Deputy files human rights complaint against Sheriff's Office
07-08-2009 The Billings Gazette
The Yellowstone County Sheriff's Office is facing another human rights complaint filed by a deputy.
Deputy John Smith, who previously filed a complaint that led to an outside review of the department, filed a new complaint with the state Human Rights Bureau on June 16. In the new complaint, Smith alleges that the Sheriff's Office has ignored the findings of the outside review, and said his superiors retaliated against him by suspending him in December.
The Sheriff's Office, through Deputy County Attorney Kevin Gillen, filed its response Tuesday and said that the county received the outside review report less than a month before Smith filed his complaint, so the county hasn't had time to fully implement its recommendations.
"The county merely has not finished its review process," the county wrote in its response. "That the county's timeline is longer than what Deputy Smith would prefer is not an actionable claim, an adverse action, or a breach of the settlement agreement."
As for the retaliation claim, Gillen wrote that Smith filed a grievance over his suspension, and that arbitration on the grievance is scheduled for July 22. Both Gillen and Smith's attorney, Tim Kelly, declined to comment because the case is ongoing.
It's unclear why Smith was suspended or for how long. But in the outside review, Helena attorney Mike Meloy wrote, "A deputy who was recently elected union president received a five-year reprimand letter for carrying a laptop and personal cell phone with him while on duty." Smith is currently president of the union that represents sheriff's deputies.
Smith filed a human rights complaint on July 3, 2008, alleging that he faced retaliation because he agreed to testify in a federal lawsuit brought by other deputies against the department.
In that case, Deputies Chris Romero and Roger Bodine and Transport Officer Dave Valdez allege that the Sheriff's Office discriminated against them because they are Hispanic. The case is scheduled to go to trial on Aug. 17.
In September 2008, Smith settled his complaint with the county. In the settlement, the sheriff's office agreed to conduct an independent review of its operations.