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A former Hamburg Township police officer who was dismissed in connection with an off-duty incident has been ordered reinstated by an arbitrator, but the township board plans to contest the ruling. In a 62 page ruling handed down last week, arbitrator Stanley Dobry ordered that Brandon Bullock be restored to duty with back pay and benefits saying his dismissal was without just cause. But after a closed session Monday night, the Hamburg Township board voted to direct its labor attorney to take the actions outlined in closed session. Township officials refused to spell out what that meant. Dawn Philips Hertz, legal counsel for the Michigan Press Association, said the action was a clear violatioon of the state's Open Meetings Act. "Open means open," Hertz said. Voting in an open meeting without knowing the substance of the vote is nothing more than a secret vote, she said. Township Clerk Joanna Hardesty would not comment on what action the board will take, and Township Supervisor Howard Dillman did not return calls seeking comment. A day after the meetings, Hamburg Township Attorney John Drury - who handles most matters other than those labor-related - said the board, in not accepting the ruling, is trying to negotiate some kind of compromise. "We're not at this time going to accept the arbitrator's decision, we are going to try to work out a solution," Drury said Tuesday. He said the board should not reveal specific strategies that, if revealed prematurely, could cost township taxpayers money. "We're trying to negotiate a settlement, short of accepting the arbitrator's award," he said. Drury said the arbitration was not binding. Bullock was suspended without pay Aug. 20, 2002, and terminated Nov. 7 of that year for failing to report reporting a traffic accident involving a friend. The Michigan Association of Police filed a grievance objecting to the firing, resulting in Dobry's ruling. M. Catherine Farrell, the Michigan Association of Police attorney representing Bullock, said the association was "confident in the merits of this case, it did not warrant dismissal." She predicted that if the township appeals the decision, a successful one would be a long shot. Appeal grounds are very limited under the court rules (specifically) that the arbitrator exceeded his jurisdiction," she said. "I'm advised the (police union) contract provides that the award is final and binding, and I expect the township to abide by the agreement." The township has 21 days from the date of the award to appeal. Bullock's union filed a grievance over the suspension that was later altered to a grievance over his dismissal, and Dobry was appointed to hear the case. "It's been a long road; I'm glad this is all over," said Bullock. "I can't wait to get back to work," he said. "Police work is my life, and I love it." Bullock said he has been working as a truck driver since being dismissed. Bullock has felt all along his firing was unjust. "Something's wrong when you lose your career because you helped someone," he said. In the off-duty incident near his Fowlerville home, he was charged with aiding and abetting a failure to report an accident, a misdemeanor. A friend who had been drinking at Bullock's home during the 2002 Memorial Day weekend became involved in a motorcycle crash on his way home. Bullock said later he thought the friend, who was 20, was of legal age. After the crash, Bullock came to the scene, loaded the motorcycle onto his pickup truck and drove the friend and his female passenger to their Brighton Township homes. Bullock maintained that he told the couple to report the accident to police and for the woman, who sustained minor injuries, to seek medical attention. After an investigation by Michigan State Police and review by the Livingston County Prosecutor's office, Bullock was given a citation for impeding traffic, a civil infraction, and paid a $175 ticket. "The grievant was a good Samaritan, he did not crash the vehicle, he did not mishandle it, he did not fail to report an accident he was required to report, he was not the driver of any involved vehicle," Dobry wrote in his ruling. © 2004 Ann Arbor News. Used with permission
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