Sheriff reinstates demoted 2 after panel's recommendation

BENTONVILLE -- Benton County Sheriff Kelley Cradduck on Wednesday reinstated two employees whom he said he demoted because they were involved in creating an insensitive video.

Cradduck's decision came after a grievance committee Tuesday night recommended Jeremy Guyll be returned to his position as captain at the Benton County jail and Robin Holt be reinstated as a jail lieutenant. Cradduck said at a short news conference Wednesday that he respected the committee's decision.

"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 reinstated immediately, 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 grievance 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 testified at the grievance hearing that they believe their demotions were in retaliation for cooperating with an Arkansas State Police investigation that concerns possible criminal acts committed by Cradduck. The hearing lasted for about five hours.

Holt and Guyll refused to backdate 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 grievance hearing.

Employment records obtained under the state's Freedom of Information Act show that 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 prosecuting attorney's office. State police were assigned to investigate the case. Jason Barrett, a special prosecutor, will determine whether any criminal charges will be filed.

Cradduck did not 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 refers to 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 is not an employee.

Holt denied she ever 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 that Guyll and Holt were whistleblowers, and their demotions were not equal since other employees involved with the video were not 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 that 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?"

Barb Ludwig, county 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.

Metro on 11/20/2015

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