Workers Sue Sheriff’s Office

TWO FEMALE EMPLOYEES CLAIM HARASSMENT IN SUIT

By Scott F Davis

Saturday, November 21, 2009

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FAYETTEVILLE — Two female employees of the Washington County Sheriff’s Office say in a federal lawsuit they have been sexually harassed on the job and Sheriff Tim Helder has tolerated it.

Helder denies the accusations.

Sgt. Lori Schmidt and Cpl. Stephanie Guenther in the lawsuit filed Thursday claim their civil rights have been violated. The lawsuit names Helder as a defendant along with the Sheriff’s Office, Maj. Rick Hoyt and former Capt. Randy Osburn.

The accusations included in the lawsuit include claims Helder and subordinates have tolerated male employees talking openly about sexual practices, attending wifeswapping parties and watching strip searches of female prisoners.

Helder and Hoyt are accused of improperly dismissing a sexual harassment complaint filed by Schmidt against Osburn in March. The lawsuit describes the written report of the sheriff’s investigation into her complaint as a “whitewash and a cover-up.”

Helder said Friday that Schmidt’s allegations against Osburn were not confi rmed or substantiated through an investigation. Osburn later resigned following an investigation unrelated to Schmidt’s complaint, he said.

Helder denied any knowledge of the allegation of wife-swapping parties, saying the first he heard about it was when the lawsuit was filed.

“We will defend this lawsuit vigorously because we are in the right,” Helder said.

The suit was filed by New York attorney Joshua Friedman. A Web site set up by Friedman shows what he describes as transcripts of 17 interviews conducted by the Sheriff’s Office. The transcripts indicate Helder told investigators he took the complaint seriously and “he’s ordered a thorough investigation.”

Washington County Attorney George Butler rejected a request under the Arkansas Freedom of Information Act for a copy of the sheriff ’s investigative report, saying it was exempt from public disclosure because it’s considered an employee evaluation or job performance record.

The lawsuit also claims Schmidt, a single mother, was placed on night duty and issued a letter of reprimand and ridiculed for filing the complaint and lawsuit. Guenther claims she was passed over for promotion and made to continue to work nights for speaking in support of Schmidt’s allegations.

The two women do not have listed phone numbers and could not be reached for comment. Friedman said interviews by the Sheriff’s Office corroborate the allegations.

The lawsuit is based on the statements of witnesses, Friedman said. Schmidt’s original complaint to the Sheriff ’s Office was based on what she witnessed, he explained.

Schmidt’s Complaint

The sexual harassment complaint Schmidt filed on March 30 claimed Osburn:

Drew a “sex tree” for a female sergeant and told her who she could have sex with and who she could not.

Made inappropriate remarks about Schmidt’s living arrangement to share a home with her ex-husband.

Discussed plans by female Sheriff’s Office employees to have breast augmentation surgeries and asked how big they planned to make their breasts.

Teased Osburn about her ex-husband’s relationship with other women.

She also claims in the lawsuit Osburn kept a list of 10 numbers representing employees he had targeted and had crossed oft three he’d already fi red.

Guenther’s Allegations

The lawsuit claims when Guenther asked Osburn why she had not received a promotion, he asked Guenther if she was having lesbian sex with a former deputy sherift, a claim she denied.

Osburn asked Guenther about tattoos on her body and she later learned he obtained pictures of a tattoo on her breast and showed it to other officers, including Hoyt, according to the lawsuit.

Hoyt called Guenther’s husband and told him he’d seen a picture of her breast and described the tattoo, according to the lawsuit.

Wife-Swapping Claim

“It was common knowledge among the sheriff ’s employees that (Osburn) hosted so-called wife-swapping parties at his home attended by junior officers and deputies of the Sheriff’s Office,” the lawsuit asserts. “In one instance, one of the attendees became so infatuated with another attendee’s wife and sent her flowers, which provoked a confrontation at the Sheriff’s Office. ... A fist fight nearly broke out ”

...

Strip Searches

The suit claims Osburn and a male lieutenant were caught by a female sergeant spying on prisoners being strip searched. The two men watched the search through a video screen in an off ce, the lawsuit alleges. Prisoners are ordinarily strip-searched in the showers where there are no cameras, but this incident took place in a hallway, the suit claims.

Helder said an investigation confirmed a strip search had taken place in the hall, but it was never confirmed anyone watched it on video.

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