Retaliation complaint against Sheriff’s Office
01-27-2010 The Billings Gazette
An ongoing employment feud between the Yellowstone County Sheriff’s Office and one of its deputies will be decided by state hearings officer after an investigator found sufficient evidence to support his complaint of retaliation.
Hearings officer Terry Spear of the Employment Relations Division within the Montana Department of Labor and Industries has set a June 2 hearing into the complaint filed by Deputy John Smith. Smith filed the complaint with the Montana Human Rights Bureau in September. He alleged that he was subjected to retaliation when he received a 40-hour suspension without pay for an incident in December 2008. Smith said the retaliation was the result of his involvement in another employment dispute within the Sheriff’s Office, and a deputy at the same incident who is not involved in the employment case was not disciplined, Smith said.
Smith also alleged that the refusal of the Sheriff’s Office to adopt employment policy changes that resulted from a previous complaint was retaliatory, and that the Sheriff’s Office is in violation of state employment laws.
Jennifer Conwell, an investigator with the Human Rights Bureau, filed a report last month stating that there is sufficient evidence to support Smith’s claim of retaliation. Smith filed the Human Rights Bureau complaint days after an arbitrator in a union grievance filed by the deputy also found in his favor.
Conwell said there is insufficient evidence to support Smith’s remaining claims.
It is the second Human Rights Bureau complaint filed against the Sheriff’s Office by Smith. The first claim was settled in an agreement that called for an independent review of the Sheriff’s Office employment practices.
Helena attorney Mike Meloy completed the review last year and made numerous recommendations for improvements within the Sheriff’s Office. Last month, Meloy filed a lawsuit against Yellowstone County seeking payment of about $22,000.