Double-Dipping Cop Denied Retirement

A Charleston police officer who admitted to double-dipping has been denied medical retirement.

The Charleston Police Department’s pension and relief board denied the benefits for a former police captain who admitted he worked for the Charleston Town Center mall while on duty for the city.

James A. Sands, who pleaded guilty to misdemeanor obtaining by false pretenses in Kanawha Circuit Court earlier this month, requested medical retirement in July, less than a month after he was placed on administrative leave.

Sands resigned from the department just before entering his plea, leaving him roughly three years shy of the 20 years of service required for full pension benefits.

Sgt. Tony Payne, who serves as the board’s secretary, said Tuesday’s 5-0 vote was a difficult one.

“I’ve been friends with [Sands] since he’s been here, and I have the utmost respect for him,” Payne said.

Mayor Danny Jones, the only civilian member of the board, said the trustees gave Sands every opportunity to present his case.

“He was a good police officer,” Jones said. “[Denying Sands' request] wasn’t fun.”

Both Payne and Jones declined to elaborate on the basis for Sands’ claim, citing concerns about disclosing his personal medical information.

Sands, a former patrol supervisor, has not said publicly what his medical condition is. Before Tuesday’s hearing, he requested that it be closed to the public.

“We are going to discuss some private and privileged information,” he said.

The board voted 4-1 to go into executive session, with Jones casting the dissenting vote.

The other members of the board are Lt. Chuck Carpenter, head of the Metro Drug Unit, and Detectives R.L. Eggleton and G.R. Daniels, who both serve in the Criminal Investigations Division.

Sands has the option of appealing the board’s decision in Kanawha Circuit Court, Payne said.

Charleston police Lt. Steve Neddo, president of the Fraternal Order of Police Capital City Lodge No. 74, said four trustees elected by the department have an obligation to look after the department’s pension.

“There have to be some stringent rules for medical pensions. I think what they did today was exercise caution,” Neddo said. “I’m sure it was tough on all of them, because Jim Sands was a well- liked officer.”

While he was on administrative leave, Sands was promoted from lieutenant to captain, filling the vacancy created when Capt. Tom Mullins retired in June.

Charleston police officers are required to pass a physical exam to be promoted, and records indicate that Sands passed a physical, Payne said.

Sands is the fourth officer convicted of “double-dipping” while on duty.

In April, former Detective James L. “Chip” Nowling was convicted of obtaining money by a fraudulent scheme and computer fraud, each a felony, for having more than 1,700 hours between 2001 and 2003. Nowling was placed on three years’ probation in June.

During Nowling’s trial, Sands testified that he was responsible for scheduling Charleston police officers for shifts at the Town Center mall.

Last month, retired Lt. Eric Eagle admitted that he worked more than 117 conflicted hours over 11 months in 2000. His sentencing is scheduled for Dec. 5.

On Nov. 1, retired Sgt. Lola F. Hart pleaded no contest to misdemeanor obtaining money by false pretenses. Chief Kanawha Circuit Judge Charles E. King placed Sands and Hart on probation.

If the board had granted Sands’ request for medical retirement, his annual benefit payments would’ve been 60 percent of the pay he earned, including overtime, during the 12 months before he was placed on administrative leave.

According to data obtained by a Freedom of Information Act request, Sands earned $61,792.82 in 2005 and $36,016.76 in the first half of 2006. More recent information was not available.

(c) 2007 Charleston Daily Mail. Provided by ProQuest Information and Learning. All rights Reserved.