001testing YouTube live Dream. restart. >> You'll have that. But first, I have to turn on the system and then I have to get >> that feedback. Good morning everyone. My name is Julie Flynn, Deputy Secretary of State for for the Bureau of Corporations, Elections, and Commissions. I'll be conducting the hearing today. This hearing is being recorded via the department's YouTube channel so that it can be transcribed if necessary. The proceeding is also being livereamed via that YouTube channel. Jonathan Bolton, assistant attorney general for the state of Maine, is present and will be serving as legal counsel to me in this matter. It is Wednesday, June 20 uh June 3rd, 2026 at 9:34 a.m. And this is the public hearing on the challenge brought by Eric Samson against the petition filed on behalf of Kevin Nichols,
002a nonparty candidate for Androskogan County Sheriff. Will the candidate and the council for the challenger so the the the candidate that's being challenged and the council for the challenger please state your names clearly for the record. >> Kevin Nichols >> you have push the button to touch. >> Kevin Nichols >> Lynn Ward I'm the attorney for Eric Samson the challenger. >> Thank you. And if you haven't done so already, please sign the sign-in sheets where indicated and that's up on the lect turn. We'll begin with the council for the challenger. Uh any witnesses who are participating today will be called on at the appropriate time and asked to state his or her name for the record. The witness will then be sworn in by me. Witnesses may appear by video conference. When a witness who
003has appeared in this matter is called, I will swear them in and then questioning will proceed in the same manner as witnesses attending in person. I would ask that while the remote witnesses are waiting to testify, if possible, they please mute their microphones or phones to prevent background noise. If you plan to offer any written evidence, it should be described for the record, then handed to me to be marked as an exhibit. Each exhibit must then be shown to the opposing party and their council. Evidence will be admitted if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. I may exclude irrelevant or unduly repetitious evidence. The hearing will be conducted under the administrative procedure act and title 21A section 337 and I will
004proceed as follows. Each side will be allowed a brief opening statement. The challenger will present his evidence and may call any relevant witnesses. The candidate will then have an opportunity to cross-examine each witness. I and my legal counsel may also have questions for the witnesses. In my discretion, I may allow for redirect and recross by the challenger and the candidate. The candidate will present his evidence and may call any relevant witnesses. The same procedures for cross-examine uh cross-examination, questions from me and my council and redirect and recross will apply. The challenger will then be given an opportunity to call witnesses or offer testimony in rebuttal. The challenger and the candidate will then have a brief opportunity to make a closing statement. By statute, title 21A, MRS section 356, subsection 2, paragraph B, the challenger has
005the burden of providing sufficient evidence to invalidate the candidate filing. The party's witness lists indicate that they intend to call a number of witnesses today. Given that this hearing is scheduled for a single day, I ask that the parties streamline their presentations as much as possible. The parties are also reminded that I have the authority to exclude irrelevant and unduly repetitious evidence. The agency record at the start of the hearing includes the original petition of the candidate. The candidate consent dated April 29th, 2026. The original challenge documents received May 12th, 2026. The hearing notice emailed to the challenger and candidate on May 22nd, 2026. I understand the parties have have agreed to admission of certain exhibits. Uh, I think the uh uh attorney for the challenger can please state for the record which exhibits your
006you're entering and uh I'll ask for agreement from the candidate. >> Yes, we have agreed that um it actually is both um our exhibit and the petitioners exhibits one, two, four and five are admitted um is the agreement that we have. the other exhibits um I think we will need to deal with as they come up. >> Okay. So, uh we will um >> do you you agree with that Mr. Nichols? >> Yes, I do. >> Thank you. >> So, we have exhibits one, two, four, and five. So labeled and will be admitted into the record. >> Uh these are believe they are all these are all petitioner exhibits, right? >> Yes. I think it's appropriate to mark them as petitioners as we would be admitting them during our case and chief. >> Thank you.
007So yeah, this >> evidence may now be heard on the allegation that Mr. Nichols does not have at least two years of supervisory employment experience in law enforcement or corrections or a combination of both and further is not exempt from this requirement due to serving as a full-time law enforcement officer on or before July 1, 1990 or serving as a sheriff on or before June 26, 2021. Do all parties agree that this is a complete and accurate statement of the allegation made by the challengers? If you could state so on record, please. >> Sorry. >> Yes, I believe that's accurate. >> Yes, I believe it's accurate. >> Does any party have any questions or objections to the procedure I have outlined? >> Only that we would renew our motion in lemonade objecting to certain testimony.
008um indicated that Mr. Nichols would be offering. My understanding is that it's been determined we'll deal with that in the moment. To the extent you're willing to take that up now, I do believe it could save some time later. We're going to uh stick with the the series that we've we've discussed and we'll deal with it at the time that it comes up. Miss Ward, you may now proceed with your opening statement on behalf of the challenger. Before we begin, can I ask a question in reference to a conflict of interest? >> Sure. >> Um, Attorney Ward, have you now or are you now or have you ever served on the jail board of visitors? >> Okay. For the sheriff? >> Hang on a second. >> He can ask a question to us. He can't
009ask questions of people. >> You can direct your questions to us and not not to the attorney. >> Okay. My question would be if attorney Ward is now serving or has ever served on the jail board of visitors appointed by the sheriff. >> Can you give a little more information of of why that's pertinent? If that were the case, >> if that were the case, I believe that being appointed by the sheriff, serving on the board, she would be working for the sheriff in his official capacity and hired by the sheriff to represent him in his personal capacity. Miss Ward, would you respond please? >> Um, I did serve on the house there. Um, I will happily answer that question. I did serve on the board of visitors um for Androskogan County. I actually nominated
010myself to that position after seeing in the newspaper that Maine had not been doing um what was required under the statute in any county in the state to have um a full board of visitors as required by statute. I reached out to the sheriff's department and inquired how I could get involved as I had experienced a lot of time as a defense attorney in Colorado prior to moving back to Maine. In actuality, the board of visitors provides a supervisory role for the entire sheriff's department. the board of visitors has the power to go in to raise issues, to bring issues to the county commissioner, to file reports regarding performance. Um, in no way was I paid for that role. I resigned that role. I believe it was in approximately April of last year after a
011family emergency that prevented me from making it to a meeting and realizing that my plate was very full. Um there is no conflict of interest in this matter in any way, shape or form. Um and if there was a belief um that should have been raised when I first um submitted our witness and exhibit list and emailed Mr. Nichols that I would be representing my client today. Mr. Nichols, would you care to respond on the record? >> I am just under the impression that she was appointed by the sheriff. >> So, to the extent that you've made a motion to disqualify the attorney, we're going to deny that and proceed. May I begin my opening? Thank you. We are here today because Kevin Nichols filed paperwork with the Secretary of State's office that swears or
012affirms that he meets the minimum qualifications to be a county sheriff set forth in Main Law. Today, we will prove that Mr. Nichols claimed that he had quote at least two years of supervisory employment experience in law enforcement, corrections, or a combination of both was false. Ultimately, while we do not dispute that at times Mr. Nichols displayed leadership at the ACSO, those moments of leadership do not make him a qualified supervisory employee. I represent Eric Samson, a registered voter in Androskagan County who by virtue of having worked both as Mr. Nichols co-orker and his supervisor knows Mr. Nichols is not qualified under Maine law to serve as a county sheriff. In order for a candidate or excuse me, in order to be a candidate for election to the office of sheriff, a person must meet
013those minimum qualifications set forth in 30 MRS 371B3. Specifically, they must swear or affirm to the law enforcement code of ethics have that they've never been committed of a class C or higher crime. They must apply for a criminal background investigation and must submit the appropriate witness written certificate from the main criminal justice academy. Finally, they must swear or affirm those two years of supervisory employment experience. As part of that certification, they must include the name, the address, the telephone number for the relevant employers that they are claiming as part of that statement of qualifications. Here, we do not in any way contest that Mr. Nichols meets the first three qualifications. We did learn after we submitted this challenge and the Secretary of State provided us records that Mr. Nicholls did not meet the fourth
014qualification and that's because the written certification from the main criminal justice academy submitted by him was incomplete. Specifically, it did not state as required by statute that he agreed to meet basic law enforcement standards within one year of taking office and it was missing two attachments that were referenced and incorporated in that certification. Those attachments were consent decrees relating to Mr. Nichols being barred from acting as law enforcement officer due to pri prior misconduct. The fifth criteria that Mr. Nichols does not ha or has two years of supervisory employment experience is as I stated before why this challenge was filed. Today we will be calling several witnesses who through their long tenurs at the Enderskan County Sheriff's Office are familiar with the structure of the agency, the responsibilities of its employees, and the job responsibilities
015of Mr. Nichols in particular. They will each unequivocably tell you that Mr. Nichols was never in a supervisory employment role at the ACSO. You will hear that Mr. Nichols worked on both the law enforcement and corrections side of the agency and that due to the nature of the job, every single employee has an obligation to ensure that those they interact with in the performance of their job duties are being kept safe at all times. All deputies, no matter their position, are responsible for ensuring the safety and security of co-workers, inmates, arrestes, and the general public. As in nearly any field, folks who have been doing the job for longer, who have or who have specific skills are given opportunities to share those skills with new hires or less experienced employees. That is done to ensure
016that the ACSO is functioning to the highest of standards. For Mr. Nichols to have been in a supervisory employment position, he would have needed to have been employed to be a supervisor. You'll hear that at no time was he employed to supervise other employees. His primary job obligations were those of a corrections officer, transport deputy, patrol deputy, and detective. He was never promoted to a supervisory employment role. You will hear that although Mr. Nichols was given opportunities as he gained experience with the agency to share that experience with others, his role doing that was not supervisory. He had other deputies shadow him. He coached them through interactions and when necessary, he shared those observations with his supervisors so that they could take the appropriate action. He had no authority to discipline, to relieve someone from
017their command or force them to engage in any particular activity or task. The job of a sheriff is complex. Sheriffs handle large budgets, many employees, and are responsible for responding to diverse community needs. Our legislature has adopted minimum standards to ensure that when voters go to the ballot box, they can be confident that every name that appears is a person who has management experience within a law enforcement or correction setting. The goal is that everyone knows that they are prepared to step into the role and serve on day one. Kevin Nichols does not qualify for the job of county sheriff under main law and for that reason his petition is void and he is ineligible to be a candidate for county sheriff. Thank you, Mr. Mr. Nichols, you may now proceed with your opening statement.
018>> Good morning. My name is Kevin Nichols and I'm here to present a clear, documented, and undeniable work history that spans over two decades of dedicated public service in Anderson Scott County. The sole issue before you today is whether the history satisfies the requirement of two years of supervisory employment experience. The evidence and testimony I will present today will show that I do not just meet this requirement. I've I have exceeded it in several times over across multiple phases of my career. Under main law enforcement under excuse me under main law, a supervisory employee is defined by their core functions, the authority to assign and review work, evaluate performance, direct operations, and make recommendations that directly impact employment status. I will demonstrate through specific documented roles that my principal work tasks consistently meet these criteria.
019I will guide you through four specific periods of my career where I ac exercise direct supervisory authority. Field training officer began in 2002. As a certified field training officer through the main criminal justice academy, my principal task was the direct supervision of new officers. As the academy manual explicitly states, an FTO is a supervisor. I was directly responsible for evaluating their performance, directing their daily duties, and giving the official approval for them to continue their on in their careers. Conversely, I held the heavy supervisory authority to recommend termination when a recruit was not cut out for the job. acting unit manager for Andrew Scott County Sheriff's in 2004. I rec recognized for my leadership I was handpicked by senior leadership to serve as an acting unit manager. In this role, I was solely responsible for
020the day-to-day supervision of corrections officers on the second and third floors of the jail. I directed staff assignments, managed shift operations, and held direct accountability for the performance and conduct of subordinate officers. This was a position of pure command requiring independent judgment and structural leadership. I would later be sent to school at the main criminal justice academy to attend a class called staff supervision of corrections personnel. In 2007 to 2009 I began a career in Mechanic Falls Police Department. In a small active department, full-time officers bear the brunt of operational supervision. During weekend overlap shifts, I was tasked with training and supervising reserve officers. I directed their activities during critical calls for service, evaluated their judgment, and provided corrective feedback. My evaluations and recommendations directly decided their operational readiness and progression within the agency. Upon
021returning to Androsken County Sheriff's Office in 2009, I regularly served as a deputy in charge operating under short staff shifts, supervising part-time officers. Later, as promoted to detective, I exercised absolute operational supervision over active crime scenes. I assigned tasks to assisting officers and deputies, monitored their work, and directed point investigations with outside agencies. Members of the board, every single fact I have stated is backed by documentation, certification, and a lifetime of professional credibility. I chose to represent myself today because the truth of my record does not require expensive counsel to translate. It speaks clearly for itself. The citizens of Androsken County deserve a choice on the ballot. My career has been defined by training, instructing, supervising the very men and women who protect our communities today, many of whom reign in the high-ranking leadership positions.
022I have done the work. I have managed the personnel. And I have held the command responsibility. Therefore, I respectfully request you find my work history fully satisfies the 2-year supervisory requirement in rule in favor of my eligibility. Thank you. >> So, Mr. Nichols, I just before we we proceed, one thing I wanted to um to just make sure you're you're aware of um and we appreciate your opening statement. Uh because you're you're you're not represented by council. Sometimes uh people get confused about this. Um to the extent you you spoke about facts in your opening statement. Um for the hearing officer to consider those facts uh in the context of a decision, you'll have to testify to them under oath. Um so we just wanted to make you aware of that. um that if if
023you're if you're seeking to admit those facts and evidence, you you'll need to have somebody present either yourself or someone else present testimony under under oath. >> Um I believe the exhibits that are presented by the challenger reflect everything that I spoke to. >> That's fine. I just wanted to make you aware. Thank you. >> Miss Ward, you may call your first witness. Thank you. Procedurally with the layout of the room, where would you like the witnesses to be? >> I think at the lecture if they can >> and we can I think that >> if it's possible to I guess it's connected for the microphone. We're ready to proceed with your first witness. >> Thank you. >> We will call Lane Feldman. Will these will both mics work at the same time? >> These
024two should work at the same time. That one won't. >> Okay. >> Can you please state your name for the record? Uh, Lane Feldman, jail administrator. >> Can you spell the last name, please? >> F E L D M A N. >> Please raise your right hand uh and state uh do you solemnly swear that you will tell the truth in your testimony at this hearing today? >> I do. >> Please proceed. Can you please describe um your history in law enforcement and how long you have been at the Androskagan County Sheriff's Office? >> Uh I was hired in May of 1996 and I've worked uh 30 consecutive years for the Sheriff's Office. >> What type of positions did you hold while you were at the sheriff's department? Uh I was hired on as a
025uh line corrections officer, promoted to corporal, then promoted to shift sergeant. Uh from there I made a lateral move to classifications, which is another area of the jail. Uh from there I was promoted to assistant jail administrator and now jail administrator. >> Thank you. Are you familiar with Kevin Nichols? >> Yes, very. >> How are you familiar with him? Uh Kevin and I have known each other since probably the year 2000. We were friends inside of work and outside of work. He worked for me for three four years. >> Okay. And um approximately when did he work for you? >> It was from 2000 to sometime in 2004 when he moved on to the transport division. >> Okay. I want to talk a little bit about what Mr. Nichols role was within the organization. Can
026you describe that for us? >> Uh, I believe, if my memory serves me correct, that he was first hired on as a reserve corrections officer. Um, then after a little while, he became a a corrections officer under me. >> Okay. And while he was a corrections officer under you, what were his specific job obligations? He was a corrections officer. He he was uh responsible for the safety and security of the inmate population. >> Did he serve in any type of supervisory capacity while there? >> No. >> Okay. >> At any point in time while he was a corrections officer, did Mr. Nichols serve in a field training officer role? >> Yes. Yes, he did. >> Okay. And what is a field training officer? >> A field training officer is is a peer um who is
027assigned a new staff member um to help train within policy, procedure um in duty within the organization. >> And is there a difference in field training in the correction setting versus on the patrol side? >> I would say yes, but I'm I'm not really familiar with the patrol side. >> Okay. So, let's talk about the correction side. What spec how does a field training officer become involved with the person they're assisting with the training for? >> Going back a little bit, they they have to show an interest to the agency that they they want to train uh new staff, new peers. Um and then within that role um they're um they work under the training sergeant and in that training sergeant works with the shift supervisors and assistant shift supervisors to make sure the training
028policy and procedure um are all met within uh a certain amount of time. I would I would say they have a certain amount of time to train the people and those all those goals and ideas need to be met. >> Okay. And are there any formal requirements to become a field training officer? >> No. >> Is there a pay increase associated with becoming a field training officer? >> No. >> What authority does a field training officer have over the people that they are helping train? >> Uh, none. >> And when you say none, what do you mean by that? If if there's a problem or an issue with the person that they're training, they need to they need to report that to either their assistant shift supervisor who's a corporal or shift supervisor who's a
029sergeant. They don't have the authority to to act on any uh disciplinary issues or problems. >> And so, how would you define what it looks like to be a field training officer in corrections on a day-to-day basis? Help us understand that. they're again they're they're assigned uh a new employee and it's not every day. Um it's not every day they work. You know, they might go through a couple of days here and then be off for a couple of days. So, it's not a an everyday issue. And um the new staff members start by literally just following around the field training officer um to see what their duties are. And when the field training officer feels comfortable that they kind of have an idea of what's going on, um they allow the new trainee to
030um start doing tasks on their own as they observe them, of course. >> Okay. And in that process, you said that um there's some days on, some days off. Do you mean days off work or do you mean days where they are not doing field training obligations? >> Uh days where they're not doing field training obligations. One of the things that I personally did was I didn't want to burn burn people out of training constantly. Um so, you know, you might train somebody for two or three days and then I would give them two or three working days off after that. >> Okay. Um in his statement, Mr. Nicholls outlined a bunch of responsibilities that he says he undertook as a field training officer in corrections. I'd like to take a moment to go through
031those. He said that he is tasked with the responsibility of training and supervising new officers, making sure that they gained the knowledge and skill to have a safe and successful career. Do you agree with that? >> No. >> Why don't you agree with that? >> The field training officers are not tasked with supervising their peers. they're they're tasked with with with training their peers to the best of their respons the best that they can and then sending them off uh on their own to do their job. >> He goes on to state that his role was to offer praise and criticism to evaluate their performance and give them the official approval to continue on in their law enforcement career. Would that be accurate? >> I wouldn't say official approval. I would say official recommendation. And
032what does that mean? >> They can recommend to the training sergeant and shift supervisors, jail administrator um that the person is doing well, but you you have to look at the whole totality of everything. And you can't just go on a recommendation um from somebody. You have to read paperwork. You have to see how the employees acted. >> And as a leader, would you rely on recommendations or consider recommendations that were made by folks that were not actively field training officers in considering a candidate? Yes, I I I would always listen and still listen to the totality of any recommendation from anybody. >> So, it's safe to say that it's not only field training officers that can give input. Anybody can. >> Correct. >> He additionally says that at times he would sometimes make the
033difficult decision to advise them they are not cut out for the job and recommending employment no longer continue. um would that be a decision that he would get to make? >> Again, it would be a recommendation. It wouldn't be a decision. >> Okay. >> So, in the role of field training officer, is um a person permitted to send someone home? >> No. >> Can they uh force them to take or not take an action? >> No. Can they discipline them in any um way that could end up in their employment file? >> No. >> Can they discipline them at all? >> No. >> He referenced a unit manager position. Um can you describe what that is? a unit manager position was something that at that time we were looking to we were having a problem
034with the the the two uh supervisors on duty, the shift supervisor and assist assistant shift supervisor. We were having problems with them responding to and acting on problems and issues that that they had to deal with on a daily basis. So we we tried a briefly tried a position that we called a unit manager which was um again not a promotion. There was no money involved with it. There was no uh um supervisory authority. It was really just having another uh individual on our second and third floor to help out with daily tasks that needed to be done for the inmate population. >> And was that the sort of post that only one person was allowed to do? >> No, there was I think there was four assigned at the time, one to each shift.
035>> Okay. Okay. And could that change who was the assigned person on any given shift? >> Yes, because it it was neither a position or a post. It was it it was something that as an organization we were trying because we were trying to um help with problems and issues that we were having with inside the facility. >> Okay. And can you elaborate on what those problems and issues were just a little bit? At the time, uh, our population was was really rising and the need for supervisors to be in different areas at different times was, um, was really getting getting to be an issue and, uh, having a supervisor that was just kind of milling around on the second, third floor, um, wasn't working for us anymore. So, we we were we tried out
036a position where we had somebody there to to help their peers with either a meal pass or a doctor's appointment or um in our maximum security unit. You have to have two people do the check. So, that that person was really there as support more than anything. It wasn't wasn't a supervisory role. >> Okay. And on a general day-to-day sort of shift, what would you expect specifically in addition to what you said a unit manager to be doing? >> My expectation was for them to help observe and report uh help on the floor, observe what was going on, and then report to either the corporal or the sergeant what what's going on dayto-day. >> Okay. Um and how long you said it was a brief position. How long did that position last? >> I'm not
037exactly sure. I don't even think it was a year. Was it ever formally recognized by the union? >> No. >> Why did it end specifically? >> Well, we we we tried the best we could and then we we realized pretty quickly that it it just wasn't working. We needed to go down another route. >> Okay. And describe why it didn't work, what was the deficit. >> The the biggest issue was is that we were we were making that position stay on the second and third floor. um when we realized really we we don't we don't need another person on the second and third floor. We needed more staff in general at the time. So we kind of went another route with I I believe we started to add staff members at that time to the
038shifts rather than um having somebody just say on the second or third floor. >> Okay. Um so can you remind everyone of what your current role is? >> I am the jail administrator. I oversee um an 11.3 million budget and 53 employees. >> And are you familiar with the overall structure of the organization? >> Yes. Um, if I can approach. We have an organizational chart. >> Thank you. Do you recognize what I've handed you? >> Yes. >> What is it? >> That is our current organizational chart at the sheriff's office. >> And does that chart reflect generally the structure for reporting back when Mr. Nichols um was employed? >> It looks to be roughly the same, just different titles. Um we would move to admit um exhibit three. >> Mr. Nichols, do you have any
039objections? >> Yes, I would object. um based on we don't know there's nobody here to testify who made this the authenticity of it and the fact that uh was this the flowchart that was representing the department's structure back in the time in I'm going to overrule the objection. You can proceed. Um, so looking at this organ I apologize I'm having trouble with the button. Looking to this organizational chart, um, I'd like to bring your attention to the position of correction officer. Um, where is that located in the chart? Uh it's located um as I'm looking at the chart to my left all the way down on the bottom. >> Okay. And are there roles above the corrections officer on this chart? >> Assistant shift supervisor which is a corporal and shift supervisor. Um and then
040from there the captain, major, chief deputy and sheriff. >> And was that the structure when Mr. Nichols was at the ACSO under your command? Like I said, roughly the same titles are different. We didn't have a captain and a major back then. It was a lieutenant and a captain instead, but it's roughly the same chart. >> Okay. And is it safe to say that at the time that um Mr. Nichols was serving as a correction officer, there was no position below that position in the chain of command? >> No, there was not. >> Okay. Thank you. How does someone become a supervisor at ACSO? Well, the first thing is we have to have an opening which um in my tenure um they come and go. Sometimes we have lots of openings because of retirements or
041people leaving and other times we have none. Um so first there has to be an opening and then from there you you really have to have a few years in. Um you can't be an individual that uh just started six months ago and decide that you want to be the jail administrator without any experience. So um you know you have to recognize whether or not you have enough time in once you realize you have the the the time in um um there's an oral interview and um a work history part of the interview. Um once those things are completed, then there's a scoring system top to bottom, one to 10, one to two, whatever how many people are there. Um and a decisions made on a supervisor at that point. >> And did Mr. Nichols
042ever go through that process and become a supervisor at ACSO? >> No. >> To your knowledge, has he ever been a supervisor in any capacity at ACSO? >> That the sheriff's office? No. You mentioned earlier about general staff responsibilities. Are there general responsibilities that all staff have to ensure safety and security? >> There are expectations. Yes. >> And and can you describe those for us? >> Well, I mean, first and foremost, you need to make sure that, excuse me, the inmate population is safe. Um, you know, you're responsible for however many inmates we have in there at the day. that can go from 140 to 200. Um, and you also have to really make sure that the people around you are safe. Um, that that's your your peers most of all because the supervisors aren't
043always um in your area or on your floor. >> And is there an expectation that when anyone employed at the department sees something that isn't safe or appropriate, they intervene? >> Absolutely. Yes. >> And why is that? because it's again it's an expectation that um you know if you see something that's not right, something that's not going on, you really need to intervene and and report that immediately to a supervisor. >> Okay. And what is the specific importance of that? Why is it so important that people essentially are acting under a see something, say something policy even if they're not in a supervisory role? >> It's a sense of accountability. you need to be accountable for your actions and as an administration um we believe in that you need to be accountable and need to
044hold your your peers accountable >> and what would you expect the result to be if that were not the expectation >> then if it if it's then if it's not reported and not an expectation uh could be we could have lots of problems and issues within staff and inmate population >> I have I have no further questions Mr. Nichols, do you want to cross-examine? >> Yes, I would. >> Morning, Lane. Major Feldman. Morning. As major overseeing all jail operations, you're intimately familiar with the chain of command, shift logistics, and the rigorous demands of running a safe facility. Correct. >> Correct. >> You have a deep understanding of what true leadership and operational supervision looked like on the front lines. Correct. >> Correct. Casting your mind back to 2004, you were running uh the jail shift
045in the you were running a shift in the jail and the department was actively developing the formal job description for a new position called unit manager. Correct. >> Uh we never got to the point where we were actively doing a job description. Do you recall there being oral boards for the position and Don Olivier and Rich Adams and Mike Chismar all being hired at different points in times for the position? >> I don't remember oral boards. I remember that staff did we did interviews for people that were interested in doing that position. They weren't Do you recall the department having post orders for that position? >> No, we didn't have any post orders. The unit manager was designed to be positioned of significant command in charge of supervising both inmates and correction staff across the
046entire second and third floors of the jail. Correct. >> Can you repeat that again? >> The unit manager was designed to be a position of significant command in charge of supervising both inmates and correction staff across the entire second and third floor of the jails. Correct. >> I wouldn't say command. I I would say they're there to to help their peers and observe their peers. >> While those former excuse me, while those formal administrative details were being ironed out, you needed someone to step up immediately in an acting capacity to execute those supervisory duties. Correct. >> Correct. >> Out of all the personnel available to you on that shift, you personally handpicked me to serve as your acting unit manager. Is that correct? >> That is correct. >> You would not entrust day-to-day oper day-to-day
047supervision of corrections officers and entire housing floors to any employee unless you knew they possessed true supervisory capabilities. Correct. >> There was no supervision involved, but I would agree with the last part of that statement. >> That you knew they possessed supervisory capabilities. >> Supervisory capabilities. Yes. During the time that I served as your unit manager, my principal work task included the direct day-to-day supervision of corrections officers assigned to those housing units. Is that correct? >> That is not correct. You didn't you didn't supervise anybody on the floors. You were there to help out your peers with job tasks that needed to be done. >> Are you familiar with title 26 section 1022 that defines supervisory employee? >> No, I'm not. I was a personal the person responsible for directing staff assignments, managing shift operations
048and ensuring strict compliance with agency policies. Is that correct? >> No, you did not you did not do any shift assignments of anybody. You didn't do any counseling. You didn't do any discipline. Any everything had to be reported to the corporal or a sergeant on duty. That position required me to use constant independent judgment, maintaining leadership under high pressure, and hold direct accountability for the performance of conduct of subordinate officers. Is that correct? >> No. >> If a corrections officer under my watch failed to follow policy, it was my job as the unit manager to step in, correct their behavior, and issue operational directives. Is that correct? Can you repeat that again? >> Yep. If a corrections officer under my watch failed to follow policy, it was my job as the acting unit manager to
049step in, correct their behavior, and issue operational directives. Correct. >> To issue object operational objectives, excuse me. Uh, yes. And then to report to the supervisor of what what's going on. In addition to handpicking me as a unit manager, you also observed my performance as a certified field training officer under your command. Is that correct? >> Yes. As an FTO, you expected me to manage recruits, evaluate their performance, and provide recommendations that determine their employment status. Is that correct? >> Yes. Under Maine statutory standards, an employee whose core duties involve directing work, evaluating personnel, and effectively recommending employment actions is executing supervisory functions. You know that to be true, correct? >> I don't know that to be true. >> You state your basis for the objection. >> He's making argument about what the statute means.
050Do you want to respond to that, Mr. Nichols? >> I'll let you draw a question. Major Felman, to be clear for this board, your testimony today isn't that I failed to perform the daily labor, staff directions, and operational supervision of a unit manager. Is that correct? Yeah, >> I don't believe you did the operational supervisions. That was for the corporal and sergeant on duty to do. Right. In the event that a corporal or a sergeant was absent for vacation or sick time, the unit manager was picked as the uh acting corporal. Is that correct? >> Sometimes yes, sometimes no. We had overtime um because somebody was on vacation or out sick and another corporal or sergeant wanted to take that overtime, then we would select them first. I have no further questions. >> You have
051any redirect? >> Um, Mr. Dr. Nichols asked you about whether at any point he was responsible for operational directives and you said yes. What does that mean? >> Operational directives are as far as I'm concerned uh very simple. Any peer can give an operational directive. If if we require a secure check in an area to be every 30 minutes um and you're coming up on that time and you could be late, uh a peer can say, "Hey, you're going to be late for your your secure check. You should probably go do that." I consider that an operational directive. >> Okay. Um and speaking of sort of the timing there, are there regular schedules and requirements that anybody regardless of their position including unit manager need to ensure are happening? >> Yes. Under the Department of
052Corrections and uh American Correctional Association standards, we have to have what they call a plan of the day. It literally maps out every hour of every day for the MA population what we can do and can't do. >> And is that plan of the day set by the unit manager? >> No. >> Okay. Um he asked about whether you he managed recruits and and you said yes. Um what does that mean to you? Ma well first we don't call them recruits but ma managing recruits would would um make sense to me of just helping them steering them in the right direction to do the right thing or or keep them from doing the wrong thing. It's really just kind of steering them and coaching them through situations that come up. >> Okay. And so to
053be clear that doesn't create any responsibility to discipline or take action if somebody's not doing what they're supposed to. No unit managers had any of that ability to do that. It was always of the corporal and the sergeant to do any counseling or discipline. >> Okay. How frequently was it that somebody in a unit manager position might be tapped to serve in an acting corporal role? >> Very infrequently. It it all depended on sick time or sickouts, I should say, and vacations. And and does that happen regularly in corrections where somebody is tapped to serve a role? >> Again, in an acting capacity, it vacations and sickouts. That's that's usually when it happens. >> Okay. No further questions. >> You have any cross-examination recross? Sorry, your mic attorney. >> I just have one. Um, Major
054Felman, were you aware that back in April of 2004, the sheriff's department sent me to attend training titled staff supervision for corrections professionals? >> Yeah, I recommended. >> Hang on just a second. >> It's on. Yes, I do remember that. I recommended you to go to that school. I have nothing further. >> Okay, I don't think we have any questions for the witness. Thank you very much. And Miss Ward, you may call your next witness. >> I will call Martin Fornier. Would you please state your name clearly for the record? >> Yes, it's Martin Fornier. >> And can you spell your last name, please? >> F O U R N I E R. >> Thank you. Would you please raise your right hand? Do you solemnly swear that you will tell the truth in your
055testimony at this hearing today? Yes, ma'am. >> Thank you. >> Hello. >> Good morning. >> Can you please um describe for people your history in law enforcement and with ACSO specifically? >> Dating myself. Okay. Um >> and make sure to step up to the microphone. In uh March of 1995, I believe, I was hired as a reserve corrections officer with the Andrew Scott County Sheriff's Office. Uh within a few months, I was hired on full-time as a corrections officer. Um I stayed in basically in the jail security uh position for about 18 months to two years. uh August of 97, I was transferred to the transport division and I worked uh side by side and directly for Eric Samson. Upon his transfer to uh programs officer, I was selected as the his replacement as the
056supervisor in the sergeant of transport division. I held that position pretty much until my retirement uh in 2015. Um I would say the last year of my career. I was the acting assistant jail administrator. Um I retired in June of 15 and remained on as a reserve law enforcement officer with the department. And then in December, mid December of 2015, I was hired back full-time as the communications director for the 911 center. I was also reserved Mechanic Falls police officer from October of 97 till June of 2004. >> Thank you. Are you familiar with Kevin Nichols? Yes, ma'am. >> And how are you familiar with him? >> I've known Kevin Nichols since his high school graduation, and he actually lives directly across the street from me. >> And at any point in time, have you
057supervised Mr. Nichols? >> Yes. >> And in what capacity? >> Uh, when I made transport Sergeant uh Kevin, and I forgive me, this is we're talking a long time ago. I don't know if he was already within the team as a regular transport officer or soon joined the team as a transport officer. Timeline es escapes me, but he did work directly for me as a transport officer. >> And what were those job responsibilities that he had as a transport officer? >> Basically, he the entire team was tasked with moving inmates in and out of the facility to all the various jails. uh throughout the state of Maine. We actually uh transferred inmates all throughout the country uh for several years. Um if there was a a need for an inmate to go to the hospital,
058we were tasked with that position. It was um we did court every day. We'd bring inmates over for their initial appearance or arraignment or trials. Um, basically all things moving inmates in and out of the facility. >> Thank you. To your knowledge, was Mr. Nichols ever a supervisor in the transport division? >> No, ma'am. >> Was he ever a supervisor at any other point in the organization? To your knowledge? >> Not to my knowledge. >> Okay. At any point in time did you stop supervising him? I believe he separated employment from the transport division and went to Mechanic Falls. >> Okay. Are you familiar with the role of field training officers? >> Yes, ma'am. >> What is that role? >> Again, it's been a long time. I uh so that role to me is you
059are there to as a peer to guide you. First of all, it will be a more experienced officer. Um or it could be a supervisor that has, you know, is directing that person, but it's typically a peer employee that gives insight and um guidance to basically new hires and allows them to grow and adapt um and learn the the day-to-day operations uh of the job that they're hired to do. um their primary responsibilities is to basically make sure that one they don't get hurt, two they don't hurt other people, um maintain the constitutional rights of the inmates that are there and protect the safety and security of the facility. >> Is it common to have field training officers in the transport division? transport division uh primarily was a uh a very steady employment status. Um
060there were times when we would ask for other uh officers that came in on overtime to fill in uh if there was a vacancy. Obviously uh the more experienced transport officers would accompany lesser experienced transport officers. Um, but they would work cohesively as a team. >> Okay. And when you say it's a steady status, does that mean there's not a lot of turnover? >> There was not a lot of turnover during those years >> and so not a lot of opportunity to train a new employee. >> Correct. >> Okay. How often would an officer under your command who is approved to be a field training officer actually be acting as a field training officer? very limited. >> Okay. And and can you describe that a little bit more? I guess I would uh I would
061echo Major Feldman's uh statement where when somebody gets put into the position of field training officer because you're constantly observing um the other employees operations to make sure that they're following within guidelines and expectations and not jeopardizing anybody's safety. Um so we would cycle through that role. uh in the transport division as tasks came up where somebody would need to guide another individual through completing that task. Um it could be you could act as a field training officer for an hour or you could act as a field training officer for a week >> and again that would happen occasionally due to the lack of turnover. >> It was a very small division. I I think we started out with well at first it was only Sheriff Samson and I and then it grew to three
062and then eventually four. >> Okay. And as a field training officer um working with a newer staff member or a less experienced staff member, would they under your command have the ability to engage in any discipline? >> No, ma'am. >> Could they schedule people for shifts? >> No. >> Could they send people home from shifts? No. >> Um, did they have the discretion to make a specific training plan for a person that was enforcable? >> No, that was my job. >> Okay. Um, would you be instructing your field training officers what specifically you wanted them to be coaching on? >> Yes, ma'am. Okay. >> No further questions. Mr. Nichols, would you like to cross-examine? >> Yes, please. >> Morning, Marty. >> Good morning, sir. >> As my supervisor during the time frame uh back in
063around 2004 to 2006, you were responsible for assigning transport details, reviewing operational logs, and ensuring transport safety. Correct. >> Yes. When you assigned me to transport inmates across the state or across the country, you were not physically sitting in the transport van or flying around on the aircraft with me. Is that correct? >> Correct. >> Therefore, the moment I left the facility with those inmates, the absolute operational command, safety, and security of the detail was placed entirely on my shoulders. Is that correct? >> I I would if you care to categorize it as the complete operational safety and security. Yes. as was your partner. >> When conducting long-d distanceance or interstate transports, transport officer is tasked with supervising inmates in a non-secure setting, high-risk uh public areas such as airports, public highways. Is that correct?
064>> Yes. >> In the nonsecure setting, the officer must constantly direct the movements, schedule the meals and rest stops, and control daily activities of the individual under their custody. Is that correct? the the team both at at no time would a outofstate transport uh be encompassed by yourself solely. You would have a partner and there would be a joint decision amongst the team. Oftent times uh during cross-country trips uh it was the practice of the sheriff's department to have one transport deputy and one patrol deputy uh to accompany them on the transport. Is that correct? Uh we had multiple uh it would I wouldn't say that was the majority. I would say we either had uh well-trained reserve officers, we had full-time corrections officers and we had patrol deputies and or detectives accompany a transport
065officer. Yes. >> All right. Um so when a patrol deputy would accompany a transport officer, that patrol deputy is not familiarized with the standard operating procedures uh that a corrections officer/transport officer performs. Is that correct? >> Yes. >> So the ultimate responsibility would fall on the transport deputy to accomplish all those goals at hand. Is that correct? >> Yes. If an inmate demonstrates non-compliance or attempts to violate department policy during any transport, the transport officer must immediately exercise independent judgment to correct the behavior or enforce compliance. Is that correct? >> Both members of the transport would have that same responsibility. >> Okay. If I was alone by myself transporting an inmate to say uh a dentist appointment, um you are ultimately responsible for that inmate's behavior. >> The department places direct accountability on transport officers
066for the for the conduct, safety, and secure movements of every individual assigned to that detail. Is that correct? >> I'm sorry. Could you repeat that? The department places direct accountability on the transport officer to conduct safety and secure movements of every individual they transport. Is that correct? >> Yes. >> Managing operational logistics, enforcing policy compliance, directing movement and holding direct accountability for others are the fundamental pillars of supervision. Is that correct? And what's the basis for your objection, please? Um, I'm going to overrule the objection. You can continue answer. Managing operational logistics, enforcing policy compliance, directing movement, and holding direct accountability for others are the fundamental pillars of supervision. Is that correct? >> In my opinion, that's a limited. Again, in my opinion, that's a limited definition of what I believe the foundational pillars of
067supervision are. >> Are you aware of the definition under title 26, section 1022 of supervisory employee? >> No. Interstate and nationwide transports require extensive planning regarding routes, multi-jurisdictional law enforcement coordination, and emergency contingencies. Is that correct? >> Yes, sir. >> The administration does not hand over cross-country transport details to officers unless they have demonstrated the highest level of leadership, reliability, and independent judgment. Is that correct? >> I would agree with that statement. based on the actual work tasks required of me, the independent judgment I exercised, and the operational responsibility I carried out under your command, that role constituted a true supervisory experience. Correct. That's overruled. Can proceed. I'll get it. >> Would you like that repeated ma'am? >> Yes. >> Uh the answer to that is no. That is not a supervisory role. That is
068a care custody and control of inmate behavior. >> The question wasn't that it was a supervisory role and but it was supervisor true supervisory experience >> of inmates. Yes. Okay. And would you agree that in the job description um it is for a transport deputy it requires supervising inmates in a nonsecure setting? >> Absolutely. >> I don't have any further questions. >> Redirect >> just if you have questions you should ask before you redirect. Okay. So, can you just clarify? Um, you said it was uh it was a supervisory experience of inmates. So, can you just elaborate that on that a little bit? You're saying it's not supervisory, but it it is a supervisory experience over the inmates. >> Yes, ma'am. It it is the direct responsibility of a transport officer to affectuate the care,
069custody and control of inmates uh during nonsecure transports. So you're basically supervising their in their behavior, the surroundings um and basically maintaining safety and security of yourself and the inmate during that out of uh that non-secure setting. >> Okay, great. Thank you. >> Yes, ma'am. >> You may redirect. >> Yes. Um, following up on that question, um, the supervisory control over inmates, um, does that exist anytime a person working in corrections is around an inmate? >> That exists from the minute you walk in the the front door to the jail to the time you walk out of that jail. Um, for every employee, every civilian member uh that's visiting, any attorneys that are walking through the facility, they are there to basically report to the supervisor or any other staff of any security issues that
070they may witness or observe. >> And are um corrections and transport officers trained to immediately respond regardless of their job description to an unsafe situation? >> Absolutely, ma'am. Okay. Um, you referenced um there was a question about operational command. Is operational command something that is general as in I am a field training officer so I have operational command or is it specific to specific job assignments and cases that somebody's involved in? >> Could you be a little bit more specific? >> Yeah. So when you when you say operational command is that specific to you are transporting this inmate >> Mhm. >> you are making sure that this goes smoothly. >> Correct. >> Okay. >> Yes. >> It's not a generally existing duty where they have control over others. No, it it it is directly related
071to the task at hand of maintaining that inmate's behavior um and making sure that they arrive safely, the none of the civilians that you come into contact with the community or or to prevent escape. It is direct care, custody, and control over the inmates behavior and the safety and security of the surroundings around you. >> Okay. And so let's use Mr. Nichols example of a cross-country transport with one patrol deputy and him as the transport deputy. >> Sure. >> If that patrol deputy were not listening to what uh Mr. Nichols asked, what rights would he have in that circumstance? he he would just basically uh I would hope that he would step up and make sure that his partner was acting as a as a true partner and a teammate um in order to make
072sure that they were both safe. Um but he would have no ability other than to report anformational or call me directly to explain the situation in which case I would handle it from there. >> Okay, no further questions. Do >> you have any recross exam? >> I don't. Thank you. >> Thank you, ma'am. >> Ready to call your next witness. >> Um, I will call um William Gagny, please. And I hope I pronounced your last name correctly. I should know by now. >> You did. Uh, >> would you please state your name clearly for the record? >> William Gagy. >> And spell your last name, please. >> G A G NE. >> Thank you. Please raise your right hand. Do you solemnly swear that you will tell the truth in your testimony at this hearing
073today? >> Yes. >> Thank you. >> Can you briefly describe the overall experience of law enforcement and what you started >> uh I've been a law enforcement officer since uh May of 1990. I started at the sheriff's office in July of 1990 as a part-time officer. 94 I was a permanent part-time officer where I was working 32 hours a week on a set schedule. In 1995, I became a full-time patrol deputy. In around 97, I was assigned to a violent crime task force and I went into more with the criminal investigation division as a detective. In 2001, I was promoted to detective corporal. And in 2003, I was promoted to detective sergeant overview overseeing the criminal investigation division. and I retired on January 1st of 2014 and went into um private and then I came
074back on January 1st of 2015 when Sheriff Samson appointed me as chief deputy. >> Thank you. Um and as chief deputy now, what does that job entail? >> I am the second in command of the entire agency. We have four divisions. uh corrections, public safety, which is our patrol and detective division, our civil division, and communications. >> And in that capacity, um do you have access to personnel files? >> Yes. >> Do you maintain those? >> Yes. >> And are you familiar with Mr. Nichols? >> Yes. Can you describe um the job responsibilities of a detective? >> As a detective um you oversee more of the major criminal investigations in the agency. um you become the lead investigator uh making sure that all of the pieces are being looked at and pulled together into one
075case and that that case will ultimately be presented to the district attorney's office for prosecution. >> And is that role supervisory in nature? >> No, it is not. >> And what um is there a supervisory position above that? >> Yes. Okay. And so, um, when running a crime scene, what authority did does any detective have over the officers also working that crime scene? they can um ask the other detectives or patrol deputies to do certain tasks uh for follow-ups or if their reports aren't done for them to finish their report so they have them um they can ask for other you know assistance in the overall investigation. >> Okay. And and what happens if the person that they're asking to complete a task doesn't do that task? The detective would then need to report it
076to the detective sergeant. >> Are they able to take any independent action on their own? >> They have no um disciplinary authority. >> Do they um have the ability to terminate someone from their position? >> No. >> Or send them home from a crime scene? >> No. So, as a person familiar with different job descriptions throughout the organization, are you familiar with a field training officer position? >> Yes. >> Um, who makes decisions about who will and who will not be a field training officer? That's usually a um decision made by our public safety director, myself um in consultation with the patrol supervisors. >> Is it common for more experienced officers to be a field training officer? >> Yes. >> And and why is that? >> They tend to bring more experience uh to the
077table. Um, it's also, you know, we want the newer people coming in and we want the older, more experienced officers to share their information and knowledge. >> And what authority over the person that they're training does that field officer have? >> So, as a deputy or a correction officer assigned as a field training officer, they have no supervisory authority. We do have some corporals or sergeants on especially on the patrol side who also are a field training officer and they would have supervisory experience or um ability over an FTO. >> Are there specific reasons a particular person might be identified as the appropriate field training officer on any given day? >> Uh it's usually based upon their their actual experience. We have some that are really good at certain um parts of law enforcement or
078corrections. So, we make them their as their specialty or they're really good at it. So, they try to hone in on those skills. >> And are there ever times where somebody who maybe doesn't want to be a field training officer serves in that role for a period of time? >> Yes, we've had that experience as well. >> And can you describe that a little bit? >> Well, that was probably me as a patrol deputy. um wasn't a task that I was really interested in. Uh but there was times where there were no other personnel available. So I would be assigned to take somebody with me um out on the road to show them, you know, the roads and our processes and procedures. >> And has the Androskan County Sheriff's Office adopted the main criminal justice
079academy field training manual? I don't think we've adopted the main criminal justice academy. We have sent uh we back when we first started getting a training sergeant for the whole agency which would have been late 1990s early 2000. Um the training sergeant at the time Eric Parker started to develop a program. Uh we've also looked at the San Jose model for for patrol. So we've kind of used and developed our own manual. And do you use any of the forms that the main um criminal justice academy suggests in their training? >> Not that I'm aware of. >> Okay. >> To your knowledge, has Mr. Nichols ever written an evaluation or progress report um or formal discipline for any officer he's supervised? >> No. I want to talk briefly about the chain of command and how
080it works at the ACSO. Um, what positions are considered supervisory positions on the the corrections and patrol side of things? >> Uh, corporals and sergeants. Um, on the jail side, we then have a cap. Currently, it's a captain. It was a lieutenant back when Mr. Nichols would have worked there. That would have been the assistant jail administrator. Then it went to the jail administrator, which was a captain, but now a major. And then it goes to the chief deputy. On the patrol side, it was we didn't have corporals for the We had corporals and then we got rid of them. We had sergeant. We always had sergeants. Um then we had a lieutenant who was the assistant public safety director. That position no longer exists. Then we have the public safety director, which was a
081captain, but it's now a major. and then myself. >> And how um why, excuse me, why is it important to have a chain of command with specific supervisors identified? >> So that way any employee knows who is actually in charge or who they need to go to if there's a problem. >> And are there ever issues where a line staff member just makes the decision that they must be in charge? it would is in there were times when um we didn't have a supervisor because back then there was very limited supervisors on the road. So the deputy in charge which was always the senior deputy if they had to um get on a scene a major scene and a decision had to be made the deputy in charge or the senior deputy could make a
082decision until either a supervisor showed up or somebody from administration. And when you say decision, do you mean about what to do at the scene or do you mean about someone at the scene in the employee of ACSO's decision making or actions? >> What to do at the scene? >> Okay. Do folks outside of those positions that you named have any authority whatsoever over other staff? >> No. No further questions. >> Can you your microphone, please? Um, >> would you like to cross examine? Thank you. >> Yes, please. >> Morning, Chief. >> Good morning. Um, you're introducing my personnel file today to show my official administrative titles and ranks over my career. Is that correct? >> I I believe it was entered into evidence. >> A standard county personnel file doesn't contain the log of
083every active crime scene a detective manages. Is that correct? >> That's correct. It doesn't contain a log of every weekend shift an officer spends directing reserves deputies on the road. Is that correct? >> That's correct. >> Therefore, while my file proves I held the official assignment of detective and patrol deputy, it doesn't structurally track the fluid day-to-day operational supervision I exercised over assisting personnel at scenes. Is that correct? >> Can you can you repeat that? >> Yep. My file proves I held the official assignment of detective or patrol deputy. It doesn't structurally track the fluid day-to-day operational supervision I exercised over assisting personnel at scenes. Is that correct? >> Well, those two positions were not supervisors, so that's correct. They wouldn't show it. >> Are you aware of the definition under title 26 section 1022
084of supervisory employee? >> I am not. >> Okay. Um you testified that corporals and sergeants and above all um hold the title of supervisor. >> Correct. >> What color badges do they wear? >> Gold. >> What color badges do detectives wear? >> Back when I was a detective, it was silver. Um, and then when we started doing it, we made them gold because it was more of a a sign they they were a detective. It was something we decided they would let them do. >> Do detectives currently receive a percentage of their base pay on top of their regular pay for holding the title detective? >> Currently, but not back when you were employed. Do corporals receive a percentage above their base pay for holding the title corporal? >> They hold a stipen. Yes. >>
085Um, you testified that I have never conducted any performance evaluations. Is that correct? >> Correct. >> Uh, are you aware of what I was tasked to do as an FTO inside the jail? >> I am not. Are you aware that I completed performance evaluations on every trainee that I supervised? >> I am not. >> Are you aware that I completed performance evaluations on every member of the department that I trained during defensive tactics instruction even including new employees and uh current staff? I am not. >> To find out what an officer actually did on a shift, we have to look at work tasks performed, not just labels in a personnel folder. Is that correct? >> I don't understand your question. >> To know what an officer did on a shift, you have to look at
086the task performed and not just labels inside a personnel folder. Is that correct? >> Their activities. Yes. >> When I was a detective, you were my direct supervisor as the as the detective sergeant. Is that correct? >> Yes. >> You assigned cases to me, monitored my progress, entrusted my judgment to handle complex high-pressure investigations. Is that correct? >> Yes. >> When a primary detective is assigned to a major active crime scene, that detective is the person operationally in charge of that crime scene. Is that correct? They're in charge of the investigation and how the direction is going unless they're told otherwise by the detective sergeant or somebody higher. >> So that would leave them in charge of the crime scene. Is that correct? >> I'll give you that. They were the lead investigator. >> Just
087a yes or no. >> They were a lead investigator. >> Okay. >> As the primary detective, my job duties including assigning specific investigative tasks to any patrol officer or deputies assigned on that scene. Is that correct? >> Yes. You could ask a deputy to do something. >> While running those scenes, I was responsible for monitoring their work, ensuring evidence was properly secured, and directing the immediate flow of the investigation. Is that correct? >> Yes. Did you have the opportunity to review my personnel file before coming here today? >> I got a foyer request for specific items and that's what I provided. >> You saw that it contains specialized certification and crime scene investigation, interview and interrogation and advanced tactics. Is that correct? >> I believe it does. I I didn't specifically recall seeing it, but
088I believe it does. The department doesn't invest that level of advanced training in an officer unless they have demonstrated independent judgment and leadership capabilities. Is that correct? >> Well, we provide that that type of training to people in certain positions like a detective would. Would you agree that my entire record within that file reflects a dedicated, highly trained officer who consistently stepped up to take on operational command responsibilities whenever the agency required it? >> I think you were a very dedicated employee. The command presence part I don't agree with how it's worded, but the rest of it, yes. >> I have no further questions. Thank you. Good morning. I just have a a couple questions for you and I just want to sort of understand in my head how the the sheriff's office works in
089certain ways. So, >> um maybe it's best to ask this sort of as a hypothetical. I mean it imagine a situation where um you know somebody a patrol officer working with a detective um on an investigation commits some sort of misconduct. um the detective observes it. Can you explain the process by which um that employee would be disciplined? What role would the detective have and then if anybody above him, what role would they have? >> Sure. The detective would need to report it to the detective sergeant or another supervisor or member for administration. Report what occurred and then that supervisor administrator would then take action if deemed necessary. >> Okay. Thank you. And what is the role of the detective sergeant? Can you explain that a little bit more? >> The detective sergeant uh was
090the overall supervisor of the criminal investigation division. Back then it was only three. It was the detective sergeant and two detectives. At one point we had a detective and a jail investigator, but they were both essentially detectives. And the sergeant would um delegate or assign the cases that needed to be investigated. And when the detective was done, their cases would go back to the detective sergeant for final approval. Okay. And this might be my last question, but um I I assume the office does performance evaluations for officers. >> Yes. >> Um for let's say, you know, the lowest level officers, you know, so I guess patrol officers, right? Uh who who does those um those performance evaluations? >> The patrol sergeant. >> Um and the patrol ser can and can you just So the patrol
091sergeant and the detective sergeant obviously are two different people. Yes. >> And am I right that the patrol sergeant supervises the uh patrol officers and then the detective sergeant is above the detectives? Sorry. >> Correct. >> Okay. All right. Thank you. I think I've I've got it. >> That's all I have. >> Redirect. Um just briefly regarding the field training officer position, um other than the field training officer themselves, who has input into whether a trainee or recruit moves beyond field training officer or field training and what the outcome of their field training will be. >> So the there's usually a sergeant that oversees the whole FTO program in patrol. So once the um new employee was towards the end of their training, the the sergeant as well as the FTO's get together and discuss
092any issues or concerns and then the sergeant then does a memo up the chain of command that this person is either good to go or whatever those issues might be. >> Is it safe to say that often one individual who is a new hire will have worked with multiple FTO? Yes, we try to spread them around so they get different levels of experience or different perspectives of things. Like I said, some have some FTO's are experienced in in OUIS for example. So the new officer will spend time with that officer that FTO doing OUIS or motor vehicle laws or whatever their kind of specialty or whatever that assignment is. >> Okay. And would you describe um the report that is done by a field training officer as a performance evaluation or a progress report? >>
093Some some call it progress report, observation report. Um you know, they're documenting what occurred during that particular shift or that particular week. Uh anything that they did good or anything that you know there's concerns about. And so is it safe to say that what they're documenting is whether something did or did not happen that should have >> correct. >> Okay. No further questions. >> Um Miss Ward, can you >> Thank you. >> Well, I don't want to leave it on. Do >> Would you like to read it? Recross. >> Just one question. Um For the record, you testified earlier that you were not aware of any of the tasks that I performed as an FTO or unit manager or instructor inside the jail. Is that correct? >> I was as familiar with what you specifically
094did in the jail back then. No. >> No further questions. >> Thank you. Call your next witness. Excuse. Thank you. Um, my next witness should be appearing by Zoom. That is Moraurice Strean. >> Mr. Thank you. Um, can you please state your name clearly for the record? >> Morris Duan. >> Can you spell your last name, please? >> D R O U I N. >> Thank you. Would you please raise your right hand? Do you solemnly swear that you will tell the truth in your testimony at this hearing today? >> I do. >> Thank you. >> Can you briefly describe your history in law enforcement at the Androsken County Sheriff? >> Yes, I uh was hired in August of ' 07 as a patrol deputy. I held that until 2012. I became a detective and
095I was a detective for two years. Um, in 2014 I was promoted to the detective sergeant where I currently am now. >> Um, when you were a detective were you a supervisor? >> No. >> Are you familiar with Kevin Nichols? >> Yes. >> How are you familiar with him? >> Uh, I met Kevin when I came to the sheriff's department here. Um, and we were co-workers and friends. >> And at any point in time, did you become his supervisor? >> Yes. >> And what was he serving as a role when you became his supervisor? >> Uh, he was a detective. >> Okay. During your time at ACSO, um, were you familiar with the use of the field training officers? >> Uh, yes. And do you have experience on the patrol side and corrections or only
096one or the other? >> I didn't have any experience in in the jail. >> Okay. Um, can you describe for us what a field training officer does in patrol and how they get chosen? Uh, so specifically when I when I was hired back in ' 07, the um you were assigned to pretty much every employee here had like a niche that they were specializing in. Um, and one deputy was was great at traffic enforcement. So um, when you started FTO, you were given a book of all these tasks you had to complete. And uh when you got to a point in the book that meant like so in my example, traffic enforcement, I would go to that deputy that specialized in it and I would spend some shifts with them working through the book of
097all the things that that that entailed. And uh I I think when I went through field training, I rode with every every deputy and sergeant that was here. >> And during the time you supervised Mr. Nicholls, was he serving in a field training officer capacity? >> No. >> So, he was just doing detective work under your supervision. Is that accurate? >> He was a detective. Yes. >> Okay. Um, getting back to Mr. Nicholls, um, at some point did he move on from your supervision? >> Uh, yes. >> And why did that happen? >> Uh, he left the agency. Why did he leave the agency? >> Uh he was disciplined and uh the agency chose to separate. >> And what was that discipline for? >> Tell me what the basis for the objection is. >> Yep.
098We're here to discuss my supervisory experience. not any disciplinary records. >> Can I have your response, please? >> Yes. At the outset, Mr. N Mr. Nichols um referenced his um career. I don't have the exact word, but essentially getting to his exemplary career. um that he even questioning a witness was asking questions about um his leadership and following procedures. I do believe that the answer goes to his credibility um and will aid you in making a determination in this matter. And additionally, I apologize, um, he consented to, um, the admission of documents referencing, um, a main criminal justice academy finding made as a result of this. I'm just trying to get the agency position. The the objection is overruled. >> Can I ask the witness to the sound is a little tough. Can you speak
099up a little bit, >> please? >> Could I get the question again? >> Yes. It was um ultimately why was Mr. Nicholls disciplined that led to his separation from the agency. >> I don't know what the exact policy violation that was that was referenced in that um but it was a some type of policy violation. >> And can you describe what the policy violation was specifically? What did he do that was a violation of policy? >> Uh he looked inside a suspect's cell phone. And why is that a problem? Why could he not have done that? >> It was pre-warrant. >> Mr. Nichols, would you like to cross-examine? >> Yes. Thank you. >> Morning, Mo. >> Morning. Uh you and I had a long professional history together and for many years we worked handinand as
100equal detectives. Is that correct? >> That is correct. >> During that time we co-managed and investigated numerous high-profile highstakes criminal cases together. Is that correct? >> That's correct. On those major cases, we shared the operational responsibility of directing active crime scenes, assisting investigative tasks to assisting assigning investigative tasks to assisting patrol deputies and managing joint operations. Is that correct? >> That's correct. >> Based on the extensive firsthand experience working alongside me, you knew I possess the independent judgment, command presence, and leadership required to run complex operations. Is that correct? >> Correct. >> Are you aware that my personnel file contains several official letters of communication showing my upward career progression? Correct. >> I haven't seen your file, but I I mean when when we worked together, I knew some of the things that you've completed.
101>> Some of those documentations. uh show that I was selected and promoted to fill a vacancy that you left behind. Do does that ring a bell to you? >> Uh I I don't it doesn't. What What vacancy? >> Um so the jail investigator position then later the detective position. >> Okay. Yes. By placing me directly into your former roles, the administration formally signaled that my operational capabilities and leadership readiness match the standards you had established in those positions. Is that correct? >> Correct. >> Towards the end of my career as a detective, you became my formal direct supervisor. Correct. >> Correct. You currently supervise all detectives in the department, so you know exactly what the job entails on a daily basis. Is that correct? >> Correct. >> Even when you were my supervisor, when I
102was assigned as the primary detective on a major crime scene, I was the one operationally running that scene. Is that correct? >> Correct. In that capacity, I was actively directing the assignments of subordinate patrol officers, monitoring their work, evaluating their execution of tasks, and ensuring policy compliance on the scene. Is that correct? >> Mostly correct. Yes. >> As my supervisor, you relied on my field direction, my evaluations of the scene, and my independent judgment to ensure the integrity of the department's highest profile investigations. Is that correct? >> Correct. No further questions. Thank you, Mo. >> Do you want to redirect? >> Um, just one question. Um, you answered to one of his questions that it was mostly correct. I believe that question referenced his actions relating to subordinates. As a detective, are the folks working
103on a crime scene with you actually subordinates? >> No. >> Thank you. Any recross? No. Thank you for your testimony. >> Call your next witness. >> At this time, I would ask for a brief break. Um, it's very warm in here and I think just being able to go get a drink of water would be great. >> I concur. You want to do what? >> 10 minutes. Sure. >> Let's do a 10-minute break. Recess. Okay, it's uh 11:35 a.m. on June 3rd. We're back on the record. Uh and uh Miss Ward, would you call another witness? Yes, that didn't work. But it sounds like a I think it it sounds like it's worked. >> All right. >> Would you please state your name clearly for the record? >> Eric Samson. >> And spell your last
104name. >> S A M S O N. Uh, raise your right hand. Do you solemnly swear that you will tell the truth in your testimony at this hearing today? >> Yes. >> Hello. >> Mike, where are you employed? >> I'm currently the sheriff of Anders County. >> And how long have you been in that position? As sheriff, I've been serving since January 1st, 2015. >> And prior to that, what roles did you serve in law enforcement? >> I started my law enforcement career in uh the summer fall of 1991 while attending uh University of Maine. I started as a part-time corrections officer. I got hired full-time in the fall of 93. um approximately March of 95 I was promoted to transport corporal. Sometime later the position was a ele elevated to a s the rank
105of sergeant. Um 2004 I transferred to a lateral transfer to a sergeant position the director of programs. From 2004 till 2010 I served as the uh programs director. Uh but I did two separate stints for a total of 24 months as acting chief deputy for sheriff guide. uh 2010 111 that December January I transferred to I took a demotion um for a career opportunity for me uh to the Poland patrol deputy and then later that year transferred to county patrol deputy uh retiring in 2014, October of 2014, winning the election in November of 2014 and coming back um to serve as sheriff in January of 2015 and during that time I served um McKinn Falls as a reserve officer from 1997 October 97 till 2001. >> Thank you. Can you talk to us about what
106the job of sheriff entails? Um well like anything else in law enforcement everything's always evolving as well you know on whether it's the road or corrections but uh sheriff of Andrew Scott County I oversee four divisions um corrections patrol civil uh communications uh 10 to$15 million in budgets staff of 105 full-time employees um we evaluate um positions as they become v vacant to address needs as we can to uh be fiscally responsible. I'm directly involved with capital plans. Um unfortunately involved in things in the main state legislature. Uh several committees as sheriff that I'm involved in. Um you know whether it's I'm on the main care of continuum board of directors. Um I'm on the corrections council for the state of Maine as well. So you pick up additional roles and responsibilities as well as
107other boards I've served on due to the position of the capacity. Um but uh we evaluate programs, we evaluate staffing levels, needs of the community. Um it encompasses all and uh we uh try to help employees develop and evolve in their careers as well. That's one of my major goals to fix the inner workings um to support employees so we can provide better services. And in the process of doing that, do you often offer training to employees who are not yet supervisors to equip them to become supervisors? AB: >> Absolutely. Um you you develop whether it's specialty skills um that it aligns with somebody's work habits or experience or you want to develop people so they can perform for their potential um to give back to the agency and to give them opportunities for advancement
108down the road. And does doing that training automatically qualify them and have them become a supervisor? >> No. >> Okay. >> Are there particular policies that you need to be monitoring for and and operating as sheriff? >> Yes. I'm required to um sign off on all policies. Uh so sporadically, I'd say every two years we evaluate all of our policies. Um sometimes they're revamped. uh updated modern practices. Um we actually contracted with a company a year or two ago, a year ago to go through our policies with us for appropriate wording and to meet standards. Um and we've done the same thing on the jail and currently on the jail or corrections. We're going through national accreditation. So that involves a lot of work with the policies. So um something that I'm that I do
109regularly is I'll have policy um amendments sent to me or development and reviewing those and we have conversations with supervisory staff and ad amongst administration before we sign off on them. >> And it's safe to say that you are responsible for oversight of the entire organization. >> Yes. >> Um you have help with that. >> Absolutely. Um, who oversees you? >> So, um, I swear an oath to uphold the constitutional laws of the state of Maine. Um, I'm governed largely by title 38A. When you look at the basics of it, um, the commissioners are the herring holders, for lack of a better term. >> And when you say the commissioners, who do you mean? >> The county commissioners. There are seven elected in our county by uh, charter. And, um, we present budgets to them.
110And once the budgets are oper authorized, we operate within them. I'm elected by the people. You serve the people. Um and programs or other initiatives, if there's cost associated have to be supported through the budget process. Uh oftentimes we're successful um in receiving grants and things of that nature. Um, but yeah, for lack of a better term, I try to collaborate with whether it's the general government side or within our administration to help the agency evolve, improve, and offer more to the communities we serve. >> Thank you. As sheriff, is it helpful to have historical knowledge of the way the organization has functioned in the past? >> It it's been helpful to me. Um and commissioners have actually noted the historical knowledge uh for a period of time over the past well in 2023 I
111served as interim county administrator for for nine months. Uh I was offered the job and refused it. Um but it's been valuable when we're talking about why things have been done or why things were done away with because I have the knowledge. Um and throughout my career I was actively engaged in things with the agency. um one because I was in leadership and supervisory roles, but two I was um president of the union for approximately nine years. >> Thank you. I want to turn your attention to what's been marked as exhibit three and entered. There should be a copy in front of you on the lectern. Is that correct? >> Yes, there is. >> Okay. I want to turn your attention to the organizational structure of the organization. Um, looking to the bottom right hand
112corner when we see correction officer. Um, are there positions in the organization that are subordinate to the correction officer position? >> Uh, >> can you hang on just one second? We're just trying to look at a copy. >> I'm sorry. >> We're all set. Thank you. So the corrections officer position is the baseline entry level position into the corrections facility. >> Okay. Um and so looking at the transport deputy position. Is the same true there? >> Yes. Uh it would be a lateral transfer for a corrections officer. But um there have been times where people have sought demotions much like I did when I left programs director via patrol deputy. It was actually a demotion, but it was one of my career goals. So, yes, it's the same. There's nothing beneath the transport deputy. >>
113Okay. And would you agree that the same is true of the patrol deputy? >> Yes. >> Okay. When it comes to detective, is the detective position um superior or in a position of supervisory power over any of those positions we just discussed? >> No, it it was actually design determined sometime it's dur during sheriff just Jordan Jardan's tenure um when they started increasing the amount of detective positions that you were promoting people or transferring people into a detective's position based on their work experience and their expertise which is why as the division expanded it was one supervisor one sergeant of detectives in charge um so the detectives that were brought in were brought in because of their work experience their interest their expertise uh not to perform any supervisory duties >> is Is it safe
114to say that a detective is a member of a team and not the um supervisor of the team? >> Yes. >> And and is that for any um crime scene that they are investigating? >> Yeah. I mean on a crime scene where I've been there as an administrator, as the sheriff, I've been uh as a patrol deputy. Um it's a collaborative effort there. And like any incident command, you're relying on people where their strengths are to gather in information. There's been scenes where I've shown up on it because of timing as sheriff where I don't come in and, you know, take over. I might have an outside of the perimeter role there or um but so a detective is basically collaborating with those on scene as they arrive and somebody with authority will divvy out
115the tasks whether that's supervisor or member of administration. >> Okay. Um Mr. Nichols in his questioning of a former witness characterized his um transitions as a promotion. Would you agree with that? No, they're all uh lateral transfers. I mean, you know, different people might view where they fall in the spectrum uh in law enforcement in the field, but uh corrections officer to transport deputy, that's a lateral transfer. Uh patrol deputy to detective, it's a lateral transfer. You're transferring to a specialty position. Um >> objection. >> What's the basis for the objection? I would just like to note that um a question ago, the sheriff testified that the detective was in fact when somebody was promoted to detective. >> That's over. >> To the extent that becoming a detective could be seen as a promotion, what
116does that really entail? Well, if you want to consider where somebody's coming from, historically in our agency, so we're not hiring from outside, um it would entail I would submit a document to the commissioner's office saying, "Please transfer John Doe from patrol on days A to the position of detective." Um same rate of pay, uh things of that nature. Um and then it gets approved. Is that what you're asking? How how the process works? Yeah. >> Okay. And so it is a different position with different responsibilities. >> Yes. >> But not a promotion. >> Not a promotion. >> Are you familiar with Kevin Nichols specifically? >> Yes. >> And how are you familiar with him? Um he came to work for the agency in late 90s early 2000. Um I mean I can go through
117my experience with Kevin. >> Um yeah. So is he still employed there? >> He is not. >> Okay. Um during the time he was employed there, what jobs did he Well, let me back up. Are you familiar with his personnel file? >> Um not that I've studied it, but I'm familiar with his work history. Yes. >> Okay. And what positions did he serve in at ACSO? >> He came in like many of us as a reserve corrections officer. I believe he came in for a little while and he left because he was going to join the military but had a condition that that didn't work out. So he came back as a um full-time corrections officer. Uh over time, I actually think it's when Martin got promoted from my position. I think that's when uh
118Kevin came into transport uh transferred from corrections into transport. Uh then he left resigned a couple years later on I would think he went to Mechanic Falls PD for three to five years is my best guess. Um I think he applied for several jobs. Um and understanding how our union contract works and we like to hire from within. Uh, I think I a guess is he determined his his best chance of securing a patrol position would be to come back uh in the jail and wait for one to open up and it would look at his employment history where he came back as a full-time corrections officer, applied for a patrol position. I think it was the Poland patrol position. Transferred from the jail to patrol, then transferred from the Poland patrol to the Connie
119patrol, then transferred into C. >> Okay. Um, we previously heard from a witness that there was a separation um from ACSO that became permanent. Is that correct? >> Yes. >> Um, was that voluntary or involuntary? >> Um, I believe we submitted the letter of resignation. Um, he was given the option. Kevin was a friend. Kevin is is a friend. Um, he was a supporter. Um, but we demand accountability within. Um, but as a friend and a supporter, I gave him the opportunity to resign, uh, letting him know that I would have to move to terminate if he didn't, and his letter of resignation reflects that. >> And we heard that he was terminated for a pre-warrant search. What is the significance of doing a pre-warrant search, and why was that not permitted? >> Well, it
120it it was a little bit more than that. Um, you're you're you're violating a constitutional oath. you're you're violating somebody's civil rights by doing that. But part of the action was after looking through the phone. Um he submitted an affidavit for a search warrant and the search warrant was issued. He he discovered after talking to several people that looking into that cell phone would be timestamped they'd find out. So the ADA that received it had already issued the search warrant was confused why he was asking for it back. What's the basis for your objection? >> It's a false statement. There was no search warrant that was ever issued. It was a rough draft of an affidavit that was submitted to the district attorney's office. That rough draft was such a rough draft that it contained
121the aience name of a state trooper. Not even didn't even have my my name on it. So, it was an unofficial document. There was no warrant ever issued. >> Uh, I'm going to overrule that. Can continue. Um so so Kevin I believe off memory reached out to a supervisor who advised him to I I believe uh contacted union rep or somebody else. I I don't believe his supervisor wanted anything to do with the situation that it created. Um I believe it was Monday morning. I had the elected district attorney in my office explain to me clearly what the violation was um and what would happen uh with Kevin's law enforcement career um related to uh Gigglio um and his ability to testify >> again what is your basis Uh, I object as the testimony he's
122giving is hearsay. The district attorney is not here to testify to any of this. >> Miss Ward, do you have a response to that? >> Yes. Um, the rules of evidence do not strictly apply in a hearing like this. Additionally, we're not getting to this necessarily for the truth of the matter asserted. It's getting into decisions made by the sheriff's department relating to the employment and Mr. Nichols qualification to serve. I do believe it is relevant for the truth. Um, we have a person here is familiar with the circumstance who had to make a determination about whether to continue Mr. Nicholls employment. Um, and that's what we're looking to speak to. >> The objection is overruled. Um, so understanding it would jeopardize any case that Kevin Nichols would be involved in, as a friend, I
123looked at what I could provide for him as employment and realized whether it was the jail and jail logs, um, dispatch and dispatch logs. Um, and understanding that I had somebody that violated somebody's civil rights, um, I approached Given with the alternative of resigning. And as you can see from his letter of resignation, and I did inform him if he wouldn't resign, I would uh move to terminate. And his letter of resignation states that. >> And I don't want to spend much more time on this, but can you explain what Gigglio is just so everyone understands. >> Um I can tell you once Gigglio is established, you have no credibility. Um, so what happens is they find you to have been dishonest on, we'll say, the affidavit or the process. Um, the next time you
124go before court at that time, you're talking 2015, the responsibility, in my understanding of the district attorney would have to be to announce the issue. they would have to, I guess, stop the hearing and have a hearing to actually establish and permanently um place somebody on that list. And and the reason I say that at that time is I know uh and I've actually spoken to to Kevin about this when he told me he was running. Um there have been efforts legislatively to get more of due process um involved in placing an officer on a gigio list because once you're on the gigglio list and you have no credibility, your your career um is effectively done. >> Thank you. Um during the time Mr. Nichols was at the ACSO, did he serve in any supervisory
125um employment positions? >> No. Um he was a field training officer. Is that correct? >> Yes. >> Okay. And um he was also a unit manager. >> Um from what I've seen, yes. >> Okay. And in both of those positions, would he have had supervisory employment experience? >> No. During those positions, would he have been um primarily responsible for directing the activities of others or would he be doing the work that he would be doing if assigned to the unit without others there >> as FTO or so as >> okay no I mean we're coming from both divisions much like you know Kevin's history when a new employee comes in they're assigned to work with an FTO or a senior staff member who acting as an FTO. It it's kind of a shadow thing to
126start with and then as they feel comfortable, you introduce them. Um, but it's your job to introduce them into the field and into the performance of the duties, but you have no supervisory. If you have concerns, you have to reach out to either whoever's coordinating the field training program um or the shift supervisor that's working that day. Um and as unit manager my recollection is we were always looking to address these like I stated is this history of saying um what's the best way to address the problems we're having running the facility during that time. The problem we're having at the facility during that time is with the rising headcounts the corporals were always being uh the assisted shift supervisors were being forced to stay in the zones a lot more than they had to
127because you know meal passes recreation sick call things of that nature. So at the time we said well why don't we come up with this position uh you know we'll try it out unit manager they'll be available to assist and provide guidance um to officers working those zones so that way it would free up the supervisor to complete supervisory tasks like um inspections of the zones or anything that might be going on. uh it it lasted I believe for six months to a year and I think we put staff in other places to deal with the headcount issues which in effect allow the supervisors to free up time >> and and so if I'm wrong correct me but what I'm hearing you say is the unit manager was essentially another body on the floor >>
128to do the things that the person posted to the floor would be doing. >> Yes. With a rising headcount, it creates a lot of pressure. Um, and when you have activities like Max is locked down, takes two people to take them out of cells or when you have sick call lining up in the hallway waiting to see. Um, these are things that involve supervision or oversight of inmates. Um, as well as bringing people down on the elevator for recreation. It was more appropriate to have an officer there to assist than it was to have a supervisor tied up doing base level tasks. >> Thank you. Um, on both the corrections and uh, law enforcement side of the sheriff's office, do you expect every employee to exercise some amount of independent judgment? >> Yes, you hope
129they evolve over time. Um, one of the biggest honors you have um, beyond serving the public is discretion. Um, you know, you have policies, procedures, a plan of the day that was mentioned. Um but you hope that people with training, education, and experience develop into having improved judgment and um learning to handle anything that can come before them. >> And and does that independent discretion that they have in responding to a specific situation um provide them with a supervisory role over others? >> No, it does not. >> Okay. Sheriff Samson, have you been in a contested race before? >> Yes. >> Um, how many times? >> Well, three terms on the city council, all contested, and as sheriff, I ran contested once and lost and contested another time with two opponents and won. >> And
130have you ever filed a challenge to someone's candidacy before? >> No, I have have not. >> And why not? um because they were all statutoily qualified. >> Okay. Why are you challenging Mr. Mi Mr. Nichols petition to be the Androskan County Sheriff um candidate? Now >> I took an oath to uphold the constitution and the laws of the state of Maine and um the law is clear to me what the stup supervisory experience was and I believe that Mr. Nichols or I know that Mr. Nichols does not meet that requirement. >> No further questions. >> Would you like to cross-examine? >> Yes, please. >> Sheriff, under the uh title 30 for the qualifications of supervisory experience, um is it defined anywhere in that statute? I'm not familiar with it being defined or not in that
131statute. >> Um, are you familiar with the definition of supervisory employee under title 26-1022 and labor standards? >> I I am not. >> Okay. Um, you testified a few moments ago that I was a supporter of yours and you sought to look for other placement for me inside the facility. Is that correct? inside the agency. >> Yes, >> that that is. >> Yeah. So, is it your testimony that your supporters get special treatment? >> No. >> Are you aware of the process of um how somebody may or may get on a gigio list at the district attorney's office? >> Am I aware of the process? Um since your your issue um there's >> a yes or no question answer would be all right >> generally yes >> okay are you aware that >> and the
132basis >> yes he asked a question and then cut off the answer that's inappropriate he needs to allow an opportunity to answer if his answer is not responsive at that point he can object Um, I'd like you to answer the question. >> Um, I've seen instances where situations were reviewed determined uh not to meet the criteria of I can't speak to what they were. There was just an allegation. Uh we routinely get requests from defense council um with people's work history and um challenges there and some you know a guy called in sick and he wasn't sick. It you know and might have been disciplined for but that doesn't really rise into Gigglio as determined by the court I guess would be an example. Are you aware that the district attorney's office maintains the Gigio
133list and that it's not maintained anywhere else? Um, I I am aware that there isn't one large repository of the list, if that answers your question. I I don't know what the DA's formal practice is. Are you aware that an officer is entitled to a hearing in order to determine if they be placed on a Gigglio or Brady list? I know that from my experience in your situation that when you came to hearing on a case they would notify the judge defense council and you would have your hearing at that time. So I think we're talking the same thing. >> Are you aware that back in 2015 it was Andrew Matulis who maintained the Gigglio Brady list? >> I only dealt with the ADA and the DA at the time that were involved in your
134case. Are you aware that Andrew Matulis explicitly stated this was not a Gigglio violation? >> I am not aware of that. Um, but I have talked to the current DEA who agrees it's not a an issue that goes away when the dust settles thing. It would come back up if you entered in law enforcement, but I know from your consent degree you can't enter law enforcement. >> Do you believe that the office of sheriff is law enforcement? I absolutely do. >> Uh would you agree that from my consent agreement that the academy has authorized me to be reinstated for eligibility in the event I was elected sheriff? >> I do believe from reading your consent agree if you were successful in the election you would be given the opportunity to go through the reertification pro
135uh process for sheriff but you can't pursue police or corrections work. So you agree that per the academy I'm eligible to be reertified? >> I do agree that you're not reertified now, but if you were to win the election for specifically the sheriff of Andrew County, you could be reertified. Yes. >> Okay. Have you seen anything in writing pertaining to the Gigglio uh situation from the DA's office? >> I have not. >> All right. You're familiar with the position of compliance, Sergeant. Is that correct? >> I am. Yes. on in your administrative flowchart. Who does the compliance sergeant supervise underneath according to the flowchart that should be in front of you? >> Uh, currently she doesn't have any staff assigned. >> Despite what the chart shows, a compliance sergeant still holds the rank the rank
136command authority and responsibility to enforce agency policies. Is that correct? >> That's correct. Therefore, would you agree that an administrative flowchart does not tell the full story of an officer's supervisory authority? I think it does clearly because if you look, the compliance training sergeant is actually in par with the rest of the sergeants. She just doesn't have any staff working directly under her. And she goes through every employee with policies and procedures in the correctional facility um before they're given to field training officers to work the zones. So according to your flowchart, the clients the compliance sergeant supervises nobody but meets the supervisory requirements to run for sheriff. Um, a sergeant is a sergeant and ironically she at one time was the programs director who had a staff um for a number of years. So
137she actually she wouldn't meet the requirements for sheriff because when they were revised you have to have the full-time police academy now as well as the supervisory experience. So no, she wouldn't meet based on not having >> I'm aware of that. I was referring to the supervisory portion. Yes, she she was a supervisor prior to >> So, it's your testimony that a person is a supervisor strictly because they hold the title of sergeant? >> No. Um, in this instance, um, sergeants have rank and are given the ability to direct staff regardless if it's their staff or not. The expectation would be if Sergeant Moy Struan were to show up at a car accident um and it was just patrol deputies, even though they weren't assigned to him as a supervisor, you would expect him to
138provide uh the direction um of what's going to happen there. And maybe that's a bad example. Uh currently, our compliance manager doesn't have any staff um other than facilitating the field training program. In law enforcement, a person's supervisory status is ultimately defined by the actual duties they perform and the independent judgment they exercise on shift. Is that correct? >> Can you repeat that, please? >> A person's supervisory status is ultimately defined by the actual duties they perform and the independent judgment they exercise while on shift. Not in other words, not just the title, it's the duties they perform. >> Yeah. Every everybody has primary responsibilities like a patrol deputy's primary responsibility is to you know uh patrol and enforce laws. Uh a supervisor's primary responsibility to be oversee his staff. Um >> you testified earlier
139that um you worked for Mechanic Falls Police Department. >> I did. >> Uh were you ever supervised by an FTO? >> I was. Well, I had I had a sergeant that was a sergeant. It was when I started it was Sergeant Kevin Cramp and then it ended up being Sergeant Mike Ward. >> How about inside the jail when you went through field training? Were you ever supervised by an FTO? >> Yeah, I I was hired with a group of five and we were assigned to work I'd come in and the supervisor would say assign an officer that was working a zone for me to shadow or work with for field training purposes. Yes. >> Did they evaluate you? >> Uh, no. They at the time I I don't think it was even as formal as
140it was now. Um you know again things have evolved but uh they would note deficiencies I believe. Uh I I don't remember. >> So they observed your your actions throughout the course of the shift. >> Yeah. They coached you and you explained how things were done. Um the training was even different then. You got to remember when I went through you started, you went through two weeks of training uh classroom and then you had so much experience doing the FTO and then working and then they would send you to the academy. Now um I think the profession has risen the bar. I I think that we've tried to raise the bar uh whether it's law enforcement or corrections and the standards we all perform under and the corrections academy is now five weeks. So things
141are done totally different than what I went through in 1991. As a matter of fact, some of the twoe training I was exempt from because of my college education. >> Sheriff, I'm just looking for yes or no answers on this. >> Okay. >> Um, back to your experience at Mechanic Falls, uh, would you work the overlap shift, reserve shift, Friday and Saturday nights? >> Any any basis for the objection? >> The petition in this matter. Um, the petition in this matter specifically addresses Mr. Nichols experience at the Androskagan County Sheriff's Department. When he signed his certificate of qualifications, he was required under main law to include any agency where he gained relevant experience. I believe he may be trying to go down this road to try to build out what might happen at Mechanic Falls.
142Um, additionally, what training experience Sheriff Samson had in those roles is completely irrelevant to the role that Mr. Nichols has served in. >> I'd like to hear your response, Mr. Nichols. >> Yeah. As far as my experience at the Mechanic Falls Police Department um in Sheriff Samson's challenge, he noted that he was familiar with my experience at both Anders Goan and the sheriff's department uh Anderson County Sheriff's Department and Mechanic Falls Police Department. I when I filled out the paperwork to uh run for this position, they are right. I only submitted the name of Andrew Scoggin Sheriff's Office. I wasn't planning on having to defend my uh entire work career or my work career at all. But if I'm being asked to defend my career, I'm going to defend the entire thing from the day
143I started until the day I left. I think it's all relevant to prove uh the sheriff is familiar with the practices of Mechanic Falls. And what I'm trying to point out is that the sheriff was supervised as a reserve by full-time officers on a Friday and Saturday night shift that he would patrol. >> And if I can respond when you have a moment. >> Okay. Go ahead. The issue at this hearing is the plain language of 21A uh 355. That's the statute regarding the consent of candidate to be filed. Um what that statute indicates is that the candidate must verify by oath or affirmation before a notary public or other person authorized by law to administer oaths or affirmations that the declaration is true. If pursuant to the challenge procedure, any part of the declaration
144is found to be false by the Secretary of State, the consent and the nomination petition are void. Here the issue is we are not considering his entire career. We are considering the career that he put into his statement of qualifications. We have a form. There is a statutoily required procedure and elements that must be shown. And looking to any experience outside of that is looking beyond what is in the statement and whether or not it is true. Deputy Flynn, if I could add. >> Okay, go ahead. If I could add, um, this office reviewed a challenge in York County, uh, just a few months ago and, uh, where one guy checked one box, but was testified and, um, and it was agreed to that, uh, he met the qualifications of sheriff based on the opposite
145box. So, uh, my argument would be that an incomplete form, um, or an overlook on my part to not submit both agencies shouldn't be excluded from testifying to the my experience as it pertains to all of law enforcement. >> Respectfully, that was not the finding. Um, the finding was that the form itself did not meet that criteria. Um and specifically they looked to the fact that um there was no way under these circumstances and the language of the form at the time it was signed for the particular office uh candidate candidate Corbett to state that he was exempt from the qualifications that was not a part of the four. So this is very differentiable. So I'm not going to resolve the relevancy issue now. I'm going to provisionally admit the testimony and um resolve it
146during the recommended decision. >> So the the question was was more of an explanation than a yes or a no if you're willing to accept it. Um so my goal when I went to work for Mechanic Falls was to gain valuable experience as a patrolman to qualify to become a patrolman at the county sheriff's office. Um, the reason that the Mechanic Falls experience beyond enjoying the job and working for the town was important was at the time you had to have 2,000 hours of experience working in law enforcement to qualify for a patrol job. So, the question that he's asking isn't really easy to say because I would literally get out of work on a Friday at the SO at 3:30, 4:00, and I would work a 16-hour shift at Mechanic Falls PD cuz I
147want to rack up the hours as soon as I could to qualify for a patrol position with the Intercon Sheriff's Office. So, I would go in at 4 to I'd work the 4 to midnight and the midnight to 8. Um, I'm sure I did work the overlap shift and I'm sure as a reserve officer up there, I can name officers that rode with me to get training. So, there wasn't really a formal FTO training. I remember working with different individuals. Um, from Halloween on, sometimes it was valuable and sometimes not so much. Um, but my work schedule, uh, and a lot of the times we were working alone. Uh, there wasn't a secondary officer to work with. So I I I can't give you an accurate answer of of that. So your testimony was you
148would work an 8 hour shift at the sheriff's department and then go work a 16- hour shift immediately following at Mechanic Falls. Is that correct? >> At times I would. Yes. So you would work 24 hours in a row. That's kind of dangerous, isn't it? >> Yes, it is. Um, were there ever any times during your employment at Mechanic Falls that working those overlap shifts that a full-timer would be working? >> I'm sure. Yeah. Uh, but a lot of times it was other part- timerrs, whether it was Marty Fornier or Dave Trafford, uh, I seem there was shortages that time where they couldn't fill full-time vacancies, so it kind of cut back how how they did. Um, I also know that one of the supervisors that came to work at the SO came from Mechanic
149Falls at that time. So, we were just filling gaps because um, there was an extreme shortage at Mechanic Falls Police Department, which gave us opportunities to pick up shifts. So, I I can tell you I probably worked with some full-timers, but I can tell you I know I worked with part- timerrs, reserve officers as well. An FTO holds the operational authority to determine whether a recruit progresses or fails out of a program. Is that correct? No. An FTO can uh make recommendations to whoever is coordinating the FT the field training officer program. Um there's been instances where um somebody just doesn't jive with somebody, so they're reassigned to try it out. Um, but you're you a lot of times you're hiring people based on not what they've got, but what they can develop into. Um,
150and and you like I said, sometimes personalities clash. Uh, we've seen that happen in different divisions. But an FTO can make a recommendation um or sometimes they're reassigned to somebody that they might have a better better results with. If an FTO documents that a trainee is not cut out for the job and recommends termination, that recommendation carries immense weight with senior leadership. Is that correct? >> I've I've never seen a recommendation like that from an FTO. >> Would it be of your opinion that if you did see one that it would carry immense weight? Well, currently the compliance manager, as you pointed out, uh, coordinates the FTO. So, any directive or recommendation would come from her or one of the ship supervisors based on their observation. Um, on the patrol end, we've kind of restructured
151and assigned since Sergeant Tim Kenovich left. Uh, we have uh a different supervisor coordinating the FTO program with other supervisors. But any documentation to administration or involving recommendations for the person's career that's in the FTO process would come from supervisory staff one way or another, not from an FTO. >> So if it worked its way up from the chain of command Yes. to your desk that an FTO doesn't feel that a trainee should continue on >> with their employment due to per poor performance and recommend that they no longer maintain employment. Would that carry immense weight with you? >> Yes, it would. Anything would because the sup the supervisor bringing it to me would, I'm sure, agree with the FTO's observation, but the supervisor that's coordinating the program is the one that's going to make
152the recommendation much like we assign background investigations to a detective, and they make a lot of times recommendations uh whether we hire or not an individual. Furthermore, as an instructor in defensive tactics and uh OC, I was responsible for scheduling, instructing, and conducting performance evaluations on personnel throughout not only our department, but District 3. Is that correct? >> I'm not I'm not doubting. I'm just not familiar with that part of your career. Uh I'm sure you you know, you had all kinds of inservice training opportunities um because you were a dedicated employee. Those evaluations included grading the competence of both new recruits or trainees and high-ranking members of the department. Is that correct? >> Again, I'm not as familiar with I just know we've always had somebody that has handled mark mechanics of arrest and
153um instruction as well as tasers and OC um you know how it's handled. I've never had a specialty that I was responsible for in training people like that. When I was promoted to detective, I routinely oversaw crime scenes. Do you agree with that? >> When you were transferred from patrol deputy to the detective position, I would say you were responsible for crime scenes. Yes. >> As the primary detective on scene, I was responsible for assigning specific tasks to assisting officers andor deputies. Is that correct? >> I believe everybody works collaboratively to take care of the emergency situation. Yes. And there's a system of uh accountability to that. So that way we're not tripping over each other as a scene um organizing things till there's been instances where administration will show up or supervisory staff to
154make sure everything all the eyes are dotted and tees are crossed. Do you believe that detectives um have extensively more training than the average deputy in crime scene investigations, interview and interrogation? Oh, >> things like that. evidence collection. >> I I I think they have the opportunity for it more, but I can tell you I was never a detective, but yet I went to interview and interrogation training myself. We have a current supervisor that is thinking that he would like to potentially transfer to C and um he has started with the inservice training. So inservice training requests like that for specialties usually people put in for and we evaluate does it match their skill level, what they're doing, um their interests. Sometimes we go to people and say, "Hey, you ought to do this." Whether
155it's supervisory development training or some sort of leadership or a specialty unit. Um so on average I would say I would hope that our detectives have more training in those things but we've also said the whole agency to photography um training uh so that way scenes they can take appropriate photog photographs and and but I would hope that uh detectives get more inservice training related to their positions. Yes. Looking back on my career from training new officers as an FTO, running jail floors as a unit manager, commanding shifts at mechanic falls, and directing deputies at crime scenes as a detective. Would you agree that I spent years actively directing personnel, evaluating performance, and exercising independent operational leadership? >> I would say most definitely you had opportunities to present leadership traits in different capacities you were
156in. Yes. >> I don't have any further questions. Thank you. >> What do you want? >> You'd like to redirect? Um, Mr. Nichols asked you if a um recommendation worked its way up to your desk from a field training officer that they believed someone should be fired, would you would that carry immense weight and you said yes. Correct. >> But it wouldn't the process doesn't work like that. But yes, we whether it's a citizen complaint or a complaint of another officer, if somebody's bringing to us an issue or it's from another department, um and we've had this discussion administratively, we look into everything. So, it would be considered because we would do our due diligence. Um we've tried to promote accountability within the agency on different levels and most have adapted to that. And so
157is it safe to say that it doesn't matter who the person is who first says maybe this person isn't cut out for the job. >> If it passes through the chain of command, you are going to take that seriously. >> Absolutely. >> Okay. Um you were asked um about your mechanic falls experience um in any role that you served there as a field training officer. Were you a supervisor >> at Mechanic Falls? >> Yes. >> No. But if somebody came on, I was confident enough in some areas of the job where I could show them the the details how it works or make them familiarize them with the town. Okay. And and I want to break down, you started to talk about this um say we're talking about a crime scene or an investigation um
158and there are multiple officers assigned >> um and none of them are supervisors. >> How's it decided who is going to sort of I would say wrangle the cats or manage the the issue? So most instances if if that needs to actually be identified by some it would be the senior officer who's got the most seniority but I find that our employees collaborate well together and what it more tends to happen is they all realize what they need to do and they all pick an active role whether it's securing a scene securing a weapon I mean um the things we're dealing with over the past couple years uh from an aggregate level are a lot more extreme than they 10, 15 years ago. Um, who would have never guessed it? So, people are coming in
159and it's all hands on deck and they're kind of picking tasks till support gets there, whether it's the chief deputy and I or other supervisory staff. Um, and routinely we're we're calling people in to deal with some of these I'll call it high threat for lack of a better term situations. Uh, so there's not, you know, I'm in charge, I'm the boss. It's more of, hey, we need to do this, we need to do that, and they try to do as much as they can collaboratively till more resources come. Uh much like if you've gone through the incident command training, it it talks about the same thing. It's not your rank, your role. It's you're here. If we show up at the school, we're going in to put something in a context for you. You
160know, it's and we figure that all up later till we can set up a a command post if need be. A lot of times we're dealing with major crimes from the state police. So, we're actually all getting stuff done, whether it's bringing people to the hospital at our last incident while um major crimes is setting up. Um or actually was the attorney general's office at the last instance because it was an officer involved shooting. Um so, that's just how things are done in our field and I'm proud to say that members of our division do work collaboratively together to protect and serve um the people of Andrew County. So, is it accurate to say that while one person on a crime scene or investigation may be sort of running a checklist, >> that doesn't make
161them a supervisor, >> right? >> Um, Mr. Nicholls has um indicated that he was responsible during his time at the sheriff's department um for the dayto-day supervision of corrections officers assigned to the housing unit in Is that accurate? >> I don't believe so. >> Okay. Um he indicated that his role involved directing staff assignments and managing shift operations. >> No, that that would be you know one every zone has a plan of the day but any directives beyond policy are given by the sergeant or corporal. Um, is it only field training officers or unit managers who are responsible to respond to incidents and maintain safety and security of those around them? >> Well, the unit manager position or post was started and it was done away with, so it doesn't exist anymore. Um, when you're
162talking an incident inside the facility, um, it's not necessarily the FTO responding, it's whoever's available. So for instance, you have people that have to maintain their space in a zone regardless of what's going on, but you have other positions that are be expected to res respond um regardless of their position or rank. and um in the roles of correction officer, transport deputy, patrol deputy, and detective. Would an employee have a subordinate officer in any of those roles? If you're a baseline officer, you're a baseline officer, but if you're in a specialty, you could advise, hey, this is how we do it. Or, you know, update them on the plan of the day, but you're not supervising, directing. You're diving, you know, diving up tasks with them. But that's usually again the supervisor that will decide
163that. >> Um, like, hey, bring these two to court and I'm going to bring this guy down to prison type thing in transport as an example. And whose responsibility is it to address a situation where a more senior officer's requests aren't being followed? Is it their responsibility to address that? >> And can you explain item? >> So if there's a more senior officer, a field training officer, a unit manager, and they ask someone to do something, can they enforce a consequence or force somebody to do something? Not not unless they're in an acting status like uh I think Major Felman testifies sometimes that um a corporal is on vacation. So the sergeant will pick an officer on the shift to be acting corporal for the day. Okay. >> So at that point that person's acting
164corporal. So generally the officers working the shift will respect it and generally the acting corporal will be careful because they know they're going back to an officer once this person's back from his vacation. And so essentially a person doing that position, if they're an acting corporal for one day and one day only. >> Yes. >> And then they go back to their position, they've obtained one day. Yes. >> Of supervisory experience. >> Yeah. and and it's somewhat limited because they'll, you know, they they you generally would want to pick somebody that's uh more prepared for a role like that, but they also aren't going to make the decisions, you know, that would be critical to the agency, the operation without consulting with the sergeant. It would be just more carrying out the responsibilities um or
165the daily tasks of the corporal that's not in that day, if that makes sense to you. Like there's certain routine things corporals do. the zone checks an example. Uh maybe it's assist with med pass. So they would be there more for that than authoritative or corrective action. That would still be handled through the sergeant. >> So an acting corporal for the day couldn't write somebody up. >> No. No. >> Okay. One moment. You were asked about the mark defensive tactics instructor position. >> It's not a position. It's a specialty training that people go to to um train members of the department. So, their certifications are kept up. It's not it's not actually a position. It's uh we have Intoxilizer trainer. So, there's a guy that knows all and he trains and certifies us. We have
166Mark instructors. We have firearms instructors. they've chosen to make those their specialties. So, um they coordinate with us. Usually the firing range is the big one because it involves expenses uh to make sure we're staying up with the mandatory standards. Um they're telling us what we'll need for equipment. Then we evaluate uh times to set it up so that way it limits overtime and all the shifts have the opportunity to go. Um but so it's not a position, it's just a specialy somebody takes up to bring back to the profession. >> Okay. Um, so would that be similar to um we've heard people talk about, you know, a person who's really good at traffic stops might assist in additional training on a traffic stop. Is it similar in that regard? >> No. For like we
167had a deputy that was an ace at traffic stops. Um, so basically when it came into traffic violations thing, we you know the the new employee would go with him as part of his FTO. When you look at mark instructor, firearms instructor, and toxilizer certification, those are the ones that come to mind now. People go to specialty training for that to be able to are certified to provide the annual training required for all the employees. >> Okay. >> Does that make sense to you? >> Yeah. I guess what I'm getting at is um is that position supervisory in nature? >> No. >> And and why do you say that? um because they have developed the skill and expertise supported by the agency that they've agreed by sending to the training. They'll conduct our trainings. So,
168I'm going to show up. They're going to show us new holes or techniques. We'll practice those, show a proficiency in them. We'll sign a sheet saying we attended and met. And I would imagine they would submit it much like firearms. We're going to follow the course designed as instructed as set by the main criminal justice academy. um will go through the course as outlined, you know, with the time requirements, the the the all and they're administering the program and they're signing off that we met the mandatory standards. Uh we're signing that, you know, we fired with this firearm and um attended the training and the amount of hours required uh by statute. >> Okay. So, I'm trying to bring this sort of to a real world example that more people would be familiar with. Um,
169so is it sort of the equivalent of effectively, you know, and and this is oversimplifying, is it effectively the person who is going to do the training at Starbucks to be a barista? Like, you have to know how to use the machine. I'm going to show you how to use the machine. My job is to make sure that before you're left alone with the machine, you are not going to break it. um or I'm going to train somebody to be able to do what I can do. Is that effectively what they're doing? >> In law enforcement, it's a little bit more nothing against Starbucks, but it's a little more professional in that. And we have to meet a certain criteria. And I'm not as familiar with Starbucks, but if we look at a broiler at
170Burger King and there's somebody that does the broiler and they put the meat in and they take it apart and they clean it and they put it back together. Um, maybe you can compare it that they're the expert on the broiler. So, they're going to show the new employee everything to do with the broiler. Um, as well as putting it back together and using it for the new employee and they'll sign off saying, "Yeah, he can do it." >> Okay. Thank you. >> I mean, it's not that simplistic, but I I can't think of anything else. I'm sorry. >> No, that's fine. Um, I have no further questions >> of anything on recross. Uh, sheriff, I just want to draw your attention back to 2024. I was the unit manager. You were the transport supervisor.
171Um, how much interaction with the jail's day-to-day operations on the second, third floor did you have as a transport supervisor? Well, it would actually depend on what time frame you were the unit manager because 2004 is when I I June right around June of 2004 is when I transferred to the programs director job. >> So I >> so as transport my statement my question was while I was a unit manager and you were the transport supervisor >> during that time frame? >> Not much other than to retrieve inmates for court or bring people back from court or doctor's appointments or bring them to prison. anything involving a transport that would have been the bulk of our interaction. >> Okay. And as far as uh the instructors, um would you agree uh as an OC instructor,
172if I trained, monitored, supervised somebody and they didn't demonstrate proficiency, I couldn't sign off on them being proficient in that. Is that correct? >> I don't know what your training involved, but if you're as the instructor not willing to sign off on it, I would say this is a problem. Right. So, but I don't know what >> your fire I'm your firearms instructors if they don't >> if they don't sign off on somebody qualification. >> Correct. >> Yes. >> So, your instructors have the ability to per conduct performance evaluations. >> Uh, no. They would come to us with a form saying, "Hey, this guy isn't meeting the qualifications." So, understanding there's been staff that have had that problem when we've changed guns. A lot of times they're bring brought up for remedial training or more
173instructions, giving them every opportunity to meet the standard. If they don't meet the standard, it's an administrative decision. >> We've had you agree that documenting somebody's proficiency on a sheet is a performance evaluation. >> No, >> I'm evaluating their performance and documenting that they don't meet the performance or that they do meet the performance. >> Well, it's like the CPR training. They're signing off that they've passed the written portion in the practical exam. They're sign they did it. If they don't do it, there's nothing. They just go and say, "Hey, this person," and we've had that issue before, whether it's firearms or CPR. Those are the two most common where people don't meet the standard. Therefore, they're not signed off on by the instructor. The person's an instructor of the required or necessary training. Um,
174any decision made regarding that person's employment or in that position is going to be an administrative decision historically. But an instructor signing off on somebody or not signing off on somebody has a significant impact on the progression of that person's career. >> Absolutely. >> Thank you. No questions. >> Do you have any more witnesses? >> Okay, we're all set with you. Thank you. >> They have any more case? >> Do you have any more exhibits to offer before you close your case? it do not. Just to recount, we should have exhibits one, two, three, four, and five. >> Yes. >> Yeah. >> Okay. Um I think this is a a good point to break for lunch. um like to come back at uh 1:30. So about 40 minutes. >> Ask about think about closing >>
175and versus briefs. >> And during that brief lunch, if you would consider whether you would like to make a written closing after the hearing or to do oral closing and we can discuss that at the end. Okay. So, we're in recess at 12:40. I have to say six or seven Good afternoon. We're reconvening the hearing on the challenge by Eric G. Samson to Kevin Nichols. Um, and it is uh 1:30 p.m. So, uh, now I think we're it's time for the the candidate to present any witnesses. Uh, thank you. Um, I'm not quite sure what happened. None of my witnesses received any subpoenas as they were supposed to. Um, so I'm not going to be calling all of them to testify. I have four that are voluntarily volunteering to testify. Um, but I would like
176to admit into evidence the FTO manual and an email sent to me by James Lyman, the training coordinator at the Criminal Justice Academy. Um, I'm aware that he personally told me he's unavailable today because he's teaching a class with the FBI. Um, so if you guys can guide me through what needs to happen to get this admitted into evidence. >> Uh, do you have paper copies of it? >> I do. >> Can you uh provide a copy to to us to hearing officer and I and then uh to the to uh the challengers and then we'll see if the challengers have any objections. two people in the meeting. >> Okay, this is just a single page out of the manual letter. Mr. Lyman's letter states that Hang on just just a second. Yeah, >> Miss
177Ward, do you have any objections? >> Yes, we do. Um, specifically, I think there are several objections. Um, one is relevance. This is um a field training. Well, let's back up. First, we have an authenticity um objection and completeness objection. Um the document that was submitted um or provided as a possible exhibit is several hundred pages. Um that document has a lot of different information in it. Um effectively, there's a few different issues here. looking at petitioner exhibit 6. What we have is a letter from a training coordinator at the main criminal justice academy that is saying maybe this is the field training manual that you would have been using at the time, but I can't say for sure. I can't tell you how long the class was. Um, it is from the approximate time
178period from a similar class. There's just a lot of qualifications that impact the reliability of this. Additionally, um even if this is reli this is what it purports to be a training manual for an entirely separate agency is not a statement of what is done within an agency or the role that a field training officer would serve within the actual agency for which they are hired. At best, this is best practices. This is what an instructor says the ideal situation is. It is not evidence that that is actuality on the ground at the Androskogen County Sheriff's Office or any other law enforcement agency. >> Do you have anything to add, Mr. Nichols? >> Yes, I would like to add that um the it's not just any agency that provided this. is the criminal the main
179criminal justice academy and they're responsible for the training of every single law enforcement officer in the state of Maine. Um they've done away with their FTO program but this document shows that this was taken from page 11 of the manual. This document shows that the Maine Criminal Justice Academy, again, who trains every law enforcement agency in the state of Maine, believes, and it states the FTO must be both the supervisor and the instructor. >> And again, it's our position that what they believe is irrelevant. It's the actual line of duty and the specific job perform or job qualifications and responsibilities on the ground that matter. This is aspirational. This may be best practice. This is not the practice and unless he can establish otherwise, it is not the practice of the Androsken County Sheriff's Office.
180>> I don't have the burden to establish otherwise. Um, I would offer that it doesn't matter. The hearing examiner needs to determine if my experience equals supervisory experience, not what Andrew County Sheriff's Department equals supervisory experience. uh I think the objection goes to the weight of the evidence, not the admissibility. So I'm going to overrule the objection and uh allow this to be admitted. Uh and that would be exhibit Nichols exhibit one. >> Nichols exhibit one. >> Respectfully, can I ask for clarification on the ruling? He has admitted that this is simply one page taken out of context with a list of goals, not anything that describes the qualifications. Um, so I guess I'm just wondering how we get to this is what it purports to be and I know that you can customarily rely
181on things that are important, but this is one page out of a several hundredpage document that's lacking a lot of context. There could be a page in this manual that specifically says, you know, that su super supervisor has a plain everyday meaning, I am supervising my child as they learn to use the bathroom, right? Like there's an everyday language there. There's nothing on this page that really exemplifies what is that definition from the perspective of the main criminal justice academy. What does it mean to be a supervisor? And I would argue that we've all had this document via email and you had a chance to review it just like I did. And if there was anything in it that stated otherwise, I believe you would have produced that. I found in that manual what the
182Criminal Justice Academy believes that an FTO is a supervisor and an instructor. Therefore, I submitted that portion of it. Uh the entire 200page document is available if anybody would like to read it. I Mr. Nichols I think if you you know if you want us to consider the entire document you would have to submit that you know if you have a copy of that that you could submit this document right now it has to >> I have this document right now this is all I have that that's printed. Okay. Objection. Still overruled. >> You want to proceed with first witness? >> Yes. I'd like to call uh Lisa Webster if she's in the waiting room on Zoom. She's in the room and she's unmuted. Miss Webster, could you please turn your camera on? >> Can
183you see me now? >> Yes. >> Okay. Hello. >> Hi. Could you please state your name for the record and spell your last name? >> My full name is Lisa L. Webster. Web B S T E R. >> Thank you. Would you please uh raise your right hand? Do you solemnly swear that you will tell the truth in your testimony at this hearing today? >> Yes, I do. >> Thank you. You may proceed. >> Good afternoon, Lisa. >> Hello. Um, could you please explain your historical role regarding the field training officer program at the Andersken County Sheriff's Department? >> Well, let me give you the exact dates. I could tell you from 1993 to 2004, I was I went to school for the field training officer program and a couple other classes. >> Mayor, I
184apologize. Um, it appears that the witness may be reviewing a document and testifying from something written down rather than from memory. I would ask that she be instructed her recollection needs to be independent. >> Okay. >> Sorry about that. Um, I went to several >> Can I Can I ask Miss Webster, are you reading from a document? >> Um, yeah. I was reading from my resume for the dates to be accurate and the name of the classes that I to date that I took to refresh my memory. I swore under oath that what I'm telling you is the truth. We either need to have a copy of the resume admitted into evidence or you can testify without without uh just from memory. >> Okay. >> Recollections. >> That's fine. >> You can proceed. >> Excuse
185me. >> Sorry. the uh so the question I guess could you outline uh off your memory as best as you can uh your experience with the Anderson County Sheriff's Department. >> Okay. I was a correctional officer from 1993 to 2009. The first few years was training and classes and the last 10 years was I was considered the senior field training officer and I assisted the training director, Eric Parker. >> As the senior field training officer who oversaw the entire program, were you responsible for managing the instructors, reviewing training files, and ensuring the integrity of the evaluations? Yes. >> Is it fair to say that you know exactly what the operational daily duties of an FTO were during my time period in that role? >> Yes, they were the same as the other FTO's. >> During
186the years that I served under your program, did I actively train, instruct, and manage new corrections officers? >> Yes. As part of my principal work tasks, was I required to schedule training blocks and evaluate the performance of those employees? >> I'm I'm going to object. We're getting a lot of leading here. He's testifying, not the witness. >> Yes. You did evaluations, you monitored, you recorded. Hang on for a second. >> Excuse me. >> It's pause. >> Oh, sorry if this doesn't come in good or if time's out. >> So, I'm I'm going to s sustain the objection. I'd like Can you rephrase your questions to ask her, you know, to have her give the testimony rather than, you know, providing a more leading >> question? Can you explain to the hearing examiner what the field
187training officer did? The field training officer was assigned to a new hire and would evaluate, would work with them. And they received a manual and they would um supervise and they would record and they would document the progress of the individual throughout the shift on the day-to-day operations, the plan of the day. And they don't have the authority to recommend termination if somebody wasn't cut out to perform the job. That has happened a few times that I recall a few of the FTO's um you were one of them and so was a Nick reserve that recommended that a couple of individuals will not work out for safety reasons that they displayed during the training class. So those individuals ended up getting terminated. Under main labor standards, a supervisor is defined as someone who schedules, assigns
188work, evaluates, and recommends employment actions. Based on the oversight of the FTO program, did my work tasks f as an FTO fit that definition? >> I'm going to object to the question, he's asserting what the law is and not asking a question about the job responsibilities. And and to be clear, the law what he's stating is the law is not the law in this circumstance. >> That I'm going to overrule that objection. If you can continue. >> Do you need me to repeat the question? >> Yes, please. >> Under main labor standards, a supervisor is defined as someone who schedules, assigns work, evaluates, and recommends employment actions. Based on your oversight of the program, did my work tasks as an FTO fit that definition? >> In my opinion, yes, it does. And as far as
189work um scheduling, there was times when new hires needed additional training that you recommended that they train an extra shift in a certain location or zone, which we did. Rescheduled him or her the additional shifts has stated and what you documented in their field training logs >> during my time as a unit manager. Did you have the ability to observe my performance in leadership during that era as well? >> Definitely. >> Yes. >> In your uh In your view of the unit manager, what did that role entail? >> Unit manager, to be honest with you, I would think that unit manager was responsible and making sure that the plan of the day was followed by the officers that were on that floor that he was managing or supervising. That's what I thought the unit manager
190was. And it was also to respond at any emergencies in e either zone, medium, max or minimum and supervise the situation until the corporal or the sergeant comes approaches. Did the role require me to exercise independent judgment, manage shift manage shift operations and hold direct accountability for the conduct of subordinate staff? >> I think it depends on the situation. I think if an officer was using use of force, for example, on an inmate and you as the unit manager stepped in, I would expect that you would resolve that issue ASAP. So, yeah, I guess yes, the answer is yes. In your professional opinion, did I successfully complete two years of actual hands-on supervisory employment experience during my career? >> Honestly, yes. Not too many people volunteered to help or participate in the field training program.
191You helped design the manual that we used and you were active and I thank you for that. And you also you also when I wasn't able to sign the individuals off as a senior field training officer, I relied on you and you went in, you trained them, you signed them off. If you felt they were ready to be signed off or if it was recommended by another FTO that this person is doing great, he needs to be signed off because I trust your knowledge, your decision- making, and you are reliable. you took, you know, you went and you signed the individual off. You made sure he knew everything there was to know and he passed the criteria and then he would once you signed him off, signed dated the paperwork, it was official. He wasn't
192a probation officer anymore. He was a reserve and he can now work the shifts alone. >> I don't have any more questions. Sorry. Hope I didn't talk too much. >> Hang on. Cross. >> Miss, you you testified that um you served in the role of senior field training officer. Is that correct? >> Yes. And um in that role you essentially managed the um folks who were not senior field training officers. They were just training officers. >> Correct. >> They were field training officers. >> And any decision that they thought was appropriate had to go by you or somebody in this above you in the chain of command. Is that correct? A lot of the training, a lot of the FTO's when they were overseeing and conducting training were considered supervisors over the individual. And anything
193that they had questions about or they recommended, they brought it to me unless Eric Parker, the the training director, was in the facility at the time because he often came into the jail and oversaw the FTO's working with the reserves as well. So, if it wasn't Eric and it was me, they would bring it up to me and then I would in turn go talk to Eric, the training director, and say, "Hey, look, um, FTO John Doe said that this guy probably needs two more additional trainings, recommending this guy trains two more times in maximum security." I agree with that. So, Eric would say, "Well, schedule it." >> Okay. And and so, to be clear, >> they make a recommendation. You look at all of the circumstances to determine whether you agree with that recommendation.
194>> Exactly. >> And then you would take that recommendation up to the training director. Is that correct? >> Correct. Sometimes while I took it up to him, I said, I think I agree with him. I think it needs to be this or that. Nine times out of ten, we always relied on the FTO's to make good decisions and they did. >> Ultimately, there were layers of final approval to implement the recommendation of the field training officer. You had to sign off and the training director had to sign off. >> No, I mostly signed off. the training director relied heavily on me when it came to the training program in the jail. >> Okay. >> So, mainly it was me, but because I was um reporting to Eric, the training director, I always kept him informed
195of everything. >> Okay. >> And he had the final say, correct? He could disagree with you. >> Yes. Yes, of course. If he didn't agree, he could say otherwise. But honestly, nine times out of 10, or maybe 10 out of 10, he's always agreed with me, >> right? But he still had final power. >> Yes. >> Thank you. Um, how often were new recruits or hires coming into the jail? Were you having constant new people coming through the door? We held classes quite a bit. Yes. >> And when you say we held them quite a bit, what does that mean? >> Um, we try to hold we were trying to hold classes and keep the roster of um reserves high because we work 12-hour shifts. And because we work 12 hour shifts, there's a lot
196of burnout, a lot of call outs, a lot of turnover rate. So, we always try to keep reserve, you know, a lot of classes going, I should say. >> Okay. Is it safe to say that a field training officer, while they did assist in field training, that wasn't mostly what they were doing on a day-to-day basis? Correct. Well, what happened is what happens is a field training officer is working a shift 7 at night till 7 in the morning. We will schedule a uh trainee to appear on that FTO shift. And so the the field training officer really is just responsible for doing the job the same way they would be or at least to make sure the job gets done to the degree it would be if they weren't helping a new hire. Correct.
197They're still doing getting people in and out of their cells, making sure the place is safe >> for the be most of the time it's for the beginning of the shift and then they turn over the keys to the to the trainee and allow the trainee to take over. And and that's true from day one of a trainee coming in. >> It Yes. It all depends on if the trainee was in See, they do three shifts per a zone. There's three zones. If it's the second zone, if it's the second time this individual is in maximum security, then they'll walk up after briefings to gather to maximum security. And then the FTO will observe, document, evaluate this trainee with the day-to-day operations in maximum security from the time he exchanges information with the officer leaving,
198getting the debriefing from the officer, doing his head count, doing his um other plan of the day, following the plan of the day. Do you see what I'm saying? So the field training officer though they don't just get to check out because they have someone else there to do the work. They are still responsible for the safety and security of the inmates in the jail. >> Oh definitely. They've just taken on an additional row role of supervising the trainee. >> Right. But their primary job is the safety and security of the unit. Correct. >> Exactly. Exactly. And they can do that while they're supervising and training and documenting how this trainee is performing. >> Okay. And so, uh, my understanding is that trainees were assigned and sort of rotated through different folks with experience so
199that they could see how things were done. Is that right? >> That's correct. in most >> sorry >> they might be matched with one person who has experience as a field training officer one day and then the same person who is a field training officer one day might not be the next day >> that's correct >> okay you mentioned scheduling you said that there were times that field training officers could say hey I think this person needs some additional training is that accurate Yes, that is accurate. >> Okay. Ultimately, they made a recommendation. Is that right? >> Yes. And sometimes they will say they will go further and say, I am working tomorrow night in minimum. I'm training this guy in minimum right now and I would like to see him work again with me
200tomorrow night because we need to go over some more specific things that he just didn't do that well yet, but he can get it. So, >> but that's not a that that's not anything that they would independent of your judgment, a field training officer couldn't force someone to do field training the next day with them. Correct. >> Correct. No, we don't force the reserve. We don't force the um officers in training to to work another shift. I mean, the the FTO's would say, "Well, I'm recommending you work another shift. I'm working tomorrow night. I could supervise you on those things and evaluate you better and your scores can go up higher. You >> Okay. But absent you getting involved, that trainee would not be expected at the next shift for field training. Is that accurate?
201>> Yes. >> Thank you. >> If if the trainee said, "No, I don't want another shift tomorrow night or I can't come in tomorrow night to do minimum again." it. The FTO jots it down in the book and I've been I review the book throughout the training process because you >> really they're your eyes. A field training officer is your eyes and ears on the ground. Correct. >> Yeah. They're doing the work. They're supervising the trainees for me because I can't do all of it myself. So, they're doing the work on the ground and they're reporting to you so that you can make the best decision about recommendations you are going to make to the training director. >> No, I won't agree with that part. I'm sorry. They'll make the recommendations to me on how
202they feel and how they evaluated and how they witnessed the individual uh adhering to the plan of the day. >> Okay? and then they'll make the recommendations in black and white in the book and then they'll talk to me or I'll be going in on my days off to talk to them. >> Okay. So, let let's talk about that book. That book is basically a checklist, correct? >> Did I observe certain things or not observe things during the shift? >> It's a kind of like a howto. It's it's it's a manual. Yes, we call it mail field training manual, but it's more or less like how to from the beginning. Um, after they attend briefing, when they get to the zone that they're working in, it's a stepbystep procedure on what to do while you're
203the maximum security officer. >> Okay? how to do this, how to take account, >> how to do your checks to make sure, you know what I mean? Make sure they're living, breathing flesh. Make sure that um your checks are noted to make sure the TVs are on when they're supposed to be on, you know, lights are out when it's supposed to be out, that your um cell searches are conducted the same in every block. see how you interact with the inmates or offenders, excuse me, offenders to see how you deal with certain inmates to show respect. >> And so as a field training officer is taking that book because it's not in their possession, correct? It's in the trainees possession. >> It's in both of their possessions. >> Okay. when it's in the field training
204officer's possession, they are essentially saying yes, I saw this or no, I didn't. So that when you review it at the end of the week, you can say, are they making acceptable progress? >> Correct. Okay. >> But I'm sorry. >> Yes. It's very important because it's a tough job. Not everybody's cut out for it. >> Okay. And so the actual decision though for whether or not somebody comes off probation while a field training officer may be able to make a recommendation, they are not the final determination as to whether or not somebody can enter in um as a general employee not on probation. field training officers ultimately decide except if there has been um an major issue or something that was brought to Eric Parker's attention >> and and when you say they decide you
205it seems that you mean you just rely on them to know what they're doing because of their experience. >> Yes. because their besides their experience and the seniority, they went to classes in the academy to become a field training officer. They created helped create the book. They know what's expected of new officers. They're supervising they're supervising these new hires because ultimately they're their backup, >> right? But again, they get to make a recommendation and you choose whether or not to accept it, >> right? And I accept it more times than not, honestly. And if somebody who were not a field training officer came to you with concerns about a trainee, you would also give those consideration. Correct? >> Yes, I would of course take everything in consideration always. >> And that's because it's really important
206to make sure that the jail is a safe place for staff and inmates >> and the public. Correct. >> And anybody who's walking through those doors. >> Correct. So when somebody says something, regardless of their position, you are very seriously going to give that consideration as you make your decisions. >> Correct. But it has been very rare to tell you the truth. >> Okay. >> It's usually the FTO's that have worked with them and the documentation that they provide. We review all that because like I like you had brought up as well that there's not one particular FTO per that stays with the trainee the trainer traininee excuse me the new officer for all 12 shifts. That's impossible. >> Okay. Um you were asked about a unit manager position and you sounded a little bit
207unsure. Um were you involved in unit manager decisions in any way? >> Oh no, not at all. I I remember that there was a unit manager. I remember there was a female unit manager. I think her name was Teresa Wesley and the assumption is was actually that they more or less were the ears, the eyes and the supervisor of the floors. >> Okay. >> The officers had an issue or problem they would go to them for decisions. >> Okay. And so again, it really is the officers, the lieutenant, the corporal, any captain. They were ultimately the ones making decisions about discipline or what to happen on the floor, >> right? They're the ones that Yes. >> Okay. >> Just one moment, please. >> Sorry. I don't have any further questions. >> Thank you. >> Mr.
208Nichols, do you want to redirect? >> I have no further questions. Thank you very much for testifying. We're all set with you. >> Okay. Thank you very much and good luck to you, Kevin. All right. >> I hope it works out for you. >> Okay. Do you have another witness? >> Yes. >> I would call Jason Bandra. >> Is he in the waiting room on Zoom? Is anybody I can call Nick Gagen. Mr. Gagnon, if you're able to hear me, could you please turn on your volume and your camera? I see your volume. Are you able to turn on a camera? You can speak to us now. Thank you. Good afternoon. Can you please uh state your full name and spell your last name for the record? Um we're not we're not hearing you. Hang
209on. I'm not sure. Do you have a microphone attached to your computer? Are you going through your system? We cannot hear you. Um, should I ask him? >> Yeah, I think so. Mr. Gagnon, could you log out of the Zoom and log back in and we'll see if that resets it. Thank you. >> Yep. What's that? >> Sure. Let's see. So, can you uh state your name and spell your last name for the record, please? >> Nicholas Gagnen. G A G N O N. >> Please raise your right hand. Do you solemnly swear that you will tell the truth in your testimony at this hearing today? >> Yes. >> Okay. Please proceed. >> And good afternoon, Nick. Thank you for taking the time out of your day. Um, could you please explain your rank and
210agency you work for today? >> I currently work for the Auburn Police Department. I'm a sergeant um supervisor for support services. >> And what's your brief history of your law enforcement career? >> I started uh as a reserve in Mechanic Falls. Uh, I started full-time in Mechanic Falls prior to going to the academy in 2010. Um, about halfway through the academy in 2010, I was hired by the Auburn Police Department. Uh, that's where I've worked ever since. I've worked patrol, I've worked main drug enforcement, I've been a detective for approximately 5 years, and I've been a supervisor since 2022. As a sergeant with the Auburn Police Department, your daily responsibilities include formal supervision, direction, and evaluation of subordinates. Is that correct? >> It is. >> Are you also a graduate graduate of the pre prestigious
211FBI leader leadership academy? >> The trilogy? Yes. Based on your current rank, your daily duties, and your advanced training, is it fair to say you have a deep professional understanding of what constitutes two true excuse me, true supervisory experience in law enforcement? >> I I'm going to object. We're back to leading questions. Um, I think we need to open these up and give the witnesses an opportunity to give a narrative answer. I think if you can rephrase your questions a bit, get him to give you the answer. Moving back to the beginning of your career, Mechanic Falls Police Department. Um, did you have an FTO officer at all during that time period? >> Yes, I had two. >> Who were they? uh at the time, Lieutenant um Jesus, how am I forgetting his name now?
212Uh >> Harrison Paul Harrison, sorry. I'm at home, by the way. I'm at the office, so I have King Cat, but uh and then yourself, Evan Nichols. Um can you explain to the hearing examiner um what the purpose of the FTO served during that program and what functions they observed? >> Um yes in Mechanic Falls um reserve officers that haven't been certified by the academy yet uh would work patrol shifts. Um the field training officers would train them to an adequate um so they had adequate knowledge of uh answering calls for service and conducting other law enforcement um enforcement issues such as traffic stop things like that. uh they would train us to do that uh prior to the academy and then after the academy there's a period of instruction and supervision um where they
213train you further and then uh supervise you during shifts. Uh, Mechanic Falls is a little bit of an odd duck. Um, small town. There's a chief at the time. There was a lieutenant. Uh, they worked their own shifts, typically their own patrol shifts. Um, so they oftentimes were not there uh when another officer was working. So, there was no active um official supervisor on duty. So, the full-time officers would supervise the reserve officers and the uh full-time pre-academy officers, if you will. >> Would those full-time officers uh respond to calls for service um with the reserve at the same time? >> Yes. And in the event that the reserve police officer was having difficulty in making decisions, uh would the full-time officer step in and take charge of the scene? >> They would. And there's
214certain calls, certain uh calls to service that um part-time officers and reserve officers uh couldn't legally handle on their own to begin with, such as uh serious serious injury or fatal motor vehicle crashes, um things like that. Uh, Nick, I'll just ask one last question. Um, is it your opinion that your experience with me as an FTO u impacted your career in law enforcement? >> Um, yes. in my opinion. Um, I was taught quite a bit in Mechanic Falls, um, by yourself and, uh, Paul Harrison. Um, I think that gave me a good foundation for where my career is today. That >> I don't I don't have any further questions. Um, I believe Eric's council will now ask you some questions. Thank you. >> Thanks. >> Ready exam. Thank you. Um, you testified that you
215have been a supervisor since 2022. Is that correct? >> Yes. >> Prior to 2022, did you ever serve in a field training officer role? >> I did not. >> Okay. Um you indicated that there were two field training officers that assisted with you um and that they were responsible to make sure you had adequate knowledge to handle calls. Is that correct? >> Yeah. >> And if you were not doing something appropriately or up to standards, did your field training officer have authority to discipline you in any way? I never had to cross that bridge. Um I was never disciplined. I don't think I did anything that would have uh led to a discipline there. So I never had to cross that bridge. So I wouldn't be able to answer that fairly. I'm not sure if
216they would have been able to discipline me or they would have referred it to the lieutenant or the chief. >> Okay. Um you als you you also stated that um because of the small size of mechanic falls there were times where you did not have a supervisor on duty. Did I hear you correctly on that? >> Yes. The official supervisors such as the lieutenant or the chief. >> Okay. >> Mechanic Falls had a sergeant then it turned into a lieutenant. I think it later turned back into a sergeant but typically there's two people. um above patrol officer in mechanic walls and that's typically either a sergeant or lieutenant, whatever they're calling it at that time and then the chief. >> And so it sounds like what you said was it was only when one of
217those folks that you just mentioned were not on duty that a more senior officer would sort of be responsible for directing what would happen in a given shift. Is that correct? Yes, it would be whoever the full-time officer was, whether that's the chief, the lieutenant, or a full-time patrol officer. That's who would um I guess uh be in charge of that ship. >> Okay. And and by being in charge, um they weren't responsible for scheduling. Is that correct? >> The field training officer or the more senior officer? >> I don't think so. But again, I don't have that knowledge because I I only worked there for that year and I'm not sure how that all worked as far as scheduling. I would assume the chief did the scheduling >> and effectively the the senior officer
218or field training officer that was working with you specifically. They were there to guide you. Is that correct? >> Yes. >> To make sure you understood the department policies. >> Yes. And while they were on duty, they were also responsible for handling calls for service and whatever might come up. >> Correct. >> Okay. And and they did that the same way they would if you weren't there. They still had the same responsibility. >> Um, as far as personal responsibility for themselves, yes, they would have had that same responsibility. >> Okay. One moment. How long were you in field training as a reserve officer? >> I wouldn't be able to recall. Uh again, back in 20 2009. Um it would have been in 2009. I know that my current agency it's 11 I think a minimum
219of 11 weeks. >> Okay. And you indicated that he was not your only field training officer. >> Correct. If Lieutenant Harrison was working, he would train me. >> Okay. And so the time that he actually spent as your direct field training officer was only a portion of the time that you were in field training. >> Yes. When he was working. No further questions. >> You want to redirect, Mr. Nichols? >> I just have a couple or one question. Uh Nick, during your uh time during FTO and afterwards when you were a reserve officer um working alongside me on a shift. Is it your opinion that I supervised you? Um I I would say that >> hang on please can you hold up? >> Yeah. >> What was the objection? >> Relevance. The final issue for
220this office to determine is whether or not he was a supervisor. Officer Gagman's um opinion on that is just that is an opinion. If if it makes a difference, I can compare it to my supervisor experience that I have. >> Hang on. Just >> Yeah. I'm going to overrule the objection. And I would like to hear the witness's answer. >> Can you just repeat it? >> During your time in the FTO period and after while working uh say a Friday or Saturday night reserve shift, uh is it your opinion that the me being the full-time officer supervised you? >> Yes. And what I was saying is as a sergeant with Auburn, I would compare that to what my responsibilities are as a patrol supervisor in Auburn, um, responsible for the scene, responsible for liability, um,
221maybe not on the extent of supervising uh, six or eight guys at a time. Um, but the duties I would say um, comparatively are very similar. >> Thank you. I don't have any further have any recross. >> Thank you, Mr. Gian. We're all set with you. Appreciate your time. >> Thank you as well. >> And I think you have another witness. >> Yeah. And >> so the next witness is Don Olivier. And uh just for the record, he'll be the last witness. I don't need to call anymore after that. Mr. Olivia, could you please unmute yourself and turn your camera off? Hello. >> Hi. Um, are you at a place where you can talk to us? Can you >> Yes, I am. I'm on that. >> Okay. Can you please state your name clearly for
222the record and spell your last name? Donald Olivier. O L I V I E R. Thank you. >> Can you please raise your right hand? Do you solemnly swear that you will tell the truth in your testimony at this hearing today? >> Yes. >> Thank you. You may proceed. >> Good afternoon, Don. Uh could you take a second and outline your career history with the sheriff's department Androsken County Sheriff's Office? >> Yeah. Uh that could take a little while but yeah I started with the sheriff's department in 98 I was a corrections officer. Um 2002 I did unit manager. 2003 I became a corporal. Uh I did that for about a year and then I got sergeant where I was in I was a supervisor of a line shift. I did that job until 2012.
223I got a transport deputy position. Um, did that for five or six years and around 2018 I got the civil position where I'm still at right now. >> All right. U, prior to you attaining the rank of corporal, you served as a certified field training officer and the unit manager. Correct. >> Correct. >> Can you explain what your duties as an FTO involved? um pretty much as the FTO was just I was in charge of um making sure that the person being trained was doing the job correctly. I was also I had to go over uh many aspects of the corrections officer job with them. We had books that we had to go through. Uh we had to watch and supervise them while they were working, how they got along with inmates, things like that.
224>> Okay. Um so you had to monitor their performance. >> Yes. And did you conduct performance evaluations on their performance? >> Yes, we had a we had an FTO book and at the end of every shift we would um go through and there was like a numbers like one through five or one through 10 and we had to give evaluations and we had to write down good and bad things or things they need to improve on or things they need to keep doing well and then we turn those books in. As an FTO, did you have the authority to sign off on a trainee's competence and recommend that they continue on through their career or recommend termination? >> Um, from what I can remember, we we put in the book that they were ready, that
225they could work the shift, and we we submitted that to the supervisors and the senior uh FTO or the person that was in charge. I think back then it was Lisa Webster. Then for a little while it was uh Tory Langelier and a couple other people. >> You indicated there was a period of time where you held the title of unit manager. Is that correct? >> Correct. >> Do you remember if you had to sit for an oral board for that position or not? >> I believe I believe we did have an oral board for the unit manager position. Are you still there? You froze up. >> Yeah. Oh, I'm sorry. Um, yeah, I believe that we did have a we have an we had an oral board for the position. >> And can you
226please explain what your duties as a unit manager were to the best of your recollection? From what I can remember, it was um when I first got it was like right when they first started it and it was a child program. But our job was to um pretty much it was to oversee and and things that were going on on the on the two floors, the the zones, maximum, medium, minimum security zones to help out the um corporals and the sergeants so they didn't have to always deal with officer and inmate issues. We could deal with it. Also, >> is it fair to say you were in charge of the day-to-day operations? >> Yes. Um, I was in charge of what officers were doing and stuff like that, but I still was required to report
227to the corporal. >> Did that position require you to exercise independent judgment? >> Yes. >> Did it require you to maintain policy compliance? Yes. >> Did it require you to maintain and manage operational staff while under pressure? >> Again, your honor, I'm Yes. I'm just going to object to the leading. >> Hold on, sir. >> I'm I'm going to object to the leading. We're back to him testifying. >> I I think this is our I'm going to overrule. I'd like to kind of hear Did my role as >> I'm sorry. >> Did my role as the unit manager involve those same supervisory duties and staff accountability on the floors as yours did? >> From what I remember, the unit manager position stayed the same. So, I would say yes. Did those years of hands-on experience
228you gained as a field training officer and unit manager prepare prepare you and build the foundation for you to become a corporal? >> Objection. Relevance. >> Hold on. I'm going to overrule. I'd like to hear the witness what he has to say. >> I mean, I would definitely say yes. I mean, when you're when you're doing that position, um, you're on the floors and doing things. So, when you got asked oral board questions, it prepared you for those and prepared you what it could be as a corporal. >> Um, last question. And based on your own career path, is it fair to say that the work tasks required of both the FTO and the unit manager are fundamentally supervisory in nature? >> Um, hello. I'm sorry about that. A phone call came in on the
229phone. Can you hear me? >> We lost you at the beginning of when I finished asking the question. >> Um yeah, I would say that yes. Um as the unit manager, you were supervising um the officers and the inmates. You didn't have um authority for like writing people up and stuff like that, but you were supervising them. And as far as the FTO, meanwhile, you're training them, you're supervising them to make sure that they're doing their job correctly. Thank you. I don't have any further questions, but I believe um Eric's attorney might have some questions for you. >> Okay. Direct request. >> Hi. Um I want to ask you about the book that you referred to for field training officer positions. Um, you testified you testified that in the book there's really just a ranking
230of how well or badly someone is doing on a particular task. Is that correct? >> Yes, that is correct. Um, yeah. Yes. >> So, you would rate them from one to five on the different responsibilities that are part and parcel to being a corrections officer. Correct. >> I apologize. I got I had a I had a little bit of a a pause in the video. I got there was a ranking of one to five and I didn't get any more after that. >> So you would rank them one to five on different components of what you have to know. >> Can you hear me? >> Hello. >> Hi. >> Yes. Hi. >> Can you hear me? >> I froze. I froze for a second. I didn't catch you after you said there was a a
231ranking of one to five. >> So you submitted >> That's fine. You submitted a ranking of one to five for different parts of what it what you need to know to be a corrections officer. Correct. >> Correct. >> And what you did with that was not um enter any kind of discipline. You handed it to your supervisor to make them aware of what was going on. >> Yes. >> In the unit manager position, your primary responsibility was still the safety and security of the floor that you were working on. Is that correct? >> Correct. >> And same thing with being a field training officer. You were still primarily while you were also training somebody you were prim primarily responsible for the job description of corrections officer. >> Correct. >> It was just a portion of
232what you did helping others learn. Is that accurate? >> I would say yes. >> And it wasn't all the time. There wasn't always somebody who was being trained. No. Are we only talking about just the field training officer now? >> Yes. >> Okay. Yes. Then yes. >> And so if there was no one to train, you weren't serving in that role. >> Correct. >> And that happened regularly, right? >> Yes. >> You were just a corrections officer much more often than you were doing both. Correct. >> And that was true of all the field training officers during the time you worked there. >> Yes. >> For the unit management position. I want to go to back to that quickly. Um you were essentially you testified there to make sure that things were getting handled while
233the corporal and lieutenant had other obligations. Is that accurate? >> It was the corporal and the sergeant. >> Okay. So the corporal and the sergeant had other things they needed to do um that were actually part of their supervisory obligations, right? >> Yeah. if it was a way to ease um so the supervisors if to to if I can answer it a little bit more than just yes or no, it's up to you. Um then so the supervisors are required to go and respond to officers needing help or situations that happen. So the unit manager was created so that there was a person on those floors that the officers didn't have to always call for the corporal. they could go to the unit manager to ask questions, >> right? And and that's because there's a
234lot of times that you don't need a supervisor. You can just ask a much more experienced officer. Correct. >> Yes. >> You can say, "What's the form that I need for this particular thing?" >> Correct. >> Or um can you help me get somebody out of their cell because I'm busy? >> Correct. You didn't have independent discretion to depart from the plan of the day. >> No. Not not not to change plan of the day. No. >> And you couldn't send anybody home if they weren't doing something they were that they were supposed to be doing? >> No. >> You could just ask them, do can you please do this? Correct. >> Yes. Correct. you had to go you still had to go to the to at least the corporal to discuss if something like
235that was going to happen. >> Okay. And so you had no while you were able to in the moment decide if an issue was it within your experience. You were not able to make final decisions for things that require a supervisor under policy. Just give him just see if he can re Great. >> Hear me? >> Yes. >> I'm sorry about that. I don't know what that means. My phone or my device went into was overheating. So, I have no idea, but it shut down a little bit. I apologize. So, I have the air conditioner blowing on it. Um, can can we do that? Have them turn off the video. >> We can try. How much more cross do you have? Do you have a lot? >> Yeah. Let's let's just see if we can
236tough it out here. >> All right. >> I think it should be okay. >> Okay. Sounds good. >> I'm sorry. >> Getting back to where we were as unit manager. Um, your essential job was just to make sure things were running the same way you would have if you were a deputy. >> Correct. >> You were just the extra buffer to keep less experienced officers from bothering supervisory employees when a supervisor wasn't actually needed. >> Correct. Yeah, it was it was to help the supervisors. >> Okay. Um, you really didn't have a lot of discretion in that role. Correct. >> Um, it it's a yes and no. I think it depended on the also the supervisors. Um, like with me, if I you know, if you want me to answer this more, I don't know
237if you want me to, but with with me because my age, I was more mature on the things that I had done prior. Um, my two supervisors relied a lot on because I was I was a good corrections officer and they relied on what I knew as far as that part of but I still do what supervisors could do. No, but they gave me some some leeway on my discretion of what I could do with the officer. >> Right. But you couldn't discipline to be clear. you had discretion to ask them to do things, but if they did not, >> you were stuck with it unless someone else intervened. >> Correct. I mean, if if an officer wasn't listening, I had to call the corporal sergeant. >> Okay. I have no further questions. >> Do
238you have any redirect? No. Uh I think uh I think that's all we need from you. Thank you very much for your time. >> Okay. Thank you. Sorry about the phone. >> That's okay. Thank you. >> Uh I'd like uh Do you have any more witnesses? >> I'm done. >> Okay. I think we I'd like to take about a 10-minute recess and we'll go off the mic. >> And we are prepared for closing. So, we're uh we're back on the record at 3:48 >> and going to turn it over to uh Attorney Bolton. >> U so be before we move on, um Mr. Mr. Nichols, you had indicated that you had requested subpoenas uh for your witnesses, which which wasn't acted upon. I verified that that was in fact the case and there were requests
239for subpoenas that that weren't acted upon. Um so I think in you know in in fairness, I think there there are two options here. Um, I think if you're satisfied with your presentation and you've called the witnesses that you feel you need to call to put on the case, we can move forward uh to rebuttal um and to closing arguments. Um, if you feel that that those subpoenas that those witnesses that were you wanted subpoenas for uh uh should have been here to testify, I think um we would be open to uh seeing if the deputy attorney general will issue those subpoenas uh and reconvening the hearing probably by video conference sometime next week to hear from those witnesses. Uh obviously the some of these witnesses have already testified so we wouldn't subpoena those witnesses.
240So, so I I'd appreciate if you could let us know what what your position is on that. >> I appreciate and respect that you looked into it. Um, there was one witness, Chief Jeffrey Goss, that I would have called to testify on um what my practices were in Mechanic Falls. I don't believe that we need to continue this any longer. I think that um we can put an end to it and I'm satisfied with the testimony that my witness has provided and let's just get this decision behind us and hopefully move forward. >> Okay. Thank you. >> So, Miss Ward, you can proceed to rebuttal. >> Just briefly, um I would like to call Lane Feldman back up. And I would remind you you are still under oath. >> Thank you, >> Major Feldman. Um
241there has been a lot of conversation about primary job duties and um what really goes into the field training officer role. Can you just clarify um for the hearing officer what that looks like as far as percentage of the job in the corrections context and how that would work say over the course of a year or a month or however you think best captures it >> with with the amount of staff we have um and the amount of field training officers we have right now um and even going back to when Mr. Nicholls was there, I'd probably say 10% of a year or less. >> And and to just be clear, that is the time that any one field training officer may have spent in the role of field training officer. >> Correct. >> No
242further questions. >> Do you have any cross-examination? >> I don't. We're all set. Thank you. Um, just one more witness. Um, William Gagy, please. >> Just a reminder, you two are still under oath. >> Yes. >> I I'm going to pose the same question to you in the patrol context. Um, how much time does a field training officer spend over the course of a year? or if there's a better time measurement from your perspective in the actual role of field training officer. >> I'm going to say it's probably 5% or less. >> Okay. >> Um patrol has had less turnover than the jail in the past. So, um back when we did have part-time officers, we would get some on here and there. Um our overtime officers tend to stay longevity wise, so we're not
243hiring new officers all the time. So it's it's it's more rare to have um an FTO going on than not. So very rarely do we have one. >> And do you generally have more than one field training officer at a time assisting new recruits? >> Yes, we have several um FTO's in the patrol division. >> Thank you. No further questions. >> Do we have any questions? >> I do have one. Um Chief, back in the day running two guys per shift, that was a standard practice. Um, what percentage of the time would it be a full-time officer working alongside a part-time officer? >> So, back back early on, uh, part- timerrs did a lot more than what Right now, we have no part-time officers. >> I'm just looking for a number. >> Yeah. Um, part-time
244officers probably worked maybe 25% of the time, I would say. >> Okay. Thank you. Okay, >> thank you. >> Further any further rebuttal? >> Ask any parties have any other >> does any either party have any other exhibits that you want to offer? No ma'am. >> Okay. Then uh I think we decided to do oral closing arguments today. We will uh >> Mr. Nicholson agree. >> Did you were you in agreement we would do oral closing or did you want to >> Okay. Um Okay. So um are you ready to proceed, Miss Ward? >> Yeah. >> It's it's fine from there. It's okay for me anyway. Okay, today we've talked a lot about the various roles that Kevin Nichols served through his time at the Androskagan County Sheriff's Office. He also talked about time at
245Mechanic Falls. Um, as we have submitted, we do not believe that that's relevant. I will get into that a little more later. Um, ultimately, while Mr. Nichols may have at times been a leader, he was never a supervisory employee. He was never in the quote supervisory employment um role that is set forth by the statute. As is often the case, a search of main case law does not provide a lot of guidance for what job responsibilities make one a supervisor employee. Um through the hearing today, Mr. Nichols has repeatedly talked about a specific statute. Um but I believe it's important to note that that statute actually only relates to University of Maine employees under um how basically a collective bargaining arrangement and fair labor standards work for the University of Maine system. Um that said,
246I think that it is illustrative of really what the meat of supervisory employment um experience means under Maine law. We can also look to the Fair Labor Standards Act for guidance. Um although it was created specifically for overtime and tip rules, the Fair Labor Standards Act exemption and its corresponding regulations which I have provided to you provides a helpful framework for considering whether Mr. Nichols employment at the ACSO constituted quote supervisory employment experience at any period in time. Law enforcement and correction positions are specifically addressed in the FLSA regulations. Specifically in 29 CFR 541.3. It is noted that deputy sheriffs and correctional officers among other law enforcement job titles do not generally qualify as exempt because their quote primary duty is not the performance of work directly related to the management or general business operations.
247That regulation goes on to give an example. It says, "Thus, for example, a police officer or firefighter whose primary duty is to investigate crimes or fight fires is not exempt under section 13A1 of the act merely because the police officer or firefighter also directs the work of other employees in the conduct of an investigation or fighting a fire. Essentially what the act is getting at there is that there are times where the nature of the job itself requires somebody to take charge to prevent a situation from getting out of control. That act in and of itself does not create a supervisory employment position. The primary duty definition found at 29 CFR 541700 can be used here to determine whether Mr. Nichols obtained qualifi qualifying supervisory employment experience for any period where Mr. Nichols primary duty
248or quote principal main major or most important duty that he performed was not supervision. He was not in a supervisory employment role. So we will want to look at his experience. >> Give me that site again on CFR. >> Yes. 29 CFR 541.700. And I did give a copy. The Secretary of State's office has recently taken up another challenge to a prospective candidate for sheriff's qualifications. In that case, the hearing officer found that the prospective candidate did not meet the requirement of at least two years of supervisory experience. The hearing officer in that matter noted that the prospective candidate quote argued that the statutory phrase supervisory employment experience should be read broadly to include supervision over particular situations such as the transfer of a prisoner rather than supervision of other law enforcement personnel who worked
249under that candidate. That assertion did not persuade her. She stated that quote, "A sheriff is responsible for managing an entire law enforcement agency with many employees. The qualification is plainly meant to ensure that individuals assuming the office of sheriff have some pre-existing experience in managing personnel. Mr. Nichols has pointed to his role as a unit manager as a portion of what he claims to be qualifying experience. The evidence submitted today shows that it is not like in the Fair Labor Standards Act and the regulations interpreting it at 24 or sorry 29 CFR 541.2 and I believe we agree on this a job title alone is insufficient to determine whether or not a position is supervisory. here. Um, the specific responsibilities are what need to be considered. You heard from numerous witnesses, including those offered up
250by Mr. Nichols, that while a manager may have been in the title of this experimental position that was quickly gotten rid of. Um, it was not part of his job responsibilities. At no time while he served as unit manager was his primary job responsibility the supervision of the other staff in the unit. Essentially he was an additional body on the floor during his shift who could serve as a resource to less experienced staff and jump in to help and make sure the needs of the in the inmates and the agency were met. The same is true of his time as a field training officer. You heard that he performed duties as a field training officer during his time at ACSO. He also indicated some similar um responsibility at Mechanic Falls. You heard that so did
251many of the other line staff that he worked with. The position is not a supervisory position, but it involves a senior or more experienced staff member providing support and coaching in real time during their normally assigned shifts. You heard that when Mr. Nichols was at ACSO, there was no requirement for specific training. Sometimes the field training officer was whoever was available so that the recruit was not out there alone. You also heard that recruits or new hires would be assigned to any number of line staff through the agency throughout their field training. Although Mr. Nichols did not have a trainee with him through every shift, when he did, his primary duty was still not supervisory in nature. There's ample evidence he did not gain qualified supervisory employment throughout his time in law enforcement. At no
252time during his career in corrections and law enforcement was he tasked with actual management of personnel. He had no disciplinary or promotional rights. He didn't schedule other staff. He could not remove someone from their post if they were doing something unsafe or inappropriate. In all of his roles, he could provide guidance and feedback to his co-workers, but needed to bring his concerns to a supervisor. You heard that even other general corrections officers or patrol deputies or transport deputies without a field training officer position had the same right to bring their concerns to their supervisors and that it would be taken seriously. The things that Mr. Nichols is asserting as the basis for his supervisory experience are just general parts of being a law enforcement or corrections officer. Although he was available to provide guidance, he
253did so while working side by side with people who had the same job description. We see this type of guidance and assistance in many fields. In hospitals, the charge nurse is generally a different nurse each shift who's tasked with making sure the floor is running smoothly. They're not responsible for anybody. They cannot discipline anybody, but they're just saying, "You take this room, you take this room, we're going to get through the day." In cafes and restaurants, more experienced staff train new staff to ensure quality customer service. This happens because strong mentorship and support while a newer staff member is learning creates strong organizations. The Androskan County Sheriff's Department is no different in that regard. But you don't have to take just our word for it. The statute in question 30A MRS 371B has repeatedly been
254addressed by the main legislature, including as recently as 2019 and 2021. Up until 2019, the supervisory experience required could be gained in any profession so long as they could meet all of the other requirements to become sheriff. The sponsor of the 2019 bill, other legislators, and the main sheriff's association pointed out that the sheriff's office was unique. A sheriff must manage multi-million dollar budgets. They must oversee large numbers of people, write policies, be engaged in personnel matters, and HR decisions. You heard that from Sheriff Samson today. A member of the sheriff's association, Joel Mary, who testified on behalf of the bill, stated that a person with just patrol experience would not be equipped to provide stewardship of tax dollars. He emphasized that at the time of the legislative session, the single sheriff who is then
255serving in the role, who wouldn't have met the standards being proposed, was in favor of the bill because of the steep learning curve that he experienced when he came on the job without the requisite experience as a supervisory employment um or employee. In 2021, the legislature again took on 30A MRS 371B requirements. They codified the requirements set forth in paragraph D. In determining that the prospective candidate must either meet basic law enforcement training standards or meet them within one year, the legislature reinforced the importance of only having qualified candidates for county sheriff. Specifically, that bill's sponsor, Representative Pickicket, himself a former law enforcement officer with 40 years on the job, stated, and I quote, "When Maine people enter a voting place, they must be able to be 100% certain that any candidate on the ballot
256is qualified by education, training, past experience, or a combination thereof to be sheriff." Although that bill focused on paragraph D, the testimony submitted by the main municipal association sums up the importance of only permitting prospective candidates with the required supervisory employment experience to be on the ballot. Specifically in her testimony, Rebecca Graham of the MMA said, "Law enforcement leadership, elected or not, must convey the same professionalism for their staff, oversee a multi-million dollar budget, and understand new legal trends, case law changes, and protect the public investment in public safety. In addition to these tasks, sheriffs must manage a corrections budget in most counties. Executive leadership skills are a necessity." Mr. Nichols may have provided valuable guidance and feedback to newer corrections and law enforcement officers. Um, I want to turn to his time at the
257Mechanic Falls office and and I have talked about it before, but the statute is really clear about what is required here. What is required? What you need to be looking at as the hearing officer in this case is did the actual submission qualify under the law. Was the statement of qualifications accurate? And the law says that if any part if any portion is not accurate then the petition is void. only information included in the application and statement of qualifications can be considered. The time that Mr. um Nichols spent at the Mechanic Falls department was not included and is irrelevant to the extent you ought to consider that. I submit that even the evidence presented today does not support that he gained two years of the supervisory employment experience that's required by the statute. Mr. Nichols
258may have gained um or may have directed crime scenes on an incident by incident basis, but he was never a supervisory employee at the Andersken County Sheriff's Office or anywhere else. This is supported by the main criminal justice academy records which are submitted into evidence. They're supported by his job responsibilities and through the testimony that you heard Tim. Mr. Samson filed this challenge because he understands the importance of having the right experience to be able to do a complex and dynamic job. He knows Mr. Nichols does not have the statutoily required experience to qualify for it. Today, we are here for you to determine whether we have proven that any part of the declaration was false. We have done so. Not only was his required main criminal justice certification not submitted in full, conveniently, it
259left out the um consent agreements documenting issues that he had had as a law enforcement officer, but he does not have two years of supervisory employment experience. For that reason, his consent and nomination petition are void under the plain language of 21A MRS 355 and 30A MRS 371B. If you do have any questions, I would be happy to answer them and thank you for your consideration today. >> Thank you. >> We're ready for your closing argument. >> Yes. Thank you. Uh members of the board, we've looked closely at the facts today. The exhibits presented paint an undeniable picture of the career built on leadership, trust, and a direct supervisory responsibility. Academy records will show that I've attended supervising class supervisory classes and the academy looks at an FTO as not only an instructor, as supervisor.
260The opposition wants you to look strictly at a corporate box and permanent titles, but main law asks you to look at substance. It asks, did this individual assign work? Did they evaluate performance? Did they direct staff assignments and exercise independent judgment? The documented answers to those questions are a resounding yes. I supervise trainees as an FTO holding the power to shape or end their careers. I supervised corrections officers as a unit manager running day-to-day operations on entire floors of the jail. I supervised reserve police officers commanding shifts and evaluating their operational readiness. I supervised deputies and other officers at crime scenes as a detective directing active investigations across multiple jurisdictions. If you add together just my time as an FTO and acting unit manager and shift supervisor, it easily surpasses the two-year requirements. I sat
261before you today without counsel because the truth of my service does not need to be hidden behind legal maneuvering. My record is clear. I have trained and supervised leaders who now serve this state of Maine at the highest levels. I have done the work. I meet the stat statutory standards and the citizens of Andrew County have the right to choose their sheriff. I respectfully ask you validate my two years of supervisory experience and rule in my favor and thank you very much for your time. >> Thank you. >> This concludes the public hearing on this challenge. As hearing officer, I'll be issuing a recommended decision on this matter in the next few days. The parties will have a very brief period to file any objections to the recommended decision. That recommended decision and any objections
262will be forward to forwarded to the Secretary of State with a final decision to be issued no later than June 10th uh 2026. We will email that decision to all parties and then any party agreved by that decision will have an opportunity to challenge it in the law court in accordance with title 21A section 356 subsection 2 paragraph E. Are there any questions about this procedure? >> No. And I'd just like to emphasize for the parties, it will be a very brief period for which you'll be able to file objections, just given that we have such a short amount of time to get to a final decision by next Wednesday. So, please keep an eye on your email and just be aware it's not going to be very much time. It it might be a
263day or day and a half, two days, something like that. Okay. Right. >> All right. This concludes the hearing. Thank you all for being here.