SHERIFFS SERGEANT ORDERED
REINSTATED
On September 8, 2000 Sgt.
James Smith, a member of the Humboldt County Law Enforcement Association
in Humboldt County, Nevada, was terminated by his employer, the Sheriff’s
Department. On July 3, 2000, Smith, who was recently separated from his
wife, was asked by his father-in-law to drop by his estranged wife’s
house and perform a welfare check. Her father was concerned because he
had not heard from her for a few days. Smith, knowing that he and his
recently estranged wife were on relatively good terms, agreed to do so.
The visit to the estranged wife’s house was a relatively uneventful
one, and after assuring that his wife was not in harms way, Smith
returned to patrol duties. The next day there was uncontreverted
testimony that Smith received a call from his wife asking him to come to
the house. He did so while off-duty. During that visit, testimony showed
that he was given a key to the house and told to use it if he so
desired. Smith agreed and later left the residence, again, a relatively
uneventful visit. A short time later, testimony showed, Sgt. Smith
returned to his estranged wife’s house and told her that he did not
feel right about keeping the key and that if she was not going to return
to the family home that he did not think things could work out.
Shortly thereafter, the
Winnemucca Police Department (the residence is within the city’s
jurisdiction) responded to a 911 call from the estranged wife. Ms. Smith
alleged that her former husband had been harassing her and had been to
the house three times in the last several hours. She stated further that
she had been in fear of her safety and that Smith had battered her. The
reporting officer noted that there were several inconsistencies in her
story, not the least of which included that she sometimes said she was
battered and sometimes said she was not. It was further noted that if
she were in fear of her safety she had ample opportunity to call during
the several hours that passed between the night of July 3 and the
morning of July 4. The Sheriff’s Department, to no surprise, conducted
an internal affairs investigation. What is of some surprise is that the
department chose to totally ignore the facts of the case and charged
Sgt. Smith with violation of several department policies.
It was well established
during the hearing that because of the rural nature of Winnemucca and
Humboldt County, the jurisdictional lines are frequently crossed. It was
further established that a supposed policy that prohibited department
members from doing welfare checks on members of their own family was
neither written nor openly promulgated, and that it had never been
discussed with Smith. In the words of arbitrator R. Douglas Collins,
"… The county’s case relies entirely on unsubstantiated
hearsay, including double and triple hearsay in the investigator’s
reports, and gross speculation. …Moreover, even if they had been
supported by competent evidence, the allegations themselves are vague,
based largely on unwritten rules, and speculative. In short, the county’s
action in this case was remarkably deficient and unjustified."
Arbitrator Collins ruled that "… The county did not have cause…to
terminate the services of Sergeant James Robert Smith …It shall
therefore reinstate grievant to his former position of sheriff’s
sergeant. Further, the county shall make grievant whole for all wages,
benefits, and seniority that he lost as a result of the improper
termination of his employment…" As of this writing Sgt. Smith
eagerly awaits his return to work. Val R. Schiele, of Employee
Representation Services, Inc. represented Smith in this case. Smith is
thankful to PORAC LDF for the assistance it provided and urges all
officers, when confronted with inappropriate actions to contact LDF and
their service provider.
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