In a motion filed Monday, May 18, in Butler County Common Pleas Court, the city asserted that the arbitrator ignored state law and the city’s contract with Fraternal Order of Police Local Lodge 36 when he ruled against how the officer was disciplined last year.

Law Director Les Landen and Assistant Law Director Sara Mills wrote a response to the FOP’s motion to vacate the city’s one-day unpaid suspension of Officer Kim Robinson. They said arbitrator Stephen Hayford “imposed requirements upon the city which are absent from the (union contract) and its essence. Therefore the arbitrator’s award is unlawful and must be vacated.”

In the city’s lawsuit to vacate the arbitrator’s Jan. 14 ruling, it claims that inattention to detail and a lack of effort during Robinson’s seven years as property officer resulted in the loss of money and guns, and the mishandling of two human fetuses.

The city is seeking a judge to settle the dispute.

A process to rectify the “sloppy, unorganized” record keeping and “poor property handling” nearly cost the police division its accreditation in 2008.

Landen said he expects oral arguments on the motion to be scheduled soon.

“Nothing was missing, but there was a lot of stuff we should have disposed of,” Landen said. “That’s the biggest issue.”

Landen said the suit is not about the city suing the union. “This is nothing more than a request to set aside the arbitrator’s decision that overturned the city’s discipline of Robinson.

Officer David Kirsch, president of the local FOP, was not available for comment late Monday afternoon.