Okla. Fire Officer on Leave For Toy Gun Incident
Source The Oklahoman, Oklahoma City
While criminal and administrative investigations proceed, Wheeler stays away from his $100,000-a-year job.
Jim Moore, Wheeler's attorney, called the complaint frivolous, saying a different employee complained about the incident months after it happened. Wheeler was suspended Oct. 7.
"What I can say is Tim was in the process of counseling this other employee on performance problems," Moore said.
"I have talked to all the witnesses, and they have told investigators there was nothing to it. There was no improper conduct with a firearm. If there had been, he would be charged with a crime."
Police Chief Bob Ricks, City Manager Larry Stevens and Fire Chief Gil Harryman refused to talk about the investigation.
Ricks also refused to release a copy of the initial offense report in Wheeler's case, an apparent violation of the state's Open Records Act.
"We will not be able to provide a copy of the initial report until all investigations regarding this matter are concluded," Ricks said in response to an open records request by The Oklahoman.
"We are moving as expeditiously as possible and will let you know when it will be available."
Joey Senat, an Oklahoma State University professor and expert on open record laws, said not releasing an initial police report is a violation of the state's Open Records Act.
"It also violates the public trust," Senat said. "The law can't be any clearer. They should be making the incident report available now not when the investigation is completed. These records are available routinely across the state. It is utter nonsense."
City officials don't think they violated the Open Records Act by keeping the incident report secret.
"We disagree and our counsel disagrees," the city manager said.
Wheeler, 44, leads the fire prevention division and is the fire department's public information officer.
