Goethel Engelhardt, PLLC: Support of HB4639 to Extend PA312 to County Corrections Deputies (May 25, 2021)

Summary

Letter dated May 25, 2021 from civil justice attorney Chad D. Engelhardt of Goethel - Engelhardt, PLLC to Hon. Steve Marino, Chair of the Commerce and Tourism Committee, giving public comment in support of HB4639 (2021) to extend PA312 to county corrections deputies. Engelhardt writes of serving as Assistant General Counsel to the Oakland County Deputy Sheriffs Association and earlier as a Deputy Sheriff, including in the Corrections Division. The letter states that MCL 423.231, the codified Act 312, provides for binding arbitration of labor disputes for certain police and fire employees. It argues that corrections deputies' duties mirror other law enforcement work and urges the committee to advance the bill.

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GOETHEL - ENGELHARDT, PLLC
CIVIL JUSTICE ATTORNEYS

STEPHEN GOETHEL 3049 MILLER ROAD MICHELLE KREGER
sleve@cmijustice com ANN ARBOR. MICHIGAN 48103 Firm Administrator, Paralegal
CHAD ENGELHARDT 734.769.6838
chad@cmijustice com www. omtjustice.com DEBRA RICE
Paralegal
JENNIFER A. ENGELHARDT debra@cmitjustice com

JENNA HARPER
Intake Coordinator
jenna@cmitjustice.com

May 25, 2021

Hon. Steve Marino

Chair, Commerce and Tourism Committee
Anderson House Office Building

124 N. Capitol Ave.

Lansing, MI 48933

Re: Public Comment in Support of HB4639 (2021) to Extend PA312 to County
Corrections Deputies.

lam a civil justice attorney. | previously served as the Assistant General Counsel
to the Oakland County Deputy Sheriffs Association (OCDSA). During my tenure in that
role, | was involved in negotiation and enforcement of collective bargaining agreements,
including binding arbitration under Public Act 312.

Prior to my career as an attorney, | served as a Deputy Sheriff with the Oakland
County Sheriffs Office (OQCSO). From approximately September 1993 until December
1996, | served as a PTNE Deputy Sheriff in Patrol Services in the Mounted Division,
Marine Division, and Parks Division. From December 1996 until approximately

November 2006, | served as full time Deputy Sheriff in various assignments in the
GOETHEL : ENGELHARDT, PLLC
CIVIL JUSTICE ATTORNEYS

Corrections Division, including Court Services and Satellites Division as well as various
other departmental correctional facilities.

While employed as a Deputy Sheriff, | served as member of a tactical unit, the
Cell Extraction Team, and further received training as a Defensive Tactics Instructor.
Additionally, | received advanced police training through the Oakland Police Academy
and other institutions in the areas of Police Supervision, Corrections Training Officer,
Hostage Negotiation, Crisis Intervention, Suicide Intervention, Interview and
Interrogation Techniques, and other areas.

Based upon my training and experience, | have personal knowledge of the
complexity of county-level correctional facilities, and the skill, Knowledge and
professionalism required to serve as a Deputy Sheriff assigned to Corrections, and the
hazards of such service.

Deputies assigned to Corrections, and the other subject assignments, enforce
the laws of this state, collect evidence, and protect life, safety, and property of
Michigan's citizens. By virtue of their assignment, Deputies assigned to Corrections
have a greater exposure rate to violent criminals than any other assignment. Deputies
assigned to Corrections and the other subject assignments investigate crimes, secure
crime scenes, collect and secure evidence (i.e., secure in property room, forward to
crime lab, etc), establish chains of custody, complete police reports, prepare and swear
to warrant packages, and testify in court for criminal prosecution, just like road patrol

officers.
GOETHEL - ENGELHARDT, PLLC
CIVIL JUSTICE ATTORNEYS

In many departments, Deputies assigned to Corrections have primary
responsibility for prisoner transports and hospital watches, which require Deputies to
carry their issued firearms. Deputies, regardless of assignment, are required to be in full
uniform (including firearms and other issued weapons systems) whenever they are
outside the secured correctional facilities.

Act 312 of 1969, codified as MCL 423.231, ef seq, provides for binding arbitration
of labor disputes by certain employees of police and fire departments. The statute
provides that it was enacted, as a matter of public policy of the State of Michigan that:

“...in public police and fire departments, where the right of employees to strike is

by law prohibited, it is requisite to the high morale of such employees and the

efficient operation of such departments to afford an alternate, expeditious,
effective and binding procedure for the resolution of disputes, and to that end the
provisions of this act, providing for compulsory arbitration, shall be liberally

construed.” MCL 423.231

Whether County-level Corrections Deputies should have always been included in
this law, given their essential role in public safety, is water under the bridge. But the

time is right to correct this issue of fundamental fairness and stability in public safety

Jabor relations.

The size, scope and complexity of County Corrections operations have evolved
over the last several decades and provide significant public safety benefits. In most
Sheriff's offices across Michigan there is significant interplay between Corrections and
Road Patrol, especially in times of emergency that require a mass mobilization of

manpower as well as day to day operations.
GOETHEL - ENGELHARDT, PLLC
CIVIL JUSTIGE ATTORNEYS

County Corrections has advanced over the last several decades. The pre-hire
and training requirements and essential job duties mirror those in other aspects of law
enforcement. Providing means of peaceful and binding labor disputes for these law
enforcement professionals is absolutely in the public’s interest and a matter of sound

public policy.

Extending 312 arbitration and unit consolidation will provide additional flexibility
to management by combining units and allowing command staff to assign officers in
various positions as agency and public needs dictate. Further, this would allow for parity
in recruitment and retention of highly qualified officers. | urge the committee to advance

this Bill with strong bipartisan support.

Very truly yours,

GOETHEL ENGELHAJ

AG

Chad D. Engelhardt


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