Benton County Jail employee files grievance against Cradduck

 Benton County Sheriff Kelley Cradduck in an August 2015 file photo.
Benton County Sheriff Kelley Cradduck in an August 2015 file photo.

BENTONVILLE -- A Benton County deputy filed a grievance Thursday claiming she was wrongfully demoted from lieutenant because she cooperated with an Arkansas State Police investigation targeting Sheriff Kelley Cradduck.

photo

Robin Holt

Robin Holt filed a request for a hearing with the county. She claims she was wrongfully demoted Monday and her pay reduced by Cradduck in retaliation for her cooperating with the State Police. Holt claims her demotion was done in violation of the state's Whistle-Blower Act. She asks to be reinstated to her previous position and pay and to have any disciplinary action removed from her personnel file.

Whistle-Blower Act

Arkansas law says a public employer shall not take adverse action against a public employee because the public employee or a person authorized to act on behalf of the public employee communicates in good faith to an appropriate authority a violation or suspected violation of a law, rule, or regulation adopted under the law of this state or a political subdivision of the state.

Source: Arkansas Code 21-1-603

Bill Sadler, a spokesman for the Arkansas State Police, referred questions concerning the investigation to Prosecutor Nathan Smith, who said he couldn't comment.

"The Rules of Professional Conduct governing prosecuting attorneys prohibit me from commenting at this time," Smith said Thursday.

Cradduck denied the allegations in the filing Thursday. He said he hadn't seen the filing, and it was a personnel issue he couldn't comment on further.

Holt was notified Oct. 5 that Cradduck wanted to hire Gabriel Cox immediately and Cox would be in the Sheriff's Office that day to receive a uniform and equipment, according to the filing by attorneys Donald Kendall and Susan Keller Kendall. The filing says Cox was living with Cradduck at the time.

"Ms. Holt (was) advised that Cox had not yet completed psychological evaluation or physical required prior to Cox starting work," the filing states. "Despite not having completed the necessary testing, Ms. Holt was required to hire Cox. Ms. Holt was further advised that Sheriff Cradduck ordered that Cox's start date, time records and pay records were to be backdated to the week prior thereby paying Cox for time that he was not employed by the Sheriff"s Office. Holt refused to backdate the time and pay records. Ms. Holt informed Captain Jeremy Guyll that she was going against an order (of) the sheriff because she believed that it was illegal and unethical. Captain Guyll agreed and reported Sheriff Cradduck's order."

The grievance states on Oct. 6 Holt was asked to meet with Smith and David Moss, an investigator for the Arkansas State Police.

"Nathan Smith informed Ms. Holt that there would be an investigation into the sheriff, focusing on his order to backdate the time/pay sheet for Mr. Cox," the grievance states.

Holt was interviewed twice that day by Moss, the filing states.

Cradduck became aware of the State Police investigation Oct. 13, according to the filing.

"Sheriff Cradduck was irate about the investigation and immediately launched his own investigation to determine which employees were cooperating with the State Police," the filing states. "On the same day that he was told of the State Police investigation, Sheriff Cradduck sent text messages to numerous employees within the Sheriff's Office advising them that he was going to find out who was responsible for starting the whole State Police investigation and stated that employees were going to be 'put on the box,' which means they will be required to submit to polygraph testing so as to determine whether they were involved in the State Police investigation."

The filing claims Cradduck made statements to numerous employees that employees in the jail, including Holt and Megan Rutledge, were involved in the investigation. The filing claims Cradduck discussed ways to terminate or demote Holt and Rutledge "without it appearing as though such terminations were retaliatory."

The filing also states Cradduck ordered investigations into a 10-second video of Holt in which she reportedly was singing a popular song and made some reference to Benton County. The filing also claims Cradduck ordered an investigation into whether Holt has used her county-issued vehicle on a vacation during the summer.

The filing claims Holt's demotion is a violation of county policy, Arkansas law and also violates her state and federal Constitutional rights.

After being read sections of the filing, Cradduck denied any involvement with Cox's records or having investigated Holt in connection with the State Police inquiry.

"I launched no investigation into anything," he said. "I never spoke to her about any employee's records. I don't sign time sheets. I don't get involved in that."

Cradduck confirmed knowing Cox, but wouldn't comment on how he knows him. County employment records, obtained under the state's Freedom of Information Act, show when Cox was hired he listed as his place of residence the same Rogers address listed for Cradduck.

Cradduck said he did demote Holt, but it was because of the video.

"There is a video of her, in uniform and at the jail, making light of rape victims," Cradduck said. "That's not the kind of person we want in a position of authority at the jail. She's in uniform and at the jail. I can't overlook that. There was some discussion about whether to fire her or demote her, and I decided to let her keep her job."

Cradduck said the question of Holt using a county vehicle on vacation was brought to him. In light of the recent attention given to Chief Deputy Richie Connor's similar misuse of a county vehicle, he made inquiries.

"That was told to me by someone else," Cradduck said. "I had her asked about it by her boss, and she said she didn't do it and that was the end of it."

Cradduck also denied saying he would have employees subjected to polygraph testing. He said there is more to the situation, but added, "I'm not going to say anymore until the grievance hearing," he said.

Barb Ludwig, Benton County's human resources administrator, said county policy is to schedule grievance hearings within 14 days the filing. The grievance will be heard by the Quorum Court's Grievance Council made up of justices of the peace Michelle Chiocco, Shirley Sandlin, Susan Anglin, Joel Jones and Kurt Moore. The hearing is for employees to show they were deprived of their rights by the actions of an elected official, Ludwig said.

"The Grievance Council will be looking at whatever claim the employee makes as to whether their liberty rights were violated, that could include being a member of a protected class or a whistle-blower, or if the emp0loyee had a property right, which would be if they had a contract, which none of us have," Ludwig said.

Ludwig said the county has never had a grievance where the council voted to support an employee's position. She said she knew of one instance where the justices of the peace indicated one claim had merit, but the panel still upheld the elected official's action. The Grievance Council has no authority to overturn Cradduck's decision, Ludwig said.

"It is advisory, meaning they don't have a right to overturn an elected officials decision," she said. "But it does open the path to further legal recourse."

NW News on 10/30/2015

Upcoming Events