MCCDA Members,
After the initial election, multiple members raised concerns that there might be a potential conflict for the person holding the position of MCCDA Executive Vice President to also hold the position of Internal Affair Investigator at the same time. As both these positions are important for the bargaining unit, I am writing to report back what we have learned based on a review of the MCCDA Constitution and discussions with the IA Inspector and Command Staff and Sergeant Willoughby.
The MCCDA Constitution, Article 6, Section 3 states:
“The Executive Vice President shall be the chief investigator and processor for all grievances and arbitrations of the Association, and shall maintain accurate records and timetables for all grievances and arbitration's of the membership.” The “execution of such duties” can be delegated subject to constitutional limitations.
The IA Inspector and Command Staff shared:
Seventy-five percent (75%) of all cases being processed and investigated by the IA come from Corrections. The IA Sergeant from Corrections sits on the Pre-Investigative Assessment (PIA) committee which determines whether to pursue cases to investigation, is assigned cases to investigate, and provides important perspective about the dynamics and operations of Corrections for the other investigators who do not come from Corrections. If the person holding the position of IA Sergeant were also elected to serve as the MCCDA Executive Vice President, the County would have to make a decision about whether it would be possible to remove the Corrections Sergeant from all Corrections cases or impose other parameters to shield that person from potential conflicts, and if that is not possible, the County may have to remove the person altogether from the IA Department.
County Proposed resolution:
To address the above concerns in the event that Sergeant Willoughby was elected as Executive VP, the County proposed an MOU. Under this MOU, if Sergeant Willoughby was assigned to investigate a Corrections case involving our bargaining unit members, he would have to delegate the investigation and processing of any grievances involving that bargaining unit member to another MCCDA officer and will be required to both maintain the confidentiality of the IA process and the MCCDA E-Board process.
Resolution: I shared a more extensive letter and MOA with Sgt Willoughby and have had phone conversations throughout this process with him. Sgt Willoughby shared a letter today with me, and I shared it with the board, informing us that he will be withdrawing his name from the election. Sgt Willoughby contacted me and authorized me to share his letter that he shared with the board:
Dear MCCDA E-Board & Members,
Following the Primary Election results, the County was asked to weigh in on the ability of an individual to serve in two different capacities simultaneously (ie. E-Board & IAU). As of yesterday, 3/21/23, the County proposed a Memorandum of Agreement (MOA) to the Board in regards to that very topic. This MOA would place limits on any MCCDA member serving in Internal Affairs and the Executive Board. After much discussion, heartache and lost sleep the following is my response/decision for moving forward…
Throughout this whole endeavor, my primary focus and goal was to be a part of making positive and meaningful change for the Corrections Division and MCCDA. I have made it abundantly clear that I have been disappointed with MCCDA’s recent past and future trajectory. That being said, I think the masses have spoken and placed some fine individuals into roles that provide hope and excitement for the future of our membership.
With massive reservation, I am withdrawing my name for the Executive VP. I can not and will not ask the membership to support anything that would diminish or alter the ability of any E-Board member to perform the duties set forth in our Constitution. I am not seeking special treatment and am not open to accepting the conditions set forth in the drafted MOA by the County.
Initially, my response to this whole ordeal was to leave IAU and continue my pursuit of the Executive VP. You know as well as I do, that would be career suicide for me. I was willing to accept that fate until I realized the potential harm I could be doing to the E-Board and the membership. This new Board deserves the opportunity to advance with its plans without unintentional backlash based on my decisions. Moving forward, the best and most effective way for me to contribute and advocate for our membership is to remain the IAU Sergeant.
I am devastated to have to report this to you. This situation has placed a great deal of strain and undue pressure on many different parties. For that, I am deeply apologetic. However, I know that this is the correct decision to make for the benefit of all involved parties. With that, I would like to thank all those who supported me throughout the process. If you have any questions, comments or concerns I am more than happy to address them.
R/S,
Chris
Since Sgt Willoughby has withdrawn his name there will be a runoff between Sgt Van Houte and Deputy Fisher.
Thank you for taking the time to read this post-I know it is a lot of information, so please don't hesitate to reach out if you have any questions. I will keep everyone informed if any changes occur.
Sincerely,
Nicole Buscher