News

Former Chesaning chief of police files lawsuit against village

By MICHAEL PETERSON Argus-Press Staff Writer

Sunday, August 24, 2008 12:08 AM EDT

CHESANING - Former police Chief Larry Arbogast has filed a lawsuit against the village of Chesaning for $75,000.

The attorney representing Arbogast is Tom Pabst of Flint. The lawsuit was filed on Aug. 14.

At the Aug. 5 Chesaning Village Council meeting, officials voted unanimously to not renew Chesaning Police Department Chief Larry Arbogast's contract. He was given 30 days to give up his badge. He will serve as chief until Sept. 6. After that date, Chesaning Police Officer Stacey Varney will serve as interim chief.

Village officials claim that economics was the major reason he was let go, but Arbogast's suit claims he was wrongfully discharged.

About a month ago Arbogast sent an officer to Village Treasurer Kenneth Valentine's son to execute a warrant for back child support payments.

Valentine then came to the council and expressed his concern about the police department operating out of its jurisdiction, because his son lives in Brady Township.

“I came before the council as Ken Valentine, not the treasurer. At the podium I asked the council why this had happenned...My only question was why our car was out of the village,” Valentine said. “Our department was not supposed to go out of the area unless it was an emergency.”

Valentine stressed that the decision to not renew Arbogast's contract was not because of a personal vendetta. He added that as treasurer he did not have a vote on the decision.

“I'm not complaining that (it was my son). It was a legitimate arrest,” Valentine said. “I'm sure my portion had something to do with the decision, but there were other issues that led to not renewing his contract.”

The suit claims that Valentine “became irate when the non-support warrant was executed upon his son, and in fact accosted and assaulted Chief Arbogast over it.”

It also said that Arbogast is protected under the “Whistleblower's Protection Act.”

“(Letting Arbogast go) was done for economic reasons,” Village Manager Marlene Schultz said. “The council was under the impression that he would have his own medical insurance - being a retiree. He did not. So, consequently we had to put him on our Blue Cross Insurance, which we had not anticipated.”

Because Arbogast worked 40 hours a week, Schultz said the city still had to pay into his health insurance. Arbogast, 60, worked for the Owosso Police Department for 31 years, but was retired prior to taking the village chief position. The village council believed he had health insurance and retirement benefits through Owosso.

Arbogast was hired in June 2006 and given a two-year contract with a salary of $41,000 a year.

However, Schultz said Arbogast was unwilling to reduce his hours, consulted a lawyer and returned a proposal requesting a raise, more paid holidays and vacations, among other items.

Schultz said there were job performance issues also, but would not elaborate further.

Councilman Donald Swartzmiller said he was shocked that the incident had resulted in a lawsuit.

“We made the decision on many items, economics being the strongest one because it was costing us more than we anticipated,” Swartzmiller said. “We feel very badly that it had to come to this.”

Prior to 2006, the village had contracted with the Saginaw County Sheriff's Department for police coverage since 1994.

Arbogast denied to comment to the Argus-Press and his lawyer Pabst did not immediately return calls.

- Contact Michael Peterson at 725-5136 extension 223 or mpetersonarguspress@gmail.com.

Comment on this Story

WIlliam Page wrote on Aug 27, 2008 1:52 AM:

" I am not a resident! Interesting issue to say the least! Gotta believe it was the Village Council's responsibility to check out the details of what the Chief would cost them in salary and benefits! To say they asumed he had benefits is both absurd and lame position to fall back on at this point! Municipalities should be operated as a bussiness! To say they assumed he had benefits is unacceptible and highly suspicious to say the least! "

Chesaning Village Resident wrote on Aug 26, 2008 10:49 AM:

" How does one justify a payroll check from the village when they #1 - do not call into service to say they are on duty #2 - don't wear the costly uniform provided #3 don't patrol the town #4 spend 45% of the time at son's house outside the village. Arbogast may be a 'nice guy' but has been getting paid for sitting in his office or at his son's house out of town. Why is it the council's fault that this man does not do his job??? "

charlie murphy wrote on Aug 25, 2008 6:15 PM:

" thats too bad you get fired for doing your job,,,same as the corunna police officer. "

Chesaning resident wrote on Aug 25, 2008 11:02 AM:

" I for one am not happy with the way the village council runs things but why can't this be seen as it really is. The council
either didn't plan to or didn't check first to see if they would be required to pay Arbogast's health care premiums. Plain and simple. I assume that was one reason they hired a "retired" person.
And being a resident, my opinion is his (Arbogast) job performance left something to be desired> "

get them wrote on Aug 25, 2008 3:14 AM:

" A typical bureaucrat's excuse when a cop enforces the law on one of their own......."Blame the 'layoff' or 'termination' on the 'budget'!!".....There's an old saying Larry about folks like that, "figures don't lie, but liars figure." May your lawsuit net you FAR more than what you are seeking! Lawsuits are the only language Politicians understand! "

Anon wrote on Aug 24, 2008 5:13 PM:

" This reeks of politics...just as the Corunna department is hasseling an officer because he did his job and arrested someone for drunk driving.
When people hire a police chief, or an officer...they are expected to uphold the law REGARDLESS of WHO the offender is.
I've heard Chesaning has a problem with gangs...well, with the council treating a good man like Larry Arbogast like they have, they deserve all the trouble they get.
You council members are not only hypocritical, you are pathetic!!!!! "

Edward Attinger wrote on Aug 24, 2008 4:54 PM:

" I would like to comment on the performance of this officer (Arbogast). Very early last spring, I had a garden tiller stolen out of my backyard and I called him and talked to him on the telephone and he said he would be out in the afternoon. Well, three days later and he still had not come and so I called the sheriff's dept to come fill out a report but by then the evidence was cotamanated and was usuable. "