Civil and criminal issues remain from employment of uncertified deputy
BRANCH COUNTY — Civil and criminal liability questions remain after the prosecutor and courts dismissed over four dozen tickets, three felonies, and 14 misdemeanors because former Branch County deputy Timothy Patrick Hann was never a certified officer.
Branch County Prosecutor Zack Stempien and Circuit Judge Bill O'Grady outlined legal issues caused by the hiring process, failure to follow state law, and Hann's actions in a hearing Friday.
MCOLES requirements
The Michigan Commission on Law Enforcement Standards licenses all police in Michigan.
License information is stored in a computer database, and officers or agencies can access the information by phone or online.
When departments employ new officers or those coming from other agencies, MCOLE's Rule 28.14205 states that a three-step process must be followed.
The first is to file an application to employ the officer with MCOLES.
The second requires that "after receiving notice from the commission that compliance with the standards has been verified, only then" can the department employ an officer vested with police authority.
The third step requires all proper paperwork go to MCOLES.
In 2017, then Gov. Rick Snyder signed new legislation to track police officers after media reports of "wandering cops," those with problems at one department moving onto another.
The legislation mandates police departments maintain documentation detailing why an officer leaves an agency.
Sheriff John Pollack said he checked with Jonesville Police, where Hann worked until June 2022.
The sheriff said in the separation report there were policy violations, but none were criminal or considered drastic in that department's opinion.
MCOLES did not activate Hann's certification after Pollack filed Hann's application.
After discussing the matter with the MCOLES director, the prosecutor said, "The hiring agency has the obligation to confirm that the MCOLES license has become active and been granted before they put the police officer on the road."
Legal implications
Stempien noted in court that the hiring agency has "to swear under the rules of perjury that they have completed that background check, and that the person meets the standards and qualifications to be a certified police officer in the state of Michigan." That includes an active MCOLES license.
Pollack called the fact MCOLES did not clear Hann "a misunderstanding."
O'Grady said that public officials' failure to ensure the legality of officers is a crime. "Willful neglect to perform that duty is a crime," he said.
Stempien reached out to Michigan State Police to investigate Hann's hiring. MSP assigned an out-of-district detective lieutenant to the case.
When the report is received, Stempien said, "Our office will refer this case to the Michigan Attorney General's Office for further legal action."
Civil liability
Pollack's misunderstanding could open Branch County to civil liability. Usually, a police agency is immune from legal action for enforcing the law.
Michigan Appellate Courts ruled that immunity goes away if the police officer is not properly certified or hired.
The prosecutor warned that some of those arrested may have claims against the county for illegal arrest.
Hann's liability
Hann faces possible criminal charges, O'Grady explained in court.
Hann swore in affidavits when issuing tickets and for blood draw search warrants that he was a fully authorized law enforcement officer. That could be an issue of perjury, the judge said.
Because Hann was not a licensed police officer and had no Concealed Pistol License, any time he entered a patrol car with a weapon, he violated Michigan's concealed weapons law, the judge said.
Stempien wants to review Hann's termination from the correction department on March 1 over an incident with a juvenile in the jail.
The prosecutor said he heard two different stories: one about Hann joking around and the other about Hann being serious during a confrontation.
Both stories confirmed Hann pulled a taser and told a Branch Area Career Center criminal justice student working at the jail, "I'm going to taze your privates off," Stempien said. The incident may be a criminal assault or a civil action.
The separation report required by MCOLES said Hann was terminated for violation of policy with excessive use of force with a taser.
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O'Grady praised Stempien for ensuring justice and compliance with laws.
Stempien said in a written statement, "This office will continue to ensure that all citizens, businesses, and law enforcement personnel are complying with Michigan law and abiding by its requirements."
-- Contact Don Reid: dReid@Gannett.com
This article originally appeared on Coldwater Daily Reporter: Legal questions remain until MSP report on hiring of uncertified deputy
