Nosse Termination Letter - 7-7-21 REDACTED

City of
Kirtland City of Faith and Beauty

(440) 256-3332
9301 Chillicothe Road
Fax (440) 256-9301
Kirtland, Ohio 44094
www.kirtlandohio.com
July 7, 2021
Lance R. Nosse
City of
(440) 256-3332
Fax (440) 256-9301
Re: Termination of Lance R. Nosse, Police Chief of City of Kirtland
Dear Mr. Nosse:
By order of this letter, as the Mayor of the City of Kirtland and its Director of Public
Safety, I am officially submitting your termination as Chief of Police to City Council for its
concurrence and approval. First, I am in receipt of a written communication from your attorney,
Frank Consolo, specifically that “Lance has agreed to resign and retire effective July 2, 2021.
Mutual release and waiver to be agreed to by parties.” The City has relied upon that statement
and proceeded accordingly. However, my law director has indicated to me that on July 2, 2021,
at approximately 3:45 pm, your attorney had called him on the telephone and informed him that
you no longer wish to resign and retire. The City has not received anything in writing on or
before July 2, 2021 withdrawing your resignation and retirement. The City is of the position that
you have retired as of July 2, 2021. Nonetheless, we are in receipt of an email authored by your
attorney dated July 6, 2021 disputing the City’s position and insisting that you did not resign and
are not retired. Because of this dispute, I find it necessary to proceed with removal proceedings
pursuant to Ohio Revised Code 733.35, et seq., the City of Kirtland’s Charter, and Kirtland
Codified Ordinance 244.01(d). As such, it is my finding that you shall be hereby terminated, for
cause, as the Chief of Police, subject to the concurrence of two-thirds of the members of Council.
After an investigation spanning nearly three months, I have reason to believe, and have
come to the conclusion, that, pursuant to R.C. 733.35, you are guilty in the performance of your
official duty of misfeasance, malfeasance, nonfeasance, misconduct in office, gross neglect of
duty, and/or habitual drunkenness.
City of
(440) 256-3332
Fax (440) 256-9301
CHARGES
You are hereby alleged to have committed the following violations of City policy, the
Kirtland Police Department’s Rules as Regulations (as authored by you as Chief of Police and as
ratified by me as Director of Public Safety), the Ohio Revised Code, and the Kirtland Codified
Ordinances:
1. Vehicle/Equipment Use Policy

• You are alleged to have consumed alcohol prior to driving the City-issued
motor vehicle on April 13, 2021 and on April 14, 2021.
• You are alleged to have operated the City-issued motor vehicle with an
open container in violation of the law of the State of Ohio on April 13,
2021.
• The violation of this written work rule can result in disciplinary action,
including termination.
2. Kirtland Police Department Rules and Regulations – Rule 10.06 –

Unbecoming Conduct
• There is evidence, both on duty for and off duty, of unbecoming conduct
in violation of this rule. Through your actions on video from April 13-14,
2021 at a subordinate’s home with driving the City-issued vehicle and
your actions outside his home, said conduct was unbecoming.
Additionally, there is evidence that you have created an environment at
the Police Department that brings the Department in disrepute, reflects
discredit upon you as a member of the Police Department, and impairs the
operation and efficiency of the Department. Said evidence will show the
frequent use of vulgar hand gestures, vulgar language, verbal abuse
(yelling, providing mean-spirited comments), sexual comments, gender
comments, LGBTQ comments, and racial comments are all unbecoming
conduct.
City of
(440) 256-3332
Fax (440) 256-9301
3. Kirtland Police Department Rules and Regulations – Rule 10.07 – Immoral

Conduct
• There is evidence that you failed to maintain a level of moral conduct both
in your personal and business affairs that brings disrepute to the
Department. In addition to the above, you have lied to both myself and my
staff as it relates to the use of your cell phone and a “sergeant’s phone”
and there is evidence that you have destroyed what may have been a
public record, in violation of Ohio’s Public Records Laws.
4. Kirtland Police Department Rules and Regulations – Rule 10.10 – Neglect of

Duty
• There is evidence that you have committed acts specifically prohibited by
the laws of this State (open container, public records violations), policies
and procedures (vehicle use policy and KPD’s Rules and Regulations).
Additionally, there is evidence that you have engaged in activity or
personal business that caused you to neglect or be inattentive to the City.
Evidence will show frequent trips leaving the City for several hours during
the work day for personal business and that said absences caused you to be
inattentive to the City.
5. Kirtland Police Department Rules and Regulations – Rule 10.14 – Leaving

Duty Post
• Evidence will show that you have left not only the post but the City during
normal business hours for no municipal purpose.
6. Kirtland Police Department Rules and Regulations – Rule 10.17 – Alcoholic

Beverages and Drugs in Police Installations
• See Violation of Vehicle Use Policy (Violation #1)
City of
(440) 256-3332
Fax (440) 256-9301
7. Kirtland Police Department Rules and Regulations – Rule 10.20 – Use of

Alcohol Off Duty
• There is evidence that you have used alcohol while off duty to the extent
that it resulted in impairment, obnoxious or offensive behavior which not
only discredits you but the Department, or rendered you unfit for your
next shift. This not only includes the night of April 13-14, 2021 but there
is other evidence that the use of alcohol impaired your ability to render
you unfit for your next shifts.
8. Kirtland Police Department Rules and Regulations – Rule 10.50 – Use of

Department Equipment
• There is evidence that you have not used Department-issued equipment
only for its intended purpose. Specifically, you are alleged to have
misused not only your City-issued cellular telephone but you later
misappropriated a “sergeant’s phone” for personal use.
9. Kirtland Police Department Rules and Regulations – Rule 10.51 – Operating

Vehicles
• See Violation #1. Additionally, there is damage to your City-issued
vehicle that was not reported to the City.

Truthfulness
• There is evidence that you had lied to me when being questioned
regarding the use of the City-issued vehicle and to my staff about the use
of the “sergeant’s phone”.
City of
(440) 256-3332
Fax (440) 256-9301

Harassment (Sexual, Ethnic, Racial or Religious)
• There is evidence that you engaged in conversation that is in violation of
this rule when you have made various statements or comments to
subordinates that constitute harassment (sexual, ethnic and racial).
Kirtland Police Department Rules and Regulations – Rule 10.73 –

Discipline/Dismissal
• The violation of any of these Rules and Regulations (Violations 2-11) may
be cause for dismissal.
12. Violation of Chapter 149 of the Ohio Revised Code

• There is evidence that you have deleted records that should have been
maintained in accordance with the Ohio Public Records laws.
13. Violation of Kirtland Codified Ordinance 254.28 – Harassment Policy

• There is evidence that you explicitly and/or implicitly ridiculed, mocked,
derided, or belittled subordinates. Additionally, there is evidence that you
have made offensive or derogatory comments to subordinates based on
race, color, or sex.
• Such harassment is considered misconduct and is subject to discipline.
City of
(440) 256-3332
Fax (440) 256-9301
WITNESSES
The City may call any or all of the following witnesses. Additionally, the City reserves
the right to call additional witnesses as may be required.
1. Kelly Wolfe
2. Sgt. Jamey Fisher
3. Amy Buchanan
4. Cindy Gabor
5. Wayne Baumgart
6. Tony Hutton
7. Cassia Phillips
8. Jose Carrillo
9. Kevin Potter
10. Teresa Szary
11. Lance Nosse
EXHIBITS
The City may present any or all of the following proposed exhibits. Additionally, the City
reserves the right to present additional exhibits as may be required.
1. Videos from Nest camera, filmed at the home of a City employee on April 13-14,
2021
2. City of Kirtland’s Vehicle/Equipment Use Policy and Chief Nosse’s signature of
receipt
3. Phone call records from Chief Nosse iPhone and the “sergeant’s phone”
4. Text message records from Chief Nosse iPhone and the “sergeant’s phone”
5. City’s phone bill showing an overage for excessive texting on the “sergeant’s
phone”
6. Kirtland Police Department’s Rules and Regulations
City of
(440) 256-3332
Fax (440) 256-9301
7. Inventory from the search of the City-issued vehicle: video and report
8. Video from search of Chief’s office
9. Ohio Sunshine Law Manual
10. Key fob entry and time sheets
11. OPBA letter dated 4/19/21
12. Email from Mayor offering him to take leave
13. Chief’s email accepting the leave
14. Chief’s consent to search office
15. Letter from BCI
16. Emails between Adam Chaloupka and Matt Lallo dated 2/12/21 and 2/17/21
HEARING ON CHARGES
Pursuant to R.C. 733.36, these charges are hereby being forwarded to City Council and
shall be heard at the next regular meeting. Said meeting will be on the 12th day of July, 2021 and
starts at 7:00 pm at the Kirtland City Hall. Your hearing will take place at that meeting. You may
appear in person and by counsel. You are entitled to examine all witnesses and answer all
charges against you.
Respectfully,
Kevin F. Potter, Mayor

City of Kirtland
cc: Kirtland City Council (via email)

Matthew Lallo, Director of Law (via email)
Tom Lobe, Asst. Director of Law (via email)
Frank Consolo, Attorney for Lance Nosse (via FedEx overnight mail)

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City of

Kirtland City of Faith and Beauty

Re: Termination of Lance R. Nosse, Police Chief of City of Kirtland

Dear Mr. Nosse:

1. Vehicle/Equipment Use Policy

2. Kirtland Police Department Rules and Regulations – Rule 10.06 –

3. Kirtland Police Department Rules and Regulations – Rule 10.07 – Immoral

4. Kirtland Police Department Rules and Regulations – Rule 10.10 – Neglect of

5. Kirtland Police Department Rules and Regulations – Rule 10.14 – Leaving

6. Kirtland Police Department Rules and Regulations – Rule 10.17 – Alcoholic

7. Kirtland Police Department Rules and Regulations – Rule 10.20 – Use of

8. Kirtland Police Department Rules and Regulations – Rule 10.50 – Use of

9. Kirtland Police Department Rules and Regulations – Rule 10.51 – Operating

10. Kirtland Police Department Rules and Regulations – Rule 10.55 –

11. Kirtland Police Department Rules and Regulations – Rule 10.71 –

Kirtland Police Department Rules and Regulations – Rule 10.73 –

12. Violation of Chapter 149 of the Ohio Revised Code

13. Violation of Kirtland Codified Ordinance 254.28 – Harassment Policy

Kevin F. Potter, Mayor

cc: Kirtland City Council (via email)

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