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Court upholds decision that convicted police sergeant should be reinstated; City to appeal

Sgt Joseph Setty (Courtesy of the Dayton Police Department investigative file)

DAYTON — A former Dayton police sergeant is a step closer to getting his job back.

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The Montgomery County Common Pleas Court has denied the City of Dayton’s appeal of an arbitration ruling that ordered the reinstatement of former Sergeant Joseph Setty.

The court’s decision upholds a previous ruling that Setty should be returned to the police force after being terminated in 2024.

An arbitrator originally ruled on March 14, 2025, that Setty should be reinstated with a 30-day suspension. The arbitrator’s decision also required the city to provide Setty with back pay, benefits and restored seniority.

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The legal proceedings began after Setty was found guilty in Montgomery County Common Pleas Court of two counts of disorderly conduct and one count of unlawful restraint.

Following the conviction, the Dayton Police Department placed Setty on unpaid leave on June 3, 2024.

His employment was officially terminated on Aug. 9, 2024.

The Fraternal Order of Police filed grievances to challenge both the unpaid leave and the termination.

These filings led to the arbitration hearing, where the arbitrator eventually determined that Setty should be reinstated with the 30-day suspension. The City of Dayton then sought judicial review of that ruling, which led to the recent court denial.

Dayton Police Chief Kamran Afzal has remained opposed to Setty returning to the force.

“My concern is about our officers, this department, and this profession,” Afzal said. “I strongly believe that the correct decision is and remains that Setty should not work for this department.”

Dayton has announced that it will appeal the court’s decision to deny the request for judicial review.

We will continue to follow this story.

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