Senate Testimony


Senate Judiciary – Criminal Justice Committee
Colonel Richard H. Collins (Retired)
March 3, 2010

Mr. Chairman and Distinguished Members of the Committee.

Thank you very much for the opportunity to appear before you.

My name is Richard H. Collins.  For slightly more than 31 years, I enjoyed the wonderful opportunity to serve with the Ohio State Highway Patrol.  I have served as a trooper on the road, an assistant post commander, a post commander, the inspecting officer responsible for our post and facility inspection program, an assistant district commander, and for over six years as the District Commander for the Findlay District in Northwest Ohio.  On April 20, 2007, I was sworn-in by Governor Ted Strickland as the 15th Superintendent of the Patrol.  On September 18, 2009, as has been well publicized in the media, I stepped down as Superintendent and retired.

I have an associate degree from The Ohio State University, a bachelor’s degree from Bluffton College in organizational management, and a master’s degree in criminal justice / forensic psychology from Tiffin University.  I have also been employed by Tiffin University as an adjunct professor in their criminal justice / terrorism studies program.

I feel it is also important for me to state, as Colonel Rice did a week ago, that I fully recognize and accept our constitutional form of government and that all law enforcement agencies must report to civilian authorities.  I also want to stress that I am not here as a disgruntled former employee, but as a former superintendent, concerned about recent events in the Patrol. 

So why I am here?  After four months of respectful silence, following my retirement, events began to occur within the Patrol that I could no longer stay silent about.  When I retired from the Patrol, on the same day that my boss, Director Henry Guzman retired, it was my hope that the Patrol and the Department of Public Safety could move forward, beyond the constant and tiring disagreements between me, the Director, and our staffs.

On August 27, 2009, in a short but congenial meeting with Chief of Staff John Hasely and Chief Legal Kent Markus, I was asked to step down.  Through a negotiated process, I stayed on until September 18th.  During this time I maintained my regular schedule of events, including promotions and meetings, in an attempt to make the transition as smooth as possible.  After the appointment of Director Collins-Taylor, I took the opportunity to meet with her and offer her suggestions to help her get a good start with her new job.

In my final days, and during my retirement testimonial on November 1st, I made no disparaging remarks about Governor Strickland, Director Guzman, or others in the administration.  Though I would have preferred to remain in my position as Superintendent, that was not to be and my main goal was to leave with my head up, with a proper attitude, knowing I did the best I could during the time I was allotted.

As had been regularly reported in the media, Director Guzman and I, along with our staffs, had regular disagreements on policy issues involving communicating with the media, internal and criminal investigations, the release of public records, and human resource issues involving employee hiring,  promotions and discipline, to name the most common themes.  The work environment was oppressive, and a common source of poor morale primarily among our General Headquarters Employees.

I know that Director Collins-Taylor had dealt with similar issues as head of the Investigative Unit and it was my hope that she would address these areas for the benefit of all concerned.

Also in my final days I became the subject of an investigation by the Ohio Inspector General involving an activities account managed by the Patrol’s Office of Finance.  This investigation was well reported in the media and was referred to the Ohio Ethics Commission.  I have been working through my personal attorney with the Ethics Commission to bring this matter to a satisfactory resolution.

Now on the sidelines, as a Patrol retiree, I have watched in amazement and at times disbelief, a series of events that gave me cause for concern, most of which Colonel Rice discussed last week.

I read about the commonly referred to Power of Attorney, BMV investigation, involving Director Guzman, DPS Chief Legal Attorney, Joshua Engle, and others in the second tier of management at DPS. (Feb. 4th)  Through former BMV Registrar Mike Rankin, I had an awareness of his concerns involving the POA issue and joined him last July when he discussed his concerns with the Governor’s Chief of Staff.  Mike also submitted his resignation during this meeting.

What is commonly referred to as the EDGE Investigation, first reported by the media on January 15th, and later, following an investigation by the Office of the Inspector General, reported in the media again on February 2, 2010.  I was summoned to the Inspector General’s Office to provide a sworn statement regarding this investigation.

What was advertised by Director Collins-Taylor as an open and transparent process for the selection of my successor.  In my opinion, along with most of those I have spoken with, this process was anything but transparent or open.

The recent fiasco involving the drug conveyance case at the Governor’s Mansion.

And most recently, the investigative report this past weekend involving the Department of Correction’s Central Office.

The last straw for me, going back to the drug conveyance investigation, was my total disbelief upon learning that Major Robert Booker, a respected co-worker and personal friend, had been relieved of his command and escorted from his office for, in my opinion, simply doing his job.  This was the same command officer that served as interim superintendent three years ago, prior to my appointment.  Also of related concern was the immediate reassignment of his Executive Officer, Captain Michelle Henderson.

Such actions are not a Highway Patrol that I am familiar with. I could no longer be silent and watch the continued demise of an organization that I’ve dedicated most of my working life to.

Last week Colonel Rice provided for this committee a “Cliffs Notes” version of our beginnings back in 1933.  I’m not going to repeat what he has already presented, but I think that it is critical for the members of this committee and the public in general to understand that the Patrol needs to maintain its independence as an apolitical organization.  

At the 75th Anniversary Gala on November 16, 2008, my remarks included the story of our first superintendent, Lynn Black, ceremoniously tossing letters of recommendation from local politicians and members of the General Assembly in the waste basket while interviewing prospective candidates for the First Academy Class.  This apolitical mandate, first espoused by Colonel Black, continues to be a cornerstone of our mission today.

Colonel Rice also provided an overview of three areas most concerning to us, the other retired superintendents, and current and retired members of the patrol.  Those are:

1.The need for an adequate, sustainable funding source 
2.The resulting recommendations from the Mission Review Task Force
3.The recent political interferences in Patrol administration, management, and operations.

For the record, I share his observations and concerns, and support his concluding recommendations to this committee.  

What he described as the “slippery slope” issues facing our current patrol leadership; the abolishment of an independent Human Resource Office; the civilianization of our public information representative; the failure to investigate crimes well within our legal authority (like the EDGE Case) because a civilian authority tells us otherwise, only moves us closer to a state level law enforcement organization that will no longer serve the best interest of the public.

As I told the Columbus Dispatch, we are the primary law enforcement authority with a responsibility to investigate crimes in state government.  We need to be allowed to do our jobs. 

It is absolutely critical that those who are making these incredibly poor decisions, many of whom I feel were named in last week’s Department of Corrections news article, be held accountable.  My experience with Director Guzman showed me that he seldom made a decision of importance without first consulting Chief Legal Joshua Engle or others on the DPS legal staff.  If Director Guzman was here today, I think he would support that observation. 

As hard as it is for me to believe, Director Guzman and I have now been gone for over five months, yet the problems at DPS and the State Highway Patrol continue to persist.

I want to close with the following then I will be happy to answer questions;

I have known Colonel Rice for a long time.  I have always admired him from a distance as a man of vision and integrity.  Even before I was formally appointed, he reached out to me and told me if I needed anything, he would be there for me.  I took him up on this offer, mostly for advice, many times during my tenure as superintendent.

I know that on my way out the door, I was painted as part of the problem.  I’m sure in some respects that is true.  But I always tried to do what I felt was in the best interest of the public, my employees, and the organization that I faithfully served for over 31 years. 

But why in the world would the 10th Superintendent of the Ohio State Highway Patrol; a man who retired 15 years ago, with a stellar reputation and legacy intact; a man that had success in two other leadership positions following his Patrol Career; a man that should finally be enjoying some well deserved time off, be so interested in the current health of this organization.

I offer you this; because like so many of our retirees, he still cares.  A grass roots effort, starting with our former superintendents, has filtered through our ranks, retired and active, and is growing stronger every day.  And, as is commonly said by our military veterans; “All gave some, and some gave all.”  And in the Patrol most of us, even those who have been referred to as “Old Guard Retirees,” still care enough and continue to give today.

I will be happy to answer any questions you may have.

HomeSTOCommentaryPension News Recent NewsOur Story

On March 3, 2010, Colonel  Richard H. Collins (retired), at the invitation of Senator Timothy J. Grendell, R-Chesterland, provided  sworn testimony before the Senate Judiciary - Criminal Justice Committee.   The testimony included references to a memo authored by DPS Chief Legal Joshua Engle and this story that appeared in the Columbus Dispatch on January 17, 2009. 
Memo 1 - Criminal Investigations of all DPS Employees
E-Mail from DPS Chief Legal Joshua Engle to Major Robert Booker
Columbus Dispatch / Rule on state-worker investigations upsets troopers
(Documents related to this story can be found below the prepared commentary)
Memo 2 - Release of Pending Criminal Investigation
email me
E-Mail Colonel Collins at TroopertoTrooper.com
Columbus Dispatch / Ex-colonel worries about patrol
Toledo Blade / Panel told sting at mansion should  have proceeded  (see documents below commentary)
"I think we have a responsibility to stay independent," said Mr. Collins, who spent more than 31 years with the patrol, six of them as commander of the patrol's Findlay District.
Toledo Blade, March 4, 2010
Memos and E-Mail presented by Colonel Collins during his testimony in addition to exerts from responses to questions by committee members as reported by the Toledo Blade, March 4, 2010
"We offer, as we have other administrations, to provide overviews of criminal cases that we were involved in, but as far as how we proceed with those investigations, how we work with local elected prosecutors … that's our responsibility, not the responsibility of the civilian authority, the lawyers, and the legal section," he (Collins) said.  Toledo Blade, March 4, 2010

"Regardless of what that was or was not, once we knew that some kind of transaction was going to take place, I think it was the highway patrol's responsibility to intervene," Mr. Collins said.
Toledo Blade, March 4, 2010

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