Deputies say sheriff retaliated for political activities
Sunday, September 22, 2013
Four Macomb County deputies have filed a federal lawsuit claiming
Sheriff Anthony Wickersham demoted them in retaliation for their 2012
election support for Wickersham’s political opponent.
In this constitutional law case accusing Wickersham of violating the
deputies’ First Amendment right to speak out in favor of their preferred
candidate, retired Sheriff’s Office Lt. Greg Stone, the plaintiffs are
all decorated officers. They are: Jared Baker, Bret Likins, Jason Tabor
and Dann Justin Burbuela, son of former Chesterfield Township police
chief Dan Burbuela.
people who are not willing to stick their neck out, especially when
they’re working for people with a history of retaliating,” said Deborah
Gordon, the Bloomfield Hills-based attorney representing the four
plaintiffs.
The suit filed in U.S. District Court claims Wickersham downgraded the
status of the four officers to “field deputy” after they openly backed
Stone in the August 2012 Democratic primary.
That meant they were removed from their duties as officers working out
of a specific Sheriff’s Office substation and instead spent many hours
on generic road patrols or in a hospital watching over an injured
criminal suspect or tackling menial duties in the county jail.
or deliberately encroached on their First Amendment rights. The defense
is that the actions are related to the professional duties and
responsibilities of running the department.
Wickersham declined to comment.
allegations of retaliating against Stone supporters. In December,
Sheriff’s Office Reserves — volunteer officers who serve on an
occasional basis – claimed that about 50 of their members were abruptly
dismissed by Wickersham.
Wickersham insisted the dismissals – doled out in terse form-letters –
were not about politics or loyalty but reflected the results of an
annual review that singled out reserve officers who had failed to put in
enough hours of service or otherwise failed to make the grade.
The sheriff’s explanation was bitterly challenged by some of the
reserves who were bounced, most of whom would not speak publicly. Stone,
like Wickersham, a Macomb Township Democrat, called the actions a
“purge” and said all who were cast aside supported his campaign.
political activities of the four deputies varied, but it consisted of:
displaying Stone campaign signs on personal vehicles or on their lawns;
canvassing and distributing flyers for the candidate; and working the
polls on Election Day.
The attorney hired by the county to defend Wickersham, Karen Berkery of
the downtown Detroit law firm of Kitch Drutchas Wagner, could not be
reached for comment. In her response to the suit, she argued that
Wickersham, as a high-ranking public official, deserves at least partial
immunity from the unspecified damages the deputies are seeking.
The 2012 election marked the first time in his long career that
Wickersham faced the voters. He was appointed interim sheriff in January
2011 to succeed Mark Hackel, Macomb’s first county executive.
challenge from Stone, who retired from the Sheriff’s Department in 2011
after a 35-year career. That race, at times, took on a nasty tone. In
contrast, Wickersham breezed through the fall general election,
defeating a Republican, Steve Thomas, who was making his third run for
sheriff.
The change in assignments for the four allegedly aggrieved deputies,
which occurred in approximately January, did not involve a reduction in
pay. Their suit claims that it was a setback that could result in the
loss of future wages and pension benefits.
Their attorney, Gordon, alleges that their chances of receiving a future
promotion are “next to zero.” The county denies that assertion.
developed within the Sheriff’s Office during the 2012 campaign and that
her clients were warned by Wickersham supporters that they were “sh—–
in the sheriff’s back yard.”
Though the deputies have minimal money claims, their suit emphasizes the alleged damage to their reputations.
Collectively, the four have 43 years of experience on the job and they
have received awards for life-saving and other exemplary service. One
received the Award for Professional Excellence from Wickersham last
year. Two graduated from the police academy at or near the top of their
class.
hurdle of winning the primary he bided his time for a few months and
then switched the four supposedly disloyal officers to “field deputy”
status. In the interim, they claim that they were never reprimanded or
scolded for their job performance.
“It’s rather clear what happened here,” Gordon said. “The handwriting is on the wall.”
