Documents Show Questions About Ex-Chief's Performance; Whistleblower Suit Continues

Former police chief Robert Leman filed a whistleblower lawsuit against Shelby Township last month, claiming he was fired for investigating several Board of Trustee members.

Leman's employment files have been sealed because of the pending case, but documents obtained before the suit by a Shelby Township resident and shared with Shelby-Utica Patch show several board members explaining why they chose not to renew the ex-chief's contract.

Meanwhile, Leman contends he was fired for investigations into officials' conduct that some of them may not have liked.

"The chief’s action of turning over investigation was his whisteblowing, and he was terminated for it," said Leman's attorney Joseph Golden with Pitt MeGehee Palmer Rivers and Golden, P.C. of Royal Oak.

Leman’s three-year contract was not renewed in September 2011 .

In memos sent to the Human Resources Department and to Leman after his contract was not renewed, Supervisor Rick Stathakis and Trustee Paula Filar said they saw a lack of initiative on the police chief's end.

“To my knowledge, Mr. Leman has not been proactive in any attempts or ideas to create cost savings for the police department over the years,” Filar stated in her evaluation.

Stathakis referenced an done on the police department.

“Lack of consistency, transparency and completion in the reporting of towing records to the Township Supervisor,” Stathakis’ report stated.

The documents, which were sealed after Leman filed the whisteleblower lawsuit on Nov. 28, 2011, were obtained before the suit through a Freedom of Information Act.

Trustee Lisa Manzella, who voted in favor of extending Leman's contract, wrote in a memo to Human Resources that she believes Stathakis misled board members. Manzella claims Stathakis told the board that the chief's contract was not renewed because Leman had an unsatisfactory past performance board members were not aware of.

"I do not believe this to be true," she said in her letter.

Whisteleblower Claims

Leman contends he was fired for investigating complaints against township officials.

The lawsuit states Leman was granted multiple extensions and contract renewals since 2001, when he started working with the township as the police chief.

In September 2009, Leman launched an investigation into a criminal compliant allegedly involving Treasurer Paul Viar. The complaint alleged Viar made a threatening phone call to a planning commissioner to influence a rezoning vote. According to the lawsuit, the chief’s performance was called into question after that 2009 incident.

Later that month, Leman launched a separate investigation that alleged Stathakis accepted an inappropriate monetary gift.

The case, dubbed by some as “giftgate,” alleges a developer gave a $500 gift to an assessing department employee. When the employee allegedly approached Stathakis for advice on what to do with the cash, Stathakis took some and said he was going to donate it to his church. Stathakis has denied the allegation.

Both investigations were turned over to the Macomb County Prosecutor’s Office, but no charges were filed in either case.

In September 2010, Leman was given one-year contract rather than three years, and the board said sweeping changes needed to be made.

According to Filar’s evaluation, she had not spoken to Leman since she called him in 2010 to express that she wanted status updates on Leman’s progress.

"Immediately after the Board meeting when he was awarded a one year
contract, I gave Mr. Leman a follow–up call. During that conversation,
I explained how disappointed I was that at the meeting he did not come
forward to accept the one year contract and failed to let us know that
he would work diligently to meet our collective expectations over the
coming year,” she said. “In fact, that was the last conversation I had with Mr. Leman in a year’s time. Over the past 12 months, he has never contacted me to
talk or even ask if he was on track and meeting my expectations for
departmental operations."

Filar also stated Leman did not work collaboratively with the Board of Trustees.

“It is the police chief’s duty to be on the side of management, in this case, the Board of Trustees, and be in the ‘hot seat’ to develop a good relationship with his work force. However, Mr. Leman has not met my expectations in this area. In my opinion, he has not only stood against the Board; he has also planted firmly on the side of his work force and their demands,” said Filar in her evaluation.

Leman’s previous one-year contract expired on Oct. 1, 2011,

“He should right now be starting his three-year contract as chief if it weren’t for retaliatory motivations,” said Golden.

Leman is suing the township for monetary damages. Golden said he is going to try to recoup the lost value of Leman’s three-year contract, which included wages and benefits, which are in excess of six figures per year.

“In retaliation for the Plaintiff’s decision to report Viar’s and Stathakis’ suspected unlawful activities, Viar and Stathakis, who were both Shelby Township Board of Trustees members, voted against extending/renewing Plaintiff’s contract, and influenced and persuaded three other board of Trustees members to do the same,” the lawsuit states.

In Stathakis' documents, his grievances against Leman ranged from the former chief’s lack of media relations policy and inter-departmental communications, to his employee disciplinary procedures, and failure to notify the supervisor of his vacation plans.

"I wanted to give the evaluation to him to let him know how I felt," Stathakis told Patch last week. "I think my opinion is very clear in the documents. I have no further comment on this."

Golden told Patch his client is aware that a lot of allegations about his job performance will fly during the lawsuit, but he is confident enough to forge ahead.

Editor's Note: This story has been revised. An earlier version incorrectly characterized Leman and Filar's relationship.