The Longmont police department is in a legal battle with one of its officers who says he was wrongfully demoted from the rank of sergeant.

However, city and police department officials allege in internal paperwork that Officer David Terrell was given plenty of warning about his substandard performance as a sergeant, including being reprimanded for failing to counsel one of his officers who tasered a 9-year-old.

Terrell’s demotion started in 2013 when his supervisor Cmdr. Tim Perkins asked for an investigation into the then-sergeant’s conduct after Terrell took 10 weeks to turn in a report on a vehicle accident that involved a police officer.

The investigation cited various times from 2008 to 2013 when Terrell’s fellow sergeants and supervisors said he did not perform his duties:

• Twice taking three weeks to forward on use of force reports to superiors. One of the use of force cases involved one of the officers that Terrell supervised using a TASER on a 9-year-old instead of calling for medical help.

“This is another example of a situation that could have had negative impacts for our department, and Sgt. Terrell failed to see the potential consequences of his officer’s actions,” a summary of the investigation states.

• Failing to launch an immediate investigation when a department employee was stuck with syringes that were left in trunk of a patrol car in 2013.

“When I learned of this on March 8, I found out that Sergeant Terrell was doing very little about this potentially life-threatening situation for the Fleet employee,” Perkins testified in the investigation, according to a summary document. “I directed Sgt. Terrell to launch an immediate investigation to find out what these syringes came from and what was in them…On April 12, over a month later, I asked Sgt. Terrell what more he had done, and he answered me ‘Nothing.'”

• Repeatedly showing up late to work “or not showing up at all until called at home” according to testimony during the investigation by one of his supervisors. “I had to tell Sergeant Terrell to get a new alarm clock.”

• Taking several hours to show up at the scene of high-risk incidents. In a city document, City Manager Harold Dominguez references two undated incidents in which Terrell allegedly “did not respond to a call from Longmont High School regarding a suicidal student in which the school was evacuated.” and “it took about three hours for Sgt. Terrell to respond to the kidnapping scene.”

Cmdr. Chris Schmad reviewed the findings of the investigation and recommended Terrell be demoted to a police officer position in October 2013. Terrell responded in November 2013 with a statement.

“I readily admit I have not performed all administrative tasks in a timely manner over the years and I apologize for the frustration this causes my supervisors,” Terrell’s statement read in part. “I accept responsibility for that and accept whatever discipline is reasonably necessary to maintain departmental discipline.”

But Terrell apparently didn’t think the demotion was reasonably necessary because after Public Safety Chief Mike Butler issued the punishment in December 2013, Terrell appealed the decision

When Hearing Officer Brian Luther upheld the police department’s punishment, Terrell and his lawyer asked Dominguez to overturn the decision, as Dominguez can do in his position as city manager.

Terrell shouldn’t have been demoted because he did not violate policy and the department did not discipline him progressively throughout the years, Terrell’s lawyer Donald Sisson wrote in a letter to Dominguez.

Dominguez also stuck with the police department’s demotion, adding in an October 2014 decision that he was “inclined to add an additional three days of unpaid leave” but backed off because he trusted Butler on disciplinary matters.

Terrell then filed a lawsuit against the city in Boulder County district court, the police department and Butler in November, maintaining that the department did not progressively discipline him and demoted him unlawfully.

Terrell is asking the court to reverse the demotion and compensate him for back pay and benefits and any other damages the court sees fit. The case is open and scheduled for a review on January 14.

Karen Antonacci: 303-684-5226, antonaccik@times-call.com or twitter.com/ktonacci