SUTTONS BAY -- Leelanau County doesn't have to pay additional arbitration costs stemming from a long-running dispute over a former deputy's employment, an appeals court said.
Leelanau Sheriff Mike Oltersdorf fired Deputy Bruce Beeker in April 2006 after he repeatedly made inappropriate contacts with a woman who assaulted her ex-boyfriend. Beeker, who responded to the assault, asked the woman to go four-wheeling with him and later called her dozens of times and visited her at home.
Beeker filed a grievance and ultimately returned to work in 2007 after a series of psychological evaluations, but was given a desk job. He quit in February amid his continued legal battle with the department.
The Michigan Court of Appeals in a ruling released this week said the county doesn't have to pay for the latest round of arbitration in the case, nor pay Beeker interest on back pay he received after his reinstatement.
"This is a total win for the county and the sheriff," county attorney John McGlinchey said.
McGlinchey estimates the ruling saves the county at least $2,000 in interest and arbitrator's fees. The county already paid about $4,500 in fees after the arbitrator's initial ruling.
The union sued the department after Beeker's reinstatement, claiming the department violated the arbitration ruling by refusing to give Beeker law enforcement duties, among other things.
The arbitrator also ordered the county to pay interest on back pay granted to Beeker at his rehire and pay half the cost of continuing arbitration.
Thirteenth Circuit Court Judge Philip E. Rodgers dismissed the suit and wouldn't order the department to put Beeker on road patrol, contending an arbitrator doesn't have the authority to make such a demand.
Beeker on appeal contended the arbitrator acted within his authority, but the appeals court upheld the suit's dismissal and agreed that the arbitrator exceeded his authority, both in ordering interest and arbitration costs and in attempting to force the county to put Beeker on road patrol.
Oltersdorf couldn't be reached for comment. Beeker hadn't seen the ruling and declined comment.
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