Dr. Frank Kardasz (Ed.D)

Kardasz: The following saga of the tumultuous situations involving the Milan, Michigan Police Department is an interesting example of the challenges of administration and labor-relations.

Police Chief responds to allegations of misconduct

From the Milan News Leader / Kym Boelter-Muckler / October 6, 2005 Milan,

Michigan Milan Police Chief Mike Stuck refuted charges of misconduct leveled against him by his entire police force. "They've falsely accused me and they've been assisted by city employees, city residents and members of Council to further their cause," Stuck said. "What they have done is create a mutiny. They have been vindictive, they have been vengeful, and yet they expect me to act as if nothing has happened. Being honest and having integrity and upholding the Law Enforcement Code of Ethics requires that you tell the truth not twist it to your own device so you can falsely accuse and personally attack my family and me."

Stuck indicated that he would like to address every accusation but couldn't due to current investigations, pending investigations, and on the advice of his attorney regarding the accusations of embezzlement with the Police Breathalyzer Test cash box.

But the chief did address each accusation listed in a vote of "no confidence" document submitted to City Administrator Mike Czymbor by members of the Milan Police Officers Association on May 16, of 2005.

Stuck said that the "no confidence" letter accused him of putting citizens in jeopardy because he ordered the stand down of law enforcement personnel at a reported bomb incident with possible explosive devices on March 13, 2005.

"We were assisted by the Monroe County SWAT team and the Michigan State Police Bomb Squad who removed two devices, which were found to be plastic tubes taped together," Stuck said. "Since the devices were not real explosive devices, I called the on-duty prosecutor who couldn't advise charges at the time. After a lengthy discussion with the on-scene commanders, the Monroe County SWAT team and Michigan State Police Bomb Squad; nobody knew of any charges that could be filed, so the State Police said that without the backing of the prosecutor they couldn't justify knocking down a door, so they left. The decisions we make at the scene are based on the whole picture of facts that we have to deal with at the time. It was later determined by the prosecutor that there were some charges that were in fact later filed," he said.

Stuck also addressed the MPOA's complaint that he unfairly limited Internet access in the Police Department to command officers only. "The Internet is city owned and not to be used for personal use. They leveled a personal attack on me that I've taken away a valuable law enforcement tool, but they failed to tell you all the reasons the Internet was taken away," he said. Stuck indicated that several command officers and dispatchers had connected an X-Box Video Game to the city's Internet system and were playing video games while on duty, and shopped on e-bay and conducted personal business instead of assigned work while on duty. In addition, some were operating their privately owned businesses over city owned Internet service at the police station while on-duty, he said. "Some privileges were taken away because some were doing their school work instead of their assigned work," Stuck said.

Other allegations were addressed including the most recent one involving the chief's alleged withholding of a $7,000 donation check meant for the MPOA for SWAT team equipment for an officer requesting to join the Monroe County Special Response Team.

From May 12 to June 6, the chief was placed on administrative leave because the MPOA said they suspected he was "mentally incompetent." As a result of that complaint, the chief underwent a battery of psychological tests, and was subjected to two full days of questioning by the city attorney, he indicated.

"The outcome of that investigation according to the City Attorney was that the allegation was without merit, and the psychiatrist declared me more than fit for duty," he said. During the administrative leave the chief was barred entrance to the police station, police e-mail, or phone messages, nor was he allowed entrance to his office. He was not allowed to open any correspondence or packages that were sent to his office during the two-week administrative leave.

At the Sept. 26 Council meeting, MPOA Secretary Officer Mike Butler told the City Council that the chief deliberately circumvented a check for $6,787 made out to the MPOA for equipment for an officer to join the Monroe County Special Response Team. Butler did not indicate that the chief was out of the office on administrative leave for part of the time that the check was allegedly withheld. Butler said the envelope was addressed to the Milan Police Department to the attention of Sgt. Pete Campbell. But, Monday night Chief Stuck presented the actual envelope, which was addressed to the Milan Police Department only, and not addressed to Sgt. Pete Campbell, who is not a member of the MPOA, Stuck indicated. "While I was on administrative leave I learned that Sgt. Pete Campbell called the Monroe County SRT and ordered the equipment without my authorization," Stuck said. "I was not ready to authorize the officer to join the Special Response Team until several questions could be answered dealing with jurisdiction, over time pay, liability, and whose standard operating procedure would he operate under." In addition, at the Sept. 26 meeting, Officer Butler alleged that after several weeks a check for $6,787 was expected from a benefactor but was never received. The donator was contacted and another check was mailed in. "On July 11, the chief called officer Tory Terrill into his office and presented the original check that was the donation to us. For 56 days the chief held the donation check and gave no explanation why. He said that we needed to take of it appropriately." But Chief Stuck indicated that the conversation with Terrill was slightly different than Butler's recounting. "When I met with Tory Terrill on July 11, I told him that I felt the SWAT team equipment should be the property of the police department in case the officer should leave, we would have it here for another officer to use if he wished to join the SWAT team," Stuck said. "But, Mr. Terrill told me that the check was the property of the MPOA and they could use it any way they wanted to use it. Once again they used this incident to further their cause."

Stuck said that during his administrative leave he received hundreds of pieces of correspondence, faxes and messages to sort through, and he found it "highly disturbing" that the officers didn't just go look for the check but instead appeared to plan the situation ahead of time to further their cause.

Also, Stuck addressed other allegations of "an appearance of impropriety" regarding his purchasing a 1995 Oldsmobile Cutlass that was obtained by the Police Department through the Drug Forfeiture Act. The chief purchased the vehicle for $1,800 through a sealed bid process, which followed the city ordinance procedure, he indicated. "Anyone had the opportunity to bid,'' he said. ”Sgt. Tim Casey was assigned to determine the fair market value for the vehicle, then pass the information on to the DPW director who turned it over to the city clerk, per the Milan city ordinance. I don't set the policy and neither do they but they'd like to as their letter states. They say I don't have the right to bid on forfeited vehicles, but anyone who has access to a newspaper has the right to submit a sealed bid. The vehicle was disposed of according to the ordinance."

Stuck said that the MPOA members characterized him as "erratic" and "irrational" but he said that two years ago he had been diagnosed with Type II diabetes. His insurance carrier changed his prescription to a generic brand without his knowledge and the change caused "tremendous" medical problems. Stuck indicated that type II diabetes affects the breakdown of sugar in the blood and can cause mood swings, fatigue among other medical complications. "At that time after discussing this with my family, and doctors, I advised my commanders of my condition, and told them what to look for if my blood sugar was too high or too low and unfortunately they abused it to say that I was acting erratically. They abused my medical condition to further their own hidden agenda.

They failed to tell you how they fail to say hello or goodbye to me in the hallway. One of them super glued the lock shut on my locker in the locker room. I've dealt with missing items from my door and office."

The final "no confidence" complaint was an accusation that Stuck threatened to place officers "on investigation" when there was a disagreement or scheduling conflict or contract issue. "They claimed I was retaliating by threatening to put them under investigation, but I don't threaten to place anyone under investigation because of disagreements," Stuck said. "I won't hesitate to act if their conduct warrants it." Stuck read a statement at the Monday night Council meeting where he addressed these issues and stated that the only persons who've spoken to him about any of these issues so far are the city administrator, Mike Czymbor, and City Attorney John Martin. At the end of the meeting, longtime Milan resident Pete Blaine said, "To me the chief has always been a good man. When you are a supervisor, you have to make some tough decisions and not everyone is going to like them. But should we let the inmates run the asylum?" Mike and Marla Stuck are determined to weather the current storm. "I have no hidden agenda. I have done nothing wrong," Stuck said. "When I leave my position, I will leave on my own—not because of these false accusations."

Retrieved January 2, 2006 from http://www.milannews.com/stories/100605/loc_20051006003.shtml

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Milan reverses dispatcher's firing - Armitage will collect pay through year's end, then resign

From the Ann Arbor News / Wednesday, December 7, 2005 / By Chong W. Phen

The city of Milan reversed the Oct. 14 firing of police dispatcher Michael Armitage and agreed to pay him through the end of year so he can resign to start serving on the Milan City Council in January. The settlement between the city and the Police Officers Labor Council was announced Monday by acting City Administrator Sherry Steinwedel during the City Council meeting. His records will be cleared of any reference to discharge. "I am very glad that this is finally resolved,'' said Armitage, 22, who was elected to a four-year term on the council last month. He said he is looking for another job in public safety outside Milan's city government since a City Council member cannot hold another city job.

Under the union settlement, Armitage will not go back to his old $29,000-a-year job because it's already filled. The unemployment benefits he has collected will be deducted from his back pay. In all, reversal of his discharge, including fringe benefits, will cost the city $3,800, Armitage said. Armitage, who is a senior in public safety administration at Eastern Michigan University, was fired by then-Police Chief Michael Stuck, who said Armitage violated department rules and regulations when he attended a city department head's farewell gathering.

In addition to firing Armitage, Stuck suspended Sgt. Tim Casey and officer Tory Terrill, president of the Milan Police Officers Association, for two days without pay, accusing them of insubordination. The three had been active in a rank-and-file drive to oust Stuck. They criticized his administrative and leadership qualities, alleging mismanagement, communication breakdowns and "erratic behavior.'' Stuck denied the charges, labeling them "personal attacks'' and "false accusations.''

Both Casey and Terrill will get back pay for the two days they were suspended. The department's top senior officer, Sgt. Peter J. Campbell, retired earlier than planned to avoid a disciplinary action. Stuck and City Administrator Michael Czymbor resigned Nov. 14, 2005 in connection with their handling of the police department upheaval. Steinwedel is serving as acting city administrator, with Casey heading the police department, until permanent replacements are named.

Mayor Owen Diaz said the settlement will allow the city to move on after the controversy. "We just want to avoid any more expenses and trouble to the city so we can start with a clean slate'' in January, said Diaz.

Chong W. Pyen can be reached at cpyen@annarbornews.com or (734) 994-6828. -

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Kardasz: Further media reports indicated that in November 2005, Milan City Administrator Michael Czymbor and Police Chief Michael Stuck resigned. John Martin, who worked as city attorney for the past several years on a contractual basis, terminated the relationship after Dec. 31, 2005.