Warren bailiff accused of drinking on job; mayor wants random screening

Christine Ferretti / The Detroit News

Warren -- Mayor Jim Fouts is urging the city's district court to adopt a random drug and alcohol screening policy after a longtime bailiff was accused of drinking on the job.

The 37th District Court officer, placed on paid leave Monday, was accused of being intoxicated while transporting a prisoner from the courthouse to the city's police station.

Court officials say the officer -- a direct employee of Judge Jennifer Faunce -- was "stumbling and mumbling" and smelled of alcohol when he arrived at the station around 3 p.m. Jan. 26. Fouts said the officer was armed and had cuffed the prisoner's hands in front of his body, rather than behind.

Court officials were notified of the incident Friday. The employee is now indefinitely prohibited from transporting prisoners.

In a letter Friday to Faunce Fouts requested the judge terminate the bailiff and insisted the court implement a code of ethics to adopt a "zero tolerance" policy.

Fouts says his concerns didn't arise overnight: he's been urging the court to take action since he took office about two years. Fouts said he's received information -- on numerous occasions -- about certain court employees abusing alcohol during the workday.

The court may be a separate entity, but Warren taxpayers carry a liability insurance policy, he said. And if the court is slapped with a drunken negligence lawsuit, the City Council would have to release funds to make any settlement payments, he said.

"This is a serious issue," Fouts said. "We cannot have officials of the court -- and political appointees of judges -- being intoxicated and under the influence of alcohol and escorting prisoners. It's a disaster waiting to blow up in their face."

Faunce said she's collecting the facts. There are no prior complaints, she said, about the bailiff, a former Warren police officer and Vietnam veteran, who is "helpful" and a "good employee."

"Right now, all I have is speculation and hearsay," she said. "I want the facts before I make a final ruling. I would love the opportunity to speak with the people who may have had contact (with the officer) and brought the initial allegations to superiors."

Fouts said he first notified the court of the rumored drinking in April 2008.

Faunce responded with a four-page letter in May 2008 in which she expressed "shock" and anger" over the allegations Fouts discussed publicly. She wrote that the "vast majority" of employees have never consumed alcohol during work hours, and such actions "would not be tolerated." She also called for a written apology and a public retraction.

"The court staff ... was equally offended by your portrayal of them as 'embarrassing,' based upon random allegations of excessive drinking during work hours," Faunce wrote. "Our employees are dedicated, hard-working, and give a full day's work for their salaries."

In June 2008, Fouts refused to apologize. He said the problem was one he "cannot ignore."

Fouts said he may be the only mayor in the state who requires his 35-40 political appointees submit to random drug and alcohol screenings. He implemented the policy shortly after taking office. An agreement has been approved to have Warren firefighters screened, and union negotiations are in the works to make it a requirement for all city employees.

Fouts fired former Police Commissioner Danny Clark over allegations of drinking on the job, and he fired two employees for drug use last year.

"I have a record of zero tolerance and the court needs to follow suit," he said. "We don't need court officers carrying loaded weapons and escorting dangerous prisoners under the influence."

Faunce said court employees already know drinking at work is not acceptable and it's not proper to fire the officer without gathering the facts.

Former 37th District Court administrator James Conrad was fired in October 2008 after police said he drove drunk. Conrad's due in 40th District Court for a pretrial hearing Feb. 9 on charges stemming from the January 2008 incident.

Another former Warren District Court officer, Joseph Wojtas, 74, was sentenced in January to 15 months to 15 years in prison in connection with a January 2007 drunken driving crash that left a man with brain injuries that eventually caused his death.

cferretti@detnews.com (586) 468-0343