Both the trial and appellate courts have disallowed Wayne Police Sgt. Abraham Hughes’ claims against the city and former City Manager Lisa Nocerini.
While the courts ruled that pursuant to the city charter the city manager has the exclusive authority to appoint or dismiss the police chief, Hughes, through his attorney John Peters, argued that Nocerini used that authority to corrupt the objective testing process after establishing a “score and score only” process for the promotion. Hughes further claimed in his lawsuit that the city breached an implied contract dictating that the highest score on an examination conducted by an independent testing agency would be the sole criteria for the promotion.
Hughes said that during a private meeting both Nocerini and Mayor John Rhaesa told him that Ryan Strong would never become the chief in Wayne because he did not investigate incidents they has asked him to. Strong was appointed as acting police chief following the resignation of the former chief, who retired. Hughes said he was informed that the only criteria for the promotion would be the independent testing.
Both Strong and Hughes completed the four-hour assessment testing with a three-person assessment panel from EMPCO hired by the city in March of 2019.
Hughes remains confident, he said, that he attained the highest score on the testing and says he is in possession of a tape of an EMPCO official validating his claim that he received the top score. Based on the agreed-upon criteria, Hughes said he should have been named to the chief’s job. It was Hughes’ contention that Nocerini interfered with the hiring process after verbally guaranteeing that only the test scores would determine the new chief based, in part, on personal animosity against a local resident, Mark Blackwell.
Strong, while acting as interim chief, obtained a warrant to arrest Blackwell on March 12 of 2019. On March 13, 2019, Hughes met with Nocerini and Personnel Director Alyse Lesle and was informed that Strong had obtained the highest test score and would be named chief. Hughes was ordered to participate in an internal investigation of the hiring process and claims he was threatened with termination if he refused to participate. Hughes said the investigation, conducted by the city attorney, was not objective as the attorney worked for Nocerini and the city council. That investigation resulted in a statement from an EMPCO official addressing the announcement that Hughes was the top scorer. “Any allegations regarding the results of the assessment were misinterpreted or misconstrued,” the EMPCO official wrote as part of the probe by the city attorney.
Hughes attorney said the court ruling enables a public official immunity from improper motives or intentions as long as they are acting within the scope of their authority. In court, Peters argued that Nocerini exceeded her authority by interfering with the agreed-upon criteria for personal reasons, although the courts disagreed.
“The second highest court in the state is quoting the highest court of our state for the proposition that in Michigan, as long as you are the highest elected or appointed official of your branch of government, you have absolute immunity from the consequences of any act you take as long as it is within your job description,” Peters said.
“Personally, I think that is a horrifying situation and one I guarantee most residents of the State of Michigan are completely unaware of. Since the Legislature passed this as a law, the Legislature can change it, but that first requires that an informed public push for such a change,” Peters added.
