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PUBLISHED: Wednesday, October 31, 2007
Wagester demotion upheld; grievance denied by county



Sanilac County Administrator John Males has denied the labor grievance by Sgt. James Wagester, who was demoted in rank for violating sheriff department policy.

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Males released his decision to the News Tuesday morning, after the paper filed a Freedom of Information request. Males said he contacted the county attorney, who approved the release.

"In this matter, grievant James Wagester was not deprived of due process, nor was just cause waived," stated Males in his written decision. "The sheriff acted completely within his management rights authority...The grievance is hereby denied."

Wagester was disciplined by Strickler and Undersheriff Garry Biniecki on Aug. 7 for violating the department's standards of conduct. Wagester was faulted for not using common sense when he hired two jail inmates to perform work on his rental properties, while they were witnesses in a high profile criminal trial in which he was the primary investigator.

The disciplinary action, which reduced Wagester's rank to sergeant and placed him on six months probation, was based on a two-month outside investigation by the Michigan Sheriff's Association Mission Team.

In the grievance, Wagester claimed he was demoted without just cause and requested his lieutenant rank be restored.

"While grievant Wagester contends that just cause was not applied in this matter, the facts unearthed at the hearing would indicate otherwise," Males stated. "Thus, the statutory authority as well as the Collective Bargaining Agreement gives the Sheriff the right to discipline and demote Sgt. James Wagester. It was clearly established in the eharing, that due process and just cause were clearly present during the corrective discipline procedure."

The grievance hearing was held Oct. 19. Males released his decision to Wagester, the sheriff, the union and the board of commissioners on Monday.

Wagester, a 17-year member of the sheriff department, can appeal the ruling to binding arbitration. He could not be reached for comment.





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