Former CR police officers lose appeal of Civil Service Commission decision affirming their termination in 2007

CEDAR RAPIDS – A judge dismissed an civil appeal late Tuesday of two Cedar Rapids police officers fired in 2007, ruling their reinstatement would be “detrimental to the public” and the Civil Service Commission's decision will be affirmed.

Donald Rosdail Sr. and Gregory Koenighain had a bench trial last December to appeal the commission's decision for termination. The judge filed her ruling Tuesday in Linn County District Court.

The officers were fired in 2007 after a police department internal affairs investigation found that they had violated the department's regulations and standard of conduct. They were also found to be insubordinate and untruthful during the internal investigation. The men appealed their firings to the Civil Service Commission, which upheld their dismissals.

The two men also were charged in 2008 with non-felonious misconduct in office but were acquitted of the charges.

Koenighain argued in his appeal to the commission in 2008 that his discharge wasn't justified by the evidence. He asked to be reinstated to his former position as a computer forensic investigator and restore his pay and benefits.

Rosdail argued in his appeal that his termination also wasn't justified. He didn't ask to be reinstated.

The commission based it's decision upon four incidents of misconduct involving Rosdail and two incidents of misconduct involving Koenighain, the same as the criminal charges, according to the ruling. Three of the four incidents involved divorce proceedings of Rosdail's son, Donald T. Rosdail and his ex-wife Jocelyn.

One incident involved Rosdail and Koenighain attempted to use their status as police officers to enter a parking lot at Cedar River Paper Co. in 2003 to look for a man dating Jocelyn Rosdail, Rosdail's  ex-daughter in-law, according to the ruling. Rosdail also was accused of questioning the man's sister, a member of the FBI task force, about about her brother and told her to warn him against dating Jocelyn.

Another incident involved a woman who claimed Rosdail accused her of stealing money from a woman who she had been in a relationship with for three years in 2006 which earlier that year, according to the ruling. The victim of the alleged theft was related to Rosdail and he told her if she would give him the money he wouldn't continue with charges.

The other incident in 2006 involving both Rosdail and Koenighain was based on a friend of Jocelyn's, Greg Lunde, being investigated by Rosdail as a pedophilia. Jocelyn and Rosdail's grandson would spend time with Lunde and Lunde accused Rosdail of harrassing him, causing him to lose his job.

Rosdail obtained two computers from Lunde's ex-wife to examine it for any evidence of possible child pornography, according to the ruling. Koenighain conducted the forensic examination of the computers. No illegal images were found.

During their investigation, Rosdail and Koenighain asked Lunde if they could look in his home for a computer and Lunde allowed it. No computer was found, so they took him to the police station for questioning and afterwards went back to his home. Rosdail became upset when he found pictures of his grandson in Lunde's home and both officers claimed there were dozens of photos of children on his wall.

Rosdail ended the visit by telling Lunde to stay away from his grandson and Jocelyn and if he didn't he would be charged with a crime.

William Roemerman, Cedar Rapids attorney for Rosdail and Koenighain's, didn't return a phone message left Wednesday.

Sixth Judicial District Judge Marsha Beckelman said in the ruling that both men lied during the course of the investigation and to the court. Rosdail lied about his intentions in investigating Lunde and also lied about the Cedar River investigation. Koenighain also wasn't truthful about either incident, Beckelman said.

These findings show both men “failed to exercise good judgment and sound discretion,” Beckelman said. The court is disappointed the neither men believed they acted inappropriately during the Lunde Investigation.

“Rosdail's statements to Mr. Lunde to stay away from (his grandson) and Koenighain's failure to intervene shows the Appellants' conduct is detrimental to the public interest and that they have little respect for the constitutional rights of citizens,” Beckelman said in her ruling.