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PUBLISHED: Wednesday, August 29, 2007
Sheriff's officer violated policy

Wagester disciplined for hiring inmates


Sheriff Virgil Strickler has disciplined a longtime member of his department for violating the department's Standards of Conduct.

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Strickler's announcement on Monday followed the completion of a nearly month-long investigation of Lt. Jim Wagester's decision to hire two jail inmates for private work in 2005. At the time, the inmates were witnesses for the prosecution in a safe-breaking case for which Wagester was the lead investigator.

The investigation was conducted by a two-member team from the Michigan Sheriff's Association, a lieutenant in law enforcement and a sergeant in corrections from Saginaw County. They delivered the report last Friday.

On Monday morning, Wagester, a 17-year member of the department, appeared for a 90 minute disciplinary hearing in front of the sheriff and Undersheriff Garry Biniecki.

Strickler would not disclose specifics of the discipline Wagester received because it would be a violation of the union bargaining agreement. And he said he has "ordered" Wagester to not comment on the matter.

According to the sheriff, the "investigation showed that Lt. Wagester violated Sanilac County Standards of Conduct Number 1 by not using common sense when hiring two inmates to do work on his business when they were witnesses in an active criminal investigation and still inmates in the Sanilac County Jail."

The policy Wagester violated is entitled, "Exercising Common Sense and Affirmatively Promoting The Organization's Values".

The policy states, in part, "Members shall exercise ordinary common sense and strive to find ways in every contact to promote the organization's values as expressed in its standards...Those who wish to hold to hold the honor of a public position and enjoy the privileges of public trust share a responsibility to conduct themselves in a manner that does not bring public or trust into question."

Enforcement guidelines for violating the policy include a call for: "Termination if public image is severely damaged"; or "progressive discipline up to and including termination for other situations."

Strickler described the damage to the department's public image as "pretty serious" as a result of Wagester's actions. He said the discipline meted out falls between "nothing and termination" but declined to elaborate.

Wagester can appeal the discipline through the department's grievance procedure, he said.

Strickler emphasized "the facts of the investigation did not show that there were any special favors or promises made to inmates in exchange for their testimony or lack there of. There were no recommendations for reduction or dismissal or criminal charges (for the inmates)."

Strickler requested the investigation on July 27, after Wagester's hiring of the inmates became public during the trial of one of the safe breaking suspects. The men built two decks and replaced siding on Wagester's rental properties.

The sheriff's association team interviewed approximately 10 people, including corrections and law enforcement officers in the Sanilac County Sheriff Department, the two witnesses, Mike Redman, who was in charge of the jail in 2005, and some "civilians," said Strickler.

The report consisted of a seven-page "narrative" that included the interviews, plus documents.

After the safe-breaking trial concluded in July, the judges of circuit and district courts and ordered that no employees of the courts or law enforcement officers be allowed hire to inmates of the Sanilac County Jail for private employment. The sheriff also adopted a similar policy for his department.





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