3:37 p.m. update
A second grievance was filed Friday against Benton County Sheriff Kelley Cradduck alleging wrongful demotion and claiming protection under the Arkansas Whistle-Blower Act .
The second grievance was filed by Capt. Jeremy Guyll, who was the captain over the Benton County Jail.
Guyll claims in his filing he was wrongly demoted because he reported to the Arkansas State Police that Cradduck had ordered Robin Holt to falsify the time and pay records of Gabriel Cox, a newly hired employee at the jail.
Holt, who was also a deputy at the jail, made a similar claim in a grievance filed Thursday.
Cradduck did not respond Friday to voice mail messages and text messages sent to his county cell phone.
According to Holt and Guyll, Cradduck ordered the records to be backdated to the week prior to Cox being hired so he would be paid for time that he was not employed. Holt allegedly reported Cradduck's order to Guyll, telling him she was refusing to comply with the order, and Guyll supported her in that decision and notified the State Police.
Guyll is on medical leave, the filing states, and has received no notice of his demotion. However, the grievance says Cradduck sent an email to employees of the Sheriff's Office on Oct. 27 announcing that Jeff Robbins had been promoted to jail captain.
"Sheriff Cradduck has not notified Captain Guyll that he is being transferred, demoted, or terminated," the filing states. "Captain Guyll has been informed by way of rumor that he will be demoted by Sheriff Cradduck. Based on the October 27, 2015, email, it is clear that Captain Guyll will not resume his duties as Captain over the jail upon return from his medical leave. The removal of Captain Guyll as captain over the jail is an adverse employment action that Sheriff Cradduck has made in retaliation for Captain Guyll having reported illegal and unethical conduct by Sheriff Cradduck."
Guyll's grievance also makes reference to a video of Holt that Cradduck has said is the basis for her demotion. Guyll's grievance states that he made the video recording and sent it to two employees of the Sheriff's Office and to Cradduck's wife, Sabrina Cradduck.
The grievance states that employees routinely communicated with Cradduck through his wife.
"Sabrina Cradduck's telephone number is the number that the employees of the Sheriff's Office are advised to use on a regular basis to communicate with the Sheriff," the grievance states. "Sabrina Cradduck is at the Sheriff's Office on a regular basis and is involved in the day-to-day operations of the Sheriff's Office. Captain Guyll received a text message response from Sabrina Cradduck's telephone number indicating that she found the video to be funny. A copy of the text message chain is attached hereto as Exhibit A. The video was in no way inappropriate or derogatory, particularly when compared to the behavior that is tolerated, if not condoned, by the Sheriff."
Earlier
BENTONVILLE — Benton County Prosecuting Attorney Nathan Smith confirmed Friday there is an investigation into criminal allegations against Sheriff Kelley Cradduck and a special prosecutor will be appointed to handle the case.
Smith said he was contacted on Oct. 6 about possible wrongdoing by the sheriff.
"On Oct. 6 I received information concerning allegations against Benton County Sheriff Kelley Cradduck," Smith said Friday morning. "I requested a formal investigation to be completed by the Arkansas State Police. The investigation is in the final stages or complete. I have also requested a special prosecutor from outside my office be appointed to decide whether any charges will be filed. I want to stress that, like anyone else, the sheriff is innocent until proven guilty."
Smith said the rules of professional conduct prevent him from discussing any details of the allegations or the investigation.
On Thursday, Robin Holt, a former lieutenant in the Benton County Jail, filed a grievance with the county claiming Cradduck had wrongfully demoted her after she refused to falsify payroll records and reported Cradduck's order that she do so to a superior. Holt said she was twice interviewed by a State Police investigator and when Cradduck learned of the investigation and her possible involvement she was demoted to deputy and her pay reduced. Holt is seeking to have her rank and pay reinstated. No date has been set for a hearing on her grievance.
Cradduck denied the allegations in the filing Thursday.
Smith said he had seen the grievance filed by Holt but he could not comment on it. He said there will be no set time for the special prosecutor to complete his work, other than observing guidelines of the statute of limitations.
"That's the only thing he's working under," Smith said.