MAP grievance arbitration win restores officer's rank

A Clay Township police officer who gave breaks to two civilians in separate incidents that involved drinking and driving has received a break of his own, thanks to a grievance arbitration victory.

Herman E. Montville is once again a corporal, as directed by an award issued in April by Arbitrator George T. Roumell, Jr. The decision restored his rank retroactively and also granted him the additional wages he would have received had he not been demoted.

Montville had been downgraded to Patrolman for allegedly violating departmental policy twice during 2000. Following are brief descriptions of the cases involved:

• After midnight on July 8, Corporal Montville pulled over an elderly driver for weaving in and out of traffic. A LEIN check showed that the man, who admitted that he'd been drinking, had no record. The driver explained that he'd had both health and financial problems. He was apologetic and upset. Montville took the man to the police station and gave him the option of being arrested or staying until he sobered up, then going home. The driver chose to remain at the station voluntarily and was released later. On his next shift, Montville told the chief about what happened and was not told he'd done anything wrong.
  
  
• Just after 1 a.m. on July 22, two other officers arrested a woman who registered .12 on a PBT test for OUIL. Pursuant to policy, the officers notified Corporal Montville. Montville went to the scene outside a bar, and ordered the woman transported to the township jail for processing and booking. Because their are no facilites for holding females at the jail, she would have to be transported to the county jail. Before this was done, the bar owner called the station and asked if anything could be done to keep the woman from going to the county jail. After hearing from the arresting officers that the woman's behavior at the scene had been "okay," Montville directed that she be relased after sobering up.

Other officers brought this case to the chief's attention. The chief, charging that Montville had breached department policy, demoted Montville to patrolman. He subsequently said that he did not recall any mention by Montville of the July 8 incident with the elderly driver.

During the grievance arbitration, when asked why he thought he had the authority to release people, Montville testified that he learned this from the previous chief of the department, whom he quoted as saying that "in certain instances some people need a helping hand...they screw up and need a break." He said that chief told him to "show some compassion when people need a hand...that's why we put the badge on."

In his award, Arbitrator Roumell noted this testimony and pointed out that Montville had no prior disciplinary record with the township and had, in fact, received a citation in 1996 for helping to save a citizen's life.

The arbitrator, while emphasizing the importance of strict enforcement in OUIL cases, stated that he did not find just cause for the demotion. He also pointed out that the current chief, for an unusual length of time after the incidents, did not tell Montville that he had done anything wrong.

The award stated that:

1) The grievance is granted in that the demotion of Herman Montville is hereby set aside and Herman Montville is to be forthwith reinstated as a corporal in the Clay Township Police Department retroactively to Oct. 10, 2000, and he shall receive the difference (between) that he was paid during the time he was demoted and what he would have made as a corporal until the date of his reinstatement.

2) Herman Montville shall receive a one-day suspension, not to be served as such but instead the amount of back pay he will receive...will have deducted from it one day's pay at a corporal's rate that was in effect in July, 2002, which will represent the one-day suspension.

Unfortunately, the employer is appealing the decision in St. Clair County Circuit Court.

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