Wayland Police Chief Dan Miller is Fired

[XLFD]

WAYLAND -- Police Chief Dan Miller, suspended since early January from his long-time job, was told Thursday that he violated city policy 32 times in the past.

The notice of the violations, presented to Miller by interim Wayland City Manager Terry Hofmeyer, came as Miller is to learn today whether he keeps his 26-year job as Wayland police chief.

Miller said the alleged policy violations are minor and most are related to earlier allegations involving a state police probe over possible mismanagement of confiscated evidence.

The state Attorney General's office recently cleared Miller of any criminal wrongdoing of the allegations. In one instance, he was accused of keeping a seized GPS unit for his own use.

Miller was cleared more than a month ago, but he remained on paid suspension by the interim city manager pending an internal investigation of other possible wrongdoing.

Many community members have come to his aid, packing City Council meetings to urge the board to reinstate Miller to his full duties.

Miller said Thursday that he had a "predetermination" meeting with Hofmeyer that lasted less than five minutes. During that meeting, he was handed a list of 32 alleged policy violations that happened in the past and asked for any comment.

Miller said he did not know what would happen today with the city manager's decision, expected to be released to the media mid-morning.

He considers all of the alleged violations to be minor. Some involved his service of a personal protection order notice and others involved investigative document he had taken home to study.

Miller has a 40-year career in law enforcement, including 26 years as chief of Wayland police.

http://www.mlive.com/news/grand-rapids/index.ssf/2012/04/suspended_...

 

WOOD TV confirms that Dan Miller has confirmed his firing this morning.  The Ludington Torch has been following this story since the beginning of the year, and this looks to be just the start of a brewing controvery.  Will this turn out like the brouhaha about a decade ago where the Chief prevailed over a corrupt City Manager?  Or have the tables turned on the Chief? 

Read more here at: 

 http://ludingtoncitizen.ning.com/forum/topics/wayward-and-waylaid-i...
http://ludingtoncitizen.ning.com/forum/topics/the-tail-wayland-the-dog

 

In case you missed it the first time.

 

[XLFD]

Wayland City Council to meet tonight in new facilities to accomodate the public in wake of the first meeting after Chief Miller's firing.  If it's like the previous two meetings, it will be packed with concerned citizens.  Wayland officials, ignore them at your own risk!

City Council meeting site moved to Baker Elementary
Submitted by editor on Sat, 05/05/2012 - 13:19  Wayland Town Broadcast 
The location for Monday night's (7 p.m. May 7) Wayland City Council meeting has been moved to the Baker Elementary School on West Sycamore Street, perhaps to better accommodate large crowds in the wake of the firing April 20 of Police Chief Dan Miller.
A large group of citizens plans to gather in downtown Wayland near City Hall at 6;30 p.m. to show support for Miller and to ask new City Manager Michael Selden to reinstate Miller. The council's two meetings in April, on the 2nd and the 16th, were packed and standing room only because of the controvery over the firing of the popular chief, who had served the city for 26 years in that capacity and even longer as a patrolman and a sheriff's deputy.
Some people already have reacted to the move with surprise because in the past meetings with anticipated large crowds were held in the public safety building at the corner of West Superior and Church streets.
Miller was fired by interim City manager Terry Hofmayer for repeated violations of city policies and codes of conduct. A previous State Police investigation of alleged mishandling of confiscated property seized from suspects revealed no criminal wrongdoing.
Since the firing, an on-line group has used social media to gather more than 600 petition signatures, some from people who outside the city, to ask Selden to reinstate Miller. The city manager is the person who is responsible for hiring and firing the police chief under terms of the city charter.
Selden last week indicated that nonetheless he plans to hire an outside person to be interim chief until a final decision can be made about a new permanent full-time chief.

[Dave]

Apparently at least some of the residents of Wayland want the chief back

Wayland residents: Bring back the chief

Supporters want Dan Miller returned to former job

Updated: Monday, 07 May 2012, 11:48 PM EDT
Published : Monday, 07 May 2012, 11:35 PM EDT

• By Crystal Hilliard

WAYLAND, Mich. (WOOD) - More than 100 supporters packed the Wayland city council meeting Monday night, holding signs and wearing tee-shirts. About a dozen even stepped to the microphone in support of their former police chief, Dan Miller.

"I don't like to see somebody get railroaded like that," one man said. "I love Chief Miller," another woman said. "I want Chief Miller back. Chief Miller does his job like he says he does."

The only person missing from that meeting was Miller himself.

The former interim city manager Terry Hoffmeyer fired him on his last day on the job. Miller has said that losing his job was "a conspiracy." Hoffmeyer alleged he misused police property and violated a direct order.

One of those alleged violations was telling an officer to serve a personal protection order against the ex-husband of the chief's live-in girlfriend. That ex-husband said he can't support Miller because he won't admit what he did was wrong. He said he went to the city and asked officials to tell Miller to leave him alone.

"He agreed to stay out of my business with his girlfriend and my children. He decided not to. He crossed the line," said Phil Convissor.

A community activist countered that claim:

"The chief did not serve the PPO. The court in Allegan issued the PPO, delivered it to them and asked them to do it. The city told the chief he couldn't be involved so he handed it off to one of his officers and said 'take care of this,'" Mick Lane said.

Miller was investigated by the Michigan State Police for misuse of confiscated property, but the investigation cleared him of criminal wrongdoing.

24 Hour News 8 asked new city manager Michael Selden if the abundance of support would influence his decision. "Unfortunately, it really can't," said Seldon. "You do take in comments to consider but ultimately, it comes down to a decision based on the policy."

Selden and Miller will meet on Wednesday, as part of the appeal process. Selden said he'll announce something by the end of the week.

Meanwhile, Miller is still deputy fire chief and vows to keep fighting for his other job back.

[XLFD]

I was just looking at that article when you posted it, Dave.  But here's the supplemental to that from Wayland Townbroadcast. 

The new City Manager's comments should illustrate to anyone why the City Manager system is a joke.  Almost everyone in the community can look at the same set of data that the CM is looking at, and say B.S., but he can make a very unpopular decision without fear of being recalled or voted out of office-- in fact, he will likely be rewarded by the City Council and Mayor for doing their 'dirty work'.  You will see one of our new member's, Phil Convissor Sr., making his case in this video, as he does in your WOOD article.

Wayland residents: Bring back the chief: woodtv.com

[XLFD]

Just so our Wayland contingent won't be wondering what happened to our coverage of Dan Miller, the Torch has made two FOIA requests of Wayland, and they have invoked their ability to extend the period in which to respond for both. 

These are not tough requests I made, but they are for things which they may try to keep secret from the public at large-- as per the usual M.O. for 'unhealthy governments'.    

[Phil Convissor]

On the TV 8 coverage of the protest, on my part, I was looking directly at the crowd, not the council, I was not only pissed at the thought of a once reputeable person who, thru his own misguided use of authority threw his own career away when he "Cossed the line" between me and my children.

What also pissed me off was their blank faces, they were like a bunch of lemmings, there from peer pressure, thay had no clue.

[AQUAMAN]

I'm still not taking a one side position, I see both sides of this issue, and am saddened at the continuing circus atmosphere. Having said that, on the government side of this, the people's wants and choices still are being violated, they pay the Chief's salary, and have a right to be heard, and to have action taken to their liking. The flimsy alibi of policy is weak. The ability to postpone FOIA requests is also showing an unhealthy government. Maybe it's time the people got serious and starting recalling the entire council and Mayor, and get the healthy government back that is sorely needed at this time, and for which those citizens are paying for.

[XLFD]

Phil,

In the article Mick Lane said to refute your claim: ""The chief did not serve the PPO. The court in Allegan issued the PPO, delivered it to them and asked them to do it. The city told the chief he couldn't be involved so he handed it off to one of his officers and said 'take care of this,'""

Perhaps their blank faces reflected what they thought of your point about crossing the line.  They don't get it either.  I would like to commiserate with your points Phil, but I think your objectivity to the situation is skewed by your closeness to it.  Would you have rather had Chief Miller refuse to have the WPD serve the court-ordered PPO to yourself?  Do you think he should have delivered it? 

You seem to have problems with the duty of process service, but you are not explaining away why a judge thought that you presented a threat to others?  Was there any motivation beyond what you claim as 'parental alienation' to the creation of this latest PPO?  Any threat or perceived threat posed by you?

[Hanne Convissor]

none what so ever, I should know. Being that he has been with me for the last 12yrs. She is very good at making bogus allegations. But the new judge is not very familiar with the case, so I can see why she didn't have a choice but to sign it. The last judge refused the last PPO because it had to do with parenting time.

[Lisa O'Brien]

But did the court in Allegan know that the city had already told him to stay out of it? Probably not - it was up to Chief Miller to step up to the plate and take the city out of the equation and any resemblance of impropriety and have the MSP serve the order.

[XLFD]

In a judicial 'appearance of impropriety', which is about as strict as you can get, the judge must actually appear to use the prestige of his office to further the private interests of himself or others.  Chief Miller did not use any special prestige of his office to serve PPO process, nor did he see it that way, I'm sure.  Nor do I see any conflict of interest or insubordination in having one of his officers serve the process.  As stated before, I see insubordination and a conflict of interest in the officer and the City Manager using this as a springboard to get the Chief fired, however. 

I hope you realize, from my history here in Ludington and their current top cop, how difficult it is for me to affirmatively defend a City's Chief of Police, LOL.

[Willy]

I might agree with you X If he had  not been told to avoid the PPO situation and if he had not been romantically involved with the person requesting the PPO which by the way involves a situation he himself helped to create, and if he was not the Police Chief who has the responsibility to be the messenger of the courts involving the  personal situation he was involved in. It's only common sense that he should have stayed completely out of anything the court was involved in regarding his girl friend. He should have avoided any degree of participation that involves his girl friend and X, especially when he had already been instructed to do so. The fact that he did not personally deliver the PPO does not reduce his complicity  because his deputies are an extension of his authority and act on his behalf. I'm surprised he didn't understand that. 

[XLFD]

OK, Willy but consider...

For this simple everyday action for the WPD, serving process, to the ex-husband of a friend of his the City states that he: 

1) Violated the Law Enforcement Code of Ethics (Violation 19)

2) Violated the preamble to Rules and regulations (#20)

3)  Violated Article 10 (using position to obtain personal privilege) #21

4)  Violated Article 21 (conduct unbecoming an officer) (#22)

5)  Violated Article 24 (Insubordination) (#23) 

 

The last one is based on conduct with the prior City Manager which might not even be part of the record, nonetheless, it is recorded that they said the Chief was not to handle any more "complaints and follow-ups" regarding Phil's ex-wife/his girlfriend.  A PPO is not a complaint or a follow-up on a complaint, it is an order made by the judge, whose status is not changed by whoever serves the process, whether it be the Chief, anyone who isn't the petitioner, or Letter Carrier Larry. 

If someone around City Hall has such a bug up their butt that they need to make five violations of conduct out of this, and 18 more about property that was legally disposed of, I would bet escargots for lima beans that something eclipsing these violations is being done behind the bricks of Wayland City Hall.  And all that is irregardless of any past issues between Phil and his ex-wife, and anything yet that has come up regarding Dan Miller's involvement with either.