Evening star., 1953-05-05
Court Upho|ds
Bullock Fight
For Retirement
HoItzoff Allows
Delay So Boord
Can Hold TriuI
By Howard [. Dutkin

By Howard L. Dutkin
Federal Judge Alexander Holtz-
off yesterday held that sus-
pended Police Inspector Albert /.
Bullock has a right to retirement
annuity and is entitled "to be
placed eventually on the retire.
ment roll on the basis of longev-
ity."
However. the Judge declared
1t is proper to delay the re-
quested retirement "for q rea-
sonable time" so a police trial
board may try Inspector Bull
lock for characterization.
Assistant Corporation Counsel
Oliver Gasch yesterday said he
would confer with Corporation
Counsel Vernon West to deter
mine if the ruling can be ap-
pealed to the U. S. District Court
of Appeals for the District.
More Maneuvers Possible.
Mr.. Gasch said further legal
maneuvering may be necessary
to bring the case to a position
where an appeal would be legal.
In Inspector Bullock is found
guilty by the trial board. Mr..
Gasch said, there is no limita-
tion in the District Code placed
on the amount he could be fined.
Trial board action is scheduled
for June 9. It stems from In
spector Bullock's failure to ex-
plain how he managed to ac-
cumulate $15,333 more than he
made as policeman.
Mr.. Gasch said it is up to the
Commissioners and Police Chief
Robert v. Murray to decide
whether to go ahead with trial
board action. But he added he
would not advise them to drop
the charges against the police
man.
Charles E. Ford, Inspector
Bullock's attorney, while pleased
with the opinion, commented:
1T is tragic that policemen
must go to the expense of
hiring lawyers and paying
court costs to require the heads
of the police and fire depart
mentS to refrain from denying
their fundamental rights"
Commenting on Judge Holtz-
offs ruling that the police de-
partment should be given a rea-
sonable delay before being made
to retire Inspector Bullock, Mr..
Ford said the inspector had re-
quested retirement a year ago.
Mr.. Ford also said he had
sent Chief Murray a letter ask
ing the names of the members
of the Police Trial Board which
will consider Inspector Bullock's
case.
Result of d. C. Motions.
Yesterdays ruling came as a
result of motions by the District
Government to dismiss a COM
plant brought against it by the
suspended officer.
The first count of the original
complaint asked that the court
direct the Police Department to
lift Inspector Bullock'S suspen-
sion. This request was rejected
by Judge Holtzoff last week.
The second count asked that
the police official be granted
retirement on half of his $1,000
yearly salary.
The Government motion asked
that the complaint be dismissed.
But Judge Holtzhoff yesterday,
in his ruling, refused to do this.
Reason for Decision.
In holding that the Inspector
was entitled to retirement, Judge
Holtzoff wrote in part:
g. The retirement annuities
involved in this case are not
pensions or gratuities. They are
paid out of fund to which each
officer makes a considerable con-
tribution. The payments are in
the nature Of old-age insurance,
rather than old-age pensions.
t.. 1t is in the public interest
that the integrity of old-age re-
tirement plans be maintained. ="
The Judge held that if the
Governments view on canceling
the annuity were upheld, it
might adversely affect not only
the Policemen'S and Firemen's
Retirement Plan, but also
the much larger contributory
schemes for employees of the Fed
eral Government. Wrath aroused
by an individual case. no matter
how we'll founded or wholesome.
must not be permitted to sway
our Judgment to the extent Of
leading us to cut loose from our
mooringS and devise a new rule
for the occasion. which may
plague us in the future and pos
sibly impair a well-organized
beneflcient system"
The judge held that the Po-
lice Department has the power
to punish Inspector Bullock
"either by a fine or other dis
ciplinary penalty, such as re-
moval from the service" if he
is found guilty by the trial
board. This comment seemed
to make clear that the depart
ment could not cancel the an
nuity regardless Of the trial
boards findings.