The Town of Milton will hold a public hearing before the Milton Town Council regarding the possible termination of Milton Police Chief, William Phillips, on July 10, 2009, beginning at 9 a.m. at the Milton Elementary School, 512 Federal St., in Milton.
The public hearing is required by the Delaware Code, Title 11, Section 9301, entitled “Police Chief Due Process.”
The upcoming public hearing follows a thorough internal investigation conducted by Cpl. Matthew Rockwell of the Milton Police Department, officer in charge of the investigation for the Town, with the assistance of private investigator Gordon Bowers of Atlantic Bureau of Investigations, Lewes, Delaware.
The internal investigation was initiated after Town Hall received complaints from two officers in the Milton Police Department about various matters concerning the chief.
While the internal investigation was pending, Chief Phillips was placed on administrative leave during which time he continued to receive full compensation and employee benefits as Chief of the Milton Police Department. No disciplinary action of any kind was taken against Chief Phillips while the internal investigation was being conducted. At the conclusion of the internal investigation, Chief Phillips was provided with notice that termination of his employment with the Town was being considered; the specific reasons his termination was being considered; and affording him the opportunity to have a public hearing as required by 11 Del.C.§9301. In response to said notice, Chief Phillips invoked his right to a publichearing which has been scheduled for July 10, beginning at 9 a.m. at the Milton Elementary School, 512 Federal Street, Milton, Delaware.
During the public hearing the reasons why the chief might be terminated will be presented to the Town Council. There are 17 reasons for possible termination that will be presented, all of which were contained in the notice sent to the Chief following the conclusion of the internal investigation. The 17 reasons are generally stated as follows and consist of violations of law and policies of the Milton Police Department and/or the Town of Milton:
• Violation of federal USERRA laws regarding discrimination and retaliation, as determined by the U.S. Department of Labor Veterans’ Employment and Training Service.
• Violation of Delaware Council on Police Training (“COPT”) recertification requirements for the calendar year 2008.
• Destruction and removal of Town property and records on March 10, 2009.
• Carrying an unauthorized weapon, not issued by the Milton Police Department and with which the Chief has not been certified by the firearms officer for the Milton Police Department.
• Failure to file a Use of Force report following the use of a taser.
• Exercising poor management judgment in making Lt. Cornwell second in command for the Milton Police Department.
• Failure to properly manage and oversee Lt. Cornwell, second in command for the Milton Police Department, resulting in improperly maintained evidence lockers, evidence refrigerators, equipment, uniforms, training records, COPT records, firearms records and inventory tracking system.
• Use of Town owned vehicles for personal business.
• Failure to conduct performance evaluations of the members of the Milton Police Department as required by Town policies.
• Imposition of an employee complaint procedure in violation of Town policies and the Delaware Whistleblowers’ Protection Act.
• Allowing his wife, Debbie Phillips, independent and at-will access to areas of the police station not open to non-employees.
• Violation of the “Policies and Objectives for the Operation of the Milton Police Department” dated November 29, 2004, signed by then Mayor Bushey for the Town Council and Chief Phillips.
• Transporting a mentally ill patient/citizen from Beebe Hospital in Lewes, Delaware, to Wilmington, with his wife, Debbie Phillips, in the police vehicle with him.
• Failure to comply with direct orders from Mayor Post concerning matters such as scheduling officers, overtime, return of Town property, and performance evaluations.
• Failure to implement a new evidence tracking system purchased in 2007.
• Removal of video evidence related to a taser incident.
• Unauthorized alteration of officers’ time sheets.
Chief Phillips and/or his legal counsel will be given the opportunity to be heard in the Chief’s defense during the public hearing as required by Delaware State law. After the presentation of all information regarding the possibility of termination, both for and against, the Town Council is charged with the responsibility of making a final decision regarding the Chief’s continued employment with the Town.
