Dog Days for Michigan Police Reserve Programs

[XLFD]

Two communities in Michigan have recently had some positive changes in correcting unconstitutional police forces that had crept into their communities:  reserve police officers (RPOs).  Some of the ideas behind RPOs are good; the costs involved in keeping them, the safety involved by having extra officers in responses, more flexibility and skills within the department. 

 

But the biggest weaknesses of most reserve police forces is their lack of legislative oversight, lack of professional standards, and the lack of accountability.  These forces generally are not governed by anybody or any law outside the chief of police of their jurisdiction, who generally have great leeway in creating RPO forces and dictating what powers, rules to follow, and minimal training they need or receive.   

 

These RPOs in general, may look exactly like a regular officer and carry all the weapons and use all the resources that regular officers use, yet their experience and training may not even come close to the standards we want to expect from those entrusted with police powers.  And yet, the State of Michigan, and even most local government units the RPOs represent, have given these officers any such power.  It is a situation that gives liability insurers of these local units nightmares, and so they may just drop their coverage if the RPOs are causing real or perceived problems.

 

Ludington

 

Ludington has their own reserve police force, consisting of twelve officers, just a little less than their full-time force, and they have been a well-kept secret for the most part until one of the ran for mayor and won.  This victory had the Ludington Police Chief Mark Barnett promote the new mayor, Ryan Cox, to be a sergeant in the Ludington Reserves at the beginning of this year.  So far, they have only been playing off each other at council meetings, and ignoring any criticism of the obvious conflict in their duties and chain of command.

 

It has also led to the city withholding public records concerning the Ludington RPOs until some pressure was applied by a citizen who thinks this relationship is a clear violation of the Incompatible Public Offices Act, which has always considered holding the office of mayor and police officer simultaneously unlawful.  Mayor Cox has refused to give up one position since he was sworn in as mayor, a couple years after being sworn in as a Ludington reserve officer.   It's funny how he can serve as mayor with powers dictated by and a duty to uphold the city code and charter, and yet serve in direct opposition to the charter by being on an illegitimate police force.

 

 

Ludington, Barry Township and Oakley (the three Michigan entities spotlighted here), have large RPO programs, their police chiefs have all been unwilling to give the public the specifics of the RPOs or public records dealing with these forces, and they sincerely believe in their own personal army's effectiveness so much that they eschew having the local governing bodies writing any rules or standards for them-- or even the state, which has intervened in Oakley.   Meanwhile in Barry Township, some heads have rolled...

 

Barry Township

The Hastings' Banner's Constance Cheeseman reported with her usual skill what happened at the Barry Township Board meeting where the topic was what to do with their police chief now that the reserve force he had was disbanded.  Over 90 minutes of public comment had both sides input, but what was settled as to have a personnel review meeting for Chief Pierce later in the week, which turned out to be Thursday, August 7. 

 

Unfortunately, Cheeseman had no coverage of that meeting, but many news agencies did cover that meeting, which lasted several hours, had a couple of closed sessions, and wound up with Chief Pierce resigning, and the board accepting it.

 

 

DELTON, MI – Barry Township police chief Victor Pierce (above) announced his resignation in a letter read by his legal representation after his personnel review before the board Thursday evening.

Pierce left Delton-Kellogg High School's auditorium immediately after his resignation letter was read and did not offer any further comment. As he exited the building, a crowd of dozens clapped and a few yelled "Thank you, Victor!"

In the letter, Pierce noted a frayed relationship between himself, the township board and the community. He expressed gratitude for his time in the position.

"This is a sad day for us, they have not gotten a victory here," said Delton resident Elizabeth Wetherbee, one of Pierce's supporters.

Barry Township Supervisor Wes Kahler said a transition plan is in place and the board plans to share the details of it Friday.

The announcement of Pierce's personnel review came at Monday's Barr... where his future as police chief and the status of his currently suspended reserve officer force was the main topic of interest.

At that meeting, roughly 30 people spoke for approximately an hour during public comment sessions, the majority of which were not supportive of Pierce.

One man read a letter Monday written by members of the Barry Township community that called for his immediate termination on the basis of failing to live up to his contract. Many in Delton have called for Pierce's termination after multiple complaints related to his 34-person reserve police force, including issues of harassment and excessive force.

http://www.mlive.com/news/kalamazoo/index.ssf/2014/08/barry_townshi...

Oakley

 

The Michigan Commission on Law Enforcement Standards (MCOLES) has commanded the village of Oakley to produce a variety of documents regarding the reserve officer program, which has allegedly 100 police reserve officers for this small village of 300 people.  MCOLES requests documentation about the police force, donations made by law enforcement officers and records related to the village board and police chief.

 

The Michigan Municipal League in March had notified the village it would be dropped from insurance coverage because of the number of lawsuits filed against the village and its officials and because of the police department's lack of cooperation. 

 

 

Oakley Chief of Police Robert Reznick has said his reserve force is there to help the about a dozen certified police officers. Reznick said some reservists have never been to the village, but they are prepared to help in case of an emergency. Many of the reserve police officers live outside of Saginaw County and make donations to the village, he said.  As reservists, they are able to apply for expanded concealed pistol licenses that would allow them to carry hidden firearms in places including churches, schools and stadiums.  This has caught the attention of MCOLES and the Michigan Attorney General's Office. 

 

MCOLES Executive Director David Harvey said he could not comment about the case or say if Bolf had produced the documents. He said MCOLES has been in talks with the village.

The subpoena, signed by Harvey, asks for the following records created since January 2008 for inspection and copying:

• Records identifying the names and current or last known address of law enforcement officers. 
• Records identifying the amount and type of monetary and in-kind donations made by law enforcement officers to the village.
• Records of the language and terms of ordinances, motions, resolutions, and other measures approved by a majority vote of the village council with respect to employment, appointment, conveyance of authority to, or acceptance of volunteer services from, law enforcement officers. 
• Records of the language and terms of ordinances, motions, resolutions, and other measures approved by a majority vote of the village council with respect to instructions, directives, orders, and the conveyance of authority to, Robert Reznick. 
• Records concerning actions taken by Robert Reznick to establish the employment, appointment or acceptance of volunteer services from law enforcement officers. 
• Records concerning law enforcement officers' compliance with the minimum employment standards for law enforcement officers published by the Michigan Commission on Law Enforcement Standards.

 

The Saginaw News and Oakley residents have both been denied FOIA requests regarding these topics, a case that is now being argued in the Michigan Appeals Court.  The local circuit court would only allow the names of past members to be released.

Read more here:  Saginaw News: Michigan agency commands Oakley clerk to give names o...

There could be some good news in the future; a new bill to address oversight of reserve officers may be coming up this very week in the state legislature.

[Willy]

I hope the legislature gets it right. There may be a need for reserve officers but not if they are untrained and or mentally incompetent. Good report X.

[XLFD]

My opinion is that if a locality has a need for a reserve officer program, it should be organized by the city/village council as a method to cut costs in providing quality police services.   Police chiefs organizing a permanent unlawful force that only answers to them is a recipe for unnecessary liability and mischief.  Oakley and Barry Township shows that.