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Personnel tiff prompts judge to tote gun
Municipal Court judges disagree about bailiff's employment after he made threats.
Related content: Judge feels unsafe with bailiff near
Thursday, May 15, 2008
TROY — Judge Mel Kemmer expressed his "vehement objections" about allowing bailiff Scott Niesley to return to work at the courthouse after the bailiff "threatened to 'put a cap in' Judge Kemmer'" and four other employees.
Despite Kemmer's concerns, fellow Miami County Municipal Court Judge Elizabeth Gutmann refused to agree to fire Niesley — and both judges must agree on personnel decisions.
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So Kemmer is carrying a gun.
Statements in court files and sheriff's detectives Lt. Steve Lord's investigation report said Niesley became upset on Jan. 23 that fellow courthouse workers were talking about his relationship with another court employee.
Lord said those present told him that Niesley threw down his gun belt, yelled at two fellow employees and stormed from the courthouse.
When a fellow bailiff tried to settle him down, Niesley, who was no longer on county property, "threatened to 'put a cap in' Judge Kemmer' " and four other employees including the fellow bailiff, Lord said.
Niesley later that day told two fellow bailiffs they'd find a female employee "floating face down in the river."
A subsequent internal investigation found a Jan. 22 e-mail on the county e-mail from Niesley to the female co-worker stating, in part, "I am at the point now where I am willing to hurt someone to get my point across and that is not a good thing."
None of those involved, including Kemmer, wanted criminal charges pursued, Lord said in the report. He said Niesley admitted the statements about the woman floating in the river and that he would "pop a cap" in the other employees — except Kemmer — but indicated "it was possible" he included the judge.
"He did not try to justify his actions and told me that he made a tremendous mistake while he was angry," Lord wrote.
Niesley was placed on sick leave and prohibited from court property during the investigation. He underwent counseling and participated in a "fit-for-duty" evaluation.
After waiving a disciplinary hearing, Niesley was suspended two weeks without pay and, in April, signed a last-chance employment agreement approved by Gutmann as the court's presiding judge.
In an April 24 letter to Gutmann copied to the county commission, Kemmer said he respected her right to her opinion, but found her decision to return Niesley as an armed bailiff "irresponsible and indefensible."
He urged her to rescind the decision and try to find a mutually acceptable solution.
"As a result of your unilateral decision to return Scott to his employment as an armed bailiff in our court, you — and you alone — have created the potential for catastrophic liability for the county. If Scott should lose control of himself again and this time hurt or kill one or more people, it will be on your head alone," Kemmer said. "Aside from that tragedy of injury or loss of life, and despite the fact that the board of county commissioners have no input into your decision, the county treasury would nevertheless be flung wide open to satisfy potential judgments resulting from the decision made by you alone."
Gutmann said she sought legal advice from the county prosecutor throughout the process.
Prosecutor Gary Nasal said prosecutors met with the judges. "We told them what the options were. The decision was solely between the judges," Nasal said.
Gutmann said Lord reported Niesley was "deeply remorseful and took full responsibility for his actions."
Plus, she said, he was evaluated by a public safety consultant in Cincinnati for psychological fitness for duty, found fit for duty and continues in counseling. "I felt he was taking action to deal with issues and was fit to return," Gutmann said.
She said she'd worked with Niesley for 14 years, nine as a judge, and said he performed his job well and was always at work. "My opinion is based not only on those reports, but personal experience. When somebody is your bailiff, you get to know them fairly well, " she said.
Niesley said he was advised by his lawyer not to comment.
The commissioners last week expressed concern, but said they have no say about court personnel matters.
"We trust, however, that you will be vigilant in your ongoing efforts to monitor this situation and that you will act in a timely and appropriate manner to ensure safety should further intervention become necessary," the commissioners said in a May 6 letter.
Ohio law allows Kemmer to carry a gun. The $480 gun was purchased April 24 with court funds following the threats. Kemmer said he has been wearing it since Niesley returned to work.
"I wish it weren't necessary. I feel that it is," Kemmer said.
Gutmann wouldn't comment on Kemmer's choice to carry a firearm, but admitted "it was the talk of the courthouse." She has no plans to carry a weapon, she said, adding, "I don't think a firearm would make me any safer."
