Nuesse's lawyer: Where are records?

SANDUSKY While police Chief Kim Nuesse awaits a decision from city manager Matt Kline, her attorney
Sandusky Register Staff
May 24, 2010



While police Chief Kim Nuesse awaits a decision from city manager Matt Kline, her attorney says he is still waiting for public records from the city.

Nuesse's attorney, K. Ronald Bailey, said he has yet to receive all of the documentation he requested from the city at the beginning of June.

Bailey said the city sent him some materials via e-mail last week.

"But it's not what we asked for," he added.

Bailey said there are documents related to the 2005 WiFi grant that were on Nuesse's desk the day she was placed on paid administrative leave.

"We knew those papers were there," he said.

Bailey said those documents would clear up any allegations Nuesse falsified information on the federal grant application.

The Rev. Tom Darden, political chairman of the Interdenominational Ministerial Alliance, said his group is also waiting for responses from the city.

"We have not received all the materials yet," Darden said Friday morning.

The Alliance asked the city to defer taking any action regarding Nuesse until June 23. Darden said the group never received a response to that request.

Though the commission voted to request the Alliance conduct an investigation in conjunction with the Ohio Attorney General's office, Darden said the group has not received any communication from the city to that effect.

Darden said the group's advisor is working to compile a list of all the materials not yet received from the city. He expects that list to be completed by early this week.

All record requests sent to the city are being referred to attorney Margaret Anne Cannon, according to the city law department.

"As far as I am aware, all of those documents have been turned over," Cannon said Friday afternoon.

Cannon said she was informed by acting Chief Charlie Sams that all of the documents that were on or in Nuesse's desk have been copied and given to Bailey. She said there was a tremendous amount of paperwork that the city provided to Nuesse and Bailey.

As for Darden and the IMA, Cannon said there are no outstanding requests she is aware of.

"If I'm wrong about that, obviously we're glad to address his concerns," Cannon said.

By the numbers: Investigation costs paid from police dept. funds --

Murman and Associates (Lakewood, Ohio) $12,500

North Coast Investigative Consultants (Bay Village) $9,908.52

Downes, Hurst & Fishel LLP (Dublin, Ohio) $255

Total: $22,663.52

Nuesse Timeline

Aug. 7, 2006 -- Kim Nuesse becomes city's first female police chief.

Sept. 2006 -- Nuesse receives parking ticket while on duty in unmarked car. The ticket is voided by Capt. Gary Frankowski.

Feb. 12 -- City leaders attend Perkins Township Trustee meeting, urging trustees to work on joint dispatch system. Commissioners tell the trustees they will return in two weeks with a joint dispatch proposal offer and would like a response from the trustees within two months.

Feb. 26 -- Commissioners Murray, Stahl and Crandall, law director Don Icsman and fire Chief Mike Meinzer meet with Nuesse and Sams at the Sandusky fire station. Kline participates via speaker phone. Nuesse characterized the meeting as an "inquisition." Stahl and Murray say the meeting was professional, but Crandall did ask pointed questions of Nuesse and Sams.

Later that day, Crandall, Murray and Stahl deliver an announcement to township trustees that since Perkins cannot comply with the city's timeline, the city will pursue dispatch options with the county.

Feb. 28 -- Nuesse said she believes her job is on the line. Kline says her job is not in jeopardy.

March 12 -- Nuesse returns from a scheduled vacation and is placed on paid administrative leave.

March 15 -- Nuesse describes investigation as a "fishing expedition."

April 17 -- Nuesse files lawsuit against the city, requesting any and all documents generated by the investigation.

April 21 -- Bailey confirms that Nuesse filed a complaint against the city with the Equal Employment Opportunities Commission.

May 3 -- Erie County Common Please Judge Roger Binette rules that Nuesse is not entitled to documents generated by the investigation before being interviewed by investigators.

May 4 -- Nuesse interviewed for five hours by investigators.

May 5 -- The Interdenominational Ministerial Alliance announces it intends to seek the recall of commissioners Murray, Stahl and Crandall. The group also demands that Nuesse be reinstated and a truly independent investigation be conducted.

May 9 -- Kline receives partial report from Murman and Associates.

May 13 -- City commissioners approve an investigation to be conducted by the IMA in conjunction with the Ohio Attorney General's office.

May 28 -- City releases Murman investigative report to the public.

June 3 -- Eleven supervising police officers write a letter to city commissioners saying they can no longer trust or respect Nuesse.

June 4 -- Kline gives Nuesse notice of a pre-disciplinary hearing and outlines 12 charges against her.

June 7 -- IMA releases preliminary investigative report questioning the credibility and impartiality of the Murman investigation.

June 9 -- Commission has a split vote on a motion to throw out the Murman report.

June 10 -- Nuesse submits written response to charges lodged against her.