DAYTON — A police sergeant fired after sexual misconduct allegations is on the verge of getting his job back.
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As reported on News Center 7 at 6:00, the Dayton Fraternal Order of Police (FOP) Lodge 44 filed an appeal on behalf of fired Dayton Police Department Sergeant Joseph Setty.
The appeal claims the department didn’t follow contract guidelines when firing him.
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The appeal went to an independent arbitrator.
News Center 7’s Mike Campbell obtained the arbitrator’s 21-page ruling that indicates she sided with the union.
“Many times, people have the perception that we’re defending a bad apple, and we’re not. We’re defending the process,” Dayton FOP Lodge 44 Union President Sergeant Kyle Thomas said.
Thomas said he tries to take emotion out of the issues and look at the facts.
He claims the City of Dayton did not do that in Setty’s case.
“If they want to take action against an employee, you can pretty much do it. You just have to be able to justify why you’re doing it and, you know, cross your T’s and dot your I’s,” Thomas said.
As previously reported by News Center 7, Setty was placed on paid leave in March 2023 after more than one woman accused him of sexual assault.
The Ohio BCI conducted a criminal investigation, and the Dayton Police Department did an internal investigation.
Setty pleaded guilty to a misdemeanor charge of unlawful restraint and two misdemeanor charges of disorderly conduct in May 2024.
These convictions did not automatically disqualify him from serving as a police officer.
The city moved Setty to unpaid leave in June, according to a previous News Center 7 report.
Setty was fired after the convictions and an internal police hearing in August.
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The arbitrator wrote in the ruling, “the employer lacked just cause to terminate (Setty) from employment as the penalty of discharge was not appropriate under the circumstances.”
News Center 7’s Mike Campbell went to Dayton City Hall on Wednesday to ask Human Resources or the Law Department about Setty’s current employment status, but did not get an answer.
“It’s not because we’re emotional about it, the city didn’t follow the rules,” Thomas said.
The City of Dayton has up to 90 days to appeal the arbitrator’s ruling.
If they do, the case would move to the Montgomery County Common Pleas Court.
News Center 7 will continue to follow this story.
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