for her using her friends cell phone,and her friends being the ones to notify police,would she have said anything at all? dont get me wrong i'm not in any way defending his actions,he was the adult and he as a parent should be setting a example, he chose to do what he did and someday he will answer for his actions.
janem3
09-11-08 10:23 AM »Report Abuse	I find it sick that a grown man would have sex with a child. He deserves whatever he gets.
iamtwa
09-11-08 9:59 AM »Report Abuse	If I'm interpreting this correctly he is only getting money that he paid into this retirement. He's not receiving any additional funds. Most pension funds are similar. If you work somewhere and have a 401k, you put in so much and your employer "matches" an amount. Sounds as if he is only getting only his participation and no additional. The city SHOULD not give any additional.
imovedaway
09-11-08 9:37 AM »Report Abuse	You people amaze me. It is not the girls parents (shame on you for dragging them into this).Its not the young girls fault. It is a sexual pervert who used his position to take advantage of a child. He deserves nothing from the taxpayers. If guilty he does deserve to go to jail
caringmom
09-11-08 9:32 AM »Report Abuse	if taking advantage of a 16 year old girl is not considered one of the crimes for him to lose his pension,then i would like to know what the crimes are that are listed that he would lose his pension. this story is a difficult one, i really blame rick for the whole mess,but i also feel that the girls parents are guilty also,cop or not i would never let my daughter go anywhere with a man,especially when they have not known each other that long. the girls now adays look much older than they are,and i blame the parents for allowing them to dress the way they do,giving them what they want and letting them do what they want. should rick get his pension?,thats not up to any of us. we may have our opions,but its not going to make a difference. A WARNING TO PARENTS, KNOW WHERE YOUR CHILD IS, AND DONT ALLOW THEM TO LOOK AND DRESS OLDER THAN THEY ARE, THE CELL PHONES ARE NOT SUCH A GREAT IDEA EITHER, THERE GREAT IF THERE IS A EMERGENCY BUT THEY MAKE IT TO EASY FOR THE KIDS TO CHECK IN,
guttertroll
09-11-08 8:52 AM »Report Abuse	He's going to get it. Do we deny those sleazy politicians that are actually convicted of crimes or run out the door before they do? NO. The 20 years he served without tarnish is what we pay for.
imovedaway
09-11-08 8:14 AM »Report Abuse	Slepless, It takes two? I hope you were kidding. She was 16 dude. He knew better and didnt care about his job or family. I hope "Rick" rots in jail.
victory07
09-11-08 8:13 AM »Report Abuse	This is the first time I have took the time to post a comment but holy cow chux you really think he deserves all of his pension. He knows right from wrong and this was WRONG, but I guess coming from you and your background you would want him to get his pension, did he think of his wife and the police force when he was doing the nasty with this little girl?
imovedaway
09-11-08 8:07 AM »Report Abuse	If found guilty he should be denied his pension.
sleplessinpgh
09-11-08 8:07 AM »Report Abuse	It takes two!! ... This girl knew what she was doing! Give him his pension. and hopefully rick you have learned a hard lesson,,,
Chuxspringer
09-11-08 7:40 AM »Report Abuse	Hope he gets ALL of his pension.

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