Stant termination upheld by merit board

The city of Maricopa’s Merit Board made the recommendation to uphold the termination of Maricopa Police Sgt. Aki Stant, following a nearly eight-hour hearing Thursday.

“In this case there is proof of progressive discipline, and the termination is the appropriate punishment,” said merit board member Micki Schroeder.

Stant was terminated by the Maricopa Police Department in late May for failure to comply in an investigation into the actions of one of his subordinates.

More specifically, Stant told the Maricopa Police Departments internal investigator, Mike Burns, in two separate interviews that he needed his attorney, Martin Bihn, to speak to the city’s attorney, Dennis Fitzgibbons, before he could proceed with the interview.

“Failure to comply with an internal investigation is grounds for termination, even without any previous disciplinary action,” said Maricopa Police Chief Kirk Fitch.

During the hearing Stant said his reasoning for wanting the two lawyers to talk, prior to him answering any question was because all the information he received about the incident in question came through conversations with Bihn, the city of Maricopa Police Association’s lawyer.

Bihn said in his testimony he instructed his client to have the city’s lawyer contact him so they could clear up any confidentiality issues.

“I thought it would be a quick phone call and a simple fix,” Bihn said.

In a tape recording of the first interview, the city’s investigator asked Stant if he spoke to the officer who was being investigated. Stant’s taped response was to contact Bihn, and then Stant would be more than willing to answer any questions.

The interview ended with Burns saying he wanted the phone number.

The attorney representing Stant, Mike Storie, continually argued the verbal exchange in this first interview would not lead any rational person to think there was anything wrong with his client’s actions, and that the department would honor the request to contact Bihn.

Storie was even able to get Maricopa Police Chief Kirk Fitch, Burns and assistant city manger Patrick Melvin to essentially agree with the same logic during cross examination.

“I can understand how someone reading the transcripts of the conversation would think that,” Melvin said.

While Burns did not demand Stant answer the questions during the first interview, when he returned to interview him a second time, at the instruction of Fitch, he did read him the department’s order stating all public safety staff must answer questions presented to them in an internal investigation.

Storie argued at this point Fitch and Burns knew Stant was in violation of policy, and the reading of the order was actually the beginning of an investigation into Stant for failure to follow an order.

He continued, saying the city violated state statute by not informing his client he was at risk of termination or disciplinary action by not answering the questions.

Fitch and Burns said the reading of the order was just giving Stant the opportunity to answer the questions a second time.

Fitzgibbons said in his closing arguments that the Maricopa Police Department is a paramilitary organization, which expects its officers to follow the orders given.

“Stant has many great qualities, but, unfortunately, he was following the orders of Martin Bihn, and Martin Bihn does not run the Maricopa Police Department.”

Stant said he would have answered the questions if at any point he knew his job was at risk.

The recommendation of the merit board will now be forwarded to the city manager, Kevin Evans, who can choose to uphold the termination or reinstate Stant.

Photo by Michael K. Rich