WATERLOO - The police officer's union is calling for Chief Tom Jennings to be placed on administrative leave during the investigation of his involvement in an alleged assault.

A complaint was lodged following an alleged assault by Jennings Wednesday night, when he was off duty. According to the Waterloo Police Protective Association, the incident involved a 16-year-old assaulted in the 3300 block of West Ridge Drive, the street Jennings lives on. The Iowa Division of Criminal Investigation is looking into the matter.

The association issued a press release Friday suggesting Jennings' status violated department and city policies after Mayor Tim Hurley said the chief will continue on active duty. In an interview later Friday, Hurley said he had a "brief discussion" with the association, but reiterated his position.

"The responsibility for placing Chief Jennings on administrative leave rests solely on the office of the Mayor," said the statement, from the association's executive board. Association membership includes officers at the rank of sergeant and below.

"While the Waterloo Police Protective Association understands that his case is still in the investigative stage, it is our position that Chief Jennings should be placed on administrative leave immediately pending the total resolution of this matter," said the statement.

"I don't agree or disagree at this point," Hurley said, noting he respects the members' opinion. "I'm doing my own assessment of the situation."

He said the matter is under investigation because the city takes the complaint seriously. "And in the meantime, Chief Jennings remains at his post as chief of police."

But the association statement suggests city policies prohibit Jennings from continuing on active duty.

"Mayor Tim Hurley has been informed that the decision not to place Chief Jennings on leave violates the City of Waterloo's policies on handling citizen's complaints of this nature." The statement also calls it department policy and Jennings' past practice "to place employees under investigation on administrative leave pending the resolution of the investigation and subsequent possible charges."

Hurley expressed some uncertainty if there are policies requiring Jennings to go on leave.

"I am looking," he said. "At this point, I can't find one that's appropriate. They did not share one with me. That's a matter for discovery right now."

As far as police department policies, he said, "There have been times when members of the police department have been put on leave. To draw a strict parallel to this and those would be difficult at this point."

The association statement said the department policy and practice is intended "to protect the integrity of the investigation and eliminate any undue influence into the investigation." It continues, "Chief Jennings holds the highest-ranking position within the department and has access to information about the investigation, not to mention by his position alone has influence over subordinates involved in the investigation. Not placing Chief Jennings on leave also implies that he in fact is above the law."

Hurley said, "It's an unfortunate situation all the way around and I think what we all have to keep in focus is due process."

Contact Andrew Wind at (319) 291-1507 or andrew.wind@wcfcourier.com.