Traverse City Record-Eagle

Archive: Sunday

July 8, 2012

Appeals court: Prosecutor correct

BY ART BUKOWSKI abukowski@record-eagle.com

SUTTONS BAY — The Michigan Court of Appeals said Leelanau Prosecutor Joe Hubbell had the authority to preside over a hearing regarding a sheriff's deputy's termination.

That ruling reverses a lower court decision that vacated Hubbell's ruling on James Kiessel, a deputy fired by Leelanau Sheriff Mike Oltersdorf in 2009. Hubbell ruled that Oltersdorf shouldn't have fired Kiessel, who since regained his job back through a separate grievance process.

Hubbell took heat for issuing the ruling, he said, and is glad the appeals court said he had the authority to do so.

"I really felt like I stood up to everybody and did what I felt was my job to do," he said.

Kiessel, a U.S. Army Veteran, sought a hearing about his termination under the Veterans Preference Act. The act requires employers to hold a hearing about a veteran's termination, and such hearings normally are conducted by the county prosecutor.

Oltersdorf and the county officials and lawyers charged that Hubbell didn't have the authority to rule on the matter. Circuit Judge Thomas G. Power ultimately ruled that deputies don't have recourse under the VPA, so he vacated Hubbell's ruling.

But the court of appeals said the VPA indeed applies to deputies and gives Hubbell the right to issue a ruling. It doesn't uphold or strike down Hubbell's ruling itself, and instead says the issue should be revisited in circuit court.

Since Kiessel already has his job back, the county might not appeal the court of appeals decision.

Oltersdorf could not be reached for comment.

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