By Jennifer S. McDonald
C & G Staff Writer

ROCHESTER — Former Rochester Councilman David Katulic and his wife, Patricia, are alleging gross negligence, invasion of privacy and emotional injuries against the city, the Police Department, former police officer David Zemens and officer Kenneth Buchan in a lawsuit filed June 23 with Oakland County Circuit Court.

The suit stems from an incident in which police discovered a warrant had been issued for Katulic, after he failed to appear at the 41-A District Court in Shelby Township on a charge of neglecting to pay March 2006 traffic fines.

Because of that charge, Katulic was taken into custody June 25, 2006, after a vehicle he occupied was pulled over for a defective brake light on Wyngate Drive near his home on Logger’s Circle.

A check of the Law Enforcement Information Network revealed that the state had revoked Katulic’s license due to multiple previous fines that had not been paid, including driving with defective equipment, not being able to produce a valid driver’s license and failure to provide proof of insurance.

A separate LEIN search also revealed that Katulic’s wife, who was driving the car at the time, also had a suspended license. Former Rochester Police Chief Ted Glynn previously stated that her license had been suspended because a prior traffic ticket she’d received through the Oakland County Sheriff’s Office had “not been taken care of.”

The Sheriff’s Office advised Rochester police to issue the warrant to Katulic’s wife and release her on the spot. Katulic, however, was taken into custody. He was later released on a $340 bond.

During his arrest, Katulic claims, Buchan and Zemens improperly used the Law Enforcement Information Network against him and his wife.

Greg Liepshutz, Katulic’s attorney, said the Rochester Police Department “should have known better” and that they are “supposed to uphold the law” and “not be petty.”

“This is an example of police behaving badly,” Liepshutz said. “It’s childish. Hopefully they’ll learn their lesson and not be bothering people.

“You can imagine most citizens would be irate if the police were doing this to them,” Liepshutz added. “It’s a case that must be challenged, and hopefully the city will implement a policy or sanction so these guys will act like they’re supposed to.”

Rochester City Manager Jaymes Vettraino said the case had been forwarded to the city’s insurance company and will be handled accordingly. Mayor Stuart Bikson said since it is pending litigation, he is unable to comment on the lawsuit. Zemens also declined comment.

“The city is going to have to deal with this like they would any other pending litigation,” Bikson said. “We will have closed sessions for the council to discuss it.”

Katulic’s June 2006 arrest occurred one day before a grievance hearing took place between the Rochester Police Officer’s Association and city administration in regards to the suspension of two Rochester police officers over the city’s ticket-writing policy.

The officers were suspended on two separate dates for violating the city’s policy, which requires patrol officers to make at least three traffic stops and write at least 1.5 traffic tickets per day over a 30-day span.

Additionally, the Oakland County Prosecutor’s Office exonerated six Rochester police officers of charges in November 2006 after being accused of misusing the LEIN system during Katulic’s June arrest.

The Sheriff’s Office began the criminal investigation after the Rochester Police Department asked police officials to investigate employees who were accused of using the LEIN database illegally during a traffic stop of Katulic.

“The LEIN law says that you should not use or disclose LEIN information for personal use or gain," Oakland County Deputy Prosecutor Deborah Carley had said. “In this particular case, the LEIN was accessed, but it was never used for any personal use or gain. It was never disclosed to anyone other than law enforcement officials."

Katulic resigned from Rochester City Council in December 2007, citing personal reasons for his departure. The lawsuit says he now lives in Rochester Hills. Zemens was appointed Jan. 14 to fill Katulic’s seat.