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Tennessee Highway Patrol trooper with multi-incident record loses POST certification
Summary
The Tennessee POST Commission voted to decertify Trooper Milkovich after the Highway Patrol’s Office of Professional Accountability presented seven prior disciplinary incidents and a finding that he disobeyed direct orders; Milkovich disputes the record and is pursuing internal appeal steps.
The Tennessee POST Commission voted to decertify Trooper Milkovich after the Tennessee Highway Patrol’s Office of Professional Accountability presented a disciplinary chronology the agency said included seven prior sustained matters and a recent violation that culminated in termination.
Lt. Colonel Tim Spicer of the Tennessee Highway Patrol told the commission the OPA conducts fact-finding and forwards recommendations through the district captain, major and commissioner; the chain of review supports consistent statewide discipline. Chad Smith, the OPA investigator, said Milkovich’s personnel record showed progressive discipline beginning with warnings and culminating in suspensions and a final recommendation for termination after a harassment-related incident in which the trooper allegedly violated direct orders to have no contact with a colleague.
"In the case of, mister Milkeby, we feel that his actions have diminished his credibility and, his ability to effectively perform the duties of a Tennessee state trooper and law enforcement officer," OPA investigator Chad Smith said during the hearing.
Counsel for Milkovich argued that some prior complaints were rooted in a personality clash with a supervisor and that certain allegations had been found unfounded; the respondent also noted he is pursuing step-3 appeal rights and disputed aspects of the agency’s chronology. Milkovich spoke to the commission and denied some allegations and described factual clarifications he intends to present in appeals.
Commissioners discussed video and body-camera evidence cited by the agency, the history of prior discipline (including one five-day suspension), and the propriety of cumulative discipline. After discussion, a motion and second for decertification were made and carried on a voice vote.
Counsel for Milkovich was directed to meet with the investigator to be advised of next steps in light of the commission’s action.
