PONTIAC, Mich. (WXYZ) — The Oakland County Sheriff’s Office has disciplined one of their part-time employees who also works as an Oakland County road commissioner.
The 7 Investigators first showed you how Road Commissioner James Esshaki was accused of threatening a road commission employee on the job back in June.
Related Story: Oakland County road commissioner accused of making threats, wasting millions
Esshaki is also a part-time Oakland County Sheriff’s marine deputy. After an independent investigation found that Esshaki violated the Road Commission workplace policy about violence in the workplace, the Oakland County Sheriff’s Office announced they would investigate Esshaki’s off-duty conduct.
That investigation is now over. OCSO Public Information Officer Stephen Huber issued this statement to the 7 Investigators:
“Even though James Esshaki was off duty during the encounter and was not acting in any capacity as a part-time marine deputy with the Oakland County Sheriff’s Office, our investigation found that his conduct fell short of the high standards we require of all Sheriff’s Office personnel. As a result, he received a written reprimand and was directed to undergo additional training.”
Esshaki previously issued a written apology about his conduct with Road Commission of Oakland County long-time foreman Walter Mersino Jr.
The Road Commission’s clerk was asked to read Esshaki’s apology into the record at RCOC board meeting this fall:
“The entire situation was unfortunate and regrettable. Obviously, tensions were elevated. I extend a sincere public apology to Mr. Mersino. I also apologize to any other person I upset by my actions. Moving forward, it is my goal to set a new standard of civility and professionalism. For my part, I accept responsibility for any words or actions that may have been perceived as offensive or threatening. My intent is to serve the citizens of Oakland County to the best of my ability, always placing the interests of those traversing our roads at the forefront. Sincerely, James Esshaki, Road Commission for Oakland County Vice Chairman.”
Even though the Road Commission of Oakland County is separate from county government, the County Board of Commissioners are the ones who appoint the Road Commissioners.
That means they’re the only ones who can remove or discipline those appointees. Under state law, a road commissioner is entitled to a hearing before removal.
That’s why back on October 16th, Oakland County Commissioner Mike Spisz (R-Oxford) introduced a resolution to hold a hearing to determine Esshaki’s future as a road commissioner.
“With any other employee in any other organization or even within the county we'd be having discussions and hearings relative to that individual and any potential disciplinary action. Why would we treat an appointed commissioner any different?” said Spisz.
But the Commission’s Democratic majority caucus had already agreed to stop Commissioner Spisz’s efforts to hold that hearing.
“Commissioner Spisz is I think going to introduce -- he might not introduce it. I mean—I’m told he’s going to introduce it,” Oakland County Commission Chair Dave Woodward (D-Royal Oak) told his fellow caucus members moments before that October 16th meeting.
“So basically, there's a resolution that may come before us to unseat Esshaki. And we're trying to see if we have any interest here of doing that? No, no, no. We're all set, Chairman,” said Commissioner Angela Powell (D-Pontiac) as she polled her fellow commissioners during Democratic caucus.
They later voted down that resolution at the full board meeting, which sent the resolution to the LAGO committee where it stalled there for weeks.
Related Story: Road commissioner's alleged workplace threat back in discussion at committee meeting
After the 7 Investigators started asking why nothing had been done to hold that hearing on the road commissioner’s alleged threat, the resolution was suddenly added to a committee agenda for Tuesday morning, a change some commissioners applauded.
“There needs to be some kind of public disclosure from both parties and the report, as to what are the events that actually took place to put, in my opinion, both parties at ease,” said Commissioner Karen Joliat (R-Waterford).
On Tuesday, Esshaki told the 7 Investigators he never threatened Mersino.
The incident was witnessed by a second road commission employee. Mersino filed a police report and an incident report with the Road Commission.
All road commission employees are required to report any threats of violence, according to their work policies.
Related Story: Road commissioner facing backlash for 'threat of violence'
An outside lawyer was brought in to investigate and recently issued an extensive report. After interviewing nine witnesses, attorney Heidi Hudson determined, “Mr. Esshaki engaged in behavior and made comments that constituted a threat of violence, and which constituted intimidation and harassment.” Hudson also wrote in her report, “Many witnesses expressed concern about retaliation from Mr. Esshaki, indicating they did not know if he had the ability to interfere with their employment.”
In the report that was shared with the Road Commission, the Oakland County Board of Commissioners, and Oakland County’s Corporation Counsel in early September, Hudson also said, “As a Road Commissioner [Esshaki] holds a position of power over Mr. Mersino. Arguably he should be held to a higher standard of behavior, but at a minimum he should follow the applicable workplace conduct policy.”
Records show Esshaki declined to be interviewed for that outside investigation, with his lawyer saying he would not “dignify the baseless accusations made against him” and referred to the investigation into the workplace policy violation as a “waste of tax-payer money!”
The resolution to hold a hearing into Esshaki’s actions now sits with the Oakland County Economic Development Infrastructure Committee which is chaired by Commissioner Yolanda Smith Charles (D-Southfield).
“I believe he should be removed. I was the one that he threatened on the job site. And where I work it’s no tolerance [for] violence – if that happens, an employee is fired,” said Mersino.
If you have a story for Heather Catallo please email her at hcatallo@wxyz.com.
