Former Whitefish Police Chief Agrees to Surrender Law Enforcement Credentials

Faced with the choice of either admitting allegations of official misconduct, which the state Justice Department says “a preponderance of evidence” proved during an 18-month investigation into one of its own, or permanently sacrificing his law enforcement credentials, former Whitefish Police Chief Bill Dial has elected the latter course of discipline.

In doing so, the 74-year-old Dial makes no admission of guilt even as he accepts the harshest sanctions the state Justice Department’s watchdog bureau can dispense in Montana — the permanent revocation of a law enforcement’s officer’s certificates.

According to the Montana Public Safety Officer Standards and Training (POST), which is responsible for overseeing law enforcement certification, the former top police official voluntarily entered the stipulation and agreement on Feb. 2. He also waived his right to a contested-case hearing process, an appeal or a judicial review.

“Mr. Dial has voluntarily surrendered his POST certification. Under POST law, his surrender constitutes a permanent revocation of his POST certification in the State of Montana, and he may no longer operate as a public safety officer in Montana,” according to a statement from the bureau. “Mr. Dial’s surrender completes POST’s inquiry into the matter.”

Dial has not responded to requests for comment throughout the Beacon’s coverage of this case, which came to light in August 2021 when he retired abruptly and without explanation amid misconduct charges.

Those allegations are detailed in a 12-page complaint by POST and are based on evidence including hundreds of text messages exchanged between Dial and Matthew A. Marshall, a former Whitefish security consultant now serving a six-year federal prison sentence for defrauding wealthy Whitefish philanthropist Michael Goguen, against whom Dial filed a lawsuit in December 2019 airing a wide range of grievances, including claims that Goguen tried to have Dial fired from his position.

Last month, Flathead County District Judge Robert Allison dismissed Dial’s lawsuit against Goguen with prejudice.

The allegations against Dial were also reviewed by the state Justice Department’s Criminal Justice Information Network (CJIN) and the state Division of Criminal Investigation (DCI), which both determined that the former police chief’s actions did not warrant criminal prosecution.

Even though Dial insists he never intends to work in a law enforcement or public safety setting again, the revocation of his credentials is a damaging capstone to an enduring law enforcement career, which includes his 20-year tenure as chief of the Whitefish Police Department.

Still, in a letter to POST dated Dec. 26, 2022, Dial explained he’d rather accept that punishment than admit to allegations he insists are “based on lies.”

“After consultation with my attorney and family, I find it in our best interest to voluntarily surrender my certificates,” Dial wrote in the letter rejecting POST’s earlier settlement offer, which would have allowed the former lawman to keep his credentials on the condition that he never again work as a law enforcement officer. “My written response was truthful and at no time ‘did I make false statements’ nor did I provide ‘inappropriate access to a civilian.’ Therefore, I reject the offer and am willing to surrender my certification with no admission of guilt.”

The conditions of POST’s previous settlement offer, which the bureau made in December, would also have required Dial to admit some wrongdoing, including using “poor judgment” stemming from his relationship with Marshall.

For Dial, those admissions were a deal breaker.

“This entire complaint is based on lies and the assumption of what some people thought I did,” Dial told the POST council and its case-status committee members during a Dec. 21, 2022, conference call. “So, I am not going to admit to any guilt. What I said was I will provide a written affidavit that I would not be a police officer in the state of Montana or any other state. I’m 74 years old. I have no desire to be a cop again with the environment the way it is.”

According to the Aug. 25, 2021, POST complaint against Dial, the former police chief “engaged in, condoned, and/or failed to disclose to appropriate authorities, acts of corruption.” The sprawling complaint accuses Dial of colluding with Marshall to entrap a fellow Whitefish police officer, who both men claim was in league with Goguen; falsifying information and lying to city, state and federal investigators; allowing Marshall, an “unvetted civilian with no POST certification or law enforcement credentials,” physical access to the Whitefish Police Department, access to information on confidential and ongoing police investigations, and access to confidential criminal justice information that is protected by state law; and volunteering to drop a speeding ticket that Dial issued to a friend of Marshall’s “as a favor.”

In its final determination, POST says its investigation ultimately “disclosed a preponderance of evidence to prove that Dial made false statements and that he had inappropriate communications with, and provided inappropriate access to, a civilian [Marshall].”

According to POST: “Dial willfully violated orders or policies, procedural rules, and/or criminal law” by allowing an “unvetted civilian, having no POST certification or law enforcement credentials, physical access to Whitefish Police Department (WPD), access to information on confidential and ongoing police investigations and access to confidential criminal justice information (CCJI) when he provided Matt Marshall with: a key card permitting 24-hour access to WPD building facilities; a radio open to WPD police band transmissions; ongoing investigation reports and closed case reports containing CCJI generated by WPD and other law enforcement agencies.”

At his case-status hearing, Dial said he’d only admit to making “poor judgment” when he issued the speeding ticket to Marshall’s friends and then offered to “make the ticket go away,” which he described “as a practical joke.”

“I do take responsibility for making poor judgment,” Dial said.

POST’s policy and procedure surrounding officer misconduct allegations can be found here.