v...administrative hearing system to be hereunto affixed this wednesday, may 24, 2017. date document...

STATE OF MICHIGAN MICHIGAN ADMINISTRATIVE HEARING SYSTEM

IN THE MATTER OF:

John Dwight Scheiding, Petitioner

v Michigan Commission on Law Enforcement Standards,

Respondent

----------------------------~'

Docket No.: 17-002979

Case No.: MC0-2016-53

Agency: State Police

Case Type: MCOLES

CERTIFICATION OF RECORD

I, Janice K. Atkins, certify that the attached file is the original record of the Michigan Administrative Hearing System in the above captioned matter, and that said record consists of those entries shown below.

In Witness Whereof, I have hereunto set my hand and caused the Seal of the Michigan Administrative Hearing System to be hereunto affixed this Wednesday, May 24, 2017.

Date Document

1. 04/28/17 Proposal for Decision

2. 04/26/17 Respondent' Exhibits 1+2

3. 03/21/17 Order for Continuance

4. 02/15/17 Notice of Hearing with Proof of Service.

5. 02/09/17 Request for Hearing

Janic£:1 K. Atkins Michigan Administrative Hearing System


IN THE MATTER OF:


v

Docket No.: 17-002979

Case No.: MC0-2016-53


Michigan Commission on Law Enforcement Standards,

Respondent

Case Type: MCOLES

----------------------------~'

Procedural History

Issued and entered this ,;1 ~ day of April, 2017

by Shawn Downey

Administrative Law Judge

PROPOSAL FOR DECISION

This matter commenced with the Respondent's ORDER OF SUMMARY SUSPENSION AND NOTICE OF INTENT TO REVOKE LAW ENFORCEMENT OFFICER LICENSE, dated January 20, 2017, issued against the Petitioner's license to act as a law enforcement officer in the State of Michigan, pursuant to the provisions of the Michigan Commission on Law Enforcements Standards Act, 203 PA 1965, as amended, being MCL 28.601 et seq. The Order included an opportunity to show compliance.

Following the issuance of the Order of Summary Suspension, the Michigan Administrative Hearing System (MAHS) issued a Notice of Hearing, dated February 15, 2017. A hearing was scheduled on Respondent's allegations, and was held on March 16, 2017, beginning at 9:00a.m. The Notice of Hearing was mailed to the Petitioner's last known address. The Michigan Commission on Law Enforcement Standards notified the Michigan Administrative Hearing System that Mr. Scheiding reported a new address; however, on March 16, 2017, it could not be ascertained with certainty that the Notice of Hearing was sent to Mr. Scheiding's new address. As a result, the hearing on March 16, 2017, as adjourned and rescheduled to April 26, 2017 and a new Order for Continuance was issued on March 21, 2017, providing notice of the new hearing date which was sent to Mr. Scheiding's new address.

Docket No. 17-002979 Page 2

The hearing was reconvened on April 26, 2017, and conducted at the Michigan Administrative Hearing System, Ottawa State Office Building, 611 W. Ottawa Street, Lansing, Michigan, to commence at 9:00A.M.

Appearances:

Petitioner, John Dwight Scheiding, failed to appear for the hearing.

Respondent was represented by John Szczubelek, Assistant Attorney General.

The hearing in this matter was scheduled to commence at 9:00 A.M., however the opening was delayed because the Petitioner failed to appear. At 9:35A.M., the record was opened. Upon opening, the Respondent moved to continue the hearing in the absence of Petitioner and for entry of default for Petitioner's non-appearance. Both motions by Respondent were granted.

Exhibits

At the hearing, Respondent's counsel offered two (2) exhibits that were admitted into the record:

1. A one-page print out from the MCOLES Information and Tracking Network entitled, "Individual Identification Report" indicating that John Dwight Scheiding, born October 22, 1987, was originally licensed as a law enforcement officer on June 18, 2014.

2. A Certified Judgment of Sentence from the 131h Judicial Circuit Court, based upon Petitioner's plea of guilty entered on June 20, 2016, and sentenced on July 22, 2016 for:

a) Distribution of Obscene Matter to a Minor Child, a violation of MCL 722.675, a felony punishable by imprisonment for not more than 2 years, or a fine of not more than $10,000.00, or both; and,

b) Willful Neglect of Duty by a Public Officer, a violation of MCL 750.478, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1 ,000.00.

Petitioner offered no exhibits.

No witnesses testified at hearing.


Issues and Applicable Law

Section 9b of the Act, being MCL 28.609b, allows the Respondent to revoke the Petitioner's certificate. Subsection 12 provides:

(12) The commission shall revoke a license granted under this section for any of the following circumstances and shall promulgate rules governing revocations under this subsection:

(a) The individual obtained the license by making a materially false oral or written statement or committing fraud in an affidavit, disclosure, or application to a law enforcement training academy, the commission, or a law enforcement agency at any stage of recruitment, selection, appointment, enrollment, training, or licensure application.

Findings of Fact

Based upon the record, including the pleadings, as well as the exhibits entered into the record, I make the following findings of fact:

1. John Dwight Scheiding, DOB: 10-22-1987, was originally licensed as a police officer on June 18, 2014, and as a result, Petitioner was subject to the provisions of the Michigan Commission on Law Enforcement Standards Act. (See Respondent's Exhibit 1 ).

2. On June 20, 2016, John Dwight Scheiding entered guilty pleas to a felony and a misdemeanor in the 13th Judicial Circuit Court for Grand Traverse County. (See Respondent's Exhibit 2). The felony was punishable by up to two years of prison.

3. Petitioner's adjudication of the offenses defined in Section 9b(12) of the Act, being MCL 28.609b(12) supports the revocation of the Petitioner's certification.

CONCLUSIONS OF LAW

The principles that govern judicial proceedings also apply to administrative hearings. Callaghan's Michigan Pleading and Practice §60.248, at 230 (2d ed. 1994). The burden of proof is upon the Respondent to prove, by a preponderance of the evidence that grounds exist for the imposition of sanctions upon the Petitioner.

Based upon the findings of fact and the exhibits offered by the Respondent, the Respondent has established by a preponderance of the evidence that the Petitioner

Docket No. 17-002979 Page4

was adjudicated for at least one of the offenses listed in Section 9b(12) of the Act, being MCL 28.609b(12).

Therefore, the issuance of an Order of Summary Suspension was appropriate pursuant to 1999 AC, R 28.14604 and to protect public health, safety and welfare from the danger of a certified law enforcement officer carrying on in that capacity while adjudicated on an offense listed in MCL 28.609b(12).

EXCEPTIONS

S~~wn Downey ; / Administrative Law tJ ge

Any exceptions to this Proposal for Decision must be filed with the Michigan Administrative Hearing System (MAHS), 611 West Ottawa Street, P.O. Box 30765, Lansing, Michigan 48909, with a copy to all parties, within 21 days after the Proposal for Decision is issued. The opposing party may file a reply within 14 days after receiving the exceptions. Copies of any documents sent to MAHS must be sent to all parties listed on the attached Proof of Service.


PROOF OF SERVICE

I hereby state, to the best of my knowledge, information and belief, that a copy of the foregoing document was served upon all parties and/or attorneys of record in this matter by Inter-Departmental mail to those parties employed by the State of Michigan and by UPS/Next Day Air, facsimile, and/or by mailing same to them via first class mail and/or certified mail, return receipt requested, at their respective addresses as disclosed below this ;Js"-r-- day of April, 2017.

Hermina Kramp Michigan Commission on

Law Enforcement Standards 106 West Allegan, Suite 600 Lansing, Ml 48909

John Dwight Scheiding 4050 East Hammond Rd #177 Traverse City, Ml 49686

John Szczubelek Michigan Department of Attorney General 106 W. Allegan, Ste. 600, P.O. Box 30633 Lansing, Ml 48909

Janjde K. Atkins Michigan Administrative Hearing System

829 Michiga1t ommission On Law Enforcemerl, _ 1andards

Page 1 of 1

Last Name: First Name: Middle Name:

AKA:

Date of Birth: SSN: Gender:

MCOLES Number: License Status: Original License Date: Original Activating Agency:

MCOLES Information and Tracking Network Individual Identification Report

SCHEIDING JOHN DWIGHT

JOHN SCHEIDING DWIGHT

10/22/1987 XXX-XX-8243

Male

45692

Suspended 06/18/2014

GRAND TRAVERSE COUNlY SHERIFF'S OFFICE

03/16/2017 07:36AM

"' "' EXHIBIT •. • I i J

FILED ·'"

and Travers.SJlf>,Cic(jl\ICM.I(:HIGAN Gt 07122f.2016 JUDICIAL DISTRICT

13th JUDICIAL CIRCUIT

Original - Court 1st copy - Jall 2nd Copy - Michigan State Police

JUDGMENT OF SENTENCE iZl COMMITMENT TO JAIL

..Jrd copy - Defendant 4th copy - Prosecutor 5th copy- Gun board (if needed)

CASE NO.

2016012468FH

ORI Court address "' EXHIBIT Ml- 280015J 328 Washington Street, Traverse City, Ml 49684 " I Police Reoort No. 2 ~ The State of Michigan Defendant name, address and telephone no.

THE PEOPLE OF SCHEIDING, JOHN DWIGHT ~

D 84 Reads Run

v raverse City, Ml 49685

CTN!TCN 281600126601

ISID I~OB 0-22-1987

THE COURT FINDS: 1. Defendant was found guilty on -"6o'-270c_-1_c6'-----------------of the crime(s) as stated below:

Dat e CONVICTED BY DISMISSED CHARGE CODE(S)

Count Plea* Court Jury sv• CRIME MCL citation/PACe Code

2 G Child-Distribute Obscene Matter 722.6751

4 G Pub Off Wilful Neolect of Dutv 750.4781

- . . - "" " *Insert G for guilty plea, NC for nolo contendere, Ml for gullly but mentally 111. for d1sm1ssal. Insert D for dismissed by court or NP for dismiSsed by proseoutor/plamllff.

[8] represented by an attorney: ~D;co,_,u,_,g"'la':s'-G"'Cut,s"c"h"'er...._,_-c-:_--:----:---::-:--:::---::--:-:----:-:-c::----:c--:-o:--:--2. Defendant 0 advised of right to counsel and appointed counsel and knowingly, intelligently, and voluntarily waived that right.

D 3. Conviction reportable to Secretary of State.-... Defendant's driver license number is=-::--,-----,.-----,-------0 4. Sanctions reportable to State Police-. D Revoked. 0 Suspended __ days. D Restricted __ days. 0 5. HIV testing and sex offender registration is completed. D 6. Defendant has been fingerprinted according to MCL 28.243.

**(see back)

D 7. A DNA sample is already on file with the Michigan State Police from a previous case. No assessment is required.

IT IS ORDERED: 0 8. Probation is revoked. D 9. D Deferred status is revoked. D HYTA status is revoked. [ZI1 0 Defendant is sentenced to jail as follo'NS· D Report at m

Date Sentence Sentenced Credited To Be Served Release Authorized Release Period Count Begins Mos. Days Mos. Day§ Mos. D~ys for the Followi!!fl_ Purp9se From To

time 2 7-22-16 served --- -·- 69 D Upon payment of fine and

time D To Work or seek

4 7-22-16 served ... ... 69 0 For'attendance at

D FOr m8dical

D Othec

11. Defendant shall pay: I State Minimum I Crime Victim Restitution I DNA Assess. Court Costs Attorney Fine Other Costs I Total

1$136 1$130/50 1696 1 1$800 $ $100 $ 1$

The due date for payment is . Fine, costs, and fees not paid within 56 days of the due date are subject to a 20% late penalty on the amount owed. Only the fine and some costs may be satisfied by serving time in jail.

0 Defendant shall se!Ve days in jail beginning for failure to pay on time. D 12. D 13.

Defendant shall be placed on probation for months and abide by the terms of probation. (See separate order.)

Defendant shall complete the following rehabilitative services. D Alcohol Highway Safety Education D Treatment (0 outpatient, D inpatient, D residential, D mental health). Specify:

O 14. The vehicle used in the offense shall be immobilized or forfeited. {See separate order.) O 15. The concealed weapon board shall 0 suspend for days Ae anently revokeD the concealed weapon

license, permit number , issued by 011221~nty. D 16. Other: ~ 10AOAM

c---l'HOMAS G.POWER, (:(RCu1TC6iJRT"juoGE, PZ4i7n:::::J

HONORABLE THOMAS G. POWER

MC 219 (3110) JUDGMENT OF SENTENCE/COMMITMENT TO JAIL MCL 765.1;j(2~,!MCL..]69.1k.., f'"

MCL 769.16a, MCL 775.22, MCL 780.766, M.d~(ni0~2~,.~9 .. R,:~)27

JAN 13 ZflH

• MCL 257.625(21)(a) o MCL 257.732 o MCL 324.80131 • MCL 324.81134(12) o MCL 324.81135(7) o MCL 324.82157 o MCL 333.7408a(11)

Sanctions are reportable to the State Police pursuant to:

• MCL 333.7408a(11) and MCL 333.7408a(12)(b), including sentences for imprisonment under 90 days o MCL 257.625(21)(b)

Currently convictions are reportable to the Secretary of State pursuant to:


o MCL 257.625(21)(a) o MCL 257.732 o MCL 324.80131 o MCL 324.81134(12) o MCL 324.81135(7) o MCL 324.82157 • MCL 333.7408a(11)


o MCL 333.7408a(11) and MCL 333.7408a(12)(b), including sentences for imprisonment under 90 days o MCL 257.625(21)(b)


IN THE MATTER OF:


v

Docket No.: 17-002979

Case No.: MC0-2016-53



Case Type: MCOLES

Filing Type: Sanction Respondent

I

Issued and entered this ,21 ;,:rday of March, 2017

by: Shawn Downey

Administrative Law Judge

ORDER FOR CONTINUANCE

PLEASE TAKE NOTICE that during the duly noticed hearing held in the abovecaptioned matter on March 16, 2017, the Michigan Administrative Hearing System was made aware of a new and/or different mailing address for Respondent. Because Respondent may not have received sufficient notice of the hearing, the March 16, 2017 hearing will be continued.

NOW THEREFORE, IT IS ORDERED that the hearing in the above-captioned matter will be held at 9:00 a.m. on April 26, 2017 at the Michigan Administrative Hearing System, Ottawa State Office Building, 611 W. Ottawa, 2nd Floor, Lansing, Michigan.

f crt_~ .,__..

Shawn Downey Administrative Law Judg

17-002979 Page2

PROOF OF SERVICE

I hereby state, to the best of my knowledge, information and belief, that a copy of the foregoing document was served upon all parties and/or attorneys of record in this matter by Inter-Departmental mail to those parties employed by the State of Michigan and by UPS/Next Day Air, facsimile, and/or by mailing same to them via first class mail and/or certified mail, return receipt requested, at their respective addresses as disclosed below this ,:;(;:?- day of March, 2017.

JaniC:e K. Atkins Michigan Administrative Hearing System

Hermina Kramp Michigan Commission on Law Enforcement Standards 106 West Allegan, Suite 600 Lansing, Ml 48909

John Dwight Scheiding 4050 East Hammond Rd, #177 Traverse City, Ml 49686



DATE NOTICE MAILED: 02/15/2017

IN THE MATTER OF:


v


Respondent

--------------------------~'

Docket No.: 17-002979

Case No.: MC0-2016-53


Case Type: MCOLES

Filing Type: License Revocation

NOTICE OF HEARING

You are hereby notified that a formal administrative hearing under the jurisdiction of the 1965 PA 203 has been scheduled before an Administrative Law Judge on:

Date: Time: ALJ: Location:

Issue:

Thursday, March 16, 2017 9:00AM Shawn Downey Lansing Hearing Office 611 W. Ottawa (ID Required) Lansing, Ml 48933 Office: (517) 335-2484 I Fax: (517) 373-6235

Petitioner pleaded guilty to a felony charge making him ineligible to be licensed as a law enforcement officer in Michigan.

The case will be conducted in accordance with rules and procedures applicable to contested cases as contained in the Administrative Procedures Act, 1969 PA 306, as amended, MCL 24.201 et seq., and the Michigan Administrative Hearing Rules (R 792.10101 - R 792.11903). The Michigan Administrative Hearing Rules apply only to practices and procedures under jurisdiction of the Michigan Administrative Hearing System. Rules governing case practices and procedures outside the jurisdiction of the Michigan Hearing System may be found elsewhere in the Michigan Administrative Code.

17-002979 Page 2

All pleadings and motions shall be filed with the Michigan Administrative Hearing System at the hearing location listed above. If the hearing location is Grand Rapids, please use the following mailing address for all pleadings and motions: Michigan Administrative Hearing System, P.O. Box 30695, Lansing, Ml 48933; or by facsimile at (517) 373-6235. You must send a copy of everything you file to the opposing party as listed on the proof of service accompanying this Notice.

If the opposing party files a motion, you must respond within seven days after you receive it, unless the Administrative Law Judge sets a different time for response.

You are further notified that you may be represented by an attorney or representative; law permitting, at the hearing. You may present evidence or call witnesses. If you wish to offer any document(s) into evidence at the hearing, you must bring the document to introduce into the record, your own copy, and a copy for the opposing party. The Michigan Administrative Hearing System is not responsible for photocopying your documents.

In the event that you fail to appear at the hearing as scheduled, a default judgment or decision may be entered against you pursuant to the Administrative Procedures Act.

All hearings are conducted in a barrier free location and are in compliance with the 1990 Americans with Disabilities Act. A disabled individual requiring accommodation for effective participation in a hearing, including accessible documentation, should call the Michigan Administrative Hearing System at: (517) 335-2484 to make arrangements. Pursuant to R 792.1011 (c), if accessibility is requested (i.e. braille, large print, electronic or audio reader), information which is to be made accessible must be submitted to the hearing system at least 14 business days before the hearing. If the hearing system is unable to accomplish conversion prior to the date of hearing, an adjournment shall be granted. If a party fails to provide information for conversion pursuant to this rule, the administrative law judge has discretion to deny adjournment.

All hearing attendees must present picture identification to gain access to State Office Buildings. Failure to present picture identification will result in denial of access.

17-002979 Page3

PROOF OF SERVICE

I hereby state, to the best of my knowledge, information and belief, that a copy of the foregoing document was served upon all parties and/or attorneys of record in this matter by Inter-Departmental mail to those parties employed by the State of Michigan and by UPS/Next Day Air, facsimile, and/or by mailing same to them via first class mail and/or certified mail, return receipt requested, at their respective addresses as disclosed below this 15th day of February, 2017.

Don VanderVeen Michigan Administrative Hearing System

Hermina Kramp Michigan Commission on Law Enforcement Standards 106 West Allegan, Suite 600 Lansing, Ml 48909

John Dwight Scheiding 9911 Dell Rd. Kingsley, Ml 49649


I .)UEST FOR HEARING 1.1N THE MATTER OF

John Dwight Scheiding

v ae.ce.NED

Michigan Commission on Law Enforcement Standards FEB 0 9 'l.ll\7 INISiAAiNE

t,\\CH~:;~~ s'ISiEM

2. ISSUE

Petitioner pleaded guilty to a felony charge making him ineligible to be licensed as a law enforcement officer in Michigan.

3. INITIATING AGENCY'S FILE NUMBER

MC0-2016-53 5. AGENCY

Michigan Commission on Law Enforcement Standards

7. ACT/ CODE OF LAW

Act 203, P .A. 1965, as amended 8. PROVISION OF LAW

MCL 28.609(12) 9. CHAPTER/ SECTION OF LAW

Section 9(12)(c) 10. CASE TYPE

Sanctions

112. GEOGRAPHICAL AREA

13. PREPARED BY

Hermina Kramp

15. COMMENTS

Rev. 201117

PHONE NUMBER

4a. STATUTORY START DATE 4b. DAYS ALLOWED

6. DIVISION

11. CASE SUB~TYPE

License Revocation

FAX NUMBER DATE PREPARED

(517) 322-6439 2/7/2017

PERSONS INVOU ,D WITH THE REQUEST FOF .EARING

1.1N THE MATTER OF 2. AGENCY FILE NUMBER 3. MAHS DOCKET NUMBER

John Dwight Scheiding 2016-76 v

Michigan Commission on Law Enforcement Standards

4. CHECK ONE {X) f-

Petitioner ~ Respondent - Intervenor I! It Department Petitioner Attorney Respondent Attorney Intervenor Attorney

f- Petitioner Non~Attomey H Respondent Non-Attorney - Inte1venor Non-Attorney

5. NAME

Hermina Kramp 6. FIRM

Michigan Commission on Law Enforcement Standards (MCOLES) 7. ON BEHALF OF

MCOLES 8. STREET ADDRESS I P.O. BOX

106 West Allegan Suite 600 P.O Box 30633 9. CITY 110. STATE __ r1. ZIP CODE 12. PHONE 13. FAX

Lansing MI 48909 (517) 322-5621 (517) 322-6439 4. CHECK ONE (X) B Petitioner ~ Respondent - Intervenor ~ ll Department

Petitioner Attorney Respondent Attorney Intervenor Attorney

M Petitioner Non-Attorney M Respondent Non-Attorney '= Intervenor Non-Attorney

5. NAME

John Szczubelek 6. FIRM

Michigan Depattment of Attorney General 7. ON BEHALF OF

MCOLES 8. STREET ADDRESS I P.O. BOX

I 06 W. Alle~an Suite 600 P.O. Box 30633 9. CITY 1-10. STATE ~~1. ZIP CODE 12. PHONE 13. FAX

Lansing MI 48909 11517) 322-5435 irs 17)_322-6439 4. CHECK ONE (X) fX1 Petitioner ~Respondent ~ ~ Intervenor fl lJ Department n Petitioner Attorney il Respondent Attorney n Intervenor Attorney

H Petitioner Non-Attomey "'fl Respondent Non-Attorney H Intervenor Non-Attorney 5. Name

John Dwight Scheiding 6. FIRM

7. ON BEHALF OF

8. STREET ADDRESS I P.O. BOX

qq 11 Dell RcL 9. CITY 1:10. STATE 1:1. ZIP CODE 12. PHONE 13. FAX

Kingsley Ml 49649 4. CHECK ONE (X) D Petitioner D Respondent D Intervenor 0 Department

D Petitioner Attorney D Respondent Attorney D Intervenor Attorney

D Petitioner Non-Attorney D Respondent Non-Attorney D Intervenor Non-Attorney

5. NAME

6. FIRM

7. ON BEHALF OF

8. STREET ADDRESS I P.O. BOX

9. CITY ! 10. STATE 111. ZIP CODE 12. PHONE 13. FAX

FILED fA.. i ..0--L. ....

G;and TravorsaSlll\ l:licOO:MH:HIGAN 07/2212016 JUDICIAL DISTRICT

13th JUDICIAL CIRCUIT

Original -- Court 1st copy - Jail 2nd Copy Michigan State Pollee

JUDGMENT OF SENTENCE [Z] COMMITMENT TO JAIL

3rd copy \ mdant 4th copy - _ .... secular 5th copy - Gun board (if needed)

CASE NO.

2016012468FH

ORI Ml- 280015J

Court address

328 Washington Street, Traverse City, Ml 49684 Court telephone no.

2311922-4710 Pollee Report No.

~ The State of Michigan Defendant name, address and telephone no.

THE PEOPLE OF SCHEIDING, JOHN DWIGHT

D 84 Reads Run

v frraverse City, M! 49685

CTNITCN 281600126601

ISID IDOB 10-22-1987

THE COURT FINDS: 1. Defendant was found guilty on '06c"-2'C'0'--1'-'6'-______________ of the crime(s) as stated below:

Date

CONVICTED BY DISMISSED CHARGE CODE(S) Count Plea~ Court Jurv BY" CRIME MCL citation/PACC Code

2 G Child-Distribute Obscene Matter 722.675]

4 G Pub Off Wilful Neglect of Dutv 750.4781

. "" " . " "" " Insert G for gu1lty plea, NC for nolo contendere, Ml for gu11ty but mentally 1!!. For d1sm1ssa!. msert D for dismissed by court or NP for d1sm1ssed by prosecutor/plaml1ff .

[8J represented by an attorney: _.,D"o"u"'g"'la,_,sc.:G=ut,_,s,c'-'he.,.r _____ --c--c-cc--------...,.,.--...,----2. Defendant D advised of right to counsel and appointed counsel and knowingly, intelligently, and voluntarily waived that right.

D 3. Conviction reportable to Secretary of State**. Defendant's driver license number is=::--:-:-:--:-----:--------0 4. Sanctions reportable to State Police*"'. D Revoked. D Suspended __ days. D Restricted __ days.

0 5. HIV testing and sex offender registration is completed. 0 6. Defendant has been fingerprinted according to MCL 28.243.

u(see back)

D 7. A DNA sample is already on file with the Michigan State Police from a previous case. No assessment is required.

IT IS ORDERED: D 8. Probation is revoked.

D 9. D Deferred status is revoked. D HYTA status is revoked.

tg1 10 Defendant is sentenced to jail as follows· D Report at m

Date Sentence Sentenced Credited To Be Served Release Authorized Release Period Count Beqins Mos. Days Mos. Days Mos. Days for the Followinq Purpose From To

time 2 7-22-16 served --- """ 69 D Upon payment affine and

time D To Work or seek

4 7-22-16 served ... . ... 69 D For ·attendance at

D For medical

D Othec

11. Defendant shall ay: State Minimum Crime Victim Fine Total

$136 $130/50

The due date for payment is . Fine, costs, and fees not paid within 56 days of the due date are subject to a 20% late penalty on the amount owed. Only the fine and some costs may be satisfied by serving time in jail.

D Defendant shall seiVe days in jail beginning for failure to pay on time. D 12. D 13.

Defendant shall be placed on probation for months and abide by the terms of probation. (See separate order.) Defendant shall complete the following rehabilitative services. D Alcohol Highway Safety Education D Treatment (0 outpatient, D inpatient, D residential, D mental health). Specify:

D 14. The vehicle used in the offense shall be immobilized or forfeited. (See separate order.) D 15. The concealed weapon board shall D suspend for days ?C/;e anently revokeD the concealed weapon

license, permit number , issued by _ fj o7t221&f6Unty. D 16. Other: ~ '/viU.._ 10AOAM

[----THOI.i..iS G."POWER, CiRCUIT cOURT JUDGE, Pi4i7o--~

HONORABLE THOMAS G. POWER

Me 219 (3/10) JUDGMENT OF SENTENCE/COMMITMENT TO JAIL MCL 765.15(2), MCL 769.1k,_.

MCL 769.16a, MCL 775.22, MCL 780.766, MCp]Ei0.~2B:_f"1CR;,~,427

,_,

• MCL 257.625(21)(a) • MCL 257.732 • MCL 324.80131 • MCL 324.81134(12) • MCL 324.81135(7) • MCL 324.82157 • MCL 333.7408a(11)


• MCL 333.7408a(11) and MCL 333.7408a(12)(b), including sentences for imprisonment under 90 days • MCL 257.625(21)(b)



• MCL 257.625(21)(a) • MCL 257.732 • MCL 324.80131 • MCL 324.81134(12) o MCL 324.81135(7) o MCL 324.82157 • MCL 333.7408a(11)


• MCL 333.7408a(11) and MCL 333.7408a(12)(b), including sentences for imprisonment under 90 days o MCL 257.625(21)(b)

COL~S

ORDER OF SUMMARY SUSPENSION AND NOTICE OF INTENT TO REVOKE LAW ENFORCEMENT OFFICER LICENSE

Date of Service by First Class Mail: January 20, 2017

To: John Dwight Scheiding License #: 45692

Under the authority of section 92(2) of 1969 PA 306 and 1999 AC, R 28.14604, the Michigan Connnission on Law Enforcement Standards finds that the public health, safety and welfare require suspension of your law enforcement officer license, as of the date of service of this Notice by first class mail.

Under the authority of section 9(12)(c) of 1965 PA 203, as amended, and 1999 AC, R 14604, the Michigan Commission on Law Enforcement Standards will commence license revocation proceedings. You will receive a notice of hearing for the proceedings. Your license shall remain suspended pending completion of the proceedings.

You have the opportunity to show compliance with all lawful requirements for retention of the license, as provided in section 92(1) of 1969 PA 306, and may request a compliance conference by sending a written request within fourteen

calendar days of the date of service specified in this Notice. The request must be sent to: David L. Harvey, Executive Director, Michigan Connnission on Law

Enforcement Standards, 106 W. Allegan St., Ste. 600, P.O. Box 30633 Lansing, MI 48909.

Documents, relevant statutes, and relevant administrative rules are attached to this Notice.

FACTS

1. You are, or were, licensed as a law enforcement officer under 1965 PA 203, as amended.

2. You were subjected to an adjudication of guilt for a violation or attempted violation of a penal law of this state or another jurisdiction that is punishable by imprisonment for more than 1 year, as described in section 9(12)(c) 1965 PA 203, as

ame .. nn~de . '

~ Date: January 20, 2017

David L. Harvey,

Section 92 of 1969 PA 306

(1) Before the commencement of proceedings for suspension, revocation, annulment, withdrawal, recall, cancellation or amendment of a license, an agency shall give notice, personally or by mail, to the licensee of facts or conduct which warrant the intended action. Except as otherwise provided in the support and parenting time enforcement act, Act No. 295 of the Public Acts of 1982, being sections 552.601 to 552.650 of the Michigan Compiled Laws, or the regulated occupations support enforcement act, the licensee shall be given an opportunity to show compliance with all lawful requirements for retention of the license.

(2) If the agency finds that the public health, safety or welfare requires emergency action and incorporates this finding in its order, summary suspension of a license may be ordered effective on the date specified in the order or on service of a certified copy of the order on the licensee, whichever is later, and effective dUl'ing the proceedings. The proceedings shall be promptly commenced and determined.

Section 9(12)(c) of 1965 PA 203, as amended

(12) The commission shall revoke a license granted under this section for any of the following cll·cumstances and shall promulgate rules governing revocations under this subsection:

•••

(c) The individual has been subjected to an adjudication of guilt for a violation or attempted violation of a penal law of this state or another jurisdiction that is punishable by imprisonment for more than 1 year.

1999 AC, R 28.14604

(1) If an investigation discloses that a licensed pe1·son was convicted of an offense defined in MCL 28.602(1), an order of summary suspension and notice of intent to revoke shall inlmediately issue. A hearing shall be conducted under the provisions chapters 4 and 5 of the administrative procedures act of 1969, MCL 24.271 to 24.291, and as provided in part 7 of these rules. A certified copy of the order of conviction shall be evidence of a felony conviction.

(2) If the hearing held under subrule (1) of this rule substantiates that the licensed person was convicted of an offense defined in MCL 602 (f), the commission shall revoke the license of a law enforcement officer.

(3) Upon notification of a final decision of license revocation, the person shall return the license immediately to the commission.

(4) A person who has had a license revoked under this rule shall not be eligible to reapply for a license as long as the felony conviction stands. For the purpose ofthese rules, set aside or expunged records are considered the same as a conviction.

PROOF OF SERVICE

I, Ryan Speidel, served an Oder of Summary Suspension and Notice of Intent

to Revoke Law Enforcement Officer License on John Dwight Scheiding

license number 45692, by placing the Order and Notice in first class mail,

with postage affixed, addressed as follows:

John Dwight Scheiding 9911 Dell Rd. Kingsley, MI 49649

( ',\.

(['> / ·-/ ::><., v·- -. Date: ( /z u/,7

I I

829 Page 1 of 1

Michigan Cot ission On Law Enforcement Stai 1rds MCOLES Information and Tracking Network

Individual Identification Report

Last Name: SCHEIDING First Name: JOHN Middle Name: DWIGHT

AKA: JOHN SCHEIDING DWIGHT

Date of Birth: 10/22/1987

SSN: XXX-XX-8243 Gender: Male

MCOLES Number: 45692 License Status: lnacti~.e

Original License Date: 06/18/2014 Original Activating Agency: GRAND TRAVERSE COUNTY SHERIFF'S OFFICE

02107/2017

02:40PM

DISSEMINATING, EXHIBITING, OR DISPLAYING SEXUALLY EXPLICIT MATTER TO MINORS (EXCERPT)

Act 33 of 1978

722.675 Disseminating sexually explicit matter to minor; felony; penalty. Sec. 5. (1) A person is guilty of disseminating sexually explicit matter to a minor if that person does either

of the following: (a) Knowingly disseminates to a minor sexually explicit visual or verbal material that is harmful to minors. (b) Knowingly exhibits to a minor a sexually explicit performance that is harmful to minors. (2) A person knowingly disseminates sexually explicit matter to a minor if the person knows both the

nature of the matter and the status of the minor to whom the matter is disseminated. (3) A person knows the nature of matter if the person either is aware of its character and content or

recklessly disregards circumstances suggesting its character and content. (4) A person knows the status of a minor if the person either is aware that the person to whom the

dissemination is made is under 18 years of age or recklessly disregards a substantial risk that the person to whom the dissemination is made is under 18 years of age.

(5) Disseminating sexually explicit matter to a minor is a felony punishable by imprisonment for not more than 2 years or a fine of not more than $10,000.00, or both. In imposing the fine, the court shall consider the scope of the defendant's commercial activity in disseminating sexually explicit matter to minors.

History: 1978, Act 33, Eff. June I, 1978;-Am. 1999, Act 33, Eff. Aug. I, 1999;-Am. 2003, Act 192, Eff. Jan. 1, 2004.

Constitutionality: Act 33 of 1999 violates the First Amendment and the Dormant Commerce Clause of the US Constitution. Defendants are pennanently restrained and enjoined from enforcing any provisions of 1999 PA 33. Cyberspace Communications, Inc v Engler, 142 F Supp 2d 827 (ED Mich, 2001).

Rendered Friday, February 3, 2017

©Legislative Council, State of Michigan

Page 1 Michigan Compiled Laws Complete Through PA 416 of 2016

Courtesy of www.legislature.mi.gov