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Report accuses Michigan State Police director of disregarding policy, retaliation and racial discrimination

George Hunter, The Detroit News on

Published in News & Features

LANSING, Mich. — A scathing report by the state House Oversight Committee accuses Michigan State Police Director Col. James Grady of routinely displaying a "disregard for past practice and policy," promoting key leadership personnel based solely on their race, and retaliating against anyone who questioned his decisions.

The 14-page report, released Tuesday by the Republican-controlled committee, marks the latest controversy for the agency, which is dealing with multiple lawsuits and disquiet among the rank and file. In June, 98% of the troopers polled by the Michigan State Troopers Association cast a no-confidence vote for Grady and his second in command, Lt. Col. Aimee Brimacombe.

Brimacombe was also lambasted in the report, which followed an investigation that was "not triggered by, but roughly coincided with, the public release of votes of ‘no confidence.'"

"The department’s most pressing challenge may no longer be external oversight or funding, but the restoration of internal confidence in its own leadership structure," the report said. "... the toxic environment created by Grady and Brimacombe is obvious when speaking to current members of MSP leadership."

Grady responded to the report with a statement vowing to focus on "doing what’s best for the agency, our members and the people of Michigan. I remain focused on supporting our dedicated, hardworking members, who work each day to deliver critical public safety services that have contributed to reductions in violent crime."

Gov. Gretchen Whitmer, a Democrat, expressed support for the man she appointed to lead MSP in 2023.

"Colonel Grady has demonstrated steady, principled leadership at the helm of the Michigan State Police, dedicating more than 25 years to serving and protecting the people of Michigan," Whitmer spokesperson Stacey LaRouche said in a Wednesday email that was identical to a statement she gave The News last month.

"Thanks to the efforts of Colonel Grady, troopers across the state, and their close collaboration with local law enforcement, Michigan has seen significant drops in violent crime," the statement said. "He’s also had troopers’ backs by fighting for pay raises for the men and women who risk their life every day to keep our state safe. While some choose to focus on partisan attacks, we remain focused on ensuring every Michigander feels safe in their community. We have full confidence in Colonel Grady to get the job done.”

What report found

The report from the committee chaired by Rep. Jay DeBoyer, R- Clay Township, said the investigation included documents reviewed by Rep. Mike Mueller, a Linden Republican who leads the appropriations subcommittee steering the state police budget.

In May, Mueller raised questions at a committee hearing about irregular promotions at the agency, overspending and multiple lawsuits against MSP's top brass.

The investigation that followed the May hearing, and a second hearing in July, includes "the deposition by House legal staff of nine current or former employees of MSP, including seven current or former uniformed officers, one former civilian employee, and one current civilian employee; a joint hearing of the Oversight Committee and the Appropriations Subcommittee for the MSP at which MSP Director Col. James Grady appeared and testified; review of publicly available reports, correspondence, and other materials."

The investigation "has revealed concerning developments and circumstances at MSP, all of which contribute to an environment of low morale in the department and low trust between MSP personnel and leadership. Col. James Grady and Lt. Col. Aimee Brimacombe, the department’s director and chief deputy director, respectively, are prominent causes of the negative environment at the department according to those who have witnessedtheir leadership most closely," the report said.

"Many of the recurring themes of this investigation are interrelated. For instance, the director’s tendency to shut out experienced voices when making major decisions has resulted in unexplainable promotions and demotions. The decisions over promotions and demotions result in poor communication that negatively affect department personnel and raise questions about performance levels," the report said.

"Similarly, Col. Grady’s perceived lack of concern for prior practice and department policy appears to be caused in part by his preference for making decisions unilaterally, even at risk of mistakes."

After Grady's appointment, "internal tensions quickly emerged as personnel decisions began to reflect a pattern of abrupt demotions, reassignments, and transfers," the report said. "Several senior officers and staff described these actions as being driven less by performance or objective evaluation and more by loyalty to the director."

'In serious doubt'

The report said Grady and Brimacombe were promoted to lead the agency without ever having held leadership positions.

"Brimacombe’s ability to lead the department is in serious doubt based on the available evidence," the report said. "Brimacombe has created tension with many other members of the department since assuming the role of chief deputy director.

"Brimacombe has been the subject of multiple Professional Standards Section (PSS) investigations in recent years," the report said. "These investigations include allegations that she misused state property, that she failed to maintain her training records, and that she made false statements in a complaint against her then-supervisor, Tom Deasy.

"... The most serious allegation against Brimacombe is that she filed a false complaint with PSS, wherein she alleged that Tom Deasy and (former MSP Human Resources Director) Stephanie Horton discriminated against her and other MSP personnel based upon protected characteristics. Brimacombe alleged that Deasy and Horton had 'harassed' her. That report was 'closed as unfounded.'"

 

The report also said: "Deasy then filed a complaint alleging that 'Brimacombe used the administrative complaint process to bully, harass, and intimidate him.' Deasy noted that Brimacombe’s complaint against him (and Horton) was filed shortly after he filed (reports about) the incidents involving the misuse of the vehicle and the failure to maintain training records."

The allegation about the misuse of a vehicle stems from a 2021 incident in which Brimacombe put nearly 10,000 miles on her state-owned 2015 Buick Regal. When asked about the mileage, Brimacombe said she drove the vehicle around her neighborhood "to keep the battery from dying," the report said.

"When (an MSP official) pointed out that the mileage did not correspond to merely tooling around her neighborhood, Brimacombe reiterated that she only drove the vehicle locally," the report said.

An investigation by the PSS "determined that Brimacombe’s explanation that she drove the vehicle to work and around the neighborhood to keep the battery from dying could not account for the nearly 10,000 miles she put on the vehicle. Based on her appearances at headquarters, trips between headquarters and her home could only account for around 1,300 miles. Eventually, Brimacombe admitted to also taking the vehicle to her second home in Traverse City."

According to the report: "In the copy of the report generated by this PSS investigation, which was made available to the House upon a records request by Chair Mueller, Brimacombe’s statements are redacted, presumably in order to preserve Brimacombe’s rights under Garrity v. State of New Jersey, which held that a law enforcement officer cannotbe prosecuted for acts admitted to in the course of compulsory disciplinary proceedings."

The report added: "Based on the reports available to the House, there is no reasonable interpretation of the available facts that would lead to a conclusion other than that Brimacombe both misused her assigned vehicle and was untruthful and insubordinate about the situation when she was confronted. PSS found the allegations in this complaint sustained."

A state police spokeswoman confirmed in mid-January that Brimacombete plans to retire in the coming months, but provided no further explanation or an expected retirement date.

'Diversity is race'

One of the people interviewed during the probe, Lt. Col. Ryan Pennell, "provided clear insight into Grady’s interview process — and at least some of the factors Grady deemed to be important — prior to the promotions and demotions that followed," the report said.

Grady and Brimacombe interviewed Pennell twice, according to the report.

"Grady made clear to Pennell that his mission is to 'diversify' leadership," the report said. "According to Pennell, Grady forewarned Pennell that Grady 'didn’t expect' Pennell to remain in the leadership team because Grady wanted to 'diversify the leadership team.'

"Pennell was given the chance to interview for a lieutenant colonel position in Field Services," the report said. "During that interview, he was asked for his views on diversity in the MSP. In response, according to Pennell, he said that diversity is more than just race and includes socioeconomic status, upbringing, education, family life, and where one is from. Grady then told Pennell in the interview that 'diversity is race,' and that '[i]t’s black and white, and we’ve had a race problem in the nation and MSP forever.'

"The inescapable conclusion drawn from Pennell’s description of this set of exchanges is that Pennell’s ability to remain in leadership depended greatly on whether he would bring diversity to the organization rather than job performance," the report said.

In a lawsuit filed Oct. 14 in U.S. District Court in Detroit, former Trooper Sarah Krebs, the agency's chief Diversity, Equity, and Inclusion officer, claimed that Grady retaliated against her after she expressed concerns about the colonel hiring people based on race.

A second lawsuit, filed Dec. 8 in Wayne County Circuit Court, claimed Grady held a "petty grudge" against Heather Luebs, a former MSP senior executive management assistant who had been with the agency since 2003. The lawsuit alleged Luebs was demoted and her pay was cut after she mistakenly sent a text following the union's no-confidence vote.

According to the report, "Promotions and demotions within the MSP are not the only decisions which have demonstrated questionable judgment and a reluctance to take and act on the advice of actual subject matter experts.

"Depositions of senior officers and civilians reveal a deeply insular leadership culture at MSP that shuts down communication, ignores the expertise of seasoned personnel, and fosters uncertainty, frustration, and low morale throughout the department," the report said.

"The poor communication is intertwined with the insular decision-making and largely led to the low morale following the string of haphazard promotions and demotions once Grady took charge," the report said. "The fact that Grady has enabled Brimacombe to run the department with an iron fist and unfettered discretion is another theme common to the descriptions of life working at MSP."

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