BENTONVILLE — Sarah Wilson, who was fired from her job as Benton County's comptroller April 8, seeks reinstatement.
Wilson wants a liberty rights hearing and a name-clearing hearing under the county's grievance policy, according to a letter from her attorney Jeff Mitchell of Fayetteville.
Grievance Procedure
Liberty Right Hearings
• Any claim of illegal county employment discrimination on the basis of race, color, religion, gender, national origin, or disability or because the county is acting in a manner that is arbitrary, capricious, or unreasonable, in hiring, compensation, conditions of employment, discipline, or dismissal must be timely made in writing by the affected applicant or employee in accordance with this grievance hearing procedure.
• Any claim that any employee treatment, discipline, or dismissal is unconstitutional punishment due to the employee’s exercise of a constitutionally protected “liberty right” or other constitutionally protected activity of the employee must be timely made in writing by the affected employee in accordance with this grievance hearing procedure.
• Any claim that any employee treatment, discipline, or dismissal is contrary to the public policy of Arkansas must be timely made in writing by the affected employee in accordance with this grievance hearing procedure.
Name Clearing Hearings
• Any claim that any employee’s liberty interest in future employment has been damaged as a result of any “stigmatizing charge” publicly communicated by the County must be timely asserted by the affected employee in accordance with this grievance hearing procedure.
Source: Benton County Employment Policy
"The specific facts which give rise to her claim for relief can primarily be found in the termination letter provided to her by County Judge (Bob) Clinard on April 8, 2014," Mitchell states in the letter. "We believe that both Judge Clinard's stated and actual reason for terminating Sarah Wilson's employment with the county violated, at a minimum, the rights she enjoys under the United States Constitution, and were contradictory to Arkansas Constitutional Protections and Arkansas Public Policy."
Clinard declined to comment Monday on Wilson's request for the hearings or the claims in Mitchell's letter.
In the letter, Mitchell said, "the county was wrong to terminate Ms. Wilson based on her choice of spouse, or on her failure, in the eyes of the county, to notify her employer of the name of her spouse within some unspecified time period."
Wilson will seek reinstatement to her job as comptroller, Mitchell said. He said that if other relief is sought or the requested reliefs change he will notify the county. Mitchell did not return calls Monday seeking additional comment. County officials were working Monday afternoon to schedule Wilson's grievance hearing. County policy provides a hearing must be scheduled within 14 working days, giving the county until May 1.
Clinard gave Wilson a letter outlining his reasons for ending her employment and has declined to comment on the matter beyond what was in the letter. Wilson had no comment after the meeting with Clinard in which she was fired.
In the April 8 letter, Clinard told Wilson he received an anonymous phone call March 28 from "a purported county taxpayer" telling him Wilson recently married Scott Stober, former public services administrator who was arrested July 30 in connection with theft of property, a Class D felony; and theft of property, a Class C felony. He later resigned.
Jackie Brown and Grant McCracken, two other Road Department supervisors, also were arrested. Brown was charged in connection with felony theft and McCracken was charged with being an accomplice to theft, a misdemeanor.
Stober and Wilson were in a relationship before his arrest, Sheriff's Office investigators and Wilson confirmed at the time. Investigators spent several days last summer looking through records in the accounting office. Springdale attorney Joel Huggins, who represents Stober, confirmed last week that Stober and Wilson are married.
Clinard said in the letter he told Wilson of the March 28 call.
"You did not tell me anything new at that time or over the next two days," Clinard wrote. "The following Monday another anonymous caller reported the same thing. That report was made to the county HR department. I followed up with you again."
Clinard said he asked Wilson "point-blank if it was true" and she confirmed it was. He said in the letter he and Wilson talked at length about her relationship with Stober after his arrest. He said Wilson told him then she was no longer in a relationship with Stober.
"I gave you the benefit of the doubt and chose to believe you," Clinard said in the letter.
Clinard said Wilson, as comptroller, is responsible for supervising the quality of accounting and financial reporting of the organization. He said her continuation or renewal of a relationship with someone accused of stealing from the county raised questions about his original decision.
Clinard said because Wilson wasn't forthcoming about her relationship with Stober he now questions her judgment.
NW News on 04/15/2014