Milton police chief hearing continues

Milton Police Chief William Phillips might have exercised poor judgment and acted arbitrarily toward some officers, but do those problems merit his dismissal? That’s the question facing Milton Town Council as a politically charged hearing continues over the chief’s future.

In a second day of testimony and cross-examination, Friday, July 17, town council finished presenting its case against Phillips, whom officials have charged with a laundry list of misdeeds, including improper record-keeping, payroll inaccuracies and carrying an unauthorized weapon.

But on Friday, July 31, in a third day of testimony, the chief will have a chance to present his side of story.

At a July 17 administrative hearing, Sgt. Brad Hudson was the first witness to testify against Phillips. In March, Hudson and Cpl. Timothy Hamlett complained that Phillips discriminated against them because they served in the military.

Consequently, Phillips and Lt. John Cornwell were put on administrative leave with pay, and an internal investigation was ordered, involving an outside private investigator. In June, town officials issued 17 allegations against Phillips – charges he denies.

Hudson said after he spoke to Phillips about continuing service with the U.S. Air Force Reserve, the chief said he would work Hudson to death. Hudson said Phillips told him other chiefs and other departments have been known to work their group as much as they want. Hudson also said Phillips made severe changes in his schedule to punish him for becoming an active reservist.

After relations with Phillips soured, Hudson said the chief would not return his phone calls and that Phillips locked a door to Hudson’s office and removed a space heater.

Hudson also received a summary punishment over his failure to remove a refrigerator with its door still attached from a Palmer Street resident’s yard.

During the hearing, concerns also arose about Phillips’ failure to recertify his firearm training. Phillips’ attorney argued the chief was unable to update records because he was put on leave and did not have access to files and equipment.

Town Councilwoman Deanna Duby, who also served as the hearing’s mediator, asked Hudson if department morale had changed since the chief was put on leave.

“I think people are more open,” said Hudson, who said the police force was forbidden to approach town hall with complaints, according to Phillips’ directives.

John LaRosa, who is representing Phillips, cross-examined Hudson. He noted Hudson has a past of butting heads with superiors, as was the case in Hudson’s employment with the Rehoboth Beach Police Department, a charge to which Hudson agreed.

Before Phillips was put on leave, Hudson sent an email to the chief and Cornwell thanking them for hiring him. As problems between Phillips and Hudson escalated, Hudson said he sent another email to the chief with untrue pleasantries to get the chief off his back.

Those falsehoods led LaRosa to discredit Hudson.

“We probably shouldn’t believe your testimony today,” said LaRosa, to a loud, laughing and clapping crowd.

“Absolutely nauseating,” said Milton Mayor Don Post, who took the stand next.

Post said the chief spent $40,000 in unnecessary overtime.

“I’ll be honest. Overtime has been a pet peeve of mine for a long time,” testified Post. He said Cornwell receives the highest overtime pay.

He also said Phillips disregarded a 2004 town document that detailed police protocol, voted on by town council under then-Mayor Jack Bushey. Post was not aware of the edict until 2009, and another town document was adopted for police operating procedure – one that conflicts with the Bushey document, said LaRosa.

LaRosa also asked Post how much the town spent to hire a private investigator.

Post said he thought the investigator cost the town about $20,000 and that he was unsure of investigator Gordon Bowers’ hourly rate.

LaRosa reminded Post that in 2007, the mayor gave Phillips a near-100 percent evaluation.

Still, Post says Phillips’ professionalism eroded over the years. He also pointed to numerous complaints about the chief.

“I’m aware of four issues that claim retaliation,” said Post, referring to three police officers and an administrative assistant. Since Phillips’ mandatory leave, Post said another officer has since filed a complaint under acting-chief Cp. Matthew Rockwell.

The hearing will continue at 8 a.m., Friday, July 31, at Mariner Middle School where Georgetown Police Chief William Topping, Camden Police Chief William Bryson and former Delaware State Police Cmdr. Greg Warren are expected to testify on Phillips’ behalf.