Benton County officials reject grievance

BENTONVILLE -- Benton County officials rejected claims Tifffany DeVore, a jail employee, had been discriminated against for exercising her right to free speech in the March Republican Party primary election for sheriff.

"The preponderance of evidence was not shown," Michelle Chiocco, chairwoman of the Grievance Council, said after the five justices of the peace voted to deny all of DeVore's claims.

About the Grievance Council

The Grievance Council considers claims of illegal discrimination or that the county acted in an arbitrary, capricious or unreasonable manner; claims any employee treatment is unconstitutional punishment due to the employee exercising a constitutionally protected right; and claims that any employee treatment, discipline or dismissal is contrary to the public policy of Arkansas. The council’s findings and recommendations are advisory and not binding on any elected official. The council is comprised of five justices of the peace appointed by the county judge. Members are Michelle Chiocco, Joel Jones, Shirley Sandlin, Susan Anglin and Kurt Moore.

Source: Staff report

DeVore claimed in a grievance filed last month she was demoted for exercising her right to free speech. She also claimed gender discrimination in the documents.

DeVore said she was a disciplinary sergeant at the jail until she was demoted May 13. She asked to be reinstated, receive payment for lost wages and "compensation for all other damages and any related costs and expenses."

Josh Bailey, DeVore's attorney, said she didn't want to make any statement after the hearing. Bailey said he'll discuss whether to pursue other avenues of appeal with DeVore.

"All options are on the table," Bailey said.

DeVore claimed she was demoted because she made comments in support of Paul Pillaro and Glenn Latham.

Pillaro ran for sheriff in the Republic Party primary in March. Latham is running for sheriff as an independent candidate in the November general election. DeVore said she has also made comments critical of Shawn Holloway, who won the Republican Party nomination for sheriff defeating incumbent Kelley Cradduck, Pillaro and Timothy Filbeck. Interim Sheriff Meyer Gilbert has named Holloway chief deputy for the Sheriff's Office. DeVore said she also criticized Kevin Harrison, justice of the peace, a supporter of Holloway.

DeVore said Holloway became angry when someone told Cradduck he visited the jail "for what appeared to be a campaign trip" and Holloway blamed her. She denied telling Cradduck that Holloway was at the jail.

DeVore claims in the grievance her demotion constitutes gender discrimination "in the form of disparate treatment and hostile work environment."

She also claims the demotion is a form of retaliation by Robin Holt, a lieutenant at the jail, saying she lodged "no less than three complaints against Lt. Holt, but there has been no recourse." DeVore claims her husband, Tim DeVore, also a Sheriff's Office employee, complained about Holt and she participated in an investigation of another employee's complaint about Holt's behavior, saying "To my knowledge, Lt. Holt was never reprimanded."

Bailey raised questions about policies for creating positions and whether they were followed. He also asked why DeVore's replacement, Mike Lira, was "pre-selected" for the position rather than giving DeVore an opportunity to seek additional training or making the position open to all employees of the Sheriff's Office. Bailey questioned DeVore's demotion and the list of other staff changes made by interim Gilbert.

"Why is the interim sheriff making these tectonic changes when he's going to be gone in a couple of months," Bailey asked. "There's going to be an election in a couple of months and there's going to be a new sheriff."

Bailey said the decision was rushed and pointed to DeVore's conflict with Holloway as the reason for her demotion.

"Why did it have to happen so fast?" he asked. "She has engaged in protected political speech and for that reason she's being punished."

Tom Kieklak, attorney for Gilbert, said DeVore's claims weren't substantiated by any evidence. He said she testified she never spoke with Gilbert about her demotion and she had no evidence he was aware of her political leanings.

Kieklak said Gilbert was tasked with restoring the Sheriff's Office after Cradduck resigned.

"The place was a mess and needed fixing," Kieklak said.

Kieklak said the restructuring resulting in DeVore's demotion was proven to be the right decision when a jailer was arrested for sexual assault in the week after the change was made.

"He made a decision and the change worked, it's that simple," Kieklak said. "Everything else is second-guessing."

NW News on 06/07/2016

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