BENTONVILLE -- Benton County Sheriff Kelley Cradduck on Wednesday reinstated two employees he claims he demoted because they were involved in creating an insensitive video.
Cradduck's decision came after a Grievance Committee on Tuesday night recommended Jeremy Guyll be returned to his position as captain at the jail and Robin Holt be reinstated as a jail lieutenant. Cradduck said at a short news conference Wednesday he respected the committee's decision.
Kelley Cradduck will seek a third term as Benton County sheriff in next year’s election. Maj. Shawn Holloway with the Sheriff’s Office; Paul Pillaro, a lieutenant with the Lowell Police Department; and Timothy Filbeck, a corporal with the Siloam Springs Police Department, are his Republican primary opponents.
Source: Staff report
"I do apologize for any inconvenience to the persons and general public for the distractions that this may have caused," Cradduck said. "I would like to apologize to all the employees who were not involved in this incident, but had to endure through this process."
Guyll and Holt will be immediately reinstated, Cradduck said.
Don Kendall, one of the attorneys who represents Guyll and Holt, was happy for his clients, calling them "good, dependable folks." Kendall said their cases had merit and the committee agreed with them.
Cradduck's decision to reinstate resolves the matter, he said.
"I don't have any reasons to believe there will be other problems," Kendall said.
Holt and Guyll said at the hearing they believe their demotions were in retaliation for cooperating with an Arkansas State Police investigation concerning possible criminal acts committed by Cradduck. The hearing lasted for about five hours.
Holt and Guyll refused to back date the hiring date for Gabriel Cox, who had been hired to work in the jail. Cradduck wanted Cox's hiring date to be Sept. 27 instead of Oct. 7 when he was officially hired, according to testimony from witnesses at the hearing.
Employment records obtained under the state's Freedom of Information Act show when Cox was hired he listed his place of residence as the same Rogers address listed for Cradduck. Cradduck has said he knows Cox, but refused to elaborate.
Maj. Shawn Holloway reported the issue to the Benton County prosecutor. State Police was assigned to investigate the case. Jason Barrett, a special prosecutor, will determine if any criminal acts took place.
Cradduck didn't attend Tuesday's hearing, but Drew Miller, his attorney, did question witnesses.
The demotions were in response to a video recorded at the jail, Cradduck said.
Holt, who was in uniform, dances and references prison rape in the video that was shot in September. Cradduck described the video as inappropriate and said it mocked rape victims.
Guyll admitted recording Holt and later sending the video to a few people at the Sheriff's Office, including Cradduck's wife, who isn't an employee.
Holt denied she intended to make fun of rape victims. She described the video as part of the dark humor that exists at the Sheriff's Office.
The committee found Guyll and Holt were whistleblowers, and their demotions weren't equal since other employees also involved with the video weren't punished.
The justices of the peace who serve on the grievance committee were pleased with Cradduck's decision to reinstate the two employees.
"I'm really glad to hear that," said Michelle Chiocco, chairman of the committee, on Wednesday afternoon.
"We were all really well in agreement on that one," she said of the committee's finding the employees were protected by the state's Whistle Blower Act.
Chiocco also said the committee was influenced by the findings of the Sheriff's Office internal investigation into the video, which indicated everyone involved should be held responsible.
"That's when we decided about the unfair treatment," she said. "Why weren't all of the people involved disciplined?"
Kurt Moore, justice of the peace, also was pleased with the reinstatements.
"It's kind of hard for an elected official to turn around and reinstate somebody he feels has let him down in some way, shape or form," Moore said. "I applaud him for what he's done."
Moore said he was convinced by the testimony the video, while inappropriate and possibly offensive, wasn't anything unusual at the Sheriff's Office.
"The question I asked myself was if this was conduct that, if you had taken away the State Police investigation, would anything have come of it? We felt pretty strongly that what went on was an everyday occurrence. Barring the investigation, this would not have happened," he said.
Barb Ludwig, human resources administrator, said the change in pay that would have accompanied the demotions was put on hold by the grievance process, and Holt and Guyll will be paid at their former rate of pay going forward. The reinstatement could be completed by the end of this week, Ludwig said.
NW News on 11/19/2015