Two incidents of an Oxford Village Police dispatcher allegedly misusing the Law Enforcement Information Network are the subject of an internal investigation ordered by the Michigan State Police.
‘They feel that the information (obtained on LEIN) that was disseminated (by the dispatcher) wasn’t supposed to be given out,? said village Police Chief Mike Neymanowski, who’s currently conducting the required internal investigation.
Commonly referred to as LEIN, the system provides on-line information to law enforcement agencies regarding the status of driver’s licenses, registered vehicles, driver’s records and criminal record information. It’s part of the FBI’s National Crime Information System.
LEIN is only used by certified employees of a police department or other law enforcement agency. Information stored in the network is restricted by state law to use in criminal investigations and court proceedings and is not meant for the general public.
The police chief said he was informed of the alleged misuse by the state police during the second week of March and instructed to do an investigation and report back with the results.
Tom Evans, executive secretary of the Criminal Justice Information System Policy Council of the state police, said information about alleged LEIN violations by village dispatch was provided to the state ‘anonymously.?
During the course of his investigation, Neymanowski has so far identified two incidents of alleged LEIN misuse relating to one dispatcher (who’s name is not being released at this point), one stemming from information given to school personnel at Oxford High School and the other pertaining to information given to a private citizen.
The chief said his investigation indicates the incidents occurred between November 2003 and January 2004.
Regarding the school incident, the chief said it appears the alleged misuse may have resulted from the lack of a ‘LEIN agreement? with the high school.
Under the now-defunct joint Oxford Police Department, which served the township and village, there was a written agreement between the agency and high school whereby the school could call in with license plate numbers of ‘suspicious? vehicles and the police would verbally give them certain information pertaining to that plate.
When the joint department made the transition to the village department in 2000, Neymanowski said they ‘thought it (the agreement) was still in effect,? but it turns out ‘it wasn’t.?
A routine audit of the village department’s LEIN usage by the state police in Fall 2003 revealed the fact there was no longer an agreement in place with the high school, the chief said.
‘Obviously, when you do a big transition like that, there’s things that are overlooked unfortunately. Things that are brought to your attention even a couple years down the road,? Neymanowski said. ‘And that’s why it’s important to have audits.?
A copy of a new LEIN agreement was delivered to the high school in December 2003, however, due to an oversight it was not signed until March 12, 2004.
It appears the information given out by the dispatcher in question may have been during the time period when there was no such agreement in place, in-between agreements so to speak, Neymanowski explained.
The chief said it appears the dispatcher gave the school the information in ‘good faith,? believing the agreement was still in place at the time.
Evans confirmed such agreements with the schools are allowed, but LEIN information can only be given to the district superintendent, assistant superintendent, school principal or assistant principal.
‘Anything outside that realm is considered a violation,? Evans noted.
As for the incident involving the private citizen, Neymanowski declined to comment as the investigation was still in progress.
Neymanowski said he’s only publicly releasing a ‘certain amount of information? right now because he’s ‘trying to be fair? to the dispatcher involved and his investigation isn’t over yet.
At this point in his investigation, Neymanowski said it appears the dispatcher’s actions were the result of ‘ignorance of the policies.?
‘There are certain things in there that I can say maybe the dispatcher wasn’t aware of,? the chief said. ‘There are certain policies that you have to follow that maybe in this investigation weren’t followed to the letter. Let’s put it that way.?
‘What he (the dispatcher) was doing was done in good faith. It wasn’t done in a malicious or intentional manner. . .It was done honestly and wasn’t done for the purposes of any illegal gain or something like that,? Neymanowski added.
However, Neymanowski noted that ‘ignorance of the policies is definitely not an excuse.?
‘When I’m done with this (investigation), if I find there was misuse of information, there’s certainly going to be proper disciplinary action that’s going to take place within this agency.?
That disciplinary action ‘could be anywhere from a verbal reprimand to a day’s suspension.?
At this point in his investigation, Neymanowski said he doesn’t foresee any criminal charges being levied against the dispatcher.
Since news of the investigation was reported over the weekend, Neymanowski said he’s heard there’s been concern expressed that he’s conducting the investigation as opposed to a third-party.
‘Technically, there is an outside source investigating this matter,? the chief explained.
He said a state police investigator submitted a list of ‘specific questions? concerning the alleged LEIN misuse, which the chief is required to investigate and answer in the form of a report.
Neymanowski said ‘it’s only right? he conduct the initial investigation because ‘I’m closest to what’s going on.?
The state police investigator will then review the chief’s report and answers, and request more information or ask more questions if necessary.
Then Neymanowski’s report must go before the Criminal Justice Information System Policy Council of the state police for the final review and determination of what action will be taken next, if any.
Evans said there are a ‘variety of options? of what could happen if it’s determined there was misuse of the LEIN system. They range from recommending more training for the department to revision of LEIN policies and procedures to possible criminal prosecution because LEIN is governed by state law.
In previous cases similar to this, Evans said additional training for the department staff and changes in procedure are recommended.
‘Many times? LEIN violations are the result of an ‘oversight on the part of the department,? Evans explained. ‘Employees didn’t get training on new (LEIN) policies and procedures.?
Neymanowski said he expects to complete his investigation by the end of this week.
‘I’m not here to hide or cover up anything,? the chief said. ‘Whatever happened, you’re going to know the truth about it. I’m going to do a thorough investigation on it. Proper measures will be taken against the dispatcher, if there’s misuse. Proper policy will be set to see that it doesn’t happen again.?
Neymanowski wanted to make it ‘clear? that this incident ‘has nothing to do with the prior (police) agency.?
‘That agency’s well gone,? he said.
A special meeting of the Oxford Public Fire and EMS Commission has been called for 5:30 p.m. Thursday, April 8 to discuss the alleged misuse of LEIN and the investigation into it.
OPFEC contracts with the village for fire and EMS dispatch services.
The meeting was requested by township Trustees Jerry Dywasuk and Charles Kniffen.
In the an April 4 memo to OPFEC Chairman Bill Dunn requesting the special meeting, the trustees indicated they wish to discuss why OPFEC was not notified of this investigation when it appears at least one village OPFEC member had knowledge of it, if the information about the alleged LEIN misuse was known when OPFEC renewed its dispatch contract Dec. 17, 2003, and if a third-party should be brought in to investigate this matter.
Village President Renee Donovan wrote Dunn an April 6 memo stating council is ‘at this time. . .unclear? about why special meeting has been called.
‘Your concerns relative to the internal investigation (have) no relation to OPFEC,? Donovan wrote. ‘The investigation is to review the policy and procedures used for the LEIN system.?
Donovan attached an April 5 letter from Neymanowski to address township officials? concerns.
‘I believe a special meeting to discuss these allegations is not necessary,? the chief wrote. ‘I am currently in the process of conducting my investigation. The investigation will be thorough. Proper action will definitely be taken if violations are discovered (honest mistakes, violating policy, criminal intent). It could consist of disciplinary action and implementing new policy.?
‘The alleged violations solely deal with the use of the Law Enforcement Information Network system. It has nothing to do with the performance of dispatching emergency needs of our community,? Neymanowski wrote.
‘For those concerned, there is an outside agency involved in this investigation. A complete report of my investigation will be turned over to a State Police Investigator. He will review my findings and recommendations. He will advise me if the investigation is not complete. The investigation will then be forwarded to an Operations and Security Committee for final review,? the chief wrote.