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By PORAC | March 1, 2002 | Posted in PORAC LDF News

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 harm’s way, Smith returned to patrol duties. The next day there was uncontroverted 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 a 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.