IOSCO COUNTY UNDERSHERIFF CONVICTED OF EAVESDROPPING

Personal and Union Privacy Compromised

 

By Ed Jacques, LEJ Editor

In 2003 Iosco County jail administrator Lt. Gregory Dodder made a presentation to the Iosco County Board of Commissioners about the need to purchase an electronic tele-communications system which utilizes a computer to record phone calls. Dodder stated that the ability to record and monitor phone conversations is an essential part of jail security. He also said it was necessary and standard to record calls made to the dispatch office, which serves as a back-up to the county's 911 system. The system was installed shortly thereafter.

In early 2005, Sheriff Mike Fischer, Undersheriff Mike Bridson and Lt. Dodder were the principals involved in eavesdropping on employee phone calls. Dodder claimed that he stopped the practice and recommended to the Sheriff and Undersheriif that the activity be discontinued. When it didn't, Dodder reported it to Iosco County Prosecutor Gary Rapp, who referred it to the Michigan State Police for investigation. Sometime later, Dodder contended that he notified Fischer and Bridson that he had gone to the prosecutor. He claims they told him to change his story.

When he didn't, Dodder asserted that Bridson made a number of personal and employment related threats. In August of 2005 Dodder sued in 23rd Circuit Court claiming the threats violated the Michigan Whistle Blowers Act and amounted to constructive discharge.

Eventually, criminal charges were filed against the Undersheriff but Sheriff Fischer allowed him to continue his supervisory role in the department until a final determination was made. Union president Karen Castle and POAM Business Agent Pat Spidell were concerned about the potential harassment, intimidation and retribution. Castle and Spidell conferred, then drafted a letter to the sheriff and special prosecutor assigned to the case about their concerns. Both had good reason to believe that some of their previous phone conversations had been listened to by Bridson. Although he disagreed with the sheriff's decision to keep Bridson in his position, Spidell wanted clarification that any POAM member charged with a crime will also be able to continue uninterrupted employment with the county.

In February of 2006, Deputy Timothy Burnside filed a second lawsuit in U.S. District Court also claiming that Bridson eavesdropped on his private phone calls and threatened him for co-operating with the investigation. Burnside also contended that he was re-assigned to the midnight shift and his schedule was changed to require him to work every weekend. Bridson also stated that Iosco County violated his constitutionally protected rights to liberty, protection from state intrusion and free speech as well as failing to adequately discipline supervisors for engaging in misconduct.

The Undersheriff was clearly in a pickle. The ironic facts are that had Bridson not threatened Dodder and Burnside, he would not have been in violation of the Whistle Blowers Protection Act. Had he not communicated the information he gleaned from those private conversations on to others, he could have avoided the felony charges. Bridson was now looking at spending tens of thousands of dollars to defend himself on criminal charges and possible jail time.

Sheriff Fischer and the Undersheriff asked the Iosco County Board of Commissioners to pay the cost of defending Bridson. Iosco County Clerk Mike Welsch acted as an advocate for Bridson by stating the charges arose in the course of employment and Bridson believed he was acting within the law. He also stated that paying Bridson's legal expenses would not impose a liability on the county. In the end, the Board of Commissioners refused to cover those legal costs.

In July 2006, Bridson was scheduled for a hearing when he surprisingly pled  "no contest " to two felony eavesdropping counts as part of a plea arrangement. At the time, Bridson was not convicted of any crime under the one-year delayed sentencing agreement, which was taken under consideration by Judge Ronald Bergeron. The Judge held entry of conviction in advance to a delayed sentencing date. Preliminary conditions agreed to by the defense and prosecution prohibited Bridson from serving in any supervisory or control capacity during the year and requiring that he resign as Undersheriff once he had used up accumulated vacation and sick time. In the fall of 2006, Iosco County, through its insurance carrier The Michigan Municipal Risk Management Authority, settled the existing eavesdropping lawsuits on behalf of eight plaintiffs. The individual awards arranged from $62,000 to $160,000. Some of the plaintiffs included state troopers who were investigating the original complaint, the Union President and deputy Burnside who was the original complainant.

In May 2007, with his comp-time exhausted, Sheriff Fischer wanted to bring Bridson back to work. The new Undersheriff created a job description that included reviewing deputy road patrol logs. Richard Mularz, the MDOC probation officer overseeing Bridson's delayed sentence, recommended that he not take the position as it likely violated the Judge's order. Bridson ignored his advice and Mularz notified the court of the possible infractions.

In a hearing on the matter, Sheriff Fischer testified that Bridson was reviewing the daily logs of the road deputies who were victims in the case and admitted that some of his duties were the same as he previously had as Undersheriff!

One month later and with only 21 days remaining on his one-year delayed sentence, 23rd Circuit Judge Ronald Bergeron sentenced Michael Bridson to 120 days in the Roscommon County jail. His sentence exceeded the Michigan Department of Corrections recommendation of 90 days but was far less than the 11-month maximum recommended by Special Prosecutor Thomas Weichel. Bergeron admonished Bridson at his sentencing.

 "You deserve this conviction and you have one person to blame for your problems and that is you, " said the judge.  "This prearrangement and delay of sentence was an opportunity of a lifetime. I now greatly regret I even allowed such a thing. "

POAM Business Agent Pat Spidell may have had a legitimate suit himself but chose not to file.  "I don't work at the Sheriff Department so I don't have to worry about the ramifications of anything I say, " said Pat.  "Besides, anything I say on the phone I'm not afraid to say to an administrator's face. "