(WXYZ) — Oakland County Road Commissioner James Esshaki broke road commission workplace rules when he offered to fight an employee who had spoken out at a public board meeting, according to an independent investigation.
ORIGINAL REPORT: Oakland County road commissioner accused of making threats, wasting millions
“Mr. Esshaki engaged in behavior and made comments that constituted a threat of violence, and which constituted intimidation and harassment,” according to the results of a detailed investigation by a law firm.
The 7 Investigators first reported in July about an alleged threat of violence made by Esshaki to Road Commission of Oakland County employee Walter Mersino, Jr.
“I just felt threatened for my job. That’s how I felt. I felt threatened. Like this guy is trying to take my 35 years and flush it down the toilet,” Mersino told 7 Investigator Heather Catallo after the incident with Esshaki.
Mersino is a road commission foreman, and one of 15 employees who spoke during an April public meeting, questioning Road Commissioner Esshaki about why he supported cancelling plans for the new headquarters building the RCOC had planned for more than a decade.
“You guys are doing things underhandedly. You weren't even part of this building. And all of a sudden, you come in, and now this building being suspended? Who's pulling your strings?” Mersino said he told the Road Commissioners during the public comment section of the April meeting.
Mersino says in June, when he was on a job site in Bloomfield Township, the foreman and a coworker got a surprise visit from Commissioner Esshaki.
“He goes why don't you talk to me now, it's just me and you. You don't have your crowd behind you now,” said Merisno.
Mersino says he tried not to engage with the Road Commissioner and tried to back up his work truck to leave.
“So then I proceeded to start to back up, and he says, ‘That's right. Leave, little girl.’ So I stopped and said ‘don't talk to me like that.’ And that's when he says, ‘this guy [the coworker] can leave, and me and you can go behind those trees and handle this.’ I said ‘I'm not going do that… And he just kept picking, picking. So I started to leave again. He said the same thing. That's right. Leave, little girl.”
Mersino did leave and then filed a police report and an incident report with the Road Commission. Then the Road Commission asked for an independent review from the Zausmer law firm.
Lawyer Heidi Hudson interviewed nine witnesses. Esshaki, through his attorney David Gorcyca, declined to be interviewed.
Esshaki is a Birmingham real estate developer. He was appointed by the Oakland County Board of Commissioners as a Road Commissioner in January.
Oakland County Sheriff’s Office officials also confirm Esshaki is a part-time Sheriff’s Marine deputy.
Esshaki previously declined to answer the 7 Investigators' questions as well about the incident, other than to say he did not threaten Mersino.
In the public report, Hudson did not identify the road commission employees who were interviewed, since many of the witnesses “expressed concern about retaliation from Mr. Esshaki, indicating they did not know if he had the ability to interfere with their employment.”
Hudson said there was no claim that Esshaki committed any acts of violence.“However, the reliable evidence supports the conclusion that Mr. Esshaki engaged in conduct and made comments that violated the workplace conduct policy adopted by the Road Commission for Oakland County/Board of County Road Commissioners, Oakland County. Specifically, Mr. Esshaki engaged in behavior that constituted a threat of violence, and which constituted intimidation and harassment.”
The Road Commission of Oakland County Violence in the Workplace policy states, “…it is the Policy of this Board that the Road Commission for Oakland County will not tolerate any threat, direct or implied, or physical conduct by or against any Road Commission employee which results in harm to people or property, or which creates an intimidating, offensive or hostile work environment.”
Only the Oakland County Board of Commissioners has the authority to appoint and terminate the appointment of Road Commissioners.
The 7 Investigators have reached out to the Board for comment.
Esshaki’s attorney, David Gorcyca, provided WXYZ with the same statement he gave to Hudson as she was conducting the investigation:
At this time, Mr. Esshaki respectfully declines to dignify the baseless accusations made against him. The alleged complainant, prior to these accusations, had appeared before the RCOC board and expressed open animus and disdain toward the board members. Several of the statements made at that board meeting were personal attacks and offensive remarks. The complainant’s motives are in questions [sic] and his credibility suspect.
In addition, the complainant filed a report with the Bloomfield Township Police Department that was closed. No further action was taken nor was the case ever presented for warrant review.
Recently, the complainant took to the media to express his alleged grievances (regarding an alleged statement “leave little girl”) that is beneath a response and not worthy of an investigation, let alone a waste of tax-payer money! Lastly, these allegations do not rise to the level of any misconduct under the RCOC work place policies. The RCOC should close and terminate this matter administratively. It is not in the public interest for the RCOC to investigate such trifle matters that are born out of a personal animus.
The 7 Investigators reached out to Mersino after learning of the incident in June to ask him if he would agree to an interview. Mersino did agree to be interviewed, but did not seek out WXYZ in any way.
Mersino’s Bloomfield Township Police report also indicates he was making the report to document the incident. He did not request a criminal investigation, so the report would not have been sent to the prosecutor’s office.
“Mr. Esshaki’s comments cannot reasonably be described as 'shop talk' or a joking conversation between friends or colleagues. As a Road Commissioner, he 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 workplace conduct policy,” Hudson wrote in the report.
Only the Oakland County Board of Commissioners has the authority to appoint and terminate the appointment of Road Commissioners. The 7 Investigators have reached out to the Board to inquire about their next steps.
“This investigation is yet another example of why we must hold Oakland County leaders to the highest standards. I opposed Mr. Esshaki’s RCOC appointment in January because his reputation already raised red flags about whether he was fit to lead. This report only confirms those concerns and underscores why protecting the safety and security of our employees through strong whistleblower protections is non-negotiable,” said Oakland County Commissioner Kristen Nelson (D-Waterford).
