Franklin City Neighbors

Sheriff Orders Deputy to Withdraw Complaint Against Chief Jones

Jul 23, 2002

Deputy files, then retracts citizen complaint on Jones

Written over verbal tussle at airport, it is withdrawn on sheriff's order

By JAMES H. BURNETT III
of the Journal Sentinel staff
Last Updated: April 17, 2002
A Milwaukee County sheriff's deputy involved in an airport confrontation with Milwaukee Police Chief Arthur Jones announced Wednesday that he had filed a citizen complaint against Jones but withdrew it less than an hour later by order of Sheriff David A. Clarke Jr.

Two Versions

Sheriff's deputy Michael L. Feinberg says Milwaukee Police Chief Arthur Jones was belligerent and refused to comply with his orders to move away from a baggage carrousel fire at Mitchell International Airport.
Police Chief Arthur Jones says he identified himself, was not belligerent and had the right to know what was going on.


The deputy's news conference announcing the complaint, where he was flanked by attorney Alan Eisenberg, prompted Jones to release a complaint he filed earlier with the Sheriff's Department over the April 7 incident.

Both men offer different versions of the encounter.

Deputy Michael L. Feinberg says he was directing people away from a baggage carrousel where a small fire had broken out when Jones approached and repeatedly and belligerently demanded to know what was going on.

Feinberg's complaint says he didn't immediately recognize Jones, who was not in uniform, and the chief did not identify himself until later in their conversation.

According to Feinberg's complaint:

Jones became such a distraction that two people slipped past Feinberg's safety perimeter and another deputy had to retrieve them.

Feinberg also says in the complaint that Jones, "continued to verbally assault me while refusing to comply with my lawful orders. . . . At this juncture, the only event preventing Chief Jones' arrest was my overriding concern for the safety of all the citizens that were exposed to an unstable environment."

One portion of Feinberg's complaint seems contradictory when he cites a law that says Jones, as an off-duty police officer, was required to stay at the scene and offer his assistance.

"Chief Jones failed to help and walked away," Feinberg's complaint says, while also claiming that Feinberg repeatedly ordered Jones to move away.

While acknowledging the two had words, Jones insisted the incident differed greatly from Feinberg's description.

In a complaint Monday to sheriff's Inspector Kevin Carr, Jones said he had gone to the airport to pick up arriving family members, noticed the situation and approached Feinberg out of concern for general safety. Jones' letter says he immediately showed his Milwaukee Police Department badge and identified himself promptly when asked by Feinberg.

According to Jones' complaint, Feinberg responded to the chief's statement, "I want to know what's going on," with "I don't know who you are - keep moving." Jones' complaint also says after he identified himself, Feinberg yelled "Keep moving, I don't have time to talk to you."

"In shock, I asked, 'You can't tell me?' " Jones wrote, to which he says Feinberg replied, "No, because I don't work for you."

As Jones turned to walk away, Feinberg approached and asked, the complaint says, "Why don't you try working with the Sheriff's Department instead of working against us?" and later approached again and said, "Chief, you are going to get someone killed if you don't cooperate and keep interfering," according to Jones' complaint.

Feinberg acknowledged that he wrote his complaint to the Milwaukee Fire and Police Commission with help from the Milwaukee Police Association, the city's police union, which is frequently critical of Jones.

"They knew more about the filing procedure than I did," Feinberg said. "The words are mine."

About an hour after Feinberg's news conference, Clarke, a 24-year Milwaukee police veteran who was appointed sheriff by Gov. Scott McCallum, ordered him to withdraw the complaint.

Clarke could not be reached for comment. His spokeswoman, Deputy Inspector Sherry Weber, said Feinberg was on duty when the incident occurred and therefore should have waited until the internal affairs investigation was complete before filing such a complaint.

"I'm not saying that we would have approved this later," she added.

Weber acknowledged that she was not sure whether the Sheriff's Department had a specific policy prohibiting deputies from filing complaints as citizens about issues under investigation within the department.

Regardless, she said, Feinberg was given an "order from his sheriff."

Jones insisted Wednesday that he was not belligerent with Feinberg.

"I'm the chief of police in the city of Milwaukee. The incident occurred in the city of Milwaukee, and I had every right to know what was going on," Jones said.

Appeared in the Milwaukee Journal Sentinel on April 18, 2002.