Traverse City Record-Eagle

September 25, 2009

Leelanau County sheriff fires sergeant

BY ART BUKOWSKI

SUTTONS BAY -- Leelanau County Sheriff Mike Oltersdorf fired a sergeant who filed the initial complaint about the department's contentious phone recording practices.

Ousted was Sgt. Mike Lamb, who is among the plaintiffs in an ongoing federal lawsuit against Oltersdorf. Lamb and other officers allege Oltersdorf illegally recorded and listened to phone conversations on what employees believed to be private lines on several instances dating to 2006.

Oltersdorf deferred comment about Lamb's firing to county attorney John McGlinchey. Lamb had been on leave because of "medical issues" for about four months, McGlinchey said, and the department fired him after he used up all the time off allowed under the law and labor contracts.

"He's been off for quite some time and exhausted all of the time he had coming," McGlinchey said. "They obviously can't keep people on the payroll indefinitely ... and there was no expected return date."

Lamb's union filed a grievance over the firing, McGlinchey said.

Lamb couldn't be reached for comment. Police Officers Association of Michigan representative Pat Spidell didn't return a call for comment.

The seven-count federal suit contends Oltersdorf used recordings of conversations critical of him and Undersheriff Scott Wooters to intimidate and discipline officers, and they retaliated against those who publicly spoke out against the phone recording practice.

Lamb and Sgt. James Kiessel initiated a Michigan State Police investigation into the phone practice, though the attorney general's office determined Oltersdorf did nothing illegal. Oltersdorf later abandoned the practice.

Mike Grant, an attorney for Lamb, said he plans to amend the federal lawsuit to include a count of retaliatory discharge if the department doesn't agree to rehire Lamb. Lamb's attorneys believe the firing is a result of Lamb's role in the phone battles.

"We see this as unfortunately another flavor of it," Grant said. "(They) are retaliating by now discharging him."

McGlinchey said the firing had nothing to do with Lamb's complaints about the phones.

Related Stories:
- Leelanau officers file federal lawsuit
- HEADLINE2
- Sheriff suspends employees for letter
- Sheriff to end phone recording practice
- Editorial: Eavesdropping is 'offensive'
- State: Leelanau sheriff's eavesdropping OK