Sheriff Says Deputies Violated Multiple Policies

FAYETTEVILLE — Washington County Sheriff Tim Helder said three deputies who were fired last week violated multiple departmental policies.

Helder said two employees made sexual harassment complaints against Cpl. Tiffaine Scott, Deputy Mercedes McReynolds and Detention Officer Brandy Shipley.

The complaint prompted an internal investigation that lasted four to five months, Helder said.

During the course of the investigation, Helder said other violations were uncovered, including sleeping on the job, retaliation and lying.

Hearing Information

Employee Grievance Hearing

When: 4:45 p.m. May 3

Where: Washington County Courthouse, Quorum Courtroom

Helder said a fourth deputy, Brian Walton, resigned after one of the three others accused him of making racist comments.

George Butler, Washington County attorney, said an internal investigation determined Walton didn’t make racist comments, but had a conversation with someone who did. The comments, according to Butler, weren’t directed toward anyone and the allegation was “unfounded.”

Helder said the initial complaint against the three deputies happened after co-workers overheard the women having sexually explicit conversations.

“Everyone wants to focus on sexual harassment because it’s a hot-button topic,” he said. “But that’s not the only policy that was violated here. It was the initial complaint that led to the investigation.”

In 2011, Washington County settled a sexual harassment lawsuit filed by two former Sheriff’s Office employees for $395,000. The money, which came from a risk management fund, was split between the plaintiffs, former Cpl. Stephanie Guenther and former Sgt. Lori Schmidt.

The women sued in November 2009 claiming Helder and subordinates tolerated male employees talking openly about sexual practices and watching strip searches of female prisoners.

“During the Schmidt/Guenther filing, the majority of things they were talking about during depositions were things that happened prior to our administration,” Helder said. “We were trying to defend 25 years of incidents and culture. Things that I wasn’t aware of and had nothing to do with our administration.”

Helder was elected to his first term in 2004.

Also in 2011, Helder hired a former Fayetteville deputy police chief who lost his job after an internal investigation involving sexual harassment. Tracey Risley joined Helder’s staff Aug. 8, 2011, in a part-time position as liaison for a Washington County work program, a pilot project developed through the Department of Community Correction. The program seeks to keep people out of jail and speed restitution for victims.

Fayetteville Police Chief Greg Tabor suspended Risley in March 2011 after an investigation substantiated a report by a departing employee alleging inappropriate behavior. The investigation found 10 women employed by the city reported harassment and inappropriate contact by Risley. On the day he was suspended, Risley submitted his resignation.

In 2010, Helder fired Jessie Lunderby, a jailer, after nude photographs of her appeared on Playboy.com. Helder said job performance issues and departmental disruptions led to Lunderby’s termination. Lunderby filed a sexual harassment complaint because of a co-worker’s comment about the photos in April 2010. The co-worker was disciplined and attended training and conduct education.

Helder said he hasn’t made any changes to the department’s policy regarding sexual harassment.

“Our policies have been in place for a long time and I’ve always had a zero tolerance on this kind of thing,” he said. “Everyone is trained and current on our policy.”

Butler said he doesn’t know of any other county departments that have dealt with complaints pertaining to sexual harassment.

Ronnie Baldwin, executive director of the Arkansas Sheriff’s Association, said complaints of sexual harassment aren't limited to law enforcement.

“I’m sure allegations of sexual harassment don’t just go on in the sheriff’s office, but throughout the state and throughout this nation,” he said. “I don’t think it has anything to do with what Washington County is doing or not doing that sparks these instances. I know Sheriff Helder and that’s not something he would allow.”

Butler said McReynolds, Shipley and Scott filed grievances through the Human Resources Department to appeal Helder’s termination.

By filing the grievance, the deputies are considered suspended with pay for up to 14 days.

The Quorum Court’s Personnel Committee conducts the hearing, which is much like a trial, and includes sworn statements, witnesses, opening and closing statements, according to the county’s employee handbook. Once completed, the committee will give an opinion on whether Helder should keep the deputies employed.

The committee is composed of Justices of the Peace Butch Pond, Mary Ann Spears, Ann Harbison, Candy Clark, Barbara Fitzpatrick, Ron Aman and Harvey Bowman.

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