Sandusky to get legal opinion on alleged police search bias

Sandusky officials hired an independent attorney to investigate biased decisions alleged against a commissioner spearheading the ongoing police chief search.
Andy Ouriel
Oct 1, 2012

 

The legal action stems from concerns brought up by commissioners Diedre Cole and Wes Poole.

A month ago, the two accused colleague Pervis Brown Jr. of tainting the search process by disqualifying three acclaimed candidates affiliated with Perkins police.

Brown’s alleged bias against Perkins likely stem from past incidents involving his son, Pervis Brown III, and township officers.

Township police records show Perkins officers arrested or questioned Brown’s son several times over the years, ranging from drug trafficking to suspected shooting incidents.

Some suspect Brown influenced members on his police chief selection committee to reject one past and two present Perkins police lieutenants from advancing on.

Brown immediately dismissed the allegations and defended his actions in public session.

At $150 per hour, city commissioners asked John Reulbach, Avon Lake’s city prosecutor, to review Brown’s conduct and determine any possible unethical behavior.

Read more on this story in Monday's Register.

Comments

wiredmama222

My questions are simple. After this ridiculous investigation is over at $150 per hour of the taxpayer's money, if they find no problem, what happens then? Does this just get chalked up as a "oh well?" so sorry, to bad, so sad! If they find nothing wrong, then Deidra Cole and Wes Poole should resign for costing the taxpayers money we do not have to spend.

On the other hand, if there is a problem, then Pervis Brown should resign for causing a problem and having unduly influencing the committee on this matter.

I do not believe that you will find the latter to be true. I think we will find the former to be true and the taxpayers are going to be out some money for no reason at all.

Here we go. We have to wait again to find a police chief.

Nothing is ever simple here in the City of Sandusky. There seems to always be something or someone holding up the works or costing more money than need be spent. It is totally unnecessary as far as I am concerned.
This is something we need not spend money on when the LEGAL COUNCIL of the City of Sandusky already said the committee followed the Charter.

Why is his word not good enough for the City Commissioners, Deidra Hall and Wesley Poole?

T. A. Schwanger

It appears the investigation is not going far enough. The hired hand should also be looking into why Commish Brown and the Police Chief Search Committee either ignored the Charter or chose not to even research the Charter regarding Police Chief candidate requirements.

wiredmama222

Mr Schwanger....I have decided to edit this comment from the first one I put in here so anyone who read the first one will know this is different.

I believe sir, that you sat right next to me the night this came up and heard Mr. Icman tell the commissioners that the committee followed the City Charter on finding the new police chief.

Where all this hoopla is coming from came from exactly two people....Cole and Poole. They both had the five candidate list in advance and one of them was very unhappy about that list.

Where all this "war" is about came up when there was a discrepancy between the Charter and the ad (NOT ADD Special K). The Charter is what was followed. Ms Cole and Mr Poole cannot have it both ways.

Either follow the advertisement or follow the Charter....the Charter was followed. The advertisement was not followed and was misleading. I would LOVE to know who wrote the advertisement for the
Chief of Police position???? Perhaps if that mess was cleared up, this whole matter would be solved...except in the eyes of Ms Cole, who clearly did not get what she wanted.

Even your friend Ms Johnson stated that if this City should ever want to get another Chief, perhaps changing the Charter would be a good idea. That was mentioned in her blog right after this mess started. I believe you and fireside and car 54 agreed with her.

007

@wiredmama222:
It's very simple,the majority the commissioners aren't qualified to hold their positions, and you are correct, Sandusky will always be in the red for lack of leadership. One thing always comes to mind regardless of any issue we see fit to spend $150.00 per hr. for an outside law firm to make decisions for the city while Icsman just sits there and keeps his chair warm. Explain to me why we need a law director if he is either to remedial to make a legal decision, or afraid to. It has been written many times here in the Register that it is next to impossible to reach Ard. She was supposed to be so great as our city manager, yet I have yet to see ANYTHING she has done to move Sandusky in a positive direction. Secondly, Deidra Cole spends my money as well as the rest of the citizens of Sandusky, being she is in section 8 housing and who knows what other forms of entitlement. Myself and the rest of the citizens pick up her tab, then once again in the same breath have to pay for an outside law firm to make decisions for the city.I suppose when it doesn't come out of her pocket as usual there is less concern on what things cost! The answer is very simple, I would like to see a Mayor instead of 7 people that have 7 different ideas that would be tossed out at any first grade class. I also agree with wiredmama222, since the taxpayers have to pick up the law firms tab, when the findings are in, those that are at fault that were trying to further their own personal agenda SHOULD BE REMOVED FROM THEIR POSITION. Sandusky cannot afford the 7 ring circus with Ard and Icsman as the ringmasters!!!

wiredmama222

I agree with you. A mayor and the council that has assignments instead of all this free wheeling stuff right now. Each council member being assigned work such as roads, parks, police, fire, finance,etc. This is just NUTS.

Darkhorse

I wonder if there is more going on then the people realize like booting Cole and Poole off the commission. I think there could be two things at play here. There is a motive for all this madness and it will be months before we will know just what is going on until it starts to unfold.

wiredmama222

such as? I would really love to hear your thoughts on this? Your posts always have such a great amount of clear thinking. Please tell us what you are thinking now.

Centauri

http://www.ohioattorneygeneral.g... Free legal advice for the city. Save $150 per hour.

wiredmama222

There you go, Centauri....good for you. Save us some money You should run for a council seat.

Centauri

http://www.ci.sandusky.oh.us/Law... Law Director’s responsibilities

007

The city would never use the free legal advice, as in the past they pick and choose at our expense so they can receive the results they desire. I would love to see Erie county exposed like Cuyahoga county was and remove the trash!!

wiredmama222

Could you see the Attorney General marching into this city? LOL...checking into some of what goes on here???? lolololol OMG....LOL
Where is Julie R?

wiredmama222

Maybe I can say this on HERE without having it get pulled or deleted. I think they should be patting Mr Pervis Brown on the back instead of investigating his work on this panel. He and his committee have been working on this for months. They have done so with all the information they have had at their disposal. Ms Cole and Mr. Poole had more than adequate time to bring up their questions but did not do so until the final five were brought up at the council meeting the night of the big argument and then Mrs Cole and Mr Poole had much to say. Why then? Because I believe Ms Cole didn't see her favorite person on that list of the final five, that's why. (my opinion and I am stuck with it). But it was then and only then that she voiced objections....about Perkins being eliminated. I don't believe Mr. Brown nor his committee did a thing wrong. When all is said and done, this $150 and hour guy won't find anything wrong either and Ms Cole cannot complain any further about who is the police chief of the City, nor can Mr. Poole. They cannot ask for his resignation nor have him removed. That plan goes the way of the dodo bird.
What frosts my cake is the cost to the taxpayer. Once again, we are wasting money that need not be wasted. And Mr Brown is getting dragged into the mud for nothing.
He will be due an apology. And I believe she should resign gracefully.

Cityslicker

I hope Pervis Brown sues the snot out of Cole. She has publically ridiculed him during a commission meeting. She even called the Ex-Offical Mayor/President of the commission a liar too. It's all in the meeting minutes. She needs to step down now.

rickross2

Sue her for what? Foodstamps?

deertracker

Funny or racist????? You decide!!!!!!!!

rickross2

There is nothing racist about rickross2. I was implying that since she is on welfare that would be the prize..

deertracker

Ms. Cole is on welfare?

rickross2

funny

wiredmama222

While he wouldn't get much, I agree. The problem is, they are both public figures and I don't think they can do that. I just hope that they find he didn't do anything wrong and she has to resign

oldpirate

People are letting their feelings for Cole cloud the issue.Regardless of personal feelings for her the fact is the committee didn't follow the city's charter. If you don't need to follow it what is the purpose of it? My opinion is Sandusky doesn't deserve Al Matthews. He would straighten out the police dept. That clearly makes some people nervous and so the character attack begins. I doubt Sandusky really wants to do what it needs to straighten the mess up.This is all opinion though. City committees need to be bound by the Charter.

Cracked Cherry

Can't this town do anything right???

Perkins2060

You can take any of our cowboys. Have at it.

Darkhorse

Since Icsman cleared everyone of conflict, you would think that Brown would file a civil suit and not use the city to pick up his lawyer fee. It becomes a personal case between Cole and Brown. The city should have nothing to do with it.

PROLINE20

How about the Paper District Marina. Boats that have been there for months and this is a Transient Marina? Who is getting extra favors here, The person ruunning the Marina and the Dockside Restaurant. How sneeky was that for back dooring the present Marina Management and Restraunter into a contract without it, going out for bid?????????????????? Doesn't the ODNR grant overesearers watch out for this type of shady dealings???????????thin the city??

wiredmama222

Interesting points....does the ODNR do that? Weird.....

eightballcuet1

Where there's smoke there's fire.

Fireside

I can't wait for weird mama to respond WHEN it comes back the CHARTER was not followed, the commitee never READ the charter, the top 5 do NOT meet the charter, deadline was extended WITHOUT a prior public discussion and vote, when the deadline was extended, it was not publicized as the original add was....I could add about 5 more points but I won't...Will Mama call for resignations from Brown, Hamilton AND Smith since they all were aware of the above and did NOTHING?
Iceman said the committee followed the charter in the process of setting up the search commitee, correct, I agree.
Iceman DID NOT say the committee followed the charter in selecting the final 5 candidates.

wiredmama222

were you at the meeting when Mr Icsman said it? I was. He said the committee followed the charter, and did their jobs!!!! I sat five feet away from him.

Do you miss being on the council so badly that you would say such a thing? You must to be so upset in your comments. You don't KNOW exactly, but you certainly are guessing are you not? Sour grapes Special K?

Yes, I think that Ms Cole should resign. Mr Brown should resign if it is found he did anything wrong.

There is nothing wrong with Mr. Hamilton and Mr Smith. They didn't influence the committee. Why ask them to resign? They had no influence on this. Can you prove ANY of what you say? Do you want them off that badly? I really despise losing bitterness.

How do you know what the three of them knew and did not know? You couldn't possibly know. Or did Ms Cole and Mr Poole or your friend Dave, lead you to otherwise ? Are you believing lies or tapping sourses you should not be?

I once admired your work. How things change in such a short time.

wiredmama222

Hey, Special K, go to Julies Post on page 2. There are three viable candidates that meet the criteria from the charter right now. Why on earth can they NOT be put before ARD for her chosing? Why do you and your friend Cole want all this expense and waste of time and money when there are three viable candidates waiting?????

If you go look at what she has posted you will see that there are three waiting to be picked from. All this STUFF is for nothing. Costing the taxpayers money they need not spend. How ridiculous is this going to get?

Darkhorse

There are Federal laws against discrimination when it comes to the older people and the unemployed. The city is an equal opportunity employer no matter what the Charter states. The Charter cannot go against Federal and State laws so you can argue that all you want. Until this little legal blopper gets straightened out, there probably will not be a selection for a Chief anytime soon.

Julie R.

The five finalists' are: (1.) a retired North Ridgeville police chief, even though Sandusky's charter states all police chief applicants must be "active, full-time law enforcement officers" (2.) a Sandusky assistant police chief, who hasn't obtained an academic degree preferred for the position but is working toward it (3.) a former Gallatin police officer who allegedly falsified time sheets, used a cruiser for personal use and secretly recorded conversations with other officers (4.) a former police chief from Paige, Ariz., who was laid off from the force due to budget crunch (5.) a lieutenant from North Chicago, Ill., who filed a lawsuit after supervisors demoted him for revealing information to the city's mayor about the police chief taking confiscated cars from drug arrests and personally using them or selling them.

Wouldn't narrowing the finalists' down to #4 and for sure #5 be a no-brainer?

wiredmama222

Personally I like the guy who was the whistle blower. He seems honest and upright. If he has the courage to stand up for his convictions, that is the guy I would want. Good for him. Especially from Chicago. Good for him. Sounds like he has his head on straight. I don't blame him for crying foul. You can't do that to a whistle-blower. It's against the law. I say hire that guy.

You could take #1 if he is close enough to finishing. And #4 might be ok, but what is his record like?

There are your three. Give them to ARD and let her chose! So did these three pass the testing they were sent to? If so, there isn't a problem.

Why rock the boat if you have three legitimate people to put before Ard NOW???? They fit the criteria then do it.

Geeze louise this isn't rocket science for crying out loud.

Good Work, Julie. Really good work and nice to see someone with a brain

Frank_Red

Julie,
You were not entirely accurate on your description of the 3rd applicant. The officer you are referring to was a Commander and second in command of his police department and, according to reports, uncovered his corrupt chief of police. The Commander is claiming the charges against him are "trumped up" and his termination was a result of turning in his chief. He has also filed a whistleblower lawsuit against his department. If you do your research and look through local newpapers archives, it appears as though he was fired for doing the right thing. Personally, I consider a former Commander willing to stand up against corruption, to be one of our best options.
-Frank

Julie R.

Of course they don't use the Attorney General for free legal advice - like 007 said: "they pick and choose at our expense so they can receive the results they desire." That's called LEGAL ABUSE. (google it) It should also be called THEFT OF TAXPAYER DOLLARS because that's exactly what it amounts to. The retired visiting rent-a-judge scam is a perfect example of it.

wiredmama222

Julie, maybe we SHOULD make use of that free legal hot line? Want to join me????? I am going to use it pretty soon here.

wiredmama222

Julie, want to make use of the free hot line? I think that would be interesting

T. A. Schwanger

It appears the investigation is not going far enough.

The hired hand should also be looking into why Commish Brown and the Police Chief Search Committee either ignored the Charter or chose not to even research the Charter regarding Police Chief candidate requirements.

wiredmama222

Did Mr. Icsman not say that they followed the charter and even READ it the night this all came up? She had the list ahead of time as did all the commissioners. Then suddenly there was a problem. BOOM. Sudden phone calls, unsubstaniated I might add.

You sat right next to me when Icman read the charter and commented. He said the committee followed the charter. The meetings were open to the public. Your friend Ms Johnson even admitted the charter didn't cover all that was expected and should be changed for next time they wanted to hire a police chief. So someone needs to clarify the charter VS the "want list" of the ad (not add as fireside calls it). (The charter says one thing the ad says another). If the committee followed the Charter then they cannot be expected to fulfill the AD as written. Someone is going to have a problem. They do not match.

None of this even came up until Ms. Cole found out her candidate didn't make the final five cut. Mr. Schwanger.

Had his name been on that sheet, do you think ONE thing would have been said? I really, sincerely doubt it given what other items had been mentioned during that entire meeting. No, sir,

NOTHING would have been said. If the committee went back RIGHT NOW and added his name to that list, took him in for the questioning by the people in Cinnci and he passed it, and his name added to the final three, she would shut her mouth tomorrow and all would be right with the world.

Better yet, if tomorrow morning, the City of Sandusky announced he had been named Chief of Police, this whole thing would stop and not another word would be said.

Perhaps the biggest thing this "hired hand" should check is WHY Ms Cole is doing this in the first place? When it comes back that Mr. Hamilton and this committee did NOTHING wrong, what is going to happen then? If they didn't do a thing wrong, where is Mrs. Cole going to be then? Is she going to PUBLICALLY apologize to Mr. Hamilton and the entire City of Sandusky or just blow it off? Just what happens then?

I am sure that everyone will expect Mr. Hamilton to resign if it is found that he has done something wrong, but what about her? What about Mr. Poole who has supported her in all this? That is a double edged sword being swung by the two of them. It cuts both ways you know. If it comes back that nothing was done incorrectly then what? Just like Mr. Hamilton will be expected to drop, would it not be expected that both of them go?
Just saying...what is good for one, should be good for both of them.

That seems fair to me.

wiredmama222

Schwanger....go read Julie R's post. There are three viable candidates that FIT the criteria based on the charter. THREE. There is no earthly reason that they cannot be put before ARD for a choice.

Why do all this and spend more taxpayer money????

T. A. Schwanger

The Law Director stated the Police Chief Search Committee was formed in accordance with the Charter. He did not state the same committee followed the charter regarding Police Chief candidacy requirements.

Fireside

Good Morning Mama, Not who you think I am. As I have said in prioe posts...the commission has more info than we the public do. I can live with whoever gets the job, I don't have much interaction with LE. As I have said before, YOU harp for "resignations" of any commissioner who disagrees with your boy smitty. I feel no commissioner has done anything close to calling for a resignation!
I'll be back home Friday to check your response.

wiredmama222

Oh, you ARE who I think you are. The commissioners do have more information than any of us, that is true. But how do YOU have any info that you say you have unless you are getting it one of two ways: 1. Obtaining it from a commissioner yourself or 2. Tapping sources that you should not be tapping. You never did answer that. "My boy smitty", as you call him, as far as I know , did nothing to influence or hurt the committee on this selection for this chief of police.

What bothers you so much that we are friends? Why does that stick in your throat so badly? What business is that of yours anyway? You really need to answer that question? Who do you think you are to question my friendship with anyone? What right have you to tell me who I can and cannot be friends with? Do I tell you you cannot be friends with Dave Waddington or Ms Johnson or TA Schwanger? No, I do not. So what right have you to dig at me on my acquantances? None whatsoever! So for that you can get off my back right now, got it? Good. I have taken all of your digging I am going to take with it. Special K.

If...Mr. Smith was in any way, and I doubt he is...involved with the committee to elect a police chief and had any undue influence then he should resign as well. As should Mr. Hamilton. But that is YOUR pipe dream based on their comments to Ms Cole that night and has NOTHING to do with the committee or the election of a police chief whatsoever. You have a great deal of wishful thinking.

However, the people involved in this thus far are: Mr Pervis Brown and the committe that was working on this election AND Ms Deidra Cole who brought the charges and who has by her own words "solicited" candidates for selection and Mr. Wesley Poole, who also backing her for the selection committee and tried to influence the committee choices and was assisting Ms Cole in her efforts.

So lets add this up. We have Brown, Cole and Poole involved in this plus all those on the committee. Those are the people involved in this mayhem. Gee....that is who the investigation involves. I don't see anyone else involved in this.

When it is all said and down, your $150 and hour investigator is going to come back and tell who, if anyone, did anything wrong. If he comes back and says that no one did anything wrong....then Ms Cole and Mr. Poole are going to have some hard answers to give, are they not?

If he comes back and says Mr. Brown and they committee did something wrong....then they are going to have some hard answers to give....are they not? That pretty much cuts it down to size.

Then Mr. Pervis Brown, if found to have done wrong...will be expected to resign. If nothing is found wrong, then Ms Cole and Mr Poole should be expected to resign.

Simple as that. So now, because of Cole and Poole, this city has to pay out ALL this taxpayer money to find out if there is a problem. If none if found, then this city AGAIN wasted funds for nothing and I think that is exactly what will happen.

But you are hoping for just the opposite. Good luck to you. Perhaps there will be room for you back on council.

JohnDorian12

LOL!!! This is the biggest mis use of tax payers money that I have ever heard, not that Cole isnt accustomed to spending others hard earned money. Fact is, the next Police Chief SHOULD come from somewhere other than Erie County.....so for what ever reason he dissqualified them, it works. That department will never get right until they bring some new blood into lead it.

wiredmama222

EXACTLY CORRECT. This is the biggest waste of money ever and for personal reason to top it off. That is what gets my goat. Had the name she wanted been on that list of five, none of this would have been going on.

Fireside

No need for anyone to resign. Just do the job. Was the commitee set up correctly ? YES. Did Brown do anything wrong? I don't know. I doubt it. Investigation will tell us. Do I think the final 5 meet the charter? No.

wiredmama222

I totally disagree. The other day you were SHOUTING for someone to resign, why now do you back off that statement? Perhaps the five do or do not meet the criteria, but why does Ms Cole and Mr Poole wait unti the five are announced until waiting for their complaints? She had plenty of time to issue those complaints prior to this time. She could have attended ANY of those open meeting to see who was being considered and who they were discussing? No, I am sorry, I do not buy any of this.

The job was being done LONG before the final five. Something is very wrong here. And the problem starts and ends with Deidra Cole and Wesley Poole.

Let this investigation continue to it's final outcome. When the chips fall, and they will fall, then a decision will become final. And the citizens of this city will be making one as well. Having to spend even more money on something this foolish is just plain wasteful if they find nothing was done wrong.

Someone will have to be responsible for it. Will they not? If they find it was done wrong, then that person will ALSO be held responsible. All this time wasted.....and still no chief of police? You bet someone will be held responsible. The people of this city are tired of the lame excuses for City "fathers" around here. Just go back and look at the comments, sir.

No one likes the mispent money, the lack of leadership and the constant lack of progress. Someone is to blame. Someone will go