By Roger McKinney

rmckinney@joplinglobe.com

GALENA, Kan. — A pretrial hearing for former Pittsburg State University head football coach Chuck Broyles on a misdemeanor city charge of driving under the influence of alcohol is set for Feb. 5, City Attorney Kevin Cure said Tuesday.

Broyles’ attorney, Bill Phalen, entered a plea of innocent ahead of Tuesday’s scheduled city court session, allowing Broyles to avoid appearing, Cure said.

Neither Phalen nor Broyles returned calls to the Globe seeking information.

Broyles’ statement after his arrest said he was taking responsibility for his actions and admitting to embarrassing the university.

“I am the one who made a poor choice, and I am the only one who is responsible for my actions,” Broyles said in the Nov. 27 statement.

Broyles, 62, of Pittsburg, was stopped at 9:53 p.m. on Nov. 24 by Galena police at 19th and Main streets. The city citation notes he was clocked going 46 mph in a 35 mph zone.

Galena police Chief Larry Delmont said Broyles was administered a Breathalyzer test that indicated he had a blood-alcohol level above the legal limit of 0.08 percent. No bond was set, and Broyles was released into the custody of someone who picked him up at the police station. Delmont said that is standard procedure, and that Broyles wasn’t afforded any special treatment.

‘Serious problem’

PSU President Steve Scott said in a Nov. 27 statement that Broyles had informed him on Nov. 25 that he had been arrested the previous night.

“I am deeply saddened and profoundly disappointed by this news,” Scott said in the statement. “Drinking and driving is a serious problem and we do not take these things lightly. I appreciate coach Broyles immediately bringing this to my attention, and I know he understands the gravity of the incident.”

Scott said he would meet with Broyles after the Thanksgiving weekend to discuss the matter further.

At a news conference on Dec. 2 at which Broyles announced he immediately would leave his job as head football coach, Scott and others went to lengths to indicate there was no connection between the announcement and Broyles’ arrest. Broyles and Scott termed the departure a “retirement.”

No downside

Scott said Broyles would remain as PSU athletic director but was being placed on paid administrative leave in that position, pending a resolution of his DWI case.

Broyles said at the news conference that he had difficulty finding a downside to the arrangement of not working and still being paid.

A request filed with the university’s records custodian about Broyles’ current pay, and if it differs from his pay in his dual role as football coach and athletic director resulted in the following response:

“Coach Broyles’ salary for fiscal year 2010 is $123,786 for the positions of director of intercollegiate athletics and head football coach. This salary includes the supplement of $9,500 for the responsibilities of director of intercollegiate athletics.”

Scott was asked in an e-mail to clarify Broyles’ current pay.

“Broyles will be moved to the open athletic director position for the remainder of the year and his salary will remain unchanged,” Scott responded.

Broyles’ contract as athletic director runs through June 2010, the end of the university’s fiscal year.

Leave duration

Scott also was asked to clarify when he would consider Broyles’ case to be resolved.

“While I understand the phrase ‘fully resolved’ might have varying interpretations, I’m confident Coach Broyles and I understand what it means,” Scott responded by e-mail.

Asked in another e-mail exchange why he would not reveal the explanation, Scott said it was because it is a “personnel matter.”

Cherokee County Attorney John Bullard has said possible punishment for a misdemeanor conviction on a first offense of driving under the influence of alcohol can include a six-month jail sentence, which is typically suspended, and a year of probation with a mandatory 48-hour jail time imposed. There also may be a fine of $500 to $1,000 and mandatory alcohol treatment. Prosecutors sometimes offer a diversion agreement, in which the charge is dismissed when the defendant completes the requirements of the agreement.





Tenure

Chuck Broyles was PSU’s head football coach for 20 years, with the past season as his only losing season with a record of 5-6.