Clarkston council ready to fire police chief

If all goes according to plan, the Clarkston City Council will hand Police Chief Ernie Combs his walking papers at a special meeting scheduled for Monday at 6:30 p.m.
The council intended to fire Combs at the regular meeting Feb. 25, but postponed on advice from city attorney Tom Ryan, who said proper protocol was ignored.
‘I’m a little in the dark here, myself,? Ryan said, noting he was unaware of plans for the termination until Friday. Combs? attorney had called to request postponement of the meeting due to short notice.
Members of council declined to give specific reasons for relieving the chief of his duties, except to say it was in the city’s best interest.
Combs joined the Clarkston police department in 1998 and served as a patrol officer until 2000, when he left for about a year to accept a position as police chief in Capac. He returned in September 2001, and was named to fill the shoes of retiring Clarkston Police Chief Paul Ormiston in 2003.
Ryan, who is present at most council meetings, urged Clarkston council members to open discussion at a public meeting, and offer Combs an evaluation, which he could accept or decline.
‘There’s been nothing on the record indicating where there’s an issue, except for the comments of Councilman Rausch,? Ryan said. ?(The council) needs to have dialogue at this table relative to whether or not you agree on this.?
The council, however, appeared ready to act.
‘There won’t be an evaluation,? Rausch said. ‘It is in the best interest to terminate him. There will not be an evaluation.?
Rausch ran and won one of two write-in seats on the council this past November. According to information produced at Monday’s meeting, he began asking Combs to resign shortly after the election.
Although he declined to give specific reasons for his desire to remove the chief from his position, Rausch said the decision has been long in coming, and that neither Combs or his job performance are in alignment with the city’s vision of its police chief.
Combs refused to resign, however, and an already strained relationship between the chief and council deteriorated rapidly.
In fact, Rausch claimed he was ‘thrown under the bus? after council gave Combs the go-ahead to hire a new officer’a move Rausch expressly prohibited in an earlier meeting with Combs.
The council’most assertively Councilman Dan Colombo, a generally quiet member of the group’reminded Combs the police chief heads the department and therefore has authority to make hiring decisions and should not bring such issues to council.
Shortly after the new officer was hired, Rausch asked council for supervisory authority over the chief, which was denied when Attorney Ryan pointed to the city charter and reminded council that supervisory duties belong to the city manager, not a self-appointed member of council.
‘I went home and felt bad and looked at it and I thought, yeah, he’s right,? said Rausch at Monday’s meeting. ‘So I said ‘what is our responsibility and what should we be doing?? and I guess I believe our responsibility is to have someone that’doesn’t take much management by (City Manager Art Pappas).?
Rausch then made a formal motion to terminate Combs? employment the following day, Tues., Feb. 27, at 6 p.m.
Rausch informed council that he wanted to be fair, and had offered Combs several options.
He could: resign and serve as a patrol officer; seek employment elsewhere; or run the chance of getting terminated.
‘I also did go try to find him a job and had someone at least interested in interviewing him,? said Rausch. ‘Not as a police officer but in the car business, and he didn’t even go see about that, so it’s not that I don’t have empathy.?
Although the council was not in favor of postponing the decision, a motion made by Councilman Cory Johnston to do so passed unanimously. Reasons included frequently expressed concerns over litigation, as well as unease over the possibility of a violation of the Michigan Open Meetings Act, Public Act No. 267 of 1976.
The Open Meetings Act protects the public’s right to know what happens in government by opening to full public view the processes by which elected and non-elected officials make decisions on behalf of citizens they serve and represent.
‘The public has no idea,? said Combs. ‘The public has a right under the Open Meetings Act to know what the council does, (but) the only people who know about this (are members of council) and that’s a violation of the Open Meetings Act.?
The chief contended the item on the agenda, listed as ‘Police chief position? was too vague and didn’t give proper notice to residents that council planned to fire him.
The council will reconvene in a special session Monday, March 5, to vote on the motion, but members left little doubt it will pass.
‘Nothing much is going to change (in that time),? said Mayor Sharron Catallo, who later added that she personally likes Combs, but does not see him as a good fit in the city. ‘Something doesn’t have to be wrong’there’s always a way to make the city better.?